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Writer's pictureFrank M. Strigari

Week in Review December 2, 2024


Ohio statehouse government affairs week in review January 2023

This report reflects the latest happenings in government relations, in and around the Ohio statehouse. You’ll notice that it’s broad in nature and on an array of topics, from A-Z. This will be updated on a weekly basis.

Please feel free to share it with anyone else you believe may find it of interest, as well. Also, please do not hesitate to contact us should you have any questions, concerns or if we can be of any assistance.


ABORTION


The state of Ohio will appeal the decision permanently blocking most of "heartbeat" abortion ban 133-SB23 (Roegner), Attorney General Dave Yost wrote in a court filing. Hamilton County Court of Common Pleas Judge Christian Jenkins had ruled that the ban was unconstitutional in late October. Yost is planning to appeal that decision to the First District Court of Appeals. While both the state and the plaintiffs agree that the core restriction in the law -- prohibiting abortion after fetal cardiac activity is detected, which usually occurs around six weeks' gestation -- is unconstitutional in light of the reproductive rights constitutional amendment approved by voters, Yost has argued that other provisions in the law are constitutional and should be preserved.


AGRICULTURE


The portion of Ohio that is considered to be in "severe drought" conditions dropped over the past week, going from nearly half of the state to one-third, according to the latest update from the U.S. Drought Monitor. The easing of drought conditions comes as the House Finance Committee passed legislation that includes $10 million in drought relief funds as portions of the state, especially in Southeast Ohio, faced substantial drought conditions throughout the summer months. The Drought Monitor currently has 35.43 percent of the state in "severe drought" status, down from last week's 49.59 percent.


ATTORNEY GENERAL


Attorney General Dave Yost, dozens of other state attorneys general and the U.S. Department of Justice (DOJ) recently filed a proposed final judgment in litigation accusing Google of anticompetitive business practices. If adopted, the proposal would require Google to sell off Chrome, among other actions. The lawsuit in the U.S. District Court for the District of Columbia, filed in 2020, accuses Google of illegally maintaining a monopoly with exclusionary contracts, among other alleged misdeeds. "Greater choices and transparency are the framework for true competition," Yost said in a statement.


After getting rejected by Attorney General Dave Yost nine times, backers of a proposed constitutional amendment ending qualified immunity for certain government employees will go on to the next step after Yost approved the submission Monday. The Ohio Supreme Court earlier this month ordered Yost to review the petition summary for the amendment after he had rejected it most recently for not containing a title. The Court ruled last month that the attorney general does not have the authority to reject a proposed petition summary based on its title. In determining the petition summary is fair and truthful, Yost continued to make the case for his belief that the petition should have a title.


CHILDREN/FAMILIES


Parents of children with specialized medical needs and professional caregivers gave heartfelt personal testimony on Tuesday to the House Families and Aging Committee in support of legislation establishing centers based on the level of care needed for children with specialized medical needs. Several proponents of HB676 (Baker-Abrams) told stories of their own children who had been born with complicated medical issues that involved around-the-clock home care starting often as soon as their child was brought home from the hospital after birth. Dr. Breann Butts, pediatrician at Cincinnati Children's Hospital Medical Center, cited a national survey from 2020-2021 that reported over 537,000 children in Ohio, or 21 percent of the state's children, have special health care needs. At her hospital alone in 2022, Butts said children with medical complexity had nearly 4,000 avoidable inpatient hospitalization days due to a lack of access to home and community nursing services.


CITIES


The Ohio Mayors Alliance Foundation is providing the city of Springfield with a $100,000 grant award to help pay for translation service costs for the Haitian community and security expenses incurred after controversial statements surfaced during the election about Haitian immigrants there. "The grant will also help cover unexpected security expenses during an unprecedented period of disruption, including bomb threats, brought on by false and inflammatory statements made during the presidential campaign about Haitian immigrants," the group said. Rob Rue, mayor of Springfield, thanked the foundation.


EDUCATION


The Ohio Supreme Court Monday ordered Columbus City Schools to respond to Attorney General Dave Yost's complaint over withdrawal of busing for many school choice students, but declined to compel the district to notify private and charter schools about which of their students' transportation was deemed "impractical" and provide them information on parental mediation rights. Public school districts are generally obligated to provide transportation for resident students who attend charter or private schools, though districts have the ability to determine whether that transportation is impractical for some students and provide families with payment in lieu of transportation. Yost sued the district earlier this year, arguing it wrongly denied busing to many school choice students.


After a 10-year hiatus, postseason high school basketball will return to the Taft Coliseum at the state fairgrounds, the Ohio High School Athletic Association (OHSAA) and Ohio Expo Center and State Fair announced Monday. Basketball tournament games will be held in the Taft Coliseum starting in February 2025, OHSAA Executive Director Doug Ute and Ohio Expo Center and State Fair Executive Director Adam Heffron said.


Following months of technical issues that caused confusion for both student borrowers and universities, the U.S. Department of Education (DOE) last week released a new version of the Free Application for Federal Student Aid (FAFSA) for 2025-2026 that DOE says will enhance user experience and improve functionality of the form. The rollout of a new FAFSA form in 2024-2025 had been plagued with technical glitches that presented problems for students during the application process. DOE eventually identified more than 40 separate technical issues with the 2024-2025 FAFSA rollout, ranging from in-progress applications deleting information applicants had entered to incorrect estimates of students' eligibility for financial aid.


aiEDU: the AI Education Project, a nonprofit, announced it has received a grant from the Ohio Department of Education and Workforce (DEW) and is partnering with the Ohio Educational Service Center Association (OESCA) to promote AI literacy and AI readiness across the state. The grant will cover attendance at multiple conferences and summits focused on AI readiness and subscriptions to professional learning for Ohio educators.


EMPLOYMENT/UNEMPLOYMENT


A recent study by the Pew Charitable Trusts finds that in most of the country, higher shares of women were employed in 2023 compared with the 15-year averages from 2008 to 2022, but women everywhere are still less likely to engage in paid work than men. Pew found the gap between the shares of prime-age men and of women who are employed narrowed nationally and in most states. Nationally, three-quarters of women between the ages of 25 and 54 were employed in 2023, the highest rate on record. The share has almost doubled since 1955, the first year of available data, when only about 38 percent of women in that age group were employed, Pew said.


ENVIRONMENT


The DeWine administration recently announced $58.2 million will be provided through the Brownfield Remediation Program's eighth round, helping with redevelopment at 61 brownfield sites in 33 counties. That includes approximately $55.9 million for 46 cleanup and remediation projects, and nearly $2.4 million toward 15 assessment projects. In total, the Ohio Department of Development (DOD) has now awarded more than $560 million to 550 projects in 86 of Ohio's 88 counties.


GENERAL ASSEMBLY/STATEHOUSE


The Ohio Statehouse will host its second memorial for a legislative titan next week when Sen. Kirk Schuring (R-Canton) lays in state in the Statehouse Rotunda. The Ohio Senate announced Schuring's death last Friday. Jo Ann Davidson, the first and only woman to be elected Ohio House speaker, also was honored with a Statehouse funeral in October. Schuring will lay in state on Tuesday, Dec. 3 from 10 a.m. to 2 p.m. A memorial service follows from 2 p.m. to 3 p.m. in the Statehouse Atrium. The event will also be livestreamed on the Ohio Channel. In addition, the Senate will pay tribute to Schuring at 1 p.m. in the Senate Chambers before moving to the Atrium. Local services will take place in his hometown of Canton: calling hours will be 2 p.m. to 7 p.m. Wednesday, Dec. 4 at the Kent State Stark Campus Conference Center, 6000 Frank Ave. NW in North Canton. Schuring's funeral service will take place at 11 a.m. on Thursday, Dec. 5 at The Old Stone Chapel, 415 Tuscarawas St., W., Canton. Schuring, who represented Stark County for decades in both legislative chambers and for a brief time was Interim Speaker of the House, was widely respected as a broker of compromise. He died at age 72 after an illness that kept him away from the Statehouse in recent months. He was in the middle of the four-year term to which he was elected in 2022.


The House clerk's office announced two additional changes to the session schedule for the remainder of the year. An if-needed session set for Tuesday, Dec. 3 is now cancelled. The Wednesday, Dec. 11 session is now scheduled to begin at 11 a.m. rather than 2 p.m.


Rep. Gayle Manning (R-North Ridgeville) is looking forward to a more stable and unified House in the 136th General Assembly, the House speaker pro tempore-elect told Hannah News on Tuesday. Last week, Senate President Matt Huffman (R-Lima) was unanimously elected by the incoming House Republican Caucus as the next speaker. Huffman announced his leadership team directly after the election, which includes Manning as second in command. "I felt like he would play a major role in unity," Manning said, calling the past six years in the House "a bit chaotic. … I also know that he does believe in working across the aisle, which is important to me also. So I'm hoping it all works out," she said. Manning said she didn't actively seek out the leadership position. "President Huffman reached out to me and asked if I would be his number two," she said. "I'm not one to go after leadership roles. ... I'm one of these -- if I can make a difference, yeah. Otherwise, I don't need leadership to represent my district."


GOVERNOR


Gov. Mike DeWine and Warren City School District leaders celebrated the opening of a new $36 million student recreation and wellness center at Warren G. Harding High School this week. Standing at 136,000 square feet, the state-of-the-art facility offers a range of modern amenities designed to benefit students' physical, social-emotional, and academic health, according to the governor's office. "We know that students learn their best when they feel their best. That certainly includes being physically healthy, but it's also a top priority of my administration to make sure students are also mentally healthy and emotionally healthy," DeWine said.


HEALTH AND HUMAN SERVICES


The state of Ohio doesn't spend enough on public health, Rep. Bride Rose Sweeney (D-Cleveland), Sen. Steve Huffman (R-Tipp City) and Rep. Adam Holmes (R-Nashport) said during the Ohio Chamber of Commerce's recent 2024 Health Care Transformation Summit. Alex Weingarth, government and external affairs director for AmeriHealth Caritas, started the panel discussion by noting that Ohio is ranked fourth out of the 50 states for lowest spending on public health. Sweeney said studies have shown that when governments spend more on public health, they end up spending less to take care of seriously sick people. Huffman said the state should spend more on public health, and specifically more on chronic health conditions. Holmes said he agrees that more spending on targeted programs to prevent chronic health problems could be beneficial, but also said he is worried about the current spending on programs like Medicaid. He said the current growth of Medicaid is "not sustainable," especially now that the federal government isn't providing as much assistance.


HIGHER EDUCATION


Student-athletes are expected to receive $20.5 million from Ohio State University (OSU) for name, image and likeness (NIL) deals, OSU Athletic Director Ross Bjork said in a letter to Buckeye fans. OSU will likely begin paying students directly in the 2025-2026 school year, Bjork said, noting the $20.5 million figure is expected to increase annually by at least 4 percent. Previously, student-athletes could only be compensated for NIL agreements supported by external entities. Gov. Mike DeWine recently signed an executive order allowing Ohio institutions of higher education to directly compensate college athletes for NIL deals. There are also bills to codify the order and to make other changes regarding college athlete NIL deals.


INTEL


Intel and the Biden administration announced Tuesday they had finalized a $7.86 billion funding award to support the company's commercial semiconductor manufacturing efforts in Ohio and other states. Intel's Ohio project will receive $1.5 billion from the funds, according to the U.S. Department of Commerce, and Cleveland.com reported one of the original two fabs is now expected to be completed by the end of the decade. That also led to a projection of 1,500 jobs created by then rather than the original 3,000 by the end of 2025. Those direct funds are in addition to $3 billion awarded under the federal "Secure Enclave" program, and Intel will also receive a 25 percent investment tax credit. This final award amount is lower than the proposed preliminary award of up to $8.5 billion due to the additional Secure Enclave funds. Other parts of the $7.86 billion award are $3.94 billion for Intel's Arizona efforts, $1.86 billion for work in Oregon and $500 million for Intel's development of an advanced packaging facility in New Mexico.


JUDICIAL


The Ohio Supreme Court has issued its latest clarification of state sunshine laws by declaring quasi-judicial "hearings" on government employee discipline analogous to open "meetings" and official "deliberations" equivalent to other public proceedings. The Republican majority stopped short of overturning precedents to the contrary but said the quasi-judicial distinction has no basis in statute. Justices heard the appeal of former St. Paris police chief Erica Barga, who had failed to convince the Champaign County Common Pleas Court and 2nd District that the village council had erred when it publicly heard evidence and testimony in her dispute with former Mayor Brenda Cook but entered executive session to deliberate on charges of insubordination and dereliction of duty before emerging to remove her as chief. The trial court concluded an "administrative decision is presumed to be valid" -- a second long-held assumption challenged by the Court of late -- while the appeals court ruled Ohio's Open Meetings Act in R.C. 121.22 does not apply to proceedings to remove a public official in R.C. 737.171. In Barga v. Village Council of St. Paris, the Supreme Court rejected the 2nd District's finding that the removal statute describes a quasi-judicial hearing immune from the Open Meetings Act. The 4-3 majority noted R.C. 737.171 requires that employment charges "shall be heard at the next regular meeting of the legislative authority," placing Barga and other government employees under the sunshine protections of R.C. 121.22.


Chief Justice Sharon Kennedy and two Republican colleagues left the door open last week for Hailey Emmeline Adelaide to obtain a birth certificate gender change in a future case after four members of the Ohio Supreme Court failed to reach a single, substantive decision, leaving the entire Court to engage in what were effectively advisory opinions lacking jurisprudence. The majority faulted the three-member plurality for not taking a side, though the other four also split over the signal question: Do birth certificate "corrections" in R.C. 3705.15 allow native Ohioans to change their original gender assignment? Adelaide was born Brian Edward Deboard in 1973 but embraced a female identity at the age of four and eventually sought a birth certificate change in name and gender in 2021. The Clark County Probate Court granted the first but not the second request, finding R.C. 3705.15 contemplates birth certificate errors cognizable at the time of birth, not those arising from subsequent developments. In addition to name changes, the lower court noted the Ohio Legislature had provided a separate section of the Ohio Revised Code for birth certificate modifications due to adoption. The 2nd District Court of Appeals upheld the probate court's time-bound interpretation of R.C. 3705.15, sending Adelaide to the Supreme Court. It accepted the appeal more than two years ago, a decision supported by former Chief Justice Maureen O'Connor and the three sitting Democrat justices and opposed by now-Chief Justice Sharon Kennedy and Justices Patrick Fischer and R. Patrick DeWine.


MENTAL HEALTH


A workgroup formed by Gov. Mike DeWine earlier this year to address the chronic lack of beds at the six state-operated regional psychiatric hospitals released 15 recommendations to help free up beds as well as expand local options for mental health treatment and support across the state. The Governor's Work Group on Competency Restoration and Diversion was created in April of this year to address the lack of beds at the state psychiatric hospitals. According to the workgroup's report, the hospitals operate at over 96 percent capacity, and nine out of every 10 of the beds are occupied by forensic patients, including individuals transferred from jails, those ordered for restoration to competency, and for treatment after a Not Guilty by Reason of Insanity acquittal.


NATURAL RESOURCES


A trail opened recently inside Alum Creek State Park north of Columbus honors the history of Ohio's role hosting stops along the Underground Railroad. The new Heritage of Freedom Trail allows visitors to learn about the area's importance as a haven for escaped slaves during the mid-19th century as they escaped the southern U.S. Visitors can learn from signage on the trail about the nearby community of Africa, a historically free Black community. In the 1820s, a parishioner in the area named Samuel Patterson began hosting runaway slaves in his home and inviting antislavery speakers to the pulpit of East Orange Methodist Church. The ensuing division in the church over the slavery question led to a pro-slavery neighbor's calling the church community "Africa," and residents renamed their village to match. The trail head of the Heritage of Freedom Trail at Alum Creek State Park is located near the Galena Boat Ramp. The trail is a natural surface loop designed for visitors of all ages, running just under three-quarters of a mile.


PENSIONS


Investment performance for FY24 strengthened the financial position of the School Employees Retirement System (SERS). With a net investment return of 9.69 percent for the previous fiscal year, compared to expected average annual returns of 7 percent, SERS funding ratio increases from 76.61 percent to 78.99 percent. The period of which SERS is expected to be able to pay down its unfunded accrued liabilities decreased from 21 years to 20 years. Under state law, Ohio public pension systems are expected to have a funding window below 30 years.


THANKSGIVING


Nearly 80 million travelers are expected to travel 50 or more miles from home over the Thanksgiving holiday travel period, according to AAA, including nearly 3 million Ohioans. The travel forecast, which this year includes the Tuesday before the holiday and the Monday after to better capture the flow of Thanksgiving travelers, is an increase of 1.7 million people over last year, and 2 million more than in 2019. ODOT said it will be reducing the size and scope of active road construction work zones as much as possible to accommodate the anticipated increased traffic volume. Of the nearly 80 million traveling for the holiday, AAA said it is projecting 71.7 million people will travel by car, an increase of 1.3 million travelers over 2023. The number traveling by car also exceeds pre-pandemic numbers, when 70.6 million traveled by car in 2019.


Ahead of "one of the busiest travel periods of the year," the Ohio State Highway Patrol (OSHP) called on Ohioans and visitors traveling through the state to follow safe driving practices this Thanksgiving holiday weekend. OSHP troopers will provide an increased presence to promote safety, running from midnight on Wednesday, Nov. 27 through 11:59 p.m. on Sunday, Dec. 1. "As we enter the busy holiday travel season, I urge all Ohioans to be safe and smart while behind the wheel," said Gov. Mike DeWine. "All drivers have the opportunity to prevent senseless tragedies by driving responsibly, wearing a seat belt, and remaining focused on the road." During the 2023 Thanksgiving reporting period from Nov. 22-26, there were 13 traffic fatalities resulting from 12 crashes. Five of those crashes and six fatalities involved alcohol or drugs, and two people were not wearing a safety belt that was available. OSHP noted the 13 fatalities also included two pedestrians and two motorcyclists. There were 326 arrests for impaired driving during the 2023 holiday as well.


Entities within the Ohio Department of Commerce (DOC) remind Ohioans about the importance of remaining safe over the holidays, with the Division of State Fire Marshal (SFM) emphasizing the risk that home kitchen fires pose due to increased cooking. According to the National Fire Protection Association (NFPA), Thanksgiving has three times the daily average for such fires compared to other days. That puts it first for the year, with Christmas Day and Christmas Eve at second and third respectively. Safety recommendations SFM listed include the following:


  • Never leave cooking food unattended. Always stay in the general location where food is being cooked. In addition, use timers to remind yourself of food that may be on the stove or in the oven.

  • Keep kids and pets away from cooking areas. While playing, ensure young children and pets maintain a safe distance of at least three feet from indoor and outdoor cooking areas.

  • Use this as a teachable moment. Consider involving children in the cooking process while also teaching them how to do so safely.

  • Keep flammable materials away from heat sources. Paper towels, napkins and other combustibles should be stored safely away from heat sources, such as stoves, air and oil fryers, and grills.

  • Use caution with turkey fryers. Only utilize turkey fryers outdoors and away from structures. Turkey fryers should not be used inside garages. Be sure to use the appropriate amount of oil to avoid overflows, which can cause dangerous and intense fires.

  • Have a fire extinguisher ready. In addition to having an extinguisher on hand, make sure you understand how to use it if needed. If a fire becomes unmanageable, evacuate your home immediately and call 911.


The Ohio Traffic Safety Office (OTSO) announced it has received a grant from the Governors Highway Safety Association (GHSA) in partnership with Lyft to offer $20 rideshare credits across the state to help drivers have a safe ride home during the week of Thanksgiving. Starting Tuesday, Nov. 26, drivers can claim a rideshare credit as an alternative to driving impaired by alcohol or drugs. OTSO said it wants drivers to plan ahead for all celebrations with safety in mind. The code for the rideshare credit is posted on http://otso.ohio.gov/lyft. A limited number of rideshare credits are available each day. To claim a credit, Ohioans should open the Lyft app and choose "Payment" from the menu on the top left corner.


TRANSPORTATION/INFRASTRUCTURE


DriveOhio announced this week that seven new electric vehicle (EV) charging stations have been opened in recent weeks, bringing the state's total to 13 new stations since a year ago. Additionally, DriveOhio said six more locations currently under construction will open by the end of the year. "Opening these charging stations along our interstates provides EV travelers with increased fueling options that are convenient and reliable this holiday season and beyond," said Ohio Department of Transportation (ODOT) Director Pamela Boratyn. Each new station has multiple ports to accommodate simultaneous charging of at least four vehicles per location and each port is equipped with at least 150 kilowatts of power, which can charge most EVs in around 30 minutes. Located at existing businesses along Ohio's interstates, drivers will have access to restrooms and amenities while their vehicle charges.


WORKERS’ COMPENSATION


The Ohio Bureau of Workers' Compensation's (BWC) investment portfolio had a FY24 total return of 5.1 percent and net investment income of $1.02 billion, according to a new fiscal year report on the performance and value of each investment class. The BWC investment portfolio was valued at $21.14 billion as of June 30, 2024, compared to $20.54 billion on June 30, 2023, the report says. The BWC Board of Directors approved the 2024 Fiscal Year Investment Class Report during its monthly meeting on Friday, sending the document to the governor and legislative leaders. The total fair value of the bond portfolio was $10.97 billion in FY24, compared to $10.64 billion in FY23. The total fair value of equities was $6.66 billion in FY24, compared to $6.14 billion in FY23. The total fair value of the real estate portfolio was $3.18 billion in FY24, compared to $3.61 billion in FY23. Total BWC cash and cash equivalents had a fair value of $320 million in FY24, compared to $140 million in FY23.

 

 


 




[Story originally published in The Hannah Report. Copyright 2024 Hannah News Service, Inc.]



 



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