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Altering smoking ban rules would be a challenge

By CLYDE EVANS
State Representative

The smoking ban bill rules developed by the Ohio Department of Health have generated considerable discussion in recent months. As a member of the Joint Committee on Agency Rule Review (JCARR), I have begun to receive questions concerning the new rules.

Because the people have passed the law, I do not have the authority to reject the rules used to implement the law. I can only invalidate the proposed rules if I believe that they do not comply with one of the criteria explained below.

The smoking rules and regulations that will be used to administer Issue 5 will be challenged. Once a law is passed, the government agency that is designated to enforce the law is charged with the responsibility of writing rules and regulations that are needed to enforce the law.

The executive branch, the governor, manages the agency that administers the law once it is passed by the Legislature or, in this case, an initiative that is passed by the people.
Once the rules and regulations are written, they are used by the agency to enforce the law unless the rules and regulations are challenged by a citizen of the state. If the agency believes the challenge is unwarranted, it will notify the challenger of its position. If the challenger does not accept the agency's position, the agency will either negotiate or permit the rules to be challenged before JCARR.

Regardless of JCARR members' position on the law, they have no authority to invalidate any of the rules unless they fail to comply with one of the following: rules cannot exceed the scope of the law, conflict with another rule, conflict with the intent of the legislation and the rule making agency must prepare a complete rule summary and fiscal analysis.

Many Ohioans are concerned that the implemented law will differ from the intent of the people who voted in November. If that is the case, the only action citizens can take is to submit another initiative that would amend the first initiative and work for its passage.

You have sent me here to represent your interests. I will focus on the issues that concern the citizens of my district, so please feel free to contact my office if there is any issue you feel deserves attention.

(Evans can be reached by calling his office at (614) 466-1366 or writing to Representative Clyde Evans, at 77 S. High St., 13th Floor, Columbus, Ohio 43215.)