LEGISLATIVE UPDATE 131st OHIO GENERAL ASSEMBLY Content/Attachments/1/1... · 2016-03-16 · to stay in Ohio after completion of coursework. Status: Introduced January 28, 2015

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LEGISLATIVE UPDATE

131st OHIO GENERAL ASSEMBLY

MARCH 2016

TABLE OF CONTENTS

Budget and Taxes Workforce Grant Program …………………………………… 4

Business Filing Fees …………………………………… 4

Income Tax Reductions …………………………………… 5

State Operating Budget …………………………………… 5

Tax Expenditure Review …………………………………… 6

Municipal Tax Lawsuit …………………………………… 6

Use Tax Seller’s Nexus …………………………………… 6

Business Income Tax Rate Correction …………………………………… 7

Sales Tax Holiday …………………………………… 7

Pass-Through Entity Tax Changes …………………………………… 8

State Government Government Expenditure Database …………………………………… 9

Ban the Box – Gov’t. Employee …………………………………… 9

Residency Requirement Public Works …………………………………… 9

Prevailing Wage Repeal …………………………………… 10

Drug Testing Unemployment Recipients …………………………………… 10

Civil Asset Forfeiture …………………………………… 11

Small Claims Court Increase Limit …………………………………… 11

Small Business Linked Deposit Program …………………………………… 12

Anti-Monopoly Constitutional Amendment …………………………………… 12

Public Assistance Review …………………………………… 12

Adult Changing Table Mandate …………………………………… 13

Constitutional Right Employer Discharge …………………………………… 13

Healthcare Healthcare Reform …………………………………… 14

Opioid Mandate …………………………………… 14

Autism Mandate …………………………………… 15

Telemedicine Mandate …………………………………… 15

Contraceptive Mandate …………………………………… 15

Hearing Aid Mandate …………………………………… 16

Prior Authorization …………………………………… 16

Health Insurance Exchange …………………………………… 17

Out of Pocket Limit Rare Disease Drugs …………………………………… 17

Universal Healthcare …………………………………… 17

Labor Equal Pay for State Contracts …………………………………… 19

Employee Classification …………………………………… 19

Right to Work …………………………………… 20

Minimum Wage Increase …………………………………… 20

Minimum Wage Increase …………………………………… 21

Employee Credit History …………………………………… 21

Employee Social Media Protection …………………………………… 21

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Labor, cont’d. Ban The Box …………………………………… 22

Fair Wage Act …………………………………… 22

Employment Law Reform …………………………………… 23

Workers’ Comp/Unemployment Comp Industrial Commission Budget …………………………………… 24

BWC Budget …………………………………… 24

Military Spouse Unemployment Comp …………………………………… 24

Workers’ Comp Self Insurance …………………………………… 25

Industrial Commission Hearing Tracking …………………………………… 25

Workers’ Comp Subrogation …………………………………… 26

Unemployment Compensation Reform …………………………………… 26

Unemployment Debt Repayment …………………………………… 27 PTSD/Workers’ Comp First Responders …………………………………… 27

Firefighter Presumptive Cancer BWC …………………………………… 28

Loss of Use …………………………………… 28

Tort Reform/Civil Justice TiPAC …………………………………… 29

Patent Trolls …………………………………… 29

No Pay No Play …………………………………… 29

Sexual Orientation Discrimination …………………………………… 30

Energy and Environment Energy Mandate Freeze Repeal …………………………………… 31

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BUDGET AND TAXES

WORKFORCE GRANT PROGRAM - House Bill 1 – Sponsored by Representatives

Kirk Schuring (R – Canton) and Nathan Manning (R-N. Ridgeville)

To establish the Workforce Grant Program, to authorize an income tax credit

equal to 25% of the student loan payments a grant recipient makes per year, and

to make an appropriation.

NFIB/Ohio Position: Interested Party

Analysis: The bill awards grants, up to $5,000 annually, to students who are

attending a public university, or community college and are pursuing a degree or

certificate in an in-demand field. The bill also stipulates that the student must

work/intern at a business in their field of study for 30 to 90 days. The total

appropriation is $100,000,000 to be distributed by the Board of Regents. The bill

could be expanded to include all schools including private to encourage Ohioans

to stay in Ohio after completion of coursework.

Status: Introduced January 28, 2015. Pending before the Ohio House Economic

and Workforce Development Committee.

BUSINESS FILING FEES – House Bill 3 and Senate Bill 26 – Sponsored by

Representatives Tim Derickson (R – Oxford) and Mark Romanchuk (R –

Mansfield) and Senator Larry Obhof (R – Medina)

To reduce certain business filing fees charged and collected by the Secretary of

State and to specify that Ohio-based companies are to have access to appropriate

features of the OhioMeansJobs web site.

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

Analysis: The bill reduces certain filing fees for business start-ups in Ohio

making them the lowest of neighboring states. The bill also gives all Ohio

businesses in good standing access to all the features of the OhioMeansJobs

website. The bill conceptually is attempting to ease the burden of starting a

business. The fee reduction does not impact existing businesses.

Status: Introduced January 28, 2015 and February 2, 2015. House Bill 3, the

vehicle, passed the Ohio House March 26, 2015 on a vote of 95-0 and the Ohio

Senate on June 3, 2015, on a vote of 32-0. Signed by Governor Kasich on June

24, 2015.

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INCOME TAX REDUCTIONS – House Bill 23 – Sponsored by Representative Ron

Amstutz (R – Wooster)

To use one-half of any income from oil and gas leases on state land to fund

temporary income tax reductions, to modify the law governing the use of new

Ohio use tax collections from remote sellers for income tax reductions, and to

require the Director of Budget and Management to recommend whether or not

income tax rates should be permanently reduced after the Director certifies a

temporary rate reduction resulting from the accrual of money in the Income Tax

Reduction Fund.


Analysis: The bill requires half of any income tax from oil and gas leases to be

put into the temporary income tax reduction fund. The bill requires OBM director

to evaluate the amount in the fund to determine if sufficient funds are accrued to

warrant a permanent income tax cut. The bill further requires, if/when federal

legislation is enacted regarding remote sellers, the money collected in sales and

use tax to be put toward income tax reductions.

Status: Introduced January 28, 2015. Passed the Ohio House on May 27, 2015,

on a vote of 78-16. Pending before the Ohio Senate Ways & Means Committee.

STATE OPERATING BUDGET – House Bill 64 – Sponsored by Representative Ryan

Smith (R – Galipolis)

Makes appropriations for the operations of the state.


Analysis: NFIB/Ohio focused primarily on the tax reform components of the

operating budget. The overall package results in a net tax reduction of $1.9

billion. There is a 6.3% across the board income tax reduction, a 75% deduction

on the first $250,000 of business income for pass-through entities in tax year 2015

and 100% in tax year 2016 plus a 3% flat tax above the $250,000, means testing

for retirement income credit and others. Creates a new definition of nexus for

out-of-state vendors for purposes of collecting and remitting use tax. On the civil

justice side, the Ohio Senate added language that undoes a component of tort

reform related to subrogation that will likely result in increased insurance

premiums. The budget appropriates nearly $72 billion over the biennium (July 1,

2015 – June 30, 2017).

Status: Introduced February 11, 2015. Concurrence vote in Ohio House on June

26, 2015, on a vote of 62-33, and the Ohio Senate on June 25, 2015, on a vote of

23-9. Signed by Governor Kasich on June 30, 2015.

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TAX EXPENDITURE REVIEW – House Bill 65 – Sponsored by Representative

Denise Driehaus (D – Cincinnati)

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


Analysis: The bill requires tax expenditures, of which nearly 140 exist, to be

reviewed on a biannual basis to determine public policy purpose and

effectiveness. The bill also creates a review committee to study all tax

expenditures and make a recommendation to the General Assembly.

Status: Introduced February 12, 2015. Pending before the Ohio House Ways &

Means Committee.

MUNICIPAL TAX LAWSUIT – House Bill 84 – Sponsored by Representatives Robert

Sprague (R – Findlay) and Martin Sweeney (D – Cleveland)

To require civil actions by taxpayers related to municipal income taxes be brought

against the municipal corporation imposing the tax rather than the municipal

corporation's tax administrator.


Analysis: The bill adjusts language in House Bill 5 from the 130th

GA

(municipal tax reform) to clarify that civil actions are brought against the

municipality not the tax administrator. NFIB/Ohio will be closely monitoring this

legislation to ensure nothing positive in HB 5 is undone.

Status: Introduced February 25, 2015. Pending before Ohio House Ways &

Means Committee.

USE TAX SELLER’S NEXUS – House Bill 232 – Sponsored by Representatives

Cheryl Grossman (R- Grove City) and Gary Scherer (R – Circleville)

To prescribe new criteria for determining whether sellers are presumed to have

substantial nexus with Ohio and therefore required to register to collect use tax, to

allow sellers presumed to have substantial nexus to rebut that presumption, and to

require a person, before the person enters into a sale of goods contract with the

state, to register, along with the person's affiliates, to collect use tax.


Analysis: The bill will lead to more individuals/companies, predominantly online

retailers, having Ohio nexus and thus liable for collecting and remitting use tax to

the state of Ohio. The bill expands the definitions of criteria for establishing

nexus by eliminating the need for physical presence/employees in the state to

affiliated individuals that are being used by the out-of-state company. The bill

will increase tax revenue for the state. NFIB/Ohio will monitor the progress of

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this bill for any amendments. Last survey of members indicated a split on the

internet taxation issue.

Status: Introduced May 27, 2015. Pending before the Ohio House Ways &

Means Committee.

BUSINESS INCOME TAX RATE CORRECTION – Senate Bill 208 and House Bill

326 – Sponsored by Senator Bill Beagle (R – Tipp City) and Representatives Ron

Amstutz (R – Wooster) and Jeff McClain (R – Upper Sandusky)

To provide that, for the 2015 taxable year, any taxable business income under

$125,000 for married taxpayers filing separately or $250,000 for other taxpayers

is subject to the graduated tax rates applicable to nonbusiness income, while

business income in excess of those amounts remains subject to the existing

3% flat tax.

NFIB/Ohio Position: Support

Analysis: The bill corrects an error from House Bill 64 the state operating

budget, whereby the flat 3% tax on business income would be applied to all

business income left after the 75% deduction instead of income in excess of

$250,000 as intended by the legislature. The bill also eliminates some now

defunct tax credits.

Status: Introduced September 3 and 8, 2015, in respective chambers. Senate Bill

208 was the vehicle. Passed the Ohio House on October 27, 2015, on a vote of

87-6 with Ohio Senate concurrence vote 30-0 on same date. Signed by Governor

Kasich on November 15, 2015.

SALES TAX HOLIDAY – Senate Bill 264 and House Bill 454 – Sponsored by Senator

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

Jefferson)

To provide for a permanent three day sales tax "holiday" each August during

which sales of back-to-school clothing and school supplies are exempt from sales

and use taxes.


Analysis: The bill makes permanent a three day sales tax holiday each August

for back to school supplies. NFIB/Ohio supported previous legislation that

created a one year holiday. A recent study conducted by University of Cincinnati

shows a $4.7 million economic boon for Ohio on ancillary purchases that were

taxable. Ohio is alone in the region in offering a sales tax holiday and some

border counties showed over a 15% increase in sales tax receipts for the month of

August. No appreciable decline in the bookend months was demonstrated.

Status: Introduced January 25, 2016 and February 9, 2016, respectively. Senate

Bill 264 passed the Ohio Senate on February 23, 2016, on a vote of 31-1, pending

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referral to committee in the Ohio House. House Bill 454 pending before the Ohio

House Ways & Means Committee.

PASS-THROUGH ENTITY TAX CHANGES – Senate Bill 288 – Sponsored by

Senator John Eklund (R – Munson Township)

To revise the law governing how taxes on income from pass-through entities is to

be reported and paid by the entities and their investors.


Analysis: The bill makes changes to the way pass-through entities (PTEs) must

comply with the tax code including moving to one form for filing, creating a 3%

standardized rate, and one uniform return due date. NFIB/Ohio will be working

to ensure that any changes are beneficial to our members and eliminate any

unintended consequences.

Status: Introduced March 2, 2016. Pending referral to committee in the Ohio

Senate.

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STATE GOVERNMENT

GOVERNMENT EXPENDITURE DATABASE – House Bill 46 – Sponsored by

Representatives Mike Dovilla (R – Berea) and Jonathan Dever (R – Cincinnati)

To require the Treasurer of State to establish the Ohio State Government

Expenditure Database.


Analysis: The bill requires political subdivisions, school districts, state entities

and vendors to report monthly to the Treasurer of State on the amount, date,

requester and recipient of expenditure. The data will be searchable,

downloadable, etc. A good government transparency bill. The impact of

compliance by impacted entities is still being evaluated.

Status: Introduced February 10, 2015. Passed the Ohio House on April 15,

2015, on vote of 95-0. Pending before the Ohio Senate Finance Committee.

BAN THE BOX GOV’T. EMPLOYEE – House Bill 56 – Sponsored by

Representatives Kirk Schuring (R – Canton) and Stephen Slesnick (D – Canton)

To limit the use of criminal records in the hiring and employment practices of

public employers.


Analysis: The bill prohibits public employers from inquiring about an applicant’s

criminal background until the public employer is prepared to make an offer of

employment. The bill does allow a public employer to notify applicants of

preclusion from employment for certain offenses related to the job. Although the

bill limits to public employers, ban the box can lead to a lengthy interview

process where an applicant will be ultimately be precluded from employment but

this is not known until long into the process. NFIB/Ohio will monitor to ensure

this bill applies only to public employers.

Status: Introduced February 10, 2015. Passed the Ohio Senate on December 9,

2015, on a vote of 32-1. Ohio House concurrence on December 9, 2015, on a

vote of 91-1.

RESIDENCY REQUIREMENT PUBLIC WORKS – House Bill 180 & Senate Bill

152 – Sponsored by Representative Ron Maag (R – Lebanon) and Senator Joe

Uecker (R – Loveland)

To prohibit a public authority from requiring a contractor to employ a certain

percentage of individuals from the geographic area of the public authority for the

construction or professional design of a public improvement.

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Analysis: The bill prohibits public authorities from requiring a certain number or

percentage of laborers on a public improvement project reside within a specific

geographic or service area of the public authority. This bill aims to end a new

phenomenon that discriminates against contractors that cannot meet residency

requirements to work on public projects. This tactic excludes many NFIB

members from doing such work that their tax dollars are funding. This bill

follows the same path as the Ohio Supreme Court ruling in Lima v. State that in

spite of home rule, cities cannot require their employees, for example police and

firefighters, to reside in the city of employment because it is a violation of that

employee’s protected rights.

Status: Introduced in both chambers on April 29, 2015. House Bill 180 passed

the Ohio House on June 30, 2015, on a vote of 61-31 pending before the Ohio

Senate Government Oversight and Reform Committee. Senate Bill 152 passed

the Ohio Senate on June 25, 2015, on a vote of 21-11, pending before the Ohio

House State Government Committee.

PREVAILING WAGE REPEAL – House Bill 282 – Sponsored by Representatives

Kristina Roegner (R – Hudson) and Ron Hood (R – Ashville)

To repeal the Prevailing Wage Law.


Analysis: The bill would repeal Ohio’s prevailing wage law which ties wages on

public local works projects to the area wages paid by organized labor. Depending

upon negotiated contracts, these wages may be higher than what many merit

shops pay and inflate the cost of labor, benefits, and ultimate project costs. Bids

should be given based upon ability to do the work coupled with the best price for

taxpayers. Artificially inflating wages based upon union-negotiated pay scales

may not achieve these goals. NFIB/Ohio has a long history of supporting the

repeal of prevailing wage to ensure all of our members have the opportunity to bid

and win on projects their tax dollars support.

Status: Introduced July 7, 2015. Pending before the Ohio House Commerce &

Labor Committee.

DRUG TESTING UNEMPLOYMENT RECIPENTS – House Bill 298 –

Sponsored by Representatives Tim Schaeffer (R – Lancaster) and Ron Maag (R –

Lebanon)

To require applicants for unemployment benefits to submit to a drug test under

certain circumstances, to require the Director of Job and Family Services to

operate an Ohio Works First drug testing pilot program, and to make an

appropriation.

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Analysis: The bill requires a program to be established to test individuals that

were separated from employment as a result of substance abuse. Also allows the

withholding of benefits for individuals that refuse to submit to a drug test.

Status: Introduced August 5, 2015, Pending before the Ohio House Community

and Family Advancement Committee.

CIVIL ASSET FORFEITURE – House Bill 347 & Senate Bill 236 – Sponsored by

Representatives Rob McColley (R – Napoleon) & Tom Brinkman (R –

Cincinnati) and Senator Kris Jordan (R – Delaware)

To eliminate civil asset forfeiture proceedings and to modify the law governing

criminal asset forfeitures.


Analysis: The bill eliminates civil asset forfeiture proceedings and increases the

burden of proof from preponderance to clear and convincing evidence for a

prosecutor to seize assets or property from individuals. The current process

allows for seizure of assets prior to any conviction seemingly violating

constitutionally protected rights. NFIB had a nation poll that indicates

overwhelming support for reform to this system/process.

Status: Introduced September 29, 2015 and October 27, 2015. Pending before

the Ohio House Judiciary Committee. Pending before the Ohio Senate

Government Oversight and Reform Committee.

SMALL CLAIMS COURT INCREASE LIMIT – House Bill 387 – Sponsored by

Representatives Lou Terhar (R – Cincinnati) and Jonathan Dever (R – Cincinnati)

To raise the maximum allowable limit of the monetary jurisdiction of small

claims divisions of municipal courts.


Analysis: The bill raises the amount that may be sought in small claims court

from three thousand to six thousand. The increase amount will help small-

business owners save money as these lower dollar thresholds tend to be handled

more expeditiously and not necessarily incur the cost of hiring counsel.

Status: Introduced November 2, 2015. Passed the Ohio House on February 24,

2016 on a vote of 94-0. Pending referral to committee in the Ohio Senate.

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SMALL BUSINESS LINKED DEPOSIT PROGRAM – House Bill 415 – Sponsored

by Representative Kirk Schuring (R – Canton)

To create the business linked deposit program, to permit credit unions to

participate in that program, to permit credit unions to participate in the

agricultural linked deposit program, and to make other changes to the linked

deposit law.


Analysis: The bill creates the business linked deposit program targeting small

businesses and in conjunction with the other linked deposit programs. The bill

requires a small business to employ 150 or fewer (predominantly Ohioans), be

organized for profit in Ohio and creates or preserves one full-time or two part-

time jobs for every $50,000 borrowed. Rates are lower than the current

borrowing rates. Loans capped at $400,000.

Analysis: Introduced December 14, 2015. Passed the Ohio House Financial

Institutions Committee on February 16, 2016. Pending a vote of the full House.

ANTI-MONOPOLY CONSTITUTIONAL AMENDMENT – House Joint Resolution

4 – Sponsored by Representatives Ryan Smith (R – Bidwell) and Mike Curtin (D

– Columbus)

To amend Section 1e of Article II of the Constitution of the State of Ohio to

prohibit an initiated constitutional amendment that would grant a monopoly,

oligopoly, or cartel, specify or determine a tax rate, or confer a commercial

interest, right, or license to any person or nonpublic entity.


Analysis: The resolution will put before the voters the question of whether to

prohibit initiated constitutional amendments that create monopolies, oligopolies

or cartels. This process can be circumvented by going to the Ohio Ballot Board

and having language certified to ask two questions to voters, one to circumvent

this amendment and the second for approval of proposed amendment.

Additionally any other proposed amendment on the ballot on November 3, 2015,

that conflicts with this amendment shall not take effect.

Status: Introduced on June 17, 2015. Passed the Ohio Senate on June 30, 2015,

on a vote of 20-9. House concurred on June 30, 2015, on a vote of 72-15.

PUBLIC ASSISTANCE REVIEW – Senate Bill 8 – Sponsored by Senator Dave Burke

(R – Marysville)

It is the intent of the General Assembly to review the utilization and delivery of

existing public assistance programs to maximize the opportunity of benefit

recipients to lead full and successful lives.

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Analysis: The bill simply states the goal of reviewing public assistance programs

in hopes of reducing the rolls and transitioning folks off of the these programs.

There are no committees, goals, etc. yet detailed.

Status: Introduced February 2, 2015. Pending before the Ohio Senate

Agriculture Committee.

ADULT CHANGING TABLE MANDATE – Senate Bill 112 – Sponsored by Senator

Peggy Lehner (R – Kettering)

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

changing station.

NFIB/Ohio Position: Opposed

Analysis: The bill requires that every building constructed after January 1, 2017,

to have at least one rest room with an adult changing station. The bill requires

various specifications on size, weight loads, etc. of the table. This mandate just

subjects builders and owners to new fronts on which to be sued should one such

specification not meet the specifics of the law.

Status: Introduced March 4, 2015. Pending before the Ohio Senate State &

Local Government Committee.

CONSTITUTIONAL RIGHT EMPLOYER DISCHARGE – Senate Bill 180 –

Sponsored by Senator Joe Uecker (R – Loveland)

To prohibit an employer from discharging or otherwise discriminating against a

person who exercises a constitutional or statutory right within the person's private

real property or motor vehicle.


Analysis: The bill prohibits an employer from terminating or not hiring an

individual for exercising his/her constitutional rights in his/her vehicle even if on

employer premises. For example, having a firearm in the vehicle. This bill does

create a discriminatory practice and elevates this protection to a protected class.

NFIB/Ohio has raised concerns with the sponsor regarding the open-ended

wording of the bill and some unintended consequences that may arise.

Status: Introduced June 10, 2015. Pending before the Ohio Senate Civil Justice

Committee.

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HEALTHCARE

HEALTHCARE REFORM – House Bill 157 – Sponsored by Representative Jim Butler

(R – Oakwood)

To revise the laws governing health insurance coverage, medical malpractice

claims, the Medicaid program, health care provider discipline, and required and

permitted health care provider disclosures; and to create the Nonstandard Multiple

Employer Welfare Arrangement Program and to terminate that program after five

years.


Analysis: The bill revises nearly the entire healthcare system in Ohio. Creates a

panel for adjudication of malpractice claims, a new board for discipline for

malpractice claims against providers, an office of medical purchasing requiring

any entity that accepts state money to purchase through this office attempting to

recognize bulk purchasing power. Further bill requires new procedure, treatment

and billing for non-emergency services, requires out-of-pocket disclosure and

patient consent for charges on non-emergency services. Establishes the Healthy

Ohio Program which establishes an HSA type plan for Medicaid recipients and

requires some contribution from enrollees. Establishes a new MEWA program

allowing trade associations to establish MEWAs with upfront capitalization

coming from the state to create small-employer self-insured pools.

Status: Introduced April 15, 2015. Pending before the Ohio House Insurance

Committee.

OPIOD MANDATE – House Bill 248 – Sponsored by Representatives Robert Sprague

(R – Findlay) and Nickie Antonio (D – Lakewood)

To prohibit certain health care plans and the Medicaid program from denying

coverage for opioid analgesic drugs with abuse deterrent technology based solely

on cost.


Analysis: This bill is a health insurance mandate that requires group health

policies issued in the state to provide opioid drugs that are tamper resistant. The

bill does not allow for a different schedule for these drugs versus their non-tamper

resistant counterparts meaning insurance companies are unable to require higher

co-pays/deductibles for these drugs. This will lead to higher mutualized costs on

the small-group and individuals markets.

Status: Introduced June 8, 2015. Pending before the Ohio House Health &

Aging Committee.

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AUTISM MANDATE – House Bill 350 – Sponsored by Representatives Cheryl

Grossman (R – Grove City) and Lou Terhar (R – Cincinnati)

To mandate coverage of autism treatment.


Analysis: The bill builds off the action taken by Ohio to include autism spectrum

disorder in the definition of habilitate services, one of the ten essential health

benefits of the ACA. This bill would require grandfathered plans and large-group

fully-insured plans (more than 50 employees) to provide coverage for autism

spectrum disorders. Like all mandates the bill is limited in scope of coverage.

With a large group of people getting coverage from self-insured plans which are

exempt from this mandate, this bill leaves small businesses to bear the entire brunt

of the cost associated under the guise of coverage for everyone.

Status: Introduced October 1, 2015. Pending before the Ohio House

Government Accountability and Oversight Committee.

TELEMEDICINE MANDATE – Senate Bill 32 – Sponsored by Senator Charletta

Tavares (D – Columbus)

Regarding insurance and Medicaid coverage of telemedicine services.


Analysis: The bill requires that any fully-insured plan allow telemedicine

services and not subject to any great deductible or co-pay greater than a face-to-

face consultation. The bill further stipulates that the Medicaid program can’t

force telemedicine in lieu of face-to-face. Notably absent are public plans.

NFIB/Ohio is working to understand any negative repercussions of this mandate

versus cost savings that may be recognized.

Status: Introduced February 9, 2015. Pending before the Ohio Senate Medicaid

Committee.

CONTRACEPTIVE MANDATE – Senate Bill 68 – Sponsored by Senator Charletta


To require health insurers to provide coverage for contraceptive drugs and devices

approved by the United States Food and Drug Administration and to prohibit

employment discrimination under the Ohio Civil Rights Law on the basis of

reproductive health decisions made by a person or a person's dependent or on the

basis of the employer's personal beliefs about drugs, devices, and services related

to reproductive health.


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Analysis: NFIB has staunchly opposed any expansion of state-imposed health

insurance mandates. They only include approximately 25% of the insured market

leaving significant gaps in coverage. Further, these costs are exclusively born on

the backs of small-group and individual policy holders who are not exempt like

their larger brethren due to federal ERISA law. The bill also adds a

discrimination provision possibly opening employers up to new avenues for

litigation.


Insurance Committee.

HEARING AID MANDATE – Senate Bill 98 – Sponsored by Senator Edna Brown

(D – Toledo)

To require health insurers to offer coverage for hearing aids.


Analysis: The bill requires that all health insurance policies that provide basic

coverage be required to include a benefit of no less than $1,500 per year over

three years. The bill also prohibits any deductible or co-pay charges. Like all

mandates they are only applicable to the fully-insured market, arguably the most

volatile, leaving significant coverage gaps.

Status: Introduced March 3, 2015. Pending before the Ohio Senate Insurance

Committee.

PRIOR AUTHORIZATION REQUIREMENTS – Senate Bill 129 – Sponsored by

Senators Randy Gardner (R – Bowling Green) and Capri Cafaro (D –

Youngstown)

To amend the law related to the prior authorization requirements of insurers.


Analysis: Requires insurers to respond to requests for prior authorizations within

a specified timeframe or the authorization is granted. Requires a standard form to

be created by Dept. of Insurance for prior authorization requests. Requires

denials to be made by a medical professional. The bill aims to provide more

certainty for both patient and provider with respect to requests for prior

authorization and to expedite the approval/denial process when medically

necessary procedures must be done quickly.

Status: Introduced March 16, 2015. Passed the Ohio Senate December 9, 2015,

on a vote of 33-0. Pending before the Ohio House Insurance Committee.

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HEALTH INSURANCE EXCHANGE – Senate Bill 132 – Sponsored by Senators

Michael Skindell (D – Lakewood) and Charleta Tavares (D – Columbus)

To establish the Ohio Health Benefit Exchange Program consisting of an

exchange for individual coverage and a Small Business Health Options Program.


Analysis: The bill would establish a state-based health insurance exchange per

the Affordable Care Act. Ohio has resisted running a state-based exchange

instead electing to allow the federal government to do so. This bill establishes a

board and mission for both individuals and small business health insurance

purchasers.


Committee.

OUT OF POCKET LIMIT RARE DISEASE DRUGS – Senate Bill 135 – Sponsored

by Senators Capri Cafaro (D – Youngstown) and Shannon Jones (R – Springboro)

To limit the out-of-pocket cost to an individual covered by a health plan for drugs

used to treat rare diseases.


Analysis: The bill limits the costs to an individual who has prescription health

coverage for drugs used to treat rare diseases. It caps expenses at $150 for a one

month supply, allows individuals to request addition of drugs to this category and

prohibits an insurer from putting all drugs in a given class into a specialty tier.

The bill reads like a health insurance mandate in that it has the notwithstanding

language. Analysis ongoing to understand what premium impact this may have

on all policies given the limit on charges and the potential for mutualizing the

costs across all policy holders to recoup costs.


Committee.

UNIVERSAL HEALTHCARE – Senate Bill 137 – Sponsored by Senators Michael

Skindell (D – Lakewood) and Charleta Tavares (D – Columbus)

To establish and operate the Ohio Health Care Plan to provide universal health

care coverage to all Ohio residents.


Analysis: The bill eliminates the competitive market for health insurance in favor

of a universal, government run program. The bill is funded through employer

payroll assessments of no more than 3.85% in first year, assessments on gross

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receipts of employers not to exceed 3% in the first year, assessments on income

tax of 6.2% and for those earning over $200,000 an additional 5%.

Status: Introduced April 6, 2015. Pending before the Ohio Senate Insurance

Committee.

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LABOR

EQUAL PAY FOR STATE CONTRACTS – House Bill 330 – Sponsored by

Representatives Stephanie Howse (D – Cleveland) and Kathleen Clyde (D –

Kent)

To require a contractor or person submitting a bid or other proposal for a state

contract or a business entity applying for a grant or other economic incentive from

a state agency to obtain an equal pay certificate, to require state agencies and

political subdivisions to establish a job evaluation system to identify and

eliminate sexbased wage disparities among classes of employees, and to prohibit

an employer from retaliating against an employee who discusses the employee's

salary or wage rate with another employee.


Analysis: The bill requires that any state agency contracting for public works,

goods or services or awarding any economic incentives first obtain an equal pay

certificate. It gives authority to the Director of Administrative Services rule

making authority as well as the ability to determine who should be disqualified.

The bill requires private employer disclosure of salaries, salary history, bonuses,

and other benefits. The intent is to show that male employees are not receiving

greater compensation than their female coworkers. The bill also creates a right of

action should any employer dismiss an employee for discussing his/her earnings.

The bill creates more paperwork for employers that wish to do public works. It

forces disclosure of sensitive information and leaves employers vulnerable to

lawsuits. NFIB/Ohio believes the employer/employee relationship should and

will dictate earnings.

Status: Introduced September 14, 2015. Pending before the Ohio House State

Government Committee.

EMPLOYEE CLASSIFICATION – House Bill 355 – Sponsored by Representative

Wes Retherford (R – Hamilton)

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

to prohibit employee misclassification under those laws.


Analysis: The bill scraps the 10 prong test for determination of employee versus

independent contractor and implements the IRS test. The bill gives the BWC

Administrator Authority to subpoena records, have access to business papers, do

on-site inspections, and issue a work stoppage and assess heavy fines and

penalties up to $5,000 per day for any violation of work stoppage order.

Additionally, the bill establishes criminal penalties for any subsequent violation

of employee classification within 5 years including felony one. This bill claims to

create a uniform definition of employee but will only serve to encourage

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harassing business owners who use subcontractors. The bills penalties go well

beyond reasonable.

Status: Introduced October 6, 2015. Pending before the Ohio House State

Government Committee.

RIGHT TO WORK – House Bill 377 – Sponsored by Representative Tom Brinkman (R

– Cincinnati)

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 would prohibit private sector employees from having to join or

pay dues to a union. The bill also establishes penalties including misdemeanor

with 90 days in jail and/or a fine up to $1,000. NFIB/Ohio members

overwhelmingly support the right of individuals to choose whether or not to join

an employee organization and feel it should not be a condition for employment.

Status: Introduced October 22, 2015. Pending before the Ohio House

Commerce & Labor Committee.

MINIMUM WAGE INCREASE – House Bill 486 – Sponsored by Representatives

Kent Smith (D – Euclid) and Hearcel Craig (D – Columbus)

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

beginning January 1, 2017.


Analysis: Increases the minimum wage to $10.10 per hour and indexes to CPI

per the Ohio Constitution. Like previous versions of bills that dictate minimum

wage, NFIB/Ohio is concerned about the impact on our members ability to pay

these increased wages and the unintended consequences that ensue. Employers

may automate, eliminate positions or in the most unlikely scenario, increase

prices. NFIB/Ohio members have consistently indicated the belief that the market

should dictate wages not the government.

Status: Introduced March 8, 2016. Pending referral to committee in the Ohio

House.

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MINIMUM WAGE INCREASE – Senate Bill 25 – Sponsored by Senator Kenny Yuko

(D – Richmond Heights)

To raise the minimum wage; to raise the salary threshold above which certain

employees are exempt from the overtime law; and to create a uniform standard to

determine whether an individual performing services for an employer is an

employee of that employer.


Analysis: The bill would increase the minimum wage to $10.10 per hour, raise

the salary threshold for exemption from the overtime law to $69,000 annually in

2017, and create a new test for employees. The bill creates a new set of factors

for determining whether an individual is an employee. The bill allows any

aggrieved party to bring suit and puts the burden on the person asserting an

individual is not an employee. Further the bill allows an aggrieved party to

recover 10% of any judgment against an employer for misclassification. The bill

creates a system whereby employers could be subjected to having to prove

employee status on a frequent basis by competitors or others.


Transportation, Commerce & Labor Committee.

EMPLOYEE CREDIT HISTORY – Senate Bill 65 – Sponsored by Senator Charletta


To specify that discrimination by an employer against any person because of the

person's credit history is an unlawful discriminatory practice under the Ohio Civil

Rights Law.


Analysis: The bill prohibits an employer from using a person’s credit history as a

means to not hire that individual or impact their ongoing employment or

opportunities. NFIB/Ohio does not condone discrimination. However, this bill

does create a new protected class potentially subjecting employers to new fronts

on which to be sued. Short of including employer protections as part of a more

comprehensive employment law revision, this bill is a non-starter.

Status: Introduced February 23, 2015. Pending before the Ohio Senate Civil

Justice Committee.

EMPLOYEE SOCIAL MEDIA PROTECTION – Senate Bill 70 – Sponsored by

Senators Charletta Tavares (D – Columbus) and Cecil Thomas (D – Cincinnati)

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.

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Analysis: The bill creates a protected class for electronic accounts, including

social media. NFIB/Ohio completely appreciates the need for privacy however

elevating to a protected class creates new fronts on which employers may be sued.

Short of including employer protections as part of a more comprehensive

employment law revision, this bill is a non-starter.



BAN THE BOX – Senate Bill 79 – Sponsored by Senator 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.


Analysis: The bill prohibits an employer from asking about an applicant’s

pleading guilty to or being convicted of a felony on a job application. The bill

does not preclude an employer from doing a background check. The bill appears

to include no penalties for non-compliance. NFIB/Ohio members believe they

should have the right to ask the question upfront and make their own decision

about how to handle any previous felonies.



FAIR WAGE ACT – Senate Bill 218 – Sponsored by Senator Charleta Tavares (D –

Columbus)

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 amends the pay discrimination statutes to include sexual

orientation and gender identity. Allows employers to justify wage differential if

several factors are met. For all wage discrimination creates a rebuttable

presumption for individuals that feel their employer did not adopt an alternative

employment practice that would eliminate the need for a wage differential.

Suspends the revised code sections related to tort actions. This bill will create

more avenues for employers to be sued.

Status: Introduced October 1, 2015. Pending before the Ohio Senate


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EMPLOYMENT LAW REFORM – Senate Bill 268 – Sponsored by Senator Seitz (R –

Cincinnati)

To repeal section 4112.14 of the Revised Code to modify Ohio civil rights laws

related to employment and the statute of limitations for other specified claims

against an employer.


Analysis: The bill would update Ohio’s employment laws to sync with federal

employment laws, particularly as it relates to statutes of limitation for filing of

claims. The bill eliminates filing in multiple venues at the same time, eliminates

supervisor liability for enforcement of a company policy, and puts a sliding scale

cap on damages based upon employer size. These reforms will also streamline

age discrimination lawsuits which have four different tracks of pursuit currently.

Status: Introduced February 1, 2016, pending before the Ohio Senate Civil

Justice Committee.

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WORKERS’ COMP & UNEMPLOYMENT COMP

INDUSTRIAL COMMISSION BUDGET – House Bill 51 – Sponsored by

Representative Bob Hackett (R- London)

Makes appropriations for the Industrial Commission for fiscal years 2016-2017.


Analysis: This is simply an appropriations bill. There is currently no policy

changes included. NFIB/Ohio will continue to monitor for any policy additions.

The bill appropriates $102.4 million over the biennium.

Status: Introduced February 10, 2015. Passed the Ohio House on March 11,

2015 on a vote of 96-0 and the Ohio Senate on June 24, 2015, on a vote of 32-0.

Signed by Governor Kasich on June 30, 2015.

WORKERS’ COMP BUDGET – House Bill 52 – Sponsored by Representative Bob

Hackett (R – London)

To make changes to the Workers' Compensation Law, to make appropriations for

the Bureau of Workers' Compensation for the biennium beginning July 1, 2015,

and ending June 30, 2017, and to provide authorization and conditions for the

operation of the Bureau's programs.


Analysis: The bill is not heavy on policy. Although one positive is the

elimination of the DWARF assessment built into employer premiums to raise

benefits for long-standing claims that have not kept pace with inflation. The

$552.4 million budget is a 4% decrease from the previous biennium. Analysis is

ongoing.

Status: Introduced February 10, 2015. Passed the Ohio Senate on June 25, 2015,

on a vote of 32-0. The Ohio House concurred on June 26, 2015, on a vote of 95-0.

Signed by Governor Kasich on June 30, 2015.

MILITARY SPOUSE UNEMPLOYMENT COMP – House Bill 105 – Sponsored by

Representatives Herschel Craig (D – Columbus) and Rick Perales (R – Dayton)

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 allow spouses of active duty military personnel to

receive unemployment compensation benefits if a transfer were to occur.

NFIB/Ohio supports the military and their families. However, as we are currently

borrowing from the federal government this expansion of benefits could trigger a

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$500+ tax increase on employers. Short of repaying the loan to the federal

government to eliminate this tax increase NFIB/Ohio must oppose this proposal.

Status: Introduced March 5, 2015. Pending before the Armed Services, Veterans

Affairs, and Public Safety Committee in the Ohio House.

WORKERS’ COMP SELF INSURANCE – House Bill 205 – Sponsored by

Representative Mike Henne (R – Dayton)

To modify the requirements for an employer to become a self-insuring employer

for purposes of the Workers' Compensation Law, to transfer authority over the

workers' compensation self-insurance program to the Superintendent of Insurance,

and to allow certain employers and groups of employers to obtain workers'

compensation coverage from a private workers' compensation insurer.


Analysis: The bill moves most oversight of self-insured, including the newly

eligible under the standards in the bill, to the Ohio Dept. of Insurance. The bill

allows trade associations to form groups for purposes of self-insuring through a

private carrier. NFIB/Ohio believes the need for benefit reform comes first and

then a look at the feasibility of moving to a competitive market should be

evaluated. This bill takes the latter before the former.

Status: Introduced May 12, 2015. Pending before the Ohio House Insurance

Committee.

INDUSTRIAL COMMISSION HEARING OFFICER TRACKING – House Bill 206

– Sponsored by Representative Mike Henne (R – Dayton)

To require the Industrial Commission to keep statistics on individual hearing

decisions of contested workers' compensation claims.


Analysis: The bill requires tracking of IC hearing officers findings on contested

workers’ compensation claims. While accountability is always good, the bill

raises concerns that IC officers may feel obligated to rule, outside of the fact

pattern, for a party based upon what percent they have ruled in immediate past

hearings. Also, the bill could lead to increased litigation if an employer or injured

worker believes they did not have an unbiased hearing officer.

Status: Introduced May 12, 2015. Pending before the Ohio House Insurance

Committee.

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WORKERS’ COMP SUBROGATION – House Bill 207 – Sponsored by

Representative Mike Henne (R – Dayton)

To allow a state fund employer to have a workers' compensation claim that is

likely to be subrogated by a third party paid from the surplus fund account in the

state insurance fund rather than charged to the employer's experience.


Analysis: The bill creates a system whereby an automobile accident that is

caused by a third-party would not go against an employer’s experience, instead

being paid from the surplus fund. The bill gives the Administrator discretion in

determining claims eligible for subrogation with appeal rights to the adjudicating

committee. Although limited in scope the bill does address a major third-party

claim issue, auto accidents. NFIB/Ohio will work to have more clear-cut

guidelines so employers have more clarity with respect to eligibility. Also, want

to protect the integrity of the fund and group rating programs so rerates do not

occur should a claim ultimately be found not eligible.

Status: Introduced May 12, 2015. Passed the Ohio House on December 1, 2015,

on a vote of 94-0. Pending before the Ohio Senate Insurance Committee.

UNEMPLOYMENT COMPENSATION REFORM – House Bill 394 – Sponsored by

Representative Barbara Sears (R – Sylvania)

To temporarily change the taxable wage base under Ohio's Unemployment

Compensation Law, to remove dependency classes for unemployment

compensation benefit eligibility, to temporarily freeze automatic increases for

weekly unemployment compensation benefit amounts, to reduce the number of

weeks for which an individual may receive unemployment compensation benefits,

to abolish the Unemployment Compensation Advisory Council, and to make other

changes to Ohio's Unemployment Compensation Law.


Analysis: The bill aims to address long-term solvency for Ohio’s unemployment

compensation system. The system, funded by employers, has an outstanding loan

to the federal government for borrowing to meet claims payments during the

economic recession. The loan is estimated to be repaid in 2017, however

systemic issues remain. The bill will temporarily increase the taxable wage base

from $9,000 to $11,000 aligning Ohio closer to neighboring states, temporarily

freeze automatic inflationary benefit increases, reduce weeks of eligibility on a

sliding scale based upon state unemployment rate, eliminate dependency

provision, and several other administrative efficiencies to help provide more

certainty for employers and claimants with respect to allowance or disallowance

of a claim. NFIB/Ohio believes this approach is balanced as the wage base will

return to $9,000 and benefits will return to inflationary level when Ohio’s trust

fund achieves a minimum safe level. The bill takes provisions from other states

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that have achieved solvency through benefit, wage base and administrative

reforms.

Status: Introduced November 9, 2015. Pending before the Ohio House

Insurance Committee.

UNEMPLOYMENT COMPENSATION DEBT REPAYMENT – House Bill 467 –

Sponsored by Representative Jim Butler (R – Oakwood)

To establish a loan from the Budget Stabilization Fund to the Unemployment

Compensation Fund, to require the Director of Job and Family Services to

recommend a program to incentivize the purchase of private unemployment

insurance, and to require a study on the solvency of the Unemployment

Compensation Fund.


Analysis: The bill would take a loan against the rainy day fund to repay the $775

million debt owed to the federal government for borrowing to meet

unemployment claim payments. The bill also tasks ODJFS to recommend a

program to incentivize purchase of private unemployment insurance as well as

conduct an actuarial study on the solvency of the UC system. The bill does

nothing to create long-term solvency. NFIB/Ohio strongly believes that paying

off the debt must go hand in hand with creating a system that meets long-term

solvency.

Status: Introduced February 16, 2016. Pending referral to committee in the Ohio

House.

PTSD/WORKERS’ COMP FIRST RESPONDERS – Senate Bill 5 – Sponsored by

Senator Tom Patton (R – Strongsville) and Edna Brown (D – Toledo)

To make peace officers, firefighters, and emergency medical workers 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 would allow first responders to be eligible for workers’

compensation benefits without an accompanying physical injury. The workers’

compensation system is premised on the notion that there must be a physical

injury to an injured worker for consideration of a mental allowance. Although

this bill is limited to first responders who are public workers, the precedent is

troubling. Should it be opened to the private sector, via statute or court ruling, it

would likely cost employers billions of dollars.

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Status: Introduced February 2, 2015. Passed the Ohio Senate Transportation,

Commerce & Labor Committee. Re-referred and pending before the Ohio Senate

Finance Committee.

FIREFIGHTER PRESUMPTIVE CANCER BWC – Senate Bill 27 and House Bill

292 – Sponsored by Senator Tom Patton (R – Strongsville) and Representative

Christina Hagan (R – Alliance)

To provide that a firefighter who is disabled as a result of specified types of

cancer is presumed for purposes of the laws governing workers' compensation and

the Ohio Police and Fire Pension Fund to have incurred the cancer while

performing official duties as a firefighter.


Analysis: The bill creates a presumptive assumption that any firefighter that is

diagnosed with a certain list of cancers provided for in the bill, acquired such

cancer as a result of their job duties for purposes of workers’ compensation. The

House Bill does stipulate municipalities and other volunteer firefighting

authorities have the ability to request a physical examination to determine the

presence of the specified cancers in the bill prior to hiring an individual as a

firefighter. Although this bill is limited to only firefighters, NFIB/Ohio will

continue to monitor this bill for any suggested expansion to the private sector.

Status: Introduced February 9, 2015 and July 22, 2015, respectively. Pending

before the Ohio Senate Insurance Committee and the Ohio House Insurance

Committee.

LOSS OF USE – Senate Bill 149 – Sponsored by Senator Joe Schiavoni (D –

Youngstown)

To make an individual who has lost the use of a body part due to a brain injury or

spinal cord injury eligible for partial disability and permanent total disability

compensation under the Workers' Compensation Law.


Analysis: The bill would provide large awards for loss of use when there is any

brain or spinal cord injury. And not necessarily an injury that causes death. This

guarantees big payouts for injuries where there is brain damage or paralysis. The

impact on the state-fund could be significant. Although, and fortunately, these

claims are not common, they can be very expensive.

Status: Introduced April 20, 2015. Pending before the Ohio Senate


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TORT REFORM/CIVIL JUSTICE

TiPAC – House Bill 10 and Senate Bill 38 – Sponsored by Representative Jim Butler (R

– Oakwood) and Senator Bill Seitz (R – Cincinnati)

To provide transparency in contracts between the state of Ohio 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 January 28, 2015 and February 9, 2015. Senate Bill 38

passed the Ohio Senate March 18, 2015, on a vote of 22-10 and the Ohio House

on April 29, 2015, on a vote of 61-34. Signed by Governor Kasich on May 12,

2015.

PATENT TROLLS – House Bill 194 – Sponsored by Representative Kristina Roegner

(R – Hudson)

To prohibit a person from engaging in the widespread sending of bad faith,

objectively baseless communications of patent infringement and to authorize the

Attorney General to investigate and institute a civil action if the Attorney General

believes a person has made such assertions of patent infringement.


Analysis: The bill aims to curb the practice of patent trolls who mail hundreds of

letters to businesses suggesting violations of patents and asking for a money to

make them go away. The bill is narrowly tailored to avoid federal preemption as

patent law is typically a federal issue. The bill also attempts to balance the need

to stop the practice of patent trolling but permit legitimate patent violation letters

to be sent.

Status: Introduced May 11, 2015. Pending before the Ohio House Judiciary

Committee.

NO PAY NO PLAY – House Bill 279 – Sponsored by Representative Mike Henne (R –

Dayton)

To generally prohibit individuals who do not maintain statutory minimum levels

of automobile insurance from collecting noneconomic damages for harm

sustained in a motor vehicle accident.


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Analysis: The bill precludes an individual that is in a motor vehicle accident

from collecting noneconomic damages if the individual does not carry the state

required minimum levels of auto insurance. There are exceptions in cases of

OMVI, hit and run commission of a felony and wrongful death. This bill is mean

to protect against subsidies by those that carry appropriate coverage over those

that do not.

Status: Introduced June 29, 2015. Pending before the Ohio House Insurance

Committee.

SEXUAL ORIENTATION DISCRIMINATION – House Bill 389 – Sponsored by

Representatives Nickie Antonio (D – Lakewood) and Denise Driehaus (D –

Cincinnati)

To enact the Ohio Fairness Act to prohibit discrimination on the basis of sexual

orientation or gender identity or expression, to add mediation to the list of

informal methods by which the Ohio Civil Rights Commission may use to induce

compliance with Ohio's Civil Rights Law before instituting a formal hearing, and

to uphold existing religious exemptions under Ohio Civil Rights Law.


Analysis: The bill adds sexual orientation and gender identity or expression to

the list of protected classes in Ohio. The bill also adds mediation as a possible

resolution mechanism at the civil rights commission before a formal hearing.

NFIB/Ohio in no way condones discrimination. In the context of adding

additional protected classes to the statute, it is appropriate to look at other

employment law reforms like prohibiting filing of claims at both the Commission

and in the court at the same time, instead letting one process play out to allow

employers to save time and resources.

Status: Introduced November 5, 2015. Pending before the Ohio House

Community and Family Advancement Committee.

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ENERGY AND ENVIRONMENT

ENERGY MANDATE FREEZE REPEAL – House Bill 472 – Sponsored by

Representative Fred Strahorn (D – Dayton)

To unfreeze the requirements for renewable energy, energy efficiency, and peak

demand reduction, to permit changes in and Public Utilities Commission action

on electric distribution utility portfolio plans in 2016, to revise the setback

requirement for economically significant wind farms, and to repeal the setback

requirement for wind farms of fifty megawatts or more.


Analysis: The bill reinstates the energy efficiency mandates put in place in 2008

in Senate Bill 221 and frozen during Senate Bill 310 from the 130th

GA. The bill

would require utility company compliance to meet the aggressive mandates

starting in 2017. If plans have been filed with PUCO those plans are to be

amended and refiled to comply with this bill. NFIB/Ohio opposed the original

mandates, supported SB 310, and remains concerned about the impact on cost of

energy as large industrial users are able to opt-out leaving smaller commercial and

residential customers to bear the brunt of the increased costs. NFIB/Ohio will

monitor this bill closely as it is the antithesis of the recently published Energy

Mandates Study Committee recommendation of continuing the freeze

indefinitely. Also recommended was looking to an model where companies could

opt-in to achieve efficiency in lieu of mandates, allowing those that wish to

partake the chance to do so.

Status: Introduced February 22, 2016, pending before the Ohio House Public

Utilities Committee.

Documents

LEGISLATIVE UPDATE 131st OHIO GENERAL ASSEMBLY Content/Attachments/1/1... · 2016-03-16 · to stay in Ohio after completion of coursework. Status: Introduced January 28, 2015