Governor DeWine Signs HB 33 With 44 Vetoes
This is a summary of issues of concern to rental owners in the final version the State Budget that passed last week. If you have questions call or email Steve Gladman. [email protected] or 614286-6002
Late July 3 just before the extended deadline, Ohio Governor Mike DeWine (R) signed House Bill 33, the state’s FY 2024-2025 operating budget bill. In a prepared statement, the Governor said: “I am proud to sign this budget, and while it makes historic investments in Ohioans across their lives, I believe we are doing more to support and encourage Ohio’s children to lead happy, healthy, and productive lives than ever before. Whether it is helping them get the healthiest start in life by providing top-notch health care for moms; to expanding access to quality early childhood education; to ensuring their teachers have the resources and skills needed to teach students how to read in the way their brains learn to read; to providing prevention and early intervention tools for those struggling with mental and behavioral health issues; to expanding access and opportunity for all types of training, certifications, and degrees after high school graduation, and continued career development; through ensuring Ohioans have a high quality of life and the highest quality of care as they age, this budget helps make Ohio the heart of opportunity for everyone.”
In addition, he released a statement outlining his 44 line-item vetoes, see attached. The boxed text attachment shows with more detail the actual language that was disapproved for each item.
Highlights of the vetoes include:
The appropriations, and any language required to make those appropriations operative, became effective immediately upon signature by the Governor. Any other provisions, that do not have a particular effective date outlined in the bill, will become effective on the 91st day after the Governor’s signature, which should be October 2, 2023.
The legislature can override any of the Governor’s vetoes by a two-thirds majority vote of both chambers at any point in time during the remainder of the two-year session.
Late July 3 just before the extended deadline, Ohio Governor Mike DeWine (R) signed House Bill 33, the state’s FY 2024-2025 operating budget bill. In a prepared statement, the Governor said: “I am proud to sign this budget, and while it makes historic investments in Ohioans across their lives, I believe we are doing more to support and encourage Ohio’s children to lead happy, healthy, and productive lives than ever before. Whether it is helping them get the healthiest start in life by providing top-notch health care for moms; to expanding access to quality early childhood education; to ensuring their teachers have the resources and skills needed to teach students how to read in the way their brains learn to read; to providing prevention and early intervention tools for those struggling with mental and behavioral health issues; to expanding access and opportunity for all types of training, certifications, and degrees after high school graduation, and continued career development; through ensuring Ohioans have a high quality of life and the highest quality of care as they age, this budget helps make Ohio the heart of opportunity for everyone.”
In addition, he released a statement outlining his 44 line-item vetoes, see attached. The boxed text attachment shows with more detail the actual language that was disapproved for each item.
Highlights of the vetoes include:
- Select veto of certain provisions of the ban on using Chinese-owned mobile applications on state devices to ensure certain state agencies are not exempt from the ban and to remove a requirement to develop implementing rules
- Vetoes language that could have been interpreted to prevent the Ohio Environmental Protection Agency from explaining their policies
- Select veto of the income tax rate reduction that would have allowed the Tax Commissioner to set income tax rates, a duty constitutionally required of the legislature
- Vetoes language that modified the State Appropriation Limit calculation in future years to further limit the General Assembly’s ability to appropriate General Revenue Fund dollars
- Removes the codification of Medicaid rates in statutes as too limiting on executive agency flexibility
- Removes language that would have removed The Ohio State University’s Board of Trustees ability to allow student trustees a vote on the board
- Removes language that would have directed future large settlement awards to the General Revenue Fund, as opposed to current law which allows the establishment of nonprofits like the One Ohio Recovery Foundation with the opioid settlement awards
- Removes multiple provisions related to tobacco that the Governor saw as undermining state efforts to reduce smoking, including the veto of the provision that would have prohibited local governments from enacting their own more stringent tobacco regulations
- Modifies the expanded sales tax holiday provision to require the Office of Budget and Management and the County Commissioners Association of Ohio to determine the length of the first sales tax holiday instead of the set 14-day holiday passed by the legislature
- Clarifies that the increase in the Commercial Activities Tax (CAT) exemptions apply on a tax year basis
- Vetoes language that would have eliminated the Dept. of Commerce’s review of high-risk Real Estate Investment Trusts (REITs) marketed and sold in Ohio
- Removes the expanded vaccine exemption provisions for university students which would have provided exemptions from any vaccine requirements, saying it was contrary to good public health measures for congregate living situations and would have required religious higher education institutions to have accepted religious exemptions that were contrary to the institution’s religious teachings
The appropriations, and any language required to make those appropriations operative, became effective immediately upon signature by the Governor. Any other provisions, that do not have a particular effective date outlined in the bill, will become effective on the 91st day after the Governor’s signature, which should be October 2, 2023.
The legislature can override any of the Governor’s vetoes by a two-thirds majority vote of both chambers at any point in time during the remainder of the two-year session.
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HB 126 – Property Tax Challenge Legislation
Memorandum of Law
| HB 126 - Property Tax Challenge Legislation Memorandum of Law |
Retaliatory Eviction Law Unconstitutional
We were advised by Willis Law that the environmental court of Franklin County declared Columbus’s retaliatory eviction law unconstitutional. As a result, the City is no longer prosecuting cases under this ordinance.
The court indicated that any law with criminal culpability cannot shift the burden of proof to the defendant because of constitutionally protected rights to due process. Since the City attempted to make it the landlord’s burden under this law to provide that it did NOT retaliate, this law is official unconstitutional. Additionally, the City has not appealed the court’s ruling, so this is done.
Although the court’s opinion (attached) does not specifically address Columbus’s source of income law, it is believed that this opinion will make it difficult to impossible for the City to prosecute the source of income law for the same or similar reasons. Discrimination under Federal Fair Housing Laws is illegal either because of direct evidence of discrimination or because of facially neutral policies that have a discriminatory effect. While the law in Columbus does not on its face use the burden shifting test established by federal court’s to determine whether or not someone discriminated, it has been the law in Ohio in civil actions forever that the Burdine shifting test established by the United States Supreme Court be used to establish a prima facie case of discrimination. Since that burden shifting test requires a Defendant to have the burden to prove that it has a legitimate non-discriminatory reason for its actions, the same reasoning in the attached opinion would arguably mean that Columbus’s source of income law violates due process.
The court indicated that any law with criminal culpability cannot shift the burden of proof to the defendant because of constitutionally protected rights to due process. Since the City attempted to make it the landlord’s burden under this law to provide that it did NOT retaliate, this law is official unconstitutional. Additionally, the City has not appealed the court’s ruling, so this is done.
Although the court’s opinion (attached) does not specifically address Columbus’s source of income law, it is believed that this opinion will make it difficult to impossible for the City to prosecute the source of income law for the same or similar reasons. Discrimination under Federal Fair Housing Laws is illegal either because of direct evidence of discrimination or because of facially neutral policies that have a discriminatory effect. While the law in Columbus does not on its face use the burden shifting test established by federal court’s to determine whether or not someone discriminated, it has been the law in Ohio in civil actions forever that the Burdine shifting test established by the United States Supreme Court be used to establish a prima facie case of discrimination. Since that burden shifting test requires a Defendant to have the burden to prove that it has a legitimate non-discriminatory reason for its actions, the same reasoning in the attached opinion would arguably mean that Columbus’s source of income law violates due process.
| Retaliatory Eviction Law Unconstitutional |
City of Columbus Apartment Complex Recycling Program Information
The City of Columbus, SWACO (Solid Waste Authority of Central Ohio), and The Recycling Partnership (a national non-profit that helps communities improve their recycling programs) are pleased to announce a pilot program to provide recycling service to multi-family complexes throughout Columbus (apartments and condominium complexes). The pilot program will help Columbus determine how best to provide recycling opportunities to all Columbus residents living in multi-family housing in the future.
| recycling_pilot_program.pdf |
City of Columbus Renter's Choice and Source of Income Resources
| Source of Income Fact Sheet.pdf |
| Source of Income Talking Points.pdf |
| Section 8 Voucher Chart.pdf |
| NAA Policy Statement SOI Final Update.pdf |
