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Ohio Senate ends session with Business Immunity Bill

07/01/2020

Ohio Senate ends session with Business Immunity Bill

The Ohio Senate ended their summer session yesterday by passing a couple measures ACEC Ohio has been supporting:
 
House Bill 606 grants temporary immunity to businesses during the COVID-19 pandemic. The Ohio Senate passed their version of HB 606 that included 6 amendments:
 
  • Changed the temporary law provisions of these immunity provision to 12/31/2020.  The Senate version of the bill (SB 308) provided a sunset of April 2021.  The Senate feels if the pandemic is continuing later this year, the General Assembly can extend the deadline for this immunity.
  • The House version excluded intentional conduct from immunity, the Senate approved version stipulates that there is no immunity for intentional misconduct.
  • The Senate version removes the rebuttable presumption of BWC COVID19 cases.  BWC has indicated that they are currently processing and acting upon COVID19 claims and this language is unnecessary.
  • The Senate version adds language that if immunity does not apply to an injured person, they can still bring an individual claim against another party, but cannot file a class action suit.
  • The House version provided broad immunity to the state from any claims filed against them.  This was primarily intended to deal with prisons and the Senate thought this immunity for the state was too broad, particularly because it provides broader immunity for the state than is provided to healthcare professionals and businesses.
  • The final amendment are several definitional changes to the bill.
 
The bill now goes back to the House for concurrence in these Senate amendments.  If the House refuses, the bill will go to a Committee of Conference to resolve the differences.  At this time the House is not scheduled to come back until September, however, this bill is critically important to healthcare workers and businesses, as they re-open, so the House may come back for a special Session in July to deal with this measure. Click here to see full bill and analysis.
 

House Bill 264 permits the Ohio Water Development Authority to refinance loans and grants for public water and wastewater infrastructure projects in a move lawmakers said will save taxpayer dollars. The authority could also issue water development revenue bonds and notes to pay for refinancing one or more projects under the bill.The bill now returns to the House for concurrence. Click here to see full bill and analysis.

*For additional legislative information, including capital funding, see last week's newsletter article: Legislature wraps up session with Capital Funding

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