REPORT NO. 236, VOLUME 75-- TUESDAY, DECEMBER 12 2006

SENATE OVERRIDES TAFT VETO ON GUN BILL, SENDS SMALL EMPLOYER HEALTH BILL TO GOVERNOR

The Senate Tuesday overrode Governor Bob Taft's veto on a controversial concealed weapons bill, setting the stage for the act to become law in about three months.

The 21-12 vote on the measure (HB 347), which drew support from majority Republicans and minority Democrats, followed the House's override vote last week. The legislative actions constitute the first override of an entire bill in more than a decade.

Sen. President Bill Harris (R-Ashland) said his chamber's action shouldn't be seen as anything more than the chamber underscoring its feelings on the bill, which, among other things, pre-empts an estimated 80 gun-related local ordinances.

"I don't think it's historic in that we just followed the process of doing business," he said after session. "We did what we thought we had to. We're moving on to get other things done in the lame duck session."

Taft spokesman Mark Rickel said the governor continues to believe that the bill is overly broad and that it's a mistake to overturn local gun ordinances.

"The governor strongly believes that his veto was the right thing to do and that cities should have the ability to protect their citizens through reasonable firearms regulations," Mr. Rickel said.

The chamber's action drew support from the Buckeye Firearms Association and a strenuous objection from Cleveland Mayor Frank Jackson.

"We are gratified that the General Assembly recognized that Governor Taft and a few mayors were playing politics with important firearm law reforms," association chairman Jim Irvine said. "We recognize this was a difficult step, but the fact that so many voted for this bill and obtained the first veto override in nearly three decades demonstrates just how out of touch the Governor and a few big city mayors really are."

Mayor Jackson said the city intends to file a suit challenging the law, and called the vote, and a separate Tuesday House vote in support of a traffic light camera bill (HB 56), "egregious, outrageous and an insult" to Cleveland and other communities. "Today's action demonstrates this legislature's anti-urban agenda and their disregard for home rule municipalities," he said.

Voting in favor of the override were Sens. Amstutz, Austria, Carey, Cates, Clancy, Coughlin, Dann, Gardner, Grendell, Harris, Hottinger, Jacobson, Jordan, Mumper, Niehaus, Padgett, Schuler, Schuring, Wachtmann, Wilson and Zurz.

Voting in opposition were Sens. Armbruster, Fedor, Fingerhut, Goodman, Hagan, Kearney, Dale Miller, Ray Miller, Prentiss, Roberts, Spada and Stivers

The act becomes effective 90 days from the date it is filed with the Secretary of State's office.

Separately, the Senate concurred in House amendments to a measure (SB 5) that seeks to enhance small business' ability to provide health coverage to their employees. The act, sponsored by Sen. Jay Hottinger (R-Newark) also caps the co-payments and deductibles that can be charged to people covered by health plans.

Ohio Department of Insurance Director Ann Womer Benjamin said the act will bring notable improvements in the industry. "This legislation will provide Ohio small businesses with better health insurance options so they are more able to secure coverage for their employees," she said. "More employees with health insurance at lower costs will be an economic benefit to our state. This is an absolute step in the right direction."

Senators also approved a measure (HB 371) that establishes a task force that will study barriers to increasing fuel production in the state. Sen. Robert Schuler (R-Cincinnati) told colleagues the bill would take key steps to increase the state's independence on foreign sources of fuel.

The 33-0 vote followed a 21-12 tabling of an amendment from Sen. Eric Kearney (D-Cincinnati) that would have required the state development director to establish an ethanol-biodiesel grant program that could help spur Ohio's biofuel industry. The program, the sponsor said, would help create jobs while leveraging the state's status as a major corn producer.

Sen. Robert Spada (R-N. Royalton) also won unanimous support for a bill (SB 323) that places new restrictions on the purchase of devices that contain dangerous amounts of mercury.

Sen. Schuler was the sole member to vote against a bill that blocks state agencies from awarding public improvement contracts to contractors and subcontractors that don't participate in drug-free workplace programs.

Also winning Senate support were proposals that:

--designate Sept. 11 as "Ohio Public Safety Employee Day." (HB 282)

--name a portion of Interstate 270 as the "Bobby Rahal Expressway." (SB 380)

--urge Congress to recognize the significances of Ohio and other eastern states in the Lewis and Clark expedition (SCR 33), and;

--designate Nov. 15 as Chronic Obstructive Pulmonary Disease Awarness Day (SCR 35).

HOUSE PASSES GOP-BACKED MINIMUM WAGE IMPLEMENTATION, CAMPAIGN CONTRIBUTION LIMITS FOR CONTRACTORS

House Republicans succeeded in advancing a measure Tuesday to implement the minimum wage amendment, but failed to pass it as an emergency measure as a result of Democratic opposition.

Separately, the House concurred with Senate amendments to a proposal that would limit the use of traffic cameras and passed bills to: restrict campaign contributions from government contractors; expand eligibility for the state's prescription drug program; revise civil service law; and make capital appropriations. (See separate story)

Republicans hoped to have their minimum wage proposal (HB 690) in place when the new voter-approved constitutional amendment goes into effect Jan. 1. While Democrats voted for the emergency clause, the controversial bill failed to garner the requisite support of two-thirds of the chamber to pass as an emergency measure, prompting Republicans to then remove the amendment and approve the bill 55-41 with the standard 90-day waiting period.

Sponsor Rep. Bill Seitz (R-Cincinnati) said the measure is necessary to avoid employer confusion on how to implement various provisions of the constitutional amendment, which raises the state minimum wage to $6.85 an hour and provides for annual increases.

Democrats argued the same business groups that opposed Issue 2 drafted the bill, which would exclude many workers that were intended to receive the minimum wage.

"The people spoke, and now the people are being subverted," said Rep. Chris Redfern (D-Catawba Island). "Those pea pickers need a voice in this General Assembly," he said, referring to farm workers exempted by the GOP measure.

Although Issue 2 proponents weren't consulted in drafting the measure, Rep. Seitz said it's language is based on claims made in their campaign literature regarding privacy concerns, which workers would be exempt from the minimum wage, and other issues.

A preexisting provision in the state constitution ensures the General Assembly has the power to pass laws establishing a minimum wage, he said. "That means that we remain free to retain the state exemptions and exclusions from the minimum wage law."

The proposal would exempt workers in disabled workshops, summer camps, agricultural workers, and volunteer workers from being paid the minimum wage, he said.

Rep. Michael Skindell (D-Lakewood) said the preexisting constitutional provision merely allowed for a minimum wage, but did not conflict with the recently passed amendment. Rep. Seitz "is saying the General Assembly can do whatever they want and subvert the will of the voters."

House members unanimously adopted one Democratic amendment before rejecting two others. Offered by Rep. Todd Book (D-Portsmouth), the amendment would prohibit employers from making employees sign a waiver to exempt them from the minimum wage requirement.

Members tabled an amendment 59-35 that Rep. Joyce Beatty (D-Columbus) said would ensure homecare workers, day laborers, agricultural workers, and police and firemen are not exempt from the minimum wage.

Rep. Dan Stewart (D-Columbus) offered another amendment that similarly would have reduced the exemptions contained in the bill. It was tabled 55-42.

Contracts/Contributions: Republicans, meanwhile, pushed through a measure to restrict campaign contributions from state contractors (HB 694) after easily blocking a motion from Rep. Fred Strahorn (D-Dayton) to re-refer the bill to the Election & Ethics Committee.

Senate President Bill Harris (R-Ashland) signaled later that the bill could be headed for the governor's desk in the final week of the lame duck. "If it contains the language that I think it does, I think there will be considerable support in our caucus for it," he said.

Rep. Kevin DeWine (R-Fairborn), the bill's sponsor, said his proposal "aims to end the real or perceived problem" of trading campaign contributions for large, no-bid state contracts. (See Gongwer Ohio Report, November 30, 2006)

Recalling an election in which Democrats made big gains in Ohio and across the country by campaigning against "pay to play" and the "culture of corruption" in GOP-controlled government, Mr. DeWine said the bill mainly responds to voter concerns. "You have no reason to be against it," he said.

The sponsor thanked Rep. William Healy II (D-Canton) for introducing HB 360. "In many instances, we try to tackle the same issues in similar ways," Rep. DeWine said.

The bill restricts contributions from holders of no-bid contracts of at least $500 to $1,000 a year, with those limits applied to principal business owners. Among other things, it also prohibits solicitations by executive branch officeholders and legislative leaders from the contractors, and requires the attorney general to review and approve all state contracts exceeding $1 million.

Democrats continued to object to a late change to the bill that allows businesses with state contracts to continue giving to executive officeholders through their political action committees. (See Gongwer Ohio Report, December 2, 2006)

Rep. Redfern offered - to no avail - to whip up a quick amendment to fix the "loophole" and add further restrictions to the measure.

Rep. Tyrone Yates (D-Cincinnati) said the measure should have received more debate and instead should be passed next year. "We should have an intense discussion about the well-intended bill you offered," he said.

The sponsor said it was better to pass the bill quickly so the incoming statewide officeholders would know the rules when they come into office rather than later.

The bill passed 63-33, with Democratic Reps. John Boccieri, Sandra Harwood, Jennifer Garrison and Lance Mason joining all Republicans present in support. Rep. John Willamowski (R-Lima) and Claudette Woodard (D-Cleveland) were not present for the vote.

Other House Action: In other business, the chamber moved two measures despite significant opposition.

House members concurred with Senate changes to a proposal that would limit local governments' ability to use cameras to cite drivers for certain traffic offenses (HB 56). (See Gongwer Ohio Report, December 6, 2006)

The 67-30 vote was largely partisan, with a few Republicans joining most of the chamber's Democrats to oppose the measure.

The bill now heads to the Governor Bob Taft's office. Taft spokesman Mark Rickel said the governor expects to be lobbied extensively on both sides of the issue and will review the bill before deciding whether or not to sign it.

A bill that changes law governing civil service employees (HB 187) passed after picking up an amendment that Rep. Stephen Buehrer (R-Delta) said merely "cleans up" changes agreed to in committee.

The revised version of the bill represents "compromise on some of the more volatile sections," Rep. Buehrer said, adding that stakeholder groups no longer opposed it. Nonetheless, the measure passed 71-23.

House members also largely supported (91-1; Blasdell) a proposal (HB 468) that would expand eligibility requirements for Ohio's Best Rx program and combine it with the Golden Buckeye Card program. (See Gongwer Ohio Report, November 30, 2006)

Other legislation that unanimously passed the House would update licensing requirements for physical therapists (HB 403) and would make regulations for school district treasurers consistent with other administrators (HB 671).

Members bid farewell to Reps. David Evans (R-Newark), Geoff Smith (R-Upper Arlington), Bill Hartnett (R-Mansfield), and Shirley Smith (D-Cleveland), who won election to the 21^st Senate District.

$1.8 BILLION CAPITAL APPROPRIATIONS BILL CLEARS HOUSE; PREVAILING WAGE DEBATE TO CONTINUE IN SENATE

The House attached a limited exemption against the prevailing wage for local projects Tuesday before sending the two-year, $1.8 billion capital appropriations measure on to the Senate.

A continuation of Monday's committee debate over the union-based wage scale saw the chamber reject separate amendments to completely ban project labor agreements (PLAs) and prevailing wage on public projects. (See Gongwer Ohio Report, December 11, 2006)

Rep. Bill Coley (R-Cincinnati), who was successful in committee with an amendment exempting public housing projects from the commercial prevailing wage law, saw his PLA amendment shot down for the second time in two days.

The broad prevailing wage exemption sought by Rep. Ron Hood (R-Ashville), was tabled, with a handful of the GOP majority joining all Democrats in the blocking maneuver.

However, Rep. Keith Faber (R-Celina) won narrow support for broadening the prevailing wage exemption for local government projects from the current threshold of $65,000 to $400,000.

The amendment, which had been previously adjusted through another amendment offered by Rep. David Daniels (R-Greenfield), was adopted narrowly on a 49-48 vote after it appeared to have failed on a tie.

Speaker Jon Husted (R-Kettering), who had forgotten to cast a vote on the amendment, called for an instant replay following the initial roll call and voted in favor. Chief of Staff Scott Borgemenke said later the move was within acceptable parliamentary procedures because the speaker hadn't announced the final roll call results as official.

Rep. Michael Skindell (D-Lakewood) tried unsuccessfully to remove, through an amendment, language requiring the state to continue operating two private prisons.

Aside from Mr. Faber's language and another technical amendment adopted without objection, the bill cleared the chamber relatively unchanged from the committee-approved version.

However, Senate President Bill Harris (R-Ashland) said later his caucus would have preferred that prevailing wage language stripped by the House Finance Committee had remained in the bill.

The provision would have put in law the OSFC's policy of employing its prevailing wage exemption on all projects. Sen. Harris said the language might be put back in.

Sen. Harris noted that many of his caucus members - when they served in the House - backed the 1997 bill that created the exemption (SB102, 122^nd General Assembly.

"We're very comfortable with the procedure that has been followed and would like to see that continue," he said.

Sponsor Rep. Charles Calvert (R-Medina) noted in his floor speech that most of the bill's bond-based funding is earmarked for school buildings.

The Ohio School Facilities Commission is to receive nearly $700 million under the bill, including $540 million in GRF-backed debt funds. The state's college and university facilities will get almost $530 million - an $88 million increase over the last capital budget.

The measure also extends the life of the Clean Ohio bond program by allowing the state to continue to use debt to pay for green space and industrial redevelopment projects as long as the total of the bonds don't exceed $400 million at any one time.

Among the most controversial in a long list of policy-oriented provisions is the imposition of more executive and legislative branch authority over the Ohio Turnpike Commission. (See Gongwer Ohio Report, December 5, 2006)

The bill passed the House 94-3, with Reps. Tom Brinkman (R-Cincinnati), Hood and Skindell in opposition. Mr. Skindell had asked colleagues to support the measure before the addition of the Faber amendment. Rep. Brinkman had unsuccessfully sought the removal of an appropriation for the Underground Railroad Museum, which he described as a boondoggle.

Rep. Jimmy Stewart (R-Albany), who carried the committee amendment that stripped the OSFC prevailing wage language from the bill, offered this observation on the projects funded through the in the measure.

The lawmaker remarked that while he had heard comments in regards to "pork" and "boondoggles" in the voluminous bill, "There is no pork in my district. That's in someone else's district."

The Senate Finance & Financial Institutions Committee started processing the bill Tuesday afternoon. Office of Budget and Management Director Tim Keen provided testimony that did not deviate much from his prepared remarks made to the House a week ago.

HOUSE PANEL ADVANCES AGENCY RULEMAKING REVISION

A proposal to give more weight to businesses during the agency rulemaking process cleared the House State Government Committee Tuesday despite opposition from the panel's Democrats.

Before reporting the measure (HB 685), the panel accepted a substitute version that changes some of the provisions that Democrats opposed most vehemently.

The substitute bill eliminates the proposed $50 fee for filing rules and revises another provision allowing the Joint Committee on Agency Rule Review to delay the rule filing process by 60-days if lawmakers determine an agency submitted an inaccurate or incomplete fiscal analysis. The new bill allows the committee to postpone rule consideration only once, during which the governor can issue a 90-day emergency rule, sponsor Rep. Keith Faber (R-Celina), explained.

The delay period had been a particular concern for Democrats, who worried the Republican-led legislature could essentially stonewall administrative rules indefinitely by repeatedly postponing consideration.

The substitute bill makes would also clarify that agencies need not hold separate public hearings for each rule change, but could consolidate several changes into one hearing.

The committee accepted an amendment, which Rep. Faber said would make the bill consistent with existing JCARR procedure so that invalidating a rule based on a faulty fiscal impact statement would be permissive, rather than required.

While the proposal would require a detailed fiscal analysis of a rule's impact on businesses, Rep. Dan Stewart (D-Columbus) said the bill's financial impact on agencies had not been considered.

The bill merely "clarifies" the current fiscal analysis requirement for rule making, Rep. Faber said, adding many agencies already fulfill the proposal's mandates. "Essentially, they're supposed to be doing this now."

Steve Warden, director of the Ohio Chamber of Commerce's Small Business Council, testified in favor of the measure, saying it was one step in the "reform of our state's regulatory climate."

The 60-day delay period would assure transparency in the rulemaking process for small businesses, he said. "The responsibility to explain how a rule will help or harm businesses should lie with the applicable state agency, not the small businesses of our state."

Max Rayle, an attorney for a Bowling Green business owner, also spoke in favor of the proposal, saying agencies' rules cost Ohio businesses hundreds of millions of dollars. Further, the legislation would reduce litigation, he claimed.

"Currently, our only option is to file suit to challenge regulations," he said, in answer to a question from Rep. Mike Foley (D-Cleveland). The bill provides businesses another option, he explained.

Majority Republicans on the panel defeated two amendments along party lines that were offered by Democrats. One amendment would have made the process more bipartisan, according to Rep. Stewart. A second amendment, offered by Rep. Foley would have removed language pertaining to a rule's impact on businesses.

The committee reported the bill along party lines.

Speaking in an interview, Rep. Stewart said the changes made in the substitute measure "make sense." Nonetheless, proposed cost-benefit analysis should be in the legislative arena, he said. The bill would "put our responsibility away and put it on the backs of the agencies who are implementing the law."

JCARR Executive Director Bill Hills, an interested party, said the measure would ensure a higher degree of public scrutiny. "It's a good, workable bill that's been much improved from the original version as a result of input from interested parties."

SENATE PANEL OK'S BULLYING BILL WITHOUT ORIENTATION LANGUAGE; MEASURE PICKS UP SEVERAL AMENDMENTS

A Senate committee Tuesday endorsed legislation that seeks to crack down on school bullying and harassment. The measure was employed as a vehicle to make more than a dozen other changes in state education policy.

The bill (HB 276) cleared the Senate Education Committee, however, without a controversial amendment that would specifically prohibit bullying for any number of reasons - including sexual orientation.

The enumeration language, offered by Sen. Teresa Fedor (D-Toledo) was tabled on a party-line vote.

Sen. Fedor said the amendment offered the panel an opportunity to take a "courageous step," noting that the bill's definition of bullying is overly vague. She said including the language, which also would have banned bullying based on race, color, religion, national origin, gender identity and expression, would have eliminated any subjectivity as far as school administrators are concerned.

Sen. Eric Fingerhut (D-Cleveland) offered support for the change, noting that lawmakers generally seem to have a difficult time dealing with sexual orientation issues. "At this time in our history, people are suffering because we are able to grappling with this issue," he said. "For now, we need to say clearly what we are talking about.

Fred Pausch of the Ohio School Boards Association testified against the amendment, noting that the bill already covers all students. Once the state begins to enumerate people who might face harassment, there would be no place to stop, he said.

Sen. Ray Miller (D-Columbus) noted, however, that the Civil Rights Act delineates the people and groups of people that cannot be the subject of similar forms of discrimination.

Sen. Jeff Jacobson (R-Dayton) opposed the change, saying efforts to increase protections for certain classes generally diminish protections for people outside of those classes. While noting he opposes bullying of any form, he said it could be difficult to determine whether a bully was harassing someone because of his or her orientation, or for some other reason.

On a 4-4 vote, with Sen. Jacobson joining Democrats, the panel rejected a separate Fedor amendment that would have required school districts to report statistics on bullying to the state. Again, Mr. Pausch urged rejection of the change, saying the bill already requires periodic reporting to school board presidents.

Chair Joy Padgett (R-Coshocton) amended the bill to let certain out-of-state organizations, most notably the Knowledge is Power Program, operate community schools. The sponsor said the change, which also allows public school districts to include community school performance data on their ratings, is limited to a likely relationship between KIPP and the Columbus Public Schools.

CPS Superintendent Gene Harris also advised Sen. Padgett in a letter that her district supports the language, as do leaders of the city's business community.

The committee also adopted a change that repeals the administration of the summer edition of the third-grade reading achievement test. Charles See of the Ohio Department of Education said the change reflects a reduced window for intervention due to the decision to delay testing from March to May.

The panel also adopted amendments that:

--add terms of separate legislation (SB 392) dealing with the renewal of coaching contracts;

--clarify an e-school parent's right to waive - and then later request - a computer provided by the school;

--allow a single person to serve as president of Rio Grande Community College and Rio Grande University, which share a single campus;

--adjust state standards with federal guidelines for texts for the visually impaired;

--repeal current law that lets teachers teach for two years outside of their licenses or certifications;

--increase the frequency of teacher in-service training for child abuse prevention;

--lets the state's test scoring contractor provide to ODE personally identifying information about students in cases where writing samples indicate that the student may cause harm to him or herself or others.

--adjust the timing of Kindergarten readiness tests, and;

--clarify that the state auditor need not endorse individual schools' harassment policies.

The committee also amended the bill to allow district balance sheets to carry short-term deficits if they have requested payment to cover the shortfall from the state. Mr. See said the change would address situations that sometimes occur near the end of fiscal years when state payments are sometimes halted.

Before the vote, several witnesses urged the panel to include the enumeration language that Sen. Fedor offered.

Bo Shuff, director of education and public policy for Equality Ohio, said enumerated laws make students feel safer and more ready to learn. "Whether you include enumeration of categories will determine, for Ohio's students, the success or failure of this legislation meant to protect them," he said. "Sexual orientation and gender identity and expression are some of those categories." Equality Ohio is a statewide advocacy organization for the lesbian, gay, bisexual and transgender community.

Robert Salem, a University of Toledo law professor, also urged the change. He further raised concerns that the measure establishes a high burden of proof for victims.

Molly Blackburn testified as an interested party. The former teacher and teacher instructor said students are often bullied due to their sexual preferences. She said students have a tendency to not learn well in tense environments adding that that enumeration would challenge administrators to take needed steps to protect targeted students.

Brenda Spurlin of Equality Toledo also noted that teachers have been known to make or offer support for harassing behavior. She told the panel that simply enumerating the specific groups doesn't necessarily mean they endorse any behaviors.

JUSTICES TO DECIDE IF DOMESTIC VIOLENCE LAW RUNS AFOUL OF 2004 CONSTITUTIONAL AMENDMENT ON MARRIAGE

The Ohio Supreme Court was asked Tuesday to vacate a domestic violence charge filed against a Warren County man because the 1979 statute conflicts with a 2004 constitutional amendment defining marriage.

Justices heard oral arguments in the case of Michael Carswell. He was indicted in February 2005 on a felony domestic violence charge involving an unmarried woman who was a family or household member.

Warren County common pleas court determined the domestic violence statute was unconstitutional as applied to unmarried, cohabiting individuals because it conferred a "marital type" status on them that the amendment prohibits.

The anti-same sex marriage amendment voters approved in November 2004 defines marriage as between one man and one woman. It prohibits the state from affording "legal status" to others, specifically saying no statute may "approximate the design, qualities, significance or effect of marriage."

The 12^th District Court of Appeals reversed the trial judge, reinstating the felony indictment against Mr. Carswell.

Overall, eight appellate districts around the state have ruled the domestic violence law is constitutional despite the amendment. Two districts have struck it down.

Thomas Eagle, representing Mr. Carswell, said the case comes down to ten words in the Ohio Constitution that justices are being asked to interpret.

"The only question before the court is whether the domestic violence act as it currently stands runs afoul of those ten words. And two years ago, the Ohio population passed those ten words and made those ten words the supreme law of the state," Mr. Eagle said.

"I think if you look at those ten words, don't put anything else in them that's not there, don't take anything else away from it, the domestic violence act as it currently stands does in fact run afoul of those ten words," he said.

Mr. Eagle: "I'm happy, and pleased, and privileged to be here this morning to argue this case on behalf of Mr. Carswell and apparently all the other unmarried people in the state of Ohio, under some circumstances, which appears what we're doing."

Justice Paul Pfeifer: "Not quite all the other people."

Mr. Eagle: "All the unmarried people who may be living as a spouse in a state of cohabitation. You're correct, your honor."

Justice Pfeifer: "Who batter their spouse."

Mr. Eagle: "Who have been accused of having something to do with, not even a spouse, your honor, but other people they might have been living with at the time."

Warren County Prosecutor Rachel Hutzel said defense counsel was arguing that the domestic violence law had been repealed by implication as a result of passage of the amendment.

"As this court has historically held, repeals by implication are not favored," she told justices. "It's the state's position, my position, that the Defense of Marriage Amendment and the domestic violence statute can easily be reconciled with a fair course of reasoning."

Prosecutor Hutzel: "The intent of the Defense of Marriage Amendment and the domestic violence statute have to be looked at in order to determine if they can be reconciled."

Justice Judith Lanzinger: "Counsel, we can't look to the intent of the amendment. We have to look at the language itself, because we don't know what all the voters may have intended when they passed the amendment. The amendment's language is what it is, and that's what we have to look at it, precisely what does the language say."

Ms. Hutzel: "I agree that we do not have a legislative history here with the Defense of Marriage Amendment as we would with a legislative enactment ... however, we can look to the intent of the supporters of the amendment. And if we look at all of those statements ... we see a consistency across all of them."

Justice Lanzinger suggested that if the court found the amendment and statute were incompatible, the General Assembly could easily resolve the matter by replacing the phrase "person living as a spouse" in the domestic violence law with "all persons who reside in a domicile."

Justices took the case under advisement. Appellate Judge Judith French substituted for retiring Justice Alice Resnick.

TAFT, LEGISLATURE PANNED IN RECENT POLL; CORE CURRICULUM, LOCAL GUN BANS SUPPORTED

Gov. Bob Taft leaves office next month with a dismal 16% approval rating, according to the Quinnipiac University poll of Ohio voters released Tuesday. The GOP-led legislature is prominent in the governor's rear-view mirror, coming in at a paltry 25%.

On the bright side for Mr. Taft, respondents to the Hamden, Conn.-based institute's survey strongly supported two of his main lame duck positions - the push for tougher high school graduation requirements and opposition to a concealed weapons law that supersedes local ordinances.

Voters back the Ohio Core curriculum plan 60-20% but would prefer it be enacted by the next legislature, rather than in the last two weeks of the 126^th General Assembly, by a 68-21% margin, the poll found.

The survey indicated that only 35% of voters believe it's a good idea for the state to override local gun control laws - 54% think it is a bad idea.

Mr. Taft appears on the verge of pushing through the Ohio Core (SB 311). He vetoed the concealed weapons bill (HB 347) only to see the move overridden by the General Assembly. (See separate story)

"Gov. Taft is the least popular governor in America," Quinnipiac University Polling Institute Assistant Director Peter Brown said in a news release. "So it is ironic that as he leaves office he has strong public support on two critical questions."

Respondents to an open-ended question in the poll pegged the economy (44&) as "the most important problem facing the state today" followed by education (16%) and taxes (6%).

The survey of 1,027 Ohio voters was conducted Dec. 4-10 and has a margin of error of plus- or minus- three percentage points, according to the poll.

FORMER SENATE AIDE JOINS MEDICAL ASSOCIATION GOVERNMENT STAFF

Sara Kaminski, a former aide assigned to Sen. Kim Zurz, has been named political affairs coordinator at the Ohio State Medical Association, the group announced Tuesday.

Ms. Kaminski, a graduate of Bowling Green State University, was a Legislative Service Commission intern assigned to Sen. Zurz. In the new role, she will manage the OSMA's PAC and assist the government relations staff with issues involving the practice of medicine and care of patients.

SUPPLEMENTAL AGENCY CALENDAR

The Board of Regents will meet Thursday, December 14 at 11 a.m. in 36th Fl., 30 E. Broad St., Columbus (This is a meeting of the Chancellor Search Subcommittee).

The Tobacco Prevention Foundation will meet Thursday, December 14 at 11 a.m. in Suite 310, 300 E. Broad St., Columbus (The Government Relations Committee meets at 11 am; the Executive Committee meets at 11:30 am).

The Rail Development Commission will meet Tuesday, December 19 at 10 a.m. in 31st Fl., 77 S. High St., Columbus.

The Transportation Review Advisory Council will meet Wednesday, December 20 at 1:30 p.m. in ODOT Central Office, 1980 W. Broad St., Rm. GB, Columbus.

SUPPLEMENTAL POLITICAL PLANNER

Release of Quinnipiac University poll on Ohioans' attitudes about Wal-Mart, Wednesday, December 13 at 9 a.m.

Dedication of portrait honoring Justice Herbert Brown, Ohio Judicial Center, 65 S. Front St., Columbus, Wednesday, December 13 at 1:30 p.m.

Ohio Association of REALTORS Winter Conference, Hyatt Regency Columbus, 350 N. High St., Columbus, Sunday, Jan. 14-16.

SUPPLEMENTAL NOTICE OF LEGISLATIVE COMMITTEES

WEDNESDAY, DECEMBER 13

House Judiciary, (Chr. Willamowski, 466-9624), Rm. 122, 10 am

SB 117 CRIMINAL FINDINGS  (Mallory)  To provide that a final judgment, entered after a trial or upon a plea of guilty in certain criminal actions generally precludes the offender from denying any fact essential to sustain that judgment when entered in evidence in a civil proceeding that is based on the criminal act.  (Possible vote)  Full Text

Senate Ways & Means & Economic Development, (Chr. Amstutz, 466-7505), Rm. 110, 10 am-CANCELED

Senate Health, Human Services & Aging, (Chr. Coughlin, 466-4823), Rm. 110, 2:30 pm or after session

--Added to the agenda:

HB 239 ABORTION PROHIBITION  (Schneider)  To declare that it is the public policy of the state to prefer childbirth over abortion, to permit any person to petition a court of common pleas for an order enjoining the operation of a health care facility without a license, to modify the laws governing public funding of abortions, and to prohibit the use of funds appropriated for genetic services to be used for abortion-related purposes.  (1st Hearing-All testimony-Pending referral)  Full Text

HB 272 PUBLIC EMPLOYEES RETIREMENT SYSTEM  (Schneider)  Regarding the Public Employees Retirement System.  (1st Hearing-All testimony-Pending referral)  Full Text

Senate Insurance, Commerce & Labor, (Chr. Stivers, 466-5981), North Hearing Rm., 4 pm

--Added to the agenda:

HB 187 CIVIL SERVICE REVIEW  (Buehrer)  To implement recommendations of the Civil Service Review Commission.  (1st Hearing-Sponsor-Pending referral)  Full Text

HB 487 CONSTRUCTION CONTRACTS  (Widener)  To specify that an owner, part owner, or lessee of real property, with respect to a home construction contract, must record a notice of commencement only if required by a lending institution, to stipulate that a notice of commencement for a home construction contract expires six years after it is recorded, and to permit court costs and reasonable attorney fees to be included in damages an owner may recover from a lienholder who refuses to release the lien after the owner makes full payment and to stipulate for all types of liens that a mortgage is considered filed first if a mortgage and notice of commencement are filed on the same day.  (1st Hearing-Sponsor-Pending referral)  Full Text

SB 401 MINIMUM WAGE  (Stivers)  To implement Section 34a, Article II, of the Constitution of the State of Ohio and to declare an emergency.  (2nd Hearing-All testimony)  Full Text

THURSDAY, DECEMBER 14

House Criminal Justice, (Chr. Latta, 466-8104), Hayes Rm. (114), 9 am

--Agenda to be announced

Senate Environment & Natural Resources, (Chr. Niehaus, 466-8082), South Hearing Rm., 9 am

HB 443 DNR OPERATIONS  (Uecker)  To revise the statutes governing the Department of Natural Resources.  (2nd Hearing-All testimony-Possible vote)  Full Text

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REPORT NO. 236, VOLUME 75-- TUESDAY, DECEMBER 12 2006

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

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