As Introduced

127th General Assembly
Regular Session
2007-2008
H. B. No. 589


Representative Dodd 



A BILL
To amend sections 5512.05, 5512.07, and 5512.08 of 1
the Revised Code to revise the membership of the 2
transportation review advisory council.3


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

       Section 1. That sections 5512.05, 5512.07, and 5512.08 of the 4
Revised Code be amended to read as follows:5

       Sec. 5512.05.  In performing its duty to develop the project6
selection process, and list of projects, the transportation review 7
advisory council shall conduct no more than sixat least one8
public hearingshearing per year at various locations around the 9
statein each department of transportation district. At the 10
hearings, the council shall accept public comment related to the 11
project selection process, and on the merits of major new12
transportation projects. Members of the council shall attend the 13
hearings in person.14

       Sec. 5512.07.  (A) There is hereby created the transportation 15
review advisory council. No member of the general assembly shall 16
be a member of the council. The council shall consist of nine17
seventeen members, one of whom is the director of transportation, 18
who shall serve as an ex officio member. SixTwelve members shall 19
be appointed by the governor with the advice and consent of the 20
senate. One member of the house of representatives shall be 21
appointed by the speaker of the house of representatives and one 22
member of the house of representatives shall be appointed by the 23
minority leader of the house of representatives. One member of the 24
senate shall be appointed by the president of the senate. In 25
making their appointments, the governor, the speaker of the house 26
of representatives, and the president of the senate shall consult 27
with each other so that of the total number of eight appointed 28
members, at least two areand one member of the senate shall be 29
appointed by the minority leader of the senate. Legislative 30
members of the council shall be nonvoting. Six of the members 31
appointed by the governor shall be affiliated with the major 32
political party not represented by the governor. In making the 33
governor's appointments,Each person appointed by the governor 34
shall appoint persons who reside in a different geographic areas 35
of the statedepartment of transportation district. Within ninety 36
days after June 30, 1997, the governor, speaker, and president37
shall make the initial appointments to the council.38

       Appointed members shall have no conflict of interest with the 39
position. For purposes of this section, "conflict of interest" 40
means taking any action that violates any provision of Chapter 41
102. or 2921. of the Revised Code.42

       Each of the members the governor appoints shall have43
experience, within five years of the date of initial appointment,44
either in the area of transportation or in that of business or45
economic development.46

       One such member shall be selected from a list of five names47
provided by the Ohio public expenditure council.48

       (B) Of the governor's initial appointments made to the 49
council, one shall be for a term ending one year after June 30,50
1997, one shall be for a term ending two years after June 30,51
1997, one shall be for a term ending four years after June 30, 52
1997, and one shall be for a term ending five years after June 30, 53
1997. Within ninety days after September 16, 1998, the governor54
shall make two appointments to the council. Of these appointments, 55
one shall be for a term ending June 30, 2001, and one shall be for 56
a term ending June 30, 2002. The speaker's and president's initial 57
appointments made to the council shall be for a term ending three 58
years after June 30, 1997.The governor, speaker, president, and 59
minority leaders shall make the first appointments after the 60
effective date of this amendment so that the members' terms of 61
office begin on the first day of January in the first odd-numbered 62
year after the effective date of this amendment. Members holding 63
office on the effective date of this amendment are not eligible 64
for reappointment, but shall continue in office until the first 65
members appointed after the effective date of this amendment take 66
office, provided the governor may make any interim appointments 67
necessary to fill vacancies on the council. Of the governor's 68
first appointments made to the council after the effective date of 69
this amendment, each appointee who resides in an even-numbered 70
department of transportation district shall be appointed for a 71
four-year term and each appointee who resides in an odd-numbered 72
department of transportation district shall be appointed for a 73
two-year term. Thereafter, all terms of office, including the 74
terms for those persons who are appointed to succeed the persons 75
whose appointments are made within ninety days after September 76
16, 1998, shall be for fivefour years, with each term ending on 77
the same day of the same month as did the term that it succeeds78
last day of December in even-numbered years. Each member shall 79
hold office from the date of appointment until the end of the 80
term for which the member was appointed. Members may be 81
reappointed to not more than two terms of office, provided that a 82
member first appointed to a two-year term is eligible to serve two 83
additional four-year terms. Vacancies shall be filled in the 84
manner provided for original appointments. Any member appointed 85
to fill another member's unexpired term shall hold office for the 86
remainder of that unexpired term. A member shall continue in 87
office subsequent to the expiration of the member's term until 88
the member's successor takes office.89

       (C) The director of transportation is the chairperson of the 90
council.91

       Sec. 5512.08. MembersVoting members of the transportation 92
review advisory council, except the director of transportation, 93
shall be compensated at the rate of seven thousand five hundred94
dollars for service on the council from July 1, 1997, through June 95
30, 1998, and five thousand dollars for each subsequent year 96
beginning on July 1, 1998. In addition, voting members shall 97
receive necessary travel and other expenses related to their 98
service on the council, except that the combined amount of 99
compensation and expenses paid to any member under this section 100
shall not exceed fifteen thousand dollars in any year. Council 101
members who are members of the general assembly shall serve 102
without compensation.103

       As used in this section, "year" means the first day of July 104
through the thirtieth day of June.105

       Section 2. That existing sections 5512.05, 5512.07, and 106
5512.08 of the Revised Code are hereby repealed.107