OML UPDATE AT-A-GLANCE
Here are the top five things you need to know from this past week:
· As we announced in a Member Alert earlier this month, due to the very low number of registrations, very few exhibitors and no conference sponsorships, the League has made the difficult decision to move the 2021 OML Annual Conference from an in-person event to a virtual conference. In order to give members more time to register and to allow those who have already registered for the in-person conference to decide if they would like to participate virtually, the virtual conference will be held October 20-22 Additionally, the registration fee will be lowered to $150. By holding the conference virtually, we hope this will enable more of our members to benefit from participating in presentations that will address critical municipal issues. You can find the new tentative 2021 Annual Conference Virtual Agenda HERE along with the registration link HERE. Read more in the article below.
· We want to make our members aware of a new bill that preempts municipalities by prohibiting multiple institutions, including political subdivisions, from requiring a COVID-19 vaccination or requiring an individual to receive a COVID-19 test. HB 424, which is sponsored by Rep. Koehler, would exempt private businesses from these prohibitions. This is the second bill regarding COVID-19 vaccinations that would preempt municipalities. The first bill, HB 248, is sponsored by Rep. Gross (R – West Chester) and has garnered significant media attention. House leadership has currently halted progress on that bill. Read more about both pieces of legislation in the article below.
· On September 28 at 2 p.m., the Ohio Innovation and Technology Association (OITA) and the Ohio County/City Technology Association (OCITA) is holding a free virtual event that will focus on how local governments can do more for citizens with fewer resources through advancements in technology. This event will feature panel discussions with municipal and county officials from the League and presentations on how technologies like Google Cloud and PayIt can serve local governments. Register HERE and read more in the article below.
· Municipal income tax administrators are invited to register for an upcoming webinar on Thursday, October 28 from 10 a.m. to 11:30 a.m. entitled “Municipal Income Tax: COVID-19 Impacts and What’s Next”. This webinar will cover extension of the temporary withholding provision in Sec. 29 of HB 197 until the end of 2021, which was enacted in the state operating budget earlier this year. The webinar will also cover the upcoming impacts of the expiration of Sec. 29 and what municipalities can do to prepare. There will be an opportunity for Q&A during the webinar. Register HERE.
· Calling all municipal engineers: the League has launched the newly-created Municipal Engineers Association of Ohio to enable municipal engineers to take advantage of peer-to-peer networking opportunities, understand and impact state legislation and policies, and receive professional development. Inaugural members will help shape the mission, goals, and priorities of this important organization. Learn more and find the link to join in the article below.
2021 OML ANNUAL CONFERENCE TO BE HELD VIRTUALLY OCTOBER 20-22
It is very unfortunate that the Covid-19 pandemic continues to play such a disruptive and significant role in our personal and professional lives. However, due to the very low number of members who have registered to attend this year’s in-person annual conference, coupled with a lack of conference sponsorships and very few registered exhibitors, the League has made the difficult decision to move the 2021 OML Annual Conference from an in-person event to a virtual conference.
Additionally, in order to give members more time to register and to allow those who have already registered for the in-person conference to decide if they would like to participate virtually, we will instead be holding the virtual conference October 20-22 and lowering the registration fee to $150.
By holding the conference virtually, we hope this will enable more of our members to benefit from participating in presentations that will address critical municipal issues.
Registrants for the virtual conference will receive recordings of each of the presentations in the event they are not able to participate during the live presentation, providing attendees with the opportunity to watch the presentations at their convenience.
We appreciate our members; understanding and we are looking forward to offering our attendees an agenda packed with valuable information covering timely issues that Ohio's local leaders need to navigate these unprecedented times.
You can find the new tentative 2021 Annual Conference Virtual Agenda HERE along with the registration link HERE.
We apologize for any confusion these changes may cause our members. We hope that the switch to a virtual conference will provide greater stability in our planning efforts, and we hope that in the near future we can return to some level of normalcy.
SECOND BILL PREEMPTING MUNICIPALITIES REGARDING COVID-19 VACCINATIONS INTRODUCED
Another bill regarding which institutions can and cannot require an individual to receive the COVID-19 vaccination contains a preemption against municipal Home Rule authority. HB 424, sponsored by Rep. Koehler (R – Springfield), would prohibit a political subdivision, public official, public school, state agency, or state institution of higher education from requiring an individual receive the COVID-19 vaccination or receive a COVID-19 test. The bill is set to expire after two years and would exempt private businesses from this prohibition. You can read the bill HERE.
A similar bill introduced earlier this year, HB 248, has garnered a lot of media attention. The legislation is sponsored by Rep. Gross (R – West Chester) and would authorize an individual to decline a vaccination. The bill preempts Home Rule authority by prohibiting any political subdivision from requesting or requiring an individual to disclose their vaccine status or participate in a vaccine passport system or registry and prohibiting a municipality from issuing local orders that are deemed a violation of the bill’s provisions. You can read the bill analysis in full HERE.
Critically, HB 248 also authorizes an individual who believes that any of the bill’s provisions have been violated to pursue relief either under Ohio’s anti-discrimination statutes, through a complaint submitted to the Attorney General, or through a civil action. This would open municipalities to frivolous civil actions that would require the use of taxpayer dollars in a city’s defense against such actions.
After the bill received a committee hearing during summer recess, the Ohio Speaker of the House Bob Cupp (R – Lima) issued a statement that further hearings would be paused while leadership worked with Health Committee Chair Rep. Lipps (R – Franklin), the bill’s sponsor and all interested parties. Rep. Gross then circulated a discharge petition, which would force a bill straight to the House floor for a vote. Rep. Gross has since been removed from the Health Committee.
The League opposes these blatant preemptions on Home Rule authority granted to municipalities in the Ohio Constitution and will continue to advocate that the Ohio legislature respect cities and villages right to local control. We will continue to keep our members updated on this and similar legislation.
HEARINGS CONTINUE ON BILL PREEMPTING HOME RULE AUTHORITY ON KNIFE REGULATIONS
This week, proponents gave testimony supporting legislation preempting municipal Home Rule authority. The bill, SB 156, is sponsored by Rep. Roegner (R – Hudson) and preempts municipal authority over the regulation of knives. (Link: https://bit.ly/3kfJ8FS)
During its second hearing before the Senate Veterans and Public Safety Committee. An Arizona citizen representing an organization called Knife Rights and a knife manufacturer testified in support of the bill. As we covered last week, a substitute bill was adopted that adds knives to the list of arms Ohioans have a right to keep and carry under the Ohio Revised Code. The as-introduced version of the bill prohibited local governments from regulating or taxing knives and knife components. The bill’s sponsor said that the substitute bill would make the legislation less vulnerable to a Home Rule challenge in court.
This bill is a preemption against local authority as granted to municipalizes by the Ohio Constitution and is opposed by the League. We will alert our members if there is an opportunity to testify in opposition to this bill before committee and we will continue to keep our members updated on this legislation.
UPCOMING OML WEBINARS ON BROADBAND AND WORKERS’ COMPENSATION
On Tuesday, October 5 from 11 a.m. to 12 p.m., the League will be hosting a free webinar entitled “Ohio’s Efforts to Bring Affordable Broadband to Unserved and Underserved Areas.” Presenters from BroadbandOhio will lead a discussion of opportunities that are available to get affordable broadband into unserved or underserved areas of Ohio. Learn more and register HERE.
Additionally, on October 20 at 11:00 a.m., the League will be hosting a webinar entitled “Workers’ Compensation Issues Most Impacting Cities and Villages”. The Ohio’s Firefighter Cancer Presumption law was enacted four years ago and PTSD legislation for first responders was passed last year. These laws impact cities & villages as much as any employer in the State. This presentation will discuss how cities & villages can investigate and respond to these claims. Learn more and register HERE.
REGISTRATION OPEN FOR EVENT ON TECHNOLOGY AND LOCAL GOVERNMENTS
On September 28 at 2 p.m., the Ohio Innovation and Technology Association (OITA) and the Ohio County/City Technology Association (OCITA) is holding a free virtual event entitled “How Tech is Helping Local Governments Accomplish ‘More with Less’”.
This event will focus on how local governments can do more for citizens with fewer resources through advancements in technology. This event will feature two panel discussions entitled “Local Government Officials on Tech Challenges and Opportunities”, the first of which will feature Tallmadge Mayor Dave Kline, Fairlawn Mayor Bill Roth and Hudson City Manager Jane Howington.
Other presentations will include a discussion on what Google Cloud can do for local governments and a presentation on “Innovating Digital Government Services and Payments” by PayIt. Don’t miss this exciting event! Learn more and register HERE.
REGISTRATION OPEN FOR MUNICIPAL ENGINEERS ASSOCIATION OF OHIO
The League is inviting your municipal engineer to become an inaugural member of the Municipal Engineers Association of Ohio. As an inaugural member, your municipality will help us shape the mission, goals, and priorities of this important organization. Membership will allow you to engage your fellow municipal engineers, understand and impact state legislation, programs and policies, receive professional development. Our inaugural meeting is October 7 in Columbus. Details will be released next week. Learn more about membership HERE.
OHIO EPA TO HOLD PUBLIC HEARING ON WATER QUALITY
On August 17, the US Army Corps of Engineers provided the State of Ohio an extension to certify the remaining 41 nationwide permits that were not renewed in March 2021. On August 19, Ohio EPA public noticed the draft 401 Water Quality Certification for the remaining 41 nationwide permits which can be found on Ohio EPA's DSW 401 Website.
Ohio EPA will hold a public hearing relative to the issues of lower water quality on October 6, 2021 at 2:30 p.m. at Ohio EPA, Conference Room A (Autumn), 50 W. Town St., Columbus, OH 43215. Interested parties may also attend the public hearing virtually by registering at: https://register.gotowebinar.com/register/4368771331604006416. Ohio EPA will continue to accept written comments on the application and DRAFT certification through 5:00 p.m. on October 13, 2021. Anyone may submit written comments to: epa.dswcomments@epa.ohio.gov.
COMMITTEE RECAP: BILLS OF MUNICIPAL INTEREST
· HB 228 – Municipal Corporation Tax. Sponsored by Rep. Roemer (R – Richfield), would make changes related to state-administered municipal net profits taxes. During its second hearing before the Senate Ways and Means Committee, the League offered written proponent testimony in support of the bill. You can read the testimony in full HERE.
· SB 217 – Criminal Record Checks. Sponsored by Sen. Schaffer (R – Lancaster), would modify the law regarding access to criminal record check information with respect to long-term care ombudsman programs, direct-care positions, community-based long-term care services, and certain persons serving as a municipal corporation tax administrator, and declare an emergency. During its second hearing before the Senate Health Committee, the Ohio Attorney General’s office testified in support of the bill. The League is neutral on this legislation.
· HB 283 – Distracted Driving. Sponsored by Rep. Abrams (R – Harrison) and Rep. Lampton (R – Fairborn), would expand the texting while driving prohibition to a general prohibition against using an electronic wireless communications device while driving, with certain exceptions, and create data collection requirements based on associated violations of the distracted driving laws. During its third hearing before the House Criminal Justice Committee, (INFORMATION PENDING). The League is supportive of this legislation.
· HB 126 – Property Values. Sponsored by Rep. Merrin (R – Monclova Twp.), would require local governments that contest property values to formally pass an authorizing resolution for each contest and notify property owners. During its second hearing before the Senate Ways and Means Committee, proponents including the Ohio Chamber of Commerce, the Coalition for Fair Property Tax Valuations, the Ohio Real Estate Investors Association and the County Auditors’ Association of Ohio testified in support of the bill. The League is neutral on this legislation.
· HB 140 – Tax Levies. Sponsored by Rep. Merrin (R – Monclova Twp.), would enact the "Ballot Uniformity and Transparency Act" to modify the form of election notices and ballot language for property tax levies. During its second hearing before the Senate Ways and Means Committee, proponents including Americans for Prosperity, the Ohio Real Estate Investors Association and the County Auditors’ Association of Ohio testified in support of the bill. The League is neutral on this legislation.
· HB 177 – Ledger Technology. Sponsored by Rep. Carfagna (R – Genoa Twp.) and Rep. Fraizer (R – Newark), would allow a governmental entity to utilize distributed ledger technology, including blockchain technology. During its first hearing before the Senate Financial Institutions Committee, the bill’s sponsored stated that this technology “allows for the secure transmission and storage of many forms of records and data.” The League is supportive of this legislation.
· HB 123 – Community Reinvestment Areas. Sponsored by Rep. Fraizer (R – Newark) and Rep. Cross (R – Kenton), would modify the law governing community reinvestment areas and the terms under which property may be exempted in such areas. During its first hearing before the Senate Ways and Means Committee, the bill’s sponsor explained that the legislation is intended to make updates to Ohio’s Community Reinvestment Area program. The League is neutral on this legislation.
· SB 39 – Officer Assault. Sponsored by Sen. Schaffer (R – Lancaster), would eliminate the 20-year statute of limitation for felonious assault and aggravated assault if the victim is a peace officer, modify the law regarding records retention schedules developed by counties, municipal corporations, and townships, modify the penalties for aggravated assault, tampering with evidence, falsification, and falsification in a theft offense, and name this act Cooper's Law. During its second hearing before the Senate Judiciary Committee, no testimony was heard. The League is still looking into this legislation.
· HB 184 – OPF Disability. Sponsored by Rep. Carfagna (R – Genoa Twp.), would revise Ohio Police and Fire Pension Fund disability determination procedures. During its second hearing before the Senate Insurance Committee, the executive director of the Ohio Police and Fire Pension Fund testified in support of the bill. The League is neutral on this legislation.
· SB 118 – Utilities Credit. Sponsored by Rep. Romanchuk (R – Ontario), would repeal the renewable resource credit payment provisions enacted under H.B. 6 of the 133rd General Assembly. During its third hearing before the Senate Energy and Public Utilities Committee, opponents including Innergex and Invenergy LLC testified against the bill. The League is neutral on this legislation.
