Oklahoma 2022 Regular Session

Oklahoma House Bill HJR1052 Compare Versions

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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
3137
3238 and
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3440 Quinn of the Senate
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45+AS INTRODUCED
3946
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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4861 BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES AND THE SENATE OF THE
4962 2ND SESSION OF THE 58TH OKLAHOMA LEGISLATURE:
5063 SECTION 1. The Secretary of State shall refer to the people for
5164 their approval or rejection, as and in the manner provided by law,
5265 the following proposed amendment to Section 3 of Article V and to
5366 Section 1 of Article XXIV of the Constitution of the State of
5467 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
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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
86100 on measures referred to the people of the state shall be had at the
87101 next election held throughout the state, except whe n the Legislature
88102 or the Governor shal l order a special election for the express
89103 purpose of making such reference. Any measure refer red to the
90104 people by the initiative or referendum shall take effect and be in
91105 force when it shall have been approved by a m ajority of the votes
92106 cast thereon and not otherwise.
93107 The style of all bills shall be: "Be it Enacted By the People
94108 of the State of Oklahoma."
95109 Petitions and orders for the initiative and for the referendum
96110 shall be filed with the Secretary of State and add ressed to the
97111 Governor of the state, w ho shall submit the same to the people. The
98112 Legislature shall make suitable provisions for car rying into effect
99113 the provisions of this article.
100114 Any initiative petition filed with th e Secretary of State,
101115 including an initiative petition to amend the Oklaho ma Constitution,
102116 and any measure referred to the ballot pursuant to action by the
103117 Legislature, which is submitted to the ballot pursuant to the
104118 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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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
136151 conducted and the method f or including the fiscal impact in the
137152 ballot title of the measure.
138153 Section 1. Any amendment or amendments to this Constitution may
139154 be proposed in either branch of the Leg islature, and if the same
140155 shall be agreed to by a majority of all the members elected t o each
141156 of the two (2) houses, suc h proposed amendment or amendments shall,
142157 with the yeas and nays thereon, be entered in their journals and
143158 referred by the Secretary of State to the people for thei r approval
144159 or rejection, at the next regular general electi on, except when the
145160 Legislature, by a two-thirds (2/3) vote of each house, shall order a
146161 special election for that purpose. If a majority of all the
147162 electors voting on any proposed amendment at su ch election shall
148163 vote in favor thereof, it shall thereby b ecome a part of this
149164 Constitution.
150165 No proposal for the amendment or alteration of this Constitution
151166 which is submitted to the voters shall embrace more than one general
152167 subject and the voters shall vote separately for o r against each
153168 proposal submitted; pr ovided, however, that in the subm ission of
154169 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
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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
186202 impact, whether positive, neutral, or negative, that the amendment
187203 would have as determined by the State A uditor and Inspector. T he
188204 Legislature shall enact laws to prescribe the procedure pursuant to
189205 which the fiscal analysis is conducted and the method f or including
190206 the fiscal impact in the ballot title of the measure.
191207 SECTION 2. The Ballot Title for the proposed Constitutional
192208 amendment as set forth in SECTION 1 of this resolution shall be in
193209 the following form:
194210 BALLOT TITLE
195211 Legislative Referendum No. ____ State Question No. ____
196212 THE GIST OF THE PROPOSITION IS AS FOLLOWS:
197213 This measure would amend the Oklahoma Constitution. It would
198214 amend Section 3 of Article 5 and it woul d also amend Section 1
199215 of Article 24. This measure would require ballot titles to
200216 contain a statement of fiscal imp act. It would apply to ballot
201217 titles for measures being voted upon as a result of an
202218 initiative petition. The initiative petition could contain
203219 changes to the Oklahoma Statutes or it could contain changes to
204220 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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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
236253 be prepared by the State Auditor and Inspector. The Legislatur e
237254 would be required to write procedures so that the fiscal impact
238255 statement was included in the ballot title for any of these
239256 measures.
240257 SHALL THE PROPOSAL BE APPROVED?
241258 FOR THE PROPOSAL — YES _____________
242259 AGAINST THE PROPOSAL — NO _____________
243260 SECTION 3. The Chief Clerk of the House of Representatives,
244261 immediately after the passage of this resolution, shall prepare and
245262 file one copy thereof, including the B allot Title set forth in
246263 SECTION 2 hereof, with the Secretary of State and one cop y with the
247264 Attorney General.
248-Passed the House of Representatives the 22nd day of March, 2022.
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252-
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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266+COMMITTEE REPORT BY: COMMITTEE ON RULES, dated 03/03/2022 - DO PASS,
267+As Coauthored.