STATE CONSTITUTIONS

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This is the constitution for the State of Ohio

Preamble

We, the people of the State of Ohio, grateful to Almighty God for our freedom, to secure its blessings and promote our common welfare, do

establish this Constitution.


Article One: Bill of Rights

Inalienable rights.

§1 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.

(1851)


Right to alter, reform, or abolish

government, and repeal special

privileges.

§2 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deem it necessary; and no special privileges or immunities shall ever be granted, that may not be altered, revoked, or repealed by the General Assembly.

(1851)


Right to assemble.

§3 The people have the right to assemble together, in a peaceable manner, to consult for the common good; to instruct their representatives; and to petition the General Assembly for the redress of grievances.

(1851)


Bearing arms; standing armies;

military power.

§4 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.

(1851)


Trial by jury.

§5 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. (1851, am. 1912)


Slavery and involuntary servitude.

§6 There shall be no slavery in this state; nor involuntary servitude, unless for the punishment of crime.

(1851)


Rights of conscience; education;

the necessity of religion and

knowledge.

§7 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.

(1851)


Writ of habeas corpus.

§8 The privilege of the writ of habeas corpus shall not be suspended, unless, in cases of rebellion or invasion, the public safety require it.

(1851)


Bail.

§9 All persons shall be bailable by sufficient sureties, except for a person who is charged with a capital offense where the proof is evident or the presumption great and except for a person who is charged with a felony where the proof is evident or the presumption great and who where the person poses a substantial risk of serious physical harm to any person or to the community. Where a person is charged with any offense for which the person may be incarcerated, the court may determine at any time the type, amount, and conditions of bail. Excessive bail shall not be required; nor excessive fines imposed; nor cruel and unusual punishments inflicted. The General Assembly shall fix by law standards to determine whether a

person who is charged with a felony where the proof is evident or the presumption great poses a substantial risk of serious physical harm to any person or to the community. Procedures for establishing the amount and conditions of bail shall be established pursuant to Article Four, Section 5(b) of the Constitution of the State of Ohio.

(1851, am. 1997)


Trial for crimes; witness.

§10 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 resentment 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 witnesses face to face, and to have compulsory process to procure the attendance of witnesses in his behalf,

and 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.

(1851, am. 1912)


Rights of victims of crime.

§10a Victims of criminal offenses shall be accorded fairness, dignity, and respect in the criminal justice process, and, as the General Assembly shall define and provide by law, shall be accorded rights to reasonable and appropriate notice, information, access, and protection and to a meaningful role in the criminal justice process. This section does not confer upon any person a right to appeal or modify any decision in a criminal proceeding, does not abridge any other right guaranteed by the Constitution of the United States or this constitution, and does not create any cause of action for compensation or damages against the state, any officer, employee, or agent of the state or of any political subdivision, or any

officer of the court.

(1994)


Freedom of speech; of the press; of

libels.

§11 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.

(1851)


Transportation, etc. for crime.

§12 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.

(1851)


Quartering troops.

§13 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.

(1851)


Search warrants and general

warrants.

§14 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.

(1851)


No imprisonment for debt.

§15 No person shall be imprisoned for

debt in any civil action, on mesne or

final process, unless in cases of fraud.

(1851)


Redress for injury; Due process.

§16 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.

(1851, am. 1912)


No hereditary privileges.

§17 No hereditary emoluments, honors,

or privileges, shall ever be granted

or conferred by this State.

(1851)


Suspension of laws.

§18 No power of suspending laws shall

ever be exercised, except by the General

Assembly.

(1851)


Eminent domain.

§19 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.

(1851)


Damages for wrongful death.

§19a 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.

(1912)


Protect private property rights

in ground water, lakes and other

watercourses.

§ 19b. (A) The protection of the

rights of Ohio's property owners, the

protection of Ohio's natural resources,

and the maintenance of the stability of

Ohio's economy require the recognition

and protection of property interests in

ground water, lakes, and watercourses.

(B) The preservation of private property

interests recognized under divisions (C)

and (D) of this section shall be held

inviolate, but subservient to the public

welfare as provided in Section 19 of

Article One of the Constitution.

(C) A property owner has a property

interest in the reasonable use of the

ground water underlying the property

owner's land.

(D) An owner of riparian land has a

property interest in the reasonable use

of the water in a lake or watercourse

located on or flowing through the

owner's riparian land.

(E) Ground water underlying privately

owned land and nonnavigable waters

located on or flowing through privately

owned land shall not be held in trust

by any governmental body. The state,

and a political subdivision to the

extent authorized by state law, may

provide for the regulation of such

waters. An owner of land voluntarily

may convey to a governmental body

the owner's property interest held in

the ground water underlying the land

or nonnavigable waters located on or

flowing through the land.

(F) Nothing in this section affects the

application of the public trust doctrine

as it applies to Lake Erie or the

navigable waters of the state.

(G) Nothing in Section 1e of Article Two,

Section 36 of Article Two, Article Eight,

Section 1 of Article Ten, Section 3 of

Article Eighteen, or Section 7 of Article

Eighteen of the Constitution shall impair

or limit the rights established in this

section.

(2008)


Powers reserved to the people.

§20 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.

(1851)


Preservation of the freedom to

choose health care and health care

coverage

§ 21 (A) No federal, state, or local

law or rule shall compel, directly or

indirectly, any person, employer, or

health care provider to participate in a

health care system.

(B) No federal, state, or local law or

rule shall prohibit the purchase or sale

of health care or health insurance.

(C) No federal, state, or local law or

rule shall impose a penalty or fine for

the sale or purchase of health care or

health insurance.

(D) This section does not affect laws

or rules in effect as of March 19,

2010; affect which services a health

care provider or hospital is required to

perform or provide; affect terms and

conditions of government employment;

or affect any laws calculated to deter

fraud or punish wrongdoing in the

health care industry.

(E) As used in this Section,

(1) “Compel” includes the levying of

penalties or fines.

(2) “Health care system” means any

public or private entity or program

whose function or purpose includes

the management of, processing of,

enrollment of individuals for, or

payment for, in full or in part, health

care services, health care data, or health

care information for its participants.

(3) “Penalty or fine” means any civil or

criminal penalty or fine, tax, salary or

wage withholding or surcharge or any

named fee established by law or rule by

a government established, created, or

controlled agency that is used to punish

or discourage the exercise of rights

protected under this section.

(2011)


Article Two: Legislative

In whom power vested.

§1 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 herein after 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.

(1851, am. 1912, 1918, 1953)


Initiative and referendum to amend

constitution.

§1a 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 one hundred

twenty-five 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.”

(1912, am. 2008)


Initiative and referendum to enact

laws.

§1b 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,

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

at the next regular or general

election occurring subsequent to one

hundred twenty-five days after the supplementary

petition is filed 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

section la and section 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.

(1912, am. 2008)


Referendum to challenge laws

enacted by General Assembly.

§1c 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 one hundred twenty-five 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.

(1912, am. 2008)


Emergency laws; not subject to

referendum.

§1d 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.

(1912)


Powers; limitation of use.

§1e 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.

(1912)


Power of municipalities.

§1f 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.

(1912)


Petition requirements and

preparation; submission; ballot

language; by Ohio ballot board.

§1g 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 secretary of state

shall determine the sufficiency of the

signatures not later than one hundred

five days before the election.

The Ohio supreme court shall have

original, exclusive jurisdiction over all

challenges made to petitions and signatures

upon such petitions under this

section. Any challenge to a petition or

signature on a petition shall be filed

not later than ninety-five days before

the day of the election. The court shall

hear and rule on any challenges made

to petitions and signatures not later than

eighty-five days before the election. If

no ruling determining the petition or

signatures to be insufficient is issued at

least eighty-five days before the election,

the petition and signatures upon

such petitions shall be presumed to be

in all respects sufficient.

If the petitions or signatures are determined

to be insufficient, ten additional

days shall be allowed for the filing of

additional signatures to such petition. If

additional signatures are filed, the secretary

of state shall determine the sufficiency

of those additional signatures

not later than sixty-five days before the

election. Any challenge to the additional

signatures shall be filed not later

than fifty-five days before the day of the

election. The court shall hear and rule

on any challenges made to the additional

signatures not later than forty-five

days before the election. If no ruling

determining the additional signatures to

be insufficient is issued at least fortyfive

days before the election, the petition

and signatures shall be presumed

to be in all respects sufficient.

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 Sixteen 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.

(1912, am. 1971, 1978, 2008)


Election and term of state

legislators.

§2 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 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.

In determining the eligibility of an individual

to hold office in accordance

with this article, (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.

(1967, am. 1992)


Residence requirements for state

legislators.

§3 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.

(1851, am. 1967)


Dual office and conflict of interest

prohibited.

§4 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.

(1851, am. 1973)


Who shall not hold office.

§5 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.

(1851)


Powers of each house.

§6 Each house shall be the 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.

(1851, am. 1973)


Organization of each house of the

General Assembly.

§7 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.

(1851, am. 1973)


Sessions of the General Assembly.

§8 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.

(1973)


House and Senate Journals (yeas and

nays).

§9 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.

(1851, am. 1973)


Rights of members to protest.

§10 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.

(1851)


Filling vacancy in house or senate

seat.

§11 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

Two 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.

(1851, am. 1961, 1968, 1973)


Privilege of members from arrest,

and of speech.

§12 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.

(1851)


Legislative sessions to be public;

exceptions.

§13 The proceedings of both houses

shall be public, except in cases which,

in the opinion of two-thirds of those

present, require secrecy.

(1851)


Power of adjournment.

§14 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.

(1851, am. 1973)


How bills shall be passed.

§15 (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.

(1973)


Bills to be signed by governor; veto.

§16 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.

(1851, am. 1903, 1912, 1973)


Repealed. Referred to the signing of

all bills and joint resolutions by the

presiding officer of each house.

§17

(1851, rep. 1973)


Repealed. Referred to the style of

laws.

§18

(1851, rep. 1973)


Repealed. Referred to the exclusion

of senators and representatives from

appointment to any civil office of

this state.

§19

(1851, rep. 1973)


Term of office, and compensation of

officers in certain cases.

§20 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.


(1851Contested elections.

§21 The General Assembly shall determine,

by law, before what authority,

and in what manner elections shall be

conducted.

(1851)


Appropriations.

§22 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.

(1851)


Impeachments; how instituted and

conducted.

§23 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.

(1851)


Officers liable to impeachment;

consequences.

§24 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.

(1851)


Repealed. When sessions shall

commence.

§25

(1851, rep. 1973)


Laws to have a uniform operation.

§26 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.

(1851)


Election and appointment of

officers; filling vacancies.

§27 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.”

(1851, am. 1953)


Retroactive laws.

§28 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.

(1851)


No extra compensation; exceptions.

§29 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 preexisting

law, unless such compensation,

or claim, be allowed by two-thirds of

the members elected to each branch of

the General Assembly.

(1851)


New counties.

§30 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.

(1851)


Compensation of members and

officers of the General Assembly.

§31 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.

(1851)


Divorces and judicial power.

§32 The General Assembly shall grant

no divorce, nor exercise any judicial

power not herein expressly

conferred.

(1851)


Mechanics’ and contractor’s liens.

§33 Laws may be passed to secure to

mechanics, artisans, laborers, subcontractors

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.

(1912)


Welfare of employees.

§34 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.

(1912)


Minimum wage.

§34a Except as provided in this section,

every employer shall pay their

employees a wage rate of not less than

six dollars and eighty-five cents per

hour beginning January 1, 2007. On

the thirtieth day of each September,

beginning in 2007, this state minimum

wage rate shall be increased effective

the first day of the following January

by the rate of inflation for the twelve

month period prior to that September

according to the consumer price index

or its successor index for all urban

wage earners and clerical workers for

all items as calculated by the federal

government rounded to the nearest

five cents. Employees under the age of

sixteen and employees of businesses

with annual gross receipts of two hundred

fifty thousand dollars or less for

the preceding calendar year shall be

paid a wage rate of not less than that

established under the federal Fair Labor

Standards Act or its successor law.

This gross revenue figure shall be increased

each year beginning January

1, 2008 by the change in the consumer

price index or its successor index in the

same manner as the required annual

adjustment in the minimum wage rate

set forth above rounded to the nearest

one thousand dollars. An employer

may pay an employee less than, but not

less than half, the minimum wage rate

required by this section if the employer

is able to demonstrate that the employee

receives tips that combined with the

wages paid by the employer are equal

to or greater than the minimum wage

rate for all hours worked. The provisions

of this section shall not apply to

employees of a solely family owned

and operated business who are family

members of an owner. The state may

issue licenses to employers authorizing

payment of a wage rate below that

required by this section to individuals

with mental or physical disabilities that

may otherwise adversely affect their

opportunity for employment.

As used in this section: “employer,”

“employee,” “employ,” “person” and

“independent contractor” have the

same meanings as under the federal

Fair Labor Standards Act or its successor

law, except that “employer” shall

also include the state and every political

subdivision and “employee” shall

not include an individual employed in

or about the property of the employer

or individual’s residence on a casual

basis. Only the exemptions set forth in

this section shall apply to this section.

An employer shall at the time of hire

provide an employee the employer’s

name, address, telephone number, and

other contact information and update

such information when it changes. An

employer shall maintain a record of the

name, address, occupation, pay rate,

hours worked for each day worked

and each amount paid an employee for

a period of not less than three years

following the last date the employee

was employed. Such information shall

be provided without charge to an employee

or person acting on behalf of an

employee upon request. An employee,

person acting on behalf of one or more

employees and/or any other interested

party may file a complaint with the

state for a violation of any provision

of this section or any law or regulation

implementing its provisions. Such

complaint shall be promptly investigated

and resolved by the state. The

employee’s name shall be kept confidential

unless disclosure is necessary

to resolution of a complaint and the

employee consents to disclosure. The

state may on its own initiative investigate

an employer’s compliance with

this section and any law or regulation

implementing its provisions. The employer

shall make available to the state

any records related to such investigation

and other information required for

enforcement of this section or any law

or regulation implementing its provisions.

No employer shall discharge or

in any other manner discriminate or

retaliate against an employee for exercising

any right under this section

or any law or regulation implementing

its provisions or against any person for

providing assistance to an employee or

information regarding the same.

An action for equitable and monetary

relief may be brought against an employer

by the attorney general and/

or an employee or person acting on

behalf of an employee or all similarly

situated employees in any court of

competent jurisdiction, including the

common pleas court of an employee’s

county of residence, for any violation

of this section or any law or regulation

implementing its provisions within

three years of the violation or of when

the violation ceased if it was of a continuing

nature, or within one year after

notification to the employee of final

disposition by the state of a complaint

for the same violation, whichever is

later. There shall be no exhaustion requirement,

no procedural, pleading or

burden of proof requirements beyond

those that apply generally to civil suits

in order to maintain such action and

no liability for costs or attorney’s fees

on an employee except upon a finding

that such action was frivolous in accordance

with the same standards that

apply generally in civil suits. Where

an employer is found by the state or a

court to have violated any provision of

this section, the employer shall within

thirty days of the finding pay the employee

back wages, damages, and the

employee’s costs and reasonable attorney’s

fees. Damages shall be calculated

as an additional two times the amount

of the back wages and in the case of

a violation of an anti-retaliation provision

an amount set by the state or court

sufficient to compensate the employee

and deter future violations, but not less

than one hundred fifty dollars for each

day that the violation continued. Payment

under this paragraph shall not be

stayed pending any appeal.

This section shall be liberally construed

in favor of its purposes. Laws

may be passed to implement its provisions

and create additional remedies,

increase the minimum wage rate and

extend the coverage of the section, but

in no manner restricting any provision

of the section or the power of municipalities

under Article Eighteen of this

constitution with respect to the same.

If any part of this section is held invalid,

the remainder of the section shall

not be affected by such holding and

shall continue in full force and effect.

(2006)


Workers’ compensation.

§35 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.

(1912, am. 1923)


Conservation of natural resources.

§36 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

Twelve, 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 Twelve. 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.

(1912, am. 1973)


Workday and workweek on public

projects.

§37 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 subdivision

thereof, whether done by contract, or

otherwise.

(1912)


Removal of officials for

misconduct.

§38 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.

(1912)


Regulating expert testimony in

criminal trials.

§39 Laws may be passed for the regulation

of the use of expert witnesses

and expert testimony in criminal trials

and proceedings.

(1912)


Registering and warranting land

titles.

§40 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 inmatters arising under

the operation of such system.

(1912)


Prison labor.

§41 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.

(1912, am. 1978)


Continuity of government operations

in emergencies caused by enemy

attack.

§42 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.(1961)


Article Three: Executive

Executive department; key state

officers.

§1 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.

(1851, am. 1885)


Joint vote cast for governor and

lieutenant.

§1a 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.

(1976)


Lieutenant governor duties assigned

by governor.

§1b 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.

(1976)


Term of office of key state officers.

§2 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.

In determining the eligibility of

an individual to hold an office in

accordance with this article, (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.

(1851, am. 1954, 1992)


Counting votes for key state

officers.

§3 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 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

joint vote of both houses.

(1851, am. 1976)


Repealed. Referred to returns of

election made to the secretary of

state when there is no session of the

General Assembly in January after

an election.

§4

(1851, rep. 1976)


Executive power vested in governor.

§5 The supreme executive power of

this state shall be vested in the governor.

(1851)


Governor to see that laws executed;

may require written information.

§6 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.

(1851)


Governor’s annual message to

General Assembly; Recommendations

for legislation.

§7 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.

(1851)


Governor may convene special

session of legislature with limited

purposes.

§8 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 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.

(1851, am. 1912)


When governor may adjourn the

legislature.

§9 In case of disagreement between

the two houses, in respect to the time

of adjournment, he shall have the power

to adjourn the General Assembly

to such time as he may think proper,

but not beyond the regular meetings

thereof.

(1851)


Governor is commander-in-chief of

militia.

§10 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.

(1851)


Governor may grant reprieves,

commutations and pardons.

§11 The governor shall have power,

after conviction, to grant reprieves,

commutations, and pardons, for all

crimes and offences, except treason

and cases of impeachment, upon such

conditions as the governor may think

proper; subject, however, to such regulations,

as to the manner of applying

for commutations and pardons, as may

be prescribed by law. Upon conviction

for treason, the governor 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. The governor

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 the governor’s

reasons therefor.

(1851, am. 1995)


Seal of the state, and by whom kept.

§12 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.”

(1851)


How grants and commissions issued.

§13 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

countersigned by the secretary of state.

(1851)


Who is ineligible for governor.

§14 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.

(1851)


Succession in case of vacancy in

office of governor.

§15 (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,

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 compensations of the office

of governor and that of lieutenant

governor, president of the Senate, or

speaker of the House of Representatives.

(1976)


Repealed. Referred to duties of

lieutenant governor.

§16

(1851, rep. 1976)


If a vacancy shall occur while

executing the office of governor,

who shall act.

§17 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 the vacancy until the newly

elected governor has qualified.

If by reason of death, resignation, or

disqualification, the governor-elect

shall 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.

(1976)


Filling a vacancy in the office of

lieutenant governor.

§17a 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.

(1989)


Governor to fill vacancies in key

state offices.

§18 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 is

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.

(1851, am. 1969)


Compensation of key state officers.

§19 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.

(1851)


Annual report of executive officers.

§20 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.

(1851)


Appointments to office; advice and

consent of Senate.

§21 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.

(1961)


Supreme Court to determine

disability of governor or governor

elect; succession.

§22 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 twentyone

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.

(1976)


Article Four: Judicial

Judicial power vested in court.

§1 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.

(1851, am. 1883, 1912, 1968, 1973)


Organization and jurisdiction of

Supreme Court.

§2 (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 obtaine

(c) In direct appeals fron the courts

of common pleas or other courts

of record inferior to the court of

appeals as a matter of right in

cases in which the death penalty

has been imposed.

(d) Such revisory jurisdiction of the

proceedings of administrative

officers or agencies as may be

conferred by law;

(e) 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;

(f) 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.

(1851, am. 1883, 1912, 1944, 1968,

1994)


Organization and jurisdiction of

court of appeals.

§3 (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, except

that courts of appeals shall not have

jurisdiction to review on direct appeal

a judgement that imposes a sentence

of death. Courts of appeals 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 the 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.

(1968, am. 1994)


Organization and jurisdiction of

common pleas court.

§4 (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 court 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 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.

(1968, am. 1973)


Powers and duties of Supreme

Court; rules.

§5 (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 or disqualification

matters involving judges

of courts established by law.

(1968, am. 1973)


Election of judges; compensation.

§6 (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.

(1968, am. 1973)


Repealed. Probate courts.

§7

(1851, am. 1912, 1947, 1951, rep.

1968)


Repealed. Probate court;

Jurisdiction.

§8

(1851, rep. 1968)


Repealed. Justices of the peace.

§9

(1851, rep. 1912)


Repealed. Other judges; election.

§10

(1851, rep. 1968)


Repealed. Classification of Supreme

Court judges.

§11

(1851, rep. 1883)


Repealed. Vacancies, how filled.

§12

(1851, am. 1912, rep. 1968)


Vacancy in office of judge, how

filled.

§13 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.

(1851, am. 1942)


Repealed. Referred to compensation

and ineligibility for other office

for Supreme Court justices and

common pleas judges.

§14

(1851, rep. 1968)


Changing number of judges;

establishing other courts.

§15 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.

(1851, am. 1912)


Repealed. Clerks of court elections.

§16

(1851, rep. 1933)


Judges removable.

§17 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.

(1851)


Powers and jurisdiction of judges.

§18 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.

(1851)


Courts of conciliation.

§19 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.

(1851)


Style of process, prosecution, and

indictment.

§20 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.”

(1851)


Supreme Court commission.

§[21]22 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 appointment 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 [each] 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.

(1875)


Judges in less populous counties;

service on more than one court.

§23 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 percent

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.

(1965)


Article Five: Elective Franchise

Who may vote.

§1 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.

(1851, am. 1923, 1957, 1970, 1976,

1977)


By ballot.

§2 All elections shall be by ballot.

(1851)


Names of candidates on ballot.

§2a 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.

(1949, am. 1975, 1976)


Repealed. Referred to the privilege

from arrest of voters during

elections.

§3

(1851, rep. 1976)


Exclusion from franchise.

§4 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.

(1851, am. 1976)


Repealed. Referred to those persons

not considered residents of the

state.

§5

(1851, rep. 1976)


Idiots or insane persons.

§6 No idiot, or insane person, shall be

entitled to the privileges of an elector.

(1851)


Primary elections.

§7 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.

(1912, am. 1975)


Term limits for U.S. senators and

representatives.

§8 No person shall hold the office of

United States Senator from Ohio for a

period longer that 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.

(1992)


Eligibility of officeholders.

§9 In determining the eligibility of an

individual to hold an office in accordance

with this article, (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.

(1992)


Article Six: Education

Funds for religious and educational

purposes.

§1 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.

(1851, am. 1968)


School funds.

§2 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.

(1851)


Public school system, boards of

education.

§3 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.

(1912)


State board of education.

§4 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.

(1912, am. 1953)


Loans for higher education.

§5 To increase opportunities to the

residents of the 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

re payment 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 Eight or of Section

11 of Article Twelve 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.

(1965)


Tuition credits program.

§6 (A) 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 maintain a program

for the sale of tuition credits such

that the proceeds of such credits purchased

for the benefit of a person then

a resident of this state shall be guaranteed

to cover a specified amount when

applied to the cost of tuition at any state

institution of higher education, and the

same or a different amount when applied

to the cost of tuition at any other

institution of higher education, as may

be provided by law.

(B) The tuition credits program and the

Ohio tuition trust fund previously created

by law, which terms include any

successor to that program or fund, shall

be continued subject to the same laws,

except as may hereafter be amended.

To secure the guarantees required by

division (A) of this section, the general

assembly shall appropriate money

sufficient to offset any deficiency that

occurs in the Ohio tuition trust fund, at

any time necessary to make payment

of the full amount of any tuition payment

or refund that would have been

required by a tuition payment contract,

except for the contract’s limit of payment

to money available in the trust

fund. Notwithstanding section 29 of

Article Two of this Constitution, or the

limitation of a tuition payment contract

executed before the effective date of

this section, such appropriations may

be made by a majority of the members

elected to each house of the general assembly,

and the full amount of any such

enhanced tuition payment or refund

may be disbursed to and accepted by

the beneficiary or purchaser. To these

ends there is hereby pledged the full

faith and credit and taxing power of the

state.

All assets that are maintained in the

Ohio tuition trust fund shall be used

solely for the purposes of that fund.

However, if the program is terminated

or the fund is liquidated, the remaining

assets after the obligations of the fund

have been satisfied in accordance with

law shall be transferred to the general

revenue fund of the state.

Laws shall be passed, which may precede

and be made contingent upon the

adoption of this amendment by the

electors, to provide that future conduct

of the tuition credits program shall be

consistent with this amendment. Nothing

in this amendment shall be construed

to prohibit or restrict any amendments

to the laws governing the tuition

credits program or the Ohio tuition trust

fund that are not inconsistent with this

amendment.

(1994)


Article Seven: Public Institutions

Insane, blind, and deaf and dumb.

§1 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.

(1851)


Directors of penitentiary, trustees

of benevolent and other state

institutions; how appointed.

§2 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.

(1851)


Filling vacancies in directorships of

state institutions.

§3 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.


(1851)Article Eight: Public Debt and

Public Works


Public debt; limit of deficit

spending by state.

§1 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.

(1851)


State may incur debts for defense or

to retire outstanding debts.

§2 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.

(1851)


Repealed. Referred to adjusted

compensation for service in World

War I.

§2a

(1921, rep. 1953)


Adjusted compensation for service

in World War II; World War II

veterans’ bonuses.

§2b The board of commissioners created

by section 8 of Article Eight 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 semiannual

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

semiannual 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 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 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 Two 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 Two compensation

fund. The General Assembly

of the state of Ohio may appropriate

and cause to be paid into the World

War Two compensation bond retirement

fund or the World War Two 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 Two 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

Two 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 [RC §5735.05, 5735.25, 4303.02]

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 part of each 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 Two compensation

bond retirement fund, herein

above

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 Two 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

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

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

Two compensation bond retirement fund

in the treasury of the state. The World

War Two 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 Two 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

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 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.

(1947)


Construction of state highway

system.

§2c 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 twentyfive

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 semiannual

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 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.

(1953)


Korean War veterans’ bonuses.

§2d The board of commissioners created

by section 8 of Article Eight 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

readvertise and reoffer 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 shall not be

considered in applying any limitation

or aggregate tax rates now or hereafter

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 25th 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

Veteran’s 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 Two Compensation

Fund”, created by section 2b

of Article Eight 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 limitations

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.

(1956)


Providing means for securing funds

for highway and public building

construction.

§2e The state may borrow money and

issue bonds or other obligations there

for 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 supposed 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. Note 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.

(1955)


Authorizing bond issue to provide

school classrooms, support for

universities, for recreation and

conservation and for state buildings.

§2f In addition to the authorization in

Article Eight, 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 seventyfive

million dollars shall be issued for

the state supported or assisted college

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 Eight,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 Eight, 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 Eight,

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 Eight,

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 Eight, 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.

(1963)


Authorizing bond issue or

other obligations for highway

construction.

§2g 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 rightsofway,

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 extensions

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 Eight, 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.

(1964)


Bond issue for state development.

§2h 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.

(1965)


Capital improvement bonds.

§2i In addition to the authorization

otherwise contained in Article Eight 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

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

supposed 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 supposed 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 of

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 the

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 Two,

Ohio Constitution; provided that the

moneys referred to in Section 5a of

Article Twelve, 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 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.

(1968)Vietnam conflict compensation fund.

§2j The board of commissioners created

by section 8 of Article Eight 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 to be 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 survivor’s 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 Eight 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.

(1973)


Issuance of bonds for local

government public infrastructure

capital improvements.

§2k (A) In addition to the authorization

otherwise contained in Article

Eight 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 in to 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 Two,

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

Twelve Ohio Constitution.

(3) The moneys referred to in Section

5a of Article Twelve, 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.

(1987)


Parks, recreation, and natural

resources project capital

improvements.

§2l (A) In addition to the authorizations

otherwise contained in Article

Eight 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 are

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

Two, Ohio Constitution, no further act

of appropriation shall be necessary

for that purpose. The moneys referred

to in Section 5a of Article Twelve, 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 Twelve 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

Eight, 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.

(1993)


Issuance of general obligations.

§2m (A) In addition to the authorizations

otherwise contained in Article

Eight 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, and the

cost of highway capital improvements.

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

to or incidental thereto, and shall

include without limitation the cost of

acquisition, construction, reconstruction,

expansion, improvement, planning,

and equipping. As used in this

section, highway capital improvements

shall be limited to highways, including

those on the state highway system and

urban extensions thereof, those within

or leading to public parks or recreation

areas, and those within or leading to

municipal corporations, and 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

and highway capital improvements are

necessary to preserve and expand the

public capital infrastructure of the state

and its 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) Not more than one hundred twenty

million dollars principal amount of the

infrastructure obligations authorized to

be issued under this section, plus the

principal amount of infrastructure obligations

that in any prior fiscal years

could have been but were not issued

within the one-hundred-twenty-million-

dollar fiscal year limit, may be

issued in any fiscal year, provided that

the aggregate total principal amount of

infrastructure obligations issued under

this section for public infrastructure

capital improvements may not exceed

one billion two hundred million dollars;

and provided further that no infrastructure

obligations shall be issued

pursuant to this section until at least

one billion one hundred ninety-nine

million five hundred thousand dollars

aggregate principal amount of obligations

have been issued pursuant to section

2k of Article Eight. Not more than

two hundred twenty millon dollars

principal amount of highway obligations

authorized to be issued under this

section, plus the principal amount of

highway obligations that in any prior

fiscal years could have been but were

not issued within the two-hundredtwenty-

million-dollar fiscal year limit,

may be issued in any fiscal year, and

not more than one billion two hundred

million dollars principal amount of

highway obligations issued under this

section may be outstanding at any one

time. Further limitations may be provided

by law upon the amount of infrastructure

obligations and highway

obligations, hereinafter collectively

called obligations, that may be issued

under this section in any fiscal year in

order that the total debt charges of the

state payable from the general revenue

fund 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 fiscal 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.

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

or highway capital improvement

under this section with municipal corporations,

counties, townships, or other

governmental entities as designated by

law, or any one or more of them. Such

participation may be by grants, loans,

or contributions to them for any such

capital improvements. The entire proceeds

of the infrastructure obligations

shall be used for 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

reasonably be compensated from such

moneys for planning, financial management,

or administrative services

performed in relation to the issuance of

infrastructure obligations.

(D) Each issue of obligations shall

mature in not more than thirty years

from the date of issuance, or, if issued

to retire or refund other obligations,

within thirty years from the date the

debt originally was 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 bonds in anticipation of

which such notes have been issued.

The obligations 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 premium and interest

and other accreted amounts on outstanding

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 Two, 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

by governmental entities of any loans

made under this section are not subject

to Sections 5, 6, and 11 of Article Twelve,

Ohio Constitution.

The moneys referred to in Section 5a

of Article Twelve, Ohio Constitution may

be pledged to the payment of debt service

on highway obligations, but may

not be pledged to the payment of debt

service on infrastructure obligations.

In each year that moneys referred to in

Section 5a of Article Twelve, Ohio Constitution

pledged to the payment of debt

service on highway obligations issued

under this section are available for

such purpose, such moneys shall be

appropriated thereto and the required

application of any other excises and

taxes shall be reduced in corresponding

amount.

The obligations issued under authority

of this section, the transfer thereof, and

the interest, interest equivalent, and

other income and accreted amounts

therefrom, including any profit made

on the sale, exchange, or other disposition

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, including provision for the

procedure for incurring and issuing

obligations, separately or in combination

with other state obligations, and

refunding, retiring, and evidencing obligations.

(F) The authorizations in this section

are in addition to authorizations contained

in other sections of Article Eight,

Ohio Constitution, are in addition to

and not a limitation upon the authority

of the general assembly under other

provisions of this constitution, and do

not impair any law previously enacted

by the general assembly, except that after

December 31, 1996, no additional

highway obligations of the state may

be issued for any highway purposes

under Section 2i of Article Eight, Ohio

Constitution, except to refund highway

obligations issued under section 2i that

are outstanding on that date.

(1995)


Facilities for system of common

schools and facilities for statesupported

and state-assisted

institutions of higher education.

§2n (A) The General Assembly may

provide by law, subject to the limitations

of and in accordance with this

section, for the issuance of bonds

and other obligations of the state for

the purpose of paying costs of facilities

for a system of common schools

throughout the state and facilities for

state-supported and state-assisted institutions

of higher education. As used

in this section, “costs” includes, without

limitation, the costs of acquisition,

construction, improvement, expansion,

planning, and equipping.

(B) Each obligation issued under this

section shall mature no later than the

thirty-first day of December of the

twenty-fifth calendar year after its issuance

except that obligations issued

to refund other obligations shall mature

not later than the thirty-first day of

December of the twenty-fifth calendar

year after the year in which the original

obligation to pay was issued or entered

into.

(C) 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 debt service

on those outstanding obligations as it

becomes due. For purposes of the full

and timely payment of that debt service,

appropriate provisions shall be

made or authorized by law for bond

retirement funds, for the sufficiency

and appropriation of excises, taxes,

and revenues so pledged to that debt

service, for which purpose, notwithstanding

Section 22 of Article Two of the

Ohio Constitution, no further act of

appropriation shall be necessary, and

for covenants to continue the levy, collection,

and application of sufficient

excises, taxes, and revenues to the

extent needed for that purpose. Those

obligations and the provisions for the

payment of debt service on them are

not subject to Sections 5, 6, and 11 of

Article Twelve of the Ohio Constitution.

Moneys referred to in Section 5a of

Article Twelve of the Ohio Constitution

may not be pledged or used for the

payment of the debt service on those

obligations. Moneys consisting of net

state lottery proceeds may be pledged

or used for payment of debt service on

obligations issued under this section to

pay costs of facilities for a system of

common schools, but not on obligations

issued under this section to pay

costs of facilities for state-supported

and state-assisted institutions of higher

education.

In the case of the issuance of any of

those obligations as bond anticipation

notes, provision shall be made by law

or in the bond or note proceedings for

the establishment and the maintenance,

during the period the notes are outstanding,

of special funds into which

there shall be paid, from the sources

authorized for payment of the bonds

anticipated, the amount that would

have been sufficient to pay the principal

that would have been payable on

those bonds during that period if bonds

maturing serially in each year over the

maximum period of maturity referred

to in division (B) of this section had

been issued without the prior issuance

of the notes. Those special funds and

investment income on them shall be

used solely for the payment of principal of

those notes or of the bonds anticipated.

(D) As used in this section, “debt service”

means principal and interest and

other accreted amounts payable on the

obligations referred to.

(E) Obligations issued under this section,

their transfer, and the interest,

interest equivalent, and other income

or accreted amounts on them, including

any profit made on their sale, exchange,

or other disposition, 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 the General Assembly by law, including

provision for the procedure for

incurring, refunding, retiring, and evidencing

obligations issued as referred

to in this section. The total principal

amount of obligations issued under

this section shall be as determined by

the General Assembly, subject to the

limitation provided for in Section 17 of

this article.

(G) The authorizations in this section

are in addition to authorizations contained

in other sections of this article,

are in addition to and not a limitation

upon the authority of the General Assembly

under other provisions of this

Constitution, and do not impair any

law previously enacted by the General

Assembly.

(1999)


Issuance of bonds and other

obligations for environmental

conservation and revitalization

purposes.

§2o (A) It is determined and confirmed

that the environmental and related

conservation, preservation, and revitalization

purposes referred to in divisions

(A)(1) and (2) of this section, and

provisions for them, are proper public

purposes of the state and local governmental

entities and are necessary and

appropriate means to improve the quality

of life and the general and economic

well-being of the people of this state;

to better ensure the public health, safety,

and welfare; to protect water and

other natural resources; to provide for

the conservation and preservation of

natural and open areas and farmlands,

including by making urban areas more

desirable or suitable for development

and revitalization; to control, prevent,

minimize, clean up, or remediate certain

contamination of or pollution from

lands in the state and water contamination

or pollution; to provide for safe

and productive urban land use or reuse;

to enhance the availability, public use,

and enjoyment of natural areas and

resources; and to create and preserve

jobs and enhance employment opportunities.

Those purposes are:

(1) Conservation purposes, meaning

conservation and preservation of natural

areas, open spaces, and farmlands

and other lands devoted to agriculture,

including by acquiring land or interests

therein; provision of state and local

park and recreation facilities, and other

actions that permit and enhance the

availability, public use, and enjoyment

of natural areas and open spaces in

Ohio; and land, forest, water, and other

natural resource management projects;

(2) Revitalization purposes, meaning

providing for and enabling the environmentally

safe and productive development

and use or reuse of publicly and

privately owned lands, including those

within urban areas, by the remediation

or clean up, or planning and assessment

for remediation or clean up, of

contamination, or addressing, by clearance,

land acquisition or assembly, infrastructure,

or otherwise, that or other

property conditions or circumstances

that may be deleterious to the public

health and safety and the environment

and water and other natural resources,

or that preclude or inhibit environmentally

sound or economic use or reuse of

the property.

(B) The General Assembly may provide

by law, subject to the limitations

of and in accordance with this section,

for the issuance of bonds and other obligations

of the state for the purpose of

paying costs of projects implementing

those purposes.

(1) Not more than two hundred million

dollars principal amount of obligations

issued under this section for conservation

purposes may be outstanding

in accordance with their terms at any

one time. Not more than fifty million

dollars principal amount of those obligations,

plus the principal amount of

those obligations that in any prior fiscal

year could have been but were not

issued within the fifty-million-dollar

fiscal year limit, may be issued in any

fiscal year. Those obligations shall be

general obligations of the state and the

full faith and credit, revenue, and taxing

power of the state shall be pledged

to the payment of debt service on them

as it becomes due, all as provided in

this section.

(2) Not more than two hundred million

dollars principal amount of obligations

issued under this section for revitalization

purposes may be outstanding

in accordance with their terms at any

one time. Not more than fifty million

dollars principal amount of those obligations,

plus the principal amount of

those obligations that in any prior fiscal

year could have been but were not

issued within the fifty-million-dollar

fiscal year limit, may be issued in any

fiscal year. Those obligations shall not

be general obligations of the state and

the full faith and credit, revenue, and

taxing power of the state shall not be

pledged to the payment of debt service

on them. Those obligations shall be secured

by a pledge of all or such portion

of designated revenues and receipts of

the state as the General Assembly authorizes,

including receipts from designated

taxes or excises, other state

revenues from sources other than state

taxes or excises, such as from state enterprise

activities, and payments for or

related to those revitalization purposes

made by or on behalf of local governmental

entities, responsible parties, or

others. The General Assembly shall

provide by law for prohibitions or restrictions

on the granting or lending of

proceeds of obligations issued under

division (B)(2) of this section to parties

to pay costs of cleanup or remediation

of contamination for which they are

determined to be responsible.

(C) For purposes of the full and timely

payment of debt service on state obligations

authorized by this section,

appropriate provision shall be made

or authorized by law for bond retirement

funds, for the sufficiency and appropriation

of state excises, taxes, and

revenues pledged to the debt service on

the respective obligations, for which

purpose, notwithstanding Section 22

of Article Two of the Ohio Constitution,

no further act of appropriation shall be

necessary, and for covenants to continue

the levy, collection, and application

of sufficient state excises, taxes,

and revenues to the extent needed for

those purposes. Moneys referred to in

Section 5a of Article Twelve of the Ohio

Constitution may not be pledged or

used for the payment of debt service on

those obligations.

As used in this section, “debt service”

means principal and interest and other

accreted amounts payable on the obligations

referred to.

(D)(1) Divisions (B) and (C) of this

section shall be implemented in the

manner and to the extent provided by

the General Assembly by law, including

provision for procedures for incurring,

refunding, retiring, and evidencing

state obligations issued pursuant

to this section. Each state obligation

issued pursuant to this section shall

mature no later than the thirty-first day

of December of the twenty-fifth calendar

year after its issuance, except that

obligations issued to refund or retire

other obligations shall mature not later

than the thirty-first day of December of

the twenty-fifth calendar year after the

year in which the original obligation to

pay was issued or entered into.

(2) In the case of the issuance of state

obligations under this section as bond

anticipation notes, provision shall be

made by law or in the bond or note

proceedings for the establishment, and

the maintenance during the period the

notes are outstanding, of special funds

into which there shall be paid, from

the sources authorized for payment of

the particular bonds anticipated, the

amount that would have been sufficient

to pay the principal that would have

been payable on those bonds during

that period if bonds maturing serially

in each year over the maximum period

of maturity referred to in division

(D)(1) of this section had been issued

without the prior issuance of the notes.

Those special funds and investment income

on them shall be used solely for

the payment of principal of those notes

or of the bonds anticipated.

(E) In addition to projects undertaken

by the state, the state may participate

or assist, by grants, loans, loan guarantees,

or contributions, in the financing

of projects for purposes referred to in

this section that are undertaken by local

governmental entities or by others,

including, but not limited to, not-forprofit

organizations, at the direction

or authorization of local governmental

entities. Obligations of the state issued

under this section and the provisions

for payment of debt service on them,

including any payments by local governmental

entities, are not subject to

Sections 6 and 11 of Article Twelve of the

Ohio Constitution. Those obligations,

and obligations of local governmental

entities issued for the public purposes

referred to in this section, and provisions

for payment of debt service on

them, and the purposes and uses to

which the proceeds of those state or local

obligations, or moneys from other

sources, are to be or may be applied,

are not subject to Sections 4 and 6 of

Article Eight of the Ohio Constitution.

(F) The powers and authority granted

or confirmed by and under this section,

and the determinations and confirmations

in this section, are independent

of, in addition to, and not in derogation

of or a limitation on, powers, authority,

determinations, or confirmations under

laws, charters, ordinances, or resolutions,

or by or under other provisions

of the Ohio Constitution including,without

limitation, Section 36 of Article

II, Sections 2i, 2l, 2m, and 13 of

Article Eight, and Articles Ten and Eighteen,

and do not impair any previously adopted

provision of the Ohio Constitution

or any law previously enacted by

the General Assembly.

(G) Obligations issued under this section,

their transfer, and the interest,

interest equivalent, and other income

or accreted amounts on them, including

any profit made on their sale, exchange,

or other disposition, shall at all

times be free from taxation within the

state.

(2000)


Issuance of bonds for economic and

educational purposes and local

government projects.

§2p (A) It is determined and confirmed

that the development purposes referred

to in this division, and provisions for

them, are proper public purposes of

the state and local governmental entities

and are necessary and appropriate

means to create and preserve jobs and

enhance employment and educational

opportunities; to improve the quality

of life and the general and economic

well-being of all the people and businesses

in all areas of this state, including

economically disadvantaged businesses

and individuals; and to preserve

and expand the public capital infrastructure;

all to better ensure the public

health, safety, and welfare. Those

purposes are:

(1) Public infrastructure capital improvements,

which 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

to or incidental thereto, and shall

include, without limitation, the cost of

acquisition, construction, reconstruction,

expansion, improvement, planning,

and equipping;

(2) Research and development in support

of Ohio industry, commerce, and

business (hereinafter referred to as “research

and development purposes”),

which shall include, without limitation,

research and product innovation,

development, and commercialization

through efforts by and collaboration

among Ohio business and industry,

state and local public entities and

agencies, public and private education

institutions, or research organizations

and institutions, all as may be further

provided for by state or local law, but

excluding purposes provided for in

Section 15 of Article Eight, Ohio Constitution;

and

(3) Development of sites and facilities

in Ohio for and in support of industry,

commerce, distribution, and research

and development purposes.

(B) The General Assembly may provide

by law, in accordance with but

subject to the limitations of this section,

for the issuance of general obligation

bonds and other obligations of

the state for the purpose of financing or

assisting in the financing of the cost of

projects implementing those purposes.

(1) Not more than one billion three

hundred fifty million dollars principal

amount of state general obligations

may be issued under this section

for public infrastructure capital improvements.

Not more than one hundred

twenty million dollars principal

amount of those obligations may be

issued in each of the first five fiscal

years of issuance and not more than

one hundred fifty million dollars principal

amount of those obligations may

be issued in each of the next five fiscal

years of issuance, plus in each case the

principal amount of those obligations

that in any prior fiscal year could have

been but were not issued within those

fiscal year limits. No infrastructure

obligations may be issued pursuant to

this division and division (C) of this

section until at least one billion one

hundred ninety-nine million five hundred

thousand dollars aggregate principal

amount of state infrastructure

obligations have been issued pursuant

to Section 2m of Article Eight, Ohio

Constitution.

(2) Not more than one billion two hundred

million dollars principal amount

of state general obligations may be issued

under this section for research

and development purposes. Not more

than four hundred fifty million dollars

principal amount of those obligations

may be issued in total from fiscal years

2006 through 2011, not more than two

hundred twenty-five million dollars

principal amount of those obligations

may be issued in the next fiscal year of

issuance, and not more than one hundred

seventy-five million dollars principal

amount of those obligations may

be issued in any other fiscal year, plus

in each case the principal amount of

those obligations that in any prior fiscal

year could have been but were not

issued.

(3) Not more than one hundred fifty

million dollars principal amount of

state general obligations may be issued

under this section for development of

sites and facilities for industry, commerce,

distribution, and research and

development purposes. Not more than

thirty million dollars principal amount

of those obligations may be issued in

each of the first three fiscal years of issuance,

and not more than fifteen million

dollars principal amount of those

obligations may be issued in any other

fiscal year, plus in each case the principal

amount of those obligations that

in any prior fiscal year could have been

but were not issued.

(C) Each issue of state general obligations

for public infrastructure capital

improvements or development of sites

and facilities shall mature in not more

than thirty years from the date of issuance,

and each issue of state general

obligations for research and development

purposes shall mature in not more

than twenty years from the date of issuance;

or, if issued to retire or refund

other obligations, within that number of

years from the date the debt being retired

or refunded was originally issued.

If state general 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 the permitted period

of 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

or bonds in anticipation of which such

notes have been issued. Notwithstanding

anything to the contrary in Section

2k or 2m of Article Eight, obligations

issued under this section or Section

2k or 2m to retire or refund obligations

previously issued under this section or

Section 2k or 2m shall not be counted

against the fiscal year or total issuance

limitations provided in this section or

Section 2k or 2m, as applicable.

The obligations issued under this division

and division (B) of 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

premium and interest and other accreted

amounts on outstanding obligations

as they become due (hereinafter called

debt service), 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 debt service, of excises, taxes,

and revenues so pledged or committed

to 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 Two, 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

by governmental entities of any loans

made under this section, are not subject

to Sections 5, 6, and 11 of Article

Twelve, Ohio Constitution. Moneys referred

to in Section 5a of Article Twelve,

Ohio Constitution may not be pledged

or used for the payment of that debt

service. Debt service on obligations

issued for research and development

purposes and for development of sites

and facilities shall not be included in

the calculation of total debt service for

purposes of division (A) of Section 17

of Article Eight, Ohio Constitution.

(D)(1) The state may participate in

any public infrastructure capital improvement

under this section with

municipal corporations, counties,

townships, or other governmental entities

as designated by law, or any one

or more of them. Such participation

may be by grants, loans, or contributions

to them for any such capital improvements.

The entire proceeds of the

infrastructure obligations shall be used

for 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 reasonably be

compensated from such moneys for

planning, financial management, or

administrative services performed in

relation to the issuance of infrastructure

obligations.

(2)(A) Implementation of the research

and development purposes includes

supporting any and all related matters

and activities, including: attracting

researchers and research teams by endowing

research chairs or otherwise;

activities to develop and commercialize

products and processes; intellectual

property matters such as copyrights

and patents; property interests, including

time sharing arrangements; and

financial rights and matters such as

royalties, licensing, and other financial

gain or sharing resulting from research

and development purposes. State and

local public moneys, including the

proceeds of bonds, notes, and other

obligations, may be used to pay costs

of or in support of or related to these

research and development purposes,

including, without limitation, capital

formation, direct operating costs, costs

of research and facilities, including interests

in real property therefor, and

support for public and private institutions

of higher education, research organizations

or institutions, and private

sector entities. The exercise of these

powers by the state and state agencies,

including state-supported and state-assisted

institutions of higher education,

and local public entities and agencies,

may be jointly or in coordination with

each other, with researchers or research

organizations and institutions, with

private institutions of higher education,

with individuals, or with private

sector entities. State and local public

participation may be in such manner

as the entity or agency determines, including

by any one or a combination of

grants, loans including loans to lenders

or the purchase of loans, subsidies,

contributions, advances, or guarantees,

or by direct investments of or payment

or reimbursement from available moneys,

or by providing staffing or other

support, including computer or other

technology capacity, or equipment or

facilities, including interests in real

property therefor, and either alone or

jointly, in collaborative or cooperative

ventures, with other public agencies

and private sector entities including not

for profit entities. In addition to other

state-level monetary participation as

referred to in this section or otherwise,

state-supported and state-assisted institutions

of higher education may, as

authorized from time to time by the

General Assembly, issue obligations

to pay costs of participating in and

implementing research and development

purposes. In addition to the other

obligations authorized in or pursuant

to this section, the General Assembly

also may authorize the state and

state agencies and local public entities

and agencies, and corporations not for

profit designated by any of them as

such agencies or instrumentalities, to

issue obligations to borrow and loan

or otherwise provide moneys for research

and development purposes, including,

but not limited to, obligations

for which moneys raised by taxation

shall not be obligated or pledged for

the payment of debt service and which

are therefore not subject to Sections 5,

6, and 11 of Article Twelve, Ohio Constitution.

(b) Implementation of the research and

development purposes shall include

utilization of independent reviewers to

review the merits of proposed research

and development projects and to make

recommendations concerning which

proposed projects should be awarded

support from the proceeds of the sale

of obligations under this section. Prior

to the utilization of an independent reviewer,

the state agency proposing to

award the support for a project shall

provide the name and other descriptive

information regarding the independent

reviewer to the Governor, the President

and Minority Leader of the Senate,

and the Speaker and Minority Leader

of the House of Representatives. If the

recommendations of an independent

reviewer with respect to a proposed

project are not adopted by the state

agency proposing to award the support

for the project, the agency shall

notify the Governor, the President and

Minority Leader of the Senate, and the

Speaker and Minority Leader of the

House of Representatives of that fact

and explain the reasons for not adopting

the recommendations.

(c) From the proceeds of the sale of obligations

issued under this section, not

more than four hundred fifty million

dollars may be awarded, promised,

or otherwise committed in total for

research and development purposes

from fiscal years 2006 through 2011,

not more than two hundred twentyfive

million dollars may be awarded,

promised, or otherwise committed for

research and development purposes

in fiscal year 2012, and not more than

one hundred seventy-five million dollars

may be awarded, promised, or

otherwise committed for research and

development purposes in any other fiscal

year beginning in fiscal year 2013

and thereafter, plus in each case the

amount of the proceeds that in any prior

fiscal year could have been but were

not awarded.

(3) Development of sites and facilities

for and in support of industry, commerce,

distribution, and research and

development purposes includes acquisition

of real estate and interests in

real estate, site preparation including

any necessary remediation and cleanup,

constructing and improving facilities,

and providing public infrastructure

capital improvements and other

transportation and communications

infrastructure improvements for and

in support of the use of those sites and

facilities for those purposes. State and

local public moneys, including the proceeds

of bonds, notes, and other obligations,

may be used to pay costs of

those purposes. The exercise of these

powers by the state and state agencies

and local public entities and agencies,

may be jointly or in coordination with

each other, and with individuals or

private sector business entities. State

and local public participation may be

in such manner as the entity or agency

determines, including by any one or a

combination of grants, loans including

loans to lenders or the purchase

of loans, subsidies, contributions,

advances, or guarantees, or by direct

investments of or payment or reimbursement

from available moneys. In

addition to other state-level monetary

participation as referred to in this section

or otherwise, state-supported and

state-assisted institutions of higher

education, and local public entities and

agencies may, as authorized from time

to time by the General Assembly, issue

obligations to pay costs of participating

in and implementing the development

of sites and facilities.

(E) Obligations issued under authority

of this section for research and development

purposes and site and facility

development purposes, provisions for

the payment of debt service on them,

the purposes and uses to which and

the manner in which the proceeds of

those obligations or moneys from other

sources are to or may be applied, and

other implementation of those development

purposes as referred to in this

section, are not subject to Sections 4

and 6 of Article Eight, Ohio Constitution.

Obligations issued under authority

of this section, the transfer thereof,

and the interest, interest equivalent, and

other income and accreted amounts

therefrom, including any profit made

on the sale, exchange, or other disposition

thereof, shall at all times be free

from taxation within the state.(F) This section shall otherwise be

implemented in the manner and to the

extent provided by law by the General

Assembly, including provision for the

procedure for incurring and issuing obligations,

separately or in combination

with other obligations, and refunding,

retiring, and evidencing obligations;

provision for ensuring the accountability

of all state funding provided for

the development purposes referred to

in division (A) of this section; provision

for restricting or limiting the taking

of private property under Section

19 of Article One for disposition to private

sector entities for the purposes identified

in divisions (A)(2) and (3) of this

section or restricting the disposition of

that property to private sector entities

or individuals; and provision for the

implementation of the development

purposes referred to in division (A) of

this section to benefit people and businesses

otherwise qualified for receipt

of funding for the development purposes

referred to in division (A) of this

section, including economically disadvantaged

businesses and individuals in

all areas of this state, including by the

use to the extent practicable of Ohio

products, materials, services, and labor.

(G) The powers and authority granted

or confirmed by and under, and the determinations

in, this section are independent

of, in addition to, and not in

derogation of or a limitation on, powers,

authority, determinations, or confirmations

under laws or under other

provisions of the Ohio Constitution

including, without limitation, Section

7 of Article One, Section 5 of Article Six,

Sections 2i, 2n, 2o, 13, and 15 of Article

Eight, Article Ten, and Section 3 of

Article Eighteen, and do not impair any

previously adopted provisions of the

Ohio Constitution or any law previously

enacted by the General Assembly or

by a local public agency.

(2005, 2010)


Issuance of Bonds for Continuation

of Environmental Revitalization and

Conservation.

§2q. (A) It is determined and

confirmed that the environmental and

related conservation, preservation,

and revitalization purposes referred

to in divisions (A)(1) and (2) of this

section, and provisions for them, are

proper public purposes of the state

and local governmental entities and

are necessary and appropriate means

to improve the quality of life and the

general and economic well-being

of the people of this state; to better

ensure the public health, safety, and

welfare; to protect water and other

natural resources; to provide for the

conservation and preservation of

natural and open areas and farmlands,

including by making urban areas more

desirable or suitable for development

and revitalization; to control, prevent,

minimize, clean up, or remediate

certain contamination of or pollution

from lands in the state and water

contamination or pollution; to provide

for safe and productive urban land use

or reuse; to enhance the availability,

public use, and enjoyment of natural

areas and resources; and to create

and preserve jobs and enhance

employment opportunities. Those

purposes are:

(1) Conservation purposes, meaning

conservation and preservation of

natural areas, open spaces, and

farmlands and other lands devoted to

agriculture, including by acquiring

land or interests therein; provision

of state and local park and recreation

facilities, and other actions that

permit and enhance the availability,

public use, and enjoyment of natural

areas and open spaces in Ohio; and

land, forest, water, and other natural

resource management projects;

(2) Revitalization purposes, meaning

providing for and enabling the

environmentally safe and productive

development and use or reuse

of publicly and privately owned

lands, including those within urban

areas, by the remediation or clean

up, or planning and assessment

for remediation or clean up, of

contamination, or addressing,

by clearance, land acquisition or

assembly, infrastructure, or otherwise,

that or other property conditions or

circumstances that may be deleterious

to the public health and safety and

the environment and water and other

natural resources, or that preclude

or inhibit environmentally sound

or economic use or reuse of the

property.

(B) The General Assembly may

provide by law, subject to the

limitations of and in accordance

with this section, for the issuance

of bonds and other obligations of

the state for the purpose of paying

costs of projects implementing those

purposes.

(1) Not more than two hundred

million dollars principal amount of

obligations issued under this section

for conservation purposes may be

outstanding in accordance with their

terms at any one time. Not more

than fifty million dollars principal

amount of those obligations, plus the

principal amount of those obligations

that in any prior fiscal year could

have been but were not issued within

the fifty-million-dollar fiscal year

limit, may be issued in any fiscal

year. Those obligations shall be

general obligations of the state and

the full faith and credit, revenue,

and taxing power of the state shall

be pledged to the payment of debt

service on them as it becomes due, all

as provided in this section.

(2) Not more than two hundred

million dollars principal amount of

obligations issued under this section

for revitalization purposes may be

outstanding in accordance with their

terms at any one time. Not more

than fifty million dollars principal

amount of those obligations, plus the

principal amount of those obligations

that in any prior fiscal year could

have been but were not issued within

the fifty-million-dollar fiscal year

limit, may be issued in any fiscal

year. Those obligations shall not be

general obligations of the state and

the full faith and credit, revenue, and

taxing power of the state shall not

be pledged to the payment of debt

service on them. Those obligations

shall be secured by a pledge of

all or such portion of designated

revenues and receipts of the state as

the General Assembly authorizes,

including receipts from designated

taxes or excises, other state revenues

from sources other than state taxes or

excises, such as from state enterprise

activities, and payments for or related

to those revitalization purposes made

by or on behalf of local governmental

entities, responsible parties, or others.

The general assembly shall provide

by law for prohibitions or restrictions

on the granting or lending of proceeds

of obligations issued under division

(B)(2) of this section to parties to

pay costs of cleanup or remediation

of contamination for which they are

determined to be responsible.

(C) For purposes of the full and timely

payment of debt service on state

obligations authorized by this section,

appropriate provision shall be made or

authorized by law for bond retirement

funds, for the sufficiency and

appropriation of state excises, taxes,

and revenues pledged to the debt

service on the respective obligations,

for which purpose, notwithstanding

Section 22 of Article Two of the Ohio

Constitution, no further act of

appropriation shall be necessary,

and for covenants to continue the

levy, collection, and application of

sufficient state excises, taxes, and

revenues to the extent needed for

those purposes. Moneys referred to in

Section 5a of Article Twelve of the Ohio

Constitution may not be pledged or

used for the payment of debt service

on those obligations.

As used in this section, "debt service"

means principal and interest and other

accreted amounts payable on the

obligations referred to.

(D)(1) Divisions (B) and (C) of this

section shall be implemented in the

manner and to the extent provided

by the General Assembly by law,

including provision for procedures

for incurring, refunding, retiring, and

evidencing state obligations issued

pursuant to this section. Each state

obligation issued pursuant to this

section shall mature no later than

the thirty-first day of December of

the twenty-fifth calendar year after

its issuance, except that obligations

issued to refund or retire other

obligations shall mature not later than

the thirty-first day of December of the

twenty-fifth calendar year after the

year in which the original obligation

to pay was issued or entered into.

(2) In the case of the issuance of state

obligations under this section as bond

anticipation notes, provision shall be

made by law or in the bond or note

proceedings for the establishment, and

the maintenance during the period the

notes are outstanding, of special funds

into which there shall be paid, from

the sources authorized for payment

of the particular bonds anticipated,

the amount that would have been

sufficient to pay the principal that

would have been payable on those

bonds during that period if bonds

maturing serially in each year over the

maximum period of maturity referred

to in division (D)(1) of this section

had been issued without the prior

issuance of the notes. Those special

funds and investment income on them

shall be used solely for the payment

of principal of those notes or of the

bonds anticipated.

(E) In addition to projects undertaken

by the state, the state may participate

or assist, by grants, loans, loan

guarantees, or contributions, in the

financing of projects for purposes

referred to in this section that are

undertaken by local governmental

entities or by others, including,

but not limited to, not-for-profit

organizations, at the direction or

authorization of local governmental

entities. Obligations of the state issued

under this section and the provisions

for payment of debt service on

them, including any payments by

local governmental entities, are

not subject to Sections 6 and 11 of

Article Twelve of the Ohio Constitution.

Those obligations, and obligations

of local governmental entities issued

for the public purposes referred to

in this section, and provisions for

payment of debt service on them,

and the purposes and uses to which

the proceeds of those state or local

obligations, or moneys from other

sources, are to be or may be applied,

are not subject to Sections 4 and 6 of

Article Eight of the Ohio Constitution.

(F) The powers and authority granted

or confirmed by and under this

section, and the determinations and

confirmations in this section, are

independent of, in addition to, and

not in derogation of or a limitation

on, powers, authority, determinations,

or confirmations under laws,

charters, ordinances, or resolutions,

or by or under other provisions of

the Ohio Constitution including,

without limitation, Section 36 of

Article Two, Sections 2i, 2l, 2m, 2o,

and 13 of Article Eight, and Articles

Ten and Eighteen, and do not impair

any previously adopted provision

of the Ohio Constitution or any law

previously enacted by the General

Assembly.

(G) Obligations issued under this

section, their transfer, and the

interest, interest equivalent, and other

income or accreted amounts on them,

including any profit made on their

sale, exchange, or other disposition,

shall at all times be free from taxation

within the state.

(2008)


Persian Gulf, Afghanistan, and Iraq

Conflicts Compensation Fund

§2r. (A) Upon the request of the

department of veterans services, the

Ohio public facilities commission

shall proceed to issue and sell,

from time to time, bonds or other

obligations of the state in such

amounts as are necessary to provide

all or part of the funds as may be

required to pay the compensation

established by, and the expenses

of administering, this section.

The original principal amount of

obligations so issued shall not exceed

two hundred million dollars, provided

that obligations issued under this

section to retire or refund obligations

previously issued under this section

shall not be counted against that

issuance limitation. The full faith and

credit, revenue, and taxing power

of the state is hereby pledged for

payment of debt service on such

obligations issued under this section,

and the state covenants to continue

the levy, collection, and application

of sufficient state excises, taxes, and

revenues to the extent needed for

those purposes; provided that moneys

referred to in Section 5a of Article

Twelve of the Constitution of the State

of Ohio may not be pledged or used

for the payment of debt service. As

used in this section, “debt service”

means principal and interest and other

accreted amounts payable on the

obligations authorized by this section.

Each obligation so issued shall

mature not later than the thirty-first

day of December of the fifteenth

calendar year after its issuance,

except that obligations issued to

refund obligations under this section

shall mature not later than the

thirty-first day of December of the

fifteenth calendar year after the year

in which the original obligation was

issued. Except for obligations issued

under this section to retire or refund

obligations previously issued under

this section, no obligations shall be

issued under this section later than

December 31, 2013.

In the case of the issuance of any

obligations under this section as

bond anticipation notes, provision

shall be made in the bond or note

proceedings for the establishment, and

the maintenance during the period the

notes are outstanding, of special funds

into which there shall be paid, from

the sources authorized for payment

of the bonds anticipated, the amount

that would have been sufficient to pay

the principal that would have been

payable on those bonds during that

period if bonds maturing serially in

each year over the maximum period

of maturity referred to in this section

had been issued without the prior

issuance of the notes. Those special

funds and investment income on them

shall be used solely for the payment

of debt service on those notes or the

bonds anticipated.

The obligations issued under this

section, their transfer, and the interest,

interest equivalent, and other income

thereon, including any profit made

on their sale, exchange, or other

disposition, shall at all times be free

from taxation within the state.

Such obligations may be sold at public

or private sale as determined by the

Ohio public facilities commission.

(B) Out of the proceeds of the sale of

all obligations, except those issued to

refund or retire obligations previously

issued under this section, the amount

that represents accrued interest, if any,

shall be paid into the state treasury

into the Persian gulf, Afghanistan,

and Iraq conflicts compensation bond

retirement fund, which is hereby

created. As determined at the time

of sale, the amount that represents

premium shall be paid into either

the Persian gulf, Afghanistan, and

Iraq conflicts compensation bond

retirement fund or the Persian gulf,

Afghanistan, and Iraq conflicts

compensation fund, which is hereby

created in the state treasury. The

balance of the proceeds shall be paid

into the Persian gulf, Afghanistan, and

Iraq conflicts compensation fund. All

proceeds of the sale of any obligations

issued under this section to refund or

retire obligations previously issued

under this section shall be paid into

the Persian gulf, Afghanistan, and

Iraq conflicts compensation bond

retirement fund and used to pay

debt service on those outstanding

obligations so refunded. The general

assembly may appropriate and

cause to be paid into the Persian

gulf, Afghanistan, and Iraq conflicts

compensation bond retirement fund

or the Persian gulf, Afghanistan, and

Iraq conflicts compensation fund,

out of money in the treasury not

otherwise appropriated, such amount

as is proper for use for the purposes

for which such funds are created.

Except for amounts advanced by

the general assembly to the Persian

gulf, Afghanistan, and Iraq conflicts

compensation fund with the express

expectation of reimbursement from

the proceeds of obligations paid into

that fund, and except for amounts

transferred under division (E) of this

section for the purpose of defraying

the immediate cost of administration

and compensation, if the general

assembly appropriates any funds to

the Persian gulf, Afghanistan, and

Iraq conflicts compensation fund

prior to the time obligations have

been issued in the original principal

amount authorized in this section, that

original principal amount authorized

in this section shall be reduced by the

amount of funds appropriated.

(C) On or before the fifteenth day

of July of each fiscal year, the Ohio

public facilities commission shall

certify, or cause to be certified, to the

director of budget and management

the total amount of money required

during the current fiscal year,

together with all other money that

will be available in the Persian gulf,

Afghanistan, and Iraq conflicts

compensation bond retirement

fund, to meet in full all debt service

and related financing costs on the

obligations issued under this section.

The director shall transfer from the

general revenue fund to the Persian

gulf, Afghanistan, and Iraq conflicts

compensation bond retirement fund,

without necessity of appropriation by

the general assembly, an amount equal

to the amount so certified, and those

funds shall be used for the payment of

the debt service.

(D)(1) The Persian gulf, Afghanistan,

and Iraq conflicts compensation fund

shall be paid out upon the order of

the department of veterans services,

without necessity of appropriation

by the general assembly, in payment

of the expenses of administering

this section and as compensation as

follows to each person who meets all

of the following requirements:

(A) The person has served in active

duty in the United States armed

forces, except active duty for training

only, at any time between August

2, 1990, and March 3, 1991, at any

time between October 7, 2001, and

the date determined by the president

of the United States as the end of

involvement of the United States

armed forces in Afghanistan, or at any

time between March 19, 2003, and

the date determined by the president

of the United States as the end of

the involvement of the United States

armed forces in Iraq.

(b) The person was an Ohio resident at

the start of active duty service and is

currently an Ohio resident.

(c) The person was separated from

the United States armed forces under

honorable conditions, is still serving

in active duty service, or remains in

any reserve component of the United

States armed forces or in the Ohio

national guard after serving on active

duty.

A person who meets the requirements

of divisions (D)(1)(A), (b), and (c) of

this section is entitled to, and may

apply to receive, compensation of

fifty dollars for each month of active

domestic or foreign service and one

hundred dollars for each month of

Persian gulf, Afghanistan, or Iraq

service during the compensable

periods. A person who is medically

discharged or medically retired

from service due to combat-related

disabilities sustained during Persian

gulf, Afghanistan, or Iraq service is

entitled to, and may apply to receive,

compensation of one thousand

dollars. The maximum amount of

cash payable to any person in active

domestic or foreign service is five

hundred dollars and the maximum

amount of cash payable to any person

in Persian gulf, Afghanistan, or Iraq

service is one thousand dollars, unless

the person qualifies for a survivor’s

payment or a payment based on

missing in action or prisoner of war

status under division (D)(2) or (D)

(3) of this section. Compensation for

a fraction of a month of service shall

be paid on the basis of one-thirtieth of

the appropriate monthly amount for

each day of service.

(2) The surviving spouse, surviving

child or children, or surviving parent

or parents, including a person or

persons standing in loco parentis

for at least one year preceding

commencement of service in the

United States armed forces, is entitled

to, and may apply to receive, the

same amount of compensation that

the person who served in the armed

forces would have received under

division (D)(1) of this section. If the

United States department of veterans’

affairs determines that the person’s

death was the result of injuries or

illness sustained in Persian gulf,

Afghanistan, or Iraq service, the

person’s survivors are entitled to, and

may apply for, a survivor’s payment

of five thousand dollars, regardless of

the amount of compensation that the

deceased would have been entitled to

receive under this section, if living.

The survivor’s payment shall be made

to the surviving spouse. If there is no

surviving spouse, the payment shall

go to the surviving child or children.

If there are no surviving children,

the payment shall go to the surviving

parent or parents or person or persons

standing in loco parentis for at least

one year preceding commencement

of service in the United States armed

forces.

(3) A person designated by the

United States department of defense

as missing in action as a result of

honorable service or held in enemy

captivity, or the spouse, child, or

parent, including a person standing

in loco parentis for at least one year

preceding commencement of service

in the United States armed forces, of a

person designated as missing in action

or held in enemy captivity, is entitled

to, and may apply for, a payment of

five thousand dollars. This payment

replaces any other cash benefit

payable under this section. While the

person is missing or held captive, the

payment shall be made to the person’s

spouse. If there is no spouse to claim

the payment, payment shall be made

to the person’s child or children. If

the person does not have children,

payment shall be made to the person’s

parent or parents or person or persons

standing in loco parentis for at least

one year preceding commencement

of service in the United States armed

forces.

No payment to a spouse, child, parent,

or person in loco parentis of a person

designated as missing in action as a

result of honorable service or held in

enemy captivity, while the person is

missing in action or held captive, shall

prevent the missing or captive person

from claiming and receiving a bonus

of an equal amount on the person’s

release or location.

(4) Compensation shall not be paid

under this section as follows:

(A) To any person who received from

another state a bonus or compensation

of a similar nature;

(b) To any person who served less

than ninety days in the United States

armed forces, unless active duty was

terminated as a result of injuries or

illness sustained during Persian gulf,

Afghanistan, or Iraq service during the

compensable period;

(c) To any person for any time period

spent under penal confinement during

the compensable period.

(5) 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. 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.

(6) All applications for payment of

compensation under this section shall

be made to the department of veterans

services according to the following

schedule:

(A) For Persian gulf service, not later

than December 31, 2013;

(b) For Afghanistan service, not

later than three years after the

date determined by the president

of the United States as the end of

involvement of the United States

armed forces in Afghanistan;

(c) For Iraq service, not later than

three years after the date determined

by the president of the United States

as the end of involvement of the

United States armed forces in Iraq.

(7) As used in this section:

“Afghanistan service” means military

service within Afghanistan during the

period between October 7, 2001, and

the date determined by the president

of the United States as the end of

the involvement of the United States

armed forces in Afghanistan.

“Domestic service” means service

within the territorial limits of the fifty

states.

“Foreign service” means service in

locations other than the territorial

limits of the fifty states, excluding

Persian gulf, Afghanistan, or Iraq

service.

“Iraq service” means military

service within Iraq during the period

between March 19, 2003, and the

date determined by the president of

the United States as the end of the

involvement of the United States

armed forces in Iraq.

“Persian gulf service” means military

service within the Persian gulf theater

of operations during the period

between August 2, 1990, and March

3, 1991.

“United States armed forces” includes

the army, air force, navy, marine

corps, and coast guard; any active

reserve component of such forces; and

members of the Ohio national guard

serving on active duty.

(E) The department of veterans

services (hereinafter referred to

as the “department”) shall have

complete charge of making payment

of compensation under division (D)

of this section and shall adopt rules,

including rules regarding the amounts

to which beneficiaries are entitled,

residency requirements for purposes

of division (D)(1)(b) of this section,

and any other rules necessary to

implement this section. These rules

shall be adopted in accordance with

Chapter 119. of the Revised Code.

The department shall select and

appoint legal counsel and employees

as are necessary and fix their

compensation and prescribe their

duties. All appointees shall serve

at the pleasure of the director of

veterans services. When practical, the

department shall employ Persian gulf,

Afghanistan, and Iraq conflict veterans

to fill such positions. The general

assembly shall transfer necessary

funds to the Persian gulf, Afghanistan,

and Iraq conflicts compensation fund

and to the department’s operating

budget, for the purpose of defraying

the immediate cost of administration

and compensation. Any funds

so transferred shall not reduce

the original principal amount of

obligations that may be issued under

this section.

On payment of all valid claims for

cash compensation made within the

time limitations under this section,

the department may transfer any

funds remaining in the Persian gulf,

Afghanistan, and Iraq conflicts

compensation fund to the Persian

gulf, Afghanistan, and Iraq conflicts

compensation bond retirement fund.

On retirement of all of the obligations

issued under this section and

payment of all valid claims for

cash compensation made within the

time limitations under this section,

the department shall make a final

report to the general assembly. Any

balance remaining in the Persian

gulf, Afghanistan, and Iraq conflicts

compensation fund or the Persian

gulf, Afghanistan, and Iraq conflicts

compensation bond retirement fund

shall be transferred or disposed of as

provided by law.

Notwithstanding any other provision

of this section to the contrary, valid

claims for cash compensation made

within the time limitations under

this section shall be paid only if

adequate funds remain in the Persian

gulf, Afghanistan, and Iraq conflicts

compensation fund.

(F) The people of this state declare

it to be their intention that this

amendment in no manner affects or

changes any of the existing provisions

of the Constitution except as set forth

in this section. The provisions of this

section shall be self-executing.

(G) Debt service on obligations issued

pursuant to this section shall not be

included in the calculation of total

debt service for purposes of division

(A) of Section 17 of Article Eight of

the Constitution of the State of Ohio.

(H) As provided in divisions (C) and

(D)(1) of this section, no further

act of appropriation is necessary,

notwithstanding Section 22 of Article

Two of the Constitution of the State of

Ohio.

(I) Any reference in this section to a

public office, officer, or body shall

include any successor thereto.

(2009)


The state to create no other debt;

exceptions.

§3 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.

(1851)


Credit of state; the state shall not

become joint owner or stockholder.

§4 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.

(1851)


No assumption of debts by the state.

§5 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.

(1851)


Counties, cities, towns, or

townships, not authorized to become

stockholders, etc.; insurance, etc.

§6 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.

(1851, am. 1912)


Sinking fund.

§7 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.

(1851)


The commissioners of the sinking

fund.

§8 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.”

(1851, am. 1947)


Biennial report of sinking fund

commissioners.

§9 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.

(1851)


Application of sinking fund.

§10 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.

(1851)


Semiannual report of sinking fund

commissioners.

§11 The said commissioners shall,

semiannually, 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.

(1851)


Repealed. Provided for a

superintendent of public works.

§12

(1851, am. 1912, rep. 1974)


Economic development.

§13 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

guarantees and loans and the lending

of aid and credit, which laws, bonds,

obligations, loans and guarantees, and

lending of aid and credit shall not be

subject to the requirements, limitations

or prohibitions of any other section of

Article Eight, or of Article Twelve, 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.

(1965, am. 1974)


Financing for housing program.

§14 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 Eight, or Sections 6 and

11 of Article Twelve, 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.

(1982)


State assistance to development of

coal technology.

§15 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, limitation, or prohibitions

of any other section of Article

Eight or of section 6 and 11 of Article

Twelve 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.

(1985)


State and political subdivisions to

provide housing for individuals.

§16 To enhance the availability of adequate

housing in the state and to improve

the economic and general wellbeing

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, purchases

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 Eight, or

sections 6 and 11 of Article Twelve, 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

therefor.

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

Eight and Articles Ten and Eighteen, and

the provision of any capital improvements

under section 2i of Article Eight,

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 Thirteen and section 13 Article

Eighteen, 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.

(1990)


Limitations on obligations state may

issue.

§17 (A) Direct obligations of the state

may not be issued under this article if

the amount required to be applied or

set aside in any future fiscal year for

payment of debt service on direct obligations

of the state to be outstanding

in accordance with their terms during

such future fiscal year would exceed

five per cent of the total estimated revenues

of the state for the General Revenue

Fund and from net state lottery

proceeds during the fiscal year in which

the particular obligations are to be issued.

As used in this division, “debt

service” includes the debt service on

the bonds to be issued under this article

that are direct obligations of the state

plus, if the obligations to be issued are

bond anticipation notes, the debt service

on the bonds anticipated, plus the

debt service on all other outstanding

bonds that are direct obligations of the

state, to the extent that debt service on

all those bonds and bonds anticipated

is to be paid from the General Revenue

Fund or net state lottery proceeds.

(B) The limitations of division (A) of

this section shall not apply to a particular

issue or amount of obligations if the

limitations are waived as to that particular

issue or amount by the affirmative

vote of at least three-fifths of the

members of each house of the General

Assembly, or to obligations issued to

retire bond anticipation notes that were

issued when the requirements of division

(A) of this section were originally

met as estimated for the bonds anticipated.

(C) For purposes of division (A) of this

section, debt contracted by the state

pursuant to Section 2 of Article Eight of

the Ohio Constitution to repel invasion,

suppress insurrection, or to defend the

state in war, shall not be included in the

calculation of total debt service.

(D) For purposes of division (A) of

this section, the General Assembly

shall provide by law for computing the

amounts required for payment of debt

service, and may provide for estimating

payments of debt service on bonds

anticipated by notes, for including payments

of debt service on obligations

issued to refund or retire prior obligations

in lieu of such payments on the

prior refunded or retired obligations,

and for the method of computing payments

of debt service on any obligations

required to be retired or for which

sinking fund deposits are required

prior to stated maturity. The Governor

or the Governor’s designee for such

purpose shall determine and certify the

fiscal year amounts required to be applied

or set aside for payment of debt

service, the obligations to which that

debt service relates, the total estimated

revenues of the state for the state General

Revenue Fund and from net state

lottery proceeds during the particular

fiscal year, other financial data necessary

for the purposes of computations

under division (A) of this section, and

the permitted latest maturity of obligations.

That certification shall be conclusive

for the purposes of the validity

of any obligations issued under this

article.

(E) As used in this section:

(1) “Fiscal year” means the state fiscal

year.

(2) “Debt service” means principal

and interest and other accreted amounts

payable on the obligations referred to.

(3) “Direct obligations of the state”

means obligations issued by the state

on which the state of Ohio is the primary

or only direct obligor.

(1999)


Article Nine: Militia

Who shall perform military duty.

§1 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.

(1851, am. 1953, 1961)


Repealed. Provided for the election

of certain officers.

§2

(1851, rep. 1953)


Appointment of militia officers.

§3 The governor shall appoint the adjutant

general, and such other officers

and warrant officers, as may be provided

for by law.

(1851, am. 1961)


Power of governor to call forth

militia.

§4 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.

(1851, am. 1961)


Public arms; arsenals.

§5 The General Assembly shall provide,

by law, for the protection and safe

keeping of the public arms.

(1851)


Article Ten: County and

Township Organizations

Organization and government

of counties; county home rule;

submission.

§1 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.

(1933)


Township officers; election; power.

§2 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.

(1933)


County charters; approval by voters.

§3 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 power 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

included within any township any part

of its area lying within a municipality.

(1933, am. 1957)


County charter commission;

election, etc.

§4 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 no 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.

(1933, am. 1978)


Repealed. County and township

treasuries.

§5

(1851, rep. 1933)


Repealed. What officers may be

removed.

§6

(1851, rep. 1933)


Repealed. Local taxation.

§7

(1851, rep. 1933)


Article Eleven: Apportionment

Persons responsible for

apportionment of state for members

of General Assembly.

§1 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 ninetynine

House of Representative 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.

(1967)


Ratio of representation in house and

senate.

§2 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.

(1967)


Population of each House of

Representatives district.

§3 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.

(1967)


Population in each Senate district.

§4 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.

(1967)


Representation for each house and

senate district.

§5 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.

(1967)


Creation of district boundaries;

change at end of decennial period.

§6 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.

(1967)


Repealed. Provided additional

senators for districts with a ratio

of representation greater than one.

§6a

(1956, rep. 1967)


Boundary lines of House of

Representatives districts.

§7 (A) Every House of Representatives

district shall be compact and composed

of contiguous territory, and the boundary

of each district shall be a single

non-intersecting 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.

(1967)


Determination of number of House

of Representatives districts within

each county.

§8 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.

(1967)


When population of county is

fraction of ratio of representation.

§9 In those instances where the population

of a county is not less than ninety

percent nor more than one hundred ten

percent 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.

(1967)


Division of state into house

districts; standards.

§10 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 percent

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.

(1967)Senate districts; formation.

§11 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.

(1967)


Term of senators on change of

district boundaries of senate.

§12 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.

(1967)


Jurisdiction of Supreme Court,

effect of determination of

unconstitutionality; apportionment.

§13 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.

(1967)


Continuation of present district

boundaries.

§14 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.

(1967)


Severability provision.

§15 The various provisions of this Article

Eleven are intended to be severable, and

the invalidity of one or more of such

provisions shall not affect the validity

of the remaining provisions.

(1967)


Article Twelve: Finance and

Taxation

Poll taxes prohibited.

§1 No poll tax shall ever be levied in

this state, or service required, which

may be commuted in money or other

thing of value.

(1851, am. 1912)


Limitation on tax rate; exemption.

§2 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 One 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.

(1851, am. 1906, 1912, 1918,

1929, 1933, 1970, 1974, 1990)


Authority to classify real estate for

taxation; procedures.

§2A (A) Except as expressly authorized

in this section, land and improvements

thereon shall, in all other respects, be

taxed as provided in Section 36, of Article

Two 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.

(1980)Imposition of taxes.

§3 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.

(1976)


Revenue to pay expenses and retire

debts.

§4 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.

(1851, am. 1976)


Levying of taxes.

§5 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.

(1851)


Use of motor vehicle license and

fuel taxes restricted.

§5a 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.

(1947)


No debt for internal improvement.

§6 Except as otherwise provided in this

constitution the state shall never contract

any debt for purposes of internal

improvement.

(1851, am. 1912)


Repealed. Referred to taxation of

inheritances.

§7

(1912, rep. 1976)


Repealed. Referred to taxation of

incomes.

§8

(1912, am. 1973, rep. 1976)


Apportionment of income, estate, and

inheritance taxes.

§9 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.

(1912, am. 1930, 1976)


Repealed. Referred to taxation

of franchises and production of

minerals.

§10

(1912, rep. 1976)


Sinking fund.

§11 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.

(1912)


Repealed. Specified that no excise

tax would be levied upon the sale

or purchase of food for human

consumption off the premises where

sold.

§12

(1936, rep. 1976)


Wholesale taxes on foods.

§13 No sales or other excise taxes shall

be levied or collected (1) upon any

wholesale sale or wholesale purchase

of food for human consumption, its

ingredients or its packaging, (2) upon

any sale or purchase of such items sold

to or purchased by a manufacturer, processor,

packager, distributor or reseller

of food for human consumption, or its

ingredients, for use in its trade or business;

or (3) in any retail transaction,

on any packaging that contains food

for human consumption on or off the

premises where sold. For purposes of

this section, food for human consumption

shall include nonalcoholic beverages.

This section shall not affect the

extent to which the levy or collection

of sales or other excise taxes on the retail

sale or retail purchase of food for

human consumption is permitted or

prohibited by Section 3(C) of this Article.

(1994)


Article Thirteen: Corporations

Special acts conferring corporate

powers; prohibited.

§1 The General Assembly shall pass no

special act conferring corporate powers.

(1851)


Corporations, how formed.

§2 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 persona

property, whether owned by a corporation,

joint stock company or individual.

(1851, am. 1912)


Liability of stockholders for

unpaid subscriptions; dues from

corporations; how secured;

inspection of private banks.

§3 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 to inspection,

examination and regulation as

may hereafter be provided by the laws

of this state.

(1851, am. 1903, 1912, 1937)


Corporate property subject to

taxation.

§4 The property of corporations, now

existing or hereafter created, shall forever

be subject to taxation, the same as

the property of individuals.

(1851)


Corporate power of eminent domain

to obtain rights of way; procedure;

jury trial.

§5 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.

(1851)


Organization of cities, etc.

§6 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.

(1851)


Acts authorizing associations with

banking powers; referendum.

§7 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.

(1851)


Article Fourteen: Ohio Livestock

Care Standards Board

§1 (A) There is hereby created the

Ohio Livestock Care Standards

Board for the purpose of establishing

standards governing the care and

well-being of livestock and poultry in

this state. In carrying out its purpose,

the Board shall endeavor to maintain

food safety, encourage locally grown

and raised food, and protect Ohio

farms and families. The Board shall

be comprised of the following thirteen

members:

(1) The director of the state

department that regulates agriculture

who shall be the chairperson of the

Board;

(2) Ten members appointed by the

Governor with the advice and consent

of the Senate. The ten members

appointed by the Governor shall be

residents of this state and shall include

the following:

(A) One member representing family

farms;

(b) One member who is

knowledgeable about food safety in

this state;

(c) Two members representing

statewide organizations that represent

farmers;

(d) One member who is a veterinarian

who is licensed in this state;

(e) The State Veterinarian in the state

department that regulates agriculture;

(f) The dean of the agriculture

department of a college or university

located in this state;

(g) Two members of the public

representing Ohio consumers;

(h) One member representing a county

humane society that is organized

under state law.

(3) One member appointed by

the Speaker of the House of

Representatives who shall be a family

farmer;

(4) One member appointed by the

President of the Senate who shall be a

family farmer.

Not more than seven members

appointed to the Board at any given

time shall be of the same political

party.

(B) The Board shall have authority

to establish standards governing the

care and well-being of livestock and

poultry in this state, subject to the

authority of the General Assembly.

In establishing those standards,

the Board shall consider factors

that include, but are not limited

to, agricultural best management

practices for such care and well-being,

biosecurity, disease prevention, animal

morbidity and mortality data, food

safety practices, and the protection

of local, affordable food supplies for

consumers.

(C) The state department that regulates

agriculture shall have the authority to

administer and enforce the standards

established by the Board.

(D) The General Assembly may enact

laws that it deems necessary to carry

out the purposes of this section, to

facilitate the execution of the duties

of the Board and the state department

that regulates agriculture under this

section, and to set the terms of office

of the Board members and conditions

for the Board members’ service on the

Board.

(E) If any part of this section is held

invalid, the remainder of this section

shall not be affected by that holding

and shall continue in full force and

effect.

(2009)


Prior Article Fourteen: Jurisprudence,

§1-3, Repealed. Provided for the

Appointment of three commissioners

by the General Assembly to revise

the practice, pleadings, forms and

proceedings of the courts of record

of the state and to provide a

uniform mode of proceeding

(1851, rep. 1953)


Article Fifteen: Miscellaneous

Seat of government.

§1 Columbus shall be the seat of government,

until otherwise directed by

law.

(1851)


Repealed. Referred to printing of

laws, journals, bills, legislative

documents and papers for each

branch of the General Assembly.

§2

(1851, am. 1912, rep. 1976)


Receipts and expenditures;

publication of state financial

statements.

§3 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.

(1851)


Officers to be qualified electors.

§4 No person shall be elected or appointed

to any office in this state unless

possessed of the qualifications of

an elector.

(1851, am. 1913, 1953)


Repealed. Referred to the

ineligibility of dualists to hold

office.

§5

(1851, rep. 1976)


Lotteries, charitable bingo, casino

gaming.

§6 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.

(A) 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.

(B) The General Assembly may authorize

and regulate the operation of

bingo to be conducted by charitable

organizations for charitable purposes.

(C)(1) Casino gaming shall be authorized

at four casino facilities (a single

casino at a designated location within

each of the cities of Cincinnati, Cleveland,

and Toledo, and within Franklin

County) to create new funding for cities,

counties, public school districts,

law enforcement, the horse racing

industry and job training for Ohio’s

workforce.

(2) A thirty-three percent tax shall be

levied and collected by the state on all

gross casino revenue received by each

casino operator of these four casino facilities.

In addition, casino operators,

their operations, their owners, and their

property shall be subject to all customary

non-discriminatory fees, taxes, and

other charges that are applied to, levied

against, or otherwise imposed generally

upon other Ohio businesses, their

gross or net revenues, their operations,

their owners, and their property. Except

as otherwise provided in section

6(C), no other casino gaming-related

state or local fees, taxes, or other charges

(however measured, calculated, or

otherwise derived) may be, directly or

indirectly, applied to, levied against, or

otherwise imposed upon gross casino

revenue, casino operators, their operations,

their owners, or their property.

(3) The proceeds of the tax on gross

casino revenue collected by the state

shall be distributed as follows:

(A) Fifty-one percent of the tax on

gross casino revenue shall be distributed

among all eighty-eight counties in

proportion to such counties’ respective

populations at the time of such distribution.

If a county’s most populated

city, as of the 2000 United States census

bureau census, had a population

greater than 80,000, then fifty percent

of that county’s distribution will go to

said city.

(b) Thirty-four percent of the tax on

gross casino revenue shall be distributed

among all eighty-eight counties in

proportion to such counties’ respective

public school district student populations

at the time of such distribution.

Each such distribution received by

a county shall be distributed among

all public school districts located (in

whole or in part) within such county

in proportion to each school district’s

respective student population who are

residents of such county at the time

of such distribution to the school districts.

Each public school district shall

determine how its distributions are appropriated,

but all distributions shall

only be used to support primary and

secondary education.

(c) Five percent of the tax on gross casino

revenue shall be distributed to the

host city where the casino facility that

generated such gross casino revenue is

located.

(d) Three percent of the tax on gross

casino revenue shall be distributed to

fund the Ohio casino control commission.

(e) Three percent of the tax on gross

casino revenue shall be distributed to

an Ohio state racing commission fund

to support purses, breeding programs,

and operations at all existing commercial

horse racetracks permitted as of

January 1, 2009. However, no funding

under this division shall be distributed

to operations of an Ohio commercial

horse racetrack if an owner or operator

of the racetrack holds a majority interest

in an Ohio casino facility or in an

Ohio casino license.

(f) Two percent of the tax on gross

casino revenue shall be distributed to

a state law enforcement training fund

to enhance public safety by providing

additional training opportunities to the

law enforcement community.

(g) Two percent of the tax on gross casino

revenue shall be distributed to a

state problem gambling and addictions

fund which shall be used for the treatment

of problem gambling and substance

abuse, and related research.

Tax collection, and distributions to

public school districts and local governments,

under sections 6(C)(2) and

(3), are intended to supplement, not

supplant, any funding obligations of

the state. Accordingly, all such distributions

shall be disregarded for purposes

of determining whether funding

obligations imposed by other sections

of this Constitution are met.

(4) There is hereby created the Ohio

casino control commission which shall

license and regulate casino operators,

management companies retained by

such casino operators, key employees

of such casino operators and such management

companies, gaming-related

vendors, and all gaming authorized by

section 6(C), to ensure the integrity of

casino gaming.

Said commission shall determine all

voting issues by majority vote and shall

consist of seven members appointed

by the governor with the advice and

consent of the senate. Each member of

the commission must be a resident of

Ohio. At least one member of the commission

must be experienced in law enforcement

and criminal investigation.

At least one member of the commission

must be a certified public accountant

experienced in accounting and

auditing. At least one member of the

commission must be an attorney admitted

to the practice of law in Ohio. At

least one member of the commission

must be a resident of a county where

one of the casino facilities is located.

Not more than four members may be

affiliated with the same political party.

No commission member may have any

affiliation with an Ohio casino operator

or facility.

Said commission shall require each

initial licensed casino operator of each

of the four casino facilities to pay an

upfront license fee of fifty million

dollars ($50,OOO,OOO) per casino

facility for the benefit of the state, for

a total of two hundred million dollars

($200,OOO,OOO). The upfront

license fee shall be used to fund state

economic development programs

which support regional job training

efforts to equip Ohio’s workforce with

additional skills to grow the economy.

To carry out the tax provisions of section

6(C), and in addition to any other

enforcement powers provided under

Ohio law, the tax commissioner of the

State and the Ohio casino control commission,

or any person employed by

the tax commissioner or said commission

for that purpose, upon demand,

may inspect books, accounts, records,

and memoranda of any person subject

to such provisions, and may examine

under oath any officer, agent, or employee

of that person.

(5) Each initial licensed casino operator

of each of the four casino facilities

shall make an initial investment of at

least two hundred fifty mi1lion dollars

($250,000,000) for the development

of each casino facility for a total minimum

investment of one billion dollars

($1,000,000,000) statewide. A casino

operator:

(A) may not hold a majority interest in

more than two of the four licenses allocated

to the casino facilities at any one

time; and (b) may not hold a majority

interest in more than two of the four

casino facilities at any one time.

(6) Casino gaming authorized in section

6(C) shall be conducted only by

licensed casino operators of the four

casino facilities or by licensed management

companies retained by such

casino operators. At the discretion of

each licensed casino operator of a casino

facility: (A) casino gaming may

be conducted twenty-four hours each

day; and (b) a maximum of five thousand

slot machines may be operated at

such casino facility.

(7) Each of the four casino facilities

shall be subject to all applicable

state laws and local ordinances related

to health and building codes, or any

related requirements and provisions.

Notwithstanding the foregoing, no local

zoning, land use laws, subdivision

regulations or similar provisions shall

prohibit the development or operation

of the four casino facilities set forth

herein, provided that no casino facility

shall be located in a district zoned

exclusively residential as of January 1,

2009.

(8) Notwithstanding any provision of

the Constitution, statutes of Ohio, or

a local charter and ordinance, only one

casino facility shall be operated in each

of the cities of Cleveland, Cincinnati,

and Toledo, and in Franklin County.

(9) For purposes of this section 6(C),

the following definitions shall be applied:

“Casino facility” means all or any part

of any one or more of the following

properties (together with all improvements

situated thereon) in Cleveland,

Cincinnati, Toledo, and Franklin

County:

(A) Cleveland:

Being an approximate 61 acre area in

Cuyahoga County, Ohio, as identified

by the Cuyahoga County Auditor, as of

02/27/09, as tax parcel numbers 004-

28-001, 004-29-004A, 004-29-005,

004-29-008, 004-29-009, 004-29-010,

004-29-012, 004-29-013, 004-29-014,

004-29-020, 004-29-018, 004-29-017,

004-29-016, 004-29-021, 004-29-025,

004-29-027, 004-29-026, 004-28-008,

004-28-004, 004-28-003, 004-28-002,

004-28-010, 004-29-001, 004-29-007

and 004-04-017 and all lands and air

rights lying within and/or above the

public rights of way adjacent to such

parcels.

Being an approximate 8.66 acre area

in Cuyahoga County, Ohio, being

that parcel identified by the Cuyahoga

County Auditor, as of 02/27/09, as

tax parcel number 101-21-002 and all

lands and air rights lying within and/or

above the public rights of way adjacent

to such parcel.

Being an approximate 2.56 acre area

in Cuyahoga County, Ohio, being

that parcel identified by the Cuyahoga

County Auditor, as of 02/27/09, as tax

parcel number 101-21-OO2 and all

lands and air rights lying within and/or

above the public rights of way adjacent

to such parcel.

Being an approximate 7.91 acre area

in Cuyahoga County, Ohio, being

that parcel identified by the Cuyahoga

County Auditor, as of 02/27/09, as tax

parcel number 101-23-050A and all

lands and air rights lying within and/or

above the public rights of way adjacent

to such parcel.

All air rights above the parcel located

in Cuyahoga County, Ohio identified

by the Cuyahoga County Auditor, as of

02/27/09, as tax parcel number 101-

22-003.

Being an approximate 1.55 acre area in

Cuyahoga County, Ohio, as identified

by the Cuyahoga County Auditor, as of

02/27/09, as tax parcel numbers 122-

18-010, 122-18-0ll and 122-18-012

and all lands and air rights lying within

and/or above the public rights of way

adjacent to such parcels.

Being an approximate 1.83 acre area

in Cuyahoga County, Ohio, as identified

by the Cuyahoga County Auditor,

as of 02/27/09, as tax parcel numbers

101-30-002 and 101-30-003 and all

lands and air rights lying within and/or

above the public rights of way adjacent

to such parcels.

Consisting of floors one through four,

mezzanine, basement, sub-basement,

Parcel No. 36-2, Item III, Parcels First

and Second, Item V, Parcel A, and Item

VI, Parcel One of the Higbee Building

in Cuyahoga County, Ohio, as identified

by the Cuyahoga County Auditor,

as of 2/29/09, as tax parcel numbers

101-23-002 and 101-23-050F and all

lands and air rights lying within and/

or above the public rights of way adjacent

to such parcels.

(b) Franklin County:

Being an approximate 113.794 acre

area in Franklin County, Ohio, as identified

by the Franklin County Auditor,

as of 01/19/10, as tax parcel number

140-003620-00.

(c) Cincinnati;

Being an approximate 20.4 acre area in

Hamilton County, Ohio, being identified

by the Hamilton County Auditor,

as of 02/27/09, as tax parcel numbers

074-0002-0009-00, 074-0001-0001-

00, 074-0001-0002-00, 074-0001-

0003-00, 074-0001-0004-00, 074-

0001-0006-00, 074-0001-0008-00,

074-0001-0014-00, 074-0001-0016-

00, 074-0001-0031-00, 074-0001-

0039-00, 074-0001-0041-00, 074-

0001-0042-00, 074-0001-0043-00,

074-0002-0001-00, 074-0004-0001-

00, 074-0004-0002-00, 074-0004-

0003-00 and 074-0005-0003-00.

(d) Toledo:

Being an approximate 44.24 acre area

in the City of Toledo, Lucas County,

Ohio, as identified by the Lucas County

Auditor, as of 03/05/09, as tax parcel

numbers 18-76138 and 18-76515.

“Casino gaming” means any type of

slot machine or table game wagering,

using money, casino credit, or any

representative of value, authorized in

any of the states of Indiana, Michigan,

Pennsylvania and West Virginia as of

January 1, 2009, and shall include slot

machine and table game wagering subsequently

authorized by, but shall not

be limited by subsequent restrictions

placed on such wagering in, such states.

Notwithstanding the aforementioned

definition, “casino gaming” does not

include bingo, as authorized in Article

Fifteen, section 6 of the Ohio Constitution

and conducted as of January 1, 2009,

or horse racing where the pari-mutuel

system of wagering is conducted, as

authorized under the laws of Ohio as

of January 1, 2009.

“Casino operator” means any person,

trust, corporation, partnership, limited

partnership, association, limited liability

company or other business enterprise

that directly holds an ownership

or leasehold interest in a casino facility.

“Casino operator” does not include an

agency of the state, any political subdivision

of the state, or any person, trust,

corporation, partnership, limited partnership,

association, limited liability

company or other business enterprise

that may have an interest in a casino

facility, but who is legally or contractually

restricted from conducting casino

gaming.

“Gross casino revenue” means the total

amount of money exchanged for

the purchase of chips, tokens, tickets,

electronic cards, or similar objects by

casino patrons, less winnings paid to

wagerers.

“Majority interest” in a license or in

a casino facility (as the case may be)

means beneficial ownership of more

than fifty percent (50%) of the total

fair market value of such license or casino

facility (as the case may be). For

purposes of the foregoing, whether a

majority interest is held in a license or

in a casino facility (as the case may

be) shall be determined in accordance

with the rules for constructive ownership

of stock provided in Treas. Reg.

§ 1.409A-3(i)(5)(iii) as in effect on

January 1, 2009.

“Slot machines” shall include any mechanical,

electrical, or other device

or machine which, upon insertion of a

coin, token, ticket, or similar object, or

upon payment of any consideration, is

available to play or operate, the play or

operation of which, whether by reason

of the skill of the operator or application

of the element of chance, or both,

makes individual prize determinations

for individual participants in cash, premiums,

merchandise, tokens, or any

thing of value, whether the payoff is

made automatically from the machine

or in any other manner.

“Table game” means any game played

with cards, dice, or any mechanical,

electromechanical, or electronic device

or machine for money, casino credit,

or any representative of value.

(10) The General Assembly shall pass

laws within six months of the effective

date of section 6(C) to facilitate the operation

of section 6(C).

(11) Each provision of section 6(C) is

intended to be independent and severable,

and if any provision of section

6(C) is held to be invalid, either on its

face or as applied to any person or circumstance,

the remaining provisions

of section 6(C), and the application

thereof to any person or circumstance

other than those to which it is held invalid,

shall not be affected thereby. In

any case of a conflict between any provision

of section 6(C) and any other

provision contained in this Constitution,

the provisions of section 6(C)

shall control.

(12) Notwithstanding the provisions of

section 6(C)(11), nothing in this section

6(C) (including, without limitation,

the provisions of sections 6(C)(6)

and 6(C)(8))shall restrict or in any way

limit lotteries authorized under section

6(A) of this article or bingo authorized

under section 6(B) of this article. The

provisions of this section 6(C) shall

have no effect upon activities authorized

under sections 6(A) and/or (6)(B)

of this article.

(1851, am. 1973, 1975, 1987, 2009,

2010)


Oath of officers.

§7 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.

(1851)


Repealed. Established a bureau of

statistics in the secretary of state’s

office.

§8

(1851, rep. 1976)


Repealed. Referred to the sale

and manufacturing of intoxicating

liquors.

§9

(1918, rep. 1933)


Repealed. Referred to the passing

of laws prohibiting the sale of

intoxicating liquors.

§9a

(1914, rep. 1918)


Civil service.

§10 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 is practicable, by competitive

examinations. Laws shall be

passed providing for the enforcement

of this provision.

(1912)


Marriage.

§11 Only a union between one man

and one woman may be a marriage valid

in or recognized by this state and its

political subdivisions. This state and its

political subdivisions shall not create

or recognize a legal status for relationships

of unmarried individuals that intends

to approximate the design, qualities,

significance or effect of marriage.

(2004)


Article Sixteen: Amendments


Constitutional amendment proposed

by joint resolution of General

Assembly; procedure.

§1 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 Assembly 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 seventyfive

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 explanation, 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.

(1851, am. 1912, 1974)

Constitutional amendment proposed

by convention; procedure.

§2 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.

(1851, am. 1912)


Question of constitutional

convention to be submitted

periodically.

§3 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.

(1851, am. 1912)


Article Seventeen: Elections


Time for holding elections; terms of

office.

§1 Elections for state and county officers

shall be held on the first Tuesday

after the first Monday in November in

even numbered years; and all elections

for all other elective officers shall be

held on the first Tuesday after the first

Monday in November in the odd numbered

years.

The term of office of all elective county,

township, municipal, and school

officers shall be such even number of

years not exceeding four as may be

prescribed by law or such even number

of years as may be provided in municipal

or county charters.

The term of office of all judges shall be

as provided in Article Four of this constitution

or, if not so provided, an even

number of years not exceeding six as

provided by law.

The General Assembly may extend

existing terms of office as to effect the

purpose of this section.

(1905, am. 1954, 1976)


Filling vacancies in certain elective

offices.

§2 Any vacancy which may occur

in any elective state office created by

Article Two or Three or created by or pursuant

to Article Four of this constitution

shall be filled only if and as provided

in such articles. Any vacancy which

may occur in any elective state office

not so created, shall be filled by appointment

by the governor 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. All vacancies

in other elective offices shall be

filled for the unexpired term in such

manner as may be prescribed by this

constitution or by law.

(1905, am. 1947, 1954, 1970, 1976)


Repealed. Referred to present

incumbents.

§3

(1905, rep. 1953)


Article Eighteen : Municipal


Corporations

Classification of cities and villages.

§1 Municipal corporations are hereby

classified into cities and villages. All

such corporations having a population

of five thousand or over shall be cities;

all others shall be villages. The method

of transition from one class to the other

shall be regulated by law.

(1912)


General laws for incorporation

and government of municipalities;

additional laws; referendum.

§2 General laws shall be passed to provide

for the incorporation and government

of cities and villages; and additional

laws may also be passed for the

government of municipalities adopting

the same; but no such additional law

shall become operative in any municipality

until it shall have been submitted

to the electors thereof, and affirmed

by a majority of those voting thereon,

under regulations to be established by

law.

(1912)


Municipal powers of local selfgovernment.

§3 Municipalities shall have authority

to exercise all powers of local selfgovernment

and to adopt and enforce

within their limits such local police,

sanitary and other similar regulations,

as are not in conflict with general laws.

(1912)


Acquisition of public utility;

contract for service; condemnation.

§4 Any municipality may acquire, construct,

own, lease and operate within or

without its corporate limits, any public

utility the product or service of which

is or is to be supplied to the municipality

or its inhabitants, and may contract

with others for any such product or service.

The acquisition of any such public

utility may be by condemnation or otherwise,

and a municipality may acquire

thereby the use of, or full title to, the

property and franchise of any company

or person supplying to the municipality

or its inhabitants the service or product

of any such utility.

(1912)


Referendum on acquiring or

operating municipal utility.

§5 Any municipality proceeding to acquire,

construct, own, lease or operate

a public utility, or to contract with any

person or company therefor, shall act

by ordinance and no such ordinance

shall take effect until thirty days from

its passage. If within said thirty days

a petition signed by ten per centum of

the electors of the municipality shall be

filed with the executive authority thereof

demanding a referendum on such

ordinance it shall not take effect until

submitted to the electors and approved

by a majority of those voting thereon.

The submission of any such question

shall be governed by all the provisions

of section 8 of this article as to the

submission of the question of choosing

a charter

commission.

(1912)


Sale of surplus product of municipal

utility.

§6 Any municipality, owning or operating

a public utility for the purpose of

supplying the service or product thereof

to the municipality or its inhabitants

may also sell and deliver to others any

transportation service of such utility

and the surplus product of any other

utility in an amount not exceeding in

either case fifty per cent of the total service

or product supplied by such utility

within the municipality, provided that

such fifty per cent limitation shall not

apply to the sale of water or sewage

services.

(1912, am. 1959)


Home rule; municipal charter.

§7 Any municipality may frame and

adopt or amend a charter for its government

and may, subject to the provisions

of section 3 of this article, exercise

thereunder all powers of local

self-government.

(1912)


Submission and adoption of proposed

charter; referendum

§8 The legislative authority of any city

or village may by a two-thirds vote

of its members, and upon petition of

ten per centum of the electors shall

forthwith, provide by ordinance for

the submission to the electors, of the

question, ‘Shall a commission be chosen

to frame a charter.” The ordinance

providing for the submission of such

question shall require that it be submitted

to the electors at the next regular

municipal election if one shall occur

not less than sixty nor more than one

hundred and twenty days after its passage;

otherwise it shall provide for the

submission of the question at a special

election to be called and held within

the time aforesaid. The ballot containing

such question shall bear no party

designation, and provision shall be

made thereon for the election from the

municipality at large of fifteen electors

who shall constitute a commission to

frame a charter; provided that a majority

of the electors voting on such question

shall have voted in the affirmative.

Any charter so framed shall be submitted

to the electors of the municipality

at an election to be held at a time fixed

by the charter commission and within

one year from the date of its election,

provision for which shall be made by

the legislative authority of the municipality

in so far as not prescribed by

general law. Not less than thirty days

prior to such election the clerk of the

municipality shall mail a copy of the

proposed charter to each elector whose

name appears upon the poll or registration

books of the last regular or general

election held therein. If such proposed

charter is approved by a majority of the

electors voting thereon it shall become

the charter of such municipality at the

time fixed therein.

(1912)


Amendments to charter;

referendum.

§9 Amendments to any charter framed

and adopted as herein provided may

be submitted to the electors of a municipality

by a two-thirds vote of the

legislative authority thereof, and, upon

petitions signed by ten per centum of

the electors of the municipality setting

forth any such proposed amendment,

shall be submitted by such legislative

authority. The submission of

proposed amendments to the electors

shall be governed by the requirements

of section 8 as to the submission of the

question of choosing a charter commission;

and copies of proposed amendments

may be mailed to the electors as

hereinbefore provided for copies of a

proposed charter, or pursuant to laws

passed by the General Assembly, notice

of proposed amendments may be given

by newspaper advertising. If any such

amendment is approved by a majority

of the electors voting thereon, it shall

become a part of the charter of the municipality.

A copy of said charter or any

amendment thereto shall be certified to

the secretary of state, within thirty days

after adoption by a referendum vote.

(1912, am. 1970)


Appropriation in excess of public use.

§10 A municipality appropriating or

otherwise acquiring property for public

use may in furtherance of such public

use appropriate or acquire an excess

over that actually to be occupied by the

improvement, and may sell such excess

with such restrictions as shall be appropriate

to preserve the improvement

made.

Bonds may be issued to supply the

funds in whole or in part to pay for the

excess property so appropriated or otherwise

acquired, but said bonds shall

be a lien only against the property so

acquired for the improvement and excess,

and they shall not be a liability of

the municipality nor be included in any

limitation of the

bonded indebtedness of such municipality

prescribed by law.

(1912)


Assessments for cost of

appropriating property.

§11 Any municipality appropriating

private property for a public improvement

may provide money therefor in

part by assessments upon benefited

property not in excess of the special

benefits conferred upon such property

by the improvements. Said assessments,

however, upon all the abutting,

adjacent, and other property in the district

benefited, shall in no case be levied

for more than fifty per centum of

the cost of such appropriation.

(1912)


Bonds for public utilities.

§12 Any municipality which acquires,

constructs or extends any public utility

and desires to raise money for such

purposes may issue mortgage bonds

therefor beyond the general limit of

bonded indebtedness prescribed by

law; provided that such mortgage

bonds issued beyond the general limit

of bonded indebtedness prescribed by

law shall not impose any liability upon

such municipality but shall be secured

only upon the property and revenues

of such public utility, including a franchise

stating the terms upon which, in

case of foreclosure, the purchaser may

operate the same, which franchise shall

in no case extend for a longer period

than twenty years from the date of the

sale of such utility and franchise on

foreclosure.

(1912)


Taxation, debts, reports and

accounts.

§13 Laws may be passed to limit the

power of municipalities to levy taxes

and incur debts for local purposes, and

may require reports from municipalities

as to their financial condition and

transactions, in such form as may be

provided by law, and may provide for

the examination of the vouchers, books

and accounts of all municipal authorities,

or of public undertakings conducted by such authorities.

(1912)


Municipal Elections.

§14 All elections and submissions of

questions provided for in this article

shall be conducted by the election authorities

prescribed by general law. The

percentage of electors required to sign

any petition provided for herein shall

be based upon the total vote cast at the

last preceding general municipal election.

(1912)


SCHEDULES

1851 CONSTITUTION

Schedules attached to amendments do

not become part of the Constitutiuon

proper, but nevertheless have important

substantive effects.


Of prior laws.

All laws of this state, in force on the

first day of September one thousand

eight hundred and fifty-one, not inconsistent

with this constitution, shall

continue in force, until amended, or

repealed.


The first election of members of

General Assembly.

The first election for members of the

General Assembly, under this constitution,

shall be held on the second Tuesday

of October, one thousand eight

hundred and fifty-one.


For state officers.

The first election for governor, lieutenant

governor, auditor, treasurer and

secretary of state and attorney general,

shall be held on the second Tuesday of

October, one thousand eight hundred

and fifty-one. The persons, holding

said offices on the first day of September,

one thousand eight hundred and

fifty-one, shall continue therein, until

the second Monday of January, one

thousand eight hundred and fifty-two.


For judges, clerks, etc.

The first election for judges of the Supreme

Court, courts of common pleas,

and probate courts, and clerks of the

courts of common pleas, shall be held

on the second Tuesday of October, one

thousand eight hundred and fifty-one,

and the official term of said judges and

clerks, so elected, shall commence on

the second Monday of February, one

thousand eight hundred and fifty two.

Judges and clerks of the courts of common

pleas and Supreme Court, in office

on the first day of September, one

thousand eight hundred and fifty-one,

shall continue in office with their present

powers and duties, until the second

Monday of February, one thousand

eight hundred and fifty-two. No suit

or proceeding, pending in any of the

courts of this state, shall be affected by

the adoption of this constitution.


Officers to continue in office until

the expiration of their term.

The register and receiver of the land

office, directors of the penitentiary, directors

of the benevolent institutions of

the state, the state librarian, and all other

officers, not otherwise provided for

in this constitution, in office on the first

day of September, one thousand eight

hundred and fifty-one, shall continue in

office, until their terms expire, respectively,

unless the General Assembly

shall otherwise provide.


Certain courts.

The superior and commercial courts

of Cincinnati, and the superior court of

Cleveland, shall remain until otherwise

provided by law, with their present

powers and jurisdiction; and the judges

and clerks of said courts, in office on

the first day of September, one thousand

eight hundred and fifty-one, shall

continue in office, until the expiration

of their terms of office, respectively,

or, until otherwise provided by law;

but neither of said courts shall continue

after the second Monday of February,

one thousand eight hundred and fiftythree;

and no suits shall be commenced

in said two first mentioned courts, after

the second Monday of February, one

thousand eight hundred and fifty-two,

nor in said last mentioned court, after

the second Monday in August, one

thousand eight hundred and fifty-two;

and all business in either of said courts,

not disposed of within the time limited

for their continuance as aforesaid, shall

be transferred to the court of common

pleas.


County and township officers.

All county and township officers and

justices of the peace, in office on the

first day of September, one thousand

eight hundred and fifty-one, shall continue

in office until their terms expire,

respectively.


Vacancies.

Vacancies in office, occurring after the

first day of September, one thousand

eight hundred and fifty-one, shall be

filled, as is now prescribed by law, and

until officers are elected or appointed,

and qualified, under this constitution.


When constitution shall take

effect.

This constitution shall take effect, on

the first day of September, one thousand

eight hundred and fifty-one.


Term of office.

All officers shall continue in office, until

their successors shall be chosen and

qualified.


Transfer of suits, Supreme Court.

Suits pending in the Supreme Court

in bank, shall be transferred to the Supreme

Court provided for in this constitution,

and be proceeded in according

to law.


Transfer of suits, district courts.

The district courts shall, in their respective

counties, be the successors of the

present Supreme Court; and all suits,

prosecutions, judgments, records, and

proceedings, pending and remaining

in said Supreme Court, in the several

counties of any district, shall be transferred

to the respective district courts

of such counties, and be proceeded in,

as though no change had been made in

said Supreme Court.


Transfer of suits, courts of common pleas.

The said courts of common pleas, shall

be the successors of the present courts

of common pleas in the several counties,

except as to probate jurisdiction;

and all suits, prosecutions, proceedings,

records and judgments, pending

or being in said last mentioned courts,

except as aforesaid, shall be transferred

to the courts of common pleas created

by this constitution, and proceeded in,

as though the same had been therein

instituted.


Transfer of suits, probate courts.

The probate courts provided for in this

constitution, as to all matters within

the jurisdiction conferred upon said

courts, shall be the successors, in the

several counties, of the present courts

of common pleas; and the records, files

and papers, business and proceedings,

appertaining to said jurisdiction, shall

be transferred to said courts of probate,

and be there proceeded in, according to

law.


Judges and clerks, how elected, etc.

Until otherwise provided by law, elections

for judges and clerks shall be

held, and the poll books returned, as is

provided for governor, and the abstract

therefrom, certified to the secretary of

state, shall be by him opened, in the

presence of the governor, who shall

declare the results, and issue commissions

to the persons elected.


Election returns, where sent.

Where two or more counties are joined

in a senatorial, representative, or judicial

district, the returns of elections

shall be sent to the county, having the

largest population.


Constitution submitted to the

electors of the state.

The foregoing constitution shall be

submitted to the electors of the state,

at an election to be held on the third

Tuesday of June, one thousand eight

hundred and fifty-one, in the several

election districts of this state. The ballots

at such election shall be written or

printed as follows: Those in favor of

the constitution, “New Constitution,

Yes;” those against the constitution,

“New Constitution, No.” The polls at

said election shall be opened between

the hours of eight and ten o’clock a.m.,

and closed at six o’clock p.m.; and the

said election shall be conducted, and

the returns thereof made and certified,

to the secretary of state, as provided by

law for annual elections of state and

county officers. Within twenty days after

such election, the secretary of state

shall open the returns thereof, in the

presence of the governor; and, if it shall

appear that a majority of all the votes,

cast at such election, are in favor of the

constitution, the governor shall issue

his proclamation, stating that fact, and

said constitution shall be the constitution

of the state of Ohio, and not otherwise.

(The result of this election, excluding

the returns of two counties, Defiance

and Auglaize, which were not received

in the twenty days specified, was as follows:

‘New Constitution, Yes: 125,564

“New Constitution, No: 109,276)


License to traffic in intoxicating

liquors.

At the time when the votes of the electors

shall be taken for the adoption or

rejection of this constitution, the additional

section, in the words following,

to wit: “No license to traffic in intoxicating

liquors shall hereafter be granted

in this state; but the General Assembly

may, by law, provide against evils resulting

therefrom,” shall be separately

submitted to the electors for adoption

or rejection, in form following, to wit:

A separate ballot may be given by every

elector and deposited in a separate

box. Upon the ballots given for said

separate amendment shall be written

or printed, or partly written and partly

printed, the words: “License to sell intoxicating

liquors, Yes;” and upon the

ballots given against said amendment,

in like manner, the words: “License to

sell intoxicating liquors, No.” If, at the

said election, a majority of all the votes

given for and against said amendment,

shall contain the words: “License to

sell intoxicating liquor, No,” then the

said amendment shall be a separate

section of article fifteen of the constitution.


Apportionment for House of

Representatives.

The apportionment for the House of

Representatives, during the first decennial

period under this constitution,

shall be as follows:

The counties of Adams, Allen, Athens,

Auglaize, Carroll, Champaign, Clark,

Clinton, Crawford, Darke, Delaware,

Erie, Fayette, Gallia, Geauga, Greene,

Hancock, Harrison, Hocking, Holmes,

Lake, Lawrence, Logan, Madison,

Marion, Meigs, Morrow, Perry, Pickaway,

Pike, Preble, Sandusky, Scioto,

Shelby and Union, shall, severally, be

entitled to one representative, in each

session of the decennial period.

The counties of Franklin, Licking,

Montgomery and Stark, shall each be

entitled to two representatives, in each

session of the decennial period

The counties of Ashland, Coshocton,

Highland, Huron, Lorain, Mahoning,

Medina, Miami, Portage, Seneca, Summit

and Warren, shall, severally, be entitled

to one representative, in each session;

and one additional representative,

in the fifth session of the decennial

period.

The counties of Ashtabula, Brown,

Butler, Clermont Fairfield, Guernsey,

Jefferson, Knox, Monroe, Morgan,

Richland, Trumbull, Tuscarawas and

Washington shall, severally, be entitled

to one representative, in each session;

and two additional representatives, one

in the third, and one in the fourth session

of the decennial period.

The counties of Belmont, Columbiana,

Ross and Wayne, shall, severally, be

entitled to one representative, in each

session, and three additional representatives,

one in the first, one in the second,

and one in the third session, of the

decennial period.

The county of Muskingum shall be

entitled to two representatives, in each

session; and one additional representative,

in the fifth session, of the decennial

period.

The county of Cuyahoga shall be entitled

to two representatives, in each

session; and two additional representatives,

one in the third, and one in the

fourth session, of the decennial period.

The county of Hamilton shall be entitled

to seven representatives, in each

session; and four additional representatives,

one in the first, one in the second,

one in the third and one in the fourth

session of the decennial period.

The following counties, until they shall

have acquired a sufficient population to

entitle them to elect, separately, under

the fourth section of the eleventh article,

shall form districts in manner following,

to wit: The counties of Jackson

and Vinton, one district; the counties

of Lucas and Fulton, one district; the

counties of Wyandot and Hardin, one

district; the counties of Mercer and

Van Wert, one district; the counties of

Paulding, Defiance and Williams, one

district; the counties of Putnam and

Henry, one district; and the counties of

Wood and Ottawa, one district: each of

which districts shall be entitled to one

representative, in every session of the

decennial period.

Done in convention, at Cincinnati, the

tenth day of March, in the year of our

Lord, one thousand eight hundred and

fifty-one, and of the independence of

the United States, the seventy-fifth.


SCHEDULES

1912 CONSTITUTION

1. General schedule.

The several amendments passed and

submitted by this convention when

adopted at the election shall take effect

on the first day of January, 1913,

except as otherwise specifically provided

by the schedule attached to any

of said amendments. All laws then in

force, not inconsistent therewith shall

continue in force until amended or repealed,

provided that all cases pending

in the courts on the first day of January,

1913, shall be heard and tried in the

same manner and by the same procedure

as is now authorized by law. Any

provision of the amendments passed

and submitted by this convention and

adopted by the electors, inconsistent

with, or in conflict with, any provision

of the present constitution, shall be

held to prevail.


Method of submission.

The several proposals duly passed by

this convention shall be submitted to

the electors as separate amendments to

the constitution at a special election to

be held on the third day of September,

1912. The several amendments shall be

designated on the ballot by their proper

article and section numbers and also

by their approved descriptive titles and

shall be printed on said ballot and consecutively

numbered in the manner and

form hereinafter set forth. The adoption

of any amendment by its title shall have

the effect of adopting the amendment

in full as finally passed by the convention.

Said special election shall be held

pursuant to all provisions of law applicable

thereto including special registration.

Ballots shall be marked in accordance

with instructions printed thereon.

Challengers and witnesses shall be admitted

to all polling places under such

regulations as may be prescribed by the

secretary of state. Within ten days after

said election the boards of deputy state

supervisors of elections of the several

counties shall forward by mail in duplicate

sealed certified abstracts of the

votes cast on the several amendments,

one to the secretary of state and one to

the auditor of state at Columbus. Within

five days thereafter such abstracts

shall be opened and canvassed by the

secretary of state and auditor of state in

the presence of the governor who shall

forthwith by proclamation, declare the

results of said election. Each amendment

on which the number of affirmative

votes shall exceed the number of

negative votes shall become a part of

the constitution.

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