Innovation Ohio

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Lame Duck Season Starts

Lame Duck: The perfect time to sign up for our Statehouse Update Newsletter

Today, the Statehouse will see a number of hearings as the 133rd General Assembly kicks off the first week of its always-interesting Lame Duck session. Lame Duck is a colloquial name for the period of time between the general election and the end of the year when a new legislative term starts.

For this two month stretch, term-limited lawmakers and those who lost their bids for reelection are effectively “lame ducks,” on the way out the door. It’s often a time when lawmakers rush to pass priority bills before time runs out at the end of a term, but also is when we tend to see some of the most extreme proposals enacted. Recent examples include restrictions on local minimum wage increases and the 6-week abortion ban.

Lame Duck requires close watch by statehouse activists.

Most of what is on the agenda this week is uncontroversial, as committees work to clear the deck of bills that have been introduced but not yet heard in committee.

Two proposals up for hearings, however, are priorities for legislative leadership and merit careful monitoring: a school funding overhaul in the House Finance Committee and a Senate bill to repeal House Bill 6, the bailout of failing nuclear plants, the 2019 passage of which is the subject of an FBI bribery investigation.

After this week, many anticipate more controversial bills will begin moving. One concern we hear from allies is that conservative lawmakers will enact a full abortion ban in the form of a “trigger law” — one that only takes effect or becomes “triggered” by a ruling of the United States Supreme Court overturning Roe v Wade. In that case, the Ohio law would then take effect.

We will continue to send weekly updates about what’s on the Lame Duck agenda.

New Legislation This Week

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

House Bill 777 (Lang, Perales) – Alcohol Sales – to reinstate the authorized hours of operation for liquor permit premises that existed prior to the state of emergency declared in response to COVID-19 and to declare an emergency.

House Bill 783 (A. Miller) – Election Intimidation – to prohibit any person from intimidating, threatening, or coercing a person for the purpose of interfering with that person’s right to vote in an election.

House Bill 784 (Adams, Carruthers) – Law Enforcement – to increase penalties for certain assault, vandalism, and riot offenses, to allow peace officers to bring civil suits against persons participating in a riot, and to prohibit bias-motivated intimidation of first responders.

Senate Bill 374 (Obhof, Peterson) – Alcohol Sales – to reinstate the authorized hours of operation for liquor permit premises that existed prior to the state of emergency declared in response to COVID-19 and to declare an emergency.

Senate Bill 375 (Hoagland, Schafer) – County Fairs – to void the Director of Health’s July 30th order regarding county fairs and to declare an emergency.

Statehouse Meetings & Events

Tuesday, November 10

10:00 am – Senate Energy and Public Utilities – Informal hearing on HB772 (HB6 Repeal) and 2nd hearing (proponent) on SB346 (HB6 Repeal). Senate Finance Hearing Room or watch online. 

10:00 am – House Finance – 7th hearing (invited testimony, possible substitute) on HB305 (School Funding). Statehouse Room 313 or watch online.  

11:00 am – House State & Local Government – 4th hearing (all testimony, possible amendments & vote) on HB621 (Pandemic Business Closures). Statehouse Room 116 or watch online.  

12:30 pm – House Health – 1st hearing (sponsor) on HB316 (firearm “red flag” orders). Statehouse Room 313 or watch online.  

12:30 pm – House Criminal Justice – 1st hearing (sponsor) on SB3 (Drug Sentencing). Statehouse Room 121 or watch online. 

Get these updates weekly in your inbox when lawmakers are in session. Sign up now for Statehouse Update.

Unfinished Business: Important Bipartisan Reforms Await Legislature’s Return

Several bipartisan proposals — among them gun safety reforms, a fix to Ohio’s out of control private school voucher program and modernization of our voting systems, just to name a few — still await action in the legislature 20 months into the General Assembly’s current two-year term.

The Ohio Senate this week announced that it is canceling its scheduled Session next week, joining the Ohio House in having no plans to return to Columbus in August. Both chambers have tentative plans to conduct business in mid-September, which may represent the last best opportunity for important legislation to be enacted before the election and the end of the legislative term.

Several bipartisan proposals — among them gun safety reforms, a fix to Ohio’s out of control private school voucher program and modernization of our voting systems, just to name a few — still await action in the legislature 20 months into the General Assembly’s current two-year term.

Without action by the end of this year, all progress on these and many other important proposals will be lost, and bills must be reintroduced in January 2021 with the process starting over at the beginning. 

Bipartisan proposals still awaiting action in the legislature:

  • The Ohio Fairness Act, to prohibit discrimination in housing, employment and public accommodations on the basis of gender identity and sexual orientation
  • Ending Ohio’s out-of-control and unsustainable private school voucher program
  • Reform of Ohio’s property wealth-based formula for funding schools
  • Bipartisan gun safety reforms like a red flag law and safe storage requirements
  • Nuclear bailout repeal and restoration of renewable energy and efficiency standards
  • Ending the failed experiment with Academic Distress commissions 
  • Modernizing Ohio’s election system including online ballot requests and automatic voter registration
  • Drug sentencing reform
  • Aisha’s Law

Other pending proposals that haven’t had the attention they deserve:

  • Increasing the minimum wage
  • Creating a paid family and medical leave system
  • Ending the spousal rape loophole
  • Policing reforms

As voters head to the polls, it’s important to press lawmakers for a commitment to return to Columbus to do the people’s work on these and other important proposals.

With an eye toward the November elections, beginning next week we’ll be back with a scorecard evaluating how lawmakers have performed on important votes taken so far in the 133rd General Assembly.

New Legislation This Week 

Below are some of the new bills introduced in the last several weeks since we last sent an update. You can also view the complete list of bills we’re tracking.

  • House Bill 742 (Crossman, Brent) – John Lewis Voter Registration Day – to designate February 21 as “John Lewis Voter Registration Day” and to require the boards of elections to promote that day to encourage voter registration.
  • House Bill 744 (Leland, Brent) – Rental Assistance – to enact the Eviction Crisis Response Act to create the COVID-19 Emergency Rental Assistance Program, to make an appropriation, and to declare an emergency. 
  • House Bill 746 (Lanese, Greenspan) – HB6 Energy Repeal – to repeal the changes made by H.B. 6 of the 133rd General Assembly to the laws governing electric service, renewable energy, and energy efficiency and the changes made to other related laws.
  • Senate Bill 348 (Schaffer, Roegner) – Health Orders – to prohibit local boards of health from using certain threatening words in notifications to the public, to allow local boards of health to reject Department of Health orders during an emergency, to allow health care professionals who serve on a board of health to receive continuing education credit, and to change the makeup of local boards of health.
  • Senate Bill 349 (Fedor) – Campaign Finance – to modify the campaign finance law, to name this act the Ohio Anti-Corruption Act, and to amend the versions of sections 3517.10, 3517.105, and 3517.106 of the Revised Code that are scheduled to take effect January 1, 2021, to continue the provisions of this act on and after that effective date.
  • Senate Concurrent Resolution 17 (Fedor) – Campaign Finance – to urge Congress to pass legislation requiring corporations and labor organizations that make political expenditures to disclose the identities of their donors.

New Report: With Ohio Legislature In Chaos, Frank LaRose Must Act

We’re back with a mid-week update to give you the backstory on Innovation Ohio’s latest analysis, outlining four actions Ohio Secretary of State Frank LaRose can take today to make the November election safer & more accessible.

Ohio Senate Refuses to Pass Bad Voting Bill, Calls For More Hearings on HB680

Now it’s up to Secretary of State Frank LaRose to make sure the November election is safe for all Ohio voters.

In Monday’s update, we wrote about an Ohio Senate hearing and possible vote on a bill (House Bill 680) to move up the deadline to request an absentee ballot in November. The bill would also unnecessarily tie the hands of the Secretary of State, disallowing him from doing a number of things to make it easier to vote by mail. A lot has happened since then.

Many Senators and witnesses, including Sec. LaRose, support the idea to move up the deadline to request a vote-by-mail ballot to ensure mail delays don’t result in voters receiving it too late to return it by the deadline. However, other provisions in the bill — revoking the Secretary’s authority to provide return postage for ballots and failing to explicitly authorize a way for voters to request their absentee ballot online — appear unpopular among Senators on a bipartisan basis, and the Chairman held the bill over for future hearings.

If the Senate makes any changes to the bill, it would need action by the House in order to become law – a 90-day process that already puts us in late October.
On Tuesday, as HB680 was being heard, news broke of a $60 million corruption scandal involving the House Speaker.

Larry Householder has resisted calls to step down and members of his leadership team continue to oppose calls to expel him. Until the House replaces the Speaker — who as a condition of his release on felony charges — cannot travel or be in contact with any potential witnesses in the case — it cannot function to do the work of the people.

Innovation Ohio Calls on Secretary of State Frank LaRose To Act

Read the full report here

In order to have a safe and accessible election, Ohio voters have only one hope left and it’s Secretary of State Frank LaRose. Today we published an analysis showing that the Secretary has the authority, without an act of the legislature, to:

  • Include and pay for return postage on all absentee ballot applications and ballots
  • Allow voters to submit an absentee ballot request online
  • Establish multiple secure drop boxes for absentee ballot return
  • Commit to resist efforts to close polling locations, which only results in longer lines and more crowded indoor spaces

Read our analysis of Frank LaRose’s legal authority to protect the November election

Take Action

Sign All In For Ohio’s petition

Sign the petition

It’s time for LaRose to act with or without the assistance of the legislature. All In For Ohio has created a petition you can sign to send a message to Secretary of State LaRose that our elections are too important to be held up thanks to a dysfunctional legislature. 

Sign the petition today to send a message to Frank LaRose that it’s time to act.

Ohio Passes Nuclear Bailout and Rolls Back Renewable Energy Standards

This week, the Ohio House finished its work on Ohio Bill 6, controversial legislation to bail out two failing nuclear power plants, by holding a vote to concur with Senate changes to the proposal. The vote of 51-38 included 42 Republicans and 9 Democrats voting in support of the proposal, which angers environmental advocates because of how it undermines Ohio’s renewable energy and efficiency standards. The bill was later signed by Governor DeWine. The legislation bails out the Perry and Davis-Besse nuclear power plants by creating a new 85 cent per month fee paid by residential ratepayers on their utility bills. The fund would generate $150 million per year to support the plants, as well as an additional $20 million to fund several large solar installation projects around the state.  Amendments adopted in the Senate would reduce the state’s renewable energy targets down to 8.5% of total energy generation by 2026, well below the 12.5% required in current law, and the standards would disappear beginning in 2027. The measure would also sunset Ohio’s energy efficiency standards after 2026, phasing them out at 17.5 percent of the state’s total generation. Advocates point to provisions that would allow utilities to count cumulative savings toward energy efficiency requirements as rendering the standard useless to incentivizing additional efficiency measures.  State Representative Casey Weinstein noted the questionable strategy of job creation, remarking “we are bailing out a failing corporation on the back of a growing industry. It really blows my mind.” A provision was included to allow utilities to charge ratepayers $1.50 a month to fund subsidies for two coal plants, including one in Indiana, owned by Ohio Valley Electric Corporation. The Senate also authorized the Public Utilities Commission of Ohio to conduct a public audit of First Energy’s finances, and to limit ratepayer fees if it is found that the company does not need all $150 million. Immediately after Governor DeWine signed the bill, opponents announced they would seek to place the proposal on the ballot, putting it up to voters whether to allow it to become law.

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