As Introduced                            1            

123rd General Assembly                                             4            

   Regular Session                                H. B. No. 189    5            

      1999-2000                                                    6            


    REPRESENTATIVES TAYLOR-WILLAMOWSKI-OLMAN-VESPER-VAN VYVEN      8            


_________________________________________________________________   9            

                          A   B I L L                                           

             To amend section 703.01 of the Revised Code to        11           

                exclude persons under detention in a detention     12           

                facility from persons counted to determine the     13           

                population of a municipal corporation for                       

                purposes of classifying the municipal corporation  14           

                as a village or a city.                                         




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        16           

      Section 1.  That section 703.01 of the Revised Code be       18           

amended to read as follows:                                        19           

      Sec. 703.01.  (A)  Municipal corporations, which, at the     28           

last federal census, had a population of five thousand or more,    30           

or five thousand registered resident electors or resident voters   31           

as provided in section 703.011 of the Revised Code, are cities.    32           

All other municipal corporations are villages.  Cities, which, at  33           

any federal census, have a population of less than five thousand,               

shall become villages.  Villages, which, at any federal census,    34           

have a population of five thousand or more, shall become cities.   35           

No                                                                              

      (B)(1)  NO municipal corporation shall have its              37           

classification as a village changed to that of a city by virtue    39           

of there being counted, in determining the population of such      40           

THAT municipal corporation, college EITHER OF THE FOLLOWING:       41           

      (a)  COLLEGE or university students in attendance at an      43           

educational institution within the municipal corporation where IF  45           

the residential addresses of such THOSE students when not in       46           

attendance at the education institution, or the residential        47           

                                                          2      


                                                                 
addresses of the guardians of such THOSE students, as determined   49           

by the records of the institution kept by its registrar, are at a  50           

place other than the municipal corporation wherein such IN WHICH                

THE institution is located;                                        51           

      (b)  PERSONS UNDER DETENTION IN A DETENTION FACILITY         54           

LOCATED WITHIN THE MUNICIPAL CORPORATION IF THE RESIDENTIAL                     

ADDRESSES OF THOSE PERSONS WHEN NOT DETAINED IN THAT FACILITY, AS  56           

DETERMINED BY THE RECORDS OF THE FACILITY, ARE AT A PLACE OTHER    57           

THAN THE MUNICIPAL CORPORATION IN WHICH THE FACILITY IS LOCATED.   58           

After                                                                           

      (2)  AFTER each decennial census, the secretary of state     61           

shall issue a proclamation certifying the number of permanent                   

residents in such A municipal corporation IN WHICH A COLLEGE OR    62           

UNIVERSITY OR IN WHICH A DETENTION FACILITY IS LOCATED and the     63           

number of students attending a college or university therein OR    64           

THE NUMBER OF PERSONS DETAINED IN A DETENTION FACILITY LOCATED     65           

WITHIN THE MUNICIPAL CORPORATION.                                  66           

      (3)  AS USED IN DIVISION (B) OF THIS SECTION, "DETENTION     69           

FACILITY" HAS THE SAME MEANING AS IN SECTION 2921.01 OF THE        70           

REVISED CODE.                                                                   

      Section 2.  That existing section 703.01 of the Revised      72           

Code is hereby repealed.                                           73