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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE JOINT
RESOLUTION 12 By: McCortney
AS INTRODUCED
A Joint Resolution directing the Secretary of State
to refer to the peop le for their approval or
rejection a proposed amendment to the Oklahoma
Constitution by adding a new Section 54 to Article V;
providing ballot title; and directing filing.
BE IT RESOLVED BY THE SENATE AND THE HOUSE OF REPRESENTATIVES OF THE
1ST SESSION OF THE 59TH OKLAHOMA LEGISLATURE:
SECTION 1. The Secretary of State shall refer to the people for
their approval or rejection, as and in the manner provided b y law,
the following proposed amendment to the Oklahoma Constitution by
adding a new Section 54 to Article V to read as follows:
Section 54. A. The Legislature, state agency, department, or
commission shall not implement any mandate to any political
subdivision of this State, unless a specific appropriation is made
to fund the political subdivision for all costs related to the
mandate. If no appropriation is made to the political subdivisions,
the mandate shall be considered an unfunded mandate and
unenforceable. Any financial impact of any size determined to exist
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by the political subdivision shall be sufficient to deem as an
unfunded mandate. Financial increases related to clerical work,
office supplies, and creating and submitting rep orts, shall be
exempt from this section .
B. As used in this section, “unfunded mandate” means any act,
law, order, decision, policy , or official action implemented by the
Legislature, state agency, department, or commission that mandat es a
political subdivision, by action or inaction to expend funds to
implement or eliminate any policy, ordinan ce, program, or activity
without being fully appropriated .
SECTION 2. The Ballot Title for the proposed Constituti onal
amendment as set forth in SECTION 1 of this resolution shall be in
the following form:
BALLOT TITLE
Legislative Referend um No. ____ State Question No. ____
THE GIST OF THE PROPOSITION IS AS FOLLOWS:
This measure adds Section 54 of Article 5 of the Oklahoma
Constitution to prohibit the Legislature, state agency,
department, or commission from implementing any unfunded mandat e
to any political subdivision of this state.
SHALL THE PROPOSAL BE AP PROVED?
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 pas sage of this resolution, prepare and file
one copy thereof, including th e Ballot Title set forth in SECTION 2
hereof, with the Secret ary of State and one copy with the Attorney
General.
59-1-131 BG 1/17/2023 3:15:26 PM