REPRESENTATIVES Core, Calvert, Sullivan, Allen, Webster, Husted, Lendrum, Kearns, Hollister, Kilbane, Fedor, Perry, Hagan, Reinhard, Manning, Damschroder, Grendell, Niehaus, Clancy, Collier, Faber, Wolpert, Flowers, Carmichael, Latta, Olman, Schaffer, Evans, Peterson, Setzer, Jolivette, Schmidt, Roman, Redfern, Coates, Aslanides, Flannery, Fessler, Salerno

To amend sections 317.08, 1515.02, 1515.15, and

1

1515.24 and to repeal sections 1515.25, 1515.26,

2

and 1515.27 of the Revised Code to eliminate the

3

authority for referendums on assessments levied for

4

improvements under the soil and water conservation

5

statutes, to require that property owners be

6

notified of uniform assessments under those

7

statutes by first class mail in lieu of

8

notification by publication, and to require a

9

county recorder to record any restrictions on the

10

use of property identified pursuant to the State

11

Fire Marshal's rules regarding releases from

12

petroleum underground storage tanks.

13

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1.  That sections 317.08, 1515.02, 1515.15, and	14
1515.24 of the Revised Code be amended to read as follows:	15

Sec. 317.08.  Except as provided in division (F) of this	16
section, the county recorder shall keep six separate sets of	17
records as follows:	18

(A) A record of deeds, in which shall be recorded all deeds	19
and other instruments of writing for the absolute and	20
unconditional sale or conveyance of lands, tenements, and	21
hereditaments; all notices as provided for in sections 5301.47 to	22
5301.56 of the Revised Code; all judgments or decrees in actions	23
brought under section 5303.01 of the Revised Code; all	24
declarations and bylaws as provided for in Chapter 5311. of the	25
Revised Code; affidavits as provided for in section 5301.252 of	26
the Revised Code; all certificates as provided for in section	27
5311.17 of the Revised Code; all articles dedicating	28
archaeological preserves accepted by the director of the Ohio	29
historical society under section 149.52 of the Revised Code; all	30
articles dedicating nature preserves accepted by the director of	31
natural resources under section 1517.05 of the Revised Code; all	32
agreements for the registration of lands as archaeological or	33
historic landmarks under section 149.51 or 149.55 of the Revised	34
Code; all conveyances of conservation easements and agricultural	35
easements under section 5301.68 of the Revised Code; all	36
instruments extinguishing agricultural easements under section	37
901.21 or 5301.691 of the Revised Code or pursuant to terms of	38
such an easement granted to a charitable organization under	39
section 5301.68 of the Revised Code; all instruments or orders	40
described in division (B)(1)(c)(ii) of section 5301.56 of the	41
Revised Code; all no further action letters issued under section	42
122.654 or 3746.11 of the Revised Code; all covenants not to sue	43
issued under section 3746.12 of the Revised Code, including all	44
covenants not to sue issued pursuant to section 122.654 of the	45
Revised Code; any restrictions on the use of property contained in	46
a no further action letter issued under section 122.654 of the	47
Revised Code and, any restrictions on the use of property	48
identified pursuant to division (C)(3) of section 3746.10 of the	49
Revised Code, and any restrictions on the use of property	50
identified pursuant to rules adopted under division (B) of section	51
3737.882 of the Revised Code; all memoranda of trust, as described	52
in division (A) of section 5301.255 of the Revised Code, that	53
describe specific real property; and all agreements entered into	54
under division (A) of section 1521.26 of the Revised Code;	55

(B) A record of mortgages, in which shall be recorded all of	56
the following:	57

(1) All mortgages, including amendments, supplements,	58
modifications, and extensions of mortgages, or other instruments	59
of writing by which lands, tenements, or hereditaments are or may	60
be mortgaged or otherwise conditionally sold, conveyed, affected,	61
or encumbered;	62

(2) All executory installment contracts for the sale of land	63
executed after September 29, 1961, that by their terms are not	64
required to be fully performed by one or more of the parties to	65
them within one year of the date of the contracts;	66

(3) All options to purchase real estate, including	67
supplements, modifications, and amendments of the options, but no	68
option of that nature shall be recorded if it does not state a	69
specific day and year of expiration of its validity;	70

(4) Any tax certificate sold under section 5721.33 of the	71
Revised Code, or memorandum thereof, that is presented for filing	72
of record.	73

(C) A record of powers of attorney, including all memoranda	74
of trust, as described in division (A) of section 5301.255 of the	75
Revised Code, that do not describe specific real property;	76

(D) A record of plats, in which shall be recorded all plats	77
and maps of town lots, of the subdivision of town lots, and of	78
other divisions or surveys of lands, any center line survey of a	79
highway located within the county, the plat of which shall be	80
furnished by the director of transportation or county engineer,	81
and all drawings as provided for in Chapter 5311. of the Revised	82
Code;	83

(E) A record of leases, in which shall be recorded all	84
leases, memoranda of leases, and supplements, modifications, and	85
amendments of leases and memoranda of leases;	86

(F) A record of declarations executed pursuant to section	87
2133.02 of the Revised Code and durable powers of attorney for	88
health care executed pursuant to section 1337.12 of the Revised	89
Code.	90

All instruments or memoranda of instruments entitled to	91
record shall be recorded in the proper record in the order in	92
which they are presented for record. The recorder may index,	93
keep, and record in one volume unemployment compensation liens,	94
internal revenue tax liens and other liens in favor of the United	95
States as described in division (A) of section 317.09 of the	96
Revised Code, personal tax liens, mechanic's liens, agricultural	97
product liens, notices of liens, certificates of satisfaction or	98
partial release of estate tax liens, discharges of recognizances,	99
excise and franchise tax liens on corporations, broker's liens,	100
and liens provided for in sections 1513.33, 1513.37, 3752.13,	101
5111.021, and 5311.18 of the Revised Code.	102

The recording of an option to purchase real estate, including	103
any supplement, modification, and amendment of the option, under	104
this section shall serve as notice to any purchaser of an interest	105
in the real estate covered by the option only during the period of	106
the validity of the option as stated in the option.	107

(G) In lieu of keeping the six separate sets of records	108
required in divisions (A) to (F) of this section and the records	109
required in division (H) of this section, a county recorder may	110
record all the instruments required to be recorded by this section	111
in two separate sets of record books. One set shall be called the	112
"official records" and shall contain the instruments listed in	113
divisions (A), (B), (C), (E), (F), and (H) of this section. The	114
second set of records shall contain the instruments listed in	115
division (D) of this section.	116

(H) Except as provided in division (G) of this section, the	117
county recorder shall keep a separate set of records containing	118
all corrupt activity lien notices filed with the recorder pursuant	119
to section 2923.36 of the Revised Code and a separate set of	120
records containing all medicaid fraud lien notices filed with the	121
recorder pursuant to section 2933.75 of the Revised Code.	122

Sec. 1515.02.  There is hereby established in the department	123
of natural resources the Ohio soil and water conservation	124
commission. The commission shall consist of seven members of	125
equal status and authority, four of whom shall be appointed by the	126
governor with the advice and consent of the senate, and one of	127
whom shall be designated by resolution of the board of directors	128
of the Ohio federation of soil and water conservation districts.	129
The other two members shall be the director of agriculture and the	130
vice-president for agricultural administration of the Ohio state	131
university. The director of natural resources may participate in	132
the deliberations of the commission, but without the power to	133
vote. A vacancy in the office of an appointed member shall be	134
filled by the governor, with the advice and consent of the senate.	135
Any member appointed to fill a vacancy occurring prior to the	136
expiration of the term for which histhe member's predecessor was	137
appointed shall hold office for the remainder of suchthat term.	138
Of the appointed members, two shall be farmers and all shall be	139
persons who have a knowledge of or interest in the natural	140
resources of the state. Not more than two of the appointed	141
members shall be members of the same political party.	142

Terms of office of the member designated by the board of	143
directors of the federation and the members appointed by the	144
governor shall be for four years, commencing on the first day of	145
July and ending on the thirtieth day of June.	146

Each appointed member shall hold office from the date of his	147
appointment until the end of the term for which hethe member was	148
appointed. Any appointed member shall continue in office	149
subsequent to the expiration date of histhe member's term until	150
histhe member's successor takes office, or until a period of	151
sixty days has elapsed, whichever occurs first.	152

The commission shall organize by selecting from its members a	153
chairmanchairperson and a vice-chairmanvice-chairperson. The	154
commission shall hold at least one regular meeting in each quarter	155
of each calendar year and shall keep a record of its proceedings,	156
which shall be open to the public for inspection. Special	157
meetings may be called by the chairmanchairperson and shall be	158
called by himthe chairperson upon receipt of a written request	159
signed by two or more members of the commission. Written notice	160
of the time and place of each meeting shall be sent to each member	161
of the commission. A majority of the commission shall constitute	162
a quorum.	163

The commission may adopt rules as necessary to carry out the	164
purposes of Chapter 1515. of the Revised Codethis chapter,	165
subject to Chapter 119. of the Revised Code.	166

The governor may remove any appointed member of the	167
commission at any time for inefficiency, neglect of duty, or	168
malfeasance in office, after giving to the member a copy of the	169
charges against himthe member and an opportunity to be heard	170
publicly in person or by counsel in histhe member's defense. Any	171
such act of removal by the governor is final. A statement of the	172
findings of the governor, the reason for histhe governor's	173
action, and the answer, if any, of the member shall be filed by	174
the governor with the secretary of state and shall be open to	175
public inspection.	176

All members of the commission shall be reimbursed for the	177
necessary expenses incurred by them in the performance of their	178
duties as members.	179

Upon recommendation by the commission, the director of	180
natural resources shall designate an executive secretary and	181
provide staff necessary to carry out the powers and duties of the	182
commission. The commission may utilize the services of such staff	183
members in the college of agriculture of the Ohio state university	184
as may be agreed upon by the commission and the college.	185

The commission shall have the following duties and powersdo	186
all of the following:	187

(A) To determineDetermine distribution of funds under	188
section 1515.14 of the Revised Code, to recommend to the director	189
of natural resources and other agencies the levels of	190
appropriations to special funds established to assist soil and	191
water conservation districts, and to recommend the amount of	192
federal funds to be requested and policies for the use of such	193
funds in support of soil and water conservation district programs;	194

(B) To assistAssist in keeping the supervisors of soil and	195
water conservation districts informed of their powers and duties,	196
program opportunities, and the activities and experience of all	197
other districts, and to facilitate the interchange of advice,	198
experience, and cooperation between suchthe districts;	199

(C) To seekSeek the cooperation and assistance of the	200
federal government or any of its agencies, and of agencies of this	201
state, in the work of suchthe districts;	202

(D) To adoptAdopt appropriate rules governing the conduct of	203
referendums or elections provided for in Chapter 1515. of the	204
Revised Codethis chapter, subject to Chapter 119. of the Revised	205
Code, provided that only owners and occupiers of lands situated	206
within the boundaries of the districts or proposed districts to	207
which the referendums or elections apply shall be eligible to vote	208
in such referendums orthe elections;	209

(E) To recommendRecommend to the director of natural	210
resources priorities for planning and construction of small	211
watershed projects, and to make recommendations to the director of	212
natural resources concerning coordination of programs as proposed	213
and implemented in agreements with soil and water conservation	214
districts;	215

(F) To recommendRecommend to the director of natural	216
resources, the governor, and the general assembly programs and	217
legislation with respect to the operations of soil and water	218
conservation districts whichthat will encourage proper soil,	219
water, and other natural resource management and promote the	220
economic and social development of the state.	221

Sec. 1515.15.  A board of county commissioners may apply to	222
the Ohio soil and water conservation commission for an advance of	223
moneys from the soil and water conservation fund, which is hereby	224
created in the state treasury, to enable sucha soil and water	225
conservation district to pay all or part of the cost of surveys	226
and plans, appraisals, estimates of cost, land options, and other	227
incidental expenses of constructing works of improvement for a	228
soil and water conservationthe district. The commission shall	229
consider suchthe application and shall recommend an amount of	230
moneys reasonably needed for suchthat purpose.	231

The order of the commission recommending the amount of such	232
the moneys needed shall be certified to the controlling board. The	233
controlling board shall then determine the amount to be advanced	234
to the county and shall certify its action to the director of	235
budget and management for payment.	236

All such amounts received by any such district shall be	237
repaid by the board of county commissioners to the state	238
immediately upon the receipt by the board of funds from the sale	239
of bonds or from other sources whichthat may be used for that	240
purpose, or in such number of equal annual installments, not	241
exceeding five, and commencing at such time, as shall be specified	242
in the order of the commission.	243

Upon receipt of sufficient and satisfactory evidence that the	244
board and district have proceeded in good faith andIf an	245
unfavorable referendum or court decision has denied the work of	246
improvement, the controlling board, upon receipt of sufficient and	247
satisfactory evidence that the board and district have proceeded	248
in good faith and the recommendation of the commission, shall	249
relieve the board or district of its repayment obligation.	250

Sec. 1515.24. (A) Upon receipt of a certification made by	251
the supervisors of a soil and water conservation district pursuant	252
to section 1515.20 of the Revised Code, the board of county	253
commissioners may levy upon the property within the project area	254
an assessment at a uniform or varied rate based upon the benefit	255
to the area certified by the supervisors, as necessary to pay the	256
cost of construction of the improvement not otherwise funded and	257
to repay advances made for purposes of the improvement from the	258
fund created by section 1515.15 of the Revised Code. The board of	259
county commissioners shall direct the person or authority	260
preparing assessments to give primary consideration, in	261
determining a parcel's estimated assessments relating to the	262
disposal of water, to the potential increase in productivity that	263
the parcel may experience as a result of the improvement and also	264
to give consideration to the amount of water disposed of, the	265
location of the property relative to the project, the value of the	266
project to the watershed, and benefits as defined in section	267
6131.01 of the Revised Code. The part of the assessment that is	268
found to benefit state, county, or township roads or highways or	269
municipal streets shall be assessed against the state, county,	270
township, or municipal corporation, respectively, payable from	271
motor vehicle revenues. The part of the assessment that is found	272
to benefit property owned by any public corporation, any political	273
subdivision of the state, or the state shall be assessed against	274
the public corporation, the political subdivision, or the state	275
and shall be paid out of the general funds or motor vehicle	276
revenues of the public corporation, the political subdivision of	277
the state, or the state, except as otherwise provided by law.	278

(B) The assessment shall be certified to the county auditor	279
and by the county auditor to the county treasurer. The collection	280
of the assessment shall conform in all matters to Chapter 323. of	281
the Revised Code. Any	282

(C)Any land owned and managed by the department of natural	283
resources for wildlife, recreation, nature preserve, or forestry	284
purposes is exempt from assessments if the director of natural	285
resources determines that the land derives no benefit from the	286
improvement. In making such a determination, the director shall	287
consider the purposes for which the land is owned and managed and	288
any relevant articles of dedication or existing management plans	289
for the land. If the director determines that the land derives no	290
benefit from the improvement, the director shall notify the board	291
of county commissioners, within thirty days after receiving the	292
assessment notification required by this section, indicating that	293
the director has determined that the land is to be exempt and	294
explaining the specific reason for making this determination. The	295
board of county commissioners, within thirty days after receiving	296
the director's exemption notification, may appeal the	297
determination to the court of common pleas. If the court of	298
common pleas finds in favor of the board of county commissioners,	299
the department of natural resources shall pay all court costs and	300
legal fees.	301

If the assessment is to be made at a varied rate, the(D)(1)	302
The board shall give notice by first class mail to every public	303
and private property owner whose property is subject to	304
assessment, at the tax mailing or other known address of the	305
owner. The notice shall contain a statement of the amount to be	306
assessed against the property of the addressee, a description of	307
the method used to determine the necessity for and the amount of	308
the proposed assessment, and a statement that the addressee may	309
file an objection in writing at the office of the board of county	310
commissioners within thirty days after the mailing of notice. If	311
the residence of any owner cannot be ascertained, or if any mailed	312
notice is returned undelivered, the board shall publish the notice	313
to all such owners in a newspaper of general circulation within	314
the project area, at least once each week for three weeks, which	315
notice shall include the information contained in the mailed	316
notice, but shall state that the owner may file an objection in	317
writing at the office of the board of county commissioners within	318
thirty days after the last publication of the notice.	319

(2) Upon receipt of objections as provided in this section,	320
the board shall proceed within thirty days to hold a final hearing	321
on the objections by fixing a date and giving notice by first	322
class mail to the objectors at the address provided in filing the	323
objection. If any mailed notice is returned undelivered, the	324
board shall give due notice to the objectors in a newspaper of	325
general circulation in the project area, stating the time, place,	326
and purpose of the hearing. Upon hearing the objectors, the board	327
may amend and shall approve the final schedule of assessments by	328
journal entry.	329

(3) Any owner whose objection is not allowed may appeal	330
within thirty days to the court of common pleas of the county in	331
which the property is located.	332

(4) After final notice is provided by mail or publication,	333
or after the final disposition of an appeal in which the	334
imposition of assessments is upheld, the board of county	335
commissioners shall make an order approving the levying of the	336
assessment and proceed under section 6131.23 of the Revised Code.	337

(5) The county treasurer shall deposit the proceeds of the	338
assessment in the fund designated by the board and shall report to	339
the county auditor the amount of money from the assessment that is	340
collected by the treasurer. Moneys shall be expended from the	341
fund for purposes of the improvement.	342

(E) Any moneys collected in excess of the amount needed for	343
construction of the improvement and the subsequent first year's	344
maintenance may be maintained in a fund to be used for maintenance	345
of the improvement. In any year subsequent to a year in which an	346
assessment for construction of an improvement levied under this	347
section has been collected, and upon determination by the board of	348
county commissioners that funds are not otherwise available for	349
maintenance or repair of the improvement, the board shall levy on	350
the property within the project area an assessment for maintenance	351
at a uniform percentage of all construction costs based upon the	352
assessment schedule used in determining the construction	353
assessment. The assessment is not subject to the provisions	354
concerning notice and petition contained in this section 1515.25	355
of the Revised Code. An assessment for maintenance shall not be	356
levied in any year in which the unencumbered balance of funds	357
available for maintenance of the improvement exceeds twenty per	358
cent of the cost of construction of the improvement, except that	359
the board may adjust the level of assessment within the twenty per	360
cent limitation, or suspend temporarily the levying of an	361
assessment, for maintenance purposes as maintenance funds are	362
needed.	363

For the purpose of levying an assessment for maintenance of	364
an improvement, a board may use the procedures established in	365
Chapter 6137. of the Revised Code regarding maintenance of	366
improvements as defined in section 6131.01 of the Revised Code in	367
lieu of using the procedures established under this section.	368

(F) The board of county commissioners may issue bonds and	369
notes as authorized by section 131.23 or 133.17 of the Revised	370
Code.	371

Section 2.  That existing sections 317.08, 1515.02, 1515.15,	372
and 1515.24 and sections 1515.25, 1515.26, and 1515.27 of the	373
Revised Code are hereby repealed.	374