Tag Archives: Ohio Constitution

Myers’ Letter Urges Rep. Hackett to Support Healthcare Reform Bill HJR 2

February 7, 2011

Representative Hackett,

It is my understanding you have yet to sign on as a co-sponsor of H.J.R. 2, proposing to enact Section 21 of Article I of the Constitution of the State of Ohio to preserve the freedom of Ohioans to choose their health care and health care coverage.

It is my hope, along with many of your constituents in the 84th district that you will do so very soon. The Ohio Liberty Council, The Ohio Freedom Alliance and the several Liberty Groups in your district are ramping up to engage representatives to insure that Ohioans will remain free and not “forced” to purchase healthcare. It is my hope other constituents will also contact you to ask that you very quickly become a co-sponsor.

If you have any questions or if I can be of further assistance please don’t hesitate to contact me. Thank you for representing the 84th district.

Sincerely,
Andy Myers
Policy Analyst
Ohio Freedom Alliance

Ohioans challenging Gov. Strickland’s Slot Machine Gambling to Ohio Supreme Court

On Friday July 23, LetOhioVote.Org filed a Writ of Mandamus with the Ohio Supreme Court directly challenging Governor Ted Strickland’s plan to place up to 17,500 video slot machines at Ohio horse race tracks without a vote of the people.

In the writ, LetOhioVote.Org committee members Tom Brinkman, Gene Pierce and David Hansen asked the Ohio Supreme Court to uphold the right of referendum on this issue. Further, the committee seeks the Court’s affirmation of the peoples’ constitutional right to vote on the video slot machine scheme. If the committee’s effort succeeds, the issue will be placed before voters in November 2010, and the slot machine rollout will be halted pending that vote.

“In 2006, nearly 57 percent of Ohioans opposed placing video slot machines at horse race tracks,” Pierce said. “If Governor Strickland and legislative leaders believe their plan is better than the one the voters already rejected, they ought to make their case directly to the people. Simply ignoring a public vote should not be an option.”

“The governor and legislative leaders should have the courage to place this issue before the voters,” former state representative Brinkman said. “They didn’t have the nerve to cut government, but they freely violate the expressed will of the people? Well, we say ‘not so fast.'” Brinkman is the co-founder of COAST, a Cincinnati-based taxpayer advocacy group.

“Placing video slot machines at struggling race tracks is nothing more than giving wealthy track owners a huge government bailout,” Hansen added. “It’s the same old story; they can’t make their business profitable so they turn to government. Any way you look at it, it’s bad economics and bad government.”

In 2007, Governor Strickland said, “The people of Ohio have spoken with a clear voice on this issue time and time again. They do not want an expansion of gambling in their state.” “The people deserve another opportunity to speak with a clear voice on this issue,” Pierce concluded.

Joining the fight against Strickland’s violation of Ohioans constitutional rights was Buckeye Institute’s 1851 Center for Constitutional Law. The 1851 Center filed an amicus brief on behalf of Ohio Citizen Action, Citizens in Charge and the Ohio Freedom Alliance. The brief urges the court to find language in the state budget excluding the authorization of video slot machines from referendum unconstitutional.

“The referendum process outlined in the Ohio Constitution is sacrosanct and must be tread upon lightly,” said Maurice Thompson, director of the 1851 Center for Constitutional Law. “Ironically, in seeking to arbitrarily and unconstitutionally deprive the people of Ohio of their right to Referendum, the General Assembly accentuates the very reason why Initiative and Referendum are so vital to Ohio’s governance.”

The brief points out that the right to referendum was added by amendment to the Ohio Constitution in 1912 to “serve as a check on the General Assembly by permitting laws, or parts of laws passed is that body to be submitted to voters for their approval or rejection.” In addition the brief cites that the Ohio Supreme Court has, on multiple occasions, upheld the right to a referendum as a staple of democracy in Ohio and should do so again on this issue.

Commentary: In 2006, slot machines gambling (Keno) was voted down by Ohio voters. It was called the Learn and Earn Initiative (Issue 3). Ohioans did learn how much rich track and bar owners would gain and how little school children would gain if passed. Moreover, Ohioans learned that shyster politicians, race track and bars owners were attempting make profits their Constitutionally guaranteed right. Those were reasons Ohio voters said NO to the Keno gambling initiative, a second step to justifying casino gambling. (The first step was allowing the lottery.)

The real issue then is not whether voters have a right of referendum, but a right to have their vote actually count. Ohio citizens made a valid constitutional decision about slot machine gambling at race tracks and other establishments. The decision was NO. No contingency exists–like the State budget deficit–that can negate the common consent of Ohio voters.

The issue created by Gov. Strickland and his legislative supporters amounts to the worse kind of political misbehavior. For they blatantly violate the rights Ohio citizens, oppose their Constitutional powers, and thumb their noses at the will of Ohioans. I do not see any other way to stop politicians of their ilk other than a swift and permanent removal from public office.

In the private sector, it is called being fired.

Voters’ Voices Are Silenced By The Ohio General Assembly

By The Ohio Council of Churches

For the past 20 years, Ohio voters have repeatedly said NO to expanding gambling. Two out of the past three years despite millions of dollars spent on advertising by gambling corporations, the voters have overwhelmingly voted No. Therefore, one has to ask the question why would a Governor, who has repeatedly spoken about the dangers of gambling, suddenly announce that he was supporting slot machines at Ohio’s seven horse racing tracks? Searching for new revenues to help fill a $3.2 billion hole in the 2010-11 biennial budget Strickland believes that this decision will create $933 million in the next two years.

If we step back from the rising pressure of falling Ohio tax revenues and rising unemployment, what are the probably impacts of such a decision? The seven racetracks are only required to pay $13 million of their $65 million license fee in the initial year. Therefore, they won’t have to begin any construction or expend any major funding until the November election when voters will decide the fate of Penn National’s casino proposal. The racetrack slots are not scheduled to begin until May 2010 with only two months remaining in the fiscal year. If the owners of the seven tracks decide that competition with the casinos will reduce the profitability outcome for them, they can withdraw from any further payments to the state and discontinue their plans to install slots at their tracks. Robert Griffin, owner of Scioto Downs racetrack, said they are willing to pay the initial $13 million, but questions if they will go ahead and put something in the ground if the casinos ballot issue passes in November.

Half of the total is based upon a $65 million license fee from each of the seven racetracks creating a total of $455 million. However, they are not required to pay the total up front. The racetracks originally asked for a claw-back provision that would allow them to get any license fees that they have paid back if the casino ballot issue passes in November. The legislature has since removed this option. This indicates that the horse tracks may not be in this agreement beyond November and all the $933 million may not materialize.

Warren county commissioners have remarked that they are opposed to gambling on the fairgrounds and it is very unlikely that the Lebanon racetrack there will participate in the slot machine opportunity. This reduces the $933 million estimate by at least $100 million.

The Governor’s decision seems to have been born out of the pressure to fill a $3.2 billion hole in Ohio’s biennial budget. But as is often the case in most decisions made in haste, this one is based on faulty suppositions. Another potential problem is that the compromise reached by the Governor must provide authorization for the slot machines at the racetracks by Executive Order with the House and Senate providing some enabling legislation. The American Policy Roundtable in Cleveland, an anti-gambling organization, has announced their intentions to challenge the action in the Ohio Supreme Court as violating Ohio’s Constitution by allowing casino –style gambling without a statewide vote of the people. They will seek an injunction to prevent the gambling of slots until a ruling by the court. At the very least, this could markedly reduce the revenue for this biennium. It took Pennsylvania three years to handle political hearings and court cases before they could get their first dime from the slots.

I haven’t even mentioned the fact that the economy has severely reduced the revenues in gambling establishments across the country and the Midwest is now exception. The Governor’s budget representatives provided information to legislative committees that each slot machine could deliver over $200 per machine each day. However, the representative from coin industry advocating for the bars and taverns said that the University of Cincinnati study indicated that each slot machine could anticipate $76 per machine. Obviously the large difference in potential funding could drastically reduce the total amount that the racetrack slots could provide the lottery and Ohio’s budget shortfall.

Finally, Ohio law requires that profits from the lottery must be utilized only by Ohio’s primary and secondary education directly and cannot be supplanted for other purposes. Therefore, court action could be initiated if the Lottery Commission tries to transfer profits to the general fund to cover some portion of the state’s financial budget hole.

The Ohio Council of Churches joins with the large majority of faith-based organizations including mainline, conservative and independent churches in strongly opposing the expansion of gambling because of the many negative impacts on communities, families and individuals. But even among those who favor gambling, many can’t support a monopoly for one business or gambling company. The majority of Ohioans oppose putting them into Ohio’s Constitution as the only ones allowed. This is all done without a competitive bid to give Ohio taxpayers a fair share of the profits. Voters remember that only last year, the Governor authorized a Keno game projected to raise $73 million a year. Eleven months later, Keno has produced just $30 million according to Ohio Lottery officials.

The Columbus Dispatch makes the most salient point in an editorial calling the slots a bad deal for Ohio. Because Ohio’s current budget contains $5 billion in stimulus one-time monies, they point out that even if the slots perform as suggested the next biennium will be $4 billion short in the 2012-13 budget. The editorial says, “In the name of balancing the budget, Strickland is asking Ohioans to subject themselves to a parasitic industry, knowing full-well that it will not begin to solve the state’s long-term fiscal problems. Most of the devastating cuts to Ohio’s safety net will still not be funded in this biennium budget and the next without the $5 billion stimulus funds the outlook is even bleaker.

Ten Ways to Fix the State Budget Fiasco

By Daniel Downs

When the State benefits, public vice is okay. To get what they want, government leaders are ardent supporters vice that many studies show harms communities, wrecks families, and often destroys lives. For the easy money, Gov. Strickland and Ohio legislators have approved what Ohio voters rejected-slot machine gambling, according to the Columbus Dispatch.

Let’s hope voters remember this when they run for reelection.

The good news is Ohio lawmakers who voted against it intend to take the issue to the Supreme Court. Again, it’s a matter of politicians violating the Constitution, even though Gov. Strickland found found a convenient loophole to jump through.

That also means their is still hope that good creative solutions to solving the $3.2 billion budget deficit will be enacted. Marc Kilmer of the Buckeye Institute proposes ten ways to reform the state budget, which would also enable lawmakers to balance the budget. The following are his ten proposals.

1.    Eliminate the Department of Development – a corporate welfare agency. It hasn’t helped Ohio’s economy and few would miss it if it were eliminated completely. Savings: $157 million over two years.

2.    Move away from Medicaid institutional care. Unlike most other states, Ohio relies on expensive institutional care like nursing homes for its Medicaid recipients. Most recipients prefer cheaper alternatives like in-home care over nursing homes. Savings: $400 million per year.

3.    Reform Medicaid Florida-Style. Medicaid offers low-quality, high-cost care and it takes up a large portion of the budget. Reforms enacted in Florida provide Ohio lawmakers an excellent roadmap for tackling this difficult issue. Savings: $1.5 billion per year.

4.    Education funding should follow the student. If the state implemented a plan where the dollars followed students to whatever school they choose, it would lead to a better education for students as well as savings to the taxpayers. Savings: $500 million per year.

5.    Eliminate the increases from Fiscal Year 2009’s level — Legislators gave some agencies an increase from last year. If these agencies’ funding was held at the same level as Fiscal Year 2009, it would save $343.6 million.

6.    Increase state employee health insurance premiums. On average, state employees pay 15% of the premiums for health insurance. Their private sector colleagues pay roughly 20%. State employees should pay the same. Savings: $57 million over 2 years.

7.    Eliminate non-vital agencies. The Ohio Arts Council, the Cultural Facilities Commission, the Commission on Minority Health, e-Tech Ohio, the Commission on Hispanic/Latino Affairs, and the Ohioana Library Association may serve certain special interest groups well, but in this budget crisis the services they provide are hardly vital. Savings: $111 million over 2 years.

8.    Make users of government services shoulder the cost. The state park system’s millions of visitors each year can pay increased user fees. Savings: $70 million.

9.    Don’t expand government health insurance to the middle class. In 2007 the governor and legislators of both parties expanded a government health insurance program to middle class children. The increase has yet to be implemented and should be permanently abandoned. Savings: $119 million over two years.

10.    Eliminate some Medicaid services. If the state would stop paying for Medicaid recipients’ usage of chiropractors, hospice, and a few other services, the state could save $712 million over two years.

When the above saving are added it, the total amounts to $3.97 billion. Hey! that is more than the $3.2 billion. That violating the voters right to say to slot machine gambling isn’t necessary Gov. Strickland. It does means politicians wold have to show fiscal discipline and responsibility.

I still like the executive branch reorganization legislation that would save Ohio taxpayers around $2 billion this budget cycle.

Maybe it’s time Gov. Strickland and other liberal politicians obey the Constitutional and the people’s will. Better yet, why not resign and let someone more creative and responsible get the job done for the people.