KNOW YOUR OHIO GOVERNMENT
HOW A BILL BECOMES A LAW IN OHIO

A bill is a proposal introduced in the General Assembly that seeks to enact new laws, or to amend or repeal existing laws. Bills may originate in either house and may be altered, amended, or rejected in the other. The constitution requires that all bills must be considered by each chamber three different times, and that no bill may be passed until it has been reproduced and distributed to the members of that chamber. When committee hearings are held on bills, interested people may ask or be requested to testify before the committee either in support or in opposition to the legislation being considered. This offers and opportunity for an individual or organization to make its wishes known directly to the legislators.

The other type of legislation the General Assembly may consider is called a resolution. Resolutions serve as formal expression of the opinions and wishes of the General Assembly and do not require approval of the governor. There are three types of resolutions: joint, concurrent and simple.

• Joint resolutions are reserved for matters of great joint legislative committees, propose amendments to the Ohio Constitution, petition Congress, and ratify amendments to the U.S. Constitution. A joint resolution must pass both houses and be filed with the secretary of state. Proposed amendments to the Ohio Constitution are placed on the ballot at the next general election for approval by Ohio’s voters.
• Concurrent resolutions are generally used as statements of policy by the General Assembly to resolve internal procedural matters.
• Simple resolutions pertain to matters in either the House or the Senate and usually commemorate a person, group, or event, or to state policy of just one of the chambers.

Ideas for bills come from various sources, including private citizens, interest groups, businesses, state agencies, and legislators. All bills proposed by a legislator must be reviewed by the Legislative Service Commission (LSC) for correct form before being introduced. A professional staff is employed by the LSC to draft bills and provide research services for members of the General Assembly. A bill must be sponsored by at least one legislator in order to be introduced in either house of the General Assembly. The Ohio Constitution also gives citizens the right to introduce legislation through the initiative petition process, although this is seldom done. Any member of either house may introduce a bill, and that legislator becomes the bill’s prime sponsor. Other legislators may sign as co-sponsors. The primary sponsor manages the bill throughout the legislative process.

Bills are introduced on the floor of either chamber by reading the titles of the bills. Bills are filed with the legislative clerk, who assigns each a number to be used throughout the legislative process in both houses. House bills are numbered HB1, HB2, and so on; Senate bills are SB1, SB2, and so on. Introduction constitutes the first of the three considerations of each bill required by the Ohio Constitution.

After introduction, the bill is sent to either the Rules and Reference Committee in the House or the Reference Committee in the Senate, where it is reviewed and normally assigned to a standing committee for testimony, debate, and committee action. The referral of a bill to a committee is the second consideration of the bill.

An important part of the legislative process takes place in committee, where the fate of a bill is usually determined. The committee examines and debates those bills assigned to it. Complex or controversial issues are often referred to a subcommittee for more thorough consideration or redrafting. The committee can either begin processing the bill or take no action, which essentially defeats the bill for the remainder of the session. If a committee wishes to take action on a bill, hearings are scheduled. In most cases at least two hearings are held on a bill, one for proponents and one for opponents. The committee may amend, rewrite, or combine bills based on testimony gathered at public hearings conducted by the committee. The committee then votes either to report the bill favorably for consideration by the entire chamber or to postpone the legislation indefinitely, which defeats the bill. The consent of a majority of the committee members is required to take either action.

Bills that have been favorably reported out by a standing committee are sent to the rules committee of that chamber. Each rules committee creates a calendar that lists when bills will be considered for debate and a full vote by the entire membership of the House or the Senate. This is important because only bills that are on the calendar can be voted upon. The rules committees have the power to prevent floor action on a bill by never scheduling a bill on the calendar.

The bills sent to the entire chamber are given a third consideration in the order listed on the calendar. The bill’s sponsor begins the discussion by giving a review of the bill’s purpose and content. Bills are then debated and amended according to the procedures of each chamber. All members present are required to vote unless they have gained permission in advance to abstain due to conflict of interest. The Ohio House votes through an electronic roll call system. The Ohio Senate calls the roll by voice. The bill can be passed, defeated, or postponed until later. To pass, a bill must attain a favorable vote by a simple majority of the membership, 50 votes in the House and 17 in the Senate 17. Emergency legislation — that is, a bill that contains language that would make it effective immediately upon approval by the governor — requires a two-thirds majority vote. A bill enacting a constitutional amendment requires a three-fifths majority to be put before the voters.

After a bill passes one chamber, it is sent to the other, where it follows a similar procedure. If a bill is modified in the second chamber, it must return to the first chamber for approval of the changes. Both houses must approve the same version of the bill.

If the first chamber rejects the modifications, the second chamber may request that a conference committee be established to produce a version that both houses will approve. The conference committee comprises three members from each chamber. Once the committee has produced a compromise bill, both houses must then vote to accept the conference committee version. If the committee cannot reach an agreement acceptable to both houses, the bill is defeated.

A bill that has passed both houses is enrolled, printed in final form as an act, and signed by both the Speaker of the House and the president of the Senate. The act is then transmitted to the governor, who has ten days to take action.

If the governor approves, the bill is signed and the act becomes law in 90 days unless otherwise specified. Emergency or appropriation measures become effective immediately.

If the governor does not approve of the legislation, it is vetoed and returned to the house of origin with the governor’s written objections. Appropriation bills can be vetoed on a line-by-line basis, whereas other types of legislation can be vetoed only as a whole. A three-fifths majority is required in both houses to override a veto.

If the governor fails either to either sign or veto the act by the end of ten days (excluding Sunday), it becomes law following the same time lines as if it had been signed.