As Introduced

128th General Assembly
Regular Session
2009-2010
S. B. No. 253


Senator Kearney 



A BILL
To amend sections 703.01 and 703.06 of the Revised 1
Code to allow cities and villages to retain their 2
status as a city or village for a period of up to 3
two years despite a change in population that 4
otherwise determines their classification under 5
the Ohio Constitution.6


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

       Section 1. That sections 703.01 and 703.06 of the Revised 7
Code be amended to read as follows:8

       Sec. 703.01.  (A) MunicipalExcept as otherwise provided in 9
section 703.06 of the Revised Code, municipal corporations, which, 10
at the last federal census, had a population of five thousand or 11
more, or five thousand registered resident electors or resident 12
voters as provided in section 703.011 of the Revised Code, are 13
cities. All other municipal corporations are villages, except as 14
otherwise provided in section 703.06 of the Revised Code. Cities, 15
which, at any federal census, have a population of less than five 16
thousand, shall become villages, except as otherwise provided in 17
section 703.06 of the Revised Code. Villages, which, at any 18
federal census, have a population of five thousand or more, shall 19
become cities, except as otherwise provided in section 703.06 of 20
the Revised Code. 21

       (B)(1) No municipal corporation shall have its classification 22
as a village changed to that of a city by virtue of there being 23
counted, in determining the population of that municipal 24
corporation, either of the following:25

       (a) College or university students in attendance at an 26
educational institution located within the municipal corporation 27
if the residential addresses of those students when not in 28
attendance at the institution, or the residential addresses of the 29
guardians of those students, as determined by the records of the 30
institution kept by its registrar, are at a place other than the 31
municipal corporation in which the institution is located;32

       (b) Persons under detention in a detention facility located 33
within the municipal corporation if the residential addresses of 34
those persons when not detained in that facility, as determined by 35
the records of the facility, are at a place other than the 36
municipal corporation in which the facility is located. 37

       (2) After each decennial census, the secretary of state shall 38
issue a proclamation certifying the number of permanent residents 39
in a municipal corporation in which a college or university or in 40
which a detention facility is located and the number of students 41
attending a college or university or the number of persons 42
detained in a detention facility located within the municipal 43
corporation.44

       (3) As used in division (B) of this section, "detention 45
facility" has the same meaning as in section 2921.01 of the 46
Revised Code.47

       Sec. 703.06. (A)(1) When the result of any federal census or 48
an enumeration as provided in sections 703.02 to 703.05, 49
inclusive, of the Revised Code, is officially made known to the 50
secretary of state, hethe secretary of state forthwith shall 51
issue a proclamation, stating the names of all municipal 52
corporations having a population of five thousand or more, and the 53
names of all municipal corporations having a population of less 54
than five thousand, together with the population of all such 55
municipal corporations. A copy of the proclamation shall forthwith 56
be sent to the mayor of each such municipal corporation, which 57
copy shall forthwith be transmitted to the legislative authority 58
of such municipal corporation, read therein, and made a part of 59
the records thereof. Thirty days after the issuance of such 60
proclamation each municipal corporation shall be a city or village 61
as the case may be, unless the legislative authority of the 62
municipal corporation adopts a resolution to petition the 63
secretary of state for an extension to transition to the new 64
status of city or village despite a change in population. 65

       (2) The legislative authority of a municipal corporation 66
anticipating a status change on the basis of a federal census or 67
an enumeration as provided in sections 703.02 to 703.05 of the 68
Revised Code may adopt a resolution to petition the secretary of 69
state for a grant of an extension to transition to the new status 70
of city or village, thereby retaining the previous status despite 71
a change in population, until the termination of the extension 72
period or until the completion of an enumeration under this 73
section. The municipal corporation shall petition the secretary of 74
state before the expiration of the thirty-day period following the 75
secretary of state's issuance of the proclamation provided for in 76
division (A)(1) of this section. The petition shall specify the 77
amount of time requested for the extension, up to, but not 78
exceeding, a period of two years. The secretary of state shall 79
issue a proclamation within thirty days after receipt of the 80
petition granting an extension to transition to the new status, 81
for the amount of time requested, to the petitioning municipal 82
corporation. Upon issuance of the proclamation granting the 83
extension, the municipal corporation shall retain its previous 84
status as either a city or a village for the duration of the 85
extension period or until the completion of an enumeration under 86
this section. The extension begins on the date of the adoption of 87
the resolution to petition the secretary of state for an extension 88
and ends on the date specified in the proclamation granting the 89
extension, but in no case shall the extension exceed a period of 90
two years.91

       (B) Once during the extension period, a city may by 92
resolution direct the city auditor to make an enumeration as 93
provided in this section. Upon presentation of the resolution, the 94
city auditor shall cause an enumeration of the population of the 95
city to be taken and shall report the results to the legislative 96
authority of the city and to the secretary of state. The 97
requirements set forth in sections 703.04 and 703.05 of the 98
Revised Code apply to the enumeration authorized under this 99
section except that the enumeration authorized under this section 100
shall be completed within thirty days after the appointment of the 101
enumerators. When the results of an enumeration under this section 102
are officially made known to the secretary of state, the secretary 103
of state shall issue a proclamation, stating whether the city has 104
a population of five thousand or more and is therefore a city or 105
whether it has a population of less than five thousand and is a 106
village. Upon issuance of the proclamation, the extension ceases 107
and the city continues as a city or thirty days thereafter becomes 108
a village. This status continues until a change in population is 109
determined by the next federal decennial census or, if either of 110
the following occurs before that time, until either of the 111
following occurs:112

       (1) A proclamation is issued under section 703.011 of the 113
Revised Code.114

       (2) A city is reduced to a village in the manner provided by 115
sections 703.09 to 703.13 of the Revised Code.116

       Section 2. That existing sections 703.01 and 703.06 of the 117
Revised Code are hereby repealed.118