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S. R. No. 6 As Adopted by the Senate
As Adopted by the Senate
129th General Assembly | Regular Session | 2010-2011 |
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Cosponsors:
Senators Stewart, Patton, Wagoner, Lehner, Daniels
A RESOLUTION
| To adopt Rules of the Senate for the 129th General
Assembly.
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BE IT RESOLVED BY THE SENATE OF THE STATE OF OHIO:
RESOLVED, That the following are the Rules of the Senate for
the 129th General Assembly: |
128th 129th GENERAL ASSEMBLY
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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
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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
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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 a 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, the
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 129th130th General Assembly.) The
Rules of the Senate for the 128th129th General Assembly shall be
effective until the Senate of the 129th130th General Assembly
adopts Rules of the Senate for the 129th130th General Assembly. |
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