Req. No. 335 Page 1 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
SENATE JOINT
RESOLUTION 1 By: Floyd
AS INTRODUCED
A Joint Resolution directing the Secretary of State
to refer to the people for their approval or
rejection a proposed amen dment to Section 23 of
Article V of the Oklahoma Constitution; modifying
activity prohibited for members of Legislature;
deleting restrictions on activity after term served;
specifying activity not prohibited ; authorizing
Legislature to enact implementing legislation;
providing ballot title; and directing filing .
BE IT RESOLVED BY THE SENATE AND THE HOUSE OF REPRESENTATIVES O F THE
1ST SESSION OF THE 5 8TH 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 23 of Articl e V of the
Oklahoma Constitution to read as follows:
Section 23. No A. Except as otherwise provided in this section
or in the Oklahoma Constitution, no member of the Legislature shall ,
during the term for which he was elected, :
Req. No. 335 Page 2 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1. During the term for wh ich he or she was elected, be
appointed or elected to any office or commi ssion in the State, which
shall have been create d, or the emoluments of which shall have been
increased, during his term of office, nor shall any member ; or
2. During the term for wh ich he or she was elected, receive any
appointment from the Governor, the Governor and Senate, or from the
Legislature, during the term for which he shall have been elected,
nor shall any member, during; or
3. During the term for which he shall have been or she was
elected, or within two years thereafter, be interested, direct ly or
indirectly, in any contract with the State , or any county or other
subdivision thereof, authorized by law passed during the term for
which he shall have been elected .
B. The provisions of this section shall not operate to:
1. Prohibit a member of the Legislature from serving as an
employee of a school district, technology center school district or
The Oklahoma State System of Higher Education during his or her term
of office, in a position for which he or she possesses
qualifications unrelated to se rvice as a member of the Legislature ;
or
2. Prohibit a member of the Legislature from being appointed as
a member of a legislative committee or to any other position held as
a member of the Legislature.
Req. No. 335 Page 3 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Provided further, neither the provisions of paragrap h 3 of
subsection A of this section, n or any other provision of law, shall
operate to prohibit a former member of the Legislature from
returning to the profession or business that he or she practiced
prior to being elected.
C. The Legislature is authorize d to enact laws necessary to
further implement the provisions of this section.
SECTION 2. The Ballot Title for the proposed Constitutional
amendment as set forth in S ECTION 1 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 Section 23 of Article 5 of the Oklahoma
Constitution. This sect ion prohibits members of the Legislature
from engaging in certain activit ies during the term for which
elected and, in some cases, for two years afterwards. This
measure would change these prohibitions. Prohibited activity
would include being appointed o r elected to any office or
commission in the state during the term, recei ving any
appointment from the Governor, the Gove rnor and Senate or the
Legislature during the term, or being interested in any contract
with the state or a political subdivision durin g the term.
These provisions would not prohibit an employee of a school
Req. No. 335 Page 4 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
district, a technology center school district or The Oklahoma
State System of Higher Education from continuing to serve during
the term, or prohibit an appointment to a legislative committee
or other legislative position . They would also not prohibit a
former member from returning to his or her profess ion or
business. The Legislature could enact laws to implement these
provisions.
SHALL THE PROPOSAL BE APPROVED?
FOR THE PROPOSAL — YES _____________
AGAINST THE PROPOSAL — NO _____________
SECTION 3. The President Pro Tempore of the Sen ate shall,
immediately after the passage of this resolution, prepare and file
one copy thereof, including the Ballot Title set forth in SECTION 2
hereof, with the Secretary of State and one copy with the Atto rney
General.
58-1-335 EB 11/16/2020 3:16:25 PM