Ohio think tank urges lawmakers to strip agency rulemaking power before new term begins

The Buckeye Institute has proposed legislation requiring legislative approval for agency rules that carry compliance costs exceeding $100,000. The conservative think tank issued a policy memo on Monday calling for state lawmakers to act during the lame duck session. The group aims to transfer authority from unelected bureaucrats to elected officials before the new administration takes office in January.

The proposal centers on four distinct legislative actions. First, House Bill 1024 would move the Common Sense Initiative to the General Assembly. That office was created in 2011 under former Governor John Kasich to cut red tape. Second, House Bill 11 mandates that lawmakers approve proposed agency rules involving costs above the $100,000 threshold. Third, the memo calls for increased legislative control over the Department of Education and Workforce. That department shifted to executive control in 2023. Fourth, the plan requires legislative approval for permanent emergency rules while keeping the governor's ability to enact temporary emergency rules for up to 120 days.

Greg Lawson, a senior research fellow at the Buckeye Institute, framed the effort as a check on executive power. He stated the group wants to install guardrails to ensure elected officials remain responsible for costly regulations. Lawson noted this is not a new concept, adding that the legislature has attempted similar measures in the past. He argued that these proposals are refinements of existing ideas rather than novel political maneuvers.

The timing of the push has drawn criticism from Policy Matters Ohio, a progressive research group. Hannah Halbert, the organization's executive director, questioned the motives behind the late-stage legislative push. She described the proposals as extreme and said they effectively hamstring a future governor. Halbert argued the moves take powers traditionally held by administrative agencies and transfer them to the legislature to benefit business interests.

The General Assembly will remain under Republican control for the upcoming term. Polls indicate the governor's race is likely to result in a Democratic winner. This dynamic creates a split government where the legislature and the executive branch may hold opposing views on regulatory authority.

Lawson acknowledged the potential for a new governor from a different party. He said the group has concerns about how the incoming administration might handle regulations. However, he maintained that the proposed bills align with previous attempts by the General Assembly to refine oversight of state agencies.

The Buckeye Institute's memo outlines the specific legal language for the proposed changes. The group plans to lobby legislators through the end of the session. The next major step involves floor votes on the four recommended items before the current legislative term concludes in early January.