Cleveland Law Library Weblog

Fewer Women Make It To Ohio Legislature

According to a Report from the Akron Beacon Journal on Ohio.com, the number of women in the Ohio General Assembly has slipped from a post-1992 high to a low of 17%. That means that only 1 in 6 legislators is female, making Ohio 40th on the list of states when it comes to electing or appointing women to house and senate positions. The Report indicates that Democrats are still matching the high levels from 1995-1996, but there is a huge decline in the number of women Republicans. Republican House Speaker Husted said they are working on bringing in women, and 2 women are now part of the majority floor leadership program. The Report quotes Kathleen Chandler as saying that while women who actually run for office are relatively successful, their participation is hindered when white males are appointed to fill vacancies. Interestingly, former Speaker Jo Ann Davidson, claims that it is difficult to "find qualified, interested women candidates."

Pamphlet Available re: Ohio Groundwater Ownership and Allocation

The Ohio Legislative Service Commission has added another Brief to its growing list of informative pamphlets on legal issues affecting Ohio and its citizens. The latest in this series is an Internet pamphlet entitled "Ohio Law Governing Ground Water Ownership and Allocation." A few of the other brochures that are available on the web include: Legislative History in Ohio; Employment-At-Will and Wrongful Discharge in Ohio; Graduated Licensing of Teenage Drivers; Grandparent Visitation; Methods of Allocating Parental  Rights and Responsibilities in Ohio; Ohio's Open Meeting Law; Ohio's Public Records Law; and Ohio OMVI Law.

Legislature Tinkering with Ohio H.B. 154 That Would Eliminate Mayor's Courts

If passed, H.B. 154 would eliminate Mayor's Courts in Ohio and transfer jurisdiction over their cases to local municipal courts. H.B. 154 was introduced in the House in April, but the Plain Dealer reports that recent revisions to the Bill would allow a limited number of townships/villages meeting statutory criteria to establish a community court with a magistrate from the muni court. Mayors and council members would be granted a nominal right to participate in the process of selecting the magistrate. Click here for a continually updated status report on the Bill from the Ohio Legislative Service Commission. The proposed revisions should be available within the next day or so.

No More "Trouble in River City" Ohio

Similar to the lead character in The Music Man, who decried the evils of pool tables in River City, Ohio Governor Strickland has signed legislation outlawing gambling machines that allegedly require skill and pay out prizes or cash over $10.00. Click here to read HB 117, and click here to read the Governor's Press Release. (As an aside, Youtube.com provides video clips of some of the most memorable songs from The Music Man.)

Strip Club Issue Won't Make November Ballot

The Columbus Dispatch reports that according to Secretary of State Jennifer Brunner, the group gathering signatures to put a strip-club issue on the November ballot is going to fall short and fail. The group, called The Vote No on Issue 1 Committee, got a 10-day extension of time to collect valid signatures to try and overturn SB 16, also known as the Community Defense Act, which was effective on September 4, 2007. The CDA prohibits patrons from touching nude or semi-nude dancers and requires all adult businesses (like adult bookstores and massage parlors) to close or at least cease adult activities  at 12:00 midnight.

Ohio SB209 Would Raise Money for Indigent Defense

On August 23, 2007, Senate Finance Chairman John Carey introduced Ohio SB 209 (available from Capital Connection, Lexis and Westlaw), to try and raise over $3 million dollars, specifically earmarked for indigent defense. The proposed fine increases are very hefty and range from a minimum of $75.00 to $500.00 per violation. All excess funds that would be collected for DUI offenses would be put into a separate state fund and could only be used for indigent defense. John Leutz of the CCAO has indicated that even if these funds are raised, they only constitute a 10th of the state-wide shortfall that has become a deficit for counties funding indigent defense.

New Governor's Veto Ruled Inneffective

On August 1st, the Ohio Supreme Court issued a decision issuing a writ of mandamus and holding that Governor Strickland could not veto a bill prohibiting lawsuits over lead paint on his first day in office. The Court held that under Article II, section 16 of the Ohio Constitution, a bill can only be vetoed if the Governor files written objections with the Ohio Secretary of State within 10 days after the General Assembly adjourns. Although former Governor Taft had filed the unsigned bill with former Secretary of State Kenneth Blackwell, thereby allowing it to become law without his signature, Governor Strickland asked the new Secretary of State to send him bill on his first day in office. Although Strickland exercised his veto power that day, the Court subsequently held that the 10 day limit had previously expired, and he was 2 days too late. Justices Moyer, Stratton, O'Connor and O'Donnell concurred, and Justices Pfeifer and Lanzinger dissented.

Recent Bills of Interest

These selected bills of interest can be viewed on the Ohio General Assembly's Search for Legislative Information.

HB 225 CONCEALED HANDGUNS - To change licensing, purchasing and other requirements regarding concealed handguns.

HB 226 EDUCATION FUNDING - Earmark 88% of the personal income tax for primary/secondary education expenditures, in addition to all lottery profits, and create a new method for distribution.

HB 230 TANNING SERVICES - Regarding use of tanning services by individuals under 18 years of age.

HB 232 COOPERATIVE BUSINESS ENTITY - Authorize the establishment of a new form of cooperative business entity in this state.

SB 174 HUMAN CLONING - To prohibit human cloning.

New Bills of Interest

These selected bills of interest can be viewed on the Ohio General Assembly's Search for Legislative Information.

HB 220 - OHIO PLANNED COMMUNITY LAW - To establish the Ohio Planned Community Law.

HB 221- CAMPAIGN FINANCE LAW - To re-establish the Campaign Finance Law and Public Contract Law as it existed prior to the enactment of H.B. 694 of the 126th General Assembly.

HB 222 - LAND SALE PUBLIC NOTICES - To permit instead of require that public notices and advertisements of the sale of lands and tenements taken in execution contain a description of the lands and tenements and to permit those advertisements to be made on the sheriff's web site.

HB 223 - DOG BREEDING KENNELS - To establish licensing requirements and standards of care for certain dog breeding kennels and dog intermediaries

HB 224 - MUNICIPAL INCOME TAX FILING DATE - To specify that the municipal income tax annual return filing date for individuals shall not be earlier than the federal income tax filing date, to allow return preparers to use facsimile signatures on returns, and to permit taxpayers to authorize return preparers to communicate directly with municipal tax administrators

SB 173 - DOG BREEDING KENNELS - To establiish licensing requirements and standards of care for certain dog breeding kennels and dog intermediaries.
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Bill Sets Standards for Puppy Mills

SB 173 will impose regulations on breeders with at least nine breeding dogs.  The bill sets standards for cage size and conditions, as wells as requirements for socializing, veterinary care and grooming of dogs.  License fees will be charged for operating breeding kennels with at least nine breeding dogs.  The fees will be used to create an enforcement unit in the Ohio Department of Agriculture and for local enforcement efforts.  A similar bill was introduced in the Ohio House: HB 223.  See Puppy Mill Oversight Bill Posed by Liz Long, Cincinnati Enquirer, May 18, 2007. 

Posted by Sue Altmeyer