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
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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
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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
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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
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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
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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
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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
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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
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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.