In Whom Power Vested

The legislative power of the state shall be vested ina General Assembly consisting of a Senate and Houseof Representatives but the people reserve to themselvesthe power to propose to the General Assemblylaws and amendments to the constitution, and to adoptor reject the same at the polls on a referendum voteas hereinafter provided. They also reserve the powerto adopt or reject any law, section of any law or anyitem in any law appropriating money passed by theGeneral Assembly, except as herein after provided;and independent of the General Assembly to proposeamendments to the constitution and to adopt or rejectthe same at the polls. The limitations expressed in theconstitution, on the power of the General Assembly toenact laws, shall be deemed limitations on the powerof the people to enact laws.

Initiative and Referendum to Amend Constitution

The first aforestated power reserved by the peopleis designated the initiative, and the signatures of tenper centum of the electors shall be required upon apetition to propose an amendment to the constitution.When a petition signed by the aforesaid required numberof electors, shall have been filed with the secretaryof state, and verified as herein provided, proposing anamendment to the constitution, the full text of whichshall have been set forth in such petition, the secretaryof state shall submit for the approval or rejection ofthe electors, the proposed amendment, in the mannerhereinafter provided, at the next succeeding regular orgeneral election in any year occurring subsequent toone hundred twenty-five days after the filing of suchpetition. The initiative petitions, above described,shall have printed across the top thereof: “Amendmentto the Constitution Proposed by Initiative Petition tobe Submitted Directly to the Electors.”

Initiative and Referendum to Enact Laws

When at any time, not less than ten days prior tothe commencement of any session of the General Assembly,there shall have been filed with the secretary ofstate a petition signed by three per centum of the electorsand verified as herein provided, proposing a law,the full text of which shall have been set forth in suchpetition, the secretary of state shall transmit the sameto the General Assembly as soon as it convenes. If saidproposed law shall be passed by the General Assembly,either as petitioned for or in an amended form, it shallbe subject to the referendum. If it shall not be passed,or if it shall be passed in an amended form, or if noaction shall be taken thereon within four months fromthe time it is received by the General Assembly, it shallbe submitted by the secretary of state to the electors fortheir approval or rejection, if such submission shall bedemanded by supplementary petition verified as hereinprovided and signed by not less than three per centumof the electors in addition to those signing the originalpetition, which supplementary petition must be signedand filed with the secretary of state within ninety daysafter the proposed law shall have been rejected by theGeneral Assembly or after the expiration of such termof four months, if no action has been taken thereon, orafter the law as passed by the General Assembly shallhave been filed by the governor in the office of thesecretary of state. The proposed law shall be submittedat the next regular or general election occurringsubsequent to one hundred twenty-five days after thesupplementary petition is filed in the form demandedby such supplementary petition which form shall beeither as first petitioned for or with any amendment oramendments which may have been incorporated thereinby either branch or by both branches, of the GeneralAssembly. If a proposed law so submitted is approvedby a majority of the electors voting thereon, it shallbe the law and shall go into effect as herein providedin lieu of any amended form of said law which mayhave been passed by the General Assembly, and suchamended law passed by the General Assembly shallnot go into effect until and unless the law proposedby supplementary petition shall have been rejected bythe electors. All such initiative petitions, last abovedescribed, shall have printed across the top thereof, incase of proposed laws: “Law Proposed by InitiativePetition First to be Submitted to the General Assembly.”Ballots shall be so printed as to permit an affirmativeor negative vote upon each measure submittedto the electors. Any proposed law or amendment to theconstitution submitted to the electors as provided insection la and section 1b, if approved by a majority ofthe electors voting thereon, shall take effect thirty daysafter the election at which it was approved and shallbe published by the secretary of state. If conflictingproposed laws or conflicting proposed amendments tothe constitution shall be approved at the same electionby a majority of the total number of votes cast for andagainst the same, the one receiving the highest numberof affirmative votes shall be the law, or in the case ofamendments to the constitution shall be the amendmentto the constitution. No law proposed by initiativepetition and approved by the electors shall be subjectto the veto of the governor.

Referendum to Challenge Laws Enacted by General Assembly

The second aforestated power reserved by the peopleis designated the referendum, and the signatures ofsix per centum of the electors shall be required upon apetition to order the submission to the electors of thestate for their approval or rejection, of any law, sectionof any law or any item in any law appropriating moneypassed by the General Assembly. No law passed bythe General Assembly shall go into effect until ninetydays after it shall have been filed by the governor inthe office of the secretary of state, except as hereinprovided. When a petition, signed by six per centumof the electors of the state and verified as herein provided,shall have been filed with the secretary of statewithin ninety days after any law shall have been filedby the governor in the office of the secretary of state,ordering that such law, section of such law or any itemin such law appropriating money be submitted to theelectors of the state for their approval or rejection, thesecretary of state shall submit to the electors of thestate for their approval or rejection such law, sectionor item, in the manner herein provided, at the next succeedingregular or general election in any year occurringsubsequent to one hundred twenty-five days afterthe filing of such petition, and no such law, section oritem shall go into effect until and unless approved bya majority of those voting upon the same. If, however,a referendum petition is filed against any such sectionor item, the remainder of the law shall not thereby beprevented or delayed from going into effect.

Emergency Laws; Not Subject to Referendum

Laws providing for tax levies, appropriations forthe current expenses of the state government and stateinstitutions, and emergency laws necessary for theimmediate preservation of the public peace, health orsafety, shall go into immediate effect. Such emergencylaws upon a yea and nay vote must receive the vote oftwo thirds of all the members elected to each branch ofthe General Assembly, and the reasons for such necessityshall be set forth in one section of the law, whichsection shall be passed only upon a yea and nay vote,upon a separate roll call thereon. The laws mentionedin this section shall not be subject to the referendum.

Powers; Limitation of Use

(A) The powers defined herein as the “initiative” and“referendum” shall not be used to pass a law authorizingany classification of property for the purpose oflevying different rates of taxation thereon or of authorizingthe levy of any single tax on land or land valuesor land sites at a higher rate or by a different rule thanis or may be applied to improvements thereon or topersonal property.

(B)(1) Restraint of trade or commerce being injurious to this state andits citizens, the power of the initiative shall not be used to pass anamendment to this constitution that would grant or create a monopoly,oligopoly, or cartel, specify or determine a tax rate, or confer a commercialinterest, commercial right, or commercial license to any person, nonpublicentity, or group of persons or nonpublic entities, or any combination thereof,however organized, that is not then available to other similarly situatedpersons or nonpublic entities.

(2) If a constitutional amendment proposed by initiative petition iscertified to appear on the ballot and, in the opinion of the Ohio ballot board,the amendment would conflict with division (B)(1) of this section, the boardshall prescribe two separate questions to appear on the ballot, as follows:

(a) The first question shall be as follows:

"Shall the petitioner, in violation of division (B)(1) of Section 1e of Article II of the Ohio Constitution, be authorized to initiate a constitutional amendment that grants or creates a monopoly, oligopoly, or cartel, specifies or determines a tax rate, or confers a commercial interest, commercial right, or commercial license that is not available to other similarly situated persons?"

(b) The second question shall describe the proposed constitutionalamendment.

(c) If both questions are approved or affirmed by a majority of theelectors voting on them, then the constitutional amendment shall take effect.If only one question is approved or affirmed by a majority of the electorsvoting on it, then the constitutional amendment shall not take effect.(3) If, at the general election held on November 3, 2015, the electorsapprove a proposed constitutional amendment that conflicts with division(B)(1) of this section with regard to the creation of a monopoly, oligopoly,or cartel for the sale, distribution, or other use of any federal Schedule Icontrolled substance, then notwithstanding any severability provision to thecontrary, that entire proposed constitutional amendment shall not take effect.If, at any subsequent election, the electors approve a proposed constitutionalamendment that was proposed by an initiative petition, that conflicts withdivision (B)(1) of this section, and that was not subject to the proceduredescribed in division (B)(2) of this section, then notwithstanding anyseverability provision to the contrary, that entire proposed constitutionalamendment shall not take effect.

(C) The supreme court of Ohio shall have original, exclusivejurisdiction in any action that relates to this section.

Power of Municipalities

The initiative and referendum powers are herebyreserved to the people of each municipality on all questionswhich such municipalities may now or hereafterbe authorized by law to control by legislative action;such powers shall be exercised in the manner now orhereafter provided by law.

Petition Requirements and Preparation; Submission; Ballot Language; by Ohio Ballot Board

Any initiative, supplementary, or referendum petitionmay be presented in separate parts but each partshall contain a full and correct copy of the title, andtext of the law, section or item thereof sought to bereferred, or the proposed law or proposed amendmentto the constitution. Each signer of any initiative, supplementary,or referendum petition must be an electorof the state and shall place on such petition after hisname the date of signing and his place of residence.A signer residing outside of a municipality shall statethe county and the rural route number, post office address,or township of his residence. A resident of a municipalityshall state the street and number, if any, ofhis residence and the name of the municipality or thepost office address. The names of all signers to suchpetitions shall be written in ink, each signer for himself.To each part of such petition shall be attached thestatement of the circulator, as may be required by law,that he witnessed the affixing of every signature. Thesecretary of state shall determine the sufficiency of thesignatures not later than one hundred five days beforethe election.The Ohio supreme court shall have original, exclusivejurisdiction over all challenges made to petitions andsignatures upon such petitions under this section. Anychallenge to a petition or signature on a petition shallbe filed not later than ninety-five days before the dayof the election. The court shall hear and rule on anychallenges made to petitions and signatures not laterthan eighty-five days before the election. If no rulingdetermining the petition or signatures to be insufficientis issued at least eighty-five days before the election,the petition and signatures upon such petitions shall bepresumed to be in all respects sufficient.If the petitions or signatures are determined to beinsufficient, ten additional days shall be allowed forthe filing of additional signatures to such petition. Ifadditional signatures are filed, the secretary of stateshall determine the sufficiency of those additional signaturesnot later than sixty-five days before the election.Any challenge to the additional signatures shallbe filed not later than fifty-five days before the dayof the election. The court shall hear and rule on anychallenges made to the additional signatures not laterthan forty-five days before the election. If no rulingdetermining the additional signatures to be insufficientis issued at least forty-five days before the election, thepetition and signatures shall be presumed to be in allrespects sufficient.No law or amendment to the constitution submittedto the electors by initiative and supplementary petitionand receiving an affirmative majority of the votescast thereon, shall be held unconstitutional or void onaccount of the insufficiency of the petitions by whichsuch submission of the same was procured; nor shallthe rejection of any law submitted by referendum petitionbe held invalid for such insufficiency. Upon allinitiative, supplementary, and referendum petitionsprovided for in any of the sections of this article, itshall be necessary to file from each of one-half of thecounties of the state, petitions bearing the signaturesof not less than one-half of the designated percentageof the electors of such county. A true copy of all lawsor proposed laws or proposed amendments to the constitution,together with an argument or explanation,or both, for, and also an argument or explanation, orboth, against the same, shall be prepared. The personor persons who prepare the argument or explanation,or both, against any law, section, or item, submittedto the electors by referendum petition, may be namedin such petition and the persons who prepare the argumentor explanation, or both, for any proposed lawor proposed amendment to the constitution may benamed in the petition proposing the same. The personor persons who prepare the argument or explanation,or both, for the law, section, or item, submittedto the electors by referendum petition, or against anyproposed law submitted by supplementary petition,shall be named by the General Assembly, if in session,and if not in session then by the governor. The law, orproposed law, or proposed amendment to the constitution,together with the arguments and explanations,not exceeding a total of three hundred words for each,and also the arguments and explanations, not exceedinga total of three hundred words against each, shallbe published once a week for three consecutive weekspreceding the election, in at least one newspaper ofgeneral circulation in each county of the state, wherea newspaper is published. The secretary of state shallcause to be placed upon the ballots, the ballot languagefor any such law, or proposed law, or proposedamendment to the constitution, to be submitted. Theballot language shall be prescribed by the Ohio ballotboard in the same manner, and subject to the sameterms and conditions, as apply to issues submitted bythe general assembly pursuant to Section 1 of ArticleXVI of this constitution: The ballot language shall beso prescribed and the secretary of state shall cause theballots so to be printed as to permit an affirmative ornegative vote upon each law, section of law, or item ina law appropriating money, or proposed law, or proposedamendment to the constitution. The style of alllaws submitted by initiative and supplementary petitionshall be: “Be it Enacted by the People of the Stateof Ohio,” and of all constitutional amendments: “Beit Resolved by the People of the State of Ohio.” Thebasis upon which the required number of petitioners inany case shall be determined shall be the total numberof votes cast for the office of governor at the last precedingelection therefore. The foregoing provisions ofthis section shall be self-executing, except as hereinotherwise provided. Laws may be passed to facilitatetheir operation but in no way limiting or restricting eithersuch provisions or the powers herein reserved.

Election and Term of State Legislators

Representatives shall be elected biennially by theelectors of the respective House of Representativesdistricts; their term of office shall commence on thefirst day of January next thereafter and continue twoyears.Senators shall be elected by the electors of the respectiveSenate districts; their terms of office shallcommence on the first day of January next after theirelection. All terms of senators which commence onthe first day of January, 1969 shall be four years, andall terms which commence on the first day of January,1971 shall be four years. Thereafter, except for the fillingof vacancies for unexpired terms, senators shall beelected to and hold office for terms of four years.No person shall hold the office of State Senator for aperiod longer than two successive terms of four years.No person shall hold the office of State Representativefor a period longer than four successive terms oftwo years. Terms shall be considered successive unlessseparated by a period of four or more years. Onlyterms beginning on or after January 1, 1993 shall beconsidered in determining an individual’s eligibility tohold office.In determining the eligibility of an individual to holdoffice in accordance with this article, (A) time spent inan office in fulfillment of a term to which another personwas first elected shall not be considered providedthat a period of at least four years passed between thetime, if any, in which the individual previously heldthat office, and the time the individual is elected or appointedto fulfill the unexpired term; and (B) a personwho is elected to an office in a regularly scheduledgeneral election and resigns prior to the completion ofthe term for which he or she was elected, shall be consideredto have served the full term in that office.

Residence Requirements for State Legislators

Senators and representatives shall have resided intheir respective districts one year next preceding theirelection, unless they shall have been absent on thepublic business of the United States, or of this state.

Dual Office and Conflict of Interest Prohibited

No member of the General Assembly shall, duringthe term for which he was elected, unless duringsuch term he resigns therefrom, hold any public officeunder the United States, or this state, or a political subdivisionthereof; but this provision does not extend toofficers of a political party, notaries public, or officersof the militia or of the United States armed forces.No member of the General Assembly shall, duringthe term for which he was elected, or for one yearthereafter, be appointed to any public office under thisstate, which office was created or the compensationof which was increased, during the term for which hewas elected.

Who Shall Not Hold Office

No person hereafter convicted of an embezzlementof the public funds, shall hold any office in this state;nor shall any person, holding public money for disbursement,or otherwise, have a seat in the GeneralAssembly, until he shall have accounted for, and paidsuch money into the treasury.

Powers of Each House

Each house shall be the judge of the election, returns,and qualifications of its own members. A majorityof all the members elected to each house shallbe a quorum to do business; but, a less number mayadjourn from day to day, and compel the attendanceof absent members, in such manner, and under suchpenalties, as shall be prescribed by law.Each house may punish its members for disorderlyconduct and, with the concurrence of two-thirds ofthe members elected thereto, expel a member, but notthe second time for the same cause. Each house hasall powers necessary to provide for its safety and theundisturbed transaction of its business, and to obtain,through committees or otherwise, information affectinglegislative action under consideration or in contemplation,or with reference to any alleged breach ofits privileges or misconduct of its members, and to thatend to enforce the attendance and testimony of witnesses,and the production of books and papers.

Organization of Each House of the General Assembly

The mode of organizing each house of the GeneralAssembly shall be prescribed by law.Each house, except as otherwise provided in this constitution,shall choose its own officers. The presidingofficer in the Senate shall be designated as presidentof the Senate and in the House of Representatives asspeaker of the House of Representatives.Each house shall determine its own rules of proceeding.

Sessions of the General Assembly

Each General Assembly shall convene in firstregular session on the first Monday of January in theodd-numbered year, or on the succeeding day if thefirst Monday of January is a legal holiday, and in secondregular session on the same date of the followingyear. Either the governor, or the presiding officers ofthe General Assembly chosen by the members thereof,acting jointly, may convene the General Assembly inspecial session by a proclamation which may limitthe purpose of the session. If the presiding officer ofthe Senate is not chosen by the members thereof, thepresident pro tempore of the Senate may act with thespeaker of the House of Representatives in the callingof a special session.

House and Senate Journals (Yeas and Nays)

Each house shall keep a correct journal of its proceedings,which shall be published. At the desire ofany two members, the yeas and nays shall be enteredupon the journal; and, on the passage of every bill, ineither house, the vote shall be taken by yeas and nays,and entered upon the journal.

Rights of Members to Protest

Any member of either house shall have the rightto protest against any act, or resolution thereof; andsuch protest, and the reasons therefore, shall withoutalteration, commitment, or delay, be entered upon thejournal.

Filling Vacancy in House or Senate Seat

A vacancy in the Senate or in the House of Representativesfor any cause, including the failure of amember-elect to qualify for office, shall be filled byelection by the members of the Senate or the membersof the House of Representatives, as the case may be,who are affiliated with the same political party as theperson last elected by the electors to the seat which hasbecome vacant. A vacan-cy occurring before or duringthe first twenty months of a Senatorial term shallbe filled temporarily by election as provided in thissection, for only that portion of the term which willexpire on the thirty-first day of December followingthe next general election occurring in an even-numberedyear after the vacancy occurs, at which electionthe seat shall be filled by the electors as provided bylaw for the remaining, unexpired portion of the term,the member-elect so chosen to take office on the firstday in January next following such election. No personshall be elected to fill a vacancy in the Senate orHouse of Representatives, as the case may be, unlesshe meets the qualifications set forth in this constitutionand the laws of this state for the seat in which thevacancy occurs. An election to fill a vacancy shall beaccomplished, notwithstanding the provisions of section27, Article II of this constitution, by the adoptionof a resolution, while the Senate or the House of Representatives,as the case may be, is in session, withthe taking of the yeas and nays of the members of theSenate or the House of Representatives, as the casemay be, affiliated with the same political party as theperson last elected to the seat in which the vacancy occurs.The adoption of such resolution shall require theaffirmative vote of a majority of the members electedto the Senate or the House of Representatives, as thecase may be, entitled to vote thereon. Such vote shallbe spread upon the journal of the Senate or the Houseof Representatives, as the case may be, and certifiedto the secretary of state by the clerk thereof. The secretaryof state shall, upon receipt of such certification,issue a certificate of election to the person so electedand upon presentation of such certificate to the Senateor the House of Representatives, as the case may be,the person so elected shall take the oath of office andbecome a member of the Senate or the House of Representatives,as the case may be, for the term for whichhe was so elected.

Privilege of Members from Arrest and of Speech

Senators and representatives, during the sessionof the General Assembly, and in going to, and returningfrom the same, shall be privileged from arrest,in all cases, except treason, felony, or breach of thepeace; and for any speech, or debate, in either house,they shall not be questioned elsewhere.

Legislative Sessions to Be Public; Exceptions

The proceedings of both houses shall be public,except in cases which, in the opinion of two-thirds ofthose present, require secrecy.

Power of Adjournment

Neither house shall, without the consent of theother, adjourn for more than five days, Sundays excluded;nor to any other place than that, in which thetwo houses are in session.

How Bills Shall be Passed

(A) The General Assembly shall enact no law exceptby bill, and no bill shall be passed without theconcurrence of a majority of the members elected toeach house. Bills may originate in either house, butmay be altered, amended, or rejected in the other.

(B) The style of the laws of this state shall be, “beit enacted by the General Assembly of the state ofOhio.”

(C) Every bill shall be considered by each house onthree different days, unless two-thirds of the memberselected to the house in which it is pending suspendthis requirement, and every individual considerationof a bill or action sus- pending the requirement shallbe re-corded in the journal of the respective house. Nobill may be passed until the bill has been reproducedand distributed to members of the house in which it ispending and every amendment been made availableupon a member’s request.

(D) No bill shall contain more than one subject, whichshall be clearly expressed in its title. No law shall berevived or amended unless the new act contains theentire act revived, or the section or sections amended,and the section or sections amended shall be repealed.

(E) Every bill which has passed both houses of theGeneral Assembly shall be signed by the presidingofficer of each house to certify that the proceduralrequirements for passage have been met and shall bepresented forthwith to the governor for his approval.

(F) Every joint resolution which has been adopted inboth houses of the General Assembly shall be signedby the presiding officer of each house to certify thatthe procedural requirements for adoption have beenmet and shall forthwith be filed with the secretary ofstate.

Bills to Be Signed by Governor; Veto

If the governor approves an act, he shall sign it,it becomes law and he shall file it with the secretaryof state.If he does not approve it, he shall return it with his objectionsin writing, to the house in which it originated,which shall enter the objections at large upon its journal,and may then reconsider the vote on its passage.If three-fifths of the members elected to the house oforigin vote to repass the bill, it shall be sent, with theobjections of the governor, to the other house, whichmay also reconsider the vote on its passage. If threefifths of the members elected to the second house voteto repass it, it becomes law notwithstanding the objectionsof the governor, and the presiding officer of thesecond house shall file it with the secretary of state. Inno case shall a bill be repassed by a smaller vote thanis required by the constitution on its original passage.In all cases of reconsideration the vote of each houseshall be determined by yeas and nays, and the namesof the members voting for and against the bill shall beentered upon the journal.If a bill is not returned by the governor within ten days,Sundays excepted, after being presented to him, it becomeslaw in like manner as if he had signed it, unlessthe General Assembly by adjournment prevents its return;in which case, it becomes law unless, within tendays after such adjournment, it is filed by him, with hisobjections in writing, in the office of the secretary ofstate. The governor shall file with the secretary of stateevery bill not returned by him to the house of originthat becomes law without his signature.The governor may disapprove any item or items inany bill making an appropriation of money and theitem or items, so disapproved, shall be void, unlessrepassed in the manner prescribed by this section forthe repassage of a bill.

Repealed

Repealed

Repealed

Term of Office, and Compensation of Officers in Certain Cases

The General Assembly, in cases not provided forin this constitution, shall fix the term of office and thecompensation of all officers; but no change thereinshall affect the salary of any officer during his existingterm, unless the office be abolished.

Contested Elections

The General Assembly shall determine, by law,before what authority, and in what manner electionsshall be conducted.

Appropriations

No money shall be drawn from the treasury, exceptin pursuance of a specific appropriation, made bylaw; and no appropriation shall be made for a longerperiod than two years.

Impeachments; How Instituted and Conducted

The House of Representatives shall have the solepower of impeachment, but a majority of the memberselected must concur therein. Impeachments shall betried by the Senate; and the senators, when sitting forthat purpose, shall be upon oath or affirmation to dojustice according to law and evidence. No person shallbe convicted without the concurrence of two-thirds ofthe senators.

Officers Liable to Impeachment; Consequences

The governor, judges, and all state officers, maybe impeached for any misdemeanor in office; but judgmentshall not extend further than removal from office,and disqualification to hold any office under theauthority of this state. The party impeached, whetherconvicted or not, shall be liable to indictment, trial,and judgment, according to law.

Repealed

Laws to Have a Uniform Operation

All laws, of a general nature, shall have a uniformoperation throughout the state; nor, shall any act, exceptsuch as relates to public schools, be passed, totake effect upon the approval of any other authoritythan the General Assembly, except, as otherwise providedin this constitution.

Election and Appointment of Officers; Filling Vacancies

The election and appointment of all officers, andthe filling of all vacancies, not otherwise provided forby this constitution, or the constitution of the UnitedStates, shall be made in such manner as may be directedby law; but no appointing power shall be exercisedby the General Assembly, except as prescribed in thisconstitution; and in these cases, the vote shall be taken“viva voce.”

Retroactive Laws

The General Assembly shall have no power topass retroactive laws, or laws impairing the obligationof contracts; but may, by general laws, authorizecourts to carry into effect, upon such terms as shallbe just and equitable, the manifest intention of parties,and officers, by curing omissions, defects, and errors,in instruments and proceedings, arising out of theirwant of conformity with the laws of this state.

No Extra Compensation; Exceptions

No extra compensation shall be made to any officer,public agent, or contractor, after the service shallhave been rendered, or the contract entered into; norshall any money be paid, on any claim, the subjectmatter of which shall not have been provided for bypreexisting law, unless such compensation, or claim,be allowed by two-thirds of the members elected toeach branch of the General Assembly.

New Counties

No new county shall contain less than four hundredsquare miles of territory, nor shall any county bereduced below that amount; and all laws creating newcounties, changing county lines, or removing countyseats, shall, before taking effect, be submitted to theelectors of the several counties to be affected thereby,at the next general election after the passage thereof,and be adopted by a majority of all the electors votingat such election, in each of said counties; but anycounty now or hereafter containing one hundred thousandinhabitants, may be divided, whenever a majorityof the voters residing in each of the proposed divisionsshall approve of the law passed for that purpose; butno town or city within the same shall be divided, norshall either of the divisions contain less than twentythousand inhabitants.

Compensation of Members and Officers of the General Assembly

The members and officers of the General Assemblyshall receive a fixed compensation, to be prescribedby law, and no other allowance or perquisites,either in the payment of postage or otherwise; and nochange in their compensation shall take effect duringtheir term of office.

Divorces and Judicial Power

The General Assembly shall grant no divorce, norexercise any judicial power not herein expresslyconferred.

Mechanics' and Contractor's Liens

Laws may be passed to secure to mechanics, artisans,laborers, subcontractors and material men, theirjust dues by direct lien upon the property, upon whichthey have bestowed labor or for which they have furnishedmaterial. No other provision of the constitutionshall impair or limit this power.

Welfare of Employees

Laws may be passed fixing and regulating thehours of labor, establishing a minimum wage, andproviding for the comfort, health, safety and generalwelfare of all employes; and no other provision of theconstitution shall impair or limit this power.

Minimum Wage

Except as provided in this section, every employershall pay their employees a wage rate of notless than six dollars and eighty-five cents per hour beginningJanuary 1, 2007. On the thirtieth day of eachSeptember, beginning in 2007, this state minimumwage rate shall be increased effective the first day ofthe following January by the rate of inflation for thetwelve month period prior to that September accordingto the consumer price index or its successor indexfor all urban wage earners and clerical workers for allitems as calculated by the federal government roundedto the nearest five cents. Employees under the age ofsixteen and employees of businesses with annual grossreceipts of two hundred fifty thousand dollars or less forthe preceding calendar year shall be paid a wage rateof not less than that established under the federal FairLabor Standards Act or its successor law. This grossrevenue figure shall be increased each year beginningJanuary 1, 2008 by the change in the consumer priceindex or its successor index in the same manner as therequired annual adjustment in the minimum wage rateset forth above rounded to the nearest one thousanddollars. An employer may pay an employee less than,but not less than half, the minimum wage rate requiredby this section if the employer is able to demonstratethat the employee receives tips that combined with thewages paid by the employer are equal to or greaterthan the minimum wage rate for all hours worked. Theprovisions of this section shall not apply to employeesof a solely family owned and operated business whoare family members of an owner. The state may issuelicenses to employers authorizing payment of a wagerate below that required by this section to individualswith mental or physical disabilities that may otherwiseadversely affect their opportunity for employment.As used in this section: “employer,” “employee,” “employ,”“person” and “independent contractor” have thesame meanings as under the federal Fair Labor StandardsAct or its successor law, except that “employer”shall also include the state and every political subdivisionand “employee” shall not include an individualemployed in or about the property of the employer orindividual’s residence on a casual basis. Only the exemptionsset forth in this section shall apply to thissection.An employer shall at the time of hire provide anemployee the employer’s name, address, telephonenumber, and other contact information and updatesuch information when it changes. An employer shallmaintain a record of the name, address, occupation,pay rate, hours worked for each day worked and eachamount paid an employee for a period of not less thanthree years following the last date the employee wasemployed. Such information shall be provided withoutcharge to an employee or person acting on behalf of anemployee upon request. An employee, person actingon behalf of one or more employees and/or any otherinterested party may file a complaint with the state fora violation of any provision of this section or any lawor regulation implementing its provisions. Such complaintshall be promptly investigated and resolved bythe state. The employee’s name shall be kept confidentialunless disclosure is necessary to resolution ofa complaint and the employee consents to disclosure.The state may on its own initiative investigate an employer’scompliance with this section and any law orregulation implementing its provisions. The employershall make available to the state any records related tosuch investigation and other information required forenforcement of this section or any law or regulationimplementing its provisions. No employer shall dischargeor in any other manner discriminate or retaliateagainst an employee for exercising any right under thissection or any law or regulation implementing its provisionsor against any person for providing assistanceto an employee or information regarding the same.An action for equitable and monetary relief may bebrought against an employer by the attorney generaland/or an employee or person acting on behalf of anemployee or all similarly situated employees in anycourt of competent jurisdiction, including the commonpleas court of an employee’s county of residence, forany violation of this section or any law or regulationimplementing its provisions within three years of theviolation or of when the violation ceased if it was of acontinuing nature, or within one year after notificationto the employee of final disposition by the state of acomplaint for the same violation, whichever is later.There shall be no exhaustion requirement, no procedural,pleading or burden of proof requirements beyondthose that apply generally to civil suits in orderto maintain such action and no liability for costs orattorney’s fees on an employee except upon a findingthat such action was frivolous in accordance withthe same standards that apply generally in civil suits.Where an employer is found by the state or a court tohave violated any provision of this section, the employershall within thirty days of the finding pay theemployee back wages, damages, and the employee’scosts and reasonable attorney’s fees. Damages shallbe calculated as an additional two times the amountof the back wages and in the case of a violation of ananti-retaliation provision an amount set by the state orcourt sufficient to compensate the employee and deterfuture violations, but not less than one hundred fiftydollars for each day that the violation continued. Paymentunder this paragraph shall not be stayed pendingany appeal.This section shall be liberally construed in favor of itspurposes. Laws may be passed to implement its provisionsand create additional remedies, increase the minimumwage rate and extend the coverage of the section,but in no manner restricting any provision of thesection or the power of municipalities under ArticleXVIII of this constitution with respect to the same.If any part of this section is held invalid, the remainderof the section shall not be affected by such holding andshall continue in full force and effect.

Workers' Compensation

For the purpose of providing compensation toworkmen and their dependents, for death, injuries oroccupational disease, occasioned in the course of suchworkmen’s employment, laws may be passed establishinga state fund to be created by compulsory contributionthereto by employers, and administered bythe state, determining the terms and conditions uponwhich payment shall be made therefrom. Such compensationshall be in lieu of all other rights to compensation,or damages, for such death, injuries, oroccupational disease, and any employer who pays thepremium or compensation provided by law, passed inaccordance herewith, shall not be liable to respond indamages at common law or by statute for such death,injuries or occupational disease. Laws may be passedestablishing a board which may be empowered toclassify all occupations, according to their degree ofhazard, to fix rates of contribution to such fund accordingto such classification, and to collect, administerand distribute such fund, and to determine allrights of claimants thereto. Such board shall set asideas a separate fund such proportion of the contributionspaid by employers as in its judgment may be necessary,not to exceed one per centum thereof in any year,and so as to equalize, insofar as possible, the burdenthereof, to be expended by such board in such manneras may be provided by law for the investigation andprevention of industrial accidents and diseases. Suchboard shall have full power and authority to hear anddetermine whether or not an injury, disease or deathresulted because of the failure of the employer to complywith any specific requirement for the protection ofthe lives, health or safety of employees, enacted by theGeneral Assembly or in the form of an order adoptedby such board, and its decision shall be final; and forthe purpose of such investigations and inquiries it mayappoint referees. When it is found, upon hearing, thatan injury, disease or death resulted because of suchfailure by the employer, such amount as shall be foundto be just, not greater than fifty nor less than fifteenper centum of the maximum award established bylaw, shall be added by the board, to the amount of thecompensation that may be awarded on account of suchinjury, disease, or death, and paid in like manner asother awards; and, if such compensation is paid fromthe state fund, the premium of such employer shallbe increased in such amount, covering such period oftime as may be fixed, as will recoup the state fund inthe amount of such additional award, notwithstandingany and all other provisions in this constitution.

Conservation of Natural Resources

Laws may be passed to encourage forestry andagriculture, and to that end areas devoted exclusivelyto forestry may be exempted, in whole or in part, fromtaxation. Notwithstanding the provisions of section 2of Article XII, laws may be passed to provide that landdevoted exclusively to agricultural use be valued forreal property tax purposes at the current value suchland has for such agricultural use. Laws may alsobe passed to provide for the deferral or recoupmentof any part of the difference in the dollar amount ofreal property tax levied in any year on land valuedin accordance with its agricultural use and the dollaramount of real property tax which would have beenlevied upon such land had it been valued for such yearin accordance with section 2 of Article XII. Laws mayalso be passed to provide for converting into forest reservessuch lands or parts of lands as have been or maybe forfeited to the state, and to authorize the acquiringof other lands for that purpose; also, to provide for theconservation of the natural resources of the state, includingstreams, lakes, submerged and swamp landsand the development and regulation of water powerand the formation of drainage and conservation districts;and to provide for the regulation of methods ofmining, weighing, measuring and marketing coal, oil,gas and all other minerals.

Workday and Workweek on Public Projects

Except in cases of extraordinary emergency, notto exceed eight hours shall constitute a day’s work,and not to exceed forty-eight hours a week’s work, forworkmen engaged on any public work carried on oraided by the state, or any political subdivision thereof,whether done by contract, or otherwise.

Removal of Officials for Misconduct

Laws shall be passed providing for the prompt removalfrom office, upon complaint and hearing, of allofficers, including state officers, judges and membersof the General Assembly, for any misconduct involvingmoral turpitude or for other cause provided by law;and this method of removal shall be in addition to impeachmentor other method of removal authorized bythe constitution.

Regulating Expert Testimony in Criminal Trials

Laws may be passed for the regulation of the useof expert witnesses and expert testimony in criminaltrials and proceedings.

Registering and Warranting Land Titles

Laws may be passed providing for a system ofregistering, transferring, insuring and guaranteeingland titles by the state or by the counties thereof, andfor settling and determining adverse or other claims toand interests in, lands the titles to which are so registered,insured or guaranteed, and for the creation andcollection of guaranty funds by fees to be assessedagainst lands, the titles to which are registered; andjudicial powers with right of appeal may by law beconferred upon county recorders or other officers inmattersarising under the operation of such system.

Prison Labor

Laws may be passed providing for and regulatingthe occupation and employment of prisoners sentencedto the several penal institutions and reformatoriesin the state.

Continuity of Government Operations in Emergencies Caused by Enemy Attack

The General Assembly shall have the power andthe immediate duty to pass laws to provide for promptand temporary succession to the powers and duties ofpublic offices, of whatever nature and whether filledby election or appointment, the incumbents of whichmay become unavailable for carrying on the powersand duties of such offices and to pass such otherlaws as may be necessary and proper for insuring thecontinuity of governmental operations in periods ofemergency resulting from disasters caused by enemyattack.