Governor Vetoes Bill Giving Ohio Lawmakers Power On Health Orders

COLUMBUS, OH — Senate Bill 22 (SB 22) was vetoed by Gov. Mike DeWine on Tuesday.

The legislation would have given the Ohio General Assembly power over any future health orders issued by the Ohio Department of Health or local health agencies. DeWine said the bill "jeopardizes the safety of every Ohioan."

"It goes well beyond the issues that have occurred during the COVID-19 pandemic. SB 22 strikes at the heart of local health departments’ ability to move quickly to protect the public from the most serious emergencies Ohio could face," DeWine said.

The legislation would have hampered health officials ability to appropriately respond to future health crises, DeWine argued.

SB 22 was introduced by state Sen. Terry Johnson, a Republican from McDermott, and state Sen. Rob McColley, a Republican from Napoleon. They argued the legislation was about curbing the power of the state's executive branch.

"Senate Bill 22 is about giving the citizens of Ohio a voice in matters of public health and restoring the natural separation of powers that should exist in any form of government. No matter how good the intent is, the constitution remains in effect, and the executive branch must be subject to checks and balances," McColley said when the bill passed the Ohio Senate.

DeWine countered that SB 22 would hamper the state's ability to respond to unique challenges in the future. He shared letters of support for his veto from medical associations throughout Ohio, including: the Ohio State Medical Association, the Ohio Nurses Association, the Ohio Chapter of the American Academy of Pediatrics, the Association of Ohio Health Commissioners and more.

Here's what one letter from a group of medical associations said:

Substantially changing the way Ohio is working to respond to the crisis as SB 22 dictates may cause confusion and additional problems, as well as negatively impact the effectiveness of actions taken to date to curb COVID-19 spread and limit loss of life. Throughout the pandemic, the state has utilized a deliberate process in collaboration with public health experts to guide any orders or restrictions put in place, and letting up now could seriously damage our positive momentum moving forward. The governor’s administration and state health department must retain the ability to act quickly and proactively with life-saving, evidence-based measures in order to protect the public and our medical professionals continuing to care for patients on the front lines.

The Ohio General Assembly may now try to override DeWine's veto, though the governor has hinted such action could provoke legal challenges from the governor's office.