As Introduced

136th General Assembly

Regular Session H. B. No. 76

2025-2026

A BILL

To amend sections 505.01 and 505.82 and to enact section 505.013 of the Revised Code to allow the electors of certain townships to increase the membership of their boards of township trustees.

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

Section 1. That sections 505.01 and 505.82 be amended and section 505.013 of the Revised Code be enacted to read as follows:

Sec. 505.01. In (A) Except as otherwise provided in section 505.013 of the Revised Code, in each township there shall be a board of township trustees consisting of three members. ~~Two of such~~ Trustees shall be elected as follows:

(1) Two trustees shall be elected at the general election in nineteen forty-nine and quadrennially thereafter, in each township, who shall hold office for a term of four years, commencing on the first day of January next after their election. ~~The~~

(2) The third trustee shall be elected at the general election in nineteen fifty-one and quadrennially thereafter, in each township, who shall hold office for a term of four years, commencing on the first day of January next after the person's election.

At (B)(1) If the membership of a township's board of trustees is five members, as permitted under section 505.013 of the Revised Code, two additional trustees shall be elected at each general election described in division (A)(2) of this section for terms of four years, commencing on the first day of January after the election.

(2) Notwithstanding any contrary provision of law, all of the following apply to a board of township trustees that has five members:

(a) Any action that, under applicable law or rule, requires a two-thirds vote of a board of township trustees instead requires a three-fifths vote of the board.

(b) Any action that, under applicable law or rule, must be performed by at least two trustees of a township instead must be performed by at least three trustees of the township.

(c) If the township is included in a district or other entity whose governing body, under applicable law or rule, includes all of the members of the board of trustees, only three trustees of the township shall be voting members of the governing body, and the remaining two trustees shall be nonvoting members of the governing body. The board of township trustees shall elect the three trustees who are voting members of the governing body from among its members.

(C) At the first meeting of the board each ~~calender~~ calendar year, the board shall select one of its members to serve as chairperson for a term of one year. If the position of chairperson becomes vacant, the board shall select one of its members to preside.

Sec. 505.013. (A) The electors of a township that has a population of twenty thousand or more, as determined by the most recent federal decennial census, may increase the membership of the township's board of trustees to five members as follows:

(1) Electors of the township shall file with the board of elections a petition proposing to submit to the electors of the township the question of whether to increase the membership of the township's board of trustees to five members. The petition shall be signed by a number of electors of the township equal to ten per cent of the total votes cast for the office of governor at the most recent election for that office in the township.

(2) After receiving a valid petition submitted under division (A)(1) of this section, the board of elections shall submit the following question to the electors of the township at the next general election in an even-numbered year occurring at least ninety days after the day the petition is submitted to the board of elections:

"Shall the membership of the Board of Trustees of ________ (name of township) in the county of ________ (name of county) be increased from three members to five members?

____ Yes

____ No"

(3) If a majority of electors voting on the question vote in the affirmative, then thereafter, two additional trustees shall be elected under division (B)(1) of section 505.01 of the Revised Code, except as otherwise provided in divisions (B) and (C) of this section.

(B) The electors of a township that has a population of twenty thousand or more, as determined by the most recent federal decennial census, and whose board of trustees has five members, may decrease the membership of the township's board of trustees to three members as follows:

(1) Electors of the township shall file with the board of elections a petition proposing to submit to the electors of the township the question of whether to decrease the membership of the township's board of trustees to three members. The petition shall be signed by a number of electors of the township equal to ten per cent of the total votes cast for the office of governor at the most recent election for that office in the township.

(2) Upon receiving a valid petition submitted under division (B)(1) of this section, the board of elections shall submit the following question to the electors of the township at the next general election in an even-numbered year occurring at least ninety days after the day the petition is submitted to the board of elections:

"Shall the membership of the Board of Trustees of ________ (name of township) in the county of ________ (name of county) be decreased from five members to three members?

____ Yes

____ No"

(3) If a majority of electors voting on the question vote in the affirmative, then thereafter, only one trustee shall be elected at each general election described in division (A)(2) of section 505.01 of the Revised Code, unless and until the electors of the township again increase the membership of the board of trustees under division (A) of this section. The two additional trustees previously elected under division (B)(1) of section 505.01 of the Revised Code shall serve the remainders of their terms. If a vacancy occurs in the office of an additional trustee who is serving the remainder of a term under this division, the vacancy shall be filled for the remainder of the unexpired term as provided in section 503.24 of the Revised Code.

(C) If the population of a township with a board of trustees that has five members ceases to be twenty thousand or more, as determined by the most recent federal decennial census, both of the following apply:

(1) Thereafter, only one trustee shall be elected at each general election described in division (A)(2) of section 505.01 of the Revised Code, unless and until the population of the township becomes twenty thousand or more, as determined by the most recent federal decennial census, and the electors of the township again increase the membership of the board of trustees under division (A) of this section.

(2) The two additional trustees previously elected under division (B)(1) of section 505.01 of the Revised Code shall serve the remainders of their terms. If a vacancy occurs in the office of an additional trustee who is serving the remainder of a term under this division, the vacancy shall be filled for the remainder of the unexpired term as provided in section 503.24 of the Revised Code.

Sec. 505.82. (A) If a board of township trustees by a unanimous vote or, in the event of the unavoidable absence of one trustee, by an affirmative vote of two trustees in the case of a township that has three trustees, or by an affirmative vote of four trustees in the case of a township that has five trustees, adopts a resolution declaring that an emergency exists that threatens life or property within the unincorporated territory of the township or that such an emergency is imminent, the board may exercise the powers described in divisions (A)(1) and (2) and (B) of this section during the emergency for a period of time not exceeding six months following the adoption of the resolution. The resolution shall state the specific time period for which the emergency powers are in effect.

(1) If an owner of an undedicated road or stream bank in the unincorporated territory of the township has not provided for the removal of snow, ice, debris, or other obstructions from the road or bank, the board may provide for that removal. Prior to providing for the removal, the board shall give, or make a good faith attempt to give, oral notice to the owner or owners of the road or bank of the board's intent to clear the road or bank and to impose a service charge for doing so. The board shall establish just and equitable service charges for the removal to be paid, except as provided in division (B) of this section, by the owners of the road or bank.

The board shall keep a record of the costs incurred by the township in removing snow, ice, debris, or other obstructions from the road or bank. The service charges shall be based on these costs and shall be in an amount sufficient to recover these costs. If there is more than one owner of the road or bank, the board, except as provided in division (B) of this section, shall allocate the service charges among the owners on an equitable basis. The board shall notify, in writing, each owner of the road or bank of the amount of the service charges and shall certify the charges to the county auditor. The service charges shall constitute a lien upon the property. The auditor shall place the service charges on a special duplicate to be collected as other taxes and returned to the township general fund.

(2) The board may contract for the immediate acquisition, replacement, or repair of equipment needed for the emergency situation, without following the competitive bidding requirements of section 5549.21 or any other section of the Revised Code.

(B) In lieu of collecting service charges from owners for the removal of snow or ice from an undedicated road by the board of township trustees as provided in division (A)(1) of this section, the board may enter into a contract with a developer whereby the developer agrees to pay the service charges for the snow and ice removal instead of the owners.

(C) The removal of snow, ice, debris, or other obstructions from an undedicated road by a board of township trustees acting pursuant to a resolution adopted under division (A) of this section does not constitute approval or acceptance of the undedicated road.

(D) As used in this section, "undedicated road" means a road that has not been approved and accepted by the board of county commissioners and is not a part of the state, county, or township road systems as provided in section 5535.01 of the Revised Code.

(E) Nothing in this section shall be construed to waive the requirement under section 1517.15 of the Revised Code that approval of plans be obtained from the director of natural resources or the director's representative prior to modifying or causing the modification of the channel of any watercourse that is a wild, scenic, or recreational river outside the limits of a municipal corporation.

Section 2. That existing sections 505.01 and 505.82 of the Revised Code are hereby repealed.