Innovation Ohio

What you need to know about Ohio Politics and Policy

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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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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Statehouse Preview: Fairness Act Supporters Get Key Hearing

This week, lawmakers will hear from supporters of the House version of the Ohio Fairness Act (HB369). The bill would prohibit discrimination in housing and employment on the basis of sexual orientation and gender identity. Hundreds of Ohioans are expected to submit in-person or written testimony on Tuesday in which they will lawmakers to end Ohio’s system of legal discrimination once and for all. 

Take one minute to use our advocacy tools to send a letter to your lawmakers in support of the Ohio Fairness Act.


House committees will also hear from sponsors of two new pro-gun proposals this week. House Bill 425, which eliminates the duty to inform law enforcement officials of the presence of a concealed weapon and House Bill 178, which would effectively allow concealed weapons anywhere without a permit will receive sponsor testimony. 

New Legislation
Below is one bill that was introduced last week that we’ll be keeping an eye on in the coming months:


SB 262 (Williams) – Charter/Voucher Funding – to require the direct payment of state funding to community schools and science, technology, engineering, and mathematics schools; to require the direct payment of K-12 state scholarships; and to make an appropriation.

>> You can monitor the status of all the bills we are watching here.

Statehouse Preview: November 13

With the election behind us, the lame duck legislature is here. The six-week session that starts today is already shaping up to be eventful and potentially consequential. Today we’ll focus on the significant bills that are likely to move this week. You can revisit our last update for a run-down of other bills that are positioned to move quickly over the next six weeks. The stakes are not as high as they would have been were a Democrat be set to take the Governor’s chair in January. However, Republicans may want to help the new Governor avoid expending political capital on controversial measures, potentially setting the stage for passage of more extreme proposals like Stand Your Ground and the Heartbeat abortion ban now rather than waiting until January. Any bill not on the governor’s desk before the two-year session comes to a close will need to be reintroduced and start the legislative process all over again in January. Here’s what we’re watching on the Statehouse agenda this week:

Tuesday, November 13

House Bill 53 (Becker) – Public Sector Union Dues: So-called ‘Right-to- Work’ legislation that would allow public employees to work in unionized workplaces without actually joining the union or paying regular union dues, making it more difficult for workers to form unions and collectively bargain for better wages, benefits, and working conditions. The bill will be heard by the House Finance Committee for sponsor testimony.
House Bill 119 (Henne, McColley) – Nutrition Assistance and Medicaid: Imposes new eligibility requirements on recipients of food assistance and Medicaid. The bill will receive a fourth hearing for all testimony in Senate Health, Human Services & Medicaid.
House Bill 240 (Patmon) – Respect Your Date Act: Designates the month of April as “Respect Your Date Month” and requires each state institution of higher education to adopt a policy regarding dating violence, domestic violence, sexual assault, stalking, and rape on campus. The bill is up for a sponsor hearing in Senate Education.
House Bill 619 (Antani) – Pregnancy Misinformation and Coercion Act: Mandates the State Board of Education and Department of Health to develop curriculum for public high schools about fetal development for the “purpose of achieving an abortion-free society.” The House Education & Career Readiness Committee will hold a first hearing on the bill for sponsor testimony.
House Bill 758 (Antani) – Campus Speech: would subject public college and university trustees to legal penalties for denying the use of facilities to groups or individuals except in a narrow set of exceptional situations. The House Higher Education and Workforce Development committee will hold a first hearing for sponsor testimony.
Senate Bill 207 (Kunze) – Strangulation: Expands the offense of felonious assault to include the acts of strangulation or suffocation. The Senate Judiciary Committee will hold a fourth hearing on the bill for all testimony and a possible vote.
Senate Bill 251 (Schiavoni) – Private Images: Prohibits the nonconsensual dissemination of private sexual images, also known as ‘revenge porn.’ The bill will also create certain legal rights and employment protections for victims of such an offense. The Senate Judiciary Committee will hold a first hearing on the bill for sponsor testimony.

Wednesday, November 14 

House Bill 33 (Patmon) – Firearm Storage: Would prohibit leaving an unsecured and operable firearm in a residence where a minor child could gain access. The bill is up for a first hearing in House Government Accountability & Oversight for sponsor testimony.
House Bill 228 (Johnson, LaTourette) – Stand Your Ground: This measure would allow armed individuals to use deadly force instead of walking away when it is safe to do so. The bill also shifts the burden to prosecutors to prove beyond a reasonable doubt that a shooter did not act in self defense. The bill would also effectively allow for the carrying of concealed weapons without a permit by making it a minor misdemeanor. It additionally prohibits Ohio communities from enacting gun legislation, further eroding local control over gun violence prevention standards. The bill is up for a vote by the full House at its 1:30 pm session.
House Bill 425 (Antani, Craig) – Body Cameras: Defines specified portions of peace officers’ body-worn camera recordings and the infrastructure records of public schools as not subject to Ohio’s public records laws. The bill is up for a first hearing in Senate Government Oversight & Reform for sponsor testimony.
Senate Bill 250 (Hoagland) – Critical Infrastructure. To increase criminal and civil penalties for protests that take place on so-called “critical infrastructure facilities.” The bill is up for a third hearing and opponent testimony in Senate Judiciary.

Thursday, November 15

House Bill 402 (Hill) – Telephone Deregulation. Would effectively deregulate landline telephone service in Ohio, allowing for a weakening of customer service standards, more frequent price increases and reduced access to basic landline service at the provider’s discretion. The bill is up for a first hearing in Senate Public Utiities for sponsor testimony.
House Bill 563 (West) – Firearm Sales. To prohibit a licensed firearms dealer from transferring a firearm while a background check is pending unless 30 days have elapsed from the date the background check was requested. The bill is up for a first hearing in House Federalism and Interstate Relations.
More Information about This Week’s Agenda
We will be tracking any new updates and sharing timely legislative updates on significant legislation on Twitter using the #LameDuckOH hashtag. Follow us to stay up-to-date on what’s happening at the Statehouse.
TAKE ACTION: House Bill 258, a sweeping new abortion ban, would ban any abortion as early as six weeks – at a time before most women even know that they are pregnant, effectively eliminating abortion access in our state.
Ohioans deserve access to safe, legal abortion care in their community without interference from anti-abortion extremists.
 
The bill is up for a House vote on Thursday, November 15. Can you contact your State Representative and ask them to oppose HB258 today?

Ohio 12 On The Issues: Guns

Ohio is the battleground for the nation’s next Special Election for Congress, and gun safety is on the ballot. On August 7, voters in seven Ohio counties will choose between two candidates with very different approaches to how and whether government can act to reduce gun violence.

In Their Own Words

Troy Balderson, Republican

“We have seen some unimaginable tragedies in our country caused by people who have no absolutely no regard for the law. I do not believe that banning or regulating guns from law-abiding citizens will do anything to end gun violence. We must address mental health and devote resources to identify and treat individuals with mental health problems. While I am supportive of arming teachers, that decision should be left up to individual school districts – not decided as blanket federal policy for the entire nation.” (Columbus Dispatch, July 27)
Troy Balderson

Danny O’Connor, Democrat

“I grew up in rural Ohio, and I appreciate the sportsmen tradition of our state. I support banning bump stocks, implement universal background checks, and an assault weapons ban. I have been given the recommendation of Moms Demand Action in this campaign.” (Columbus Dispatch, July 27)
Danny O’Connor

On Red Flag Laws

Balderson – “‘I would not take anybody’s guns’ he said, including those who, after obtaining a gun, are found to have a mental health issue. ‘If they’re licensed and lawfully allowed to have a gun, we can’t go confiscate it.'” (Columbus Dispatch, July 2) O’Connor – “‘Red flag’ laws, why don’t we have them? If someone who commits domestic violence wants a gun, they should be denied. Why don’t we have a ban on people on the no-fly list from owning firearms?” (Columbus Dispatch, July 2)

Voting Record

As a state lawmaker, Balderson has taken some key votes on gun legislation in the Ohio Senate. O’Connor, as Franklin County Recorder, does not have a voting record on the issue. Guns in Bars – In 2011, Balderson voted for Senate Bill 17, making Ohio one of the handful of states that allow concealed firearms to be carried into places where liquor is served, including bars, sports arenas and nightclubs. [Ohio House of Representatives. Journal. p. 812. 6.15.11.] [Cleveland Plain Dealer. Guns in bars bill passes Ohio House, Senate concurs, Gov. John Kasich to sign it. 6.16.11.] Guns in Daycares, College Campuses – In 2016, Balderson voted for Senate Bill 199, which opened up daycares and college campuses to the carrying of concealed weapons. [Ohio Senate. Journal. p.2000. 12/8/16.][Cleveland.com. John Kasich signs bill to allow concealed carry at colleges, daycares, plus 16 other bills. 12/19/16.]

Endorsements

Balderson – NRA, Buckeye Firearms Association O’Connor – Moms Demand Action Gun Sense Candidate, Giffords Courage
>> Return to our District 12 Special Election Resources Page

Statehouse Preview: Week of June 4

Back in Business

This week, lawmakers are back at it, with the logjam in the House expected to finally break with a Wednesday vote (scheduled for 1:30pm) to name a new House Speaker. Representatives are set to return on Thursday to vote on the backlog of bills that are awaiting action in the chamber. That’s good news and bad news. As we noted last week, it means important legislation–payday lending reform, campus sexual assault policies, textbook taxes and more–can finally move. It also means that some very harmful legislation may also be advanced to the Senate or even the Governor. Here’s a short list of what we’re watching for:

Bills Awaiting House Action

  • SB28 – Fetal Tissue Disposal; this bill, which would require burial or cremation of fetal remains resulting from abortion (but not miscarriage), has already passed the Senate. With House approval, it could become law with Governor Kasich’s signature.
  • HB402 – Telephone Deregulation – this bill to loosen regulation of the state’s landline telephone providers would allow for rate increases and could result in loss of affordable service for senior and low-income households and coverage for rural customers.
  • HB258 – 6-week (“heartbeat”) abortion ban – would prohibit abortion as soon as a fetal heartbeat is detected, often as early as six weeks of gestation, before most women know they are pregnant.
  • HB228 – Stand Your Ground – a sweeping reform of Ohio’s gun laws, this bill would eliminate the “duty to retreat” before using deadly force, and would also outlaw local ordinances aimed at reducing gun violence, subjecting local communities to civil lawsuits.
For a full list of bills and their status, view the Legislative status report

On The Agenda This Week

Committees will see a lot of activity, with several bills up for a committee vote: The Senate Government Oversight and Reform committee will hold a hearing tomorrow at 9:45am on three gun safety reform measures, including SB279, a proposal from Senators Tavares and Sykes to require the safe storage of firearms when a person reasonably should know that a minor child is able to gain access to the weapon. The Senate Energy and Environment committee will hear testimony on an amended version of HB114, a compromise that would retain but weaken Ohio’s renewable energy and efficiency mandates. An alliance of 20 organizations sent a letter last week to the Senate President asking them to protect Ohio’s renewable standards To see the full line-up of bills being heard this week, check out: House committee schedule Senate committee schedule As was made painfully clear by the tragic school shooting in Santa Fe, Texas, firearms need to be stored safely to prevent access by minor children. Ohio is one of just 23 states without a so-called Child Access Prevention law. Contact your lawmakers and urge them to support hearings and a vote on SB279 and its companion, HB33 which could help to prevent needless gun violence and harm. Find your State Representative< Find your State Senator
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Statehouse Preview: Week of April 16

In a relatively quiet week after last week’s turmoil, we’re watching three bills moving at the Statehouse.

Stand Your Ground

On Tuesday at 3pm, the House Federalism and Interstate Relations committee will hold its second hearing in two weeks, and 5th overall, on Representatives Johnson and LaTourette’s  House Bill 228, a wide-ranging bill to change Ohio’s gun laws, the most notable change being the creation of a so-called “Stand Your Ground” provision. Last week’s hearing featured committee Republicans accepting an amendment to the bill that added a ban on “straw man” third party purchases. The bill also eliminates certain penalties for illegal carry, signage requirements at certain no-carry premeses, and the responsibility of permit holders to keep hands in plain sight when encountering police in a motor vehicle. A previously scheduled vote on the measure has been cancelled, but the committee has invited the public to testify. HB228 Bill analysis (original version) HB228 Comparison document (comparing the committee’s amended bill to prior amended version)

Payday Lending

Last week, with a rumored FBI investigation over lawmakers’ interactions with representatives of the payday lending industry swirling, a proposal (HB123) to crack down on predatory payday lending practices was scuttled by the House Government Accountability and Oversight committee. This week the bill, and a proposed “compromise” negotiated by acting Speaker Kirk Schuring that advocated what has been called “watered down” reform, is back and again scheduled for a vote at the committee’s Wednesday meeting >> Read more about the recent history of payday lending reform efforts

Police Incidents

Finally, a bill introduced more than a year ago, Senate Bill 13 from Senator Tavares will get its first hearing in the Senate Local Government, Public Safety and Veterans Affairs. The measure grants individuals the right to lawfully record any incident involving a state or local law enforcement officer and to maintain custody and control of that recording and the recording device
Complete House committee schedule Complete Senate committee schedule
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2018 Gun Laws in Ohio: Quick Reference Guide

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Ohio At A Glance

The Giffords Law Center awarded Ohio with a ‘D’ letter grade for 2018. This landed the state at 22nd on both the national gun law strength and gun death rank scales. The state also came in at a 13.7 gun death rate per 100,000 people average, above the national average of 11.9. The Center notes that, while the state did pass some effective legislation as it pertains to guns in 2018, state lawmakers have still failed to take any initiative to implement many otherwise basic measures.

How Can One Purchase a Gun in Ohio?

Ohioans have three distinct options for purchasing guns in Ohio:

  1. Authorized private dealers: Federal law requires these private businesses to obtain a license through the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) in order to sell firearms. Ohio issues no state-specific license or permit. 
  2. Private purchases: Though Ohio prohibits the selling, lending, giving, or furnishing of a gun to a person prohibited by law of having one (as well as the possession of a gun with the intent to dispose of it in violation of one or more of these referenced acts), the state does not require a federal background check for the purchaser in a private transfer. All applicable age and trafficking-related laws are still enforced. 
  3. Gun shows: Ohio has no specific laws regulating gun shows. All relevant laws guiding private purchases (see above) are still applicable.


Ohio Currently Has the Following Relevant Laws:

Note: This list does not comprehensively lay out every single gun-related law in Ohio Revised Code, but rather, is meant to provide a high-level glance at guns in the state. If interested, please refer to Ohio Revised Code for all further inquiries and/or questions:

  • Concealed carry: Ohio is a “shall issue” state, meaning that local law enforcement must issue a permit for an individual to carry a handgun so long as said individual meets certain qualifications, one of which includes a comprehensive safety and training course. Permits issued on or after March 14, 2007 last for a duration of five years before needing renewal.
  • Locking devices: Similar to federal law, Ohio requires that, when selling any firearm, a federally-licensed firearms dealer must offer for sale a trigger lock, gun lock, or gun locking device that can be used with the firearm being purchased
  • Minimum age: Ohio law prohibits the purchasing of a firearm by anyone under 18 years of age, as well as the selling or furnishing of a firearm to anyone under 18 years of age. Ohio law also prohibits the purchasing of a handgun by anyone under 21 years of age, as well as the selling or furnishing of a firearm to anyone under 21 years of age. Only federal age restrictions for the possession of a firearm apply in Ohio.
  • Prohibited persons: Ohio prohibits the sale and possession of firearms to individuals falling into one (or more) of several categories, including:
    • 1. Fugitives from justices
    • 2. Individuals under indictment for or convicted of any violent felony offense, or who have been adjudicated a delinquent child for an offense that would have been a violent felony offense if the age requirement was met
    • 3. Individuals under indictment for or convicted of any felony drug offense, or who have been adjudicated a delinquent child for an offense that would have been felony drug offense if the age requirement was met
    • 4. Individuals that are alcohol or drug dependent, or in danger of becoming so
    • 5. Individuals under adjudication for mental incompetence or as a mental defective, committed to a mental institution, committed to a mental institution by court order, or involuntarily mentally ill
  • Trafficking: Ohio penalizes those individuals who personally alter/remove any identifying marks on a firearm, as well as those individuals knowingly possessing and/or having reasonable cause to believe that a firearm that they possess has had these identifying marks altered/removed

Ohio Currently Lacks the Following Relevant Laws:

Note: This list does not comprehensively lay out every single gun-related inaction that is not present in Ohio Revised Code, but rather, it is meant to provide a high-level glance at guns in the state. If interested, please refer to Ohio Revised Code for all further inquiries and/or questions:

  • Minimum age: Ohio does not restrict the minimum age for possessing a firearm.
  • Multiple firearms: Ohio has no law prohibiting the purchase or sale of multiple firearms at once.
  • Open carry: Ohio does not restrict the carrying of unconcealed, loaded firearms in public.
  • Prohibited persons: Ohio has no law for seizing firearms from those individuals who are no longer legally able to possess them.
  • Retention: Ohio has no law requiring the retention of background or sales records, and does not require either such thing to be reported and/or retained at any local or state agency.
  • Trafficking:
    • Ohio does not penalize a firearms dealer for failing to conduct a federally-mandated background check on a purchaser.
    • Ohio does not prevent an individual from giving false evidence and/or information about their identity during the purchasing of a firearm.
  •  Waiting period: Ohio has no such laws governing any such thing.

So, What Did 2018 Look Like?

Nationally-speaking, 2018 was a stand-out year in recent memory for gun control legislation at the state level. The Giffords Law Center reported that more than half of all states in the United States passed at least one bill pertaining to gun control. In total, they reported that 69 gun control measures were passed by the states, more than any given year since 2012. And yet, nine restriction-loosening bills were still passed around the country. Action, or rather, complete inaction, at the federal level, remains another issue entirely.

Turning to Ohio, specifically, the Ohio General Assembly and former Governor John Kasich fought frequently throughout the year over several gun-related measures. Perhaps the most notable of these fights happened during the lame duck period over a “Stand Your Ground” bill (i.e. House Bill 228) that was introduced, vetoed, and later passed via veto override as a more watered down version of its original self. The bill shifts to the state the burden to prove beyond reasonable doubt that a person charged with an offense that involved the use of force against another did not use that force in defense of self, in defense of another, or in defense of that person’s residence. It also expanded the circumstances under which a person has no duty to retreat in defense of self, in defense of another, or in defense of the person’s residence, as well as reducing certain concealed handgun offenses to minor misdemeanors, and eliminating the mandatory posting of signs that warn against the conveyance of a deadly weapon and/or dangerous ordnance on a specific premises. Other bills that passed included House Bill 79 and Senate Bill 81, which respectively allow for tactical medical professionals to carry firearms while on duty, and allow for veterans to forego the civilian training requirements during the concealed carry permit process. A number of other bills all failed to make it past the committee stage of the legislative process.

More info: Learn About Ohio Gun Reform Bills You Can Support

Source(s): The Giffords Law Center, The New York Times, WOSU Public Media

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