Lear on Senate Resolution 2: ‘Probably will be the most significant legislation that we pass’

Politics

Bethlear

State Rep. Beth Lear (R-Galena) was sworn in on Jan. 4. | Ohio House of Representatives

State Rep. Beth Lear (R-Galena) is focusing on many issues as the 2023 Ohio General Assembly reaches its midway point.

Lear is in her first session representing the 61st House District, which encompasses parts of eastern Delaware County and western Knox County. Lear was sworn into office for her first term in the Ohio House of Representatives earlier in the session.

She has previously worked as a legislative aide in the Ohio House, served as the education policy analyst and legislative liaison for the Buckeye Institute and held the position of vice president of government affairs for Associated Builders and Contractors of Ohio.

Knox County

In Knox County, Lear said she and other legislators are pushing for more state funding for the Knox County Fairgrounds.

“I don't know if they're going to put it in the budget or not, but there was a capital expenditure for the fairgrounds and Sen. (Andrew) Brunner and Rep. Darrell Kick and I are all trying to get that money,” Lear said.

“I don't know if the word ‘reallocated’ is appropriate, but it wasn't. There were not sufficient funds to complete the project that they wanted. So they've asked us to allow them to use it for other things that are urgent and can be accomplished.”

“So we've been trying to work with the House leadership, who rejected our amendment, but we're trying to work with the Senate to see if we can't get that in there so that we can begin to do some of the projects that the Fair Board needs, preferably prior to the next capital budget, because that won't be until the end of next year. So we're trying to be very proactive for them and get them that change.”

Lear is advocating for Ohioans to vote to make it more difficult to change the state’s constitution through Senate Joint Resolution 2 (SJR 2).

Lear said SJR 2, which limits referendum changes to the state’s constitution, will have local effects as well.

“Another reason that SJR 2's passage was so important [is that] there are also organizations that are trying to eliminate zoning because they want to be able to push whatever agenda they may have,” Lear said.

“There's a lot of that coming down from the federal government and the Biden administration that would allow them to locate multifamily housing wherever they want and things like this. And our townships in Knox and our municipalities and our villages and Knox, they deserve to have the right to continue to provide the zoning that is going to be best for them and their people.”

Senate Joint Resolution 2

Ohio Senate Republicans passed Senate Joint Resolution 2, a resolution that proposes a controversial ballot question to make it more difficult to amend the state constitution.

If approved by voters in August, the resolution would require a 60% majority to enact proposed amendments rather than a simple majority of 50% plus one.

Additionally, separate legislation would establish a special election in August specifically for this issue, despite recent efforts to limit August elections.

“That is putting on the ballot in August the opportunity for people to vote to require a 60% plus one threshold to change our constitution,” Lear told the Mount Vernon News.

“Right now, Ohio is one of only nine or 10 states that allow access with only 50%. There are states in the Northeast and other areas that don't allow access to the constitution at all through initiative petitions. It's two-thirds for the federal change. And then, of course, you've also got to have the majority of the states’ buy-in.”

“So to be able to change your foundational legal document with just 50% plus one and to have open access from outside agitating entities, that's how we ended up with casinos and very specific land information for where those casinos can be located in our constitution. It's about four times or more the size of the U.S. Constitution because access is so easy, and there are a lot of issues that are coming up because it's not as easy for some organizations to affect Ohio law now because the governor and the Ohio legislature and the Supreme Court are all less activist.”

The resolution received “yes” votes from all but one Republican.

The passage of the resolution and the subsequent ballot question reflects the ongoing debate over the ease of amending the Ohio state constitution and the potential impact of increasing the threshold for future amendments.

The item is of immediate importance as supporters of abortion are attempting to provide the right to abortions in the state constitution via a simple majority vote.

Ohio Secretary of State Frank LaRose has revealed that his support for a plan to increase the threshold for changing the state constitution is primarily motivated by the desire to prevent an abortion rights amendment. LaRose has previously advocated for raising the majority required for constitutional amendments from a simple majority to 60% in order to deter special interests from altering Ohio's constitution. During a recent event, he explicitly stated that the objective is to prevent a "radical pro-abortion amendment" from being added to the constitution.

Supporters of the proposed abortion rights amendment are currently collecting signatures in hopes of securing the required 414,000 by July 5 to place the issue on the ballot.

Critics of the constitutional change being promoted by LaRose argue that the higher threshold would significantly impede the ability of voters to amend the constitution in the future, even for popular economic programs that would benefit the state.

“We want to make sure that the majority of Ohioans actually want these kinds of changes,” Lear said.

“I don't think they want a $25 an hour minimum wage that will destroy small business in Ohio. I don't think they want outside entities coming in here and telling us that we're going to have recreational marijuana, but only these certain people are allowed to grow it and only in these certain areas. We don't want people from outside Ohio coming in and telling us how we're going to draw our districts, which is another issue that is being brought up, possibly even for the fall.”

“We don't want anti-Second Amendment groups coming in and changing our gun laws by putting it on the ballot unless the majority of Ohioans agree. So, it seems like there's wisdom there when the majority of the states either don't even allow access or require at least 60% many or two-thirds or more to change the constitution. So we're trying to provide some protection. That was the point of our two. And I think that's one of the biggest things that we've seen in this General Assembly and probably will be the most significant legislation that we pass.”

State Budget Shaping Up

The June 30 state budget deadline is quickly approaching.

The Senate's version of Ohio's two-year budget proposes significant changes to the state's education system. The budget bill includes plans for universal vouchers, changes to the school funding formula and Senate Bill 1, which would alter oversight of K-12 education.

Conservative groups view the proposal as the best budget for school choice in state history.

The budget allocates approximately $1 billion per year for school vouchers, exceeding the House's proposed amount by $180 million. The plan would provide financial assistance to families based on income levels, with estimated amounts ranging from $6,135 to $8,407 for K-8 and high school students, respectively.

The Senate's budget also includes changes to the Ohio Department of Education, transitioning it from a state superintendent appointed by the State Board of Education to an appointed position within Gov. Mike DeWine's cabinet. Senate Bill 1 would transfer most of the state board's responsibilities to the new director and rename the Department of Workforce and Development, with separate departments for K-12 education and career technical education. Additionally, Senate Bill 83, which is expected to be incorporated into the budget, aims to reform public colleges and universities by banning mandatory diversity training, prohibiting faculty strikes during contract negotiations, evaluating professors based on classroom bias and scrutinizing relationships with Chinese universities. The Senate's budget also includes provisions for a $1 billion Strategic Community Investment Fund, a sales tax holiday, $1.5 billion in tax cuts and funding for the August special election on amending the state constitution.

“I think the results of the final version of the budget will be really important,” Lear said.

“Right now, what we've seen from the Senate is possibly the largest tax cut in history. It's still growing government, but substantially less than what the governor has done – and the House. It's raining in a lot of the growth of government going forward. There's a proposed cut in the cap tax. There's a proposed cut in income tax and there's universal vouchers in the Senate version of the budget, but only up to 450% of poverty gets 100%. The rest is a sliding scale basically means tested. So, it's allowed, but you only get a percentage of the voucher.”

“So there's school choice, there's hospital pricing, transparency, there's all kinds of things, but this is the Senate version.”

“The question that's really big right now is will the House concur? It's very unlikely that I don't know if that's ever happened, but there are a lot of House members that are very positive toward the Senate changes.”

“It's a much more conservative pro-parent, pro-student, pro-taxpayer budget. So you could see history made. But the most likely scenario is that it will still go to conference and there will be some more changes and some negotiating. But, you know, by the end of June, we're supposed to have it out, so we'll know for sure by then.”

HB 15

Lear is the lead sponsor of House Bill 15, which would add requirements for those seeking abortions in the state.

“The bill would add two additional items to that pre-abortion session, which would be to discuss the studies that have shown a potential risk increase for breast cancer that is associated with women who have had abortions,” Lear told the Mount Vernon News.

“And then the second is also sharing with them the short- and long-term risk of psychological or emotional harm, which could include depression, suicidal ideation, PTSD and guilt. But as a result, a mental health condition of many women who have gone through the abortion procedure.”

“The other thing that it does is it would require that if a woman determines that she is going to go ahead with the abortion, it requires that at the time of the procedure itself that she has to have access to and be offered an ultrasound in a place where she can visibly see it if she chooses to see it. The ultrasound has to be performed, but if she doesn't want to look at it, there's no obligation on the woman to do that but also hear the heartbeat. And again, there's no obligation for her to listen, but it has to be audible and provided, as well as a picture of the child in utero. So whether the woman chooses to view or hear, that's on her, but these physicians or abortionists or whatever you want to call them, they're required to provide this information.”

“For these women, because so often so much of the truth about what is growing inside them is kept from them. So the purpose of the bill is to make sure that every woman has all the information that she needs to make a wise decision about what she is going to do with her unborn child.”

Lear said supporters of abortion have focused efforts on enshrining the practice.

“The pro-abortion community is very focused on changing our constitution to allow abortion at any gestational age for any reason and to eliminate parental rights with their amendment to the constitution for the fall,” Lear said.

“This has not been something that we've heard about. No one's called us about it. But again, I think that once we start moving it in committee, that will probably change.”

HB 183

Lear is also a sponsor of House Bill 183, which would disallow the use of public bathrooms of any other gender than that assigned at birth.

“The push from the Biden administration and the demands from the federal level are causing a lot of the boards and the superintendents and administrations to capitulate and allow boys and girls to share these facilities,” Lear said.

“The majority of the legislators feel that that's unsafe. So do the majority of the school board members and superintendents with whom I've spoken.”

“House Bill 183 would require that whenever there is a facility that's accessible to multiple students, that it be for one sex only. And it also would protect them because if you open it up to both, then you're also opening it up to adults during public events. So you could have adult males going into a bathroom that was intended for elementary girls. It's just unsafe for all of them.”

The sponsors of HB 183 note that the bill is a matter of safety and protection rather than being anti-trans, citing concerns about privacy and the need for single-sex spaces. Advocates for LGBTQ rights argue that these proposed restrictions are an intrusion into private spaces and represent continued attacks on transgender youth.

Over 20 Ohio House Republicans have proposed new legislation that would prevent transgender students from using school bathrooms or locker rooms that align with their gender identity. This bill is the latest in a series of legislative attacks on transgender individuals in Ohio by House Republicans.

Previously, legislation was introduced to block transgender students from participating in women's sports, and another bill is being reviewed to restrict gender-affirming care treatments for transgender minors. House Bill 183 would apply to both K-12 schools and colleges, requiring them to segregate facilities based on "biological sex" as stated on birth certificates. Transgender students would not be allowed access to facilities corresponding to their gender identity, although single-occupancy facilities would still be permitted.

This legislation is part of a broader national trend among Republican lawmakers targeting transgender rights, with many states passing bills focused on transgender athletes, healthcare for transgender minors and bathroom use by transgender students. Congressional Republicans have also passed a ban on transgender athletes, although its fate is uncertain in a Democratic-controlled White House and Senate.

Reports of biological males being allowed into women’s facilities have been paired with assault reports.

A lawsuit was recently filed against an Oklahoma school district by the parent of a teenager who was allegedly "severely beaten" by a transgender student in a school bathroom.

The lawsuit claims that the district failed to enforce a state law that restricts restroom use for transgender individuals. The incident occurred at Edmond Memorial High School in October 2022 when a 15-year-old girl, referred to as E.G., was attacked by a 17-year-old transgender student who had used the girls' restroom despite a state law requiring students to use restrooms matching their birth certificates.

In Knox County, Lear said she has heard of local problems, but no one is willing to speak on the issue openly.

“I've had complaints from parents, but nobody will go on the record. I know East Knox has had some concerns. Mount Vernon City schools have had some concerns from what I've been told,” Lear said.

Education Reform Upcoming

Lear said she hopes to introduce education reform soon.

“I hope to be able to introduce legislation that will restore our education, focus (on) academics and make it a little less costly, give the locals more of their authority,” Lear said.

“It's going to be a really big bill so we don't have it ready to go yet. But trying to make education more parental-friendly, more pro-student, giving the locals the ability to evaluate their teachers and principals themselves without the heavy hand of the state government telling them how to do it, and just focusing more on math and science and reading and history.”

Lear is advocating changing the state’s testing system.

“[That] will eliminate a lot of the teaching to the test, which has been a huge problem,” Lear said.

"So we're hopeful that we're going to have that ready to go pretty soon and that will be able to introduce it and have some of the teachers and the parents and everybody come in and talk about the things that they need to change in schools. So we're hopeful that we can get things going in a little different direction, a little better direction. But historically, it's founded in history. It's worked before. So we just want to do what works for kids.” 

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