As Reported by the Senate State and Local Government         1            

                 and Veterans Affairs Committee                    2            

123rd General Assembly                                             5            

   Regular Session                                   S. B. No. 31  6            

      1999-2000                                                    7            


                  SENATORS LATTA-GARDNER-SPADA                     9            


_________________________________________________________________   11           

                          A   B I L L                                           

             To amend section 164.04 of the Revised Code to        12           

                require the appointing authorities that appoint    13           

                members of district public works integrating       14           

                committees to appoint alternates for those         15           

                members to act in their absence.                                




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        17           

      Section 1.  That section 164.04 of the Revised Code be       19           

amended to read as follows:                                        20           

      Sec. 164.04.  (A)  In each of the districts created in       30           

section 164.03 of the Revised Code, a district public works        31           

integrating committee shall be established as follows:             32           

      (1)  In district one, the district committee shall consist   34           

of seven members AND THEIR ALTERNATES appointed as follows:  two   35           

members AND THEIR ALTERNATES shall be appointed by the board of    37           

county commissioners; two MEMBERS AND THEIR ALTERNATES shall be    38           

appointed by the chief executive officer of the most populous      39           

municipal corporation in the district; two MEMBERS AND THEIR       40           

ALTERNATES shall be appointed by a majority of the chief           42           

executive officers of the other municipal corporations located     43           

within the district; and one MEMBER AND THAT MEMBER'S ALTERNATE,   44           

who shall have experience in local infrastructure planning and     45           

economic development and who shall represent the interests of      46           

private industry within the district, shall be appointed by a      47           

majority of the members of the district committee OR THEIR         48           

ALTERNATES.  Except with respect to the selection of the private   50           

                                                          2      


                                                                 
sector member of the committee AND THAT MEMBER'S ALTERNATE, the    51           

affirmative vote of at least five committee members OR THEIR       52           

ALTERNATES is required for any action taken by a vote of the       54           

committee.                                                                      

      (2)  In district two, the district committee shall consist   56           

of nine members AND THEIR ALTERNATES appointed as follows:  two    57           

MEMBERS AND THEIR ALTERNATES shall be appointed by the board of    60           

county commissioners; three MEMBERS AND THEIR ALTERNATES shall be  61           

appointed by the chief executive officer of the most populous      62           

municipal corporation in the district; two MEMBERS AND THEIR       63           

ALTERNATES shall be appointed by a majority of the other chief     65           

executive officers of municipal corporations in the district; and  66           

two MEMBERS AND THEIR ALTERNATES shall be appointed by a majority  67           

of the boards of township trustees in the district.  Of the        68           

appointments made MEMBERS APPOINTED by the board of county         69           

commissioners, one MEMBER AND THAT MEMBER'S ALTERNATE shall have   70           

experience in local infrastructure planning and economic           71           

development, and one MEMBER AND THAT MEMBER'S ALTERNATE shall be   72           

either a county commissioner or a county engineer of the           74           

district.  The affirmative vote of at least seven members of the   75           

committee OR THEIR ALTERNATES is required for any action taken by  77           

a vote of the committee.                                                        

      (3)  In districts three, four, eight, twelve, and nineteen,  79           

the district committee shall consist of nine members AND THEIR     80           

ALTERNATES appointed as follows:  two MEMBERS AND THEIR            82           

ALTERNATES shall be appointed by the board of county               83           

commissioners or by the chief executive officer of the county;     84           

two MEMBERS AND THEIR ALTERNATES shall be appointed by the chief   86           

executive officer of the most populous municipal corporation       87           

located within the district; two MEMBERS AND THEIR ALTERNATES      88           

shall be appointed by a majority of the other chief executive      89           

officers of the municipal corporations located in the district;    90           

two MEMBERS AND THEIR ALTERNATES shall be appointed by a majority  91           

of the boards of township trustees located in the district; and    94           

                                                          3      


                                                                 
one MEMBER AND THAT MEMBER'S ALTERNATE, who shall have experience  96           

in local infrastructure planning and economic development and who  97           

shall represent the interests of private industry within the       98           

district, shall be appointed by a majority of the members of the   99           

committee OR THEIR ALTERNATES.  Except with respect to the         100          

selection of the private sector member of the committee AND THAT   101          

MEMBER'S ALTERNATE, the affirmative vote of at least seven         103          

committee members OR THEIR ALTERNATES is required for any action   105          

taken by a vote of the committee.                                               

      (4)  In district six, the district committee shall consist   107          

of nine members AND THEIR ALTERNATES appointed as follows:  one    108          

member AND THAT MEMBER'S ALTERNATE shall be appointed by the       110          

board of county commissioners of each county in the district; one  111          

member AND THAT MEMBER'S ALTERNATE shall be appointed by the       112          

chief executive officer of the most populous municipal             113          

corporation in each county in the district; one member AND THAT    114          

MEMBER'S ALTERNATE shall be appointed alternately by a majority    116          

of the chief executives of the municipal corporations, other than  117          

the largest municipal corporation, within one of the counties of   118          

the district; and one member AND THAT MEMBER'S ALTERNATE shall be  119          

appointed alternately by a majority of the boards of township      121          

trustees within one of the counties in the district.  The two                   

persons who are the county engineers of the counties in the        123          

district, AND THE ALTERNATE OF EACH COUNTY ENGINEER, WHOM THE      124          

COUNTY ENGINEER OF THE COUNTY SERVED BY THAT COUNTY ENGINEER                    

SHALL APPOINT, shall also be members of the committee.  At least   126          

six of these members OR THEIR ALTERNATES shall agree upon the      127          

appointment to the committee of a private sector person AND THAT   129          

PERSON'S ALTERNATE who shall have experience in local              131          

infrastructure planning and economic development.  The                          

affirmative vote of seven committee members OR THEIR ALTERNATES    132          

is required for any action taken by a vote of the committee.       134          

      The first appointment to the committee made by the majority  136          

of the boards of township trustees of a county shall be made by    137          

                                                          4      


                                                                 
the boards of township trustees located in the least populous      138          

county of the district, and the first appointment made by the      139          

majority of the chief executives of municipal corporations, other  140          

than the largest municipal corporation, of a county shall be made  141          

by the chief executives of municipal corporations, other than the  142          

largest municipal corporation, from the most populous county in    143          

the district.                                                      144          

      Notwithstanding division (B) of this section, the members    146          

of the district committee AND THEIR ALTERNATES appointed           147          

alternately by a majority of the chief executive officers of       149          

municipal corporations, other than the largest municipal           150          

corporation, of a county and a majority of boards of township      151          

trustees of a county shall serve five-year terms.                  152          

      (5)  In districts seven, nine, and ten, the district         154          

committee shall consist of two members AND THEIR ALTERNATES        155          

appointed by the board of county commissioners of each county in   157          

the district, two members AND THEIR ALTERNATES appointed by a      158          

majority of the chief executive officers of all cities within      159          

each county in the district, three members AND THEIR ALTERNATES    160          

appointed by a majority of the boards of township trustees of all  161          

townships in the district, three members AND THEIR ALTERNATES      162          

appointed by a majority of chief executive officers of all         164          

villages in the district, one MEMBER AND THAT MEMBER'S ALTERNATE   165          

appointed by a majority of the county engineers in the district    166          

and who shall be a county engineer ENGINEERS, and one member AND   168          

THAT MEMBER'S ALTERNATE, who shall have experience in local        169          

infrastructure planning and economic development, shall be         170          

appointed by a majority of all other committee members OR THEIR    171          

ALTERNATES.  If there is a county in the district in which there   173          

are no cities, the member that is AND THAT MEMBER'S ALTERNATE WHO  174          

ARE to be appointed by the chief executive officers of the cities  175          

within that county shall be appointed by the chief executive       176          

officer of the village with the largest population in that         177          

county.                                                                         

                                                          5      


                                                                 
      (6)  In districts five, eleven, and thirteen through         179          

eighteen, the members AND THEIR ALTERNATES of each district        180          

committee shall be appointed as follows:  one MEMBER AND THAT      182          

MEMBER'S ALTERNATE shall be appointed by each board of county      184          

commissioners; one MEMBER AND THAT MEMBER'S ALTERNATE shall be                  

appointed by the majority of the chief executive officers of the   186          

cities located in each county; three MEMBERS AND THEIR ALTERNATES  187          

shall be appointed by a majority of the chief executive officers   189          

of villages located within the district; three MEMBERS AND THEIR   190          

ALTERNATES shall be appointed by a majority of the boards of       191          

township trustees located within the district; one MEMBER AND      192          

THAT MEMBER'S ALTERNATE appointed by a majority of the county      194          

engineers of the district and who shall be a county engineer       195          

ENGINEERS; and one member AND THAT MEMBER'S ALTERNATE, who shall   196          

have experience in local infrastructure planning and economic      197          

development and who shall represent the interests of private       198          

industry within the district, shall be appointed by a majority of  199          

the members of the committee OR THEIR ALTERNATES.  If there is a   200          

county in the district in which there are no cities, the member    201          

that is AND THAT MEMBER'S ALTERNATE WHO ARE to be appointed by     202          

the chief executive officers of the cities within that county      203          

shall be appointed by the chief executive officer of the village   204          

with the largest population in that county.                        205          

      (7)  In districts five, seven, nine, ten, eleven, thirteen,  208          

fourteen, sixteen, and seventeen organized in accordance with      209          

divisions (A)(5) and (6) of this section, a nine-member AN         210          

executive committee OF NINE MEMBERS AND THEIR ALTERNATES shall be  211          

established that shall include at least one of the persons OR      212          

THEIR ALTERNATES appointed to the district committee by the chief  214          

executive officers of the villages within the district, at least   215          

one of the persons OR THEIR ALTERNATES appointed to the district   217          

committee by the boards of township trustees within the district,  218          

the person OR THAT PERSON'S ALTERNATE appointed to the district    219          

committee to represent the interests of private industry, and six  220          

                                                          6      


                                                                 
additional district committee members OR THEIR ALTERNATES          221          

selected to serve on the executive committee by a majority of the  223          

members of the district committee OR THEIR ALTERNATES, except      225          

that not more than three persons OR THEIR ALTERNATES who were                   

appointed to the district committee by a board of county           227          

commissioners and not more than three persons OR THEIR ALTERNATES  228          

who were appointed to the district committee by the chief          230          

executives of the cities located in the district shall serve on    231          

the executive committee.                                                        

      (8)  In districts fifteen and eighteen organized in          234          

accordance with division (A)(6) of this section, an eleven-member  235          

executive committee OF ELEVEN MEMBERS AND THEIR ALTERNATES shall   236          

be established that shall include at least one of the persons OR   237          

THEIR ALTERNATES appointed to the district committee by the chief  239          

executive officers of the villages within the district, at least   240          

one of the persons OR THEIR ALTERNATES appointed to the district   242          

committee by the boards of township trustees within the district,               

the person OR THAT PERSON'S ALTERNATE appointed to the district    243          

committee to represent the interests of private industry, and      245          

eight additional district committee members OR THEIR ALTERNATES    246          

selected to serve on the executive committee by a majority of the  247          

members of the district committee, except that not more than four  248          

persons OR THEIR ALTERNATES who were appointed to the district     250          

committee by a board of county commissioners and not more than                  

four persons OR THEIR ALTERNATES who were appointed to the         251          

district committee by the chief executives of the cities located   253          

in the district shall serve on the executive committee.  No more   254          

than two persons OR THEIR ALTERNATES from each county shall be on  255          

the executive committee.                                                        

      All decisions of a district committee required to be         257          

organized in accordance with divisions (A)(5) and (6) of this      258          

section must SHALL be approved by its executive committee.  The    259          

affirmative vote of at least seven executive committee members OR  260          

THEIR ALTERNATES for executive committees formed under division    261          

                                                          7      


                                                                 
(A)(7) of this section and at least nine members OR THEIR          262          

ALTERNATES for executive committees formed under division (A)(8)   264          

of this section is required for any action taken by vote of the    265          

executive committee, except that any decision of the executive     266          

committee may be rejected by a vote of at least two-thirds of the  267          

full membership of the district committee within thirty days of    268          

the executive committee action.  Only projects approved by the     269          

executive committee may be submitted to the director of the Ohio   270          

public works commission pursuant to section 164.05 of the Revised  271          

Code.                                                                           

      (B)  APPOINTING AUTHORITIES THAT APPOINT DISTRICT COMMITTEE  273          

MEMBERS SHALL APPOINT AN ALTERNATE FOR EACH COMMITTEE MEMBER       274          

APPOINTED UNDER DIVISIONS (A)(1) TO (6) OF THIS SECTION.  IF A     275          

DISTRICT COMMITTEE MEMBER IS ABSENT FROM A DISTRICT OR EXECUTIVE   276          

COMMITTEE OR SUBCOMMITTEE MEETING, THE ALTERNATE HAS THE RIGHT TO  277          

VOTE AND PARTICIPATE IN ALL PROCEEDINGS AND ACTIONS AT THAT        278          

MEETING.                                                                        

      (C)  Terms of office for members of district committees AND  280          

THEIR ALTERNATES shall be for three years, with each term ending   282          

on the same day of the same month as did the term that it          283          

succeeds.  Each member AND THAT MEMBER'S ALTERNATE shall hold      285          

office from the date of appointment until the end of the term for  286          

which appointed, except that with respect to any member OR THAT    287          

MEMBER'S ALTERNATE who was an elected or appointed official of a   288          

township, county, or municipal corporation, the term of office     289          

for such person under this section shall not extend beyond such    290          

term as an elected or appointed official.  Members AND THEIR       291          

ALTERNATES may be reappointed.  Vacancies shall be filled in the   293          

same manner provided for original appointments.  Any member OR                  

THAT MEMBER'S ALTERNATE appointed to fill a vacancy occurring      295          

prior to the expiration date of the term for which the member's    296          

OR ALTERNATE'S predecessor was apppointed APPOINTED shall hold     297          

office for the remainder of that term.  A member OR THAT MEMBER'S  299          

ALTERNATE shall continue in office subsequent to the expiration    301          

                                                          8      


                                                                 
date of the member's OR ALTERNATE'S term until the member's OR     302          

ALTERNATE'S successor takes office or until a period of sixty      303          

days has elapsed, whichever occurs first.  Each district public    304          

works integrating committee shall elect a chairperson,                          

vice-chairperson, and such other officers as it considers          305          

advisable.                                                                      

      (C)(D)  For purposes of this chapter, if a subdivision is    307          

located in more than one county or in more than one district, the  308          

subdivision shall be deemed to be a part of the county or          309          

district in which the largest number of its population is          310          

located.  However, if after a decennial census the change in a     311          

subdivision's population would result in the subdivision becoming  312          

part of a different county or district, the legislative authority  313          

of the subdivision may, by resolution, choose to remain a part of  314          

the county or district of which they were THE SUBDIVISION WAS      315          

originally deemed to be a part.  Such a decision is not revocable  317          

unless similar conditions arise following the next decennial       318          

census.                                                                         

      (D)(E)  Notwithstanding any provision of law to the          320          

contrary, a county, municipal, or township public official may     321          

serve as a member of a district public works integrating           322          

committee.                                                                      

      (E)(F)  A member of a district committee OR THAT MEMBER'S    324          

ALTERNATE does not have an unlawful interest in a public contract  326          

under section 2921.42 of the Revised Code solely by virtue of the  327          

receipt of financial assistance under this chapter by the local    328          

subdivision of which the member OR THAT MEMBER'S ALTERNATE is      329          

also a public official or appointee.                               330          

      Section 2.  That existing section 164.04 of the Revised      332          

Code is hereby repealed.                                           333