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(updated frequently)
OML Legislative Bulletin
No. 7.............................................June 2, 2008
General Assembly Hits a Bump for Adjournment.
The Ohio General Assembly was expected to wrap up its session and begin its summer recess. Though most expected legislative business got finished, a couple of glitches postponed that recess. The legislature is now scheduled for a one-day (June 10) session to deal with that unfinished business.
The first surprise was the House’s insistence on a conference committee to discuss differences with the Senate over the capital budget bill (HB 562). One of those differences in contention is a state study of local government efficiencies, proposed by the House. The detailed language for that study was essentially dropped from the Senate version of the capital bill.
The other point of contention was over SJR 8 and the Great Lakes Compact (HB 416). SJR 8, which purports to protect property owners rights more than is currently the case, is a constitutional amendment that would appear on the November ballot. Under provisions of a deal in the Senate, supporters of SJR 8 would be given that appearance on the ballot in return for supporting Ohio’s participation in the Great Lakes Compact, which is a multi-state (with some Canadian cooperation) agreement to protect the Great Lakes. This latter measure has strong support among environmental groups and much of Northern Ohio. In the House SJR 8 ran into trouble and was opposed by many Democrats as unnecessary. SJR 8 received only 58 votes in the House, whereas 60 votes are needed to place a constitutional amendment on the ballot. With that, Senate leadership stopped the progress of the Great Lakes Compact.
Frankly, we do not see the differences on the capital bill as major as doing without a capital bill and expect some agreement between the Houses by the time of the June 10 session. That agreement could include some version of the local government study, which was originally embodied in HB 521. We also think SJR 8, and thus the Great Lakes Compact, has a good chance of reaching the magic number of 60 votes in the House by June 10. The House majority has one vacancy and, thus, the opportunity to appoint a 59th vote and finding one more vote after that is just an opportunity waiting to happen, as they say. We’ll see, but prolonging session beyond June 10, in an election year, would never be given short odds.
HB 554 and HJR 5, the Keys to the Economic Package, Pass.
The two measures to put in place the economic stimulus package, first proposed by Governor Ted Strickland and then agreed to by House Speaker Jon Husted and Senate President Bill Harris in compromise form, were passed by both Houses by the end of last week’s session.
HJR 5, which is the doubling of the Clean Ohio program from $200 million to $400 million, as a constitutional amendment does not require the Governor’s signature and will be placed on the November Ohio ballot.
HB 554 is designed to infuse Ohio’s economy with an extra $400 million in local infrastructure grants, through the Ohio Public Works Commission process, in the next three years. Because the compromise reached does not require funding for that additional money to go to the November ballot, awarding and spending that money on projects is sped up by twelve months over the Governor’s original proposal. HB 554 also includes millions for bio-medical research, new products made from agricultural products and new internships with Ohio businesses designed to encourage Ohio college graduates to continue their work careers in Ohio.
The League supported both measures and congratulates the Governor and the General Assembly for their bipartisan work on these measures.
Two changes were made in HB 554 that should be noted. The Senate, addressing some strong concern among its Northern Ohio members, took out a provision of the bill that would have funded part of the local infrastructure grants with $200 million in “surplus” Ohio Turnpike funds. It replaced those funds with $200 million in GRF dollars taken from the state’s “rainy day fund.” In the end, that change was agreed to by the House. However, that change did draw some concern from legislators who believe rainy day funds should only be used to fill budget shortfalls. More importantly, at the moment, it has also drawn some concern from the Governor, who has not yet signed the bill.
The other change, made by the Senate and agreed to by the House, was that a portion ($80 million) of the infrastructure dollars could be used, if approved by the local integrating committees which are key to the OPWC decision-making process, to pay for local broadband projects. This would expand OPWC’s list of eligible (water, sewer, bridge, road, solid waste) projects for some money in program.
Finally, we should note that while this great compromise took away some of the fun of running a big campaign for the entire package, it does leave us with, at least, a little fun. Clean Ohio, with its recognition of both the “greenfield” and “brownfield” aspects of good land management, has been a boon for communities of all shapes and sizes. Telling the people of Ohio what expanding the investment in this program will mean to them, without any increase in taxes, should be an easy story to tell. Clean Ohio has a history of great projects, good management and an efficient distribution of funds throughout Ohio.
However, if HJR 5 is to pass on the November ballot, a good campaign, with your help, will have to be run. Folks don’t vote for what they don’t understand. To get that explanation out we will be asking you, in the not too distant future, to help explain to your fellow Ohioans, in clear terms, just what Clean Ohio has done for your community and what an expansion of the program can mean in your city or village. We have no doubt that you will do another great job on this campaign, as you did on TEL, the first Clean Ohio effort and on all of our infrastructure campaigns.
HB 30 Passes.
A bill that would require all communities to post signs on all state routes coming into a community notifying motorists that the community uses red-light cameras has passed both Houses and been sent to the Governor. HB 30 does include some changes over its original version.
The bill includes some relief for communities, such as Columbus, where state routes wind in and out of the municipality for short intervals. Under provisions of the bill, the signs would just have to be posted on the outer limit of a city or village using such cameras. Additionally, if 90% of the required signs are up, all tickets issued through the red-light camera process are valid. That provision had been more stringent in earlier versions.
The bill also includes a provision, of consternation to traffic engineers, that adds a second to the uniform timing for the yellow light on traffic signals at intersections that use red-light cameras.
We expect that the Governor will sign the bill.
Scrap Metal Bill Passes.
SB 171, which creates a statewide system and requirements for buyers of scrap metal to have records, available to local law enforcement, about those purchases was passed and sent to the Governor. After a brief conference committee between the Houses, over differences, one change was made.
The Senate version attempted to preempt local ordinances which enhanced the state system, something the League opposed on constitutional grounds. The final version bars local regulations which require a “tag and hold” for scrap metal dealers. Such regulations require a dealer in scrap metal to hold purchases for several days before they resell the material, something the dealers objected to because of the price fluidity of scrap metal markets. Other than a ban on that kind of requirement, the final bill recognizes the Home Rule ability of municipalities to pass additional regulations that are not in conflict with state law.
What Didn’t Happen.
A few of the bills we have mentioned in past Bulletins, sometimes with alarm and sometimes more mildly did not show much movement in the final days of session. HB 270, which deals with retirement reemployment, had a substitute bill accepted in its House committee and stayed in that committee. The Mayor’s Court bill (HB 154) was resting comfortably, for about the fourth week, in House Rules Committee. HB 103, which restrains the use of water liens for collecting unpaid water bills, has not come up for any kind of consideration in its House committee for a couple months. And finally, HB 431, which would grant firefighters and EMT’s, an unlimited presumption on all cancers and infectious diseases for purposes of retirement and workers’ compensation disability claims has garnered little attention in the House Commerce and Labor Committee for several weeks.
On this last bill, we have reviewed a possible substitute bill for HB 431 and we have expressed our lack of enthusiasm and deep concern over that new version to the chair of the committee. The changes made are just not enough for us to feel comfortable about the cost implications of HB 431. While we await the cost estimates for HB 431 from the Ohio Retirement Study Commission, we have also offered to sit down with the representatives of the firefighters union to discuss this matter and possible changes to the bill. Those discussions have not occurred yet, but such discussions, and, of course, golf outings, are why legislative recesses are still an important (okay, and fun) part of the legislative process.
Legislative Schedule.
What we now expect is that the General Assembly will return for a quick session on June 10. Given the hyperactivity we expect in this campaign year, there may not be another session of the General Assembly until after the November election. However, some quick session in September is always possible, especially if the state’s current plan to balance its budget appears, in a large way, to be falling short of its goals.
Following the November election, given the political and policy landscape, we do not expect a prolonged “lame-duck” session.
This weeks Legislative Committee Schedule
