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January 29, 2010

128

th

General Assembly – 2009 – 2010

A Compendium of Bills

(Bills Available Online at www.legislature.state.oh.us)

TAXATION – Lora Miller

H.B. – 277 (Snitchler – R, Jordan – R)EMPLOYER TAX CREDIT: To Authorize a $2,400

income tax withholding credit for an employer that hires and employs a previously unemployed individual.

H.B. – 285 (Bacon – R)SALES TAX HOLIDAY: To provide a three-day period in August and

in December each year during which sales of clothing, footwear, school supplies, personal computers and computer related items, and sporting equipment are exempt from sales and use taxes.

H.B. – 318 (Sykes – D) TAX RATE FREEZE: To postpone for two years the last of five

scheduled income tax rate reductions, to reduce salaries of General Assembly members by five per cent, and to make conforming amendments.

10/21/09 PASSED IN HOUSE (55-44)

12/17/09 SENATE CONCURS IN HOUSE AMENDMENTS (17-15)

12/17/09 HOUSE CONCURS IN SENATE AMENDMENTS (54-42)

12/22/09 SIGNED BY THE GOVERNOR (Enacted)

H.B. – 400 (Adams, J. – R) INCOME TAXES: To phase out the personal income tax over ten

years.

S.B – 193 (Gibbs – R, Schuring – R)BUSINESS TAX CREDIT: To authorize a $2,400.00

income tax holding credit for an employer that hires and employs a previously unemployed individual.

LABOR RELATIONS – Gordon Gough

H.B. – 176 (Stewart – D, McGregor - R)SEXUAL ORIENTATION DISCRIMINATION:

To prohibit discrimination on the basis of sexual orientation or gender identity and expression.

09/15/09 PASSED IN HOUSE

H.B. – 184 (Combs – R)EMPLOYMENT VERIFICATION: To require employers to register

and participate in a status verification system to verify work eligibility status of all new employees and to affirm their participation on their state income tax returns, to specify that an employer’s failure to affirm their participation in the state income tax returns constitutes falsification or dereliction of duty, to require public agencies to cancel contracts with private employers who do not participate in a status verification system, to require jail officials to make a reasonable effort to verify the citizenship of confined persons, to collect electronic fingerprints of illegal aliens, and to notify the United States Department of Homeland Security in certain circumstances, to prohibit political subdivisions from restricting communications and

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magistrates to consider immigration status and other factors in determining a defendant’s bail, and to declare an emergency.

H.B. – 320 (Martin – R, Baker – R)COMPENSATORY TIME: To afford to private sector

employers the option to offer and to employees the option to accrue and use compensatory time off.

H.B. – 331 (Hagan – D)MEDICADE EMPLOYER INFORMATION: To require applicants

for the Children’s Health Insurance Program, Medicaid, Ohio Works First, and Supplemental Nutrition Assistance Program to provide information about their employers and to require quarterly reports identifying the employers.

S.B. – 17 (Coughlin – R)COMPENSATORY TIME: To afford to private sector employers the

option to offer and to employees the option to accrue and use compensatory time off.

S.B. – 205 (Hughes – R, Turner – D)PUBLIC ASSISTANCE EMPOLYERS: To require

applicants for the Children’s Health Insurance Program, Medicaid, Ohio Works First and

Supplemental Nutrition Assistance Program to provide information about their employers and to require quarterly reports identifying the employers.

S.B. – 212 (Morano – D)UNPAID WAGES: To allow the Director of Commerce to investigate

and enforce specified claims involving unpaid wages.

SCR – 2 (Gibbs – R)UNION ELECTIONS: To request the Ohio Congressional delegation to

oppose legislation that disenfranchises Ohio workers by removing their right to a private ballot union election.

MARKETING – Lora Miller

FOODS & DAIRIES – AGRICULTURE – Lora Miller

H.B. – 43 (Evans – R)FOOD SERVICE FEES: To eliminate duplicative fees for inspections

of the facility layout and equipment of relocated food service operations.

H.B. – 60 (Pillich – D)SCHOOL NUTRITION: To establish nutritional standards for food and

beverages sold in vending machines in public schools.

12/16/09 PASSED IN HOUSE

H.B. - 97(Zehringer – R) SCHOOL NUTRITION: To establish nutritional standards for food

and beverages sold in vending machines in public schools.

H.B. – 149(Miller – D)GROCERY DEVELOPEMENT: To allow chapter 166. loans and loan

guarantees to be made to establish supermarkets and grocery stores in underserved communities, and to make an appropriation.

H.B. – 373 (Carney – D, Wachtmann – R)SCHOOL NUTRITION: To establish nutritional

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physical activity for public school students and make change regarding physical education; and to establish the Healthy Choices for Healthy Children Council.

HJR – 2 (Sayre – D) LIVESTOCK STANDARDS: Proposing to enact Section 1 of Article XIV

of the Constitution of the State of Ohio to create the Ohio Livestock Care Standard Board.

06/24/09 PASSED IN HOUSE

07/06/09 PASSED IN SENATE

S.B. – 24 (Kearney - D)SCHOOL NUTRITION: To establish nutritional standards for food and

beverages sold in vending machines in public schools.

SJR – 6 (Gibbs – R) LIVESTOCK STANDARDS: Proposing to enact Section 1 of Article XIV

of the Constitution of the State of Ohio to create the Ohio Livestock Care Standard Board.

06/25/09 PASSED IN SENATE

CONSUMER PROTECTION – Lora Miller

FINANCIAL SERVICES – Gordon Gough

H.B. – 12 (Lundy – D, Schneider – R) CREDIT CARD MARKETING: To prohibit campus

credit card marketing activities and to prohibit institutions of higher education from releasing student directory information to any person or group for use in a profit-making plan or activity.

06/17/09 PASSED IN HOUSE

H.B – 209 (Lundy – D) SHORT-TERM LOANS: To prohibit campus credit card marketing

activities and to prohibit institutions of higher education from releasing student directory information to any person or group for use in a profit-making plan or activity.

H.B. – 325 (Yates – D) PAYDAY LENDING: To repeal the Short-Term Loan Act and to

prohibit payday lending by entities other than traditional financial institutions.

H.B. – 340 (Yates – D)CREDIT DISCRIMINATION: To specify that discrimination by an

employer against any person because of the persons’ credit history is an unlawful discriminatory practice under the Ohio Civil Rights Law.

H.B. – 375 (Garrison – D) UTILITY BILLING SERVICES: To require certain public utilities

to provide billing and collection services to customers at no charge.

S.B. – 16 (Patton – R)CREDITCARD MARKETING: To prohibit credit card marketing

activities on the grounds of state institutions of higher education.

S.B. – 75 (Kearney – D) SMALL BUSINESS: To generally require that state agencies set aside

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S.B – 91 (Miller, R. – D)CREDIT DISCRIMINATION: To specify that discrimination by an employer against any person because of the person’s credit history is an unlawful discriminatory practice under the Ohio Civil Rights Law.

S.B. – 163 (Miller, R. – D)CREDITSCORES/INSURANCE: To prohibit an insurer’s use of a

credit score, credit history, or credit report in fixing a premium rate for, or the terms and conditions of, an insurance policy, or in determining whether to issue, continue, or renew an insurance policy.

LICENSING BOARDS – Lora Miller URBAN AFFAIRS – Gordon Gough

H.B – 203 (Bubp – D, Martin – R) CONCEALED WEAPONS: To allow a concealed carry

licensee who is not consuming liquor and is not under the influence to carry a concealed handgun in retail food establishment or food service operation with any class liquor permit for the

location.

LIQUOR & TOBACCO – Gordon Gough

H.B. – 137 (Weddington – D)LIQUOR SALES: To prohibit the Division of Liquor Control

from issuing a retail liquor permit or entering into an agency liquor contract if the permit location or liquor agency store is proposed to be located within one thousand feet from a school, church, library, public playground, or township park.

H.B. – 263 (Koziura – D)VIDEO LOTTERY TERMINALS: To authorize the playing of video

lottery terminals at a D liquor permit premises, to require the use of video lottery terminals, to require the licensure of video lottery terminal manufacturers, distributors and operators and to exempt video lottery terminals from certain state taxes.

H.B. – 272 (Williams, S. – D)LIQUOR PERMIT FEES: To increase the annual fee for the

C-1, C-2, and C-2x liquor permits to $2,500.

H.B. – 273 (Williams, S. – D)LIQUOR PERMIT TRANSFERS: To prohibit the transfer of

ownership or the transfer of location of a C-1, C-2, or C-2x liquor permit in, or to a premises located in, a municipal corporation or the unincorporated area of a township in which the number of that class of permits actually issued exceeds the number of that class of permits allowed to be issued under population quota restrictions.

H.B. – 294 (Bacon – R)LIQUOR SALE PENALTY: To authorize community service or, in

certain circumstances, a driver’s license suspension as an additional penalty for selling or furnishing beer or liquor to, or buying beer or liquor for, an underage person.

H.B. – 351 (Bolon – D)UNDERAGE DRINKING: Regarding the criminal liability of an

owner or occupant of any public or private place who allows a person under the age of 21 to remain in or on the place while possessing or consuming beer or intoxicating liquor.

H.B. – 417 (Driehaus – D)LIQUOR APPEALS: To revise the appeal procedures for the

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the laws governing liquor control to file the names and address of their employees with the Division of Liquor Control.

S.B. – 37 (Miller, D – D) TOBACCO TAXES: To increase the tobacco products excise tax rate

and to credit some of the additional revenue to the Tobacco Use Prevention Fund.

S.B. – 62 (Turner-D)LIQUOR SALES: To prohibit the Division of Liquor Control from

issuing a retail liquor permit or entering an agency liquor contract if the permit location or liquor agency store is proposed to be located within five hundred feet from a school, church, library, public playground, or township park.

S.B – 82 (Niehaus – R)WINE SALES: To create the A-2a permit to authorize the sale of wine

at retail by an A-2 permit Holder at a location other than the premises where the wine is manufactured.

S.B. – 120 (Schuler – R)SMOKING BAN: Regarding exemptions from the smoking ban.

PHARMACY – Lora Miller

H.B. – 94 (Skindell – D) DRUG MARKETING: Regarding prescription drug marketing

disclosures.

H.B. – 206 (Boyd-D, Oelslager – R) PRESCRIPTIVE AUTHORITY: To modify the authority

of certain advanced practice nurses to prescribe schedule II controlled substances.

H.B. – 267 (Luckie – D) PRESCRIPTION PROGRAM: To create the Ohio Official

Prescription Program.

S.B. – 89 (Morano – D)PRESCRITIVE AUTHORITY: With respect to prescriptive authority

of out-of-state advanced practices nurses, cooperation among hospitals and state institutions of higher education with nursing education programs and allocations from the Nurse Education Assistance Fund.

07/13/09 PASSED IN SENATE

12/16/09 PASSED IN HOUSE

12/28/09 SIGNED BY THE GOVERNOR (Effective in 90 days)

S.B. – 119 (Grendell – R)PRESCRIPTION ERRORS: To require the pharmacists, pharmacy

interns, and qualified pharmacy technicians to report suspected dispensing errors to the State Board of Pharmacy, to require the Board to investigate all such reports and to pursue disciplinary action when warranted, and to specify criminal penalties for failure to comply with reporting requirements.

S.B. – 154 (Patton – R)PHARMACY RELATIONSHIPS: To prohibit pharmacy benefit

managers that have a relationship with a retail pharmacy from using that relationship to the competitive disadvantage of other retail pharmacies.

S.B. – 200 (Morano – D)NURSE ANESTHETISTS: To authorize certified registered nurse

anesthetists to issue prescriptions for the administration of drugs during certain phases of patient care.

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SECURITY – Gordon Gough INSURANCE – Lora Miller

H.B. – 8 (Celeste – D)AUTISM COVERAGE: To require certain health care plans to provide

benefits for colorectal examinations and laboratory test for cancer.

H.B. – 56 (Miller, E – D)CANCER TEST COVERAGE: To require certain health care plans to

provide benefits for colorectal examinations and laboratory test for cancer.

H.B. – 81 (Boyd – D, Gardner – R)DIABETES COVERAGE: To require certain health care

policies, contracts, agreements, and plans to provide benefits for equipment, supplies, and medication for the diagnosis, treatment, and management of diabetes self-management education.

H.B. – 159 (Skindell – D, Hagan – D)UNIVERSAL HEALTHCARE: To establish and operate

the Ohio Health Care Plan to provide universal health care coverage to all Ohio residence.

H.B. – 185 (DeGeeter – D, Book – D) HEALTH CARE CONTRACTS: To specify that a

material amendment to a health care contract does not become part of the contract unless agreed upon by both private parties.

H.B. – 256 (Gardner – R) HEALTH CARE: To create the small Business Health Care

Affordability Task Force.

S.B. – 15 (Miller, D – D)HEALTH COVERAGE: To prohibit discrimination in health care

policies, contracts, and agreements in the coverage provided for the diagnosis and treatment of mental illnesses and substance abuse or addiction conditions.

S.B. – 34 (Miller, D – D)GROUPHEALTH INSURANCE: To require the Department of

Administrative Services to create a health insurance program that allows municipal corporations, small employers, and nonprofit corporations or associations to purchase for their employees the same policies or contracts provided to state employees.

WORKERS COMPENSATION – Gordon Gough

H.B. – 15 (Sykes – D) BWC BUDGET: To create the Deputy Inspector General for the Bureau

of Workers’ Compensation and Industrial Commission Fund; to make other changes to the Workers’ Compensation Law; to make appropriations for the Bureau of Workers’ Compensation for the biennium beginning July 1, 2009, and ending June 30, 2011, and to provide authorization and conditions for the operation of the Bureau’s programs.

03/24/09 PASSED IN HOUSE

06/17/09 PASSED IN SENATE

06/30/09 SIGNED BY THE GOVERNOR (Effective June 30, 2009)

H.B. – 16 (Sykes – D) INDUSTRIAL COMMISION BUDGET: To make appropriations for the

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03/24/09 PASSED IN HOUSE

06/29/09 PASSED IN SENATE

06/30/09 SIGNED BY THE GOVERNOR (Effective June 30, 2009)

H.B. – 249 (Heard – D, Letson – D) BWC RECORDS: To clarify the method by which

journalists may request Bureau of Workers’ Compensation records for multiple claimants, add to the definition of “journalist,” and allow a person to solicit authority from a claimant or employer to represent the claimant or employer in any claim or appeal files with the Bureau.

H.B. – 259 (Batchelder – R) WORKERS COMPENSATION INVESTMENTS: To specify the

classes of investments in which the Administrator of Workers’ Compensation may invest the funds specified in the Workers’ Compensation Law and to require the Administrator to have criminal records checks conduct for employees of investment consultants with whom the Administrator contracts to facilitate the investment of those funds.

S.B. – 213 (Faber – R)WORKERS COMPENSATION: To require the Administrator of

Workers’ Compensation to make specified changes concerning workers’ compensation premium rates.

01/27/10 PASSED IN SENATE

S.R. – 118 (Grendell – R)WORKERS COMPENSATION: To create the Competitive Workers’

Compensation Task Force to review the feasibility of allowing employers the option to obtain private insurance to insure their obligations under the workers’ compensation system of Ohio.

11/18/09 PASSED IN SENATE

UNEMPLOYMENT COMPENSATION – Gordon Gough

H.B. – 46 (Ujvagi- D) UNEMPLOYMENT COMPENSATION: To permit persons who quit

work to accompany the person’s spouse on a military transfer to be eligible for unemployment compensation benefits.

12/16/09 PASSED IN HOUSE

H.B. – 170 (Murray – D) EMPLOYER RETALIATION: To permit an employer from

retaliating against the employer’s employees for testifying or otherwise participating in an unemployment compensation proceeding or hearing.

H.B. – 247 (Moran – D) UNEMPLOYMENT BENEFITS: To include any child that an

individual claiming benefits has been granted custody of by court order in the calculation of dependents for the purpose of determining unemployment benefits.

H.B. – 254 (Balderson – R) UNEMPLOYMENT BENEFITS: To allow an individual to claim

unemployment benefits for a dependent who is a child in the legal custody of the individual.

PUBLIC UTILITIES – Lora Miller TRANSPORTATION – Gordon Gough

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H.B. – 2 (Ujvagi – D) TRANSPORTATION BUDGET: To make appropriations for programs related to transportation and public safety for the biennium beginning July 1, 2009, and ending June 30, 2011, and to provide authorization and conditions for the operation of those programs.

03/05/09 PASSED IN HOUSE

03/18/09 PASSED IN SENATE

HEALTH AND SANITATION

SJR – 2 (Coughlin – R)HEALTH CARE: Proposing to enact Section 43 of Article II of the

Constitution of the State of Ohio to prohibit the General Assembly from enacting certain laws regarding health care.

ENVIRONMENT AND ENERGY – Gordon Gough FARM AND MACHINERY – Gordon Gough AUTOMOTIVE – Gordon Gough

H.B. – 96 (Murray – D)ANTIFREEZE BITTERING AGENT: To require the inclusion of

a bittering agent in engine coolant and anti-freeze.

12/17/09 PASSED IN HOUSE

MISCELLANEOUS

H.B. – 1 (Sykes – D) STATE BUDGET: To make operating appropriations for the biennium

beginning July 1, 2009, and ending June 30, 2011, and to provide authorization and conditions for the operation of state programs.

04/29/09 PASSED IN THE HOUSE

06/03/09 PASSED IN SENATE

07/17/09 SIGND BY THE GOVERNOR

H.B. – 230 (Moran – D, Zehringer – R) STATE REGULATION: The enact the Common

Sense Regulation Act to improve state agency regulatory processes, especially as they relate to small businesses, to require state departments to develop customer service training programs, and to require the director of environmental protection to provide environmental regulatory

compliance assistance to small business.

H.B. – 245 (Sykes – D) CONTINUING BUDGET: To make operating appropriations for the

period beginning July 8, 2009, and ending July 14, 2009.

07/01/09 PASSED IN HOUSE

07/06/09 PASSED IN SENATE

H.B. – 263 (Koziura - D) VIDEO LOTTERY TERMINALS: To authorize the playing of video

lottery terminals at D liquor permit premises, to require the use of video lottery terminals, to require the licensure of video lottery terminal manufacturers, distributors and operators and to

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H.B. – 288 (Harwood – D)PAWNBROKERS: To make changes in the laws regulating pawnbrokers and precious metal dealers to revise item information furnished to local law enforcement agencies and, under the Precious Metal Dealer Law, specify which local law enforcement agencies are to receive item information; to restrict the type of property received or purchased; to require specified proof of identity of persons pledging, redeeming or from whom property is purchased; to increase property retaining periods, including the period an item must be retained if there is probable cause that it is stolen property; and to modify procedures and authorized civil actions in connections with returning pledged or purchased property to its true owner.

HJR – 6 (Evans – R) CASINO OPERATIONS: Proposing to amend Section 6 of Article XV of

the Constitution of the State of Ohio to require the General Assembly to allow casino facilities at locations that the General Assembly designates, to require that licenses for these casino facilities be awarded by competitive bidding by the State Lottery Commission, to generally require voter approval of the operation of a casino facility in the county or municipal corporation in which the casino facility is located, to require that a tax of sixty per cent be levied and collected by the state on all gross casino revenue received by each casino facility operator, and to require that one-half of the proceeds of this tax be used solely for the support of elementary, secondary, vocational, and special education programs as determined in appropriations made by the General Assembly and one-half of the proceeds be used solely for assistance to students at certain institutions of higher education.

HJR – 12 (Williams, S – D) THIRD FRONTIER: Proposing to amend Section 2p of Article

VIII of the Constitution of the State of Ohio to permit the issuance of additional general obligation bonds to fund research and development.

HJR – 13 (Domenick – D) SUPERMAJORITY VOTE: Proposing to amend Sections 1b, 1c,

and 1g of Article II and Section 1 of Article XVI of the Constitution of the State of Ohio to require sixty-seven per cent of the electors voting on an initiative or referendum to vote in favor of the issue in order for the issue to be approved.

S.B – 2 (Carey – R)FEDERAL STIMULUS FUNDING: To provide for the distribution of

moneys received by the state from the federal American Recovery and Reinvestment Act of 2009 by making appropriations and to declare an emergency.

S.B. – 3 (Faber – R)SMALL BUSINESS: To require a rule-making agency to prepare a

cost-benefit report for, and regulatory flexibility analysis of, rules that may have any adverse impact on small businesses and submit them to the new Ohio Small Business Ombudsperson in the Office of Small Business, to create the Small Business Regulatory Review Board to review objections to those rules and make recommendations to the Joint Committee on Agency Rule Review regarding the rules, to require the Ombudsperson annually to submit a rule impact report to the Governor and General Assembly, to promote improved customer service in state agencies, and to require the Director of Administrative Services to establish customer service performance standards for nonelected officers and employees of state agencies.

03/11/09 PASSED IN SENATE

SJR – 4 (Coughlin-R)LEGISLATIVE DISTRICTS: Proposing to amend Sections 1, 2, 3, 5, 6,

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numbers as indicated in parentheses, Sections 5 (4), 6 (5), 8 (7), 9 (8), 10 (9), 11 (12), 13 (12), and 15 (13) of Article XI, and to repeal Sections 4 and 14 of Article XI of the Constitution of Ohio to revise the redistricting process for General Assembly districts.

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