Bill Text For HJR1031 - Introduced

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