WEDNESDAY, OCTOBER 26, 2005

PASSED

SB 167  EMINENT DOMAIN MORATORIUM  (Grendell)  To establish, until December 31, 2006, a moratorium on the use of eminent domain by any entity of the state government or any political subdivision of the state to take, without the owner's consent, private property that is in an unblighted area when the primary purpose for the taking is economic development that will ultimately result in ownership of the property being vested in another private person, to create the Legislative Task Force to Study Eminent Domain and Its Impact on Land Use Planning in the State, and to declare an emergency.   Full Text   Gongwer Coverage

EMERGENCY: 92-2 (Brinkman & Widowfield); BILL: 95-0 (Amended - Earlier reported from committee)

HB 150  JUNK YARDS  (Gibbs)  To increase the penalty for violating the law governing junk yards and secondhand dealers.   Full Text

93-2 (Binkman & Hood) (Amended)

CALENDAR FOR COMING SESSION

HB 85  ELECTRIC UTILITY AGGREGATION  (Blessing)  To limit retail electric service automatic governmental aggregation and to create a "Do Not Aggregate" list.   Full Text

HB 214  CLERKS OF COURT DUTIES  (Hughes)  To remove clerks of court from the procedures regarding the filing by private persons of affidavits alleging that a person committed a criminal offense.   Full Text

HOUSE CONCURS IN SENATE AMENDMENTS

HB 104  PERSONAL INFORMATION RELEASE  (Martin)  to require a state agency, person, or business to contact individuals residing in Ohio if unencrypted or unredacted personal information about those individuals that is maintained on the computers of the agency, person, or business is obtained by unauthorized persons and to authorize the Attorney General to investigate and enforce compliance with the requirements.   Full Text   Gongwer Coverage

96-0

HB 203  SCHOOL HEALTH INSPECTIONS  (Raga)   with respect to inspections of public and nonpublic school buildings by boards of health, to require the Director of Health to establish the School Health and Safety Network to coordinate school inspections, and to include school safety and sanitary inspections within the practice of environmental health for registered sanitarians.   Full Text   Gongwer Coverage

94-2 (Brinkman & Hood)

CONFERENCE REPORT ADOPTED

HB 122  LOTTERY PRIZES  (Wagoner)  To prohibit the claiming and payment of a lottery prize award with a value in excess of $599 until the beneficial owner's name, address, and Social Security number are disclosed to the State Lottery Commission, to make changes in the procedure for the deduction of support from lottery prize awards, to change the income tax withholding percentage for certain lottery prize award payments, to modify the basis upon which the withholding computation is made, to require that final, nonappealable unpaid judgments be deducted from certain unpaid lottery prize award payments pursuant to a specified procedure, and to specify the method of payment of lottery prize award installments.   Full Text   Gongwer Coverage

96-0

INTRODUCED

HB 398  SUSTAINABLE ENERGY COUNCIL  (Skindell)  To create the Council on Sustainable Energy Development and specify its duties. En. 4905   Full Text

HB 399  FOOD TAX EXEMPTION  (Skindell)  To exempt from the commercial activity tax proceeds received from sales of take-out food, wholesale sales of food, items purchased by resellers of food for use in business, or retail sales of packaging containing food. Am. 5751.   Full Text

HB 400  MINING OVERSIGHT  (McGregor, J.)  To revise the distribution of revenues from the severance tax on industrial minerals, to exempt industrial minerals mining operations from the state mine safety laws and instead provide for the adoption of federal mine safety requirements for those operations, to revise the zoning laws concerning industrial minerals mining and to make other changes governing the mining of industrial minerals. Am. & En. 303, 315, 519, 1513, 1514, 1561, 1563, 1565, 1567, 1571 & 5749.   Full Text

HB 401  FIREFIGHTER TRAINING  (Law)  To provide for the adoption of rules governing firefighter training. Am. 505, 737, 3737 & 4765.   Full Text

REFERRED TO COMMITTEE

Civil & Commercial Law:

HJR 10  EMINENT DOMAIN  (Koziura)  To prohibit the use of eminent domain for economic development purposes when the sole or a primary driving force behind the acquisition of private property is a private individual or business entity that seeks the private property of another for its own economic benefit   Full Text

Criminal Justice:

HB 347  CONCEAL-CARRY REVISIONS  (Aslanides)  To revise the laws regarding licenses to carry a concealed handgun and the authority to carry a concealed handgun under such a license; to limit journalist access to information regarding persons who have such a license and who assert reasonable cause to fear a criminal attack; to provide exemptions from certain carrying of firearms-related offenses for persons in compliance with the Ohio Peace Officer Training Commission's firearms requalification program; to specifically provide a self-defense affirmative defense to discharge of a firearm while in or on a vessel or motor vehicle-related offenses; to clarify when a firearm is loaded for purposes of offenses relating to possession of a loaded firearm while in or on a vessel or motor vehicle and carrying concealed weapons; to provide that the sealing or expungement of a conviction or delinquent child record is an affirmative defense to falsification based on the failure to report the record on an application for a concealed handgun license; and to identify, as a general law and matter of statewide concern, the right of any person, except as provided in the Revised Code, to own, possess, purchase, otherwise acquire, transport, carry, sell, or otherwise transfer a firearm, firearm component, or ammunition.   Full Text

Finance & Appropriations:

HB 306  WINE SALES  (Seitz)  To revise the statutes governing the termination of manufacturers' franchise agreements with wine distributors, to eliminate the Liquor Control Commission's authority to set minimum mark-ups on wholesale wine sales and to fix minimum prices on wholesale wine sales, to prohibit volume and quantity discounting for the purpose of assisting the wholesale or retail sale of beer or intoxicating liquor, to allow wine distributors and wine retailers a maximum of thirty days of credit when purchasing wine, and to create the Wholesale Wine Distribution Study Committee.   Full Text

HB 396  ICF/MR ADJUSTMENTS  (Hoops)  To provide for an intermediate care facility for the mentally retarded to have its Medicaid rate adjusted in fiscal years 2006 and 2007 for certain renovations.   Full Text

Judiciary:

HB 260  CAPITAL PUNISHMENT REVIEW  (Smith, S.)  To create a Capital Case Commission to study the imposition and administration of capital punishment in Ohio and to make recommendations for improving Ohio's procedures in capital cases and its capital sentencing procedures.   Full Text

Local & Municipal Government & Urban Revitalization:

HB 314  COLLECTIVE BARGAINING  (Brinkman)  To remove any requirement under the Public Employees Collective Bargaining Law that public employees join or pay dues to any employee organization; to expand the scope of unfair labor practices under that law; to make other changes in the Public Employees Collective Bargaining Law; to prohibit any requirement that employees of private employers join or pay dues to any employee organization and require public and private employers to post notices to that effect; to prohibit certain actions by private employers relative to employee organization membership and to establish civil and criminal penalties against private employers who violate those prohibitions.   Full Text

State Government:

HB 211  WINE AND VAPORIZING DEVICES  (Oelslager)  To prohibiting the sale, offering for sale, purchase, and use of alcohol vaporizing devices and to allow opened bottles of wine that are purchased at restaurants to be transported in vehicles under certain conditions.   Full Text

HB 348  AMERICAN FLAG MONTH  (Setzer)  To designate June 14 to July 14 as "American Flag Month."   Full Text

HB 349  STATE FRUIT  (Stewart, J.)  To adopt the pawpaw as the state fruit.   Full Text

HOUSE SPEAKER'S APPOINTMENTS

House Civil & Commercial Law Committee: Remove Rep. Seitz as chair, appoint Rep. Oelslager as chair.

COMMITTEE HEARING

TRANSPORTATION, PUBLIC SAFETY & HOMELAND SECURITY

HB 357  BATEMAN HIGHWAY   (Uecker)   To designate a portion of State Route 131 within Clermont County the "Sam Bateman Memorial Highway."   Full Text

CONTINUED

Rep. Uecker presented the bill saying it would honor the late state Rep. Sam Bateman for his service to both his community and the state. He outlined his contributions to the community including 10 years on the Milford School Board and a member of an emergency medical services team. Rep. Uecker also acknowledged Mr. Bateman's 16 years in the House of Representatives including service as chairman of the Transportation and Public Safety Committee during which time the General Assembly passed mandatory seat belt legislation under Mr. Bateman's committee leadership.

HB 343  DRIVING AGE   (Raga)   To increase the age at which a person is eligible to obtain a temporary instruction permit from 15 years 6 months to 16 years and to prohibit the holder of a probationary driver's license from operating a motor vehicle between 1 a.m. and 5 a.m. or with more than one person who is not a family member occupying the vehicle.   Full Text

CONTINUED-SUBSTITUTE

The substitute changed the restricted hours from 1-5 a.m. to midnight-6 a.m.

Susan Connor, Injury Prevention Research Manager for Rainbow Babies & Children's Hospital and an employee of Case Western Reserve University's Department of Pediatrics testified in support, noting 16-year-olds have "the highest crash rates per mile driven of any age group. They also have the highest involvement in fatal; crashes and single vehicle crashes."

"Rigorous research indicates that night driving and passenger restrictions are the cornerstones of the most effective (graduated drivers licensing) programs because they control the two greatest dangers facing young drivers," Ms. Connor said, noting a "nationwide move" to GDL that has the backing of most parents. "The provisions of HB 343 are common sense measures."

Brian Newbacher, director of public affairs for AAA East Central, and Ric Oxender, representing the AAA Ohio conference, also spoke in favor of the bill. Noting that traffic crashes are the top killer of teenagers in the U.S., Mr. Newbacher said Ohio acted early in the GDL movement, but the law needs strengthening. From 1997-2004, he said 54,246 people died in crashes across the U.S. involving teen drivers. In Ohio, 1,073 young drivers were killed between 1991 and 2004, according to Mr. Newbacher.

"AAA urges you to recognize that teen probationary drivers face much greater perils when transporting passengers" due to the distractions, Mr. Newbacher said. "Passenger restrictions can involve some inconvenience for parents. Still, surveys of parents and teens show strong support for passenger restrictions where they are in effect."

Mr. Oxender said AAA has formed a group called the Ohio Teen Driver Coalition to support such laws. The group includes: Advocates for Highway Safety & Auto Safety, Association of Ohio Health Commissioners, Caring Ladies Increasing Community Knowledge, Columbus Children's Hospital, Ohio Children's Hospital Association, Greater Cincinnati Emergency Nurses Association, MADD Ohio Chapter, National Safety Council, Ohio Officers Safety Council and Safe Kids of Summit County, Think First National Injury Prevention Foundation and Tri-State Trauma Coalition.

HB 166  TRAILER WEIGHTS   (Boccieri)   To apply the motor vehicle certificate of title law to trailers and semitrailers that weigh 4,000 pounds or less.   Full Text

CONTINUED

"This bill needs to be enacted for several reasons," said Margaret Leonard, of Leonard Truck & Trailer. Among them is the "millions of dollars in revenue" it would bring to the state in additional sales taxes, because the titling would lead to more traceable sales. She said other reasons include: simplification, by titling all trailers the same way; help with theft problems through the inherent nature of the titling process, which helps in keeping tabs on vehicles and large trailers currently; uniformity with other states, since most of the neighboring states already title trailers; public safety, because untitled trailers often have worn tires or rims; and financing, because banks won't grant loans to purchase untitled trailers. Ms. Leonard said the bill exempts farmers from the titling requirements.

HB 126  VEHICLE REGISTRATION   (Widener)   To provide that the owner of a motor vehicle that is removed from a public road may be prevented from registering any vehicle or obtaining a driver's license until the towing and storage fees on the vehicle removed are paid.   Full Text

CONTINUED

Kevin Ours, representing the Towing & Recovery Association of Ohio, and Fred Maine, of Maine's Towing & Recovery in Springfield, spoke in support of the measure, describing how the industry has become burdened with unwanted vehicles that owners have abandoned.

"What we're looking at it, eventually having to pay to get rid of this vehicle," Mr. Ours said in explaining how towing companies often fail to recoup the costs of towing and storage when they are forced to sell what generally are older vehicles for scrap.

Several panelists had issues with the provision requiring the forfeiture of driver's licenses. Rep. Perry said the state needed to balance personal responsibility with fairness. Rep. Sylvester Patton noted there are already plenty of laws on the books - usually regarding crimes or moving violations - that could result in drivers losing their licenses.

Rep. Key said, "It seems to me like it's overkill - for the state to do the towing company's business." She added: "I have a real problem with this bill."

Mr. Maine said the industry specifically sought to narrow the scope of the bill to autos abandoned in public rights-of way, and that vehicles towed from private property are not covered. He noted that increased enforcement of DUI, DUS and other laws have exacerbated the problem for towing services, pointing out that his own business currently holds 85 cars and a semi tractor that have been abandoned. His lot only holds 200 vehicles, he added.

"As the towing industry, all we want is to get paid for the work we do," he said. Rep. Patton said panelists appreciated that concern but he wondered if another remedy had been considered.

Rep. Buehrer questioned whether the bill would exacerbate the problem it aims to cure by leading to more drivers without licenses. Mr. Maine said state law strips licenses from gasoline thieves, thus affording some cover for the gas industry, and that towing firms deserved the same consideration.

HB 386  MEMORIAL HIGHWAY DESIGNATION   (DeGeeter)   To designate a portion of Interstate 71 located within the city of Middleburg Heights as the "Corporal Brad D. Squires Memorial Highway.   Full Text

CONTINUED

The legislation was introduced, Rep. DeGeeter said, at the request of Middleburg Heights Councilmen David Bortolotto and Al Budney as a way to honor a local fallen hero. He said Brad Squires died in June when his vehicle hit an explosive device during combat operations with the 2^nd Marine Division, II Marine Expeditionary Force in Iraq. A native of Middleburg Heights, Corporal Squires was highly decorated for service to his country and gave the ultimate sacrifice for what he believed in, Rep. DeGeeter said in urging passage of the legislation.

HB 352  ISLAND SPEED LIMITS   (Redfern)   To establish a 35-mile per hour speed limit for highways outside municipal corporations within island jurisdictions.   Full Text

SCHEDULED BUT NOT HEARD (Sponsor request)

CIVIL & COMMERCIAL LAW

HB 279  HANDGUN POSSESSION   (Hughes)   To prohibit a person from changing, altering, removing, or obliterating the name of the manufacturer, model, manufacturer's serial number, or any other mark of identification on a handgun and to prohibit a person from possessing a handgun knowing or having reasonable cause to believe any such mark of identification on the handgun has been changed, altered, removed, or obliterated.   Full Text

REPORTED-SUBSTITUTE-AMENDED

The committee accepted a substitute bill and unanimously reported it after the adoption of two amendments, one of which incorporated in its entirety a separate pending measure (HB 135). Chairman Seitz said the substitute version of HB 279 specified the bill would not apply to antique weapons that were not manufactured with a serial number, and replaced the term "handgun" throughout with "firearm."

The committee accepted without objection the chairman's amendment folding into the firearm serial number bill Rep. Fende's legislation to generally prohibit use of Social Security numbers on documents filed with county recorders. "(HB 279) bill deals with numbers and Rep. Fende's bill deals with numbers," Chairman Seitz said, a reference to the single-subject rule of the Ohio Constitution. The committee also accepted without objection Rep. Mason's amendment to HB 279 that would increase the penalty for a second offense to a fourth degree felony, instead of a fifth degree felony.

SB 167  EMINENT DOMAIN MORATORIUM   (Grendell)   To establish, until December 31, 2006, a moratorium on the use of eminent domain by any entity of the state government or any political subdivision of the state to take, without the owner's consent, private property that is in an unblighted area when the primary purpose for the taking is economic development that will ultimately result in ownership of the property being vested in another private person, to create the Legislative Task Force to Study Eminent Domain and Its Impact on Land Use Planning in the State, and to declare an emergency.   Full Text

REPORTED-AMENDED

The committee unanimously recommended the bill after the adoption, without objection, of four amendments. Chairman Seitz said sponsoring Sen. Grendell was amenable to all the changes. One clarifies that the charge of the study committee includes "the overall impact of state laws governing the use of eminent domain on economic development, residents, and local governments in Ohio." Another specifies that nothing in the bill should be construed to imply that any public body had previously abused its eminent domain power, an acknowledgment of a pending case involving the City of Norwood at the Ohio Supreme Court. The third amendment gives the task force more time to complete its work, setting a date of April 1, 2006 to report findings concerning the use of eminent domain, and August 1, 2006 to deliver recommendations on any updates needed in state law. Chairman Seitz said the fourth amendment, offered on behalf of the Ohio Municipal League, ensures the moratorium does not affect public parks or recreation projects, or the construction, maintenance or repair of government buildings and grounds. Chairman Seitz said the amendments reconcile the measure with Rep. Gibbs' companion bill on which the committee previously heard testimony.

Committee action followed sponsor testimony delivered on behalf of Sen. Grendell, and proponent testimony from the Ohio Farm Bureau Federation and the Greater Ohio Campaign. The Greater Cleveland Partnership, testifying as an interested party, reiterated concerns previously voiced in Senate testimony.

HB 294  EXPEDITED FORECLOSURES   (Kilbane)   To provide an expedited foreclosure procedure for lands that have had delinquent tax charges for a specified number of years that are not occupied.   Full Text

CONTINUED

Chairman Seitz said Rep. Kilbane was preparing a substitute bill in conjunction with various interested parties. John Murphy of the Ohio Prosecuting Attorneys Association said that while the group had no official position as yet on the bill, some members were concerned about potential conflicts of interest on a county board of revision, and about due process problems. "Taking the judge out of the process doesn't appear to be the right way to go, at least in the opinion of some of the people who work with these cases," Mr. Murphy said.

WAYS & MEANS

HB 378  MILITARY PAY   (Ujvagi)   To exempt from taxation military pay and allowances.   Full Text

CONTINUED

Rep. Ujvagi said in sponsor testimony the state fully taxes the pay of active duty military personnel from Ohio even though they and their families may temporarily be living elsewhere while on assignment. "We are actually encouraging members of the military to leave their home state," he said. Rep. Ujvagi said the policy penalizes those in the military who consider Ohio their home and intend to return here. He said the proposed exemption would mean a revenue loss to the state of at least $3.8 million annually, based on an estimated 7,200 Ohioans on active duty. Rep. Ujvagi said some sates do not tax any military income, while others provide partial exemptions. In a few states, he pointed out, there is no problem because they do not levy a personal income tax.

HB 380  ADULT PROTECTIVE SERVICES   (Miller)   To provide funding to the Department of Job & Family Services for adult protective services and to make an appropriation.   Full Text

RE-REFERRED TO RULES

The committee heard sponsor testimony from Rep. Miller before unanimously agreeing to refer the bill back to the Rules Committee because it was a finance matter. Rep. Miller said he welcomed the opportunity to brief two standing committees about his proposal. The legislation would restore a specific line item for Adult Protective Services in the budget of the Department of Job and Family Services. Such funding is used mainly to deal with cases of elder abuse, neglect, and exploitation. Rep. Miller said there is no specific line item for the purpose at present, although it has existed in previous budgets. "Counties must find resources for Adult Protective Services from their broader funding sources, such as Title XX. Availability of services is mixed across counties, with resources especially limited in smaller, rural counties," he said. The bill would appropriate $3 million to ODJFS for the services in the current fiscal year, and $6 million in fiscal 2007. "This bill does not provide sufficient funding to fully address the need, but it is a much needed very good start," Rep. Miller said.

HB 103  INCOME TAX EXCLUSION   (Reinhard)   To exclude from adjusted gross income for income tax purposes interest from deposits in certain bank accounts.   Full Text

CONTINUED

Donald Stone, president and chief executive officer of United Bank, Bucyrus, said in proponent testimony the legislation offers an opportunity to encourage consumers to make better financial choices. "Because consumers would have more discretionary dollars available, they would be able to save for any number of things including a home purchase, an automobile and/or their children's higher education," he said. Mr. Stone said the measure also could produce less reliance among currently "unbanked" consumers on check cashing services, and might reduce use of credit cards as a fallback in the event of emergencies. "This year, we have seen credit card delinquencies hit a record high. With the additional initiative to save, better spending patterns could evolve and fewer consumers might rely on credit," he said.

Brant Zucker of Marion said tax free interest on saving accounts would encourage consumers to save and build financial reserves. "This function will in turn help governments reduce government spending by individuals getting to work faster, or their business to a producing entity for the U.S. economy," he said.

An LSC fiscal note estimated the bill would cost the state up to $134 million in lost revenue during fiscal 2007, and up to $122 million in future years. Counties, municipalities, and libraries would face a loss of $14 million in future years, while schools would lose $2.5 million due to a reduction in the tax base. Rep. Strahorn said the measure was one in a series of proposed tax credits that individually appeared good ideas, but that collectively could cause revenue problems. "We need to take a look at these in their entirety instead of individually," he said.

HEALTH

HB 305  PRESCRIPTIVE AUTHORITY   (Peterson)   Regarding the practice of physician assistants, including the establishment of physician-delegated prescriptive authority, and to modify the authority of advanced practice nurses to furnish supplies of drugs to patients.   Full Text

CONTINUED

Dr. John Clough of the Cleveland Clinic said allowing PA's prescriptive authority would free up physicians in clinics like his to handle more patients and would save time and money. Noting that Ohio is the only state that prohibits PA's from both seeing new patients and prescribing medication, he said the measure was "a modest step forward toward placing Ohio back into the medical mainstream."

Dr. Brian Bachelder, a family physician from Mt. Gilead, also spoke in favor noting that the Ohio Academy of Family Physicians continues to support the measure.

Chairman White said the Ohio State Medical Association released a statement declaring neutrality on the issue.

HB 289  FAMILY FIRST COUNCILS   (White)   Regarding the duties of the Ohio Family and Children First Cabinet Council and county family and children first councils.   Full Text

SCHEDULED BUT NOT HEARD

HB 287  BIRTHING CENTERS   (Aslanides)   To exempt certain freestanding birthing centers from the requirement that a center obtain a health care facility license from the Director of Health.   Full Text

CONTINUED

The committee heard testimony in favor of the bill from Joseph Donnermeyer, a professor at Ohio State University. He provided background information about the Amish, the community seeking exemption from health care facility license through this proposal. He noted that the state's Amish population is growing rapidly due to large families and a high percentage of children who remain in the community.

Dr. D.J. McFadden, a Mennonite family physician and health commissioner of Holmes County, also spoke in favor of the measure.   "If you understand the Amish concerns about technology, and realize that in obstetrical care we have not always questioned the technology that we use, it soon becomes clear that a culture clash may occur in our hospitals," he said, adding that many Amish chose to homebirth over hospitals. "I would rather that a patient delivers in a birthing center than at home."

Department of Health representative Roy Croy said his agency supports the bill, which would allow for religious freedom while carrying out the state's obligation to ensure the public's health and safety. He also expressed a preference for birthing centers over home birth and said the measure ensures some oversight and accountability for birthing centers.

Rep. Raussen asked why they should allow a licensure exemption only for Amish birthing centers and not other groups. Mr. Croy said the Amish stated their problem with state regulations and "they made a case that we felt had some legitimacy." Rep. Mason also expressed concern that the measure could "open the floodgates" of people seeking exemptions from regulation.

HB 239  ABORTION PROHIBITION   (Schneider)   To prohibit the use of public funds or facilities for nontherapeutic abortions, proscribe public employees acting in the scope of their employment from performing or inducing a nontherapeutic abortion, and to declare that it is the public policy of the state to prefer childbirth over abortion to the extent that is constitutionally permissible.   Full Text

CONTINUED

The committee heard testimony in favor of the bill from Rebecca Kiessling who was adopted and later in life discovered she was the product of rape. "Whenever you identify yourself as pro-choice, or whenever you make that exception for rape, what that really translates into is you being able to stand before me, look me in the eye, and say to me, 'I think that your mother should have been able to abort you'.... I would never say (this) to someone...but that is the reality with which I live."

Susan Ridley, Angie Marshall, and "Sharon V." also testified in favor of the bill as women who suffered psychologically as a result of having abortions. Rep. Shirley Smith said the testimony she'd heard was not relevant to the bill in question which relates to providing public funding for abortions.

Chairman White said the committee would hear both opponent and proponent testimony next week.

HB 358  MEDICAID APPLICATIONS   (Wagoner)   To require Medicaid applicants to supply documentation of citizenship or alien status.   Full Text

SCHEDULED BUT NOT HEARD (Sponsor request)

ECONOMIC DEVELOPMENT & ENVIRONMENT

HB 387  COASTAL MANAGEMENT OFFICE   (McGregor, J.)   To abolish the Office of Coastal Management created by the Department of Natural Resources and to transfer its duties to the Division of Soil and Water Conservation within the Department.   Full Text

CONTINUED

Rep. Jim McGregor presented his measure as a solution to the ongoing battle between lakeshore property owners and the Department of Natural Resources. The bill, he explained in sponsor testimony, would abolish the DNR's Coastal Zone Management offices and transfer the duties of managing shoreline issues to the department's Division of Soil and Water Conservation. He said soil and water officials have done a good job working with farmers on land use issue and he believed they could do the same with shoreline property issues. "Soil and water people are local people and they are used to working with the community. They are not someone coming from Columbus telling fourth or fifth generation property owners where their property boundaries are. It's (soil & water) is a culture of serving Ohioans, not bullying Ohioans," Rep. McGregor continued.

Saying that Coastal Zone Management law was a good law when passed in 1988, Rep. McGregor said the interpretation of the law and the position of the Office of Coastal Zone Management is the problem. He said the owners and the public peacefully cohabitated for 200 years until a decade or so ago when the OCZM began its "bizarre" tactics. "It is right and reasonable for the legislature to recoup its authority and determine how this law will be administered. HB 387 addresses this difficult problem. A problem that the Ohio Department of Natural Resources has not addressed in a way that assuages the fear and anger of homeowners. It is a problem that is appropriate and ripe for legislation," he said in outlining the provisions of the bill.

Asked by Rep. Chandler whether he has had any success meeting with departmental officials on the issue, Rep. McGregor said meetings have taken place but no action or solutions have been forthcoming. He added the administration will not deal with this issue in any way that it will restore landowner confidence. Rep. Chandler said she believed the source of the problem is in the coastal zone management office. "I feel sad we have to micromanage this through legislation."

HB 397  C&D LANDFILLS   (Hagan)   To revise the statutes governing construction & demolition debris facilities and to declare an emergency.   Full Text

CONTINUED

Rep. Hagan presented the bill, noting it was a product of the C&DD Facility Study Committee as a means of revising current regulations and help ensure the safety of the water, earth and sky in Ohio communities. Among the changes he outlined in the bill are a requirement for a Permit To Install (PTI) before establishing a new facility. The permit, he said, is needed for licensing authorities to better understand the layout of the facility once it has reached approved capacity. Owners would also be required to obtain an annual operating license for certain portions of the landfill after being cleared for waste acceptance under a PTI. He said the bill further proposes operational plans must include "best management practices" to ensure all accepted materials are disposed of safety and properly.

Rep. Hagan said hearings of the C&DD Facility Study Committee found a lacking in definitions involving pulverized and/or shredded waste. The measure, he said, specifically defines pulverized debris and would only allow pulverized and/or shredded waste into a site where pre-certification of such materials have been taken. The measure further provides explicit authority for the regulating inspector to require removal of any material deemed pulverized and the owner/operator must immediately remove the material in question.

The sponsor pointed out the bill also strengthens required testing for leachate by mandating testing for all 64 contaminants annually including arsenic, copper and chromium. If appropriate samples cannot be obtain, a sample from the groundwater monitoring system will be required and the same set of 64 contaminants will apply. Groundwater monitoring will also be required.

Rep. Hagan added that the bill updates and increases current siting criteria. Minimum standards provide for a setback of 500 feet from an occupied dwelling or national or state park, state nature preserve or state wild, scenic or recreational river, lake or recreation area; 100 feet from certain wetlands, perennial stream or facility property line; 500 feet from a residential water supply well unless other specific criteria are met. Features will be required on new facilities including all-weather access roads, vegetated earthen berms or the like and surface water drainage and sediment control structures.

Another aspect of the bill noted by Rep. Hagan is the creation of a certification program for all C&DD facilities so that debris coming into the facilities is comprised of materials that are suitable for disposal. He noted this was very important in light of the fact t he U.S. Supreme Court has ruled that out-of-state waste does fall under the interstate commerce clause of the U.S. Constitution. The measure also creates a central database of information for all C&DD facilities to allow for easy access to the information for local health boards and the Ohio EPA. The database would be comprised of annual surveys of approved health districts, annual reports from C&DD facilities and leachate and groundwater quality data via local licensing authorities.

SB 190  JOB TRAINING CREDIT   (Carey)   To extend the job training tax credit for an additional year and to declare and emergency.   Full Text

REPORTED

Having already been placed on the House Calendar for Tuesday's session, the committee fast-tracked the bill following an explanation by Senate Caucus staffer Tom Walsh on behalf of Sen. Carey. Although Democrat members forced a committee caucus and expressed concerns over the process of getting the bill out on committee on its first hearing, they all voted in favor of recommending the measure for passage. Chairman Collier reminded minority members that they were informed during the last hearing that the Senate bill would be used as a vehicle. "I asked you to do your homework and be prepared," he said before calling for a committee vote.

The bill is a one-year extension of the Ohio Training Tax Credit allowing Ohio companies up to $100,000 in credit against qualified training programs. Mr. Walsh said no programmatic were included in the bill and the $20 million annual credit would continue through tax year 2006. Of the $20 million available, $10 million would go to the manufacturing industry, $5 million for non-manufacturing companies with fewer than 500 employees and $5 million that is not industry-specific. The bill carries an emergency clause so applications can continue on January 1 when the program is currently slated to expire. Applications will continue to be awarded in a computer-generated, random basis. The bill maintains language from a Senate floor amendment by Sen. Bob Hagan that would require a company to repay the state any amount of the per-employee credit received if that employee is permanently relocated to another state.

AGRICULTURE & NATURAL RESOURCES

HB 296  APPRENTICE HUNTING LICENSES   (Buehrer)   To provide for the issuance of apprentice hunting licenses and apprentice fur taker permits and to enable persons who are sixteen or seventeen years of age to obtain youth hunting licenses and youth fur taker permits.   Full Text

CONTINUED

Rep. Buehrer told the panel that creating apprentice hunting license would likely help draw people into the sport by allowing trained, licensed hunters to supervise those with less experience. He said he supports retaining hunter safety training requirements, but noted that the classes often represent an impediment to potential hunters taking up the activity.

Mr. Buehrer said the apprentice license would be available to the same person only three times and added that they would have to be within regular sound and vision distance of licensed hunters, who wouldn't be allowed to watch more than two apprentices at a time. Beyond drawing more people to hunting, the sponsor said the measure would likely stimulate economic growth.

Chair Aslanides indicated the panel would hear the bill in the future, even if additional bills are not referred to his committee.

HB 232  FERTILIZER SALES   (Mason)   To define "restricted fertilizer" and require that a distributor of a restricted fertilizer be registered with the Director of Agriculture, obtain identification from persons making purchases, and maintain specified records of sales.   Full Text

SCHEDULED BUT NOT HEARD (At sponsor's request)

FINANCE & APPROPRIATIONS

HB 359  EDUCATION TAX CREDIT   (Martin)   To grant an income tax credit to individuals who earn degrees in certain science and technology-based fields of study.   Full Text

CONTINUED

Sponsor Rep. Martin said his bill creates a non-refundable state income tax credit for college students who earn degrees in certain fields the Board of Regents considers associated with job creation and retention in Ohio, with a priority placed on high-tech fields. The credits - $5,000 for associates degrees, $20,000 for baccalaureates and $30,000 for masters and above - are capped by age at 33 years old or 35 if they are for a doctorate degree. The credits are claimed at a rate of one-tenth the amount over 10 years.

The goal of the measure is to retain Ohio graduates in the fields of engineering, the natural sciences, mathematics and others deemed crucial to economic development. "This program is very dear to me and I think this is very important," Mr. Martin said, adding the program would help the state "regain the growth and prosperity" it once had. It would also help companies "match up their needs with our workforce."

HB 381  PREDATORY LENDING   (McGregor, R.)   To fund the enforcement of predatory lending laws.   Full Text

CONTINUED

Sponsor Rep. Trakas said his bill creates "a program that would include a bonus in Ohio's school funding formula for 'excellent' and 'effective' school districts. The proposal that I bring before you today is to place a tangible incentive to promote the high quality education of our math and science curriculums."

The bonuses would be issued "on a per-pupil basis with a sliding scale based on the number of ODE Report Card factors met by the school district. This bill would allow those dollars to be spent on math and science curriculum and special programming in those areas," Rep. Trakas said. The program would start in the 2008-2009 school year. It would entail a bonus equal to $3.50 times the number of standards met times the funding formula Average Daily Membership, or student count.

"The primary goal of this legislation is not just to reward excellence, but to shore up the critical component of learning to Ohio's economy - math and science skills," the sponsor continued

HB 366  SCHOOL DISTRICT STIPENDS   (Trakas)   To establish the School District Achievement Success Rewards Program to pay a per pupil stipend to certain school districts based on their academic performance.   Full Text

CONTINUED

Sponsor Rep. Ross McGregor said his bill would not entail any GRF money or require new fees, but rather provides additional appropriation authority for fees and fines deposited into the Consumer Finance Fund of the Department of Commerce. The "yet-to-be-determined" amount of the fund surplus is expected to be between $1 million and $1.5 million, according to the sponsor. The money would be used to beef up the agency's enforcement efforts for laws targeting "predatory lending" practices. The funds would be used to hire investigators, he said.

THE HOUSE ADJOURNED UNTIL 11 A.M., THURSDAY, OCTOBER 27, 2005 (SKELETON SESSION)

© 2005, Gongwer News Service, Inc. Reproduction of this publication in whole or in part without the express permission of the publisher is in violation of the federal Copyright Law (17 USC 101 et seq.) as is retransmission by facsimile or any other electronic means, including electronic mail.

WEDNESDAY, OCTOBER 26, 2005

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