1| STATE OF OKLAHOMA |
| |
2| 1st Session of the 59th Legislature (2023) |
| |
3|HOUSE JOINT |
|RESOLUTION 1030 By: Caldwell (Chad) |
4| |
| |
5| |
| |
6| |
| AS INTRODUCED |
7| |
| A Joint Resolution directing the Secretary of State |
8| to refer to the people for their approval or |
| rejection proposed amendments to Sections 1 and 4 of |
9| Article VI of the Constitution of the State of |
| Oklahoma; making the office of Superintendent of |
10| Public Instruction appointed; providing for |
| appointment by the Governor; providing for term of |
11| office; providing ballot title; and directing filing. |
| |
12| |
| |
13| |
| |
14| |
| |
15|BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES AND THE SENATE OF THE |
| |
16|1ST SESSION OF THE 59TH OKLAHOMA LEGISLATURE: |
| |
17| SECTION 1. The Secretary of State shall refer to the people for |
| |
18|their approval or rejection, as and in the manner provided by law, |
| |
19|the following proposed amendments to Sections 1 and 4 of Article VI |
| |
20|of the Constitution of the State of Oklahoma to read as follows: |
| |
21| Section 1. A. The Executive authority of the state shall be |
| |
22|vested in a Governor, Lieutenant Governor, Secretary of State, State |
| |
23|Auditor and Inspector, Attorney General, State Treasurer, |
| |
24|Superintendent of Public Instruction, Commissioner of Labor, |
| |
Req. No. 7057 Page 1
___________________________________________________________________________
1|Commissioner of Insurance and other officers provided by law and |
| |
2|this Constitution, each of whom shall keep his or her office and |
| |
3|public records, books and papers at the seat of government, and |
| |
4|shall perform such duties as may be designated in this Constitution |
| |
5|or prescribed by law. |
| |
6| B. The Secretary of State shall be appointed by the Governor by |
| |
7|and with the consent of the Senate for a term of four (4) years to |
| |
8|run concurrently with the term of the Governor. Beginning with the |
| |
9|term of office of the Governor commencing in 2030, the |
| |
10|Superintendent of Public Instruction shall be appointed by the |
| |
11|Governor by and with the consent of the Senate and shall serve at |
| |
12|the pleasure of the Governor. |
| |
13| Section 4. A. The term of office of the Governor, Lieutenant |
| |
14|Governor, State Auditor and Inspector, Attorney General, State |
| |
15|Treasurer, and Commissioner of Labor and Superintendent of Public |
| |
16|Instruction shall be four (4) years from the second Monday of |
| |
17|January next after their election. The said officers shall be |
| |
18|eligible to immediately succeed themselves except as otherwise |
| |
19|provided in this section. |
| |
20| B. 1. No person shall be eligible to serve as Governor for a |
| |
21|period of time in excess of eight (8) years. Such years need not be |
| |
22|consecutive. Any years served by a person serving as Governor for |
| |
23|less than a full term to fill a vacancy in such office shall not be |
| |
24|included in the eight-year limitation set forth herein. |
| |
Req. No. 7057 Page 2
___________________________________________________________________________
1| 2. Notwithstanding the provisions of this amendment, any person |
| |
2|serving as Governor at the time of passage of this amendment on |
| |
3|November 2, 2010, shall be eligible to complete the term of office |
| |
4|to which he or she was elected but shall not be eligible to serve as |
| |
5|Governor for a period of time in excess of eight (8) years, |
| |
6|excluding years served for less than a full term to fill a vacancy |
| |
7|in such office. The provisions of this paragraph shall apply |
| |
8|regardless of whether such years were served prior to or after |
| |
9|passage of this amendment November 2, 2010. |
| |
10| C. No person shall be eligible to serve as Lieutenant Governor, |
| |
11|State Auditor and Inspector, Attorney General, State Treasurer, or |
| |
12|Commissioner of Labor or Superintendent of Public Instruction for a |
| |
13|period of time in excess of eight (8) years. Such years need not be |
| |
14|consecutive. Any years served by a person elected or appointed to |
| |
15|serve less than a full term to fill a vacancy in any such office |
| |
16|shall not be included in the limitations set forth herein. Any |
| |
17|person serving in such position at the time of passage of this |
| |
18|amendment on November 2, 2010, shall be eligible to complete the |
| |
19|term for which he or she has been elected or appointed and shall be |
| |
20|eligible to serve an additional eight (8) years thereafter, |
| |
21|notwithstanding the provisions of this amendment. |
| |
22| D. The Legislature is hereby authorized to enact laws to |
| |
23|implement the provisions of subsections B and C of this section. |
| |
24| |
| |
Req. No. 7057 Page 3
___________________________________________________________________________
1| SECTION 2. The Ballot Title for the proposed Constitutional |
| |
2|amendments as set forth in SECTION 1 of this resolution shall be in |
| |
3|the following form: |
| |
4| BALLOT TITLE |
| |
5|Legislative Referendum No. ____ State Question No. ____ |
| |
6|THE GIST OF THE PROPOSITION IS AS FOLLOWS: |
| |
7| This measure amends the Oklahoma Constitution. It proposes a |
| |
8| change in the method for selection of the Superintendent of |
| |
9| Public Instruction. Currently the Superintendent of Public |
| |
10| Instruction is elected by the voters of the state. The |
| |
11| amendment would change this and provide that the Superintendent |
| |
12| of Public Instruction would be appointed by the Governor. The |
| |
13| Superintendent of Public Instruction would serve at the pleasure |
| |
14| of the Governor. The changes proposed in this measure would |
| |
15| take place beginning with the term of office of the Governor |
| |
16| that is to start in 2030. |
| |
17| SHALL THE PROPOSAL BE APPROVED? |
| |
18| FOR THE PROPOSAL YES _____________ |
| |
19| AGAINST THE PROPOSAL NO _____________ |
| |
20| SECTION 3. The Chief Clerk of the House of Representatives, |
| |
21|immediately after the passage of this resolution, shall prepare and |
| |
22|file one copy thereof, including the Ballot Title set forth in |
| |
23|SECTION 2 hereof, with the Secretary of State and one copy with the |
| |
24|Attorney General. |
| |
Req. No. 7057 Page 4
___________________________________________________________________________
1| 59-1-7057 LRB 12/19/22 |
| |
2| |
| |
3| |
| |
4| |
| |
5| |
| |
6| |
| |
7| |
| |
8| |
| |
9| |
| |
10| |
| |
11| |
| |
12| |
| |
13| |
| |
14| |
| |
15| |
| |
16| |
| |
17| |
| |
18| |
| |
19| |
| |
20| |
| |
21| |
| |
22| |
| |
23| |
| |
24| |
| |
Req. No. 7057 Page 5