As Reported by the House Local Government Committee

136th General Assembly

Regular Session Am. H. B. No. 428

2025-2026

To amend sections 9.481, 735.01, and 737.01 of the Revised Code regarding residency requirements for the city director of public service and the city director of public safety.

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

Section 1. That sections 9.481, 735.01, and 737.01 of the Revised Code be amended to read as follows:

Sec. 9.481. (A) As used in this section:

(1) "Political subdivision" has the same meaning as in section 2743.01 of the Revised Code.

(2) "Volunteer" means a person who is not paid for service or who is employed on less than a permanent full-time basis.

(B)(1) Except as otherwise provided in division (B)(2) of this section, no political subdivision shall require any of its employees, as a condition of employment, to reside in any specific area of the state.

(2)(a) Division (B)(1) of this section does not apply to a volunteer.

(b) To ensure adequate response times by certain employees of political subdivisions to emergencies or disasters while ensuring that those employees generally are free to reside throughout the state, the electors of any political subdivision may file an initiative petition to submit a local law to the electorate, or the legislative authority of the political subdivision may adopt an ordinance or resolution, that requires any individual employed by that political subdivision, as a condition of employment, to reside either in the county where the political subdivision is located or in any adjacent county in this state. For the purposes of this section, an initiative petition shall be filed and considered as provided in sections 731.28 and 731.31 of the Revised Code, except that the fiscal officer of the political subdivision shall take the actions prescribed for the auditor or clerk if the political subdivision has no auditor or clerk, and except that references to a municipal corporation shall be considered to be references to the applicable political subdivision.

(c) The legislative authority of a city may adopt an ordinance to require the director of public service under section 735.01 of the Revised Code or the director of public safety under section 737.01 of the Revised Code to reside within the city not later than six months after the director's appointment.

(C) Except as otherwise provided in division (B)(2) of this section, employees of political subdivisions of this state have the right to reside any place they desire.

Sec. 735.01. In each city there shall be a department of public service which shall be administered by a director of public service~~. The director shall be~~ appointed by the mayor and need not be a resident of the city at the time of his appointment but shall become a resident thereof within six months after his appointment unless such residence requirement is waived by ordinance. HeThe director shall make rules and regulations for the administration of the affairs under ~~his~~the director's supervision.

Sec. 737.01. In each city there shall be a department of public safety, which shall be administered by a director of public safety~~. The director shall be~~ appointed by the mayor and need not be a resident of the city at the time of his appointment but shall become a resident thereof within six months after his appointment unless such residence requirement is waived by ordinance.

Section 2. That existing sections 9.481, 735.01, and 737.01 of the Revised Code are hereby repealed.