130th Ohio General Assembly
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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 Revised Code to permit townships with a population of less than five thousand in its unincorporated territory to adopt a limited home rule government under certain conditions.

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 Revised Code be amended to read as follows:
Sec. 504.01.  A township that meets the qualifications of this section may adopt a limited home rule government in the manner provided in this section.
(A)(1) If a township has a population of less than five thousand in the unincorporated territory of the township, a limited home rule government under which the township exercises limited powers of local self-government and limited police powers may be adopted if all the following apply:
(a) The electors of the unincorporated territory of the township petition the board of township trustees to adopt limited home rule government;
(b) The petition has been signed by ten per cent of the electors of the unincorporated territory of the township, as determined by the total number of votes cast in that territory for the office of governor at the most recent general election for that office;
(c) The board of township trustees appoints a township administrator under division (A)(2) of section 505.031 of the Revised Code; and
(d) The total amount certified in the official certificate of estimated resources or in an amended official certificate of estimated resources for the township under section 5705.36 of the Revised Code is at least three million five hundred thousand dollars for the most recently concluded fiscal year.
If the conditions enumerated in this division have been met, the board shall adopt and certify to the board of elections a resolution directing the board of elections to submit to the electors of the unincorporated territory the question whether the township should adopt a limited home rule government. The question shall be voted upon at the next general election occuring at least seventy-five days after certification of the resolution to the board of elections.
(2) If a township has a population of at least five thousand but less than fifteen thousand in the unincorporated territory of the township, the board of township trustees, by a majority vote, may adopt a resolution causing the board of elections to submit to the electors of the unincorporated area of the township the question of whether the township should adopt a limited home rule government under which it exercises limited powers of local self-government and limited police powers, as authorized by this chapter. The question shall be voted upon at the next general election occurring at least seventy-five days after certification of the resolution to the board of elections.
(B)(3) If a township has a population of fifteen thousand or more in the unincorporated territory of the township, the board of township trustees, after at least one public hearing, may do either of the following:
(1)(a) By a unanimous vote, adopt a resolution establishing a limited home rule government under which the township exercises limited powers of local self-government and limited police powers as authorized by this chapter. The resolution shall become effective thirty days after the date of its adoption unless within that thirty-day period there is presented to the board of township trustees a petition, signed by a number of registered electors residing in the unincorporated area of the township equal to at least ten per cent of the total vote cast for all candidates for governor in that area at the most recent general election at which a governor was elected, requesting the board of township trustees to submit the question of establishing a limited home rule government to the electors of that area for approval or rejection at a special election to be held on the day of the next primary or general election occurring at least seventy-five days after the petition is presented. Each part of the petition shall meet the requirements specified in section 3501.38 of the Revised Code. Upon timely receipt of the petition, the board of township trustees shall adopt a resolution causing the board of elections to submit to the electors of the unincorporated area of the township the question of whether the township should adopt a limited home rule government.
(2)(b) By a majority vote, adopt a resolution causing the board of elections to submit to the electors of the unincorporated area of the township the question of whether the township should adopt a limited home rule government under which it exercises limited powers of local self-government and limited police powers, as authorized by this chapter. The question shall be voted upon at the next general election occurring at least seventy-five days after certification of the resolution to the board of elections.
If the population of the unincorporated territory of any township that adopts a limited home rule government under division (B) or (D) of this section is fifteen thousand or more, the township shall be called an "urban township."
(C) Townships with a population of less than five thousand in the unincorporated territory of the township are not permitted to adopt a limited home rule government.
(D)(4) If a township meets the population requirements of division (A)(2) or (B)(3) of this section, the electors of the unincorporated area of the township may petition the board of township trustees to adopt a resolution causing the board of elections to submit to the electors the question of whether the township should adopt a limited home rule government. Upon receipt of a petition signed by ten per cent of the electors of the unincorporated area of the township, as determined by the total number of votes cast in that area for the office of governor at the most recent general election for that office, the board of township trustees shall adopt the resolution. The question shall be voted upon at the next general election occurring at least seventy-five days after the certification of the resolution to the board of elections.
(B) If the population of the unincorporated territory of any township that adopts a limited home rule government under division (A)(3) or (4) of this section is fifteen thousand or more, the township shall be called an "urban township."
(C) Except as otherwise provided in division (A)(1) of this section, townships with a population of less than five thousand in the unincorporated territory of the township are not permitted to adopt a limited home rule government.
Sec. 504.02.  (A) After certification of a resolution as provided in division (A), (B), or (D) of section 504.01 of the Revised Code, the board of elections shall submit the question of whether to adopt a limited home rule government to the electors of the unincorporated area of the township, and the ballot language shall be substantially as follows:
"Shall the township of ........... (name) adopt a limited home rule government, under which government the board of township trustees, by resolution, may exercise limited powers of local self-government and limited police powers?
...... For adoption of a limited home rule government
...... Against adoption of a limited home rule government"

(B)(1) At least forty-five days before the election on this question, the board of township trustees shall have notice of the election and a description of the proposed limited home rule government published in a newspaper of general circulation in the township once a week for two consecutive weeks and have the notice and description posted in five conspicuous places in the unincorporated area of the township.
(2) If a board of elections operates and maintains a web site, notice of the election and a description of the proposed limited home rule government shall be posted on that web site for at least thirty days before the election on this question.
(C) If a majority of the votes cast on the proposition of adopting a limited home rule government is in the affirmative, that government is adopted and becomes the government of the township on the first day of January immediately following the election.
Sec. 505.031.  The (A)(1) Except as otherwise provided in division (B) of this section, the board of township trustees may appoint a township administrator, who shall be the administrative head of the township under the direction and supervision of the board and who shall hold office at the pleasure of the board.
(2) The board of township trustees shall appoint a township administrator before the adoption of a resolution under division (A)(1) of section 504.01 of the Revised Code directing the board of elections to submit to the electors of the unincorporated territory of the township the question of whether the township should adopt a limited home rule government. The administrator shall be the administrative head of the township under the direction and supervision of the board and shall hold office at the pleasure of the board.
(B) In the event that the township administrator is absent from his that office by reason of illness, death, vacation, resignation, or removal, the chairman chairperson of the board or a qualified person designated by him the chairperson with the approval of the board shall act as township administrator and perform all duties of such township office, until such time as the township administrator returns to his official duties or the board appoints a new township administrator to fill the vacancy.
(C) The board shall fix the salary of the township administrator and cause the same to be paid.
Section 2. That existing sections 504.01, 504.02, and 505.031 of the Revised Code are hereby repealed.
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