Oklahoma 2023 Regular Session

Oklahoma House Bill HJR1031 Compare Versions

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2828 STATE OF OKLAHOMA
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3030 1st Session of the 59th Legislature (2023)
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3232 HOUSE JOINT
3333 RESOLUTION 1031 By: Caldwell (Chad)
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3838 AS INTRODUCED
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4040 A Joint Resolution directing the Secretary of State
4141 to refer to the people for the ir approval or
4242 rejection a proposed amendment to the Constitution of
4343 the State of Oklahoma by adding a new Section 33A to
4444 Article V; requiring supermajority approval for
4545 certain state questions; providing for determination
4646 of increases in state expenditure s; prescribing
4747 wording for ballot title; providing procedures
4848 related to legislative referred measures; providing
4949 ballot title; and directing filing.
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5454 BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES AND THE SENATE OF THE
5555 1ST SESSION OF THE 58TH OK LAHOMA LEGISLATURE:
5656 SECTION 1. The Secretary of State shall refer to the people for
5757 their approval or rejection, as and in the manner provided by law,
5858 the following proposed amendment to the Constitution of the State of
5959 Oklahoma by adding a new Section 33A to Article V thereof, to read
6060 as follows:
6161 A. If any state question, whether in the form of an amendment
6262 to the Oklahoma Constitution or amendments, new law enactments or
6363 repeals, in any combination thereof, with respect to the Oklahoma
6464 Statutes, submitted to a popular v ote either by initiative petition
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9191 or in the form of a measure referred by the Legislature, would
9292 require an increase in the expenditures of any branch or department
9393 of state government, such question shall require the appro val of
9494 sixty percent (60%) of tho se voting on the question or such question
9595 shall not become effective or binding as law.
9696 B. Prior to the time that an initiative petition is filed with
9797 the Secretary of State, the proponents of the proposal shall obtain
9898 a certification from the State Audi tor and Inspector or an entity ,
9999 including any successor entity, designated for such purpose by the
100100 Legislature by statute enacted after the approval of this question,
101101 whether the proposal will or will not increase state expenditures as
102102 described in subsect ion A of this section. If the certification
103103 concludes that there would be an increase in expenditures, the
104104 ballot title for the initiative petition shall contain the following
105105 statement at the beginning of the ballot title and shall precede any
106106 other wording: "The approval of this proposal has been determined
107107 by the State of Oklahoma to require an increase in state government
108108 expenditures and requires sixty percent (60%) approval in order to
109109 become adopted as law. " The wording for the ballot title as
110110 prescribed by this section may not be modified by the Attorney
111111 General.
112112 C. If any measure referred to a vote of the people by the
113113 Legislature, whether in the form of statutes or amendments to the
114114 Oklahoma Constitution, is determined to require an increase in state
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141141 expenditures, the ballot title for the measure shall comply with the
142142 requirements of subsection A and B of this section, and the chamber
143143 from which such measure originates shall obtain the certification
144144 from either the State Auditor and Inspector or the entity designated
145145 by law to provide the certification. The certification shall be
146146 obtained prior to the final passage of the measure and shall be
147147 obtained so that if the certification determines that an increase in
148148 state expenditures would be require d if the measure is approved, the
149149 ballot title for the measure shall conform to the requirements of
150150 subsection B of this section. The wording for the ballot title as
151151 prescribed by this section may not be modified by the At torney
152152 General.
153153 SECTION 2. The Ballot Title for the proposed Constitutional
154154 amendment as set forth in SECTION 1 of this resolution shall be in
155155 the following form:
156156 BALLOT TITLE
157157 Legislative Referendum No. ____ State Question No. ____
158158 THE GIST OF THE PROPOSITION IS AS FOLLOW S:
159159 This measure amends the Oklahoma Constitution. It would add a
160160 new Section 33A to Article V. This amendment to the Oklahoma
161161 Constitution would apply to initiative petitions and to measures
162162 referred to the statewide ball ot by the Legislature. The
163163 measure would require a supermajority approval of certain types
164164 of state questions. It would apply to amendments to the
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191191 Oklahoma Constitution. It would apply to amendments, new
192192 enactments or repeals, in any combination, to the Oklahoma
193193 Statutes. It would req uire sixty-percent (60%) approval if the
194194 state question would cause an increase in expenditures by any
195195 branch of state government, including the legislative branch,
196196 the executive branch or the judicial branch. If the State
197197 Auditor or Inspector or other st ate entity found that the
198198 proposal would require an increase in state expenditures, a
199199 certification of that fact would be issued. If a measure is
200200 certified to require an increase in expenditures, it will have a
201201 sentence in the ballot title. The sentence will read as
202202 follows: "The approval of this proposal has been determined by
203203 the State of Oklahoma to require an increase in state government
204204 expenditures and requires sixty percent (60%) approval in order
205205 to become adopted as law."
206206 SHALL THE PROPOSAL BE A PPROVED?
207207 FOR THE PROPOSAL — YES _____________
208208 AGAINST THE PROPOSAL — NO _____________
209209 SECTION 3. The Chief Clerk of the House of Representatives,
210210 immediately after the passage of this resolution, shall pre pare and
211211 file one copy thereof, i ncluding the Ballot Title set forth in
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240240 SECTION 2 hereof, with the Secretary of State and one copy with the
241241 Attorney General.
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243243 59-1-7062 LRB 12/13/2022