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H. J. R. No. 8 As IntroducedAs Introduced
| 130th General Assembly | | Regular Session | | 2013-2014 |
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A JOINT RESOLUTION | Proposing to amend Sections 2 and 7 of Article II,
Section 6 of Article IV, Section 9 of Article V,
Sections 3 and 4 of Article VI, and Section 1 of
Article XIV; to enact new Section 8 of Article V;
to enact Section 5 of Article X and Section 15 of
Article XVIII; and to repeal Section 8 of Article
V of the Constitution of the State of Ohio to
institute term limits for certain elected and
appointed officials and to increase the term
limits for members of the General Assembly.
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| Be it resolved by the General Assembly of the State of Ohio,
three-fifths of the members elected to each house concurring
herein, that there shall be submitted to the electors of the
state, in the manner prescribed by law at a special election to be
held on May 6, 2014, a proposal to amend Sections 2 and 7 of
Article II, Section 6 of Article IV, Section 9 of Article V,
Sections 3 and 4 of Article VI, and Section 1 of Article XIV; to
enact new Section 8 of Article V; to enact Section 5 of Article X
and Section 15 of Article XVIII; and to repeal Section 8 of
Article V of the Constitution of the State of Ohio to read as
follows: |
| 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 twothree successive terms of four years. No person
shall hold the office of state representative for a period longer
than foursix 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. |
| Section 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. No person shall hold the office of president of
the Senate for a period of longer than eight successive years. No
person shall hold the office of speaker of the House of
Representatives for a period of longer than eight successive
years. Years shall be considered successive unless separated by a
period of four or more years. |
| Each House shall determine its own rules of proceeding. |
| Section 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 histhe
judge's term of office in the county, district, or subdivision in
which histhe judge's 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. |
| (5) No person shall hold a judicial office for a period
longer than twelve successive years. Years shall be considered
successive unless separated by a period of four or more years. |
| (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)(1) No person shall be elected or appointed to any
judicial office if on or before the day when hethe person shall
assume the office and enter upon the discharge of its duties hethe person shall have attained the age of seventy years. Any |
(2) Any voluntarily retired judge, or any judge who is
retired under this section, who has not served in a judicial
office during the previous four years may be assigned with histhe
judge's 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 hethe judge may be entitled. LawsNo retired
judge shall serve on active duty for a period longer than twelve
successive years. Years shall be considered successive unless
separated by a period of four or more years. |
| (3) Laws may be passed providing retirement benefits for
judges. |
| 8. Except as otherwise provided in Articles X and
XVIII of this Constitution, if any of the following types of
offices are created by law, no person shall hold such an office
for a period longer than twelve successive years: |
| (A) Elective offices of a political subdivision; |
| (B) Elected or appointed positions as members of a board or
commission of the state or of a political subdivision. |
| Years shall be considered successive unless separated by a
period of four or more years. |
Section 9. In determining the eligibility of an individual
to hold an office in accordance with articles iiArticlesII, iiiIII, and vIV, V, VI, X, XIV, and XVIII of this constitution , (a)
time: |
(A) Time spent in an office in fulfillment of a term to which
another person was first elected or appointed 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 |
(B) A person who is elected to an office in a regularly
scheduled general election or who is appointed to an office at the
beginning of a term and resigns prior to the completion of the
term for which he or shethe person was elected or appointed,
shall be considered to have served the full term in that office. |
| Section 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. |
| No person shall hold the office of member of a board of
education for a period longer than twelve successive years. Years
shall be considered successive unless separated by a period of
four or more years. |
Section 4. (A) 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. ThereNo person shall hold the office of
member of the board for a period longer than twelve successive
years. Years shall be considered successive unless separated by a
period of four or more years. |
(B) There shall be a superintendent of public instruction,
who shall be appointed by the state board of education. The |
| (C) The respective powers and duties of the board and of the
superintendent shall be prescribed by law. |
| 5. (A) No person shall hold an elective office of a
county or a township, or an elected or appointed office on a
county or township board or commission, for a period longer than
twelve successive years. Years shall be considered successive
unless separated by a period of four or more years. |
| (B) A county charter adopted under this article may specify a
shorter maximum period of successive years during which a person
may hold such an office. |
| Section 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.
Except for the director of the
state department that regulates agriculture and the State
Veterinarian in the state department that regulates agriculture,
no person shall hold the office of member of the Board for a
period longer than twelve successive years. Years shall be
considered successive unless separated by a period of four or more
years. |
| (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. |
| 15. (A) No person shall hold an elective municipal
office, or an elected or appointed office on a municipal board or
commission, for a period longer than twelve successive years.
Years shall be considered successive unless separated by a period
of four or more years. |
| (B) A municipal charter adopted under this article may
specify a shorter maximum period of successive years during which
a person may hold such an office. |
| EFFECTIVE DATE AND REPEAL
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| If adopted by a majority of the electors voting on this
proposal, Sections 2 and 7 of Article II, Section 6 of Article IV,
Section 9 of Article V, Sections 3 and 4 of Article VI, and
Section 1 of Article XIV as amended by this proposal and new
Section 8 of Article V, Section 5 of Article X, and Section 15 of
Article XVIII of the Constitution of the State of Ohio as enacted
by this proposal shall take effect immediately, and existing
Sections 2 and 7 of Article II, existing Section 6 of Article IV,
existing Section 9 of Article V, existing Sections 3 and 4 of
Article VI, existing Section 1 of Article XIV, and Section 8 of
Article V of the Constitution of the State of Ohio shall be
repealed effective immediately. |
| Section 7 of Article II, Section 6 of Article IV, Sections 3
and 4 of Article VI, and Section 1 of Article XIV as amended by
this proposal and new Section 8 of Article V, Section 5 of Article
X, and Section 15 of Article XVIII of the Constitution of the
State of Ohio as enacted by this proposal first apply to an
officer when the officer begins a new term of office on or after
the effective date of those amendments and enactments. |
| The amendments to Section 6 of Article IV and Section 9 of
Article V of the Constitution of the State of Ohio in part
substitute gender neutral for gender specific language. These
gender neutralizing amendments are not intended to make a
substantive change in the Ohio Constitution. The gender neutral
language is to be construed as a restatement of, and substituted
in a continuing way for, the corresponding gender specific
language existing prior to adoption of the gender neutralizing
amendments. |
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