The Constitution of the State of Ohio

The Constitution of the State of Ohio
Constitution of Ohio USA
The Constitution of the State of Ohio :. Constitution of Ohio
THE CONSTITUTION OF THE STATE OF OHIO (as amended to 1994) Current through amendments received 11-14-94
ARTICLE I. BILL OF RIGHTS
* CONST I Sec. 1 INALIENABLE RIGHTS All men are, by nature, free and independent, and have certain inalienable rights, among which are those of enjoying and defending life and liberty, acquiring, possessing, and protecting property, and seeking and obtaining happiness and safety.
RELATED TERMS BILL OF RIGHTS; CIVIL RIGHTS; INALIENABLE RIGHTS; LIBERTY; LIFE; PEOPLE; PERSONAL PROPERTY; REAL PROPERTY; RIGHTS; SAFETY STANDARDS HISTORY: 1851 constitutional convention, adopted eff. 9-1-1851
* CONST I Sec. 2 EQUAL PROTECTION AND BENEFIT All political power is inherent in the people. Government is instituted for their equal protection and benefit, and they have the right to alter, reform, or abolish the same, whenever they may deem it necessary; and no special privileges or immunities shall ever be granted, that may not be altered, revoked, or repealed by the General Assembly. RELATED TERMS CIVIL RIGHTS; DISCRIMINATION; GENERAL ASSEMBLY; PEOPLE; POWERS; PRIVILEGES AND IMMUNITIES; RIGHTS; STATE HISTORY: 1851 constitutional convention, adopted eff. 9-1-1851
OHIO REVISED CODE ANNOTATED CONSTITUTION OF THE STATE OF OHIO
ARTICLE I. BILL OF RIGHTS * CONST I Sec. 3 RIGHTS OF ASSEMBLY AND PETITION The people have the right to assemble together, in a peaceable manner, to consult for their common good; to instruct their Representatives; and to petition the general assembly for the redress of grievances.
RELATED TERMS ASSEMBLY; CIVIL RIGHTS; GENERAL ASSEMBLY; PEACEABLE ASSEMBLY; PEOPLE; REDRESS OF GRIEVANCES; RIGHTS HISTORY: 1851 constitutional convention, adopted eff. 9-1-1851
CONSTITUTION OF THE STATE OF OHIO
ARTICLE I. BILL OF RIGHTS Current through amendments received 11-14-94
* CONST I Sec. 4 RIGHT TO BEAR ARMS The people have the right to bear arms for their defense and security; but standing armies, in time of peace, are dangerous to liberty, and shall not be kept up; and the military shall be in strict subordination to the civil power.
RELATED TERMS ARMS; CIVIL RIGHTS; MILITARY SERVICE; MILITIA; PEOPLE; RIGHTS; WEAPONS HISTORY: 1851 constitutional convention, adopted eff. 9-1-1851
* CONST I Sec. 5 RIGHT OF TRIAL BY JURY The right of trial by jury shall be inviolate, except that, in civil cases, laws may be passed to authorize the rendering of a verdict by the concurrence of not less than three-fourths of the jury.
RELATED TERMS CIVIL RIGHTS; JURY TRIALS; PEOPLE; RIGHTS; TRIALS; VERDICTS HISTORY: 1912 constitutional convention, am. eff. 1-1-13 1851 constitutional convention, adopted eff. 9-1-1851 Current through amendments received 11-14-94
* CONST I Sec. 6 SLAVERY AND INVOLUNTARY SERVITUDE There shall be no slavery in this state; nor involuntary servitude, unless for the punishment of crime.
RELATED TERMS CIVIL RIGHTS; IMPRISONMENT; INVOLUNTARY SERVITUDE; PENALTIES; PEOPLE; RIGHTS; SENTENCES; SERVITUDE, INVOLUNTARY; SLAVERY HISTORY: 1851 constitutional convention, adopted eff. 9-1-1851
ARTICLE I. BILL OF RIGHTS Current through amendments received 11-14-94
* CONST I Sec. 7 RELIGIOUS FREEDOM; ENCOURAGING EDUCATION All men have a natural and indefeasible right to worship Almighty God according to the dictates of their own conscience. No person shall be compelled to attend, erect, or support any place of worship, or maintain any form of worship, against his consent; and no preference shall be given, by law, to any religious society; nor shall any interference with the rights of conscience be permitted. No religious test shall be required, as a qualification for office, nor shall any person be incompetent to be a witness on account of his religious belief; but nothing herein shall be construed to dispense with oaths and affirmations. Religion, morality, and knowledge, however, being essential to good government, it shall be the duty of the General Assembly to pass suitable laws, to protect every religious denomination in the peaceable enjoyment of its own mode of public worship, and to encourage schools and the means of instruction. RELATED TERMS CIVIL RIGHTS; DENOMINATIONS; EDUCATION; FREEDOM; GENERAL ASSEMBLY; MORALITY; OATHS AND AFFIRMATIONS; PEOPLE; PUBLIC OFFICIALS; RELIGION; RIGHTS; SCHOOLS AND SCHOOL DISTRICTS; WITNESSES AND TESTIMONY HISTORY: 1851 constitutional convention, adopted eff. 9-1-1851 CONSTITUTION OF THE STATE OF OHIO
ARTICLE I. BILL OF RIGHTS Current through amendments received 11-14-94 * CONST I Sec. 8 HABEAS CORPUS The privilege of the writ of habeas corpus shall not be suspended, unless, in cases of rebellion or invasion, the public safety require it. RELATED TERMS CIVIL RIGHTS; HABEAS CORPUS; INSURRECTIONS; INVASIONS; PEOPLE; RIGHTS HISTORY: 1851 constitutional convention, adopted eff. 9-1-1851 * CONST I Sec. 9 BAIL; CRUEL AND UNUSUAL PUNISHMENTS All persons shall be bailable by sufficient sureties, except for capital offences where the proof is evident, or the presumption great. Excessive bail shall not be required; nor excessive fines imposed; nor cruel and unusual punishments inflicted. RELATED TERMS BAIL; CAPITAL OFFENSES; CIVIL RIGHTS; FINES AND FORFEITURES; PEOPLE; RIGHTS; SENTENCES HISTORY: 1851 constitutional convention, adopted eff. 9-1-1851 * CONST I Sec. 10 RIGHTS OF CRIMINAL DEFENDANTS Except in cases of impeachment, cases arising in the army and navy, or in the militia when in actual service in time of war or public danger, and cases involving offenses for which the penalty provided is less than imprisonment in the penitentiary, no person shall be held to answer for a capital, or otherwise infamous, crime, unless on presentment or indictment of a grand jury; and the number of persons necessary to constitute such grand jury and the number thereof necessary to concur in finding such indictment shall be determined by law. In any trial, in any court, the party accused shall be allowed to appear and defend in person and with counsel; to demand the nature and cause of the accusation against him, and to have a copy thereof; to meet the witnesses face to face, and to have compulsory process to procure the attendance of witnesses in his behalf, and a speedy public trial by an impartial jury of the county in which the offense is alleged to have been committed; but provision may be made by law for the taking of the deposition by the accused or by the state, to be used for or against the accused, of any witness whose attendance can not be had at the trial, always securing to the accused means and the opportunity to be present in person and with counsel at the taking of such deposition, and to examine the witness face to face as fully and in the same manner as if in court. No person shall be compelled, in any criminal case, to be a witness against himself; but his failure to testify may be considered by the court and jury and may be the subject of comment by counsel. No person shall be twice put in jeopardy for the same offense. RELATED TERMS APPEARANCE; ATTORNEYS; CIVIL RIGHTS; CONFRONTATION CLAUSE; CRIMINAL PROSECUTIONS; DEFENDANTS; DEPOSITIONS; DOUBLE JEOPARDY; DUE PROCESS; GRAND JURIES; INDICTMENT OR INFORMATION; JURY TRIALS; PEOPLE; RIGHTS; SELF-INCRIMINATION; TRIALS; VENUE; WITNESSES AND TESTIMONY HISTORY: 1912 constitutional convention, am. eff. 1-1-13 1851 constitutional convention, adopted eff. 9-1-1851 * CONST I Sec. 11 FREEDOM OF SPEECH Every citizen may freely speak, write, and publish his sentiments on all subjects, being responsible for the abuse of the right; and no law shall be passed to restrain or abridge the liberty of speech, or of the press. In all criminal prosecutions for libel, the truth may be given in evidence to the jury, and if it shall appear to the jury, that the matter charged as libelous is true, and was published with good motives, and for justifiable ends, the party shall be acquitted. RELATED TERMS CIVIL RIGHTS; EVIDENCE; FREEDOM; LIBEL AND SLANDER; PEOPLE; PRESS, FREEDOM OF; RIGHTS; SPEECH, FREEDOM OF HISTORY: 1851 constitutional convention, adopted eff. 9-1-1851 * CONST I Sec. 12 NO TRANSPORTATION OR FORFEITURE FOR CRIME No person shall be transported out of the State, for any offense committed within the same; and no conviction shall work corruption of blood, or forfeiture of estate. RELATED TERMS BLOOD; CIVIL RIGHTS; CONVICTIONS; CRIMINAL PROSECUTIONS; CRIMINALS; ESTATES; FINES AND FORFEITURES; PEOPLE; RIGHTS; VENUE HISTORY: 1851 constitutional convention, adopted eff. 9-1-1851 * CONST I Sec. 13 QUARTERING TROOPS No soldier shall, in time of peace, be quartered in any house, without the consent of the owner; nor, in time of war, except in the manner prescribed by law. RELATED TERMS CIVIL RIGHTS; MILITARY SERVICE; MILITIA; PEOPLE; QUARTERING TROOPS; RIGHTS HISTORY: 1851 constitutional convention, adopted eff. 9-1-1851 * CONST I Sec. 14 SEARCH AND SEIZURE The right of the people to be secure in their persons, houses, papers, and possessions, against unreasonable searches and seizures shall not be violated; and no warrant shall issue, but upon probable cause, supported by oath or affirmation, particularly describing the place to be searched, and the person and things to be seized. RELATED TERMS CIVIL RIGHTS; PEOPLE; PROBABLE CAUSE; RIGHTS; SEARCH AND SEIZURE; SEARCH WARRANTS HISTORY: 1851 constitutional convention, adopted eff. 9-1-1851 * CONST I Sec. 15 NO IMPRISONMENT FOR DEBT No person shall be imprisoned for debt in any civil action, on mesne or final process, unless in cases of fraud. RELATED TERMS CIVIL RIGHTS; DEBTORS AND CREDITORS; FALSE STATEMENTS; FRAUD; JUDGMENT DEBTORS; PEOPLE; RIGHTS HISTORY: 1851 constitutional convention, adopted eff. 9-1-1851 HISTORICAL NOTES * CONST I Sec. 16 REDRESS FOR INJURY; DUE PROCESS All courts shall be open, and every person, for an injury done him in his land, goods, person, or reputation, shall have remedy by due course of law, and shall have justice administered without denial or delay. Suits may be brought against the state, in such courts and in such manner, as may be provided by law. RELATED TERMS CIVIL RIGHTS; COURTS; DUE PROCESS; IMMUNITY FROM PROSECUTION; PEOPLE; REMEDIES; RIGHTS; SOVEREIGN IMMUNITY; STATE HISTORY: 1912 constitutional convention, am. eff. 1-1-13 1851 constitutional convention, adopted eff. 9-1-1851 * CONST I Sec. 17 NO HEREDITARY PRIVILEGES No hereditary emoluments, honors, or privileges, shall ever be granted or conferred by this state. RELATED TERMS CIVIL RIGHTS; HEREDITARY PRIVILEGES; HONORS; PEOPLE; PRIVILEGES AND IMMUNITIES; RIGHTS HISTORY: 1851 constitutional convention, adopted eff. 9-1-1851 * CONST I Sec. 18 ONLY GENERAL ASSEMBLY MAY SUSPEND LAWS No power of suspending laws shall ever be exercised, except by the general assembly. RELATED TERMS CIVIL RIGHTS; GENERAL ASSEMBLY; PEOPLE; RIGHTS; STATUTES HISTORY: 1851 constitutional convention, adopted eff. 9-1-1851 * CONST I Sec. 19 EMINENT DOMAIN Private property shall ever be held inviolate, but subservient to the public welfare. When taken in time of war or other public exigency, imperatively requiring its immediate seizure, or for the purpose of making or repairing roads, which shall be open to the public, without charge, a compensation shall be made to the owner, in money, and in all other cases, where private property shall be taken for public use, a compensation therefor shall first be made in money, or first secured by a deposit of money, and such compensation shall be assessed by a jury, without deduction for benefits to any property of the owner. RELATED TERMS CIVIL RIGHTS; EMINENT DOMAIN; HIGHWAYS AND ROADS; PEOPLE; RIGHTS HISTORY: 1851 constitutional convention, adopted eff. 9-1-1851 * CONST I Sec. 19A WRONGFUL DEATH The amount of damages recoverable by civil action in the courts for death caused by the wrongful act, neglect, or default of another, shall not be limited by law. RELATED TERMS CIVIL RIGHTS; PEOPLE; RIGHTS HISTORY: 1912 constitutional convention, adopted eff. 1-1-13 * CONST I Sec. 20 POWERS NOT ENUMERATED RETAINED BY PEOPLE This enumeration of rights shall not be construed to impair or deny others retained by the people; and all powers, not herein delegated, remain with the people. RELATED TERMS CIVIL RIGHTS; PEOPLE; POWERS; RIGHTS HISTORY: 1851 constitutional convention, adopted eff. 9-1-1851
* CONST II Sec. 1 LEGISLATIVE POWER VESTED IN GENERAL ASSEMBLY; INITIATIVE AND REFERENDUM RESERVED TO PEOPLE The legislative power of the state shall be vested in a General Assembly consisting of a senate and house of representatives but the people reserve to themselves the power to propose to the General Assembly laws and amendments to the constitution, and to adopt or reject the same at the polls on a referendum vote as hereinafter provided. They also reserve the power to adopt or reject any law, section of any law or any item in any law appropriating money passed by the General Assembly, except as hereinafter provided; and independent of the General Assembly to propose amendments to the constitution and to adopt or reject the same at the polls. The limitations expressed in the constitution, on the power of the General Assembly to enact laws, shall be deemed limitations on the power of the people to enact laws. RELATED TERMS APPROPRIATIONS; CONSTITUTION, STATE; GENERAL ASSEMBLY; INITIATIVE AND REFERENDUM; PEOPLE; STATUTES HISTORY: 125 v 1094, am. eff. 11-3-53 * CONST II Sec. 1A INITIATIVE AND REFERENDUM TO AMEND CONSTITUTION The first aforestated power reserved by the people is designated the initiative, and the signatures of ten per centum of the electors shall be required upon a petition to propose an amendment to the constitution. When a petition signed by the aforesaid required number of electors, shall have been filed with the secretary of state, and verified as herein provided, proposing an amendment to the constitution, the full text of which shall have been set forth in such petition, the secretary of state shall submit for the approval or rejection of the electors, the proposed amendment, in the manner hereinafter provided, at the next succeeding regular or general election in any year occurring subsequent to ninety days after the filing of such petition. The initiative petitions, above described, shall have printed across the top thereof: "Amendment to the Constitution Proposed by Initiative Petition to be Submitted Directly to the Electors." HISTORY: 1912 constitutional convention, adopted eff. 10-1-12 * CONST II Sec. 1B INITIATIVE AND REFERENDUM TO ENACT LAWS When at any time, not less than ten days prior to the commencement of any session of the general assembly, there shall have been filed with the secretary of state a petition signed by three per centum of the electors and verified as herein provided, proposing a law, the full text of which shall have been set forth in such petition, the secretary of state shall transmit the same to the general assembly as soon as it convenes. If said proposed law shall be passed by the general assembly, either as petitioned for or in an amended form, it shall be subject to the referendum. If it shall not be passed, or if it shall be passed in an amended form, or if no action shall be taken thereon within four months from the time it is received by the general assembly, it shall be submitted by the secretary of state to the electors for their approval or rejection at the next regular or general election, if such submission shall be demanded by supplementary petition verified as herein provided and signed by not less than three per centum of the electors in addition to those signing the original petition, which supplementary petition must be signed and filed with the secretary of state within ninety days after the proposed law shall have been rejected by the general assembly or after the expiration of such term of four months, if no action has been taken thereon, or after the law as passed by the general assembly shall have been filed by the governor in the office of the secretary of state. The proposed law shall be submitted in the form demanded by such supplementary petition, which form shall be either as first petitioned for or with any amendment or amendments which may have been incorporated therein by either branch or by both branches, of the general assembly. If a proposed law so submitted is approved by a majority of the electors voting thereon, it shall be the law and shall go into effect as herein provided in lieu of any amended form of said law which may have been passed by the general assembly, and such amended law passed by the general assembly shall not go into effect until and unless the law proposed by supplementary petition shall have been rejected by the electors. All such initiative petitions, last above described, shall have printed across the top thereof, in case of proposed laws: "Law Proposed by Initiative Petition First to be Submitted to the General Assembly." Ballots shall be so printed as to permit an affirmative or negative vote upon each measure submitted to the electors. Any proposed law or amendment to the constitution submitted to the electors as provided in 1a and 1b, if approved by a majority of the electors voting thereon, shall take effect thirty days after the election at which it was approved and shall be published by the secretary of state. If conflicting proposed laws or conflicting proposed amendments to the constitution shall be approved at the same election by a majority of the total number of votes cast for and against the same, the one receiving the highest number of affirmative votes shall be the law, or in the case of amendments to the constitution shall be the amendment to the constitution. No law proposed by initiative petition and approved by the electors shall be subject to the veto of the governor. HISTORY: 1912 constitutional convention, adopted eff. 10-1-12 * CONST II Sec. 1C REFERENDUM TO CHALLENGE LAWS ENACTED BY GENERAL ASSEMBLY The second aforestated power reserved by the people is designated the referendum, and the signatures of six per centum of the electors shall be required upon a petition to order the submission to the electors of the state for their approval or rejection, of any law, section of any law or any item in any law appropriating money passed by the general assembly. No law passed by the general assembly shall go into effect until ninety days after it shall have been filed by the governor in the office of the secretary of state, except as herein provided. When a petition, signed by six per centum of the electors of the state and verified as herein provided, shall have been filed with the secretary of state within ninety days after any law shall have been filed by the governor in the office of the secretary of state, ordering that such law, section of such law or any item in such law appropriating money be submitted to the electors of the state for their approval or rejection, the secretary of state shall submit to the electors of the state for their approval or rejection such law, section or item, in the manner herein provided, at the next succeeding regular or general election in any year occurring subsequent to sixty days after the filing of such petition, and no such law, section or item shall go into effect until and unless approved by a majority of those voting upon the same. If, however, a referendum petition is filed against any such section or item, the remainder of the law shall not thereby be prevented or delayed from going into effect. HISTORY: 1912 constitutional convention, adopted eff. 10-1-12 * CONST II Sec. 1D LAWS TAKING IMMEDIATE EFFECT NOT SUBJECT TO REFERENDUM Laws providing for tax levies, appropriations for the current expenses of the state government and state institutions, and emergency laws necessary for the immediate preservation of the public peace, health or safety, shall go into immediate effect. Such emergency laws upon a yea and nay vote must receive the vote of two-thirds of all the members elected to each branch of the general assembly, and the reasons for such necessity shall be set forth in one section of the law, which section shall be passed only upon a yea and nay vote, upon a separate roll call thereon. The laws mentioned in this section shall not be subject to the referendum. HISTORY: 1912 constitutional convention, adopted eff. 10-1-12 * CONST II Sec. 1E NON-UNIFORM TAX LAWS CANNOT BE ADOPTED BY INITIATIVE AND REFERENDUM The powers defined herein as the "initiative" and "referendum" shall not be used to pass a law authorizing any classification of property for the purpose of levying different rates of taxation thereon or of authorizing the levy of any single tax on land or land values or land sites at a higher rate or by a different rule than is or may be applied to improvements thereon or to personal property. HISTORY: 1912 constitutional convention, adopted eff. 10-1-12 * CONST II Sec. 1F INITIATIVE AND REFERENDUM IN MUNICIPALITIES The initiative and referendum powers are hereby reserved to the people of each municipality on all questions which such municipalities may now or hereafter be authorized by law to control by legislative action; such powers shall be exercised in the manner now or hereafter provided by law. HISTORY: 1912 constitutional convention, adopted eff. 10-1-12 * CONST II Sec. 1G REQUIREMENTS FOR INITIATIVE AND REFERENDUM PETITIONS Any initiative, supplementary, or referendum petition may be presented in separate parts but each part shall contain a full and correct copy of the title, and text of the law, section or item thereof sought to be referred, or the proposed law or proposed amendment to the constitution. Each signer of any initiative, supplementary, or referendum petition must be an elector of the state and shall place on such petition after his name the date of signing and his place of residence. A signer residing outside of a municipality shall state the county and the rural route number, post office address, or township of his residence. A resident of a municipality shall state the street and number, if any, of his residence and the name of the municipality or the post office address. The names of all signers to such petitions shall be written in ink, each signer for himself. To each part of such petition shall be attached the statement of the circulator, as may be required by law, that he witnessed the affixing of every signature. The petition and signatures upon such petitions shall be presumed to be in all respects sufficient, unless not later than forty days before the election, it shall be otherwise proved and in such event ten additional days shall be allowed for the filing of additional signatures to such petition. No law or amendment to the constitution submitted to the electors by initiative and supplementary petition and receiving an affirmative majority of the votes cast thereon, shall be held unconstitutional or void on account of the insufficiency of the petitions by which such submission of the same was procured; nor shall the rejection of any law submitted by referendum petition be held invalid for such insufficiency. Upon all initiative, supplementary, and referendum petitions provided for in any of the sections of this article, it shall be necessary to file from each of one-half of the counties of the state, petitions bearing the signatures of not less than one-half of the designated percentage of the electors of such county. A true copy of all laws or proposed laws or proposed amendments to the constitution, together with an argument or explanation, or both, for, and also an argument or explanation, or both, against the same, shall be prepared. The person or persons who prepare the argument or explanation, or both, against any law, section, or item, submitted to the electors by referendum petition, may be named in such petition and the persons who prepare the argument or explanation, or both, for any proposed law or proposed amendment to the constitution may be named in the petition proposing the same. The person or persons who prepare the argument or explanation, or both, for the law, section, or item, submitted to the electors by referendum petition, or against any proposed law submitted by supplementary petition, shall be named by the general assembly, if in session, and if not in session then by the governor. The law, or proposed law, or proposed amendment to the constitution, together with the arguments and explanations, not exceeding a total of three hundred words for each, and also the arguments and explanations, not exceeding a total of three hundred words against each, shall be published once a week for three consecutive weeks preceding the election, in at least one newspaper of general circulation in each county of the state, where a newspaper is published. The secretary of state shall cause to be placed upon the ballots, the ballot language for any such law, or proposed law, or proposed amendment to the constitution, to be submitted. The ballot language shall be prescribed by the Ohio ballot board in the same manner, and subject to the same terms and conditions, as apply to issues submitted by the general assembly pursuant to Section 1 of Article XVI of this constitution. The ballot language shall be so prescribed and the secretary of state shall cause the ballots so to be printed as to permit an affirmative or negative vote upon each law, section of law, or item in a law appropriating money, or proposed law, or proposed amendment to the constitution. The style of all laws submitted by initiative and supplementary petition shall be: "Be it Enacted by the People of the State of Ohio," and of all constitutional amendments: "Be it Resolved by the People of the State of Ohio." The basis upon which the required number of petitioners in any case shall be determined shall be the total number of votes cast for the office of governor at the last preceding election therefor. The foregoing provisions of this section shall be self-executing, except as herein otherwise provided. Laws may be passed to facilitate their operation, but in no way limiting or restricting either such provisions or the powers herein reserved. HISTORY: 1977 HJR 12, am. eff. 6-6-78 1971 SJR 2, am. eff. 1-1-72; 1912 constitutional convention, adopted eff. 10-1-12 * CONST II Sec. 2 ELECTION OF STATE LEGISLATORS Representatives shall be elected biennially by the electors of the respective house of representatives districts; their term of office shall commence on the first day of January next thereafter and continue two years. Senators shall be elected by the electors of the respective senate districts; their terms of office shall commence on the first day of January next after their election. All terms of senators which commence on the first day of January, 1969 shall be four years, and all terms which commence on the first day of January, 1971 shall be four years. Thereafter, except for the filling of vacancies for unexpired terms, senators shall be elected to and hold office for terms of four years. No person shall hold the office of state senator for a period longer than two successive terms of four years. No person shall hold the office of state representative for a period longer four successive terms of two years. Terms shall be considered successive unless separated by a period of four or more years. Only terms beginning on or after January 1, 1993 shall be considered in determining an individual's eligibility to hold office. RELATED TERMS ELECTIONS; GENERAL ASSEMBLY; VACANCIES IN OFFICE HISTORY: Initiative petition, am. eff. 11-3-92 132 v SJR 24, adopted eff. 11-7-67 * CONST II Sec. 3 RESIDENCE REQUIREMENTS FOR STATE LEGISLATORS Senators and representatives shall have resided in their respective districts one year next preceding their election, unless they shall have been absent on the public business of the United States, or of this State. RELATED TERMS GENERAL ASSEMBLY; RESIDENCY REQUIREMENTS HISTORY: 132 v SJR 24, am. eff. 11-7-67 1851 constitutional convention, adopted eff. 9-1-1851 * CONST II Sec. 4 DUAL OFFICE AND CONFLICT OF INTEREST PROHIBITED No member of the general assembly shall, during the term for which he was elected, unless during such term he resigns therefrom, hold any public office under the United States, or this state, or a political subdivision thereof; but this provision does not extend to officers of a political party, notaries public, or officers of the militia or of the United States armed forces. No member of the general assembly shall, during the term for which he was elected, or for one year thereafter, be appointed to any public office under this state, which office was created or the compensation of which was increased, during the term for which he was elected. RELATED TERMS CANDIDATES; CONFLICT OF INTEREST; GENERAL ASSEMBLY; MILITIA; NOTARIES PUBLIC HISTORY: 1973 HJR 5, am. eff. 5-8-73 1851 constitutional convention, adopted eff. 9-1-1851 * CONST II Sec. 5 PERSONS BARRED FROM SEAT IN GENERAL ASSEMBLY; EMBEZZLEMENT OR FAILURE TO ACCOUNT FOR PUBLIC FUNDS No person hereafter convicted of an embezzlement of the public funds, shall hold any office in this State; nor shall any person, holding public money for disbursement, or otherwise, have a seat in the General Assembly, until he shall have accounted for, and paid such money into the treasury. RELATED TERMS EMBEZZLEMENT; FUNDS, PUBLIC; GENERAL ASSEMBLY; PUBLIC OFFICIALS HISTORY: 1851 constitutional convention, adopted eff. 9-1-1851 * CONST II Sec. 6 POWERS OF EACH HOUSE Each House shall be judge of the election, returns, and qualifications of its own members. A majority of all the members elected to each House shall be a quorum to do business; but, a less number may adjourn from day to day, and compel the attendance of absent members, in such manner, and under such penalties, as shall be prescribed by law. Each House may punish its members for disorderly conduct and, with the concurrence of two-thirds of the members elected thereto, expel a member, but not the second time for the same cause. Each House has all powers necessary to provide for its safety and the undisturbed transaction of its business, and to obtain, through committees or otherwise, information affecting legislative action under consideration or in contemplation, or with reference to any alleged breach of its privileges or misconduct of its members, and to that end to enforce the attendance and testimony of witnesses, and the production of books and papers. RELATED TERMS DISORDERLY CONDUCT; GENERAL ASSEMBLY; HOUSE OF REPRESENTATIVES, STATE; MISCONDUCT IN OFFICE; SENATE, STATE HISTORY: 1973 HJR 5, am. eff. 5-8-73 1851 constitutional convention, adopted eff. 9-1-1851 * CONST II Sec. 7 ORGANIZATION OF EACH HOUSE; OFFICERS; RULES OF PROCEDURE The mode of organizing each House of the general assembly shall be prescribed by law. Each House, except as otherwise provided in this Constitution, shall choose its own officers. The presiding officer in the Senate shall be designated as president of the Senate and in the House of Representatives as speaker of the House of Representatives. Each House shall determine its own rules of proceeding. RELATED TERMS GENERAL ASSEMBLY; HOUSE OF REPRESENTATIVES, STATE; SENATE, STATE HISTORY: 1973 HJR 5, am. eff. 5-8-73 1851 constitutional convention, adopted eff. 9-1-1851 * CONST II Sec. 8 REGULAR AND SPECIAL SESSIONS OF GENERAL ASSEMBLY Each general assembly shall convene in first regular session on the first Monday of January in the odd-numbered year, or on the succeeding day if the first Monday of January is a legal holiday, and in second regular session on the same date of the following year. Either the governor, or the presiding officers of the general assembly chosen by the members thereof, acting jointly, may convene the general assembly in special session by a proclamation which may limit the purpose of the session. If the presiding officer of the Senate is not chosen by the members thereof, the President pro tempore of the Senate may act with the speaker of the House of Representatives in the calling of a special session. RELATED TERMS GENERAL ASSEMBLY; GOVERNOR; HOUSE OF REPRESENTATIVES, STATE; PROCLAMATIONS; SENATE, STATE HISTORY: 1973 HJR 5, adopted eff. 5-8-73 * CONST II Sec. 9 HOUSE AND SENATE JOURNALS Each House shall keep a correct journal of its proceedings, which shall be published. At the desire of any two members, the yeas and nays shall be entered upon the journal; and, on the passage of every bill, in either House, the vote shall be taken by yeas and nays, and entered upon the journal. RELATED TERMS BILLS, LEGISLATIVE; GENERAL ASSEMBLY; HOUSE OF REPRESENTATIVES, STATE; SENATE, STATE HISTORY: 1973 HJR 5, am. eff. 5-8-73 1851 constitutional convention, adopted eff. 9-1-1851 * CONST II Sec. 10 RIGHT OF MEMBERS TO PROTEST Any member of either House shall have the right to protest against any act or resolution thereof; and such protest, and the reasons therefor, shall, without alteration, commitment, or delay, be entered upon the journal. RELATED TERMS GENERAL ASSEMBLY; HOUSE OF REPRESENTATIVES, STATE; SENATE, STATE HISTORY: 1851 constitutional convention, adopted eff. 9-1-1851 HISTORICAL NOTES * CONST II Sec. 11 FILLING VACANCY IN HOUSE OR SENATE SEAT A vacancy in the Senate or in the House of Representatives for any cause, including the failure of a member-elect to qualify for office, shall be filled by election by the members of the Senate or the members of the House of Representatives, as the case may be, who are affiliated with the same political party as the person last elected by the electors to the seat which has become vacant. A vacancy occurring before or during the first twenty months of a Senatorial term shall be filled temporarily by election as provided in this section, for only that portion of the term which will expire on the thirty-first day of December following the next general election occurring in an even-numbered year after the vacancy occurs, at which election the seat shall be filled by the electors as provided by law for the remaining, unexpired portion of the term, the member- elect so chosen to take office on the first day in January next following such election. No person shall be elected to fill a vacancy in the Senate or House of Representatives, as the case may be, unless he meets the qualifications set forth in this Constitution and the laws of this state for the seat in which the vacancy occurs. An election to fill a vacancy shall be accomplished, notwithstanding the provisions of section 27, Article II of this Constitution, by the adoption of a resolution, while the Senate or the House of Representatives, as the case may be, is in session, with the taking of the yeas and nays of the members of the Senate or the House of Representatives, as the case may be, affiliated with the same political party as the person last elected to the seat in which the vacancy occurs. The adoption of such resolution shall require the affirmative vote of a majority of the members elected to the Senate or the House of Representatives, as the case may be, entitled to vote thereon. Such vote shall be spread upon the journal of the Senate or the House of Representatives, as the case may be, and certified to the Secretary of State by the clerk thereof. The Secretary of State shall, upon receipt of such certification, issue a certificate of election to the person so elected and upon presentation of such certificate to the Senate or the House of Representatives, as the case may be, the person so elected shall take the oath of office and become a member of the Senate or the House of Representatives, as the case may be, for the term for which he was so elected. GENERAL ASSEMBLY; VACANCIES IN OFFICE HISTORY: 1973 HJR 5, am. eff. 5-8-73 132 v HJR 3, am. eff. 5-7-68; 129 v 1830, am. eff. 11-7-61; 1851 constitutional convention, adopted eff. 9-1-1851 * CONST II Sec. 12 LEGISLATIVE PRIVILEGE FROM ARREST; RIGHT OF FREE DEBATE Senators and Representatives, during the session of the General Assembly, and in going to, and returning from the same, shall be privileged from arrest, in all cases, except treason, felony, or breach of the peace; and for any speech, or debate, in either House, they shall not be questioned elsewhere. RELATED TERMS ARRESTS; BREACH OF PEACE; FELONIES; GENERAL ASSEMBLY; PRIVILEGES AND IMMUNITIES; TREASON HISTORY: 1851 constitutional convention, adopted eff. 9-1-1851 * CONST II Sec. 13 LEGISLATIVE SESSIONS TO BE PUBLIC; EXCEPTIONS The proceedings of both Houses shall be public, except in cases which, in the opinion of two-thirds of those present, require secrecy. RELATED TERMS GENERAL ASSEMBLY HISTORY: 1851 constitutional convention, adopted eff. 9-1-1851 * CONST II Sec. 14 ADJOURNMENT; WHEN CONSENT OF OTHER HOUSE REQUIRED Neither House shall, without the consent of the other, adjourn for more than five days, Sundays excluded; nor to any other place than that, in which the two Houses are in session. RELATED TERMS GENERAL ASSEMBLY HISTORY: 1973 HJR 5, am. eff. 5-8-73 1851 constitutional convention, adopted eff. 9-1-1851 * CONST II Sec. 15 BILLS AND JOINT RESOLUTIONS; SINGLE SUBJECT; PROCEDURES (A) The general assembly shall enact no law except by bill, and no bill shall be passed without the concurrence of a majority of the members elected to each house. Bills may originate in either house, but may be altered, amended, or rejected in the other. (B) The style of the laws of this state shall be, "be it enacted by the general assembly of the state of Ohio." (C) 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. No bill may be passed until the bill has been reproduced and distributed to members of the house in which it is pending and every amendment been made available upon a member's request. (D) No bill shall contain more than one subject, which shall be clearly expressed in its title. No law shall be revived or amended unless the new act contains the entire act revived, or the section or sections amended, and the section or sections amended shall be repealed. (E) Every bill which has passed both houses of the general assembly shall be signed by the presiding officer of each house to certify that the procedural requirements for passage have been met and shall be presented forthwith to the governor for his approval. (F) Every joint resolution which has been adopted in both houses of the general assembly shall be signed by the presiding officer of each house to certify that the procedural requirements for adoption have been met and shall forthwith be filed with the secretary of state. RELATED TERMS BILLS, LEGISLATIVE; GENERAL ASSEMBLY HISTORY: 1973 HJR 5, adopted eff. 5-8-73 * CONST II Sec. 16 GOVERNOR TO SIGN APPROVED ACTS; VETO; OVERRIDING VETO If the governor approves an act, he shall sign it, it becomes law and he shall file it with the secretary of state. If he does not approve it, he shall return it with his objections in writing, to the house in which it originated, which shall enter the objections at large upon its journal, and may then reconsider the vote on its passage. If three-fifths of the members elected to the house of origin vote to repass the bill, it shall be sent, with the objections of the governor, to the other house, which may also reconsider the vote on its passage. If three-fifths of the members elected to the second house vote to repass it, it becomes law notwithstanding the objections of the governor, and the presiding officer of the second house shall file it with the secretary of state. In no case shall a bill be repassed by a smaller vote than is required by the constitution on its original passage. In all cases of reconsideration the vote of each house shall be determined by yeas and nays, and the names of the members voting for and against the bill shall be entered upon the journal. If a bill is not returned by the governor within ten days, Sundays excepted, after being presented to him, it becomes law in like manner as if he had signed it, unless the general assembly by adjournment prevents its return; in which case, it becomes law unless, within ten days after such adjournment, it is filed by him, with his objections in writing, in the office of the secretary of state. The governor shall file with the secretary of state every bill not returned by him to the house of origin that becomes law without his signature. The governor may disapprove any item or items in any bill making an appropriation of money and the item or items, so disapproved, shall be void, unless repassed in the manner prescribed by this section for the repassage of a bill. RELATED TERMS APPROPRIATIONS; BILLS, LEGISLATIVE; GENERAL ASSEMBLY; GOVERNOR; VETO POWERS HISTORY: 1973 HJR 5, am. eff. 5-8-73 1912 constitutional convention, am. eff. 1-1-13; 95 v 962, am. eff. 11- 3-03; 1851 constitutional convention, adopted eff. 9-1-1851 * CONST II Sec. 17 TO BE SIGNED BY PRESIDING OFFICER-- REPEALED HISTORY: 1973 HJR 5, eff. 5-8-73 1851 constitutional convention, adopted eff. 9-1-1851 Ed. Note: See now Art II, Sec. 15 for provisions analogous to former Art II, Sec. 17. * CONST II Sec. 18 STYLE OF LAWS--REPEALED HISTORY: 1973 HJR 5, eff. 5-8-73 1851 constitutional convention, adopted eff. 9-1-1851 Ed. Note: See now Art II, Sec. 15(B) for provisions analogous to former Art II, Sec. 18. * CONST II Sec. 19 EXCLUSION FROM OFFICE--REPEALED HISTORY: 1973 HJR 5, eff. 5-8-73 1851 constitutional convention, adopted eff. 9-1-1851 Ed. Note: See now Art II, Sec. 4 for provisions analogous to former Art II, Sec. 19. * CONST II Sec. 20 LEGISLATURE TO FIX TERMS AND COMPENSATION OF OFFICIALS; NO COMPENSATION CHANGE DURING TERM The General Assembly, in cases not provided for in this constitution, shall fix the term of office and the compensation of all officers; but no change therein shall affect the salary of any officer during his existing term, unless the office be abolished. RELATED TERMS PUBLIC OFFICIALS HISTORY: 1851 constitutional convention, adopted eff. 9-1-1851 * CONST II Sec. 21 ELECTION CONTESTS; AUTHORITY OF LEGISLATURE The General Assembly shall determine, by law, before what authority, and in what manner, the trial of contested elections shall be conducted. RELATED TERMS ELECTIONS; GENERAL ASSEMBLY HISTORY: 1851 constitutional convention, adopted eff. 9-1-1851 * CONST II Sec. 22 APPROPRIATIONS No money shall be drawn from the treasury, except in pursuance of a specific appropriation, made by law; and no appropriation shall be made for a longer period than two years. RELATED TERMS APPROPRIATIONS HISTORY: 1851 constitutional convention, adopted eff. 9-1-1851 * CONST II Sec. 23 IMPEACHMENT; PROCEDURE The house of representatives shall have the sole power of impeachment, but a majority of the members elected must concur therein. Impeachments shall be tried by the senate; and the senators, when sitting for that purpose, shall be upon oath or affirmation to do justice according to law and evidence. No person shall be convicted, without the concurrence of two-thirds of the senators. RELATED TERMS GENERAL ASSEMBLY; IMPEACHMENT HISTORY: 1851 constitutional convention, adopted eff. 9-1-1851 * CONST II Sec. 24 OFFICERS LIABLE TO IMPEACHMENT; CONSEQUENCES OF IMPEACHMENT The governor, judges, and all state officers, may be impeached for any misdemeanor in office; but judgment shall not extend further than removal from office, and disqualification to hold any office, under the authority of this State. The party impeached, whether convicted or not, shall be liable to indictment, trial, and judgment, according to law. RELATED TERMS ATTORNEY GENERAL; AUDITOR, STATE; COUNTY COURTS; COURTS OF APPEALS; COURTS OF COMMON PLEAS; GENERAL ASSEMBLY; GOVERNOR; IMPEACHMENT; JUDGES; JUVENILE COURTS; MISDEMEANORS; MUNICIPAL COURTS; PROBATE COURTS; SECRETARY OF STATE; TREASURER, STATE HISTORY: 1851 constitutional convention, adopted eff. 9-1-1851 * CONST II Sec. 25 WHEN SESSION TO COMMENCE-- REPEALED HISTORY: 1973 HJR 5, eff. 5-8-73 1851 constitutional convention, adopted eff. 9-1-1851 * CONST II Sec. 26 GENERAL LAWS TO HAVE UNIFORM OPERATION; LAWS OTHER THAN SCHOOL LAWS TO TAKE EFFECT ONLY ON LEGISLATURE'S AUTHORITY All laws, of a general nature, shall have a uniform operation throughout the State; nor, shall any act, except such as relates to public schools, be passed, to take effect upon the approval of any other authority than the General Assembly, except, as otherwise provided in this constitution. RELATED TERMS SCHOOLS AND SCHOOL DISTRICTS; STATUTES HISTORY: 1851 constitutional convention, adopted eff. 9-1-1851 * CONST II Sec. 27 LEGISLATURE TO PRESCRIBE MANNER OF ELECTING OR APPOINTING OFFICIALS, BUT NOT TO HAVE APPOINTING POWER The election and appointment of all officers, and the filling of all vacancies, not otherwise provided for by this constitution, or the constitution of the United States, shall be made in such manner as may be directed by law; but no appointing power shall be exercised by the General Assembly, except as prescribed in this constitution; and in these cases, the vote shall be taken "viva voce." RELATED TERMS GENERAL ASSEMBLY; PUBLIC OFFICIALS; VACANCIES IN OFFICE HISTORY: 125 v 1094, am. eff. 11-3-53 1851 constitutional convention, adopted eff. 9-1-1851 * CONST II Sec. 28 RETROACTIVE LAWS; LAWS IMPAIRING OBLIGATION OF CONTRACTS The general assembly shall have no power to pass retroactive laws, or laws impairing the obligation of contracts; but may, by general laws, authorize courts to carry into effect, upon such terms as shall be just and equitable, the manifest intention of parties, and officers, by curing omissions, defects, and errors, in instruments and proceedings, arising out of their want of conformity with the laws of this state. RELATED TERMS COAL RESEARCH AND DEVELOPMENT; CONTRACTS; CONTRACTS, PUBLIC; EX POST FACTO LAWS; RETROACTIVE LAWS; STATUTES HISTORY: 1851 constitutional convention, adopted eff. 9-1-1851 * CONST II Sec. 29 NO PAYMENT OF EXTRA COMPENSATION OR CLAIMS NOT PREVIOUSLY PROVIDED FOR; EXCEPTIONS No extra compensation shall be made to any officer, public agent, or contractor, after the service shall have been rendered, or the contract entered into; nor, shall any money be paid, on any claim, the subject matter of which shall not have been provided for by pre-existing law, unless such compensation, or claim, be allowed by two-thirds of the members elected to each branch of the general assembly. RELATED TERMS CONTRACTS, PUBLIC; GENERAL ASSEMBLY; PUBLIC OFFICIALS; STATE HISTORY: 1851 constitutional convention, adopted eff. 9-1-1851 * CONST II Sec. 30 NEW COUNTIES No new county shall contain less than four hundred square miles of territory, nor, shall any county be reduced below that amount; and all laws creating new counties, changing county lines, or removing county seats, shall, before taking effect, be submitted to the electors of the several counties to be affected thereby, at the next general election after the passage thereof, and be adopted by a majority of all the electors voting at such election, in each of said counties; but any county now or hereafter containing one hundred thousand inhabitants, may be divided, whenever a majority of the voters, residing in each of the proposed divisions, shall approve of the law passed for that purpose; but, no town or city within the same, shall be divided, nor, shall either of the divisions contain less than twenty thousand inhabitants. RELATED TERMS BOUNDARIES; COUNTIES; ELECTIONS HISTORY: 1851 constitutional convention, adopted eff. 9-1-1851 * CONST II Sec. 31 COMPENSATION OF MEMBERS AND OFFICERS OF LEGISLATURE The members and officers of the general assembly shall receive a fixed compensation, to be prescribed by law, and no other allowance or perquisites, either in the payment of postage or otherwise; and no change in their compensation shall take effect during their term of office. RELATED TERMS GENERAL ASSEMBLY HISTORY: 1851 constitutional convention, adopted eff. 9-1-1851 HISTORICAL NOTES * CONST II Sec. 32 LEGISLATURE NOT TO GRANT DIVORCE OR EXERCISE JUDICIAL POWER The general assembly shall grant no divorce, nor, exercise any judicial power, not herein expressly conferred. RELATED TERMS DIVORCE; GENERAL ASSEMBLY HISTORY: 1851 constitutional convention, adopted eff. 9-1-1851 * CONST II Sec. 33 MECHANICS' AND CONTRACTOR'S LIENS Laws may be passed to secure to mechanics, artisans, laborers, sub-contractors and material men, their just dues by direct lien upon the property, upon which they have bestowed labor or for which they have furnished material. No other provision of the constitution shall impair or limit this power. RELATED TERMS LIENS; MECHANIC'S LIENS HISTORY: 1912 constitutional convention, adopted eff. 1-1-13 HISTORICAL NOTES * CONST II Sec. 34 WAGES AND HOURS; EMPLOYEE HEALTH, SAFETY AND WELFARE Laws may be passed fixing and regulating the hours of labor, establishing a minimum wage, and providing for the comfort, health, safety and general welfare of all employes; and no other provision of the constitution shall impair or limit this power. RELATED TERMS EMPLOYER AND EMPLOYEE; WAGES AND HOURS HISTORY: 1912 constitutional convention, adopted eff. 1-1-13 * CONST II Sec. 35 WORKERS' COMPENSATION For the purpose of providing compensation to workmen and their dependents, for death, injuries or occupational disease, occasioned in the course of such workmen's employment, laws may be passed establishing a state fund to be created by compulsory contribution thereto by employers, and administered by the state, determining the terms and conditions upon which payment shall be made therefrom. Such compensation shall be in lieu of all other rights to compensation, or damages, for such death, injuries, or occupational disease, and any employer who pays the premium or compensation provided by law, passed in accordance herewith, shall not be liable to respond in damages at common law or by statute for such death, injuries or occupational disease. Laws may be passed establishing a board which may be empowered to classify all occupations, according to their degree of hazard, to fix rates of contribution to such fund according to such classification, and to collect, administer and distribute such fund, and to determine all rights of claimants thereto. Such board shall set aside as a separate fund such proportion of the contributions paid by employers as in its judgment may be necessary, not to exceed one per centum thereof in any year, and so as to equalize, insofar as possible, the burden thereof, to be expended by such board in such manner as may be provided by law for the investigation and prevention of industrial accidents and diseases. Such board shall have full power and authority to hear and determine whether or not an injury, disease or death resulted because of the failure of the employer to comply with any specific requirement for the protection of the lives, health or safety of employees, enacted by the general assembly or in the form of an order adopted by such board, and its decision shall be final; and for the purpose of such investigations and inquiries it may appoint referees. When it is found, upon hearing, that an injury, disease or death resulted because of such failure by the employer, such amount as shall be found to be just, not greater than fifty nor less than fifteen per centum of the maximum award established by law, shall be added by the board, to the amount of the compensation that may be awarded on account of such injury, disease, or death, and paid in like manner as other awards; and, if such compensation is paid from the state fund, the premium of such employer shall be increased in such amount, covering such period of time as may be fixed, as will recoup the state fund in the amount of such additional award, notwithstanding any and all other provisions in this constitution. RELATED TERMS WORKERS' COMPENSATION HISTORY: 110 v 631, am. eff. 1-1-24 1912 constitutional convention, adopted eff. 1-1-13 * CONST II Sec. 36 CONSERVATION OF NATURAL RESOURCES; FORESTRY AND AGRICULTURE; TAXATION OF AGRICULTURAL LANDS Laws may be passed to encourage forestry and agriculture, and to that end areas devoted exclusively to forestry may be exempted, in whole or in part, from taxation. Notwithstanding the provisions of section 2 of Article XII, laws may be passed to provide that land devoted exclusively to agricultural use be valued for real property tax purposes at the current value such land has for such agricultural use. Laws may also be passed to provide for the deferral or recoupment of any part of the difference in the dollar amount of real property tax levied in any year on land valued in accordance with its agricultural use and the dollar amount of real property tax which would have been levied upon such land had it been valued for such year in accordance with section 2 of Article XII. Laws may also be passed to provide for converting into forest reserves such lands or parts of lands as have been or may be forfeited to the state, and to authorize the acquiring of other lands for that purpose; also, to provide for the conservation of the natural resources of the state, including streams, lakes, submerged and swamp lands and the development and regulation of water power and the formation of drainage and conservation districts; and to provide for the regulation of methods of mining, weighing, measuring and marketing coal, oil, gas and all other minerals. RELATED TERMS AGRICULTURE; FARMLANDS; FORESTS AND FORESTRY; LAKES; LANDS, PUBLIC; MINERAL RIGHTS; MINES AND MINING; NATURAL RESOURCES CONSERVATION; OIL AND GAS; REAL PROPERTY, TAXATION; SWAMPS AND MARSHES; TAXATION; WATERCOURSES HISTORY: 1973 HJR 13, am. eff. 1-1-74 1912 constitutional convention, adopted eff. 1-1-13 * CONST II Sec. 37 WORKDAY AND WORKWEEK ON PUBLIC PROJECTS Except in cases of extraordinary emergency, not to exceed eight hours shall constitute a day's work, and not to exceed forty-eight hours a week's work, for workmen engaged on any public work carried on or aided by the state, or any political sub-division thereof, whether done by contract, or otherwise. RELATED TERMS PUBLIC WORKS HISTORY: 1912 constitutional convention, adopted eff. 1-1-13 * CONST II Sec. 38 REMOVAL OF OFFICIALS FOR MISCONDUCT Laws shall be passed providing for the prompt removal from office, upon complaint and hearing, of all officers, including state officers, judges and members of the general assembly, for any misconduct involving moral turpitude or for other cause provided by law; and this method of removal shall be in addition to impeachment or other method of removal authorized by the constitution. RELATED TERMS ATTORNEY GENERAL; AUDITOR, STATE; COUNTY COURTS; COURTS OF APPEALS; COURTS OF COMMON PLEAS; GENERAL ASSEMBLY; GOVERNOR; JUDGES; JUVENILE COURTS; MISCONDUCT IN OFFICE; MUNICIPAL COURTS; PROBATE COURTS; PUBLIC OFFICIALS; SECRETARY OF STATE; TREASURER, STATE HISTORY: 1912 constitutional convention, adopted eff. 1-1-13 * CONST II Sec. 39 EXPERT TESTIMONY IN CRIMINAL CASES Laws may be passed for the regulation of the use of expert witnesses and expert testimony in criminal trials and proceedings. RELATED TERMS EXPERT WITNESSES HISTORY: 1912 constitutional convention, adopted eff. 1-1-13 * CONST II Sec. 40 REGISTRATION AND GUARANTY OF LAND TITLES UNDER TORRENS SYSTEM Laws may be passed providing for a system of registering, transferring, insuring and guaranteeing land titles by the state or by the counties thereof, and for settling and determining adverse or other claims to and interests in, lands the titles to which are so registered, insured or guaranteed, and for the creation and collection of guaranty funds by fees to be assessed against lands, the titles to which are registered; and judicial powers with right of appeal may by law be conferred upon county recorders or other officers in matters arising under the operation of such system. RELATED TERMS RECORDERS, COUNTY; TITLE TO PROPERTY HISTORY: 1912 constitutional convention, adopted eff. 1-1-13 * CONST II Sec. 41 LAWS ON EMPLOYMENT OF PRISONERS Laws may be passed providing for and regulating the occupation and employment of prisoners sentenced to the several penal institutions and reformatories in the state. RELATED TERMS CONVICT LABOR HISTORY: 1978 SJR 23, am. eff. 11-7-78 1912 constitutional convention, adopted eff. 1-1-13 * CONST II Sec. 42 CONTINUITY OF GOVERNMENT IN CASE OF ATTACK The General Assembly shall have the power and the immediate duty to pass laws to provide for prompt and temporary succession to the powers and duties of public offices, of whatever nature and whether filled by election or appointment, the incumbents of which may become unavailable for carrying on the powers and duties of such offices and to pass such other laws as may be necessary and proper for insuring the continuity of governmental operations in periods of emergency resulting from disasters caused by enemy attack. RELATED TERMS EMERGENCIES AND DISASTERS; PUBLIC OFFICIALS; VACANCIES IN OFFICE; WARS HISTORY: 129 v 1844, adopted eff. 11-7-61 * CONST III Sec. 1 EXECUTIVE DEPARTMENT; KEY STATE OFFICERS The executive department shall consist of a governor, lieutenant governor, secretary of state, auditor of state, treasurer of state, and an attorney general, who shall be elected on the first Tuesday after the first Monday in November, by the electors of the state, and at the places of voting for members of the general assembly. RELATED TERMS ATTORNEY GENERAL; AUDITOR, STATE; ELECTIONS; GOVERNOR; SECRETARY OF STATE; TREASURER, STATE HISTORY: 82 v 446, am. eff. 10-13-1885 1851 constitutional convention, adopted eff. 9-1-1851 * CONST III Sec. 1A JOINT ELECTION OF GOVERNOR AND LIEUTENANT GOVERNOR In the general election for governor and lieutenant governor, one vote shall be cast jointly for the candidates nominated by the same political party or petition. The general assembly shall provide by law for the nomination of candidates for governor and lieutenant governor. RELATED TERMS GOVERNOR HISTORY: 1976 SJR 4, adopted eff. 6-8-76 * CONST III Sec. 1B DUTIES OF LIEUTENANT GOVERNOR The lieutenant governor shall perform such duties in the executive department as are assigned to him by the governor and as are prescribed by law. RELATED TERMS GOVERNOR HISTORY: 1976 SJR 4, adopted eff. 1-8-79 * CONST III Sec. 2 TERMS OF OFFICE OF KEY STATE OFFICERS The Governor, Lieutenant Governor, Secretary of State, Treasurer of State, and Attorney General shall hold their offices for four years commencing on the second Monday of January, 1959. Their terms of office shall continue until their successors are elected and qualified. The Auditor of State shall hold his office for a term of two years from the second Monday of January, 1961 to the second Monday of January, 1963 and thereafter shall hold this office for a four year term. No person shall hold the office of Governor for a period longer than two successive terms of four years. No person shall hold any one of the offices of lieutenant governor, secretary of state, treasurer of state, attorney general, or auditor of state for a period longer than two successive terms of four years. Terms shall be considered successive unless separated by a period of four or more years. Only terms beginning on or after January 1, 1995 shall be considered in determining an individual's eligibility to hold the office of lieutenant governor, secretary of state, treasurer of state, attorney general, or auditor of state. RELATED TERMS ATTORNEY GENERAL; AUDITOR, STATE; ELECTIONS; GOVERNOR; LIEUTENANT GOVERNOR; SECRETARY OF STATE; TREASURER, STATE HISTORY: Initiative petition, am. eff. 11-3-92 * CONST III Sec. 3 COUNTING VOTES FOR KEY STATE OFFICERS; LEGISLATURE TO BREAK TIES The returns of every election for the officers, named in the foregoing section, shall be sealed and transmitted to the seat of government, by the returning officers, directed to the President of the Senate, who, during the first week of the next regular session, shall open and publish them, and declare the result, in the presence of a majority of the members of each House of the General Assembly. The joint candidates having the highest number of votes cast for governor and lieutenant governor and the person having the highest number of votes for any other office shall be declared duly elected; but if any two or more have an equal and the highest number of votes for the same office or offices, one of them or any two for whom joint votes were cast for governor and lieutenant governor, shall be chosen by the joint vote of both houses. RELATED TERMS ATTORNEY GENERAL; AUDITOR, STATE; CANDIDATES; ELECTIONS; GENERAL ASSEMBLY; GOVERNOR; SECRETARY OF STATE; TREASURER, STATE HISTORY: 1976 SJR 17, am. eff. 11-2-76 1976 SJR 4, am. eff. 6-8-76; 1851 constitutional convention, adopted eff. 9-1-1851 * CONST III Sec. 4 ELECTION RETURNS WHEN GENERAL ASSEMBLY NOT IN SESSION--REPEALED HISTORY: 1976 SJR 17, eff. 11-2-76 1851 constitutional convention, adopted eff. 9-1-1851 * CONST III Sec. 5 EXECUTIVE POWER VESTED IN GOVERNOR The supreme executive power of this State shall be vested in the governor. RELATED TERMS GOVERNOR HISTORY: 1851 constitutional convention, adopted eff. 9-1-1851 * CONST III Sec. 6 GOVERNOR TO SEE THAT LAWS EXECUTED; MAY REQUIRE INFORMATION FROM EXECUTIVE OFFICERS He may require information, in writing, from the officers in the executive department, upon any subject relating to the duties of their respective offices; and shall see that the laws are faithfully executed. RELATED TERMS ATTORNEY GENERAL; AUDITOR, STATE; GOVERNOR; SECRETARY OF STATE; TREASURER, STATE HISTORY: 1851 constitutional convention, adopted eff. 9-1-1851 * CONST III Sec. 7 GOVERNOR'S ANNUAL MESSAGE TO GENERAL ASSEMBLY; RECOMMENDATIONS FOR LEGISLATION He shall communicate at every session, by message, to the general assembly, the condition of the state, and recommend such measures as he shall deem expedient. RELATED TERMS GOVERNOR; STATE OF THE STATE MESSAGE HISTORY: 1851 constitutional convention, adopted eff. 9-1-1851 * CONST III Sec. 8 GOVERNOR MAY CONVENE SPECIAL SESSION OF LEGISLATURE WITH LIMITED PURPOSES The governor on extraordinary occasions may convene the general assembly by proclamation and shall state in the proclamation the purpose for which such special session is called, and no other business shall be transacted at such special session except that named in the proclamation, or in a subsequent public proclamation or message to the general assembly issued by the governor during said special session, but the general assembly may provide for the expenses of the session and other matters incidental thereto. RELATED TERMS GENERAL ASSEMBLY; GOVERNOR HISTORY: 1912 constitutional convention, am. eff. 1-1-13 1851 constitutional convention, adopted eff. 9-1-1851 * CONST III Sec. 9 WHEN GOVERNOR MAY ADJOURN LEGISLATURE; PROROGATION PROHIBITED In case of disagreement between the two Houses, in respect to the time of adjournment, he shall have power to adjourn the General Assembly to such time as he may think proper, but not beyond the regular meetings thereof. RELATED TERMS GENERAL ASSEMBLY; GOVERNOR HISTORY: 1851 constitutional convention, adopted eff. 9-1-1851 * CONST III Sec. 10 GOVERNOR IS COMMANDER-IN-CHIEF OF MILITIA He shall be commander-in-chief of the military and naval forces of the state, except when they shall be called into the service of the United States. RELATED TERMS GOVERNOR; MILITIA HISTORY: 1851 constitutional convention, adopted eff. 9-1-1851 * CONST III Sec. 11 GOVERNOR HAS POWER OF EXECUTIVE CLEMENCY; LIMITATIONS He shall have power, after conviction, to grant reprieves, commutations, and pardons, for all crimes and offenses, except treason and cases of impeachment, upon such conditions as he may think proper; subject, however, to such regulations, as to the manner of applying for pardons, as may be prescribed by law. Upon conviction for treason, he may suspend the execution of the sentence, and report the case to the General Assembly, at its next meeting, when the General Assembly shall either pardon, commute the sentence, direct its execution, or grant a further reprieve. He shall communicate to the General Assembly, at every regular session, each case of reprieve, commutation, or pardon granted, stating the name and crime of the convict, the sentence, its date, and the date of the commutation, pardon, or reprieve, with his reasons therefor. RELATED TERMS GOVERNOR; IMPEACHMENT; PARDONS; RECORDS AND REPORTS; SENTENCES; TREASON HISTORY: 1851 constitutional convention, adopted eff. 9-1-1851 * CONST III Sec. 12 GREAT SEAL OF THE STATE OF OHIO There shall be a seal of the state, which shall be kept by the governor, and used by him officially; and shall be called "The Great Seal of the State of Ohio." RELATED TERMS GOVERNOR; SEALS; STATE HISTORY: 1851 constitutional convention, adopted eff. 9-1-1851 * CONST III Sec. 13 REQUIREMENTS FOR GRANTS AND COMMISSIONS All grants and commissions shall be issued in the name, and by the authority, of the state of Ohio; sealed with the great seal; signed by the governor, and countersigned by the secretary of state. RELATED TERMS COMMISSIONS; GIFTS AND GRANTS; GOVERNOR; PUBLIC OFFICIALS; SECRETARY OF STATE HISTORY: 1851 constitutional convention, adopted eff. 9-1-1851 * CONST III Sec. 14 GOVERNOR NOT TO HOLD DUAL OFFICE No member of congress, or other person holding office under the authority of this state, or of the United States, shall execute the office of governor, except as herein provided. RELATED TERMS CONFLICT OF INTEREST; GOVERNOR HISTORY: 1851 constitutional convention, adopted eff. 9-1-1851 * CONST III Sec. 15 SUCCESSION IN CASE OF VACANCY IN OFFICE OF GOVERNOR (A) In the case of the death, conviction on impeachment, resignation, or removal, of the Governor, the Lieutenant Governor shall succeed to the office of governor. (B) When the Governor is unable to discharge the duties of office by reason of disability, the Lieutenant Governor shall serve as governor until the Governor's disability terminates. (C) In the event of a vacancy in the office of governor or when the Governor is unable to discharge the duties of office, the line of succession to the office of governor or to the position of serving as governor for the duration of the Governor's disability shall proceed from the Lieutenant Governor to the President of the Senate and then to the Speaker of the House of Representatives. (D) Any person serving as governor for the duration of the Governor's disability shall have the powers, duties, and compensation of the office of governor. Any person who succeeds to the office of governor shall have the powers, duties, title, and compensation of the office of governor. (E) No person shall simultaneously serve as Governor and Lieutenant Governor, President of the Senate, or Speaker of the House of Representatives, nor shall any person simultaneously receive the compensation of the office of governor and that of lieutenant governor, president of the senate, or speaker of the house of representatives. RELATED TERMS CONFLICT OF INTEREST; GOVERNOR; HOUSE OF REPRESENTATIVES, STATE; IMPEACHMENT; LIEUTENANT GOVERNOR; SENATE, STATE; VACANCIES IN OFFICE HISTORY: 1976 HJR 37, adopted eff. 11-2-76 HISTORICAL NOTES HISTORICAL AND STATUTORY NOTES Ed. Note: Former Art III, Sec. 15 repealed by 1976 HJR 37, eff. 11- 2-76; 1851 constitutional convention, adopted eff. 9-1-1851. * CONST III Sec. 16 LIEUTENANT GOVERNOR--REPEALED HISTORY: 1976 SJR 4, eff. 1-8-79 1851 constitutional convention, adopted eff. 9-1-1851 * CONST III Sec. 17 SUCCESSION IN CASE OF VACANCIES IN OFFICES OF BOTH GOVERNOR AND LIEUTENANT GOVERNOR When a vacancy occurs in both the office of governor and lieutenant governor because of the death, conviction on impeachment, resignation, or removal of the persons elected to those offices prior to the expiration of the first twenty months of a term, a governor and lieutenant governor shall be elected at the next general election occurring in an even-numbered year after the vacancy occurs, for the unexpired portion of the term. The officer next in line of succession to the office of governor shall serve as governor from the occurrence of the vacancy until the newly elected governor has qualified. If by reason of death, resignation, or disqualification, the governor- elect is unable to assume the office of governor at the commencement of the gubernatorial term, the lieutenant governor- elect shall assume the office of governor for the full term. If at the commencement of such term, the governor-elect fails to assume the office by reason of disability, the lieutenant governor-elect shall serve as governor until the disability of the governor-elect terminates. RELATED TERMS GOVERNOR; HOUSE OF REPRESENTATIVES, STATE; IMPEACHMENT; LIEUTENANT GOVERNOR; SENATE, STATE; VACANCIES IN OFFICE HISTORY: 1976 HJR 37, adopted eff. 11-2-76 HISTORICAL NOTES HISTORICAL AND STATUTORY NOTES Ed. Note: Former Article III, Sec. 17 repealed by 1976 HJR 37, eff. 11-2-76; 1851 constitutional convention, adopted eff. 9-1-1851. * CONST III Sec. 17A VACANCY IN OFFICE OF LIEUTENANT GOVERNOR Whenever there is a vacancy in the office of the lieutenant governor, the governor shall nominate a lieutenant governor, who shall take office upon confirmation by vote of a majority of the members elected to each house of the general assembly. RELATED TERMS GOVERNOR; VACANCIES IN OFFICE HISTORY: 1988 HJR 2, adopted eff. 11-7-89 * CONST III Sec. 18 GOVERNOR TO FILL VACANCIES IN KEY STATE OFFICES Should the office of Auditor of State, Treasurer of State, Secretary of State, or Attorney General become vacant, for any of the causes specified in the fifteenth section of this article, the Governor shall fill the vacancy until the disability is removed, or a successor elected and qualified. Such successor shall be elected for the unexpired term of the vacant office at the first general election in an even numbered year that occurs more than forty days after the vacancy has occurred; provided, that when the unexpired term ends within one year immediately following the date of such general election, an election to fill such unexpired term shall not be held and the appointment shall be for such unexpired term. RELATED TERMS ATTORNEY GENERAL; AUDITOR, STATE; GOVERNOR; SECRETARY OF STATE; TREASURER, STATE; VACANCIES IN OFFICE HISTORY: 1969 HJR 26, am. eff. 1-1-70 1851 constitutional convention, adopted eff. 9-1-1851 * CONST III Sec. 19 COMPENSATION OF KEY STATE OFFICERS; CHANGE DURING TERM PROHIBITED The officers mentioned in this article shall, at stated times, receive, for their services, a compensation to be established by law, which shall neither be increased nor diminished during the period for which they shall have been elected. RELATED TERMS ATTORNEY GENERAL; AUDITOR, STATE; COMPENSATION; EXECUTIVE DEPARTMENT; GOVERNOR; LIEUTENANT GOVERNOR; SECRETARY OF STATE; TREASURER, STATE HISTORY: 1851 constitutional convention, adopted eff. 9-1-1851 * CONST III Sec. 20 ANNUAL REPORTS OF EXECUTIVE OFFICERS The officers of the executive department, and of the public state institutions shall, at least five days preceding each regular session of the General Assembly, severally report to the Governor, who shall transmit such reports, with his message, to the general assembly. RELATED TERMS ATTORNEY GENERAL; AUDITOR, STATE; GOVERNOR; PUBLIC OFFICIALS; SECRETARY OF STATE; TREASURER, STATE HISTORY: 1851 constitutional convention, adopted eff. 9-1-1851 * CONST III Sec. 21 APPOINTMENTS TO OFFICE; ADVICE AND CONSENT OF SENATE When required by law, appointments to state office shall be subject to the advice and consent of the Senate. All statutory provisions requiring advice and consent of the Senate to appointments to state office heretofore enacted by the General Assembly are hereby validated, ratified and confirmed as to all appointments made hereafter, but any such provision may be altered or repealed by law. No appointment shall be consented to without concurrence of a majority of the total number of Senators provided for by this Constitution, except as hereinafter provided for in the case of failure of the Senate to act. If the Senate has acted upon any appointment to which its consent is required and has refused to consent, an appointment of another person shall be made to fill the vacancy. If an appointment is submitted during a session of the General Assembly, it shall be acted upon by the Senate during such session of the General Assembly, except that if such session of the General Assembly adjourns sine die within ten days after such submission without acting upon such appointment, it may be acted upon at the next session of the General Assembly. If an appointment is made after the Senate has adjourned sine die, it shall be submitted to the Senate during the next session of the General Assembly. In acting upon an appointment a vote shall be taken by a yea and nay vote of the members of the Senate and shall be entered upon its journal. Failure of the Senate to act by a roll call vote on an appointment by the governor within the time provided for herein shall constitute consent to such appointment. RELATED TERMS ATTORNEY GENERAL; AUDITOR, STATE; GOVERNOR; PUBLIC OFFICIALS; SECRETARY OF STATE; SENATE, STATE; TREASURER, STATE; VACANCIES IN OFFICE HISTORY: 129 v 1829, adopted eff. 11-7-61 * CONST III Sec. 22 SUPREME COURT TO DETERMINE DISABILITY OF GOVERNOR OR GOVERNOR-ELECT AND RESOLVE SUCCESSION QUESTIONS The supreme court has original, exclusive, and final jurisdiction to determine disability of the governor or governor-elect upon presentment to it of a joint resolution by the general assembly, declaring that the governor or governor-elect is unable to discharge the powers and duties of the office of governor by reason of disability. Such joint resolution shall be adopted by a two- thirds vote of the members elected to each house. The supreme court shall give notice of the resolution to the governor and after a public hearing, at which all interested parties may appear and be represented, shall determine the question of disability. The court shall make its determination within twenty-one days after presentment of such resolution. If the governor transmits to the supreme court a written declaration that the disability no longer exists, the supreme court shall, after public hearing at which all interested parties may appear and be represented, determine the question of the continuation of the disability. The court shall make its determination within twenty-one days after transmittal of such declaration. The supreme court has original, exclusive, and final jurisdiction to determine all questions concerning succession to the office of the governor or to its powers and duties. RELATED TERMS GENERAL ASSEMBLY; GOVERNOR; JURISDICTION; SUPREME COURT, STATE HISTORY: 1976 HJR 37, adopted eff. 11-2-76 * CONST IV Sec. 1 JUDICIAL POWER VESTED IN COURTS The judicial power of the state is vested in a supreme court, courts of appeals, courts of common pleas and divisions thereof, and such other courts inferior to the supreme court as may from time to time be established by law. RELATED TERMS COURTS; COURTS OF APPEALS; COURTS OF COMMON PLEAS; SUPREME COURT, STATE HISTORY: 1973 SJR 30, am. eff. 11-6-73 132 v HJR 42, am. eff. 5-7-68; 1912 constitutional convention, am. eff. 1-1-13; 80 v 382, am. eff. 10-9-1883; 1851 constitutional convention, adopted eff. 9-1-1851 * CONST IV Sec. 2 ORGANIZATION AND JURISDICTION OF SUPREME COURT (A) The supreme court shall, until otherwise provided by law, consist of seven judges, who shall be known as the chief justice and justices. In case of the absence or disability of the chief justice, the judge having the period of longest total service upon the court shall be the acting chief justice. If any member of the court shall be unable, by reason of illness, disability or disqualification, to hear, consider and decide a cause or causes, the chief justice or the acting chief justice may direct any judge of any court of appeals to sit with the judges of the supreme court in the place and stead of the absent judge. A majority of the supreme court shall be necessary to constitute a quorum or to render a judgment. (B) (1) The supreme court shall have original jurisdiction in the following: (a) Quo warranto; (b) Mandamus; (c) Habeas corpus; (d) Prohibition; (e) Procedendo; (f) In any cause on review as may be necessary to its complete determination; (g) Admission to the practice of law, the discipline of persons so admitted, and all other matters relating to the practice of law. (2) The supreme court shall have appellate jurisdiction as follows: (a) In appeals from the courts of appeals as a matter of right in the following: (i) Cases originating in the courts of appeals; (ii) Cases in which the death penalty has been affirmed; (iii) Cases involving questions arising under the constitution of the United States or of this state. (b) In appeals from the courts of appeals in cases of felony on leave first obtained. (c) Such revisory jurisdiction of the proceedings of administrative officers or agencies as may be conferred by law; (d) In cases of public or great general interest, the supreme court may direct any court of appeals to certify its record to the supreme court, and may review and affirm, modify, or reverse the judgment of the court of appeals; (e) The supreme court shall review and affirm, modify, or reverse the judgment in any case certified by any court of appeals pursuant to section 3 (B) (4) of this article. (3) No law shall be passed or rule made whereby any person shall be prevented from invoking the original jurisdiction of the supreme court. (C) The decisions in all cases in the supreme court shall be reported, together with the reasons therefor. RELATED TERMS ADMINISTRATIVE PROCEDURE; APPEALS; ATTORNEYS; CONSTITUTIONALITY; CONSTITUTION, UNITED STATES; COURTS OF APPEALS; DEATH SENTENCE; FELONIES; HABEAS CORPUS; JURISDICTION; MANDAMUS; PRINTING, STATE; PROCEDENDO; PROHIBITION WRITS; QUO WARRANTO; SUPREME COURT, STATE HISTORY: 132 v HJR 42, am. eff. 5-7-68 120 v 743, am. eff. 11-7-44; 1912 constitutional convention, am. eff. 1-1-13; 80 v 382, am. eff. 10-9-1883; 1851 constitutional convention, adopted eff. 9-1-1851 * CONST IV Sec. 3 ORGANIZATION AND JURISDICTION OF COURTS OF APPEALS (A) The state shall be divided by law into compact appellate districts in each of which there shall be a court of appeals consisting of three judges. Laws may be passed increasing the number of judges in any district wherein the volume of business may require such additional judge or judges. In districts having additional judges, three judges shall participate in the hearing and disposition of each case. The court shall hold sessions in each county of the district as the necessity arises. The county commissioners of each county shall provide a proper and convenient place for the court of appeals to hold court. (B) (1) The courts of appeals shall have original jurisdiction in the following: (a) Quo warranto; (b) Mandamus; (c) Habeas corpus; (d) Prohibition; (e) Procedendo; (f) In any cause on review as may be necessary to its complete determination. (2) Courts of appeals shall have such jurisdiction as may be provided by law to review and affirm, modify, or reverse judgments or final orders of the courts of record inferior to the court of appeals within the district and shall have such appellate jurisdiction as may be provided by law to review and affirm, modify, or reverse final orders or actions of administrative officers or agencies. (3) A majority of the judges hearing the cause shall be necessary to render a judgment. Judgments of the courts of appeals are final except as provided in section 2 (B) (2) of this article. No judgment resulting from a trial by jury shall be reversed on the weight of the evidence except by the concurrence of all three judges hearing the cause. (4) Whenever the judges of a court of appeals find that a judgment upon which they have agreed is in conflict with a judgment pronounced upon the same question by any other court of appeals of the state, the judges shall certify the record of the case to the supreme court for review and final determination. (C) Laws may be passed providing for the reporting of cases in the courts of appeals. RELATED TERMS ADMINISTRATIVE PROCEDURE; APPEALS; COUNTY COMMISSIONERS; COURTS OF APPEALS; DISTRICTS; HABEAS CORPUS; JUDICIAL DISTRICTS; JURISDICTION; MANDAMUS; PRINTING, STATE; PROCEDENDO; PROHIBITION WRITS; QUO WARRANTO HISTORY: 132 v HJR 42, adopted eff. 5-7-68 * CONST IV Sec. 4 ORGANIZATION AND JURISDICTION OF COMMON PLEAS COURTS (A) There shall be a court of common pleas and such divisions thereof as may be established by law serving each county of the state. Any judge of a court of common pleas or a division thereof may temporarily hold court in any county. In the interests of the fair, impartial, speedy, and sure administration of justice, each county shall have one or more resident judges, or two or more counties may be combined into districts having one or more judges resident in the district and serving the common pleas courts of all counties in the district, as may be provided by law. Judges serving a district shall sit in each county in the district as the business of the court requires. In counties or districts having more than one judge of the court of common pleas, the judges shall select one of their number to act as presiding judge, to serve at their pleasure. If the judges are unable because of equal division of the vote to make such selection, the judge having the longest total service on the court of common pleas shall serve as presiding judge until selection is made by vote. The presiding judge shall have such duties and exercise such powers as are prescribed by rule of the supreme court. (B) The courts of common pleas and divisions thereof shall have such original jurisdiction over all justiciable matters and such powers of review of proceedings of administrative officers and agencies as may be provided by law. (C) Unless otherwise provided by law, there shall be a probate division and such other divisions of the courts of common pleas as may be provided by law. Judges shall be elected specifically to such probate division and to such other divisions. The judges of the probate division shall be empowered to employ and control the clerks, employees, deputies, and referees of such probate division of the common pleas courts. RELATED TERMS ADMINISTRATIVE PROCEDURE; APPEALS; COURTS OF APPEALS; COURTS OF COMMON PLEAS; JURISDICTION; PROBATE COURTS
HISTORY: 1973 SJR 30, am. eff. 11-6-73 132 v HJR 42, adopted eff. 5-7-68 * CONST IV Sec. 5 POWERS AND DUTIES OF SUPREME COURT; SUPERINTENDENCE OF COURTS; RULES (A) (1) In addition to all other powers vested by this article in the supreme court, the supreme court shall have general superintendence over all courts in the state. Such general superintending power shall be exercised by the chief justice in accordance with rules promulgated by the supreme court. (2) The supreme court shall appoint an administrative director who shall assist the chief justice and who shall serve at the pleasure of the court. The compensation and duties of the administrative director shall be determined by the court. (3) The chief justice or acting chief justice, as necessity arises, shall assign any judge of a court of common pleas or a division thereof temporarily to sit or hold court on any other court of common pleas or division thereof or any court of appeals or shall assign any judge of a court of appeals temporarily to sit or hold court on any other court of appeals or any court of common pleas or division thereof and upon such assignment said judge shall serve in such assigned capacity until the termination of the assignment. Rules may be adopted to provide for the temporary assignment of judges to sit and hold court in any court established by law. (B) The supreme court shall prescribe rules governing practice and procedure in all courts of the state, which rules shall not abridge, enlarge, or modify any substantive right. Proposed rules shall be filed by the court, not later than the fifteenth day of January, with the clerk of each house of the general assembly during a regular session thereof, and amendments to any such proposed rules may be so filed not later than the first day of May in that session. Such rules shall take effect on the following first day of July, unless prior to such day the general assembly adopts a concurrent resolution of disapproval. All laws in conflict with such rules shall be of no further force or effect after such rules have taken effect. Courts may adopt additional rules concerning local practice in their respective courts which are not inconsistent with the rules promulgated by the supreme court. The supreme court may make rules to require uniform record keeping for all courts of the state, and shall make rules governing the admission to the practice of law and discipline of persons so admitted. (C) The chief justice of the supreme court or any judge of that court designated by him shall pass upon the disqualification of any judge of the courts of appeals or courts of common pleas or division thereof. Rules may be adopted to provide for the hearing of disqualification matters involving judges of courts established by law. RELATED TERMS ATTORNEYS; COUNTY COURTS; COURTS; COURTS OF APPEALS; COURTS OF COMMON PLEAS; GENERAL ASSEMBLY; JUDGES; JURISDICTION; JUVENILE COURTS; MUNICIPAL COURTS; PROBATE COURTS; RULES OF COURTS; STATUTES; SUPREME COURT, STATE HISTORY: 1973 SJR 30, am. eff. 11-6-73 132 v HJR 42, adopted eff. 5-7-68 * CONST IV Sec. 6 ELECTION AND COMPENSATION OF JUDGES; MANDATORY RETIREMENT; ASSIGNMENT OF RETIRED JUDGES (A) (1) The chief justice and the justices of the supreme court shall be elected by the electors of the state at large, for terms of not less than six years. (2) The judges of the courts of appeals shall be elected by the electors of their respective appellate districts, for terms of not less than six years. (3) The judges of the courts of common pleas and the divisions thereof shall be elected by the electors of the counties, districts, or, as may be provided by law, other subdivisions, in which their respective courts are located, for terms of not less than six years, and each judge of a court of common pleas or division thereof shall reside during his term of office in the county, district, or subdivision in which his court is located. (4) Terms of office of all judges shall begin on the days fixed by law, and laws shall be enacted to prescribe the times and mode of their election. (B) The judges of the supreme court, courts of appeals, courts of common pleas, and divisions thereof, and of all courts of record established by law, shall, at stated times, receive, for their services such compensation as may be provided by law, which shall not be diminished during their term of office. The compensation of all judges of the supreme court, except that of the chief justice, shall be the same. The compensation of all judges of the courts of appeals shall be the same. Common pleas judges and judges of divisions thereof, and judges of all courts of record established by law shall receive such compensation as may be provided by law. Judges shall receive no fees or perquisites, nor hold any other office of profit or trust, under the authority of this state, or of the United States. All votes for any judge, for any elective office, except a judicial office, under the authority of this state, given by the general assembly, or the people shall be void. (C) No person shall be elected or appointed to any judicial office if on or before the day when he shall assume the office and enter upon the discharge of its duties he shall have attained the age of seventy years. Any voluntarily retired judge, or any judge who is retired under this section, may be assigned with his consent, by the chief justice or acting chief justice of the supreme court to active duty as a judge and while so serving shall receive the established compensation for such office, computed upon a per diem basis, in addition to any retirement benefits to which he may be entitled. Laws may be passed providing retirement benefits for judges. RELATED TERMS AGE REQUIREMENTS; CONFLICT OF INTEREST; COUNTY COURTS; COURTS OF APPEALS; COURTS OF COMMON PLEAS; JUDGES; JUVENILE COURTS; MUNICIPAL COURTS; PROBATE COURTS; RESIDENCY REQUIREMENTS; RETIREMENT PLANS; SUPREME COURT, STATE HISTORY: 1973 SJR 30, am. eff. 11-6-73 132 v HJR 42, adopted eff. 5-7-68 * CONST IV Sec. 7 PROBATE COURTS--REPEALED HISTORY: 132 v HJR 42, eff. 5-7-68 124 v 888, am. eff. 11-6-51; 122 v 775, am. eff. 11-4-47; 1912 constitutional convention, am. eff. 1-1-13; 1851 constitutional convention, adopted eff. 9-1-1851 * CONST IV Sec. 8 PROBATE COURT; JURISDICTION-- REPEALED HISTORY: 132 v HJR 42, eff. 5-7-68 1851 constitutional convention, adopted eff. 9-1-1851 * CONST IV Sec. 9 JUSTICES OF THE PEACE--REPEALED HISTORY: 1912 constitutional convention, eff. 1-1-13 1851 constitutional convention, adopted eff. 9-1-1851 * CONST IV Sec. 10 OTHER JUDGES; ELECTION--REPEALED HISTORY: 132 v HJR 42, eff. 5-7-68 1851 constitutional convention, adopted eff. 9-1-1851 * CONST IV Sec. 11 CLASSIFICATION OF SUPREME COURT JUDGES--REPEALED HISTORY: 80 v 382, eff. 10-9-1883 1851 constitutional convention, adopted eff. 9-1-1851 * CONST IV Sec. 12 VACANCIES, HOW FILLED--REPEALED HISTORY: 132 v HJR 42, eff. 5-7-68 1912 constitutional convention, am. eff. 1-1-13; 1851 constitutional convention, adopted eff. 9-1-1851 * CONST IV Sec. 13 FILLING VACANCY IN JUDICIAL OFFICE In case the office of any judge shall become vacant, before the expiration of the regular term for which he was elected, the vacancy shall be filled by appointment by the governor, until a successor is elected and has qualified; and such successor shall be elected for the unexpired term, at the first general election for the office which is vacant that occurs more than forty days after the vacancy shall have occurred; provided, however, that when the unexpired term ends within one year immediately following the date of such general election, an election to fill such unexpired term shall not be held and the appointment shall be for such unexpired term. RELATED TERMS COUNTY COURTS; COURTS OF APPEALS; COURTS OF COMMON PLEAS; GOVERNOR; JUDGES; JUVENILE COURTS; MUNICIPAL COURTS; PROBATE COURTS; SUPREME COURT, STATE; VACANCIES IN OFFICE HISTORY: 119 v 863, am. eff. 11-3-42 1851 constitutional convention, adopted eff. 9-1-1851 * CONST IV Sec. 14 COMPENSATION; WHEN INELIGIBLE AS CANDIDATE FOR OTHER OFFICE--REPEALED HISTORY: 132 v HJR 42, eff. 5-7-68 1851 constitutional convention, adopted eff. 9-1-1851 * CONST IV Sec. 15 CHANGING NUMBER OF JUDGES; ESTABLISHING OTHER COURTS Laws may be passed to increase or diminish the number of judges of the supreme court, to increase beyond one or diminish to one the number of judges of the court of common pleas in any county, and to establish other courts, whenever two-thirds of the members elected to each house shall concur therein; but no such change, addition or diminution shall vacate the office of any judge; and any existing court heretofore created by law shall continue in existence until otherwise provided. RELATED TERMS COUNTY COURTS; COURTS OF APPEALS; COURTS OF COMMON PLEAS; GENERAL ASSEMBLY; JUDGES; JUVENILE COURTS; MUNICIPAL COURTS; PROBATE COURTS; SUPREME COURT, STATE HISTORY: 1912 constitutional convention, am. eff. 1-1-13 1851 constitutional convention, adopted eff. 9-1-1851 * CONST IV Sec. 16 CLERK OF COURTS--REPEALED HISTORY: 115 v Pt 2, 443, eff. 11-7-33 1851 constitutional convention, adopted eff. 9-1-1851 * CONST IV Sec. 17 JUDGES MAY BE REMOVED BY LEGISLATURE; PROCEDURE Judges may be removed from office, by concurrent resolution of both Houses of the General Assembly, if two-thirds of the members, elected to each House, concur therein; but, no such removal shall be made, except upon complaint, the substance of which, shall be entered on the journal, nor, until the party charged shall have had notice thereof, and an opportunity to be heard. RELATED TERMS COUNTY COURTS; COURTS OF APPEALS; COURTS OF COMMON PLEAS; GENERAL ASSEMBLY; JUDGES; JUVENILE COURTS; MUNICIPAL COURTS; PROBATE COURTS HISTORY: 1851 constitutional convention, adopted eff. 9-1-1851 * CONST IV Sec. 18 POWERS AND JURISDICTION OF JUDGES The several judges of the supreme court, of the common pleas, and of such other courts as may be created, shall, respectively, have and exercise such power and jurisdiction, at chambers, or otherwise, as may be directed by law. RELATED TERMS COUNTY COURTS; COURTS OF APPEALS; COURTS OF COMMON PLEAS; JUDGES; JUVENILE COURTS; MUNICIPAL COURTS; PROBATE COURTS; SUPREME COURT, STATE HISTORY: 1851 constitutional convention, adopted eff. 9-1-1851 * CONST IV Sec. 19 COURTS OF CONCILIATION The general assembly may establish courts of Conciliation, and prescribe their powers and duties; but such courts shall not render final judgment in any case, except upon submission, by the parties, of the matter in dispute, and their agreement to abide such judgment. RELATED TERMS ARBITRATION AND AWARD; COURTS; COURTS OF CONCILIATION; GENERAL ASSEMBLY HISTORY: 1851 constitutional convention, adopted eff. 9-1-1851 * CONST IV Sec. 20 STYLE OF PROCESS, PROSECUTION, AND INDICTMENT The style of all process shall be, "The State of Ohio;" all prosecutions shall be carried on, in the name, and by the authority, of the state of Ohio; and all indictments shall conclude, "against the peace and dignity of the state of Ohio." RELATED TERMS ACTIONS; CRIMINAL PROSECUTIONS; INDICTMENT OR INFORMATION; SERVICE OF PROCESS HISTORY: 1851 constitutional convention, adopted eff. 9-1-1851 * CONST IV Sec. 22 SUPREME COURT COMMISSION A commission, which shall consist of five members, shall be appointed by the Governor, with the advice and consent of the Senate, the members of which shall hold office for the term of three years from and after the first day of February, 1876, to dispose of such part of the business then on the dockets of the Supreme Court, as shall, by arrangement between said commission and said court, be transferred to such commission; and said commission shall have like jurisdiction and power in respect to such business as are or may be vested in said court; and the members of said commission shall receive a like compensation for the time being with the judges of said court. A majority of the members of said commission shall be necessary to form a quorum or pronounce a decision, and its decision shall be certified, entered and enforced as the judgments of the Supreme Court, and at the expiration of the term of said commission, all business undisposed of, shall by it be certified to the Supreme Court and disposed of as if said commission had never existed. The clerk and reporter of said court shall be the clerk and reporter of said commission, and the commission shall have such other attendants not exceeding in number those provided by law for said court, which attendants said commission may appoint and remove at its pleasure. Any vacancy occurring in said commission, shall be filled by appointment of the Governor, with the advice and consent of the Senate, if the Senate be in session, and if the Senate be not in session, by the Governor, but in such last case, such appointments shall expire at the end of the next session of the General Assembly. The General Assembly may, on application of the supreme court duly entered on the journal of the court and certified, provide by law, whenever two-thirds of such (FN1) house shall concur therein, from time to time, for the appointment, in like manner, of a like commission with like powers, jurisdiction and duties; provided, that the term of any such commission shall not exceed two years, nor shall it be created oftener than once in ten years. * CONST V Sec. 1 WHO MAY VOTE Every citizen of the United States, of the age of eighteen years, who has been a resident of the state, county, township, or ward, such time as may be provided by law, and has been registered to vote for thirty days, has the qualifications of an elector, and is entitled to vote at all elections. Any elector who fails to vote in at least one election during any period of four consecutive years shall cease to be an elector unless he again registers to vote. RELATED TERMS AGE REQUIREMENTS; VOTERS AND VOTING HISTORY: Initiative petition, am. eff. 12-8-77 1976 SJR 16, am. eff. 6-8-76; 1970 HJR 8, am. eff. 1-1-71; 127 v 1114, am. eff. 11-5-57; 110 v 628, am. eff. 11-6-23; 1851 constitutional convention, adopted eff. 9-1-1851 * CONST V Sec. 2 BY BALLOT All elections shall be by ballot. RELATED TERMS BALLOTS HISTORY: 1851 constitutional convention, adopted eff. 9-1-1851 * CONST V Sec. 2A OFFICE TYPE BALLOT; LAWS TO PROVIDE FOR REASONABLE EQUAL POSITION OF NAMES ON BALLOT The names of all candidates for an office at any election shall be arranged in a group under the title of that office. The general assembly shall provide by law the means by which ballots shall give each candidate's name reasonably equal position by rotation or other comparable methods to the extent practical and appropriate to the voting procedure used. At any election in which a candidate's party designation appears on the ballot, the name or designation of each candidate's party, if any, shall be printed under or after each candidate's name in less prominent type face than that in which the candidate's name is printed. An elector may vote for candidates (other than candidates for electors of President and Vice President of the United States, and other than candidates for governor and lieutenant governor) only and in no other way than by indicating his vote for each candidate separately from the indication of his vote for any other candidate. HISTORY: 1976 SJR 4, am. eff. 6-8-76 1975 HJR 12, am. eff. 11-4-75; 123 v 964, adopted eff. 11-8-49 * CONST V Sec. 3 VOTERS, WHEN PRIVILEGED FROM ARREST--REPEALED HISTORY: 1976 SJR 16, eff. 6-8-76 1851 constitutional convention, adopted eff. 9-1-1851 * CONST V Sec. 4 EXCLUSION FROM FRANCHISE The General Assembly shall have power to exclude from the privilege of voting, or of being eligible to office, any person convicted of a felony. RELATED TERMS CANDIDATES; CRIMES AND OFFENSES; DISFRANCHISEMENT; EX-CONVICTS; FELONIES; GENERAL ASSEMBLY; PUBLIC OFFICIALS; VOTERS AND VOTING HISTORY: 1976 SJR 16, am. eff. 6-8-76 1851 constitutional convention, adopted eff. 9-1-1851 * CONST V Sec. 5 PERSONS NOT CONSIDERED RESIDENTS OF THE STATE--REPEALED
HISTORY: 1976 SJR 16, eff. 6-8-76 1851 constitutional convention, adopted eff. 9-1-1851 * CONST V Sec. 6 IDIOTS OR INSANE PERSONS No idiot, or insane person, shall be entitled to the privileges of an elector. RELATED TERMS DISFRANCHISEMENT; EX-CONVICTS; MENTALLY ILL PERSONS; VOTERS AND VOTING HISTORY: 1851 constitutional convention, adopted eff. 9-1-1851 * CONST V Sec. 7 DIRECT PRIMARY ELECTIONS All nominations for elective state, district, county and municipal offices shall be made at direct primary elections or by petition as provided by law, and provision shall be made by law for a preferential vote for United States senator; but direct primaries shall not be held for the nomination of township officers or for the officers of municipalities of less than two thousand population, unless petitioned for by a majority of the electors of such township or municipality. All delegates from this state to the national conventions of political parties shall be chosen by direct vote of the electors in a manner provided by law. Each candidate for such delegate shall state his first and second choices for the presidency, but the name of no candidate for the presidency shall be so used without his written authority. RELATED TERMS CANDIDATES; CONGRESS, UNITED STATES; MUNICIPAL CORPORATIONS; POLITICAL PARTIES; PRESIDENT, UNITED STATES; PRIMARIES; TOWNSHIPS HISTORY: 1975 SJR 10, am. eff. 1-1-76 1912 constitutional convention, adopted eff. 1-1-13 * CONST V Sec. 8 TERM LIMITS FOR UNITED STATES SENATORS AND REPRESENTATIVES No person shall hold the office of United States senator from Ohio for a period longer than two successive terms of six years. No person shall hold the office of United States representative from Ohio for a period longer than four successive terms of two years. Terms shall be considered successive unless separated by a period of four or more years. Only terms beginning on or after January 1, 1993 shall be considered in determining an individual's eligibility to hold office. RELATED TERMS CONGRESS, UNITED STATES; ELECTIONS HISTORY: Initiative petition, adopted eff. 11-3-92 * CONST V Sec. 9 ELIGIBILITY REQUIREMENTS FOR STATE LEGISLATORS AND OFFICERS, AND UNITED STATES SENATORS AND REPRESENTATIVES In determining the eligibility of an individual to hold an office in accordance with Articles II, III, and V of this Constitution, (A) time spent in an office in fulfillment of a term to which another person was first elected shall not be considered provided that a period of at least four years passed between the time, if any, in which the individual previously held that office, and the time the individual is elected or appointed to fulfill the unexpired term; and (B) a person who is elected to an office in a regularly scheduled general election and resigns prior to the completion of the term for which he or she was elected, shall be considered to have served the full term in that office. RELATED TERMS ELECTIONS; VACANCIES IN OFFICE HISTORY: Intiative petition, adopted eff. 11-3-92 * CONST VI Sec. 1 USE OF PROCEEDS OF SCHOOL AND MINISTERIAL LANDS The principal of all funds, arising from the sale, or other disposition of lands, or other property, granted or entrusted to this State for educational and religious purposes, shall be used or disposed of in such manner as the General Assembly shall prescribe by law. RELATED TERMS GENERAL ASSEMBLY; GIFTS AND GRANTS; LANDS, PUBLIC; PERSONAL PROPERTY; SCHOOL AND MINISTERIAL LANDS HISTORY: 132 v SJR 21, am. eff. 7-1-68 1851 constitutional convention, adopted eff. 9-1-1851 * CONST VI Sec. 2 PUBLIC SCHOOL SYSTEM TO BE ADEQUATELY FUNDED; USE OF SCHOOL FUNDS BY RELIGIOUS SECTS The general assembly shall make such provisions, by taxation, or otherwise, as, with the income arising from the school trust fund, will secure a thorough and efficient system of common schools throughout the State; but, no religious or other sect, or sects, shall ever have any exclusive right to, or control of, any part of the school funds of this state. RELATED TERMS SCHOOL FINANCE; SCHOOLS AND SCHOOL DISTRICTS HISTORY: 1851 constitutional convention, adopted eff. 9-1-1851 * CONST VI Sec. 3 ORGANIZATION, ADMINISTRATION, AND CONTROL OF SCHOOL SYSTEM Provision shall be made by law for the organization, administration and control of the public school system of the state supported by public funds: provided, that each school district embraced wholly or in part within any city shall have the power by referendum vote to determine for itself the number of members and the organization of the district board of education, and provision shall be made by law for the exercise of this power by such school districts. RELATED TERMS EDUCATION, LOCAL BOARDS; INITIATIVE AND REFERENDUM HISTORY: 1912 constitutional convention, adopted eff. 7-14-13 * CONST VI Sec. 4 STATE BOARD OF EDUCATION; SUPERINTENDENT OF PUBLIC INSTRUCTION There shall be a state board of education which shall be selected in such manner and for such terms as shall be provided by law. There shall be a superintendent of public instruction, who shall be appointed by the state board of education. The respective powers and duties of the board and of the superintendent shall be prescribed by law. RELATED TERMS EDUCATION DEPARTMENT; EDUCATION, STATE BOARD HISTORY: 125 v 1088, am. eff. 11-3-53 1912 constitutional convention, adopted eff. 7-14-13 * CONST VI Sec. 5 LOANS FOR HIGHER EDUCATION To increase opportunities to the residents of this state for higher education, it is hereby determined to be in the public interest and a proper public purpose for the state to guarantee the repayment of loans made to residents of this state to assist them in meeting the expenses of attending an institution of higher education. Laws may be passed to carry into effect such purpose including the payment, when required, of any such guarantee from moneys available for such payment after first providing the moneys necessary to meet the requirements of any bonds or other obligations heretofore or hereafter authorized by any section of the Constitution. Such laws and guarantees shall not be subject to the limitations or requirements of Article VIII or of Section 11 of Article XII of the Constitution. Amended Substitute House Bill No. 618 enacted by the General Assembly on July 11, 1961, and Amended Senate Bill No. 284 enacted by the General Assembly on May 23, 1963, and all appropriations of moneys made for the purpose of such enactments, are hereby validated, ratified, confirmed, and approved in all respects, and they shall be in full force and effect from and after the effective date of this section as laws of this state until amended or repealed by law. RELATED TERMS APPROPRIATIONS; STUDENT LOANS HISTORY: 130 (special session) v Pt 2, SJR 4, adopted eff. 5-4-65 * CONST VII Sec. 1 STATE BENEVOLENT INSTITUTIONS TO BE FOSTERED AND SUPPORTED Institutions for the benefit of the insane, blind, and deaf and dumb, shall always be fostered and supported by the state; and be subject to such regulations as may be prescribed by the general assembly. RELATED TERMS BLIND PERSONS; DEAF PERSONS; GENERAL ASSEMBLY; MENTALLY ILL PERSONS HISTORY: 1851 constitutional convention, adopted eff. 9-1-1851 * CONST VII Sec. 2 APPOINTMENT OF DIRECTORS OF PENAL, BENEVOLENT, AND OTHER STATE INSTITUTIONS The directors of the penitentiary shall be appointed or elected in such manner as the general assembly may direct; and the trustees of the benevolent, and other state institutions, now elected by the general assembly, and of such other state institutions as may be hereafter created, shall be appointed by the governor, by and with the advice and consent of the senate; and upon all nominations made by the governor, the question shall be taken by yeas and nays, and entered upon the journals of the senate. RELATED TERMS CHARITABLE INSTITUTIONS; CORRECTIONAL INSTITUTIONS; GOVERNOR; PENITENTIARY HISTORY: 1851 constitutional convention, adopted eff. 9-1-1851 * CONST VII Sec. 3 FILLING VACANCIES IN DIRECTORSHIPS OF STATE INSTITUTIONS The governor shall have power to fill all vacancies that may occur in the offices aforesaid, until the next session of the general assembly, and, until a successor to his appointee shall be confirmed and qualified. RELATED TERMS GOVERNOR; PENITENTIARY; PUBLIC OFFICIALS; VACANCIES IN OFFICE HISTORY: 1851 constitutional convention, adopted eff. 9-1-1851 * CONST VIII Sec. 1 LIMIT ON DEFICIT SPENDING BY STATE The state may contract debts, to supply casual deficits or failures in revenues, or to meet expenses not otherwise provided for; but the aggregate amount of such debts, direct and contingent, whether contracted by virtue of one or more acts of the general assembly, or at different periods of time, shall never exceed seven hundred and fifty thousand dollars; and the money, arising from the creation of such debts, shall be applied to the purpose for which it was obtained, or to repay the debts so contracted, and to no other purpose whatever. RELATED TERMS DEBTS, PUBLIC; DEFICITS; FUNDS, PUBLIC HISTORY: 1851 constitutional convention, adopted eff. 9-1-1851 * CONST VIII Sec. 2 STATE MAY INCUR DEBTS FOR DEFENSE OR TO RETIRE OUTSTANDING DEBT In addition to the above limited power, the state may contract debts to repel invasion, suppress insurrection, defend the state in war, or to redeem the present outstanding indebtedness of the state; but the money, arising from the contracting of such debts, shall be applied to the purpose for which it was raised, or to repay such debts, and to no other purpose whatever; and all debts, incurred to redeem the present outstanding indebtedness of the state, shall be so contracted as to be payable by the sinking fund, hereinafter provided for, as the same shall accumulate. RELATED TERMS DEBTS, PUBLIC; FUNDS, PUBLIC; INSURRECTIONS; INVASIONS; SINKING FUNDS, STATE; WARS HISTORY: 1851 constitutional convention, adopted eff. 9-1-1851 * CONST VIII Sec. 2A ADJUSTED COMPENSATION LAW-- REPEALED
HISTORY: 125 v 1094, eff. 11-3-53 109 v 620, adopted eff. 11-8-21 * CONST VIII Sec. 2B WORLD WAR II VETERANS' BONUSES The board of commissioners created by section 8 of Article VIII of the Constitution of the state of Ohio, designated therein "The Commissioners of the Sinking Fund", shall, forthwith upon the adoption of this amendment, proceed to issue and sell, from time to time, bonds of the state of Ohio in such amounts of face value as it may deem necessary to provide the funds, or such part thereof, as may be required to pay the compensation and the expenses of administering this section as herein provided for, provided, however, that the aggregate total amount of face value of bonds so issued shall not exceed three hundred million dollars. The full faith and credit of the state of Ohio is hereby pledged for the payment of such bonds. All bonds so issued shall mature in thirty semi-annual installments after the respective dates thereof, and the maturities thereof shall be so fixed that the total amounts of payments on account of principal and interest to be paid on each of such semi- annual installment payment dates shall be approximately equal, but no such bonds shall be issued or bear dates later than the first day of April, 1951. All bonds so issued shall bear interest at such rates as The Commissioners of the Sinking Fund may fix, which interest shall be payable semi-annually. Such bonds, and the interest thereon as income, shall be exempt from all taxes levied by the state of Ohio or any taxing district thereof. The bonds may, at the option of the Sinking Fund Commission, be issued subject to call on any interest payment date at par and accrued interest. All sales of such bonds by The Commissioners of the Sinking Fund shall be in accordance with such regulations as it shall make and promulgate, provided, however, that such bonds shall be sold only to the highest bidder or bidders therefor after notice of such sale shall have been published once each week for three consecutive weeks on the same day of each of such weeks, the first of such notices being published at least twenty-one full days before the date of sale, in a newspaper of general circulation in each of the eight most populous counties in the state of Ohio, and provided that each of such published notices shall state the day, hour and place of the sale, the total face value of the bonds to be sold, their denominations, dates, and the dates of their maturities, information relative to the rates of interest which the bonds will bear, and the dates upon which interest will be payable. The Commissioners of the Sinking Fund shall have the right to reject any or all bids and to re-advertise and re-offer bonds for sale. Out of the proceeds of the sale of all bonds that amount which represents accrued interest, if any, shall be paid into the treasury of the state of Ohio into a fund to be known as the World War II Compensation Bond Retirement Fund. The balance shall be paid into the treasury of the state of Ohio into a fund to be known as the World War II Compensation Fund. The General Assembly of the state of Ohio may appropriate and cause to be paid into the World War II Compensation Bond Retirement Fund or the World War II Compensation Fund, out of the funds in the treasury of the state not otherwise appropriated, such amounts as it may deem proper for use upon order of The Commissioners of the Sinking Fund for the purposes for which such funds are created as herein provided. If the General Assembly should so appropriate any funds to the World War II Compensation Fund prior to the time The Commissioners of the Sinking Fund shall have issued bonds of the aggregate total amount of face value authorized in this section, the aggregate total amount of face value of bonds so authorized to be issued shall be reduced by the amount of the funds so appropriated. During the period of fifteen years beginning January 1, 1949, the treasurer of state of the state of Ohio shall, without appropriation thereof by the General Assembly, transfer into said World War II Compensation Bond Retirement Fund one million dollars each month out of funds in the state treasury derived from taxes levied by the state for the purpose of providing revenues to defray the expenses of the state, excepting the taxes levied by the state by sections 5527, 5541, and 6291 of the General Code of Ohio as the same may be in effect on the effective date of this section. To secure such monthly transfer of funds a lien is hereby created upon all funds coming into the state treasury after January 1, 1949, derived from taxes as aforesaid, which lien shall be the first and best lien upon all such funds. It shall be the duty of the treasurer of state to set aside and use for the purpose of making such monthly transfer of funds, part of each dollar received in the state treasury in each calendar year during said period of fifteen years beginning January 1, 1949, derived from taxes as aforesaid, so that the total amount of money so set aside in each of such calendar years shall be twelve million dollars, and so that the ratio which the amount of each dollar so set aside shall bear to one dollar shall be the same as the ratio which the amount of twelve million dollars shall bear to the total amount of money received in the state treasury in such calendar years derived from taxes as aforesaid. The treasurer of state shall set aside such part of each such dollar before paying out, transferring, or disposing of in any other manner, such dollar or any part thereof for any other purpose whatsoever, and he shall make the transfer of one million dollars each month to the World War II Compensation Bond Retirement Fund, hereinabove provided for, out of said sum of twelve million dollars so set aside in each of such calendar years. The Commissioners of the Sinking Fund shall, on or before the first day of July in each calendar year, levy and certify to the auditor of the state of Ohio a state tax on all taxable property subject to taxation on the general tax lists of all counties in the state of Ohio for such year at such rate as it shall determine to be necessary to provide, together with other money which will be available in the World War II Compensation Bond Retirement Fund, the total amount of funds which will be required in the next following calendar year for the retirement of bonds and the payment of interest payable in such year. Such levy shall be in addition to all other taxes levied now or hereafter within the period during which bonds issued pursuant to the provisions of this section shall be outstanding, by or pursuant to law or any provision of the Constitution of the state of Ohio, and shall not be considered in applying any limitation or aggregate tax rates now or hereafter within the period during which bonds issued pursuant to the provisions of this section shall be outstanding, provided by or pursuant to law or any provision of the Constitution of the state of Ohio. The auditor of state shall certify such levies to the auditor of each county in the state of Ohio, who shall extend the same on the tax lists of his county for the year in which such levy is made and shall place same for collection on the tax duplicates of his county to be collected at the same time and in the same manner as other taxes on such duplicates. Said taxes herein authorized, when collected, shall be paid into the World War II Compensation Bond Retirement Fund in the treasury of the state. The World War II Compensation Bond Retirement Fund shall be paid out, without appropriation thereof by the General Assembly of Ohio, upon the order of The Commissioners of the Sinking Fund for the purpose of the payment, or retirement in other manner, of said bonds and interest thereon. The World War II Compensation Fund shall be paid out upon order of The Commissioners of the Sinking Fund, without appropriation by the General Assembly of Ohio, in payment of the expenses of administering this section, and as compensation as follows: every person who shall have served in active duty in the armed forces of the United States at any time between December 7, 1941, and September 2, 1945, both dates inclusive, and who, at the time of commencing such service, was and had been a resident of the state of Ohio for at least one year immediately preceding the commencement of such service, and who shall have been separated from such service under honorable conditions, or who is still in such service, or who has been retired, and who was in such service for a period of at least ninety days, shall be entitled to receive compensation of ten dollars for each month during which such person was in active domestic service and fifteen dollars for each month during which such person was in active foreign service within said period of time; provided, however, that any person who was serving in active duty in the armed forces of the United States on the seventh day of December, 1941, and who did not so serve at least ninety days thereafter because of a service-connected injury or death shall be deemed to have served at least ninety days within the period of time commencing December 7, 1941 and ending September 2, 1945; and provided, further, that the maximum amount of compensation payable under this section shall not be in excess of four hundred dollars; and provided, further, that no compensation shall be paid under this section to any person who shall have received from another state a bonus or compensation of a like nature as is provided under this section. No compensation shall be paid under this section to any person for any periods of time spent under penal confinement during the period of active duty. Compensation for a fraction of a month of service shall be paid on the basis of one-thirtieth of the above monthly amounts for each day of such service. Service in the merchant marine of the United States shall not be considered for the purpose of this section. "Domestic service" as used herein means service within the continental limits of the United States (excluding Alaska). "Foreign service" as used herein means service in all other places, including sea duty. Either the surviving husband or wife, or the surviving child or children, or the surviving parents or parent, of a deceased person shall be paid the same amount of compensation that such deceased person would be entitled to receive under this section, if living; provided, however, that if such deceased person's death was service-connected and in line of duty, his survivors as hereinbefore designated, shall be paid four hundred dollars regardless of the amount of compensation which such deceased person would be entitled to receive under this section, if living; provided further, that the amount of compensation payable to such survivors of such deceased person shall be payable only to one of the three groups of survivors hereinbefore designated in the order in which said groups are herein named; and provided further, that the surviving husband or wife of more than one deceased person who would be entitled to receive compensation under this section, if living, shall be paid only that amount of compensation payable by reason of the first of the deaths of such deceased persons. No sale or assignment of any right or claim to compensation under this section shall be valid, no claims of creditors shall be enforceable against rights or claims to or payments of compensation under this section, and no fees shall be charged for services in connection with the prosecution of any right or claim to compensation or the collection of any compensation under this section. The Commissioners of the Sinking Fund shall have complete charge of making payments of the compensation provided for in this section and shall adopt and promulgate regulations governing their procedure in connection therewith, including determinations as to who are proper beneficiaries and the amounts to which such beneficiaries are entitled, determinations as to whether an applicant has the necessary residence requirements, and such other regulations as it may deem necessary and proper; provided, however, that all applications for payment of compensation under this section shall be made to The Commissioners of the Sinking Fund before July 1, 1950. The Commissioners of the Sinking Fund shall select and appoint such legal counsel and employees as it may deem necessary, fix their compensation and prescribe their duties, and all such appointees shall serve at its pleasure. The people of the state of Ohio declare that their enactment of this special amendment of the Constitution of the state of Ohio is to meet the specific emergency covered thereby, and they declare it to be their intention to in no manner affect or change any of the existing provisions of the said Constitution except as herein set forth. The provisions of this section shall be self executing. Upon the retirement of all of the bonds that may be issued hereunder and the payment of all valid claims for compensation made within the limitations of time as prescribed herein, The Commissioners of the Sinking Fund shall make a final report to the General Assembly of Ohio, and any balance remaining in any of the funds herein created and referred to shall be disposed of as shall be provided by law. HISTORY: 122 v 768, adopted eff. 11-4-47 * CONST VIII Sec. 2C IMPROVEMENT OF STATE HIGHWAY SYSTEM The state may contract debts not exceeding five hundred million dollars for the purpose of providing moneys for acquisition of rights-of-way and for construction and reconstruction of highways on the state highway system. Not more than one hundred twenty- five million dollars of the debt authorized by this section shall be contracted within any calendar year, and no part of such debt shall be contracted after the thirty-first day of March, 1962. The principal amount of any part of such debt at any time contracted shall be paid in substantially equal semi-annual or annual installments, beginning not later than eighteen months after such debt is contracted, and in such number of installments that the entire debt shall be discharged not later than the year 1972. Securities evidencing the debt authorized by this section shall bear interest and shall be sold upon such terms as may be prescribed by law. Both the principal of such debt and the interest thereon shall be exempt from taxation by this state or by any taxing subdivision thereof. Moneys raised under the authority of this section shall be expended only to provide adequate highways, including the acquisition of rights-of-way and including participation therein with the federal government, municipal corporations, counties and other legally authorized participants, but excluding the costs of planning and supervision by the state. All construction shall be done by contract as shall be provided by law. No part of such proceeds shall be appropriated except to meet the requirements of programs or schedules of acquisition of rights-of-way, highway construction and reconstruction which the Governor, or other highway authority with the concurrence of the Governor, shall submit to the General Assembly before such appropriations are made. Such appropriations shall be made only for major thoroughfares of the state highway system and urban extensions thereof. The debt contracted under the authority of this section shall be paid by revenue bonds issued by the state of Ohio as provided by law, secured by a pledge of moneys derived from fees, excises or license taxes, levied by the state of Ohio, relating to registration, operation, or use of vehicles on public highways, or to fuels used for propelling such vehicles, and a sufficient amount thereof shall be set aside each year, before any other distribution is made, to pay the interest on the outstanding debt and principal of such debt becoming due in that year, without other appropriations, but according to regulations to be established by law. The General Assembly shall meet on the second Monday in January, 1954, for the sole purpose of enacting laws pursuant to this section. HISTORY: 125 v 1082, adopted eff. 11-3-53 * CONST VIII Sec. 2D KOREAN WAR VETERANS' BONUSES The board of commissioners created by section 8 of Article VIII of the Ohio Constitution, designated therein "The Commissioners of the Sinking Fund," shall, forthwith upon the adoption of this amendment, proceed to issue and sell, from time to time, bonds of the state of Ohio in such amounts of face value as are necessary to provide the funds, or such part thereof, as may be required to pay the compensation and the expenses of administering this section as herein provided for, provided that the aggregate total amount of face value of bonds so issued shall not exceed ninety million dollars. The full faith and credit of the state of Ohio is hereby pledged for the payment of such bonds. All bonds so issued shall mature in thirty semiannual installments commencing not later than two years after the respective dates thereof. The maturities thereof shall be so fixed that the total amounts of payments on account of principal and interest to be paid on each of such semiannual installment payment dates shall be substantially equal. No such bonds shall be issued or bear dates later than the first day of April, 1959. All bonds so issued shall bear interest at such rates as the commissioners of the sinking fund may fix, which interest shall be payable semiannually. Such bonds, and the interest thereon as income, shall be exempt from all taxes levied by the state of Ohio or any taxing district thereof. The bonds may, at the option of The Commissioners of the Sinking Fund, be issued subject to call on any interest payment date at par and accrued interest. All sales of such bonds by The Commissioners of the Sinking Fund shall be in accordance with such regulations as it shall make and promulgate, provided that such bonds shall be sold only to the highest bidder or bidders therefor after notice of such sale shall have been published once each week for three consecutive weeks on the same day of each of such weeks, the first of such notices being published at least twenty-one full days before the date of sale, in a newspaper of general circulation in each of the eight most populous counties in the state of Ohio, and provided that each of such published notices shall state the day, hour and place of the sale, the total face value of the bonds to be sold, their denominations, dates, and the dates of their maturities, information relative to the rates of interest which the bonds will bear, and the dates upon which interest will be payable. The Commissioners of the Sinking Fund shall have the right to reject any or all bids and to re-advertise and re-offer bonds for sale. Out of the proceeds of the sale of all bonds that amount which represents accrued interest, if any, shall be paid into the treasury of the state of Ohio into a fund to be known as The Korean Conflict Compensation Bond Retirement Fund. The balance shall be paid into the treasury of the state of Ohio into a fund to be known as The Korean Conflict Compensation Fund. The General Assembly of the state of Ohio may appropriate and cause to be paid into The Korean Conflict Compensation Bond Retirement Fund or The Korean Conflict Compensation Fund, out of the funds in the treasury of the state not otherwise appropriated, such amount as is proper for use upon order of The Commissioners of the Sinking Fund for the purposes for which such funds are created as herein provided. If the General Assembly should so appropriate any funds to The Korean Conflict Compensation Fund prior to the time The Commissioners of the Sinking Fund shall have issued bonds of the aggregate total amount of face value authorized in this section, the aggregate total amount of face value of bonds so authorized to be issued shall be reduced by the amount of the funds so appropriated. The Commissioners of the Sinking Fund shall, on or before the first day of July in each calendar year, levy and certify to the auditor of the state of Ohio a state tax on all taxable property subject to taxation on the general tax lists of all counties in the state of Ohio for such year at such rate as it shall determine to be necessary to provide, together with other money which will be available in The Korean Conflict Compensation Bond Retirement Fund, the total amount of funds which will be required in the next following calendar year for the retirement of bonds and the payment of interest payable in such year. Such levy shall be in addition to all other taxes levied now or hereafter within the period during which bonds issued pursuant to the provisions of this section shall be outstanding, by or pursuant to law or any provision of the Ohio constitution, and shall not be considered in applying any limitation or aggregate tax rates now or hereafter within the period during which bonds issued pursuant to the provisions of this section shall be outstanding, provided by or pursuant to law or any provision of the Ohio constitution. The auditor of state shall certify such levies to the auditor of each county in the state of Ohio, who shall extend the same on the tax lists of his county for the year in which such levy is made and shall place the same for collection on the tax duplicates of his county to be collected at the same time and in the same manner as other taxes on such duplicates. Said taxes herein authorized, when collected, shall be paid into The Korean Conflict Compensation Bond Retirement Fund in the treasury of the state. The Korean Conflict Compensation Bond Retirement Fund shall be paid out, without appropriation thereof by the General Assembly of Ohio, upon the order of The Commissioners of the Sinking Fund for the purpose of the payment, or retirement in other manner, of said bonds and interest thereon. The Korean Conflict Compensation Fund shall be paid out upon order of The Commissioners of the Sinking Fund, without appropriation by the General Assembly of Ohio, in payment of the expenses of administering this section, and as compensation as follows: Every person who shall have served on active duty in the armed forces of the United States at any time between June 25, 1950, and July 19, 1953, both dates inclusive, and who, at the time of commencing such service, was and had been a resident of the state of Ohio for at least one year immediately preceding the commencement of such service, and (1) who shall have been separated from such service under honorable conditions, or (2) who is still in such service, or (3) who has been retired, shall be entitled to receive compensation of ten dollars for each month during which such person was in active domestic service and of fifteen dollars for each month during which such person was in active foreign service within said period of time; provided that the maximum amount of compensation payable under this section shall not be in excess of four hundred dollars; and provided that no compensation shall be paid under this section to any person who shall have received from another state a bonus or compensation of a like nature as is provided under this section. Compensation for a fraction of a month of service shall be paid on the basis of one- thirtieth of the above monthly amounts for each day of such service. Service in the Merchant Marine of the United States shall not be considered for the purpose of this section. "Domestic service" as used herein, means service within the continental limits of the United States excluding Alaska and sea duty. "Foreign service" as used herein means service in all other places, including sea duty. No compensation shall be paid under this section to any person for any periods of time spent under penal confinement during the period of active duty. Either the surviving husband or wife, or the surviving child or children, or the surviving parents or parent, including persons standing in loco parentis for one year preceding commencement of service in the armed forces of the United States, of a deceased person shall be paid the same amount of compensation that such deceased person would have been entitled to receive under this section, if living; provided that if such deceased person's death is determined to have been service- connected by the Veterans Administration of the United States government, his survivors as herein designated, shall be entitled to four hundred dollars regardless of the amount of compensation which such deceased person would have been entitled to receive under this section, if living; provided that the amount of compensation payable to such survivors of such deceased person shall be payable only to one of the three groups of survivors herein designated in the order in which said groups are named. No sale or assignment of any right or claim to compensation under this section shall be valid, no claims of creditors shall be enforceable against rights or claims to or payments of compensation under this section, and no fees shall be charged for services in connection with the prosecution of any right or claim to compensation or the collection of any compensation under this section. The Commissioners of the Sinking Fund shall have complete charge of making payments of the compensation provided for in this section and shall adopt and promulgate regulations governing their procedure in connection therewith, including determinations as to who are proper beneficiaries and the amounts to which such beneficiaries are entitled, determinations as to whether an applicant has the necessary residence requirements, and such other regulations that are necessary and proper; provided that all applications for payment of compensation under this section shall be made to the commissioners of the sinking fund before January 1, 1959. The Commissioners of the Sinking Fund shall select and appoint such legal counsel and employees that are necessary, fix their compensation and prescribe their duties, and all such appointees shall serve at its pleasure. The Commissioners of the Sinking Fund shall permit review of individual records of claims by representatives of recognized veterans organizations when authorized to do so by the applicant. There is hereby transferred, out of the fund known as the "World War II Compensation Fund," created by section 2b of Article VIII of the Ohio Constitution, the sum of four million dollars, to The Korean Conflict Compensation Fund, for the purpose of defraying the immediate cost of administration and compensation. The people of the state of Ohio declare that their enactment of this special amendment of the Ohio Constitution is to meet the specific emergency covered thereby, and they declare it to be their intention to in no manner affect or change any of the existing provisions of the said constitution except as herein set forth. The provisions of this section shall be self executing. Upon payment of all valid claims for compensation made within the limitation of time as prescribed herein, The Commissioners of the Sinking Fund may transfer any funds in The Korean Conflict Compensation Fund to The Korean Conflict Compensation Bond Retirement Fund. Upon retirement of all of the bonds that may be issued hereunder and the payment of all valid claims for compensation made within the limitations of time as prescribed herein, The Commissioners of the Sinking Fund shall make a final report to the General Assembly of Ohio, and any balance remaining in any of the funds herein created and referred to shall be disposed of as shall be provided by law. HISTORY: 126 v 1183, adopted eff. 11-6-56 * CONST VIII Sec. 2E CAPITAL IMPROVEMENTS PROGRAM The state may borrow money and issue bonds or other obligations therefor for the purpose of acquiring, constructing, reconstructing and otherwise improving and equipping buildings and structures, excluding highways, and for the purpose of acquiring sites for such buildings and structures, for the penal, correctional, mental, and welfare institutions of the state; for the state supported universities and colleges of the state; for class room facilities to be leased or sold by the state to public school districts unable within limitations provided by law to provide adequate facilities without assistance from the state; and for state offices; provided that the aggregate total amount of such borrowing under authority of this section shall not exceed $150,000,000. Not more than thirty million dollars of such borrowing shall be contracted within any calendar year. No part of such borrowing shall be contracted after the last day of December 1964. All bonds or other obligations issued pursuant to this section shall mature within twenty years from date of issue. Not more than $75,000,000 of the total expenditure from such borrowing shall be for acquisition, construction, reconstruction and other improvement and equipping of buildings and structures, or for acquisition of sites for such buildings and structures, for the state supported universities and colleges, public school class room facilities and state offices; and not more than $75,000,000 of the total expenditure from such borrowing shall be for acquisition, construction, reconstruction and other improvement and equipping of buildings and structures, or for acquisition of sites for such buildings and structures, for the penal, correctional, mental, and welfare institutions of the state. The faith and credit of the state are hereby pledged for the payment of such bonds or other obligations and the interest thereon, and they shall be payable from all excises and taxes of the state, except ad valorem taxes on real and personal property, income taxes, and fees, excises, or license taxes relating to registration, operation, or use of vehicles on public highways, or to fuels used for propelling such vehicles. During the period beginning with the effective date of the first authorization to issue bonds or other obligations under authority of this section and ending on the last day of December 1964, and continuing during such time as such bonds or other obligations are outstanding, and moneys in the capital improvements bond retirement fund are insufficient to pay all interest, principal and charges for the issuance and retirement of such bonds and other obligations, there shall be levied, for the purpose of paying interest, principal, and charges for the issuance and retirement of such bonds and other obligations, an excise tax on sales of cigarettes at the rate of one-half cent on each ten cigarettes or fractional part thereof, and an excise tax on the use, consumption, or storage for consumption of cigarettes by consumers in this state at the rate of one-half cent on each ten cigarettes or fractional part thereof. Such tax on the use, consumption, or storage for consumption of cigarettes by consumers in this state shall not be levied upon cigarettes upon which the tax on sales has been paid. The moneys received into the state treasury from the one-half cent excise tax on sales of cigarettes and from the one-half cent excise tax on the use, consumption, or storage for consumption of cigarettes by consumers in this state shall be paid into the capital improvements bond retirement fund. The general assembly of Ohio shall enact laws providing for the collection of such taxes. There is hereby created in the state treasury a fund to be known as the capital improvements bond retirement fund. The capital improvements bond retirement fund shall consist of all moneys received by the state from taxes on cigarettes levied under authority of this section, and all other moneys credited to the fund pursuant to law. Such moneys shall be expended, as provided by law, for the purpose of paying interest, principal, and charges for the issuance and retirement of bonds and other obligations issued under authority of this section. Sufficient amounts of such moneys in the capital improvements bond retirement fund are hereby appropriated for the purpose of paying interest, principal, and charges for the issuance and retirement of bonds or other obligations issued under authority of this section, without other appropriations but according to law. Any balance remaining in the capital improvements bond retirement fund after payment of all interest, principal, and charges for the issuance and retirement of bonds and other obligations issued under authority of this section, shall be disposed of as shall be provided by law. As long as any of such bonds or other obligations are outstanding there shall be levied and collected, in amounts sufficient to pay the principal of and the interest on such bonds or other obligations, excises and taxes, excluding those above excepted. The general assembly shall meet on the third Monday of January, 1956 for the purpose of enacting laws pursuant to this section. HISTORY: 126 v 1204, adopted eff. 11-8-55 * CONST VIII Sec. 2F LONG-RANGE FINANCING OF PUBLIC WORKS In addition to the authorization in Article VIII, Section 2e, the state may borrow not to exceed two hundred fifty million dollars and issue bonds or other obligations therefor, for the purpose of acquiring, constructing, reconstructing, and otherwise improving and equipping buildings and structures, excluding highways; and for the purpose of acquiring lands and interests in lands for sites for such buildings and structures; and, for the purpose of assisting in the development of the State, to acquire lands and interests in lands and to develop such lands and interests or other state lands for water impoundment sites, park and recreational uses, and conservation of natural resources; and for use in conjunction with federal grants or loans for any of such purposes. Of said amount, for the purpose of acquiring, constructing, reconstructing, and otherwise improving and equipping buildings and structures, excluding highways, and for the purpose of acquiring lands and interests in lands for sites for such buildings and structures, one hundred seventy-five million dollars shall be issued for the state supported or assisted colleges or universities including community colleges, municipal universities, and university branches, thirty- five million dollars shall be issued for providing classroom facilities for the public schools to be leased or sold by the State to public school districts unable, within the limitations provided by law, to provide adequate facilities without assistance from the state, and fifteen million dollars shall be issued for state functions, activities, offices, institutions, including penal, correctional, mental, and welfare, and research and development; and for the purpose of assisting in the development of the state by acquiring lands and interests in lands and to develop such lands and interests or other state lands for water impoundment sites, park and recreational uses, and conservation of natural resources twenty-five million dollars shall be issued. Not more than one hundred million dollars of such borrowing shall be contracted within any calendar year. No part of such borrowing shall be contracted after the thirty-first day of December, 1972. All bonds or other obligations issued pursuant to this section shall mature at such time or times not exceeding thirty years from date of issue and in such amounts as shall be fixed by the commissioners of the sinking fund, and shall bear interest and be sold as shall be authorized by law. Both the principal of such debt and the interest thereon shall be exempt from taxation within this state. The faith and credit of the state are hereby pledged for the payment of such bonds or other obligations, and the interest thereon. They shall be payable from all excises and taxes of the state except ad valorem taxes on real and personal property, income taxes, and fees, excises or license taxes relating to registration, operation, or use of vehicles on public highways or to fuels used for propelling such vehicles. The excises and taxes of the state from which such bonds and other obligations shall be paid shall include an excise tax on sales of cigarettes at the rate of one- half cent on each ten cigarettes or fractional part thereof, and an excise tax on the use, consumption, or storage for consumption of cigarettes by consumers in this state, at the rate of one-half cent on each ten cigarettes or fractional part thereof, which shall be levied during the period beginning with January 1, 1965, and continuing until December 31, 1972, and thereafter as long as any of such bonds and other obligations are outstanding and moneys in the separate and distinct bond retirement fund hereinafter created are insufficient to pay all interest, principal, and charges for the issuance and retirement of such bonds and other obligations. Such tax on the use, consumption, or storage for consumption of cigarettes by consumers in this state shall not be levied upon cigarettes upon which the tax on sales has been paid. The General Assembly of the State of Ohio shall enact laws providing for the collection of such taxes. The moneys received into the state treasury from such one-half cent excise tax on sales of cigarettes and from such one-half cent excise tax on the use, consumption, or storage for consumption of cigarettes by consumers in this state shall be paid into a separate and distinct bond retirement fund hereby created. There shall be transferred in each year from said bond retirement fund to the capital improvements bond retirement fund created by Article VIII, Section 2e of the Constitution of the State of Ohio, from the proceeds of the levy of such excise taxes on cigarettes, such amounts as may be necessary for the payment in such year of the interest, principal, and charges of the bonds or other obligations issued pursuant to said Article VIII, Section 2e falling due in such year, to the extent that moneys in said capital improvements bond retirement fund in such year are insufficient to pay such interest, principal, and charges. The excise taxes on the sale, use, consumption or storage of cigarettes authorized to be levied by Article VIII, Section 2e of the Constitution of the State of Ohio for the payment of bonds and other obligations issued under authority of that section shall not be levied during any period that they are not required to be levied by Article VIII, Section 2e of the Constitution of the State of Ohio. Sufficient amounts of such moneys remaining in said separate and distinct bond retirement fund created by this section, after such transfers, are hereby appropriated for the purpose of paying interest, principal, and charges for the issuance and retirement of bonds and other obligations issued under authority of this section, without other appropriations but according to law. In the event the moneys in the separate and distinct bond retirement fund created by this section are at any time insufficient to pay the current interest, principal, and charges for the issuance and retirement of bonds and other obligations issued under authority of this section, then such moneys as may be required to pay such current interest, principal, and charges are hereby appropriated for those purposes, without other appropriations but according to law, from the proceeds of all excises and taxes excluding those above excepted. Provision may be made by law for the transfer and the use of any amount in said separate and distinct bond retirement fund in excess of that required in any year for payment of interest, principal, and charges for the issuance and retirement of bonds and other obligations issued under authority of said Article VIII, Section 2e and this section. Any balance remaining in the separate and distinct bond retirement fund created by this section after payment of all interest, principal, and charges for the issuance and retirement of bonds or other obligations issued under authority of this section shall be disposed of for the purposes enumerated in this section as may be provided by law. As long as any of such bonds or other obligations are outstanding there shall be levied and collected in amounts sufficient to pay the principal of and interest on such bonds or other obligations, excises and taxes, excluding those above excepted. HISTORY: 130 SJR 46, adopted eff. 11-5-63 * CONST VIII Sec. 2G IMPROVEMENTS IN STATE HIGHWAYS AND URBAN EXTENSIONS The state may contract debts not exceeding five hundred million dollars for the purpose of providing moneys for acquisition of rights-of-way and for construction and reconstruction of highways on the state highway system and urban extensions thereof. The principal amount of any part of such debt at any time contracted shall be paid at such time or times and in such amounts as shall be fixed by the Commissioners of the Sinking Fund provided that the entire debt shall be discharged not later than the year 1989. The bonds or other obligations evidencing the debt authorized by this section shall bear interest and shall be sold upon such terms as may be prescribed by law. Both the principal of such debt and the interest thereon shall be exempt from taxation within this state. Moneys raised under the authority of this section shall be expended only to provide adequate highways, including engineering and the acquisition of rights-of-way and including participation therein with the federal government, municipal corporations, counties and other legally authorized participants. All construction shall be done by contract as shall be provided by law. No part of such proceeds shall be appropriated except to meet the requirements of programs or schedules or acquisition of rights-of-way, highway construction and reconstruction which the governor, or other highway authority designated by law, with the concurrence of the governor, shall submit to the general assembly before such appropriations are made. Such appropriations shall be made only for major thoroughfares of the state highway system and urban extension thereof. The debt contracted under the authority of this section shall be evidenced by bonds or other obligations issued by the State of Ohio as provided by law. The faith and credit of the state are hereby pledged for the payment thereof and the interest thereon. Such bonds or other obligations shall be paid from moneys derived from fees, excises, or license taxes, levied by the State of Ohio, relating to registration, operation, or use of vehicles on public highways, or to fuels used for propelling such vehicles, and a sufficient amount thereof, after provision for the amounts required by Article VIII, Section 2c of the Constitution of the State of Ohio for obligations issued pursuant to that section, is hereby appropriated in each year for the purpose of paying the interest on the outstanding debt and the principal of such debt contracted under authority of this section becoming due in that year, without other appropriations, but according to regulations to be established by law. Provision may be made by law for the transfer and the use of any amount of such moneys in excess of that required, in any year, for the payment of interest on and the principal of such debt contracted under authority of this section and said section 2c. HISTORY: 130 v SJR 52, adopted eff. 5-5-64 * CONST VIII Sec. 2H STATE DEVELOPMENT The State may, from time to time, borrow not to exceed two hundred ninety million dollars and issue bonds or other obligations thereof for any one or more of the following purposes: acquiring, constructing, reconstructing or otherwise improving and equipping buildings and structures of the state and state supported and assisted institutions of higher education, including those for research and development; acquiring lands and interests in lands for sites for such buildings and structures; assisting in the development of the State, to acquire and develop lands and interests in lands and develop other state lands for water impoundment sites, flood control, parks and recreational uses, or conservation of natural resources; to develop state parks and recreational facilities including the construction, reconstruction, and improvement of roads and highways therein; to assist the political subdivisions of the state to finance the cost of constructing and extending water and sewerage lines and mains; for use in conjunction with Federal grants or loans for any of such purposes; and for use in conjunction with other governmental entities in acquiring, constructing, reconstructing, improving, and equipping water pipelines, stream flow improvements, airports, historical or educational facilities. The aggregate total amount of such borrowing outstanding under authority of this section shall not, at any time, exceed such sum as will require, during any calendar year, more than $20,000,000 to meet the principal and interest requirements of any such bonds and other obligations, and the charges for the issuance and retirement of such bonds and other obligations, falling due that year. No part of such borrowing shall be contracted after the last day of December, 1970. All bonds or other obligations issued pursuant to this section shall mature within thirty years from the date of issue. The faith and credit of the state are hereby pledged for the payment of such bonds or other obligations or the interest thereon, and they shall be payable from all excises and taxes of the state, except ad valorem taxes on real and personal property, income taxes, and fees, excises or license taxes relating to the registration, operation, or use of vehicles on the public highways, or to fuels used for propelling such vehicles, after making provision for payment of amounts pledged from such excises and taxes for payment of bonds issued under authority of Sections 2e and 2f of this Article. During the period beginning with the effective date of the first authorization to issue bonds or other obligations under authority of this section and continuing during such time as such bonds or other obligations are outstanding, and so long as moneys in the Development Bond Retirement Fund are insufficient to pay all interest, principal and charges of such bonds or other obligations issued under authority of this section and becoming due in each year, a sufficient amount of moneys derived from such excises and taxes of the state is hereby appropriated in each year for the purpose of paying the interest, principal and charges for the issuance and retirement of bonds or other obligations issued under authority of this section becoming due in that year without other appropriation but according to law. The moneys derived from such excises and taxes and hereby appropriated shall be paid into a distinct bond retirement fund designated "Development Bond Retirement Fund," hereby created. Such moneys shall be expended as provided by law for the purpose of paying interest, principal and charges for the issuance and retirement of bonds and other obligations issued under authority of this section. Sufficient amounts of such moneys in the Development Bond Retirement Fund are hereby appropriated for the purpose of paying interest, principal and charges for the issuance and retirement of bonds or other obligations issued under authority of this section, so long as any of them are outstanding, without other appropriations but according to law. Any balance remaining in the Development Bond Retirement Fund after payment of all interest, principal and charges for the issuance and retirement of bonds and other obligations issued under authority of this section, shall be disposed of as shall be provided by law. As long as any of such bonds or other obligations are outstanding there shall be levied and collected, in amounts sufficient to pay the principal of and the interest on such bonds or other obligations, excises and taxes, excluding those above excepted. HISTORY: 130 (special session) v Pt 2, SJR 2, adopted eff. 5-4-65 * CONST VIII Sec. 2I CAPITAL IMPROVEMENTS In addition to the authorization otherwise contained in Article VIII of the Ohio Constitution, the general assembly, in accordance with but subject to the limitations of this section, may authorize the issuance of obligations, including bonds and notes, of the state or of state institutions, boards, commissions, authorities, or other state agencies or instrumentalities for any one or more of the following public capital improvements: the construction, reconstruction, or other improvement of highways, including those on the state highway system and urban extensions thereof, those within or leading to public parks or recreational areas, and those within or leading to municipal corporations, the acquisition, construction, reconstruction, or other improvement of, and provision of equipment for, buildings, structures, or other improvements, and necessary planning and engineering, for water pollution control and abatement, including those for sewage collection, treatment, or disposal, water management, including those for water distribution, collection, supply, storage, or impoundment, and stream flow control, and flood control, state supported or assisted institutions of higher education, technical education, vocational education, juvenile correction, training and rehabilitation, parks and recreation, research and development with respect to transportation, highways and highway transportation, mental hygiene and retardation, police and fire training, airports, and other state buildings and structures, and the acquisition and improvement of real estate and interests therein required with respect to the foregoing, including participation in any such capital improvements with the federal government, municipal corporations, counties, or other governmental entities or any one or more of them which participation may be by grants, loans or contributions to them for any of such capital improvements. It is hereby determined that such capital improvements will directly or indirectly create jobs, enhance employment opportunities, and improve the economic welfare of the people of the state. The issuance under authority of this section of obligations the holders or owners of which are given the right to have excises and taxes levied by the general assembly for the payment of the principal thereof or interest thereon, herein called tax supported obligations, shall be subject to the following limitations. Not more than one hundred million dollars principal amount may be issued in any calendar year and not more than five hundred million dollars principal amount may be outstanding at any one time for such capital improvements for highways and research and development with respect to highways and highway transportation, herein called highway obligations, provided that fifty per cent of the proceeds of the first five hundred million dollars of such tax supported highway obligations shall be used for urban extensions of state highways and highways within or leading to municipal corporations. Not more than two hundred fifty nine million dollars aggregate principal amount of such tax supported obligations may be issued for the other capital improvements aforesaid, provided that from the proceeds thereof one hundred twenty million dollars shall be used for water pollution control and abatement and water management, one hundred million dollars shall be used for higher education, technical and vocational education, and juvenile correction, training and rehabilitation, twenty million dollars shall be used for parks and recreation, and nineteen million dollars for airports, and for construction, rehabilitation and equipping of other state buildings and structures, including those for police and fire training. If tax supported obligations are issued under authority of this section to retire tax supported obligations previously issued under authority of this section, such new obligations shall not be counted against such limits to the extent that the principal amount thereof does not exceed the principal amount of the obligations to be retired thereby. Each issue of tax supported obligations issued pursuant to this section shall mature in not more than thirty years from the date of issuance thereof, or, if issued to retire obligations issued hereunder, within thirty years from the date such debt was originally contracted. If such tax supported obligations are issued as notes in anticipation of the issuance of bonds, provision shall be made by law for setting aside, so long as such notes are outstanding, into a special fund or funds such amounts from the sources authorized for payment of such bonds under this section as would be sufficient for payment of that amount of principal on such bonds that would have been payable during such period if such bonds, maturing during a period of thirty years, had been issued without prior issuance of such notes. Such fund or funds may be used solely for the payment of principal of such notes or of bonds in anticipation of which such notes have been issued. The faith and credit and excises and taxes of the state, excluding ad valorem taxes on real or personal property and income taxes, shall be pledged to the payment of the principal of and interest on such tax supported obligations, sinking or bond retirement fund provisions shall be made therefor, and this section shall otherwise be implemented, all in the manner and to the extent provided by law by the general assembly, including provisions for appropriation of pledged excises and taxes, and covenants to continue their levy, collection and application, to continue so long as such tax supported obligations are outstanding, without necessity for further appropriation notwithstanding Section 22 of Article II, Ohio Constitution; provided that the moneys referred to in Section 5a of Article XII, Ohio Constitution, herein called highway user receipts, shall, after provision for payment of amounts pledged to obligations heretofore or hereafter issued under Sections 2c and 2g of this Article, be pledged to the payment of the principal of and interest on highway obligations authorized by this section but not to other obligations authorized hereby. If excises and taxes other than highway user receipts are pledged to the payment of the principal of or interest on highway obligations authorized by this section, in each year that such highway user receipts are available for such purpose, the same shall be appropriated thereto and the required application of such other excises and taxes shall be reduced in corresponding amount. The general assembly also may authorize the issuance of revenue obligations and other obligations, the owners or holders of which are not given the right to have excises or taxes levied by the general assembly for the payment of principal thereof or interest thereon, for such capital improvements for mental hygiene and retardation, parks and recreation, state supported and state assisted institutions of higher education, including those for technical education, water pollution control and abatement, water management, and housing of branches and agencies of state government, which obligations shall not be subject to other provisions of this section and shall not be deemed to be debts or bonded indebtedness of the state under other provisions of this Constitution. Such obligations may be secured by a pledge under law, without necessity for further appropriation, of all or such portion as the general assembly authorizes of charges for the treatment or care of mental hygiene and retardation patients, receipts with respect to parks and recreational facilities, receipts of or on behalf of state supported and state assisted institutions of higher education, or other revenues or receipts, specified by law for such purpose, of the state or its officers, departments, divisions, institutions, boards, commissions, authorities, or other state agencies or instrumentalities, and this provision may be implemented by law to better provide therefor; provided, however, that any charges for the treatment or care of mental hygiene or retardation patients may be so pledged only to obligations issued for capital improvements for mental hygiene and retardation, any receipts with respect to parks and recreation may be so pledged only to obligations issued for capital improvements for parks and recreation, any receipts of or on behalf of state supported or state assisted institutions of higher education may be pledged only to obligations issued for capital improvements for state supported or state assisted institutions of higher education, and any other revenues or receipts may be so pledged only to obligations issued for capital improvements which are in whole or in part useful to, constructed by, or financed by the department, board, commission, authority, or other agency or instrumentality that receives the revenues or receipts so pledged. The authority provided by this paragraph is in addition to, cumulative with, and not a limitation upon, the authority of the general assembly under other provisions of this Constitution; such paragraph does not impair any law heretofore enacted by the general assembly, and any obligations issued under any such law consistent with the provisions of this paragraph shall be deemed to be issued under authority of this paragraph. Both the principal of all obligations authorized under authority of this section and the interest thereon shall be exempt from taxation within this state. HISTORY: 132 v SJR 29, adopted eff. 11-5-68 * CONST VIII Sec. 2J VIETNAM WAR VETERANS' BONUSES The board of commissioners created by section 8 of Article VIII of the Ohio Constitution shall, forthwith upon the adoption of this amendment, proceed to issue and sell, from time to time, bonds or notes of the state in such amounts of face value as are necessary to provide the funds, or such part thereof, as may be required to pay the compensation and the expenses of administering this section. The aggregate face value of bonds or notes so issued shall not exceed three hundred million dollars. The full faith and credit of the state is hereby pledged for the payment of such bonds or notes. All bonds or notes so issued shall mature in not more than fifteen years commencing not later than two years after the respective dates thereof. The bonds or notes shall mature according to schedules set forth by the commissioners but shall not mature more than fifteen years after the date of issue. No bonds or notes shall be issued or bear dates later than the first day of April, 1977. All bonds or notes shall bear interest at such rates as the commissioners determine and shall be payable semiannually. Such bonds or notes, and the interest thereon are exempt from all taxes levied by the state or any taxing district thereof. At the option of the commissioners, the bonds or notes may be issued subject to call on any interest payment date at par and accrued interest. All sales of such bonds or notes by the commissioners shall be in accordance with such regulations as the commission adopts and promulgates. Such bonds or notes shall be sold only to the highest bidder or bidders after notice of sale has been published once each week for three consecutive weeks on the same day of each week, the first of such notices being published at least twenty-one full days before the date of sale, in a newspaper of general circulation in each of the eight most populous counties in the state. Notices shall state the day, hour and place of the sale, the total face value of the bonds or notes to be sold, their denominations, dates, and the dates of their maturities, information relative to the rates of interest that the bonds or notes will bear, and the dates upon which interest will be payable. The commissioners may reject any or all bids and re-advertise and re-offer bonds or notes for sale. Out of the proceeds of the sale of all bonds or notes, that amount that represents accrued interest, if any, shall be paid into the state treasury into a fund to be known as the Vietnam Conflict Compensation Bond Retirement Fund, and the balance shall be paid into the state treasury into a fund known as the Vietnam Conflict Compensation Fund. The General Assembly may appropriate and cause to be paid into the Vietnam Conflict Compensation Bond Retirement Fund or the Vietnam Conflict Compensation Fund, out of the funds in the treasury not otherwise appropriated, such amount as is proper for use, upon order of the commissioners for the purposes for which such funds are created. If the General Assembly appropriates any funds to the Vietnam Conflict Compensation Fund prior to the time the commissioners have issued bonds or notes of the aggregate amount of face value authorized in this section, the aggregate amount of face value of bonds or notes so authorized to be issued shall be reduced by the amount of the funds so appropriated. On or before the first day of July in each calendar year, the commissioners shall certify to the auditor of state the total amount of funds it determines is necessary to provide, together with all other money that will be available in the Vietnam Conflict Compensation Bond Retirement Fund, for the retirement of bonds or notes and the payment of interest in the ensuing calendar year. The auditor of state shall transfer from the state general revenue fund to the Vietnam Conflict Compensation Bond Retirement Fund, without appropriation, an amount equal to the amount so certified. The Vietnam Conflict Compensation Bond Retirement Fund shall be paid out without appropriation by the General Assembly, upon the order of the commissioners for the purpose of the payment, or retirement in other manner, of said bonds or notes and interest thereon. The Vietnam conflict compensation fund shall be paid out upon order of the commissioners, without appropriation by the General Assembly, in payment of the expenses of administering this section, and as compensation as follows: every person, except persons ordered to active duty for training only, who has served on active duty in the armed forces of the United States at any time between August 5, 1964 and July 1, 1973, or who has served on active duty in the armed forces of the United States in Vietnam service, and who, at the time of commencing such service, was and had been a resident of the state for at least one year immediately preceding the commencement of such service, and (1) who was separated from such service under honorable conditions, (2) who is still in such service, or (3) who has been retired, is entitled to receive compensation of ten dollars for each month during which such person was in active domestic service during the compensable period, fifteen dollars for each month during which such person was in active foreign service, but not Vietnam service, during the compensable period, and twenty dollars for each month during which such person was in active Vietnam service. The maximum amount of cash payable to any qualified applicant, unless such applicant qualifies for a payment based upon missing in action or prisoner of war status or unless such applicant qualifies for a survivors' payment, is five hundred dollars. No compensation shall be paid under this section to any person who received from another state a bonus or compensation of a like nature or to any person who has not served on active duty in the armed forces of the United States during the compensable period for at least ninety days unless active duty within such compensable period was terminated as a result of injuries or illness sustained in Vietnam service. Compensation for a fraction of a month of service shall be paid on the basis of one-thirtieth of the appropriate monthly amounts for each day of such service. Persons medically discharged or medically retired from service due to combat related disabilities sustained in Vietnam service shall be paid five hundred dollars. Service in the Merchant Marine of the United States shall not be considered for the purpose of this section. As used in this section "domestic service" means service within the territorial limits of the fifty states, excluding sea duty; "foreign service" means service in all other places, excluding Vietnam service; and "Vietnam service" means military service within the Republic of Vietnam during the period between February 28, 1961 through July 1, 1973 or military service in southeast Asia for which hostile fire pay was awarded pursuant to Title 37, Section 310, United States Code, during the period February 28, 1961 through July 1, 1973. No compensation shall be paid under this section to any person for any periods of time spent under penal confinement during the period of active duty. Either the surviving spouse, or the surviving child or children, or the surviving parents, including persons standing in loco parentis for one year preceding commencement of service in the armed forces of the United States, of a deceased person shall be paid the same amount of compensation that the deceased would have been entitled to receive under this section, if living. If such deceased person's death is determined by the Veterans Administration of the United States to have been the result of injuries or illness sustained in Vietnam service his survivors as herein designated, are entitled to one thousand dollars, regardless of the amount of compensation which the deceased would have been entitled to receive under this section, if living. The amount of compensation payable to such survivors shall be payable only to one of the three groups of survivors herein designated in the order in which said groups are named. Every person designated by the United States Department of Defense as missing in action as a result of honorable service or as held in enemy captivity or who is the spouse, or the child, or the parent, including persons standing in loco parentis for one year preceding commencement of service, of a person designated by the Department of Defense as missing in action as a result of honorable service or held in enemy captivity, is entitled to one thousand dollars in lieu of other cash benefits payable under this section. The amount of compensation payable to such claimants for such missing or captive person shall be payable only to one of the groups of claimants herein designated in the order in which said groups are named. No payment to any survivor of a person designated as missing in action as a result of honorable service or held in enemy captivity, while such person is held captive or is missing in action, shall prevent such missing or captive person from claiming and receiving a bonus of an equal amount upon his being released or located. The General Assembly shall provide by law for an educational assistance bonus which may be taken in lieu of the cash bonus by any person who served on active duty in the armed forces of the United States and who qualifies for a cash bonus under this section. The educational assistance bonus shall offer financial assistance at any educational institution deemed appropriate by the General Assembly. Such financial assistance shall be equal to twice the amount of the cash bonus for which such person qualifies under this section. No sale or assignment of any right or claim to compensation under this section shall be valid, no claims of creditors shall be enforceable against rights or claims to or payments of compensation under this section, and no fees shall be charged for services in connection with the prosecution of any right or claim to compensation or the collection of any compensation under this section. The commissioners shall have complete charge of making payments of the compensation provided for in this section and shall adopt and promulgate regulations governing their procedure in connection therewith, including determinations as to who are proper beneficiaries and the amounts to which such beneficiaries are entitled, determinations as to whether an applicant has the necessary residence requirements, and such other regulations that are necessary and proper. All applications for payment of compensation or educational bonuses under this section shall be made to the commissioners before January 1, 1978. The commissioners shall select and appoint such legal counsel and employees as are necessary, fix their compensation and prescribe their duties, and all such appointees shall serve at its pleasure. When practical, the commissioners shall employ Vietnam veterans to fill such positions. The commissioners shall permit review of individual records of claims by representatives of recognized veterans organizations when authorized to do so by the applicant. There is hereby transferred to the Vietnam Conflict Compensation Fund, for the purpose of defraying the immediate cost of administration and compensation, out of the funds known as the "Korean Conflict Compensation Fund" and the "Korean Conflict Compensation Bond Retirement Fund" created by Section 2d of Article VIII of the Ohio Constitution, the balance remaining after provision for payment of all outstanding bonds or notes, coupons, and charges. The people of this state declare it to be their intention to in no manner affect or change any of the existing provisions of the constitution except as herein set forth. The provisions of this section shall be self executing. Upon payment of all valid claims for cash compensation made within the limitations of time as prescribed herein, the commissioners may transfer any funds in the Vietnam Conflict Compensation Fund to the Vietnam Conflict Compensation Bond Retirement Fund. Upon retirement of all of the bonds or notes that may be issued hereunder and the payment of all valid claims for cash compensation made within the limitations of time as prescribed herein, the commissioners of the sinking fund shall make a final report to the general assembly, and any balance remaining in any of the funds herein created and referred to shall be disposed of as shall be provided by law. HISTORY: 1973 HJR 1, adopted eff. 1-1-74 * CONST VIII Sec. 2K LOCAL GOVERNMENT PUBLIC INFRASTRUCTURE CAPITAL IMPROVEMENTS (A) In addition to the authorization otherwise contained in Article VIII of the Ohio Constitution, the general assembly may provide by law, in accordance with but subject to the limitations of this section, for the issuance of bonds and other obligations of the state for the purpose of financing or assisting in the financing of the cost of public infrastructure capital improvements of municipal corporations, counties, townships, and other governmental entities as designated by law. As used in this section, public infrastructure capital improvements shall be limited to roads and bridges, waste water treatment systems, water supply systems, solid waste disposal facilities, and storm water and sanitary collection, storage, and treatment facilities, including real property, interests in real property, facilities, and equipment related or incidental thereto. Capital improvements shall include without limitation the cost of acquisition, construction, reconstruction, expansion, improvement, planning, and equipping. It is hereby determined that such public infrastructure capital improvements are necessary to preserve and expand the public capital infrastructure of such municipal corporations, counties, townships, and other governmental entities, ensure the public health, safety, and welfare, create and preserve jobs, enhance employment opportunities, and improve the economic welfare of the people of this state. (B)(1) Not more than one hundred twenty million dollars principal amount of bonds and other obligations authorized under this section may be issued in any calendar year, provided that the aggregate total principal amount of bonds and other obligations authorized and issued under this section may not exceed one billion two hundred million dollars. Further limitations may be provided by law upon the amount of bonds that may be issued under this section in any year in order that the total debt charges of the state shall not exceed a proportion of general revenue fund expenditures that would adversely affect the credit rating of the state. If obligations are issued under this section to retire or refund obligations previously issued under this section, the new obligations shall not be counted against those calendar year or total issuance limitations to the extent that their principal amount does not exceed the principal amount of the obligations to be retired or refunded. (2) Provision shall be made by law for the use to the extent practicable of Ohio products, materials, services, and labor in the making of any project financed, in whole or in part, under this section. (C) The state may participate in any public infrastructure capital improvement under this section with municipal corporations, counties, townships, or other governmental entities, or any one or more of them. Such participation may be by grants, loans, or contributions to them for any of such capital improvements. The entire proceeds of the bonds shall be used for the public infrastructure capital improvements of municipal corporations, counties, townships, and other governmental entities, except to the extent that the general assembly provides by law that the state may be reasonably compensated from such moneys for planning, financial management, or other administrative services performed in relation to the bond issuance. (D)(1) Each issue of obligations issued under this section shall mature in not more than thirty years from the date of issuance, or, if issued to retire or refund other obligations issued under this section, within thirty years from the date the debt was originally contracted. If obligations are issued as notes in anticipation of the issuance of bonds, provision shall be made by law for the establishment and maintenance, during the period in which the notes are outstanding, of a special fund or funds into which shall be paid, from the sources authorized for the payment of such bonds, the amount that would have been sufficient, if bonds maturing during a period of thirty years had been issued without such prior issuance of notes, to pay the principal that would have been payable on such bonds during such period. Such fund or funds shall be used solely for the payment of principal of such notes or of bonds in anticipation of which such notes have been issued. (2) The obligations issued under this section are general obligations of the state. The full faith and credit, revenue, and taxing power of the state shall be pledged to the payment of the principal of and interest on such obligations as they become due, hereinafter called debt service, and bond retirement fund provisions shall be made for payment of debt service. Provision shall be made by law for the sufficiency and appropriation, for purposes of paying debt service, of excises, taxes, and revenues so pledged to debt service, and for covenants to continue the levy, collection, and application of sufficient excises, taxes, and revenues to the extent needed for such purpose. Notwithstanding Section 22 of Article II, Ohio Constitution, no further act of appropriation shall be necessary for that purpose. The obligations and the provision for the payment of debt service and repayment of any loans hereunder by governmental entities are not subject to Sections 5, 6, and 11 of Article XII, Ohio Constitution. (3) The moneys referred to in Section 5a of Article XII, Ohio Constitution, may not be pledged to the payment of debt service on obligations issued under authority of this section. (4) The obligations issued under authority of this section, the transfer thereof, and the interest and other income therefrom, including any profit made on the sale thereof, shall at all times be free from taxation within the state. (E) This section shall otherwise be implemented in the manner and to the extent provided by law by the general assembly. HISTORY: 1987 SJR 1, adopted eff. 11-3-87 * CONST VIII Sec. 2L PARKS, RECREATION, AND NATURAL RESOURCES PROJECT CAPITAL IMPROVEMENTS (A) In addition to the authorizations otherwise contained in Article VIII of the Ohio Constitution, the General Assembly shall provide by law, in accordance with and subject to the limitations of this section, for the issuance of bonds and other obligations of the state for the purpose of financing or assisting in the financing of the costs of capital improvements for state and local parks and land and water recreation facilities; soil and water restoration and protection; land management including preservation of natural areas and reforestation; water management including dam safety, stream and lake management, and flood control and flood damage reduction; fish and wildlife resource management; and other projects that enhance the use and enjoyment of natural resources by individuals. Capital improvements include without limitation the cost of acquisition, construction, reconstruction, expansion, improvement, planning, and equipping. It is hereby determined that these capital improvements and provisions for them are necessary and appropriate to improve the quality of life of the people of this state, to better ensure the public health, safety, and welfare, and to create and preserve jobs and enhance employment opportunities. (B)(1) Not more than fifty million dollars principal amount of obligations may be issued under this section in any fiscal year, and not more than two hundred million dollars principal amount may be outstanding at any one time. The limitations of this paragraph do not apply to any obligations authorized to be issued under this section to retire or refund obligations previously issued under this section, to the extent that their principal amount does not exceed the principal amount of the obligations to be retired or refunded. (2) Each issue of obligations shall mature in not more than twenty- five years from the date of issuance, or, if issued to retire or refund other obligations issued under this section, within twenty- five years from the date the debt was originally contracted. If obligations are issued as bond anticipation notes, provision shall be made, by law or in the proceedings for the issuance of those notes, for the establishment and maintenance while the notes re outstanding of a special fund or funds into which there shall be paid, from the sources authorized for the payment of the bonds, the amount that would have been sufficient, if bonds maturing serially in each year over a period of twenty-five years had been issued without the prior issuance of the notes, to pay the principal that would have been payable on those bonds during that period; such fund or funds shall be used solely for the payment of principal of those notes or of the bonds anticipated. (C) The state may participate by grants or contributions in financing capital improvements under this section made by local government entities. Of the proceeds of the first two hundred million dollars principal amount in obligations issued under this section for capital improvements, at least twenty per cent shall be allocated to grants or contributions to local government entities for such capital improvements. (D) The obligations issued under this section are general obligations of the state. The full faith and credit, revenue, and taxing power of the state shall be pledged to the payment of the principal of and interest and other accreted amounts on those obligations as they become due, and bond retirement fund provisions shall be made for payment of that debt service. Provision shall be made by law for the sufficiency and appropriation, for purposes of paying that debt service, of excises, taxes, and revenues so pledged to that debt service, and for covenants to continue the levy, collection, and application of sufficient excises, taxes, and revenues to the extent needed for that purpose. Notwithstanding Section 22 of Article II, Ohio Constitution, no further act of appropriation shall be necessary for that purpose. The moneys referred to in Section 5a of Article XII, Ohio Constitution, may not be pledged to the payment of that debt service. The obligations and the provisions for the payment of debt service on them are not subject to Sections 5, 6, and 11 of Article XII, Ohio Constitution, and, with respect to the purposes to which their proceeds are to be applied, are not subject to Sections 4 and 6 of Article VIII, Ohio Constitution. (E) Obligations issued under authority of this section, the transfer thereof, and the interest and other income and accreted amounts therefrom, including any profit made on the sale thereof, shall at all times be free from taxation within the state. (F) This section shall be implemented in the manner and to the extent provided by law by the general assembly. HISTORY: 1993 HJR 6, adopted eff. 11-2-93 * CONST VIII Sec. 3 NO DEFICIT SPENDING BY STATE; EXCEPTIONS Except the debts above specified in sections one and two of this article, no debt whatever shall hereafter be created by, or on behalf of the state. RELATED TERMS DEBTS, PUBLIC; SINKING FUNDS, STATE HISTORY: 1851 constitutional convention, adopted eff. 9-1-1851 * CONST VIII Sec. 4 STATE TO AVOID FINANCIAL INVOLVEMENT WITH PRIVATE ENTERPRISE The credit of the state shall not, in any manner, be given or loaned to, or in aid of, any individual association or corporation whatever; nor shall the state ever hereafter become a joint owner, or stockholder, in any company or association, in this state, or elsewhere, formed for any purpose whatever. RELATED TERMS CORPORATIONS; CREDIT; JOINT STOCK COMPANIES; STATE; STOCK; STOCKHOLDERS HISTORY: 1851 constitutional convention, adopted eff. 9-1-1851 * CONST VIII Sec. 5 STATE NOT TO ASSUME DEBTS OF POLITICAL SUBDIVISIONS; EXCEPTIONS The state shall never assume the debts of any county, city, town, or township, or of any corporation whatever, unless such debt shall have been created to repel invasion, suppress insurrection, or defend the state in war. RELATED TERMS CORPORATIONS; COUNTIES; DEBTS, PUBLIC; INSURRECTIONS; INVASIONS; MUNICIPAL FINANCE; WARS HISTORY: 1851 constitutional convention, adopted eff. 9-1-1851 * CONST VIII Sec. 6 POLITICAL SUBDIVISIONS TO AVOID FINANCIAL INVOLVEMENT WITH PRIVATE ENTERPRISE; MUTUAL INSURANCE EXCEPTION No laws shall be passed authorizing any county, city, town or township, by vote of its citizens, or otherwise, to become a stockholder in any joint stock company, corporation, or association whatever; or to raise money for, or to loan its credit to, or in aid of, any such company, corporation, or association: provided, that nothing in this section shall prevent the insuring of public buildings or property in mutual insurance associations or companies. Laws may be passed providing for the regulation of all rates charged or to be charged by any insurance company, corporation or association organized under the laws of this state, or doing any insurance business in this state for profit. RELATED TERMS BUILDINGS AND GROUNDS; COUNTIES; CREDIT; INSURANCE; JOINT STOCK COMPANIES; MUNICIPAL CORPORATIONS; STOCK; STOCKHOLDERS; TOWNSHIPS HISTORY: 1912 constitutional convention, am. eff. 1-1-13 1851 constitutional convention, adopted eff. 9-1-1851 * CONST VIII Sec. 7 SINKING FUND The faith of the state being pledged for the payment of its public debt, in order to provide therefor, there shall be created a sinking fund, which shall be sufficient to pay the accruing interest on such debt, and, annually, to reduce the principal thereof, by a sum not less than one hundred thousand dollars, increased yearly, and each and every year, by compounding, at the rate of six per cent. per annum. The said sinking fund shall consist, of the net annual income of the public works and stocks owned by the State, of any other funds or resources that are, or may be, provided by law, and of such further sum, to be raised by taxation, as may be required for the purposes aforesaid. RELATED TERMS PUBLIC WORKS; SINKING FUNDS, STATE HISTORY: 1851 constitutional convention, adopted eff. 9-1-1851 * CONST VIII Sec. 8 COMMISSIONERS OF THE SINKING FUND The governor, treasurer of state, auditor of state, secretary of state, and attorney general, are hereby created a board of commissioners, to be styled, "The Commissioners of the Sinking Fund." RELATED TERMS ATTORNEY GENERAL; AUDITOR, STATE; GOVERNOR; SECRETARY OF STATE; SINKING FUNDS, STATE; TREASURER, STATE HISTORY: 122 v 777, am. eff. 11-4-47 1851 constitutional convention, adopted eff. 9-1-1851 * CONST VIII Sec. 9 BIENNIAL REPORT OF SINKING FUND COMMISSIONERS The commissioners of the sinking fund shall, immediately preceding each regular session of the General Assembly, make an estimate of the probable amount of the fund, provided for in the seventh section of this article, from all sources except from taxation, and report the same, together with all their proceedings relative to said fund and the public debt, to the Governor, who shall transmit the same with his regular message, to the General Assembly; and the General Assembly shall make all necessary provision for raising and disbursing said sinking fund, in pursuance of the provisions of this article. RELATED TERMS GOVERNOR; SINKING FUNDS, STATE HISTORY: 1851 constitutional convention, adopted eff. 9-1-1851 * CONST VIII Sec. 10 APPLICATION OF SINKING FUND It shall be the duty of the said commissioners faithfully to apply said fund, together with all moneys that may be, by the general assembly, appropriated to that object, to the payment of the interest, as it becomes due, and the redemption of the principal of the public debt of the state, excepting only, the school and trust funds held by the state. RELATED TERMS SCHOOL FINANCE; SINKING FUNDS, STATE HISTORY: 1851 constitutional convention, adopted eff. 9-1-1851 * CONST VIII Sec. 11 SEMI-ANNUAL REPORT OF SINKING FUND COMMISSIONERS The said commissioners shall, semi-annually, make a full and detailed report of their proceedings to the governor, who shall, immediately, cause the same to be published, and shall also communicate the same to the general assembly, forthwith, if it be in session, and if not, then at its first session after such report shall be made. RELATED TERMS SINKING FUNDS, STATE HISTORY: 1851 constitutional convention, adopted eff. 9-1-1851 * CONST VIII Sec. 12 BOARD OF PUBLIC WORKS--REPEALED HISTORY: 1974 SJR 26, eff. 11-5-74; 1912 constitutional convention, am. eff. 1-1-13; 1851 constitutional convention, adopted eff. 9-1-1851 * CONST VIII Sec. 13 ECONOMIC DEVELOPMENT To create or preserve jobs and employment opportunities, to improve the economic welfare of the people of the state, to control air, water, and thermal pollution, or to dispose of solid waste, it is hereby determined to be in the public interest and a proper public purpose for the state or its political subdivisions, taxing districts, or public authorities, its or their agencies or instrumentalities, or corporations not for profit designated by any of them as such agencies or instrumentalities, to acquire, construct, enlarge, improve, or equip, and to sell, lease, exchange, or otherwise dispose of property, structures, equipment, and facilities within the State of Ohio for industry, commerce, distribution, and research, to make or guarantee loans and to borrow money and issue bonds or other obligations to provide moneys for the acquisition, construction, enlargement, improvement, or equipment, of such property, structures, equipment and facilities. Laws may be passed to carry into effect such purposes and to authorize for such purposes the borrowing of money by, and the issuance of bonds or other obligations of, the state, or its political subdivisions, taxing districts, or public authorities, its or their agencies or instrumentalities, or corporations not for profit designated by any of them as such agencies or instrumentalities, and to authorize the making of guarantees and loans and the lending of aid and credit, which laws, bonds, obligations, loans, guarantees, and lending of aid and credit shall not be subject to the requirements, limitations, or prohibitions of any other section of Article VIII, or of Article XII, Sections 6 and 11, of the Constitution, provided that moneys raised by taxation shall not be obligated or pledged for the payment of bonds or other obligations issued or guarantees made pursuant to laws enacted under this section. Except for facilities for pollution control or solid waste disposal, as determined by law, no guarantees or loans and no lending of aid or credit shall be made under the laws enacted pursuant to this section of the Constitution for facilities to be constructed for the purpose of providing electric or gas utility service to the public. The powers herein granted shall be in addition to and not in derogation of existing powers of the state or its political subdivisions, taxing districts, or public authorities, or their agencies or instrumentalities or corporations not for profit designated by any of them as such agencies or instrumentalities. Any corporation organized under the laws of Ohio is hereby authorized to lend or contribute moneys to the state or its political subdivisions or agencies or instrumentalities thereof on such terms as may be agreed upon in furtherance of laws enacted pursuant to this section. RELATED TERMS AIR POLLUTION CONTROL; BONDS AND NOTES; CORPORATIONS; CREDIT; ECONOMIC DEVELOPMENT; EMPLOYMENT; POLLUTION CONTROL; SOLID WASTE DISPOSAL; STATE; WASTE DISPOSAL; WATER POLLUTION CONTROL HISTORY: 1974 SJR 22, am. eff. 11-5-74 130 (special session) v Pt 2, SJR 1, adopted eff. 5-4-65 * CONST VIII Sec. 14 FINANCING FOR HOUSING PROGRAM To create or preserve opportunities for safe and sanitary housing and to improve the economic welfare of the people of the state, it is hereby determined to be in the public interest and a proper public purpose for the state to borrow money and issue bonds and other obligations to make available financing, at reasonable interest rates to consumers substantially reflecting savings in the cost of money to lenders resulting from the implementation of this section, for the acquisition, construction, rehabilitation, remodeling, and improvement of privately owned multiple-unit dwellings used and occupied exclusively by persons sixty-two years of age and older, and privately owned, owner occupied single family housing by providing loans to, or through the agency of, or originated by, or purchasing loans from, persons regularly engaged in the business of making or brokering residential mortgage loans, all as determined by or pursuant to law. Laws may be passed to carry into effect such purpose and to authorize for such purpose the borrowing of money by, and the issuance of bonds or other obligations of the state and to authorize the making of such loans, which laws, bonds, obligations, and loans shall not be subject to the requirements, limitations, or prohibitions of any other section of Article VIII, or Sections 6 and 11 of Article XII, Ohio constitution, provided that moneys raised by taxation shall not be obligated or pledged for the payment of bonds or other obligations issued pursuant to laws enacted under this section. The powers granted in this section shall be in addition to and not in derogation of existing powers of the state. Any corporation organized under the laws of this state may lend or contribute moneys to the state on such terms as may be agreed upon in furtherance of laws enacted pursuant to this section. RELATED TERMS AGED PERSONS; BONDS AND NOTES; HOUSING; HOUSING DEVELOPMENT; LOANS; MORTGAGES HISTORY: 1982 HJR 14, adopted eff. 11-2-82 * CONST VIII Sec. 15 DEVELOPMENT OF COAL TECHNOLOGY Laws may be passed authorizing the state to borrow money and to issue bonds and other obligations for the purpose of making grants and making or guaranteeing loans for research and development of coal technology that will encourage the use of Ohio coal, to any individual, association, or corporation doing business in this state, or to any educational or scientific institution located in this state, notwithstanding the requirements, limitations, or prohibitions of any other section of Article VIII or of sections 6 and 11 of Article XII of the Constitution. The aggregate principal amount of the money borrowed and bonds and other obligations issued by the state pursuant to laws passed under this section shall not exceed one hundred million dollars outstanding at any time. The full faith and credit of the state may be pledged for the payment of bonds or other obligations issued or guarantees made pursuant to laws passed under this section. Laws passed pursuant to this section also may provide for the state to share in any royalties, profits, or other financial gain resulting from the research and development. RELATED TERMS BONDS AND NOTES; COAL RESEARCH AND DEVELOPMENT HISTORY: 1984 SJR 28, adopted eff. 11-5-85 * CONST VIII Sec. 16 HOUSING ASSISTANCE To enhance the availability of adequate housing in the state and to improve the economic and general well-being of the people of the state, it is determined to be in the public interest and a proper public purpose for the state or its political subdivisions, directly or through a public authority, agency, or instrumentality, to provide, or assist in providing, by grants, loans, subsidies to loans, loans to lenders, purchase of loans, guarantees of loans, or otherwise as determined by the general assembly, housing, including shelters to provide temporary housing, in the state for individuals and families by the acquisition, financing, construction, leasing, rehabilitation, remodeling, improvement, or equipping of publicly or privately owned housing, including the acquisition of real property and interests in real property. Laws, including charters, ordinances, and resolutions, may be passed to carry into effect those purposes, including but not limited to the authorization of the making of grants, loans, subsidies to loans, loans to lenders, purchase of loans, and guarantees of loans by the state or its political subdivisions, directly or through a public authority, agency, or instrumentality, which laws, charters, ordinances, resolutions, grants, loans, subsidies to loans, loans to lenders, purchase of loans, guarantees of loans, and any other actions authorized by the general assembly shall not be subject to the requirements, limitations, or prohibitions of any other section of Article VIII, or Sections 6 and 11 of Article XII, Ohio Constitution. The general assembly also may authorize the issuance by the state, directly or through its public authorities, agencies, or instrumentalities, of obligations to provide moneys for the provision of or assistance in the provision of housing, including shelters to provide temporary housing, in the state for individuals and families, which obligations are not supported by the full faith and credit of the state, and shall not be deemed to be debts or bonded indebtedness of the state under other provisions of this constitution. Such obligations may be secured by a pledge under law, without necessity for further appropriation, of all or such portion as the general assembly authorizes of revenues or receipts of the state or its public authorities, agencies, or instrumentalities, and this provision may be implemented by law to better provide therfore [sic]. The powers granted under this section are independent of, in addition to, and not in derogation of other powers under laws, charters, ordinances, resolutions, or this constitution, including the powers granted under Section 14 of Article VIII and Articles X and XVIII, and the provision of any capital improvements under Section 2i of Article VIII, Ohio Constitution. The powers granted under this section do not impair any law, charter, ordinance, or resolution enacted prior to the effective date of this section or any obligations issued under such law, charter, ordinance, or resolution. the powers granted under this section are subject to the power of the general assembly to regulate taxation and debt of political subdivisions, including the regulation of municipal taxation and debt pursuant to Section 6 of Article XIII and Section 13 of Article XVIII, Ohio Constitution. The powers granted to political subdivisions under this section shall be operative on and after September 1, 1991, or on an earlier date that an act of the general assembly declares such powers shall be operative. RELATED TERMS HOUSING; HOUSING ASSISTANCE; LOANS HISTORY: 1990 SJR 11, adopted eff. 11-6-90 * CONST IX Sec. 1 RESIDENT CITIZENS LIABLE FOR STATE MILITARY DUTY All citizens, residents of this state, being seventeen years of age, and under the age of sixty-seven years, shall be subject to enrollment in the militia and the performance of military duty, in such manner, not incompatible with the Constitution and laws of the United States, as may be prescribed by law. RELATED TERMS AGE REQUIREMENTS; MILITIA HISTORY: 129 v 1848, am. eff. 1-1-62 125 v 1091, am. eff. 11-3-53; 1851 constitutional convention, adopted eff. 9-1-1851 * CONST IX Sec. 2 WHAT OFFICERS TO BE ELECTED, AND BY WHOM--REPEALED HISTORY: 125 v 1094, eff. 11-3-53 1851 constitutional convention, adopted eff. 9-1-1851 * CONST IX Sec. 3 APPOINTMENT OF MILITIA OFFICERS The governor shall appoint the adjutant general, and such other officers and warrant officers, as my [sic] be provided for by law. RELATED TERMS ADJUTANT GENERAL; GOVERNOR; MILITIA HISTORY: 129 v 1848, am. eff. 1-1-62 1851 constitutional convention, adopted eff. 9-1-1851 * CONST IX Sec. 4 GOVERNOR EMPOWERED TO CALL MILITIA FOR DEFENSE OR TO AID IN DISASTER The governor shall have power to call forth the militia, to execute the laws of the state, to suppress insurrection, to repel invasion, and to act in the event of a disaster within the state. RELATED TERMS EMERGENCIES AND DISASTERS; GOVERNOR; INSURRECTIONS; INVASIONS; MILITIA; WARS HISTORY: 129 v 1848, am. eff. 1-1-62 1851 constitutional convention, adopted eff. 9-1-1851 HISTORICAL NOTES * CONST IX Sec. 5 ARSENALS The general assembly shall provide, by law, for the protection and safekeeping of the public arms. RELATED TERMS ARMORIES HISTORY: 1851 constitutional convention, adopted eff. 9-1-1851 * CONST X Sec. 1 ORGANIZATION AND GOVERNMENT OF COUNTIES; ALTERNATIVE FORMS; REFERENDUM The general assembly shall provide by general law for the organization and government of counties, and may provide by general law alternative forms of county government. No alternative form shall become operative in any county until submitted to the electors thereof and approved by a majority of those voting thereon under regulations provided by law. Municipalities and townships shall have authority, with the consent of the county, to transfer to the county any of their powers or to revoke the transfer of any such power, under regulations provided by general law, but the rights of initiative and referendum shall be secured to the people of such municipalities or townships in respect of every measure making or revoking such transfer, and to the people of such county in respect of every measure giving or withdrawing such consent. RELATED TERMS COUNTIES; ELECTIONS; INITIATIVE AND REFERENDUM; MUNICIPAL CORPORATIONS; TOWNSHIPS HISTORY: 115 v Pt 2, 443, adopted eff. 11-7-33 * CONST X Sec. 2 ELECTION OF TOWNSHIP OFFICERS; TAXING POWER The general assembly shall provide by general law for the election of such township officers as may be necessary. The trustees of townships shall have such powers of local taxation as may be prescribed by law. No money shall be drawn from any township treasury except by authority of law. RELATED TERMS TOWNSHIPS; TOWNSHIP TRUSTEES HISTORY: 115 v Pt 2, 443, adopted eff. 11-7-33 * CONST X Sec. 3 FRAMING, ADOPTING, AND AMENDING COUNTY CHARTER; REFERENDUM The people of any county may frame and adopt or amend a charter as provided in this article but the right of the initiative and referendum is reserved to the people of each county on all matters which such county may now or hereafter be authorized to control by legislative action. Every such charter shall provide the form of government of the county and shall determine which of its officers shall be elected and the manner of their election. It shall provide for the exercise of all powers vested in, and the performance of all duties imposed upon counties and county officers by law. Any such charter may provide for the concurrent or exclusive exercise by the county, in all or in part of its area, of all or of any designated powers vested by the constitution or laws of Ohio in municipalities; it may provide for the organization of the county as a municipal corporation; and in any such case it may provide for the succession by the county to the rights, properties, and obligations of municipalities and townships therein incident to the municipal power so vested in the county, and for the division of the county into districts for purposes of administration or of taxation or of both. Any charter or amendment which alters the form and offices of county government or which provides for the exercise by the county of powers vested in municipalities by the constitution or laws of Ohio, or both, shall become effective if approved by a majority of the electors voting thereon. In case of conflict between the exercise of powers granted by such charter and the exercise of powers by municipalities or townships, granted by the constitution or general law, whether or not such powers are being exercised at the time of the adoption of the charter, the exercise of power by the municipality or township shall prevail. A charter or amendment providing for the exclusive exercise of municipal powers by the county or providing for the succession by the county to any property or obligation of any municipality or township without the consent of the legislative authority of such municipality or township shall become effective only when it shall have been approved by a majority of those voting thereon (1) in the county, (2) in the largest municipality, (3) in the county outside of such municipality, and (4) in counties having a population, based upon the latest preceding federal decennial census, of 500,000 or less, in each of a majority of the combined total of municipalities and townships in the county (not including within any township any part of its area lying within a municipality). RELATED TERMS CHARTERS; COUNTIES; INITIATIVE AND REFERENDUM HISTORY: 127 v 1127, am. eff. 11-5-57 115 v Pt 2, 443, adopted eff. 11-7-33 * CONST X Sec. 4 COUNTY CHARTER COMMISSION; SELECTION; DUTIES The Legislative authority (which includes the Board of County Commissioners) of any county may by a two-thirds vote of its members, or upon petition of eight per cent of the electors of the county as certified by the election authorities of the county shall forthwith, by resolution submit to the electors of the county the question, "Shall a county charter commission be chosen?" The question shall be voted upon at the next general election, occurring not sooner than ninety-five days after certification of the resolution to the election authorities. The ballot containing the question shall bear no party designation. Provision shall be made thereon for the election to such commission from the county at large of fifteen electors if a majority of the electors voting on the question have voted in the affirmative. Candidates for such commission shall be nominated by petition of one per cent of the electors of the county. The petition shall be filed with the election authorities not less than seventy-five days prior to such election. Candidates shall be declared elected in the order of the number of votes received, beginning with the candidate receiving the largest number; but not more than seven candidates residing in the same city or village may be elected. The holding of a public office does not preclude any person from seeking or holding membership on a county charter commission nor does membership on a county charter commission preclude any such member from seeking or holding other public office, but not more than four officeholders may be elected to a county charter commission at the same time. The legislative authority shall appropriate sufficient sums to enable the charter commission to perform its duties and to pay all reasonable expenses thereof. The commission shall frame a charter for the county or amendments to the existing charter, and shall, by vote of a majority of the authorized number of members of the commission, submit the same to the electors of the county, to be voted upon at the next general election next following the election of the commission. The commission shall certify the proposed charter or amendments to the election authorities not later than seventy-five days prior to such election. Amendments to a county charter or the question of the repeal thereof may also be submitted to the electors of the county in the manner provided in this section for the submission of the question whether a charter commission shall be chosen, to be voted upon at the first general election occurring not sooner than sixty days after their submission. The legislative authority or charter commission submitting any charter or amendment shall, not later than thirty days prior to the election on such charter or amendment, mail or otherwise distribute a copy thereof to each of the electors of the county as far as may be reasonably possible, except that, as provided by law, notice of proposed amendments may be given by newspaper advertising. Except as provided in Section 3 of this Article, every charter or amendment shall become effective if it has been approved by the majority of the electors voting thereon. It shall take effect on the thirtieth day after such approval unless another date be fixed therein. When more than one amendment, which shall relate to only one subject but may affect or include more than one section or part of a charter, is submitted at the same time, they shall be so submitted as to enable the electors to vote on each separately. In case more than one charter is submitted at the same time or in case of conflict between the provisions of two or more amendments submitted at the same time, that charter or provision shall prevail which received the highest affirmative vote, not less than a majority. If a charter or amendment submitted by a charter commission is not approved by the electors of the county, the charter commission may resubmit the same one time, in its original form or as revised by the charter commission, to the electors of the county at the next succeeding general election or at any other election held throughout the county prior thereto, in the manner provided for the original submission thereof. The legislative authority of any county, upon petition of ten per cent of the electors of the county, shall forthwith, by resolution, submit to the electors of the county, in the manner provided in this section for the submission of the question whether a charter commission shall be chosen, the question of the adoption of a charter in the form attached to such petition. Laws may be passed to provide for the organization and procedures of county charter commissions, including the filling of any vacancy which may occur, and otherwise to facilitate the operation of this section. The basis upon which the required number of petitioners in any case provided for in this section shall be determined, shall be the total number of votes cast in the county for the office of Governor at the last preceding general election therefor. The foregoing provisions of this section shall be self-executing except as herein otherwise provided. RELATED TERMS CANDIDATES; COUNTIES; ELECTIONS; INITIATIVE AND REFERENDUM HISTORY: 1978 SJR 11, am. eff. 11-7-78 * CONST X Sec. 5 COUNTY AND TOWNSHIP TREASURIES-- REPEALED HISTORY: 115 v Pt 2, 443, eff. 11-7-33 1851 constitutional convention, adopted eff. 9-1-1851. * CONST X Sec. 6 WHAT OFFICERS MAY BE REMOVED-- REPEALED
HISTORY: 115 v Pt 2, 443, eff. 11-7-33 1851 constitutional convention, adopted eff. 9-1-1851. * CONST X Sec. 7 LOCAL TAXATION--REPEALED HISTORY: 115 v Pt 2, 443, eff. 11-7-33 1851 constitutional convention, adopted eff. 9-1-1851. RELATED TERMS COMMISSIONS; GOVERNOR; SUPREME COURT COMMISSION; SUPREME COURT, STATE; VACANCIES IN OFFICE HISTORY: 72 v 269, adopted eff. 10-12-1875 * CONST IV Sec. 23 WHEN JUDGE MAY SERVE MULTIPLE COURTS; REFERENDUM Laws may be passed to provide that in any county having less than forty thousand population, as determined by the next preceding federal census, the board of county commissioners of such county, by a unanimous vote or ten per cent of the number of electors of such county voting for governor at the next preceding election, by petition, may submit to the electors of such county the question of providing that in such county the same person shall serve as judge of the court of common pleas, judge of the probate court, judge of the juvenile court, judge of the municipal court, and judge of the county court, or of two or more of such courts. If a majority of the electors of such county vote in favor of such proposition, one person shall thereafter be elected to serve in such capacities, but this shall not affect the right of any judge then in office from continuing in office until the end of the term for which he was elected. Elections may be had in the same manner to discontinue or change the practice of having one person serve in the capacity of judge of more than one court when once adopted. RELATED TERMS COUNTY COURTS HISTORY: 131 v SJR 21, adopted eff. 11-2-65 * CONST XI Sec. 1 DECENNIAL APPORTIONMENT OF STATE FOR GENERAL ASSEMBLY SEATS The governor, auditor of state, secretary of state, one person chosen by the speaker of the house of representatives and the leader in the senate of the political party of which the speaker is a member, and one person chosen by the legislative leaders in the two houses of the major political party of which the speaker is not a member shall be the persons responsible for the apportionment of this state for members of the general assembly. Such persons, or a majority of their number, shall meet and establish in the manner prescribed in this Article the boundaries for each of ninety-nine house of representatives districts and thirty- three senate districts. Such meeting shall convene on a date designated by the governor between August 1 and October 1 in the year one thousand nine hundred seventy-one and every tenth year thereafter. The governor shall give such persons two weeks advance notice of the date, time, and place of such meeting. The governor shall cause the apportionment to be published no later than October 5 of the year in which it is made, in such manner as provided by law. RELATED TERMS AUDITOR, STATE; GOVERNOR; NOTICE; SECRETARY OF STATE HISTORY: 132 v SJR 24, adopted eff. 11-7-67 * CONST XI Sec. 2 RATIO OF REPRESENTATION IN HOUSE AND SENATE The apportionment of this state for members of the general assembly shall be made in the following manner: The whole population of the state, as determined by the federal decennial census or, if such is unavailable, such other basis as the general assembly may direct, shall be divided by the number "ninety-nine" and the quotient shall be the ratio of representation in the house of representatives for ten years next succeeding such apportionment. The whole population of the state as determined by the federal decennial census or, if such is unavailable, such other basis as the general assembly may direct, shall be divided by the number "thirty-three" and the quotient shall be the ratio of representation in the senate for ten years next succeeding such apportionment. RELATED TERMS APPORTIONMENT HISTORY: 132 v SJR 24, adopted eff. 11-7-67 * CONST XI Sec. 3 POPULATION OF HOUSE DISTRICTS TO BE SUBSTANTIALLY EQUAL; PERMITTED DEVIATION The population of each house of representatives district shall be substantially equal to the ratio of representation in the house of representatives, as provided in section 2 of this Article, and in no event shall any house of representatives district contain a population of less than ninety-five per cent nor more than one hundred five per cent of the ratio of representation in the house of representatives, except in those instances where reasonable effort is made to avoid dividing a county in accordance with section 9 of this Article. RELATED TERMS APPORTIONMENT HISTORY: 132 v SJR 24, adopted eff. 11-7-67 * CONST XI Sec. 4 POPULATION OF SENATE DISTRICTS TO BE SUBSTANTIALLY EQUAL; PERMITTED DEVIATION The population of each senate district shall be substantially equal to the ratio of representation in the senate, as provided in section 2 of this Article, and in no event shall any senate district contain a population of less than ninety-five per cent nor more than one hundred five per cent of the ratio of representation in the senate as determined pursuant to this Article. RELATED TERMS APPORTIONMENT HISTORY: 132 v SJR 24, adopted eff. 11-7-67 * CONST XI Sec. 5 SINGLE MEMBER FOR EACH HOUSE AND SENATE DISTRICT Each house of representatives district shall be entitled to a single representative in each General Assembly. Every senate district shall be entitled to a single senator in each General Assembly. RELATED TERMS APPORTIONMENT HISTORY: 132 v SJR 24, adopted eff. 11-7-67 * CONST XI Sec. 6 NO CHANGE IN DISTRICT BOUNDARIES PERMITTED EXCEPT DECENNIAL REAPPORTIONMENT District boundaries established pursuant to this Article shall not be changed until the ensuing federal decennial census and the ensuing apportionment or as provided in section 13 of this Article, notwithstanding the fact that boundaries of political subdivisions or city wards within the district may be changed during that time. District boundaries shall be created by using the boundaries of political subdivisions and city wards as they exist at the time of the federal decennial census on which the apportionment is based, or such other basis as the general assembly has directed. RELATED TERMS APPORTIONMENT HISTORY: 132 v SJR 24, adopted eff. 11-7-67 * CONST XI Sec. 6A ADDITIONAL SENATORS--REPEALED
HISTORY: 132 v SJR 24, eff. 11-7-67 126 v 1177, adopted eff. 11-6-56 * CONST XI Sec. 7 COMPACT HOUSE DISTRICTS COMPOSED OF CONTIGUOUS TERRITORY (A) Every house of representatives district shall be compact and composed of contiguous territory, and the boundary of each district shall be a single nonintersecting continuous line. To the extent consistent with the requirements of section 3 of this Article, the boundary lines of districts shall be so drawn as to delineate an area containing one or more whole counties. (B) Where the requirements of section 3 of this Article cannot feasibly be attained by forming a district from a whole county or counties, such district shall be formed by combining the areas of governmental units giving preference in the order named to counties, townships, municipalities, and city wards. (C) Where the requirements of section 3 of this Article cannot feasibly be attained by combining the areas of governmental units as prescribed in division (B) of this section, only one such unit may be divided between two districts, giving preference in the selection of a unit for division to a township, a city ward, a city, and a village in the order named. (D) In making a new apportionment, district boundaries established by the preceding apportionment shall be adopted to the extent reasonably consistent with the requirements of section 3 of this Article. RELATED TERMS APPORTIONMENT HISTORY: 132 v SJR 24, adopted eff. 11-7-67 * CONST XI Sec. 8 MULTIPLE HOUSE DISTRICTS WITHIN COUNTY A county having at least one house of representatives ratio of representation shall have as many house of representatives districts wholly within the boundaries of the county as it has whole ratios of representation. Any fraction of the population in excess of a whole ratio shall be a part of only one adjoining house of representatives district. The number of whole ratios of representation for a county shall be determined by dividing the population of the county by the ratio of representation for the house of representatives determined under section 2 of this Article. RELATED TERMS APPORTIONMENT HISTORY: 132 v SJR 24, adopted eff. 11-7-67 * CONST XI Sec. 9 COUNTY TO COMPRISE SINGLE HOUSE DISTRICT WHERE PRACTICABLE In those instances where the population of a county is not less than ninety per cent nor more than one hundred ten per cent of the ratio of representation in the house of representatives, reasonable effort shall be made to create a house of representatives district consisting of the whole county. RELATED TERMS APPORTIONMENT HISTORY: 132 v SJR 24, adopted eff. 11-7-67 * CONST XI Sec. 10 DIVISION OF STATE INTO HOUSE DISTRICTS; STANDARDS The standards prescribed in sections 3, 7, 8, and 9 of this Article shall govern the establishment of house of representatives districts, which shall be created and numbered in the following order to the extent that such order is consistent with the foregoing standards: (A) Each county containing population substantially equal to one ratio of representation in the house of representatives, as provided in section 2 of this Article, but in no event less than ninety-five per cent of the ratio nor more than one hundred five per cent of the ratio shall be designated a representative district. (B) Each county containing population between ninety and ninety- five per cent of the ratio or between one hundred five and one hundred ten per cent of the ratio may be designated a representative district. (C) Proceeding in succession from the largest to the smallest, each remaining county containing more than one whole ratio of representation shall be divided into house of representatives districts. Any remaining territory within such county containing a fraction of one whole ratio of representation shall be included in one representative district by combining it with adjoining territory outside the county. (D) The remaining territory of the state shall be combined into representative districts. RELATED TERMS APPORTIONMENT HISTORY: 132 v SJR 24, adopted eff. 11-7-67 * CONST XI Sec. 11 SENATE DISTRICTS TO BE FORMED FROM THREE CONTIGUOUS HOUSE DISTRICTS Senate districts shall be composed of three contiguous house of representatives districts. A county having at least one whole senate ratio of representation shall have as many senate districts wholly within the boundaries of the county as it has whole senate ratios of representation. Any fraction of the population in excess of a whole ratio shall be a part of only one adjoining senate district. Counties having less than one senate ratio of representation, but at least one house of representatives ratio of representation shall be part of only one senate district. The number of whole ratios of representation for a county shall be determined by dividing the population of the county by the ratio of representation in the senate determined under section 2 of this Article. Senate districts shall be numbered from one through thirty-three and as provided in section 12 of this Article. RELATED TERMS APPORTIONMENT HISTORY: 132 v SJR 24, eff. 11-7-67 * CONST XI Sec. 12 TERM OF SENATORS ON CHANGE OF DISTRICT BOUNDARIES At any time the boundaries of senate districts are changed in any plan of apportionment made pursuant to any provision of this Article, a senator whose term will not expire within two years of the time the plan of apportionment is made shall represent, for the remainder of the term for which he was elected, the senate district which contains the largest portion of the population of the district from which he was elected, and the district shall be given the number of the district from which the senator was elected. If more than one senator whose term will not so expire would represent the same district by following the provisions of this section, the persons responsible for apportionment, by a majority of their number, shall designate which senator shall represent the district and shall designate which district the other senator or senators shall represent for the balance of their term or terms. RELATED TERMS APPORTIONMENT HISTORY: 132 v SJR 24, adopted eff. 11-7-67 * CONST XI Sec. 13 JURISDICTION OF SUPREME COURT IN APPORTIONMENT QUESTIONS; CHANGE OF RESIDENCE OF LEGISLATORS The supreme court of Ohio shall have exclusive, original jurisdiction in all cases arising under this Article. In the event that any section of this Constitution relating to apportionment or any plan of apportionment made by the persons responsible for apportionment, by a majority of their number, is determined to be invalid by either the supreme court of Ohio, or the supreme court of the United States, then notwithstanding any other provisions of this Constitution, the persons responsible for apportionment by a majority of their number shall ascertain and determine a plan of apportionment in conformity with such provisions of this Constitution as are then valid, including establishing terms of office and election of members of the general assembly from districts designated in the plan, to be used until the next regular apportionment in conformity with such provisions of this Constitution as are then valid. Notwithstanding any provision of this Constitution or any law regarding the residence of senators and representatives, a plan of apportionment made pursuant to this section shall allow thirty days for persons to change residence in order to be eligible for election. The governor shall give the persons responsible for apportionment two weeks advance written notice of the date, time, and place of any meeting held pursuant to this section. RELATED TERMS APPORTIONMENT; GOVERNOR; JURISDICTION; NOTICE; RESIDENCY REQUIREMENTS; SUPREME COURT, STATE HISTORY: 132 v SJR 24, adopted eff. 11-7-67 * CONST XI Sec. 14 CONTINUATION OF PRESENT DISTRICT BOUNDARIES The boundaries of house of representatives districts and senate districts from which representatives and senators were elected to the 107th general assembly shall be the boundaries of house of representatives and senate districts until January 1, 1973, and representatives and senators elected in the general election in 1966 shall hold office for the terms to which they were elected. In the event all or any part of this apportionment plan is held invalid prior to the general election in the year 1970, the persons responsible for apportionment by a majority of their number shall ascertain and determine a plan of apportionment to be effective until January 1, 1973, in accordance with section 13 of this Article. HISTORY: 132 v SJR 24, adopted eff. 11-7-67 * CONST XI Sec. 15 SEVERABILITY The various provisions of this Article XI are intended to be severable, and the invalidity of one or more of such provisions shall not affect the validity of the remaining provisions. RELATED TERMS APPORTIONMENT HISTORY: 132 v SJR 24, adopted eff. 11-7-67 * CONST XII Sec. 1 POLL TAXES PROHIBITED No poll tax shall ever be levied in this state, or service required, which may be commuted in money or other thing of value. RELATED TERMS CAPITATION; POLL TAX; TAXATION; VOTERS AND VOTING HISTORY: 1912 constitutional convention, am. eff. 1-1-13 1851 constitutional convention, adopted eff. 9-1-1851 * CONST XII Sec. 2 PROPERTY TAXATION BY UNIFORM RULE; TEN-MILL LIMITATION; HOMESTEAD VALUATION REDUCTION; EXEMPTIONS No property, taxed according to value, shall be so taxed in excess of one per cent of its true value in money for all state and local purposes, but laws may be passed authorizing additional taxes to be levied outside of such limitation, either when approved by at least a majority of the electors of the taxing district voting on such proposition, or when provided for by the charter of a municipal corporation. Land and improvements thereon shall be taxed by uniform rule according to value, except that laws may be passed to reduce taxes by providing for a reduction in value of the homestead of permanently and totally disabled residents, residents sixty-five years of age and older, and residents sixty years of age or older who are surviving spouses of deceased residents who were sixty-five years of age or older or permanently and totally disabled and receiving a reduction in the value of their homestead at the time of death, provided the surviving spouse continues to reside in a qualifying homestead, and providing for income and other qualifications to obtain such reduction. Without limiting the general power, subject to the provisions of Article I of this constitution, to determine the subjects and methods of taxation or exemptions therefrom, general laws may be passed to exempt burying grounds, public school houses, houses used exclusively for public worship, institutions used exclusively for charitable purposes, and public property used exclusively for any public purpose, but all such laws shall be subject to alteration or repeal; and the value of all property so exempted shall, from time to time, be ascertained and published as may be directed by law. RELATED TERMS CEMETERIES; CHARITABLE INSTITUTIONS; CHURCHES; CORPORATIONS; HANDICAPPED PERSONS; HOMESTEAD EXEMPTIONS; LEVIES; PERSONAL PROPERTY, TAXATION; REAL PROPERTY, TAXATION; RELIGIOUS ORGANIZATIONS; SCHOOL BUILDINGS AND LANDS; TAXATION; TEN-MILL LIMITATION HISTORY: 1990 HJR 15, am. eff. 1-1-91 1974 HJR 59, am. eff. 1-1-75; 1970 SJR 8, am. eff. 1-1-71; 115 v Pt 2, 446, am. eff. 1-1-34; 113 v 790, am. eff. 1-1-31; 107 v 774, am. eff. 1-1-19; 1912 constitutional convention, am. eff. 1-1-13; 97 v 652, am. eff. 1-1-06; 1851 constitutional convention, adopted eff. 9-1-1851 * CONST XII Sec. 2A CLASSIFICATION OF REAL ESTATE FOR TAXATION; WHEN DIFFERENT RATES PERMITTED (A) Except as expressly authorized in this section, land and improvements thereon shall, in all other respects, be taxed as provided in Section 36, Article II and Section 2 of this article. (B) This section does not apply to any of the following: (1) Taxes levied at whatever rate is required to produce a specified amount of tax money or an amount to pay debt charges; (2) Taxes levied within the one per cent limitation imposed by Section 2 of this article; (3) Taxes provided for by the charter of a municipal corporation. (C) Notwithstanding Section 2 of this article, laws may be passed that provide all of the following: (1) Land and improvements thereon in each taxing district shall be placed into one of two classes solely for the purpose of separately reducing the taxes charged against all land and improvements in each of the two classes as provided in division (C)(2) of this section. The classes shall be: (a) Residential and agricultural land and improvements; (b) All other land and improvements. (2) With respect to each voted tax authorized to be levied by each taxing district, the amount of taxes imposed by such tax against all land and improvements thereon in each class shall be reduced in order that the amount charged for collection against all land and improvements in that class in the current year, exclusive of land and improvements not taxed by the district in both the preceding year and in the current year and those not taxed in that class in the preceding year, equals the amount charged for collection against such land and improvements in the preceding year. (D) Laws may be passed to provide that the reductions made under this section in the amounts of taxes charged for the current expenses of cities, townships, school districts, counties, or other taxing districts are subject to the limitation that the sum of the amounts of all taxes charged for current expenses against the land and improvements thereon in each of the two classes of property subject to taxation in cities, townships, school districts, counties, or other types of taxing districts, shall not be less than a uniform per cent of the taxable value of the property in the districts to which the limitation applies. Different but uniform percentage limitations may be established for cities, townships, school districts, counties, and other types of taxing districts. HISTORY: 1980 HJR 39, adopted eff. 11-4-80 * CONST XII Sec. 3 ESTATE AND INHERITANCE TAXES; INCOME TAXES; EXCISE AND FRANCHISE TAXES Laws may be passed providing for: (A) The taxation of decedents' estates or of the right to receive or succeed to such estates, and the rates of such taxation may be uniform or may be graduated based on the value of the estate, inheritance, or succession. Such tax may also be levied at different rates upon collateral and direct inheritances, and a portion of each estate may be exempt from such taxation as provided by law. (B) The taxation of incomes, and the rates of such taxation may be either uniform or graduated, and may be applied to such incomes and with such exemptions as may be provided by law. (C) Excise and franchise taxes and for the imposition of taxes upon the production of coal, oil, gas, and other minerals; except that no excise tax shall be levied or collected upon the sale or purchase of food for human consumption off the premises where sold. RELATED TERMS ESTATE TAX; EXCISE TAXES; FOOD; FOOD SERVICE OPERATIONS; FRANCHISE TAX; INCOME TAX, STATE HISTORY: 1976 HJR 15, adopted eff. 6-8-76 * CONST XII Sec. 4 LEGISLATURE TO PROVIDE FOR SUFFICIENT REVENUE TO PAY EXPENSES AND RETIRE DEBTS The General Assembly shall provide for raising revenue, sufficient to defray the expenses of the state, for each year, and also a sufficient sum to pay principal and interest as they become due on the state debt. RELATED TERMS DEBTS, PUBLIC HISTORY: 1976 HJR 14, am. eff. 6-8-76 1851 constitutional convention, adopted 9-1-1851 * CONST XII Sec. 5 LEVY OF TAXES; OBJECT TO BE STATED; REVENUE TO BE APPLIED TO STATED OBJECT No tax shall be levied, except in pursuance of law; and every law imposing a tax, shall state, distinctly, the object of the same, to which only, it shall be applied. RELATED TERMS LEVIES HISTORY: 1851 constitutional convention, adopted eff. 9-1-1851 * CONST XII Sec. 5A VEHICLE-RELATED REVENUE TO BE USED ONLY FOR HIGHWAY PURPOSES FROM CERTAIN TAXES RELATING TO VEHICLES FOR OTHER THAN HIGHWAY AND RELATED PURPOSES No moneys derived from fees, excises, or license taxes relating to registration, operation, or use of vehicles on public highways, or to fuels used for propelling such vehicles, shall be expended for other than costs of administering such laws, statutory refunds and adjustments provided therein, payment of highway obligations, costs for construction, reconstruction, maintenance and repair of public highways and bridges and other statutory highway purposes, expense of state enforcement of traffic laws, and expenditures authorized for hospitalization of indigent persons injured in motor vehicle accidents on the public highways. HISTORY: Initiative petition, adopted eff. 1-1-48 * CONST XII Sec. 6 NO DEBT FOR INTERNAL IMPROVEMENT Except as otherwise provided in this constitution the state shall never contract any debt for purposes of internal improvement. RELATED TERMS DEBTS, PUBLIC; DEVELOPMENT HISTORY: 1912 constitutional convention, am. eff. 1-1-13 1851 constitutional convention, adopted eff. 9-1-1851 * CONST XII Sec. 7 INHERITANCE TAX--REPEALED HISTORY: 1976 HJR 15, eff. 6-8-76 1912 constitutional convention, adopted eff. 1-1-13 * CONST XII Sec. 8 INCOME TAX--REPEALED HISTORY: 1976 HJR 15, eff. 6-8-76 1973 SJR 9, am. eff. 11-6-73; 1912 constitutional convention, adopted eff. 1-1-13 * CONST XII Sec. 9 APPORTIONMENT OF INCOME, ESTATE AND INHERITANCE TAXES Not less than fifty per cent of the income, estate, and inheritance taxes that may be collected by the state shall be returned to the county, school district, city, village, or township in which said income, estate, or inheritance tax originates, or to any of the same, as may be provided by law. RELATED TERMS COUNTIES; ESTATE TAX; INCOME TAX, STATE; MUNICIPAL FINANCE; SCHOOL FINANCE; TOWNSHIPS HISTORY: 1976 HJR 14, am. eff. 6-8-76 113 v 798, am. eff. 11-4-30; 1912 constitutional convention, adopted eff. 1-1 13 * CONST XII Sec. 10 EXCISE AND FRANCHISE TAXES-- REPEALED HISTORY: 1976 HJR 15, eff. 6-8-76 1912 constitutional convention, adopted eff. 1-1-13 * CONST XII Sec. 11 BONDS TO BE BACKED BY TAX SUFFICIENT TO PAY INTEREST AND PRINCIPAL No bonded indebtedness of the state, or any political subdivisions thereof, shall be incurred or renewed unless, in the legislation under which such indebtedness is incurred or renewed, provision is made for levying and collecting annually by taxation an amount sufficient to pay the interest on said bonds, and to provide a sinking fund for their final redemption at maturity. RELATED TERMS BONDS AND NOTES; MUNICIPAL FINANCE; SCHOOL FINANCE; SCHOOLS AND SCHOOL DISTRICTS; SINKING FUNDS; SINKING FUNDS, COUNTY; SINKING FUNDS, MUNICIPAL; SINKING FUNDS, SCHOOL; SINKING FUNDS, STATE; SINKING FUNDS, TOWNSHIP HISTORY: 1912 constitutional convention, adopted eff. 1-1-13 * CONST XII Sec. 12 EXCISE TAX ON SALES OR PURCHASE OF FOOD PROHIBITED, WHEN--REPEALED HISTORY: 1976 HJR 15, eff. 6-8-76 Initiative petition, adopted eff. 11-11-36 * CONST XIII Sec. 1 SPECIAL ACTS CONFERRING CORPORATE POWERS PROHIBITED The general assembly shall pass no special act conferring corporate powers. RELATED TERMS CORPORATIONS; GENERAL ASSEMBLY HISTORY: 1851 constitutional convention, adopted eff. 9-1-1851 * CONST XIII Sec. 2 GENERAL CORPORATION LAWS; REGULATION OF CORPORATIONS; SALE OR TRANSFER OF PERSONAL PROPERTY Corporations may be formed under general laws; but all such laws may, from time to time, be altered or repealed. Corporations may be classified and there may be conferred upon proper boards, commissions or officers, such supervisory and regulatory powers over their organization, business and issue and sale of stocks and securities, and over the business and sale of the stocks and securities of foreign corporations and joint stock companies in this state, as may be prescribed by law. Laws may be passed regulating the sale and conveyance of other personal property, whether owned by a corporation, joint stock company or individual. RELATED TERMS CORPORATIONS; FOREIGN CORPORATIONS; JOINT STOCK COMPANIES; PERSONAL PROPERTY; SALES; SECURITIES; STOCK HISTORY: 1912 constitutional convention, am. eff. 1-1-13 1851 constitutional convention, adopted eff. 9-1-1851 * CONST XIII Sec. 3 LIABILITY OF STOCKHOLDERS FOR UNPAID SUBSCRIPTIONS; EXAMINATION AND REGULATION OF BANKING CORPORATIONS Dues from private corporations shall be secured by such means as may be prescribed by law, but in no case shall any stockholder be individually liable otherwise than for the unpaid stock owned by him or her. No corporation not organized under the laws of this state, or of the United States, or person, partnership or association shall use the word "bank," "banker" or "banking," or words of similar meaning in any foreign language, as a designation or name under which business may be conducted in this state unless such corporation, person, partnership or association shall submit in inspection, examination and regulation as may hereafter be provided by the laws of this state. RELATED TERMS BANKS AND BANKING; STOCKHOLDERS HISTORY: 116 v Pt 2, 369, am. eff. 7-1-37 1912 constitutional convention, am. eff. 1-1-13; 95 v 961, am. eff. 11- 3-03; 1851 constitutional convention, adopted eff. 9-1-1851 * CONST XIII Sec. 4 CORPORATE PROPERTY SUBJECT TO TAXATION The property of corporations, now existing or hereafter created, shall forever be subject to taxation, the same as the property of individuals. RELATED TERMS CORPORATIONS; CORPORATIONS, TAXATION; REAL PROPERTY, TAXATION HISTORY: 1851 constitutional convention, adopted eff. 9-1-1851 * CONST XIII Sec. 5 CORPORATE POWER OF EMINENT DOMAIN TO OBTAIN RIGHTS OF WAY; PROCEDURE; JURY TRIAL No right of way shall be appropriated to the use of any corporation, until full compensation therefor be first made in money, or first secured by a deposit of money, to the owner, irrespective of any benefit from any improvement proposed by such corporation: which compensation shall be ascertained by a jury of twelve men, in a court of record, as shall be prescribed by law. RELATED TERMS CORPORATIONS; EMINENT DOMAIN; RIGHT OF WAY HISTORY: 1851 constitutional convention, adopted eff. 9-1-1851 * CONST XIII Sec. 6 ORGANIZATION OF MUNICIPAL CORPORATIONS; LIMITATIONS ON POWER TO TAX AND CONTRACT DEBTS The general assembly shall provide for the organization of cities, and incorporated villages, by general laws; and restrict their power of taxation, assessment, borrowing money, contracting debts and loaning their credit, so as to prevent the abuse of such power. RELATED TERMS ASSESSMENTS, SPECIAL; MUNICIPAL CORPORATIONS; MUNICIPAL FINANCE; VILLAGES HISTORY: 1851 constitutional convention, adopted eff. 9-1-1851 * CONST XIII Sec. 7 ACTS AUTHORIZING ASSOCIATIONS WITH BANKING POWERS; REFERENDUM No act of the general assembly, authorizing associations with banking powers, shall take effect, until it shall be submitted to the people, at the general election next succeeding the passage thereof, and be approved by a majority of all the electors, voting at such election. RELATED TERMS BANKS AND BANKING; SAVINGS AND LOAN ASSOCIATIONS; STATUTES HISTORY: 1851 constitutional convention, adopted eff. 9-1-1851 * CONST XIV Sec. 1 COMMISSIONERS--REPEALED HISTORY: 125 v 1094, eff. 11-3-53 1851 constitutional convention, adopted eff. 9-1-1851 * CONST XIV Sec. 2 THEIR DUTIES--REPEALED HISTORY: 125 v 1094, eff. 11-3-53 1851 constitutional convention, adopted eff. 9-1-1851 * CONST XIV Sec. 3 THEIR REPORT--REPEALED HISTORY: 125 v 1094, eff. 11-3-53 1851 constitutional convention, adopted eff. 9-1-1851 * CONST XV Sec. 1 COLUMBUS IS CAPITAL OF STATE Columbus shall be the seat of government, until otherwise directed by law. RELATED TERMS CAPITAL, STATE; COLUMBUS; SEAT OF GOVERNMENT; STATE HISTORY: 1851 constitutional convention, adopted eff. 9-1-1851 * CONST XV Sec. 2 PUBLIC PRINTING--REPEALED HISTORY: 1976 HJR 36, eff. 11-2-76 1912 constitutional convention, am. eff. 1-1-13; 1851 constitutional convention, adopted eff. 9-1-1851 * CONST XV Sec. 3 PUBLICATION OF STATE FINANCIAL STATEMENTS An accurate and detailed statement of the receipts and expenditures of the public money, the several amounts paid, to whom, and on what account, shall, from time to time, be published, as shall be prescribed by law. RELATED TERMS FUNDS, PUBLIC; NOTICE HISTORY: 1851 constitutional convention, adopted eff. 9-1-1851 * CONST XV Sec. 4 OFFICERS TO BE QUALIFIED ELECTORS No person shall be elected or appointed to any office in this state unless possessed of the qualifications of an elector. RELATED TERMS PUBLIC OFFICIALS HISTORY: 125 v 1094, am. eff. 11-3-53 103 v 992, am. eff. 1-1-14; 1851 constitutional convention, adopted eff. 9-1-1851 * CONST XV Sec. 5 DUELISTS INELIGIBLE--REPEALED HISTORY: 1976 HJR 36, eff. 11-2-76 1851 constitutional convention, adopted eff. 9-1-1851 * CONST XV Sec. 6 LOTTERIES PROHIBITED, EXCEPT STATE LOTTERY; REGULATION OF CHARITABLE BINGO Except as otherwise provided in this section, lotteries, and the sale of lottery tickets, for any purpose whatever, shall forever be prohibited in this State. The General Assembly may authorize an agency of the state to conduct lotteries, to sell rights to participate therein, and to award prizes by chance to participants, provided that the entire net proceeds of any such lottery are paid into a fund of the state treasury that shall consist solely of such proceeds and shall be used solely for the support of elementary, secondary, vocational, and special education programs as determined in appropriations made by the General Assembly. The General Assembly may authorize and regulate the operation of bingo to be conducted by charitable organizations for charitable purposes. RELATED TERMS BINGO; FUNDS, PUBLIC; LOTTERY, STATE HISTORY: 1987 HJR 9, am. eff. 1-1-88 1975 HJR 16, am. eff. 11-4-75; 1972 SJR 28, am. eff. 7-1-73; 1851 constitutional convention, adopted eff. 9-1-1851 * CONST XV Sec. 7 OATH OF OFFICERS Every person chosen or appointed to any office under this state, before entering upon the discharge of its duties, shall take an oath or affirmation, to support the constitution of the United States, and of this state, and also an oath of office. RELATED TERMS OATHS AND AFFIRMATIONS; PUBLIC OFFICIALS HISTORY: 1851 constitutional convention, adopted eff. 9-1-1851 * CONST XV Sec. 8 BUREAU OF STATISTICS--REPEALED HISTORY: 1976 HJR 36, eff. 11-2-76 1851 constitutional convention, adopted eff. 9-1-1851 * CONST XV Sec. 9 INTOXICATING LIQUORS--REPEALED HISTORY: 115 v Pt 2, 442, eff. 11-7-33 Initiative petition, adopted 11-5-18 election * CONST XV Sec. 9A GENERAL LAWS PROHIBITING SALE OR FURNISHING OF INTOXICATING LIQUORS FORBIDDEN; TERRITORIAL RESTRICTION ON OTHER PROHIBITION LAWS--REPEALED HISTORY: Initiative petition, 11-5-18 election Initiative petition, adopted 11-3-14 election * CONST XV Sec. 10 CIVIL SERVICE Appointments and promotions in the civil service of the state, the several counties, and cities, shall be made according to merit and fitness, to be ascertained, as far as practicable, by competitive examinations. Laws shall be passed providing for the enforcement of this provision. RELATED TERMS CIVIL SERVICE; PUBLIC EMPLOYEES HISTORY: 1912 constitutional convention, adopted eff. 1-1-13 * CONST XVI Sec. 1 CONSTITUTIONAL AMENDMENT PROPOSED BY JOINT RESOLUTION OF GENERAL ASSEMBLY; PROCEDURE Either branch of the general assembly may propose amendments to this constitution; and, if the same shall be agreed to by three- fifths of the members elected to each house, such proposed amendments shall be entered on the journals, with the yeas and nays, and shall be filed with the secretary of state at least ninety days before the date of the election at which they are to be submitted to the electors, for their approval or rejection. They shall be submitted on a separate ballot without party designation of any kind, at either a special or a general election as the general assemby may prescribe. The ballot language for such proposed amendments shall be prescribed by a majority of the Ohio ballot board, consisting of the secretary of state and four other members, who shall be designated in a manner prescribed by law and not more than two of whom shall be members of the same political party. The ballot language shall properly identify the substance of the proposal to be voted upon. The ballot need not contain the full text nor a condensed text of the proposal. The board shall also prepare an explanation of the proposal, which may include its purpose and effects, and shall certify the ballot language and the explanation to the secretary of state not later than seventy-five days before the election. The ballot language and the explanation shall be available for public inspection in the office of the secretary of state. The supreme court shall have exclusive, original jurisdiction in all cases challenging the adoption or submission of a proposed constitutional amendment to the electors. No such case challenging the ballot language, the explanation, or the actions or procedures of the general assembly in adopting and submitting a constitutional amendment shall be filed later than sixty-four days before the election. The ballot language shall not be held invalid unless it is such as to mislead, deceive, or defraud the voters. Unless the general assembly otherwise provides by law for the preparation of arguments for and, if any, against a proposed amendment, the board may prepare such arguments. Such proposed amendments, the ballot language, the explanations, and the arguments, if any, shall be published once a week for three consecutive weeks preceding such election, in at least one newspaper of general circulation in each county of the state, where a newspaper is published. The general assembly shall provide by law for other dissemination of information in order to inform the electors concerning proposed amendments. An election on a proposed constitutional amendment submitted by the general assembly shall not be enjoined nor invalidated because the explanation, arguments, or other information is faulty in any way. If the majority of the electors voting on the same shall adopt such amendments the same shall become a part of the constitution. When more than one amendment shall be submitted at the same time, they shall be so submitted as to enable the electors to vote on each amendment, separately. RELATED TERMS BALLOT BOARD, OHIO; BALLOTS; BOARDS; CONSTITUTION, STATE; ELECTIONS; GENERAL ASSEMBLY; NOTICE; SECRETARY OF STATE; SUPREME COURT, STATE HISTORY: 1974 HJR 61, am. eff. 5-7-74 1912 constitutional convention, am. eff. 1-1-13; 1851 constitutional convention, adopted eff. 9-1-1851 * CONST XVI Sec. 2 CONSTITUTIONAL AMENDMENT PROPOSED BY CONVENTION; PROCEDURE Whenever two-thirds of the members elected to each branch of the general assembly, shall think it necessary to call a convention, to revise, amend, or change this constitution, they shall recommend to the electors to vote on a separate ballot without party designation of any kind at the next election for members to the general assembly, for or against a convention; and if a majority of all the electors, voting for and against the calling of a convention, shall have voted for a convention, the general assembly shall, at their next session, provide, by law, for calling the same. Candidates for members of the constitutional convention shall be nominated by nominating petitions only and shall be voted for upon one independent and separate ballot without any emblem or party designation whatever. The convention shall consist of as many members as the house of representatives, who shall be chosen as provided by law, and shall meet within three months after their election, for the purpose, aforesaid. RELATED TERMS BALLOTS; CANDIDATES; CONSTITUTIONAL CONVENTION, OHIO; CONVENTIONS HISTORY: 1912 constitutional convention, am. eff. 1-1-13 1851 constitutional convention, adopted eff. 9-1-1851 * CONST XVI Sec. 3 REFERENDUM AT TWENTY-YEAR INTERVALS ON WHETHER TO CALL CONSTITUTIONAL CONVENTION At the general election to be held in the year one thousand nine hundred and thirty-two, and in each twentieth year thereafter, the question: "Shall there be a convention to revise, alter, or amend the constitution," shall be submitted to the electors of the state; and in case a majority of the electors, voting for and against the calling of a convention, shall decide in favor of a convention, the general assembly, at its next session, shall provide, by law, for the election of delegates, and the assembling of such convention, as is provided in the preceding section; but no amendment of this constitution, agreed upon by any convention assembled in pursuance of this article, shall take effect, until the same shall have been submitted to the electors of the state, and adopted by a majority of those voting thereon. RELATED TERMS CONSTITUTIONAL CONVENTION, OHIO; CONVENTIONS HISTORY: 1912 constitutional convention, am. eff. 1-1-13 1851 constitutional convention, adopted eff. 9-1-1851
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