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BILLS OF THE 123RD GENERAL ASSEMBLY AS OF MAY 2000 SENATE BILLS SB 3 ELECTRIC DEREGULATION (Johnson) En. 4928. Declares that the public policy of the State of Ohio is to effect the restructuring of the electric industry pursuant to specified goals permitting effective competition in the provision of retail electric service to all Ohio consumers. The bill has been signed by the Governor and is effective 7/6/99. SB 6 HOMESTEAD ELIGIBILITY (Armbruster) Am. 323 & 4503. Increases the maximum income limit used to determine eligibility for the homestead exemption and indexes to inflation the income brackets used to determine the amount of a homesteader's tax reduction. The bill has been signed by the Governor and will become effective 8/12/99. SB 22 DRUNK DRIVING (Johnson) Am. 2323, 2929, 3793, 4503, 4507, 4511 & 5120. Establishes stricter penalties for a person who commits state OMVI and has a concentration of .17 of one gram or more by weight of alcohol per 210 liters of the person's breath, or a concentration of .238 of one gram or more by weight of alcohol per 100 milliliters of the person's urine. The bill has been referred to the House Criminal Justice Committee. SB 23 PROPERTY TAX EXEMPTIONS (Hagan) Am. 725, 1728, 3735 & 5709. Limits the extent to which property may be exempted from taxation if the exemption is granted to a business that has relocated from one political subdivision to another. The bill has been referred to the Senate Ways & Means Committee. SB 31 PUBLIC WORKS COMMITTEE (Latta) Amends 164. Requires the appointing authorities that appoint members of district public works integrating committees to appoint alternatives for those members to act in their absence. The bill was signed by the Governor 9/29/99. SB 38 LIQUOR SALES (Horn) Amends 4301. Allows a municipal corporation to prohibit the sale of beer or intoxicating liquor in glass containers that exceed a specific number of ounces in specified areas of the municipal corporation. The bill has been referred to the Senate Agriculture Committee. SB 46 RESIDENCE REQUIREMENT (Schafrath) En. 3. Prohibits a political subdivision from requiring its employees to reside in any specific area of this state. The bill has been referred to the Senate State & Local Government & Veteran's Affairs Committee. SB 65 CONTRACTING PREFERENCES (Wachtmann) En. 153. Requires certain political subdivisions to provide a preference, under specified circumstances, when comparing bids for the awarding of public improvement contracts. The bill has been referred to the Senate Insurance, Commerce & Labor. SB 67 CABLE COMPETITION (Hottinger) Am. & En. 324, 718, 1771, 5701, 5709, 5733 & 5739. Provides for fair competition in the provision of cable television services by establishing conditions under which governmental cable operators may be formed, including the franchising of those operators by the Public Utilities Commission and by taxing such operators in the manner of private cable operators. The bill has passed both Houses and is awaiting the Governor's signature. SB 68 PRIMARY ELECTION (Watts) Am. 3505 & 3513. Changes the date of the primary election held in presidential election years from he third Tuesday in march to the first Tuesday in March. The bill has been referred to the Senate State & Local Government & Veteran's Affairs Committee. SB 69 PLAT APPROVAL (Gardner) Am. 711 & 713. Changes the procedure for the approval of plats by county or regional planning commission, provides that the statute authorizing the approval of certain subdivisions without the submission of a plat applies only to parcels of no more than twenty acres, and permits the payment of compensation to members of county planning commissions. The bill has been referred to the Senate State & Local Government & Veteran's Affairs Committee. SB 71 VOLUNTEER TAX BREAK (DiDonato) Amends section 5747.01 of the Revised Code to create a state income tax deduction of up to $750 for amounts paid by a fire fighter or auxiliary police officer for training programs, clothing and equipment used primarily for fire fighting or law enforcement purposes. The bill has been assigned to the Senate Ways & Means Committee. SB 78 PUBLIC RECORDS (Oelslager) Am. 149. Generally grants members of the public the option of choosing the medium in which they will receive copies of public records and requires a public office to transmit copies of a public record through the United States mail if so requested. The bill has been signed by the Governor and will be effective December 16, 1999. SB 79 BUSINESS ADDRESSES (Latell) En. 3781. Requires the Board of Building Standards to establish guidelines to aid businesses in displaying their street numbers so that the numbers are readily visible from the street, road, or highway adjacent to the place of business. The bill has been referred to the Senate Insurance, Commerce & Labor Committee. SB 82 PUBLIC FUNDS INVESTMENT (Johnson) Am. 135 & 321. Permits subdivision or county treasurers to invest in certain no-load money market mutual funds in the absence of a written investment policy on behalf of the subdivision or county or in the cases of exemptions from or noncompliance with specified initial or continuing education requirements by the subdivision or county treasurer. The bill has been signed by the Governor and will be effective April 24, 2000. SB 83 TRANSPORTATION IMPROVEMENT DISTRICTS (Nein) Am. 307 & 5555. Authorizes a transportation improvement district to enter into an agreement with a county authorizing the county to perform the functions and exercise the powers of the transportation improvement district or vice versa, removes a monetary limit on certain purchases made by a county on behalf of a township, changes the repayment period for county road assessments, and declares an emergency. The bill has been referred to the Senate Highways & Transportation Committee. SB 84 INVENTORY TAX (Mumper) Am. 5711 & 5727. Reduces, over a five-year period, the rate at which inventory property is assessed for taxation, from 25% to 15% of true value. The bill has been assigned to the Senate Ways & Means Committee. SB 89 ENVIRONMENT COURT (Johnson) Am. 1901. Clarifies the jurisdiction of the environmental division of a municipal court in foreclosure actions and declares an emergency. The bill became effective 8/3/99. SB 93 LAW ENFORCEMENT RETIREMENT (Watts) Am. 145. Permits members of the Public Employees Retirement System Law Enforcement Division with at least 25 years of total service credit to retire at age 48 with full benefits. The bill has been assigned to the Senate Ways & Means Committee. SB 105 SEPTIC SYSTEMS (Gardner) Am. & En. 319, 711, 3707, 3709, 3718 & 4736. Requires septage haulers, installers of household sewage disposal systems, site evaluators, and service providers to be registered by local boards of health, requires property owners on whose property household sewage disposal systems are to be installed, altered, or operated to obtain a permit from those boards, and requires periodic basic system assessments of such systems. The bill has been assigned to the Senate Energy, Natural Resources & Environment Committee. SB 106 PUBLIC IMPROVEMENTS (Shoemaker) Am. 126. Establishes a policy that appropriations for community improvement projects provided for in the capital improvements budget each biennium be shared more or less equally by eight districts of the state created by the director of Budget and Management on the basis of population. The bill has been assigned to the Senate Finance & Financial Institutions Committee. SB 108 ESTATE TAX (Latta) Am. 5731. Reduces the estate tax by 36% over five years and phases out the share of the estate tax paid to the state. The bill has passed both Houses and is awaiting the Governor's signature. SB 114 MILITARY SERVICE CREDIT (Furney) En. 742. Requires the Police and Firemen's Disability and Pension Fund to recalculate the cost of military service credit for certain members of the Fund whose purchase of the credit was based on calculations made between the introduction date of Am. Sub. HB 450 of the 121st General Assembly and the act's effective date. The bill has been referred to the Senate State & Local Government & Veteran's Affairs Committee. SB 116 Y2K FUNDS (Armbruster) Creates a $20 million state grant program that will provide funding to local governments to cope with Year 2000 computer problems and makes an appropriation. The bill has been assigned to the Senate Economic Development, Technology & Aerospace Committee. This bill was rolled into HB 283. SB 117 SELECTIVE SERVICE (Watts) Am. & En. 9 & 124. Requires that a male person 18 years of age or older be registered, or exempt from registering, with the Selective Service System as a condition for being employed by or serving with a state agency or a political subdivision. The bill has been referred to the Senate State & Local Government & Veteran's Affairs Committee. SB 118 PFDPF BENEFITS (Blessing) Am. 145 & 742. Increases benefits paid to surviving spouses of members of the Police and Firemen's Disability and Pension Fund (PFDPF), eliminates the eligibility limits for cost-of-living allowances that apply to certain PFDPF members, allows magistrates to purchase additional service credit in the Public Employees Retirement System, and declares an emergency. The bill has been referred to the Senate Ways & Means Committee. SB 121 TOBACCO SALES (Drake) Am., En. & Rep. 319, 321, 322, 1333, 2151, 2927, 3709, 3718, 5703 & 5743. Increases to 21 the age at which cigarettes and tobacco products may be sold to an individual, prohibits persons under the age of 21 from possessing cigarettes and tobacco products, transfers responsibility for licensing retail and wholesale tobacco operations from the Tax Commissioner to boards of health, and authorizes the boards to impose monetary penalties for violations of the laws pertaining to tobacco operations. The bill has been referred to the Senate Judiciary Committee. SB 122 SET-ASIDE CONTRACTS (Watts) Am. 121, 122, 123, 125, 135, 153, 164, 166, 169, 307, 340, 351, 3354, 3355, 3357, 3358, 3383, 3734, 4115, 4301, 4503, 4582, 4981, 5111 & 5126. Changes the term "minority business enterprise" to "challenged business enterprise" for purposes of the laws governing public contract set asides, minority business development loans, and minority business bonds; revises the definition of and criteria for becoming certified as a challenged business enterprise; limits the permissible period of certification as a challenged business enterprise to five years; renames the Minority Development Financing Development Board the Challenged Business Development Financing Advisory Board and renames the Minority Business Development Division the Challenged Business Development Division; and eliminates the programs for public contract set asides, challenged business development loans, and challenged business development bonds ten years after the effective date of this act. The bill has been referred to the Senate Judiciary Committee. SB 137 PORT AUTHORITIES (Oelslager) Am., En. & Rep. 9, 109, 349,1424, 2921, 2935, 4582. Comprehensively revises the powers and duties of port authorities, enhances the ability of port authorities and other political subdivisions to cooperate in the accomplishment of mutual objectives, establishes more consistency between the statutes governing port authorities established on or before July 9, 1982, and those established after that date, and makes other changes in the laws governing port authorities. The bill has been referred to House Transportation & Public Safety Committee. SB 143 GOVERNMENT AUDITS (DiDonato) Am. 117. Authorizes municipal corporations, county offices, and townships to engage an independent certified public accountant to conduct a biennial or special audit of the municipal corporation, county office, or township in accordance with standards approved by the Auditor of State. The bill has been referred to the State and Local Government and Veterans Affairs. SB 144 PERS PAYMENTS (Johnson) Am. & En. 145, 3307 & 3309. Requires the Public Employees Retirement System to credit interest on a member's contributions and, under certain circumstances, pay an amount of the employer contributions on the death of a member or withdrawal of a member's contributions. The bill has passed both Houses and is awaiting the Governor's signature. SB 158 PROPERTY FORFEITURES (Shoemaker) Am. & Rep. 505, 715, 3929, 5722, & 5723. Requires townships and municipal corporations, under certain circumstances and pursuant to specified procedures, to commence forfeiture and sale proceedings against property on which are located buildings or other structures that have been declared insecure, unsafe, structurally defective, or unfit for human habitation. The bill has been referred to the Senate State and Local Government and Veterans Affairs Committee . SB 169 PUBLIC EMPLOYER INSPECTIONS ( Wachtmann) Am. 4167. Eliminates the biennial safety inspection required for a public employer that is exempt from the Public Employment Risk Reduction Program and substitutes an optional inspection. The bill hashas passed both Houses and is awaiting the Governor's signature. SB 177 HEALTH CARE (Spada) Am. 125, 305, 505 & 731 En. 125 to permit counties, townships, and municipal corporations to offer health care benefits to employees through participation in state employee health care plans. The bill has been referred to the Senate State and Local Government and Veterans Affairs Committee. SB 192 TOBACCO MONEY DISTRIBUTION (Ray) Am. & En. 102, 107 & 183. Provides for the distribution of money received by the state pursuant to the Tobacco Master Settlement Agreement and makes an appropriation. The bill has been referred to Senate Finance & Financial Institutions Committee. SB 193 UTILITY EXCAVATIONS (Blessing) En. & Rep. 153 & 3781. Provides for the establishment and operation of a single, statewide, one-call notification system as a means of preventing or minimizing damage to subsurface facilities as a result of excavations occurring in this state. The bill has been referred to Senate Ways & Means Committee. SB 236 RESIDENCY REQUIREMENT (GARDNER) Am. 733. Allows a municipal ordinance to waive any statutory requirement that a municipal fire chief or fire prevention officer be a municipal resident or elector. The bill has been referred to the Senate State and Local Government and Veterans Affairs Committee. SB 245 CAPITAL REAPPROPRIATIONS/BUDGET CORRECTIONS (Ray) Am. & Rep. 124, 126, 127, 166, 1547, 3313, 3314, 3317, 3318, 3734, 5101, 5111, 5117 & 5528. Corrects, clarifies, supplements, and modifies certain authorizations and conditions established for the operation and administration of state programs and makes capital reappropriations for the biennium ending June 30, 2002. The bill has been referred to Senate Finance & Financial Institutions Committee. SB 277 PERS BENEFITS (Drake) Am., En. & Rep. 124, 145, 306, 308, 2329, 2907, 2921, 3105, 3375, 3381 & 6121. Increases certain benefits paid by the Public Employees Retirement System to provide that the annual cost of living increase paid to retired PERS members and their survivors will be three percent; allows PERS to establish a defined contribution retirement plan and relocates the provisions governing the Ohio Deferred Compensation Program. The bill has been referred to the Senate Ways & Means Committee. SB 287 GAS COMPANY PROPERTY (Blessing) Am. & En. 3709, 4933, 5703, 5705 & 5727 & Am. Secs. 3 & 4, Am. Sub. 3 (123rd General Assembly) & Sec. 194, HB 283 (123rd General Assembly). Reduces the assessment rate on tangible personal property owned by natural gas companies; levies an excise tax on the distribution of natural gas and modifies the determination of the true value of current gas stored underground. The bill has been referred to the Senate Ways & Means Committee. SB 289 ANNEXATIONS (Cupp) Am., En. & Rep. 505, 709, 729 & 5705. Revises the law governing municipal annexations. The bill has been referred to the Senate State and Local Government and Veterans Affairs Committee. SB 298 INCOME/ESTATE TAXES (Spada) Am. 5731 & 5747. Reduces estate taxes and increases the income tax personal exemption and joint filing credit. SB 302 MANUFACTURED HOUSING (Peterson) Am. 319, 321, 323, 4501, 4503, 4505, 4513 & 4517. Specifies the application date of certain provisions of Am. Sub. SB 142 of the 122nd General Assembly and makes other clarifications regarding the taxation of manufactured and mobile homes. The bill has been referred to the Senate Ways & Means Committee. HOUSE BILLS HB 7 INCOME TAX INDEX (D. Miller) Am. & En. 5747. Indexes the personal income tax rate brackets and other income- dependent quantities to increases in the gross domestic product deflator, revises the income tax withholding tables, and requires an annual adjustment of the tables. The bill has been referred to the House Ways & Means Committee. HB 15 RETIREMENT SERVICE CREDIT (Mottley) Am. & En. 145, 3307 & 3309. Allows a member of the Public Employees Retirement System, School Employees Retirement System, or State Teachers Retirement System to purchase by payroll deduction service credit for certain prior service covered by one of the other systems. The bill was been signed by the Governor and became effective 11/3/99. HB 20 PREVAILING WAGE (Hood) Am. & Rep. 119, 122, 125, 164, 165, 166, 175, 176, 307, 351, 1311, 1551, 1710, 1728, 3706, 4115, 4141, 4582, 6117 & 6121. Repeals the Prevailing Wage Law. The bill has been referred to the House Commerce & Labor Committee. HB 23 CONCEALED WEAPONS (Hood) Am. & Rep. 109, 1531, 1533, 1547 & 2923. Permits the carrying of concealed weapons and repeals the offenses of improperly handling firearms in a motor vehicle and improperly handling firearms in a watercraft. The bill has been referred to the House Criminal Justice Committee. HB 24 VEHICLE EMISSIONS TEST (Grendell) Am., En. & Rep. 3704, 3706, 4503 & 5739. Repeals the motor vehicle inspection and maintenance program and requires the director of the Ohio EPA to negotiate alternatives to the program. The bill has been referred to the House Energy & Environment Committee. HB 25 EMISSION TEST CREDIT (Grendell) Am. & En. 5747. Grants a credit against the personal income tax in the amount of fees paid by the taxpayer to have a vehicle inspected under the emissions inspection program. The bill has been referred to the House Ways & Means Committee. HB 26 ASSEMBLY TAX EXEMPTION (Grendell) En. & Rep. 101 & 718. Prohibits the General Assembly from explicitly exempting General Assembly members from the operation of state statutes or local ordinances or resolutions and eliminates the exemption granted to General Assembly members and their employees from paying certain municipal income taxes. The bill has been referred to the House State Government Committee. HB 34 RELOCATION EXPENSES (Taylor) En. 5501. Requires the director of Transportation to provide for the relocation of facilities of certain water supply, waterworks, or sewerage systems. The bill has been referred to the House Transportation & Public Safety Committee. HB 40 CONTRACT PREFERENCE (Jolivette) En. 153. Requires certain political subdivisions to provide a preference, under specified circumstances, when comparing bids for the awarding of public improvement contracts. The bill has been referred to the Senate State & Local Government & Veteran's Affairs Committee. HB 44 INCOME TAX INDEX (Schuck) Am. & En. 5747. Indexes personal income tax rate brackets and credits to increases in the gross domestic product deflator, beginning January 1, 2001. The bill has been referred to the House Ways & Means Committee. HB 51 EMINENT DOMAIN (Taylor) Am. 163. Requires agencies to pay in just amounts determined by a court the attorney's fees, witness fees, and other actual expenses that a property owner incurs in eminent domain proceedings if the compensation and damages that the jury assesses for the affected property exceed the agency's highest offer for the property by 10% or more. The bill has been voted out of House Committee. HB 67 WATER RIGHTS (Coughlin) Am. & En. 1501. Provides that a withdrawal of water by certain municipal corporations from either the Lake Erie or Ohio River drainage basin and transfer to another basin is a diversion for the purposes of certain permitting requirements regardless of whether the water is returned to its basin of origin. The bill has passed the House and has been assigned to Senate Energy, Natural Resources & Environment Committee. HB 72 ESTATE TAX (Coughlin) Am. & Rep. 129, 135, 325, 1339, 1555, 1709, 2101, 2113, 5528, 5731, 5747. Repeals the estate tax for the estates of decedents dying on or after July 1, 2000 and provides for the continuing determination , administration, collection, and distribution of estate tax revenue arising from the taxation of the estates of decedents dying before that date. The bill has been referred to the House Ways & Means Committee. HB 76 LOCAL DEBT LIMIT (Brading) Amend 133. Exempts from the calculation of a subdivision's debt limit a specified portion of the principal amount of securities issued for permanent improvements if payments in lieu of taxes are pledged to repay those securities. The bill was been signed by the Governor and became effective 11/3/99. HB 80 OMVI VEHICLE FORFEITURE (Coughlin) Amend 4503, 4507, and 4511. Requires the criminal forfeiture to the state of the motor vehicle a person was operating at the time the person committed a third state or local OMVI offense within a six year period, rather than the impoundment of the motor vehicle for 180 days. The bill has been referred to the Senate Judiciary Committee. HB 87 SAFETY/HYGIENE PRACTICE (Bateman) En. 4777. Prohibits persons from using certain titles relating to the practice of occupational safety or the practice of industrial hygiene unless they meet specified requirements, establishes those requirements, and generally prohibits political subdivisions from restricting the practice of occupational safety or of industrial hygiene by those who meet specified requirements. The bill has been signed by the Governor and the effective date is 9/24/99. HB 91 TOWNSHIP PARTIONING (Terwilleger) Am. 503. Provides that a township reduced at the request of a municipal corporation to less than 22 square miles may continue as a reduced township unless a petition is filed by the township electors, to change the procedure for partitioning a township, and changes who may petition in a township to have the unincorporated township territory separated from the unincorporated township territory. The bill was been signed by the Governor and became effective 11/3/99. HB 92 TAX LEVY APPROVAL (Terwilleger) Am. 5705. Permits a simple majority of voters at a special election to approve certain tax levies. The bill will be effective 10/20/99. HB 95 PUBLIC RECORDS (Terwilleger) Am. 149 and 733. Awards reasonable expenses to the relator if a writ of mandamus is issued in a taxpayer's suit and to authorize a similar award plus court costs to a prevailing aggrieved person in a mandamus action under the Public Records Law. The bill has been referred to the Senate Judiciary Committee. HB 98 ANNEXATION LAW (Terwilleger) Am., En. & Rep. 505, 709 & 929. Revises the laws governing municipal annexation. The bill has been referred to the House Local Government & Townships Committee. HB 99 TAX REFUND INTEREST (Young) Am. & En. 5733 & 5747. Eliminates the payment of interest by a taxpayer on certain excess refunds of state income or corporation franchise taxes. The bill was signed by the Governor on 5/26/99. HB 101 LABOR REQUIREMENTS (Young) En. 4116. Prohibits public authorities from imposing certain labor requirements as a condition of performing public works. The bill was been signed by the Governor and is effective 10/11/99. FOUND UNCONSTITUTIONAL BY CUYAHOGA COUNTY COMMON PLEAS COURT 10/18/99. HB 103 WORKERS' COMP. REFUNDS (Mottley) En. 4123. Specifies requirements concerning premium refunds issued by the Bureau of Workers' Compensation to state fund employers. The bill has been referred to the House Commerce & Labor Committee. HB 104 SCHOOL INCOME TAX (Mottley) Am. 5748. Authorizes school boards levying an income tax to grant an additional senior credit and to exempt S corporation distributions from the tax. The bill has been referred to the House Ways & Means Committee. HB 106 INCOME TAX CREDIT (Tiberi) Am. & En. 5747. Grants a refundable personal income tax credit for contributions to charitable organizations. The bill has been referred to the House Ways & Means Committee. HB 122 REBUTTABLE PRESUMPTION (Cates) Am. 4123. Provides a rebuttable presumption that the proximate cause of an injury of an employee, who, through a blood, breath, or urine test, tests positive for the use of alcohol or a controlled substance not prescribed by a physician, is the alcohol or controlled substance. The bill has been referred to the House Commerce & Labor Committee. HB 124 MUNICIPAL INVESTMENTS (Sulzer) Am. 731. Permits a municipal corporation to include the treasurer of a city or village, rather than the city director of law or village solicitor, among the officials who may order the investment of moneys in the municipal corporation's treasury. The bill has been referred to the House Local Government & Townships Committee. HB 126 EMPLOYER WITHHOLDING (Boyd) En. 718. Permits municipal corporations to require employers located outside the municipal corporation to withhold income taxes imposed by the municipal corporation on its residents. The bill has been referred to the House Ways & Means Committee. HB 135 PROPERTY TAXATION (Sullivan) Am. 319, 323, 4503 & 5713. "Freezes" property taxes on residences owned and occupied by persons 65 years of age or older. The bill has been referred to the House Ways & Means Committee. HB 137 EMERGENCY SITES (Carey) Am. 2903, 2909, 2917 & 2921. Extends the offenses of disrupting public services and misconduct at an emergency to activities of emergency medical services personnel; increases the penalties for misconduct at an emergency and obstructing official business if risk of physical harm is involved; increases the penalty for disorderly conduct if committed in the presence of certain authorized persons performing duties at the scene of an emergency; and specifies that "pattern of conduct" in menacing by stalking includes actions obstructing a public official's performance of authorized acts. The bill has passed both Houses and is awaiting the Governor's signature. HB 138 TRAUMA CARE (Schuck) Am. & En. 9, 125, 733, 1547, 2929, 2949, 3375, 3702, 3729, 3737, 4501, 4513, 4765, 4766, 4767, 5502 & 5739. Provides quality assurance for trauma care and makes other changes in the laws regarding emergency medical services and fire services. The bill has passed both Houses and is awaiting the Governor's signature. HB 143 INVENTORY TAX (Cates) Am. 5711 & 5727. Reduces, over a five-year period, the rate at which inventory property is assessed for taxation, from 25% to 15% of true value. The bill has been referred to the House Ways & Means Committee. HB 148 HANDICAPPED PARKING (Williams) Am. 3781, 4503 & 4511. Increases the penalties for a violation of the special parking privileges established for persons with certain disabilities and makes changes in the application process for removable windshield placards. The bill became effective 7/15/99. HB 150 LOCAL DEBT LIMIT (Mottley) Am. 133. Exempts from subdivision debt limits certain securities issued to finance the construction of a performing arts center. The bill has been referred to the House Ways & Means Committee. HB 154 PERS BENEFITS (Stapleton) Am. 145. Exempts from the Public Employees Retirement System membership public employees under age 18 if the employment is intended to be for less than six months and changes the deadline for filing a PERS disability benefit application. The bill has been referred to the House Health, Retirement, & Aging Committee. HB 156 POLITICAL SOLICITATIONS (Jacobson) Am. 3517. Prohibits elected officers and candidates for an elective office of any political subdivision from soliciting contributions from certain employees of the political subdivision. The bill has been referred to the House Technology & Elections Committee. HB 157 PRIMARY ELECTION (Cates) Am. 511, 1545, 1901, 3501, 3503, 3505, 3509, 3511, 3513 & 5705. Changes the date of the primary election held in presidential election years from the third Tuesday in March to the first Tuesday after the first Monday in May. The bill has been signed by the Governor and is effective 9/30/99. HB 163 TRANSPORTATION BUDGET (Core) Am. and Rep. 109, 145, 742, 2925, 2933, 2935, 4301, 4501, 4503, 4561, 4563, 4906, 5501, 5502, 5517 & 5525. Makes appropriations for programs related to transportation and public safety for the biennium beginning July 1, 1999 and ending June 30, 2001 and provides authorization and conditions for the operation of those programs. The bill was signed by the governor on 3/31/99 and becomes effective 6/30/99. HB 172 EMINENT DOMAIN (Sulzer) Am., En. & Rep. 163, 306, 504, 717, 719, 747 & 755. Generally prohibits a political subdivision from using eminent domain to acquire real or personal property outside the political subdivision's boundaries. The bill has been referred to the House Local Government & Townships Committee. HB 174 VILLAGE MONEY (Winkler) Am. 703. Requires that money remaining after a village's surrender of corporate powers be distributed to the one or more school districts with territory located within the village. The bill has been referred to the House Local Government & Townships Committee. HB 175 COLLECTIVE BARGAINING (Hood) Am. & En. 9, 4113, 4117 & 4119. Removes any requirement under the Public Employees Collective Bargaining Law that public employees join or pay dues to any employee organization, expands the scope of unfair labor practices under that law, makes other changes in the Public Employees Collective Bargaining Law, prohibits any requirement that employees of private employers join or pay dues to any employee organization and requires public and private employers to post notices to that effect, prohibits certain actions by private employers relative to employee organization membership, and establishes civil and criminal penalties against private employers who violate those prohibitions. The bill has been referred to the House Commerce & Labor Committee. HB 185 COUNTY BUDGET COMMISSIONS (Myers) Am. 5747. Requires that alternative apportionment of the undivided local government fund and undivided local government revenue assistance fund by a county budget commission be subject to approval of the legislative authority of the city having the greatest population residing in the county. The bill became effective 7/26/99. HB 187 TOWNSHIP GOVERNMENT (Olman) Am. & En. 109, 133, 309, 504, 505, 709, 711, 713, 1901, 2921, 3737, 4301, 5543, 5549. Refers to townships that have adopted the limited self-government form of township government as "limited home rule government" townships, makes changes in the laws governing those townships, permits any township, for specified purposes, to issue securities or change the provisions for issuing debt, changes the composition and voting practices of county planning commissions, and changes the Subdivision Law to give townships notice of proposed changes. The bill has been signed by the Governor and is effective 9/20/99. HB 188 CABLE TELEVISION (Olman) Am. & En. 324, 718, 1771, 5701, 5709, 5733, 5739. Provides for fair competition in the provision of cable television services by establishing conditions under which governmental cable operators may be formed, including the franchising of those operators by the Public Utilities Commission, and by taxing such operators in the manner of private cable operators. The bill has been referred to the House Public Utilities Committee. HB 189 MUNICIPAL POPULATION COUNT (Taylor) Am. 703. Excludes persons under detention in a detention facility from persons counted to determine the population of a municipal corporation for purposes of classifying the municipal corporation as a village or a city. The bill has been signed by the Governor and is effective 10/29/99. HB 196 FIRE COMPANIES (Maier) Am. 9 & 125. Allows private fire companies to participate in the cooperative purchasing and salvage supply programs operated by the Department of Administrative Services and grants those companies the immunity from tort liability granted to political subdivisions. The bill has been referred to the House State Government Committee. HB 197 SLUDGE DISPOSAL (Krebs) Am. 3709, 3745 & 6111. Authorizes the Director of Environmental Protection to issue permits for the use, storage, treatment, or disposal of sludge and sludge materials, imposes an annual sludge fee, and otherwise regulates sludge and sludge materials. The bill will become effective 3/17/2000. HB 199 ALTERNATIVE PUBLIC PENSION (Cates) Am. 145, 742, 2907, 2921, 3305, 3307, 3309 & 5505. Creates an alternative retirement program for public employees covered by Ohio's state retirement systems. The bill has been referred to the House Health, Retirement, & Aging Committee. HB 201 PUBLIC RECORDS (Jacobson) Am. & En. 149 & 2921. Generally prohibits the release of specified peace officer residential and familial information kept by a peace officer's employer. The bill has been referred to the House Ethics & Standards Committee. HB 203 EMPLOYMENT RIGHTS (Wilson) En. 4113. Prohibits an employer from terminating an employee who is a volunteer firefighter or a volunteer provider of emergency medical services when that employee misses or is late to work because of an emergency to which the employee was dispatched as a volunteer firefighter or volunteer provider of emergency medical services. The bill has been referred to the House Commerce & Labor Committee. HB 204 JOINT FIRE DISTRICTS (Schuler) Am. 505. Permits the political subdivisions that comprise a joint fire district to pay the district's charges for ambulance or emergency medical services provided to their respective residents under certain circumstances. The bill has passed both Houses and is awaiting the Governor's signature. HB 205 TORT IMMUNITY (Corbin) Am. 2744. Amends the definition of "governmental function" in the political subdivision tort immunity law to include the operation of all types of aquatic facilities. The bill was been signed by the Governor and will be effective 9/24/99. HB 207 ELECTRIC DEREGULATION (Young) En. 4928. Effects an immediate overall rate reduction for residential and small commercial and industrial customers of incumbent, investor- owned electric utilities and for any such customers assigned a competitive supplier through a bidding or auction process, if retail electric service is restructured in Ohio. The bill has been referred to the House Public Utilities Committee. HB 221 MANDATED BENEFIT REPORT (Van Vyven) En. 103 & 105. Requires the Ohio Legislative Service Commission to prepare a mandated benefit report for each bill that receives second consideration, provides for the establishment and operation of the Ohio Mandated Benefits Review Council and terminates provisions of the act on December 33, 2003. The bill has passed both Houses and is awaiting the Governor's signsture. HB 222 POLICE/FIREMEN'S FUND (Van Vyven) Am. 9, 124, 133, 145, 146, 154, 164, 165, 166, 171, 175, 306, 351, 505, 709, 717, 737, 742, 902, 1555, 1557, 2329, 2907, 2921, 3111, 3113, 3307, 3309, 3318, 3345, 3366, 3377, 3706, 3729, 3737, 4582, 4981, 5505, 5528, 5531, 5537, 5540, 5705, 5731, 5747, 6121 & 6123. Changes the name of the Police and Firemen's Disability and Pension Fund to the Ohio Police and Fire Pension Fund and the name of the Firemen and Policemen's Death Benefit Fund to the Ohio Public Safety Officers Death Benefit Fund. The bill was been signed by the Governor. HB 249 RESIDENCY REQUIREMENT (Tiberi) En. 3. Prohibits a political subdivision from requiring its employees to reside in any specific area of the state. The bill has been referred to the House Local Government & Townships Committee. HB 250 PERS CONTRIBUTIONS (Patton) Am. 145. Includes the value of housing provided by the employer in which an employee must live as a condition of employment as earnable salary for the purpose of determining Public Employees Retirement System contributions and benefits. The bill has been referred to the House Health, Retirement, & Aging Committee. HB 251 CELLULAR PHONES (Barrett) En. 4511. Prohibits any person from operating certain vehicles while engaged in any activity that impairs the ability of the person to control fully the vehicle; prohibits any person from operating a moving vehicle and simultaneously using a mobile telephone other than to report an emergency; prohibits without exception any person with a temporary instruction permit from operating a moving vehicle and simultaneously using a mobile telephone and requires the State Highway Patrol to compile monthly data and statistics on motor vehicle accidents in which a mobile telephone was a material factor. The bill has been referred to the House Transportation & Public Safety Committee. HB 260 SPONGE TAX (Tiberi) Am., En. & Rep. 129, 1339, 1555, 1709, 2101, 2113, 5528, 5709, 5731 & 5747. Adopts a sponge tax as the estate tax. The bill has been referred to the House Ways & Means Committee. HB 267 FARMLAND PRESERVATION (Krebs) Am. & En. 163, 164, 303, 307, 901, 4503 & 5731. Requires the Director of Agriculture to be notified when land in an agricultural security area is to be appropriated by eminent domain, requires the Ohio Public Works Commission to consider unnecessary duplication of infrastructure and gives priority, to the extent possible, to "certified well-planned counties" when granting financial assistance for local infrastructure projects for the year 2003 and thereafter, makes changes regarding household sewage disposal systems, provides for the issuance of farmland preservation license plates and makes certain farmland-related changes in the estate tax law. The bill has been referred to the House Local Government & Townships Committee. HB 269 APPOINTED COURT CLERKS (Coughlin) Am. 1901, 1907, 2303, 2743 & 2949. Requires that the salary of the appointed clerk of a county court or certain municipal courts be set by the court's presiding judge instead of by a legislative authority and changes the deadline for court clerk transmission of certain additional court costs to the Treasurer of State. The bill has been referred to the House Ways & Means Committee. HB 274 LIQUOR SALES (Jacobson) Am. 4301. Allows a municipal corporation to prohibit in specified areas of the municipal corporation, the sale of beer or intoxicating liquor in glass containers that exceed a specified number of ounces. The bill has been referred to the House Local Government & Townships Committee. HB 275 PFDPF BENEFITS (Vesper) Am. 742. Increases benefits paid to surviving souses of members of the Police & Firemen's Disability & Pension Fund; eliminates the cost-of-living allowances that apply to certain PFDPF members and declares an emergency. The bill will be effective 317/2000. HB 283 BIENNIAL BUDGET (Thomas) Am, En. & Rep. 101, 109, 111, 117, 118, 120, 122, 124, 125, 126, 127, 131, 166, 173, 307, 329, 901, 924, 1155, 1163, 1181, 1309, 1508, 1507, 1509, 1513, 1521, 2305, 2949, 3109, 3353, 3383, 3701, 3702, 3704, 3721, 3734, 3742, 3745, 3748, 3750, 3773, 3793, 4105, 4115, 4117, 4163, 4301, 4511, 4703, 4713, 4717, 4723, 4725, 4729, 4730, 4731, 4732, 4736, 4741, 4747, 4759, 4766, 4773, 4905, 4937, 4981, 5101, 5107, 5112, 5115, 5123, 5139, 5502, 5703, 5709, 5733, 5739, 5743, 5749, 5907, 5919 & 6109. Makes operating appropriations for the biennium beginning July 1, 1999 and ending June 30, 2001 and provides authorization and conditions for the operation of state programs. The bill was signed by the Governor 6/30/99. There were two provisions in the bill that were requested vetoes from OML. The first request for a veto was the public utility right of way language 4939.01-4939.04 that was included in the Conference Committee report. This veto request was not granted. The second request for veto centered on the reduction of the inventory tax. This veto request was also not granted. THIS BILL CONTAINS THE PUBLIC UTILITY RIGHT OF WAY AMENDMENT. THIS LANGUAGE IS BEING CHALLENGED IN A SUIT BROUGHT BY UPPER ARLINGTON AND DUBLIN AND SUPPOSEDLY WILL BE HEARD IN AUGUST. HB 288 SET-ASIDE CONTRACTS (Williams) Am. 121, 122, 123, 125, 135, 153, 164, 166, 169, 307, 340, 351, 3354, 3355, 3357, 3358, 3383, 3734, 4115, 4301, 4503, 4582, 4981, 5111 & 5126. Changes the term "minority business enterprise" to "challenged business enterprise" for purposes of the laws governing public contract set asides, minority business development loans, and minority business bonds; revises the definition of and criteria for becoming certified as a challenged business enterprise; limits the permissible period of certification as a challenged business enterprise to five years; renames the Minority Development Financing Development Board the Challenged Business Development Financing Advisory Board and renames the Minority Business Development Division the Challenged Business Development Division; and eliminates the programs for public contract set asides, challenged business development loans, and challenged business development bonds ten years after the effective date of this act. The bill has been referred to the House Criminal Justice Committee. HB 290 SEAT BELT USAGE (Peterson) Am. 4513. Makes a seat belt violation a primary offense that is enforceable as any other traffic offense and limits the search authority of a law enforcement officer who stops a vehicle for a seat belt violation. The bill has been referred to the House Transportation & Public Safety Committee. HB 295 Y2K LIABILITY IMMUNITY(Terwilleger) Am. 1710, 2743, 2744, 3345, 4113 & 5101. Provides immunity from liability to the state and to political subdivisions from harm relating to the Year 2000 computer problem. The bill has passed out of Committee and is awaiting a House floor vote. This bill was included in HB 238. HB 298 SMOKING RULES (Schuler) Am. 3709. Requires that any orders or rules enacted by a board of health related to smoking be adopted by the legislative authority of a municipal corporation or township before those orders or rules are effective within the boundaries of that political subdivision. The bill has been referred to the House Local Government & Townships Committee. The bill has passed the House floor and is awaiting referral in the Senate. HB 303 UNFUNDED MANDATES (Buchy) En. 105. Creates the Local Government Mandates Commission; requires the Commission to conduct hearings and determine whether an unfunded mandate has been imposed upon a political subdivision, court, or state institution of higher education; exempts those entities from implementing unfunded mandates under certain conditions; and abolishes the Commission on December 31, 2002. The bill has passed out of Committee and is awaiting a House floor vote. HB 310 9-1-1 SERVICE (Mead) Am. & En. 2913, 4931 & 5727. Provides for enhanced wireless 9-1-1, including requirements for its operation, administration, funding, and regulation and permits a telephone company that is a wireline service provider to fund through an existing excise tax credit mechanism the total nonrecurring rates and charges for an updating and modernization of the wireline telephone network portion of a 9-1-1 system or a modification of that telephone network to provide wireless 9-1-1 service. The bill has been referred to the House Public Utilities Committee. HB 359 PUBLIC WORKS CONTRACTS (Krebs) Am. & Rep. 123, 153, 307, 715, 3318, 3354, 3355, 3357, 3747 & 5911. Eliminates the general requirement that a public agency award separate contracts for each separate and distinct trade or kind of labor on a public works project; revises the bidding and contracting requirements applying to community college districts, state community college districts, university branch districts and technical college districts; increases the bidding threshold on state public works projects from $10,000 to $50,000. The bill was referred to the House Commerce & Labor Committee. HB 364 THEFT IN OFFICE (Goodman) Am. 2921. Increases the penalty for theft in office in all cases to a felony in the third degree. The bill has been referred to the House Criminal Justice Committee. HB 368 SPECIAL IMPROVEMENT DISTRICTS (Schuler) Am. & En. 1710. Expands the types of permissible provisions of initial services plans for special improvement districts law, clarifies the meaning of a church and church property for purposes of the special improvement districts law, increases the time for providing notices to property owners under that law, and requires property owners to give transferees notices under that law. The bill has passed the Senate and is awaiting the Governor's signature. HB 388 MUNICIPAL TAXATION (Grendell) Am. 718. Prohibits any municipal corporation other than the municipal corporation of residence from levying a new tax on the income of an individual. The bill has been referred to House Ways & Means Committee. HB 393 EXCAVATION CALL SYSTEM (Olman) En. and Repeals 3781. Provides for the establishment and operation of a single, statewide, one-call notification system as a means of preventing or minimizing damage to subsurface facilities as a result of excavations occurring in this state. The bill has been referred to the Local Government & Townships Committee. HB 397 MUNICIPAL DEVELOPMENT (Schuler) En. 763. Permits municipal corporations to create a municipal development commission to act as an urban renewal and redevelopment agency for the municipal corporation. The bill has been referred to House Ways & Means Committee. HB 404 AGRICULTURE USE (Krebs) Am. & En. 163, 307, 901, 929, 1514, 5301, & 5713. Revises the statutes governing the current agricultural use valuation property tax program, permits, under specific conditions, the purchase of agricultural easements with recoupment charges from that program, and revises the statutes governing agricultural districts. The bill has been referred to the House Agriculture & Natural Resources Committee. HB 434 CONTRACT CERTIFICATION (Buehrer) Am. & En. 715, 3781 & 4740. Requires statewide certification of specified contractors and makes additional modification to the Construction Industry Certification Law. Passed the House and has been referred in the Senate Insurance, Commerce & Labor Committee. HB 440 LAW LIBRARIES (Womer Benjamin) Am., En. & Rep. 733, 1901, 2905, 1907, 2335 & 3375. Modifies the provisions governing the distribution of fines, penalties, and forfeited bail to law library associations. The bill has been referred to the House Local Government & Townships Committee. HB 443 PERS RETIREMENT INCENTIVE (Gerberry) Am. 145. Allows a member of the Public Employees retirement System to participate in a retirement incentive plan without having attained the age of retirement eligibility if the member agrees to terminate employment and retire on reaching that age. The bill has been referred to the House Health, Retirement, & Aging Committee. HB 449 ANNEXATION (Callender) To amend section 709.16 of the Revised Code relative to the annexation of municipally owned property by municipal petition where the property is to be transferred back to prior owners within a certain period of time after annexation. The bill has been referred to the House Local Government & Townships Committee. HB 473 INVESTMENT AUTHORITY (Myers) To amend sections 135.14, 135.18, 135.181, 135.33, 135.35, 135.37, 321.16, and 321.17 of the Revised Code to modify the investment authority of counties and political subdivisions relative to the collateral requirements applicable to the receipt of public funds and the investment of public funds in repurchase agreements; to modify the designation period of public depositories by county commissioners; to authorize a political subdivision to retain the services of an investment advisor; to authorize electronic presentment of warrant information to a county treasurer; and to make related changes. The bill has passed both Houses and is awaiting the Governor's signature. HB 477 INCOME TAX AUTHORITY (Mottley) Am & En. 718, 733 & 5703. Modifies the authority of municipal corporations to impose income taxes. The bill has been signed by the Governor . HB 483 ELECTRIC UTILITY TAXATION (Mottley) Am. & En 718. Prescribes a uniform set of procedures for municipal taxation of electric companies. The bill has passed both Houses and is awaiting the Governor's signature. HB 490 PUBLIC PROJECT PAYMENTS (Willamowski) Am. 153. Modifies the time period within which a lawsuit must be brought to recover money due to any person for labor or work performed or materials furnished in a public improvement project. Referred to House Civil & Commercial Committee. HB 491 CONSTRUCTION CONTRACTS (Willamowski) Am. 4113. Specifies that a construction contract containing a provision subjecting the contract to the laws of another state is void. Referred to House Commerce & Labor Committee. HB 516 RAILROAD CROSSINGS (Damschroder) Am. & En. 5589. Allows a sheriff or a chief law enforcement officer of a municipal corporation to designate a railroad grade crossing as a no stop emergency crossing and prohibits a railroad company and the conductor or other person in charge of a train from obstructing an emergency crossing. referred to House Transportation & Public Safety. HB 531 CEMETERY FEES (Hollister) Am. 3705 and 4767 of the revised Code. Exempts certain political subdivisions from the requirement of paying a cemetery registration fee and makes changes to the law governing fees for the issuance of burial permits. The bill has passed both Houses and is awaiting the Governor's signature. HB 545 TORT ACTIONS (Logan) Am. & En. 3746. Establishes an immunity from tort actions for nonprofit corporations under certain circumstances pertaining to voluntary actions and provides immunity from civil and criminal actions pertaining to voluntary actions for political subdivisions and special improvement districts. The bill has been referred to the House Civil & Commercial Law. HB 549 PUBLIC IMPROVEMENTS (Terwilleger) Am., En. & Rep. 1, 133, 315, 5555, 6103 & 6117. Modifies certain road improvement and water supply, sanitary, and drainage facilities laws to permit permanent improvements to be made more efficiently and effectively by simplifying, clarifying, and supplementing the procedures for constructing and financing them. The bill has been referred to the Senate Insurance, Commerce & Labor Committee. HB 553 RAILROAD TRESPASS (Jolivette) Am. 4999. Creates the offense of criminal trespass upon a railroad track. The bill has been referred to the House Transportation & Public Safety. HB 555 RAILROAD CROSSING (Cates) Am. 4511. Increase the fine that courts may impose on persons in connection with railroad grade crossing violations, to require persons issued citations for railroad grade crossing violations to appear in court, and to create the Railroad Safety Education Fund in the state treasury. The bill has been referred to the House Transportation & Public Safety. HB 565 RESIDENCY REQUIREMENT (Young) Am. & En. 9, 505, 733 & 737. Specifies that state law does not require a municipal corporation fire chief or village fire prevention officer to be a resident or elector of the municipal corporation, does not require a township fire chief or fire prevention officer to be a resident of the township, and does not require a township fire district fire chief, joint fire district fire chief, or fire and ambulance district fire chief to be a resident of the township fire district, joint fire district, or fire and ambulance district. The bill has been referred to the Senate State and Local Government and Veterans Affairs Committee. HB 623 RETIREMENT PLANS (Cates) Am. & En. 143, 145, 742, 2907, 2921, 3307 & 3309. Establishes a new defined contribution retirement plan for certain public employees who are elective officials or are in the states unclassified civil service in positions exempt from collective bargaining. The bill has been referred to the House Health, Retirement & Aging Committee. HB 627 WORKERS COMPENSATION (Mottley) Am. 4123. Permits public employers, other than the state, to become self-insuring employers for purposes of the Workers Compensation Law. The bill has been referred to the House Commerce & Labor Committee. HB 628 PERS BENEFITS (Hollister) Am., En. & Rep. 124, 145, 306, 308, 2329, 2907, 2921, 3105, 3375, 3381 & 6121. Increases certain benefits paid by the Public Employees Retirement System (PERS), provides that the annual cost of living increase paid to retired PERS members and their survivors will be three per cent, allows PERS to establish a defined contribution retirement plan, and relocates the provisions governing the Ohio Deferred Compensation Program. The bill has passed both Houses and is awaiting the Governor's signature. HB 632 PERS SERVICE CREDIT (Kilbane) Am. 145. Permits any member of the Public Employees Retirement System who resigned due to adoption of a child to purchase up to one year of service credit. The bill has been referred to the House Health, Retirement & Aging Committee. HB 633 PARK EMINENT DOMAIN (Taylor) Am. 511, 755 & 1545. Eliminates the right of the appointed boards of park commissioners of metropolitan park districts, municipal corporations, and township park districts to acquire, through an exercise of eminent domain authority, land for park use. The bill has been referred to the House Local Government & Townships Committee. HB 635 INVENTORY TAXATION (Britton) En. 5709. Exempts inventory located in a federally designated empowerment zone from property taxes. The bill has been referred to the House Ways & Means Committee. HB 655 POLICE & FIRE PENSIONS (Schuring) Am. 742. Provides that the annual cost of living increase paid to retired members and beneficiaries of the Ohio Police and Fire Pension Fund will be three per cent. The bill has been referred to the House Health, Retirement & Aging Committee. HB 672 MANUFACTURED HOUSING (Peterson) Am. 319, 321, 323, 4501, 4503, 4505, 4513 & 4517. Specifies the application date of certain provisions of Am. Sub. SB 142 of the 122nd General Assembly and makes other clarifications regarding the taxation of manufactured and mobile homes. The bill has been referred to the House Ways & Means Committee. HB 692 ESTATE TAX REPEAL (Trakas) Am. & En. 129, 1339, 1555, 2113, 5528 & 5731. Repeals the estate tax for the estates of the decedents dying on or a July 1, 2000 except the estate tax that "pick up" certain federal estate tax credits, requires the Tax Commissioner to make payments to municipal corporations and townships over a five year period to replace a portion of revenue lost due to the elimination of the estate tax and makes an appropriation. The bill has been assigned to the House Ways & Means Committee. HB 706 STATE MANDATES (Buchy) Am. & En. 101 & 103. Requires the termination of an unfunded state mandate created on or after the effective date of this act no later than six years after the date of its creation unless it is renewed and requires the Legislative Budget Officer to determine whether a local impact statement should be prepared for a bill for which no local impact statement was initially prepared but which is amended in committee. The bill has been referred to the House State Government Committee. |