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3 | - | ENGR. H. J. R. NO. 1052 Page 1 1 | |
3 | + | HJR1052 HFLR Page 1 | |
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28 | - | ENGROSSED HOUSE | |
29 | - | JOINT | |
30 | - | RESOLUTION NO. 1052 By: O'Donnell of the House | |
29 | + | HOUSE OF REPRESENTATIVES - FLOOR VERSION | |
30 | + | ||
31 | + | STATE OF OKLAHOMA | |
32 | + | ||
33 | + | 2nd Session of the 58th Legislature (2022) | |
34 | + | ||
35 | + | HOUSE JOINT | |
36 | + | RESOLUTION 1052 By: O'Donnell of the House | |
31 | 37 | ||
32 | 38 | and | |
33 | 39 | ||
34 | 40 | Quinn of the Senate | |
35 | 41 | ||
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38 | 44 | ||
45 | + | AS INTRODUCED | |
39 | 46 | ||
40 | - | [ amendment to Constitution of the State of Oklahoma | |
41 | - | - requiring certain measures contain wording in | |
42 | - | ballot title related to fiscal impact - ballot | |
43 | - | title – filing ] | |
47 | + | A Joint Resolution directing the Sec retary of State | |
48 | + | to refer to the people for their approval or | |
49 | + | rejection a proposed amend ment to Section 3 of | |
50 | + | Article V and Section 1 of Article XXIV of the | |
51 | + | Constitution of the State of Oklahoma; requiring | |
52 | + | certain measures contain wording in ballot title | |
53 | + | related to fiscal impact ; authorizing procedures to | |
54 | + | be established pursuant to enabling le gislation; | |
55 | + | providing ballot title; and direct ing filing. | |
56 | + | ||
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48 | 61 | BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES AND THE SENATE OF THE | |
49 | 62 | 2ND SESSION OF THE 58TH OKLAHOMA LEGISLATURE: | |
50 | 63 | SECTION 1. The Secretary of State shall refer to the people for | |
51 | 64 | their approval or rejection, as and in the manner provided by law, | |
52 | 65 | the following proposed amendment to Section 3 of Article V and to | |
53 | 66 | Section 1 of Article XXIV of the Constitution of the State of | |
54 | 67 | Oklahoma to read as follows: | |
55 | - | Section 3. Referendum petitions shall be filed with the | |
56 | - | Secretary of State not more than ninety (90) days after the final | |
57 | - | adjournment of the session of the Legislature which passed the bill | |
58 | - | on which the referendum is demanded. The veto power of the Governor | |
59 | - | shall not extend to measures voted on by the people. All electi ons | |
60 | 68 | ||
61 | - | ENGR. H. J. R. NO. 1052 Page 2 1 | |
69 | + | HJR1052 HFLR Page 2 | |
70 | + | BOLD FACE denotes Committee Amendments. 1 | |
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95 | + | Section 3. Referendum petitions shall be filed with the | |
96 | + | Secretary of State not more than ninety (90) days after the final | |
97 | + | adjournment of the session of the Legislature which passed the bill | |
98 | + | on which the referendum is demanded. The veto power of the Governor | |
99 | + | shall not extend to measures voted on by the people. All electi ons | |
86 | 100 | on measures referred to the people of the state shall be had at the | |
87 | 101 | next election held throughout the state, except whe n the Legislature | |
88 | 102 | or the Governor shal l order a special election for the express | |
89 | 103 | purpose of making such reference. Any measure refer red to the | |
90 | 104 | people by the initiative or referendum shall take effect and be in | |
91 | 105 | force when it shall have been approved by a m ajority of the votes | |
92 | 106 | cast thereon and not otherwise. | |
93 | 107 | The style of all bills shall be: "Be it Enacted By the People | |
94 | 108 | of the State of Oklahoma." | |
95 | 109 | Petitions and orders for the initiative and for the referendum | |
96 | 110 | shall be filed with the Secretary of State and add ressed to the | |
97 | 111 | Governor of the state, w ho shall submit the same to the people. The | |
98 | 112 | Legislature shall make suitable provisions for car rying into effect | |
99 | 113 | the provisions of this article. | |
100 | 114 | Any initiative petition filed with th e Secretary of State, | |
101 | 115 | including an initiative petition to amend the Oklaho ma Constitution, | |
102 | 116 | and any measure referred to the ballot pursuant to action by the | |
103 | 117 | Legislature, which is submitted to the ballot pursuant to the | |
104 | 118 | provisions of this section shall have incl uded in the ballot tit le a | |
105 | - | statement which describes the specific fisc al impact, whether | |
106 | - | positive, neutral, or negative, that the proposed amendment to | |
107 | - | statutes or to the Constitution would have as determined by the | |
108 | - | State Auditor and Inspector. T he Legislature shall enact laws to | |
109 | - | prescribe the procedure pursuant to which the fiscal analysis is | |
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111 | - | ENGR. H. J. R. NO. 1052 Page 3 1 | |
120 | + | HJR1052 HFLR Page 3 | |
121 | + | BOLD FACE denotes Committee Amendments. 1 | |
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146 | + | statement which describes the specific fisc al impact, whether | |
147 | + | positive, neutral, or negative, that the proposed amendment to | |
148 | + | statutes or to the Constitution would have as determined by the | |
149 | + | State Auditor and Inspector. T he Legislature shall enact laws to | |
150 | + | prescribe the procedure pursuant to which the fiscal analysis is | |
136 | 151 | conducted and the method f or including the fiscal impact in the | |
137 | 152 | ballot title of the measure. | |
138 | 153 | Section 1. Any amendment or amendments to this Constitution may | |
139 | 154 | be proposed in either branch of the Leg islature, and if the same | |
140 | 155 | shall be agreed to by a majority of all the members elected t o each | |
141 | 156 | of the two (2) houses, suc h proposed amendment or amendments shall, | |
142 | 157 | with the yeas and nays thereon, be entered in their journals and | |
143 | 158 | referred by the Secretary of State to the people for thei r approval | |
144 | 159 | or rejection, at the next regular general electi on, except when the | |
145 | 160 | Legislature, by a two-thirds (2/3) vote of each house, shall order a | |
146 | 161 | special election for that purpose. If a majority of all the | |
147 | 162 | electors voting on any proposed amendment at su ch election shall | |
148 | 163 | vote in favor thereof, it shall thereby b ecome a part of this | |
149 | 164 | Constitution. | |
150 | 165 | No proposal for the amendment or alteration of this Constitution | |
151 | 166 | which is submitted to the voters shall embrace more than one general | |
152 | 167 | subject and the voters shall vote separately for o r against each | |
153 | 168 | proposal submitted; pr ovided, however, that in the subm ission of | |
154 | 169 | proposals for the amendment of this Constitution by articles, which | |
155 | - | embrace one general subject, each proposed article shall b e deemed a | |
156 | - | single proposal or proposition. | |
157 | - | Any proposal to amend the Constitution submi tted to the ballot | |
158 | - | pursuant to the provisions of this section shall have included in | |
159 | - | the ballot title a statement which describes the specific fiscal | |
160 | 170 | ||
161 | - | ENGR. H. J. R. NO. 1052 Page 4 1 | |
171 | + | HJR1052 HFLR Page 4 | |
172 | + | BOLD FACE denotes Committee Amendments. 1 | |
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197 | + | embrace one general subject, each proposed article shall b e deemed a | |
198 | + | single proposal or proposition. | |
199 | + | Any proposal to amend the Constitution submi tted to the ballot | |
200 | + | pursuant to the provisions of this section shall have included in | |
201 | + | the ballot title a statement which describes the specific fiscal | |
186 | 202 | impact, whether positive, neutral, or negative, that the amendment | |
187 | 203 | would have as determined by the State A uditor and Inspector. T he | |
188 | 204 | Legislature shall enact laws to prescribe the procedure pursuant to | |
189 | 205 | which the fiscal analysis is conducted and the method f or including | |
190 | 206 | the fiscal impact in the ballot title of the measure. | |
191 | 207 | SECTION 2. The Ballot Title for the proposed Constitutional | |
192 | 208 | amendment as set forth in SECTION 1 of this resolution shall be in | |
193 | 209 | the following form: | |
194 | 210 | BALLOT TITLE | |
195 | 211 | Legislative Referendum No. ____ State Question No. ____ | |
196 | 212 | THE GIST OF THE PROPOSITION IS AS FOLLOWS: | |
197 | 213 | This measure would amend the Oklahoma Constitution. It would | |
198 | 214 | amend Section 3 of Article 5 and it woul d also amend Section 1 | |
199 | 215 | of Article 24. This measure would require ballot titles to | |
200 | 216 | contain a statement of fiscal imp act. It would apply to ballot | |
201 | 217 | titles for measures being voted upon as a result of an | |
202 | 218 | initiative petition. The initiative petition could contain | |
203 | 219 | changes to the Oklahoma Statutes or it could contain changes to | |
204 | 220 | the Oklahoma Constitution. The fiscal impact statement would be | |
205 | - | required in both cases. The Legislature can refer measures to | |
206 | - | the people. Those measures can contain changes to the Okl ahoma | |
207 | - | Statutes or changes to the Oklahoma Co nstitution. The fiscal | |
208 | - | impact statement would be required for any of those measures | |
209 | - | referred by the Legisla ture. The fiscal imp act statement would | |
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211 | - | ENGR. H. J. R. NO. 1052 Page 5 1 | |
222 | + | HJR1052 HFLR Page 5 | |
223 | + | BOLD FACE denotes Committee Amendments. 1 | |
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248 | + | required in both cases. The Legislature can refer measures to | |
249 | + | the people. Those measures can contain changes to the Okl ahoma | |
250 | + | Statutes or changes to the Oklahoma Co nstitution. The fiscal | |
251 | + | impact statement would be required for any of those measures | |
252 | + | referred by the Legisla ture. The fiscal imp act statement would | |
236 | 253 | be prepared by the State Auditor and Inspector. The Legislatur e | |
237 | 254 | would be required to write procedures so that the fiscal impact | |
238 | 255 | statement was included in the ballot title for any of these | |
239 | 256 | measures. | |
240 | 257 | SHALL THE PROPOSAL BE APPROVED? | |
241 | 258 | FOR THE PROPOSAL — YES _____________ | |
242 | 259 | AGAINST THE PROPOSAL — NO _____________ | |
243 | 260 | SECTION 3. The Chief Clerk of the House of Representatives, | |
244 | 261 | immediately after the passage of this resolution, shall prepare and | |
245 | 262 | file one copy thereof, including the B allot Title set forth in | |
246 | 263 | SECTION 2 hereof, with the Secretary of State and one cop y with the | |
247 | 264 | Attorney General. | |
248 | - | Passed the House of Representatives the 22nd day of March, 2022. | |
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253 | - | Presiding Officer of the House | |
254 | - | of Representatives | |
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257 | - | Passed the Senate the ___ day of __________, 2022. | |
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262 | - | Presiding Officer of the Senate | |
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264 | - | ||
266 | + | COMMITTEE REPORT BY: COMMITTEE ON RULES, dated 03/03/2022 - DO PASS, | |
267 | + | As Coauthored. |