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S. B. No. 192As IntroducedAs Introduced
124th General Assembly | Regular Session | 2001-2002 |
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SENATOR Robert Gardner
A BILL
To amend section 3301.02 of the Revised Code to abolish the requirement that the State Board of Education be dissolved and recreated following the creation of new State Board of Education districts, to specify that members of the Board as of the time new districts are created shall represent their assigned districts for the term for which they were originally elected, and to declare an emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 3301.02 of the Revised Code be amended to read as follows:
Sec. 3301.02. (A) 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
shall by lot select six elected members, each of whom
shall serve for a
term of four years or until a successor is elected and
qualified, and the
remaining elected members shall each serve for a term of two years or
until 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 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.
(B) At any time the boundaries of state board of education
districts are changed, under division (B) of section
3301.01 of the Revised Code, a member of the state board whose
term will not expire within two years of the time the change in
boundaries is made shall represent, for the remainder of the term
for which the member was elected, the state board district
containing the largest portion of the population of the district
from which the member was elected. If more than one member whose
term will not so expire would represent the same district under
the provisions of this section, either the general assembly, if the general assembly enacted legislation establishing those districts under
division (B)(2) of section 3301.01 of the Revised Code, or
the governor, if the governor designated the bounderies of the districts under that division, shall
designate which member shall represent each district for the
balance of the members' terms. (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.
Section 2. That existing section 3301.02 of the Revised Code is hereby repealed.
Section 3. This act is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health, and safety. The reason for such necessity is that the State Board of Education otherwise will be dissolved and recreated upon the establishment of new districts, thereby requiring an election of all elected members in 2002. Therefore, this act shall go into immediate effect.
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