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Oklahoma House Bill HJR1001

Oklahoma 2022 Regular Session

Oklahoma House Bill HJR1001 Compare Versions

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28-ENGROSSED HOUSE
29-JOINT
30-RESOLUTION NO. 1001 By: Fugate, Baker, Bashore, Bell, Bennett,
31-Blancett, Boatman, Boles, Brewer,
32-Burns, Bush, Caldwell (Chad), Caldwell
33-(Trey), Conley, Cornwell, Crosswhite
34-Hader, Cruz, Culver, Davis, Dempsey,
35-Dills, Dobrinski, Dollens, Echols,
36-Fetgatter, Ford, Frix, Gann, Goodwin,
37-Grego, Hardin (David), Hardin (Tommy),
38-Hasenbeck, Hilbert, Hill, Humphrey,
39-Johns, Kannady, Kendrix, Kerbs,
40-Lawson, Lepak, Lowe (Dick), Lowe
41-(Jason), Luttrell, Manger, Marti,
42-Martinez, May, McBride, McCall,
43-McDugle, McEntire, Miller, Mize,
44-Moore, Munson, Newton, Nichols,
45-Nollan, O'Donnell, Olsen, Osburn, Pae,
46-Patzkowsky, Pfeiffer, Phillips,
47-Pittman, Provenzano, Randleman,
48-Ranson, Roberts (Dustin), Roberts
49-(Eric), Roberts (Sean), Roe,
50-Rosecrants, Russ, Sims, Sm ith, Sneed,
51-Stark, Steagall, Stearman, Sterling,
52-Stinson, Strom, Talley, Townley,
53-Turner, Vancuren, Virgin, Waldron,
54-Walke, Wallace, West (Josh), West
55-(Kevin), West (Rick), West (Tammy),
56-Williams, Wolfley and Worthen of the
57-House
29+HOUSE OF REPRESENTATIVES - FLOOR VERSION
30+
31+STATE OF OKLAHOMA
32+
33+1st Session of the 58th Legislature (2021)
34+
35+HOUSE JOINT
36+RESOLUTION 1001 By: Fugate of the House
5837
5938 and
6039
6140 Montgomery of the Senate
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47+AS INTRODUCED
6548
6649 A Joint Resolution directing the Secretar y of State
6750 to refer to the people for their approval or
6851 rejection a proposed amendment to Section 23 of
6952 Article X of the Constitution of the State of
7053 Oklahoma; modifying provisions related to maximum
7154 balance of the Constitutional Reserve Fund; providing
7255 for sources of revenue to be included or excluded
7356 from computation; providing ballot title; and
7457 directing filing.
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63+BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES AND THE SENATE OF THE
64+1ST SESSION OF THE 58TH OKLAHOMA LEGISLATURE:
65+SECTION 1. The Secretary of State shall refer to the people for
66+their approval or rejection, as and in the manner provided by law,
67+the following proposed amendment to Section 23 of Article X of the
68+Constitution of the State of Oklahoma to read as follows:
69+
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101-BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES AND THE SENATE OF THE
102-1ST SESSION OF THE 58 TH OKLAHOMA LEGISLATURE:
103-SECTION 1. The Secretary of State shall refer to the people for
104-their approval or rejection, as and in the manner provided by law,
105-the following proposed amendment to Section 23 of Article X of the
106-Constitution of the State of Oklahoma to read as follows:
10796 Section 23. The state shall never create or authorize the
10897 creation of any debt or obligation, or fund or pay any deficit,
10998 against the state, or any department, institution or agency thereof,
11099 regardless of its form or the source of money from which it is to be
111100 paid, except as may be provided in this section and in Sections 24
112101 and 25 of Article X of the Constitution of the State of Oklahoma.
113102 To ensure a balanced annual budget, pursuant to the limitations
114103 contained in the foregoing, procedures are herewith establis hed as
115104 follows:
116105 1. Not more than forty -five (45) days or less than thirty -five
117106 (35) days prior to the convening of each regular session of the
118107 Legislature, the State Board of Equalization shall certify the total
119108 amount of revenue which accrued during the last preceding fiscal
120109 year to the General Revenue Fund and to each Special Revenue Fund
121110 appropriated directly by the Legislature, and shall further certify
122111 amounts available for appropriation which shall be based on a
123112 determination, in accordance with the procedure hereinafter
124113 provided, of the revenues to be received by the state under the laws
114+in effect at the time such determination is made, for the next
115+ensuing fiscal year, showing separately the revenues to accrue to
116+the credit of each such fund of the state appropriated directly by
117+the Legislature.
118+Amounts certified as available for appropriation from each fund,
119+as hereinbefore provided, shall be ninety -five percent (95%) of an
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151-in effect at the time such determination is made, for the next
152-ensuing fiscal year, showing separately the revenues to accrue to
153-the credit of each such fund of the state appropriated directly by
154-the Legislature.
155-Amounts certified as available for appropriation from each fund,
156-as hereinbefore provided, shall be ninety -five percent (95%) of an
157147 itemized estimate made by the State Board of Equalization, which
158148 shall include all sources of revenue to each fund for the next
159149 ensuing fiscal year; provided, however, appropriated federal funds
160150 shall be certified for the full amount of the estimate. Said
161151 estimate shall consider any increase or decline in revenues that
162152 would result from predictable changes in the economy.
163153 Legislative appropriations for any fiscal year, except for
164154 special appropriations provided for in paragraph 6, 7 or 8 shall be
165155 limited to a sum not to exceed the total amount appropriated from
166156 all funds in the preceding fiscal year, plus twelve percent (12%),
167157 adjusted for inflation for the previous calendar year. Said limit
168158 shall be adjusted for funds not previously appropriated. The limit
169159 on the growth of appropriations shall be certified to by the State
170160 Board of Equalization.
171161 2. Such certification shall be filed with the Governor, the
172162 President and President Pro Tempore of the Senate, and the Speaker
173163 of the House of Representatives. The Legislature shall not pass or
174164 enact any bill, act or measure making an ap propriation of money for
165+any purpose until such certification is made and filed, unless the
166+State Board of Equalization has failed to file said certification at
167+the time of convening of said Legislature. In such event, it shall
168+be the duty of the Legislat ure to make such certification pursuant
169+to the provisions of this section. All appropriations made in
170+excess of such certification shall be null and void; provided,
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201-any purpose until such certification is made and filed, unless the
202-State Board of Equalization has failed to file said certification at
203-the time of convening of said Legislature. In such event, it shall
204-be the duty of the Legislature to make such certification pursuant
205-to the provisions of this section. All appropriations made in
206-excess of such certification shall be null and void; provided,
207198 however, that the Legislature may at any regular session or special
208199 session, called for th at purpose, enact laws to provide for
209200 additional revenues or a reduction in revenues, other than ad
210201 valorem taxes, or transferring the existing revenues or
211202 unappropriated cash on hand from one fund to another, or making
212203 provisions for appropriating funds n ot previously appropriated
213204 directly by the Legislature. Whereupon, it shall be the duty of the
214205 State Board of Equalization to make a determination of the revenues
215206 that will accrue under such laws and ninety -five percent (95%) of
216207 the amount of any increase or decrease resulting, for any reason,
217208 from such changes in laws shall be added to or deducted from the
218209 amount previously certified available for appropriation from each
219210 respective fund, as the case may be. The State Board of
220211 Equalization shall file the amount of such adjusted certification,
221212 or additional certification for funds not previously appropriated
222213 directly by the Legislature, with the Governor, with the President
223214 and President Pro Tempore of the Senate, and the Speaker of the
224215 House of Representat ives, and such adjusted amount shall be the
216+maximum amount which can be appropriated for all purposes from any
217+such fund for the fiscal year being certified.
218+3. The State Board of Equalization shall meet within five (5)
219+days after the monthly apportionmen t in February of each year, and
220+at that time may adjust the certification, based upon the most
221+current information available, and determine the amount of funds
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251-maximum amount which can be appropriated for all purposes from any
252-such fund for the fiscal year being certified.
253-3. The State Board of Equalization shall meet wi thin five (5)
254-days after the monthly apportionment in February of each year, and
255-at that time may adjust the certification, based upon the most
256-current information available, and determine the amount of funds
257249 available for appropriation for that legislative session. At said
258250 meeting the Board shall deter mine the limit on the growth of
259251 appropriations as provided for in this section.
260252 4. Surplus funds or monies shall be any amount accruing to the
261253 General Revenue Fund of the State of Oklahoma over and above the
262254 itemized estimate made by the State Board of Eq ualization.
263255 5. All such surplus funds or monies shall be placed in a
264256 Constitutional Reserve Fund by the State Treasurer until such time
265257 that the amount of said Fund equals fifteen percent (15%) of the
266258 General Revenue Fund certification for the preceding fiscal year
267259 total state expenditures for the fiscal year ending on June 30
268260 immediately preceding the month of the succeeding fiscal year during
269261 which the surplus monies are deposited into the Constitutional
270262 Reserve Fund, such expenditures to be computed usi ng expenditures
271263 from funds from which the Legislature appropriates money, inclusive
272264 of all federal funds, but exclusive of monies expended from
273265 revolving funds, exclusive of any expenditures from a fund from
274266 which public monies are derived from fees or oth er charges not
267+consisting of tax revenues, and exclusive of the proceeds from any
268+general obligation bond or other evidence of indebtedness issued by
269+a state governmental entity and which is repaid in whole or in part
270+using executive branch agency appropri ations or appropriations to
271+The Oklahoma State System of Higher Education . Appropriations made
272+from said Fund shall be considered special appropriations.
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301-consisting of tax revenues, and exclusive of the proceeds from any
302-general obligation bond or other evidence of indebtedness issued by
303-a state governmental entity and which is repaid in whole or in part
304-using executive branch agency appropriations or appropriations to
305-The Oklahoma State System of Higher Education . Appropriations made
306-from said Fund shall be considered special appropriations.
307300 6. a. Up to three-eighths (3/8) of the balance at the
308301 beginning of the current fiscal year in the
309302 Constitutional Reserve Fund may be appropriated for
310303 the forthcoming fiscal year, when the certification by
311304 the State Board of Equalization for said forthcoming
312305 fiscal year General Revenue Fund is less than that of
313306 the current fiscal year certification. In no event
314307 shall the amount of monies appropriated from the
315308 Constitutional Reserve Fund be in excess of the
316309 difference between the two said certifications.
317310 b. (1) In years when the provisions of subparagraph a of
318311 this paragraph are not applicable and the balan ce
319312 at the beginning of the current fiscal year in
320313 the Constitutional Reserve Fund is equal to or
321314 greater than Eighty Million Dollars
322315 ($80,000,000.00), up to Ten Million Dollars
323316 ($10,000,000.00) may be expended for the purpose
324317 of providing incentives to sup port retention of
318+at-risk manufacturing establishments in this
319+state in order to retain employment for residents
320+of this state. Such incentives shall be paid by
321+the Oklahoma Tax Commission upon a unanimous
322+finding by the Governor, the Speaker of the House
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351-at-risk manufacturing establishments in this
352-state in order to retain employment for residents
353-of this state. Such incentives shall be paid by
354-the Oklahoma Tax Commission upon a unanimous
355-finding by the Governor, the Speaker of the House
356350 of Representatives and the President Pro Tempore
357351 of the Senate that:
358352 (a) such incentives have been recommended by an
359353 independent committee created by the
360354 Legislature for such purposes as provided
361355 herein pursuant to criteria set out by law,
362356 (b) the incentive will result in a substantial
363357 benefit to this state, and
364358 (c) payment of the incentive would be in
365359 accordance with the provisions of this
366360 subparagraph and laws enacted to implement
367361 provisions of this subparagraph.
368362 (2) The independent committee will be com posed of not
369363 less than seven (7) people appointed or otherwise
370364 determined pursuant to laws enacted by the
371365 Legislature providing for membership on the
372366 committee. The committee shall make
373367 recommendations to the Governor, the Speaker of
374368 the House of Represen tatives and the President
369+Pro Tempore of the Senate for the awarding of
370+incentives. Such recommendations shall give
371+priority to establishments which:
372+(a) are at greater risk of losing jobs because
373+the plant is no longer competitive or
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401-Pro Tempore of the Senate for the awarding of
402-incentives. Such recommendations shall give
403-priority to establishments which:
404-(a) are at greater risk of losing jobs because
405-the plant is no longer competitive or
406401 leaving the state an d thereby causing the
407402 loss of more employment in this state than
408403 other eligible recipients, and
409404 (b) provide the largest economic impact to the
410405 state.
411406 (3) For any fiscal year, the incentives shall not
412407 exceed ten percent (10%) of the amount invested
413408 by an establishment in capital assets to be
414409 utilized in this state. Incentives may only be
415410 paid pursuant to an investment contract between
416411 the establishment and a state agency designated
417412 by law, which provides for a specified amount of
418413 investment in a capital ass et to be made by the
419414 establishment over a period of not to exceed five
420415 (5) years. No incentive payment shall be made
421416 prior to the actual investment by the
422417 establishment. The contract shall make payment
423418 of any incentives in any fiscal year contingent
424419 on the balance at the beginning of such fiscal
420+year in the Constitutional Reserve Fund being
421+equal to or greater than Eighty Million Dollars
422+($80,000,000.00) and on the certification by the
423+State Board of Equalization for such fiscal year
424+of the amount availab le for appropriation from
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451-year in the Constitutional Reserve Fund being
452-equal to or greater than Eighty Million Dollars
453-($80,000,000.00) and on the certification by the
454-State Board of Equali zation for such fiscal year
455-of the amount available for appropriation from
456452 the General Revenue Fund being greater than the
457453 amount certified for the preceding fiscal year.
458454 Investment contracts authorized by this
459455 subparagraph shall provide that if any incentive
460456 payment is payable during a fiscal year in w hich
461457 either the balance at the beginning of the fiscal
462458 year in the Constitutional Reserve Fund is not
463459 equal to or greater than Eighty Million Dollars
464460 ($80,000,000.00) or when the certification by the
465461 State Board of Equalization for such fiscal year
466462 General Revenue Fund is less than that of the
467463 immediately prior fiscal year certification, then
468464 any incentive payments which would have been
469465 payable during such fiscal year shall be payable
470466 in the first fiscal year when funds are available
471467 pursuant to the provisi ons of division (1) of
472468 this subparagraph. In the event that the amount
473469 of incentives payable under investment contracts
474470 authorized by this subparagraph is greater than
471+the amounts available for payment under this
472+subparagraph in a fiscal year, then no new
473+contracts may be authorized during such year and
474+incentive payments which are made shall be
475+reduced pro rata as necessary to apply all
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501-the amounts available for payment unde r this
502-subparagraph in a fiscal year, then no new
503-contracts may be authorized during such year and
504-incentive payments which are made shall be
505-reduced pro rata as necessary to apply all
506503 available funds to incentive payments which are
507504 payable in such year.
508505 (4) The Legislature is authorized to enact laws
509506 necessary to implement the provisions of this
510507 section.
511508 7. Up to three-eighths (3/8) of the balance at the beginning of
512509 the current fiscal year in the Constitutional Reserve Fund may be
513510 appropriated for the current fiscal year if the State Board of
514511 Equalization determines that a revenue failure has occurred with
515512 respect to the General Revenue Fund of the State Treasury. In no
516513 event shall the amount of monies appropriated from the
517514 Constitutional Reserve Fund pursuant to this paragraph be in excess
518515 of the amount of the projected revenue failure in the General
519516 Revenue Fund, which total amount shall be computed by the State
520517 Board of Equalization, for the entire fiscal year. Monies
521518 appropriated to any state governmental entity from the
522519 Constitutional Reserve Fund pursuant to this paragraph may only be
523520 made in order to ensure that the monies actually received by the
524521 entity for the then current fiscal year are equal to or less than,
522+but not in excess of, the total appropriation amount for such entity
523+in effect at the beginning of the then current fiscal year.
524+8. Up to one-quarter (1/4) of the balance at the beginning of
525+the current fiscal year in the Constitutional Reserve Fund may be
526+appropriated, upon a declaration by the Governor that emergency
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551-but not in excess of, the total app ropriation amount for such entity
552-in effect at the beginning of the then current fiscal year.
553-8. Up to one-quarter (1/4) of the balance at the beginning of
554-the current fiscal year in the Constitutional Reserve Fund may be
555-appropriated, upon a declaration by the Governor that emergency
556554 conditions exist, with concurrence of the Legislature by a
557555 two-thirds (2/3) vote of the House of Representatives and Senate for
558556 the appropriation; or said one -quarter (1/4) could be appropriated
559557 upon a joint declaration of emergency conditions by the Speaker of
560558 the House of Representatives and the President Pro Tempore of the
561559 Senate, with a concurrence of a three -fourths (3/4) vote of the
562560 House of Representatives and Senate.
563561 9. That portion of every appropriation, at the end of each
564562 fiscal year, in excess of actual revenues collected and allocated
565563 thereto, as hereinafter provided, shall be null and void. Revenues
566564 deposited in the State Treasury to the credit of the General Revenue
567565 Fund or of any special fund (which derives its revenue in whole or
568566 in part from state taxes or fees) shall, except as to principal and
569567 interest on the public debt, be allocated monthly to each
570568 department, institution, board, commission or special appropriation
571569 on a percentage basis, in that ratio that the total appropriation
572570 for such department, in stitution, board, commission or special
573571 appropriation from each fund for that fiscal year bears to the total
574572 of all appropriations from each fund for that fiscal year, and no
573+warrant shall be issued in excess of said allocation. Any
574+department, institutio n or agency of the state operating on revenues
575+derived from any law or laws which allocate the revenues thereof to
576+such department, institution or agency shall not incur obligations
577+in excess of the unencumbered balance of cash on hand. Nothing in
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601-warrant shall be issued in exces s of said allocation. Any
602-department, institution or agency of the state operating on revenues
603-derived from any law or laws which allocate the revenues thereof to
604-such department, institution or agency shall not incur obligations
605-in excess of the unencumb ered balance of cash on hand. Nothing in
606605 this section shall prevent, under such conditions and limitations as
607606 shall be prescribed by law, the governing board of an institution of
608607 higher education within The Oklahoma State System of Higher
609608 Education from contracting with a president of such institution o f
610609 higher education for periods extending more than one (1) year, but
611610 not to exceed three (3) years beyond the fiscal year in which the
612611 contract is signed.
613612 10. The Legislature shall provide a method whereby
614613 appropriations shall be divided and set up on a m onthly, quarterly
615614 or semiannual basis within each fiscal year to prevent obligations
616615 being incurred in excess of the revenue to be collected, and
617616 notwithstanding other provisions of this Constitution, the
618617 Legislature shall provide that all appropriations s hall be reduced
619618 to bring them within revenues actually collected, but all such
620619 reductions shall apply to each department, institution, board,
621620 commission or special appropriation made by the State Legislature in
622621 the ratio that its total appropriation for th at fiscal year bears to
623622 the total of all appropriations from that fund for that fiscal year;
624623 provided, however, that the Governor shall have discretion to issue
624+deficiency certificates to the State Treasurer for the benefit of
625+any department, institution o r agency of the state, if the amount of
626+such deficiency certificates be within the limit of the current
627+appropriation for that department, institution or agency, whereupon
628+the State Treasurer shall issue warrants to the extent of such
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651-deficiency certificates to the State Treasurer for the benefit of
652-any department, institution or agency of the state, if the amount of
653-such deficiency certificates be within the limit of the current
654-appropriation for that department, institution or agency, whereupon
655-the State Treasurer shall issue war rants to the extent of such
656656 certificates for the payment of such claims as may be authorized by
657657 the Governor, and such warrants shall become a part of the public
658658 debt and shall be paid out of any money appropriated by the
659659 Legislature and made lawfully available therefor; provided further,
660660 that in no event shall said deficiency certificates exceed in the
661661 aggregate the sum of Five Hundred Thousand Dollars ($500,000.00) in
662662 any fiscal year.
663663 SECTION 2. The Ballot Title for the proposed Constitutional
664664 amendment as set forth in SECTION 1 of this resolution shall be in
665665 the following form:
666666 BALLOT TITLE
667667 Legislative Referendum No. ____ State Question No. ____
668668 THE GIST OF THE PROPOSITION IS AS FOLLOWS:
669669 This measure amends the Oklahoma Constitution. It amends
670670 Section 23 of Article 10. The Constitutio nal Reserve Fund is
671671 also known as the Rainy Day Fund. The Fund has a maximum
672672 allowed balance. This measure changes the way the maximum
673673 balance amount would be computed. Instead of using revenue
674674 estimates provided by the State Board of Equalization for t he
675+annual appropriations process, the maximum balance allowed for
676+the Rainy Day Fund would be based on a percentage of total state
677+expenditures. Total expenditures would include all appropriated
678+monies and federal funds. Total expenditures would exclude
679+money from revolving funds which are used by state agencies.
675680
676-ENGR. H. J. R. NO. 1001 Page 14 1
681+HJR1001 HFLR Page 14
682+BOLD FACE denotes Committee Amendments. 1
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700706
701-annual appropriations process, the maximum balance allowed for
702-the Rainy Day Fund would be based on a percentage of total state
703-expenditures. Total expenditures would include all appropriated
704-monies and federal funds. Total expenditures would exclude
705-money from revolving funds which are used by state agencies.
706707 Total expenditures would exclude fees or similar charges that
707708 were not derived from tax revenue. Total expenditures would
708709 exclude money obtained by issuing state government bonds.
709710 SHALL THE PROPOSAL BE APPROVED?
710711 FOR THE PROPOSAL — YES _____________
711712 AGAINST THE PROPOSAL — NO _____________
712713 SECTION 3. The Chief Clerk of the House of Representatives,
713714 immediately after the passage of this resolution, shall prepare and
714715 file one copy thereof, including the Ballot Title set forth in
715716 SECTION 2 hereof, with the Secretary of State and one copy with the
716717 Attorney General.
717-Passed the House of Representatives the 11th day of March, 2021.
718718
719-
720-
721-
722- Presiding Officer of the House
723- of Representatives
724-
725-
726-Passed the Senate the ___ day of __________, 2021.
727-
728-
729-
730-
731- Presiding Officer of the Senate
719+COMMITTEE REPORT BY: COMMITTEE ON RULES, dated 02/16/2021 - DO PASS,
720+As Coauthored.