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THE STATEHOUSE REPORT
January 14, 2022
A publication of the County Commissioners Association of Ohio                         Printer Friendly Version

Ohio Supreme Court strikes down state legislative, congressional district maps
 
In two much-anticipated decisions, the Ohio Supreme Court this week ruled that maps for Ohio’s state legislative and congressional districts were unconstitutional.
 
In a 4-3 opinion released on Wednesday, Justices O’Connor, Stewart, Donnelly and Brunner ruled that the Ohio House and Senate maps violated Article XI of the Ohio Constitution which states that the Ohio Redistricting Commission shall attempt to draw districts in proportion to the statewide partisan voting patterns of the past ten years. Republicans had won approximately 54 percent of statewide elecgtion votes over the past ten years, with Democrats earning 46 percent. The maps approved by the redistricting commission were expected to favor Republicans in 62 out of 99 House seats and 23 out of 33 Senate seats.
 
In its ruling, the court ordered the redistricting commission to draw new constitutionally compliant maps within 10 days. The tight timetable places the redistricting commission under pressure, with a looming February 2 filing deadline for statehouse candidates. Without established district lines, candidates will not know which district to file within. State legislative leaders have considered moving back the filing deadline date and/or the May primary date to allow for more time.
 
Later in the week on Friday, the Ohio Supreme Court ruled in another 4-3 decision to invalidate Ohio’s congressional map, citing an “undue partisan bias” in the map’s boundaries which violate the anti-gerrymandering rules of the Ohio Constitution. Once again, Chief Justice O’Connor joined Justices Stewart, Donnelly and Brunner in overturning the map. The enacted congressional map favored Republicans in 12 out of 15 congressional seats according to some analyses.
 
With the ruling, state lawmakers now have 30 days to pass a new map. If they are unable to pass a new plan, the process would turn over to the Ohio Redistricting Commission. House and Senate voting sessions scheduled for next week have been cancelled.
 
The full opinions for the state redistricting ruling and congressional rulings can be accessed below.
 
State legislative districts: League of Women Voters of Ohio v. Ohio Redistricting Commission
Congressional districts: Adams v. DeWine

US Supreme Court stays OSHA vaccine rule for large employers, allows mandate for medical workers

 The United States Supreme Court on Thursday reinstituted a stay to prevent the US Occupational Safety and Health Administration (OSHA) from enforcing its rule to require vaccination for COVID-19 at employers with 100 or more employees.
 
In the case argued by Ohio Attorney General Dave Yost’s office, the Court ruled that the OSHA rule exceeded the scope of workplace safety and reached into the realm of public health.
 
AG Yost shared following the ruling, “Americans have lost too much to this disease already -- all of us want this pandemic to end -- but it is critical that we do not lose our Constitution, too,” Yost said. “Today’s ruling protects our individual rights and states’ rights to pursue the solutions that work best for their citizens.”
 
In a separate opinion, the Court granted a stay of lower court injunctions against a US Health and Human Services rule requiring COVID-19 vaccinations for employees as a condition of receiving Medicare and Medicaid funding.

Ohio Office of Budget and Management to hold ARPA Briefing

In light of the recently-released American Rescue Plan Act Final Rule by the US Department of the Treasury, the Ohio Office of Budget and Managment will hold a webinar on January 24th at 2:00PM to discuss the latest developments to the State and Local Fiscal Recovery Fund.

Click here to register

Also this week, the National Association of Counties released its latest legislative analysis of the ARPA Final Rule, which is accessible here.
State tax department to continue to provide preliminary sales tax estimates
 
The Ohio Department of Taxation will continue to provide monthly estimates of preliminary and partial sales tax revenue to counties.  Starting in January 2022, the estimates will be provided once per month, and will include both non-auto and auto tax revenues in the same spreadsheet.  The department plans to release the estimates during the third week of each month.  Members with questions should contact Jon Honeck,
jhoneck@ccao.org.
Strong state revenue numbers for first half of FY 2022
 
December revenue numbers released by the Ohio Office of Budget and Management this week showed considerable strength for key state revenue streams. For the final month of 2021, state revenues exceeded estimates by nearly a quarter billion dollars, or 11.9 percent.
 
Collections were strong across multiple tax types. Sales tax collections beat estimates by $90.7 million, or 8.4 percent. Non-auto sales tax exceeded estimates by 8.5 percent while auto sales taxes outpaced estimates by 7.8 percent.
 
Income tax collections were also up 15.1 percent, or $130.6 million above estimates.
 
OBM Director Kim Murnieks indicated that the strong collections reflected wage growth and increased employment across the economy. Murnieks also indicated that inflation may have an impact on segments of the sales tax base, increasing collections.
 
The full monthly financial report from OBM can be accessed
here.
Introduced legislation

HB 531 (Ghanbari) - To allow a county prosecutor to provide legal services to a metropolitan planning organization, regional transportation planning organization, or regional council of governments.
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