1| STATE OF OKLAHOMA | | | 2| 1st Session of the 59th Legislature (2023) | | | 3|SENATE JOINT | |RESOLUTION 12 By: McCortney | 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 Oklahoma | | Constitution by adding a new Section 54 to Article V; | 9| providing ballot title; and directing filing. | | | 10| | | | 11| | | | 12|BE IT RESOLVED BY THE SENATE AND THE HOUSE OF REPRESENTATIVES OF THE | | | 13|1ST SESSION OF THE 59TH OKLAHOMA LEGISLATURE: | | | 14| SECTION 1. The Secretary of State shall refer to the people for | | | 15|their approval or rejection, as and in the manner provided by law, | | | 16|the following proposed amendment to the Oklahoma Constitution by | | | 17|adding a new Section 54 to Article V to read as follows: | | | 18| Section 54. A. The Legislature, state agency, department, or | | | 19|commission shall not implement any mandate to any political | | | 20|subdivision of this State, unless a specific appropriation is made | | | 21|to fund the political subdivision for all costs related to the | | | 22|mandate. If no appropriation is made to the political subdivisions, | | | 23|the mandate shall be considered an unfunded mandate and | | | 24|unenforceable. Any financial impact of any size determined to exist | | | Req. No. 131 Page 1 ___________________________________________________________________________
1|by the political subdivision shall be sufficient to deem as an | | | 2|unfunded mandate. Financial increases related to clerical work, | | | 3|office supplies, and creating and submitting reports, shall be | | | 4|exempt from this section. | | | 5| B. As used in this section, "unfunded mandate" means any act, | | | 6|law, order, decision, policy, or official action implemented by the | | | 7|Legislature, state agency, department, or commission that mandates a | | | 8|political subdivision, by action or inaction to expend funds to | | | 9|implement or eliminate any policy, ordinance, program, or activity | | | 10|without being fully appropriated. | | | 11| SECTION 2. The Ballot Title for the proposed Constitutional | | | 12|amendment as set forth in SECTION 1 of this resolution shall be in | | | 13|the following form: | | | 14| BALLOT TITLE | | | 15|Legislative Referendum No. ____ State Question No. ____ | | | 16|THE GIST OF THE PROPOSITION IS AS FOLLOWS: | | | 17| This measure adds Section 54 of Article 5 of the Oklahoma | | | 18| Constitution to prohibit the Legislature, state agency, | | | 19| department, or commission from implementing any unfunded mandate | | | 20| to any political subdivision of this state. | | | 21| SHALL THE PROPOSAL BE APPROVED? | | | 22| FOR THE PROPOSAL YES _____________ | | | 23| AGAINST THE PROPOSAL NO _____________ | | | 24| | | | Req. No. 131 Page 2 ___________________________________________________________________________
1| SECTION 3. The President Pro Tempore of the Senate shall, | | | 2|immediately after the passage of this resolution, prepare and file | | | 3|one copy thereof, including the Ballot Title set forth in SECTION 2 | | | 4|hereof, with the Secretary of State and one copy with the Attorney | | | 5|General. | | | 6| | | | 7| 59-1-131 BG 1/17/2023 4:46:56 PM | | | 8| | | | 9| | | | 10| | | | 11| | | | 12| | | | 13| | | | 14| | | | 15| | | | 16| | | | 17| | | | 18| | | | 19| | | | 20| | | | 21| | | | 22| | | | 23| | | | 24| | | | Req. No. 131 Page 3