S. B. No. 36 As Introduced

As Introduced

127th General Assembly

Regular Session

2007-2008

S. B. No. 36

Senator Schuler

Cosponsors: Senators Clancy, Mumper, Schaffer

A BILL

To amend sections 504.01, 504.02, and 505.031 of the 1
Revised Code to permit townships with a population 2
of less than five thousand in its unincorporated 3
territory to adopt a limited home rule government 4
under certain conditions. 5

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

       Section 1. That sections 504.01, 504.02, and 505.031 of the 6
Revised Code be amended to read as follows: 7

       Sec. 504.01. A township that meets the qualifications of 8
this section may adopt a limited home rule government in the 9
manner provided in this section. 10

       (A)(1) If a township has a population of less than five 11
thousand in the unincorporated territory of the township, a 12
limited home rule government under which the township exercises 13
limited powers of local self-government and limited police powers 14
may be adopted if all the following apply: 15

       (a) The electors of the unincorporated territory of the 16
township petition the board of township trustees to adopt limited 17
home rule government; 18

       (b) The petition has been signed by ten per cent of the 19
electors of the unincorporated territory of the township, as 20
determined by the total number of votes cast in that territory for 21
the office of governor at the most recent general election for 22
that office; 23

       (c) The board of township trustees appoints a township 24
administrator under division (A)(2) of section 505.031 of the 25
Revised Code; and 26

       (d) The total amount certified in the official certificate of 27
estimated resources or in an amended official certificate of 28
estimated resources for the township under section 5705.36 of the 29
Revised Code is at least three million five hundred thousand 30
dollars for the most recently concluded fiscal year. 31

       If the conditions enumerated in this division have been met, 32
the board shall adopt and certify to the board of elections a 33
resolution directing the board of elections to submit to the 34
electors of the unincorporated territory the question whether the 35
township should adopt a limited home rule government. The question 36
shall be voted upon at the next general election occuring at least 37
seventy-five days after certification of the resolution to the 38
board of elections. 39

       (2) If a township has a population of at least five thousand 40
but less than fifteen thousand in the unincorporated territory of 41
the township, the board of township trustees, by a majority vote, 42
may adopt a resolution causing the board of elections to submit to 43
the electors of the unincorporated area of the township the 44
question of whether the township should adopt a limited home rule 45
government under which it exercises limited powers of local 46
self-government and limited police powers, as authorized by this 47
chapter. The question shall be voted upon at the next general 48
election occurring at least seventy-five days after certification 49
of the resolution to the board of elections. 50

       ~~(B)~~(3) If a township has a population of fifteen thousand or 51
more in the unincorporated territory of the township, the board of 52
township trustees, after at least one public hearing, may do 53
either of the following: 54

       ~~(1)~~(a) By a unanimous vote, adopt a resolution establishing a 55
limited home rule government under which the township exercises 56
limited powers of local self-government and limited police powers 57
as authorized by this chapter. The resolution shall become 58
effective thirty days after the date of its adoption unless within 59
that thirty-day period there is presented to the board of township 60
trustees a petition, signed by a number of registered electors 61
residing in the unincorporated area of the township equal to at 62
least ten per cent of the total vote cast for all candidates for 63
governor in that area at the most recent general election at which 64
a governor was elected, requesting the board of township trustees 65
to submit the question of establishing a limited home rule 66
government to the electors of that area for approval or rejection 67
at a special election to be held on the day of the next primary or 68
general election occurring at least seventy-five days after the 69
petition is presented. Each part of the petition shall meet the 70
requirements specified in section 3501.38 of the Revised Code. 71
Upon timely receipt of the petition, the board of township 72
trustees shall adopt a resolution causing the board of elections 73
to submit to the electors of the unincorporated area of the 74
township the question of whether the township should adopt a 75
limited home rule government. 76

       ~~(2)~~(b) By a majority vote, adopt a resolution causing the 77
board of elections to submit to the electors of the unincorporated 78
area of the township the question of whether the township should 79
adopt a limited home rule government under which it exercises 80
limited powers of local self-government and limited police powers, 81
as authorized by this chapter. The question shall be voted upon at 82
the next general election occurring at least seventy-five days 83
after certification of the resolution to the board of elections. 84

       ~~If the population of the unincorporated territory of any~~ 85
~~township that adopts a limited home rule government under division~~ 86
~~(B) or (D) of this section is fifteen thousand or more, the~~ 87
~~township shall be called an "urban township."~~ 88

       ~~(C) Townships with a population of less than five thousand in~~ 89
~~the unincorporated territory of the township are not permitted to~~ 90
~~adopt a limited home rule government.~~ 91

       ~~(D)~~(4) If a township meets the population requirements of 92
division (A)(2) or ~~(B)~~(3) of this section, the electors of the 93
unincorporated area of the township may petition the board of 94
township trustees to adopt a resolution causing the board of 95
elections to submit to the electors the question of whether the 96
township should adopt a limited home rule government. Upon receipt 97
of a petition signed by ten per cent of the electors of the 98
unincorporated area of the township, as determined by the total 99
number of votes cast in that area for the office of governor at 100
the most recent general election for that office, the board of 101
township trustees shall adopt the resolution. The question shall 102
be voted upon at the next general election occurring at least 103
seventy-five days after the certification of the resolution to the 104
board of elections. 105

       (B) If the population of the unincorporated territory of any 106
township that adopts a limited home rule government under division 107
(A)(3) or (4) of this section is fifteen thousand or more, the 108
township shall be called an "urban township." 109

       (C) Except as otherwise provided in division (A)(1) of this 110
section, townships with a population of less than five thousand in 111
the unincorporated territory of the township are not permitted to 112
adopt a limited home rule government. 113

       Sec. 504.02. (A) After certification of a resolution as 114
provided in division (A)~~, (B), or (D)~~ of section 504.01 of the 115
Revised Code, the board of elections shall submit the question of 116
whether to adopt a limited home rule government to the electors of 117
the unincorporated area of the township, and the ballot language 118
shall be substantially as follows: 119

       "Shall the township of ........... (name) adopt a limited 120
home rule government, under which government the board of township 121
trustees, by resolution, may exercise limited powers of local 122
self-government and limited police powers? 123

...... For adoption of a limited home rule government 124

...... Against adoption of a limited home rule government" 125

       (B)(1) At least forty-five days before the election on this 126
question, the board of township trustees shall have notice of the 127
election and a description of the proposed limited home rule 128
government published in a newspaper of general circulation in the 129
township once a week for two consecutive weeks and have the notice 130
and description posted in five conspicuous places in the 131
unincorporated area of the township. 132

       (2) If a board of elections operates and maintains a web 133
site, notice of the election and a description of the proposed 134
limited home rule government shall be posted on that web site for 135
at least thirty days before the election on this question. 136

       (C) If a majority of the votes cast on the proposition of 137
adopting a limited home rule government is in the affirmative, 138
that government is adopted and becomes the government of the 139
township on the first day of January immediately following the 140
election. 141

       Sec. 505.031. ~~The~~(A)(1) Except as otherwise provided in 142
division (B) of this section, the board of township trustees may 143
appoint a township administrator, who shall be the administrative 144
head of the township under the direction and supervision of the 145
board and who shall hold office at the pleasure of the board. 146

       (2) The board of township trustees shall appoint a township 147
administrator before the adoption of a resolution under division 148
(A)(1) of section 504.01 of the Revised Code directing the board 149
of elections to submit to the electors of the unincorporated 150
territory of the township the question of whether the township 151
should adopt a limited home rule government. The administrator 152
shall be the administrative head of the township under the 153
direction and supervision of the board and shall hold office at 154
the pleasure of the board. 155

       (B) In the event that the township administrator is absent 156
from ~~his~~that office by reason of illness, death, vacation, 157
resignation, or removal, the ~~chairman~~chairperson of the board or 158
a qualified person designated by ~~him~~the chairperson with the 159
approval of the board shall act as township administrator and 160
perform all duties of such township office, until such time as the 161
township administrator returns to ~~his~~official duties or the board 162
appoints a new township administrator to fill the vacancy. 163

       (C) The board shall fix the salary of the township 164
administrator and cause the same to be paid. 165

       Section 2. That existing sections 504.01, 504.02, and 505.031 166
of the Revised Code are hereby repealed. 167

Section 1. That sections 504.01, 504.02, and 505.031 of the	6
Revised Code be amended to read as follows:	7

Sec. 504.01. A township that meets the qualifications of	8
this section may adopt a limited home rule government in the	9
manner provided in this section.	10

(A)(1) If a township has a population of less than five	11
thousand in the unincorporated territory of the township, a	12
limited home rule government under which the township exercises	13
limited powers of local self-government and limited police powers	14
may be adopted if all the following apply:	15

(a) The electors of the unincorporated territory of the	16
township petition the board of township trustees to adopt limited	17
home rule government;	18

(b) The petition has been signed by ten per cent of the	19
electors of the unincorporated territory of the township, as	20
determined by the total number of votes cast in that territory for	21
the office of governor at the most recent general election for	22
that office;	23

(c) The board of township trustees appoints a township	24
administrator under division (A)(2) of section 505.031 of the	25
Revised Code; and	26

(d) The total amount certified in the official certificate of	27
estimated resources or in an amended official certificate of	28
estimated resources for the township under section 5705.36 of the	29
Revised Code is at least three million five hundred thousand	30
dollars for the most recently concluded fiscal year.	31

If the conditions enumerated in this division have been met,	32
the board shall adopt and certify to the board of elections a	33
resolution directing the board of elections to submit to the	34
electors of the unincorporated territory the question whether the	35
township should adopt a limited home rule government. The question	36
shall be voted upon at the next general election occuring at least	37
seventy-five days after certification of the resolution to the	38
board of elections.	39

(2) If a township has a population of at least five thousand	40
but less than fifteen thousand in the unincorporated territory of	41
the township, the board of township trustees, by a majority vote,	42
may adopt a resolution causing the board of elections to submit to	43
the electors of the unincorporated area of the township the	44
question of whether the township should adopt a limited home rule	45
government under which it exercises limited powers of local	46
self-government and limited police powers, as authorized by this	47
chapter. The question shall be voted upon at the next general	48
election occurring at least seventy-five days after certification	49
of the resolution to the board of elections.	50

~~(B)~~(3) If a township has a population of fifteen thousand or	51
more in the unincorporated territory of the township, the board of	52
township trustees, after at least one public hearing, may do	53
either of the following:	54

~~(1)~~(a) By a unanimous vote, adopt a resolution establishing a	55
limited home rule government under which the township exercises	56
limited powers of local self-government and limited police powers	57
as authorized by this chapter. The resolution shall become	58
effective thirty days after the date of its adoption unless within	59
that thirty-day period there is presented to the board of township	60
trustees a petition, signed by a number of registered electors	61
residing in the unincorporated area of the township equal to at	62
least ten per cent of the total vote cast for all candidates for	63
governor in that area at the most recent general election at which	64
a governor was elected, requesting the board of township trustees	65
to submit the question of establishing a limited home rule	66
government to the electors of that area for approval or rejection	67
at a special election to be held on the day of the next primary or	68
general election occurring at least seventy-five days after the	69
petition is presented. Each part of the petition shall meet the	70
requirements specified in section 3501.38 of the Revised Code.	71
Upon timely receipt of the petition, the board of township	72
trustees shall adopt a resolution causing the board of elections	73
to submit to the electors of the unincorporated area of the	74
township the question of whether the township should adopt a	75
limited home rule government.	76

~~(2)~~(b) By a majority vote, adopt a resolution causing the	77
board of elections to submit to the electors of the unincorporated	78
area of the township the question of whether the township should	79
adopt a limited home rule government under which it exercises	80
limited powers of local self-government and limited police powers,	81
as authorized by this chapter. The question shall be voted upon at	82
the next general election occurring at least seventy-five days	83
after certification of the resolution to the board of elections.	84

~~If the population of the unincorporated territory of any~~	85
~~township that adopts a limited home rule government under division~~	86
~~(B) or (D) of this section is fifteen thousand or more, the~~	87
~~township shall be called an "urban township."~~	88

~~(C) Townships with a population of less than five thousand in~~	89
~~the unincorporated territory of the township are not permitted to~~	90
~~adopt a limited home rule government.~~	91

~~(D)~~(4) If a township meets the population requirements of	92
division (A)(2) or ~~(B)~~(3) of this section, the electors of the	93
unincorporated area of the township may petition the board of	94
township trustees to adopt a resolution causing the board of	95
elections to submit to the electors the question of whether the	96
township should adopt a limited home rule government. Upon receipt	97
of a petition signed by ten per cent of the electors of the	98
unincorporated area of the township, as determined by the total	99
number of votes cast in that area for the office of governor at	100
the most recent general election for that office, the board of	101
township trustees shall adopt the resolution. The question shall	102
be voted upon at the next general election occurring at least	103
seventy-five days after the certification of the resolution to the	104
board of elections.	105

(B) If the population of the unincorporated territory of any	106
township that adopts a limited home rule government under division	107
(A)(3) or (4) of this section is fifteen thousand or more, the	108
township shall be called an "urban township."	109

(C) Except as otherwise provided in division (A)(1) of this	110
section, townships with a population of less than five thousand in	111
the unincorporated territory of the township are not permitted to	112
adopt a limited home rule government.	113

Sec. 504.02. (A) After certification of a resolution as	114
provided in division (A)~~, (B), or (D)~~ of section 504.01 of the	115
Revised Code, the board of elections shall submit the question of	116
whether to adopt a limited home rule government to the electors of	117
the unincorporated area of the township, and the ballot language	118
shall be substantially as follows:	119

"Shall the township of ........... (name) adopt a limited	120
home rule government, under which government the board of township	121
trustees, by resolution, may exercise limited powers of local	122
self-government and limited police powers?	123

......		For adoption of a limited home rule government		124
......		Against adoption of a limited home rule government"		125

(B)(1) At least forty-five days before the election on this	126
question, the board of township trustees shall have notice of the	127
election and a description of the proposed limited home rule	128
government published in a newspaper of general circulation in the	129
township once a week for two consecutive weeks and have the notice	130
and description posted in five conspicuous places in the	131
unincorporated area of the township.	132

(2) If a board of elections operates and maintains a web	133
site, notice of the election and a description of the proposed	134
limited home rule government shall be posted on that web site for	135
at least thirty days before the election on this question.	136

(C) If a majority of the votes cast on the proposition of	137
adopting a limited home rule government is in the affirmative,	138
that government is adopted and becomes the government of the	139
township on the first day of January immediately following the	140
election.	141

Sec. 505.031. ~~The~~(A)(1) Except as otherwise provided in	142
division (B) of this section, the board of township trustees may	143
appoint a township administrator, who shall be the administrative	144
head of the township under the direction and supervision of the	145
board and who shall hold office at the pleasure of the board.	146

(2) The board of township trustees shall appoint a township	147
administrator before the adoption of a resolution under division	148
(A)(1) of section 504.01 of the Revised Code directing the board	149
of elections to submit to the electors of the unincorporated	150
territory of the township the question of whether the township	151
should adopt a limited home rule government. The administrator	152
shall be the administrative head of the township under the	153
direction and supervision of the board and shall hold office at	154
the pleasure of the board.	155

(B) In the event that the township administrator is absent	156
from ~~his~~that office by reason of illness, death, vacation,	157
resignation, or removal, the ~~chairman~~chairperson of the board or	158
a qualified person designated by ~~him~~the chairperson with the	159
approval of the board shall act as township administrator and	160
perform all duties of such township office, until such time as the	161
township administrator returns to ~~his~~official duties or the board	162
appoints a new township administrator to fill the vacancy.	163

(C) The board shall fix the salary of the township	164
administrator and cause the same to be paid.	165

Section 2. That existing sections 504.01, 504.02, and 505.031	166
of the Revised Code are hereby repealed.	167