STATE OF OKLAHOMA

2nd Session of the 53rd Legislature (2012)

HOUSE JOINT
RESOLUTION 1079	By:	McPeak

AS INTRODUCED

A Joint Resolution directing the Secretary of State to refer to the people for their approval or rejection a proposed amendment to Section 5 of Article XI of the Constitution of the State of Oklahoma; modifying the distribution of the proceeds of Section Thirteen and Indemnity lands; adding community colleges; updating language; providing ballot title; and directing filing.

BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES AND THE SENATE OF THE 2ND SESSION OF THE 53RD 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, the following proposed amendment to Section 5 of Article XI of the Constitution of the State of Oklahoma to read as follows:
Section 5.  A.  Section thirteen in every portion of the State, which has been granted to the State, shall be preserved for the use and benefit of the University of Oklahoma ~~and~~, the University Preparatory School, ~~one-third; of~~ the normal schools ~~now established, or hereafter to be established, one-third; and of~~, the Agricultural and Mechanical College ~~and~~, the Colored Agricultural and Normal University~~, one-third~~ and the community colleges, and shall be divided and distributed as follows:
1.  One-third to the University of Oklahoma and Northern Oklahoma College; 
2.  One-third to the Oklahoma State University and Langston University;  
3.  One-sixth to the University of Central Oklahoma, East Central University, Northeastern State University, Northwestern Oklahoma State University, Southeastern Oklahoma State University, Southwestern Oklahoma State University, Oklahoma Panhandle State University, University of Sciences and Arts of Oklahoma, Cameron University, and any other similar state colleges that may be established; and
4.  One-sixth to Carl Albert State College, Connors State College, Eastern Oklahoma State College, Murray State College, Oklahoma City Community College, Redlands Community College, Rose State College, Seminole State College, Tulsa Community College, Western Oklahoma State College, and any other similar community colleges that may be established.
B.  The ~~said~~ lands or the proceeds ~~thereof~~ from the lands as above apportioned to be divided between the institutions as the Legislature may prescribe~~: Provided, That the said~~.  The lands so reserved, or the proceeds of the sale ~~thereof~~ of the lands, or of any indemnity lands granted in lieu of section thirteen shall be safely kept or invested and preserved by the State as a trust, which shall never be diminished, but may be added to, and the income thereof, interest, rentals, or otherwise, only shall be used exclusively for the benefit of ~~said~~ the educational institutions.
~~Such~~ C.  The educational institutions shall remain under the exclusive control of the State and no part of the proceeds arising from the sale or disposal of any lands granted for educational purposes, or the income or rentals ~~thereof~~ from the lands, shall be used for the support of any religious or sectarian school, college, or university, and no portion of the funds arising from the sale of sections thirteen or any indemnity lands selected in lieu thereof, either principal or interest, shall ever be diverted, either temporarily or permanently, from the purpose for which ~~said~~ the lands were granted to the State.
SECTION 2.  The Ballot Title for the proposed Constitutional amendment as set forth in SECTION 1 of this resolution shall be in the following form:
BALLOT TITLE
Legislative Referendum No. ____	State Question No. ____
THE GIST OF THE PROPOSITION IS AS FOLLOWS:
This measure amends the Oklahoma Constitution.  It amends Section 5 of Article 11.  It changes how Section 13 funds are divided.  It adds community colleges.  The funds are to be divided between certain universities and colleges.
SHALL THE PROPOSAL BE APPROVED?
FOR THE PROPOSAL — YES	_____________
AGAINST THE PROPOSAL — NO 	_____________
SECTION 3.  The Chief Clerk of the House of Representatives, immediately after the passage of this resolution, shall prepare and file one copy thereof, including the Ballot Title set forth in SECTION 2 hereof, with the Secretary of State and one copy with the Attorney General.

53-2-9193	KB	01/18/12