Bill Text: OH SB253 | 2009-2010 | 128th General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-05-04 - To State & Local Government & Veterans Affairs [SB253 Detail]

Download: Ohio-2009-SB253-Introduced.html

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As Introduced

128th General Assembly Regular Session 2009-2010

S. B. No. 253

Senator Kearney 

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A BILL

To amend sections 703.01 and 703.06 of the Revised

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Code to allow cities and villages to retain their

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status as a city or village for a period of up to

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two years despite a change in population that

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otherwise determines their classification under

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the Ohio Constitution.

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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