Regulatory reform legislation passed
Small businesses spend 45 percent more to comply with government regulations than larger businesses. NFIB helped pass House Bill 285 as a means of improving Ohio’s regulatory environment for small business. The legislation, sponsored by Representative Ross McGregor (Springfield), provides for the waiver of administrative fines and civil penalties in the case of first-time paper work violation on the part of small businesses. NFIB helped pass a law to provide a one-time waiver from regulatory fines and fees associated with paperwork infractions for Ohio’s small businesses.
Paid Sick leave mandate defeated
NFIB helped defeat the paid sick leave mandate when it was introduced by initiative as House Bill 536. The measure was not adopted by the legislature and was ultimately withdrawn from the Ohio ballot. Issue 4 would have required all Ohio employers with 25 or more employees to provide seven days of paid sick leave to all full-time workers and a pro-rated amount for part-time workers. An NFIB commissioned study showed that this new mandate would have cost 75,000 Ohio jobs and placed a $1.17 billion annual burden on the state’s employers.
Recent NFIB/Ohio victories:
Clarified minimum-wage amendment requirements
The Ohio General Assembly passed -- and former Gov. Bob Taft signed -- House Bill 690 to clarify and implement new minimum-wage regulations that were approved by Ohio voters in the 2006 general election. NFIB/Ohio championed the passage of House Bill 690 as a means of answering numerous questions that were raised in the aftermath of the passage of the minimum wage constitutional amendment. In addition to raising the minimum wage, the amendment also added new record-keeping requirements for Ohio employers. For example, the measure included recordkeeping and reporting requirements that could have been interpreted so liberally as to put employees at risk of identity theft, fraud or stalking. It also appeared to expand the types of employees to which the minimum wage would apply, including family members working for family-owned and operated businesses and executive, administrative and professional employees.
House Bill 690 outlined that exemptions from the minimum wage that had applied prior to the amendment's passage under Ohio law and the federal Fair Labor Standards Act would still apply. House Bill 690 also provided employers with clear guidelines as to how to comply with the new record-keeping requirements contained in the amendment by clarifying how long records would need to be maintained and who could have access to them.
Established eminent domain moratorium
With the U.S. Supreme Court decision, the possibility now exists for state and local governments to abuse their eminent domain powers for the purpose of "economic development" that results in a transfer of private property to another private entity. Ohio legislation has been passed that puts in place a temporary moratorium on eminent domain takings in Ohio and created a task force to study eminent domain practices in Ohio. NFIB has identified procedural, statutory, and constitutional changes necessary to protect small-business owners.
Passed workers' compensation reform package
Ohio's small-business owners have faced increases in base rates for workers' compensation totaling nearly 19 percent over the last four years. SB 7 contains several positive workers' comp reforms expected to save Ohio employers $100 million in requiring that employees demonstrate clinical evidence coupled with a "substantial" aggravation of a pre-existing injury before re-opening a claim; reduces the time a claim can remain open from 10 to five years and eliminates a claimant's ability to dismiss an employer's appeal.
Limited state spending
The Ohio General Assembly has been unable to control the problem of runaway state spending. Over the last 10 years, the state budget has grown by 71 percent. SB 321 contains statutory protections to prohibit excessive growth of the state budget by requiring all spending increases to be limited at 3.5 percent annually or the rate of inflation, plus the increase in population. The legislation requires that any spending increase above the statutory threshold be approved by a super-majority of the legislature.
Defeated additional health-care mandates
Just three proposed new mandates would have added nearly $1 billion in cost to small employers. State lawmakers wanted to mandate 16 new benefits to small group and individual health insurance policies. These mandates target small businesses because large corporations have a federal exemption. They also limit an employer's ability to design an insurance plan they and their employees want and can afford. NFIB/Ohio is fighting to provide policies that are consumer-driven, require more employee responsibility, and provide more options to small employers.
Passed legal reform legislation
Ohio's small-business owners have faced a dramatic increase in the number and severity of frivolous lawsuits in the civil court system. Lawsuits increase the costs of health insurance, property and casualty insurance, and workers' compensation. Lawsuits cost every man, woman and child in Ohio more than $800 per year. B 80 is a comprehensive legal reform bill that specifically deals with the placing caps on pain and suffering and punitive damage awards -- capped at a maximum of $350,000 (All businesses); creating a time limit of 10 years for construction and products.
Lawsuit abuse reform
In Ohio, NFIB led the coalition to pass lawsuit reform. With the passage of Senate Bill 80 and the limiting of pain and suffering and punitive damages, Ohio took a huge step in providing predictability and eliminating out-of-control jury awards that were threatening businesses across the state.
Workers' compensation reform -- workplace drug and alcohol prevention
Recognizing that the use of drugs and alcohol in the workplace is a leading cause of workplace injuries, NFIB/Ohio worked to pass legislation that creates a disincentive for employees to use drugs and alcohol at work.
Workers' compensation reform -- intentional lawsuit reform
NFIB/Ohio helped lead the fight to limit frivolous lawsuits stemming from the workers' compensation system. The passage of this bill restores the workers' compensation system as the sole remedy for most workplace injuries.
Medical malpractice reform
In Ohio, NFIB led the fight to pass medical malpractice reforms. The passage of Senate Bill 281 which limits non-economic damages like pain and suffering was a huge step in curbing frivolous lawsuits and out-of-control jury awards that are driving doctors out of business across Ohio. While medical associations were out front on this issue, they needed help from NFIB/Ohio to get the last few votes necessary for passage.
Lawsuit liability limits
As a result of NFIB/Ohio's willingness to fight with the trial lawyers in Columbus, a company now will only pay for their fair share of any damages. Previously, a company that was as little as one-percent at fault could have been forced to pat 100 percent of the lawsuit award. This will prevent businesses from being viewed as the "deep pockets" simply because they have liability insurance.
VICTORY: 2002 -- NFIB/Ohio successfully led the charge to stop costly health insurance mandates. Legislators introduced 17 mandate bills that would have adversely impacted small-business owners. An independent study showed that just three of these bills would have cost Ohio small businesses nearly $1 billion.
VICTORY: 2002 -- NFIB/Ohio's unprecedented election effort to elect small-business friendly legislators and return objectivity to the Ohio Supreme Court produced more political contributions and more member mailings than ever before -- and it paid off! Thanks to our members, 88 percent of the NFIB/Ohio- backed candidates won.
Income Tax Uniformity: NFIB helped pass a bill that establishes a uniform definition of "earnings" for purposes of withholding and brings uniformity - including forms, deadlines and appeals relating to municipal tax filings - to the administrative processes.
Tax Reform: NFIB helped pass a bill that makes the tax filing process easier for small business owners. The bill authorizes the electronic filing of certain documents with the tax commissioner and treasurer of the state, extends the time for filing petitions for reassessments and makes penalties discretionary rather than mandatory.
Death Tax Reduction: NFIB's efforts helped pass a bill that reduces the state death tax by providing a $6600 tax credit in 2001 and a $13,900 tax credit for 2002 and after. The bill also provides for a tax deduction equal to the allowable limit under federal law if a family-owned business is passed to other family members. Finally, the bill establishes a joint commission to review the complete elimination of the death tax.
Mandated Benefits: NFIB was instrumental in the passage of a bill that requires the Legislative Budget Office to contract with actuaries to determine the financial impact a mandated benefit will have on small businesses.
