Bill Text: OH HB58 | 2013-2014 | 130th General Assembly | Introduced

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Bill Title: To change the voting membership of the State Board of Education to consist of a member from each of several electoral districts with boundaries coinciding with the state's Congressional districts and a president to be appointed by the Governor if there is an even number of such electoral districts.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2013-02-12 - To Education [HB58 Detail]

Download: Ohio-2013-HB58-Introduced.html

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As Introduced

130th General Assembly Regular Session 2013-2014

H. B. No. 58

Representative Gerberry 

Cosponsors: Representatives Cera, Mallory 

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A BILL

To amend sections 3301.01, 3301.03, 3301.04, 3301.05,

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3301.06, and 3513.259, to enact new section

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3301.02 and section 3301.021, and to repeal

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section 3301.02 of the Revised Code to change the

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voting membership of the State Board of Education

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to consist of a member from each of several

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electoral districts with boundaries coinciding

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with the state's Congressional districts and a

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president to be appointed by the Governor if there

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is an even number of such electoral districts.

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

Section 1. That sections 3301.01, 3301.03, 3301.04, 3301.05,	11
3301.06, and 3513.259 be amended and new section 3301.02 and	12
section 3301.021 of the Revised Code be enacted to read as	13
follows:	14

Sec. 3301.01. (A) There is hereby created the state board of	15
education consisting of nineteen members with eleven elected	16
members, one each to be elected in accordance with section 3301.03	17
of the Revised Code from each of the districts established in	18
accordance with division (B) of this section, and with eight	19
members to be appointed by the governor with the advice and	20
consent of the senateone member from each district created under	21
this section. For the purpose of election of board members, the	22
state shall be divided into the number of congressional districts	23
from time to time created under section 3521.01 of the Revised	24
Code. The boundaries of the state board of education districts and	25
the counties comprising each board member's district shall	26
coincide with the boundaries and counties comprising each of the	27
congressional districts from time to time created under section	28
3521.01 of the Revised Code. One voting member of the state board	29
shall be elected from each district.	30

If at any time there is an even number of districts, the	31
governor shall appoint an additional member who shall be the	32
president of the board and who shall vote on board matters only in	33
the case of a tie among the other members of the board. This	34
member shall be appointed in accordance with section 3301.021 of	35
the Revised Code.	36

If there is an odd number of districts, the governor shall	37
not appoint the president of the board. In that case, the	38
president shall be selected by the members of the board and shall	39
be a voting member elected from one of the districts described in	40
this section.	41

In addition to the nineteen elected or appointedvoting	42
members, the chairperson of the committee of the senate that	43
primarily deals with education and the chairperson of the	44
committee of the house of representatives that primarily deals	45
with education shall be nonvoting ex officio members of the board.	46

(B)(1) The territory of each state board of education	47
district for each elected voting member of the board shall consist	48
of the territory of three contiguous senate districts as	49
established in the most recent apportionment for members of the	50
general assembly, but the territory of no senate district shall be	51
part of the territory of more than one state board of education	52
district. Each state board of education district shall be as	53
compact as practicable. The districts shall include, when	54
practicable, some districts that primarily consist of territory in	55
rural areas and some districts that primarily consist of territory	56
in urban areas.	57

(2) If, after the apportionment for members of the general	58
assembly is made in any year, the general assembly does not during	59
that year enact legislation establishing state board of education	60
districts in accordance with division (B)(1) of this section, the	61
governor shall designate the boundaries of the districts in	62
accordance with division (B)(1) of this section no later than the	63
thirty-first day of January of the year next succeeding such	64
apportionment. Upon making such designation, the governor shall	65
give written notice of the boundaries of the districts to each	66
member of the state board of education, including the nonvoting ex	67
officio members; the superintendent of public instruction; the	68
president of the senate; the speaker of the house of	69
representatives; and the board of elections of each county in each	70
new district. On the first day of February in any year in which	71
the governor designates the boundaries of state board of education	72
districts under this section, the state board of education	73
districts as they existed prior to that date shall cease to exist	74
and the new districts shall be created.	75

Sec. 3301.02. (A) The elected members of the state board of	76
education as of the date of a change in district boundaries under	77
section 3521.01 of the Revised Code shall continue in office until	78
their successors are elected and qualified for office, at which	79
time the board whose successors have been so qualified shall be	80
dissolved. At the first general election for members of the	81
congress which occurs after or as a result of a change in	82
congressional districts, in conformity with the general election	83
laws of this state, one board member shall be elected from each	84
congressional district for a term of office beginning the first	85
day of January immediately following that election. At the time	86
that the general assembly determines the boundaries of the	87
electoral districts for members of the congress under section	88
3521.01 of the Revised Code, the general assembly shall prescribe	89
a whole number numerical designation for each state board district	90
simultaneously created under section 3301.01 of the Revised Code	91
beginning with "1" and continuing sequentially until all the	92
districts are designated. Elected members of the state board who	93
reside in state board districts designated with an odd number	94
shall serve for a term of four years. Elected members of the state	95
board who reside in state board districts designated with an even	96
number shall serve for a term of two years.	97

(B) After the board has been constituted and the members'	98
terms of office have been determined under division (A) of this	99
section, in each subsequent year in which a congressional election	100
is held, at the general election that year, in conformity with the	101
general election laws of this state, the members of the board	102
shall be elected as required by expiration of respective terms,	103
each for a term of four years or until the member's successor is	104
elected and qualified. One member shall be elected for each	105
district respectively in which the term of office of a board	106
member expires on the first day of January following the election	107
except when the boundaries of congressional districts are changed	108
under section 3521.01 of the Revised Code, at which time terms of	109
office shall be determined under division (A) of this section. The	110
term of office of each member shall begin on the first day of	111
January immediately following this election.	112

Sec. 3301.021. When there is an even number of state board of	113
education electoral districts as determined under section 3301.01	114
of the Revised Code, not less than thirty days after each election	115
for members of the state board, the governor shall appoint an	116
additional member qualified under section 3301.03 of the Revised	117
Code with the advice and consent of the senate. The member	118
appointed under this section shall be the president of the board	119
and shall vote on board matters only in the case of a tie among	120
the other members of the board. The term of office of the member	121
appointed under this section shall be two years. Any vacancy in	122
the office of the member appointed under this section shall be	123
filled in the same manner as the original appointment. Any member	124
appointed under this section to fill a vacancy occurring prior to	125
the expiration date of the term for which the member's predecessor	126
was appointed shall hold office for the remainder of that member's	127
predecessor's term.	128

Sec. 3301.03.  Each elected voting member of the state board	129
of education shall be a qualified elector residing in the	130
territory composing the district from which the member is elected,	131
and shall be nominated and elected to office as provided by Title	132
XXXV of the Revised Code. Each appointed voting member of the	133
boardA member appointed under section 3301.021 of the Revised	134
Code shall be a qualified elector residing in the state. At least	135
four of the appointed voting members shall represent rural school	136
districts in the state, as evidenced by the member's current place	137
of residence and at least one of the following:	138

(A) The member's children attend, or at one time attended,	139
school in a rural district;	140

(B) The member's past or present occupation is associated	141
with rural areas of the state;	142

(C) The member possesses other credentials or experience	143
demonstrating knowledge and familiarity with rural school	144
districts.	145

No elected or appointed voting member of the board shall,	146
during the member's term of office, hold any other public position	147
of trust or profit or be an employee or officer of any public or	148
private elementary or secondary school. Before entering on the	149
duties of office, each elected and appointed voting member shall	150
subscribe to the official oath of office.	151

Each voting member of the state board of education shall be	152
paid a salary fixed pursuant to division (J) of section 124.15 of	153
the Revised Code, together with the member's actual and necessary	154
expenses incurred while engaged in the performance of the member's	155
official duties or in the conduct of authorized board business,	156
and while en route to and from the member's home for such	157
purposes.	158

Sec. 3301.04.  Between the first and thirty-first day of	159
January of each odd-numbered year, the state board of education	160
shall hold an organization meeting at which time it shall adopt	161
rules of procedure, elect a president and a vice-president each of	162
whomwho shall serve for two years or until the president's or	163
vice-president's successor is elected and qualified, and transact	164
such business as the board deems advisable. If there is an odd	165
number of state board electoral districts, as determined under	166
section 3301.01 of the Revised Code, the board shall also elect a	167
president who shall serve for two years or until the president's	168
successor is elected and qualified. Such president shall be the	169
chief presiding officer of the board and may vote on all board	170
matters.	171

When a president is appointed under section 3301.021 of the	172
Revised Code, the president shall serve as the chief presiding	173
officer of the board but shall vote on board matters only in the	174
case of a tie vote among the other members. The vice-president may	175
substitute for the president appointed under section 3301.021 of	176
the Revised Code as presiding officer but only the president	177
appointed under section 3301.021 of the Revised Code may vote to	178
break a tie vote.	179

The state board of education shall adopt, by the thirty-first	180
day of March each year, a calendar indicating the dates on which	181
the board will hold its regular meetings for the following fiscal	182
year. The board may hold special meetings on dates not indicated	183
on the adopted calendar at such times as they may be called as	184
provided in this section. Special meetings of the board may be	185
called by the president, and, upon written request signed by at	186
least a majority of the members, the president shall call a	187
special meeting of the board. The president, or the president's	188
designee, shall give notice through the superintendent of public	189
instruction to each member of the board at least ten days prior to	190
the time of any special meeting. The notice may be delivered by	191
regular mail or by electronic means. The state board of education	192
shall hold its meetings anywhere in Ohio designated by the board.	193

Sec. 3301.05.  A majority of the voting members of the state	194
board of education shall constitute a quorum for the transaction	195
of business. Official actions of the state board, including the	196
making and adoption of motions and resolutions, shall be	197
transacted only at public meetings open to the public. The	198
superintendent of public instruction, or a designated subordinate	199
designated by him, shall record all official actions taken at each	200
meeting of the board in a book provided for that purpose, which	201
shall be a public record. The record of the proceedings of each	202
meeting of the board shall be read at its next succeeding meeting	203
and corrected and approved, which approval shall be noted in the	204
proceedings. The president or vice-president, if substituting as	205
presiding officer, shall sign the record and the superintendent of	206
public instruction or hisa designated subordinate attest it.	207

Sec. 3301.06.  A vacancy in the state board of education may	208
be caused by death, nonresidence, resignation, removal from	209
office, failure of a person elected to qualify within ten days	210
after the organization of the board or of the person's election,	211
removal from the district of election or from residence in the	212
state, or absence from any two consecutive regular meetings of the	213
board if such absence is caused by reasons declared insufficient	214
by a two-thirds vote of twelveall elected members of the board.	215
When a vacancy occurs in the office of an elected member, the	216
governor shall, within a period of thirty days and with the advice	217
and consent of the senate, appoint a qualified person residing in	218
the district in which the vacancy occurred to fill the vacancy	219
until the next general election at which members of the state	220
board of education are elected, at which time a qualified elector	221
residing in the district in which the vacancy occurred shall be	222
elected for the unexpired term. Such member shall assume office at	223
the next succeeding meeting of the board. When a vacancy occurs in	224
the office of an appointed member, the governor shall, within a	225
period of thirty days and with the advice and consent of the	226
senate, appoint a qualified person to serve the remainder of the	227
term.	228

Sec. 3513.259.  Nominations of candidates for the office of	229
member of the state board of education shall be made only by	230
nominating petition. The nominating petition of a candidate for	231
the office of member of the state board of education shall be	232
signed by not less than one hundred qualified electors.	233

No such nominating petition shall be accepted for filing if	234
it appears on its face to contain signatures aggregating in number	235
more than three times the minimum number of signatures required by	236
this section. A board of elections shall not accept for filing a	237
nominating petition of a person if that person, for the same	238
election, has already filed a declaration of candidacy, a	239
declaration of intent to be a write-in candidate, or a nominating	240
petition, or has become a candidate through party nomination at a	241
primary election or by the filling of a vacancy under section	242
3513.30 or 3513.31 of the Revised Code, to be a candidate for any	243
other state office or any federal or county office. When a	244
petition of a candidate has been accepted for filing by a board of	245
elections, the petition shall not be deemed invalid if, upon	246
verification of signatures contained in the petition, the board of	247
elections finds the number of signatures accepted exceeds three	248
times the minimum number of signatures required. A board of	249
elections may discontinue verifying signatures when the number of	250
verified signatures equals the minimum required number of	251
signatures. Such petition shall be filed with the board of	252
elections of the most populous county in such district not later	253
than four p.m. of the ninetieth day before the day of the general	254
election at which state board of education members are elected.	255

Each nominating petition shall be signed by qualified	256
electors residing in the district in which the candidate	257
designated therein would be a candidate for election to the office	258
of member of the state board of education. Each candidate shall be	259
a qualified elector residing in the district in which the	260
candidate seeks election to such office.	261

As the word "district" is used in this section, it refers to	262
a district created under section 3301.01 of the Revised Code, the	263
boundaries of which districts shall coincide with the boundaries	264
of congressional districts as established under section 3521.01 of	265
the Revised Code.	266

Section 2. That existing sections 3301.01, 3301.03, 3301.04,	267
3301.05, 3301.06, and 3513.259 and section 3301.02 of the Revised	268
Code are hereby repealed.	269

Section 3. (A) Sections 1 and 2 of this act take effect on	270
the earliest date prescribed by law; however, the State Board of	271
Education as constituted under sections 3301.01, 3301.02, 3301.03,	272
3301.04, 3301.05, 3301.06, and 3513.259 of the Revised Code, as	273
those sections existed prior to the effective date of this	274
section, shall continue in office until such time as members of	275
the State Board are elected from districts prescribed in section	276
3301.01 of the Revised Code as amended by this act at the general	277
election to be held on November 4, 2014, and are qualified for	278
office. At that time, the board whose successors have been so	279
qualified shall be dissolved. Except as provided in division (B)	280
of this section, the State Board shall thereafter be constituted	281
as prescribed in sections 3301.01, 3301.02, 3301.021, 3301.03,	282
3301.04, 3301.05, 3301.06, and 3513.259 of the Revised Code as	283
amended and enacted by this act.	284

(B)(1) Notwithstanding section 3301.02 of the Revised Code as	285
enacted by this act, elected members of the State Board who are	286
elected at the November 4, 2014, general election and who reside	287
in State Board districts that correspond with congressional	288
districts designated under section 3521.01 of the Revised Code	289
with an odd number shall serve for a term of four years. Elected	290
members of the State Board who are elected at the November 4,	291
2014, general election and who reside in State Board districts	292
that correspond with congressional districts designated under that	293
section with an even number shall serve for a term of two years.	294

(2) After the State Board has been constituted and the	295
members' terms of office have been determined under division	296
(B)(1) of this section, in each subsequent year in which a	297
congressional election is held, at the general election that year,	298
in conformity with the general election laws of this state, the	299
members of the State Board shall be elected as required by	300
expiration of respective terms, each for a term of four years or	301
until the member's successor is elected and qualified. One member	302
shall be elected for each district respectively in which the term	303
of office of a board member expires on the first day of January	304
following the election. Division (B)(2) of this section applies	305
until the boundaries of congressional districts are changed under	306
section 3521.01 of the Revised Code. At that time, terms of office	307
for the State Board shall be determined under division (A) of	308
section 3301.02 of the Revised Code, as enacted by this act.	309