OK
Oklahoma Senate Bill SB947

Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB947 Compare Versions

OldNewDifferences
11
22
3+SB947 HFLR Page 1
4+BOLD FACE denotes Committee Amendments. 1
5+2
6+3
7+4
8+5
9+6
10+7
11+8
12+9
13+10
14+11
15+12
16+13
17+14
18+15
19+16
20+17
21+18
22+19
23+20
24+21
25+22
26+23
27+24
328
4-An Act
5-ENROLLED SENATE
29+HOUSE OF REPRESENTATIVES - FLOOR VERSION
30+
31+STATE OF OKLAHOMA
32+
33+1st Session of the 58th Legislature (2021)
34+
35+ENGROSSED SENATE
636 BILL NO. 947 By: Rosino and Bullard of the
737 Senate
838
939 and
1040
11- West (Tammy), West (Josh),
12-Boles, Stark and Roberts
13-(Eric) of the House
41+ West (Tammy) and West
42+(Josh) of the House
43+
1444
1545
1646
1747 An Act relating to initiative and referendum;
1848 amending 34 O.S. 2011, Section 9, as last amended by
1949 Section 1, Chapter 281, O.S.L. 2018 (34 O.S. Supp.
2050 2020, Section 9), which relates to ballot titles;
2151 allowing additional number of words in ballot title
2252 under certain circumstances; re quiring ballot title
2353 to contain notice of fiscal impact; and providing an
2454 effective date.
2555
2656
2757
2858
29-SUBJECT: Initiative and referendum
30-
3159 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
32-
3360 SECTION 1. AMENDATORY 34 O.S. 2011, Section 9, as last
3461 amended by Section 1, Chapt er 281, O.S.L. 2018 (34 O.S. Supp. 2020,
3562 Section 9), is amended to read as follows:
36-
3763 Section 9. A. When a referendum is ordered by petition of the
3864 people against any measure passed by the Legislature or when any
3965 measure is proposed by initiative petition, whether as an amendment
4066 to the Constitution or as a statute, it shall be the duty of the
4167 parties submitting the measure to prepare and file one copy of the
68+
69+SB947 HFLR Page 2
70+BOLD FACE denotes Committee Amendments. 1
71+2
72+3
73+4
74+5
75+6
76+7
77+8
78+9
79+10
80+11
81+12
82+13
83+14
84+15
85+16
86+17
87+18
88+19
89+20
90+21
91+22
92+23
93+24
94+
4295 measure with the Secretary of State and one copy with the Attorney
4396 General.
44-
4597 B. The parties submitt ing the measure shall also submit a
4698 suggested ballot title to the Secretary of State which shall be
47-
48-ENR. S. B. NO. 947 Page 2
4999 filed on a separate sheet of paper and shall not be part of or
50100 printed on the petition. The suggested ballot title:
51-
52101 1. Shall not exceed two hundred words , or three hundred words
53102 if the proposed measure will have a fiscal impact on the state ;
54-
55103 2. Shall explain in basic words, which can be easily found in
56104 dictionaries of general usage, the effect of the proposition;
57-
58105 3. Shall not contain any words which have a special meaning for
59106 a particular profession or trade not commonly known to the citizens
60107 of this state;
61-
62108 4. Shall not reflect partiality in its composition or contain
63109 any argument for or against the measure;
64-
65110 5. Shall contain language which clearly states that a “yes”
66111 vote is a vote in favor of the proposition and a “no” vote is a vote
67112 against the proposition; and
68-
69113 6. Shall not contain language whereby a “yes” vote is, in fact,
70114 a vote against the proposition and a “no” vote is, in fact, a vote
71115 in favor of the proposition; and
72-
73116 7. Shall indicate if a proposed measure will have a fiscal
74117 impact on the state and if so, the potential source of funding
75118 including but not limited to federal funding or legislative
119+
120+SB947 HFLR Page 3
121+BOLD FACE denotes Committee Amendments. 1
122+2
123+3
124+4
125+5
126+6
127+7
128+8
129+9
130+10
131+11
132+12
133+13
134+14
135+15
136+16
137+17
138+18
139+19
140+20
141+21
142+22
143+23
144+24
145+
76146 appropriation which may require imposition of a new tax, increase of
77147 an existing tax or elimination of existing services .
78-
79148 C. When a measure is proposed as a constitutional amendment by
80149 the Legislature or when the Legislature proposes a statute
81150 conditioned upon approval by the people:
82-
83151 1. After final passag e of a measure, the Secretary of State
84152 shall submit the proposed ballot title to the Attorney General for
85153 review as to legal correctness. Within five (5) business days after
86154 receipt from the Secretary of State, the Attorney General shall, in
87155 writing, notify the Secretary of State, the President Pro Tempore of
88156 the Senate, the Speaker of the House of Representatives and the
89157 principal authors of the bill whether or not the proposed ballot
90158 title complies with applicable laws. The Attorney General shall
91-
92-ENR. S. B. NO. 947 Page 3
93159 state with specificity any and all defects found and, if necessary,
94160 within ten (10) business days of determining that the proposed
95161 ballot title is defective, prepare a preliminary ballot title which
96162 complies with the law and furnish a copy of such ballot title t o the
97163 Secretary of State, the President Pro Tempore of the Senate, the
98164 Speaker of the House of Representatives and the principal authors of
99165 the bill. The Attorney General may consider any comments made by
100166 the President Pro Tempore of the Senate or the Spe aker of the House
101167 of Representatives submitted within five (5) business days of their
102168 being furnished a copy of the preliminary ballot title. The
103169 Attorney General shall respond in writing to the comments and shall
170+
171+SB947 HFLR Page 4
172+BOLD FACE denotes Committee Amendments. 1
173+2
174+3
175+4
176+5
177+6
178+7
179+8
180+9
181+10
182+11
183+12
184+13
185+14
186+15
187+16
188+17
189+18
190+19
191+20
192+21
193+22
194+23
195+24
196+
104197 file a final ballot title with the Secret ary of State no later than
105198 fifteen (15) business days after furnishing the preliminary ballot
106199 title; and
107-
108200 2. After receipt of the measure and the official ballot title,
109201 as certified by the Attorney General, the Secretary of State shall
110202 within five (5) days transmit to the Secretary of the State Election
111203 Board an attested copy of the measure, including the official ballot
112204 title.
113-
114205 D. The following procedure shall apply to ballot titles of
115206 referendums ordered by a petition of the people or any measure
116207 proposed by an initiative petition:
117-
118208 1. After the filing of the signed referendum petitions or the
119209 signed initiative petitions, the Secretary of State shall submit the
120210 proposed separate ballot title to the Attorney General for review as
121211 to legal correctness. With in five (5) business days after the
122212 receipt of the ballot title, the Attorney General shall, in writing,
123213 notify the Secretary of State whether or not the proposed ballot
124214 title complies with applicable laws. The Attorney General shall
125215 state with specificit y any and all defects found and, if necessary,
126216 within ten (10) business days of determining that the proposed
127217 ballot title is defective, prepare and file a ballot title which
128218 complies with the law; and
129-
130219 2. Within ten (10) business days after completion of the review
131220 and, if necessary, the filing of a ballot title in compliance with
221+
222+SB947 HFLR Page 5
223+BOLD FACE denotes Committee Amendments. 1
224+2
225+3
226+4
227+5
228+6
229+7
230+8
231+9
232+10
233+11
234+12
235+13
236+14
237+15
238+16
239+17
240+18
241+19
242+20
243+21
244+22
245+23
246+24
247+
132248 law, by the Attorney General, the Secretary of State shall, if no
133249 appeal is filed, transmit to the Secretary of the State Election
134250 Board an attested copy of the measure, includin g the official ballot
135-
136-ENR. S. B. NO. 947 Page 4
137251 title, and a certification that the requirements of this section
138252 have been met. If an appeal is taken from such ballot title within
139253 the time specified in Section 10 of this title, then the Secretary
140254 of State shall certify to the Secr etary of the State Election Board
141255 the ballot title which is finally approved by the Supreme Court.
142-
143256 SECTION 2. This act shall become effective November 1, 2021.
144257
145-
146-ENR. S. B. NO. 947 Page 5
147-Passed the Senate the 8th day of March, 2021.
148-
149-
150-
151- Presiding Officer of the Senate
152-
153-
154-Passed the House of Representatives the 20th day of April, 2021.
155-
156-
157-
158- Presiding Officer of the House
159- of Representatives
160-
161-OFFICE OF THE GOVERNOR
162-Received by the Office of the Governor this _______ _____________
163-day of _________________ __, 20_______, at _______ o'clock ____ ___ M.
164-By: _______________________________ __
165-Approved by the Governor of the State of Oklahoma this _____ ____
166-day of _________________ __, 20_______, at _______ o'clock _______ M.
167-
168- _________________________________
169- Governor of the State of Oklahoma
170-
171-
172-OFFICE OF THE SECRETARY OF STATE
173-Received by the Office of the Secretary of State this _______ ___
174-day of __________________, 20 _______, at _______ o'clock _______ M.
175-By: _______________________________ __
258+COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS AND BUDGET, dated
259+03/25/2021 - DO PASS, As Coauthored.