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No. 1 January 11, 2002 PLEASE CIRCULATE THIS BULLETIN TO YOUR COUNCIL, DEPARTMENT HEADS & STAFF Get Your Bulletin on Friday! Many of our Bulletin readers tell they are often quite stressed out over the weekend worrying about what the General Assembly is going to do to Ohio's cities and villages the following week. If only they knew on Friday what was going to happen in Columbus the next week, they could enjoy their weekends in that care-free way they remember from their childhood, they say. And we, of course, tell them to just send us their e-mail address and we'll send them the Bulletin every Friday just to make their weekends fun again. It's easy (just e-mail your address to omunileague2@copper.net). It's simple (we send it to you by noon or so on Friday attached in word and word perfect). It saves the League money (no postage). It may get you a little more information (we sometimes use our Bulletin e-mail list to gather and share information with our subscribers on various municipal issues). It allows for more officials in your city or village to get the Bulletin (no postage/no limits). C'mon, make your weekends fun again. Order your e-mail subscription to the Bulletin today! General Assembly Back in Full Swing. The General Assembly returned this week for its first full sessions of the New Year. This year's run of session weeks is scheduled to last into the month of June, though budget numbers, the date of the primary, school funding and any number of other things could change that plan. The political color for this week was provided by the wrangling over congressional redistricting. The majority Republicans hope to have a map ready and in the form of legislation very soon. The problem with that is, without votes from the minority Democrats, the bill can't be passed as an emergency measure, which would make it a bill effective ninety days after the Governor's signature. And that is too late for a February filing date and a May primary. A leader in the House proposed that the problem be solved with two primaries, one in May for every office except Congress and one in August for Congressional seats. As we all know, some trial balloons float better than others and this one needed absolutely no string to keep it on the ground. Instead leaders of both parties talked to see if Democrat votes could be provided for an emergency measure, even though, with Republicans in the majority, the bill will eliminate one Democratic district from Ohio as our delegation is reduced from 19 to 18 seats. Talks will continue this coming week. Predatory Lending Bill Heard In other news, HB 386, a bill which says municipalities should never be allowed to pass an ordinance protecting their residents from any kind of loan vulture, was heard in the Senate Finance Committee this week. Under HB 386, the state would assert itself as the sole regulator of all stripes of consumer finance and assert that, whether the state does its job of regulating or not, no local government can fill in what that local government thinks are gaps in that regulation. Though the League and most folks would agree that having uniform state regulation of the finance industry is the better approach, when the state refuses to do that regulation, municipalities have the ability, through Home Rule, to provide consumer protection for their residents. This bill came about simply because one city (Dayton) exercised that right. Though the League's concern over this bill is the clear intent of the bill to thwart Home Rule by legislative fiat, other groups are also opposing the bill because they feel the need for additional consumer protection in the consumer finance area is needed. AARP and a group of anti-poverty advocates held a press conference this week to criticize HB 386 and call for stronger consumer protection in the loan industry. HB 386 will be up for a proponent hearing this week in the Senate Finance Committee. Sunday Sales Bill Passes Senate. SB 156, which would allow restaurants and taverns in certain precincts to sell liquor at 11 a.m. (instead of the current 1 p.m.), passed the Ohio Senate this week. The bill was defended as one that would put bars and restaurants on the same liquor schedule as allowed for sports stadiums. Critics of the bill said this legislation changes what has been voted upon locally. Anti-Terrorist Legislation Heard. SB 184, which creates a number of offenses related to terrorism, was heard this week in the Senate Judiciary Committee on Criminal Justice. The League is working with the sponsor (Spada), the Ohio Newspaper Association and other groups to include in this bill an amendment on local security. Under the amendment, specified kinds of discussion related to security could be done in executive session, in the same manner as other executive discussions are held under the Sunshine Law, and certain records related to security would be exempt from the Open Records Law. While the need for such exceptions became clear after September 11, making adjustments to either the Open Records or Open Meeting Law is always a delicate matter and must be done with as much support as possible. We will keep you informed on this issue as language for this adjustment becomes more clear. New Members Picked; One Member Departs. This week, Toledo City Councilmember Edna Brown became State Representative Edna Brown. She replaces Jack Ford, who left the General Assembly to take over the reins as Toledo's new mayor. And former State Representative Tom Roberts returned to the legislature this week to join the Ohio Senate as the replacement for Rhine McLin. Rhine is the new Mayor of Dayton. And Representative John Barnes has left the Statehouse to join Mayor Jane Campbell's Cabinet in Cleveland. Best of luck to all! COMMITTEE SCHEDULE FOR WEEK OF JANUARY 14, 2002 TUESDAY, JANUARY 15 SENATE WAYS & MEANS, After 1:30 p.m. session, South Hearing Rm., Chr. Blessing, Phone: 466-8068. HB 129 COUNTY TAX BUDGET (Webster) Permits a county budget commission to waive the requirement that a taxing authority adopt a tax budget for a subdivision or taxing unit. (1st Hearing - Sponsor) SB 197 MILITARY PERSONNEL TAX PAYMENTS (Herington) Extends the time within which members of the National Guard and reserve components of the Armed Forces of the United States who have been called to active or other duty under Operation Enduring Freedom, Operation Noble Eagle, or the Governor =s directive of September 28, 2001, must pay real property and manufactured home taxes and declares an emergency. (1st Hearing - Sponsor)HB 301 ESTATE TAX INTEREST (Hoops) Prohibits the charging of interest on recoupments of erroneously distributed estate tax revenue and provides, until Jan. 1, 2001, a procedure for converting certain municipal permanent improvement property tax levies to five-year term levies, subject to voter approval. (2nd Hearing - Proponent, opponent & interested party - Possible vote) HOUSE STATE GOVERNMENT, 4 p.m., Rm. 122, Chr. Young, Phone: 644-6074. HB 413 PUBLIC RECORDS EXEMPTION (Fessler) Exempts from the Public Records Law specified residential and familial information of a member of a fire department. (2nd Hearing - Proponent) HB 426 EMINENT DOMAIN (Young) Requires acquiring state agencies to make every reasonable effort to provide a copy of the appraisal to the owner of real property appraised at more than $10,000, requires those agencies to update or obtain new appraisals under certain circumstances, and specifies that their acquisition of property must be for a clearly defined public purposes that is to be achieved in a defined and reasonable period of time. (2nd Hearing - Proponent) HB 330 LIQUOR PERMITS (Peterson) Allows the Division of Liquor Control to base the population quota restrictions for agency stores that sell spirituous liquor on the Division =s behalf on state population estimates determined by the Department of Development between federal decennial censuses; changes these population quota restrictions and the compensation paid to operators of agency stores; allows the Division to enter into additional contracts for agency stores with certain class C permit holders notwithstanding these population quota or other restrictions and eliminates the restriction against the same person operating or have an interest in more than eight agency stores in the state or more than four agency stores in the same county. (4th Hearing - Proponent & opponent - Possible vote)WEDNESDAY, JANUARY 16 SENATE JUDICIARY ON CRIMINAL JUSTICE, 9 a.m., North Hearing Rm., Chr. Oelslager, Phone: 466-0626. SB 184 TERRORISM (Spada) Creates the offenses of terrorism; soliciting or providing support for an act of terrorism, soliciting of providing support for an act of terrorism; making a terroristic threat and hindering prosecution of terrorism and declares an emergency. (5th Hearing - Proponent, opponent & interested party) HOUSE LOCAL GOVERNMENT & TOWNSHIPS, 10 a.m., Rm. 121, Chr. Roman, Phone: 466-1790. SB 106 SCHOOL SOVEREIGN IMMUNITY (Hottinger) Includes as a governmental function under the Political Subdivision Sovereign Immunity Law the design, construction, reconstruction, renovation, repair, maintenance, and operation of any school athletic facility, school auditorium, or gymnasium and the designation, establishment, design, construction, implementation, operation, repair, or maintenance of railroad quiet zones; expands the motor vehicle operation liability of political subdivisions to include liability for harm caused by negligent operation other that upon public roads; limits a political subdivision =s obligation to defend an employee to acts or omissions that occur while the employee is both acting in good faith and not manifestly outside the scope of employment or official responsibilities; makes changes proposed by Am.Sub.HB350 of the 121st General Assembly to the Political Subdivision Sovereign Immunity Law and amends sections 2744.01 sand 2744.03 of the Revised Code as scheduled to take effect on Jan. 1, 2002, to continue the amendments of this act on and after that date. (1st Hearing - Sponsor)HB 454 LOCAL GOVERNMENT SPENDING (Coates) Raises the threshold amount below which the fiscal officer of a political subdivisions can approve expenditures made without a certificate of available funds. (1st Hearing - Sponsor) HOUSE RETIREMENT & AGING, 10:30 a.m., Rm. 122, Chr. Schuring, Phone: 752-2438. SB 134 OPF RETIREMENT (Blessing) Provides for the establishment of the Ohio Police and Fire Pension Fund deferred retirement option plan.(1st Hearing - Sponsor) SENATE STATE & LOCAL GOVT. & VETERAN =S AFFAIRS, 3 p.m., South Hearing Rm., Chr. Coughlin, Phone: 466-4823.SB 198 HOUSING AUTHORITIES (Coughlin) Changes the composition of certain metropolitan housing authorities. (1st Hearing - Sponsor & proponent) HB 329 LOCAL GOVERNMENT FUNDS (Blasdel) Allows local government funds under certain circumstances to be distributed among subdivisions under an alternative apportionment scheme without the approval of the largest municipal corporation in the county. (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. (2nd Hearing - Proponent & opponent) THURSDAY, JANUARY 17 HOUSE ENERGY & ENVIRONMENT, 9:30 a.m., Rm. 114, Chr. Hollister, Phone: 644-8728. HB 459 WASTE COMMISSION (Schuring) Creates the Solid Waste and Construction and Demolition Debris Commission for the purpose of evaluating various aspects of the solid waste and construction and demolition debris laws. (1st Hearing - Sponsor) SB 105 ENVIRONMENTAL CIVIL ACTIONS (Hottinger) Establishes a five-year statute of limitations for actions or administrative penalties brought under certain environmental laws. (1st Hearing - Sponsor) BUREAU OF WORKERS COMPENSATION - PUBLIC EMPLOYER SAFETY SUMMITS IT=S IMPORTANT THAT YOU ATTEND Due to an increase in the number of claims and expected claims= costs, BWC will need to increase workers= compensation premiums for public employer taxing districts, on average, 6.4 percent for the coming year. The first bill reflecting this increase will arrive in January 2003. However in an effort to assist cities and villages (and other local governments), the Ohio Bureau of Workers= Compensation will be holding public employer regional summits in January and February. The summits are designed to increase your municipalities safety awareness and assist in reducing workers= compensation expenses. By attending the summit your city or village will receive a one-time,
25% refund from BWC on the premiums that you will pay for the 2001 rate year in 2002. It
is important to remember that the representative from your municipality must be a Aqualified@
person or someone of decision-making ability. Examples of a Aqualified@
person are: Mayor/Manager, Council Member, Finance Director/Clerk-Treasurer, or Auditor.
Make Up Dates: February 23 and March 9 You can register for your regional summit either by calling the BWC at 1-800-OHIOBWC or visit their website at www.ohiobwc.com These sessions are free and lunch is provided. THE OML BOARD OF TRUSTEES AND STAFF URGE YOU TO TAKE ADVANTAGE OF THIS OPPORTUNITY TO 1) LEARN MORE ABOUT THE IMPORTANCE OF EMPLOYEE SAFETY PROGRAMS AND 2) RECEIVE THE 25% REFUND ON YOUR WORKERS= COMPENSATION PREMIUM. |