Bill Text: OH SR6 | 2011-2012 | 129th General Assembly | Enrolled

Bill Title: As Adopted by the Senate 129th General AssemblyRegular Session2010-2011S. R. No. 6 Senator Faber

Spectrum: Partisan Bill (Republican 6-0)

Status: (Passed) 2011-01-11 - Adopted [SR6 Detail]

Download: Ohio-2011-SR6-Enrolled.html
As Adopted by the Senate

129th General Assembly
Regular Session
S. R. No. 6

Senator Faber 

Cosponsors: Senators Stewart, Patton, Wagoner, Lehner, Daniels 

To adopt Rules of the Senate for the 129th General 1


       RESOLVED, That the following are the Rules of the Senate for 3
the 129th General Assembly:4




       Rule 1. (Time of Sessions.) The sessions of the Senate shall 8
be held at such times as are determined by the President. For the 9
months of January through June in each year, and separately for 10
the months of July through December in each year, the President, 11
at the beginning of each six-month period, shall establish a 12
schedule of dates and times according to which the Senate shall 13
hold sessions and at which roll call votes are taken. The schedule 14
and any revision or supplement thereto shall be published and a 15
copy provided to each senator.16

       Rule 2. (May Select Senator to Preside.) The President may 17
name any senator to perform the duties of the chair, but such 18
substitution shall not extend beyond an adjournment; nor shall any 19
senator so named attest any document as President or President Pro 20
Tempore of the Senate.21

       Rule 3. (Clerk Shall Call Senate to Order.) When both the 22
President and the President Pro Tempore are absent at the hour to 23
which the Senate has adjourned or taken a recess, the Clerk shall 24
call the Senate to order and the Senate shall proceed to select 25
some member to act as presiding officer until the President or 26
President Pro Tempore is present, or an adjournment is taken.27

       Rule 4. (President to Enforce Rules.) The President shall 28
enforce the rules of the Senate. The President shall preserve 29
order and decorum in the proceedings of the Senate; and in case of 30
any disturbance or disorderly conduct in the lobby the President 31
shall have the power to order the same to be cleared. When the 32
Senate is recessed or adjourned, the Clerk shall be responsible 33
for the preservation of order and decorum in the Senate Chamber. 34
The Clerk shall post in the Clerk's office the times of opening 35
and closing to the public.36

       The Senate Chamber, Senate offices, Senate committee and 37
conference rooms, the Members' Lounge, and all adjoining spaces 38
shall be designated as non-smoking areas. This rule shall be 39
strictly enforced.40

       Rule 5. (Signing of Acts, etc.) The President or, in the 41
President's absence, the President Pro Tempore shall sign all acts 42
and joint resolutions when passed or adopted by both houses; and 43
all writs and all warrants and subpoenas issued by the action of 44
the Senate shall be signed by the President and attested to by the 45
Clerk. Initiation and defense of legal actions by the Senate shall 46
be decided by the President. The President Pro Tempore, in the 47
absence of the President, shall have all the rights, privileges, 48
authority, duties, and responsibilities of the President.49


       Rule 6. (Daily Order, Prayer, Pledge of Allegiance, and 51
Reading of Journal.) As soon as the Senate is called to order 52
prayer may be offered, the pledge of allegiance to the flag may be 53
said, and, a quorum being present, the Journal of the preceding 54
legislative day shall be read by the Clerk.55

       Rule 7. (Order of Business.) As soon as the Journal is read 56
and approved, the order of business shall be as follows:57

       1. Reports of reference and bills for second consideration.58

       2. Reports of standing and select committees.59

       3. House amendments to Senate bills and resolutions.60

       4. Reports of conference committees.61

       5. Resolutions, including joint resolutions and concurrent 62
resolutions, reported by committee.63

       6. Bills for third consideration.64

       7. Motions.65

       8. Introduction and first consideration of bills.66

       9. Offering of resolutions and adoption of resolutions not 67
referred to committee.68

       Rule 8. (Order of Business, How Changed.) The business of the 69
Senate shall be disposed of in the order provided by Rule 7. To 70
revert to or advance to a new order of business requires only a 71
majority vote of the members of the Senate.72

       Rule 9. (Message from House and Executive.) Messages from the 73
House and communications from any branch of the executive 74
department of the state may be received by the Clerk at any time, 75
except when the yeas and nays are being called.76

       Rule 10. (Majority Constitutes Quorum, Less May Compel 77
Attendance.) A majority of all members elected to the Senate shall 78
constitute a quorum, but a less number may compel the attendance 79
of absent members or adjourn from day to day.80

       Rule 11. (Absence of Quorum, No Business, Procedure.) Should 81
a roll call show the absence of a quorum, the President shall 82
direct the Sergeant-at-Arms to dispatch the Sergeant-at-Arms's 83
messengers for the absentees and until a quorum is present no 84
business shall be in order except a motion to adjourn and the 85
enforcement of the attendance of the absentees.86

       Rule 12. (Call of Senate, How Demanded.) Any senator may 87
demand a call of the Senate providing the demand is seconded by 88
three other senators and upon such call the names of the senators 89
shall be called by the Clerk in their alphabetical order and the 90
names of the absentees entered upon the Journal.91

       Rule 13. (Procedure under Call of Senate.) While the Senate 92
is under call the doors shall be closed; senators shall take and 93
remain in their seats and no senator shall be permitted to leave 94
the Chamber unless by a majority vote of the senators present.95

       Rule 14. (Call of Senate, Absentees Brought in.) On the 96
completion of the roll call on the call of the Senate, the 97
President shall direct the Sergeant-at-Arms to bring in the 98
absentees, if any, and until such absentees have appeared at the 99
bar of the Senate and answered to their names, no business shall 100
be in order except a motion to adjourn and a motion to dispense 101
with further proceedings under the call.102

       Rule 15. (Call of Senate, Motion to Adjourn if Defeated.) 103
During a call of the Senate, if a motion to adjourn has been voted 104
down, it shall not be renewed until a motion to dispense with the 105
call has been voted upon, or until an additional senator has 106
appeared and answered to the roll call. A motion to dispense with 107
further proceedings under the call shall not be made in the 108
absence of quorum.109

       Rule 16. (After Call of Senate, Senator Cannot Leave.) When a 110
call of the Senate has been completed and further proceedings 111
under the call have been dispensed with, no senator shall be 112
permitted to leave the Chamber until the order of business for 113
which the call was demanded has been disposed of, except by leave 114
of a majority of the senators elected.115


       Rule 17. (Absences, Must be Excused.) Any absence of a member 117
from a session of the Senate must be excused. Before a member may 118
be excused from such an absence from a voting session, the member 119
shall submit an explanation for the absence in writing to the 120
Clerk. A member shall be automatically excused from a nonvoting 121

       Rule 18. (Mileage Reimbursement, Payment of.) The 123
reimbursement based on mileage as provided for in section 101.27 124
of the Revised Code shall be paid to each qualifying member by the 125
Clerk unless a member is not present in Columbus during a week.126


       Rule 19. (Appointment of.) At as early a date as practicable 128
after the organization of the Senate, the President of the Senate, 129
by message, shall name and appoint standing committees. In 130
addition, the President of the Senate, by message, shall name, and 131
may substitute, members of the Senate to serve on boards, 132
commissions, task forces, and other bodies created by law and on 133
which Senate members are eligible to serve, except as otherwise 134
provided. The Minority Leader of the Senate may recommend minority 135
party members for each committee.136

       Rule 20. (Committee Chairperson; Expenses; Attendance of 137
Witnesses.) The President shall designate a chairperson and 138
vice-chairperson as well as a ranking minority member for each 139
committee. The Minority Leader of the Senate may recommend the 140
ranking minority member for each committee. In the absence of the 141
chairperson or vice-chairperson, the committee may designate a 142

       The President may be substituted as a voting member of any 144
committee and the committee records shall reflect such fact and 145
the committee member for whom the President has been substituted. 146
The Minority Leader shall be an ex-officio nonvoting member of 147
each committee and the President may, at the Minority Leader's 148
request, substitute the Minority Leader as a voting member of any 149
committee and the committee records shall reflect such fact and 150
the committee member for whom the Minority Leader has been 151

       No committee or member thereof shall be permitted to incur 153
any expenses without first receiving the written consent of the 154
President or the Committee on Rules. Authorization by the 155
Committee on Rules shall be signed by the Chairperson of the 156
Committee on Rules.157

       When authorized by the President, the chairperson of a 158
standing committee of the Senate, with respect to any pending or 159
contemplated legislation, or with respect to any matter committed 160
to the standing committee, or the chairperson of a select 161
committee of the Senate, with respect to any matter committed to 162
the select committee, may issue a subpoena under sections 101.41 163
to 101.46 of the Revised Code, or may issue an order under section 164
101.81 of the Revised Code, to compel the attendance of witnesses 165
or the production of books, papers, or other tangible evidence.166

       Rule 21. (Committee Meetings, Called by, Rules, Record.) Each 167
committee shall meet upon the call of its chairperson, and in case 168
of the chairperson's absence, or refusal to call the committee 169
together, a meeting may be called by a majority of the members of 170
the committee. At least two days preceding the day bills or joint 171
resolutions to propose a constitutional amendment are to be given 172
a first hearing, the Clerk shall post in the Clerk's office the 173
schedule of such bills and joint resolutions in each standing 174
committee or subcommittee with the exception of the standing 175
Committee on Rules. In a case of necessity, the notice of hearing 176
may be given in a shorter period than two days by such reasonable 177
method as shall be prescribed by the Committee on Rules.178

       Where applicable, the rules of the Senate apply to the 179
committee proceedings of the Senate. In addition, all committee 180
meetings shall be governed by section 101.15 of the Revised Code. 181
On any occasion when a majority or more of the members of a 182
standing committee, select committee, or subcommittee of a 183
standing or select committee of the Senate meet together for a 184
prearranged discussion of the public business of the committee or 185
subcommittee, the meeting shall be open to the public unless 186
closed in accordance with Ohio Constitution, Article II, Section 187

       Rule 22. (May Not Sit During Session of Senate.) No committee 189
shall sit during the daily sessions of the Senate without leave of 190
a majority of the Senate. A committee may sit during a recess from 191
the daily session of the Senate.192

       Rule 23. (Committee Quorum.) A majority of all members of a 193
committee shall constitute a quorum. A less number may meet to 194
hear a measure, but unless a quorum is present, no motion except 195
to adjourn shall be in order.196

       Rule 24. (Votes Required by Committee; Reconsideration by 197
Committee.) The affirmative vote of a majority of all members 198
constituting a committee shall be necessary to agree to any motion 199
to recommend for passage or to postpone indefinitely further 200
consideration of bills or resolutions. Every member present shall 201
vote in the affirmative or the negative except when excused by the 202
committee upon request made prior to the call of the roll. A 203
member may defer the member's vote only during the first call of 204
the roll on any question. No proxy vote shall be valid. At the 205
discretion of the chairperson, the roll call may be continued for 206
a vote by any member who was present at the meeting prior to the 207
roll call on a bill, resolution, or appointment for which the roll 208
call was continued, but the roll shall not remain open later than 209
10:00 a.m. on the next calendar day.210

       A motion to reconsider may be made by any member of a 211
committee, and, except as provided in Rule 25, such motion, to be 212
in order, must be made while the matter proposed to be 213
reconsidered remains before the committee. A motion to reconsider 214
shall not prevail unless it receives the same number of 215
affirmative votes as were required originally to pass the matter 216
proposed to be reconsidered.217

       Rule 25. (Measures Postponed Indefinitely.) Any bill or 218
resolution postponed indefinitely is rejected and shall not be 219
subject to further consideration by the committee, except upon the 220
adoption of a motion for its reconsideration not later than the 221
next meeting of the committee. Notice shall be given immediately 222
to the Clerk when a bill or resolution has been indefinitely 223
postponed. Such measure shall not be reintroduced in the Senate 224
while indefinitely postponed.225

       Rule 26. (Committee Reports, Presentation of House Bills and 226
Resolutions.) Any committee of the Senate may report back to the 227
Senate any measure referred to it, with or without amendments, or 228
may report back a substitute for any measure referred to it. No 229
committee may report back any measure referred to it or any 230
substitute for such measure without recommending its passage or 231
adoption, and the report shall not be received by the Clerk unless 232
signed by the majority of the committee who voted in support of 233
the action. The report shall also contain the signatures of those 234
who voted against adoption or passage, which shall be included in 235
the Journal. No member shall sign a committee report who was not 236
present at the meeting.237

       When a standing committee recommends a House bill for passage 238
or a House joint or concurrent resolution for adoption, the 239
chairperson of the committee shall, when the same is called up for 240
consideration, cause the bill or joint or concurrent resolution to 241
be properly presented to the Senate.242

       Rule 27. (Records to be Kept.) Each committee shall keep 243
minutes of its proceedings, including a record of committee 244
attendance and the names of all persons who speak before the 245
committee, whether such persons are a proponent, opponent, or 246
other interested party on the issue on which they appear, the 247
names of the persons, firms, associations, or corporations in 248
whose behalf such persons appear, and such other matters as may be 249
directed by the Committee on Rules. A record of motions and the 250
votes thereon shall be kept by the committee.251

       Rule 28. (Records Open to Examination; Filing of Records.) 252
During the period of sessions, committee voting records shall be 253
open for examination by any citizen of Ohio at reasonable times 254
and subject to adequate safeguards established by the chairperson 255
to protect and preserve such records. Upon final adjournment of 256
the Senate, the committee records shall be filed with the Clerk. 257
Committee voting records filed with the Clerk shall be open for 258
examination by any citizen of Ohio at reasonable times and subject 259
to adequate safeguards established by the Clerk and the records 260
retention schedule adopted by the Clerk.261

       Rule 29. (Committee Shall Examine Bills, etc.) Every 262
committee to which a bill or resolution is referred shall 263
carefully examine the form, phraseology, punctuation, and 264
arrangement thereof and when necessary report to the Senate 265
amendments to correct the same.266

       Rule 30. (Select Committees, Appointed by.) All committees 267
shall be appointed by the President.268

       Rule 31. (Motion to Commit, Cannot Be Amended.) When a motion 269
is made to commit to a standing committee, it shall not be in 270
order to amend such motion by substitution of any other committee.271

       Rule 32. (Motion to Discharge a Committee.) A motion to 272
discharge a committee of further consideration of a bill or 273
resolution which has been referred to such committee thirty 274
calendar days or more prior thereto, shall be in writing and 275
deposited in the office of the Clerk. Before such motion may be 276
filed with the Clerk, there shall be attached thereto the 277
signatures of a majority of the members elected to the Senate, and 278
each member so signing must do so in the office of the Clerk and 279
in the Clerk's presence, or in the presence of one of the Clerk's 280
assistants. Such motion, together with the signatures, shall be 281
printed in the Journal on the day the motion was filed with the 282
Clerk. Only one motion can be presented for each bill or 283


       Rule 33. (Introduction of Bills.) Bills to be introduced in 286
the Senate shall be typewritten, shall be in quadruplicate, shall 287
bear the name of the author and co-authors, if any, and shall be 288
filed in the Clerk's office at least one hour prior to the next 289
convening session of the Senate.290

       Between the general election and the time for the next 291
convening session, a holdover member or a member-elect may file 292
bills for introduction in the next session with the Clerk's 293
office, and those bills shall be treated as if they were bills 294
introduced on the first day of the session.295

       No bill shall be accepted for filing by the Clerk unless it 296
is presented for filing by a member or member-elect of the Senate, 297
or by the member's legislative aide or administrative assistant 298
with authorization of the senator, and it has first been approved 299
as to form by the Legislative Service Commission and the face of 300
the bill is marked to indicate that approval.301

       When the time for introduction of bills is reached in the 302
regular order of business, the Clerk shall read the bills filed 303
with the Clerk in the same manner as if the bills were introduced 304
from the floor. This rule may be suspended by a majority vote of 305
the members elected.306

       Rule 34. (Bills, Title of.) Bills shall have noted in their 307
title a distinct reference to the subject or matter to which they 308
relate, and if they propose the amendment, enactment, or repeal of 309
any law, to the section proposed to be amended, enacted, or 310

       Rule 35. (Bills, Second Consideration and Committee on 312
Reference, Public Hearing.) On the second reading of a bill, the 313
Committee on Reference shall, if no motion or order be made to the 314
contrary, refer the bill to the proper standing committee in 315
regular order. Further, no bill shall be reported for a third 316
reading and passage unless the same shall have been considered at 317
a meeting of the committee to which the same has been referred.318

       All Senate bills and resolutions referred by the Committee on 319
Reference on or before the first day of April in an even-numbered 320
year shall be scheduled by the chairperson of the committee to 321
which the same has been referred for a minimum of one public 322

       Rule 36. (House Bills Engrossed When Amended.) House bills, 324
when altered or amended by the Senate, shall be engrossed in like 325
manner as Senate bills preparatory to their consideration.326

       Rule 37. (Recommitment of Bills.) At any time before its 327
passage, a bill or resolution may be recommitted or rereferred by 328
a majority vote of the Senate or the Committee on Rules.329

       Rule 38. (Recommitment after Reconsideration.) If a bill or 330
resolution be lost, and the vote reconsidered, such bill or 331
resolution shall not thereafter be committed to other than a 332
standing committee or to a select committee to which the bill or 333
resolution was originally referred.334

       Rule 39. (Special Order, How Made.) A bill or resolution may 335
be made a special order by a three-fifths vote of the Senate.336

       Rule 40. (Bills Placed on Calendar, When.) Unless the Senate 337
otherwise orders, all bills and resolutions reported by a 338
committee with a recommendation for passage or adoption shall be 339
placed on the calendar with an indication that the bills and 340
resolutions have been recommended for passage or adoption by the 341
designated committees. Bills and resolutions recommended by 342
designated committees may be arranged on the calendar under the 343
regular order of business by action of the Committee on Rules, 344
pursuant to Rule 96.345

       Rule 41. (How Taken Up for Consideration.) Resolutions taken 346
up on the calendar under the fifth order of business listed in 347
Rule 7 and bills standing in order for third consideration shall 348
be taken up and read without a motion to that effect, and, unless 349
otherwise ordered by the Senate, the questions shall be, 350
respectively: "Shall the resolution be adopted?" and "Shall the 351
bill pass?"352

       Rule 42. (Carried Over to Succeeding Day.) When a bill which 353
has been set for a third consideration on a particular day shall 354
for any reason not be reached on that day, it shall stand for 355
third consideration on the first succeeding day when bills for 356
third consideration shall be reached in the regular order of 357
business, except as may be otherwise provided by the Committee on 358

       Rule 43. (Bills Taken Up Earlier, How.) When a bill has been 360
ordered for third consideration on a particular day, or at a 361
certain hour, it shall not sooner be taken up except upon 362
three-fifths vote of the senators elected.363

       Rule 44. (Calendar Must Show Amendments.) If a bill is 364
amended before being placed upon the calendar for third 365
consideration, the Clerk shall note on the calendar the fact that 366
it has been amended, and shall cite the date when such amendment 367
was made and the page of the Senate or House Journal upon which 368
such amendment appears. At the time of third consideration, the 369
bill with amendments incorporated shall be supplied to each 370

       The Clerk may post on the calendar under the regular order of 372
business pursuant to Rule 7 the title of bills for which a report 373
of a committee of conference has been filed with the Clerk.374

       When a bill or joint or concurrent resolution has been passed 375
or been adopted in the Senate, and been amended, passed or 376
adopted, and returned by the House, it shall lie over one calendar 377
day, unless otherwise ordered by a majority vote of the Senate.378

       When a report of a committee of conference has been filed 379
with the Clerk, it shall be spread upon the pages of the Journal 380
and lie over one calendar day unless otherwise ordered by a 381
majority vote of the Senate. 382

       Rule 45. (Amendments Provided Before Vote.) Before a vote may 383
be taken upon the question of concurrence in House amendments to a 384
Senate bill or resolution, or upon the question of agreement to 385
the report of a conference committee, each member of the Senate 386
shall be supplied with the amendments made by the House or 387
recommended by the conference committee and each member of 388
majority leadership, each member of the minority leadership, and 389
the sponsor or floor sponsor shall be supplied with the bill or 390
resolution as passed by the Senate.391

       Rule 46. (Synopsis of House Amendments before Vote.) Before a 392
vote is taken on the question of concurrence in House amendments 393
to a Senate bill or resolution, the staff of the Legislative 394
Service Commission shall prepare a synopsis of any substantive 395
amendments made by a House committee to the bill or resolution as 396
passed by the Senate. The staff of the Legislative Service 397
Commission shall make such a synopsis available to each senator at 398
the time the Senate votes on the question of concurrence in the 399
House amendments. The Clerk shall provide each member of the 400
majority leadership, each member of the minority leadership, and 401
the sponsor or floor sponsor with any amendments made by the House 402
during its third consideration of the bill or resolution.403

       Rule 47. (Title of Bill after Passage.) When a bill has 404
passed the Senate, the Clerk shall read its title and the 405
President shall demand if the Senate agrees thereto. Any senator 406
may then request the addition or deletion of a senator's name to 407
the title as a co-sponsor. Prior to passage of a bill, a former 408
senator who no longer is a member of the General Assembly may 409
present a writing to the Clerk requesting deletion of the former 410
senator's name from the title of the bill as sponsor or 411
co-sponsor. The President shall present the request to the Senate, 412
and the Clerk shall spread the request upon the pages of the 413
Journal. When the Senate is agreed, the Clerk shall make out the 414
title accordingly, and certify to the passage of the bill upon its 415

       Immediately after the Senate has voted to concur in House 417
amendments to a bill or resolution, and immediately after the 418
Senate has voted to accept a conference committee report, the 419
President shall demand if the Senate agrees to the co-sponsorship 420
of the bill or resolution. Any senator may then request the 421
addition or deletion of a senator's name from the bill or 422
resolution as co-sponsor. Prior to the vote on concurrence in 423
House amendments to a bill or resolution, and prior to the vote on 424
a conference committee report, a former senator who no longer is a 425
member of the General Assembly may present a writing to the Clerk 426
requesting deletion of the former senator's name from the bill or 427
resolution as sponsor or co-sponsor. The President shall present 428
the request to the Senate, and the Clerk shall spread the request 429
upon the pages of the Journal. When the Senate is agreed, the 430
Clerk shall make out the title of the bill or resolution 431


       Rule 48. (Amendments, Must Be Germane.) No amendment proposed 434
that is not germane to the subject under consideration shall be 435

       Rule 49. (Same Amendment Not Permitted, Except.) Matters 437
inserted in or stricken from a bill by amendment, except an 438
amendment reported by a standing or special committee, may not be 439
subsequently stricken from or inserted in a bill by amendment. But 440
a motion to reconsider will, however, be in order.441

       Rule 50. (Cannot Contain Pending Legislation.) No bill or 442
resolution shall be amended on the floor of the Senate by annexing 443
or incorporating the substance of any other bill or resolution 444
pending before the Senate unless such annexation or incorporation 445
is done by vote of a majority of the senators.446

       Rule 51. (Tabling, Effect on Bill.) When a motion to amend a 447
bill or resolution is laid upon the table or indefinitely 448
postponed, the measure shall not be carried with it but shall be 449
subject to further consideration.450

       Rule 52. (Amendments to Emergency Bills.) Amendments proposed 451
to emergency bills shall be offered before the vote is taken on 452
the emergency section.453


       Rule 53. (Resolutions, How Offered; Special Committees by.) 455
Resolutions may be offered by a senator in the senator's 456
individual capacity, or as a report of a committee in the regular 457
order of business, or at any time on leave of the Senate. Any 458
resolution proposing the creation of a special investigating 459
committee shall be, upon its introduction, automatically referred 460
to the Committee on Rules. This rule shall be dispensed with only 461
by a two-thirds vote of the Senate.462

       Rule 54. (Resolutions, When Considered.) Resolutions to be 463
introduced in the Senate shall be typewritten, shall be in 464
quadruplicate, shall bear the name of the author and co-authors, 465
if any, and shall be filed in the Clerk's office at least one hour 466
prior to the next convening session of the Senate. All resolutions 467
offered in the Senate shall be considered immediately by either 468
being adopted or referred to the Committee on Reference, except as 469
provided in Rules 53 and 55. If so referred, the Committee on 470
Reference shall examine and otherwise consider the resolution, and 471
may indefinitely postpone it, refer it to another standing 472
committee, or report it back to the Senate.473

       All death, commemorative, and congratulatory resolutions 474
shall be printed by title only unless otherwise ordered by a 475
majority vote of the members elected.476

       Upon reading a resolution from the House, such resolution 477
shall be considered immediately by either being adopted or 478
referred to the Committee on Reference. If so referred, the 479
Committee on Reference shall examine and otherwise consider the 480
resolution, and may indefinitely postpone it, refer it to another 481
standing committee, or report it back to the Senate.482

       It shall be a prerogative of the presiding officer to 483
consolidate into a single motion for consideration by the Senate 484
some or all commemorative and congratulatory resolutions offered 485
for adoption on any particular legislative day. Should the 486
presiding officer exercise this prerogative, which shall be called 487
a President's Prerogative, the presiding officer shall direct the 488
Clerk to supply a list entitled President's Prerogative 489
Resolutions which identifies by title all resolutions proposed to 490
be adopted by a single vote. This list shall be supplied to all 491
members prior to a vote on said resolutions. The presiding officer 492
shall put the following question: "Shall the resolutions listed 493
under the President's Prerogative be adopted?" 494

       Rule 55. (Concurrent Resolutions, Agency Rule Review.) The 495
Chairperson or Vice-Chairperson of the Joint Committee on Agency 496
Rule Review shall offer under the ninth order of business listed 497
in Rule 7, all concurrent resolutions recommended by that 498
committee for adoption by the Senate. The resolution shall be 499
offered within three Senate legislative days after the date of 500
recommendation by the joint committee, and shall that day be 501
referred to the Committee on Rules, which shall place the 502
resolution on the Senate calendar for consideration within twelve 503
calendar days; but the resolution shall be offered and taken up 504
for consideration on an earlier legislative day if necessary to 505
permit its adoption within the period of time specified by section 506
119.03 of the Revised Code for invalidating a proposed rule, 507
amendment, rescission, or any part thereof.508

       Rule 56. (Resolutions, Preparation.) Upon adoption, all 509
Senate resolutions shall be prepared and authenticated by the 510
Clerk and signed by the President. The Clerk shall also provide a 511
place on all death, commemorative, and congratulatory resolutions 512
for signature of the senator whose name first appears on the 513
resolution as author.514


       Rule 57. (Senator Must Vote.) Every senator present when the 516
question is put shall vote on the question unless excused by the 517
Senate. The Clerk shall call the roll of the Senate in 518
alphabetical order with the President called last. The President 519
may direct the Clerk to call the President Pro Tempore first in 520
the call of the roll.521

       A request from any senator to be excused from voting must be 522
made before the Senate divides or before the call of the roll 523

       Rule 58. (How Excused from Voting.) Any senator requesting to 525
be excused from voting may briefly explain the reason for such 526
request, and the Senate shall pass upon the request without 527

       Rule 59. (Explanation of Vote.) A member desiring to explain 529
the member's vote shall make a request therefor, before the Senate 530
divides or before the call of the yeas and nays is commenced. If 531
such request is granted by the Senate, such statement shall not 532
consume more than two minutes of time.533

       Rule 60. (Quorum Not Voting, Continue.) When fewer than a 534
quorum vote on any question, the President shall forthwith order 535
the roll of senators to be called. If a quorum be present as shown 536
by answering to their names, or by their presence in the Chamber, 537
the President shall again order the roll to be called, and if any 538
senator is present the senator shall be ordered to vote unless the 539
Senate shall have previously excused the senator.540

       Rule 61. (Senator Cannot Vote, When.) No senator shall vote 541
upon any question while off the floor of the Senate, upon any 542
question involving the senator's election or the right to the 543
senator's seat, or vote upon any question in contravention of the 544
Legislative Code of Ethics or in violation of section 102.031 of 545
the Revised Code.546

       Rule 62. (Division, When Taken.) After a vote is taken viva 547
voce, if the President is undecided, or if a division is demanded 548
by any senator before the result is announced, the Senate shall 549
divide. Those voting in the affirmative shall arise at the request 550
of the President and remain standing until counted and the count 551
is announced; then those voting in the negative shall arise and 552
remain standing until counted and the count is announced.553

       Rule 63. (House Amendments, Conference Reports.) The yeas and 554
nays shall be called upon the question of concurring in amendments 555
made by the House to all bills or resolutions passed by the 556
Senate, and upon agreeing to the report of conference committees, 557
except where amendment is to the title only.558

       Rule 64. (Only Clerks at Desk During Roll Call.) No person, 559
other than the Clerk and the Clerk's assistants, shall be 560
permitted at the Clerk's desk while the yeas and nays are being 561

       Rule 65. (Verification of Vote.) After the roll has been 563
called, any senator may demand a verification of the vote. The 564
Clerk shall read, first the names of those senators voting in the 565
affirmative, then of those voting in the negative, at which time 566
any senator, on account of error or for any other reason, may 567
change his or her vote; but no senator shall be permitted to 568
change his or her vote, as recorded, after the roll call has been 569
verified and the results declared except by unanimous consent of 570
the Senate. A request by a senator for unanimous consent to change 571
the senator's vote must be made from the well of the Senate and 572
before the Senate proceeds to the next item within the same or 573
next order of business.574


       Rule 66. (Senators Shall Address President.) When a senator 576
desires to address the Senate or to make a motion, the senator 577
shall arise and respectfully address "Mr. President," and the 578
President shall recognize the senator and may do so by announcing, 579
"The Senator from ................," naming the District.580

       A senator who wishes to question another senator shall, for 581
each question, first request and receive the President's 582
permission to ask the question. No senator is required to answer a 583
question put by another senator.584

       Rule 67. (President Decides Who Shall Speak.) The prime 585
sponsor of a bill shall be recognized first. When two or more 586
senators seek recognition of the chair at the same time, the 587
President shall decide which senator shall speak first. No senator 588
shall yield the floor to another senator without consent of the 589

       Rule 68. (How Often Senator May Speak.) No senator shall 591
speak more than twice on the same question except by leave of the 592
Senate or responding to the floor; and the senator speaking shall 593
confine the speech to the question under debate and avoid 594

       Rule 69. (May Read from Books, etc.) Any senator while 596
discussing a question may read, or cause to be read, from books, 597
papers, documents or any matter pertinent to the subject under 598
consideration for a period of five minutes without asking leave. 599
Additional time may be granted by a majority vote of the Senate.600

       Rule 70. (Statement of Question.) Any senator may call for a 601
statement of the pending question, whereupon the President shall 602
restate the same.603

       Rule 71. (Division of Question.) Any senator may call for a 604
division of the question; the decision of the President as to its 605
divisibility shall be subject to appeal as in questions of order.606

       Rule 72. (Questions of Order Decided by.) All questions of 607
order shall be decided by the President without debate; such 608
decision shall be subject to appeal to the Senate by any three 609
senators, on which appeal no senator shall speak more than once, 610
unless by leave of the Senate; and the President may speak in 611
preference to the senators.612

       Rule 73. (Senator May Be Called to Order.) If any senator, in 613
speaking or otherwise, is transgressing the Rules of the Senate, 614
the President shall, or any member may, call the senator to order; 615
and the senator called to order shall take the senator's seat 616
until the question of order is decided.617

       Rule 74. (If Called to Order.) If the decision be in favor of 618
a senator called to order, the senator shall be at liberty to 619
proceed; if otherwise, the senator shall not be permitted to 620
proceed without further leave of the Senate.621


       Rule 75. (When Motions Must Be in Writing.) Whenever an 623
amendment is offered to any bill or resolution under 624
consideration, or any amendment to such an amendment, the senator 625
proposing the same shall reduce it to writing and send it to the 626
Clerk's desk. Amendments prepared and distributed in advance of 627
their offering shall identify the bill or resolution sought to be 628
amended and the name of the senator proposing to amend; when a 629
senator prepares more than one amendment to the same bill or 630
resolution, the amendments shall be numbered sequentially. Unless 631
objection is waived, debate shall cease until all members are 632
supplied with copies of amendments offered on the floor.633

       Rule 76. (Precedence of Motions.) Except as otherwise 634
provided in Rule 81, motions shall take precedence in the 635
following order:636

       1. To informally pass.637

       2. To adjourn.638

       3. To take a recess.639

       4. To lay on the table.640

       5. The previous question.641

       6. To proceed to the orders of the day.642

       7. To postpone to a time certain.643

       8. To commit.644

       9. To amend.645

       10. To postpone indefinitely.646

       11. To discharge a committee.647

       Rule 77. (Decided Without Debate.) The following questions 648
shall be decided without debate:649

       1. To informally pass.650

       2. To adjourn.651

       3. To take a recess.652

       4. To lay on the table.653

       5. The previous question.654

       6. To go into committee of the whole on orders of the day.655

       7. All questions relating to the priority of business.656

       Rule 78. (Motions, Statement and Withdrawal.) When a motion 657
is made the question shall be stated by the President; or, being 658
in writing, it may be read to the Senate by the President or 659
Clerk. After a motion is stated or read by the President, or read 660
by the Clerk, it shall be deemed to be in the possession of the 661
Senate, but may be withdrawn, by leave of the Senate, at any time 662
before a decision or amendment.663


       Rule 79. (Previous Question, How Put.) A motion for the 665
previous question shall be entertained only upon the demand of 666
three senators. The President shall put the question in this form: 667
"The question is, 'Shall the debate now close?'" A majority vote 668
of the Senate shall be required to carry the previous question, 669
and until decided it shall preclude further debate and all 670
amendments and motions.671

       Rule 80. (Action after Previous Question.) After the demand 672
for the previous question has been sustained no call or motion 673
shall be in order, but the Senate shall be brought to an immediate 674


       Rule 81. (Reconsideration, How and When.) A motion to 677
reconsider a vote may be made only by a senator who voted with the 678
prevailing side, and such motion, to be in order, must be made 679
within the next two legislative days of the Senate after such vote 680
is taken. A motion to reconsider shall take precedence over all 681
questions except a motion to adjourn, and may be called up at any 682
time in the appropriate order of business after disposal of 683
pending questions.684

       Rule 82. (Vote Necessary on Reconsideration.) The vote on any 685
question other than the previous question may be reconsidered by a 686
majority of those voting, a quorum being present, except when a 687
bill or resolution has been declared lost, in which case the 688
motion shall not prevail unless it receives the number of 689
affirmative votes which would be required to pass such a bill or 690

       Rule 83. (One Reconsideration Only.) A motion to reconsider, 692
having been decided, shall not again be entertained unless the 693
question has been changed in form by amendment.694

       Rule 84. (Reconsideration, Motion Postponed.) Consideration 695
of a motion to reconsider may be postponed to a time certain or 696
left pending. However, if a motion to reconsider is not called up 697
within thirty days after it was made, the motion is deemed lost.698

       Rule 85. (Procedure on Reconsideration.) A motion to 699
reconsider action on a bill, joint resolution, or other paper that 700
may have gone out of possession of the Senate shall be entertained 701
if made within the time specified in Rule 81; such motion to 702
reconsider shall be regarded as an order to the Clerk to request 703
the House to return the bill, joint resolution, or other paper, 704
but the Senate may vote on the motion to reconsider without 705
waiting for the return to the Senate of such bill, joint 706
resolution, or other paper, and the President shall state the 707
question: "Shall the vote be reconsidered?" Action on the bill, 708
joint resolution, or other paper, the vote on which has been 709
reconsidered, may not be taken until such bill, joint resolution, 710
or other paper has been returned and is in possession of the 711

       Rule 86. (Effect of Tabling Motion to Reconsider.) When a 713
motion to reconsider is laid upon the table it shall not carry the 714
bill or resolution with it; nor shall a motion to reconsider be 715


       Rule 87. (To Postpone.) A motion to postpone to a time 718
certain, or indefinitely, being decided, shall not again be 719
allowed at the same stage of the question.720

       Rule 88. (Indefinitely Postponed, Effect.) If a motion to 721
indefinitely postpone a bill or resolution be carried, such bill 722
or resolution shall be declared lost. If a Senate bill or 723
resolution is defeated or indefinitely postponed in the Senate it 724
shall not be reintroduced during either annual session of the same 725
General Assembly.726

       Rule 89. (Postpone to Time Certain.) A bill or resolution 727
postponed to a time certain shall not be considered at an earlier 728
time, except upon the vote of three-fifths of the senators 729

       Rule 90. (To Informally Pass.) A motion to informally pass a 731
bill or resolution may be made at any time prior to the taking of 732
the roll call.733


       Rule 91. (Recess and Adjournment.) The interim between any 735
two sessions of the Senate on the same day shall be termed a 736
recess, and on the reassembling at the appointed hour any question 737
pending at the time of taking such recess shall be resumed without 738
a motion to that effect; and unless the Senate shall otherwise 739
order by resolution or motion, the hour to which it shall adjourn 740
shall be half past one p.m. the succeeding day; and the hour to 741
which it shall recess shall be stated in the motion.742

       Rule 92. (Motion to Adjourn in Order, When.) A motion to 743
adjourn shall be in order at any time, except while a member is 744
addressing the Senate, or while a vote is being taken, but cannot 745
be made except by a senator who has been recognized by the 746
President, and being decided in the negative shall not again be 747
entertained until some motion, call, or order shall have been 748
acted upon.749

       Rule 93. (If under Consideration When Adjourned.) A bill or 750
resolution under consideration when adjournment is taken shall be, 751
when its order of business on the succeeding day is reached, the 752
first question before the Senate in that order of business, except 753
as otherwise provided by the Committee on Rules.754


       Rule 94. (Rules Altered, How.) These rules shall not be 756
altered except after due notice of the intention of alteration; 757
and no rule shall be altered, except by a three-fifths vote of the 758
senators elected. Any of these rules may be suspended by a 759
three-fifths vote of the members elected, excepting rules which 760
specifically require otherwise.761

       Rule 95. (Parliamentary Guide.) Mason's Manual of Legislative 762
Procedure (2000 edition) shall be used by the Senate as authority 763
in all cases not provided for in the Senate Rules or the Joint 764
Rules of the Senate and House of Representatives, if any.765

       Rule 96. (Committee on Rules.) The standing Committee on 766
Rules shall have the power to prescribe the order of business of 767
the Senate and shall arrange and post the calendar at least one 768
calendar day in advance, so that all matters shall appear thereon 769
for the consideration of the Senate with reference to their 770
importance. Measures expected to be reported by committee may be 771
placed conditionally on the calendar for consideration by the 772
Senate in the regular order of business, and may be carried over 773
to a succeeding legislative day, subject to favorable action by 774
committee. In a case of necessity, the Chairperson of the 775
Committee on Rules may call a special meeting upon proper notice 776
to add a bill to the calendar upon a majority vote. One day's 777
notice shall not be required for calendars during the first week 778
after an adjournment of more than five calendar days.779


       Rule 97. (Executive Appointments.) When executive 781
appointments are received by the Senate they shall, unless the 782
Senate otherwise orders, be referred to the Committee on Rules. 783
The Committee on Rules may refer the appointments to another 784

       Rule 98. (Yeas and Nays, Appointments.) The yeas and nays 786
shall be called upon advising and consenting to an executive 787
appointment. Failure of the question to receive the concurrence of 788
a majority of the senators elected constitutes refusal of the 789
Senate to advise and consent to the appointment. The Senate may 790
advise and consent to two or more appointments by a single roll 791
call vote. When a committee to which an appointment has been 792
referred recommends its rejection, or when a senator demands that 793
an appointment be separately considered, the question of its 794
approval shall not be included in a single roll call vote 795
affecting more than one appointment, but the yeas and nays shall 796
be separately called on the question of advising and consenting to 797
such an appointment. When two or more appointments are made the 798
subject of a single roll call vote, the failure of the question to 799
receive the concurrence of a majority of the senators elected 800
shall not constitute refusal to advise and consent to the 801
appointments, but in such case the yeas and nays shall then be 802
separately called on the question of advising and consenting to 803
each appointment.804


       Rule 99. (Clerk Shall Keep Index to Bills, etc.) The Clerk 806
shall keep an index record of all bills and resolutions introduced 807
in the Senate regardless of the house of origin, showing the 808
number, title, and author of each measure, the section sought to 809
be amended, enacted, or repealed, and the subject or matter 810
affected thereby. The Clerk may call upon the staff of the Ohio 811
Government Telecommunications to produce a video of all Senate 812
voting sessions. Such video shall be accessible as provided by law 813
and the rules of the Ohio Government Telecommunications 814
Programming Committee.815

       Rule 100. (Duties of Clerk.) The distribution and receipt of 816
bills, resolutions, reports, messages from the House and from any 817
branch of the executive or judicial department of the State, and 818
all other documents belonging to the Senate shall be under the 819
direction and control of the Clerk. All records kept by the Clerk 820
are governed by the records retention schedule adopted by the 821
Clerk. The property and premises of the Senate shall also be under 822
the direct supervision of the Clerk.823

       When the Clerk is required to print a bill, resolution, 824
report, or other document belonging to the Senate, the Clerk may 825
use any method of printing contemplated by sections 101.51 to 826
101.524 of the Revised Code.827

       The Senate by resolution shall prescribe the powers and 828
duties of the Chief of Staff and Clerk.829

       In case of the death or resignation of the Clerk, the 830
President may designate any individual to perform the Clerk's 831
duties until such time as the Senate, by vote, fills the vacancy.832


       Rule 101. (Use of Senate Chamber.) The use of the Senate 834
chamber shall not be granted at any time, by resolution or 835
otherwise, for any purpose other than legislative purposes, except 836
by consent of two-thirds of the members elected. At no time shall 837
food or beverages be allowed in the Senate chamber.838

       Rule 102. (Use of Committee Rooms.) A person who wishes to 839
use a Senate committee room for a purpose other than a meeting of 840
a committee, subcommittee, or other official Senate business shall 841
not do so without obtaining the Clerk's prior approval. In 842
requesting the Clerk's approval, the person shall inform the Clerk 843
of the committee room the person wishes to use and the time and 844
purpose of the proposed use. Senate committee rooms may be used 845
for only appropriate purposes. At no time shall food or beverages 846
be allowed in Senate committee rooms unless otherwise authorized 847
by the Clerk.848

       Rule 103. (Who Admitted in Chamber, Members' Lounge.) During 849
the daily sessions of the Senate, no person shall be admitted 850
within the railing except members of the two houses, their 851
officers and employees in the performance of their duties, or 852
persons charged with messages or papers to the Senate; clergy, by 853
invitation of the President; the Governor of this or any other 854
state; and representatives of newspapers or legislative 855
information services who have been granted the privileges of the 856
Senate by the President. When the Senate is not in session, only 857
senators and their guests and officers and employees of the Senate 858
in the performance of their duties are permitted within the 859
railing without the President's permission.860

       During the daily sessions of the Senate, no person shall be 861
admitted in the Members' Lounge except members of the Senate and 862
officers or employees of the Senate in the performance of their 863
duties. The Sergeant-at-Arms shall strictly enforce this rule.864

       Rule 104. (Posters, Placards, Banners and Signs.) No poster, 865
placard, banner, sign or other similar material shall be carried 866
into the Senate Chamber or committee or meeting rooms of the 867
Senate by any person, and no person shall attach or affix any 868
poster, placard, banner, sign or other similar material to the 869
doors, walls, rails, seats or banisters of the Senate Chamber or 870
committee or meeting rooms of the Senate. The Sergeant-at-Arms 871
shall strictly enforce this rule.872

       Rule 105. (Applause, Outbursts or Demonstrations.) No 873
applause, outburst or other demonstration by any spectator shall 874
be permitted during a session of the Senate and during any meeting 875
of a committee.876

       Rule 106. (Distribution of Printed Materials.) No general 877
distribution of printed material to the members of the Senate 878
shall be permitted in the Senate Chamber during the daily sessions 879
of the Senate unless authorized by a senator or the Clerk. The 880
printed material shall bear the name of the person authorizing its 881
distribution. The Sergeant-at-Arms shall strictly enforce this 882

       Rule 107. (Cellular Telephones and Pagers, Prohibitions.) The 884
use of a cellular telephone, audible pager, or any other audible 885
wireless electronic telecommunication device is prohibited during 886
sessions of the Senate and during any meeting of a committee.887

       Rule 108. (Press Privileges, How Obtained.) Representatives 888
of the press desiring the privileges of the press area of the 889
Senate floor shall make application to the President of the Senate 890
and shall state in writing for what paper or papers or legislative 891
information services, magazines, or their affiliates they are 892
employed; and shall further state that they are not engaged in the 893
prosecution of claims pending before the General Assembly and will 894
not become so engaged while allowed the privileges of the floor; 895
and that they are not in any sense the agents or representatives 896
of persons or corporations having legislation before the General 897
Assembly, and will not become either while retaining their 898
privileges. Visiting newspaper writers and editors may be allowed, 899
temporarily, the privileges herein mentioned, but they must 900
conform to the restrictions prescribed.901

       The application required by the above rule shall be 902
authenticated in a manner that shall be satisfactory to the 903
Executive Committee of the Ohio Legislative Correspondents' 904
Association, who shall see that the privileges of the floor be 905
granted to representatives of the press association serving 906
newspapers of general circulation, bona fide correspondents of 907
reputable standing in their profession who represent newspapers of 908
general circulation or magazines, or representatives of daily 909
legislative information services of known standing and integrity, 910
or their affiliates; organized for that one purpose and not 911
controlled by or connected with an association, firm, corporation, 912
or individual representing any trade, profession, or other 913
commercial enterprise, and which have been in continuous and bona 914
fide operation for such a period of years immediately prior to the 915
date of making application for floor privileges as will have made 916
possible the establishment of a reputation for honesty and 917
integrity; and it shall be the duty of the Executive Committee of 918
the Ohio Legislative Correspondents' Association, at its 919
discretion, to report violations of the privileges herein granted, 920
to the Committee on Rules.921

       Rule 109. (Representative of Radio and Television Stations 922
and Broadcasting Networks, How Admitted.) Representatives of radio 923
and television stations and broadcasting networks desiring the 924
privileges of the radio and television area of the Senate floor 925
shall make application to the President, and shall state, in 926
writing, by what stations or broadcasting network they are 927
employed; and further shall state that they are not engaged in the 928
promotion of legislation or the prosecution of claims pending 929
before the General Assembly, and will not become so engaged while 930
allowed the privileges of the floor; and that they are not in any 931
sense, the agents or representatives of persons or corporations 932
having legislation before the General Assembly, and will not 933
become either while retaining their privileges. Visiting 934
correspondents and editors may be allowed, temporarily, the 935
privileges herein mentioned, but they must conform to the 936
restrictions prescribed.937

       The application required by the above rule shall be 938
authenticated in a manner that shall be satisfactory to the Radio 939
and Television Correspondents' Association of Ohio. It shall be 940
the duty of the Radio and Television Correspondents' Association 941
of Ohio to see that the privileges of the floor shall be granted 942
only to the representatives of stations and broadcasting networks 943
serving radio and television stations, or networks serving such 944
radio and television stations as have been duly licensed by the 945
Federal Communications Commission. It shall be the duty of the 946
Radio and Television Correspondents' Association of Ohio, at their 947
discretion, to report violations of the privileges herein granted 948
to the President. Persons whose chief attention is not given to 949
radio and television broadcasting shall not be entitled to the 950
privileges of the floor.951

       Rule 110. (Privileges, How Revoked.) Upon complaint that any 952
person has abused the privileges granted the person under Rule 108 953
or 109, such complaint shall be submitted to the standing 954
Committee on Rules for investigation, and such Committee shall 955
notify the person so charged of the time and place for hearing, 956
and if such accusation be sustained, such person or persons, upon 957
the report of the Committee, shall be debarred from the privileges 958
theretofore granted.959

       Rule 111. (Filming or Taping of the Senate.) Filming, video 960
taping, or audio taping during the legislative session shall be 961
done under the conditions designated by the President of the 962

       Taping or filming of a member or members of the Senate in the 964
Senate chamber or in committee rooms when the Senate is not in 965
session is permissible with the prior consent of all members taped 966
or filmed and with the prior notification of the Clerk.967

       Taping or filming of sessions of committees of the Senate is 968
permissible with the prior consent of the chairperson of the 969
committee involved. Such approved filming or taping may be for 970
specific time periods set by the chairperson, if such taping or 971
filming interferes with the orderly procedure of the hearing.972

       Rule 112. (Letters of Commendation, etc.) When requested by 973
any member of the Senate, the President of the Senate may, on 974
behalf of the Senate, in its name and in the President's 975
discretion, sign letters or simple resolutions conveying messages 976
of commendation, congratulation, recognition, and condolence to 977
persons or organizations named in such request.978

       The President of the Senate shall keep a record of the 979
disposition of all such letters or simple resolutions, which 980
record shall be open for inspection by any member of the Senate.981

       Rule 113. (Use of the Senate Coat of Arms.) Use of the Senate 982
Coat of Arms shall be limited to members of the Senate, employees 983
of the Senate in the performance of their duties, the Chief of 984
Staff of the Senate and the Clerk. No other person shall use or 985
permit to be used any reproduction or facsimile of the Senate Coat 986
of Arms or a counterfeit or non-official version of the Senate 987
Coat of Arms for any purpose not authorized by the Clerk.988

       Rule 114. (Application to 129th130th General Assembly.) The 989
Rules of the Senate for the 128th129th General Assembly shall be 990
effective until the Senate of the 129th130th General Assembly 991
adopts Rules of the Senate for the 129th130th General Assembly.992