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Ohio Municipal League
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OML LEGISLATIVE BULLETIN

No. 8 April 16, 2004

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

General Assembly Returns.

The General Assembly will return next week from their spring break. We have a number of bills of municipal interest that are up for hearings (see committee schedule).

We will be closely following a new effort in the House to forge some reform of business taxation in Ohio. On Wednesday, the House Ways and Means Committee will begin a push to examine ideas that were released last week by Ways and Means Chair Representative Sally Kilbane. While no bill text will be available for about two weeks, the ideas that will be discussed include:

Eliminate the corporate franchise (a factor in determining the Local Government Fund when on formula) and the tangible personal property tax.

Create a Business Activity Tax based on the sales, property and payroll of a company. This would go to make up for the revenue lost with the elimination of the two above-mentioned taxes.

Create a mechanism for holding harmless schools and local governments for the loss of revenue occurring with the elimination of the tangible person property tax. Schools would be held harmless for three years and then gradually absorb all loss of the tax over a twelve-year period. Local governments, including municipal governments, which receive revenue from the tax would have to absorb that loss over a ten-year period.

Eliminate the 10% property tax rollback paid by the state on business properties, in part, to help pay for the hold-harmless provisions related to the elimination of the tangible personal property tax.

What is not up for discussion at the moment are ideas floated in the House related to revising the state’s personal income tax, ideas which frankly took quite a beating in the press when first unveiled.

LEGISLATIVE COMMITTEES FOR THE WEEK OF APRIL 19, 2004

TUESDAY, APRIL 20

Senate Insurance, Commerce & Labor, (Chr. Nein, 466-8072), North Hearing Rm., 10 a.m.

SB 179 CONTRACTOR LICENSING (Nein) Provides for the licensure of backflow contractors and prefabricated fireplace contractors; changes the name of the Ohio Construction Industry Examining Board to the Ohio Construction Industry Licensing Board and makes other changes related to that board. (5th Hearing-Interested party - Substitute bill)

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

HB 164ELECTION 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. (6th Hearing-Proponent, opponent & interested party)

House Homeland Security, Engineering & Architectural Design, (Chr. Schaffer, 466-8100), B. Harrison Rm. (formerly 116), 4 p.m.

HB 386 UNIFORM BUILDING CODE (Kilbane) Specifies the building code adopted by the Board of Building Standards is a statewide uniform building code. (1st Hearing-Sponsor)

HB 396 CONSTRUCTION INDUSTRY LICENSING (McGregor) Changes the name of the Ohio Construction Industry Examining Board to the Ohio Construction Industry Licensing Board and makes other changes related to that Board. (2nd Hearing-Proponent & opponent)

WEDNESDAY, APRIL 21

House Ways & Means, (Chr. Kilbane, 466-0961), B. Harrison Rm. (formerly 116), 10 a.m.

HB 58 TAX REFORM DIRECTIVE (Kilbane) Directs the General Assembly in its deliberations regarding the enactment of reforms of the state's tax laws. (13th Hearing-Overview & proponent)

House County & Township Government, (Chr. Wolpert, 466-9690), McKinley Rm. (formerly 121), 10 a.m.

HB 411 LAND APPROPRIATIONS (Seitz) Allows a county, municipal corporation, conservancy district, sanitary district, county sewer district, or regional water and sewer district to appropriate land without a prior jury assessment for the construction of sewers when the Director of Environmental Protection or a local board of health finds that unsanitary conditions compel the immediate construction of sewers for the protection of the public health and welfare; revises the rulemaking authority of a board of county commissioners that adopts rules governing erosion control, sediment control, and water management; establishes a penalty for violation of those rules; authorizes a board of county commissioners that has established a county sewer district to adopt rules governing the prevention of sewer back-ups; and requires health district licensing councils to meet at least annually rather than quarterly. (2nd Hearing-Proponent)

Senate State & Local Government & Veterans Affairs, (Chr. Coughlin, 466-4823), South Hearing Rm., 2:30 p.m. or after session

HB 262 POLL WORKERS & OPTION ELECTIONS (Carmichael) Revises the Election Law by increasing the maximum poll worker pay, permitting employees of the state and of political subdivisions to work as judges of elections and receive poll worker pay in addition to their regular employment compensation, eliminating the required ballot language describing certain past local option elections when a local option election is held on sales of alcoholic beverages at a specific location, and makes other changes. (3rd Hearing - Proponent, opponent & interested party)

House Energy & Environment, (Chr. Hollister, 644-8728), Taft Rm. (formerly 122), 3:30 p.m.

HB 432 CONSTRUCTION DEBRIS FACILITIES (Webster) Replaces the construction and demolition debris facility license fee with a fee on the disposal of construction and demolition debris at construction and demolition debris facilities and solid waste facilities and revises the definition of "construction and demolition debris." (2nd Hearing - Proponent)

THURSDAY, APRIL 22

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

HB 58 TAX REFORM DIRECTIVE (Kilbane) Directs the General Assembly in its deliberations regarding the enactment of reforms of the state's tax laws. (14th Hearing-Proponent)