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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
HOUSE JOINT
RESOLUTION 1026 By: Moore
AS INTRODUCED
A Joint Resolution directing the Secretary of State
to refer to the people for their approval or
rejection a proposed amendmen t to Section 26 of
Article X of the Constitution of the State of
Oklahoma; modifying provisions related to debt
incurred by school districts; providing debt incurred
by school districts not subject to limit based upon
taxable valuation; deleting obsolete date reference;
providing ballot title; and directing filing.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES AND THE SENATE OF THE
1ST SESSION OF THE 58TH 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 26 of Article X of the
Constitution of the State of Oklahoma to read as follows:
Section 26. (a) Except as herein otherwise provide d, no
county, city, town, township, school district, or other political
corporation, or subdivision of the state, shall be allowed to become
indebted, in any manner, or for any purpose, to an amount exceeding,
in any year, the income and revenue provided f or such year without
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the assent of three-fifths of the voters thereof, voting at an
election, to be held for that purpose, nor, in cases requiring such
assent, shall any indebtedness , with the exception of indebtedness
incurred by a school district which s hall not be limited based upon
the valuation of taxable property, be allowed to be incurred to an
amount, including existing indebtedness, in the aggregate exceeding
five percent (5%) of the valuation of the taxable property therein,
to be ascertained from the last assessment for state and county
purposes previous to the incurring of such indebtedness : Provided,
that if a school district has an absolute need therefor, such
district may, with the assent of three -fifths of the voters thereof
voting at an election to be held for that purpose, incur
indebtedness to an amount, including existing indebtedness, in the
aggregate exceeding five percent (5%) but not exceeding ten percent
(10%) of the valuation of the taxable property therein, to be
ascertained from the last assessment for state and county purposes
previous to the incurring of such indebtedness, for the purpose of
acquiring or improving school sites, constructing, repairing,
remodeling or equipping buildings, or acquiring school furniture,
fixtures or equipment; and such assent to such indebtedness shall be
deemed to be a sufficient showing of such absolute need, unless
otherwise provided by law . Provided further, that if a city or town
has an absolute need therefor, such city or town may, with the
assent of three-fifths of the voters thereof voting at an election
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to be held for that purpose, incur indebtedness to an amount,
including existing indebtedness, in the aggregate exceeding five
percent (5%) but not exceeding ten percent (10%) of the valuation of
the taxable property therein, to be ascertained from the last
assessment for state and county purposes previous to the incurring
of such indebtedness, and such assent to such indebtedness shall be
deemed to be a sufficient showing of such absolute need unless
otherwise provided by law. Provided, further, that any county,
city, town, school district, or other political corporation, or
subdivision of the state, incurring any indebtedness requiring the
assent of the voters as aforesaid, shall, before or a t the time of
doing so, provide for the collection of an annual tax sufficient to
pay the interest on such indebtedness as it falls due, and also to
constitute a sinking fund for the payment of the principal thereof
within twenty-five (25) years from the t ime of contracting the same,
and provided further that nothing in this section shall prevent,
under such conditions and limitations as shall be prescribed by law,
any school district from contracting with:
(1) certificated personnel for periods extending one (1) year
beyond the current fiscal year; or
(2) a school superintendent for periods extending more than one
(1) year, but not to exceed three (3) years beyond the current
fiscal year.
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(b) If a county approves an exemption of household goods of the
heads of families and livestock employed in support of the family
from ad valorem taxation pursuant to the provisions of subsection
(b) of Section 6 of this article, the percentage limitations on
indebtedness as specified in subsection (a) of this section fo r
political subdivisions or political corporations located in any such
county shall be adjusted by multiplying the percentage levels
specified in subsection (a) of this section by the millage
adjustment factor as specified in subsection (b) of Section 8A o f
this article.
(c) If approved by the people, the amendment to this section
shall become effective January 1, 1993.
SECTION 2. The Ballot Title for the proposed Constitutional
amendment as set forth in SECTION 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 the Oklahoma Constitution. It amends
Section 26 of Article 10. This section limits the principal
amount of debt that can be incurred by the political
subdivisions of the state which includes counties, cities, towns
and school districts. This measure would remove the debt limit
for school districts. If approved, there would not be a limit
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on school district debt based on the taxable valuation of
property. The measure also removes an obsolete date reference.
SHALL THE PROPOSAL BE APPROVED?
FOR THE PROPOSAL — YES _____________
AGAINST THE PROPOSAL — NO _____________
SECTION 3. The Chief Clerk of the House of Representatives,
immediately after the passage of this resolution, shall 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
Attorney General.
58-1-6770 MAH 01/15/21