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MRR Ohio Legislation Updates: February 26, 2016 – March 10, 2016

Notes from the House of Representatives:

  • H.B. 481 was introduced to revise the requirements regarding student enrollment reporting for public schools, mandatory student withdrawal policies, and scholarship program eligibility relative to students who choose not to take state assessments during the 2015-2016 school year
  • H.B. 486 was introduced to increase the state minimum wage to ten dollars and ten cents per hour beginning January 1, 2017
  • H.B. 488 was introduced to modify the qualified immunity from civil liability for volunteer health care services provided to indigent and uninsured persons and to permit health care professionals to earn continuing education credit by providing volunteer health care services to indigent and uninsured persons

For questions or more information on MRR’s Ohio Legislation Updates, contact:

Stacy V. Pollock  – MRR Columbus
Phone: 614.324.0163
Email: spollock@mrrlaw.com

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MRR Legislative Update: Senate Introduces SB 268 to Reform Employment Discrimination Cases

By: Tami Zupkow Hannon, Esq.

On February 1, 2016, SB 268 was introduced in the Ohio Senate. This bill, if passed, would reform the current state anti-discrimination laws. Of particular note, the proposed bill:

  • Reduces the time to file a state law discrimination claim from the current 6 years to 1 year;
  • Enlarges the current 180 day time frame to file a charge with the Ohio Civil Rights Commission to 365 days;
  • Adopts damage caps on the amount of punitive and non-economic damages that can be awarded in a discrimination claim. The cap would be on a sliding scale based on employer size with damages ranging from $50,000 to $300,000;
  • Refines the definition of “employer” to remove reference to “any person acting directly or indirectly in the interest of an employer;”
  • Clarifies that personal liability should not be imposed on managers, supervisors or coworkers for employment based discrimination claims (but note that personal liability may still be possible under the aiding and abetting provisions of R.C. §4112.02(J)); and
  • Limits the ability to file a civil suit in some instances where the claim was pending or previously filed with the Ohio Civil Rights Commission.

As the bill has only recently been introduced, it is likely that there will be revisions to the language as additional comments, debate and analysis is conducted. We will continue to monitor the status of this bill and provide updates as it proceeds through the General Assembly.


For questions or more information on “Senate Introduces SB 268 to Reform Employment Discrimination Cases,” contact:


Tami Zupkow Hannon  – MRR Cleveland
Partner
Phone: 440.424.0009
Fax: 440.248.8861
Email: thannon@mrrlaw.com

MRR Ohio Legislation Updates: January 1, 2016 – January 14, 2016

Notes from the House of Representatives:

  • H.B. 423 was introduced to specify that an order for active military service or other documentation regarding the call to order of an individual in the Armed Forces of the United States or the Ohio organized militia is not a public record
  • H.B. 424 was introduced to specify that military records provided by an officer or employee of a township or municipal corporation to the township or municipal corporation for personnel matters are not public records

Notes from the Senate:

  • S.B. 258 was introduced to establish the duties and authority of the Attorney General to investigate and prosecute cases relating to the death of a person caused by a peace officer

For questions or more information on MRR’s Ohio Legislation Updates, contact:

Stacy V. Pollock  – MRR Columbus
Phone: 614.324.0163
Email: spollock@mrrlaw.com

 

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MRR Ohio Legislation Update: December 18, 2015 – December 31, 2015

Notes from the Senate:

  • S.B. No. 256 was introduced to generally require law enforcement agencies to maintain a policy designed to eliminate biased policing and status-based profiling

For questions or more information on MRR’s Ohio Legislation Updates, contact:

Stacy V. Pollock  – MRR Columbus
Phone: 614.324.0163
Email: spollock@mrrlaw.com

Stacy Pollock 8860

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MRR Ohio Legislation Updates: December 4, 2015 – December 17, 2015

Notes from the House of Representatives:

  • H.B. No. 403 was introduced regarding the financing of capital improvement projects in this state by another state or a political subdivision of another state
  • H.B. No. 407 was introduced to require law enforcement agencies that use body cameras to adopt written policies for operation of the cameras and to require agencies to make the adopted policies available to the public
  • H.B. No. 207 was passed by the House, to allow a state fund employer to have a workers’ compensation claim that is likely to be subrogated by a third party paid from the surplus fund account in the state insurance fund rather than charged to the employer’s experience
  • The House approved the Senate’s amendments to H.B. No. 259, which regulates certificates of insurance prepared or issued to verify the existence of property or casualty insurance coverage, updates prompt payment requirements, and requires the administrator of Workers’ Compensation to reduce the transfer of negative experience to a successor employer under certain circumstances
  • The House approved the Senate’s amendments to H.B. No. 340, which extends the operation of the Local Government Innovation Council until December 31, 2019, and modifies political subdivision eligibility for the Local Government Safety Capital Grant Program
  • The House approved the Senate’s amendments to H.B. No. 56, which prohibits public employers from including on an employment application any question concerning the criminal background of the applicant, prohibits a felony conviction from being used against an officer or employee when a public employer is undertaking certain employment practices, unless the conviction occurs while the officer or employee is employed in the civil service, removes the bar against sealing a conviction record when the victim is 16 or 17 years old, and provides that certain independent providers are not employees of the state or a political subdivision
  • H.B. No. 413 was introduced to add to the purposes for which a board of township trustees may go into executive session, to permit a township to charge for recycling services, to reduce the population threshold for a township to adopt a limited home rule form of government, to authorize a township to purchase, lease, or provide underwater rescue and recovery equipment for fire and rescue purposes, to authorize boards of township trustees to pay for group life insurance for any employee, to make other changes to the township laws, to allow taxing units to use the proceeds of a fire, police, or emergency services tax levy to pay costs related to the service for which the tax is levied, and to expand the public infrastructure improvements townships, municipal corporations, and counties may pay for using money from their public improvement tax increment equivalent funds
  • H.B. No. 415 was introduced to create the business linked deposit program, to permit credit unions to participate in that program, to permit credit unions to participate in the agricultural linked deposit program, and to make other changes to the linked deposit law
  • H.B. No. 416 was introduced to enable state colleges and universities to establish joint self-insurance pools

Notes from the Senate:

  • S. B. No. 250 was introduced to prohibit community schools from using state moneys to pay for advertising, recruiting, or promotional materials
  • S. B. No. 251 was introduced to regulate the use of drones for gathering evidence and information by law enforcement officers in Ohio
  • The Senate approved the House’s amendments to S.B. No. 223, which makes changes to the health coverage benefit limits and coverage exclusions for life and health insurance guaranty associations, amends the law relating to reinsurance contracts, updates prompt payment requirements, and makes changes to the effective date of a provision relating to subrogation

For questions or more information on MRR’s Ohio Legislation Updates, contact:

Stacy V. Pollock  – MRR Columbus
Phone: 614.324.0163
Email: spollock@mrrlaw.com

Stacy Pollock 8860

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MRR Ohio Legislation Updates: October 30, 2015 – November 12, 2015

Notes from the House of Representatives:

  • H.B. 389 was introduced to amend various sections of the Ohio Revised Code to enact the Ohio Fairness Act to prohibit discrimination on the basis of sexual orientation or gender identity or expression, to add mediation to the list of informal methods by which the Ohio Civil Rights Commission may use to induce compliance with Ohio’s Civil Rights Law before instituting a formal hearing, and to uphold existing religious exemptions under Ohio Civil Rights Law. (Introduced 11-5-15)

Notes from the Senate:

  • S.B. 234 was referred to the Committee on Education. S.B. 234 would require specified public and nonpublic school officials to search the Uniform Statewide Automated Child Welfare Information System within thirty days of a student’s enrollment and to notify the county public children services agency if specified information is found during that search. (Introduced 10-27-15; Referred to Committee 11-10-15)

For questions or more information on MRR’s Ohio Legislation Updates, contact:

Stacy V. Pollock  – MRR Columbus
Phone: 614.324.0163
Email: spollock@mrrlaw.com

Stacy Pollock 8860

MRR Ohio Legislation Updates: August 20 – September 16, 2015

Notes from the House of Representatives:

  • H.B. 304 was introduced to repeal O.R.C. §743.50 to eliminate the law authorizing the maintenance of buffers around municipal water reservoirs by contiguous property owners. (Introduced 8-25-15)
  • H.B. 311 was introduced to enact O.R.C. § 3305.063 to base the percentage of an employee’s salary that must be contributed to the State Teachers Retirement System on the average percentage used to reduce the Retirement System’s unfunded actuarial accrued pensions liabilities, the purpose being to mitigate the effect of an employer’s participation in an alternative retirement program. (Introduced 8-31-15)
  • H.B. 330 was introduced to amend O.R.C. § 4117.08 and enact several new sections of the revised code to require an individual or entity to obtain an equal pay certificate when submitting a bid for a state contract or applying for a grant from a state agency. It would also require state agencies and political subdivisions to establish a job evaluation system to identify and eliminate sex-based wage disparities and prohibit an employer from retaliating against an employee who discusses their salary or wage rate with another employee. (Introduced 9-14-15)
  • H.B. 333 was introduced to amend O.R.C. § 5575.01 to increase the monetary threshold above which competitive bidding is required for township road, construction, repair or maintenance projects. It would also increase the monetary threshold above which a force assessment is required for a township road project. (Introduced 9-16-15)
  • H.B. 279 was referred to the committee on Government Accountability and Oversight. H.B. 279 would make county humane societies political subdivisions, with approval of appointments of agents needed by the county commissioners, instead of the probate judge. (Referred to committee on 9-16-15)

Notes from the Senate:

  • S.J.R. No. 3 was referred to the Committee on Rules and References. S.J.R. No. 3 would enact section 2t of Article VIII of the Constitution of the State of Ohio to permit issuance of general obligation bonds to fund sewer and water capital improvements. (Referred to committee 8-31-15)
  • S.B. No. 210 was introduced to amend O.R.C. § 5575.01 to increase the monetary threshold above which competitive bidding is required for township road, construction, repair or maintenance projects. It would also increase the monetary threshold above which a force assessment is required for a township road project. (Introduced on 9-14-15)

For questions or more information on MRR’s Ohio Legislation Updates, contact:

Stacy V. Pollock  – MRR Columbus
Phone: 614.324.0163
Email: spollock@mrrlaw.com

 

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