Think Tank Urges Ohio Legislature to Shift Agency Power Before New Governor Arrives

The Buckeye Institute has recommended that Ohio state lawmakers pass four specific bills during the post-election lame duck session to transfer regulatory authority from the executive branch to the legislature. The think tank argues that elected officials should hold final decision-making power over rules that impose financial costs on residents and businesses. This proposal comes as a new governor is set to take office in January, with polls indicating a likely Democratic victory in the state.

In a policy memo and accompanying press release, the Buckeye Institute outlined its legislative agenda. The first proposal, House Bill 1024, would move the Common Sense Initiative, a red-tape reduction body created in the governor’s office in 2011, under legislative control. A second measure, House Bill 11, would require legislative approval for any proposed agency rules that carry compliance costs exceeding $100,000 for individuals or businesses. The institute also suggested expanding legislative oversight over the Department of Education and Workforce, an agency transferred to executive control in 2023. Finally, the group wants lawmakers to approve permanent emergency rules, while retaining the governor’s authority to issue temporary emergency rules lasting up to 120 days.

Greg Lawson, a senior research fellow at the Buckeye Institute, described the proposals as a refinement of concepts previously attempted by the General Assembly. He stated that the goal is to establish guardrails to ensure elected representatives are responsible for costly government regulations. Lawson noted that while the new governor may have different priorities, the proposed changes are not entirely new ideas but rather updates to existing legislative efforts.

Hannah Halbert, executive director of Policy Matters Ohio, questioned the timing of the recommendations. She argued that the measures are difficult to view outside of a political context given the impending change in executive leadership. Halbert characterized the proposals as a method to limit the powers of the future governor and shift traditional administrative authority to the legislature. She described some of the suggestions as extreme, suggesting they aim to streamline rulemaking processes for business interests by bypassing administrative agencies.

The debate centers on the balance of power between the state’s elected legislators and unelected agency bureaucrats. Republicans are expected to maintain control of the Ohio legislature, providing the numerical strength to pass the recommended bills if they gain sufficient support. The outcome of the lame duck session will determine whether the new governor begins their term with a modified framework for state regulation.