CAPITOL BRIEF - Ohio Alliance of YMCAs
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CAPITOL
BRIEF
Ohio Alliance of YMCAs
6956 Broad St, Columbus, OH 43213
June 2021
OhioYMCAs.org
A LEGISLATIVE NEWSLETTER FOR CEOS, CVOS, STAFF, AND PARTNERS OF THE OHIO ALLIANCE OF YMCAS
ANNOUNCING OHIO’S NEW YG IN THIS ISSUE
DIRECTOR—ZACH ZUGELDER Announcing Ohio’s New YG
Director—Zach Zugelder
Zach Zugelder is excited to be returning to the Ohio
Alliance of YMCAs as their Director Civic Engagement and DeWine Signs State Budget
Teen Leadership. A lifelong Ohioan and Daytonian, Zach
State Forecasts Much Higher
attended Carroll High School and the University of Revenue
Dayton.
Householder Expelled
Zach has had a long history with the Y where he
participated in swim lessons, youth soccer, and summer Collegiate Athletes to Earn
camps as a young kid but he really found his passion for Compensation
the Y while participating in Ohio YMCA Youth & Government during high
school.
During his time in Youth & Government he served as President of the ENJOY THIS ISSUE?
Senate from 2010 to 2011 and as Youth Governor from 2011 to 2012. In
2011, Zach was the first Ohio Youth Governor to attend the YMCA Youth Feel free to share this newsletter
Governors conference in over two decades and in 2012, he served as with anyone who may find it useful.
Ohio’s first Statewide delegate to the YMCA Conference on National Affairs.
After graduating from high school, Zach served as a longtime Volunteer for
the Ohio Youth & Government Program and the YMCA of Greater Dayton QUESTIONS,
and in 2015 he was recognized as the YMCA of Greater Dayton’s Teen COMMENTS, IDEAS?
Services Volunteer of the Year.
Contact Beth Tsvetkoff at btsvet-
From 2016 to 2018, Zach served as the Assistant Director of Civic koff@ohioymcas.org.
Engagement and Teen Leadership with the Ohio Alliance of YMCAs. During
this time, he had the opportunity to travel the state working on Youth & Also follow Beth on Twitter at
Government recruitment and to work with local Ys to help strengthen teen www.twitter.com/BethTsvetkoff, or
programing. at www.ohioymcas.org.
Zach has spent the last 4 years working in local government leadership in
Montgomery County where he led special projects and public relations for
local elected officials. Zach hopes to bring his project management skills
and community connections to his new role as he works to strengthen the
Ohio Alliance of YMCAs’ Civic Engagement programs.
Zach lives in Dayton, Ohio where he is active in local politics and an avid
University of Dayton Basketball fan. During his free time, you will likely find
him at one of Dayton’s local breweries or enjoying live music at one of
Ohio’s concert venues.
If you’d like to talk with Zach about Ohio YMCA Youth & Government or
how we can boost Civic Engagement programing in your region please
email or him at zzugelder@ohioymcas.org or call him at 937-272-3494.
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to take steps to protect their employees and customers
DEWINE SIGNS STATE from the spread of this deadly disease. Ohio law should
BUDGET not reward businesses and individuals that violated
orders and rules adopted to protect Ohioans from the
spread of COVID-19 by excusing their actions."
Gov. Mike DeWine released the signed FY22-23
operating budget, HB110 (Oelslager), early July 1--the Item Number 9: Changing ADAMHS Board
start of FY22. He vetoed 14 items--a relatively low Composition and Appointment
number of vetoes for a budget bill--and ones that, for "The DeWine-Husted administration supports
the most part, do not address the more controversial empowering county commissioners to which this
provisions of the budget. provision applies to establish new boards of alcohol,
drug, and mental health of varying sizes. However, this
The following highlights some of the 14 vetoed items: language, as written, limits the director of mental health
and addiction services’ ability to appoint Ohioans with
Item Number 2: Medicaid Rates in Statutes lived experience with behavioral health issues, family
"This item codifies certain Medicaid program rates in members, and clinical experts to boards of alcohol,
statute. The Ohio Department of Medicaid (ODM) and drug, and mental health. The perspectives of these
Ohio Department of Developmental Disabilities (DODD) individuals are essential to create continuums of care
are supportive of and will implement the increased that meet the needs of Ohioans struggling with mental
rates for the PASSPORT, Ohio Home Care, adult day illness and substance use disorders. The administration
care, MyCare Ohio, Assisted Living waiver programs for would be supportive of legislation to allow certain
specified services, waiver programs administered by counties to reduce the size of their boards of alcohol,
DODD. The ODM will also support the continuation of drug, and mental health. However, any change in the
the tiered pharmacy supplemental dispensing fee. law that allows a reduction in the number of individuals
However, establishing rates in statute restricts the on a board must maintain the current proportional
ability of the ODM and DODD to appropriately manage number of members appointed by the director of the
the policies and costs of the Medicaid program in a way Ohio Department of Mental Health and Addiction
that benefits Ohio consumers and complies with federal Services and by the county commissioners."
regulations."
Item Number 14: Medicaid Managed Care
Item Number 4: Changing Community School Procurement
Sponsors "This item would limit the Department of Medicaid’s
"This item includes a proposed exemption in Ohio ability to fulfill our commitment to all Ohioans - to
Revised Code Sec. 3314.034 that removes an children and their parents, physicians, counselors,
important quality assurance mechanism in law that nurses and all of our health care professionals to
allows sponsors to hold community schools provide a system of accessible, quality health care. The
accountable. This item would allow low-performing language would require Medicaid to award contracts to
community schools in which a majority of the enrolled certain companies without requiring that they
students are children with disabilities to avoid demonstrate the ability to meet the medical needs of
accountability to the schools’ sponsors by allowing Ohioans. The reforms started under the DeWine-Husted
them to simply shift to another sponsor, an action administration are poised to save the state of Ohio
currently prohibited by law. Such schools are already hundreds of millions of taxpayer dollars, increase
exempt from automatic closure requirements and are transparency and accountability, better connect Ohioans
not included in the academic performance ratings in with needed care, and provide additional support for
sponsor evaluations. This change reflects a step back children with complex behavioral health needs and
from the quality controls established over the last adults with chronic conditions. This item puts at risk the
several years.” overhaul carefully designed to improve the lives of the
most vulnerable Ohioans."
Item Number 6: Court Orders Awarding Money to
State/General Assembly Intervention in Lawsuits Hannah News Service
"These items create a right of intervention in Executive
Branch litigation by General Assembly leadership and
create additional bureaucracy in reporting and finalizing
court settlements. It is virtually unheard of for state or STATE FORECASTS MUCH
federal courts to permit members of the General
Assembly to intervene in lawsuits. This item conflicts HIGHER REVENUE
with prior court decisions and impinges on the
separation of powers. The governor and the attorney
general are empowered by the Ohio Constitution to Telling the HB110 (Oelslager) Conference Committee
defend and enforce the laws of Ohio. These that "the best-case scenario has been realized on
amendments impermissibly infringe on those almost all fronts," Office of Budget and Management
responsibilities." (OBM) Director Kim Murnieks updated the agency's
FY22-23 revenue forecasts by almost $3 billion, but
Item Number 7: Vacating COVID-19 Violations cautioned lawmakers that the forecast includes one-
and Refunding Fines to Businesses time resources and is affected by boosts to spending
"This item will vacate orders addressing the compliance that will not last indefinitely.
of liquor-permitted businesses with COVID-l9 health
orders, cease disciplinary actions that are in progress, Murnieks told the committee that Ohio's economy is
and refund payment of any fines. During the pandemic, rebounding." She said when OBM crafted the forecast
business owners across Ohio made sacrifices to protect that formed the basis of the executive budget, the
both their employees and customers from the spread of pandemic landscape was different than today. OBM did
COVID-19. This item sends a message that those not know the effectiveness of the vaccines on Ohio
responsible business owners are not valued as much as when it developed the Blue Book, and there was
the few businesses who failed, sometimes repeatedly, concern that the consumption spending stimulus from
the CARES Act was waning.
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The additional stimulus packages passed in December decrease of $290.2 million over the two fiscal years
and March have had a strong effect on the state's ($133.9 million in FY22 and $156.2 million in FY23). The
revenue, with personal income levels of consumption All Funds decrease is mitigated by updated spending
rising , resulting in sales tax revenues coming in 20.1 estimates in programs heavily influenced by policy
percent higher than estimated in April and May. decisions at the federal level like the Hospital Care
Currently, General Revenue Fund tax revenues are Assurance Program and the Medicare Part D Claw Back
$1.170 billion, or 5.2 percent above estimate for FY21, payments. The updated GRF spending estimates, on the
led by both categories of the sales tax. other hand, reflect the significant reduction in caseload
estimates as well as lower than originally anticipated per
She said OBM now estimates total GRF baseline tax -member-per month costs. Ultimately, the updated
revenue to be $26.5 billion in FY22, an upward revision Medicaid caseload and baseline budget projections
of nearly $1.7 billion from the Blue Book forecast, and reflect the success of Ohio’s response to the pandemic
$27.2 billion in FY23, reflecting a $1.6 billion increase. and provide a clear path forward into a post pandemic
biennium," she said in her testimony.
"Our forecasts of revenue growth are lower in FY23 than
in FY22, as we expect the impact of extraordinary federal Rep. Erica Crawley (D-Columbus) noted Murnieks'
income support to households to wane as the biennium concerns about increased tobacco and alcohol tax
goes on," Murnieks said in her testimony. "Once one revenue, and asked if that shift continues. Murnieks said
adjusts FY21 income tax revenue for the amounts they continue to see above-estimate receipts in those
received in FY21 that would ordinarily have been categories, with the cigarette tax revenue for the current
received in FY20 (because of the postponement of last fiscal year 7.2 percent over projections and the alcohol
year’s annual return filing date), total GRF baseline tax tax up 11.9 percent. She said that is why it is important
revenue growth in FY22 is forecasted to be 4.3 percent, to maintain portions of the budget focused on tobacco
slowing to 2.9 percent in FY23. The pattern of slowing cessation and addiction services.
growth during the biennium holds not only for total tax
revenue, but also for each of the major taxes as well Rep. Phil Plummer (R-Dayton) asked what the total
(again, one must adjust the FY21 income tax revenues to additional revenue available will be accounting for the as
obtain this result). In the auto sales tax, growth actually -passed Senate version of the bill. Murnieks responded
turns slightly negative in FY23." that it totals about $3 billion over the biennium.
Murnieks also noted the forecast includes "significant one The updated Legislative Service Commission (LSC)
-time resources," adding that it is crucial that a close eye estimate was slightly more conservative but still
is kept on the budget's structural balance. Those one- estimated an additional $2.5 billion in revenue over the
time resources include: biennium.
Wendy Zhan, director of LSC, told the conference
"Funds conserved this current fiscal year that committee that the positive recent revenue numbers for
resulted from the governor’s decisive actions the current fiscal year have led to increased expectations
reducing state payroll expenses, freezing hiring, and in the upcoming biennium. She said GRF tax revenues
limiting administrative costs including state agency are now forecast to increase by 0.9 percent to $26.42
travel expenses." billion in FY22 and by 3.3 percent to $27.28 billion in
"Savings from refinancing and restructuring the FY23. The forecasts are $1.18 billion or 4.7 percent, and
state’s debt portfolio." $1.25 billion, or 4.8 percent, respectively, higher than
"Temporarily increased federal Medicaid matching LSC's February forecasts for FY22 and FY23. She said
funds that have been available during the pandemic those increases are primarily attributable to the two
but are only expected to continue through the end of largest GRF taxes.
the current calendar year, freeing GRF resources."
"Some sales tax revenues that have been LSC's Legislative Budget Office (LBO) is now forecasting
temporarily boosted now three times by colossal somewhat lower Medicaid service expenditures for the
levels of federal stimulus and by a 'pandemic effect' current fiscal year and for each fiscal year of the next
on consumer spending leading to more spending on biennium, due to the availability of several more months
taxable goods and less spending on untaxed of actual data showing lower than expected caseload and
services. Not only has spending shifted to taxable expenditures for FY21 and expected continuing economic
goods, but to spending on taxable goods at home." growth throughout the next biennium.
She said those effects, especially the boost to consumer "The updated LBO baseline forecast for combined state
spending, will likely run their course over the biennium. and federal Medicaid service expenditures is lower by
She pointed to a recent report that U.S. retail sales $223.8 million in FY22 and $235.5 million in FY23, than
dropped 1.3 percent in May compared to April as a sign was presented in February. This reflects a downward
that winds already may be shifting as consumer spending revision of 0.9 percent in each year. The state share of
moves from goods to services. Medicaid service expenditures is now forecast to be
$64.9 million lower in FY22 and $68.3 million lower in
Murnieks also highlighted the updated Medicaid caseload FY23," Zhan said.
Reported by Hannah News Service
projections, with the estimated peak still projected to
come in February 2022 and decreasing by 123,000,
ultimately resulting in reduced average monthly
enrollment and therefore reduced baseline budget HOUSEHOLDER EXPELLED
estimates over the biennium.
The House voted 75-21 this month to expel Rep. Larry
"The updated baseline projection for All Funds Medicaid Householder (R-Glenford), determining his actions in the
spending has decreased by $196.2 million over the scandal around 133-HB6 amounted to “disorderly
biennium. The GRF spending estimate has decreased by conduct” warranting removal under constitutional
$1.18 billion over the biennium, with a state share procedures. A defiant Householder, predicting his
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acquittal on the federal bribery charges against him, “The difference between the way I interpret the
argued the move was in fact unconstitutional and constitution and the way some of my colleagues interpret
disrespectful to the voters who re-elected him knowing the constitution is that they believe disorderly conduct
fully of his legal woes. But Speaker Bob Cupp (R-Lima) means whatever two thirds of this body says it means on
and other supporters of the expulsion resolution said any given Sunday. And I think that’s a very dangerous
Householder’s conduct in developing and moving the precedent to set,” said Seitz, who also took a swipe at
controversial energy law was unethical and stained the Democrats for their role in Householder’s initial elevation
reputation of the chamber. as speaker last session. “When one side of one caucus
makes book with the other party -- Ha! -- it’s very easy
“This is a bit of history. A very solemn occasion. I don’t to see how this could become a circular firing squad of
think anyone’s taking any joy out of this. Every member our own invention.”
that voted, whichever side they did, did it to the best of
their knowledge and judgement and conscience as to Rep. Richard Brown (D-Canal Winchester) said
what was the right thing to do,” Cupp said after the day’s Householder was not charged with crimes fitting the
session. “For me, the deciding factor was the conduct, statutory definition of disorderly conduct. He cited
the unethical conduct reached such a level that a federal constitutional language saying the House “shall be the
grand jury found there was probable cause that it was a judge” of its own members. “You’re right, it’s not a court
crime.” of law. But in this rare instance, pursuant to the specific
terms of the Ohio Constitution, we are the judges, and
“As you saw in the vote, members want to put this we are to act as judges, not legislators, in this instance.”
behind us,” he said.
Rising in his own defense, Householder denied ever
Though the final vote to expel passed by a margin seeking or accepting bribes, and said the constitutional
beyond the two-thirds majority required, the procedural standard of disorderly “conduct” addresses “an act that
maneuver to bring up HR69 (Stewart-Fraizer) succeeded you know occurred,” rather that speculative allegations.
with no room for error, 66-31. Rep. Brian Stewart (R-
Ashville), joint sponsor of HR69 with Rep. Mark Fraizer “If you want to remove a member on accusations, the
(R-Newark), made the motion to suspend the rules and way you remove a member on accusations is to have an
bring the resolution from the House Rules and Reference impeachment trial, where evidence can be heard,
Committee directly to the floor, which also required a witnesses can be called, and there’s a process in place,
two-thirds vote. While the committee had conducted two much like the court system,” Householder said.
hearings in recent days on the resolution, it hadn’t yet
scheduled a vote. Addressing the argument that impeachment was the
proper route if the House wanted to remove
Members debated the resolution for more than an hour Householder, Cupp noted the complications of trying to
before voting, after which the chamber quickly moved on conduct an impeachment trial amid the criminal court
to a handful of bills on its regular calendar. Householder case.
then walked out of the chamber and spoke with reporters
for about 15 minutes. Urging expulsion, Rep. Kyle Koehler (R-Springfield)
rebutted Householder’s argument that the alleged
The floor debate covered much of the same ground as conduct is unproven, citing messages he’d sent to
the committee hearings on HR69. Supporters said even Householder associate and co-defendant Jeff Longstreth
without a criminal conviction, the evidence in the federal about mailers targeting him over his vote against HB6. “I
case demonstrated Householder’s abuse of his position. know that occurred, you know that occurred, because of
Opponents said the “disorderly conduct” standard for page 42 of the 82-page [criminal] complaint. They are
expulsion refers to violence and threats and argued a my texts. I am Rep. No. 6,” he said, holding up the
more expansive definition would set a bad precedent. document.
Stewart said expulsion was necessary to restore honor “These things occurred. They’re not accusations, they’re
and integrity to the House. not speculation. They occurred. I know they occurred,
and you know they occurred,” Koehler said.
Fraizer reviewed sections of the House’s code of ethics,
noting prohibitions on using authority or influence to The final vote saw opposition to expulsion from
secure anything of value, or accepting for personal or Householder, 19 fellow Republicans and one Democrat,
business use such things. Rep. Joe Miller (Amherst). Other Republicans opposing
expulsion were Reps. Tom Brinkman (R-Cincinnati),
“I don’t have to be a lawyer to know that an FBI Jamie Callender (R-Concord), Sara Carruthers (R-
indictment makes this institution look bad,” said Rep. Hamilton), Al Cutrona (R-Canfield), Jay Edwards (R-
Michele Lepore-Hagan (D-Youngstown), who along with Nelsonville), Sarah Fowler Arthur (R-Rock Creek),
Rep. Jeffrey Crossman (D-Parma) had also offered an Jennifer Gross (R-West Chester), Brett Hillyer (R-
expulsion resolution, HR70. Dennison), Don Jones (R-Freeport), Derek Merrin (R-
Monclova), Jena Powell (R-Arcanum), Seitz, Dick Stein (R
“In my opinion, Rep. Householder’s conduct meets if not -Norwalk), Jason Stephens (R-Kitts Hill), Vitale, Scott
exceeds the definition of disorderly,” Crossman said. Wiggam (R-Wooster), Shane Wilkin (R-Hillsboro), Bob
Young (R-North Canton) and Paul Zeltwanger (R-Mason).
As he’d done during the committee hearings, Rep. Bill Judging from lengthy comments he made outside the
Seitz (R-Cincinnati) argued that the statutory definition House chamber following his expulsion, Ohioans have
of disorderly conduct, generally describing violent and likely not heard the last of Householder, though in the
threatening acts, is where lawmakers should look in short term he said his plans were to return to his farm
determining whether Householder’s conduct warranted and help his wife plant vegetables -- corn, tomatoes,
expulsion. He also said that the House could commence lettuce and cabbage.
an impeachment trial, something Householder himself
suggested later in his own floor speech. Reported by Hannah News Service
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COLLEGIATE ATHLETES TO After signing the order, DeWine was asked to elaborate
on his statement on transgender athletes, which was,
EARN COMPENSATION “This issue is best addressed outside of government,
through individual sports leagues and athletic
associations, including the Ohio High School Athletic
National Collegiate Athletic Association (NCAA) players in Association, who can tailor policies to meet the needs of
Ohio can now earn compensation from their name, their member athletes and member institutions.”
image and likeness (NIL) as a result of an executive
order signed by Gov. Mike DeWine. The governor wouldn’t say whether he would veto
legislation banning transgender women and girls from
“Ohio’s colleges and athletes need this directive. The playing women’s and girls’ sports, but noted that the
NCAA and the federal government have yet to provide welfare of children -- both transgender and cisgender --
updated instructions on how to modernize collegiate is the highest priority for him when analyzing the issue.
programs and allow athletes to make money while
making sure they remain amateurs,” DeWine said, noting “There is nothing more important to me than children.
17 other states have enacted similar policies. There is nothing more important than young people,”
DeWine said. “We need to remain focused on these
“Athletes will naturally want to go to college in states young people. That’s how I will approach this as we
where they can earn money and remain eligible to play. move forward.”
Without setting these rules, Ohio college athletic
programs would be at a severe disadvantage,” DeWine DeWine then reiterated that the government probably
continued. “Today I will sign this executive order to give shouldn’t be involved in addressing the issue unless
athletes these rights, and these opportunities -- and also there is a compelling reason.
to retain Ohio’s competitive advantage in college sports.”
“I think that before the government gets involved in
DeWine was joined by Sen. Niraj Antani (R-Miamisburg) making decisions about who can play high school sports
-- the sponsor of SB187 -- as well as Lt. Gov. Jon or college sports, that it needs to be shown that -- in
Husted, Ohio Department of Higher Education Chancellor the case of high school athletes, for example -- the
Randy Gardner, former Ohio State University (OSU) OHSAA is not capable of doing that, or is not doing that
quarterback Cardale Jones, OSU President Kristina adequately,” DeWine said, noting he and First Lady Fran
Johnson, Cleveland State University President Harlan DeWine recently watched a 60 Minutes piece on the
Sands, Schottenstein Real Estate Group President Brian issue that was informative, and gave him some
Schottenstein and OSU Athletics Director Gene Smith. additional perspective on the issue.
While the House passed SB187, it lost support for the “They were talking about teenagers with puberty
emergency clause after adding language banning blockers and hormone therapy, and I think the real
transgender women and girls from participating in question for all of us should be, just really to make sure
college women’s sports and girls’ sports. the medical protocols are followed -- that there is
counseling, that there is evaluation,” the governor said.
“When Sen. Antani and Gene Smith called me at the “Again, without making a judgment call on this, as we
same time, I didn’t have any idea that the two calls have this discussion in Ohio, and as we have this
would be connected,” Husted said jokingly, noting they discussion across our country, let’s try, all of us, to stay
convinced the administration that enacting a state NIL focused on these young people. Understand that being
policy by Thursday, July 1 was “essential.” a teenager is not always the easiest thing in the world,
and so as we get involved in these debates, let’s try to
“Once we knew that we had some lemons, the governor look at the facts. Let’s try to examine this, and let’s
wanted us to make some lemonade out of it. So we went keep the children’s interest as the number one point.”
to work and came up with an executive order solution While Smith didn’t offer formal remarks before the
that will solve the problem for our colleges and our signing of the order, he was asked about his initial
athletes while we await the effective legislation that we reaction to the House amendment on SB187.
do believe is forthcoming,” Husted said.
Antani was also asked if a law banning transgender
Antani said Ohio would have been in jeopardy of falling women and girls from playing women’s and girls’ sports
behind states like Florida, Alabama and Texas if Ohio would undercut one of the purported benefits of the NIL
didn’t enact something by July 1, and praised DeWine for policy, which is to put Ohio in a good position to compete
acting quickly to ensure that didn’t happen. with other states. The NCAA has said laws discriminating
against transgender athletes could result in events being
Later in the day, the conference committee on HB110 pulled from those states.
(Oelslager) inserted language from SB187 into the
budget bill, with Antani saying the amendment provides “When determining where championships are held, NCAA
that the law would go into effect on July 1. That policy directs that only locations where hosts can commit
amendment was one of many changes made to the to providing an environment that is safe, healthy and
budget bill before the conference committee reported it free of discrimination should be selected. We will
out unanimously. continue to closely monitor these situations to determine
whether NCAA championships can be conducted in ways
Later in the day, the conference committee on HB110 that are welcoming and respectful of all participants,” the
(Oelslager) inserted language from SB187 into the NCAA said in a recent statement.
budget bill, with Antani saying the amendment provides
that the law would go into effect on July 1. That Antani said, “There is a reality that the Senate is not
amendment was one of many changes made to the concurring to SB187. I think they’re on record that they
budget bill before the conference committee reported it want more process on this bill. I think that that’s an
out unanimously. issue that can be vetted out during the process.”
Reported by Hannah News Service
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