Req. No. 8379 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF OKLAHOMA 2nd Session of the 58th Legislature (2022) HOUSE JOINT RESOLUTION 1052 By: O'Donnell AS INTRODUCED A Joint Resolution directing the Secretary of State to refer to the people for their approval or rejection a proposed amend ment to Section 3 of Article V and Section 1 of Article XXIV of the Constitution of the State of Oklahoma; requiring certain measures contain wording in ballot title related to fiscal impact ; authorizing procedures to be established pursuant to enabling le gislation; providing ballot title; and direct ing filing. BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES AND THE SENATE OF THE 2ND 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 3 of Article V and to Section 1 of Article XXIV of the Constitution of the State of Oklahoma to read as follows: Section 3. Referendum petitions shall be filed with the Secretary of State not more than ninety (90) days after the final adjournment of the session of the Legislature which passed the bill on which the referendum is demanded. The veto power of the Governor Req. No. 8379 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 shall not extend to measures voted on by the people. All electi ons on measures referred to the people of the state shall be had at the next election held throughout the state, except when the Legislature or the Governor shal l order a special election for the express purpose of making such reference. Any measure refer red to the people by the initiative or referendum shall take effect and be in force when it shall have been approved by a majority of the votes cast thereon and not otherwise. The style of all bills shall be: "Be it Enacted By the People of the State of Oklahoma." Petitions and orders for the initiative and for the referendum shall be filed with the Secretary of State and addressed to the Governor of the state, w ho shall submit the same to the people. The Legislature shall make suitable provisions for car rying into effect the provisions of this article. Any initiative petition filed with th e Secretary of State, including an initiative petition to amend the Oklaho ma Constitution, and any measure referred to the ballot pursuant to action by the Legislature, which is submitted to the ballot pursuant to the provisions of this section shall have incl uded in the ballot tit le a statement which describes the specific fisc al impact, whether positive, neutral, or negative, that the proposed amendment to statutes or to the Constitution would have as determined by the State Auditor and Inspector. T he Legislature shall enact laws to Req. No. 8379 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 prescribe the procedure pursuant to which the fiscal analysis is conducted and the method f or including the fiscal impact in the ballot title of the measure. Section 1. Any amendment or amendments to this Constitution may be proposed in either branch of the Legislature, and if the same shall be agreed to by a majority of all the members elected t o each of the two (2) houses, suc h proposed amendment or amendments shall, with the yeas and nays thereon, be entered in their journals and referred by the Secretary of State to the people for thei r approval or rejection, at the next regular general electi on, except when the Legislature, by a two-thirds (2/3) vote of each house, shall order a special election for that purpose. If a majority of all the electors voting on any proposed amendment at su ch election shall vote in favor thereof, it shall thereby b ecome a part of this Constitution. No proposal for the amendment or alteration of this Constitution which is submitted to the voters shall embrace more than one general subject and the voters shall vote separately for o r against each proposal submitted; pr ovided, however, that in the subm ission of proposals for the amendment of this Constitution by articles, which embrace one general subject, each proposed article shall be deemed a single proposal or proposition. Any proposal to amend the Constitution submi tted to the ballot pursuant to the provisions of this section shall have included in Req. No. 8379 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 the ballot title a statement which describes the specific fiscal impact, whether positive, neutral, or negative, that the amendment would have as determined by the State A uditor and Inspector. T he Legislature shall enact laws to prescribe the procedure pursuant to which the fiscal analysis is conducted and the method f or including the fiscal impact in the ballot title of the measure. 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 would amend the Oklahoma Constitution. It would amend Section 3 of Article 5 and it woul d also amend Section 1 of Article 24. This measure would require ballot titles to contain a statement of fiscal imp act. It would apply to ballot titles for measures being voted upon as a result of an initiative petition. The initiative petition could contain changes to the Oklahoma Statutes or it could contain changes to the Oklahoma Constitution. The fiscal impact statement would be required in both cases. The Legislature can refer measures to the people. Those measures can contain changes to the Okl ahoma Statutes or changes to the Oklahoma Co nstitution. The fiscal impact statement would be required for any of those measures Req. No. 8379 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 referred by the Legisla ture. The fiscal imp act statement would be prepared by the State Auditor and Inspector. The Legislatur e would be required to write procedures so that the fiscal impact statement was included in the ballot title for any of these measures. 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 B allot Title set forth in SECTION 2 hereof, with the Secretary of State and one cop y with the Attorney General. 58-2-8379 MAH 12/27/21