Legislation

Ohio Supreme Court Holds That Challenge to the Constitutionality of the Reagan Tokes Act Is Ripe for Judicial Review in a Direct Appeal of the Initial Sentence

Ohio courts are not bound by the case or controversy requirements of Article III of the U.S. Constitution in determining whether cases in the Ohio courts are justiciable, but they are free to look to federal principles in developing state justiciability requirements, including the ripeness requirement. Under the Reagan Tokes Law, O.R.C. 2967.271, which became […]

Ohio Supreme Court Holds That Challenge to the Constitutionality of the Reagan Tokes Act Is Ripe for Judicial Review in a Direct Appeal of the Initial Sentence Read Post »

Proposed Resolution Amending Constitution to Ban Slavery as Punishment

 Ohio House Joint Resolution No. 8 was introduced on May 25, 2016. The resolution proposes to amend Article 1, Section 6 of the Ohio Constitution, to prohibit slavery or involuntary servitude from being used as a punishment for committing a crime. Currently, Section 6 of Article 1 states “There shall be no slavery in this

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Proposed Amendment

 Senator Sandra Williams has recently introduced a Senate Joint Resolution proposing an amendment to the Ohio Constitution. Senate Joint Resolution 6 would “amend Section 10 of Article I of the Constitution of the State of Ohio to allow the prosecutor in a felony case to elect to prosecute upon a finding of probable cause by

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

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 »

Enrolled Budget Bill Sunsets Ohio Constitutional Modernization Commission in 2018

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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House Joint Resolution 4 Aims to Restrict Constitutionally Created Monopolies

House Joint Resolution 4,  introduced yesterday, would amend the Ohio Constitution to restrict amendments  to the Ohio Constitution that create economic benefits in favor of certain individuals.  Initiatives by the General Assembly would not face these restrictions, only initiatives by individuals.  An individual or group wanting to amend the Ohio Constitution to create an economic

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Ohio Senate Finance Committee Wants to Eliminate the Ohio Constitutional Modernization Commission

The Ohio Senate Finance Committee wants to sunset the Ohio Constitutional Modernization Commission (O.C.M.C.) on Jan 1, 2016.  See the Committee’s report on the budget bill, Amended Substitute HB 64.   The Ohio Legislature created the Commission in 2011 to make recommendations to the General Assembly as to Constitutional revision. See  HB 188 (129th General Assembly). 

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