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Enacting Legislation
Chapter 5
Photographed by Kristin Rhee, LSC
Senate Chamber
Ohio Legislative Service Commission 47CHAPTER 5
Enacting
Legislation
T
wo major categories of documents embody the Concurrent Resolutions
work of the General Assembly: resolutions
and bills. Concurrent resolutions also require the approval
of both houses, but unlike joint resolutions,
concurrent resolutions are not filed with the
Secretary of State. They are used when required
Resolutions by the Ohio Constitution or a statute and in all
cases when the action of both houses is advisable
Resolutions generally are formal expressions of
and use of a joint resolution is not required. Cases
the opinions and wishes of the General Assembly
that typically call for a concurrent resolution
and do not require the approval of the Governor.
include memorializing Congress as to the General
Resolutions are of three types: joint, concurrent,
Assembly’s position on issues before Congress
and simple. Beginning with the 126th General
and determining joint procedural matters such as
Assembly, resolutions are available online on the
adjournment. Concurrent resolutions also are used
General Assembly’s web site.
to commend people, groups, and events that are of
interest to both houses.
Joint Resolutions
Another subject requiring the adoption of a
concurrent resolution is the invalidation of admini-
Joint resolutions are used only to ratify proposed
strative rules. When the Joint Committee on Agency
amendments to the United States Constitution, to
Rule Review (JCARR) recommends that the General
call for a federal constitutional convention, or when
Assembly invalidate a rule that has been proposed
required by custom or a statute. For example,
or adopted by an executive agency, a member must
proposals seeking to amend the Ohio Constitution
submit a concurrent resolution in order to put the
are customarily offered as joint resolutions. Joint
question of invalidation before the two houses. The
resolutions require the approval of both houses and
resolution briefly describes the rule and the reason
after approval must be filed with the Secretary of
why it is being recommended for invalidation—for
State.
example, that it exceeds the agency’s rule-making
authority or conflicts with legislative intent or
another rule. A rule may be invalidated if it (1)
Resolutions are of three types: joint,
exceeds the agency’s rule-making authority, (2)
concurrent, and simple. Joint and concurrent
resolutions require the approval of both
conflicts with legislative intent or another rule,
houses. Simple resolutions require the or (3) incorporates a text or other material by
approval of only the house in which they are reference and either the rule-making agency has
introduced. failed to file the incorporated text or other material
or the incorporation by reference otherwise fails to
Ohio Legislative Service Commission 47meet statutory standards. In addition, a rule may From Idea to Bill
be invalidated if the rule-making agency has failed
to prepare a complete and accurate rule summary An idea for a new law or a change in an existing
and fiscal analysis as required by statute or failed to law may originate with a member of the General
demonstrate that the rule’s regulatory intent justifies Assembly, an administrative agency of the state,
its adverse impact on businesses in the state. Upon the Governor, a special interest group, or a private
adoption of the resolution by both houses, the rule citizen. Legislation also may be proposed as a
either will not go into effect or will cease to be result of requirements established by federal law,
effective, as applicable. of court decisions or Attorney General opinions,
The Ohio Constitution authorizes the General or of recommendations made by study committees
Assembly, by the adoption of a concurrent or task forces.
resolution, to disapprove proposed Supreme Court
rules governing practices and procedures in all
courts of the state. How a Bill Becomes a Law in Ohio
Part 1
Simple Resolutions
Legislator becomes aware of need
for legislation
Simple resolutions often relate to the
organization, appointments, and officers of the
house in which they are offered. Simple resolutions Legislator requests LSC to draft a proposed
bill or submits draft for review
that commend persons, groups, and events of
interest to one house are discussed in Chapter 9.
LSC drafts proposed bill for introduction in
either house
Bills
A bill is a document by which a member of the Whatever its source, an idea first must be written
General Assembly proposes to enact a new law or in the form of a bill. The primary source of bill
amend or repeal an existing law. The term “bill” drafting services available to members is the staff
is used to refer to the document from the time it of the Legislative Service Commission (LSC).
is drafted and delivered to the member until it is Bill drafting is a craft combining art with
considered and approved by both the House and the experience. A skilled drafter will explore many
Senate. After passing both houses, a bill becomes issues involved with a member’s idea. Often, a
an “act” and must be presented to the Governor member will not be aware of all the factors that
for acceptance or rejection. If accepted or if the affect the proposal. While a member should always
Governor does not take any action for ten days, it attempt to provide a clear statement of what a bill
becomes a “law.” draft should accomplish, generally the staff person
drafting the proposal will seek more guidance as
questions arise during the drafting process. As
employees of a nonpartisan agency, LSC staff do
An idea for a new law or a change in not make decisions on issues of policy. Therefore,
an existing law might originate with a a staff person must communicate with a member
member of the General Assembly, an frequently during the drafting process to ensure that
administrative agency of the state, the the member’s views are incorporated into the bill.
Governor, a special interest group, or a Although courts grant all legislative enactments
private citizen. a presumption of validity, sometimes proposals
raise constitutional issues. It is important to know
48 A Guidebook for Ohio Legislatorsat the outset if a bill draft may be in conflict with provisions of the section or related sections that can
the United States or Ohio Constitution. Legal be given effect without the invalid part. Therefore,
research sometimes suggests the likely outcome of the drafter does not need to include a severability
a constitutional challenge. Some issues are obvious, clause in each bill draft.
especially in the areas of due process and equal Although the LSC staff engage in bill drafting
protection of the law. However, proposals may raise on a full-time basis and are highly trained and
issues that have not been decided by the courts and experienced, any bill draft can contain errors or
that are so subtle as to defy accurate prediction of fail to meet a member’s objective. Therefore,
what a court would decide. members should read all drafts carefully and ask
For example, does a proposal requiring that the drafter for explanations whenever something
blood types be printed on drivers’ licenses (thus seems incorrect or confusing.
conditioning an important societal privilege on
obtaining a blood test) constitute such a deprivation
of liberty as to violate a person’s right to due process
of law under the Fourteenth Amendment to the
The Legislative Process
United States Constitution? If not, might a religious
The lawmaking process in Ohio, as in most other
objector to blood tests nevertheless successfully
states, involves several steps, including introduction,
claim that such a requirement violates guarantees of
committee action, floor action, defeat or enactment,
religious liberty under the First Amendment? Even
approval or disapproval by the Governor, and
if legal research discloses that the proposal probably
possible legislative reaction to the Governor’s
would not violate the First Amendment, the member
action. Since Ohio’s General
might prefer to avoid the
Assembly is a bicameral,
problem at the outset by
How a Bill Becomes a Law in Ohio or two-house, legislature,
writing an exemption for good
Part 2 several steps must occur in
faith religious objectors.
each house consecutively;
A legislative drafter must Bill filed with House or Senate Clerk that is, after the first house
also be aware of existing and numbered
completes action on a bill,
statutory provisions that
the bill is sent to the second
establish definitions and rules
First consideration (read by title),
house where the process
of construction pertaining
referred to House Rules and is repeated. Enactment
to all statutes except those
Reference Committee or Senate occurs after both houses
specifically exempted. The Reference Committee
have passed and agreed on
drafter does not need to
identical bills. Of course,
redefine these terms or rules
House Rules and Reference enactment of a bill does
of construction in each bill Committee or Senate Reference not necessarily mean that
draft. For example, the term Committee reviews, recommends
standing committee assignment the proposal becomes law.
“person” is defined in section
Action by the Governor and
1.59 of the Revised Code
possible legislative reaction
for use throughout the Code Second consideration, bill
referred to standing committee will occur after enactment.
as including “an individual,
The major steps in the
corporation, business trust,
enactment of a law are
estate, trust, partnership, and
described below. Although
association”; the drafter need not define the term
the discussion refers only to bills, the same steps,
unless a different meaning is needed. Similarly,
excluding action by the Governor, apply to the
section 1.50 of the Revised Code establishes an all-
adoption of joint and some concurrent resolutions.
encompassing severability clause stating that if any
It should be noted that most bills do not become law.
part of a section of the Revised Code is held invalid,
Most bills survive only a few of the steps required
that part is severable and does not affect the other
Ohio Legislative Service Commission 49for enactment. For example, the 128th General
Assembly enacted just 58 of 939 introduced bills, Order of Business
none of which were vetoed by the Governor. In
the 129th General Assembly, the members enacted During a floor session, the House and
202 of the 1,016 bills that were introduced, but only Senate follow a specific order of business
199 became law. The Governor vetoed one bill, the determined by House or Senate Rules.
For example, bills may be introduced only
voters rejected another in a referendum vote, and
at a certain point in the order of business.
one did not become effective because subsequent
The order of business may be changed
legislation repealed it. during floor session on a particular day
by a vote of the members. The Rules
Introduction: First Consideration governing the order of business may
change from session to session.
During its preparation by the LSC staff, a bill
draft is assigned an individual “L” number by the
staff. The assigned “L” number is found at the top in the regular order of business during a Senate
of the draft. The draft is numbered to coincide floor session, the Clerk reads the bills in the order
with the session of the General Assembly for received.
which the draft is prepared and then is numbered A member introduces a bill in the House of
consecutively. For example, “LSC 130 0167” at the Representatives by filing it with the House Clerk in
top of the draft indicates that the draft was prepared a number of copies or electronically, as determined
for the 130th General Assembly and was the 167th by the Clerk. The Rules specify that bills must be
bill draft request received. When working on a bill filed at least one hour prior to a House session. The
draft with an LSC staff member, it is useful to refer Clerk must keep a complete record of each bill,
to this “L” number. including such information as its number, author
Once drafted, a bill draft is forwarded to the (sponsor) and subject. When, in the regular order
member making the request. The member should of business during House floor session, it is time
carefully review the draft and ask any questions for introducing bills, the Clerk reads them in the
necessary to make sure the bill achieves the order received.
member’s goals. Once the member is sure the bill In the House, if opposition to a bill is expressed
draft complies with the member’s request, it is ready on introduction, the Speaker of the House or
for formal introduction. presiding officer puts the question of rejecting the
The Ohio Constitution requires that each bill bill to a vote. For the bill to be rejected, the question
receive consideration on at least three different days must receive a majority vote of the members present.
by each house before enactment. This requirement If it is not rejected, it proceeds in the regular order.
may be suspended for a particular bill if two-thirds The question of rejecting the bill must be decided
of the members of the house considering the bill without debate. It should be noted, however, that
vote to suspend. virtually all bills are accepted for introduction in
The first consideration of a bill consists of a the House without opposition.
reading of the bill’s title by the appropriate clerk on When a bill is introduced, it receives its official
the day of introduction. The process of introduction bill number from the appropriate House or Senate
and first consideration differs slightly in the two Clerk. This number differs from the LSC bill draft
houses. “L” number assigned by the LSC staff. House and
A Senator may introduce a bill by filing four Senate bill numbers are assigned consecutively in
copies with the Senate Clerk at least one hour prior the order in which bills are introduced. The assigned
to a session of the Senate. Senate Rules specify number identifies the bill during its progress through
that a bill must include the name of the bill’s the legislative process. A bill retains its assigned
author (sponsor) and any co-authors (co-sponsors). number throughout the legislative session in
When the time for introduction of bills is reached which it is introduced. For example, the 13th bill
50 A Guidebook for Ohio Legislatorsintroduced in the House of Representatives during be scheduled for a minimum of one public hearing.
a session will be known for the remainder of that A major portion of the work of a standing committee
session as “H.B. 13”; the 60th bill introduced in involves hearing testimony by persons with a direct
the Senate will be known as “S.B. 60.” However, interest in the proposal. For this reason, committee
if the bill is not enacted and is introduced again meetings generally are referred to as hearings.
in a subsequent biennial session of the General Although not a requirement, the common practice in
Assembly, it receives a new number according to both houses is to hold at least two hearings on each
the order in which it is introduced. measure, one for proponents and one for opponents.
If a special session is called by the Governor The number of hearings held on a bill depends on
or the leadership of the General Assembly, the bills interest in it, its complexity, and timing, among
introduced during that special session in each house other factors. House Rules for the 130th General
are numbered consecutively beginning with 1. At Assembly require the sponsor of a bill or resolution
the end of a special session, the previous consecutive to appear at least once before the committee
numbering process resumes for the duration of the considering the bill or resolution unless he or she
regular session. The most recent special session was has been excused from appearing by the committee
called by the Governor in December 2004. chairperson or the Speaker of the House.
The times and dates of committee hearings and
Committee Assignment: Second listings of the bills to be considered at the hearings
Consideration are available on the General Assembly’s web site,
in documents printed and distributed by the clerk of
The second consideration of a bill occurs when each house, and in some of Ohio’s larger newspapers.
the House Rules and Reference Committee or the House Rules require that chairpersons give at least
Senate Reference Committee, to which bills are five days’ notice of a committee hearing. Senate
sent following introduction, reports it back to the Rules mandate that the clerk post in the Senate
committee’s house with a recommendation for Clerk’s office, except in case of necessity, two days’
assignment to a standing committee. The report, if notice of any meeting at which a bill or a resolution
accepted by the house, constitutes the bill’s second proposing a constitutional amendment will be heard
consideration. for the first time. In both houses, notices typically
identify the committee and chairperson, state the
Committee Action date, time, and place of the meeting, and set forth
an agenda for the meeting. Committee chairpersons
Hearings usually announce imminent committee hearings at
Following committee assignment, a bill may the end of daily floor sessions.
but does not always receive consideration by the Most members of the General Assembly serve
standing committee to which it has been assigned. on more than one standing legislative committee.
House Rules require Conflicts of schedule
that all House bills and sometimes preclude a
resolutions introduced How a Bill Becomes a Law in Ohio member’s attendance
on or before May 15 Part 3 at some committee
of the second year of meetings. The House
Standing committee: holds public
the two-year session be hearings; amends, combines, substitutes and Senate set up regular
referred to a committee bill; refers to subcommittee; postpones; committee meeting
and scheduled for a defeats or favorably reports bill. May be schedules early in the
discharged of further consideration
minimum of one public session to minimize such
hearing. Senate Rules conflicts. Generally,
require that all Senate each committee meets
bills and resolutions referred by the Reference at a specific time on the same day of the week.
Committee on or before April 1 of the second year Conflicts most often occur late in the session when
Ohio Legislative Service Commission 51the rush of business intensifies and committees a proposed amendment. Assistance in preparing
begin holding meetings in addition to the regularly amendments is available from the LSC staff person
scheduled meetings. Generally, committee who is assigned to a particular committee.
hearings are not scheduled during floor sessions. Generally, amendments are prepared before
A committee meeting cannot be held during a floor the committee meeting at which they will be
session except by special leave of the House or offered so that copies may be made available to
Senate, as appropriate; however, a committee may the other members of the committee. Sometimes,
meet during a recess from a floor session. however, amendments are offered without advance
The rules of both houses provide that members preparation and without time for advance copying
cannot vote on a matter in committee unless they and distribution. The procedure to be followed in
are or have been present at the committee meeting such cases is largely a matter for determination by
at which the vote is taken. Since a member may the committee chairperson. Members who want
have a conflict that prevents attendance at the entire amendments drafted should give the LSC staff as
committee meeting, the roll call on a motion to much advance notice as possible.
recommend a bill for passage may be held open. If a committee adopts a few amendments that
In the Senate, at the discretion of the chairperson, are not too lengthy or complex, it usually reports
the roll call may be left open until 10:00 a.m. on the the bill back to the full house as an “amended
next calendar day. In the House, the roll call may bill,” and the prefix “Am.” is added to the bill’s
be continued by motion until no later than noon the number. In such a case, the Clerk of the appropriate
following day. If the roll call has been left open, a house is responsible for engrossing the bill, that
member who was recorded as present for a part of is, preparing a new copy of the bill with the
the meeting before a vote was taken but who missed committee’s amendments incorporated in it. If a
the vote may still vote on the measure by signing the committee reports a bill as an amended bill, the
committee report. Proxy votes are not permitted. text of the amendments adopted by the committee
will appear in the committee report that is printed
Courses of Action in the Journal.
A committee may take several different actions
on a bill. It may report a bill favorably with no Substitute Bills
changes; adopt amendments and report the bill as If the amendments adopted by a committee are
an amended bill; redraft the bill or adopt numerous numerous, lengthy, or complex, or if the committee
or lengthy amendments and report it as a substitute redrafts the bill without adopting individual
bill; combine two or more bills into one amended or amendments, the committee normally reports the
substitute bill; indefinitely postpone the bill, thereby bill back to the full house as a “substitute bill,” and
defeating it; or take no action at all. An affirmative the prefix “Sub.” is added to the bill’s number. The
vote of a majority of the committee members is LSC staff person assigned to the committee prepares
necessary either to report a bill favorably or to all substitute bills for the committee, whether they
postpone it indefinitely. are for consideration by the committee during its
deliberations on the bill or are for the committee’s
Amendments report to the appropriate house. If the committee
Proposed changes to a bill are drafted as reports a substitute bill, the text of the changes will
amendments to the bill. Amendments may be not appear in the Journal. The Journal entry simply
offered in committee only by members of the will indicate that the committee has reported the
committee. House Rules specify that members bill as a substitute bill. To determine the changes
must be present at the committee meeting when an made by the committee, a member will need to
amendment is voted upon in order for the member compare the text of the bill referred to the committee
to vote on that amendment. An affirmative vote of a with the text of the substitute bill reported by the
majority of the quorum present is necessary to adopt committee.
52 A Guidebook for Ohio LegislatorsSubcommittees Committee Chairperson
The chairperson of a committee may decide that The committee chairperson exerts substantial
a bill is very complex and would require too much influence over proposed legislation assigned to
time for consideration by the full committee. The the committee. The chairperson determines the
chairperson then may designate a few members agenda of the committee, presides over the hearings,
of the committee to serve on a subcommittee to maintains order, puts issues before the committee
consider the bill while the full committee goes ahead for consideration, determines if and when the
with other business. committee will vote on a bill, and directs the clerical
A subcommittee proceeds in much the same work of the committee.
manner as the full committee. It may hold hearings
on a bill and vote for Discharging a
it, with or without Committee of Further
amendments, vote How a Bill Becomes a Law in Ohio Consideration of a
against it, or propose Part 4 Bill
a substitute bill. After House Rules and Reference Committee or Senate Once a bill has been
the subcommittee has Rules Committee: rerefers; takes no action; assigned to a committee,
schedules bill for third consideration
finished its deliberations, it cannot be considered
(floor action)
it reports its findings by the full house until
and recommendations the committee reports it
to the full committee. Third consideration, debate on floor, and vote back to the house. The
Members of the full only way the member-
committee then vote ship can take action on
on whether to accept the subcommittee’s report. a bill that has not been reported is to relieve the
If the vote is favorable, the question then is on committee of further responsibility for it. Under the
the disposition of the bill as reported by the rules of both houses, a member of the appropriate
subcommittee. If the full committee chooses not to house may file with the Clerk a motion to discharge
accept the subcommittee’s report, the chairperson the committee of further consideration of a bill that
may decide either to appoint another subcommittee was referred to that committee at least 30 calendar
or simply proceed with the bill as though the days previously. The motion must be signed by a
subcommittee had not been appointed. majority of the members of the appropriate house.
Only one such motion may be entertained for each
Committee Reports bill.
When a committee completes its deliberations
on a bill, it votes to take one of the courses of
action identified earlier. If the committee reports
Roll Call
the legislation back to the full membership of
the house, it issues a committee report. Along Most votes taken in the House of
with a signature page containing the names of all Representatives are tabulated by an
committee members who voted for or against the electronic roll call machine. Results are
measure, the report consists of the bill with any registered at the Clerk’s desk and on
amendments attached to it, or if a substitute bill was a listing of members on the wall of the
chamber. Although the renovation of the
reported, the new version of the bill. The report
Statehouse included the installation of
must be filed with the Clerk. The bill then goes to
electronic roll call equipment in the Senate,
the Senate Rules Committee or the House Rules and the Senate continues the tradition of calling
Reference Committee for consideration of possible the roll aloud.
floor action.
Ohio Legislative Service Commission 53Majority Rules Majority Rules
Minimum Number of Examples of measures
Votes Required that require different majorities in order to prevail
Type
Senate House Measure Type of Majority
Majority Quorum Simple majority
(or simple majority) Bill Simple majority
17 50 (without an emergency clause)
(one more than one-half of the
Emergency clause 2/3 majority
membership of the House or Senate)
Overriding Governor’s veto 3/5 majority
3/5 majority 20 60 (except for bills needing 2/3 majority
for passage)
Joint resolutions proposing 3/5 majority
2/3 majority 22 66 amendments to the Ohio Constitution
Floor Action: Third Consideration of time and how often a member may speak during
floor debate on bills. Members in both houses are
The Senate Rules Committee and the House normally permitted to quote or read from books or
Rules and Reference Committee operate much like other materials during the time they are speaking.
a traffic controller. Their function is to select from The rules of parliamentary procedure also
the many bills reported by the standing committees govern actions on the House or Senate floor. The
those that will be scheduled for floor debate and various procedures and requirements of parlia-
a vote by the full house. The chairperson of the mentary debate are beyond the scope of this
House Rules and Reference Committee usually Guidebook. However, the Legislative Glossary
is the Speaker of the House or a leader within the and the House and Senate Committee and Floor
majority caucus. The chairperson of the Senate Guides in Appendix F of this Guidebook contain
Rules Committee is the President of the Senate. basic definitions of and votes needed for several
When the Rules Committee or the Rules and routine motions and questions used in parliamentary
Reference Committee schedules a bill for floor procedure. It should be remembered that these are
debate and a vote, it places the bill on the Calendar not all-inclusive and that other motions and questions
above a black line. The bill at this point receives also are used in parliamentary procedure. Complete
its third consideration, floor action. On third con- understanding of the use of certain motions and
sideration, bills may be amended, laid on the table, comprehension of when those motions are in order
referred back to a committee, postponed, approved, or out of order require reference to the rules of the
defeated, reconsidered, or acted on in several other particular house and to the specific parliamentary
ways as specified in the rules of each house. (Bills procedure manual designated in those rules.
listed below the black line on the Calendar have
not yet been scheduled for a floor vote.) Action in the Second House
When a member seeks to speak on an issue
during a floor session, the member rises and When a bill is passed by the first house, it is
addresses the presiding officer. When more than forwarded to the second house where it undergoes
one member rises at the same time, the presiding essentially the same process of introduction,
officer names the member who is given permission referral to committee, committee hearings, and floor
to speak. Members should avoid reference to action. The second house may pass the measure
personalities in their comments and confine their without change, amend it, prepare a substitute bill,
remarks to the question under debate. House and indefinitely postpone it, or defeat it just as with bills
Senate Rules may contain limitations on the amount originating in that house.
54 A Guidebook for Ohio LegislatorsHow a Bill Becomes a Law in Ohio
Part 5
If passed in first house, bill sent If passed in second house with
to second house where process amendments, bill returns to first
If passed in second is repeated (introduction; referral house for concurrence
house with no to standing committee; floor vote)
changes, bill goes to
presiding officers for If first house does not concur
signature and second house insists on its
amendments, conference committee
If first house concurs, goes to may be appointed (three members
presiding officers for signature from each house); makes changes;
reports back to both houses
Signed by
Speaker of House and If both houses If either house
President of Senate accept does not
conference accept report,
committee bill dies
report, goes to
presiding officers
for signature
Resolving House-Senate Differences bill in the form adopted by the originating house, or
it may insist on its amendments. If it insists on the
Concurrence in Changes amendments, either house may call for a committee
If the second house adopts a bill in any version of conference, but usually it is the second house
other than that adopted by the first house, the bill that does so. On rare occasions, the second house
is returned to the first house for concurrence with will adhere to its amendments, thereby precluding
the changes. If changes in committee in the second a conference committee and effectively killing the
house were adopted as amendments and a substitute bill.
bill was not prepared, the amendments must be
printed in the Journal of the originating house. All Conference Committee
floor amendments also must be printed. A conference committee generally consists
The question of concurrence in the changes of three members from each house appointed
adopted by the second house is considered during a respectively by the Speaker of the House and the
floor session in the originating house. The members President of the Senate. The chairperson of the
must vote either to concur or not to concur; they conference committee is the first named member
cannot propose additional changes. The same of the members appointed from the house in which
number of votes is required for concurrence as the bill originated. A conference committee may
was required to pass the measure originally. If the consider amendments pertinent to the bill and
originating house concurs in the changes made by include amendments in its report if the amendments
the second house, the bill is enacted. If it does not relate exclusively to the original matters of
concur, it must send a formal notice to the second difference between the houses. If the members
house that it will not accept the changes made by the of a conference committee are unable to reach an
second house. The second house may recede from agreement, subsequent conference committees may
its amendments, which has the effect of passing the be appointed.
Ohio Legislative Service Commission 55How a Bill Becomes a Law in Ohio
Part 6
Signed by Act presented to Governor
Vetoed by Governor,
Governor returned to originating
house with veto message
If Governor does not sign or veto within
ten days after presentation (excluding
Sundays), act becomes law without
Governor’s signature
Vote of 3/5
of members
Filed with Secretary of State for final from each
enrollment; effective 91 days after filing. house
Emergency, current appropriation, and necessary
tax legislation effective immediately to override a
veto
If the conference committee members resolve the Speaker of the House and the President of the
the differences between the two versions of the Senate. At this point, the bill becomes an act and is
bill, the committee issues a conference committee sent to the Governor for approval or disapproval.
report. The report contains a listing of the changes
that resolved the differences, written in the style Action by the Governor
of amendments. To be accepted, a conference
committee report must be agreed to by at least The Ohio Constitution requires that each act
a majority of the members appointed from each passed by the General Assembly be presented to
house. the Governor for approval before it becomes law.
When a conference committee report is If the Governor approves, he or she signs the act,
submitted to the House and Senate, the members of whereupon it becomes law and is filed with the
each house then must vote on whether to agree to Secretary of State. If the Governor fails to sign the
the conference committee report. No changes to the act or to return it with a veto within ten days after
report may be considered. The only question posed receiving it (Sundays excepted), it becomes law as
to the members of the House and Senate is whether if it had been signed.
or not to accept the report. If the membership of The Governor does not have a “pocket veto,” as
either house fails to ratify the agreement reached by does the President of the United States. If Congress
the conference committee, that house must notify adjourns within ten days after presenting an act to
the other house of its action and may request that the President and the President has neither signed
another conference committee be appointed. If the act nor returned it to Congress, the act does not
no conference committee negotiates an agreement become law. In Ohio, if the General Assembly, by
acceptable to the membership of both houses, the its adjournment, has prevented an act’s return, the
bill is defeated. However, if both houses approve a act becomes law unless, within ten days after the
conference committee report, the bill is enacted. General Assembly’s adjournment, it is vetoed by the
Governor and filed with the Governor’s objections
Signature by Presiding Officers in the office of the Secretary of State.
As noted, the Governor may disapprove
Once a bill is enacted, an enrolled version of the any enactment of the General Assembly. In
bill, or final printed copy, is prepared and signed by addition, the Ohio Constitution authorizes the
56 A Guidebook for Ohio LegislatorsGovernor to disapprove items in any act containing emergency measures and court bills that originally
appropriations. If the Governor so acts, the required a two-thirds majority for passage. In
disapproved act or item does not become law unless those cases, the same extraordinary majority vote
the General Assembly overrides the Governor’s is required to override a veto.
veto. After these steps are completed, the act is
Upon vetoing an act or a part of an appropriation filed with the Secretary of State. The Secretary
act, the Governor must return it to the originating forwards the act to the LSC Director for approval
house along with written objections. That house of the Revised Code section numbers. Finally, the
must publish the objections in its Journal and may act is returned to the Secretary of State to be filed
reconsider the bill notwithstanding the Governor’s permanently.
veto. If three-fifths of the members vote to override
the veto, the act is sent to the second house, again Effective Date
with the Governor’s written objections. The second
house also must decide whether or not to override The Ohio Constitution requires that 90 full
the veto. If three-fifths of the members of that house days elapse before a law goes into effect in order
vote to override the veto, the act becomes law in to permit any possible referendum petition to be
spite of the Governor’s objections. The exception to circulated and filed by the electorate. This makes
the three-fifths requirement covers such matters as the normal effective date of a law the 91st day after
Calculating the Odds
The legislative process in Ohio is complex. In most recent sessions, fewer than one-fourth of the total bills
introduced in the General Assembly became law. The following table indicates the numbers of bills becoming
law during seven sessions of the General Assembly.
1400
1200 1160
1112
1052
1016
992
1000 939
878
800
Number of Bills
600
400
324 324
251 250
189 188 198 196 202 199
175 172
200
59 58
58
0
1 2 3
123rd G .A. 124th G .A. 125th G .A. 126th G .A. 127th G .A. 128th G .A . 129th G .A.
HHouse
o us e an d Sen
and ate Bills
Senate Bills In troduced
Introduced Bills
BillsPas s ed by
Passed by Bo th HHouses
Both o uses an
andd Presented
Pres entedtotothe
theGovernor
G o vernor Bills Becoming
Bills Bec o m ing Law
Law
1
Includes legislation from the special session called by the Governor in December 2004.
2
Three bills enacted by the 126th General Assembly were vetoed. The General Assembly overrode one of the vetoes, and the Ohio Supreme
Court declared another veto to be invalid. A fourth bill, H.B. 694, although not vetoed, was invalidated by the 10th District Court of Appeals in
April 2009.
3
The Governor vetoed one bill, the voters rejected another in a referendum vote, and one was repealed before it took effect.
Ohio Legislative Service Commission 57its filing with the Secretary of State. However, the Delayed Effective Dates
Constitution also stipulates that laws providing Occasionally, the members of the General
for appropriations for the current expenses of Assembly want a law or certain sections of a law
state government, tax levies, and emergency laws to take effect sometime after the constitutionally
necessary for the immediate preservation of the established effective date. In such situations, the
public peace, health, or safety go into immediate General Assembly can enact an uncodified section
effect and are not subject to the referendum. of law specifying the desired later effective date.
Appropriations
Under section 1.471 of the Revised Code, a
section of law in an act that contains an appropriation
Legislative Publications
for current expenses is not subject to the referendum
Various publications are available to assist
and goes into immediate effect if the section is an
members in the legislative process.
appropriation for current expenses, if the section
is an earmarking of the whole or part of such an
Bill Analysis
appropriation, or if implementation of the section
depends on an appropriation for current expenses
The staff of the Legislative Service Commission
that is contained in the act. Any other section of
prepare a detailed narrative description of each bill
law in the act is subject to the referendum and goes
that is scheduled for a hearing in committee. This
into effect on the 91st day after the act is filed with
bill analysis is updated as the bill moves through
the Secretary of State. The statute requires the
the legislative process. Each analysis contains:
General Assembly to determine which sections go
(1) a heading consisting of the bill number, the
into immediate effect.
version of the bill being analyzed, and the bill’s
sponsors, (2) brief statements summarizing the bill,
Tax Levies
(3) a content and operation section that describes
Section 1.471 of the Revised Code deals with
the bill in more detail, and (4) the bill’s legislative
the effective date of appropriations only, not with
history. An analysis usually is easier to understand
acts that provide for tax levies. However, the Ohio
than the bill itself because it is written in narrative
Supreme Court has endorsed the logic behind
style and organized by topic, with the bill’s key
section 1.471. Therefore, it is probably safe to
provisions described first.
assume that if an act contains both an “actual, self-
A bill analysis does not present arguments
executing levy” (in the words of the Court) and
for or against a bill, nor does it discuss any
other provisions, the levy portions will go into effect
political implications of passing or defeating a
immediately upon the Governor’s approval and the
bill. However, because it contains an impartial
other provisions, subject to the right of referendum,
and nonpartisan description of a bill’s contents, it
will take effect 91 days after filing.
is useful in understanding the bill.
Emergency Laws
Synopses
The Constitution requires that an emergency law
include a separate section setting forth the nature
The LSC staff prepare a synopsis of any
of the emergency. This separate section, generally
substantive amendments adopted by a committee in
called an “emergency clause,” must be voted on
the second house that is hearing either a bill or a joint
with a separate roll call. Both the emergency clause
resolution proposing a constitutional amendment.
and the law as a whole must receive the affirmative
The synopsis is made available to each member of
vote of two-thirds of the members of each house.
the first house when that house votes on the question
An emergency clause is drafted in accordance
of concurrence in the second house’s amendments.
with constitutional guidelines and is an uncodified
The appropriate clerk is responsible for providing
section of law.
58 A Guidebook for Ohio Legislatorscopies of any floor amendments adopted in the practice, the fiscal note and local impact statement
second house to specified members of the first house are combined in one document.
at the time of that vote. True to its name, a synopsis The law requires a local impact statement to
of committee amendments is a brief document. The contain the most accurate estimate possible of any
changes adopted by a committee in the second house net additional cost to local governments. A bill for
are presented in their order of importance and are which a local impact statement is required cannot
not explained in detail. be voted out of committee until the committee
Additionally, the House Rules require that, members have received the statement or, if the bill
whenever a substitute bill is accepted by a was amended by the committee, a revised statement
committee or a subcommittee for consideration, unless the bill is voted out by a two-thirds vote of
the LSC staff prepare a synopsis that summarizes the membership of the committee.
each substantive difference between the substitute
bill and the preceding version of the bill. The LSC Status Report of Legislation
staff also must prepare a synopsis that summarizes
the difference in fiscal impact between the two The LSC staff produce an online legislative
versions of the bill. Both synopses must be made Status Report that is updated after each House
available to the committee before the committee or and Senate Journal is posted. When the General
subcommittee votes on the bill unless the committee Assembly is in voting session, a printed version of
or subcommittee orders otherwise. For a conference the report, updated to reflect the week’s legislative
committee report, LSC staff must prepare a synopsis action, is distributed to the members’ offices for
of committee recommendations. The Senate Rules each session week. This report lists all bills and
do not contain a requirement that such synopses be joint and concurrent resolutions introduced in
prepared. the General Assembly as of the date of issue and
indicates the status of each as of the end of the
Fiscal Note and Local Impact Statement preceding week. The Status Report also lists the
dates on which any legislative action was taken
The LSC staff, as required by state law, prepare on each bill or resolution. The Status Report is
a fiscal note prior to a vote on a bill in the first useful in determining where a particular piece of
committee, generally for the second hearing. The legislation is in the legislative process.
fiscal note is updated for a floor vote in the first
house and before any committee and floor votes in Journal
the second house. Fiscal notes contain estimates of
a bill’s revenue or expenditure implications for the The House and Senate Journals are records of
state and local governments. As with bill analyses, the activities of the two houses. They are prepared
the purpose of fiscal notes is to provide impartial by the House and Senate Clerks’ offices following
information to legislators. each daily session and are available online at the
State law also requires the LSC staff to make General Assembly’s web site. Reference copies of
a local impact determination for every bill that the Journals in looseleaf format also are available
is introduced and referred to committee, except to members in the Senate Chamber and Senate
major appropriations bills. If the staff determine members’ lounge and in the House Chamber and
that a bill could result in a net additional cost to Clerk’s office.
school districts, counties, townships, or municipal All roll call votes are recorded in the Journal.
corporations, a local impact statement must be Similarly, copies of some resolutions, committee
prepared within 30 days after the bill is scheduled reports, floor amendments, and official messages
for its first hearing in the committee in the house from the other house are printed in the Journal.
in which it was introduced or within 30 days after However, floor speeches and transcripts of oral
the chairperson of that committee requests it. In debate are not included in the Journal. (Video
Ohio Legislative Service Commission 59archives of voting sessions are available in their Digest of Enactments
entirety online at www.OhioChannel.org or the
link on the General Assembly’s web site. For more The LSC staff edit all final analyses and convert
information about Ohio Channel, see Chapter 10.) At them to digest form. The digests are compiled
the end of a biennial session of a General Assembly, and published in a Digest of Enactments. This
the daily Journals are bound in permanent volumes, publication is prepared annually at the end of each
available in the LSC library. year and contains a brief summary of each bill
enacted during that year, including those that were
Calendar vetoed by the Governor. Editions published prior
to the 121st General Assembly were in a different
The Clerk of each house has a Calendar format entitled the Summary of Enactments.
prepared for its members before the opening of a
voting session. The Calendar contains the agenda Bulletin
for the day as well as a listing of all bills favorably
reported by standing committees. The Calendar is The Senate Clerk is responsible for compiling
available both online and in a printed format. the Bulletin, a publication that contains various
In both the House and the Senate, the Calendar types of legislative information relating to both
indicates bills for third consideration, concurrence houses. The Bulletin is a catalogue that lists in
votes on bills returning from the second house, and numerical order all bills and resolutions introduced
special orders of the day. The Calendars also may in either house. It includes a short description of
show other business or information relating to the each bill or resolution followed by a summary of
functions of the houses that the presiding officers the actions taken during its progress through the
wish to bring to the attention of the membership. legislative process. The Bulletin also provides
Each Calendar lists, below a prominent black cross-references to the Journal. For example, if a
line, all bills that have been recommended for bill is amended, the Bulletin refers to the date and
passage by standing committees but that have not page of the Journal where the amendment may be
yet been scheduled by the Senate Rules Committee found.
or the House Rules and Reference Committee for a At the back of both the House and Senate
floor vote. These bills are listed in this section of the sections of the Bulletin is a listing of the members
Calendar until scheduled for a floor vote, at which with the bill and resolution numbers of legislation
time they appear above the black line. Accordingly, they sponsored or cosponsored. Also listed are
the daily agenda involves only those matters listed sections of the Ohio Constitution and the Revised
above the black line on the Calendar. In both Code affected by resolutions and bills that were
houses, when a bill scheduled for third consideration introduced during the period covered by the
is not reached on the scheduled day, it is carried Bulletin. In addition, the Bulletin lists special
over to the next voting session and retains its place legislative committees and the members appointed
on the Calendar above the black line. to those committees. Finally, the Bulletin contains a
subject matter index of all bills to assist in locating
Final Analysis legislation by specific topics. Because this is the
only subject matter listing of bills that is prepared
When a bill is enacted, the LSC staff prepare a during the legislative process, the index is a valuable
final analysis of the act. The final analysis contains a feature of the Bulletin.
detailed, narrative description of the bill as enacted,
reflecting any changes made on the floor of the Laws of Ohio
second house or in conference committee. A final
analysis is prepared as quickly as possible after a The Secretary of State is required by statute to
bill’s enactment. publish the session laws, known as Laws of Ohio,
60 A Guidebook for Ohio Legislatorsin a paper or electronic format at the end of each
biennial session of the General Assembly. This is
a compilation of all acts passed by that General
Assembly. The acts appear in numerical order and
in act form. Laws of Ohio is especially useful if
a member is attempting to learn how earlier acts
affected a particular section of the Revised Code
or what the exact changes were in an act from a
previous General Assembly. Laws of Ohio is the
only official publication of the enactments of the
General Assembly. However, the General Assembly
web site posts acts beginning with the 122nd
General Assembly with links to the Status Report of
Legislation and related legislative documents.
Ohio Legislative Service Commission 61How a Bill Becomes a Law in Ohio
Legislator becomes aware of need
for legislation
HOUSE SENATE
Legislator requests LSC to draft a proposed
Bill filed with House Clerk, bill or submits draft for review Bill filed with Senate Clerk,
numbered, first consideration numbered, first consideration
(read by title), referred to (read by title), referred to
House Rules and Reference LSC drafts proposed bill for introduction Senate Reference Committee
Committee in either house
*House Rules and Reference *Senate Reference Committee
Committee reviews, reviews, recommends standing
recommends standing *Standing committee: holds public committee assignment
committee assignment hearings; amends, combines, substitutes
bill; refers to subcommittee; postpones;
defeats or favorably reports bill. May be Second consideration, bill
Second consideration, discharged of further consideration referred to standing
bill referred to standing committee
committee
*House Rules and Reference Committee or
Senate Rules Committee: rerefers; takes no action;
schedules bill for third consideration (floor action)
If passed in second If passed in second house with
house with no changes, *Third consideration, amendments, bill returns to first
bill goes to presiding debate on floor, and vote house for concurrence
officers for signature
If passed in first house, bill sent
*If first house does not concur
to second house where process
and second house insists on
is repeated
its amendments, conference
committee may be appointed
If first house concurs, goes (three members from each house);
to presiding officers for signature makes changes; reports back to
both houses
Signed by If both houses *If either
Speaker of House and accept house does not
President of Senate conference accept report,
committee bill dies
report, goes to
Signed by Act presented to Governor
presiding officers
Governor
for signature
If Governor does not sign or veto within
ten days after presentation (excluding *Vetoed by Governor, returned
Sundays), act becomes law without to originating house with veto
Governor’s signature message
Filed with Secretary of State for final
enrollment; effective 91 days after filing. Vote of 3/5 of members from
Emergency, current appropriation, and each house necessary to
tax legislation effective immediately override a veto
*Indicates where bill may die
Ohio Legislative Service Commission 63You can also read
