130th Ohio General Assembly
The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.

H. B. No. 347  As Passed by the House
As Passed by the House

129th General Assembly
Regular Session
2011-2012
H. B. No. 347


Representative Anielski 

Cosponsors: Representatives Hall, Huffman, Stebelton, Baker, Barnes, Beck, Blair, Blessing, Buchy, Combs, Grossman, Hackett, Matheney, Newbold, Roegner, Rose, Ruhl, Sears, Slaby 



A BILL
To amend section 731.09 and to enact section 731.091 of the Revised Code to authorize the legislative authority of a statutory nonchartered village to be composed of five instead of six members and to authorize the terms of office to be nonstaggered.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 731.09 be amended and section 731.091 of the Revised Code be enacted to read as follows:
Sec. 731.09.  The (A) Except as otherwise provided in division (B) or (C) of this section, the legislative power of each village shall be vested in, and exercised by, a legislative authority, composed of six members, who shall be elected by the electors of the village at large, for terms of four years. At the municipal election held in the year 1961 two members shall be elected for terms of two years and four members shall be elected for terms of four years. Except in villages where a primary election was held in 1961 for the nomination of candidates for member of the legislative authority, the four candidates who receive the greatest number of votes cast shall be elected for terms of four years, and the two candidates who receive the next greatest number of the votes cast shall be elected for terms of two years.
All candidates nominated prior to June 8, 1961, except by primary election, shall have their names grouped together on the election ballot regardless of whether their nominating petition or declaration of candidacy designated that they were candidates for a two-year or a four-year term.
At the municipal election in 1963 and quadrennially thereafter, two members shall be elected for terms of four years.
At the municipal election in 1965 and quadrennially thereafter, four members shall be elected for terms of four years.
Beginning with the year 1964, all members of village council shall hold office for a term of four years.
(B) The legislative authority of a village may adopt an ordinance or resolution that, if approved by a majority of the electors voting on the issue, would reduce the number of members of the legislative authority to five. A certified copy of the ordinance or resolution shall be filed with the board of elections no later than four p.m. of the ninetieth day before the day of the next election at which members of the legislative authority are to be elected.
(C) The electors may propose a reduction in the number of members of the legislative authority from six to five by initiative petition in accordance with the procedure set forth in section 731.28 of the Revised Code.
(D) If a majority of the votes cast on the question proposed under division (B) or (C) of this section is in the affirmative, the legislative authority shall be composed of five members, who shall be elected at large, for terms of four years. If members of the legislative authority have staggered terms of office as required by this section, the decrease in number of members shall be implemented as necessary over the next two municipal elections at which members of the legislative authority would be elected. If the legislative authority has adopted an ordinance or resolution to eliminate staggered terms of office under section 731.091 of the Revised Code, the five members shall be elected as set forth in division (B)(2) of that section.
Sec. 731.091. (A) The legislative authority of a village may, by the adoption of an ordinance or resolution to eliminate staggered terms of office, determine that all members of the legislative authority shall be elected at the same municipal election as provided for in this section.
(B) At the regular municipal election occurring not less than ninety days after the certification of the ordinance or resolution to the board of elections eliminating staggered terms of office, the following apply:
(1) If there are six members of the legislative authority, three members shall be elected at the next regular municipal election for two year nonstaggered terms and all members of the legislative authority shall be elected to four year nonstaggered terms at all following municipal elections.
(2) If there are five members of the legislative authority, three members shall be elected at the next municipal election for two year terms and all members shall be elected to four year nonstaggered terms at all following municipal elections.
Section 2. That existing section 731.09 of the Revised Code is hereby repealed.
Please send questions and comments to the Webmaster.
© 2018 Legislative Information Systems | Disclaimer