130th Ohio General Assembly
The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.

Am. Sub. S. J. R. No. 9  As Adopted by the Senate
As Adopted by the Senate

130th General Assembly
Regular Session
2013-2014
Am. Sub. S. J. R. No. 9


Senator Faber 

Cosponsors: Senators Widener, Patton, Obhof, Oelslager, Cafaro, Bacon, Coley, Burke, Uecker, Peterson, Lehner, Beagle, LaRose, Hite, Balderson, Brown, Eklund, Hughes, Kearney, Sawyer, Skindell, Tavares 



A JOINT RESOLUTION
Proposing to amend Section 4 of Article II, Section 20 of Article II, Section 31 of Article II, Section 19 of Article III, and Section 6 of Article IV of the Constitution of the State of Ohio and to enact Section 20a of Article II of the Constitution of the State of Ohio to establish the Public Office Compensation Commission.


BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Be it resolved by the General Assembly of the State of Ohio, three-fifths of the members elected to each house concurring herein, that there shall be submitted to the electors of the state, in the manner prescribed by law at a special election to be held on May 5, 2015, a proposal to amend Section 4 of Article II, Section 20 of Article II, Section 31 of Article II, Section 19 of Article III, and Section 6 of Article IV of the Constitution of the State of Ohio and to enact Section 20a of Article II of the Constitution of the State of Ohio to read as follows:

4.   No member of the general assembly shall, during the term of office for which hethe member was elected, unless during such term hethe member resigns therefrom, hold any public office under the United States, or this state, or a political subdivision thereof; but this provision does not extend to officers of a political party, notaries public, or officers of the militia or of the United States armed forces.

       No member of the general assembly shall, during the term of office for which hethe member was elected, or for one year thereafter, be appointed to any public office under this state, which office was created or the compensation of which was increased, during the term of office for which hethe member was elected.

       Section 20.   The General Assembly, in cases not provided for in this constitution, shall fix the term of office of all officers and the compensation of all non-elected officers; but no change therein shall affect the salary of any non-elected officer duringhisthe officer's existing term of office, unless the office be abolished.

20a.  (A) The Public Office Compensation Commission is created. The Commission consists of the following nine voting members: two members appointed by the Governor; two members appointed by the President of the Senate; two members appointed by the Speaker of the House of Representatives; one member appointed by the Minority Leader of the Senate; one member appointed by the Minority Leader of the House of Representatives; and one member appointed by the Chief Justice of the Supreme Court. The following are not eligible to be appointed as a member of the Commission: (1) an officer or employee of the state or a political subdivision of the state or a family member, as defined by law, of an officer or employee of the state or a political subdivision of the state; (2) an individual who, within twelve months before appointment, was a candidate for election to a public office in the state; or (3) an individual who engages during at least a portion of the individual's time to actively advocate legislation on behalf of another.

       Terms of members of the Commission are for two years. Members may not serve more than four consecutive terms. The Commission chairperson shall be selected by majority vote of all members of the Commission. Members are not entitled to compensation, but shall be reimbursed for actual and necessary expenses incurred in the performance of Commission duties. A vacancy among the members of the Commission shall be filled in the manner prescribed for the original appointment.

       (B)(1) The Public Office Compensation Commission shall meet each even-numbered year to review the current compensation of each elected public office in the state. The Commission shall consider such factors as are provided by law, including the amount of compensation paid to similarly skilled individuals in the private sector, the amount of compensation paid to individuals in comparable elected public offices in other states, and the current financial condition of and within Ohio. After completing its review, the Commission, by vote of at least five of its members, shall prepare a proposed compensation plan that sets forth the compensation of each elected public office in the state. The Commission shall prepare a report of its proposed compensation plan and shall present the proposed compensation plan and report at not less than three public hearings in the state in order to obtain public input regarding the proposed compensation plan. After conducting its public hearings, the Commission, by vote of at least five of its members, shall issue a final compensation plan that sets forth the compensation of each elected public office in the state. The Commission shall prepare a report of its final compensation plan not later than the last day of December in each even-numbered year.

       If a proposed or final compensation plan increases or decreases the compensation amount of an elected public office by greater than the lesser of the following, the Commission shall include, in its accompanying report, specific factors that support the increase or decrease:

        (a) Three per cent; or

       (b) The percentage increase, if any, in the consumer price index, or a generally available comparable index, over the twelve-month period that ends on the thirtieth day of September of the immediately preceding year, rounded to the nearest one-tenth of one per cent.

       (2) The compensation amounts set forth in the final compensation plan for each elected public office in the state take effect on the first day of July of the following odd-numbered year unless, before that day, the General Assembly, by a three-fifths vote of the members elected to each house, adopts a concurrent resolution rejecting one or more of the compensation amounts.

       If the General Assembly rejects a final compensation plan or portion thereof, a member of the General Assembly is not entitled to an increase in compensation for the duration of the member's term of office.

       (C) This section does not affect the compensation of a county officer elected under a county charter that has been adopted under Article X, Sections 3 and 4 of this constitution, or the compensation of an officer of a municipal corporation elected under the power of local self-government as exercised by a municipal corporation under Article XVIII, Sections 3 and 7 of this constitution.

       Section 31.   The members and officers of the General Assembly shall receive a fixed compensation, to be prescribed by law, and no other allowance or perquisites, either in the payment of postage or otherwise; and no change in their compensation shall take effect during their term of officeas provided for in Article II, Section 20a of this constitution.

       Section 19.   The officers mentioned in this article shall, at stated times, receive, for their services, a compensation to be established by law, which shall neither be increased nor diminished during the period for which they shall have been electedas provided for in Article II, Section 20a of this constitution.

       Section 6.   (A)(1) The chief justice and the justices of the supreme court shall be elected by the electors of the state at large, for terms of not less than six years.

       (2) The judges of the courts of appeals shall be elected by the electors of their respective appellate districts, for terms of not less than six years.

       (3) The judges of the courts of common pleas and the divisions thereof shall be elected by the electors of the counties, districts, or, as may be provided by law, other subdivisions, in which their respective courts are located, for terms of not less than six years, and each judge of a court of common pleas or division thereof shall reside during histhe judge's term of office in the county, district, or subdivision in which histhe judge's court is located.

       (4) Terms of office of all judges shall begin on the days fixed by law, and laws shall be enacted to prescribe the times and mode of their election.

       (B) The judges of the supreme court, courts of appeals, courts of common pleas, and divisions thereof, and of all courts of record established by law, shall, at stated times, receive, for their services such compensation as may be provided by law, which shall not be diminished during their term of officefor in Article II, Section 20a of this constitution. The compensation of all judges of the supreme court, except that of the chief justice, shall be the same. The compensation of all judges of the courts of appeals shall be the same. Common pleas judges and judges of divisions thereof, and judges of all courts of record established by law shall receive such compensation as may be provided by lawfor in Article II, Section 20a of this constitution. Judges shall receive no fees or perquisites, nor hold any other office of profit or trust, under the authority of this state, or of the United States. All votes for any judge, for any elective office, except a judicial office, under the authority of this state, given by the general assembly, or the people shall be void.

       (C) No person shall be elected or appointed to any judicial office if on or before the day when hethe person shall assume the office and enter upon the discharge of its duties hethe person shall have attained the age of seventy years. Any voluntarily retired judge, or any judge who is retired under this section, may be assigned with histhe judge's consent, by the chief justice or acting chief justice of the supreme court to active duty as a judge and while so serving shall receive the established compensation for such office, computed upon a per diem basis, in addition to any retirement benefits to which hethe judge may be entitled. Laws may be passed providing retirement benefits for judges.

EFFECTIVE DATE AND REPEAL

       If adopted by a majority of the electors voting on this proposal, Section 4 of Article II, Section 20 of Article II, Section 31 of Article II, Section 19 of Article III, and Section 6 of Article IV of the Constitution of the State of Ohio as amended by this proposal and Section 20a of Article II of the Constitution of the State of Ohio shall take effect immediately and existing Section 4 of Article II, Section 20 of Article II, Section 31 of Article II, Section 19 of Article III, and Section 6 of Article IV of the Constitution of the State of Ohio are repealed effective immediately.

SCHEDULE I

        The Public Office Compensation Commission shall meet in 2015 to review the current compensation of each elected public office in the state. The Commission shall issue a proposed compensation plan and final compensation plan, and the accompanying reports, not later than December 31, 2015, in accordance with the process in Article II, Section 20a of the Constitution.

       The compensation amounts set forth in the final compensation plan for each elected public office in the state shall take effect on July 1, 2016, unless, before that day, the General Assembly, by a three-fifths vote of the members elected to each house, adopts a concurrent resolution rejecting one or more of the compensation amounts.

       If the General Assembly rejects a final compensation plan or portion thereof, a member of the General Assembly is not entitled to an increase in compensation for the duration of the member's term of office.

SCHEDULE II

       Some of the proposed amendments to Ohio Constitution, Article II, Sections 4 and 20, and Article IV, Section 6, replace gender specific language with gender neutral language. These amendments are not intended to make substantive changes in the Ohio Constitution. The gender neutral language shall be interpreted as a restatement of, and substituted in a continuing way for, the corresponding gender specific language existing prior to adoption of the proposal.

Please send questions and comments to the Webmaster.
© 2019 Legislative Information Systems | Disclaimer