STATE OF OKLAHOMA

2nd Session of the 53rd Legislature (2012)

SENATE JOINT
RESOLUTION 75	By:	Holt

AS INTRODUCED

A Joint Resolution directing the Secretary of State to refer to the people for their approval or rejection a proposed amendment to the Oklahoma Constitution by adding a new Section 26A to Article X; prohibiting city, town or township from becoming indebted or contractually obligated without certain approval; providing that provisions cumulative to other provisions; providing ballot title; and directing filing.

BE IT RESOLVED BY THE SENATE AND THE HOUSE OF REPRESENTATIVES 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 Article X of the Oklahoma Constitution by adding a new Section 26A to read as follows:
Section 26A.  A.  No city, town, or township of the State of Oklahoma shall be allowed to become indebted or contractually obligated, in any manner, or for any purpose, unless such indebtedness or obligation is expressly approved by:
1.  The affirmative vote of a majority of the elected members of the governing body of the city, town, or township; or
2.  The endorsement of an officer of the city, town, or township to whom the governing body of the city, town, or township has, by the affirmative vote of a majority of its elected members, delegated the power to approve such an indebtedness or obligation on behalf of the city, town, or township; or
3.  The assent of a majority of the voters thereof voting at an election to be held for the purpose of approving such indebtedness or obligation.
B.  This section is intended to be cumulative of and in addition to Section 26 of this article in regard to the indebtedness of cities, towns and townships.   Nothing herein is intended to nullify the limitations imposed on cities, towns, and townships by Section 26 of this article in relation to indebtedness that exceeds, in any year, the income and revenue provided for such year.
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 State Constitution.  It amends Article 10.  It adds a new Section 26A.  This section would not let a city, town or township become indebted except under certain conditions.  It would also not let a city, town or township become obligated under a contract except under one of three conditions.  The conditions are listed.  The first condition is if the governing body approves the action by a vote of more than half the members.  The second condition is if an officer to whom this power has been delegated issues a verified endorsement.  The third condition is if more than half of the voters voting at an election approves the action.  This section would be in addition to the provisions of Section 26 of Article 10.  This section would not change the limitations in Section 26 applying to indebtedness that exceeds, in any year, the income and revenue provided for such year.
SHALL THE PROPOSAL BE APPROVED?
FOR THE PROPOSAL — YES	_____________
AGAINST THE PROPOSAL — NO 	_____________
SECTION 3.  The President Pro Tempore of the Senate shall, immediately after the passage of this resolution, 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.

53-2-2897	CD	1/18/2012 6:54:00 PM