As Reported by the Senate State and Local Government 1
and Veterans Affairs Committee 2
123rd General Assembly 5
Regular Session Sub. H. B. No. 91 6
1999-2000 7
REPRESENTATIVES TERWILLEGER-LUEBBERS-TAYLOR-KREBS-OPFER- 9
VESPER-SCHULER-YOUNG-ROMAN-EVANS-HOOPS-CATES-CLANCY- 10
O'BRIEN-BARRETT-VERICH-SYKES-CAREY-PETERSON-PADGETT- 11
CORBIN-PERZ-WILLAMOWSKI-GRENDELL-ALLEN-WILSON-SULZER- 12
METZGER-BUEHRER-BENDER-DISTEL-MOTTLEY-MEAD-OLMAN-HARRIS- 14
SENATORS SPADA-GARDNER
_________________________________________________________________ 16
A B I L L
To amend sections 503.02, 503.03, and 503.08 of the 18
Revised Code to provide that a township reduced 19
at the request of a municipal corporation to less 22
than twenty-two square miles may continue as a
reduced township unless a petition is filed by 24
the township electors, and to change the
procedure for partitioning a township. 26
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 28
Section 1. That sections 503.02, 503.03, and 503.08 of the 30
Revised Code be amended to read as follows: 31
Sec. 503.02. The (A) EXCEPT AS OTHERWISE PROVIDED IN THIS 40
SECTION, THE board of county commissioners may change the 41
boundaries of any civil township, or partition any township among 42
other townships within the county, by attaching a part of one 43
township to another, by dividing one township and attaching the 44
parts to other townships, or by laying off and designating a new 45
township from the territory of one or more townships of the same 46
county or from territory not before included in a civil township,
when it is made to appear necessary or expedient by a petition 47
for that purpose, signed by a majority of the householders 48
2
ELECTORS residing within the bounds of the townships to be 50
affected by such THE partition or division, AS DETERMINED BY THE 51
NUMBER OF VOTES CAST IN THOSE TOWNSHIPS FOR THE OFFICE OF 52
GOVERNOR AT THE MOST RECENT GENERAL ELECTION FOR THAT OFFICE. 53
IF THE BOARD RECEIVES A PETITION TO PARTITION A TOWNSHIP 55
THAT HAS ADOPTED A LIMITED HOME RULE GOVERNMENT UNDER CHAPTER 56
504. OF THE REVISED CODE, SIGNED BY A MAJORITY OF THE ELECTORS 57
RESIDING IN THAT TOWNSHIP, THE BOARD SHALL CERTIFY THE QUESTION 58
OF WHETHER OR NOT THE TOWNSHIP SHALL REMAIN INTACT TO THE BOARD 59
OF ELECTIONS. THE BOARD OF ELECTIONS SHALL DETERMINE THE
VALIDITY AND SUFFICIENCY OF THE SIGNATURES ON THE PETITION AND, 61
IF THERE ARE ENOUGH VALID SIGNATURES, SHALL PLACE THE QUESTION ON 62
THE BALLOT AT A SPECIAL ELECTION TO BE HELD ON THE DAY OF THE 64
NEXT GENERAL OR PRIMARY ELECTION IN THE TOWNSHIP OCCURRING AT 65
LEAST SEVENTY-FIVE DAYS AFTER THE PETITION IS FILED, FOR A VOTE 66
OF THE ELECTORS WITHIN THAT TOWNSHIP. IF A MAJORITY OF THOSE
VOTING VOTE AGAINST KEEPING THE TOWNSHIP INTACT, THE BOARD OF 67
COUNTY COMMISSIONERS SHALL PROCEED TO PARTITION THE TOWNSHIP. IF 68
A MAJORITY OF THOSE VOTING VOTE FOR KEEPING THE TOWNSHIP INTACT, 69
THE BOARD OF COUNTY COMMISSIONERS SHALL NOT PARTITION THE 70
TOWNSHIP AND SHALL DENY THE PETITION.
(B) IF A TOWNSHIP IS DIVIDED OR PARTITIONED UNDER THIS 72
SECTION, THE BOARD OF COUNTY COMMISSIONERS SHALL APPORTION THE 73
FUNDS IN THE TOWNSHIP'S TREASURY TO THE TOWNSHIP TO WHICH 74
PORTIONS OF THE DIVIDED OR PARTITIONED TOWNSHIP ARE ATTACHED, OR 75
TO THE NEW TOWNSHIPS ESTABLISHED. THIS APPORTIONMENT MAY TAKE 76
INTO ACCOUNT THE TAXABLE PROPERTY VALUATION, POPULATION, OR SIZE 77
OF THE PORTIONS CREATED BY THE DIVISION OR PARTITION, AS WELL AS 78
ANY OTHER READILY ASCERTAINABLE CRITERIA.
Sec. 503.03. No EXCEPT AS PROVIDED IN SECTION 503.09 OF 87
THE REVISED CODE, NO NEW township shall be laid off containing 88
less than twenty-two square miles, or have its BUT THE boundaries 90
so OF A TOWNSHIP MAY BE changed SO as to reduce its territory 92
below that quantity, unless it includes a municipal corporation, 93
3
except as provided by sections 503.09 to 503.13, inclusive, of 94
the Revised Code. In case of division or partition of a 95
township, the funds in the treasury thereof shall be apportioned 96
to the townships to which portions thereof are attached, or to 97
the new townships established, to the extent they are collected
from such territory. 98
Sec. 503.08. In making AFTER a change of boundaries IS 107
MADE as provided by section 503.07 of the Revised Code, if any 109
township not having a municipal corporation REMAINING within its 111
limits is reduced in territory to less than twenty-two square
miles, it may thereupon be annexed by the board of county 114
commissioners to any contiguous township, or the board may annex 116
thereto territory from any contiguous township and erect a new 117
township. If a majority of the householders of such reduced 118
township, outside the limits of a municipal corporation, petition 119
for such annexation, the board may erect such reduced township 120
into a new township PARTITIONED AS PROVIDED IN SECTION 503.02 OF 121
THE REVISED CODE. UNLESS AND UNTIL A PARTITION IS MADE UNDER
THAT SECTION, THE REMAINING TOWNSHIP TERRITORY SHALL REMAIN 122
INTACT. IF THE CHANGES MADE UNDER SECTION 503.07 OF THE REVISED 123
CODE REQUIRE THE REMAINING TOWNSHIP TO ACQUIRE A NEW TOWNSHIP
NAME, THE BOARD OF COUNTY COMMISSIONERS SHALL NAME THE REMAINING 124
TOWNSHIP AND RECORD THE NAME IN A BOOK KEPT AS REQUIRED IN 125
SECTION 503.04 OF THE REVISED CODE. NO TWO TOWNSHIPS IN ANY 126
COUNTY SHALL HAVE THE SAME NAME.
Section 2. That existing sections 503.02, 503.03, and 136
503.08 of the Revised Code are hereby repealed. 137