Hudsonhubtimes.com - League of Women Voters of Hudson Voters Guide to issues

ISSUES

STATE ISSUE 1: REFERENDUM ON SUBSTITUTE SENATE BILL NO. 16

Ballot Language

Shall Substitute Senate Bill No. 16 be approved? (Please vote "Yes " if you are in favor of the bill. Please vote "No" if you are not in favor of the bill. The bill is explained below.)

Substitute Senate Bill No. 16 would make certain changes to state law that regulates the operation of sexually oriented businesses and adult entertainment establishments. These changes include:

* Requiring the State of Ohio to compensate local governments (townships, cities and villages) who enforce local laws regulating adult entertainment establishments when those local laws have been adopted with the guidance of the Ohio Attorney General and when those lows are found unconstitutional or invalid by a court, with certain exceptions for payment of such compensation,

* Preempting local laws that are found by a court to be in conflict with the proposed state law regulating adult entertainment establishments,

* Prohibiting sexually oriented businesses from being open for business between midnight and 6 a.m., except that sexually oriented businesses with a liquor permit may remain open until the hours specified in the permit if they do not conduct, offer, or allow, sexually oriented entertainment activity in which the performers appear nude,

* Prohibiting customers and employees of sexually oriented businesses who are not immediate family members from touching each other while on the premises of that business and while the employee is nude or seminude, and

* Creating misdemeanor criminal offenses relating to hours of operation and for customers and employees who violate the no touch provisions of the law, setting the penalty at a fourth degree misdemeanor, except when the touching is in specified anatomical areas, in which case the penalty is a first degree misdemeanor.

If Substitute Senate Bill No. 16 is approved, it shall become law.

PASSAGE OF THIS LAW REQUIRES A MAJORITY VOTE OF YES

EXPLANATION OF STATE ISSUE 1

State Issue 1 is a referendum to determine whether Sub. Senate Bill 16 (SB 16), which regulates adult, or sexually oriented businesses, will stand as law or be rejected by voters. SB 16 passed the Senate by a vote of 24--8, passed the House by a vote of 73--24, and then became law without the Governor's signature. Before the law could go into effect in September, opponents submitted enough signatures to send the bill to voters for reconsideration. With a majority YES vote, the law will go into effect. With a majority NO vote, the law will not go into effect.

If SB 16 goes into effect, the following changes will be made to state law:

* Adult businesses--which include sexually oriented book and video stores as well as X- rated theaters and strip clubs--must close between midnight and 6 a.m. Clubs with liquor licenses could remain open and serve until the hours specified in the liquor permit, but all fully nude entertainment must end at midnight.

* Customers of such businesses will be prohibited from touching performers and their clothing, and performers will be prohibited from touching customers and their fellow performers.

* Customers and performers who violate the "no touch" provisions of the law will be guilty of a misdemeanor criminal offense.

* The state will pay local governments' costs for lawsuits arising from this law under certain conditions, for example, if a local ordinance drafted with the guidance of the Ohio Attorney General is declared unconstitutional.

ARGUMENTS FOR PASSAGE

1. The law provides uniform rules to regulate adult business throughout Ohio, ensuring consistency across local government lines.

2. The law may help reduce crime such as prostitution, thereby protecting property values and reducing the neighborhood blight that sometimes surrounds such businesses.

3. The law protects performers in strip clubs from exploitation and abuse by customers.

ARGUMENTS AGAINST PASSAGE

1. The law overrides home rule, taking away the right of local governments to pass regulations that govern local adult businesses. These businesses are, after all, legal and already regulated by local zoning, liquor and criminal laws ( for example, those prohibiting prostitution).

2. The law violates First Amendment protections and infringes on performer's constitutional right to free expression.

3. The law may negatively affect Ohio's $250-million -per-year adult entertainment industry, hurting the state's economy, including convention business.

COUNTY OF SUMMIT
ISSUE 20

PROPOSED TAX LEVY (REPLACEMENT AND DECREASE)

Alcohol, Drug Addiction and Mental Health Services Board

A majority affirmative vote is necessary for passage

A Replacement of a portion of an existing levy, being a reduction of 0.1 mill, to constitute a tax for the benefit of Summit County for the purpose of mental health and recovery programs for children, adults and families and for the acquisition, construction, renovation, financing, maintenance and operation of facilities by the county of Summit Alcohol, Drug Addiction and Mental Health Services (ADM) Board at a rate not exceeding 2.95 mills for each one dollar of valuation, which amounts to 29.5 cents for each one hundred dollars of valuation, for 6 years, commencing in 2008, first due in calendar year 2009.

ADM has had no increase in funding for 12 years. There were levies renewed in 1997 and 2001 with no increase in cost to the homeowner. 30 affiliated agencies are serviced by the Summit County ADM Board. The proposed tax levy is a replacement and reduction of millage. Even though the millage is reduced by 0.1 mills, the cost to the homeowner will increase due to higher property evaluation. The levy, which will take effect in 2009 and last for six years, will cost the owner of a $100,000 house $7.60 a month or $91.00 per year, an increase of $49.00 a year over the current levy. The current levy expires in the tax year 2008 (collection year 2009).

Tax year 2006/collection year 2007 -- County tax rates

ADM Board Full tax rate--3.050; Effective tax rate--1.367462

The annual cost for the existing levy is $41.88 per $100,000 of property value. The new levy would cost $90.34 per $100,000 of property value for an increase of $48.47 per $100,000 of property value.

ISSUE 21

PROPOSED TAX LEVY (REPLACEMENT AND DECREASE)

SUMMIT COUNTY CHILDREN SERVICES BOARD

A replacement of a portion of an existing levy, being a reduction of 0.31 mill, to constitute a tax for the benefit of Summit County for the purpose of the protection and placement of abused and neglected children by the Summit County Children Services Board at a rate not exceeding 2.25 mills for each one dollar of valuation, which amounts to 22.5 cents for each one hundred dollars of valuation, for 6 years, commencing in 2007, first due in calendar year 2008.

A majority affirmative vote is necessary for passage

EXPLANATION:

CSB, whose purpose is the protection and placement of abused and neglected children, has had no increase in funding for 9 years. The proposed tax levy is a replacement and reduction of millage. Even though the millage is reduced by 0.31 mills, the cost to the homeowner will increase due to higher property evaluation. The levy, which will take effect in 2007 and last for six years, will be an increase to the owner of a $100,000 house by $11.00 per year. The current levy expires in the tax year 2006 (collection year 2007).

Tax year 2006/collection year 2007 -- County tax rates

Children's Services Board Full Tax Rate--2.560; Effective Rate 1.888940

The annual cost for the existing levy is $57.84 per $100,000 of property value. The new levy would cost $68.91 per $100,000 of property value for an increase of $11.06 per $100,000 of property value.

Types of Levies : Two types of levies that can be requested are renewals and replacements. A renewal collects the same amount of dollars year after year at no additional cost to the taxpayer. Consequently, as values rise, the effective, or collection rate decreases. Both the ADM Board and CSB have operated under a renewal for the past several years without an increase in levy dollars. A replacement levy returns the effective rate to the original millage and allows collection based upon current property values. The combination of increased property values and a higher effective rate results in an increase to the average taxpayer.