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No. 20 September 28, 2001 PLEASE CIRCULATE THIS BULLETIN TO YOUR COUNCIL, DEPARTMENT HEADS & STAFF Members Raise Questions on HB 191.Many of our member municipalities have received a letter from State Representative Tim Schaffer regarding a bill he is sponsoring, HB 191. Under provisions of the bill, five cities (Columbus, Toledo, Cleveland, Dayton and Cincinnati), because they collect more than $100 million annually in municipal income taxes, would have to remit 25% of the tax dollars paid by non-resident commuters to the commuter's community of residence. In that letter, Rep. Schaffer asks for support from those communities which would benefit from this redistribution of the municipal income tax. We have a number of concerns about this proposal, which we have mentioned in previous Bulletins. Our primary concern is, obviously, a budgetary one. While this proposal would help many outlying communities in our major metropolitan areas which are facing tough budgetary times, it would also blow a hole in the budgets of five major cities of 10-18%. This proposal, by our initial estimates, would cost the city of Columbus alone about $45 million, hardly an easy gap to make up. Divvied up by all the communities that would get a piece of that money, including cities, villages and townships of residence, such a scheme would cause: an unmanageable fiscal crisis in five major cities, help some outlying communities who need additional revenues, not send enough to a number of communities to a make a difference in their budget problems and send dollars to communities who do not need the money. Simply, it is a scheme in which four things will happen, three of which are bad. Obviously, there is an attractiveness to this bill for many of our members. If this bill passes, new dollars will flow into the community without any political responsibility. If there is any political heat generated by the need for new dollars, it will only be felt in the central city where the fiscal crisis will be created. It's free money for the budget, raised by the political efforts of the central city and then spent by outlying municipalities and townships. Neither council, nor the mayor nor the township trustees have to raise a finger to raise this money. While these questions are important, many of our members, who would receive dollars under this proposal, raised for us additional questions about the wisdom of this proposal: * Doesn't this proposal, by reducing the revenue of the five largest generators of income tax revenue, penalize those communities for being successful at creating an attractive environment for jobs? * Doesn't this proposal, by reducing the revenue of the five largest job hubs in Ohio, reduce the ability of those cities to remain attractive for future job growth by reducing those cities' ability to pay for the services needed to stay attractive? * Why should municipal income tax dollars ever be given to townships, which have no income tax, as would be the case under this proposal? * If this is a good idea for municipal income taxes, why shouldn't this also be true for people who live in one school district and own property in another school district? Afterall, unlike with municipal services and the income tax, property tax payers paying school taxes in another district receive absolutely no services for the tax dollars they pay. The same is true if a person lives in one county and owns property in another, thus paying for mental health, public transportation and a number of other services which serve only residents of the county. County piggyback sales taxes also constitute taxes levied against non-residents of the county, who do not vote for that county's commissioners and who receive no services from the county when they shop in that county. Why aren't all of these taxes included in this bill? * Why is this sharing just imposed on those cities which collect over $100 million annually in income taxes? And if this bill is passed, what is to stop the General Assembly in the future from lowering that threshold to $1 million? Isn't that the logical conclusion to such legislation? If this proposal is fair, why is a lower threshold not fair and exactly what municipalities will face in the future? * Why should a community which, through their zoning, chose to be a "bedroom community" be sent tax money from a community which chose to make room in their community for job growth? Many of those commuter communities wouldn't exist or would be much smaller if the job hub community hadn't made the decisions they made and decided to pay the costs (e.g. traffic congestion and environmental problems) of managing job growth. * Why should the voters of those job hub communities, who voted for the current municipal income tax rate, have services that were promised during those elections, now have the rules of the game changed and those service promises broken by a severe cut in their community's revenues? We think all of these questions are important and will raise them during consideration of this bill. We know some of our members will support this bill. Their budgets are tight and they are looking for new revenues. Raising their income tax rate or reducing their credit may not be an option and this bill offers the hope of new revenues. However, as we point out above, there are a number of questions raised by this legislation that require careful consideration. OPFP Fine Relief Bill Out of Committee.This week the Senate Ways and Means Committee passed without dissent HB 244, which offers reductions and rebates for communities who were hit by inordinate fines for the late filing of reports and contributions to the Ohio Police and Fire Pension Fund. The bill, sponsored by Representative Niehaus and supported by both the League and the Pension Fund, gives communities until June of next year to come into compliance with the requirements of the Fund. The bill reduces past fines by 90% on forms violations and 50% on contribution violations if the city or village is in compliance with that deadline. The bill also sets up a more flexible and reasonable system of fines on these matters for the future. COMMITTEE MEETING SCHEDULE FOR WEEK OF OCTOBER 1, 2001 Senate Tuesday, October 2: WAYS & MEANS, After Session, South Hearing Rm., Chr. Blessing, Phone: 466-8068. HB 157 PENSION BENEFITS (Schuring) Provides that the annual cost of living increase paid to retired members and beneficiaries of Ohio's state retirement systems will be three per cent. (3rd Hearing - Proponent, opponent & interested party - Possible vote) HB 158 PERS LAW ENFORCEMENT BENEFIT (Schuring) Permits Public Employees Retirement System members with at least 25 years of law enforcement service credit to retire with full benefits at age 48, includes transit and highway patrol police officers as law enforcement officers for PERS purposes and makes other changes. (3rd Hearing - Proponent, opponent & interested party - Possible vote) House Tuesday, October 2: STATE GOVERNMENT, 4 p.m., Rm. 122, Chr. Young, Phone: 644-6074. SB 128 SMOKING RULES (Wachtmann) Requires that any orders or rules enacted by a board of health related to the sale or use of cigarettes or other tobacco products be adopted by the legislative authority of a municipal corporation or township before those orders or rules are effective. (1st Hearing - Sponsor) Wednesday, October 3: LOCAL GOVERNMENT & TOWNSHIPS, 10 a.m., Rm. 121, Chr. Roman, Phone: 466-1790. HB 329 LOCAL GOVERNMENT FUNDS (Blasdel) Allows local government funds under certain circumstances to be distributed among subdivisions under an alternative apportionment scheme. (2nd Hearing - Proponent) HB 365 GOVERNMENT FISCAL WATCH (Setzer) Authorizes the Auditor of State to declare a fiscal watch when the projected fiscal year-end deficit of a municipal corporation, county, or township exceeds one-twelfth of its general fund revenue from the preceding fiscal year. (1st Hearing - Sponsor) 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. (2nd Hearing- Sponsor - Substitute bill) |