The state House on Wednesday passed a measure aimed at giving lawmakers oversight over pandemic orders the Ohio Department of Health (ODH) issues.
The bill, which passed by a 58-37 margin, is a clear rebuke of Gov. Mike DeWine and ODH Director Amy Acton, who have issued orders aimed at closing “nonessential” businesses and requiring residents to stay home amid the COVID-19 pandemic.
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Lawmakers added the provision to Senate Bill 1, legislation aimed at cutting regulations in the state. It now goes back to the state Senate, where it faces an uncertain outcome.
“The COVID-19 pandemic has had a dramatic impact on the lives of all Ohioans. So, too, have these state health department orders,” House Speaker Larry Householder, R-Glenford, said in a statement. “This bill ensures the people of Ohio, through their elected lawmakers, have a voice on these issues.”
Under the plan, ODH orders issued under Ohio Revised Code (ORC) 3701.13 would be in effect for up to 14 days. The proposal requires the Joint Committee on Agency Rule Review (JCARR), a 10-member committee of House and Senate members that reviews proposed rules from more than 100 state agencies, to consider any renewals or extensions.
“My administration is focused on the important things we need to do to help businesses responsibly reopen while protecting Ohioans’ health and safety,” DeWine said in a statement. “This week alone, this included increasing coronavirus testing and tracing, balancing Ohio’s budget, and working on plans to move Ohio’s economy forward.
“Ohioans need their legislators focused on these important issues,” the governor added. “Creating more uncertainty regarding public health and employee safety is the last thing we need as we work to restore consumer confidence in Ohio’s economy.”
Proponents say ORC 3701.13 is a seldom-used law that dates to 1908 and grants the state’s health director broad authority without legislative oversight. Opponents say the provision the House passed goes too far.
“Today’s vote to strip the state’s Health Director of power during a global pandemic is an affront to the oath we all took as lawmakers to serve the public good,” House Minority Leader Emilia Strong Sykes, D-Akron, said in a statement. “The Ohio Department of Health has had quarantine and isolation powers since it was established in 1886 and its director has never before needed JCARR oversight – until that director in charge of a pandemic was a woman.
“A woman who has gained national praise for her prudent and quick response to the coronavirus pandemic and whose decisive actions have saved Ohio lives,” she added. “This is what happens when a single party of mostly men are permitted to dominate both chambers of the state’s legislature – their fragile egos are hurt that a woman has more power and is more relevant than they are. They feel ‘disrespected.’”
