CAPITOLCREATIVE

Ohio Alliance of YMCAs

40 West Long St, Columbus, OH 43215 BRIEFNAME February 2012 www.ohioymcas.org

A legislative newsletter for CEOs, CVOs, Staff, and Partners of the Alliance of YMCAs

IN THIS ISSUE

PUCO Rescinds AEP Rate Hikes

“Right to Work” Ballot Issue PUCO RESCINDS AEP for November Education Files Waiver that RATE HIKES Affects 21st Century Funding

Electricity rates for American Electric Power customers in the state will High Court Rules State Legislative return approximately to last year's levels after the Public Utilities Districts Stand, For Now Commission of Ohio this month rescinded a rate plan approved last year that drew loud protests from small businesses, schools, and other groups. Governor Makes Second State of the State Address Commissioners voted unanimously to restart the process of working out a rate agreement for AEP Ohio, but said repeatedly they'll keep moving Attorney General and Legislature toward market-based rates for electric utilities, and that certain customer Enter Contraception Debate classes can't expect to be subsidized by others. Clean Energy Also May Join "In this matter there remain many disputed issues that have far-reaching Fall Ballot impacts for Ohio, for AEP, and for the customers that it serves. Rather than make an expedient or politically easy decision in response to one Senate Republicans Consider issue or another, the best course of action for us to take is to step back Repealing that is and to reset the process, which will allow all parties the full opportunity to Slated for Ballot develop their positions on the record and provide the Commission all of the necessary information we need to make the best decision possible," ENJOY THIS ISSUE? Commission Chairman Todd Snitchler said. "Nothing in our action today should be perceived or understood as the Commission moving away from Feel free to share this newsletter our goal of moving toward a more robust, competitive marketplace." with anyone who you think may find it useful. "I remain convinced that appropriately functioning markets will produce the best results for utilities and for consumers," said Commissioner Andre QUESTIONS, Porter. "I know that markets are not perfect currently. They need to be COMMENTS, IDEAS? modified so that utilities have long-term certainty, and so their customers have access on the retail side to varied options. Contact Beth Tsvetkoff at

[email protected]. AEP reacted by characterizing the Commission's decision to restart the process as an overreaction. "We are concerned by the Commission's Also follow Beth on at reaction to what we believe were solvable issues on rehearing," said a www.twitter.com/BethTsvetkoff, statement from AEP president and CEO. "We are currently evaluating our or at www.ohioymcas.org. options and the potential financial and operational impacts on AEP Ohio."

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Continued from front page EDUCATION With their downtown Columbus hearing room filled by those interested in FILES WAIVER the case, commission members stressed that they must rely solely on information in the official case record to decide on rate agreements. THAT AFFECTS "Therefore, we need a record based on full participation from what are ST now very interested parties that will allow this commission [to] direct a 21 CENTURY transition to market based on prices that are fair to all classes of customers, AEP, and competitive suppliers," said Commissioner Stephen FUNDING Lesser. The Ohio Department of The Commission said their decision leaves AEP's initial application, filed in Education (ODE) Tuesday January 2011, in place, giving the utility 30 days to withdraw or amend it. submitted the No Child Left The Commission said it will release a procedural schedule for hearing from Behind (NCLB) waiver application. parties in the case once AEP makes a decision. Just yesterday AEP filed new proposed rates with PUCO based on its old rate structure. Part of the waiver would allow local school districts to use up to st The PUCO had heard hundreds of complaints from AEP customers 25% of 21 Century Community following the December decision, and in turn also heard from Gov. John Learning Center dollars for in- Kasich and state lawmakers voicing concern about the effects of the school academic remediation. st rates. 21 Century afterschool providers, including YMCAs, have Following commissioners’ statements that they need full participation concerns about redirecting the from all parties to build a complete record in the case, the Council of only dedicated funding stream we Smaller Enterprises (COSE), the small-business affiliate of the Greater have for afterschool programs. Partnership, said it plans to intervene to ensure small business interests are represented. Several groups submitted letters of concern to ODE, including The Ohio Alliance of YMCAs understands that this AEP rate issue affects YMCAs. Below is an excerpt of some YMCAs in Ohio. Thus, we are keeping a close eye on these our comments: proceedings. “21st CCLC funding allows us to Compiled from Hannah News Service serve thousands of children in high quality after school programs all over Ohio. If a portion of the funding is used by school districts for in-school learning, it will “RIGHT TO WORK” BALLOT greatly reduce the number of children we are able to serve ISSUE FOR NOVEMBER? each year. In addition, partnerships may be strained A unanimous Ohio Ballot Board certified the Ohio Workplace Freedom between community-based Amendment, which bars participation in a labor organization as a organizations that desperately condition of employment, as one issue on the November ballot. The need funding for after school amendment would make it illegal to force an employee to join a union or programming and school districts to pay dues to the union. It is similar to other "right to work" laws and who also need funds for in-school amendments in 23 other states. remediation.

Prior to the Ballot Board’s certification, Attorney General Mike DeWine We encourage ODE to consult approved the summary language for the proposal. Conservative and Tea with school age professionals to Party activists had been spurned in their first attempt by the Attorney develop guidance around the General, who said the first submission's summary language did not expansion of use of 21st CCLC include language that is in the actual amendment. funds.”

Supporters now have until July 4 to submit 385,245 valid signatures in We, along with our partner order to be on the November ballot. organizations like the Ohio Afterschool Network, will continue As Compiled from Hannah News Service working with ODE.

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HIGH COURT GOVERNOR MAKES SECOND RULES STATE STATE OF THE STATE ADDRESS

LEGISLATIVE Gov. hit on many familiar themes in his second "State of the DISTRICTS State" address, highlighting some of the successes of his first year in office while making a few new policy announcements, including a focus on STAND, human trafficking, an improvement to Ohio's broadband network, and FOR NOW improved workforce training. In a packed auditorium at the Wells Academy in Steubenville, Kasich told The Ohio Supreme Court ruled in the audience that he wanted to get out of Columbus for his second February that new General speech, and wanted to highlight the performance of the school. Assembly districts will stand for this election because Democrats He spent most of the first half of the nearly hour-and-a-half speech took too long to file their highlighting major policy accomplishments, including changes to Medicaid, objections, but justices said they sentencing reform, and JobsOhio. He also highlighted businesses that will hear additional arguments on have moved jobs into the state, and said Ohio is the number one job whether the redrawn maps should creator in the Midwest and ninth overall in the country. last for the entire decade. “When I came to office, we had 89 cents in the Rainy Day Fund. Try Democrats had alleged that the $247 million in the Rainy Day Fund today,” he said. new state legislative district boundaries violated the Ohio Much of the speech hit on points that Kasich has made publicly over the Constitution because they divided past few months. The Governor also hit on the divided political counties, cities, and other environment, calling for both sides to try to find issues they can work jurisdictions too much and were together on and build on the state's accomplishments. drawn based on other criteria, such as political indices and "If it wasn't for bipartisan support, I wouldn't be standing in Steubenville campaign contributions. (See the today," he joked, referencing the close House vote on the resolution to January 2012 Capitol Brief.) move the speech from Columbus.

Their lawsuit also claimed He said he wants to tackle the human trafficking issue. After noting Heather Mann and Ray DiRossi, efforts to tackle the prescription drug problem in parts of Ohio, he said he co-secretaries of the wants a war on the slave trade business in the state as well. He noted Apportionment Board, violated that more than 1,000 Ohio children with the average age of 13 are in the open meetings laws by working in slave trade business, and pointed to efforts by Rep. Teresa Fedor (D- secret with Republican members Toledo) to tackle the problem. and operatives. But justices dismissed those claims on On prison reform, he said he is working with former Secretary of State jurisdictional grounds. Jennifer Brunner on tackling collateral sanctions, which he said can keep some former non-violent felons from getting jobs. In a 6-1 ruling, the Court denied the request to block using the Kasich unveiled the Governor's Courage Awards during the speech. He maps for the 2012 election, based said these awards would highlight Ohioans who do special things. Three on the principle of "laches," a medals were given to Jo Anna Krohn, whose son died of prescription drug requirement for certain claims to abuse; Theresa Flores, a former victim of human trafficking who is now be pursued with more speed and director of a faith-based care and rehabilitation home for girls who've diligence. Laches does not, been victimized; and the family of U.S. Army Specialist Jesse Snow, who however, block challenges to the posthumously received the Silver Star for valor in combat in Afghanistan. maps for future elections, the Supreme Court ruled. The Court In one of the biggest policy announcements of the speech, Kasich said "will issue a separate order for that his administration is going to boost the speeds of Ohio's high-speed further briefing and oral broadband network, OARnet, ten-fold. The move, Kasich said, would help argument on those claims." research and job creation around the state.

Compiled from Hannah News Service Continued on page 4

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Continued from page 3 ATTORNEY GENERAL AND Kasich also tackled the issue of LEGISLATURE ENTER energy expansion, including coal and natural gas drilling, an issue CONTRACEPTION DEBATE that many predicted the Governor would address. Mike DeWine has joined with eleven other attorneys general in sending a letter to secretaries Kathleen Sebelius of The Governor stressed that the the U.S. Department of Health and Human Services, Tim Geithner of the process of hydraulic fracturing, U.S. Department of the Treasury, and Hilda Solis of the U.S. Department known as fracking, cannot of Labor regarding the Obama administration's mandate to require degrade the environment while religious employers that provide health insurance coverage for employees producing the industry, but he to cover contraception and related services. said that the state "cannot let our fears outweigh the potential." He "Religious organizations should not be forced by the federal government said the state must take its time to provide services that violate their spiritual and moral beliefs," DeWine in developing the natural gas said in a statement. "This policy is in direct conflict with the First industry, noting that only 36 wells Amendment of the U.S. Constitution which guarantees the freedoms of have been drilled so far. religion, speech, and association."

Kasich said he doesn't know what However, earlier that day, President , explaining that the he will do with the turnpike, and policy announced last month still had been undergoing review, outlined a reiterated that if it doesn't make revised approach: "Today, we've reached a decision on how to move sense, he won't move forward. forward. Under the rule, women will still have access to free preventive He added, "Everybody slow down, care that includes contraceptive services -– no matter where they work. chill out a little bit. Let us So that core principle remains. But if a woman’s employer is a charity or complete the study." a hospital that has a religious objection to providing contraceptive services as part of their health plan, the insurance company -– not the The Governor tackled education hospital, not the charity -– will be required to reach out and offer the last, discussing efforts to get Ohio woman contraceptive care free of charge, without co-pays and without universities to work closer hassles.” together and the creation of a "Workforce Training Reform Plan" "The result will be that religious organizations won’t have to pay for these that will work with technical and services, and no religious institution will have to provide these services vocational schools and assist with directly. Let me repeat: These employers will not have to pay for, or matching workers with jobs. provide, contraceptive services. But women who work at these institutions will have access to free contraceptive services, just like other Meanwhile, House and Senate women, and they'll no longer have to pay hundreds of dollars a year that Democrats laid into Gov. Kasich could go towards paying the rent or buying groceries." after the speech, accusing him of failing to deliver on substance, The Ohio legislature also got involved in the heated debate over presenting a "retrospective" that contraception when Rep. Lynn Wachtmann (R-Napoleon) inserted an elided key problems of his first amendment into a bill concerning physicians’ assistants. The last-minute year, and taking credit for more amendment bans physician assistants from inserting or removing than he deserved. The core of intrauterine devices, or IUDs, a common form of birth control. Currently, many of their criticisms dealt not they are allowed to do so. with what the Governor talked about, but what he didn't. Slipped into the bill minutes before the committee approved the bill on a party-line vote, the amendment was not the subject of any testimony Those issues not discussed during the half-dozen hearings on the legislation. Wachtmann explained included local government cuts that he included the provision because of his belief that a fertilized egg is and the layoffs, SB 5, and giving a human life. IUDs prevent pregnancies by not allowing fertilized eggs to credit to President Obama for implant in the uterus. saving auto manufacturing. "I'm pro-life and I don't want to encourage any medical professionals Compiled from Hannah News Service including PAs to be able to do that," he said after the vote.

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Continued from page 4 "Without passing upon the advisability of the approval or rejection of the measure to be referred, … I hereby certify that the summary is a fair and House Democrats on the truthful statement of the proposed constitutional amendment," DeWine committee were angered by stated in a letter to the petitioners. Wachtmann's move. "This is a glaring example of ideology being The issue now heads to the Ohio Ballot Board, which will decide if it inserted into legislation where it should appear as one or more ballot issues. The petition group would has no place," said Rep. Nickie need to collect 385,253 valid signatures before July 4 in order to qualify Antonio of Lakewood. "The focus for the November 2012 ballot. of this bill was about expanding the scope of physician assistants As Reported by Hannah News Service and allowing them to better help their patients, and now it's being used to restrict women's rights to health care."

Antonio offered an amendment to SENATE REPUBLICANS gut Wachtmann's provision, but it CONSIDER REPEALING failed on a party-line vote. ELECTION LAW THAT IS SLATED Compiled from The Cleveland Plain Dealer and Hannah News Service FOR BALLOT

If he had his way, Sen. Bill Coley (R-West Chester) told Hannah News, CLEAN ENERGY the General Assembly would pass his bill, SB 295, which only repeals HB 194 (Mecklenborg-Blessing), the election law reform that faces a ALSO MAY referendum on the ballot in November. A bipartisan effort would then JOIN THE FALL produce changes in time for the November election, in a separate bill. BALLOT Arguing that SB 295 in actuality does what those Ohioans said they wanted done when they signed the HB 194 referendum petitions, Coley Attorney General Mike DeWine said, "I would rather do that sooner than later" and work on a bipartisan announced at the end of this bill for the November election now, referencing work that the Senate month that he certified the (including now Secretary of State ) and former Secretary of petition language for a proposed State Jennifer Brunner had begun two years ago. constitutional amendment that would require the state to commit But, Senate Republicans backed off Wednesday from quick passage of SB more than $1 billion a year for 295. The Senate Government Oversight and Reform Committee initially renewable energy sources. scheduled the bill for all testimony and a vote during a single hearing. But, the Committee recessed and later adjourned after hearing from Sen. The Ohio Clean Energy Initiative Coley and the League of Women Voters. amendment, submitted by “Yes for Ohio's Energy Future,” would Coley argued in committee that both Democrats and Republicans agreed require the state to issue $1.3 that the pre-HB 194 voting laws needed work, so junking the legislation billion in bonds each state fiscal and starting over from a compromise framework devised in the 128th year through SFY23. The money General Assembly should benefit both sides. could be spent to support energy infrastructure related to solar, Senate President Tom Niehaus (R-New Richmond) said that he sees no wind, biomass, battery reason to rush on repealing HB 194. He said he met with Senate Minority technology, and geothermal Leader Eric Kearney (D-), and they agreed to spend the next sources; research and couple weeks exploring the issues related to the bill. Niehaus said he's development; and site and facility serious about finding bipartisan agreement on a replacement for HB 194. development for clean energy. The amendment also would House Speaker William Batchelder (R-Medina) said he supports repealing commit $65 million in bond HB 194, but was unhappy there was nothing ready to replace it with. revenue to run the Ohio Energy Initiative Commission. Compiled from Hannah News Service

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