130th Ohio General Assembly
The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.

As Reported by the Senate State and Local Government
and Veterans Affairs Committee

123rd General Assembly
Regular Session
1999-2000
S. B. No. 31

SENATORS LATTA-GARDNER-SPADA


A BILL
To amend section 164.04 of the Revised Code to require the appointing authorities that appoint members of district public works integrating committees to appoint alternates for those members to act in their absence.

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


Section 1. That section 164.04 of the Revised Code be amended to read as follows:


Sec. 164.04. (A) In each of the districts created in section 164.03 of the Revised Code, a district public works integrating committee shall be established as follows:

(1) In district one, the district committee shall consist of seven members AND THEIR ALTERNATES appointed as follows: two members AND THEIR ALTERNATES shall be appointed by the board of county commissioners; two MEMBERS AND THEIR ALTERNATES shall be appointed by the chief executive officer of the most populous municipal corporation in the district; two MEMBERS AND THEIR ALTERNATES shall be appointed by a majority of the chief executive officers of the other municipal corporations located within the district; and one MEMBER AND THAT MEMBER'S ALTERNATE, who shall have experience in local infrastructure planning and economic development and who shall represent the interests of private industry within the district, shall be appointed by a majority of the members of the district committee OR THEIR ALTERNATES. Except with respect to the selection of the private sector member of the committee AND THAT MEMBER'S ALTERNATE, the affirmative vote of at least five committee members OR THEIR ALTERNATES is required for any action taken by a vote of the committee.

(2) In district two, the district committee shall consist of nine members AND THEIR ALTERNATES appointed as follows: two MEMBERS AND THEIR ALTERNATES shall be appointed by the board of county commissioners; three MEMBERS AND THEIR ALTERNATES shall be appointed by the chief executive officer of the most populous municipal corporation in the district; two MEMBERS AND THEIR ALTERNATES shall be appointed by a majority of the other chief executive officers of municipal corporations in the district; and two MEMBERS AND THEIR ALTERNATES shall be appointed by a majority of the boards of township trustees in the district. Of the appointments made MEMBERS APPOINTED by the board of county commissioners, one MEMBER AND THAT MEMBER'S ALTERNATE shall have experience in local infrastructure planning and economic development, and one MEMBER AND THAT MEMBER'S ALTERNATE shall be either a county commissioner or a county engineer of the district. The affirmative vote of at least seven members of the committee OR THEIR ALTERNATES is required for any action taken by a vote of the committee.

(3) In districts three, four, eight, twelve, and nineteen, the district committee shall consist of nine members AND THEIR ALTERNATES appointed as follows: two MEMBERS AND THEIR ALTERNATES shall be appointed by the board of county commissioners or by the chief executive officer of the county; two MEMBERS AND THEIR ALTERNATES shall be appointed by the chief executive officer of the most populous municipal corporation located within the district; two MEMBERS AND THEIR ALTERNATES shall be appointed by a majority of the other chief executive officers of the municipal corporations located in the district; two MEMBERS AND THEIR ALTERNATES shall be appointed by a majority of the boards of township trustees located in the district; and one MEMBER AND THAT MEMBER'S ALTERNATE, who shall have experience in local infrastructure planning and economic development and who shall represent the interests of private industry within the district, shall be appointed by a majority of the members of the committee OR THEIR ALTERNATES. Except with respect to the selection of the private sector member of the committee AND THAT MEMBER'S ALTERNATE, the affirmative vote of at least seven committee members OR THEIR ALTERNATES is required for any action taken by a vote of the committee.

(4) In district six, the district committee shall consist of nine members AND THEIR ALTERNATES appointed as follows: one member AND THAT MEMBER'S ALTERNATE shall be appointed by the board of county commissioners of each county in the district; one member AND THAT MEMBER'S ALTERNATE shall be appointed by the chief executive officer of the most populous municipal corporation in each county in the district; one member AND THAT MEMBER'S ALTERNATE shall be appointed alternately by a majority of the chief executives of the municipal corporations, other than the largest municipal corporation, within one of the counties of the district; and one member AND THAT MEMBER'S ALTERNATE shall be appointed alternately by a majority of the boards of township trustees within one of the counties in the district. The two persons who are the county engineers of the counties in the district, AND THE ALTERNATE OF EACH COUNTY ENGINEER, WHOM THE COUNTY ENGINEER OF THE COUNTY SERVED BY THAT COUNTY ENGINEER SHALL APPOINT, shall also be members of the committee. At least six of these members OR THEIR ALTERNATES shall agree upon the appointment to the committee of a private sector person AND THAT PERSON'S ALTERNATE who shall have experience in local infrastructure planning and economic development. The affirmative vote of seven committee members OR THEIR ALTERNATES is required for any action taken by a vote of the committee.

The first appointment to the committee made by the majority of the boards of township trustees of a county shall be made by the boards of township trustees located in the least populous county of the district, and the first appointment made by the majority of the chief executives of municipal corporations, other than the largest municipal corporation, of a county shall be made by the chief executives of municipal corporations, other than the largest municipal corporation, from the most populous county in the district.

Notwithstanding division (B) of this section, the members of the district committee AND THEIR ALTERNATES appointed alternately by a majority of the chief executive officers of municipal corporations, other than the largest municipal corporation, of a county and a majority of boards of township trustees of a county shall serve five-year terms.

(5) In districts seven, nine, and ten, the district committee shall consist of two members AND THEIR ALTERNATES appointed by the board of county commissioners of each county in the district, two members AND THEIR ALTERNATES appointed by a majority of the chief executive officers of all cities within each county in the district, three members AND THEIR ALTERNATES appointed by a majority of the boards of township trustees of all townships in the district, three members AND THEIR ALTERNATES appointed by a majority of chief executive officers of all villages in the district, one MEMBER AND THAT MEMBER'S ALTERNATE appointed by a majority of the county engineers in the district and who shall be a county engineer ENGINEERS, and one member AND THAT MEMBER'S ALTERNATE, who shall have experience in local infrastructure planning and economic development, shall be appointed by a majority of all other committee members OR THEIR ALTERNATES. If there is a county in the district in which there are no cities, the member that is AND THAT MEMBER'S ALTERNATE WHO ARE to be appointed by the chief executive officers of the cities within that county shall be appointed by the chief executive officer of the village with the largest population in that county.

(6) In districts five, eleven, and thirteen through eighteen, the members AND THEIR ALTERNATES of each district committee shall be appointed as follows: one MEMBER AND THAT MEMBER'S ALTERNATE shall be appointed by each board of county commissioners; one MEMBER AND THAT MEMBER'S ALTERNATE shall be appointed by the majority of the chief executive officers of the cities located in each county; three MEMBERS AND THEIR ALTERNATES shall be appointed by a majority of the chief executive officers of villages located within the district; three MEMBERS AND THEIR ALTERNATES shall be appointed by a majority of the boards of township trustees located within the district; one MEMBER AND THAT MEMBER'S ALTERNATE appointed by a majority of the county engineers of the district and who shall be a county engineer ENGINEERS; and one member AND THAT MEMBER'S ALTERNATE, who shall have experience in local infrastructure planning and economic development and who shall represent the interests of private industry within the district, shall be appointed by a majority of the members of the committee OR THEIR ALTERNATES. If there is a county in the district in which there are no cities, the member that is AND THAT MEMBER'S ALTERNATE WHO ARE to be appointed by the chief executive officers of the cities within that county shall be appointed by the chief executive officer of the village with the largest population in that county.

(7) In districts five, seven, nine, ten, eleven, thirteen, fourteen, sixteen, and seventeen organized in accordance with divisions (A)(5) and (6) of this section, a nine-member AN executive committee OF NINE MEMBERS AND THEIR ALTERNATES shall be established that shall include at least one of the persons OR THEIR ALTERNATES appointed to the district committee by the chief executive officers of the villages within the district, at least one of the persons OR THEIR ALTERNATES appointed to the district committee by the boards of township trustees within the district, the person OR THAT PERSON'S ALTERNATE appointed to the district committee to represent the interests of private industry, and six additional district committee members OR THEIR ALTERNATES selected to serve on the executive committee by a majority of the members of the district committee OR THEIR ALTERNATES, except that not more than three persons OR THEIR ALTERNATES who were appointed to the district committee by a board of county commissioners and not more than three persons OR THEIR ALTERNATES who were appointed to the district committee by the chief executives of the cities located in the district shall serve on the executive committee.

(8) In districts fifteen and eighteen organized in accordance with division (A)(6) of this section, an eleven-member executive committee OF ELEVEN MEMBERS AND THEIR ALTERNATES shall be established that shall include at least one of the persons OR THEIR ALTERNATES appointed to the district committee by the chief executive officers of the villages within the district, at least one of the persons OR THEIR ALTERNATES appointed to the district committee by the boards of township trustees within the district, the person OR THAT PERSON'S ALTERNATE appointed to the district committee to represent the interests of private industry, and eight additional district committee members OR THEIR ALTERNATES selected to serve on the executive committee by a majority of the members of the district committee, except that not more than four persons OR THEIR ALTERNATES who were appointed to the district committee by a board of county commissioners and not more than four persons OR THEIR ALTERNATES who were appointed to the district committee by the chief executives of the cities located in the district shall serve on the executive committee. No more than two persons OR THEIR ALTERNATES from each county shall be on the executive committee.

All decisions of a district committee required to be organized in accordance with divisions (A)(5) and (6) of this section must SHALL be approved by its executive committee. The affirmative vote of at least seven executive committee members OR THEIR ALTERNATES for executive committees formed under division (A)(7) of this section and at least nine members OR THEIR ALTERNATES for executive committees formed under division (A)(8) of this section is required for any action taken by vote of the executive committee, except that any decision of the executive committee may be rejected by a vote of at least two-thirds of the full membership of the district committee within thirty days of the executive committee action. Only projects approved by the executive committee may be submitted to the director of the Ohio public works commission pursuant to section 164.05 of the Revised Code.

(B) APPOINTING AUTHORITIES THAT APPOINT DISTRICT COMMITTEE MEMBERS SHALL APPOINT AN ALTERNATE FOR EACH COMMITTEE MEMBER APPOINTED UNDER DIVISIONS (A)(1) TO (6) OF THIS SECTION. IF A DISTRICT COMMITTEE MEMBER IS ABSENT FROM A DISTRICT OR EXECUTIVE COMMITTEE OR SUBCOMMITTEE MEETING, THE ALTERNATE HAS THE RIGHT TO VOTE AND PARTICIPATE IN ALL PROCEEDINGS AND ACTIONS AT THAT MEETING.

(C) Terms of office for members of district committees AND THEIR ALTERNATES shall be for three years, with each term ending on the same day of the same month as did the term that it succeeds. Each member AND THAT MEMBER'S ALTERNATE shall hold office from the date of appointment until the end of the term for which appointed, except that with respect to any member OR THAT MEMBER'S ALTERNATE who was an elected or appointed official of a township, county, or municipal corporation, the term of office for such person under this section shall not extend beyond such term as an elected or appointed official. Members AND THEIR ALTERNATES may be reappointed. Vacancies shall be filled in the same manner provided for original appointments. Any member OR THAT MEMBER'S ALTERNATE appointed to fill a vacancy occurring prior to the expiration date of the term for which the member's OR ALTERNATE'S predecessor was apppointed APPOINTED shall hold office for the remainder of that term. A member OR THAT MEMBER'S ALTERNATE shall continue in office subsequent to the expiration date of the member's OR ALTERNATE'S term until the member's OR ALTERNATE'S successor takes office or until a period of sixty days has elapsed, whichever occurs first. Each district public works integrating committee shall elect a chairperson, vice-chairperson, and such other officers as it considers advisable.

(C)(D) For purposes of this chapter, if a subdivision is located in more than one county or in more than one district, the subdivision shall be deemed to be a part of the county or district in which the largest number of its population is located. However, if after a decennial census the change in a subdivision's population would result in the subdivision becoming part of a different county or district, the legislative authority of the subdivision may, by resolution, choose to remain a part of the county or district of which they were THE SUBDIVISION WAS originally deemed to be a part. Such a decision is not revocable unless similar conditions arise following the next decennial census.

(D)(E) Notwithstanding any provision of law to the contrary, a county, municipal, or township public official may serve as a member of a district public works integrating committee.

(E)(F) A member of a district committee OR THAT MEMBER'S ALTERNATE does not have an unlawful interest in a public contract under section 2921.42 of the Revised Code solely by virtue of the receipt of financial assistance under this chapter by the local subdivision of which the member OR THAT MEMBER'S ALTERNATE is also a public official or appointee.


Section 2. That existing section 164.04 of the Revised Code is hereby repealed.
Please send questions and comments to the Webmaster.
© 2019 Legislative Information Systems | Disclaimer