Institute for Legislative Analysis

J. Kyle Koehler

This bill prohibits local governments from imposing additional regulations or bans on tobacco and alternative nicotine products. The bill is largely in response to actions taken by the city of Columbus to impose a local ban on flavored tobacco products. Support is the Limited Government Position as tobacco usage is an individual liberty which should be protected at every level of government, especially considering the U.S. Constitution only recognizes the role of the federal and state government.

Strengthening Individual Liberties by Prohibiting Local Bans on Tobacco and Alternative Nicotine Products.

This bill is designed to provide broad tax relief by allowing owners of businesses designated as pass-through entities (PTE)s to pay Ohio tax at the entity level versus the investor level. As a result, most small business owners are now able to deduct the full amount State and Local Taxes (SALT) they pay from their federal tax liability. The bill is in response to the 2017 Tax Cuts and Jobs Act (TCJA) passed at the federal level which limits state and local tax deductions to a maximum of $10,000 per taxpayer. Support is the Limited Government Position as the controversial SALT cap within the TCJA increased tax burdens on a number of small business owners. This broadly applied pro-growth tax measure helps ensure a greater amount of resources are kept in the private sector.

Providing Broad Tax Relief to Small Business Owners through a Mechanism that Allows Avoidance of the Federal $10k Cap on SALT Deductions.

The Callender amendment #4399 to a bill pertaining to animal cruelty authorizes Cuyahoga County to hold a ballot referendum to levy an additional tax on nicotine vapor products. The tax would be based on the product's wholesale price at a rate of up to 9%. The new revenue would be used to support the county's arts and cultural district. Oppose is the Limited Government Position as tobacco usage is an individual liberty which should not be punished by "sin taxes" including the state's $1.60 per pack cigarette tax. Furthermore, it is not the role of government to promote arts and culture.

Hiking Taxes on Nicotine Users by Authorizing an Additional Tax on Vaping Products in Cuyahoga County to Fund the Arts.

This resolution amends the Ohio Constitution to ensure voting in local elections is reserved for citizens only and prohibits localities from approving non-citizens to vote. The bill is in response to a case in the Southwest Ohio village of Yellow Springs where the council passed a charter amendment to allow all residents 16 years of age and older to vote - regardless of citizenship. Support is the Limited Government Position as ensuring the ability to vote is reserved for only citizens is a critical component to ensure free and fair elections, an essential component of democracy under our nation's constitutional republic.

Strengthening Election Integrity through a Constitutional Amendment to Prohibit Non-Citizens from Voting in Local Elections.

This bill contains over a dozen provisions that overhaul the state's election law. Most notably, the bill requires voters to present an ID when they cast their ballot in person, such as drivers' licenses, state IDs, and passports. The bill also requires completed mail-in ballots to arrive within four days of an election (previously ten), permits only one ballot drop box per county, prohibits curbside voting except in cases of disability, and requires voters wishing to vote by mail to request a ballot at least seven days prior to an election instead of three. Support is the Limited Government Position as requiring voters to present an ID and maintaining safeguards to prevent voter fraud are critical aspects of ensuring free and fair elections, an essential component of democracy under our nation's constitutional republic.

Reduce Voter Fraud by Strengthening Election Integrity through Voter ID and other Reforms to Mail-in-Voting.

This bill requires that each state agency reduces the regulatory restrictions contained in its rules by 30% by June 30, 2025. If an agency fails to achieve the reduction by that date the agency must eliminate two restrictions before enacting a new rule containing a restriction. The bill is partially in response to a study that found Ohio has the fourth most regulations out of over 40 states evaluated. Support is the Limited Government Position as the state is overburdening its economy through excessive regulations, as evident by its top-five regulatory ranking. This bill serves as a key mechanism to reduce the size and scope of government by eliminating unnecessary regulations implemented by government employees who are not accountable to voters.

Spurring Economic Growth by Requiring State Agencies to Reduce their Regulations by 30% by 2025.

This bill creates a "regulatory sandbox" to authorize companies to test certain financial products and services in Ohio on a temporary basis without having to obtain special authorization or undergo additional licensure. Support is the Limited Government Position as this measure helps spur innovation and expand consumer choice and competition in the marketplace. This measure is especially needed in Ohio where the state's regulatory code is plagued by over 274,000 restrictions, which is among the highest in the nation.

Bolstering Innovation in the Financial Industry through the Creation of a "Regulatory Sandbox" Program.

This bill contains a major provision which prevents all local governments (previously just municipal corporations and townships) from imposing rent controls or rent stabilization. "Rent controls" are price controls, which require landlords to rent their properties at below-market rates, while "Rent stabilization" restricts the ability of a landlord to raise a rent above a certain amount set by the government. Support is the Limited Government Position as rent controls and stabilization are price controls, which distort the free market, lead to shortages, and reduced consumer choice and quality. In the case of housing, fewer homeowners are incentivized to rent out their properties, and those that do rarely invest in upgrades or improve quality since they are unable to charge higher rents.

Strengthening Property Rights and Maintaining Housing Affordability by Preventing All Local Governments from Imposing Rent Controls.

This bill requires state agencies to lease state-controlled land for oil and natural gas drilling and fracking. Other notable provisions include the designation of natural gas as a "green energy" and prohibiting localities from enacting any additional regulations on pesticides. Support is the Limited Government Position as this bill expands American energy production, which results in lower consumer costs, and provides taxpayers additional revenue, allowing for reduced levels of taxation.

Increasing Ohio Energy Production by Advancing Oil and Gas Drilling Beneath State-Owned Land.

This bill makes a couple revisions to the state's labor laws concerning overtime. First, the bill exempts employee travel to and from a worksite or activity from overtime pay requirements. Second, the bill clarifies that an employee is not a plaintiff in a lawsuit alleging an overtime violation unless the employee first gives written consent to become a plaintiff and the consent is filed in court. Support is the Limited Government Position as employees and employers should be free to negotiate their own employment agreements and terms of compensation without undue interference by government. Government overreach and wage regulations drive up costs and ultimately reduce employment opportunities.

Expanding Employment Opportunities and Combatting Lawsuit Abuse through Revisions to the State's Overtime Laws.

This motion tables (defeats) the Skindell amendment #2887 to a bill regarding the state's overtime law. The Skindell amendment would have eliminated the language within the bill which clarifies that an employee is not a plaintiff in a lawsuit alleging an overtime violation unless the employee first gives written consent to become a plaintiff and the consent is filed in court. Support is the Limited Government Position as employees and employers should be free to negotiate their own employment agreements and terms of compensation without undue interference by government. The Skindell Amendment would have eliminated a key provision from the bill which helps protect employers from lawsuit abuse brought by deviant plaintiffs' attorneys. Such litigation merely drives up employment costs which limits wage and job growth.

Combatting Lawsuit Abuse by Requiring Employees to Provide Written Consent to Being Named Plaintiffs in Overtime-Related Lawsuits.

This bill requires state licensing authorities to recognize the occupational licenses held by individuals from other states, with certain exceptions. The bill also requires recognition of certification or work experience in cases where an individual is coming from a state that does not require a license for their occupation. The bill still requires individuals to pass an exam or undergo a background check if such actions are required for licensure by Ohio licensing authorities. Support is the Limited Government Position as the private sector, via certifications, rating systems, and the free market, is much better equipped to provide consumer protection while also ensuring competition and low consumer costs. Most government licensing entities are overly restrictive and are largely advocated by special interests seeking to restrict competition in the marketplace.

Reducing Employment Barriers and Expanding Competition by Enacting Occupational Licensing Reciprocity.

This bill makes a few reforms to the licensing requirements under the State Cosmetology and Barber Board. Specifically, the bill eliminates the licensing and registration requirements for an individual to perform "boutique services," such as natural hair styling. Additionally, the bill reduces regulatory barriers for an individual to provide services under a "boutique salon registration". Support is the Limited Government Position as the private sector, via certifications, rating systems, and the free market, is much better equipped to provide consumer protection while also ensuring competition and low consumer costs. The Cosmetology industry - due to many special interests such as cosmetology schools - represents one of the worst examples of government licensing run amuck. Countless states, including Ohio, require over a thousand hours of training to perform hair and beautification services, which should require a license to conduct. In comparison, an Emergency Medical Technician is required to undergo 150 hours of training in Ohio (equal to the national average), or less than a tenth of the amount of someone who provides haircuts.

Slightly Reducing the State's Overreaching Cosmetology Licensing Mandates.

This bill establishes several new requirements under the state's unemployment compensation system for the Department of Job and Family Services (ODJFS) to help reduce fraud. Some of the key provisions include providing ODJFS access to the state's driver's license database to help verify applicants' identities, only disbursing benefits by direct deposit to institutions with a physical location in the state, and establishing a verification system using state tax information in the event the federal government offers expanded benefits, such as during the COVID-19 pandemic. Support is the Limited Government Position as combatting fraud within the state's unemployment insurance system is critical to maintaining low payroll taxes for businesses that are forced to pay into the system. While unemployment insurance should not be carried out by government - rather, a system should be established whereby individuals and companies can purchase into a program on the private marketplace -, lawmakers have a duty to maintain the integrity of the system.

Reducing Unemployment Insurance Fraud through Multiple New Verification Requirements.

This bill authorizes local school boards to select certain school staff to arm and creates the Ohio School Safety and Crisis Center within the Department of Public Safety. The Center is tasked with maintaining a list of individuals the school board has approved to carry a firearm and providing instructions and firearm training to the individuals. Support is the Limited Government Position as ensuring public safety and protecting children is one of the most important functions of government. "Gun free zones" do not protect children, rather they place students and staff in defenseless positions against criminals who do not abide by the law. This measure helps prevent tragedies by ensuring carefully vetted and trained staff are able to protect themselves and their school community.

Strengthening School Security by Permitting School Boards to Train and Arm Certain School Staff Members.

This bill prohibits a locality from establishing any ordinance or regulation that inhibits a person's ability to own or carry a knife. The bill also establishes that knives as arms are necessary for the exercise of fundamental individual rights, along with firearms and firearm ammunition. Support is the Limited Government Position as James Madison and our nation\'s other founding fathers understood that the right to keep and bear arms (including knives) is a crucial individual liberty and protects the citizenry against a tyrannical government.

Strengthening Individual Liberties by Preventing Localities from Infringing on the Right to Own or Carry Knives.

This motion tables (defeats) the Miranda amendment #3535 to a bill that preempts regulations on knives by localities. The Miranda amendment bans "large capacity magazines" that store more than 10 rounds of ammunition. Additionally, the amendment requires all private firearm sales undergo background checks conducted through federal firearm licensees (FFLs). Support is the Limited Government Position as James Madison and our nation\'s other founding fathers understood that the right to keep and bear arms is a crucial individual liberty and protects the citizenry against a tyrannical government. This measure also places a new cost and burden on purchasing a firearm, which countless studies have found does nothing to deter criminals from continuing to engage in unlawful behavior.

Blocking a Ban on "Large Capacity Magazines" and a Mandate that Private Firearm Sales Undergo Background Checks through FFLs.

This bill declares that firearm businesses and services are "essential" for purposes of safety and security and prohibits them from being shut down during a declared emergency. Furthermore, the bill prevents both state and local governments from seizing, requiring registration of, or curtailing the carrying of firearms during a declared emergency. Support is the Limited Government Position as James Madison and our nation\'s other founding fathers understood that the right to keep and bear arms is a crucial individual liberty and protects the citizenry against a tyrannical government. It is especially critical to safeguard Second Amendment rights during states of emergency when individuals are most threatened and vulnerable to danger.

Safeguarding Second Amendment Rights During States of Emergency by Prohibiting Firearm Seizures or Business Shutdowns.

This bill authorizes qualifying adults 21 years and older to carry a concealed firearm without having to obtain a special permit from the state - a measure commonly referred to as "constitutional carry". To carry, an individual must be a legal resident, not convicted of a felony or misdemeanor within the past three to five years, not be mentally ill, and otherwise not forbidden under state or federal law. Support is the Limited Government Position as James Madison and our nation\'s other founding fathers understood that the right to keep and bear arms is a crucial individual liberty and protects the citizenry against a tyrannical government. This measure helps reduce unnecessary barriers for lawful individuals wishing to exercise their Second Amendment rights, barriers which do nothing to deter criminals from engaging in unlawful behavior.

Strengthening Second Amendment Rights by Enacting "Constitutional Carry" Allowing Qualified Adults 21 and Older to Carry a Concealed Firearm without a Special Permit.

This motion tables (defeats) the Kelly amendment #2708 to the firearm constitutional carry bill. The amendment requires all federally licensed firearm dealers in the state to provide handgun purchasers with a foldable brochure produced by the state, which details state laws surrounding firearms and the "stand your ground" self-defense law. Oppose is the Limited Government Position as this measure serves as yet another unnecessary regulatory burden placed on firearm businesses. Private firearm businesses should not be forced to serve as marketing employees for government public service campaigns.

Blocking a Mandate which Forces Private Firearm Businesses to Distribute Brochures to Customers on Firearm Laws and Regulations.

This motion tables (defeats) the Galonski amendment #2704 to the firearm constitutional carry bill. The amendment allows for the issuance of "extreme risk protection orders," or a "red flag" program, whereby individuals may seek to have a firearm immediately taken away from another person through an "ex-parte" (one-sided) petition to a court if the individual alleges the firearms owner is a danger to themselves or others. Oppose is the Limited Government Position as the one-sided petition violates due process under the law (an individual can't provide their defense) and this program lacks provisions that prevent nefarious individuals from abusing the system to harass or harm law-abiding individuals, thus unduly infringing their Second Amendment protections and leaving them defenseless.

Blocking the Seizure of Firearms without Due Process through "Extreme Risk Protection Orders".

This bill authorizes the operation of remote dispensing pharmacies within the state. The bill requires each remote pharmacy to be staffed by at least two pharmacy interns or technicians and be operated by both a supervising pharmacy and pharmacist through the use of a telepharmacy system. Support is the Limited Government Position as this bill serves as a step in the right direction in expanding access to pharmaceutical drugs and reducing pharmacy costs. However, the bill would be much stronger if it removed certain anti-competitive provisions, such as limits on prescription refills and a requirement that the facility is at least ten miles from an outpatient pharmacy.

Reducing Costs and Expanding Access to Pharmaceutical Drugs by Authorizing Remote Dispensing Pharmacies.

This bill contains a number of provisions designed to foster school choice and a key provision that extends the authorization for public and charter schools to employ substitute teachers according to their own education requirements. Support is the Limited Government Position as schools should be provided the flexibility to hire the most qualified and effective educators. Additionally, responsibly expanding school choice helps create a "market in education", which ultimately leads to much better educational outcomes for all students.

Ensuring Public and Charter Schools can Hire the Most Effective Educators by Extending their Flexibility to Employ Substitute Teachers based on their Own Education Standards.

This bill amplifies criminal penalties against offenders who cause damage to property or injury to another during a riot. Under current law, the offense is a first degree misdemeanor. The bill retains that as the general penalty but increases the penalty to a fourth-degree felony when the offender causes injury or property damage. Support is the Limited Government Position as protecting property rights and ensuring public safety serve as essential components of government. This measure is especially necessary considering a number of localities and prosecutors have failed to hold criminals accountable for their actions, resulting in increasing crime rates.

Strengthening Property Rights by Holding Rioters Accountable for Damage and Injury.

This bill increases penalties for using or holding an "electronic wireless communications device" (i.e cell phone) while driving. Additionally, the bill makes violations a "primary offense" meaning an officer can stop a motorist if they observe the usage of a cell phone while driving. Previously, an officer could only stop and cite a motorist for a cell phone violation if they had committed another driving violation. Oppose is the Limited Government Position as these changes to the current law over-criminalize cell phone usage, especially at a time when more motor vehicles are becoming equipped with many autonomous technologies. A number of automotive manufacturers now have vehicles that can operate on highways and other major roadways with no driver involvement.

Over-Criminalizing Cell Phone Usage While Driving by Changing Violations from a Secondary to Primary Offense.

This resolution amends the state's Constitution to change how bail determinations are made, which will be presented before voters in the 2022 election. Under existing law, the state supreme court has governed the practice based on constitutional language requiring "sufficient sureties". This resolution requires courts to consider factors such as public safety, the seriousness of the offense, a person\'s criminal record, and a person\'s likelihood of returning to court when setting the amount of bail. Support is the Limited Government Position as upholding law and order and ensuring public safety serve as essential components of government. This resolution contains a key provision requiring the court to "consider public safety" when setting bail, a component that some individuals not committed to public safety have opposed.

Increasing Public Safety through a Constitutional Amendment Reforming how Bail Determinations are Made.

This bill contains provisions that provide greater ability for citizens and lawmakers to challenge executive branch regulations and actions. First, the bill allows challenges to government agencies' orders to take place in the county where the business or individual resides. Currently, all challenges must be heard in Columbus. Second, the bill gives the General Assembly the ability to hire its own lawyers to defend state laws, rather than rely on the attorney general. Support is the Limited Government Position as this bill helps provide citizens and lawmakers greater ability to challenge executive branch regulations and actions. Checks on government power are critical to maintaining a small and limited government.

Providing Citizens and Lawmakers Greater Ability to Challenge Executive Branch Regulations and Actions.

This bill places new regulations on how healthcare providers calculate co-pay deductibles for private health benefit plans. Specifically, the bill requires that if a consumer receives a coupon whereby a drug manufacturer covers all or part of the copayment for a drug, the value of the coupon must be counted towards the deductible of the consumer's health plan. Oppose is the Limited Government Position as it is not the role of government to interfere in private contracting agreements or provide certain companies within an industry with financial or negotiation advantages over their counterparts through the regulatory process. This government overreach will merely drive-up insurance premiums and lead to higher consumer deductibles.

Driving Up Health Insurance Premiums Through New Government Mandates Concerning the Calculation of Co-Pay Deductibles for Private Healthcare Plans.

This appropriations bill contains 84 pages of various grants, tax incentives, credits and abatements for select industries and property owners. For example, the bill provides $65 million in grants to minor league sports teams and certain cultural facilities, exempts certain watercraft that are stored and repaired in the state from sales tax, provides $25,000 tax credits for employers to train commercial vehicle operators, and various tax abatements to property owners through enterprise zones and Tax-Increment-Financing (TIFs). Oppose is the Limited Government Position as not only do the policies within this measure provide competitive advantages to select companies and industries, but shift tax burdens to other individuals and businesses not favored by government. Instead of expanding government central planning, lawmakers should work to reduce tax rates for all companies and remove regulatory barriers so the free market can spur investment in the most needed initiatives and regions of the state.

Expanding Cronyism through Numerous Tax Credits and Carve-Outs to Government-Favored Industries and Property Owners.

This bill places limits on the ability of political subdivisions and school districts to contest the property valuations of privately-owned structures and land that the subdivisions and districts may believe are assessed too low. Under the bill, valuations may only be contested if the property was sold in a certain timeframe and the sale price was at least 10% and $500,000 more than the auditor's current valuation. Support is the Limited Government Position as while all property value should be fairly and accurately assessed, some local governments have abused their ability to challenge property valuations, which has led to excessive taxation. Lawmakers at both the state and local level should take every action to eliminate all unnecessary spending and ensure every property owner is taxed at the lowest level possible.

Protecting Property Owners from Excessive Taxation by Limiting the Ability of Local Governments to Contest Property Valuation.

This bill increases the amount of historic building rehabilitation tax credits that may be issued from $60 million to $120 million, while also authorizing the Director of Development to issue several new credit enhancements. Furthermore, the bill expands eligibility for the Ohio opportunity zone investment tax credit and increases the cap on the program from $50 million to $75 million for the fiscal year. Oppose is the Limited Government Position as taxpayers should not be forced to pay for the renovation costs of privately-owned buildings that certain government officials may deem "historic". Additionally, the free-market - not government central planning via "opportunity zones" - is the best mechanism to direct capital where it will provide the greatest return on investment. Instead of this tax cronyism, lawmakers should reduce zoning and regulatory barriers while improving public safety to spur redevelopment.

Expanding Cronyism by Hiking Subsidies and Payouts Under the Historic Building and Opportunity Zone Tax Credit Programs.

This capital project appropriations bill contains $3.51 billion in spending while authorizing $2.28 billion in new state debt. Most notably, the bill contains a $600 million onshoring incentive grant to Intel Corporation to entice the company to build a semiconductor plant in Central Ohio. Altogether, Intel is expected to benefit from over $2 billion in various tax breaks and infrastructure benefits. Oppose is the Limited Government Position as these types of policies provide competitive advantages to select companies and industries, shift tax burdens to other individuals and businesses not favored by government, and plunge the state further into debt. Instead of expanding government central planning, lawmakers should reduce tax rates for all companies and remove regulatory barriers so the free market can spur investment.

Expanding Cronyism and Out-of-Control Spending through a Bloated Capital Projects Budget that Provides over $600 million in Subsidies to Intel Corporation.

This bill contains a number of provisions that reduce state regulations on ephemeral water features (i.e.streams that are typically at the edge of the watershed and only flow after heavy rain). As a result, the state now mirrors the standards established by the federal government under the Clean Water Act. The state of Ohio has 36,000 miles of ephemeral streams. Support is the Limited Government Position as this bill strengthens property rights by reducing excessive regulations that have hindered development and driven up housing costs. Even so, additional reforms still need to be made to the Clean Water Act.

Strengthening Property Rights through the Removal of Overreaching State Regulations on Ephemeral Streams.

This bill establishes a list of new regulations and governing requirements for condominium unit owners associations (UOAs) and home owners associations (HOAs). For example, the bill places new restrictions on owner representation on HOA and UOA boards and prohibits restrictions on things such as solar panels. Oppose is the Limited Government Position as it is not the role of government to dictate the private contractual agreements and operations of HOAs and UOAs. HOAs serve as free-market alternatives to government zoning and land use standards, as individuals can choose the restrictiveness of the community they wish to join or select to live on property outside the governance of an HOA.

Infringing Private Contracting Rights through Government Overreach into the Governance Practices of Private Homeowners Associations.

This bill authorizes alcoholic beverages to be sold at certain automotive drag racing events. Specifically, the bill allows issuance of D-9 liquor permits to establishments that seat at least 2,000 individuals and are hosting automotive events. Support is the Limited Government Position as this measure strengthens individual liberties and improves attendee experiences at automotive events while maintaining public safety.

Strengthening Individual Liberties by Authorizing Alcoholic Beverage Sales at Automotive Drag Racing Events.

This bill expands the state's Medicaid system (government-provided healthcare to individuals earning up to 138% of the poverty level) to include coverage of doula services. The bill also creates a new registry and requires doulas to become certified. This includes meeting certain educational requirements and undergoing "training on racial bias, health disparities, and cultural competency as a condition of initial certification and renewal". Oppose is the Limited Government Position as this measure further increases government dependency under a state system that already provides substantial benefits due to its expansion under Obamacare. Lawmakers should work to reduce barriers for the private sector (through charitable endeavors) to direct aid and assistance to those that truly need it, not expand ineffective welfare systems.

Increasing Government Dependency by Expanding Medicaid Under Obamacare to Include Coverage of Doula Services.

This bill requires all health insurance policies offered in the state to provide additional coverages concerning screening mammography (to detect breast cancer) and cytologic screening (to detect cervical cancer). Specifically, the bill eliminates certain coverage limits and requires supplemental screenings including digital breast tomosynthesis. The bill also requires the state's Medicaid system (government-provided healthcare) to also provide all of the new coverages. Oppose is the Limited Government Position as each and every health insurance mandate or price control on co-payments prevents individuals from selecting plans with just basic or customized coverages to fit their specific needs. As a result, health insurers are forced to only offer costly plans loaded with coverages that most individuals do not need. This can result in lower-income or younger individuals choosing to purchase no insurance plan at all due to the high cost.

Increasing Health Insurance Premiums by Mandating All Policies Provide Additional Mammography Coverages.

This bill allows an individual to request an expedited appeal of an order by a building official before the state or local board of appeals. If an expedited appeal is requested the board must commence the appeal within one day after the request is made (excluding weekends and holidays) and hold a hearing within five days after receiving the request. The cost for a person to request an expedited appeal is $1,000. Support is the Limited Government Position as permitting delays can result in substantial additional costs imposed on builders and property owners. A system of swift oversight of government building officials is necessary as they do not bear any financial cost for their actions. This is especially critical in the permitting process where cases of government overreach run rampant.

J. Kyle Koehler

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