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Legislative & Political Update

Brian Pearson
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OHIO GENERAL ASSEMBLY | 134TH General Assembly • Lame Duck

HB 235 (Swearington/Baldridge)

High Hazard Training Certification Act – This would have put into place minimum training and safety standards for workers employed on capital and maintenance projects at Ohio’s petroleum facilities. It would maximize safety for the existing workforce and the greater community while limiting the number of accidents at these facilities that are attributed to inexperienced or untrained workers. After getting reported favorably out of the House Commerce and Labor Committee in June after a 10-1 committee vote, House Bill 235 failed to garner enough support for the Speaker to bring it up for a full House vote. House Bill 235 was met with stiff opposition by the Oil and Gas Association, the Buckeye Institute, Americans for Prosperity, Ohio Manufacturers Association, NFIB, the Ohio Business Roundtable, and the Ohio Chamber of Commerce – among others. 

 

HJR 6 (Stewart)

Requiring 60% vote to pass initiated Constitutional Amendments – Introduced on the 22nd of November, this amendment is an attack on Ohioans right to direct democracy. Once introduced, the AFL-CIO began building a powerful coalition to push back and ultimately defeat (at least temporarily) this undemocratic proposal. In just over 2 weeks’ time, over 170 organizations representing hundreds of thousands of Ohioans signed on to a letter in opposition to the resolution. Still, members of the majority – including the Senate President wanted to push HJR 6 through Lame Duck so it could be placed on the May primary ballot. In a show of strength and solidarity, on Tuesday, December 13th over 500 Ohioans descended on the statehouse and let their voices be heard through a mock-election, showing just how unpopular HJR 6 really is. While we were able to kill HJR 6 for the 134th General Assembly, the 135th GA (back on January 3rd) could still pass it in time to be placed on the May ballot. They will have to pass it before February 1st in order for it to be on the primary ballot. 

 

HB 294 (Seitz/Ray)/HB 458 (Hall)

Anti-Voter Legislation –While the “as-introduced” version of House Bill 294 had some positive provisions that the state fed supported (automated voter registration, fixing the voter purge, no photo ID, etc.) the ultimate vehicle for election reform – House Bill 458, does not include any of them. In the last week of Lame Duck, legislators amended all the negative provisions that were in 294 into House Bill 458 – a bill that originally just eliminated August special elections. Anti-voter provisions (including STRICT PHOTO ID) that were amended into the “as-passed” version of HB 458 that is sitting on the Governor’s desk include:

  • Voters will lose the freedom to vote with an alternate form of ID such as a utility bill, government document, or paycheck. Voters will be forced to provide a strict photo ID to vote, whether voting in person on Election Day, in person at an early vote center, or provisionally. 

  • Eliminates the last Monday day of early voting, one of the most popular days of early voting.

  • Voters no longer able vote provisionally using the last four digits of their social security number.

  • Voters will have their absentee ballots thrown out if their ballots are not received within four days of Election Day (this shorter deadline applies to overseas and military voters as well). Previously absentee ballots that contained a timely postmark were counted as long as the post office delivered ballots to the boards of elections within 10 days following Election Day;

  • Severely limits  the use of drop boxes - Boards of Election can only have a single drop box location, open during business hours only, and limited to the early voting period;

  • Voters lose the ability to have postage for their absentee ballot requests and ballots prepaid by the government; 

  • Noncitizens risk being targeted and harassed by a new requirement to list citizenship status on Ohio driver’s license;

 

Education Priorities

The Lame Duck session saw tons of action education related bills. 3 separate measures were on track to pass before the General Assembly were slated go home for the holidays: 

  • A bill (SB 178) restructuring the Department of Education – taking power from the Board and giving it to the Governor (after Democrats won a philosophical majority of the Board in November) 

  • A bill (HB 61) discriminating against trans athletes in Ohio (including an invasive genital inspection provision)

  • A bill (HB 739) that prohibited school districts from having mandates for vaccines of any kind (including measles, polio, smallpox, etc.)

  • A bill (HB 151) making minor changes to Ohio’s resident educator program

On the last day of session, leadership decided to introduce and push a 2,000+ page amendment to HB 151 (the least contentious of all the moving Education bills) just after midnight. The amendment tried to combine all of the aforementioned education bills into 1 large package. Legislators didn’t have a chance to proofread, seriously debate, or even print the amendment before Senate President Huffman called it up for a vote. Senate Republicans easily passed (23-7) the new version of HB 151 – sending it to the House for concurrence. The House failed to agree on Senate amendments in a 46-41 vote, killing the bill. We fully expect to see all of these education bills (in addition to the “backpack voucher” bill reintroduced during the next General Assembly. 

OHIO GENERAL ASSEMBLY | 135TH General Assembly • First Session

SPEAKER OF THE HOUSE ELECTION – Representative Jason Stephens (R-Kitts Hill) beat long-time anti-labor Representative Derek Merrin (R-Monclova Twp.) for Speaker of the House. The AFL-CIO does not have a close relationship with Speaker Stephens, but Merrion has close ties to the Buckeye Institute, Americans for Prosperity, the Center for Christian Virtue. Stephens has strong relationships with Representative Scott Oelsager (R-North Canton) and Representative Tom Patton (R-Strongsville), President of IATSE Local 756. Minority Leader Allison Russo delivered all 32 Democratic votes to put Stephens over the top. In fact, more Democrats (32) voted for Stephens than Republicans (22).

Because of the new development, there is renewed hope that we can stop any attempts by far-right legislators from attacking unions in a real serious way, such as Right to Work or anti-dues deduction legislation. It also gives us an opportunity to pursue proactive policies- especially during the budget process on issues such as education and local government funding. We are also hopeful that the new House leadership team will push back on President Matt Huffman’s extreme agenda, something that was sorely lacking under the previous Speaker. Another benefit of this shake up is timing- it will take weeks for the incoming Speaker to put together his full leadership team, appoint Committee Chairs, finalize House rules, etc. making it increasingly difficult for the majority to pass something like HJR 6 in time to make it on the May primary ballot, saving us and our allies from spending critical resources and staff time on an ill-conceived ballot measure.

US CONGRESS | 117TH CONGRESS • Second Session

HR 5376 [Yarmuth, John (D-KY-3)]

Inflation Reduction Act – Enacts clean energy incentives with labor standards to support working families and create good-paying jobs in construction and manufacturing. It also tackles our tax system and will reduce climate pollution by 40%

  • Became law on 8/16/2022

 

HR 4346 [Ryan, Tim (D-OH-13)]

CHIPS Act – Invests $50 billion in domestic manufacturing jobs and the technology to restore our global economic status. It also mandates that union members be at the table as the federal government invests billions in innovation research and economic development.

  • Included in HR 4346 Supreme Court Security Funding Act of 2022
  • Became law on 8/9/2022

 

HR 3076 [Maloney, Carolyn (D-NY-12)]

Postal Service Reform Act – The law repealed a mandate to pre-fund retiree health care for decades in advance, codified a six-day delivery, and maximized Medicare Integration.

  • Became law on 4/6/2022

 

HR 2617 [Connolly, Gerald (D-VA-11)]

Consolidated Appropriations Act (Omnibus Bill) –Included a much-needed increase in non-defense discretionary funding and critical investments in Medicaid, education, children’s health and worker protection programs. It also increases a desperately needed $25 million funding boost for the National Labor Relations Board (NLRB). The legislation also included the Pregnant Workers Fairness Act that provides protection for people who work during pregnancy, addressing a longstanding gap in employment discrimination law that left many pregnant workers without the accommodations they need to continue to work despite the physical effects of pregnancy. The PUMP Act will ensure that employees who are nursing mothers receive time and privacy to pump. 

  • Became law on 12/29/2022
LOCAL LEGISLATION

O. 892-2022 [Griffin, Blaine (D-Ward 6)

Wage Theft Ordinance – The ordinance will supplement the Codified Ordinances of Cleveland by enacting new sections related to wage theft and payroll fraud prevention. It will ban the city from entering into contracts with or providing financial assistance to companies that commit wage theft. 

  • Passed on 12/5/2022