Principled Strategic Innovative PUBLIC POLICY BULLETIN PUBLIC POLICY BULLETIN December 22, 2008 OHIO'S 127TH GENERAL ASSEMBLY WRAPS-UP BUSY LAME DUCK SESSION The final days of the lame duck session interns in SB 203; SB 320 toughens 450, a military personnel handgun were very busy for the members of the penalties for organized retail theft; SB permit measure amended by Sen. Keith 127th General Assembly. The Ohio 279 alters certain licensing procedures Faber (R-Celina), gives the Bureau of House concluded its work on and other state Medical Board oversight Motor Vehicles more time to comply Wednesday, December 17th, and sent and was amended on the House Floor by with a program that allows the over two dozen bills to the governor for Rep. Shannon Jones (R-Springboro) to application of a veteran star on state his signature, while the Ohio Senate remove provisions related to identification cards; and an amendment concluded its business on Thursday, recommendations for rules on hospital from Sen. Teresa Fedor (D-Toledo) December 18th. quality; SB 277 provides for public grants qualified state employees up to 20 nuisance-based foreclosures of blighted hours of leave time per year to provide This was the last session as the majority parcels in environmental courts. honors detail services at military caucus for the House republicans. The funerals. democrats took control of the House in The House also agreed with Senate the general election, and will control amendments on the following bills: There were several measures that did not the House in the 128th General HB318 allows townships to declare roads succeed in the final days, including the Assembly. Republicans used the lame as "nonmaintained"; HB458 clarifies asbestos legislation SB 370 which was duck session to address some policy how townships pay for health insurance defeated 48-45. Opponents feared it was initiatives that were important to their coverage and allows the entities more a proposal to minimize the ability of members. One such issue was election flexibility in spending revenues on road asbestos contamination victims to obtain reform. After several failed lawsuit and bridge upkeep; HB525 finally compensation. In addition, HB446, attempts during the campaign season, establishes standard document formats which would provide protections against republican legislators addressed areas of for county recorders; HB79 provides for "puppy mills", was killed in the Senate concern regarding the early voting the continuation of the Bureau of after a letter of opposition from the period. SB 380 changed from 35 to 20 Workers' Compensation rating system; National Rifle Association was sent to days before the election for absentee HB420 increases transparency in state Senate members. balloting, to address the overlap of the government contracting with additional During the Senate's final session day, start of absentee voting and the deadline discloser requirements and became a they passed HB649 to provide for voter registration; increase standards vehicle for additional legislative compensation to veterans of the Persian for the verification of absentee ballots; initiatives including state property Gulf, Afghanistan and Iraq conflicts. and direct the secretary of state to advise conveyances, clarification of franchise The Governor, however, has indicated local election boards of mismatches agreements between beer and wine he will veto the bill because it utilizes between registration information and manufacturers and wholesale the rainy day fund. The Senate also motor vehicle records. Current distributors, and Tax Increment Finance passed SB 391 to permit an alternative Secretary of State Jennifer Brunner law changes; HB 130 modifies form of county government in a county believes the bill is flawed. The governor sentencing procedures for post release having a population of 1.2 million or continues to review the bill, and has not control, which included Senate more, allowing it to have an elected stated whether or not he will veto the amendments to broaden eligibility for chairperson, at-large members, and bill. the homestead tax credit to seniors in members from districts on the board of housing cooperatives and provisions In addition, the House passed bills to county commissioners. regarding the distribution of earnest codify definitions of pharmacy In addition, the Senate concurred House money in real estate transactions; HB technicians and qualified pharmacy
PUBLIC POLICY BULLETIN December 22, 2008 amendments in the following bills: SB spending levels with the exception of Additional Information 129 permits local law enforcement specific programs, including college For additional information, please contact agencies and fire departments to remove tuition freeze and foundation funding for C. David Paragas motor vehicles from the roadway after a local schools. In devising the plan, the motor vehicle accident and to provide Administration anticipates a 6% immunity to local law enforcement increase in the federal share of agencies and fire personnel for the Medicaid. Governor Strickland removal of damaged or inoperable submitted a request to President-elect vehicles from roadways; SB 147 permits Obama, and is confident the federal the Department of Rehabilitation and government will include aid to the states Correction to recruit certain licensed in an economic recovery package. health professionals through a loan Certain line items have been held repayment program and to modify the harmless, including: the Department of procedures used by the Correctional Education line items for foundation Institution Inspection Committee to funding, and pupil transportation; Ohio inspect correctional institutions; SB 196 Department of Job and Family Services revises the Preneed Funeral Contract line items for Medicare Part D, TANF Law and exempts the requirement that and Child Care maintenance of effort, health insurers cover routine patient and Disability Financial Assistance; all (614) 223-9307 care administered during a cancer General Revenue Fund (GRF) line items clinical trial from the requirements dparagas@beneschlaw.com within the Department of Rehabilitation regarding mandated health benefit and Correction; all GRF line items Biographical information is available at review; SB 248 exempts certain armed within the Department of Youth www.beneschlaw.com forces discharges from inspection or Services; Ballot Board advertising copying as public record, prohibits reimbursement; all line items within the failing to report the unauthorized use of Department of Veterans' Services; debt certain electronic property to law service line items; line items related to enforcement authorities, and excuses tax relief; and all GRF line items for the certain military person from jury duty; legislative and judicial services. SB 353 authorizes the creation of land reutilization corporations to facilitate Governor Releases Worst- the reclamation, rehabilitation and Case Budget Scenario reutilization of vacant, abandoned, tax- In mid-December, the Governor asked foreclosed, or other real property to all state agencies to consider what a 25% revise the expedited, non-judicial GRF might mean to their existing foreclosure procedure for abandoned programs for the upcoming biennium lands; and SB 386 provides for the budget. This is a hypothetical scenario, timely issuance of coal mining and but provides insight to possible programs reclamation permits. that may be cut or eliminated if there is a continued decline in state revenues Governor Orders $640 Million due to the national economic in Adjustments to Maintain conditions. The analysis excludes Ohio's Balanced Budget Medicaid, debt services, and tax relief. On Friday, December 19th, Governor Strickland ordered $640 million in budget adjustments to maintain a As a reminder, this Advisory is being sent balanced budget. As the national to draw your attention to issues and is economic climate continues to not to replace legal counseling. deteriorate, Ohio has experienced an UNITED STATES TREASURY DEPARTMENT CIRCULAR 230 accelerated decline in its revenues. This DISCLOSURE: TO ENSURE COMPLIANCE WITH REQUIREMENTS IMPOSED BY THE IRS, WE INFORM YOU most recent adjustment is in addition to THAT , UNLESS EXPRESSLY STATED OTHERWISE, ANY U.S. the $1.27 billion in adjustments the FEDERAL TAX ADVICE CONTAINED IN THIS COMMUNICATION (INCLUDING ANY ATTACHMENTS) IS NOT Administration has made already this INTENDED OR WRITTEN TO BE USED, AND CANNOT BE year. USED, FOR THE PURPOSE OF (i) AVOIDING PENALTIES UNDER THE INTERNAL REVENUE CODE, OR (ii) The adjustment plan includes a 5.75% PROMOTING, MARKETING OR RECOMMENDING TO ANOTHER PARTY ANY TRANSACTION OR MATTER across-the-board cut to state agency ADDRESSED HEREIN.
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