As Introduced

136th General Assembly

Regular Session H. B. No. 569

2025-2026

Representatives Hoops, Daniels

To amend sections 319.54, 1923.01, 1923.02, 1923.04, 1923.06, 1923.09, 1923.11, 1923.12, 1923.13, 1923.14, and 4503.0611 of the Revised Code related to abandoned manufactured homes.

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

Section 1. That sections 319.54, 1923.01, 1923.02, 1923.04, 1923.06, 1923.09, 1923.11, 1923.12, 1923.13, 1923.14, and 4503.0611 of the Revised Code be amended to read as follows:

Sec. 319.54. (A) On all moneys collected by the county treasurer on any tax duplicate of the county, other than estate tax duplicates, on all property tax relief reimbursements paid to the county under sections 323.156 and 4503.068 and divisions (F) and (I) of section 321.24 of the Revised Code, and on all moneys received as advance payments of personal property and classified property taxes, the county auditor, on settlement with the treasurer and tax commissioner, on or before the date prescribed by law for such settlement or any lawful extension of such date, shall be allowed as compensation for the county auditor's services the following percentages:

(1) On the first one hundred thousand dollars, two and one-half per cent;

(2) On the next two million dollars, eight thousand three hundred eighteen ten-thousandths of one per cent;

(3) On the next two million dollars, six thousand six hundred fifty-five ten-thousandths of one per cent;

(4) On all further sums, one thousand six hundred sixty-three ten-thousandths of one per cent.

If any settlement is not made on or before the date prescribed by law for such settlement or any lawful extension of such date, the aggregate compensation allowed to the auditor shall be reduced one per cent for each day such settlement is delayed after the prescribed date. No penalty shall apply if the auditor and treasurer grant all requests for advances up to ninety per cent of the settlement pursuant to section 321.34 of the Revised Code. The compensation allowed in accordance with this section on settlements made before the dates prescribed by law, or the reduced compensation allowed in accordance with this section on settlements made after the date prescribed by law or any lawful extension of such date, shall be apportioned ratably by the auditor and deducted from the shares or portions of the revenue payable to the state as well as to the county, townships, municipal corporations, and school districts.

(B) For the purpose of reimbursing county auditors for the expenses associated with the increased number of applications for reductions in real property taxes under sections 323.152 and 4503.065 of the Revised Code that result from the amendment of those sections by Am. Sub. H.B. 119 of the 127th general assembly, there shall be paid from the state's general revenue fund to the county treasury, to the credit of the real estate assessment fund created by section 325.31 of the Revised Code, an amount equal to one per cent of the total annual amount of property tax relief reimbursement paid to that county under sections 323.156 and 4503.068 of the Revised Code for the preceding tax year. Payments made under this division shall be made at the same times and in the same manner as payments made under section 323.156 of the Revised Code.

(C) From all moneys collected by the county treasurer on any tax duplicate of the county, other than estate tax duplicates, on all property tax relief reimbursements paid to the county under sections 323.156 and 4503.068 and divisions (F) and (I) of section 321.24 of the Revised Code, and on all moneys received as advance payments of personal property and classified property taxes, there shall be paid into the county treasury to the credit of the real estate assessment fund created by section 325.31 of the Revised Code, an amount to be determined by the county auditor, which shall not exceed the percentages prescribed in divisions (C)(1) and (2) of this section.

(1) For payments made after June 30, 2007, and before 2011, the following percentages:

(a) On the first five hundred thousand dollars, four per cent;

(b) On the next five million dollars, two per cent;

(c) On the next five million dollars, one per cent;

(d) On all further sums not exceeding one hundred fifty million dollars, three-quarters of one per cent;

(e) On amounts exceeding one hundred fifty million dollars, five hundred eighty-five thousandths of one per cent.

(2) For payments made in or after 2011, the following percentages:

(a) On the first five hundred thousand dollars, four per cent;

(b) On the next ten million dollars, two per cent;

(c) On amounts exceeding ten million five hundred thousand dollars, three-fourths of one per cent.

Such compensation shall be apportioned ratably by the auditor and deducted from the shares or portions of the revenue payable to the state as well as to the county, townships, municipal corporations, and school districts.

(D) Each county auditor shall receive four per cent of the amount of tax collected and paid into the county treasury, on property omitted and placed by the county auditor on the tax duplicate.

(E) On all estate tax moneys collected by the county treasurer, the county auditor, on settlement annually with the tax commissioner, shall be allowed, as compensation for the auditor's services under Chapter 5731. of the Revised Code, two per cent of the amount collected and reported that year in excess of refunds distributed, for the use of the general fund of the county.

(F) On all cigarette license moneys collected by the county treasurer, the county auditor, on settlement semiannually with the treasurer, shall be allowed as compensation for the auditor's services in the issuing of such licenses one-half of one per cent of such moneys, to be apportioned ratably and deducted from the shares of the revenue payable to the county and subdivisions, for the use of the general fund of the county.

(G) The county auditor shall charge and receive fees as follows:

(1) For deeds of land sold for taxes to be paid by the purchaser, five dollars;

(2) For the transfer or entry of land, lot, or part of lot, or the transfer or entry on or after January 1, 2000, of a used manufactured home or mobile home as defined in section 5739.0210 of the Revised Code, fifty cents for each transfer or entry, to be paid by the person requiring it;

(3) For receiving statements of value and administering section 319.202 of the Revised Code, one dollar, or ten cents for each one hundred dollars or fraction of one hundred dollars, whichever is greater, of the value of the real property transferred or, for sales occurring on or after January 1, 2000, the value of the used manufactured home or used mobile home, as defined in section 5739.0210 of the Revised Code, transferred, except no fee shall be charged when the transfer is made:

(a) To or from the United States, this state, or any instrumentality, agency, or political subdivision of the United States or this state;

(b) Solely in order to provide or release security for a debt or obligation;

(c) To confirm or correct a deed previously executed and recorded, or when a current owner is changing the current owner name listed on any record made available to the general public on the internet, or a publicly accessible database, and the general tax list of real and public utility property, and the general duplicate of real and public utility property, to the initials of the current owner as prescribed in division (C)(1) of section 319.28 of the Revised Code;

(d) To evidence a gift, in trust or otherwise and whether revocable or irrevocable, between husband and wife, or parent and child or the spouse of either;

(e) On sale for delinquent taxes or assessments;

(f) Pursuant to court order, to the extent that such transfer is not the result of a sale effected or completed pursuant to such order;

(g) Pursuant to a reorganization of corporations or unincorporated associations or pursuant to the dissolution of a corporation, to the extent that the corporation conveys the property to a stockholder as a distribution in kind of the corporation's assets in exchange for the stockholder's shares in the dissolved corporation;

(h) By a subsidiary corporation to its parent corporation for no consideration, nominal consideration, or in sole consideration of the cancellation or surrender of the subsidiary's stock;

(i) By lease, whether or not it extends to mineral or mineral rights, unless the lease is for a term of years renewable forever;

(j) When the value of the real property or the manufactured or mobile home or the value of the interest that is conveyed does not exceed one hundred dollars;

(k) Of an occupied residential property, including a manufactured or mobile home, being transferred to the builder of a new residence or to the dealer of a new manufactured or mobile home when the former residence is traded as part of the consideration for the new residence or new manufactured or mobile home;

(l) To a grantee other than a dealer in real property or in manufactured or mobile homes, solely for the purpose of, and as a step in, the prompt sale of the real property or manufactured or mobile home to others;

(m) To or from a person when no money or other valuable and tangible consideration readily convertible into money is paid or to be paid for the real estate or manufactured or mobile home and the transaction is not a gift;

(n) Pursuant to division (B) of section 317.22 of the Revised Code, or section 2113.61 of the Revised Code, between spouses or to a surviving spouse pursuant to section 5302.17 of the Revised Code as it existed prior to April 4, 1985, between persons pursuant to section 5302.17 or 5302.18 of the Revised Code on or after April 4, 1985, to a person who is a surviving, survivorship tenant pursuant to section 5302.17 of the Revised Code on or after April 4, 1985, or pursuant to section 5309.45 of the Revised Code;

(o) To a trustee acting on behalf of minor children of the deceased;

(p) Of an easement or right-of-way when the value of the interest conveyed does not exceed one thousand dollars;

(q) Of property sold to a surviving spouse pursuant to section 2106.16 of the Revised Code;

(r) To or from an organization exempt from federal income taxation under section 501(c)(3) of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended, provided such transfer is without consideration and is in furtherance of the charitable or public purposes of such organization;

(s) Among the heirs at law or devisees, including a surviving spouse, of a common decedent, when no consideration in money is paid or to be paid for the real property or manufactured or mobile home;

(t) To a trustee of a trust, when the grantor of the trust has reserved an unlimited power to revoke the trust;

(u) To the grantor of a trust by a trustee of the trust, when the transfer is made to the grantor pursuant to the exercise of the grantor's power to revoke the trust or to withdraw trust assets;

(v) To the beneficiaries of a trust if the fee was paid on the transfer from the grantor of the trust to the trustee or if the transfer is made pursuant to trust provisions which became irrevocable at the death of the grantor;

(w) To a corporation for incorporation into a sports facility constructed pursuant to section 307.696 of the Revised Code;

(x) Between persons pursuant to section 5302.18 of the Revised Code;

(y) From a county land reutilization corporation organized under Chapter 1724. of the Revised Code, or its wholly owned subsidiary, to a third party;

(z) To a mobile park operator under section 1923.12, 1923.13, or 1923.14 of the Revised Code.

(4) For the cost of publishing the delinquent manufactured home tax list, the delinquent tax list, and the delinquent vacant land tax list, a flat fee, as determined by the county auditor, to be charged to the owner of a home on the delinquent manufactured home tax list or the property owner of land on the delinquent tax list or the delinquent vacant land tax list.

The auditor shall compute and collect the fee. The auditor shall maintain a numbered receipt system, as prescribed by the tax commissioner, and use such receipt system to provide a receipt to each person paying a fee. The auditor shall deposit the receipts of the fees on conveyances in the county treasury daily to the credit of the general fund of the county, except that fees charged and received under division (G)(3) of this section for a transfer of real property to a county land reutilization corporation shall be credited to the county land reutilization corporation fund established under section 321.263 of the Revised Code.

The real property transfer fee provided for in division (G)(3) of this section shall be applicable to any conveyance of real property presented to the auditor on or after January 1, 1968, regardless of its time of execution or delivery.

The transfer fee for a used manufactured home or used mobile home shall be computed by and paid to the county auditor of the county in which the home is located immediately prior to the transfer.

Sec. 1923.01. (A) As provided in this chapter, any judge of a county or municipal court or a court of common pleas, within the judge's proper area of jurisdiction, may inquire about persons who make unlawful and forcible entry into lands or tenements and detain them, and about persons who make a lawful and peaceable entry into lands or tenements and hold them unlawfully and by force. If, upon the inquiry, it is found that an unlawful and forcible entry has been made and the lands or tenements are detained, or that, after a lawful entry, lands or tenements are held unlawfully and by force, a judge shall cause the plaintiff in an action under this chapter to have restitution of the lands or tenements.

(B) An action shall be brought under this chapter within two years after the cause of action accrues.

(C) As used in this chapter:

(1) "Tenant" means a person who is entitled under a rental agreement to the use or occupancy of premises, other than premises located in a manufactured home park, to the exclusion of others, except that as used in division (A)(6) of section 1923.02 and section 1923.051 of the Revised Code, "tenant" includes a manufactured home park resident.

(2) "Landlord" means the owner, lessor, or sublessor of premises, or the agent or person the landlord authorizes to manage premises or to receive rent from a tenant under a rental agreement, except, if required by the facts of the action to which the term is applied, "landlord" means a park operator.

(3) "Resident" has the same meaning as in section 4781.01 of the Revised Code.

(4) "Residential premises" has the same meaning as in section 5321.01 of the Revised Code, except, if required by the facts of the action to which the term is applied, "residential premises" has the same meaning as in section 4781.01 of the Revised Code.

(5) "Rental agreement" means any agreement or lease, written or oral, that establishes or modifies the terms, conditions, rules, or other provisions concerning the use or occupancy of premises by one of the parties to the agreement or lease, except that "rental agreement," as used in division (A)(13) of section 1923.02 of the Revised Code and where the context requires as used in this chapter, means a rental agreement as defined in division (D) of section 5322.01 of the Revised Code.

(6) "Controlled substance" has the same meaning as in section 3719.01 of the Revised Code.

(7) "School premises" has the same meaning as in section 2925.01 of the Revised Code.

(8) "Sexually oriented offense" and "child-victim oriented offense" have the same meanings as in section 2950.01 of the Revised Code.

(9) "Recreational vehicle" and "mobile home" have the same meanings as in section 4501.01 of the Revised Code.

(10) "Manufactured home" has the same meaning as in section 3781.06 of the Revised Code.

(11)(10) "Manufactured home park" has the same meaning as in section 4781.01 of the Revised Code and also means any tract of land upon which one or two manufactured or mobile homes used for habitation are parked, either free of charge or for revenue purposes, pursuant to rental agreements between the owners of the manufactured or mobile homes and the owner of the tract of land.

(12)(11) "Park operator" has the same meaning as in section 4781.01 of the Revised Code and also means a landlord of premises upon which one or two manufactured or mobile homes used for habitation are parked, either free of charge or for revenue purposes, pursuant to rental agreements between the owners of the manufactured or mobile homes and a landlord who is not licensed as a manufactured home park operator pursuant to Chapter 4781. of the Revised Code.

(13)(12) "Personal property" means tangible personal property other than a manufactured home, or mobile home, or recreational vehicle that is the subject of an action under this chapter.

(14)(13) "Preschool or child care center premises" has the same meaning as in section 2950.034 of the Revised Code.

(15)(14) "Minor tenant" means a tenant under eighteen years of age who is not emancipated.

(15) "Titled owner" means a person or estate that owns a manufactured or mobile home located in a manufactured home park, regardless of whether the person or estate is entitled to occupy the lot under the rental agreement with the park operator.

Sec. 1923.02. (A) Proceedings under this chapter may be had as follows:

(1) Against tenants or manufactured home park residents holding over their terms;

(2) Against tenants or manufactured home park residents in possession under an oral tenancy, who are in default in the payment of rent as provided in division (B) of this section;

(3) In sales of real estate, on executions, orders, or other judicial process, when the judgment debtor was in possession at the time of the rendition of the judgment or decree, by virtue of which the sale was made;

(4) In sales by executors, administrators, or guardians, and on partition, when any of the parties to the complaint were in possession at the commencement of the action, after the sales, so made on execution or otherwise, have been examined by the proper court and adjudged legal;

(5) When the defendant is an occupier of lands or tenements, without color of title, and the complainant has the right of possession to them;

(6) In any other case of the unlawful and forcible detention of lands or tenements. For purposes of this division, in addition to any other type of unlawful and forcible detention of lands or tenements, such a detention may be determined to exist when both of the following apply:

(a) A tenant fails to vacate residential premises within three days after both of the following occur:

(i) The tenant's landlord has actual knowledge of or has reasonable cause to believe that the tenant, any person in the tenant's household, or any person on the premises with the consent of the tenant previously has or presently is engaged in a violation of Chapter 2925. or 3719. of the Revised Code, or of a municipal ordinance that is substantially similar to any section in either of those chapters, which involves a controlled substance and which occurred in, is occurring in, or otherwise was or is connected with the premises, whether or not the tenant or other person has been charged with, has pleaded guilty to or been convicted of, or has been determined to be a delinquent child for an act that, if committed by an adult, would be a violation as described in this division. For purposes of this division, a landlord has "actual knowledge of or has reasonable cause to believe" that a tenant, any person in the tenant's household, or any person on the premises with the consent of the tenant previously has or presently is engaged in a violation as described in this division if a search warrant was issued pursuant to Criminal Rule 41 or Chapter 2933. of the Revised Code; the affidavit presented to obtain the warrant named or described the tenant or person as the individual to be searched and particularly described the tenant's premises as the place to be searched, named or described one or more controlled substances to be searched for and seized, stated substantially the offense under Chapter 2925. or 3719. of the Revised Code or the substantially similar municipal ordinance that occurred in, is occurring in, or otherwise was or is connected with the tenant's premises, and states the factual basis for the affiant's belief that the controlled substances are located on the tenant's premises; the warrant was properly executed by a law enforcement officer and any controlled substance described in the affidavit was found by that officer during the search and seizure; and, subsequent to the search and seizure, the landlord was informed by that or another law enforcement officer of the fact that the tenant or person has or presently is engaged in a violation as described in this division and it occurred in, is occurring in, or otherwise was or is connected with the tenant's premises.

(ii) The landlord gives the tenant the notice required by division (C) of section 5321.17 of the Revised Code.

(b) The court determines, by a preponderance of the evidence, that the tenant, any person in the tenant's household, or any person on the premises with the consent of the tenant previously has or presently is engaged in a violation as described in division (A)(6)(a)(i) of this section.

(7) In cases arising out of Chapter 5313. of the Revised Code. In those cases, the court has the authority to declare a forfeiture of the vendee's rights under a land installment contract and to grant any other claims arising out of the contract.

(8) Against tenants who have breached an obligation that is imposed by section 5321.05 of the Revised Code, other than the obligation specified in division (A)(9) of that section, and that materially affects health and safety. Prior to the commencement of an action under this division, notice shall be given to the tenant and compliance secured with section 5321.11 of the Revised Code.

(9) Against tenants who have breached an obligation imposed upon them by a written rental agreement;

(10) Against manufactured home park residents who have defaulted in the payment of rent or breached the terms of a rental agreement with a park operator. Nothing in this division precludes the commencement of an action under division (A)(12) of this section when the additional circumstances described in that division apply.

(11) Against manufactured home park residents who have committed two material violations of the rules of the manufactured home park, of the division of industrial compliance of the department of commerce, or of applicable state and local health and safety codes and who have been notified of the violations in compliance with section 4781.45 of the Revised Code;

(12) Against a manufactured home park resident, or the estate of a manufactured home park resident, who as a result of death or otherwise has been absent from the manufactured home park for a period of thirty consecutive days prior to the commencement of an action under this division and whose manufactured home or mobile home, or recreational vehicle that is parked in the manufactured home park, has been left unoccupied for that thirty-day period, without notice to the park operator and without payment of rent due under the rental agreement with the park operator;

(13) Against occupants of self-service storage facilities, as defined in division (A) of section 5322.01 of the Revised Code, who have breached the terms of a rental agreement or violated section 5322.04 of the Revised Code;

(14) Against any resident or occupant who, pursuant to a rental agreement, resides in or occupies residential premises located within one thousand feet of any school premises, preschool or child care center premises, children's crisis care facility premises, or residential infant care center premises and to whom both of the following apply:

(a) The resident's or occupant's name appears on the state registry of sex offenders and child-victim offenders maintained under section 2950.13 of the Revised Code.

(b) The state registry of sex offenders and child-victim offenders indicates that the resident or occupant was convicted of or pleaded guilty to a sexually oriented offense or a child-victim oriented offense in a criminal prosecution and was not sentenced to a serious youthful offender dispositional sentence for that offense.

(15) Against any tenant who permits any person to occupy residential premises located within one thousand feet of any school premises, preschool or child care center premises, children's crisis care facility premises, or residential infant care center premises if both of the following apply to the person:

(a) The person's name appears on the state registry of sex offenders and child-victim offenders maintained under section 2950.13 of the Revised Code.

(b) The state registry of sex offenders and child-victim offenders indicates that the person was convicted of or pleaded guilty to a sexually oriented offense or a child-victim oriented offense in a criminal prosecution and was not sentenced to a serious youthful offender dispositional sentence for that offense.

(B) If a tenant or manufactured home park resident holding under an oral tenancy is in default in the payment of rent, the tenant or resident forfeits the right of occupancy, and the landlord may, at the landlord's option, terminate the tenancy by notifying the tenant or resident, as provided in section 1923.04 of the Revised Code, to leave the premises, for the restitution of which an action may then be brought under this chapter.

(C)(1) If a tenant or any other person with the tenant's permission resides in or occupies residential premises that are located within one thousand feet of any school premises, children's crisis care facility premises, or residential infant care center premises and is a resident or occupant of the type described in division (A)(14) of this section or a person of the type described in division (A)(15) of this section, the landlord for those residential premises, upon discovery that the tenant or other person is a resident, occupant, or person of that nature, may terminate the rental agreement or tenancy for those residential premises by notifying the tenant and all other occupants, as provided in section 1923.04 of the Revised Code, to leave the premises.

(2) If a landlord is authorized to terminate a rental agreement or tenancy pursuant to division (C)(1) of this section but does not so terminate the rental agreement or tenancy, the landlord is not liable in a tort or other civil action in damages for any injury, death, or loss to person or property that allegedly result from that decision.

(D) This chapter does not apply to a student tenant as defined by division (H) of section 5321.01 of the Revised Code when the college or university proceeds to terminate a rental agreement pursuant to section 5321.031 of the Revised Code.

(E) The titled owner of the manufactured or mobile home shall be joined as a defendant in any proceeding under this chapter against a manufactured home park resident who is not the titled owner of the manufactured or mobile home.

(F) As used in this section, "children's crisis care facility premises" and "residential infant care center premises" have the same meanings as in section 2950.034 of the Revised Code.

Sec. 1923.04. (A) Except as provided in division (B) or ,(C), or (D) of this section, a party desiring to commence an action under this chapter shall notify the adverse party to leave the premises, for the possession of which the action is about to be brought, three or more days before beginning the action, by certified mail, return receipt requested, or by handing a written copy of the notice to the defendant in person, or by leaving it at the defendant's usual place of abode or at the premises from which the defendant is sought to be evicted.

Every notice given under this section by a landlord to recover residential premises shall contain the following language printed or written in a conspicuous manner: "You are being asked to leave the premises. If you do not leave, an eviction action may be initiated against you. If you are in doubt regarding your legal rights and obligations as a tenant, it is recommended that you seek legal assistance."

(B) The service of notice pursuant to section 5313.06 of the Revised Code constitutes compliance with the notice requirement of division (A) of this section. The service of the notice required by division (C) of section 5321.17 of the Revised Code constitutes compliance with the notice requirement of division (A) of this section.

(C) If the adverse party in an action under this chapter is a deceased resident of a manufactured home park, the notice required by division (A) of this section shall be left at the premises from which the defendant is sought to be evicted and also shall be sent by ordinary mail to the following persons if their names and addresses are known to the park operator:

(1) If a probate court has granted letters testamentary or of administration for the estate of the adverse party in accordance with Title XXI of the Revised Code, the executor or administrator appointed by the probate court;

(2) The deceased resident's spouse and any other members of the deceased resident's immediate family.

(D) If the adverse party in an action under this chapter is a titled owner, the notice required by division (A) of this section shall be left at the premises from which the defendant is sought to be evicted and also shall be sent by ordinary mail to the titled owner if the titled owner's name and address is known to the park operator.

Sec. 1923.06. (A) Any summons in an action, including a claim for possession, pursuant to this chapter shall be issued, be in the form specified, and be served and returned as provided in this section. Such service shall be at least seven days before the day set for trial.

(B) Every summons issued under this section to recover residential premises shall contain the following language printed in a conspicuous manner: "A complaint to evict you or the resident of your manufactured or mobile home has been filed with this court. No person shall be evicted unless the person's right to possession has ended and no person shall be evicted in retaliation for the exercise of the person's lawful rights. If you are depositing rent with the clerk of this court you shall continue to deposit such rent until the time of the court hearing. The failure to continue to deposit such rent may result in your eviction. You may request a trial by jury. You have the right to seek legal assistance. If you cannot afford a lawyer, you may contact your local legal aid or legal service office. If none is available, you may contact your local bar association."

(C) The clerk of the court in which a complaint to evict is filed shall mail any summons by ordinary mail, along with a copy of the complaint, document, or other process to be served, to the defendant at the address set forth in the caption of the summons and to any address set forth in any written instructions furnished to the clerk. The mailing shall be evidenced by a certificate of mailing which the clerk shall complete and file.

In addition to this ordinary mail service, the clerk also shall cause service of that process to be completed under either of the following:

(1) Division (D) or (E) of this section or both, depending upon which of those two methods of service is requested by the plaintiff upon filing the complaint to evict;

(2) Division (F) of this section if the action relates to a deceased manufactured home park resident.

(D)(1) If requested, the clerk shall deliver sufficient copies of the summons, complaint, document, or other process to be served to, and service shall be made by, one of the following persons:

(a) The sheriff of the county in which the premises are located when the process issues from a court of common pleas or county court;

(b) The bailiff of the court for service when process issues from a municipal court;

(c) Any person who is eighteen years of age or older, who is not a party, and who has been designated by order of the court to make service of process when process issues from any of the courts referred to in divisions (D)(1)(a) and (b) of this section.

(2) The person serving process shall effect service at the premises that are the subject of the forcible entry and detainer action by one of the following means:

(a) By locating the person to be served at the premises to tender a copy of the process and accompanying documents to that person;

(b) By leaving a copy of the summons, complaint, document, or other process with a person of suitable age and discretion found at the premises if the person to be served cannot be found at the time the person making service attempts to serve the summons pursuant to division (D)(2)(a) of this section;

(c) By posting a copy in a conspicuous place on the subject premises if service cannot be made pursuant to divisions (D)(2)(a) and (b) of this section.

(3) Within five days after receiving the summons, complaint, document, or other process from the clerk for service, the person making service shall return the process to the clerk. The person shall indicate on the process which method described in division (D)(2) of this section was used to serve the summons. The clerk shall make the appropriate entry on the appearance docket.

(E) If requested, the clerk shall mail by certified mail, return receipt requested, a copy of the summons, complaint, document, or other process to be served to the address set forth in the caption of the summons and to any address set forth in any written instructions furnished to the clerk.

(F)(1) If the person to be evicted in an action pursuant to this chapter is a deceased manufactured home park resident, the plaintiff shall provide to the clerk the following information:

(a) If the plaintiff knows that a probate court has granted letters testamentary or of administration for the estate of the deceased resident, the name and address of the probate court, the case number of the estate, and the name and address of the executor or administrator appointed by the probate court;

(b) If the plaintiff knows that a probate court has not granted letters testamentary or of administration for the estate of the deceased resident or does not know whether or not a probate court has granted letters testamentary or of administration for the estate, the names and addresses of the deceased resident's spouse and any other members of the deceased resident's immediate family that are known to the plaintiff;

(c) If the plaintiff does not possess the information set forth in division (F)(1)(a) or (b) of this section, an affidavit from the plaintiff stating that the plaintiff does not possess the information.

(2)(a) Upon receipt from the plaintiff of the information set forth in division (F)(1)(a) of this section, the clerk shall mail by certified mail, return receipt requested, a copy of the summons, complaint, document, or other process to be served to the address of the executor or administrator appointed by the probate court.

(b) Upon receipt from the plaintiff of the information set forth in division (F)(1)(b) or (c) of this section, the clerk shall do both of the following:

(i) Mail by ordinary mail and by certified mail, return receipt requested, a copy of the summons, complaint, document, or other process to be served to the persons and addresses provided by the plaintiff, if any. The ordinary mail mailing shall be evidenced by a certificate of mailing that the clerk shall complete and file.

(ii) Cause service of notice to be made by publication in a newspaper of general circulation in the county in which the complaint is filed. The publication shall set forth the name and address of the court, the case number, the name and address of the plaintiff or the plaintiff's attorney, and the name and address of the deceased manufactured home park resident. The publication shall describe the premises entered upon and detained, shall contain a summary statement of the object of the eviction complaint against the deceased resident, and shall state that the claim for restitution of the premises shall be scheduled for a hearing in accordance with local court rules, but in no event sooner than the seventh day from the date service is complete. The clerk shall cause the publication to be published at least once a week for two weeks.

(G) Service of process shall be deemed complete on the date that any of the following has occurred:

(1) Service is made pursuant to division (D)(2)(a) or (b) of this section.

(2) Both ordinary mail service under division (C) and service by posting pursuant to division (D)(2)(c) of this section have been made.

(3) For service performed pursuant to division (E) or (F)(2)(a) of this section, on the date of mailing, if on the date of the hearing either of the following applies:

(a) The certified mail has not been returned for any reason other than refused or unclaimed.

(b) The certified mail has not been endorsed, and the ordinary mail has not been returned.

(4) For service performed under division (F)(2)(b) of this section, on the date of mailing under division (F)(2)(b)(i) of this section or on the date of the last publication under division (F)(2)(b)(ii) of this section, whichever is later, if on the date of the hearing, either of the following applies:

(a) The certified mail has not been returned for any reason other than refused or unclaimed.

(b) The certified mail has not been endorsed, and the ordinary mail has not been returned.

(H)(1) The claim for restitution of the premises shall be scheduled for hearing in accordance with local court rules, but in no event sooner than the seventh day from the date service is complete.

(2) Answer day for any other claims filed with the claim for possession shall be twenty-eight days from the date service is deemed complete under this section.

(I) As used in this section, "immediate family" means a person's spouse, brothers and sisters of the whole or half blood, children, including adopted children and stepchildren, parents, and grandparents.

Sec. 1923.09. (A) If an action under this chapter is not continued, the place of trial is not changed, and neither party demands a jury on the return day of the summons, a judge of the court shall try the cause. After hearing the evidence, if the judge concludes that the complaint is not true, the judge shall enter judgment against the plaintiff for costs. If the judge finds the complaint to be true, the judge shall render a general judgment against the defendant, in favor of the plaintiff, for restitution of the premises and costs of suit. If the judge finds the complaint true in part, the judge shall render a judgment for restitution of that part only, and the costs shall be taxed as the judge considers just.

(B) If a judgment is entered under this section in favor of a plaintiff who is a park operator, and upon a subsequent entry for disposition of a manufactured home or mobile home, the judge shall include in the judgment entry authority for the plaintiff to permit, in accordance with section 1923.12 and division (B) of section 1923.13 and division (B) of section 1923.14 of the Revised Code, the removal from the manufactured home park and potential sale, destruction, or transfer of ownership of the defendant's manufactured home, mobile home, or recreational vehicle.

Sec. 1923.11. (A) The court shall enter the verdict rendered by a jury under section 1923.10 of the Revised Code upon the docket, and render judgment in the action as if the facts, authorizing the finding of the verdict, had been found by the court itself.

(B) If a judgment is entered under this section in favor of a plaintiff who is a park operator, the judge shall include in the judgment entry authority for the plaintiff to permit, in accordance with section 1923.12 and division (B) of section 1923.13 and division (B) of section 1923.14 of the Revised Code, the removal from the manufactured home park and potential sale, destruction, or transfer of ownership of the defendant's manufactured home, or mobile home, or recreational vehicle.

Sec. 1923.12. (A) If a resident or a resident's estate the titled owner of a manufactured home or mobile home has been evicted from a manufactured home park pursuant to a judgment entered under section 1923.09 or 1923.11 of the Revised Code and if the resident titled owner or the titled owner's estate has abandoned or otherwise left unoccupied the resident's titled owner's manufactured home, or mobile home, or recreational vehicle on the residential premises of the manufactured home park for a period of three days following the entry of the judgment, the operator of the manufactured home park operator may provide to the titled owner of the home or vehicle a written notice to remove the manufactured home or vehicle or mobile home from the manufactured home park within fourteen days from after the date of the delivery of the notice. The park operator shall deliver or cause the delivery of the notice by personal delivery to posting it to the door of the manufactured home or mobile home that is the subject of the owner notice or by ordinary mail sent to the last known address of the titled owner. Except as provided in divisions division (D) and (E) of this section, if the titled owner of the manufactured home, or mobile home, or recreational vehicle does not remove it or cause it to be removed from the manufactured home park within fourteen days from after the date of the delivery of the notice, the park operator may follow the procedures of division (B) of section 1923.13 and division (B) of section 1923.14 of the Revised Code to permit the removal of the home or vehicle from the manufactured home park, and the potential sale, destruction, or transfer of ownership of the home or vehicle, at the discretion of the manufactured home park operator.

(B) Every notice provided to the titled owner of a manufactured home, or mobile home, or recreational vehicle under this section shall contain the following language printed in a conspicuous manner: "You are being asked to remove your manufactured home, or mobile home, or recreational vehicle from the residential premises of __________, a manufactured home park, in accordance with a judgment of eviction entered in __________ court on __________ against ___________. If the manufactured home, or mobile home, or recreational vehicle is not removed from the manufactured home park within fourteen days from after the date of delivery of this notice, the home or vehicle may be sold or destroyed, or its title may be transferred to __________, pursuant to division (B) of both sections 1923.13 and 1923.14 of the Revised Code. If you are in doubt regarding your legal rights, it is recommended that you seek legal assistance."

(C)(1) Before requesting a writ of execution an order of the court under division (B) of section 1923.13 of the Revised Code, the park operator shall conduct or cause to be conducted a search of the appropriate public records that relate to the manufactured home, or mobile home, or recreational vehicle, and make or cause to be made reasonably diligent inquiries, for the purpose of identifying any persons other than the titled owner who have an outstanding right, title, or interest in the home or vehicle. The clerk of courts shall provide the title information upon a request made pursuant to this section.

(2) If the search or inquiries pursuant to division (C)(1) of this section reveal any person other than the titled owner who has an outstanding right, title, or interest in the manufactured home, or mobile home, or recreational vehicle, the park operator shall provide by ordinary mail to the last known address of the person a written notice to remove the home or vehicle from the manufactured home park or arrange for the sale of the home or vehicle within that the person has twenty-one days from after the date of the delivery of the notice to preserve the person's ownership interest in the home by paying to the park owner any outstanding rent and storage fees. Such a person forfeits any further action on the title to the home following the twenty-first day after delivery of the notice unless rent and storage fees are paid to the manufactured home park operator. The notice shall also specify the amount of fees owed, the method by which to pay the fees, and information on how to contact the titled owner for the sale or removal of the home.

The notice shall contain the following language printed in a conspicuous manner: "You are being asked to removepay outstanding fees in the amount of _______ for the manufactured home, or mobile home, or recreational vehicle that you have an outstanding right, title, or interest in from the residential premises of __________, a manufactured home park, in accordance with a judgment of eviction entered in __________ court on __________ against ___________. If outstanding fees related to the manufactured home, or mobile home, or recreational vehicle is are not removed from the manufactured home park paid within twenty-one days from the date of delivery of this notice, the home or vehicle may be sold or destroyed, or its title may be transferred to __________, pursuant to division (B) of both sections 1923.13 and 1923.14 of the Revised Code. Outstanding fees may be paid to _______. The titled owner may be contacted at _________. If you are in doubt regarding your legal rights, it is recommended that you seek legal assistance."

The park operator shall deliver or cause the delivery of the notice by personal delivery to the person or by ordinary mail sent to the last known address of the person. If a sale of the home or vehicle is arranged by the person having an interest in the home other than the titled owner of the home, the person seller shall pay any rent due to the park operator during the pendency of the sale. If the person having an interest in the home does not remove the home or vehicle or arrange for its sale within twenty-one days from the date of the delivery of the notice, the park operator may follow the procedures of division (B) of section 1923.13 and division (B) of section 1923.14 of the Revised Code to permit the removal of the home or vehicle from the manufactured home park, and the potential sale, destruction, or transfer of ownership of the home or vehicle.

(3) If the search or inquiries reveal no person who has an outstanding right, title, or interest in the manufactured home, or mobile home, or recreational vehicle, the park operator may follow the procedures of division (B) of section 1923.13 and division (B) of section 1923.14 of the Revised Code to permit the removal of the home or vehicle from the manufactured home park, and the potential sale, destruction, or transfer of ownership of the home or vehicleat the discretion of the park operator without limitation by the court.

(D)(D)(1) If a probate court grants administration with respect to the titled owner's estate, and the executor or administrator does not pay rent or storage fees before the manufactured or mobile home is removed from the manufactured home park or sold by a person having an interest in the home in accordance with this section, the titled owner's estate forfeits its interest in the home. When a deceased resident titled owner or a resident's titled owner's estate has been evicted from a manufactured home park pursuant to a judgment entered under section 1923.09 or 1923.11 of the Revised Code, the removal from the park and potential sale, destruction, or transfer of ownership of the resident's manufactured home, or mobile home, or recreational vehicle and any personal property abandoned on the residential premises shall be conducted in the manner prescribed by the probate court in which letters testamentary or of administration have been granted for the estate in accordance with Title XXI of the Revised Code. The park operator may store the resident's manufactured home, or mobile home, or recreational vehicle at a storage facility or at another location within the manufactured home park during the administration of the estate. The park operator shall notify the executor or administrator of the resident's titled owner's estate where the manufactured home, or mobile home, or recreational vehicle will be stored during the administration of the estate and of rent that continues to accrue. The costs for the removal and storage of the manufactured home, or mobile home, or recreational vehicle shall be a claim against the resident's titled owner's estate without further presentation of the claim to the executor or administrator.

(E)(1) When the resident who has been evicted from a manufactured home park pursuant to a judgment entered under section 1923.09 or 1923.11 of the Revised Code is the titled owner of a manufactured home, mobile home, or recreational vehicle and is or becomes deceased prior to the removal of the home or vehicle from the manufactured home park, and (2) If no probate court has granted administration with respect to the resident's titled owner's estate within ninety twenty-one days of after the deceased's deathnotification to remove the home is provided pursuant to division (A) of this section, the park operator may store the home or vehicle at a storage facility or at another location within the manufactured home park before and after a probate court grants letters testamentary or of administration with respect to the resident's estate pursuant to Title XXI of the Revised Codefile a request for an order of the court for title to the home.

(2) If a probate court grants administration with respect to the resident's estate within ninety days of the date of the eviction of the resident from the park, the removal of the manufactured home, mobile home, or recreational vehicle from the park and potential sale, destruction, or transfer of ownership of the home or vehicle shall be conducted pursuant to division (D) of this section.

(3) If no probate court grants administration with respect to the resident's estate within ninety days of the date of the eviction of the resident from the manufactured home park pursuant to a judgment entered under section 1923.09 or 1923.11 of the Revised Code, the park operator shall conduct or cause to be conducted a search of the appropriate public records that relate to the manufactured home, mobile home, or recreational vehicle, and make or cause to be made reasonably diligent inquiries, for the purpose of identifying any persons who have an outstanding right, title, or interest in the home or vehicle.

(a) If the search or inquiries pursuant to division (E)(3) of this section reveal any person who has an outstanding right, title, or interest in the manufactured home, mobile home, or recreational vehicle, the park operator shall provide to the person a written notice to remove the home or vehicle from the manufactured home park or arrange for the sale of the home or vehicle within twenty-one days from the date of the delivery of the notice. The notice shall be in the form described in division (C)(2) of this section. The park operator shall deliver or cause the delivery of the notice by personal delivery to the person or by ordinary mail sent to the last known address of the person. If a sale of the home or vehicle is arranged, the person shall pay any rent due to the park operator during the pendency of the sale. If the person does not remove the home or vehicle or arrange for its sale within twenty-one days from the date of the delivery of the notice, the park operator may follow the procedures of division (B) of section 1923.13 and division (B) of section 1923.14 of the Revised Code to permit the removal of the home or vehicle from the manufactured home park, and the potential sale, destruction, or transfer of ownership of the home or vehicle.

(b) If the search or inquiries reveal no person who has an outstanding right, title, or interest in the manufactured home, mobile home, or recreational vehiclethat the titled owner is deceased, the park operator shall publish notice of a petition for a writ of execution court order in a newspaper of general circulation in the county where the home or vehicle has been abandoned. The publication shall contain the name of the deceased and the last known address of the home or vehicle and shall run once a week for two consecutive weeks. The park operator shall provide to the clerk of the court written certification by the newspaper of the dates of the publication and an affidavit signed by the operator attesting to the publication. The park operator may then follow the procedures of division (B) of section 1923.13 and division (B) of section 1923.14 of the Revised Code to permit the removal of the home or vehicle from the manufactured home park, and the potential sale, destruction, or transfer of ownership of the home or vehicleat the discretion of the park operator without limitation by the court.

(E)(1) A park operator that seeks to acquire title to an abandoned manufactured or mobile home under this section shall submit to the county auditor an affidavit stating that the home is abandoned, whether the home is valued at ten thousand dollars or less, the date of the eviction judgment, and all persons with an outstanding interest in the home other than the titled owner.

(2) If the county auditor agrees with the stated value on the affidavit, the county auditor shall sign a certification of the original affidavit attesting to the agreement of the value of the manufactured home or mobile home and return the affidavit to the park operator within thirty days after receipt. Electronic submission to the county auditor by the park operator of the affidavit and certification is satisfactory for the purposes of this section.

(3) If the county auditor disagrees with the stated value on the affidavit, the county auditor shall notify the park operator of the disagreement within thirty days after receipt of the affidavit. The park operator may submit additional materials in support of the stated value on the affidavit consistent with industry valuation standards within ten days after receipt of the notice of the disagreement. If the park operator submits additional materials in support of the stated value on the affidavit, then after reviewing the additional materials submitted, the county auditor shall do one of the following:

(a) If the county auditor agrees with the stated value on the affidavit, the county auditor shall sign a certification attesting to the agreement of the value of the manufactured home or mobile home and return the original affidavit to the park operator within ten days after receipt of the additional materials.

(b) If the county auditor continues to disagree with the stated value on the affidavit, the county auditor shall notify the park operator of the continued disagreement within ten days of receipt of the additional materials. The park operator may appeal to the court for a ruling on the disagreement pursuant to court rule. A hearing on the value of the manufactured or mobile home shall not require a certified appraiser.

(4) A certification under this section by the county auditor respecting the value of a mobile home or manufactured home shall not be construed as an official appraisal of the home for tax purposes and is not admissible in any proceeding before a board of revision or board of tax appeals.

(F) If the county auditor does not timely certify or respond to an affidavit of a park operator as required by this section, the park operator may submit the affidavit to the court with verification by the park operator that the county auditor has failed to respond to requests for certification, and the court shall proceed upon the sworn affidavit of the park operator without certification.

(G) A park operator that knowingly falsifies information on the affidavit under this section is guilty of falsification under section 2921.13 of the Revised Code.

Sec. 1923.13. (A) When a judgment of restitution is entered by a court in an action under this chapter, unless the plaintiff or the plaintiff's agent or attorney proceeds under division (B) of this section, at the request of the plaintiff or the plaintiff's agent or attorney, that court shall issue a writ of execution restitution on the judgment, in the following form, as near as practicable:

"The state of Ohio, ________________________ county: To any constable or police officer of ___________________ township, city, or village; or To the sheriff of _______________________________ county; or To any authorized bailiff of the ____________ (name of court):

Whereas, in a certain action for the forcible entry and detention (or the forcible detention, as the case may be), of the following described premises, to wit: ____________, lately tried before this court, wherein _______________ was plaintiff, and __________ was defendant, ______________ judgment was rendered on the ________ day of ____________, ____________, that the plaintiff have restitution of those premises; and also that the plaintiff recover costs in the sum of ______________ You therefore are hereby commanded to cause the defendant to be forthwith removed from those premises, and the plaintiff to have restitution of them; also, that you levy of the goods and chattels of the defendant, and make the costs previously mentioned and all accruing costs, and of this writ make legal service and due return.

Witness my hand, this _______ day of _____, _________ __________________________ Judge, __________ (Name of court)"

(B) (B)(1) When a judgment of restitution is entered by a court in any action under this chapter against a titled owner of an abandoned manufactured or mobile home park resident or the estate of a titled owner of an abandoned manufactured or mobile home park resident, at the request of the plaintiff or the plaintiff's agent or attorneyif the manufactured or mobile home has a value of less than ten thousand dollars as determined by affidavit of the park operator and affirmed by certification of the county auditor, and if the park operator has met all notice requirements under section 1923.12 of the Revised Code, that court shall issue a writ of execution an order on the judgment, in the following form, as near as practicable:

"The state of Ohio, __________ county; To any constable or police officer of __________ township, city, or village; or To the sheriff of __________ county; or To any authorized bailiff of the __________ (name of court):

"To the clerk of courts, title division:

Whereas, in a certain action for eviction of a resident titled owner or a resident's titled owner's estate from the following described residential premises of a manufactured home park on which the following described manufactured home, or mobile home, or recreational vehicle is located, to wit: __________, lately tried before this court, wherein __________ was plaintiff, and __________ was defendant, __________ judgment in forcible entry and detention was rendered on the __________ day of __________, __________, that the plaintiff have restitution of the premises and also that the plaintiff recover costs in the sum of ___________ You therefore are hereby authorized to cause the defendant to be removed and set out from the residential premises, if the defendant holds over on the premises subsequent to an eviction judgment against the defendant. In accordance with division (A) of section 1923.12 of the Revised Code, three days after the eviction judgment, the plaintiff is hereby commanded to post a fourteen-day notice to the defendant to sell or remove the manufactured home, mobile home, or recreational vehicle from the premises, at the defendant's costs. If the manufactured home, mobile home, or recreational vehicle is not sold or removed by the defendant at the expiration of the fourteen-day notice, it is hereby ordered that the defendant forfeits the right to the manufactured home, mobile home, or recreational vehicle and the plaintiff is hereby authorized to exercise the rights set forth herein. Also, you are to levy of the goods and chattels of the defendant, and make the costs previously mentioned and all accruing costs, and of this writ make legal service and due return.

Further, you are authorized to cause the manufactured home, mobile home, or recreational vehicle, and all personal property on the residential premises, to be retained at their current location on the residential premises, until they are disposed of in a manner authorized by this writ or the law of this state.

If the manufactured home, mobile home, or recreational vehicle has been abandoned by the defendant, the park operator is hereby commanded to submit a notarized affidavit to the county auditor of the county where the park is located listing the titled owner, address, serial number, and the value of the manufactured home, mobile home, or recreational vehicle. Within fifteen days after receipt of the affidavit, the county auditor is hereby commanded to confirm whether the county auditor agrees or disagrees with the stated value on the affidavit. Either of the following shall apply:

(1) If the county auditor agrees with the stated value on the affidavit, the county auditor is hereby commanded to sign the original affidavit attesting to the agreement of the value of the manufactured home, mobile home, or recreational vehicle and return the original affidavit to the park operator within fifteen days after receipt of the affidavit from the park operator.

(2) If the county auditor disagrees with the stated value on the affidavit, the county auditor is hereby commanded to notify the park operator of the disagreement within fifteen days after receipt of the affidavit. The park operator is hereby authorized to submit additional materials in support of the stated value on the affidavit consistent with industry valuation standards within ten days after receipt of the notice of the disagreement. If the park operator submits additional materials in support of the stated value on the affidavit, then after reviewing the additional materials submitted, either of the following shall apply:

(a) If the county auditor agrees with the stated value on the affidavit, the county auditor is hereby commanded to sign the original affidavit attesting to the agreement of the value of the manufactured home, mobile home, or recreational vehicle and return the original affidavit to the park operator within ten days after receipt of the additional materials.

(b) If the county auditor continues to disagree with the stated value on the affidavit, the county auditor is hereby commanded to notify the park operator of the continued disagreement within ten days of receipt of the additional material and return the original affidavit to the park operator. The park operator is hereby authorized to appeal to this court for a ruling on the disagreement pursuant to court rule.

The park operator is hereby commanded to submit to this court the affidavit signed by the county auditor stating the value of the manufactured home, mobile home, or recreational vehicle, which shall be deemed to be the park operator's sworn testimony. If the park operator knowingly falsifies information on the affidavit the park operator shall be guilty of falsification under divisions (A)(1), (3), and (6) of section 2921.13 of the Revised Code.

If the manufactured home, mobile home, or recreational vehicle has been so abandoned and has a value of more than three thousand dollars, and the requirements of section 1923.12 of the Revised Code have been satisfied, you are hereby authorized to cause the sale of the home or vehicle and personal property in the home or vehicle in accordance with division (B)(3) of section 1923.14 of the Revised Code. If you are unable to sell the manufactured home, mobile home, or recreational vehicle due to a want of bidders, after it is offered for sale on two occasions, you are hereby commanded to cause the presentation of this writ to a clerk of the court of common pleas title division for the issuance of a certificate of title transferring the title of the home or vehicle to the plaintiff, free and clear of all security interests, liens, and encumbrances, in accordance with division (B)(3) of section 1923.14 of the Revised Code.

If the manufactured home, mobile home, or recreational vehicle has been so abandoned and has a value of three thousand dollars or less and if the requirements of section 1923.12 of the Revised Code have been satisfied, you are hereby authorized to cause the presentation of this writ to a clerk of the court of common pleas title division for the issuance of a certificate of title transferring the title of the home or vehicle to the plaintiff, free and clear of all security interests, liens, and encumbrances in accordance with division (B)(4) of section 1923.14 of the Revised Code.

Upon this writ's presentation by the levying officer to a clerk of the court of common pleas title division under the circumstances described in either of the two preceding paragraphs and in accordance with division (B)(3) or (4) of section 1923.14 of the Revised Code, as applicable, the clerk is hereby commanded to issue a certificate of title transferring the title of the manufactured home, mobile home, or recreational vehicle to the plaintiff, free and clear of all security interests, liens, and encumbrances, in the manner prescribed in section 4505.10 of the Revised Code. Plaintiff has established by sworn affidavit that all requirements of section 1923.12 of the Revised Code have been met. The search for all parties of interest has been reasonably completed and all notices given as required by that section. Plaintiff has established just grounds for the value of the manufactured or mobile home to be less than ten thousand dollars, the value of which is affirmed by certification of the county auditor. Plaintiff is authorized to cause the manufactured or mobile home, and all personal property and vehicles of the defendant on the residential premises, to be, at the option of the plaintiff: (1) destroyed or removed from the manufactured home park, (2) retained at its current location on the residential premises, or (3) sold by the plaintiff. If the manufactured or mobile home is destroyed by the plaintiff, the plaintiff shall submit to the county auditor a destroyed manufactured or mobile home form detailing the date of destruction and location of the manufactured or mobile home destroyed. If the manufactured or mobile home is retained at its current location or sold by the plaintiff, the plaintiff shall notify the county auditor and the clerk of courts, title division.

To the clerk of courts, ____ county:

You are hereby commanded to issue a certificate of title transferring the title of the manufactured or mobile home to plaintiff, free and clear of all liens, encumbrances, taxes, security interests, and other interests in the manner prescribed by section 4505.10 of the Revised Code. The manufactured or mobile home is described as a ____ (year, model) with a serial number of ____, title number ____.

Witness my hand, this __________ day of __________, __________, __________ Judge, __________ (Name of court)."

(2) When a judgment of restitution is entered by a court in any action under this chapter against a titled owner of an abandoned manufactured or mobile home or the estate of a titled owner of an abandoned manufactured or mobile home and if the manufactured or mobile home has a value exceeding ten thousand dollars, the manufactured or mobile home shall be sold at a public auction in the following manner:

(a) The court shall use the services of a licensed auctioneer, a bailiff of the municipal court, or the county sheriff, the expense to be assessed as costs to be reimbursed out of the proceeds of any sale in accordance with division (G) of section 1923.14 of the Revised Code.

(b) Plaintiff shall coordinate with the bailiff of the court, county sheriff, or court-appointed licensed auctioneer to schedule the sale. A bailiff of the court shall be present at auction to supervise and ensure proper procedures are followed and to receive any purchase money. Any purchase money received by the bailiff, sheriff, or court-appointed auctioneer shall be deposited with the clerk of courts, along with filing a return for the sale, as soon as practicable.

(c) The plaintiff shall issue notice of the sale to any lienholders or persons with an outstanding interest in the abandoned manufactured or mobile home by certified mail, return receipt requested. The plaintiff shall file copy of the notice with clerk of the municipal court at least three days prior to sale.

(d) In addition to the notices required by section 1923.12 of the Revised Code, where the titled owner of the manufactured or mobile home is deceased, notice shall be published in a newspaper of general circulation in the county once a week for two weeks. The clerk of the municipal court is not required to send notice to the defendant regarding the defendant's right to an exemptions hearing in accordance with division (B)(3) of section 1923.14 of the Revised Code.

(e) The manufactured or mobile home may be sold without an appraisal. The value of the manufactured or mobile home shall be determined based on an affidavit submitted by the plaintiff and certified by the county auditor.

(f) If there are no bidders at the date of auction advertised, the bailiff shall file a return to the court reflecting that information. The court shall issue an order for the transfer of the certificate title of manufactured or mobile home to plaintiff. All further proceedings terminate when plaintiff accepts transfer of title.

(g) The issuance of an order pursuant to this section for transfer of title shall be in the following form, as near as practicable:

"To the clerk of courts, title division:

Whereas, in a certain action for the eviction of a titled owner or a titled owner's estate from the following described premises of a manufactured home park on which the above-described manufactured or mobile home, is located, to wit: ___________. Lately tried before this court, wherein ________ was the plaintiff, and ________was the defendant. Judgment in forcible entry and detainer was rendered on __________that the plaintiff has restitution of the premises. Just grounds for the value of the manufactured or mobile home to be greater than ten thousand dollars, the value of which was established by affidavit of the plaintiff and certification by the county auditor, required the public auction of the manufactured or mobile home. All requirements for the sale of the abandoned manufactured or mobile home have been confirmed and, with no bidders, certificate of title is transferred to the plaintiff. Plaintiff is authorized to cause the manufactured or mobile home, and all personal property and vehicles of the defendant on the residential premises, to be, at the option of the plaintiff, either (1) destroyed or removed from the manufactured home park, or (2) retained at its current location on the residential premises or sold by plaintiff. If the manufactured or mobile home is retained at its current location by the plaintiff, the plaintiff shall notify the county auditor and the clerk of courts, title division, and the plaintiff is responsible for taxes that accrue after receiving title.

To the clerk of courts, _____ county:

You are hereby commanded to issue a certificate of title transferring the title of the manufactured or mobile home to the plaintiff, free and clear of all liens, encumbrances, taxes, security interests, and other interests in the manner prescribed by section 4505.10 of the Revised Code. The manufactured or mobile home is described as a ________ (year, model) with a serial number of ____, title number _____.

Witness my hand, this ___ day of ____, _____, _______ Judge _______ (name of court)."

(3) If the manufactured or mobile home is sold to the highest bidder at the date of auction, the bailiff shall collect the purchase money from the highest bidder and deposit the money with the municipal clerk of courts as soon as practicable. The clerk of courts shall hold the funds on deposit until the court examines the proceedings in accordance with section 2329.32 of the Revised Code. The bailiff of the court shall file a return reflecting completion of the sale with the name of the purchaser, the purchase amount, and the sale date.

(4)(a) The plaintiff shall file with the court a motion for order confirming sale and a proposed order for transfer of title in accordance with this section, which shall be supported with an itemization of amounts to be distributed in accordance with division (G) of section 1923.14 of the Revised Code.

(b) Upon such motion, the court shall issue an order confirming the sale, ordering distribution of proceeds, and transferring title to the manufactured or mobile home, which may be presented to the common pleas title division. The clerk of courts shall distribute the sale proceeds in accordance with the order confirming the sale.

(c) The issuance of an order for transfer of title to the successful bidder shall be in the following form, as near as practicable:

"To the clerk of courts, title division:

Whereas, in a certain action for eviction of a titled owner or titled owner's estate from the following described premises of a manufactured home park on which the above-described manufactured or mobile home is located, to wit: ____________. Lately tried before this court, wherein __________ was the plaintiff, and _________ was the defendant. Judgment in forcible entry and detainer was rendered on ___________ that the plaintiff has restitution of the premises. Just grounds for the value of the manufactured or mobile home to be greater than ten thousand dollars, the value of which was established by affidavit of the plaintiff and certification by the county auditor, required the public auction of the manufactured or mobile home. All requirements for the sale of the abandoned manufactured or mobile home have been met and the certificate of title is transferred to __________, the successful bidder. If the manufactured home is retained at its current location by the successful bidder, the bidder shall notify the county auditor and the clerk of courts, title division. Proceeds of the sale shall be disbursed in accordance with division (G) of section 1923.14 of the Revised Code.

To the clerk of courts, ________ county:

You are hereby commanded to issue a certificate of title transferring the title of the manufactured or mobile home to __________, free and clear of all liens, encumbrances, taxes, security interests, and other interests in the manner prescribed by section 4505.10 of the Revised Code. The manufactured or mobile home is described as a ________ (year, model) with a serial number of ______, title number _______.

Witness my hand, this ___ day of ____, _____, _______ Judge _______ (name of court)."

Sec. 1923.14. (A)(A)(1) Except as otherwise provided in this section, within ten days after receiving a writ of execution court order described in division (A) or (B) of section 1923.13 of the Revised Code, the sheriff, police officer, constable, or bailiff shall execute it by restoring the plaintiff to the possession of the premises, and shall levy and collect reasonable costs, not to exceed the standard motion fee, and make return, as upon other executions. If an appeal from the judgment of restitution is filed and if, following the filing of the appeal, a stay of execution is obtained and any required bond is filed with the court of common pleas, municipal court, or county court, the judge of that court immediately shall issue an order to the sheriff, police officer, constable, or bailiff commanding the delay of all further proceedings upon the execution until the court's disposition. If the premises have been restored to the plaintiff, the sheriff, police officer, constable, or bailiff shall forthwith place the defendant in possession of them, and return the writ with the sheriff's, police officer's, constable's, or bailiff's proceedings and the costs taxed on it.

(2) The filing fee for a court order for title upon an abandoned manufactured or mobile home with the clerk of courts shall not exceed the court's standard motion fee.

(B)(1) After a municipal court or county court issues a writ of execution court order described in division (B) of section 1923.13 of the Revised Code, the clerk of the court shall send by regular mail, to the last known address of each person other than the titled owner of the manufactured home, or mobile home, or recreational vehicle that is the subject of the writ court order who is listed on the writ court order as having any outstanding right, title, or interest in the home, vehicle, or personal property and to the auditor and treasurer of the county in which the court is located, a written notice that the home or vehicle potentially may be sold, destroyed, or have its title transferred under the circumstances described in division (B)(3) or (4) of this section. A person having any outstanding right, title, or interest in the home, vehicle, or personal property is not required to consent to the notice required under this division in order for the writ court order to be executed.

(2) Except as otherwise provided in this division, after causing the defendant to be removed from the residential premises of the manufactured home park, if necessary, by writ of restitution, and receiving a writ of execution described in division (B) of section 1923.13 of the Revised Code, in accordance with the writ, the sheriff, police officer, constable, or bailiff may cause the manufactured home, or mobile home, or recreational vehicle that is the subject of the writcourt order, and all personal property on the residential premises, to be retained at their current location on the residential premises, until they are claimed by the defendant or they are disposed of in a manner authorized by division (B)(3), (4), or (6) or (G)(3) of this section or by another section of the Revised Code.

The park operator shall not be liable for any damage caused by the park operator's removal of the manufactured home, or mobile home, or recreational vehicle or the removal of the personal property from the residential premises, or for any damage to the home, vehicle, or personal property during the time the home, vehicle, or property remains abandoned or stored in the manufactured home park, unless the damage is the result of acts that the park operator or the park operator's agents or employees performed with malicious purpose, in bad faith, or in a wanton or reckless manner. The reasonable costs for a removal of the manufactured home, or mobile home, or recreational vehicle and personal property and, as applicable, the reasonable costs for its storage shall constitute a lien upon the home or vehicle payable by the titled owner of the home or vehicle or payable pursuant to division (B)(3) (G)(1) of this section to the park operator.

The sheriff, police officer, constable, or bailiff, or park operator shall not be liable for any damage caused by the park operator's removal of the manufactured home, or mobile home, or recreational vehicle or the removal of the personal property from the residential premises, or for any damage to the home, vehicle, or personal property during the time the home, vehicle, or property remains abandoned or stored in the manufactured home park.

(3) Except as provided in divisions (B)(4), (5), and (6) of this section and division (D) of section 1923.12 of the Revised Code, within sixty days after receiving a writ of execution court order described in division (B) of section 1923.13 of the Revised Code for a manufactured home, or mobile home, or recreational vehicle, determined to have a value of more than three ten thousand dollars, the sheriff, police officer, constable, or bailiff shall commence proceedings for the sale of the manufactured home, or mobile home, or recreational vehicle that is the subject of the writ, and the abandoned personal property on the residential premises, if the home or vehicle is determined to be abandoned in accordance with the procedures for the sale of goods on execution under Chapter 2329. of the Revised Code. In addition to all notices required to be given under section 2329.13 of the Revised Code, the sheriff, police officer, constable, or bailiff shall serve at their respective last known addresses a written notice of the date, time, and place of the sale upon all persons who are listed on the writ of execution as having any outstanding right, title, or interest in the abandoned manufactured home, or mobile home, or recreational vehicle and the personal property and shall provide written notice to the auditor and the treasurer of the county in which the court issuing the writ is located.

Unless the proceedings are governed by division (D) of section 1923.12 of the Revised Code, notwithstanding Notwithstanding any statutory provision to the contrary, including, but not limited to, section 2329.66 of the Revised Code, there shall be no stay of execution or exemption from levy or sale on execution available to the titled owner of the abandoned manufactured home, or mobile home, or recreational vehicle in relation to a sale under this division. Except as otherwise provided in sections 2113.031, 2117.25, and 5162.21 of the Revised Code in a case involving a deceased resident titled owner or resident's titled owner's estate, the sheriff, police officer, constable, or bailiff shall distribute the proceeds from the sale of an abandoned manufactured home, or mobile home, or recreational vehicle and any personal property under this division in the following manner prescribed in division (G) of this section.

(C) Upon the agreement of the county auditor and the park operator that the value of the abandoned home is greater than ten thousand dollars, the park operator shall file with the clerk of court a praecipe for the sale of the manufactured home or mobile home setting forth the description and location of the home. The clerk of court shall deliver the praecipe to the bailiff, sheriff, or officer conducting the sale to determine the date for the sale. In addition to all notices required to be given under section 2329.13 of the Revised Code, the sheriff, police officer, constable, or bailiff shall serve at the last known address of the titled owner a written notice of the date, time, and place of the sale and upon all persons who are listed on the writ of execution as having any outstanding right, title, or interest in the abandoned manufactured home or mobile home and the personal property and shall provide written notice to the auditor and the treasurer of the county in which the court issuing the writ is located.

(D) All bidders who intend to reside in the park after the sale shall apply for residency with the park and be approved for residency at least seven days prior to the date of the sale. Any successful bidder intending to remove the manufactured home or mobile home after the sale shall remove the home within ten days after the sale and is liable to the park operator for any damage to the lot as a result of the removal of the home.

(E) The successful bidder shall register title with the clerk of courts, title division, not later than ten days after the receipt of the court order to transfer title to the successful bidder.

(F) After the sale of the manufactured home or mobile home, the park operator shall file with the clerk of courts a motion confirming the sale of the home, setting forth the date of the sale, the amount of the sale, the purchaser of the home, and the distribution of proceeds in accordance with division (G) of this section. If there is no purchaser after the sale has been conducted, the park operator shall file for a court order in conformance with division (B)(2) of section 1923.13 of the Revised Code.

(G)(1) The court, upon motion to confirm the sale and the issuance of an order confirming the sale, shall order the proceeds be distributed as follows:

(a) The sheriff, police officer, constable, or bailiff shall first pay the costs for any moving of and any storage outside the manufactured home park of the home or vehicle and any personal property pursuant to division (B)(2) of this section, the costs of the sale, any advertising expenses paid by the park operator for the sale of the manufactured home, or mobile home, or recreational vehicle under division (B)(3) of this section, and any unpaid court costs assessed against the defendant in the underlying action.

(b) Following the payment required by division (B)(3)(a) (G)(1)(a) of this section, the sheriff, police officer, constable, or bailiff shall pay all outstanding tax liens on the home or vehicle.

(c) Following the payment required by division (B)(3)(b) (G)(1)(b) of this section, the sheriff, police officer, constable, or bailiff shall pay all other outstanding security interests, liens, or encumbrances on the home or vehicle by priority of filing or other priority.

(d) Following the payment required by division (B)(3)(c) (G)(1)(c) of this section, the sheriff, police officer, constable, or bailiff shall pay any outstanding monetary judgment rendered under section 1923.09 or 1923.11 of the Revised Code in favor of the plaintiff and any costs associated with retaining the home or vehicle prior to the sale at its location on the residential premises within the manufactured home park pursuant to division (B)(2) of this section.

(e) After complying with divisions (B)(3)(a) (G)(1)(a) to (d) of this section, the sheriff, police officer, constable, or bailiff shall report any remaining money as unclaimed funds pursuant to Chapter 169. of the Revised Code.

Upon the return of any writ of execution for the satisfaction of which an abandoned manufactured home, mobile home, or recreational vehicle has been sold under this division, on careful examination of the proceedings of the sheriff, police officer, constable, or bailiff conducting the sale, if the court that issued the writ finds that the sale was made, in all respects, in conformity with this division, the court shall direct the clerk of the court to make an entry on the journal that the court is satisfied with the legality of the sale and order the clerk of the court of common pleas title division to issue a certificate of title, free and clear of all security interests, liens, and encumbrances, to the purchaser of the home or vehicle. If the manufactured home, mobile home, or recreational vehicle sold under this division is located in a manufactured home park, the purchaser of the home or vehicle shall have no right to maintain the home or vehicle in the manufactured home park without the park operator's consent and the sheriff, police officer, constable, or bailiff conducting the sale shall notify all prospective purchasers of this fact prior to the commencement of the sale.

If, after it is offered for sale on two occasions under this division, the abandoned manufactured home, mobile home, or recreational vehicle cannot be sold due to a want of bidders, the sheriff, police officer, constable, or bailiff shall present the writ of execution unsatisfied to the clerk of the court of common pleas title division, of the county in which the writ was issued for the issuance by the clerk in the manner prescribed in section 4505.10 of the Revised Code of a certificate of title transferring the title of the home or vehicle to the plaintiff, free and clear of all security interests, liens, and encumbrances. If any taxes are owed on the home or vehicle at this time, the county auditor shall remove the delinquent taxes from the manufactured home tax list and the delinquent manufactured home tax list and remit any penalties for late payment of manufactured home taxes. Acceptance of the certificate of title by the plaintiff terminates all further proceedings under this section. In accordance with division (E)(3) of section 4503.061 of the Revised Code, the plaintiff shall notify the county auditor of the transfer of title. Pursuant to section 4503.061 of the Revised Code, if the manufactured home, mobile home, or recreational vehicle is destroyed or removed, the plaintiff shall provide the county auditor with notice of removal or destruction of the manufactured home, mobile home, or recreational vehicle.

(4) Except as provided in division (B)(5) or (6) of this section and division (D) of section 1923.12 of the Revised Code, within thirty days after receiving a writ of execution described in division (B) of section 1923.13 of the Revised Code, if the manufactured home, mobile home, or recreational vehicle is determined to be abandoned and to have a value of three thousand dollars or less, the sheriff, police officer, constable, or bailiff shall present the writ of execution to the clerk of the court of common pleas title division, of the county in which the writ was issued for the issuance by the clerk in the manner prescribed in section 4505.10 of the Revised Code of a certificate of title transferring the title of the home or vehicle to the plaintiff, free and clear of all security interests, liens, and encumbrances. If any taxes are owed on the home or vehicle at this time, the county auditor shall remove the delinquent taxes from the manufactured home tax list and the delinquent manufactured home tax list and remit any penalties for late payment of manufactured home taxes. Acceptance of the certificate of title by the plaintiff terminates all further proceedings under this section. In accordance with division (E)(3) of section 4503.061 of the Revised Code, the plaintiff shall notify the county auditor of the transfer of title. Pursuant to section 4503.0611 of the Revised Code, if the manufactured home, mobile home, or recreational vehicle is destroyed or removed, the plaintiff shall provide the county auditor with notice of removal or destruction of the manufactured home, mobile home, or recreational vehicle.

(5) (2) At any time prior to the issuance of the writ of execution court order described in division (B) of section 1923.13 of the Revised Code, the titled owner of the manufactured home, or mobile home, or recreational vehicle that would be the subject of the writ order may remove the abandoned home or vehicle from the manufactured home park upon payment to the county auditor of all outstanding tax liens on the home or vehicle and, unless the titled owner is indigent, payment to the clerk of court of all unpaid court costs assessed against the defendant in the underlying action. After the issuance of the writ of executioncourt order, the titled owner of the home or vehicle may remove the abandoned home or vehicle from the manufactured home park at any time up to the day before the scheduled sale, destruction, or transfer of the home or vehicle pursuant to division (B)(3) or (4) of this section upon payment of all of the following:

(a) All costs incurred by the sheriff, police officer, constable, or bailiff;

(b) All outstanding tax liens on the home or vehicle;

(c) Unless the titled owner is indigent, all unpaid court costs assessed against the defendant in the underlying action.

(6) (3) At any time after the issuance of the writ of execution court order described in division (B) of section 1923.13 of the Revised Code, the holder of any outstanding lien, right, title, or interest in the manufactured home, or mobile home, or recreational vehicle, other than the titled owner of the home or vehicle, may stop the sheriff, police officer, constable, or bailiff from proceeding with the sale under this division by doing both of the following:

(a) Commencing a proceeding to repossess the home or vehicle pursuant to Chapters 1309. and 1317. of the Revised Code;

(b) Paying to the park operator all monthly rental payments for the lot on which the home or vehicle is located from the time of the issuance of the writ of execution court order until the time that the home or vehicle is sold pursuant to Chapters 1309. and 1317. of the Revised Code.

(7)(a) (4)(a) At any time prior to the day before the scheduled sale of the property pursuant to division (B)(3) of this section, the defendant may remove any personal property of the defendant from the abandoned home or vehicle or other place of storage.

(b) If personal property owned by a person other than the defendant is abandoned on the residential premises and has not previously been removed, the owner of the personal property may remove the personal property from the abandoned home or vehicle or other place of storage up to the day before the scheduled sale of the property pursuant to division (B)(3) of this section upon presentation of proof of ownership of the property that is satisfactory to the sheriff, police officer, constable, or bailiff conducting the sale.

(5) If the manufactured or mobile home is not sold at the scheduled sale, the clerk of the court of common pleas shall issue a certificate of title to the plaintiff. The certificate of title shall contain a notation that it is issued, free and clear of all liens and encumbrances, including any liens for delinquent or current manufactured home taxes, whether or not such taxes are yet due and payable. The county auditor shall also remove all such taxes from the manufactured home tax list and the delinquent manufactured home tax list and shall remit any tax penalties and interest charged against the property. The transfer of title to the home is exempt from conveyance fees imposed under sections 319.54 and 322.06 of the Revised Code. Acceptance of the certificate of title by the plaintiff terminates all further proceedings under this section. The plaintiff shall notify the county auditor of the transfer of title in accordance with division (E)(3) of section 4503.061 of the Revised Code, and the county auditor shall notify the county treasurer of the transfer of title. The plaintiff shall submit proof of registration with the auditor to the clerk of courts to effectuate the transfer of title. If the manufactured home or mobile home is destroyed or removed, the plaintiff shall provide the county auditor with notice of removal or destruction of the manufactured home or mobile home.

(H) After the issuance of the order of sale by the court, the titled owner of the home may remove the abandoned home from the manufactured home park at any time up to the day before the scheduled sale, destruction, or transfer of the home pursuant to this section.

Sec. 4503.0611. Whenever it is made to appear to the county auditor, based on inspection by the county auditor or based on notice provided to the county auditor, on a form prescribed by the department of taxation, by an owner of the manufactured home or two disinterested persons who are residents of the township or municipal corporation in which the manufactured home is or was situated, that the home is subject to taxation for the current year under section 4503.06 of the Revised Code and has been destroyed or injured after the first day of January of the current year, the county auditor shall investigate the matter, and shall refund or waive the payment of the current year's taxes on such home as prescribed by divisions (A) and (B) of this section. If a form has not been filed with the county auditor by either an owner or two disinterested persons but it appears to the county auditor, based on an inspection and investigation, that the owner's manufactured home is subject to taxation for the current year under section 4503.06 of the Revised Code and has been destroyed or injured after the first day of January of the current year, the auditor may complete the form on behalf of an owner.

To obtain a deduction under this section, an owner or two disinterested persons shall file the form with the county auditor, or the county auditor shall complete the form on behalf of an owner, not later than the thirty-first day of January of the year after the year in which the manufactured home was injured or destroyed.

(A) If the auditor determines the injury or destruction occurred during the first half of the calendar year, the auditor shall deduct from the taxes payable on the manufactured home for the current year an amount that, in the county auditor's judgment, bears the same ratio to those taxes as the extent of the injury or destruction bears to the cost or market value of the manufactured home. The auditor shall draw a warrant on the county treasurer to refund that amount. If the taxes have not been paid at the time of the auditor's determination, the auditor may waive the payment of the portion of the tax that would otherwise be refunded under this division.

(B) If the auditor determines the injury or destruction occurred during the second half of the calendar year, the auditor shall deduct from the taxes payable on the manufactured home for the current year one-half of the amount that, in the county auditor's judgment, bears the same ratio to those taxes as the extent of the injury or destruction bears to the cost or market value of the manufactured home. The auditor shall draw a warrant on the county treasurer to refund that amount. If the taxes have not been paid at the time of the auditor's determination, the auditor may waive the payment of the portion of the tax that would otherwise be refunded under this division.

(C) Taxes refunded under this section shall be paid from the county undivided general property tax fund.

(D) Notwithstanding divisions (A) and (B) of this section, if the county auditor determines the destruction of a manufactured home or mobile home occurred within one calendar year after the title of the home being transferred to a park operator pursuant to sections 1923.12, 1923.13, and 1923.14 of the Revised Code and the current owner providing the oath to the auditor is the same park operator, then the auditor shall waive all unpaid manufactured home taxes charged against the home, including taxes for which a lien has attached, but that are not yet due and payable.

(E) Upon the destruction of a manufactured home or mobile home, the owner of the home shall dispose of the certificate of title to the home in the same manner as described in section 4505.11 of the Revised Code.

Section 2. That existing sections 319.54, 1923.01, 1923.02, 1923.04, 1923.06, 1923.09, 1923.11, 1923.12, 1923.13, 1923.14, and 4503.0611 of the Revised Code are hereby repealed.

Section 3. Section 319.54 of the Revised Code is presented in this act as a composite of the section as amended by both H.B. 265 and H.B. 496 of the 135th General Assembly. The General Assembly, applying the principle stated in division (B) of section 1.52 of the Revised Code that amendments are to be harmonized if reasonably capable of simultaneous operation, finds that the composite is the resulting version of the section in effect prior to the effective date of the section as presented in this act.