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LEGISLATIVE UPDATE

130th OHIO GENERAL ASSEMBLY

June 2014

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TABLE OF CONTENTS

BUDGET AND TAXES pp. 5-14

Municipal Tax Reform …………………………………… 1

Tax Expenditure Review …………………………………… 1

Board of Tax Appeals – Small Claims …………………………………… 1

State Operating Budget …………………………………… 2

Tax Expenditure Review …………………………………… 2

Board of Tax Appeals …………………………………… 3

Local Govt. Development Tax Credits …………………………………… 3

Investment/Venture Capital Loan Tax Credit …………………………………… 4

CAT Credit – Charitable Food Donation …………………………………… 4

Vendor Identity Protection …………………………………… 5

JEDD & JEDZ Creation and Fund Use …………………………………… 5

Tax Overpayments …………………………………… 6

Mid-Biennium Budget Review (MBR) …………………………………… 6

MBR – Appropriations/Tax Reform …………………………………… 7

MBR – Workforce Development …………………………………… 7

CAT Rate & Allocation Revision …………………………………… 8

Non-resident Municipal Tax Credit …………………………………… 8

Qualified Reforming Offender Tax Credit …………………………………… 8

Personal Income Tax Reduction …………………………………… 9

Sales Tax Holiday …………………………………… 9

Nonresident No Municipal Tax …………………………………… 10

STATE GOVERNMENT pp. 15-21

Economic Gardening Program …………………………………… 11

Public Records – Online Posting …………………………………… 11

Prison Manufacturing Products …………………………………… 11

Concealed Carry Private Property …………………………………… 12

Ohio Local Government Database …………………………………… 13

Workforce Development Loan Fund …………………………………… 13

Regulatory Reform Update …………………………………… 13

Small/Minority Business Tax Credit/Loans …………………………………… 14

Right-of-way Maintenance Assessment …………………………………… 14

Agricultural Pollution Abatement/Permitting …………………………………… 15

GRF Appropriation Reduction …………………………………… 15

Drug Testing for Welfare …………………………………… 16

Health Club Mandatory Defibrillator …………………………………… 16

Small Business Purchasing Preference …………………………………… 16

HEALTHCARE pp. 22-28

ACA Exchange Navigator Licensure …………………………………… 18

Healthcare Freedom Act …………………………………… 18

Board of Health Mandatory Payment …………………………………… 19

Universal Healthcare …………………………………… 19

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Medicaid Expansion …………………………………… 19

Medicaid Expansion …………………………………… 20

Medicaid Reform …………………………………… 20

Health Care Compact …………………………………… 21

Opioid Addiction Mandate …………………………………… 21

Small Group Mandate Removal …………………………………… 22

HPV Vaccine Health Insurance Mandate …………………………………… 22

Oral Cancer Mandate …………………………………… 23

Telemedicine Mandate …………………………………… 23

Medicaid Reform …………………………………… 23

Hearing Aid Mandate …………………………………… 24

LABOR pp. 29-36

Wage/Sexual Orientation Discrimination …………………………………… 25

Right to Work – Private Sector …………………………………… 25

Right to Work – Public Sector …………………………………… 25

Sexual Orientation Discrimination …………………………………… 26

Mandatory Parental Leave …………………………………… 27

Prevailing Wage …………………………………… 27

Project Labor Agreements (PLAs) …………………………………… 27

Ban the Box …………………………………… 28

Employee Payment Choice …………………………………… 28

Domestic Violence Leave …………………………………… 29

Thanksgiving Triple Pay …………………………………… 30

Prevailing Wage – Schools …………………………………… 30

Internet Account Access …………………………………… 30

Lilly Ledbetter Fair Pay Act …………………………………… 31

Minimum Wage Increase …………………………………… 31

Adult Changing Table Mandate …………………………………… 32

WORKERS’ COMP & UNEMPLOYMENT COMP pp. 37-43

Unemployment Comp Claimant Registration …………………………………… 33

Military Spouse Unemployment Comp …………………………………… 33

Industrial Commission Operating Budget …………………………………… 34

BWC Operating Budget …………………………………… 34

Shared Work Unemployment Program …………………………………… 35

BWC Employer Rate Formula …………………………………… 35

Unemployment Comp Debt Repayment …………………………………… 36

Transportation – Define Employee …………………………………… 36

Employee Definition …………………………………… 36

PEO Reporting Requirements …………………………………… 37

MBR – Workers’ Comp Changes …………………………………… 37

Third-Party Workers’ Comp Claims …………………………………… 38

Illegal Aliens Prohibit Workers’ Comp …………………………………… 38

Police/Fire Workers’ Comp for PTSD …………………………………… 39

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TORT REFORM/CIVIL JUSTICE pp. 44-48

Trespasser Immunity …………………………………… 40

Exemption from Civil Rights Statute …………………………………… 40

Business to Business Right To Cure …………………………………… 41

TiPAC …………………………………… 41

Medical Liability Reform …………………………………… 41

Accessibility Lawsuits …………………………………… 42

False Claims Act …………………………………… 42

Compensatory Damages Assault Cases …………………………………… 43

Patent Trolling …………………………………… 43

Employee Private Password Prohibition …………………………………… 44

ENERGY pp. 49-50

Natural Gas Competition …………………………………… 45

Energy Efficiency Mandate Review …………………………………… 45

Energy Efficiency Mandate Freeze …………………………………… 46

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BUDGET AND TAXES

MUNICIPAL TAX REFORM – House Bill 5 – Sponsored by Representatives Cheryl

Grossman (R – Grove City) and Mike Henne (R – Dayton)

To revise the laws governing income taxes imposed by municipal corporations.

NFIB/Ohio Position: Support – NFIB/Ohio Key Vote

Analysis: House Bill 5 makes numerous changes to Ohio’s convoluted municipal

tax code. With almost 600 different municipalities levying taxes all with varying

definitions, HB 5 aims to create uniformity so a business operating in multiple

jurisdictions knows the rules are the same. HB 5 also establishes a uniform 5 year

net operating loss carry forward allowance, increases from 12 to 20 days in/out

rule and creates a definition for day.

Status: Introduced January 30, 2013. Passed the Ohio House on November 13,

2013, on a vote of 56-41. Pending before the Ohio Senate Finance Committee.

TAX EXPENDITURE REVIEW – House Bill 24 – Sponsored by Representative Terry

Boose (R – Norwalk)

To create a Tax Expenditure Review Committee for the purpose of periodically

reviewing existing and proposed tax expenditures.

NFIB/Ohio Position: Interested Party

Analysis: The state of Ohio has over 130 tax expenditures where an industry,

type of business or individual has an exemption for paying tax on a particular

good, service or product. The state forgoes $7.7 billion annually as a result of

these expenditures. This bill would create a committee to review existing and

proposed tax expenditures to determine the ROI.

Status: Introduced February 5, 2013. Pending before the Ohio House Ways &

Means Committee.

BOARD OF TAX APPEALS SMALL CLAIMS DIVISION – House Bill 46 – Sponsored

by Representative Ron Amstutz (R – Wooster)

To create a small claims division of the Ohio Board of Tax Appeals, to allow for

parties to file a notice of appeal to the Board by facsimile or electronic

transmission using electronic mail, to require the Board to establish a case

management schedule for appeals, and to authorize the Tax Commissioner to

expedite and issue a final determination for residential property value appeals

with written consent of the parties.

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Analysis: The board of tax appeals has a significant backlog currently. The

intention here is to permit property owners to have their appeals heard more

expeditiously recognizing some of the bigger appeals before the BTA are

significantly more complicated. NFIB will monitor and potentially seek to

expand to include not just residential property but claims below a certain

threshold.

Status: Introduced February 12, 2013. Pending before the Ohio House Ways &

Means Committee.

STATE OPERATING BUDGET – House Bill 59 – Sponsored by Representative Ron

Amstutz (R – Wooster)

To make operating appropriations for the biennium beginning July 1, 2013, and

ending June 30, 2015, and to provide authorization and conditions for the

operation of state programs.


Analysis: Contains significant policy changes including a tax reform package

that would allow a 50% deduction on the first $250k of business income for pass-

through entities and a 10% personal income tax cut phased in over three years.

The Ohio Senate added a provision that will allow BWC to move to a prospective

premium payment system for employers giving one-time $900 million premium

forgiveness to state-fund employers. The budget bill also revamps school funding.

Status: Introduced February 12, 2013. Passed the Ohio House April 18, 2013,

on a vote of 61-35 and the Ohio Senate June 6, 2013, by a vote of 23-10. Bill

headed to conference committee. House and Senate concurred on June 27, 2013,

by votes of 53-44 and 21-11 respectively. Signed by Governor Kasich on June

30, 2013.

TAX EXPENDITURE REVIEW – House Bill 81 – Sponsored by Representatives Denise

Driehaus (D – Cincinnati ) and Mike Foley

To provide for the periodic appraisal of the effectiveness of tax expenditures.


Analysis: The bill creates a review committee to study the cost/benefits of tax

expenditures and a list of criteria by which to evaluate. The bill requires an

annual report by the tax commissioner and evaluation of the impact of each tax

expenditure up for review. The bill also requires the same evaluation criteria for

any new proposed tax expenditure introduced in the legislature.

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Status: Introduced February 26, 2013. Pending before the Ohio House Policy &

Legislative Oversight Committee.

BOARD OF TAX APPEALS – House Bill 138 – Sponsored by Representatives Jeff McClain

(R – Upper Sandusky) and Tom Letson (D – Warren)

To make changes to the law governing the Board of Tax Appeals, including

authorizing a small claims docket within the Board, requiring the Board to adopt

rules to manage appeals and operate a mediation program, requiring the Board to

receive notices of appeal and statutory transcripts electronically, providing

pleading standards for appeals to the Board, and expressly authorizing the Board

to consider motions.

NFIB/Ohio Position: Support – Sent a letter of support

Analysis: The bill brings some ease of process changes to board of tax appeals so

small claims can be handled through mutually agreed mediation and allow a

taxpayer to represent his/herself during process. This bill will allow bigger claims

to appear before the full board in hopes of continuing to address the significant

backlog that remains.

Status: Introduced April 3, 2013. Passed the Ohio House May 29, 2013, by a

vote of 95-0. Passed the Ohio Senate on June 26, 2013, by a vote of 31-1.

House concurred on June 26, 2013. Signed by Governor Kasich on July 11,

2013.

LOCAL GOVERNMENT DEVELOPMENT TAX CREDITS – House Bill 219 & Senate

Bill 149 – Sponsored by Representative Jim Butler (R – Oakwood) and Senator

Bill Beagle (R – Tipp City)

To authorize tax credits for contributions of money to economic and

infrastructure development projects undertaken by local governments and

nonprofit corporations.


Analysis: The bill allows community development organizations to apply for tax

credits on behalf of for-profit corporations or pass-through entities for

contributing to a catalytic project (defined as a means an economic development

project or activity undertaken by a community development organization that the

community economic development organization predicts will induce sustainable

private investment in one or more local units of government.) For rural up to 60%

and for others up to 50% tax credit, once project is completed and certified by

DSA.

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Status: Both introduced June 25, 2013. Pending before the Ohio House and

Ohio Senate Ways & Means Committees.

INVESTMENT/VENTURE CAPITAL LOAN TAX CREDITS – House Bill 224 –

Sponsored by Representative Anne Gonzales (R – Westerville)

To repeal section 122.29 of the Revised Code to make various changes to the

administration of the investment tax credit and the venture capital loan loss tax

credit, including the increase of the maximum amount of the investment tax credit

and the venture capital loan loss tax credit and the elimination of the Industrial

Technology and Enterprise Advisory Councils.


Analysis: The bill changes oversight to the Third Frontier Council eliminating

the ITEAC per above. Additionally, the bill increases from $45 to $51 million the

total allowed tax credits for investment tax credit and $20 to $26.5 for the venture

capital loan loss tax credit. NFIB/Ohio monitors all tax credits working to ensure

taxpayers are getting a return on investment and that the tax base is not too far

eroded.

Status: Introduced June 25, 2013. Pending before the Ohio House Ways &

Means Committee.

CAT CREDIT FOR CHARITABLE FOOD DONATION – House Bill 230 – Sponsored by

Representatives Cheryl Grossman (R – Grove City) and Marlene Anielski (R –

Independence)

To authorize an income tax or commercial activity tax credit for businesses that

donate food inventory to charitable organizations.


Analysis: The bill grants a refundable CAT credit of 10% of the total

charitable contribution by a business of food inventory. NFIB/Ohio monitors all

tax credits working to ensure taxpayers are getting a return on investment and that

the tax base is not too far eroded.

Status: Introduced July 11, 2013. Pending before the Ohio House Ways &

Means Committee.

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VENDOR IDENTITY PROTECTION – House Bill 282 – Sponsored by Representative

John Rogers (D – Mentor on the Lake)

To authorize vendors and others required to hold a sales or use tax license whose

business and home address is the same to apply to the Tax Commissioner to keep

such address confidential.


Analysis: The bill allows individuals with a vendor license operating a home

business to keep their address confidential. Helps prevent unwanted/unsolicited

customers from appearing at home address raising security/safety concerns.

Status: Introduced October 2, 2013. Pending before the Ohio House Ways &

Means Committee.

JEDD & JEDZ CREATION AND FUND USE – House Bill 289 – Sponsored by

Representative Kirk Schuring (R – Canton)

To require subdivisions to obtain written approval from owners and lessees of real

property located within a proposed or existing joint economic development zone

(JEDZ) or joint economic development district (JEDD) before approving,

amending, or renewing the JEDZ or JEDD contract, to require that income tax

revenue derived from a JEDZ or JEDD approved, amended, or renewed after the

bill's effective date be used to carry out the JEDZ or JEDD economic

development plan before being used for other purposes, and to institute contiguity

requirements for which subdivisions may create a JEDZ or JEDD.


Analysis: The bill sponsor is clarifying the original intent of his prior JEDD and

JEDZ bill. It requires all owners and lessees of property to give written approval

before proceeding, clarifies that the revenue generated is first to go to intended

JEDD or JEDZ plan, prohibits a legislative authority from changing plan without

property owner approval and that a JEDD or JEDZ must be contiguous to taxing

municipality. This last provision prevents a JEDD or JEDZ from being created

when the partnering municipality is miles away.

Status: Introduced October 8, 2013. Pass the Ohio House February 26, 2014, on

a vote of 86-8. Passed the Ohio Senate May 21, 2014, on a vote of 30-2. House

concurrence on May 28, 2014. Signed by Governor Kasich.

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TAX OVERPAYMENTS – House Bill 402 and Senate Bill 263 – Sponsored by

Representatives Mike Duffey (R – Worthington) and Al Landis (R – Dover) and

Senators Bob Peterson (R – Sabina) and Bill Beagle (R – Tipp City)

To require the Tax Commissioner to notify taxpayers of tax or fee overpayments,

to authorize the Commissioner to either apply an overpayment to future tax

liabilities or issue a refund, and to make an appropriation.


Analysis: The bill is in response to a practice at the Ohio Department of Taxation

that came to light. Overpayments by taxpayers were not being reported to the

taxpayers many times remaining at Taxation for years. The bill requires

notification to taxpayers and a refund or application to future liabilities. The bill

does have a more than $900,000 appropriation to get Taxation’s systems able to

process.

Status: Introduced January 14, 2014 in the Ohio House and Ohio Senate.

House Bill 402 passed the Ohio House March 26, 2014, on a vote of 89-0 and is

pending before the Ohio Senate Finance Committee. Senate Bill 263 passed the

Ohio Senate on February 12, 2014, on a vote of 32-0 and passed the Ohio House

on June 3, 2104, 95-0. Signed by Governor Kasich.

MID-BIENNIUM BUDGET REVIEW (MBR) – House Bill 472 – Sponsored by

Representative Jeff McClain (R – Upper Sandusky)

To make operating and other appropriations and to provide authorization and

conditions for the operation of state programs.


Analysis: The bill contains many policy change provisions including workforce

development, regulatory reform, private-sector mentoring programs, veterans

support and support for mentally ill and addicted. Tax reform proposes to

increase CAT from .0026 to .003, increase tobacco tax by $.60 over two years,

increasing severance tax to offset a reduction in the personal income tax top

marginal rate to 4.88% from 5.421%. Additionally the bill increases the personal

exemption by $1,000 for those earning under $40k and by $500 for those between

$40k and $80k also increases EITC from $5k to $15k. NFIB is in the process of

balloting the membership to determine formal positions on the tax package.

NFIB is generally supportive of the other measures. The bill has been split into

11 different pieces of legislation. House Bill 472 retains the tax reform proposal.

Status: Introduced March 11, 2014. Pending before the Ohio House Ways &

Means Committee.

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MBR – APPROPRIATIONS BILL – House Bill 483 – Sponsored by Representative Ron

Amstutz (R – Wooster)

To make operating and other appropriations and to provide authorization and

conditions for the operation of state programs.

NFIB/Ohio Position: Support

Analysis: The bill took the tax reform package and whittled it down, removing

the CAT increase, the tobacco increase and the severance increase. Using

existing revenues and projected growth, the bill expedites the previously enacted

personal income tax cut by increasing 1.5% instead of 0.5%. Doubles the EITC

to 10% of federal allowance, increases the personal exemption for those with

income under $80,000, and expands the small business pass-through cut up to

75% of first $250,000 in business income for 2014.

Status: Introduced March 18, 2014. Passed the Ohio House on April 9, 2014, on

a vote of 57-35. Passed the Ohio Senate on May 21, 2014, on a vote of 24 – 8.

Conference committee report agreed to on June 4, 2014. Signed by Governor

Kasich on June 16, 2014.

MBR – WORKFORCE DEVELOPMENT – House Bill 486 – Sponsored by

Representatives Nan Baker (R – Westlake) and Gerald Stebleton (R – Lancaster)

To establish the adult career opportunity pilot program; to revise the coordination

of workforce development and economic development programs; to synchronize

the due dates of several reports due from the Development Services Agency, the

Ohio Venture Capital Authority, and the Third Frontier Commission; to revise the

law regarding innovation financial assistance and research and development

financial assistance; and to permit the Director of Commerce, the State Fire

Marshal, and the Ohio Construction Industry Licensing Board to establish

compliance incentive programs.


Analysis: This bill was spun off of the MBR (HB 472). The bill begins the

consolidation process for the 90+ workforce development programs spread across

13 state agencies in Ohio. Additionally, it creates an incentive program for

business licenses from the Ohio Construction Industry Licensing Board through

the Ohio Department of Commerce to keep up to date on

requirements/inspections, etc. The program will allow complying businesses to

receive longer licenses. NFIB/Ohio is interested in seeing the consolidation of

workforce programming, to the extent permitted under federal guidelines, and will

monitor Commerce’s move to extend licensure.

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Status: Introduced March 18, 2014. Passed the Ohio House on April 9, 2014, on

a vote of 92-0. Passed the Ohio Senate on June 4, 2014, on a vote of 23-8. House

concurrence on June 4, 2014. Signed by Governor Kasich.

CAT RATE & ALLOCATION REVISION – House Bill 510 – Sponsored by

Representative Andrew Brenner (R – Delaware)

To reduce the commercial activity tax (CAT) rate and minimum payment

amounts and to reduce the proportion of CAT revenue allocated to the general

revenue fund.


Analysis: The bill would reduce the CAT rate from .26% to .195% by 2019.

Additionally the bill would reduce the amount of CAT to the GRF from 50% to

33.3% and increase the school TPP replacement from 35% to 46.7% and the LGF

TPP from 15% to 20% by 2019.

Status: Introduced April 1, 2014. Pending before the Ohio House Ways &

Means Committee.

NONRESIDENT MUNI TAX CREDIT – Senate Bill 208 – Sponsored by Senator Tim

Schaffer (R – Lancaster)

To require municipal corporations with more than $100 million in annual income

tax collections to provide a tax credit to nonresident taxpayers.


Analysis: Requires municipalities with more than $100 million in annual income

tax to give a credit to nonresident taxpayers the greater of 10% of liability or 2%

of taxable income. The bill only impacts the big three C’s but in a significant

way. Colubmus in particular generates a significant amount of revenue from

nonresidents, who don’t get to vote on proposed rate increases.

Status: Introduced October 17, 2013. Pending before the Ohio Senate Ways &

Means Committee.

QUALIFIED REFORMING OFFENDER TAX CREDIT – Senate Bill 157 – Sponsored

by Senator Charleta Tavares (D – Columbus)

To create a tax credit for the employment of individuals who have been convicted

of criminal offenses.


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Analysis: The bill grants a non-refundable tax credit to employers who employ a

qualified reforming offender defined as individual that has been convicted of a

felony or misdemeanor, was hired within one year of conviction or release from

prison, and is member of family that is at or below 70% of lower living standard.

The credit is graduated based upon number of hours individual was employed.

The bill prohibits claiming of credit if employer received federally funded on-the-

job training monies.

Status: Introduced July 11, 2013. Pending before the Ohio Senate Ways &

Means Committee.

PERSONAL INCOME TAX REDUCTION – Senate Bill 210 – Sponsored by Senator Chris

Widener (R – Springfield)

To provide for a permanent income tax rate reduction of 4% for all tax brackets

beginning in 2014.


Analysis: The bill stipulates a permanent 4% reduction in personal income tax

rates starting in calendar year 2014. NFIB/Ohio has a well-established position of

supporting the eventual elimination of the personal income tax. As the majority

of members are structured as pass-through entities and thus pay their business

taxes at the personal income levels, this tax reduction is a reduction in the tax

small business pays.

Status: Introduced October 22, 2013. Pending before the Ohio Senate Finance

Committee.

SALES TAX HOLIDAY – Senate Bill 243 and House Bill 450 – Sponsored by Senator

Kevin Bacon (R – Minerva Park) and Representative John Patterson (D –

Jefferson)

To provide a three-day sales tax "holiday" each August during which sales of

back-to-school clothing, school supplies, personal computers, and personal

computer accessories are exempt from sales and use taxes.

NFIB/Ohio Position: Support – Sent letter of support to Ohio Senate

Analysis: The bill creates a three day sales tax holiday for back to school

purchases with a cap of $750 on items. Although the bill has a static negative tax

impact a study from UC indicates most sales tax savings is put right back into the

economy through additional purchases on taxable items. This bill further

incentivizes Ohioans to shop at businesses in their state as opposed to online

where sales tax may never be collected and remitted.

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Status: Introduced November 19, 2013 in the Ohio Senate and February 18,

2014 in the Ohio House. Senate Bill 243 passed the Ohio Senate February 26,

2014, on a vote of 30-2 and is pending before the Ohio House Finance &

Appropriations Committee. House Bill 450 is pending before the Ohio House

Ways & Means Committee.

NONRESIDENT NO MUNI TAX – Senate Bill 282 – Sponsored by Senator Kris Jordan (R

– Delaware)

To prohibit municipal corporations from levying an income tax on nonresidents'

compensation for personal services or net profits from a sole proprietorship.


Analysis: The bill prohibits municipalities from levying income tax on

nonresidents’ income and net profits from a sole proprietorship. The bill is meant

to stop the siphoning of tax dollars to both city of residence and city(s) of work.

For many Ohioans they pay money to multiple cities and not all credits offset

other payments resulting in many potential layers of taxation and compliance

costs. NFIB supports comprehensive municipal tax reform that will benefit all

taxpayers on both the income and net profits side. This bill is certainly a step in

that direction.

Status: Introduced February 18, 2014. Pending before the Ohio Senate Ways &

Means Committee.

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STATE GOVERNMENT

ECONOMIC GARDENING PROGRAM – House Bill 259 – Sponsored by Representatives

Michael Stinziano (D – Columbus) and Mike Dovilla (R – Strongsville)

To create a pilot program in the Development Services Agency to provide

technical assistance to eligible businesses and to make an appropriation.


Analysis: The bill creates the economic gardening technical assistance pilot

program to businesses with at least six but not more than 99 employees, with

more than $750k but not more than $25 million in annual revenue. The bill also

requires a verifiable growth in employment by applicants. The program will be

housed at Development Services Agency and provide information on technical

support, advocacy, etc. The bill appropriates $250k annually. NFIB will monitor

the development of this bill and will advocate for consideration of all businesses

not those that meet arbitrary thresholds, while ensuring ROI to the state.

Status: Introduced September 4, 2013. Pending before the Ohio House

Economic Development & Regulatory Reform Committee.

PUBLIC RECORDS ONLINE POSTING – House Bill 321 – Sponsored by Representatives

Mike Duffey (R – Worthington) and Christina Hagan (R – Canton)

To create the DataOhio Board, and to specify requirements for posting public

records online.


Analysis: Requires public records posted online to be easily accessible and

searchable. Additionally creates the DataOhio Board to make recommendations

on consistent accounting, technology and metadata definitional standards. Good

government transparency bill that also aims to find ways to implement same

practices across agencies to recognize efficiencies and data sharing.

Status: Introduced October 29, 2013. Pending before the Ohio House State &

Local Government Committee.

PRISON MANUFACTURING PRODUCTS – House Bill 407 – Sponsored by

Representative Jim Butler (R – Oakwood)

To require the Department of Rehabilitation and Correction to establish a pilot

work program for offenders, to establish and operate the program at repayment,

retraining, and reclamation factories that are not in or on the grounds of a prison

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or jail and permit the Department to establish and operate the program in prisons,

to permit counties to establish and operate local repayment, retraining, and

reclamation factories for certain offenders, to provide for the manufacture of

goods and the sale of the goods manufactured by the pilot work program or local

pilot work program on the open market or the assembly, processing, manufacture,

or repair of components for goods pursuant to contract, to grant a nonviolent

participant one day of credit off the participant's prison term or jail term for each

day the participant productively participates in the program at a repayment,

retraining, and reclamation factory or a local repayment, retraining, and

reclamation factory, and to name this act the "Repayment, Retraining, and

Reclamation Act."


Analysis: The bill creates a pilot program to allow certain incarcerated

individuals to manufacture goods inside DRC facilities to sell on the open market.

The bill stipulates the goods produced must be unique and not manufactured by a

private employer. The bill aims to teach a skill/trade to reduce recividism. NFIB

will closely monitor to ensure that the State of Ohio does not undercut private

businesses by producing a good already in production in the private sector all

while paying prison wages.

Status: Introduced January 21, 2014. Pending before the Ohio House State &


CONCEALED CARRY PRIVATE PROPERTY – House Bill 420 – Sponsored by

Representative John Becker (R – Union Township)

To expand the provision that authorizes any person to store a firearm in the

Statehouse Underground Parking Garage or the Riffe Center Parking Garage so

that it applies with respect to any Capital Square Review and Advisory Board or

Ohio Building Authority parking facility, to authorize a concealed handgun

licensee to store a handgun in a locked motor vehicle in any state or local

government entity's parking facility, to authorize a concealed handgun licensee

who is an employee of a private employer to store a handgun in a locked motor

vehicle in the employer's parking facility, and to amend the versions of sections

2923.126 and 2923.1212 of the Revised Code that are scheduled to take effect on

January 1, 2014, to continue the provisions of this act on and after that effective

date.


Analysis: The bill would require employers to allow licensed conceal carry

holders to keep their firearms in their vehicle on an employer’s private parking

area.

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Status: Introduced January 29, 2014. Pending before the Ohio House Policy &

Oversight Committee.

OHIO LOCAL GOVERNMENT DATABASE – House Bill 507 – Sponsored by


To establish the Ohio Local Government Expenditure Database.


Analysis: The bill requires data reporting on expenditures by all local

governments to the Auditor of State. If the local government does not comply

they are subjected to up to 50% reduction in local government fund. NFIB/Ohio

likes the idea of government transparency, especially at the local level where

access to data is many times limited.

Status: Introduced March 25, 2014. Pending before the Ohio House State &


WORKFORCE DEVELOPMENT LOAN FUND – Senate Bill 1 – Sponsored by Senators

Beagle (R – Tipp City) and Troy Balderson (R – Zanesville)

To create the OhioMeansJobs Workforce Development Revolving Loan Fund, to

create the OhioMeansJobs Workforce Development Revolving Loan Program, to

allocate a portion of casino license fees to finance the loan program, and to make

an appropriation.


Analysis: Bill establishes the OhioMeansJobs workforce development revolving

loan fund. The bill takes $25 million of casino license fees to put toward

workforce development/training programs.

Status: Introduced February 12, 2013. Passed the Ohio Senate on April 17,

2013, by a vote of 33-0. Passed the Ohio House on June 26, 2013, by a vote of

96-0. Senate Concurrence on June 27, 2013, by a vote of 32-0. Signed by

Governor Kasich on July 11, 2013.

REGULATORY REFORM UPDATE – Senate Bill 3 – Sponsored by Senator Frank LaRose

(R – Copley)

To reform rule-making and rule-review procedures and regulatory processes.


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Analysis: Ongoing. The bill does stipulate that all rules, including no-change

rules are subject to the CSI/regulatory reform process. Bill creates an

entrepreneurship in residence program for SBAC selected state agencies.

Status: Introduced February 12, 2013. Passed the Ohio Senate (32-0) on June

26, 2013. Passed the Ohio House on June 3, 2014, on a vote of 95-0. Senate

concurrence on June 4, 2014. Signed by Governor Kasich..

SMALL/MINORITY BUSINESS TAX CREDIT/LOANS – Senate Bill 14 – Sponsored by

Senator Eric Kearney (D – Cincinnati)

To authorize programs and tax credits to encourage the hiring of unemployed

individuals, to make changes to the Unemployment Compensation Law, to

authorize grants and tax credits for the rehabilitation of distressed areas and the

expansion of broadband connections to rural areas, to create a revolving loan fund

and a bonding program for small businesses, to make changes to the Minority

Business Bonding Program, to levy taxes, and to make an appropriation.


Analysis: Ongoing

Status: Introduced February 12, 2013. Pending before the Ohio Senate Finance

Committee.

SIDEWALK/PATH MAINTENANCE ASSESSMENT – Senate Bill 41 – Sponsored by

Senator Randy Gardner (R – Bowling Green)

To establish districts and impose special assessments for the installation,

maintenance, and improvement of sidewalks and paths.


Analysis: The bill permits the legislative authority of a municipality to create an

assessment mechanism against all real property owners for installing and

improving “well-kept” sidewalks, paths along streets and other rights-of-way.

The bill permits an ordinance to be created to compel property owners to pay for

thee assessments.

Status: Introduced February 14, 2013. Pending before the Ohio Senate Public

Safety, Local Government and Veterans Affairs Committee.

19

AGRICULTURAL POLLUTION ABATEMENT/PERMITTING – Senate Bill 150 –

Sponsored by Senators Cliff Hite (R – Findlay) and Bob Peterson (R – Sabina)

To revise the law governing the abatement of agricultural pollution, to require a

person that applies fertilizer for the purposes of agricultural production to be

certified to do so by the Director of Agriculture, to provide for an agricultural

pesticide-use category on commercial and private pesticide applicator licenses,

and to make other changes to the Agricultural Additives, Lime, and Fertilizer

Law.


Analysis: The bill requires, three years after effective date that any individual

spreading fertilizer for agricultural production be licensed by Ohio Dept. of

Agriculture. Grants head of Ag to inspect fertilizer, revoke licenses, and

promulgate rules to address issues of pollution, fertilizer and pesticide spreading.

Further grants head of soil and water division under ODNR authority and

oversight of nutrient management plans. The bill is in response to the algal

blooms experienced in some Ohio waterways and bodies.

Status: Introduced June 25, 2013. Passed the Ohio Senate on January 22, 2014,

on vote of 32-0. Passed the Ohio House on April 9, 2014, on a vote of 93-0.

Senate concurred 33-0 on May 7, 2014. Signed by Governor Kasich May 22,

2014.

GRF APPROPRIATION REDUCTION – Senate Bill 153 – Sponsored by Senator Kris

Jordan (R – Delaware)

To require aggregate General Revenue Fund appropriations for state agencies to

be reduced by specified amounts for the biennium beginning July 1, 2013, and

ending on June 30, 2015.


Analysis: The bill requires a reduction as outlined in the bill to state agencies

with respect to appropriations granted in House Bill 59 in the 130th

GA. The bill

does stipulate OBM must review appropriations to determine necessary levels to

best preserve the critical services of the state. NFIB is interested in seeing a

reduction in state spending that does not impact services. The last biennial budget

grew by 10% in 2014.

Status: Introduced June 25, 2013. Pending before the Ohio Senate Finance

Committee.

20

DRUG TESTING FOR WELFARE – Senate Bill 182 – Sponsored by Senator Tim Schaffer

(R – Lancaster)

To require the Director of Job and Family Services to operate an Ohio Works

First drug testing pilot program and to make an appropriation.


Analysis: The bill would create a pilot program where individuals seeking

welfare would be asked questions regarding possible drug use then potentially

subjected to drug testing. The test will initially be paid for by the applicant who

will be reimbursed if it is negative. The bill sets up a mechanism for treatment for

positive applicants. NFIB is interested in appropriate use of tax dollars and will

monitor the fiscal impacts as this bill has hearings.

Status: Introduced September 3, 2013. Pending before the Ohio Senate

Medicaid, Health & Human Services Committee.

HEALTH CLUB MANDATORY DEFIBRILLATOR – Senate Bill 184 – Sponsored by

Senator Tom Patton (R – Strongsville)

To require a health club to have an automated external defibrillator installed on

the premises, to specify requirements for training and staffing with respect to the

use of that automated external defibrillator, and to modify the immunity provided

with respect to the use of an automated external defibrillator.


Analysis: The bill mandates a defibrillator be present in all specified health

clubs. The bill also eliminates criminal and civil liability except for willful and

wanton misconduct. NFIB is always concerned with mandates levied on specific

businesses particularly when avenues for lawsuits are created. NFIB will monitor

this bill and relay those concerns.

Status: Introduced September 5, 2013. Pending before the Ohio Senate

Medicaid, Health & Human Services Committee.

SMALL BUSINESS PURCHASING PREFERENCE – Senate Bill 308 – Sponsored by

Senator Eric Kearney (D – Cincinnati)

To generally require that state agencies set aside a certain amount of purchases for

which only small business enterprises may compete.


21

Analysis: The bill requires state agencies to set aside amounts of purchases

whereby only small businesses may compete. While the notion may be well

intended, NFIB/Ohio has long opposed government picking winners and losers,

even if the target audience is the small business community. Let the market work.

Status: Introduced March 27, 2014. Pending before the Ohio Senate Finance

Committee.

22

HEALTHCARE

ACA EXCHANGE NAVIGATOR LICENSURE – House Bill 3 and Senate Bill 9 –

Sponsored by Representative Barbara Sears (R – Sylvania) and Representative

Stephanie Kunze (R – Hilliard) and Senator Bacon (R – Columbus)

To specify licensing and continuing education requirements for insurance agents

involved in selling, soliciting, or negotiating sickness and accident insurance

through a health benefit exchange and to make changes to copayments, cost

sharing, and deductibles for health insuring corporations.

NFIB/Ohio Position: Interested Party – Sent letter of support on both bills

Analysis: The bill establishes criteria for an individual to serve as a navigator to

help direct individuals and small businesses in the new health insurance

exchanges that will be established per ACA, keeping the regulatory authority with

the Ohio Department of Insurance. The bill also requires the Department to

permit any insurance carrier that meets the requirements of offering a qualified

health plan to be able to sell in Ohio, thus retaining our competitive market.

Status: Introduced January 30, 2013 and February 12, 2013, respectively.

Senate Bill 9 served as vehicle. Passed the Ohio Senate on March 9, 2013, by a

vote of 33-0. Passed the Ohio House on April 15, 2013, by a vote of 95-3. Senate

concurrence on May 22, 2013, by a vote of 22-11. Signed by Governor Kasich

June 4, 2013.

HEALTHCARE FREEDOM – House Bill 91 – Sponsored by Representatives Ron Young

(R – Leroy Township) and Andy Thompson (R – Marietta)

To enact the Health Care Freedom Act.


Analysis: This bill aims to negate the employer mandate penalties in law by

prohibiting an insurance company that accepts subsidies from adding any new

members to their plans. The logic of the bill is if the insurance companies do not

take the subsidies there is no employer penalties.

Status: Introduced March 5, 2013. Pending before the Ohio House Health &

Aging Committee.

23

BOARD OF HEALTH PAYMENT MANDATE – House Bill 94 – Sponsored by

Representative Gonzales (R – Westerville)

To require a health insuring corporation, public employee benefit plan, or

sickness and accident insurer to reimburse a board of health for any services

provided to an individual by the board that is covered by a plan issued to the

individual by the health insuring corporation, public employee benefit plan, or

sickness and accident insurer upon request submitted by the board of health.


Analysis: The bill requires payment to be made to a board of health for treatment

provided to anyone with a sickness or accident policy by the issuer. The payment

must be at the usual and customary rate. NFIB is studying the impact of this

mandate for real world impact.

Status: Introduced March 6, 2013. Pending before the Ohio House Insurance

Committee.

UNIVERSAL HEALTHCARE – House Bill 121 and Senate Bill 104 – Sponsored by

Representatives Bob Hagan (D – Youngstown) and Mike Foley (D –

Cleveland) and Senator Michael Skindell (D – Lakewood)

To enact the Ohio Health Security Act to establish and operate the Ohio Health

Care Plan to provide universal health care coverage to all Ohio residents.

NFIB/Ohio Position: Opposed

Analysis: These bills establish the Ohio Health Care Plan, a government run

agency to provide universal healthcare to all Ohioans. The Plan would be funded

through taxes on employer payroll, additional taxes on business gross receipts,

additional income taxes on individual in excess of the Social Security payroll tax

and additional income taxes on income exceeding $200,000. The bill aims to

eliminate the private insurance market and stifle competition.

Status: Introduced in the Ohio House and the Ohio Senate on April 10, 2013.

Pending before the Ohio House Insurance Committee and Ohio Senate Medicaid,

Health & Human Services Committee.

MEDICAID EXPANSION – House Bill 125 and Senate Bill 117 – Sponsored by

Representative John Carney (D – Columbus) and Nickie Antonio (D – Lakewood)

and Senator Shirley Smith (D – Cleveland)

To permit the Medicaid program to cover the eligibility expansion group

authorized by the Patient Protection and Affordable Care Act and to make an

appropriation.

24


Analysis: The bill would allow expansion of Medicaid to cover those that are at

or below 138% of the federal poverty level per the ACA. The bill does provide

the “off-ramp” should the federal government reduce the percent reimbursement

for Medicaid services per the ACA.

Status: Introduced April 16, 2013 and April 30, 2013 respectively. Pending

before the Ohio House Finance &Appropriations and Ohio Senate Finance

Committees.

MEDICAID EXPANSION – House Bill 176 & Senate Bill 166 – Sponsored by

Representative Barbara Sears (R – Sylvania) and Senator Capri Cafaro (D –

Youngstown)

To require the Medical Assistance Director to implement Medicaid reforms, to

permit the Medicaid program to cover an additional group under certain

circumstances, to revise the duties of the Joint Legislative Committee on

Medicaid Technology and Reform, and to make an appropriation.


Analysis: The bill would expand Medicaid coverage per the ACA in much the

same manner as the bills directly above (HB 125 and SB 117). Further, the bill

establishes criteria and program goals with the intention of bringing cost saving

measures to the Medicaid system in Ohio.

Status: Introduced May 28, 2013, and July 30, 2013, respectively. Pending

before the Ohio House Finance & Appropriations Committee. Pending before the

Ohio Senate Finance Committee.

MEDICAID REFORM – House Bill 208 and Senate Bill 145 – Sponsored by Representatives

Ron Amstutz (R – Wooster) and Vernon Sykes (D – Akron) and Senators David

Burke (R – Marysville) and Capri Cafaro (D – Youngstown)

To require the Medicaid Director to implement certain reforms to the Medicaid

program, to require the Director of Job and Family Services to implement certain

reforms to workforce development activities, to create the Joint Medicaid

Oversight Committee to review proposed rules regarding the Medicaid and

workforce development activity reforms, to require the Joint Medicaid Oversight

Committee to issue reports recommending certain changes to the Medicaid

program, and to abolish the Joint Legislative Committee on Health Care

Oversight and the Joint Legislative Committee on Medicaid Technology and

Reform.

25


Analysis: The bill aims to build on Medicaid reforms by requiring the Director of

ODJFS to implement reforms to Medicaid to limit growth at or below CPI. The

bill also establishes a Joint Medicaid Oversight Committee to suggest and review

rules and recommend changes to Medicaid for cost containment.

Status: Introduced in both chambers on June 13, 2013. Pending before the Ohio

House Finance & Appropriations Committee and the Ohio Senate Finance

Committee.

HEALTH CARE COMPACT – House Bill 227 – Sponsored by Representatives Wes

Retherford (R – Hamilton) and Terry Boose (R – Norwalk)

To enter into the Health Care Compact.


Analysis: The bill would enjoin Ohio to the Health Care Compact, a national

movement that “The Health Care Compact is an interstate compact – which is

simply an agreement between two or more states that is consented to by Congress

– that restores authority and responsibility for health care regulation to the

member states (except for military health care, which will remain federal), and

provides the funds to the states to fulfill that responsibility.” The compact has

been approved in seven states.

Status: Introduced June 27, 2013. Pending before the Ohio House State &


OPIOID ADDICTION MANDATE – House Bill 369 – Sponsored by Representative Bob

Sprague (R – Findlay)

To require the Medicaid program and health insurers to cover certain services for

recipients with opioid addictions; to establish requirements for boards of alcohol,

drug addiction, and mental health services regarding treatment services for opioid

addiction to help defray payroll costs associated with a court's employment of

drug court case managers; to provide a state share of the capital costs of recovery

housing projects; and to make appropriations.


Analysis: The bill mandates that health insurance plans provide coverage for a

ambulatory detox, case management, intensive outpatient treatment, medication-

assisted treatment and residential treatment for individuals with opioid addictions.

Like all mandates this impacts the small group and individual markets. The bill

will put upward pressure on health insurance premiums. The substitute bill

26

removed the private insurer mandate portion thus revising NFIB/Ohio’s position

to interested party.

Status: Introduced December 3, 2013. Passed the Ohio House on April 9, 2014,

by a vote of 71-20. Pending referral to committee in the Ohio Senate.

SMALL GROUP/FULLY-INSURED MANDATE REMOVAL – House Bill 511 –

Sponsored by Representative Barbara Sears (R – Sylvania)

To suspend sections 1751.53 and 3923.38 of the Revised Code to suspend the

operation of continuation of coverage requirements and make other insurance-

related changes.


Analysis: The bill reduces from 28 years of age to 26 the time a dependent may

remain on their parent’s health insurance syncing the full-insured market with the

federal mandate under the ACA. Additionally increases from 25 to 30 the hours

per week needed to constitute full-time employment. Ohio’s small group market

(2-50 lives) was out of sync with the ACA definition. The bill will eliminate

confusion for small employers, ensure that the most vulnerable markets are not

faced with additional burdens above and beyond federal mandates ultimately

leading to the potential to slightly reduce premiums.

Status: Introduced April 1, 2014. Passed the Ohio House on May 28, 2014, on a

vote of 65-30. Pending before the Ohio Senate Insurance & Financial Institutions

Committee.

HPV VACCINE HEALTH INSURANCE MANDATE – Senate Bill 39 – Sponsored by

Senators Edna Brown (D – Toledo) and Joe Schiavoni (D – Youngstown)

To require insurance providers to cover human papillomavirus screenings and

vaccines.


Analysis: Like all health insurance mandates this bill only impacts 20% of the

insurance market as ERISA companies are exempt under federal law. The bill

expects small businesses and individuals to shoulder the entire burden of this

mandate while exempting state of Ohio employee plans and Medicaid.

Status: Introduced February 12, 2013. Pending before the Ohio Senate Insurance

& Financial Institutions Committee.

27

ORAL CANCER MEDICATION MANDATE – Senate Bill 99 – Sponsored by Senators

Scott Oelslager (R – Canton) and Charleta Tavares (D – Columbus)

To enact sections 1751.69 and 3923.85 of the Revised Code regarding insurance

coverage for orally administered cancer medications.


Analysis: The bill would require accident and sickness insurance policies that

provide coverage for intravenous cancer medications to do the same for oral

cancer medications. If a policy does not provide coverage for intravenous cancer

medications than this mandate is not applicable. Like all insurance mandates this

impacts a small portion of the health insurance market. This bill does however

include public employee health plans.

Status: Introduced April 9, 2013. Passed the Ohio Senate on March 12, 2014, on

a vote of 31-1. Passed the Ohio House on June 3, 2014, on a vote of 88-7.

Waiting action by Governor Kasich.

TELEMEDICINE MANDATE – Senate Bill 118 – Sponsored by Senator Charleta Tavares

(D – Columbus)

Regarding insurance and Medicaid coverage of telemedicine services.


Analysis: Although technically a health insurance mandate, the bill stipulates

that an insured may not be charged more for using a telemedicine visit than for

the same treatment in person. NFIB is still evaluating the potential impacts on

insurance premiums.

Status: Introduced April 30, 2013. Pending before the Ohio Senate Insurance &

Financial Institutions Committee.

MEDICAID REFORM – Senate Bill 206 – Sponsored by Senators Dave Burke (R –

Marysville) and Capri Cafaro (D – Youngstown)


Analysis: The bill instructs the Medicaid Director to implement cost containment

strategies to keep the growth below that of CPI. Further stipulates that

performance should be measured based upon outcomes not quantity of

patients/procedures. Creates Joint Medicaid Oversight Commission (JMOC) to

review progress and make recommendations to full GA on needed changes.

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NFIB/Ohio supported the overarching concepts of the bill as Medicaid continues

to consumer an ever-growing share of the state budget.

Status: Introduced October 10, 2013. Passed the Ohio Senate on November 13,

2013, on a vote of 27-5. Passed the Ohio House on December 4, 2013, on a vote

of 55-36. Senate concurred on December 4, 2013, by a vote of 28-5. Signed by

Governor Kasich on December 19, 2013.

HEARING AID MANDATE – Senate Bill 257 – Sponsored by Senator Edna Brown (D –

Toledo)

To require health insurers to offer coverage for hearing aids.

NFIB/Ohio Position: Opposed.

Analysis: The bill mandates insurance provides coverage for hearing aids.

Mandates add cost to policies and the small group and individual markets bear the

entire cost as self-insured plans are exempt from inclusion per federal ERISA law.

Status: Introduced December 12, 2013. Pending before the Ohio Senate

Insurance & Financial Institutions Committee.

29

LABOR

WAGE/SEXUAL ORIENTATION DISCRIMINATION – Senate Bill 92 – Sponsored by

Senators Charleta Tavares (D – Columbus) and Nina Turner (D – Cleveland)

To enact the "Fair and Acceptable Income Required (FAIR) Act" and to revise the

enforcement of the prohibitions against discrimination in the payment of wages.


Analysis: The bill creates a new protected class for sexual orientation or gender

identity and affords all the protections associated with other protected classes

under the civil rights laws. Additionally, the bill establishes a new three prong

criteria for employers to prove when using wage differential related to education,

training or experience. Further creates a rebuttable presumption for employees

that file a suit and can prove an alternative system exists outside wage differential

and the employer refused to implement this alternative system. The bill also

affords protections for those that inquire about wages from any employer

retribution.

Status: Introduced March 20, 2013. Pending before the Ohio Senate Commerce

& Labor Committee.

RIGHT TO WORK – House Bill 151 – Sponsored by Representative Kristina Roegner (R –

Hudson)

To prohibit any requirement that employees of private employers join or pay dues

to any employee organization and to establish civil and criminal penalties against

employers who violate that prohibition.


Analysis: The bill prohibits requiring an individual in a private company from

having to join or pay dues to a union as a condition of employment. The bill does

not prohibit workers from forming and joining a union. On the 2012 NFIB/Ohio

Ballot, 84% of members support making Ohio a right to work state.

Status: Introduced May 2, 2013. Pending before the Ohio House Manufacturing

& Workforce Development Committee.

RIGHT TO WORK – House Bill 152 – Sponsored by Representative Ron Maag ( R –

Lebanon)

To remove any requirement under the Public Employees Collective Bargaining

Law that public employees join or pay dues to any employee organization and to

30

prohibit public employers from requiring public employees to join or pay dues to

any employee organization.


Analysis: The bill would do the same for public sector workers as HB 151 does

for private sector workers. The bill prohibits a public employee collective

bargaining contract from requiring paying dues or joining a union as a condition

of employment.

Status: Introduced May 2, 2013. Pending before the Ohio House State & Local

Government Committee.

SEXUAL ORIENTATION DISCRIMINATION – House Bill 163 and Senate Bill 125 –

Sponsored by Representatives Ross McGregor (R – Springfield) and Nickie

Antonio (D – Lakewood) and Senators Frank LaRose (R – Akron) and Michael

Skindell (D – Lakewood)

To prohibit discrimination on the basis of sexual orientation or gender identity, to

create an exception for unlawful discriminatory practices concerning admission to

or membership in certain religious organizations, to add mediation to the list of

informal methods by which the Ohio Civil Rights Commission must attempt to

induce compliance with Ohio's Civil Rights Law before instituting a public

hearing, and to amend the version of section 5104.09 of the Revised Code that is

scheduled to take effect January 1, 2014, to continue the provisions of this act on

and after that effective date.

NFIB/Ohio Position: Interested Party.

Analysis: This bill would add the protected class of sexual orientation/gender

identity to Ohio’s civil rights statutes. The bill does include exemptions for

employers with fewer than 15 employees and a religious exemption. NFIB is

interested in adding more clarity and predictability to the discrimination statutes

and as such would like to see Ohio’s statute of limitations reduced to match

federal and permit filing of a claim in one venue at a time. The reality is the more

protected classes the greater the chance of being sued. NFIB does not condone

any form of discrimination.

Status: Introduced May 14, 2013 in both the Ohio House and Ohio Senate.

Pending before the Ohio House Commerce, Labor & Technology Committee the

Ohio Senate Civil Justice Committee.

31

MANDATORY PARENTAL LEAVE – House Bill 179 – Sponsored by Representative

Heather Bishoff (D – Blacklick)

To require certain employers to allow a parent to exercise court-ordered parenting

time without terminating the parent's employment, reducing the parent's pay, or

taking other similar action against the parent.

NFIB/Ohio Position: Opposed.

Analysis: The bill requires employers with 50 or more employees to permit an

individual with court ordered parental visitation to take leave of work, without

pay, if the visitation time coincides with normal working hours. The bill prohibits

termination of an employee for such leave. However, the bill contains no

penalties for not complying. Like all mandated leave bills, this bill disrupts the

employer/employee relationship and forces an employer to limit their flexibility in

helping an employee meet their needs.

Status: Introduced May 28, 2013. Pending before the Ohio House Commerce,

Labor & Technology Committee.

PREVAILING WAGE – House Bill 190 – Sponsored by Representative Ron Hood (R –

Ashville)

To increase the threshold to trigger the requirement that the prevailing wage be

paid for work on vertical public improvement projects and to allow political

subdivisions and state institutions of higher education to elect whether to be

subject to the Prevailing Wage Law for a public improvement project.


Analysis: The bill would increase the threshold to trigger prevailing wage on

vertical construction (i.e. not roads or bridges) for state projects from $200,000 to

$3.5 million. Public universities and local governments are not required to follow

but may opt in. The bill will increase the number of viable bids for a project thus

allowing more competition and hopefully driving down project costs saving

taxpayer dollars. Right now, some small contractors are not able to meet the

prevailing wage requirements and are unable to bid on projects.

Status: Introduced June 4, 2013. Pending before the Ohio House Commerce,


PROJECT LABOR AGREEMENTS – House Bill 229 – Sponsored by Representative Ron

Young (R – Leroy Township)

To expand the number of potential bidders for public works funded by a state

agency and not discriminate in favor of or against labor organizations by requiring

32

or prohibiting certain labor requirements as a condition of performing these public

works, and to expand the potential number of bidders for public works conducted

by a political subdivision of the state and not reward discrimination in favor of or

against labor organizations by the appropriation of state funds for public works

when a political subdivision discriminates by requiring or prohibiting certain

labor requirements as a condition of performing public works.


Analysis: Stipulates that when public works conducted by a political subdivision

or a state agency the RFP can neither require nor prohibit a project labor

agreement (PLA). The bill aims to ensure the most bids possible for best use of

taxpayer resources. The bill does not prohibit PLAs. If a bidder responds with a

PLA included in their bid the political subdivision may select that bid.

Status: Introduced July 2, 2013. Pending before the Ohio House State &


BAN THE BOX – House Bill 235 – Sponsored by Representative Sandra Williams (D –

Cleveland)

To prohibit employers from including on an employment application any

question concerning whether an applicant has been convicted of or pleaded guilty

to a felony.

NFIB/Ohio Position: Oppose

Analysis: The bill prohibits an employer from including a question on an initial

application for employment about any felony convictions or guilty pleas. The bill

does permit an employer to do a background check, however significant time and

resources may be spent on interviewing a candidate only to determine a prior

conviction or guilty plea precludes from employment due to the nature of the job.

Employers have the right to know upfront.

Status: Introduced July 25, 2013. Pending before the Ohio House Commerce,


EMPLOYEE PAYMENT CHOICE – House Bill 253 – Sponsored by Representative John

Rogers (D – Mentor on the Lake)

To prohibit certain employers from requiring employees to accept the employees'

pay in the form of a paycheck card.


33

Analysis: The bill prohibits employers from giving employees payment in the

form on a paycheck card. It requires employers to give options to employees

beyond paycheck card including: cash, check or EMT transfer. NFIB does not

support mandates on employers and believes as long as employees are being

compensated it should be allowed to be done in the manner most cost effective

and efficient for employers.

Status: Introduced August 27, 2013. Pending before the Ohio House Commerce,


DOMESTICE VIOLENCE LEAVE – House Bill 297 – Sponsored by Representatives Anne

Gonzales (R – Westerville) and Denise Driehaus (D – Cincinnati)

To allow an employee who is a victim of domestic violence to take unpaid leave

for purposes relating to the incident of domestic violence; to allow an employee

who is a victim of domestic violence to file a civil action against that employee's

employer if the employer terminates the employee's employment as a result of the

employee taking unpaid leave for purposes relating to the incident of domestic

violence; to allow a tenant who is a victim of domestic violence to terminate a

rental agreement or have the tenant's name removed from the rental agreement

under certain circumstances; to require a landlord of a tenant who is a victim of

domestic violence or menacing by stalking to change the lock to the dwelling unit

where the tenant resides under certain circumstances; to require a metropolitan

housing authority to transfer a tenant who is a victim of domestic violence or

menacing by stalking if the tenant requests such a transfer and provides the

metropolitan housing authority with certain specified information; and to prohibit

a county, municipal corporation, township, or law enforcement agency of such a

political subdivision from charging any victim of domestic violence a fee for

assisting the victim.


Analysis: The bill permits a victim of domestic violence to take unpaid leave to

make a court appearance or other appointment. The employee threshold is 100 or

more thus exempting a majority of NFIB members although this number could

quickly decrease. NFIB does not support such government mandated leave

although this is unpaid. The bill does permit an employer to require

documentation for such leave. The bill creates a civil action as the sole remedy

for termination for an employee exercising their rights created under the bill with

back pay and reasonable attorney’s fees.

Status: Introduced October 16, 2013. Pending before the Ohio House Judiciary

Committee.

34

THANKSGIVING TRIPLE PAY – House Bill 360 – Sponsored by Representatives Mike

Foley (D – Columbus) and Bob Hagan (D – Youngstown)

To require treble wages for retail employees who work during the Thanksgiving

holiday and to prohibit a retail employer from adversely affecting the employment

status, wages, hours, or employment conditions of a retail employee because the

retail employee refuses to work on Thanksgiving day.


Analysis: The bill requires that a retail employee having to work on

Thanksgiving Day and the day shall be paid three times their normal wages. The

caveats are if the business opens at the regular time the day after or a collective

bargaining agreement that doesn’t contain triple wages language. NFIB/Ohio

opposes bills that interfere in the employer and employee negotiating process.

Status: Introduced November 26, 2013. Pending before the Ohio House

Commerce, Labor & Technology Committee.

PREVAILING WAGE SCHOOLS – House Bill 370 – Sponsored by Representative Debbie

Phillips (D – Athens)

To make a board of education of a school district or the governing board of an

educational service center subject to the Prevailing Wage Law for public

improvement contracts.


Analysis: The bill eliminates the exemption in law from prevailing wage for

public projects undertaken by a board of education for a school district or

governing board of an educational service center. NFIB/Ohio members opposed

prevailing wage requirements as it may inflate costs and preclude members from

bidding on projects due to inflated wages generally tied to regional union wages.

Status: Introduced December 3, 2013. Pending before the Ohio House

Education Committee.

INTERNET ACCOUNT ACCESS – House Bill 424 – Sponsored by Representatives Heather

Bishoff (R – Columbus) and Bob Hackett (R – London)

To prohibit employers and educational institutions from requiring an employee,

applicant, student, or prospective student to provide access to any personal

Internet account of the employee, applicant, student, or prospective student.


35

Analysis: The bill prohibits an employer from demanding an employee give

access to private internet accounts. The bill does not restrict an employer from

seeking such information on devices that are paid for in part or whole by the

employer. The penalty is a fine of $1,000 plus reasonable attorney fees and court

costs. However, an employee must make a written demand not to exceed $1,000

prior to filing an action. The bill creates an affirmative defense for employers that

they were acting to comply with state or federal law.

Status: Introduced February 2, 2014. Pending before the Ohio House


LILLY LEDBETTER FAIR PAY ACT – House Bill 456 – Sponsored by Representative

Connie Pillich (D – Cincinnati)

To clarify that a discriminatory compensation decision that is unlawful under the

Civil Rights Laws occurs each time compensation is paid pursuant to that

decision.


Analysis: The bill creates a cause of action to sue under a civil rights act

violation for unequal pay based upon the protected classes in Ohio. The law

permits anyone to go back so far as such time they believe the discrimination

started. Each pay period would constitute a separate violation. The bill

essentially aims to overturn Ledbetter.

Status: Introduced February 19, 2014. Pending before the Ohio House Judiciary

Committee.

MINIMUM WAGE INCREASE – House Bill 502 – Sponsored by Representatives Mike

Foley (D – Cleveland) and Bob Hagan (D – Youngstown)

To increase the state minimum wage to ten dollars and ten cents an hour

beginning January 1, 2015.


Analysis: The bill will increase minimum wage to $10.10 per hour by 2015.

Ohio already has a minimum wage tied to the increase in inflation that exceeds

the federal minimum wage. Arbitrarily raising the minimum wage has the effect

of reducing employment opportunities for entry level workers. Employers will

pay a wage commensurate with employee skill set and within their operating

budget parameters. Increasing the minimum wage could result in costs of goods

and services increasing to offset wage increases to employer bottom lines.

NFIB/Ohio believes it is best to let the market dictate wages.

36

Status: Introduced March 25, 2014. Pending before the Ohio House Commerce,


ADULT CHANGING TABLE MANDATE – Senate Bill 343 – Sponsored by Senator

Peggy Lehner (R – Kettering)

To require public buildings to have at least one rest room facility with an adult

changing station.


Analysis: The bill requires that all buildings constructed after January 1, 2016,

that are used for assembly purposes must contain a restroom with an adult

changing table. This bill will add to the cost associated with construction and

potentially lead to lawsuits against businesses that did not knowingly violate the

law.

Status: Introduced May 21, 2014. Pending before the Ohio Senate State

Government Oversight and Reform Committee.

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WORKERS’ COMP & UNEMPLOYMENT COMP

UNEMPLOYMENT COMP CLAIMANT REGISTRATION – House Bill 2 – Sponsored

by Representative Tim Derickson (R- Hanover Township) and Tim Brown (R –

Bowling Green)

To require an unemployment compensation claimant to register with

OhioMeansJobs to be eligible for unemployment compensation benefits and to

require a claimant to contact a local one-stop office beginning with the eighth

week of filing for unemployment compensation benefits.


Analysis: Requires those seeking continued unemployment benefits to register

with OhioMeansJobs to find a potential, suitable employment match and to

contact the local one-stop office after eight weeks of benefits. NFIB/Ohio

believes this will show good faith effort by the unemployed individual toward

actual employment and root out those not attempting to reenter the workforce.

Status: Introduced January 30, 2013. Passed the Ohio House on March 19, 2013,

by a vote of 80-12. Passed the Ohio Senate on June 20, 2013, by a vote of 31-1.

House concurred on June 25, 2013, by a vote of 91-6. Signed by Governor

Kasich on July 11,2013.

MILITARY SPOUSE UNEMPLOYMENT COMP – House Bill 55 and Senate Bill 8 –

Sponsored by Representatives Connie Pillich (D – Cincinnati) and Lou Terhar (R

– Cincinnati) and Senator Frank LaRose (R – Copley)

To permit persons who quit work to accompany the person's spouse on a

military transfer to be eligible for unemployment compensation benefits.


Analysis: The bill would permit an individual who is married to a member of the

United States Armed Forces to quit his/her job and accompany their spouse upon

a military transfer to qualify for unemployment benefits.

Status: Introduced January 30, 2013 and February 12, 2013, respectively.

Pending before the Ohio House Commerce, Labor & Technology Committee.

Senate Bill 8 passed the Ohio Senate on June 26, 2013, by a vote of 32-0.

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INDUSTRIAL COMMISSION OPERATING BUDGET – House Bill 33 – Sponsored by

Representative Bob Hackett (R – London)

To make appropriations for the Industrial Commission for the biennium beginning

July 1, 2013, and ending June 30, 2015, and to provide authorization and

conditions for the operation of Commission programs.


Analysis: Simply an operations budget. No policy changes. The budget request

appropriations of just over $110 million representing a 7% decrease over the

previous biennium.

Status: Introduced February 5, 2013. Passed the Ohio House on February

28, 2013, by a vote of 97-0. Passed the Ohio Senate (33-0) on March 13, 2013,

by a vote of 33-0. House concurred on March 13, 2013, by a vote of 97-0.

Signed by Governor Kasich on March 26, 2013.

BWC OPERATING BUDGET – House Bill 34 – Sponsored by Representative Bob Hackett

(R – London)

To allow the Administrator of Workers' Compensation to pay for specified

medical benefits during an earlier time frame, to make changes to the Health

Partnership Program, to eliminate the $15,000 Medical-Only Program, to make

other changes to the Workers' Compensation Law, and to make appropriations for

the Bureau of Workers' Compensation for the biennium beginning July 1, 2013,

and ending June 30, 2015; and to provide authorization and conditions for the

operation of the Bureau's programs.


Analysis: The bill was stripped of some policy changes related to provider

choice and upfront payment of claims. These portions will be entertained in later

legislation. The overall appropriation request is approximately $547 million over

the biennium representing a 5% decrease over the previous biennium.

Status: Introduced February 5, 2013. Passed the Ohio House (97-0) on February

28, 2013, by a vote of 97-0. Passed the Ohio Senate (33-0) on March 13, 2013,

by a vote of 33-0. House concurred on March 13, 2013, by a vote of 97-0.

Signed by Governor Kasich on March 26, 2013.

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SHORT –TIME UNEMPLOYMENT COMP/SHARED WORK PROGRAM – House Bill

37 and Senate Bill 25 - Sponsored by Representative Mike Duffey (R –

Worthington) and Representative Gary Scherer (R – Circleville) and Senators Bob

Peterson (R – Sabina) and Frank LaRose (R – Copley)

To create the short-time unemployment compensation program.


Analysis: The bill creates a program to permit employers to reduce hours for

employees, allows those employees to receive unemployment comp, and not

result in layoffs. Employers must provide benefits to employees to qualify for

the program. The program will receive federal funding for start-up and the

first three years of the program. Intent is to prevent layoffs. Questions remain

regarding what happens when the federal funding runs out, will the mutualized

account suffer?

Status: Introduced February 6, 2013 and 2013 respectively. House Bill 37 is the

vehicle and passed the Ohio on April 10, 2013, by a vote of 97-0 and passed the

Ohio Senate on June 26, 2013, by a vote of 31-1. House concurred (98-0) on June

27, 2013, by a vote of 98-0. Signed by Governor Kasich on July 11, 2013.

BWC EMPLOYER RATE FORMULA – House Bill 143 – Sponsored by Representatives

Anthony DeVitis (R – Green) and Jim Butler (R – Oakwood)

To require the Administrator of Workers' Compensation to include in the notice

of premium rate that is applicable to an employer for an upcoming policy year the

mathematical equation used by the Administrator to determine the employer's

premium rate.


Analysis: The bill would require BWC to submit to employers the actuarial

calculation used to determine the employer’s premium rate. This will purportedly

allow employers to better understand what factors influence the rise or fall of

premiums.

Status: Introduced April 30, 2013. Pending before the Ohio House Insurance

Committee. *This bill was inserted into House Bill 493 the workers’ comp MBR

on the floor of the Ohio House and removed in Ohio Senate committee.

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UNEMPLOYMENT COMP DEBT REPAYMENT – House Bill 329 – Sponsored by

Representative Dave Hall (R – Millersburg)

To require the Director of Budget and Management to make payments on the

balance of amounts borrowed by the state from the federal government to issue

unemployment benefits and to make an appropriation.


Analysis: The bill requires OBM to take $404 million from the GRF and use to

pay toward principal balance of Ohio’s outstanding unemployment compensation

loans. The longer the state owes the federal government the greater the loss of

FUTA offset credit for employers thus triggering a tax increase. NFIB/Ohio

supports repaying the loans asap.

Status: Introduced November 5, 2013. Pending before the Ohio House Finance

& Appropriations Committee.

TRANSPORTATION EMPLOYEE – House Bill 338 – Sponsored by Representatives Ross

McGregor (R- Springfield) and Jay Hottinger (R – Newark)

To establish a test to determine whether an individual providing services for or on

behalf of certain motor transportation companies is considered an employee under

Ohio's Overtime, Workers' Compensation, and Unemployment Compensation

Laws.


Analysis: The bill creates a test of essential and non-essential factors to

determine if a motor transporation company is an employee. The factors are

similar to those seen by IRS, BWC and ODJFS to determine if an individual is an

employee. NFIB/Ohio will monitor to ensure the entire employee determination

test is not expanded to the detriment of employers and/or subcontractors.


Commerce & Labor Committee.

EMPLOYEE DEFINITION – House Bill 347 – Sponsored by Representatives Debbie

Phillips (D – Athens) and Denise Driehaus (D – Cincinnati)

To create a generally uniform definition of employee for specified labor laws and

to create a uniform standard to determine whether an individual performing

services for an employer is an employee of that employer.


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Analysis: The bill is similar to versions from prior GA’s that would completely

change the definition of employee making it extremely challenging to show an

individual is a subcontractor and not an employee. The intent is to level the

playing field for those that are cheating the system, certainly a noble cause.

However, the bill goes far beyond and allows an aggrieved party to file a

complaint against an employer. This will no doubt lead to employer harassment

causing small business owners time and money to fight frivolous complaints. The

bill is unworkable in its current form.



PEO REPORTING REQUIREMENTS – House Bill 462 and Senate Bill 290 – Sponsored

by Representative Ross McGregor (R – Springfield) and Senator Tom Patton (R-

Strongsville)

To permit a professional employer organization to file federal taxes in any manner

permitted by federal law.


Analysis: The bill permits a PEO to report payroll for purposes of workers’

compensation under their FEIN not the individual employer thus permitting

aggregating of multiple businesses that may not be similar to achieve group rating

savings greater than what is permitted by BWC for individual small risks. The

bill could undermine the integrity of the group rating program.

Status: Introduced February 26, 2014 in both chambers. Pending before the Ohio

House Insurance Committee. Pending before the Ohio Senate Insurance &

Financial Institutions Committee.

MBR – WORKERS’ COMP CHANGES – House Bill 493 – Sponsored by Representatives

Barbara Sears (R – Sylvania) and Mike Henne (R – Dayton)

To enact sections 4121.443 and 4121.447; to repeal section 4121.419 of the

Revised Code; and to amend Section 1 of Sub. H.B. 34 of the 130th General

Assembly, as subsequently amended, to make changes to Ohio's Workers'

Compensation Law and to make an appropriation.


Analysis: The bill split from the MBR (HB 472) includes other states’ coverage

proposal to ensure employers temporarily working in other states have the option

to use the BWC to purchase coverage. Unfortunately many reciprocity

agreements with other states have eroded and employers have to purchase

coverage in other states. This creates a one-stop shop. Additionally, the bill

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includes some updates to the prospective premium payment program that

NFIB/Ohio worked with the BWC on.

Status: Introduced March 18, 2014. Passed the Ohio House on April 9, 2014, by

a vote of 88-4. Passed the Ohio Senate on May 28, 2014, on a vote of 32-0.

House concurrence on June 3, 2014. Signed by Governor Kasich.

THIRD-PARTY CLAIMS – House Bill 539 – Sponsored by Representative Mike Henne

(R – Dayton)

To defer the charging of workers' compensation claims to an employer's

experience when a third party may be liable for the claim and to create the

Subrogation Suspense Account within the State Insurance Fund to which any such

deferral will be charged.


Analysis: The bill defers payment of claims where a third party may be liable.

The bill creates an account at BWC to pay for these claims while the BWC

attempts to subrogate. After three years the claim is reassessed and any

outstanding charges not recouped through subrogation will appear in the

employer’s experience. While NFIB has been leading the charge on subrogation

and third-party claim reform, this bill may have some significant unintended

consequences, particularly as it relates to group rating when a rerate occurs in

year three potentially jeopardizing the stability and premiums of many, many

employers. NFIB will be working with the sponsor to address these concerns.

Status: Introduced May 14, 2014. Pending before the Ohio House Insurance

Committee.

ILLEGAL ALIENS PROHIBIT WORKERS’ COMP – Senate Bill 176 – Sponsored by

Senator Bill Seitz (R – Cincinnati)

To prohibit illegal and unauthorized aliens from receiving compensation and

certain benefits under Ohio's Workers' Compensation Law.


Analysis: The bill is similar to previous legislation introduced by Sen. Seitz.

NFIB has concern with creating a private right of action allowing illegal aliens to

sue employers under the tort statute. A knowing standard is currently in the bill.

NFIB convinced Sen. Seitz to raise the standard to clear and convincing for death

claims. NFIB will continue to work with the legislature to ensure employers who

run checks but inadvertently hire illegals are not open to new avenues of liability.

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Status: Introduced August 12, 2013. Pending before the Ohio Senate Commerce

& Labor Committee.

POLICE/FIRE WORKERS’ COMP FOR PTSD – Senate Bill 252 – Sponsored by Senator

Tom Patton (R – Strongsville)

To make peace officers and firefighters diagnosed with post-traumatic stress

disorder arising from employment without an accompanying physical injury

eligible for compensation and benefits under Ohio's Workers' Compensation Law.


Analysis: The bill permits police officers and firefighters to file for workers’

compensation for post-traumatic stress disorder arising from their employment.

This bill could open up a whole host of mental suits if it is not curtailed early in

the legislative process. The ability of individuals to file a workers’ comp claim

for mental issues without an underlying physical injury is the dream of the

personal injury bar.

Status: Introduced December 4, 2013. Passed the Ohio Senate on June 4, 2014,

on a vote of 30-1.

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TORT REFORM/CIVIL JUSTICE

TRESPASSER IMMUNITY – Senate Bill 16 – Sponsored by Joe Schiavoni (D –

Youngstown)

To provide that a person is not criminally or civilly liable for trespassing on

certain abandoned land or similar places of public amusement if the person enters

or remains on the land or place of public amusement to remediate it and knows or

has reasonable cause to believe that the land or place of public amusement is in

one of those categories; to provide the property owner with immunity from

liability to a person who enters or remains on the land or place of public

amusement in those circumstances subject to the statute governing liability to

trespassers; and to provide that a person who enters or remains on the land or

place of public amusement in those circumstances is not entitled to any

reimbursement for any cost of the remediation unless agreed to by the property

owner.


Analysis: This bill passed the Ohio Senate last year and did not make it through

the Ohio House. The bill does recognize the trespasser liability act passed last

year. NFIB/Ohio will continue to monitor to ensure no weakening of property

owner rights are amended in.

Status: Introduced February 12, 2013. Passed the Ohio Senate on

November 20, 2013, by a vote of 33-0. Pending before the Ohio House Judiciary

Committee.

EXEMPTION FROM CIVIL RIGHTS STATUTE – House Bill 82 – Sponsored by

Representative Bill Hayes (R – Harrison Township) and Terry Blair (R –

Washington Township)

To exempt religious corporations, associations, educational institutions, or

societies from the definition of "employer" for the purpose of Ohio's Civil Rights

law.


Analysis: Creates an exemption from the definition of employer in Ohio’s civil

rights statute for religious corporations, etc. NFIB/Ohio will closely monitor the

activity around this bill as it could serve as a means to tinker further with the

protected classes in Ohio.

Status: Introduced February 26, 2013. Pending before the Ohio House Judiciary

Committee.

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BUSINESS TO BUSINESS RIGHT TO CURE – House Bill 225 – Sponsored by


To create a procedure for settling civil actions between parties other than natural

persons and providing for an award of reasonable attorney's fees and litigation

expenses by motion or by a separate action in certain situations in which a

judgment is entered against a party that rejects an offer of settlement.


Analysis: Creates a mechanism in B2B lawsuits to allow for settlement offers to

be made by both plaintiff and defendant. Much like right to cure, if ultimate

disposition comes in at 75% or less than offer plaintiff rejected or over 125% to

plaintiff of offer defendant rejected than attorney’s fees and reasonable costs may

be awarded. The bill aims to reduce lengthy litigation and incentivize settlement.

Status: Introduced June 26, 2013. Pending before the Ohio House Judiciary

Committee.

TiPAC – House Bill 238 and Senate Bill 344 – Sponsored by Representative Jim Butler (R –

Oakwood) and Senator Bill Seitz (R – Cincinnati)

To provide transparency in contracts between the state and private attorneys.


Analysis: Transparency in Private Attorney Contracts (TiPAC). The bill is

drafted based upon a model bill that requires the Attorney General to do

competitive bids for contracts with private attorneys and disclose those contracts

in an annual report.

Status: Introduced July 31, 2013 and May 22, 2014. Pending before the Ohio

House Judiciary Committee and Ohio Senate State Government Oversight and

Reform Committee.

MEDICAL LIABILITY REFORM – House Bill 276 – Sponsored by Representative Peter

Stautberg (R- Cincinnati)

To provide that certain statements and communications made regarding an

unanticipated outcome of medical care are inadmissible as evidence, to require a

plaintiff in a medical claim to establish that the defendant's act or omission is a

deviation from the required standard of medical care and the direct and proximate

cause of the alleged injury, death, or loss, to provide that any loss of a chance of

recovery or survival by itself is not an injury, death, or loss for which damages

may be recovered, and to grant civil immunity to a health care facility for injury,

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death, or loss caused by a health care practitioner who is not an employee or agent

of, and provides medical services at, the facility.


Analysis: The bill does a couple of things: first it expands the I’m sorry statute

and provides immunity to a health care facility for injury caused by a practitioner

that is not an employee of the facility. NFIB always monitors legislation that

impacts the tort system in Ohio.

Status: Introduced September 30, 2013. Passed the Ohio House Judiciary

Committee on May 29, 2014. Waiting action by the full Ohio House.

ACCESSIBILITY LAWSUITS – House Bill 333 – Sponsored by Representative Stinziano

(D – Columbus)

To require an alleged aggrieved party to provide a notice of an alleged

accessibility law violation in advance of filing a civil action and to declare an

emergency.


Analysis: The bill stipulates that an individual must notify a business of a

perceived ADA violation prior to filing suit against the company. A business has

30 days to respond by doing one of the following correcting the alleged violation

within 120 days from notice, challenging the violation which allows the aggrieved

party to immediately file a lawsuit, or show the alleged violation has been

remedied. The intent of the bill is to reduce lawsuits against businesses while also

ensuring ADA compliance. Business owners must be cautious in sending any

correspondence. NFIB/Ohio will closely monitor this legislation as the

requirement for a business to respond to an alleged violation can result in

potential liability down the legal road.

Status: Introduced November 6, 2013. Passed the Ohio House Judiciary

Committee on May 22, 2014. Waiting action by the full Ohio House.

FALSE CLAIMS ACT – House Bill 317 – Sponsored by Representative Barbara Sears (R –

Sylvania)

Regarding reforms relating to Medicaid, fraud committed against the state,

penalties for certain drug offenses committed against pregnant women, non-opiate

medication for released inmates, prescription-related identification requirements,

and education for individuals without a high school diploma, and to amend the

versions of sections 3317.01 and 3317.022 of the Revised Code that are scheduled

to take effect July 1, 2014.

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NFIB/Ohio Position: Oppose

Analysis: The bill allows an individual to file suit on behalf of the state when a

vendor doing business with the state is alleged to have committed fraud,

withholding payments, or other civil violations. It permits the AG to join the suit.

The bill awards a percent of damages to the individual. The bill allows recovery

for attorney’s fees and other costs on top of the treble damages when the vendor is

found guilty or settles. This has the very real potential to increase the number of

suits against businesses. It is expected that the arguments will be made that few

frivolous suits will be filed because an individual will have limited resources to

continue litigation and the AG will not join a suit he/she determines is frivolous.

Reality is, with the ability for 3rd

party financing of lawsuits and potential payout,

even in settlement is substantial, an individual may way those costs and see a

benefit. Remember settlement is not an admission of guilt, so much as it is

limiting liability. The bill is a Medicaid reform bill that contains the state false

claims act.

Status: Introduced October 24, 2013. Pending before the Ohio House Health &

Aging Committee.

COMPENSATORY DAMAGES ASSAULT CASES – House Bill 495 – Sponsored by

Representative Connie Pillich (D – Cincinnati)

To remove the cap on the amount of compensatory damages that represents

damages for noneconomic loss that is recoverable in a tort action when the tort

action is brought by a victim of rape, felonious assault, aggravated assault,

assault, or negligent assault.


Analysis: The bill removes the caps put in place on compensatory damages in

civil cases for victims of rape and other assaults. The caps were put in place

when comprehensive tort reform was enacted in 2003. NFIB/Ohio certainly does

not condone any violent acts but will monitor this bill to ensure the provisions are

not expanded to other cases.

Status: Introduced March 18, 2014. Pending before the Ohio House Judiciary

Committee.

PATENT TROLLING – House Bill 573 – Sponsored by Representative Kristina Roegner

(R – Hudson)

To prohibit a person from making a bad faith assertion of patent infringement, to

permit a person aggrieved by a bad faith assertion of patent infringement to bring

a tort action, and to authorize the Attorney General to investigate and to institute a

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civil action if the Attorney General believes a person has made a bad faith

assertion of patent infringement.


Analysis: This bill is in response to businesses receiving letters claiming they are

unlawfully using a patent and typically demanding significant monetary

compensation to the rightful patent owner. Given the sometimes exorbitant cost

associated with combatting a lawsuit, no matter how frivolous, some businesses

will settle or make payment. The bill attempts to root out frivolous suits while

maintaining the ability of rightful patent infringement suits to proceed.

Status: Introduced May 27, 2014. Pending referral to committee in the Ohio

House.

EMPLOYEE PRIVATE PASSWORD PROHIBITION – Senate Bill 45 – Sponsored

by Senator Charleta Tavares (D – Columbus)

To prohibit employers, employment agencies, personnel placement

services, and labor organizations from requiring an applicant or employee to

provide access to private electronic accounts of the applicant or employee.


Analysis: The bill prohibits an employer from requiring an employee to give up

passwords/access to private accounts, like social media. The challenge is the bill

creates a new protected class in Ohio’s civil rights statutes that affords all of the

protections and remedies included therein.

Status: Introduced February 19, 2013. Pending before the Ohio Senate

Commerce & Labor Committee.

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ENERGY

NATURAL GAS COMPETITION – House Bill 102 – Sponsored by Representative

Kristina Roegner (R – Hudson)

To change state policy regarding natural gas competition, to require assessments

on retail natural gas suppliers for subsidies granted in retail auctions, and to

require the assessments to be distributed to nonmercantile customers.


Analysis: The bill would discourage subsidies on standard choice offers done

through auctions and assess any natural gas retail supplier that grants subsidies

based upon per-customer basis and give the assessment to the natural gas

company that held the auction to distribute back to non-mercantile customers.

Status: Introduced March 13, 2013. Pending before the Ohio House Public

Utilities Committee.

ENERGY EFFICIENCY MANDATE REVIEW – Senate Bill 58 and House Bill 302–

Sponsored by Senator Bill Seitz (R – Cincinnati) and Representative Peter

Stautberg (R – Cincinnati)

To review and possibly modify the energy efficiency, peak demand

reduction, and alternative energy resource provisions established by Ohio law

governing competitive retail electric service.


Analysis: The bill is currently serving as a placeholder while the Senate Public

Utilities Committee does hearings on the impact of Ohio’s energy efficiency

mandate. NFIB/Ohio was not supportive of the mandate when it went through the

legislature over three years ago. We will continue to monitor the hearings and

work to ensure small business is not asked to disproportionately bear the brunt of

any legislative decision. We will be working to ascertain and understand the cost

utilities shift to small business to pay for efficiency mandates.

Status: Introduced February 27, 2013 and October 16, 2013. Pending before the

Ohio Senate Public Utilities Committee and Ohio House Public Utilities

Committee.

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ENERGY EFFICIENCY MANDATE FREEZE – Senate Bill 310 – Sponsored by Senator

Troy Balderson (R – Zanesville)

To make changes to the renewable energy, energy efficiency, and peak demand

reduction requirements and to create a study committee.


Analysis: The bill requires the energy efficiency mandates put in place in 2008 to

be frozen until such time as a study committee can make recommendations on

proceeding. NFIB/Ohio is supportive of SB 58 which makes other changes to the

energy efficiency and renewal energy mandates. * The bill was substituted and

amended several times. The bill ultimately included a two-year pause and the

creation of a study committee comprised of legislators to study and make

recommendations on how to proceed. The mandates will continue in 2017 absent

any action by the General Assembly. The bill also allows large electric users to

opt-out of the mandates and adds to what may be counted toward the utilities

energy efficiency benchmarks. This last point should help reduce rates as the

benchmarks should be easier to achieve without having to purchase higher cost

energy. The Senate, at the behest of Governor Kasich, removed a provision that

would have allowed any ratepayer to opt-out after January 1, 2017, if the

aggregate cost of the mandates exceeded 3%. This was the exit strategy for

NFIB/Ohio members who wished to escape the mandates. The removal of this

provision was essentially traded for the new counting however with the counting

NFIB/Ohio members will still be subject to the mandates after 2017.

Status: Introduced March 28, 2014. Passed the Ohio Senate on May 8, 2014, by

a vote of 21-11. Passed the Ohio House on May 28, 2014, on a vote of 55-42.

Senate concurrence on May 28, 2014. Signed by Governor Kasich on June 15,

2014.

LEGISLATIVE UPDATE 130th OHIO GENERAL ASSEMBLY › NFIB › AMS Content... · TAX EXPENDITURE...

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