12/23/2020
Calfee Update: Ohio General Assembly Concludes Work and the 133rd Session
The Ohio House and Senate conducted another pair of long-lasting sessions today to conclude their work for the year and to close the 133rd session. However, after the House appeared to end their work for the year, the Senate proceeded to pass multiple House bills that would require a concurrence vote by the House.
One the biggest items that the chambers had outstanding coming into the day was not addressed - a potential override of Gov. Mike DeWine's veto of legislation (SB 311) restricting future emergency health orders. SB 311 cleared both chambers with enough support to seemingly facilitate an override. But that move would have to begin in the Senate, where Senate President Larry Obhof (R-Medina) said Friday he is prioritizing negotiations with the administration over an override at this point. He said those conversations with the governor also cover pending legislation (HB 621) awaiting a Senate vote that would loosen future business restrictions via health orders. In the end, perhaps in part because the House Republican caucus was missing 6 members today leaving them short of the required 60 votes for an override, the Senate did not take up this issue and the Governor’s veto stands.
Also not addressed was the repeal/delay of the implementation of House Bill 6, the nuclear subsidy bill. However, a Franklin County judge issued a preliminary injunction yesterday that blocks the portion of the bill that allowed for the collection of the nuclear subsidies, buying lawmakers time to reach a compromise plan.
While the legislature did not act on those issues, there was action on a number of other bills, including:
- HB 150, to provide a tax credit for newly formed banks for their first three years and to exclude the principal balance of mortgage loans sold by a mortgage lender from the lender's commercial activity tax gross receipts
- HB 263, to revise the initial occupational licensing restrictions applicable to individuals convicted of criminal offenses
- HB 295, to establish requirements governing low-speed micromobility devices and to allow the sale of certain used tires for specific vehicles
- HB 409, to address waiving certain requirements in education law to account for the COVID-19 pandemic
- HB 444, to make various changes to township law
- HB 665, to modify the laws governing agricultural societies, to recodify the law governing amusement ride safety, and to address funding and other issues related to county and state fairs
- SB 33, to modify certain criminal offenses with respect to critical infrastructure facilities and to impose fines and civil liability for damage to a critical infrastructure facility
- SB 68, to allow the completion of a community service program in lieu of payment of driver's license reinstatement fees in certain instances, authorizes an 8-year renewal cycle for drivers licenses and related provisions
After the House left for the evening, the Senate proceeded to pass several House bills with amendments that would require a concurrence vote – such as House Bill 75 (property tax complaints); House Bill 38 (updates to banking regulations); and House Bill 609 (temporary tax amnesty program). It is unclear at this point whether the House will return to concur on these bills.
All bills will be sent to the Governor for signature shortly, whereupon he will have 10 days to sign, veto or let the measures become law without his signature.
Whether the House returns or not, the 134th General Assembly will convene on January 4, 2021.
Please let us know if you have any questions and have a wonderful holiday season.
Maryellen K. Corbett
Attorney at Law
614.621.7754 Office
614.621.0010 Fax
Calfee, Halter & Griswold LLP
1200 Huntington Center
41 South High Street
Columbus, OH 43215-3465