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Senator Fingerhut Update
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HAPPY THANKSGIVING

Both the Senate and the House of Representatives were in recess last week for Thanksgiving. Both houses will return this Tuesday, Decembers 3rd, for two final weeks of intense activity before adjourning for the year.

The issues scheduled in the final two weeks are the same I have been reporting on since the election: concealed weapons, expanding charter schools, the capital investment budget, and medical malpractice insurance. The effort to put slot machines at racetracks appears dead for the rest of this year, though it is certain to return during the budget hearings next year. Here is a very brief update on each of these issues.


CONCEALED WEAPONS

On December 3rd, Senator Jeff Jacobson, the chairman of the Civil Justice Committee in the Ohio Senate, is expected to reveal what changes, if any, he will recommend to H.B. 274, the carrying concealed weapon bill that passed the House early in the summer. The bill will then move quickly through the committee and the full Senate, probably by the end of the week.

According to news reports, Senator Jacobson has been trying to find a compromise that would satisfy the objections raised to the bill by the Fraternal Order of Police. Senator Jacobson is paying special attention to the FOP because Governor Taft has said that he would veto the bill as long as it is "not opposed by law enforcement." In the first gubernatorial debate, the governor went a bit further and said he would listen to the "police men and women" who are "on the front lines." Most people assume this means the FOP. The translation of all this careful phrasing is that Taft is not demanding that the FOP support the bill before he will sign it, just agree not to oppose it.

The gun lobby and their allies in the General Assembly are subjecting the FOP to enormous pressure to get them to change their position. Nevertheless, I have a great deal of confidence in the leadership of the FOP to not compromise their principles, but rather to work towards a bill that has real safety protections in it, not the laughably transparent loopholes currently contained in H.B. 274. If the Senate passes a bill opposed by the FOP, we will begin a vigorous campaign calling on the governor to keep his promise and veto the bill. I will alert you the moment this happens.


CHARTER SCHOOLS

Legislation that would expand the number of charter schools in Ohio and revise the oversight and accountability structure for all charter schools will be moving from the Senate Education Committee to the full Senate this week. I have expressed a number of concerns about the bill, but have not yet seen the actual language of the very extensive changes made by the committee. The bill has already passed the House of Representatives, and the House is expected to accept the changes that the Senate is poised to make to the bill. I will be happy to provide the final version of the bill to anyone who interested in the details. Just reply to this message and ask for information on H.B. 364, .


CAPITAL BUDGET

Every two years, the state adopts a major appropriations bill to fund construction projects throughout the state. This bill, commonly known as the "capital budget," is usually passed during the spring of even number years. The bill was delayed this year because of the state budget crisis.

The vast majority of the bill provides funds to renovate or expand state-owned facilities such as universities, prisons and public safety projects. The money for these projects comes from selling state bonds the way government borrows money. In a normal year, the legislature adds some general revenue funds to the bill and uses the money to support construction projects not owned by the state, such as stadium and museum projects. This year, there is no general revenue available, so any funds for non-state owned projects will have to come from the same pool of borrowed money as the state owned projects. The result is that the funds dedicated to non-state owned projects will be much smaller this year than in previous capital budget bills.

The governor will be submitting his recommendations to the General Assembly this week. The House and the Senate will each make some modest changes before the bill reaches the governor for his signature.

Another traditional aspect of the capital bill is for the state to set aside some money for each of the "three Cs" - Cleveland, Columbus and Cincinnati - to be spent on the projects that are the highest priority of the civic leadership in those communities. There is always a fight in Cleveland over who should set these priorities, but the major players always turn out to be the Greater Cleveland Growth Association, the County Commissioners and the Mayor of Cleveland. State legislators always complain about how little input they have into the process. Previous projects to receive significant state funding include Severance Hall, Browns Stadium, the Rock 'n Roll Hall of Fame, and the Science Museum. This year, the local funding is likely to be spread among a number of projects, including renovation and expansion programs at the Cleveland Museum of Art and the Cleveland Institute of Music. A number of projects specific to my district are also competing for funds, and I have been doing my best to help. My top priority is to help fund projects that help promote economic development in Greater Cleveland.


MEDICAL MALPRACTICE INSURANCE - TORT REFORM

The Senate passed the malpractice insurance reform bill - S.B. 281 - last week. I offered two of my bills on this subject as amendments - the bill to reinstate the Joint Underwriting Authority to provide an alternative source of insurance fro Ohio doctors and the bill to prevent price gouging by medical malpractice insurance companies operating in Ohio. The majority party refused to consider either amendment, voting instead to table them.

I have made clear that I believe there is a crisis in the malpractice insurance area, and that I would support a balanced approach that places limits on litigation and awards if it also provides real oversight of the business practices of the insurance companies. Unfortunately, the Senate leadership was determined to pass a one-sided bill. I voted no. I hope the House passes a better bill when they vote on the issue this week.


The Senator Fingerhut Update is one way in which I hope to keep interested citizens informed about key issues facing the Ohio General Assembly and the work I am doing as a member of the Ohio Senate. It is also a way for me to receive feedback on difficult issues. Your comments are welcome.


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