Bill Text: OH SR17 | 2011-2012 | 129th General Assembly | Enrolled
Bill Title: To amend Senate Rules 20, 21, 27, 35, 37, 40, 42, 53,
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2011-02-01 - Adopted [SR17 Detail]
Download: Ohio-2011-SR17-Enrolled.html
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Senator Faber
To amend Senate Rules 20, 21, 27, 35, 37, 40, 42, 53, | 1 |
54, 55, 93, 96, 97, 108, and 110 to change | 2 |
references to the Committee on Rules, and | 3 |
references to the Committee on Reference, to apply | 4 |
to the Committee on Rules and Reference. | 5 |
BE IT RESOLVED BY THE SENATE OF THE STATE OF OHIO:
That Senate Rules 20, 21, 27, 35, 37, 40, 42, 53, 54, 55, 93, | 6 |
96, 97, 108, and 110 be amended to read as follows: | 7 |
Rule 20. (Committee Chairperson; Expenses; Attendance of | 8 |
Witnesses.) The President shall designate a chairperson and | 9 |
vice-chairperson as well as a ranking minority member for each | 10 |
committee. The Minority Leader of the Senate may recommend the | 11 |
ranking minority member for each committee. In the absence of the | 12 |
chairperson or vice-chairperson, the committee may designate a | 13 |
chairperson. | 14 |
The President may be substituted as a voting member of any | 15 |
committee and the committee records shall reflect such fact and | 16 |
the committee member for whom the President has been substituted. | 17 |
The Minority Leader shall be an ex-officio nonvoting member of | 18 |
each committee and the President may, at the Minority Leader's | 19 |
request, substitute the Minority Leader as a voting member of any | 20 |
committee and the committee records shall reflect such fact and | 21 |
the committee member for whom the Minority Leader has been | 22 |
substituted. | 23 |
No committee or member thereof shall be permitted to incur | 24 |
any expenses without first receiving the written consent of the | 25 |
President or the Committee on Rules and Reference. Authorization | 26 |
by the Committee on Rules and Reference shall be signed by the | 27 |
Chairperson of the Committee on Rules and Reference. | 28 |
When authorized by the President, the chairperson of a | 29 |
standing committee of the Senate, with respect to any pending or | 30 |
contemplated legislation, or with respect to any matter committed | 31 |
to the standing committee, or the chairperson of a select | 32 |
committee of the Senate, with respect to any matter committed to | 33 |
the select committee, may issue a subpoena under sections 101.41 | 34 |
to 101.46 of the Revised Code, or may issue an order under section | 35 |
101.81 of the Revised Code, to compel the attendance of witnesses | 36 |
or the production of books, papers, or other tangible evidence. | 37 |
Rule 21. (Committee Meetings, Called by, Rules, Record.) Each | 38 |
committee shall meet upon the call of its chairperson, and in case | 39 |
of the chairperson's absence, or refusal to call the committee | 40 |
together, a meeting may be called by a majority of the members of | 41 |
the committee. At least two days preceding the day bills or joint | 42 |
resolutions to propose a constitutional amendment are to be given | 43 |
a first hearing, the Clerk shall post in the Clerk's office the | 44 |
schedule of such bills and joint resolutions in each standing | 45 |
committee or subcommittee with the exception of the standing | 46 |
Committee on Rules and Reference. In a case of necessity, the | 47 |
notice of hearing may be given in a shorter period than two days | 48 |
by such reasonable method as shall be prescribed by the Committee | 49 |
on Rules and Reference. | 50 |
Where applicable, the rules of the Senate apply to the | 51 |
committee proceedings of the Senate. In addition, all committee | 52 |
meetings shall be governed by section 101.15 of the Revised Code. | 53 |
On any occasion when a majority or more of the members of a | 54 |
standing committee, select committee, or subcommittee of a | 55 |
standing or select committee of the Senate meet together for a | 56 |
prearranged discussion of the public business of the committee or | 57 |
subcommittee, the meeting shall be open to the public unless | 58 |
closed in accordance with Ohio Constitution, Article II, Section | 59 |
13. | 60 |
Rule 27. (Records to be Kept.) Each committee shall keep | 61 |
minutes of its proceedings, including a record of committee | 62 |
attendance and the names of all persons who speak before the | 63 |
committee, whether such persons are a proponent, opponent, or | 64 |
other interested party on the issue on which they appear, the | 65 |
names of the persons, firms, associations, or corporations in | 66 |
whose behalf such persons appear, and such other matters as may be | 67 |
directed by the Committee on Rules and Reference. A record of | 68 |
motions and the votes thereon shall be kept by the committee. | 69 |
Rule 35. (Bills, Second Consideration and Committee on Rules | 70 |
and Reference, Public Hearing.) On the second reading of a bill, | 71 |
the Committee on Rules and Reference shall, if no motion or order | 72 |
be made to the contrary, refer the bill to the proper standing | 73 |
committee in regular order. Further, no bill shall be reported for | 74 |
a third reading and passage unless the same shall have been | 75 |
considered at a meeting of the committee to which the same has | 76 |
been referred. | 77 |
All Senate bills and resolutions referred by the Committee on | 78 |
Rules and Reference on or before the first day of April in an | 79 |
even-numbered year shall be scheduled by the chairperson of the | 80 |
committee to which the same has been referred for a minimum of one | 81 |
public hearing. | 82 |
Rule 37. (Recommitment of Bills.) At any time before its | 83 |
passage, a bill or resolution may be recommitted or rereferred by | 84 |
a majority vote of the Senate or the Committee on Rules and | 85 |
Reference. | 86 |
Rule 40. (Bills Placed on Calendar, When.) Unless the Senate | 87 |
otherwise orders, all bills and resolutions reported by a | 88 |
committee with a recommendation for passage or adoption shall be | 89 |
placed on the calendar with an indication that the bills and | 90 |
resolutions have been recommended for passage or adoption by the | 91 |
designated committees. Bills and resolutions recommended by | 92 |
designated committees may be arranged on the calendar under the | 93 |
regular order of business by action of the Committee on Rules and | 94 |
Reference, pursuant to Rule 96. | 95 |
Rule 42. (Carried Over to Succeeding Day.) When a bill which | 96 |
has been set for a third consideration on a particular day shall | 97 |
for any reason not be reached on that day, it shall stand for | 98 |
third consideration on the first succeeding day when bills for | 99 |
third consideration shall be reached in the regular order of | 100 |
business, except as may be otherwise provided by the Committee on | 101 |
Rules and Reference. | 102 |
Rule 53. (Resolutions, How Offered; Special Committees by.) | 103 |
Resolutions may be offered by a senator in the senator's | 104 |
individual capacity, or as a report of a committee in the regular | 105 |
order of business, or at any time on leave of the Senate. Any | 106 |
resolution proposing the creation of a special investigating | 107 |
committee shall be, upon its introduction, automatically referred | 108 |
to the Committee on Rules and Reference. This rule shall be | 109 |
dispensed with only by a two-thirds vote of the Senate. | 110 |
Rule 54. (Resolutions, When Considered.) Resolutions to be | 111 |
introduced in the Senate shall be typewritten, shall be in | 112 |
quadruplicate, shall bear the name of the author and co-authors, | 113 |
if any, and shall be filed in the Clerk's office at least one hour | 114 |
prior to the next convening session of the Senate. All resolutions | 115 |
offered in the Senate shall be considered immediately by either | 116 |
being adopted or referred to the Committee on Rules and Reference, | 117 |
except as provided in Rules 53 and 55. If so referred, the | 118 |
Committee on Rules and Reference shall examine and otherwise | 119 |
consider the resolution, and may indefinitely postpone it, refer | 120 |
it to another standing committee, or report it back to the Senate. | 121 |
All death, commemorative, and congratulatory resolutions | 122 |
shall be printed by title only unless otherwise ordered by a | 123 |
majority vote of the members elected. | 124 |
Upon reading a resolution from the House, such resolution | 125 |
shall be considered immediately by either being adopted or | 126 |
referred to the Committee on Rules and Reference. If so referred, | 127 |
the Committee on Rules and Reference shall examine and otherwise | 128 |
consider the resolution, and may indefinitely postpone it, refer | 129 |
it to another standing committee, or report it back to the Senate. | 130 |
It shall be a prerogative of the presiding officer to | 131 |
consolidate into a single motion for consideration by the Senate | 132 |
some or all commemorative and congratulatory resolutions offered | 133 |
for adoption on any particular legislative day. Should the | 134 |
presiding officer exercise this prerogative, which shall be called | 135 |
a President's Prerogative, the presiding officer shall direct the | 136 |
Clerk to supply a list entitled President's Prerogative | 137 |
Resolutions which identifies by title all resolutions proposed to | 138 |
be adopted by a single vote. This list shall be supplied to all | 139 |
members prior to a vote on said resolutions. The presiding officer | 140 |
shall put the following question: "Shall the resolutions listed | 141 |
under the President's Prerogative be adopted?" | 142 |
Rule 55. (Concurrent Resolutions, Agency Rule Review.) The | 143 |
Chairperson or Vice-Chairperson of the Joint Committee on Agency | 144 |
Rule Review shall offer under the ninth order of business listed | 145 |
in Rule 7, all concurrent resolutions recommended by that | 146 |
committee for adoption by the Senate. The resolution shall be | 147 |
offered within three Senate legislative days after the date of | 148 |
recommendation by the joint committee, and shall that day be | 149 |
referred to the Committee on Rules and Reference, which shall | 150 |
place the resolution on the Senate calendar for consideration | 151 |
within twelve calendar days; but the resolution shall be offered | 152 |
and taken up for consideration on an earlier legislative day if | 153 |
necessary to permit its adoption within the period of time | 154 |
specified by section 119.03 of the Revised Code for invalidating a | 155 |
proposed rule, amendment, rescission, or any part thereof. | 156 |
Rule 93. (If under Consideration When Adjourned.) A bill or | 157 |
resolution under consideration when adjournment is taken shall be, | 158 |
when its order of business on the succeeding day is reached, the | 159 |
first question before the Senate in that order of business, except | 160 |
as otherwise provided by the Committee on Rules and Reference. | 161 |
Rule 96. (Committee on Rules and Reference.) The standing | 162 |
Committee on Rules and Reference shall have the power to prescribe | 163 |
the order of business of the Senate and shall arrange and post the | 164 |
calendar at least one calendar day in advance, so that all matters | 165 |
shall appear thereon for the consideration of the Senate with | 166 |
reference to their importance. Measures expected to be reported by | 167 |
committee may be placed conditionally on the calendar for | 168 |
consideration by the Senate in the regular order of business, and | 169 |
may be carried over to a succeeding legislative day, subject to | 170 |
favorable action by committee. In a case of necessity, the | 171 |
Chairperson of the Committee on Rules and Reference may call a | 172 |
special meeting upon proper notice to add a bill to the calendar | 173 |
upon a majority vote. One day's notice shall not be required for | 174 |
calendars during the first week after an adjournment of more than | 175 |
five calendar days. | 176 |
177 | |
Rule 97. (Executive Appointments.) When executive | 178 |
appointments are received by the Senate they shall, unless the | 179 |
Senate otherwise orders, be referred to the Committee on Rules and | 180 |
Reference. The Committee on Rules and Reference may refer the | 181 |
appointments to another committee. | 182 |
Rule 108. (Press Privileges, How Obtained.) Representatives | 183 |
of the press desiring the privileges of the press area of the | 184 |
Senate floor shall make application to the President of the Senate | 185 |
and shall state in writing for what paper or papers or legislative | 186 |
information services, magazines, or their affiliates they are | 187 |
employed; and shall further state that they are not engaged in the | 188 |
prosecution of claims pending before the General Assembly and will | 189 |
not become so engaged while allowed the privileges of the floor; | 190 |
and that they are not in any sense the agents or representatives | 191 |
of persons or corporations having legislation before the General | 192 |
Assembly, and will not become either while retaining their | 193 |
privileges. Visiting newspaper writers and editors may be allowed, | 194 |
temporarily, the privileges herein mentioned, but they must | 195 |
conform to the restrictions prescribed. | 196 |
The application required by the above rule shall be | 197 |
authenticated in a manner that shall be satisfactory to the | 198 |
Executive Committee of the Ohio Legislative Correspondents' | 199 |
Association, who shall see that the privileges of the floor be | 200 |
granted to representatives of the press association serving | 201 |
newspapers of general circulation, bona fide correspondents of | 202 |
reputable standing in their profession who represent newspapers of | 203 |
general circulation or magazines, or representatives of daily | 204 |
legislative information services of known standing and integrity, | 205 |
or their affiliates; organized for that one purpose and not | 206 |
controlled by or connected with an association, firm, corporation, | 207 |
or individual representing any trade, profession, or other | 208 |
commercial enterprise, and which have been in continuous and bona | 209 |
fide operation for such a period of years immediately prior to the | 210 |
date of making application for floor privileges as will have made | 211 |
possible the establishment of a reputation for honesty and | 212 |
integrity; and it shall be the duty of the Executive Committee of | 213 |
the Ohio Legislative Correspondents' Association, at its | 214 |
discretion, to report violations of the privileges herein granted, | 215 |
to the Committee on Rules and Reference. | 216 |
Rule 110. (Privileges, How Revoked.) Upon complaint that any | 217 |
person has abused the privileges granted the person under Rule 108 | 218 |
or 109, such complaint shall be submitted to the standing | 219 |
Committee on Rules and Reference for investigation, and such | 220 |
Committee shall notify the person so charged of the time and place | 221 |
for hearing, and if such accusation be sustained, such person or | 222 |
persons, upon the report of the Committee, shall be debarred from | 223 |
the privileges theretofore granted. | 224 |