As Introduced                            1            

123rd General Assembly                                             4            

   Regular Session                                 H. B. No. 711   5            

      1999-2000                                                    6            


                     REPRESENTATIVE BRADING                        8            


_________________________________________________________________   9            

                          A   B I L L                                           

             To amend sections 3.15, 3301.01, 3301.02 to 3301.04,  11           

                3301.06, and 3501.02 of the Revised Code to enact  12           

                as a separate act the sections of law adding       13           

                eight members appointed by the Governor to the                  

                State Board of Education.                          14           




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

      Section 1.  That sections 3.15, 3301.01, 3301.02, 3301.03,   17           

3301.04, 3301.06, and 3501.02 of the Revised Code be amended to    18           

read as follows:                                                   19           

      Sec. 3.15.  (A)  Except as otherwise provided in division    28           

(B) of this section, at all times during his ONE'S term of         29           

office:                                                            30           

      (1)  Each member of the general assembly or AND EACH         32           

ELECTED VOTING MEMBER of the state board of education shall be a   33           

resident of the district he THE MEMBER represents.                 36           

      (2)  Each judge and each elected officer of a court shall    38           

be a resident of the territory of that court.                      39           

      (3)  Each person holding an elective office of a political   41           

subdivision shall be a resident of that political subdivision.     42           

      (4)  Each member of a municipal legislative authority who    44           

represents a ward shall be a resident of the ward he THE MEMBER    45           

represents, and each member of a board of education of a city      47           

school district who represents a subdistrict shall be a resident   48           

of the subdistrict he THE MEMBER represents.                       49           

      (B)  Any person who fails to meet any of the requirements    51           

of division (A) of this section that apply to him THE PERSON       52           

                                                          2      


                                                                 
shall forfeit his THE office.  Division (A) of this section        54           

applies to persons who have been either elected or appointed to    56           

an elective office. Division (A) of this section does not apply    57           

to a member of the general assembly or the state board of          58           

education, to a member of a municipal legislative authority who    59           

represents a ward, or to a member of a board of education of a     60           

city school district who represents a subdistrict, during the      61           

remainder of his THE MEMBER'S existing term of office after there  63           

is a change in his THE MEMBER'S district's, ward's, or             65           

subdistrict's boundaries that leaves his THE MEMBER'S permanent    66           

residence outside the district, ward, or subdistrict.              67           

      Sec. 3301.01.  (A)  There is hereby created the state board  76           

of education consisting of NINETEEN MEMBERS WITH eleven ELECTED    77           

members with, one member EACH TO BE elected in accordance with     79           

section 3301.03 of the Revised Code from each of the districts     80           

established in accordance with division (B) of this section, AND   81           

WITH EIGHT MEMBERS TO BE APPOINTED BY THE GOVERNOR WITH THE        82           

ADVICE AND CONSENT OF THE SENATE.                                               

      In addition to the NINETEEN ELECTED OR APPOINTED members     84           

elected in accordance with section 3301.02 of the Revised Code,    85           

the chairman CHAIRPERSON of the committee of the senate that       86           

primarily deals with education and the chairman CHAIRPERSON of     88           

the committee of the house of representatives that primarily       90           

deals with education shall be nonvoting ex officio members of the  91           

board.                                                                          

      (B)(1)  The territory of each state board of education       93           

district FOR EACH ELECTED VOTING MEMBER OF THE BOARD shall         94           

consist of the territory of three contiguous senate districts as   96           

established in the most recent apportionment for members of the    97           

general assembly, but the territory of no senate district shall    98           

be part of the territory of more than one state board of           99           

education district.  Each state board of education district shall  100          

be as compact as practicable.  The districts shall include, when   101          

practicable, some districts that primarily consist of territory    102          

                                                          3      


                                                                 
in rural areas and some districts that primarily consist of        103          

territory in urban areas.                                                       

      (2)  If, after the apportionment for members of the general  105          

assembly is made in any year, the general assembly does not        106          

during that year enact legislation establishing state board of     107          

education districts in accordance with division (B)(1) of this     108          

section, the governor shall designate the boundaries of the        109          

districts in accordance with division (B)(1) of this section no    110          

later than the thirty-first day of January of the year next        111          

succeeding such apportionment.  Upon making such designation, the  112          

governor shall give written notice of the boundaries of the        113          

districts to each member of the state board of education,          114          

including the nonvoting ex officio members; the superintendent of  115          

public instruction; the president of the senate; the speaker of    116          

the house of representatives; and the board of elections of each   117          

county in each new district.  On the first day of February in any  118          

year in which the governor designates the boundaries of state      119          

board of education districts under this section, the state board   120          

of education districts as they existed prior to that date shall    121          

cease to exist and the new districts shall be created.             122          

      Sec. 3301.02.  (A)  Members ELECTED VOTING MEMBERS of the    131          

state board of education as of the date of a change in district    133          

boundaries pursuant to legislation enacted by the general          134          

assembly or division (B)(2) of section 3301.01 of the Revised      135          

Code shall continue in office until their successors are elected   136          

and qualified for office, at which time the board whose            137          

successors have been so qualified shall be dissolved.  At the      138          

first regular state election that occurs after a change in the     139          

boundaries of state board of education districts, in conformity    140          

with the general election laws of this state, one board member     141          

shall be elected from each state board of education district for   142          

a term of office beginning the first day of January immediately    143          

following such election.  The term of office of each ELECTED       144          

member shall be determined by lot at the initial organization      145          

                                                          4      


                                                                 
meeting of the board.  The ELECTED members elected shall by lot    146          

select six ELECTED members, each of whom shall serve for a term    148          

of four years or until his A successor is elected and qualified,   149          

and the remaining ELECTED members shall each serve for a term of   150          

two years or until his A successor is elected and qualified.       151          

      (B)  At each subsequent regular state election, in           153          

conformity with the general election laws of this state, the       154          

ELECTED members shall be elected as required by expiration of      155          

respective terms, each for a term of four years or until his A     156          

successor is elected and qualified.  One ELECTED member shall be   157          

elected from each district respectively in which the term of       158          

office of a board member expires on the first day of January       159          

following the election except that, when the boundaries of state   160          

board of education districts are changed pursuant to legislation   161          

enacted by the general assembly or division (B)(2) of section      162          

3301.01 of the Revised Code, division (A) of this section shall    163          

govern the election.  The term of office of each member so         164          

elected shall begin on the first day of January immediately        165          

following this election.                                           166          

      (C)  APPOINTED VOTING MEMBERS OF THE BOARD SHALL SERVE       168          

FOUR-YEAR TERMS BEGINNING THE FIRST DAY OF JANUARY AND ENDING ON   169          

THE THIRTY-FIRST DAY OF DECEMBER.  EXCEPT AS PROVIDED IN DIVISION  170          

(D) OF THIS SECTION, MEMBERS MAY BE REAPPOINTED.                   171          

      (D)  NO PERSON, ELECTED OR APPOINTED, SHALL HOLD THE OFFICE  173          

OF MEMBER OF THE STATE BOARD OF EDUCATION FOR A PERIOD OF LONGER   174          

THAN TWO SUCCESSIVE TERMS OF FOUR YEARS.  TERMS SHALL BE           175          

CONSIDERED SUCCESSIVE UNLESS SEPARATED BY A PERIOD OF FOUR OR      176          

MORE YEARS.  ONLY TERMS BEGINNING ON OR AFTER JANUARY 1, 1996,     177          

SHALL BE CONSIDERED IN DETERMINING AN INDIVIDUAL'S ELIGIBILITY TO  178          

HOLD OFFICE.                                                                    

      Sec. 3301.03.  Each ELECTED voting member of the state       187          

board of education shall be a qualified elector residing in the    189          

territory composing the district from which he THE MEMBER is       190          

elected, and shall be nominated and elected to office as provided  192          

                                                          5      


                                                                 
by Title XXXV of the Revised Code.  EACH APPOINTED VOTING MEMBER   193          

OF THE BOARD SHALL BE A QUALIFIED ELECTOR RESIDING IN THE STATE.   194          

AT LEAST FOUR OF THE APPOINTED VOTING MEMBERS SHALL REPRESENT      195          

RURAL SCHOOL DISTRICTS IN THE STATE, AS EVIDENCED BY THE MEMBER'S  196          

CURRENT PLACE OF RESIDENCE AND AT LEAST ONE OF THE FOLLOWING:      198          

      (A)  THE MEMBER'S CHILDREN ATTEND, OR AT ONE TIME ATTENDED,  200          

SCHOOL IN A RURAL DISTRICT;                                        201          

      (B)  THE MEMBER'S PAST OR PRESENT OCCUPATION IS ASSOCIATED   203          

WITH RURAL AREAS OF THE STATE;                                     204          

      (C)  THE MEMBER POSSESSES OTHER CREDENTIALS OR EXPERIENCE    206          

DEMONSTRATING KNOWLEDGE AND FAMILIARITY WITH RURAL SCHOOL          207          

DISTRICTS.                                                                      

      No ELECTED OR APPOINTED voting member of the board shall,    210          

during the member's term of office, hold any other public          211          

position of trust or profit or be an employee or officer of any    213          

public or private elementary or secondary school.  Before          214          

entering on the duties of office, each ELECTED AND APPOINTED       215          

voting member shall subscribe to the official oath of office.      216          

      Each voting member of the state board of education shall be  218          

paid a salary fixed pursuant to division (J) of section 124.15 of  219          

the Revised Code, together with the member's actual and necessary  220          

expenses incurred while engaged in the performance of the          222          

member's official duties or in the conduct of authorized board     223          

business, and while en route to and from the member's home for     225          

such purposes.                                                                  

      Sec. 3301.04.  A meeting of the members elected to the       234          

state board of education pursuant to division (A) of section       236          

3301.02 of the Revised Code shall be held between the first and    237          

fifteenth day of January immediately following the general         238          

election at which such members are elected, in Columbus, Ohio, at  239          

1:30 p.m. eastern standard time at the office of the               240          

superintendent of public instruction, at which time the board      241          

shall organize, select the term of members as provided by section  242          

3301.02 of the Revised Code, adopt rules of procedure, elect a     243          

                                                          6      


                                                                 
president and a vice-president each of whom shall serve for two    244          

years or until his successor is elected and qualified, and                      

transact such other business as the board deems advisable. At      245          

such initial organization meeting the state board of education     246          

may continue to employ and determine the salary of any person      247          

holding any position or office in the department of education as   248          

such department was in existence immediately prior to such         249          

meeting, until such time as appointments of personnel are made     250          

under sections 3301.08 and 3301.13 of the Revised Code.            251          

Thereafter, between BETWEEN the first and fifteenth THIRTY-FIRST   253          

day of January of each ODD-NUMBERED year immediately following     254          

the general election at which board members are elected, the       255          

STATE board OF EDUCATION shall hold an organization meeting at     257          

which time it shall adopt rules of procedure, elect a president    258          

and a vice-president each of whom shall serve for two years or     259          

until his THE PRESIDENT'S OR VICE-PRESIDENT'S successor is         260          

elected and qualified, and transact such business as the board     261          

deems advisable.                                                                

      The state board of education shall hold regular meetings     263          

once every three months and at such times as they may be called    264          

as provided in this section.  Special meetings of the board may    265          

be called by the president, and, upon written request signed by    266          

at least a majority of the members, the president shall call a     267          

special meeting of the board.  The president shall give notice     268          

through the superintendent of public instruction by registered     269          

mail to each member of the board at least ten days prior to the    270          

time of any special meeting.  The state board of education shall   271          

hold its meetings at anywhere in Ohio designated by the board.     272          

      Sec. 3301.06.  A vacancy in the state board of education     281          

may be caused by death, nonresidence, resignation, removal from    282          

office, failure of a person elected to qualify within ten days     283          

after the organization of the board or of his THE PERSON'S         284          

election, removal from the district of election OR FROM RESIDENCE  285          

IN THE STATE, or absence from any two consecutive regular          286          

                                                          7      


                                                                 
meetings of the board if such absence is caused by reasons                      

declared insufficient by a vote of seven TWELVE members of the     287          

board.  When such A vacancy occurs IN THE OFFICE OF AN ELECTED     289          

MEMBER, the governor shall, within a period of thirty days and     290          

with the advice and consent of the senate, appoint a qualified     291          

person residing in the district in which such THE vacancy          292          

occurred to fill the vacancy until the next general election at    294          

which members of the state board of education are elected, at      295          

which time a qualified elector residing in the district in which   296          

the vacancy occurred shall be elected for the unexpired term.      297          

Such member shall assume office at the next succeeding meeting of  298          

the board.  WHEN A VACANCY OCCURS IN THE OFFICE OF AN APPOINTED                 

MEMBER, THE GOVERNOR SHALL, WITHIN A PERIOD OF THIRTY DAYS AND     299          

WITH THE ADVICE AND CONSENT OF THE SENATE, APPOINT A QUALIFIED     300          

PERSON TO SERVE THE REMAINDER OF THE TERM.                         301          

      Sec. 3501.02.  General elections in the state and its        310          

political subdivisions shall be held as follows:                   311          

      (A)  For the election of electors of president and           313          

vice-president of the United States, in the year of 1932 and       314          

every four years thereafter;                                       315          

      (B)  For the election of a member of the senate of the       317          

United States, in the years 1932 and 1934, and every six years     318          

after each of such years; except as otherwise provided for         319          

filling vacancies;                                                 320          

      (C)  For the election of representatives in the congress of  322          

the United States and of elective state and county officers,       323          

including ELECTED members of the state board of education, in the  324          

even-numbered years; except as otherwise provided for filling      325          

vacancies;                                                         326          

      (D)  For municipal and township officers, members of boards  328          

of education, judges and clerks of municipal courts, in the        329          

odd-numbered years;                                                330          

      (E)  Proposed constitutional amendments or proposed          332          

measures submitted by the general assembly or by initiative or     333          

                                                          8      


                                                                 
referendum petitions to the voters of the state at large may be    334          

submitted to the general election in any year occurring at least   335          

sixty days, in case of a referendum, and ninety days, in the case  336          

of an initiated measure, subsequent to the filing of the           337          

petitions therefor.  Proposed constitutional amendments submitted  338          

by the general assembly to the voters of the state at large may    339          

be submitted at a special election occurring on the day in any     340          

year specified by division (E) of section 3501.01 of the Revised   341          

Code for the holding of a primary election, when a special         342          

election on that date is designated by the general assembly in     343          

the resolution adopting the proposed constitutional amendment.     344          

      No special election shall be held on a day other than the    346          

day of a general election, unless a law or charter provides        347          

otherwise, regarding the submission of a question or issue to the  348          

voters of a county, township, city, village, or school district.   349          

      (F)  Any question or issue, except a candidacy, to be voted  351          

upon at an election shall be certified, for placement upon the     352          

ballot, to the board of elections not later than four p.m. of the  354          

seventy-fifth day before the day of the election.                  355          

      Section 2.  That existing sections 3.15, 3301.01, 3301.02,   357          

3301.03, 3301.04, 3301.06, and 3501.02 of the Revised Code are     358          

hereby repealed.                                                   359          

      Section 3.  The amendments to sections 3.15, 3301.01,        361          

3301.02, 3301.03, 3301.04, 3301.06, and 3501.02 of the Revised     363          

Code are virtually identical to amendments made to those sections  364          

purpose by Am. Sub. H.B. 117 of the 121st General Assembly, 146    365          

Ohio Laws 900.  The original enactment of those amendments in Am.  366          

Sub. H.B. 117 has been questioned on grounds it violated the       367          

one-subject rule of Ohio Constitution, Article II, Section 15(D).  368          

Re-enactment of the amendments and the corresponding partial       369          

reconstitution of the State Board of Education by this act are     370          

intended to render this question moot.  The amendments in this     371          

act differ from those in Am. Sub. H.B. 117 only insofar as         372          

necessary to conform to changes in sentence structure made by      373          

                                                          9      


                                                                 
amendments subsequent to Am. Sub. H.B. 117.                        374          

      Section 4.  The State Board of Education, as it exists on    376          

the effective date of this act, is dissolved insofar as it         377          

consists of members appointed to the board prior to the effective  378          

date of this act (other than to fill a vacancy among the elected   379          

members).  The Governor shall appoint appointive members of the    381          

State Board of Education within thirty days of the effective date  382          

of this act.  Notwithstanding division (C) of section 3301.02 of   383          

the Revised Code, the Governor shall appoint four of the           384          

appointive members to terms ending on the thirty-first day of      385          

December occurring at least two calendar years after the date the  386          

appointments are made and four of such members to terms ending on  387          

the thirty-first day of December occurring at least four calendar  388          

years after the date the appointments are made.  Thereafter,       389          

terms of office for all appointive members shall be for four       390          

years in accordance with division (C) of section 3301.02 of the    391          

Revised Code.                                                                   

      Section 5.  This act does not affect the elected voting      393          

members of the State Board of Education who are holding office on  394          

its effective date.                                                             

      Section 6.  Section 3501.02 of the Revised Code is           396          

presented in this act as a composite of the section as amended by  397          

both Am. Sub. H.B. 99 and Am. Sub. H.B. 117 of the 121st General   398          

Assembly, with the new language of neither of the acts shown in    399          

capital letters.  This is in recognition of the principle stated   400          

in division (B) of section 1.52 of the Revised Code that such      401          

amendments are to be harmonized where not substantively            402          

irreconcilable and constitutes a legislative finding that such is  403          

the resulting version in effect prior to the effective date of     404          

this act.