REPORT NO. 232, VOLUME 75-- WEDNESDAY, DECEMBER 6 2006

REVAMPED ABORTION BILL CLEARS COMMITTEE, SLATED FOR HOUSE FLOOR VOTE THURSDAY

A controversial proposal to make permanent restrictions against the use of government funding for abortions and declare state policy officially prefers childbirth reemerged and moved forward in the lame duck session Wednesday after languishing in committee for more than a year.

Speaker Jon Husted (R-Kettering) set the bill (HB 239) for a floor vote on Thursday. He said he's had some "general discussions" with the Senate on the proposal.

"It is public policy that has already been passed by this body, but it's been in temporary law," he said. "There are concerns that it might not be executed in the future, and the advocates for the bill are asking that it be put in permanent law."

Speaker Husted said he didn't expect the bill to pick up any substantive amendments before it is sent to the Senate. "We had general agreement on the content of this that it would not step outside of the current either temporary law or executive orders."

The speaker said several Senators have spoken to him personally and expressed an interest in seeing the bill moved.

Senate President Bill Harris (R-Ashland) said later in the day, "We'll look at it if the House passes it and sends it to us. It's not an agreed-to bill, but as always if they send us a bill we'll consider it."

The House Health Committee reported a substitute version along party lines that would codify existing administrative rules to prohibit the use of public funds for abortions except in the case of rape or incest, or to preserve the life of the mother.

Sponsored by Rep. Michelle Schneider (R-Cincinnati), the proposal would also make permanent temporary statutory language that prohibits genetic services funding for being used for abortion counseling (HB 66). The bill would further allow individuals to pursue legal action if they believe a healthcare facility is operating without a license.

Before advancing the bill, the panel adopted an amendment offered by Rep. Keith Faber (R-Celina). The lawmaker said the change would align state statutes with any changes in federal law regarding abortion.

The committee's majority Republicans rejected a number of amendments Rep. Chris Redfern (D-Catawba Island) offered, including changes that would have: allowed Medicaid funding for abortions in situations where pregnancy threatens a mother's mental health; directed the Department of Health to distribute information on emergency contraception; guaranteed access to emergency contraception for rape victims in emergency rooms; and required insurance plans cover prescription contraception.

Republican Rep. Jon Peterson (R-Delaware) broke ranks with his party and joined minority Democrats in voting against tabling some of these amendments. He later abstained from voting on the bill.

Two witnesses testified in opposition to the measure.

Barbara Avery, director of the Ohio Religious Coalition for Reproductive Choice, said various religions have many different views on life and abortion. "When government imposes its views on abortion, it violates the religious freedom that's the basis of our nation."

The U.S. Supreme Court decision Roe v. Wade determined that the right to privacy extends to a woman's decision on abortion, she said in response to questioning from Rep. Faber. "I don't think any woman should be forced to carry a baby to term in order to be a baby farm for another family."

Kellie Copeland, executive director of NARAL Pro-Choice Ohio, criticized the proposed ban on counseling.

"Pregnant women with genetic disorders facing a pregnancy with severe or fatal fetal anomalies should have complete access to reproductive health information," she said. "This bill makes no effort to increase healthy childbearing through access to pre-natal care or other healthcare services."

Abortion opponents applauded the committee's action.

"This is common sense legislation," Mark Harrington, executive director of the Center for Bio Ethical Reform Midwest said in a statement. "Abortion is morally reprehensible to many Ohio taxpayers. Ohio needs to promote a culture of life not death."

Rep. Faber said the bill would express the intent of the General Assembly and merely put into statute practices that are already in administrative rules. "Rule making can change depending on the governor," he noted.

House Minority Leader Joyce Beatty (D-Columbus), however, said action on the legislation could jeopardize the spirit of bipartisanship that GOP leadership promised for the transition to a Democratic administration.

"We think (the bill) is in that category of mean-spirited, whirlwind legislation that the speaker said we would not have," she said.

SPLIT SENATE APPROVES CORE CURRICULUM BILL, RED-LIGHT CAMERA MEASURE

The Senate handed outgoing Governor Bob Taft a legislative victory on Wednesday when it approved a measure implementing his proposal to toughen the curriculum standards for the state's high school students.

The 20-11 vote on SB 311 came in a lengthy session during which the divided chamber also approved controversial legislation (HB 56) that scales back local governments' ability to use cameras to cite drivers for certain traffic-related offenses.

Majority Republicans who backed the curriculum bill, known as Ohio Core, said the proposal is key to better preparing students to compete in the future, while minority Democrats argued that lawmakers weren't providing sufficient resources to support the program.

Sponsor Randy Gardner (R-Bowling Green) said the proposal makes notable changes in the state's educational system, and seeks to enhance the skills of students as they move to higher education or the workforce.

"This issue crosses party lines," Sen. Gardner said, noting that a Democratic governor in Michigan instituted similar standards. "This bill is not about any governor. This is an idea for Ohio and for America."

Democrats, however, argued that Republicans were rushing a bill that creates new unfunded mandates on already-strapped school districts.

"We truly don't have our arms wrapped around the costs," Sen. Teresa Fedor (D-Toledo) said. She offered, but saw tabled, an amendment that would have required a state panel to contract for a cost analysis report tied to the bill. The change also would have extended the bill's effective date to provide sufficient time for the report to be released.

Sen. C.J. Prentiss (D-Cleveland) said she was disappointed that the legislature was moving forward with a measure that didn't provide adequate support for school districts. "I cannot believe we're going down this road one more time.

Sen. Lynn Wachtmann (R-Napoleon) supported the bill, but urged lawmakers calling for more money to take a closer look at the amount of time current teachers spend in the classroom. "More money is not always the answer," he said.

Sen. Ray Miller (D-Cleveland) also saw tabled an amendment that would have provided an opportunity for students who face drop-out issues to be exempted from Core requirements. Sen. Prentiss urged support, saying the language would prevent labeling students who are teetering on the edge of school success and failure.

Majority Republicans also tabled a Miller amendment that would have required study of African-American history.

Sen. Joy Padgett (R-Coshocton) also urged support for the bill, adding it would put Ohio's young people in a better position to compete with an increasingly competitive workforce. "Students know they can do more," she said.

Separately, the Senate lent 18-13 approval to the traffic monitoring camera bill.

Officials from Cleveland, Columbus and other cities already using the devices opposed the measure. Three Republicans - Sens. Kevin Coughlin of Cuyahoga Falls, David Goodman of New Albany, and Steve Stivers of Columbus - joined Democrats in voting against the bill.

Sen. Timothy Grendell (R-Chesterland) rejected arguments that the proposal would violate municipal home rule rights under the Ohio Constitution. He said the Supreme Court already has ruled that municipalities lack authority to erect traffic control devices that do not conform to state standards.

"We are trying to be cognizant of the safety concerns without taking away privacy rights," Sen. Grendell said.

Sen. Coughlin argued that bill was messy, and not ready for consideration. Senate President Bill Harris (R-Ashland) said later he would have chosen a different description.

"Members have the prerogative to disagree with a bill. My preference would be when they do, they do that in a way that it doesn't attempt to bring discredit to other members who have put a tremendous amount of work into it," Sen. Harris said.

Sen. Dale Miller (D-Cleveland) shared Sen. Coughlin's view of the measure. "It is very clear this bill is overly restrictive and very sloppily written. This bill is not ready. It needs a lot more work," Sen. Miller said.

Sen. Miller offered a series of amendments to modify the proposal, all of which were tabled. His motion to send the bill back to committee also failed.

Senators also passed bills that:

--establish a tax credit for individuals who invest in state-certified motion picture productions (SB 155);

--establish "Donate Life" license plates (HB 236), and;

--create license plates that recognize historically black fraternities and sororities (SB 337) and the Civil Air Patrol (SB 384).

Separately, President Harris canceled the chamber's session scheduled for Thursday.

House Education-Core: Meanwhile, the House Education Committee continued to hear testimony from more than 15 witnesses in favor and in opposition to the measure.

Darold Johnson, of the Ohio Federation of Teachers, delivered interested party testimony prepared by Tom Mooney, who recently passed away. He urged lawmakers to amend the legislation to focus more on student preparation.

"Ohio Core will help some students simply by raising the bar and motivating additional effort," he said. "But many others will need additional instruction... in order to meet these requirements."

OFT strongly opposes the exemption for dropout prevention and recovery programs, Mr. Johnson said. "It creates a gigantic escape hatch that allows students who are perfectly capable of meeting the standards to evade them to their detriment."

Mary Campbell-Zopf, deputy director of the Ohio Arts Council, spoke about the importance of the arts in education, citing research that shows students that have taken more art classes score higher on college entrance exams.

Barbara Shaner, of the Ohio Association of School Business Officials, asked lawmakers to delay action on the measure "until proper funding can be included." In addition to an increased need for facilities, the new demand for teachers will cause an upward trend in teacher salaries, she said.

BWC SENDS INFO ON ARMBRUSTER CHANGE, OTHER MANUAL OVERRIDES OF PREMIUM RATES TO INSPECTOR GENERAL

The Bureau of Workers' Compensation has asked the Ohio Inspector General to review information that details dozens of premium rate reductions, including one granted to a company owned by a Republican state senator.

The reduction provided to Armbruster Energy, a concern owned by Sen. Jeffry Armbruster (R-N. Ridgeville) that filed for bankruptcy in 2004, was one case of many included in a massive referral the agency delivered as it released documents tied to an audit of manual premium rate overrides.

The information was released in response to a public records lawsuit that Sen. Marc Dann (D-Liberty Twp.), now the attorney general-elect, filed against the agency. The lawmaker said when he filed the request that an inside informant had indicated legislators had approached BWC with rate requests. (See Gongwer Ohio Report, October 27, 2006)

Records show that the bureau reduced the rate that the lawmaker's company paid for workers' compensation coverage in the spring of 2006.

Sen. Armbruster said Wednesday he never used his office or public position to impact operations at his private company, adding that he often deals with regulators from the local, state and federal levels.

"I'm involved in contact with government on an ongoing basis," he said. "Never once have I ever intermixed my staff or my individual companies. I separate those issues."

In an agency e-mail, Elizabeth Bravender, director of the BWC's Actuarial Section, confirmed that the reduction applied to the lawmaker's business. "I believe that this is not the first time we helped him/his business out," she wrote to BWC chief financial officer Tracy Valentino. "I am sending this to you to let you know that my name on the email does not implicitly mean that I approve of this action."

"I am not aware of the details of this situation," Ms. Bravender continued. "This does not appear to have gone to adjudication or the administrator's designee."

Sen. Armbruster, who is term-limited at the end of the year, added that he welcomes the Inspector General's review. "I am absolutely open to the process and in fact, quite honestly, want to get this behind me," he said.

Among other cases identified in the referral was one in which Sen. Kirk Schuring (R-Canton) raised concerns with the agency about the rates charged to Sparta Steel Equipment Corp., which was removed from a group rating.

SUPREME COURT ALLOWS NON-LAWYER GROUPS TO REPRESENT PARTIES IN WORKERS' COMPENSATION CLAIMS

For the second time in as many years, the Ohio Supreme Court on Wednesday rejected a challenge to the use of non-lawyer organizations to represent parties in workers' compensation administrative proceedings.

Justices found in a 6-1 opinion that CompManagement, Inc. had not engaged in the unauthorized practice of law as the Cleveland Bar Association contended, and as the Board of Commissioners on the Unauthorized Practice of Law had concluded.

The court used the latest complaint to clarify a related Dec. 15, 2004 decision. That ruling said non-lawyers who practice in a representative capacity before the Bureau of Workers' Compensation and Industrial Commission under an agency rule were not acting as attorneys.

Justices on Wednesday rejected the board of commissioner's finding that CMI had improperly practiced law in four areas: settlement, examination of witnesses, hearing room advocacy, and recommendations to appeal or take other legal action.

They also rejected the Cleveland Bar Association's request to overturn the 2004 decision and find that all acts alleged against CompManagement in the case had constituted unauthorized legal practice.

CMI provides employers an array of services to help manage their workers' compensation premiums and costs, including aid in settling claims and actuarial advice.

Justice Maureen O'Connor, writing for the court, said that if the 2004 decision were overruled, third-party administrators such as CMI would have to stop appearing before the BWC and the IC on behalf of employers.

"An employer would be required to choose between hiring an attorney for every claim and forgoing representation," she said. "Claimants would face similar difficulties with using union representatives."

The court rejected the board's conclusion that a third-party administrator may not suggest a settlement amount based on actuarial data, communicate an approved settlement to a claimant, or file BWC or IC settlement forms.

"As long as CMI makes no legal determinations and acts merely as a messenger, these activities simply do not require the specialized training and skill of an attorney and are permitted by the (IC) resolution," justices said.

The court said a third-party administrator could share an employer's concerns with a hearing officer, and the information could properly form the basis for questions the hearing officer decided to pose. "The facts of this case do not reveal that any CMI representative conducted an examination in the hearing room," justices said.

Justice O'Connor said that while a company like CMI could not prepare and make legal arguments at a hearing, it could present an employer's concerns and pinpoint documents in support of them.

The court said it found no evidence that CMI had committed any specific act constituting the unauthorized practice of law.

"Many acts that the board found to be the practice of law do not require legal training, and those acts that do require legal training that the board found CMI to have committed were not supported by the evidence," Justice O'Connor said.

Concurring were Chief Justice Thomas Moyer and Justices Evelyn Stratton, Terrence O'Donnell, and Judith Lanzinger. Justice Alice Resnick concurred in the judgment only. Justice Paul Pfeifer concurred and dissented in part.

"I ... agree with the main thesis of the majority opinion that the record does not contain evidence of specific unauthorized practice of law violations," said Justice Pfeifer, who dissented in the original 2004 case. "Today the majority opinion appears to allow even more latitude to non-attorneys who facilitate workers' compensation claims."

NFIB Response: The National Federation of Independent Business/Ohio applauded the court's decision as a victory for small business.

"As a result of this decision, it is estimated that Ohio employers will be able to keep as much as $1 billion to reinvest in their businesses, as opposed to using it to pay lawyers to get involved in a system that is working fine without them," said Ty Pine, NFIB state director.

"The current practice of a third-party administrator assisting small businesses through the workers' compensation hearing process is a tremendous benefit," he said.

TAFT: FAIR TO ASK IF SUPREME COURT WOULD STILL FIND SCHOOL FUNDING SYSTEM UNCONSTITUTIONAL; MAY SIGN MENTAL HEALTH BILL

Four years and billions of dollars after the Ohio Supreme Court last declared the state school funding system unconstitutional, outgoing Gov. Bob Taft said Wednesday it is a "very fair question to ask" if justices would rule that way today.

Mr. Taft also said he may sign a mental health insurance parity bill the General Assembly is expected to send to him in the lame duck session, but that he first wants to talk with sponsoring Sen. Bob Spada and the business community.

The Republican governor lists improvements in educational opportunities and results at the top of his administration's key accomplishments over the last eight years.

Gov. Taft initiated a $10 billion school construction and renovation program through which nearly $5 billion has been spent thus far, with projects completed or underway in at least half the state's 612 school districts.

State aid to schools for the 2006-07 year was $2.2 billion higher than 1999, a 56% increase that is more than three times the rate of inflation.

"What I'm proudest about, though, is that we sought to change the debate so we talk more about student achievement, student learning, accountability, high standards," Mr. Taft said in an interview with Gongwer News Service.

"Before I took office there were no educational standards, no clear, specific, rigorous standards in Ohio. We established those standards," he said.

School Funding: A split Ohio Supreme Court ended the long-running DeRolph school funding litigation with a 4-3 decision in December 2002 that declared the state system remained unconstitutional.

"If you go back and read the DeRolph decision, a lot of it was about the deplorable condition of school buildings, which was a reality in many, many districts across Ohio. That part of the decision we have really, I believe, fully addressed or are addressing with projects that are in process or that may happen," Mr. Taft said.

"We've dealt with the worst building problems across the state in the poorer districts, we're dealing with them in the urban districts. We've invested about $4 billion in school buildings just since I've been governor. We've also, through parity and other ways, addressed the gap in funding between the poorest districts and the wealthiest districts," he said.

"So I'm not sure how it would come out in the Supreme Court today," the governor said. "I think that's a very fair question to ask."

As of January, only one of the justices who made up the majority in the 2002 DeRolph decision will still be on the court - Justice Paul Pfeifer. Of the seven justices who heard the final version of the case, only three will still remain on the bench next month and two of them - Chief Justice Thomas Moyer and Justice Evelyn Stratton - dissented.

Despite advancements made since then, Mr. Taft acknowledged the school system is not perfect.

"There are still some problems. Whether they rise to a constitutional issue is up for the court to decide. But we still have structural problems with how the school funding works, with regard to providing school districts with stable, reliable sources of revenue that are predictable, that grow at least moderately when the economy is growing," he said.

At the crux of the funding problem: a statutory limit (HB920) on inflation driven growth in property tax revenue, a continuing need for districts to place levies before voters, and the difficulty of winning passage.

"That's an issue that in terms of unfinished business, issues that we would have liked to address but weren't able to, that's one of them," Mr. Taft said.

A solution would require either a change in law to allow local property taxes to grow without a vote, or a major shift of funding responsibility to the state that would necessitate a statewide tax increase.

"One can design a solution, but then you have to sell it and get it approved, either by the legislature or the people," Mr. Taft said.

"It's possible, but it's not easy, or it would have been done. I mean, (former Gov. George) Voinovich tried, and we tried another route," he said. "I know the new governor is going to be solving this one, so wish him well on that."

SB 116: Gov. Taft said he expects to meet with Sen. Spada (R-North Royalton) on the mental health insurance parity bill that easily cleared the Senate on Tuesday. Favorable House action is expected.

"I also will be touching base with the business groups who have been concerned about parity reducing their ability to provide health insurance coverage, actually having the unintended consequence of reducing coverage as opposed to expanding it," the governor said.

"I have an open mind about it. The First Lady, of course, is a supporter of that. My sense is that there has been a change of attitude in the business community with regard to this issue. We're going to look at it and we may sign it," he said.

An attempt to enact a virtually identical bill failed two years ago under threat of a gubernatorial veto. What makes the current version different? "That's what I want to understand fully," the governor said.

HOUSE PANEL COMBINES DNR, MINING BILLS; COAL SEVERANCE TAX HIKED

A House committee Wednesday combined three far-reaching measures into one massive bill that rewrites laws governing the Department of Natural Resources and makes major changes in the regulation of the coal and industrial mineral mining industries.

The action, taken by the House Agriculture & Natural Resources Committee, positions the rewritten HB 443 - which initially only addressed DNR operations - for a likely vote by the end of the year.

In approving the bill, the panel added major portions of a coal industry measure (HB 488) and a plan to update regulations on the industrial mineral mining industry (HB 400) to a measure that initially made numerous changes in DNR operations.

The action - which drew widespread support in committee - didn't come without objections and concerns from a handful of interested parties.

Glen Alexander, assistant DNR director, told the panel his agency was pleased with the bill's sections that adjust agency operations, but expressed concerns about some language he said could jeopardize safety at industrial mine sites.

In particular, he said the agency has reservations with a change that strips the agency's ability to inspect industrial mineral mines four times per year if operators instead opt for a state-run safety training session. While he said the agency feels the training sessions are important, he said the department wanted to retain at least one possible inspection per year.

Rep. Tim Cassell (D-Madison), who voted against the bill, keyed in on the change. "It's going to be carte blanche until you kill somebody or injure somebody," he said. Responding to a subsequent question, Mr. Anderson noted the facilities remain subject to periodic federal inspections.

Mr. Alexander also raised concerns that the bill's new sections might not meet with approval from federal mine safety regulators and said the bill's changes don't do enough to increase the state's number of mine safety inspectors.

The version that emerged from committee included several changes from what the stand-alone measures would have done. Among the alterations were:

--specifying that revenues generated from the sale of DNR confiscated property would be deposited in a DNR law enforcement fund;

--creating a statute of limitations on civil actions tied to breach of licenses to drill oil and gas wells;

--allowing local officials to charge less than $25 per parcel for soil and water conservation projects;

--permitting coal mine operators to obtain a reclamation tax credit if they restore land outside of the scope of their mining zones;

--specifying language about potential acid mine drainage in coal mining permit applications;

--addressing the DNR's long-term jurisdiction over reclaimed coal mine sites;

--eliminating a previous severance tax increase for industrial minerals and eliminating a proposed fund for those revenues;

--requiring inspections of industrial mine sites that have lost-time accident rates higher than the national average;

--giving local officials more discretion in permitting industrial mineral mining, and;

--specifying that zoning changes take effect nine months after the effective date.

The panel was also advised that the measure institutes an increase in the state's coal severance tax as part of an effort to enhance reclamation of current and abandoned mine sites.

But environmentalists and others raised concerns about the bill.

Jack Shaner of the Ohio Environmental Council testified as an opponent, noting that the measure doesn't provide enough funding to restore mine sites; isn't likely to eliminate the federal government's conditional approval of Ohio's coal program and won't adequately distance the mining industry from regulators.

Jane Forrest Redfern, executive director of Rural Action, said the measure would bring about a partial loss of funds currently dedicated to the state's Abandoned Mine Land Fund. She said the cut would significantly damage conservancy groups' efforts to clean and restore streams and watersheds that have been damaged by past practices.

SPEAKER ANNOUNCES PROCESS FOR REPLACING FABER; HOUSE PASSES RETIREMENT SYSTEM LAW UPDATE

Speaker Jon Husted (R-Kettering) on Wednesday announced the process for filling the 77^th House District seat left open due to an imminent Senate appointment.

Rep. Keith Faber (R-Celina) was tabbed to replace Sen. Jim Jordan (R-Urbana) in the 12^th Senate District. Sen. Jordan was elected to serve in Congress on Nov. 7.

"While we will miss Representative Faber and the great work he has accomplished while he has served in the Ohio House, I am sure the individual who follows in his footsteps will continue to represent the people of the 77^th House District well," Mr. Husted said in a news release. "I look forward to meeting with prospective candidates for the position in the weeks to come."

Under the Ohio Constitution, candidates are limited to registered electors who have been residents of the district for at least a year. The district covers Mercer County and part of Darke County.

Candidates are directed to submit their applications to the speaker's office, attention Halle Pelger, by mail at 77 South High Street, Floor 14, Columbus, Ohio 43215, by fax at (614) 719-3591, or by email at halle.pelger@ohr.state.oh.us by noon Friday, Jan. 5.

Mr. Husted will form a screening committee to conduct interviews for the post the following week. The appointment is planned for later in the month of January.

House Session: The chamber breezed through three non-controversial bills on Wednesday, with the most extensive being a far-reaching rewrite of laws affecting the state's five public pension systems.

Rep. Michelle Schneider (R-Cincinnati) said her bill (HB 272) would "serve as a means tom strengthen" the pension funds and their ability to meet future obligations.

Among the provisions that apply to all of the systems are voluntary health savings accounts, language regarding board governance, and a new requirement for annual disability reports. The bill also includes provisions specific to PERS, such as changes to annuity purchases and employee contributions, and adds a year to the retired police officer's term on the OP&F system. The bill passed 96-0.

The chamber passed 94-1, with Rep. Diana Fessler (R-New Carlisle) in opposition, a bill making changes to Joint Economic Development District law (HB 365).

A measure providing for the controlled use of epinephrine medication in schools (SB 164) passed unanimously.

The chamber continued good-byes to departing members by honoring Reps. Barbara Sykes (D-Akron) and Sally Conway Kilbane (R-Rocky River).

DEMOCRATS INTRODUCE OWN VERSION OF MINIMUM WAGE BALLOT ISSUE IMPLEMENTATION BILL, DECRY GOP PLAN

With hopes of a bipartisan agreement fading, Democrats introduced their own plan Wednesday for implementing various provisions of Issue 2, the minimum wage constitutional amendment that passed Nov. 7.

Sponsored by Senate Minority Leader C.J. Prentiss (D-Cleveland), the co-chair of the successful Ohioans for a Fair Minimum Wage initiative, the measure (SB 402) comes as an alternative to GOP bills (HB 690 & SB 401).

The coalition argues that the business community-backed bills overreach in terms of implementing language related to the employment record keeping and access requirements in the amendment. (See Gongwer Ohio Report, December 1, 2006)

"In both bills, Representative (Bill) Seitz and Senator (Steve) Stivers, attempt to re-write Ohio's wage laws and undermine the intent of the amendment already passed," Sen. Prentiss said in a news release.

"It is disingenuous for the majority party to pass language that is clearly not what Ohioans voted for or wanted. I believe that neither of these members supported the minimum wage constitutional amendment and now are clearly trying to thwart the will of the voters."

The House version of the Republican plan has already had one hearing and is slated for a possible vote Thursday in the State Government Committee.

"I don't know of any particular objections," Speaker Jon Husted (R-Kettering) said after session.

"To my knowledge, they were trying to translate the seemingly agreed-upon provisions that the advocates for the amendment had put out on their public Web site and they were trying to translate that into legislative language. To the extent that that is acceptable at this point, I don't know that."

Sen. Prentiss said she was "outraged" over the GOP's plan, which she arguied to be "outside the parameters of the amendment."

"My legislation ensures that Ohio's minimum wage will be implemented the way Ohioans intended it to be," she said.

SCIENCE AND TECH SCHOOL SYSTEM BILL SUBJECT OF NEGOTIATIONS; SPEAKER WANTS BIPARTISAN PLAN

A bill to start the implementation of a major initiative for science, technology, engineering and mathematics (STEM) education garnered both praise and concern Wednesday in the legislature, where Speaker Jon Husted (R-Kettering) said he hopes to engage Democrats in forging a bipartisan agreement.

The proposal (HB 695) is slated for a vote Thursday in the House Finance & Appropriations Committee, which fielded supporting testimony from the Department of Education and Board of Regents, albeit with proposed changes.

The Ohio Education Association and Democrats, meanwhile, continued to express concerns about fast-tracking such a broad initiative in the short lame duck session that remains for the 126^th General Assembly even though Rep. Charles Calvert (R-Medina), the bill's sponsor, stressed that the legislation at hand would mainly start an implementation process that would be continued next spring during deliberations of the upcoming biennium operating budget.

Speaker Husted, noting that states with Democratic majorities are moving forward with similar programs, told reporters his goal was to get members of both parties on board. He reiterated his comments that negotiations may extend into the next General Assembly.

"I've asked Rep. Calvert and (Minority Leader Joyce) Beatty to talk through some of the concerns," Speaker Husted said. "We have a great opportunity here to establish Ohio as a state that is progressive in its educational programming for improving the skills and abilities of students in the state of Ohio.

We want to improve the overall quality of education for students and adults in this state so that we can - one - recruit more businesses here and keep more businesses here, and also improve their ability to earn a better quality of life through their occupations. We can't just say we want more two- and four-year degrees without doing a better job of creating emphasis on this at the K-12 level. This is in no way, in my view, a partisan issue."

The proposal would create a pilot statewide STEM school system with its own governance structure to, at first, operate five high schools. The program would eventually be expanded and include a residential STEM academy.

Supporters hope to attract matching private funds to finance the program from the Bill and Melinda Gates Foundation. Rep. Calvert amended the proposal in committee Wednesday to add a $600,000 appropriation to pay for the hiring of a CEO, chief academic officer and chief operating officer.

Additionally, $16 million in facilities funding for STEM was included in the capital appropriations measure (HB 699) introduced on Tuesday.

Mr. Calvert said he has no plans to try and amend the entire STEM initiative into the capital bill. Future amendments planned for the stand-alone bill would provide for the program to be rolled into the Department of Education in five years "subject to the legislative approval and demonstration of competency" by the agency, and allow STEM schools to be "divested to local communities" with provisos.

David Burns, ODE's executive director of Secondary Schools and Workforce Development, testified in support of the "concept" of STEM schools, but said the agency is concerned about oversight.

"We believe a system of STEM schools that encourages local collaborations, regional partnerships and innovative designs would enhance education for all of the students in Ohio," he said. "Our most significant concern is governance of the schools."

Mr. Burns said ODE sees no need for a statewide administrative staff, and that the bill should be amended to "increase the ownership of STEM schools at the local level." He also expressed reservations regarding plans for a 40-hour teaching certificate for STEM educators.

Rep. Bill Coley (R-West Chester) said he had been told in previous hearings on the biennium budget that a retired engineer or other professional who wanted to teach would be required to take two years of training.

Mr. Burns responded that there are other, shorter-term options in that regard and said he would provide the lawmaker more information.

Regents Interim Chancellor Garrison Walters also testified in support of the concept, saying, "the public-private partnership called for in (the bill) represents the best way to achieve systematic, substantial change for education. We also support the work of the Ohio STEM Education Authority in increasing the number and percentage of students who successfully graduate from higher education and are employed in STEM fields."

Mr. Walters said policymakers, however, should keep in mind the importance of: middle school preparation; broad student access; and links to the higher education infrastructure. He also relayed the board's opposition to one aspect of the plan - the "implied creation of a new, independent college of education for the STEM schools."

"Put simply, there is really no need for the 51^st college of education in Ohio," he said. "Developing a new college of education and staffing it would be costly and duplicative."

OEA Director of Governmental Services Deidre Reese said her group is concerned the bill is being rushed. "To give legislators only one week to deliberate and take action on such an important piece of legislation is ill-advised, particularly given the ongoing funding challenges faced by our public education system," she said.

Ms. Reese also took issue with the oversight setup and makeup of the proposed governing board, saying that while the business community should play a role, "this involvement should not be to the exclusion of the Ohio education community."

Chairman Calvert said of his bill, "This is just to put in place an organization the start the process."

Richard Stoff, president of the Ohio Business Roundtable, a group representing the CEOs of major corporations in the state, called the STEM proposal "groundbreaking legislation that goes to the very heart of Ohio's economic turnaround."

Mr. Stoff, also a key supporter of the Ohio Core plan to bolster high school curricula, cited Ohio's mid-pack ranking in a 2005 Cleveland Fed analysis of state income growth as further evidence of the need for policymakers to "invest in our talent base, especially in the STEM disciplines, to fuel our innovation economy and join the more prosperous grouping of leading states."

Mr. Stoff outlined the proposed legislative and executive authority over the program, in which the STEM authority would serve the role of "developer."

"In the end, if the authority can achieve its mission to successfully establish as many as 20 or 30 world-class STEM secondary schools across the state, including one residential academy, then long-term it is not unreasonable that the functions of the authority should be transitioned into the principal state agency overseeing the state's program of education, the Ohio Department of Education," he said.

Some Democrats on the Finance Committee said the also supported some of the concepts in the bill but were leery about moving too quickly. Rep. Fred Strahorn (D-Dayton), for instance, said he was concerned there could be "unintended consequences" and that there were unanswered questions regarding cost and funding.

Rep. Brian Williams (D-Akron) suggested the better course would be to start with a study commission. And Rep. Michael Skindell (D-Lakewood) said that while other states with similar initiatives had engaged their entire education community in the planning process, key groups such as the Ohio Academy of Sciences had been left out of early discussions regarding the proposal at hand.

Rep. Calvert said the education community "will have lots of opportunities to weigh in" on the final product.

GOVERNOR'S APPOINTMENTS

State Board of Education: Stephen Millett, from Columbus; Carl Wick, from Centerville and Jennifer Sheets, from Pomeroy, for terms ending Dec. 31, 2010.

Dr. Millett is a Thought Leader for Energy Products with Battelle. Mr. Wick is the former Director of Engineering Human Resources with NCR. Ms. Sheets is an Attorney and Partner with Little, Sheets & Warner Law Offices.

The board shall exercise under the acts of the General Assembly, general supervision of the system of public education in the state. Members are compensated from Pay Range 46 ($26.43 - $51.46 per hour).

SUPPLEMENTAL AGENCY CALENDAR

The Workforce Policy Board will meet Wednesday, December 6 at 10 a.m. in Quest Training Center, 8405 Pulsar Pl., Columbus.

The Technology Investment Tax Credit Committee will meet Thursday, December 7 at 3:30 p.m. in 25th Fl., 77 S. High St., Columbus.

The Auctioneers Commission will meet Friday, December 8 at 9:30 a.m. in Rm. 308, 8995 E. Main St., Reynoldsburg (The commission will discuss SB 300).

The Tobacco Prevention Foundation will meet Friday, December 8 at 11:30 a.m. in Suite 310, 300 E. Broad St., Columbus (This is a meeting of the Personnel Committee, which plans a closed session to discuss the executive director's evaluation).

The Venture Capital Authority will meet Friday, December 8 at 1 p.m. in Business Technology Center, 1275 Kinnear Rd., Columbus.

SUPPLEMENTAL POLITICAL PLANNER

Ohio Soft Drink Association Annual Legislative Luncheon, Statehouse Atrium, Columbus, Wednesday, February 21 at 11:30 a.m.

SUPPLEMENTAL NOTICE OF LEGISLATIVE COMMITTEES

THURSDAY, DECEMBER 7

House Transportation, Public Safety & Homeland Security, (Chr. Reinhard, 644-6265), McKinley Rm. (121), 8:30 am

--Deleted from the agenda:

HB 660 E85 PUMPS/TURNPIKE  (Foley)  To require that E85 blend fuel be available at all service stations located on the Ohio Turnpike not later than July 1, 2009, and to permit the Ohio Turnpike Commission to apply for grants made by the Department of Development under the Alternative Fuel Transportation Grant Program.  (1st Hearing-Sponsor)  Full Text

--Added to the agenda:

HB 166 TRAILER WEIGHTS  (Boccieri)  To apply the motor vehicle certificate of title law to trailers and semitrailers that weigh 4,000 pounds or less.  (3rd Hearing-All testimony)  Full Text

Senate Rules, (Chr. Harris, 466-8086), Majority Conference Rm., 10:01 am-CANCELED

Senate Reference, (Chr. Schuring, 466-0626), Majority Conference Rm., 10:02 am-CANCELED

House Local & Municipal Government & Urban Revitalization, (Chr. Wolpert, 466-9690), Rm. 018, 11 am

--Deleted from the agenda:

HB 433 URBAN TOWNSHIPS  (Carano)  To provide urban townships with broader authority to regulate traffic, pedestrians, and obstructions during a declared emergency, to subject parked or stopped vehicles in urban townships to the same lighting provisions as specified for vehicles in municipal corporations, to allow urban townships to adopt a reasonable fee without a specified limit for transient vendor registrations, and to allow urban townships to charge for subsequent false fire alarms occurring any time after a notice of a previous false alarm is sent.  (1st Hearing-Sponsor)  Full Text

--Added to the agenda:

HB 428 PUBLIC DANCES  (Strahorn)  To permit townships to issue permits for public dances.  (1st Hearing-Sponsor)  Full Text

Senate Session, (Chr. Harris, 466-8086), Senate Chamber, Webcast, Calendar, 11 am-CANCELED

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© 2006, Gongwer News Service, Inc. Reproduction of this publication in whole or in part without the express permission of the publisher is in violation of the federal Copyright Law (17 USC 101 et seq.) as is retransmission by facsimile or any other electronic means, including electronic mail.

REPORT NO. 232, VOLUME 75-- WEDNESDAY, DECEMBER 6 2006

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

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