November 4, 2022

UPDATE AT A GLANCE

JUDGE RULES TO BLOCK LAW PREEMPTING LOCAL GUN RESTRICTIONS

On Thursdays, a Franklin County common pleas judge granted a preliminary injunction that temporarily blocks provisions of a state law that prohibits cities from enacting local gun restrictions. House Bill 228 of the 132nd General Assembly became effective in 2019 and specifies that any local firearm regulation that interferes with an individual's right to bear arms, inhibits individuals from protecting themselves, their families, or others from intruders and attackers, or otherwise inhibits the legitimate use of firearms is preempted by the state. The judge, in his ruling, said Columbus' case has a "likelihood of success" because the law "violates the home rule provisions of the Ohio Constitution." See more below.

OP&F REVISED ACTUARIAL SHOWS LACK OF NEED FOR EMPLOYER CONTRIBUTION INCREASE

Last week, we noted in this bulletin that the Ohio Police & Fire Pension Fund board sent its revised three-year actuarial evaluation of the financial stability of the fund to the Ohio Retirement Study Council. The new evaluation indicates that the system is on track to pay down its liabilities in slightly under 30 years. With the brightened outlook in their latest actuarial valuation, the fund is in compliance with the state's 30-year funding threshold, which means they have the ability to meet their statutory obligation. The need for HB512, a bill that will increase the employer contribution rates, now will have less urgency, giving lawmaker the opportunity to evaluate the current state of the pension and what increased employer contribution rates would mean to Ohio's municipalities.

NEW BILLS OF MUNICIPAL INTEREST

Legislation was recently introduced related to operating a vehicle in a dangerous manager to provoke a reaction, as well as municipal jails providing feminine hygiene products to inmates. See more below.

COMPANIES OFFER TO SETTLE OPIOD LAWSUITS

CVS and Walgreens have offered to pay a combined $10.7 billion – while Walmart offered to pay an additional $3.1 billion – to settle thousands of lawsuits claiming that the pharmacy chains recklessly dispensed opioid prescription painkillers. OML will communicate with its members as more information becomes available and any possible actions needed by municipalities in the future.

50 NEW TRAFFIC SAFETY PROJECTS ANNOUNCED

$121 million in new traffic safety projects for the state were announced today. The funding will support project development, right of way, and construction of 50 projects in 31 counties across the state – including roundabouts, safer pedestrian crossings, traffic signal upgrades, and turning lane improvements. View Project List

NEW ROUND OF VIOLENT CRIME REDUCTION GRANTS AWARDED

A total of $11.7 million is be awarded to 24 local law enforcement agencies in the latest round of Ohio Violent Crime Reduction Grants. The grants are meant to help prevent and investigate instances of violent crime. Recipients include the police departments of Galion, Hamilton, Medina, Westlake, and Youngstown. More Info

FIRST RESPONDER WELLNESS GRANTS ANNOUNCED

62 local first responder agencies will receive a total of $9.9 million to help support the wellness and staffing needs of Ohio's first responders through the fourth round of the Ohio First Responder Recruitment, Retention, and Resilience Program. More Info

LAW ENFORCEMENT AGENCIES CERTIFIED

30 law enforcement agencies have been certified or recertified for state standards established by the Ohio Collaborative Community-Police Advisory Board.

Five agencies adopted and implemented the initial two standards regarding use of force and hiring and recruitment, while 25 agencies completed the recertification process that takes place on revolving three to four-year cycles.

NLC UPDATE: FISCAL RECOVERY FUNDS HELP CENTER

The National League of Cities' efforts to urge the U.S. House of Representatives to pass "ARPA Flex" as part of the next spending bill is gaining more traction. ARPA Flex will restore Treasury's assistance services to local governments with questions about State and Local Fiscal Recovery Fund grants. This week, the cosponsors circulated a sign-on letter that urges House leadership to include ARPA Flex in any end-of-year legislative package.

OHIO RECEPTION TO TAKE PLACE AT NLC CITY SUMMIT

The National League of Cities will have its annual City Summit in Kansas City Nov. 17-19. The conference is for municipalities of all sizes and will focus on leading into the future. Be sure to register, and join OML for an Ohio reception on the evening of Nov. 18. More Info

JUDGE RULES TO BLOCK LAW PREEMPTING LOCAL GUN RESTRICTIONS

On Thursday, a Franklin County common pleas judge granted a preliminary injunction that temporarily blocks provisions of a state law that prohibits cities from enacting local gun restrictions.

House Bill 228 of the 132nd General Assembly became effective in 2019 and specifies that any local firearm regulation that interferes with an individual's right to bear arms, inhibits individuals from protecting themselves, their families, or others from intruders and attackers, or otherwise inhibits the legitimate use of firearms is preempted by the state -- meaning private citizens or organizations could sue municipalities with ordinances stricter than state law.

Columbus City Attorney Zach Klein had filed a case challenging the state law in March 2019, but the judge had not made a ruling until this week – after Klein's office recently filed a lawsuit with the Ohio Supreme Court, which is now being withdrawn, because of the lack of action on the case.

Klein had argued that the court’s previous ruling in a 2010 case banning cities from passing tougher gun rules was “implicitly overrul[ed]” by a 2017 Supreme Court decision that parts of a state law regulating the use of traffic and speed cameras infringed on the city of Dayton’s home-rule powers.

The judge, in this new ruling, said Columbus' case has a "likelihood of success" because the law "violates the home rule provisions of the Ohio Constitution." Specifically, he singled out the provision allowing individuals and organizations to sue, writing, “Clearly this section of R.C. 9.68 is an unconstitutional infringement upon municipal home-rule authority. Paragraph (B) violates the third prong of the Canton test by purporting to limit legislative power of a municipal corporation to set forth police, sanitary or similar regulations. The chilling effect of this language would act as a deterrence to municipalities promulgating legislation under their home rule authority. Under Article XVIII section 3 of the Ohio Constitution, municipalities shall have authority to exercise all powers of local self-government and to adopt and enforce within their limits such local police, sanitary and other similar regulations as are not in conflict with general laws. Language imposing liability on a municipality for passing a law which was later determined to conflict with state law would effectively end home rule as the threat of litigation from third parties would always be present.”

The judge said the law also infringes on local governments’ zoning powers regarding where gun manufacturers can be located. “The court agrees that R.C. 9.68 unconstitutionally infringes upon the plaintiff’s right to exercise its zoning powers. Paragraph (D) specifically permits municipalities to regulate the sale (emphasis added) of firearms, firearm components or ammunition for firearms in areas zoned for residential or agricultural uses. It does not specifically grant municipalities zoning to limit gun manufacturing in areas zoned residential and agricultural.”

NEW BILLS OF MUNICIPAL INTEREST

The following legislation was recently introduced and is of potential interest to municipalities:

HB 740 (Rep. Kevin Miller, Rep. Phil Plummer) – Prohibits hooning and being a spectator at a hooning event. Hooning is operating a vehicle in a dangerous manager to provoke a reaction from spectators such as speed racing, performing doughnuts, or allowing passengers to ride outside of the vehicle.  Bill Text

HB 743 (Rep. Layna Humphrey, Rep. Shayla Davis) – Requires municipal and county correctional facilities and state correctional institutions to provide inmates experiencing a menstrual cycle with an adequate supply of feminine hygiene products.  Bill Text

NOV. 8 ELECTION TO INCLUDE STATE RACES, ALONG WITH MORE THAN 1,500 ISSUES IN OHIO

Ohio's general election on Nov.8 will include some races for county offices, Ohio statewide offices, state legislative races, and more than 1,500 issues.

OML has compiled a list of state races and candidates – along with the congressional district map, Ohio Senate district map, Ohio House district map, and state school board district map.

Specific to municipalities is Ohio's Issue 2, which would amend the Constitution of the State of Ohio to prohibit local governments from allowing persons who lack the qualifications of an elector to vote in local elections.

The most common issues on the ballot are tax levies, with 923 questions. Purposes for the levies include current expenses, police or fire protection, providing for senior services, maintaining cemeteries, roads and bridges, or to avoid an operating deficit. There are also:

• 343 liquor options – Asking voters to approve Sunday sales or sales at a particular location.
• 234 “miscellaneous” questions – Including charter amendments or electric/gas aggregation questions.
• 30 income tax issues – Many for operating expenses.
• 21 bond issues – Mostly to build and improve school buildings and facilities, along with five issues in the City of Columbus for constructing and improving parks, streets, highways, and refuse collection, as well as a bond issue to build new affordable housing.
• 5 combination levies – All involving school districts.
• 2 sales and use tax questions – Mercer County’s is for operations at the county detention facility, while Union County's will be put toward roads, bridges, and senior services.