NAIOP Weekly Legislative Report Prepared by: The Law Offices of Matthew G. Kallner Report created on February 17, 2010

Ohio Department of Development

2/16/10: COMMUNITIES RECEIVE $283,700 IN WATER AND SEWER FUNDS Grants to Improve Infrastructure Systems

Lisa Patt-McDaniel, Director of the Department of Development, announced that Trumbull County and the Village of Cadiz will receive grants totaling $283,700 from the federally funded Water and Sanitary Sewer Program, administered by the Department’s Office of Housing and Community Partnerships. The funds are administered to improve the overall function and efficiency of the water and sanitary sewer systems and will benefit approximately 40 households.

“The Water and Sanitary Sewer Program aims to create a safe and sanitary living environment for Ohio’s citizens,” Patt-McDaniel said. “The funds provided through the program will assist Trumbull County and the Village of Cadiz in addressing critical improvements that help eliminate health hazards.”

Trumbull County (Weathersfield Township) will receive a $222,700 grant to address on-site septic systems in the Gilbert Street area of Weathersfield Township. The County plans to install approximately 1,659 linear feet of sewer line and a lift station. The County will assist five eligible low- and moderate- income households connect to the system. The estimated $445,400 project will assist 15 households.

Village of Cadiz (Harrison County) will receive a $61,000 grant to address waterline breakage along Jamison Avenue. The Village plans to replace approximately 1,500 linear feet of waterline. The estimated $244,100 project will assist 25 households.

Week in Review Friday, February 12, 2010

AGRICULTURE

Ohio farmers who want to preserve their farmland through the Clean Ohio Agricultural Easement Purchase Program can now find the 2010 application on the Ohio Department of Agricultures website at www.agri.ohio.gov. The applications are used by the department to evaluate and purchase agricultural easements to preserve Ohio’s farmland. All applications must be submitted to the department by no later than 5 p.m. on April 26.

BUDGET

Gov. Ted Strickland released information Thursday demonstrating that the austerity executive order he issued has been effective in reducing state agency, board and commission spending by $366 million on contracts, maintenance and equipment for the first six months of FY10 compared to the same period in Confidential Subject to Attorney-Client Privilege Page 1 2/17/2010 FY09. The results were outlined in a quarterly report submitted to the governor by Office of Budget and Management Director (OBM) Pari Sabety and Department of Administrative Services (DAS) Director Hugh Quill.

2010 ELECTIONS

Attorney General Richard Cordray certified the petition summary for a proposed constitutional amendment campaign to install anti-cruelty standards at the new Livestock Care Standards Board. The petition now must go to the Ohio Ballot Board, which will determine if the proposal represents one amendment or needs to be split into multiple amendments.

Former U.S. Rep. Rob Portman out raised all other candidates for the U.S. Senate seat from Ohio, reporting $6 million on hand through Dec. 31, the end of the last filing period. His primary opponent, auto dealer Tom Ganley, had $1.6 million. On the Democrats side, Lt. Gov. Lee Fisher had $1.8 million, while Secretary of State Jennifer Brunner had $60,859.

Manfred Schreyer, a German-born restaurateur from Eaton, said he will challenge U.S. House Minority Leader John Boehner (R-West Chester) in the Republican primary.

LetOhioVote.org filed a second round of 177,000 signatures after falling 27,000 signatures short of the 325,000-signature threshold needed to gain a spot on the November ballot for its planned referendum on Gov. Ted Strickland’s slots-at-racetracks plan.

Hardin County attorney Steve Christopher is planning to challenge former U.S. Sen. Mike DeWine for the Republican nomination for attorney general, according to The Dayton Daily News.

The Ohio Ballot Board approved official ballot language for renewal of the Third Frontier and relocation of the Columbus casino. The board will meet again next week to approve formal arguments for and against the two proposed constitutional amendments.

With the Feb. 18 filing deadline fast approaching, a number of candidates on both sides of the aisle continued to jump into Ohio House, Senate and congressional races.

A Rasmussen Reports poll shows leading 47-41 in his bid to unseat Gov. Ted Strickland. Strickland posted a 46-53 approval-disapproval rating in the poll.

Former U.S. Sen. Mike DeWine’s campaign for attorney general released results of a poll by Republican pollster Neil Newhouse showing DeWine leading incumbent Attorney General Richard Cordray 50 percent to 32 percent.

Clerk of the Franklin County Court of Common Pleas Maryellen O'Shaughnessy officially kicked off her bid for secretary of state Wednesday at the Ohio Democratic Party headquarters in Columbus, pledging to work towards greater participation in elections and improving relations between the office and Ohio businesses. O'Shaughnessy will take the place of Rep. Jennifer Garrison (D-Marietta) as the party's standard-bearer.

Two former state legislators vying for a state Senate seat have combined forces to take down the current occupant of the seat. Former Reps. Tom Brinkman and Michelle Schneider, both Republicans, had been vying for the 7th District Senate seat previously held by the late Bob Schuler and now held by Sen. Shannon Jones (R-Springboro). With his eye now on the Hamilton County auditor position, Brinkman endorsed Schneider Thursday. Schneider also signed an anti-tax pledge.

Ohio Democratic Party Chairman Chris Redfern endorsed Ben Kessler for the 3rd Senate District seat.

The Ohio Education Association endorsed Ted Strickland for governor; Maryellen O'Shaughnessy for secretary of state; Kevin Boyce for treasurer; and David Pepper for auditor.

Confidential Subject to Attorney-Client Privilege Page 2 2/17/2010 ENERGY

The state of Ohio launched the Ohio Energy Gateway Fund, a public-private partnership that Gov. Ted Strickland said will expand access to capital to grow and sustain the fuel cell, solar, wind and energy storage industries in Ohio. The fund, established through a partnership between Ohio Department of Development (ODOD) Director Lisa Patt-McDaniel and Mark Shanahan, energy adviser to Strickland and executive director of the Ohio Air Quality Development Authority (OAQDA), includes a $40 million commitment of advanced energy funds from the state stimulus plan and federal American Recovery and Reinvestment Act State Energy Program.

GENERAL ASSEMBLY/STATEHOUSE

House Democrats said they would begin taking resumes and applications of those hoping to replace Rep. Tyrone Yates (D-Cincinnati), who was appointed to Hamilton County Municipal Court by Gov. Ted Strickland.

The Controlling Board objected to requests from Youngstown State University for money to buy property adjacent to its campus, with board members raising concerns the property was overpriced.

Heavy snowfall led lawmakers to cancel voting sessions and most committee meetings for the week, with the House bailing early Tuesday and the Senate hanging on through most of its meetings that day before canceling all Wednesday commitments.

Senate President Bill Harris (R-Ashland) shuffled committee membership. On Finance and Financial Institutions, he removed Sens. Bill Seitz (R-Cincinnati) and Mark Wagoner (R-Toledo) and appointed Sens. Karen Gillmor (R-Tiffin) and Chris Widener (R-Springfield). On Judiciary-Civil Justice, he removed Wagoner and appointed Sen. Kirk Schuring (R-Canton). On State and Local Government and Veterans Affairs, he removed Wagoner and appointed Sen. Kevin Coughlin (R-Cuyahoga Falls).

Rep. Ron Gerberry (D-Austintown) introduced HB433, which would create an Energy Efficiency Stakeholder Advisory Group to monitor and review the development of energy efficiency and peak demand reduction programs in Ohio.

Facing mounting criticism, House Speaker Armond Budish (D-Beachwood) changed his mind Wednesday and will allow an Ohio teen to be recognized on the House floor for winning a National Right to Life oratory contest. Budish had signed the resolution honoring 19-year-old but refused a request from the resolution's sponsor, Rep. John Adams (R-Sidney), to recognize her on the floor, citing the political nature of Right to Life. The Ohio chapter and the American Civil Liberties Union (ACLU) of Ohio said that the rejection of the ceremony gave the impression that Budish was trying to silence views other than his own.

NATURAL RESOURCES

Gov. Ted Strickland sent a letter to U.S. EPA chief Lisa Jackson advocating regional cooperation on stopping the spread of Asian carp to the Great Lakes, asking for consideration of closing a Chicago canal to the lakes, relaxed wastewater standards that could make the canal uninhabitable for the fish, new infrastructure to transport over land what now goes through canals, and stronger federal laws on ballast water.

PEOPLE

Rep. Bob Hagan (D-Youngstown) suffered a concussion and an injured rib and needed 11 stitches after he was punched in the face at a Youngstown restaurant, The Vindicator reported.

Ohio State University hired Geoffrey S. Chatas, recently a manager director at JP Morgan Asset Management, as chief financial officer at a salary of $625,000/year to replace the retiring William Shkurti who earns $341,000/year.

Confidential Subject to Attorney-Client Privilege Page 3 2/17/2010

Cleveland’s MetroHealth System hired John Corlett, a former Ohio Medicaid director, as vice president for government relations and community affairs.

Attorney Luther Liggett Jr. joined the firm of Luper Neidenthal & Logan.

The Ohio Ethics Commission re-elected Lima attorney Ben Rose as chair and Capital University Law School Associate Dean Shirley Mays, vice chair. Rose, who chaired the commission in 2009, has been a member since 2006.

Bills we are tracking

HB176 SEXUAL/GENDER DISCRIMINATION (STEWART, D) To prohibit discrimination on the basis of sexual orientation or gender identity. Current Status: 9/22/2009 - Referred to Committee Senate Rules All Bill Status: 9/15/2009 - PASSED BY HOUSE, Passed, as amended 56-38 9/15/2009 - Bills for Third Consideration 6/17/2009 - REPORTED OUT AS AMENDED, House State Government, (Fourth Hearing) 6/10/2009 - House State Government, (Third Hearing) 6/3/2009 - House State Government, (Second Hearing) 5/27/2009 - House State Government, (First Hearing) 5/13/2009 - Referred to Committee House State Government 5/12/2009 - Introduced

HB324 ENVIRONMENTAL REVIEW APPEALS COMMISSION (YATES, T) To eliminate the schedule in accordance with which the Environmental Review Appeals Commission must issue written orders concerning certain actions that were filed with the Commission and to make an appropriation. Current Status: 10/27/2009 - Referred to Committee House Finance and

Appropriations All Bill Status: 10/21/2009 - Introduced

SB2 FEDERAL INFRASTRUCTURE FUNDING (CAREY, JR., J) To provide for the distribution of moneys received by the state from the federal American Recovery and Reinvestment Act of 2009 by making appropriations and to declare an emergency. Current Status: 3/18/2009 - Referred to Committee House Finance and

Appropriations All Bill Status: 3/11/2009 - PASSED BY SENATE, Passed as amended, Vote 30-0 Emergency 30-0 3/11/2009 - Bills for Third Consideration 3/10/2009 - REPORTED OUT AS AMENDED, Senate Finance and Financial Institutions, (Fifth Hearing) 3/3/2009 - SUBSTITUTE BILL ACCEPTED, Senate Finance and Financial Institutions, (Fourth Hearing) 2/24/2009 - Senate Finance and Financial Institutions, (Third

Hearing) 2/18/2009 - Senate Finance and Financial Institutions, (Second Hearing) 2/17/2009 - Senate Finance and Financial Institutions, (First Hearing) 2/12/2009 - Referred to Committee Senate Finance and Financial Institutions 2/10/2009 - Introduced

Confidential Subject to Attorney-Client Privilege Page 4 2/17/2010 SB17 COMPENSATORY TIME OFF (COUGHLIN, K) To afford to private sector employers the option to offer and to employees the option to accrue and use compensatory time off. Current Status: 5/6/2009 - Senate Committee recommends passage, Vote 8-3 All Bill Status: 5/5/2009 - REPORTED OUT, Senate Insurance, Commerce and Labor, (Fourth Hearing) 3/31/2009 - Senate Insurance, Commerce and Labor, (Third Hearing) 3/24/2009 - Senate Insurance, Commerce and Labor, (Second Hearing) 3/10/2009 - Senate Insurance, Commerce and Labor, (First Hearing) 2/12/2009 - Referred to Committee Senate Insurance, Commerce and Labor 2/10/2009 - Introduced

Bills Introduced Since 2/8/2010

HB439 TAX EXEMPTION-RENEWABLE ENERGY (PHILLIPS, D) To exempt from property taxation the cost of energy-conservation or renewable energy improvements to business property and to authorize an additional income tax deduction for the costs of such improvements if the property is sold for a gain. HB440 ALCOHOL TREATMENT-MEDICAID (BALDERSON, T) To require the Director of Job and Family Services to seek federal approval to establish an alcohol and controlled substance testing and treatment component of the Medicaid program. HB441 HIGHWAY NAME DESIGNATION (GROSSMAN, C) To designate part of Interstate 71 in southern Franklin County as the "Deputy Marty Martin Memorial Highway." HB442 COMPLEMENTARY HEALTH SERVICES (YUKO, K) Regarding the provision of complementary or alternative health services. HB443 ENERGY EFFICIENCY (GERBERRY, R) To create the Energy Efficiency Stakeholder Advisory Group to review energy efficiency and peak demand reduction programs and relater matters and to require the group to make a recommendation regarding its continuation to the General Assembly by December 31, 2024. HB444 LICENSE PLATES (GOYAL, J) To create Power Squadron license plates. HB445 LOCAL ENTERTAINMENT DISTRICTS (LETSON, T) To establish local entertainment districts in municipal corporations or unincorporated areas of counties of specified populations for the purpose of the issuance of D-1, D-2, and D-5 liquor permits under specified conditions. HB446 PRIVATELY RUN FACILITIES (HARRIS, M) To require that any privately run non-Ohio agency, hone, school, camp, institution, or other entity or residential facility to which Ohio abused, neglected, dependent, unruly or delinquent children are committed comply with the same standards that are applicable to in-state agencies, homes, schools, camps, institutions, or other entities or residential facilities. HB447 ELECTRONIC WASTE (MURRAY, D) To establish a recycling program for covered electronic devices, to create the Electronic Waste Advisory Council to evaluate and make recommendations and prepare a report concerning recycling of those devices, and to terminate the Electronic Waste Advisory Council on July 1, 2013, by repealing section 3734.927 of the Revised Code on that date. HB448 SCHOOL BUSES (CHANDLER, K) To require all school buses purchased, leased, or rented after January 1, 2014, to transport students to and from school to be equipped with a seat belt assembly for all passengers. HB449 DISPOSITION OF HUMAN REMAINS (UJVAGI, P) To allow a DD Form 93, Record of Emergency Data, to satisfy the written declaration requirements for designating a person authorized to direct disposition of human remains.

Confidential Subject to Attorney-Client Privilege Page 5 2/17/2010 HB450 CRIMINAL PENALTIES (DRIEHAUS, D) To increase the penalty for assault when the victim is a registered nurse or a licensed practical nurse engaged in the performance of official duties whom the offender knows or has reasonable cause to believe is a registered nurse or a licensed practical nurse. HB451 COLORECTAL EXAMINATIONS (LETSON, T) To require certain health care plans to provide benefits for colorectal examinations and laboratory tests for cancer.r

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