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As Introduced
136th
General Assembly
Regular
Session
H. B. No. 445
2025-2026
Representatives Dovilla, Stewart
Cosponsors: Representatives Daniels,
Demetriou, Fowler Arthur, Ray, Roemer, Thomas, D.
To
amend sections 167.02 and 167.04 and to enact sections 713.41,
713.42, and 713.43 of the Revised Code
regarding
regional councils of government and metropolitan planning
organizations.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
sections 167.02 and 167.04 be amended and sections 713.41, 713.42,
and 713.43 of the Revised Code be enacted to read as follows:
Sec.
167.02.
(A)
Membership in the regional council shall be the counties, municipal
corporations, townships, special districts, school districts, and
other political subdivisions entering into the agreement establishing
the council or admitted to membership subsequently pursuant to the
agreement establishing the council or the bylaws of the council.
Representation on the council may be in the manner as provided in the
agreement establishing the council.
A regional council that is a metropolitan planning organization shall
not include a a majority of voting members from any one county.
(B)
If the agreement establishing the council does not set forth the
manner for determining representation on the council such
representation shall consist of one representative from each county,
municipal corporation, township, special district, school district,
or other political subdivision entering into the agreement, or
subsequently admitted to membership in the council. The
representative from each member county, municipal corporation,
township, special district, school district, or other political
subdivision shall be elected chief executive thereof, or, if such
county, municipal corporation, township, special district, school
district, or other political subdivision does not have an elected
chief executive, a member of its governing body chosen by such body
to be its representative.
(C)
Records containing the names of the political subdivisions that are
members of a regional council of governments or the names of the
representatives from those political subdivisions who serve on the
council are public records within the meaning of section 149.43 of
the Revised Code, and those names are not considered to be trade
secrets under section 1333.61 of the Revised Code.
(D)
The director of development services shall assist the council in
securing the cooperation of all appropriate agencies of the state or
of the United States to aid in promoting the orderly growth and
development of the area, solving the problems of local government,
and discharging the responsibilities and duties of local government
in the most efficient possible manner.
(E)
Any county, municipal corporation, township, special district, school
district, or other political subdivision which has become a member of
the council may withdraw by formal action of its governing board and
upon sixty days notice to council after such action, or in the manner
provided in the agreement establishing the council, provided no such
procedure relative to withdrawals in the agreement establishing the
council shall require the political subdivision desiring to withdraw
to retain its membership in the council for a period in excess of two
years.
Sec.
167.04.
(A)
The regional council of governments shall adopt by-laws, by a
majority vote of its members, designating the officers of the council
and the method of their selection, creating a governing board that
may act for the council as provided in the by-laws, and providing for
the conduct of its business.
The individual who serves as the chief executive officer of a
regional council of governments that is a metropolitan planning
organization shall not hold employment outside of this state.
(B)
The by-laws of the regional council of governments shall provide for
the appointment of a fiscal officer, who may hold any other office or
employment with the council, and who shall receive, deposit, invest,
and disburse the funds of the council in the manner authorized by the
by-laws or action by the council.
(C)
The by-laws of a regional council of governments the members of which
include, under sections 167.01 and 167.02 of the Revised Code, at
least eight counties may include a provision authorizing member
attendance and voting at council meetings either in person or by
proxy.
(D)
The officers of the council shall notify the auditor of state of the
regional council's formation, provide a copy of the council's
by-laws, and provide on a form prescribed by the auditor of state any
other information regarding the regional council that the auditor of
state considers necessary.
The
council shall take no official action, other than formation, before
notifying the auditor of state of its formation in accordance with
this section. Any official action the council takes before making
that notification, including entering into any contract, is void.
Sec.
713.41.
(A)
As used in this section:
(1)
"Metropolitan planning organization" has the same meaning
as in section 5552.01 of the Revised Code.
(2)
"Commuter statistics" means the population of individuals
who work at locations that are different from where those individuals
live, as determined by the five-year commuting flow estimates
published in the American community survey by the United States
census bureau and that are based on the most recent federal decennial
census data.
(3)
"Eligible county" means a county that is part of a
metropolitan planning organization and in which twenty-five per cent
of the workforce population of that county commutes to an adjoining
county that is partially or wholly located in a different
metropolitan planning organization, according to the most recent
commuter statistics and excluding any percentage of the workforce
that commutes to a different state.
(B)(1)
The board of county commissioners of an eligible county may adopt a
resolution requesting that the governor redesignate that eligible
county into a different, adjoining metropolitan planning
organization.
(2)
A board that adopts a resolution in accordance with division (B)(1)
of this section shall send a copy of that resolution to the governor.
(C)(1)
Not later than sixty days after receipt of the copy of the resolution
in accordance with division (B) of this section, the governor shall
determine whether to redesignate the eligible county.
(2)
If the governor determines that the eligible county should be
redesignated, the governor shall take the necessary steps to
redesignate that county into the adjoining metropolitan planning
organization.
Sec.
713.42.
(A)
As used in this section, "metropolitan planning organization"
has the same meaning as in section 5552.01 of the Revised Code.
(B)
A metropolitan planning organization shall not adopt policies,
regulations, or standards that are more stringent than any
corresponding state and federal policies, regulations, or standards.
Sec.
713.43.
(A)
As used in this section, "metropolitan planning organization"
has the same meaning as in section 5552.01 of the Revised Code.
(B)
The governing body of a metropolitan planning organization shall not
include a majority of voting members from one county.
Section
2.
That
existing sections 167.02 and 167.04 of the Revised Code are hereby
repealed.