WEDNESDAY, DECEMBER 6, 2006

PASSED

HB 56  TRAFFICLIGHT CAMERAS  (Raussen)  To allow the use of a traffic law photo-monitoring device to detect traffic law violations only if a law enforcement officer is present at the location of the device and issues tickets at the time and location of the violations.   Full Text   Gongwer Coverage

18-13

HB 236  SPECIAL LICENSE PLATES  (White, J.)  To create "Donate Life" license plates.   Full Text   Gongwer Coverage

31-0

SB 155  MEDIA PRODUCTION STUDY  (Clancy)  To create the Ohio Media Production Advisory Committee to prepare a report about and make recommendations for the growth of the electronic media production industry throughout the state.   Full Text   Gongwer Coverage

31-0

SB 311  CURRICULUM REQUIREMENTS  (Gardner)  To establish the Ohio Core curriculum, to restructure admission requirements and remedial courses in state universities, and to implement other initiatives to enhance secondary and post-secondary education in Ohio.   Full Text   Gongwer Coverage

20-11

SB 337  SPECIAL LICENSE PLATE  (Kearney)  To create "Historically Black Fraternity-Sorority" license plates.   Full Text   Gongwer Coverage

31-0 (Amended)

SB 384  SPECIAL LICENSE PLATES  (Schuler)  To create Civil Air Patrol license plates.   Full Text   Gongwer Coverage

31-0

SENATE CONCURS IN HOUSE AMENDMENTS

SB 223  UNCLAIMED FUNDS  (Niehaus)  To statutorily recognize the Division of Unclaimed Funds and the Office of Superintendent of Unclaimed Funds in the Department of Commerce and to require the registration of persons who, for compensation, agree to locate or recover the unclaimed funds for another.   Full Text

31-0

ADOPTED

SRs 256 & 257. Honorary resolutions

INTRODUCED

SJR 10  TERM LIMITS  (Spada)  To increase the term limits for members of the General Assembly elected in 2008 and for certain members elected before 2008.   Full Text

SB 402  MINIMUM WAGE  (Prentiss)  To implement Section 34a of Article II, Ohio Constitution, and to declare an emergency. Am. & Rep. 4111   Full Text   Gongwer Coverage

REFERRED TO COMMITTEE

Insurance, Commerce & Labor:

SB 401  MINIMUM WAGE  (Stivers)  To implement Section 34a, Article II, of the Constitution of the State of Ohio and to declare an emergency.   Full Text   Gongwer Coverage

State & Local Government & Veterans Affairs:

HB 546  HORSE RACING COMPACT  (Dolan)  To authorize the State Racing Commission to enter into the National Racing Compact in order to provide for the licensure and regulation of individuals involved in the horse racing industry in the Compact states in a specified manner, to change the definition of "Ohio foaled horse," to specify that a thoroughbred mare may leave Ohio for breeding purposes with the Commission's permission and if the mare returns immediately after that activity, and to require that all investment earnings on cash balances in the Ohio Thoroughbred Race Fund be credited to the Fund.   Full Text

COMMITTEE HEARING

STATE & LOCAL GOVERNMENT & VETERANS AFFAIRS

HB 441 PUBLIC MEETINGS   (Evans, C.)   To permit a member of any public body to be present at a meeting by teleconference or interactive video teleconference.   Full Text

CONTINUED

Sponsor Rep. Evans said his bill would create a pilot program that allows the STAR Community Justice Center in Franklin Furnace to hold meetings via teleconference. "The use of modern technology provides a mechanism for conducting business more efficiently and more inclusively," he said. "The use of this technology will conserve resources by cutting costs and saving time, while providing broader opportunities for people with handicaps."

"Some may feel that the physical presence of board members is imperative for conducting business. To my knowledge no one has presented research evidence that supports the theory that less responsible and rational decisions will be made through teleconferencing."

Sen. Dale Miller said he would have opposed the bill had it been more far-reaching and appreciated that it was merely a pilot.

HB 343 TEENAGE DRIVERS   (Raga)   To place certain restrictions on the operation of motor vehicles by probationary license holders and temporary instruction permit holders who are less than 18 years of age, to require children who are between four and fifteen years of age to be restrained in either a child restraint system or an occupant restraining device when being transported in a motor vehicle, and to eliminate the nonresident exemption from the motor vehicle child restraint law.   Full Text

REPORTED (No testimony)

Chairman Cates, the sponsor of the Senate companion measure, said he hoped the bill's passage would help protect the lives of teenagers who have increasingly been involved in fatal accidents. While a key provision to increase the age for probationary licenses was deleted by the House, he said, "the spirit of the bill has remained intact."

"This isn't going to keep everyone safe, but it is a step in the right direction," Sen. Cates said.

ENERGY & PUBLIC UTILITIES SUBCOMMITTEE

SB 298 ENERGY POLICY   (Schuler)   To provide for a state energy policy.   Full Text

REPORTED TO FULL COMMITTEE-SUBSTITUTE

The panel adopted a substitute bill that outlines general policy objectives related to energy. The measure specifies that the Department of Development is the agency charged with coordinating state efforts to meet the goals and specifies at the agency should work with the Public Utilities Commission, the Power Siting Board, the Ohio Coal Development Office, the Office of Energy Services, the Ohio EPA and the Department of Natural Resources in meeting the goals.

Among other things, the policy calls for efforts to stabilize energy prices; support exploration of fuel sources; encourage use of Ohio coal; guarantee access to affordable and reliable natural gas supplies and support the construction of innovative and environmentally sound electric generation supplies.

The bill also stresses the importance of using renewable fuels, implementing energy efficiency programs, reviewing the competitive electric market, reviewing electric supply needs, considering income eligibility requirements for low-income programs and expanding, if practical, the state's alternative fueled vehicle fleet.

ENVIRONMENT & NATURAL RESOURCES

SB 323 MERCURY PRODUCTS   (Spada)   To prohibit the purchase of mercury or mercury-added measuring devices by schools; to prohibit the sale and distribution of mercury-containing thermometers, mercury-added novelties, and mercury-containing termostats; to establish certain exceptions from the prohibitions and to establish other requirements concerning mercury and certain mercury-containing products.   Full Text

REPORTED-AMENDED (No testimony)

The committee accepted an amendment Sen. Spada said would clear up ambiguity over definitions before reporting the measure.

SB 319 WATER RESOURCES COMPACT   (Spada)   To ratify the Great Lakes-St. Lawrence River Basin Water Resources Compact and to establish related requirements.   Full Text

CONTINUED

Edith Chase, president of Ohio Coastal Resource Management Project, testified in favor of the measure, which she characterized as a regional attempt to maintain control of the Great Lakes. "This bill tells the rest of the country, 'forget about taking our water, which we need for our homes and businesses here.'"

Tony Yankel, president of the Ohio Lakefront Group, spoke in opposition to the measure, saying it would convert lakes, ponds, drainage ditches, and well water into public trust property. "This is a significant change in Ohio's property law and an unprecedented taking of private property," he said.

SB 351 COMMERCIAL FISHING   (Spada)   To establish the Commercial Fishing Buy Out Program and to make an appropriation.   Full Text

CONTINUED

"This is more of a law and order issue than a biological issue," Division of Wildlife Chief Steve Gray said in response to questioning from Sen. Grendell. "But we are concerned about the population of fish, especially yellow perch."

Mr. Gray said the division was willing to consider increase the buyout formula for commercial fishermen. In addition, ODNR would consider allowing fishermen without serious wildlife violations to continue to fish.

The division's Lake Erie Enforcement Unit's investigation into commercial fishing violations yielded the country's first felony conviction for "wild animal charges," said Law Enforcement Supervisor Kevin Ramsey. Ten individuals and six wholesale companies were convicted of charges including racketeering, theft, and other misdemeanor charges totaling more than $365,000 in fines.

Larry Mitchell, president of the League of Ohio Sportsmen, was one of several witnesses offering proponent testimony on the measure. "We view the lake as a natural resource for all to enjoy, and not something for a few to take advantage of to bold their own personal fortunes," he said. "These netters have violated the public trust by stealing fish intended for public benefit."

AGRICULTURE

SB 383 FUEL TESTING   (Cates)   To require the Department of Agriculture to establish a motor fuel quality testing program under which county auditors may conduct such testing.   Full Text

CONTINUED

Two county auditors and the Ohio Conference of AAA Clubs voiced support for the bill. Butler County Auditor Kay Rogers said Ohio is one of only four states, the others being Pennsylvania, Nebraska and Alaska, that doesn't have a fuel quality testing program.

"This law is about protecting consumers and ensuring fairness in the marketplace," she said.

Ms. Rogers briefed the panel on a Department of Agriculture study conducted seven years ago that identified a 12.4% failure rate - a result that was three times worse than the rate of seven other states that conducted testing at the time.

Calling the testing "a valuable tool for auditors' offices in Ohio" that is "long overdue," Auditor Rogers said a program would serve to protect both consumers and gas station owners.

While test results have suggested, "some serious issues exist" in the state, Ms. Rogers said, problems with gas content are usually easily corrected.

In response to a question from Chairman Mumper, the auditor said the cost of the testing equipment is about $12,000.

Franklin County Auditor Joe Testa said, "Without this provision being enacted into law, consumer complaints regarding octane, water and sediment in the fuel will have little recourse."

His county purchased a screening device in 2001 and trained staff to use it, but under current law, Mr. Testa said, the county may only notify the station owner and may not require remediation. In the first year of testing, 15% of the samples were a half-octane or more below the advertised levels, he said.

Mr. Testa said there has been no impact on fuel prices in Summit County since it began its own program, and maintained that counties could adopt the permissive proposal "within existing resources."

Ric Oxender, testifying on behalf of the AAA clubs, said a survey of conference members indicated overwhelming support for a fuel-testing program. The bill, he said, "Will instill confidence to our motorists that they are receiving the fuel they are expecting and paying for. AAA feels this legislation is fair to service station providers, adopts standards that apply uniformly to all those being tested, and will not add to the cost of fuel at the pump."

JUDICIARY-CIVIL JUSTICE

HB 9 PUBLIC RECORDS LAW   (Oelslager)   To revise the Public Records Law, to create the office of Public Access Counselor in the Court of Claims, to create a library records commission in each public library and a special taxing district records commission in each special taxing district, to allow a concealed carry licensee to prohibit the disclosure of the licensee's information to a journalist, to revise the records commissions laws, and to eliminate the provision that certain records made by a public accountant incident to an audit of a public office or private entity are not public records.   Full Text

CONTINUED-SUBSTITUTE

The panel adopted a long-awaited substitute version that streamlines and clarifies the process of providing public records to Ohio citizens upon request. The substitute generally simplifies the process for access to public records when offices improperly deny a public records request by giving citizens additional remedies via court action instead of requiring citizens to follow an intermediary process before such remedies are available. The new bill also outlines clear procedures that public offices must follow when responding to public records requests and requires public officials or their designees to attend training on Ohio's public records laws.

Additionally, the substitute restores current law on the question of what is and what is not a public record. Numerous requests for exemptions and expansions to the definition of a public record were made, but Chairman Goodman allowed the legislature does not have the time yet this session to debate and weigh the merits of each and every request. So as to not delay the measure, Sen. Goodman noted the substitute does not address the issues and allowed they should all be debated and studied by the Ohio Privacy/Public Access Committee where a comprehensive approach may be advanced for future legislative action.

The substitute also amends the current process that journalists now follow for access to concealed carry permit holder information. The new language would allow journalists only to inspect the information as well as a list of permits that have been revoked rather than get copies. This provision was designed to strike a balance between protecting permit holder names from being printed as lists, but ensure there are adequate checks and balances over the permit process to be sure only law abiding citizens are receiving permits.

Frank Deaner of the Ohio Newspaper Association, said the original bill, introduced at the beginning of the legislative session in 2005, was based on results of a statewide audit of public records requests showing that only 52% of all individual requests were being filled. He said the bill, nearly two years later, represents a consensus and a balance. In suggesting passage of the bill, Mr. Deaner warned the panel that any changes could destroy the consensus during the remaining few days of the session.

Sarah Zatik, superintendent of the Parma City School District, concurred there is a need for accountability and disclosure for public institutions operating through tax dollars. She said there is a need for clarification of what is a public record that must be retained by school districts. She asked specifically about voicemail and email records. Ms. Zatick said she did not believe the General Assembly realized just how voluminous some public records requests are and said such voluminous request provisions must be as clear as possible. She asked for adequate time placed in law to fill requests with the use of existing personnel and databases and asked for the inclusion of a provision to establish a method of contacting the person, media outlet or organization asking for the information to clarify a request as needed.

JUDICIARY-CRIMINAL JUSTICE

HB 285 PAROLE AUTHORITY VEHICLES   (Willamowski)   To prohibit employees of the Adult Parole Authority from being required to use private vehicles during the course of their employment.   Full Text

CONTINUED

John Stacy, legislative aide to Rep. Willamowski, said the bill simply provides that parolees headed to jail should be transported in properly secured vehicles to protect parole authority employees and also the integrity of their personal vehicles. He explained the original ban on any use of an employee's vehicle was changed to allow such vehicles to be used to transport records or lab samples as part of their job as determined on a case-by-case basis.

HB 241 CRIMINAL FORFEITURE LAWS   (Latta)   To adopt the Criminal Sentencing Commission's recommendations regarding revision of the Forfeiture Laws.   Full Text

CONTINUED

David Diroll, executive director of the Ohio Criminal Sentencing Commission, waded through the complex bill. He said generally, the bill consolidates and streamlines forfeiture statutes into a new chapter by harmonizing various forfeitures and minimizing redundancy. It should make it easier for practitioners and persons charged with offenses to understand the law, he said.

In written testimony, Mr. Diroll said the new forfeiture chapter provides economic disincentives and remedies to deter and offset the economic effect of offenses by seizing and forfeiting assets; ensures that seizures and forfeitures of property are proportionate to the wrongs committed; protects third parties form wrongful forfeitures; and prioritizes restitution for victims of offenses.

John Murphy, executive director of the Ohio Prosecuting Attorneys Association, also supported the measure noting that prosecutors have a seat on the Criminal Sentencing Commission and as such were full participants in putting the bill together. He said the bill simplifies enforcement by bringing everything together in the code.

HB 461 VEHICULAR HOMICIDE   (Wolpert)   To increase the prison term for aggravated vehicular homicide when the offender has prior OVI convictions or guilty pleas.   Full Text

CONTINUED

Victor Vigluicci, Portage County Prosecuting Attorney and president of the Ohio Prosecuting Attorneys Association, appeared in support of the measure. He said existing penalties demean the seriousness of the offense and are inadequate to keep these highway killers off the roads. When considering the many warnings and previous chances to change their conduct, Mr. Vigluicci said the actions of multiple repeat drunk drivers are tantamount to an intentional act.

The prosecutor said the key to progressively more serious penalties is the proof of the existence of previous convictions of OVI. He called proof of previous convictions the Achilles heel of successful implementation of tough drunk driving laws. In particular, Mr. Vigluicci supported the establishment as prima-facie evidence of a prior traffic related conviction a certified copy of the record maintained by the Bureau of Motor Vehicles as the records contain an abundance of identifying information.

Mr. Vigluicci further supported language to specifically allow the obtaining and use of private medical blood tests performed in the normal course of medical treatment in OVI prosecutions. He noted a 2005 Supreme Court decision (State v. Mayl) blocked the use of such hospital lab tests where the lab was not certified by the Department of Health. That decision, he continued, included an invitation to the legislature to adopt an exception for the use of such hospital tests.

HB 141 PERSONAL INFORMATION   (Willamowski)   To give parole officers, probation officers, and field officers the same options as peace officers with respect to confidentiality of certain personal information.   Full Text

CONTINUED

Speaking as an interested party, Frank Deaner, executive director of the Ohio Newspaper Association, asked for the retention of language amended into the bill to clarify the "personal and familial information" exemption in the Ohio Public Records Act as it pertains to peace officers, firefighters and EMT's. He said a liberal interpretation of previous language conflicts with the public records status given to many routine documents in police department files such as traffic tickets, accident reports and peace officer disciplinary reports. Mr. Deaner said the bill offers a common sense solution by declaring all exempted items to be specifically exempted as "incidental to employment" and the original intent of the exemption would be preserved while eliminating an unintended semantic problem.

HB 571 MISSING PERSONS   (Hughes)   Relative to missing persons in Ohio.   Full Text

CONTINUED

Rep. Hughes said the bill would require of the attorney general the creation of a statewide best practice for law enforcement to use for missing adults. He said high profile cases of missing adults - such as missing OSU students Brian Shaffer and Julie Popovich that garners national attention - have shown a need to find a way to handle cases in which an adult could be missing involuntarily. Mr. Hughes said the bill is not intended to violate the right of any adult to voluntarily leave a situation, but when foul play is involved, time, knowledge and the right tools may save a life. He said when foul play indicators are found, law enforcement investigating a missing persons report would enter information into the Law Enforcement Automated Data System within seven days. That time frame would be reduced to 48 hours if foul play is found after the original investigation. When there is no foul play found, then the missing person's information would be entered 30 days after the report is filed.

Rep. Hughes also explained the bill includes provisions setting guidelines for coroners to use in cases where unidentified bodies are found and allow coroners to put information, such as fingerprints or DNA, into the Bureau of Criminal Investigation website. Noting the support of the attorney general, law enforcement, crime stopper organizations and the media, Mr. Hughes concluded it is the hope of all involved that utilizing the tools already in place will help to solve cases with missing adults in a timely manor and give the families the answers they deserve.

SB 389 SEX OFFENSES   (Austria)   Regarding child protection and safety; to include certain sex offenses in the corrupt activity law; to make changes to SORN Law penalties; and to direct the Attorney General to conform Ohio law to the federal Sex Offender Registration and Notification Act.   Full Text

CONTINUED

Sen. Austria said the bill represents the next step in continuing to protect vulnerable citizens against sexual offenders and predators. The measure directs the Attorney General to conform Ohio law to the federal Adam Walsh Child Protection and Safety Act of 2006 and for the AG to make recommendations to the General Assembly regarding legislative changes needed to comply with the federal act. It further would authorize the AG to award available federal grants - Jessica Lunsford and Sarah Lunde Grants - for Ohio to local governments.

The sponsor further explained the bill would harmonize criminal offenses including potential foster parents and new hires of Ohio public children services agencies and conform Ohio law for sex offenders convicted for gross sexual imposition when the victim is a child under the age of 10. Additionally, background checks would be required on an annual basis for foster parents and the law would

Sen. and Attorney General-elect Marc Dann praised the efforts of Sen. Austria for his work in strengthening SORN laws in Ohio and added that the Petro administration and his new administration in the attorney general's office believes the subjects covered under the bill represents work left undone by the current General Assembly. He urged the committee to move quickly on the measure at it is a responsible straight forward approach that would put Ohio ahead of the curve when complying to the federal act.

HB 551 FALSE EMERGENCY ALERT   (Latta)   To prohibit a person from making a false report that results in the implementation of the statewide emergency alert program or a local or regional emergency alert program.   Full Text

CONTINUED

Elizabeth Bostdorff, legislative aide to Rep. Latta, presented the bill saying Amber Alerts are crucial to finding children in the first hours of their missing. She said false alerts take away time from law enforcement that could be more properly used in finding children truly missing or in danger. On behalf of the sponsor, Ms. Bostdorff said the bill establishes a fourth degree felony for anyone knowingly making such a false report. She assured the committee that the bill would not penalize people who truly believe their children are missing and then are found to have wondered a little and later returned home.

SB 352 HUMAN TRAFFICKING   (Goodman)   To prohibit involuntary servitude, sexual servitude of a minor, and trafficking in persons for forced labor or services.   Full Text

CONTINUED

Sen. Goodman, in sponsor testimony, said the bill would help combat the exploitation of Ohio children and others through human trafficking. The bill, he explained, creates new human trafficking offenses of involuntary servitude, sexual servitude of a minor and trafficking in persons for forced labor of services. The senator added that the bill further would require the Attorney General's office and the Department of Job and Family Services to work together to improve current and develop new programs that assist victims.

THE SENATE ADJOURNED UNTIL 11 A.M. THURSDAY, DECEMBER 7, 2006 (SKELETON SESSION)

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WEDNESDAY, DECEMBER 6, 2006

Alan Miller, President  |  Scott Miller, Vice President  |  Kent Cahlander, Editor  |  John Chalfant, Marcus Roth, Staff Writers

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