Professional Journal

The Ohio Joint Select Committee Process

By:
Laura P. Clemens
Legislative Clerk
Ohio House of Representatives

Matthew T. Schuler
Clerk
Ohio Senate

Volume 6, Number 1 Summer 2000

There are times during a legislative session when issues arise of such magnitude and importance that the legislative leaders agree that a cooperative effort between both houses is beneficial to expedite action on the issue. In Ohio, special joint committees have traditionally been formed to explore and deliberate these complicated matters. In recent years, these issues have included tort reform, campaign finance reform, electric deregulation, school funding, and the use of the tobacco settlement money.

Typically, these joint committees have been created by adopting a joint resolution which names the joint committee, details its composition, and sets forth its mission. House and Senate members are then appointed by the Speaker of the House and the President of the Senate, respectively. Upon convening, joint committees would spend countless hours hearing testimony, digesting reports, and working toward consensus. The joint committee would then report its recommendations to the legislative leaders.

However, after the joint committee completed its work, the proposed legislation still had to go through the regular legislative process, including extensive and repetitive committee hearings in both houses. Why? Because joint committees had little authority other than to hear testimony and informally submit a report. Consequently, after months of hearings and deliberations, the process essentially had to begin again. This process was duplicative, time-consuming, and inefficient.

In 1998, legislative leaders decided that it was time to adopt joint rules, including a new process whereby a joint committee would have the authority of a regular standing committee to formally receive a bill and issue a report to be considered by the bodies of both chambers.

The task seemed simple. We envisioned that a joint resolution would be adopted creating a joint select committee. The house of origin would then introduce the bill and refer it to the committee. Once the joint committee finished its work and submitted its report, the bill would be voted on by the house of origin and sent to the second house for its final vote.

However, there was one significant problem with this process. It was unconstitutional. Article II, section 15 (C) of the Ohio Constitution states, "every bill shall be considered by each house on three different days, unless two-thirds of the members elected to the house in which it is pending suspend this requirement, and every individual consideration of a bill or action suspending the requirement shall be recorded in the journal of the respective house." In Ohio, three considerations occur upon (1) introduction, (2) referral to committee, and (3) floor vote. By virtue of the house of origin referring a bill to a joint committee, the second house would be deprived of its ability to also refer the bill and meet its second consideration requirement.

The challenge then was to develop a process that allowed for one set of committee hearings that still enabled both houses to consider the bill on three different days without the untenable reliance on suspending the constitution. As we mapped out the essentials of the process, it became clear that we could not maintain the goals of the joint select committee and allow three considerations to happen in sequence in one house and then in sequence in the other house. We had to work outside of our conventional understanding of when and how the three considerations had to occur. We finally agreed on a procedure where the considerations in one chamber were not completed before the considerations in the second chamber began. In this manner, we met our goal.

If a joint select committee were to consider a Senate bill, the procedure would adhere to the following structure. The bill is introduced in the Senate and receives its first consideration. The following legislative day, a message from the President would be read, creating and referring the bill to the joint select committee. The reading of the message and the title of the bill constitutes second consideration. After a one-day layover and a favorable vote, the message is sent to the House. The reading of the message and the title of the bill by the House serves as its first consideration. After a one-day layover and a favorable vote, the bill is officially referred to the joint select committee and deliberations begin.

Once the joint select committee finalizes its work on the bill and votes on its report, the bill is sent to the Senate Committee on Rules to be placed on the calendar for its third consideration. Once passed, the bill is sent to the House. When the House reads the message from the Senate requesting concurrence, the bill receives its second consideration. At this stage, the House Committee on Rules and Reference places the bill on the calendar for its third consideration.

In January of 1999, the House of Representatives and the Ohio Senate adopted joint rules, including the new joint select committee process. Since its inception, the process has been utilized twice. The first concerned legislation to implement a bond issuance for school building assistance; the second was legislation to merge the Ohio Department of Human Services and the Ohio Bureau of Employment Services into one agency called the Ohio Department of Job and Family Services. The new process has proven to be an effective avenue to efficiently address significant issues without sacrificing thorough and comprehensive hearings.

Following is the excerpt from the Joint Rules of the 123rd General Assembly dealing with joint select committees.

Joint Select Committees

Rule 3. (Joint select committees: creation.) The President may initiate creation of a joint select committee of the Senate and House for the purpose of considering a Senate bill, a Senate joint or concurrent resolution, or a matter of inquiry. The Speaker may initiate creation of a joint select committee of the Senate and House for the purpose of considering a House bill, a House joint or concurrent resolution, or a matter of inquiry. A bill or joint or concurrent resolution shall not be referred to a joint select committee if its main feature is the appropriation of money or a proposal to alter or modify the state's existing tax structure.

To initiate creation of a joint select committee, the President shall cause to be read before the Senate or the Speaker shall cause to be read before the House a message creating the joint select committee. After the message is read, it shall lie over one calendar day before it is voted upon. If the message is approved, it shall be transmitted to the second house. Upon receipt, the President or Speaker shall cause the message to be read before the second house. After the message is read in the second house, it shall lie over one calendar day before it is voted upon. If the message is approved in the second house, the joint select committee thereupon is created as specified in the message. The second house shall notify the first of its disposition of the message. The message shall be spread in full upon the Senate and House Journals.

The message is not amendable and shall be voted upon as a whole. Either house, by vote of a majority of the members elected thereto, may suspend the requirement that the message lie over one calendar day before it is voted upon in that house.

A copy of the message shall be provided to each member of the Senate and House at the time it is read therein.

The message shall specify the name of the joint select committee; the equal number of members the joint select committee is to have from each house; the purpose the joint select committee is to fulfill; and, if the joint select committee is to consider a matter of inquiry, any special rules with respect to submission of its report. If a joint select committee is created for the purpose of considering a bill or joint or concurrent resolution, the bill or joint or concurrent resolution shall be attached to the message. If a joint select committee is created for the purpose of considering a matter of inquiry, the matter of inquiry shall be described in the message.

Reading of the message in the first house constitutes second consideration of the bill in that house; the reading of the message and second consideration of the bill shall be recorded in the Journal of the first house. Reading of the message in the second house constitutes first consideration of the bill in that house; the reading of the message and first consideration of the bill shall be recorded in the Journal of the second house.

Rule 4. (Joint select committees: members and officers.) A joint select committee shall have an equal number of members from the Senate and House. The President shall appoint, and may remove and replace, the Senate members of a joint select committee. The Senate Minority Leader, in a manner to be determined by the Senate Minority Caucus, may recommend Senate minority party members for a joint select committee. The Speaker shall appoint, and may remove and replace, the House members of a joint select committee. The House Minority Leader, in a manner to be determined by the House Minority Caucus, may recommend House minority party members for a joint select committee. The President and Speaker shall appoint members from their respective houses as necessary to fill vacancies on a joint select committee. The appointment or removal of a member of a joint select committee shall be entered upon the journal of the house from which the member is appointed.

If a joint select committee is created to consider a Senate bill or joint or concurrent resolution, or a matter of inquiry referred by the Senate, the first-named Senate member is chairman and the first-named House member is vice-chairman of the joint select committee. If a joint select committee is created to consider a House bill or joint or concurrent resolution, or a matter of inquiry referred by the House, the first-named House member is chairman and the first-named Senate member is vice-chairman of the joint select committee.

In the absence of the chairman of a joint select committee, the vice-chairman of the joint select committee has the duties and authority of the chairman.

Rule 5. (Joint select committees: consideration and report by.) If a joint select committee is created to consider a bill or joint or concurrent resolution, the joint select committee shall study and conduct hearings with respect to, and may amend or substitute, the bill or joint or concurrent resolution. The joint select committee may report the bill or joint or concurrent resolution. Bills or joint or concurrent resolutions that are reported shall be reported to the rules committee of the house where the bill or joint or concurrent resolution originated. When the joint select committee reports a bill or joint or concurrent resolution, it shall indicate in its report the members who voted "yes" and "no" on the report.

If a bill reported by a joint select committee passes the house of origin, its subsequent introduction in the second house constitutes second consideration of the bill in that house. The introduction and second consideration of the bill shall be recorded in the journal of the second house.

A bill or joint or concurrent resolution reported by a joint select committee is not required to be referred to a Senate or House standing or select committee or subcommittee.

If a joint select committee is created to consider a matter of inquiry, the joint select committee shall study the matter of inquiry, may conduct hearings on the matter, and shall prepare a report and recommendations with respect to the matter. The report may include recommended legislation. Unless otherwise directed in the message referring the matter of inquiry, the joint select committee shall submit its report to the President and Speaker.

Rule 6. (Joint select committees: quorum; voting.) A majority of the Senate members and a majority of the House members of the joint select committee is a quorum. Each member of a joint select committee has one vote. A joint select committee may not take any action unless the action is agreed to by a majority of its members on the part of the Senate and by a majority of its members on part of the House. However, except for reporting a bill or joint or concurrent resolution with a recommendation that it be indefinitely postponed or passed or adopted or submitting the joint select committee's report on a matter of inquiry, a joint select committee, by vote of a majority of its members on the part of the Senate and a majority of its members on the part of the House, may choose to take any action upon agreement, not of separate majorities, but of a majority of all the members of the whole joint select committee.

A proxy vote in a joint select committee is invalid. A member of a joint select committee who is present shall vote unless excused by the joint select committee. A member of a joint select committee is not entitled to vote except while actually present in a meeting of the joint select committee, unless the member has first actually been present in the meeting, and the vote is continued for members who, before the vote, were actually present in, but at the time of the vote are absent from, the meeting. Continuation of a vote may not extend later than midnight of the day on which the vote was continued.

Rule 7. (Joint select committees: subpoena power; power to administer oaths.) The chairman of a joint select committee, when authorized by the joint select committee and by the President and Speaker, may issue subpoenas and subpoenas duces tecum in aid of the joint select committee's consideration of a bill or joint or concurrent resolution or matter of inquiry that has been committed to the joint select committee. Subpoenas may require witnesses in any part of the state to appear before the joint select committee at a time and place designated in the subpoena to testify. Subpoenas duces tecum may require witnesses or other persons in any part of the state to produce books, papers, records, and other tangible evidence before the joint select committee at a time and place designated in the subpoena duces tecum. A subpoena or subpoena duces tecum shall be issued, served, and returned, and have consequences, as provided in sections 101.41 to 101.45 of the Revised Code.

The chairman of a joint select committee may administer oaths to witnesses appearing before the joint select committee.

Rule 8. (Joint select committees: open meetings.) All meetings of a joint select committee shall be open to the public unless closed in accordance with Ohio Constitution Article II, Section 13.

The chairman of a joint select committee, not later than two days before a meeting of the joint select committee, shall give due notice of the meeting. The notice shall identify the joint select committee; identify the chairman; state the time and place at which the meeting will be held; and set forth an agenda showing the bill or joint or concurrent resolution or matter of inquiry that will be considered at the meeting. If an emergency requires consideration of a bill or joint or concurrent resolution or matter of inquiry at a meeting, and two days' advance notice of the meeting therefore is impractical, the chairman may schedule an emergency meeting of the joint select committee by giving twenty-four hours' advance notice of the emergency meeting to the news media that have requested such notification and the bill or joint or concurrent resolution or matter of inquiry then may be considered at the emergency meeting as the emergency requires.

A joint select committee shall not meet during a session of the Senate or House, except by special leave of that house.

Rule 9. (Joint select committees: records.) The chairman of a joint select committee shall maintain a record of evidence that is presented before, or obtained by, the joint select committee.

The joint select committee shall keep minutes of its proceedings and at each meeting except the first shall approve the minutes taken at the previous meeting, or if the minutes require correction, shall correct and approve the minutes. The joint select committee shall maintain a record of its approved minutes, and promptly after approval shall file a copy of its minutes with the Clerk of the Senate and Clerk of the House.

When a joint select committee concludes its work, or upon sine die adjournment of the house of which the joint select committee's chairman is a member, the chairman shall deliver all the joint select committee's records to the Clerk of the Senate if the chairman is a member of the Senate or to the Clerk of the House if the chairman is a member of the House.

For more information about ASLCS, write or call:

Joan Barilla
National Conference of State Legislatures
7700 East First Place
Denver, CO 80230
Phone: 303/856-1349
FAX: 303/364-7800
E-mail: joan.barilla@ncsl.org