Legislative Update
Janice Lanier, JD, RN
Liaison Public Policy Committee

Members of the General Assembly continue to be enjoying a summer/fall break with very little going on legislatively. However, activities have not ground to a total halt, particularly with respect to the issues voters will decide at the General Election scheduled for November 7th. The Speaker of the House, Jason Stevens (R-Kitts Hill) plans few session days for that chamber between now and the end of the year, but some standing committees may be meeting at the committee chairs’ discretion, likely beginning in mid-September. Senate President Matt Huffman (R-Lima) has hinted that the senate will be addressing some of its priority issues that remain unresolved after the heavily amended budget bill failed to include a few key items in the final version signed by Gov. DeWine.

SB 83 (Cirino R-Kirtland) The senate’s controversial Ohio Higher Education Enhancement Act passed the senate on May 17th and ultimately was included in the senate-passed version of the state budget (HB 33). However, the language was removed from that bill by the conference committee so SB 83 must resume its journey through the legislative process. The measure is currently before the House Higher Education Committee where committee chair Rep. Tom Young (R-Dayton) expects it to see action this fall when a substitute bill, promised by the bill’s sponsor, is unveiled. One change according to Cirino will update a provision banning strikes by employees at public colleges and universities to exempt nonfaculty workers. Despite this change the Ohio Federation of Teachers (OFT) continues to oppose the bill, calling it a “fundamentally unnecessary and harmful bill that will make campuses safe spaces for hate speech and put Ohio’s colleges and universities at a competitive disadvantage.” Another change will alter the formula for annual faculty performance reviews. Under the senate-passed version, student evaluations would count at least 50% of the teaching component. The substitute bill would drop that percentage to 25%. Cirino is also proposing an appeals process for the annual evaluations and post-tenure reviews required by the bill. (Source: Gongwer (8/23/23) Bill’s strike ban, faculty evaluation provisions to see changes.)

Citizen-led initiatives on tap for November

There will be two statewide issues on the ballot (issue 1 and Issue 2) in November along with local candidates and possibly bond issues in certain areas. For those not already registered to vote, registration will be open until October 10th. The registration process can be completed online at olvr.ohiosos.gov. or by obtaining a hard copy registration form at local libraries, bureau of motor vehicle sites, county boards of election, public high schools or vocational schools, and certain state agencies. Hard copy forms must be returned to the voter’s county board of elections or the office of the secretary of state and received by the deadline (October 10th for the November election).

Issue 1 is a proposal to amend the state’s constitution to prevent the state from banning access to abortion, miscarriage care, contraception, fertility treatments, and other reproduction decisions. Abortions could be prohibited after fetal viability, typically about 22-24 weeks gestation, unless it is required to save the pregnant patient’s life or health. Ohio will be the only state in the nation voting on reproductive rights in November, which means the state will be closely watched by many advocacy groups and is likely to generate significant funding from sources outside Ohio.

The summary language that will appear on the ballot was approved 3-2 by the state’s Ballot Board along party lines with Issue 1 proponents arguing that the language as adopted omits key provisions of the actual amendment. Proponents wanted the full text of the amendment to be used rather than the summary language put forth by Secretary of State Frank LaRose (R). The summary language does not affect the amendment, but it will be the last information voters see before casting their ballot.

Given the partisan dispute, the best way to be an informed voter is not to rely on messages from advocacy groups, but to read the constitutional language oneself. It is straightforward, easily understood, and relatively concise. The full text of the amendment reads as follows:

1. “Every individual has a right to make and carry out one’s own reproductive decisions, including but not limited to decisions on contraception, fertility treatment, continuing one’s own pregnancy, and abortion.

2. The state shall not directly or indirectly burden, penalize, prohibit, interfere with or discriminate against either an individual’s voluntary exercise of this right, or a person or entity that assists an individual exercising this right, unless the state demonstrates it is using the least restrictive means to advance the individual’s health in accordance with widely accepted and evidence-based standards of care.

3. However, abortion may be prohibited after fetal viability, but in no case may such an abortion be prohibited if in the professional judgment of the pregnant person’s treating physician, it is necessary to protect the patient’s life. “

“’Fetal viability’ means the point in a pregnancy when, in the professional judgment of the pregnant patient’s treating physician, the fetus has a significant likelihood of survival outside the uterus with reasonable measures. This is determined on a case-by-case basis.”

Issue 2 is a citizen led legislative referendum that would legalize recreational marijuana in Ohio. Ohioans 21 or older would be able to buy and possess 2.5 ounces of marijuana, 15 grams of concentrate, and grow up to six plants per person or 12 plants per household. It also levies a 10% tax with the proceeds divided as follows:

• 36% to cannabis social equity and job fund,
• 36% to host community cannabis facilities,
• 25% substance abuse and addiction fund,
• 3% to the division of cannabis control and tax commission fund.

The proposal also creates a social equity and cultivation license for entrepreneurs who were disproportionately impacted by prohibition and prohibits local government from singling out marijuana operators for additional taxes and opt outs.

The proposal does not amend Ohio’s constitution. Rather, it creates statutory language for inclusion in the Ohio Revised Code. The drawback to this approach is that the state legislature (normally the branch of government that enacts laws) can repeal or revise the voter-approved code sections once they become part of Ohio law.

Currently, recreational marijuana is legal in 23 states (California, Oregon, Washington, Alaska, Nevada, Arizona, New Mexico, Colorado, Montana, Missouri, Illinois, New York, Michigan, Minnesota, Virginia, Maryland, Delaware, New Jersey, Massachusetts, Maine, Vermont, Rhode Island, and Connecticut. States, like Ohio, that have legalized medical marijuana include Utah, North Dakota, South Dakota, Iowa, Oklahoma, Arkansas, Louisiana, Mississippi, Alabama, Hawaii, Georgia, Florida, Kentucky, Pennsylvania, New Hampshire, West Virginia. In the ten remaining states marijuana is illegal for all purposes. (Source: MJ Biz retrieved 8/28/23 from https://mjbizdaily.com/map-of-us-marijuana-legalization-by-state/.)

The Ohio Health Commissioners are opposing the Issue as is a group called Protect Ohio Workers and Families.

Redistricting commission is back to the legislative redistricting drawing board.

The Ohio Redistricting Committee is set to resume its map drawing efforts just as a citizen-led initiative to once again amend Ohio’s Constitution to take politicians out of the redistricting process began its journey toward the general election ballot in November 2024. The current commission is comprised solely of elected officials, state legislators (2 republicans and 2 democrats) and 3 statewide executive branch officials the governor, secretary of state and state auditor (currently all republicans). The commission will focus its work on the Ohio house and senate districts for now. Earlier efforts to draw fair districts were found to be unconstitutional by the Ohio Supreme Court largely because of excessive gerrymandering*. However, the clock ran out for the commission to complete its task, so the state was ordered to revert to one of the earlier gerrymandered maps for the 2022 election and resume its work once the 2022 general election was over. Obviously, the Commission may once again run up against deadlines as the 2024 election is already beginning to generate multiple candidates even at this early date.

Lurking in the background is the bipartisan citizen-led initiative to amend Ohio’s constitution in 2024 to remove politicians or elected officials from the redistricting process through the creation of a new 15-member commission. The amendment language was submitted to the State Attorney General (AG) for review (the first step in the lengthy amendment process). The AG found the suggested language to be unacceptable and returned it to the citizen group for revisions. That revision process is underway now.

*Gerrymandering” Political manipulation of electoral boundaries with the intent to create undue advantage for a party, group, or socioeconomic class within the constituency.