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Kasich Announces Actions on Eleven Bills

COLUMBUS – Governor John R. Kasich today announced that he has signed 9 bills, vetoed Substitute Senate Bill 221 and will let Senate Bill 81 go into law without his signature according to Article II, Section 16 of the Ohio Constitution. 

SIGNED

  • Sub. H.B. 347 (Kelly, Dever) designates multiple memorial highways.
  • Sub. S.B. 220 (Hackett, Bacon) provides a legal safe harbor to covered entities that implement a specified cybersecurity program, allows transactions recorded by blockchain technology under the Uniform Electronic Transactions Act, and alters the definition of "key employee" under the Casino Gaming Law.
  • Sub. H.B. 34 (Hambley, Ryan) authorizes certain state agencies, local governments, and other boards, commissions, and officers to deliver certain notices by ordinary mail and electronically instead of by certified mail, modifies the requirements for public records training for elected officials, and allows a county prosecuting attorney to enter into a contract with a regional airport authority, port authority, or regional planning commission to be its legal adviser.
  • Sub. H.B. 312 (Schuring, Greenspan) regulates the use of credit cards and debit cards by political subdivisions, modifies the duties and powers of the Auditor of State, specifies that electronic submission of a public record request entitles the requestor to damages if the public office fails to comply with the Public Records Act, makes changes to the law governing financial planning and supervision commissions, and authorizes a property tax abatement for certain property subject to a submerged land lease and held by a municipal corporation.
  • Sub. H.B. 336 (Barnes, Greenspan) requires the registrar of motor vehicles to establish a six month driver's license reinstatement fee debt reduction and amnesty program and names this act the Reinstatement Fee Amnesty Initiative.
  • Sub. H.B. 87 (Roegner) contingently amends Section 11 of Sub. S.B. 216 of the 132nd General Assembly upon its enactment and becoming effective regarding public moneys returned to the state as a result of a finding for recovery issued pursuant to an audit of the enrollment records of a community school, clarifies the time period within which a school district emergency levy or substitute levy may be renewed or replaced, clarifies the responsibilities of a school district treasurer regarding the signing or executing of certain documents, requires the State Board of Education to adopt standards for learning management software for internet- and computer-based community schools, regarding qualification for state payments by internet- or computer-based community schools, regarding joint health and medical insurance programs by political subdivisions and county boards of developmental disabilities, regarding submission of five-year financial forecasts by public schools, and regarding the moratorium on certain provisions affecting community schools and school districts whose enrollments were affected due to enrolling students of a suspended e-school.
  • Sub. H.B. 318 (Patterson, LaTourette) requires the Facilities Construction Commission to study and report on school building security upgrades and school resource officers, enacts the "SAFE Act" with regard to suspension and expulsion of students in grades pre-kindergarten through three and positive behavior intervention and supports, and makes an appropriation.
  • Am. Sub. S.B. 216 (Huffman) enacts the "Ohio Public School Deregulation Act" regarding the administration of preschool and primary and secondary education programs, adds the territory of Summit County to the Stark State College District, and prescribes procedures for appointing the board of trustees of the combined technical college district.
  • Am. Sub. H.B. 254 (Wiggam) enacts the POW/MIA Remembrance Act requiring the POW/MIA flag to be displayed at certain buildings operated by the state on Armed Forces Day, Memorial Day, Flag Day, Independence Day, National POW/MIA Recognition Day, and Veterans' Day.

ENACTED WITHOUT A SIGNATURE

The governor will not put his signature on Senate Bill 81, letting it become law according to Article II, Section 16 of the Ohio Constitution on Monday, August 6, 2018, when it will be filed with the Ohio Secretary of State’s office. 

  • S.B. 81 (Terhar) waives the concealed carry license fee for active members of the armed forces and retired and honorably discharged veterans, accepts military experience with firearms as proof of competency with firearms regardless of when the applicant for a license acquired the experience, permits a licensee to renew a concealed handgun license at any time before the expiration of the license, and requires the Attorney General to monitor the number of license fees waived and cap the total amount allowed to be waived at $1.5 million.

Statement from Governor’s Press Secretary Jon Keeling:

“Earlier this year a bipartisan coalition of state leaders from both sides of the gun issue—including former legislators—came together to develop a consensus package of sensible reforms to reduce gun violence in Ohio.  Those reforms were recommended to the General Assembly where they were introduced and had hearings in both the House and Senate. The governor supported the reforms, worked with the General Assembly to find common ground and waited patiently for the legislative process to work, but in the end politics won the day and no action was taken.  The governor is a strong Second Amendment supporter who has signed significant measures protecting this important individual right.  He also values the military service of Ohioans, active duty and veterans, who would benefit from provisions in Senate Bill 81.  But while this legislation has merit and the governor’s support, he believes that the next piece of gun-related legislation that he signs needs to be the package of common sense reforms that has been introduced and which will provide valuable tools to reduce gun violence.  Therefore, the governor will not put his signature on Senate Bill 81, letting it go into law according to Article II, Section 16 of the Ohio Constitution.  Instead he will continue to work with and call on the General Assembly to put common sense and the lives of Ohioans—especially young people—ahead of politics and pass legislation to keep guns out of the hands of dangerous people.”

VETOED

The governor has vetoed Substitute Senate Bill 221.

  • Sub. S.B. 221 (Uecker) reforms agency rule-making and legislative review thereof.

Veto Message:

The text of Kasich’s veto message can be found here.

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VETO MESSAGES

STATEMENT OF THE REASONS FOR THE VETO OF

SUBSTITUTE SENATE BILL 221

AUGUST 2, 2018

Pursuant to Article II, Section 16 of the Ohio Constitution, which states that the Governor may disapprove of any bill, I hereby disapprove Substitute Senate Bill 221 (SB 221) and set forth below the reasons for so doing. 

The established process by which state agencies promulgate administrative rules already has multiple opportunities for interested parties and the public to have input on proposed rules before the rules become final.  During my administration, we added another level of review and input to proposed rules before they become final – the Common Sense Initiative (CSI).  The implementation of CSI was part of a collaborative process with the General Assembly that advanced the shared goal of reducing or streamlining regulations. In furtherance of this shared goal, CSI reviews any proposed administrative rule that has a potential impact on businesses.  Since CSI became operational in 2012, approximately 60% of the proposed rules submitted to CSI for analysis were either amended before they became final or were rescinded and never implemented.  By adding this front-end, stakeholder-centric engagement to Ohio’s administrative rule-making process, CSI heightened the already robust review of proposed rules performed by the General Assembly’s Joint Committee on Agency Rule Review (JCARR).

Substitute Senate Bill 221 (SB 221) undermines this existing process by providing JCARR with new, open-ended, undefined powers to question the effect of a rule after multiple rounds of public comment, after CSI’s review, after JCARR’s scrutiny, and after the rule has begun being implemented. This eliminates any sense of finality crucial to the effective enforcement of laws and denies the private sector stakeholders subject to laws any certainty regarding the regulations and requirements the General Assembly is imposing on them.  Moreover, these new powers the General Assembly is giving itself are based on wholly undefined concepts.  Neither the bill nor the Ohio Revised Code contains any definition or explanation as to what constitutes a “principle of law or policy” or what rises to the level of “having an unintended or unexpected effect on business”.

Because SB 221 would in effect never allow an administrative rule to be “final” because it could always be re-opened in JCARR even after JCARR had already approved the supposedly final version of the rule, the bill will create uncertainty among stakeholders and the public on whether the rule should be followed. That uncertainty will cause additional burdens and impose additional costs on those who are subject to the rule.  Moreover, the General Assembly already has the power and authority to pass legislation that specifically addresses any concerns it may have with already promulgated rules, and the attempt to use JCARR to supplant the natural legislative process represents an erosion of the separation of powers. Therefore, this veto is in the public interest.  

IN WITNESS WHEREOF, I have hereunto subscribed my name and caused the Great Seal of the State of Ohio to be affixed at Columbus this 2nd day of August, Two Thousand Eighteen.

_____________________________

John R. Kasich, Governor

 

This will acknowledge the receipt of a copy of this veto Message of Substitute Senate Bill 221 that was disapproved by Governor John R. Kasich on August 2, 2018.

 

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                                                                                                Date and Time of Receipt