The 135th General Assembly is in full swing and there hasn’t been a dull moment in the first few weeks of 2023. Here’s a preview of the new General Assembly and a forecast of what we might see in the first six months of the year.
Battle for the Speaker’s Dais
Let’s start with the elephant in the room: the House of Representatives was engaged in a massive battle for the speaker’s gavel, which has effects lingering over the chamber even weeks later. As you may know, Speaker Jason Stephens (R–Kitts Hill) was elected by his peers on Jan. 3 over Rep. Derek Merrin (R-Monclova), who was elected in an informal caucus vote in November 2022. Speaker Stephens was elected with 22 Republican votes and all 32 Democrat votes (all members vote in the Speaker’s election on the House floor) and Rep. Merrin received 43 Republican votes (with two members absent). Therefore, Speaker Stephens received votes from roughly one-third of the 67-member Republican majority.
Since then, many members who supported Rep. Merrin for Speaker have worked in a separate group from the Republicans supporting Speaker Stephens, culminating in additional battles over the House leadership team and establishing House rules. While the leadership team and rules were put in place, many on Capitol Square are wondering how the dynamics of these factions will play out in the months to come. For now, the House seems poised to continue with business, albeit with added tension in the chamber.
While this environment is significant for us politicos, we’re confident the House will be working to advance important policies for the state and the Ohio Bar will continue to work with all members on our priorities.
New Members of the General Assembly
Speaking of the members, there are plenty of new faces in the Ohio General Assembly, including new lawyer legislators. Here’s a breakdown of each chamber.
The rest of the House majority leadership team includes Speaker Pro Tempore Scott Oelslager (R-North Canton), Majority Floor Leader Bill Seitz (R-Cincinnati), Assistant Majority Floor Leader Jon Cross (R-Kenton), Majority Whip Jim Hoops (R-Napoleon) and Assistant Majority Whip Sharon Ray (R-Wadsworth). Reps. Oelslager and Seitz are both attorneys and long-time members of the Legislature.
The House minority caucus will be led by Minority Leader Allison Russo (D-Upper Arlington), Assistant Minority Leader Dontavius Jarrells (D-Columbus), Minority Whip Jessica Miranda (D-Forest Park) and Assistant Minority Whip Tavia Galonski (D-Akron), who is an attorney and will serve as ranking minority member of the House Civil Justice Committee.
The Ohio Senate will continue to be led by President Matt Huffman (R-Lima), a practicing attorney from Allen County. His leadership team includes President Pro Tempore Kirk Schuring (R-Canton), Majority Floor Leader Rob McColley (R-Napoleon) and Majority Whip Theresa Gavarone (R-Bowling Green). Both Sens. McColley and Gavarone are attorneys.
The Democrats are led by Minority Leader Nickie Antonio (D-Lakewood), Assistant Minority Leader Hearcel Craig (D-Columbus), Minority Whip Kent Smith (D-Euclid) and Assistant Minority Whip Paula Hicks-Hudson (D-Toledo). Sen. Hicks-Hudson is ranking minority member of the Senate Judiciary Committee.
Early Policy To Keep an Eye On
First on the policy agenda in odd numbered years is the state’s biennial budget process. Governor DeWine introduced his budget priorities during his State of the State address on Jan. 31. The Governor’s budget focuses on children and families, outlining new tax incentives, plans to reduce infant mortality, changes to education and the creation of a new state agency – the Department of Children and Youth Services. The executive proposal also prioritizes mental health and addiction initiatives and new economic development programs.
Traditionally, the House takes up budget deliberations first, so we’ll see what changes they make to the executive proposal ahead of Senate considerations. For us at the bar, we’ll be watching closely for any tax changes in the state budget, particularly changes to the business income deduction and extensions of sales tax to legal services. We’ll also be advocating for legal aid, indigent defense and funding for the Ohio Center for Law-Related Education – critical access to justice initiatives.
Also related to indigent defense, the Ohio Bar convened The Future of Indigent Defense Task Force, led by President Dean Wilson, in June 2022 to review the indigent defense system in Ohio. We hope to have policy recommendations in the coming months. Additionally, the Ohio Bar assembled the Rural Practice Gap Task Force, led by President-elect Michelle Kranz, to take a holistic look at where attorneys are practicing and what incentives might be offered to encourage attorneys to establish their practice in rural areas. This task force had its kickoff meeting in December 2022.
Outside of the state budget, a few high-profile items that we’ll likely see attracting attention at the Ohio General Assembly include restructuring the role of the State Board of Education and changes to marijuana law. Both of these items are included in the Senate’s top 10 bills, Senate Bill 1 and Senate Bill 9, respectively. In the House, lawmakers are prioritizing House Bill 1, which would lower and flatten taxes, and a universal school voucher bill in the form of House Bill 11, among 10 other top priorities.
The discussion of constitutional amendment changes also continues to circulate at the Statehouse, but since the current proposal altering the vote threshold from 50 to 60 percent requires a constitutional amendment itself, it remains to be seen if the General Assembly can gather the consensus of the three-fifths majority needed to place that issue on the ballot. What we know at this point is that the proposal will not make the May ballot, as it must be passed and filed with the Secretary of State at least 90 days before the election. The next deadline is Aug. 10 for the November election.
As for Ohio Bar priorities, we’ll be working on several initiatives on behalf of our members, including (but not limited to):
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Nonprofit corporation law updates (Corporation Law Committee).
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Changes to driver’s license suspensions (Access to Justice Committee).
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Expanded criminal justice analysis for pending legislation (Criminal Law Committee/Young Lawyer Section).
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Limited authority for guardians to apply for Medicaid benefits (Elder and Special Needs Section).
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Transfer on death for tangible personal property (Estate Planning, Trust and Probate Law Section).
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Defining “unsuitability” in the code (Family Law Committee).
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Shared specialty dockets (Military and Veterans' Affairs Committee).
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And removing or lowering the per se limit for marijuana OVI (Traffic Law Committee).
