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
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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
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
| 18 |
during such term | 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 | 25 |
thereafter, be appointed to any public office under this state, | 26 |
which office was created | 27 |
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 officers | 31 |
and the compensation of all non-elected officers; but no change | 32 |
therein shall affect the salary of any non-elected officer during | 33 |
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; or | 87 |
(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 | 111 |
112 | |
113 | |
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, | 117 |
118 | |
119 | |
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 | 133 |
judge's term of office in the county, district, or subdivision in | 134 |
which | 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 | 142 |
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
| 149 |
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 | 157 |
office and enter upon the discharge of its duties | 158 |
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 | 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 | 165 |
entitled. Laws may be passed providing retirement benefits for | 166 |
judges. | 167 |
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 |
179 | |
The Public Office Compensation Commission shall meet in 2015 | 180 |
to review the current compensation of each elected public office | 181 |
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 |
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 |