As Passed by the Senate 1
123rd General Assembly 4
Regular Session Am. Sub. S. B. No. 164 5
1999-2000 6
SENATORS OELSLAGER-HERINGTON-GARDNER-RAY 8
_________________________________________________________________ 10
A B I L L
To amend sections 2301.02, 2501.011, and 2501.012 of 12
the Revised Code to add one additional judge for 13
the Fifth District Court of Appeals to be elected
in 2000 and one additional judge for the Eleventh 14
District Court of Appeals to be elected in 2000, 15
to specify that the term of the judge of the Lake
County Court of Common Pleas who is first elected 16
in 2000 begins on January 6, 2001, and to declare 17
an emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 19
Section 1. That sections 2301.02, 2501.011, and 2501.012 21
of the Revised Code be amended to read as follows: 22
Sec. 2301.02. The number of judges of the court of common 31
pleas for each county, the time for the next election of the 32
judges in the several counties, and the beginning of their terms 33
shall be as follows: 34
(A) In Adams, Ashland, Fayette, and Pike counties, one 36
judge, elected in 1956, term to begin February 9, 1957; 37
In Brown, Crawford, Defiance, Highland, Holmes, Morgan, 39
Ottawa, and Union counties, one judge, to be elected in 1954, 40
term to begin February 9, 1955; 41
In Auglaize county, one judge, to be elected in 1956, term 43
to begin January 9, 1957; 44
In Coshocton, Darke, Fulton, Gallia, Guernsey, Hardin, 46
Jackson, Knox, Logan, Madison, Mercer, Monroe, Morrow, Paulding, 47
Vinton, and Wyandot counties, one judge, to be elected in 1956, 48
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term to begin January 1, 1957; 49
In Carroll, Champaign, Clinton, Hocking, Meigs, Pickaway, 51
Preble, Shelby, Van Wert, and Williams counties, one judge, to be 52
elected in 1952, term to begin January 1, 1953; 53
In Harrison and Noble counties, one judge, to be elected in 55
1954, term to begin April 18, 1955; 56
In Henry and Putnam counties, one judge, to be elected in 58
1956, term to begin May 9, 1957; 59
In Huron county, one judge, to be elected in 1952, term to 61
begin May 14, 1953; 62
In Perry county, one judge, to be elected in 1954, term to 64
begin July 6, 1956; 65
In Sandusky county, two judges, one to be elected in 1954, 67
term to begin February 10, 1955, and one to be elected in 1978, 68
term to begin January 1, 1979; 69
(B) In Allen county, three judges, one to be elected in 71
1956, term to begin February 9, 1957, the second to be elected in 72
1958, term to begin January 1, 1959, and the third to be elected 73
in 1992, term to begin January 1, 1993; 74
In Ashtabula county, three judges, one to be elected in 76
1954, term to begin February 9, 1955, one to be elected in 1960, 77
term to begin January 1, 1961, and one to be elected in 1978, 78
term to begin January 2, 1979; 79
In Athens county, two judges, one to be elected in 1954, 81
term to begin February 9, 1955, and one to be elected in 1990, 82
term to begin July 1, 1991; 83
In Erie county, two judges, one to be elected in 1956, term 85
to begin January 1, 1957, and the second to be elected in 1970, 86
term to begin January 2, 1971; 87
In Fairfield county, three judges, one to be elected in 89
1954, term to begin February 9, 1955, the second to be elected in 90
1970, term to begin January 1, 1971, and the third to be elected 91
in 1994, term to begin January 2, 1995; 92
In Geauga county, two judges, one to be elected in 1956, 94
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term to begin January 1, 1957, and the second to be elected in 95
1976, term to begin January 1, 1977; 96
In Greene county, four judges, one to be elected in 1956, 98
term to begin February 9, 1957, the second to be elected in 1960, 99
term to begin January 1, 1961, the third to be elected in 1978, 100
term to begin January 2, 1979, and the fourth to be elected in 101
1994, term to begin January 1, 1995; 102
In Hancock county, two judges, one to be elected in 1952, 104
term to begin January 1, 1953, and the second to be elected in 105
1978, term to begin January 1, 1979; 106
In Lawrence county, two judges, one to be elected in 1954, 108
term to begin February 9, 1955, and the second to be elected in 109
1976, term to begin January 1, 1977; 110
In Marion county, three judges, one to be elected in 1952, 112
term to begin January 1, 1953, the second to be elected in 1976, 114
term to begin January 2, 1977, and the third to be elected in
1998, term to begin February 9, 1999; 115
In Medina county, three judges, one to be elected in 1956, 117
term to begin January 1, 1957, the second to be elected in 1966, 118
term to begin January 1, 1967, and the third to be elected in 119
1994, term to begin January 1, 1995; 120
In Miami county, two judges, one to be elected in 1954, 122
term to begin February 9, 1955, and one to be elected in 1970, 123
term to begin on January 1, 1971; 124
In Muskingum county, two judges, one to be elected in 1968, 126
term to begin August 9, 1969, and one to be elected in 1978, term 127
to begin January 1, 1979; 128
In Portage county, three judges, one to be elected in 1956, 130
term to begin January 1, 1957, the second to be elected in 1960, 131
term to begin January 1, 1961, and the third to be elected in 132
1986, term to begin January 2, 1987; 133
In Ross county, two judges, one to be elected in 1956, term 135
to begin February 9, 1957, and the second to be elected in 1976, 136
term to begin January 1, 1977; 137
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In Scioto county, three judges, one to be elected in 1954, 139
term to begin February 10, 1955, the second to be elected in 140
1960, term to begin January 1, 1961, and the third to be elected 141
in 1994, term to begin January 2, 1995; 142
In Seneca county, two judges, one to be elected in 1956, 144
term to begin January 1, 1957, and the second to be elected in 145
1986, term to begin January 2, 1987; 146
In Warren county, three judges, one to be elected in 1954, 148
term to begin February 9, 1955, the second to be elected in 1970, 149
term to begin January 1, 1971, and the third to be elected in 150
1986, term to begin January 1, 1987; 151
In Washington county, two judges, one to be elected in 153
1952, term to begin January 1, 1953, and one to be elected in 154
1986, term to begin January 1, 1987; 155
In Wood county, three judges, one to be elected in 1968, 157
term beginning January 1, 1969, the second to be elected in 1970, 158
term to begin January 2, 1971, and the third to be elected in 159
1990, term to begin January 1, 1991; 160
In Belmont and Jefferson counties, two judges, to be 162
elected in 1954, terms to begin January 1, 1955, and February 9, 163
1955, respectively; 164
In Clark county, four judges, one to be elected in 1952, 166
term to begin January 1, 1953, the second to be elected in 1956, 167
term to begin January 2, 1957, the third to be elected in 1986, 168
term to begin January 3, 1987, and the fourth to be elected in 169
1994, term to begin January 2, 1995. 170
In Clermont county, four judges, one to be elected in 1956, 172
term to begin January 1, 1957, the second to be elected in 1964, 173
term to begin January 1, 1965, the third to be elected in 1982, 174
term to begin January 2, 1983, and the fourth to be elected in 175
1986, term to begin January 2, 1987; 176
In Columbiana county, two judges, one to be elected in 178
1952, term to begin January 1, 1953, and the second to be elected 179
in 1956, term to begin January 1, 1957; 180
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In Delaware county, two judges, one to be elected in 1990, 182
term to begin February 9, 1991, the second to be elected in 1994, 183
term to begin January 1, 1995; 184
In Lake county, six judges, one to be elected in 1958, term 187
to begin January 1, 1959, the second to be elected in 1960, term 188
to begin January 2, 1961, the third to be elected in 1964, term 189
to begin January 3, 1965, the fourth and fifth to be elected in 190
1978, terms to begin January 4, 1979, and January 5, 1979, 191
respectively, and the sixth to be elected in 2000, term to begin 192
January 1 6, 2001;
In Licking county, three judges, one to be elected in 1954, 194
term to begin February 9, 1955, one to be elected in 1964, term 195
to begin January 1, 1965, and one to be elected in 1990, term to 196
begin January 1, 1991; 197
In Lorain county, eight judges, two to be elected in 1952, 199
terms to begin January 1, 1953, and January 2, 1953, 200
respectively, one to be elected in 1958, term to begin January 3, 201
1959, one to be elected in 1968, term to begin January 1, 1969, 202
two to be elected in 1988, terms to begin January 4, 1989, and 204
January 5, 1989, respectively, and two to be elected in 1998,
terms to begin January 2, 1999, and January 3, 1999, 205
respectively;
In Butler county, eight judges, one to be elected in 1956, 207
term to begin January 1, 1957; two to be elected in 1954, terms 208
to begin January 1, 1955, and February 9, 1955, respectively; one 209
to be elected in 1968, term to begin January 2, 1969; one to be 210
elected in 1986, term to begin January 3, 1987; two to be elected 211
in 1988, terms to begin January 1, 1989, and January 2, 1989, 212
respectively; and one to be elected in 1992, term to begin 213
January 4, 1993; 214
In Richland county, three judges, one to be elected in 216
1956, term to begin January 1, 1957, the second to be elected in 217
1960, term to begin February 9, 1961, and the third to be elected 218
in 1968, term to begin January 2, 1969; 219
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In Tuscarawas county, two judges, one to be elected in 221
1956, term to begin January 1, 1957, and the second to be elected 222
in 1960, term to begin January 2, 1961; 223
In Wayne county, two judges, one to be elected in 1956, 225
term beginning January 1, 1957, and one to be elected in 1968, 226
term to begin January 2, 1969; 227
In Trumbull county, six judges, one to be elected in 1952, 229
term to begin January 1, 1953, the second to be elected in 1954, 230
term to begin January 1, 1955, the third to be elected in 1956, 231
term to begin January 1, 1957, the fourth to be elected in 1964, 232
term to begin January 1, 1965, the fifth to be elected in 1976, 233
term to begin January 2, 1977; and the sixth to be elected in 234
1994, term to begin January 3, 1995; 235
(C) In Cuyahoga county, thirty-nine judges; eight to be 237
elected in 1954, terms to begin on successive days beginning from 238
January 1, 1955, to January 7, 1955, and February 9, 1955, 239
respectively; eight to be elected in 1956, terms to begin on 240
successive days beginning from January 1, 1957, to January 8, 241
1957; three to be elected in 1952, terms to begin from January 1, 242
1953, to January 3, 1953; two to be elected in 1960, terms to 243
begin on January 8, 1961, and January 9, 1961, respectively; two 244
to be elected in 1964, terms to begin January 4, 1965, and 245
January 5, 1965, respectively; one to be elected in 1966, term to 246
begin on January 10, 1967; four to be elected in 1968, terms to 247
begin on successive days beginning from January 9, 1969, to 248
January 12, 1969; two to be elected in 1974, terms to begin on 249
January 18, 1975, and January 19, 1975, respectively; five to be 250
elected in 1976, terms to begin on successive days beginning 251
January 6, 1977, to January 10, 1977; two to be elected in 1982, 252
terms to begin January 11, 1983, and January 12, 1983, 253
respectively; and two to be elected in 1986, terms to begin 254
January 13, 1987, and January 14, 1987, respectively; 255
In Franklin county, twenty-one judges; two to be elected in 258
1954, terms to begin January 1, 1955, and February 9, 1955,
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respectively; four to be elected in 1956, terms to begin January 259
1, 1957, to January 4, 1957; four to be elected in 1958, terms to 260
begin January 1, 1959, to January 4, 1959; three to be elected in 261
1968, terms to begin January 5, 1969, to January 7, 1969; three 262
to be elected in 1976, terms to begin on successive days 263
beginning January 5, 1977, to January 7, 1977; one to be elected 264
in 1982, term to begin January 8, 1983; one to be elected in 265
1986, term to begin January 9, 1987; two to be elected in 1990, 267
terms to begin July 1, 1991, and July 2, 1991, respectively; and 268
one to be elected in 1996, term to begin January 2, 1997; 269
In Hamilton county, twenty-one judges; eight to be elected 272
in 1966, terms to begin January 1, 1967, January 2, 1967, and 273
from February 9, 1967, to February 14, 1967, respectively; five 274
to be elected in 1956, terms to begin from January 1, 1957, to 275
January 5, 1957; one to be elected in 1964, term to begin January 276
1, 1965; one to be elected in 1974, term to begin January 15, 277
1975; one to be elected in 1980, term to begin January 16, 1981; 278
two to be elected at large in the general election in 1982, terms 279
to begin April 1, 1983; one to be elected in 1990, term to begin 280
July 1, 1991; and two to be elected in 1996, terms to begin 281
January 3, 1997, and January 4, 1997, respectively; 282
In Lucas county, fourteen judges; two to be elected in 284
1954, terms to begin January 1, 1955, and February 9, 1955, 285
respectively; two to be elected in 1956, terms to begin January 286
1, 1957, and October 29, 1957, respectively; two to be elected in 287
1952, terms to begin January 1, 1953, and January 2, 1953, 288
respectively; one to be elected in 1964, term to begin January 3, 289
1965; one to be elected in 1968, term to begin January 4, 1969; 290
two to be elected in 1976, terms to begin January 4, 1977, and 291
January 5, 1977, respectively; one to be elected in 1982, term to 292
begin January 6, 1983; one to be elected in 1988, term to begin 293
January 7, 1989; one to be elected in 1990, term to begin January 294
2, 1991; and one to be elected in 1992, term to begin January 2, 295
1993; 296
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In Mahoning county, seven judges; three to be elected in 298
1954, terms to begin January 1, 1955, January 2, 1955, and 299
February 9, 1955, respectively; one to be elected in 1956, term 300
to begin January 1, 1957; one to be elected in 1952, term to 301
begin January 1, 1953; one to be elected in 1968, term to begin 302
January 2, 1969; and one to be elected in 1990, term to begin 303
July 1, 1991; 304
In Montgomery county, fifteen judges; three to be elected 306
in 1954, terms to begin January 1, 1955, January 2, 1955, and 307
January 3, 1955, respectively; four to be elected in 1952, terms 308
to begin January 1, 1953, January 2, 1953, July 1, 1953, July 2, 309
1953, respectively; one to be elected in 1964, term to begin 310
January 3, 1965; one to be elected in 1968, term to begin January 311
3, 1969; three to be elected in 1976, terms to begin on 312
successive days beginning January 4, 1977, to January 6, 1977; 313
two to be elected in 1990, terms to begin July 1, 1991, and July 314
2, 1991, respectively; and one to be elected in 1992, term to 315
begin January 1, 1993. 316
In Stark county, eight judges; one to be elected in 1958, 318
term to begin on January 2, 1959; two to be elected in 1954, 319
terms to begin on January 1, 1955, and February 9, 1955, 320
respectively; two to be elected in 1952, terms to begin January 321
1, 1953, and April 16, 1953, respectively; one to be elected in 322
1966, term to begin on January 4, 1967; and two to be elected in 323
1992, terms to begin January 1, 1993, and January 2, 1993, 324
respectively; 325
In Summit county, eleven judges; four to be elected in 327
1954, terms to begin January 1, 1955, January 2, 1955, January 3, 328
1955, and February 9, 1955, respectively; three to be elected in 329
1958, terms to begin January 1, 1959, January 2, 1959, and May 330
17, 1959, respectively; one to be elected in 1966, term to begin 331
January 4, 1967; one to be elected in 1968, term to begin January 332
5, 1969; one to be elected in 1990, term to begin May 1, 1991; 333
and one to be elected in 1992, term to begin January 6, 1993. 334
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Notwithstanding the foregoing provisions, in any county 336
having two or more judges of the court of common pleas, in which 337
more than one-third of the judges plus one were previously 338
elected at the same election, if the office of one of those 339
judges so elected becomes vacant more than forty days prior to 340
the second general election preceding the expiration of that 341
judge's term, the office that that judge had filled shall be 342
abolished as of the date of the next general election, and a new 343
office of judge of the court of common pleas shall be created. 344
The judge who is to fill that new office shall be elected for a 345
six-year term at the next general election, and the term of that 347
judge shall commence on the first day of the year following that 348
general election, on which day no other judge's term begins, so 349
that the number of judges that the county shall elect shall not 351
be reduced. 352
Judges of the probate division of the court of common pleas 354
are judges of the court of common pleas but shall be elected 355
pursuant to sections 2101.02 and 2101.021 of the Revised Code, 356
except in Adams, Harrison, Henry, Morgan, Morrow, Noble, and 357
Wyandot counties in which the judge of the court of common pleas 358
elected pursuant to this section also shall serve as judge of the 360
probate division. 361
Sec. 2501.011. (A) There shall be two THREE additional 370
judges of the court of appeals of the fifth district, composed of 371
Ashland, Coshocton, Delaware, Fairfield, Guernsey, Holmes, Knox, 372
Licking, Morgan, Morrow, Muskingum, Perry, Richland, Stark, and 373
Tuscarawas counties. 374
One of the additional judges of the fifth district court of 376
appeals shall be elected at the general election in 1980 for a 377
term of six years beginning February 10, 1981. One of the 378
additional judges of the fifth district court of appeals shall be 379
elected at the general election in 1982 for a term of six years 380
beginning February 10, 1983. ONE OF THE ADDITIONAL JUDGES OF THE 381
FIFTH DISTRICT COURT OF APPEALS SHALL BE ELECTED AT THE GENERAL 382
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ELECTION IN 2000 FOR A TERM OF SIX YEARS BEGINNING FEBRUARY 11, 383
2001. The additional judges shall thereafter be elected to hold 386
terms of six years.
In the fifth district, any three judges shall comprise the 388
court of appeals in the hearing and disposition of cases in 389
accordance with any local rules of practice and procedure that 390
may be adopted by the judges of the court. 391
(B) There shall be two additional judges of the court of 393
appeals of the sixth district, composed of Erie, Fulton, Huron, 394
Lucas, Ottawa, Sandusky, Williams, and Wood counties. 395
One of the additional judges of the sixth district court of 397
appeals shall be elected at the general election in 1980 for a 398
term of six years beginning February 10, 1981. One of the 399
additional judges of the sixth district court of appeals shall be 400
elected at the general election in 1990 for a term of six years 401
beginning on February 10, 1991. The additional judges shall 402
thereafter be elected to hold terms of six years. 403
In the sixth district, any three judges shall comprise the 405
court of appeals in the hearing and disposition of cases in 406
accordance with any local rules of practice and procedure that 407
may be adopted by the judges of the court. 408
(C) There shall be one additional judge of the court of 410
appeals of the seventh district, composed of Belmont, Carroll, 412
Columbiana, Harrison, Jefferson, Mahoning, Monroe, and Noble 414
counties.
The additional judge shall be elected at the general 416
election in 1996 for a term of six years beginning February 10, 417
1997. The additional judge thereafter shall be elected to hold 418
terms of six years.
In the seventh district, any three judges shall comprise 420
the court of appeals in the hearing and disposition of cases in 421
accordance with any local rules of practice and procedure that 422
may be adopted by the judges of the court. 423
(D) The judges provided for in this section and sections 425
11
2501.012 and 2501.013 of the Revised Code shall exercise the same 426
powers and jurisdiction and perform the same duties as the judges 427
of the courts of appeals; and shall receive the same 428
compensation, as provided by law, for the judges of the courts of 429
appeals. 430
Sec. 2501.012. (A) There shall be nine additional judges 439
of the court of appeals of the eighth district, composed of 440
Cuyahoga county. 441
Three of the additional judges of the eighth district court 443
of appeals shall be elected at the general election in 1962 for a 444
term of six years, their terms to commence on successive days 445
beginning on the first day of January, 1963. Three of the 446
additional judges of the eighth district court of appeals shall 447
be elected at the general election in 1976 for a term of six 448
years, their terms to commence on successive days beginning on 449
the first day of January, 1977. Three of the additional judges 450
of the eighth district court of appeals shall be elected at the 451
general election in 1990 for a term of six years, their terms to 452
commence on successive days beginning on February 10, 1991. The 453
additional judges shall thereafter be elected to hold terms of 454
six years. 455
In the eighth district, any three judges shall comprise the 457
court of appeals in the hearing and disposition of cases in 458
accordance with any local rules of practice and procedure that 459
may be adopted by the judges of the court. 460
(B) There shall be two additional judges of the court of 462
appeals of the ninth district, composed of Lorain, Medina, 463
Summit, and Wayne counties. 464
One of the additional judges of the ninth district court of 466
appeals shall be elected at the general election in 1980 for a 467
term of six years beginning February 10, 1981. One of the 468
additional judges of the ninth district court of appeals shall be 469
elected at the general election in 1986 for a term of six years 470
beginning February 11, 1987. The additional judges shall 471
12
thereafter be elected to hold terms of six years. 472
In the ninth district, any three judges shall comprise the 474
court of appeals in the hearing and disposition of cases in 475
accordance with any local rules of practice and procedure that 476
may be adopted by the judges of the court. 477
(C) There shall be five additional judges of the court of 479
appeals of the tenth district, composed of Franklin county. 480
One of the additional judges of the tenth district court of 482
appeals shall be elected at the general election in 1962 for a 483
term of six years beginning January 1, 1963. One of the 484
additional judges of the tenth district court of appeals shall be 485
elected at the general election in 1970 for a term of six years 486
beginning February 10, 1971. One of the additional judges of the 487
tenth district court of appeals shall be elected at the general 488
election in 1980 for a term of six years beginning January 2, 489
1981. One of the additional judges of the tenth district court 490
of appeals shall be elected at the general election in 1986 for a 491
term of six years beginning January 3, 1987. One of the 492
additional judges of the tenth district court of appeals shall be 493
elected at the general election in 1990 for a term of six years 494
beginning July 1, 1991. The additional judges shall thereafter 495
be elected to hold terms of six years. 496
In the tenth district, any three judges shall comprise the 498
court of appeals in the hearing and disposition of cases in 499
accordance with any local rules of practice and procedure that 500
may be adopted by the judges of the court. 501
(D) There shall be one TWO additional judge JUDGES of the 504
court of appeals of the eleventh district, composed of Lake, 505
Ashtabula, Geauga, Trumbull, and Portgage PORTAGE counties. 506
The ONE OF THE additional judge JUDGES OF THE ELEVENTH 508
DISTRICT COURT OF APPEALS shall be elected at the general 509
election in 1990 for a term of six years beginning February 10, 510
1991. ONE OF THE ADDITIONAL JUDGES OF THE ELEVENTH DISTRICT 511
COURT OF APPEALS SHALL BE ELECTED AT THE GENERAL ELECTION IN 2000 512
13
FOR A TERM OF SIX YEARS BEGINNING FEBRUARY 10, 2001. The 513
additional judge JUDGES shall thereafter be elected to hold terms 515
of six years.
In the eleventh district, any three judges shall comprise 517
the court of appeals in the hearing and disposition of cases in 518
accordance with any local rules of practice and procedure that 519
may be adopted by the judges of the court. 520
(E) There shall be one additional judge of the court of 522
appeals of the twelfth district, composed of Brown, Butler, 523
Clermont, Clinton, Fayette, Madison, Preble, and Warren counties. 524
The additional judge shall be elected at the general 526
election in 1986 for a term of six years beginning February 10, 527
1987. The additional judge shall thereafter be elected to hold 528
terms of six years. 529
In the twelfth district, any three judges shall comprise 531
the court of appeals in the hearing and disposition of cases in 532
accordance with any local rules of practice and procedure that 533
may be adopted by the judges of the court. 534
(F) Any judge of the court of appeals may be assigned by 536
the chief justice of the supreme court to hold court in another 537
district and shall hold court in the district to which he THE 538
JUDGE is assigned. 539
Section 2. That existing sections 2301.02, 2501.011, and 541
2501.012 of the Revised Code are hereby repealed. 542
Section 3. This act is hereby declared to be an emergency 544
measure necessary for the immediate preservation of the public 545
peace, health, and safety. The reason for such necessity is that 546
it is crucial that this act be enacted into law at the earliest 547
possible time to enable candidates for the new judicial positions 548
that are created by this act to timely file their declarations of 549
candidacy and statements of candidacy and nominating petitions. 550
Therefore, this act shall go into immediate effect. 551