As Passed by the Senate

125th General Assembly
Regular Session
2003-2004
Sub. H. B. No. 323


REPRESENTATIVES Hoops, Wolpert, Daniels, Chandler, Cirelli, Collier, Domenick, C. Evans, Fessler, Flowers, Martin, McGregor, Olman, Price, Schlichter, Sferra, Skindell, Ujvagi, Wagner, Walcher, Allen, Aslanides, Barrett, Brown, Buehrer, Calvert, Carano, Carmichael, Combs, DeBose, DeGeeter, D. Evans, Gibbs, Gilb, Hagan, Hartnett, Harwood, Hughes, Jerse, Key, Latta, Miller, Niehaus, Otterman, S. Patton, T. Patton, Perry, Peterson, Reidelbach, Schmidt, Seaver, Seitz, Setzer, D. Stewart, Strahorn, Taylor, Webster, Widener, Wilson, Woodard

SENATORS Robert Gardner, Mumper, Zurz, Roberts, Harris, Schuler



A BILL
To amend sections 307.12, 505.10, and 3313.41 of the 1
Revised Code to allow boards of county 2
commissioners, boards of township trustees, and 3
school boards to donate certain personal property 4
to eligible nonprofit organizations located in 5
Ohio, to authorize the conveyance of certain 6
state-owned real estate in Columbiana County to 7
the East Liverpool Young Men's Christian 8
Association, and to authorize the Governor to 9
convey certain state-owned real estate located in 10
Wood County.11


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

       Section 1. That sections 307.12, 505.10, and 3313.41 of the 12
Revised Code be amended to read as follows:13

       Sec. 307.12.  (A) Except as otherwise provided in divisions14
(B), (C), and(D), (E), and (G) of this section, when the board of15
county commissioners finds, by resolution, that the county has16
personal property, including motor vehicles acquired for the use17
of county officers and departments, and road machinery, equipment,18
tools, or supplies, which is not needed for public use, or is19
obsolete, or is unfit for the use for which it was acquired, and 20
when the fair market value of the property to be sold or donated21
under this division is, in the opinion of the board, in excess of 22
two thousand five hundred dollars, the board may do either of the23
following:24

       (1) Sell the property at public auction or by sealed bid to25
the highest bidder. Notice of the time, place, and manner of the26
sale shall be published in a newspaper of general circulation in27
the county at least ten days prior to the sale, and a typewritten28
or printed notice of the time, place, and manner of the sale shall29
be posted at least ten days before the sale in the offices of the30
county auditor and the board of county commissioners.31

       If a board conducts a sale of property by sealed bid, the32
form of the bid shall be as prescribed by the board, and each bid33
shall contain the name of the person submitting it. Bids received34
shall be opened and tabulated at the time stated in the notice.35
The property shall be sold to the highest bidder, except that the36
board may reject all bids and hold another sale, by public auction37
or sealed bid, in the manner prescribed by this section.38

       (2) Donate any motor vehicle that does not exceed four39
thousand five hundred dollars in value to a nonprofit organization40
exempt from federal income taxation pursuant to 26 U.S.C. 501(a)41
and (c)(3) for the purpose of meeting the transportation needs of42
participants in the Ohio works first program established under43
Chapter 5107. of the Revised Code and participants in the44
prevention, retention, and contingency program established under45
Chapter 5108. of the Revised Code.46

       (B) When the board of county commissioners finds, by47
resolution, that the county has personal property, including motor48
vehicles acquired for the use of county officers and departments,49
and road machinery, equipment, tools, or supplies, which is not50
needed for public use, or is obsolete, or is unfit for the use for51
which it was acquired, and when the fair market value of the52
property to be sold or donated under this division is, in the53
opinion of the board, two thousand five hundred dollars or less,54
the board may selldo either of the following:55

       (1) Sell the property by private sale, without advertisement56
or public notification;57

       (2) Donate the property to an eligible nonprofit organization 58
that is located in this state and is exempt from federal income 59
taxation pursuant to 26 U.S.C. 501(a) and (c)(3). Before donating 60
any property under this division, the board shall adopt a 61
resolution expressing its intent to make unneeded, obsolete, or 62
unfit-for-use county personal property available to these 63
organizations. The resolution shall include guidelines and 64
procedures the board considers necessary to implement a donation 65
program under this division and shall indicate whether the county 66
will conduct the donation program or the board will contract with 67
a representative to conduct it. If a representative is known when68
the resolution is adopted, the resolution shall provide contact69
information such as the representative's name, address, and70
telephone number.71

       The resolution shall include within its procedures a72
requirement that any nonprofit organization desiring to obtain73
donated property under this division shall submit a written notice74
to the board or its representative. The written notice shall75
include evidence that the organization is a nonprofit organization 76
that is located in this state and is exempt from federal income 77
taxation pursuant to 26 U.S.C. 501(a) and (c)(3); a description of 78
the organization's primary purpose; a description of the type or 79
types of property the organization needs; and the name, address, 80
and telephone number of a person designated by the organization's 81
governing board to receive donated property and to serve as its 82
agent.83

       After adoption of the resolution, the board shall publish, in84
a newspaper of general circulation in the county, notice of its85
intent to donate unneeded, obsolete, or unfit-for-use county86
personal property to eligible nonprofit organizations. The notice87
shall include a summary of the information provided in the88
resolution and shall be published at least twice. The second and89
any subsequent notice shall be published not less than ten nor90
more than twenty days after the previous notice. A similar notice91
also shall be posted continually in a conspicuous place in the92
offices of the county auditor and the board of county93
commissioners, and, if the county maintains a web site on the94
internet, the notice shall be posted continually at that web site.95

       The board or its representative shall maintain a list of all96
nonprofit organizations that notify the board or its97
representative of their desire to obtain donated property under98
this division and that the board or its representative determines99
to be eligible, in accordance with the requirements set forth in 100
this section and in the donation program's guidelines and 101
procedures, to receive donated property.102

       The board or its representatives also shall maintain a list103
of all county personal property the board finds to be unneeded,104
obsolete, or unfit for use and to be available for donation under105
this division. The list shall be posted continually in a106
conspicuous location in the offices of the county auditor and the107
board of county commissioners, and, if the county maintains a web108
site on the internet, the list shall be posted continually at that109
web site. An item of property on the list shall be donated to the110
eligible nonprofit organization that first declares to the board111
or its representative its desire to obtain the item unless the112
board previously has established, by resolution, a list of113
eligible nonprofit organizations that shall be given priority with114
respect to the item's donation. Priority may be given on the basis 115
that the purposes of a nonprofit organization have a direct116
relationship to specific public purposes of programs provided or117
administered by the board. A resolution giving priority to certain 118
nonprofit organizations with respect to the donation of an item of 119
property shall specify the reasons why the organizations are given 120
that priority.121

       (C) Members of the board of county commissioners shall 122
consult with the Ohio ethics commission, and comply with the 123
provisions of Chapters 102. and 2921. of the Revised Code, with 124
respect to any sale or donation under division (A) or (B) of this 125
section to a nonprofit organization of which a county 126
commissioner, any member of the county commissioner's family, or 127
any business associate of the county commissioner is a trustee, 128
officer, board member, or employee.129

       (D) Notwithstanding anything to the contrary in division (A), 130
(B), or (C)(E) of this section and regardless of the property's 131
value, the board of county commissioners may sell or donate county132
personal property, including motor vehicles, to the federal133
government, the state, or any political subdivision of the state134
without advertisement or public notification.135

       (C)(E) Notwithstanding anything to the contrary in division136
(A), (B), or (E)(G) of this section and regardless of the137
property's value, the board of county commissioners may sell138
personal property, including motor vehicles acquired for the use139
of county officers and departments, and road machinery, equipment,140
tools, or supplies, which is not needed for public use, or is141
obsolete, or is unfit for the use for which it was acquired, by142
internet auction. The board shall adopt, during each calendar143
year, a resolution expressing its intent to sell that property by144
internet auction. The resolution shall include a description of145
how the auctions will be conducted and shall specify the number of146
days for bidding on the property, which shall be no less than147
fifteen days, including Saturdays, Sundays, and legal holidays.148
The resolution shall indicate whether the county will conduct the149
auction or the board will contract with a representative to150
conduct the auction and shall establish the general terms and151
conditions of sale. If a representative is known when the152
resolution is adopted, the resolution shall provide contact153
information such as the representative's name, address, and154
telephone number.155

       After adoption of the resolution, the board shall publish, in156
a newspaper of general circulation in the county, notice of its157
intent to sell unneeded, obsolete, or unfit-for-use county158
personal property by internet auction. The notice shall include a159
summary of the information provided in the resolution and shall be160
published at least twice. The second and any subsequent notice161
shall be published not less than ten nor more than twenty days162
after the previous notice. A similar notice also shall be posted163
continually throughout the calendar year in a conspicuous place in164
the offices of the county auditor and the board of county165
commissioners, and, if the county maintains a websiteweb site on166
the internet, the notice shall be posted continually throughout167
the calendar year at that websiteweb site.168

       When property is to be sold by internet auction, the board or169
its representative may establish a minimum price that will be170
accepted for specific items and may establish any other terms and171
conditions for the particular sale, including requirements for172
pick-up or delivery, method of payment, and sales tax. This type173
of information shall be provided on the internet at the time of174
the auction and may be provided before that time upon request175
after the terms and conditions have been determined by the board176
or its representative.177

       (D)(F) When a county officer or department head determines178
that county-owned personal property under the jurisdiction of the179
officer or department head, including motor vehicles, road180
machinery, equipment, tools, or supplies, is not of immediate181
need, the county officer or department head may notify the board182
of county commissioners, and the board may lease that personal183
property to any municipal corporation, township, or other184
political subdivision of the state. The lease shall require the185
county to be reimbursed under terms, conditions, and fees186
established by the board, or under contracts executed by the187
board.188

       (E)(G) If the board of county commissioners finds, by189
resolution, that the county has vehicles, equipment, or machinery190
which is not needed, or is unfit for public use, and the board191
desires to sell the vehicles, equipment, or machinery to the192
person or firm from which it proposes to purchase other vehicles,193
equipment, or machinery, the board may offer to sell the vehicles,194
equipment, or machinery to that person or firm, and to have the195
selling price credited to the person or firm against the purchase196
price of other vehicles, equipment, or machinery.197

       (F)(H) If the board of county commissioners advertises for198
bids for the sale of new vehicles, equipment, or machinery to the199
county, it may include in the same advertisement a notice of the200
willingness of the board to accept bids for the purchase of201
county-owned vehicles, equipment, or machinery which is obsolete202
or not needed for public use, and to have the amount of those bids 203
subtracted from the selling price of the other vehicles,204
equipment, or machinery as a means of determining the lowest205
responsible bidder.206

       (G)(I) If a board of county commissioners determines that207
county personal property is not needed for public use, or is208
obsolete or unfit for the use for which it was acquired, and that209
the property has no value, the board may discard or salvage that210
property.211

       (H)(J) As used in this section, "internet" means the212
international computer network of both federal and nonfederal213
interoperable packet switched data networks, including the214
graphical subnetwork called the world wide web.215

       Sec. 505.10. (A) The board of township trustees may accept, 216
on behalf of the township, the donation by bequest, devise, deed 217
of gift, or otherwise, of any real or personal property for any218
township use. When the township has property, including motor219
vehicles, road machinery, equipment, and tools, which the board,220
by resolution, finds is not needed for public use, is obsolete, or 221
is unfit for the use for which it was acquired, the board may sell 222
and convey that property or otherwise dispose of it in accordance 223
with this section. Except as otherwise provided in sections224
505.08, 505.101, and 505.102 of the Revised Code, the sale or225
other disposition of unneeded, obsolete, or unfit-for-use property 226
shall be made in accordance with one of the following:227

       (A)(1) If the fair market value of property to be sold is, in 228
the opinion of the board, in excess of two thousand five hundred229
dollars, the sale shall be by public auction or by sealed bid to 230
the highest bidder. The board shall publish notice of the time,231
place, and manner of the sale once a week for three weeks in a232
newspaper published, or of general circulation, in the township,233
the last of those publications to be at least five days before the 234
date of sale, and shall post a typewritten or printed notice of 235
the time, place, and manner of the sale in the office of the board 236
for at least ten days prior to the sale.237

       If the board conducts the sale of the property by sealed bid, 238
the form of the bid shall be as prescribed by the board, and each 239
bid shall contain the name of the person submitting it. Bids 240
received shall be opened and tabulated at the time stated in the 241
published and posted notices. The property shall be sold to the 242
highest bidder, except that the board may reject all bids and hold 243
another sale, by public auction or sealed bid, in the manner 244
prescribed by this section.245

       (2) If the fair market value of property to be sold is, in246
the opinion of the board, two thousand five hundred dollars or247
less, the board may selldo either of the following:248

       (a) Sell the property by private sale, without advertisement 249
or public notification;250

       (b) Donate the property to an eligible nonprofit organization 251
that is located in this state and is exempt from federal income 252
taxation pursuant to 26 U.S.C. 501(a) and (c)(3). Before donating 253
any property under this division, the board shall adopt a 254
resolution expressing its intent to make unneeded, obsolete, or 255
unfit-for-use township property available to these organizations. 256
The resolution shall include guidelines and procedures the board 257
considers to be necessary to implement the donation program and 258
shall indicate whether the township will conduct the donation 259
program or the board will contract with a representative to 260
conduct it. If a representative is known when the resolution is 261
adopted, the resolution shall provide contact information such as 262
the representative's name, address, and telephone number.263

       The resolution shall include within its procedures a264
requirement that any nonprofit organization desiring to obtain265
donated property under this division shall submit a written notice266
to the board or its representative. The written notice shall267
include evidence that the organization is a nonprofit organization 268
that is located in this state and is exempt from federal income 269
taxation pursuant to 26 U.S.C. 501(a) and (c)(3); a description of 270
the organization's primary purpose; a description of the type or 271
types of property the organization needs; and the name, address, 272
and telephone number of a person designated by the organization's 273
governing board to receive donated property and to serve as its 274
agent.275

       After adoption of the resolution, the board shall publish, in276
a newspaper of general circulation in the township, notice of its277
intent to donate unneeded, obsolete, or unfit-for-use township278
property to eligible nonprofit organizations. The notice shall279
include a summary of the information provided in the resolution280
and shall be published at least twice. The second and any281
subsequent notice shall be published not less than ten nor more282
than twenty days after the previous notice. A similar notice also283
shall be posted continually in the board's office, and, if the284
township maintains a web site on the internet, the notice shall be285
posted continually at that web site.286

       The board or its representatives shall maintain a list of all287
nonprofit organizations that notify the board or its288
representative of their desire to obtain donated property under289
this division and that the board or its representative determines290
to be eligible, in accordance with the requirements set forth in 291
this section and in the donation program's guidelines and 292
procedures, to receive donated property.293

       The board or its representative also shall maintain a list of294
all township property the board finds to be unneeded, obsolete, or295
unfit for use and to be available for donation under this296
division. The list shall be posted continually in a conspicuous297
location in the board's office, and, if the township maintains a298
web site on the internet, the list shall be posted continually at299
that web site. An item of property on the list shall be donated to 300
the eligible nonprofit organization that first declares to the301
board or its representative its desire to obtain the item unless302
the board previously has established, by resolution, a list of303
eligible nonprofit organizations that shall be given priority with304
respect to the item's donation. Priority may be given on the basis 305
that the purposes of a nonprofit organization have a direct306
relationship to specific public purposes of programs provided or307
administered by the board. A resolution giving priority to certain 308
nonprofit organizations with respect to the donation of an item of 309
property shall specify the reasons why the organizations are given 310
that priority.311

       (3) If the board finds, by resolution, that the township has312
motor vehicles, road machinery, equipment, or tools which are not313
needed or are unfit for public use, and the board wishes to sell 314
the motor vehicles, road machinery, equipment, or tools to the315
person or firm from which it proposes to purchase other motor316
vehicles, road machinery, equipment, or tools, the board may offer317
to sell the motor vehicles, road machinery, equipment, or tools to 318
that person or firm, and to have the selling price credited to the 319
person or firm against the purchase price of other motor vehicles, 320
road machinery, equipment, or tools.321

       (4) If the board advertises for bids for the sale of new322
motor vehicles, road machinery, equipment, or tools to the323
township, it may include in the same advertisement a notice of the324
willingness of the board to accept bids for the purchase of325
township-owned motor vehicles, road machinery, equipment, or tools326
which are obsolete or not needed for public use, and to have the327
amount of those bids subtracted from the selling price of the new328
motor vehicles, road machinery, equipment, or tools, as a means of329
determining the lowest responsible bidder.330

       (5) When a township has title to real property, the board of331
township trustees, by resolution, may authorize the transfer and332
conveyance of that property to any other political subdivision of333
the state upon such terms as are agreed to between the board and334
the legislative authority of that political subdivision.335

       (6) When a township has title to real property and the board336
of township trustees wishes to sell or otherwise transfer the337
property, the board, upon a unanimous vote of its members and by338
resolution, may authorize the transfer and conveyance of that real339
property to any person upon whatever terms are agreed to between340
the board and that person.341

       (7) If the board of township trustees determines that342
township personal property is not needed for public use, or is343
obsolete or unfit for the use for which it was acquired, and that344
the property has no value, the board may discard or salvage that345
property.346

       (B) When the board has offered property at public auction347
under this section and has not received an acceptable offer, the348
board, by resolution, may enter into a contract, without349
advertising or bidding, for the sale of that property. The350
resolution shall specify a minimum acceptable price and the351
minimum acceptable terms for the contract. The minimum acceptable352
price shall not be lower than the minimum price established for353
the public auction.354

       (C) Members of the board shall consult with the Ohio ethics 355
commission and comply with the provisions of Chapters 102. and 356
2921. of the Revised Code, with respect to any sale or donation 357
under division (A)(2) of this section to a nonprofit organization 358
of which a township trustee, any member of the township trustee's 359
family, or any business associate of the township trustee is a 360
trustee, officer, board member, or employee.361

       (D) Notwithstanding anything to the contrary in division (A)362
or (B) of this section and regardless of the property's value, the363
board may sell personal property, including motor vehicles, road 364
machinery, equipment, tools, or supplies, which is not needed for 365
public use, or is obsolete, or is unfit for the use for which it 366
was acquired, by internet auction. The board shall adopt, during 367
each calendar year, a resolution expressing its intent to sell 368
that property by internet auction. The resolution shall include a 369
description of how the auctions will be conducted and shall 370
specify the number of days for bidding on the property, which 371
shall be no less than fifteen days, including Saturdays, Sundays, 372
and legal holidays. The resolution shall indicate whether the 373
township will conduct the auction or the board will contract with 374
a representative to conduct the auction and shall establish the 375
general terms and conditions of sale. If a representative is known 376
when the resolution is adopted, the resolution shall provide 377
contact information such as the representative's name, address, 378
and telephone number.379

       After adoption of the resolution, the board shall publish, in380
a newspaper of general circulation in the township, notice of its381
intent to sell unneeded, obsolete, or unfit-for-use township 382
personal property by internet auction. The notice shall include a383
summary of the information provided in the resolution and shall be384
published at least twice. The second and any subsequent notice385
shall be published not less than ten nor more than twenty days386
after the previous notice. A clerk also shall post a similar387
notice also shall be posted continually throughout the calendar 388
year in a conspicuous place in the board's office, and, if the 389
township maintains a web site on the internet, the notice shall be 390
posted continually throughout the calendar year at that web site.391

       When property is to be sold by internet auction, the board or392
its representative may establish a minimum price that will be393
accepted for specific items and may establish any other terms and394
conditions for the particular sale, including requirements for395
pick-up or delivery, method of payment, and sales tax. This type396
of information shall be provided on the internet at the time of397
the auction and may be provided before that time upon request398
after the terms and conditions have been determined by the board399
or its representative.400

       As used in this section, "internet" means the international401
computer network of both federal and nonfederal interoperable402
packet switched data networks, including the graphical subnetwork403
called the world wide web.404

       Sec. 3313.41.  (A) Except as provided in divisions (C), (D),405
(F), and (G) of this section, when a board of education decides to406
dispose of real or personal property that it owns in its corporate407
capacity, and that exceeds in value ten thousand dollars, it shall408
sell the property at public auction, after giving at least thirty409
days' notice of the auction by publication in a newspaper of410
general circulation or by posting notices in five of the most411
public places in the school district in which the property, if it412
is real property, is situated, or, if it is personal property, in413
the school district of the board of education that owns the414
property. The board may offer real property for sale as an entire415
tract or in parcels.416

       (B) When the board of education has offered real or personal417
property for sale at public auction at least once pursuant to418
division (A) of this section, and the property has not been sold,419
the board may sell it at a private sale. Regardless of how it was420
offered at public auction, at a private sale, the board shall, as421
it considers best, sell real property as an entire tract or in422
parcels, and personal property in a single lot or in several lots.423

       (C) If a board of education decides to dispose of real or424
personal property that it owns in its corporate capacity and that425
exceeds in value ten thousand dollars, it may sell the property to426
the adjutant general; to any subdivision or taxing authority as427
respectively defined in divisions (A) and (C) of section 5705.01428
of the Revised Code, township park district, board of park429
commissioners established under Chapter 755. of the Revised Code,430
or park district established under Chapter 1545. of the Revised431
Code; to a wholly or partially tax-supported university,432
university branch, or college; or to the board of trustees of a433
school district library, upon such terms as are agreed upon. The434
sale of real or personal property to the board of trustees of a435
school district library is limited, in the case of real property,436
to a school district library within whose boundaries the real437
property is situated, or, in the case of personal property, to a438
school district library whose boundaries lie in whole or in part439
within the school district of the selling board of education.440

       (D) When a board of education decides to trade as a part or441
an entire consideration, an item of personal property on the442
purchase price of an item of similar personal property, it may443
trade the same upon such terms as are agreed upon by the parties444
to the trade.445

       (E) The president and the treasurer of the board of education 446
shall execute and deliver deeds or other necessary instruments of 447
conveyance to complete any sale or trade under this section.448

       (F) When a board of education has identified a parcel of real449
property that it determines is needed for school purposes, the450
board may, upon a majority vote of the members of the board,451
acquire that property by exchanging real property that the board452
owns in its corporate capacity for the identified real property or453
by using real property that the board owns in its corporate454
capacity as part or an entire consideration for the purchase price455
of the identified real property. Any exchange or acquisition made456
pursuant to this division shall be made by a conveyance executed457
by the president and the treasurer of the board.458

       (G) When a school district board of education decides to459
dispose of real property suitable for use as classroom space,460
prior to disposing of suchthat property under divisiondivisions461
(A) throughto (F) of this section, it shall first offer that 462
property for sale to the governing authorities of the start-up 463
community schools, established under Chapter 3314. of the Revised 464
Code and located within the territory of the school district, at a 465
price that is not higher than the appraised fair market value of 466
that property. If more than one community school governing 467
authority accepts the offer made by the school district board, the 468
board shall sell the property to the governing authority that 469
accepted the offer first in time. If no community school governing 470
authority accepts the offer within sixty days after the offer is 471
made by the school district board, the board may dispose of the 472
property in the applicable manner prescribed under divisions (A) 473
to (F) of this section.474

       (H) When a school district board of education has property 475
that the board, by resolution, finds is not needed for school 476
district use, is obsolete, or is unfit for the use for which it 477
was acquired, the board may donate that property in accordance 478
with this division if the fair market value of the property is, in 479
the opinion of the board, two thousand five hundred dollars or 480
less.481

        The property may be donated to an eligible nonprofit 482
organization that is located in this state and is exempt from 483
federal income taxation pursuant to 26 U.S.C. 501(a) and (c)(3). 484
Before donating any property under this division, the board shall 485
adopt a resolution expressing its intent to make unneeded, 486
obsolete, or unfit-for-use school district property available to 487
these organizations. The resolution shall include guidelines and 488
procedures the board considers to be necessary to implement the 489
donation program and shall indicate whether the school district 490
will conduct the donation program or the board will contract with 491
a representative to conduct it. If a representative is known when 492
the resolution is adopted, the resolution shall provide contact 493
information such as the representative's name, address, and 494
telephone number.495

       The resolution shall include within its procedures a496
requirement that any nonprofit organization desiring to obtain497
donated property under this division shall submit a written notice498
to the board or its representative. The written notice shall499
include evidence that the organization is a nonprofit organization 500
that is located in this state and is exempt from federal income 501
taxation pursuant to 26 U.S.C. 501(a) and (c)(3); a description of 502
the organization's primary purpose; a description of the type or 503
types of property the organization needs; and the name, address, 504
and telephone number of a person designated by the organization's 505
governing board to receive donated property and to serve as its 506
agent.507

       After adoption of the resolution, the board shall publish, in508
a newspaper of general circulation in the school district, notice 509
of its intent to donate unneeded, obsolete, or unfit-for-use 510
school district property to eligible nonprofit organizations. The 511
notice shall include a summary of the information provided in the 512
resolution and shall be published at least twice. The second and 513
any subsequent notice shall be published not less than ten nor 514
more than twenty days after the previous notice. A similar notice 515
also shall be posted continually in the board's office, and, if 516
the school district maintains a web site on the internet, the 517
notice shall be posted continually at that web site.518

       The board or its representatives shall maintain a list of all519
nonprofit organizations that notify the board or its520
representative of their desire to obtain donated property under521
this division and that the board or its representative determines522
to be eligible, in accordance with the requirements set forth in 523
this section and in the donation program's guidelines and 524
procedures, to receive donated property.525

       The board or its representative also shall maintain a list of526
all school district property the board finds to be unneeded, 527
obsolete, or unfit for use and to be available for donation under 528
this division. The list shall be posted continually in a 529
conspicuous location in the board's office, and, if the school 530
district maintains a web site on the internet, the list shall be 531
posted continually at that web site. An item of property on the 532
list shall be donated to the eligible nonprofit organization that 533
first declares to the board or its representative its desire to 534
obtain the item unless the board previously has established, by 535
resolution, a list of eligible nonprofit organizations that shall 536
be given priority with respect to the item's donation. Priority 537
may be given on the basis that the purposes of a nonprofit 538
organization have a direct relationship to specific school 539
district purposes of programs provided or administered by the 540
board. A resolution giving priority to certain nonprofit 541
organizations with respect to the donation of an item of property 542
shall specify the reasons why the organizations are given that 543
priority.544

       Members of the board shall consult with the Ohio ethics 545
commission, and comply with Chapters 102. and 2921. of the Revised 546
Code, with respect to any donation under this division to a 547
nonprofit organization of which a board member, any member of a 548
board member's family, or any business associate of a board member 549
is a trustee, officer, board member, or employee.550

       Section 2. That existing sections 307.12, 505.10, and 3313.41 551
of the Revised Code are hereby repealed.552

       Section 3.  (A) The Governor is hereby authorized to execute 553
a deed in the name of the state conveying to the East Liverpool 554
Young Men's Christian Association, and its successors and assigns, 555
all of the state's right, title, and interest in the following 556
described real estate:557

       Situated in the City of East Liverpool, County of Columbiana 558
and State of Ohio and known as being permanent parcel number 559
37-50128. More specifically described as:560

       Known as and being Lot Number One (1) in the Replat of Lots 561
#273, 274, 275, 276, 277, 278, 279, 306, 307, 308, 309, 310, 311, 562
& 312 and their corresponding vacated portions of Grove and High 563
Alley's of the Addition of Smith, Cook, Robinson, Blakeley, 564
Mansley, and Mitchell to East Liverpool, being a part of the City 565
of East Liverpool, Columbiana County, State of Ohio.566

       Said Replat being recorded in Plat Book 21, page 076 in the 567
Columbiana County Recorder's record of Plats.568

       Said lot being more accurately described as follows:569

       Situated in the City of East Liverpool, County of Columbiana, 570
and State of Ohio:571

       Known as and being part of lots #278 & 307 and all lots #273, 572
274, 275, 276, 277, 308, 309, 310, 311, 312 of the Cook, Robinson, 573
Blakely, Mansley & Mitchell Addition to the City of East 574
Liverpool, as said addition is recorded in Deed Book 24, Page 430 575
at the Columbiana County Recorder's Office and also those portions 576
of the vacated Grove and High Alley's adjacent to said lots and 577
more fully described as follows:578

       BEGINNING at the northwesterly corner of said lot #273 at the 579
intersection of the easterly right-of-way of Walnut Street and the 580
southerly right-of-way of East Fourth Street;581

       Thence North 76 degrees 24 minutes 14 seconds East, along 582
said southerly right-of-way, a distance of 234.97 feet to the 583
northeasterly corner of said lot #312 and the westerly 584
right-of-way of College Street;585

       Thence South 13 degrees 41 minutes 46 seconds East, along 586
said westerly right-of-way, a distance of 188.46 feet to an iron 587
pin set on the easterly boundary of said lot #307; 588

       Thence South 76 degrees 24 minutes 14 seconds West, through 589
the lands of the grantor, a distance of 124.30 feet to an iron pin 590
set in the vacated Grove Alley;591

       Thence South 13 degrees 41 minutes 46 seconds East, 592
continuing through the lands of the grantor, a distance of 9.70 593
feet to an iron pin set in the vacated Grove Alley;594

       Thence South 76 degrees 24 minutes 14 seconds West a distance 595
of 110.67 feet to an iron pin set on the westerly boundary of said 596
lot #278 and the aforesaid easterly right-of-way of Walnut Street;597

       Thence North 13 degrees 41 minutes 46 seconds West, along 598
said easterly right-of-way, a distance of 198.16 feet to the place 599
of beginning;600

       Containing in area 1.041 acres more or less, but subject to 601
all legal highways and right-of-ways.602

       Description prepared and based on a survey by Dallis Dawson & 603
Associates, dated November 14, 2003, Drawing No. L-28-2003.604

       Prior deed references: O.R.V. 847/Page 751 & D.V. 1433/Page 605
46.606

       Note: All iron pins set are 5/8" diameter by 30" length steel 607
rebar w/cap marked P.S. #7787.608

       (B) Consideration for the conveyance of the real estate 609
described in division (A) of this section is the conveyance from 610
the East Liverpool Young Men's Christian Association to the state 611
and its successors and assigns of the following described real 612
estate or other similar real estate acceptable to Kent State 613
University:614

       Situated in the City of East Liverpool, County of Columbiana 615
and State of Ohio, and known as being permanent parcel numbers 616
37-08568, 37-05101, 37-02435, 37-09497, and 37-06065.000.617

       (C) Kent State University and the East Liverpool Area Young 618
Men's Christian Association shall pay the costs of the conveyances 619
described in divisions (A) and (B) of this section.620

       (D) The real estate described or referred to in division (B) 621
of this section that is conveyed to the state shall be for the use 622
and benefit of Kent State University.623

       (E) Upon the conveyance to the state of the real estate 624
described or referred to in division (B) of this section, the 625
Auditor of State, with the assistance of the Attorney General, 626
shall prepare a deed to the real estate described in division (A) 627
of this section. The deed shall state the consideration. The deed 628
shall be executed by the Governor in the name of the state, 629
countersigned by the Secretary of State, sealed with the Great 630
Seal of the State, presented in the Office of the Auditor of State 631
for recording, and delivered to the East Liverpool Young Men's 632
Christian Association. The East Liverpool Young Men's Christian 633
Association shall present the deed for recording in the Office of 634
the Columbiana County Recorder.635

       (F) This section shall expire one year after its effective 636
date.637

       Section 4.  (A) The Governor is hereby authorized to execute 638
a deed in the name of the state conveying to the purchaser, and 639
the purchaser's heirs and assigns or successors and assigns, all 640
of the state's right, title, and interest in the following 641
described real estate:642

       Inlots numbers 4560, 4561, and 4562 in University Heights, an 643
addition to the City of Bowling Green, Wood County, Ohio.644

       (B) The consideration for the real estate described in 645
division (A) of this section shall be a purchase price acceptable 646
to the Board of Trustees of Bowling Green State University 647
following a survey by a licensed surveyor, if necessary, and an 648
appraisal by one or more disinterested persons.649

       (C) Upon payment of the purchase price by the purchaser, the 650
Auditor of State, with the assistance of the Attorney General, 651
shall prepare a deed to the real estate described in division (A) 652
of this section. The deed shall state the consideration. The deed 653
shall be executed by the Governor in the name of the state, 654
countersigned by the Secretary of State, sealed with the Great 655
Seal of the State, presented in the office of the Auditor of State 656
for recording, and delivered to the purchaser. The purchaser shall 657
present the deed for recording in the office of the Wood County 658
Recorder.659

       (D) Advertising costs, appraisal fees, and all other costs of 660
the sale of the real estate described in division (A) of this 661
section shall be paid by the Board of Trustees of Bowling Green 662
State University unless otherwise specified in the contract of 663
sale.664

       (E) The net proceeds of the sale of the real estate described 665
in division (A) of this section shall be paid to Bowling Green 666
State University and deposited in University accounts for purposes 667
to be determined by the Board of Trustees of Bowling Green State 668
University.669

       (F) This section shall expire five years after its effective 670
date.671