July 19, 2018
Remember last week when we told you that the Ohio House would see you in September. Scratch that. On Tuesday of this week, Speaker Ryan Smith released his chamber’s schedule for the second half of 2018, including therein a voting session for Tuesday of next week. House members are expected to concur on Senate amendments to the payday lending crack down, House Bill 123, and send that hot potato to the Governor for his signature.
New Dayton-area representative to be seated
In addition to payday lending, the House will also seat its newest member, J. Todd Smith, a Republican pastor from Germantown near Dayton, who will represent the people of the 43rd Ohio House District. Smith, who is running against Democrat Dan Foley, a Montgomery County commissioner, in the November election will now have the benefit of incumbency. The 43rd District includes Preble and portions of Montgomery County.
Big OSBA THANK YOU to former Representative Jeffery Rezabek!
The 43rd District was previously represented by OSBA member and longtime family law attorney Jeffery Rezabek of Clayton, who Governor John Kasich recently appointed as judge in the Montgomery County Juvenile Court. He replaces Judge Nick Kuntz who passed away in May.
The OSBA is exceedingly grateful for Judge Rezabek’s work while in the Ohio House. In fact, readers of this weekly report know he has been a go-to legislator for the OSBA, carrying (along with Representative Bob Cupp), the OSBA Estate Planning, Trust and Probate Section’s two-part effort to improve and streamline Ohio probate law via House Bill 432 of the 131st General Assembly and House Bill 595 of the current session, which passed the House this year and is now pending in the Ohio Senate. You can read all about them here.
Rezabek also recently spent time with the OSBA Juvenile Law Committee, talking with its members about a number of pending bills and issues of interest to juvenile law practitioners, including legislation he sponsored that would eliminate mandatory bindovers and make modifications to discretionary bindovers (House Bill 394) and his bill to ban “sexting” for those under 21, while giving prosecutors, judges and defense attorneys the ability to better differentiate who is truly pandering obscene material of minors and who is a teenager making a bad choice (House Bill 355).
As predicted, bills to legalize sports gambling introduced in the Ohio House
Following the U.S. Supreme Court decision that the federal ban on sports betting (everywhere except Nevada) is unconstitutional, one wouldn't have to spend a lot of time at the track or in the casino to predict that legislation to allow it in Ohio would soon be introduced. Sure enough, House Bill 714, sponsored by Representative Dave Greenspan (R-Westlake), and Senate Bill 316, sponsored by Senators John Eklund (R-Munson Township and Sean O’Brien (D-Bazetta) to “express the intent of the General Assembly to develop and enact legislation legalizing sports wagering,” were introduced late last week.
Want a quick primer on the legal landscape around sports betting in Ohio and to earn a bit of CLE credit while doing so? Check out our quick webcast where OSBA Assistant Executive Director of Policy and Public Affairs Todd Book talks with Senator Bill Coley (R-Liberty Township), who chairs the Senate Government Oversight and Reform Committee, and attorney Kevin Braig of Shumaker, Loop and Kendrick, LLC.
Supreme Court seeks comments on proposed rules
Finally, in Ohio Supreme Court news, Justices are seeking comment on a proposed amendment to the Rules of Superintendence for Ohio Courts that would create alternative dispute resolution (ADR) as an option in settling family matters within the state’s probate courts, as well as proposed amendments that would broaden the mediator qualifications for courts across the state.
The OSBA’s Estate Planning, Trust and Probate Section, Litigation Section and Family Law Committees will be reviewing the rules, but we encourage you to take a look as well, and be sure to get any comments or concerns you may have to the Court no later than the Aug. 15 deadline.
As mentioned previously, the Ohio House will hold a voting session Tuesday, July 24 at 11 a.m. Check back here next week for a full report.
Tracking OSBA Legislation