The Ohio Bar advocacy team and friends were pleased to be back in action at the Statehouse this week to offer our testimony in support of association priority legislation in the new General Assembly. In the spotlight this week:
Updates to OVI Law
In the Senate Judiciary Committee, on Wednesday, Ohio Bar Traffic Law Committee member Tim Huey appeared before lawmakers to tout the benefits of SB26, a reintroduction of the committee’s proposal to amend Ohio’s OVI law in light of medical marijuana being legal in the state (SB203 in the last GA). Sponsored by Sen. Nathan Manning (R-North Ridgeville), the bill would base impairment testing standards on scientific evidence. Under current Ohio law, medical marijuana users can fail a drug test for marijuana metabolites – even if they are not impaired – because the metabolites can stay in a person’s system for up to 30 days.
The proposed law, which was approved as an Ohio Bar priority bill by the Council of Delegates back in 2019, would clarify the evidentiary standards used to infer that a driver is impaired and create a marijuana threshold for a trier of fact to determine impairment. And as Huey said in his testimony, the current OVI law can result in drastic consequences for drivers who aren’t impaired. SB26 would not only ensure fairness for those behind the wheel, but also bring Ohio law into the modern era.
Our thanks go to Sen. Manning for helping us carry this proposal in the Senate once again and to Tim Huey for taking the time to lay out the Traffic Law Committee’s proposal for lawmakers. You can read Huey’s complete testimony here.
Driver’s License Suspension Changes
Also in the Senate Judiciary Committee, the Ohio Bar was happy to offer our written testimony on SB37, a bill that we support and which would make changes to the laws governing driver's license suspensions for certain drug offenses and failure to pay child support and to the laws governing penalties for failure to provide proof of financial responsibility.
As we see it, the loss of a driver’s license creates substantial barriers to employment, healthcare, education and many other duties of responsible citizenship. This is, therefore, an access to justice issue. Our own Access to Justice Committee has some experience with this problem. In the 133rd GA, they worked hard to introduce and pass HB285, which made permanent a Driver's License Reinstatement Fee Debt Reduction Program. And as we said in our proponent testimony this week, more work remains. To that end, the committee has been continually reviewing changes to license suspension and reinstatement fees and how current practices impact access to justice for Ohioans. The conclusion is that driver’s license suspensions should be limited to offenses that involve dangerous driving, not unrelated charges.
We commend bill sponsors Sens. Louis Blessing III (R-Colerain Township) and Catherine Ingram (D-Cincinnati) for their work on this bill and look forward to further progress on this issue. Read our written testimony here.
Veteran-Owned Business Enterprises
In the Senate Small Business and Economic Opportunity Committee, we offered more written testimony, this time in support of SB12, sponsored by Sen. Frank Hoagland (R-Mingo Junction). This bill is a reintroduction of SB291 from the previous General Assembly and closely mirrors a 2017 proposal from the Ohio Bar Military and Veterans' Affairs Committee. It would amend the Ohio Revised Code to establish a veteran-owned business enterprise certification program, modeled on the minority business enterprise (MBE) program. The bill would allow duly certified veteran-owned business enterprises to compete for purchases set aside by state agencies. Though Ohio currently has a veteran-friendly business enterprise certification, the bill would align businesses owned and operated by veterans with others in the MBE program. In our view, those who have given so much to our state and country deserve the support of the state in return when it comes to growing their businesses. We're hopeful that veterans will soon have the same business opportunities as women and minorities and we look forward to continuing to advocate for the passage of SB12. In the meantime, see our testimony here.
Senate Passes Previously Vetoed Bill on Agency Appeals
By a vote of 24-7, the Senate this week passed SB21, sponsored by Sens. Robert McColley (R-Napoleon) and Michele Reynolds (R-Canal Winchester). The bill is the resurrected HB286 from last GA and was vetoed by the Governor for being too broad.
SB21 would open executive agency appeals to all Ohio county courts instead of limiting them the Franklin County Court of Common Pleas, a provision that supporters say would lessen the burden on Ohio businesses, who will be able to contest state orders in their locale instead of travelling to Franklin County. Amendments adopted in committee last week would also establish funding for special counsel to the House, Senate and Governor and render precedents established by the Franklin County Common Pleas Court and 10th District Court of Appeals before the bill’s effective date nonbinding on common pleas and appeals courts in other counties, among other changes.
SB21 now moves on to the House for further consideration.
Abortion Groups File Constitutional Amendment Language With AG’s Office
Two groups seeking to enshrine the right to abortion in Ohio’s constitution have filed amendment language with the office of Ohio Attorney General Dave Yost this week. Ohio Physicians for Reproductive Rights and Ohioans for Reproductive Freedom submitted their proposal on Tuesday, seeking to put it before voters at the polls in November 2023.
Under the proposed amendment, abortion in Ohio would be prohibited after fetal viability, which would be determined by a treating physician, but individuals would have “a right to make and carry out one’s own reproductive decisions.” The state would need to demonstrate “that it is using the least restrictive means to advance the individual’s health in accordance with widely accepted and evidence-based standards of care” if it does restrict abortion.
Attorney General Yost has up to 10 days from Tuesday to affirm the language in the summary of the amendment is fair and truthful. If Yost certifies the issue, the Ohio Ballot Board must schedule a hearing to determine that the language contains only one constitutional amendment. If it's approved, the amendment and its summary will be filed with the Secretary of State and the petitioners will need to collect 413,388 valid signatures by July 5 to put the issue on the November ballot.
Ohio’s abortion law, SB23, is currently on hold after the Hamilton County Court of Common Pleas issued an injunction enjoining enforcement of the law, known as the “Heartbeat Bill.” The 1st District Court of Appeals has let that injunction stand for now on procedural grounds, but Yost has asked the Ohio Supreme Court to weigh in, lift the injunction and decide the constitutionality of abortion in Ohio.
Week Ahead
Committee hearings continue and the House and Senate both have sessions scheduled for Wednesday.
CLE at the Ohio Bar next week covers estate planning, ethics, Supreme Court case law and elder law. We begin on Tuesday with the all-day Nuts and Bolts of Wills and Trusts (new lawyers, register here) then turn our attention to hot topics in legal ethics in the afternoon.
On Wednesday, we’re taking a close look at the notable Ohio Supreme Court cases that came out of 2022. And on Thursday, we kick off our two-day Ohio Elder Law Institute, where attendees can learn about the classic topics of nursing homes, estate planning and Medicaid and some not-so-classic (but still timely) topics like Netflix movies and cryptocurrency. Intrigued? Register to join in person or via webcast (be sure to register for day 1 and day 2).
And don’t forget: Ohio Bar spring district meetings begin March 7. Check if we’re coming to your area and join us to connect with bar leaders, celebrate the careers of our long-practicing members and get some important bar updates in the good company of your colleagues.
