From the Statehouse 2006 No. 02
by Jennifer Garrison
Jan. 21, 2006
FROM THE STATEHOUSE - 2006 ARTICLE 2
"Home Rule" versus freedom to live where one chooses was the debate in the Ohio House of Representatives this week. Senate Bill 82 would prohibit municipalities from enacting residency requirements for city employees.
Article II, Section 34 of the Ohio Constitution says "Laws may be passed fixing and regulating the hours of labor, establishing minimum wage, and providing for the comfort, health, safety and general welfare of all employees; and no other provision of the constitution shall impair or limit this power." These laws are made by the Ohio Legislature.
The Ohio Constitution also says in Article XVIII, Section 3, "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." This is known as the "Home Rule".
There were legitimate arguments on both sides. I voted "yes" on this legislation after a long debate on the House Floor. I agree with the proponents of this legislation who say Senate Bill 82 is about doing the right thing for families--- it was about governments not ruling where an employee makes their home.
Opponents of the legislation argue when employees live in the city, response time is reduced for safety forces. Opponents also say, the tax base of the cities are strengthened by requiring employees to live in the city.
However, municipalities can still have work rules requiring that employees be able to report to the station within a specific time frame. Neither Marietta or Cambridge, the largest municipalities in this district, have a residency requirement.
This bill impacts large urban areas the most where families of firefighters and police officers want to live outside the city because the public schools are dangerous. As a parent, I understand this concern. More than any other vote this was not along party lines. This bill passed.
Substitute House Bill 70 gives County Commissioners the option to exempt from taxation the homes of members of the National Guards and Reserves of the armed forces who have been called to duty outside the state. This bill is a result of the extended call up of reservists and National Guard members for the Iraq and Afghanistan wars. The service member's income must fall by at least 25% during their deployment to qualify. School district may opt out of exempting the property taxes that goes to their schools. I voted "yes". The bill passed. The bill is permissive, not mandatory.
Substitute Senate Bill 53 governs pseudo ephedrine sales in Ohio by prohibiting an individual from purchasing more than 9 grams within 30 days. The purpose of this bill is to limit the ingredients that are used to manufacture methamphetamine. This bill also allows Hazardous Waste Clean-up Fund monies to be used to clean-up illegal methamphetamine labs. The bill imposes a minimum sentence of 3 years if illegally manufacturing the drug. The sentence is increased to 4 years if an individual manufactures the drug in the vicinity of a child. I voted "yes". The bill passed.
House Bill 251, requires the efficient use of energy in all state facilities as they are built and renovated. The bill passed. I voted "yes".
Substitute House Bill 98 increases the penalties for assault on emergency personnel when the victim is receiving services in an emergency facility. I voted "yes". The bill passed.
You can reach Jennifer Garrison at her Columbus office at 614-644-8728 or in the district at 740-373-2414 or by e-mail at jennifer@jennifergarrison.com. Her website is Riffe Center | 77 South High Street | Columbus Ohio 43215-6111 | (800) 282-0253 | District93@ohr.state.oh.us
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