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43 | 67 | | A Joint Resolution directing the Secretary of State |
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44 | 68 | | to refer to the people for their approval or |
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45 | 69 | | rejection a proposed amen dment to Section 23 of |
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46 | 70 | | Article V of the Oklahoma Constitution; modifying |
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47 | 71 | | activity prohibited for members of Legislature; |
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48 | 72 | | deleting restrictions on activity after term served; |
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49 | 73 | | specifying activity not prohibited ; authorizing |
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50 | 74 | | Legislature to enact implementing legislation; |
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51 | 75 | | providing ballot title; and directing filing . |
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52 | 76 | | |
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53 | 77 | | |
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54 | 78 | | |
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56 | 80 | | |
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57 | 81 | | BE IT RESOLVED BY THE SENATE AND THE HOUSE OF REPRESENTATIVES O F THE |
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58 | 82 | | 1ST SESSION OF THE 5 8TH OKLAHOMA LEGISLATURE: |
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59 | 83 | | SECTION 1. The Secretary of State shall refer to the people for |
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60 | 84 | | their approval or rejection, as and in the manner provided by law, |
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61 | 85 | | the following proposed amendment to Section 23 of Articl e V of the |
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62 | 86 | | Oklahoma Constitution to read as follows: |
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63 | 87 | | Section 23. No A. Except as otherwise provided in this section |
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64 | 88 | | or in the Oklahoma Constitution, no member of the Legislature shall , |
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65 | 89 | | during the term for which he was elected, : |
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93 | 141 | | 1. During the term for wh ich he or she was elected, be |
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94 | 142 | | appointed or elected to any office or commi ssion in the State, which |
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95 | 143 | | shall have been create d, or the emoluments of which shall have been |
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96 | 144 | | increased, during his term of office, nor shall any member ; or |
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97 | 145 | | 2. During the term for wh ich he or she was elected, receive any |
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98 | 146 | | appointment from the Governor, the Governor and Senate, or from the |
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99 | 147 | | Legislature, during the term for which he shall have been elected, |
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100 | 148 | | nor shall any member, during; or |
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101 | 149 | | 3. During the term for which he shall have been or she was |
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102 | 150 | | elected, or within two years thereafter, be interested, direct ly or |
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103 | 151 | | indirectly, in any contract with the State , or any county or other |
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104 | 152 | | subdivision thereof, authorized by law passed during the term for |
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105 | 153 | | which he shall have been elected . |
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106 | 154 | | B. The provisions of this section shall not operate to: |
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107 | 155 | | 1. Prohibit a member of the Legislature from serving as an |
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108 | 156 | | employee of a school district, technology center school district or |
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109 | 157 | | The Oklahoma State System of Higher Education during his or her term |
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110 | 158 | | of office, in a position for which he or she possesses |
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111 | 159 | | qualifications unrelated to se rvice as a member of the Legislature ; |
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112 | 160 | | or |
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113 | 161 | | 2. Prohibit a member of the Legislature from being appointed as |
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114 | 162 | | a member of a legislative committee or to any other position held as |
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115 | 163 | | a member of the Legislature. |
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143 | 215 | | Provided further, neither the provisions of paragrap h 3 of |
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144 | 216 | | subsection A of this section, n or any other provision of law, shall |
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145 | 217 | | operate to prohibit a former member of the Legislature from |
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146 | 218 | | returning to the profession or business that he or she practiced |
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147 | 219 | | prior to being elected. |
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148 | 220 | | C. The Legislature is authorize d to enact laws necessary to |
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149 | 221 | | further implement the provisions of this section. |
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150 | 222 | | SECTION 2. The Ballot Title for the proposed Constitutional |
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151 | 223 | | amendment as set forth in S ECTION 1 of this resolution shall be in |
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152 | 224 | | the following form: |
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153 | 225 | | BALLOT TITLE |
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154 | 226 | | Legislative Referendum No. ____ State Question No. ____ |
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155 | 227 | | THE GIST OF THE PROPOSITION IS AS FOLLOWS: |
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156 | 228 | | This measure amends Section 23 of Article 5 of the Oklahoma |
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157 | 229 | | Constitution. This sect ion prohibits members of the Legislature |
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158 | 230 | | from engaging in certain activit ies during the term for which |
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159 | 231 | | elected and, in some cases, for two years afterwards. This |
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160 | 232 | | measure would change these prohibitions. Prohibited activity |
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161 | 233 | | would include being appointed o r elected to any office or |
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162 | 234 | | commission in the state during the term, recei ving any |
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163 | 235 | | appointment from the Governor, the Gove rnor and Senate or the |
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164 | 236 | | Legislature during the term, or being interested in any contract |
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165 | 237 | | with the state or a political subdivision durin g the term. |
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166 | 238 | | These provisions would not prohibit an employee of a school |
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193 | 289 | | |
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194 | 290 | | district, a technology center school district or The Oklahoma |
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195 | 291 | | State System of Higher Education from continuing to serve during |
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196 | 292 | | the term, or prohibit an appointment to a legislative committee |
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197 | 293 | | or other legislative position . They would also not prohibit a |
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198 | 294 | | former member from returning to his or her profess ion or |
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199 | 295 | | business. The Legislature could enact laws to implement these |
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200 | 296 | | provisions. |
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201 | 297 | | SHALL THE PROPOSAL BE APPROVED? |
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202 | 298 | | FOR THE PROPOSAL — YES _____________ |
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203 | 299 | | AGAINST THE PROPOSAL — NO _____________ |
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204 | 300 | | SECTION 3. The President Pro Tempore of the Sen ate shall, |
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205 | 301 | | immediately after the passage of this resolution, prepare and file |
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206 | 302 | | one copy thereof, including the Ballot Title set forth in SECTION 2 |
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207 | 303 | | hereof, with the Secretary of State and one copy with the Atto rney |
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208 | 304 | | General. |
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