Bill Text: OH HB73 | 2013-2014 | 130th General Assembly | Introduced

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Bill Title: To allow the question of reducing the number of members of the legislative authority of a nonchartered village to be submitted to the electors on the date of any special election, to correct the numerical designation of members eligible to be elected when transitioning to a nonstaggered legislative authority, and to declare an emergency.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2013-02-20 - To State and Local Government [HB73 Detail]

Download: Ohio-2013-HB73-Introduced.html

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As Introduced

130th General Assembly Regular Session 2013-2014

H. B. No. 73

Representative Anielski 

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A BILL

To amend sections 731.09 and 731.091 of the Revised

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Code to allow the question of reducing the number

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of members of the legislative authority of a

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nonchartered village to be submitted to the

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electors on the date of any special election, to

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correct the numerical designation of members

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eligible to be elected when transitioning to a

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nonstaggered legislative authority, and to declare

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an emergency.

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

Section 1.  That sections 731.09 and 731.091 of the Revised	10
Code be amended to read as follows:	11

Sec. 731.09.  (A) Except as otherwise provided in division	12
(B) or (C) of this section, the legislative power of each village	13
shall be vested in, and exercised by, a legislative authority,	14
composed of six members, who shall be elected by the electors of	15
the village at large, for terms of four years. At the municipal	16
election held in the year 1961 two members shall be elected for	17
terms of two years and four members shall be elected for terms of	18
four years. Except in villages where a primary election was held	19
in 1961 for the nomination of candidates for member of the	20
legislative authority, the four candidates who receive the	21
greatest number of votes cast shall be elected for terms of four	22
years, and the two candidates who receive the next greatest number	23
of the votes cast shall be elected for terms of two years.	24

All candidates nominated prior to June 8, 1961, except by	25
primary election, shall have their names grouped together on the	26
election ballot regardless of whether their nominating petition or	27
declaration of candidacy designated that they were candidates for	28
a two-year or a four-year term.	29

At the municipal election in 1963 and quadrennially	30
thereafter, two members shall be elected for terms of four years.	31

At the municipal election in 1965 and quadrennially	32
thereafter, four members shall be elected for terms of four years.	33

Beginning with the year 1964, all members of village council	34
shall hold office for a term of four years.	35

(B) The legislative authority of a village may adopt an	36
ordinance or resolution that, if approved by a majority of the	37
electors voting on the issue, would reduce the number of members	38
of the legislative authority to five. AThe election at which the	39
question is submitted to the electors may be held on the date of	40
any special election. Thereafter, a certified copy of the	41
ordinance or resolution shall be filed with the board of elections	42
no later than four p.m. of the ninetieth day before the day of the	43
next election at which members of the legislative authority are to	44
be elected.	45

(C) The electors may propose a reduction in the number of	46
members of the legislative authority from six to five by	47
initiative petition in accordance with the procedure set forth in	48
section 731.28 of the Revised Code.	49

(D) If a majority of the votes cast on the question proposed	50
under division (B) or (C) of this section is in the affirmative,	51
the legislative authority shall be composed of five members, who	52
shall be elected at large, for terms of four years. If members of	53
the legislative authority have staggered terms of office as	54
required by this section, the decrease in number of members shall	55
be implemented as necessary over the next two municipal elections	56
at which members of the legislative authority would be elected	57
unless the question is submitted to the electors under division	58
(B) of this section and approved by a majority of electors at a	59
special election occurring on a date that is not the date of the	60
regular municipal election and is held sufficiently in advance of	61
the regular municipal election at which members are elected. If	62
the legislative authority has adopted an ordinance or resolution	63
to eliminate staggered terms of office under section 731.091 of	64
the Revised Code, the five members shall be elected as set forth	65
in division (B)(2) of that section.	66

Sec. 731.091. (A) The legislative authority of a village may,	67
by the adoption of an ordinance or resolution to eliminate	68
staggered terms of office, determine that all members of the	69
legislative authority shall be elected at the same municipal	70
election as provided for in this section.	71

(B) At the regular municipal election occurring not less than	72
ninety days after the certification of the ordinance or resolution	73
to the board of elections eliminating staggered terms of office,	74
the following apply:	75

(1) If there are six members of the legislative authority,	76
threethe number of members eligible for election at that regular	77
municipal election shall be elected at the next regular municipal	78
election for two-year nonstaggered terms and all members of the	79
legislative authority shall be elected to four-year nonstaggered	80
terms at all following municipal elections.	81

(2) If there are five members of the legislative authority,	82
threea number of members that is one less than the number of	83
members that would otherwise be eligible for election at that	84
regular municipal election but for the first-time implementation	85
of the new membership of five, or, in the case of a village that	86
has previously reduced its number of members to five, then the	87
number of members eligible for election at that regular municipal	88
election shall be elected at the next municipal election for	89
two-year terms and all members shall be elected to four-year	90
nonstaggered terms at all following municipal elections.	91

Section 2.  That existing sections 731.09 and 731.091 of the	92
Revised Code are hereby repealed.	93

Section 3. This act is an emergency measure necessary for the	94
immediate preservation of the public peace, health, and safety.	95
The reason for the necessity is in order to allow some	96
nonchartered villages, that may so choose, to submit the question	97
of a reduction in the legislative authority at a special election	98
in sufficient time before the next regular municipal election at	99
which members of the legislative authority will be elected and	100
thereby implement the reduction at the November 2013 election	101
instead of the November 2015 election, and to correct an	102
inadvertent mistake in the designation of numbers of members to be	103
elected in order to implement the elimination of staggered terms	104
of office. Therefore, this act goes into immediate effect.	105