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Writer's pictureFrank M. Strigari

Week in Review February 26, 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.


AGING


For many Ohioans, the life-changing decision to decide what nursing home is the best for themselves, a family member, or close friend is a difficult one. Director Ursel J. McElroy of the Ohio Department of Aging (ODA) and Gov. Mike DeWine hope that a new online tool, called the Nursing Home Quality Navigator, will help families compare different nursing homes to make this decision easier. With this Nursing Home Quality Navigator, people can see the scores of different nursing homes, based on aspects like how well staffed a nursing home is, how well a nursing home does in helping residents avoid contracting preventable infections, whether a nursing home provides specialty care, or how many health and safety violations a nursing home might have. Users can also enter their home address to see the nursing homes that are closest to their location. Ohioans can access the Nursing Home Quality Navigator at http://tinyurl.com/58h9wndz.


AGRICULTURE


Ohio State Fair officials announced two more concerts: country band Alabama with special guest Jade Eagleson will play on Thursday, July 25 at 7 p.m. Tickets cost $75 or $65. In addition, funk band Ohio Players and synth-funk group Midnight Star will perform on Friday, Aug. 2 at 7:30 p.m. Tickets cost $33 or $23. Each concert ticket purchased in advance includes admission to the Ohio State Fair. All concerts take place in the indoor, air-conditioned WCOL Celeste Center. Tickets are now available for purchase at www.ticketmaster.com/OhioStateFair.


ATTORNEY GENERAL


Attorney General Dave Yost announced Tuesday that another quarter million dollars from Family Dollar's state settlement will go to foodbanks and pantries throughout Ohio following Dollar General's $750,000 forfeiture to emergency food agencies last fall. Yost says county auditors discovered Family Dollar, similar to Dollar General, was charging customers more than the labeled price for certain items. "Our county auditors play a vital role in making sure that retailers operating in Ohio have fair and honest pricing," Yost said in a statement. "That's why we're partnering with the auditors and channeling settlement dollars back into our communities."


Yost Wednesday unveiled recommendations from his task force on the future of law enforcement training, which seek to offer a greater focus on communication as a core part of the job and include use of force standards in addition to marksmanship for firearms training. Yost said there will need to be legislation passed by the end of the year as part of this effort. The task force was convened in September and led by Ohio Peace Officer Training Academy (OPOTA) Executive Director Thomas Quinlan. He said they represent a shift from the idea of "law enforcement" to "police services" as officers and deputies do more than just enforce laws.


EAST PALESTINE DERAILMENT


Speaking in East Palestine Friday, President Joe Biden pledged the federal government would continue providing aid as long as needed and hold Norfolk Southern accountable for the train derailment over a year ago. The village is not defined by the derailment, Biden said, but by courage and resilience that has been shown as a result. "We're not going home, no matter what, until this job is done -- and it's not done yet," Biden said. If there are ways the company cannot make the village whole, he added, the federal government will do so.


ECONOMIC DEVELOPMENT/URBAN REVITALIZATION


The Ohio Department of Development (DOD) announced Friday it is now accepting site proposals as part of the All Ohio Future Fund, which seeks to help attract economic development projects by increasing the number of project-ready sites. The DeWine administration and DOD said $750 million is available in the fund, which communities can use toward associated infrastructure costs. Eligible costs include public roadwork, water and wastewater infrastructure, design and engineering, demolition, wetland mitigation, utility gap funding and other one-time site enhancements. Funding will primarily come in the form of zero percent interest, partially forgivable loans. Awardees will be expected to find site occupants within five years. Applicants can include counties, cities, villages, townships, port authorities, community improvement corporations, transportation improvement districts, land banks, nonprofit organizations, and for-profit organizations willing to develop project-ready sites. Applicants can submit their proposals via email to AOFF@development.ohio.gov and they will be received and awarded on a rolling basis until funds are depleted.


DOD is currently focused on implementing its programs created and supported in the operating budget, Director Lydia Mihalik told Hannah News recently, saying they will "help better position Ohio for the future." Those programs and others will invest over $1 billion in projects throughout the state, helping "transform" Ohio further and attracting more businesses, Mihalik continued. Businesses currently in the state will be able to expand as well. Three of the six programs discussed are currently taking applications: the Brownfield Remediation Program, Innovation Hubs and Welcome Home Ohio.


DOD Director Mihalik recently downplayed the delay in Intel's Central Ohio project, telling Hannah News that "it's not unusual for us to see slight delays" in a project "of that magnitude." "We fully anticipate that Intel will continue to meet their commitments to us, which were that they would have everything up and running and their jobs created by 2028. We're excited about what the potential is for that particular project and we're already seeing the fruits of that investment," she continued.


DOD announced Wednesday its Community Development Financial Institution Loan Participation Program (CDFI LPP) has recently provided 81 Ohio businesses with a total of $3.3 million in funding, intended to help build "economic strength." The program is part of the federal State Small Business Credit Initiative (SSBCI) program, supporting socially and economically disadvantaged individuals, very small businesses, and businesses located in CDFI tracts. The loans can be as high as $1 million and are available for buildings, machinery and equipment. They can also be used to support working capital needs, such as inventory or payroll.


EDUCATION


Judge Timothy Tepe of Warren County Common Pleas Court issued a temporary restraining order Thursday to block the Ohio Department of Education and Workforce (DEW) from enforcing corrective action plans the agency issued after an investigation of alleged special education violations at the Warren County Educational Service Center (ESC). DEW also faces an administrative complaint on the matter from Disability Rights Ohio (DRO), which alleges the department scaled back the corrective actions under pressure from Warren County officials. The Warren County ESC, however, argued in the lawsuit filed earlier this week that DEW had no authority to accept the systemic complaint from DRO, and that the alleged special education violations resulted from parents' choices to place their students in an ESC program that focused mostly on mental health services, designed for those with the most serious needs, including students who'd attempted to hurt themselves or others.


ELECTIONS


Backers of a bill that would ban foreign contributions to Ohio issue campaigns pointed to the actions of a Swiss billionaire largely as the reason the ban needs to be adopted in the state. Sponsor testimony on SB215 (Gavarone-McColley) was given Wednesday by Sens. Theresa Gavarone (R-Bowling Green) and Robert McColley (R-Napoleon). Gavarone said Ohio and federal law both already prohibit foreign interests from participating in candidate races.


ELECTIONS 2024


Early voting for the Tuesday, March 19 primary election is now underway, having begun Wednesday. Mail-in absentee ballots also began going out to voters who have requested them. Early, in person voting hours are as follows:


  • Monday, Feb. 26 through Friday, March 1, 8 a.m. to 5 p.m.

  • Monday, March 4 through Friday March 8, 8 a.m. to 5 p.m.

  • Saturday, March 9, 8 a.m. to 4 p.m.

  • Monday, March 11, 7:30 a.m. to 7:30 p.m.

  • Tuesday, March 12, 7:30 a.m. to 8:30 p.m.

  • Wednesday, March 13 through Friday, March 15, 7:30 a.m. to 7:30 p.m.

  • Saturday, March 16, 8 a.m. to 4 p.m.

  • Sunday, March 17, 1-5 p.m.

  • Monday, March 18 - No early voting hours.

Voters will need to have a government-issued photo identification when voting in person. Those IDs include an Ohio driver's license; a State of Ohio ID card; Interim ID form issued by the Ohio BMV; a U.S. passport; U.S. passport card; a U.S. military ID card; Ohio National Guard ID card; or a U.S. Department of Veterans Affairs ID card. All photo IDs must have an expiration date that has not passed.


As Bernie Moreno has been gaining endorsements in the Republican primary race to challenge Sen. Sherrod Brown (D-OH) in November's general election, his opponents in the race got the chance Monday night to make their own case for the nomination in the second debate of three before the primary election in March. Among the topics covered were immigration, the economy and the minimum wage. Moreno concluded by painting himself as an outsider as opposed to "career politicians" Sen. Matt Dolan (R-Chagrin Falls) and Ohio Secretary of State Frank LaRose. And LaRose tried to frame his opponents as "corporate elites," whereas he was the one among them to bring conservative values to the country. Following the debate each candidate's campaign claimed victory on the evening.


Tuesday was the deadline for legislative candidates running in 2024 to file their financial disclosure statements (FDS) with the Joint Legislative Ethics Committee (JLEC). According to JLEC, "Current members and designated employees of the Ohio General Assembly, former members and designated employees who served at any point in 2023, and designated employees of the state's legislative agencies file a FDS with JLEC. Candidates seeking election to the Ohio House or Ohio Senate in 2024 must file a calendar year 2023 FDS no later than 30 days prior to the first election at which their name will appear on the ballot." The disclosure statement requires filers to disclose information regarding their personal finances and fiduciary relationships for the previous year. Financial disclosure statements assist members, employees, and the public to identify and avoid potential conflicts of interest.


Innovation Ohio announced that it has relaunched it's Ohio Voter Guide ahead of the Tuesday, March 19 primary. The group said the guide, located at www.OhioVoterGuide.org, "is a one-stop platform that provides you with the necessary voting information on the candidates and issues on your ballot." The guide lets users look up what is on their ballot, register to vote, and sign up for reminders about upcoming elections.


The following endorsements were made over the week:


  • The NFIB Ohio PAC endorsed George Lang and Kyle Koehler for Ohio Senate; and Brian Stewart, Adam Mathews, Jon Cross, and Don Jones for Ohio House.

  • The congressional campaign of Republican Phil Heimlich announced the endorsement of former U.S. Rep. Adam Kinzinger (R-IL).

  • The U.S. Senate campaign of Republican Bernie Moreno announced the endorsement of U.S. Sen. Eric Schmitt (R-MO).

  • Americans for Prosperity-Ohio endorsed George Lang, Kyle Koehler, and Sandra O'Brien for Ohio Senate; and Kevin Ritter for Ohio House.

  • The congressional campaign of Republican Rep. Reggie Stoltzfus (Minerva) announced the endorsement of former Ohio Secretary of State Ken Blackwell.

  • Sen. Theresa Gavarone (R-Bowling Green) endorsed Sally Culling for the Ohio House.

ENERGY/UTILITIES


American Electric Power (AEP) of Ohio says the Public Utilities Commission of Ohio (PUCO) is trying to have it both ways by "slyly" requiring energy resellers to match the standard service offer (SSO) and disconnection safeguards of regulated entities while denying submeterers are "public utilities" and/or "electric light companies" under R.C. 4905.03(C). AEP has joined the Office of Ohio Consumers' Counsel (OCC) in appealing commissioners' unanimous September 2023 decision for submetering company Nationwide Energy Partners (NEP) to the Ohio Supreme Court.


The PUCO lifted the 18-month stay of its four investigations into FirstEnergy operations and their possible link to the 133-HB6 (Callender-Wilkin) bribery scandal Wednesday, ending an increasingly contentious debate with OCC. Commissioners first granted the U.S. Department of Justice's (DOJ) requested stay of PUCO investigations into FirstEnergy political spending, corporate separation and customer charges in August 2022 to allow DOJ's case against the utility and former PUCO Chairman Sam Randazzo to proceed without interference. They re-upped the stay in February and August 2023 at the U.S. Attorney's request, prompting OCC to accuse commissioners of allowing FirstEnergy to pursue a $1.4 billion rate hike while conducting "business as usual" and PUCO to accuse the consumers' counsel of working to "supplant" federal investigators.


FEDERAL


Attorney General Dave Yost this week helped to author a letter to Congress from a bipartisan coalition of 39 attorneys general including himself urging federal lawmakers to "engage in meaningful debate and reform of the current practices of pharmacy benefit managers (PBMs)." The letter to the leaders of the U.S. House and Senate was authored by Yost, North Carolina Attorney General Josh Stein, Pennsylvania Attorney General Michelle Henry, and Arkansas Attorney General Tim Griffin. It demands Congress take "decisive action" to reform the way PBMs conduct business and bring more transparency to the public. The letter argues that while PBMs had an original purpose to protect and negotiate on behalf of employers and consumers after pharmaceutical manufacturers were criticized for overpricing medications, "in recent years, the PBMs have only made the pharmaceutical market more opaque and have been a cause of rising drug prices."


GAMING/GAMBLING


While there were some difficulties with the industry leading up to the universal start date and shortly thereafter, Ohio Casino Control Commission (OCCC) Director Matt Schuler says he's mostly satisfied with how the first year of legal sports gambling played out. "I would say it went smoother than I would have anticipated. I think all of the sports gaming operators are trying to do their level best -- in most cases -- to operate within the boundaries the General Assembly set. So, I think that's a good thing," Schuler said during an interview with Hannah News. Regulation of the industry has gone smoothly -- at least in part -- because the commission immediately cracked down on illegal advertising and promotions from several sportsbooks, Schuler said.


One in five Ohioans are now problem or at-risk gamblers, comprising over 1.8 million individuals, with the onset of sports betting pushing up call center traffic at the Ohio Department of Mental Health and Addiction Services (OhioMHAS) by 55 percent in one year, the DeWine administration reported Friday. OhioMHAS Director LeeAnne Cornyn, OCCC Director Matt Schuler and Michelle Gillcrist, director of the Ohio Lottery Commission (OLC), anchored a "State of the State" panel at the Ohio Problem Gambling Conference, which included sessions on "Treating Sports Betting in Clinical Practice," "Addicted to Numbing Mental Illness," "Gambling Disorder Treatment and Taxes" and more.


Online casino games could generate significantly more tax revenue for Ohio than sports gambling, according to the Sports Betting Alliance (SBA), which includes FanDuel, DraftKings, BetMGM and Fanatics. "In 2023, in the five states that offer both mobile sports betting and iGaming ... mobile sports betting generated $300 million in tax revenue across the five states, compared to $1.2 billion in tax revenue generated by iGaming," SBA representative Michelle MacGregor told the Study Commission on the Future of Gaming in Ohio during the budget-created panel's first meeting on Tuesday. MacGregor said Ohio could generate between $205 million and $410 million per year in new tax revenue from iGaming, depending on how much the state chooses to tax the operators. Rep. Jay Edwards (R-Nelsonville), co-chair, emphasized that the goal of the commission is to gather information and that there is no plan to move quickly on an iGaming bill or anything similar.


Former University of Alabama baseball coach Brad Bohannon is officially prohibited from gambling on sports in Ohio. OCCC on Wednesday unanimously voted to place Bohannon on the Sports Gaming Involuntary Exclusion List. Bohannon is the first individual to be placed on that list, OCCC spokesperson Jessica Franks told Hannah News. Bohannon did not request a hearing on the matter, she said. While he was the head baseball coach at Alabama, Bohannon shared non-public information to one or more individuals for the purpose of sports gambling, according to OCCC.


GENERAL ASSEMBLY/STATEHOUSE


Senate President Matt Huffman (R-Lima) says he won't be able to regain his constitutional legislative privilege once compelled to answer written questions in voucher litigation, arguing in an appellate filing that the trial court that permitted the questioning left too much ambiguity in its order. School districts who've sued Ohio over the constitutionality of the EdChoice program sought to depose Huffman, a voucher supporter who shepherded through program expansions. Huffman asked Franklin County Common Pleas Judge Jaiza Page to quash the subpoena seeking his deposition. Page granted him a partial victory, agreeing he was protected from deposition by the legislative privilege established in the Ohio Constitution, but saying litigants could pose written questions to him about "off the record" communications about the passage of 134-HB110 (Oelslager), the FY22-23 biennial budget bill. Huffman appealed Page's decision to the 10th District Court of Appeals, but the school districts quickly followed up with a motion to dismiss his appeal, arguing Page's order is not appealable and that Huffman can't claim violations of privilege before he's even seen the written questions.


Democratic leaders from both the Ohio House and Senate sent a letter Thursday to U.S. Attorney for the Southern District of Ohio Kenneth Parker urging an investigation into the involvement of Gov. Mike DeWine, Lt. Gov. Jon Husted and others implicated in the HB6 scandal. Citing the continued costs for Ohio's utility consumers since the enactment of 133-HB6 (Callender-Wilkin), the letter to Parker from Senate Minority Leader Nickie Antonio (D-Lakewood) and House Minority Leader Alllison Russo (D-Upper Arlington) said Attorney General Dave Yost's office cannot detach itself enough from the political realities of Ohio's control of state government by those who would be investigated, including DeWine and Husted.


GOVERNOR


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


  • Timothy L. Hoffner, who was scheduled to be executed on June 18, 2024.The new date of execution has been moved to July 14, 2027.

  • John David Stumpf, who was scheduled to be executed on Aug. 13, 2024.The new date of execution has been moved to Aug. 18, 2027.

According to his office, "DeWine is issuing these 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."


GUNS


Steven Dettelbach, director of the federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Friday appeared at the City Club of Cleveland to discuss the agency's efforts to combat gun crimes in the U.S. Dettelbach noted his visit came on the heels of another mass shooting on Wednesday in Kansas City, MO where 22 people were injured and one woman was killed following a shooting at the city's Super Bowl victory parade. "The amount and intensity of violent crime, and specifically gun crime, in this country is wholly unacceptable," said Dettelbach, who has been director for about a year and a half.


HANNAH NEWS RACES TO WATCH


Two Republican candidates are challenging for the nomination for the 10th Senate District seat being vacated by term-limited Sen. Bob Hackett (R-London). Former state Rep. Kyle Koehler is seeking a return to the Statehouse against Sugarcreek Twp. Trustee Carolyn Destefani. Koehler served as a state representative from the 79th House District from 2014-2022, during which time he chaired the House Agriculture and Rural Development Committee. During his four terms in the Ohio House, Koehler sponsored bills that were enacted that reformed both payday lending and Ohio's gun law concerning an individual's "duty to retreat," among others. While Destefani doesn't bring a background in state elected office, she has served as a township trustee since 2016 and is currently director of federal programs for defense industry and state-level IT consulting firm Flairsoft Federal.


Now that state Rep. Dave Dobos (R-Columbus) has bowed out of his re-election bid, two Democrats and two Republicans will face off in the March primary for one of the most competitive seats in the Ohio House. Located in Central Ohio, House District 10 includes Grove City, German Village, west Columbus, and Urbancrest. Politically, the district is a toss-up. It has a Democratic index of 50.58 percent and a Republican Index of 49.42 percent, according to data from the Ohio Redistricting Commission. Remaining in the race are Republicans Brian Garvine and Shafi Shafat and Democrats Sarah Pomeroy and Mark Sigrist.


In the 32nd Senate District, incumbent Sen. Sandra O'Brien (R-Rome) is facing Rep. Mike Loychik (R-Cortland) in the Republican primary for the right to face Democrat Michael Shrodek in the general election. He is running unopposed in his party's primary. Loychik is one of 22 Republicans who voted with Democrats at the beginning of 2023 to install Rep. Jason Stephens (R-Kitts Hill) as speaker of the House over Rep. Derek Merrin (R-Maumee).


New Franklin Councilman John K. "Jack" Daniels would appear to have an advantage over GOP primary challenger Mary Stormer for the House District 32 seat vacated by former Rep. Bob Young (R-North Canton), who resigned effective Oct. 2, 2023, amid domestic violence charges. Daniels at the time was recommended as Young's replacement by the Summit County Republican Party. Daniels and Stormer, an Akron Municipal Court accounts supervisor and former Akron School Board member, had both applied along with a third candidate for the endorsement. However, the seat remains vacant as House Speaker Stephens, who said at the time he thought "a lot of" the county endorsement, opted instead to leave it open, pending the outcome of the March primary.


A three-term incumbent is facing a challenge from a business owner who is no stranger to the Statehouse in the Republican primary race in the 86th House District. Rep. Tracy Richardson (R-Marysville) is seeking her fourth term against small business owner Wezlynn Davis, who has provided testimony to House and Senate committees multiple times. Richardson is one of the "Blue 22" Republican members of the House who joined with House Democrats to elect Rep. Stephens speaker over Rep. Merrin. Following that vote, Richardson and the other 21 Republicans were censured by the Ohio Republican Party, and the party chose not to endorse Richardson in March's primary race, though Richardson does count endorsements in the race from U.S. Sen. J.D. Vance (R-OH), the Fraternal Order of Police of Ohio, Ohio Right to Life PAC and Ohio Chamber of Commerce PAC. Davis has attacked Richardson on social media for voting for Stephens. She has also said that Richardson was the "hand-picked" candidate for her seat originally by currently imprisoned former Speaker Larry Householder, and that Householder is responsible for "bankrolling" Richardson's campaign.


Two veterans are vying for the Republican nomination for the House seat in Ohio's 12th District, a largely rural district directly southwest of greater Columbus, as incumbent Rep. Brian Stewart (R-Ashville) is facing a challenge from Patricia (Patty) Hamilton. Stewart was originally elected as representative in 2020 from what was then the 78th House District, after earning a law degree from Ohio State University following a tour of duty in Iraq. In 2023, he was named a "Defender of Limited Government" by the Institute of Legislative Analysis, a nationwide limited government think tank that ranks lawmakers at the state level. Stewart's current House committee assignments include behavioral health, civil justice, constitutional resolutions and public health policy, on which he serves as vice chair. Hamilton describes herself as "currently a landlord of 10 high quality rental homes" with her husband. She previously had 30 years of service in the Army Reserve, with combat tours in both Iraq and Afghanistan. Hamilton is also treasurer and corresponding secretary of the Soldier's Monumental Association, as well as a member of the Pickaway County Agricultural Society, National Rifle Association, Ohio Farm Bureau, and America First Now group.


HEALTH AND HUMAN SERVICES


Ohio Department of Health (ODH) Director Dr. Bruce Vanderhoff gave reporters a wide-ranging update on health concerns Thursday, including that COVID-19 and RSV cases have declined but flu levels are "very high" in the state. He also discussed the importance of other vaccines, a rise in syphilis cases and how e -cigarettes and vaping can still affect the lungs. Vanderhoff also told reporters lung health cannot be taken for granted. He referred the public to a range of resources on these topics, including the following:


The Ohio State University (OSU) Wexner Medical Center received a $50 million commitment from the Robert F. Wolfe and Edgar T. Wolfe Foundation to support the center's new inpatient tower, set to open in 2026. Gov. Mike DeWine joined Ohio State President Walter "Ted" Carter Jr. and other senior officials Monday to announce the donation, which is among the largest gifts ever made to the medical center. In recognition of the award, the inpatient tower will have two named spaces: the John F. Wolfe Lobby and the Wolfe Foundation Crossroads, pending approval by the university's board of trustees.


HIGHER EDUCATION


The Eastern Gateway Community College (EGCC) Board of Trustees Wednesday approved resolutions to pause registration and enrollment for terms beyond the spring 2024 semester and to cut about 40 staff positions amid ongoing financial difficulties. Board of Trustees Chair James Gasior asked the board to approve the resolution to pause registration and enrollment "in light of our financial condition" and amid concerns the school may be unable to continue with students' education. The pause will give the college a chance to "evaluate options," the resolution states. The reduction in staff was also approved as part of the school's "recovery plan." The reduction was estimated to save EGCC up to $2 million annually.


The Biden administration announced Wednesday that it will automatically discharge $1.2 billion in loans for nearly 153,000 borrowers under the Saving on a Valuable Education (SAVE) Plan. U.S. Secretary of Education Miguel Cardona said, "Under President Biden's leadership, our administration has now approved loan forgiveness for nearly 3.9 million borrowers, and our historic fight to cancel student debt isn't over yet." For a borrower to be eligible for this forgiveness they must be enrolled in the SAVE Plan, have been making at least 10 years of payments, and have originally taken out $12,000 or less for college. For every $1,000 borrowed above $12,000, a borrower can receive forgiveness after an additional year of payments. All borrowers on SAVE receive forgiveness after 20 or 25 years, depending on whether they have loans for graduate school. The benefit is based upon the original principal balance of all federal loans borrowed to attend school, not what a borrower currently owes or the amount of an individual loan.


HOUSING/HOMELESSNESS


The Ohio Housing Finance Agency (OHFA) released a free, downloadable social media tool kit for real estate professionals and mortgage lenders to market themselves while also promoting OHFA's homebuyer and down payment assistance programs. The tool kit consists of social media posts, videos, and graphics/images for all of OHFA's homebuyer programs, including Your Choice! Down Payment Assistance, Ohio Heroes, Grants for Grads, Mortgage Tax Credit, and Next Home. Real estate agents and mortgage lenders can download the kit by visiting www.ohiohome.org/partners/toolkit.aspx.


JUDICIAL


Former Marion County Judge Jason Warner is out of prison and back on the street after leaving the scene of an accident requiring a seriously injured teen to be extracted with the "jaws of life." Warner will not return to the practice of law anytime soon, however, as a unanimous Ohio Supreme Court handed him an indefinite bar suspension with no credit for time served.


The Board of Professional Conduct's first two advisory opinions of the year further define lawyers' professional and ethical boundaries in the representation of clients. Opinion 2024-01 notes in-house counsel to a corporation may wish to offer services directly to its customers as a separate area of the lawyer's practice. The ethical test, says the board, is whether an attorney providing internal counsel can exercise the "requisite independent professional judgment" in also providing external counsel to parties who effectively become mutual consumers of the company and lawyer's services. Opinion 2024-02 further emphasizes that a minor's guardian ad litem/lawyer would be on no better footing in trying to communicate with another represented party indirectly through a social worker or similarly situation person.


The Ohio Supreme Court is considering multiple cases that could determine precisely when new limits on school district property valuation challenges took effect. Lawmakers blunted the ability of schools to challenge valuations in 134-HB126 (Merrin), limiting them to properties sold within a certain timeframe and exceeding certain sale price thresholds, among other restrictions. The bill took effect July 21, 2022, but justices are now considering the question of how the new law applies to board of revision complaints already in the pipeline at that point.


JUVENILE JUSTICE


A veteran administrator of juvenile community corrections facilities (CCF) seconded the Ohio Department of Youth Services' (DYS) testimony that sufficient, properly trained staff is the top need in youth rehabilitation. Executive Director Travis Stillion of the North Central Ohio Rehabilitation Center (NCORC) in Marion addressed Tuesday's meeting of Gov. Mike DeWine's Juvenile Justice Working Group at the Circleville Juvenile Correctional Facility, which is a DYS program rather than a CCF. He covered the geographic breakdown of Ohio's 11 juvenile CCFs, which provide 329 beds to 62 counties that formally participate in the program. Five facilities offer sex offender programs, and three serve both males and females. Stillion, head of NCORC since 2008, said CCFs are funded by DYS and governed by O.A.C. 5139.36 and accept the same first- to fifth-degree "felony delinquents" as the department's youth detention centers.


MEDICAID/MEDICAID REFORM


Ohio Supreme Court justices are hoping mediation can resolve a dispute between nursing homes and the Ohio Department of Medicaid (ODM) over how much the state should pay facilities for meeting quality benchmarks. LeadingAge Ohio, the Ohio Health Care Association and the Academy of Senior Health Services, three trade groups for nursing homes, sued ODM this month, saying the department failed to follow "unambiguous directives" laid out in budget bill HB33 (Edwards) over quality incentive payments. The trade groups argue ODM is wrongly conflating two terms in the budget bill: the "rate for direct care costs" at a nursing facility, and the "price" for a facility's peer group.


NATURAL RESOURCES


The new Buckeye Tree Nursery will cultivate seedlings at an old state growing site shuttered two decades ago and belatedly fulfill one of Gov. Mike DeWine's budget priorities. DeWine's office said Monday he traveled to Zanesville to plant seeds in the greenhouse of the new nursery, first proposed in the executive version of biennial budget measure HB33 (Edwards) and subsequently authorized in HB101 (Bird), the recently signed budget cleanup package. The administration cited increased demand for seedlings as a result of the H2Ohio water-quality initiative and state and federal mine land restoration programs. Under HB101, lawmakers provided $1.6 million in FY24 and $1.25 million in FY25 for the nursery.

Fourteen communities will receive $6.2 million from the Clean Ohio Trail Fund, distributed by the Ohio Department of Natural Resources (ODNR). The money from the Clean Ohio Trail Fund can go toward a variety of trail project elements including land acquisition, construction, engineering and design.


ODNR and Ohio Sea Grant announced registration is open for the eighth Annual Ohio Clean Marina Conference. This conference, set for Thursday, Feb. 29 at the Maumee Bay Resort and Conference Center, is an opportunity for marina owners and operators to hear from experts on environmental topics involving Ohio's waterways. Speakers will cover harmful algal blooms, carbon monoxide safety, waste reduction, grant writing and more, ODNR said. Registration is $55 and includes lunch, and morning and afternoon refreshments. The event is open to all Ohio marina owners and operators, staff, and the Ohio Clean Marinas Program Partners.


Ten organizations will receive up to $30,000 each to strengthen or enhance local boating education programs for youth and adult residents. The grants, awarded by ODNR, total about $250,583. "Safety on the water is at the heart of ODNR's mission," ODNR Director Mary Mertz said. "These grants are an investment into our local communities, fostering a culture of responsible boating. These programs will provide people of all ages the skills needed for a lifetime of safe and enjoyable experiences on the water." Boating education grants support the local purchase of safety equipment, such as kayaks, life jackets and trailers.


The Ohio Environmental Council (OEC) and Earthjustice Tuesday requested an emergency order as part of a suit appealing the ODNR Oil and Gas Land Management Commission's (OGLMC) Nov. 15 decision to allow fracking in Salt Fork State Park, Zepernick Wildlife Area and Valley Run Wildlife Area. The OEC and Earthjustice said additional action scheduled for the OGLMC meeting on Monday, Feb. 26 would accelerate the bidding process for oil and gas development at the state lands when there was no statutory obligation to do so. They also said OGLMC previously started the bidding process nearly three months sooner than required by law.


PENSIONS


Outside attorneys hired to investigate anonymous allegations against State Teachers Retirement System (STRS) Executive Director William Neville found them to be "largely without merit" and possibly based on hearsay, according to a summary of the probe presented to the STRS board. The summary letter does remark on Neville's temper and habit of recounting college romances, but states investigators could not corroborate accusations that he threw furniture, sexually harassed employees or disfavored women in decision-making. Neville has been on administrative leave for months following the allegations of misconduct. The STRS board decided to extend Neville's leave through mid-May and assign him "professional development."


POLITICS


U.S. Sen. Joe Manchin (D-WV) told a Columbus Metropolitan Club (CMC) forum on Thursday, Feb. 15 that he's only working to find ways to bring America's political parties back to the middle and that he's not running for anything right now. Manchin, who is not running for re-election to his seat, has formed a political PAC -- Americans Together, a 501(c)(4) -- and has been conducting a listening tour. On stops in Columbus and Cleveland to speak to CMC and the City Club of Cleveland, he detailed what he sees as the dysfunction in Washington and discussed his political future. Of Washington, D.C.'s dysfunction, he said that before, Congress was paralyzed. Now it is broken.


PUBLIC SAFETY


The 2024 Inaugural Ohio Emergency Medical Services (EMS) for Children Conference will be held Friday, March 1 at Nationwide Children's Hospital Conference Center in Columbus, OH. The keynote speaker, Dr. Joseph Wright, chief health equity officer for the American Academy of Pediatrics, will discuss how health equity and disparities affect pediatric emergency care. Other subject matter experts will explore how best to provide high-quality emergency care for children. More information about the event and registration is available at http://tinyurl.com/mvaskhdm .


The Ohio Department of Commerce's Division of State Fire Marshal held a ribbon cutting for its new Search and Rescue Training House in Reynoldsburg, saying it provides first responders with "a safe and dynamic training environment that prepares them for real-life scenarios they may encounter in the field." The house has two stories and is approximately 1,500 square feet, with removable systems specifically designed for forcible entry and search training to enhance the authenticity of training exercises. It will be used for fire and EMS classes, providing participants with "comprehensive training opportunities."


The executive board that has issued state law enforcement protocols for the last decade voted Wednesday to approve a new list of federally compliant peace officer standards that the DeWine administration says every police department, sheriff's office, and state enforcement agency in Ohio should embrace for national accreditation. The Community-Police Collaborative Advisory Board and its Standards Review Committee have been working on federally aligned law enforcement standards since last year's meeting between the Ohio Department of Public Safety (DPS) and U.S. Department of Justice (DOJ) on Biden administration updates to the federal Safe Streets and Safe Policing (SSSP) Act.


STATE GOVERNMENT


Members of the Ohio Facilities Construction Commission (OFCC) Thursday named Joy DeMarco as the next executive director, effective Friday, March 1. DeMarco currently serves as assistant executive director for the agency, which oversees capital projects for state agencies, higher education institutions and public school buildings across Ohio. Thursday's meeting was the last for current Executive Director Cheryl Lyman, who will retire effective Thursday, Feb. 29. Lyman has nearly 35 years of experience in public service.


TRANSPORTATION/INFRASTRUCTURE


In a busy agenda Tuesday, the Ohio Turnpike and Infrastructure Commission approved 20 resolutions for new construction, bridge repair, toll road resurfacing, or to adjust existing contracts to address increased costs. Chris Matta, chief engineer for the turnpike, told the commission that the numerous contracts approved in the resolutions include more than a dozen for engineering and maintenance, two for construction contract modifications, six for engineering service modifications, five for new engineering services contacts, three for new construction, and two for maintenance equipment. Overall, staff told the commission that bids for bridge repairs have been coming in under estimates.

 



 


 



[Story originally published in The Hannah Report. Copyright 2023 Hannah News Service, Inc.]


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