Unemployment fraud, victims rights, bail reform, religious freedom measures headed to DeWine's desk

Dec. 19—Bills headed to Ohio Gov. Mike DeWine's desk after a General Assembly lame-duck voting spree last week include an attempt to stem fraud in the state unemployment system, further definition of Marsy's Law, and a bill requiring religious accommodations in state colleges and universities.

Changes to the state's unemployment verification system include authorizing data sharing between many state departments to cross-check employment, incarceration, income and death records. That includes sharing identification photos.

State Sens. Bob Hackett, R-London, and Bill Reineke, R-Tiffin, introduced the measure as Senate Bill 302 in March. A similar substitute bill passed the Senate at the end of November and got through the lame-duck House session 65-22.

During House debate state Rep. Mark Fraizer, R-Newark, said the bill reflects recommendations made by the state's Unemployment Modernization Improvement Council, on which he served. Fraizer sponsored a companion bill in the Senate.

Backers of the bill said it was needed in response to an upsurge in unemployment fraud during the COVID-19 pandemic: a total of $5.9 billion in "fraud and overpayment" in Ohio, Fraizer said.

Opponents noted fraud within Ohio's unemployment system remained very low, and that the vast majority of fraud — which occurred nationwide, not just here — was in the flood of federal supplementary unemployment payments rushed to applicants with less vetting.

The bill will do nothing to address the instances of fraud that do occur in the state's system, but will make it harder for legitimate applicants to access benefits, said state Rep. Michael Skindell, D-Lakewood.

Marsy's Law

An elaboration on a 2017 constitutional amendment expanding crime victims' rights made it through after languishing for months.

State Rep. Andrea White, R-Kettering, introduced HB 343 in June 2021. A related substitute bill passed the House in May 2022 and sailed through the Senate unanimously Dec. 14.

Sub HB 343 codifies details of "Marsy's Law," which is meant to ensure crime victims are treated fairly and have the opportunity to exercise their rights in our criminal justice system.

It's named for Marsy Nicholas, a California woman murdered in 1983. Starting with California in 2008, several states have adopted it as a constitutional amendment, including Ohio.

State Sen. Nathan Manning, R-North Ridgeville, said on the Senate floor that the amendment was deliberately left vague with the expectation it would be followed by legislation with specifics.

According to Legislative Service Commission analysis, the approved bill: — Expands a victim's representative rights, including early and increased access to information on their cases. — Requires law enforcement to immediately give crime victims a detailed pamphlet on their rights, plus provide a victim's rights request form within 14 days of starting prosecution. — Sends victims notice of relevant actions by courts, prosecutors, jails and probation departments, and offer free or inexpensive access to copies of many legal documents. — Lets victims of violent crimes submit statements before authorities consider parole, commutation or a reprieve for an offender. — Allows testimony by child victims to be taken by deposition, recorded or provided by video.

Religious accommodation

State colleges and universities will be required to "reasonably accommodate" students' religious practices and beliefs under the "Testing Your Faith Act."

State Reps. Gary Click, R-Vickery, and Jessica Miranda, D-Forest Park, introduced House Bill 353 in June 2021. An amended version passed the House in April 2022, and unanimously cleared the Senate on Wednesday.

Amended HB 353 requires those schools to allow for students' religious needs in setting rules for tests, attendance and other academic requirements. The accommodation policy must be listed on course syllabi and posted prominently on campus.

Many state schools already have such policies in place, according to LSC.

Bills inside of bills

Legislators not only rushed dozens of bills through their lame-duck session, they passed bills inside of other bills, tucked into unrelated matters through last-minute amendments.

One that changed to include a lot was Substitute Senate Bill 202

Sponsored by state Sens. Bob Hackett, R-London, and Nickie Antonio, D-Lakewood, the original version simply prohibited using someone's disability as a reason to deny or limit custody, parenting time, visitation, adoption, or being a guardian or foster caregiver.

The original intent stayed in the bill, but on the House floor Republicans added amendments to do many more things, including bills that had passed one chamber but hadn't made it to the floor of the other.

An amendment to create a task force on bail, proposed by state Rep. Bill Seitz, R-Cincinnati, made it into the bill without objection.

Backers of longstanding reform efforts argue that the cash bail system is unfair because poor people may sit in jail while the wealthy, accused of the same or more serious crimes, walk free simply because the latter can afford bail.

On Nov. 8 Ohioans voted overwhelmingly for a Republican-backed constitutional amendment adding requirements for judges in setting bail.

Now that the constitutional amendment is in place, Seitz asked if bail needs further examination.

The task force will gather data from the state's 88 sheriffs on how many low-level offenders are held in county jails because they can't afford bail; and how many are held because they're repeat offenders, have dodged court dates before, or are accused of serious crimes.

"We don't know" the answers to that; hard data is lacking, Seitz said. Sheriffs and Ohio bail agents have agreed to exploring those questions, he said.

"Frankly this is a very baby step forward, but a baby step forward is better than a giant step backward," Seitz said.

State Rep. Brett Hillyer, R-Ulrichsville, added a "boiled-down version" of SB 199, changing state law on guardianship, trusts and other estate matters. The original of that passed the Senate in March, and a substitute version cleared the House on Dec. 1.

The version included in Sub SB 202, according to a fiscal analysis from the LSC, clarifies rights on disinterment, and keeps secret proceedings in a probate court settlement made by guardians of a minor, among other things

After more Republican-sponsored amendments on judicial qualifications and pay, legal services for local governments and a land transfer in Lucas County, the overall bill passed the House 64-24. Following concurrence on the amendments by the Senate, it moved on for Gov. Mike DeWine's signature.