130th Ohio General Assembly
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S. R. No. 17  As Introduced
As Introduced

129th General Assembly
Regular Session
2011-2012
S. R. No. 17


Senator Faber 



A RESOLUTION
To amend Senate Rules 20, 21, 27, 35, 37, 40, 42, 53, 54, 55, 93, 96, 97, 108, and 110 to change references to the Committee on Rules, and references to the Committee on Reference, to apply to the Committee on Rules and Reference.


BE IT RESOLVED BY THE SENATE OF THE STATE OF OHIO:

       That Senate Rules 20, 21, 27, 35, 37, 40, 42, 53, 54, 55, 93, 96, 97, 108, and 110 be amended to read as follows:

       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 and Reference. Authorization by the Committee on Rules and Reference shall be signed by the Chairperson of the Committee on Rules and Reference.

       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 and Reference. 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 and Reference.

       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 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 and Reference. A record of motions and the votes thereon shall be kept by the committee.

       Rule 35. (Bills, Second Consideration and Committee on Rules and Reference, Public Hearing.) On the second reading of a bill, the Committee on Rules and 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 Rules and 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 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 and Reference.

       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 and Reference, pursuant to Rule 96.

       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 and Reference.

       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 and Reference. 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 Rules and Reference, except as provided in Rules 53 and 55. If so referred, the Committee on Rules and 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 Rules and Reference. If so referred, the Committee on Rules and 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 and Reference, 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 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 and Reference.

       Rule 96. (Committee on Rules and Reference.) The standing Committee on Rules and Reference 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 and Reference 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.

EXECUTIVE APPOINTMENTS

       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 and Reference. The Committee on Rules and Reference may refer the appointments to another 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 and Reference.

       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 and Reference 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.

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