RULES OF THE SENATE

 

129th

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.

7. Motions.

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.

 

COMMITTEES

 

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 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 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 and Reference. 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.

 

BILLS

 

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 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 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 and Reference.

 

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 and Reference, 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 and Reference.

 

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.

 

AMENDMENTS

 

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.

 

RESOLUTIONS

 

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 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.

 

VOTING

 

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.

 

DECORUM AND DEBATE

 

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.

 

MOTIONS

 

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:

 

1. To informally pass.

2. To adjourn.

3. To take a recess.

4. To lay on the table.

5. The previous question.

6. To proceed to the orders of the day.

7. To postpone to a time certain.

8. To commit.

9. To amend.

10. To postpone indefinitely.

11. To discharge a committee.

 

Rule 77. (Decided Without Debate.) The following questions shall be decided without debate:

 

1. To informally pass.

2. To adjourn.

3. To take a recess.

4. To lay on the table.

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.

 

PREVIOUS QUESTION

 

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.

 

RECONSIDERATION

 

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.

 

POSTPONEMENT

 

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.

 

RECESS AND ADJOURNMENT

 

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 and Reference.

 

OF THE 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 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 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.

 

DUTIES OF OFFICERS

 

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.

 

PRIVILEGES

 

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 and Reference.

 

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 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.

 

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 130th General Assembly.) The Rules of the Senate for the 129th General Assembly shall be effective until the Senate of the 130th General Assembly adopts Rules of the Senate for the 130th General Assembly.