As Passed by the Senate                       1            

123rd General Assembly                                             4            

   Regular Session                                   S. B. No. 31  5            

      1999-2000                                                    6            


               SENATORS LATTA-GARDNER-SPADA-DRAKE                  8            


_________________________________________________________________   10           

                          A   B I L L                                           

             To amend section 164.04 of the Revised Code to        11           

                require the appointing authorities that appoint    12           

                members of district public works integrating       13           

                committees to appoint alternates for those         14           

                members to act in their absence.                                




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

      Section 1.  That section 164.04 of the Revised Code be       18           

amended to read as follows:                                        19           

      Sec. 164.04.  (A)  In each of the districts created in       29           

section 164.03 of the Revised Code, a district public works        30           

integrating committee shall be established as follows:             31           

      (1)  In district one, the district committee shall consist   33           

of seven members AND THEIR ALTERNATES appointed as follows:  two   34           

members AND THEIR ALTERNATES shall be appointed by the board of    36           

county commissioners; two MEMBERS AND THEIR ALTERNATES shall be    37           

appointed by the chief executive officer of the most populous      38           

municipal corporation in the district; two MEMBERS AND THEIR       39           

ALTERNATES shall be appointed by a majority of the chief           41           

executive officers of the other municipal corporations located     42           

within the district; and one MEMBER AND THAT MEMBER'S ALTERNATE,   43           

who shall have experience in local infrastructure planning and     44           

economic development and who shall represent the interests of      45           

private industry within the district, shall be appointed by a      46           

majority of the members of the district committee OR THEIR         47           

ALTERNATES.  Except with respect to the selection of the private   49           

sector member of the committee AND THAT MEMBER'S ALTERNATE, the    50           

                                                          2      


                                                                 
affirmative vote of at least five committee members OR THEIR       51           

ALTERNATES is required for any action taken by a vote of the       53           

committee.                                                                      

      (2)  In district two, the district committee shall consist   55           

of nine members AND THEIR ALTERNATES appointed as follows:  two    56           

MEMBERS AND THEIR ALTERNATES shall be appointed by the board of    59           

county commissioners; three MEMBERS AND THEIR ALTERNATES shall be  60           

appointed by the chief executive officer of the most populous      61           

municipal corporation in the district; two MEMBERS AND THEIR       62           

ALTERNATES shall be appointed by a majority of the other chief     64           

executive officers of municipal corporations in the district; and  65           

two MEMBERS AND THEIR ALTERNATES shall be appointed by a majority  66           

of the boards of township trustees in the district.  Of the        67           

appointments made MEMBERS APPOINTED by the board of county         68           

commissioners, one MEMBER AND THAT MEMBER'S ALTERNATE shall have   69           

experience in local infrastructure planning and economic           70           

development, and one MEMBER AND THAT MEMBER'S ALTERNATE shall be   71           

either a county commissioner or a county engineer of the           73           

district.  The affirmative vote of at least seven members of the   74           

committee OR THEIR ALTERNATES is required for any action taken by  76           

a vote of the committee.                                                        

      (3)  In districts three, four, eight, twelve, and nineteen,  78           

the district committee shall consist of nine members AND THEIR     79           

ALTERNATES appointed as follows:  two MEMBERS AND THEIR            81           

ALTERNATES shall be appointed by the board of county               82           

commissioners or by the chief executive officer of the county;     83           

two MEMBERS AND THEIR ALTERNATES shall be appointed by the chief   85           

executive officer of the most populous municipal corporation       86           

located within the district; two MEMBERS AND THEIR ALTERNATES      87           

shall be appointed by a majority of the other chief executive      88           

officers of the municipal corporations located in the district;    89           

two MEMBERS AND THEIR ALTERNATES shall be appointed by a majority  90           

of the boards of township trustees located in the district; and    93           

one MEMBER AND THAT MEMBER'S ALTERNATE, who shall have experience  95           

                                                          3      


                                                                 
in local infrastructure planning and economic development and who  96           

shall represent the interests of private industry within the       97           

district, shall be appointed by a majority of the members of the   98           

committee OR THEIR ALTERNATES.  Except with respect to the         99           

selection of the private sector member of the committee AND THAT   100          

MEMBER'S ALTERNATE, the affirmative vote of at least seven         102          

committee members OR THEIR ALTERNATES is required for any action   104          

taken by a vote of the committee.                                               

      (4)  In district six, the district committee shall consist   106          

of nine members AND THEIR ALTERNATES appointed as follows:  one    107          

member AND THAT MEMBER'S ALTERNATE shall be appointed by the       109          

board of county commissioners of each county in the district; one  110          

member AND THAT MEMBER'S ALTERNATE shall be appointed by the       111          

chief executive officer of the most populous municipal             112          

corporation in each county in the district; one member AND THAT    113          

MEMBER'S ALTERNATE shall be appointed alternately by a majority    115          

of the chief executives of the municipal corporations, other than  116          

the largest municipal corporation, within one of the counties of   117          

the district; and one member AND THAT MEMBER'S ALTERNATE shall be  118          

appointed alternately by a majority of the boards of township      120          

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

persons who are the county engineers of the counties in the        122          

district, AND THE ALTERNATE OF EACH COUNTY ENGINEER, WHOM THE      123          

COUNTY ENGINEER OF THE COUNTY SERVED BY THAT COUNTY ENGINEER                    

SHALL APPOINT, shall also be members of the committee.  At least   125          

six of these members OR THEIR ALTERNATES shall agree upon the      126          

appointment to the committee of a private sector person AND THAT   128          

PERSON'S ALTERNATE who shall have experience in local              130          

infrastructure planning and economic development.  The                          

affirmative vote of seven committee members OR THEIR ALTERNATES    131          

is required for any action taken by a vote of the committee.       133          

      The first appointment to the committee made by the majority  135          

of the boards of township trustees of a county shall be made by    136          

the boards of township trustees located in the least populous      137          

                                                          4      


                                                                 
county of the district, and the first appointment made by the      138          

majority of the chief executives of municipal corporations, other  139          

than the largest municipal corporation, of a county shall be made  140          

by the chief executives of municipal corporations, other than the  141          

largest municipal corporation, from the most populous county in    142          

the district.                                                      143          

      Notwithstanding division (B) of this section, the members    145          

of the district committee AND THEIR ALTERNATES appointed           146          

alternately by a majority of the chief executive officers of       148          

municipal corporations, other than the largest municipal           149          

corporation, of a county and a majority of boards of township      150          

trustees of a county shall serve five-year terms.                  151          

      (5)  In districts seven, nine, and ten, the district         153          

committee shall consist of two members AND THEIR ALTERNATES        154          

appointed by the board of county commissioners of each county in   156          

the district, two members AND THEIR ALTERNATES appointed by a      157          

majority of the chief executive officers of all cities within      158          

each county in the district, three members AND THEIR ALTERNATES    159          

appointed by a majority of the boards of township trustees of all  160          

townships in the district, three members AND THEIR ALTERNATES      161          

appointed by a majority of chief executive officers of all         163          

villages in the district, one MEMBER AND THAT MEMBER'S ALTERNATE   164          

appointed by a majority of the county engineers in the district    165          

and who shall be a county engineer ENGINEERS, and one member AND   167          

THAT MEMBER'S ALTERNATE, who shall have experience in local        168          

infrastructure planning and economic development, shall be         169          

appointed by a majority of all other committee members OR THEIR    170          

ALTERNATES.  If there is a county in the district in which there   172          

are no cities, the member that is AND THAT MEMBER'S ALTERNATE WHO  173          

ARE to be appointed by the chief executive officers of the cities  174          

within that county shall be appointed by the chief executive       175          

officer of the village with the largest population in that         176          

county.                                                                         

      (6)  In districts five, eleven, and thirteen through         178          

                                                          5      


                                                                 
eighteen, the members AND THEIR ALTERNATES of each district        179          

committee shall be appointed as follows:  one MEMBER AND THAT      181          

MEMBER'S ALTERNATE shall be appointed by each board of county      183          

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

appointed by the majority of the chief executive officers of the   185          

cities located in each county; three MEMBERS AND THEIR ALTERNATES  186          

shall be appointed by a majority of the chief executive officers   188          

of villages located within the district; three MEMBERS AND THEIR   189          

ALTERNATES shall be appointed by a majority of the boards of       190          

township trustees located within the district; one MEMBER AND      191          

THAT MEMBER'S ALTERNATE appointed by a majority of the county      193          

engineers of the district and who shall be a county engineer       194          

ENGINEERS; and one member AND THAT MEMBER'S ALTERNATE, who shall   195          

have experience in local infrastructure planning and economic      196          

development and who shall represent the interests of private       197          

industry within the district, shall be appointed by a majority of  198          

the members of the committee OR THEIR ALTERNATES.  If there is a   199          

county in the district in which there are no cities, the member    200          

that is AND THAT MEMBER'S ALTERNATE WHO ARE to be appointed by     201          

the chief executive officers of the cities within that county      202          

shall be appointed by the chief executive officer of the village   203          

with the largest population in that county.                        204          

      (7)  In districts five, seven, nine, ten, eleven, thirteen,  207          

fourteen, sixteen, and seventeen organized in accordance with      208          

divisions (A)(5) and (6) of this section, a nine-member AN         209          

executive committee OF NINE MEMBERS AND THEIR ALTERNATES shall be  210          

established that shall include at least one of the persons OR      211          

THEIR ALTERNATES appointed to the district committee by the chief  213          

executive officers of the villages within the district, at least   214          

one of the persons OR THEIR ALTERNATES appointed to the district   216          

committee by the boards of township trustees within the district,  217          

the person OR THAT PERSON'S ALTERNATE appointed to the district    218          

committee to represent the interests of private industry, and six  219          

additional district committee members OR THEIR ALTERNATES          220          

                                                          6      


                                                                 
selected to serve on the executive committee by a majority of the  222          

members of the district committee OR THEIR ALTERNATES, except      224          

that not more than three persons OR THEIR ALTERNATES who were                   

appointed to the district committee by a board of county           226          

commissioners and not more than three persons OR THEIR ALTERNATES  227          

who were appointed to the district committee by the chief          229          

executives of the cities located in the district shall serve on    230          

the executive committee.                                                        

      (8)  In districts fifteen and eighteen organized in          233          

accordance with division (A)(6) of this section, an eleven-member  234          

executive committee OF ELEVEN MEMBERS AND THEIR ALTERNATES shall   235          

be established that shall include at least one of the persons OR   236          

THEIR ALTERNATES appointed to the district committee by the chief  238          

executive officers of the villages within the district, at least   239          

one of the persons OR THEIR ALTERNATES appointed to the district   241          

committee by the boards of township trustees within the district,               

the person OR THAT PERSON'S ALTERNATE appointed to the district    242          

committee to represent the interests of private industry, and      244          

eight additional district committee members OR THEIR ALTERNATES    245          

selected to serve on the executive committee by a majority of the  246          

members of the district committee, except that not more than four  247          

persons OR THEIR ALTERNATES who were appointed to the district     249          

committee by a board of county commissioners and not more than                  

four persons OR THEIR ALTERNATES who were appointed to the         250          

district committee by the chief executives of the cities located   252          

in the district shall serve on the executive committee.  No more   253          

than two persons OR THEIR ALTERNATES from each county shall be on  254          

the executive committee.                                                        

      All decisions of a district committee required to be         256          

organized in accordance with divisions (A)(5) and (6) of this      257          

section must SHALL be approved by its executive committee.  The    258          

affirmative vote of at least seven executive committee members OR  259          

THEIR ALTERNATES for executive committees formed under division    260          

(A)(7) of this section and at least nine members OR THEIR          261          

                                                          7      


                                                                 
ALTERNATES for executive committees formed under division (A)(8)   263          

of this section is required for any action taken by vote of the    264          

executive committee, except that any decision of the executive     265          

committee may be rejected by a vote of at least two-thirds of the  266          

full membership of the district committee within thirty days of    267          

the executive committee action.  Only projects approved by the     268          

executive committee may be submitted to the director of the Ohio   269          

public works commission pursuant to section 164.05 of the Revised  270          

Code.                                                                           

      (B)  APPOINTING AUTHORITIES THAT APPOINT DISTRICT COMMITTEE  272          

MEMBERS SHALL APPOINT AN ALTERNATE FOR EACH COMMITTEE MEMBER       273          

APPOINTED UNDER DIVISIONS (A)(1) TO (6) OF THIS SECTION.  IF A     274          

DISTRICT COMMITTEE MEMBER IS ABSENT FROM A DISTRICT OR EXECUTIVE   275          

COMMITTEE OR SUBCOMMITTEE MEETING, THE ALTERNATE HAS THE RIGHT TO  276          

VOTE AND PARTICIPATE IN ALL PROCEEDINGS AND ACTIONS AT THAT        277          

MEETING.                                                                        

      (C)  Terms of office for members of district committees AND  279          

THEIR ALTERNATES shall be for three years, with each term ending   281          

on the same day of the same month as did the term that it          282          

succeeds.  Each member AND THAT MEMBER'S ALTERNATE shall hold      284          

office from the date of appointment until the end of the term for  285          

which appointed, except that with respect to any member OR THAT    286          

MEMBER'S ALTERNATE who was an elected or appointed official of a   287          

township, county, or municipal corporation, the term of office     288          

for such person under this section shall not extend beyond such    289          

term as an elected or appointed official.  Members AND THEIR       290          

ALTERNATES may be reappointed.  Vacancies shall be filled in the   292          

same manner provided for original appointments.  Any member OR                  

THAT MEMBER'S ALTERNATE appointed to fill a vacancy occurring      294          

prior to the expiration date of the term for which the member's    295          

OR ALTERNATE'S predecessor was apppointed APPOINTED shall hold     296          

office for the remainder of that term.  A member OR THAT MEMBER'S  298          

ALTERNATE shall continue in office subsequent to the expiration    300          

date of the member's OR ALTERNATE'S term until the member's OR     301          

                                                          8      


                                                                 
ALTERNATE'S successor takes office or until a period of sixty      302          

days has elapsed, whichever occurs first.  Each district public    303          

works integrating committee shall elect a chairperson,                          

vice-chairperson, and such other officers as it considers          304          

advisable.                                                                      

      (C)(D)  For purposes of this chapter, if a subdivision is    306          

located in more than one county or in more than one district, the  307          

subdivision shall be deemed to be a part of the county or          308          

district in which the largest number of its population is          309          

located.  However, if after a decennial census the change in a     310          

subdivision's population would result in the subdivision becoming  311          

part of a different county or district, the legislative authority  312          

of the subdivision may, by resolution, choose to remain a part of  313          

the county or district of which they were THE SUBDIVISION WAS      314          

originally deemed to be a part.  Such a decision is not revocable  316          

unless similar conditions arise following the next decennial       317          

census.                                                                         

      (D)(E)  Notwithstanding any provision of law to the          319          

contrary, a county, municipal, or township public official may     320          

serve as a member of a district public works integrating           321          

committee.                                                                      

      (E)(F)  A member of a district committee OR THAT MEMBER'S    323          

ALTERNATE does not have an unlawful interest in a public contract  325          

under section 2921.42 of the Revised Code solely by virtue of the  326          

receipt of financial assistance under this chapter by the local    327          

subdivision of which the member OR THAT MEMBER'S ALTERNATE is      328          

also a public official or appointee.                               329          

      Section 2.  That existing section 164.04 of the Revised      331          

Code is hereby repealed.                                           332