No. 14 November 15, 2004

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

The Lame Duck Session Begins.

The first week of the General Assembly’s “lame duck” session occurred rather quietly, except for some of the wrangling that went on in the Senate Majority Caucus as that group tried to put together their leadership team for the new session, which begins in January. The discussion of new leaders in the Senate surrounded the positions below the Senate Presidency. As expected Senator, Bill Harris was elected to be the new President of the Senate. He will succeed Senator Doug White, who will be retiring due to term limits.

In the House, as expected, Representative Jon Husted was elected to be the new Speaker of the House. He succeeds Representative Larry Householder, who is leaving the House because of term limits. Householder was elected in November as the new Auditor of Perry County.

Though the most anticipated for the session, the capital-spending bill, as yet to be introduced, we will be watching that bill closely for all of those little over-achieving amendments that couldn’t become laws as separate bills, but don’t mind becoming laws as amendments to an unrelated bill. The capital-spending bill has been and always will be a vehicle for such amendments.

Residential Building Code Bill to Be Heard Again.

HB 175, which is a bill that would establish a statewide residential building code for Ohio, will be heard for a second time in the Senate State and Local Government and Veterans Affairs Committee this week. It is listed for a possible vote. Under provisions of the bill, a committee would be established for the creation of a statewide uniform building code for one-, two- and three-family homes, something Ohio has never had.

The code created by the committee would have to be approved by the State Board of Building Standards.

Under provisions of the bill, local authorities could diverge from the code, if that variation did not “conflict” with the state code. However, unlike with the conflict clause arbitrated by the courts under municipal Home Rule, the bill would authorize the State Board of Building Standards to decide what is in conflict with its code and what is not in conflict. Local authorities, under the bill, would also be allowed to regulate anything not regulated by the code.

If you have concerns about this legislation, it is important that you let your legislators, especially your member(s) of the Senate, know about those concerns this week.

Mayors’/Municipal Court Legislation.

Last week, we notified all Mayors and our e-Bulletin list about two pieces of legislation (HB 260 and HB 483) which affect both Mayors and Municipal Courts. That special Alert is also posted on our website at www.omunileague.org

This Legislative Bulletin is being mailed out on Monday because the committee schedules, which are usually available on Thursday night, came out later on Friday because of the Thursday holiday. Thus we were not able to publish on our usual day. Future Legislative Bulletins will again be published and mailed on Friday.

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

HB 507 CONTRACTOR COMPLIANCE (Stewart, J.) Requires public authorities, contractors, and subcontractors to obtain proof of compliance with specified laws from contractors, subcontractors, and lower tier subcontractors before contracting for public improvements; prohibits the approval of building plans without proof of compliance with specified laws; and establishes criminal penalties for contractors and subcontractors who contract with subcontractors and lower tier subcontractors who violate specified laws and for employers who employ illegal aliens. (3rd Hearing - Proponent/Opponent/Interested party/Possible vote)

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

SB 248 MOTOR VEHICLE REMOVAL IMMUNITY (Schuler) Permits local law enforcement agencies and fire departments to remove motor vehicles from the roadway after a motor vehicle accident and provides immunity to local law enforcement agencies and fire personnel for the removal of damaged or inoperable vehicles from roadways. (2nd Hearing - Proponent/Opponent/Interested party/Amendments)

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

HB 414 AGRICULTURAL SECURITY AREAS (Core) Provides for the establishment of agricultural security areas, limits development within those areas, and provides the opportunity for certain tax exemptions for land within those areas. (2nd Hearing - Proponent/Opponent/Interested party)

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

HB 175 CONTRACTOR LICENSING (Buehrer) Requires statewide licensing of residential contractors, establishes a statewide uniform building code for residential buildings, establishes a process for granting variances from the statewide uniform residential building code, and makes other changes in the laws governing residential contractors and residential construction. (2nd Hearing - Proponent/Opponent/Interested party/Substitute bill/Possible vote)

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 of compensation for the taking, land 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 potential civil fine 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; exempts certain farm dwellings from certain sewer connections, and; requires health district licensing councils to meet at least annually rather than quarterly. (1st Hearing - Sponsor/Proponent)