Dems Bequeath Ohio with Duplicative Legislation

Release:

Majority Attempts to Conceal Mistakes

COLUMBUS – The Ohio House of Representatives has received several pieces of legislation from the majority caucus that are strikingly similar to other bills introduced earlier this General Assembly from the other side of the aisle.

Earlier this week, House Bill 562 was introduced that would eliminate the $20 late fee endorsed and signed into law by House Democrats and Governor Strickland with the passage of the biennial budget. State Representative Deborah Newcomb (D-Conneaut) and 15 of her Democratic colleagues cosponsored this measure that reverses a measure they previously endorsed by supporting House Bill 2. However, State Reps. Ron Maag (R-Lebanon) and Terry Boose (R- Norwalk), introduced House Bill 428 in January 2010, nearly seven months earlier and encouraged all members of the Ohio House of Representatives to join them on this necessary repeal.

“Every dime, every dollar counts in today’s economy. I am elated to see that my colleagues have introduced this legislation and look forward to swift action,” said Rep. Terry Boose. “Nonetheless, the majority Democratic Caucus cannot play both sides of the field. While Ohioans are suffering and partisan politics have been placed aside in the struggling business owners’ mind, the majority party does one thing, and then attempts to cover their malicious, expensive intent with political gimmicks.”

The combined list of cosponsors to eliminate the late fee represents more than enough support to repeal it. Earlier this year the Daily Record reported that more than $16 million has been collected from 818,429 individuals. However, the burden of duplicative legislation has been forced on the hard-working families of Ohio more than once.

State Rep. Ron Maag questioned the duration of time that had elapsed, asking, “Why won’t the Speaker call us into session and pass legislation today? Why did the House Democrats wait nearly eight months to do this? I look forward to swift attention being paid to this necessary repeal, just like the swift action with House Bill 473.”

Rep. Maag introduced House Bill 132, legislation to address “sexting,” in April 2009. More than a year later, House Bill 473, a legislative measure to prohibit sexting, was introduced in March 2010 and the House voted on the bill two short months later.

Lawmakers Work to Ensure Quality Education Standards

Release:

Columbus – State Representatives Gerald L. Stebelton (R-Lancaster) and Ronald Maag (R-Salem Township) recently delivered testimony on jointly sponsored legislation to postpone the required adoption of new social studies and science K-12 curriculum standards by one year. The bill will move the deadline from June 30, 2010 to 2011.

“It’s important to instill the best education for Ohio’s students, especially in the realms of social studies and sciences,” said Maag. “These subjects are integral pieces to quality education, and the children of our state would benefit from our diligent construction of these new standards. This bill plays an important role in maintaining high standards for K-12 education that are critical in producing Ohio’s future work force.”
Under these new standards, schools will be required to place more emphasis on critical thinking and innovative problem solving than having students simply remember and recite facts. Many concerns have been raised on the drafts of these standards but have not yet been resolved for social studies and science related courses.
“While changing to this type of learning will better prepare our students for success in college and beyond, the proposed science standards lack important scientific inquiry components and leave open the risk of cutting out subjects completely,” said Stebelton. “The social studies standards are also troublesome, particularly for history studies, and may leave students with a thin and incomplete outlook unless we carefully and meticulously design these new standards.”

House Bill 494 will allow stakeholders more time to thoroughly develop quality comprehensive curriculum standards. HB 494 is currently supported by the Ohio Academy of Sciences, the Ohio Aggregates and Industrial Minerals Association, the Clermont County Veterans Services, the Ohio Earth Sciences Teachers Association, and various individual interested parties.

Ohio Jobless Rate Soars Under Democrat Leadership

Release:

Increased unemployment and business exodus plagues Cincinnati

Columbus—With Ohio’s unemployment at 11 percent, House Republicans decried the partisanship and inactivity displayed by House leadership throughout this General Assembly.
“We all know that our state has been in an economic struggle for some time, and southwestern Ohio is not immune to the financial stresses Ohioans have faced across the state,” Rep. Robert Mecklenborg (R-Green Township) said. “If we’re going to bring jobs back to our constituents, House leadership must be willing to reach across the aisle and embrace innovative, effective solutions to our problems.”
While Ohio has lost 194,000 jobs in the past year alone, the Cincinnati metropolitan area saw unemployment rise to 10.9 percent in February 2010 – the highest rate since 2000.
“My colleagues and I in the legislature see the regrettable path Ohio’s economy has taken under this leadership, and we’ve proposed bill after bill to help solve increasing unemployment and out-of-control government spending,” Rep. Ronald Maag (R-Salem Township) said. “Ohioans deserve for our proposed legislation to have a chance on the House floor, and I urge my fellow lawmakers across the aisle to give us that chance.”
In an effort to create jobs and make Ohio more business-friendly, the House Republican Caucus introduced two packages of proposals aimed at creating jobs and restoring accountability to state government. These “Future of Ohio” jobs and government reform packages would help bring Ohio into the competitive race for jobs by improving the business climate, reducing taxes on families and businesses, and restoring a fiscally responsible state government. To date, none of the “Future of Ohio” proposals have been permitted a vote in committee or on the House floor.
“When your proposals are not working, you have to be able to swallow your pride and ask for help,” Rep. Joseph Uecker (R-Miami Township) said. “The statistics show that the few Democratic solutions to bringing jobs and business back to Ohio have not worked. Ohioans want to work in a business-friendly environment, and my colleagues and I maintain that our “Future of Ohio” packages can accomplish that.”
“As state legislators, our constituents entrust us with the responsibility to be sure that Ohio can fulfill their needs as mothers, fathers, and business professionals,” said Rep. Danny Bubp (R-West Union). “My House Republican colleagues and I remain confident that an effective session will take place before summer recess that will begin to address bipartisan solutions to Ohio’s economic woes.”

Ohio Health Care Freedom Act Update

State Representatives Ron Maag (R-Lebanon) and Barbara Sears (R-Maumee) praised the Ohio Senate for taking action on the Ohio Health Care Freedom Act saying:

“Senate Bill 244, introduced by Senators Shannon Jones and Tim Grendell, is a vital step toward ensuring that Ohioans will maintain control over their own health care. With our state already facing an $8 billion budget deficit in the next budget, the last thing Ohio’s families need is a pricy, substandard mandate that will diminish their access to vital services while driving up costs on the taxpayers and small businesses.

“This is a turning point in our state’s history that can either spur us to protect the interests of our state, or bankrupt Ohio’s families and grow our deficit. It’s clear which side House Insurance Committee chairman Dan Dodd and the House majority has chosen by silencing our Ohio Health Care Freedom Act, which we proposed in August 2009. Because the House majority refused to give this measure due consideration, I am pleased that our colleagues in the Senate have stepped forward to provide leadership on this issue.

“In the wake of the federal health care bill’s passage, Senate Bill 244 will ensure that Ohio is not soaked with new federal taxes or mandates and help give Ohioans a voice on the health care reform issue.”

If you support this legislation, you will want to sign this petition to keep the momentum going strong.

Re: ORP vs Morgan Supporters

I also received the email that touched off posts at Right Ohio and BizzyBlog claiming that legislators who have endorsed Seth Morgan for Auditor are being denied use of the Ohio Republican Party's (ORP) bulk mailing permit. In checking in with various sources, I had heard from several folks that legislators were confirming this story to them so I decided to check in with ORP Executive Director, Jason Mauk, who said this in reply:

By law, candidates are not entitled to "use" the party's mail permit. The party may choose to send mail on behalf of a candidate, as we do many times in every election. In fact, I'm looking at an ORP mail piece for Rep. Cliff Hite right now, and we have one in the works for Rep. Barbara Sears. Both are listed on Rep. Morgan's website as endorsees. You need better sources.

I was later told that this was "being driven" by State Rep. Ron Maag, who according to the ORP, "hasn't once asked the chairman or anyone in our shop for support." I don't have close contacts with Maag, so I am hoping that he or someone on his team will see this and send me an email to confirm or to comment.

DEVELOPING...

UPDATE: This just in from ORP...

Chairman DeWine spoke with Ron [Maag] this afternoon, and they had a great conversation about how the party can help his primary campaign. He agreed to dispel this endorsement rumor.

Ohio Round-Up: Reaction to Health Care Law

I have a whole bunch of quotes, stats, ballot initiates, and potential state laws to get out of my inbox and on to the site, so let's get this round-up started...

Republican Leader, my Congressman and a Great American -- John Boehner:

“This is a somber day for the American people. By signing this bill, President Obama is abandoning our founding principle that government governs best when it governs closest to the people. Americans have never felt more disconnected from their government than they do today.

“Never before has such a monumental change to our government been carried out without the support of both parties. This debate has fostered unprecedented division at a time when this nation needs to come together and address the serious challenges we face.

“The devastating consequences of this legislation will be felt in broken promises, higher costs, lost jobs and fewer freedoms. Republicans will continue to stand on principle, hold President Obama accountable for his promises, and fight to repeal this government takeover of health care so we can start over on common-sense reforms that lower costs for families and small businesses.”

BONUS VIDEO:


Rep. Bob Latta (R, OH-05):

“On Sunday, March 21, Congress held a career-defining vote on the issue of government funding of abortion and for the pro-life community. I voted against H.R. 3590, the Senate-passed health care bill, because it contains several provisions that will facilitate the federal funding of abortions. Furthermore, the bill does not provide for the conscience protection for health care workers.

Many lawmakers who consider themselves ‘pro-life’ voted in favor of this legislation after a promise from President Barack Obama to sign an Executive Order (EO) to correct the problem of abortion funding in the bill. However, President Obama is the most pro-abortion chief executive to ever reside in the White House and a piece of paper signed with his name will do nothing to make this health care legislation acceptable to protect the unborn.

An EO cannot change federal statute, which is what H.R. 3590 which was signed into law today. Even Representative Debbie Wasserman Schultz (D-FL), a pro-abortion member of the House Democrat Leadership, admitted during an interview with Fox News on Sunday that ‘an executive order cannot change the law.’ Furthermore, an EO can be retracted just as easily – it does not have the full force of the law. The American public, including my constituents, have overwhelmingly indicated that they do not want the government to fund abortions, but that is exactly what this legislation will do.”

Ohio House Republicans (Barb Sears and Ron Maag):

“The people of Ohio and our nation deserve better than this partisan bill that will raise taxes and cause our deficit to skyrocket, leaving our children to foot the bill,” Maag said. “Everyone can agree that the health care system should be improved, but this format is neither the hope nor the change the hardworking families of this state wanted.”

House Joint Resolution 3, commonly known as the Ohio Health Care Freedom Act, would propose an amendment to Ohio’s Constitution to prohibit any Ohio law or rule from forcing any person, employer or health care provider to participate in a health care system. Had the House majority moved forward with this initiative back in August, the measure would have appeared as a ballot issue in February 2010.

“I’m disappointed that in the face of mounting government spending and control, Ohio’s Democrats refused to even allow the Ohio Health Care Freedom Act to be placed on the ballot for the people to decide,” Sears added. “In Columbus and in Washington, D.C. alike, elected officials are supposed to uphold the will of the people, not manipulate democracy and circumvent public input. I respectfully reiterate our request for HJR 3 to have more hearings and encourage the House majority to place the measure before the full House for a vote.”

According to a recent Quinnipiac Poll, Ohioans oppose Congress’s health care overhaul 56 to 33 percent. The bill is projected to cost an average of nearly $95 billion annually over the next decade with costs accelerating over time. In 2018, national health care expenditures are projected to exceed $4.5 trillion as per the Congressional Budget Office and the Centers for Medicare and Medicaid Services.

Ohio Senate Republicans (Shannon Jones and Tim Grendell):

Columbus – Following passage of federal healthcare legislation that will have a tremendous impact on the state budget and Ohio taxpayers, State Senators Shannon Jones (R-Springboro) and Tim Grendell (R-Chesterland) will unveil legislation designed to protect Ohioans from federal mandates regarding their health care.

US Senate Candidate Rob Portman:

"Our health care system is broken but the partisan bill the U.S. House of Representatives narrowly passed last night is the wrong fix. We need real reform that will cut rising costs and make sure that every American has access to quality care. Unfortunately, the bill going to the President for signature into law doesn't do that. It is a budget buster we can't afford and a big government approach that will increase premiums, burdensome government regulations and taxes that will make it even harder for small businesses to create the new jobs we so badly need in Ohio. There was a better way, by finding common ground on sensible reforms to reduce costs and expand access. Regrettably, Washington Democrats ignored the will of the American people to enact a bill filled with backroom deals and special-interest payoffs."

OH-18 Congressional Candidate Bob Gibbs:

“Once again the US Congress went wildly out of control with their attempt to resolve a challenge facing this nation. Just like when Congress overreacted to rising unemployment rates by passing the so-called “stimulus” bill which added no new jobs, Congress passed a bad bill tonight that doesn’t fix our health care system, and adds crippling taxes to families and businesses.

This bill immediately raises taxes, cuts Medicare, and hurts our seniors. The notion that this bill creates jobs or decreases the deficit is simply absurd. Ohio jobs will leave our area now that added burdens, such as extra taxes and penalties on employers, have become a part of their reality. Perhaps most disappointing was seeing the principled stand of some members, who refused to vote for this bill if it included public funding of abortion, end with an agreement to vote for it with only the assurance of an unsustainable compromise that doesn’t address the pro-abortion language of the bill.

Two months after Scott Brown was elected trying to stop this from happening, Congress passed a bill that brought out their very worst with impossible to justify deals like the “Cornhusker Kickback.” It’s clear that Nancy Pelosi didn’t hear the message that came from the election results in Massachusetts, and clear that Congress had no intention of listening to the American people, who clearly wanted Congress to go back to the drawing board and put forth a bill that we could be proud of.

Zack Space cast a critical vote early on to set us on this path. His retreat from his earlier vote does not absolve him from the blame for what will now happen to our economy and to already out of control federal spending. Voters will hold Zack Space accountable for setting this in motion. I will make certain of it.”

Ohio Liberty Council:

“The Ohio Liberty Council seeks to preserve the freedom of Ohioans to choose their health care and health care coverage,” said Ohio Liberty Council President Chris Littleton. “With the passage of untenable national mandates on health insurance, the federal government is trampling on the direct constitutional authority and responsibility of state legislatures. This constitutional amendment will do what our leaders in the Statehouse and Congress have failed to do – protect Ohioans from federal mandates on personal behavior.”

“The health care reform bill’s requirement to maintain minimum essential coverage essentially asserts that if you are alive, you must buy health insurance that is acceptable to the federal government. However, the mere act of being alive is not commerce that can be regulated by the federal government,” said 1851 Center Executive Director Maurice Thompson. “Accordingly, the legislation is constitutionally tenuous, and will take a backseat to our constitutional amendment, which upon enactment, will be a fundamental right amongst all Ohioans.”

Check out the proposed amendment here (PDF).

UPDATE: Rep. Mike Turner (R, OH-03)

Ohio House GOP Screening Panel Defines Timeline for District 67

Release:

COLUMBUS – House Republicans today announced the following timeline for appointing the next representative of the 67th House District to serve in the 128th General Assembly.

Interested parties were asked to submit their application no later than close of business today, Friday, August 28, 2009. To date, candidates for the seat include: Peter A. Beck, Jeffrey D. Monroe and Michael Eshleman.

“The panel will thoroughly research documents provided to identify the best candidate for the people of Warren County,” Maag said. “This candidate will possess the fundamental character, integrity and work ethic that are reflected in all citizens of the 67th House District.”

The screening panel consisting of ten representatives will convene on Wednesday, September 16. Panel members will conduct interviews and discuss each candidate thoroughly before reporting findings to the full caucus. Immediately following, the caucus as a whole will vote and announce the appointee, who will be sworn in during the following week’s session.

“With this timely deliberation and fair process, the panel and caucus as a whole can better serve the citizens of the 67th District,” Adams said. “Appointing a member of the General Assembly is a rare and distinct privilege that will have an unquestionable impact on the citizens.”

The panel was formed to find the best suited replacement for the seat vacated by former State Representative Shannon Jones (R-Springboro), who has since been appointed to the Ohio Senate.

Ohio Energy Update

I was asked a question about two candidates for an Ohio Senate seat yesterday and as I was researching the two individuals in question, I came across something that I hadn't heard about and wanted to sahre with you all...

On March 30th of this year, Minority Whip John Adams introduced a bill that would allow the Director of Natural Resources to issue permits and make leases to take and remove natural gas and oil from under the bed of Lake Erie.

HB 110 was assigned to the Agriculture and Natural Resources committee where Democrats who control the chamber have let it sit.

I don't have a dollar figure to provide here, but I would imagine that the fees associated with granting permits and leases to do this sort of business might have an interesting effect on this state's bottom line. We're still having budget problems and once again we see Ohio House Democrats not bothering to even hear an idea that might help us out of the situation.

This bill had 31 co-sponsors. My question is this: We have more than 31 Republicans in the Ohio House, where are the rest of them? The good guys (and gals) are: Representatives Batchelder, Blessing, Jordan, Boose, Burke, Combs, Goodwin, Hall, Huffman, Martin, Morgan, Stebelton, Uecker, Wagner, Wachtmann, Daniels, Bubp, Grossman, Adams, R., Amstutz, Zehringer, Hackett, Balderson, Mecklenborg, Blair, McClain, Snitchler, Maag, Stautberg, Ruhl, and Sears.

Shannon Jones, Bill Coley, and Tim Derickson...where are you?

Church Wants to Drill for Natural Gas

The Dayton Daily News had a really interesting story about a church in Stow, Ohio that wants to drill for natural gas as a way to secure its financial future.

Of course, a couple of NIMBYs in the neighborhood are preventing this from happening.

I'll believe that we have a real energy crisis when those who claim they want us off foreign sources of energy will allow us to explore and exploit our own resources.

UPDATES

UPDATE: Shannon Jones responded on Facebook and I thought it would be smart to post her response here too:

Thanks for asking, Matt. I have been a long supporter of drilling on public lands. I typically don't co-sponsor much - especially when I don't serve on the committee that will hear the bill -- because you can't control how the bill gets changed. Often times it changes so much you don't recognize it and wouldn't have supported it to begin with. So you know, we were successful in getting the drilling language in the conference report of the budget. Sadly it was one of Governor Strickland's vetoes. Since he doesn't support it and the House Ds don't support it we won't get anything done on this issue. Ohio is full of natural resources -- we ought to be extracting them for use of the taxpayers. Speaking of energy, did you read the Riskind article in today's Dispatch on the Piketon plant? Check it out. This is another area where Obama and Strickland have failed us on energy policy. And jobs too. Sad.

I think this is the Riskind story she was referring to...and I'm glad that she brought that up because I was trying to decide if I should include that in this post. The Piketon plant is another in the long line of Ted Strickland failures.

UPDATE 2: In further research, I came across something that might have been a snag...

The federal Energy Policy Act of 2005 prohibits a federal or state permit or lease from being issued for new oil and gas slant, directional, or offshore drilling in or under one or more of the Great Lakes (42 USC § 15941). Thus, if enacted, the bill might conflict with federal law.

Of course, had the bill seen the light of day, we could have started an effort to get our Congressional delegation working on fixing it...

UPDATE 3: This is pretty interesting...

Matt, another angle to the Federal limitation is that the Feds have in effect "taken" the subsurface resources of the lakes, without any input from the Great Lakes states - who OWN the lake bottoms and everything below to the center of the earth.

If my emailer is going where I think he is, this might make for an interesting Tenth Amendment type case...

If memory serves, Michigan has been dreadful when it comes to supporting endeavors such as what is suggested in this bill. Canada, on the other hand...

GUEST COLUMN: "John Kasich Supports 2nd Amendment Rights" by State Rep. Ron Maag

By State Rep. Ron Maag

In 2008, we as gun advocates were sold a false bill of goods, as Governor Ted Strickland campaigned for then candidate Barack Obama in Ohio. Strickland made a promise to all gun owners in Ohio that they could be assured that Obama would be strong on gun rights if elected President. “If you are a hunter or a gun owner, you have nothing to fear from Barack Obama,” said Strickland (Columbus Dispatch, 10/10/2008). “You spread the word – Ted Strickland said so,” he added.

In 2010, we have a duty as defenders of the second amendment to hold Strickland accountable for his promise, and for his role in helping to elect a President who does not share our values on gun rights.

The real Obama record on guns:

Obama: “…assault weapons have only one purpose, to kill people. I think it is a scandal that this president did not authorize a renewal of the assault weapons ban.”

Obama: “I am consistently on record and will continue to be on record as opposing concealed carry.”

In 2000, Senator Obama cosponsored a bill to limit handgun purchases to one per month.

He voted against letting people violate local weapons bans in cases of self-defense.

While we can hope that the President never acts according to his true colors on gun rights, we must remember that promises were made by our current governor – promises that now look like the standard political pandering that we have come to expect from him, and from countless politicians who, at election time, give lip service to gun rights in search of our support.

Governor Strickland is the embodiment of this type of opportunistic political posturing, as evidenced by this 2006 Dayton Daily News editorial column:

All of which is little bit funny to somebody who remembers how Strickland's strict anti-control position emerged. By Strickland's own account, it emerged in some measure in a meeting with this newspaper's editorial board. It was 1992. Strickland, having failed to get elected to Congress in three tries, the most recent being 1980, was running in a newly created district. In the campaign, gun control inevitably came up, and Strickland said that, while he didn't personally have any problem with gun control, he felt that his would-be constituents in rural Ohio did. And he thought he should honor their views. This wasn't the first time he had expressed himself on gun control. The Republicans eventually surfaced a Strickland quote from 1976: "I personally do not like guns and I do not own a gun." [Editorial by Martin Gottlieb, Dayton Daily News, 5/17/06]

I am a lifetime member of the National Rifle Association, an NRA certified pistol instructor and a concealed carry instructor. I am also a State Representative in the Ohio General Assembly, serving the 35th House District, comprised of parts of Warren and Hamilton counties. Accordingly, I can recognize better than most when a candidate for elected office is playing politics with the gun issue, and when they are a friend to our cause.

John Kasich is such a friend.

John is a gun owner and strong supporter of the Second Amendment. He understands the concerns of Americans who own a gun for self-defense, as well as the issues impacting hunters and sportsmen. During his time in Congress, he was regularly endorsed and financially supported by the NRA, and has stated publicly that he has “probably agreed more with the NRA than my wife has agreed with me.”

John understands that people have a right to defend themselves, their families, and their property, whether it’s concealed carry or the home Castle Doctrine. Most importantly, his record on guns should be judged on the totality of his career – not simply by his vote on the 1994 crime bill.

He recognizes that the assault weapon ban was bad policy and has stated so publicly. As a guest host on The O’Reilly Factor in 2005, John said, “I actually voted to limit some guns. I voted to ban the assault weapons. You know what I've concluded after that? Banning all these guns and passing all these laws isn't going to fix it.” While addressing a gang concern during that same show, John added, “…don’t blame the gun, blame the problem.”

While it remains a while off, the 2010 election will be critical to Ohio second amendment supporters, and all of us recognize that at any moment and with a simple stroke of the pen, the White House could significantly impede our ability to bear arms. As Ted Strickland was complicit in electing a President who threatens our values and our rights, we therefore owe it to ourselves and our cause to give John Kasich a serious look for governor.


State Representative Ron Maag, House District 35

RELEASE: Maag and Schuler Introduce Legislation to Address "Sexting" Issues

Release:

LEBANON – State Representative Ronald Maag (R-Salem Township) and State Senator Bob Schuler (R-Sycamore Township) today joined Warren County Prosecutor Rachel Hutzel to highlight their recently introduced companion bills that would ensure Ohio law has appropriate penalties in place to address “sexting.” Sexting refers to sending nude photographs and videos through cell phones and other mobile devices.

The legislation would make the creation, exchange and possession of nude materials between minors by a telecommunications device a misdemeanor of the first degree. Additionally, any minors that show themselves in a state of nudity through text message may be charged with the same penalty.

Current law has no specific prohibition for sexting, but has stringent laws against child pornography. As a result, a minor who sends or receives a nude photo of themselves or another minor could potentially be charged with a felony.

“I think what these teens need is education about how this type of behavior could affect their lives,” Maag said. “This legislation does not affect the state’s ability to try actual sex offenders. What it does is clarify the law regarding incidences such as these.”

A recent study showed that one in five minors across the country has either sent or received sexually explicit pictures and videos. The legislation would apply only to teens under the age of 18, separate from similar adult offenses which carry felonious charges.

"'This legislation brings needed balance to Ohio law to hold teenagers accountable for their actions, without having to charge them as sexual offenders," Schuler said. "I hope this effort will also raise awareness amongst parents for how serious and common 'sexting' has become and make our young people think twice about what they are sending to one another."

This legislation is in response to increased incidents of “sexting” in Ohio. The first case prosecuted occurred in Mason when nude photos of a 15-year-old girl were found on a freshman boy’s cell phone. Both teens were charged with a misdemeanor for contributing to the delinquency of a minor, but the judge has complete discretion over what sentences they may receive.

“This legislation will provide prosecutors with an important tool to protect our children,” Warren County Prosecutor Rachel Hutzel said. “Representative Maag and Senator Schuler are helping move Ohio’s laws into the 21st century. The reality is that we have many 20th century laws for 21st century actions. This is an important step to correcting this problem.”

In addition, the recent death of Jessica Logan has prompted national awareness among teens and families. Logan was an 18-year-old girl from a Cincinnati-area high school who committed suicide after a nude picture of herself sent via text message to her boyfriend was later spread throughout the school. Jessica’s mother, Cynthia Logan, has taken Jessica’s story on a national campaign to alert teens of the dangers and implications of “sexting.”

Press conference participants included: Representative Ron Maag, Senator Bob Schuler, Warren County Prosecutor Rachel Hutzel, Attorney Parry Aftab, Superintendent of Mason City Schools Kevin Bright and parents of Sycamore High victim Burt and Cynthia Logan.

ACLU of OH Says Sexting Should NOT Be a Crime

Before we get to this ridiculous quote from the ACLU of Ohio, we need to define what sexting is... Sexting is the word used to describe the act of kids sending other kids nude or semi-nude photos of themselves over cell phones. It has become something of a menace in our schools as of late and a Republican State Representative has proposed a bill clarifying the laws that these cases are currently being tried under.

In reply to our email, Warren County Prosecutor Rachel Hutzel said, "I want to emphasize how serious sexting is. What the ACLU, and some of these students, do not seem to understand is that sending nude pictures of yourself as a teenager is something that can carry with you for the rest of your life. Our goal is to put an end to this now before many young people's lives are affected."

The legal director for the ACLU of Ohio doesn't seem to think that this is such a big deal. He is quoted in the Daily Record as saying:

"Children do foolish things, and the remedy for foolish things is not criminal action," [Jeffrey] Gamso said. "The remedy for what is going on, sexting, is not criminal prosecution. It is not delinquency prosecution. The remedy for this is education."

Hutzel doesn't entirely disagree. "I do agree with the ACLU that this is, in part, about education, and we are working with the schools to educate students about the dangers of sexting. However, in some cases that is not enough. Criminal prosecution will be used where education doesn't stop the problem." Hutzel said.

The bill that we are discussing was put forth by Warren County state representative Ron Maag. Maag has been quoted in the Cincinnati Enquirer saying that the idea for the bill was brought to attention because under current law these kids were facing felonies if convicted.

“Local prosecutors have brought to my attention that under current Ohio law these teens could be charged with a felony and classified as sex offenders. There is concern that this may not be appropriate for these minors.”

Even Maag thinks that education is a part of the solution. From the same article:

“I think what these teens need is education about how this type of behavior could affect their lives,” Maag said in the statement. “This legislation does not affect the state’s ability to try actual sex offenders. What it does is clarify the law regarding incidences such as these.”

But is education alone enough to address the seriousness of sexting? You can put this blogger down on the side of "NO." Even Attorney General Richard Cordray understands the need to clarify these laws for this situation. Cordray is quoted in the Daily Record piece:

"Our laws right now are pitched against the adult sex offender," he said. "For young people who are sexting, maybe innocently, maybe not always innocently, the notion that they will be tried and convicted as adult sexual predators doesn't really seem to fit the bill.

An awful lot of smart people seem to think that education alone is not the answer. "I don't mind being on the other side of the ACLU," Hutzel said, "I have in the past and probably will be again in the future."

ADDITIONAL COMMENTARY:

Delaware County Prosecutor Dave Yost: "All criminal acts involve foolish decisions. The question is whether the act harms society -- and an electronic image is easily copied, easily disseminated and easily obtained by pedophiles."

Ohio House - 35th District Update

There is a new player entering the field and his name is Ron Maag. Maag touts an impressive list of endorsements including:

Citizens for Legal Communities
Sheriff Si Leis, Hamilton Co. Sheriff
Sheriff Tom Ariss, Warren Co. Sheriff
Sheriff Richard Jones, Butler Co. Sheriff
David Miller, Republican State Central Committeeman, Hamilton Co.
Prosecutor Rachel Hutzel, Warren Co. Prosecutor
Commissioner Pat South, Warren Co.
Commissioner Mike Kilburn, Warren Co.
Jim Aumann, Warren Co. Treasurer
Beth Deckard, Warren Co. Recorder
Neil Tunison, Warren Co. Engineer
Nick Nelson, Warren Co. Auditor
Former State Rep. George Terwilleger
Mayor Amy Brewer, Lebanon
Dr. Jeff Monroe, Lebanon City Council
Mayor Cheryl Davidson, Corwin
David Fornshell, Vice Chair Warren Co. Republican Party
Lori Viars, pro-life leader
Mike Geygan, business leader
Roseann Siderits, conservative leader
Maynard & Stella Hagemeyer, Republican leaders

There are some powerhouse names there! There is also one name that the insiders will recognize as one that will cause me to look at this candidate very hard. No, I won't reveal which name it is...

It appears that the race wasn't complicated enough and a third candidate was needed. Eric Minamyer was wounded by having lost his trustee seat to a John Rabenhold sock puppet. And Rabenhold is still a lobbyist for Check'n'Go who is racking in the fat cat dough.

Initial analysis: This is good news for Rabenhold unless Minamyer drops out and supports Maag. Why? Because at this point, it appears as if Rabenhold holds all the cash cards... This will be DeWine vs. Pierce vs. That Other Guy all over again. The anti-Rabenhold vote is going to have to solidify around a single candidate if they wish to take him out here and now. The only strategy that I can think of that would overcome the war chest that Rabenhold has gathered is destroyed by having the vote split in a multi-candidate race. If that holds, then the guy with the cash wins...

HT: Bizzy via email...but look for NixGuy to have something to say on this too at some point.