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Ohio Municipal League
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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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OHIO MUNICIPAL LEAGUE LEGISLATIVE BULLETIN

No. 9                                           March 8, 2002

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

League Testifies Against HB 303.
League staff testified this week in opposition to HB 303, a bill that would attempt to preempt all municipal ordinances which restrict the ownership, possession, sale, purchase and transportation of firearms, their components and ammunition. The bill also attempts to erase from Ohio any local zoning that prohibits the sale of firearms in any retail, commercial or industrial zone. HB 303 is currently being heard in the House Civil and Commercial Law Committee.

The League's testimony made it clear that our concern has little to do with firearms per se, but rather is opposition based on the clear attempt of the bill to unconstitutionally diminish the Home Rule powers of Ohio's cities and villages. John Gilchrist for the Ohio Association of Police Chiefs also testified in opposition on much the same grounds. The League's entire testimony is available on our website at omunileague.org.

Municipal Officials Oppose Anti-Residency Bill.
A number of municipal officials testified in the House Local Government and Townships Committee against HB 258, another bill which clearly treads on the Home Rule provisions of the Ohio Constitution. Under provisions of HB 258, no municipality would be allowed to impose any sort of residency requirement on municipal employees. Such residency requirements exist by ordinance, collective bargaining agreements and civil service rules in many cities and villages throughout Ohio. HB 258 attempts to overturn all of those locally adopted provisions or agreements.

In addition, in cities populated by over two million Ohioans extensive residency requirements for employees have been voted on and placed in those cities' charters. HB 258 would attempt to overturn those residency requirements and the vote of Ohioans who live in those cities. The passage of HB 258 would be the first time, since the people of Ohio adopted Home Rule in 1912, that the General Assembly would show such disregard for decisions made by Ohio voters.

We appreciate the testimony given by all those municipal officials who appeared before the House Committee this week. Full testimony from those witnesses who had written copies of their testimony is available on the League's website (omunileague.org), along with the League's original testimony in opposition to the bill.

Anti-Predatory Lending Ordinance Praised by Governor?
A week and a half ago Governor Taft signed HB 386, a bill which attempts to preempt the ability of municipal governments from regulating predatory lending in the absence of state regulation. Believing that the bill was unconstitutional and just another measure designed to diminish municipal Home Rule, the League asked the Governor to veto the bill. Many others on different grounds, also asked for the Governor's veto. The Governor signed it anyway.

Then the city of Cleveland's council, which had been working on a predatory lending ordinance for sometime and, apparently, also believing that HB 386 is unconstitutional, last week passed a predatory lending measure, which Mayor Jane Campbell intends to sign.

All made sense up to that point. The Governor exercised his powers, the Cleveland City council exercised theirs. But, then this week, on a trip to Cleveland, the Governor praised the Cleveland council for passing their predatory lending ordinance, an ordinance that Governor Taft said, through his signing of HB 386, Cleveland and every other municipality in Ohio shouldn't be allowed to do. "We hope to be able to learn from what the city's doing (on predatory lending)," he said, according to the Associated Press. Doing? What the city is "doing" is exactly what HB 386 told them they couldn't do.

We're confused.

Don't Forget the Annual Legislative Luncheon!
If you haven't already, we hope you can sign up for and join us for the OML's Legislative Luncheon at the Statehouse. The event begins at 11:30 a.m. on March 20. A registration form is enclosed.

A Little Cooperation, Please.
The Department of Justice called this week (sure, it happens all the time) to express some interest in road salt pricing in Ohio. They thought they might want to talk to some of our members about their experience this year on that subject. We, of course, gave them the names of Ohio's mayors, which is what they wanted from us. So, if you hear from DOJ, we hope and are sure you'll be glad to talk to them about this matter, especially if your municipality is north of I-70.

COMMITTEE SCHEDULE FOR WEEK OF MARCH 11, 2002

TUESDAY, MARCH 12

HOUSE STATE GOVERNMENT, 4 p.m, Rm 122, Chr. Young, Phone: 644-6074.

HB 518 COUNTY LODGING TAX (Schmidt) Authorizes board of county commissioners of certain counties to levy an additional excise tax on lodging. (3rd Hearing - Proponent, opponent & interested party - Possible Vote)

HOUSE CRIMINAL JUSTICE, 2 p.m., Rm. 114, Chr. Womer Benjamin, Phone: 466-2004.

SB 208 FIELD SOBRIETY TESTS (Coughlin) Relative to the use, in an OMVI or OMVUAC prosecution, of the results of field sobriety tests. (1st Hearing - Sponsor)

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 - Amendments - Possible vote)

WEDNESDAY, MARCH 13
HOUSE CIVIL & COMMERCIAL LAW, 9:30 a.m., Rm. 114, Chr. Willamowski, Phone: 466-9624.

SB 120 CIVIL LIABILITY (Johnson) Modifies the law regarding the apportionment of liability in specified civil actions. (5th Hearing - Proponent, opponent & interested party - Amendments - Possible vote)

SENATE STATE & LOCAL GOVT. & VETERAN’S AFFAIRS, After 1:30 p.m. session, South Hearing Rm., Chr. Coughlin, Phone: 466-4823.

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 and makes other changes. (1st Hearing – Sponsor)