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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
SENATE JOINT
RESOLUTION 35 By: Jech
AS INTRODUCED
A Joint Resolution directing the Se cretary of State
to refer to the people fo r their approval or
rejection a proposed amendment t o the Oklahoma
Constitution by adding a new Section 12b to Article
X; requiring individual income tax collections
exceeding certain amount placed in certain fund;
creating the Taxpayer Allocation Program Fund;
requiring monies from fund to be expended for the
purpose of providing individual income tax credit
upon exceeding certain balance; providing relative
amount of credit based upon filing status; providing
ballot title; and directing fili ng.
BE IT RESOLVED BY THE SEN ATE AND THE HOUSE OF RE PRESENTATIVES 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 mann er provided by law,
the following proposed amendment to the Oklahoma Constitution by
adding a new Section 12b to Article X thereof, to read as follows:
Section 12b. A. For any income taxes levied upon individual s
pursuant to Section 12 of this Article , if the revenues collected
for any taxable year exceed the average revenues collected from the
previous five (5) years, th ose excess revenues collected shall be
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placed in the Taxpayer Allocation Program Fund by the State
Treasurer.
B. In the event the balance of the T axpayer Allocation Program
Fund exceeds Four Hundred Million Dollars ($400,000,000.00), that
amount shall be expended for the purpose of providing a refundable
credit to Oklahoma residents who file an individual income tax
return for the following tax year . The credit to taxpayers filing
as married filing jointly, surviving spouse, or head of household
shall be equal to two (2) times the credit to taxpayers filing as an
individual or married filing separately.
SECTION 2. The Ballot Title f or the proposed Constitutio nal
amendment as set fort h 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 amends Articl e 10 of the Oklahoma Constit ution by
adding a new Section 12b. It requires that individual income
tax revenue collections exceeding the average of the previous
five year’s revenue collections be deposited into a fund known
as the Taxpayer Allocation Progr am Fund. Whenever the bala nce
of the Taxpayer Alloc ation Program Fund exceeds Four Hundred
Million Dollars ($400,000,000.00), that amount shall be p rovided
as an income tax credit for Oklahoma residents the f ollowing tax
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year. The credit shall be t wo times the amount for residents
filing as married filing jointly, surviving spouse, or head of
household as those filing as individual or married filing
separately.
SHALL THE PROPOSAL BE APPROVED?
FOR THE PROPOSAL — YES _____________
AGAINST THE PROPOSAL — NO _____________
SECTION 3. The President Pro Tempore of the Senate shall,
immediately after the passage of this resolution, prepare a nd file
one copy thereof, including the Ballot Title se t forth in SECTION 2
hereof, with the Secretary of S tate and one copy with the A ttorney
General.
58-2-2459 QD 1/20/2022 8:04:24 AM