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S. J. R. No. 9 As IntroducedAs Introduced
| 130th General Assembly | | Regular Session | | 2013-2014 |
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Cosponsors:
Senators Widener, Patton, Obhof, Oelslager, Cafaro, Bacon, Coley, Burke, Uecker, Peterson, Lehner, Beagle, LaRose, Hite
A JOINT RESOLUTION | Proposing to amend Section 4 of Article II, Section
20 of Article II, Section 31 of Article II, 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.
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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 general 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, 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 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 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 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, 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 official 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 official 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
official 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 official by
greater than the lesser of the following, the Commission shall
include, in its accompanying report, specific factors that support
the increase or decrease: |
| (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 official 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. |
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 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
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| 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, 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, and
Section 6 of Article IV of the Constitution of the State of Ohio
is repealed effective immediately. |
| The Public Office Compensation Commission shall meet in 2015
to review the current compensation of each elected public official
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 official 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. |
| 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. |
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