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Tort reform getting near

Members should contact legislators

by Amy Beth Graves

Legislation to end lawsuit abuse may finally become a reality in Ohio. Rocky Black, Ohio Farm Bureau Federation director of state legislative affairs, is optimistic that both the House and Senate will pass a tort reform bill soon – possibly by the end of the year. House Bill 350, introduced by state Rep. Bob Gibbs, R-Lakeville, would help end frivolous lawsuits and excessive jury awards. Tort reform is No. 1 on Farm Bureau’s agenda between now and the end of the year, Black said.

"We will get some activity on tort reform, and that’s a positive thing," he said. "We may still have some more to do next year."

Ohio has been slow to make changes in tort reform – 30 states already have limits on punitive damages, Black said. HB 350 would cap the amount of damages awarded by juries or judges.

"Tort reform has been passed in Michigan and other states surrounding Ohio so it becomes a business competitive issue, and it’s important that Ohio pass tort reform to level the playing field," he said.

Black said the next few weeks are crucial to getting the word out to legislators that tort reform is long past due. He is urging Farm Bureau members to contact their local lawmakers and encourage them to support HB 350.

"It’s important for people to use this time to strongly urge legislators to pass tort reform," he said.

If passed, tort reform would protect u-pick operators from lawsuits filed by people who visit farms to pick produce; protect people involved in the food production industry from lawsuits resulting from the excessive consumption of food (obesity lawsuits), and provide immunity from lawsuits for homeowners and landowners who live adjacent to public lands such as rails-to-trails properties.

Other legislative issues include:

  • Reform of campaign finance laws: Black said a loophole allows large contributions to go to county political parties, which can then give the money to specific candidates. "I think the public confidence needs to be restored on that issue, and the legislature will probably act in some fashion to limit those kinds of conduit contributions," he said.
  • Tax code: The goal is to close loopholes that allow many businesses to not pay their fair share. "I think we’ll see more activity, and we may not see final passage, but we’ll see efforts to shift away from a heavy machinery and equipment-based tax code on the business side to more of an up-front sales tax side or cost-of-service kind of tax," Black said. He doesn’t expect anything to be passed this year.
  • Health care and association health plans: These plans would allow a group, such as Farm Bureau, to pool its health care premiums in order to get a better rate. It has just passed at the national level, and Black said it should be enacted in Ohio, too. He said this proposal could be introduced soon.
 
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