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Recommendations for Amendments to the Ohio Constitution : Part 1

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Recommendations for Amendments to the Ohio Constitution : Part 1 , .. '.' ( I STATE OF OHIO OHIO CONSTITUTIONAL REVISION COMMISSION Recommendations for Amendments to the Ohio Constitution PART I Administration, Organization, and Procedures of the CENERAL ASSEMBLY December 31, 1971 Ohio Constitutional Revision Commission 20 South Third Street, Room 212 Columbus, Ohio 43215 STATE OF OHIO OHIO CONSTITUTIONAL REVISION COMMISSION Recommendations for Amendments to the Ohio Constitution PART I Administration, Organization, and Procedures of the GENERAL ASSEMBLY December 31, 1971 Ohio Constitutional Revision Commission 20 South Third Street, Room 212 Columbus, Ohio 43215 C9/zio Constitutt·onal !Revision Commission 20 South Third Street, Room 212 COLUMBUS, OHIO 43215 Tel. (6141 469-6293 Ann M. Eriksson, Director Address for reply: PO Box 823 Fostoria OH 44830 LEGISLATIVE MEMBEits SENATORS DOUGLAS APPLEGATE 31. December 1971 ANTHONY O. CALABRESE MAX H. DENNIS JAMES K. LEEDY The Ohio General Assembly OLIVER OCASEK State House WILLIAM W. TAFT Columbus OH REPRESENTATIVES CHARLES e. FRY Gentlemen: WILLlAI,,\ L. MALLORY BARNEY QUILTER I have the honor of submitting this report of the Constitutional Revision ANTHONY J. RUSSO Commission, containing the first group of Commission recommenda­ JAMES E. THORPE tions to the General As sembly and to the people of Ohio. WALTER L. WHITE PUBLIC MEMBERS The Commission was established by the General Assembly for the JOSEPH W. BARTUNEK primary purpose of studying the Ohio Constitution and recommending NAPOLEON BELL amendments. Since January 1971, when we organized for this task, NORBERT BROCKMAN we have held meetings nearly every month and committees created to NOLAN W. CARSON study particular subjects have also been meeting monthly. Our meet­ RICHARD H. CARTER Chairman' ings are all open to the public, and public participation has been en­ WARREN CUNNINGHAM couraged. JOHN DUFFEY RICHARD E. GUGGENHEIM The recommendations contained in this report are the result of the work EDWIN L. HEMINGER of the committee named to study constitutional provisions relating to the HAROLD A. HOVEY legislative and executive branches of government. Each issue was CHARLES W. INGLER carefully researched and studied in great detail, from the perspective FRANK W. KING both of history and of current practices and needs. Each recommenda­ DON W. MONTGOMERY MRS. LINDA ORFIRER tion represents many hours of study, discussion and debate. Vice Chairman DEAN G. OSTRUM Since this first group of recommendations represents only a small FRANK POKORNY portion of the total task, a great deal of arduous work still faces the RAY ROSS OLIVER C. SCHROEDER, JR. Commission. Commission members, legislators and public members JOHN A. SKIPTON alike, have devoted much time and effort to their assignment and are JACK D. WILSON committed to the job of providing the General Assembly and the people of this state with the very best recommendations for constitutional revision possible. Our goal is a Constitution which will meet present and future needs of the people of a growing and dynamic state witmut destroying practices and institutions which have served us well in the past, and continue to serve us well now. 8 The Ohio General Assembly 31 December 1971 Page 2 We are proud to be asso ciated with this endeavor in Ohio. and offer this report as evidence of our belief that our system of government can be improved through careful consideration of problems and thoughtful suggestions for solutions. Respectfully submitted on behalf of the Commission members. ~_-I#:e.zz Richard H. Carter Chairman RHC/hes 4 TABLE OF CONTENTS Page Introduction 7 Members of the Commission ................................... .. 9 The Ohio Constitution: A Brief History ......................... .. 11 Summary of Recommendations 15 Recommendations 17 Article II Section 4 17 Section 5 23 Section 6 24 Section 7 26 Section 8 29 Section 9 33 Section 11 35 Section 14 38 Section 15 39 Section 16 49 Section 17 53 Section 18 53 Section 19 53 Section 25 53 Section 31 54 Article III Section 1a 56 Section 3 59 Section 16 60 Article IV Section 15 63 Section 22 65 Article V Section 2a 68 Appendix A 70 Appendix B 72 5 INTRODUCTION The 108th General Assembly (1969-70) created plaining the organization and purposes oftheCom­ the Ohio Constitutional Revision Commission and mission were sent to all members of the General charged it with these specific duties:1 Assembly, the head of each state department or (A) studying the Constitution of Ohio; agency and the Chief Justice of the Ohio Supreme Court. In addition, professional and business (B) promoting an exchange of experiences and organizations were contacted. suggestions respecting desired changes in The Public Information Committee was com­ the Constitution; posed of the following members: Mr. Ross, Chair­ (C) considering the problems pertaining to the man; Mr. Heminger, Vice-Chairman' Senator amendment of the Constitution; Dennis; Representative Quilter; and M~ssrs. Bell, (D) making recommendations from time to Montgomery, Pokorny, and Wilson. The commit­ time to the General Assembly for the tee made several recommendations to the Commis­ amendment of the Constitution. sion, including proposing information seminars The Commission is composed of thirty-two fo.r members of the Commission to acquaint them members, of whom twelve are members of the WIth the problems of constitutional revision gen­ General Assembly and twenty are not legislators. erally, standards for the content and drafting of The twenty public members are chosen by the state constitutions and information on the various General Assembly members. After all members subjects undertaken for study by the Commission had been selected, the Commission organized, or its committees. The committee also proposed selected a Director, and has held regular monthlv meetings or seminars to be held for the purpose meetings (except in June and July) since Jan~­ of providing public information on subjects of ary, in 1971. Commission meetings are open to Commission study or for explaining Commission the public. recommendations to the public and offering an The Commission elected Mr. Richard H. Carter opportunity for public comment or testimony. as Chairman and Mrs. Alexander Orfirer as Vice­ The Subject Matter Committee was composed Chairman. In his remarks accepting the chair­ of the following members: Senator Taft, Chair­ manship, at the February meeting, Mr. Carter man; Mr. Brockman, Vice-Chairman; Senator stated that the sizeable task of constitutional re­ Ocasek; Representatives Mallory and Thorpe' and vision in Ohio would call for the best efforts of Mr. Cunningham, Mrs. Orfirer; and Mr. Schroe­ all Commission members and emphasized the der. This committee recommended that the Com­ nonpartisan nature of the job. He also noted that mission be divided into four committees to begin a major chore of public education lay ahead if the studies of four different constitutional topics as Commission's work is to be successful. Four com­ follows: The Legislature, the Executive Branch mittees were created in order to establish a for­ Local Government, and Finance and Taxation: This plan was adopted by the Commission and mat and procedures for Commission operations. indicat~d The Organization and Administration Commit­ the Subject Matter Committee then to tee was composed of the following members: each committee the particular portions of the Senator Applegate, Chairman; Mr. Ostrum, Vice­ Constitution which appeared to fall within the Chairman; Representative White; and Messrs. scope of the committee assignment. Carter, Duffey, Guggenheim, King, and Skipton. Pursuant to its statutory duties, the Commis­ This committee reviewed the Commission budget, sion, early in its deliberations, considered "the handled subject-matter committee assignments, problems pertaining to the amendment of the and prepared Rules for Commission considera­ Constitution," particularly whether it was neces­ tion. The Rules were discussed, amended, and sary to seek an amendment to the Constitution to adopted as amended at the April 22 Commission broaden the purposes for which subsequent meeting. amendments could be placed before the voters The Committee on Liaison with Governmental After a review of the amending provisions of the and Public Groups was composed of the following Ohio Constitution (Article XVI), precedents, and members: Representative Fry, Chairman; Mr. court interpretations of these provisions and pre­ Bartunek, Vice-Chairman; Senators Calabrese cedents, the Commission reached a consensus that and Leedy; Representative Russo; and Messrs. its work could be effectively accomplished within Carson, Hovey, and Ingler. This committee made the present constitutional provisions, and an a number of recommendations with respect to con­ amendment to the amending procedures need not tacts with governmental and other organizations. be sought. As a result of these recommendations, letters ex­ The Commission then proceeded to the specific task of studying the Constitution and proposing 'Section 103.52 of the Revised Code. See Appendix A for the entire enabling legislation. recommendations for amendments to the General 7 Assembly. The original four committees were ConstItutIOn and compare provisions of the Ohio composed of the following members: Constitution with these standards. These speak­ The Legislature: Mr. Skipton, Chairman; Rep• ers included such distinguished persons as Dr. resentative Mallory, Vice-Chairman; Senators John P. Wheeler, Jr., of Hollins College, Virginia, Applegate and Taft; and
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