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Sub. H. B. No. 532 As Enrolled
(129th General Assembly)
(Substitute House Bill Number 532)
AN ACT
To amend sections 3313.41, 3313.411, 3354.121, and
5913.11, to enact section 3313.412 of the Revised
Code, and to amend Section 707.10 of Am. Sub. H.B.
487 of the 129th General Assembly to revise the
Ohio Military Medal of Distinction law; to allow
certain community colleges to acquire, construct,
and maintain housing and dining facilities; to
expand the areas for which a municipal corporation
in Stark County may use up to 5% of its water and
sewer funds for sewage or water system extensions
to include areas within a joint economic
development district and areas within the
municipal corporation's boundaries; to temporarily
permit a school district to offer highest priority
to purchase an athletic field to the current
leaseholder; to permit a school district to sell
or lease real property directly to a STEM school
in certain circumstances; and to make an
appropriation.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 3313.41, 3313.411, 3354.121, and
5913.11 be amended and section 3313.412 of the Revised Code be
enacted to read as follows:
Sec. 3313.41. (A) Except as provided in divisions (C), (D),
(F), and (G) of this section and in section 3313.412 of the
Revised Code, when a board of education decides to dispose of real
or personal property that it owns in its corporate capacity and
that exceeds in value ten thousand dollars, it shall sell the
property at public auction, after giving at least thirty days'
notice of the auction by publication in a newspaper of general
circulation in the school district, by publication as provided in
section 7.16 of the Revised Code, or by posting notices in five of
the most public places in the school district in which the
property, if it is real property, is situated, or, if it is
personal property, in the school district of the board of
education that owns the property. The board may offer real
property for sale as an entire tract or in parcels.
(B) When the board of education has offered real or personal
property for sale at public auction at least once pursuant to
division (A) of this section, and the property has not been sold,
the board may sell it at a private sale. Regardless of how it was
offered at public auction, at a private sale, the board shall, as
it considers best, sell real property as an entire tract or in
parcels, and personal property in a single lot or in several lots.
(C) If a board of education decides to dispose of real or
personal property that it owns in its corporate capacity and that
exceeds in value ten thousand dollars, it may sell the property to
the adjutant general; to any subdivision or taxing authority as
respectively defined in section 5705.01 of the Revised Code,
township park district, board of park commissioners established
under Chapter 755. of the Revised Code, or park district
established under Chapter 1545. of the Revised Code; to a wholly
or partially tax-supported university, university branch, or
college; to a nonprofit institution of higher education that has a
certificate of authorization under Chapter 1713. of the Revised
Code; to the governing authority of a chartered nonpublic school;
or to the board of trustees of a school district library, upon
such terms as are agreed upon. The sale of real or personal
property to the board of trustees of a school district library is
limited, in the case of real property, to a school district
library within whose boundaries the real property is situated, or,
in the case of personal property, to a school district library
whose boundaries lie in whole or in part within the school
district of the selling board of education.
(D) When a board of education decides to trade as a part or
an entire consideration, an item of personal property on the
purchase price of an item of similar personal property, it may
trade the same upon such terms as are agreed upon by the parties
to the trade.
(E) The president and the treasurer of the board of education
shall execute and deliver deeds or other necessary instruments of
conveyance to complete any sale or trade under this section.
(F) When a board of education has identified a parcel of real
property that it determines is needed for school purposes, the
board may, upon a majority vote of the members of the board,
acquire that property by exchanging real property that the board
owns in its corporate capacity for the identified real property or
by using real property that the board owns in its corporate
capacity as part or an entire consideration for the purchase price
of the identified real property. Any exchange or acquisition made
pursuant to this division shall be made by a conveyance executed
by the president and the treasurer of the board.
(G) When Except as provided in section 3313.412 of the
Revised Code, when a school district board of education decides to
dispose of real property, prior to disposing of that property
under divisions (A) to (F) of this section, it shall first offer
that property for sale to the governing authorities of the
start-up community schools established under Chapter 3314. of the
Revised Code, and the board of trustees of any college-preparatory
boarding school established under Chapter 3328. of the Revised
Code, that are located within the territory of the school
district. The district board shall offer the property at a price
that is not higher than the appraised fair market value of that
property as determined in an appraisal of the property that is not
more than one year old. If more than one community school
governing authority or college-preparatory boarding school board
of trustees accepts the offer made by the school district board,
the board shall sell the property to the governing authority or
board that accepted the offer first in time. If no community
school governing authority or college-preparatory boarding school
board of trustees accepts the offer within sixty days after the
offer is made by the school district board, the board may dispose
of the property in the applicable manner prescribed under
divisions (A) to (F) of this section.
(H) When a school district board of education has property
that the board, by resolution, finds is not needed for school
district use, is obsolete, or is unfit for the use for which it
was acquired, the board may donate that property in accordance
with this division if the fair market value of the property is, in
the opinion of the board, two thousand five hundred dollars or
less.
The property may be donated to an eligible nonprofit
organization that is located in this state and is exempt from
federal income taxation pursuant to 26 U.S.C. 501(a) and (c)(3).
Before donating any property under this division, the board shall
adopt a resolution expressing its intent to make unneeded,
obsolete, or unfit-for-use school district property available to
these organizations. The resolution shall include guidelines and
procedures the board considers to be necessary to implement the
donation program and shall indicate whether the school district
will conduct the donation program or the board will contract with
a representative to conduct it. If a representative is known when
the resolution is adopted, the resolution shall provide contact
information such as the representative's name, address, and
telephone number.
The resolution shall include within its procedures a
requirement that any nonprofit organization desiring to obtain
donated property under this division shall submit a written notice
to the board or its representative. The written notice shall
include evidence that the organization is a nonprofit organization
that is located in this state and is exempt from federal income
taxation pursuant to 26 U.S.C. 501(a) and (c)(3); a description of
the organization's primary purpose; a description of the type or
types of property the organization needs; and the name, address,
and telephone number of a person designated by the organization's
governing board to receive donated property and to serve as its
agent.
After adoption of the resolution, the board shall publish, in
a newspaper of general circulation in the school district or as
provided in section 7.16 of the Revised Code, notice of its intent
to donate unneeded, obsolete, or unfit-for-use school district
property to eligible nonprofit organizations. The notice shall
include a summary of the information provided in the resolution
and shall be published twice. The second notice shall be published
not less than ten nor more than twenty days after the previous
notice. A similar notice also shall be posted continually in the
board's office. If the school district maintains a web site on the
internet, the notice shall be posted continually at that web site.
The board or its representatives shall maintain a list of all
nonprofit organizations that notify the board or its
representative of their desire to obtain donated property under
this division and that the board or its representative determines
to be eligible, in accordance with the requirements set forth in
this section and in the donation program's guidelines and
procedures, to receive donated property.
The board or its representative also shall maintain a list of
all school district property the board finds to be unneeded,
obsolete, or unfit for use and to be available for donation under
this division. The list shall be posted continually in a
conspicuous location in the board's office, and, if the school
district maintains a web site on the internet, the list shall be
posted continually at that web site. An item of property on the
list shall be donated to the eligible nonprofit organization that
first declares to the board or its representative its desire to
obtain the item unless the board previously has established, by
resolution, a list of eligible nonprofit organizations that shall
be given priority with respect to the item's donation. Priority
may be given on the basis that the purposes of a nonprofit
organization have a direct relationship to specific school
district purposes of programs provided or administered by the
board. A resolution giving priority to certain nonprofit
organizations with respect to the donation of an item of property
shall specify the reasons why the organizations are given that
priority.
Members of the board shall consult with the Ohio ethics
commission, and comply with Chapters 102. and 2921. of the Revised
Code, with respect to any donation under this division to a
nonprofit organization of which a board member, any member of a
board member's family, or any business associate of a board member
is a trustee, officer, board member, or employee.
Sec. 3313.411. (A) As used in this section:
(1) "College-preparatory boarding school" means a
college-preparatory boarding school established under Chapter
3328. of the Revised Code.
(2) "Community school" means a community school established
under Chapter 3314. of the Revised Code.
(3) "Unused school facilities" means any real property that
has been used by a school district for school operations,
including, but not limited to, academic instruction or
administration, since July 1, 1998, but has not been used in that
capacity for two years.
(B)(1) On Except as provided in section 3313.412 of the
Revised Code, on and after June 30, 2011, any school district
board of education shall offer any unused school facilities it
owns in its corporate capacity for lease or sale to the governing
authorities of community schools, and the board of trustees of any
college-preparatory boarding school, that are located within the
territory of the district.
(2) At the same time that a district board makes the offer
required under division (B)(1) of this section, the board also
may, but shall not be required to, offer that property for sale or
lease to the governing authorities of community schools with
plans, stipulated in their contracts entered into under section
3314.03 of the Revised Code, either to relocate their operations
to the territory of the district or to add facilities, as
authorized by division (B)(3) or (4) of section 3314.05 of the
Revised Code, to be located within the territory of the district.
(C)(1) If, not later than sixty days after the district board
makes the offer, only one qualified party offered the property
under division (B) of this section notifies the district treasurer
in writing of the intention to purchase the property, the district
board shall sell the property to that party for the appraised fair
market value of the property as determined in an appraisal of the
property that is not more than one year old.
(2) If, not later than sixty days after the district board
makes the offer, more than one qualified party offered the
property under division (B) of this section notifies the district
treasurer in writing of the intention to purchase the property,
the board shall conduct a public auction in the manner required
for auctions of district property under division (A) of section
3313.41 of the Revised Code. Only the parties offered the property
under division (B) of this section that notify the district
treasurer of the intention to purchase the property are eligible
to bid at the auction. The district board is not obligated to
accept any bid for the property that is lower than the appraised
fair market value of the property as determined in an appraisal
that is not more than one year old.
(3) If more than one qualified party offered the property
under division (B) of this section notifies the district treasurer
in writing of the intention to lease the property, the district
board shall conduct a lottery to select from among those parties
the one qualified party to which the district board shall lease
the property.
(4) The lease price offered by a district board to a
community school or college-preparatory boarding school under this
section shall not be higher than the fair market value for such a
leasehold as determined in an appraisal that is not more than one
year old.
(5) If no qualified party offered the property under division
(B) of this section accepts the offer to lease or buy the property
within sixty days after the offer is made, the district board may
offer the property to any other entity in accordance with
divisions (A) to (F) of section 3313.41 of the Revised Code.
(D) Notwithstanding division (B) of this section, a school
district board may renew any agreement it originally entered into
prior to June 30, 2011, to lease real property to an entity other
than a community school or college-preparatory boarding school.
Nothing in this section shall affect the leasehold arrangements
between the district board and that other entity.
Sec. 3313.412. A school district board of education may
offer for sale or lease any parcel of real property directly to
the governing body of a STEM school established under Chapter
3326. of the Revised Code without offering that property under
divisions (A) and (G) of section 3313.41 or under section 3313.411
of the Revised Code, if all of the following apply:
(A) The district board offered that real property for sale
under division (G) of section 3313.41 of the Revised Code prior to
June 30, 2011.
(B) No entity accepted the offer described in division (A) of
this section.
(C) The district board still owns that real property and has
decided again to dispose of it by sale or lease.
(D) The STEM school, to which the real property is sold or
leased under this section, was approved for operation under
section 3326.03 of the Revised Code between October 1 and December
31, 2012.
Sec. 3354.121. (A)(1) Each community college district may
acquire, by purchase, lease, lease-purchase, lease with option to
purchase, or otherwise, construct, equip, furnish, reconstruct,
alter, enlarge, remodel, renovate, rehabilitate, improve,
maintain, repair, and operate, and lease to or from others,
auxiliary facilities or education facilities, except housing and
dining facilities, and may pay for the facilities out of available
receipts of such district. To pay all or part of the costs of
auxiliary facilities or education facilities, except housing and
dining facilities, and any combination of them, and to refund
obligations previously issued for such purpose, each community
college district may issue obligations in the manner provided by
and subject to the applicable provisions of section 3345.12 of the
Revised Code.
(2) A community college district that is located within one
mile of a four-year private, nonprofit institution of higher
education in the state may acquire, by purchase, lease,
lease-purchase, lease with option to purchase, or otherwise,
construct, equip, furnish, reconstruct, alter, enlarge, remodel,
renovate, rehabilitate, improve, maintain, repair, and operate,
and lease to or from others, housing and dining facilities, and
may pay for the facilities out of the available receipts of such
district. To pay all or part of the costs of the housing and
dining facilities, and to refund obligations previously issued for
such purpose, the community college district may issue obligations
in the manner provided by and subject to the applicable provisions
of section 3345.12 of the Revised Code.
(B) Except as otherwise provided in this section, the
definitions set forth in section 3345.12 of the Revised Code apply
to this section.
(C) Fee variations provided for in division (G) of section
3354.09 of the Revised Code need not be applied to fees pledged to
secure obligations.
(D) The obligations authorized by this section are not bonded
indebtedness of the community college district, shall not
constitute general obligations or the pledge of the full faith and
credit of such district, and the holders or owners thereof shall
have no right to require the board to levy or collect any taxes
for the payment of bond service charges, but they shall have the
right to payment thereof solely from the available receipts and
funds pledged for such payment as authorized by section 3345.12 of
the Revised Code and this section.
The bond proceedings may provide the method whereby the
general administrative overhead expense of the district shall be
allocated among the several operations and facilities of the
district for purposes of determining any operating and maintenance
expenses payable from the pledged available receipts prior to the
provision for payment of bond service charges, and for other
purposes of the bond proceedings.
(E) The powers granted in this section are in addition to any
other powers at any time granted by the Constitution and laws of
the state, and not in derogation thereof or restrictions thereon.
Sec. 5913.11. (A) There is hereby created the Ohio military
medal of distinction. The adjutant general shall design the medal
and coordinate an eligibility establishment program. An individual
is eligible for the medal if the individual was killed in the line
of duty on or after September 10, 2001, while doing one of the
following:
(1) Engaging in an action against an enemy of the United
States;
(2) Engaging in military operations involving conflict with
an opposing foreign force;
(3) Serving with friendly foreign forces engaged in an armed
conflict against an opposing armed force in which the United
States is not a belligerent party; or
(4) Serving in a combat zone designated by presidential
order.
(B) To receive the Ohio military medal of distinction, an
individual shall be at least one of the following at the time the
member was killed in the line of duty:
(1) An Ohio A national guard member who is a resident of this
state;
(2) An Ohio national guard member;
(3) A United States military reserves member who is a
resident of this state;
(3)(4) A United States armed forces member who is either a
resident of this state or stationed in this state by a United
States department of defense order.
(C)(1) At least once per year, both houses of the general
assembly the adjutant general shall obtain provide a list of
eligible medal recipients from to the adjutant general and meet in
joint convention to department of veterans services and the
governor. The adjutant general shall prepare a medal for each
eligible medal recipient. The medal shall be presented to the
recipient's primary next of kin, as designated by the recipient.
If the recipient has not designated a primary next of kin or if
the designated primary next of kin is deceased, the primary next
of kin shall be determined under the rules of the United States
department of defense.
(2) The governor and the general assembly annually shall hold
a joint ceremony to recognize the medal recipients for the prior
year and to present each medal to the recipient's primary next of
kin, as determined under division (C)(1) of this section.
(D)(1) If a parent of the medal recipient is the primary next
of kin, as determined under division (C)(1) of this section, and
the medal recipient's parents are not married to each other or are
legally separated from each other, the medal recipient's other
living parent may request a duplicate medal at no cost.
If neither of the medal recipient's parents is the primary
next of kin, as determined under division (C)(1) of this section,
the living parents of the medal recipient jointly may request a
duplicate medal at no cost, except that if the parents of the
medal recipient are not married to each other or are legally
separated from each other, each living parent may request a
duplicate medal at no cost.
If the medal recipient's spouse is not the primary next of
kin, the spouse may request a duplicate medal at no cost.
The adjutant general shall prescribe a form by which a parent
or spouse may request a duplicate medal under division (D)(1) of
this section.
(2) A surviving spouse, a natural or adopted child who is at
least eighteen years of age, a parent, a brother or sister,
whether of the whole or the half blood, who is at least eighteen
years of age, an aunt or uncle who is at least eighteen years of
age, or a grandparent of a medal recipient may apply to the
adjutant general, on a form prescribed by the adjutant general, to
receive a duplicate medal. The applicant shall include with the
application a fee in an amount to be determined by the adjutant
general. The adjutant general shall set the fee at an amount no
greater than the cost of producing the duplicate medal.
(E) There is hereby created in the state treasury the
military medal of distinction fund. The fund shall consist of all
fees collected from applicants for duplicate medals as well as
appropriations made by the general assembly for purposes of the
Ohio military medal of distinction program. The fund shall be used
to pay for the production of medals. Investment earnings of the
fund shall be credited to the fund.
SECTION 2. That existing sections 3313.41, 3313.411,
3354.121, and 5913.11 of the Revised Code are hereby repealed.
SECTION 3. All items in this section are hereby appropriated
as designated out of any moneys in the state treasury to the
credit of the State Special Revenue Fund Group. For all
appropriations made in this act, those in the first column are for
fiscal year 2012 and those in the second column are for fiscal
year 2013. The appropriations made in this act are in addition to
any other appropriations made for the FY 2012-FY 2013 biennium.
ADJ ADJUTANT GENERAL
State Special Revenue Fund Group
5LY0 |
745626 |
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Military Medal of Distinction |
|
$ |
0 |
|
$ |
2,500 |
|
|
TOTAL SSR State Special Revenue Fund Group
| |
$ |
0 |
|
$ |
2,500 |
|
|
TOTAL ALL BUDGET FUND GROUPS
| |
$ |
0 |
|
$ |
2,500 |
|
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MILITARY MEDAL OF DISTINCTION
On the effective date of this act, or as soon as possible
thereafter, the Director of Budget and Management shall transfer
$2,500 cash from the General Revenue Fund to the Military Medal of
Distinction Fund (Fund 5LY0). The amount transferred shall be used
by the Adjutant General for the purposes described in section
5913.11 of the Revised Code.
SECTION 4. Within the limits set forth in this act, the
Director of Budget and Management shall establish accounts
indicating the source and amount of funds for each appropriation
made in this act, and shall determine the form and manner in which
appropriation accounts shall be maintained. Expenditures from
appropriations contained in this act shall be accounted for as
though made in Am. Sub. H.B. 153 of the 129th General Assembly.
The appropriations made in this act are subject to all
provisions of Am. Sub. H.B. 153 of the 129th General Assembly that
are generally applicable to such appropriations.
SECTION 5. That Section 707.10 of Am. Sub. H.B. 487 of the
129th General Assembly be amended to read as follows:
Sec. 707.10. For fiscal years 2013 and 2014, the legislative
authority of a municipal corporation in a county, with a
population between three hundred seventy-five thousand and four
hundred thousand according to the most recent federal decennial
census, may conduct a pilot program whereby the legislative
authority may use up to five per cent of the aggregate amount of
money deposited in the municipal corporation's sewer fund and up
to five per cent of the aggregate amount of money deposited in a
fund created by the municipal corporation for water-works for the
purpose of extending the municipal corporation's water or sewerage
system, as applicable, if both of the following apply:
(A) The water or sewerage system is being extended to areas
for economic development purposes.
(B) The areas into which the water or sewerage system is
being extended are the one of the following:
(1) The subject of a cooperative economic development
agreement entered into by the municipal corporation under section
701.07 of the Revised Code;
(2) Within a joint economic development district created
under sections 715.72 to 715.81 of the Revised Code for which the
municipal corporation is a contracting party;
(3) Within the boundaries of the municipal corporation.
With regard to either fund, the legislative authority shall
not exceed the five per cent limit established in this section.
SECTION 6. That existing Section 707.10 of Am. Sub. H.B. 487
of the 129th General Assembly is hereby repealed.
SECTION 7. (A) This section applies only to a city school
district that currently leases an athletic field to the governing
authority of a chartered nonpublic school.
(B) Notwithstanding section 3313.41 of the Revised Code, the
board of education of a school district to which this section
applies may offer for sale an athletic field that it owns in its
corporate capacity to the chartered nonpublic school that is the
current leaseholder of that property prior to offering that
property for sale under the provisions of section 3313.41 of the
Revised Code.
(C) This section shall expire on December 31, 2015.
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