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Gov. John Kasich vetoes bill that would have given legislature more control over agency rules

August 3, 2018

Gov. John Kasich vetoes bill that would have given legislature more control over agency rules

COLUMBUS, Ohio – Gov. John Kasich has vetoed a bill that would have allowed people whose businesses are adversely affected by an agency rule to request a legislative panel review it and possibly get it declared invalid.

Kaisch, in a message accompanying his veto of Senate Bill 221, said there is a process for the legislature’s Joint Committee on Agency Rule Review (JCARR) to periodically consider new rules implemented by agencies.

Kasich also noted that in 2012, he and the Ohio General Assembly implemented the Common Sense Initiative with the goal of reducing and streamlining regulations. The initiative requires a review of all proposed rules that have a potential impact on businesses.

Since 2012, about 60 percent of the rules that came before it were amended, rescinded or never implemented, Kasich said in his message.

SB 221 undermines that process, Kasich wrote.

“Because SB 221 would in effect never allow an administrative rule to be ‘final’ because it could always be re-opened by JCARR even after JCARR has already approved the supposedly final version of the rule, the bill would create uncertainty among stakeholders and the public on whether the rule should be followed,” he said in his veto message.

Kasich, a Republican who rarely vetoes bills adopted by the GOP-controlled legislature, said that lawmakers have power to change rules they don’t like by passing legislation.

He said the attempt to use the panel “to supplant the natural legislative process represents an erosion of the separation of powers. Therefore, this veto is in the public interest.”

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