Oklahoma 2022 Regular Session

Oklahoma Senate Bill SJR36 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	ENGR. S. J. R. NO. 36 Page 1 1
	3	+	SENATE FLOOR VERSION – SJR36 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 3, 2022
	31	+
	32	+	SENATE JOINT
30	33		RESOLUTION NO. 36 By: Montgomery of the Senate
31	34
32	35		and
33	36
34	37		Boatman of the House
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40	43		[ proposed amendment to Section 35 of Article X of
41	44		the Oklahoma Constitution - levy appropriations for
42	45		community and economic development - ballot title -
43	46		filing ]
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48	51		BE IT RESOLVED BY THE SENATE AND THE HOUSE OF REPRESENTATIVES OF THE
49	52		2ND SESSION OF THE 58TH OKLAHOMA LEGISLATURE:
50	53		SECTION 1. The Secretary of State shall refer to the people for
51	54		their approval or rejection, as and in the manner provided by law,
52	55		the following proposed amendment to Section 35 of Article X of the
53	56		Oklahoma Constitution to read as follows:
54	57		Section 35. (a) Any incorporated town and any county may
55	58		issue, by and with the consent of the majority of the registered
56	59		voters of said municipality or county voting on the question at an
57	60		election held for the purpose, bonds in sums provided by such
58	61		majority at such election for economic development or communi ty
59	62		development purposes, as may be defined by law, within or near the
60	63		said municipality or county holding the election.
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62		-	ENGR. S. J. R. NO. 36 Page 2 1
	65	+	SENATE FLOOR VERSION – SJR36 SFLR Page 2
	66	+	(Bold face denotes Committee Amendments) 1
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87	91		(b) Such bonds shall bear interest at a rat e as set by law and
88	92		shall be sold in a manner prescribed by law.
89	93		(c) Any incorporated town an d any county may appropriate, by
90	94		and with the consent of the majority of the registered voters of
91	95		said municipality or county v oting on the question at an electio n
92	96		held for the purpose, proceeds in sums provided by such majority at
93	97		such election for qualified economic development or community
94	98		development purposes including economic or industrial development
95	99		authorities or agencies, as may be defined by law, within or near
96	100		the municipality or county holding the election.
97	101		(d) To provide for the payment o f all such appropriations or
98	102		bonds outstanding, principal, and interest as they mature, the
99	103		municipality or county may:
100	104		(1) levy a special tax, paya ble annually, in a total amount not
101	105		to exceed five (5) mills on the dollar for the issuance of bonds , as
102	106		provided in subsection (a) of this section, and two (2) mills of the
103	107		five (5) mills on the dollar for appropriations, as provided in
104	108		subsection (c) of this section , in addition to the legal rate
105	109		permitted, on the real and personal taxable property therein;
106	110		provided, however, that in no event shall the real and personal
107	111		taxable property in any city or town be subject to a special tax in
108	112		excess of five (5) mills for b onds and appropriations issued
109	113		hereunder;
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111		-	ENGR. S. J. R. NO. 36 Page 3 1
	115	+	SENATE FLOOR VERSION – SJR36 SFLR Page 3
	116	+	(Bold face denotes Committee Amendments) 1
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136	141		(2) levy a special sales tax, payable as may be prescr ibed by
137	142		law, in a total amount not to exceed one cent ($0.01) on the dollar,
138	143		in addition to the legal rat e permitted, upon the sale of tangible
139	144		personal property and services, not otherwise exempted by law;
140	145		(3) apportion revenues pursuant to Section 6C of Article X of
141	146		the Constitution, in a manner prescribed by law; or
142	147		(4) implement any combination of paragra phs (1) through (3) of
143	148		this subsection.
144	149		Provided, however, that the source or sources of revenue and the
145	150		irrevocable pledge thereof shall be set forth in the ballot.
146	151		(d) (e) Such bonds shall be issued under terms prescribed by
147	152		law.
148	153		(e) (f) (1) The governing body o f the municipality or the
149	154		county commissioners of the county shall exercise jurisdiction over
150	155		the sale or exchange of any such bonds voted by the elect ors at an
151	156		election held for that purpose and shall expend economically the
152	157		funds so provided.
153	158		(2) In the expenditure and use of proceeds from the sale of
154	159		said bonds, the said governing body is hereby authorized and
155	160		directed to coordinate its industrial dev elopment plans and projects
156	161		insofar as practicable with similar plans and projects of local
157	162		industrial development agencies and the Oklahoma Industrial F inance
158	163		Authority, as set forth in Section 34 of Article X of the
159	164		Constitution, so as to supplement fund s to be derived from these and
160	165
161		-	ENGR. S. J. R. NO. 36 Page 4 1
	166	+	SENATE FLOOR VERSION – SJR36 SFLR Page 4
	167	+	(Bold face denotes Committee Amendments) 1
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186	192		other sources, including federal aid available to economically
187	193		depressed areas, if any; and to the extent that federal req uirements
188	194		shall require subordination of liens securing loans from the
189	195		Oklahoma Industrial Finance Auth ority or from other sources, as a
190	196		condition to the obtaining of such federal aid, the same is hereby
191	197		approved and authorized.
192	198		(f) (g) The election on the proposed appropriation or the
193	199		issuance of such bonds shall be held at such time as the governing
194	200		body of the municipality may designate by ordinance, or as the
195	201		county commissioners of the county may designate by order, which
196	202		ordinance or order shall state the sum total of issue or
197	203		appropriation, the dates of the appropriations or maturities
198	204		thereof, and shall fix the date of election so that it shall not
199	205		occur earlier than thirty (30) days after the passage of the said
200	206		ordinance or the granting of said order. All elections called
201	207		pursuant to this section shall be conducted by the appropriate
202	208		county election board or boards pursuant to the general election
203	209		laws of the state. The said election shall be held and conducted,
204	210		the vote thereof canvassed, and the re sult thereof declared under
205	211		the law and in the manner now or hereafter provided for municipal
206	212		elections when the election is held by a municipality, and in the
207	213		manner now or hereafter provided for county elections when the
208	214		election is held by a county, so far as the same may be applicable,
209	215		except as herein otherwise provided. Notice of the election shall
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211		-	ENGR. S. J. R. NO. 36 Page 5 1
	217	+	SENATE FLOOR VERSION – SJR36 SFLR Page 5
	218	+	(Bold face denotes Committee Amendments) 1
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236	243		be given by the mayor of the municipality or by the county
237	244		commissioners of the county by advertisement weekly for at least
238	245		four times in some newspaper h aving a bona fide circ ulation in the
239	246		said municipality or county, with the last publication to be not
240	247		less than ten (10) days prior to the date of the said election.
241	248		Only registered voters of the said municipality or county shall have
242	249		a right to vote at t he said election. The result of the said
243	250		election shall be proclaimed by the mayor of the municipality or by
244	251		the county commissioners of the county, and the result as proclaimed
245	252		shall be conclusive, unless attacked in the courts within thirty
246	253		(30) days after the date of such p roclamation.
247	254		(g) (h) The tax levies or revenue apportionment associated with
248	255		bonds issued pursuant to this section and the pledge thereof, may
249	256		not be revoked during the term of such bonds; provided, however, the
250	257		municipality or county ma y, from time to time, s uspend the
251	258		collection of such levy or apportioned revenues when not required
252	259		for the payment of its bonds.
253	260		(h) (i) The Legislature may provide by law for the creation of
254	261		regional economic development districts, comprised of two or more
255	262		municipalities or counti es, or a combination of one or more
256	263		municipalities and counties, and may specify the terms and
257	264		conditions under which the bonds or appropriations authorized in
258	265		this section may be issued by municipalities and counties located
259	266		within such districts. The provisions of paragr aph (f) of this
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261		-	ENGR. S. J. R. NO. 36 Page 6 1
	268	+	SENATE FLOOR VERSION – SJR36 SFLR Page 6
	269	+	(Bold face denotes Committee Amendments) 1
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286	294		section shall not apply to any appropriations or bonds issued in
287	295		accordance with this paragraph unless such provisions are made
288	296		expressly applicable by law.
289	297		SECTION 2. The Ballot Title for the proposed Constitutional
290	298		amendment as set forth in SECTION 1 of this resolution shall be in
291	299		the following form:
292	300		BALLOT TITLE
293	301		Legislative Referendum N o. ____ State Question No. ____
294	302		THE GIST OF THE PROPOSITION IS AS FOLLOWS:
295	303		This measure amends Section 35, Article 10 of the Oklahoma
296	304		Constitution, which authorizes municipal and county levies of
297	305		tax to provide payments on the issuance of bonds for community
298	306		and economic development purposes. The amendment expands the
299	307		use of these levies to include appropriations funds for
300	308		community economic and development purposes including
301	309		appropriations to economic or industrial development authorities
302	310		or agencies. Approval of the appropriations are subject to the
303	311		same requirements as those for the issuance of b onds. The
304	312		amendment provides the same options for tax levies as those for
305	313		the issuance of bonds, except the levy for real and personal
306	314		property is limited to two mills on the dollar.
307	315		SHALL THE PROPOSAL BE APPROVED?
308	316		FOR THE PROPOSAL — YES _____________
309	317		AGAINST THE PROPOSAL — NO _____________
310	318
311		-	ENGR. S. J. R. NO. 36 Page 7 1
	319	+	SENATE FLOOR VERSION – SJR36 SFLR Page 7
	320	+	(Bold face denotes Committee Amendments) 1
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336	345		SECTION 3. The President Pro Tempore of the Senate shall,
337	346		immediately after the passage of this resolution, prepare and file
338	347		one copy thereof, including the Ballot Ti tle set forth in SECTION 2
339	348		hereof, with the Secretary of State and on e copy with the Attorney
340	349		General.
341		-	Passed the Senate the 24th day of March, 2022.
342		-
343		-
344		-
345		-	Presiding Officer of the Senate
346		-
347		-
348		-	Passed the House of Representatives the ____ day of __________,
349		-	2022.
350		-
351		-
352		-
353		-	Presiding Officer of the House
354		-	of Representatives
355		-
	350	+	COMMITTEE REPORT BY: COMMITTE E ON APPROPRIATIONS
	351	+	March 3, 2022 - DO PASS. Title stricken by Committee on Finance.