From the Statehouse 2008 No. 08
by Jennifer Garrison
Mar. 14, 2008
From the Statehouse:
Jennifer Garrison
With the economy struggling, Ohio needs to make a special effort to attract and retain small businesses. We in the Ohio House of Representatives want the state to be as business-friendly as possible, and my colleagues and I passed three bills this week that directly affect small companies.
Red tape can often engulf small businesses, but those companies that make good faith efforts to file paperwork properly should not be penalized if they have never previously had a problem. House Bill 285 waives administrative penalties for paperwork violations by small businesses if the infraction is a first time offense. The bill requires owners who are in violation to work with the state to properly complete and file the paperwork in a timely manner.
The bill does not apply if the violation would endanger the public health or safety, or harm the environment. It doesn’t apply if failing to impose the fines or penalties would interfere with criminal procedures, nor if the violation involves the collection of any tax, debt, revenue, or receipt.
This legislation is intended to ease the burden for small employers attempting to follow state rules. H.B. 285 passed unanimously, including my “yes” vote. It now goes to the Senate for its consideration.
Substitute House Bill 374 will allow businesses to file original articles of incorporation that restrict cumulatively voting. This brings Ohio in line with the most progressive business laws of other states.
Cumulative voting is a system by which some corporations allow minority shareholders to force the corporation to seat one of their members on the board. They might allocate all of their votes to one seat in order to guarantee their representative a position on one of the board’s multiple open spots.
Currently, Ohio law allows corporations to opt-out of cumulative voting 90 days after their initial incorporation by filing amended articles of incorporation. H.B. 374 will eliminate this 90 day period allowing the original articles of incorporation to eliminate cumulative voting.
H.B. 374 passed unanimously, including my “yes” vote. Its next stop is the Ohio Senate.
The third bill approved by the Ohio House protects the right of citizens with certain medical conditions like crones disease to relieve themselves. House Bill 150 provides access to private restroom facilities in public places of business for individuals who suffer from incontinence due to medical conditions, such as Crones Disease and Colitis. It is a common sense approach that doesn’t hurt any business, but helps many Ohioans.
The bill encourages, but does not require, retail establishments to allow customers to use their facilities during normal business hours under certain conditions, including if the customer has an eligible medical condition, there are at least three employees working at the time, the business does not normally make a restroom available to the public, and the location of the toilet does not create an obvious health or safety risk to the customer or a security risk to the establishment. Businesses would be protected from civil liability for injury or death to a customer.
H.B. 150 passed unanimously, including my “yes” vote. It now goes to the Senate for its consideration.
You can reach Jennifer Garrison at her Columbus office at (614) 644-8728 or in the district at 373-2414 or by e-mail at jennifer@jennifergarrison.com. Her Web site is Riffe Center | 77 South High Street | Columbus Ohio 43215-6111 | (800) 282-0253 | District93@ohr.state.oh.us
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