Rule 1. (Time of sessions; schedule.) (a) For the months of | 8 |
January through June in each year, and separately for the months | 9 |
of July through December in each year, the Speaker, at the | 10 |
beginning of each six-month period, shall establish a schedule of | 11 |
dates and times according to which the House shall hold sessions | 12 |
and at which roll call votes are taken. The Speaker may revise or | 13 |
supplement the schedule as necessary. The schedule and any | 14 |
revision or supplement thereto shall be published and a copy | 15 |
provided to each member.
| 16 |
Rule 2. (Speaker or presiding officer to call House to | 21 |
order.) The Speaker or presiding officer shall take the chair | 22 |
every day precisely at the hour to which the House shall have | 23 |
adjourned or shall have taken a recess, and shall immediately call | 24 |
the House to order. Prayer may be offered, the pledge of | 25 |
allegiance to the United States of America shall be recited, and, | 26 |
a quorum being present, the House shall proceed with the order of | 27 |
business. A majority of all members elected must be present to | 28 |
constitute a quorum to do business; but a smaller number may meet | 29 |
and adjourn from time to time, a presiding officer being present, | 30 |
and shall have the power to compel the attendance of absent | 31 |
members.
However, in no event may business be conducted unless a | 32 |
member of the majority party is present. | 33 |
Rule 7. (Adjournment.) A motion to adjourn always shall be in | 62 |
order, except during roll call. When a motion is made to adjourn, | 63 |
it shall be in order for the presiding officer, before putting the | 64 |
question, to state any fact to the House relating to the condition | 65 |
of the business of the House which would seem to make it advisable | 66 |
or inadvisable to adjourn at that time. Such statement, however, | 67 |
shall not be debatable.
It is not in order for the House to | 68 |
adjourn unless the presiding officer is in the chair. | 69 |
(c) Signs, banners, placards, and other similar demonstrative | 98 |
devices are not permitted in the Hall or in the galleries, lobby, | 99 |
rooms, or hallways adjacent to the Hall unless the Speaker or | 100 |
presiding officer, or, if the House is not in session, the Clerk, | 101 |
has approved their use in those places.
| 102 |
Rule 13. (Appointment of committees and boards.) (a) The | 110 |
Speaker shall name all committees and subcommittees, and shall | 111 |
appoint all members and chairmen thereto. The Speaker shall | 112 |
appoint members to a standing committee so that its membership is | 113 |
proportional to the partisan composition of the House. The | 114 |
chairman and the vice-chairman of the Finance and Appropriations | 115 |
Committee shall not be included in making this calculation. The | 116 |
Minority Leader, in a manner to be determined by the minority | 117 |
caucus, may recommend for the Speaker's consideration minority | 118 |
party members for each committee.
| 119 |
(b) The Speaker shall employ all employees of the House and | 129 |
shall see that they satisfactorily perform their respective | 130 |
duties. All employees of the House are at will employees, and | 131 |
shall serve at the pleasure of the Speaker. A terminated | 132 |
employee's compensation ceases on the day the termination takes | 133 |
effect. The Speaker shall define House employment positions, shall | 134 |
prescribe the qualifications that are to be met by House | 135 |
employees, and shall prescribe the duties of House employees, fix | 136 |
their hours of employment, and determine their compensation. The | 137 |
Speaker shall notify the Minority Leader before terminating an | 138 |
employee who is assigned to the minority caucus.
| 139 |
Rule 15. (Signing acts, resolutions, etc.) The Speaker shall | 140 |
certify that every bill passed, resolution,and every joint | 141 |
resolution, or concurrent resolution passedadopted, by both | 142 |
houses of the General Assembly has met the procedural requirements | 143 |
for passage or adoption by signing such bills, resolutions, joint | 144 |
resolutions, or concurrent resolutions; and all writs, warrants, | 145 |
and subpoenas issued by order of the House shall be under the | 146 |
Speaker's hand attested by the Clerk, except when otherwise | 147 |
provided by law.
| 148 |
Rule 21. (Distribution of House documents.) The Clerk shall | 180 |
have charge of and regulate the distribution of all printed | 181 |
records and reports of the House, and shall have supervision of | 182 |
the printing of all documents and papers ordered by the House as | 183 |
specified in Rule 25 and in section 101.52 of the Revised Code. | 184 |
The number of copies of bills, journals, and other documents to be | 185 |
printed shall be determined by the Clerk with the approval of the | 186 |
Speaker, except when the House by motion determines the number.
| 187 |
Rule 22. (Legislative duties and responsibilities of the | 188 |
Clerk.) (a) The Clerk is custodian of the bills, amendments, | 189 |
resolutions, and other legislative documents that are in | 190 |
possession of the House. The Clerk shall not permit a bill, | 191 |
amendment, resolution, or other legislative document to be removed | 192 |
from the Clerk's custody except in the course of the regular | 193 |
business of the House and then only upon receiving a receipt for | 194 |
the document that shows when and to whom the document was | 195 |
released. The Clerk shall prescribe the form of the receipt. A | 196 |
bill, amendment, resolution, or other legislative document in the | 197 |
Clerk's custody is available for public inspection.
| 198 |
(b) When a bill or resolution is filed for introduction, the | 199 |
Clerk shall examine the bill or resolution to determine whether on | 200 |
its face it appears to meet the constitutional and procedural | 201 |
requirements for introduction, and shall call any defects to the | 202 |
attention of the author. In fulfilling this duty, the Clerk is not | 203 |
presumed to guarantee the bill meets the constitutional or | 204 |
procedural requirements for introduction.
| 205 |
(c) The Clerk shall number bills and resolutions in the order | 206 |
of their filing, and shall keep a complete and accurate record of | 207 |
bills and resolutions that includes, for each bill or resolution, | 208 |
its number; its author; a brief description of its subject; the | 209 |
section or sections of law it seeks to amend, enact, or repeal, if | 210 |
any; notation of its reference to and report by a committee; and | 211 |
notation of its passage or adoption or rejection by the House. The | 212 |
record is open to public inspection.
| 213 |
(f) The Clerk shall keep a complete and accurate Journal of | 224 |
the proceedings of the House, beginning it on the first day of the | 225 |
first regular session and ending it on the last day of the second | 226 |
regular session. The Clerk shall maintain a separate Journal for | 227 |
any special session, beginning it on the first day and ending it | 228 |
on the last day of the special session. The pages of the Journal | 229 |
shall be numbered serially. All amendments that are taken up, | 230 |
unless withdrawn, shall be spread upon the Journal.
| 231 |
Rule 23. (May call the House to order.) If the Speaker, | 238 |
Speaker Pro Tempore, Majority Floor Leader, and Assistant Majority | 239 |
Floor Leader are absent, at the hour to which the House shall have | 240 |
adjourned or taken recess, except in the case mentioned in Rule | 241 |
12, the Clerk may call the House to order, and, if called to | 242 |
order, the House shall proceed to choose some member to act as | 243 |
presiding officer until either the Speaker, Speaker Pro Tempore, | 244 |
Majority Floor Leader, or the Assistant Majority Floor Leader | 245 |
shall be present. No business may be conducted unless a member of | 246 |
the majority party is present. | 247 |
Rule 26. (Sergeant-at-arms.) (a) The Sergeant-at-arms shall | 260 |
be the chief police officer of the House and shall be responsible | 261 |
to the Speaker. Subject to Rules 9, 11, and 109, the | 262 |
Sergeant-at-arms shall maintain good order in the Hall, gallery, | 263 |
corridors, and committee rooms; shall strictly enforce the rules | 264 |
regulating admission of persons to the floor of the House; shall | 265 |
maintain good order in the corridors, committee rooms, offices, | 266 |
and other areas under the exclusive use and control of the House | 267 |
in the Vern Riffe Center; shall serve all subpoenas and warrants | 268 |
issued by the House or any duly authorized officer or committee; | 269 |
and on an order for a call of the House, shall forthwith proceed | 270 |
to arrest and bring members into the House.
| 271 |
Rule 27. (Death or resignation of Clerk, Deputy Clerk, Chief | 276 |
Administrative Officer, or Sergeant-at-Arms.) In the case of the | 277 |
death or resignation of the Clerk, Deputy Clerk, Chief | 278 |
Administrative Officer, or Sergeant-at-Arms, the Speaker may | 279 |
designate any individual to perform such duties until such time as | 280 |
the House fills the vacancy.
| 281 |
(c) The Speaker, the Speaker Pro Tempore, and the minority | 364 |
leader shall, by virtue of their office, be members of all | 365 |
committees without voting privileges, except in those committees | 366 |
where they are designated as regular members. The minority leader | 367 |
may designate the assistant minority leader to be a member of a | 368 |
committee without voting privileges in the minority leader's | 369 |
absence, except for those committees where the assistant minority | 370 |
leader is designated as a regular member. They shall not be | 371 |
counted in determining the number constituting a majority on the | 372 |
various committees unless they are designated as regular members.
| 373 |
Rule 33. (Subpoena power.) (a)(1) The chairman of a House | 389 |
standing or select committee, when authorized by a majority vote | 390 |
of the standing or select committee, may subpoena witnesses in any | 391 |
part of the state to appear before such committee at a time and | 392 |
place designated in the subpoena to testify concerning any pending | 393 |
or contemplated legislative action, any matters of inquiry | 394 |
committed to the committee, and any alleged breach of the House's | 395 |
privileges or misconduct by any of the House's members. Pursuant | 396 |
to this subpoena power, any witness subpoenaed may be ordered to | 397 |
produce books, papers, or records and other tangible evidence.
| 398 |
(b) Within the limits of its charge by the General Assembly | 403 |
or the House and in accordance with section 101.81 of the Revised | 404 |
Code, the chairman of a standing or select committee, by majority | 405 |
vote of the committee, may order any person to appear before the | 406 |
committee and produce books, papers, and other tangible evidence | 407 |
for the committee with respect to any pending or contemplated | 408 |
legislative action, or any alleged breach of House privileges or | 409 |
misconduct by House members. The chairman shall file the order | 410 |
with the Clerk, who shall cause the same to be entered in the | 411 |
Journal. The order shall be served in accordance with section | 412 |
101.81 of the Revised Code.
| 413 |
Rule 34. (Schedule of committee meetings.) The Speaker, after | 419 |
consultation with the chairmen of the several committees, shall | 420 |
set a schedule of times when regular committees shall meet, which, | 421 |
in so far as possible, shall permit a full attendance of the | 422 |
members of committees, without conflict of committee engagements. | 423 |
Such regular schedule shall be announced publicly on the House | 424 |
bulletin board and in the printed Calendar, and each committee | 425 |
shall meet at the hour provided by the schedule, unless otherwise | 426 |
ordered by the chairman of said committee or by the Speaker.
| 427 |
Rule 36. (Notice of meetings; none during daily session of | 433 |
House.) (a) The chairman of a standing committee, subcommittee, | 434 |
select committee, or joint committee, not later than five days | 435 |
before a meeting of the committee, subcommittee, select committee, | 436 |
or joint committee, shall give due notice of the meeting. The | 437 |
notice shall identify the committee; identify the chairman; state | 438 |
the date, time, and place at which the meeting will be held; and | 439 |
set forth an agenda showing each bill, resolution, or other matter | 440 |
that will be considered at the meeting.
| 441 |
(b) It is not in order for a committee to meet at a date, | 442 |
time, or place, or to consider any bill, resolution, or other | 443 |
matter at a meeting, other than as stated in the notice of the | 444 |
meeting, unless otherwise ordered by the House or the committee. | 445 |
If, however, an emergency requires consideration of a matter at a | 446 |
meeting, and the matter has not been stated in the notice of the | 447 |
meeting, the chairman may revise or supplement the notice at any | 448 |
time before or during the meeting to include the matter and the | 449 |
matter may then be considered as the emergency requires.
| 450 |
Rule 37. (Public hearing required.) (a) All House bills and | 456 |
resolutions introduced on or before the fifteenth day of May in an | 457 |
even-numbered year, and in compliance with the rules of the House, | 458 |
shall be referred to a standing, select, or special committee or | 459 |
standing subcommittee, and shall be scheduled by the chairman of | 460 |
the committee for a minimum of one public hearing.
| 461 |
Rule 39. (Synopsis of substitute bill required.) Whenever a | 473 |
substitute bill is accepted by a committee or subcommittee for | 474 |
consideration, the staff of the Legislative Service Commission | 475 |
shall prepare and make available to the committee or subcommittee, | 476 |
a synopsis that summarizes each substantive difference between the | 477 |
substitute bill and the preceding version of the bill, and a | 478 |
synopsis that summarizes the difference in fiscal impact between | 479 |
the substitute bill and the preceding version of the bill. The | 480 |
staff of the Legislative Service Commission shall make these | 481 |
synopses available to the committee before the committee or | 482 |
subcommittee votes on the bill, unless the committee or | 483 |
subcommittee orders otherwise.
| 484 |
Rule 40. (Fiscal analysis; committee vote required.) (a) | 485 |
Before the vote on reporting a bill is taken by a committee, the | 486 |
staff of the Legislative Service Commission shall make available | 487 |
to the committee chairman, who shall make available to all members | 488 |
of the committee, for their review, a fiscal impact statement that | 489 |
addresses the impact of the bill upon state and local government. | 490 |
This requirement applies to a bill only if section 103.143 of the | 491 |
Revised Code also applies to the bill. This requirement is | 492 |
cumulative with respect to section 103.143 of the Revised Code; | 493 |
however, a local impact statement prepared under that section may | 494 |
be used also to fulfill the requirement of this rule in whole or | 495 |
in part.
| 496 |
(b) The affirmative votes of a majority of all members | 497 |
constituting a committee shall be necessary to report a bill or | 498 |
resolution out of committee, and a record of every vote shall be | 499 |
kept by the committee. The affirmative vote of a majority of all | 500 |
the members constituting the committee shall be necessary to agree | 501 |
to any motion to recommend for passage or to postpone indefinitely | 502 |
further consideration of bills or resolutions, and a record of | 503 |
such vote shall be kept by the committee. Every member present | 504 |
shall vote unless excused by the committee.
| 505 |
Rule 41. (Voting; consecutive absences; incurrences of | 506 |
expense.) (a) No proxy vote shall be valid. Nor shall any member | 507 |
vote except while sitting in committee in actual session, unless | 508 |
the member shall have first been present and recorded as such | 509 |
during actual session before the vote is taken, and by motion the | 510 |
roll call on a motion to recommend a bill or resolution for | 511 |
passage is continued for a vote by any member who is temporarily | 512 |
absent from the meeting until the adjournment thereof, which shall | 513 |
be not later than 12:00 o'clock noon one day following the | 514 |
committee meeting. It is not in order for a member to vote on an | 515 |
amendment unless the member is actually present when the amendment | 516 |
is voted upon.
| 517 |
Rule 42. (Amendments.) Any paragraph, except one which | 524 |
contains the enacting, amending, or repealing clause, or the | 525 |
title, once amended during any meeting of a committee, other than | 526 |
by passage of a corrective or omnibus amendment, shall not be | 527 |
amended again. For the purpose of this rule, appropriation items | 528 |
shall be considered separate paragraphs and the chairman shall | 529 |
determine what are corrective and omnibus amendments. This rule | 530 |
does not prohibit the acceptance of substitute bills.
| 531 |
Rule 44. (Records open to examination; filing of records.) | 538 |
During the period of sessions, committee records shall be open for | 539 |
examination by any member of the House. At reasonable times and | 540 |
subject to adequate safeguards established by the chairman to | 541 |
protect and preserve such records, any citizen of Ohio may also | 542 |
examine committee records. Upon final adjournment of the House, | 543 |
the committee records shall be filed with the Clerk, to be kept | 544 |
for a period of two years, after which time said records shall be | 545 |
filed with the Legislative Service Commission.
| 546 |
Rule 45. (Committee reports.) (a) All reports to the House | 547 |
shall be signed by a majority of the entire committee, except that | 548 |
a standing subcommittee, except Finance and Appropriations | 549 |
Subcommittees, created by these rules may consider bills assigned | 550 |
to it by the Rules and Reference Committee for hearing and a | 551 |
majority of said subcommittee may approve such reports to the | 552 |
House. The secretary shall add to said report the names of those | 553 |
who voted "no." No member shall sign a committee report who was | 554 |
not present at the meeting at which such action was taken and who | 555 |
did not vote in support of such action.
| 556 |
(b) The legislative staff assigned to the chairman of the | 557 |
committee shall prepare, file, and maintain the minutes of every | 558 |
regular or special meeting of a committee. The committee, at its | 559 |
next regular or special meeting, shall approve the minutes | 560 |
prepared, filed, and maintained by the legislative staff, or, if | 561 |
the minutes prepared, filed, and maintained by the legislative | 562 |
staff require correction before their approval, the committee | 563 |
shall correct and approve the minutes at the next following | 564 |
regular or special meeting. The committee shall make the minutes | 565 |
available for public inspection not later than seven days after | 566 |
the meeting the minutes reflect or not later than the committee's | 567 |
next regular or special meeting, whichever occurs first, and upon | 568 |
making the minutes available shall immediately file a copy of the | 569 |
minutes with the Clerk.
| 570 |
Rule 46. (Filing of reports; inclusion of bills or | 571 |
resolutions.) All committee reports shall be filed with the Clerk, | 572 |
shall be signed by a majority of the committee, and shall be | 573 |
accompanied by the original bill or resolution. Each committee may | 574 |
include in a single report more than one bill or resolution; | 575 |
provided, however, that any bill or resolution amended by a | 576 |
committee or any substitute measure recommended by a committee | 577 |
shall be on a separate report. These reports shall be presented to | 578 |
the House and entered upon the Journal. For each day a committee | 579 |
meets, the committee secretary shall file with the Clerk a report | 580 |
of all actions of the committee taken that day, including a list | 581 |
of bills heard and reports received.
| 582 |
Rule 48. (Members desiring to speak.) (a) When a member is | 588 |
about to speak in debate or present any matter to the House, the | 589 |
member shall rise, state the purpose for which the member seeks | 590 |
recognition, and, upon recognition by the Speaker or presiding | 591 |
officer,and respectfully address the Speaker or presiding | 592 |
officer, confine remarks to the question under debate, and avoid | 593 |
personalities. All debate shallmust be addressed to the Speaker | 594 |
or presiding officer and not to the members.
| 595 |
Rule 51. (Member called to order; question of order; stating | 607 |
question of order.) (a) If any member, in speaking, or otherwise, | 608 |
transgresses the rules of the House, the Speaker or presiding | 609 |
officer shall call the offending member to order. The member so | 610 |
called to order shall take the member's seat immediately, unless | 611 |
permitted by the Speaker or presiding officer to explain. Any | 612 |
member may, by raising the point of order, call the attention of | 613 |
the Speaker or presiding officer to such transgression. If a | 614 |
member be called to order by another member for offensive words | 615 |
spoken in debate, the member calling the member to order shall, if | 616 |
the Speaker or presiding officer so requires, reduce the | 617 |
objectionable language to writing.
| 618 |
(b) All questions of order and procedure shall be decided by | 619 |
the Speaker without debate, but such decision shall be subject to | 620 |
appeal to the House by any member if supported by four or more | 621 |
other members; on which appeal, no member shall speak more than | 622 |
once, unless by leave of the House, except the member appealing | 623 |
who may speak twice; and the Speaker may speak in preference to | 624 |
any other member. If the decision be in favor of the member called | 625 |
to order, the member shall be at liberty to proceed. | 626 |
Rule 52. (Call of the House, how demanded.) (a) While | 630 |
transacting the business of the House as set forth by the | 631 |
Committee on Rules and Reference and appropriately placed on the | 632 |
calendar, the Speaker or presiding officer or any two members may | 633 |
demand a call of the House, and upon such call being demanded, the | 634 |
roll shall be taken and the absentees shall be noted and sent for, | 635 |
unless otherwise ordered by the House.
| 636 |
(b) While the House is under call, the doors shall be closed | 637 |
and no other business shall be transacted, except to receive and | 638 |
act on the report of the Sergeant-at-arms, which the | 639 |
Sergeant-at-arms may make at any time. Those members who are found | 640 |
to be absent without leave shall be taken into custody forthwith | 641 |
by the Sergeant-at-arms or the Sergeant-at-arms's assistants | 642 |
wherever found, and brought to the Hall of the House.
| 643 |
Rule 54. (Personal privilege.) Subject to Rule 10, any member | 656 |
may rise to explain a matter personal to self, and on stating it | 657 |
is a matter of personal privilege, the member shall be recognized | 658 |
by the Speaker or presiding officer, but shall not discuss a | 659 |
question or issue in such explanation. Such explanation shall not | 660 |
consume more than five minutes of time unless extended by consent | 661 |
of the House. Matters of personal privilege shall yield only to a | 662 |
motion to recess or adjourn.
| 663 |
Rule 56. (Conduct of members.) While the Speaker or presiding | 668 |
officer is putting any question or addressing the House, no one | 669 |
shall walk across the Hall of the House, and when a member is | 670 |
speaking, no one shall pass between the member and the Chair. No | 671 |
member or other person, except the Clerk and the Clerk's | 672 |
assistants, shall be allowed at the Clerk's desk while the votes | 673 |
are being recorded or counted.
| 674 |
Rule 58. (Yeas and nays, how demanded.) (a) Any member may | 683 |
make a motion to call the yeas and nays upon any question, before | 684 |
the House votes upon a question, when such motion is supported, | 685 |
specifically, by at least one additional member; and upon the call | 686 |
of the yeas and nays, the Speaker or presiding officer shall order | 687 |
the Clerk to call the names of the members alphabetically or use | 688 |
the electric roll call system to record the vote of the members. | 689 |
No member shall vote by facsimile or electronic means other than | 690 |
those electronic devices used by the House in conducting its | 691 |
business. When once begun, voting shall not be interrupted. After | 692 |
the vote is announced, no member shall be allowed to change the | 693 |
member's vote, nor may a member have the member's vote recorded if | 694 |
any three members object thereto.
| 695 |
(b) Before the vote on passage of a bill is taken by the | 696 |
House, the staff of the Legislative Service Commission shall make | 697 |
available to the Speaker or presiding officer, who shall make | 698 |
available to all members of the House, for their review, a fiscal | 699 |
impact statement that addresses the impact of the bill upon state | 700 |
and local government. This requirement applies to a bill only if | 701 |
section 103.143 of the Revised Code also applies to the bill. This | 702 |
requirement is cumulative with respect to section 103.143 of the | 703 |
Revised Code; however, a local impact statement prepared under | 704 |
that section may be used also to fulfill the requirement of this | 705 |
rule in whole or in part.
| 706 |
(d) When the House is ready to vote upon any question | 711 |
requiring a roll call and the vote is to be taken by the electric | 712 |
roll call system, the Speaker or presiding officer shall state the | 713 |
question to be voted on and shall call for the vote. The House | 714 |
shall then proceed to vote. At this instant, the Speaker or | 715 |
presiding officer shall direct the clerk to unlock the machine | 716 |
causing a bell to be sounded notifying the members of the roll | 717 |
call. When sufficient time has been allowed the members to vote, | 718 |
the Speaker or presiding officer shall ask whether all members | 719 |
have voted and shall direct the Clerk to lock the machine and | 720 |
record the vote. The Clerk shall advise the Speaker or presiding | 721 |
officer of the result of the vote, and the Speaker or presiding | 722 |
officer shall announce the result to the House. The Clerk shall | 723 |
enter upon the Journal the result in the manner provided by the | 724 |
rules of the House.
| 725 |
Rule 59. (Voting for another member prohibited.) No proxy | 726 |
vote is valid. No member shall vote for another member, nor shall | 727 |
any person not a member cast a vote for a member. In addition to | 728 |
such penalties as may be prescribed by law, any member who shall | 729 |
vote or attempt to vote for another member may be punished in such | 730 |
manner as the Speaker shall bring before the House to determine. | 731 |
If a person not a member shall vote or attempt to vote for any | 732 |
member, the person shall be barred from the House for the | 733 |
remainder of the session and may be further punished in such | 734 |
manner as the Speaker may deem proper, in addition to such | 735 |
punishment as may be prescribed by law.
| 736 |
Rule 60. (Explanation of vote.) A member desiring to explain | 737 |
the member's vote shall make a request therefor, before the House | 738 |
divides or before the call of the yeas and nays is commenced. If | 739 |
such request is granted by unanimous consent of the members of the | 740 |
House, such statement shall not consume more than two minutes of | 741 |
time; nor shall arguments for or against the question be made in | 742 |
the statement. After the roll is closed as provided in Rule 58, no | 743 |
member may explain the member's vote, either orally or in writing.
| 744 |
Rule 61. (Introduction of bills.) (a) All bills to be | 746 |
introduced in the House shall be filed in the Clerk's office, in a | 747 |
number of copies to be determined by the Clerk, not later than one | 748 |
hour prior to the time set for the next convening session. No bill | 749 |
shall be accepted by the Clerk for filing until it has been | 750 |
reviewed as to form by the Legislative Service Commission, unless | 751 |
otherwise approved by the Speaker.
| 752 |
(d) Bills introduced prior to the convening of the session | 763 |
under this rule shall be treated as if they were bills introduced | 764 |
on the first day of the session. Between the general election and | 765 |
the time for the next convening session, a member-elect may file | 766 |
bills for introduction in the next session with the Clerk. The | 767 |
Clerk shall number such bills consecutively, in the order in which | 768 |
they are filed, beginning with the number "1".
| 769 |
Rule 62. (Referral to Rules and Reference Committee.) When a | 770 |
bill has been considered the first time, it shall be referred to | 771 |
the Rules and Reference Committee, which shall consider the same | 772 |
and report its recommendation to the House. If it be apparent to | 773 |
said committee that any bill is of a frivolous nature, or that it | 774 |
was not introduced in good faith, or that it is in conflict with | 775 |
or a duplication of an existing statute without making proper | 776 |
provision for the repeal or amendment of such existing statute, | 777 |
said committee shall report said bill back to the House for its | 778 |
return to the author with a notation thereon of the reason for its | 779 |
return. The House may, by a majority vote, order any such bill | 780 |
referred to an appropriate committee; otherwise, it shall be | 781 |
returned by the Clerk to the author, and the Clerk shall make note | 782 |
of the fact in the Journal.
| 783 |
Rule 63. (Report back by Rules and Reference Committee.) All | 784 |
bills which are not returned to the author in accordance with Rule | 785 |
62, shall be reported back to the House by the Rules and Reference | 786 |
Committee, with recommendation for reference to the proper | 787 |
committee of the House, at which time it shall be considered and | 788 |
distributed after such reference. The Rules and Reference | 789 |
Committee shall make a written report to the House of its action | 790 |
on each bill referred to it, and such report shall be entered on | 791 |
the Journal of the House. If the report of the Rules and Reference | 792 |
Committee is accepted, the bills standing in order for second | 793 |
consideration are deemed to have been considered a second time, | 794 |
and are referred to committee as recommended in the report. | 795 |
Rule 67. (Information on Calendar.) If a bill or resolution | 811 |
has been amended prior to its third consideration, the date and | 812 |
page of the House or Senate Journal containing said amendment | 813 |
shall be noted on the Calendar immediately below the title of the | 814 |
bill or resolution. A copy of the amendments or a copy of the | 815 |
section or sections amended with the amendment incorporated shall | 816 |
be supplied each member of the House at the time of third | 817 |
consideration unless the amendments are not of a substantive | 818 |
nature or the bill or resolution has been reprinted to incorporate | 819 |
the amendments.
| 820 |
Rule 68. (Synopsis of Senate amendments before vote.) Before | 821 |
a vote is taken upon the question of concurrence in Senate | 822 |
amendments to a House bill or resolution, the staff of the | 823 |
Legislative Service Commission, unless otherwise ordered by a | 824 |
majority of the members elected to the House, shall prepare a | 825 |
synopsis of any substantive amendments made by a Senate committee | 826 |
to the bill or resolution as passed by the House. Before a vote is | 827 |
taken upon a conference committee report, the staff of the | 828 |
Legislative Service Commission, unless otherwise ordered by a | 829 |
majority of the members elected to the House, shall prepare a | 830 |
synopsis that summarizes the recommendations of the conference | 831 |
committee. The staff of the Legislative Service Commission shall | 832 |
prepare and make such a synopsis available to each member at the | 833 |
time the House votes on a question of concurrence in Senate | 834 |
amendments or upon a conference committee report. The Clerk shall | 835 |
provide each member with a copy of amendments made by the Senate | 836 |
during its third consideration of the bill or resolution unless | 837 |
the amendments are Clerk's amendments or the bill or resolution | 838 |
has been reprinted to incorporate the amendments.
| 839 |
(2) Whenever an item of a bill making an appropriation of | 856 |
money has been disapproved and returned to the House by the | 857 |
Governor, the question may be put as to whether the item shall | 858 |
pass, notwithstanding the objections of the Governor. Whenever two | 859 |
or more items of a bill making an appropriation of money have been | 860 |
disapproved and returned to the House by the Governor, the | 861 |
question may be put to take up for consideration the repassage of | 862 |
one or more of the items. Each item so considered shall be voted | 863 |
upon separately.
| 864 |
Rule 73. (Order on Calendar.) Bills for their third | 902 |
consideration, and all special orders, shall be placed upon the | 903 |
Calendar in the order or priority in which the order is made, save | 904 |
and except all bills or resolutions from the further consideration | 905 |
of which a committee has been discharged, which said bills or | 906 |
resolutions shall be placed on the Calendar for consideration upon | 907 |
the second legislative day after the motion to discharge has been | 908 |
agreed to.
| 909 |
Rule 76. (Bills become actsTitles of passed bills.) When a | 917 |
bill has passed the House, the Clerk shall read its title, | 918 |
substituting the word "act" for the word "bill", and the Speaker | 919 |
or presiding officer shall inquire if the House agrees to the | 920 |
title; and if the House is agreed, the Clerk shall make out the | 921 |
title accordingly, and shall certify the passage of the bill upon | 922 |
the back thereof.
| 923 |
Rule 77. (House resolutions.) (a) All House joint resolutions | 924 |
which do not propose to amend the Ohio Constitution, or which do | 925 |
not propose to ratify an amendment to the United States | 926 |
Constitution, and all House concurrent resolutions and all House | 927 |
resolutions (hereinafter resolutions) shall be filed with the | 928 |
Clerk in a number of copies to be determined by the Clerk. | 929 |
Thereupon, the Clerk shall submit the resolutions to the Committee | 930 |
on Rules and Reference.
| 931 |
(b) Upon receipt from the Clerk of resolutions having a | 932 |
congratulatory, commendatory, or other similar purpose, the | 933 |
Committee on Rules and Reference shall report for adoption, report | 934 |
for introduction and referral, or report for other action, any and | 935 |
all such resolutions. The committee also is authorized not to | 936 |
report any or all of such resolutions having a congratulatory, | 937 |
commendatory, or other similar purpose.
| 938 |
(c) In reporting resolutions for adoption, the Rules and | 944 |
Reference Committee shall have the power to include more than one | 945 |
resolution in any report. A report containing more than one | 946 |
resolution shall list the resolutions by title only. Those | 947 |
resolutions reported for adoption relating to present or past | 948 |
members of the General Assembly or present or past elected state | 949 |
officials shall be reported automatically and separately and shall | 950 |
be read. Sponsors desiring other resolutions to be reported | 951 |
separately for adoption must request such action of the Rules and | 952 |
Reference Committee.
| 953 |
(e) Resolutions reported for introduction and referral by the | 960 |
Rules and Reference Committee shall be contained in one report, | 961 |
shall be listed by title only, and shall indicate to what | 962 |
committee the particular resolutions are to be referred. All | 963 |
reports on the introduction of resolutions by the Rules and | 964 |
Reference Committee shall be entertained only under the item of | 965 |
business, "Motions and Resolutions." Such reports shall be voted | 966 |
on in their entirety on the day of the report, and require only | 967 |
one roll call or voice vote.
| 968 |
Rule 78. (Senate joint or concurrent resolutions.) (a) Upon | 973 |
receipt of a message advising the House that the Senate has | 974 |
adopted a Senate concurrent resolution, or Senate joint resolution | 975 |
which does not propose to amend the Ohio Constitution, or which | 976 |
does not propose to ratify an amendment to the United States | 977 |
Constitution, the presiding officer may bring such resolution up | 978 |
for immediate consideration, or may refer such resolution to the | 979 |
Committee on Rules and Reference.
| 980 |
Rule 79. (When yeas and nays taken on resolutions.) Upon the | 994 |
adoption of a resolution involving the expenditure of money, or | 995 |
which determines or involves the right of a member to a seat in | 996 |
the House, the yeas and nays shall be taken and entered on the | 997 |
Journal. Such resolutions shall require a majority of all members | 998 |
elected to the House for adoption except when a greater majority | 999 |
is required by the Constitution.
| 1000 |
The call for the vote shall be distinctly put in this form, | 1005 |
"Those in favor of (as the question may be) say 'yes'," and after | 1006 |
the affirmative vote is expressed, "Those of a contrary opinion | 1007 |
say 'no'." If the Speaker or presiding officer is in doubt, or a | 1008 |
division be called for, the House shall divide and a roll call be | 1009 |
taken. The Speaker or presiding officer shall announce the | 1010 |
results.
| 1011 |
Rule 81. (Motions.) (a) Every motion shall be reduced to | 1012 |
writing, if the Speaker or presiding officer or any two members | 1013 |
shall so request. A motion that is required to be in writing is | 1014 |
not in order unless the writing has been filed with the Clerk. A | 1015 |
motion that requires the signatures of members is not in order | 1016 |
unless it contains original signatures. No motion may be made via | 1017 |
facsimile or other electronic means other than those electronic | 1018 |
devices used by the House in conducting its business.
| 1019 |
Rule 85. (Motions to refer to committee.) When a motion is | 1058 |
made to refer to a committee, if more than one committee is | 1059 |
suggested, the motion shall be put for reference to the committees | 1060 |
suggested, in the order in which they are named; but a motion to | 1061 |
refer to the committee of the whole, to a standing committee, or a | 1062 |
select committee shall have precedence in the order herein named. | 1063 |
A motion to refer to a committee may not be reconsidered.
| 1064 |
(f) Any paragraph, except one which contains the enacting, | 1116 |
amending, or repealing clause, or the title, once amended during | 1117 |
the same third consideration, other than by the passage of Clerk's | 1118 |
amendments, shall not be amended again. For the purpose of this | 1119 |
paragraph appropriation line items shall be considered separate | 1120 |
paragraphs.
| 1121 |
Rule 93. (Amendments by committees.) All amendments made in | 1129 |
committee shall carry the name of the author of the amendment, and | 1130 |
the report of any committee reporting a bill or resolution to the | 1131 |
House shall indicate clearly the name of the author of the | 1132 |
amendment which shall be entered in the Journal. Amendments made | 1133 |
by committees and adopted by the House shall be subject to further | 1134 |
amendment. The right to amend any bill or resolution shall extend | 1135 |
to any matters added to or stricken from such bill or resolution | 1136 |
by a committee.
| 1137 |
Rule 94. (Amendments to titles.) (a) Amendments to the title | 1138 |
of a House or Senate bill may be offered in committee or on third | 1139 |
consideration and shall be decided without debate, provided that | 1140 |
upon third consideration a motion to amend the title may be made | 1141 |
by a sponsor; but no amendments shall change the subject dealt | 1142 |
with in the original title. Amendments to the title of a House or | 1143 |
Senate bill offered on third consideration may be made by | 1144 |
electronic means when permitted by the Speaker or presiding | 1145 |
officer.
| 1146 |
(b) Immediately after the House has voted to concur in Senate | 1147 |
amendments to a bill or resolution, and immediately after the | 1148 |
House has voted to accept a conference committee report, a | 1149 |
Representative may remove the Representative's name from the bill | 1150 |
or resolution by rising and stating this desire to the Speaker or | 1151 |
presiding officer. The Clerk shall thereupon remove the | 1152 |
Representative's name from the bill or resolution.
| 1153 |
Rule 95. (Motion to reconsider.) (a) Any motion to reconsider | 1161 |
the vote on a bill or resolution must be made by a member who | 1162 |
voted with the prevailing side of the question. To be in order, | 1163 |
such motion must be made not later than the second legislative day | 1164 |
following that on which the vote was taken. The question of | 1165 |
reconsideration, if left pending, shall be brought to a vote upon | 1166 |
motion of the first-named House sponsor of the motion to | 1167 |
reconsider and approval of the House.
| 1168 |
Rule 98. (Procedure on motion.) Upon the adoption of a motion | 1200 |
to reconsider, the Clerk immediately shall inform the House | 1201 |
whether or not such bill or resolution is in the possession of the | 1202 |
House. If the Clerk reports in the negative, the Clerk shall | 1203 |
effect the return of such bill or resolution. When the measure is | 1204 |
in the possession of the House, it shall be placed on the Calendar | 1205 |
under the appropriate order of business.
| 1206 |
Rule 99. (Reconsideration of amendments after adoption of | 1207 |
measure.) When it is desired to reconsider the vote on an | 1208 |
amendment after the vote has been taken on the adoption of a main | 1209 |
motion, it is necessary to reconsider the vote both on the main | 1210 |
question and on the amendment. If it is desired to reconsider an | 1211 |
amendment to an amendment after the latter has been adopted, both | 1212 |
must be reconsidered in order to reach the amendment it is desired | 1213 |
to reconsider. When it is thus necessary to reconsider two or | 1214 |
three votes, one motion may be made to cover them all, but debate | 1215 |
is limited to the question first voted upon.
| 1216 |
Rule 101. (How and when previous question put.) The previous | 1224 |
question shall be in this form: "Shall the debate now close?" It | 1225 |
shall be put after the motion is submitted to the presiding | 1226 |
officer in writing and when the member submitting the motion is | 1227 |
recognized, and supported by four or more members. The motion | 1228 |
shall be sustained by a majority vote, and when put, and until | 1229 |
decided, it shall preclude further debate on all amendments and | 1230 |
motions, except one motion to adjourn, or one motion to lay on the | 1231 |
table. If the previous question is demanded when an amendment to a | 1232 |
bill or resolution is under consideration, the previous question | 1233 |
shall apply only to the debate on the amendment.
| 1234 |
Rule 106. (Procedure of committee of the whole.) The entire | 1259 |
membership of the House constitutes the committee of the whole. | 1260 |
When the House meets as the committee of the whole, the Speaker | 1261 |
may appoint in the Speaker's place a chairman who shall preside | 1262 |
and vote as other members. In the committee of the whole, bills | 1263 |
shall be read by the chairman or Clerk, and shall be considered | 1264 |
section-by-section, unless it is directed otherwise by the | 1265 |
committee, leaving the title to be considered last. | 1266 |
Rule 109. (Persons admitted to Hall of House.) No person | 1278 |
shall be admitted to the Hall of the House except the Governor, | 1279 |
members and employees of the two houses, persons charged with any | 1280 |
message or paper affecting the business of the House, the | 1281 |
authorized representatives of the press, radio, and television, | 1282 |
and those invited by a member with the approval of the Speaker or | 1283 |
presiding officer or by the order of the House. No former member | 1284 |
who is currently a legislative agent registered with the Office of | 1285 |
the Legislative Inspector General shall have access to the floor | 1286 |
without prior approval of the Speaker or presiding officer.
| 1287 |
Rule 111. (Representatives of the press, how admitted.) (a) | 1293 |
Representatives of the press who are members of the Legislative | 1294 |
Correspondents' Association are entitled to the privilege of the | 1295 |
floor of the House, but shall notify the Speaker or presiding | 1296 |
officer prior to exercising the privilege. The Speaker or | 1297 |
presiding officer, or, when the House is not in session, the | 1298 |
Clerk, has authority to grant immediate access to the floor of the | 1299 |
House to visiting members of the media. | 1300 |
(b) Representatives of the press desiring the privilege of | 1301 |
the floor of the House who are not members of the Legislative | 1302 |
Correspondents' Association shall make application to the Speaker, | 1303 |
and make application with the Legislative Correspondents' | 1304 |
Association, and shall state, in writing, for what paper or | 1305 |
papers, legislative information services, or magazines, or any | 1306 |
affiliate of any of the foregoing they are employed; and further | 1307 |
shall state that they are not engaged in the promotion of | 1308 |
legislation or the prosecution of claims pending before the | 1309 |
General Assembly, and will not become so engaged while allowed the | 1310 |
privileges of the floor; and that they are not in any sense the | 1311 |
agents or representatives of persons or corporations having | 1312 |
legislation before the General Assembly, and will not become | 1313 |
either while retaining their privileges. Visiting newswriters and | 1314 |
editors and visiting magazine writers and editors may be allowed, | 1315 |
temporarily, the privileges herein mentioned, but they must | 1316 |
conform to the restrictions prescribed.
| 1317 |
(c) The application required by division (b) of this rule | 1318 |
shall be authenticated in a manner that shall be satisfactory to | 1319 |
the executive committee of the Legislative Correspondents' | 1320 |
Association, in the case of newspaper, legislative information | 1321 |
service, and magazine representatives and in the case of | 1322 |
representatives of any affiliate of any of the foregoing. It shall | 1323 |
be the duty of the executive committee of the Legislative | 1324 |
Correspondents' Association to see that the privileges of the | 1325 |
floor shall be granted only to representatives of press | 1326 |
associations serving daily newspaper clients, representatives of | 1327 |
daily Columbus newspapers, and bona fide telegraphic | 1328 |
correspondents of reputable standing in their profession, who | 1329 |
represent daily newspapers, or representatives of daily | 1330 |
newspapers, or representatives of daily legislative information | 1331 |
services, or representatives of magazines, or representatives of | 1332 |
any affiliate of any of the foregoing, of known standing and | 1333 |
integrity, organized for that one purpose and not controlled by or | 1334 |
connected with any association, firm, corporation, or individual | 1335 |
representing any trade, profession, or other commercial | 1336 |
enterprise, and which have been in continuous and bona fide | 1337 |
operation for such a period of years immediately prior to the date | 1338 |
of making application for floor privileges as will have made | 1339 |
possible the establishment of a reputation for honesty and | 1340 |
integrity; and it shall be the duty of the executive committee of | 1341 |
the Legislative Correspondents' Association, at its discretion, to | 1342 |
report violations of the privileges herein granted to the Speaker. | 1343 |
Persons whose chief attention is not given to newspaper | 1344 |
correspondence, legislative information service, or magazine | 1345 |
correspondence shall not be entitled to the privileges of the | 1346 |
floor.
| 1347 |
Rule 112. (Representatives of radio and television stations | 1354 |
and broadcasting networks, how admitted.) (a) Representatives of | 1355 |
radio and television stations and broadcasting networks who are | 1356 |
members of the Radio and Television Correspondents' Association | 1357 |
are entitled to the privilege of the floor of the House, but shall | 1358 |
notify the Speaker prior to exercising the privilege. The Speaker | 1359 |
or presiding officer, or, when the House is not in session, the | 1360 |
Clerk, has authority to grant immediate access to the floor of the | 1361 |
House to visiting members of the media.
| 1362 |
(b) Representatives of radio and television stations and | 1363 |
broadcasting networks desiring the privilege of the floor of the | 1364 |
House who are not members of the Radio and Television | 1365 |
Correspondents' Association shall make application to the Speaker, | 1366 |
and make application with the Radio and Television Correspondents' | 1367 |
Association, and shall state, in writing, by what stations or | 1368 |
broadcasting network they are employed; and further shall state | 1369 |
that they are not engaged in the promotion of legislation or the | 1370 |
prosecution of claims pending before the General Assembly, and | 1371 |
will not become so engaged while allowed the privileges of the | 1372 |
floor; and that they are not, in any sense, the agents or | 1373 |
representatives of persons or corporations having legislation | 1374 |
before the General Assembly, and will not become either while | 1375 |
retaining their privileges. Visiting correspondents and editors | 1376 |
may be allowed, temporarily, the privileges herein mentioned, but | 1377 |
they must conform to the restrictions prescribed.
| 1378 |
(c) The application required by division (b) of this rule | 1379 |
shall be authenticated in a manner that shall be satisfactory to | 1380 |
the officers of the Radio and Television Correspondents' | 1381 |
Association of Ohio. It shall be the duty of the Radio and | 1382 |
Television Correspondents' Association to see that the privileges | 1383 |
of the floor shall be granted only to the representatives of | 1384 |
stations and broadcasting networks serving radio and television | 1385 |
stations or networks serving such radio and television stations as | 1386 |
have been duly licensed by the Federal Communications Commission. | 1387 |
It shall be the duty of the officers of the Radio and Television | 1388 |
Correspondents' Association, at their discretion, to report | 1389 |
violations of the privileges herein granted to the Speaker. | 1390 |
Persons whose chief attention is not given to radio and television | 1391 |
broadcasting shall not be entitled to the privileges of the floor.
| 1392 |
Rule 113. (Privileges of the House, how revoked.) Upon | 1414 |
complaint in writing, made by any member of the House, addressed | 1415 |
to the Speaker, that any person has abused the privileges granted | 1416 |
the person, such complaint shall be referred to the standing | 1417 |
Committee on Rules and Reference for investigation, and such | 1418 |
committee shall notify the person so charged of the time and place | 1419 |
for hearing; and if such accusation be sustained, such person or | 1420 |
persons shall be barred from the privileges granted.
| 1421 |
Rule 114. (How amended.) The rules of the House may be | 1423 |
amended. A member who desires to amend the rules shall prepare a | 1424 |
resolution that sets forth the proposed amendment and file it with | 1425 |
the Clerk in a number of copies to be determined by the Clerk. The | 1426 |
Speaker or presiding officer shall announce the resolution at the | 1427 |
next session of the House at which bills are given third | 1428 |
consideration, and shall refer the resolution to the Committee on | 1429 |
Rules and Reference. A majority of all members elected shall be | 1430 |
required for the adoption of the resolution.
| 1431 |
Rule 116. (Parliamentary guide.) Mason's Manual of | 1439 |
Legislative Procedure (2000), as amplified or clarified in Hughes' | 1440 |
American Parliamentary Guide for the Ohio General Assembly (1932), | 1441 |
1931-1932, Revised New Edition,
as amplified or clarified in | 1442 |
Mason's Manual of Legislative Procedure (2010), shall govern in | 1443 |
all cases not provided for in the foregoing rules.
| 1444 |
Rule 118. (Reintroduction of bill permitted.) A bill which | 1450 |
has been passed by the House and defeated or indefinitely | 1451 |
postponed by the Senate, may be introduced during the subsequent | 1452 |
calendar year of the same General Assembly provided it shall be in | 1453 |
the identical language as that passed by the House. Upon motion | 1454 |
made and approved by two-thirds majority, the bill shall be | 1455 |
considered on three successive dates and voted upon by the House | 1456 |
without reference to committee.
| 1457 |
Except in cases where secrecy has been approved, all | 1466 |
proceedings of the House of Representatives while in voting | 1467 |
session shall be broadcast by Ohio Government Telecommunications, | 1468 |
and shall be archived. The use of any session video in political | 1469 |
or commercial activities is prohibited in all circumstances, | 1470 |
unless two-thirds of the the House adopt a resolution granting | 1471 |
permission for such a use of the video.
| 1472 |
Each regular and special meeting of each committee and | 1477 |
subcommittee shall be a public meeting that is open to the public | 1478 |
at all times in accordance with division (B) of section 101.15 of | 1479 |
the Revised Code. Each committee and subcommittee shall prepare, | 1480 |
file, and maintain; approve or correct and approve; and make | 1481 |
available, minutes of each of its regular and special meetings in | 1482 |
accordance with division (B) of section 101.15 of the Revised | 1483 |
Code.
| 1484 |
Rule 122. (LSC analyses and fiscal notes to be made available | 1485 |
at third consideration.) The bill analysis and the fiscal note | 1486 |
prepared by the staff of the Legislative Service Commission, that | 1487 |
has been made available to the members of the House, shall be made | 1488 |
available to the public by the Speaker or presiding officer when | 1489 |
the bill to which the analysis or fiscal note pertains receives | 1490 |
third consideration in the House.
| 1491 |