Pro-Business Victories in 2001

The 124th General Assembly brought many new faces to the statehouse. The legislature spent much of the year trying to balance the state’s budget during a time of decreased tax revenues due to a downturn in the economy. However, the Ohio Chamber of Commerce’s governmental affairs team was able to achieve several key legislative victories. In 2002, we will build on these victories to further strengthen the state’s business climate.


Ohio Chamber Contact–
Linda Woggon, Vice President, Governmental Affairs
lwoggon@ohiochamber.com

SIGNED INTO LAW
: HB 192, This law protects gun makers from liability for a person’s injury or death unless the injury is the result of a product malfunction.

SIGNED INTO LAW: SB 110, Effective February 20, 2002, this new law strengthens classified boards of directors by allowing shareholders to remove directors only “for cause.” It also requires the approval of a majority of the shares held by voting disinterested shareholders for adoption of an amendment to declassify such a board and confirms the authority of directors to redeem options.

PASSED SENATE, AWAITING HOUSE ACTION:
SB 120, This tort reform bill will move Ohio from an unfair joint and several liability system to one based on proportionate liability, saving businesses money and bringing predictability into the system. Defendants who are less than 50 percent responsible for an injury will only have to pay a share of damages based on their percentage of fault.


Ohio Chamber Contact–
Dan Navin, Director, Taxation & Public Finance
dnavin@ohiochamber.com

SIGNED INTO LAW: HB 405, The Budget Corrections bill offered by Governor Taft and passed by the House included new business taxes to the tune of $465 and $335 million respectively. The Ohio Chamber was victorious in striking down the proposed tax increases saving Ohio businesses millions of dollars.


Ohio Chamber Contact–
Susan Montgomery, Director, Environment & Health Care Policy
smontgomery@ohiochamber.com

SIGNED INTO LAW: Sm.Sub.HB 231, The Isolated Wetlands bill, was a joint effort by the regulated community and Ohio EPA to enact reasonable rules for managing isolated wetlands. The law allows for a quicker permitting process, more predictability, scaled review based on the size of the wetland, and the use of mitigation banks.

PASSED SENATE, AWAITING HOUSE ACTION:
SB 105, establishes a five-year statute of limitations for actions to collect civil and administrative penalties for environmental violations.


Ohio Chamber Contact–
Tony Fiore, Director, Labor & Human Resources Policy
afiore@ohiochamber.com

SIGNED INTO LAW: Am.Sub.SB 97. The Chamber helped lead a massive grassroots effort to pass this important insurance bill. The law remedies several adverse 4-3 Ohio Supreme Court decisions that unfairly expanded employer liability and drove up the cost of Uninsured/Under Insured Motorist (UM/UIM) coverage. Signed by the Governor this summer, this bill eliminates the mandatory offering of UM/UIM insurance and provides more clarity about when an employee is covered under an employer’s policy.

SIGNED INTO LAW:
SB 99, This law streamlines the procedures for reporting unemployment compensation wage record information, applying for determination of unemployment compensation benefits and appealing such decisions.


Ohio Chamber Contact–
Susan Montgomery, Director, Environment & Health Care Policy
smontgomery@ohiochamber.com

SIGNED INTO LAW: Sub.SB 4, Called the Prompt Pay bill, the law codifies new deadlines for insurance companies and HMOs to pay completed claims submitted by providers of health care services. The Ohio Chamber was able to ensure that ERISA-qualified, self-insured employers are exempt from the bill’s provisions.

PREVENTED COMMITTEE ACTION:
HB 100 (Diabetes Mandate), SB 55 (Any Willing Provider) and HB 33 (Mental Health Mandate) are just three examples of health care mandates the Ohio Chamber has had to battle during the first part of the legislative session. According to actuarial reports, if all three of these mandates are enacted, affected Ohioans could see health insurance premium increases of 12 to 14 percent on top of any annual increase.