Columbus, Ohio – Governor Ted Strickland today signed several bills passed in the 127th General Assembly.
Strickland also vetoed three bills: Am. Sub. SB 380, HB 649 and Sub. HB 196. His veto messages are below.
Signed House Bills
Substitute House Bill 7
State Rep. Tom Brinkman sponsored Sub. HB 7, which modifies the law regarding adoption and the custody of abused, neglected or dependent children.
House Bill 74
State Rep. John Schlichter sponsored HB 74, which makes invading the privacy of or spying on a nude minor for the purpose of sexual gratification a felony of the fifth degree.
Substitute House Bill 79
State Rep. Bill Batchelder sponsored Sub. HB 79, which makes changes to the Bureau of Workers’ Compensation Council (WCC) and specifies that an employer group is considered one employer for purposes of workers' compensation group rating.
Substitute House Bill 129
State Reps. Clyde Evans and Todd Book sponsored Sub. HB 129, which authorizes a pilot program that allows members of the Ohio Development Disabilities Council, the Ohio Statewide Living Council, the Governor’s Council of People with Disabilities and the facility government board and judicial advisory board governing the STAR Community Justice Center to hold meetings by teleconference.
House Bill 130
State Reps. John White and Tyrone Yates sponsored HB 130, which contains provisions that strengthen reentry and community sanctions, reduce state operating costs, and streamline state administrative practices and procedures, in particular for the Ohio Department of Rehabilitation and Correction and the Department of Youth Services.
House Bill 209
State Rep. Anthony Core sponsored HB 209, which expands the offense of “sexual battery” to prohibit a peace officer from engaging in sexual conduct with a minor who is not the officer’s spouse if the relationship between the officer and minor arose during official peace officer duties.
Am. Sub. House Bill 215
State Rep. Thomas Collier sponsored Am. Sub. HB 215, which regulates salvia divinorum and salvinorin A as controlled substances. The bill also enhances penalties for certain vehicle-related offenses that involve the death of another.
House Bill 266
State Rep. Matt Huffman sponsored HB 266, which adjusts the composition of veterans memorial boards of trustees to be more flexible.
House Bill 273
Minority Leader Joyce Beatty and House Speaker Jon Husted sponsored HB 273, which designates certain highways as memorial highways and creates special military and veterans license plates.
Substitute House Bill 280
State Rep. Michelle Schneider sponsored Sub. HB 280, which requires that facilities that perform abortions display signs and enhances the criminal penalty for causing or attempting to cause physical harm to a pregnant family or household member with the knowledge that the person is pregnant. In addition, Sub. HB 280 makes additional changes to the law regarding human trafficking and assault on a pregnant woman.
Substitute House Bill 318
State Rep. Bob Gibbs sponsored Sub. HB 318, which makes changes to provisions that govern how county and township roads are placed on a non-maintained status.
Substitute House Bill 320
State Rep. Shannon Jones sponsored Sub. HB 320, which requires a vehicle booster seat for children between the ages of 4 and 8 years old and shorter than 4 feet 9 inches tall, and makes a violation of this requirement a secondary traffic offense.
Am. Substitute House Bill 395
State Rep. Jim Hughes sponsored Am. Sub. HB 395, which amends the Ohio Revised Code to generally exclude a spouse’s social security benefits from a divorce court’s jurisdiction.
Sub. House Bill 427
State Rep. Shawn Webster sponsored HB 427, which modifies the definitions of "marriage and family therapy" and "practice of marriage and family therapy" to resolve an inconsistency regarding the scope of practice. The bill clarifies that these definitions include the diagnosis and treatment of mental and emotional disorders. In addition, the bill increases the training a person must complete to obtain a license to practice as a marriage and family therapist or an independent marriage and family therapist.
House Bill 435
State Reps. John White and Michael DeBose sponsored HB 435, which modifies the duties of the Governor’s Office of Faith-Based and Community Initiatives and requires the office to assist local, state and federal agencies in coordinating activities to secure maximum use of funds and efforts that benefit people receiving charitable services from organizations.
Am. Substitute House Bill 444
State Rep. Jimmy Stewart sponsored Am. Sub. HB 444, which redefines construction licensing laws for contractors. The bill removes the requirement that a contractor must perform specified construction work for compensation in order to receive licensure and requires that a contractor’s license is assigned to one business entity with whom the individual is associated as a full-time officer, proprietor, partner or employee.
Am. Substitute House Bill 450
State Rep. Bruce Goodwin sponsored Am. Sub. HB 450, which permits a member of the armed services or the Ohio National Guard who is under 21 and has received firearms training to purchase a handgun. The bill also clarifies the residency criterion for the concealed carry license and grants certain veterans and their families who relocate to Ohio immediate eligibility for in-state tuition at state institutions of higher education.
Substitute House Bill 471
State Rep. Arlene Setzer sponsored Sub. HB 471. The bill authorizes courts to require certain persons who engage in menacing by staking to wear electronic monitoring devices. Sub. HB 471 also revises the Coroner’s Law to specify that certain records about a deceased individual as a part of a criminal investigation are not public record but remain part of the records of the coroner that must be made available upon request to next of kin and insurers. It also authorizes coroners to hire local law enforcement officers as investigators and to dispose of dangerous drugs found at scenes of investigation if the drugs are no longer needed for investigatory or scientific purposes.
Substitute House Bill 493
State Rep. David Daniels sponsored Sub. HB 493, which establishes specific billing guidelines for anatomical pathology services, ensures heath care benefits are fully applied and equal during cancer clinical trials, and ensures that health care benefits apply to injuries resulting from the use of alcohol or drugs. Additionally, the bill provides most favored nation clauses in health care contracts.
Substitute House Bill 500
State Rep. Jim Hughes sponsored Sub. HB 500, which establishes standards for self-extinguishing cigarettes in Ohio and authorizes the State Fire Marshall’s Office to monitor and enforce these standards along with the Ohio Attorney General’s Office. Additionally, Sub. HB 500 establishes the New African Immigrants Commission to gather and disseminate information regarding issues and programs concerning sub-Saharan African people, and creates an interagency council to facilitate the exchange of that information.
Am. House Bill 503
State Rep. John Peterson and State Rep.Tom Letson sponsored Am. HB 503, which modifies the educational requirements and practical experiences acceptable to the State Board of Psychology for admission to the psychologist licensure examination.
Am. House Bill 522
State Rep. Scott Oelslager sponsored Am. HB 522, which establishes specific requirements under the “Uniform Management of Institutional Funds Act” regarding the management, investment and appropriation of institutional funds under the control of charitable institutions.
Substitute House Bill 525
State Rep. Courtney Combs sponsored Sub. HB 525, which increases the mileage reimbursement rates that may be paid to witnesses in civil cases and state adjudication hearings; requires a standard format for certain documents provided to county records for recordation; and authorizes the chancellor of the Board of Regents to enter into an agreement with private entities to provide access to free career information on the chancellor’s Web site.
Substitute House Bill 529
State Rep. Lynn Wachtmann sponsored Sub. HB 529. The bill specifies the purposes for when and how an anatomical gift can be made and by whom may be donors and may accept donations. Sub. HB 529, in general, enacts the 2006 version of the Revised Uniform Anatomical Gift Act into Ohio law.
Substitute House Bill 648
State Rep. Shannon Jones sponsored Sub. HB 648, which requires state agencies, including the Ohio Department of Taxation, to adopt specific rules regarding the access to confidential, personal information contained on state databases, and creates civil and criminal penalties for intentional violations of the rules. Additionally, Sub. HB 648 specifies occurrences in which state databases can be properly searched and accessed.
Signed Senate Bills
Substitute Senate Bill 147
State Sen. Keith Faber sponsored Sub. SB 129, which extends the Department of Rehabilitation and Correction’s authority to establish a loan repayment program for the recruitment of physicians to include nurses, dentists, optometrists and psychologists.
Substitute Senate Bill 196
State Sen. Tim Schaffer sponsored Sub. SB 196, which revises the Preneed Funeral Contract Law and exempts the requirement that health insurers cover routine patient care administered during a cancer clinical trial from the requirements regarding mandated health benefits review. In addition the bill includes a provision that allows insurance agents to sell or solicit the sale of insurance policy or annuity that will be used to fund a preneed funeral contract.
Substitute Senate Bill 243
State Sen. Tim Schaffer sponsored Sub. SB 243, which distinguishes certain highways as memorial highways, creates new styles of license plates, and officially designates certain days and months.
Am. Substitute Senate Bill 248
State Sen. Steve Austria sponsored Am. Sub. SB 248, which establishes a public records exemption for Armed Forces discharges and alters other laws and benefits affecting specified Armed Forces personnel. The bill requires state higher education institutions to charge in-state tuition rates to nonresident members of the armed forces and their dependents stationed in Ohio and excuses any member or spouse from jury duty if that member is on active duty.
Senate Bill 269
State Sen. Robert Schuler sponsored SB 269, which prohibits any person from advertising or conducting a live musical performance or production in Ohio through the use of false, deceptive or misleading association between a performing group and recording group and assesses a penalty when the prohibition is violated.
Substitute Senate Bill 277
State Sen. Steve Stivers sponsored Sub. SB 277, which creates a new reason for action in the environmental division of a municipal court to assist in abating nuisance properties. In addition, it allows the municipal corporation to notify the taxing authority of each taxing unit in which the blighted parcel is located that the municipal corporation is proceeding to foreclose the lien.
Substitute Senate Bill 279
State Sen. Kirk Schuring sponsored Sub. SB 279, which revises certain State Medical Board licensing procedures, registration and renewal procedures for physicians and podiatrists, and the process of submitting hospital performance measures. The bill includes an emergency clause and is effectively immediately.
Substitute Senate Bill 320
State Sen. Bill Seitz sponsored Sub. SB 320, which makes changes to the Ohio Corrupt Activities Law to include “organized retail theft” as “corrupt activity.” SB 320 also addresses alcohol beverage franchise agreements and restitution for theft of rented property or services.
Substitute Senate Bill 353
State Senator Robert Spada sponsored Sub. Senate Bill 353, which authorizes the creation of land reutilization corporations by counties with a population of 1.2 million or more. The County Land Reutilization Corporations will be nonprofit entities that can promote, develop, manage and facilitate the reclamation, holding, rehabilitation and reutilization vacant, abandoned, tax-foreclosed or other real property. Sub. SB 353 also requires port authorities to conduct public hearings on all future development plans.
Senate Bill 372
State Sen. Tom Niehaus sponsored SB 372, which extends the time by which environmental audits must be completed in order to be within the scope of certain privileges and immunities that apply to such audits from January 1, 2009, to January 1, 2014. The bill contains an emergency clause and is effective immediately.
Senate Bill 386
State Sen. Tim Grendell sponsored SB 386, which requires that coal mining and reclamation permits be issued or denied by the Ohio Department of Natural Resources within 240 days of application submission.
Vetoed Bills
Amended Substitute Senate Bill 380
Governor Ted Strickland vetoed Am. Sub. SB 380, which proposed changes to Ohio elections laws.
Governor’s veto message:
“Under Section 16, Article II of the Ohio Constitution, when the General Assembly adjourns sine die, preventing return of a bill to the General Assembly, the bill becomes law unless, within ten days after such adjournment, it is filed by the Governor with the Governor’s objections in writing, in the office of the Secretary of State. The 127th General Assembly adjourned sine die on Tuesday, December 30, 2008. Senate Bill 380 was subsequently presented to me on Wednesday, December 31, 2008. The adjournment of the 127th General Assembly has prevented my return of the bill and written objections to the house of origin. As such, this statement of my decision to veto Amended Substitute Senate Bill 380, along with my written objections to it, below, will be filed with the Secretary of State.
I disapprove of the enactment of Amended Substitute Senate Bill 380 and have the following objections to it. The bill addresses issues that are too complex and controversial to properly address in a lame duck session, including: the operation of the statewide voter registration database, the role of election observers, the overlap between voter registration and early voting, and the appointment of county board of elections members. In my judgment, many of the provisions are overbroad and may make elections administration even more difficult, potentially limit opportunities for Ohio citizens to vote and expose the Secretary of State’s office and boards of elections to the risk of new and costly lawsuits.
I remain supportive of a deliberative, bipartisan process to craft meaningful improvements to Ohio’s elections system. Ohio voters deserve the thoughtful administrative and legislative changes that can come out of such a process.”
House Bill 649
Governor Ted Strickland vetoed HB 649, which proposed requiring the Director of Veterans Services to implement and administer a compensation program for active duty armed services members who served the Persian Gulf, Afghanistan and Iraq conflicts through the use of Budget Stabilization Funds.
Governor’s veto message:
“Under Section 16, Article II of the Ohio Constitution, when the General Assembly adjourns sine die, preventing return of a bill to the General Assembly, the bill becomes law unless, within ten days after such adjournment, it is filed by the Governor with the Governor’s objections in writing, in the office of the Secretary of State. The 127th General Assembly adjourned sine die on Tuesday, December 30, 2008. House Bill 649 was subsequently presented to me on Wednesday, December 31, 2008. The adjournment of the 127th General Assembly has prevented my return of the bill and written objections to the house of origin. As such, this statement of my decision to veto House Bill 649, along with my written objections to it, below, will be filed with the Secretary of State.
I disapprove of the enactment of House Bill 649 and have the following objections to it. Although bonuses have certainly been earned by our Ohio veterans who have served in the Persian Gulf, Iraq and Afghanistan military operations, financing them with the Budget Stabilization Fund in the state’s current economic climate is simply not fiscally sound. The people of Ohio have a long history of providing bonuses to Ohio veterans through bonding and this symbol of support, and the more responsible method of financing it, should be continued today. I remain committed to working with the Ohio General Assembly and the Treasurer of State to bond this important benefit for our Ohio veterans.”
Substitute House Bill 196
Governor Ted Strickland vetoed Sub. HB 196, which proposed authorizing income tax credits for investments in motion pictures produced in Ohio.
Governor’s veto message:
“Under Section 16, Article II of the Ohio Constitution, when the General Assembly adjourns sine die, preventing return of a bill to the General Assembly, the bill becomes law unless, within ten days after such adjournment, it is filed by the Governor with the Governor’s objections in writing, in the office of the Secretary of State. The 127th General Assembly adjourned sine die on Tuesday, December 30, 2008. House Bill 196 was subsequently presented to me on Wednesday, December 31, 2008. The adjournment of the 127th General Assembly has prevented my return of the bill and written objections to the house of origin. As such, this statement of my decision to veto Substitute House Bill 196, along with my written objections to it, below, will be filed with the Secretary of State.
I disapprove of the enactment of Substitute House Bill 196 and have the following objections to it. Substitute House Bill 196 provides for the issuance of up to $100 million per year in transferable film tax credits during an historic economic downturn and when the state has made $1.9 billion in budget adjustments this biennium and faces a potential deficit of more than $7 billion in the next budget. With future revenues highly uncertain, a commitment of such a substantial amount outside the context of budget deliberations is unwise and seriously weakens the state’s flexibility in making budgetary decisions.
A transferable credit may change hands many times, making accurate tax administration cumbersome and expensive. It is also an inefficient way to subsidize an industry, as much of the credit will be realized by those who are not involved in the film industry, such as credit brokers.
The experience of other states suggests that the return on investment with a film tax credit is a weak 14 to 20 cents on the dollar, making the credit a very expensive means of creating jobs. Given the uncertainties in our economy and revenues, I do not believe an expensive, new, and difficult-to-administer tax credit should be adopted outside the context of budget deliberations.”