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OML HOME Affiliates Classifieds Legislative News Bulletin Publications About OML

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Ohio Municipal League
175 South Third Street
Suite 510
Columbus, Ohio 43215


614-221-4349 Office
614-221-4390 Fax

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Legislative Inquiries
John Mahoney
General Inquiries
info@omunileague.org

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OML E- BULLETIN
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No. 12                                                                              May 19, 2000

PLEASE CIRCULATE THIS BULLETIN TO YOUR COUNCIL, DEPARTMENT HEADS & STAFF

Annexation Deferred Until After Break.

SB 289, the bill that would revamp Ohio's annexation laws, has had its last hearing in the General Assembly, at least until the Assembly returns later this year. Following that determination, Senator Richard Schafrath, Chair of the Senate committee hearing SB 289, called a meeting of the interested parties to discuss concerns with the bill and a possible process for negotiating among the parties through the summer.

Representatives at the meeting included: The League, The Ohio Township Association, The County Commissioners' Association of Ohio, the Ohio School Boards Association, the Ohio Home Builders Association and their Central Ohio counterparts, The Ohio Realtors Association and the Ohio Coalition for Equitable Annexation.

Each group raised its concerns about SB 289, with the Ohio Township Association offering its views of some of those criticisms.

Senator Schafrath asked each group to put their concerns and potential amendments into a form that could be considered by the group at its next meeting (June 30) and for informal consideration through discussion among the groups which might be held prior to that next meeting.

House Committee Hears Opponents to Annexation Bill.

The House Local Government and Townships Committee heard from the League, many municipal officials and representatives from the private sector homebuilding and development community as it held a hearing on HB 98 (SB 289) for opponents of the bill this week.

The League reiterated its concerns over the 1/2 mile boundary outside of the area to be annexed and the reimbursement schedule which provides payments to townships for annexed areas which are withdrawn by the municipality. The League characterized both provisions of the bill as "overly generous" and as the root of the League's opposition to both HB 98 and SB 289.

While other officials offered different criticisms of the bill, the most troubling for the League are municipal officials continuing to call for a change in the bill that would expand the area outside of the territory to be annexed. Under this proposal the County Commissioners would consider not the unacceptable 1/2 mile, but instead consider the territory to be annexed, the entire township and the entire municipality. This is very much like the old "community of the whole" long advocated by the Ohio Township Association.

For those unfamiliar with the history of this legislation, this position, now advocated by some municipal officials, is almost exactly the same position advocated by the Ohio Township Association when they drafted their first annexation bill and before they agreed to consider any compromises on this legislation. It is ironic that such a position, which the Township Association could only hope to accomplish in their best dreams, is now the position advocated by some municipal officials.

Senate Moves Estate Tax Bill.

On the heels of the Supreme Court declaring that Ohio schools needed more money, the Ohio Senate voted out SB 108 this week. The legislation would essentially give some Ohioans a tax cut by getting the state out of the estate tax business. SB 108 would have the state forego its share of the estate tax, while leaving the local share (approximately 64%), which goes to townships and municipalities, intact.

The bill does have a small negative impact on local revenue in that the bill also raises the amount of the exemption from estate taxes from $25,000 to $50,000. This loss of revenue is approximately $5 million for cities and villages statewide. It is important that this loss not grow when SB 108 is considered by the Ohio House this coming week. Please, talk to your local member(s) of the House about protecting this local source of revenue.

When the state made its decision to cut its share of the estate tax, it made its decision with the knowledge that the state could afford to give up that revenue. To cut this tax revenue in a wholesale manner across all municipalities and townships is to reduce revenues without knowing whether each jurisdiction can afford that cut in revenue or not.

HB 483 Passes Senate.

HB 483, which would have the state centrally collect an estimated $6-$9 million annually in municipal corporate net profits taxes from the electric utilities following the deregulation of that industry, passed the Ohio Senate this week. The bill contains a number of amendments to technically clean up HB 477 and to make sure that the Ohio Department of Taxation can effectively collect and redistribute the municipal tax money from the utility companies.

The bill now goes to the House for concurrence in Senate amendments and then onto the Governor for his signature.

 Sub. HB 153 become effective on July 1, 2000

As of July 1, 2000, municipalities and other jurisdictions will no longer be legally responsible for reimbursing hospitals for the costs of sexual assault examinations performed for evidence collection. These costs will be paid out of the Reparations Fund of the Ohio Victims of Crime Compensation Program at a flat rate that will soon be determined by rule. The costs of sexual assault examinations performed on June 30, 2000 or before will still be the responsibility of the municipality (or jurisdiction where the crime occurred). The Reparations Funds will pick up these costs for

examinations conducted on July 1, 2000 and thereafter.

Residency Requirement bill to receive third hearing

The House Local Government & Townships Committee will be holding a third hearing on Rep. Pat Tiberi’s residency requirement bill, HB 249. The legislation would preclude a city or village from having a residency requirement for essential employees. The hearing will be held Wednesday, May 28 and will be for opponents of the legislation. The committee will be meeting in room 121 of the Statehouse at 4 p.m.. All those wishing to give opponent testimony are encouraged to attend the committee meeting.

 COMMITTEE MEETING SCHEDULE FOR WEEK OF MAY 22, 2000

MONDAY, MAY 22

HOUSE FINANCE & APPROPRIATIONS, 7 p.m., Rm. 313, Chr. Corbin, Phone: 466-6504.
SB 108 ESTATE TAX (Latta) Reduces the estate tax by reducing rates and increasing the credit amount; reduces the share of the estate tax paid to the state and declares an emergency. (1st Hearing)

TUESDAY, MAY 23

SENATE WAYS & MEANS, 9 a.m., South Hearing Rm., Chr. Blessing, Phone: 466-8068.
HB 628 PERS BENEFITS (Hollister) Increases certain benefits paid by the Public Employees Retirement System (PERS) and makes other changes. (2nd Hearing - Substitute bill to be offered - Possible vote)

SENATE INSURANCE, COMMERCE & LABOR, 10 a.m., North Hearing Rm., Chr. Nein, Phone: 466-8072.
HB 434 CONTRACTOR CERTIFICATION (Buehrer) Requires statewide certification of specified contractors and makes additional modifications to the Construction Industry Certification Law. (1st Hearing)

SENATE AGRICULTURE, 10:30 a.m., Finance 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 to the Director of Agriculture. (11th Hearing - Amendments - Possible vote)

SENATE WAYS & MEANS, After Session, South Hearing Rm., Chr. Blessing, Phone: 466-8068.
SB 302 MANUFACTURED HOMES (Johnson) Makes clarifications regarding the taxation of manufactured and mobile homes. (1st Hearing - Sponsor/proponents)

HOUSE FINANCE & APPROPRIATIONS, 1:30 p.m., Rm. 313, Chr. Corbin, Phone: 466-6504.
SB 108 ESTATE TAX (Latta) Reduces the estate tax by reducing rates and increasing the credit amount; reduces the share of the estate tax paid to the state and declares an emergency. (2nd Hearing - Possible vote)

HOUSE COMMERCE & LABOR, 7 p.m., Rm. 121, Chr. Cates, Phone: 466-8550.
SB 266 WORKERS’ COMPENSATION (Horn) Permits public employers, including state institutions of higher education but not including other state entities, to become self-insuring employers for purposes of the Workers’ Compensation Law. (1st Hearing - Sponsor/proponents/opponents - Possible vote)

HOUSE FINANCE & APPROPRIATIONS, 7:30 p.m., Rm. 313, Chr. Corbin, Phone: 466-6504.
Note: This meeting will be held only if necessary depending on actions taken at the 1:30 p.m. meeting.
SB 108 ESTATE TAX (Latta) Reduces the estate tax by reducing rates and increasing the credit amount; reduces the share of the estate tax paid to the state and declares an emergency. (3rd Hearing - Possible vote)

WEDNESDAY, MAY 24

HOUSE FINANCE & APPROPRIATIONS, 9 a.m., Rm. 313, Chr. Corbin, Phone: 466-6504.
Note: This meeting will be held only if necessary depending on actions taken at the previous day’s meetings.
SB 108 ESTATE TAX (Latta) Reduces the estate tax by reducing rates and increasing the credit amount; reduces the share of the estate tax paid to the state and declares an emergency. (4th Hearing - Possible vote)

HOUSE WAYS & MEANS, After session, Rm. 121, Chr. Mottley, Phone: 644-6008.
HB 397 MUNICIPAL DEVELOPMENT (Schuler) Permits municipal corporations to create a municipal development commission to act as an urban renewal and redevelopment agency for the municipal corporation. (3rd Hearing - Possible vote)

HB 672 MANUFACTURED HOUSING (Peterson) Makes clarifications regarding the taxation of manufactured and mobile homes. (3rd Hearing - Possible vote)

HOUSE LOCAL GOVERNMENT & TOWNSHIPS, 4 p.m., Rm. 121, Chr. Schuler, Phone: 644-6023.
HB 249 RESIDENCY REQUIREMENT (Tiberi) Prohibits a political subdivision from requiring its employees to reside in any specific area of the state. (4th Hearing)