130th Ohio General Assembly
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H. B. No. 188  As Introduced
As Introduced

129th General Assembly
Regular Session
2011-2012
H. B. No. 188


 Speaker Batchelder 

Cosponsors: Representatives Derickson, Beck, Thompson, Wachtmann, Maag, Stebelton, Amstutz, Adams, R., Combs, Blair, Gardner, Johnson, Boose, Carey, Butler, Grossman, Burke, Stautberg, Duffey, Huffman, Adams, J., Newbold, Hayes, Dovilla, Slaby, Martin, Brenner 



A BILL
To enact sections 103.61, 103.62, 103.63, 103.64, 103.65, 103.66, and 103.67 of the Revised Code to establish the Ohio Constitutional Modernization Commission and to make an appropriation.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 103.61, 103.62, 103.63, 103.64, 103.65, 103.66, and 103.67 of the Revised Code be enacted to read as follows:
Sec. 103.61.  The members of the Ohio constitutional modernization commission shall meet for the purpose of:
(A) Studying the Constitution of Ohio;
(B) Promoting an exchange of experiences and suggestions respecting desired changes in the Constitution;
(C) Considering the problems pertaining to the amendment of the Constitution;
(D) Making recommendations from time to time to the general assembly for the amendment of the Constitution.
A commission recommendation is void unless it receives a two-thirds vote of the membership of the commission.
Sec. 103.62.  In the event of a call for a constitutional convention, the Ohio constitutional modernization commission shall report to the general assembly its recommendations with respect to the organization of a convention, and report to the convention its recommendations with respect to amendment of the Constitution.
Sec. 103.63.  There is established an Ohio constitutional modernization commission consisting of thirty-two members. Twelve members shall be appointed from the general assembly as follows: three by the president of the senate, three by the minority leader of the senate, three by the speaker of the house of representatives, and three by the minority leader of the house of representatives. On January 1, 2012, and every two years thereafter, the twelve general assembly members shall meet, organize, and elect two co-chairpersons, who shall be from different political parties. The members shall then, by majority vote, appoint twenty commission members, not from the general assembly. All appointments shall end on the first day of January of every even-numbered year, and the commission shall then be re-created in the manner provided above. Members may be reappointed. Vacancies on the commission shall be filled in the manner provided for original appointments.
The members of the commission shall serve without compensation, but each member shall be reimbursed for actual and necessary expenses incurred while engaging in the performance of the member's official duties. Membership on the commission does not constitute holding another public office.
Sec. 103.64.  The Ohio constitutional modernization commission may receive appropriations and grants, gifts, bequests, and devises and may expend any funds received in such a manner for the purpose of reimbursing members for actual and necessary expenses incurred while engaged in official duties, or for the purpose of meeting expenses incurred in any special research or study relating to the Constitution of Ohio. The commission shall file annually with the auditor of state, on or before the fifteenth day of March, a full report of all grants, gifts, bequests, and devises received during the preceding calendar year, stating the date when each was received and the purpose for which the funds received therefrom were expended.
Sec. 103.65.  The Ohio constitutional modernization commission may employ professional, technical, and clerical employees as may be required successfully and efficiently to carry out the purposes of the commission. Funds for the compensation and reimbursement of employees shall be paid from the state treasury out of funds appropriated for the purpose. All disbursements of the commission shall be by voucher approved by one of the co-chairpersons of the commission.
Sec. 103.66.  The Ohio constitutional modernization commission shall make its first report to the general assembly not later than January 1, 2013. Thereafter, it shall report at least every two years until its work is completed.
Sec. 103.67.  The Ohio constitutional modernization commission shall complete its work on or before July 1, 2021, and shall cease to exist at that time. The terms of all members shall expire July 1, 2021.
Section 2. All appropriation items in this act are appropriated out of money in the state treasury to the credit of the designated fund. For all appropriations made in this act, the amounts in the first column are for fiscal year 2012 and the amounts in the second column are for fiscal year 2013. The appropriations made in this act are in addition to any other appropriations made for the FY 2012-FY 2013 biennium.
Appropriations
LSC Legislative Service Commission
General Revenue Fund
GRF 035411 Ohio Constitutional Modernization Commission $ 50,000 $ 50,000
TOTAL GRF General Revenue Fund $ 50,000 $ 50,000
TOTAL ALL BUDGET FUND GROUPS $ 50,000 $ 50,000

OHIO CONSTITUTIONAL MODERNIZATION COMMISSION
The foregoing appropriation item 035411, Ohio Constitutional Modernization Commission, shall be used to support the operation and expenses of the Ohio Constitutional Modernization Commission under sections 103.61 to 103.67 of the Revised Code.
Section 3. Within the limits set forth in this act, the Director of Budget and Management shall establish accounts indicating the source and amount of funds for each appropriation made in this act, and shall determine the form and manner in which appropriation accounts shall be maintained. Expenditures from appropriations contained in this act shall be accounted for as though made in the main operating appropriations act of the 129th General Assembly.
The appropriations made in this act are subject to all provisions of the main operating appropriations act of the 129th General Assembly that are generally applicable to such appropriations.
Section 4. Sections 2, 3, and 4 of this act, and the items of law of which they are composed, are not subject to the referendum under Ohio Constitution, Article II, Section 1d and section 1.471 of the Revised Code and therefore go into immediate effect when this act becomes law.
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