As Passed by the Senate                       1            

123rd General Assembly                                             4            

   Regular Session                              Am. H. B. No. 216  5            

      1999-2000                                                    6            


      REPRESENTATIVES  BUCHY-NETZLEY-EVANS-OLMAN-OGG-KREBS-        7            

        GARDNER-HOOPS-CORBIN-SENATORS GARDNER-CUPP-CARNES          8            


_________________________________________________________________   10           

                          A   B I L L                                           

             To amend section 755.14 of the Revised Code to        12           

                change the residency requirements of the           13           

                representatives that a board of education                       

                appoints to a recreation board.                    14           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        16           

      Section 1.  That section 755.14 of the Revised Code be       18           

amended to read as follows:                                        19           

      Sec. 755.14.  (A)  If the legislative authority of a         28           

municipal corporation determines that the power to equip,          29           

operate, and maintain parks, playgrounds, playfields, gymnasiums,  30           

public baths, swimming pools, or recreation centers shall be       31           

exercised by a recreation board, it may establish such a board,    32           

which shall possess all the powers and be subject to all the       33           

responsibilities of the respective local authorities under         34           

sections 755.12 to 755.18 of the Revised Code.  The board shall    35           

consist of five persons, two of whom shall be members of the       36           

board of education of the city or village school district or       37           

members SHALL BE appointed by such THAT board OF EDUCATION.  The   39           

other members of the RECREATION board shall be appointed by the    40           

mayor or manager as executive of such municipal corporation with   41           

the consent of its council.  THE MEMBERS WHO ARE BOARD OF          42           

EDUCATION MEMBERS AND MEMBERS APPOINTED BY A BOARD OF EDUCATION                 

SHALL BE RESIDENTS OF THE SCHOOL DISTRICT MAKING THE APPOINTMENT   43           

BUT NEED NOT BE RESIDENTS OF THE MUNICIPAL CORPORATION.  All       44           

OTHER members of the board shall be residents of the municipal     45           

                                                          2      


                                                                 
corporation and.  ALL MEMBERS OF THE BOARD shall serve for terms   47           

of five years, except that the members first appointed shall be    48           

appointed for such terms that the term of one member shall expire  49           

annually thereafter.  Members of the board shall serve without     50           

pay.  Vacancies in the board, occurring otherwise than by          51           

expiration of term, shall be for the unexpired term and shall be   52           

filled in the same manner as original appointments.                53           

      (B)(1)  The legislative authorities of the municipal         55           

corporations, boards of township trustees of the townships,        56           

boards of township park commissioners, boards of county            57           

commissioners of the counties, and boards of education of the      58           

school districts joined in the operation and maintenance of parks  59           

or recreation facilities under section 755.16 of the Revised Code  60           

may, by resolution, establish a joint recreation board which may   61           

possess all the powers and be subject to all the responsibilities  62           

of the respective local authorities under sections 755.12 to       63           

755.18 of the Revised Code.  The resolutions shall specify the     64           

number of members of the joint recreation board, other than any    65           

members who may be appointed under division (B)(2) of this         66           

section, and the method of appointing members and filling          67           

vacancies.  Members of the board shall serve without pay.          68           

      (2)  If a park or recreational facility owned, operated, or  70           

maintained by a joint recreation board created under division      71           

(B)(1) of this section is the site where an exhibition sanctioned  72           

by the U.S. UNITED STATES Christopher Columbus quincentenary       74           

jubilee commission is being or has been held and the exhibition    75           

is or was sponsored by an organization that is also sponsoring or  76           

has sponsored an exhibition sanctioned by the international        77           

association of horticulture producers, then the governor, speaker  78           

of the house of representatives, and president of the senate       79           

shall each appoint one member to the board.  The members           80           

appointed by the speaker of the house of representatives and the   81           

president of the senate may be members of the general assembly,    82           

but any members of the general assembly appointed to the board     83           

                                                          3      


                                                                 
shall be nonvoting members and shall serve only while they remain  84           

members of the general assembly.  Members appointed under          85           

division (B)(2) of this section shall serve terms of three years   86           

and serve without pay, and all vacancies in their positions on     87           

the board, whether for an unexpired term or at the end of a term,  88           

shall be filled in the same manner as the original appointments.   89           

      (C)  The legislative authorities of the several              91           

subdivisions joined in the operation and maintenance of            92           

recreation facilities under section 755.16 of the Revised Code     93           

may, by resolution, establish a joint recreation district,         94           

consisting of all the territory of the subdivisions so joined.     95           

The joint recreation district board of trustees shall be the       96           

governing body of a district and shall possess all the powers of   97           

a legislative authority of an individual subdivision under         98           

sections 755.12 to 755.18 of the Revised Code.  The number of      99           

trustees shall be fixed by the resolutions creating the district   100          

and may be any number so long as there is representation of all    101          

participating subdivisions.                                        102          

      Section 2.  That existing section 755.14 of the Revised      104          

Code is hereby repealed.                                           105