Bill Text For SJR0003 - Introduced

 1|                          STATE OF OKLAHOMA                            |
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 2|             1st Session of the 59th Legislature (2023)                |
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 3|SENATE JOINT                                                           |
  |RESOLUTION 3                         By: Kirt                          |
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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 Section 26 of                 |
  |       Article X of the Oklahoma Constitution; reducing the            |
 9|       threshold to approve school district indebtedness;              |
  |       updating constitutional reference; providing ballot             |
10|       title; and directing filing.                                    |
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12|BE IT RESOLVED BY THE SENATE AND THE HOUSE OF REPRESENTATIVES OF THE   |
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13|1ST SESSION OF THE 59TH OKLAHOMA LEGISLATURE:                          |
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14|    SECTION 1.  The Secretary of State shall refer to the people for   |
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15|their approval or rejection, as and in the manner provided by law,     |
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16|the following proposed amendment to Section 26 of Article X of the     |
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17|Oklahoma Constitution to read as follows:                              |
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18|    Section 26.  (a)  Except as herein otherwise provided, no          |
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19|county, city, town, township, school district, or other political      |
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20|corporation, or subdivision of the state, shall be allowed to become   |
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21|indebted, in any manner, or for any purpose, to an amount exceeding,   |
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22|in any year, the income and revenue provided for such year without     |
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23|the assent of three-fifths of the voters thereof of the county,        |
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24|city, town, township, or other political corporation or subdivision    |
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   Req. No. 1415                                                   Page 1
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 1|of the state or the assent of a majority of the voters of the school   |
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 2|district, voting at an election, to be held for that purpose, nor,     |
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 3|in cases requiring such assent, shall any indebtedness be allowed to   |
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 4|be incurred to an amount, including existing indebtedness, in the      |
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 5|aggregate exceeding five percent (5%) of the valuation of the          |
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 6|taxable property therein, to be ascertained from the last assessment   |
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 7|for state and county purposes previous to the incurring of such        |
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 8|indebtedness:  Provided, that if a school district has an absolute     |
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 9|need therefor, such district may, with the assent of three-fifths of   |
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10|the voters thereof voting at an election to be held for that           |
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11|purpose, incur indebtedness to an amount, including existing           |
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12|indebtedness, in the aggregate exceeding five percent (5%) but not     |
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13|exceeding ten percent (10%) of the valuation of the taxable property   |
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14|therein, to be ascertained from the last assessment for state and      |
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15|county purposes previous to the incurring of such indebtedness, for    |
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16|the purpose of acquiring or improving school sites, constructing,      |
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17|repairing, remodeling or equipping buildings, or acquiring school      |
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18|furniture, fixtures, or equipment; and such assent to such             |
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19|indebtedness shall be deemed to be a sufficient showing of such        |
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20|absolute need, unless otherwise provided by law.  Provided further,    |
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21|that if a city or town has an absolute need therefor, such city or     |
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22|town may, with the assent of three-fifths of the voters thereof        |
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23|voting at an election to be held for that purpose, incur               |
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24|indebtedness to an amount, including existing indebtedness, in the     |
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   Req. No. 1415                                                   Page 2
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 1|aggregate exceeding five percent (5%) but not exceeding ten percent    |
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 2|(10%) of the valuation of the taxable property therein, to be          |
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 3|ascertained from the last assessment for state and county purposes     |
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 4|previous to the incurring of such indebtedness, and such assent to     |
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 5|such indebtedness shall be deemed to be a sufficient showing of such   |
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 6|absolute need unless otherwise provided by law.  Provided, further,    |
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 7|that any county, city, town, school district, or other political       |
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 8|corporation, or subdivision of the state, incurring any indebtedness   |
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 9|requiring the assent of the voters as aforesaid, shall, before or at   |
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10|the time of doing so, provide for the collection of an annual tax      |
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11|sufficient to pay the interest on such indebtedness as it falls due,   |
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12|and also to constitute a sinking fund for the payment of the           |
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13|principal thereof within twenty-five (25) years from the time of       |
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14|contracting the same, and provided further that nothing in this        |
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15|section shall prevent, under such conditions and limitations as        |
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16|shall be prescribed by law, any school district from contracting       |
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17|with:                                                                  |
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18|    (1)  certificated personnel for periods extending one (1) year     |
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19|beyond the current fiscal year; or                                     |
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20|    (2)  a school superintendent for periods extending more than one   |
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21|(1) year, but not to exceed three (3) years beyond the current         |
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22|fiscal year.                                                           |
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23|    (b)  If a county approves an exemption of household goods of the   |
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24|heads of families and livestock employed in support of the family      |
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   Req. No. 1415                                                   Page 3
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 1|from ad valorem taxation pursuant to the provisions of subsection      |
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 2|(b) B of Section 6 of this article, the percentage limitations on      |
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 3|indebtedness as specified in subsection (a) of this section for        |
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 4|political subdivisions or political corporations located in any such   |
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 5|county shall be adjusted by multiplying the percentage levels          |
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 6|specified in subsection (a) of this section by the millage             |
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 7|adjustment factor as specified in subsection (b) of Section 8A of      |
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 8|this article.                                                          |
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 9|    (c)  If approved by the people, the amendment to this section      |
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10|shall become effective January 1, 1993.                                |
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11|    SECTION 2.  The Ballot Title for the proposed Constitutional       |
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12|amendment as set forth in SECTION 1 of this resolution shall be in     |
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13|the following form:                                                    |
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14|                            BALLOT TITLE                               |
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15|Legislative Referendum No. ____           State Question No. ____      |
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16|THE GIST OF THE PROPOSITION IS AS FOLLOWS:                             |
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17|    This measure amends Section 26 of Article 10 of the Oklahoma       |
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18|    Constitution.  This measure would allow a school district to       |
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19|    become indebted upon approval of a majority of the voters of the   |
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20|    school district, rather than the approval of three-fifths of the   |
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21|    voters of the school district.                                     |
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22|    SHALL THE PROPOSAL BE APPROVED?                                    |
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23|    FOR THE PROPOSAL  YES          _____________                       |
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24|    AGAINST THE PROPOSAL  NO       _____________                       |
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   Req. No. 1415                                                   Page 4
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 1|    SECTION 3.  The President Pro Tempore of the Senate shall,         |
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 2|immediately after the passage of this resolution, prepare and file     |
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 3|one copy thereof, including the Ballot Title set forth in SECTION 2    |
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 4|hereof, with the Secretary of State and one copy with the Attorney     |
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 5|General.                                                               |
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 7|    59-1-1415      EB        1/3/2023 3:43:14 PM                       |
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   Req. No. 1415                                                   Page 5
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