Req. No. 1415 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF OKLAHOMA 1st Session of the 59th Legislature (2023) SENATE JOINT RESOLUTION 3 By: Kirt AS INTRODUCED A Joint Resolution directing the Secretary of State to refer to the people fo r their approval or rejection a proposed amend ment to Section 26 of Article X of the Oklahoma Constitution; reducing the threshold to approve school district indebtedness; updating constitutional referen ce; providing ballot title; and directing filing. BE IT RESOLVED BY THE SENA TE 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 mann er provided by law, the following proposed amendment to Section 26 of Article X of the Oklahoma Constitution to read as follows: Section 26. (a) Except as herein otherwise provided, no county, city, town, township, school district, or other political corporation, or subdivision of the state , shall be allowed to become indebted, in any manner, or for any purpose, to an amount exceed ing, in any year, the income and revenue provided for such year without the assent of three-fifths of the voters thereof of the county, city, town, township, or othe r political corporation or subdivision Req. No. 1415 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 of the state or the assent of a majority of the voters of the school district, voting at an election, to be held for that purpose, nor, in cases requiring such assent, shall any indeb tedness be allowed to be incurred to an amount, including existing indebtedness, in the aggregate exceeding five percent (5%) of the valuation of the taxable property therein, to be ascerta ined from the last assessment for state and county purposes previou s to the incurring of such indebtedness: Provided, that if a school district ha s an absolute need therefor, such district ma y, with the assent of th ree-fifths of the voters thereof voting at an election to be held for that purpose, incur indebtedness to a n amount, including existing indebtedness, in the aggregate exceeding five perce nt (5%) but not exceeding ten percent (10%) o f the valuation of the t axable property therein, to be ascertain ed from the last assessment for state and county purposes previous to the incurring of such indebtedn ess, for the purpose of acquiring or improving school sites, constructing, repairing, remodeling or equipping buildings, or acquiring school furniture, fixtures, or equipment; and such assent to such indebtedness shall be deemed to be a sufficient showing of such absolute need, unless otherwise provid ed by law. Provided further, that if a city or town has an absolute n eed therefor, such city or town may, with the assent of three -fifths of the voters thereof voting at an election to be held for that purpose , incur indebtedness to an amount, including e xisting indebtedness, in the Req. No. 1415 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 aggregate exceeding five percent (5%) but not exceeding ten percent (10%) of the valuation of the taxable property therein, to be ascertained from the last assessment for state and county purposes previous to the incurring of s uch indebtedness, and such assent to such indebtedness shall be deemed to be a sufficient showing of such absolute need unless otherwise provided by law. Provided, further, that any county, city, town, school district, or other political corporation, or subdivision of the state , incurring any indebt edness requiring the assent of the voters as aforesaid , shall, before or at the time of doing so, provide for the collection of an annual tax sufficient to pay the i nterest on such indebtedness as it falls due, and also to constitute a sinking fund for the payment of the principal thereof within twenty -five (25) years from the time of contracting the same, and provided further that no thing in this section shall preven t, under such conditions and limitations as shall be prescribed by law, any school district from contracting with: (1) certificated personnel for periods e xtending one (1) year beyond the current fiscal year; or (2) a school superintendent for periods ex tending more than one (1) year, but not to exc eed three (3) years beyond the current fiscal year. (b) If a county approves an exemption of household goods of the heads of families and livestock employed in support of the family Req. No. 1415 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 from ad valorem taxation pu rsuant to the provisions of subsection (b) B of Section 6 of this article, the percentage lim itations on indebtedness as specified in subsection (a) of this s ection for political subdivisions or political corporations loca ted in any such county shall be adju sted by multiplying the percentage levels specified in subsection (a) of this section by th e millage adjustment factor as specified in subsection (b) of Sec tion 8A of this article. (c) If approved by the people, the ame ndment to this section shall become effective January 1, 1993. SECTION 2. The Ballot Title for the propo sed 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 FOLLOWS: This measure amends Section 26 of Article 10 of the Oklahoma Constitution. This measure would allow a school district to become indebted upon approval of a m ajority of the voters of the school district, rathe r than the approval of three-fifths of the voters of the school district. SHALL THE PROPOSAL BE APPROVED? FOR THE PROPOSAL — YES _____________ AGAINST THE PROPOSAL — NO _____________ Req. No. 1415 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 SECTION 3. The President Pro Tempore of the Senate shal l, immediately after the passage of this resolution, prepare and file one copy thereof, including the Ballot Title set forth in SECTION 2 hereof, with the Secretary of State and one copy with the Attorney General. 59-1-1415 EB 1/3/2023 1:01:16 PM