As Passed by the House 1
123rd General Assembly 4
Regular Session Am. H. B. No. 91 5
1999-2000 6
REPRESENTATIVES TERWILLEGER-LUEBBERS-TAYLOR-KREBS-OPFER- 8
VESPER-SCHULER-YOUNG-ROMAN-EVANS-HOOPS-CATES-CLANCY- 9
O'BRIEN-BARRETT-VERICH-SYKES-CAREY-PETERSON-PADGETT- 10
CORBIN-PERZ-WILLAMOWSKI-GRENDELL-ALLEN-WILSON-SULZER- 11
METZGER-BUEHRER-BENDER-DISTEL-MOTTLEY-MEAD-OLMAN-HARRIS 12
_________________________________________________________________ 13
A B I L L
To amend sections 503.02, 503.03, and 503.08 of the 15
Revised Code to provide that a township reduced 16
at the request of a municipal corporation to less 19
than twenty-two square miles may continue as a
reduced township unless a petition is filed by 21
the township electors, and to change the
procedure for partitioning a township. 23
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 25
Section 1. That sections 503.02, 503.03, and 503.08 of the 27
Revised Code be amended to read as follows: 28
Sec. 503.02. The (A) EXCEPT AS OTHERWISE PROVIDED IN THIS 37
SECTION, THE board of county commissioners may change the 38
boundaries of any civil township, or partition any township among 39
other townships within the county, by attaching a part of one 40
township to another, by dividing one township and attaching the 41
parts to other townships, or by laying off and designating a new 42
township from the territory of one or more townships of the same 43
county or from territory not before included in a civil township,
when it is made to appear necessary or expedient by a petition 44
for that purpose, signed by a majority of the householders 45
ELECTORS residing within the bounds of the townships to be 47
affected by such THE partition or division, AS DETERMINED BY THE 48
2
NUMBER OF VOTES CAST IN THOSE TOWNSHIPS FOR THE OFFICE OF 49
GOVERNOR AT THE MOST RECENT GENERAL ELECTION FOR THAT OFFICE. 50
IF THE BOARD RECEIVES A PETITION TO PARTITION A TOWNSHIP 52
THAT HAS ADOPTED A LIMITED SELF-GOVERNMENT FORM OF GOVERNMENT 53
UNDER CHAPTER 504. OF THE REVISED CODE, SIGNED BY A MAJORITY OF 54
THE ELECTORS RESIDING IN THAT TOWNSHIP, THE BOARD SHALL CERTIFY 55
THE QUESTION OF WHETHER OR NOT THE TOWNSHIP SHALL REMAIN INTACT
TO THE BOARD OF ELECTIONS. THE BOARD OF ELECTIONS SHALL 56
DETERMINE THE VALIDITY AND SUFFICIENCY OF THE SIGNATURES ON THE 58
PETITION AND, IF THERE ARE ENOUGH VALID SIGNATURES, SHALL PLACE 59
THE QUESTION ON THE BALLOT AT A SPECIAL ELECTION TO BE HELD ON
THE DAY OF THE NEXT GENERAL OR PRIMARY ELECTION IN THE TOWNSHIP 62
OCCURRING AT LEAST SEVENTY-FIVE DAYS AFTER THE PETITION IS FILED,
FOR A VOTE OF THE ELECTORS WITHIN THAT TOWNSHIP. IF A MAJORITY 63
OF THOSE VOTING VOTE AGAINST KEEPING THE TOWNSHIP INTACT, THE 64
BOARD OF COUNTY COMMISSIONERS SHALL PROCEED TO PARTITION THE 65
TOWNSHIP. IF A MAJORITY OF THOSE VOTING VOTE FOR KEEPING THE 66
TOWNSHIP INTACT, THE BOARD OF COUNTY COMMISSIONERS SHALL NOT 67
PARTITION THE TOWNSHIP AND SHALL DENY THE PETITION.
(B) IF A TOWNSHIP IS DIVIDED OR PARTITIONED UNDER THIS 69
SECTION, THE BOARD OF COUNTY COMMISSIONERS SHALL APPORTION THE 70
FUNDS IN THE TOWNSHIP'S TREASURY TO THE TOWNSHIP TO WHICH 71
PORTIONS OF THE DIVIDED OR PARTITIONED TOWNSHIP ARE ATTACHED, OR 72
TO THE NEW TOWNSHIPS ESTABLISHED. THIS APPORTIONMENT MAY TAKE 73
INTO ACCOUNT THE TAXABLE PROPERTY VALUATION, POPULATION, OR SIZE 74
OF THE PORTIONS CREATED BY THE DIVISION OR PARTITION, AS WELL AS 75
ANY OTHER READILY ASCERTAINABLE CRITERIA.
Sec. 503.03. No EXCEPT AS PROVIDED IN SECTION 503.09 OF 84
THE REVISED CODE, NO NEW township shall be laid off containing 85
less than twenty-two square miles, or have its BUT THE boundaries 87
so OF A TOWNSHIP MAY BE changed SO as to reduce its territory 89
below that quantity, unless it includes a municipal corporation, 90
except as provided by sections 503.09 to 503.13, inclusive, of 91
the Revised Code. In case of division or partition of a 92
3
township, the funds in the treasury thereof shall be apportioned 93
to the townships to which portions thereof are attached, or to 94
the new townships established, to the extent they are collected
from such territory. 95
Sec. 503.08. In making AFTER a change of boundaries IS 104
MADE as provided by section 503.07 of the Revised Code, if any 106
township not having a municipal corporation REMAINING within its 108
limits is reduced in territory to less than twenty-two square
miles, it may thereupon be annexed by the board of county 111
commissioners to any contiguous township, or the board may annex 113
thereto territory from any contiguous township and erect a new 114
township. If a majority of the householders of such reduced 115
township, outside the limits of a municipal corporation, petition 116
for such annexation, the board may erect such reduced township 117
into a new township PARTITIONED AS PROVIDED IN SECTION 503.02 OF 118
THE REVISED CODE. UNLESS AND UNTIL A PARTITION IS MADE UNDER
THAT SECTION, THE REMAINING TOWNSHIP TERRITORY SHALL REMAIN 119
INTACT. IF THE CHANGES MADE UNDER SECTION 503.07 OF THE REVISED 120
CODE REQUIRE THE REMAINING TOWNSHIP TO ACQUIRE A NEW TOWNSHIP
NAME, THE BOARD OF COUNTY COMMISSIONERS SHALL NAME THE REMAINING 121
TOWNSHIP AND RECORD THE NAME IN A BOOK KEPT AS REQUIRED IN 122
SECTION 503.04 OF THE REVISED CODE. NO TWO TOWNSHIPS IN ANY 123
COUNTY SHALL BE INCORPORATED BY THE SAME NAME.
Section 2. That existing sections 503.02, 503.03, and 133
503.08 of the Revised Code are hereby repealed. 134