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Legislative Bulletin

January 6, 2023


UPDATE AT A GLANCE

Happy new year!


The Ohio House and Ohio Senate had their opening sessions this week to kick off the 135th Ohio General Assembly. We look forward to working with the newly sworn-in legislators for the benefit of municipalities over the next two years. Gov. DeWine is hosting inaugural events this weekend and will have his swearing-in ceremony at noon on Monday.


Here are items of note from this week and over the holidays:


PREEMPTION ON LOCAL FLAVORED TOBACCO REGULATIONS VETOED

Gov. Mike DeWine vetoed Substitute House Bill 513, which passed during the lame-duck session and would preempt municipalities from banning the sale of flavored tobacco products within their jurisdictions. At a press conference, the governor discussed the importance of municipalities taking action in order to save lives in this area, as well as the harmful effects of flavored tobacco on young people. The league thanks Gov. DeWine for his veto and his acknowledgement of the importance of local control. Governor's Veto Message


GOVERNOR SIGNS BILLS INTO LAW

Gov. DeWine has been working through the rush of legislation passed during the General Assembly's lame-duck session -- signing a variety of bills. The bills he signed of interest to municipalities can be found below.


LEGISLATIVE LEADERSHIP ELECTIONS INCLUDE SURPRISE HOUSE SPEAKER

The opening sessions included the traditional election of leadership positions, most of which had previously been announced -- including Senate President Matt Huffman (R-Lima), Senate Minority Leader Nickie Antonio (D-Lakewood), and House Minority Leader Allison Russo (D-Upper Arlington). However, a surprise vote in the House led to Rep. Jason Stephens, from Lawrence County, being elected House speaker over Rep. Derek Merrin, who was initially announced as speaker-elect in November. The House then elected Rep. Scott Oelslager (R-North Canton) as speaker pro tempore, but it has yet to fill other Republican caucus leadership positions. Speaker Stephens will also be releasing a new House schedule. We will share a combined House/Senate schedule when available.


OHIO SENATE COMMITTEE LEADERS SELECTED

The Ohio Senate announced its 19 standing committees and committee chairs. There are two new committees, including a Community Revitalization Committee that will focus on coordination between state and local officials for such issues as addiction. Most chairs are the same as during the previous General Assembly with the following exceptions:


  • Community Revitalization, chaired by Sen. Terry Johnson (R-McDermott)
  • Energy & Public Utilities, chaired by Sen. Bill Reineke (R-Tiffin)
  • General Government, chaired by Sen. Michael Rulli (R-Salem)
  • Local Government, chaired by Sen. Sandra O'Brien (R-Rome)
  • Medicaid, chaired by Sen. Mark Romanchuk (R-Ontario)
  • Small Business & Economic Opportunity, chaired by Sen. George Lang (R-West Chester)
  • Workforce & Higher Education, chaired by Sen. Jerry Cirino (R-Kirtland)


See the full list of committee chairs and members.


SUPREME COURT RULES ON CASES RELATED TO OPEN MEETINGS ACT

The Ohio Supreme Court recently ruled on State of Ohio ex rel. Hicks v. Clermont County Board of Commissioners, saying public bodies do not have to prove their conduct in executive sessions complies with the Open Meetings Act. In a separate case, the court ruled on "bounty hunters" that go after local governments for lack of transparency. See more below.


SURVEY ON MUNICIPAL CHALLENGES

To effectively support our member communities in 2023, we would like to gain a better understanding of the challenges you are currently facing through a brief survey. Take the Survey


UPCOMING OML/OMAA WEBINARS

Join us for our upcoming webinars that will serve as a resource to you.


  • Refresher on Economic Development Tools - Jan. 19. Register
  • Navigating the Family Medical Leave Act and Americans with Disabilities Act in Workers' Compensation Claims - Jan. 26. Register
  • HR Easy Button for Municipalities: Can I do that? - Feb. 9. Register


More info on the webinars can be found below under Upcoming Events.


MAYOR'S COURT INITIAL TRAINING JAN. 12 & 13

As a reminder and follow-up to a mailing and previous email, the opportunity for new mayors or magistrates who need to take the initial six-hour training to be certified to preside over court will take place next week.


  • Thursday, Jan. 12, 2023 – GENERAL Session (Offenses other than alcohol and drug-related traffic offenses)
  • Friday, January 13, 2023 – OVI Session (Alcohol and drug-related traffic offenses)


The training will be at the Ohio University Dublin Integrated Education Center (6805 Bobcat Way, Dublin, OH 43016) from 9 a.m.–4 p.m. each day. Register


GOVERNOR FILLS VACANCIES

Over the holidays, Gov. DeWine appointed Hamilton County Prosecutor Joseph Deters to the Ohio Supreme Court. Deters is filling the vacancy left after Justice Sharon Kennedy was elected to the position of chief justice. The governor also named Anne Vogel as his nominee to be the new director of the Ohio EPA. Vogel was most recently the governor's policy director.


OHIO EPA OFFERING $1M IN H2OHIO MINI GRANTS

The Ohio EPA is accepting applications for up to $10,000 in equipment mini grants for drinking water system equipment needs. The grants are meant to strengthen the ability of public water systems to reduce leaks, purchase critical equipment, and evaluate rates. The application deadline is Jan. 25, 2023. More Info


FUNDING AWARDED FOR BROWNFIELD CLEANUPS/ASSESSMENTS

The governor announced $88 million in state support for 123 brownfield remediation projects that will help clean up hazardous and underused sites throughout the state.

The Ohio Department of Development is funding the awards through the Ohio Brownfield Remediation Program. More Info


HISTORIC PRESERVATION TAX CREDITS AWARDED

Historic Preservation Tax Credits from the state have been awarded to restore 57 buildings in 21 communities. This was the first round with changes from Senate Bill 225 of the previous General Assembly incorporated into it. More Info


MARCS RADIO GRANTS ISSUED

The State Fire Marshal announced that $3.5 million in grants were awarded to 325 fire departments for operation of the Multi-Agency Radio Communications System. More than $7.7 million in requests were filed. View the Recipient List


NEW ROUND OF VIOLENT CRIME REDUCTION GRANTS ANNOUNCED

In the 11th round of the Ohio Violent Crime Reduction Grant Program, 13 agencies are receiving a total of $9.1 million. They include police departments in Akron, Cleveland Heights, Coal Grove, Mansfield, McConnellsville, and Washington Court House. More Info

SUPREME COURT RULES ON CASES RELATED TO OPEN MEETINGS ACT


Amid the holiday season, the Ohio Supreme Court recently ruled on State of Ohio ex rel. Hicks v. Clermont County Board of Commissioners, reversing lower court rulings. The case carried significant ramifications for how public bodies conduct public meetings. The Supreme Court ruling confirmed that, in the absence of evidence of wrongdoing, public bodies do not have to prove their conduct in executive sessions complies with the Open Meetings Act -- rather, the burden is on the plaintiff to prove the public body violated the act. The ruling also answered the question of whether public bodies would have to record minutes from executive session; they do not. And finally, the court said that the Open Meetings Act never says that a public body must discuss every single topic that it includes in a motion to enter executive session; it simply cannot discuss additional topics not included in the motion.


In a separate case, the Ohio Supreme Court ruled that that when multiple violations of the Open Meetings Act occur through the same conduct, a trial court may issue a single injunction, and when it does so, it is required to order the public body to pay a single $500 civil-forfeiture penalty. The case stems from a dispute between a man who has engaged in various legal battles -- in this case with the Rootstown Township Board of Trustees -- and who has a reputation for taking on local governments he believes are not sufficiently transparent.

SIGNED BY GOVERNOR

BILLS OF MUNICIPAL INTEREST



Below is the list of bills signed by the governor that are impactful to Ohio municipalities:


HB23 - REQUIRE EMS / PEACE OFFICERS TO UNDERGO DEMENTIA-RELATED TRAINING

To require emergency medical service personnel and peace officers to undergo dementia-related training.  

1/2/2023 - SIGNED BY GOVERNOR

Bill Analysis


HB35 - PERMIT MAYORS TO SOLEMNIZE MARRIAGES IN OHIO

To permit mayors to solemnize marriages anywhere within Ohio.

1/2/2023 - SIGNED BY GOVERNOR

Bill Analysis


HB364WATERWORKS INFRASTRUCTURE APPLICATION 

To make changes to the application process for the waterworks infrastructure improvement surcharge and to residential PACE lien priority, to create exceptions to the moratorium on modifications to hazardous waste incinerator installation and operation permits, and to eliminate public water system asset management program requirements for transient noncommmunity water systems. 

1/3/2023 - SIGNED BY GOVERNOR

Bill Analysis


HB462 - PROHIBITION ON SWATTING 

To prohibit swatting, to add swatting to the definition of an offense of violence, and to make changes regarding exempt employee pay ranges and pay ranges for certain State Highway Patrol officers.

1/2/2023 - SIGNED BY GOVERNOR

Bill Analysis


HB501 - TOWNSHIP LAWS, SOLAR REGULATION

To make various township law changes, to subject small solar facilities to local regulation, and to make an exception to the Uniform Depository Act for the treasurer and governing board that is a member of the Little Miami Joint Fire and Rescue District for certain investments of interim funds

1/5/2023 - SIGNED BY GOVERNOR

Bill Analysis

 

SB16 EMS RESPONDERS-CIVIL ACTION 

Regarding assault or menacing committed or directed against, and targeting, an emergency service responder, family member, or co-worker, the offense of unlawfully impeding public passage of an emergency service responder, and the inclusion of Casino Control Commission gaming agents as peace officers under the standard definition of that term. Much of SB185 was amended into this legislation -- dealing with political subdivisions' emergency powers when suppressing a riot, mob, or potential riot or mob; preservation of rights regarding deadly weapons and firearms during emergency. 

1/3/2023 - SIGNED BY GOVERNOR

Bill Analysis

 

SB288 CRIMINAL LAW CHANGES

To modify various aspects of the law regarding crimes and corrections, trial procedures, correctional officers and employees, coroner records, inmate internet access, civil protection orders, delinquent child adjudications and case transfers, youthful offender parole review, OVI and other traffic offenses, certificates of qualification for employment, licensing collateral sanctions, criminal record sealing and expungement, State Criminal Sentencing Commission duties, and certain assisted reproduction matters. HB283, to prevent distracted driving, was amended into this bill. OML was supportive of the distracted driving legislation.

1/3/2023 - SIGNED BY GOVERNOR

Bill Analysis

UPCOMING EVENTS


OML/OMAA Webinar: Refresher on Economic Development Tools

11 a.m.-12 p.m. | Jan. 19 | Virtual

In this session, attorneys from Bricker & Eckler’s economic development legal team will provide a series of updates on important economic development tools. As new factories, megaprojects, housing needs, and infrastructure demands hit our communities, it is important not to miss out on opportunities for smart growth. Register 


USDOT: WEBINAR SERIES ON FUNDING STRATEGIES FOR TRANSPORTATION PROJECTS

1-3 p.m. | Jan. 19 | Virtual

The Federal Highway Administration is offering a series of webinars that will help local public agencies consider strategies for funding local transportation projects, with a focus on value capture strategies to find new revenue sources and leverage localized benefits to pay for projects. The first webinar in the series is Jan. 19. Register


OML/OMAA Webinar: Navigating the FMLA and ADA in Ohio Workers' Compensation Claims

11 a.m.-12 p.m. | Jan. 26 | Virtual

Attendees will engage in an interactive experience while learning how to navigate the twists and turns of the Family Medical Leave Act (FMLA) and Americans with Disabilities Act (ADA) in their workers’ compensation claims. Register 


OML/OMAA Webinar: HR Easy Button for Municipalities - Can I do that?

11 a.m.-12 p.m. | Feb. 9 | Virtual

From workplace accommodations to the interview and selection process, this webinar will review common human resources errors to avoid and provide tips to ensure compliance. Register

MEMBERSHIP INFO: OML-Affiliated Associations


Mayors Association 2022-2023 Membership Information


YOUR OML CONTACTS:


Kent Scarrett | Executive Director

Edward Albright | Deputy Director

Bevan Schneck | Director of Public Affairs

Thomas Wetmore | Legislative Advocate

Zoë Wade | Office, Bulletin & Website Manager

Chrissy Blake | Director of Member Services

Garry Hunter | General Counsel

Michael Barhorst | Field Representative

The Ohio Municipal League | omlohio.org
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