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Ohio Lame Duck 2022

This week, the Ohio legislature begins its Lame Duck session.

In Ohio, Lame Duck occurs every two years between Election Day and December 31st, before the newly elected legislators are sworn in.

Any bill that hasn’t yet passed must be signed into law by the end of the year. Otherwise, the bill dies and must be reintroduced next term.

Ohio’s Republican Statehouse supermajority often tries to quietly pass their most controversial bills during Lame Duck.

Throughout this chaotic period, we’ll be tracking some of the most important legislation and sending out regular calls to action.

Make sure you’re following Innovation Ohio on social media as well:

We’ll need your help to fight for and against life-altering bills over the next several weeks.

Your calls, emails, tweets, and testimony matter. Your voice matters.

Desiree Tims Condemns DeWine’s Repeated Failure to ‘Do Something’ About Gun Violence

Today, Desiree Tims, President and CEO of Innovation Ohio, released the following statement condemning Governor Mike DeWine’s signature of HB 99, as well as his continued failure to address gun violence in Ohio: 

“Today, as Ohio’s deadly new permitless carry law goes into effect, Governor DeWine has further betrayed Ohio families by signing HB 99 into law.

“HB 99 — which will arm teachers and school staff with hardly any training — is going to have hugely detrimental effects on Ohio’s Black and Brown children.

“It will not make anyone safer. It will place our babies’ lives at greater risk, and Mike DeWine knows it.

“We all know the ‘good person with a gun’ argument is a myth told by the gun lobby to help them sell more guns. America just saw, by watching the devastation unfold in Uvalde, how such a flimsy argument fails in practice.

“Yet Mike DeWine and Ohio’s Republican supermajority ignored teachers, parents, and police to pass HB 99 and please their donors.

“This weekend, I stood with hundreds of neighbors and friends in Dayton to show solidarity with the national #MarchForOurLives rally.

“We’ve been asking Mike DeWine to #DoSomething about gun violence for years. He has repeatedly failed us and our families.

“Shame on Mike DeWine for once again choosing politics over people.

“Shame on him for choosing campaign donations over children’s lives.

“Ohioans will not forget.”

Desiree Tims Condemns DeWine Signature of Permitless Carry Bill

COLUMBUS — Today, Desiree Tims, President and CEO of Innovation Ohio, released the following statement condemning Governor Mike DeWine’s signature of SB 215, allowing concealed carry of firearms without training or permits:

“Governor DeWine and Ohio’s Republican supermajority just passed an anti-life bill that will cause the deaths of Ohio children. They ignored grieving Dayton families and signed away Ohioans’ lives.

“No one asked for this bill. Police, parents, and responsible gun owners alike actively fought against it. But national Republican money once again spoke louder than Ohio values.”

Wrapping Up Lame Duck

Our hopes of seeing the last of the 133rd General Assembly last week were unrealized. A few pieces of unfinished business remain.

Last week, the Ohio House added a “Stand Your Ground” gun amendment to another bill (SB175), and with the agreement of the Ohio Senate on a party-line basis, the bill now goes to Governor DeWine for his signature. The House also sent DeWine a bill (SB27) to require burial or cremation of aborted fetal remains.

DeWine has 10 days, not including Sundays and holidays from the day he receives a bill to veto or sign, or it becomes law.

In unfinished business, a Senate committee last week added a measure (SB317) to allow school districts to arm staff to a bill (HB425) that eliminates the requirement that a concealed carry license-holder notify a law enforcement officer that they are carrying a weapon. The bill, opposed by law enforcement and education groups, has not been reported out of the committee, so its backers may be out of time, but with sessions scheduled for tomorrow, anything can happen.

Another piece of unfinished business is what to do about HB6 — energy legislation passed as part of a $61 million bribery scandal, that eliminated Ohio’s renewable energy standards and subsidizes failing coal and nuclear power plants at ratepayer expense. One option (HB798) would delay the implementation of the law for a year, while another (HB772) would only eliminate portions of the law. House and Senate leaders had planned to spend the weekend negotiating and, if they reach a deal, the language could make its way into either HB264, a water infrastructure bill currently pending in a conference committee (meeting time at the call of the chair, Rep. Wilkin) or HB104, a nuclear power bill pending in the Senate Energy Committee, which is scheduled to meet tomorrow morning at 10 am.

Either bill could be on the House or Senate floor Tuesday. To stay up to date, watch session live streams on ohiochannel.org.

We were wrong last week, but really really hope this is the last update we send in 2020. See everyone in 2021!

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Lame Duck – Gun Hearings Wednesday, Marathon Sessions Thursday

Since our Monday coverage, the schedule has changed a bit and we have more clarity about what the rest of the week will look like.

The House and Senate will each hold their final session of the year on Thursday at 11 am. Expect these to go well into the afternoon or evening with all the measures likely to come up for a vote. It’s safe to assume that the bills scheduled for committee hearings and votes this week will be on the agenda.

In committee action, more gun bills are set to be heard in committees today (HB425, Duty to Notify and HB796 Duty to Retreat).

A conference committee debating a bill to combat theft in office by public officials (Senate Bill 10) may add language to the bill to strip power from the Franklin County Prosecutor to investigate wrongdoing by Statehouse officials, now that a Democrat is set to occupy that office.

A proposal (House Bill 798) to partially repeal HB6 — but keep portions bailing out coal & nuclear plants and eliminate Ohio’s renewable energy standards — will be heard today, but it seems unlikely that will make it to the floor of both chambers this week.

A Senate bill prohibiting medication abortion via telemedicine (SB260) will be on the House floor tomorrow while a House bill to make it harder to sue your employer for civil rights violations (HB352) is likely up for a Senate vote.

Bills likely up for a vote in Senate session Thursday:

Bills likely up for a vote in House session Thursday:

As Always, Guns and Abortion Rule Lame Duck

Still operating without a mask requirement with COVID-19 spreading through the committee rooms and offices, the Ohio House and Senate will meet again this week to finish up the Lame Duck session.

Among the bills on the agenda this week is Senate Bill 260, prohibiting doctors from dispensing of any “abortion-inducing medication” via telemedicine, putting legal abortion further out of reach for Ohioans in many rural and underserved communities. The vote on SB260 comes after lawmakers last week sent Senate Bill 27 to the Governor for his signature. SB27 would mandate the burial or cremation of fetal remains resulting from abortion services–but not miscarriage.

Given all the movement in the past several weeks of proposals to loosen Ohio gun laws, including proposals to eliminate the Duty to Retreat in armed conflicts (also know as “Stand Your Ground”), we’re watching to see what happens with Senate Bill 360, the only gun-related measure on the agenda this week. SB360 would exempt gun stores from mandatory closure in a health emergency, but the bill could get loaded up with amendments as lawmakers run out of time to move legislation separately.

Legislation to reduce penalties for drug possession (Senate Bill 3) is likely to pass, and a bill (Senate Bill 310) originally allocating federal COVID-19 relief is being repurposed as a vehicle to pass a state capital budget quickly. SB310 may also see amendments related to the ongoing COVID-19 pandemic.

We hope this is the last statehouse update we send this year!  Look for us in early 2021 when focus turns to the state budgeting process and a brand new legislative term.

Lame Duck Continues Despite Statehouse COVID-19 Outbreak

Still operating without a mask mandate as at least two lawmakers have tested positive for COVID-19 after attending committee hearings and session, it appears that things are still business as usual at the General Assembly this week. Two days of hearings are scheduled on dozens of bills as the House and Senate work to wrap up the 2019-2020 legislative session.

Ironically — as COVID keeps some lawmakers away from the building — the agenda once again are more bills to strip power from the Governor to control the pandemic. Republicans also seem intent on moving multiple bills that would loosen Ohio gun laws, including proposals to eliminate the Duty to Retreat in armed conflicts (also know as “Stand Your Ground”).

A detailed list of committee hearings we’re watching is provided below, but bills we are watching this week include:

  • Rollbacks of COVID-19 public health orders (SB374 and HB621), elimination of statewide mask mandate (SB387) and changes to testing data requirements (HB624)
  • HB6 repeal (HB798)
  • Stand Your Ground (HB796, SB383) and Concealed Carry (HB425) gun bills. … see “Statehouse Meetings and Events” below for a full rundown of the committee hearings and events we’ll be watching this week

The following bills were introduced since our last update. You can keep an eye on all the bills we’re tracking here.

New Legislation This Week

  • House Bill 798 (Hoops) – Nuclear Subsidies – to delay for one year the charges and payments for nuclear resource and renewable energy credits, and revise certain other laws, enacted by H.B. 6 of the 133rd General Assembly, to amend Power Siting Board law and other electric utility law, to prohibit certain restrictions on solar energy systems, and to declare an emergency.
  • House Bill 799 (Reineke, Lang) – Face Masks – to terminate certain provisions of the “Director’s Order for Retail and Business Compliance for Facial Coverings throughout the State of Ohio,” issued on November 13, 2020, and to declare an emergency.

Take Action to Keep Democracy Open

  1. Tell Senate Leader Obhof and House Speaker Cupp to make virtual testimony available as an option for policy experts and everyday Ohioans to safely participate in committee hearings at allontheline.org/OHTestimony
  2. Copy & share this tweet from your personal account calling for virtual testimony. Or write your own tweet sharing the link to take action at allontheline.org/OHTestimony:

    We want options for virtual testimony at the Statehouse to #KeepDemocracyOpen by making the process
    ✅ Healthy & Safe
    ✅ Transparent & Fair
    ✅ Accessible to all of us!
    ➡️ allontheline.org/OHTestimony

Ohio Legislation Watch: Gun Reform Bills

Below is information on pro-reform bills introduced in the 133rd General Assembly with information about their current status and what you can do to support them. HB 240 (Kelly, Miranda) – Child Access Protection Act HB 315 (Liston) – Suicide Prevention 
  • Summary: Require gun dealers give suicide prevention information
  • Status: Assigned to House Health Committee on 9/24/19.
  • Testimony: Not yet available.
  • Bill Analysis: Not yet available.
  • Fiscal Analysis: Not yet available.
  • What activists can do: Ask Chairman Lipps to schedule a first hearing on HB 315.
HB 316 (Russo, Sweeney) – Extreme Risk Protection Orders (Red Flag Law)
  • Summary: To enact the Extreme Risk Protection Order Act to allow family members, household members, and law enforcement officers to obtain a court order that temporarily restricts a person’s access to firearms if that person poses a danger to themselves or others. 
  • Status: Assigned to House Health Committee on 9/24/19.
  • Testimony: Not yet available
  • Bill Analysis
  • Fiscal Analysis: Not yet available
  • What activists can do: Ask Chairman Lipps to schedule a first hearing on HB 316.
HB 317 (Russo, Sweeney) – Universal Background Checks
  • Summary: To enact the Protect Law Enforcement Act to require a firearm transfer to be made through a dealer, through a law enforcement agency, or pursuant to a specified exception, and to require a background check when a firearm is transferred.
  • Status: Assigned to House State and Local Government Committee on 9/24/19.
  • Testimony: Not yet available
  • Bill Analysis
  • Fiscal Analysis: Not yet available
  • What activists can do: Ask Chairman Wiggam to schedule a first hearing on HB 317.
HB 319 (West, A. Miller) – Local Control
  • Summary: To restore local authority to generally regulate firearms related conduct.
  • Status: Assigned to House State and Local Government Committee on 9/24/19.
  • Testimony: Not yet available
  • Bill Analysis: Not yet available
  • Fiscal Analysis: Not yet available
  • What activists can do: Ask Chairman Wiggam to schedule a first hearing on HB 319.
HB 320 (West) – Firearm Transfers
  • Summary: To prohibit a federally licensed firearms dealer from transferring a firearm while a background check is pending unless 30 days have elapsed.
  • Status: Assigned to House State and Local Government Committee on 9/24/19.
  • Testimony: Not yet available
  • Bill Analysis: Not yet available
  • Fiscal Analysis: Not yet available
  • What activists can do: Ask Chairman Wiggam to schedule a first hearing on HB 320.
HB 335 (Lepore-Hagan, Boyd) – Domestic Violence
  • Summary: To require a person who is subject to a civil or criminal domestic violence temporary protection order to surrender the person’s firearms.
  • Status: Assigned to House Criminal Justice Committee on 9/24/19.
  • Testimony: Not yet available.
  • Bill Analysis: Not yet available.
  • Fiscal Analysis: Not yet available.
  • What activists can do: Ask Chairman Lang to schedule a first hearing on HB 335.
HB 348 (A. Miller) – Protection Orders
  • Summary: To prohibit a person subject to a protection order from purchasing or receiving a firearm for the duration of the order.
  • Status: Assigned to House Civil Justice Committee on 10/01/19
  • Testimony: Not yet available.
  • Bill Analysis: Not yet available.
  • Fiscal Analysis: Not yet available.
  • What activists can do: Ask Speaker Householder to schedule a first hearing on HB 348.
HB 349 (Weinstein) – Firearm Magazines
  • Summary: To generally prohibit a person from possessing a large capacity magazine and to establish a large capacity magazine registry.
  • Status: Assigned to House Criminal Justice Committee on 10/2/19.
  • Testimony: Not yet available.
  • Bill Analysis: Not yet available.
  • Fiscal Analysis: Not yet available.
  • What activists can do: Ask Chairman Lang to schedule a first hearing on HB 349.
HB 354 (Plummer, Swearingen) – Firearms HB 646 (Howse) – Pilot Therapy 
  • Summary: To require Director of Health to establish a pilot therapy program for Cleveland youth and young adults who are at high risk for gun violence
  • Status: Assigned to House Health Committee on 5/27/20.
  • Testimony: Not yet available.
  • Bill Analysis: Not yet available.
  • Fiscal Analysis: Not yet available.
  • What activists can do: Ask Chairman Lipps to schedule a first hearing on HB 646.
HB 647 (Strahorn) – High Capacity Magazines 
  • Summary: Prohibits manufacture/sale of high capacity magazines
  • Status: Assigned to House Federalism Committee on 5/27/20.
  • Testimony: Not yet available.
  • Bill Analysis: Not yet available.
  • Fiscal Analysis: Not yet available.
  • What activists can do: Ask Chairman Becker to schedule a first hearing on HB 647.
SB 19 (Williams) – Extreme Risk Protection Order Act
  • Summary: To enact the Extreme Risk Protection Order Act to allow household members, family, and law enforcement officials to obtain a court order to temporarily restrict an individual’s access to firearms if that person poses a harmful risk to either themselves or others.
  • Status: One hearing held in Government Oversight and Reform Committee on 9/10/19.
  • Testimony: Sponsor Testimony of Senator Williams
  • Bill Analysis
  • Fiscal Analysis: Not yet available
  • What activists can do: Ask Chairman Coley to schedule additional hearings on SB 19.
SB 43 (Antonio, Kunze) – Domestic Violence Firearm Restrictions SB 62 (Thomas) – Semi-Automatic Rate of Fire Restrictions
  • Summary: To prohibit certain conduct regarding a multitude of items (i.e. parts, components, attachments, devices, and accessories) that increase the rate of fire (but that do not convert such weapons into automatic firearms) for semi-automatic weapons.
  • Status: One hearing held in Government Oversight and Reform Committee on 9/17/19.
  • Testimony: Sponsor Testimony of Senator Thomas
  • Bill Analysis
  • Fiscal Analysis: Not yet available
  • What activists can do: Ask Chairman Coley to schedule additional hearings on SB 62.
SB 63 (Thomas) – Firearms Transfers
  • Summary: To require private firearm transfers to be made through a dealer, a law enforcement agency, or pursuant to a special exemption, and to require a background check for such transfers.
  • Status: One hearing held in Government Oversight and Reform Committee on 9/17/19.
  • Testimony: Not yet available
  • Bill Analysis
  • Fiscal Analysis: Not yet available
  • What activists can do: Ask Chairman Coley to schedule additional hearings on SB 63.
SB 64 (Thomas) – Minimum Purchasing Age for Firearms
  • Summary: To raise the minimum purchasing age for firearms to 21 years of age, and to increase the penalties for improperly furnishing firearms to minors.
  • Status: One hearing held in Government Oversight and Reform Committee on 9/17/19.
  • Testimony: Not yet available
  • Bill Analysis
  • Fiscal Analysis: Not yet available
  • What activists can do: Ask Chairman Coley to schedule additional hearings on SB 64.
SB 65 (Thomas) – Gun Show Regulations SB 182 (Thomas, Lehner) – Minimum Purchase Age SB 183 (Thomas, Lehner) – Universal Background Checks SB 184 (Williams, Lehner) – Extreme Risk Protection Order (Red Flag) SB 202 (Thomas, Craig) – Local Authority SB 203 (Thomas, Lehner) – Firearm Transfers SB 221 (Dolan) – Firearms Laws SB 223 (Thomas, Lehner) – Firearms  For a real-time status report on all gun legislation (including pro-gun legislation) pending in the Ohio legislature, check our custom tracker, courtesy of Gongwer News Service. To be updated about weekly and breaking news about important legislation, sign up for our legislative email alerts.

Ohio House Advances Racist “Stand Your Ground” Legislation

While the Ohio Senate this week will take up legislation declaring racism a public health emergency, the Ohio House is taking a far different approach, advancing dangerous Stand Your Ground legislation shown to lead to more violent deaths, particularly among African-Americans.

House Bill 381, up for a hearing in House Criminal Justice Committee Tuesday afternoon, states that “a person who is not engaged in illegal activity has no duty to retreat from a place the person is lawfully present before using or threatening to use reasonable force, including deadly force, in self-defense, defense of another, or defense of that person’s residence.” It would promote the escalation of violent confrontations rather than requiring participants to take steps to de-escalate before resorting to the use of deadly force. Stand Your Ground was the legal justification that resulted in the Florida vigilante killing of Trayvon Martin by George Zimmerman in 2012. House Bill 381 even declares that deadly force is justified “even when an alternative course of action is available.” The nonpartisan RAND Corporation studied the effects of Stand Your Ground legislation in states that have adopted it and found it to lead to higher homicide rates and violent crime. Florida saw a 32% increase in firearm homicides after Stand Your Ground legislation was adopted, and, in African-American communities, firearm homicides increased by 23%.

Last week, members of the Ohio Legislative Black Caucus introduced a resolution to declare racism a public health crisis. The Senate Health Committee will hear the Senate version (SCR14) tomorrow (see below for details on committee times and location), but the House version (HCR31) has not been granted a hearing. House leaders are so tone-deaf that they have chosen to instead push legislation linked to increased firearm-related homicides of African-Americans while Ohioans are literally outside their doors demanding that Black lives be respected and valued. These misplaced priorities must be called out, just as we do when we link arms in the streets, calling for justice and an end to systemic racism.

New Legislation This Week

Here at the new bills introduced last week that we will be monitoring. You can also view the complete list of bills we’re tracking.

Statehouse Meetings & Events

Tuesday, June 9

9:30 am – Senate Health, Human Services & Medicaid – 1st hearing (sponsor & proponent testimony) on SCR14 (Racism) and 3rd hearing (opponent testimony) on SB311 (Health Orders). Senate South Hearing Room or watch online.

10 am – House State & Local Government – 4th hearing (all testimony) on HB671 (Health Orders), 4th hearing (all testimony, possible substitute) on HB624 (COVID-19 Testing), 3rd hearing (all testimony, possible substitute) on HB621 (Business Openings), and 1st hearing (sponsor testimony) on HB649 (Health Orders) and HB618 (Health Orders). Statehouse Room 121 (overflow in Room 122) or watch online.

11:30 am – Senate Ways & Means – 6th hearing (all testimony, possible vote) on SJR3 (Tax Increases). Senate Finance Hearing Room or watch online. 

1pm – House Session – agenda TBD. Watch online.

1 pm – Senate Education – 1st hearing (sponsor) on SB292 (E-School Attendance), 1st hearing (sponsor & proponent) on SB288 (Religious Expression), 3rd hearing (opponent) on HB164 (Religious Expression) and 4th hearing (all testimony, possible amendments) on SB121 (Health Standards). Senate South Hearing Room or watch online.

3 pm – House Criminal Justice – 3rd hearing (opponent testimony) on HB381 (Stand Your Ground). Statehouse Room 017 or watch online. 

3 pm or after Session – House Commerce & Labor – 4th hearing (all testimony, amendments & vote) on HB674 (Liquor Laws) and HB669 (Alcohol Sales). Statehouse Room 121 or watch online. 

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