STATE OF OKLAHOMA

1st Session of the 53rd Legislature (2011)

SENATE JOINT
RESOLUTION 2	By:	Ivester

AS INTRODUCED

A Joint Resolution directing the Secretary of State to refer to the people for their approval or rejection proposed amendments to Sections 21 and 26 of Article 5 of the Oklahoma Constitution; requiring Legislature to meet in regular session in odd-numbered years; limiting amount of compensation paid to members of Legislature; providing ballot title; and directing filing.

BE IT RESOLVED BY THE SENATE AND THE HOUSE OF REPRESENTATIVES 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 26 of Article 5 of the Oklahoma Constitution to read as follows:
Section 26.  The Legislature shall meet in regular session at the seat of government at twelve o'clock noon on the first Monday in February of each odd-numbered year and the regular session shall be finally adjourned sine die not later than five o'clock p.m. on the last Friday in May of each odd-numbered year.
The Legislature shall also meet in regular session at the seat of government on the first Tuesday after the first Monday in January of each odd-numbered year, beginning at twelve o'clock noon for the purposes only of performing the duties as required by Section 5 of Article VI of the Constitution and organizing pursuant to the provisions of this Article and shall recess not later than five o'clock p.m. of that same day until the following first Monday in February of the same year, beginning at twelve o'clock noon.
SECTION 2.  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 5 of the Oklahoma Constitution 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 The 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 Chair of the Oklahoma Tax Commission and the Director of State Finance shall serve as ex officio nonvoting members of said the Board.  The Chairman Chair of said the Board shall be designated by the Governor.  Members of the Legislature shall receive such compensation as shall be fixed by the Board on Legislative Compensation.  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 The Board shall each two (2) years review the compensation paid to the members of the Legislature and shall be empowered to change such compensation; such change to become effective on the fifteenth day following the succeeding general election; provided, the amount of annual compensation set by the Board shall only be paid to members of the Legislature in a year in which a regular legislative session is held pursuant to the provisions of Section 26 of this article.  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 3.  The Ballot Title for the proposed Constitutional amendments as set forth in SECTIONS 1 and 2 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 Sections 26 and 21 of Article 5 of the State Constitution.  It would require the Senate and House to meet in regular session only in odd-numbered years.  Under current law, the Senate and House meet in regular session every year.  It would also state that members of the Senate and House could only be paid in years in which a regular session was held.
SHALL THE PROPOSAL BE APPROVED?
FOR THE PROPOSAL — YES	_____________
AGAINST THE PROPOSAL — NO 	_____________
SECTION 4.  The President Pro Tempore of the Senate shall, immediately after the passage of this resolution, prepare and file one copy thereof, including the Ballot Title set forth in SECTION 3 hereof, with the Secretary of State and one copy with the Attorney General.

53-1-1332	CD	1/3/2011 4:09:10 AM