COLUMBUS — The Ohio House voted solely with Republicans votes to block Ohio's health director from issuing orders lasting longer than 14 days, potentially setting up a confrontation with Gov. Mike DeWine over his continuing shutdown of the state's economy.
Senate Bill 1 passed 58-37 over objections of Democrats who came to the defense of the Republican governor and Dr. Amy Acton. The measure is not likely to clear the Senate, let alone get Mr. DeWine's signature. It did not get the 60 votes that would be needed for a veto override if it came to that.
Attached to a Senate Republican priority bill designed to reduce government regulations, the amendment would require the governor and Dr. Acton to get super-majority, bipartisan approval from a 10-member Senate-House panel, the Joint Committee on Agency Rule Review, to extend any health order beyond 14 days.
It would have to get three “yes” votes from each chamber's five members to extend.
“It sounds like the governor is trying to get things going here by the middle of the month,” said House Speaker Larry Householder (R., Glenford). “We applaud that. What we were really trying to do is look to the future. There's been talk of a second wave. Who knows what the future holds for all of us.”
While unlikely to reach the governor's desk, the amendment allowed some Republicans to voice frustration over the slow pace of Mr. DeWine's recovery plan. While he has set dates for some elements of the economy to reopen, he has generally extended much of his stay-at-home order through May 29.
Mr. Householder said he would have preferred that the governor never close down businesses but rather had allowed them to continue to operate at a much reduced capacity.
In reaction to the vote, Mr. DeWine said his administration has been focused on the “important things” to help the economy reopening like testing, contact tracing, and budget cuts.
“Ohioans need their legislators focused on these important issues,” he said. “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."
House Democratic leader Emilia Sykes (D., Akron) credited Dr. Acton with potentially saving thousands of lives.
“We should not attack a woman just because she is exerting the power the legislature gave her,” she said.
In a House session marked by social distancing between members, Democrats generally observed Mr. DeWine's call for Ohioans to wear facial coverings; Mr. Householder and many Republicans did not.
All northwest Ohio Republicans supported the bill, but the three Democrats opposed it.
The House met as the state released its latest coronavirus numbers, marking a spike in death reports over the last 24 hours. Ninety — more than double the average over the last 21 days — were added for a new total of 1,225.
There were 60 new infections reported for a total of 607, continuing a general downward trend. Hospitalizations were up by 96 and intensive-care unit stays climbed by 28, both higher than the 21-day average.
The Ohio Department of Health reported 151 deaths in Lucas County Wednesday as the area continues to lead the state in tallied coronavirus fatalities.
Using a separate bill, the House voted 58-35 to approve an amendment offered by Rep. D.J. Swearingen (R., Huron). It would replace criminal penalties in current law with civil fines for violating health department orders during epidemics, pandemics, and bioterrorism events.
“I can't think of an amendment that is more ill-timed,” Rep. David Leland (D., Columbus) said. “We need people to follow the rules of health departments.... When you're talking about common sense, people are not going to be getting criminal citations for just accidents.
“To send a message out to people now in this historic moment ... that somehow these orders that are being given by our local health departments and our state health department are less important than they were before this pandemic started is definitely sending the wrong message,” he said.
Senate Bill 55, sponsored by Sen. Theresa Gavarone (R., Bowling Green), would increase penalties for drug dealing near treatment centers. It went on to get a final 70-23 bipartisan vote. It must now return to the Senate for approval of the changes made.
The Ohio Senate, meanwhile, voted unanimously to distribute $350 million in aid from the federal government to local governments.
“These dollars that we are giving out today cannot be used by local governments to back fill revenue loss they're going to experience as a result of this crisis,” Sen. Matt Dolan (R., Chagrin Falls) said. “The state of Ohio is also getting money from the CARES Act... We as a state can't back fill our budget with these dollars. We must use it for coronavirus expenses.”
Those expenses can include such things as testing, personal protection equipment, and overtime for safety and health officials.
Mr. DeWine continues to roll out his plan for a gradual reawakening of the economy. Manufacturers, medical offices, business offices, distribution facilities, and construction companies have already been given the green light to return as long as they follow distancing, hygiene, deep cleaning, and other mandatory safety precautions.
Coming Tuesday, a broader opening of retail stores and some services will be under way with workers required to wear face masks and customers strongly encouraged to do so.
After taking his first weekday off from daily press briefings that he began in early March, Mr. DeWine on Thursday is expected to announce opening dates for dine-in restaurants, bars, barber shops, hair salons, and daycare.
State Rep. John Becker, a Cincinnati area Republican, has introduced House Bill 618, which would directly limit the authority of the governor and health director to issue certain orders related to the spread of contagious diseases.
First Published May 6, 2020, 4:42 p.m.
