Ohio lawmakers take another swing at curbing governor’s powers

(The Center Square) – The Ohio General Assembly is taking another shot at limiting the governor’s authority to issue executive orders or declare an emergency.

The Senate Government Oversight and Reform Committee held its second hearing Wednesday on Senate Bill 22, legislation that would give lawmakers the ability to strike down orders or declarations. DeWine vetoed similar legislation late last year.

The bill also creates the Ohio Health Oversight and Advisory Committee to oversee the governor and the Ohio Department of Health during a statewide public health emergency.

“The goal of this legislation is to give the citizens of the state of Ohio, through their elected officials, a voice in matters related to public health,” said Sen. Terry Johnson, R-McDermott, a bill co-sponsor. “The bill restores reasonable checks and balances that are crucial to the functioning of our government.”

The bipartisan committee would have the authority to rescind an executive order issued by the governor or a special standing order or rule issued by the Department of Health for preventing the spread of a contagious disease.

The bill also would prohibit the governor or Department of Health from reissuing any rescinded order for 90 days, and public health states of emergency would remain in effect for only 30 days, unless the General Assembly agrees to an extension.

The committee received testimony Wednesday from more than 100 people who were representing themselves or organizations supporting giving lawmakers more oversight over the governor’s powers.

“Senate Bill 22 is a reasonable means of maintaining the delicate balance between the need to address real health crises when they arise, and the inalienable freedoms of the people of this state to live, move, and do business,” said Barry Sheets, a legislative consultant who testified on behalf of Health Freedom Ohio and the Center for Christian Virtue.

Gov. Mike DeWine vetoed Senate Bill 311 in early December, saying medical experts believed the bill restricted public health officials’ ability to react to public health threats and was “not in the best interest of protecting the health and safety of all Ohioans.”

The bill, easily passed with Republican majorities in the House and Senate, prohibited a statewide stay-at-home order such as the one enacted by DeWine in the spring, and it would have given the Legislature the ability by concurrent resolution to end other orders that shutdown businesses.

DeWine called that bill a disaster.

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