1| STATE OF OKLAHOMA | | | 2| 1st Session of the 59th Legislature (2023) | | | 3|HOUSE JOINT | |RESOLUTION 1031 By: Caldwell (Chad) | 4| | | | 5| | | | 6| AS INTRODUCED | | | 7| A Joint Resolution directing the Secretary of State | | to refer to the people for their approval or | 8| rejection a proposed amendment to the Constitution of | | the State of Oklahoma by adding a new Section 33A to | 9| Article V; requiring supermajority approval for | | certain state questions; providing for determination | 10| of increases in state expenditures; prescribing | | wording for ballot title; providing procedures | 11| related to legislative referred measures; providing | | ballot title; and directing filing. | 12| | | | 13| | | | 14|BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES AND THE SENATE OF THE | | | 15|1ST SESSION OF THE 58TH OKLAHOMA LEGISLATURE: | | | 16| SECTION 1. The Secretary of State shall refer to the people for | | | 17|their approval or rejection, as and in the manner provided by law, | | | 18|the following proposed amendment to the Constitution of the State of | | | 19|Oklahoma by adding a new Section 33A to Article V thereof, to read | | | 20|as follows: | | | 21| A. If any state question, whether in the form of an amendment | | | 22|to the Oklahoma Constitution or amendments, new law enactments or | | | 23|repeals, in any combination thereof, with respect to the Oklahoma | | | 24|Statutes, submitted to a popular vote either by initiative petition | | | Req. No. 7062 Page 1 ___________________________________________________________________________
1|or in the form of a measure referred by the Legislature, would | | | 2|require an increase in the expenditures of any branch or department | | | 3|of state government, such question shall require the approval of | | | 4|sixty percent (60%) of those voting on the question or such question | | | 5|shall not become effective or binding as law. | | | 6| B. Prior to the time that an initiative petition is filed with | | | 7|the Secretary of State, the proponents of the proposal shall obtain | | | 8|a certification from the State Auditor and Inspector or an entity, | | | 9|including any successor entity, designated for such purpose by the | | | 10|Legislature by statute enacted after the approval of this question, | | | 11|whether the proposal will or will not increase state expenditures as | | | 12|described in subsection A of this section. If the certification | | | 13|concludes that there would be an increase in expenditures, the | | | 14|ballot title for the initiative petition shall contain the following | | | 15|statement at the beginning of the ballot title and shall precede any | | | 16|other wording: "The approval of this proposal has been determined | | | 17|by the State of Oklahoma to require an increase in state government | | | 18|expenditures and requires sixty percent (60%) approval in order to | | | 19|become adopted as law." The wording for the ballot title as | | | 20|prescribed by this section may not be modified by the Attorney | | | 21|General. | | | 22| C. If any measure referred to a vote of the people by the | | | 23|Legislature, whether in the form of statutes or amendments to the | | | 24|Oklahoma Constitution, is determined to require an increase in state | | | Req. No. 7062 Page 2 ___________________________________________________________________________
1|expenditures, the ballot title for the measure shall comply with the | | | 2|requirements of subsection A and B of this section, and the chamber | | | 3|from which such measure originates shall obtain the certification | | | 4|from either the State Auditor and Inspector or the entity designated | | | 5|by law to provide the certification. The certification shall be | | | 6|obtained prior to the final passage of the measure and shall be | | | 7|obtained so that if the certification determines that an increase in | | | 8|state expenditures would be required if the measure is approved, the | | | 9|ballot title for the measure shall conform to the requirements of | | | 10|subsection B of this section. The wording for the ballot title as | | | 11|prescribed by this section may not be modified by the Attorney | | | 12|General. | | | 13| SECTION 2. The Ballot Title for the proposed Constitutional | | | 14|amendment as set forth in SECTION 1 of this resolution shall be in | | | 15|the following form: | | | 16| BALLOT TITLE | | | 17|Legislative Referendum No. ____ State Question No. ____ | | | 18|THE GIST OF THE PROPOSITION IS AS FOLLOWS: | | | 19| This measure amends the Oklahoma Constitution. It would add a | | | 20| new Section 33A to Article V. This amendment to the Oklahoma | | | 21| Constitution would apply to initiative petitions and to measures | | | 22| referred to the statewide ballot by the Legislature. The | | | 23| measure would require a supermajority approval of certain types | | | 24| of state questions. It would apply to amendments to the | | | Req. No. 7062 Page 3 ___________________________________________________________________________
1| Oklahoma Constitution. It would apply to amendments, new | | | 2| enactments or repeals, in any combination, to the Oklahoma | | | 3| Statutes. It would require sixty-percent (60%) approval if the | | | 4| state question would cause an increase in expenditures by any | | | 5| branch of state government, including the legislative branch, | | | 6| the executive branch or the judicial branch. If the State | | | 7| Auditor or Inspector or other state entity found that the | | | 8| proposal would require an increase in state expenditures, a | | | 9| certification of that fact would be issued. If a measure is | | | 10| certified to require an increase in expenditures, it will have a | | | 11| sentence in the ballot title. The sentence will read as | | | 12| follows: "The approval of this proposal has been determined by | | | 13| the State of Oklahoma to require an increase in state government | | | 14| expenditures and requires sixty percent (60%) approval in order | | | 15| to become adopted as law." | | | 16| SHALL THE PROPOSAL BE APPROVED? | | | 17| FOR THE PROPOSAL YES _____________ | | | 18| AGAINST THE PROPOSAL NO _____________ | | | 19| SECTION 3. The Chief Clerk of the House of Representatives, | | | 20|immediately after the passage of this resolution, shall prepare and | | | 21|file one copy thereof, including the Ballot Title set forth in | | | 22| | | | 23| | | | 24| | | | Req. No. 7062 Page 4 ___________________________________________________________________________
1|SECTION 2 hereof, with the Secretary of State and one copy with the | | | 2|Attorney General. | | | 3| | | | 4| 59-1-7062 LRB 12/13/2022 | | | 5| | | | 6| | | | 7| | | | 8| | | | 9| | | | 10| | | | 11| | | | 12| | | | 13| | | | 14| | | | 15| | | | 16| | | | 17| | | | 18| | | | 19| | | | 20| | | | 21| | | | 22| | | | 23| | | | 24| | | | Req. No. 7062 Page 5