PUBLIC POLICY BULLETIN PUBLIC POLICY BULLETIN December 22, 2008 - - PDF document

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PUBLIC POLICY BULLETIN PUBLIC POLICY BULLETIN December 22, 2008 - - PDF document

Principled Strategic Innovative PUBLIC POLICY BULLETIN PUBLIC POLICY BULLETIN December 22, 2008 OHIO'S 127TH GENERAL ASSEMBLY WRAPS-UP BUSY LAME DUCK SESSION The final days of the lame duck session interns in SB 203; SB 320 toughens 450,


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The final days of the lame duck session were very busy for the members of the 127th General Assembly. The Ohio House concluded its work on Wednesday, December 17th, and sent

  • ver two dozen bills to the governor for

his signature, while the Ohio Senate concluded its business on Thursday, December 18th. This was the last session as the majority caucus for the House republicans. The democrats took control of the House in the general election, and will control the House in the 128th General

  • Assembly. Republicans used the lame

duck session to address some policy initiatives that were important to their

  • members. One such issue was election
  • reform. After several failed lawsuit

attempts during the campaign season, republican legislators addressed areas of concern regarding the early voting

  • period. SB 380 changed from 35 to 20

days before the election for absentee balloting, to address the overlap of the start of absentee voting and the deadline for voter registration; increase standards for the verification of absentee ballots; and direct the secretary of state to advise local election boards of mismatches between registration information and motor vehicle records. Current Secretary of State Jennifer Brunner believes the bill is flawed. The governor continues to review the bill, and has not stated whether or not he will veto the bill. In addition, the House passed bills to codify definitions of pharmacy technicians and qualified pharmacy interns in SB 203; SB 320 toughens penalties for organized retail theft; SB 279 alters certain licensing procedures and other state Medical Board oversight and was amended on the House Floor by

  • Rep. Shannon Jones (R-Springboro) to

remove provisions related to recommendations for rules on hospital quality; SB 277 provides for public nuisance-based foreclosures of blighted parcels in environmental courts. The House also agreed with Senate amendments on the following bills: HB318 allows townships to declare roads as "nonmaintained"; HB458 clarifies how townships pay for health insurance coverage and allows the entities more flexibility in spending revenues on road and bridge upkeep; HB525 finally establishes standard document formats for county recorders; HB79 provides for the continuation of the Bureau of Workers' Compensation rating system; HB420 increases transparency in state government contracting with additional discloser requirements and became a vehicle for additional legislative initiatives including state property conveyances, clarification of franchise agreements between beer and wine manufacturers and wholesale distributors, and Tax Increment Finance law changes; HB 130 modifies sentencing procedures for post release control, which included Senate amendments to broaden eligibility for the homestead tax credit to seniors in housing cooperatives and provisions regarding the distribution of earnest money in real estate transactions; HB 450, a military personnel handgun permit measure amended by Sen. Keith Faber (R-Celina), gives the Bureau of Motor Vehicles more time to comply with a program that allows the application of a veteran star on state identification cards; and an amendment from Sen. Teresa Fedor (D-Toledo) grants qualified state employees up to 20 hours of leave time per year to provide honors detail services at military funerals. There were several measures that did not succeed in the final days, including the asbestos legislation SB 370 which was defeated 48-45. Opponents feared it was a proposal to minimize the ability of asbestos contamination victims to obtain

  • compensation. In addition, HB446,

which would provide protections against "puppy mills", was killed in the Senate after a letter of opposition from the National Rifle Association was sent to Senate members. During the Senate's final session day, they passed HB649 to provide compensation to veterans of the Persian Gulf, Afghanistan and Iraq conflicts. The Governor, however, has indicated he will veto the bill because it utilizes the rainy day fund. The Senate also passed SB 391 to permit an alternative form of county government in a county having a population of 1.2 million or more, allowing it to have an elected chairperson, at-large members, and members from districts on the board of county commissioners. In addition, the Senate concurred House

OHIO'S 127TH GENERAL ASSEMBLY WRAPS-UP BUSY LAME DUCK SESSION

December 22, 2008

PUBLIC POLICY BULLETIN PUBLIC POLICY BULLETIN

Principled Strategic Innovative

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PUBLIC POLICY BULLETIN

amendments in the following bills: SB 129 permits local law enforcement agencies and fire departments to remove motor vehicles from the roadway after a motor vehicle accident and to provide immunity to local law enforcement agencies and fire personnel for the removal of damaged or inoperable vehicles from roadways; SB 147 permits the Department of Rehabilitation and Correction to recruit certain licensed health professionals through a loan repayment program and to modify the procedures used by the Correctional Institution Inspection Committee to inspect correctional institutions; SB 196 revises the Preneed Funeral Contract Law and exempts the requirement that health insurers cover routine patient care administered during a cancer clinical trial from the requirements regarding mandated health benefit review; SB 248 exempts certain armed forces discharges from inspection or copying as public record, prohibits failing to report the unauthorized use of certain electronic property to law enforcement authorities, and excuses certain military person from jury duty; SB 353 authorizes the creation of land reutilization corporations to facilitate the reclamation, rehabilitation and reutilization of vacant, abandoned, tax- foreclosed, or other real property to revise the expedited, non-judicial foreclosure procedure for abandoned lands; and SB 386 provides for the timely issuance of coal mining and reclamation permits.

Governor Orders $640 Million in Adjustments to Maintain Ohio's Balanced Budget

On Friday, December 19th, Governor Strickland ordered $640 million in budget adjustments to maintain a balanced budget. As the national economic climate continues to deteriorate, Ohio has experienced an accelerated decline in its revenues. This most recent adjustment is in addition to the $1.27 billion in adjustments the Administration has made already this year. The adjustment plan includes a 5.75% across-the-board cut to state agency spending levels with the exception of specific programs, including college tuition freeze and foundation funding for local schools. In devising the plan, the Administration anticipates a 6% increase in the federal share of

  • Medicaid. Governor Strickland

submitted a request to President-elect Obama, and is confident the federal government will include aid to the states in an economic recovery package. Certain line items have been held harmless, including: the Department of Education line items for foundation funding, and pupil transportation; Ohio Department of Job and Family Services line items for Medicare Part D, TANF and Child Care maintenance of effort, and Disability Financial Assistance; all General Revenue Fund (GRF) line items within the Department of Rehabilitation and Correction; all GRF line items within the Department of Youth Services; Ballot Board advertising reimbursement; all line items within the Department of Veterans' Services; debt service line items; line items related to tax relief; and all GRF line items for the legislative and judicial services.

Governor Releases Worst- Case Budget Scenario

In mid-December, the Governor asked all state agencies to consider what a 25% GRF might mean to their existing programs for the upcoming biennium

  • budget. This is a hypothetical scenario,

but provides insight to possible programs that may be cut or eliminated if there is a continued decline in state revenues due to the national economic

  • conditions. The analysis excludes

Medicaid, debt services, and tax relief.

Additional Information For additional information, please contact

  • C. David Paragas

(614) 223-9307 dparagas@beneschlaw.com Biographical information is available at www.beneschlaw.com December 22, 2008

As a reminder, this Advisory is being sent to draw your attention to issues and is not to replace legal counseling.

UNITED STATES TREASURY DEPARTMENT CIRCULAR 230 DISCLOSURE: TO ENSURE COMPLIANCE WITH REQUIREMENTS IMPOSED BY THE IRS, WE INFORM YOU THAT , UNLESS EXPRESSLY STATED OTHERWISE, ANY U.S. FEDERAL TAX ADVICE CONTAINED IN THIS COMMUNICATION (INCLUDING ANY ATTACHMENTS) IS NOT INTENDED OR WRITTEN TO BE USED, AND CANNOT BE USED, FOR THE PURPOSE OF (i) AVOIDING PENALTIES UNDER THE INTERNAL REVENUE CODE, OR (ii) PROMOTING, MARKETING OR RECOMMENDING TO ANOTHER PARTY ANY TRANSACTION OR MATTER ADDRESSED HEREIN.

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128th General Assembly Leadership

House Democrats

  • Rep. Armond Budish (Beachwood) – Speaker of the House
  • Rep. Matt Szollosi (Toledo) – Speaker Pro Tempore
  • Rep. Jennifer Garrison (Marietta) – Majority Floor Leader
  • Rep. Tracy Maxwell Heard (Columbus) – Assistant Majority Floor Leader
  • Rep. Jay Goyal (Mansfield) – Majority Whip
  • Rep. Allan Sayre (Dover) – Assistant Majority Whip

House Republicans

  • Rep. Bill Batchelder (Medina) – Minority Leader
  • Rep. Louis Blessing (Cincinnati) – Assistant Minority Leader
  • Rep. John Adams (Sidney) – Minority Whip

Rep-Elect Kris Jordan (Delaware) – Assistant Minority Whip

Senate Republicans

  • Sen. Bill Harris (Ashland) – Senate President
  • Sen. Tom Niehaus (New Richmond) – President Pro Tempore
  • Sen. Keith Faber (Celina) – Majority Floor Leader
  • Sen. Mark Wagoner (Toledo) – Majority Whip

Senate Democrats

  • Sen. Capri Cafaro (Hubbard) – Minority Leader
  • Sen. Shirley Smith (Cleveland) – Assistant Minority Leader
  • Sen. Ray Miller (Columbus) – Minority Whip
  • Sen. Jason Wilson (Columbiana) – Assistant Minority Whip

128th General Assembly Session Calendar

January 2009

Senate House

  • Jan. 05 Session at 1:30 p.m.

Session at 2:00 p.m.

  • Jan. 06 Session at 11:30 a.m.

Session at 11:30 a.m.

  • Jan. 28 Session at 11:30 a.m.

Session at 11:30 a.m.

February 2009

Senate House

  • Feb. 03 Committee Hearings

Committee Hearings

  • Feb. 04 Committee Hearings

Committee Hearings

  • Feb. 05 Committee Hearings

Committee Hearings

  • Feb. 10 Committee Hearings

Committee Hearings

  • Feb. 11 Committee Hearings

Committee Hearings

  • Feb. 12 Committee Hearings

Committee Hearings

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  • Feb. 17 Committee Hearings

Committee Hearings

  • Feb. 18 Session

Session

  • Feb. 19 Committee Hearings

Committee Hearings

  • Feb. 24 Session

Session

  • Feb. 25 Committee Hearings

Committee Hearings

  • Feb. 26 Committee Hearings

Committee Hearings

March 2009

Senate House

  • Mar. 03 Session

Session

  • Mar. 04 Session

Session

  • Mar. 05 Committee Hearings

Committee Hearings

  • Mar. 10 Session

Session

  • Mar. 11 Session

Session

  • Mar. 12 Committee Hearings

Committee Hearings

  • Mar. 17 Session

Session

  • Mar. 18 Session

Session

  • Mar. 19 Committee Hearings

Committee Hearings

  • Mar. 24 Session

Session

  • Mar. 25 Session

Session

  • Mar. 26 Committee Hearings

Committee Hearings

  • Mar. 31 Session

Session

April 2009

Senate House

  • Apr. 01 Session

Session

  • Apr. 02 Session

Session

  • Apr. 21 Session

Session

  • Apr. 22 Session

Session

  • Apr. 23 Committee Hearings

Committee Hearings

  • Apr. 28 Session

Session

  • Apr. 29 Session

Session

  • Apr. 30 Committee Hearings

Committee Hearings

May 2009

Senate House

  • May. 05 Session

Session

  • May. 06 Session

Session

  • May. 07 Committee Hearings

Committee Hearings

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  • May. 12 Session

Session

  • May. 13 Session

Session

  • May. 14 Committee Hearings

Committee Hearings

  • May. 19 Session

Session

  • May. 20 Session

Session

  • May. 21 Committee Hearings

Committee Hearings

  • May. 27 Session

Session

  • May. 28 Committee Hearings

Committee Hearings

June 2009

Senate House

  • Jun. 02 Session

Session

  • Jun. 03 Session

Session

  • Jun. 04 Committee Hearings

Committee Hearings

  • Jun. 09 Session

Session

  • Jun. 10 Session

Session

  • Jun. 11 Committee Hearings

Committee Hearings

  • Jun. 16 Session

Session

  • Jun. 17 Session

Session

  • Jun. 18 Committee Hearings

Committee Hearings

  • Jun. 23 Session

Session

  • Jun. 24 Session

Session

  • Jun. 25 Session

Session

  • Jun. 26 Session (if needed)

Session (if needed)

  • Jun. 29 Session (if needed)

Session (if needed)

  • Jun. 30 Session (if needed)

Session (if needed)

July 2009

Senate House

  • Jul. 01 Session (if needed)

Session (if needed)