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OML HOME Affiliates Classifieds Legislative News Bulletin Publications About OML

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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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No. 2 January 23, 2004

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

Revised Elections Bill Passes House.

The House passed HB 262 this week by a margin of 57-36. Under the provisions of the bill, as introduced, all political subdivisions, including municipalities, would have had to release all employees who wanted to work at polling places on Election Day with full pay. As revised, the version of the bill voted on by the House, public employees would still be allowed to work as election judges on Election Day. However, any leave for this work with pay for a municipal employee would be subject to the terms and conditions set forth in an ordinance passed by the legislative authority of that employee’s employer.

While the League opposed the original mandatory version of the bill, we became neutral once the sponsor and supporters of the bill agreed to this permissive language.

Oil and Gas Industry Hits Gusher in House.

Drilling for an end to all local regulation of the oil and gas industry, lobbyists for that special interest did well in the Ohio House with the passage of HB 278 by a vote of 59-35. Adding to their success was the tabling of an amendment to the bill that would have permanently banned the drilling for oil and gas under Lake Erie. Currently the industry is barred from drilling Lake Erie until 2006.

Under provisions of HB 278, the Ohio Department of Natural Resources would be the sole source of regulation of the oil and gas industry. Of course, the bill is, on its face, unconstitutional in that it ignores and attempts to erase the whole concept of concurrent police powers and the nature of a general law that are explicitly and essentially at the core of the Municipal Home Rule. The League will continue to oppose HB 278 on that basis.

Word has it that the House may still have the chance to ignore Municipal Home Rule twice in the same month through an amendment that is floating about that would declare that the state is the sole source of regulation for the salvage industry. With the passage of both of these measures, you may be able to look forward to both an oil well and a junkyard in your neighborhood very soon.

COMMITTEE SCHEDULE FOR THE WEEK OF JANUARY 26, 2004

TUESDAY, JANUARY 27

House Commerce & Labor, (Chr. Young, 644-6074), McKinley Rm. (formerly 121), 1:30 p.m.

HB 310 MANUFACTURED HOUSING (Raga) Establishes the Ohio Manufactured Homes Commission to regulate the installation of manufactured housing in Ohio. (4th Hearing - Proponent, opponent & interested party - Possible vote)

House State Government, (Chr. Carmichael, 466-1474), Taft Rm. (formerly 122), 3 p.m.

HB 164 ELECTION PETITIONS (Setzer) Permits the resigning of an election petition after the elector's signature is stricken and increases the number of signatures needed on a municipal referendum petition. (5th Hearing - Proponent, opponent & interested party)

WEDNESDAY, JANUARY 28

Senate Judiciary on Criminal Justice, (Chr. Austria, 466-3780), North Hearing Rm., 9 a.m.

HB 324 TRAFFIC LAW REVISIONS (Oelslager) Modifies and corrects errors in the Ohio Criminal Sentencing Commission's traffic law revisions and declares and emergency. (1st Hearing-Sponsor)

House Transportation & Public Safety, (Chr. Reinhard, 644-6265), McKinley Rm. (formerly 121), 4:30 p.m.

HB 230 Public Safety Department (Reinard) Revises and clarifies laws governing the Department of Public Safety, including the BMV and State Highway Patrol and makes changes and corrections to the BMC certificate of title law. (6th hearing - Proponent, opponent & interested party - Amendments - Possible Vote)

THURSDAY, JANUARY 29

House Ways & Means, (Chr. Kilbane, 466-0961), McKinley Rm. (formerly 121), 10 a.m.

HB 319 MUNICIPAL TAX ADMINISTRATORS (Raussen) Authorizes the Tax Commissioner to provide municipal income tax administrators with access to school district income tax records and returns. (2nd Hearing - Proponent)