Week in Review

Monday May 14, 2012

ABORTION

Heartbeat bill supporters vowed this week to continue their advertising campaign despite Senate President Tom Niehaus’ (R-New Richmond) open letter detailing his objections to the bill. They launched their latest effort Friday with an ad in the hometown paper of the Senate’s No. 2, Sen. Keith Faber (R-Celina). Besides Faber’s office phone number, the ad also gave Niehaus’ and Sen. Chris Widener’s (R-Springfield) office numbers. Then on Wednesday they said they were escalating their ad campaign against Senate Republicans by launching radio ad spots featuring Bill McCartney, founder of the Christian group Promise Keepers.

AGRICULTURE

Students kindergarten through high school may submit entries for the 2012 “Agriculture is Cool!” Creative Expressions until July 9, 2012, the Ohio Department of Agriculture (ODAg) said.

Chairman Cliff Hite (R-Findlay) of the Senate Agriculture, Environment and Natural Resources Committee
promised the owner of a dog that fell victim to animal cruelty, that the Legislature will address HB108 (Gerberry), which would make it possible to charge an owner, manager or employee of a dog kennel with a felony if he or she knowingly commits animal cruelty

ATTORNEY GENERAL

Attorney General Mike DeWine will take grant applications through the end of the fiscal year for local governments seeking help in demolishing abandoned houses, with $75 million available as part of Ohio’s share from a $25 billion nationwide mortgage and foreclosure settlement with major banks.

Attorney General Mike DeWine announced that nearly $1 million was uncovered in a storage closet used by long-time fugitive Bobby Thompson. Agents from the AG’s Bureau of Criminal Identification and Investigation (BCI), along with members of the U.S. Marshals Service, found a suitcase filled with $981,650 in Portland, OR.

Attorney General Mike DeWine said Monday Ohio will receive nearly $15 million as part of a nationwide Medicaid settlement with Abbott Laboratories over allegations of illegal off-label drug marketing. Along with a $100 million consumer protection payout, Abbott’s Medicaid agreement with federal and state governments totals $1.5 billion — “the second largest recovery from a pharmaceutical company in a single civil and criminal global resolution agreement,” said the AG.

Attorney General Mike DeWine announced Monday that Paul Brockman pleaded guilty to fraudulently billing Medicaid $214,018. Brockman, 42, who owned Midwest Medical Equipment in Westerville, pleaded guilty to one count of making false statements involving health care.

BALLOT ISSUES

The House passed legislation, SB295 (Coley), Tuesday to undo disputed election law changes in HB194 (Blessing-Mecklenborg) amid accusations of sophistry and arrogance traded across the aisle, sending it to Gov. John Kasich’s desk. It passed 54-42, with Reps. Kristina Roegner (R-Hudson) and Jarrod Martin (R-Beavercreek) joining Democrats in opposition.

FY12-13 BUDGET/MID-BIENNIUM REVIEW (MBR)

According to preliminary figures released Friday by the Office of Budget and Management (OBM), Ohio General Revenue Fund receipts continue to run over estimates for the year by a total of nearly $349.9 million or 2.3 percent. For April, revenues were $84.5 million or 4.1 percent over estimates.

CRIMINAL JUSTICE

A substitute version of a new human trafficking bill unveiled Tuesday would allow victims to sue human traffickers. The substitute version of HB262 (Fedor) accepted in House Judiciary and Ethics Committee makes numerous changes to the original version. Members of Gov. John Kasich’s staff were in attendance for the hearing.

EDUCATION

Tax protesters are looking to Gov. John Kasich’s hometown of Westerville as a bellwether of opposition to school levies. They vow to place the property tax passed in the March primary on the fall ballot under an “obscure” provision in state law, R.C. 5705.261, a move they say will tap the full spectrum of voters in a General Election rather than the select group that shows up for partisan primaries.

The Senate Education Committee approved a long list of bipartisan changes to the K-12 budget bill Monday, including language drawing swift criticism from Gov. John Kasich. Chairwoman Peggy Lehner’s (R-Kettering) committee was still in mid-stream when his office issued a tersely worded statement that the governor was “troubled” by the omnibus amendment — specifically, a provision delaying portions of the third grade reading guarantee, as the student retention policy has come to be called, until 2013-14. The full Senate went on to pass the bill Wednesday by a vote of 30-2.

Former state budget director Paolo DeMaria concluded his school funding overview before the House Finance and Appropriations Committee Tuesday, taking on the issue of local revenues and identifying a number of “challenges” to state and local leaders. DeMaria covered the basics of local property valuation and taxation, the 20 mill “floor” imposed on school districts, and the option for school income taxes, sales taxes, bonds or some combination of them. He pointed to the oft-remarked passage of HB920 in 1976.

ELECTIONS 2012

Chris Maloney, the spokesman for the Ohio Republican Party (ORP), is leaving to join presumed Republican presidential nominee Mitt Romney’s campaign to serve as the communications director and spokesman for Ohio.

Ohio Republican Party Chairman Bob Bennett Monday named former U.S. Rep. Bob McEwen senior advisor for Coalition Outreach. In this role, McEwen will advise Bennett, the Ohio Republican Party State Central and Executive Committee and county parties on coalition development and voter outreach, with specific attention paid to college campuses and rural counties.

Democratic pollster Public Policy Polling (PPP) said Tuesday that a recent survey has President Barack Obama with a 7-point lead over Mitt Romney in the presidential race in Ohio. The pollster also said U.S. Sen. Rob Portman (R-OH) would only help Romney a little in Ohio if Portman were to become Romney’s running mate, shrinking Obama’s lead to 5 percentage points.

A Quinnipiac University poll Thursday showed Treasurer Josh Mandel gaining ground on U.S. Sen. Sherrod Brown (D-OH), while President Barack Obama and Mitt Romney are in a virtual tie in Ohio. The poll showed Romney getting just a one point boost in the state if he picked U.S. Sen. Rob Portman (R-OH) as his running mate.

The National Federation of Independent Business endorsed Josh Mandel for U.S. Senate.

U.S. Rep. Bob Latta (R-Bowling Green) formally endorsed Mitt Romney for president.

EMPLOYMENT/UNEMPLOYMENT

The national unemployment rate dropped slightly to 8.1 percent in April, from 8.2 percent in March, as the nation added 115,000 new nonfarm payroll jobs. Much of the rate drop, however, was attributed to workers’ dropping out of the labor force.

FEDERAL

Progressive think-tank Innovation Ohio released a report Monday criticizing Congressional Republicans’ proposal to cover the costs of maintaining lower interest rates on federal student loans, saying it would cut preventive services that help stave off later, costlier health care problems. Interest rates on federal Stafford loans will soon double from 3.4 percent to 6.8 percent unless Congress takes action, and both Democrats and Republicans say they support preventing the increase. However, the U.S. House GOP is urging it be paid for through elimination of the federal Prevention and Public Health Fund, a creation of the Affordable Care Act.

Former U.S. Sen. George Voinovich spoke Wednesday to attendees at the State Government Luncheon of Ohio University, highlighting his work with the Committee for a Responsible Federal Budget and saying the national debt should be a higher priority for federal officials.

Ohio U.S. Rep. Jim Renacci (R-Wadsworth) and U.S. Sens. Rob Portman (R-Ohio) and Joe Manchin (D-WV) Thursday introduced legislation authorizing the U.S. Mint to create a commemorative coin in recognition of the Pro Football Hall of Fame in Canton.

GAMING

Charity “card rooms” are out as the Senate Government Oversight and Reform Committee Tuesday finished up work on the gambling omnibus bill authorizing slot machines at racetracks, HB386 (Blessing). Committee Chair Sen. Bill Coley (R-West Chester) said it is his intent to put those provisions in a separate bill on charity gaming that is already being developed, working on it over the summer. The Senate went on to easily pass HB386 by a vote of 29-3 with three Republicans voting against it: Sens. Shannon Jones (Springboro), Kris Jordan (Powell) and Peggy Lehner (Kettering). The House then voted to reject Senate amendments to HB386, likely sending it on to conference committee, with Rep. Lou Blessing (R-Cincinnati) saying members needed more time to review the changes.

The Ohio Casino Control Commission unanimously gave thumbs up to a license for the new Toledo casino, following the recommendation of Gov. John Kasich’s hired gaming expert. The only questions raised by the commission during Wednesday’s hearing involved Penn National’s revelation that it will be purchasing the Harrah’s casino in St. Louis.

GENERAL ASSEMBLY/STATEHOUSE

The Controlling Board barely approved a request Monday from the Petroleum Underground Storage Tank Release Compensation Board to increase its appropriation levels for this fiscal year and next. Three Republican lawmakers on the board — Rep. Ron Amstutz (R-Wooster) and Sens. Shannon Jones (R-Springboro) and
Chris Widener (R-Springfield) — objected to the request, which board Executive Director Starr Richmond said was necessary partly to cover employee raises and health insurance increases. The agency is fee-funded and does not use General Revenue Fund money.

Ohio House Democrats announced Tuesday the appointment of former Ohio Treasurer Kevin Boyce to the 27th Ohio House District in Franklin County. This seat was formerly held by Carlton Weddington, who resigned in March after being indicted on bribery, election falsification and filing a false ethics disclosure statement. Boyce, who was sworn in on Wednesday, May 9, returns to public life after serving as the managing director at Rice Financial, where he specialized in municipal bonds.

The House on Tuesday approved HB118 (Fende) with a 78-17 vote, which would increase penalties for violent crimes when the victim is a judge or magistrate. Representatives also unanimously approved HB184 (Martin), which designates March as Multiple System Atrophy Awareness Month, and HCR31 (Landis-Okey), which urges the U.S. Army Corps of Engineers to repair the levee protecting the historic Tuscarawas County village of Zoar.

The House also concurred with Senate amendments to HB158 (Stebelton-Okey), which deals with antennae regulations for amateur radio operators, on a 92-3 vote, sending the bill on to the governor for his signature.

The House passed HB521, which expands the film production tax credit; HB334, which deals with tracking over-the-counter drugs used in methamphetamine production; HB492, designating May as Melanoma and Skin Cancer Detection and Prevention Month; HB417, which requires health care entities to notify a patient when a physician’s employment is terminated; and HB334, which allows infrastructure improvement charges for water and sewer companies between rate cases.

After more than 15 hours and 58 witnesses, SB310 (Balderson), the bill to ban new ownership of certain dangerous animals, is poised to move to its fifth hearing in the House Agriculture and Natural Resources Committee, which could come as early as Tuesday, May 15. On Thursday, 10 more people offered their positions on the proposed legislation after the hearings on Tuesday and Wednesday went until midnight.

In other legislation action, the House Agriculture and Natural Resources Committee reported out HB420 (Peterson-Stinziano) which provides for the licensing of companies which provide nuisance wild animal removal or control services; SB302, which deals with background investigations for solid, hazardous and infectious waste laws; the House Health and Aging Committee reported out HB251, which deals with regulation of Oriental medicine; the House Judiciary and Ethics Committee reported out HB279 (Grossman-Driehaus) which deals with kinship caregivers; the House State Government and Elections Committee reported out HB481 (Hackett) which revises regulation of funeral homes; the House Transportation, Public Safety and Homeland Security Committee reported out HB316 (Rosenberger), which deals with regulating the height of motorcycle handlebars; the House Veterans Affairs Committee reported out HR297, which honors African-Americans Ohioans who enlisted in the Massachusetts volunteer infantry during the Civil War; HCR42, which urges the U.S. Department of Defense to reconsider proposed force reductions at Rickenbacker Air National Guard Base; HCR43, which urges Congress to appropriate money for tele-medical diagnosis and treatment of brain injuries for service members and veterans; and HCR44, which honors Vietnam veterans who served during the Mayaguez incident; the Senate Insurance, Commerce and Labor Committee reported out HB491 (Young-Kozlowski) which designates June as “Ohio Wines Month”; the Senate Judiciary Committee reported out SB224 (Obhof) which deals with written contracts; and HB326 (McClain-Hill) which deals with the use of public funds; the Senate State and Local Government and Veterans Affairs Committee reported out SB321, which makes changes to library laws; and the Senate Ways and Means and Economic Development Committee reported out HB436, which would create a SiteOhio certification program for marketing development sites; SB320, which extends the time for local governments to enter into enterprise zone agreements; and HB365, which deals with enhanced federal income tax depreciation deductions.

GOVERNOR

The governor signed the following bills: HB18 (Baker), to authorize a nonrefundable tax credit for a business
that increases payroll and expands into a vacant facility; HB152 (Mallory), to exempt amateur boxing, kick boxing, karate, or wrestling events that benefit a charitable organization conducted under the fraternal order of police or the Ohio Association of professional firefighters from regulation by the Ohio Athletics Commission; SB260 (Obhof), to designate May as “Pediatric Stroke Awareness Month” and SB268 (Eklund), to provide for the taking of a DNA sample from a person who is charged with a felony but not arrested for the offense or whose DNA sample related to a felony offense was not taken when required.

HEALTH & HUMAN SERVICES

Gov. John Kasich said Monday his administration will now focus on the dispensing end of prescription pain killers at the state’s emergency rooms (ERs) and urgent care centers/acute care facilities — the next step in his war on prescription drug abuse in Ohio. Under a “protocol” or new set of rules and guidelines, ERs and urgent care centers will prescribe only a three-days’ supply of pain killers, among a number of other steps intended to stem the flow of legally provided pain killers into the state.

The Kasich administration announced plans Friday to merge the Department of Mental Health and the Department of Alcohol and Drug Addiction Services, with DMH Director Tracy Plouck to head the new agency. The merger is to be effective July 1, 2013, with additional backroom functions combined in the meantime.

Registrations close Friday, May 11 for the Center for Community Solutions’ 70th Annual Human Services set for Friday, May 18 at the John S. Knight Center in Akron. Speakers at this year’s conference include John Kania, co-author of “Collective Impact,” a strategy for addressing large scale social problems, and managing director of FSG, a social impact consulting firm; and Stacey Bess, a teacher and author of Nobody Don’t Love Nobody.

The National Alliance on Mental Illness (NAMI) of Ohio launched its statewide tour with the new “NAMImobile” at the Statehouse Wednesday. The tour bus will take a group of people around the state to promote Mental Health Awareness Month.

HIGHER EDUCATION

Shawnee State University’s (SSU) broadband capabilities will take a big step forward later this year due to the expansion of Ohio Academic Resources Network (OARnet) in southern Ohio.

University of Toledo (UT) law student M. Zack Hohl has been named the winner of the Ohio State Bar Association’s 2012 Environmental Law Award for his paper titled “The Great Lakes Compact: States Suffering from Withdrawal.”

The Ohio Third Frontier program recently made three grants to Kent State University (KSU) researchers through the newly established Technology Validation and Start-up Fund, which promotes the commercialization of Ohio technologies developed by the state’s institutions of higher education.

A collaborative effort between colleges at the University of Cincinnati will help train a new generation of public health advocates to end cultural barriers that prevent minority populations across the country from receiving critical care tailored to their unique needs.

The dismantling of eTech Ohio moved 180 degrees Thursday as Chancellor Jim Petro announced to the commission that language abolishing the agency will be pulled from Mid-Biennium Review HB487 (Amstutz), keeping the commission intact.

Mark Kvamme, interim chief investment officer and president of JobsOhio, will deliver the Columbus College of Art & Design (CCAD) commencement address on Saturday in the Ohio Theatre.

JUDICIAL

Ohio Supreme Court Administrator Steven Hollon provided the Task Force on the Funding of Ohio Courts an overview of Ohio’s complex configuration of county, municipal, common pleas, appeals and mayors’ courts Friday, an overlapping system of jurisdictions and legal disciplines that varies widely from one region to the next.

The Supreme Court of Ohio Friday said that out of the 397 applicants who took the February 2012 Ohio Bar Examination, 250 or 63 percent of the applicants received passing scores. Sen. Larry Obhof (R-Medina) was among those who passed.

A unanimous Supreme Court of Ohio Thursday rebuffed the Cincinnati Enquirer’s public records request for names of police officers involved in a September 2010 shootout with the Iron Horsemen motorcycle gang. The Court found the potential threat to officers and their families was sufficient for a right-to-privacy exemption for public records laws.

NATURAL RESOURCES

The Ohio Department of Natural Resources (ODNR) announced this year’s fly-fishing lottery for the Castalia State Fish Hatchery on Cold Creek. Seventy-five beginner slots are available in 2012, with an entry deadline of Aug. 1.

The effort to create a stronger regulatory format for companies who hope to drill for oil and gas in Ohio moved another step forward Monday when the Joint Committee on Agency Rule Review (JCARR) allowed the Ohio Department of Natural Resources (ODNR) to go ahead with plans to implement stricter standards under 128-SB165 (Niehaus).

A national environmental advocacy group, Environmental Defense Fund (EDF), is speaking out in favor of hydraulic fracturing in Ohio, as long as the state takes the right approach. EDF believes there is a potential
“environmental upside” to developing shale gas.

A large number of hunters, anglers and boaters gathered at the Ohio Statehouse Tuesday to make their case against HB473 (Wachtmann), which addresses the Great Lakes Compact. They said the legislation does not do enough to protect Lake Erie and its tributaries and they disagree with the bill’s definition of an “aggrieved person,” which is specified as someone who has a direct economic or property interest in a decision that could adversely affect Lake Erie or its tributaries. They believe it leaves out those who use the waters on a recreational basis.

PENSION FUNDS

Senate President Tom Niehaus (R-New Richmond) and Senate Minority Leader Eric Kearney (D-Cincinnati) introduced their bipartisan bills Tuesday to enact pension reforms sought by the state’s retirement systems. They pushed enactment of the plans at a morning press conference and in afternoon testimony to the Senate Insurance, Commerce and Labor Committee. Niehaus and the committee’s chairman, Sen. Kevin Bacon (R-Minerva Park), said the bills could pass as early as next week.

Groups representing public workers and retirees told a Senate committee Wednesday they’re largely on board with proposed pension system changes, if not enthusiastic about them. Senate President Tom Niehaus (R-New Richmond) has said his push to get pension reform out of the Senate this spring is contingent on the retirement systems’ demonstrating stakeholder support for their long-term plan.

Members of the Ohio Retirement Study Council quizzed executives from the five state retirement systems Wednesday on what incentives or disincentives local jurisdictions have to push the responsibility of supporting disabled workers on to the pensions, and how closely they work with the Bureau of Workers’ Compensation.
The council voiced particular concern about the Ohio Police & Fire Pension Fund, not necessarily because of its much higher disability rates — to be expected in strenuous safety-forces work — but because of wide variations in disabilities among city police forces.

PEOPLE

Dayton attorney Jonathan Hollingsworth Friday became the Ohio State Bar Association’s (OSBA) president-elect at the group’s annual convention in Cincinnati. Hollingsworth will take office as OSBA president on July 1, 2013.

Matt Habash, CEO and president of Mid-Ohio Foodbank, received the “Democracy in Action” award from the League of Women Voters of Metropolitan Columbus, the group’s highest honor.

Michael Coury was elected as president of the Ohio Health Care Association (OHCA) by the organization’s Board of Directors at the OHCA 2012 Annual Convention and Exhibition.

Ohio House Clerk Jennifer Woodring and her husband, Mark, announced the birth of Olivia Grace Woodring on Monday.

POLITICS

A coalition of Tea Party groups around the state, the Ohio Liberty Council, announced that it is changing its name to the Ohio Liberty Coalition.

POLLS/STUDIES

While Ohio voters are still split on Gov. John Kasich, giving him a negative 41 percent to 44 percent positive approval rating, they like his proposal to raise taxes on natural gas drilling in order to give Ohioans an income tax cut, a new Quinnipiac University poll said.

STATE GOVERNMENT

The Ohio Ethics Commission issued an advisory opinion this week telling Ohio Oil and Gas Commission member Robert W. Chase that his consulting work may conflict with his duties on the commission. Chase provides services to landowner groups and associations whose members are interested in leasing properties to oil and gas producers for the development of wells.

The Ohio Department of Commerce Division of Liquor Control said Thursday it has granted a new liquor manufacturing license in line with recent state law changes allowing expanded distilling in Ohio. Painesville-based Seven Brother Distilling Company was approved for a new A3A permit that allows distilleries making less
than 10,000 gallons of liquor per year to offer tasting samples and carryout sales. The new permit was created with passage of HB243 (Kozlowski).

Inspector General Randy Meyer’s office said in a report released Thursday that the Ohio Department of Job and Family Services failed to properly oversee grant funding from the 2009 federal stimulus legislation.

TRANSPORTATION

The Ohio Rail Development Commission (ORDC) Thursday approved $226,000 in funds for a rail line that it might purchase in the near future. The Jackson Line, which is currently operated by U.S. Rail and owned by the city of Jackson, runs through Jackson, Vinton and Ross counties. ORDC is considering taking over ownership of the line.

WORKFORCE

House Republicans this week introduced a legislative package to change workforce development efforts in Ohio, including a revamped Executive Workforce Board they hope will provide the vision and data-gathering needed to eventually simplify a system now spread across dozens of programs. Other changes seek to encourage more on-the-job training, ensure compliance with federal regulations and match workers’ skills to the needs of the booming energy sector. The House Economic and Small Business Development Committee heard initial testimony Thursday on the changes proposed in HB538 (DeVitis-Landis), HB539 (Derickson-Thompson), HB540 (Newbold-Slaby) and HB541 (C. Hagan-Sprague).