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Legislature finally ready to override Taft veto - but on HB12? PDF Print E-mail
Written by Jeff Garvas   
Wednesday, 03 December 2003

Gongwer News Service
Tuesday, December 2, 2003

LEGISLATURE FORCES VETO SHOWDOWN OVER LONG-DELAYED MR/DD VICTIMS OF CRIME BILL

The first legislative override of a veto by Governor Bob Taft moved closer to reality Tuesday with the General Assembly's attempt to impose an outside review on the executive branch authority to shutter state developmental centers.

Itself a victim of political maneuvering that has already led to a five-month delay in its passage, a measure originally designed just to increase legal protections for the mentally retarded and developmentally disabled (SB 4) cleared the Legislature complete with the language offensive to Mr. Taft, or at least a reasonable facsimile. The bill was amended in a joint Senate-House conference committee, but the provision calling for independent, prior review of a governor's proposed MR/DD institutional closures remained largely intact.

Governor Taft told lawmakers in a letter that he planned to veto the entire bill if the provision wasn't stripped - his hand would be forced because only budget bills can incur line-item vetoes. Supporters, including members that have MR/DD facilities in their districts, said they have the votes in both chambers to override the veto.

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Mr. Taft, who vetoed similar language from the budget bill, said in his Dec. 1 letter to Senate President Doug White (R-Manchester) that "if this provision remains in the bill, I will veto this legislation."

The Columbus Dispatch reported today that when asked about the veto threat, White said, "I don’t like it." The Republican from Manchester said he would call for an override of the governor’s veto if that’s the wish of senators.

Senator Spada said he expects the governor will veto the entire bill, but hopes otherwise. If he does, the lawmaker said, "Then we will have to do what we think is right."

The conference report cleared the Senate 32-0 and the House 92-3. Voting in opposition were Reps. Chris Redfern (D-Catawba Island), Barbara Sykes (D-Akron) and James Trakas (R-Independence). Mr. Trakas said afterward that he opposed the changes, along with the infringement on executive power, but expected an override would ensue.

Mr. Wagner agreed. "I think the votes are there, but I hope it doesn't come to that," he said.

To accommodate a speedy override vote, the Senate immediately delivered the signed bill to Mr. Taft Tuesday to get the 10-day clock for gubernatorial action moving. The Senate likely will be out of session for the remainder of the year if Mr. Taft responds with a veto message, but the House will probably be in session for another week.

Speaker Householder said he would talk to his members on Wednesday about overriding a veto, adding the governor shouldn't be surprised given the historical tug-of-war over executive and legislative powers. "This is one of those great standoffs you get into sometimes," the speaker said.

If the process follows through as most expect, it would mark the first time a veto override occurs in Mr. Taft's tenure.

Commentary:
The Republican-led Ohio legislature no longer has any excuse for not immediately finalizing a report on HB12 in conference committee, approving it in the General Assembly, and sending it to Taft. Past excuses offered by a few Senators over reluctance to override a governor of their own party no longer apply. If everyone who voted for HB12 the first time remains true to their vote, veto override is assurred.

Further obstruction by those who would claim to be "pro-gun" can be seen only for what it is - blatant refusal to support the self-defense rights of Ohioans, and a revelation of where they truly stand when it comes to our rights.