Ohio Municipal League
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Columbus, Ohio 43215

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John Mahoney
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OML E- BULLETIN
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The General Assembly returns this week and is scheduled to be in session through the middle of June. At the top of the agenda will be SB 261. Included in that bill are proposals, including a 50- cent increase in the cigarette tax, to fill the estimated $1.25 billion budget hole in the remaining 13 months of the state's biennial budget. Additional cuts in the state agency budgets and use of the state's rainy day fund fill out the SB 261 budget solution, which was framed by legislative leaders and the Governor.

In an effort to make the package of budget cuts and a tax increase more attractive, an effort is underway to include in the package a discount prescription drug program for the elderly.

The Chairman of the Senate Finance Committee, Senator James Carnes, has said he would like the budget package to be voted out of the committee by Wednesday of next week.

The League, the Ohio Municipal Electric Association and other municipal representatives continue to negotiate with representatives of the utility industry over the Right-of-Way issues raised in SB 255 and SB 257. Because of that ongoing negotiation and possible progress on the issues involved, the hearing and possible vote scheduled for HB 255 is not expected to occur next week, even though it is formally on the schedule.

In another victory for Municipal Home Rule, the Ohio Supreme Court upheld by a 6-1 margin a Canton ordinance that barred manufactured homes from that city. The decision (Canton v. State of Ohio) struck down, as unconstitutional, provisions of a building standards state statute regulating manufactured homes. In its decision, the court said that the statute, which attempted to ban ordinances such as Canton's by state fiat, failed the traditional four-prong test of a general law on all counts.

That test recognizes a general law as one which: Set forth a statewide and comprehensive legislative enactment, applies across the state uniformly, sets forth regulations rather than just a limitation on municipal powers, and prescribes a rule of conduct upon citizens generally.

In the case, the League filed an amicus brief on behalf of the City of Canton.

For those receiving the Bulletin by FAX this week, we have, due to space limitations, posted the House and Senate Committee schedule of bills of municipal interest on the League's website (www.omunileague.org).

SENATE WAYS & MEANS, After Session, South Hearing Rm., Chr. Blessing, Phone: 466-8068.

SB 255 RIGHTS-OF-WAY (Blessing) Re-enacts certain provisions of the utility and cable public right-of-way law as enacted by Am.Sub.HB283 of the 123^rd General Assembly and makes other changes. (3^rd Hearing - Accept substitute bill - Proponent, opponent & interested party - Possible vote) DO TO CONTINUING NEGOTIATIONS THIS BILL IN ALL PROBABILITY WILL NOT BE HEARD, CALL THE OML OFFICE FOR UPDATE IF NEEDED.

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

SB 123 TRAFFIC LAWS (Oelslager) Adopts, effective January 1, 2003, the Ohio Criminal Sentencing Commission’s Traffic Proposals, with modifications, and related changes in the traffic laws and makes an appropriation. (4^th Hearing - Proponent & opponent)

SB 208 FIELD SOBRIETY TESTS (Coughlin) Relative to the use, in an OMVI or OMVUAC prosecution, of the results of field sobriety tests. (3^rd Hearing - Proponent & opponent)

HOUSE TRANSPORTATION & PUBLIC SAFETY, 3 p.m., Rm. 116, Chr. Damschroder, Phone: 466-1374.

HB 562 PARKING VIOLATIONS (Williams) Permits a local authority to consider for purposes of the Local Noncriminal Parking Law a fine of up to $500 for a violation of an ordinance, resolution, or regulation that regulates the standing or parking of a vehicle in a disability parking space and provides that if a person fails to pay a fine for such a violation and the fine exceeds $100 that person may not be permitted to register a motor vehicle in that person’s name. (1^st Hearing - Sponsor)

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

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. (4^th Hearing - Proponent, opponent & interested party)

MOTOR VEHICLE FUEL TAX TASK FORCE, 10 a.m., Rm. 018, Chrs. Oelslager (466-0626) & Buehrer (644-5091). Public testimony.