As Introduced 126th General Assembly Regular Session H. B. No. 699 2005-2006 Representative Calvert ABILL To amend sections 3.21, 3.23, 5.10, 9.37, 101.15, 1 101.34, 101.72, 101.83, 101.92, 107.40, 121.62, 2 126.11, 131.02, 133.021, 151.01, 151.09, 151.10, 3 151.40, 152.09, 152.18, 152.19, 152.21, 152.24, 4 152.242, 152.26, 169.13, 333.02, 333.04, 340.03, 5 340.09, 340.12, 715.70, 715.81, 1520.02, 2301.02, 6 2305.26, 2329.07, 2701.06, 3317.013, 3317.022, 7 3317.029, 3317.0217, 3317.03, 3383.01, 3383.07, 8 3706.01, 3770.05, 3770.073, 4121.121, 4503.068, 9 4728.03, 4763.03, 4763.05, 4763.06, 4919.76, 10 5107.12, 5111.88, 5115.06, 5119.071, 5120.03, 11 5123.08, 5139.02, 5502.62, 5537.01, 5537.02, 12 5537.03, 5537.10, 5537.17, 5537.24, 5537.26, 13 5537.27, 5537.28, 5701.11, 5709.87, 5727.84, 14 5741.101, 5751.011, 5910.03, and 5919.31; to enact 15 sections 184.191, 3318.101, and 5713.051 of the 16 Revised Code; to amend Section 206.09.84 of Am. 17 Sub. H.B. 66 of the 126th General Assembly, as 18 subsequently amended, and to amend Section 19 206.09.84 of Am. Sub. H.B. 66 of the 126th General 20 Assembly, for the purpose of codifying it as 21 section 3310.41 of the Revised Code; to amend 22 Sections 203.12.06, 203.24, 203.57, 203.81, 23 206.33, 206.66.06, 209.54, 209.63.30, and 209.93 24 of Am. Sub. H.B. 66 of the 126th General Assembly; 25 H. B. No. 699 Page 2 As Introduced and to amend Sections 203.27, 209.63, and 212.30 26 of Am. Sub. H.B. 66 of the 126th General Assembly, 27 as subsequently amended; and to amend Section 28 243.10 of Am. Sub. H.B. 530 of the 126th General 29 Assembly; and to amend the version of section 30 5502.62 of the Revised Code that is scheduled to 31 take effect April 1, 2007, to make capital and 32 other appropriations and to provide authorization 33 and conditions for the operation of state 34 programs. 35 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: Section 101.01. That sections 3.21, 3.23, 5.10, 9.37, 101.15, 36 101.34, 101.72, 101.83, 101.92, 107.40, 121.62, 126.11, 131.02, 37 133.021, 151.01, 151.09, 151.10, 151.40, 152.09, 152.18, 152.19, 38 152.21, 152.24, 152.242, 152.26, 169.13, 333.02, 333.04, 340.03, 39 340.09, 340.12, 715.70, 715.81, 1520.02, 2301.02, 2305.26, 40 2329.07, 2701.06, 3317.013, 3317.022, 3317.029, 3317.0217, 41 3317.03, 3383.01, 3383.07, 3706.01, 3770.05, 3770.073, 4121.121, 42 4503.068, 4728.03, 4763.03, 4763.05, 4763.06, 4919.76, 5107.12, 43 5111.88, 5115.06, 5119.071, 5120.03, 5123.08, 5139.02, 5502.62, 44 5537.01, 5537.02, 5537.03, 5537.10, 5537.17, 5537.24, 5537.26, 45 5537.27, 5537.28, 5701.11, 5709.87, 5727.84, 5741.101, 5751.011, 46 5910.03, and 5919.31 be amended; that Section 206.09.84 of Am. 47 Sub. H.B. 66 of the 126th General Assembly, as amended by Am. Sub. 48 H.B. 530 of the 126th General Assembly, be amended and that 49 Section 206.09.84 of Am. Sub. H.B. 66 of the 126th General 50 Assembly, as amended by Am. Sub. H.B. 530 of the 126th General 51 Assembly, be amended for the purpose of codifying it as section 52 3310.41 of the Revised Code and sections 184.191, 3318.101, and 53 5713.051 of the Revised Code be enacted to read as follows: 54 H. B. No. 699 Page 3 As Introduced Sec. 3.21. A Subject to any section of the Revised Code that 55 prescribes the form of an oath, a person may be sworn in any form 56 he the person deems binding on his the person's conscience. 57 Sec. 3.23. The oath of office of each judge of a court of 58 record shall be to support the constitution of the United States 59 and the constitution of this state, to administer justice without 60 respect to persons, and faithfully and impartially to discharge 61 and perform all the duties incumbent on him the person as such 62 judge, according to the best of his the person's ability and 63 understanding. The oath of office of every other officer, deputy, 64 or clerk shall be to support the constitution of the United States 65 and the constitution of this state, and faithfully to discharge 66 the duties of his the office. 67 Except for justices of the supreme court as provided in 68 section 2701.05 of the Revised Code, each judge of a court of 69 record shall take the oath of office on or before the first day of 70 the judge's official term. The judge shall transmit a certificate 71 of oath, signed by the person administering the oath, to the clerk 72 of the respective court and shall transmit a copy of the 73 certificate of oath to the supreme court. The certificate of oath 74 shall state the term of office for that judge, including the 75 beginning and ending dates of that term. If the certificate of 76 oath is not transmitted to the clerk of the court within twenty 77 days from the first day of the judge's official term, the judge is 78 deemed to have refused to accept the office, and that office shall 79 be considered vacant. The clerk of the court forthwith shall 80 certify that fact to the governor and the governor shall fill the 81 vacancy. 82 The oath of office of a judge under this section shall be 83 taken in a form that is substantially similar to the following: 84 H. B. No. 699 Page 4 As Introduced "I, (name), do solemnly swear that I will support the 85 Constitution of the United States and the Constitution of Ohio, 86 will administer justice without respect to persons, and will 87 faithfully and impartially discharge and perform all of the duties 88 incumbent upon me as (name of office) according to the best of my 89 ability and understanding. [This I do as I shall answer unto 90 God.]" 91 Sec. 5.10. All official seals shall have engraved thereon the 92 coat of arms of the state, as described in section 5.04 of the 93 Revised Code. 94 The great seal of the state shall be two and one-half inches 95 in diameter and shall consist of the coat of arms of the state 96 within a circle having a diameter of one and three-fourths inches, 97 surrounded by the words "THE GREAT SEAL OF THE STATE OF OHIO" in 98 news gothic capitals. The great seal of the state shall correspond 99 substantially with the following design: 100 101 The design of the great seal shall not be reproduced, except 102 as required by any provision of the Ohio Constitution and the 103 Revised Code, unless permission to do so is first obtained from 104 the governor. The governor may authorize reproduction of the 105 design of the great seal when the purpose is to: 106 (A) Permit publication of a reproduction of the great seal of 107 the state of Ohio; 108 (B) Aid educational or historical programs; 109 (C) Promote the economic or cultural development of the state 110 in a manner deemed appropriate by the governor. 111 A permanent record shall be kept in the governor's office of 112 each permit to reproduce the design of the great seal. 113 No person shall use or permit to be used any reproduction or 114 H. B. No. 699 Page 5 As Introduced 115 facsimile of the great seal or a counterfeit or nonofficial 116 version of the great seal for any purpose not authorized by the 117 governor. The seal of the supreme court shall consist of the coat of 118 arms of the state within a circle one and three-fourths one-half 119 inches in diameter and shall be surrounded by the words "THE 120 SUPREME COURT OF THE STATE OF OHIO." 121 The seal of each court of appeals, court of common pleas, and 122 probate court shall consist of the coat of arms of the state 123 within a circle one and one-fourth inches in diameter, and each 124 seal shall be surrounded by the words "COURT OF APPEALS, 125 ................ County, Ohio"; "COMMON PLEAS COURT, 126 ................ County, Ohio"; or "PROBATE COURT, 127 ................ County, Ohio." 128 (Insert the name of the proper county.) 129 The seals of all other courts of record shall be of the same 130 size as the seal of the court of common pleas, and each shall be 131 surrounded by the proper name of the court. 132 The seal of the secretary of state shall consist of the coat 133 of arms of the state within a circle one and one-fourth inches in 134 diameter and shall be surrounded by the words "THE SEAL OF THE 135 SECRETARY OF STATE OF OHIO." 136 The seal of the auditor of state shall consist of the coat of 137 arms of the state within a circle of one and one-fourth inches in 138 diameter, and shall be surrounded by the words "THE SEAL OF THE 139 AUDITOR OF STATE OF OHIO." 140 The seal of the treasurer of state shall consist of the coat 141 of arms of the state within a circle one and one-fourth inches in 142 diameter, and shall be surrounded by the words "THE SEAL OF THE 143 TREASURER OF STATE OF OHIO." 144 H.