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Ohio Municipal League
175 South Third Street
Suite 510
Columbus, Ohio 43215


614-221-4349 Office
614-221-4390 Fax

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Legislative Inquiries
John Mahoney
General Inquiries
info@omunileague.org

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OML E- BULLETIN
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No. 17                                                                                    May 31, 2002

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

Budget Bill Passes.

On Thursday of this week, the General Assembly wrapped up its consideration of SB 261, the latest in the state's efforts to fill the budget holes that keep cropping up in the state's biennial budget. By a 18-15 vote, the Senate concurred in the changes made by the House. The vote in the House was 51-43. In both houses, Democrats voted unanimously against the bill and they were joined by a few conservative Republicans.

The $1.77 billion package includes a 31 cent increase in the per pack cigarette tax, cuts in state agency funding which are to made by the Governor, use of $600 million from the state's "Rainy Day Fund," a loan from the state tobacco settlement of $345 million and increased business taxes totally $283 million.

A House amendment, pushed by Representative Kerry Metzger and supported by many others in the House, including Speaker Larry Householder, protects local government and library funds from cuts by the administration and no legislative cuts to those funds were included in the SB 261. Not only did the Senate accede to that amendment, but the Governor has also agreed not to veto that protection. We very much appreciate and applaud the effort to save local government funds from further cuts. While local government funds cuts may look attractive to some in this very tight budget situation, we thank those who have stood up for the needs of local governments in SB 261. We know that with options for cutting limited, the aversion to raising taxes quite high and the budget numbers very tough, we understand the depth of the commitment it takes, in these times, to put forth an effort to continue a realistic base of support for local governments and libraries. To Representative Metzger, Speaker Householder and the many others who supported this effort, we say "Thanks on a job well done."

With the budget efforts now out of the way, the General Assembly will now break for a couple of weeks, with both bodies scheduled for one-day "clean up" sessions in the middle of June. Barring some change in that expected schedule, the Bulletin will not be published next Friday.

"Sponsor" Hearing in House on Right-Of-Way Bill.

Despite earlier reports, the House Public Utilities Committee decided to hold a quick "sponsor-only" hearing on Thursday of this week for SB 255, the Right-Of-Way legislation which passed the Senate last week. Earlier reports had that hearing occurring on June 19, when the House returns for its one-day "clean up" session. The bill is now expected to receive at least one more hearing on June 18.

The bill as it is written now needs a couple of clarifying amendments from our view. Most of those we believe can be agreed to by the utility and cable interests, but we'll see. Between now and the 18th, the League, OMEA and other municipal representatives will continue to meet with House and Senate leaders involved with this bill, as well as with utility and cable interests to see what can be worked out.

While the League's preference would be not to have a bill at all, that is not in the cards. So, we will continue to work toward a bill that we believe is constitutional and protects municipal rights to manage and regulate their Right-Of-Ways and impose reasonable fees to offset the costs of that management and regulation.

Township Bill Introduced.

Recently, HB 515 was introduced in the House by Representative Jean Schmidt. The bill makes some changes in law related to urban and limited home rule townships. While the League has no interest in most of the provisions of the bill, there is one provision that does cause us a bit of concern.

That provision would move urban townships, those with 15,000 population or more, into the same workers' compensation classification as municipalities. Since there is a village classification and a city classification for workers' compensation, we are not sure which classification is intended. However, no matter which, we are concerned that such a shift not bring with it an increase in rates for either our city or village members. We will follow this bill closely to make sure that such an increase does not occur.

"It" Legislation Passes Senate

SB 231 passed out of the Senate this week. The bill would give access to Ohio's streets, sidewalks and path ways to those two-wheel computerized, $3,000 to $8,000 scooters, called the "It" or Segway or, in statute, the electric personal assistive mobility device. A companion bill in the House got hung up a bit in House Rules, so we'll just have to see what happens to the bill once it reaches the House.

Under provisions of the bill, though these devices would be allowed in Ohio, local authorities, including municipalities, would be permitted to "regulate or prohibit" these devices from use on the municipalities streets, sidewalks and paths. We will continue to work with the supporters of this bill to make sure that language stays in the bill.

"Noise Ordinance" Tossed in Conference Committee

Efforts to eliminate a pact on noise ordinance enforcement between the cities of Columbus and Westerville through a rider to SB 187 came up short this week. The language was deleted from SB 187 in a conference committee of the House and Senate.

HOUSE COMMITTEE MEETING SCHEDULE FOR WEEK OF JUNE 3, 2002

Tuesday, June 4

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. (4th Hearing - Proponent, opponent & interested party - Amendments - Possible vote)

HB 490 MISDEMEANOR SENTENCING (Latta) Implements recommendations of the Criminal Sentencing Commission pertaining to misdemeanor sentencing generally and makes other changes in the criminal law. (5th Hearing - Proponent, opponent & interested party - Amendments - Possible vote)