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