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State of Ohio News

June 2007

June 30, 2007 – Governor Signs First Budget Bill

Columbus, Ohio –Ohio Governor Ted Strickland today signed into law the state's 2008-09 operating budget.

Following is the text of the governor's budget message:

Article II, Section 16 of the Ohio Constitution authorizes the Governor to veto any item or items in any bill making an appropriation of money. I have boxed and initialed text in Amended Substitute House Bill 119 that I have disapproved. All remaining text in the bill is approved. The reasons for my vetoes are set out below.

Introduction

The original budget bill passed unanimously through the House and Senate, and the final budget passed with only a single dissenting vote. Today I am happy to add my signature and make this budget law.

This budget represents a historic consensus. But long after our agreement is forgotten, the people of Ohio will be benefiting from what we agreed upon.

This budget makes a commitment to education from pre-schools to universities. Instead of spiraling tuition costs, we will have a two year tuition freeze. We make a substantial investment in our primary and secondary schools. And as we strengthen our schools we will also reduce the property tax burden on every senior and disabled homeowner through an expansion of the Homestead Property Tax Exemption.

This budget makes a commitment to provide health care coverage to the uninsured children of Ohio.

This budget makes a commitment to investing in growth and development, both by expanding the skills and education of our people, and by identifying and supporting emerging economic opportunities.

The following sections detail 38 line item vetoes I have issued among five issue areas. These are areas of honest disagreement. But in a budget document containing 1865 pages, and tens of thousands of lines of text, I would say our differences are remarkably small in the face of our larger common purpose.

Indeed, the biggest area of disagreements is not about a policy but rather questions of governance and management. Such matters are a natural area for asserting executive authority. In fact, in some cases the Constitution requires that we respond in order to follow its provisions.

The budget reflects a set of commitments I have made, and the legislature has supported, to live within our means and invest in what matters. I believe that a new Ohio awaits us. And that has never been clearer than it is today.

A. Health and Human Services

The administration believes we have both an obligation and an opportunity to invest in the health of Ohioans. This budget will provide health care coverage to uninsured children and both expand and improve our preventive medicine efforts through Healthy Ohio. In the process, we address some of Ohio's most urgent health needs. The following vetoes reflect a commitment to pursuing a commonsense, comprehensive approach to the health of Ohioans. Several vetoes remove earmarks that would limit the effectiveness of available funds and weaken the underlying program. Others reflect a need to spend our funds in the most effective manner possible, and to impose oversight that is logical and productive.

Item Number 1*+

On page 5, delete "5111.69,".

On page 9, delete "5111.69,".

On page 1117, delete the boxed text.

On page 1118, delete the boxed text.

Section 5111.69 ­ Medical Care Advisory Council

The Medical Care Advisory Council is a federally required component of the Medicaid program. This provision places the committee's operation in state law and unduly restricts committee member appointments. Vetoing this item will allow the Department of Job and Family Services to continue to operate the committee administratively and will provide flexibility with respect to committee appointments. This will assure broad based representation on this important advisory committee. Therefore this veto is in the public interest.

Item Number 2

On page 1627, delete the following boxed text, beginning with the words "The Department of Health" and ending with "HEALTHY OHIO ASSESSMENT."

On page 1627, delete the following boxed text, beginning with the words "Of the foregoing" and ending with the word "pneumococcal."

On page 1627, the paragraph beginning with the words "Of the foregoing" and ending with "retention." was inadvertently boxed. It is not my intent to disapprove this paragraph.

On page 1628, delete the boxed text.

On page 1629, delete the boxed text.

On page 1631, delete the boxed text.

On page 1632, delete the boxed text.

Section 293.30 and 293.35 - Healthy Ohio

Healthy Ohio is a key component of the administration's commitment to protecting the health of Ohioans. Setting expectations of state agencies and providers, linking state dollars to results, and connecting people to interventions that work, are all key pathways to prevention. The program will enhance the state's efforts to efficiently use our resources to promote healthy behaviors and prevent illness, address health care disparities, and improve chronic care management. In total, the earmarks for this line item are greater than the appropriation. The $200,000 earmark for the purchase of pneumococcal vaccinations is an amount inadequate for the stated purpose. The earmark for the Health Ohio Assessment impinges on the executive authority to use funds to meet the purposes of the program. The language for the Healthy Ohio Assessment is too prescriptive. Taken together, the earmarks and the prescriptive language would prevent the Department of Health from achieving the established goals of Healthy Ohio. This veto will restore the program's ability to meet its objectives. Therefore this veto is in the public interest.

Item Number 3

On page 1455, delete the boxed text.

On page 1456, delete the boxed text.

On page 1458, delete the boxed text.

On page 1459, delete the boxed text.

Pages 1460 through 1464 contain inadvertent stamps. It is not my intent to disapprove any items on these pages.

Section 9.901 - School Employees Health Care Board Duties

This item creates an agency to identify and develop health care plans to encourage efficient and effective health care services for public school employees through the use of industry best practices and fiscal transparency methods. The School Employees Health Care Board would be responsible for the development and implementation of the program. However, the provisions in this item compromise the School Employees Health Care Board's authority to carry out that task. The provisions constrain the School Employees Health Care Board's ability to develop best practice standards and approve health care plans which may provide the optimal combination of coverage, cost, choice and stability of benefits. In sum, this provision undermines the School Employees Health Care Board's ability to fulfill its mission and places an undue burden on the agency's ability to carry out the responsibilities of statutory law. In order to strengthen the School Employees Health Care Board's authority to develop and implement the program, a veto is necessary to ensure that the board can meet the expectations of statutory law and create cost savings for school districts and, ultimately, the public. Therefore this veto is in the public interest.

Item Number 4

On page 1697, delete the boxed text.

On page 1698, delete the boxed text.

On page 1699, delete the boxed text.

On page 1700, delete the boxed text.

Section 335.40.15 - Behavioral Health Pilot

This item establishes a Behavioral Health Pilot program. The administration has numerous concerns with this provision. The language does not fully recognize the need to coordinate care across all payer sources, including local, state, federal and private. Further, the vagueness of the language does not appear to propose a system which is user friendly, transparent and seamless to all Ohioans. Nor does it adequately address the state oversight responsibilities directly connected to the Substance Abuse Prevention and Treatment (SAPT) Block Grant, which is a predominant source of revenue for substance abuse/addiction services, or the oversight responsibilities for Ohio's Medicaid program. Finally, this proposal singles out two healthcare components (substance abuse/addiction and mental health) and places them on a different work schedule rather than maintaining integration within the broader healthcare system. Rather than support a compartmentalized pilot program approach to reform, the administration believes we would be better served to seek a system-wide solution. Indeed, a broad focus coupled with an inclusive approach that brings together the Legislature, the Administration, boards, providers and advocates would produce the best results for reforming our health care system and serving the needs of Ohioans. Therefore this veto is in the public interest.

Item Number 5

On page 1464, delete the boxed text.

Section 9.901- Annual Review of the best practices of the School Employees Health Care Board

This item requires the Superintendent of Insurance to evaluate the performance of the School Employee Health Care Board's best practices during the previous year and submit the results in writing to the Governor and the General Assembly. These requirements, however, are outside of the scope of the Ohio Department of Insurance's work and mission. Additionally, the Department lacks the resources necessary to carry out these functions and there is not sufficient funding provided to perform the required reviews and audits. Therefore this veto is in the public interest.

Item Number 6

On page 1098, delete the boxed text.

On page 1108, delete the boxed text beginning with "(4)" and ending with "(C)" and beginning with "and the limitations" and ending with "section" and beginning with "(C)" and ending with "coverage for".

On page 1109, delete the boxed text.

Section 5111.085 and 5111.172 - Limitations on Restrictions of Coverage of Mental Health Drugs

The proposed language restricts the ability of the Department of Job and Family Services, and Medicaid managed care plans, to provide an appropriate and cost-effective prescription drug benefit for the Medicaid program. This veto serves the need to provide coverage for appropriate drugs and meet federal Medicaid requirements. Therefore this veto is in public interest.

Item Number 7

On page 1627, delete the following boxed text, beginning with the words "The guidelines," and ending with "locations."

On page 1629, delete the boxed text

Section 293.30 - Federal Abstinence Earmark

This earmark requires the Department to spend federal dollars on a program regardless of whether these funds may be expended for this purpose under federal law. Therefore this veto is in the public interest.

Item Number 8

On page 1627, delete the following boxed text, beginning with the words "The guidelines," and ending with "locations."

Section 293.30 ­ Abstinence Education

This provision creates a General Revenue Fund appropriation and requires it be used for abstinence and adoption education. Focusing exclusively on abstinence is contrary to a comprehensive educational approach. Available evidence demonstrates that utilizing an approach that includes abstinence education and vital health information will serve to better protect the health and well-being of our youth. For school districts inclined to continue the abstinence-only approach, funding remains available from the federal government through the Community-Based Abstinence Education (CBAE) grants. Therefore this veto is in the public interest. Note an identical veto has also been used on page 1629 that pertains to federal funds.

B. Education

The administration believes that strengthening education is the surest path to strengthening Ohio. There is little doubt that jobs will go where the workforce is best educated. The administration is committed to dramatically expanding the number of Ohioans who graduate from college, and doing so by strengthening our schools at every level of the education system. This budget expands early learning opportunities, strengthens our primary and secondary schools, and opens the doors of our public colleges and universities to more Ohioans with an infusion of resources and a two year tuition freeze. The following vetoes reflect a need to preserve flexibility and efficiency in education programs, and a commitment to use public tax dollars in the most effective way to benefit public school programs that are accountable to Ohioans.

Item Number 9

On page 1761, delete the boxed text.

Section 375.50.50 ­ Student Choice Grants

Historically, balances from the Ohio Choice Grant have been used to supplement shortfalls in Ohio's financial aid programs, such as the Ohio College Opportunity Grant (OCOG), which offers a benefit twice as large to students of private colleges compared to those attending public institutions. These shortfalls occur because there are many significant unknowns related to enrollment levels and the participation of non-traditional students that affect the overall cost of OCOG implementation. Accordingly, it remains important that the administration preserves the right to transfer any unused or lapsed funds from other state-funded financial aid or scholarship programs, including the Ohio Choice Grant, to the Ohio College Opportunity Grant Program to assist in defraying additional costs. Therefore this veto is in the public interest.

Item Number 10

On page 1737, delete the boxed text.

Section 375.20.40 - Innovation Incentive

The Innovation Incentive Program is designed to build world-class research capacity within Ohio's universities and complement the Third Frontier Project. Rather than distributing funding on a competitive basis, this provision would disburse funds through a formula. The administration believes that Ohio can maximize the effect of the Innovation Incentive Program on our state's economic growth by providing funds to reward the achievement of excellence. Therefore this veto is in the public interest.

Item Number 11

On page 9, delete "3345.35,".

On page 685, delete the boxed text.

On page 1754, delete the boxed text.

Section 3345.35 - Purchasing Consortium

This provision would prevent a statewide, all-inclusive approach to purchasing collaboration. Logic and evidence suggest a collaborative approach to purchasing among state institutions would be beneficial. Indeed, a statewide, all-inclusive approach that is aligned with the strategic plan for higher education in Ohio would be most appropriate. The administration believes this provision would perpetuate inefficiencies and comes at the expense of taxpayers. Therefore this veto is in the public interest.

Item Number 12

On page 1, delete "109.57,".

On page 7, delete 109.57,".

On page 24 delete the boxed text.

On page 25, delete the boxed text.

On page 27, delete the boxed text.

On page 36, delete the boxed text.

On page 37, delete the boxed text.

On page 395, delete the boxed text.

On page 396, delete the boxed text.

On page 397, delete the boxed text.

On page 398, delete the boxed text.

On page 399, delete the boxed text.

On page 400, delete the boxed text.

On page 401, delete the boxed text.

On page 420, delete the boxed text.

On page 517, delete the boxed text.

On page 552, delete the boxed text.

On page 553, delete the boxed text.

On page 554, delete the boxed text.

On page 555, delete the boxed text.

On page 556, delete the boxed text.

On page 632, delete the boxed text.

On page 1271, delete the boxed text.

On page 1430, delete "109.57,".

On page 1554, delete the boxed text.

On page 1555, delete the boxed text.

Pages 26, 28, 29 and 30 contain inadvertent stamps. It is not my intent to disapprove any items on these pages.

Section 109.57; 109.572; 3310.51-3310.63; 3317.022; 3317.03; 3323.052; 5727.84; 101.02; 269.60.33; 269.60.36 - Special Education Scholarship Pilot Program

This item would create a Special Education Scholarship Pilot Program that would, starting in fiscal year 2009, provide vouchers for students in grades K-12 who have an individualized education program (IEP) to attend private schools, other public school districts, or public entities that are not school districts. The administration believes that funding private schools with public tax dollars deprives the state and its taxpayers of proper oversight and accountability of these programs. Further, by draining funds that would otherwise be used to support public schools, such a program serves to harm the vast majority of students, including disabled students, who attend public schools. The administration is committed to working with the Department of Education and parents to review alternative policies to best meet the needs of all children with disabilities. Indeed, the administration has increased funding for special education by more than 8 percent in each year of the biennium. However, this program does not serve that goal. Therefore this veto is in the public interest.

Item Number 13

On page 477, delete the boxed text.

On page 478, delete the boxed text.

Section 3314.08 (O) - Disputed Enrollment between Community School and District

This language creates an unnecessary burden for local school districts in instances where school districts and community schools dispute enrollment figures and where the two parties are not able to resolve the differences. The Department of Education has worked with affected parties over the past several months to develop a set of business practices to address the concerns related to this item. The business practices developed by the Department will more fairly apply to both community schools and school districts. The creation of new statutory provisions is unnecessary and would limit agency discretion to address the needs of stakeholders and resolve disagreements. Therefore this veto is in the public interest.

Item Number 14

On page 2, delete "3318.36,"

On page 1431, delete "3318.36,".

On page 592, delete the boxed text.

On page 607, delete the boxed text.

On page 608, delete the boxed text.

Section 3318.36(F) - Ranking of Expedited Local Partnership Program Districts

This language would result in moving Expedited Local Partnership Program (ELPP) districts higher on the equity list, and therefore move other districts lower relative to the ELPP districts. This would increase the local share of education costs of some, potentially many, districts. Additionally, this would increase the amounts and millages necessary for school district bond issues. This violates the premise of which Ohio school facilities commission funds are allocated. Therefore this veto is in the public interest.

Item Number 15

On page 1560, delete the boxed text.

Section 269.20.20 ­ Literacy Improvement Professional Development (Reading Recovery Training Network)

This item would provide $900,000 in each fiscal year to fund the Reading Recovery Training Network, provide pilot grants to other districts to implement other reading improvement programs, and conduct an evaluation of the impact and effectiveness of the Reading Recovery program and other reading improvement programs. Reading Recovery is a short term early literacy intervention program. The program accelerates the reading ability of students that have difficulty with reading. The program utilizes job embedded peer coaches and intensive literacy training for the Reading Recovery teachers. The provisions in this item would divert valuable funds from the Reading Recovery program to unproven, non-research based pilot projects. The veto of this item is necessary to ensure the cost effective implementation of this proven research based reading intervention program. Therefore this veto is in the public's interest.

C. Environment and Public Safety

The administration is committed to protecting the well being of Ohioans by protecting our environment and providing public safety services. This budget allows us to move forward on plans to improve the efficiency of state resources and to make improvements in such areas as emergency management. The following vetoes reflect a commitment to utilize our resources wisely and preserve sensible safety policies.

Item Number 16

On page 1718, delete the boxed text.

Section 343.35 - Fairport Harbor

The Ohio Waterways Safety Fund provides grant funding, on a competitive basis, to local communities throughout the state. Communities use these grants for a variety of purposes including enhancing the public's access to water related recreation opportunities and improving access areas for boating safety. The administration recognizes the need for dredging the Grand River at the Village of Fairport Harbor. However, this provision would disadvantage other communities applying for these grant funds. Instead, the Ohio Division of Watercraft has been instructed to work with the Village to address this situation before the 2008 dredging season begins. Therefore this veto is in the public interest.

Item Number 17

On page 1603, delete the boxed text.

Section 281.10 ­ Areawide Planning Agencies

This item requires Ohio EPA to provide up to $75,000 per year to the six areawide planning agencies for water quality management and planning. In recognition of the valuable role of the areawide planning agencies, the Ohio EPA will work closely with each of these agencies in support of their efforts. This provision, however, would have a direct and negative impact on the Division of Surface Water. This earmark would result in a reduction of funds available to the Division of Surface Water impeding the permitting process for 401 water quality certifications and/or NPDES permits, and would negatively affect the State 208 Plan for the 22 counties not covered by an areawide planning agency. Therefore this veto is in the public interest.

Item Number 18

On page 842, delete the boxed text.

On page 843, delete the boxed text.

On page 846, delete the boxed text.

On page 847, delete the boxed text.

On page 848, two red lines were inadvertently added above and below the following text "(5) A fireworks showroom structure that exists on". It is not my intent to box and disapprove this text.

On page 848, delete the following boxed text "the effective date of this section June 30, 1997,".

On page 848, delete the following boxed text "or if a licensee voluntarily so elects,".

On page 848, delete the following boxed text ", in which case division (A)(1) of this section does not apply".

On page 848, delete the following boxed text "the effective date of this section June 30, 1997,".

Section 3743.17, 3743.19, and 3743.25 - Fireworks Law Changes

The language in this provision raises issues and questions around defused sample stores not having proper fire suppression systems and removes law currently in place for public safety protection. The administration believes this language creates potential public safety hazards. Therefore this veto is in the public interest.

Item Number 19

On page 4, delete "3704.14,".

On page 806, delete the boxed text.

On page 807, delete the boxed text.

On page 951, delete the boxed text.

On page 1601, delete the boxed text.

Section 3704.14; 281.10; 4503.10; 105.01 - E-check program

This item requires using decentralized testing programs that employ only onboard diagnostics (OBD) tests. While EPA currently uses OBD testing for some vehicles, the method is ineffective in vehicles manufactured prior to 1996. OBD-only testing would result in an estimated loss of 800 tons per year of air pollution reductions which could lead to tighter restrictions on industry to compensate for the loss. Ultimately this would impede economic development and seriously threaten Ohio jobs. Therefore this veto is in the public interest.

D. Technology

The administration believes that investing in and developing technology in Ohio will help create a competitive, well-connected economy benefiting us individually and collectively. This budget funds Broadband Ohio, a commitment to expanding access to high-speed Internet connections across all of Ohio's 88 counties. The following vetoes reflect a commitment to wisely using the resources available to us and assuring that a sensible advisory structure is utilized.

Item Number 20

On page 1859, delete the boxed text.

Section 3353.02 -3353.03­ eTech Commission Membership and Duties

During its consideration of HB119, the Senate adopted changes to Section 3353.02 making modifications to the membership, operations, organization and duties of the eTech Commission. While it appears as though the Senate language was adopted by the Conference Committee, with one small exception, there are no references to Section 3353.02 in the enrolled bill. At Section 815.03 of the enrolled bill, Section 3353.02 is listed in the group of new or amended sections of code that will go into immediate effect when HB 119 becomes law. Since no modifications to Section 3353.02 are reflected in the enrolled bill, the suggestion that modifications to Section 3353.02 will go into immediate effect when HB 119 becomes law is untenable. It appears as though the Senate amendments to Section 3353.02 were inadvertently left out of the enrolled bill. Nevertheless, the administration disagrees with the changes to Section 3353.02 that were proposed because they would place an undue burden on the Commission in fulfilling its duties, would inappropriately limit the decision making authority of the commission, and unnecessarily limit the governor's ability to appoint the Commission's chair. Although the Senate-enacted changes to Section 3353.02 are not contained in the enrolled bill, because of the reference to the immediate enactment of those changes, this provision is vetoed. Had the changes appeared in their entirety, they would also have been vetoed. This veto is in the public interest.

Item Number 21

On page 1539, delete the boxed text.

On page 1540, delete the boxed text.

Section 263.20.90 - Limitations on NextGen/Third Frontier earmark

This language slows the provision of funding to the NextGen Network and hinders the implementation of the administration's Broadband Ohio Plan. The NextGen Network will improve and consolidate broadband service delivery to Ohio's executive agencies, boards, and commissions, and leverage existing network resources to focus on innovation, research, education, and economic competitiveness. The first phase will, among other goals, establish a foundation upon which broadband network speed can be supplied to all 88 counties. In this phase, the primary task is procurement of equipment necessary to provide the infrastructure for service provision, a task that is substantively different from the competitive process supervised by the Third Frontier Commission. Therefore this veto is in the public interest.

Item Number 22

On page 1605, delete the boxed text.

Section 285.30 Digital/HDTV Earmark

This provision would earmark $1 million to public broadcast stations to purchase and install digital high definition conversion. In a time of limited resources, state investments must be focused on effective responses to public necessities. Therefore this veto is in the public interest.

E. Governance, Management, and Administration

The administration is committed to maintaining the ability of the executive branch to effectively and efficiently manage Ohio's state government. The following vetoes reflect that commitment.

Executive Branch Policy

Item Number 23

On page 892, delete the following boxed text "No rule shall set a price that exceeds twenty dollars to purchase an individual lottery ticket."

Section 3770.03 - Maximum Lottery Ticket Price

This language prevents the Lottery Commission from approving any game with a ticket price exceeding $20. The Ohio Lottery Commissioners have historically exercised their authority to set ticket prices. This provision overrides the authority of the Commission and limits the Lottery's ability to market new games. Therefore this veto is in the public interest.

Item Number 24

On page 892, delete the following boxed text "No rule shall authorize on a Sunday for any lottery game unless the rule is approved by executive order of the governor."

Section 3770.03 - Executive Order for Sunday drawings

This language requires that any game rule approved by the Commission authorizing Sunday drawings must further be approved by an Executive Order of the Governor. Historically, drawing days have been determined exclusively by the Director of the Ohio Lottery upon consultation with the Governor. Game rules do not, by definition, include the timing of a drawing. Therefore this veto is in the public interest.

Financial Management

Item Number 25

One page 1803, delete the boxed text.

Section 503.15 - Controlling Board Notification GRF Subsidy Encumbrances

In a typical fiscal year, more than 200 encumbrances occur that would be subject to additional reporting requirements under this provision. This language imposes an undue burden on the Executive Branch by establishing excessive red tape and duplicative reporting requirements that could interfere with the flexibility of the administration to manage state finances on a daily basis. Therefore this veto is in the public interest.

Item Number 26

On page 83, delete the boxed text.

Section 126.16 (G) - 5% Debt Service Limitation Calculation

This language requires that calculations of the 5% debt limit for the State's "direct obligations" include debt service on obligations that are "avoided" (not issued) as a result of the tobacco securitization authorized in ORC 183.51. This provision creates uncertainty in the calculation of the State's 5% debt limit because it fails to provide necessary guidance for how the debt service that would have been incurred is to be calculated. Further, the provision indicates that any new direct obligations of the State may not be issued without passage of additional issuance authority by the General Assembly. This provision is duplicative of Section 518.03 which requires that the authorization to issue those avoided obligations be reduced on a dollar for dollar basis. The Executive Branch will fully comply with both the letter and spirit of existing constitutional debt limitations. Therefore this veto is in the public interest.

Tax Administration

Item Number 27

On page 1304, delete the boxed text.

5739.029 - Nonresident Motor Vehicle Sales Tax

This item makes it difficult to implement the new requirement to collect the Ohio sales tax from nonresident purchasers of automobiles in a timely and efficient manner. By requiring that every credit and exemption of the customer's home state and local taxing jurisdiction be subtracted from the tax-base, the language would result in an expensive, cumbersome and complex administrative process to calculate and collect the tax. Therefore this veto is in the public interest.

Item Number 28

On page 1809, delete the boxed text.

Section 512.38 - Transfer from Automated Title Processing Fund

The Ohio Constitution, Article XII, §5a prohibits the use of motor vehicle licensing fees or taxes for purposes other than those explicitly set forth in the Constitution. This provision, however, would result in moneys being transferred for purposes outside those provided for in the Constitution. Therefore this veto is in the public interest.

Item Number 29

On page 4, delete "3313.82,".

On page 438, delete the boxed text.

On page 439, delete the boxed text.

On page 440, delete the boxed text.

On page 441, delete the boxed text.

On page 1246, delete the boxed text.

On page 1247, delete the boxed text.

On page 1248, delete the boxed text.

On page 1249, delete the boxed text.

On page 1250, delete the boxed text.

Section 3313.82 - Cuyahoga County Special Services District

This provision allows multiple school districts from a county with 1.2 million people to form a Special Services District to serve special education students. This provision would create one special tax district in the state and empower the district to tax and issue debt. The impact of granting the tax and debt issuance authority is unknown. Therefore this veto is in public interest.

Program Management

Item Number 30

On page 5, delete "5111.085,".

On page 9, delete "5111.085,".

On page 1105, delete the boxed text.

On page 1106, delete the boxed text.

On page 1107, delete the boxed text.

Section 5111.17-Managed Care Reimbursement Rates

This item specifies payment standards for Medicaid managed care organization rates. Sections of the language restate the federal Medicaid payments standards. Other sections impose additional requirements over and above the federal requirements. To the extent the language restates federal payment requirements, it is unnecessary as the state is required to comply with federal Medicaid requirements. To the extent the language imposes requirements over and above federal requirements, the language could result in unnecessary costs. Therefore this veto is in the public interest.

Item Number 31

On page 5, delete "5111.165,".

On page 5, delete "5111.166,".

On page 9, delete "5111.165,".

On page 9, delete "5111.166,".

On page 1105, delete the boxed text.

On page 1106, delete the boxed text.

On page 1107, delete the boxed test beginning with "health insuring" and ending with "reports." And beginning with "(1)" and ending with "rates".

Section 5111.165 - Risk adjusted managed care rates

This item specifies payment standards for Medicaid managed care organizations. The language imposes requirements over and above federal requirements and could result in payments over and above federal requirements. The proposed language will restrict the ability of the Department of Job and Family Services to set rates in a manner that is prudent and fiscally responsible. Further, this provision compromises the Department of Job and Family Services' ability to manage the Medicaid program in an efficient manner. Therefore this veto is in the public interest.

Item Number 32

On page 1642, delete the boxed text.

On page 1643, delete the following boxed text, "approved by the Controlling Board".

On page 1643, delete the following boxed text, beginning with "submit" and ending with "shall".

On page 1643, delete the following boxed text, "approved by the Controlling Board".

Section 309.30.16-Medicaid Reserve Fund

This item creates a Medicaid reserve fund and requires the Office of Budget and Management to seek Controlling Board approval to transfer $120,000,000 of the state share in fiscal year 2008 and $205,000,000 of the state share in fiscal year 2009 to the General Revenue Fund. This requirement infringes upon the Executive Branch's authority and limits the state's ability to effectively manage the Medicaid program. Therefore this veto is in the public interest.

Item Number 33

On page 1072, delete the boxed text.

On page 1641, delete the boxed text.

On page 1005, delete the boxed text.

Section 5111.017 - Electronic Submission and Maintenance of Applications

This language requires electronic submission and maintenance of Medicaid applications by county boards. This constitutes an unfunded mandate, creates competing records storage systems for the same material, and conflicts with the Department of Job and Family Services' comprehensive information technology efforts and implementation strategy. Therefore this veto is in the public interest.

Item Number 34

On page 5, delete "5111.0120,".

On page 9, delete "5111.0120,".

On page 1069, delete the boxed text.

On page 1074, delete the boxed text.

Section 5111.0121 - Electronic Submission of Medicaid Applications

This language requires electronic submission of Medicaid applications. This language is inconsistent with the administration's comprehensive information technology plan. The language will divert resources from the plan to new requirements while offering uncertain benefits to the state and to Medicaid applicants. Therefore this veto is in the public interest.

Item Number 35

On page 825, delete the boxed text.

On page 825, it is not my intent to box "Sec. 3727.391." A correction has been made to inadvertent boxing of this text with correction fluid.

On page 1630, delete the boxed text.

Section 3727.391 - Hospital Performance Data

This provision requires the Director of Health to enter into a contract with an outside vendor to create a website listing data on hospital performance. The administration agrees that it is important for Ohioans to have access to valid, complete and easy-to-use data measuring hospital performance. However, the $50,000 appropriated here is not sufficient to carry out the required task using an outside contractor. To best serve the public's need for this information while safeguarding our limited resources, the requirement that the Department of Health pay an outside contractor to create this website is vetoed and the Department has been instructed to create this website using current staff and internal resources. Therefore this veto is in the public interest.

Item Number 36

On page 1643, delete the following boxed text, beginning with "SECTION 309.30.18" and ending with "Code."

Section 309.30.18 - Medicaid Provider Audits

This item provides $2,000,000 per year for the Auditor of State, in consultation with the Department of Job and Family Services, to perform audits of providers of Medicaid services. The Department already performs this function, and paying the Auditor to repeat this task is an unnecessary expense in view of the funding limitations being imposed on the Department in HB119. Therefore this veto is in public interest.

Item Number 37

On page 1501, delete the boxed text.

On page 1501, the phrase "shall be used for community based care" was inadvertently boxed. It is not my intent disapprove this text.

Section 335.20.50 - Auditor of State Performance Audit of the Department of Alcohol and Drug Addiction Services

This provision calls for an unfunded performance audit performed by the Auditor of State that is duplicative of the internal review of policies and procedures included in the Executive Budget. The goal of the internal review provision that was included in the Executive Budget was to ensure that the state's Alcohol and Drug Addiction Services system operates as efficiently as possible to ensure Ohioans receive the services they need with savings resulting from the review being used to support community services. This audit would require the expenditure of resources that could be utilized to benefit the community. The administration believes that the internal review process is sufficient and will yield useful results. Therefore this veto is in the public interest.

Item Number 38

On page 1693, delete the boxed text.

On page 1694, delete the boxed text.

Section 335.20.50 - Auditor of State Performance Audit of the Department of Mental Health

This provision calls for an unfunded performance audit performed by the Auditor of State that is duplicative of an internal review of policies and procedures included in the Executive Budget. The goal of the internal review provision included in the Executive Budget was to ensure that the state's Mental Health Services system operates as efficiently as possible to ensure Ohioans receive the services they need with savings resulting from the review being used to support important services. This audit would require the expenditure of resources that could be utilized to benefit Ohioans in need. The administration believes that the internal review process is sufficient and will yield useful results. Therefore this veto is in the public interest.

I signed this veto message on June 30, 2007 in Columbus, Ohio and transmitted it, today, with copies of the disapproved text, to the Clerk of the Ohio House of Representatives.

In order to signal my approval of the text not disapproved by me, I have, today, also filed the enrolled and engrossed original copies of the bill with the Secretary of State.

Ted Strickland, Governor

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June 28, 2007 – Fire Marshal Urges Ohioans to Attend Public Fireworks Exhibitions and Encourages Safety When Using Legal Fireworks

Columbus, Ohio – State Fire Marshal Michael P. Bell this year is encouraging Ohioans to attend public fireworks displays hosted by local municipalities and licensed exhibitors in order to reduce the risk of fire and injury this July 4th.

"The greatest way for Ohioans to prevent injury during the summer months is to attend a licensed, professional fireworks exhibition," said Marshal Bell. "Keep in mind that even trick and novelty fireworks like sparklers are inherently dangerous and can cause serious injury."

The only type of fireworks that can be legally purchased and set off in Ohio are trick and novelty fireworks. These include items that smoke, sparkle, snap and snake. For those who choose to have a family fireworks display using these legal fireworks, Marshal Bell encourages people to follow some important safety tips.

  • Handle and discharge trick and novelty devices only under adult supervision.
  • Appoint one adult to be in charge. This person should know the hazards of each type of firework being used.
  • Carefully read and follow the label directions on the trick and novelty device packaging.
  • Light only one sparkler at a time and hold it away from your body.
  • Sparkler wires should immediately be placed in a bucket of water to avoid injury as they remain hot for a few minutes after burnout.
  • If someone gets burned, run cool water over the wound for two or three minutes and seek medical attention when necessary.

Other fireworks, like those sold at fireworks stores around Ohio, can be legally purchased here, but you must agree to take them out of Ohio to set them off. "You must be at least 18 years of age to buy things like firecrackers and bottle rockets at the stores you see along the roadways of Ohio," said Bell. "But firing them off within state boundaries is prohibited."

Under Ohio's fireworks law, stiff penalties can be applied for the illegal possession or discharge of fireworks. It is a first-degree misdemeanor for non-licensed individuals to discharge fireworks in Ohio, to falsify an application when purchasing fireworks, or to possess them for more than 48 or 72 hours without taking them to the designated out-of-state address. First-time offenders are subject to up to a $1,000 fine and six months imprisonment. Subsequent violations become felonies of the fifth degree.

2007 Fireworks Frequently Asked Questions

What Types of Fireworks Are Legal in Ohio?

There are three types of fireworks in Ohio: Trick and novelty; 1.3G (display fireworks) and 1.4G (consumer fireworks).

Trick and Novelty Fireworks

Trick and novelty fireworks (also known as exempted 1.4G fireworks) include items such as sparklers, snaps, glow snakes and smoke bombs. In general, these can be sold anywhere in Ohio and can be used anywhere in the state. However, some local communities also have passed laws that prevent these from being sold.

1.3G Fireworks

These are also known as display or exhibitor fireworks and include items such as aerial shells that are fired from mortars. They can only be sold by a licensed manufacturer, wholesaler, or, under limited circumstances, out of state shippers. They can only be sold to a licensed manufacturer, wholesaler or exhibitor. They can only be discharged by a licensed exhibitor in accordance with Ohio laws regarding exhibitions.

1.4G Fireworks

These are commonly referred to as consumer fireworks. They include items such as firecrackers, bottle rockets, roman candles and fountains. Only a licensed manufacturer or wholesaler can sell these items. Anyone over the age of 18 may purchase these items, but must sign a form certifying the purchaser will transport the fireworks outside the state of Ohio within 48 hours (or 72 for non-residents of Ohio). These fireworks cannot be discharged legally in the state of Ohio.

How Many Fireworks Stores are in Ohio?

There are 42 licensed wholesalers in Ohio. A licensed wholesaler may sell trick and novelty, 1.3G and 1.4G fireworks. In addition, there are 8 licensed manufacturers. They may manufacture fireworks as well as sell fireworks. In total, this makes 50 licensees who are authorized to sell fireworks in Ohio. There is currently a moratorium preventing the issuance of any new licenses.

What is a Purchaser Form?

A purchaser form is required to be filled out when purchasing 1.4G fireworks. It requires the purchaser to certify that the purchaser will transport the fireworks out of state within 48 hours if the purchaser is an Ohio resident and 72 hours if the purchaser is not. A destination must be given.

Are there penalties for failing to follow Ohio´s fireworks laws?

Yes. Most first time violations of fireworks laws are first-degree misdemeanors, punishable by up to a $1,000 fine and six months in jail. Most subsequent fireworks violations are a fifth degree felony. Violations include falsifying the purchaser form, failing to fill out the form, failing to transport fireworks out of state within the specified time period, and discharging 1.4g fireworks. In addition to criminal prosecution, licensed fireworks manufacturers and wholesalers are subject to administrative enforcement actions for violations.

What are the dangers of using fireworks?

All fireworks are inherently dangerous. Consumer fireworks cannot be discharged legally in Ohio. For those who choose to use novelty items, the State Fire Marshal urges extreme caution. While legal, these can still pose serious health problems, including severe burns, injuries to the hands, eyes and face, and even blindness or hearing loss. For example, sparklers burn at up to 1800º, hot enough to melt gold. The risk of severe burns is real. In addition, puncture-type injuries to the eye are not uncommon. Also, most fireworks require a source of ignition, creating other hazards associated with supplying children with matches or lighters. The safest way to enjoy fireworks is to attend a show by a licensed exhibitor.

How many injuries result from fireworks use?

The U.S. Consumer Product Safety Commission (CPSC) estimates that in 2006, about 9,200 people were treated in hospital emergency rooms for injuries associated with fireworks. Approximately half of the injuries were burns. The injuries most often involved the hands, eyes and head. The highest injury rates were for adults and children under the age of 20. The CPSC also reported 11 deaths related to fireworks in 2006. There is no specific system for tracking such injuries in Ohio.

How Does the State Fire Marshal promote fireworks safety in Ohio?

The Department of Commerce actively reviews and works to increase fireworks safety, both in showrooms and for public exhibitions. The department focuses on the regulation and education of the fireworks industry and those involved in the exhibition of fireworks.

In 2007 to improve safety at exhibitions, the Division of State Fire Marshal conducted in-service training classes for exhibitors, members of the fire service, wholesalers and manufacturers. The Division of State Fire Marshal implemented a fireworks incident team (FIT) plan of operations to respond to the scene of any fireworks accident to investigate and assist local authorities. Investigations by FIT have lead to both administrative and criminal action being taken against exhibitors who fail to follow the regulations.

What is the Process for Fireworks Exhibitions?

A permit from local authorities is required for all exhibitions. That permit requires the signature of both the local fire chief and law enforcement official certifying the exhibition will be conducted in a safe manner. The permit specifies the date, time, location and various other parameters of how the exhibition will take place. As part of the permit process, the law requires local authorities to inspect the exhibition site using a State Fire Marshal issued checklist of the shoot site before, during and after the exhibition. During the shoot, only registered employees and the certified fire safety official are allowed within the discharge site.

Only licensed fireworks exhibitors can perform fireworks exhibitions. There are approximately 428 exhibitors in Ohio. All employees of exhibitors must be registered with the State Fire Marshal. There are about 1275 registered assistants of licensed exhibitors. Exhibitors must undergo six hours of training on fireworks laws and safety every three years, and must, in turn, relay that training to all employees on an annual basis.

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June 27, 2007 – Governor Strickland Praises Passage of First Budget

Columbus, Ohio – Ohio Governor Ted Strickland today praised members of the Ohio Legislature for passing a budget that will expand healthcare for children, increase funding for schools, cut taxes for seniors and aggressively invest in job-creating scholarship and research.

"I am proud to say we have a budget that delivers for Ohio families by focusing on the issues that really matter to them," Strickland said. "The leaders in the House and the Senate all deserve tremendous credit for their work on behalf of the people of Ohio.

"This is what the budget means to Ohio families: healthcare access for all children in Ohio, tax relief to every senior citizen homeowner and disabled homeowner in Ohio, a record amount of state support for local schools, a two-year tuition freeze at all Ohio public universities and colleges, and significant increases in support for research and scholarship tied to job creation.

"We have created a budget that we can all be proud of and that will begin to turn Ohio around."

Highlights of the budget include:

Healthcare Access for All Ohio´s Children

  • All children up to 300 percent of the federal poverty line will have access to healthcare through the State Children´s Health Insurance Program.
  • Families at incomes above 300 percent of poverty will be able to buy health coverage from the state for children with special needs that prevent them from qualifying for private insurance.

Tax Relief for Approximately One in Four Ohio Homeowners

  • The Homestead Tax Exemption will be expanded for Ohio´s senior citizen and disabled homeowners ­ giving a tax cut to approximately one in four Ohio homeowners.

Record Investment in Public Schools

  • Including all sources of state support for local schools, the budget will bring the percentage of state support of local schools to nearly 54 percent.

Historic Levels of Funding for Ohio's Public Colleges and Universities

  • A two-year tuition freeze will be established for all students attending Ohio´s public colleges and universities.
  • Ohio college students receiving the Ohio College Opportunity Grant will double in the first year and triple in the second year.
  • $8.5 million in state seed money will be designated to help raise $100 million in private scholarship support (a partnership with the Ohio College Access Network).
  • Creation of Accelerate Ohio, a program designed to help adult workers pursue higher education by providing college credit for appropriate work-related certificates and training programs.
  • Adult career technical education programs will be transferred from the Ohio Department of Education to the Ohio Board of Regents, creating a seamless system of lifelong learning and higher education opportunities for Ohio´s workers.
  • A new Ohio Innovation Partnership will be created that includes two new programs. The Choose Ohio First Scholarship, a $100 million scholarship program, to be leveraged by at least $100 million in private dollars or other support, to encourage Ohio students to study science, technology, engineering or mathematics, or become teachers in those fields. The Ohio Research Scholars program, a $50 million effort to recruit world-class scholars tied to job creation in Ohio's regional economies.

Programs to prepare Ohio´s Young People for the Jobs of the Future

  • 5 new STEM (Science, Technology, Engineering and Mathematics) schools for grades 6-12 will be created.
  • Existing STEM Programs of Excellence will be strengthened, allowing charter schools and school districts to enhance their current programs.

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June 26, 2007 – State Releases Evaluation of Medicaid Assisted Living Program

Columbus, Ohio – The Scripps Gerontology Center at Miami University this week published the final report of its evaluation of Ohio's Assisted Living Medicaid Waiver Program. The waiver is administered by the Ohio Department of Aging and operated through the regional network of PASSPORT Administrative Agencies. Researchers at Scripps evaluated the program's performance for the initial implementation period, July 2006 through March 2007.

"The Assisted Living Medicaid Waiver Program is the latest addition to Ohio's array of long-term care options for our citizens," said Barbara E. Riley, Director of the Department. "It was important to all stakeholders that we not only make this option a reality, but that we also ensure that the program provides real, quality choice to those who access it. This evaluation is a crucial first step toward that goal."

Among the Key Evaluation Findings:

  • Enrollment in the program was slower than originally anticipated, although Ohio's implementation experience is similar to that of other states.
  • Participants in the Assisted Living Waiver Program report high levels of disability. Half have four or more impairments in their ability to perform activities of daily living such as bathing and dressing; three quarters have three or more activity limitations.
  • Assisted living waiver participants report high levels of satisfaction with the enrollment process, with 85 to 90 percent rating the help from assisted living facilities and case managers as good or excellent.
  • The average monthly reimbursement rate across all regions of the state, combining room and board and service was $2,711. The statewide average monthly rate by region for Medicaid nursing home care was $5,059.

"This study provides an important first look at the program. However, because of the slower than expected build-up and the short time frame of the evaluation, results should be viewed as preliminary in nature," researchers summarized in their report. "As the program expands both the number of consumers and the type and number of facilities that participate in the waiver, ongoing monitoring of data on the profile of residents, quality, and costs will be essential."

"Perhaps the most valuable information this evaluation provides us is concrete, supported ideas that will help us assess what we can do differently to increase participation and provide this quality option to as many Ohioans as possible," added Riley.

The Ohio General Assembly authorized the Assisted Living Medicaid Waiver Program in the 2006/2007 biennium budget. The program was approved by the federal Centers for Medicare and Medicaid Services (CMS) and began operations in July 2006. As of June 1, 2007, 193 individuals had entered the program and 190 were on a waiting list, most of whom are waiting for a suitable facility. Statewide, 54 assisted living residences participate in the program.

Read the full evaluation report online...

About ODA
The Ohio Department of Aging provides leadership for the delivery of services and supports that improve and promote quality of life and personal choice for older Ohioans, adults with disabilities, their families and their caregivers. Working with 12 area agencies on aging and other community partners, the department offers home- and community-based Medicaid waiver programs such as PASSPORT, the long-term care ombudsman program, the Golden Buckeye Card and more. Visit aging.ohio.gov.

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June 25, 2007 – Ohio Department of Agriculture Hosts International Buyers

Columbus, Ohio – The Ohio Department of Agriculture and the Food Export Association of the Midwest USA will provide an opportunity to meet over 20 buyers representing 17 countries during the Midwest Buyers Mission. Participants will have 30 minutes to meet with each individually pre-selected buyer. In addition to establishing new relationships and initiating new export sales, these meetings will provide the chance to gain valuable feedback regarding product potential in international markets.

Ohio companies cannot afford to pass up this chance to meet with up to 10 retail and foodservice buyers from all over the world and potentially increase export sales without having to leave the state. Ohio Department of Agriculture marketing staff is available to help companies prepare for this event through the Trade Event Preparation Service program. Through this service, companies will learn:

  • How to develop competitive, accurate export pricing for the selected market.
  • How to execute an international export transaction on a timely basis.
  • Information on HS numbers (identification numbering system) for each export product.
  • Discuss the top 25 export markets for company products.
  • How to ask the right questions regarding outstanding issues on quoting and shipping.
  • How pre-payment, open account, documentary collections, and letters of credit differ.
  • Information on freight forwarders, air or ocean carriers, and export certificate agencies.
  • How to maintain accurate and timely follow-up regarding buyer questions after meetings.

Food Export Association of the Midwest USA is a private, non-profit association of Midwest state agricultural promotion agencies that use federal, state, and industry resources to promote the export of Midwest food and agricultural products. For questions please call Tim Sword, Ohio Department of Agriculture at 614-752-9816 or Food Export Association of the Midwest USA at 312-334-9200.

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June 21, 2007 – Governor Strickland Encourages Weather Safety and Preparedness During National Lightning Safety Awareness Week, June 24-30, 2007

Columbus, Ohio – Governor Ted Strickland, in coordination with the Ohio Committee for Severe Weather Awareness, is reminding every Ohioan to be cautious and safe, especially when there is a greater likelihood for both lightning and severe thunderstorms.

"During these warm summer months, I encourage you and your family to take advantage of Ohio´s tremendous recreational resources," said Governor Strickland. "Please remember though to keep alert for any risk from severe weather."

In conjunction with the National Weather Service´s proclamation of National Lightning Safety Awareness Week, Governor Strickland has issued a resolution proclaiming June 24-30, 2007 as "Lightning Safety Awareness Week" in the state of Ohio.

This year is the nation´s fourth annual promotion of National Lightning Safety Awareness Week. The purpose of the week is to help safeguard people from the hazards of lightning and to lower deaths and injuries due to lightning strikes. According to the National Weather Service, nation wide in 2006 there were 47 confirmed deaths due to lightning strikes and 246 confirmed injuries. Because lightning usually claims only one or two lives at a time and does not typically cause mass destruction of property, it is underrated as a risk.

The National Weather Service says: "When thunder roars, go indoors!" Other safety and preparedness tips promoted by the Ohio Committee for Severe Weather Awareness are as follows:

  • Listen to your NOAA Weather Radio or local television or radio station to receive up-to-date information on weather conditions and storm watches and warnings.
  • Watch the skies for developing thunderstorms. Thunderstorms are most likely to develop on spring or summer days. Several different processes can start air rising and then cumulus clouds can form. Eventually, under the right conditions, these clouds can grow vertically into towering clouds, which is often the first sign of a developing thunderstorm.
  • If you can hear thunder, you are within striking distance. Seek safe shelter immediately. Lightning can strike as far as 10 miles from the area where it is raining. If the sky looks threatening, take shelter before the thunder and the rain begin.
  • While indoors during a thunder and lightning storm, stay off corded telephones, computers and other electrical equipment that would put you in direct contact with electricity. Avoid water. It is an electrical conductor. Do not shower or wash dishes during storms.
  • If you are outside, and a thunderstorm is imminent, stop or avoid outdoor activities and seek shelter immediately. Avoid or stop water activities such as swimming, fishing or boating. Never use solitary trees for shelter. And stay away from all metallic objects such as fences, poles and power lines.
  • If a person is struck by lightning, call 911 and get medical care immediately. It is safe to treat people struck by lightning. They don´t carry an electrical charge. Cardiac arrest and irregularities, burns and nerve damage are typical life-threatening injuries when a person is struck. Knowing first aid measures such as cardiopulmonary resuscitation (CPR) can help lightning-strike victims survive. American Red Cross chapters and local fire departments often offer first aid and CPR classes.

For additional information on lightning safety and severe weather preparedness, go online to: www.lightningsafety.noaa.gov or www.weathersafety.ohio.gov.

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June 20, 2007 – Governor Reports Additional Data Found on Stolen State Data Device

Columbus, Ohio – Ohio Governor Ted Strickland today announced the state has determined that additional information is contained on the computer back-up device stolen last week, and will extend Debix services to taxpayers and other Ohioans with sensitive data which has been found on the device.

It remains unlikely that someone can access the data contained in the device without specialized knowledge and equipment. The State of Ohio has no information to date that the data has been accessed, but continues to encourage everyone to take preventative precautions.

"While it is unlikely that someone can access the data contained in the device without specialized knowledge and equipment, we are proactively providing identity theft prevention and protection services to the people of Ohio now impacted by this situation," Strickland said. "However, we have no information to date that the data has been accessed."

Among the newly confirmed data on the device:

1. A list of taxpayers with uncashed state personal income tax refund checks (and/or school district income tax refund checks) issued in 2005, 2006 and through May 29, 2007

The file contains the names, social security numbers and check amounts of up to 225,000 taxpayers with uncashed state personal income tax refund checks (and/or school district income tax refund checks) issued in 2005, 2006 and through May 29, 2007. This includes checks that were cashed after May 29, 2007. The list did not contain mailing addresses or bank account information.

2. A list of lottery winners with uncashed checks

The file includes the names and social security numbers of 602 lottery winners who have yet to cash the check for their lottery winnings.

3. A list of uncashed checks from unclaimed funds payments

The file includes the names and social security numbers of 2,488 Ohioans who have yet to cash checks for unclaimed funds payments.

4. A list of rejected Electronic Funds Transfers (EFT)

The file includes the names and bank account numbers for approximately 650-1,000 EFT transactions that were unable to be completed because the EFT was bounced back from the banking institution.

"We will continue working hard to make sure that everyone affected by this data theft has up-to-date information as we confirm it," Strickland said. "I want to thank all the state employees who are giving their time to staff the call centers to assist their fellow state employees and Ohioans."

To assist taxpayers in the protection against the potential, though unlikely, misuse of personal information, the state is offering one year of free identity theft prevention and protection services through Debix.

Starting later today, taxpayers will be able to search an online database at www.ohio.gov/idprotect to see if their name is listed in the files contained on computer back-up device stolen last week. If the search comes back that the taxpayer´s name is on the list they will receive a pin number that will allow them to sign up for Debix services.

In addition, letters with PIN numbers are being sent tomorrow morning to those whose personal information was included on the list. Additionally, www.ohio.gov/idprotect and an automated telephone number 1-888-644-6812 will have updates for taxpayers as a resource to find the latest information available.

Those individuals affected by the lottery, unclaimed funds and EFTs will be eligible for Debix and will be notified by mail.

If anyone has additional questions and would like to speak to a live person regarding how they may be affected by today's announcement or needs help in finding access to a computer, they should call 1-800-267-4474 Monday through Friday from 8:00 a.m. to 5:00 p.m. beginning Thursday, June 21, 2007 at 8:00 a.m.

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June 19, 2007 – Ohio Lake Erie Commission Seeking Nominations for 2007 Ohio Lake Erie Awards

Deadline for submitting nominations is July 19

Toledo, Ohio – Individuals and organizations from Ohio that have shown exceptional dedication to preserving Lake Erie as the state's premier natural resource are eligible to receive the 2007 Ohio Lake Erie Award.

Each year, the commission honors one person and one organization that have worked to protect and restore Lake Erie and its watershed. Since 1995, 12 individuals and 12 organizations have been recognized for their efforts to enhance Lake Erie. Nominating a person or organization for this award shows special appreciation for those who work to improve the lake's watershed and support the goals of the Lake Erie Protection Fund.

Nomination forms for this year's awards are available by calling 419-245-2514, or on the commission's Web site at http://www.lakeerie.ohio.gov/.

All nominees must comply with established award criteria. Elected officials and state employees are not eligible, and work to benefit Lake Erie should not be a part of the nominee's regular employment. A nomination should represent efforts in Ohio performed by Ohioans.

Nomination forms must be completed and returned to the Ohio Lake Erie Commission offices by 5 p.m. on Thursday, July 19 in order to be eligible for consideration. Winners will be announced at the Commission's annual meeting on September 5.

The Ohio Lake Erie Commission was created to preserve Lake Erie's natural resources, enhance its water quality and promote economic development in the region. The director of the Ohio Department of Natural Resources serves as the commission's chairman. Additional members include the directors of the departments of transportation, development, health, agriculture and the Ohio Environmental Protection Agency.

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June 18, 2007 – Surplus Auction Set for June 23

Columbus, Ohio – State and Federal Surplus will host a miscellaneous property auction at 9 a.m. Saturday, June 23 at 4200 Surface Road, Columbus.

The hundreds of items for sale include computer and other electronic equipment, office furniture and a wide range of miscellaneous other items, including tools, office supplies and lockers. To view some of the items, please click here.

Gates open at 8 a.m.

Surplus property auctions provide the general public an opportunity to purchase quality goods at reduced prices and enable the state to recoup a portion of its initial investment. Auctions have generated about $3.5 million to date during fiscal year 2007.

Public auctions are the last step in the state's surplus program. State agencies declare property as surplus because it is damaged or at the end of its life cycle for government use. The property is then made available to other state agencies, state higher education facilities, tax-supported agencies, municipal corporations and other political subdivisions of the state, including public schools. Remaining property is sold at the public auctions. Auction merchandise also includes items collected by the Transportation Security Administration from airline passengers.

For more information, including payment requirements and directions, visit the State and Federal Surplus Web site at www.ohio.gov/surplus or call (614) 466-7636.

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June 17, 2007 – How State of Ohio Employees May Protect Themselves From ID Theft

Columbus, Ohio – Due to the recent incident involving the loss of a state of Ohio data storage device, Gov. Ted Strickland directed the Ohio Department of Administrative Services (DAS) beginning on Friday, June 15 to take several steps to help protect state employees from identity theft.

State officials continue to stress that there is no reason to believe any data has actually been accessed on the device.

Actions that have been taken thus far:

  • A special website for state employees was set up on Friday, June 15 at www.ohio.gov/idprotect. This site contains up-to-date information on the status of events, information on how to protect personal identity and banking information, dependent information, a list of frequently asked questions which has been updated daily, a listing of state call center information for live assistance, and information about how to register for the state's free identity theft and prevention program.

  • A call center was established with assistance from the Ohio Emergency Management Agency and the Office of Consumers Counsel on the morning of Friday, June 15. Operators have up-to-date information for state employees who wish to speak live to someone about the incident. The call center operated throughout the weekend and fielded over 1,600 calls by Sunday morning. State employees may reach the call center by dialing either 800-267-4474 or 877-742-5622. The call center's ongoing hours are:
    Sunday, June 17 – 10:00 a.m. to 4:00 p.m.
    Beginning Monday, June 18, Monday through Friday, 8 a.m. to 5 p.m.
    These hours remain in effect until further notice. State employees may call during work hours.
  • DAS contracted with Debix, a provider of personal identity theft and prevention services, on Friday, June 15. The Debix service is now available to all state of Ohio employees and their dependents 18 years of age and older free of charge. Information on the Debix program and a link to the state of Ohio's Debix website may be found at www.ohio.gov/idprotect.

  • The state began providing information on how to protect the identities of dependents less than 18 years of age on Saturday, June 16. This information is:
    TransUnion has set up a special email address for parents and guardians to use: childidtheft@transunion.com. TransUnion should respond to your email in a timely manner.

    If you find that a credit file exists in your child's name, we strongly recommend you contact the Identity Theft Resource Center at:

    Identity Theft Resource Center
    PO Box 26833, San Diego CA 92196
    Phone: 858-693-7935
    Mon-Fri 9am-4:30pm Pacific Time
    Email: itrc@idtheftcenter.org
  • A letter will be sent to the homes of all state employees on Monday, June 18, regarding this issue.

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June 17, 2007 – State Data Review Update – June 17

Columbus, Ohio – Ohio Governor Ted Strickland today announced the state has determined that additional information is contained on the computer back-up device stolen last week.

The Governor also announced today he will seek to engage Matthew Curtin, a nationally known expert on information technology, security and data forensics, to assist with the state´s ongoing review of the information in the stolen data device. Curtin is the founder of a Columbus-based firm, Interhack, dedicated to computer trustworthiness and information protection.

"Our review of the information in the stolen data device will continue until we have determined, with the assistance of this nationally recognized data forensic expert, that we have identified every piece of sensitive information contained in the device," Strickland said. "We will continue to inform the public as new information becomes available."

Among the newly confirmed data on the device:

1. Information Related to Uncashed Temporary Assistance for Needy Families (TANF) Payments

The file contains individual TANF recipient´s names and TANF case ID numbers. Together, this information is considered confidential; however, it poses a remote threat of identity theft. The file contains 153,517 records. This file is believed to contain duplicates because Ohio´s TANF caseload is approximately 84,000.

2. Payroll Vendors

The file includes the name and federal tax identification number of vendors that receive payroll deduction payments from the State of Ohio. Approximately 1,200 records are included on this file. Additionally, 16 of those records contain vendor banking information. The State Data Review Team is continuing to analyze this file for additional information.

The Highway Patrol has made a P.O. Box available for any person to anonymously mail information related to the theft of the device, or the device itself:

P.O. Box 361901
Columbus, Ohio 43236

Saturday, the Highway Patrol established a tip line to report any information on the location of the device or suspect information: 1-877-OHSINTEL or 614-799-3555.

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June 16, 2007 – State Data Review Update – June 16

Columbus, Ohio – Ohio Governor Ted Strickland today announced that the state has determined additional sensitive information is contained on the computer back-up device stolen earlier this week.

"As part of the ongoing data review, we have determined that additional information is included on the stolen data storage device," Strickland said. "While it is unlikely that the information contained in the device can be accessed by someone without specialized knowledge and equipment, we believe it is important to continue to inform the public as new information becomes available."

"We know that additional sensitive data is contained in the stolen device but we do not know the full extent of the information as the ongoing review of the data continues. We will continue to inform Ohioans if more sensitive information is found to be included on the data device as soon as that information is confirmed."

Among the newly confirmed sensitive data on the device:

1. School district and local government Electronic Funds Transfer

The files include school district names, local government names, and school district and local government bank account information. There are 2,685 records. The State Data Review Team is working under the assumption that this file includes all local governments and school districts.

2. Medicaid provider EFT

The files include Medicaid provider names, tax identification numbers, address and bank account information. There are 159,708 records in this file. The State Data Review Team is working under the assumption that this includes all Medicaid providers. Many of the records are likely duplicates.

3. State Employees STRS Payment

This file contains the names, social security numbers and STRS account numbers for the 1,031 state employees who are teachers in the State Teachers Retirement System.

The 1,031 includes current state employees whose information was already known to be in the data device. It also includes state employees who have retired since 12-21-05 who pay into STRS because the file was created on that date.

4. Electronic Funds Transfer Reimbursement

This file includes information pertaining to 28,362 state employees and vendors who are recipients of Electronic Funds Transfers. The file was created on 4-3-07.

The dataset includes state-assigned employee numbers, addresses, phone numbers and EFT banking information.

The Highway Patrol has established a tip line to report any information on the location of the device or suspect information: 1-877-OHSINTEL or 614-799-3555.

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June 15, 2007 – Governor Calls for State Inspector General to Investigate Theft of Data Storage Device

Stolen Device May Contain Additional Personal Information

Columbus, Ohio – Ohio Governor Ted Strickland tonight called for the State Inspector General to investigate the circumstances surrounding the theft of a state computer back-up device and the state's response to the theft. He called for this investigation after being informed tonight that additional personal information may be contained in the stolen device.

It is highly unlikely that the information contained in the stolen device has been accessed because specialized knowledge and equipment are required to extract it.

"As we are continuing an ongoing review of the data contained in the stolen device, we have determined that information pertaining to participants in the state's pharmacy benefits management program, including information such as names, social security numbers, addresses and phone numbers of the employees and the names and social security numbers of their dependents, may be contained in the device," Strickland said.

The governor stressed that while it would be very difficult for a thief to access the information in the data storage device, it is important that employees and other Ohioans whose information could be at risk be informed immediately so they can take precautions to protect themselves from potential identity theft.

"I urge all state employees to visit the State Employee Identity Protection website, www.ohio.gov/idprotect, to learn how to sign up for free identity theft prevention services," said Strickland.

"We will continue this ongoing review and if additional personal information is confirmed to be on the missing data device we will make that information available as we know it."

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June 15, 2007 – Governor Reports Theft of State Data Storage Device

  1. Data Privacy and Security are Critical. Ohio's state agencies have the responsibility to carefully safeguard the sensitive personal information of state employees and other Ohio citizens that is in their possession. Proper management of social security numbers, financial institution account numbers and other similar sensitive personal information respects the privacy of those individuals associated with that data and helps protect against identity theft and other misuse of personal information.
  2. Enhanced Data Privacy and Security Measures Are Needed. In order to properly protect personal data held by Ohio's state agencies, I am ordering the following:
    1. The Chief Privacy Officer at the Office of Information Technology will be responsible for coordinating the implementation of improved data security measures.
    2. Within seven days, all agency directors shall designate a Data Privacy Point of Contact (DPPOC) and notify the Chief Privacy Officer of that designation.
    3. All agency directors shall immediately review and begin updating existing information technology security policies and practices to make sure that they comply with the current statewide Office of Information Technology security policies. Within sixty days, the DPPOC at each agency shall provide a report to the Chief Privacy Officer detailing the state of compliance at their respective agencies and the steps and time necessary to achieve compliance.
    4. In recognition of the significance of the Ohio Administrative Knowledge System (OAKS) to the information technology infrastructure of Ohio's state government, the Chief Privacy Officer shall, within one week, assure the commencement of a comprehensive, independent third party security assessment of OAKS' compliance with the current statewide Office of Information Technology security policies and internal agency policies and procedures. That assessment shall be completed within forty-five days and within thirty days thereafter, the Chief Privacy Officer shall provide a report to Ohio's Chief Information Officer detailing OAKS' state of compliance and the steps and time necessary to achieve compliance.
    5. Within seventy-five days, the Chief Privacy Officer shall develop a privacy impact assessment protocol that will analyze how certain data is handled by state agencies. In particular, the assessment protocol will: (i) scrutinize the extent to which agencies handle information in a manner that conforms to state and federal legal, regulatory, and policy requirements regarding privacy and security, (ii) determine the risks and effects of information collection, maintenance and dissemination in their respective electronic information system, and (iii) examine and evaluate protections and alternatives for handling information in order to mitigate potential risks. Upon its distribution to them by the Chief Privacy Officer, the DPPOC at each agency shall be responsible for immediately beginning the utilization of the privacy impact assessment protocol.
    6. Within seventy-five days, The Chief Privacy Officer shall develop a data encryption protocol that establishes the data that should be maintained in encrypted form (like social security numbers or financial account information), the circumstances in which such data should be encrypted (like data kept on a laptop or other portable device), and the encryption strength and standard to be utilized. Within seventy-five days thereafter, the DPPOC at each agency shall provide a report to the Chief Privacy Officer detailing the steps and time necessary to implement the data encryption protocol.
  3. I signed this Executive Order on June 15, 2007 in Columbus, Ohio and it will expire on my last day as Governor of Ohio unless rescinded before then.

Ted Strickland, Governor

ATTEST:
Jennifer Brunner, Secretary of State

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June 13, 2007 – Governor Strickland´s Statement on the Senate Budget

Columbus, Ohio – Ohio Governor Ted Strickland today issued the following statement in response to the Ohio Senate´s passage of the 2008-09 Operating Budget:

"Today´s historic vote marks another significant step forward for all Ohioans. Senate President Harris, Leader Fedor, Senator John Carey and Senator Dale Miller and all senators deserve tremendous credit for promoting a bipartisan budget focused on the issues that matter most.

Today´s passage brings us one step closer to meaningful change in the lives of average Ohioans, including: A two-year tuition freeze at state colleges and universities, a significant tax cut for every homeowner over the age of 65 while increasing state support for local schools, and 20,000 more Ohio children who will have access to affordable health coverage.

These are accomplishments that we can all be proud of."

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June 12, 2007 – Governor, Attorney General Call for Prohibition of Gaming Devices that Reward Cash

Columbus, Ohio – Ohio Governor Ted Strickland and Attorney General Marc Dann today called for legislation that will prohibit skill games rewarding cash payouts in Ohio.

"Today, I'm announcing my support for legislation that would ban cash payouts from skill machines," Strickland said. "Last fall, Ohio voters overwhelmingly rejected expanded gambling in Ohio, but nevertheless we are seeing a proliferation of devices that bear an uncanny resemblance to slot machines. That´s unacceptable. We need to close the loophole that´s allowing this to happen, and we need to honor the people´s will against expanded gambling."

The Governor and Attorney General are calling for legislation that would prohibit gaming devices from rewarding:

  • any cash payouts
  • payouts of tickets or vouchers exchangeable for cash
  • single play payouts of prizes or vouchers/tickets exchangeable for prizes valued at more than $10
  • payouts for aggregated vouchers/tickets exchangeable for prizes valued at more than $600
  • payouts of tobacco, liquor, drugs, firearms, lottery or bingo entries

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June 11, 2007 – Governor Strickland Signs BWC Budget Bill

Columbus, Ohio – Ohio Governor Ted Strickland today signed House Bill 100, the Bureau of Workers´ Compensation budget bill for fiscal years 2008 and 2009, which includes significant reforms of the bureau´s governing and oversight structures.

The BWC budget for fiscal years 2008 and 2009 is $328.9 million and $329.2 million respectively.

"With the appointment of Bureau of Workers´ Compensation administrator Marsha Ryan and this new budget, we are significantly improving the state's ability to ensure integrity and accountability at the BWC," Strickland said. "Its reforms will allow us to continue caring for injured workers in a system that Ohio businesses can afford. Leaders in both parties deserve great credit for putting partisanship aside to make this budget a reality."

The Ohio Bureau of Workers´ Compensation underwrites insurance coverage for work-related injuries and illnesses for public and private sector employers conducting business in Ohio and oversees the workers´ compensation programs for self-insured employers.

The budget replaces the current Bureau of Workers´ Compensation Oversight Commission, which primarily has advice and consent powers, with an independent, external board of directors. The professionalized, independent board will be held accountable for its operations. The independent board of directors will be comprised of 11 members, including business and labor representatives and financial experts, who will be appointed by the governor through recommendations of a nominating council.

Among its responsibilities, the board of directors is charged with establishing the overall administrative policy of the Bureau of Workers´ Compensation, approving investment policy and reviewing progress in meeting cost and quality objectives.

The budget also establishes three subcommittees of the board of directors to provide independent advice and verification of BWC financial and operational performance: an audit committee, an investment committee and an actuarial committee.

The audit committee will interview and recommend to the board of directors the accounting firm performing the annual audit and evaluate the annual audits. The investment committee will develop and monitor the implementation of investment policies. The actuarial committee will guarantee that the BWC´s rate-setting operations are carried out at the highest level of integrity.

The BWC Board of Directors Nominating Council must recommend to the governor four nominees for each of the 11 board positions within 30 days. The nominating council will consist of 13 members, including the director of the Department of Development as chair.

The governor will meet annually with the board of directors to discuss the performance of the BWC administrator. The governor retains the authority to hire and fire the administrator; the hiring is subject to advice and consent of the Ohio Senate.

The budget also creates the position of deputy inspector general for the Bureau of Workers´ Compensation and the Industrial Commission, which will serve as the internal inspector for those agencies and investigate wrongful acts or omissions committed by officers or employees.

"Reforming the BWC and ensuring proper oversight of the bureau´s actions are significant steps toward restoring Ohioans´ trust in their government," Strickland said.

The Ohio Bureau of Workers´ Compensation is the largest exclusive state-funded workers´ compensation system in the country, with more than $19 billion in assets.

In fiscal year 2006, BWC provided workers´ compensation to more than 288,000 employers, processed more than 188,000 new claims and paid out more than $1.9 billion in benefits.

HB 100 also includes the budget for the Ohio Industrial Commission for fiscal years 2008 and 2009. The OIC conducts hearings on workers´ compensation issues and is responsible for providing fair, impartial and easily accessible resolutions to disputes.

Applications for nominations are available at www.ohiobwc.com, under application materials for the Ohio Bureau of Workers' Compensation Board of Directors.

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June 8, 2007 – Governor's Office Will Not Approve Salary Increases for Schedule E-2 and Schedule E-3 State Employees

Columbus, Ohio – The Governor's Office today announced that the administration will not approve salary increases for Schedule E-2 and Schedule E-3 state employees in cabinet agencies and all entities under the governor's direct authority and control.

"I greatly value the work of Ohio's public servants, but we are facing tough financial times," Strickland said. "This is another step toward finding ways to become more efficient while still providing top-quality services to the people of Ohio."

The salary freeze will extend even to cost of living adjustments and merit raises. Schedule E-2 and Schedule E-3 employees include, but are not limited to, senior staff, assistant directors, deputy directors, institutional superintendents, policy staff and administrative staff.

Approximately 967 Schedule E-2 employees and 2,440 Schedule E-3 employees will not receive a pay increase under the memorandum.

The complete memorandum is attached:

MEMORANDUM

TO: ALL CABINET AND APPOINTING AUTHORITIES

FROM: AARON PICKRELL, CHIEF OPERATING OFFICER

DATE: JUNE 8, 2007

RE: SCHEDULE FOR SALARY INCREASES FOR SCHEDULE E-2 AND E-3 EMPLOYEES (AKA ADMINISTRATIVE STAFF)

Consistent with this administration's efforts to continually promote fiscal responsibility, this office will not approve any salary increases, which include cost of living adjustments and merit raises, for Schedule E-2 and Schedule E-3 employees in Cabinet agencies and all entities under the Governor's direct authority and control.

These employees include, but are not limited to:

* Senior staff
* Assistant Directors
* Deputy Directors
* Institutional Superintendents
* Administrative staff
* Policy staff

This memo is effective until further notice is given.

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June 7, 2007 – Governor Strickland Appoints Additional Judicial Panel Members to Assist in Selection of Ohio Judges

Columbus, Ohio – Governor Ted Strickland today provided some relief to the hard-working volunteers serving as at-large members of his Ohio Judicial Appointments Recommendations Panel (OJARP) – he appointed a second group of at-large members to share the workload with the first.

"I have been pleased with the commitment and work of the local and the at-large OJARP panel members. They have devoted substantial volunteer time and energy to help select the most qualified individuals to serve as judges in Ohio courts," Strickland said. "The time we're asking these people to commit to this process is significant and with more judicial vacancies announced each month, we decided it was time to establish a second group of at-large panel members."

Each time there is a judicial vacancy, the five at-large panel members from across the state are joined by six local panel members to form a group of eleven citizens who review applications and interview applicants before providing their top three recommendations to the governor. By having a second group of at-large panel members, the vacancies can be alternately assigned to one of the two at-large groups, reducing the burden on the original at-large panel members. The first vacancy utilizing the new at-large panel members will be the Stark County Court of Common Pleas vacancy announced April 12 by OJARP.

The governor also indicated that having two groups of at-large panel members will allow members of one group to fill in for members of the other group when an at-large member can not participate in the process with respect to a specific vacancy due to illness, emergency or conflict concerns.

All at-large panel members are appointed by the governor for renewable two-year terms. The governor designates one member as the panel chair, who leads the panel's operations to fill each vacancy. Panel members, who serve without compensation, include lawyers and non-lawyers and reflect Ohio's diverse citizenry.

As a judicial vacancy occurs, the panel dealing with the vacancy provides notice and wide distribution of the open post, including a posting on the governor's Web site. OJARP is also developing its own Web site for the posting of vacancy information. Any Ohio attorney who meets the legal requirements for judicial appointment is eligible to apply for consideration.

The governor has instructed the panels to consider all factors in reviewing and selecting the potential appointees, but, in particular, the panels evaluates: the applicant's background and ability to serve fairly and effectively; the applicant's contribution to bringing diverse perspectives to Ohio's judiciary; and the likelihood that the applicant could and would effectively campaign to retain the seat if appointed to the bench.

New At-Large Members of the Ohio Judicial Appointments Recommendations Panel, Term Commencing June 6, 2007

James Ray, Chair
Ray, of Lucas County, served as the administrative judge of the Lucas County Court of Common Pleas, Juvenile Division, in Toledo from 1989 until retiring in March 2007. He previously served as a referee in the court from 1976-1988 and as the chief referee from 1987-1988. Ray also served in private practice and as a Lutheran Parish Pastor for 10 years. Ray received his bachelor's degree from Saint Olaf College, his master's in divinity from Luther Theological Seminary in Minnesota, and his law degree from the University of Toledo. Ray is a past president of the Ohio Association of Juvenile and Family Court Judges and the National Council of Juvenile and Family Court Judges and is vice-chairman of the Criminal Justice Coordinating Council in Lucas County.

Janica Pierce, Member
Pierce, of Franklin County, is an associate in the law firm of Chester Willcox and Saxbe LLP, with a concentration in the areas of civil trial and appellate litigation. She received her bachelor's degree from the University of Tennessee in 1999 and her law degree from Ohio State University in 2002. Pierce received the Franklin County Trial Lawyers Association President's Award in 2005 and was listed as an "Ohio Rising Star" in 2005 and 2006 by Law & Politics. She is a member of the Ohio State Bar and Columbus Bar Associations, the Ohio Academy of Trial Lawyers Association and the Association of Trial Lawyers of America.

John Kulewicz, Member
Kulewicz, of Franklin County, is a partner in the law firm of Vorys, Sater, Seymour and Pease LLP. Kulewicz has more than 20 years of litigation experience with an emphasis on corporate and commercial matters. His experience includes involvement in client representation on litigation matters involving contract disputes, business torts, real estate, transfer of corporate ownership and control, oil and gas and financial institutions and securities. Kulewicz received his undergraduate degree from the Ohio State University in 1976 and his law degree from Yale Law School in 1979. He is a member of the Columbus, Ohio State and American Bar Associations.

Betty Davis, Member
Davis, of Warren County, served more than 20 years as a Mason city councilmember, including two years as mayor and 12 years as vice mayor. Davis received a bachelor's degree from the University of Cincinnati and a law degree from Salmon P. Chase College of Law at Northern Kentucky University. Davis, who is a licensed nursing home administrator, has served in private law practice and worked extensively to provide services for the mentally handicapped, developmentally disabled and geriatric population. She is currently the president for Community Concepts, Inc., and Community Options, Inc., in Mason.

Isabel Framer, Member
Framer, of Summit County, is a court certified Spanish/English interpreter, translator and consultant; she has worked as an interpreter and translator in the Akron area since 1995. Framer has served the U.S. District Court for the Northern District of Ohio, state and municipal courts, the Federal Defender's Office, the U.S. Attorney's Office, private law firms and legal advocacy firms. Framer currently serves on the Supreme Court of Ohio's Advisory Committee on Interpreter Services and is the chair of the Board of Directors of the National Association of Judiciary Interpreters and Translators. Framer was born in Guayaquil, Ecuador, and grew up in the United States.

Original At-Large Members of the Ohio Judicial Appointments Recommendations Panel, Term Commencing January 29, 2007:

Janet E. Jackson, Chair, President and CEO of United Way of Central Ohio
Meg Flack, Board Member of the Ohio League of Women Voters
Doloris Learmonth, Managing partner at Peck Shaffer and Williams LLP in Cincinnati
Joy Malek Oldfield, Partner at Hill Hardman Oldfield, LLC, in Akron
Charles "Rocky" Saxbe, Former state representative, currently a senior partner in the Columbus law firm of Chester, Wilcox and Saxbe, LLP

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June 6, 2007 – The Ohio Division of EMS Reminds Ohioans to Play it Safe This Summer

Columbus, Ohio – The summer months (May-August) usher in the prime time for injuries for children ages 14 and younger. Last year EMS treated and transported 249 Ohio children struck by cars during trauma season. The Division of EMS is encouraging parents and caregivers to take extra precaution this summer when children are out playing.

"EMS personnel are prepared for the trauma season. However, parents and caregivers can prevent many summer-related injuries with safety gear, proper education and parental supervision," said EMS Executive Director Richard N. Rucker. "By teaching children early on about good safety habits, they may be able to avoid future visits to the emergency room."

According to The Safe Kids Summer Safety Ranking Report, unintentional injury remains the number one killer of children in the United States, with more than 2,000 children dying each summer from injuries that were preventable.

EMS offers the following tips to help children stay safe this summer:

Ride Safe: Secure children in the appropriate child safety seat or safety belt for their age and size. Kids should always be secured in the back seat.

Swim Safe: Always supervise young children near water and insist your children wear personal flotation devices when out on boats, near open bodies of water or participating in water sports.

Wheel Safe: Make sure your kids wear properly fitting protective gear every time they ride their bikes, scooters, inline skates or skateboards. Teach your children the rules of the road.

Walk Safe: Never let a child under age 10 cross the street alone. Teach children to obey traffic rules. Make sure your kids wear retro-reflective materials, and don't let them walk alone at night. If they must walk at dawn or at dusk, make sure they carry a flashlight.

Play Safe: Always supervise your children at playgrounds or in the backyard. Make sure they play on a safe surface, such as mulch, rubber or fine sand.

Ohio Emergency Medical Serves is a division of the Ohio Department of Public Safety, which also includes the Bureau of Motor Vehicles, the Ohio Emergency Management Agency, Ohio Homeland Security, the Ohio Investigative Unit, Ohio Criminal Justice Services, and the State Highway Patrol.

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June 5, 2007 – Governor's Awards for Excellence in Environmental Protection Research Announced at State Science Day 2007

Columbus, Ohio – The winners of the Governor's Award for Excellence in Environmental Protection Research at this year's State Science Day each received $100 prizes. Winners are from the following counties:

  • Seventh grade - Richland, Huron and Lucas
  • Eighth grade - Cuyahoga, Franklin, Delaware and Hamilton
  • Ninth grade - Franklin, Jefferson, Clinton and Clark
  • Tenth grade - Warren, Lucas, Summit and Stark
  • Eleventh grade - Champaign, Stark, Summit and Cuyahoga
  • Twelfth grade - Trumbull, Lawrence, Montgomery and Stark
  • Seventh grade - Richland, Huron and Lucas

In addition to individual prizes, the Ohio Environmental Protection Agency provides $10,000 annually as a major sponsor of the event.

State Science Day is organized and sponsored by the Ohio Academy of Science and is the equivalent of a state championship for science projects. The primary objective of State Science Day is to provide an opportunity for young students to demonstrate their abilities and interests in science through individual experimentation and research.

Each year, more than 35,000 students at more than 1,000 schools across Ohio participate in local science fairs and are judged on knowledge achieved, effective use of scientific method, clarity of expression, originality and creativity. Students who achieve superior ratings are invited to participate in district science fairs. More than 750 students from seventh through 12th grade having each received a superior rating at a district science fair, participate in State Science Day and may be eligible for more than 90 different scholarships. Valerie Andrus and Nick Liber, first and third place winners for 12th grade, received the award for a second time.

This year's projects and recipients for the 2007 Governor's Award for Excellence in Environmental Protection Research can be found below:

7th Grade

First Place: Mr. Micah Corso-Phinney, St. Peter, Mansfield, Richland County, Wrapping it up: the biodegradation of fast food hamburger wrappers

Second Place: Ms. Hannah R. Phillips, Shiloh MS, Plymouth, Huron County, Soil nitrates: Yield

Third Place: Ms. Laura A. Earl, Sylvania Franciscan Academy, Sylvania, Lucas County, The effects of smoking on the growth and condition of philodendron house plants

Honorable Mention: Ms. Angela M. Rudnicki, Sylvania Franciscan Academy, Sylvania, Lucas County, Aquatic plants and water pollution

8th Grade

First Place: Katie Haller, Incarnate Word Academy, Parma Heights, Cuyahoga County, Out with the bad: The effectiveness of various natural filtration materials at filtering pollutants out of stormwater runoff

Second Place: Mr. Ameya A. Deshmukh, Hastings MS, Upper Arlington, Franklin County, The effect of temperature and salinity on the microbial degradation of petroleum based oils in aquatic systems

Third Place: Ms. Lindsay M. Falkenberg, St. Paul, Westerville, Delaware County, Stop, think, purify!

Honorable Mention: Mr. Ryan M. Kampel, Our Lady of Lourdes, Cincinnati, Hamilton County, What Secrets Lie Beneath Our Feet? How different soil management practices affect soil quality

9th Grade

First Place: Mr. Eston P. Wirsing, Upper Arlington HS, Upper Arlington, Franklin County, Reducing temperature errors in Continuous Emission Monitoring systems may have cost benefits in power plants

Second Place: Ms. Rebecca K. McGrail, Catholic Central, Steubenville, Jefferson County, Can natural substances purify acid mine drainage?

Third Place: Mr. Benjamin A. Fenton, Wilmington HS, Wilmington, Clinton County, What soil type is the most effective bacteria filter?

Honorable Mention: Ms. Taylor R. Stewart, Shawnee HS, Springfield, Clark County, Human impact on dissolved oxygen in lakes

10th Grade

First Place: Mr. Raymond Tan, William Mason HS, Mason, Warren County, Cleaning up open water petroleum spill with magnetic sawdust

Second Place: Mr. Chad Liber, Sylvania Southview HS, Sylvania, Lucas County, Solar Cells: A comparison in cost efficiency

Third Place: Ms. Colleen M. Demboski, St. Vincent St. Mary, Akron, Summit County, Foliose lichens as bioindicators: The effects of sulfuric acid on foliose lichens in a field and laboratory study

Honorable Mention: Mr. Michael G. Baker, Louisville HS, Louisville, Stark County, A soil comparison between natural and constructed wetlands' organic matter content and nitrogen and phosphorous conservation

11th Grade

First Place: Mr. Matthew L. Birt, Urbana HS, Urbana, Champaign County, E85 ethanol for use as an alternative fuel compared to gasoline

Second Place: Mr. Jyotiraditya Sinha, Hoover HS, North Canton, Stark County, Developing a nanofiber filter to eliminate copper ions from water

Third Place: Ms. Crystal D. Boykin, Walsh Jesuit, Cuyahoga Falls, Summit County, Recycled plastics and agricultural sprout growth: Can recycled plastics be used to grow nutritional sprout crops?

Honorable Mention: Ms. Stephanie M. Andrus, Beaumont School, Cleveland Heights, Cuyahoga County, What is the effect of variable dissolved oxygen levels and phosphate loading on the algae Cladophora sp. in a simulated Lake Erie near shore environment versus a control? Phase III

12th Grade

First Place: Mr. John M. Buchenic, Hubbard HS, Hubbard, Trumbull County, Testing for drugs in influent and effluent

Second Place: Ms. Lauren A. Brewster, Fairland HS, Proctorville, Lawrence County, Acid mine drainage - impact to streams

Third Place: Mr. Keith R. Miller, Carroll HS, Dayton, Montgomery County, A more efficient electrostatic precipitator: Part two

Honorable Mention: Ms. Haley A. Carman, Marlington HS, Alliance, Stark County, Using a GIS model to predict mercury pollution

For more information, contact: Ohio EPA, Office of Environmental Education at (614) 644-2873, or e-mail oeef@epa.state.oh.us.

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June 4, 2007 – Lieutenant Governor Fisher Announces Grants to Business and Communities

Columbus, Ohio – Lieutenant Governor Lee Fisher today announced that $561,792 in business and roadwork development grants have been awarded to one company and one community to aid in the growth and development of businesses and the creation and retention of jobs in Ohio. The grants, administered by the Ohio Department of Development, were approved today by the State Controlling Board and are expected to create 448 and retain 30 jobs for Ohioans.

"We are pleased to assist Celina Tent and PlanetSpace in getting the tools they need to continue to grow in Ohio," said Lt. Governor Fisher, who also serves as Director of the Ohio Department of Development. "These investments represent Ohio's commitment to its business community and a focus on providing our workers with quality job opportunities."

PlanetSpace, Inc. (PlanetSpace), to be located in Columbus (Franklin County), will receive a $461,792 Rapid Outreach Grant (412) for costs associated with the acquisition of machinery and equipment in support of its new research and development and manufacturing facility. PlanetSpace is a private, minority-certified company created by a consortium of aerospace and construction firms from the United States and Canada. The company will develop the technical aspects of various rocket vehicle systems for orbital and suborbital flight using environmentally acceptable alcohol-water fuel mixtures. PlanetSpace plans to demonstrate to the National Aeronautics and Space Administration (NASA) its ability to supply the International Space Station with crew and cargo by December 2009. The company will also open various manned and unmanned space flight markets to the general public. The company proposes to locate a suborbital vehicle research and development and booster rocket and engine manufacturing operation at Rickenbacker International Airport. PlanetSpace would construct a new 40,000 square-foot building and lease an existing 19,200 square-foot building and invest in on-site infrastructure and new machinery and equipment. Ohio is in competition with Illinois, Virginia and Wisconsin for this more than $6.7 million project, which is expected to create 428 jobs within three years of the project's initial operations.

Mercer County will receive a $100,000 Roadwork Development Grant (629) to complete public roadwork improvements in support of Celina Tent, Inc.'s (Celina Tent) expansion. Celina Tent manufactures and sells tents, shelters, tarpaulins and related accessories. The company began as two hardware stores and eventually concentrated on party rental items and, since January 2005, has focused solely on the manufacture and sale of tents and related items. The company's owners also own Grieshop Equipment, Inc., which owns Celina Tent's manufacturing equipment, and Grieshop Properties, LLC, which owns Celina Tent's land and buildings. Celina Tent was recently awarded a five-year contract with the United States Department of Defense for 16-foot by 16-foot humanitarian shelters for use in times of natural disaster and military conflict. The company proposes to add 27,450 square-feet to its existing facility, complete renovations, and purchase new machinery and equipment in order to fulfill the contract. Mercer County will reconstruct 1,400 lineal feet of State Route 29, also known as Logan Street, and add a turn lane to improve vehicle accessibility to Celina Tent's facility. State Route 29 and nearby Mud Pike have been subject to increased traffic congestion and numerous accidents due to vehicles traveling to and from Celina Tent even before this expansion. The addition of a dedicated turn-lane into the facility and improvement of the existing roadway will accommodate the increased truck and car traffic that will occur with the expansion. The roadwork to be completed includes: excavation, grading, installation of base and asphalt, storm sewer construction within the road right-of-way, and related construction. This $875,000 project is expected to create 20 new jobs and retain 30 positions within three years of the project's initial operations.

The Rapid Outreach Grant (412) is a grant program to assist companies and communities that are creating or retaining jobs in Ohio. The Roadwork Development Account (629) provides grant assistance to communities for highway and road projects related to job creation and retention. The 629 Program is funded with gas tax dollars and is restricted to public road projects only.

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June 4, 2007 – Department of Aging to Survey Nursing Home and Assisted Living Residents on Customer Satisfaction

Columbus, Ohio – The Ohio Department of Aging today announced that it has selected Vital Research, LLC, to conduct in-person satisfaction surveys with residents of the state's nearly 1,000 nursing facilities and 550 licensed residential care facilities (also known as assisted living). Surveys will be conducted throughout the summer and early fall, and results will be added to the department's Long-term Care Consumer Guide Web site (www.ltcohio.org) by January.

"Few people know better about the quality of care provided in nursing homes and assisted living facilities than the people who live there," said Barbara E. Riley, director of the Department of Aging. "Not only does this survey help individuals and family members who may be making a very difficult decision about long-term care get information from those who know, but it also gives residents a very noticeable voice. When administrators, workers, residents and family members all communicate, quality is the result."

The satisfaction surveys, developed by researchers at Scripps Gerontology Center and the Margaret Blenkner Research Institute, under contract with the Department of Aging, cover topics such as activities, administration, admissions, choice, environment and general satisfaction. Customer satisfaction ratings will join family satisfaction ratings, Ohio Department of Health inspection data and facility-entered details on the Consumer Guide.

This effort is the first such statewide survey of assisted living resident satisfaction in the nation.

As with the nursing home family satisfaction survey conducted last year, nursing facilities scoring an above average overall score on this year's survey will be eligible for a quality incentive point in the Medicaid reimbursement formula. In addition, nursing homes signing up with the Advancing Excellence in America's Nursing Homes campaign (www.nhqualitycampaign.org) will be able to use the survey toward meeting one of the key goals identified by the campaign to improve quality in nursing homes.

The Department of Aging selected Vital Research, LLC, a national leader in research design, survey development, qualitative and quantitative data analysis and interpretation, through a competitive bid process. The Los Angeles-based company will hire and train Ohio residents as survey takers and will work with local facility administrators to schedule surveys and select a representative sample of residents.

About the Long-term Care Consumer Guide

The Ohio Long-term Care Consumer Guide, available online at www.ltcohio.org, is managed by the Office of the State Long-term Care Ombudsman and provides information about nursing homes and assisted living facilities to help consumers, family members and professionals search for the appropriate facility to meet an individual's needs. Consumers can search for and compare facilities by location, name, services and more.

About ODA

The Ohio Department of Aging serves and represents two million Ohioans age 60 and older. The Department advocates for the needs of all older citizens, with an emphasis on improving the quality of life for older Ohioans, helping them live active, healthy and independent lives, and promoting positive attitudes toward aging and older people. The Department provides services to older Ohioans through 12 area agencies on aging, home- and community-based Medicaid waiver programs such as PASSPORT, the long-term care ombudsman and the Golden Buckeye Card. For more information, visit aging.ohio.gov.

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June 1, 2007 – Governor Strickland Announces Appointments to State Boards and Commissions

Columbus, Ohio – Ohio Governor Ted Strickland announced today appointments to several state boards and commissions.

The Ohio Parks and Recreation Council advises the chief of the Division of Parks and Recreation on park development, formulation and implementation of park policy, planning, park acquisitions, programming, and finance.

Hans Landefeld, of Springboro, has been appointed to the Ohio Parks and Recreation Council. Landefeld has worked for the Miami Conservancy District, a nine-county conservancy district that promotes flood protection, preservation, and recreational use of the Great Miami River Watershed. Landefeld has worked as a finance administrator and support services administrator and currently works as the manager of the River Corridor Improvement Subdistrict, working to develop recreational amenities in the Miami River corridor.

The Housing Trust Fund Advisory Committee is charged with assisting the Ohio Department of Development and the Housing Finance Agency in identifying the housing needs and priorities of the state. The committee also reports on how programs like the Low-and-Moderate Income Housing Trust Fund can more effectively benefit low- and moderate-income individuals and families. The committee advises the director of the Department of Development as to when and how money within the Housing Trust Fund should be allocated.

Eugenia C. Atkinson, of Youngstown, has been reappointed to the Ohio Housing Trust Fund Advisory Committee. Atkinson is currently the executive director of the Youngstown Metropolitan Housing Authority, an organization that provides housing for low- and moderate-income families with more than 1,500 rental units. Atkinson also serves as the director of the Home Savings and Loan Company. She is a graduate of Hiram College and received her Public Housing Management Certification from the National Association of Housing and Redevelopment.

The Ohio Water Advisory Council advises the chief of the Division of Water on water management and conservation. The council also acts as a liaison and recommends ways to enhance cooperation between government agencies that have an interest in water consumption and conservation.

John M. Hoopingarner, of Dover, has been appointed to the Ohio Water Advisory Council. Hoopingarner is currently the executive director and secretary of the Muskingum Watershed Conservancy District, a district promoting flood protection, conservation, and recreational use of the area drained by the Muskingum River. Prior to his appointment as the executive director in 1989, Hoopingarner served as legal counsel for the Conservancy District and as chief counsel from 1986 to 1989.

The Edison State Community College Board of Trustees shall hire, fix compensation of, and remove employees of the college as deemed necessary. It shall do all else necessary to ensure the successful and continuous operation of Edison State Community College.

Edward Curry, of Greenville, has been appointed to the Edison State Community College Board of Trustees. Curry is currently retired after more than 40 years in the tire and rubber industry. He has served on the Darke County YMCA Board of Directors, the Board of Directors of the Darke County Chamber of Commerce, and is currently serving on the Board of Trustees for the Darke County Economic Foundation.

Joan Lukey, of Sidney, has been appointed to the Edison State Community College Board of Trustees. Prior to retirement, Lukey worked for the Miami-Shelby Consortium as a healthy lifestyle consultant and program designer, and for the Upper Valley Joint Vocational School as a faculty programmer, student counselor and health educator. Lukey holds a master´s degree in social agency counseling

The Forestry Advisory Council advises the chief of the Division of Forestry and Reclamation on issues concerning forestry programs throughout the state. The council will assist the Division of Forestry in promoting cooperation on forestry practices, rules and regulations, and programs with other agencies, political subdivisions and private interests.

Glenn Matlack, of Athens, has been appointed to the Forestry Advisory Council. Matlack is a professor at Ohio University in the Department of Environmental and Plant Biology. Matlack was previously an associate professor of biology at the University of Southern Mississippi and has taught courses on and written extensively about forest science and ecology.

The Agricultural Financing Commission is charged with considering and improving the issue of low-interest agricultural revenue loans. The commission will decide eligibility requirements, feasibility, number and location of projects to be financed, and the terms of low-interest agricultural revenue loans.

Joseph P. Logan, of Kinsman, has been named to the Agricultural Financing Commission. Logan is an active farmer and is the current president of the Ohio Farmers Union and member of the National Farmer´s Union Board of Directors.

The Ohio Arts Council was established to foster and encourage the development of the arts in Ohio and to preserve Ohio´s cultural heritage. The council operates various grant funding programs to provide support to artists and broaden the availability of arts activities in Ohio.

Barbara Gould, of Cincinnati, has been appointed to the Ohio Arts Council. Gould has worked in fashion, interior design and music. She is currently retired and serves on numerous cultural arts boards in the Cincinnati area, including the Cincinnati Opera, Ensemble Theatre of Cincinnati, the Cincinnati Arts Association, the Cincinnati Ballet and the Arts Consortium of Cincinnati.

The 9-1-1 Council is charged with establishing uniform technical and operational standards by examining industry standards as well as federal law relative to 9-1-1 systems. The council conducts research and makes recommendations to the General Assembly regarding wireline and wireless 9-1-1 systems and any necessary improvements that must be made, as well as advising on any legislation concerning 9-1-1 systems across the state of Ohio.

Kathy Hobbs, of Dublin, has been named to the 9-1-1 Council. Hobbs is currently the vice president of government affairs for Windstream Communications, specializing in public utility legislation and regulation. Hobbs received her bachelor´s degree from Ohio University and her master´s degree in public administration from the Ohio State University. Hobbs currently serves as a board member for the Ohio Telecom Association and is the chair of the legislative committee.

The State Dental Board sets the standards for all licensing exams and issuance and revocation of licenses. The State Dental Board also must approve the curriculum of all of Ohio´s dentistry schools.

Clifford Jones, of Cincinnati, has been appointed to the Ohio State Dental Board. Jones has been a registered dental hygienist in public and private practice since 1985. Jones has worked for the Greater Cincinnati Oral Health Council, providing dental care to the homeless. Jones has a master´s degree in health administration from Central Michigan University.

The Ohio Historic Site Preservation Advisory Board assists the Ohio Historical Society in the society´s site preservation program, suggests legislation necessary to the society´s preservation program including location, designation, restoration, preservation, and maintenance of historic and archaeological sites and artifacts. The advisory board advises the Ohio Historical Society on the state historic preservation plan as well as encourages the designation of suitable sites on the National Register of Historic Places.

John Fleming, of Yellow Springs, has been appointed to the Ohio Historic Site Preservation Advisory Board. Fleming is currently the vice president of museums at the Cincinnati Museum Center, including the Cincinnati History Museum, the Cincinnati Museum of Natural History and Science, Cinergy Children´s Museum, Cincinnati Historical Society Library, and Edge of Appalachia Nature Preserve. Fleming is also an adjunct professor at the University of Cincinnati.

David Greene, of Columbus, has been appointed to the Ohio Historic Site Preservation Advisory Board. Greene is a city planner and landscape architect currently employed by Gregory Carr and Associates of Columbus. Greene worked for the Mid-Ohio Regional Planning Commission from 1998-2000; he previously worked for Lexington-Fayette Urban County Government in Lexington, Ky., on urban and neighborhood planning, land use issues, mapping, and environmental planning.

The Ohio Chemical Dependency Professionals Board regulates the licensure and certification process of chemical dependency counselors and specialists, approves educational coursework, investigates ethical complaints against licensees, and regulates the prices of chemical dependency counseling and alcohol and other drug prevention services.

Craig Comedy, of Columbus, has been appointed to the Ohio Chemical Dependency Professionals Board. Comedy is a certified level II prevention specialist specializing in drug prevention, conflict resolution and research. Comedy has worked as a prevention specialist for the Urban Minority Alcoholism Outreach Program of Columbus and is currently the executive director of Urban Minority Alcoholism and Drug Abuse Outreach Program of Franklin County.

The Technical Advisory Council on Oil and Gas will advise the chief of the Division of Oil and Gas on technical matters which may arise concerning oil and gas production, drilling, and exploration.

David R. Hill, of Senecaville, has been reappointed to the Technical Advisory Council on Oil and Gas. Hill is the owner and operator of David R. Hill, Inc., which operates approximately 200 wells in Ohio and West Virginia. Hill is also part owner of Professional Oilfield Services, Inc., a company that provides oilfield service and also owns oil and gas producing wells. Hill is a 24-year member of the American Association of Petroleum Geologists and a current trustee of the Ohio Oil and Gas Association.

John G. Corp, of Norton, has been reappointed to the Technical Advisory Council on Oil and Gas. Corp is currently a partner with AB Resource LLC specializing in oil and gas operations. Previously, Corp was vice president of Oil and Gas operations for Belden and Blake, an energy company that acquires properties and explores for oil and gas reserves in the Appalachian basin area.

The North Central State College Board of Trustees has the power to build, own and operate a technical college in their designated district. The board shall hire and fix compensation of all of the college´s employees and do all else necessary to ensure the successful operation of the college.

Ronald Walker, of Ashland, has been reappointed to the North Central State College Board of Trustees. Walker has worked in many capacities for Ashland University since becoming an assistant professor in 1978. He has served as the director of graduate studies in education, associate dean for professional development, and as a professor of education until his retirement in 2005.

The National Museum of Afro-American History and Culture Planning Council meets with and advises the Ohio Historical Society in the course of establishment and maintenance of the National Museum of Afro-American History and Culture near Wilberforce University.

Beverly McCoy, of Lima, has been appointed to the National Museum of Afro-American History and Culture Planning Council. McCoy was a teacher in the Lima City School District from 1978 until her retirement in 2000. She has served on the Allen County Board of Elections since 1984.

The Ohio Tuition Trust Authority administers the state´s 529 college savings plan, CollegeAdvantage. The Ohio Tuition Trust Authority makes the final determination on the price of a tuition credit or tuition unit, the designation of bonds as college saving bonds, and the selection and approval of investment agents for the authority´s various college savings programs.

Tom Conlan, of Cincinnati, has been appointed to the Ohio Tuition Trust Authority. In 1981, Conlan founded and served as CEO of the Student Loan Funding Corporation, an organization that provided financial assistance and support services to students. Conlan later founded and served as president and CEO of the Thomas L. Conlan Education foundation, now KnowledgeWorks, which was named after his father.

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