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DeWine Should Veto Ohio SB 22

Ohio’s Republican lawmakers, trying for about a year now to rein in Gov. Mike DeWine’s authority to issue public health orders, may finally have the votes to do it.

Senate Bill 22 would let Ohio’s General Assembly vote on whether to extend or end states of emergency, modify public health orders and limit the role of local boards of health during health crises. The bill passed March 10 and sits on the governor’s desk. DeWine is expected to veto it early this week. The bill intends to curtail the authority granted unilaterally to one administrator during a health emergency, with supporters calling those powers overreaching and detrimental to Ohioans’ freedoms.

t sounds good on the surface, and certainly, we support checks and balances within government and separation of powers.

Still, we have concerns about detrimental limitations this bill creates that could slow reaction to health crises, and language that strips some important local control from city and county health departments.

The bill’s language does not eliminate a governor’s ability to issue emergency health orders in times of need. However, it limits the length of those orders and allows the legislature to rescind them by resolution.

Language in the bill will limit public health orders to 90 days and allow the Ohio legislature to terminate them after 30 days.

The bill allows lawmakers to rescind any order or rule issued in response to a state emergency on the day it is declared by any statewide elected officials, administrative departments and state agencies. It also bars an executive from reissuing an order or rule for 60 days.

What’s perhaps even more concerning is the fact the bill will limit the ability by local health departments to act quickly in health emergencies. Essentially, this bill will ban local boards of health from enacting specific health orders like closing schools or prohibiting public gatherings.

That’s a grave concern, as we believe local control is critical. We object to efforts to transfer that local authority to the state level.

Other concerns arising from the bill also involve new limits spelled out about when public health departments can order quarantines. We urge the governor to veto the measure, even with the realization his veto could be overridden.

A compromise would be preferable for all parties.

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