OHIO CONSTITUTION
ARTICLE II
LEGISLATIVE
Art. II §1 | IN WHOM POWER VESTED
Art. II §1a | INITIATIVE AND REFERENDUM TO AMEND CONSTITUTION
"Amendment to the Constitution Proposed by Initiative Petition to be Submitted Directly to the Electors."
Art. II §1b | INITIATIVE AND REFERENDUM TO ENACT LAWS
Art. II §1c | REFERENDUM TO CHALLENGE LAWS ENACTED BY GENERAL ASSEMBLY
Art. II §1d | EMERGENCY LAWS; NOT SUBJECT TO REFERENDUM
Art. II §1e | POWERS; LIMITATION OF USE
(B)
(2) If a constitutional amendment proposed by initiative petition is certified to appear on the ballot and, in the opinion of the Ohio ballot board, the amendment would conflict with division (B)(l) of this section, the board shall prescribe two separate questions to appear on the ballot, as follows:
"Shall the petitioner, in violation of division (B)(l) of Section le of Article II of the Ohio Constitution, be authorized to initiate a constitutional amendment that grants or creates a monopoly, oligopoly, or cartel, specifies or determines a tax rate, or confers a commercial interest, commercial right, or commercial license that is not available to other similarly situated persons?"(b) The second question shall describe the proposed constitutional amendment.
(c) If both questions are approved or affirmed by a majority of the electors voting on them, then the constitutional amendment shall take effect. If only one question is approved or affirmed by a majority of the electors voting on it, then the constitutional amendment shall not take effect.
Art. II §1f | POWER OF MUNICIPALITIES
Art. II §1g | PETITION REQUIREMENTS AND PREPARATION; SUBMISSION; BALLOT LANGUAGE; BY OHIO BALLOT BOARD
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 forty-five 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 XVI of this constitution. The ballot language shall be so prescribed and the secretary of state shall cause the ballots so to be printed as to permit an affirmative or negative vote upon each law, section of law, or item in a law appropriating money, or proposed law, or proposed amendment to the constitution. The style of all laws submitted by initiative and supplementary petition shall be: "Be it Enacted by the People of the State of Ohio," and of all constitutional amendments: "Be it Resolved by the People of the State of Ohio." The basis upon which the required number of petitioners in any case shall be determined shall be the total number of votes cast for the office of governor at the last preceding election therefor. The foregoing provisions of this section shall be self-executing, except as herein otherwise provided. Laws may be passed to facilitate their operation, but in no way limiting or restricting either such provisions or the powers herein reserved.
Art. II §2 | ELECTION AND TERM OF STATE LEGISLATORS
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 of 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 to this article,
(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.
Art. II §3 | RESIDENCE REQUIREMENTS FOR STATE LEGISLATORS
Art. II §4 | DUAL OFFICE AND CONFLICT OF INTEREST PROHIBITED
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.
Art. II §5 | WHO SHALL NOT HOLD OFFICE
Art. II §6 | POWERS OF EACH HOUSE
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.
Art. II §7 | ORGANIZATION OF EACH HOUSE OF THE GENERAL ASSEMBLY
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.
Art. II §8 | SESSIONS OF THE GENERAL ASSEMBLY
Art. II §9 | HOUSE AND SENATE JOURNALS (YEAS AND NAYS)
Art. II §10 | RIGHTS OF MEMBERS TO PROTEST
Art. II §11 | FILLING VACANCY IN HOUSE OR SENATE SEAT
Art. II §12 | PRIVILEGE OF MEMBERS FROM ARREST, AND OF SPEECH
Art. II §13 | LEGISLATIVE SESSIONS TO BE PUBLIC; EXCEPTIONS
Art. II §14 | POWER OF ADJOURNMENT
Art. II §15 | HOW BILLS SHALL BE PASSED
(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.
Art. II §16 | BILLS TO BE SIGNED BY GOVERNOR; VETO
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.
Art. II §20 | TERM OF OFFICE, AND COMPENSATION OF OFFICERS IN CERTAIN CASES
Art. II §21 | CONTESTED ELECTIONS
Art. II §22 | APPROPRIATIONS
Art. II §23 | IMPEACHMENTS; HOW INSTITUTED AND CONDUCTED
Art. II §24 | OFFICERS LIABLE TO IMPEACHMENT; CONSEQUENCES
Art. II §26 | LAWS TO HAVE A UNIFORM OPERATION
Art. II §27 | ELECTION AND APPOINTMENT OF OFFICERS; FILLING VACANCIES
Art. II §28 | RETROACTIVE LAWS
Art. II §29 | NO EXTRA COMPENSATION
Art. II §30 | NEW COUNTIES
Art. II §31 | COMPENSATION OF MEMBERS AND OFFICERS OF THE GENERAL ASSEMBLY
Art. II §32 | DIVORCES AND JUDICIAL POWER
Art. II §33 | MECHANICS' AND CONTRACTORS' LIENS
Art. II §34 | WELFARE OF EMPLOYEES
Art. II §34a | MINIMUM WAGE
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 XVIII 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.
Art. II §35 | WORKERS' COMPENSATION
Art. II §36 | CONSERVATION OF NATURAL RESOURCES
Art. II §37 | WORKDAY AND WORKWEEK ON PUBLIC PROJECTS
Art. II §38 | REMOVAL OF OFFICIALS FOR MISCONDUCT
Art. II §39 | REGULATING EXPERT TESTIMONY IN CRIMINAL TRIALS
Art. II §40 | REGISTERING AND WARRANTING LAND TITLES
Art. II §41 | PRISON LABOR
Art. II §42 | CONTINUITY OF GOVERNMENT OPERATIONS IN EMERGENCIES CAUSED BY ENEMY ATTACK
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Perhaps it'll [even] help you navigate through your state's administrative gauntlet. A gauntlet which might include – but not be limited to:
- State Agency Bribery;
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Sincerely,
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