ENGROSSED HOUSE
JOINT
RESOLUTION NO. 1028	By:	Morrissette, Hamilton and Holland of the House

			   and

		Rice of the Senate

A Joint Resolution directing the Secretary of State to refer to the people for their approval or rejection a proposed amendment to Section 23 of Article V of the Constitution of the State of Oklahoma; modifying provisions related to certain activity authorized for legislators; prohibiting compensation, remuneration or reimbursement from state governmental entities for prescribed period for former legislators and statewide officials; providing exception for retirement benefits or distributions from certain retirement plans for former legislators and statewide officials; providing exception for legislators and statewide officials returning to certain employment; authorizing employment of former legislators and statewide officials by certain political subdivisions; authorizing former legislators to serve in the Governor’s Executive Cabinet; authorizing former legislators to receive compensation if elected to another public office; 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 23 of Article V of the Constitution of the State of Oklahoma to read as follows:
Section 23.  A.  No member of the Legislature shall, during the term for which he the member was elected, be appointed or elected to any office or commission in the State, which shall have been created, or the emoluments of which shall have been increased, during his the term of office, nor shall any member to which the member was elected. 
B.  Except as otherwise provided by this section, no former member of the Legislature or former statewide elected official shall be employed by or receive any form of compensation, remuneration or expense reimbursement from any state governmental entity for a period of two (2) years after the end of the term to which the member or former statewide elected official was elected.
C.  The provisions of subsection B of this section shall not be applicable to retirement benefit payments or distributions from a governmental tax-qualified retirement plan.
D.  The provisions of subsection B of this section shall not prohibit a former member of the Legislature or former statewide elected official from returning to employment with a common school district, a career technology district or an institution within The Oklahoma State System of Higher Education within the two-year period if the former member or former statewide elected official returns to a teaching or instructional position with a former employer that is a common school district, a career technology district or an institution within The Oklahoma System of Higher Education and the former member or former statewide elected official was employed in such position for at least three (3) years prior to the date as of which the member was elected to either the Oklahoma House of Representatives or the Oklahoma State Senate or the applicable statewide office.
E.  No member shall receive any appointment from the Governor, the Governor and Senate, or from the Legislature, during the term for which he the member shall have been elected, nor shall any.
F.  No member or former statewide elected official shall, during the term for which he the member or statewide elected official shall have been elected, or within two (2) years thereafter, be interested, directly or indirectly, in any contract with the State, or, except with respect to the employment authorized pursuant to subsection D or subsection G of this section, in any contract with any county or other political subdivision thereof, authorized by law passed during the term for which he the member or statewide elected official shall have been elected.  
G.  The provisions of this section shall not prohibit a former legislator or statewide elected official from being employed by a county, city, town, or other political subdivision within the two-year period after the end of the term to which the legislator or statewide elected official was elected.
The provisions of this section shall not prohibit a former legislator from receiving the lawful compensation provided by law upon election to another public office.
The provisions of this section shall not prohibit appointment of a current or former legislator to a position within the Governor’s Executive Cabinet and shall not prevent the former legislator from receiving the compensation provided by law.
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 Oklahoma Constitution.  It amends Section 23 of Article 5.  Lawmakers cannot do certain things after their term ends.  Lawmakers cannot have a job paid with state funds for two (2) years.  The two years is counted from the time the term ends.  This measure would not allow the state to pay former lawmakers for two (2) years.  Lawmakers could not be state employees during this time.  Lawmakers could not be paid any money from state funds.  Former lawmakers could receive retirement money.  Former lawmakers could receive money paid into a retirement plan.  Former lawmakers could return to a job as a teacher or instructor.  To return to this job, the lawmaker needs to have had the job for three (3) years before they become a lawmaker.  Lawmakers could return to a job as a teacher with a school district.  Lawmakers could return to a job as an instructor with a career technology district.  Lawmakers could return to a job as an instructor with a college or university.  Former lawmakers could be employed by a county.  Former lawmakers could be paid if elected to another office.  Former lawmakers could serve in the Governor’s Cabinet.  Former lawmakers could be employed by a city or town.  Former lawmakers could be employed by another local government entity.  This measure would also apply to former state officials.
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.
Passed the House of Representatives the 17th day of March, 2011.

	
Presiding Officer of the House of
	Representatives

Passed the Senate the ____ day of __________, 2011.

	
Presiding Officer of the Senate