To amend section 1901.34 of the Revised Code to authorize the Greene County prosecuting attorney to prosecute state law violation cases arising in specified townships within the jurisdiction of the Fairborn and Xenia Municipal Courts, to amend section 3506.19 of the Revised Code to permit the use of a marking device that is accessible for individuals with disabilities instead of a direct recording electronic voting machine required for such individuals at each polling location, to authorize the conveyance of state-owned real estate in Stark County to the City of Massillon, in Warren County to Cincinnati Gas and Electric Company, in Brown County to a purchaser to be determined, in Franklin County to the Columbus Board of Education, and in Clark County to a purchaser to be determined, and to declare an emergency.

SECTION 1. That sections 1901.34 and 3506.19 of the Revised Code be amended to read as follows:

Sec. 1901.34.  (A) Except as provided in divisions (B) and (D) of this section, the village solicitor, city director of law, or similar chief legal officer for each municipal corporation within the territory of a municipal court shall prosecute all cases brought before the municipal court for criminal offenses occurring within the municipal corporation for which that person is the solicitor, director of law, or similar chief legal officer. Except as provided in division (B) of this section, the village solicitor, city director of law, or similar chief legal officer of the municipal corporation in which a municipal court is located shall prosecute all criminal cases brought before the court arising in the unincorporated areas within the territory of the municipal court.

(B) The Auglaize county, Brown county, Clermont county, Hocking county, Jackson county, Morrow county, Ottawa county, and Portage county prosecuting attorneys shall prosecute in municipal court all violations of state law arising in their respective counties. The Crawford county, Hamilton county, Madison county, and Wayne county prosecuting attorneys shall prosecute all violations of state law arising within the unincorporated areas of their respective counties. The Columbiana county prosecuting attorney shall prosecute in the Columbiana county municipal court all violations of state law arising in the county, except for violations arising in the municipal corporation of East Liverpool, Liverpool township, or St. Clair township. The Darke county prosecuting attorney shall prosecute in the Darke county municipal court all violations of state law arising in the county, except for violations of state law arising in the municipal corporation of Greenville and violations of state law arising in the village of Versailles. The Greene county prosecuting attorney may, with the concurrence of the Greene county board of county commissioners, prosecute in the Fairborn municipal court all violations of state law arising within the unincorporated areas of Bath and Beavercreek townships in Greene county and prosecute in the Xenia municipal court all violations of state law arising within the unincorporated areas of Ceasarcreek, Cedarville, Jefferson, Miami, New Jasper, Ross, Silvercreek, Spring Valley, Sugarcreek, and Xenia townships in Greene county.

The prosecuting attorney of any county given the duty of prosecuting in municipal court violations of state law shall receive no additional compensation for assuming these additional duties, except that the prosecuting attorney of Hamilton, Portage, and Wayne counties shall receive compensation at the rate of four thousand eight hundred dollars per year, and the prosecuting attorney of Auglaize county shall receive compensation at the rate of one thousand eight hundred dollars per year, each payable from the county treasury of the respective counties in semimonthly installments.

(C) The village solicitor, city director of law, or similar chief legal officer shall perform the same duties, insofar as they are applicable to the village solicitor, city director of law, or similar chief legal officer, as are required of the prosecuting attorney of the county. The village solicitor, city director of law, similar chief legal officer or any assistants who may be appointed shall receive for such services additional compensation to be paid from the treasury of the county as the board of county commissioners prescribes.

(D) The prosecuting attorney of any county, other than Auglaize, Brown, Clermont, Hocking, Jackson, Morrow, Ottawa, or Portage county, may enter into an agreement with any municipal corporation in the county in which the prosecuting attorney serves pursuant to which the prosecuting attorney prosecutes all criminal cases brought before the municipal court that has territorial jurisdiction over that municipal corporation for criminal offenses occurring within the municipal corporation. The prosecuting attorney of Auglaize, Brown, Clermont, Hocking, Jackson, Morrow, Ottawa, or Portage county may enter into an agreement with any municipal corporation in the county in which the prosecuting attorney serves pursuant to which the respective prosecuting attorney prosecutes all cases brought before the Auglaize county, Brown county, Clermont county, Hocking county, Jackson county, Morrow county, Ottawa county, or Portage county municipal court for violations of the ordinances of the municipal corporation or for criminal offenses other than violations of state law occurring within the municipal corporation. For prosecuting these cases, the prosecuting attorney and the municipal corporation may agree upon a fee to be paid by the municipal corporation, which fee shall be paid into the county treasury, to be used to cover expenses of the office of the prosecuting attorney.

Sec. 3506.19.  On and after the first federal election that occurs after January 1, 2006, unless required sooner by the Help America Vote Act of 2002, each polling location shall have available for use at all elections at least one direct recording electronic voting machine or marking device that is accessible for individuals with disabilities, including nonvisual accessibility for the blind and visually impaired, in a manner that provides the same opportunity for access and participation, including privacy and independence, as for other voters.

SECTION 2. That existing sections 1901.34 and 3506.19 of the Revised Code are hereby repealed.

SECTION 3.  (A) The Governor is hereby authorized to execute a deed in the name of the state conveying to the City of Massillon, and its successors and assigns, all of the state's right, title, and interest in the following described real estate:

Situated in the State of Ohio, County of Stark and City of Massillon and being part of Out Lot 560 and part of Out Lot 566 of said City of Massillon now or formerly owned by the State of Ohio (293:81) and being further described as follows:

Commencing for reference at a County Monument found at the southwest corner of Out Lot 704 of said City of Massillon, formerly known as the northeast corner of the Southeast Quarter of Section 20 of Perry Township;

Thence S01°47'25"W along the east line of said Southeast Quarter Section 20, a distance of 1299.65 feet to the True Place of Beginning of the parcel herein described:

1. Thence N51°30'13"E, a distance of 16.21 feet to a "+" with drill hole set;

2. Thence S66°46'01"E, a distance of 248.35 feet to a 5/8" bar found;

3. Thence S53°12'31"E, a distance of 265.96 feet to a 5/8" bar set;

4. Thence S73°18'57"E, a distance of 201.68 feet to a 5/8" bar set;

5. Thence S03°10'50"W, a distance of 201.84 feet to a 5/8" bar found;

6. Thence S21°23;33"W, a distance of 814.43 feet to a 5/8" bar found;

7. Thence S00°09'28"W, a distance of 154.99 feet (passing over a 5/8" bar found at a distance of 87.22 feet);

8. Thence along the arc of a curve to the right having a radius of 2889.79 feet, a central angle of 00°23'05", a tangent of 9.70 feet, a chord of 19.40 bearing S89°50'09"W, a distance of 19.40 feet;

9. Thence N89°26'49"W along the south line of said State of Ohio parcel, a distance of 343.31 feet;

10. Thence N02°01'19"E, a distance of 29.57 feet;

11. Thence N88°33'07"W along the south line of said State of Ohio parcel, a distance of 20.00 feet;

12. Thence N88°33'07"W along the south line of said State of Ohio parcel, a distance of 312.62 feet;

13. Thence N24°04'58"E, a distance of 428.05 feet (passing over a 5/8" bar set at a distance of 32.50 feet) to a 5/8" bar set;

14. Thence along the arc of a curve to the left having a radius of 622.00 feet, a central angle of 25°00'00", a tangent of 137.89 feet, a chord of 269.25 feet bearing N 11°34'56"E, a distance of 271.40 to a 5/8" bar set;

15. Thence N06°53'39"E, a distance of 161.40 feet to a 5/8" bar set;

16. Thence N02°14'37"E, a distance of 171.99 feet to a mag nail set;

17. Thence N08°50'56"W, a distance of 185.42 feet to a 5/8" bar set;

18. Thence N25°26'32"E, a distance of 188.34 feet to a 5/8" bar set;

19. Thence N51°30'13"E, a distance of 62.06 feet to the True Place of Beginning and containing 19.962 acres of which 0.767 of an acre is in said Out Lot 566 and 19.205 acres are in said Out Lot 560 as surveyed by Ronald C. Hinton, S-6270 in November, 2000.

Subject to the right of way of Nave Street containing 0.767 of an acre. Basis of Bearings from State Plane Coordinate System.

(B) Consideration for the conveyance of the real estate described in division (A) of this section is the purchase price of $579,000.00. The purchase price shall be paid to the state according to the following schedule as derived by mutual agreement between the state and the City of Massillon through an executed Offer to Purchase:

(1) $300,000.00 at closing and transfer of title in accordance with this section.

(2) $69,750.00 due and payable on December 1, 2005.

(3) $69,750.00 due and payable on December 1, 2006.

(4) $69,750.00 due and payable on December 1, 2007.

(5) $69,750.00 due and payable on December 1, 2008.

(C) The real estate described in division (A) of this section shall be sold as an entire tract and not in parcels.

(D) Prior to the execution of the Governor's deed under division (F) of this section, possession of the real estate described in division (A) of this section shall be governed by an existing interim lease between the Ohio Department of Administrative Services and the City of Massillon.

(E) The conveyance of the real estate described in division (A) of this section is subject to the following conditions and restrictions:

(1) The City of Massillon shall receive written approval from the Ohio Department of Mental Health to use or develop the real estate described in division (A) of this section for any purpose other than a municipal park, a municipal office space, or an educational or recreational use.

(2) The City of Massillon covenants that, during any period that any bonds issued by the state to finance or refinance all or any portion of the real estate described in division (A) of this section are outstanding, no portion of the real estate will be used for a private business use without the prior written consent of the state.

(3) The City of Massillon shall not sell, convey, or transfer ownership of the real estate described in division (A) of this section before January 1, 2010, or before receiving written confirmation from the state that all of the state's bonded capital indebtedness associated with any of the buildings located on the real estate described in division (A) of this section has been fully retired.

(4) The City of Massillon agrees to execute at or before the execution of the Governor's deed described in division (F) of this section ingress/egress easements prepared by the Department of Administrative Services to permit continued use of existing driveways along the eastern boundary of the real estate described in division (A) of this section and to permit secondary access from adjacent state-owned property to Nave Road, a public, dedicated street.

(F) Upon the City of Massillon's payment of $300,000.00 pursuant to division (B) of this section, the Auditor of State, with the assistance of the Attorney General, shall prepare a deed to the real estate described in division (A) of this section. The deed shall state the consideration, conditions, and restrictions specified in this section. The deed 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 City of Massillon. The City of Massillon shall present the deed for recording in the Office of the Stark County Recorder.

(G) The City of Massillon shall pay the costs of the conveyance of the real estate described in division (A) of this section.

(H) This section shall expire one year after its effective date.

SECTION 4. (A) The Governor is hereby authorized to execute a deed in the name of the state conveying to Cincinnati Gas and Electric Company, and its successors and assigns, all of the state's right, title, and interest in the following described real estate:

Situate in Section 30, Township 4, Range 3 between the Miami Rivers, Warren County, Ohio and being more particularly described as follows:

Commencing at the southwest corner of Section 30, Township 4, Range 3 in the centerline of Ohio State Route 63; thence along the south line of said section and said centerline, S89°49'30"E, 1931.13 feet to a set Mag nail, the Point of Beginning of this description; thence along new lines of division the following three (3) courses: 1). N00°10'30"E, 560.61 feet to a set Cinergy concrete monument, passing a set Cinergy concrete monument in the north right-of-way line of Ohio State Route 63 @ 30.00 feet, 2). S55°13'30"E, 403.34 feet to a set Cinergy concrete monument, 3). S00°10'30"W, 331.58 feet to a set Mag nail in the centerline of Ohio State Route 63, passing a set Cinergy concrete monument in the north right-of-way line of Ohio State Route 63 @ 301.58 feet; thence along south line of Section 30 and the centerline of Ohio State Route 63, N89°49'30"W, 332.00 feet to the point of beginning, containing 3.400 acres, more or less.

The above described 3.400 acre tract of land is a portion of the 1001.93 acre tract of land owned by the State of Ohio and recorded in Deed Book 124, Page 109, Second Parcel, of the Deed Records of Warren County, Ohio. The above description is the result of a field survey performed in February 2005 under the direct supervision of Edward J. Schwegman, Registered Land Surveyor No. 6868, State of Ohio.

(B) Consideration for the conveyance of the real estate described in division (A) of this section is the purchase price of $70,000.00.

(C) Prior to the execution of the Governor's deed under division (E) of this section, possession of the real estate described in division (A) of this section shall be governed by an existing interim lease between the Ohio Department of Administrative Services and Cincinnati Gas and Electric Company.

(D) The conveyance of the real estate described in division (A) of this section shall be subject to the following conditions, restrictions, and possibility of reverter:

(1) Cincinnati Gas and Electric Company shall construct and operate an electrical substation on the real estate described in division (A) of this section within five years after the execution of the Governor's deed described in division (E) of this section, and, if that construction is not completed within that five-year period, all right, title, and interest in the real estate shall revert to the state, for the use and benefit of the Ohio Department of Rehabilitation and Correction, without the need for any further action by the state.

(2) If Cincinnati Gas and Electric Company ceases to use the real estate described in division (A) of this section for substation purposes or if Cincinnati Gas and Electric Company conveys or transfers the real estate described in division (A) of this section to any non-utility owner, Cincinnati Gas and Electric Company shall pay $200,000.00 to the Ohio Department of Rehabilitation and Correction, provided that the state has continuously owned and maintained an uninterrupted property interest in real estate contiguous to the real estate described in division (A) of this section at the time of the subsequent conveyance or transfer.

(E) Upon payment of the purchase price, the Auditor of State, with the assistance of the Attorney General, shall prepare a deed to the real estate described in division (A) of this section. The deed shall state the consideration, conditions, restrictions, and possibility of reverter specified in this section. The deed 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 Cincinnati Gas and Electric Company. Cincinnati Gas and Electric Company shall present the deed for recording in the Office of the Warren County Recorder.

(F) Cincinnati Gas and Electric shall pay the costs of the conveyance of the real estate described in division (A) of this section.

(G) The net proceeds of the sale of the real estate described in division (A) of this section shall be deposited in the state treasury to the credit of the Department of Rehabilitation and Correction Fund 148 Services and Agricultural Fund (Appropriation Item 501-602) and shall be used to offset the loss of the Department's agricultural croplands.

(H) This section shall expire one year after its effective date.

SECTION 5. (A) The Governor is hereby authorized to execute a deed in the name of the state conveying to the purchaser, and the purchaser's heirs and assigns or successors and assigns, all of the state's right, title, and interest in the following described real estate:

Situated in the Village of Saint Martin, in the Township of Perry, in the County of Brown, and the State of Ohio; and known as being part of W. Hooper's Military Survey No. 1415, bounded and described as follows:

Beginning at a reference point at a spike found at the intersection of State Route No. 251 and Park Road;

Thence with the centerline of said Park Road, N. 84 degrees 32' 00" W. a distance of 198.06 feet to a spike found at the northeast corner of the original 3.84 acres;

Thence with said centerline N. 84 degrees 32' 00" W. a distance of 188.69 feet to spike set in said centerline and being the real point of beginning;

Thence with a division line through the original 3.84 acres, S. 4 degrees 53' 00" W. passing an iron pin set at 20.00 feet, a distance of 250.01 feet to an iron pin set in the line of Raymond Maher as recorded in Volume 101, page 57;

Thence with said Maher's line, N. 84 degrees 32' 00" W. a distance of 175.00 feet to an iron pin set in said Maher's line;

Thence with a division line through the original 3.84 acres, N. 4 degrees 53' 00" E. passing an iron pin set at 230.01 feet, a distance of 250.01 feet to a spike set in the centerline of the aforementioned Park Road;

Thence with said centerline, S. 84 degrees 32' 00" E. a distance of 175.00 feet to the beginning, containing 1.004 Acres more or less, being a part of the original 3.84 acres of the premises transferred to Richard E. Rankin and Mary M. Rankin in Volume 200, page 618, and subject to all legal highways and easements. Bearings are magnetic and based upon the S. 84 degrees 32' 00" E. line as surveyed Robert E. Satterfield in November 1983.

(B) Consideration for the conveyance of the real estate described in division (A) of this section shall be a purchase price acceptable to the State Library of Ohio, following an appraisal by one or more disinterested persons.

(C) Upon payment of the purchase price by the purchaser, the Auditor of State, with the assistance of the Attorney General, shall prepare a deed to the real estate described in division (A) of this section. The deed shall state the consideration. The deed 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 purchaser. The purchaser shall present the deed for recording in the Office of the Brown County Recorder.

(D) Advertising costs, appraisal fees, and all other costs of the sale of the real estate described in division (A) of this section shall be paid by the purchaser.

(E) This section shall expire three years after its effective date.

SECTION 6. (A) The Governor is hereby authorized to execute a deed in the name of the state conveying to the Columbus Board of Education, and its successors and assigns, all of the state's right, title, and interest in the following described real estate:

Situated in the County of Franklin, in the State of Ohio, and in the City of Columbus.

Parcel I:

Being Lot Numbers One (1), Two (2), Three (3), Four (4), Five (5), and Six (6) of Leo Lesquereux' Subdivision of Lots Numbers 11 and 12 in William M. Awl's Addition to said City, as the same are numbered and delineated upon the recorded plat thereof, of record in Plat Book 2, Page 302, Recorder's Office, Franklin County, Ohio and:

Being Lot Number Thirteen (13) in William M. Awl's Addition to the City of Columbus, as the same is numbered and delineated upon the recorded plat thereof, of record in Deed Book 26, Page 187, Recorder's Office, Franklin County, Ohio.

And together with all right, title and interest in and to Zettler Alley between Mound and Engler Streets, vacated by City of Columbus Ordinance No. 306-49, passed May 3, 1949.

Source of Title: D.B. 1261, Page 173, D.B. 1029, Page 672, D.B. 756, page 294, D.B. 1286, page 179, and D.B. 3705, page 697.

Parcel No. 21302

Parcel II:

Being Lot Numbers Fourteen (14) and Fifteen (15) in William M. Awl's Addition to the City of Columbus, as the same are numbered and delineated upon the recorded plat thereof, of record in Deed Book 26, Page 187, Recorder's Office, Franklin County, Ohio.

Together with all right, title and interest in and to Fieser Alley between Mound and Engler Streets, vacated by City of Columbus Ordinance No. 1410-66, passed October 10, 1966.

Source of Title: D.B. 1926, Page 264, D.B. 2945, Page 12, D.B. 2830, page 97, and D.B. 3705, page 697.

Parcel III:

Being Inlots Numbers Eight Hundred Thirty-five (835), Eight Hundred Thirty-six (836), Eight Hundred Sixty-one (861) and the easterly one-half of Inlot Number Eight Hundred Sixty-two (862) in Crosby's Inlots, as the same are numbered and delineated upon the recorded plat thereof, of record in Deed Book 11, Page 97, Recorder's Office, Franklin County, Ohio.

Source of Title: D.B. 2830, Page 97, D.B. 2314, page 60, D.B. 2945, Page 12, and D.B. 3705, Page 697.

(B) Consideration for the conveyance of the real estate described in division (A) of this section is the purchase price of $2,200,000.00.

(C) Prior to the execution of the Governor's deed described in division (D) of this section, possession of the real estate described in division (A) of this section shall be governed by an existing lease between the Ohio Department of Administrative Services and Franklin County.

(D) Upon payment of the purchase price, the Auditor of State, with the assistance of the Attorney General, shall prepare a deed to the real estate described in division (A) of this section. The deed shall state the consideration. The deed 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 Columbus Board of Education. The Columbus Board of Education shall present the deed for recording in the Office of the Franklin County Recorder.

(E) The Columbus Board of Education shall pay the costs of the conveyance of the real estate described in division (A) of this section.

(F) This section shall expire three years after its effective date.

SECTION 7.  (A) The Governor is hereby authorized to execute a deed in the name of the state conveying to the purchaser, and the purchaser's heirs and assigns or successors and assigns, all of the state's right, title, and interest in the following described real estate:

Situated in the State of Ohio, County of Clark and the Township of Springfield, City of Springfield.

Being a part of the Southwest quarter of Section twenty-three, Township five, Range nine and a part of the west half of Section seventeen, Township five, Range nine, B.M.R.S.

Beginning at the intersection of the centerline of the Old National Road (now the west bound lane of the New National Road) with the East line of Section twenty-three;

thence with the centerline of said road S 86°30'W 20.0 feet;

thence parallel to the section line N 2°0'W 1000.0 feet to a point;

thence N 86°30' E 20.0 feet to a point on the section line;

thence with the section line N 2°0' W 94.63 feet to a bar;

thence N 86°30' E 683.10 feet to a stake in the Ogden Road right of way;

thence with said road S 2°0' E 525.05 feet to a point in the road;

thence S 86°30' W 20.0 feet to a point;

thence parallel to the road S 2°0' E 569.58 feet to the centerline of the Old National Road;

thence with said road S 86°30' W 663.10 feet to the place of beginning, and containing seventeen and thirty-six hundredths (17.36) Acres of land

Being a part of the same premises conveyed to said Board of county commissioners of Clark County, Ohio, by the following:

Deed from Mary E. Kinnane dated August 20, 1920, and recorded in Volume 170, page 464; Deed from the Board of County Commissioners of Champaign County, Ohio dated January 30, 1925, and recorded in Volume 239, Page 155; Deed from Board of Commissioners of Greene County, Ohio dated January 30, 1925, and recorded in Volume 239, Page 160; Deed from Board of County Commissioners of Madison County, Ohio, dated January 30, 1925, and recorded in Volume 239, page 153; all in the Deed Records of Clark County, Prior Deed reference: Volume 568, Page 61.

(B) The Ohio Department of Mental Retardation and Developmental Disabilities shall appraise the real estate described in division (A) of this section or have it appraised by one or more disinterested persons for a fee to be determined by the Department.

(C) The Director of Administrative Services shall offer the real estate described in division (A) of this section for sale as follows:

(1) The Director shall review the appraisal, establish an appraised value for the real estate, and provide notice to the Ohio Department of Mental Retardation and Developmental Disabilities of any interest expressed by any state entity in acquiring the real estate at the appraised value. The Director shall first offer the real estate at the appraised value to any state entity that has expressed an interest in so acquiring the real estate.

(2) If no state entity expresses an interest in acquiring the real estate at the appraised value, or if a state entity accepts the offer mentioned in division (C)(1) of this section but fails to timely complete the purchase, the Director shall offer the real estate to the Board of County Commissioners of Clark County at a purchase price agreed upon by the Director and the Board of County Commissioners.

(D) The real estate described in division (A) of this section shall be sold as an entire parcel and not subdivided.

(E) Advertising costs, appraisal fees, and all other costs of the sale of the real estate described in division (A) of this section shall be paid by the Ohio Department of Mental Retardation and Developmental Disabilities.

(F) Upon notice from the Director of Administrative Services that the real estate described in division (A) of this section has been sold in accordance with division (C) of this section, the Auditor of State, with the assistance of the Attorney General, shall prepare a deed to the real estate described in division (A) of this section. The deed shall state the consideration. The deed 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 purchaser. The purchaser shall present the deed for recording in the Office of the Clark County Recorder.

(G) The net proceeds of the sale of the real estate described in division (A) of this section shall be deposited in the state treasury to the credit of the Mental Health Facilities Improvement Fund created in section 154.20 of the Revised Code and shall be used to offset bond indebtedness for Springview Developmental Center capital projects.

(H) This section shall expire two years after its effective date.

SECTION 8. Sections 1, 2, 3, 4, 5, and 6 of this act shall take effect on the ninety-first day after the effective date of this act.

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 the necessity is that immediate action is required to ensure the continued preservation of the Springview Developmental Center real estate in Springfield that is covered by one of the act's authorized conveyances. Therefore, this act shall go into immediate effect.