Bill Text: OH SJR9 | 2013-2014 | 130th General Assembly | Enrolled


Bill Title: Proposing to amend Section 4 of Article II, Section

Spectrum: Slight Partisan Bill (Republican 17-6)

Status: (Engrossed - Dead) 2014-12-04 - Passed 3rd Consideration House [SJR9 Detail]

Download: Ohio-2013-SJR9-Enrolled.html
As Adopted by the Senate

130th General Assembly
Regular Session
2013-2014
Am. Sub. S. J. R. No. 9


Senator Faber 

Cosponsors: Senators Widener, Patton, Obhof, Oelslager, Cafaro, Bacon, Coley, Burke, Uecker, Peterson, Lehner, Beagle, LaRose, Hite, Balderson, Brown, Eklund, Hughes, Kearney, Sawyer, Skindell, Tavares 



A JOINT RESOLUTION
Proposing to amend Section 4 of Article II, Section 1
20 of Article II, Section 31 of Article II, 2
Section 19 of Article III, and Section 6 of 3
Article IV of the Constitution of the State of 4
Ohio and to enact Section 20a of Article II of the 5
Constitution of the State of Ohio to establish the 6
Public Office Compensation Commission. 7


BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Be it resolved by the General Assembly of the State of Ohio, 8
three-fifths of the members elected to each house concurring 9
herein, that there shall be submitted to the electors of the 10
state, in the manner prescribed by law at a special election to be 11
held on May 5, 2015, a proposal to amend Section 4 of Article II, 12
Section 20 of Article II, Section 31 of Article II, Section 19 of 13
Article III, and Section 6 of Article IV of the Constitution of 14
the State of Ohio and to enact Section 20a of Article II of the 15
Constitution of the State of Ohio to read as follows:16

4.   No member of the general assembly shall, during 17
the term of office for which hethe member was elected, unless 18
during such term hethe member resigns therefrom, hold any public 19
office under the United States, or this state, or a political 20
subdivision thereof; but this provision does not extend to 21
officers of a political party, notaries public, or officers of the 22
militia or of the United States armed forces.23

       No member of the general assembly shall, during the term of 24
office for which hethe member was elected, or for one year 25
thereafter, be appointed to any public office under this state, 26
which office was created or the compensation of which was 27
increased, during the term of office for which hethe member was 28
elected.29

       Section 20.   The General Assembly, in cases not provided for 30
in this constitution, shall fix the term of office of all officers31
and the compensation of all non-elected officers; but no change 32
therein shall affect the salary of any non-elected officer during33
histhe officer's existing term of office, unless the office be 34
abolished.35

20a.  (A) The Public Office Compensation Commission is 36
created. The Commission consists of the following nine voting 37
members: two members appointed by the Governor; two members 38
appointed by the President of the Senate; two members appointed by 39
the Speaker of the House of Representatives; one member appointed 40
by the Minority Leader of the Senate; one member appointed by the 41
Minority Leader of the House of Representatives; and one member 42
appointed by the Chief Justice of the Supreme Court. The following 43
are not eligible to be appointed as a member of the Commission: 44
(1) an officer or employee of the state or a political subdivision 45
of the state or a family member, as defined by law, of an officer 46
or employee of the state or a political subdivision of the state; 47
(2) an individual who, within twelve months before appointment, 48
was a candidate for election to a public office in the state; or 49
(3) an individual who engages during at least a portion of the 50
individual's time to actively advocate legislation on behalf of 51
another.52

       Terms of members of the Commission are for two years. Members 53
may not serve more than four consecutive terms. The Commission 54
chairperson shall be selected by majority vote of all members of 55
the Commission. Members are not entitled to compensation, but 56
shall be reimbursed for actual and necessary expenses incurred in 57
the performance of Commission duties. A vacancy among the members 58
of the Commission shall be filled in the manner prescribed for the 59
original appointment.60

       (B)(1) The Public Office Compensation Commission shall meet 61
each even-numbered year to review the current compensation of each 62
elected public office in the state. The Commission shall consider 63
such factors as are provided by law, including the amount of 64
compensation paid to similarly skilled individuals in the private 65
sector, the amount of compensation paid to individuals in 66
comparable elected public offices in other states, and the current 67
financial condition of and within Ohio. After completing its 68
review, the Commission, by vote of at least five of its members, 69
shall prepare a proposed compensation plan that sets forth the 70
compensation of each elected public office in the state. The 71
Commission shall prepare a report of its proposed compensation 72
plan and shall present the proposed compensation plan and report 73
at not less than three public hearings in the state in order to 74
obtain public input regarding the proposed compensation plan. 75
After conducting its public hearings, the Commission, by vote of 76
at least five of its members, shall issue a final compensation 77
plan that sets forth the compensation of each elected public 78
office in the state. The Commission shall prepare a report of its 79
final compensation plan not later than the last day of December in 80
each even-numbered year.81

       If a proposed or final compensation plan increases or 82
decreases the compensation amount of an elected public office by 83
greater than the lesser of the following, the Commission shall 84
include, in its accompanying report, specific factors that support 85
the increase or decrease:86

        (a) Three per cent; or87

       (b) The percentage increase, if any, in the consumer price 88
index, or a generally available comparable index, over the 89
twelve-month period that ends on the thirtieth day of September of 90
the immediately preceding year, rounded to the nearest one-tenth 91
of one per cent.92

       (2) The compensation amounts set forth in the final 93
compensation plan for each elected public office in the state take 94
effect on the first day of July of the following odd-numbered year 95
unless, before that day, the General Assembly, by a three-fifths 96
vote of the members elected to each house, adopts a concurrent 97
resolution rejecting one or more of the compensation amounts.98

       If the General Assembly rejects a final compensation plan or 99
portion thereof, a member of the General Assembly is not entitled 100
to an increase in compensation for the duration of the member's 101
term of office.102

       (C) This section does not affect the compensation of a county 103
officer elected under a county charter that has been adopted under 104
Article X, Sections 3 and 4 of this constitution, or the 105
compensation of an officer of a municipal corporation elected 106
under the power of local self-government as exercised by a 107
municipal corporation under Article XVIII, Sections 3 and 7 of 108
this constitution.109

       Section 31.   The members and officers of the General Assembly 110
shall receive a fixed compensation, to be prescribed by law, and 111
no other allowance or perquisites, either in the payment of 112
postage or otherwise; and no change in their compensation shall 113
take effect during their term of officeas provided for in Article 114
II, Section 20a of this constitution.115

       Section 19.   The officers mentioned in this article shall, at 116
stated times, receive, for their services, a compensation to be 117
established by law, which shall neither be increased nor 118
diminished during the period for which they shall have been 119
electedas provided for in Article II, Section 20a of this 120
constitution.121

       Section 6.   (A)(1) The chief justice and the justices of the 122
supreme court shall be elected by the electors of the state at 123
large, for terms of not less than six years.124

       (2) The judges of the courts of appeals shall be elected by 125
the electors of their respective appellate districts, for terms of 126
not less than six years.127

       (3) The judges of the courts of common pleas and the 128
divisions thereof shall be elected by the electors of the 129
counties, districts, or, as may be provided by law, other 130
subdivisions, in which their respective courts are located, for 131
terms of not less than six years, and each judge of a court of 132
common pleas or division thereof shall reside during histhe 133
judge's term of office in the county, district, or subdivision in 134
which histhe judge's court is located.135

       (4) Terms of office of all judges shall begin on the days 136
fixed by law, and laws shall be enacted to prescribe the times and 137
mode of their election.138

       (B) The judges of the supreme court, courts of appeals, 139
courts of common pleas, and divisions thereof, and of all courts 140
of record established by law, shall, at stated times, receive, for 141
their services such compensation as may be provided by law, which 142
shall not be diminished during their term of officefor in Article 143
II, Section 20a of this constitution. The compensation of all 144
judges of the supreme court, except that of the chief justice, 145
shall be the same. The compensation of all judges of the courts of 146
appeals shall be the same. Common pleas judges and judges of 147
divisions thereof, and judges of all courts of record established 148
by law shall receive such compensation as may be provided by law149
for in Article II, Section 20a of this constitution. Judges shall 150
receive no fees or perquisites, nor hold any other office of 151
profit or trust, under the authority of this state, or of the 152
United States. All votes for any judge, for any elective office, 153
except a judicial office, under the authority of this state, given 154
by the general assembly, or the people shall be void.155

       (C) No person shall be elected or appointed to any judicial 156
office if on or before the day when hethe person shall assume the 157
office and enter upon the discharge of its duties hethe person158
shall have attained the age of seventy years. Any voluntarily 159
retired judge, or any judge who is retired under this section, may 160
be assigned with histhe judge's consent, by the chief justice or 161
acting chief justice of the supreme court to active duty as a 162
judge and while so serving shall receive the established 163
compensation for such office, computed upon a per diem basis, in 164
addition to any retirement benefits to which hethe judge may be 165
entitled. Laws may be passed providing retirement benefits for 166
judges.167

EFFECTIVE DATE AND REPEAL
168

       If adopted by a majority of the electors voting on this 169
proposal, Section 4 of Article II, Section 20 of Article II, 170
Section 31 of Article II, Section 19 of Article III, and Section 6 171
of Article IV of the Constitution of the State of Ohio as amended 172
by this proposal and Section 20a of Article II of the Constitution 173
of the State of Ohio shall take effect immediately and existing 174
Section 4 of Article II, Section 20 of Article II, Section 31 of 175
Article II, Section 19 of Article III, and Section 6 of Article IV 176
of the Constitution of the State of Ohio are repealed effective 177
immediately.178

SCHEDULE I
179

        The Public Office Compensation Commission shall meet in 2015 180
to review the current compensation of each elected public office181
in the state. The Commission shall issue a proposed compensation 182
plan and final compensation plan, and the accompanying reports, 183
not later than December 31, 2015, in accordance with the process 184
in Article II, Section 20a of the Constitution.185

       The compensation amounts set forth in the final compensation 186
plan for each elected public office in the state shall take effect 187
on July 1, 2016, unless, before that day, the General Assembly, by 188
a three-fifths vote of the members elected to each house, adopts a 189
concurrent resolution rejecting one or more of the compensation 190
amounts.191

       If the General Assembly rejects a final compensation plan or 192
portion thereof, a member of the General Assembly is not entitled 193
to an increase in compensation for the duration of the member's 194
term of office.195

SCHEDULE II
196

       Some of the proposed amendments to Ohio Constitution, Article 197
II, Sections 4 and 20, and Article IV, Section 6, replace gender 198
specific language with gender neutral language. These amendments 199
are not intended to make substantive changes in the Ohio 200
Constitution. The gender neutral language shall be interpreted as 201
a restatement of, and substituted in a continuing way for, the 202
corresponding gender specific language existing prior to adoption 203
of the proposal.204