As Passed by the Senate 1
123rd General Assembly 4
Regular Session H. B. No. 711 5
1999-2000 6
REPRESENTATIVES BRADING-O'BRIEN-VESPER-EVANS- 8
JACOBSON-TAYLOR-JOLIVETTE 9
_________________________________________________________________ 10
A B I L L
To amend sections 3.15, 3301.01, 3301.02 to 3301.04, 12
3301.06, and 3501.02 of the Revised Code to enact 13
as a separate act the sections of law adding 14
eight members appointed by the Governor to the
State Board of Education. 15
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 16
Section 1. That sections 3.15, 3301.01, 3301.02, 3301.03, 18
3301.04, 3301.06, and 3501.02 of the Revised Code be amended to 19
read as follows: 20
Sec. 3.15. (A) Except as otherwise provided in division 29
(B) of this section, at all times during his ONE'S term of 30
office: 31
(1) Each member of the general assembly or AND EACH 33
ELECTED VOTING MEMBER of the state board of education shall be a 34
resident of the district he THE MEMBER represents. 37
(2) Each judge and each elected officer of a court shall 39
be a resident of the territory of that court. 40
(3) Each person holding an elective office of a political 42
subdivision shall be a resident of that political subdivision. 43
(4) Each member of a municipal legislative authority who 45
represents a ward shall be a resident of the ward he THE MEMBER 46
represents, and each member of a board of education of a city 48
school district who represents a subdistrict shall be a resident 49
of the subdistrict he THE MEMBER represents. 50
(B) Any person who fails to meet any of the requirements 52
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of division (A) of this section that apply to him THE PERSON 53
shall forfeit his THE office. Division (A) of this section 55
applies to persons who have been either elected or appointed to 57
an elective office. Division (A) of this section does not apply 58
to a member of the general assembly or the state board of 59
education, to a member of a municipal legislative authority who 60
represents a ward, or to a member of a board of education of a 61
city school district who represents a subdistrict, during the 62
remainder of his THE MEMBER'S existing term of office after there 64
is a change in his THE MEMBER'S district's, ward's, or 66
subdistrict's boundaries that leaves his THE MEMBER'S permanent 67
residence outside the district, ward, or subdistrict. 68
Sec. 3301.01. (A) There is hereby created the state board 77
of education consisting of NINETEEN MEMBERS WITH eleven ELECTED 78
members with, one member EACH TO BE elected in accordance with 80
section 3301.03 of the Revised Code from each of the districts 81
established in accordance with division (B) of this section, AND 82
WITH EIGHT MEMBERS TO BE APPOINTED BY THE GOVERNOR WITH THE 83
ADVICE AND CONSENT OF THE SENATE.
In addition to the NINETEEN ELECTED OR APPOINTED members 85
elected in accordance with section 3301.02 of the Revised Code, 86
the chairman CHAIRPERSON of the committee of the senate that 87
primarily deals with education and the chairman CHAIRPERSON of 89
the committee of the house of representatives that primarily 91
deals with education shall be nonvoting ex officio members of the 92
board.
(B)(1) The territory of each state board of education 94
district FOR EACH ELECTED VOTING MEMBER OF THE BOARD shall 95
consist of the territory of three contiguous senate districts as 97
established in the most recent apportionment for members of the 98
general assembly, but the territory of no senate district shall 99
be part of the territory of more than one state board of 100
education district. Each state board of education district shall 101
be as compact as practicable. The districts shall include, when 102
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practicable, some districts that primarily consist of territory 103
in rural areas and some districts that primarily consist of 104
territory in urban areas.
(2) If, after the apportionment for members of the general 106
assembly is made in any year, the general assembly does not 107
during that year enact legislation establishing state board of 108
education districts in accordance with division (B)(1) of this 109
section, the governor shall designate the boundaries of the 110
districts in accordance with division (B)(1) of this section no 111
later than the thirty-first day of January of the year next 112
succeeding such apportionment. Upon making such designation, the 113
governor shall give written notice of the boundaries of the 114
districts to each member of the state board of education, 115
including the nonvoting ex officio members; the superintendent of 116
public instruction; the president of the senate; the speaker of 117
the house of representatives; and the board of elections of each 118
county in each new district. On the first day of February in any 119
year in which the governor designates the boundaries of state 120
board of education districts under this section, the state board 121
of education districts as they existed prior to that date shall 122
cease to exist and the new districts shall be created. 123
Sec. 3301.02. (A) Members ELECTED VOTING MEMBERS of the 132
state board of education as of the date of a change in district 134
boundaries pursuant to legislation enacted by the general 135
assembly or division (B)(2) of section 3301.01 of the Revised 136
Code shall continue in office until their successors are elected 137
and qualified for office, at which time the board whose 138
successors have been so qualified shall be dissolved. At the 139
first regular state election that occurs after a change in the 140
boundaries of state board of education districts, in conformity 141
with the general election laws of this state, one board member 142
shall be elected from each state board of education district for 143
a term of office beginning the first day of January immediately 144
following such election. The term of office of each ELECTED 145
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member shall be determined by lot at the initial organization 146
meeting of the board. The ELECTED members elected shall by lot 147
select six ELECTED members, each of whom shall serve for a term 149
of four years or until his A successor is elected and qualified, 150
and the remaining ELECTED members shall each serve for a term of 151
two years or until his A successor is elected and qualified. 152
(B) At each subsequent regular state election, in 154
conformity with the general election laws of this state, the 155
ELECTED members shall be elected as required by expiration of 156
respective terms, each for a term of four years or until his A 157
successor is elected and qualified. One ELECTED member shall be 158
elected from each district respectively in which the term of 159
office of a board member expires on the first day of January 160
following the election except that, when the boundaries of state 161
board of education districts are changed pursuant to legislation 162
enacted by the general assembly or division (B)(2) of section 163
3301.01 of the Revised Code, division (A) of this section shall 164
govern the election. The term of office of each member so 165
elected shall begin on the first day of January immediately 166
following this election. 167
(C) APPOINTED VOTING MEMBERS OF THE BOARD SHALL SERVE 169
FOUR-YEAR TERMS BEGINNING THE FIRST DAY OF JANUARY AND ENDING ON 170
THE THIRTY-FIRST DAY OF DECEMBER. EXCEPT AS PROVIDED IN DIVISION 171
(D) OF THIS SECTION, MEMBERS MAY BE REAPPOINTED. 172
(D) NO PERSON, ELECTED OR APPOINTED, SHALL HOLD THE OFFICE 174
OF MEMBER OF THE STATE BOARD OF EDUCATION FOR A PERIOD OF LONGER 175
THAN TWO SUCCESSIVE TERMS OF FOUR YEARS. TERMS SHALL BE 176
CONSIDERED SUCCESSIVE UNLESS SEPARATED BY A PERIOD OF FOUR OR 177
MORE YEARS. ONLY TERMS BEGINNING ON OR AFTER JANUARY 1, 1996, 178
SHALL BE CONSIDERED IN DETERMINING AN INDIVIDUAL'S ELIGIBILITY TO 179
HOLD OFFICE.
Sec. 3301.03. Each ELECTED voting member of the state 188
board of education shall be a qualified elector residing in the 190
territory composing the district from which he THE MEMBER is 191
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elected, and shall be nominated and elected to office as provided 193
by Title XXXV of the Revised Code. EACH APPOINTED VOTING MEMBER 194
OF THE BOARD SHALL BE A QUALIFIED ELECTOR RESIDING IN THE STATE. 195
AT LEAST FOUR OF THE APPOINTED VOTING MEMBERS SHALL REPRESENT 196
RURAL SCHOOL DISTRICTS IN THE STATE, AS EVIDENCED BY THE MEMBER'S 197
CURRENT PLACE OF RESIDENCE AND AT LEAST ONE OF THE FOLLOWING: 199
(A) THE MEMBER'S CHILDREN ATTEND, OR AT ONE TIME ATTENDED, 201
SCHOOL IN A RURAL DISTRICT; 202
(B) THE MEMBER'S PAST OR PRESENT OCCUPATION IS ASSOCIATED 204
WITH RURAL AREAS OF THE STATE; 205
(C) THE MEMBER POSSESSES OTHER CREDENTIALS OR EXPERIENCE 207
DEMONSTRATING KNOWLEDGE AND FAMILIARITY WITH RURAL SCHOOL 208
DISTRICTS.
No ELECTED OR APPOINTED voting member of the board shall, 211
during the member's term of office, hold any other public 212
position of trust or profit or be an employee or officer of any 214
public or private elementary or secondary school. Before 215
entering on the duties of office, each ELECTED AND APPOINTED 216
voting member shall subscribe to the official oath of office. 217
Each voting member of the state board of education shall be 219
paid a salary fixed pursuant to division (J) of section 124.15 of 220
the Revised Code, together with the member's actual and necessary 221
expenses incurred while engaged in the performance of the 223
member's official duties or in the conduct of authorized board 224
business, and while en route to and from the member's home for 226
such purposes.
Sec. 3301.04. A meeting of the members elected to the 235
state board of education pursuant to division (A) of section 237
3301.02 of the Revised Code shall be held between the first and 238
fifteenth day of January immediately following the general 239
election at which such members are elected, in Columbus, Ohio, at 240
1:30 p.m. eastern standard time at the office of the 241
superintendent of public instruction, at which time the board 242
shall organize, select the term of members as provided by section 243
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3301.02 of the Revised Code, adopt rules of procedure, elect a 244
president and a vice-president each of whom shall serve for two 245
years or until his successor is elected and qualified, and
transact such other business as the board deems advisable. At 246
such initial organization meeting the state board of education 247
may continue to employ and determine the salary of any person 248
holding any position or office in the department of education as 249
such department was in existence immediately prior to such 250
meeting, until such time as appointments of personnel are made 251
under sections 3301.08 and 3301.13 of the Revised Code. 252
Thereafter, between BETWEEN the first and fifteenth THIRTY-FIRST 254
day of January of each ODD-NUMBERED year immediately following 255
the general election at which board members are elected, the 256
STATE board OF EDUCATION shall hold an organization meeting at 258
which time it shall adopt rules of procedure, elect a president 259
and a vice-president each of whom shall serve for two years or 260
until his THE PRESIDENT'S OR VICE-PRESIDENT'S successor is 261
elected and qualified, and transact such business as the board 262
deems advisable.
The state board of education shall hold regular meetings 264
once every three months and at such times as they may be called 265
as provided in this section. Special meetings of the board may 266
be called by the president, and, upon written request signed by 267
at least a majority of the members, the president shall call a 268
special meeting of the board. The president shall give notice 269
through the superintendent of public instruction by registered 270
mail to each member of the board at least ten days prior to the 271
time of any special meeting. The state board of education shall 272
hold its meetings at anywhere in Ohio designated by the board. 273
Sec. 3301.06. A vacancy in the state board of education 282
may be caused by death, nonresidence, resignation, removal from 283
office, failure of a person elected to qualify within ten days 284
after the organization of the board or of his THE PERSON'S 285
election, removal from the district of election OR FROM RESIDENCE 286
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IN THE STATE, or absence from any two consecutive regular 287
meetings of the board if such absence is caused by reasons
declared insufficient by a vote of seven TWELVE members of the 288
board. When such A vacancy occurs IN THE OFFICE OF AN ELECTED 290
MEMBER, the governor shall, within a period of thirty days and 291
with the advice and consent of the senate, appoint a qualified 292
person residing in the district in which such THE vacancy 293
occurred to fill the vacancy until the next general election at 295
which members of the state board of education are elected, at 296
which time a qualified elector residing in the district in which 297
the vacancy occurred shall be elected for the unexpired term. 298
Such member shall assume office at the next succeeding meeting of 299
the board. WHEN A VACANCY OCCURS IN THE OFFICE OF AN APPOINTED
MEMBER, THE GOVERNOR SHALL, WITHIN A PERIOD OF THIRTY DAYS AND 300
WITH THE ADVICE AND CONSENT OF THE SENATE, APPOINT A QUALIFIED 301
PERSON TO SERVE THE REMAINDER OF THE TERM. 302
Sec. 3501.02. General elections in the state and its 311
political subdivisions shall be held as follows: 312
(A) For the election of electors of president and 314
vice-president of the United States, in the year of 1932 and 315
every four years thereafter; 316
(B) For the election of a member of the senate of the 318
United States, in the years 1932 and 1934, and every six years 319
after each of such years; except as otherwise provided for 320
filling vacancies; 321
(C) For the election of representatives in the congress of 323
the United States and of elective state and county officers, 324
including ELECTED members of the state board of education, in the 325
even-numbered years; except as otherwise provided for filling 326
vacancies; 327
(D) For municipal and township officers, members of boards 329
of education, judges and clerks of municipal courts, in the 330
odd-numbered years; 331
(E) Proposed constitutional amendments or proposed 333
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measures submitted by the general assembly or by initiative or 334
referendum petitions to the voters of the state at large may be 335
submitted to the general election in any year occurring at least 336
sixty days, in case of a referendum, and ninety days, in the case 337
of an initiated measure, subsequent to the filing of the 338
petitions therefor. Proposed constitutional amendments submitted 339
by the general assembly to the voters of the state at large may 340
be submitted at a special election occurring on the day in any 341
year specified by division (E) of section 3501.01 of the Revised 342
Code for the holding of a primary election, when a special 343
election on that date is designated by the general assembly in 344
the resolution adopting the proposed constitutional amendment. 345
No special election shall be held on a day other than the 347
day of a general election, unless a law or charter provides 348
otherwise, regarding the submission of a question or issue to the 349
voters of a county, township, city, village, or school district. 350
(F) Any question or issue, except a candidacy, to be voted 352
upon at an election shall be certified, for placement upon the 353
ballot, to the board of elections not later than four p.m. of the 355
seventy-fifth day before the day of the election. 356
Section 2. That existing sections 3.15, 3301.01, 3301.02, 358
3301.03, 3301.04, 3301.06, and 3501.02 of the Revised Code are 359
hereby repealed. 360
Section 3. The amendments to sections 3.15, 3301.01, 362
3301.02, 3301.03, 3301.04, 3301.06, and 3501.02 of the Revised 364
Code are virtually identical to amendments made to those sections 365
purpose by Am. Sub. H.B. 117 of the 121st General Assembly, 146 366
Ohio Laws 900. The original enactment of those amendments in Am. 367
Sub. H.B. 117 has been questioned on grounds it violated the 368
one-subject rule of Ohio Constitution, Article II, Section 15(D). 369
Re-enactment of the amendments and the corresponding partial 370
reconstitution of the State Board of Education by this act are 371
intended to render this question moot. The amendments in this 372
act differ from those in Am. Sub. H.B. 117 only insofar as 373
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necessary to conform to changes in sentence structure made by 374
amendments subsequent to Am. Sub. H.B. 117. 375
Section 4. The State Board of Education, as it exists on 377
the effective date of this act, is dissolved insofar as it 378
consists of members appointed to the board prior to the effective 379
date of this act (other than to fill a vacancy among the elected 380
members). The Governor shall appoint appointive members of the 382
State Board of Education within thirty days of the effective date 383
of this act. Notwithstanding division (C) of section 3301.02 of 384
the Revised Code, the Governor shall appoint four of the 385
appointive members to terms ending on the thirty-first day of 386
December occurring at least two calendar years after the date the 387
appointments are made and four of such members to terms ending on 388
the thirty-first day of December occurring at least four calendar 389
years after the date the appointments are made. Thereafter, 390
terms of office for all appointive members shall be for four 391
years in accordance with division (C) of section 3301.02 of the 392
Revised Code.
Section 5. This act does not affect the elected voting 394
members of the State Board of Education who are holding office on 395
its effective date.
Section 6. Section 3501.02 of the Revised Code is 397
presented in this act as a composite of the section as amended by 398
both Am. Sub. H.B. 99 and Am. Sub. H.B. 117 of the 121st General 399
Assembly, with the new language of neither of the acts shown in 400
capital letters. This is in recognition of the principle stated 401
in division (B) of section 1.52 of the Revised Code that such 402
amendments are to be harmonized where not substantively 403
irreconcilable and constitutes a legislative finding that such is 404
the resulting version in effect prior to the effective date of 405
this act.