Buckeye Institute Urges Rule-Making Shift to Legislature
The conservative think tank recommends lawmakers pass bills during the lame duck session to move rule-making authority from the governor to the legislature.
Updated on Nov. 3, 2026 in Legislative Policy
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Should Ohio lawmakers shift state rule-making power from the governor to the legislature?
The Buckeye Institute, a conservative think tank, has suggested Ohio lawmakers pass bills shifting rule-making power from the governor to the legislature. The group recommended action during the lame duck session following the November election.
Why it matters
The Buckeye Institute says unelected bureaucrats hold too much authority over policies issued by state agencies, and the proposals would move that oversight to elected lawmakers. Policy Matters Ohio, a progressive research group, has said it is suspicious of the timing of the recommendations.
House Bill 1024 would move the Common Sense Initiative, created in the governor's office in 2011, to the legislature, while House Bill 11 would require legislative approval for agency rules with compliance costs above $100,000. Whether either bill will advance after the lame duck session has not been determined.
The players
The Buckeye Institute
A conservative think tank that recommended Ohio lawmakers shift rule-making authority from the governor to the legislature.
Policy Matters Ohio
A progressive research group that said it is suspicious of the timing of the Buckeye Institute's recommendations.
John Kasich
Former Ohio governor under whom the Common Sense Initiative was created in the governor's office in 2011.
The details
House Bill 1024 would move the Common Sense Initiative from the governor's office to the legislature, and the proposals would require legislative approval of permanent emergency rules while preserving the governor's power to issue emergency-related rules of up to 120 days. The Department of Education and Workforce, moved under the governor's control in 2023, is among the agencies affected by the broader debate over rule-making authority.
Timeline
2011: The Common Sense Initiative is created in the governor's office under former Gov. John Kasich.
2023: The Department of Education and Workforce is moved to the governor's control.
Lame duck session after the November 2026 election: The Buckeye Institute urges lawmakers to pass the rule-making bills.
January 2027: A new governor takes office.
Political Context
The proposals would move the Common Sense Initiative, first established in the governor's office in 2011, to the legislature, reversing its placement under the executive branch. Policy Matters Ohio has challenged the timing of the recommendations, while the Buckeye Institute argues that unelected bureaucrats hold too much authority over agency policy.
If adopted, agency rules with compliance costs above $100,000 would require legislative approval before taking effect, and emergency rules would need lawmakers' sign-off once they became permanent. Residents and businesses would see changes in how state rules are reviewed, though the proposals remain recommendations at this stage.
The takeaway
The debate over the Buckeye Institute's proposals centers on who should hold rule-making power in Ohio, the elected legislature or the governor's administration. The outcome will depend on whether lawmakers act during the lame duck session.
Further reading
For background on how these rule-making changes would work, see Legislative Policy coverage for Ohio.
Source note: This article includes information reported by Cincinnati Public Radio.
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Should Ohio lawmakers shift state rule-making power from the governor to the legislature?
