OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
S.B. 22 Final Analysis
134th General Assembly
Click here for S.B. 22’s Fiscal Note
Version: As Passed by the General Assembly
Primary Sponsors: Sens. Johnson and McColley
Effective date: June 23, 2021
Effective Date:
Alyssa Bethel and Jason Hoskins, Attorneys
SUMMARY
State of emergency
 Limits the duration of a state of emergency issued by the Governor to 90 days unless
extended by the General Assembly, and allows the General Assembly to extend a state
of emergency in 60-day intervals by adopting a concurrent resolution.
 After a state of emergency declared by the Governor has been in effect for 30 days,
permits the General Assembly to terminate the state of emergency.
 Prohibits the Governor from reissuing a state of emergency for 60 days after expiration
or termination, unless approved by the General Assembly by adopting a concurrent
resolution.
 Permits the General Assembly to rescind orders and rules issued in response to the
emergency, and prohibits the reissuance of a rescinded order or rule for 60 days unless
approved by the General Assembly by adopting a concurrent resolution.
 During a state of emergency, requires the Governor and Department of Health (ODH) to
report to the Senate President and Speaker of the House any actions taken in response
to the emergency.
Ohio Health Oversight and Advisory Committee
 Establishes the Ohio Health Oversight and Advisory Committee, consisting of three
members of the Senate and three members of the House.
 Authorizes the Committee to oversee actions taken by the Governor, ODH, or any
agency in response to a state of emergency; to oversee actions taken by ODH and the
Director of Health for preventing the spread of contagious or infectious disease and for
April 8, 2021
Office of Research and Drafting LSC Legislative Budget Office
controlling and suppressing the cause of disease; and to consult with and advise the
Governor, ODH, and other agencies during a state of emergency.
Authority of ODH and local boards of health
 Permits the General Assembly to rescind certain orders and rules issued by ODH and
certain actions of the Director of Health.
 Specifies that the authority of ODH relating to the preservation of the life and health of
the people is superior to the authority of local boards of health.
 Specifies that a local board of health may only issue a quarantine and isolation order
that applies to specific individuals that have been medically diagnosed with or have
come into direct contact with someone who has been medically diagnosed with a
specified disease.
 Generally, prohibits a local board of health from closing schools or prohibiting public
gatherings and instead permits a local board to close a specific school if certain
conditions are met.
 Specifies that a local board of health may only issue orders and regulations that apply to
specific individuals and businesses, and that orders and regulations for preventing or
restricting disease may only apply to individuals and businesses that have been
medically diagnosed with or come into direct contact with someone who has been
medically diagnosed with the disease or have a documented incident of the disease in
the building.
Impact of act on existing emergency declarations, orders, rules,
and actions
 Terminates the current state of emergency 30 days after the act takes effect, unless
extended by the General Assembly by concurrent resolution, and prohibits the Governor
from reissuing a state of emergency for 60 days, unless approved by the General
Assembly by adopting a concurrent resolution.
 Subjects existing emergency orders and rules issued in response to a state of
emergency, and certain orders and rules issued by ODH or actions taken by the Director
of Health to review by the Committee and rescission by the General Assembly.
P a g e |2 S.B. 22
As Passed by the General Assembly
Office of Research and Drafting LSC Legislative Budget Office
DETAILED ANALYSIS
State of emergency
Duration; extension; termination
The act limits the duration of a state of emergency1 declared by the Governor to
90 days, unless extended by the General Assembly. An amendment to a declaration of a state of
emergency,2 the declaration of a substantially similar state of emergency, or the reissuance of
any part of an initial declaration is not considered a new state of emergency. 3 The General
Assembly may extend a state of emergency for up to an additional 60 days by adopting a
concurrent resolution, and can do so continuously by adopting subsequent concurrent
resolutions.4 The General Assembly also has authority, after a state of emergency declared by
the Governor has been in effect for 30 days, to terminate the state of emergency by adopting a
concurrent resolution.5
If the General Assembly does not extend a state of emergency or if the General
Assembly terminates a state of emergency, the Governor cannot declare an identical or
substantially similar state of emergency — or issue a declaration with any part of the initial
declaration – for 60 days following the expiration or termination. However, during those
60 days, the Governor can submit a request to the General Assembly to issue such a declaration
before the 60 day period ends; the General Assembly can review the request and adopt a
concurrent resolution authorizing the request. A state of emergency terminated by the General
Assembly or declared by the Governor in violation of the act is invalid and has no legal effect.6
Governor and ODH report to General Assembly during emergency
During a state of emergency, the Governor and Department of Health (ODH) are
required to report to the Senate President and Speaker of the House every action the Governor
or ODH takes in response to the emergency.7
1 “State of emergency” means the period of time between when the Governor declares any emergency
and the expiration of that emergency. This specifically includes the three types of emergencies the
Governor has specific statutory authority to declare under continuing law: an air pollution emergency
(R.C. 3704.032), an energy shortage emergency (R.C. 4935.03), and an adulterated consumer product
emergency (R.C. 3715.74). R.C. 107.42(A).
2 “Declaration of a state of emergency” means any order, proclamation, or other action of the Governor
that creates a state of emergency. R.C. 107.42(A).
3 R.C. 107.42(B).
4 R.C. 107.42(C).
5 R.C. 107.42(D)(1).
6 R.C. 107.42(D) to (F).
7 R.C. 107.43(B).
P a g e |3 S.B. 22
As Passed by the General Assembly
Office of Research and Drafting LSC Legislative Budget Office
Authority of the General Assembly during emergency
Beginning the day a state of emergency is declared, the General Assembly may do any of
the following by adopting a concurrent resolution:8
 Rescind, in whole or in part, any order or rule9 issued or adopted by the Governor,
Lieutenant Governor, Secretary of State, Auditor of State, Attorney General, or
Treasurer of State (the “statewide elected officers”); by an administrative department
or administrative department head;10 or by a state agency in response to the state of
emergency, including an order authorizing an agency to adopt, amend, or rescind rules
on an emergency basis;
 Invalidate, in whole or in part, a rule adopted or amended on an emergency basis by an
agency in response to the state of emergency;11
 Authorize a rule rescinded by an agency, in response to the state of emergency, to be
readopted, in whole or in part.12
If the General Assembly rescinds or invalidates an order or rule, or portion thereof, the
order or rule cannot be reissued or readopted for 60 days. The act also prohibits, within those
60 days, the issuance or adoption of any rescinded portion, substantially similar order, rule, or
portion, or any restriction contained in the rescinded order or rule or rescinded portion. The act
permits the Governor, on behalf of a department, department head, or state agency, within 60
days of the General Assembly rescinding the order or rule, to submit a request to the General
Assembly to allow the department, head, or agency to reissue or readopt a rescinded order or
rule (or the rescinded portion; substantially similar order, rule, or portion; or any restriction
contained in the rescinded order or rule or rescinded portion). After reviewing the request, the
General Assembly may adopt a concurrent resolution authorizing the request, in whole or in
part.13
8 R.C. 107.43(C)(1), 106.022, 111.15, and 119.03.
9 “Rule” is defined as any rule, regulation, or standard adopted, promulgated, and enforced under the
authority of law. It does not include an “internal management rule,” which is any rule, regulation, or
standard governing the day-to-day staff procedures and staff operations. R.C. 107.43(A). This provision
does not apply to an order to declare the emergency; that is addressed under R.C. 107.42.
10 See R.C. 121.02 and 121.03, not in the act, for a list of the departments and heads.
11 This applies to emergency rules adopted under the Administrative Procedure Act (see R.C.
119.03(G)(1)) or under the abbreviated rulemaking procedure (see R.C. 111.15(B)(2)).
12This applies to emergency rules adopted by an agency under the Administrative Procedure Act (see
R.C. 119.03(G)(1)).
13 R.C. 107.43(C)(2) and (3). A statewide elected officer is responsible for making this request on behalf
of the statewide elected officer.
P a g e |4 S.B. 22
As Passed by the General Assembly
Office of Research and Drafting LSC Legislative Budget Office
An order or rule issued or adopted in violation of the act’s provisions is invalid and has
no legal effect.14
Orders and rules challenged in court
The act authorizes a person who challenges an order or rule issued in response to a
state of emergency, in a civil action for damages, declaratory judgment, injunctive relief, or
other appropriate relief, to do so in the county where the person’s residence or business is
located. And, the state is required to pay reasonable attorney’s fees and court costs on behalf
of a person who successfully challenges an order or rule.15
Ohio Health Oversight and Advisory Committee
The act establishes the Ohio Health Oversight and Advisory Committee. The Committee
consists of six members. Three members of the Senate (two from the majority party and one
from the minority party) are to be appointed by the Senate President, and three members of
the House of Representatives (two from the majority party and one from the minority party)
are to be appointed by the Speaker of the House.16 When appointing Committee members
from the minority party, the President and Speaker must consult with the Minority Leader from
their respective chambers.
The act requires initial appointments to the Committee to be made not later than July 8,
2021. Thereafter, appointments to the Committee occur every two years, not later than 15 days
after the commencement of the first regular session of each General Assembly. A member
appointed to the Committee serves until appointments are made in the next General Assembly,
until a member no longer serves as a member of the chamber from which the member was
appointed, or until the member is removed by the President or Speaker. However, a member of
the Committee may not be removed during the member’s term during a state of emergency
(see “State of emergency” above) unless an extraordinary circumstance exists that
prevents a Committee member from serving.17
In odd-numbered years, the President must appoint a member of the Committee from
the Senate who is a member of the majority party to serve as the Committee chairperson, and
the Speaker must appoint a member of the Committee from the House who is a member of the
majority party to serve as the Committee vice-chairperson, and a member of the Committee
from the House who is a member of the minority party to serve as the Committee ranking
minority member. In even-numbered years, the Speaker must appoint a member of the
Committee from the House who is a member of the majority party to serve as the Committee
chairperson, and the President must appoint a member of the Committee from the Senate who
is a member of the majority party to serve as the Committee vice-chairperson, and a
14 R.C. 107.43(E).
15 R.C. 107.43(D) and 2743.03.
16 R.C. 103.65(A).
17 R.C. 103.65(B).
P a g e |5 S.B. 22
As Passed by the General Assembly
Office of Research and Drafting LSC Legislative Budget Office
Committee member from the Senate who is a member of the minority party to serve as the
Committee ranking minority member. The Committee meets at the call of the chairperson.18
The act authorizes the Committee to oversee actions taken by the Governor, ODH, and
other agencies and to consult with and provide advice to the Governor, ODH, and other
agencies regarding necessary and appropriate actions during a state of emergency.
Additionally, the Committee is authorized to oversee actions taken by ODH to prevent the
spread of contagious or infectious diseases under R.C. 3701.13 and by the Director of Health to
investigate, make inquiry, and take prompt action to control and suppress the cause of disease
or illness, including contagious, infectious, epidemic, pandemic, or endemic conditions, under
R.C. 3701.14.19
To assist the Committee in performing its duties, including those duties described
below, the act permits the Committee chairperson to issue subpoenas. Before issuing
subpoenas, the Committee chairperson must receive authorization from the Committee, the
President, and the Speaker. The act requires the executive director and staff of the Joint
Medicaid Oversight Committee to serve the Committee to enable it to successfully and
efficiently perform its duties.20
Authority of ODH and local boards of health
Authority of the General Assembly regarding ODH orders or rules
The act also allows the General Assembly to rescind a special or standing order or rule
for preventing the spread of contagious or infectious disease issued by ODH under
R.C. 3701.13, or an action taken by the Director of Health to investigate, make inquiry, and take
prompt action to control and suppress the cause of disease or illness, including contagious,
infectious, epidemic, pandemic, or endemic conditions, under R.C. 3701.14. At any time after
ODH issues a special or standing order or rule, or the Director takes an action described above,
the General Assembly may rescind that standing order or rule or action, in whole or in part, by
adopting a concurrent resolution.21
After the General Assembly rescinds a special or standing order or rule, ODH and the
Director are prohibited from reissuing the special or standing order or rule or action, or
rescinded portion for 60 days. The act also prohibits, within those 60 days, the issuance or
adoption of any rescinded portion, substantially similar order, rule, action, or portion, or any
restriction contained in the rescinded order, rule, action, or rescinded portion. If ODH or the
Director attempts to reissue a special or standing order or rule or action in violation of the act’s
provisions, the order or rule or action is invalid and has no legal effect.22
18 R.C. 103.65(C) and (E).
19 R.C. 103.651(B).
20 R.C. 103.65(B)(2) and (F).
21 R.C. 101.36(A)(1) and (2).
22 R.C. 101.36(A)(3) and (C).
P a g e |6 S.B. 22
As Passed by the General Assembly
Office of Research and Drafting LSC Legislative Budget Office
The act does permit the Governor, on behalf of ODH or the Director, within 60 days of
the General Assembly rescinding a special or standing order or rule or action, to submit a
request to the General Assembly to permit ODH or the Director to issue a special or standing
order or rule or take an action that was rescinded by the General Assembly. After reviewing the
request, the General Assembly may adopt a concurrent resolution authorizing ODH or the
Director to issue the rescinded order or rule or action in whole or in part.23
Qu