Oklahoma 2024 Regular Session

Oklahoma Senate Bill SJR32 Latest Draft

Bill / Introduced Version Filed 01/18/2024

                             
 
 
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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,   
 
 
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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.   
 
 
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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.   
 
 
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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   
 
 
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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   
 
 
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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