Legislative Issues Update Ohio REALTORS Spring Legislative Conference

  • Slides: 20
Download presentation
Legislative Issues Update Ohio REALTORS® Spring Legislative Conference April 2018 Copyright © 2017 Ohio

Legislative Issues Update Ohio REALTORS® Spring Legislative Conference April 2018 Copyright © 2017 Ohio REALTORS®

HB 52 Deed Solicitation • • Solicitation of deeds for purchase Requires disclosure –

HB 52 Deed Solicitation • • Solicitation of deeds for purchase Requires disclosure – not required to purchase Require actual fee charged by recorder disclosed Require registration with county before solicitation STATUS – Signed By Governor – Eff. Date Still Pending Copyright © 2017 Ohio REALTORS® 2

HB 75 Military Service Licenses • Establishes a process to grant a professional license

HB 75 Military Service Licenses • Establishes a process to grant a professional license to a person who holds a valid license in another state and who is on active duty as a member of the armed forces of the United States, or is the spouse of such a person. • Establishes a temporary professional license for persons on active duty and their spouses, called a "license by endorsement, " that entitles a person, who is licensed in another state under less stringent requirements, to practice in Ohio within the scope of professional activities permitted under the person's license from the other state. STATUS – No change since Spring; Remains in House Committee PROGNOSIS – Unclear model legislation introduced in other states. Will it pass? Copyright © 2017 Ohio REALTORS® 3

HB 118 Dismissal of Property Tax Appeal • Current statutory law does not require

HB 118 Dismissal of Property Tax Appeal • Current statutory law does not require a complaint form to correctly identify the property owner. • Under continuing law, a person who owns property in a county, or the owner's attorney or statutorily authorized non-attorney agent, may file a complaint challenging the taxable value of any parcel located in the county – their own or others. • Court decisions have held that the failure to identify the owner does not deprive a board of jurisdiction to consider the complaint and thus does not authorize the board to dismiss the complaint on that ground. STATUS – Effective Date 2/5/2018 Copyright © 2017 Ohio REALTORS® 4

HB 160 Civil Rights, Prohibit Discrimination • Enact the Ohio Fairness Act to prohibit

HB 160 Civil Rights, Prohibit Discrimination • Enact the Ohio Fairness Act to prohibit discrimination on the basis of sexual orientation or gender identity or expression. • To add mediation to the list of informal methods by which the Ohio Civil Rights Commission may use to induce compliance with Ohio's Civil Rights Law before instituting a formal hearing. STATUS – Two House Committee Hearings PROGNOSIS – First Committee Hearings – Still Doubtful. Copyright © 2017 Ohio REALTORS® 5

HB 211 Home Inspector Licensing • To require the licensure of home inspectors •

HB 211 Home Inspector Licensing • To require the licensure of home inspectors • To create the Ohio Home Inspector Board to regulate the licensure and performance of home inspectors STATUS – Passed Committee 12 -2. Waiting for House Floor PROGNOSIS – Time is running short. Needs House Vote Before Summer Break to have a Chance – Lame Duck? Copyright © 2017 Ohio REALTORS® 6

HB 213 Real Estate Appraisers • Change the definition of “appraisal” for purposes of

HB 213 Real Estate Appraisers • Change the definition of “appraisal” for purposes of the Real Estate Appraiser Licensing Law • Make changes to certain procedures and the exceptions to licensure under that law • Regulate appraisal management companies (AMC) STATUS – Passed Senate Committee 3/7/2018 PROGNOSIS – Waiting for Senate Floor - Emergency Copyright © 2017 Ohio REALTORS® 7

HB 361 Property Tax Complaints • The bill increases the time within which county

HB 361 Property Tax Complaints • The bill increases the time within which county boards of revision must decide property tax complaints. Currently, boards of revision are required to resolve each complaint within 90 days after the complaint is filed. When a property owner or school board exercises its right to respond in order to support or object to that complaint, the board of revision has 90 days after the response is filed to resolve the matter. (This can add up to 60 days to the original 90 -day period. ) • The bill extends the deadline for resolving a complaint to 180 days and delays the beginning of that period until the last day a complaint may be filed, regardless of whether a complaint is filed before the last day. • If a response is filed with respect to a complaint, the bill's 180 -day deadline for resolution would begin tolling on the day the response is filed (which, again, may add up to 60 additional days). STATUS – Passed House Committee 12/05/2017 PROGNOSIS – Waiting for House Floor Copyright © 2017 Ohio REALTORS® 8

HB 390 Forcible Entry • The bill changes the way days are counted with

HB 390 Forcible Entry • The bill changes the way days are counted with respect to the three-day period and tenday period described above. Under existing law, days are counted by excluding the first day (the day the notice is given or the writ of execution is received) and including the last day, unless the last day falls on a Sunday or legal holiday • The bill requires that Saturdays, Sundays, and legal holidays be counted when calculating the relevant three- and ten-day periods. • Example, under R. C. 1. 14, if a three-day notice is given on Thursday, the soonest an eviction action can be filed is the following Tuesday. Under the bill, however, Sunday would be counted as the third day and the action could be filed on Monday. STATUS – Passed House Committee 12/03/2017 PROGNOSIS – Third Hearing – passage this GA questionable. Copyright © 2017 Ohio REALTORS® 9

HB 407 Dower • Current law provides generally that a spouse has a dower

HB 407 Dower • Current law provides generally that a spouse has a dower interest in real property, the termination of such interest, the exceptions to such termination, and other dower provisions apply only to a dower interest that vested before the bill's effective date. • Abolishes the estate of dower, but specifies that its abolition does not affect the dower interest of a surviving spouse that vested before the bill's effective date and that a surviving spouse is entitled to such spouse's statutory rights, including dower rights that vested before that date. STATUS – Passed House Committee 1/24/2018 PROGNOSIS – Waiting for House Floor Copyright © 2017 Ohio REALTORS® 10

HB 412 Restrictive Covenants • Requires that county recorders make available redaction forms and

HB 412 Restrictive Covenants • Requires that county recorders make available redaction forms and modification forms to request the removal of discriminatory covenants from real property instruments filed with the recorders' offices. • Specifies who may request the removal of discriminatory covenants and when the requests may be made. STATUS – First Hearing House Committee 12/06/201 PROGNOSIS – Questionable for this year. Copyright © 2017 Ohio REALTORS® 11

SB 31 Sewage Treatment Systems • To authorize a local legislative authority to withdraw

SB 31 Sewage Treatment Systems • To authorize a local legislative authority to withdraw from the application of any rule adopted by the Department of Health, that governs the design of household sewage treatment systems. • Requires the adoption of Point of Sale Inspection to comply. STATUS – Two Senate Committee Hearings 3/7/2018 PROGNOSIS – Third time for Introduction– Doubtful. Copyright © 2017 Ohio REALTORS® 12

SB 36 Agricultural Land (CAUV) • Require that the computation of the capitalization rate

SB 36 Agricultural Land (CAUV) • Require that the computation of the capitalization rate for the purposes of determining CAUV of agricultural land be computed using a method that excludes appreciation and equity buildup • Stipulate that CAUV land used for a conservation practice or enrolled in a federal land retirement or conservation program for at least three years must be valued at the lowest of the values assigned on the basis of soil type STATUS – No change since Spring PROGNOSIS – No further action; Language in Budget (HB 49) Copyright © 2017 Ohio REALTORS® 13

SB 255 Occupational Licensing • Requires all occupational licensing boards to be renewed at

SB 255 Occupational Licensing • Requires all occupational licensing boards to be renewed at least once every five years by the General Assembly. • States that a board that is not renewed within five years of its last renewal or creation expires. • Requires all boards to be reviewed and renewed by December 31, 2023, unless created within five years of that date. STATUS – Two Senate Hearings PROGNOSIS – Complete Wildcard. Consistent with NCSL. Copyright © 2017 Ohio REALTORS® 14

SB 263 E-Notarization • Allows a duly appointed and commissioned notary public to apply

SB 263 E-Notarization • Allows a duly appointed and commissioned notary public to apply online using live video links, electronic signatures, and electronic notary seals. • Requires notaries public seeking authorization to act as online notaries publics to complete an educational course and pass a test in addition to those necessary to acquire an initial notary commission. • Requires the SOS to adopt rules for online notarizations, including rules regarding approval to perform online notarizations, process and procedure for online notarial acts, required technology, record retention, online notarial certificates, and revocation of authorization to perform online notarizations. STATUS – Just Introduced PROGNOSIS – ? ? Been Bogged Down for a While- NAR Guidance Issued. Copyright © 2017 Ohio REALTORS® 15

2018 Elections – This is the BIG One. • • • One US Senate

2018 Elections – This is the BIG One. • • • One US Senate Seat 14 Members of Congress + 2 Open Seats 99 Members of the House 17 Senate Seats 5 Statewide Offices 2 Supreme Court Seats Copyright © 2017 Ohio REALTORS® 16

General Assembly – Ohio House All 99 House Seats • 20 are OPEN –

General Assembly – Ohio House All 99 House Seats • 20 are OPEN – 12 R’s • Showdown for Speaker’s race decided here • Larry Householder • Ryan Smith • House D’s could pick up 3 -8 seats – Wave 12? • 2019 Will Still See R’s Control House. Copyright © 2017 Ohio REALTORS® 17

General Assembly – Ohio Senate • Senate – 17 Seats • 10 are OPEN

General Assembly – Ohio Senate • Senate – 17 Seats • 10 are OPEN • 6 Republican and 4 Democrat • 4 expensive races • • Columbus, Toledo, Cleveland, Youngstown all open Senate R’s Target – John Boccieri in Open Y-Town Seat. Senate D’s Target – Dayton and Lorain – would be pick-ups Senate R’s will maintain majority status Copyright © 2017 Ohio REALTORS® 18

Ohio Realtors General Election Support • Next trustees meeting is August 24 th •

Ohio Realtors General Election Support • Next trustees meeting is August 24 th • Screenings need to be done before the trustees meet to ensure recommended candidates get support in time • Look to screen open seats – we do not screen incumbents • Spencer is here to help!!!! • RPAC Playbook – pages 31 -36 Copyright © 2017 Ohio REALTORS® 19

Local Government Affairs Director Contact Info Spencer Gross 614 -565 -7830 (cell) gross@ohiorealtors. org

Local Government Affairs Director Contact Info Spencer Gross 614 -565 -7830 (cell) gross@ohiorealtors. org Copyright © 2017 Ohio REALTORS® 20