STATE OF OKLAHOMA

2nd Session of the 52nd Legislature (2010)

SENATE JOINT
RESOLUTION 49	By:	Stanislawski

AS INTRODUCED

A Joint Resolution directing the Secretary of State to refer to the people for their approval or rejection proposed amendments to Section 31a of Article 6, Section 40 of Article 10, Section 8 of Article 13, Section 2 of Article 13-A, Section 1 of Article 13-B, Section 3 of Article 25, Section 1 of Article 26 and Section 1 of Article 28 of the Oklahoma Constitution; modifying terms of office of certain board members; prohibiting appointment for more than two terms in succession; allowing certain members to complete current terms; clarifying language; providing ballot title; and directing filing.

BE IT RESOLVED BY THE SENATE AND THE HOUSE OF REPRESENTATIVES OF THE 2ND SESSION OF THE 52ND 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 31a of Article 6 of the Oklahoma Constitution to read as follows:
Section 31a.  There is hereby created a Board of Regents for the Oklahoma Agricultural and Mechanical College and all Agricultural and Mechanical Schools and Colleges maintained in whole or in part by the State.  The Board shall consist of nine (9) members, eight (8) members to be appointed by the Governor by and with the advice and consent of the Senate, a majority of whom shall be farmers, and the ninth member shall be the President of the State Board of Agriculture.  Any vacancy occurring among the appointed members shall be filled by appointment of the Governor by and with the advice and consent of the Senate.  The members of the Board shall be removable only for cause as provided by law for the removal of officers not subject to impeachment.  The members shall be appointed for terms of eight (8) six (6) years each, with at least one term expiring each year, provided that the members of the first Board shall be appointed for terms of from one (1) to eight (8) years respectively.  No member may be appointed for more than two full six-year terms in succession; provided, all members serving on January 1, 2011, shall be allowed to serve until the expiration of their current term.  The Legislature may enact laws regulating and limiting the terms of service of members of the Board.  Provided that no State, National or County officer shall ever be appointed as a member of said the Board of Regents until two years after his or her tenure as such officer has ceased.
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 40 of Article 10 of the Oklahoma Constitution to read as follows:
Section 40.  A.  There is hereby created a trust fund to be known as the “Tobacco Settlement Endowment Trust Fund”.  The trust fund principal shall consist of the portion of monies which are received by the State of Oklahoma on or after July 1, 2001, pursuant to any settlement with or judgment against any tobacco company or companies as provided by subsection B of this section, and any other monies that may be appropriated or otherwise directed to the trust fund by the Legislature.
B.  1.  Deposits into the trust fund from monies which are received by the State of Oklahoma pursuant to any settlement with or judgment against any tobacco company or companies shall be based on the following schedule:
								Minimum Percentage
Fiscal Year					    of Payments
Ending June 30, 2002						50%
Ending June 30, 2003						55%
Ending June 30, 2004						60%
Ending June 30, 2005						65%
Ending June 30, 2006						70%
Ending June 30, 2007						75%
2.  Deposits into the trust fund in subsequent fiscal years shall never be less than seventy-five percent (75%) of the payments.
3.  The monies received by the State of Oklahoma pursuant to any settlement with or judgment against any tobacco company or companies after June 30, 2001, not deposited into the trust fund as provided in this section, shall be deposited into a special fund established by the Legislature solely for the purpose of receiving the payments; provided, the Legislature may, by law, direct a certain portion of such monies to the Office of the Attorney General.  The special fund shall be subject to legislative appropriations.
C.  There is hereby created the Board of Investors of the Tobacco Settlement Endowment Trust Fund.  The Board of Investors shall have the duty of investing monies in the trust fund, subject to restrictions and limitations provided by law for and in accordance with laws applicable to the investment of monies in state retirement funds.
The Board of Investors shall consist of five (5) members as follows:
1.  The State Treasurer who shall be the chair;
2.  An appointee of the Governor;
3.  An appointee of the Speaker of the House of Representatives;
4.  An appointee of the President Pro Tempore of the Senate; and
5.  An appointee of the State Auditor and Inspector.
The initial appointees shall serve staggered terms of office as provided for by law.  Thereafter, appointees shall serve four-year terms of office.  No more than two appointees shall be appointed from any single congressional district.  All appointed members shall have demonstrated expertise in public or private investment funds management.
D.  There is hereby created the Board of Directors of the Tobacco Settlement Endowment Trust Fund.  The Board of Directors shall consist of seven (7) members, one appointed by each of the following appointing authorities:
1.  The Governor;
2.  The President Pro Tempore of the Senate;
3.  The Speaker of the House of Representatives;
4.  The Attorney General;
5.  The State Treasurer;
6.  The State Auditor and Inspector; and
7.  The State Superintendent of Public instruction.
The initial appointed members shall serve staggered terms of office as provided for by law.  Thereafter, the appointed members of the Board of Directors shall serve seven-year six-year terms of office.  No member may be appointed for more than two full six-year terms in succession; provided, all members serving on January 1, 2011, shall be allowed to serve until the expiration of their current term.  The Legislature may enact laws regulating and limiting the terms of service of members of the Board.  At least one appointee shall be appointed from each congressional district, and not more than two appointees shall be appointed from any single congressional district.  Not more than four appointees shall be members of the same political party.  An appointee shall have been a member of the political party to which the appointee belongs for at least one (1) year prior to the date of appointment.  Appointees shall have demonstrated expertise in public or private health care or programs related to or for the benefit of children or senior adults.
The Board of Directors shall meet at least one time each calendar quarter.
E.  Earnings from the trust fund, including but not limited to interest, dividends, and realized capital gains from investments of the trust fund shall be expended as provided in subsection F of this section for the following purposes:
1.  Clinical and basic research and treatment efforts in Oklahoma for the purpose of enhancing efforts to prevent and combat cancer and other tobacco-related diseases;
2.  Cost-effective tobacco prevention and cessation programs;
3.  Programs other than those specified in paragraph 1 of this subsection designed to maintain or improve the health of Oklahomans or to enhance the provision of health care services to Oklahomans, with particular emphasis on such programs for children;
4.  Programs and services for the benefit of the children of Oklahoma, with particular emphasis on common and higher education, before- and after-school and pre-school programs, substance abuse prevention and treatment programs and other programs and services designed to improve the health and quality of life of children;
5.  Programs designed to enhance the health and well-being of senior adults; and
6.  Authorized administrative expenses of the Office of the State Treasurer and the Board of Directors.
F.  Each fiscal year, the Board of Directors may expend the amount of earnings which actually accrued to the trust fund during the preceding fiscal year.  Any amount not so expended shall remain in the trust fund.  The Board shall direct specific expenditures to be made for the purposes specified in subsection E of this section.
G.  The Legislature may enact laws to further implement the provisions of this section.
SECTION 3.  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 8 of Article 13 of the Oklahoma Constitution to read as follows:
Section 8.  The government of the University of Oklahoma shall be vested in a Board of Regents consisting of seven members to be appointed by the Governor by and with the advice and consent of the Senate.  The term of said the members shall be for seven six (6) years, except and provided that the appointed members of the Board of Regents in office at the time of the adoption of this amendment as now provided by law shall continue in office during the term for which they were appointed, and thereafter as provided herein.  No member may be appointed for more than two full six-year terms in succession; provided, all members serving on January 1, 2011, shall be allowed to serve until the expiration of their current term.  The Legislature may enact laws regulating and limiting the terms of service of members of the Board.
Appointments for filling vacancies occurring on said the Board shall be made by the Governor with advice and consent of the Senate and said appointments to fill vacancies shall be for the residue of the term only.
Members of the Board of Regents of the University of Oklahoma shall be subject to removal from office only as provided by law for the removal of elective officers not liable to impeachment.
SECTION 4.  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 2 of Article 13-A of the Oklahoma Constitution to read as follows:
Section 2.  There is hereby established the Oklahoma State Regents for Higher Education, consisting of nine (9) members, whose qualifications may be prescribed by law.  The Board shall consist of nine (9) members appointed by the Governor, confirmed by the Senate, and who shall be removable only for cause, as provided by law for the removal of officers not subject to impeachment.  Upon the taking effect of this Article, the Governor shall appoint the said Regents for terms of office as follows:  one for a term of one year, one for a term of two years, one for a term of three years, one for a term of four years, one for a term of five years, one for a term of six years, one for a term of seven years, one for a term of eight years, and one for a term of nine years.  Any appointment to fill a vacancy shall be for the balance of the term only.  Except as above designated, the term of office of said the Regents shall be nine six (6) years or until their successors are appointed and qualified.  No member may be appointed for more than two full six-year terms in succession; provided, all members serving on January 1, 2011, shall be allowed to serve until the expiration of their current term.  The Legislature may enact laws regulating and limiting the terms of service of members of the Board.
The Regents shall constitute a co‑ordinating board of control for all State institutions described in Section 1 hereof, with the following specific powers:  (1) it shall prescribe standards of higher education applicable to each institution; (2) it shall determine the functions and courses of study in each of the institutions to conform to the standards prescribed; (3) it shall grant degrees and other forms of academic recognition for completion of the prescribed courses in all of such institutions; (4) it shall recommend to the State Legislature the budget allocations to each institution, and; (5) it shall have the power to recommend to the Legislature proposed fees for all of such institutions, and any such fees shall be effective only within the limits prescribed by the Legislature.
SECTION 5.  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 1 of Article 13-B of the Oklahoma Constitution to read as follows:
Section 1.  There is hereby created a Board to be known as the Board of Regents of Oklahoma Colleges, and shall consist of nine (9) members to be appointed by the Governor, by and with the consent of the Senate.  The Governor shall appoint one (1) member to serve for one (1) year, one (1) member to serve for two (2) years, one (1) member to serve for three (3) years, one (1) member to serve for four (4) years, one (1) member to serve for five (5) years, one (1) member to serve for six (6) years, one (1) member to serve for seven (7) years, one (1) member to serve for eight (8) years, and one (1) member to serve for nine (9) years.  Provided that one (1) member shall come from each Congressional District and the ninth (9th) member shall be the State Superintendent of Public Instruction. Their successors shall be appointed for a term of nine (9) six (6) years, and such appointments shall be made within ninety (90) days after the term expires.  No member may be appointed for more than two full six-year terms in succession; provided, all members serving on January 1, 2011, shall be allowed to serve until the expiration of their current term.  The Legislature may enact laws regulating and limiting the terms of service of members of the Board.  Vacancies shall be filled by the Governor within ninety (90) days after the vacancy occurs.  Each member of the Board, except the State Superintendent shall receive as compensation the sum of Ten ($10.00) Dollars per day, not to exceed sixty (60) days in any fiscal year while he or she is actually engaged in the performance of duties, and he or she shall also be allowed the necessary travel expenses as approved by the Board and paid in the manner provided by law.  The Board shall elect a president and vice‑president who shall perform such duties as the Board directs. No executive board meetings shall be held at any time unless such executive session is ordered by a unanimous vote of the Board.  The personnel of the Board of Regents of the Oklahoma Colleges shall not include more than two (2) members from any one profession, vocation, or occupation.  No member of the Board shall be eligible to be an officer, supervisor, president, instructor, or employee of any of the colleges set forth herein within two (2) years from the date of expiration of his or her term.  Any member who fails to attend a board meeting more than two (2) consecutive meetings without the consent of a majority of the Board, his or her office shall be declared vacant by the Governor and his or her successor shall be appointed as provided herein.
SECTION 6.  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 3 of Article 25 of the Oklahoma Constitution to read as follows:
Section 3.  The Department of Public Welfare shall be under the control of a commission to be known as the Oklahoma Public Welfare Commission, composed of nine members appointed by the Governor and selected on the basis of recognized interest in and knowledge of the problems of public welfare.  Each member of the Commission shall be at least thirty years of age, shall be a citizen of the United States, and shall have been a qualified elector of Oklahoma at least five years next preceding his or her appointment.  Members of the Commission or any person employed by and working under direction of said the Commission may be of either sex. Immediately upon the taking effect of this Article, the Governor shall appoint the members of said the Commission for terms of office as follows:  One member for a term of one year, one member for a term of two years, one member for a term of three years, one member for a term of four years, one member for a term of five years, one member for a term of six years, one member for a term of seven years, one member for a term of eight years and one member for a term of nine years.  Except as above designated, the term of office of the members of said the Commission shall be nine six (6) years or until their successors are appointed and qualified.  No member may be appointed for more than two full six-year terms in succession; provided, all members serving on January 1, 2011, shall be allowed to serve until the expiration of their current term.  The Legislature may enact laws regulating and limiting the terms of service of members of the Board.  The Governor shall designate one member of the Commission as chairman chair. Members of the Commission shall receive no compensation for their services but shall be allowed necessary traveling and other expenses actually incurred while in the performance of their official duties. The Governor shall have the power to fill vacancies on the Commission for the remainder of the unexpired term.
No member of said the Commission shall be subject to removal by the Governor, but any such member shall be removable only in the manner and for the causes now provided in Article 2, Chapter 20, Oklahoma Statutes 1931 cause, as provided by law for the removal of officers not subject to impeachment.  The venue of actions for removal shall be in Oklahoma County.
SECTION 7.  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 1 of Article 26 of the Oklahoma Constitution to read as follows:
Section 1.  There is hereby created a Department of Wildlife Conservation of the State of Oklahoma and an Oklahoma Wildlife Conservation Commission.  The Department of Wildlife Conservation shall be governed by the Wildlife Conservation Director, hereinafter created, under such rules, regulations and policies as may be prescribed from time to time by the Oklahoma Wildlife Conservation Commission.  Such rules and regulations and amendments thereof shall be filed and recorded in the office of the Secretary of State, and shall become effective on the tenth (10th) day following such filing.
Said The Commission shall be composed of eight (8) members to be appointed by the Governor by and with the consent of the Senate and shall be removable only for cause, as provided by law for the removal of officers not subject to impeachment; one (1) member from each of eight (8) districts as the same are presently defined by Title 29 O.S.1951, Section 104.  The term of office of each such member shall be eight (8) six (6) years, except that the first appointed members shall hold office for terms as follows:  the member appointed from the first district shall hold office until July 1st following his appointment, and the members appointed from the second, third, fourth, fifth, sixth, seventh and eighth districts shall hold office until July 1st of the second, third, fourth, fifth, sixth, seventh and eighth succeeding calendar years, respectively.  No member may be appointed for more than two full six-year terms in succession; provided, all members serving on January 1, 2011, shall be allowed to serve until the expiration of their current term.  The Legislature may enact laws regulating and limiting the terms of service of members of the Board.  In the event the Governor fails to fill a vacancy within thirty (30) days following such vacancy, the remaining members of the Commission may appoint a qualified person to fill such vacancy for the unexpired portion of the term.
The members of the Commission shall receive no salary or other compensation for their services, other than per diem and expenses as may be authorized by the Legislature.
Each member of the Commission shall take the oaths required of other State officers, and each shall execute a good and sufficient corporate surety bond in the sum of Ten Thousand Dollars ($10,000.00) payable to the State of Oklahoma, and conditioned upon the faithful performance of duty, and the premium thereon shall be payable by the State.
SECTION 8.  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 1 of Article 28 of the Oklahoma Constitution to read as follows:
Section 1.  There is hereby created the Alcoholic Beverage Laws Enforcement Commission.  The purpose of the Commission shall be to enforce the alcoholic beverage laws of the State, and the Commission shall have such power and authority to enforce such laws, rules and regulations as shall be prescribed by the Legislature.
The Commission shall consist of seven (7) members, to be appointed by the Governor with the advice and consent of the State Senate.  Five (5) of the members shall be at‑large members representing the lay citizenry.  The remaining two (2) members shall be persons with law enforcement experience in the State.  Any time there is a vacancy on the Commission the Governor shall appoint a replacement, with the advice and consent of the State Senate, within ninety (90) days.  Members of the Commission shall be appointed for a term of five (5) six (6) years.  The Legislature may enact laws regulating and limiting the terms of service of members of the Board.  The Commission shall appoint a Director, whose duties shall be defined by the Legislature.  No more than four (4) members of the Commission shall be appointed from the same political party.  No more than two (2) members of the Commission shall be appointed from the same federal congressional district.
No member of the Commission shall hold any license authorized by this Article, or have any interest in any capacity, in the manufacture, sale, distribution or transportation of alcoholic beverages.
The members of the Commission shall be removable from office for cause as other officers not subject to impeachment.
SECTION 9.  The Ballot Title for the proposed Constitutional amendments as set forth in SECTIONS 1 through 8 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 eight sections of the State Constitution.  It shortens and limits the terms of members of state boards.  It applies to the Board of Directors of the Tobacco Settlement Endowment Trust Fund.  It also applies to the Public Welfare Commission.  It also applies to the Wildlife Conservation Commission.  It also applies to the Alcoholic Beverage Laws Enforcement Commission.  It also applies to boards governing higher education.  These include the Board of Regents for the Oklahoma Agricultural and Mechanical Colleges, the Board of Regents for the University of Oklahoma, the Oklahoma State Regents for Higher Education and the Board of Regents of Oklahoma Colleges.  Under this measure, the terms would be for six years.  Members could not serve more than two full terms in a row.  However, members serving on January 1, 2011, could complete their terms.
SHALL THE PROPOSAL BE APPROVED?
FOR THE PROPOSAL — YES	_____________
AGAINST THE PROPOSAL — NO 	_____________
SECTION 10.  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 9 hereof, with the Secretary of State and one copy with the Attorney General.

52-2-2909	CD	1/7/2010 11:14:49 AM