The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
S. R. No. 11 As Introduced
As Introduced
128th General Assembly | Regular Session | 2009-2010 |
| |
A RESOLUTION
| To adopt Rules of the Senate for the 128th General
Assembly.
|
BE IT RESOLVED BY THE SENATE OF THE STATE OF OHIO:
RESOLVED, That the following are the Rules of the Senate for
the 128th General Assembly: |
127th 128th GENERAL ASSEMBLY
|
TIME OF CONVENING; DUTIES OF THE PRESIDENT
|
Rule 1. (Time of Sessions.) The sessions of the Senate
shall
be held at such times as are determined by the President.
For the
months of January
through June in each year, and
separately for
the months of
July through
December in each year, the
President,
at the beginning of
each six-month period, shall establish a
schedule of dates and
times according to which the
Senate shall
hold sessions and
at which roll call votes are taken. The schedule
and any
revision or supplement thereto shall be published and a
copy
provided to each senator. |
Rule 2. (May Select Senator to Preside.) The President
may
name any senator to perform the duties of the chair, but such
substitution shall not extend beyond an adjournment; nor shall
any
senator so named attest any document as President or
President Pro
Tempore of the Senate. |
Rule 3. (Clerk Shall Call Senate to Order.) When both the
President and the President Pro Tempore are absent at the hour to
which the Senate has adjourned or taken a recess, the Clerk shall
call the Senate to order and the Senate shall proceed to select
some member to act as presiding officer until the President or
President Pro Tempore is present, or an adjournment is
taken. |
Rule 4. (President to Enforce Rules.) The President shall
enforce the rules of the Senate. The President
shall preserve
order and decorum in the proceedings of the Senate; and in case
of
any
disturbance or disorderly conduct in the lobby the President
shall have the power to order the same to be cleared. When the
Senate is recessed or adjourned, the Clerk shall be responsible
for the preservation of order and decorum in the Senate
Chamber.
The Clerk shall post in the
Clerk's office the times of opening
and closing to the public. |
The Senate
Chamber, Senate offices, Senate committee and
conference rooms, the Members' Lounge, and all adjoining spaces
shall be designated as non-smoking areas.
This rule shall be
strictly enforced. |
Rule 5. (Signing of Acts, etc.) The President or, in the
President's absence, the President Pro Tempore shall sign all
acts
and joint resolutions when passed or adopted by both houses; and
all writs and all warrants and
subpoenas issued by the action of
the Senate shall be signed
by the President and attested to by the
Clerk. Initiation and defense of legal actions by the Senate shall
be decided by the President. The President Pro
Tempore, in the
absence of the President, shall have all the
rights, privileges,
authority, duties, and responsibilities of the
President. |
ORDER OF BUSINESS OF THE DAY
|
Rule 6. (Daily Order, Prayer, Pledge of Allegiance, and
Reading of Journal.) As soon as the Senate is called to order
prayer may be offered, the pledge of allegiance to the flag may
be
said, and, a quorum being present, the
Journal of the preceding
legislative day shall be read by the
Clerk. |
Rule 7. (Order of Business.) As soon as the
Journal is read
and approved, the order of business shall be
as follows: |
1. Reports of reference and bills for second
consideration. |
2. Reports of standing and select committees. |
3. House amendments to Senate bills and resolutions. |
4. Reports of conference committees. |
5. Resolutions, including joint resolutions
and concurrent
resolutions, reported by
committee. |
6. Bills for third consideration. |
8. Introduction and first consideration of bills. |
9. Offering of resolutions and adoption of resolutions not
referred to
committee. |
Rule 8. (Order of Business, How Changed.) The business of
the
Senate shall be disposed of in the order provided by Rule 7. To
revert to
or advance to a new
order of business requires only a
majority vote of the members of
the Senate. |
Rule 9. (Message from House and Executive.) Messages from the
House
and communications from any branch of the
executive
department of the state may be received by the Clerk at any time,
except when the yeas and nays are being called. |
Rule 10. (Majority Constitutes Quorum, Less May Compel
Attendance.) A majority of all members elected to the Senate
shall
constitute a quorum, but a less number may compel the
attendance
of absent members or adjourn from day to day. |
Rule 11. (Absence of Quorum, No Business,
Procedure.) Should
a roll call show the absence of a quorum, the
President shall
direct the
Sergeant-at-Arms to dispatch the
Sergeant-at-Arms's
messengers for the absentees and
until a quorum is present no
business shall be in order except a motion to adjourn and the
enforcement of the attendance of the absentees. |
Rule 12. (Call of Senate, How Demanded.) Any senator may
demand a call of the Senate providing the demand is seconded by
three other senators and upon such call the names of the senators
shall be called by the Clerk in their alphabetical order and the
names of the absentees entered upon the
Journal. |
Rule 13. (Procedure under Call of Senate.) While the
Senate
is under call the doors shall be closed; senators shall
take and
remain in their seats and no senator shall be permitted
to leave
the Chamber unless by a majority vote
of the senators
present. |
Rule 14. (Call of Senate, Absentees Brought in.) On the
completion of the roll call on the call of the Senate, the
President shall direct the
Sergeant-at-Arms to bring in the
absentees, if any, and until such absentees have appeared at the
bar of the Senate and answered to their names, no business shall
be in order except a motion to adjourn and a motion to dispense
with further proceedings under the call. |
Rule 15. (Call of Senate, Motion to Adjourn if
Defeated.)
During a call of the Senate, if a motion to adjourn
has been voted
down, it shall not be renewed until a motion
to dispense with the
call has been voted upon, or
until an additional senator has
appeared and answered to the roll
call. A motion to dispense with
further proceedings under the
call shall not be made in the
absence of quorum. |
Rule 16. (After Call of Senate, Senator Cannot
Leave.) When a
call of the Senate has been completed and further
proceedings
under the call have been dispensed with, no senator
shall be
permitted to leave the Chamber until
the order of business for
which the call was demanded has been disposed of,
except by leave
of a majority of the senators elected. |
ADMINISTRATIVE PROCEDURES
|
Rule 17. (Absences, Must be Excused.) Any absence of a member
from a session of the
Senate must be excused. Before a member may
be excused from such an
absence from a voting session, the member
shall
submit an explanation for the absence in writing to the
Clerk. A member shall be automatically excused from a nonvoting
session. |
Rule 18. (Mileage Reimbursement, Payment of.) The
reimbursement based on mileage as
provided for
in section 101.27
of the
Revised Code shall be paid to each
qualifying member by the
Clerk
unless a member is not present in Columbus during a week. |
Rule 19. (Appointment of.) At as early a date as
practicable
after the organization of the Senate, the President of the Senate,
by message,
shall name and appoint standing committees. In
addition, the President of the Senate, by message, shall name, and
may substitute, members of the Senate to serve on boards,
commissions, task forces, and other bodies created by law and on
which Senate members are eligible to serve, except as otherwise
provided. The Minority Leader of the Senate may recommend minority
party members for each committee. |
Rule 20. (Committee
Chairperson; Expenses; Attendance of
Witnesses.) The President shall designate a chairperson
and
vice-chairperson as well as a ranking minority
member for each
committee. The Minority Leader of the Senate may recommend the
ranking minority member for each committee. In the absence of the
chairperson or
vice-chairperson, the committee may designate a
chairperson. |
The President may be substituted as a voting member of any
committee and the committee records shall reflect such fact and
the committee member for whom the President has been
substituted.
The Minority Leader shall be an ex-officio nonvoting member of
each committee and the President may, at the Minority Leader's
request, substitute the Minority Leader as a voting member of any
committee and the committee records shall reflect such fact and
the committee member for whom the Minority Leader has been
substituted. |
No committee or member thereof shall be permitted to incur
any expenses without first receiving the written consent of the
President or the Committee on Rules.
Authorization by the
Committee on
Rules shall be signed by the
Chairperson of the
Committee on
Rules. |
When authorized by the President, the chairperson of a
standing committee of the Senate, with respect to any pending or
contemplated legislation, or with respect to any matter committed
to the standing committee, or the chairperson of a
select
committee
of the Senate, with respect to any matter committed to
the select
committee, may issue a subpoena under sections 101.41
to 101.46
of the Revised Code, or may issue an order under section
101.81
of the Revised Code, to compel the attendance of witnesses
or the
production of books, papers, or other tangible evidence. |
Rule 21. (Committee Meetings, Called by, Rules, Record.) Each
committee shall meet upon the call of its chairperson,
and in case
of the chairperson's absence, or refusal to call
the committee
together, a
meeting may be called by a majority of the members of
the
committee. At least two days preceding the day bills or
joint
resolutions to propose a constitutional amendment are to be given
a first hearing,
the Clerk shall post in
the Clerk's office the
schedule
of such bills and joint resolutions in each standing
committee
or subcommittee with the exception of the standing
Committee on Rules. In a case of
necessity, the notice of hearing
may be given in a shorter period
than two days by such reasonable
method as shall be prescribed by
the Committee on Rules. |
Where applicable, the rules of the Senate apply to the
committee proceedings of the Senate. In addition, all committee
meetings shall be governed by section
101.15 of the Revised Code.
On any occasion when a majority or more of the
members of a
standing
committee, select committee, or subcommittee of a
standing or select committee of the Senate meet together for a
prearranged discussion of the public
business of the committee or
subcommittee, the meeting shall be open to
the public
unless
closed in accordance with Ohio Constitution,
Article II, Section
13. |
Rule 22. (May Not Sit During Session of Senate.) No
committee
shall sit during the daily sessions of the Senate
without leave of
a majority of the Senate. A committee may sit during a recess from
the daily session of the Senate. |
Rule 23. (Committee Quorum.) A majority of all members of
a
committee shall constitute a quorum. A less number may meet to
hear a measure, but unless a quorum is present, no motion
except
to adjourn shall be in order. |
Rule 24. (Votes Required by Committee; Reconsideration by
Committee.) The affirmative
vote of a majority of all members
constituting a committee shall
be necessary to agree to any motion
to recommend for passage or
to postpone indefinitely further
consideration of bills or
resolutions. Every member present shall
vote in the affirmative
or the negative except when excused by the
committee upon request
made prior to the call of the roll. A
member may defer the
member's vote only during the first call of
the roll on any question. No
proxy vote shall be valid. At the
discretion of the chairperson, the roll call may be continued for
a vote
by any member who was present at the meeting
prior to the
roll call on a bill, resolution, or appointment for which the
roll
call was continued,
but the roll shall not remain open later than
10:00 a.m. on the next calendar day. |
A motion to reconsider may be made by any member of a
committee, and, except as provided in Rule 25, such motion, to be
in order, must be made while the matter proposed to be
reconsidered remains before the committee. A motion to reconsider
shall not prevail unless it receives the same number of
affirmative votes as were required originally to pass the matter
proposed to be reconsidered. |
Rule 25. (Measures Postponed Indefinitely.) Any bill or
resolution postponed indefinitely is rejected and shall not be
subject to further consideration by the committee, except upon
the
adoption of a motion for its reconsideration not later than
the
next meeting of the committee. Notice shall be given
immediately
to the Clerk when a bill or resolution
has been indefinitely
postponed. Such measure shall not be
reintroduced in the Senate
while indefinitely postponed. |
Rule 26. (Committee Reports, Presentation of House Bills and
Resolutions.) Any committee of the Senate
may report back to the
Senate any measure referred to it, with or
without amendments, or
may report back a substitute for any
measure referred to it. No
committee may report back any measure
referred to it or any
substitute for such measure without
recommending its passage or
adoption, and the report shall not be
received by the Clerk unless
signed by the majority of the
committee who voted in support of
the action. The report shall
also contain the signatures of those
who voted against adoption
or passage, which shall be included in
the
Journal. No member shall sign a committee report who was not
present at the meeting. |
When a standing committee recommends a House bill for passage
or a House joint or concurrent resolution for adoption, the
chairperson of the committee shall, when the same is called up for
consideration, cause the bill or joint or concurrent resolution to
be properly presented to the Senate. |
Rule 27. (Records to be Kept.) Each committee shall keep
minutes of its proceedings, including
a record of committee
attendance and the names of all persons who
speak before the
committee, whether such persons are a
proponent, opponent, or
other interested party on the issue on which they
appear, the
names
of the persons, firms,
associations, or corporations in
whose behalf such persons
appear, and such other matters as may be
directed by the
Committee on Rules. A
record of motions and the
votes thereon shall be kept
by the committee. |
Rule 28. (Records Open to Examination; Filing of
Records.)
During the period of sessions, committee voting
records shall be
open for examination by any citizen of Ohio at
reasonable times
and subject to adequate safeguards established
by the chairperson
to protect and preserve such
records. Upon final adjournment of
the Senate, the committee records shall be
filed with the Clerk.
Committee voting records filed
with the Clerk shall be open for
examination by any
citizen of Ohio at reasonable times and subject
to adequate
safeguards established by the Clerk and the records
retention schedule adopted by the Clerk. |
Rule 29. (Committee Shall Examine Bills, etc.) Every
committee to which a bill or resolution is referred shall
carefully examine the form, phraseology, punctuation, and
arrangement thereof and when necessary report to the Senate
amendments to correct the same. |
Rule 30. (Select Committees, Appointed by.) All
committees
shall be appointed by the
President. |
Rule 31. (Motion to Commit, Cannot
Be Amended.) When a
motion
is made to commit to a standing committee, it shall not be
in
order to amend such motion by substitution of any other committee. |
Rule 32. (Motion to Discharge a Committee.) A motion to
discharge a committee of further consideration of a bill or
resolution which has been referred to such committee thirty
calendar days or more prior thereto, shall be in writing and
deposited in the office of the Clerk. Before such motion may be
filed with the Clerk, there shall be attached thereto the
signatures of a majority of the members elected to the Senate,
and
each member so signing must do so in the office of the Clerk
and
in the Clerk's presence, or in the
presence of one of the Clerk's
assistants. Such
motion, together with the signatures, shall be
printed in the
Journal on the day the motion was filed with the
Clerk.
Only one motion can be presented for each bill or
resolution. |
Rule 33. (Introduction of Bills.) Bills to be introduced
in
the Senate shall be typewritten, shall be in quadruplicate,
shall
bear the name of the author and co-authors, if any, and shall be
filed in the Clerk's office at least one hour prior to the next
convening session of
the Senate. |
Between the general election and the time for the next
convening session, a holdover member or a member-elect may file
bills for introduction in the next session with the Clerk's
office, and those bills shall be treated as if they were
bills
introduced on the first day of the session. |
No bill shall be accepted for filing by the Clerk unless it
is presented for filing by a member or member-elect of the
Senate,
or by the member's legislative aide or administrative assistant
with authorization of the senator, and it has first been approved
as to form by the Legislative Service Commission and the face of
the bill is marked to indicate that approval. |
When the time for introduction of bills is reached in the
regular order of business, the Clerk shall read the bills filed
with the
Clerk in the same
manner as if the bills were
introduced
from the floor. This rule may be suspended by a
majority vote of
the members elected. |
Rule 34. (Bills, Title of.) Bills shall have noted in
their
title a distinct reference to the subject or matter to
which they
relate, and if they propose the amendment, enactment,
or repeal of
any law, to the section proposed to be amended,
enacted, or
repealed. |
Rule 35. (Bills, Second Consideration and Committee on
Reference, Public Hearing.) On the second reading of a bill, the
Committee on
Reference shall, if no motion or order be made to
the
contrary, refer the bill to the proper standing committee
in
regular order. Further, no bill shall be reported for a third
reading and passage unless the same shall have been considered at
a meeting of the committee to which the same has been referred. |
All Senate bills and resolutions referred by the Committee on
Reference on or before the first day of April in an even-numbered
year shall be scheduled by the chairperson of the committee to
which the same has been referred for a minimum of one public
hearing. |
Rule 36. (House Bills Engrossed When Amended.) House
bills,
when altered or amended by the Senate, shall be engrossed
in like
manner as Senate bills preparatory to their
consideration. |
Rule 37. (Recommitment of Bills.) At any time before its
passage, a bill or resolution may be recommitted or rereferred by
a
majority vote of the Senate or the Committee
on Rules. |
Rule 38. (Recommitment after
Reconsideration.) If a bill
or
resolution be lost, and the vote reconsidered, such bill or
resolution shall not thereafter be committed to other than a
standing committee or to a select committee to which the bill or
resolution was originally referred. |
Rule 39. (Special Order, How Made.) A bill or resolution
may
be made a special order by a three-fifths vote of the Senate. |
Rule 40. (Bills Placed on Calendar, When.) Unless the
Senate
otherwise orders, all bills and resolutions reported by a
committee with a recommendation for passage or adoption shall be
placed on the calendar with an indication that the bills and
resolutions have been recommended for passage or adoption by the
designated committees. Bills and resolutions recommended by
designated committees may be arranged on the calendar
under the
regular order of business by action of the
Committee on Rules,
pursuant to Rule 96. |
Rule 41. (How Taken Up for
Consideration.) Resolutions taken
up on the calendar under the
fifth order of business listed in
Rule 7 and bills standing in
order for third consideration shall
be taken up and read without
a motion to that effect, and, unless
otherwise ordered by the
Senate, the questions shall be,
respectively:
"Shall the resolution be adopted?" and "Shall the
bill pass?" |
Rule 42. (Carried Over to Succeeding Day.) When a bill
which
has been set for a third consideration on a particular day
shall
for any reason not be reached on that day, it shall stand
for
third consideration on the first succeeding day when bills
for
third consideration shall be reached in the regular order of
business, except as may be otherwise provided by the
Committee on
Rules. |
Rule 43. (Bills Taken Up Earlier, How.) When a bill has
been
ordered for third consideration on a particular day, or at a
certain hour, it shall not sooner be taken up except upon
three-fifths vote of the senators elected. |
Rule 44. (Calendar Must Show Amendments.) If a bill is
amended before being placed upon the calendar for third
consideration, the Clerk shall note on the calendar the fact that
it has been amended, and shall cite the date when such amendment
was made and the page of the Senate or House Journal upon which
such amendment appears. At the time of third consideration, the
bill with amendments incorporated shall be supplied
to each
senator. |
The Clerk may post on the calendar under the regular order of
business pursuant to Rule 7 the title of bills for which a report
of a committee of conference has been filed with the Clerk. |
When a bill or joint or concurrent resolution has been passed
or been adopted in the Senate, and been amended, passed or
adopted, and returned by the House, it shall lie over one calendar
day, unless otherwise ordered by a majority vote of the Senate. |
When a report of a committee of conference has been filed
with the Clerk, it shall be spread upon the pages of the Journal
and lie over one calendar day unless otherwise ordered by a
majority vote of the Senate. |
Rule 45. (Amendments Provided Before Vote.) Before a
vote may
be taken upon the question of concurrence in House
amendments to a
Senate bill or resolution, or upon the question
of agreement to
the report of a conference committee, each
member of the Senate
shall be supplied
with the amendments made by
the House or
recommended by the conference
committee and each member of
majority leadership, each member of the minority leadership, and
the sponsor or floor sponsor shall be supplied with the bill or
resolution as passed by the Senate. |
Rule 46. (Synopsis of House Amendments
before Vote.). Before
a
vote is taken on the question of concurrence in
House
amendments
to a Senate bill or resolution, the staff of the
Legislative
Service Commission shall prepare a synopsis of any
substantive
amendments made by a House committee to the bill or
resolution as
passed by the Senate. The staff of the Legislative
Service
Commission shall make such a synopsis available to each
senator
at
the time the Senate votes on the question of
concurrence in the
House amendments. The Clerk shall provide each
member of the
majority
leadership, each member of the minority
leadership, and
the sponsor or floor
sponsor with any amendments
made by the
House
during its third
consideration of the bill or
resolution. |
Rule 47. (Title of Bill after Passage.) When a bill has
passed the Senate, the Clerk shall read its title and the
President shall demand if the Senate agrees thereto. Any senator
may then request the addition or deletion of thea senator's name
to
the
title as a co-sponsor. Prior to passage of a bill, a
former
senator who no longer is a member of the General Assembly
may
present a writing to the Clerk requesting deletion of the
former
senator's name from the title of the bill as sponsor or
co-sponsor. The President shall present the request to the Senate,
and the Clerk shall spread the request upon the pages of the
Journal. When the Senate is agreed, the Clerk shall make
out the
title accordingly, and certify to the passage of the bill
upon its
carrier. |
Immediately after the
Senate has voted to concur in
House
amendments to a bill or
resolution, and immediately after the
Senate has voted to accept a
conference committee report, a
senator may add or remove the senator's
name from the bill or
resolution by rising and stating this
desire to the President. The
Clerk shall thereupon add or remove
the senator's name to or from
the bill or resolutionthe President shall demand if the Senate
agrees to the co-sponsorship of the bill or resolution. Any
senator may then request the addition or deletion of a senator's
name from the bill or resolution as co-sponsor. Prior to the vote
on concurrence in House amendments to a bill or resolution, and
prior to the vote on a conference committee report, a former
senator who no longer is a member of the General Assembly may
present a writing to the Clerk requesting deletion of the former
senator's name from the bill or resolution as sponsor or
co-sponsor. The President shall present the request to the Senate,
and the Clerk shall spread the request upon the pages of the
Journal. When the Senate is agreed, the Clerk shall make out the
title of the bill or resolution accordingly. |
Rule 48. (Amendments,
Must Be Germane.) No amendment proposed
that
is not germane to the subject under consideration shall be
considered. |
Rule 49. (Same Amendment Not Permitted, Except.) Matters
inserted in or stricken from a bill by amendment, except an
amendment reported by a standing or special committee, may not be
subsequently stricken from or inserted in a bill by
amendment. But
a motion to reconsider will, however, be in
order. |
Rule 50. (Cannot Contain Pending Legislation.) No bill or
resolution shall be amended on the floor of the Senate by
annexing
or incorporating the substance of any other bill or
resolution
pending before the Senate unless such annexation or
incorporation
is done by vote of a majority of the senators. |
Rule 51. (Tabling, Effect on Bill.) When a motion to
amend a
bill or resolution is laid upon the table or indefinitely
postponed, the measure shall not be carried with it but shall be
subject to further consideration. |
Rule 52. (Amendments to
Emergency Bills.) Amendments proposed
to
emergency bills shall be offered before the vote is taken on
the
emergency section. |
Rule 53. (Resolutions, How Offered; Special Committees
by.)
Resolutions may be offered by a senator in
the senator's
individual capacity, or as a report of a committee in the
regular
order of business, or at any time on leave of the Senate. Any
resolution
proposing the creation of a special investigating
committee shall
be, upon its introduction, automatically referred
to the
Committee on Rules. This rule shall be
dispensed with only
by a two-thirds vote of the Senate. |
Rule 54. (Resolutions, When Considered.) Resolutions
to be
introduced in the
Senate shall be typewritten,
shall be in
quadruplicate, shall bear the name of the author and
co-authors,
if any, and shall be filed in the Clerk's office at least
one hour
prior to the next convening session of the
Senate. All resolutions
offered in the Senate shall be considered immediately by either
being
adopted or referred to the Committee on
Reference, except as
provided in Rules
53 and 55. If so referred, the
Committee on
Reference shall examine and
otherwise consider the resolution, and
may indefinitely postpone
it, refer it to another standing
committee, or report it
back to the Senate. |
All death, commemorative, and congratulatory resolutions
shall be printed by title only unless otherwise ordered by a
majority vote of the members elected. |
Upon reading a resolution from the House, such resolution
shall be considered
immediately
by either being adopted or
referred to the
Committee on Reference. If so referred,
the
Committee on Reference shall examine and otherwise consider
the
resolution,
and may indefinitely postpone it, refer it to another
standing
committee, or report it back to the Senate. |
It shall be a prerogative of the presiding officer to
consolidate into a single motion for consideration by the Senate
some or all commemorative and congratulatory resolutions offered
for adoption on any particular legislative day. Should the
presiding officer exercise this prerogative, which shall be
called
a President's Prerogative, the presiding officer shall
direct the
Clerk to supply a list entitled President's
Prerogative
Resolutions which identifies by title all resolutions
proposed to
be adopted by a single vote. This list shall be
supplied to all
members prior to a vote on said
resolutions. The presiding officer
shall put the following
question: "Shall the resolutions listed
under the
President's Prerogative be adopted?" |
Rule 55. (Concurrent Resolutions, Agency Rule
Review.) The
Chairperson or
Vice-Chairperson of the Joint
Committee on
Agency
Rule Review shall offer under the ninth order of business
listed
in Rule 7, all concurrent resolutions recommended by that
committee for adoption by the Senate. The resolution shall be
offered within three Senate legislative days after the date
of
recommendation by the joint committee, and shall that day be
referred to the Committee on Rules, which
shall place the
resolution on the Senate calendar for consideration within twelve
calendar days; but the resolution shall be offered and taken
up
for consideration on an earlier legislative day if necessary
to
permit its adoption within the period of time specified by
section
119.03 of the Revised Code for invalidating a proposed
rule,
amendment, rescission, or any part thereof. |
Rule 56. (Resolutions, Preparation.) Upon adoption, all
Senate resolutions shall be prepared and authenticated by the
Clerk and signed by the President. The Clerk shall also provide
a
place on all death, commemorative, and congratulatory
resolutions
for signature of the senator whose name first appears
on the
resolution as author. |
Rule 57. (Senator Must Vote.) Every senator present when
the
question is put shall vote on the question unless excused by the
Senate. The Clerk shall
call the roll of the Senate in
alphabetical order with the
President called last.
The President
may direct
the Clerk to call the
President
Pro
Tempore first in
the call of
the roll. |
A request from any senator to be excused from voting must
be
made before the Senate divides or before the call of the roll
begins. |
Rule 58. (How Excused from Voting.)
Any senator
requesting
to be excused from voting may briefly explain the
reason for such
request, and the Senate shall pass upon the
request without
debate. |
Rule 59. (Explanation of Vote.) A member desiring to
explain
the member's vote shall make a request therefor,
before the Senate
divides or before the call of the yeas and nays is
commenced.
If
such request is granted by the Senate, such statement shall
not
consume more than two minutes of time. |
Rule 60. (Quorum Not Voting, Continue.) When fewer than a
quorum vote on any question, the President shall forthwith order
the roll of senators to be called. If a quorum be present as
shown
by answering to their names, or by their presence in the
Chamber,
the President shall again order the
roll to be called, and if any
senator is present the senator
shall be ordered to vote unless the
Senate shall have previously excused
the senator. |
Rule 61. (Senator Cannot Vote, When.) No senator shall
vote
upon any question while off the floor of the Senate, upon
any
question involving the senator's election
or the right to the
senator's seat, or vote upon any question
in contravention of the
Legislative Code of Ethics or in violation of
section 102.031 of
the Revised Code. |
Rule 62. (Division, When Taken.) After a vote is taken
viva
voce, if the President is undecided, or if a division is
demanded
by any senator before the result is announced, the
Senate shall
divide. Those voting in the affirmative shall arise
at the request
of the President and remain standing until counted
and the count
is announced; then those voting in the negative
shall arise and
remain standing until counted and the count is
announced. |
Rule 63. (House Amendments, Conference Reports.) The yeas
and
nays shall be called upon the question of concurring in
amendments
made by the House to all bills or
resolutions passed by the
Senate, and upon agreeing to the report
of conference committees,
except where amendment is to the title
only. |
Rule 64. (Only Clerks at Desk During Roll Call.) No
person,
other than the Clerk and the Clerk's
assistants, shall be
permitted at the Clerk's desk while the yeas and nays are
being
taken. |
Rule 65. (Verification of Vote.) After the roll has been
called, any senator may
demand a verification of the vote. The
Clerk shall read, first
the names of those senators voting in the
affirmative, then of
those voting in the negative, at which time
any senator, on
account of error or for any other reason, may
change his or her
vote; but no senator shall be permitted to
change his or her vote, as
recorded, after the roll call has been
verified and the results declared except by unanimous consent of
the Senate. A request by a senator for unanimous consent to change
the senator's vote must be made from the well of the Senate and
before the Senate proceeds to the next item within the same or
next order of business. |
Rule 66. (Senators Shall Address President.) When a
senator
desires to address the Senate or to make a motion, the
senator
shall arise and respectfully address "Mr.
President," and the
President shall recognize the senator and
may do so by announcing,
"The Senator from ................," naming
the District. |
A senator who wishes to question another senator shall, for
each
question, first request and receive the President's
permission to ask the question. No senator is required to answer
a
question put by another senator. |
Rule 67. (President Decides Who Shall Speak.) The prime
sponsor of a bill shall be recognized first. When two or more
senators seek recognition of the chair at the same time, the
President shall decide which senator shall speak first. No
senator
shall yield the floor to another senator without consent
of the
Senate. |
Rule 68. (How Often Senator May Speak.) No senator shall
speak more than twice on the same question except by leave of the
Senate or responding to the floor; and the senator speaking shall
confine the speech to the question under debate and
avoid
personalities. |
Rule 69. (May Read from Books, etc.) Any senator while
discussing a question may read, or cause to be read, from books,
papers, documents or any matter pertinent to the subject under
consideration for a period of five minutes without asking
leave.
Additional time may be granted by a majority vote of the
Senate. |
Rule 70. (Statement of Question.) Any senator may call
for a
statement of the pending question, whereupon the President
shall
restate the same. |
Rule 71. (Division of Question.) Any senator may call for
a
division of the question; the decision of the President as to
its
divisibility shall be subject to appeal as in questions of
order. |
Rule 72. (Questions of Order Decided by.) All questions
of
order shall be decided by the President without debate; such
decision shall be subject to appeal to the Senate by any three
senators, on which appeal no senator shall speak more than once,
unless by leave of the Senate; and the President may speak in
preference to the senators. |
Rule 73. (Senator May Be Called to Order.) If any
senator, in
speaking or otherwise, is transgressing the
Rules of the Senate,
the President shall, or any member may,
call the senator to order;
and the senator called to order
shall take the senator's seat
until the question of order is
decided. |
Rule 74. (If Called to Order.) If the decision be in
favor of
a senator called to order, the senator shall be at
liberty to
proceed; if otherwise, the senator shall not be permitted to
proceed without further leave of the Senate. |
Rule 75. (When Motions Must Be in Writing.) Whenever an
amendment is offered to any bill or resolution under
consideration, or any amendment to such an amendment, the senator
proposing the same shall reduce it to writing and send it to the
Clerk's desk. Amendments prepared and distributed in advance of
their offering shall identify the bill or resolution sought to be
amended and the name of the senator proposing to amend; when a
senator prepares more than one amendment to the same bill or
resolution, the amendments shall be numbered
sequentially. Unless
objection is waived, debate shall cease
until all members are
supplied with copies of amendments offered
on the floor. |
Rule 76. (Precedence of Motions.) Except as otherwise
provided in Rule 81, motions shall take
precedence in the
following order: |
5. The previous question. |
6. To proceed to the orders of the day. |
7. To postpone to a time certain. |
10. To postpone indefinitely. |
11. To discharge a committee. |
Rule 77. (Decided Without Debate.)
The following questions
shall be decided without debate: |
5. The previous question. |
6. To go into committee of the whole on orders of the day. |
7. All questions relating to the priority of business. |
Rule 78. (Motions, Statement and Withdrawal.) When a
motion
is made the question shall be stated by the President; or,
being
in writing, it may be read to the Senate by the President
or
Clerk. After a motion is stated or read by the President, or
read
by the Clerk, it shall be deemed to be in the possession of
the
Senate, but may be withdrawn, by leave of the Senate, at any
time
before a decision or amendment. |
Rule 79. (Previous Question, How Put.) A motion for the
previous question shall be entertained only upon the demand of
three senators. The President shall put the question in this
form:
"The question is, 'Shall the debate now
close?'" A majority vote
of the Senate shall be required to
carry the previous question,
and until decided it shall preclude
further debate and all
amendments and motions. |
Rule 80. (Action after Previous Question.) After the
demand
for the previous question has been sustained no call or
motion
shall be in order, but the Senate shall be brought to an
immediate
vote. |
Rule 81. (Reconsideration, How and When.) A motion to
reconsider a vote may be made only by a senator who voted with
the
prevailing side, and such motion, to be in order, must be
made
within the next two legislative days of the Senate after
such vote
is taken. A motion to reconsider shall take precedence
over all
questions except a motion to adjourn, and may be called
up at any
time in the appropriate order of business after
disposal of
pending questions. |
Rule 82. (Vote Necessary on Reconsideration.) The vote on
any
question other than the previous question may be reconsidered
by a
majority of those voting, a quorum being present, except
when a
bill or resolution has been declared lost, in which case
the
motion shall not prevail unless it receives the number of
affirmative votes which would be required to pass such a bill or
resolution. |
Rule 83. (One Reconsideration Only.) A motion to
reconsider,
having been decided, shall not again be entertained
unless the
question has been changed in form by amendment. |
Rule 84. (Reconsideration, Motion
Postponed.) Consideration
of a motion to reconsider may be
postponed to a time certain or
left pending. However, if a
motion to reconsider is not called up
within thirty days
after it was made, the motion is deemed lost. |
Rule 85. (Procedure on Reconsideration.) A motion to
reconsider action on a bill, joint resolution, or other paper
that
may have gone out of possession of the Senate shall be
entertained
if made within the time specified in Rule 81;
such motion to
reconsider shall be regarded as an order to the Clerk
to request
the House to return the bill, joint resolution, or
other paper,
but the Senate may vote on the motion to reconsider
without
waiting for the return to the Senate of such bill, joint
resolution, or other paper, and the President shall state the
question: "Shall the vote be reconsidered?" Action on
the bill,
joint resolution, or other paper, the vote on which has
been
reconsidered, may not be taken until such bill, joint
resolution,
or other paper has been returned and is in possession
of the
Senate. |
Rule 86. (Effect of Tabling Motion to Reconsider.) When a
motion to reconsider is laid upon the table it shall not carry
the
bill or resolution with it; nor shall a motion to
reconsider
be
reconsidered. |
Rule 87. (To Postpone.) A motion to postpone to a time
certain, or indefinitely, being decided, shall not again be
allowed at the same stage of the question. |
Rule 88. (Indefinitely Postponed, Effect.) If a motion to
indefinitely postpone a bill or resolution be carried, such bill
or resolution shall be declared lost. If a Senate bill or
resolution is defeated or indefinitely postponed in the Senate it
shall not be reintroduced during either annual session of the
same
General Assembly. |
Rule 89. (Postpone to Time Certain.) A bill or resolution
postponed to a time certain shall not be considered at an earlier
time, except upon the vote of three-fifths of the senators
elected. |
Rule 90. (To Informally Pass.) A motion to informally
pass
a
bill or resolution may be made at any time prior to the taking
of
the roll call. |
Rule 91. (Recess and Adjournment.) The interim between any
two sessions
of the Senate on the same day shall be termed a
recess, and on
the reassembling at the appointed hour any question
pending at
the time of taking such recess shall be resumed without
a motion
to that effect; and unless the Senate shall otherwise
order by
resolution or motion, the hour to which it shall adjourn
shall be
half past one p.m. the succeeding day; and the hour to
which it shall recess shall be stated in the motion. |
Rule 92. (Motion to Adjourn in Order, When.) A motion to
adjourn shall be in order at any time, except while a member is
addressing the Senate, or while a vote is being taken, but cannot
be made except by a senator who has been recognized by the
President, and being decided in the negative shall not again be
entertained until some motion, call, or order shall have been
acted upon. |
Rule 93. (If under Consideration When
Adjourned.) A bill
or
resolution under consideration when adjournment is taken shall
be,
when its order of business on the succeeding day is reached,
the
first question before the Senate in that order of business,
except
as otherwise provided by the Committee
on Rules. |
Rule 94. (Rules Altered, How.) These rules shall not be
altered except after due notice of the intention of alteration;
and no rule shall be altered, except by a three-fifths vote of
the
senators elected. Any of these rules may be suspended by a
three-fifths vote of the members elected, excepting rules which
specifically require otherwise. |
Rule 95. (Parliamentary Guide.) Mason's Manual of
Legislative
Procedure (2000 edition) shall be used by the Senate
as authority
in all cases not provided for in the Senate
Rules or the Joint
Rules of the Senate and House of Representatives, if
any. |
Rule 96. (Committee on Rules.) The standing
Committee on
Rules shall have the power to
prescribe the order of business of
the Senate and shall arrange and post the calendar at least
one
calendar day in advance, so that all matters shall appear
thereon
for the consideration of the Senate with reference to
their
importance. Measures expected to be reported by committee
may be
placed conditionally on the calendar for consideration by
the
Senate in the regular order of business, and may be carried
over
to a succeeding legislative day, subject to favorable action
by
committee. In a case of necessity, the
Chairperson of the
Committee
on Rules may call a special meeting upon proper
notice
to add
a bill to the calendar upon a majority vote. One
day's
notice
shall not be required for calendars during the first week
after an adjournment of more than five calendar days. |
Rule 97. (Executive Appointments.) When executive
appointments are received by the Senate they shall, unless the
Senate otherwise orders, be referred to the
Committee on Rules.
The
Committee on Rules may refer the appointments to another
committee. |
Rule 98. (Yeas and Nays, Appointments.) The yeas and nays
shall be called upon advising and consenting to an executive
appointment. Failure of the question to receive the concurrence
of
a majority of the senators elected constitutes refusal of the
Senate to advise and consent to the appointment. The Senate may
advise and consent to two or more appointments by a single roll
call vote. When a committee to which an appointment has been
referred recommends its rejection, or when a senator demands that
an appointment be separately considered, the question of its
approval shall not be included in a single roll call vote
affecting more than one appointment, but the yeas and nays shall
be separately called on the question of advising and consenting
to
such an appointment. When two or more appointments are made
the
subject of a single roll call vote, the failure of the
question to
receive the concurrence of a majority of the senators
elected
shall not constitute refusal to advise and consent to the
appointments, but in such case the yeas and nays shall then be
separately called on the question of advising and consenting to
each appointment. |
Rule 99. (Clerk Shall Keep Index to Bills, etc.) The
Clerk
shall keep an index record of all bills and resolutions
introduced
in the Senate regardless of the house of origin,
showing the
number, title,
and author of each measure, the section
sought to
be amended,
enacted, or repealed, and the subject or
matter
affected
thereby. The Clerk may call upon the staff
of the Ohio
Government Telecommunications to
produce a video of all Senate
voting sessions. Such
video shall be
accessible as provided by
law and the rules of the Ohio Government
Telecommunications
Programming Committee. |
Rule 100. (Duties of Clerk.) The distribution and receipt of
bills,
resolutions, reports, messages from the House and from any
branch of the executive or judicial department of the State, and
all other documents belonging to the
Senate shall be under the
direction and control of the Clerk.
All records kept by the Clerk
are governed by the records retention schedule adopted by the
Clerk. The property and premises of the Senate shall also be under
the
direct supervision of the Clerk. |
When the Clerk is
required to print a bill, resolution,
report, or other document
belonging to the Senate, the
Clerk may
use any method of printing contemplated by sections
101.51 to
101.524 of the Revised Code. |
The Senate by resolution shall
prescribe the powers and
duties of the Chief of Staff and
Clerk. |
In case of the death or resignation of the Clerk, the
President may designate any individual to perform the Clerk's
duties until such time as the Senate, by vote, fills the vacancy. |
Rule 101. (Use of Senate Chamber.) The use of the Senate
chamber shall not be granted at any time, by resolution or
otherwise, for any purpose other than legislative purposes, except
by
consent of two-thirds of the members elected. At no time shall
food or beverages be allowed in the Senate chamber. |
Rule 102. (Use of
Committee
Rooms.) A person who wishes to
use a Senate committee room for
a purpose other than a meeting of
a committee, subcommittee, or
other official Senate business
shall
not do so without obtaining the
Clerk's prior approval. In
requesting the Clerk's
approval, the person shall inform the
Clerk
of the committee room the
person wishes to use and the time and
purpose of the proposed
use. Senate committee rooms may be used
for only appropriate
purposes. At no time shall food or beverages
be allowed in Senate committee rooms unless otherwise authorized
by the Clerk. |
Rule 103. (Who Admitted in Chamber, Members' Lounge.) During
the daily
sessions of the Senate, no person shall be admitted
within the
railing except members of the two houses, their
officers and
employees in the performance of their duties, or
persons charged
with messages or papers to the Senate; clergy, by
invitation of the President; the Governor of this or any other
state; and
representatives of newspapers or legislative
information services
who have been granted the privileges of the
Senate
by the President. When
the Senate is not in session,
only
senators and their guests and officers and employees of the
Senate
in the performance of
their duties are permitted within the
railing without the
President's permission. |
During the daily sessions of the Senate, no person shall be
admitted in the Members' Lounge except members of the Senate and
officers or employees of the Senate in the performance of their
duties. The Sergeant-at-Arms shall strictly enforce this rule. |
Rule 104. (Posters, Placards, Banners and Signs.) No poster,
placard, banner, sign or other similar material shall be carried
into the Senate Chamber or committee or meeting rooms of the
Senate by any person, and no person shall attach or affix any
poster, placard, banner, sign or other similar material to the
doors, walls, rails, seats or banisters of the Senate Chamber or
committee or meeting rooms of the Senate. The Sergeant-at-Arms
shall strictly enforce this rule. |
Rule 105. (Applause, Outbursts or Demonstrations.) No
applause, outburst or other demonstration by any spectator shall
be permitted during a session of the Senate and during any meeting
of a committee. |
Rule 106. (Distribution of Printed Materials.) No general
distribution of printed material to the members of the Senate
shall be permitted in the Senate Chamber during the daily sessions
of the Senate unless authorized by a senator or the Clerk. The
printed material shall bear the name of the person authorizing its
distribution. The Sergeant-at-Arms shall strictly enforce this
rule. |
Rule 107. (Cellular Telephones and Pagers, Prohibitions.) The
use of a cellular telephone, audible pager, or any other audible
wireless electronic telecommunication device is prohibited during
sessions of the Senate and during any meeting of a committee. |
Rule 108. (Press Privileges, How
Obtained.) Representatives
of the press desiring the privileges
of the press area of the
Senate floor shall make application to
the President of the Senate
and shall state in writing for what
paper or papers or legislative
information services, magazines, or their affiliates they are
employed; and shall further state that they are not engaged in
the
prosecution of claims pending before the
General Assembly and will
not become so engaged while
allowed the privileges of the
floor;
and that they are not in any sense the agents or
representatives
of persons or corporations having legislation
before the General
Assembly,
and will not become either while
retaining their
privileges. Visiting newspaper writers and
editors may be allowed,
temporarily, the privileges herein
mentioned, but they must
conform to the restrictions prescribed. |
The application required by the above rule shall be
authenticated in a manner that shall be satisfactory to the
Executive Committee of the Ohio Legislative Correspondents'
Association, who shall see that the privileges of the floor be
granted to
representatives of the press association serving
newspapers of
general circulation, bona fide correspondents of
reputable
standing in their profession who represent newspapers of
general
circulation or magazines, or representatives of daily
legislative information
services of known standing and integrity,
or their affiliates; organized for that one
purpose and not
controlled by or connected with an association,
firm, corporation,
or individual representing any trade,
profession, or other
commercial enterprise, and which have been
in continuous and bona
fide operation for such a period of years
immediately prior to the
date of making application for floor
privileges as will have made
possible the establishment of a
reputation for honesty and
integrity; and it shall be the duty of
the Executive Committee
of
the Ohio Legislative Correspondents' Association, at its
discretion, to
report violations of the privileges herein granted,
to the
Committee on Rules. |
Rule 109. (Representative of Radio and Television
Stations
and Broadcasting Networks, How Admitted.) Representatives of
radio
and television stations and broadcasting networks desiring
the
privileges of the radio and television area of the Senate
floor
shall make application to the President, and shall state,
in
writing, by what stations or broadcasting network they are
employed; and further shall state that they are not engaged in
the
promotion of legislation or the prosecution of claims pending
before the General Assembly,
and will not become so engaged while
allowed the privileges of the floor; and that they are not in any
sense, the agents or representatives of persons or corporations
having legislation before the General
Assembly, and will not
become either while retaining their privileges. Visiting
correspondents and editors may be allowed, temporarily, the
privileges herein mentioned, but they must conform to the
restrictions prescribed. |
The application required by the above rule shall be
authenticated in a manner that shall be satisfactory to the Radio
and Television Correspondents'
Association
of Ohio. It shall be
the duty of the Radio and Television
Correspondents' Association
of Ohio to see that the privileges
of the
floor shall be granted
only to the representatives of stations
and broadcasting networks
serving radio and television stations,
or networks serving such
radio and television stations as have
been duly licensed by the
Federal Communications Commission. It
shall be the duty of the
Radio and Television Correspondents'
Association of Ohio, at their
discretion, to report
violations of the privileges herein granted
to the President.
Persons whose chief attention is not given to
radio and
television broadcasting shall not be entitled to the
privileges
of the floor. |
Rule 110. (Privileges, How Revoked.) Upon complaint that
any
person has abused the privileges granted the person
under Rule 108
or 109, such complaint
shall be
submitted to the standing
Committee on Rules
for investigation, and such Committee shall
notify the person so charged of the time and place for hearing,
and if such accusation be sustained, such person or persons, upon
the report of the Committee, shall be
debarred from the
privileges
theretofore granted. |
Rule 111. (Filming or Taping of the Senate.) Filming,
video
taping, or audio taping during the legislative session
shall be
done under the conditions designated by the President of the
Senate. |
Taping or filming of a member or members of the Senate in
the
Senate chamber or in committee rooms when
the Senate is not in
session is permissible with the prior consent of all
members
taped
or filmed and with the prior notification of the Clerk. |
Taping or filming of sessions of committees of the Senate
is
permissible with the prior consent of the
chairperson of the
committee involved. Such approved filming
or taping may be for
specific time periods set by the
chairperson, if such taping or
filming interferes with the orderly
procedure of the hearing. |
Rule 112. (Letters of Commendation, etc.) When requested
by
any member of the Senate, the President of the Senate may, on
behalf of the Senate, in its name and in the
President's
discretion, sign letters or simple resolutions
conveying messages
of commendation,
congratulation, recognition, and condolence to
persons or organizations
named in such request. |
The President of the Senate shall keep a record of the
disposition of all such letters or simple resolutions, which
record shall be open for inspection by any member of the Senate. |
Rule 113. (Use of the Senate Coat of Arms.) Use of the Senate
Coat of Arms shall be limited to members of the Senate, employees
of the Senate in the performance of their duties, the Chief of
Staff of the Senate and the Clerk. No other person shall use or
permit to be used any reproduction or facsimile of the Senate Coat
of Arms or a counterfeit or non-official version of the Senate
Coat of Arms for any purpose not authorized by the Clerk. |
Rule 114. (Application to 128th129th General Assembly.) The
Rules
of the Senate for the 127th128th General Assembly shall be
effective
until the Senate of the 128th129th General Assembly
adopts Rules of the
Senate for the 128th129th General Assembly. |
|
|