As Reported by House Local Government and Townships Committee    1            

123rd General Assembly                                             4            

   Regular Session                                  H. B. No. 216  5            

      1999-2000                                                    6            


                      REPRESENTATIVE BUCHY                         8            


_________________________________________________________________   9            

                          A   B I L L                                           

             To amend section 755.14 of the Revised Code to        11           

                change the residency requirements of the           12           

                representatives that a board of education                       

                appoints to a recreation board.                    13           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        15           

      Section 1.  That section 755.14 of the Revised Code be       17           

amended to read as follows:                                        18           

      Sec. 755.14.  (A)  If the legislative authority of a         27           

municipal corporation determines that the power to equip,          28           

operate, and maintain parks, playgrounds, playfields, gymnasiums,  29           

public baths, swimming pools, or recreation centers shall be       30           

exercised by a recreation board, it may establish such a board,    31           

which shall possess all the powers and be subject to all the       32           

responsibilities of the respective local authorities under         33           

sections 755.12 to 755.18 of the Revised Code.  The board shall    34           

consist of five persons, two of whom shall be members of the       35           

board of education of the city or village school district or       36           

members SHALL BE appointed by such THAT board OF EDUCATION.  The   38           

other members of the RECREATION board shall be appointed by the    39           

mayor or manager as executive of such municipal corporation with   40           

the consent of its council.  THE MEMBERS WHO ARE BOARD OF          41           

EDUCATION MEMBERS AND MEMBERS APPOINTED BY A BOARD OF EDUCATION                 

SHALL BE RESIDENTS OF THE SCHOOL DISTRICT MAKING THE APPOINTMENT   42           

BUT NEED NOT BE RESIDENTS OF THE MUNICIPAL CORPORATION.  All       43           

OTHER members of the board shall be residents of the municipal     44           

corporation and.  ALL MEMBERS OF THE BOARD shall serve for terms   46           

                                                          2      


                                                                 
of five years, except that the members first appointed shall be    47           

appointed for such terms that the term of one member shall expire  48           

annually thereafter.  Members of the board shall serve without     49           

pay.  Vacancies in the board, occurring otherwise than by          50           

expiration of term, shall be for the unexpired term and shall be   51           

filled in the same manner as original appointments.                52           

      (B)(1)  The legislative authorities of the municipal         54           

corporations, boards of township trustees of the townships,        55           

boards of township park commissioners, boards of county            56           

commissioners of the counties, and boards of education of the      57           

school districts joined in the operation and maintenance of parks  58           

or recreation facilities under section 755.16 of the Revised Code  59           

may, by resolution, establish a joint recreation board which may   60           

possess all the powers and be subject to all the responsibilities  61           

of the respective local authorities under sections 755.12 to       62           

755.18 of the Revised Code.  The resolutions shall specify the     63           

number of members of the joint recreation board, other than any    64           

members who may be appointed under division (B)(2) of this         65           

section, and the method of appointing members and filling          66           

vacancies.  Members of the board shall serve without pay.          67           

      (2)  If a park or recreational facility owned, operated, or  69           

maintained by a joint recreation board created under division      70           

(B)(1) of this section is the site where an exhibition sanctioned  71           

by the U.S. Christopher Columbus quincentenary jubilee commission  72           

is being or has been held and the exhibition is or was sponsored   73           

by an organization that is also sponsoring or has sponsored an     74           

exhibition sanctioned by the international association of          75           

horticulture producers, then the governor, speaker of the house    76           

of representatives, and president of the senate shall each         77           

appoint one member to the board.  The members appointed by the     78           

speaker of the house of representatives and the president of the   79           

senate may be members of the general assembly, but any members of  80           

the general assembly appointed to the board shall be nonvoting     81           

members and shall serve only while they remain members of the      82           

                                                          3      


                                                                 
general assembly.  Members appointed under division (B)(2) of      83           

this section shall serve terms of three years and serve without    84           

pay, and all vacancies in their positions on the board, whether    85           

for an unexpired term or at the end of a term, shall be filled in  86           

the same manner as the original appointments.                      87           

      (C)  The legislative authorities of the several              89           

subdivisions joined in the operation and maintenance of            90           

recreation facilities under section 755.16 of the Revised Code     91           

may, by resolution, establish a joint recreation district,         92           

consisting of all the territory of the subdivisions so joined.     93           

The joint recreation district board of trustees shall be the       94           

governing body of a district and shall possess all the powers of   95           

a legislative authority of an individual subdivision under         96           

sections 755.12 to 755.18 of the Revised Code.  The number of      97           

trustees shall be fixed by the resolutions creating the district   98           

and may be any number so long as there is representation of all    99           

participating subdivisions.                                        100          

      Section 2.  That existing section 755.14 of the Revised      102          

Code is hereby repealed.                                           103