Innovation Ohio

What you need to know about Ohio Politics and Policy

New Push To Change Ohio’s Ballot Amendment Process

This week, Ohio Representative Kyle Koehler sent a letter to fellow lawmakers seeking cosponsors for a bill he’s introducing to change how constitutional amendments go to the ballot. And like the proposal that was considered during this winter’s lame duck session, it certainly looks as though it will primarily work by making it harder for grassroots citizens groups to put measures on the ballot.

According to Koehler, his bill has several key distinctions from HJR19, namely:

In sum, the Koehler plan would require signatures from more parts of the state, requiring signature gatherers to fan out into 60 of Ohio’s 99 House districts, compared to today’s requirement that signatures be collected in 44 of Ohio’s 88 counties. Additionally, the proposal reduces the number of signatures that could be gathered in Ohio’s biggest population centers by increasing the percentage of the electorate needed in each district, further spreading the work out across the state.

Proposal Makes Citizen Initiatives Harder, Does Nothing to Block Big Money

The full text of the Koehler proposal has not been made public yet, so we don’t yet know whether signature gathering could be carried out over several years as needed to reach the 10 percent requirement, or if signatures would expire after six months as HJR19 required. That distinction could make or break citizen initiatives.

Like HJR19, the Koehler proposal would not stop deep-pocketed special interests from hiring all the signature gatherers they need to meet the 60-district requirement. So, while getting big money out of the game of amending Ohio’s constitution was the rationale behind the lame duck attack on ballot measures, this proposal seems to abandon that argument completely. It simply makes it harder for grassroots groups to succeed.

And while committee members hearing HJR19 seemed to recognize that the best way to keep people from attempting to amend Ohio’s constitution was to make the process of a citizen-initiated statutory change more appealing, this proposal does nothing on that front either.

What Next?

Koehler is currently seeking House consponsors with a deadline of Wednesday, February 6. If you are concerned about the outlines of this proposal, consider reaching out to your State Representative today before they add their name as a cosponsor.

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?

Innovation Ohio Releases New Medicaid Report

FOR IMMEDIATE RELEASE: September 28, 2018

Innovation Ohio Releases New Medicaid Report
Policy report looks at gubernatorial candidates, includes county by county Medicaid numbers

Columbus, OH – Today, Innovation Ohio released a new policy report on what is at stake for Medicaid in this year’s gubernatorial election. The analysis, titled “Healthcare is on the Ballot in Ohio: Medicaid and The Governors Race,” examines the importance of Medicaid and where candidates Rich Cordray and Mike DeWine stand on the program.

The report is online here.

The report looks at new state and county-level numbers, as well as the potential impacts of each candidate’s plans. It also lays out the vital role Medicaid expansion has played in combatting Ohio’s opioid epidemic.

In Washington County, where the next gubernatorial debate will be held, nearly a quarter of the population relies on Medicaid for their healthcare. In neighboring counties in Appalachia, that number rises to nearly a third.

“Healthcare truly is on the ballot this fall,” said Innovation Ohio President Janetta King. “Medicaid is a vital program for all of Ohio, but it plays an outsized role in our Appalachian region. It’s important that voters know how their healthcare could be impacted by each candidate.”

While Cordray has expressed his support for Medicaid, DeWine has laid out plans that would cripple the program. DeWine sued to stop the Medicaid expansion and has expressed support for changes that could risk the healthcare of hundreds of thousands of Ohioans. The report notes that DeWine has still not taken a position on the legislature’s passage of a Medicaid expansion freeze, which Gov. John Kasich vetoed.

Other key findings in the report include:

  • 21% of Ohioans rely on Medicaid for their healthcare. In some counties, this number is as high as 40%.
  • Medicaid expansion has helped to lower Ohio’s uninsured rate from 13.9% to 6% in four years.
  • DeWine’s proposed changes to Medicaid could risk the healthcare of at least 318,000 Ohioans.
  • 59% of Ohio nursing home residents use Medicaid coverage for that service.
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Wage Theft in Ohio Costs Workers $600 Million, But State Offers Little Help

Recent studies show Ohio is among the worst states when it comes to the impact of wage theft, or the practice of paying workers for fewer hours than they worked. When you look at policy decisions at the state level, it’s not hard to see why. The state has all but abandoned its role in enforcing the state’s laws to ensure workers are paid for the hours they work.

Ohio’s Poor Record for Workers

Ohio uses a complaint-driven model of enforcement in which workers must closely monitor their paycheck to ensure they were paid for all their hours, were not forced to work off the clock or denied mandatory breaks, and were paid the overtime for which they are eligible. Enforcement agents respond to their complaints to assess their merits and assess a judgement. Workers who are unaware of their rights or afraid to challenge their employers are unlikely to make a claim, meaning the state is only looking at a fraction of the overall wage theft that takes place.

One recent study found that Ohio ranks 2nd among the 10 largest states for minimum wage violations, and estimates that overall, Ohio workers collectively lose $600 million each year in shorted paychecks due to wage theft.

One reason cited by experts for the high rate of wage theft is that, in the past decade, the Wage and Hour Enforcement unit at the Department of Commerce — responsible for enforcement of wage and hour laws — has been gutted; its already-meager staff was reduced from 12 to just 6. That’s six individuals who are responsible for enforcement of all wage and hour violations in a state in which over 5.5 million people work outside the home for pay. By comparison, Idaho, a state with 1/10th Ohio’s population has five inspectors.

The results are about as poor as you might expect. According to a Cleveland Plain Dealer investigation, just 31 percent of workers who file complaints with the state see them approved by the department. And, even among those lucky enough to have their claims approved, only half of those recover the back pay they were denied. Responsibility for collection is shared by the Department of Commerce and the Office of the Attorney General.

Role of Policymakers

It’s clear that enforcement policy is at least partially to blame. In 2009, a similar review by Policy Matters Ohio found the state resolved cases in favor of workers nearly 65 percent of the time. Since then, the enforcement workforce has been cut in half.

Another factor is a change in policy to waive penalties for employers the first time they violate the law. Researchers at Northwestern University found the number of wage theft cases in Ohio rose almost immediately after that change, signaling that penalties are an effective deterrent.

Lawmakers have not helped. While they have consistently refused to add funding, improve oversight, or extend overtime and minimum wage protections to more workers, in 2017, the Ohio House voted to adopt a measure (HB494) that would exempt certain franchise workers from existing wage and hour protections. It’s worth noting that the 2009 study and the Plain Dealer review earlier this year both found that food service is by far the biggest offender, so exempting franchisees from wage and hour protections would only make the problem worse.

Looking forward

The next Governor can play a big role in ensuring workers get to take home more of what they earn in their paychecks by giving the office of wage and hour enforcement a higher profile, bigger budget and more authority.

Addressing wage theft is just one way to better make work pay for working Ohioans. Read our blog (“10 Ways Ohio’s Leaders Could Increase Take Home Pay for All Ohioans“) for other ideas and check our Winning Economic Agenda for Ohio’s Working Families to review all the ideas we’ve proposed, along with our friends at Policy Matters Ohio, for Ohio’s next Governor to consider.

Lame Duck Lawmakers Pass Government Shutdown Bill

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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

Failure for Half of New Money School Levies This Week

cutsleviesfeatThree of the six new money school levies on Tuesday’s special election ballots failed.

The Midview levy passed with 62% voting in favor of the property tax. The Jackson Center levy passed after failing by only 3 votes in the November election. Waterloo Schools levy passed by just 25 votes, or 50-49%.

The failure of the levies for the Hillsdale, Coventry and Edison districts could result in immediate consequences. Hillsdale may be forced to lay off as many as 19 staff members to close a $1.7 million deficit, and Edison has said it will eliminate busing and close an elementary school.

The three levies that passed will add to the $487 million in new taxes Ohio residents have voted to put into effect since the Kasich budget — which left schools with $1.8 billion less funding — was introduced.

Kasich School Funding Plan Falls Short for Property Poor Districts

Gov. John Kasich released his much-anticipated education plan last week – a plan he once boasted would be the best in the country. Its hallmark was the claim that it would fix Ohio’s disparity in property wealth by having the State pick up the cost to bring all districts up to $250,000 in per pupil valuation on 20 mills – a measure reached by just 4% of Ohio districts on their own.

It sounded great – nearly every district would get more money, and the poorest would get the most. He even received plaudits from many media members.

However, reality has proven otherwise. Looking at Kasich’s own district-by-district runs released yesterday, poor districts actually fare worse than wealthy. According to administration figures, for every dollar going to a kid in the property richest school districts, just 25 cents goes to the property poorest districts.

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The top 1/3 of districts based on property wealth — or the ability to raise money on a mill — fare best under the Kasich plan, when comparing FY15 to FY13.

[Read more…]

More ‘new money’ levies on tap tomorrow in Ohio local schools special elections

Voters in nine Ohio counties will vote on local school levies tomorrow. All of the levies to be considered are requests for new money.

This seems to be the trend in the aftermath of Kasich’s $1.8 billion in cuts to school district funding. We have seen an unprecedented $1.1 billion in new property and income taxes for schools since Kasich’s last budget. On Tuesday, there will be 5 school districts asking for money to use on operating costs in 8 counties. There is also a levy on the ballot in Summit County, but it’s for construction projects so it’s not related to the schools who are struggling to maintain operation.

[Read more…]

Kasich, PUCO have lost their way when it comes to Ohio consumers, businesses

In Gov. John Kasich’s first budget, he slashed the Ohio Consumer’s Counsel in half, laying off 30 employees and severely injuring the agency from fully representing 4.5 million Ohioans against the well-financed utilities. When the top consumer cop asked to meet with the Governor to explain how this would hurt the average person, he refused.

Kasich has since appointed Todd Snitchler to run the PUCO. Snitchler is a former politician with no significant background in public utilities. Snitchler recently gained national attention for using his Twitter account to negatively portray the renewable energy industry and climate science.

But it is not the tweeting that should concern Ohioans. Kasich’s appointees at the PUCO are getting a reputation as not adequately protecting the interests of consumers and businesses, siding all too often with powerful special interests like FirstEnergy.

[Read more…]

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