April 8, 2018
OML UPDATE AT-A-GLANCE
Here are the top three things you need to know from this past week:
- The Department of Health has announced it will be granting $176,000 to providers and public health agencies for the purpose of either creating or expanding Project DAWN programs. These programs distribute naloxone kits. Last year, they distributed of 19,000 kits, which were responsible for reversing approximately 1,400 overdoses.
- The Department of Commerce has announced that despite the projected launch date of the medical marijuana program by September 8th, not all products or all 57 dispensaries will be available to patients by that deadline.
- Ohio Auditor of State Dave Yost has released a report called The Path Out of the Red: How to Avoid and Escape Fiscal Emergency, listing 17 local governments in current fiscal emergency, 15 of which are municipalities. The office has released 62 local governments from that description. The report also says the average time a local government spends time in fiscal emergency is 4.7 years. You can access the report and read more about what it contains in our article below.
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:
- Southeast: Friday, May 18th at the Ohio University Conference Center in Athens.
- Southwest: Friday, June 8th at the Manor House Banquet Center in Mason.
- Northeast: Friday, June 29th at the Pro Football Hall of Fame in Canton.
- Northwest: Friday, August 17th at the Hancock Hotel in Findlay.
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
- HB 578 - INJECTION WELLS. Sponsored by Rep. Holmes (D - McDonald) and Rep. O'Brien (D - Warren), this bill would establish new setback requirements applicable to new Class II injection wells and to require thirty-seven and one-half per cent of the out-of-district injection well fee to be paid directly to the municipal corporation or township in which the injection well is located.
- HB 583 - LOCAL LICENSING. Sponsored by Rep. Henne (R - Clayton), this bill would limit the occupational license and registration requirements and fees that a political subdivision may impose on state-regulated occupations, establish a waiver exempting certain persons from paying occupational license or registration fees, and revise the licensing restrictions applicable to individuals convicted of criminal offenses.
COMMITTEE SCHEDULE FOR THE WEEK OF APRIL 8, 2018
Tuesday, April 10, 2018
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SENATE PUBLIC UTILITIES
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Tue., Apr. 10, 2018, 10:30 AM, Senate Finance Hearing Room
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Sen. Beagle: 614-466-6247
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MUNICIPAL WATER-WORKS ACQUISITIONS (GINTER T, ROGERS J) To govern acquisitions of municipal water-works and sewage disposal system companies by certain larger nonmunicipal water-works or sewage disposal system companies.
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First Hearing, Sponsor Testimony
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Report(s):
My Tracked Bills, OML Legislative Report
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SMALL CELL WIRELESS (SMITH R, LATOURETTE S) To modify the law regarding wireless service and the placement of small cell wireless facilities in the public way.
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Fourth Hearing, All Testimony, AMENDMENTS
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Report(s):
My Tracked Bills, OML Legislative Report
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HOUSE ECONOMIC DEVELOPMENT, COMMERCE AND LABOR
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Tue., Apr. 10, 2018, 1:30 PM, Hearing Room 113
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Rep. Young: 614-644-6074
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EMS WORK HOURS (PATMON B) To limit the hours worked in a work shift and to require work breaks for emergency medical service providers.
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First Hearing, Sponsor Testimony, SUBSTITUTE BILL
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Report(s):
My Tracked Bills, OML Legislative Report
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HOUSE FEDERALISM AND INTERSTATE RELATIONS
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Tue., Apr. 10, 2018, 4:00 PM, Hearing Room 115
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Rep. Roegner: 614-466-1177
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OFF DUTY FIREARM CARRY (HOUSEHOLDER L, LANESE L) To permit law enforcement officers to carry firearms off duty in places otherwise prohibited for concealed handgun licensees.
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Fourth Hearing, All Testimony, POSSIBLE VOTE
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Report(s):
My Tracked Bills, OML Legislative Report
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Wednesday, April 11, 2018
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SENATE WAYS AND MEANS
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Wed., Apr. 11, 2018, 9:00 AM, South Hearing Room
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Sen. Eklund: 614-644-7718
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DISASTER RELIEF ACT (RYAN S) To create the Disaster Relief Act to exempt out-of-state disaster businesses and qualifying out-of-state employees from certain taxes and laws with respect to disaster work on critical infrastructure performed in this state during a declared disaster.
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Second Hearing, All Testimony
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Report(s):
My Tracked Bills, OML Legislative Report
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SENATE PUBLIC UTILITIES
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Wed., Apr. 11, 2018, 9:15 AM, Senate Finance Hearing Room
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Sen. Beagle: 614-466-6247
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SMALL CELL WIRELESS (SMITH R, LATOURETTE S) To modify the law regarding wireless service and the placement of small cell wireless facilities in the public way.
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Fifth Hearing, All Testimony, AMENDMENTS/POSSIBLE VOTE
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Report(s):
My Tracked Bills, OML Legislative Report
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TAX EXPENDITURE REVIEW COMMITTEE
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Wed., Apr. 11, 2018, 10:00 AM, Senate Finance Hearing Room
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Sen. Scott Oelslager: 614-466-0626
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Committee will review the following tax expenditures: - Sales to churches and certain other nonprofit organizations - Sales to the state, and of its political subdivisions and certain other states - Sales by churches and certain other nonprofit organizations - Tangible personal property used primarily in manufacturing tangible personal property - Packaging and packing equipment
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SENATE GOVERNMENT OVERSIGHT AND REFORM
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Wed., Apr. 11, 2018, 10:00 AM, Senate Finance Hearing Room
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Sen. Coley: 614-466-8072
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THEFT IN OFFICE PENALTIES (WILSON S) To expand the increased penalties for theft in office based on the amount of property or services stolen and to include as restitution certain audit costs of the entity that suffered the loss involved in the offense.
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First Hearing, Sponsor Testimony
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Report(s):
My Tracked Bills, OML Legislative Report
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FIREARM DEVICES-PROHIBITIONS (THOMAS C) To prohibit certain conduct regarding trigger cranks, bumpfire devices, and other items that accelerate a semi-automatic firearm's rate offire but do not convert it into an automatic firearm.
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First Hearing, Sponsor Testimony
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Report(s):
My Tracked Bills, OML Legislative Report
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REGIONAL COUNCILS OF GOVERNMENTS (DOLAN M) To modify the law concerning regional councils of governments.
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Sixth Hearing, All Testimony, AMENDMENTS/POSSIBLE VOTE
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Report(s):
My Tracked Bills, OML Legislative Report
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ESTABLISH ECONOMIC STUDY COMMITTEE (HAMBLEY S, ROGERS J) To establish a Regional Economic Development Alliance Study Committee to study the benefits and challenges involved in creating regional economic development alliances.
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Fourth Hearing, All Testimony, AMENDMENTS/POSSIBLE VOTE
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Report(s):
My Tracked Bills, OML Legislative Report
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HOUSE CIVIL JUSTICE
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Wed., Apr. 11, 2018, 3:00 PM, Hearing Room 121
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Rep. Butler, Jr.: 614-644-6008
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EMERGENCY VEHICLE LIGHTS AND SIRENS (HENNE M) To modify the defense to the liability of a member of a police or fire department or emergency medical service of a political subdivision for the negligent operation of a motor vehicle in response to an emergency by requiring that the vehicle has its lights and sirens simultaneously activated.
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Third Hearing, All Testimony, AMENDMENTS/POSSIBLE VOTE
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Report(s):
My Tracked Bills, OML Legislative Report
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PLEASE CHECK MONDAY FOR ANY CHANGES TO THE COMMITTEE SCHEDULE
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