RULES OF THE SENATE
130th 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 members to standing committees and any standing subcommittees. The
President may appoint senators who are not members of a standing committee to a
standing subcommittee of that committee. 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.
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 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 99.
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.
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. 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.
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. (Roll May Remain Open.) At the discretion of the President,
the roll may remain open for a vote by any senator who was not present when the
roll was called, but the roll may remain open only until the Senate adjourns
for the day.
Rule
62. (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
63. (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
64. (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
65. (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
66. (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
67. (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
68. (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
69. (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
70. (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
71. (Statement of Question.) Any senator may call for a statement
of the pending question, whereupon the President shall restate the same.
Rule
72. (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
73. (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
74. (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
75. (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
76. (Personal Privilege.) A senator may file with the Clerk a
form requesting to rise and explain a matter personal to the senator. Upon the
request of the senator, the President may instruct the Clerk to make note of
the point of personal privilege in the Journal. The Clerk shall prescribe a
form for the request that includes a space for the senator to indicate whether
the senator wishes the point of personal privilege to be noted in the Journal.
MOTIONS
Rule
77. (When Motions Must Be in Writing.) All amendments must be in
writing. Except for an amendment to a bill or resolution that was placed on the
calendar for consideration not more than twenty-four hours in advance of the
voting session, 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 submit it to the Clerk not less than ninety minutes before the beginning
of the voting session at which the amendment is to be offered, unless a
majority of the Senate votes to waive the deadline. 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
78. (Precedence of Motions.) Except as otherwise provided in Rule
83, 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
79. (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
80. (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
81. (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
82. (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
83. (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
84. (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
85. (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
86. (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
87. (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 83; 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
88. (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
89. (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
90. (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
91. (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
92. (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
93. (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
94. (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
95. (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.
OF THE RULES
Rule
96. (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
97. (Parliamentary Guide.) Mason's Manual of Legislative
Procedure ( 2010 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
98. (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.
EXECUTIVE APPOINTMENTS
Rule
99. (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
100. (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
101. (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
102. (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
103. (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
104. (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
105. (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
106. (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
107. (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
108. (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
109. (Mobile Telephones, Prohibitions.) The use of a mobile
telephone or any other audible wireless electronic telecommunication device is
prohibited during sessions of the Senate and during any meeting of a committee.
Rule
110. (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
111. (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
112. (Privileges, How Revoked.) Upon complaint that any person
has abused the privileges granted the person under Rule 110 or 111, 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
113. (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
114. (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
115. (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
116. (Application to 131st General Assembly.) The Rules of the
Senate for the 130th General Assembly shall be effective until the Senate of
the 131st General Assembly adopts Rules of the Senate for the 131st General
Assembly.