130th Ohio General Assembly
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S. B. No. 253  As Introduced
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 Code to allow cities and villages to retain their status as a city or village for a period of up to two years despite a change in population that otherwise determines their classification under the Ohio Constitution.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 703.01 and 703.06 of the Revised Code be amended to read as follows:
Sec. 703.01.  (A) Municipal Except as otherwise provided in section 703.06 of the Revised Code, municipal corporations, which, at the last federal census, had a population of five thousand or more, or five thousand registered resident electors or resident voters as provided in section 703.011 of the Revised Code, are cities. All other municipal corporations are villages, except as otherwise provided in section 703.06 of the Revised Code. Cities, which, at any federal census, have a population of less than five thousand, shall become villages, except as otherwise provided in section 703.06 of the Revised Code. Villages, which, at any federal census, have a population of five thousand or more, shall become cities, except as otherwise provided in section 703.06 of the Revised Code.
(B)(1) No municipal corporation shall have its classification as a village changed to that of a city by virtue of there being counted, in determining the population of that municipal corporation, either of the following:
(a) College or university students in attendance at an educational institution located within the municipal corporation if the residential addresses of those students when not in attendance at the institution, or the residential addresses of the guardians of those students, as determined by the records of the institution kept by its registrar, are at a place other than the municipal corporation in which the institution is located;
(b) Persons under detention in a detention facility located within the municipal corporation if the residential addresses of those persons when not detained in that facility, as determined by the records of the facility, are at a place other than the municipal corporation in which the facility is located.
(2) After each decennial census, the secretary of state shall issue a proclamation certifying the number of permanent residents in a municipal corporation in which a college or university or in which a detention facility is located and the number of students attending a college or university or the number of persons detained in a detention facility located within the municipal corporation.
(3) As used in division (B) of this section, "detention facility" has the same meaning as in section 2921.01 of the Revised Code.
Sec. 703.06.  (A)(1) When the result of any federal census or an enumeration as provided in sections 703.02 to 703.05, inclusive, of the Revised Code, is officially made known to the secretary of state, he the secretary of state forthwith shall issue a proclamation, stating the names of all municipal corporations having a population of five thousand or more, and the names of all municipal corporations having a population of less than five thousand, together with the population of all such municipal corporations. A copy of the proclamation shall forthwith be sent to the mayor of each such municipal corporation, which copy shall forthwith be transmitted to the legislative authority of such municipal corporation, read therein, and made a part of the records thereof. Thirty days after the issuance of such proclamation each municipal corporation shall be a city or village as the case may be, unless the legislative authority of the municipal corporation adopts a resolution to petition the secretary of state for an extension to transition to the new status of city or village despite a change in population.
(2) The legislative authority of a municipal corporation anticipating a status change on the basis of a federal census or an enumeration as provided in sections 703.02 to 703.05 of the Revised Code may adopt a resolution to petition the secretary of state for a grant of an extension to transition to the new status of city or village, thereby retaining the previous status despite a change in population, until the termination of the extension period or until the completion of an enumeration under this section. The municipal corporation shall petition the secretary of state before the expiration of the thirty-day period following the secretary of state's issuance of the proclamation provided for in division (A)(1) of this section. The petition shall specify the amount of time requested for the extension, up to, but not exceeding, a period of two years. The secretary of state shall issue a proclamation within thirty days after receipt of the petition granting an extension to transition to the new status, for the amount of time requested, to the petitioning municipal corporation. Upon issuance of the proclamation granting the extension, the municipal corporation shall retain its previous status as either a city or a village for the duration of the extension period or until the completion of an enumeration under this section. The extension begins on the date of the adoption of the resolution to petition the secretary of state for an extension and ends on the date specified in the proclamation granting the extension, but in no case shall the extension exceed a period of two years.
(B) Once during the extension period, a city may by resolution direct the city auditor to make an enumeration as provided in this section. Upon presentation of the resolution, the city auditor shall cause an enumeration of the population of the city to be taken and shall report the results to the legislative authority of the city and to the secretary of state. The requirements set forth in sections 703.04 and 703.05 of the Revised Code apply to the enumeration authorized under this section except that the enumeration authorized under this section shall be completed within thirty days after the appointment of the enumerators. When the results of an enumeration under this section are officially made known to the secretary of state, the secretary of state shall issue a proclamation, stating whether the city has a population of five thousand or more and is therefore a city or whether it has a population of less than five thousand and is a village. Upon issuance of the proclamation, the extension ceases and the city continues as a city or thirty days thereafter becomes a village. This status continues until a change in population is determined by the next federal decennial census or, if either of the following occurs before that time, until either of the following occurs:
(1) A proclamation is issued under section 703.011 of the Revised Code.
(2) A city is reduced to a village in the manner provided by sections 703.09 to 703.13 of the Revised Code.
Section 2. That existing sections 703.01 and 703.06 of the Revised Code are hereby repealed.
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