05/27/2016

Legislative Update

Courtesy of John T. McGough

In a marathon session yesterday, the Ohio House and Senate passed numerous bills that will now go to Governor Kasich for his signature. They then recessed for the summer.  In the near future, House and Senate leadership will release their legislative schedules for the remainder of this year. 

H.B. 173 - Veterans Identification Cards

Prior to the Senate’s floor session, the Senate State & Local Government Committee passed

H.B. 173 (Veteran identification cards) out of committee. The OFDA submitted written

testimony in support of H.B. 173.  Then later in the day, the Senate passed the bill and the House

concurred in Senate amendments.  The bill now goes to Governor Kasich for his signature. The

bill will become effective 90 days after the Governor signs the bill.

H.B. 173 does the following:

Allows boards of county commissioners to authorize county recorders or county veterans service

offices to issue veteran identification cards to individuals who satisfy specified requirements.

• Requires the Ohio Recorders Association in consultation with the County Commissioners' Association of Ohio and Ohio State Association of County Veteran Service Officers to establish material and design standards with which county recorders or county veterans service offices must comply in producing veteran identification cards.

• Specifies that veteran identification card application materials are not a public record under the Public Records Act.

• Requires county recorders or county veterans service offices to deposit fees received from the issuance of veteran identification cards into the county treasury to the credit of the county general fund.

S.B. 254 - Fetal Remains

Other legislative activity yesterday included passage of S.B. 254 (Fetal Remains) by the Senate State & Local Government Committee. Later in the day the full Senate passed the bill on a party-line vote with all 23 Republicans voting for the bill and all 10 Democrats voting against the bill. When the Legislature returns from its summer recess, S.B. 254 will be referred to a committee in the House for further hearings.

It is unclear at this time whether S.B. 254 will be the vehicle for passage of legislation relating to fetal deaths or whether H.B. 417 or H.B. 419 will be the bill that moves through the entire legislative process.  Also, there is no guarantee that any bill will ultimately be passed by the Legislature this year.

S.B. 254 does the following:

• Requires the final disposition of fetal remains from a surgical abortion to be by cremation or interment.

• Grants a pregnant woman who has a surgical abortion the right to determine (1) whether the disposition of the fetal remains will be by cremation or interment, and (2) the location for the final disposition.

• Requires the pregnant woman, if she desires to exercise these rights, to certify prior to the performance of an abortion that she made a determination in writing using the bill's detachable supplemental form to the abortion informed consent form.

• Provides that if the woman chooses not to exercise her rights, the abortion facility who performed the surgical abortion will determine whether the final disposition will be by cremation or interment.

• Requires parental consent by a parent, guardian, or custodian for a final disposition determination if the pregnant woman is under 18 years of age, unmarried, and unemancipated, unless a court order authorizing consent to the abortion was issued.

• Prohibits an abortion facility from releasing fetal remains until the facility obtains a final disposition determination or if applicable, parental consent to the determination.

• Permits an abortion facility to arrange for the cremation or interment of fetal remains if the final disposition determination has been made or, if applicable, consented to.

• Requires an abortion facility to document in the woman's medical record the final disposition determination, and if applicable, parental consent to the determination.

• Requires the attending physician for the abortion, when completing an "abortion report" required under continuing law to include the method of final disposition of the fetal remains from a surgical abortion.

• Requires an abortion facility to maintain evidentiary documentation demonstrating the date and method of the disposition of all fetal remains from abortions performed or induced there.

• Requires an abortion facility to have written policies and procedures for cremation or interment of fetal remains from surgical abortions performed or induced in the facility.

• Requires an abortion facility to develop and maintain a written list of locations at which it provides or arranges for the final disposition of fetal remains from surgical abortions.

• Requires an abortion facility to pay for the cremation or interment of the fetal remains.

• Provides that if the pregnant woman's final disposition determination specifies a location for final disposition that is not provided by the facility, she is responsible for the costs related to the disposition at her chosen location.

• Requires the cremation of fetal remains from a surgical abortion to be performed in a crematory facility subject to state regulation.

• Prohibits an operator of a crematory facility from disposing of, or arranging for the transfer or disposal of, cremated fetal remains anywhere other than in a grave, crypt, or niche.

• Prohibits persons from failing to comply with the bill's requirements regarding disposition of fetal remains (other than the grave, crypt, or niche prohibition) and provides that a person who knowingly violates the prohibition is guilty of failure to dispose of fetal remains humanely, a misdemeanor of the first degree.

• Provides that a woman who has a surgical abortion is not guilty of failure to dispose of fetal remains humanely if the fetal remains are not disposed of in compliance with the bill's cremation or interment provisions.

• Provides that a person who buries or cremates fetal remains from a surgical abortion is not liable for or subject to damages in a civil action, prosecution in a criminal proceeding, or professional disciplinary action related to the disposal of fetal remains if the person does all of the following: (1) Acts in good faith compliance with the bill's cremation or interment provisions; (2) Receives a copy of a properly executed detachable supplemental form; (3) Acts in furtherance of the final disposition of the fetal remains.

• Delays the application of the prohibition regarding failure to dispose of fetal remains humanely and the grave, crypt, or niche prohibition until the Director of Health adopts the rules required under the bill.