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As Passed by the House
122nd General Assembly
Regular Session
1997-1998 | Sub. S. B. No. 7 |
SENATORS KEARNS-BLESSING-FINAN-LATTA-GAETH-McLIN-
REPRESENTATIVES GARCIA-BRITTON-JAMES-REID-LEWIS-SCHULER
A BILL
To amend section 149.331 of the
Revised Code and to amend Section 139 of Am. Sub. H.B.
117 of the 121st
General Assembly to provide for the transfer of records of
the Ohio Veterans'
Children's Home to appropriate archival institutions; to
authorize the conveyance of state-owned land in Greene County known
as the Ohio Veterans' Children's Home to the
Board of County Commissioners of
Greene County; to provide that the proceeds of the sale of
the Ohio Veterans'
Children's Home be deposited into Fund 4Z0, the
Veterans' Plaza Fund; to make other provisions to effect the
sale of the Ohio Veterans' Children's Home;
and to declare an
emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section
149.331 of the Revised Code be amended to read as follows:
Sec. 149.331. The state record administration
program of the department of administrative services shall do all of the
following:
(A) Establish and promulgate in consultation with the
state archivist, standards, procedures, and techniques for the
effective management of state records;
(B) Make continuing surveys of record-keeping operations
and recommend improvements in current records management
practices including the use of space, equipment, and supplies
employed in creating, maintaining, storing, and servicing
records;
(C) Establish and operate such state records centers and
auxiliary facilities as may be authorized by appropriation and
provide such related services as are deemed necessary for the
preservation, screening, storage, and servicing of state records
pending disposition;
(D) Review applications for one-time records disposal and
schedules of records retention and destruction submitted by state
agencies in accordance with section 149.333 of the Revised Code;
(E) Establish "general schedules" proposing the disposal,
after the lapse of specified periods of time, of records of
specified form or character common to several or all agencies
that either have accumulated or may accumulate in such agencies
and that apparently will not, after the lapse of the periods
specified, have sufficient administrative, legal, fiscal, or
other value to warrant their further preservation by the state;
(F) Establish and maintain a records management training
program for personnel involved in record-making and
record-keeping functions of departments, offices, and
institutions;
(G) Obtain reports from departments, offices, and
institutions necessary for the effective administration of the
program;
(H) Provide for the disposition of any remaining records
of any state agency, board, or commission, whether in the
executive, judicial, or legislative branch of government, that
has terminated its operations. After the closing of the
Ohio veterans' children's home, the
resident and administrative records of the home and the resident and
administrative records of the home when it was known as the soldiers'
and sailors' orphans' home required to be maintained by approved records
retention schedules shall be administered by the state department of education
pursuant to this chapter, THE ADMINISTRATIVE RECORDS OF THE HOME REQUIRED
TO BE MAINTAINED BY APPROVED RECORDS RETENTION SCHEDULES SHALL BE ADMINISTERED
BY THE DEPARTMENT OF ADMINISTRATIVE SERVICES PURSUANT TO THIS
CHAPTER, and historical records of the home shall be
transferred to an appropriate archival institution in this state prescribed by
the state record administration program.
(I) Establish a centralized program coordinating
micrographics standards, training, and services for the benefit
of all state agencies;
(J) Establish and publish in accordance with the
applicable law necessary procedures and rules for the retention
and disposal of state records.
This section does not apply to the records of
state-supported institutions of higher education, which shall
keep their own records.
Section 2. That existing section 149.331 of the Revised Code is hereby
repealed.
Section 3. (A) The Governor is hereby authorized to execute a deed in the
name of the state conveying to the Board of County Commissioners of Greene
County and its successors and assigns
all of the state's right, title, and interest in real estate located in Greene
County, consisting of approximately 440 acres and the buildings, structures,
improvements, and other facilities erected thereon, known as
the Ohio Veterans' Children's Home.
(B)(1) The conveyance of the real estate described in division (A) of this
section shall be subject to the lease that the Director of
Administrative Services entered into with the Association of Ex-Pupils of the
Ohio Veterans' Children's Home pursuant to division (E) of Section 166 of Am.
Sub. H.B. 117 of the 121st General Assembly and that was recorded in Volume
1018, Page 79, of the Official Records of Greene County.
(2) The conveyance of the real estate described in division (A) of this
section shall be subject to any easements, rights-of-way, and restrictions of
record.
(3) The Board of County Commissioners of Greene County shall be responsible
for any recordation work or expense subsequent to recording the deed of
consolidation prepared pursuant to division (E) of this section.
(C) The consideration for the conveyance of the real estate described in
division (A) of this section is a purchase price of $1,307,868, to be paid in
three annual installments of $435,956.
(D) The proceeds of the conveyance shall be
deposited into the State Treasury to the credit of Fund 4Z0, the Veterans'
Plaza Fund, created in Section 139 of Am. Sub. H.B. 117 of the 121st General
Assembly.
(E) Upon receipt of the first annual installment of $435,956 paid pursuant to
division (C) of this section, the Auditor of State, with the assistance of the
Attorney General, shall prepare a deed of consolidation with respect to the
real estate
described in division (A) of this section that is based on the current
recorded deeds to the real estate. The deed of consolidation shall state the
consideration and shall state that the conveyance is subject to a
lease of properties as specified in division (E) of Section 166 of Am. Sub.
H.B. 117 of the 121st General Assembly to the Association of Ex-Pupils of the
Ohio Veterans' Children's Home, to the conditions described in divisions
(B)(2) and (3) of this section, and to the requirements of Section 5 of this
act. The deed of consolidation shall be executed by the Governor in
the name of the state, countersigned by the Secretary of State, sealed with
the Great Seal of the State, presented in the Office of the Auditor of State
for recording, and delivered to the Board of County Commissioners of Greene
County. The Board of County Commissioners of Greene County shall present the
deed for recording in the Office of the Greene County Recorder.
Section 4. Notwithstanding section 126.29 of the Revised Code, at any time
on or after
the later of July 1, 1997, or the first day of the first pay period commencing
after the effective date of this section, the Department of Administrative
Services shall assume the business and financial functions of the Ohio
Veterans' Children's Home.
Any business commenced but not completed by the Home that relates to the
closing and disposal of property of the Home shall be completed by the
Department. Any contract or other document that refers to the Home shall be
deemed to be a reference to the Department. The Department shall assume all
responsibility related to the layoff of employees and the final disbursement
of wages and salaries.
No action or proceeding pending on the effective date of this section and
relating to the Home is affected by this transfer, and all actions and
proceedings of that nature shall be prosecuted or defended in the name of the
Department. In
all actions and proceedings of that nature, the Department shall
be substituted as a party upon application by the appropriate entity to the
court or other appropriate tribunal.
The cancellation and reissuance of encumbrances and funds and any other
actions necessary to implement this section are hereby authorized.
Administrative records of the Home and the remaining property at the Home
shall be transferred to the Department.
Upon completion of all business functions, but not later than 180 days after
the effective date of this section, the Department shall request the Auditor
of State to conduct a final audit of the Home.
Section 5. (A) Notwithstanding sections 125.12 and 125.13
of the Revised Code, each of the following items of historic or
symbolic significance at the Ohio Veterans' Children's Home shall be
transferred to the Ex-Pupils
Association of the Ohio Veterans' Children's Home if the
Home ceases to exist as a facility for
children and families and the grounds of the Home are renovated
or refurbished so that any of the following occur to that item:
(1) The signs, graystone main entrance, and canons mounted
on the grounds of the Home are removed.
(2) The power plant whistle is dismantled so it cannot be heard
throughout the city of Xenia.
(3) Buildings are razed, converted, or destroyed so that
building names, plaques, and other memorial mountings are
destroyed or removed from their present site.
(4) The cornerstone of the Academic Building is opened.
(5) The top of the flag pole is removed.
(B) The items described in division (A) of this section shall
be transferred to the Association of Ex-Pupils at no cost, for
placement in its Museum. If the Association ceases to exist or
operate the Museum, these items shall be offered to the Greene
County Historical Society. If the Society declines to accept
any item described in division (A) of this section, the item shall be offered
to the Ohio
Historical Society. If the Ohio Historical Society declines to
accept any item described in division (A) of this section, the item shall be
offered to the Ohio
Veterans' Home. If the Ohio Veterans' Home declines to accept
any item described in division (A) of this section, the item is subject to
sections 125.12 and
125.13 of the Revised Code. All offerings of items to the
Greene County Historical Society, Ohio Historical
Society, or Ohio Veterans' Home shall be accepted or declined
not later than 90 days after the date the item is offered.
(C) Notwithstanding sections 125.12 and 125.13 of the Revised
Code, if the Ohio Veterans' Children's Home is sold or
transferred, all remaining property, including moveable and
fixed assets, shall be transferred in place on the date of
transfer of the facility to the party that by law will take
physical possession of the property. Prior to this transfer,
only chattel property at the Home may be transferred to other
state agencies or to the Division of State Surplus Property in
the Department of Administrative Services.
Section 6. That Section 139 of Am. Sub. H.B. 117 of the 121st General
Assembly be amended to read as follows:
"Sec. 139. Veterans' Plaza
Upon the sale of the Ohio Veterans' Children's Home, $1,000,000 of the
proceeds OF THE SALE shall be deposited to Fund 4Z0, Veterans' Plaza
Fund, which is hereby
created. These funds shall serve as repayment for the expenses incurred by
the construction of the Veterans' Plaza."
Section 7. That existing Section 139 of Am. Sub. H.B. 117 of the 121st
General Assembly is hereby repealed.
Section 8. Section 3 of this act expires two years after the effective date of
Sub. S.B. 7 of the 122nd General Assembly.
Section 9. This act is hereby declared to be an emergency measure necessary
for the immediate preservation of the public peace, health, and safety. The
reason for such necessity is to permit the Board of County Commissioners of
Greene County to implement at the earliest possible time programs providing
children and family services on the real estate described in division (A) of
Section 3 of this act. Therefore, this act shall go into immediate effect.
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