OML UPDATE AT-A-GLANCE
Here are the top things you need to know from this past week:
· Muni Tax Legislation: On Tuesday, the House Ways and Means Committee held a third hearing for opponent testimony on HB 519. You can read about what happened during the committee hearing in Wednesday’s Special Bulletin HERE. While HB 519 was not voted out of committee, the committee Chair stated that the bill would likely be voted out during the next committee hearing. The House Ways and Means Committee has officially announced that it will not be meeting next week. We strongly encourage our members to continue to contact their legislators and provide the committee with opposition testimony when the next hearing is announced.
· Airbnbs Preemption Legislation: Although the House State and Local Government Committee was scheduled to hold a third hearing on HB 563, which would preempt municipal Home Rule authority by limiting local regulation of short-term rental properties such as Airbnbs, the committee did not end up meeting this week. When the next committee hearing is officially announced, we will alert our members. Please continue to contact your legislators about the harmful impacts this bill would have on municipalities
· Next Federal COVID Bill & ARPA: Earlier this week, Congress released the legislative text of the federal budget which included a provision rescinding $7,055,000,000 from the American Rescue Plan Act (ARPA) State and Local Fiscal Recovery Funds (SLFRF). The rescinded funds were structured in a “waterfall” effect so that they would first come from the states, the territories, then Tribal government, and then local governments. While this provision has since been removed from the budget, NLC cautions that the White House will continue to search for an offset for approximately $15 billion in COVID-19 emergency relief aid and that there is now a target for these ARPA dollars. We will keep our members updated as budget negotiations progress.
· Lead Pipe Remediation Relief: This week, Governor DeWine announced that the H2Ohio Lead Service Line Replacement Grant Program is allocating $4 million for the location, removal and replacement of toxic lead pipes in various communities throughout the state. Approximately $2 million will go to six communities whose lead pipes are mapped and ready for replacement. The remaining $2 million will be awarded to help identify, inventory and map lead service lines in public water systems that do not have the financial means to locate their lead service lines. You can find more information HERE.
· Cybersecurity Seminar: On March 31 from 9 a.m. to 12 p.m., the Ohio Innovation and Technology Association (OITA) is holding the 2022 Cybersecurity Summit to discuss cybersecurity challenges and goals with state leaders including Lt. Governor Husted, Secretary of State LaRose, Attorney General Yost. The event is free to attend, and you can find the event flyer HERE for more information and registration. Click HERE for the full event agenda.
· The Municipal Finance Officers Association of Ohio (MFOA) is excited to announce that it will be holding its 2022 Annual Conference in-person from Wednesday, May 18 through Friday, May 20. The event will be held at the Marriott Columbus Northwest located at 5605 Blazer Parkway in Dublin, Ohio. As always CPE, CPIM and FIA credit will be offered for participants. A full schedule and hotel information will be made available soon.
· The League has announced the 2022 schedule for the OML Municipal Officials Training Seminars. These important seminars will equip municipal officials to best lead their communities by covering topics such as home rule and local control, city and village financing procedures, council powers and procedures, public records and liability for municipalities and municipal officers. Click HERE to register. Learn more in the article below.
· OML Regional Conferences are back! Mark your calendars for the return of our in-person regional meetings from May through August. The League will once again be holding four one-day conferences in each of the four corners of our state to bring important educational resources and networking opportunities to our members. These meetings will be in addition to our Annual Conference which is scheduled for late fall of this year. Dates and location information can be found in the article below.
OHIO HOUSE COMMITTEE HOLDS HEARINGS ON
TWO PREEMPTION BILLS
On Thursday, the Ohio House Government Oversight Committee heard two bills preempting local control.
Knife Regulation
The first bill heard by the committee was SB 156, which is sponsored by Sen. Roegner (R – Hudson) and would prohibit any ordinance from inhibiting a person’s ability to own, possess, purchase, acquire, transport, store, carry, sell, transfer, manufacture or keep any knife. The legislation also adds knives to the list of arms Ohioans have a right to keep and carry under the Ohio Revised Code.
During its second hearing, the committee adopted an amendment clarifying that that knifes and the concealed carrying of knives are among the subjects the General Assembly asserts its right to legislate uniformly across Ohio. You can read the amendment HERE. This amendment overtly preempts local control and disregards the Home Rule authority municipalities are granted in the Ohio Constitution.
The bill would also allow individuals, groups or entities to file a civil action suit against a local government if they feel the local government has violated the provisions of this legislation. This would make municipalities vulnerable to expensive, frivolous lawsuits, the cost of which would be borne by the taxpayer.
Last year, the League submitted testimony opposing the House companion bill to SB 156, HB 243, which you can read HERE. We strongly encourage our members to contact their members in the House and Senate and express their opposition to this blatant violation of local control.
Emergency Firearm Control
The second bill was HB 325, which was up for a third hearing and opponent testimony. The bill is sponsored by Rep. Wiggam (R – Wooster) and prohibit local governments from blocking firearms sales or seizing weapons during an emergency, such as a riot, by establishing firearm-related firms as "essential businesses" that can remain open during such emergencies.
The League submitted opponent testimony reminding legislators that “the Ohio Constitution grants Home Rule authority to municipalities in recognition that a government closest to the people governs best, and that each city and village should be equipped to serve and protect the interests of their communities.” You can read the testimony in full HERE
There is another bill virtually identical to HB 325, which is called “companion legislation.” That bill is SB 185, which is sponsored by Sen. Schaffer (R – Lancaster) and is also currently pending in the House Government Oversight Committee.
These bills prevent local leaders from acting on behalf of the residents in their individual communities. No municipality is alike, which is why it is critical that each city and village maintain local control. We urge our members to continue to contact their state legislators and oppose these bills as state government overreach against Constitutionally granted municipal Home Rule authority.
LEAGUE ANNOUNCES DATES AND LOCATIONS FOR 2022 REGIONAL CONFERENCES
From May through August, the League will be holding four Regional Conferences throughout the state to bring important elements of our Annual Conference right to the doorstep of the local leaders who serve Ohio's cities and villages.
Our Regional Conferences are an invaluable opportunity for municipal officials across the state to attend presentations on the many critical issues facing Ohio’s cities and villages while connecting and networking with other local leaders in their area.
Mark your calendars for the following dates:
· Southeast: Friday, May 20 – Ohio University Inn & Conference Center in Athens
· Northeast: Friday, June 10 – Sheraton Suites in Cuyahoga Falls
· Southwest: Friday, June 24 – Marriott NE Mason
· Northwest: Friday, August 5 – Hancock Hotel in Findlay
We will have the agenda and registration information available in the next few weeks. We look forward to seeing you there!
2022 SCHEDULE ANNOUNCED FOR OML MUNICIPAL OFFICIALS TRAINING SEMINARS
The League is excited to announce the 2022 schedule for our Municipal Officials Training Seminars. These seminars are designed to prepare our local leaders for the issues and responsibilities they manage as municipal officials and assist in navigating the successful management of their communities.
The presentations will cover topics such as what is Home Rule and what authorities are granted to municipalities through local control, new changes to city and village financing procedures, council procedures and authorities, management responsibilities related to public records and liability issues for municipalities.
The following are the dates and locations for this year’s Municipal Officials Training Seminars:
· Saturday, March 12 – Doubletree Columbus/Worthington
· Saturday, March 26 – Embassy Suites Rockside, Independence
These seminars are a great opportunity for both local leaders starting their first terms in office and current municipal leaders. To find out more information and register, click HERE.
UPCOMING MARCH AND APRIL OML/OMAA WEBINARS
On Thursday, March 24 from 11 a.m. to 12 p.m., the League and the OMAA are hosting a webinar entitled “’How Can I Help?’ And Other Tips for Complying with the ADA.” Disability discrimination claims continue to be a tricky and expensive litigated issue for many employers. This webinar will discuss disability discrimination laws to gain deeper understanding of the requirements and best practices when dealing with employee disability accommodation requests. The presentation review what municipal employers need to know through the use of scenarios that will include a discussion on what is and is not a disability, what is a reasonable accommodation and what members must do in order to have a legally-compliant interactive process in place. Learn more and register HERE.
On Thursday, April 14 from 11 a.m. to 12 p.m., the League and the OMAA are hosting a webinar entitled “Crisis Communications for Municipal Government.” Facing the news media can be nerve-racking even under the best conditions. Now imagine yourself in a crisis or emergency situation facing hostile reporters who want answers to their tough questions. What would you do? What do you say? This webinar will cover the basics of news media and the rules of engagement (what you should and shouldn't say). Get tips for composing an effective message and compiling a plan to advance that message using earned media tactics such as print, radio, TV and social media. By the end of this webinar you’ll not only have a much better idea of what it feels like to face the media, especially in a crisis communication situation, you’ll have a summary of specific take-away points to help you face a crisis communications situation in real life. Learn more and register HERE.
Finally, on Thursday, April 28 from 11 a.m. to 12 p.m., the League and the OMAA are hosting a webinar entitled “Nuisance Abatement.” Ohio’s nuisance abatement law empowers municipalities to address properties with chronic code violations, as well as properties with chronic criminal activity. This webinar will provide a general overview of Ohio nuisance abatement law and a framework for its practical application in municipalities of any size. Learn more and register HERE.
NEW BILLS OF MUNICIPAL INTEREST
· SB 308 – Russian Restrictions. Sponsored by Sen. Antani (R – Miamisburg), would prohibit state and local governments from investing in, granting incentives to, or contracting with Russia or companies based in Russia, require Ohio's pension and other investment funds to divest from any such holdings, and declare an emergency.
COMMITTEE RECAP: BILLS OF MUNICIPAL INTEREST
· HB 443 – Health Plan Premiums. Sponsored by Rep. Koehler (R – Springfield), would authorize a refundable tax credit for a portion of employer group health plan premiums. During its third hearing before the House Ways and Means Committee the League submitted opponent testimony asking that the bill be amended to ensure the Local Government Fund (LFG) would remain whole due to the fact that the bill as written would reduce the General Revenue Fund (GRF), which would in turn reduce the LGF distribution. You can read the League’s testimony HERE.
· HB 464 – Public Water System. Sponsored by Rep. Wiggam (R – Wooster), would eliminate public water system asset management program requirements and require the Director of Environmental Protection to rescind rules governing that program. During its first hearing before the House Agriculture and Conservation Committee, the bill’s sponsor explained that the legislation will change provisions in a 2016 law that granted the Ohio EPA authority to address public water systems. The League is still looking into this legislation.
· SB 16 – Civil Actions. Sponsored by Sen. Schaffer (R – Lancaster), is 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. During its third hearing before the House Criminal Justice Committee a representative from the Office of the Ohio Public Defender testified against the bill. The League is supportive of this legislation.
· HB 372 – Building Inspections. Sponsored by Rep. Ray (R – Wadsworth) and Rep. Roemer (R – Richfield), would make changes to the law relating to building inspections. During its second hearing before the House Commerce and Labor Committee the Associated Builders and Contractors of Ohio testified in support of the bill. The League is still looking into this legislation.
