How a Bill Becomes Law
- Introduction
The first consideration of a bill consists of a reading of the bill’s title by the appropriate clerk on the day of introduction. The process of introduction and first consideration differs slightly in the two houses.
A Senator may introduce a bill by filing four copies with the Senate Clerk at least one hour prior to the next convening session of the Senate. Senate Rules specify that a bill must include the name of the bill’s author or authors (sponsor or joint sponsors) and any co-authors (cosponsors).
A Representative introduces a bill by filing it with the House Clerk in a number of copies or electronically, as determined by the Clerk. House Rules specify that bills must be filed at least one hour prior to the time set for the next convening session of the House. The Clerk must keep a complete record of each bill, including such information as its number, author (sponsor), and subject. When, in the regular order of business during House floor session, it is time for introducing bills, the Clerk reports them in the order received.
In the House, if opposition to a bill is expressed on introduction, the Speaker of the House or presiding officer puts the question of rejecting the bill to a vote. For the bill to be rejected, the question must receive a majority vote of the members present. If it is not rejected, it proceeds in the regular order. The question of rejecting the bill must be decided without debate. It should be noted, however, that virtually all bills are accepted for introduction in the House without opposition.
- Committee Assignment
The second consideration of a bill occurs when the House Rules and Reference Committee or the Senate Rules and Reference Committee, to which bills are sent following introduction, reports it back to the committee’s house with a recommendation for assignment to a standing committee. The report, if accepted by the house, constitutes the bill’s second consideration.
- Committee Reports
When a committee completes its deliberations on a bill, it votes to take one of the courses of action described earlier. If the committee reports the legislation back to the full membership of the house, it issues a committee report. Along with a signature page containing the signatures of all committee members who voted for or against the measure, the report consists of the bill with any amendments attached to it, or if a substitute bill was reported, the new version of the bill. The report must be filed with the Clerk. The bill then goes to the Rules and Reference Committee of the House or Senate for consideration of possible floor action.
- Third Consideration
The House and Senate Rules and Reference Committees operate much like a traffic controller. Their function is to select from the many bills reported by the standing committees those that will be scheduled for floor debate and a vote by the full house. The chairperson of the House Rules and Reference Committee usually is the Speaker of the House or a leader within the majority caucus. The chairperson of the Senate Rules and Reference Committee is the President of the Senate.
When the Rules and Reference Committee schedules a bill for floor debate and a vote, it places the bill on the Calendar above a black line. When the house meets to take action based on that day’s Calendar, the bill receives its third consideration – floor action. On third consideration, bills may be amended, laid on the table, referred back to a committee, informally passed, postponed, approved, defeated, reconsidered, or acted on in several other ways as specified in the rules of each house. Bills listed below the black line on the Calendar have not yet been scheduled for a floor vote.
When a member seeks to speak on an issue during a floor session, the member rises and addresses the presiding officer. When more than one member rises at the same time, the presiding officer names the member who is given permission to speak. Members should avoid reference to personalities in their comments and confine their remarks to the question under debate. House and Senate Rules may contain limitations on the amount of time and how often a member may speak during floor debate on bills. Members in both houses are normally permitted to quote or read from books or other materials during the time they are speaking.
- Awaiting Action by the Governor
The Ohio Constitution requires that each act passed by the General Assembly be presented to the Governor for approval before it becomes law. If the Governor fails to sign the act or to return it with a veto within ten days after receiving it (Sundays excluded), it becomes law as if it had been signed.
- Action by the Governor
The act, if approved, is signed by the Governor, whereupon it becomes law and is filed with the Secretary of State. If the Governor fails to sign the act or to return it with a veto within ten days after receiving it (Sundays excluded), it becomes law as if it had been signed
the Governor may disapprove any enactment of the General Assembly. In addition, the Ohio Constitution authorizes the Governor to disapprove items in any act containing appropriations. If the Governor so acts, the disapproved act or item does not become law unless the General Assembly overrides the Governor’s veto.
- Effective
The Ohio Constitution requires that 90 full days elapse before a law goes into effect in order to permit any possible referendum petition to be circulated and filed by the electorate. This makes the normal effective date of a law the 91st day after its filing with the Secretary of State. However, the Constitution also stipulates that appropriations for the current expenses of state government, tax levies, and emergency laws necessary for the immediate preservation of the public peace, health, or safety go into immediate effect and are not subject to the referendum.
Committee Actions
A committee may take several different actions on a bill. It may do one of the following:
- Report a bill favorably with no changes
- Adopt amendments and report the bill as an amended bill
- Redraft the bill and report it as a substitute bill
- Indefinitely postpone the bill, thereby defeating it
- Take no action at all
An affirmative vote of a majority of the committee members is necessary either to report a bill favorably or to postpone it indefinitely.
Hearings
Following committee assignment, a bill may, but does not always, receive consideration by the standing committee to which it has been assigned. House Rules require that all House bills and resolutions introduced on or before May 15 of the second year of the two-year session be referred to a committee and scheduled for a minimum of one public hearing. Senate Rules require that all Senate bills and resolutions referred by the Rules and Reference Committee on
or before April 1 of the second year be scheduled for a minimum of one public hearing.
A major portion of the work of a standing committee involves hearing testimony by persons with a direct interest in the proposal. For this reason, committee meetings generally are referred to as hearings. Although not a requirement, the common practice in both houses is to hold at least two hearings on each measure, one for proponents and one for opponents. The number of hearings held on a bill depends on interest in it, its complexity, and timing, among other factors. House Rules for the 135th General Assembly require the sponsor of a bill or resolution to appear at least once before the committee considering the bill or resolution unless the sponsor has been excused from appearing by the committee chairperson or the Speaker of the House.
The times and dates of committee hearings and listings of the bills to be considered at the hearings are available at the Schedules link on the General Assembly website: legislature.ohio.gov. House Rules require that chairpersons attempt to give five days’ notice, but must give at least 24 hours’ notice, of a committee hearing. Senate Rules mandate that the Clerk post in the Senate Clerk’s office, except in the case of Rules and Reference Committee meetings
or in case of necessity, two days’ notice of any meeting at which a bill or a resolution proposing a constitutional amendment will be heard for the first time. In both houses, notices typically:
- Identify the committee and chairperson
- State the date, time, and place of the meeting
- Set forth an agenda for the meeting
Committee chairpersons usually announce imminent committee hearings at the end of daily floor sessions.
Most members of the General Assembly serve on more than one standing legislative committee. Overlapping committee schedules occasionally preclude a member’s attendance at some meetings. The House and Senate set up regular committee meeting schedules early in the session to minimize such conflicts. Generally, each committee meets at a specific time on the same day of the week. Conflicts most often occur late in the session when the rush of business intensifies and committees begin holding additional meetings. A committee meeting cannot be held during a floor session except by special leave of the House or Senate, as appropriate; however, a committee may meet during a recess from a floor session.
The rules of both houses provide that members cannot vote on a matter in committee unless they are present or have been present at the committee meeting at which the vote is taken. Since a member may have a conflict that prevents attendance at the entire committee meeting, the roll call on a motion to recommend a bill for passage may be held open. In the Senate, at the discretion of the chairperson, the roll call may be left open until 10:00 a.m. on the next calendar day. In the House, the roll call may be continued by motion until no later than noon the following day. If the roll call has been left open, a member who was recorded as present for a part of the meeting before a vote was taken but who missed the vote may still vote on the measure by signing the committee report, provided that the member’s vote does not change the initially reported committee action. Proxy votes are not permitted.
Amendments
Proposed changes to a bill are drafted as amendments to the bill. Amendments may be offered in committee only by members of that committee. House Rules specify that members must be present at the committee meeting when an amendment is voted upon in order for the member to vote on that amendment. An affirmative vote of a majority of the quorum present is necessary to adopt a proposed amendment. Assistance in preparing amendments for a bill is available from the LSC staff person who is assigned to follow that specific bill in committee.
Generally, amendments are prepared before the committee meeting at which they will be offered so that copies may be made available to the other members of the committee. Sometimes, however, amendments are offered without advance preparation and without time for advance distribution. The procedure to be followed in such cases is largely a matter for determination by the committee chairperson. When requesting an amendment, it is helpful to give LSC staff as much advance notice as possible. Each amendment, regardless of when it is prepared, includes a synopsis that summarizes the changes proposed by the amendment and how they will affect the bill if adopted.
If a committee adopts a few amendments that are not lengthy or complex, it usually reports the bill back to the full house as an “amended bill,” and the prefix “Am.” is added to the bill’s number. In such a case, the Clerk of the appropriate house is responsible for engrossing the bill, that is, preparing a new copy of the bill with the committee’s amendments incorporated in it. If a committee reports a bill as an amended bill, the text of the amendments adopted by the committee will appear in the committee report that is printed in the Journal.
Substitute Bills
The chairperson of a committee may decide that a bill is very complex and would require too much time for consideration by the full committee. The chairperson then may designate a few members of the committee to serve on a subcommittee to consider the bill while the full committee goes ahead with other business.
A subcommittee proceeds in much the same manner as the full committee. It may hold hearings on a bill and vote for it, with or without amendments, vote against it, or propose a substitute bill. After the subcommittee has finished its deliberations, it reports its findings and recommendations to the full committee. Members of the full committee then vote on whether to accept the subcommittee’s report. If the vote is favorable, the question then is on the disposition of the bill as reported by the subcommittee. If the full committee chooses not to accept the subcommittee’s report, the chairperson may decide either to appoint another subcommittee or simply proceed with the bill as though the subcommittee had not been appointed.
Types of Bills
The General Assembly exercises its legislative power principally by enacting resolutions and bills.
Bills
A bill is a document by which a member of the General Assembly proposes to enact a new law or amend or repeal an existing law. The term “bill” is used to refer to the document from the time it is drafted and delivered to the member until it is considered and approved by both houses of the General Assembly. After passing both houses, a bill becomes an “act” and must be presented to the Governor for acceptance or rejection. If accepted, or if the Governor does nottake any action for ten days, it becomes a “law.”
Resolutions
Resolutions, generally, are formal expressions of the opinions and wishes of the General Assembly and do not require the approval of the Governor. Resolutions are of three types:
- Joint
- Concurrent
- Simple
Joint and concurrent resolutions require the approval of both houses. Simple resolutions require the approval of only the house in which they are introduced. These are available at the Legislation link on the General Assembly website. Older resolutions from 1997 to 2014 are available at the Ohio Archive website.
Joint Resolutions
Joint resolutions are used to ratify proposed amendments to the United States Constitution, to call for a federal constitutional convention, or when required by custom or a statute. For example, proposals seeking to amend the Ohio Constitution are customarily offered as joint resolutions. Joint resolutions require the approval of both houses and, after approval, must be filed with the Secretary of State
Concurrent Resolutions
Concurrent resolutions also require the approval of both houses, but, unlike joint resolutions, they are not filed with the Secretary of State. They are used when required by the Ohio Constitution, a statute, or when the action of both houses is advisable and use of a joint resolution is not required. Cases that typically call for a concurrent resolution include memorializing Congress as to the General Assembly’s position on issues before Congress and determining joint procedural matters such as adjournment. Concurrent resolutions also are used to commend people, groups, and events that are of interest to both houses.
The Ohio Constitution authorizes the General Assembly, by the adoption of a concurrent resolution, to disapprove proposed Supreme Court rules governing practices and procedures in all courts of the state.
State law requires the adoption of a concurrent resolution for the following:
- Putting the question of invalidating a rule before the Senate and the House when the Joint Committee on Agency Rule Review (JCARR) recommends that the General Assembly invalidate a rule that has been proposed or adopted by an executive agency, the resolution for which must describe the rule and reason for recommending its invalidation
- For 60-day extensions of a state of emergency issued by the Governor
- The rescission of orders or rules in response to an emergency
- Approval of the reissuance of a rescinded order or rule prior to the end of the 60-day period during which a rescinded order may not be reissued
- The rescission of orders or rules issued by the Department of Health and certain actions of the Director of Health
Simple Resolutions
Simple resolutions often relate to the organization, appointments, and officers of the house in which they are offered.
