Also Signs Additional Legislation Passed in 127th General Assembly

Columbus, Ohio – Governor Ted Strickland today signed House Bill 416, which ratifies the Great Lakes-St. Lawrence River Basin Water Resources Compact. State Representative Matt Dolan sponsored the bill.

The Compact will become binding after ratification by all eight Great Lakes states and two Canadian provinces and after approval from the U.S. Congress.

Under the Compact, the states and provinces will work in regional collaboration to protect the future of the Great Lakes and determine governance and other issues related to the lakes.

“I am proud that Ohio has officially signed on to the Compact today and joined other states and provinces in our commitment to serve as responsible stewards of our Great Lakes,” Strickland said. “Through the Compact, we will have the ability to maintain our precious natural resources and preserve and protect Lake Erie for generations to come.”

The Governor will hold a ceremonial signing of the Compact with state and federal officials at 3 p.m. on July 7 at the Marblehead Lighthouse in Marblehead.

The Governor also signed the following bills:

House Bill 71

State Representative John White sponsored HB 71, which establishes new procedures and requirements governing the seizure, impoundment and disposition of an allegedly abused or neglected companion animal. The bill also makes changes to certain existing prohibitions regarding dogfighting and establishes procedures and requirements when dealing with a dog allegedly involved in dogfighting.

House Bill 323

State Representative Bob Gibbs sponsored HB 323, which requires all fields and enclosures with livestock that are bordered by a division line between another owner’s adjoining property to be enclosed by a preferred partition fence. Additionally, the bill addresses the construction and maintenance of partition fences by adjoining property owners.

House Bill 359

State Representative Matt Huffman sponsored HB 359, which allows the prosecuting attorney and treasurer in a county of more than 100,000 people to use up to $3 million of surplus delinquent tax collections to assist municipal corporations and townships to abate nuisances related to residential buildings in foreclosure. The bill also authorizes the prosecuting attorney to use the surplus funds to prosecute alleged violations of criminal and civil laws governing real estate and related transactions.

House Bill 195

State Representative Tony Core sponsored HB 195, which exempts prescription-related drug possession offenses only when the controlled substance is obtained pursuant to a lawful prescription. The bill also modifies the penalties for drug possession and deception to obtain a dangerous drug. Additionally, the bill prohibits a person who has been convicted of a felony, including theft in office, from holding public office and other specified privileges.

House Bill 374

State Representative William Coley sponsored HB 374, which makes two primary changes to Ohio’s corporation law. The bill allows original articles of incorporation to contain a provision that eliminates shareholders' cumulative voting rights for the election of corporate directors. Additionally, the bill deals with the disposition of corporate assets by clarifying that transfers to a wholly-owned subsidiary do not require shareholder approval, and that the assets of wholly-owned subsidiaries are assets of the parent company for the purposes of this statute.

Senate Bill 17

State Senator Tim Grendell sponsored SB 17, which increases by $50 the minimum fine for an OVI conviction. The bill also allows the testing of blood alcohol levels by law enforcement officers when a person is arrested under a certain offense and already has a specified number of repeat OVI convictions.

Senate Bill 220

State Senator Kirk Schuring sponsored SB 220, which allows a judge to impose an additional jail or prison term on an offender who is convicted of prostitution in a school safety zone or within 500 feet of a school building or the boundaries of school premises. The bill allows an offender to wear an electronic tracking device in lieu of additional jail or prison time associated with the school specification.

Senate Bill 281

State Senator Bill Seitz sponsored SB 281, which increases the exemptions for certain types of property that a debtor may hold exempt from execution, garnishment, attachment or sale to satisfy a judgment or order to reflect the higher exemptions under the United States Bankruptcy Code. The bill also provides for automatic, annual adjustments to the exemption amounts based on changes in the Consumer Price Index.

Columbus, Ohio – Governor Ted Strickland today issued the following statement regarding the US Supreme Court decision affirming American’s right to bear arms:

“I concur with today’s landmark decision by the US Supreme Court, which emphasizes what so many have long understood: The right to bear arms is a fundamental civil right like the freedoms of speech and to vote. And it's important that governments at all levels not infringe on those fundamental rights.”

Columbus, Ohio – Governor Ted Strickland today signed two executive orders aimed at maximizing the state’s purchasing power for cost savings and increasing the effectiveness of two programs that help grow Ohio’s minority-owned and disadvantaged businesses.

“The initiatives announced today will greatly improve the way that the state conducts its business when purchasing goods and services,” Strickland said. “Both executive orders are part of our continuing effort to reform government operations in a way that maintains our state’s competitive advantage and attracts business to Ohio.”

The first executive order reinforces the state’s commitment to minority-owned and disadvantaged businesses by increasing participation in the Minority Business Enterprise (MBE) and Encouraging Diversity, Growth and Equity (EDGE) programs.

In this executive order, Strickland calls on each agency to appoint an equal employment opportunity officer and improve access to state contracts for MBE and EDGE vendors. Additionally, the executive order directs state agencies to track their spending with MBE and EDGE vendors through a scorecard system, set goals for improvement, and work closely with the Department of Administrative Services’ Equal Opportunity Division, which oversees the programs and assists agencies with compliance.

“All businesses should have equal access to compete for and enter into state contracts,” Strickland said. “While these programs exist to help bridge the economic gap for minorities and the disadvantaged, they ultimately create jobs and help small businesses grow and succeed.”

Strickland also signed an executive order that outlines procurement reform efforts and directs all state agencies to work together for cost savings and efficiencies when purchasing supplies and services. In addition, the executive order directs the Department of Administrative Services to hire a chief procurement officer to oversee agency purchasing functions.

“By increasing collaboration among state agencies and ensuring accountability in our financial decisions, we will save money and allow government to run more efficiently,” Strickland said.

State government spends $3.5 billion each year on supplies and services. By maximizing the state’s purchasing power, state agencies are estimated to save between $34 million and $72 million annually – not including the additional savings that may be realized by collaboration among higher education institutions as well as local governments.

The executive order also implements Think Ohio First practices, which will promote economic development by maximizing the use of Ohio businesses when agencies conduct purchases. Additionally, the executive order calls for making greater use of technology in tracking and performing purchases statewide.

In early 2007, Strickland launched Advantage Ohio, which addresses regulatory reform, procurement reform, adjudicative hearing reform, and expansion of the Ohio Business Gateway. The procurement executive order implements the second piece of the four-part initiative as well as recommendations from a procurement reform panel that was formed last year.

The Advantage Ohio Procurement Reform Panel, which included representatives from the public and private sectors, made seven recommendations for state government procurement reform: Create a center-led supply organization, maximize purchasing power through leverage, apply a consistent strategic sourcing process, attract and retain talented supply management professionals, set annual targets and report results of procurement efforts, maximize the use of information technology, and accomplish the objectives without comprising supplier diversity and the quality of goods and services.

“By implementing these recommendations, we will make the most effective use of state resources while continuing to provide quality services to the people of Ohio,” Strickland said.

The full text of the executive orders is included below:

Executive Order 2008 – 12S

Enhancing the State’s Procurement Process through the Establishment of “Think Ohio First” and other Procurement Best Practices

1. Ohio’s State Agencies Are Major Purchasers of Supplies and Services. Collectively, various entities of the State’s government purchase billions of dollars of supplies and services annually that facilitate the State’s ability to provide needed services to Ohioans. The Office of Procurement Services, within the Ohio Department of Administrative Services (ODAS), is the purchasing arm of state government and is responsible for establishing contracts for those myriad supplies and services in a cost-effective manner.

2. Coordination of State Purchasing Can Bring Cost Savings. While the majority of Ohio’s cabinet agencies, boards and commissions (collectively the “State Agencies”) purchase supplies and services through a coordinated effort that is managed by ODAS, there are still some State Agencies that procure supplies and services independent of the State’s cooperative effort to minimize its spending and maximize its savings. If these independent purchases were coordinated through the State’s larger procurement system, and other procurement best practices were adopted, then the State could realize substantial savings.

3. Appointment of Procurement Officers. In order to ensure that the State Agencies are coordinating their state purchasing through the Office of Procurement Services and are making the most financially prudent purchase decisions, I hereby order the Director of ODAS to appoint an Ohio Chief Procurement Officer (OCPO), who will oversee the coordination of all of the State’s procurement efforts. I also hereby order each State Agency to appoint a Procurement Officer (Agency Procurement Officers) who will report to the OCPO regarding each State Agency’s procurement activities in order to facilitate efficient purchasing functions. The Director of ODAS will report to me on the status of hiring the OCPO every three months, beginning September 25, 2008, until the OCPO is selected. All Agency Procurement Officers shall be appointed by no later than July 25, 2008.

4. Duties of the OCPO and State Agency Procurement Officers. The OCPO and Agency Procurement Officers will also be responsible for ensuring that the State is undertaking procurement best practices by:

a. creating a center-led supply organization across state government;

b. maximizing state government’s purchasing power by leveraging its spending;

c. applying a consistent strategic sourcing process that will allow the State to standardize its purchasing process in order to obtain the best prices for services and supplies;

d. attracting, developing, and retaining a talented corps of supply management professionals;

e. setting annual targets to determine whether the State is making progress towards its procurement performance goals by reporting results and applying a strict and consistent process for determining real cost savings;

f. maximizing use of information technology for procurement to reduce processing time, reduce transactional cost, and increase supplier leverage;

g. implementing, to the extent possible, the detailed best practices recommendations of the Advantage Ohio Procurement Reform Working Group analyzing our state procurement practices; and

h. accomplishing the above objectives without compromising product quality, customer service, or supplier diversity objectives.

5. Additional Responsibilities of Agency Procurement Officers. In addition to the foregoing responsibilities, Agency Procurement Officers will also be responsible for:

a. serving as their State Agencies’ procurement contacts;

b. communicating needs for supplies and services to the OCPO;

c. ensuring that procurement personnel are properly certified and trained;

d. maximizing competition and minimizing waivers of competitive selection;

e. implementing the “Think Ohio First” procurement practices described in Paragraph Ten of this Order;

f. coordinating with the Chief Ethics Officers to ensure that all contracts are awarded according to applicable Ohio Ethics Laws and Executive Order 2007-01S;

g. paying vendors promptly and taking advantage of prompt payment discounts;

h. disseminating best practices information to individuals involved in procurement; and

i. producing and verifying data and reports as requested.

6. Collaboration with the Chancellor to Identify Opportunities to Coordinate Purchases. I further order the Chancellor of the University System of Ohio to work collaboratively with the OCPO to identify opportunities for coordination of purchasing among the University System entities and other State Agencies.

7. Creation of a State Procurement Web Portal. An essential element of ensuring the orderly distribution of information regarding the procurement process is the development of a centralized point of communication that is available not only to vendors, but to the State Agencies and other stakeholders in the procurement process. As such, I hereby order ODAS to undertake the work necessary to establish the Ohio Business Gateway as the State’s central web portal for procurement by April 1, 2009. I further order all State Agencies that purchase supplies or services to post all state contract opportunities exceeding $25,000, and all of their current contracts exceeding $25,000, on the Ohio Business Gateway procurement portal, within ninety (90) days of its establishment.

8. Transfer of Information Technology Procurement Functions. In an effort to facilitate the creation of the web portal for procurement services, I order the State Chief Information Officer to transition the information technology procurement functions currently performed within the Office of Information Technology to the OCPO by no later than July 25, 2008.

9. The State Must Have a Tangible Method of Identifying Actual Savings that Are Achieved through Procurement Best Practices. To the extent that strategic sourcing contracts provide State Agencies with lower costs for supplies and services, the State must ensure that these lower contract costs translate into real savings at the state level. Consequently, I hereby order the OCPO and the Office of Budget and Management (OBM) to work collaboratively to identify any savings that are achieved through the State’s more streamlined procurement process and to summarize those savings in a report that will be submitted to the Director of ODAS on a quarterly basis, beginning April 15, 2009.

10. Implementation of “Think Ohio First” Procurement Practices. The purchase of supplies and services from Ohio companies promotes economic development and stability within the State by stimulating trade and industry growth while providing jobs to Ohioans. The State is committed to making purchases from Ohio companies when the opportunities arise and are appropriate based on the State’s needs and will work to ensure that Ohio companies are given the opportunity to compete for state procurement business. Accordingly, I hereby order all State Agencies to implement and adhere to the following “Think Ohio First” practices when contemplating what supplies and services are needed by the State and what vendors could fulfill those needs. In implementing “Think Ohio First” strategies, the State will undertake the following initiatives:

a. Inclusion of Ohio Companies in the Procurement Process. State Agencies should proactively search for Ohio companies to fulfill their supplies and services needs. Ohio companies should be included on solicitation lists for purchases that require informal vendor quotes, to the extent that Ohio companies exist in a particular business area.

b. Utilization of State Procurement Programs Benefitting Ohioans. State governmental entities should adhere to procurement practices that maximize the volume of purchases that are made through the following “Think Ohio First” programs presently benefiting Ohioans:

i. Encouraging Diversity, Growth and Equity (“EDGE”), which requires agencies to make good faith efforts to do business with Ohio companies that are socially and economically disadvantaged;

ii. Minority Business Enterprise (MBE), which directs business to minority-owned Ohio companies;

iii. Office of Procurement from Community Rehabilitation Programs (OPCRP), which directs business to Ohio companies that employ people with work-limiting disabilities;

iv. Rehabilitation Services Commission, Bureau of Services for the Visually Impaired (BSVI), which directs business to Ohio companies that employ people with visual impairments;

v. Ohio Penal Industries (OPI), which provides employment opportunities that focus on providing skills through practical training for Ohioans in correctional institutions;

vi. The Small Business Development Center, within the Ohio Department
of Development, which serves women business owners by providing
them with information on procurement and marketing, as well as a
directory of businesses owned by women according to industry and
location;

vii. Buy Ohio, which requires agencies to apply a price preference to
Ohio companies under certain conditions.

c. Accountability for Utilizing “Think Ohio First” Programs. In order to ensure that the State is actively engaging Ohio businesses in the State’s procurement process, inclusion and utilization of existing State programs that maximize the volume of purchases that benefit Ohio businesses will be an element of a scorecard that will be developed by ODAS.

d. Coordination of State Resources to Facilitate “Think Ohio First.” State agencies with primary responsibility for the above “Think Ohio First” programs should coordinate efforts to educate other State Agencies, regarding opportunities available through these programs.

11. Tracking “Think Ohio First” Purchasing. In order for “Think Ohio First” to succeed, accurate data must be compiled about companies doing business with the State. Accordingly, I hereby order ODAS to use its information technology resources to create a purchasing scorecard to measure and track the portion of overall purchases that state governmental entities make from Ohio businesses. ODAS should ensure that this scorecard is created by January 1, 2009, updated quarterly thereafter and posted on the Ohio Business Gateway procurement web portal.

12. Annual Review of “Think Ohio First” Programs. Ohio should ensure that contracts issued under “Think Ohio First” programs that alter the normal competitive bidding process provide measurable and intended socio-economic benefits for Ohioans, while also providing quality supplies and services to the State. Accordingly, I hereby order ODAS, the Ohio Rehabilitative Services Commission, and the Ohio Department of Rehabilitation and Correction to review annually their “Think Ohio First” programs to assess whether those programs are meeting socio-economic goals and agency expectations in the areas of quality assurance, responsiveness, and value. This review shall occur beginning June 30, 2008, and every June 30 thereafter, and each agency shall provide a report detailing its results to the State Chief Procurement Officer by October 1 of each year. This report shall also be sent to the Controlling Board President and its members.

13. I signed this Executive Order on June 25, 2008 in Columbus, Ohio and it will not expire unless it is rescinded.

________________________________
Ted Strickland, Governor

ATTEST:
__________________________________
Jennifer Brunner, Secretary of State


Executive Order 2008 – 13S

Increasing Participation in the Minority Business Enterprise and Encouraging Diversity, Growth and Equity Programs

1. Administration of Ohio’s Minority Business Enterprise and Encouraging Diversity Growth and Equity Programs. The State is committed to improving the number of minority-owned companies that do business with the State of Ohio by facilitating and improving access to government contracts for services. The State believes that facilitating this access is not only the right thing to do, but will foster an environment in which all Ohio businesses have access to enter and compete fairly in the procurement process. Ohio law has recognized the value of an equally-accessible procurement process by requiring the Ohio Department of Administrative Services (ODAS), through its Equal Opportunity Division (EOD), to be responsible for supporting the development of minority-owned, as well as socially and economically disadvantaged businesses by providing guidance and information to executive agencies, board, and commissions (collectively “State Agencies”) regarding the Minority Business Enterprise (MBE) and Encouraging Diversity Growth and Equity (EDGE) Programs.

2. Implementation of Strategies to Increase Participation in MBE and EDGE Programs. In order to ensure that the State is in compliance with the law regarding the inclusion of minority-owned, and socially and economically disadvantaged businesses in Ohio’s procurement process, I hereby order all State Agencies to implement and adhere to the following measures in order to improve the effectiveness of the MBE and EDGE Programs:

a. By July 25, 2008, State Agencies will appoint an EEO Officer who will be responsible for monitoring compliance with Ohio law regarding the MBE and EDGE Programs and for reporting compliance or non-compliance for their respective agencies to EOD. The EEO Officer will also be responsible for:

i. analyzing spending on goods, services, and construction projects for the EEO Officer’s respective State Agency and determining missed opportunities for the inclusion of certified MBE and EDGE vendors;

ii. analyzing the State Agencies’ spending with EDGE vendors, as well as EDGE vendor availability by regions of the State so that ODAS may determine the appropriate EDGE goal for each contract;

iii. reporting MBE or EDGE enrollment for all contracts issued by each State Agency to EOD;


iv. implementing a scorecard system, that will be developed by EOD, which tracks each State Agency’s MBE and EDGE Program expenditures;

v. implementing the outreach and training plan, that will be developed by EOD, to ensure State Agencies’ compliance with MBE and EDGE Program requirements;

vi. attending semiannual training conducted by EOD on MBE and EDGE Program requirements;

vii. participating in an annual compliance review conducted by EOD and implementing recommendations made by EOD as a result of the review process.

b. By August 25, 2008, State Agencies will ensure that all contracts for the purchase of goods and services contain language that:

i. prohibits contractors and subcontractors from engaging in discriminatory employment practices;

ii. certifies that contractors and subcontractors are in compliance with all applicable federal and state laws, as well as rules and regulations governing fair labor and employment practices;

iii. encourages contractors and subcontractors to purchase goods and services from certified MBE and EDGE vendors.

c. State Agencies should not issue EDGE waivers without undertaking the following process:

i. having all EDGE waivers reviewed by the State Agency’s designated Procurement Officer, in collaboration with its EEO Officer, who will certify that each EDGE waiver issued by the State Agency is compliant with criteria for granting an EDGE waiver;

ii. submitting quarterly reports to EOD that lists each EDGE waiver granted by the agency;

iii. permitting EOD to complete its review of each State Agency’s quarterly reports and to conduct period audits of each State Agency’s administration of the EDGE waiver process.

d. Where EOD determines that a State Agency has not properly administered the issuance of EDGE waivers, subsequent EDGE waivers should not be issued by an Agency without the authorization and approval of EOD. However, EOD may release a State Agency from the approval process once EOD has determined that an Agency has the ability to consistently administer the waiver process.

3. Annual Report Regarding Progress in MBE and EDGE Initiatives. Beginning October 1, 2008 and every October 1 thereafter, the Deputy Director of EOD shall submit a written report to me, the President of the Senate, the Minority Leader of the Senate, the Speaker of the House of Representatives, and the Minority Leader of the House of Representatives describing the State Agencies’ progress in advancing the MBE and EDGE Programs, as well as any initiatives that are implemented to increase the number of certified MBE and EDGE vendors doing business with the State.

4. I signed this Executive Order on June 25, 2008 in Columbus, Ohio and it will not expire unless it is rescinded.

______________________________
Ted Strickland, Governor

ATTEST:
_________________________________
Jennifer Brunner, Secretary of State

Columbus, Ohio – Ohio Governor Ted Strickland today signed into law House Bill 562, the state's capital appropriations/budget corrections bill.

Following is the text of the governor’s budget message:

Article II, SECTION 16 of the Ohio Constitution authorizes the Governor to veto any item or items in any bill making an appropriation of money. I have boxed and initialed text in Amended Substitute House Bill 562 that I have disapproved. All remaining text in the bill is approved. The reasons for my vetoes are set out below.

Introduction

The $1.3 billion capital and corrections bill reflects our continuing efforts to make Ohio an attractive place for increased economic development and job-creating opportunities. We know that by upgrading our infrastructure and by funding projects that improve our communities, we greatly enhance the quality-of-life of Ohioans and increase our ability to grow and keep jobs in the state.

The bill also addresses a significant shortfall in the state’s biennial operating budget caused by a weakening national economy, a spike in oil prices, the housing crisis and slowing retail sales. As we deal with the current economic situation, the administration remains committed to living within our means while investing in the things that are truly important to Ohioans.

A. Closure of State Mental Health Facilities

SECTION 751.30 – SIX MONTH MORATORIUM ON CLOSURE OF STATE MENTAL HEALTH FACILITIES

This provision delays the July 1, 2008 planned closure of the Cambridge and Dayton state mental health facilities. The administration recognizes the hardship these closures represent for these communities, but, unfortunately, the projected cost savings for FY2009 is based on the July 1, 2008 closure date. The state will continue working with local communities to explore alternative uses for the facilities. Therefore, this veto is in the public interest.

Item Number 1*

On page 895, delete the boxed text.

On Page 904, delete “751.30,”.

B. Durable Medical Equipment (DME) Rate for Medicaid Reimbursement

SECTION 5111.0210

The proposed language will restrict the ability of the Department of Job and Family Services to set rates in a prudent manner and stands in the way of the department’s ability to efficiently manage the Medicaid program and lower costs.

This provision proposes the use of an invalid rate-setting methodology, using self-reported, unaudited cost report data that could lead to fraud and abuse. Beginning July 1, 2009, the state would be required to use this new, untested methodology to set rates for 52 categories of durable medical equipment, which would lead to millions of dollars in increased Medicaid spending. The fiscal impact of this methodology would increase annually. Therefore, this veto is in the public interest.

Item Number 2

On page 519, delete the boxed text.

On pages 3, 5, and 903, delete “5111.0210,”.

C. Home Health Care Bargaining

SECTION 107.19

The proposed language would essentially rescind Executive Order 2007-23S, which helps professionalize the home care workforce by allowing independent home care providers the opportunity to select an exclusive representative. Additionally, it gives the providers a stronger voice in advocating for quality benefits, compensation, and health and safety issues, similar to their counterparts in the nursing home industry. Increasing the quality of the home care workforce brings more balance to the long-term care system in Ohio and saves state resources. Additionally, a high-quality workforce has a positive effect on the quality of services that are provided to Ohio’s elderly and disabled citizens.

This provision refers to and relies upon a letter presenting the views of various staff members at the Federal Trade Commission and expressly recognizes that those views do not necessarily represent the views of the Commission as a whole or any individual Commissioners. That letter is particularly flawed with respect to its analysis of the applicability of the “state action” doctrine, conveniently ignoring the fact that the State of Ohio is a party to collective bargaining negotiations under the Executive Order. The Executive Order in no way authorizes home health care providers to implement any change in the terms or conditions of their work without the direct involvement and oversight of the State. The Executive Order provides real advantages to the people of Ohio and should continue to be fully implemented. Therefore, this veto is in the public interest.

Item Number 3

On page 17, delete the boxed text.

On pages 3 and 5, delete “107.19,”.

On page 901, delete the boxed text.

D. Use of Budget Stabilization Funds

SECTION 515.40 BUDGET STABILIZATION FUND TRANSFERS

This provision reverses several measures proposed by the administration and its agencies to keep the FY2008-FY2009 budget in balance.

On January 31, 2008, I issued Executive Order 2008-01S, “Implementing Expenditure Reductions and Spending Control Strategies Necessary to Maintain a Balanced Budget,” in light of anticipated revenues for FY2008 – FY2009 falling short of expectations by between $733 million and $1.9 billion. The factors contributing to the budget shortfall include a weakening national economy, increasing oil prices, the housing crisis, and slowing retail sales.

In response to the Executive Order, agencies worked in collaboration with the Office of Budget and Management to craft budget recalibration plans that effectively protect the priorities of the state’s biennial operating budget (H.B. 119), maintain core operations of agencies, and meet the administration’s responsibility for maintaining a balanced budget.

The economic challenges identified in January have continued. The administration took the necessary action to manage these risks without using resources in the budget stabilization fund because of the potential for more persistent, long-term economic challenges that could negatively impact FY2009, FY2010 and FY2011.

Additionally, the directed use of the budget stabilization fund by the General Assembly is an intrusion in the executive and management prerogatives of the administration. With the potential for more economic challenges in the future, it is premature to draw resources from the budget stabilization fund at this time. Finally, this veto will not affect the ability of the state to protect the health, safety and welfare of the public. Therefore, this veto is in the public interest.

Item Number 4

On page 783, delete the boxed text.

On page 784, delete the boxed text beginning with the words “Department of Agriculture” and ending with the words “expenditure.”.

On page 904, delete “515.40,”.

E. Automated Title Processing Fund/Title Defect Rescission Fund

SECTION 515.60 – CASH TRANSFER FROM AUTOMATED TITLE PROCESSING FUND TO TITLE DEFECT RESCISSION FUND

The Ohio Constitution, Article XII, §5a prohibits the use of motor vehicle licensing fees or taxes for purposes other than those explicitly set forth in the Constitution. This provision, however, would result in moneys being transferred for purposes outside those provided for in the Constitution. Therefore this veto is in the public interest.

Item Number 5

On page 785, delete the boxed text.

On page 904, delete “515.60,”.

F. Funding of Statewide Community Capital Projects and Programs

SECTION 231.10.20 COMMUNITY ASSISTANCE PROJECTS

This proposed $6.3 million Montgomery County earmark for the Crisis Care Center at Twin Valley Behavioral Health would represent 79 percent of the state’s total $8 million going to one particular area.

The funds in C58001 will be used by the Ohio Department of Mental Health for various community capital projects and programs, including the development of affordable housing with appropriate supportive services, developing treatment-oriented residential facilities, interdepartmental planning and development of service and facility needs for groups of people with a severe mental disability, developing consumer-oriented, cooperative community services sites, and developing decentralized outpatient service facilities.

The total amount allocated for these projects for statewide use is $8 million. Because the need across the state is more than $8 million, the department must work with local boards who have applied for these funds to prioritize their use.

In particular, the Ohio Department of Mental Health plans to more highly prioritize funds for counties impacted by the closure of two mental health facilities on July 1, 2008 – particularly Montgomery and Guernsey counties. Communication and planning is ongoing with local alcohol, drug and mental health boards to develop well-suited capital project priorities.

This earmark would create an inequitable distribution of funds statewide. Therefore, this veto is in the public interest.

Item Number 6

On page 747, delete the boxed text.

G. Interest Retention for the Drug Law Enforcement Fund

SECTION 5502.68 (A)

This provision allows the Drug Law Enforcement Fund to retain interest it generates.

A long-standing financial management practice of the state is to allocate interest proceeds to the state general revenue fund. Allocating interest proceeds to the general revenue fund provides for the efficient administration of the state’s resources and budgetary flexibility. Therefore, this veto is in the public interest.

Item Number 7

On page 540, delete the boxed text.

H. Making Appropriate Use of Excess Department of Education Funds

SECTION 269.30.30

At this time of limited resources, it is important that the administration preserve the ability to transfer any unused and lapsed funds to effectively and efficiently manage Ohio’s state budget. This provision will allow for any unused appropriations to be redistributed to nonpublic schools beyond the per student allocation established in House Bill 119. This veto action provides for the efficient administration of state resources and budgetary flexibility while continuing the per child reimbursement commitment from H.B. 119. Therefore, this veto is in the public interest.

Item Number 8

On page 804, delete the boxed text.

On pages 791 and 853, delete the boxed text.

On pages 3 and 904, delete “269.30.30,”.

I. ODOT Business Logo Sign Program

SECTION 4511.101 (B)(2)

Currently, the Department of Transportation contracts with a private vendor to operate the business logo sign program, with the program manager keeping any profits. No money is returned to the state. Facing significant financial challenges, ODOT is taking steps to find innovative ways to capture value created by our system and return it to our citizens through transportation investments. As introduced, House Bill 562 directed that money collected from businesses participating in the program, in excess of direct and indirect costs, would be deposited into a newly-created Motorist Service Sign Fund in the state treasury for use by the Director of ODOT for transportation purposes. Modification of the sign program to generate additional revenue for investment in infrastructure is one of the tools the Department has identified to help the state meet its transportation commitments.

In its current form, the bill eliminates the Motorist Service Sign Fund and reallocates the revenue generated from the business logo sign program for transportation purposes to the Department of Public Safety for operating expenses of the State Highway Patrol. Diverting this new revenue from the transportation infrastructure will have an adverse impact on completing projects.

Further, at the direction of the General Assembly, a State Highway Patrol funding task force is currently studying the funding for the State Highway Patrol and will offer recommendations for “a dedicated and stable long-term funding source” to the Governor and the General Assembly by June 30, 2008. Reallocating transportation revenues to fund another state agency is not an appropriate use of these funds and is premature, as the task force has not completed its work. Therefore, this veto is in the public interest.

Item Number 9

On page 456, delete the boxed text.

J. “Wine at Home” Parties

SECTION 4303.25 – “Wine at Home” Parties

Until the recent passage of Senate Bill 150, certain vendors were interpreting Ohio statute to allow them to solicit sales of wine for later direct shipment by mail at parties in private homes without a permit. The aim of the recent statutory change was to clarify that these activities are not lawful in Ohio. S.B. 150 received extensive debate and overwhelming legislative support, and the provision added to H.B. 562 would reverse these agreed-upon changes.

Because there are no liquor permits issued where the “wine at home” parties take place, there is no ability for regulation or oversight of the activities by the Ohio Division of Liquor Control, the Department of Public Safety, Investigative Unit, local law enforcement and the Department of Taxation. The Administration has expressed its willingness to work with affected companies and identify the necessary permits and changes to business practices that would allow them to continue to operate in Ohio. However, the state must preserve its ability to oversee and regulate these sales. Therefore, this veto is in the public interest.

Item Number 10

On page 446, delete the boxed text.

On pages 2, 733 and 902, delete the boxed text.

On page 5, delete “4303.25,”.

K. Ohio School Facilities Commission Segmentation Proposal

SECTION 3318.01

SECTION 3318.03

SECTION 3318.032

SECTION 3318.034

SECTION 3318.04

This language would enable a school district to implement a classroom facilities project in parts or “segments,” which is currently allowed for large urban districts served through the Ohio School Facilities Commission’s Accelerated Urban Initiative. Unlike the Accelerated Urban Initiative, this provision defines each segment as a separate project and, consequently, requires the OSFC to recalculate a district’s local share each time it implements a new segment.

Recalculating a district’s local share means that a district can receive a reduced local share if its wealth, as captured by the OSFC’s equity list, declines in relation to other school districts throughout the state. Implementing this language would result in inequitable treatment between Ohio's urban districts and the districts that use this segmenting language.

For this reason, this veto is in the public interest.

Item Number 11

On pages 272, 274, 276, 277, 279 and 280, delete the boxed text.

L. Expansion of Exceptional Needs Program (ENP)

SECTION 3318.37

This provision expands the Exceptional Needs Program from 75 percent of school districts to include 100 percent of Ohio’s school districts. The ENP program helps school districts address health and safety needs associated with a specific building instead of addressing the entire classroom facilities needs of the district under the Classroom Facilities Assistance Program (CFAP).

This expansion has the potential to reduce the amount of funding available through the normal CFAP process. Additionally, this expansion is unnecessary because wealthier districts can already participate in the Expedited Local Partnership Program and will be reimbursed for the state share of these expenses when their district comes up on the equity list. Therefore, this veto is in the public interest.

Item Number 12

On pages 282 and 283, delete the boxed text.

On page 284, delete the boxed text beginning with the words, “the increased” and ending with the words “kindergarten through twelve.”.

On pages 1, 4, 732 and 903, delete “3318.37,”.

M. Expanding Definition of Trade Secrets

SECTION 1333.61

SECTION 3318.90

This language would expand the definition of a trade secret in the Ohio Revised Code to include payroll records. The language would also place new restrictions on the School Facilities Commission in dealing with payroll records for contractors or sub-contractors that bid on state-assisted school facilities projects. The Commission would face more stringent restrictions in handling payroll records than any other agency that uses contractors to conduct public works projects for the state. This language would also allow contractors, subcontractors, and employees to seek damages from the Commission if it does not abide by these new restrictions.

The administration strongly believes that no state agency should release personally identifiable information and will continue its efforts to ensure that this information remains safe. Nothing in the proposed language would inhibit the School Facilities Commission or any state agency from the continued practice of withholding or redacting protected personal and/or financial information, including Social Security numbers. Therefore, this veto is in the public interest.

Item Number 13

On pages 115 and 116, delete the boxed text.

On pages 1, 4, 732 and 903, delete “1333.61,”.

On page 284, delete the boxed text beginning with the words “Sec. 3318.90” and ending with “Revised Code.”.

On pages 3,5 and 903, delete “3318.90,”.

I signed this veto message on June 24, 2008 in Columbus, Ohio and transmitted it, today, with copies of the disapproved text, to the Clerk of the Ohio House of Representatives.

In order to signal my approval of the text not disapproved by me, I have, today, also filed the enrolled and engrossed original copies of the bill with the Secretary of State.

___________________________
Ted Strickland, Governor

I acknowledge receipt of an original copy of this veto message, along with a copy of the disapproved text in the bill on June 24, 2008.

___________________________
Name of Officer

___________________________
Title of Officer

___________________________
Date and Time of Receipt

 

Columbus, Ohio – Ohio Governor Ted Strickland today signed House Bill 285.

House Bill 285

State Representative Ross McGregor sponsored HB 285, which requires a state agency or regulatory authority to waive administrative fines or civil penalties for paperwork violations that are first-time offenses committed by a small business 

 

Columbus, Ohio – Ohio Governor Ted Strickland today signed several bills passed in the 127^th General Assembly, including House Bill 554, the $1.57 billion bipartisan economic stimulus package.

 

House Bill 554

State Representative Jay Hottinger sponsored House Bill 554, the $1.57 billion economic stimulus package, which makes investments in job-creating industries and in the state’s communities, infrastructure and workforce to stimulate job creation and lay a foundation for long-term economic growth. The governor exercised his line-item veto power on three provisions of the bill: (1.) language that limits scientists’ ability to conduct potentially life-saving stem cell research and hinders economic progress; (2.) the date (July 1, 2008) associated with the transfer of $200 million in budget stabilization funds to a local transportation fund for public works projects; and (3.) to change the name of the “Choose Ohio First Co-op/Internship Program” to the “Ohio Co-op/Internship Program,” to avoid confusion with the already existing Choose Ohio First Scholarship Program, which applies exclusively to STEM disciplines.

Senate Bill 237

State Senator Tim Schaffer sponsored SB 237, which changes the requirements regarding the length of stays for guests in transient hotels. Additionally, the legislation changes the title of the Office of the Fire Marshal to the Office of State Fire Marshal.

Senate Bill 268

State Senator Bill Seitz sponsored SB 268, which authorizes a county contracting authority to use competitive sealed proposals instead of competitive sealed bidding in certain circumstances and establishes specified regulations for a county contracting authority’s use of competitive sealed proposals.

Senate Bill 271

State Senator Larry Mumper sponsored SB 271, which enacts several legislative changes related to boating safety. Additionally, the legislation raises the boat horsepower limit on Pymatuning Lake in Ashtabula County from 9.9 hp to 20 hp. The bill contains an emergency clause so the provisions are in effect and enforceable for the 2008 boating season.

House Bill 30

State Representative Ross McGregor sponsored HB 30, which requires a local authority to post signs when using traffic law photo-monitoring devices on a state highway and extends yellow lights by one second at intersections where such devices are being used. Additionally, the bill allows the Director of Transportation or a local authority to issue special permits for transporting steel coils.

House Bill 48

State Representative Bob Gibbs sponsored HB 48, which allows charitable organizations and schools to sell donated items at an auction without having to license their organization.

House Bill 87

State Representative Lynn Wachtmann sponsored HB 87, which designates the bridge on State Rt. 108 over the Maumee River in Napoleon as the “Henry County Veterans Bridge.”

House Bill 150

State Representative Jim McGregor sponsored HB 150, which encourages retail establishments to allow customers with specified medical conditions to use restrooms not normally available to the public. Additionally, the bill designates May 23 as “Crohn's and Colitis Awareness Day.”

House Bill 181

State Representative Arlene Setzer sponsored HB 181, which establishes notification and record-keeping procedures for a law enforcement agency and a school when a student from that school is the subject of a missing child report.

House Bill 283

State Representative Shawn Webster sponsored HB 283, which allows for the possession and distribution of dangerous drugs, without a terminal distributor of dangerous drugs license, by certain business entities comprised solely of licensed health care professionals who are authorized to prescribe drugs and the professional services provided by the business entity.

House Bill 297

State Representative Jim Carmichael sponsored HB 297, which designates May as “Ohio Lyme Disease Awareness Month.”

House Bill 346

State Representative Jim Hughes sponsored HB 346, which requires each hospital to create a written nursing services staffing plan that guides the assignment of nurses in the hospital.

House Bill 385

State Representative Jay Hottinger sponsored HB 385, which allows lands that were purchased by a board of township trustees to preserve as a “greenspace” to be used for recreational purposes.

House Bill 428

State Representative Arlene Setzer sponsored HB 428, which establishes new provisions and makes several changes regarding the reporting of and discipline for school employee misconduct.

House Bill 499

State Representative Scott Oelslager sponsored HB 499, which provides clarifications and modifications to the Ohio Trust Code.

Columbus, Ohio – Ohio Governor Ted Strickland today signed several bills passed in the 127th General Assembly.

House Bill 138

State Representatives Mike Foley and Louis Blessing, Jr., co-sponsored HB 138, which establishes several measures to address the foreclosure crisis in Ohio and makes it easier to determine a property owner after a foreclosure. The legislation makes the process of conducting a judicial foreclosure sale more efficient – in part by requiring sheriffs to file deeds with the county recorder within 14 days of a foreclosure sale.

House Bill 404

State Representative Jay Hottinger sponsored HB 404, which makes changes to Ohio’s viatical settlement laws and establishes measures to restrict stranger-originated life insurance (STOLI) transactions in Ohio.

Senate Bill 171

State Senator Steve Stivers sponsored SB 171, which establishes record-keeping requirements for scrap metal dealers. The bill also prohibits dealers to receive or purchase any articles from persons under 18 and individuals known to be or suspected to be thieves or receivers of stolen property. The legislation sets additional requirements for scrap metal dealers.

Senate Bill 175

State Senator Kevin Coughlin sponsored SB 175, the “Grieving Parents Act.” The legislation gives parents additional options for obtaining a death certificate and arranging a burial following a miscarriage. Additionally, the bill enhances communication and information sharing between hospitals and parents.

Senate Bill 183

State Senator Tim Schaffer sponsored SB 183, which requires that a mandatory prison term be imposed for importuning if the offender has previously been convicted of a sexually oriented offense or a child-victim oriented offense. Additionally, the bill also contains a series of prohibitions that relate to a person's solicitation of another to engage in sexual activity.

Senate Bill 229

State Senator (now State Representative) Randy Gardner sponsored SB 229, which requires the State Medical Board to regulate the practice of radiologist assistants and establishes criminal penalties for unauthorized practice.

Senate Bill 247

State Senator Robert Spada sponsored SB 247, which makes changes in the Credit Union Regulation Law and requires criminal background checks for a person who has a substantial interest in or holds a management position at specified financial institutions.

Senate Bill 302

State Senator David Goodman sponsored SB 302, which changes the method of making a will. In particular, the legislation allows a will to be attested and subscribed by witnesses in the “conscious presence” of the testator – meaning within the range of any of the testator’s senses.

Senate Bill 323

State Senator Tom Niehaus sponsored SB 323, which enacts changes to underground mine safety issues. The changes include requiring new disaster prevention technology, increased training and certification, upgrades to the mine rescue network, enabling the transfer of funding from the BWC’s pneumoconiosis fund to the Mine Safety Fund, and establishing civil immunity for mine rescue crews.

Senate Bill 334

State Senator Keith Fabor sponsored SB 334, which makes changes to the Workers’ Compensation Law in regards to interstate or inter-territorial claims. The legislation limits the ability of out-of-state individuals to make claims in Ohio if their home state places similar limitations on out-of-state workers. Additionally, the bill makes adjustments to the procedure for filing for workers’ compensation claims that could potentially be filed in more than one state.

Columbus, Ohio – Ohio Governor Ted Strickland today signed Senate Bill 184 – the “Castle Doctrine” legislation.

“This legislation offers needed clarifications to Ohio’s concealed carry law and strengthens legal protections for citizens who defend themselves and their families against intruders in their homes,” Strickland said.

State Senator Steve Buehrer sponsored SB 184, which presumes that a person has acted in self-defense when using force that may cause death or injury against an individual who has unlawfully entered the person’s home or occupied vehicle. Under current Ohio law, the burden lies on the resident who has used force to prove his or her reasoning for such action.

Senate Bill 184 also makes several changes to the concealed carry law in Ohio. Additionally, the bill adjusts the mandatory prison terms for firearms-related convictions.

Columbus, Ohio – Governor Ted Strickland on Monday signed Senate Bill 214.

Senate Bill 214

State Senator Tom Niehaus sponsored SB 214, which prohibits the sale and distribution of dishwashing detergent that has a phosphorus content of more than .5 percent. The bill also establishes civil penalties for violators.

Columbus, Ohio – Ohio Governor Ted Strickland today announced the appointments of Jody Luebbers to the Hamilton County Court of Common Pleas, General Division; William Rickett to the Wayne County Municipal Court and Jerome Catanzaro to the Pike County Court of Common Pleas, Probate and Juvenile Division.

Hamilton County Court of Common Pleas

Jody Luebbers, 45, of Cincinnati, has been appointed to the Hamilton County Court of Common Pleas.

Luebbers fills the seat vacated by the retirement of Judge Alex M. Triantafilou.

“Jody brings to the bench a distinguished legal career and history of community involvement in Hamilton County,” Strickland said. “She has demonstrated a high standard of professionalism and integrity that will be a great asset to her judicial service.”

Luebbers has served as the chief assistant prosecuting attorney for the Hamilton County Municipal Court Division since 2005.

From 1999-2005, Luebbers worked as an associate for Fox and Fox LPA in Cincinnati, where she handled workers’ compensation cases, personal injury cases, social security claims, unemployment hearings, criminal defense work and other miscellaneous cases. She previously served as a law clerk/constable in the Hamilton County Court of Common Pleas from 1986-1990.

Luebbers is a member of the Cincinnati Bar Association. She is also active in her community, serving as a Sunday school teacher, Girl Scout co-leader, and PTO committee member.

Luebbers received a bachelor’s degree in political science from Miami University in 1985 and a law degree from Chase College of Law in 1990.

“Being a judge is one of the most fulfilling and challenging forms of public service,” Luebbers said. “I look forward to taking on this important responsibility and serving the people of Hamilton County.”

Luebbers plans on taking the bench in June.

Wayne County Municipal Court

William Rickett, 56, of Wooster, has been appointed to the Wayne County Municipal Court.

Rickett fills the judicial seat vacated by the retirement of Judge Stuart K. Miller.

“Bill is an active community member and respected lawyer in Wayne County,” Strickland said. “His legal expertise and diverse experiences will serve him well on the municipal court.”

Since 1997, Rickett has held several positions at the University of Akron School of Law. He is currently a clinical professor of law and director of the law school’s civil litigation clinic. He also serves as a hearing officer for the Akron Metropolitan Housing Authority.

Previously, Rickett was a partner with the law firm of Kennedy, Cicconetti and Rickett in Wooster from 1986 to 1997, where he served as a courtroom litigator in the areas of criminal law, juvenile law, family law and personal injury law. Rickett also taught political science and history at Wooster High School from 1975-1986.

Rickett has also served Wayne County in the public sector, serving as a Wooster city councilman from 1978-1982, as a member of the Wayne County Board of Elections from 1990-2002, and currently as a trustee in Wayne Township.

Rickett is an active member of the Wayne County and Akron Bar Associations and serves on several committees, including the Akron Bar Association Municipal Court Committee.

Rickett received a bachelor’s degree from the Ohio State University in 1974, a master’s degree from Ohio State in 1977, and a law degree from the University of Akron in 1986.

“I’m honored by this appointment, and I am committed to serving the court and people of Wayne County with integrity, fairness and professionalism,” Rickett said.

Rickett will take the bench on June 30.

Pike County Court of Common Pleas

Jerome “Jerry” Catanzaro, 55, of Waverly, has been appointed to the Pike County Court of Common Pleas.

Catanzaro fills the seat vacated by the retirement of Judge William Wray Bevens.

“I am confident that as judge, Jerry will be a tireless advocate for the children and families of Pike County,” Strickland said.

Since 1993, Catanzaro has worked in private practice for the law firm of Catanzaro and Rosenberger in Waverly. He also serves as the law director for the village of Beaver, representing them in their criminal and civil matters.

Catanzaro served as the county court judge of Pike County from 1980-1996. He also served as an adjunct professor of law at Shawnee State University from 1990-1992, where he taught contract law, evidence and discovery, and bankruptcy.

Catanzaro has served in various capacities, including president, for the Pike County Bar Association. He is also a law library trustee for the Pike County Law Library Association. Additionally, Catanzaro served as the mock trial advisor for Waverly High School for several years.

He received a bachelor’s degree in political science from the University of Cincinnati in 1974 and a law degree from the Ohio State University in 1977.

“As a juvenile judge, I feel that I have the unique opportunity to help young people and improve the quality of life for the families in Pike County,” Catanzaro said. “I will work to ensure integrity, honesty, and high moral values in my service to this community.”

Catanzaro will take the bench on June 4.

Columbus, Ohio – Governor Ted Strickland today signed House Bill 545, which establishes stricter regulations for short-term lending practices (payday lending) in Ohio.

 

“The bipartisan legislation signed today takes a major step toward protecting Ohio consumers who are already struggling with debt by strictly regulating payday lenders and lowering the maximum interest rate for short-term loans,” Strickland said.  

 

Sponsored by State Representative Chris Widener, HB 545 caps the interest rate for payday loans at 28 percent, reduced from the current annual interest rate of 391 percent.

 

The bill also sets a $500 borrowing limit for consumers and restricts borrowers to four loans per year. Additionally, the legislation extends loan terms to 31 days from 14 days.

 

Strickland today also signed several additional bills recently passed by the Ohio legislature:

 

Senate Bill 150

State Senator Tom Roberts sponsored SB 150, which allows individuals to use a military identification card as proof of the purchaser’s age when buying alcohol. The legislation also revises other state liquor laws.

 

House Bill 405

State Representative Kevin Bacon sponsored HB 405, which eliminates the requirement that each county board of mental retardation and developmental disabilities maintain a service substitution list and long-term service planning registry. The bill also revises the law governing county boards' waiting lists.

 

House Bill 331

State Representative Mark Wagoner (now State Senator) sponsored HB 331, which revises the licensure and regulation of maternity homes and obstetric and newborn care facilities.