Req. No. 3173 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 2nd Session of the 59th Legislature (2024) SENATE JOINT RESOLUTION 32 By: Dahm AS INTRODUCED A Joint Resolution directing the Secretary of State to refer to the people for their approval or rejection a proposed amendment to the Oklahoma Constitution by adding a new Section 2 to Article IV; requiring the Legislature to provide certain mission statement in statute for new state agencies or entities; providing a two-year period for the Legislature to provide certain mission st atement in statute for existing state agencies or entities; prohibiting state agencies or entities from taking certain actions; requiring the Legislature to define certain measurable goals for state agencies or entities; directing the Governor to publish certain annual report on fulfillment of measurable goals; providing for the seizure of funds for noncompliance ; prohibiting state agencies or entities from taking certain actions regarding seized funds; providing for judicial enforcement; listing certain individuals with standing to sue for enforcement; allowing for the granting of exceptions t hrough the legislative process; providing ballot title; and directing filing. BE IT RESOLVED BY THE SENATE AN D THE HOUSE OF REPRESENTATIVES OF THE 2ND 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 by law, Req. No. 3173 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 the following proposed amendment to the Oklahoma Constitution by adding a new Section 2 to Article IV to read as follows: Section 2. A. Upon creation of any new state agency or e ntity, the Legislature shall provide a mission statement in the enabling statute, including a list of measurable benefits consistent with the mission statement, the Oklahoma Constitution and the United States Constitution, and other applicable law s of this state and of the United States. Mission statements may be amended by the ordinary processes of legislation no more than once every four (4) years. B. The Legislature shall, within two (2) years of the effective date of this section, define and codify in sta tute a mission for every state agency or entity, whether created by statute, by rule, or by the Oklahoma Constitution . Every dollar spent by this state shall pass through a state agency or entity with a mission statement. In establishing mission statements, a committe e in the Senate and a committee in the House of Representatives shall solicit and hear open public testimony, to be given under pains and penalties of perjury. Mission statements for existing agencies or entities may be amended by the ordinary processes of legislation no more than once every four (4) years. C. 1. No state agency or entity shall continue any program or endeavor that is inconsistent with its statutorily defined mission. 2. A state agency or entity shall not define its own mission. Req. No. 3173 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 D. Except as provided in subsection J of this section, the Legislature shall define one or more measurable goals, including metrics for tracking those goals, for every benefit contained in the mission statement prior to app ropriating any funds to an agency or entity. No monies shall be expended except where at leas t one measurable goal applies, except as provided for in subsection J of this section. A measurable goal is something that quantifiably demonstrates real-world results of the program and must be directly related to the improvements the program provides to the people of this state. Measures of work volume or activity in an agency or entity are not sufficient; the measurable goal must track the results and accompli shments of the agency or entity. Measurable goals may be amended by the or dinary processes of legislation no more than once every four (4) years. E. The Governor sha ll cause to be published annually a single report stating the mission statement, measurable goals, and actual results of each agency and entity of state government. F. The Secretary of Operations and Government Efficiency shall seize all appropriated and unappropriated funds of any agency or entity that: 1. Does not have a stat utorily defined mission and measurable goals; or 2. Fails to cooperate with the Governor ’s annual report as defined in subsection E of this section. Req. No. 3173 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 G. Seized funds shal l be placed in the state’s rainy day fund. The agency or entity shall not recover, allocate, or spend the portion of its budget covering the period when it was not compliant with this section. H. The courts of this state shall have the power to enforce this section. The mission statement shall constitute evidence of the legislative purpose of the agency or entity if the text of the governing law is otherwise uncl ear. Defendants in any action or prosecution brought by a state entity ma y raise a relevant agency or entity’s noncompliance with this amendment as a defense. I. Violations of subs ections A through E of this section shall create a cause of action for the following government o fficials, any of whom shall have standing to sue for the enforcement of this section: the Governor, the Attorney General, or a group of legislators comprising not less than ten percent of the full Legislature of this state. Writs of mandamus, injunctions, and other appropriate remedies at law or equity shall be gr anted. J. The Legislature may waive, for a period not to exceed five (5) years, the requirements of subsections D and E of this section for an agency or entity which provides demonstrable benefit to the people of this state, but which benefit is not easily measurable or quantifiable. For any exemption, both the Senate and the House of Representatives must hold a roll call vote, and a sixty-percent supermajority must support the grant, renewal, or extension of a Req. No. 3173 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 waiver. The Governor shall have authority to approve or veto the grant, renewal, or extension of any waiver. A seventy-percent supermajority of both the Senate and the House of Representatives may vote to override a Governor ’s veto of a waiver under this section. SECTION 2. The Ballot Title for the proposed Constitutional amendment as set forth in SECTION 1 of this resolution shall be i n the following form: BALLOT TITLE Legislative Referendum No. ____ State Question No. ____ THE GIST OF THE PROPOSITION IS AS FOLLOWS: This measure will amend the Oklah oma Constitution by adding a new Section 2 to Article 4. It requires the Legislature to create a mission statement and measurable goals for all new or existing state agencies or entities. Both statements and goals may be amended no more than once every f our years. The Secretary of Operations and Government Efficiency shall seize all funds of an agency or entity that violates this amendment. The courts shall enforce this amendment, and the Governor, Attorney General, or a group of at least ten percent (10%) of members of the Legislature shall have standing to sue for enforcement. The Legislature may waive or grant exceptions to the amendment through a sixty-percent supermajority vote of the Legislature. The Governor may approve or veto such waiver. The Req. No. 3173 Page 6 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 Legislature can override such veto through a seventy-percent supermajority vote. SHALL THE PROPOSAL BE APPROVED? FOR THE PROPOSAL — YES _____________ AGAINST THE PROPOSAL — NO _____________ SECTION 3. The President Pro Tempore of the Sen ate shall, immediately after the passa ge of this resolution, prepare and file one copy thereof, including the Ballot Title set forth in SECTI ON 2 hereof, with the Secretary of State and one copy with the Attorney General. 59-2-3173 MSBB 1/18/2024 12:48:31 PM