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Ohio Municipal League
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Columbus, Ohio 43215


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No. 20                                                                                          August 9, 1999

PLEASE CIRCULATE THIS BULLETIN TO YOUR COUNCIL, DEPARTMENT HEADS & STAFF
TOWNSHIPS BEGIN ASSAULT ON MUNICIPAL INCOME TAX

In this era of "no new taxes and cut the ones we've got," a group of southwestern Ohio township officials have come up with an even better idea. They want everyone in Ohio, whether they live in, work in or even pay a city income tax, to cut municipal income taxes by making those taxes only apply to residents of a community. The idea comes from the Southwestern Ohio Township Association (SWOTA) in the form of a request to the Attorney General for her approval of language as the first step in SWOTA's effort to launch a petition drive to put before Ohio voters in November, 2000 a constitutional amendment that would ban the taxing of income by a local government "except in the city, village or township in which (a person) resides as provided by state law."

Politically, this is a beautiful thing for those township officials who wish to cut their constituents taxes without losing any township tax dollars. In the name of "taxation without representation," their petition drive gives voice to those township residents who pay no municipal taxes but always wished they could vote against the big city next door. It also allows those who live outside a municipality, but who rely on the presence of the city or village for their livelihood, to get a free lunch.

If such an issue passed, those folks who work in a municipality but live outside could continue to rely on the municipal police and fire service to make sure their workplace is safe and intact when they drive to work each morning on streets cleared and maintained for them by municipal street and snow crews, without paying a dime. At noon, perhaps they can walk over to the municipal park and eat their free lunch. After work, they can walk safely to their car, get in and drive back out of the city secure in the knowledge that they are not only no longer taxed without representation, but have much of the services they rely on paid for by those yokels who live inside the municipality. For this group of folks, being on the dole of municipal taxpayers may sound like a great idea.

However, this stupid idea does have some downsides.

First, the passage of such an amendment is not only unfair, but impractical. Most arguments over the reduction of taxes usually bear some relationship between the need for revenue and the need for expenditures. Recent federal and state government discussions of even marginal tax reductions have first begun with an assumption that both governments in today's economy have more money than they need to fund necessary programs. The disagreements in those discussions have come over which expenditures are necessary and, thus, how much real surplus exists. The townships would have us debate de facto reductions in revenue without any consideration of what that reduction will mean to municipal services. The last time we visited this issue we asked municipalities what that impact would be.

Though the responses all summed up devastating dollar results, one cogent response from a major city said, "Sure we can live with that. We just won't have a fire department."

Second, equity cannot be judged in a vacuum; nor can it be fitted with a dated slogan to look like a new suit of clothes. The "taxation without representation" of colonial days was not what American revolutionaries were protesting. Representation in the English parliament was the last thing American revolutionaries wanted for in such a scheme they would have constantly been outvoted and would have ended up paying as much or more in British taxes. What they wanted was no representation, no taxation and no services from the British. What the township proposal asks for is no taxation and free services. Not quite the same thing.

Third, we cannot think of any possible way to end the existence of townships and drive forward the cause of urban sprawl than to pass this proposal. By reducing the general fund budgets of hundreds of cities and villages by 33% to 70%, which this proposal would do, services will be reduced and/or taxes will go up to shore up those services.

Deteriorating streets, reduced safety, increased crime, elimination of emergency medical and other services, closed swimming pools, unmaintained parks, lower property values, ancillary and severe damage to other systems of services, such as city and village schools, and higher taxes are all real possibilities for many cities and some villages should this amendment make it to the ballot and pass. When those things happen something very simple happens.

People move out of places where bad things happen and where it costs you more to have those bad things happen to you! And when those bad things are happening to central cities, first ring and outer ring suburbs all at once, which would be the impact of this amendment, "moving out" means moving to the unincorporated areas of Ohio. And those moving out will be doing so with expectations; expectations of services and all that they used to have in the city.

Pity the poor township trustee who doesn't see those new voters coming and understand what their expectations are. Pity that poor township trustee for he or she will most likely not be on council when those new voters move to incorporate their new hometown into a full service government.

Finally, we find it ironic that the officials pushing for this idea somehow tie the idea in with their perceptions of the atrocities of annexation.

As one township official put it, "Municipalities do not respect our borders. They annex property from townships on the promise that they will offer property tax abatement...Then they tax everybody who works there." Aside from our wonderment at making every annexation sound like an invasion of a neighboring country, you simply have to ask if the passage of this amendment would lessen the pressure on a municipality to annex? Ironically and obviously, the answer is "no." A municipality with its back against the wall financially is going to do everything it can to annex new housing to gain new residents who will pay the income tax envisioned by this amendment. The municipality will also increase its efforts to annex new and existing business for their net profits and property taxes. The amendment will lessen the revenue from some annexations, but it will drive up the need for annexation by leaps and bounds.

All that being said, we think devastating the budgets of hundreds of municipalities so a few township officials can take credit with their voters for cutting the tax revenue and services of another jurisdiction is the height of political cynicism. The League could use estimates of what this proposal would do to your municipality's budget. We think those estimates will also be something you'll need as questions begin to arise in your community about this issue.

SOLID WASTE MANAGEMENT DISTRICT FEES

Ohio EPA has recently published a study entitled "Solid Waste Management District Fee Summary: 1989-1997". I strongly suggest that you obtain a copy and review how your and other SWMD’S are collecting and spending the fees they charge. Last session of the General Assembly, criticism of some startling year end balances both overall and in certain districts surfaced. After a cursory review of the report the year end balance for all districts is on the increase. This figure has strongly risen from $44,389,260 in 1994 to $53,020,071 in 1997. Maybe you should ask your SWMD’s administrator why?

LOCAL LAW ENFORCEMENT GRANT APPLICATIONS NOW AVAILABLE

The Fiscal Year (FY) 1999 application period for the Local Law Enforcement Block Grant (LLEBG) Program opens to all eligible applicants from July 22, 1999 to September 2, 1999. It is important to note that the application period will not be extended beyond this six-week deadline.

The application process for FY 1999 funding will be completed on the Office of Justice Program's new on-line Grants Management System (GMS). This new Internet based system is a dramatic change from the traditional application format that has been utilized in previous years.

The list of FY 1999 eligible applicants is located on the BJA home page. To access the eligibility list, log on to the Bureau of Justice Assistance home page at http://www.ojp.usdoj.gov/bja and then click on LLEBG. The link to the eligibility list is located at the bottom of the LLEBG page. Information provided by the National League of Cities.

BILLS INTRODUCTIONS OF THE 123RD GENERAL ASSEMBLY AS OF 8/5/99

SENATE BILLS

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 passed the both Houses of the General Assembly and is awaiting the Governor's signature.

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 assigned to the Senate Ways & Means Committee.

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 has both Houses and is awaiting the Governor's signature.

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 been assigned to the Senate Ways & Means Committee.

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 been referred to the Senate Ways & Means Subcommittee.

SB 158 PROPERTY FORFEITURES (Shoemaker) Am. & Rep. 505, 715, 3929, 5722, & %723. 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 State and Local Government and Veterans Affairs.

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.

HOUSE BILLS

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 has been referred to the Senate Energy Natural Resources & Environment Committee.

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 been referred to the House Insurance Committee.

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 has been referred to the House Health, Retirement, & Aging Committee.

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.

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 out of Committee and is awaiting a House floor vote.

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 been referred to the House Local Government & Townships Committee.

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 the Local Government & Townships 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.