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As Introduced
123rd General Assembly
Regular Session
1999-2000 | H. B. No. 711 |
REPRESENTATIVE BRADING
A BILL
To amend sections 3.15, 3301.01, 3301.02 to 3301.04, 3301.06, and 3501.02
of the Revised Code to enact as a separate act the sections of law
adding eight members appointed by the Governor to the State Board of
Education.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3.15, 3301.01, 3301.02, 3301.03, 3301.04,
3301.06, and 3501.02 of the Revised Code be amended to read as
follows:
Sec. 3.15. (A) Except as otherwise provided in division
(B) of this section, at all times during his ONE'S term of
office:
(1) Each member of the general assembly or AND EACH ELECTED VOTING
MEMBER of the state board of education shall be a resident of the district
he THE
MEMBER
represents.
(2) Each judge and each elected officer of a court shall
be a resident of the territory of that court.
(3) Each person holding an elective office of a political
subdivision shall be a resident of that political subdivision.
(4) Each member of a municipal legislative authority who
represents a ward shall be a resident of the ward he THE MEMBER
represents,
and each member of a board of education of a city school district
who represents a subdistrict shall be a resident of the
subdistrict he THE MEMBER represents.
(B) Any person who fails to meet any of the requirements
of division (A) of this section that apply to him THE PERSON
shall forfeit
his THE office. Division (A) of this section applies to persons
who
have been either elected or appointed to an elective office.
Division (A) of this section does not apply to a member of the
general assembly or the state board of education, to a member of
a municipal legislative authority who represents a ward, or to a
member of a board of education of a city school district who
represents a subdistrict, during the remainder of his THE
MEMBER'S existing
term of office after there is a change in his THE MEMBER'S
district's, ward's,
or subdistrict's boundaries that leaves his THE MEMBER'S
permanent residence
outside the district, ward, or subdistrict.
Sec. 3301.01. (A) There is hereby created the state board
of education consisting of NINETEEN MEMBERS WITH eleven ELECTED
members with, one member EACH TO BE elected
in accordance with section 3301.03 of the Revised Code from each
of the districts established in accordance with division (B) of
this section, AND WITH EIGHT MEMBERS TO BE APPOINTED BY THE GOVERNOR
WITH THE ADVICE AND CONSENT OF THE SENATE.
In addition to the NINETEEN ELECTED OR APPOINTED members elected in
accordance with section 3301.02 of the Revised Code, the chairman
CHAIRPERSON of the committee of the senate that primarily deals with
education and
the chairman CHAIRPERSON of the committee of the house of
representatives
that primarily deals with education shall be nonvoting ex officio
members of the board.
(B)(1) The territory of each state board of education
district FOR EACH ELECTED VOTING MEMBER OF THE BOARD shall consist of
the territory of three contiguous
senate districts as established in the most recent apportionment
for members of the general assembly, but the territory of no
senate district shall be part of the territory of more than one
state board of education district. Each state board of education
district shall be as compact as practicable. The districts shall
include, when practicable, some districts that primarily consist
of territory in rural areas and some districts that primarily
consist of territory in urban areas.
(2) If, after the apportionment for members of the general
assembly is made in any year, the general assembly does not
during that year enact legislation establishing state board of
education districts in accordance with division (B)(1) of this
section, the governor shall designate the boundaries of the
districts in accordance with division (B)(1) of this section no
later than the thirty-first day of January of the year next
succeeding such apportionment. Upon making such designation, the
governor shall give written notice of the boundaries of the
districts to each member of the state board of education,
including the nonvoting ex officio members; the superintendent of
public instruction; the president of the senate; the speaker of
the house of representatives; and the board of elections of each
county in each new district. On the first day of February in any
year in which the governor designates the boundaries of state
board of education districts under this section, the state board
of education districts as they existed prior to that date shall
cease to exist and the new districts shall be created.
Sec. 3301.02. (A) Members ELECTED VOTING MEMBERS of the state
board of education
as of the date of a change in district boundaries pursuant to
legislation enacted by the general assembly or division (B)(2) of
section 3301.01 of the Revised Code shall continue in office
until their successors are elected and qualified for office, at
which time the board whose successors have been so qualified
shall be dissolved. At the first regular state election that
occurs after a change in the boundaries of state board of
education districts, in conformity with the general election laws
of this state, one board member shall be elected from each state
board of education district for a term of office beginning the
first day of January immediately following such election. The
term of office of each ELECTED member shall be determined by lot at the
initial organization meeting of the board. The ELECTED members
elected shall by lot select six ELECTED members, each of whom
shall serve for a
term of four years or until his A successor is elected and
qualified, and the
remaining ELECTED members shall each serve for a term of two years or
until his A successor is elected and qualified.
(B) At each subsequent regular state election, in
conformity with the general election laws of this state, the ELECTED
members shall be elected as required by expiration of respective
terms, each for a term of four years or until his A successor is
elected and qualified. One ELECTED member shall be elected from each
district respectively in which the term of office of a board
member expires on the first day of January following the election
except that, when the boundaries of state board of education
districts are changed pursuant to legislation enacted by the
general assembly or division (B)(2) of section 3301.01 of the
Revised Code, division (A) of this section shall govern the
election. The term of office of each member so elected shall
begin on the first day of January immediately following this
election.
(C) APPOINTED VOTING MEMBERS OF THE BOARD SHALL SERVE FOUR-YEAR
TERMS BEGINNING THE FIRST DAY OF JANUARY AND ENDING ON THE
THIRTY-FIRST DAY OF DECEMBER. EXCEPT AS PROVIDED IN DIVISION
(D) OF THIS SECTION, MEMBERS MAY BE REAPPOINTED.
(D) NO PERSON, ELECTED OR APPOINTED, SHALL HOLD THE OFFICE OF
MEMBER OF THE STATE BOARD OF EDUCATION FOR A PERIOD OF LONGER THAN TWO
SUCCESSIVE TERMS OF FOUR YEARS. TERMS SHALL BE CONSIDERED SUCCESSIVE UNLESS
SEPARATED BY A PERIOD OF FOUR OR MORE YEARS. ONLY TERMS BEGINNING ON OR AFTER
JANUARY 1, 1996, SHALL BE CONSIDERED IN DETERMINING AN INDIVIDUAL'S
ELIGIBILITY TO HOLD OFFICE.
Sec. 3301.03. Each ELECTED voting member of the state board of
education shall be a
qualified elector residing in the territory composing the district from
which he THE MEMBER is elected, and shall be nominated and
elected to
office as provided by
Title XXXV of the Revised Code. EACH APPOINTED VOTING MEMBER OF
THE BOARD SHALL BE A QUALIFIED ELECTOR RESIDING IN THE STATE. AT LEAST FOUR
OF THE APPOINTED VOTING MEMBERS SHALL REPRESENT RURAL SCHOOL DISTRICTS IN THE
STATE, AS EVIDENCED BY THE MEMBER'S
CURRENT PLACE OF RESIDENCE AND AT LEAST ONE OF THE
FOLLOWING:
(A) THE MEMBER'S CHILDREN ATTEND, OR AT ONE TIME ATTENDED,
SCHOOL IN A RURAL DISTRICT;
(B) THE MEMBER'S PAST OR PRESENT OCCUPATION IS ASSOCIATED
WITH RURAL AREAS OF THE STATE;
(C) THE MEMBER POSSESSES OTHER CREDENTIALS OR EXPERIENCE
DEMONSTRATING KNOWLEDGE AND FAMILIARITY WITH RURAL SCHOOL DISTRICTS.
No ELECTED OR APPOINTED voting member of
the board shall, during
the member's term of office, hold any other public
position of trust or profit or be an
employee or officer of any public or private elementary or secondary
school. Before entering on the duties of office, each ELECTED AND
APPOINTED voting member
shall subscribe to the official oath of office.
Each voting member of the state board of education shall be paid a salary
fixed pursuant to division (J) of section 124.15 of the Revised Code, together
with the member's actual and necessary expenses incurred
while engaged in the
performance of the member's official duties or in the
conduct of authorized board
business, and while en route to and from the member's home
for such purposes.
Sec. 3301.04. A meeting of the members elected to the state board of
education
pursuant to division (A) of section 3301.02 of the Revised Code shall
be held between the first and fifteenth day of January immediately
following the general election at which such members are elected,
in Columbus, Ohio, at 1:30 p.m. eastern standard time at the
office of the superintendent of public instruction, at which time
the board shall organize, select the term of members as provided
by section 3301.02 of the Revised Code, adopt rules of procedure,
elect a president and a vice-president each of whom shall serve
for two years or until his successor is elected and qualified, and
transact such other business as the board deems advisable. At such
initial organization meeting the state board of education may
continue to employ and determine the salary of any person holding
any position or office in the department of education as such
department was in existence immediately prior to such meeting,
until such time as appointments of personnel are made under
sections 3301.08 and 3301.13 of the Revised Code. Thereafter,
between
BETWEEN the first and fifteenth THIRTY-FIRST day of
January of each ODD-NUMBERED year immediately following the general
election at which board members are elected, the STATE board OF
EDUCATION shall hold an organization
meeting at which time it shall adopt rules of procedure, elect a
president and a vice-president each of whom shall serve for two
years or until his THE PRESIDENT'S OR VICE-PRESIDENT'S successor
is elected and qualified, and
transact such business as the board deems advisable.
The state board of education shall hold regular meetings
once every three months and at such times as they may be called
as provided in this section. Special meetings of the board may
be called by the president, and, upon written request signed by
at least a majority of the members, the president shall call a
special meeting of the board. The president shall give notice
through the superintendent of public instruction by registered
mail to each member of the board at least ten days prior to the
time of any special meeting. The state board of education shall
hold its meetings at anywhere in Ohio designated by the board.
Sec. 3301.06. A vacancy in the state board of education may be caused by
death, nonresidence, resignation, removal from office, failure of a person
elected to qualify within ten days after the organization of the board or of
his THE PERSON'S election, removal from the district of election
OR FROM RESIDENCE IN THE STATE, or absence from any two
consecutive regular meetings of the board if such absence is caused by reasons
declared insufficient by a vote of seven TWELVE members of the
board. When such A vacancy occurs IN THE OFFICE OF AN
ELECTED MEMBER, the governor
shall, within a period of thirty days and with the advice and consent of the
senate, appoint a qualified person residing in the district in which
such THE vacancy occurred to fill the vacancy until the next
general
election at which members
of the state board of education are elected, at which time a qualified elector
residing in the district in which the vacancy occurred shall be elected for
the unexpired term. Such member shall assume office at the next succeeding
meeting of the board. WHEN A VACANCY OCCURS IN THE OFFICE OF AN APPOINTED
MEMBER, THE GOVERNOR SHALL, WITHIN A PERIOD OF THIRTY DAYS AND WITH THE ADVICE
AND CONSENT OF THE SENATE, APPOINT A QUALIFIED PERSON TO SERVE THE REMAINDER
OF THE TERM.
Sec. 3501.02. General elections in the state and its
political subdivisions shall be held as follows:
(A) For the election of electors of president and
vice-president of the United States, in the year of 1932 and
every four years thereafter;
(B) For the election of a member of the senate of the
United States, in the years 1932 and 1934, and every six years
after each of such years; except as otherwise provided for
filling vacancies;
(C) For the election of representatives in the congress of
the United States and of elective state and county officers,
including ELECTED members of the state board of education, in the
even-numbered years; except as otherwise provided for filling
vacancies;
(D) For municipal and township officers, members of boards
of education, judges and clerks of municipal courts, in the
odd-numbered years;
(E) Proposed constitutional amendments or proposed
measures submitted by the general assembly or by initiative or
referendum petitions to the voters of the state at large may be
submitted to the general election in any year occurring at least
sixty days, in case of a referendum, and ninety days, in the case
of an initiated measure, subsequent to the filing of the
petitions therefor. Proposed constitutional amendments submitted
by the general assembly to the voters of the state at large may
be submitted at a special election occurring on the day in any
year specified by division (E) of section 3501.01 of the Revised
Code for the holding of a primary election, when a special
election on that date is designated by the general assembly in
the resolution adopting the proposed constitutional amendment.
No special election shall be held on a day other than the
day of a general election, unless a law or charter provides
otherwise, regarding the submission of a question or issue to the
voters of a county, township, city, village, or school district.
(F) Any question or issue, except a candidacy, to be voted
upon at an election shall be certified, for placement upon the
ballot, to the board of elections not
later than four p.m. of the seventy-fifth day
before the day of the election.
Section 2. That existing sections 3.15, 3301.01, 3301.02, 3301.03,
3301.04, 3301.06, and 3501.02 of the Revised Code are hereby
repealed.
Section 3. The amendments to sections 3.15, 3301.01,
3301.02, 3301.03, 3301.04, 3301.06, and 3501.02 of the
Revised Code are virtually identical to amendments
made to those sections purpose by Am. Sub. H.B. 117
of the 121st General Assembly, 146 Ohio Laws 900.
The original enactment of those amendments in Am. Sub. H.B. 117
has been questioned on grounds it violated the one-subject rule of
Ohio Constitution, Article II, Section 15(D). Re-enactment of the
amendments and the corresponding partial reconstitution of the
State Board of Education by this act are intended to render this
question moot. The amendments in this act differ from those in
Am. Sub. H.B. 117 only insofar as necessary to conform to changes
in sentence structure made by amendments subsequent to Am. Sub.
H.B. 117.
Section 4. The State Board of Education, as it exists on the effective date
of this act, is dissolved insofar as it consists of members
appointed to the board prior to the effective date of this act
(other than to fill a vacancy among the elected members).
The Governor shall appoint appointive
members of the State Board of Education within thirty days of the
effective date of this act. Notwithstanding division (C) of
section 3301.02 of the Revised Code, the Governor shall appoint
four of the appointive members to terms ending on the
thirty-first day of December occurring at least two calendar years
after the date the appointments are made and four of such members
to terms ending on the thirty-first day of December occurring at
least four calendar years after the date the appointments are
made. Thereafter, terms of office for all appointive members
shall be for four years in accordance with division (C) of section
3301.02 of the Revised Code.
Section 5. This act does not affect the elected voting members of the State
Board of Education who are holding office on its effective date.
Section 6. Section 3501.02 of the Revised Code is presented in this act
as a composite of the section as amended by both
Am. Sub. H.B. 99 and Am. Sub. H.B. 117 of the 121st General Assembly, with the
new language of neither of the acts shown in capital letters.
This is in recognition of the principle stated in division (B) of section
1.52 of the Revised Code that such amendments are to be
harmonized where not substantively irreconcilable and constitutes
a legislative finding that such is the resulting version in effect prior to
the effective date of this act.
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