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Legislative Bulletin

March 10, 2023


UPDATE AT A GLANCE

LOBBYING DAY REGISTRATION CLOSES MARCH 15

OML is inviting its members to the 2023 OML Lobbying Day that will take place on March 22. A list of scheduled Senate meetings is available here. Those attending will be responsible for scheduling a meeting with your House representative. We highly encourage you to participate, as this is a pivotal time for state legislation affecting municipalities. Register


IMPACTS OF HOUSE BILL 1 HIGHLIGHTED IN NEWLY RELEASED ANALYSES

The bill analysis and fiscal analysis on House Bill 1, legislation that would flatten the state income tax and decouple it from property taxes, was made available by the Legislative Service Commission. The bill analysis provides greater explanation of what's in the bill, and the fiscal analysis takes a closer look at the financial impact to the state and communities. The fiscal analysis highlights the loss of local revenue and increased costs to the state, while also noting the vagueness of how local entities would be kept whole. OML provided a media statement on HB1 this week, and opponent testimony on the bill is taking place at the House Ways and Means Committees' hearing on Tuesday, March 14, at 2:30 p.m. in Hearing Room 122. See more below.

Bill Analysis | Fiscal Analysis | OML Statement


MUNICIPALITIES INVITED TO TAKE ACTION ON RAIL SAFETY

OML is continuing discussions with members of the Ohio General Assembly, as well as its federal partners, to be engaged and advocate for rail-safety solutions. Municipalities are asked to sign on to a letter from the National League of Cities asking Congress to address rail safety. A PDF of the letter with the letter sign-on link is available here. If your community would like to pass a resolution urging Congress to address rail safety, there is a draft sample resolution Word document available here


OML HOSTS ENHANCED ADVOCACY WEBINAR

OML would like to thank all those who joined us in the webinar this week on our enhanced advocacy efforts. We were pleased to introduce The Montrose Group and are grateful for the many communities that have already contributed toward this effort. You can view the original announcement here.


TRANSPORTATION BUDGET AND OPERATING BUDGET HEARINGS CONTINUE

Hearings are continuing on the state operating budget and state transportation budget. Of note, the Senate Transportation committee heard testimony regarding the rail safety provisions in the transportation budget (two-man crews and wayside detectors), with the rail industry and rail unions remaining at odds. Transit agencies testified in support of the $70 million they would receive each fiscal year, as well as in support of $30 million over two years to address their workforce needs through the Regional Workforce Mobility Partnership Program.


Most notably concerning municipalities on the state operating budget, the House Finance Subcommittee on Safety heard from Attorney General Yost's office about the need for a dedicated revenue source to fund law enforcement training. The Ohio Association of Chiefs of Police testified to the same effect.


SAVE THE DATE: MEAO SPRING MEETING

The Municipal Engineers Association of Ohio -- a subsidiary organization of OML -- will be having its annual spring meeting on April 20 at the Delaware Community Center YMCA. More details are yet to come, but those who wish to be a member of the association are encouraged to complete the membership form.

IMPACTS OF HOUSE BILL 1 HIGHLIGHTED IN NEWLY RELEASED FISCAL ANALYSIS



The bill analysis and fiscal analysis on House Bill 1, legislation that would flatten the state income tax and decouple it from property taxes, was made available by the Legislative Service Commission. The bill analysis provides greater explanation of what's in the bill, and the fiscal analysis takes a closer look at the financial impact to the state and communities. The fiscal analysis highlights the loss of local revenue and increased costs to the state for its share of school funding under the current formula.


LSC noted the vagueness of how local entities would be kept whole, writing "The bill states that the legislature intends to appropriate funds to local governments affected by the bill, but does not specify details or include these appropriations."


LSC estimates:


  • The income tax cut would reduce all-funds revenue by approximately $1,734 million in FY 2024, $1,854 million in FY 2025, and increasing amounts in future years.
  • A one-time revenue loss is expected in FY 2024 resulting from revised employer withholding tables issued by the Tax Commissioner. LSC's preliminary estimate of this loss is $867 million, which would bring the all-funds revenue loss estimate to $2,601 million in FY 2024.
  • The revenue losses will be shared by the state General Revenue Fund (96.68%), the Local Government Fund, and Public Library Fund. Therefore, the revenue loss to the GRF is estimated to be $2,515 million in FY 2024 and $1,792 million in FY 2025, and the loss to both the LGF and PLF is estimated to be $43 million in FY 2024 and $31 million in FY 2025.
  • The proposed cut in the property tax assessment rate from 35% to 31.5% in tax year 2024 and inflation indexing would result in revenue losses to school districts and local governments estimated at $538 million in FY 2025 and increasing amounts in future years.
  • The bill's decreasing real property assessment rates generally are expected to increase state aid to school districts through the state foundation aid formula, offsetting local tax revenue losses to some degree beginning in FY 2026.
  • The bill's elimination of the General Revenue Fund reimbursement of the 10% property tax rollback starting in TY 2024 reduces GRF expenditures by an estimated $1,309 million per year.
  • The proposed change to the rollback for owner-occupied residences from 2.5% of most taxes levied to $125 beginning in TY 2024 may increase expenditures from the GRF to reimburse school districts and local governments for the rollback by $150 million to $180 million per year.
  • An enhanced homestead exemption for long-time, low-income residents may increase expenditures from the GRF to reimburse school districts and local governments by an estimated $121 million per year.
  • Indexing for inflation the amount exempted by the homestead exemption is estimated to increase the amount of the exemption and GRF reimbursements by about $28 million for TY 2024 and by similar amounts in years thereafter.


The bill also received proponent testimony this week from organizations such as Americans for Tax Reform, Americans for Prosperity, the Ohio Manufactured Homes Association, as well as Lebanon Mayor Mark Messer with all of them generally emphasizing the need for Ohio to be economically competitive.


OML provided a media statement on HB1 this week, and the bill is set to receive opponent testimony at the House Ways and Means Committees' hearing on Tuesday, March 14, at 2:30 p.m. in Hearing Room 122. If you are interested in testifying on this bill, please contact OML.

Bill Analysis | Fiscal Analysis | OML Statement

GOVERNOR ANNOUNCES DATA DASHBOARD ON OVERDOSE DEATHS AND SUBSTANCE USE  GRANTS AVAILABLE FOR RESIDENTIAL SUBSTANCE USE DISORDER TREATMENT



Gov. DeWine announced a new state dashboard to better track and report data on overdose deaths and substance use-related measures. The goal of the dashboard is to better investigate the best tools for preventing opioid abuse at the local level. More Info


Meanwhile, Ohio's Office of Criminal Justice Services announced that local governments with residential substance use disorder treatment programs may apply for a total of $1.2 million in federal grants through the Residential Substance Use Disorder Treatment Program. The application deadline is April 3. More Info

NEWLY INTRODUCED

BILLS OF MUNICIPAL INTEREST



Below is the list of bills that were newly introduced and that are impactful to Ohio municipalities:


HB93 - LIMITATIONS ON RECOVERY, LIEN IMPOSITION 

Sponsored by Rep. Mark Johnson (R-Chillicothe) and Rep. Riordan McClain (R-Upper Sandusky)

Regarding limitations on recovery and lien imposition by municipalities against property owners of non-owner-occupied properties for unpaid water, sewer, and disposal services rates and charges.

Bill Text


HB99 - REGULATE BENEFITS REDUCTIONS - EMERGENCY SERVICES 

Sponsored by Rep. Susan Manchester (R-Lakeview) 

To regulate the practice of reducing benefits related to emergency services if a condition is determined, after the fact, to not be an emergency.

Bill Analysis


HB101 - VILLAGE DISSOLUTION 

Sponsored by Rep. Adam Bird (R-New Richmond) and Rep. Jean Schmidt (R-Loveland)

To modify the law regarding village dissolution.

Bill Analysis


SR36 - URGE CONGRESS-TRAIN LEGISLATION 

Sponsored by Sen. Michael Rulli (R-Salem)

To urge the United States Congress to pass legislation requiring railroad companies to inform local and state government officials when trains carrying potentially hazardous materials travel through their respective jurisdictions.

Resolution Text

COMMITTEE RECAP

BILLS OF MUNICIPAL INTEREST



Below is the list of bills that received a legislative committee hearing this week and that are impactful to Ohio municipalities:


Legislation Receiving a First Hearing 


HB37 - INCREASE OVI FINANCIAL PENALTIES (Johnson, M; Miller, K) 

To increase the financial penalties for OVI and to increase the financial penalties and prison term for aggravated vehicular homicide under specified circumstances. House Criminal Justice.

Bill Analysis


HB47 - REQUIRE AEDS IN SCHOOLS (Brown, R; Bird, A) 

To require the placement of automated external defibrillators (AEDs) in each public and chartered nonpublic school and each public recreational facility and to require the Ohio Department of Health to develop a model emergency action plan for the use of AEDs. House Health Provider Services.

Bill Analysis


HB64 - EMINENT DOMAIN LAW CHANGES (Kick, D; Creech, R) 

To modify the law regarding eminent domain. House Civil Justice.

Bill Analysis


HB84 - LOWER AGE - POLICE OFFICERS (Demetriou, S; Williams, J) 

To lower the minimum age for an original appointment as a police officer from twenty-one to eighteen years of age. House Homeland Security.

Bill Analysis

 

SB22 - GENERAL ELECTION BALLOT VACANCIES (Manning, N) 

To allow a primary candidate to become a candidate at the general election by being appointed to fill a ballot vacancy under certain circumstances. Senate General Government.

Bill Analysis


SB50 - 911 SERVICE LAW CHANGES (Wilson, S; Smith, K) 

To make changes to the law governing 9-1-1 service and to repeal program requirements for emergency-service-telecommunicator training. Substitute bill accepted to address a drafting error in Senate Financial Institutions and Technology.

Bill Analysis

 

SB75 - JEDD FORMATION REQUIREMENTS (Blessing III, L) 

To allow two or more municipalities to create a joint economic development district without involving a township. Senate Local Government.


Under the bill, JEDDs could exist as two or more municipal corporations in an agreement if at least one meets two “distressed area” criteria as defined in law regarding enterprise zones. The usual township representative on the JEDD board would be replaced with a second municipal representative. The voter approval requirement for municipal-only JEDD contracts would exist for an involved municipal corporation that levies an income tax over the rate of one percent.


As with townships, municipal corporations would not have to submit a JEDD contract for voter approval if the contract was unanimously approved by its legislative authority, the standard petition requirements were met, and the territory within the JEDD was appropriately zoned to the function of the district.

Bill Analysis


Legislation Receiving Additional Hearings


HB1 - PROPERTY, INCOME TAX CHANGES (Mathews, A) 

To modify the law regarding property taxation and income tax rates. House Ways and Means, (Second Hearing).

Bill Analysis | Fiscal Analysis

 

HB23 - TRANSPORTATION BUDGET (Edwards, J) 

To make appropriations for programs related to transportation for the biennium beginning July 1, 2023, and ending June 30, 2025, and to provide authorization and conditions for the operation of those programs. Senate Transportation, (Fourth and Fifth Hearings).

Bill Analysis

 

HB31 - WORKERS' COMPENSATION BUDGET (Edwards, J) 

To amend Section 5 of S.B. 331 of the 133rd General Assembly to rename the Bureau of Workers' Compensation the Department of Workforce Insurance and Safety, to rename other entities who carry out workers' compensation functions in this state, to amend the version of section 3781.10 of the Revised Code that is scheduled to take effect on December 29, 2023, to continue the change on and after that date, and to make appropriations for the Department for the biennium beginning July 1, 2023, and ending June 30, 2025, to provide authorization and conditions for the operation of the Department's programs. House Insurance, (Third Hearing).

Bill Analysis

 

HB32 - INDUSTRIAL COMMISSION BUDGET (Edwards, J) 

To make appropriations for the Industrial Commission for the biennium beginning July 1, 2023, and ending June 30, 2025, and to provide authorization and conditions for the operation of Commission programs. House Insurance, (Third Hearing).

Bill Analysis


HB33 - FY24-25 OPERATING BUDGET (Edwards, J) 

To make operating appropriations for the biennium beginning July 1, 2023, and ending June 30, 2025, to levy taxes, and to provide authorization and conditions for the operation of state programs. House Finance Transportation Subcommittee, (First Hearing). House Finance Higher Education Subcommittee, (Sixth Hearing). House Finance Public Safety Subcommittee, (Sixth and Seventh Hearings). House Finance Agriculture, Development and Natural Resources Subcommittee, (Second and Third Hearings). House Finance Health and Human Services Subcommittee, (Ninth, Tenth and Eleventh Hearings).

Bill Analysis


HB51 - SECOND AMENDMENT PRESERVATION (Loychik, M) 

To enact the Second Amendment Preservation Act to add additional protections to the right to bear arms, to remove federal firearms law references from the state firearms control law, and to declare an emergency. House Government Oversight, (Second Hearing).

Bill Analysis


SB23 - PURCHASING AUTHORITY-CONSTRUCTION SERVICES (Lang, G) 

To expand political subdivision joint purchasing authority to expressly include purchases for construction services. Senate Government Oversight, (Third Hearing).

Bill Analysis


SB53 - MINIMUM POLICE APPOINTMENT AGE (Reynolds, M; Roegner, K) 

To lower the minimum age for an original appointment as a police officer from twenty-one to eighteen years of age. Senate Government Oversight, (Second Hearing).


OML submitted written testimony supporting the bill because it addresses the concerns of many municipalities to recruit and retain law enforcement officers. The bill is also permissive, so individual communities would be able to decide for themselves what age is appropriate. Charter communities already have the authority to decide the age of their appointed officers.

Bill Analysis | OML Testimony

COMMITTEE SCHEDULE FOR THE WEEK OF MARCH 13

 

Tuesday, March 14, 2023

 

HOUSE FINANCE INFRASTRUCTURE AND AMERICAN RESCUE PLAN SUBCOMMITTEE

Tue., Mar. 14, 2023, 10:30 AM, Hearing Room 311

Rep. Callender: 614-644-6074

 

HB33 - FY24-25 OPERATING BUDGET (EDWARDS J) To make operating appropriations for the biennium beginning July 1, 2023, and ending June 30, 2025, to levy taxes, and to provide authorization and conditions for the operation of state programs.

           First Hearing, No Testimony


 SENATE LOCAL GOVERNMENT

Tue., Mar. 14, 2023, 10:30 AM, North Hearing Room

Sen. O'Brien: 614-466-7182

 

HB52 - MEDICAL SERVICES TRAINING, CONTINUING EDUCATION (FOWLER S, JOHN M) To restore law related to emergency medical services training and continuing education programs and EMS and fire instructor certification, to amend the versions of sections 4765.10, 4765.11, 4765.30, and 4765.55 of the Revised Code that are scheduled to take effect on December 29, 2023, to continue the changes on and after that date, and to declare an emergency.

           First Hearing, Sponsor Testimony

           

SB75 - JEDD FORMATION REQUIREMENTS (BLESSING III L) To allow two or more municipalities to create a joint economic development district without involving a township.

           Second Hearing, Proponent Testimony

           

 HOUSE FINANCE TRANSPORTATION SUBCOMMITTEE

Tue., Mar. 14, 2023, 11:00 AM, Hearing Room 018

Rep. Patton: 614-466-4895

The subcommittee will hear from the following agencies:

- Ohio Public Works Commission

- Ohio Department of Taxation

- Ohio Board of Tax Appeals

- Office of the Governor

 

HB33 - FY24-25 OPERATING BUDGET (EDWARDS J) To make operating appropriations for the biennium beginning July 1, 2023, and ending June 30, 2025, to levy taxes, and to provide authorization and conditions for the operation of state programs.

           Second Hearing, Invited Testimony

           Report(s): My Tracked Bills

 

HOUSE CIVIL JUSTICE

Tue., Mar. 14, 2023, 1:00 PM, Hearing Room 122

Rep. Hillyer: 614-466-8035

 

HB64 - EMINENT DOMAIN LAW CHANGES (KICK D, CREECH R) To modify the law regarding eminent domain.

           Second Hearing, Proponent Testimony

         

HOUSE GOVERNMENT OVERSIGHT

Tue., Mar. 14, 2023, 1:00 PM, Hearing Room 121

Rep. Peterson: 614-466-3506

 

HB51 - SECOND AMENDMENT PRESERVATION (LOYCHIK M, SCHMIDT J) To enact the Second Amendment Preservation Act to add additional protections to the right to bear arms, to remove federal firearms law references from the state firearms control law, and to declare an emergency.

           Third Hearing, Opponent Testimony, AMENDMENTS

 

HOUSE ECONOMIC AND WORKFORCE DEVELOPMENT

Tue., Mar. 14, 2023, 2:00 PM, Hearing Room 114

Rep. Swearingen: 614-644-6011

 

HB3 - INTENT-AFFORDABLE HOUSING (PAVLIGA G, MCNALLY L) To formally state the General Assembly's intention to authorize an affordable housing tax credit.

           Second Hearing, Proponent Testimony, SUBSTITUTE BILL

  

HOUSE WAYS AND MEANS

Tue., Mar. 14, 2023, 2:30 PM, Hearing Room 122

Rep. Roemer: 614-644-5085

The Legislative Service Commission (LSC) will give a presentation on HB920 reduction factors.

 

HB1 - PROPERTY, INCOME TAX CHANGES (MATHEWS A) To modify the law regarding property taxation and income tax rates.

           Third Hearing, Opponent Testimony

        

HOUSE CRIMINAL JUSTICE

Tue., Mar. 14, 2023, 3:00 PM, Hearing Room 121

Rep. Abrams: 614-466-9091

 

HB56 - POLICE PURSUIT, FLEEING PENALTIES (PLUMMER P, WHITE A) To increase penalties for fleeing from law enforcement, to require law enforcement entities to have a policy governing the pursuit of a motor vehicle, and to prohibit hooning and being a spectator at a hooning event.

           First Hearing, Sponsor Testimony

           

  

Wednesday, March 15, 2023

 

HOUSE FINANCE TRANSPORTATION SUBCOMMITTEE

Wed., Mar. 15, 2023, 12:00 PM, Hearing Room 122

Rep. Patton: 614-466-4895

The subcommittee will hear from the following agencies:

- Ohio Office of Budget and Management

- Ohio Senate

- Ohio House of Representatives

 

HB33 - FY24-25 OPERATING BUDGET (EDWARDS J) To make operating appropriations for the biennium beginning July 1, 2023, and ending June 30, 2025, to levy taxes, and to provide authorization and conditions for the operation of state programs.

           Third Hearing, Invited Testimony

           

 SENATE WAYS AND MEANS

Wed., Mar. 15, 2023, 3:30 PM, South Hearing Room

Sen. Blessing III: 614-466-8068

OR AFTER SESSION

 

SB74 - ELECTRONIC TAX PAYMENTS, STATE TREASURER (GAVARONE T) Regarding the Treasurer of State and the electronic payment of taxes.

           First Hearing, Sponsor Testimony

UPCOMING EVENTS


OML Lobbying Day

8 a.m. | March 22 | Sheraton Columbus Hotel at Capitol Square

We invite you and other municipal officials from your community to join us on Capitol Square on Wednesday, March 22, 2023, to interact with legislators and discuss the issues most important to municipalities like yours.

Register


OML/OMAA Webinar: Aging in Ohio

11 a.m.-12 p.m. | March 30 | Virtual

This webinar will include a brief overview of services provided by area agencies on aging, age-friendly communities, and the Ohio Department of Transportation’s Older Road User committee. Data, trends, and resources will be provided.

Register


ODOT Webinar: Grant Writing -- How to Get Started

1-2 p.m. | March 30 | Virtual

ODOT's Local Technical Assistance Program is hosting this webinar on getting started and completing a grant proposal. Topics include reviewing and understanding application requirements, organizing application information, making your application readable, and items to consider increasing your application’s chances of funding.

Register


McDonald Hopkins Public Law Webinar: Local Governments' Eye on the General Assembly

12-1 p.m. | March 31 | Virtual

During this webinar presented by the McDonald Hopkins Public Law Practice Group, OML Executive Director Kent Scarrett and Ohio Township Association Executive Director Heidi Fought will discuss action items being advanced in Columbus and 2023-24 budgetary and legislative priorities for Ohio municipalities and townships. A one-hour CLE credit is available.

Register

MEMBERSHIP INFO: OML-Affiliated Associations


Mayors Association 2022-2023 Membership Information


YOUR OML CONTACTS:


Kent Scarrett | Executive Director

Edward Albright | Deputy Director

Bevan Schneck | Director of Public Affairs

Thomas Wetmore | Legislative Advocate

Zoë Wade | Office, Bulletin & Website Manager

Chrissy Blake | Director of Member Services

Garry Hunter | General Counsel

Michael Barhorst | Field Representative

The Ohio Municipal League | omlohio.org
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