Title: Short Title: Constitutional amendment; abolishing the Board on Legislative Compensation; ballot title; filing
Author: derr
Last saved by: gilesem
Company: Oklahoma House of Reps

STATE OF OKLAHOMA

1st Session of the 53rd Legislature (2011)

HOUSE JOINT
RESOLUTION 1018	By:	Murphey

AS INTRODUCED

A Joint Resolution directing the Secretary of State to refer to the people for their approval or rejection a proposed amendment to Section 21 of Article V of the Constitution of the State of Oklahoma, which relates to the Board on Legislative Compensation; abolishing the Board on Legislative Compensation; establishing a criteria for compensation of members of the Legislature; providing that certain increases require a vote of the people; providing when changes in compensation take effect; providing ballot title; and directing filing.

BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES AND THE SENATE OF THE 1ST SESSION OF THE 53RD OKLAHOMA LEGISLATURE:
SECTION 1.  The Secretary of State shall refer to the people for their approval or rejection, as and in the manner provided by law, the following proposed amendment to Section 21 of Article V of the Constitution of the State of Oklahoma to read as follows:
Section 21.  A.  The Legislature shall enact laws to prohibit members of the Legislature from engaging in activities or having interests which conflict with the proper discharge of their duties and responsibilities.
B.  The Board on Legislative Compensation is hereby ~~created.  Said Board shall be composed of five members appointed by the Governor, two members appointed by the President Pro Tempore of the Senate, and two members appointed by the Speaker of the House of Representatives.  The members appointed by the Governor shall be from religious organizations, communications media, nonstate‑supported educational institutions, labor organizations, and retail business; the members appointed by the President Pro Tempore of the Senate shall be from agricultural and civic organizations; and the members appointed by the Speaker of the House of Representatives shall be from manufacturing and from professional fields not otherwise specified.  No member of the Legislature may be appointed to or serve on the Board.  In addition to the members above provided for, the Chairman of the Oklahoma Tax Commission and the Director of State Finance shall serve as ex officio nonvoting members of said Board.  The Chairman of said Board shall be designated by the Governor~~ abolished.
C.  Members of the Legislature shall receive ~~such~~ compensation ~~as shall be fixed by the Board on Legislative Compensation~~ pursuant to subsection D of this section.  If a member of the Legislature is incarcerated due to being charged with a criminal offense and subsequently is found guilty of the offense or pleads guilty or nolo contendere to the offense, the legislator shall return to the state any compensation the legislator received from the state while the legislator was incarcerated prior to the guilty verdict or plea or nolo contendere plea and shall not receive any compensation from the state during any incarceration following such verdict or plea.  ~~Said Board shall each two years review the compensation paid to the members of the Legislature and shall be empowered to change such compensation; such~~
D.  Annual compensation for members of the Legislature shall be paid monthly and be equal to Oklahoma’s Annual State Per Capita Personal Income as determined by the United States Census Bureau of Economic Analysis or the successor body of the same.  Additional benefits, including health insurance, retirement, travel reimbursement, and per diem for members and additional compensation provided to the Speaker of the House of Representatives, President Pro Tempore of the Senate, Speaker Pro Tempore of the House of Representatives, Minority Floor Leaders and Appropriations Chairs, shall remain as provided during the 53rd Session of the Oklahoma Legislature and shall not increase without approval by a vote of the people.  Any change ~~to~~ in compensation or other benefits pursuant to this subsection shall become effective on the fifteenth day following the succeeding general election.  ~~The members of the Board shall serve without compensation, but shall be entitled to receive necessary travel and subsistence expense as provided by law for other state officers.~~
SECTION 2.  The Ballot Title for the proposed Constitutional amendment as set forth in SECTION 1 of this resolution shall be in the following form:
BALLOT TITLE
Legislative Referendum No. ____	State Question No. ____
THE GIST OF THE PROPOSITION IS AS FOLLOWS:
This measure amends the State Constitution.  It amends the section that sets pay for members of the Legislature.  It does away with the Board that sets pay for legislators.  It provides a way for salaries to be set.  The pay would be equal to Oklahoma’s Annual State Per Capita Personal Income.  This is determined by the federal Census Bureau.  Other benefits, such as health insurance, retirement, travel, per diem and additional pay for legislative leaders would have to go to a vote of the people.  Oklahoma voters would have to vote to allow changes in these benefits.
SHALL THE PROPOSAL BE APPROVED?
FOR THE PROPOSAL — YES	_____________
AGAINST THE PROPOSAL — NO 	_____________
SECTION 3.  The Chief Clerk of the House of Representatives, immediately after the passage of this resolution, shall prepare and file one copy thereof, including the Ballot Title set forth in SECTION 2 hereof, with the Secretary of State and one copy with the Attorney General.

53-1-6299	LRB	12/20/10

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Req. No. 6299