Legislative Wrap-Up: Lame Duck Legislation
January 15, 2019 by DRO Policy Analyst Jordan Ballinger / legislation
Lame Duck is a period after the November election up until the end of the year when the Ohio General Assembly attempts to pass as many bills as possible before the newly elected General Assembly takes over in January and legislators’ terms expire or they have been voted out of office. This Lame Duck session was no different, even though a new Governor was elected and the House was in the middle of a looming Speaker’s battle (which is now resolved). Several of these bills would impact the lives of people with disabilities, and Disability Rights Ohio followed them through this Lame Duck session.
SB 218 – Surety Bonds for Providers
One of the largest concerns DRO faced throughout Lame Duck was Senate Bill 218, sponsored by Senator Lehner, which would have required independent providers to purchase a $10,000 surety bond to provide essential services to people with disabilities. This kind of requirement could have had a dramatic impact on the already shortage of providers currently in the system. However, DRO and self-advocates were able to work with Senator Lehner’s office, and the bill language was drastically altered to ensure providers issuing claims less than $100,000 would not have this requirement.
DRO anticipates this bill will be reintroduced in the 133rd General Assembly and will be sure to monitor the progress of that legislation.
SB 340 – Ohio Statewide Independent Living Council
Senate Bill 340, which established the Ohio Statewide Independent Living Council into Ohio Law and establishes requirements for the council, was introduced during the Lame Duck session on November 28th by Senator Beagle. However, the bill did not receive any hearings prior to the General Assembly adjourning.
Though Senator Beagle has been appointed to the Treasurer-elect's office, DRO still anticipates this bill will be reintroduced in the 133rd General Assembly and will be sure to monitor the progress of that legislation.
House Bill 271 – ADA Notification
House Bill 271, which has been introduced multiple times throughout the past few General Assemblies and was sponsored by Senator McColley, was passed in this Lame Duck session. Initially this bill required individuals to provide notice to businesses prior to filing an ADA lawsuit. This was extremely problematic to DRO and several other disability advocacy organizations. Through countless meetings and self-advocate testimony, the notice was made optional for individuals. With this new, more reasonable, language, the bill was able to pass unanimously by both the Ohio House and Senate and was signed by the Governor on December 19th.
House Bill 81 – Eliminating the Death Penalty for People with Serious Mental Illness
This legislation was introduced in February of 2017 by Representatives Seitz and Antonio, then received hearings through June of 2017. After that no action was taken until May of 2018, and no further action until the Lame Duck session. Though there was hope amongst several advocacy organizations that the bill would be passed prior to the adjournment of the 132nd General Assembly, it was unable to garner enough support to pass the House chamber, as several members continue to have concerns with the bill.
DRO anticipates this bill will be reintroduced in the 133rd General Assembly and will be sure to monitor the progress of that legislation.