CAPITOLCREATIVE

Ohio Alliance of YMCAs

40 West Long St, Columbus, OH 43215 BRIEFNAME January 2016 www.ohioymcas.org

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

BOHREN TESTIFIES IN IN THIS ISSUE Bohren Testifies in Support SUPPORT OF HB 334 of HB 334

Interested in Grants, but Need On January 26, Ed Bohren, CEO of the Licking County Family YMCA and Assistance? immediate past chair of the Ohio Alliance, testified in front of the House Ways and Means Committee in support of HB 334, which would repeal Medical Marijuana On Tap sales tax on YMCA and other nonprofit health memberships. Below is his for Legislature testimony.

US Supreme Court Refuses to “Good afternoon Chairman McClain and members of the House Ways and Hear Means Committee. I am Ed Bohren and I am the CEO of the Licking County Family YMCA. I also am the immediate past chair of the Ohio Many Candidates Will Easily Win Alliance of YMCAs. Their Seats The Ohio Alliance of YMCAs is a nonprofit organization that represents the Senate Bill 5 May Become 165 YMCAs throughout Ohio. We are a grassroots driven and governed a Moot Point? organization that advocates and educates on behalf of the YMCAs and their mission. President Obama’s Executive Order on Guns Gets Mixed Review Until the mid-1990s, Ohio YMCAs were tax exempt in all aspects of their in Ohio mission work. Then, the legislature imposed sales tax on memberships, making Ohio only one of five states that tax nonprofit fitness Dewine Loses ACA Lawsuit memberships.

Ohio YMCAs ask to return to full tax exempt status, as they should be as ENJOY THIS ISSUE? 501(c)(3)s. Taxing memberships is unjust and runs contrary to our organizations’ charitable nonprofit purpose. Feel free to share this newsletter with anyone who you think may A YMCA should not have to tax a member, such as a youth that comes find it useful. after school to a safe place to participate in healthy activities. Activities such as swimming, basketball, or playing chess in a teen room. Or a QUESTIONS, senior citizen who comes to the Y to participate in activities that help COMMENTS, IDEAS? them stay healthy, active, and social. Contact Beth Tsvetkoff at YMCAs are charitable, nonprofit, tax-exempt organizations that are [email protected]. dedicated to youth development, healthy living, and social responsibility. Every day we take on challenges that will shape our communities’ futures Also follow Beth on Twitter at - challenges like the academic achievement gap, chronic disease, and www.twitter.com/BethTsvetkoff, social isolation. or at www.ohioymcas.org.

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Continued from front page MEDICAL Together with our members, volunteers, and community partners, we MARIJUANA make our communities stronger by: ON TAP FOR  Driving academic achievement and inspiring kids to reach their greatest potential. LEGISLATURE  Tackling our community’s greatest health challenges and improving quality of life. Groups representing medical, law  Ensuring access and inclusion so that everyone has a chance to enforcement, business, and other succeed and belong. interests will consider medical marijuana in the coming weeks as Like nonprofit hospitals, YMCAs provide immense community benefit. In part of a House task force that 2014: also involves key backers of the failed Issue 3 marijuana  YMCAs contributed over $23 million in financial assistance to those legalization campaign. The who could not otherwise afford a membership. Senate is expected to announce a  Over 29,000 volunteers donated over $2.8 million worth of time. separate series of forums soon.  The Licking County Family YMCA, my YMCA, contributed over $300,000 in financial assistance for memberships and programs to House Speaker Cliff Rosenberger over 1,200 families, adults, and children. (R-Clarksville) announced the 15- member group that will be led by YMCAs are not taxed on other programs and services, such as summer Rep. (R-Canton). camp and fitness classes, only memberships. Without a membership, Aside from Schuring and Reps. individuals and families are not able to experience everything that Ys Dan Ramos (D-Lorain) and have to offer. Stephen Huffman (R-Tipp City), all other members will come from The dollars YMCAs collect from members and remit for sales tax could be outside the General Assembly. used to provide more financial assistance to those who cannot afford to be a member and participate in programs. Rosenberger said he heard a lot from Ohioans about medical Our programs help in the prevention and treatment of chronic diseases marijuana during like diabetes, and obesity. Our Ys help children with special needs and ResponsibleOhio's fall campaign weekend food programs for children during the school year and to pass Issue 3 and legalize the throughout the summer. drug for personal and medical use, an effort voters handily With dramatically increasing healthcare costs, Ohioans need incentives to defeated. After the campaign, get healthy and stay healthy. Let us be that incentive. With your support Rosenberger said, key we can continue to do what we do best - change lives and continue to be ResponsibleOhio financier and a positive impact on our communities. We are so much more than a backer Jimmy Gould reached out fitness center or a gym. We are a truly a cause. to him to discuss it.

Thank you for your time and consideration. I am happy to answer any "Jimmy and myself had a very questions.” good conversation two or three months ago … and it quickly came to a head to say, I think we need INTERESTED IN GRANTS, BUT to have a longer conversation about it, but I don't want it to NEED ASSISTANCE? look like it's something to slow the process," Rosenberger said. The Ohio Alliance of YMCAs Foundation continues to offer grant research, writing, and administration services for those YMCAs who may be "I had a long conversation with interested in seeking new or continued grant funding. These services can the speaker and with Kirk, and we range from developing and writing grant proposals and submitting came away with what we think proposals and budgets to administering a grant a Y receives. If you are was the best thing for Ohio," interested in learning more, or would like an estimate for a particular Gould said. project, please email Jessica Mathews at [email protected].

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Continued from page 2 US SUPREME COURT REFUSES TO Gould and fellow task force HEAR HEARTBEAT CASE member Chris Stock, an attorney who was involved with Issue 3, The U.S. Supreme Court this month chose not to review a North Dakota both said they're no longer law banning abortion after a fetal heartbeat can be detected, allowing a involved in ResponsibleOhio. lower court's ruling striking down the measure to stand. While they said they weren't part of the decision, they also The U.S. Court of Appeals for the Eighth District blocked the law, which disclosed the withdrawal of the prohibits abortion at around six weeks after conception, in July 2015. The "Fresh Start Act," an initiated court cited U.S. Supreme Court precedent in Roe v. Wade and Planned statute recently sent to Parenthood v. Casey in striking down the law, but added "good reasons lawmakers to allow expungement exist for the Court to reevaluate its jurisprudence." of marijuana-related convictions.

Gould said it's no longer relevant The Ohio House passed "heartbeat bill" HB 69 (Hagan-Hood) 55-40 last since it was predicated on Issue March, but the bill has yet to receive a hearing in the Senate Health and 3's passage. Human Services Committee. The lack of a hearing has prompted protests

by anti-abortion activists at the homes of Sen. Shannon Jones (R- Aside from Gould, Stock, and the Springboro) and Senate President Keith Faber (R-Celina). three legislators, task force members include Nick Lashutka, "Conceptually, I’m for the concepts behind the heartbeat bill, I always representing the Ohio Children's have been, but I just don’t think it’s the right political or legal strategy," Hospital Association; Muskingum Faber said in a statement. "I think there is danger of unsettling or frankly County Sheriff Matt Lutz; Lora harming babies with the bill because of the consequences of that being Miller, representing the Ohio overturned." Council of Retail Merchants; Larry

Moliterno, representing the Ohio "We have consistently shared the concern of National Right to Life that Alliance of Recovery Providers; the U.S. Supreme Court has shown no willingness to overturn Roe, and former Attorney General Betty this bill would not only cost Ohio taxpayers excessive legal fees, but could Montgomery; vascular surgeon provide a path to undo the good work already done to protect life," said Dr. Brian Santin, representing the John Fortney, press secretary for the Senate Majority Caucus. Ohio State Medical Association;

Bill Sopko, chairman of the Ohio Rep. Ron Hood (R-Ashville), a sponsor of HB 69, said, "According to our Manufacturers' Association board; Ohio experts, we believe that the Ohio heartbeat bill language is stronger Linda Hondros, representing the and will be more viable in the courts. By eventually passing the heartbeat Ohio Chamber of Commerce; bill in Ohio and having it become law, and by having the Sixth District former Rep. Matt Szollosi, Court of Appeals hear the heartbeat bill, we believe that it will put representing Affiliated increased pressure on the Supreme Court to finally hear the heartbeat bill Construction Trades of Ohio; and case. We intend to keep fighting in Ohio to protect the unborn and will Gary Wolske, vice president of not give up until we are successful. The lives of thousands of unborn the Ohio Fraternal Order of Police. babies in Ohio and across the country are depending on us."

Schuring listed seven Statehouse The U.S. Supreme Court also recently refused to review the Eighth hearing dates through March, all District's striking of an Arkansas law prohibiting abortions after 12 weeks. Thursdays, with an if-needed The Court did grant certiorari to a case challenging Texas abortion eighth session in April. restrictions that have led to the closing of clinics across that state.

The task force chairman said he "Whether in North Dakota, Arkansas, or Texas, politicians simply cannot has no predispositions on medical rob women of their constitutional rights," said Nancy Northup, president marijuana and will provide "ample and CEO of the Center for Reproductive Rights, in a news release. "This process" to air the issue. "I think utterly cruel and unconstitutional ban would have made North Dakota the it's going to be a great exercise, first state since Roe v. Wade to effectively ban abortion -- with countless an exercise I think the people of women left to pay the price. We continue to look to the nation’s highest Ohio expect us to conduct," court to protect the rights, health, and dignity of millions of women and Schuring said. now strike down Texas’ clinic shutdown law."

Reported by Hannah News Service Reported by Hannah News Service

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Continued from left column MANY CANDIDATES Seven races will be determined in the primary unless an independent candidate files later in the race. They include the 1st House District, with WILL EASILY two Republicans aiming to succeed Rep. Ron Amstutz (R-Wooster); the 12th House District, where Rep. John Barnes (D-Cleveland) has Jill Zimon WIN THEIR as a primary opponent; the 70th House District with three Republicans vying to succeed Rep. Dave Hall (R-Millersburg); the 82nd House District, SEATS where Rep. Tony Burkley (R-Payne) faces primary challenger Craig Reidel; the 87th House District, with three Republicans including former Twenty legislators have no Rep. Steve Reinhard looking to succeed Rep. Jeff McClain (R-Upper primary or general election Sandusky); the 96th House District, where Rep. Jack Cera (D-Bellaire) opposition this year, likely giving faces primary challenger Patrick Murphy; and the 12th Senate District, them a free pass to re-election with former Reps. John Adams and Matt Huffman facing off to succeed barring the entry of an Senate President Keith Faber (R-Celina). independent candidate. The filing deadline for independent candidates is Monday, March 14, the As boards of elections have been day before the primary election. certifying petitions of candidates that filed for 2016 races, Reps. Reported by Hannah News Service Nickie Antonio (D-Lakewood), Margaret Conditt (R-Hamilton), and John Becker (R-Cincinnati) SENATE BILL 5 MAY BECOME A were added to the list of those unopposed after other candidates’ MOOT POINT? petitions were not certified. They join others with no opposition Remember that political grudge match called Senate Bill 5? A U.S. including Reps. Robert Cupp (R- Supreme Court case on whether government workers must pay union Lima), Martin Sweeney (D- dues against their wills could upend a key part of Ohioans' Cleveland), Nicholas Celebrezze decisive vote against the anti-collective bargaining law. If the court rules (D-Cleveland), Louis Blessing III against unions – and it's looking like it might – Ohio's public workers (R-Cincinnati), Fred Strahorn (D- could become "right-to-work" overnight. Dayton), Ron Hood (R-Ashville), Steve Huffman (R-Medina), The case involves a California elementary school teacher, Rebecca Robert McColley (R-Napoleon), Friedrichs, who does not want to pay dues to her local union because she Nino Vitale (R-Urbana), Bill disagrees with its stances on tenure and seniority. But California law, Reineke (R-Tiffin), Cliff much like Ohio's, requires Friedrichs to pay a "fair share" fee even if she Rosenberger (R-Clarksville), Gary opts out of full union membership. Scherer (R-Circleville), Ryan Smith (R-Bidwell), Brian Hill (R- Union members fear that if Friedrichs is allowed to opt out, Ohio's Zanesville), and John Patterson 318,000 public union members could follow – taking with them money (D-Novelty) and Sens. Troy and political clout. Workers would become free riders, receiving the Balderson (R-Zanesville) and collective bargaining power of the union without paying for it. Dave Burke (R-Marysville). "Ohioans voted on this five years ago when they all came together for SB Meanwhile, Reps. Hearcel Craig 5," said Tim McAllister, a board member for the Ohio Civil Service (D-Columbus) and Andrew Employees Association. "It would fly right into the face of Ohio voters." Brenner (R-Powell) and Sen. John Eklund (R-Chardon) saw potential But opponents of mandatory union dues argue workers should not be primary opponents disqualified, forced to pay money to unions if they disagree with the organizations' giving them no opposition until actions and political stances. Mount Lookout Rep. Tom Brinkman, who the General Election. sponsored a controversial bill to prohibit mandatory dues for private- sector employees, hopes the U.S. Supreme Court sides with Friedrichs. Continues next column "It would be very positive for the 318,000-plus workers who are members of public unions in Ohio," Brinkman said. "They would have a choice of whether they want to support certain types of political campaigns or not."

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Continued from page 4 PRESIDENT OBAMA’S EXECUTIVE There’s no gloom-and-doom ORDER ON GUNS GETS MIXED prediction in Cincinnati. Should fair share fall, it would mean REVIEW IN OHIO diverting more resources to marketing and recruitment, said President 's new executive actions to address gun violence Cincinnati Federation of Teachers drew a diverse reaction from Ohio officials and activists this month, with President Julie Sellers. It might U.S. Sen. Sherrod Brown (D-OH) calling them "common sense," while mean fewer resources for Buckeye Firearms Association (BFA) President Jim Irvine called them bargaining and less time to help "sad" and "disgusting." teachers with professional development. But “I don’t think Obama said the actions will expand background checks to those buying it would be enough to weaken us firearms at gun shows and over the Internet; increase enforcement and shut us down,” Sellers said. efforts by the U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF); increase mental health treatment and reporting to the background Overall, about 90% are dues- check system; and direct the U.S. departments of Defense, Justice, and paying members, Sellers said. Homeland Security to conduct or sponsor research into gun safety And she doesn’t hear complaints technology, such as fingerprint recognition. from the other 10%. “People are thankful. Especially the ones who During his remarks, live-streamed online, Obama lamented the high have worked in charter schools number of mass shootings in the U.S. compared to other "advanced" where they didn’t have a union,“ countries, wiping tears from his eyes when discussing the 20 children she said. killed in a shooting at Sandy Hook Elementary School in Newtown, CT three years ago. As a whole, teacher unions are pushing hard to keep the status "And instead of thinking about how to solve the problem, this has become quo. The American Federation of one of our most polarized, partisan debates -- despite the fact that there’s Teachers filed an amicus a general consensus in America about what needs to be done," Obama brief with the Supreme Court said. "I’m not on the ballot again. I’m not looking to score some points. regarding the California case. I think we can disagree without impugning other people’s motives or Abolishing fair share, AFT wrote, without being disagreeable. We don't need to be talking past one would be “far more disruptive to another. But we do have to feel a sense of urgency about it. In Dr. King’s state educational systems than words, we need to feel the 'fierce urgency of now.' Because people are petitioners are willing to dying, and the constant excuses for inaction no longer do, no longer acknowledge.” suffice."

Nationwide, states are about Irvine told Hannah News that those in his organization "felt sick to our evenly divided on the matter. stomachs" after hearing about the Sandy Hook shooting, but accused Ohio and Kentucky each require Obama of "never let[ting] a good crisis go to waste." fair-share fees. Indiana and Michigan do not. "He is obviously angry at Congress for not passing laws to restrict guns last year," Irvine said, noting Congress did not pass the legislation The Supreme Court's decision is because it wouldn't solve the problem of gun violence and was not expected in June. It's unclear as supported by most Americans. "But the president doesn't care what the of yet exactly how that would public thinks or if it will solve the problem." affect Ohio workers. It's also not clear how many union members While Irvine acknowledged he had not yet read Obama's proposals, he would opt out of dues if they believes the president "doesn't honor or respect the Second Amendment. could. Robert Alt, president of He never has and never will." the conservative think tank Buckeye Institute for Public Policy BFA Executive Director Dean Rieck said in an emailed statement, "After Solutions, estimated about 10% years of unsuccessful attempts to pass gun control laws, President Obama would drop off based on has chosen to do an end run around Congress with executive orders. decreases seen from other states. Continues on page 6 Reported by the Cincinnati Enquirer

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The proposals are intended to intimidate gun owners by threatening fines Attorney General Mike DeWine and jail time for even casual sales of personal property, infringe on sued a year ago on behalf of the constitutionally-protected rights by allowing bureaucrats to categorize state, Warren County, and a few individuals as unfit to own firearms, and force firearm manufacturers to public universities, arguing that adopt unproven and unsafe technology through financial intimidation by the federal law's definitions the federal government. Not all the proposals are bad, such as the effort don't include state and local to speed up background checks. But most of the president's proposals government jurisdictions, and open the door to abuse and arbitrary persecution of law-abiding citizens calling it an illegal tax on states. while ignoring the reality that criminals don't abide by the current rules and won't abide by modified rules either." Marbley ruled this month that DeWine's argument "misses the However, the Ohio Coalition to End Gun Violence praised the actions, mark," while also recounting citing polls showing 90% of Americans support background checks on all Ohio's history of challenging guns sold in the U.S. "Despite the overwhelming popularity for this various segments of the ACA. common-sense, life-saving measure, our state and federal elected "Put simply, Congress intended officials have failed to pass new laws that would expand background for all group health plans, checks," the coalition said in a statement. including those operated by state or local governments, to Brown, who outlined legislation addressing terrorism at an event in pay into the Transitional Columbus, told reporters after the event that campaign donations and Reinsurance Program. The text, political pressures have kept Congress from taking legislative action on structure, and purpose of the firearms. "The gun manufacturers have a lot of power among a lot of ACA (and related statutes) my colleagues," Brown said, also noting that Obama has issued fewer confirm as much. Moreover, executive orders than his predecessors over a similar period of time. Congress and the Department of Health and Human Services did U.S. Sen. Rob Portman (R-OH) and two Democrats running for his seat not violate the Constitution also released statements in response to the executive actions. when they subjected health plans offered by state and local "I am disappointed that the Obama administration seems determined government employers to the once again to bypass Congress and enact new regulations in an area same requirements as those where they have not tried to find common ground," Portman said. "I offered by private-sector believe there are ways we can work together to curb gun violence. This employers," the ruling states. includes much stronger enforcement of current law, strengthening background checks by adding far better mental health records, and It describes the nature of the getting at the root cause of most gun violence by addressing the drug assessment in question, called problem and gangs, pursuing more effective prisoner reentry programs the Transitional Reinsurance and prison reform, and addressing the gaps in mental health treatment.” Program, which was meant to protect against premium Former Gov. Ted Strickland said, "Where I am from in Southeastern Ohio, increases driven by the market it is common sense not to let weapons fall into the hands of criminals, shifts prompted by terrorists, or the mentally ill, and I think these policies will help keep implementation of key ACA Americans safer. But my underlying frustration is that Congress has not policies like guaranteed issue. responded to changing times and an escalating epidemic of gun violence by taking action on its own.” He also disagreed with the state's branding of the Reported by Hannah News Service assessment as an illegal tax on the federal government on the state. DEWINE LOSES ACA LAWSUIT "Our office respectfully U.S. District Court Judge Algenon Marbley this month dismissed Ohio's disagrees with this decision and challenge to a temporary Affordable Care Act (ACA) assessment on expects to appeal," DeWine health insurance, a decision the state will likely challenge. spokesman Dan Tierney said in an email. Continues next column Reported by Hannah News Service

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