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May 29, 2020

OML UPDATE AT-A-GLANCE
 
Here are the top three things you need to know from this past week:
 
  • The U.S. Treasury Dept. has released an updated FAQ on how federal aid from the Coronavirus Relief Fund can be used by state and local governments. You can access the updated document HERE. 
  • The League and the Ohio Municipal Attorneys Association (OMAA) will be hosting a webinar entitled "Dos and Don'ts for Municipalities Using CARES Act Funds" on Thursday, June 4 from 11 a.m.-12 p.m. The webinar will provide an overview on the terms and conditions for use of federal funds by municipalities. For more information and to register, click HERE.
  • As we alerted our members in a Call to Action earlier this week, SB 310, which would deliver critical federal funding to Ohio's local governments through the CARES Act, received a third hearing in the House Finance Committee but was not scheduled for a vote. Our members are encouraged to contact their members in the Ohio House and urge them to quickly pass SB 310 so critical federal aid can be distributed to Ohio cities and villages. You can read our Call to Action HERE.
 
 
MUNICIPAL "BAG TAX" PREEMPTION BILL PASSES SENATE, HEADS TO HOUSE FOR CONCURRENCE
 
HB 242, legislation preempting a local government's ability to impose a tax on "auxiliary containers" such as plastic bags and Styrofoam cups, passed the Senate by a vote of 23 to 9 along party lines. Before being passed by the full Senate, a sunset clause was added to the bill that would discontinue the preemption on municipalities after twelve months. The bill is now being sent back to the House for concurrence.
 
The League objects to the continued encroachment upon Home Rule by the Ohio General Assembly. HB 242 prevents local governments from working with the businesses within their jurisdiction to enact the will and policy priorities of their local communities. We will continue to work to oppose legislative preemptions against the municipal right to Home Rule.
 
 
 
NLC ANALYSIS PROVIDES BREAKDOWN STATE BY STATE OF FEDERAL AID TO MUNICIPALITIES
 
The National League of Cities (NLC) has released a breakdown of how states are allocating CARES Act funds to local governments. This document is a part of NLC's efforts to monitor how federal dollars are being sent to municipalities and how those funds are helping cities maintain local services for their communities.
 
A previous NLC report, which you can read HERE , found that municipalities are expected to have a 21.6% loss in revenue, which is approximately $134 billion. Municipalities can also expect to lose $360 billion in revenue over the next three years.
 
Of the $139 billion that was allocated for the Federal Coronavirus Relief Fund (CRF) through the CARES Act, municipalities with populations over 500,000 received $7.9 billion. However, thousands of municipalities with populations under 500,000 are still unsure as to whether they will receive CRF aid, and some states have opted not to distribute any federal aid to their cities at all.
 
While 21 states have passed legislation or have legislation pending that would sub-allocate federal funds to local governments that did not receive direct funding, 6 states have opted to only allocate monies to counties and not municipal governments. 23 states have yet to announce whether or not they plan to sub-allocate their federal funds to their local governments. You can access the breakdown HERE.
 
Additionally, NLC has released a side-by-side comparison of bills currently pending in Congress that would allocate federal funding to local governments. You can access that document HERE.
 
Finally, NLC has sent a letter to Senate Majority Leader Mitch McConnell and Senate Minority Leaders Charles Schumer requesting $125 billion in additional federal aid for local governments to ensure they can continue delivering local services, keep first responders on the job and restore their local economies. You can read the letter in full HERE.
 
 
 
HOUSE AND SENATE INTRODUCE COMPETING CAPITAL REAPPROPRIATIONS BILLS
 
This week, two different capital reappropriations bills received committee hearings in both legislative chambers. The House's capital reappropriations bill is HB 670, sponsored by Rep. Merrin (R - Monclova Twp.) (Link: ) During its first hearing pending referral before the House Finance Committee, Rep. Merrin detailed that the bill would continue funding for the departments of Public Safety, Transportation, Rehabilitation and Corrections, Job and Family Services and Youth Services, Developmental Disabilities, and Mental Health and Addiction Services. The legislation also continues funding for school building construction for K-12, the Public Works Commission and Schools for the Blind and Deaf. Funding received by the Secretary of State and the Adjutant General would be continued as well.
 
In contrast, the bill does not continue funding for colleges and universities, the Department of Natural Resources or cultural and sports facilities projects through the Facilities Construction Commission. The bill's sponsor said the bill is intended to reflect the change in priorities resulting from the COVID-19 pandemic.
 
Sen. Dolan (R - Chagrin Falls) is the sponsor of SB 316, the Senate's capital reappropriations bill. During its first hearing before the Senate Committee, State Budget Director Kimberly Murnieks testified on the bill, which includes an estimated $1.28 billion in reappropriations, nearly mirroring the previous capital budget's allocation of $1.26 billion. Dir. Murneiks said the bill does not fund new projects, but does include a handful of items in which the project circumstances changed and thereby redirected the funding to other projects.
 
Both legislative chambers will be working out the differences between the two bills over the next few weeks and it is currently unclear which bill will be the legislative vehicle for the state's capital reappropriations. The League will continue to keep our members apprised on these bills.
 
 

UPDATE ON OHIO CORONAVIRUS RESPONSE
 
  • As of Friday afternoon, Ohio is reporting 34,566 cases of coronavirus, 2,131 deaths, 5,947 hospitalizations and 1,533 ICU admissions.
 
            County/Independent Fair Updates:
 
  • Gov. DeWine's Fair Advisory Group has released guidelines for how county fair boards and agricultural societies can work with county health departments to safely operate junior fairs for kids. The decisions about county and independent fairs need to be made locally. The Ohio Department of Agriculture is in the process of distributing all state funding available for Ohio's 94 county and independent fairs. You can find the Responsible RestartOhio guidance for county fairs HERE.  
     
Nursing Home Updates:
 
  • Beginning June 8, 2020, properly prepared assisted living facilities and intermediate care facilities for individuals with developmental disabilities can begin to allow outdoor visitation. The lifted restriction do not yet apply to nursing homes.
 
  • Each facility can determine how to best implement outdoor visitations, however, at a minimum, all facilities must develop a policy that includes: screening for temperatures and symptom-reporting for visitors; scheduled hours and time limits for visits; proper social distancing measures; face coverings; Resident, family, and friend education about the risks of the spread of COVID-19. Consideration for visitors during end-of-life situations will also be expanded.
 
  • A new Congregate Care Unified Response Teams has been formed to test residents and staff members in Ohio's nursing homes. Medically-trained members of the Ohio National Guard will begin testing residents and staff within nursing homes beginning this week. This testing will help nursing home administrators gauge the status of the virus in their facilities and help isolate the virus to stop it from infecting their community. You can find more information HERE.
 
  • Testing will be conducted in facilities where residents or workers have confirmed or assumed positive cases. Testing will be conducted on all staff, and the testing of residents will be based on a clinically-driven strategy that targets those who have likely been exposed to COVID-19. 
 
  • In addition, the Congregate Care Unified Response Teams will begin the testing of all residents and staff members in the state's eight developmental centers to try to limit the spread of COVID-19 in congregate care settings. 
 
Business Updates:
 
  • COVID-19 signage and health screening questions for use with customers/clients as resources for businesses and other organizations who want to use them are available on the ohio.coronavirus.gov.
 
  • The Ohio Bureau of Workers' Compensation (BWC) is deferring Ohio employers' premium installments for the months of June, July, and August. Businesses will have the option to defer the monthly premium payments with no financial penalties. This is the second payment deferral BWC has given to employers amid the ongoing COVID-19 pandemic.
 
  • 150 Ohio companies have been approved for TechCred funding, which will help them upskill their current and incoming workforce to meet the needs of the increasingly tech-focused economy, particularly amid the COVID-19 health crisis. Many of the TechCred pre-approved credentials can be completed 100 percent virtually. Examples of these credentials and training providers can be found at TechCred.Ohio.gov.
 
  • Printable resources that can be used by anyone in Ohio to display common symptoms, protocols, or guidelines during the reopening of business and services throughout Ohio available in English and Spanish on ohio.coronavirus.gov.
 
  • For the week ending May 23, 2020, the Ohio Department of Job and Family Services (ODJFS) reported 42,082 initial jobless claims to the U.S. Dept. of Labor. The number of initial jobless claims filed in Ohio over the last 10 weeks (1,257,838) is more than the combined total of those filed during the last three years. Over the last 10 weeks, ODJFS has distributed more than $3.1 billion in unemployment compensation payments to more than 644,000 claimants.
 
Sector Reopening Updates:
 
  • You can find the signed Director of Health orders that allowed the reopening of gyms and various sports and that allowed sports and day care activities to take place at schools HERE.
  • You can find the Responsible RestartOhio documents for Deputy Registrars and driver examination services HERE.

BILL OF MUNICIPAL INTEREST PASSED BY HOUSE
 
Here is a bill impacting municipalities that passed the House this week:
 
  • HB 606 - CIVIL IMMUNITY. Sponsored Rep. Grendell (R - Chesterland), would grant civil immunity to a person who provides services for essential businesses and operations for injury, death, or loss that was caused by the transmission of COVID-19 during the period of emergency declared by Executive Order 2020-01D, issued on March 9, 2020, and declare an emergency. During its fifth hearing before the House Civil Justice Committee, a substitute bill and amendments were adopted that, among other changes, states that a government order does not create a duty of care on any person that may be enforced in a cause of action. Several local government organizations, including the League, submitted joint proponent testimony, which you can read HERE. The bill was passed out of committee, and later passed by the full House by a vote of 83-8. (Link: https://bit.ly/3cfr4ED)
  
  • SB 31 - PUBLIC RECORDS. Sponsored by Sen. Roegner (R - Hudson), would include emergency service telecommunicators as individuals whose residential and familial information is exempt from disclosure under the Public Records Law. During its fifth hearing before the House Civil Justice Committee, amendments were accepted that, among other changes, placed guardrails around the process of contact tracing. The bill was then voted out of committee, then passed the full House by a vote of 59-34. The League is neutral on this legislation.(Link: https://bit.ly/2AgFTJL)
 
 
 
COMMITTEE RECAP: BILLS OF MUNICIPAL INTEREST
 
Here are the bills impacting municipalities that received committee hearings this week:
 
  • SB 285 - DISTRACTED DRIVING. Sponsored by Sen O'Brien (D - Bazetta) and Sen. Kunze (R - Hilliard), would revise the laws relative to distracted driving and the use of an electronic wireless communications device while driving. During its second hearing before the Senate Local Government, Public Safety and Veterans Affairs Committee, proponents including the League testified in support of the bill. You can read the League's testimony in full HERE(Link: https://bit.ly/2BfEsvG)
  • HB 13 - BROADBAND EXPANSION. Sponsored by Rep. Carfagna (R - Genoa Twp.) and Rep. O'Brien (D - Warren), would establish the residential broadband expansion program and make an appropriation. During its second hearing before the House Finance Committee, proponents testified in support of the bill. The League and the Ohio Township Association (OTA) submitted joint proponent testimony, which you can read in full HERE(Link: https://bit.ly/2ApYUt6)
  • SB 308 - CIVIL IMMUNITY. Sponsored by Sen. Huffman (R - Lima), would the law governing immunity from civil liability and professional discipline for health care providers during disasters or emergencies, to pr ovide qualified civil immunity to service providers providing services during and after a government-declared disaster, and declare an emergency. During it fourth hearing before the Senate Judiciary Committee, the bill's sponsor gave a preview of a soon-to-be-introduced substitute bill that, among other changes, applies the bill language only to a coronavirus and express the provisions on April 1, 2021. The League is supportive of this legislation. (Link: https://bit.ly/3ewqKmj)
  • HB 476 - EMINENT DOMAIN. Sponsored by former Rep. Manning and Rep. Hambley (R - Brunswick), would amend the law regarding eminent domain and declare an emergency. During its second hearing before the House State and Local Government Committee, (Link:https://bit.ly/3dg05tV)
  • HB 450 - FISCAL OFFICERS. Sponsored by Rep. Stephens (R - Kitts Hill), would require fiscal officers of certain political subdivisions to provide certificates of transition to their successors when leaving office and to modify language regarding the duty of a treasurer of a board of education to deliver to the treasurer's successor all papers related to the affairs of the district. During its third hearing before the House State and Local Government Committee, the Ohio Association of School Business Officials testified as an interested party. The League is supportive of this legislation. (Link:https://bit.ly/3c9mqbe)
  • HB 614 - UNEMPLOYMENT COMPENSATION. Sponsored by Rep. Frazier (R - Newark) and Rep. Richardson (R - Marysville), would study and reform the application, processing, and administration infrastructure of Ohio's unemployment compensation system. During its third hearing before the House Ways and Means Committee,  Department of Job and Family Services Director Kimberly Hall testified in support of the measure as well as the Ohio Association of Foodbanks and other interested parties. The League is neutral on this legislation (Link:https://bit.ly/2zIrOF4
  • SB 311 - HEALTH ORDERS. Sponsored by Sen. McColley (R - Napoleon) and Sen. Roegner (R - Hudson), would rescind certain orders of the Director of Health regarding COVID-19, to require the approval of the Joint Committee on Agency Rule Review for Department of Health orders to be effective for more than fourteen days, require statewide Department of Health orders to include the Governor's signature, modify the Department's rulemaking authority, allow in-person high school graduation ceremonies, and declare an emergency. During its second hearing before the Senate Health, Human Services and Medicaid Committee, several Ohio residents and a representative from the Equal Protection for Posterity testified in support of the bill. The League is neutral on this legislation. (Link:https://bit.ly/3eqMjom) 
  • HB 264 - INFRASTRUCTURE LOANS. Sponsored by Rep. Wilkin (R - Hillsboro) and Rep. O'Brien (D - Warren), would allow the Ohio Water Development Authority to provide for the refinancing of loans for certain public water and waste water infrastructure projects. During its second hearing before the Senate Energy and Public Utilities Committee, proponents including the County Commissioners Association of Ohio, the Coalition of Ohio Regional Districts and the Ohio Rural Water Association testified in support of the bill. The League is supportive of this legislation. (Link:https://bit.ly/3gEFqSy) 
  • HB 178 - CONCEALED WEAPONS. Sponsored by Rep. Hood (R - Ashville) and Rep. Brinkman (R - Cincinnati), would modify the Weapons Law by renaming a concealed handgun license as a concealed weapons license, allowing a concealed weapons licensee to carry concealed all deadly weapons not otherwise prohibited by law, repealing a notice requirement applicable to licensees stopped for a law enforcement purpose, authorizing expungement of convictions of a violation of that requirement, and allowing a person age 21 or older and not prohibited by federal law from firearm possession to carry a concealed deadly weapon without needing a license subject to the same carrying laws as a licensee. During its second hearing before the House Criminal Justice Committee, multiple proponents testified in support of the bill. The League is neutral on this legislation. (Link:https://bit.ly/3chwYVA) 
  • HB 253 - FIREWORKS. Sponsored by former Rep. Manning and Rep. O'Brien (D - Warren), would revise the Fireworks Law. During its fourth hearing before the House Commerce and Labor Committee, a substitute bill was adopted tat, among other changes, change the effective dates and licensure requirements of the bill. Opponents of the bill, including Prevent Blindness of Ohio, testified in opposition to the bill. The League is neutral on this legislation.(Link:https://bit.ly/2M7Pfu6) 
  • HB 425 - CONCEALED WEAPONS. Sponsored by Rep. Wiggam (R - Wooster), would modify the requirement that a concealed handgun licensee must notify a law enforcement officer that the licensee is authorized to carry a concealed handgun and is carrying a concealed handgun when stopped. During its fifth hearing before the House Federalism Committee, proponents and opponents both testified on the bill. The League is neutral on this legislation (Link:https://bit.ly/3eBc4Cn)
  • HCR 26 - INTERNET SERVICE. Sponsored by Rep. Smith (D - Euclid), would urge the Congress and the President of the United States to prohibit internet service providers from terminating internet service to residential customers and small businesses during the COVID-19 pandemic. During its first hearing before the House Public Utilities Committee, the resolutions' sponsor said the measure asks for an extension of the Keep Americans Connected plan, which is a pledge not to terminate internet services and to waive late fees due to COVID-19. The League is neutral on this legislation. (Link: https://bit.ly/36IjC3w)


COMMITTEE SCHEDULE FOR THE WEEK MAY 31, 2020
Tuesday, June 2, 2020
SENATE FINANCE
Tue., Jun. 2, 2020, 1:30 PM, Senate Finance Hearing Room
Sen. Dolan: 614-466-8056
 
CAPITAL REAPPROPRIATIONS (DOLAN M) To make capital reappropriations for the biennium ending June 30, 2022, and to declare an emergency. 
 
Second Hearing, All Testimony, AMENDMENTS/POSSIBLE VOTE
 
Report(s):  My Tracked Bills, OML Legislative Report
AIRPORT DEVELOPMENT DISTRICT (SCHURING K, SYKES V) To authorize the creation of an airport development district for the purpose of funding public infrastructure improvements and attracting airlines and additional flights to a qualifying airport. 
 
Fourth Hearing, All Testimony, POSSIBLE VOTE
 
Report(s):  My Tracked Bills, OML Legislative Report
CHECK OUR WEBSITE MONDAY FOR ANY UPDATES TO THE COMMITTEE SCHEDULE

Ohio Municipal League Meetings & Trainings

Due to COVID-19 OML Meetings & Trainings are currently postponed. 

OML/OMAA Webinar

June 4, 2020 11:00 am ~ 12:00 pm
"Dos and Don'ts for Municipalities using CARES Act Funds "

June 18, 2020 11:00 am ~ 12:00 pm
"Public Records - Changes & Trends in 2020 "
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