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No. 10 April 28, 2000 PLEASE CIRCULATE THIS BULLETIN TO YOUR COUNCIL, DEPARTMENT HEADS & STAFF HB 434 in House Rules A bill, HB 434, that would preempt municipal testing and licensing of building contractors by the state taking over that responsibility, is currently in House Rules waiting to be scheduled for a House floor vote. Under the current provisions of the bill the state would test and license building contractors, but municipal governments would still be allowed to require contractors to register prior to working in a community. A fee for that registration could be charged and the registration could be revoked for cause. A municipality would also be able to require proof by the contractor of workers' comp premiums, notification of the municipal income tax bureau and a bond to cover work performed in that community. If you have concerns or questions about this bill or want a copy of the latest version of the bill, please, let us know at the League office. HB 483 Up for Opponent Hearing. HB 483, that would have the state collect the municipal corporate net profits tax for electric companies after deregulation, is up for an opponent hearing in the Senate Ways and Means Committee this week. That committee is scheduled to meet in the Senate's South Hearing Room after the Senate's 1:30 p.m. session on Tuesday. If you would like to register your opposition to this bill through testimony, please, let us know. Court Futures Commission Recommends Abolishing Mayors Court The recently released Court Futures Final Report recommends that mayors courts be replaced by local delivery of judicial services through trial courts with locations convenient to the public. The rationale and discussion for this decision is taken verbatim from the Court Futures Final Report. "Discussion/ Rationale: Over the years, mayor's courts have been a continuing source of controversy for the judicial system. While some legal training is now required for mayors who preside at mayors courts, there is no requirement that they be licensed as attorneys. The current training requirements are in no way comparable to the legal education and experience required of judges who decide cases in trial and appellate courts. Some mayors have responded by appointing magistrates to preside at mayor's court. There is also an apparent conflict of interest when a mayor, the executive officer of a city, decides guilt and levies fines that are in turn used to support any portion of city government. In a recent federal court decision, City of Macedonia v. DePiero, (6th Cir 1999), 180 F3d 770, cert. denied 120 S. Ct. 844 (Jan. 10, 2000), the Sixth Circuit Court of Appeals found that a constitutional problem is created in jurisdictions where mayors control budgets and law enforcement, and also serve a judicial function by presiding over a mayor's court and deciding cases there." Copies of the final report may be obtained by contacting the Supreme Court at 800-826-9010 or visiting the Supreme Court website at www.sconet.state.oh.us. COMMITTEE SCHEDULE FOR WEEK OF MAY 1ST TUESDAY, MAY 2 SENATE WAYS & MEANS, After Session, South Hearing Rm., Chr. Blessing, Phone: 466-8068. SB 287 GAS COMPANY PROPERTY (Blessing) Reduces the assessment rate on tangible personal property owned by natural gas companies; levies an excise tax on the distribution of natural gas and modifies the determination of the true value of current gas stored underground. (1st Hearing) HB 483 ELECTRIC UTILITY TAXATION (Mottley) Prescribes a uniform set of procedures for municipal taxation of electric companies. (3rd Hearing - Possible vote) SB 193 UTILITY EXCAVATIONS (Blessing) Provides for the establishment and operation of a single, statewide, one-call notification system as a means of preventing or minimizing damage to subsurface facilities as a result of excavations occurring in this state. (8th Hearing - Possible vote) HOUSE COMMERCE & LABOR, 3 p.m., Rm. 017, Chr. Cates, Phone: 466-8550. HB 627 WORKERS COMPENSATION (Mottley) Permits public employers, other than the state, to become self-insuring employers for purposes of the Workers Compensation Law. (2nd Hearing - Proponents/opponents/interested parties) SB 169 PUBLIC EMPLOYER INSPECTIONS (Wachtmann) Eliminates the biennial safety inspection required for a public employer that is exempt from the Public Employment Risk Reduction Program and substitutes an optional inspection. (3rd Hearing - Possible vote) WEDNESDAY, MAY 3 HOUSE HEALTH, RETIREMENT & AGING, 9:30 a.m., Rm. 017, Chr. Van Vyven, Phone: 466-8120. HB 623 RETIREMENT PLANS (Cates) Establishes a new defined contribution retirement plan for certain public employees who are elective officials or are in the states unclassified civil service in positions exempt from collective bargaining. (3rd Hearing) HB 628 PERS BENEFITS (Hollister) Increases certain benefits paid by the Public Employees Retirement System (PERS), provides that the annual cost of living increase paid to retired PERS members and their survivors will be three per cent, allows PERS to establish a defined contribution retirement plan, and relocates the provisions governing the Ohio Deferred Compensation Program. (3rd Hearing - Substitute bill to be offered - Possible vote) SB 144 PERS PAYMENTS (Johnson) Requires the Public Employees Retirement System to credit interest on a members contributions and, under certain circumstances, pay an amount of the employer contributions on the death of a member or withdrawal of a members contributions. (4th Hearing) HOUSE LOCAL GOVERNMENT & TOWNSHIPS, 4 p.m., Rm. 121, Chr. Schuler, Phone: 644-6023. HB 98 ANNEXATION LAW (Terwilleger) Revises the laws governing municipal annexation. (1st Hearing) SENATE STATE & LOCAL GOVT. & VETERAN'S AFFAIRS, 4:30 p.m., South Hearing Rm., Chr. Schafrath, Phone: 466-8086. HB 531 CEMETERY FEES (Hollister) Exempts certain political subdivisions from the requirement of paying a cemetery registration fee and makes changes to the law governing fees for the issuance of burial permits. (3rd Hearing - Possible vote) HB 298 SMOKING RULES (Schuler) Requires that any orders or rules enacted by a board of health related to smoking be adopted by the legislative authority of a municipal corporation or township before those orders or rules are effective within the boundaries of that political subdivision. (2nd Hearing) SB 289 ANNEXATIONS (Cupp) Revises the law governing municipal annexations. (2nd Hearing) THURSDAY, MAY 4 SENATE AGRICULTURE, 9 a.m., North Hearing Rm., Chr. White, Phone: 466-8082. SB 141 ANIMAL FEEDING OPERATIONS (Mumper) Transfers authority to issue permits for the construction of new or modification of existing concentrated animal feeding operations from the Director of Environmental Protection to the Director of Agriculture, to provide for the regulation of concentrated animal feeding operations, and to make an appropriation. (8th Hearing) |