OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
H.B. 267 Bill Analysis
134th General Assembly
Click here for H.B. 267’s Fiscal Note
Version: As Introduced
Primary Sponsor: Rep. Jordan
Effective Date:
Alyssa Bethel and Jason Hoskins, Attorneys
SUMMARY
 Allows the General Assembly to issue a statewide order or special or standing order or
rule via concurrent resolution, in response to a public health state of emergency, if the
General Assembly had asked the Governor or Ohio Department of Health (ODH) to issue
the order and the Governor or ODH did not.
 Limits to 14 days any statewide order issued by the Governor, the Lieutenant Governor,
or an administrative department head, or certain orders and rules issued by ODH in
response to a public health state of emergency, unless extended by the General
Assembly.
DETAILED ANALYSIS
The bill addresses public health states of emergency, which is defined as an emergency
for which the Governor has declared an emergency in response to a threat to the preservation
of the life and health of the people of Ohio.1 This includes the three current types of
emergencies the Governor has specific statutory authority to declare: an air pollution
emergency, an energy shortage emergency, and an adulterated consumer product emergency.2
General Assembly issue orders via concurrent resolution
First, the bill allows the General Assembly to issue a statewide order or a special or
standing order or rule for preventing the spread of contagious or infectious disease via
concurrent resolution, in response to a public health state of emergency, if the General
Assembly first asked the Governor or the Ohio Department of Health (ODH) to issue the order
1 R.C. 107.44(A).
2 R.C. 3704.032, 4935.03, and 3715.74, not in the bill.
May 10, 2021
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or rule, but the Governor or ODH does not issue the order or rule within ten days. The General
Assembly submits its request to the Governor or ODH in writing, upon vote of a majority of the
members of each house. If the Governor or ODH does not issue the requested order or rule
within ten days after receiving the request, the General Assembly may proceed under the bill to
issue a statewide order or the special or standing order or rule via concurrent resolution. Any
statewide order or special or standing order or rule the General Assembly issues via concurrent
resolution may last at most 14 days.3
Limit on duration of public health orders
Second, the bill limits the duration of a statewide order issued by the Governor, the
Lieutenant Governor, or an administrative department head4 or a special or standing order or
rule for preventing the spread of contagious or infectious disease issued by ODH 5 in response to
a public health state of emergency. Such an order or rule may last at most 14 days, under the
bill, unless the General Assembly extends the order or rule. The General Assembly may extend
an order or rule for up to an additional 14 days by adopting a concurrent resolution, and can do
so continuously by adopting subsequent concurrent resolutions. If the General Assembly does
not extend the order or rule, the Governor, Lieutenant Governor, administrative department
head, or ODH cannot issue an identical or substantially similar order or rule, or any restriction
contained in the original order or rule, for 60 days after the order expires.6
COMMENT
The bill allows the General Assembly to issue a statewide order or a special or standing
order or rule for preventing the spread of contagious or infectious disease via concurrent
resolution, in response to a public health state of emergency, if the General Assembly had
asked the Governor or ODH to issue the order or rule and the Governor or ODH did not. A
reviewing court might examine this provision of the bill because the Ohio Constitution specifies
that, “The General Assembly shall enact no law except by bill,” which must be presented to the
Governor for approval and, unless an exception applies, is subject to the referendum. The Ohio
Supreme Court has previously ruled that a resolution cannot have the effect of a law.7
3 R.C. 101.361(C) and 107.44(C).
4 See R.C. 121.03 for a list.
5 R.C. 3701.13(C).
6 R.C. 101.361(B) and 107.44(B).
7 Ohio Constitution, Article II, Sections 1c, 1d, and 15 and Cleveland Terminal and Valley Railroad
Company v. State, 85 Ohio St. 251, 294 (1912).
P a g e |2 H.B. 267
As Introduced
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HISTORY
Action Date
Introduced 04-22-21
H0267-I-134/ts
P a g e |3 H.B. 267
As Introduced


Statutes affected:
As Introduced: 3701.13