As Reported by House Local Government & Townships Committee     1            

123rd General Assembly                                             4            

   Regular Session                            Sub. H. B. No. 544   5            

      1999-2000                                                    6            


                REPRESENTATIVES PETERSON-SCHULER                   8            


_________________________________________________________________   9            

                          A   B I L L                                           

             To amend sections 504.11, 711.10, 713.22, and         11           

                5555.46 of the Revised Code to authorize a         13           

                regional or county planning commission to send                  

                certain notices by electronic mail as well as      14           

                regular mail, to require a regional or county                   

                planning commission to send notice to all          15           

                townships at least thirty days before a public     16           

                hearing on the adoption or amendment of its                     

                rules, to make changes to the composition of       17           

                county planning commissions, to extend the period               

                of time over which property owners may pay         18           

                special assessments for county road improvements   19           

                and the maturity of related bonds from ten to                   

                twenty years, to state that the procedures for     21           

                adopting resolutions in the Township Limited Home               

                Rule Government Law apply only to resolutions      22           

                adopted pursuant to that Law, to temporarily       23           

                permit the transfer of surplus moneys in a         24           

                township artificial lighting fund to another       25           

                township fund, and to declare an emergency.        27           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        29           

      Section 1.  That sections 504.11, 711.10, 713.22, and        31           

5555.46 of the Revised Code be amended to read as follows:         33           

      Sec. 504.11.  (A)  The vote on the question of passage of    42           

each A resolution PROVIDED FOR IN SECTION 504.10 OF THE REVISED    44           

CODE or A motion RELATED TO THAT RESOLUTION shall be taken by      45           

                                                          2      


                                                                 
yeas and nays and entered on the journal, and no THE resolution    46           

or motion shall NOT be passed without concurrence of a majority    48           

of all members of the board of township trustees, except that      49           

each emergency resolution UNDER THAT SECTION shall require the     51           

affirmative vote of all of the members of the board for its        52           

enactment.  If an emergency resolution fails to receive the        53           

required vote for passage as an emergency measure but receives     54           

the necessary majority for passage as a nonemergency resolution,   55           

it shall be considered passed as a nonemergency resolution.        56           

Except as otherwise provided in division (B) of this section, a    57           

resolution shall become effective thirty days after it is filed    58           

with the township clerk.  Each emergency resolution shall          59           

determine that the resolution is necessary for the immediate       60           

preservation of the public peace, health, safety, or welfare, and  61           

shall contain a statement of the necessity for the emergency.      62           

Each resolution shall be authenticated by the signature of the     63           

township clerk.  However, BUT the failure or refusal of the clerk  65           

to sign a resolution shall not invalidate an otherwise properly    66           

enacted resolution.                                                             

      (B)  Each resolution appropriating money, submitting a       68           

question to the electorate, determining to proceed with an         69           

election, or providing for the approval of a revision,             70           

codification, recodification, or rearrangement of resolutions, or  71           

publication thereof OF RESOLUTIONS in book form, and any           72           

emergency resolution, shall take effect, unless a later time is    74           

specified in the resolution, ten days after it is filed with the   75           

township clerk.                                                                 

      (C)  Each resolution shall be recorded in a book, or other   77           

record prescribed by the board, established and maintained for     78           

that purpose.  The township clerk or a duly authorized deputy to   79           

the clerk shall, upon the request of any person and upon the       80           

payment of a fee established by the board, certify true copies of  81           

any resolution, and these certified copies shall be admissible as  82           

evidence in any court.                                             83           

                                                          3      


                                                                 
      (D)  THE PROCEDURES PROVIDED IN THIS SECTION APPLY ONLY TO   85           

RESOLUTIONS ADOPTED PURSUANT TO A TOWNSHIP'S LIMITED HOME RULE     86           

POWERS AS AUTHORIZED BY THIS CHAPTER.                              87           

      Sec. 711.10.  Whenever a county planning commission or a     96           

regional planning commission adopts a plan for the major streets   97           

or highways of the county or region, then no plat of a             98           

subdivision of land within the county or region, other than land   99           

within a municipal corporation or land within three miles of a     100          

city or one and one-half miles of a village as provided in         101          

section 711.09 of the Revised Code, shall be recorded until it is  102          

approved by the county or regional planning commission and the     103          

approval is endorsed in writing on the plat.  Within five days     104          

after the submission of a plat for approval, the county or         106          

regional planning commission shall schedule a meeting to consider  107          

the plat and send a written notice by regular mail OR BY           108          

ELECTRONIC MAIL to the clerk of the board of township trustees of  110          

the township in which a proposed THE plat is located.  The notice  111          

shall inform the trustees of the submission of the proposed plat   113          

and of the date, time, and location of any meeting at which the    114          

county or regional planning commission will consider or act upon   115          

the proposed plat.  The meeting shall take place within thirty     116          

days after submission of the plat, and no meeting shall be held    117          

until at least seven days have passed from the date the notice     119          

was sent by the planning commission.  The                          120          

      THE approval of the planning commission or the refusal to    123          

approve shall be endorsed on the plat within thirty days after     124          

the submission of the plat for approval, or within such further    125          

time as the applying party may agree to in writing; otherwise      126          

that plat is deemed approved, and the certificate of the planning  127          

commission as to the date of the submission of the plat for        128          

approval and the failure to take action on it within that time     129          

shall be sufficient in lieu of the written endorsement or          131          

evidence of approval required by this section.  A county or        132          

regional planning commission shall not require a person            133          

                                                          4      


                                                                 
submitting the plat to alter the plat or any part of it as a       134          

condition for approval, as long as the plat is in accordance with  135          

the general rules governing plats and subdivisions of land,        136          

adopted by the commission as provided in this section, in effect   137          

at the time the plat was IS submitted.  The ground of refusal of   139          

approval of any plat submitted, including citation of or           140          

reference to the rule violated by the plat, shall be stated upon   141          

the record of the commission.  Within sixty days after the         142          

refusal, the person submitting any plat which THAT the county or   144          

regional planning commission refuses to approve may file a         145          

petition in the court of common pleas of the proper county, and    146          

the proceedings on the petition shall be governed by section       147          

711.09 of the Revised Code as in the case of the refusal of a      148          

planning authority to approve a plat.  A board of township         149          

trustees is not entitled to appeal a decision of the county or     150          

regional planning commission under this section.                   151          

      Any such A county or regional planning commission shall      153          

adopt general rules, of uniform application, governing plats and   154          

subdivisions of land falling within its jurisdiction, to secure    155          

and provide for the proper arrangement of streets or other         156          

highways in relation to existing or planned streets or highways    157          

or to the county or regional plan, for adequate and convenient     158          

open spaces for traffic, utilities, access of fire-fighting        159          

FIREFIGHTING apparatus, recreation, light, and air, and for the    161          

avoidance of congestion of population.  The rules may provide for  162          

their modification by the county or regional planning commission   164          

in specific cases where unusual topographical and other            165          

exceptional conditions require the modification.  The rules may    166          

require the county department of health to review and comment on   167          

a plat before the county or regional planning commission acts      168          

upon it and may also require proof of compliance with any          169          

applicable zoning resolutions as a basis for approval of a plat.   170          

      Before adoption of its rules or amendment of its rules, a    173          

public hearing shall be held on the adoption or amendment by the   175          

                                                          5      


                                                                 
commission.  However, no NOTICE OF THE PUBLIC HEARING SHALL BE                  

SENT TO ALL TOWNSHIPS IN THE COUNTY OR REGION BY REGULAR MAIL OR   176          

ELECTRONIC MAIL AT LEAST THIRTY DAYS BEFORE THE HEARING.  NO       177          

county or regional planning commission shall adopt any rules       178          

requiring actual construction of streets or other improvements or  179          

facilities or assurance of that construction as a condition        180          

precedent to the approval of a plat of a subdivision unless the    182          

requirements have first been adopted by the board of county                     

commissioners after a public hearing.  A copy of the rules shall   185          

be certified by the planning commission to the county recorders                 

of the appropriate counties.  After                                186          

      AFTER a county or regional street or highway plan has been   189          

adopted as provided in this section, the approval of plats and     190          

subdivisions provided for in this section shall be in lieu of any  191          

approvals provided for in other sections of the Revised Code, so   192          

far as the territory within the approving jurisdiction of the      193          

county or regional planning commission, as provided in this        194          

section, is concerned.  Approval of a plat shall not be an         195          

acceptance by the public of the dedication of any street,          196          

highway, or other way or open space shown upon the plat.  Any      197          

such county or regional planning commission and a city or village  198          

planning commission, or platting commissioner or legislative       199          

authority of a village, with subdivision regulation jurisdiction   200          

over unincorporated territory within the county or region may      201          

cooperate and agree by written agreement that the approval of a    202          

plat by the city or village planning commission, or platting       203          

commissioner or legislative authority of a village, as provided    204          

in section 711.09 of the Revised Code, shall be conditioned upon   205          

receiving advice from or approval by the county or regional        206          

planning commission.                                                            

      Sec. 713.22.  (A)  The board of county commissioners of any  215          

county may, and on petition of the planning commissions of a       216          

majority of the municipal corporations in the county having such   217          

THOSE planning commissions shall, provide for the organization     220          

                                                          6      


                                                                 
and maintenance of a county planning commission.  Except as        221          

provided in division (B) of this section, a A county planning      223          

commission shall consist of eight members appointed by the board   224          

of county commissioners, together with the members of the board    225          

of county commissioners.  If, OR THEIR ALTERNATES DESIGNATED IN    227          

ACCORDANCE WITH THIS DIVISION, AND EIGHT OTHER MEMBERS APPOINTED   228          

BY THE BOARD IN ACCORDANCE WITH DIVISIONS (B)(1) TO (4) OF THIS    229          

SECTION OR THEIR ALTERNATES DESIGNATED AND APPROVED IN ACCORDANCE  231          

WITH THIS DIVISION.  ANY ALTERNATE DESIGNATED UNDER THIS DIVISION  232          

SHALL BE A RESIDENT OF THE COUNTY.                                 233          

      TO DESIGNATE AN ALTERNATE FOR A MEMBER OF THE BOARD OF       235          

COUNTY COMMISSIONERS, THE BOARD MEMBER SHALL SEND A LETTER OF      236          

APPOINTMENT TO THE ALTERNATE AND DELIVER A COPY OF THAT LETTER TO  237          

THE CLERK OF THE BOARD OF COUNTY COMMISSIONERS.  AT THE NEXT       238          

REGULAR MEETING OF THE BOARD, THE CLERK SHALL INFORM THE BOARD OF  239          

THE DESIGNATION OF THE ALTERNATE, AND THE BOARD SHALL HAVE THE     240          

DESIGNATION ENTERED ON THE JOURNAL.                                241          

      TO DESIGNATE AN ALTERNATE FOR ANY OTHER MEMBER OF THE        243          

PLANNING COMMISSION, THE MEMBER SHALL SEND A LETTER OF             244          

APPOINTMENT TO THE CLERK OF THE BOARD OF COUNTY COMMISSIONERS      245          

DESIGNATING AN INDIVIDUAL TO SERVE AS THAT MEMBER'S ALTERNATE.     247          

AT THE NEXT REGULAR MEETING OF THE BOARD, THE CLERK SHALL INFORM                

THE BOARD OF THE DESIGNATION OF THE ALTERNATE, WHICH DESIGNATION   249          

THE BOARD MAY EITHER APPROVE OR DISAPPROVE.  THE BOARD SHALL       250          

ENTER ITS DECISION ON THE BOARD'S JOURNAL AND, IF THE ALTERNATE    251          

IS APPROVED, DESIGNATE THE NAME OF THE ALTERNATE ON THE JOURNAL.   252          

THE CLERK OF THE BOARD SHALL NOTIFY THE COMMISSION MEMBER OF THE   253          

BOARD'S ACTION, AND THE COMMISSION MEMBER SHALL INFORM THE         254          

ALTERNATE.                                                                      

      A DESIGNATED ALTERNATE SHALL SERVE AT THE PLEASURE OF THE    257          

MEMBER WHO MAKES THE DESIGNATION.  REMOVAL OF AN ALTERNATE SHALL   258          

BE MADE BY A LETTER OF REMOVAL, DELIVERED AND JOURNALIZED BY THE   259          

SAME METHOD THAT THE ALTERNATE WAS DESIGNATED.                                  

      ONCE AN ALTERNATE IS DESIGNATED FOR A MEMBER OF THE          261          

                                                          7      


                                                                 
PLANNING COMMISSION, IF THAT COMMISSION MEMBER IS ABSENT FROM A    262          

PLANNING COMMISSION MEETING, THE ALTERNATE HAS THE RIGHT TO VOTE   264          

AND PARTICIPATE IN ALL PROCEEDINGS AND ACTIONS OF THE COMMISSION   265          

AT THAT MEETING AS IF THAT ALTERNATE WERE THE COMMISSION MEMBER.   266          

      (B)(1)  EXCEPT AS PROVIDED FOR COUNTIES WITH TWO OR LESS     268          

TOWNSHIPS IN DIVISION (B)(4) OF THIS SECTION, IF the population    269          

of the portion of any city located in the county exceeds fifty     272          

per cent of the total population of the county, then at least THE  273          

BOARD OF COUNTY COMMISSIONERS SHALL SELECT three of the            275          

appointive members shall be selected from persons nominated by     276          

the planning commission of that city.  Otherwise, three members    277          

shall be appointed from municipal corporations within the county.  278          

The board shall appoint three members from the unincorporated      282          

area TERRITORY of the county from persons nominated RECOMMENDED    284          

by the townships to the county.  If, EXCEPT THAT, IF ONE OR MORE   285          

OF THOSE TOWNSHIPS IN the county contains one or more IS A         286          

limited home rule government townships TOWNSHIP, then THE BOARD    288          

SHALL APPOINT at least one of these three township appointees      290          

shall be from the nominees of PERSONS RECOMMENDED BY a limited     291          

home rule government township.  The remaining two appointees       292          

shall be selected at the discretion of the board and shall be      293          

citizens RESIDENTS of the county, one residing in the              295          

unincorporated area TERRITORY of the county and representing       297          

townships and the other residing in the incorporated area          298          

TERRITORY of the county and representing municipal corporations    300          

in the county.                                                                  

      (B)  If a county contains two or less townships with         303          

unincorporated territory, a county planning commission shall       304          

consist of eight citizens of the county appointed by the board of  307          

county commissioners, together with the members of the board of    309          

county commissioners, except that if the population of the         310          

portion of any city located in the county exceeds fifty per cent   311          

of the total population of the county, then at least three of the  312          

appointive members shall be selected from persons nominated by     314          

                                                          8      


                                                                 
the planning commission of that city.  Otherwise, appointees       316          

shall be selected at the discretion of the board and shall be      317          

citizens of the county.                                            319          

      (2)  EXCEPT AS PROVIDED FOR COUNTIES WITH TWO OR LESS        321          

TOWNSHIPS IN DIVISION (B)(4) OF THIS SECTION, IF A COUNTY DOES     322          

NOT CONTAIN THE PORTION OF ANY CITY WITH AT LEAST FIFTY PER CENT   324          

OF THE TOTAL POPULATION OF THE COUNTY BUT CONTAINS ONE OR MORE     325          

LIMITED HOME RULE GOVERNMENT TOWNSHIPS, ONE OF THE APPOINTEES                   

SHALL BE A RESIDENT OF A LIMITED HOME RULE GOVERNMENT TOWNSHIP IN  326          

THE COUNTY, SELECTED AT THE DISCRETION OF THE BOARD OF COUNTY      327          

COMMISSIONERS FROM PERSONS RECOMMENDED BY A LIMITED HOME RULE      329          

GOVERNMENT TOWNSHIP IN THE COUNTY.  ONE APPOINTEE SHALL BE A       330          

RESIDENT OF THE MUNICIPAL CORPORATION WITH THE LARGEST POPULATION               

CONTAINED WITHIN THE PORTION OF THE MUNICIPAL CORPORATION LOCATED  331          

IN THE COUNTY, SELECTED AT THE DISCRETION OF THE BOARD OF COUNTY   333          

COMMISSIONERS FROM PERSONS RECOMMENDED BY THAT MUNICIPAL           335          

CORPORATION.  THE REMAINING SIX APPOINTEES SHALL BE RESIDENTS OF   337          

THE COUNTY, SELECTED AT THE DISCRETION OF THE BOARD OF COUNTY                   

COMMISSIONERS.                                                     338          

      (3)  EXCEPT AS PROVIDED FOR COUNTIES WITH TWO OR LESS        340          

TOWNSHIPS IN DIVISION (B)(4) OF THIS SECTION, IF A COUNTY DOES     341          

NOT CONTAIN THE PORTION OF ANY CITY WITH AT LEAST FIFTY PER CENT   343          

OF THE TOTAL POPULATION OF THE COUNTY AND DOES NOT CONTAIN A                    

LIMITED HOME RULE GOVERNMENT TOWNSHIP, THE BOARD OF COUNTY         345          

COMMISSIONERS SHALL APPOINT EIGHT RESIDENTS OF THE COUNTY          346          

SELECTED AT THE DISCRETION OF THE BOARD.                                        

      (4)  IF A COUNTY CONTAINS TWO OR LESS TOWNSHIPS WITH         348          

UNINCORPORATED TERRITORY, THE BOARD OF COUNTY COMMISSIONERS SHALL  349          

APPOINT EIGHT RESIDENTS OF THE COUNTY SELECTED AT THE DISCRETION   351          

OF THE BOARD, EXCEPT THAT, IF THE POPULATION OF THE PORTION OF                  

ANY CITY LOCATED IN THE COUNTY EXCEEDS FIFTY PER CENT OF THE       353          

TOTAL POPULATION OF THE COUNTY, THEN AT LEAST THREE OF THE         354          

APPOINTIVE MEMBERS SHALL BE SELECTED FROM PERSONS NOMINATED BY     355          

THE PLANNING COMMISSION OF THAT CITY.                              356          

                                                          9      


                                                                 
      (C)  The SUBJECT TO DIVISION (F) OF THIS SECTION, THE        358          

appointive members of a county planning commission shall be        359          

appointed for terms of three years, except that, of the eight      361          

members first appointed, three shall be appointed for terms of     363          

two years, and two shall be appointed for a term of one year.      364          

The members shall serve without pay.  Any member of a county       365          

planning commission may hold any other public office and may       366          

serve as a member of a city, village, and regional planning        367          

commission, except as otherwise provided in the charter of any     368          

city or village.                                                                

      (D)  The expenses of the appointive members of a county      370          

planning commission and the compensation of planning commission    371          

employees shall be paid from appropriations made by the board.     373          

      The county planning commission may employ engineers,         375          

accountants, consultants, and employees as are necessary, and      376          

make such purchases as may be needed to the furtherance of its     377          

operation.                                                         378          

      The county planning commission may accept, receive, and      380          

expend funds, grants, and services from the federal government or  381          

its agencies, from departments, agencies, and instrumentalities    382          

of this state or any adjoining state or, from one or more          383          

counties of this state or any adjoining state or, from any         385          

municipal corporation or political subdivision of this or any      386          

adjoining state, including A county, regional, and municipal       387          

planning commission of this or any adjoining state, or from civic  388          

sources, and MAY contract with respect thereto, either separately  389          

or, jointly, or cooperatively, and MAY provide such information    391          

and reports as may be necessary to secure such financial aid.      393          

      (E)  A county planning commission may adopt a policy under   397          

which members of the board of county commissioners, as members of  398          

that commission, OR THEIR DESIGNATED ALTERNATES must abstain from  399          

participating and voting on the commission's recommendation,       400          

whenever a county planning commission is required by section       401          

303.12 of the Revised Code to recommend the approval or denial of  404          

                                                          10     


                                                                 
a proposed amendment or approval of some modification of an        405          

amendment to the county zoning resolution, or IS required by       406          

section 303.07 of the Revised Code to approve or disapprove, or    408          

make suggestions about, a proposed county zoning resolution.  The  410          

policy may require that a quorum of the commission under those     411          

circumstances be determined on the basis of an eight-member        412          

commission instead of an eleven-member commission.                 413          

      (F)  IF AT ANY TIME A CHANGE OCCURS WITHIN A COUNTY SO THAT  415          

THE POPULATION OF A PORTION OF A CITY WITHIN THE COUNTY EXCEEDS    416          

OR NO LONGER EXCEEDS FIFTY PER CENT OF THE TOTAL POPULATION OF     417          

THE COUNTY OR A TOWNSHIP BECOMES A LIMITED HOME RULE GOVERNMENT    418          

TOWNSHIP, THUS CREATING A SITUATION WHERE THE MEMBERSHIP OF A      419          

COUNTY PLANNING COMMISSION SHOULD BE ALTERED TO COMPLY WITH THE    420          

MEMBERSHIP REQUIREMENTS OF DIVISION (B) OF THIS SECTION, WITHIN    421          

THIRTY DAYS AFTER THE EFFECTIVE DATE OF EITHER OF THOSE TYPES OF   422          

CHANGE, THE BOARD OF COUNTY COMMISSIONERS, IN THE BOARD'S          424          

DISCRETION, MAY MAKE CHANGES ON THE COMMISSION BY RESOLUTION SO    425          

THAT ITS MEMBERSHIP REPRESENTATION COMPLIES WITH DIVISION (B) OF   428          

THIS SECTION.  IF THE BOARD DOES NOT ADOPT A RESOLUTION TO SO      429          

CHANGE THE COMMISSION'S MEMBERSHIP, THE BOARD SHALL PHASE IN THE   431          

NECESSARY CHANGES IN THE COMMISSION'S MEMBERSHIP BY WAITING UNTIL  432          

A MEMBER'S TERM OF OFFICE EXPIRES AND APPOINTING NEW MEMBERS SO    435          

AS TO MEET THE REPRESENTATION REQUIREMENTS OF DIVISION (B) OF      436          

THIS SECTION AS SOON AS POSSIBLE WITHOUT INTERFERING WITH ANY      437          

MEMBER'S TERM OF OFFICE.                                           438          

      Sec. 5555.46.  All assessments, with interest accrued        447          

thereon ON THEM, made under sections 5555.01 to 5555.72,           448          

inclusive, of the Revised Code, shall be placed by the county      450          

auditor upon a special duplicate to be collected as other taxes,   451          

and the principal shall be payable in not more than twenty FORTY   452          

semiannual installments extending over a period of not more than   454          

ten TWENTY years, as determined by the board of county             456          

commissioners.  If any assessment is twenty-five dollars or less,  457          

or if the unpaid balance of any such assessment is twenty-five     458          

                                                          11     


                                                                 
dollars or less, it shall be paid in full, and not in              459          

installments, at the time the first or next installment would      460          

otherwise become due and payable. In the event that                461          

      IF bonds are issued to pay the compensation, damages, and    464          

expenses incident to the improvement, the principal sum of such    465          

THE assessments shall be payable in such THE number of equal       466          

semiannual installments as THAT will provide a fund for the        467          

redemption of the bonds so issued.  Such THE assessments shall     470          

bear interest from the date of THE ISSUANCE OF THE BONDS and at    472          

the same rate as the bonds, and the interest shall be collected    474          

in like THE SAME manner as the principal of such THE assessments.  476          

      Section 2.  That existing sections 504.11, 711.10, 713.22,   478          

and 5555.46 of the Revised Code are hereby repealed.               479          

      Section 3.  Notwithstanding anything to the contrary in      481          

section 713.22 of the Revised Code, the change in the composition  482          

of a county planning commission required under that section as     483          

amended by this act shall be implemented so that any member        484          

serving on the commission on the effective date of this act        485          

serves out the member's term of office, even if the membership     486          

would not then meet the representation requirements in section     487          

713.22 of the Revised Code, unless the board of county             488          

commissioners within thirty days after the effective date of this  489          

act determines, by resolution, that the commission's membership                 

should comply with the representation requirements enacted by      490          

this act.  If the board so determines to comply with those         491          

representation requirements, the board may remove members from     492          

the commission and may appoint members to the commission whose     493          

appointments comply with those representation requirements.                     

Otherwise, as new members are appointed to the commission, the     494          

new members shall be appointed so as to meet the representation    495          

requirements enacted by this act as soon as possible without       496          

interfering with any member's term of office.                      497          

      Section 4.  Within thirty days after the effective date of   499          

this act, the clerk of any township that has created a fund for    500          

                                                          12     


                                                                 
the deposit of special assessments for artificial lighting as      501          

provided in section 515.08 of the Revised Code may transfer any    502          

surplus in that fund to another township fund if all of the        503          

following conditions are met:                                      504          

      (1) The surplus has occurred due to overcharges by the       506          

company providing the artificial lighting.                         507          

      (2)  The board of township trustees adopts a resolution      509          

finding that the surplus has occurred and indicating the exact     510          

amount of the surplus.                                             511          

      (3)  That resolution requests the clerk to transfer the      513          

surplus to another fund within the township treasury and           514          

indicates the specific township account to which the surplus is    515          

to be transferred.                                                 516          

      No surplus shall be transferred as provided in this section  518          

after the thirtieth day after the effective date of this act.      519          

      Section 5.  This act is hereby declared to be an emergency   521          

measure necessary for the immediate preservation of the public     522          

peace, health, and safety.  The reason for this necessity is that  523          

the terms of members serving on some county planning commissions   524          

are coming to an end and, to ensure that new appointees to those   525          

commissions will meet the representation requirements enacted by   527          

this act instead of the representation requirements in effect      529          

prior to the effective date of this act, the new representation    530          

requirements must go into effect as soon as possible.  Therefore,  531          

this act shall go into immediate effect.