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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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John Mahoney
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OML E- BULLETIN
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No. 13                                                                                   May 18, 2001

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

Senate Moves Forward on Budget.

The Senate this week ended the public testimony phase of its consideration of the budget and unveiled a substitute version of the bill (HB 94). Though the Senate made several changes to the bill, much of the basic substance of the House version (e.g. funding of primary and secondary education at about a $1.4 billion increase and a freeze on local government funds) remained intact.

Another change of specific municipal interest is an amendment that changes the House inserted requirement that EPA issue all permits within 90 days. That deadline was changed to 150 days by the Senate and the House language that would deem all permits approved if not acted on by EPA within the deadline was deleted. The EPA operates under a 180-day deadline currently.

All additional amendments to the Senate budget are required to be submitted to Finance Committee Chairman Senator Doug White's office by 5:00 p.m. Monday for consideration by the finance panel next week. It is expected there will be several more amendments considered. The Senate is scheduled to vote the $45 biennial budget out of its committee by May 22, with a vote on the budget by the entire Senate the 23rd.

That vote will allow for a week-long conference committee on differences between the houses and possible final passage of the budget by June 1. That in turn will allow the Governor time to consider signing the bill and use of his line-item veto before the budget is taken up for consideration by the Supreme Court. The Court set a deadline of June 15 of this year for the Governor and the legislature to come up with what the Court considers a constitutional scheme for funding primary and secondary education.

Penalty Reform Bill Offered.

A first hearing was held this week on HB 244 (Niehaus) in the House Retirement and Aging Committee. Under provisions of that bill, some relief and rebates would be given to those cities and villages which failed to comply with the letter of a 1998 law that requires quick submission of pre-employment physicals to the Police and Fire Pension Fund. Under that 1998 law, cities and villages are fined $100 a day for any noncompliance. HB 244 would also put in place some latitude for the Police and Fire Fund in levying the fines so that the penalty may more clearly reflect the severity of the failure to file some of these reports.

The League is very supportive of this legislation. Many of these errors in filing are inadvertent and, as the sponsor, Representative Tom Niehaus pointed out in his sponsor testimony, cities and villages have complied with the 1998 law at a rate of 95%.

The Committee also heard proponent testimony on HB 157 (Schuring), which would end the uncertainty on pension cost-of-living raises and set a 3% annual cost-of-living increase in benefits for all recipients of Ohio's public pension funds in all years.

Village Fiscal Officer Bill Heard.

Sponsor testimony on HB 245 was heard this week in the House Local Government and Townships Committee. Under the provisions of this bill, a village would not only be permitted to combine the offices of village clerk and treasurer, as is currently permitted in law, but also to make that position an appointed rather than an elected position. The provisions of the bill track the process that a village may follow in creating a position of village administrator. This shift cannot occur during the term of an elected clerk.

The new appointed position would carry the title of village fiscal officer and the person being appointed would have to move into the village within six months of appointment unless that requirement is waived by council.

Currently, villages which are having trouble finding someone in the village to run for clerk can make this single change only by adopting an entire charter.

The League supports this permissive legislation.

Still Plenty of Trees to Save!

If you haven't already and would like to sign up for our e-mail alternative delivery of the Legislative Bulletin, there's still time. Actually signing up for this alternative to having us mail you a copy of the Bulletin can be done anytime.

Just e-mail your e-mail address to omunileague2@copper.net and you will begin receiving your Bulletin by e-mail before noon on Friday, instead of through the mail. The Bulletin is also available on the web each Friday afternoon at www.omunileague.org.

Small Cities Council Initiative.

On behalf of Mayor Maxine Gilman, Ohio's representative to the NLC Small Cities Council and First Vice-President of the League, and the entire League, we would encourage you to participate in the NLC Small Cities Council's "Investing in Communities" Day, June 22, 2001 for communities below 50,000 population. Details on this effort are available on our web site at www.omunileague.org or by calling the League's offices in Columbus.

COMMITTEE MEETING SCHEDULE FOR WEEK OF MAY 21, 2001

WEDNESDAY, MAY 23

HOUSE LOCAL GOVERNMENT & TOWNSHIPS, 10 a.m., Rm. 121, Chr. Roman, Phone: 466-1790.

HB 245 VILLAGE OFFICES (Evans) Permits the offices of village clerk and treasurer to be combined into an appointed office of village fiscal officer and permits the appointed office to be subsequently abolished and replaced by the elected office of village clerk-treasurer. (2nd Hearing - Proponent)

HB 258 RESIDENCY REQUIREMENTS (Flowers) Prohibits certain political subdivisions from requiring their employees, and municipal corporations from requiring police or fire officers, to reside within any specific area of this state. (1st Hearing - Sponsor)

HOUSE RETIREMENT & AGING, 10:30 a.m., Rm. 122, Chr. Schuring, Phone: 752-2438.

HB 244 OPFP REPORTS (Niehaus) Modifies the penalties assessed against employers who fail to submit certain reports and information to the Ohio Police and Fire Pension Fund and reduces the amount of certain penalties currently owed by employers. (2nd Hearing - Proponent, opponent & interested party)

SENATE STATE & LOCAL GOVT. & VETERAN'S AFFAIRS, After 1:30 p.m. session or during session recess, South Hearing Rm., Chr. Spada, Phone: 466-8056.

HB 120 GOVERNMENT PURCHASES (Raga) Permits the Department of Administrative Services and political subdivisions to purchase supplies or services through a competitive reverse auction process via the Internet and makes changes in the notice required when the Department purchases supplies or services by competitive selection. (3rd Hearing - Proponent & opponent - Possible vote)