OML UPDATE AT-A-GLANCE

Here are the top three things you need to know from this past week:

 

 

REMINDER TO REGISTER FOR UPCOMING REGIONAL CONFERENCES

We want to remind our members that we are launching our first-ever Regional Conferences. Throughout the spring and summer of 2018, League staff will be bringing important elements of our Annual Conference right to the doorstep of the local leaders who serve Ohio's cities and villages.

The goal of these Regional Conferences is to alleviate the concerns of those prevented from attending our Annual Conference by either distance or time constraints. We will be condensing timely parts of our Annual Conference down to a single day of workshops, sessions and featured speakers. It is our hope that these conferences give all local officials the ability to hear speakers, attend workshops and connect with local leaders.

By way of reminder, the dates and locations for the Regional Conferences are as follows:

We encourage you to sign up as soon as possible, as space will be limited, and we look forward to seeing you there!

 

 

APPEALS COURT DENIES INJUNCTION TO MUNICIPAL CHALLENGE OF NET PROFIT CENTRALIZED COLLECTION

Last week, the 10 ^th District Court of Appeals denied the request of municipalities to stay the ruling of Judge Cain of the Franklin County Common Pleas Court while their appeal is pending.

Approximately 150 municipalities have filed a lawsuit challenging the constitutionality of the state's centralized collection of business net profit filings through the Ohio Business Gateway. The lawsuit, filed last year, was appealed after Judge Cain ruled in favor of the state and against the municipalities on the issue.

At the beginning of the initial lawsuit, an initial temporary injunction stayed the enforcement of the new law, which was passed in HB 49, the state's two-year budget operating bill. However, that injunction expired in February, meaning the law is currently in effect.

The appeals process on this litigation is just beginning, and the League will be monitoring and reporting on the legal proceedings throughout the coming weeks.

BILL INTRODUCED PROPOSING CHANGES TO FIREARM LAWS

Rep. Mike Henne (R - Clayton) has introduced a bill this week that would implement a swath of changes to current firearm laws. HB 585 appears in many ways to be the legislative form of some of the ideas for firearm law overhaul that Governor Kasich introduced last month.

The intent of the proposal, according to Rep. Henne, is to ensure that responsible gun owners maintain all their current rights involving owning a firearm while prohibiting those who should not own guns from purchasing or obtaining one.

The bill proposes allowing family members or law enforcement to petition a court to order a person to turn over their gun in the event they are deemed a threat to others or themselves. It also proposes adopting the federal definition of an automatic firearm, prohibiting the sale of armor-piercing ammunition and making it illegal to purchase firearms for a third party, a transaction known as a "strawman" purchase.

The bill would also bring state law into line with the federal designation of people who cannot possess a gun or dangerous ordnance. That definition includes people convicted of domestic violence or a felony, who were dishonorably discharged from the military or who have violated a protective order. The legislation also contains a requirement that protection orders be recorded in the federal Law Enforcement Automated Data System and National Crime Information Center databases.

The bill hasn't received a committee assignment yet and has not been slated for a hearing. The League will be tracking this bill and reporting its progress through the Legislative process. You can ready a copy of the bill HERE.

 

 

OHIO AUDITOR RELEASES REPORT ON FISCAL EMERGENCIES

A new report from the Ohio Auditor of State Dave Yost called The Path Out of the Red: How to Avoid and Escape Fiscal Emergency details the ways in which the office's Local Government Services team helps local governments either avoid or climb out of fiscal emergency. Drawing from real-life examples, the report discusses the different options - such as raising fees, cutting debt or reducing expenses - that could help each unique situation.

The report walks through the different steps and resources available to municipalities who are worried about falling into that designation, as well as for those who are working to get out from under it. You can access the report HERE.

 

ODNR REQUESTS EARLY COMMENTS ON WELLHEAD MINIMUM ACREAGE DRAFT RULE CHANGE: DEADLINE ENDS NEXT WEEK

The Ohio Department of Natural Resources has submitted a draft rule for early stakeholder comment and review. The Division of Oil and Gas Resources Management is asking for comments on a draft rule that would change the minimum acreage requirements for drilling units and the minimum distance from which a new well may be drilled from boundaries of tracts, drilling units and other wells.

The draft rule is currently in the informal review process, and comments for this phase end this Tuesday, April 10 ^th. There are two more phases - the Business Common Sense Initiative phase, where stakeholders will still be able to comment on the rule and any changes made in the informal review period. The next phase involves the rules being submitted to the Joint Committee on Agency Rule Review (JCARR). A public hearing will be scheduled where anyone affected by the rule change can present oral or written comments.

For more information on this process and the proposed rule change itself, please click HERE.

 

NEW BILLS OF MUNICIPAL INTEREST INTRODUCED THIS WEEK