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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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:

On the Agenda: COVID-19, Education Funding and More

Back from the Thanksgiving holiday (and without a mask mandate in the Statehouse), Ohio lawmakers have another packed week of committee hearings and floor votes as they attempt to wrap up the 2019-2020 legislative session.

On the agenda include more bills to strip power from the Governor to control the pandemic, Stand Your Ground, abortion restriction, school funding reforms, and the repeal of HB6.

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

Full House Committee Schedule

Full Senate Committee Schedule

Ohio Channel Broadcast Schedule

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 796 (Koehler) – Stand Your Ground – to expand the locations at which a person has no duty to retreat before using force under both civil and criminal law.

Senate Bill 383 (Johnson) – Stand Your Ground – to enact the Ohio Duty to Retreat Act providing an expansion of the locations at which a person has no duty to retreat before using force under both civil and criminal law.

Senate Bill 387 (Burke) – 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.

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. 

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Lawmakers Mostly Inactive As Summer Break Begins

A photo of the Ohio Statehouse with a blue overlay. Text reads "Statehouse Preview" with Innovation Ohio's logo in an orange box in the bottom center of the image.

We didn’t send an update last week as the House and Senate both began what is likely to be months-long summer break. This week, the Senate returns briefly on Wednesday to vote on bills and hold a handful of committee hearings, the highlights of which we’ll note below. 

The House is not currently scheduled to return until after the November election but has set aside a few “if needed” dates in September.

Newsletters will be infrequent for the next several months – we’ll only send a dispatch if legislative hearings or sessions are scheduled. You can always view the full legislative calendar online.

New Legislation This Week 

Here are 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 and Events

Wednesday, June 24

Lame Duck Lawmakers Pass Government Shutdown Bill

closed_crop Overview Senate Bill 329, a little-noticed bill rushed through the recent lame duck session, could have disastrous consequences if allowed to become law. Without a veto from Governor Kasich, SB 329 would effectively allow for the dissolution of state government departments, potentially throwing thousands out of work and open the door to privatization, while threatening the effective continuation of public services and programs that provide for the state’s economic vitality and competitiveness. How it Would Work Under SB329, Gubernatorial Departments would be required to make an affirmative case every four years to justify their continued existence, involving a time- and resource-intensive process. Agencies would be required to review and report on the legal justification of rules and procedures, potential for privatization, conduct a multi-year analysis of cost effectiveness, and benchmark all regulations against other states. Creates Chaos Not Reform
  • The extensive reviews mandated for Departments every four years would be time and resource intensive, and duplicate reviews already performed by the Auditor of State, JCARR, and the Governor’s Common Sense Initiative Office.
  • Nothing in the legislation would eliminate burdensome rules or regulations, it merely provides for the elimination of Departments currently empowered to oversee them.
  • Without an affirmative act of the legislature to keep departments open, state rules, licenses, and contracts would remain in effect, raising significant questions about how the executive branch could continue to carry out its obligations under Ohio law. The bill permits, but does not require the legislature to transfer these obligations to other departments.
Dangerous
  • Many programs that Ohioans rely on, including vital education, public safety, and other essential services would be put at risk, with no provisions to ensure these functions continue after closure of a cabinet department.
  • By closing departments that carry out essential functions, the proposal could put Ohio into conflict with federal requirements, and may violate parts of the state Constitution, such as the obligation to establish and maintain a workers’ compensation program.
  • By forcing the review of 25 cabinet agencies every four years, the legislation could consume much of the legislature’s oversight capacity and put essential services at the mercy of an already slow legislative process.
Tilts the Balance of Power to One Party, Branch of Government
  • Empowers the legislative branch by eliminating a future check on its authority by the executive branch; the bill’s automated future elimination of departments by the failure of the legislature to act would provide no opportunity for the executive to exercise its veto authority.
  • Empowers the majority party to appoint members of standing committees, postpone reviews, and, ultimately, to continue operation of a government department without bipartisan support.
  • Protects today’s and future legislators from blame by eliminating departments automatically, without an affirmative act of lawmakers required.
Unnecessary and Ineffective
  • The arguments in favor of the proposal (to review, modernize, and eliminate unnecessary regulation) are all currently served by existing functions of the general assembly;
  • Meanwhile, the claim that unneeded or overly technical licensing law creates a burden is not served by the legislation which would not eliminate any rules or licenses either in SB 329 or through the expiration of statutes creating Departments.
Represents a Right-Wing Wish List
  • Without eliminated government departments and staff, executive would have little option other than to employ private contractors to carry out essential health and safety functions (police, fire, etc.).
  • Elimination of cabinet agencies would reduce the significance of the state as a public sector employer, weaking the power of its employee unions.
  • The departmental review process emphasizes market-based solutions, such as private credentialing, wherever possible as an alternative to state regulation and licensing.
  • Straight from the Conservative Playbook. Similar measures have been proposed by right-wing lawmakers in a number of states and in Congress.
  Take Action Call Governor Kasich at 614-466-3555 to ask him to veto this bill

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