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Writer's pictureFrank M. Strigari

Week in Review October 28, 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


Ohio's six-week abortion ban is unconstitutional under the recently adopted reproductive rights amendment, Hamilton County Common Pleas Judge Christian Jenkins wrote Thursday in a ruling that permanently blocks most of the law. Jenkins flatly rejected Attorney General Dave Yost's arguments that portions of 133-SB23, aka the heartbeat abortion ban, could stand following the November 2023 approval by voters of the abortion rights constitutional amendment. And he disputed the characterization of the Dobbs ruling, which upended Roe v. Wade, as simply returning the abortion issue to the states. "The premise of this myth is that, in states where the voters adopt abortion protection measures, those rights will in fact be protected by the state and its officers. Not so in Ohio. Despite the adoption of a broad and strongly worded constitutional amendment, in this case and others, the state of Ohio seeks not to uphold the constitutional protection of abortion rights, but to diminish and limit it. If Ohio courts adopted the state defendants' arguments, Ohio doctors who provide abortion care would continue to be at risk of felony criminal charges, $20,000 fines, medical license suspensions and revocations, and civil claims for wrongful death. Patients seeking abortion care would still be required to make two in-person visits to their provider, wait 24 hours to receive abortion care, receive state-mandated information designed to discourage abortion and have the reason for their abortion recorded and reported. Unlike the Ohio attorney general, this court will uphold the Ohio Constitution's protection of abortion rights. The will of the people of Ohio will be given effect," Jenkins wrote.


AGING


The Ohio Department of Aging (ODA) recently announced the launch of its Excellence in Clinical & Educational Learning (EXCEL) Academy, a new program that it said is designed to empower nursing homes and their staff to shine through continuing education and support from clinical experts. ODA said the EXCEL Academy is the latest in a series of new initiatives launched as a result of the work of the Ohio Governor's Nursing Home Quality and Accountability Task Force, and all nursing homes in Ohio are eligible to apply now for this new opportunity. Facilities interested in applying for the first cohort can visit. https://covidcare.age.ohio.gov/ . Facilities needing login credentials can email R3APsupport@age.ohio.gov for help.


Ohioans got their steps in this September, supporting the ODA's "10 Million Steps to Prevent Falls" campaign by walking 73,116,500 steps to raise awareness of older adult falls. That number beats the step total from 2023 by more than 14 million steps. "Every person in the state who took part in us surpassing our goal for 2024 deserves a huge thank you," said ODA Director Ursel J. McElroy. "By going over 73 million steps this year, our '10 Million Steps to Prevent Falls' campaign helped people all over the state learn about how to prevent falls for themselves or loved ones.”


ARTS, SPORTS AND ENTERTAINMENT


Former U.S. Rep. Dennis Kucinich is asking Cleveland's law director to enforce the state law protecting local sports teams after Cleveland Browns owners Jimmy and Dee Haslam announced plans to move the team into a domed stadium in the suburb of Brook Park. Kucinich cited then-Attorney General Mike DeWine's use of the law to help keep the Columbus Crew in the city of Columbus, saying the law director can use that case as a guide. Kucinich helped write the "Modell Law" in the mid-1990s after Art Modell moved the Browns to Baltimore, MD.


ATTORNEY GENERAL


Ohio Attorney General Dave Yost announced Tuesday six people were indicted for allegedly illegal voting in past elections, part of the first "tranche" of referrals to his office by Secretary of State Frank LaRose. Additional indictments are expected as a result of that, Yost said during a virtual press conference, although one of the six was later determined to have died in December 2022. That indictment will be dismissed. LaRose had referred 653 cases to the attorney general's office. Yost said Tuesday they found 138 cases involved actual voting while the "lion's share" of the rest were matters of improper registration did not fall under the attorney general's authority.


Yost announced the first meeting of his 2024-25 Teen Ambassador Board this week, a meet-and-greet session with presentations by key AG staff. The board comprises 168 high-school juniors and seniors geographically representing roughly half the state. Teen ambassadors will learn firsthand about Ohio's legal and governmental operations from officials, interactive learning sessions and other activities. Board members also advise the attorney general on teen-related challenges and work with the office to develop solutions to important issues facing the state.


CHILDREN/FAMILIES


U.S. babies died at a higher rate in the months following the U.S. Supreme Court's decision to revoke nationwide abortion rights in Dobbs v. Jackson Women's Health Organization, according to a new study from Ohio State University (OSU) researchers, published in JAMA Pediatric. It also found that infant mortality was highest among those born with chromosomal or genetic abnormalities. The findings mirror previous research analyzing the experience in Texas after a ban on abortions in early pregnancy and illuminate the consequences of restricting access to abortion care, OSU researchers Maria Gallo and Parvati Singh said. "In the seven to 14 months after Roe v. Wade was overturned, we saw a 7 percent increase in infant mortality, and a 10 percent increase in those babies born with congenital anomalies," said Singh, an assistant professor of epidemiology. From 2018 through 2023, monthly infant mortality averaged 5.6 deaths per 1,000 live births and mortality with congenital anomalies averaged 1.3 deaths per 1,000 live births. When the researchers compared the months after Dobbs with the months before, they found 247 more total infant deaths per month than expected and 204 more deaths per month than expected due to chromosomal and genetic conditions.


DEATH PENALTY


Gov. Mike DeWine late Friday afternoon issued the following reprieves of execution:

  • Stanley Adams, who was scheduled to be executed on Feb. 19, 2025. The new date of execution has been moved to Feb. 16, 2028.

  • John Drummond, who was scheduled to be executed on April 16, 2025. The new date of execution has been moved to March 15, 2028.

  • James Hanna, who was scheduled to be executed on May 14, 2025. The new date of execution has been moved to April 19, 2028.

  • DeWine issued the reprieves “due to ongoing problems involving the willingness of pharmaceutical suppliers to provide drugs to the Ohio Department of Rehabilitation and Correction (DRC), pursuant to DRC protocol, without endangering other Ohioans." This continues a practice DeWine has followed throughout his tenure as governor, with the last reprieves having been issued this year on Feb. 16 and June 14.


DISABILITIES


The Ohio Developmental Disabilities Council, which is made up of people with developmental disabilities, their families and other relevant officials, is seeking feedback on the five-year plan on which it will base future funding decisions. Responses to the survey, which focuses on the plan for 2027-2031, are due by the end of the year, Tuesday, Dec. 31. The survey is available online in three languages:



ECONOMIC DEVELOPMENT


Gov. Mike DeWine addressed the JobsOhio board during its meeting Thursday, saying members do a "phenomenal job" and that Ohio is unique by having the private economic development entity. While JobsOhio is outside of government, he noted it works closely with his administration and the Legislature as part of a "team effort." They pursued and won "thousands of economic development projects that have attracted and accelerated economic growth, job opportunities and prosperity for communities in every corner of the state." JobsOhio also worked with state government on regulatory reform and improving the competitiveness of Ohio's business climate in tax policy, mega-project incentives, industrial site preparation and infrastructure investments, DeWine continued. "Strategic initiatives" to redefine Ohio's global position in the innovative economy have also begun, including the state's innovation districts and hubs. He further detailed work to support revitalization of historic downtown areas in smaller communities and to enable new development.


EDUCATION


After lawmakers opened the program to all Ohioans, spending and participation for income-based EdChoice vouchers more than tripled from FY23 to FY24, according to near-final numbers from the Ohio Department of Education and Workforce (DEW). Total scholarship spending, including the traditional EdChoice scholarship based on local school performance and scholarships for special needs students, approached $1 billion, versus about $610 million in FY23. Growth in income-based vouchers accounted for almost all of the increase. In the budget bill, HB33 (Edwards), lawmakers expanded the income-based voucher program to all comers, although families earning more than 450 percent of the federal poverty level (FPL) will see gradually diminished scholarship amounts, down to 10 percent of the full award for families earning close to 800 percent of FPL. For a family of four, the 450 percent threshold this year sits at $140,400.


Gov. Mike DeWine and DEW Director Steve Dackin Friday announced that Ohio has received a $60 million Comprehensive Literacy State Development grant from the U.S. Department of Education (USDOE). The funding will support Ohio teachers in providing effective literacy instruction to help students maximize their reading and writing skills. Through DeWine’s ReadOhio initiative, DEW is championing statewide efforts to raise literacy achievement. This includes schools' aligning instruction with the "science of reading," an approach proven through research as the best method for teaching children to read. Elementary, middle, and high schools -- as well as district preschools and early childhood education programs across Ohio -- will soon be able to apply to become a comprehensive literacy implementation site. More information is available online a https://tinyurl.com/mksp9tzd. Selected sites will be able to use these grant funds to strengthen the ways teachers and administrators implement literacy practices. This may include coaching for teachers and principals on how to effectively bring the science of reading into their classrooms, further training on best practices for the use of high-quality instructional materials that teach the science of reading, or even partnering with a local library or institution of higher education to promote the value of literacy to families, among many other potential uses.


Battelle and the Ohio STEM Learning Network (OSLN) recently announced 248 projects will receive $1.16 million in grants during the 2024-2025 school year, part of the fourth round of grants funded by Battelle. Over 69,000 students will be reached through this funding, with 197 public schools receiving the awards. That includes 144 school districts in 67 counties. Individual grants are up to $5,000. The announcement noted Battelle's leading philanthropic priority is for all students to develop skills needed to succeed in science, technology, engineering and math (STEM) fields. More information, including a list of recipients, is available at https://tinyurl.com/yk6cpxnz.


Ohio voters will see 143 school funding and construction issues on their ballots this fall, according to a database maintained by the Ohio School Boards Association. Summit County will see the greatest number of funding requests, with 11 funding issues across nine districts - Springfield Local has three issues by itself, two emergency levies and a construction bond issue.


Toledo City Schools redacted too much information when a former state lawmaker sought records related to the district's hiring of lawyers to challenge Ohio's new K-12 governance hierarchy, the Ohio Supreme Court ruled Thursday. Thursday's unsigned, per curiam opinion was joined in full by all members of the Supreme Court but Justice Patrick Fischer, who concurred only in part. Former Rep. Tom Brinkman Jr., a Cincinnati Republican, filed his lawsuit about a year ago, after Toledo cited attorney-client privilege to withhold requested records related to engaging with Ulmer & Berne of the Democracy Forward Foundation to challenge provisions of HB33 (Edwards) that stripped most powers from the State Board of Education. In January, the district offered to provide redacted versions of two letters to the district from those entities in exchange for Brinkman's dropping his lawsuit, but he declined.


ELECTIONS 2024


The campaign supporting the constitutional amendment to implement an independent redistricting commission in Ohio raised and spent approximately $11.2 million in the last reporting period before the general election on Tuesday, Nov. 5. Citizens Not Politicians now has $0 in cash on-hand, the pro-Issue 1 organization reported in its pre-general campaign finance report election. The pre-general report for Ohio Works -- one of the primary organizations opposing Issue 1 -- was not available on the Ohio Secretary of State's Office's website as of late Thursday, the deadline for campaigns to file pre-general election campaign finance reports.


U.S. Sen. Sherrod Brown (D-OH) reported $7.3 million in contributions over the reporting period, and $7.8 million in expenditures. Brown's campaign has $4.4 million in cash on-hand. The pre-general report for Republican U.S. Senate candidate Bernie Moreno was not available on the Federal Election Commission (FEC) website as of late Thursday.


While the Ohio Secretary of State's Office issued additional guidance to boards of elections after voting rights advocates raised concerns about a directive on voter IDs for recently naturalized citizens, the new guidance doesn't solve the problem, according to American Civil Liberties Union (ACLU) of Ohio Legal Director Freda Levenson. "In response to our recent letter, Secretary LaRose issued guidance supposedly to correct his flawed instructions regarding voter IDs for recently naturalized citizens. But his new guidance is also extremely problematic," Levenson said in a statement provided to Hannah News.


"His new instructions to poll workers require naturalized citizens to bring additional documentation to verify their citizenship and voter eligibility," she continued. "This requirement is contrary to law, but as a practical matter, unless and until the requirement is corrected, we urge naturalized citizens to bring their naturalization papers if they plan to cast a ballot in-person. Alternatively, voters can request an absentee ballot and vote by mail using their Social Security number or Ohio driver's license number. It's clear that Secretary LaRose did not heed our warning about the potential disenfranchisement of eligible Ohio voters. We hope to provide more updates soon." LaRose spokesperson Dan Lusheck told Hannah News that the "initial directive remains unchanged and was correct."


In an emergency civil contempt motion filed in the U.S. District Court for the Northern District of Ohio Thursday, the ACLU of Ohio said LaRose defied a federal court order from 2006 by issuing a revised version of Form 10-U, which is the document used by election officials to challenge voters at the polls. "Requiring naturalized citizens to bring additional documentation to verify their eligibility to vote is not only burdensome and discriminatory -- it's unlawful. After nearly 20 years of compliance with the federal injunction, Secretary LaRose suddenly decided to defy the injunction and impose an 11th-hour requirement forcing naturalized citizens to produce these papers," Levenson said. Attorneys with the ACLU of Ohio -- along with the Brennan Center for Justice and Subodh Chandra of the Chandra Law Firm -- are asking U.S. District Judge Christopher Boyko to enforce his original ruling and order LaRose to revoke his revised form and "return to the prior, longstanding one that complies with the 2006 ruling by allowing voters who are challenged on the basis of citizenship to vote a regular ballot if they affirm they are a U.S. citizen."


Later Thursday, LaRose announced that he filed a lawsuit in federal court "on behalf of the citizens of Ohio, demanding the Department of Homeland Security provide access to United States citizenship records, which they have unlawfully withheld." This follows action earlier this week where Ohio Attorney General Dave Yost secured indictments against six individuals -- five alive -- who allegedly voted illegally in past elections. According to the secretary of state's office, Thursday's lawsuit, "filed in federal court for the U.S. Southern District of Ohio, lays out evidence that the Biden-Harris administration, on at least four separate occasions, failed to provide Ohio access to federal citizenship verification records necessary to prevent noncitizens from voting. After refusing for months to directly answer Secretary LaRose's request for access to records beyond the Systematic Alien Verification and Entitlements (SAVE) database, the department sent a letter on [Thursday,] Oct. 10, 2024 formally denying Ohio's request. The additional records are essential to verifying the citizenship status of all Ohio voters, not just those for whom the secretary of state has identified an assigned immigration verification number."


Justice Joe Deters and the rest of the Ohio Supreme Court's Republican majority legislated from the bench when they decided a customer should expect "boneless" chicken wings to possibly contain bones, Justice Michael Donnelly said during a City Club of Cleveland forum. Donnelly wrote the dissenting opinion in Berkheimer v. REKM LLC, saying "sensible" people would expect "boneless" to mean "without bones." Deters wrote that "boneless wings" is a "cooking style," and is not a guarantee that bones would be absent. "That case got lots of laughs from late night comedians, but in actuality it is a very serious case because the gentleman involved in that case was severely injured ... he was seeking compensation for the medical bills he incurred," Donnelly said.


With three Ohio Supreme Court races on Ohio's general election ballot this year that will decide the court's majority, the Ohio Democratic Party brought in heavy reinforcements in the form of a former United States attorney general to Columbus on Thursday to inspire its organizers and volunteers to get out the vote. Eric Holder, formerly U.S. attorney general under President Barack Obama, spoke to an Ohio Democratic Party outpost just blocks from the Statehouse as the party ramps up efforts to knock on thousands of doors before Election Day in less than two weeks. "In Ohio, you all are a critical state. There are elections on the ballot in Ohio that are really going to shape the way in which people conduct their lives in this state," Holder told Democratic canvassers, while also endorsing U.S. Sen. Sherrod Brown (D-OH) in his race against challenger Bernis Moreno, as well as the passage of Issue 1 to create a new redistricting commission.


The following endorsements were made over the week:


  • Cleveland.com and the Plain Dealer endorsed a "yes" vote on Issue 1; Michael Donnelly, Melody Stewart and Lisa Forbes for Ohio Supreme Court; Emilia Sykes for Congress; Tristan Rader, Sean Brennan, Chris Glassburn, Bride Rose Sweeney, Mike Dovilla, Juanita Brent, Phil Robinson, Terrence Upchurch and Eric Synenberg for Ohio House; and Katie O'Neill and Tom Patton for Ohio Senate. The paper had previously endorsed U.S. Sen. Sherrod Brown for re-election and Independent Dennis Kucinich for Congress.

  • Former Ohio Attorney General, Auditor of State and state legislator Jim Petro, a Republican, endorsed U.S. Sen. Sherrod Brown (D-OH) for re-election.

  • Americans for Prosperity-Ohio opposes passage of State Issue 1, which would create a new Ohio Citizens Redistricting Commission.


EMPLOYMENT/UNEMPLOYMENT


In a month when Ohio's unemployment rate and labor force participation rate were both weaker than the nation's performance, Buckeye Institute Vice President of Policy Rea Hederman Jr. found a bright spot in the 9,500 new private-sector jobs that were created in the state in September. Observing that this growth erased the job loss seen in August, he did go on to sound a cautionary note: "Although private-sector job growth has continued throughout 2024, growth remains slow, with some down months slowing the overall upward trend. There is reason for policymakers to be cautious. Ohio's fiscal picture is not as rosy as it was two years ago, with slower economic growth reducing tax surpluses. Lawmakers must prepare for a tighter biennial budget and focus on protecting taxpayers and adopting policies that will attract employers and grow Ohio's economy." Specifically, according to the Ohio Department of Job and Family Service (ODJFS), the unemployment rate was 4.5 percent in September 2024, unchanged from 4.5 percent in August and greater than the national rate of 4.1 percent. Ohio's nonagricultural wage and salary employment increased 13,500 over the month, from a revised 5,662,100 in August to 5,675,600 in September.


ENERGY/UTILITIES


U.S. Sen. Sherrod Brown (D-OH) recently announced the U.S. Department of Energy (USDOE) will be partnering with Centrus Energy Corporation on production of High-Assay Low-Enriched Uranium (HALEU) at its centrifuge plant in Piketon, part of an effort to spur the buildout of a domestic supply chain of fuels for advanced nuclear reactors. Centrus and three other awardees will each receive a minimum of $2.5 million for the HALEU enrichment effort, and up to $2.7 billion may be awarded by USDOE across the four partnerships. Many advanced reactors will need HALEU fuel for smaller designs, longer operating cycles and increased efficiency compared to current technology. Brown's office noted as well that improving domestic supply chains will reinforce U.S. leadership in nuclear energy and strengthen national security by ending reliance on global suppliers, particularly Russia.


House Public Utilities Committee Chairman Dick Stein (R-Norwalk) and House Majority Floor Leader Bill Seitz (R-Cincinnati) offered fellow lawmakers some parting words Tuesday while sizing up federal, state and regional energy policy within PJM Interconnection and the Legislature's readiness to meet Ohio electric needs as the two depart the Statehouse at year's end. Seitz and Stein anchored the final session of the Ohio Chamber of Commerce's Capitol Square Energy Summit, "Lessons Learned from the General Assembly," where they warned legislators, stakeholders and regular Ohioans of a pending collapse of the electric grid without prompt action by policymakers and PJM, the 13-state regional transmission organization (RTO) encompassing Ohio.


The Oil and Gas Land Management Commission agreed with a proposal that land in Leesville Wildlife Area in Carroll County should be opened up for energy development, but deferred action on a proposal to open up more of Salt Fork State Park. According to the Ohio Department of Natural Resources (ODNR), the commission approved a nomination for oil and gas drilling to be allowed under about 62 acres of the wildlife area. Bidding will open for companies interested in drilling for oil and gas under the site in the next calendar quarter.


GENERAL ASSEMBLY/STATEHOUSE


All items on the Joint Committee on Agency Rule Review (JCARR) agenda cleared the committee Monday, with two witnesses giving abbreviated testimony supporting an attorney general's office rule on deceptive practices related to soliciting signatures. The rule came after Ohioans' names were used on letters during the Ohio Oil and Gas Land Management Commission (OGLMC) public comment process on oil and gas exploration in Ohio's state parks without their permission or knowledge.


GREAT LAKES


The Ohio Lake Erie Commission (OLEC) is celebrating unique perspectives of one of Ohio's favorite regions with a tour featuring the 2024 winners of its Life on Lake Erie Traveling Photo Contest. Winning photos featured in the exhibits highlight the moments, scenes, wildlife and events that embody the essence of Ohio's Great Lake, the commission notes. The photos can be seen on the OLEC website at https://tinyurl.com/3hr87x3t and will be on exhibit in the following locations: Riffe Gallery Lobby Exhibition - October-December 2024; Cleveland Boat Show - Jan. 16-19, 2025; Lake Erie Nature & Science Center, Bay Village - February-March 2025; Maumee Bay State Park Trautman Nature Center - April-May 2025; Lake Erie Shores & Islands Welcome Center - June-July 2025; Cleveland Metroparks Canalway - August-September 2025; and National Museum of the Great Lakes - September-December 2025.


HANNAH NEWS RACES TO WATCH


A first-term congressman in Cincinnati is seeking to fend off a former assistant prosecutor in the First Congressional District in a race that could help decide control of the U.S. House of Representatives in the next Congress. U.S. Rep. Greg Landsman (D-OH) is in the midst of his first term after unseating long-time U.S. Rep. Steve Chabot (RCincinnati) in 2022 after redistricting made the district more friendly for Democrats by incorporating the entirety of Cincinnati. Mapmakers, however, sought to blunt that Democratic advantage by drawing the city with Republican-heavy Warren County, making it a district that only slightly favors Democrats. Landsman faces Orlando Sonza, who had previously run unsuccessfully for the Ohio Senate. A former Hamilton County assistant prosecutor, West Point graduate and veteran, he currently serves as the executive director of the Hamilton County Veterans Service Commission.


Another key race in deciding whether Democrats or Republicans will control the U.S. House of Representatives in the next Congress is heating up down the home stretch along the shores of Lake Erie as the incumbent and longest-serving woman in the House, Rep. Marcy Kaptur (D-Toledo), is seeking her 22nd term against state Rep. Derek Merrin (R-Maumee) in Ohio's 9th Congressional District. On the economy, Merrin blames Kaptur and the Biden administration for a "tax-and-spend" agenda that is driving inflation and skyrocketing the national debt. Merrin also supports a constitutional amendment to require balancing the federal budget, reducing Northwest Ohio's tax burden and bringing American jobs back to America. Kaptur supports an economy that she says works for working people, including job training and technical skills programs. Kaptur also touts her previous votes against cuts and privatization of Social Security and Medicaid, and her campaign promises to work to expand Medicaid to cover dental care and hearing aids.


HEALTH AND HUMAN SERVICES


While a record number of Ohioans enrolled in health care coverage through the Affordable Care Act (ACA) health care marketplace, that was after over 600,000 Ohioans lost their Medicaid coverage following the end of COVID-19 era protections the year before. Such swings in the availability of health care raise questions about access to care statewide and Ohio's ability to create equitable access on the way to health equity. Health equity is the ability for everyone to achieve their optimal level of health, according to Angela Dawson, executive director of the Ohio Commission on Minority Health. Dawson hosted leaders from various sectors of Ohio's health system at a forum Wednesday at the Columbus Metropolitan Club (CMC) entitled, "Rx for Equity: Creating Access to Healthcare in Central Ohio."


Panelist Amy Rohling McGee, president of the Health Policy Institute of Ohio (HPIO), cited recent research by her organization showing Ohio ranks 44th among states in health value. HPIO rates health value as a comparison of a population's health overall against what that population spends on health care. McGee said Ohio is spending more than people in other states, and has worse outcomes.


HIGHER EDUCATION


Akron Children's Hospital and the University of Akron (UA) announced a new collaboration on Monday to draw new students to the nursing workforce. The Akron Children's Career Launch Program will offer accepted students fully prepaid tuition and fees for uniforms, books and supplies. Students will also receive wraparound support for child care, mileage and other barriers to further their education. The program will enroll 30 students per year for the next two years following a $1.5 million investment from Akron Children's and donations from the James H. Hower Career Launch Endowed Fund and the Key Bank Foundation. The program is accredited by the Ohio Department of Higher Education and the Ohio Board of Nursing, with approval pending from the Higher Learning Commission.


JUDICIAL


The Ohio Board of Professional Conduct released Advisory Opinion 2024-05 to emphasize that attorneys must "promptly" notify government agencies that inadvertently sent them public records if they know or reasonably should know the documents contain client information. "There is no ethical obligation for the lawyer to refrain from reviewing the inadvertently sent information, sharing the information with the lawyer's client, or communicating with the lawyer's client about the receipt of the information," the board states. Advisory Opinion 2024-05 replaces Advisory Opinion 1993-11.


Oral arguments on Tennessee's gender-affirming care ban for minors will be heard by the U.S. Supreme Court on Wednesday, Dec. 4, the Court has announced. U.S. v. Skrmetti was accepted for review by the Court following the U.S. Sixth Circuit Court of Appeals' decision to allow Tennessee's law to take effect.


Tennessee's law is similar to Ohio's HB68, which is also in effect. The 10th District Court of Appeals heard oral arguments in a case against that law in September, but still has not issued a decision. The U.S. Department of Justice (DOJ) is the petitioner in the Tennessee case, arguing that the law (SB1) violates the Equal Protection Clause of the 14th Amendment. "SB1 warrants heightened scrutiny twice over: It explicitly classifies based on sex and it discriminates based on transgender status. Indeed, one of its declared purposes is to enforce gender conformity and discourage adolescents from identifying as transgender. The Sixth Circuit erred in holding that such a law is subject to no greater scrutiny than mundane economic regulation," the DOJ says.


The Reading Recovery Council of North America's challenge to new literacy mandates in the state budget will not go to trial until early next year. Judge Karen Held Phipps recently adopted a new schedule, striking plans for a trial that would have started next week and instead scheduling the trial to start Tuesday, Feb. 18.


"Can I legally carry a firearm while I drink a beer at a bar?" The Supreme Court of Ohio will settle the question and the constitutionality of liquor permit restrictions in R.C. 2923.121 after Elijah Striblin walked into Lazy River Saloon with his girl and a loaded pistol and shot a man in the neck at 2 a.m. in the morning after downing five drinks. The state of Ohio counsels the Court by answering its own question: "Guns and alcohol do not mix." Striblin counters that no part of R.C. 2923.121 is lawful under the U.S. Constitution after Justice Clarence Thomas led Republicans on the U.S. Supreme Court in New York State Rifle and Pistol Association v. Bruen, Superintendent of New York State Police (2022) to rule 6-3 that "[t]he government must demonstrate that the [gun] regulation is consistent with this nation's historical tradition of firearm regulation" -- namely, "peaceable public carry" during the United States' founding era or colonial period.


LIBRARIES


The November ballot includes requests from 27 library systems seeking approval for a total of 28 local issues. More than half are renewal requests, according to data from the Ohio Library Council. Wornstaff Memorial Public Library in Delaware County has two issues on the ballot, one in Oxford Township, the other in the village of Ashley. Both are replacement levies at 2 mills, lasting five years apiece. Sixteen systems seek renewal of existing levies: Kingsville Public Library in Ashtabula County; Lane Public Library District in Butler County; Mechanicsburg Public Library in Champaign County; Forest-Jackson Public Library in Hancock County; Holgate Community Library in Henry County; London Public Library and Plain City Public Library in Madison County; the Public Library of Youngstown and Mahoning County; Rockford Carnegie Public Library in Mercer County; Milton-Union Public Library in Miami County; Kate Love Simpson Morgan County Library; Harris-Elmore Public Library in Ottawa County; Preble County District Library; Scioto County Library; Mohawk Community Library in Seneca County; and Williams County Public Library.


LIQUOR/ALCOHOL


The Ohio Liquor (OHLQ) public-private partnership's autumn bottle lottery, which provides state residents with a chance to buy liquor only made in a limited supply, closes on Monday, Oct. 28. Entry is conducted online, with winners being randomly selected and verified for eligibility. They will then be able to buy the rare spirit at an OHLQ store of their choosing. Entering is free, and the eligibility requirements include being a resident of legal drinking age with a state driver's license or identification card. Active duty and reserve military personnel stationed in Ohio on orders are also eligible but should contact OHLQ prior to entering. The lottery is not open to employees of the Ohio Division of Liquor Control or their families, employees of JobsOhio or companies in contract with the Ohio Division of Liquor Control's Agency Operations section and JobsOhio Beverage System, agency store owners and their employees/family members, or the product's broker and supplier.


LOBBYISTS


A memorial service for Brooke Cheney has been set for Friday, Nov. 1 at 4 p.m. at the Rose Run Presbyterian Church, 5220 Johnstown Rd., New Albany. Cheney, a long-time lobbyist on Capitol Square and founder of the Governmental Policy Group Inc., died Thursday, Oct. 17. He was 69. Donations to the Capitol Square Foundation in his memory are suggested.


Government relations firm The CJR Group announced Monday the addition of Michael Hall and Brittany Warner as partners. Before joining The CJR Group, Hall was a partner in Ice Miller LLP's Government Affairs and Regulatory Law Group. He also worked in Gov. Mike DeWine's administration, including as chief of staff from 2021-2023, and as a legislative assistant to DeWine in the U.S. Senate. Warner has worked at The CJR Group for the past six years, including serving as president. Prior to her position as communications director on the DeWine-Husted campaign, Warner had communication roles at the Ohio House of Representatives for then-Minority Leader Bill Batchelder in 2009; the Ohio Republican Party; and the Ohio Department of Medicaid.


MENTAL HEALTH


After years of using a combination of a mainframe and paper tools, the Ohio Department of Mental Health and Addiction Services (OhioMHAS) announced it has migrated hospital records to electronic health record (EHR) systems at the state's six regional psychiatric hospitals. The Epic Systems MyChart service will replace what OhioMHAS called a "dated" system of documenting patient information and communicating clinical and billing information. MyChart gives providers access to a patient's health history in a single, digital location. Patients discharged from any of the regional psychiatric hospitals will also have secure, anytime access to their records and the ability to view appointments, get test results and communicate with their care team.


NATURAL RESOURCES


Ohio's state parks are becoming more accessible to more visitors following the completion of upgrades at Van Buren State Park and the announcement of an inclusive playground forthcoming at Strouds Run State Park. New campsite hookups and a modern dump station at Van Buren State Park in Northwest Ohio were part of a $3.9 million project modeled on visitor feedback to the park. The park's campground was connected to the city of Findlay's municipal water supply in a project that also installed 11 new fire hydrants along Township Road 218 between the city and the campground, significantly improving fire safety in the area. ODNR also announced plans to install a new inclusive playground at Strouds Run State Park near Athens following a donation to the Ohio State Parks Foundation. The new playground will feature a variety of inclusive components, including sensory equipment and accessible swings at the north edge of the park's beach.


PENSIONS


The State Teachers Retirement System (STRS) and Ohio Public Employees Retirement System (OPERS) say they will hold over two dozen current and former executives and board members of Boeing airlines responsible for tanking the company's stock price through shoddy manufacturing practices that allegedly led to a pair of deadly passenger jet crashes in recent years and a near miss in January of this year. Filing the 226-page lawsuit on behalf of OPERS and STRS late Tuesday, Ohio Attorney General Dave Yost said 30 named Boeing officers and directors past and present are responsible for the airline's repeated failures and tanking stock price. "Boeing was once synonymous with safety and quality. It was known as a company of engineers who took pride in their designs, manufacturing and assembly work. In the late 1990s, that reputation started to change. Corporate financiers replaced the engineers at the highest levels of company management. A new CEO from outside Boeing intentionally shifted Boeing's focus from engineering to profit seeking," say STRS and OPERS, joined by the Oklahoma Firefighters Pension and Retirement System (OFPRS).


PEOPLE


Long-time Conservancy for Cuyahoga Valley National Park (CCVNP) President and CEO Deb Yandala has announced that she will be leaving her role in the first half of 2025. Yandala served as CEO since July 2002, and prior to that was the director of Cuyahoga Valley Environmental Education Center, according to CCVNP. CCVNP Board of Directors Chair Karyn Sullivan said, "Deb has been a gifted leader who has grown the organization from a staff of 24 to a staff of 100 and a budget of $1.2 million to $8 million. Under Deb's strategic vision and leadership, the conservancy has benefited from significant accomplishments, from the development of funds in support of trails to land acquisition and the funding, planning and construction of Boston Mill Visitor Center."


REDISTRICTING/REAPPORTIONMENT


The redistricting process proposed in the Citizens Not Politicians constitutional amendment is stronger than Michigan's policy and would improve Black representation in the General Assembly and Congress, members of the Ohio Legislative Black Caucus (OLBC) said Tuesday. "I've heard the opposition -- the scare tactics that Issue 1 will dilute Black representation. But let me be clear -- that is not the truth. It's misinformation. It's meant to divide us, to scare us, and to lead us to inaction. The truth couldn't be any more clear -- the current system is failing us," Rep. Dontavius Jarrells (D-Columbus) said during a Statehouse press conference.


STATE GOVERNMENT


Controlling Board members Monday quizzed representatives of the Department of Youth Services (DYS) and Department of Administrative Services (DAS) on why they opted for a higher appraisal and sale price for land for a new juvenile facility in Cuyahoga County, and how its design would address problems in the youth detention system. DYS sought and received the board's approval to spend $4.85 million to buy a 37-acre site in Bedford for two new, 36-bed centers as part of its plans to replace the Cuyahoga Hills Juvenile Correctional Facility in Highland Hills. The measure was approved although two board members objected -- Rep. Jay Edwards (R-Nelsonville) and Sen. Shane Wilkin (R-Hillsboro). Controlling Board members did not formally object to any other requests Monday, but did hold a few others for questioning.


TECHNOLOGY/AEROSPACE


The Ohio Third Frontier announced Tuesday it had approved almost $6.5 million in grants to support research and commercialization of medical, military and scientific technology as part of the Technology Validation and Start-up Fund (TVSF). The grants support Ohio companies that seek to license institution-owned technology so it can go to the marketplace faster. These awards focus on technology and tech-enabled products in advanced manufacturing; advanced materials; biomedical and life sciences; energy; sensors; and software and information technology.


TRANSPORTATION/INFRASTRUCTURE


The Ohio Turnpike's new toll collection system is performing relatively well, Director Ferzan Ahmed told the Ohio Turnpike and Infrastructure Commission (OTIC) on Monday. "We went live on April 30, 2024. From then to Sept. 30, which is almost six months, more than 30 million trips have been completed," Ahmed said. "Approximately 70 percent of our customers are E-ZPass users, and 30 percent use cash or credit cards for payment." Ahmed said 97.2 percent of customers successfully completed their trips with an E-ZPass or another payment method without issue, while 2.8 percent of customers received or will receive an invoice due to an unpaid trip.


The state is spending $63 million on 19 road safety projects in 14 counties, Gov. Mike DeWine and Ohio Department of Transportation (ODOT) Director Pamela Boratyn announced Wednesday. Funding from ODOT's Highway Safety Improvement Program will support the projects, including the construction of a dozen roundabouts and the installation of several cable barriers. "We're always looking at how we can make our transportation system safer," DeWine said. "Every project we do has an element of safety built in, but these projects were specifically selected and funded because we know they will save lives and reduce the chance of a serious crash," Boratyn said.

 

 




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



 



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