As Passed by the House

124th General Assembly
Regular Session
2001-2002
Am. Sub. S. B. No. 187


SENATORS Nein, Randy Gardner, DiDonato, Brady, Prentiss, Herington, Robert Gardner, Harris, Mumper, Ryan, Blessing, Espy, Spada

REPRESENTATIVES Callender, Calvert, Carano, Webster, Hartnett, Setzer, Barrett, Hoops, Roman, Schmidt, Coates, R. Miller, Ogg, Jolivette, Allen, Sulzer, Otterman, Patton, S. Smith, Seitz, Sykes, Niehaus, Metzger, Key, DeBose, Woodard, Beatty, Oakar, Olman, D. Miller, Perry, Redfern, Britton, Brown, Clancy, Husted



A BILL
To amend sections 505.71, 715.49, 3311.19, and1
3313.12 and to enact section 3313.537 of the 2
Revised Code to increase the maximum compensation 3
for members of school district boards of education 4
and educational service center governing boards, to5
permit compensation to school district board and 6
educational service center governing board members 7
for attendance at training programs, to prohibit 8
any school district board or employee from 9
restricting the participation in interscholastic 10
athletics of certain students who transfer to a 11
school of the district, to increase the maximum 12
number of meetings for which the board of trustees 13
of a joint ambulance district may be compensated14
each year, to increase the maximum amount of 15
compensation that a joint ambulance district board16
member may be paid for those meetings, and to make 17
changes in statutory municipal corporation noise 18
law.19


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

       Section 1. That sections 505.71, 715.49, 3311.19, and20
3313.12 be amended and section 3313.537 of the Revised Code be21
enacted to read as follows:22

       Sec. 505.71.  The boards of township trustees of one or more23
townships and the legislative authorities of any one or more24
municipal corporations within or adjoining suchthose townships,25
or the boards of township trustees of two or more townships, or26
the legislative authorityauthorities of two or more municipal27
corporations, may, by adoption of a joint resolution by a majority28
of the members of each board of township trustees and by a29
majority of the members of the legislative authority of each30
municipal corporation, create a joint ambulance district31
comprising the municipal corporations and all or any portions of32
the townships as are mutually agreed upon, except that no portion33
of a township or municipal corporation being served by a joint34
emergency medical services district shall be part of a joint35
ambulance district. A district so created shall be given a name36
different from the name of any participating township or municipal37
corporation.38

       The governing body of a district shall be a board of39
trustees, which shall include one representative appointed by each40
board of township trustees and one representative appointed by the41
legislative authority of each municipal corporation in the42
district. Members of the board of trustees may be compensated at43
a rate not to exceed twentyseventy-five dollars per meeting, not44
to exceed twelvefifteen meetings per year, and may be reimbursed45
for all necessary expenses incurred. The board shall employ a46
clerk. Before entering upon theofficial duties of his office,47
the clerk of the board of trustees of a joint ambulance district48
shall execute a bond, in the amount and with surety to be approved49
by the board, payable to the state, and conditioned for the50
faithful performance of all the official duties required of him51
the clerk. SuchThe bond shall be deposited with the presiding52
officer of the board, and copies thereofof it, certified by him53
the presiding officer, shall be filed with the county auditor of54
each county with a subdivision included in the district.55

       To provide the services and equipment it considers necessary56
for the district, the board may levy taxes, subject to Chapter57
5705. of the Revised Code, and issue bonds and other evidences of58
indebtedness, subject to Chapter 133. of the Revised Code, after59
submitting the question of suchthat issuance to the electors of60
the district in the manner provided by Chapter 133. of the Revised61
Code. The district may purchase, lease, maintain, and use all62
materials, equipment, vehicles, buildings, and land necessary to63
perform its duties.64

       Any municipal corporation or township may join an existing65
district by the adoption of a resolution requesting such66
membership and upon approval of the board of the district. Any67
municipal corporation or township may withdraw from a district by68
the adoption of a resolution ordering withdrawal. On or after the69
first day of January of the year following the adoption of the70
resolution of withdrawal, the municipal corporation or township71
withdrawing ceases to be a part of suchthe district, and the72
power of the district to levy a tax upon taxable property in the73
withdrawing township or municipal corporation terminates, except74
that the district shall continue to levy and collect taxes for the75
payment of indebtedness within the territory of the district as it76
was comprised at the time the indebtedness was incurred.77

       Upon the withdrawal of any township or municipal corporation78
from a district, the county auditor shall ascertain, apportion,79
and order a division of the funds on hand, moneys and taxes in the80
process of collection, except for taxes levied for the payment of81
indebtedness, credits, and real and personal property, either in82
money or in kind, on the basis of the valuation of the respective83
tax duplicates of the withdrawing municipal corporation or84
township and the remaining territory of the district.85

       When the number of townships and municipal corporations86
constituting a district is reduced to one, the district ceases to87
exist by operation of law, and the funds, credits, and property88
remaining after apportionments to withdrawing municipal89
corporations or townships, shall be assumed by the one remaining90
township or municipal corporation. When a district ceases to91
exist and an indebtedness remains unpaid, the board of county92
commissioners shall continue to levy and collect taxes for the93
payment of suchthat indebtedness within the territory of the94
district as it was comprised at the time the indebtedness was95
incurred.96

       Sec. 715.49. (A) Any municipal corporation may prevent97
riot, gambling, noise and disturbance, and indecent and disorderly98
conduct or assemblages, preserve the peace and good order, and99
protect the property of the municipal corporation and its100
inhabitants.101

       (B) Anytime a noise ordinance of a municipal corporation is102
violated, but the source of the noise is located outside the103
borders of that municipal corporation in an adjoining municipal104
corporation, the municipal corporation with the ordinance may105
enforce the ordinance against that source as long as there is a106
written agreement between the two municipal corporations107
permitting such enforcement.108

       Sec. 3311.19.  (A) The management and control of a joint109
vocational school district shall be vested in the joint vocational110
school district board of education. Where a joint vocational111
school district is composed only of two or more local school112
districts located in one county, or when all the participating113
districts are in one county and the boards of such participating114
districts so choose, the educational service center governing115
board of the county in which the joint vocational school district116
is located shall serve as the joint vocational school district117
board of education. Where a joint vocational school district is118
composed of local school districts of more than one county, or of119
any combination of city, local, or exempted village school120
districts or educational service centers, unless administration by121
the educational service center governing board has been chosen by122
all the participating districts in one county pursuant to this123
section, the board of education of the joint vocational school124
district shall be composed of one or more persons who are members125
of the boards of education from each of the city or exempted126
village school districts or members of the educational service127
centers' governing boards affected to be appointed by the boards128
of education or governing boards of such school districts and129
educational service centers. In such joint vocational school130
districts the number and terms of members of the joint vocational131
school district board of education and the allocation of a given132
number of members to each of the city and exempted village133
districts and educational service centers shall be determined in134
the plan for such district, provided that each such joint135
vocational school district board of education shall be composed of136
an odd number of members.137

       (B) Notwithstanding division (A) of this section, a138
governing board of an educational service center that has members139
of its governing board serving on a joint vocational school140
district board of education may make a request to the joint141
vocational district board that the joint vocational school142
district plan be revised to provide for one or more members of143
boards of education of local school districts that are within the144
territory of the educational service district and within the joint145
vocational school district to serve in the place of or in addition146
to its educational service center governing board members. If147
agreement is obtained among a majority of the boards of education148
and governing boards that have a member serving on the joint149
vocational school district board of education and among a majority150
of the local school district boards of education included in the151
district and located within the territory of the educational152
service center whose board requests the substitution or addition,153
the state board of education may revise the joint vocational154
school district plan to conform with such agreement.155

       (C) If the board of education of any school district or156
educational service center governing board included within a joint157
vocational district that has had its board or governing board158
membership revised under division (B) of this section requests the159
joint vocational school district board to submit to the state160
board of education a revised plan under which one or more joint161
vocational board members chosen in accordance with a plan revised162
under such division would again be chosen in the manner prescribed163
by division (A) of this section, the joint vocational board shall164
submit the revised plan to the state board of education, provided165
the plan is agreed to by a majority of the boards of education166
represented on the joint vocational board, a majority of the local167
school district boards included within the joint vocational168
district, and each educational service center governing board169
affected by such plan. The state board of education may revise170
the joint vocational school district plan to conform with the171
revised plan.172

       (D) The vocational schools in such joint vocational school173
district shall be available to all youth of school age within the174
joint vocational school district subject to the rules adopted by175
the joint vocational school district board of education in regard176
to the standards requisite to admission. A joint vocational177
school district board of education shall have the same powers,178
duties, and authority for the management and operation of such179
joint vocational school district as is granted by law, except by180
this chapter and Chapters 124., 3317., 3323., and 3331. of the181
Revised Code, to a board of education of a city school district,182
and shall be subject to all the provisions of law that apply to a183
city school district, except such provisions in this chapter and184
Chapters 124., 3317., 3323., and 3331. of the Revised Code.185

       (E) Where a governing board of an educational service center186
has been designated to serve as the joint vocational school187
district board of education, the educational service center188
superintendent shall be the executive officer for the joint189
vocational school district, and the governing board may provide190
for additional compensation to be paid to the educational service191
center superintendent by the joint vocational school district, but192
the educational service center superintendent shall have no193
continuing tenure other than that of educational service center194
superintendent. The superintendent of schools of a joint195
vocational school district shall exercise the duties and authority196
vested by law in a superintendent of schools pertaining to the197
operation of a school district and the employment and supervision198
of its personnel. The joint vocational school district board of199
education shall appoint a treasurer of the joint vocational school200
district who shall be the fiscal officer for such district and who201
shall have all the powers, duties, and authority vested by law in202
a treasurer of a board of education. Where a governing board of203
an educational service center has been designated to serve as the204
joint vocational school district board of education, such board205
may appoint the educational service center superintendent as the206
treasurer of the joint vocational school district.207

       (F) Each member of a joint vocational school district board208
of education may be paid such compensation as the board provides209
by resolution, but it shall not exceed eightyone hundred210
twenty-five dollars per member for each meeting attended plus211
mileage, at the rate per mile provided by resolution of the board,212
to and from meetings of the board.213

       The board may provide by resolution for the deduction of214
amounts payable for benefits under division (D) of section215
3313.202 of the Revised Code. No member of a board of a joint216
vocational school district who is purchasing any category of217
benefits under such section offered by a city, local, or exempted218
village school board or educational service center governing219
board, shall purchase the same category of benefits as a member of220
the joint vocational school board.221

       Each member of a joint vocational school district board may222
be paid such compensation as the board provides by resolution for223
attendance at an approved training program, provided that such224
compensation shall not exceed sixty dollars per day for attendance225
at a training program three hours or fewer in length and one226
hundred twenty-five dollars a day for attendance at a training227
program longer than three hours in length. However, no board228
member shall be compensated for the same training program under229
this section and section 3313.12 of the Revised Code.230

       Sec. 3313.12.  Each member of the educational service center231
governing board may be paid such compensation as the governing232
board provides by resolution, provided that any such compensation233
shall not exceed eightyone hundred twenty-five dollars a day plus234
mileage both ways, at the rate per mile provided by resolution of235
the governing board, to cover the actual and necessary expenses236
incurred duringfor attendance uponat any meeting of the board.237
Such expensescompensation and the expenses of the educational238
service center superintendent, itemized and verified, shall be239
paid from the educational service center governing board fund upon240
vouchers signed by the president of the governing board.241

       The board of education of any city, local, or exempted242
village school district may provide by resolution for compensation243
of its members, provided that such compensation shall not exceed244
eightyone hundred twenty-five dollars per member for meetings245
attended. The246

       The board may provide by resolution for the deduction of247
amounts payable for benefits under division (D) of section248
3313.202 of the Revised Code.249

       Each member of a district board or educational service center250
governing board may be paid such compensation as the respective251
board provides by resolution for attendance at an approved252
training program, provided that such compensation shall not exceed253
sixty dollars a day for attendance at a training program three254
hours or fewer in length and one hundred twenty-five dollars a day255
for attendance at a training program longer than three hours in256
length.257

       Sec. 3313.537. (A) No school district board of education or258
employee of such board shall prohibit a student who transfers to a259
school of the district and is entitled to attend school in the260
district without payment of tuition under section 3313.64 or261
3313.65 of the Revised Code from being eligible to participate in262
interscholastic athletic programs immediately upon transfer to the263
school solely on the basis that the student has transferred to the264
school.265

       Nothing in this section shall affect procedures required for266
interscholastic athletic participation under division (F)(6) or267
(7) of section 3313.64 of the Revised Code, any restrictions268
imposed on a student under division (B)(2) of section 3313.533 of269
the Revised Code, or the district's grade point average270
requirement adopted under section 3313.535 of the Revised Code.271

        (B) No school district board of education shall join or272
be a member of any organization that has a rule in effect that is273
in conflict with division (A) of this section.274

       Section 2. That existing sections 505.71, 715.49, 3311.19, 275
and 3313.12 of the Revised Code are hereby repealed.276