COLUMBUS, Ohio — State lawmakers on Wednesday unanimously passed sweeping legislation to address a number of pressing issues caused by the coronavirus crisis, including extending mail-in primary voting until April 28, allowing high-school seniors to graduate, freezing school-voucher eligibility, and banning water utilities from disconnecting service.
With limited floor debate, the Ohio House and Senate approved House Bill 197, which were worked out in advance by legislative leaders from both parties, as well as Gov. Mike DeWine.
DeWine will sign the bill “soon," according to a post on his official Twitter account.
Lawmakers in both chambers adopted special voting procedures to observe social distancing, including spacing out their desks, staggering how many legislators were in the chamber at a given time and in the Senate’s case, encouraging casual dress, which they said was more likely to be cleaned frequently.
House Speaker Larry Householder said staff used a forehead thermometer to check the temperatures of members as they walked onto the floor to make sure they didn’t have a fever.
“This is an unusual time, and Ohio families are going through some very unusual circumstances,” said Householder, a Perry County Republican. "And their government is as well.”
Since the coronavirus arose in China late last year, it has spread around the world, infecting more than 438,000 people -- including at least 704 Ohioans 10 of whom had died as of Wednesday. Many of the provisions in the legislature’s coronavirus response bill codified executive orders made by DeWine in recent days as he’s ordered sweeping closures of businesses and restrictions on everyday Ohioans lives to try to control the spread of COVID-19.
Amended House Bill 197 includes measures to:
Extend mail-in balloting for the March 17 primary until late April: There will be no in-person voting for Ohio’s 2020 primary election under HB197 (except for disabled voters needing special assistance), but mail-in balloting would be allowed to continue through April 28. As the Ohio Department of Health closed polling places on March 17, Secretary of State Frank LaRose moved the ending of the primary for June 2. But lawmakers balked at this, and the bill they passed gives voters until April 28, the date sought by the Ohio Democratic Party in a lawsuit. State Sen. Matt Huffman, a Lima Republican, said Wednesday that it would be inaccurate to say that the election is being moved to late April: “We’re merely allowing additional voting for the March 17 election.” Voter-rights groups have said the election wrap-up date is too soon, among other concerns, and have said they may sue.
Waive K-12 testing and allow graduation: The bill waives testing requirements and report cards for this school year, and it allows high-school seniors to graduate if their school determines they were on track to do so before classes were interrupted. Another measure waives limitations on distance learning for Ohio K-12 schools, and allows schools to use distance learning to make up for the three weeks Ohio schools will be closed.
Freeze school-voucher eligibility: If lawmakers don’t act by March 31, the number of Ohio public schools where EdChoice private-school vouchers are available will balloon from about 500 to around 1,200, as more schools – including many in affluent areas – have been designated as “underperforming.” As state funding is limited, individual districts would have to pay a large chunk of the expanded vouchers. The Senate’s bill would keep the voucher eligibility at existing levels.
Allow for school meal programs this summer: HB 197 temporarily exempts schools and other entities from state food-processing requirements so they can continue serving meals to students.
Prohibit water service disconnections: The legislation authorizes the Ohio Environmental Protection Agency to prohibit public water systems from shutting off service to customers for non-payment. The Public Utilities Commission of Ohio already arranged for most utilities to pledge not to disconnect service during the coronavirus crisis, but the PUCO doesn’t regulate public water systems.
Expand unemployment insurance: The bill codifies an executive order by DeWine to temporarily waive the typical waiting period required to qualify for unemployment benefits, and erase (for now) the requirement that people who get jobless benefits must seek work.
Permit public meetings electronically: Normally, most government bodies must conduct business in person, but the bill temporarily allows public meetings to be held remotely, so long as the public has access.
Extend tax-filing deadline to July 15: Ohio lawmakers pushed back the state’s income-tax filing deadline to conform with federal changes.
Allow dipping into Ohio’s rainy-day fund: Lawmakers didn’t approve a withdrawal from the state’s $2.7 billion Budget Stabilization Fund. But the bill gives permission for DeWine to do so if he sees fit.
Allow some state workers to be rehired: The measure allows the rehiring of recently retired workers at the state’s prisons agency, youth prisons, Department of Mental Health and Addiction Services, Department of Veterans Services, and Department of Developmental Disabilities.
Extend the validity of state and local licenses for 90 days: State Sen. Matt Dolan, a Chagrin Falls Republican, said this provision will help people who are reluctant to go to a public building to renew a permit, or if the agencies themselves are closed (as is the case with most Ohio Bureau of Motor Vehicles locations).
Give recent nursing grads temporary licenses: Nursing-school graduates who have not yet passed their licensure examination would be able to obtain a temporary license lasting until Dec. 1 or 90 days after the governor’s state of emergency ends (whichever comes first).
Most of the measures included in the bill are temporary, ending Dec. 1 or when the state of emergency is lifted. Householder said the legislature is unlikely to re-convene any time soon, although he said there could be action taken down the road.
“If he [DeWine] needs more tools for his toolbox, and he needs more appropriations, we may come back,” he said. “But at this time, we have no plans to come back for session or committees until things get better.”
Before amending and passing HB 197, senators from both parties spoke in favor of the changes, saying they were needed to address a major crisis that has resulted in most Ohioans being ordered to remain at home as the virus spreads.
“We are recognizing that in this time of need, we want to ease the burden on Ohio citizens and allow the functions of government to continue during the time of this crisis,” Dolan said on the Senate floor.
Senate Minority Leader Kenny Yuko, a Richmond Heights Democrat, said in a floor speech that the bill is a “joint effort” that “nailed the concern” that all Ohioans have.
“All of this was absolutely very, very necessary," Yuko said.
“These are extraordinary times. This is an extraordinary bill,” said State Rep. Jamie Callender, a Lake County Republican.
State lawmakers had considered adding some non-coronavirus-related items to the bill as well, including proposals to change how public corruption cases are handled and lowering the bar for state issue campaigns attempting to make the ballot. However, Senate President Larry Obhof, a Medina Republican, said those measures were not included in the final version of the legislation.
“We tried very hard to make sure that what ended up in the final version of this bill was specific to the coronavirus and the state’s response to that and the needs created by that -- and in a few other cases, like EdChoice, things that were time-sensitive,” Obhof told reporters after the vote.
Here is the full bill amendment text, as well as bullet points provided by the Ohio Senate Republicans: