|
|
Ohio Municipal League email:
Also please include a phone number and/or address for instances when we need
further contact with you. Please type
“OML Inquiry” in subject line so that we can identify e-mails picked up as spam. |
No. 4 February 1, 2002 PLEASE CIRCULATE THIS BULLETIN TO YOUR COUNCIL, DEPARTMENT HEADS & STAFF Mark your calendar for the OML Legislative Luncheon on March 20th at the Statehouse, details will follow. Predatory Lending Bill May Still Be On Fast-Track. In doubt about having the number of votes needed to get the predatory lending bill (HB 386) out of the Senate Finance Committee this week, the panel held off action on the bill this week. However, the committee is scheduled to meet at 9:00 a.m. on Tuesday (see committee schedule) to try to push the bill through again. If the majority can come up with amendments that will get the bill out of committee, it is expected the bill would then move quickly to the Senate floor for a vote. The League has sent a letter to all members of the Senate expressing our deep concern about this bill and its disregard for the Home Rule provisions of the Ohio Constitution. First, the bill purports to "preempt" any and all municipal regulations regarding lending, even if such regulations do not conflict with state law or address matters which are not regulated by state law. Secondly, the bill contains a provision which bars a municipality from disqualifying anyone from doing business with the city of village on the basis of that person's or its affiliates or subsidiaries activities in relation to originating, granting, servicing or collecting loans or other forms of credit. This provisions is a serious and overly broad attempt to restrict the substantive powers of local self-government, a power that is guaranteed to all cities and villages under the Home Rule provisions of the Ohio Constitution. Article XVIII, Section 2 of the Ohio Constitution's grant of substantive powers of local self-government would be infringed upon by these provisions which attempt to say a municipality may not decide with whom they will engage in business transactions. The entire text of our letter is available on our website (omunileague.org). We urge you to call or write your member(s) of the General Assembly today to urge them to vote against HB 386. We also strongly encourage and ask you to write or call Governor Taft asking that he veto this legislation if a final version of the bill shows up on his desk with these anti-Home Rule provisions intact. Beyond the important social concerns that have been raised about the issue of predatory lending by many groups, there are important infringements upon Home Rule contained in this bill. We hope you will let your legislators and the Governor know about your opposition to such infringements. Sovereign Immunity Bill Supported. The League testified before the House Townships and Local Government Committee this week in favor of SB 106, which restores important parts of the sovereign immunity law which were made murky by a Supreme Court decision overturning HB 350, a tort reform bill. That testimony is available on our website (omunileague.org). Gun Law "Preemption" Bill Heard. HB 303 was given a first hearing this week in the House Civil and Commercial Law Committee. Under provisions of that bill, "any person may own, possess, purchase, otherwise acquire, transport, carry, sell, or otherwise transfer a firearm, firearm component, or ammunition for a firearm." The bill then goes on to say that this bill and any other section of the Revised Code related to firearms are the general laws of the state and supersede and preempt all local laws related to firearms on these matters. The bill also says that no local zoning regulations can prohibit the sale of firearms, components or ammunition in areas zoned commercial, retail or industrial use. HB 303 is not scheduled for a hearing this week. E - Bulletin Still Available. Thanks to all who have decided to get their Bulletin by e-mail. If you want to join this very chic crowd, just send us your e-mail address, your name and your municipality to omunileague2@copper.net. COMMITTEE SCHEDULE FOR WEEK OF FEBRUARY 4, 2002 TUESDAY, FEBRUARY 5 SENATE FINANCE & FINANCIAL INSTITUTIONS, 9 a.m., Finance Hearing Rm., Chr. Carnes, Phone: 466-8076. HB 386 FINANCIAL SERVICE REGULATION (Blasdel) States the intent of the General Assembly on the relationship of state and local laws regarding the regulation of loans and other forms of credit. (4th Hearing - Amendments & Possible vote) SENATE WAYS & MEANS, After 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. (3rd Hearing - Proponent, opponent & interested party - Possible vote) HOUSE COMMERCE & LABOR, 1:30 p.m., Rm 121. Chr. Williams, Phone: 644-5085 HB 403 UNIFORM BUILDING CODE (Kilbane) Established a statewide uniform building code and two advisory committees to assist the Board of Building Standards in developing and interpreting the Ohio building code. (4th hearing - opponent) HOUSE CRIMINAL JUSTICE, 2 p.m., Rm. 114, Chr. Womer Benjamin, Phone: 466-2004. 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. (1st Hearing - Sponsor) HOUSE STATE GOVERNMENT, 4 p.m., Rm. 122, Chr. Young, Phone: 644-6074. SB 156 SUNDAY LIQUOR SALES (Mumper) Authorizes certain Sunday liquor sales to begin at 11 a.m. even if these sales previously were approved by the voters to commence at 1 p.m. and changes from 1 p.m. to 11 a.m. the time at which Sunday liquor sales may start as specified in certain local option questions submitted to the voters. (1st Hearing - Sponsor) HB 482 ELECTRONIC GOVERNMENT (Buehrer) Adopts the "Electronic Government Services Act" to prohibit a government agency from providing duplicative or competing electronic commerce services with the private sector unless the government agency complies with procedures established by the act. (2nd Hearing - Proponent) HB 468 PUBLIC RECORD EXEMPTION (Trakas) Exempts private single-family dwelling architectural plans in the possession of a public agency from disclosure as a public record with exceptions. (3rd Hearing - Proponent, opponent & interested party 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. (4th Hearing - Proponent, opponent & interested party - Possible vote) WEDNESDAY, FEBRUARY 6 SENATE JUDICIARY ON CRIMINAL JUSTICE, 9 a.m., North Hearing Rm., Chr. Oelslager, Phone: 466-0626. SB 208 FIELD SOBRIETY TESTS (Coughlin) Relative to the use, in an OMVI or OMVUAC prosecution, of the results of field sobriety tests. (5th Hearing - Proponent, opponent & interested party - Possible Vote |