Oklahoma 2022 Regular Session

Oklahoma House Bill HB1767 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	ENGR. H. B. NO. 1767 Page 1 1
	3	+	HB1767 HFLR Page 1
	4	+	BOLD FACE denotes Commi ttee Amendments. 1
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28		-	ENGROSSED HOUSE
29		-	BILL NO. 1767 By: Roberts (Eric) and Kendrix
30		-	of the House
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
31	30
32		-	~~and~~
	31	+	STATE OF OKLAHOMA
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34		-	Jett of the Senate
	33	+	1st Session of the 58th Legislature (2021)
	34	+
	35	+	COMMITTEE SUBSTITUTE
	36	+	FOR
	37	+	HOUSE BILL NO. 1767 By: Roberts (Eric)
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42		-	[ initiative and referendum - modifying certain
43		-	ballot title requirements - effective date ]
	45	+	COMMITTEE SUBSTITUTE
	46	+
	47	+	An Act relating to initiative and referendum;
	48	+	amending 34 O.S. 2011, Section 9, as last amended by
	49	+	Section 1, Chapter 281, O.S.L. 2018 (34 O.S. Supp.
	50	+	2020, Section 9), which relates to ballot titles;
	51	+	modifying certain ballot title requirements;
	52	+	requiring certain ballot titles contain wording
	53	+	descriptive of increased funding requirements; and
	54	+	providing an effective date.
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48	59		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
49	60		SECTION 1. AMENDATORY 34 O.S. 2011, Section 9, as last
50	61		amended by Section 1, Chapter 281, O.S.L. 2018 (34 O.S. Supp. 2020,
51	62		Section 9), is amended to read as follows:
52	63		Section 9. A. When a referendum is ordered by petition of the
53	64		people against any measure passed by the Legislature or when any
54	65		measure is proposed by initiative petition, whether as an amendment
55	66		to the Constitution or as a statute, it shall be the duty of the
56	67		parties submitting the measure to prepare and file one copy of the
57		-	measure with the Secretary of State and one copy with the Attorney
58		-	General.
59		-	B. The parties submitting the measure shall also submit a
60		-	suggested ballot title to the Secretary of State which shall be
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62		-	ENGR. H. B. NO. 1767 Page 2 1
	69	+	HB1767 HFLR Page 2
	70	+	BOLD FACE denotes Commi ttee Amendments. 1
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	95	+	measure with the Secretary of State and one copy with the Attorney
	96	+	General.
	97	+	B. The parties submitting the measure shall also submit a
	98	+	suggested ballot title to the Secretary of State which shall be
87	99		filed on a separate sheet of paper and shall not be part of or
88	100		printed on the petition. The suggested ballot title:
89	101		1. Shall not exceed two hundred words or three hundred words if
90	102		the proposed measure will have a fiscal impact on the state ;
91	103		2. Shall explain in basic words, which can be easily found in
92	104		dictionaries of general usage, the effect of the proposition;
93	105		3. Shall not contain any words which have a special meanin g for
94	106		a particular profession or trade not commonly known to the citizens
95	107		of this state;
96	108		4. Shall not reflect partiality in its composition or contain
97	109		any argument for or against the measure;
98	110		5. Shall contain language which clearly states that a "yes"
99	111		vote is a vote in favor of the proposition and a "no" vote is a vote
100	112		against the proposition; and
101	113		6. Shall not contain language whereby a "yes" vote is, in fact,
102	114		a vote against the proposition and a "no" vote is, in fact, a vote
103	115		in favor of the proposition ; and
104	116		7. Shall contain the language required by subsection E of this
105	117		section if applicable .
106		-	C. When a measure is proposed as a constitutional amendment by
107		-	the Legislature or when the Legislature proposes a statute
108		-	conditioned upon approval by the people:
109		-	1. After final passage of a measure, the Secretary of State
110		-	shall submit the proposed ballot title to the Attorney General for
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112		-	ENGR. H. B. NO. 1767 Page 3 1
	119	+	HB1767 HFLR Page 3
	120	+	BOLD FACE denotes Commi ttee Amendments. 1
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	145	+	C. When a measure is proposed as a constitutional amendment by
	146	+	the Legislature or when the Legislature proposes a statute
	147	+	conditioned upon approval by the people:
	148	+	1. After final passage of a measure, the Secretary of State
	149	+	shall submit the proposed ballot title to the Attorney General for
137	150		review as to legal correctness. Within five (5) business days after
138	151		receipt from the Secretary of State, the Attorney General s hall, in
139	152		writing, notify the Secretary of State, the President Pro Tempore of
140	153		the Senate, the Speaker of the House of Representatives and the
141	154		principal authors of the bill whether or not the proposed ballot
142	155		title complies with applicable laws. The Attorne y General shall
143	156		state with specificity any and all defects found and, if necessary,
144	157		within ten (10) business days of determining that the proposed
145	158		ballot title is defective, prepare a preliminary ballot title which
146	159		complies with the law and furnish a copy of such ballot title to the
147	160		Secretary of State, the President Pro Tempore of the Senate, the
148	161		Speaker of the House of Representatives and the principal authors of
149	162		the bill. The Attorney General may consider any comments made by
150	163		the President Pro Tempore of the Senate or the Speaker of the House
151	164		of Representatives submitted within five (5) business days of their
152	165		being furnished a copy of the preliminary ballot title. The
153	166		Attorney General shall respond in writing to the comments and shall
154	167		file a final ballot title with the Secretary of State no later than
155		-	fifteen (15) business days after furnishing the preliminary ballot
156		-	title; and
157		-	2. After receipt of the measure and the official ballot title,
158		-	as certified by the Attorney General, the Secretary of State shall
159		-	within five (5) days transmit to the Secretary of the State Election
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161		-	ENGR. H. B. NO. 1767 Page 4 1
	169	+	HB1767 HFLR Page 4
	170	+	BOLD FACE denotes Commi ttee Amendments. 1
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	195	+	fifteen (15) business days after furnishing the preliminary ballot
	196	+	title; and
	197	+	2. After receipt of the measure and the official ballot title,
	198	+	as certified by the Attorney General, the Secretary of State shal l
	199	+	within five (5) days transmit to the Secretary of the State Election
186	200		Board an attested copy of the measure, including the official ballot
187	201		title.
188	202		D. The following procedure shall apply to ballot titles of
189	203		referendums ordered by a petition of the people o r any measure
190	204		proposed by an initiative petition:
191	205		1. After the filing of the signed referendum petitions or the
192	206		signed initiative petitions, the Secretary of State shall submit the
193	207		proposed separate ballot title to the Attorney General for review as
194	208		to legal correctness. Within five (5) business days after the
195	209		receipt of the ballot title, the Attorney General shall, in writing,
196	210		notify the Secretary of State whether or not the proposed ballot
197	211		title complies with applicable laws. The Attorney General shall
198	212		state with specificity any and all defects found and, if necessary,
199	213		within ten (10) business days of determining that the proposed
200	214		ballot title is defective, prepare and file a ballot title which
201	215		complies with the law; and
202	216		2. Within ten (10) business day s after completion of the review
203	217		and, if necessary, the filing of a ballot title in compliance with
204	218		law, by the Attorney General, the Secretary of State shall, if no
205		-	appeal is filed, transmit to the Secretary of the State Election
206		-	Board an attested copy of the measure, including the official ballot
207		-	title, and a certification that the requirements of this section
208		-	have been met. If an appeal is taken from such ballot title within
209		-	the time specified in Section 10 of this title, then the Secretary
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211		-	ENGR. H. B. NO. 1767 Page 5 1
	220	+	HB1767 HFLR Page 5
	221	+	BOLD FACE denotes Commi ttee Amendments. 1
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	246	+	appeal is filed, transmit to the Secretary of the State Election
	247	+	Board an attested copy of the measure, including the official ballot
	248	+	title, and a certification that the requirements of this section
	249	+	have been met. If an appeal is taken from such ballot title within
	250	+	the time specified in Section 10 of this title, then the Secretary
236	251		of State shall certify to the Secretary of the State Election Board
237	252		the ballot title which is finally approved by the Supreme Court.
238	253		E. Any question to be submitted to a vote of the people,
239	254		whether pursuant to an initiative petition, a referendum petition
240	255		with respect to an enacted statute, or pursuant to a referred
241	256		measure by the Legislature, that would have the effect of increasing
242	257		the funding requirements of any department of state government,
243	258		including the legislative, the executive or judicial departments, or
244	259		any combination of such departments, shall contain a clear
245	260		statement, in language understandable by a reasonable person, that
246	261		if the proposal is approved, additional funding would be required by
247	262		the applicable department or departments of state government.
248	263		SECTION 2. This act shall become effective November 1, 2021.
249		-	Passed the House of Representatives the 2nd day of March, 2021.
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252		-
253		-
254		-	Presiding Officer of the House
255		-	of Representatives
256		-
257		-
258		-	Passed the Senate the ___ day of __________, 2021.
259		-
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262		-
263		-	Presiding Officer of the Senate
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265		-
	265	+	COMMITTEE REPORT BY: COMMITTEE ON ELECTIONS AND ETHICS, dated
	266	+	02/17/2021 - DO PASS, As Amended.