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28	28	STATE OF OKLAHOMA
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30	30	1st Session of the 58th Legislature (2021)
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32	32	HOUSE JOINT
33	33	RESOLUTION 1036 By: Echols
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40	40	AS INTRODUCED
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42	42	A Joint Resolution directing the Secretary of State
43	43	to refer to the people for their approval or
44	44	rejection a proposed amendm ent to Section 26 of
45	45	Article X of the Constitution of the State of
46	46	Oklahoma; allowing a school district to become
47	47	indebted for the purpose of acquiring or improving
48	48	the school sites or equipment of a charter school;
49	49	defining term; providing ballot title; a nd directing
50	50	filing.
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56	56	BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES AND THE SENATE OF THE
57	57	1ST SESSION OF THE 58TH OKLAHOMA LEGISLATURE:
58	58	SECTION 1. The Secretary of State shall refer to the people for
59	59	their approval or rejection , as and in the manner provided by law,
60	60	the following proposed amend ment to Section 26 of Article X of the
61	61	Constitution of the State of Oklahoma to read as follows:
62	62	Section 26. (a) Except as herein otherwise provided, no
63	63	county, city, town, township, sch ool district, or other political
64	64	corporation, or subdivision of the state, shall be allowed to become
65	65	indebted, in any manner, or for any purpose, to an amount exceeding,
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92	92	in any year, the income and revenue provided for such year without
93	93	the assent of three-fifths of the voters thereof, voting at an
94	94	election, to be held for that purpose, nor, in cases requiring such
95	95	assent, shall any indebtedness be allowed to be incurred to an
96	96	amount, including existing indebtedness, in the aggregate exceeding
97	97	five percent (5%) of the valuation of the taxable property therein,
98	98	to be ascertained from the last assessment for state and county
99	99	purposes previous to the incurring of such indebtedness: Provided,
100	100	that if a school district or charter school has an absolute need
101	101	therefor, such the school district may, with the assent of three -
102	102	fifths of the voters thereof voting at an election to be held for
103	103	that purpose, incur indebtedness to an amount, including existing
104	104	indebtedness, in the aggregate exceeding five percent (5%) but not
105	105	exceeding ten percent (10%) of the valuation of the taxable property
106	106	therein, to be ascertained from the last assessment for state and
107	107	county purposes previous to the incurring of such indebtedness, for
108	108	the purpose of acquiring or improving school district or charter
109	109	school sites, constructing, repairing, remodeling or equipping
110	110	buildings of the school district or charter school , or acquiring
111	111	school district or charter school furniture, fixtures or equipment;
112	112	and such assent to such indebtedness shall be deemed to be a
113	113	sufficient showing of such absolute need, un less otherwise provided
114	114	by law. Provided further, that if a city or town has an absolute
115	115	need therefor, such city or town may, with the assent of three -
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142	142	fifths of the voters thereof voting at an election to be held for
143	143	that purpose, incur indebtedness to an amount, including existing
144	144	indebtedness, in the aggregate exceeding five percent (5%) but not
145	145	exceeding ten percent (10%) of the valuation of the taxable property
146	146	therein, to be ascertained fr om the last assessment for state and
147	147	county purposes previous to the incurring of such indebtedness, and
148	148	such assent to such indebtedness shall be deemed to be a sufficient
149	149	showing of such absolute need unless otherwise provided by law.
150	150	Provided, further, that any county, city, town, school district, or
151	151	other political corporation, or subdivision of the state, incurring
152	152	any indebtedness requiring the assent of the voters as aforesaid,
153	153	shall, before or at the time of doing so, provide for the collection
154	154	of an annual tax sufficient to pay the interest on such indebtedness
155	155	as it falls due, and also to constitute a sinking fund for the
156	156	payment of the principal thereof within twenty -five (25) years from
157	157	the time of contracting the same, and provided further that nothing
158	158	in this section shall prevent, under such conditions and limitations
159	159	as shall be prescribed by law, any school district from contracting
160	160	with:
161	161	(1) certificated personnel for periods extending one (1) year
162	162	beyond the current fiscal year; or
163	163	(2) a school superintendent for periods extending more than one
164	164	(1) year, but not to exceed three (3) years beyond the current
165	165	fiscal year.
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192	192	As used in this subsection, "charter school" shall mean a
193	193	charter school that:
194	194	(1) is formed and operated under the prov isions of the Oklahoma
195	195	Charter Schools Act;
196	196	(2) owns or occupies a physical building located within the
197	197	geographical boundaries of the school district incurring
198	198	indebtedness under this subsection;
199	199	(3) has at least fifty percent (50%) of students enrolled that
200	200	have a permanent residence within the geographical boundaries of the
201	201	school district incurring indebtedness under this subsection at any
202	202	time in the calendar year immediately preceding the year election
203	203	required under this subsection is held that consists of student
204	204	enrollment.
205	205	(b) If a county approves an exemption of household goods of the
206	206	heads of families and livestock employed in support of the family
207	207	from ad valorem taxation pursuant to the provisions of subsection
208	208	(b) B of Section 6 of this art icle, the percentage limitations on
209	209	indebtedness as specified in subsection (a) of this section for
210	210	political subdivisions or political corporations located in any such
211	211	county shall be adjusted by multiplying the percentage levels
212	212	specified in subsection ( a) of this section by the millage
213	213	adjustment factor as specified in subsection (b) of Section 8A of
214	214	this article.
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241	241	(c) If approved by the people, the amendment to this section
242	242	shall become effective January 1, 1993.
243	243	SECTION 2. The Ballot Title for the proposed Constitutional
244	244	amendment as set forth in SECTION 1 of this resolution shall be in
245	245	the following form:
246	246	BALLOT TITLE
247	247	Legislative Referendum No. ____ State Question No. ____
248	248	THE GIST OF THE PROPOSITION IS AS FOLLOWS:
249	249	This measure amends Section 26 of Article 10 of the Oklahoma
250	250	Constitution. It allows a school district to become indebted,
251	251	after the approval of three-fifths (3/5) of the voters in an
252	252	election, for the purpose of acquiring or improving the school
253	253	sites or equipment of a char ter school. The charter school must
254	254	be physically located within the school district and fifty
255	255	percent (50%) of the charter school 's students must reside in
256	256	the school district.
257	257	SHALL THE PROPOSAL BE APPROVED?
258	258	FOR THE PROPOSAL — YES _____________
259	259	AGAINST THE PROPOSAL — NO _____________
260	260	SECTION 3. The Chief Clerk of the House of Representatives,
261	261	immediately after the passage of this resolution, shall prepare and
262	262	file one copy thereof, including the Ballot Title set forth in
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289	289	SECTION 2 hereof, with the Secretary of State and one copy with the
290	290	Attorney General.
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292	292	58-1-6251 AMM 01/19/21

Oklahoma 2022 Regular Session

Oklahoma House Bill HJR1036 Compare Versions