OH Action: Voters Empowered To Overturn SB 117

OH Action: Voters Empowered To Overturn SB 117

Add another chapter to the story of a contentious lead paint/consumer protection law that has already prompted a legal battle between the legislature and Gov. Ted Strickland over a post-session veto that was later invalidated by the Ohio Supreme Court.
A coalition of consumer advocates kicked off a referendum campaign on Friday by delivering an initial petition filing of about 1,800 signatures to the Secretary of State's Office.
The coalition decided to take advantage of the Supreme Court's decision that allowed for a 60-day window for opponents to collect signatures to challenge the law through the referendum process. (See Gongwer Ohio Report, August 31, 2007)
Committee co-chair Laura McDowall, an Akron consumer attorney, said a referendum would finally offer Ohioans the chance to weigh in on the legislation.
"The law was passed during a lame duck session with absolutely no opportunity for public input," she said. "This referendum campaign is our attempt, the citizens' attempt to allow the people to express what they think about this law."
\n\u003cp\>Gathering the necessary 241,366 valid signatures in the truncated 60-day time frame would be an "incredibly tall order," she allowed. While the Supreme Court technically allowed the standard 90-days, justices started the clock on Aug. 1, the day the court overturned Gov. Strickland's veto of the measure that former Gov. Bob Taft wanted to become law without his signature. We are doing our best to get this done within the timeframe allowed by the Ohio Supreme Court," Ms. McDowall said. "We believe we should have been entitled to the full amount of time that the constitution provides, but we are going to do everything in our power to meet the deadline." The statute (SB117, 126th General Assembly) was intended to block municipalities from filing public nuisance lawsuits against manufacturers to pay for removal of hazardous lead paint from older residential buildings. It also limits damages amounts that juries may award under the Consumer Sales Practices Act," Ms. McDowall said. "The limits on consumer protection damages will basically give dishonest businesses a green light to cheat all they want."The Secretary of State's Office will verify the initial filing contains at least 1,000 valid signatures. The Attorney General's Office is charged with certifying whether the summary of the law is accurate. If the group then successfully collects the required 6% of the total vote cast during the last gubernatorial election, the issue will be placed on the November 2008 ballot. \n\u003c/p\>\n\u003cp\>Meanwhile, the law is still in effect until the coalition files the second round of petitions, according to the Secretary of State's Office.

Consumer Advocates to Pursue Referendum on Lead Paint href\u003d\http://www.yourohiorights.org/\


Gathering the necessary 241,366 valid signatures in the truncated 60-day time frame would be an "incredibly tall order," she allowed. While the Supreme Court technically allowed the standard 90-days, justices started the clock on Aug. 1, the day the court overturned Gov. Strickland's veto of the measure that former Gov. Bob Taft wanted to become law without his signature. (See Gongwer Ohio Report, August 1, 2007)
"We are doing our best to get this done within the timeframe allowed by the Ohio Supreme Court," Ms. McDowall said. "We believe we should have been entitled to the full amount of time that the constitution provides, but we are going to do everything in our power to meet the deadline."
The statute (SB117, 126th General Assembly) was intended to block municipalities from filing public nuisance lawsuits against manufacturers to pay for removal of hazardous lead paint from older residential buildings. It also limits damages amounts that juries may award under the Consumer Sales Practices Act.
"It is a terrible law," Ms. McDowall said. "The limits on consumer protection damages will basically give dishonest businesses a green light to cheat all they want."
The Secretary of State's Office will verify the initial filing contains at least 1,000 valid signatures. The Attorney General's Office is charged with certifying whether the summary of the law is accurate. If the group then successfully collects the required 6% of the total vote cast during the last gubernatorial election, the issue will be placed on the November 2008 ballot.
Meanwhile, the law is still in effect until the coalition files the second round of petitions, according to the Secretary of State's Office.

Consumer Advocates to Pursue Referendum on Lead Paint Bill
http://www.yourohiorights.org/


Why This Is A Bad Law
http://www.yourohiorights.org/why-bad.html

Take Action! Circulate A Petition!
http://www.yourohiorights.org/what-to-do.html

Contribute
http://www.yourohiorights.org/contribute.html

This web site is sponsored byPaid for by Voters Empowered To Overturn SB 117, Mark McGinnis, Treasurer, 550 East Walnut Street, Columbus, Ohio 43215