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Bill would allow Ohio to reject federal unemployment programs
KEITH ARNOLD
Special to the Legal News
Published: March 31, 2025
A Lancaster state lawmaker has introduced a bill proposing legislative oversight of executive action relating to unplanned obligations on voluntary federal unemployment compensation programs, such as the pandemic-related expansion of unemployment benefits for more than a year, which began in early 2020.
“Simply put, if the federal government comes to Ohio offering major changes to unemployment benefits again, the legislature will have to give its approval before any administration can accept the benefits,” Republican Sen. Tim Schaffer said during a Senate committee hearing.
Senate Bill 51 would allow the General Assembly to disapprove, by adoption of a concurrent resolution, any agreement or order to implement a new voluntary federal unemployment compensation program entered into by the governor or the director of Job and Family Services.
More precisely, the bill would apply to any federal law providing for an increase in:
• The weekly benefit amount;
• Duration of benefits;
• The total benefits payable; or
• Other compensation, assistance, or allowances with respect to unemployment.
“Even though the federal Pandemic Unemployment Assistance has ended, it is clear that it damaged the economy by encouraging people not to go back to work as evidenced by businesses across the state begging for employees, restricting hours and even closing.”
The federal program, enacted March 27, 2020, extended unemployment benefits to individuals who otherwise had exhausted their unemployment compensation.
Schaffer noted that Gov. Mike DeWine ended the extra $300 weekly federal unemployment payments in June 2021, despite the program continuing to accept applications for the assistance through Sept. 4, 2021.
A Franklin County judge last month ordered the state to pursue the remainder of the federal funds and restore the program, though the court denied a motion seeking prompt payment of the benefits, according to published accounts.
“During the pandemic, we received feedback from our constituents on a daily basis, including the small businesses in our districts that struggled for months to hire––or even re-hire––workers and fully reopen their doors,” Schaffer said. “I have even personally seen how employers offered bonuses for those who simply come for an interview.”
The lawmaker cited a July 2021 poll in which 1.8 million American adults responded that they had received enough money from unemployment insurance without having to work.
Shaffer said he was hopeful the governor agreed with the premise of the bill and that it is a proper exercise of oversight.
“This legislative body is always in pursuit of stronger cooperation with the executive and Ohio’s various government agencies, and part of that is remaining a proactive participant in the oversight of unemployment benefits,” Schaffer continued. “The people of Ohio are best served when their elected officials are doing their due diligence.”
The value of SB 51, he said, is getting Ohioans back to work and protecting the economy in future administrations.
The Ohio Legislative Service Commission noted the bill may create an opportunity for a constitutional challenge based on separation of powers.
“The Constitution gives the General Assembly the power to enact laws and gives the governor the power to execute them,” the commission’s analysis provided. “A reviewing court might examine whether the bill attempts to give the General Assembly a legislative veto power in violation of the separation of powers among the governmental branches.”
SB 51, which has co-sponsor support from Sen. George Lang, R-West Chester, awaits further consideration by the Financial Institutions, Insurance and Technology Committee in the Senate.
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