July 2015 Ohio Constitutional Modernization Commission Meetings

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All meetings will take place on Thursday, July 9, 2015  in Columbus, Ohio.  If you are interested in addressing a committee please contact Steven C. Hollon, Executive Director of the Ohio Constitutional Modernization Commission at 614.644.2022. For changes and updates, see http://www.ocmc.ohio.gov/ocmc/home 10:00 a.m. Education, Public Institutions, and Local Government Committee – South Meeting Room […]

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Anti-Monopoly Amendment to Ohio Constitution will be on the Ballot

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House Joint Resolution 4,  which would restrict amendments  to the Ohio Constitution that create economic benefits in favor of certain individuals will be on the ballot this November.  The resolution was passed by the necessary margin in the Ohio House and Senate. See our prior post: House Joint Resolution 4 Aims to Restrict Constitutionally Created Monopolies

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Cities Disobeying State Traffic Camera Restrictions Will Lose State Funds, Although Restrictions Held Unconstitutional

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Ohio’s budget act, HB 64, requires that municipalities operating traffic cameras in violation of state restrictions lose local government funding from the state in the amount equal to the fines collected from the cameras.  The Ohio legislature recently enacted restrictions on traffic cameras, such as requiring police officers to be present, and other restrictions. See SB 342.  Several county

Cities Disobeying State Traffic Camera Restrictions Will Lose State Funds, Although Restrictions Held Unconstitutional Read Post »

Ohio Constitutional Modernization Commission Will End 3 Years Earlier, Per Budget Act

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While Governor Kasich vetoed 44 provisions in the FY 2016- FY2017 budget bill, House Bill 64, the language cutting the duration of the Ohio Constitutional Modernization Commission remains.  The commission will end on January 1, 2018 instead of July 2021.  The commission, created in 2011, got off to a slow start, some say because of delay by the legislature. 

Ohio Constitutional Modernization Commission Will End 3 Years Earlier, Per Budget Act Read Post »

Ohio Can Proceed with Congressional Redistricting Reforms – SCOTUS Approves Independent Redistricting Commissions

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The U.S. Supreme Court found that nonpartisan citizen commissions may draw lines for Congressional districts, instead of state legislatures.  See Arizona State Legislature v. Arizona Indep. Redistricting Comm’n, No. 13-1314 (U.S. June 29, 2015).  Now Ohio can move forward with H.J.R. 2, a proposal to amend the Ohio Constitution to make the redistricting process more

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Enrolled Budget Bill Sunsets Ohio Constitutional Modernization Commission in 2018

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The budget bill passed by the Ohio House and Senate, 131st General Assembly Amended Substitute HB 64, will terminate the Ohio Constitutional Modernization Commission (OCMC) on January 1, 2018.    It will repeal sections 103.61, 103.62, 103.63, 103.64, 103.65, 103.66, and 103.67 of the Revised Code on that date.   Am. Sub. H.B. 64 awaits signature by Governor Kasich.

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Ohio Constitution Affords More Protection Against Unlawful Searches and Seizures Than U.S. Constitution, Ohio Supreme Court Holds

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The Ohio Supreme Court held that an extraterritorial search, prohibited by RC 4513.39, can violate the Ohio Constitution’s provision against search and seizures, Ohio Constitution, Art. I, Section 14, even though the search did not violate the U.S. Constitution as there was probable cause for the search.  See CourtNewsOhio, Officer Had No Authority to Make

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Same Sex Marriage Ban Language May Remain in Ohio Constitution, Even Though Supreme Court Ruling Makes it Unenforceable

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In  Obergefell v. Hodges, No. 14-556 (U.S. Jun 26, 2015), the United States Supreme Court held in a 5-4 decision that the Fourteenth Amendment’s equal protection clause prohibits states from denying marriage licenses to same sex couples. Obergefell also requires states to recognize the same-sex marriages of other states.  Thus, Ohio Constitution Article XV Section 11, stating that

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Lucas County Court Finds Budget Bill Violates One Subject Rule by Including Abortion Provisions

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Judge Myron C. Duhart of the Lucas County Common Pleas Court found that Ohio’s budget bill passed in 2013, H.B. 59,  violates the one subject rule of the Ohio Constitution.   H.B. 59’s provisions banning public hospitals from making transfer agreements with abortion clinics had no common purpose with the rest of the budget bill. 

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