As Introduced

129th General Assembly
Regular Session
2011-2012
H. B. No. 513


Representative Maag 



A BILL
To amend sections 123.01 and 3709.34 and to enact 1
sections 123.24, 123.25, 123.51, and 307.093 of 2
the Revised Code regarding lease agreements.3


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

       Section 1. That sections 123.01 and 3709.34 be amended and 4
sections 123.24, 123.25, 123.51, and 307.093 of the Revised Code 5
be enacted to read as follows:6

       Sec. 123.01.  (A) The department of administrative services, 7
in addition to those powers enumerated in Chapters 124. and 125. 8
of the Revised Code and provided elsewhere by law, shall exercise 9
the following powers:10

       (1) To prepare, or contract to be prepared, by licensed 11
engineers or architects, surveys, general and detailed plans, 12
specifications, bills of materials, and estimates of cost for any 13
projects, improvements, or public buildings to be constructed by 14
state agencies that may be authorized by legislative 15
appropriations or any other funds made available therefor, 16
provided that the construction of the projects, improvements, or 17
public buildings is a statutory duty of the department. This 18
section does not require the independent employment of an 19
architect or engineer as provided by section 153.01 of the Revised 20
Code in the cases to which that section applies nor affect or 21
alter the existing powers of the director of transportation.22

       (2) To have general supervision over the construction of any 23
projects, improvements, or public buildings constructed for a 24
state agency and over the inspection of materials previous to 25
their incorporation into those projects, improvements, or 26
buildings;27

       (3) To make contracts for and supervise the construction of 28
any projects and improvements or the construction and repair of 29
buildings under the control of a state agency, except contracts 30
for the repair of buildings under the management and control of 31
the departments of public safety, job and family services, mental 32
health, developmental disabilities, rehabilitation and correction, 33
and youth services, the bureau of workers' compensation, the 34
rehabilitation services commission, and boards of trustees of 35
educational and benevolent institutions and except contracts for 36
the construction of projects that do not require the issuance of a 37
building permit or the issuance of a certificate of occupancy and 38
that are necessary to remediate conditions at a hazardous waste 39
facility, solid waste facility, or other location at which the 40
director of environmental protection has reason to believe there 41
is a substantial threat to public health or safety or the 42
environment. These contracts shall be made and entered into by the 43
directors of public safety, job and family services, mental 44
health, developmental disabilities, rehabilitation and correction, 45
and youth services, the administrator of workers' compensation, 46
the rehabilitation services commission, the boards of trustees of 47
such institutions, and the director of environmental protection, 48
respectively. All such contracts may be in whole or in part on 49
unit price basis of maximum estimated cost, with payment computed 50
and made upon actual quantities or units.51

       (4) To prepare and suggest comprehensive plans for the 52
development of grounds and buildings under the control of a state 53
agency;54

       (5) To acquire, by purchase, gift, devise, lease, or grant, 55
all real estate required by a state agency, in the exercise of 56
which power the department may exercise the power of eminent 57
domain, in the manner provided by sections 163.01 to 163.22 of the 58
Revised Code;59

       (6) To make and provide all plans, specifications, and models 60
for the construction and perfection of all systems of sewerage, 61
drainage, and plumbing for the state in connection with buildings 62
and grounds under the control of a state agency;63

       (7) To erect, supervise, and maintain all public monuments 64
and memorials erected by the state, except where the supervision 65
and maintenance is otherwise provided by law;66

       (8) To procure, by lease, storage accommodations for a state 67
agency;68

       (9) To lease or grant easements or licenses for unproductive 69
and unused lands or other property under the control of a state 70
agency. Such leases, easements, or licenses shall be granted for a 71
period not to exceed fifteen years and shall be executed for the 72
state by the director of administrative services and the governor 73
and shall be approved as to form by the attorney general, provided 74
that leases, easements, or licenses may be granted to any county, 75
township, municipal corporation, port authority, water or sewer 76
district, school district, library district, health district, park 77
district, soil and water conservation district, conservancy 78
district, or other political subdivision or taxing district, or 79
any agency of the United States government, for the exclusive use 80
of that agency, political subdivision, or taxing district, without 81
any right of sublease or assignment, for a period not to exceed 82
fifteen years, and provided that the director shall grant leases, 83
easements, or licenses of university land for periods not to 84
exceed twenty-five years for purposes approved by the respective 85
university's board of trustees wherein the uses are compatible 86
with the uses and needs of the university and may grant leases of 87
university land for periods not to exceed forty years for purposes 88
approved by the respective university's board of trustees pursuant 89
to section 123.77 of the Revised Code.90

       (10) To lease space for the use of a state agency;91

       (11) To have general supervision and care of the storerooms, 92
offices, and buildings leased for the use of a state agency;93

       (12) To exercise general custodial care of all real property 94
of the state;95

       (13) To assign and group together state offices in any city 96
in the state and to establish, in cooperation with the state 97
agencies involved, rules governing space requirements for office 98
or storage use;99

       (14)(a) To lease, pursuant to a lease-purchase agreement, 100
property of any person or political subdivision located in this 101
state for a period not to exceed forty years, pursuant to a 102
contractfor the purpose of providing for the construction thereof 103
under a lease-purchase plan,of buildings, structures, and other 104
improvements for any public purpose, and, in conjunction 105
therewith, to grant leases, easements, or licenses for lands under 106
the control of a state agency for a period not to exceed forty 107
yearsor private use for the benefit of the state. The 108
lease-purchase planagreement shall provide that at the end of 109
the lease period, the buildings, structures, and related 110
improvements, together with the land on which they are situated, 111
shall become the property of the state without cost.112

       (a) Whenever any building, structure, or other improvement is 113
to be so leased by a state agency, the department shall retain 114
either basic plans, specifications, bills of materials, and 115
estimates of cost with sufficient detail to afford bidders all 116
needed information or, alternatively, all of the following plans, 117
details, bills of materials, and specifications:118

       (i) Full and accurate plans suitable for the use of mechanics 119
and other builders in the improvement;120

       (ii) Details to scale and full sized, so drawn and 121
represented as to be easily understood;122

       (iii) Accurate bills showing the exact quantity of different 123
kinds of material necessary to the construction;124

       (iv) Definite and complete specifications of the work to be 125
performed, together with such directions as will enable a 126
competent mechanic or other builder to carry them out and afford 127
bidders all needed information;128

       (v) A full and accurate estimate of each item of expense and 129
of the aggregate cost thereof.130

       (b) The department shall give public notice, in such 131
newspaper, in such form, and with such phraseology as the director 132
of administrative services prescribes, published once each week 133
for four consecutive weeks, of the time when and place where bids 134
will be received for entering into an agreement to lease to a 135
state agency a building, structure, or other improvement. The last 136
publication shall be at least eight days preceding the day for 137
opening the bids. The bids shall contain the terms upon which the 138
builder would propose to lease the building, structure, or other 139
improvement to the state agency. The form of the bid approved by 140
the department shall be used, and a bid is invalid and shall not 141
be considered unless that form is used without change, alteration, 142
or addition. Before submitting bids pursuant to this section, any 143
builder shall comply with Chapter 153. of the Revised Code.144

       (c) On the day and at the place named for receiving bids for 145
entering into lease agreements with a state agency, the director 146
of administrative services shall open the bids and shall publicly 147
proceed immediately to tabulate the bids upon duplicate sheets. No 148
lease agreement shall be entered into until the bureau of workers' 149
compensation has certified that the person to be awarded the lease 150
agreement has complied with Chapter 4123. of the Revised Code, 151
until, if the builder submitting the lowest and best bid is a 152
foreign corporation, the secretary of state has certified that the 153
corporation is authorized to do business in this state, until, if 154
the builder submitting the lowest and best bid is a person 155
nonresident of this state, the person has filed with the secretary 156
of state a power of attorney designating the secretary of state as 157
its agent for the purpose of accepting service of summons in any 158
action brought under Chapter 4123. of the Revised Code, and until 159
the agreement is submitted to the attorney general and the 160
attorney general's approval is certified thereon. Within thirty 161
days after the day on which the bids are received, the department 162
shall investigate the bids received and shall determine that the 163
bureau and the secretary of state have made the certifications 164
required by this section of the builder who has submitted the 165
lowest and best bid. Within ten days of the completion of the 166
investigation of the bids, the department shall award the lease 167
agreement to the builder who has submitted the lowest and best bid 168
and who has been certified by the bureau and secretary of state as 169
required by this section. If bidding for the lease agreement has 170
been conducted upon the basis of basic plans, specifications, 171
bills of materials, and estimates of costs, upon the award to the 172
builder the department, or the builder with the approval of the 173
department, shall appoint an architect or engineer licensed in 174
this state to prepare such further detailed plans, specifications, 175
and bills of materials as are required to construct the building, 176
structure, or improvement. The department shall adopt such rules 177
as are necessary to give effect to this section. The department 178
may reject any bid. Where there is reason to believe there is 179
collusion or combination among bidders, the bids of those 180
concerned therein shall be rejected.181

       (b) To lease, pursuant to a lease-leaseback agreement, real 182
property of the state to any person or a political subdivision 183
located in this state for a period not to exceed forty years. If 184
the department enters into such an agreement, the agreement shall 185
require the following:186

       (i) That the person or subdivision, for any public purpose or 187
private use for the benefit of the state, construct buildings or 188
structures, or make alterations, renovations, repairs, expansions, 189
or other improvements, on the property as it exists on the date 190
the agreement is entered into;191

       (ii) That the person or subdivision lease to the state, 192
during the agreement period, space the department deems necessary 193
in any building, structure, or other similar improvement on the 194
property;195

       (iii) That at the end of the lease period, the buildings, 196
structures, and related improvements, become property of the state 197
without cost.198

        (c)(i) Any person or political subdivision entering into a 199
lease-purchase or lease-leaseback agreement under division 200
(A)(14)(a) or (b) of this section shall provide plans satisfactory 201
to the department that detail the nature and cost, including 202
financing costs, of the improvements described under division 203
(A)(14)(a) or (b)(i) of this section, as applicable.204

       (ii) In conjunction with entering into a lease-purchase or 205
lease-leaseback agreement, the state may grant leases, easements, 206
or licenses for lands under the control of a state agency for a 207
period not to exceed forty years.208

       (15) To acquire by purchase, gift, devise, or grant and to 209
transfer, lease, or otherwise dispose of all real property 210
required to assist in the development of a conversion facility as 211
defined in section 5709.30 of the Revised Code as that section 212
existed before its repeal by Amended Substitute House Bill 95 of 213
the 125th general assembly;214

       (16) To lease for a period not to exceed forty years, 215
notwithstanding any other division of this section, the 216
state-owned property located at 408-450 East Town Street, 217
Columbus, Ohio, formerly the state school for the deaf, to a 218
developer in accordance with this section. "Developer," as used in 219
this section, has the same meaning as in section 123.77 of the 220
Revised Code.221

       Such a lease shall be for the purpose of development of the 222
land for use by senior citizens by constructing, altering, 223
renovating, repairing, expanding, and improving the site as it 224
existed on June 25, 1982. A developer desiring to lease the land 225
shall prepare for submission to the department a plan for 226
development. Plans shall include provisions for roads, sewers, 227
water lines, waste disposal, water supply, and similar matters to 228
meet the requirements of state and local laws. The plans shall 229
also include provision for protection of the property by insurance 230
or otherwise, and plans for financing the development, and shall 231
set forth details of the developer's financial responsibility.232

       The department may employ, as employees or consultants, 233
persons needed to assist in reviewing the development plans. Those 234
persons may include attorneys, financial experts, engineers, and 235
other necessary experts. The department shall review the 236
development plans and may enter into a lease if it finds all of 237
the following:238

       (a) The best interests of the state will be promoted by 239
entering into a lease with the developer;240

       (b) The development plans are satisfactory;241

       (c) The developer has established the developer's financial 242
responsibility and satisfactory plans for financing the 243
development.244

       The lease shall contain a provision that construction or 245
renovation of the buildings, roads, structures, and other 246
necessary facilities shall begin within one year after the date of 247
the lease and shall proceed according to a schedule agreed to 248
between the department and the developer or the lease will be 249
terminated. The lease shall contain such conditions and 250
stipulations as the director considers necessary to preserve the 251
best interest of the state. Moneys received by the state pursuant 252
to this lease shall be paid into the general revenue fund. The 253
lease shall provide that at the end of the lease period the 254
buildings, structures, and related improvements shall become the 255
property of the state without cost.256

       (17) To manage the use of space owned and controlled by the 257
department, including space in property under the jurisdiction of 258
the Ohio building authority, by doing all of the following:259

       (a) Biennially implementing, by state agency location, a 260
census of agency employees assigned space;261

        (b) Periodically in the discretion of the director of 262
administrative services:263

       (i) Requiring each state agency to categorize the use of 264
space allotted to the agency between office space, common areas, 265
storage space, and other uses, and to report its findings to the 266
department;267

        (ii) Creating and updating a master space utilization plan 268
for all space allotted to state agencies. The plan shall 269
incorporate space utilization metrics.270

        (iii) Conducting a cost-benefit analysis to determine the 271
effectiveness of state-owned buildings;272

        (iv) Assessing the alternatives associated with consolidating 273
the commercial leases for buildings located in Columbus.274

        (c) Commissioning a comprehensive space utilization and 275
capacity study in order to determine the feasibility of 276
consolidating existing commercially leased space used by state 277
agencies into a new state-owned facility.278

       (B) This section and section 125.02 of the Revised Code shall 279
not interfere with any of the following:280

       (1) The power of the adjutant general to purchase military 281
supplies, or with the custody of the adjutant general of property 282
leased, purchased, or constructed by the state and used for 283
military purposes, or with the functions of the adjutant general 284
as director of state armories;285

       (2) The power of the director of transportation in acquiring 286
rights-of-way for the state highway system, or the leasing of 287
lands for division or resident district offices, or the leasing of 288
lands or buildings required in the maintenance operations of the 289
department of transportation, or the purchase of real property for 290
garage sites or division or resident district offices, or in 291
preparing plans and specifications for and constructing such 292
buildings as the director may require in the administration of the 293
department;294

       (3) The power of the director of public safety and the 295
registrar of motor vehicles to purchase or lease real property and 296
buildings to be used solely as locations to which a deputy 297
registrar is assigned pursuant to division (B) of section 4507.011 298
of the Revised Code and from which the deputy registrar is to 299
conduct the deputy registrar's business, the power of the director 300
of public safety to purchase or lease real property and buildings 301
to be used as locations for division or district offices as 302
required in the maintenance of operations of the department of 303
public safety, and the power of the superintendent of the state 304
highway patrol in the purchase or leasing of real property and 305
buildings needed by the patrol, to negotiate the sale of real 306
property owned by the patrol, to rent or lease real property owned 307
or leased by the patrol, and to make or cause to be made repairs 308
to all property owned or under the control of the patrol;309

       (4) The power of the division of liquor control in the 310
leasing or purchasing of retail outlets and warehouse facilities 311
for the use of the division;312

       (5) The power of the director of development to enter into 313
leases of real property, buildings, and office space to be used 314
solely as locations for the state's foreign offices to carry out 315
the purposes of section 122.05 of the Revised Code;316

       (6) The power of the director of environmental protection to 317
enter into environmental covenants, to grant and accept easements, 318
or to sell property pursuant to division (G) of section 3745.01 of 319
the Revised Code.320

       (C) Purchases for, and the custody and repair of, buildings 321
under the management and control of the capitol square review and 322
advisory board, the rehabilitation services commission, the bureau 323
of workers' compensation, or the departments of public safety, job 324
and family services, mental health, developmental disabilities, 325
and rehabilitation and correction; buildings of educational and 326
benevolent institutions under the management and control of boards 327
of trustees; and purchases or leases for, and the custody and 328
repair of, office space used for the purposes of the joint 329
legislative ethics committee are not subject to the control and 330
jurisdiction of the department of administrative services.331

       If the joint legislative ethics committee so requests, the 332
committee and the director of administrative services may enter 333
into a contract under which the department of administrative 334
services agrees to perform any services requested by the committee 335
that the department is authorized under this section to perform.336

       (D) Any instrument by which real property is acquired 337
pursuant to this section shall identify the agency of the state 338
that has the use and benefit of the real property as specified in 339
section 5301.012 of the Revised Code.340

       Sec. 123.24.  The office of the state architect and engineer 341
established under section 121.04 of the Revised Code may enter 342
into a lease-purchase agreement pursuant to section 123.25 of the 343
Revised Code on behalf of a state agency, college, university, or 344
instrumentality, or college preparatory boarding school.345

       Sec. 123.25.  The office of the state architect and engineer 346
established under section 121.04 of the Revised Code may enter 347
into a lease-purchase agreement providing for the construction, 348
renovation, or addition and eventual acquisition of a building or 349
improvements to a building for any state agency. The agreement 350
shall provide for a lease for a series of two-year renewable lease 351
terms totaling not more than thirty years. The agreement shall 352
provide that at the end of the series of lease terms under the 353
agreement, the title to the leased property shall be vested in the 354
state if all obligations of the state under the agreement have 355
been satisfied. Payments under the agreement may be deemed to be, 356
and paid as, current operating expenses. 357

       The office may lease for a period not to exceed thirty years 358
real estate owned by the state to any person or political 359
subdivision of the state approved by the office, provided that the 360
lease requires the lessee under a lease-purchase or 361
lease-leaseback agreement to construct buildings, structures, and 362
other improvements for any public purpose or private use for the 363
benefit of government, or to alter, renovate, repair, expand, and 364
improve the property as the property exists on the date of the 365
lease, and, in conjunction therewith, to grant leases, easements, 366
or licenses for lands under the control of a state agency for a 367
period not to exceed forty years. The lease-leaseback or 368
lease-purchase plan shall provide that at the end of the lease 369
period, the buildings, structures, and related improvements, 370
together with the land on which they are situated, shall become 371
the property of the state without cost. In addition, the lease 372
shall contain provisions requiring the lessee to lease to the 373
state such space in any building or structure on the property that 374
the office considers necessary. 375

       Sec. 123.51.  The state may enter into a sale and leaseback 376
agreement under which the state agrees to convey a state-owned 377
building to a purchaser who is obligated, immediately upon 378
closing, to lease the building back to the state. The sale and 379
leaseback agreement shall obligate the lessor to make improvements 380
to the building, including renovations, energy conservation 381
measures, and other measures that are necessary to improve the 382
functionality and reduce the operating costs of the building.383

       The authority granted by this section is not subject to the 384
limitations imposed by section 123.01 of the Revised Code.385

       Sec. 307.093.  A board of county commissioners may enter into 386
a sale and leaseback agreement under which the board agrees to 387
convey a county-owned building to a purchaser who is obligated, 388
immediately upon closing, to lease the building back to the 389
county. The sale and leaseback agreement shall obligate the lessor 390
to make improvements to the building, including renovations, 391
energy conservation measures, and other measures that are 392
necessary to improve the functionality and reduce the operating 393
costs of the building.394

       The authority granted by this section is not subject to the 395
limitations imposed by sections 307.02 and 307.09 of the Revised 396
Code.397

       Sec. 3709.34. (A) The board of county commissioners or the398
legislative authority of any city may furnish suitable quarters 399
for any board of health or health department having jurisdiction 400
over all or a major part of such county orthat city.401

       (B)(1) Subject to division (B)(6) of this section, a board of 402
county commissioners shall provide office space and utilities 403
through fiscal year 2013 for the board of health having 404
jurisdiction over the county's general health district. 405
Thereafter, subject to division (B)(6) of this section, the board 406
of county commissioners shall make payments as provided in 407
division (B)(3) of this section for the office space and utilities 408
until fiscal year 2018. Starting in fiscal year 2018, the board 409
has no duty to provide the office space or utilities, or to make 410
payments for the office space or utilities, for the board of 411
health of the county's general health district.412

       (2)(a) Not later than the thirtieth day of September 2012, 413
2013, 2014, and 2015, the board of county commissioners shall make 414
a written estimate of the total cost for the ensuing fiscal years 415
2014, 2015, 2016, and 2017, respectively, to provide office space 416
and utilities to the board of health of the county's general 417
health district. The estimate of total cost shall include all of 418
the following:419

       (i) The total square feet of space to be used by the board of 420
health;421

       (ii) The total square feet of any common areas that should be 422
reasonably allocated to the board of health and the method for 423
making this allocation;424

       (iii) The actual cost per square foot for both the space used 425
by and the common areas allocated to the board of health;426

       (iv) An explanation of the method used to determine the 427
actual cost per square foot;428

       (v) The estimated cost of providing utilities, including an 429
explanation of how this cost was determined;430

       (vi) Any other estimated costs the board of county 431
commissioners anticipates will be incurred to provide office space 432
and utilities to the board of health, including a detailed 433
explanation of those costs and the rationale used to determine 434
them.435

       (b) The board of county commissioners shall forward a copy of 436
the estimate of total cost to the director of the board of health 437
not later than the fifth day of October 2012, 2013, 2014, and 438
2015. The director shall review the estimate and, not later than 439
twenty days after its receipt, notify the board of county 440
commissioners that the director agrees with the estimate, or 441
objects to it giving specific reasons for the objections.442

       (c) If the director agrees with the estimate, it shall become 443
the final estimate of total cost. Failure of the director to make 444
objections to the estimate by the twentieth day after its receipt 445
shall be deemed to mean that the director is in agreement with the 446
estimate.447

       (d) If the director timely objects to the estimate and 448
provides specific objections to the board of county commissioners, 449
the board shall review the objections and may modify the original 450
estimate and send a revised estimate of total cost to the director 451
within ten days after receipt of the objections. The director 452
shall respond to a revised estimate within ten days after its 453
receipt. If the director agrees with it, the revised estimate 454
shall become the final estimate of total cost. If the director 455
fails to respond within the ten-day period, the director shall be 456
deemed to have agreed with the revised estimate. If the director 457
disagrees with the revised estimate, the director shall send 458
specific objections to the board of county commissioners within 459
the ten-day period.460

       (e) If the director timely objected to the original estimate 461
or sends specific objections to a revised estimate within the 462
required time, or if there is no revised estimate, the probate 463
judge of the county shall determine the final estimate of total 464
cost and certify this amount to the director and the board of 465
county commissioners before the first day of January 2013, 2014, 466
2015, or 2016, as applicable.467

       (3)(a) Subject to division (B)(6) of this section, a board of 468
county commissioners shall be responsible for the following 469
percentages of the final estimate of total cost established by 470
division (B)(2) of this section:471

       (i) Eighty per cent for fiscal year 2014;472

       (ii) Sixty per cent for fiscal year 2015;473

       (iii) Forty per cent for fiscal year 2016;474

       (iv) Twenty per cent for fiscal year 2017.475

       (b) In fiscal years 2014, 2015, 2016, and 2017, the board of 476
health of the county's general health district shall be 477
responsible for the payment of the remainder of any costs incurred 478
in excess of the amount payable under division (B)(3)(a)(i), (ii), 479
(iii), or (iv) of this section, as applicable, for the provision 480
of office space and utilities for the board of health, including 481
any unanticipated or unexpected increases in costs beyond the 482
final estimate of total cost.483

       (c) Beginning in fiscal year 2018, the board of county 484
commissioners has no obligation to provide office space or 485
utilities, or to make payments for office space or utilities, for 486
the board of health.487

       (4) After fiscal year 2017, the board of county commissioners 488
and the board of health of the county's general health district 489
may enter into a contract for the board of county commissioners to 490
provide office space for the use of the board of health and to 491
provide utilities for that office space. The term of the contract 492
shall not exceed four years and may be renewed for additional 493
periods not to exceed four years.494

       (5) Notwithstanding divisions (B)(1) to (4) of this section, 495
in any fiscal year the board of county commissioners, in its 496
discretion, may provide office space and utilities for the board 497
of health of the county's general health district free of charge.498

       (6) If the board of health of a general health district 499
rents, leases, lease-purchases, or otherwise acquires office space 500
to facilitate the performance of its functions, or constructs, 501
enlarges, renovates, or otherwise modifies buildings or other 502
structures to provide office space to facilitate the performance 503
of its functions, the board of county commissioners of the county 504
served by the general health district has no further obligation 505
under division (B) of this section to provide office space or 506
utilities, or to make payments for office space or utilities, for 507
the board of health, unless the board of county commissioners 508
enters into a contract with the board of health under division 509
(B)(4) of this section, or exercises its option under division 510
(B)(5) of this section.511

       Section 2. That existing sections 123.01 and 3709.34 of the 512
Revised Code are hereby repealed.513

       Section 3.  Section 123.01 of the Revised Code is presented 514
in this act as a composite of the section as amended by both Am. 515
Sub. H.B. 133 and Am. Sub. H.B. 153 of the 129th General Assembly. 516
The General Assembly, applying the principle stated in division 517
(B) of section 1.52 of the Revised Code that amendments are to be 518
harmonized if reasonably capable of simultaneous operation, finds 519
that the composite is the resulting version of the section in 520
effect prior to the effective date of the section as presented in 521
this act.522