Bill Would Strip Governor of Unchecked Public Health Powers

by
Steve MacDonald

Both Chambers of a Republican majority legislature, motivated by constituents, has passed a bill to put the brakes on their State’s Chief Executive and his Quarantine Crazy Department of Health.


Related: A COVID 19 Right to Know Request for the Governor of NH


No, sadly, it is not New Hampshire (hang tight, we’ve got NH news on this front). It’s Ohio.

Under current law, the department of health has “ultimate authority in matters of quarantine and isolation, which it may declare, modify, and enforce.” Gov. DeWine, a Republican, has used the broad authority granted to the health department to issue dozens upon dozens of mandates, lockdowns, school and business closures, trampling the civil liberties of Ohioans, crippling businesses across the state, and keeping children out of their classrooms.

Does any of this sound familiar?

The legislature stripped the word “ultimate” from the code and further modified it to say that the department “shall not issue a general, mandatory statewide or regional quarantine or isolation order that applies to and is enforced against individuals who have not been either directly exposed to or medically diagnosed with the disease that is the subject of the order.”

The “Republican” Governor has vowed to veto it, and it is not clear if there is a veto-proof majority in the Senate. Several Republicans defected to vote against the change that passed. But it looks close. Very close. And I hope they override any veto.

Locking down healthy people is tyrannical. Forcing them to wear masks or comply with whatever mandate the bureaucracy and a willing governor can imagine is absurd. Free societies don’t work that way.

As for New Hampshire, there are several proposals in the pipeline to do something similar. Actually, there are (it looks like) 18 legislative proposals relating to emergency Orders or Emergency powers. Most of them appear focused on limiting the current powers being exercised by His Excellency and or returning more or all the oversight to the Legisalture.

2021-0002 HB Title: relative to the reversal or forgiveness of emergency order violations.
Sponsors: (Prime) Andrew Prout , Mark WardenDave TestermanScott WallaceBob GreeneTony LekasJosh YokelaDawn JohnsonMelissa BlasekCody Belanger
2021-0173 HB Title: relative to the emergency powers of the commissioner of health and human services.
Sponsors: (Prime) William Marsh
2021-0428 HB Title: relative to termination of a state of emergency by simple resolution.
Sponsors: (Prime) Tony Lekas
2021-0430 HB Title: relative to the emergency management powers of the governor.
Sponsors: (Prime) Anne Copp
2021-0431 HB Title: relative to termination of a state of emergency during a recess of the legislature.
Sponsors: (Prime) Andrew Prout
2021-0432 HB Title: relative to termination of an emergency order issued by the governor.
Sponsors: (Prime) Andrew Prout
2021-0434 HB Title: relative to a state of emergency declaration.
Sponsors: (Prime) Anne Copp
2021-0483 HB Title: relative to takings of property in a declared emergency.
Sponsors: (Prime) Michael Sylvia
2021-0497 HB Title: relative to the establishment of a joint legislative emergency executive order oversight committee during a declared state of emergency.
Sponsors: (Prime) Timothy Lang
2021-0551 HB Title: relative to revenue estimates while operating under emergency orders caused by the COVID-19 pandemic.
Sponsors: (Prime) Norman Major
2021-0597 HB Title: limiting renewal of states of emergency.
Sponsors: (Prime) Andrew Prout
2021-0613 HB Title: relative to evacuations under a state of emergency.
Sponsors: (Prime) Tony Lekas
2021-0619 HB Title: limiting the powers of the governor during a declared state of emergency.
Sponsors: (Prime) Terry Roy
2021-0680 HCR Title: terminating the state of emergency declared by the governor due to the Novel Coronavirus (COVID-19).
Sponsors: (Prime) Melissa Blasek
2021-0701 HB Title: establishing a committee to study the time frame that emergency executive orders can remain in effect without concurrence from the legislature.
Sponsors: (Prime) Michael Harrington
2021-0709 HB Title: relative to state of emergency declarations.
Sponsors: (Prime) Gary Hopper
2021-0718 HB Title: prohibiting residential evictions and foreclosures during the Covid 19 state of emergency.
Sponsors: (Prime) Casey Conley
2021-0726 HB Title: relative to the applicability of a state of emergency declaration to a house of worship.
Sponsors: (Prime) Keith Ammon
2021-0781 HB Title: relative to emergency housing assistance.
Sponsors: (Prime) Casey Conley
2021-0812 HB Title: relative to the governor’s emergency authority.
Sponsors: (Prime) Jeffrey Greeson

If I missed any, send them my way, please. And we won’t have language until there are actual bills – and a few of these look similar. They may get rolled into one or two pieces of legislation.

As for Sununu, I expect he will veto them all. Remember, people drawn to power do not like to give it back, and we do not have veto proof-majorities. Democrats are all in on more of the same and then some.

That’s no reason not to try and use the opportunity to get the issue before the people. A matter with which we are happy to assist.

 

And because Ohio reminded me of ‘My City Was Gone’ by the Pretenders, well – here it is.

Author

  • Steve MacDonald

    Steve is a long-time New Hampshire resident, blogger, and a member of the Board of directors of The 603 Alliance. He is the owner of Grok Media LLC and the Managing Editor of GraniteGrok.com, a former board member of the Republican Liberty Caucus of New Hampshire, and a past contributor to the Franklin Center for Public Policy.

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