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ENGROSSED SENATE
JOINT
RESOLUTION NO. 36 By: Montgomery of the Senate
and
Boatman of the House
[ proposed amendment to Section 35 of Article X of
the Oklahoma Constitution - levy appropriations for
community and economic development - ballot title -
filing ]
BE IT RESOLVED BY THE SENATE AND THE HOUSE OF REPRESENTATIVES OF THE
2ND SESSION OF THE 58TH OKLAHOMA LEGISLATURE:
SECTION 1. The Secretary of State shall refer to the people for
their approval or reject ion, as and in the manner provided by law,
the following proposed amendment to Section 35 of Article X of the
Oklahoma Constitution to read as follows:
Section 35. (a) Any incorporated town and any county may
issue, by and with the consent of the majorit y of the registered
voters of said municipality or county voting on the question at an
election held for the purpose, bonds in sums provided by such
majority at such election for economic development or communi ty
development purposes, as may be defined by law, within or near the
said municipality or county holding the election.
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(b) Such bonds shall bear interest at a rat e as set by law and
shall be sold in a manner prescribed by law.
(c) Any incorporated town an d any county may appropriate, by
and with the consent of the majority of the registered voters of
said municipality or county v oting on the question at an electio n
held for the purpose, proceeds in sums provided by such majority at
such election for qualified economic development or community
development purposes including economic or industrial development
authorities or agencies, as may be defined by law, within or near
the municipality or county holding the election.
(d) To provide for the payment o f all such appropriations or
bonds outstanding, principal, and interest as they mature, the
municipality or county may:
(1) levy a special tax, paya ble annually, in a total amount not
to exceed five (5) mills on the dollar for the issuance of bonds , as
provided in subsection (a) of this section, and two (2) mills of the
five (5) mills on the dollar for appropriations, as provided in
subsection (c) of this section , in addition to the legal rate
permitted, on the real and personal taxable property therein;
provided, however, that in no event shall the real and personal
taxable property in any city or town be subject to a special tax in
excess of five (5) mills for b onds and appropriations issued
hereunder;
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(2) levy a special sales tax, payable as may be prescr ibed by
law, in a total amount not to exceed one cent ($0.01) on the dollar,
in addition to the legal rat e permitted, upon the sale of tangible
personal property and services, not otherwise exempted by law;
(3) apportion revenues pursuant to Section 6C of Article X of
the Constitution, in a manner prescribed by law; or
(4) implement any combination of paragra phs (1) through (3) of
this subsection.
Provided, however, that the source or sources of revenue and the
irrevocable pledge thereof shall be set forth in the ballot.
(d) (e) Such bonds shall be issued under terms prescribed by
law.
(e) (f) (1) The governing body o f the municipality or the
county commissioners of the county shall exercise jurisdiction over
the sale or exchange of any such bonds voted by the elect ors at an
election held for that purpose and shall expend economically the
funds so provided.
(2) In the expenditure and use of proceeds from the sale of
said bonds, the said governing body is hereby authorized and
directed to coordinate its industrial dev elopment plans and projects
insofar as practicable with similar plans and projects of local
industrial development agencies and the Oklahoma Industrial F inance
Authority, as set forth in Section 34 of Article X of the
Constitution, so as to supplement fund s to be derived from these and
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other sources, including federal aid available to economically
depressed areas, if any; and to the extent that federal req uirements
shall require subordination of liens securing loans from the
Oklahoma Industrial Finance Auth ority or from other sources, as a
condition to the obtaining of such federal aid, the same is hereby
approved and authorized.
(f) (g) The election on the proposed appropriation or the
issuance of such bonds shall be held at such time as the governing
body of the municipality may designa te by ordinance, or as the
county commissioners of the county may designate by order, which
ordinance or order shall state the sum total of issue or
appropriation, the dates of the appropriations or maturities
thereof, and shall fix the date of election so that it shall not
occur earlier than thirty (30) days after the passage of the said
ordinance or the granting of said order. All elections called
pursuant to this section shall be conducted by the appropriate
county election board or boards pursuant to t he general election
laws of the state. The said election shall be held and conducted,
the vote thereof canvassed, and the re sult thereof declared under
the law and in the manner now or hereafter provided for municipal
elections when the election is held b y a municipality, and in the
manner now or hereafter provided for county elections when the
election is held by a county, so far as the same may be applicable,
except as herein otherwise provided. Notice of the election shall
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be given by the mayor of the municipality or by the county
commissioners of the county by advertisement weekly for at least
four times in some newspaper h aving a bona fide circ ulation in the
said municipality or county, with the last publication to be not
less than ten (10) days prior to the date of the said election.
Only registered voters of the said municipality or county shall have
a right to vote at t he said election. The result of the said
election shall be proclaimed by the mayor of the municipality or by
the county commission ers of the county, and the result as proclaimed
shall be conclusive, unless attacked in the courts within thirty
(30) days after the date of such p roclamation.
(g) (h) The tax levies or revenue apportionment associated with
bonds issued pursuant to this s ection and the pledge thereof, may
not be revoked during the term of such bonds; provided, however, the
municipality or county ma y, from time to time, s uspend the
collection of such levy or apportioned revenues when not required
for the payment of its bonds.
(h) (i) The Legislature may provide by law for the creation of
regional economic development districts, comprised of two or more
municipalities or counti es, or a combination of one or more
municipalities and counties, and may specify the terms and
conditions under which the bonds or appropriations authorized in
this section may be issued by municipalities and counties located
within such districts. The provisions of paragr aph (f) of this
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section shall not apply to any appropriations or bonds issued in
accordance with this paragraph unless such provisions are made
expressly applicable by law.
SECTION 2. The Ballot Title for the proposed Constitutional
amendment as set forth in SECTION 1 of this resolution shall be in
the following form:
BALLOT TITLE
Legislative Referendum N o. ____ State Question No. ____
THE GIST OF THE PROPOSITION IS AS FOLLOWS:
This measure amends Section 35, Article 10 of the Oklahoma
Constitution, which authorizes municipal and county levies of
tax to provide payments on the issuance of bonds for community
and economic development purposes. The amendment expands the
use of these levies to include appropriations funds for
community economic and development purposes including
appropriations to economic or industrial development authorities
or agencies. Approval of the appropriations are subject to the
same requirements as those for the issuance of b onds. The
amendment provides the same options for tax levies as those for
the issuance of bonds, except the levy for real and personal
property is limited to two mills on the dollar.
SHALL THE PROPOSAL BE APPROVED?
FOR THE PROPOSAL — YES _____________
AGAINST THE PROPOSAL — NO _____________
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SECTION 3. The President Pro Tempore of the Senate shall,
immediately after the passage of this resolution, prepare and file
one copy thereof, including the Ballot Ti tle set forth in SECTION 2
hereof, with the Secretary of State and on e copy with the Attorney
General.
Passed the Senate the 24th day of March, 2022.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2022.
Presiding Officer of the House
of Representatives