Bill Text: OH SCR22 | 2011-2012 | 129th General Assembly | Enrolled

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Bill Title: As Adopted by the Senate 129th General AssemblyRegular Session2011-2012S. C. R. No. 22 Senators Niehaus, Cafaro

Sponsorship: Bipartisan Bill

Status: (Engrossed - Dead) 2011-11-15 - Passed 3rd Consideration House [SCR22 Detail]

Download: Ohio-2011-SCR22-Enrolled.html

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As Adopted by the Senate

129th General Assembly Regular Session 2011-2012

S. C. R. No. 22

Senators Niehaus, Cafaro 

Cosponsors: Senators Daniels, Wilson 

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A CONCURRENT RESOLUTION

To adopt Joint Rules of the Senate and House of

1

Representatives for the 129th General Assembly.

2

BE IT RESOLVED BY THE SENATE OF THE STATE OF OHIO
(THE HOUSE OF REPRESENTATIVES CONCURRING):

RESOLVED: That the following are the Joint Rules of the	3
Senate and House of Representatives for the 129th General	4
Assembly:	5

JOINT RULES	6

JOINT SESSIONS	7

Rule 1. (Convention: place and procedure.) Whenever the two	8
branches of the General Assembly convene for any purpose required	9
by the Constitution or laws of the state, such convention shall be	10
held in the Hall of the House of Representatives, unless otherwise	11
ordered by a joint resolution of the two branches, and the	12
President of the Senate shall preside. During all such conventions	13
each branch shall be held to be in session as a separate branch of	14
the General Assembly and to be governed by its own rules; and	15
except in voting on questions unique to the convention, where each	16
member is entitled to a separate vote, shall act as such and no	17
question shall be considered as carried otherwise than by the	18
concurrent action of both branches; provided, that either branch	19
may, by a vote of a majority of all its members, dissolve from	20
such convention by withdrawing therefrom; and such convention may,	21
by the concurrent vote of the two branches, take a recess or	22
adjourn to a time certain, but such recess or adjournment of the	23
convention shall not be held to be an adjournment or recess of	24
either branch nor to prevent either from proceeding with its usual	25
business during such recess or adjournment of the convention.	26

Rule 2. (Voting in convention.) In voting on all questions	27
unique to a convention, a majority of the votes cast shall be	28
necessary to a choice.	29

JOINT SELECT COMMITTEES	30

Rule 3. (Joint select committees: creation.) The President	31
may initiate creation of a joint select committee of the Senate	32
and House for the purpose of considering a Senate bill or a Senate	33
joint or concurrent resolution. The Speaker may initiate creation	34
of a joint select committee of the Senate and House for the	35
purpose of considering a House bill or a House joint or concurrent	36
resolution. A bill or joint or concurrent resolution shall not be	37
referred to a joint select committee if its main feature is the	38
appropriation of money or a proposal to alter or modify the	39
state's existing tax structure.	40

To initiate creation of a joint select committee, the	41
President shall cause to be read before the Senate or the Speaker	42
shall cause to be read before the House a message creating the	43
joint select committee. After the message is read, it shall lie	44
over one calendar day before it is voted upon. If the message is	45
approved, it shall be transmitted to the second house. Upon	46
receipt, the President or Speaker shall cause the message to be	47
read before the second house. After the message is read in the	48
second house, it shall lie over one calendar day before it is	49
voted upon. If the message is approved in the second house, the	50
joint select committee thereupon is created as specified in the	51
message. The second house shall notify the first of its	52
disposition of the message. The message shall be spread in full	53
upon the Senate and House Journals.	54

The message is not amendable and shall be voted upon as a	55
whole. Either house, by vote of a majority of the members elected	56
thereto, may suspend the requirement that the message lie over one	57
calendar day before it is voted upon in that house.	58

The message shall be provided to each member of the Senate	59
and House at the time it is read therein.	60

The message shall specify the name of the joint select	61
committee, the equal number of members the joint select committee	62
is to have from each house, the number of members of the majority	63
party and the number of members of the minority party the joint	64
select committee is to have from each house, the purpose the joint	65
select committee is to fulfill, and any special rules with respect	66
to submission of its report. The bill or joint or concurrent	67
resolution shall be attached to the message.	68

Reading of the message in the first house constitutes second	69
consideration of the bill in that house; the reading of the	70
message and second consideration of the bill shall be recorded in	71
the journal of the first house. Reading of the message in the	72
second house constitutes first consideration of the bill in that	73
house; the reading of the message and first consideration of the	74
bill shall be recorded in the journal of the second house.	75

Rule 4. (Joint select committees: members and officers.) A	76
joint select committee shall have an equal number of members from	77
the Senate and House. The President shall appoint, and may remove	78
and replace, the Senate members of a joint select committee. The	79
Senate Minority Leader, in a manner to be determined by the Senate	80
Minority Caucus, may recommend Senate minority party members for a	81
joint select committee. The Speaker shall appoint, and may remove	82
and replace, the House members of a joint select committee. The	83
House Minority Leader, in a manner to be determined by the House	84
Minority Caucus, may recommend House minority party members for a	85
joint select committee. The President and Speaker shall appoint	86
members from their respective houses as necessary to fill	87
vacancies on a joint select committee. The appointment or removal	88
of a member of a joint select committee shall be entered upon the	89
journal of the house from which the member is appointed.	90

If a joint select committee is created to consider a Senate	91
bill or joint or concurrent resolution referred by the Senate, the	92
first-named Senate member is chairman and the first-named House	93
member is vice-chairman of the joint select committee. If a joint	94
select committee is created to consider a House bill or joint or	95
concurrent resolution referred by the House, the first-named House	96
member is chairman and the first-named Senate member is	97
vice-chairman of the joint select committee.	98

In the absence of the chairman of a joint select committee,	99
the vice-chairman of the joint select committee has the duties and	100
authority of the chairman.	101

Rule 5. (Joint select committees: consideration and report	102
by.) A joint select committee shall study and conduct hearings	103
with respect to, and may amend or substitute, the bill or joint or	104
concurrent resolution. The joint select committee may report the	105
bill or joint or concurrent resolution. Bills or joint or	106
concurrent resolutions that are reported shall be filed in	107
sextuplicate with the clerk of the house where the bill or joint	108
or concurrent resolution originated. The original bill or joint or	109
concurrent resolution shall accompany the report. The joint select	110
committee shall indicate in the report the members who voted "yes"	111
and "no" on the report.	112

The report shall be presented to the house where the bill or	113
joint or concurrent resolution originated and shall be spread upon	114
the journal.	115

If a bill reported by a joint select committee passes the	116
house of origin, its subsequent introduction in the second house	117
constitutes second consideration of the bill in that house. The	118
introduction and second consideration of the bill shall be	119
recorded in the journal of the second house.	120

A bill or joint or concurrent resolution reported by a joint	121
select committee is not required to be referred to a Senate or	122
House standing or select committee or subcommittee.	123

Rule 6. (Joint select committees: quorum; voting.) A majority	124
of the Senate members and a majority of the House members of a	125
joint select committee is a quorum. Each member of a joint select	126
committee has one vote. A joint select committee may not take any	127
action unless the action is agreed to by a majority of its members	128
on the part of the Senate and by a majority of its members on the	129
part of the House. However, except for reporting a bill or joint	130
or concurrent resolution with a recommendation that it be	131
indefinitely postponed or passed or adopted, a joint select	132
committee, by vote of a majority of its members on the part of the	133
Senate and a majority of its members on the part of the House, may	134
choose to take any action upon agreement, not of separate	135
majorities, but of a majority of all the members of the whole	136
joint select committee.	137

A proxy vote in a joint select committee is invalid. A member	138
of a joint select committee who is present shall vote unless	139
excused by the joint select committee. A member of a joint select	140
committee is not entitled to vote except while actually present in	141
a meeting of the joint select committee, unless the member has	142
first actually been present in the meeting, and the vote is	143
continued for members who, before the vote, were actually present	144
in, but at the time of the vote are absent from, the meeting.	145
Continuation of a vote may not extend later than midnight of the	146
day on which the vote was continued.	147

Rule 7. (Joint select committees: subpoena power; power to	148
administer oaths.) The chairman of a joint select committee, when	149
authorized by the joint select committee and by the President and	150
Speaker, may issue subpoenas and subpoenas duces tecum in aid of	151
the joint select committee's consideration of a bill or joint or	152
concurrent resolution that has been referred to the joint select	153
committee. Subpoenas may require witnesses in any part of the	154
state to appear before the joint select committee at a time and	155
place designated in the subpoena to testify. Subpoenas duces tecum	156
may require witnesses or other persons in any part of the state to	157
produce books, papers, records, and other tangible evidence before	158
the joint select committee at a time and place designated in the	159
subpoena duces tecum. A subpoena or subpoena duces tecum shall be	160
issued, served, and returned, and have consequences, as provided	161
in sections 101.41 to 101.45 of the Revised Code.	162

The chairman of a joint select committee may administer oaths	163
to witnesses appearing before the joint select committee.	164

Rule 8. (Joint select committees: open meetings.) All	165
meetings of a joint select committee shall be open to the public	166
unless closed in accordance with Ohio Constitution, Article II,	167
Section 13.	168

The chairman of a joint select committee, not later than two	169
days before a meeting of the joint select committee, shall give	170
due notice of the meeting. The notice shall identify the joint	171
select committee, identify the chairman, state the time and place	172
at which the meeting will be held, and set forth an agenda showing	173
the bill or joint or concurrent resolution that will be considered	174
at the meeting. If an emergency requires consideration of a bill	175
or joint or concurrent resolution at a meeting, and two days'	176
advance notice of the meeting therefore is impractical, the	177
chairman may schedule an emergency meeting of the joint select	178
committee by giving twenty-four hours' advance notice of the	179
emergency meeting to the news media that have requested such	180
notification and the bill or joint or concurrent resolution then	181
may be considered at the emergency meeting as the emergency	182
requires.	183

A joint select committee shall not meet during a session of	184
the Senate or House, except by special leave of that house.	185

Rule 9. (Joint select committees: records.) The chairman of a	186
joint select committee shall maintain a record of evidence that is	187
presented before, or obtained by, the joint select committee.	188

The joint select committee shall keep minutes of its	189
proceedings and at each meeting except the first shall approve the	190
minutes taken at the previous meeting, or, if the minutes require	191
correction, shall correct and approve the minutes. The joint	192
select committee shall maintain a record of its approved minutes,	193
and promptly after approval shall file a copy of its minutes with	194
the Clerk of the Senate and Clerk of the House.	195

When a joint select committee concludes its work, or upon	196
sine die adjournment of the house of which the joint select	197
committee's chairman is a member, the chairman shall deliver all	198
the joint select committee's records to the Clerk of the Senate if	199
the chairman is a member of the Senate or to the Clerk of the	200
House if the chairman is a member of the House.	201

VETOES	202

Rule 10. (Question when bill is vetoed.) When under Ohio	203
Constitution, Article II, Section 16, a message is transmitted to	204
the house of origin by the Governor, expressing disapproval of any	205
bill or item of an appropriation bill that has been passed by the	206
General Assembly, the house of origin may reconsider and repass	207
the bill or item. If the house of origin repasses the bill or	208
item, it shall send the bill or item, together with the message of	209
the Governor expressing disapproval, to the other house, which	210
then may reconsider and repass the bill or item. A vetoed bill or	211
item shall be repassed by not fewer than three-fifths of the	212
members elected to each house, and in no case by a fewer number of	213
votes than was constitutionally required upon its original	214
passage. The question upon reconsidering a vetoed bill in either	215
house shall be presented as follows: "Shall the bill (or item or	216
items of an appropriation bill) be passed notwithstanding the	217
objections of the Governor?" The vote shall be taken in either	218
house by calling the yeas and nays and shall be recorded in the	219
journal.	220

BILLS	221

Rule 11. (Form of bills introduced.) Bills introduced in	222
either house shall be printed, shall bear the name of the author,	223
and must in all respects, as to form, comply with the laws and the	224
rules of both houses of the General Assembly.	225

Rule 12. (Content of title of bills.) Bills shall have noted	226
in their titles a distinct reference to the subject or matter to	227
which they relate and also, if they propose the amendment or	228
repeal of any law, to the section proposed to be amended or	229
repealed.	230

Rule 13. (Printing of bills and resolutions.) Bills and joint	231
and concurrent resolutions, unless otherwise ordered by the house	232
in which they are introduced or offered, shall be printed and	233
available for distribution upon first consideration.	234

Rule 14. (Drafting of bills.) Bills shall be submitted for	235
introduction with all material double-spaced. The Legislative	236
Service Commission shall determine the size of the paper on which	237
bills shall be printed and the manner in which all new language	238
and punctuation to be amended or enacted into the Revised Code and	239
all language and punctuation to be eliminated from an existing	240
section of the Revised Code shall be formatted.	241

CONCURRENCE	242

Rule 15. (When notice of action on bills or resolutions shall	243
be given to the other house.) When a bill or joint or concurrent	244
resolution has been passed or adopted in either house, notice	245
shall be forthwith given to the other house. When a bill or joint	246
or concurrent resolution that has been passed or adopted in one	247
house is rejected or lost in the other, or postponed indefinitely,	248
notice thereof shall forthwith be given to the other house.	249

Rule 16. (Procedure when a bill or resolution is amended by	250
the other house.) When a bill or joint or concurrent resolution	251
has passed or been adopted in one house, and been amended, passed	252
or adopted, and returned by the other, it shall lie over one	253
calendar day, unless otherwise ordered by a majority of the	254
members elected to the house to which it was returned. The	255
amendment shall be printed in the journal of the house to which it	256
was returned. The bill or joint or concurrent resolution shall be	257
placed on the calendar. The calendar shall show on what page of	258
the journal the amendment has been printed.	259

When taken up, the question shall be on the concurrence in	260
the amendment of the other house and no motions shall be in order	261
except (1) a motion to informally pass or (2) if the rules of the	262
member's house authorize such a motion, a motion of a member to	263
add or remove the member's name from the bill or joint or	264
concurrent resolution. The same number of votes shall be required	265
to concur in the amendment as was required to pass or adopt the	266
bill or joint or concurrent resolution in the house in which it	267
originated; if the question be upon concurrence in an amendment to	268
a bill which has passed the other house as an emergency measure,	269
then a vote shall be taken first, upon the emergency features of	270
the bill and second, upon concurrence in the amendment. The same	271
number of votes shall be required on each vote as was required to	272
pass the bill as an emergency measure. If such house refuses to	273
concur in the amendment to the bill or joint or concurrent	274
resolution, or if the house refuses to agree to the emergency	275
features of the bill, notice shall be forthwith sent to the other	276
house where the proceedings shall be either:	277

First, to insist upon its amendment and ask for a committee	278
of conference;	279

Second, to recede from its amendment, which has the effect of	280
passing the bill or adopting the joint or concurrent resolution in	281
the form in which it passed or was adopted by the house in which	282
it originated; or	283

Third, to adhere to its amendment, which precludes a	284
committee of conference.	285

COMMITTEE OF CONFERENCE	286

Rule 17. (Membership of committee; acceptance of report.) All	287
committees of conference are joint committees that shall consist	288
of three members of the Senate and three members of the House of	289
Representatives unless committee membership is otherwise specially	290
ordered by both houses.	291

If a committee of conference has under consideration a House	292
bill or joint or concurrent resolution, the first-named House	293
member shall be chair of the committee. If the committee has a	294
Senate bill or joint or concurrent resolution under consideration,	295
the first-named Senate member shall be chair.	296

A question in a committee of conference shall be decided by	297
at least a majority of the members on the part of the Senate and a	298
majority of the members on the part of the House. However, except	299
for the question of agreeing to the committee's report, the	300
committee, by vote of a majority of its members on the part of the	301
Senate and a majority of its members on the part of the House, may	302
choose to decide a question, not by separate majorities, but by a	303
majority of all the members of the whole committee.	304

Rule 18. (Procedure when the committee disagrees.) Whenever	305
any committee of conference cannot reach agreement, another	306
committee may be appointed; and if either of the two houses	307
disagrees to any report of a committee of conference, such house	308
shall forthwith notify the other house of such disagreement, and	309
upon request of that house another committee shall be appointed.	310

If the disagreeing house does not make such a request, the	311
committee of conference whose report was refused may proceed to	312
propose another report.	313

Rule 19. (What the report may include.) A committee of	314
conference appointed to consider matters of difference between the	315
two houses upon any bill or joint or concurrent resolution may	316
consider and include in its report any amendments pertinent to the	317
bill or joint or concurrent resolution, provided such amendments	318
relate exclusively to the original matters of difference between	319
the two houses.	320

Rule 20. (When the report of the committee is in order;	321
consideration.) The report of a committee of conference cannot be	322
laid on the table, referred to a committee, or indefinitely	323
postponed, and must be voted upon as a whole.	324

Conference committee reports shall lie over at least one day	325
after conference committee approval before the House or Senate may	326
consider them, unless otherwise ordered by a majority vote of all	327
the members present in that house.	328

Rule 21. (Where the papers are to be filed.) When a committee	329
of conference has met and come to an agreement, or where no	330
agreement is reached, the bill or joint or concurrent resolution	331
and papers adhering thereto shall remain in the house in which the	332
bill or joint or concurrent resolution originated.	333

Rule 22. (Vote required by each house.) The yeas and nays	334
shall be called upon agreeing to the report of the committee of	335
conference, and except as otherwise provided in this rule, no such	336
report shall be agreed to unless it receives the vote of a	337
majority of the members elected to each house.	338

In the case of emergency bills, or bills to which an	339
emergency clause was attached by the committee of conference, the	340
report shall receive two votes of two-thirds of the members	341
elected to each house. The question on the first such vote shall	342
be: "Shall the emergency clause of the bill stand as part of the	343
report?" The question on the second such vote shall be: "Shall the	344
report of the committee of conference be agreed to as an emergency	345
measure?"	346

In the case of joint resolutions proposing amendments to the	347
Ohio Constitution, the report shall receive the votes of not fewer	348
than three-fifths of the members elected to each house. The joint	349
resolution shall be spread in full upon the journal of each house.	350

When the question of agreeing to the report of a committee of	351
conference is taken up, no motions are in order except (1) a	352
motion to informally pass or (2) if a rule of the member's house	353
authorizes such a motion, a member's motion to add or remove the	354
member's name from the bill or joint or concurrent resolution.	355

MESSAGES	356

Rule 23. (By and to whom delivered.) All messages sent from	357
one house to the other shall be carried by an officer or employee	358
of the sending house, who shall take a receipt for the same from	359
the message clerk of the receiving house to whom the officer or	360
employee delivers the message. The message clerk shall deliver the	361
message without delay to the clerk of the receiving house and take	362
a receipt therefor from the receiving clerk or one of the	363
receiving clerk's assistants authorized by the receiving clerk to	364
receipt for messages. The receiving clerk shall deliver each	365
message to the presiding officer of the receiving house, who	366
shall, in the proper order of business, and within a reasonable	367
time, lay it before the house.	368

ENGROSSMENT OF BILLS AND RESOLUTIONS	369

Rule 24. (Manner of engrossment of bills and resolutions.)	370
All bills and resolutions, before they are passed or adopted by	371
either house, shall be carefully engrossed in printing, and the	372
engrossed copy shall be carefully compared with the original bill	373
or resolution and with the journal showing the amendments agreed	374
to.	375

Rule 25. (Printing.) When the Clerk of the Senate or Clerk of	376
the House is required to print a bill, resolution, report, or	377
other document belonging to or in the possession of the Senate or	378
House, the Clerk may use a method of printing as contemplated by	379
sections 101.51 to 101.524 of the Revised Code.	380

Rule 26. (Manner of engrossment when bill or resolution	381
amended by the other house.) When a bill or joint or concurrent	382
resolution has passed or been adopted in one house, and been	383
amended in the other, the bill or joint or concurrent resolution,	384
as amended, shall be fully engrossed, and both returned, with the	385
engrossed bill or joint or concurrent resolution received from the	386
other house, to the house in which it originated. In such	387
engrossments, amendments shall be engrossed in printing. Whenever	388
a bill or joint or concurrent resolution is passed or adopted in	389
one house and sent to the other and a substitute therefor is	390
agreed to by such house, in the communications between the houses,	391
such substitutes shall be designated and treated as an amendment	392
to the original bill or resolution.	393

SIGNING OF BILLS AND JOINT RESOLUTIONS	394

Rule 27. (Who shall sign bills and joint resolutions;	395
procedure when bill vetoed by Governor.) All bills and joint	396
resolutions that have passed or been adopted in both houses shall	397
be first signed by the presiding officer of the House of	398
Representatives, and then by the presiding officer of the Senate,	399
the latter delivering the same to the Clerk of the Senate, who	400
shall deliver each bill so passed to the Governor, taking a	401
receipt therefor, and each joint resolution to the Secretary of	402
State, taking a receipt therefor. When any bill is vetoed by the	403
Governor and subsequently enacted into law over such veto, in	404
accordance with Ohio Constitution, Article II, Section 16, the	405
enrolled copy shall be endorsed with the record of the proceedings	406
in each house subsequent to the veto attested by the presiding	407
officer of the House and the presiding officer of the Senate, and	408
the presiding officer of the second house shall file it with the	409
Secretary of State.	410

GENERAL PROCEDURE	411

Rule 28. (Floor privileges for the news media.) Whenever the	412
two branches of the General Assembly are convened in joint	413
convention, representatives of the press and representatives of	414
radio and television stations and broadcasting networks shall be	415
granted floor privileges in the same manner provided for by the	416
Rules of the House of Representatives.	417

Rule 29. (Letters and simple resolutions.) When a member of	418
the House of Representatives and a member of the Senate jointly	419
request on behalf of the House and Senate letters or simple	420
resolutions conveying messages of commendation, congratulation,	421
recognition, or condolence to persons or organizations named in	422
such request, the Speaker of the House shall sign on behalf of the	423
House and the President of the Senate shall sign on behalf of the	424
Senate.	425

The Clerk of the Senate or Clerk of the House shall arrange	426
for the transmittal of such message to persons or organizations	427
designated in the request and shall keep a record of the	428
distribution of such letters and resolutions, which record shall	429
be open for inspection by any member of the General Assembly.	430

Rule 30. (Suspension of Joint Rules.) Except as otherwise	431
explicitly provided in the Joint Rules, no joint rule may be	432
suspended or altered except by joint resolution adopted by	433
two-thirds vote of each house of the General Assembly.	434