SENATE URGED BY ODOT NOT TO REDUCE DIESEL TAX OR MAKE PORTION OF GAS TAX HIKE CONTINGENT ON LACK OF FEDERAL MONEY

Incentives for local governments to gain funds from increased gas taxes is out, but a rollback of the three-cent surcharge on diesel fuel is in the plans for Senate changes to Governor Bob Taft's proposed $5.9 billion transportation budget (HB 87), Senate President Doug White (R-Manchester) said Thursday.

Later in the day, Department of Transportation Director Gordon Proctor objected to the latter change and a plan to make the third of three planned two-cent gas tax increases contingent on the lack of certain federal funds. (See Ohio Report No. 54, March 19, 2003)

The gas tax proposal is still a work in progress. Senator White said he has instructed Highways & Transportation Committee Chairman Jeffry Armbruster (R-N. Ridgeville) to try and craft acceptable "trigger" language that would waylay the final two-cent increase if $140-$150 million in new federal funds were received in the interim.

U.S. Senator George V. Voinovich has introduced legislation to diminish Ohio's status as a "donor" state for the federal gas tax and the bill would increase from 85 cents to as much as 95 cents on every dollar the state sends the U.S. government. Also underway is an effort to recapture funds Ohio loses due to the use of ethanol as a gas additive.

The gas tax provision's likelihood of insertion into the bill "depends on what kind of language that can be put in there," Senator White said in an interview. "We don't want to do anything that can easily jeopardize that two cents." The Senate president said members of his caucus, many of whom are leery about raising gas taxes at this time, embraced the proposal. "In concept it seems like a good idea," he said.

Mr. Proctor in a memorandum sent to Senator Armbruster Thursday said otherwise. Along with an amendment pushed by the Ohio Trucking Association to phase out the three-cent diesel fuel surcharge, the contingency plan "would cost ODOT $125 million of its proposed $250 million state major new construction package," the director said. The surcharge rollback would eventually cost the state some $35 million in foregone annual revenue.

"The intent of the proposed package was to ensure a minimum $250 million Major New Construction program, regardless of what happens at the federal level. The certainty would allow ODOT to inform communities in the near future that it can proceed with their critical projects," Mr. Proctor wrote. "If the tax is reduced from six cents to four cents, we are left with the controversy of raising taxes without the certainty that we can commit to many projects."

Mr. Proctor said of the proposed reduction in diesel fuel taxes, "This diesel surcharge was intentionally enacted by an earlier General Assembly to do two things. First, it replaced a burdensome 'axle mile' tax that created a paperwork problem for truckers. Secondly, it recognized the increased damage and costs caused by trucks."

While at least the diesel tax proposal appears to be a sure thing for the bill, Senator White all but ruled out a proposal to tie new local government funding from the gas tax increase to local efforts to raise permissive license tag fees. "It appeared to complicated from my perspective," he said.

The measure is slated for a committee vote next Tuesday and a floor vote next Wednesday. The Senate and House have set tentative session days for later in the week in case of the need to adopt a conference committee report on the measure, which must be passed by April 1.

Senator White said he has discussed the proposed changes "in concept" with Speaker Larry Householder (R-Glenford) but is unsure if a conference committee can be avoided. "There's going to be some concerns and very probably we'll be in conference to talk about some things," he said, but added: "Larry and I have an innate feeling that each of us wants to avoid conferences."

Speaker Householder said Wednesday he was sure any differences on the bill could be worked out quickly.

CHARTER SCHOOL PROPOSAL BY MINSTER DISTRICT COULD PROMPT LAW CHANGES: CHARTER GROUP WANTS ACCESS TO PARITY AID

A northwest Ohio public school system's bid to become a chartered district that would receive more state funding and be subject to fewer regulations has lawmakers looking to "tighten" related statutes.

After Minster Local School District's Board of Education voted unanimously this week to pursue a charter status, the Department of Education cast doubts on whether the proposal was legal. On Thursday, the matter came up in a hearing of the House Finance Primary & Secondary Education Subcommittee, which was fielding testimony from the Ohio Charter School Association.

Asked about his association's position on the Minster move, OCSA Executive Director Stephen Ramsey said his group had fielded several questions from other districts considering the same option and would not be opposed if a district was pursuing a transition for the "right reasons," such as improved educational opportunities for students. However, he expressed concerns that districts would want to become a charter for only financial reasons, and said the association was against such proposals if systems were just looking to avoid local levies.

Chairman Jon Husted (R-Kettering) raised some eyebrows when he suggested that in districts where citizens were looking for choices in education, perhaps more types of choices such as vouchers should be offered. In a later interview, he said a more likely amendment to the biennium budget bill the committee is reviewing (HB 95) could address the Minster proposal by requiring districts that want to become charters to use their locally-voted funding before accessing state money - a move that could severely hamper Minster's quest to gain more state funding without seeking a levy.

However, Minster Superintendent Hal Belcher said in an interview Thursday that the district would continue to exist, and would rather serve as the sponsor of the charter district and be the contractor for education services. Asked about the potential for the General Assembly to try and detour Minster's plan, Mr. Belcher said, "The state has done absolutely nothing" to fix the education funding system in recent years "so why would it surprise me that they would throw a roadblock up."

Mr. Belcher said the district would receive $5,058 per pupil under the charter plan instead of the $1,606 it currently receives. Even though the district is among the top performing academic-wise in the state, he said, "What we are doing this for is to improve our educational program." Mr. Belcher said the district couldn't afford to hire the personnel it needs, especially considering the new middle school that will open next year.

"At this point we will continue until we find reasons not to continue," Mr. Belcher said of the charter conversion effort.

Mr. Husted stated that he was supportive of efforts to convert some schools to charters, but in the case of Minster's plan some law changes may be in order. "We will have to address the funding component of that," he said, adding the state could allow such conversions but the Legislature "would just have to tighten the language so it isn't misused."

The chairman, however, also expressed doubts that Minster would follow through on its proposal. "They're just trying to make a point," he said, but added: "They might not like the Pandora's Box they've opened after they've looked inside."

The charter association executive director told panelists that the lack of access to Ohio School Facilities Commission capital funds by charter schools was among many factors that add to a funding "gap" for the startups, pointing to a Legislative Office of Education Oversight report that highlighted funding differences. "The single largest inequity between districts and charters is the plain and simple fact that charter schools have no access to the local property tax base," Mr. Ramsey said.

Mr. Ramsey asked panelists to consider budget amendments that would provide charter schools access to "parity aid," the extra pool of funds dedicated to poorer districts, and to add an earmark in the ODE budget for charter schools to pay for training and accountability requirements passed last session (HB 264, 124th General Assembly).

HOUSE PANEL TO HAVE TAX REFORM RECOMMENDATIONS BY EARLY APRIL; LANGUAGE TO BE INSERTED IN FY 2004-05 BUDGET BILL

The House Ways & Means Committee has put together an aggressive meeting schedule and expects to complete hearings on tax reform proposals by early April to allow language to be drafted for inclusion in the biennial budget bill (HB 95) that is scheduled for a full House vote on April 9.

Following a Thursday morning presentation by Tax Commissioner Thomas Zaino on recommendations made by the Committee to Study State and Local Taxes on the state's corporate franchise and tangible personal property taxes, Committee Chair Rep. Sally Conway Kilbane (R-Rocky River) announced the committee would meet both Tuesday and Wednesday nights next week in addition to its regular Thursday meeting to complete discussions of the business tax base and sales and income taxes before making specific recommendations for inclusion in the budget bill. "We will be done by April 1," she told committee members and a packed hearing room of business, financial institution, utility company and local government representatives.

Ms. Kilbane has stated previously that she aims to promote many components of the study committee's recommendations, including proposed changes to the income, sales and corporate tax structure. Another aim is the elimination of the tangible personal property tax, which could be replaced with another type of tax although administration officials Thursday expressed doubts that the House could pull it off given the remaining short time frame involved in the processing of the budget bill. Apparently under consideration is a reduction in the number - nine at present - of state personal income tax brackets that, although revenue neutral, could address so-called "bracket creep."

The study committee recommended eliminating the tangible personal property tax and replacing it with a "broad-based, low-rate tax" that could be based on Ohio sales, property and payroll of a business. Another suggestion for the replacement tax would base it simply on gross receipts. But the inherent difficulties involved in eliminating the tangible personal property tax, considered an anti-competitive component of Ohio's tax code, include the reliance on its revenue by school districts and local governments. As such, Governor Bob Taft's administration largely steered clear of any major proposals in that regard, although the budget does call for changes in other property tax laws such as: an accelerated phase-out of the inventory tax; a 10-year phase-out of the $10,000 personal property tax exemption reimbursement to local governments; the elimination of filing requirements for the exemption; a reduction in the commercial and industrial property tax rollback from 10% to 5%; and a $1 million value cap on the rollback for homes.

As a replacement for the tangible personal property tax a so-called "factor" tax is being proposed to broaden the base. The factor tax would be based 60% on sales, and 20% each on property and payroll. Ms. Kilbane said that during the deliberations of the Tax Study Committee, business was in favor of broadening the base and lowering the rate, but now oppose the factor tax now that it has been officially unveiled. "I feel like I'm in la-la land here," she said.

Mr. Zaino presented the committee with a primer on business tax issues and other recommendations made by the tax study committee, many of which were adopted by Governor Taft as part of his "tax reform" package presented with the biennium budget bill. The inclusion of those provisions is largely responsible for the unusually large size of the document, at more than 2,400-plus pages.

On the corporate side, Mr. Zaino noted the study committee made several recommendations. They include: the adoption of a combined or unitary income tax filing base; the elimination of a "substantial portion" of special interest deductions and tax credits; an increase in the net worth cap; an adjustment of franchise tax brackets; the adoption of more standardized treatment of business and nonbusiness income; and the retention of net operating loss deductions.

Mr. Taft's budget plan would increase the net worth cap from $150,000 to $50,000 and would increase the minimum tax for businesses from $50 to $300. It would lower over three years the corporate franchise rate of 8.5% to 7% in tax year 206.

During an afternoon committee session, Zach Schiller, director of research of Policy Matters Ohio, reported on a study conducted by his Cleveland-based research institute. He said the state's corporate franchise tax has become a weaker contributor to the state budget, down from 16% of taxes supporting the General Revenue Fund in the mid-1970s to 4.6% in 2002. Mr. Schiller noted, however though increases in collections from other taxes are a major reason for collections remaining relatively stable, revenues from the corporate franchise tax have now declined for a fourth fiscal year in a row.

Mr. Schiller added that a number of factors have contributed to the drop including "legal" corporate tax avoidance and allowing multi-state companies to reduce their Ohio income, subject to the tax, by buying goods and services from out-of-state subsidiaries. He further noted that the franchise tax also is declining because new businesses often are organized so that they escape it: for example limited liability companies and other pass-through entities do not pay the corporate franchise tax as the tax on the income they generate is paid under the personal income tax by their individual owners.

Mr. Schiller proposed ways to help curb corporate tax avoidance including requiring large corporations to disclose their corporate franchise tax returns, require mandatory combined reporting, repealing the $150,000 net-worth cap, which he said discriminates in favor of large companies, consider the enactment of a "throwback" rule so that the Ohio corporate franchise tax would cover income from sales made by Ohio producers in other states where they are not subject to corporate income taxes and adopt a moratorium on creation of new types of tax credits and create stricter standards for the award of existing ones.

Dan Navin, managing director of legislative affairs for the Ohio Chamber of Commerce, said a number of the tax proposals in the budget bill are problematic to Ohio corporations including raising the net worth cap and increasing the net income tax rate on the first $50,000 of taxable net income. He said proposals for apportionment throwback, federal consolidated election and consequent denial of deductions for any related party/inter-company transaction on a separate return, alternative apportionment methods of special circumstances and the so-called factor tax are most troubling.

Although lacking in details regarding the factor tax and how it would specifically impact chamber members, Mr. Navin told the committee the initial reaction based on information generated as part of the Tax Study Committee deliberations is "decidedly" negative. "Because a three-factor - property, payroll and sales - factor tax depends on the same property as is taxed under both the personal property tax and net worth tax, it is difficult to see how it would spur or stimulate business investment, particularly by manufacturing or industrial companies that already have a substantial presence in Ohio," he said.

Rob Clary of the tax counsel office for Ford Motor Company, said the proposed factor tax would substantially increase the tax that Ford and its affiliates currently pay in personal property and net worth tax based on the company's presence in Ohio. Noting that Ohio is second only Michigan for the location of Ford manufacturing facilities, he said the increase would approach $55 million per year which would require significant cash payments, regardless of economic conditions. Mr. Clary told committee members the new tax burden could impact the competitive position of Ford's Ohio plants and high paying jobs connected with those plants. He added the proposed new tax would disproportionately impact manufacturers who have high sales, payroll and property, thereby shifting much of the tax burden to manufacturers.

Debbie Snellgrove, director of Taxes North American at Procter & Gamble, projected the proposed tax changes would increase P&G's tax liability in Ohio - already at $60 million per year - an additional 9%. Ms. Snellgrove suggested the replacement of the tangible personal property tax with a factor tax is "a tax on growth in Ohio." She said businesses will pay more tax as their sales grow adding that they would incur the tax twice - on the sales growth and on the additional investment in property and payroll which generated that sales growth. "P&G is concerned the true economic impacts of the proposals to replace the tangible personal property tax and broaden the franchise tax have not been fully evaluated. We believe these changes will discourage investment in Ohio," Ms. Snellgrove said.

Jeffrey Quayle of the Ohio Bankers League, said the changes contained in HB 95 are viewed by the banking industry as tax increases, not tax reform. He said many of the tax increases have specifically and unfairly targeted the industry and will impact every bank in every corner of the state.

Mr. Quayle pointed to a letter, previously sent to all member of the General Assembly by OBL President and CEO Michael M. Van Buskirk, indicating the OBL believes the Taft tax proposal would not accomplish its original goal of reducing taxes and rationalize the base in an attempt to retain existing and attract new businesses to the state. "If the Taft plan is enacted, many existing businesses and financial institutions in Ohio would seek planned business expansions elsewhere and those in other states would be forced to do the same," the letter read.

Prior to getting into the business tax issues, the committee completed testimony on municipal income tax collections and administration with a presentation from Greg Jackson, the state's Chief Information Office and assistant director of the Department of Administrative Services. Mr. Jackson assured committee members that the Ohio Business Gateway Project is working well to assist the 15,000 small and mid-sized employers with reporting and paying municipal income taxes who choose to use the Gateway Project. He said the system is not a tax administration system, but a single-source electronic gateway with all data, along with any payments, being immediately processed and transmitted to the local taxing units. He said no funds are collected by the state but payments electronically go directly from taxpayer to the municipality.

Mr. Jackson said the gateway project could service all levels of local government sophistication. He said reports can be mailed or faxed to local units for entry into their databases or the system can directly communicate and get the information directly into the local systems upon receipt.

SIX APPEALS COURT JUDGES AMONG APPLICANTS FOR SUPREME COURT APPOINTMENT; DEADLINE EXTENDED ONE WEEK

Six appellate court judges are among ten persons who have applied thus far for appointment to a vacancy on the Ohio Supreme Court that is expected to occur with U.S. Senate confirmation of Justice Deborah Cook to the 6th U.S. Circuit Court of Appeals. Governor Bob Taft on Thursday extended the deadline for submitting applications to Friday, March 28.

"A few people who are interested in applying asked for more time to fill out the questionnaire," said Orest Holubec, Mr. Taft's spokesman. Mr. Holubec said that because a Senate vote on Justice Cook's nomination does not appear likely within the next week, Mr. Taft decided to extend the deadline which originally was March 21.

The governor's office identified the appeals court judges who have applied for the appointment as: former state Rep. William Batchelder, 9th District; Judith Christley, 11th District; Michael Corrigan, 8th District; Richard Knepper, 6th District; Mark Painter, 1st District; and Stephen Powell, 12th District.

Additional applicants include: Attorney Gerald Draper; Judge Sylvia Sieve Hendon of Hamilton County Juvenile Court; former appeals court judge and Supreme Court candidate Terrence O'Donnell; and Attorney Robert Solomon.

Governor Taft will accept applications from any eligible individual, and nominations from any source. Each eligible applicant must complete a Judicial Vacancy Questionnaire and submit a resume. Mr. Taft's Chief of Staff Brian Hicks and Chief Legal Counsel Judith French will review all applications and nominations and make a recommendation to the governor. Applicants may be interviewed for the appointment.

Any lawyer with at least six years experience is eligible to serve as a judge, so long as they are younger than age 70 on the day of their appointment or election.

Being willing and able to run for election is one of the additional criteria the governor's office said the successful candidate for appointment to Justice Cook's seat must demonstrate. Among other qualifications for the appointment: demonstrated impartiality, integrity and judicial temperament; exceptional professional skill and legal experience; a commitment to community; and a strong sense of social and moral responsibility.

ELECTIONS COMMISSION FINDS VIOLATION BY TAFT CAMPAIGN; DROPS LEGISLATIVE FALSE STATEMENT CASES

The Ohio Elections Commission concluded Thursday that Governor Bob Taft's campaign accepted excessive contributions from a law firm's political action committee and violated law by not returning the extra funds within the time required by law. The campaign was not fined for the violation.

The commission also Thursday dropped a handful of complaints and counter-complaints involving a several contentious Ohio Senate campaigns last year. Also dismissed was a complaint that former state Rep. Bryan Flannery filed against Ken Blackwell in the fall campaign for secretary of state.

The Taft violation involves the campaign's acceptance of excessive funds from the Calfee, Halter & Griswold LLP Fund for Good Government. OEC Executive Director Philip Richter said the contributions - made over an extended period of time - exceeded the permissible $2,500 contribution for the primary and general election cycles.

Mr. Richter noted that the campaign was notified of the issue, but didn't return the money in the time required by law. Taft spokesman Orest Holubec said Thursday the violation was a "mistake. As soon as it was brought to our attention, it was fixed," he said.

Separately, the commission dismissed at the requests of the parties complaints regarding false statements in Senate races involving Republican Senators David Goodman of Bexley, Jeffry Armbruster of North Ridgeville and Kevin Coughlin of Cuyahoga Falls. In each campaign, campaign representatives accused opposing candidates of making false statements. Mr. Flannery also opted to dismiss a complaint he filed against Mr. Blackwell.

JUDGES VOLUNTEER TO TEST INNOVATIONS INTENDED TO MAKE JURY SERVICE MORE REWARDING

The Ohio Supreme Court said Thursday that 50 judges have volunteered to take part in a pilot project to help a court study panel test innovative techniques intended to make jury service more rewarding and help jurors understand the evidence and law presented to them during trials.

Judge Joseph Clark of Fairfield County Common Pleas Court said the six to eight month long project beginning in April will use and evaluate practices that allow jurors to play a more active role as fact-finders in the cases they decide. Judge Clark is chairman of the Supreme Court Task Force on Jury Service.

Most of the participating judges will be in Columbus on Friday to participate in a day-long training seminar at which they will have an opportunity to share information, simulate some of the non-traditional practices they will be testing, and review materials prepared by the task force to help them correctly apply the techniques.

During the pilot project, jurors will be permitted to take notes during court proceedings; submit their own potential questions for witnesses through the judge and trial counsel; receive and refer throughout a trial to a juror notebook that includes important exhibits and court instructions; and receive the judge's jury instructions in writing as well as orally before beginning deliberations.

Among other departures from current practice: attorneys will be allowed to make mini-opening statements and provide interim commentary to jurors during trials. "Our mission is to help trial jurors be more effective and comfortable with the trial process, improve public willingness to serve on juries, equip trial jurors to be better informed about the cases they decide, and enhance public confidence and respect for the jury process and the justice system," Judge Clark said.

The 25-member task force will assemble and analyze input from all participating judges after the pilot project is completed and submit a report to the Supreme Court with findings.

PRISONS CHIEF CAUTIONS MORE CUTS COULD THREATEN SAFETY; DISCOUNTS 'ONE-HOUR' IDEA TO AVOID CLOSURE OF LIMA CORRECTIONAL INSTITUTION

The Department of Rehabilitation and Correction told a House panel Thursday any additional cuts in the agency's proposed FY 2004-05 budget could compromise safety in a prison system already under stress from previous spending cuts.

Director Reginald Wilkinson declined during testimony before the Transportation and Justice Subcommittee of the House Finance Committee to set a precise figure. "I'm not one to play Russian roulette with a number that might put us over the edge," he said. "The more we cut the closer we get to the point where institutional safety will be compromised. There is no magic number out there that would say 'this is the threshold you can't cross,' because it's a complicated formula."

Mr. Wilkinson acknowledged, in response to questioning from Rep. Ed Jerse (D-Euclid), that he had offered much the same assessment two years ago during hearings on the current biennial budget. "It's my point this time we can push ourselves dangerously close to that area," the director said. "In the spirit of what we said two years ago we could have been dangerously close if we hadn't done some other kinds of counter measures to prevent it. We're running out of counter measures."

Ohio's prison population peaked in July 1998 at 49,000 inmates; it now stands at just over 45,000 in 32 institutions, one of which-Lima Correctional Institution-is slated to close as a result of budget cuts. The department said the pending budget proposal reflects three years of attempts to reduce operating costs that include a 20% reduction in central office staffing, and eight layoff procedures, with a ninth schedule to begin in the Lima area soon.

"By the beginning of the coming fiscal year we will have reduced our workforce by nearly 2,000 employees and closed two prisons that incarcerated more than 3,500 inmates. We will have increased our level of inmate crowding to 126% of capacity and increased the ratio of inmates to employees in our prisons by one-third," Mr. Wilkinson said. Of the 2,000 person cut in the workforce, fewer than 200 are correctional officers.

Rep. Thomas Patton (R-Strongsville) suggested department leaders meet with employee union officials to discuss a potential alternative of which he had been made aware that would essentially involve an employee pay cut through a give-back of one hour per week. "We are looking at an extreme situation here...no stone should be left unturned," Rep. Patton said. "I would heartily recommend we take a look at that."

Director Wilkinson pointed out there has been no formal proposal along those lines, and the department is not the right agency to handle such a suggestion. "We couldn't authorize it even if we thought it was a good idea. We have put other measures on the table such as the roll call pay which was unilaterally dismissed immediately. There are no other options that we know of available to us today," he said. "The barn door is open. For us to reverse the process would cost us many millions more dollars."

Rep. Jerse questioned how the system could accommodate 45,000 inmates at institutions designed to hold 36,000 persons. Director Wilkinson cited double-celling as one example, noting the U.S. Supreme Court has declared the practice does not violate constitutional protections. In other cases, he said beds sometimes are set up in gymnasiums and day rooms. "We create spaces," Mr. Wilkinson said, explaining that crowding does not become unlawful until it bars inmate access to health and other services to which prisoners are entitled. "Even though we're crowded, we're not crowded to an unconstitutional level," he said.

Separately, an association of publicly operated community-based correctional facilities across the state said a 4% annual increase in the budget for such services could save the state millions of dollars over the biennium. The 18 community-based facilities are secure centers administered and operated by common pleas court judges.

Eugene Gallo of CorJus Inc., the organization that represents the facilities, pegged costs of keeping an inmate in a state prison at $22,000 annually, compared with $10,000 in a community-based facility. He said funding for community-based facilities for the current fiscal year was cut 4% from where it started, prohibiting them from operating at full capacity. "At the current funding amount our ability to maintain current prison diversion levels will be reduced. This reduction will result in an overburdened prison system," Mr. Gallo said.

CorJus said reducing the prison population by 700 inmates would save the state $8.4 million over the biennium. At 1,000 diversions, the savings would amount to $12 million. He said if the General Assembly would fund community-based facilities at $55 million in FY04 and $58 million in FY05, which would amount to increases of 4% over FY02, courts could place between 700 and 1,000 more offenders locally than at current funding levels.

SENATE ACTIVITIES OF THURSDAY, MARCH 29, 2003

INTRODUCED IN THE SENATE

SB 55 PUBLIC LIBRARIES (Randy Gardner) Am. & En. 3375 & 5705. Revises the bidding threshold for public improvements applicable to free public libraries; eliminates restrictions on group life insurance coverage offered by free public libraries to their employees; allows a board of library trustees to authorize its employees to use a credit card held by the library to pay for library business expenses and allows the county budget commission to waive certain requirements relating to tax budgets or estimates of contemplated revenue and expenditures in any county in which a single library receives all of the county library and local government support fund or receives all of that portion of the fund that is distributed to libraries.

SB 56 POWER SITING (Blessing) Am. & En. 4906. Changes the standard for modifying the time when a certificate application can be filed with the Power Siting Board; states the board's continuing jurisdiction to enforce a certificate from the date of issuance through the period of the facility's initial operation; authorizes the Board of its chairperson to order the suspension of an activity during the Board's consideration of a complaint about the activity and authorizes the Board to impose a forfeiture for a violation of power siting law.

OFFERED IN THE SENATE

SCR 5 ELECTION FUNDS (DiDonato) Asks the Congress of the United States to appropriate the necessary moneys to fully fund the Help America Vote Act of 2002 to assist states and units of local government in upgrading voting systems and assuring access to the polls for individuals with disabilities.

SENATE PRESIDENT'S APPOINTMENTS

Sunset Review Committee: Senators Spada (vice chair), Coughlin & Roberts

Council on Unreclaimed Strip Mined Lands: Senators Carnes, Hottinger & DiDonato

Midwest Interstate Passenger Rail Compact: Senator Armbruster

Correctional Institution Inspection Committee: Senators Austria, Jordan, Hagan & Mallory

Legislative Task Force on Redistricting, Reapportionment & Demographic Research: Senators White, DiDonato & Teri Geiger

ADOPTED IN THE SENATE

SR 180. Honorary resolution.

THE SENATE ADJOURNED UNTIL 1:30 P.M., TUESDAY MARCH 25, 2003 (FULL SESSION)

HOUSE ACTIVITIES OF THURSDAY, MARCH 20, 2003

HOUSE CALENDAR FOR TUESDAY, MARCH 25, 2003 (Session at 11 a.m.)

HB 50 HIT-AND-RUN PENALTY (Hughes) Increases the penalty for failure to stop after an accident if the violation caused the death of a person.

HB 81 COMMUNITY IMPROVEMENT CORPORATIONS (Core) Specifies that a community improvement corporation designated as the agency of a political subdivision may be authorized to take certain other actions on behalf of the political subdivision and retains certain statutory powers to do all things necessary or convenient to carry out its organizational purposes.

HCR 8 BLACK BRIGADE (S. Patton) Recognizes the service of the Black Brigade in the defense of Cincinnati in 1862.

HOUSE COMMITTEE REPORTS

BANKING, PENSIONS & SECURITIES

Bills Continued:

HB 32 UNIVERSITY OF AKRON EMPLOYEE RETIREMENT (Williams) Moves nonteaching employees of The University of Akron from the School Employees Retirement System to the Public Employees Retirement System.

Offering proponent testimony was former state Senator Roy Ray representing the University of Akron, who noted that the university is the only four-year state university whose non-teaching employees are SERS members. Mr. Ray noted savings that would be achieved by employees and the employer alike and pointed out that the university's law enforcement personnel already are members of the PERS law enforcement division. He said an earlier actuarial study concluded that the bill is affordable and shouldn't work a hardship on either retirement fund.

HB 63 PERS RETIREMENT EXCEPTION (Olman) Eliminates an exception to the law that keeps certain officials from receiving a Public Employees Retirement System pension while serving in an elective office.

Sponsor Olman said his proposal would help restore public trust in the state's elected officials who continue to take advantage of a law that was intended to provide an incentive to keep experienced teachers in the classroom. Mr. Olman said in the last election, 17 elected officials who disclosed 90 days prior to the general election that they would "retire" but also would seek election to a new term; two who were opposed for election were defeated, while the 15 others were election although none were opposed. He said in response to a question that while disclosure prior to a primary election of an elected official's intent to retire prior to the general election at which the official is seeking election to a new term in the same office might achieve the same end in terms of giving voters more information, he would rather eliminate the practice entirely to address the public perception that an official is "double dipping." In response to another question, he said that given laws governing private pensions and deferred compensation, the law probably couldn't been applied to individuals in the private sector who retire and then return to their former positions.

HB 98 PENSION FUND OPTIONS (Willamowski) Makes changes to the option benefit plans for retirants and the cost-of-living increases in the Public Employees Retirement System, State Teachers Retirement System, and School Employees Retirement System.

Lucas County Common Pleas Court Judge David Lewandowski offered proponent testimony on behalf of the Ohio Association Domestic Relations Judges, who explained that the bill represents continuing work on resolving issues associated with divorce proceedings and the division of assets held by the state's five retirement systems, only three of which are affected by the bill. He said the bill addresses the issue of survivorship rights of ex-spouses to help insure that an ex-spouse receives an appropriate share of a spouse's assets held by the three retirement funds. He added that the bill makes provision for including cost-of-living adjustments that increase the value of the asset in future years. In response to a question, Judge Lewandowski said that "hopefully" the two other pension funds "will see the light" and seek inclusion in the bill.

Also testifying as proponents were Columbus attorney Richard L. Innis, representing the Ohio State Bar Association, and David I. Kelley, a consultant who advises clients on the evaluation of pension funds. Mr. Innis said establishing rights of ex-spouses to public pension fund assets could eliminate a number of problems, including protracted litigation and possibly leaving the vested spouse cash poor following a divorce. "Anything that gives us a way to address" the issue, he said, could help reduce litigation. Mr. Kelley pointed out that the legislation doesn't seek more money but merely is asking "to cut up the pie more equitably." He too said he believes there could be reduced litigation if the bill is enacted.

HB 101 PERS LAW ENFORCEMENT (Willamowski) Includes municipal park rangers and township police cadets in the law enforcement division of the Public Employees Retirement System, provides for conversion by municipal park rangers and township police cadets of regular PERS service credit to PERS law enforcement service credit, and creates special provisions in the PERS for public safety officers. (No testimony)

ECONOMIC DEVELOPMENT & SMALL BUSINESS

Bill & Resolutions Continued:

HB 1 TECHNOLOGY TAX CREDITS (T. Patton) Increases the maximum amount of technology investments eligible for a tax credit, requires signatures on technology investment tax credit certificates and makes other changes

SJR 1 RESEARCH BOND ISSUE (Austria) Proposes constitutional amendment relating to science and technology based research and development purposes, including authorizing the issuance of general obligations of the state to pay costs related to those purposes.

Witnesses generally directed testimony to the two proposals that represent portions of Governor Bob Taft's Third Frontier high-tech economic development proposal.

David Scholl, president and CEO of Athens' Diagnostic Hybrids, Inc. lent support for the plan, saying his company is one that could have benefited from state assistance. He said his thriving company was at one point down to its last $10,000, noting that it now provides significant quality jobs for highly trained and people and Ohioans who hold nothing more than high school diplomas. He said he has had success in luring top-level managers to rural Ohio and said he has essentially established a job pipeline for many Ohio University graduates. "What we have is an opportunity to transform the state," he said.

Asked to rank the importance of different programs included in HB 1, Mr. Scholl said each effort would provide significant benefits at different times during the business development period. Rep. Michael Skindell raised concerns that Ohio may provide financial assistance to companies that would end up leaving the state. Mr. Scholl said such moves are possible - particularly given the potential for acquisitions - but said Diagnostic Hybrids is deeply committed to southeast Ohio.

Michael Petrecca of Pricewaterhouse Coopers and representing E3 Ohio, also backed the proposals. He said the state's lack of significant high tech corporations lead to the movement of skilled college graduates to other states. He argued that Ohio should not let those states take advantage of the investment Ohio makes in its college students.

Mark Collar, president of Procter & Gamble Pharmaceuticals, lent further support for SJR 1, noting that Ohio's bioscience industry has "remarkable untapped potential" that could be used to create new wealth and jobs. If the state does not take affirmative action to develop the industry, he said, it will face the prospect of seeing other states take advantage of the opportunity. For Ohio to thrive in the industry, he said there needs to be significant state and private investments.

David Wight, director of the Edison Biotechnology Institute at Ohio University, also supported the proposals. He said southeast Ohio has become a biotech development target area, noting that Ohio's research institutions are capable of producing world-class innovations.

HCR 7 TAX RELIEF (Young) Asks Congress to support and vote to enact the president's 2003 economic growth and tax relief plan.

Joshua Hall of the Buckeye Institute for Public Policy Solutions lent support for the president's economic stimulus plan, noting that it would likely help jump start Ohio's slumping economy. He said the proposal would help keep people's money in their own pockets, giving them more funds to spend and boost economic conditions.

FINANCE: TRANSPORTATION & JUSTICE SUBCOMMITTEE

Office of Inspector General: State Inspector General Tom Charles said the budget recommended by the Office of Budget and Management would not be enough to continue current operations, and he asked the subcommittee for an increase of $155,000 over the biennium. There are seven full-time employees in the Inspector General's office at present, including Mr. Charles. Investigations over the last three years have led to the resignations of 14 state employees and the criminal convictions of seven persons. "We have five cases pending either before the Ethics Commission or with a county prosecutor," Mr. Charles said. He said $5.5 million had been recovered in several cases. "We estimate the savings to state government to be several million dollars, based on our investigations and recommendations we made," he said. Mr. Charles said operating costs have been kept at a minimum, and he pledged to continue to do so. "Should any of you decide to add two or three people to our office or add to our authority to increase the investigations we now have, I am open to listen. We had requested an additional person but were turned down," he said.

Office of Budget & Management: Tim Keen, assistant director, said Ohio has "a very lean" budget operation compared with other state budget offices. Mr. Keen said that of the ten most populous states, only Texas employs fewer budget analysts than Ohio, and that most states have significantly more. "As an example, New Jersey and Illinois have double the number of budget analysts. Florida has three times as many, California has seven times as many, and New York has almost 15 times as many budget analysts as Ohio," he said.

Many of the subcommittee's questions dealt with the Ohio Administrative Knowledge System-OAKS for short-a plan to replace aging central computer systems that support the state's business functions. The pending budget includes $2.1 million in each of the next two fiscal years for the project. However, Mr. Keen told the committee a decision has been reached to put a hold on requests for proposals and the hiring of a consultant due to current fiscal problems. "I personally believe we ought to move forward with this," he said. Mr. Keen acknowledged, in response to a question from Rep. Sylvester Patton (D-Youngstown), that the cost of hardware and software for the OAKS project "could be in the range of $150 million," not counting operational costs.

The OBM budget also includes $1.25 million over the biennium to support Governor Bob Taft's proposed Blue Ribbon Task Force to examine the state system of financing schools. "The funding in the OBM budget will be used to offer staff support to the Blue Ribbon Task Force, and to hire two staff members to provide ongoing analysis of school funding policy," Mr. Keen said. "This funding will also allow us to hire independent consultants to provide expert assistance in the area of education finance." He said OBM currently has one employee assigned to work with the Department of Education. "It's absolutely unsatisfactory," he said. "We need some additional folks, particularly if we're going to be engaged in an intensive study over a nine-month period."

Department of Taxation: Testimony from Tax Commissioner Tom Zaino outlined a series of cost-saving measures already implemented and defended a budget proposal for increases of 5% in general revenue funding in FY 04 and another 2% in FY 05. "In the fiscal situation now confronting Ohio, it obviously makes sense to optimize the collection and enforcement of current taxes," Mr. Zaino said. "More fundamentally, our compliance effort is an obligation we owe to the majority of taxpayers, honest taxpayers, that deserve to be able to trust that everyone is paying their fair share." He said total department employment fell 25% between FY 91 and FY 02, while the decline in the number of tax agents was 30%, falling from 746 to 523 over the period. Separately, Mr. Zaino said he expects up to 50% of state personal income tax returns will be filed electronically this year, an increase from last year's 37% level. "This year, we have also begun the move to paperless sales and use tax filing, with our pilot project in which all vendors in Franklin County are asked to file their returns by electronic means," he said.

Rehabilitation & Correction: (See separate story)

FINANCE: PRIMARY & SECONDARY EDUCATION SUB.

Testifying Thursday was Mary Lynn Readey, executive director of the Ohio School Facilities Commission, and Stephen Ramsey, executive director of the Ohio Charter School Association (See separate story).

Ms. Readey outlined the commission's functions and noted it "is a non-GRF agency funded through interest earnings on our capital accounts. The operational portion of the OSFC budget amounts to about $7 million in each year of the biennium. OSFC's all-funds budget of $173.3 million in FY 2004 and $213 million in FY 2005 involve annual increases of 26% and 23% respectively.

"In addition to operating expenses, the request also funds annual debt service payments on lease-rental and general obligation bonds issued by the state for school construction," Ms. Readey said. "It also accounts for $28.2 million in one-time federal grants for emergency repair that we believe will be fully spent during the biennium."

Since 1997, OSFC has spent $2.5 billion of the $3.6 billion appropriated to build schools, Ms. Readey said. "Through our four major programs, including the Expedited Local Partnership Program, we have touched 377 - over 60 percent - of the state's 612 school districts."

On Wednesday, the panel heard from Vicki Melvin, director of the Department of Education's Office of Career-Technical and Adult Education. She outlined various portions of Mr. Taft's proposal for ODE's budget in FY 2004. They include: $8.7 million for adult literacy education; $20 million for postsecondary adult education: $43 million for base funding costs to cover Secondary workforce development, career-based intervention and work and family studies.

Other line items include: JVS Foundation - $185 million; GRADS - $930,690; Tech Prep Consortia Support - $2.1 million; Career-Tech enhancements - $21.4 million; Voc-ed equipment - $1.46 million; Tech Prep expansion - $4.4 million; High Schools That Work - $3.9 million; Ohio Career Information System - $996,800; K-12 Career Development - $3.9 million; JOGS - $4.16 million

WAYS & MEANS

Bill Continued:

HB 58 TAX REFORM DIRECTIVE (Kilbane) Directs the General Assembly in its deliberations regarding the enactment of reforms of the state's tax laws. (See separate story)

THE HOUSE ADJOURNED UNTIL 11 A.M. TUESDAY, MARCH 25, 2003 (FULL SESSION)

SENATE/HOUSE COMMITTEE MEETING SCHEDULE FOR THE WEEK OF MARCH 24, 2003

MONDAY, MARCH 24

SENATE HIGHWAYS & TRANSPORTATION, 10 a.m., Finance Hearing Rm., Chr. Armbruster, Phone: 644-7613.

HB 87 TRANSPORTATION BUDGET (Buehrer) Makes appropriations for programs related to transportation and public safety for the biennium beginning July 1, 2003 and ending June 30, 2005 and provides authorization and conditions for the operation of those programs. (6th Hearing - Amendment - Possible votes

JOINT COMMITTEE ON AGENCY RULE REVIEW, 1:30 p.m., Rm. 121, Chr. Callender, Phone: 466-7251. (William Hills, Executive Director)

Note: The agenda is available on the Gongwer web site at: www.gongwer-oh.com

STATE CONTROLLING BOARD, 1:30 p.m., North Hearing Rm., Lisa Dodge, President - Phone: 644-6441.

The agenda for this meeting is available on the Gongwer web site at: www.gongwer-oh.com

TUESDAY, MARCH 25

SENATE INSURANCE, COMMERCE & LABOR, 10 a.m., North Hearing Rm., Chr. Nein, Phone: 466-8072.

SB 48 CREDIT SCORING (Roberts) Prohibits an insurer's use of a credit history or credit score in fixing a premium rate for, or the terms and conditions of, an insurance policy, or in determining whether to issue, continue, or renew an insurance policy. (1st Hearing - Sponsor)

HB 91 BWC BUDGET (Young) Makes appropriations for the Bureau of Workers' Compensation for the biennium beginning July 1, 2003, and ending June 30, 2005. (1st Hearing - Testimony by BWC Administrator Jim Conrad)

HB 92 INDUSTRIAL COMMISSION BUDGET (Young) Makes appropriations for the Industrial Commission for the biennium beginning July 1, 2003, and ending June 30, 2005. (1st Hearing - Testimony by OIC Chair Bill Thompson)

SENATE WAYS & MEANS & ECONOMIC DEVELOPMENT, 11 a.m., South Hearing Rm., Chr. Amstutz, Phone: 466-7505.

SB 1 TECHNOLOGY TAX CREDITS (Amstutz) Increases the maximum amount of technology investments eligible for a tax credit and makes other changes. (5th Hearing - Proponent, opponent & interested party)

Testimony on tax reform proposals including personal property and other business tax issues and presentation by Professor Edward W. Hill of Cleveland State University.

SENATE RULES, 11 a.m., Majority Conference Rm., Chr. White, Phone: 466-8082.

SENATE REFERENCE, After Rules, Majority Conference Rm., Chr. Carnes, Phone: 466-8076.

Full House session at 11 a.m.

HOUSE RULES & REFERENCE, After 11 a.m. session, Rm. 119, Chr. Householder, Phone: 466-2500.

Full Senate session at 1:30 p.m.

SENATE FINANCE & FINANCIAL INSTITUTIONS, After 1:30 p.m. session, Finance Hearing Rm., Chr. Harris, Phone: 466-8086.

SB 54 SCHOOL BUILDING ASSISTANCE (Carey) Establishes the Rural Accelerated School Building Assistance Program to provide early state assistance for classroom facilities acquisition for school districts with territories greater than three hundred fifty square miles. (1st Hearing - Sponsor)

HOUSE CRIMINAL JUSTICE, 2:30 p.m., Rm. 114, Chr. Latta, Phone: 466-8104.

HB 37 FIREARM THEFT PENALTY (Willamowski) Increases the penalty for theft of a firearm. (1st Hearing - Sponsor)

HB 49 CITIZENS' REWARD/COURT COSTS (Hughes) Provides testimonial privilege to persons who provide information to citizens' reward programs and makes other changes. (1st Hearing - Sponsor)

HB 80 HALLUCINOGENIC MUSHROOMS (Core) Prohibits the possession, sale, transportation and cultivation of spores or mycelium capable of producing mushrooms that contain psilocin or psilocybin. (1st Hearing - Sponsor)

SB 5 SEX OFFENDER NOTIFICATION (Jacobson) Modifies the Sex Offender Registration and Notification Law. (1st Hearing - Sponsor)

HOUSE STATE GOVERNMENT, 3 p.m., Rm. 122, Chr. Carmichael, Phone: 466-1474.

HB 108 UNCLAIMED FUNDS NOTICES (Driehaus) Requires that notice of unclaimed funds be mailed to owners by holders of the funds either by regular or certified mail depending upon the value of the funds and authorizes charges for certain mailings of notices. (2nd Hearing - Proponent & opponent)

HB 114 EMPLOYEE RESIDENCY REQUIREMENTS (Flowers) Prohibits political subdivisions from imposing residency requirements on certain employees. (2nd Hearing - Proponent & opponent)

HB 99 OHIO STATE SEAL (Husted) Adds a representation of the Wright Brothers' first piloted airplane to the Coat of Arms and Great Seal of the State of Ohio. (2nd Hearing - Proponent & opponent)

HOUSE EDUCATION, 3:30 p.m., Rm. 018, Chr. Setzer, Phone: 644-8051.

HB 75 KOREAN WAR VETERANS (Buehrer) Grants high school diplomas to veterans of the Korean Conflict and expands eligibility for diplomas to certain non-resident veterans who attended Ohio high schools. (2nd Hearing - Proponent, opponent & interested party)

HB 3 PUBLIC SCHOOL ACCOUNTABILITY (Schlichter) Directs the General Assembly's deliberations to modify the state public school accountability system. (1st Hearing - Sponsor & proponent)

PREDATORY LENDING STUDY COMMITTEE, 3:30 p.m., Senate Finance Hearing Rm., Chr. Rep. Blasdel, Phone: 466-8022.

Testimony regarding federal, state and local laws affecting lending.

SENATE EDUCATION, 4 p.m., North Hearing Rm., Chr. Robert Gardner, Phone: 644-7718.

Students and teachers from Cleveland's Louis Pasteur Elementary School will make a presentation regarding standardized tests.

HOUSE WAYS & MEANS, 4 p.m., Rm. 121, Chr. Kilbane, Phone: 466-0961.

HB 58 TAX REFORM DIRECTIVE (Kilbane) Directs the General Assembly in its deliberations regarding the enactment of reforms of the state's tax laws. (4th Hearing - Proponent, opponent & interested party testimony on tangible personal property and corporate franchise tax)

HOUSE FINANCE: HUMAN SERVICES SUB., 6 p.m., Rm. 313, Chr. Kearns, Phone: 466-2038.

Public testimony on budgets of the Medical Board, Counselor and Social Worker Board, Board of Nursing, Chiropractic Board, Ambulance Licensing Board, OPP Board, Auditor of State, House of Representatives, Senate. Legal Rights Services, Commission on Dispute Resolution, Commission on Minority Health, Commission on Hispanic/Latino Affairs, Commission on African American Males, Tobacco Prevention and Control Coalition, and Rehabilitation Services.

HOUSE FINANCE: HIGHER EDUCATION SUB., 6 p.m., Rm. 311, Chr. Hughes, Phone: 466-2473.

Public testimony.

HOUSE FINANCE: PRIMARY & SECONDARY EDUCATION SUB., 6 p.m., Rm. 116, Chr. Husted, Phone: 644-6008.

Public testimony.

WEDNESDAY, MARCH 26

SENATE JUDICIARY ON CRIMINAL JUSTICE, 9 a.m., North Hearing Rm., Chr. Austria, Phone: 466-3780.

SB 11 INMATE DNA TESTING (Goodman) Establishes a mechanism for the DNA testing of certain inmates serving a prison term for a felony or under a sentence of death. (5th Hearing - Proponent, opponent & interested party - Amendments - Possible vote)

SB 4 MR/DD CRIME VICTIMS (Spada) Implements the recommendations of the MR/DD Victims of Crime Task Force. (7th Hearing - Proponent, opponent & interested party - Amendments - Possible vote)

SB 50 DOMESTIC VIOLENCE (Schuring) Enhances the penalty for domestic violence for certain repeat offenders and makes other changes. (2nd Hearing - Proponent, opponent & interested party)

SB 53 CRIME PREVENTION COMPACT (Goodman) Ratifies the National Crime Prevention and Privacy Compact. (1st Hearing - Sponsor)

The committee also is scheduled to hold an information hearing on a bill to be introduced by Senator Jeff Jacobson (R-Dayton) regarding penalties for vandalism and inciting to vandalism.

HOUSE HEALTH, 9 a.m., Rm. 018, Chr. Jolivette, Phone: 644-6721.

HB 27 PREGNANCY HIV TESTS (Cirelli) Requires physicians to offer pregnant women the opportunity to have HIV testing and counseling. (1st Hearing - Sponsor)

HB 76 SHAKEN BABY SYNDROME (Widowfield) Establishes the Shaken Baby Syndrome Education and Prevention Program. (2nd Hearing - Proponent, opponent & interested party)

HCR 6 HUMAN CLONING (Reidelbach) Asks Congress to enact the Human Cloning Prohibition Act of 2003. (2nd Hearing - Proponent, opponent & interested party - Amendments - Possible vote)

HB 41 FIREFIGHTERS/EMT PERSONNEL (Carmichael) Grants firefighters additional credit on civil service examinations based on their training and makes other changes. (3rd Hearing - Proponent, opponent & interested party - Amendments - Possible vote)

HOUSE CIVIL & COMMERCIAL LAW, 9:30 a.m., Rm. 114, Chr. Seitz, Phone: 466-2715.

HB 7 CORPORATE GOVERNANCE & SECURITIES (Taylor) Modifies the Corporation Law. (5th Hearing - Proponent, opponent & interested party - Substitute bill - Possible vote)

HB 72 MENTAL HEALTH (Oelslager) Permits the execution of a Declaration for Mental Health Treatment. (4th Hearing - Proponent, opponent & interested party - Amendments - Possible vote)

HB 103 MOTORCYCLE SEIZURES (Wilson) Modifies the guidelines governing seizure of a motorcycle by a law enforcement officer when the identity of the motorcycle cannot be determined, establishes limited civil liability with certain exceptions if the law enforcement officer or agency fails to comply with specified guidelines, and entitles an innocent buyer of a motorcycle to repayment of the purchase price. (1st Hearing - Sponsor)

HOUSE COUNTY & TOWNSHIP GOVERNMENT, 10 a.m., Rm. 121, Chr. Wolpert, Phone: 466-9690.

HB 66 TOWNSHIP EMPLOYEE LIFE INSURANCE (Faber) Permits a township to obtain life insurance coverage for township officers and full-time employees. (1st Hearing - Sponsor)

HB 119 NATURAL RESOURCE ZONING (Grendell) Extends the purposes for which boards of county commissioners and township trustees may adopt zoning resolutions to include the purpose of promoting the general welfare and exempts specific activities related to minerals, coal, oil, or gas from county and township zoning regulations in areas not zoned for residential use. (1st Hearing - Sponsor)

HB 62 COUNTY ENGINEER SURVEYS (Blasdel) Replaces the mandatory duty of a county engineer to survey lands sold for taxes with discretionary authority to do so. (2nd Hearing - Proponent, opponent & interested party)

HB 97 FIRE EQUIPMENT LEASES (Willamowski) Permits a board of township trustees to enter into a lease or a lease with an option to purchase for police department or road equipment and a board of township trustees, a board of fire district trustees, or a municipal corporation legislative authority to enter into a lease or a lease with an option to purchase for fire-fighting equipment. (3rd Hearing - Proponent, opponent & interested party - Amendments)

HOUSE PUBLIC UTILITIES, 11 a.m., Rm. 017, Chr. Olman, Phone: 466-1731.

HB 133 POWER SITING BOARD (Olman) Changes the standard for modifying the time when a certificate application can be filed with the Power Siting Board; states the Board's continuing jurisdiction to enforce a certificate from the date of issuance through the period of the facility's initial operation; authorizes the Board or its chairperson to order the suspension of an activity during the Board's consideration of a complaint about the activity; and authorizes the Board to impose a forfeiture for a violation of power siting law. (1st Hearing - Sponsor)

SENATE JUDICIARY ON CIVIL JUSTICE, 11 a.m., North Hearing Rm., Chr. Goodman, Phone: 466-8064.

HB 26 WARREN COUNTY JUDGESHIP (Raga) Adds one additional judge for the general division of the Warren County Court of Common Pleas to be elected in 2004. (1st Hearing - Sponsor & proponent)

SB 45 CREDIT CARD AGREEMENTS (Blessing) Relative to the computation of finance charges, enforcement of arbitration agreements, and choice of law provisions in consumer credit card agreements with financial institutions and makes other changes. (2nd Hearing - Proponent)

SENATE RULES, 11 a.m., Majority Conference Rm., Chr. White, Phone: 466-8082.

SENATE REFERENCE, After Rules, Majority Conference Rm., Chr. Carnes, Phone: 466-8076.

Full Senate & House sessions at 1:30 p.m.

SENATE STATE & LOCAL GOVT. & VETERAN'S AFFAIRS, After session or 2:30 p.m., South Hearing Rm., Chr. Coughlin, Phone: 466-4823.

SB 42 STATE PROPERTY INVENTORY (Schuler) Creates the Committee to Inventory State-Owned Real Estate, specifies its powers and duties, and requires it to issue a report of its findings and recommendations. (1st Hearing - Sponsor & proponent)

SB 47 PUBLIC OFFICIAL ABSENTEE VOTING (Stivers) Creates an exception in the Open Meetings Law from the requirement of actual physical presence for members of public bodies who are called to active duty, permits those members, under specified circumstances, to vote from their active duty locations within twenty-four hours after a vote of the public body, extends the time within which members of the National Guard and reserve components of the Armed Forces of the United States who have been called to active duty must pay real property and manufactured home taxes, and declares an emergency. (1st Hearing - Sponsor & proponent)

HOUSE RULES & REFERENCE, After 1:30 p.m. session, Rm. 119, Chr. Householder, Phone: 466-2500.

HOUSE HEALTH: CHILDREN'S HEALTHCARE & FAMILY SERVICES SUB., 3 p.m., Rm. 018, Chr. Reidelbach, Phone: 644-6030.

HB 11 DAY-CARE PROVIDERS (Jerse) Creates the offenses of misrepresentation by a child day-care provider and failure to disclose the death or serious injury of a child. (3rd Hearing - Proponent, opponent & interested party)

HB 8 DAY-CARE PROVIDER LICENSING (Fessler) Modifies the law pertaining to the licensing of child day-care providers. (3rd Hearing - Proponent, opponent & interested party - Possible vote)

HOUSE FINANCE: HUMAN SERVICES SUB., 3 p.m., Rm. 313, Chr. Kearns, Phone: 466-2038.

Public testimony on budgets of the departments of Health, Aging, Mental Health, Drug & Alcohol Addiction Services, and Mental Retardation & Developmental Disabilities.

HOUSE FINANCE: HIGHER EDUCATION SUB., 3 p.m., Rm. 311, Chr. Hughes, Phone: 466-2473.

Public testimony.

HOUSE FINANCE: TRANSPORTATION & JUSTICE SUB., 3 p.m., Rm. 113, Chr. D. Evans, Phone: 466-1482.

Public testimony.

HOUSE FINANCE: PRIMARY & SECONDARY EDUCATION SUB., 3 p.m., Rm. 116, Chr. Husted, Phone: 644-6008.

Public testimony.

HOUSE WAYS & MEANS, 4 p.m., Rm. 121, Chr. Kilbane, Phone: 466-0961.

HB 58 TAX REFORM DIRECTIVE (Kilbane) Directs the General Assembly in its deliberations regarding the enactment of reforms of the state's tax laws. (5th Hearing - Proponent, opponent & interested party testimony on tangible personal property and corporate franchise tax)

HOUSE JUVENILE & FAMILY LAW, 4 p.m., Rm. 017, Chr. Gilb, Phone: 466-3819.

HB 130 CHILD CARE POWER OF ATTORNEY (Reidelbach) Permits the execution of a power of attorney or caretaker authorization affidavit permitting certain persons with whom a child resides authority over the care, custody, and control of the child including the authority to make decisions regarding school matters and to consent to the medical, psychological, and dental care for the child. (1st Hearing - Sponsor)

THURSDAY, MARCH 27

HOUSE ECONOMIC DEVELOPMENT & SMALL BUSINESS, 8:30 a.m., Rm. 017, Chr. Collier, Phone: 466-1431.

SJR 1 RESEARCH BOND ISSUE (Austria) Proposes constitutional amendment relating to science and technology based research and development purposes, including authorizing the issuance of general obligations of the state to pay costs related to those purposes. (4th Hearing - Proponent, opponent & interested party)

HB 1 TECHNOLOGY TAX CREDITS (T. Patton) Increases the maximum amount of technology investments eligible for a tax credit and makes other changes. (4th Hearing - Proponent, opponent & interested party)

HCR 7 TAX RELIEF (Young) Asks Congress to support and vote to enact the president's 2003 economic growth and tax relief plan. (4th Hearing - Proponent, opponent & interested party)

HOUSE FINANCE: HUMAN SERVICES SUB., 9 a.m., Rm. 313, Chr. Kearns, Phone: 466-2038.

Public testimony on budget of the Department of Job and Family Services.

HOUSE FINANCE: HIGHER EDUCATION SUB., 9 a.m., Rm. 311, Chr. Hughes, Phone: 466-2473.

Public testimony.

HOUSE FINANCE: TRANSPORTATION & JUSTICE SUB., 9 a.m., Rm. 113, Chr. D. Evans, Phone: 466-1482.

Public testimony.

HOUSE FINANCE: PRIMARY & SECONDARY EDUCATION SUB., 9 a.m., Rm. 116, Chr. Husted, Phone: 644-6008.

Public testimony.

HOUSE JUDICIARY, 9:30 a.m., Rm. 114, Chr. Willamowski, Phone: 466-9624.

SB 8 ELECTRONIC STALKING (Austria) Expands menacing by stalking to prohibit the posting of a computer-related message with intent to urge or incite a person to illegally stalk another. (3rd Hearing - Proponent, opponent & interested party - Amendments - Possible vote)

HB 51 PROBATE LAW (Hughes) Relative to the election by a surviving spouse, notice of admission of a will to probate, accounts of administrators and executors, distribution of estate assets, presentation of creditors' claims to distributees, and dispute resolution procedures in probate court. (3rd Hearing - Proponent, opponent & interested party - Amendments - Possible vote)

HB 82 JURY DUTY (DePiero) Permits a person who is 70 years of age or older to be excused from jury duty. (3rd Hearing - Proponent, opponent & interested party - Possible vote)

HOUSE WAYS & MEANS, 10 a.m., Rm. 121, Chr. Kilbane, Phone: 466-0961.

HB 58 TAX REFORM DIRECTIVE (Kilbane) Directs the General Assembly in its deliberations regarding the enactment of reforms of the state's tax laws. (6th Hearing - Proponent, opponent & interested party testimony on sales and use tax)

HOUSE EDUCATION: FEDERAL GRANT REVIEW & EDUCATION OVERSIGHT SUB., 11 a.m., Rm. 017, Chr. Fessler, Phone: 466-8114.

Presentation regarding management audit by State Superintendent Susan Zelman.

Tentative full Senate session at 11 a.m.

Tentative full House session at 1 p.m.

HOUSE RULES & REFERENCE, After session, Rm. 119, Chr. Householder, Phone: 466-2500.

Note: This is a tentative meeting.

FRIDAY, MARCH 28

Tentative full Senate session at 11 a.m.

HOUSE RULES & REFERENCE, After session, Rm. 119, Chr. Householder, Phone: 466-2500.

Note: This is a tentative meeting.

Copyright, 2003, Gongwer News Service, Inc., 17 South High St., Columbus, Ohio 43215. Reproduction of this publication by any means in whole or in part without the express permission of the publisher is in violation of the federal Copyright Law.

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