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S. C. R. No. 3 As Adopted by the House
As Adopted by the House
128th General Assembly | Regular Session | 2009-2010 |
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Cosponsors:
Senators Faber, Wagoner, Seitz, Wilson, Patton, Cafaro, Gibbs, Miller, R., Smith
Representatives Amstutz, Batchelder, Brown, Burke, Chandler, Combs, Domenick, Dyer, Fende, Garrison, Gerberry, Goyal, Hagan, Harris, Heard, Huffman, Lehner, Letson, Luckie, Mallory, Martin, Moran, Morgan, Patten, Pillich, Pryor, Sayre, Schneider, Stewart, Szollosi, Williams, S., Winburn, Yates
A CONCURRENT RESOLUTION
| To adopt Joint Rules of the Senate and House of
Representatives for the 128th General Assembly.
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BE IT RESOLVED BY THE SENATE OF THE STATE OF OHIO (THE HOUSE OF REPRESENTATIVES CONCURRING):
RESOLVED: That the following are the Joint Rules of the
Senate and House of Representatives for the 128th General
Assembly: |
Rule 1. (Convention: place and procedure.) Whenever the
two
branches of the General Assembly convene for any purpose
required
by the Constitution or laws of the state,
such
convention
shall be
held in the Hall of the House of
Representatives,
unless
otherwise ordered by a joint resolution
of the two branches, and
the
President of the Senate shall
preside. During all such
conventions each
branch shall be held
to be in session as a
separate branch of the
General
Assembly
and to be governed by its
own rules; and except in voting on
questions
unique to the
convention,
where each member is
entitled to a separate vote,
shall act as such and no
question
shall be considered as carried
otherwise than by the concurrent
action of both branches;
provided, that either branch may, by a
vote of a
majority of all
its members, dissolve from such
convention by withdrawing
therefrom; and such convention may, by
the concurrent vote of the
two
branches, take a recess or
adjourn to a time certain, but such
recess or
adjournment of the
convention shall not be held to be an
adjournment or recess
of
either branch nor to prevent either from
proceeding with its
usual business
during such recess or
adjournment of the
convention. |
Rule 2. (Voting in convention.) In voting on all
questions
unique to a convention, a majority of the
votes cast shall be
necessary to a choice. |
Rule 3. (Joint select committees: creation.)
The
President
may
initiate creation of a joint select committee of
the
Senate
and
House for the purpose of
considering a Senate
bill
or a
Senate
joint or concurrent
resolution.
The
Speaker
may initiate creation
of a joint select
committee of
the
Senate
and
House for the
purpose of
considering a House bill
or a
House joint or concurrent
resolution.
A bill or joint or
concurrent resolution shall not be
referred to
a joint select
committee if its
main feature is the
appropriation
of money or a
proposal to alter or modify
the
state's existing tax
structure. |
To initiate creation of a joint select committee, the
President shall cause to be read before the
Senate or the
Speaker
shall cause to be read before the
House a message
creating the
joint select committee. After the message is read,
it shall lie
over one
calendar day before it is voted upon. If
the message is
approved, it shall be
transmitted to the
second
house. Upon
receipt, the
President or
Speaker shall cause the
message to be
read
before the second house. After the message
is read in the
second house, it
shall lie over one calendar day
before it is
voted upon. If the message is
approved in the
second house, the
joint select committee thereupon is
created as
specified in the
message. The second house shall
notify the
first of its
disposition of the message. The message
shall be
spread in full
upon the Senate
and House
Journals. |
The message is not amendable and shall be voted upon as
a
whole. Either house, by vote of a majority of the members elected
thereto,
may suspend the requirement that the message lie over
one
calendar day before
it is voted upon in that house. |
The message shall be provided to each member
of
the
Senate
and House at the time it is read therein. |
The message shall specify the name of the joint select
committee, the equal number of members the joint select committee
is to have
from each house, the number of members of the
majority
party and the number of members of the minority party the
joint
select committee is to have from each house, the purpose the
joint
select
committee is to fulfill, and any special rules
with
respect
to
submission of its report.
The bill or joint or
concurrent
resolution shall
be attached to the message. |
Reading of the
message in the first house constitutes second
consideration of
the bill in that house;
the reading of the
message and second consideration of the
bill shall be recorded in
the
journal of the first house.
Reading of the message in the
second house constitutes first
consideration of the bill in
that
house;
the reading of the message and first consideration of
the
bill shall be recorded in
the journal of the second house. |
Rule 4. (Joint select committees:
members and officers.)
A
joint select committee shall have an equal number of members
from
the Senate and
House. The
President shall appoint, and
may remove
and replace, the
Senate members of a joint select
committee.
The
Senate
Minority
Leader, in a manner to be
determined by the Senate
Minority Caucus, may recommend Senate
minority
party members
for a
joint select committee.
The
Speaker shall appoint, and may remove
and replace, the
House
members of a joint select committee.
The
House Minority Leader,
in a manner to be
determined by the House
Minority Caucus, may
recommend
House minority party members
for a
joint select
committee.
The President and Speaker shall appoint
members
from their respective houses as necessary to fill
vacancies on
a
joint select committee. The appointment or removal
of a member
of a joint
select committee shall be entered upon the
journal of
the house from
which the member is appointed. |
If a joint select committee is created to consider a
Senate
bill or joint or
concurrent resolution
referred by the
Senate,
the first-named Senate member
is
chairman
and the first-named
House member is vice-chairman
of
the joint
select committee. If
a
joint select committee is
created to
consider a House bill or
joint
or concurrent
resolution referred by the
House,
the
first-named House
member is
chairman and the first-named
Senate
member is
vice-chairman
of the joint select committee. |
In the absence of the chairman of a joint select committee,
the
vice-chairman of the joint select committee has the duties
and
authority of the chairman. |
Rule 5. (Joint select committees: consideration
and report
by.)
A joint select committee
shall study and conduct
hearings
with respect to, and
may amend or
substitute, the bill
or joint or
concurrent
resolution. The joint
select committee
may report the
bill or
joint or
concurrent
resolution.
Bills
or joint or
concurrent
resolutions that are
reported
shall be
filed in
sextuplicate with the clerk of the house
where the
bill
or joint
or concurrent resolution originated.
The original
bill
or joint or
concurrent resolution
shall accompany the
report.
The
joint select
committee shall indicate in
the
report the members who
voted "yes"
and "no" on the
report. |
The report shall be presented to the house where the bill or
joint or concurrent resolution originated and shall be spread upon
the journal. |
If a bill reported by a
joint select committee passes the
house of
origin, its subsequent introduction in the second house
constitutes second consideration of the bill
in that house.
The
introduction and second consideration of the bill
shall be
recorded in the journal
of the second house. |
A bill or joint or
concurrent resolution reported by a joint
select committee is
not required to be referred to a
Senate or
House standing or select
committee or subcommittee. |
Rule 6. (Joint select committees: quorum; voting.)
A
majority of the Senate
members and a majority of the
House
members
of a joint select
committee is a quorum. Each member of
a joint
select committee
has one vote. A joint select committee
may not
take any action
unless the action is agreed to by a
majority of
its
members on the part of the Senate and by a
majority
of its
members on the part of the House. However,
except for reporting a
bill or joint or concurrent resolution
with a recommendation that
it be indefinitely postponed or
passed or adopted, a
joint select
committee, by vote
of a
majority of its
members on
the part of the
Senate and a
majority
of its members on
the part
of the House, may
choose to
take any
action upon
agreement, not
of
separate
majorities, but
of a
majority of all the members
of the
whole
joint select
committee. |
A proxy vote in a joint select committee is invalid. A
member of
a joint select committee who is present shall vote
unless excused by
the joint select committee. A member of a
joint
select committee is not
entitled to vote except while
actually
present in a meeting of
the joint select committee,
unless the
member has first actually been
present in the
meeting, and the
vote is continued
for members who, before the
vote, were actually
present in, but
at the time of the vote are
absent from, the
meeting.
Continuation of a vote may not extend
later than
midnight of the
day on which the vote was continued. |
Rule 7. (Joint select committees: subpoena power; power to
administer oaths.) The chairman of a joint select committee, when
authorized by the joint select committee and by the President and
Speaker, may issue subpoenas and
subpoenas duces tecum in aid of
the joint select committee's
consideration of a bill or joint or
concurrent resolution
that has been
referred to the joint
select
committee. Subpoenas may
require
witnesses in any part of
the
state to appear before the
joint
select committee at a time
and
place
designated in the
subpoena to
testify. Subpoenas
duces tecum
may require
witnesses or other
persons in any part
of the state
to
produce
books, papers,
records, and other
tangible evidence
before
the
joint select
committee at a time
and place designated in the
subpoena duces
tecum. A subpoena or
subpoena duces tecum shall
be
issued,
served, and returned, and
have consequences, as
provided
in
sections 101.41 to 101.45 of
the
Revised Code. |
The chairman of a joint select committee may administer oaths
to
witnesses appearing before the joint select committee. |
Rule 8. (Joint select committees: open meetings.) All
meetings of
a joint select committee shall be open to the public
unless closed in
accordance with
Ohio Constitution,
Article
II,
Section 13. |
The chairman of a joint select committee, not later than two
days before a meeting of the joint select committee, shall give
due
notice of the meeting. The notice shall identify the joint
select committee, identify the chairman, state the time and
place
at
which the meeting will be held, and set forth an agenda
showing
the bill or joint or concurrent resolution
that will
be
considered at the meeting.
If an emergency
requires
consideration
of a bill or
joint or concurrent
resolution
at a
meeting, and two
days'
advance notice of
the meeting
therefore
is impractical, the
chairman may schedule an
emergency
meeting
of the joint select
committee by giving
twenty-four hours'
advance notice of the
emergency meeting to the
news media that
have requested such
notification and the bill or
joint or
concurrent resolution
then
may be
considered at the emergency
meeting
as the emergency
requires. |
A joint select committee shall not meet during a session of
the
Senate or
House, except by special leave
of that house. |
Rule 9. (Joint select committees: records.) The chairman
of a
joint select committee shall maintain a
record of evidence
that is
presented before, or
obtained by, the joint select
committee. |
The joint select committee shall keep minutes
of its
proceedings and
at each meeting except the
first shall approve
the
minutes taken at the previous meeting,
or, if the minutes
require
correction, shall correct and approve
the minutes. The
joint
select committee shall maintain a record of its
approved
minutes,
and promptly after approval shall file a copy
of its
minutes with
the Clerk
of the Senate and
Clerk of the
House. |
When a joint select committee concludes its work, or upon
sine
die adjournment of the house of which the joint select
committee's
chairman is a member, the chairman shall deliver all
the joint
select committee's records to the
Clerk of the
Senate
if
the chairman is a
member of the
Senate or to the
Clerk of
the
House if the chairman is a
member of the House. |
Rule 10. (Question when bill is vetoed.) When under Ohio
Constitution, Article II, Section 16, a
message
is transmitted
to
the house of origin by the
Governor, expressing
disapproval
of any
bill or item of an appropriation bill that
has been
passed by the
General Assembly, the
house of origin may
reconsider and repass
the bill or item. If
the house of origin
repasses the bill or
item, it shall send the bill or item,
together with the message of
the Governor expressing
disapproval, to the other house, which
then may reconsider and
repass the bill or item. A vetoed bill or
item shall be repassed
by not fewer
than three-fifths of the
members elected to each
house, and in
no case by a fewer number of
votes than was
constitutionally
required upon its original
passage. The
question
upon reconsidering a vetoed bill in
either
house shall
be presented as follows: "Shall the bill (or item or
items
of
an appropriation
bill) be passed notwithstanding the
objections
of the Governor?"
The vote shall be taken in either
house by
calling the
yeas and nays and shall be recorded in the
journal. |
Rule 11. (Form of bills introduced.) Bills introduced in
either house shall
be printed, shall bear the name of the
author,
and must in all respects, as to form, comply with the
laws and the
rules of both houses of the General Assembly. |
Rule 12. (Content of title of bills.) Bills shall have
noted
in their titles
a distinct reference to the subject or
matter to
which they relate and also,
if they propose the
amendment or
repeal of any law, to the section proposed to
be
amended or
repealed. |
Rule 13. (Printing of bills and resolutions.) Bills and
joint and
concurrent resolutions, unless otherwise
ordered by
the
house in which they are introduced or offered, shall be
printed
and
available for distribution upon first consideration. |
Rule 14. (Drafting of bills.) Bills shall be submitted for
introduction with all material double-spaced. The Legislative
Service Commission shall determine the size of the paper on
which
bills shall
be printed
and the manner in which all new
language
and punctuation to be amended or
enacted into the
Revised
Code
and all language and
punctuation to be eliminated from an
existing
section of
the
Revised Code
shall be
formatted. |
Rule 15. (When notice of action on bills or resolutions
shall be given to the
other house.) When a bill or joint or
concurrent resolution has been
passed or adopted in either house,
notice shall be forthwith given to the
other house. When a bill
or joint or concurrent resolution that
has been passed or adopted
in one house is rejected or lost in
the other, or postponed
indefinitely, notice thereof shall forthwith be given
to the
other
house. |
Rule 16. (Procedure when a bill or resolution is
amended by
the other
house.) When a bill or joint or concurrent resolution
has passed or been
adopted in one
house, and been amended,
passed
or adopted, and returned by the other,
it
shall
lie over
one
calendar day, unless otherwise ordered by a
majority of the
members elected to the house to which it was returned.
The
amendment shall be printed in the journal of the house to which it
was
returned.
The bill or
joint or concurrent resolution shall
be
placed on the calendar.
The calendar shall show on what page
of
the journal
the amendment has been printed. |
When taken up, the question shall be on the concurrence in
the amendment of
the other house and no motions shall be in order
except (1) a
motion to informally
pass or (2) if the rules of
the
member's house authorize such a motion, a
motion of a member
to
add or remove the member's name from the bill or joint
or
concurrent resolution. The same
number of votes shall be
required
to concur in the
amendment as was required to pass or
adopt the
bill or joint or concurrent
resolution in the house in
which
it
originated; if the question be upon concurrence in an
amendment to
a bill
which has passed the other house as an
emergency measure,
then a vote shall be taken first, upon
the
emergency features of
the bill and second,
upon concurrence in the
amendment. The same
number of votes
shall be
required on each
vote as was required to
pass the
bill
as an
emergency measure.
If such house refuses to
concur in the
amendment to the bill or
joint or concurrent
resolution, or if the
house
refuses to
agree to the emergency
features of the bill,
notice shall be
forthwith sent to the other
house where the
proceedings shall
be
either: |
First, to insist upon its amendment and ask for a committee
of conference; |
Second, to recede from its amendment, which has the effect of
passing
the bill or adopting the joint or concurrent resolution
in
the form in which
it passed or was adopted by the house in
which
it originated; or |
Third, to adhere to its amendment, which precludes a
committee of
conference. |
Rule 17. (Membership of committee; acceptance of report.)
All committees of
conference are joint committees that shall
consist of three
members of the Senate and
three members of the
House of Representatives unless
committee membership is otherwise
specially ordered by both houses. |
If a committee of conference has under consideration a House
bill
or joint or concurrent
resolution, the first-named House
member shall be chair of the
committee. If
the committee has a
Senate bill or joint or concurrent resolution
under
consideration,
the
first-named Senate member shall be chair. |
A question in a committee of conference shall be
decided by
at least a majority of the members
on the part of the Senate and
a
majority of the members on the part of the House.
However,
except
for the question of agreeing to the
committee's report,
the
committee, by vote of a majority of its members on
the part
of the
Senate and a majority of its members on the part of
the
House, may
choose to decide a question, not by
separate
majorities, but by a
majority of all the members of the whole
committee. |
Rule 18. (Procedure when the committee disagrees.)
Whenever
any committee of
conference cannot reach
agreement,
another
committee may be appointed; and if either of the
two
houses
disagrees to any report of a committee of conference, such
house
shall forthwith notify the other house of such
disagreement, and
upon request
of that house another committee
shall be appointed. |
If the disagreeing house does not make such a request, the
committee of
conference whose report was refused may proceed to
propose another
report. |
Rule 19. (What the report may include.) A committee of
conference appointed
to consider matters of difference between
the
two houses upon any bill or
joint or concurrent resolution
may
consider and include in its report any
amendments pertinent
to
the
bill or joint or concurrent resolution, provided such
amendments
relate exclusively to the original matters of
difference between
the two
houses. |
Rule 20. (When the report of the committee is in order;
consideration.)
The report of a
committee of conference cannot be
laid on the
table,
referred to a committee, or indefinitely
postponed, and
must be voted upon as
a whole. |
Conference committee reports shall lie over at least one day
after conference committee approval before the House or Senate may
consider them, unless otherwise ordered by a majority vote of all
the members present in that house. |
Rule 21. (Where the papers are to be filed.) When
a
committee of conference has met and
come to an agreement, or
where
no agreement is reached, the bill or joint or
concurrent
resolution and papers
adhering thereto shall remain in the house
in which the bill or joint or
concurrent resolution originated. |
Rule 22. (Vote required by each house.) The yeas
and nays
shall be called upon agreeing to
the report of the committee of
conference, and except as otherwise provided in
this rule, no
such
report shall be agreed to unless it receives
the vote of a
majority of the members elected to each house. |
In the
case of emergency bills, or bills to which an
emergency clause was attached
by the committee of conference, the
report shall receive two votes of
two-thirds of the members
elected to each house.
The question on the first such vote shall
be: "Shall the
emergency clause of the bill stand as part of the
report?" The
question on the second such vote shall be: "Shall
the report
of the committee of conference be agreed to as an
emergency
measure?" |
In the case of joint resolutions proposing amendments to
the
Ohio
Constitution, the report shall
receive the votes of not
fewer
than three-fifths of the members
elected to each house.
The joint
resolution shall be spread in
full upon the journal of
each house. |
When the question of agreeing to the report of a committee of
conference is taken up, no motions are in order except (1) a
motion to informally pass or (2) if a rule of the member's house
authorizes such a motion, a member's motion to add or remove the
member's name from the bill or joint or concurrent resolution. |
Rule 23. (By and to whom delivered.) All messages sent
from
one house to the
other shall be carried by an officer or
employee
of the sending house, who
shall take a receipt for the
same from
the message clerk of the receiving
house to whom
the
officer or
employee delivers the message. The message
clerk
shall deliver
the
message without delay to the clerk of the
receiving
house
and
take
a receipt therefor from the receiving
clerk or one of
the
receiving clerk's assistants authorized by
the
receiving clerk to
receipt for messages. The receiving
clerk shall deliver
each
message to the presiding officer of the
receiving house, who
shall,
in the proper order of business, and
within a reasonable
time, lay it before
the house. |
ENGROSSMENT OF BILLS AND RESOLUTIONS
|
Rule 24. (Manner of engrossment of bills and resolutions.)
All bills and
resolutions, before
they are passed or adopted by
either house, shall be carefully engrossed in
printing, and the
engrossed copy shall be
carefully
compared with the original
bill
or resolution and with the journal showing
the amendments
agreed
to. |
Rule 25. (Printing.) When the Clerk of the Senate or
Clerk
of the House is required to print a
bill, resolution, report, or
other document belonging to or in
the possession of the Senate or
House, the Clerk may use a method
of printing as contemplated by
sections 101.51 to 101.524 of the
Revised Code. |
Rule 26. (Manner of engrossment when bill or resolution
amended by the
other house.) When
a bill or joint or concurrent
resolution has passed
or been adopted in one house, and been
amended in the other, the bill
or joint or concurrent resolution,
as amended, shall be fully
engrossed, and both returned, with the
engrossed bill or joint or
concurrent resolution received from
the
other house, to the house in which
it originated. In such
engrossments, amendments shall be engrossed in
printing.
Whenever
a bill or joint or concurrent resolution is passed or
adopted in
one
house
and sent to the other and a substitute
therefor is
agreed to by such house, in
the communications
between the
houses,
such substitutes shall be
designated and
treated as an
amendment
to the original bill or resolution. |
SIGNING OF BILLS AND JOINT RESOLUTIONS
|
Rule 27. (Who shall sign bills and joint resolutions;
procedure when bill
vetoed by
Governor.) All
bills and joint
resolutions that have passed or been adopted in both
houses shall
be first signed by the presiding officer of the House
of
Representatives, and then by the presiding officer of the
Senate,
the
latter delivering the same to the Clerk of the Senate, who
shall deliver each
bill so passed to the Governor, taking a
receipt therefor, and each
joint
resolution to the Secretary of
State, taking a
receipt therefor.
When any bill is vetoed by
the
Governor and subsequently
enacted
into law over such veto,
in
accordance with Ohio
Constitution, Article II, Section 16,
the
enrolled copy shall be
endorsed with the record of the
proceedings
in each house subsequent to the
veto attested by the
presiding
officer of the House and the presiding
officer of the
Senate, and
the presiding officer of the second house
shall file
it with the
Secretary of State. |
Rule
28. (Floor privileges for the news media.) Whenever
the
two branches of
the General Assembly are convened in joint
convention,
representatives
of the press and representatives of
radio and television stations and
broadcasting networks shall be
granted floor privileges in the same manner
provided for by the
Rules of the House
of Representatives. |
Rule
29. (Letters and simple resolutions.) When a member
of
the House of
Representatives and a member of the Senate
jointly
request
on behalf of the
House and Senate letters or
simple
resolutions conveying
messages of
commendation,
congratulation,
recognition, or
condolence to persons or
organizations named in
such request, the
Speaker of
the House
shall sign on behalf of the
House and the
President of the
Senate
shall sign on behalf of the
Senate. |
The Clerk of the Senate or Clerk of the
House shall arrange
for
the transmittal of such message to persons or organizations
designated in the
request and shall keep a record of the
distribution of such letters and
resolutions, which record shall
be open for inspection by any member of the
General Assembly. |
Rule
30. (Suspension of Joint Rules.) Except
as
otherwise
explicitly provided in the Joint Rules, no
joint rule
may
be
suspended or
altered except by joint resolution adopted
by
two-thirds vote of each
house of the General Assembly. |
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