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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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John Mahoney
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No. 09                                                                       April   15, 2005

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

Budget Passes on House Floor.

This week, the Ohio House passed, by a margin of 54-45, its version of the state’s biennial budget. The House version keeps intact the tax changes proposed by the Taft administration, for the most part. It also made but a few changes in the Taft cuts to local government funds, thereby supporting the largest cuts in local government aid in the history of Ohio.

The vote on the $51.4 billion two-year budget came down mostly on partisan lines, 54-45. Eight Republicans voted against the budget and one Democrat supported it. (The vote of each House member is posted on our website at www.omunileague.org).

The House budget maintains the Taft local government fund cuts of 20% for cities and 10% for villages. Those cuts are from the four-year freeze on local government aid that has been in place. Those cuts below the freeze would occur in January, 2006 and continue throughout the biennium.

For the counties, the House decided to play its version of “weird Santa.” Counties would also receive a 20% cut from the freeze, unless, by October 1, 2005, the County Auditor submits a report to the Auditor of State of all that the county has done, is doing and plans on doing in the future to implement consolidation of services in the county. Throughout the directive on this report, the County Auditor is to specify the cost savings of these county initiatives to consolidate services and cooperate regionally on services.

The report is also  to describe the county’s future plans to cooperate with one or more of its neighboring political subdivisions to finance services that serve all the political subdivisions of the county.

In return for filing this report, which neither the Auditor of State nor anyone else grades for truth, accuracy or quality, the county government’s LGF and LGRAF funds are reduced by 10% from the freeze, instead of 20%.

These reports about cooperation should foster, well, a certain lack of cooperation. Many of these reports will rely on information and cooperation from municipalities, in most case, cities. How do you consolidate services, unless you’re consolidating with someone else? And who gets rewarded for this cooperation? Just the county. The city, village or township, which equally made the consolidation or cooperation possible, will now be called upon by the County Auditor to furnish information and future cooperation to fatten the county coffers. It should be interesting.

By the way, nowhere is the county called upon in this study to examine the cost savings that might be realized by the consolidation of such offices as the County Treasurer and County Auditor into a County Department of Finance.

Other municipal issues included in the budget:

_    A new sunset for “residential” or “area-wide” TIF’s of December 31, 2005. The current sunset of this provision is June 30, 2007.

_    A small fund ($5 MILLION) to match local funds for political entities' collaboration studies.

_    A small fund ($10 million over the biennium) to some of those smaller villages and small rural townships for which local government funds make up a large portion of their entire budget.  Requires the Tax Commissioner to determine the distribution method.

_    Reduces the Estate Tax.  Estimated costs for municipal corporations $32 million.

_    Elimination of the machinery and equipment credit with a grandfather provision for existing credits.  To cover the cost of this phase out the House increases the funding to local entities $4.3 million in FY 2006 and $30 million in FY 2007.

_    Eliminates an annual payment of $1.2 million, known as the “state contribution” to the Ohio Police & Fire Pension Fund.

_    Reauthorizes municipal corporations to levy income taxes to be shared with an overlapping school district.

_    Provides that revenue collected by municipal electric companies that are derived from the rate increase be distributed like those collected by other electric companies.

_    Permits agencies and instrumentalities of political subdivisions to establish and participate in individual and join self-insurance programs to provide health care benefits to officers and employee of the agency or instrumentality.

_    Allows Specified Public Authorities, including municipal corporations, to award single-prime contract under the Public Improvement Law.

_    A sharp reduction of the tipping fee for solid waste, which would be of some help for those municipalities which have “no fee” public collection of solid waste.

_    The indexing for inflation of local “force accounts” limits on public projects.

_    Prohibits political subdivisions from regulating or enacting legislation relating to registration, packing, labeling, etc. of seeds and fertilizer.

Thank You.

Thanks to all municipal officials who made their way to Columbus last week to participate in the League's Annual Legislative Luncheon.  The entire state was well represented and the event was a great success.  We also thank all the member of the General Assembly who took the time to join us at the luncheon and visit with their municipal officials.

LEGISLATIVE COMMITTEES FOR THE WEEK OF APRIL 18, 2005

TUESDAY, APRIL 19

Senate Insurance, Commerce & Labor, (Chr. Hottinger, 466-5838), North Hearing Rm., 9 a.m.

SB 7 WORKERS' COMPENSATION  (Cates)  To direct the General Assembly in its deliberations regarding the enactment of reforms of the state's workers' compensation law.  (7th Hearing - Proponent/Opponent/Interested party) 

House Commerce & Labor, (Chr. Schaffer, 466-8100), Taft Rm. (formerly 122), 1:30 p.m.

HB 148 HOME CONTRACTORS  (Trakas)  To adopt the Home Improvement Contractor Law, establish the Home Improvement Contractor Registration Board in the Department of Commerce, establish civil and criminal penalties for violation of the law, and grant the attorney general enforcement powers.  (1st Hearing-Sponsor)  

Senate Ways & Means & Economic Development, (Chr. Amstutz, 466-7505), South Hearing Rm., 3 p.m.

SB 1 TAX LAWS (Amstutz) To formally state the General Assembly's intentions in its upcoming deliberations on reforming Ohio's tax laws.  (8th Hearing - Review of House tax language)  

WEDNESDAY, APRIL 20

Senate Ways & Means & Economic Development, (Chr. Amstutz, 466-7505), Grant Hearing Rm. (formerly Rm. 110), 9 a.m.

SB 1 TAX LAWS (Amstutz) To formally state the General Assembly's intentions in its upcoming deliberations on reforming Ohio's tax laws.  (9th Hearing - Proponent/Opponent/Interested party) 

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

HB 9 PUBLIC RECORDS LAW (Oelslager) To revise the Public Records Law.  (7th Hearing - Proponent/Opponent/Interested party) 

House Elections & Ethics, (Chr. Hughes, 466-2473), Taft Rm. (formerly 122), 10:30 a.m.

HB 106 MUNICIPAL REFERENDUM PETITIONS (Setzer) To increase the number of signatures needed on a municipal referendum petition, to permit persons who sign a municipal referendum petition to remove their names from that petition within eight days after the petition is filed, and to permit the circulator of a municipal referendum petition from which names have been removed to amend the statement identifying the number of signatures on the petition.  (2nd Hearing-Proponent) 

Senate State & Local Government & Veterans Affairs, (Chr. Coughlin, 466-4823), South Hearing Rm., 4 p.m.

SB 82 RESIDENCY REQUIREMENTS (Grendell) To generally prohibit political subdivisions from imposing residency requirements on certain employees.  (4th Hearing - Proponent/Opponent/Interested party)  

SB 119 POLITICAL CONTRIBUTIONS (Hagan, R.)  To prohibit county elective officers and candidates for county elective office from accepting contributions from certain county employees; to prohibit municipal elective officers and candidates for municipal elective office from soliciting or accepting contributions from certain employees of the municipal corporation and to prohibit township elective officers and candidates for township elective office from soliciting or accepting contributions from certain township employees.  (3rd Hearing - Proponent/Opponent/Interested party)  

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

SB 9 OHIO TERRORISM LAW  (Jacobson)  To require law enforcement officers to comply with certain federal mandates regarding homeland security; to create the offenses of criminal possession of a chemical weapon or biological weapon, criminal use of a chemical weapon or biological weapon, illegal assembly or possession of chemicals for the manufacture of a chemical weapon or biological weapon, money laundering in support of terrorism, and unlawful possession of a powerful laser; to require applicants for certain specified licenses to disclose any material assistance they have provided to an organization on the United States Department of State Terrorist Exclusion List; to prohibit the state or a political subdivision of the state from conducting business with any person, company, or others that provide material assistance to any organization on the United States Department of State Terrorist Exclusion List; to require a person in a public place to provide the person's name to a law enforcement officer when the law enforcement officer has reasonable suspicion that either the person is or has been engaged in criminal activity or the person has witnessed a felony offense of violence; to expand the homeland security duties of the Department of Public Safety; and to include animal and ecological terrorism in the definition of corrupt activity.  (1st Hearing-Sponsor)  

HB 56 TRAFFICLIGHT CAMERAS (Raussen) To generally prohibit the use by law enforcement agencies of traffic law photo-monitoring devices.  (4th Hearing-Proponent, opponent & interested party - Possible vote)  

THURSDAY, APRIL 21

House Financial Institutions, Real Estate & Securities, (Chr. Widener, 466-1470), Rm. 017, 8:30 a.m.

HB 120 OPF COST OF LIVING (Patton. T.)  To increase the cost of living allowance for certain Ohio Police and Fire Pension Fund members to $600 per year.  (1st Hearing - Sponsor)  

House Local & Municipal Government & Urban Revitalization, (Chr. Wolpert, 466-9690), Rm. 018, 11 a.m.

HB 76 VILLAGE SOLICITORS (Trakas) To permit the electors of a statutory village to vote on a question to authorize the mayor to appoint the village solicitor with the advice and consent of the village's legislative authority.  (2nd Hearing-Proponent, opponent & interested party)  

HB 101 PUBLIC MEETING NOTICE  (Wolpert)  To create the Local Government Public Notice Task Force to study local government public notice requirements and to issue a report including recommendations for meeting those requirements in economic and efficient alternative ways.  (2nd Hearing-Proponent, opponent & interested party)