Oklahoma 2022 Regular Session

Oklahoma Senate Bill SJR34 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	ENGR. S. J. R. NO. 34 Page 1 1
	3	+	SENATE FLOOR VERSION – SJR34 SFLR Page 1
	4	+	(Bold face denotes Committee Amendments) 1
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28		-	ENGROSSED SENATE
29		-	JOINT
	29	+	SENATE FLOOR VERSION
	30	+	March 2, 2022
	31	+	AS AMENDED
	32	+
	33	+	SENATE JOINT
30	34		RESOLUTION NO. 34 By: Jech of the Senate
31	35
32	36		and
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34	38		Newton of the House
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38	43		[ proposed amendment - maximum amount deposited into
39	44		Constitutional Reserve Fund - ballot title - filing ]
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44	49		BE IT RESOLVED BY THE SENATE AND THE HOUSE OF RE PRESENTATIVES OF THE
45	50		2ND SESSION OF THE 58TH OKLAHOMA LEGISLATURE:
46	51		SECTION 1. The Secretary of State shall refer to the people for
47	52		their approval or rejection, as and in the manner provided by law,
48	53		the following proposed amendment to Secti on 23 of Article X of the
49	54		Oklahoma Constitution to read as follo ws:
50	55		Section 23. The state shall never create or authorize the
51	56		creation of any debt or obligation, or fund or pay any defi cit,
52	57		against the state, or any department, institution or agency thereof,
53	58		regardless of its form or the source of money from which it is to be
54	59		paid, except as may be provided in this section and in Sections 24
55	60		and 25 of Article X of the Constitution of the State of Oklahoma.
56		-	To ensure a balanced annual budg et, pursuant to the limitations
57		-	contained in the foregoing, procedures are herewi th established as
58		-	follows:
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60		-	ENGR. S. J. R. NO. 34 Page 2 1
	62	+	SENATE FLOOR VERSION – SJR34 SFLR Page 2
	63	+	(Bold face denotes Committee Amendments) 1
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	88	+	To ensure a balanced annual budget, pursuant to the limitations
	89	+	contained in the foregoing, procedures are herewi th established as
	90	+	follows:
85	91		1. Not more than forty -five (45) days or less than thirty -five
86	92		(35) days prior to the convening of each regular session of the
87	93		Legislature, the State Board of Equalization shall certify t he total
88	94		amount of revenue which accrued during the last preceding fiscal
89	95		year to the General Revenue Fund and to each Special Revenue Fund
90	96		appropriated directly by the Legislature, and shall further certify
91	97		amounts available for appropriation which shall be based on a
92	98		determination, in accordanc e with the procedure hereinafter
93	99		provided, of the revenues to be received by the state under the laws
94	100		in effect at the time such determination is made, for the next
95	101		ensuing fiscal year, showing separately the revenu es to accrue to
96	102		the credit of each such f und of the state appropriated directly by
97	103		the Legislature.
98	104		Amounts certified as available for appropriation from each fund,
99	105		as hereinbefore provided, shall be ninety-five percent (95%) of an
100	106		itemized estimate made b y the State Board of Equalization, which
101	107		shall include all sources of revenue to each fund for the next
102	108		ensuing fiscal year; provided, however, appropriated federal funds
103	109		shall be certified for the full amount of the estimate. Said
104	110		estimate shall consider any increase or decline in revenues that
105	111		would result from predictable changes in the economy.
106		-	Legislative appropriations for any fiscal year, except for
107		-	special appropriations provided for in paragraph 6, 7 or 8 sh all be
108		-	limited to a sum not to exceed th e total amount appropriated from
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110		-	ENGR. S. J. R. NO. 34 Page 3 1
	113	+	SENATE FLOOR VERSION – SJR34 SFLR Page 3
	114	+	(Bold face denotes Committee Amendments) 1
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	139	+	Legislative appropriations for any fiscal year, except for
	140	+	special appropriations provided for in paragraph 6, 7 or 8 shall be
	141	+	limited to a sum not to exceed th e total amount appropriated from
135	142		all funds in the preceding fiscal year, plus twelve percent (12%),
136	143		adjusted for inflation for the previous calendar year. Said lim it
137	144		shall be adjusted for funds not previously appropriated. The limit
138	145		on the growth of appr opriations shall be certified to by the S tate
139	146		Board of Equalization.
140	147		2. Such certification shall be filed with the Governor, the
141	148		President and President Pro Tempor e of the Senate, and the Speaker
142	149		of the House of Representatives. The Legislature shall not pass or
143	150		enact any bill, act or measure m aking an appropriation of money for
144	151		any purpose until such certification is made and filed, unless the
145	152		State Board of Equal ization has failed to file said certification at
146	153		the time of convening of said Legislature. In such event, it shall
147	154		be the duty of the Legislature to make such certification pursuant
148	155		to the provisions of this section. All appropriations made in
149	156		excess of such certification shall be null and void; provided,
150	157		however, that the Legislature may at a ny regular session or special
151	158		session, called for that purpose, enact laws to provide for
152	159		additional revenues or a reduction in revenues, other than ad
153	160		valorem taxes, or transferring the existing revenues or
154	161		unappropriated cash on hand from one fund to ano ther, or making
155	162		provisions for appropriat ing funds not previously appropriated
156		-	directly by the Legislature. Whereupon, it shall be the duty of the
157		-	State Board of Equalization to make a determination of the revenues
158		-	that will accrue under such laws and nin ety-five percent (95%) of
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160		-	ENGR. S. J. R. NO. 34 Page 4 1
	164	+	SENATE FLOOR VERSION – SJR34 SFLR Page 4
	165	+	(Bold face denotes Committee Amendments) 1
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	190	+	directly by the Legislature. Whereupon, it shall be the duty of the
	191	+	State Board of Equalization to make a determination of the revenues
	192	+	that will accrue under such laws and nin ety-five percent (95%) of
185	193		the amount of any increase or decrease resulting, for any reason,
186	194		from such changes in laws shall be added to or deducted from the
187	195		amount previously certified available for appropriation from each
188	196		respective fund, as the case may be. The State Board of
189	197		Equalization shall file the amount of such adjusted certification,
190	198		or additional certification for funds not previously appropriated
191	199		directly by the Legislature, with the Governor, with the President
192	200		and President Pro Tempore of the Senate, and the Speaker of the
193	201		House of Representatives, and such adjusted amount shall be the
194	202		maximum amount which can be appropriated for all purposes from any
195	203		such fund for the fiscal year being certified.
196	204		3. The State Board of Equalization shall meet within five (5)
197	205		days after the monthly a pportionment in February of each year, and
198	206		at that time may adjust the certification, based upon the most
199	207		current information available, and determine the amount of funds
200	208		available for appropriation for that legisla tive session. At said
201	209		meeting the Board shall determine the limit on the growth of
202	210		appropriations as provided for in this section.
203	211		4. Surplus funds or monies shal l be any amount accruing to the
204	212		General Revenue Fund of the State of Oklahoma over and above the
205	213		itemized estimate made by the State Board of Equalization.
206		-	5. All such surplus funds or monies shall be placed in a
207		-	Constitutional Reserve Fund by the State T reasurer until such time
208		-	that the amount of said Fun d equals fifteen percent (15%) twenty-
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210		-	ENGR. S. J. R. NO. 34 Page 5 1
	215	+	SENATE FLOOR VERSION – SJR34 SFLR Page 5
	216	+	(Bold face denotes Committee Amendments) 1
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	241	+	5. All such surplus funds or monies shall be placed in a
	242	+	Constitutional Reserve Fund by the State T reasurer until such time
	243	+	that the amount of said Fund equals fifteen percent (15%) twenty-
235	244		five percent (25%) of the General Revenue F und certification for the
236	245		preceding fiscal year. Appropriations made from said Fund shall be
237	246		considered special appropriat ions.
238	247		6. a. Up to three-eighths (3/8) of the balance at the
239	248		beginning of the current fiscal year in the
240	249		Constitutional Reserve Fund m ay be appropriated for
241	250		the forthcoming fiscal year, when the certification by
242	251		the State Board of Equalization for said fort hcoming
243	252		fiscal year General Revenue Fund is less than that of
244	253		the current fiscal year certif ication. In no event
245	254		shall the amount of monies appropriated from the
246	255		Constitutional Reserve Fund be in excess of the
247	256		difference between the two said certification s.
248	257		b. (1) In years when the provisions of subparagraph a of
249	258		this paragraph are not applicabl e and the balance
250	259		at the beginning of the current fiscal year in
251	260		the Constitutional Reserve Fund is equal to or
252	261		greater than Eighty Million Dollars
253	262		($80,000,000.00), up to Ten Million Dollars
254	263		($10,000,000.00) may be expended for the purpose
255	264		of providing incentives to support retention of
256		-	at-risk manufacturing establishments in this
257		-	state in order to retain employment for residents
258		-	of this state. Such incentives shal l be paid by
259	265
260		-	ENGR. S. J. R. NO. 34 Page 6 1
	266	+	SENATE FLOOR VERSION – SJR34 SFLR Page 6
	267	+	(Bold face denotes Committee Amendments) 1
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	292	+	at-risk manufacturing establishments in this
	293	+	state in order to retain employment for residents
	294	+	of this state. Such incentives shal l be paid by
285	295		the Oklahoma Tax Commission upon a unanimous
286	296		finding by the Governor, the Speak er of the House
287	297		of Representatives and th e President Pro Tempore
288	298		of the Senate that:
289	299		(a) such incentives have been recommended by an
290	300		independent committee created b y the
291	301		Legislature for such purposes as provided
292	302		herein pursuant to criteria set out by law,
293	303		(b) the incentive will result in a substa ntial
294	304		benefit to this state, and
295	305		(c) payment of the incentive would be in
296	306		accordance with the provisions of this
297	307		subparagraph and laws enacted to implement
298	308		provisions of this subparagraph.
299	309		(2) The independent commit tee will be composed of not
300	310		less than seven (7) people appointed or otherwise
301	311		determined pursuant to laws enacted by the
302	312		Legislature providing for membership on the
303	313		committee. The committee shall make
304	314		recommendations to the Governor, the Speaker of
305	315		the House of Representatives and the President
306		-	Pro Tempore of the Senate for the awarding of
307		-	incentives. Such recommendations shall give
308		-	priority to establishments which :
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310		-	ENGR. S. J. R. NO. 34 Page 7 1
	317	+	SENATE FLOOR VERSION – SJR34 SFLR Page 7
	318	+	(Bold face denotes Committee Amendments) 1
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	343	+	Pro Tempore of the Senate for the awarding of
	344	+	incentives. Such recommendations shall give
	345	+	priority to establishments which :
335	346		(a) are at greater risk of losing jobs because
336	347		the plant is no longer competitive or
337	348		leaving the state and thereby causing the
338	349		loss of more employment in this state than
339	350		other eligible recipients, and
340	351		(b) provide the largest economic impact to the
341	352		state.
342	353		(3) For any fiscal year, the incentives shall not
343	354		exceed ten percent (10%) of the amount in vested
344	355		by an establishment in capital ass ets to be
345	356		utilized in this state. Incentives may only be
346	357		paid pursuant to an investment contract between
347	358		the establishment and a state agency designated
348	359		by law, which provides for a specified amount of
349	360		investment in a capital asset to be made by the
350	361		establishment over a period of not to exceed five
351	362		(5) years. No incentive payment shall be made
352	363		prior to the actual investment by the
353	364		establishment. The contract shall make payment
354	365		of any incentives in any fiscal year contingent
355	366		on the balance at the beginnin g of such fiscal
356		-	year in the Constitutional Reserve Fund being
357		-	equal to or greater than Eighty Million Dollars
358		-	($80,000,000.00) and on the certification by the
359	367
360		-	ENGR. S. J. R. NO. 34 Page 8 1
	368	+	SENATE FLOOR VERSION – SJR34 SFLR Page 8
	369	+	(Bold face denotes Committee Amendments) 1
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	394	+	year in the Constitutional Reserve Fund being
	395	+	equal to or greater than Eighty Million Dollars
	396	+	($80,000,000.00) and on the certification by the
385	397		State Board of Equalization for such fiscal year
386	398		of the amount available for appropriation from
387	399		the General Revenue Fund being greater than the
388	400		amount certified for the preceding fiscal year.
389	401		Investment contracts autho rized by this
390	402		subparagraph shall provide that if any incentive
391	403		payment is payable during a f iscal year in which
392	404		either the balance at the beginning of the fiscal
393	405		year in the Constitutional Reserve Fund is not
394	406		equal to or greater than Eighty Million Dollars
395	407		($80,000,000.00) or when the certification by the
396	408		State Board of Equalization for such fisc al year
397	409		General Revenue Fund is less than that of the
398	410		immediately prior fiscal year certification, then
399	411		any incentive payments which would have been
400	412		payable during such fiscal year shall be payable
401	413		in the first fiscal year when funds are available
402	414		pursuant to the provisions of division (1) of
403	415		this subparagraph. In the event that the amount
404	416		of incentives payable under investment contracts
405	417		authorized by this subparagr aph is greater than
406		-	the amounts available for paymen t under this
407		-	subparagraph in a fiscal ye ar, then no new
408		-	contracts may be authoriz ed during such year and
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410		-	ENGR. S. J. R. NO. 34 Page 9 1
	419	+	SENATE FLOOR VERSION – SJR34 SFLR Page 9
	420	+	(Bold face denotes Committee Amendments) 1
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	445	+	the amounts available for payment under this
	446	+	subparagraph in a fiscal ye ar, then no new
	447	+	contracts may be authoriz ed during such year and
435	448		incentive payments which are made shall be
436	449		reduced pro rata as necessary to apply all
437	450		available funds to incentive payments which are
438	451		payable in such year.
439	452		(4) The Legislature is authorized t o enact laws
440	453		necessary to implement the p rovisions of this
441	454		section.
442	455		7. Up to three-eighths (3/8) of the balance at the beginning of
443	456		the current fiscal year in the Constitutional Reserve Fund may be
444	457		appropriated for the current fiscal year if the State Boa rd of
445	458		Equalization determines that a reve nue failure has occurred with
446	459		respect to the General Revenue Fund of the State Treasury. In no
447	460		event shall the amount of m onies appropriated from the
448	461		Constitutional Reserve Fund pursuant to this paragraph be in exc ess
449	462		of the amount of the projected revenu e failure in the General
450	463		Revenue Fund, which total amount shall be computed by the State
451	464		Board of Equalization, for the ent ire fiscal year. Monies
452	465		appropriated to any state governmental entity from the
453	466		Constitutional Reserve Fund pursuant to this paragrap h may only be
454	467		made in order to ensure that the monies actually received by the
455	468		entity for the then current fiscal year are equal to or less than,
456		-	but not in excess of, the tot al appropriation amount for such entity
457		-	in effect at the beginning of the then cu rrent fiscal year.
458	469
459		-	ENGR. S. J. R. NO. 34 Page 10 1
	470	+	SENATE FLOOR VERSION – SJR34 SFLR Page 10
	471	+	(Bold face denotes Committee Amendments) 1
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	496	+	but not in excess of, the total appropriation amount for such entity
	497	+	in effect at the beginning of the then cu rrent fiscal year.
484	498		8. Up to one-quarter (1/4) of the balance at the beginning of
485	499		the current fiscal year in the Constituti onal Reserve Fund may be
486	500		appropriated, upon a declaration by the Governor that emergency
487	501		conditions exist, with concurrence of the Le gislature by a two-
488	502		thirds (2/3) vote of the House of Representatives and Senate for the
489	503		appropriation; or said one -quarter (1/4) could be appropriated upon
490	504		a joint declaration of emergency conditions by the Speaker of the
491	505		House of Representatives and the P resident Pro Tempore of the
492	506		Senate, with a concurrence of a three -fourths (3/4) vote of the
493	507		House of Representatives and Se nate.
494	508		9. That portion of every appropriation, at the end of each
495	509		fiscal year, in excess of actual revenues collected and allocated
496	510		thereto, as hereinafter provided, shall be null and void. Revenues
497	511		deposited in the State Treasury to the credit of the Gen eral Revenue
498	512		Fund or of any special fund (which derives its revenue in whole or
499	513		in part from state taxes or fees) shall, except as to principal and
500	514		interest on the public debt, be allocated monthly to each
501	515		department, institution, board, commission or spec ial appropriation
502	516		on a percentage basis, in that ratio that the total appropriation
503	517		for such department, institution, board, commissi on or special
504	518		appropriation from each fund for that fiscal year bears to the total
505	519		of all appropriations from each fund for that fiscal year, and no
506		-	warrant shall be issued in excess of said allocation. Any
507		-	department, institution or agency of the state o perating on revenues
508	520
509		-	ENGR. S. J. R. NO. 34 Page 11 1
	521	+	SENATE FLOOR VERSION – SJR34 SFLR Page 11
	522	+	(Bold face denotes Committee Amendments) 1
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	547	+	warrant shall be issued in excess of said allocation. Any
	548	+	department, institution or agency of the state o perating on revenues
534	549		derived from any law or laws which allocate the revenues thereof to
535	550		such department, institution or ag ency shall not incur obligations
536	551		in excess of the unencumbered balance of cash on hand. Not hing in
537	552		this section shall prevent, under such conditions and limitations as
538	553		shall be prescribed by law, the governing board of an institution of
539	554		higher education within The Oklahoma State System of Higher
540	555		Education from contracting with a president of suc h institution of
541	556		higher education for per iods extending more than one (1) year, but
542	557		not to exceed three (3) years beyond the fiscal year in which the
543	558		contract is signed.
544	559		10. The Legislature shall provide a method whereby
545	560		appropriations shall be divided an d set up on a monthly, quarterly
546	561		or semiannual basis within each fiscal year to prevent obligations
547	562		being incurred in excess of the revenue to be collected, and
548	563		notwithstanding other provisions of this Constitution, the
549	564		Legislature shall provide that all a ppropriations shall be reduced
550	565		to bring them within revenues actually collected, but all such
551	566		reductions shall apply to each department, institution, board,
552	567		commission or special appropriation made by the State Legislature in
553	568		the ratio that its total appro priation for that fiscal year bears to
554	569		the total of all appropriations from that fund for that fiscal year;
555	570		provided, however, that the Governor shall have discretion to issue
556		-	deficiency certificates to the State Tre asurer for the benefit of
557		-	any department, institution or agency of the state, if the amount of
558	571
559		-	ENGR. S. J. R. NO. 34 Page 12 1
	572	+	SENATE FLOOR VERSION – SJR34 SFLR Page 12
	573	+	(Bold face denotes Committee Amendments) 1
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	598	+	deficiency certificates to the State Treasurer for the benefit of
	599	+	any department, institution or agency of the state, if the amount of
584	600		such deficiency certificates be within the limit of the current
585	601		appropriation for that department, institutio n or agency, whereupon
586	602		the State Treasurer shall issue warrants to the extent of such
587	603		certificates for the payment of such claims as may be authorized by
588	604		the Governor, and such warrants shall become a part of the public
589	605		debt and shall be paid out of any mo ney appropriated by the
590	606		Legislature and made lawfully available therefor; provided further,
591	607		that in no event shall said deficiency ce rtificates exceed in the
592	608		aggregate the sum of Five Hundred Thousand Dollars ($500,000.00) in
593	609		any fiscal year.
594	610		SECTION 2. The provisions of Section 1 of this resolution shall
595	611		not become effective if Enrolled Senate Joint Resolution 35 of the
596	612		2nd Session of the 58th Legislature is not app roved by the people of
597	613		this state.
598	614		SECTION 3. The Ballot Title for the proposed Constitutional
599	615		amendment as set forth in SECTION 1 of this resolution shall be in
600	616		the following form:
601	617		BALLOT TITLE
602	618		Legislative Referendum N o. ____ State Question No. ____
603	619		THE GIST OF THE PROPOSITION IS AS FOLLOWS:
604	620		This measure amends Section 23 of Article 10 of the Oklahoma
605	621		Constitution. It amends the maximum amount which may be
606		-	deposited into a certain fund. The fund is known as the
607		-	Constitutional Reserve Fund. Under current law, the cap is set
608	622
609		-	ENGR. S. J. R. NO. 34 Page 13 1
	623	+	SENATE FLOOR VERSION – SJR34 SFLR Page 13
	624	+	(Bold face denotes Committee Amendments) 1
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	649	+	deposited into a certain fund. The fund is known as the
	650	+	Constitutional Reserve Fund. Under current law, the cap is set
634	651		at fifteen percent (15%) of the amoun t certified for the General
635	652		Revenue Fund for the prior fiscal year. This would increase the
636	653		cap amount to twenty-five (25%). This measure only becomes
637	654		effective if voters app rove the measure that creates the
638	655		Taxpayer Allocation Program Fund to provide an income tax credit
639	656		for individual taxpayers contained in Senate Joint Resolution
640	657		35.
641	658		SHALL THE PROPOSAL BE APPROVED?
642	659		FOR THE PROPOSAL — YES _____________
643	660		AGAINST THE PROPOSAL — NO _____________
644	661		SECTION 4. The President Pro Tempore of the Senate shall,
645	662		immediately after the passage of this resolution, prepare and file
646	663		one copy thereof, including the Ballot Title se t forth in SECTION 3
647	664		hereof, with the Secretary of State and one copy with the Attorney
648	665		General.
649		-
650		-	ENGR. S. J. R. NO. 34 Page 14 1
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674		-
675		-	Passed the Senate the 21st day of March, 2022.
676		-
677		-
678		-
679		-	Presiding Officer of the Senate
680		-
681		-
682		-	Passed the House of Representatives the ____ day of __________,
683		-	2022.
684		-
685		-
686		-
687		-	Presiding Officer of the House
688		-	of Representatives
689		-
	666	+	COMMITTEE REPORT BY: COMMITT EE ON APPROPRIATIONS
	667	+	March 2, 2022 - DO PASS AS AMENDED