The terms constitution and legislation are sometimes used interchangeably. However, their interpretations are diametrically opposite. Legislation is a mechanism that is used in the formulation of statutes, whereas constitutions are created by constituting something. The latter simply deals with rules, while the former contains both concepts and laws (Aron).
This paper attempts to outline a study of the regulatory frameworks of the states of Ohio and Florida.
As this paper would show, the two states have some similarities and disparities.
The State of Ohio’s Legislative Framework
Membership of General Assembly In the General Assembly of the State of Ohio, there is a bicameral legislature comprising the Senate and the House of Representatives. While the senate is composed of 33 members, the House has 99 members who are commonly referred to as the Representatives. Both the Representatives and the Senators are elected by their House districts and Senates respectively. Some of the factors considered for one to hold any of the above posts include that the person should be a qualified voter including having been a resident of Ohio for a minimum of 30 days, resident in the area that they want to be voted in and also been a registered voter for at least 30 days. They should also be a resident of the Senate/House district and should be elected in office with a valid election certificate. In the State of Ohio, the legislative power is vested in both the people and the General Assembly. The only limitations that the legislative power has are in the Ohio and the United States Constitutions as well as the federal law. The legislative power in the State of Ohio is divided into three fundamental powers. The political power is that which allows them to enact laws for operations of the Ohio government. The police power is that which enables the government to enact laws that safeguard the public peace, safety, and well-being. The taxing power is the empowerment to levy and collect taxes for revenue purposes. It also aids in offsetting the state debt. Organizing the General Assembly Special sessions in the General Assembly are presided by the Governor or the presiding officers. The both houses elect members from the majority and minority parties as their leaders. The leaders are charged with the mandate to further the interests of their parties. The Speaker of the House presides over proceedings of the House while the Senate President does the same for the Senate. Part of the mandate of the presiding officers in the state of Ohio’s Senate and House of Representatives is to sign all bills and joint resolutions arising from the General Assembly after certifying all the guidelines. Other leaders elected by the Senate include President Pro Tempore, a Majority Whip, and Assistant Minority Whip among others. In the Ohio Constitution, it is stipulated that the proceedings of both houses should be made open for the public to view with the exception that more than two-thirds of the Senate deciding that there is need for secrecy. In fact, as per the law, it is required that all committee meetings be open to the public always. The definition of committee in this case is to include that of the General assembly, joint house committee, conference committee or a subcommittee. The only incidence where the Open Meetings Law excludes the openness applies to the Joint Legislative Ethics Committee. In addition, there are only a few special exceptions whereby the records kept in any public office can be concealed from the public for inspection and copying. Furthermore, much of the substantive duties of the two Houses is accomplished by its standing committees. Enacting Legislation The work of the General Assembly is majorly divided into two documents. These are the resolutions and the bills. Resolutions are a formal countenance of views and the wishes of the General Assembly (Little and David 37). They come in three major forms i.e. simple, concurrent and joint. Joint resolutions are for the sole purpose of ratifying proposed amendments to the United States of America, calling for a constitutional convention or when required by a statute. Both Joint and concurrent resolutions need an approval of the both houses, i.e. the combined general assembly. On the other hand, simple resolutions are only subject to the house where their introduction took place. As opposed to the joint resolutions, the concurrent resolutions are not filed with the Secretary of State. The next document that is developed by the General Assembly is the bill. This is a document that the member of the General Assembly proposes to enact a law or repeal an existing law. It begins from an idea whereby it might originate from various sources. One of them is the aforementioned member of the General Assembly, the Governor, and an administrative agency belonging to the state of Ohio, a private citizen or even a special interest group. There is a procedure by which a Bill becomes a Law in the State of Ohio (Pohlman 251). It is collectively divided into six sections (The Ohio Legislature 51). The first part of the first section of the procedure is for a legislator to become aware of the need for legislation. This is closely followed by the legislator presenting a formal request for the LSC to draft a proposal or to present his proposal for review. Finally, the LSC would then draft the proposed bill in order for it to be introduced to either house. The second section of the process is that the bill is filed with the House or Senate Clerk and is numbered. Upon the first consideration of the bill, the House, Senate and Reference committees are engaged to discuss the bill (Pohlman 251). They are forwarded to the standing committee assignment. In the second consideration, the bill is left upon the hands of the standing committee. Finally, in the third section, the standing committee would then have a say on the bill. They would hold public hearings, amend or generate a substitute bill or even postpone the bill. On the fourth section, another consideration can be done. Voting may occur which determines how much further the bill can proceed (Little and David 96). If there is a bone of contention, it may proceed to the fifth or the sixth sections. Ohio has a revised code on how to read a bill. It is made available for all the members of the General Assembly to utilize in reading the bills as well as a special provision for reading older codes. In conjunction with the hard copies available in the chambers, there is an online version that is available on the internet or the General Assembly website for easy access. The bill is processed to become an Act and later a Law (The Ohio Legislature 66). First, the bill is transformed to be an Act once the action of both houses is complete and the presiding officers have appended their signatures. The words “An Act” replace the words “A Bill” and there is an additional signature page in the document. Transformation to law follows a signature by the Governor, if the Governor doesn’t sign within ten days or in the event the governor’s veto is overridden by three-fifths majority vote from the General Assembly. Legislative Oversight This is the legislature’s review and assessment of selected activities by the executive branch of the government (The Ohio Legislature 69). There are some special oversight committees that have been put in place to provide legislative oversight. Some of these committees include the following: - Turnpike Legislative Review Committee - Joint Medicaid Oversight Committee - Correctional Institution Inspection Committee Some of the functions of the legislative oversight committees include: - Reviewing the administrative rules - Sunset provisions - Fiscal oversight - Acting as a controlling board - Providing advice and consent to gubernatorial appointments Budget Process The state fiscal year commences at the beginning of the month of July and ends at the end of the month of June the following year (The Ohio Legislature 77). Working on the budget is an assignment that occurs within the first half of the financial year. This includes three things, namely introduction, hearings, and enactment of the following: - Operating appropriations bill that funds most of the state agencies - Transportation appropriations bill especially for the departments of public safety and that of transportation - Appropriations bill for the bureau of workers funded by the state On the final six months of the financial year, other bills enacted are the capital appropriations bill and the capital reappropriations bill. Within the budget process, the General Assembly concentrates on revenue estimates for the General Revenue Funds. Some of the manners in which the State of Ohio maintains a balance in its budget is through hindering the state from incurring debt; requiring the General Assembly to increase revenue to defray state expenses; allowing money in the state treasury to be utilized as per an appropriation by law; limiting appropriation duration to biannually and compelling the governor to minimize expenditure during the periods of insufficient revenue.
The Florida Legislative Framework
The Florida State Legislature forms the Legislative framework of the state. On the other hand, just like in the state of Ohio, the Florida Constitution mandates a General Assembly consisting of the Florida State Senate and a lower house comprising the Florida House of Representatives. The term limits as per the constitution allow house representatives to serve up to four terms, while the Senators to serve up to two terms, a collective of eight years for both cases (Chamblee 335). The houses meet at the Florida State Capitol complex in Tallahassee. The Legislature being a part-time body, just like in the State of Ohio’s, it has 60-day regular sessions each year. However, upon request, there are special sessions prepared to solve urgent matters. The Florida State Budget Just like in the State of Ohio’s, Florida has a state budget that it operates on an annual basis. In the first month of the calendar/budget year, the governor of the state provides all budget instructions to all the state agencies within the state. Promptly in October of the budget year, the agencies hand over their budget requisitions to the gubernatorial office. There are two occasions during which the public hearings are done, i.e. in the months of January and September. The state legislature then receives the proposed budget from the governor in the month of February. Thorough assessment and review of the budget is done by the legislature for adoption in the month of April or May (Ballotpedia). This is done in readiness for the financial year that is similar to that of the State of Ohio’s. The budget can be passed by the vote of a simple majority. Also, just like in the State of Ohio’s legislature, Florida is another state with the provision for the governor to have a line item veto authority. Unlike in the State of Ohio, Florida’s budget comprises of three significant funds namely: the General Fund; the Major Special Revenue Fund and the Special revenue Fund. The two latter funds have a smaller magnitude as compared to the initial. Leadership The legislators in the state of Florida assume office upon election in the general elections. The House of Representatives is headed by the Speaker while the Senate President heads the Senate. The two leaders are extremely powerful and they control the agenda of their chambers including leading committees. This implies that the two leaders control the bulk of state business in the State of Florida (Ballotpedia). Other notable leaders in the general assembly include the majority leader of the senate and the minority leader. In the House of Representatives, there is also the majority and minority leader of the house. The Senate, being the upper house in the Florida State Legislature, is composed of 40 members. While senators of odd-numbered districts are elected in years that are multiples of four, just like the presidents, those of even-numbered districts have their elections coinciding with those of the statewide offices (Dolce 547). This is done in years that end with a digit 2. There are three times as many members of the House of Representatives as there are in the Senate. This is a similar scenario as that which is observed in the State of Ohio. The House of Representatives represents the lower house. It comprises of 120 members, each representing a district. The reelection is biannual on even-numbered years. The age limit for a representative is 21 (Ballotpedia). Like in the state of Ohio, the aspirant must be a resident of the state for a minimum of two years and possess the requirements to run for the office. They are limited to four terms in office. The speaker of the House is elected by the members/representatives on a biannual basis. Some of the powers of the Speaker include the chairing committees, placing bills on the calendar, appointing members of committees and presiding over sessions in the chamber. In case of the speaker not being available in the house to perform his duties, a Speaker pro tempore takes over during that vacancy. Powers of the Legislature One of the powers of the legislature is to propose legislation through bills that have been prepared through thorough professionalism and non-partisanship. As part of the process that the bill has to go through is a committee review; 3 readings of the floor or both houses and appropriate voting majorities as stipulated in the Florida State Constitution. Similar to what happens in the state of Ohio’s the signing into law is done by the state governor or by a veto override that arises from members of each legislative house (Rosquete 23). This is one of the manners in which the system is checked and balanced (Stern 2176). This also implies that both the governor and the General Assembly have powers that are not superior to each other. The legislature is also charged with the mandate to propose appropriate amendments to the Florida State Constitution. The rules that provide a guideline to the Florida Legislature arise from the Constitution of Florida. It is also available in respective chambers upon applicability. The constitution has been majorly altered on six different occasions with the current being the one that was amended in the year 1968. Detailed Legislative Process The enactment of a law bears a lot of similarities with what happens in the State of Ohio’s Legislature. A member of the bi-cameral legislature may possess an idea or may need to reenact an existing legislation. This may also arise from someone else who may not be in the position to forward the proposal directly in any house of the General Assembly (Ballotpedia). There is a Bill Drafting Service which modifies the text and language before forwarding to the Clerk of the House or the Secretary of the Senate. The two prepare the bill for introduction into the house for discussion. Upon arrival into the house for discussion, it is first assigned to a committee. The work of the committee I to analyze and in case it considers it as a pending law, it develops a STAFF ANALYSIS report. The document is highly regarded in the history of Florida’s Legislative Framework. It explains the language used and the differences with any existing legislation. In addition, it describes the pending economic impact of the proposed legislation. The completion and issuance of the Staff Analysis report paves way for another committee(s) for further discussion. It can also be taken to the floor for a vote. This is dependent on the debate in the House which can offer valuable insight into the pending bill. Afterwards, a vote is cast and the bill can either pass or fail. Once it passes, another chamber takes over for a similar process. Some amendments can be done at this stage of the bill. Any amendments made to this bill warrant it to begin the whole process all over again. The first Chamber has to approve it before it can proceed to further stages. After all amendments are complete and both houses support the bill, it is then ripe for presentation to the governor for transition into law (Stern 2176). Unlike in the State of Ohio’s case that takes 10 days, in Florida, the bill can proceed to become law if the gubernatorial office fails to respond within a period of fifteen days. Final approval of the legislation makes it be a sessional law which is assigned a number before being returned to the legislative committee to be inculcated in Florida Statutes.
Works Cited
Aron. Difference Between Constitution and Legislation. Difference Between.Com. 2017. Web. 6 Feb. 2017.
Ballotpedia. The Encyclopedia of American Politics. Florida State Legislature. 2017. Web. 6 Feb. 2017.
Chamblee, L. Elizabeth. “Time For A Legislative Change: Florida’s Stagnant Standard Governing Competency For Execution.” Florida State University Law Review 31.(2004): 335. LexisNexis Academic: Law Reviews. Web. 6 Feb. 2017.
Dolce, Michael T. “A Better Day For Children: A Study Of Florida’s Dependency System With Legislative Recommendations.” Nova Law Review 25.(2001): 547. LexisNexis Academic: Law Reviews. Web. 6 Feb. 2017.
Little, Thomas H., and David B. Ogle. The Legislative Branch Of State Government : People, Process, And Politics. Santa Barbara, Calif: ABC-CLIO, 2006. Discovery eBooks. Web. 6 Feb. 2017.
Pohlman, William J. “The Continued Viability Of Ohio’s Procedure For Legislative Review Of Agency Rules In The Post-Chadha Era.” Ohio State Law Journal 49.(1988): 251. LexisNexis Academic: Law Reviews. Web. 6 Feb. 2017.
Rosquete, Armando. “Mcdade V. State: A Clarion Call For An Exception To Florida’s Secrecy Of Communications Act.” Florida Bar Journal 88.9 (2015): 20-29. Academic Search Premier. Web. 6 Feb. 2017.
Stern, Stephanie. “Protecting Property Through Politics: State Legislative Checks And Judicial Takings.” Minnesota Law Review 97.(2013): 2176. LexisNexis Academic: Law Reviews. Web. 6 Feb. 2017.
The Ohio Legislature. A Guidebook For Ohio Legislators. 132nd General Assembly. 2017. Web. 6 Feb. 2017.
