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Ohio Municipal League
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OML LEGISLATIVE BULLETIN

No. 10                                                    April 30, 2004

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

A Version of Public Pension Reform Passes in Senate.

The Senate passed its own version of public pension reform this week. It did so by substituting its version of what that reform ought to look like into a bill (HB 133), which at the time contained the House's version of what reform ought to look like. Needless to say, the two versions do not look alike. This week, with the House back in session, that body is most likely to refuse to concur in the Senate's version of reform and call for a conference committee. The biggest sticking point on this measure is the House insistence that pension fund investment favor Ohio investment traders. The Senate, so far, has opposed that preference for Ohio traders.

A Jobs  Bill Passes Senate; Reports of House Amendment Afloat.

The Ohio Senate this week passed SB 206; while the House Finance Committee passed out its own version of the same measure. The Senate bill is of interest because of some fairly technical Tax Increment Finance and Community Reinvestment amendments which were added to the measure and would be helpful to a number of our members. The House version includes, so far, only part of those changes.

Though by tradition, SB 206 would be the vehicle for these legislative changes as the first of the versions to clear one chamber. However, there is evidently some discussion within leadership over whether SB 206 or HB 427 will be the vehicle for these changes. More importantly, we have reports that an amendment is floating about the House that would expand county involvement in municipal TIF projects by giving the counties a veto over such projects similar to the limited veto now enjoyed by schools on such projects. Obviously, we will oppose such a change in the TIF program. Just last year, the General Assembly reduced the involvement of counties in TIF's for many municipalities outside of metropolitan areas. If TIF's are helpful in creating jobs in a time in which we very much need new jobs in Ohio, we certainly do not need to move backward on this issue. We will keep you informed on this very important issue.

Oil and Gas Bill Veto.

We urge everyone to join with us as we ask Governor Taft to veto HB 278, which would attempt to preempt all municipal regulation of oil and gas wells. This bill is simply another example of a single special interest asking the state to trample on Home Rule and help them escape all that messy public discussion that is an integral part of democracy. HB 278 is a bad bill and we have urged the Governor to veto it.

Even Auctioneers Don't Like Home Rule.

Though part of the law says they already are exempt from local regulation, SB 209, which proposes changes in the state auctioneers'law, includes language which would go ever farther. Under provisions of that bill, not only does the state attempt to preempt municipal ordinances, but it also declares a new state power to render all ordinances that affect auctioneers or auctions, directly or indirectly, void. SB 209 is up for a hearing and possible vote in the Senate Agriculture committee this week.

While we doubt that the regulation of auctioneers is at the top of anyone's list, we will continue to try to get that language removed from this bill.

LEGISLATIVE COMMITTEES FOR THE WEEK OF MAY 3, 2004

TUESDAY MAY 4

Senate Energy, Natural Resources & Environment, South Hearing Rm., 10am

SB 201 DEMOLITION DEBRIS FACILITIES (Schuring)Replaces the construction and demolition debris facilities license fee with a fee on the disposal of construction and demolition debris at construction and demolition debris facilities and solid waste facilities. (2nd Hearing - Proponent)

Senate Highways & Transportation, (Chr. Armbruster, 644-7613), North Hearing Rm., 2:30 p.m. or after session

HB 247 RAILROAD QUIET ZONES (Patton, T.) Authorizes the establishment of railroad quiet zones by municipal corporations and townships. (4th Hearing - Proponent, opponent & interested party - Amendments B Possible vote)

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 461 HOME IMPROVEMENTS (Trakas) Adopts the Home Improvement Contractor Law, establishes the Home Improvement Contractor Registration Board in the Department of Commerce establishes civil and criminal penalties for violation of the law and grants the attorney general enforcement powers. (1st Hearing - Sponsor)

HB 465 RESIDENTIAL ROOFER LICENSING (Wolpert) Licenses residential roofers and siders with the Ohio Construction Industry Examining Board and prohibits residential roofers and siders from acting as public insurance adjusters or negotiating claims for and insured. (1st Hearing - Sponsor)

House Transportation & Public Safety, (Chr. Reinhard, 644-6265), Garfield Rm. (formerly 115), 4:30 p.m.

SB 108 RAILROAD QUIET ZONES (Spada) Authorizes the establishment of demonstration railroad quiet zones in specified Ohio cities. (1st Hearing - Sponsor)

House Ways & Means, (Chr. Kilbane, 466-0961), Rm. 313, 4:30 p.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. (15th Hearing - Proponent)

Wednesday, May 5

House Civil & Commercial Law, (Chr. Seitz, 466-8258), Hayes Rm. (formerly 114), 9:30 a.m.

HB 428 ADULT ENTERTAINMENT REGULATION (Reidelbach) Generally regulates adult entertainment establishments; permits townships to regulate the location and operation of those establishments; creates an expedited appeal from orders, adjudications, or decisions denying an application for, or suspending or revoking, a license or permit to locate or operate such an establishment; creates an expedited appear in any case in which a court determines there is a threat of restraint of protected expression, and; creates the offense of permitting unlawful operation of viewing booths depicting sexual conduct. (3rd Hearing - Proponent, opponent & interested party - Substitute bill)

Senate Agriculture, (Chr. Mumper, 466-8049), Grant Rm. (formerly 110), 9:30 a.m.

SB 209 AUCTIONEERS LAW (Mumper) Revises the Auctioneers Law. (4th Hearing - Proponent, opponent & interested party - Possible vote)

House Ways & Means, (Chr. Kilbane, 466-0961), Rm. 313, 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. (16th Hearing - Proponent)

HB 458 MOTOR FUEL TAX DELAY (Grendell) Delays for one year the increase in the motor fuel tax that is scheduled to begin taking effect in fiscal year 2005, authorizes county auditors to establish a motor fuel quality testing program, and creates the Gasoline Practices Oversight Commission for the period ending December 31, 2005. (1st Hearing - Sponsor)

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." (5th Hearing - Proponent, opponent & interested party - Possible vote)

Thursday, May 6

House Banking, Pensions & Securities, (Chr. Blasdel, 466-8022), Rm. 018, 10:30 a.m.

HB 449 RETIREMENT SYSTEM REFUND (Seitz) Allows a retirant re-employed in a position covered by the Public Employees Retirement System to receive a refund of the retirant's contributions in lieu of a benefit for the period of re-employment. (2nd Hearing - Proponent)