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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
HOUSE JOINT
RESOLUTION 1036 By: Echols
AS INTRODUCED
A Joint Resolution directing the Secretary of State
to refer to the people for their approval or
rejection a proposed amendm ent to Section 26 of
Article X of the Constitution of the State of
Oklahoma; allowing a school district to become
indebted for the purpose of acquiring or improving
the school sites or equipment of a charter school;
defining term; providing ballot title; a nd 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 amend ment 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 provided, no
county, city, town, township, sch ool 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,
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in any year, the income and revenue provided for such year without
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 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 or charter school has an absolute need
therefor, such the school 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 district or charter
school sites, constructing, repairing, remodeling or equipping
buildings of the school district or charter school , or acquiring
school district or charter school furniture, fixtures or equipment;
and such assent to such indebtedness shall be deemed to be a
sufficient showing of such absolute need, un less 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 -
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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 fr om 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 at 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 time 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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As used in this subsection, "charter school" shall mean a
charter school that:
(1) is formed and operated under the prov isions of the Oklahoma
Charter Schools Act;
(2) owns or occupies a physical building located within the
geographical boundaries of the school district incurring
indebtedness under this subsection;
(3) has at least fifty percent (50%) of students enrolled that
have a permanent residence within the geographical boundaries of the
school district incurring indebtedness under this subsection at any
time in the calendar year immediately preceding the year election
required under this subsection is held that consists of student
enrollment.
(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) B of Section 6 of this art icle, the percentage limitations on
indebtedness as specified in subsection (a) of this section for
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 of
this article.
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(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 Section 26 of Article 10 of the Oklahoma
Constitution. It allows a school district to become indebted,
after the approval of three-fifths (3/5) of the voters in an
election, for the purpose of acquiring or improving the school
sites or equipment of a char ter school. The charter school must
be physically located within the school district and fifty
percent (50%) of the charter school 's students must reside in
the school district.
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
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SECTION 2 hereof, with the Secretary of State and one copy with the
Attorney General.
58-1-6251 AMM 01/19/21