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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE JOINT
RESOLUTION 1031 By: Caldwell (Chad)
AS INTRODUCED
A Joint Resolution directing the Secretary of State
to refer to the people for the ir approval or
rejection a proposed amendment to the Constitution of
the State of Oklahoma by adding a new Section 33A to
Article V; requiring supermajority approval for
certain state questions; providing for determination
of increases in state expenditure s; prescribing
wording for ballot title; providing procedures
related to legislative referred measures; providing
ballot title; and directing filing.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES AND THE SENATE OF THE
1ST SESSION OF THE 58TH OK LAHOMA LEGISLATURE:
SECTION 1. The Secretary of State shall refer to the people for
their approval or rejection, as and in the manner provided by law,
the following proposed amendment to the Constitution of the State of
Oklahoma by adding a new Section 33A to Article V thereof, to read
as follows:
A. If any state question, whether in the form of an amendment
to the Oklahoma Constitution or amendments, new law enactments or
repeals, in any combination thereof, with respect to the Oklahoma
Statutes, submitted to a popular v ote either by initiative petition
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or in the form of a measure referred by the Legislature, would
require an increase in the expenditures of any branch or department
of state government, such question shall require the appro val of
sixty percent (60%) of tho se voting on the question or such question
shall not become effective or binding as law.
B. Prior to the time that an initiative petition is filed with
the Secretary of State, the proponents of the proposal shall obtain
a certification from the State Audi tor and Inspector or an entity ,
including any successor entity, designated for such purpose by the
Legislature by statute enacted after the approval of this question,
whether the proposal will or will not increase state expenditures as
described in subsect ion A of this section. If the certification
concludes that there would be an increase in expenditures, the
ballot title for the initiative petition shall contain the following
statement at the beginning of the ballot title and shall precede any
other wording: "The approval of this proposal has been determined
by the State of Oklahoma to require an increase in state government
expenditures and requires sixty percent (60%) approval in order to
become adopted as law. " The wording for the ballot title as
prescribed by this section may not be modified by the Attorney
General.
C. If any measure referred to a vote of the people by the
Legislature, whether in the form of statutes or amendments to the
Oklahoma Constitution, is determined to require an increase in state
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expenditures, the ballot title for the measure shall comply with the
requirements of subsection A and B of this section, and the chamber
from which such measure originates shall obtain the certification
from either the State Auditor and Inspector or the entity designated
by law to provide the certification. The certification shall be
obtained prior to the final passage of the measure and shall be
obtained so that if the certification determines that an increase in
state expenditures would be require d if the measure is approved, the
ballot title for the measure shall conform to the requirements of
subsection B of this section. The wording for the ballot title as
prescribed by this section may not be modified by the At torney
General.
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 No. ____ State Question No. ____
THE GIST OF THE PROPOSITION IS AS FOLLOW S:
This measure amends the Oklahoma Constitution. It would add a
new Section 33A to Article V. This amendment to the Oklahoma
Constitution would apply to initiative petitions and to measures
referred to the statewide ball ot by the Legislature. The
measure would require a supermajority approval of certain types
of state questions. It would apply to amendments to the
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Oklahoma Constitution. It would apply to amendments, new
enactments or repeals, in any combination, to the Oklahoma
Statutes. It would req uire sixty-percent (60%) approval if the
state question would cause an increase in expenditures by any
branch of state government, including the legislative branch,
the executive branch or the judicial branch. If the State
Auditor or Inspector or other st ate entity found that the
proposal would require an increase in state expenditures, a
certification of that fact would be issued. If a measure is
certified to require an increase in expenditures, it will have a
sentence in the ballot title. The sentence will read as
follows: "The approval of this proposal has been determined by
the State of Oklahoma to require an increase in state government
expenditures and requires sixty percent (60%) approval in order
to become adopted as law."
SHALL THE PROPOSAL BE A PPROVED?
FOR THE PROPOSAL — YES _____________
AGAINST THE PROPOSAL — NO _____________
SECTION 3. The Chief Clerk of the House of Representatives,
immediately after the passage of this resolution, shall pre pare and
file one copy thereof, i ncluding the Ballot Title set forth in
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SECTION 2 hereof, with the Secretary of State and one copy with the
Attorney General.
59-1-7062 LRB 12/13/2022