Senate Bill 55, which narrowly passed the Ohio Senate Tuesday afternoon, was originally written as a bill to increase the penalties people face when they sell drugs within 1,000 feet of a rehab center. It was called the "Relapse Reduction Act."
But the Ohio House added an amendment when the bill passed through the chamber in early May. The new language lowered the maximum fine for violating an order issued by the Ohio director of health or the Department of Health to prevent a threat caused by a pandemic from $750 to $150. It also made the first offense a warning and dropped the charge down to a violation from a second-degree misdemeanor.
DeWine, a lifelong Republican, has been clear for weeks that he would veto any bill "that gets in the way of our ability to protect the people of the state of Ohio."
Both the House and Senate have enough Republicans to override the governor's veto, but it's unclear whether they have the votes. Republican Sens. Matt Dolan, Stephanie Kunze and Kirk Schurring all voted against the new version of S.B. 55.
When asked whether he thinks he has the votes to override DeWine, Senate President Larry Obhof, R-Medina, said, "We will save that conversation internally among the senators for another day."
Obhof said lowering the fines for violating health department orders is part of broader discussion happening in the legislature about the emergency powers of the governor and executive branch. Republican lawmakers have introduced multiple bills to curtail the governor's authority, including making all health department orders voluntary until the legislature votes to approve them.
The Senate also voted on another bill related to the coronavirus pandemic, but that one would shield businesses and healthcare workers from civil lawsuits.
The non-controversial part of the bill would expand the definition of what qualifies as a health care provider to include places such as hospitals that might be built inside sports stadiums or convention centers during a pandemic.
The controversial part would raise the burden of proof in civil lawsuits related to COVID-19.
Opponents including Paula Mueller with Elderly Advocates say the bill is too broad and would give "immunity for everyday neglect in nursing homes simply by connecting it to COVID."
But supporters including the Ohio chapter of the National Federation of Independent Business say the bill provides critical protections for businesses that are afraid to operate in the current climate.
"How can we expect small business owners to be subjected to unchecked litigation surrounding a virus they can't prevent," NFIB legislative director Chris Ferruso said in a statement.
That bill heads back to the House to see if they agree with some changes made in the Senate.
"With small businesses facing potentially devastating COVID-19 lawsuits, they don't have the luxury of time waiting until the legislators get done with their summer recess," Ferruso said. "We strongly urge the Ohio House of Representatives to return to Columbus, pass this bill, and get it to the desk of Gov. DeWine for his signature."
———
©2020 the Akron Beacon Journal (Akron, Ohio)
Visit the Akron Beacon Journal (Akron, Ohio) at www.ohio.com
Distributed by Tribune Content Agency, LLC.
