Bill Text For HJR1030 - Introduced

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