ISSUE #1

PROPOSED CONSTITUTIONAL AMENDMENT

TO PROVIDE FOR EARLIER FILING DEADLINES FOR STATEWIDE BALLOT ISSUES

(Proposed by Joint Resolution of the General Assembly of Ohio)

To amend Sections 1a, 1b, 1c, and 1g of Article II of the Constitution of the State of Ohio

The proposed amendment would:

1.      Require that a citizen-initiated statewide ballot issue be considered at the next general election if petitions are filed 125 days before the election.

2.      Establish deadlines for boards of elections to determine the validity of citizen-initiated petitions.

3.      Standardize the process for legal challenges to citizen-initiated petitions by giving the Ohio Supreme Court jurisdiction to consider these cases and establishing expedited deadlines for the Court to make decisions.

A “YES” vote means approval of the amendment.

A “NO” vote means disapproval of the amendment.

A majority YES vote is required for the amendment to be adopted.

ISSUE #2

PROPOSED CONSTITUTIONAL AMENDMENT

To authorize the State to issue bonds to continue the Clean Ohio program for environmental revitalization and conservation

(Proposed by Joint Resolution of the General Assembly of Ohio)

To adopt Section 2q of Article VIII of the Constitution of the State of Ohio

This proposed amendment would:

1.      Authorize the state to issue up to two hundred million dollars ($200,000,000) of bonds for conservation and preservation of natural areas, open spaces and farmlands and other lands devoted to agriculture, including by acquiring land or interests in land; provision of state and local park and recreation facilities, and other actions that permit and enhance the availability, public use and enjoyment of natural areas in the state; and land, forest, water and other natural resource management projects. 

2.      Authorize the state to issue bonds up to two hundred million dollars ($200,000,000) for environmental revitalization and re-development of publicly and privately owned lands, including environmental remediation, assessment or clean up of contamination or pollution.

3.      Limit the amount that could be borrowed in any one fiscal year for either conservation or revitalization purposes to no more than fifty million dollars ($50,000,000) plus the principal amount of those obligations that in any prior fiscal year could have been but were not issued. 

If adopted, this amendment shall take effect immediately.

A “YES” vote means approval of the amendment.

A “NO” vote means disapproval of the amendment.

A majority YES vote is required for the amendment to be adopted.

ISSUE #3

PROPOSED CONSTITUTIONAL AMENDMENT

TO AMEND THE CONSTITUTION to protect private property rights in ground water, lakes and other watercourses

(Proposed by Joint Resolution of the General Assembly of Ohio)

To adopt Section 19b of Article I of the Constitution of the State of Ohio

This proposed Amendment would:

1.      Make explicit that a private property owner has a right to make reasonable use of the ground water that lies beneath the owner’s land, although this right is subordinate to the public welfare.

2.      Make explicit that a private property owner who owns land on the border of a lake or other watercourse has a right to make reasonable use of the water in such lake or watercourse located on or flowing through the owner’s land, although this right is subordinate to the public welfare.

3.      Not affect the public’s use of Lake Erie and other navigable waters of the state.

4.      Prevent the rights confirmed under this proposed amendment to the Ohio Constitution from being impaired or limited by the operation of other sections of the Ohio Constitution. 

If approved, this amendment shall take effect December 1, 2008.

A “YES” vote means approval of the amendment.

A “NO” vote means disapproval of the amendment.

A majority YES vote is required for the amendment to be adopted.

ISSUE #5

REFERENDUM

REFERENDUM ON LEGISLATION MAKING CHANGES TO CHECK CASHING LENDING, SOMETIMES KNOWN AS “PAYDAY LENDING,” FEES, INTEREST RATES AND PRACTICES

Substitute House Bill 545 (H.B. 545), which was passed by the Ohio legislature and signed into law by the Governor, substantially changed the law regulating how certain lenders in Ohio operate.  Under the referendum, voters must decide whether Section 3 of H.B. 545 should go into effect.  Section 3 of H.B. 545 deletes the old provisions of the law regulating check cashing lenders, sometimes known as “payday lenders,” in favor of the new provisions.

1.      If a majority of Ohio voters approve Section 3 of H.B. 545, all short term lenders, including check cashing lenders, would be subject to the following limitations:

·        The maximum loan amount would be $500;

·         Borrowers would have at least 30 days to repay the loan; and

·         The maximum interest rate would be 28% annual percentage rate (APR) on all loans.

2.        If a majority of Ohio voters reject Section 3 of H.B. 545, check cashing lenders would be allowed to continue under previous law as follows:

·        The maximum loan amount would continue to be $800;

·        There would continue to be no minimum repayment period; and

·         Check cashing lenders could continue to charge rates and fees, resulting in a total charge for a loan that substantially exceeds an equivalent APR of 28%.

 A “YES” vote means you approve of Section 3 of H.B. 545, and want to limit the interest rate for short term loans to 28% APR and change short term lending laws. 

A “NO” vote means you disapprove of Section 3 of H.B. 545 and want to permit check cashing lenders to continue to be able to offer short term loans as currently permitted.

A majority “YES” vote is required for Section 3 of H.B. 545 to be approved.

ISSUE #6

PROPOSED CONSTITUTIONAL AMENDMENT

TO AMEND THE CONSTITUTION BY INITIATIVE PETITION FOR A CASINO NEAR WILMINGTON IN SOUTHWEST OHIO AND DISTRIBUTE TO ALL OHIO COUNTIES A TAX ON THE CASINO

(Proposed by Initiative Petition)

To adopt Section 6a to Article XV of the Ohio Constitution

This proposed amendment to the Ohio Constitution would:

1.      Authorize one privately owned casino with a required minimum initial investment of $600 million dollars on a 94-acre site located near the northwest corner of State Route 73 and Interstate 71 in southwest Ohio in Chester Township near Wilmington, Clinton County, Ohio.

2.      Require the casino to pay a tax of up to 30% on its gross receipts for gaming less payouts.  The taxes are to be used first to pay expenses of regulating and collecting taxes from the casino, then for funding of gambling prevention and treatment programs, and the remainder to be distributed in the amount of 10% to Clinton County and 90% to the remaining counties based on population and to be used at each county’s discretion.

3.      Reduce the tax paid by the casino authorized by this amendment to the lesser of the rate taxed on another casino or 25%, in the event another casino is permitted in Ohio in the future.

4.      Require that the casino be subject to all other applicable types of taxes that are currently in effect in Ohio.

5.      Authorize the casino to conduct any game permitted in the State of Nevada, or any state adjacent to Ohio, including any type of card or table games, slot machines, and electronic gaming devices, except bets on races or sporting events.  Only persons age 21 and over would be permitted to place bets.  Amounts of bets would not be subject to any limits now or in the future.  Days and hours of operation would not be subject to limits.

6.      Set aside the application to the casino of all local and state laws and any constitutional provisions that would prohibit the operation of this privately owned casino, including any local zoning law that would prohibit or place restrictions on a casino from operating on the property in question.

If approved, this proposed amendment shall take effect 30 days after the election.

A “YES” vote means you approve of amending the Ohio Constitution to permit one casino near Wilmington in southwest Ohio.

A “NO” vote means you disapprove of amending the Ohio Constitution to permit one casino near Wilmington in southwest Ohio.

A majority “YES” vote is required for the amendment to be adopted.