July 13, 2007

LEFT UNDONE – NOW UNFINISHED BUSINESS TO AWAIT LEGISLATURE’S RETURN FROM SUMMER BREAK

A package of foster care bills, judicial pay raise legislation, curbs on electronic gaming and many other measures fell by the wayside during the last session days of June while lawmakers focused most of their efforts toward completion of the state budget (HB 119) for the two fiscal years that started July 1. The budget did end up carrying some other once-separate legislation, such as the latest tweak to the multi-state Streamlined Sales Tax Project (HB 165 & SB 160) and an income tax deduction for organ donors (HB 25).

Two sets of foster care bills aimed at tightening system oversight with fingerprinting and other new requirements (HB 213 & SB 163) and improving preparation of foster caregivers (HB 214 & SB 164) were introduced in mid-May following months of stakeholder meetings. Providers, lawmakers and other concerned constituencies accelerated the push for further protections and other system changes in the wake the murder of a three-year-old developmentally disabled foster child. Even though legislative leaders had tabbed the subject as a priority for the spring session, none of the foster care measures made it through both chambers before the General Assembly recessed for summer break.

Despite some earlier doubts that the schedule would permit it, the legislature did manage to push through the key components of a package of sex offender registration and notification (SORN) bills (SB 10 & SB 97). That left more work for another day on related legislation, some of which proved to be more controversial (SB 10, SB 22 & SB 23).

Several other notable proposals were left in the legislative queue to await the lawmakers return to the Statehouse in the fall, when the next tentative full session dates are Sept. 11-12. They include:

HB 173 (Seitz) to increase pay for judges and make other changes to judicial operations. Gongwer News Service noted that this measure faces opposition from county commissioners concerned over budget issues;

SB 6 (Niehaus) - To protect individuals from identity theft by allowing a consumer to place a security freeze on the consumer's credit report, specifying that Social Security numbers are confidential, specifying that certain personal information is not a public record, and requiring a public office to redact from a document that is otherwise a public record certain personal information and redact Social Security numbers and other confidential information from any document that is made available online to the public through the internet;

1 HB 154 (Wolpert) - to abolish mayor's courts and create a new system for adjudicating local traffic offenses. Municipalities have come out in force against the bill, which faces some significant changes before a vote is held in the House Judiciary Committee;

SB 170 (Amstutz) and HB 47 (Gibbs) - to revise the membership of the board of directors of a conservancy district that includes all or parts of more than sixteen counties, require the board of directors of such a district rather than the conservancy court to perform certain functions under the Conservancy Districts Law, and to prohibit the levying of an assessment by such a conservancy district under specified circumstances;

HB 168 (Wagner) - to make the Turnpike Commission responsible for major maintenance and repair and replacement of grade separations at intersections of any turnpike project with county and township roads;

HB 130 (White) to ease re-entry of inmates into society upon their release from prison and contain costs in the Department of Rehabilitation and Correction and the Department of Youth Services;

SB 130 (Padgett) and HB 66 (Collier) – to adjust law regarding schools' ability to make up missed time through calamity days;

SB 145 (Stivers) – to prohibit people from fleeing a law enforcement officer who gives an order to stop;

SB 17 (Grendell) to increase the penalties for repeat drunken driving offenders;

HB 13 (Fessler) – to block the state from including Social Security numbers on vehicle registration notices;

HB 212 (Carmichael) – to change staffing levels for ambulances making emergency runs, and;

HB 41 (Uecker) – to require licensure of various types of home security personnel.

AND REMAINING ON CCAO’S RADAR SCOPE…

With the budget bill behind us the CCAO policy staff will be continuing to work on the other legislative priorities of the association. Including our key priorities of indigent defense, election law administration and cost, long term replacement of the lost tangible personal property tax revenue, and impact fees, we will also be working on HB 694 changes, 9-1-1 funding, HB 9 public records training, work force development, law library restructuring, and a vehicle title fee increase, just to name a few.

We are also beginning to plan for holding several regional briefing seminars on the state budget and other legislation during August and September.

ENERGY LEGISLATION WILL BECOME HOT TOPIC

As Capital Square enters the summer recess the mercury will not be the only thing rising, so will anxiety regarding the state’s energy future over the next year. Legislation will consider renewable energy standards as well as how to regulate electric utilities.

2 Strickland first announced in May that he wanted to restructure electricity deregulation but the administration’s first six months in office were largely focused on the state budget. Strickland said he expects to work a lot the rest of this year on crafting a new legislative proposal. "I think everyone expects, and I accept the fact, that the major initiative will come from my office," the governor said in an interview last week. He continued, "This is incredibly important to Ohio, not only to individual consumers, certainly, but to our industrial and business community." Republicans agreed with the Governor’s assessment. Said Rep. Jim McGregor, a Gahanna Republican who chairs the House's new alternative-energy committee, "I think it's a pivotal year. We just must have success in this because our only choices in Ohio are to lead in energy or experience a second rust belt period where we become an economic backwater because we missed the opportunity.”

Both the Governor and the Legislature agree that any energy legislation must have two components: 1) Some required energy portfolios emphasizing renewable energy fuels or environmental friendly systems, and, 2) the regulation of electric utilities given current regulations are set to expire at the end of 2008.

Utility spokespersons have responded with guarded optimism. FirstEnergy spokesman Ralph DiNicola said the company hopes any requirements for a renewable-energy portfolio are reasonable. "From a solar standpoint, we're not exactly Arizona," DiNicola said. "From a wind standpoint, we're not exactly the Rocky Mountains. We have some physical limitations that should be taken into account." Added American Electric Power spokesman Patrick Hemlopp "If it's a well-thought-out plan that has targets that are achievable, we can support that," Hemlopp said.

Some feel the complex issue of energy regulation will be the first real test of the Strickland administration after a relatively smooth budget cycle.

State Rep. Kevin DeWine, a former longtime manager at Dayton Power and Light Co., said he thinks if Strickland waits until next year to roll out his plan, it will be too late. "He hasn't had to make what I consider to be tough decisions, decisions that may force him to spend political capital," DeWine said. "To me, so far, first six months in, he has successfully been all things to all people."

GOVERNOR'S JOB APPROVAL RATING SOARS TO 61 PERCENT IN QUINNIPIAC POLL AND RESPONDENTS CITE ECONOMY AS STATE'S CHIEF PROBLEM

Results of a new Quinnipiac University independent poll peg Gov. Ted Strickland's public approval rating at 61 percent, the highest point reached during his first six months in office. Only fifteen percent of those questioned disapproved of the way Mr. Strickland is handling his job while the rest offered no opinion. Voters also view the governor as a man of principle.

"Most governors would die for Strickland's overall numbers and the fact that he is much more thought of as a man of principle than most politicians is the cherry on the top," said Peter Brown, assistant director of the Quinnipiac University Polling Institute.

The job approval rating for U.S. Sen. (D-Cleveland) was 44 percent, while 45% approved of the way Sen. George Voinovich (R-Cleveland) was handling his office.

3 The survey also contained an open-ended question that allowed voters to give any answer regarding what they felt was the most important problem facing the state. The economy/unemployment was the number one response receiving 44 %. 17% identified education although only 9% percent specifically identified education funding. 6% of respondents listed taxes, 5% health care costs, 4% crime, and 2% the Iraq war. 2% listed politicians in general as the main problem facing the state.

44% described Ohio's economy as "not so good," while 32% said it was either good or excellent. 22% said it was poor.

Most of those questioned, 57%, said they believe economic conditions in Ohio would stay the same during the next 12 months. 21% predicted it would improve, and 19% said it would become worse.

One-third of those questioned said government policies are most to blame for the poor economy. 24% blamed the global economy.

A combined 28% said it was either somewhat or very likely that they or a family member would move out of Ohio for better opportunities during the next year.

SMOKING BAN YIELDS 58 OFFICIAL WARNINGS THUS FAR BUT NO FINES

No one has yet received a fine for violating the Smoke Free Workplace Act. Rules implementing the new law, which voters approved during last November's election, went into effect May 3. So far, since May, 58 businesses have been found in violation of the law and were sent warning letters, the Department of Health reported this week.

Of the 8,557 reports of potential violations the state has received, more than 270 have been investigated and found to have merit. There are about 280,000 public places or places of employment that are subject to the smoking ban. After the initial warning letter, penalties for non-compliance increase with additional violations from a $100 fine up to $2,500 for the fifth and subsequent infringements.

Ensuring that businesses are adhering to the ban is the responsibility of local health departments, however, counties may opt out leaving ODH is charge of enforcement. To date Brown, Portage, Guernsey, Ashtabula, and Highland counties have opted out.

HOUSEHOLD SEWAGE TREATMENT SYSTEMS

Earlier CCAO reported that the Budget Conference Committee included in the budget bill a suspension of the Household and Small Flow On-site Sewage Treatment Systems Law (enacted by Sub. H.B. 231 of the 125th General Assembly) until July 1, 2009, and invalidates the rules adopted pursuant to HB 231. In the interim, the previous law and rules with respect to this subject are restored and the Director of Health or the Public Health Council is prohibited from adopting any rules prior to July 1, 2009, that modify or change the interim rules.

It is important to note that Ohio EPA’s NPDES permit that requires no off-lot discharge on newly created plats after January 1, 2007 is still in place. Replacement systems that discharge off-lot are only allowed under the NPDES permit if the local health department has an MOU with Ohio EPA and the off-lot discharging system is a system of last resort.

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As reported earlier, the budget conference committee included language that defined the term “economic impact” to mean (1) the cost of a proposed system, (2) the cost of an alternative system that will not create a public health nuisance, (3) a comparison of the costs of repairing a system as opposed to replacing the system with a new system, and (4) the value of the dwelling or facility that the system services as indicated in the most recent tax duplicate.

The Committee also specified that a public health nuisance exists when an inspection conducted by a board of health documents odor, color, or other visual manifestations of raw or poorly treated sewage and either of the following applies: (1) water samples exceed 5,000 fecal coli form counts per 100 milliliters (either MPN or MF) in two or more samples when five or fewer samples are collected, or in more than 20% of the samples when more than five samples are taken; and (2) water samples exceed 576 E. Coli counts per 100 milliliters in two or more samples when five or fewer samples are collected, or in more than 20% of the samples when more than five samples are taken.

Also, the Director of Health and the Public Health Council are prohibited from adopting rules prior to July 1, 2009, that modify or change the requirements established by the bill concerning household sewage and small flow on-site sewage treatment systems.

NEW MEMBER SPOTLIGHT: THE REPLACEMENTS

**With 33 new members to the General Assembly, CCAO policy will take a few lines each week to introduce commissioners to these new (and in some cases former) legislators.

Senator Capri Cafaro (D- Warren)

Senator Capri Cafaro represents Ohio’s 32nd Senate District, consisting of Ashtabula and Trumbull Counties. Ms. Cafaro was selected by the Democratic Caucus to replace former State Senator and current following his 2006 election victory (she will face election in 2008). In the Senate, Cafaro serves on the Health, Human Services and Aging Committee, the Highways and Transportation Committee where she is the Ranking Minority Member, the Joint Committee on Agency Rule Review; and the State and Local Government and Veterans Affairs Committee. She has also been appointed to the Rail Commission. Senator Cafaro earned a Bachelor of Arts degree with honors in American studies from Stanford University, and later earned a Master's degree in international relations from Georgetown University. Two years later, she founded her own public relations firm that concentrated on not-for-profit clients. While a newcomer to the statehouse, Cafaro is certainly no novice to politics: Cafaro ran for the Democratic nomination in the open 13th Congressional District in 2006, placing second in a nine candidate primary. Further Cafaro, won a surprise victory in the 2004 Democratic primary for the 14th Congressional District, topping a five- candidate field, before eventually losing in the general election to Incumbent Republican Steven LaTourette. Senator Cafaro cites health care and aging policy as a particular area of focus reflected by her various affiliations: Medicare Rights Center; International Federation on Aging; National Committee to Preserve Social Security and Medicare; American Public Health Association; Global Health Council; Clinton Global Initiative; Board of Trustees, A. T. Still University of Health Science, Kirksville, Missouri.

5 Senator Keith Faber (R-Celina)

Senator Keith Faber represents the 12th Ohio Senate District which encompasses Champaign, Mercer, Shelby, and Preble Counties as well as parts of Auglaize and Darke Counties: While new to the Senate, Senator Faber represented the 77th Ohio House District for three terms. He was appointed to fill the 12th Ohio Senate District following the election of State Senator Jim Jordan to Congress (Faber will face election in 2008). In the Senate, Faber serves on the Judiciary Criminal Justice Committee, the Judiciary Civil Justice Committee, the Agriculture Committee, and is Vice Chair of the Insurance, Commerce, and Labor Committee. He also serves on the Ohio Retirement Study Council. Senator Faber obtained a Bachelor's degree with honors in Public Administration/Policy with a minor in Biology from Oakland University in Michigan in 1988, and then obtained a Juris Doctorate from The Ohio State University Moritz College of Law in 1991. Senator Faber is the principle partner with Faber and Associates in Celina, a law firm specializing in civil litigation and mediation, helping courts and parties resolve matters without trial. Keith, his wife Andrea and their two children Adam and Brooke live outside Celina in Mercer County and attend St. John's Lutheran Church. Senator Faber’s work in the legislature emphasizes his desire to improve Ohio’s economy, viewing a high quality education as well as regulatory reform as two key areas he promotes.

Senator Tom Sawyer (D- Akron)

Senator Tom Sawyer represents the 28th Ohio Senate District which includes all of Portage County as well as part of Summit County. Sawyer had a prior distinguished political record prior to his appointment to replace State Senator Kim Zurz who was named the Director of Commerce following Governor Strickland’s November victory (Sawyer will also face election in 2008). Sawyer first served in the Ohio House of Representatives from 1977 until 1983 when he was elected Mayor of Akron. After only one term as mayor of Akron, Sawyer won election to Ohio’s 14th Congressional District in 1986. Sawyer was then re-elected seven times, never facing serious opposition in the heavily Democratic district. Unfortunately, following the 2000 census, redistricting eliminated much of Sawyer’s district. While most of Akron was placed in then Congressman Brown’s district, Sawyer’s residence fell in the Congressional District of Democrat Jim Traficant. In the primary to replace Congressman Traficant (who had been expulsed from Congress), Sawyer was defeated by Traficant protégé Tim Ryan. Sawyer ran in the 2006 primary for the Ohio’s Congressional District but lost to in a six way race. Sawyer was however elected to Ohio‘s State Board of Education in 2006. By profession an English teacher, Senator Sawyer received a Bachelor of Arts degree from the University of Akron in 1968 and later a Master’s degree from Akron in 1970. In the Senate, Sawyer serves on the Education Committee, the Judiciary Criminal Justice Committee, the Judiciary Civil Justice Committee, and the Ways and Means and Economic Development Committee, serving as Ranking Minority Member.

Senator Jason Wilson (D- St. Clairsville)

Senator Jason Wilson represents Ohio’s 30th Senate District which covers Harrison, Jefferson, Belmont, Columbiana Counties as well as most of Tuscarawas County. Wilson was selected to succeed his father Charlie Wilson who was elected to fill Governor Strickland’s 6th Congressional seat (Wilson will face election in 2008). Senator Wilson is the Ranking Minority Member of the Senate Agriculture Committee and also sits on the Energy and Public Utilities Committee and the Highways and Transportation Committee. While a first-time elected official, Wilson has worked in many successful campaigns over the years including most recently Democrat Linda Bolon’s campaign in Columbiana County for the 1st House district, Democrat

6 Allen Sayre of Dover’s campaign in 2004 for the 96th House District, and of course his father’s numerous elections. Senator Wilson, a principal in a family business, is a member of the Bridgeport Area Chamber of Commerce and the Ohio Funeral Director’s Association. He is also affiliated with the American Heart Association, Ohio River Trails Board of Directors, Columbiana County OSU Alumni Club, National Rifle Association, Belmont County Right to Life, Power Siting Board and the Muskingum River Advisory Council. Senator Wilson earned a M.B.A. from Wheeling Jesuit University and a B.A. from The Ohio State University. He is a member of St. Jude’s Catholic Church. Senator Wilson has said he hopes to improve education and job growth in eastern Ohio with his work in the Senate.

NEWLY INTRODUCED LEGISLATION OF INTEREST TO COMMISSIONERS

SB 198 - RENEWABLE ENERGY PROPERTY (Mason) To create tax credits for investing in renewable energy property.

SB 199 - ENERGY EFFICIENCY (Mason) To create tax credits for constructing energy efficient and environmentally responsible buildings.

SB 200 - SOLAR/WIND ENERGY (Mason) To exempt sales of solar and wind energy devices from sales and use taxation.

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