CA CAPI PITOL VI VIEW: UPD PDATE ON N CH CHANGE NGES TO OHIO LAW W AND ND RULE C LE CHA HANGES ES Prese sented b by Kevin C n C. C Connel nell, E Esq. Bruns, s, Connell, Vollmar & r & Armst stron ong, L LLC Chair ir, O OACTA Legis islative A Affairs C Commit mmittee
133RD GENERAL ASSEMBLY 2019-2020
Current Political Composition of Ohio General Assembly Ohio House of Representatives As of November 12, Party 2019 After November 8, 2016 Democratic Party 38 33 Republican Party 60 60 66 66 Vacancy 1 0 Total 99 99
Ohio State Senate Party As of October 10, 2019 Democratic Party 9 Republican Party 24 Total 33
RECENTLY ENACTED OHIO LEGISLATION “ Beware of the Budget Bill ”
Am. m. Su Sub. HB 166 – Bienn nnial B Bud udget b bill ( (with sur urprises!) p passed i in n June une 201 019 • Tax deduct ction f for l lawyers (now repealed before implemented largely due to efforts of OSBA led response) Chiropract ctor s solici citation m moratorium • • Bill removes from definition of “public record” the phone numbers of parties to MVAs such that this information is no longer required to be listed on police report (R.C. 149(A)(1)(mm) Creates new R.C. 1349.05(B)-(E) which prohibits health care • practitioners or paid solicitors from contacting in person, by phone, or by electronic means any party to a MVA until 30 days after the MVA • Chiropractors challenged on constitutional grounds in First Choice Chiropractic, LLC v. Mike Dewine (U.S. Dist. Ct. Northern District, Eastern Division, Case No. 1:19CV2010) - Mag. Judge Baughman recently denied Motion for Preliminary Injunction to prevent this from taking effect on October 17, 2019. Therefore, it is now in effect.
LE LEGISLA LATIO ION P N PENDING ING RD GENER IN T IN THE E 133 33 RD ERAL L ASSE ASSEMBLY
■ Proposed to eliminate full liability defenses codified Pu Publ blic in R.C. 2744.02(B) – Police emergency call defense Motor 2744.02(B)(1)(a) – Fire emergency run defense 2744.02(B)(1)(b) Vehicle le – EMS emergency run defense 2744.02(B)(1)(c) ■ Replaces defense with the following defense: “A political subdivision is not liable in damages *** Liabili lity y caused by an employee’s negligent operation of a motor vehicle if the plaintiff, at the time of the alleged negligence, was attempting to flee from a law Chang anges enforcement officer so as to avoid apprehension for a criminal offense.” (HB 27 27) ■ Proposed and supported by OAJ ■ Opposed vigorously by most municipal organizations ■ In House Civil Justice Committee – last activity was March 2019 Do o not e expect it it to o move
■ Creates Family and Medical Leave Insurance Program to provide 12 weeks of family and medical leave insurance benefits to address serious health condition, care for family member or Stat St ate bond with a child ■ Employees can opt into the program and Family ly pay premiums to fund the program ■ Requires employer to restore individual who has taken leave to the job they had Medi edical al before leave or to an equivalent position ■ Creates state regulatory body for Leave (H (HB B administration of the program with appeal rights, etc. 91/S 1/SB 9 91) 1) In In House In Insu surance C Committee (n (not m much activity s since 3 3/19) In In Senate In Insu surance a and F Financial In Inst stitutions Committee ( (first s sponsor t testimony 9 9/25/19)
One Subject Rule Challenges (HB 126) Provides an action to challenge an act as violative of Ohio Constitution One Subject Rule must be brought within 275 days of effective date Attempts to limit challenges to Constitutionality on this basis to promote stability in the law – supported by Buckeye Institute Opposed by ACLU – shouldn’t limit right to challenge because society evolves and what may seem innocuous now, may be more relevant later House Civil Justice Committee – 3 rd Hearing 5/14/19
Courts – Exercise of Jurisdiction (HB 272) ■ To expand the basis of a court’s exercise of personal jurisdiction ■ Expands RC 2307.382 to include catch-all jurisdictional ground – “court may exercise personal jurisdiction over a person on any basis consistent with the Ohio Constitution and the United States Constitution.” ■ Proponents testified that expanding Long Arm statute to “reach the limits of the Due Process Clause” ■ Reaction to Supreme Court case and 6 th Circuit case Brunner v. Hampson with held long-arm analysis required a plaintiff’s injuries be proximately caused by the defendant’s Ohio-related conduct ■ Supported by OSBA and OAJ ■ Passed House 92-0 on 11/13/19 now on to Senate
■ To eliminate the rule of Construction regarding a court’s considerations in determining legislative Eli Eliminate intent when a statute is ambiguous – now found at R.C. 1.49 where Courts directed to review: Rule le of of (A) The object sought to be attained; (B) The circumstances under which the statute was Statu Sta tutory enacted; (C) The legislative history; Con onstr truction (D) The common law or former statutory provisions, including laws upon the same or similar subjects; (SB SB 1 108) (E) The consequences of a particular construction; (F) The administrative construction of the statute. ■ Proponent Buckeye Institute wants to eliminate courts from relying upon sources outside the “prescribed proving grounds of bicameralism and presentment” and this statute encourages staffers, lobbyists and other interest groups from circumventing the constitutional legislative process. ■ LSC analysis says eliminating R.C. 1.49 would not prevent a Court from taking these factors into account as Courts could and did at common law. Passed S Senat ate 3 31-0; r referred t to House J Judiciar ary – last t com ommittee a action on 5 5/19
Cont ntract ct A Actio ction – Sta tatut ute of L Limit imitatio ions (H (HB 251) ■ Shortens S/L on written contract from 8 t 8 to 6 y 6 years rs ■ Shortens S/L on oral agreements from 6 t 6 to 4 y 4 years ■ Requires action from consumer transaction primarily for personal, family, household purposes based on express or implied agreement be commenced within 6 years after COA accrues ■ Changes current law by providing that no “tort action” instead of “civil action” under current law based upon a COA that accrued in another state may be commenced in Ohio if the limitation period under the other state’s law or under Ohio law has expired. ■ Generally prevents an action on a contract in writing that seeks post- default interest at a rate governed by another state’s law and in excess of the fed short term rate from being commenced in Ohio if the limitation period under other state’s law or Ohio’s law has expired. Repo ported o out ut of Hous use Jud udiciary Co Committee 11-0 on on Novemb mber 13, 2 2019 r rec ecommen ending g pas assage age
Permits public authority to include provision that design professional indemnify public authority with regard to third party liability Indem demnity Also permits indemnity from subcontractors of design Provisions ons professional for d design n Any indemnity in public improvement contracts has to professiona onals be in conformance with newly created statute on P n Pub ublic Permits a public improvement contract to require an Improvem emen ent insurance policy as a form of indemnification Cont ontracts Stipulates that indemnity only for designers proportionate to share of liability (HB 1 159) 59) Current law permits indemnity provisions to effectively expand the designer’s standard of care to a “near perfection” standard on public projects Pending i in Ohio H o House C Civil J l Justice C Committee – last t action 4 4/19
■ Current law allows PD cap exception if injury resulted from defendant acting purposely and knowingly as defined in R.C. 2901.22 AND defendant convicted of or plead guilty to crime Punitive Puniti that is a felony that has an element of offense is mental state of purposely and knowingly and is basis of tort action Damage ages ■ Proposed law, PD cap exception extended if injury resulted from defendant acting in violation of law AND defendan dant convicted o of or plead g guil ilty t to felony t that at “ “is is a a stric ict c crim iminal liab iability o offense” or that had as an element of the offense one Cap Cap or more of the culpable mental states of purposely and knowingly and is basis of tort action. ■ Strict Liability offenses to which new law would apply: Excep eptio tions ns – Agg. Vehicular homicide (death as result of impaired driving) (SB SB 4 46) – Agg. Vehicular assault (serious injury as result of impaired driving) – Statutory rape of child under 13 – Sexual battery to persons in position of trust (i.e. guardians, coaches, teachers, etc.) – Importuning (soliciting sex with a minor) – Pandering obscenity – Endangering children (impaired driving with minors in vehicle by repeat offender or in first offense that results in serious physical harm) – R.C. 2315.21(D)(6) Se Senat ate O Oversight Co Committee w wit ith l lit ittle ac actio ion – las ast ac actio ion 3 3/19
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