Chapter 7 – Lawmaking Process
7.5 Case Study: General Assembly’s Override of Governor Mike DeWine’s Veto of House Bill 68 (SAFE Act)
This case study uses House Bill 68 to explain Ohio’s legislative process in detail. Known as the “Saving Adolescents from Experimentation (SAFE) Act,” the bill proposed banning gender-affirming care for minors and restricting transgender women and girls from participating on female sports teams in schools and colleges.
The bill was chosen for its complexity. It followed the typical steps of becoming law, including committee review and votes in both chambers, but it also included a rare gubernatorial veto and an even rarer veto override by the General Assembly.
In this case, the governor opposed the bill and vetoed it. However, the General Assembly held another vote and achieved the required three-fifths majority in both the House of Representatives and the Senate to override the veto. Subsequently, the bill became law.
Background
House Bill 68, also known as the “Saving Adolescents from Experimentation (SAFE) Act,” aimed to ban gender-affirming care for minors and restrict transgender women and girls from participating in female sports teams at both K-12 and collegiate levels in Ohio.
Legislative Process
Introduction and Committee Referral
- February 27, 2023: House Bill 68 was introduced in the Ohio House of Representatives.
- February 28, 2023: The bill was referred to the House Public Health Policy Committee.
House Approval
- June 14, 2023: The House Public Health Policy Committee reported the bill. “Reporting the bill” means the committee voted to approve it and recommended that the full legislative body take action on it.
- June 21, 2023: The Ohio House of Representatives passed House Bill 68 with a vote of 62-26. This vote was not sufficient to override a gubernatorial veto, as it did not meet the three-fifths majority threshold.
Senate Approval
- September 12, 2023: The bill was introduced in the Ohio Senate.
- September 13, 2023: The bill was referred to the Senate Government Oversight Committee.
- December 13, 2023: The Senate passed the bill with a vote of 23-9. This vote was sufficient to override a gubernatorial veto, meeting the three-fifths majority requirement. The House concurred with the Senate’s amendments on the same day.
Governor’s Veto
- December 18, 2023: House Bill 68 was sent to Governor Mike DeWine.
- December 29, 2023: Governor DeWine vetoed the bill, citing concerns for the well-being of transgender youths and the importance of parental rights in making medical decisions for their children. The bill received majority votes in both chambers; therefore, if the governor had supported the bill, he could have signed it into law that day. Watch this clip of Governor DeWine explaining why he vetoed the bill.
Veto Override
- January 10, 2024: In response to the governor’s veto, House leadership decided to vote on the bill again. The House voted to override the veto with a vote of 65-28, reaching the required three-fifths majority for a veto override.
- January 24, 2024: The Ohio Senate also voted to override the veto with a vote of 23-9, confirming the three-fifths majority. Watch this news report from WBSN-10 in Columbus that describes the process.
Analysis
The initial House vote of 62-26 was not sufficient to override a gubernatorial veto, as it did not reach the three-fifths majority required. However, during the veto override process, the House achieved the necessary three-fifths majority with a vote of 65-28. The Senate’s vote of 23-9 was sufficient both during the initial passage and the veto override, as it met the three-fifths majority requirement.
This case study exemplifies the legislative process and the checks and balances inherent in the governance system, highlighting how the General Assembly can override a gubernatorial veto when it garners sufficient support.
Timeline Summary
- February 27, 2023: HB 68 introduced in House
- June 21, 2023: House passed HB 68 (62-26, not veto-proof)
- December 13, 2023: Senate passed HB 68 (23-9, veto-proof)
- December 18, 2023: Sent to Governor
- December 29, 2023: Governor vetoed HB 68
- January 10, 2024: House overrode veto (65-28, veto-proof)
- January 24, 2024: Senate overrode veto (23-9, veto-proof)
This section demonstrates the legislative power dynamics and the procedural steps involved when the General Assembly overrides a gubernatorial veto, especially when the initial votes do not meet the veto-proof threshold in one chamber but do in the other.
Now that you’ve covered the legislative process in detail, take time to walk through the flow chart below. The goal is to recognize the intricacies of the process.
Source: Ohio Legislative Service Commission. 2023. Chapter 5 – Enacting Legislation in A Guidebook for Ohio Legislators. Columbus, OH p. 66.
