OML ANNUAL CONFERENCE IS HERE!
If you haven't registered to attend OML's annual conference, this is your last chance! The conference is happening next week form November 1st-3rd at the Columbus Renaissance Hotel. The annual conference is a great opportunity to hear from dynamic guest speakers, attend pertinent workshops dealing with municipal issues from A-Z and meet with legislators and other local officials alike. Click
HERE
to register. We look forward to seeing you there!
BILL ALLOWS ALL MUNICIPALITIES TO COLLECT GARBAGE FEES
SB 181, sponsored by Sen. O'Brien (D - Bazetta) and Sen. Yuko (D - Richmond Heights) had its first hearing before the Senate Ways and Means Committee this week. The bill would authorize all municipal corporations that charge a garbage collection fee to certify unpaid amounts to the county auditor, who must enter the fees on the property tax list to be collected in the same manner as real property taxes.
When authorized, a municipality can deal with unpaid municipal garbage fees this way: the unpaid amounts, which are certified to the county auditor via municipal ordinance, then become a lien on the property in order to then to be collected in the same manner as real property taxes. During his sponsor testimony, Sen. O'Brien explained that due to an oversight in the law, people living in municipalities located in one of the two non-chartered counties in the state can essentially dodge paying municipal garbage fees due to a lack of a "uniform, state-level mechanism for the collection of these fees across all municipalities."
The League appreciates the creation of a mechanism by which all municipalities, regardless of the county in which they reside, are able to collect the fees they are owed. We are grateful Sen. Yuko and Sen. O'Brien have elected to correct this discrepancy and we will continue to report the progress of this bill as it moves through the legislative process. When the bill is scheduled for a second hearing, we will alert our members of the opportunity to join OML in supporting the legislation by offering proponent testimony.
TWO PREEMPTION PIPE BILLS HEARD BEFORE HOUSE AND SENATE COMMITTEES THIS WEEK
Not one, but two bills preempting local authority over pipe material bids were heard before committees in both legislative chambers this week. The first, HB 121, is sponsored by Rep. Edwards (R - Nelsonville) while the second, HB 96, is sponsored by Sen. Terhar (R - Green Township). Both bills would require a public authority to consider all piping materials that meet the engineering specifications for a state-funded water or waste water project.
The legislation would preempt a municipalities' authority to receive and review bids only for those piping materials that the municipality deem safest and most cost-effective. Both bills mandate that local governments "shall" consider all piping materials - language that, as legislators pointed out during SB 95's proponent testimony, opens up municipalities to lawsuits as well as creates a massive, unnecessary administrative burden for local officials.
Included in the shortcomings in the legislation is the fact that in an emergency situation where a water main or sewer line breaks, municipalities would still be required to bid for materials. Lawmakers said they couldn't see why this decision couldn't stay in the hands of local officials.
OML, along with other interested parties, has been made aware of proposed amendment language for HB 121 that is concerning. If this proposed language is adopted, it would further restrict local decision-making while making municipalities even more vulnerable to litigation.
We encourage our members to contact their legislators to voice their opposition to both pieces of legislation and to preserve the ability of local leaders to rightly manage these critical decisions. We will let our members know when the next hearing is set for either bill with an invitation to come and testify in opposition to this ill-advised legislation.
THIS WEEK IN COMMITTEE HEARINGS
Several bills impacting municipalities were heard in committees this week:
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HB 343 - PROPERTY VALUES. Sponsored by Rep. Merrin (R - Monclova Township), the bill requires local governments that contest property values to formally pass an authorizing resolution for each contest and to notify property owners. During his sponsor testimony before the House Ways and Means Committee, Merrin explained that while few public entities contest property values, he believes there needs to be standards set for contracts awarded to the attorneys hired to contest property values and that mandating a legislative body to pass a resolution authorizing each contract will provide accountability. During questioning, several representatives expressed concern at the hours legislative bodies would spend formally passing resolutions for each property value contest. Opponents to the bill have voiced concerns that in addition to the drain on time for elected officials, voting on each complaint could give the impression that some contracts will be favored over others.
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HB 371 - PROPERTY TAX. Also sponsored by Rep. Merrin (R - Monclova Township), the bill would exempt from property taxation the increased value of land subdivided for residential development until construction commences or the land is sold. During sponsor testimony before the House Ways and Means Committee, Merrin said that by precluding land from increased taxation for a time would incentivize home builders who would otherwise not build due paying increased property taxes while they waited for homes to sell would mean increased revenue from property taxes down the road.
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HB 291 - GOVERNMENT INSURANCE. This bill, sponsored by Rep. Wiggam (R - Wooster), would authorize counties, townships, and municipal corporations to purchase an employee dishonesty and faithful performance of duty insurance policy, instead of a bond, for protection from loss due to the fraudulent or dishonest actions of, and the failure to perform a duty prescribed by law by, an officer, official, employee, or appointee for which a bond is required by law. The committee heard proponent testimony in the House State and Local Government Committee. Chair Rep. Anielski (R - Walton Hills) informed the committee that two amendments had been received but would not be discussed before the committee until the hearing next week. OML's Executive Director Kent Scarrett submitted written testimony in support of the bill, which you can read
HERE
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HB 263 - OUTDOOR DINING AREAS. This bill, sponsored by Rep. Lanese (R - Grove City), would generally allow an owner, keeper, or harborer of a dog to take the dog in an outdoor dining area of a retail food establishment or food service operation. The legislation preempts the abilities of local public health officials to make those decisions. Two owners of services dogs said in written testimony to the House Economic Development, Commerce and Labor Committee that allowing untrained dogs on restaurant patios would create problems for their service dogs as well as for other diners on the patio.
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HB 312 - POLITICAL SUBDIVISION SPENDING. This bill, which we have detailed in previous bulletins, is sponsored by Rep. Greenspan (R - Westlake) and Rep. Schuring (R - Canton). The legislation would set regulations for the use of credit cards and debit cards by political subdivisions. During its fourth hearing before the House Government Accountability and Oversight Committee, school officials argued the regulations are an unnecessary burden to treasurers.
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SB 127 - WASTE COLLECTION VEHICLES. Sponsored by Rep. LaRose (R - Hudson), this bill would require motor vehicle operators to take certain actions upon approaching a stationary waste collection vehicle collecting refuse on a roadside. During its fourth hearing, the bill was favorably reported out of the Senate Local Government, Public Safety and Veterans Affairs Committee.
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SB 195 - DOGS LAW. This bill, sponsored by Sen. Beagle (R - Tipp City), would revise provisions of the Dogs Law governing nuisance, dangerous, and vicious dogs, to revise enforcement of that law, and to establish a notification process regarding complaints of certain violations of that law. This bill gives local authorities the ability to deal with vicious dogs, presumably before a vicious dog seriously injures someone. The bill, during its second hearing in the Senate Judiciary Committee, heard proponent testimonies from people voicing their support for giving local dog wardens and prosecutors more ability to prevent vicious dog attacks before they happen.
PEP OFFERS NEW VALUABLE SERVICE FOR MEMBER MUNICIPALITIES
The Public Entities Pool of Ohio (PEP) has announced they will now be providing their members with access to Law Enforcement Policies and online training.
PEP, a partner in OML's service corporation and the endorsed insurance pooling agency for our members, i
s partner
ing with law enforcement vendor Legal & Liability Risk Management Institute (LLRMI). Their product will provide access to policies as well as online training on federal law, Ohio law, and the Ohio Collaborative Community-Police Advisory Board polities.
Members will have access to more than
75 sample policies and forms they can download and customize. Any time a policy or form is changed, members be notified to ensure they always have access to the most current polices and forms.
Additionally, members will have access to more than 150 short, relevant online training modules on law enforcement. T
rain
ing can take place at the convenience of the user, who will have access to 24/7 online technical support.
Members interested in using these valuable services can click HERE
. Go to "
Loss Control Resources", t
hen
to "Law Enforcement Resources" to register.
