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State Question 703

Oklahoma's Green Country
      State Question 703, "Limiting Liability for information technology contracts," was referred to the people by House Joint Resolution 1051, passed in May, 2002.
ENROLLED HOUSE
JOINT
RESOLUTION NO. 1051
By: Perry of the House
and
Coffee of the Senate
A Joint Resolution directing the Secretary of State to refer to the people for their approval or rejection a proposed amendment to Section 53 of Article V of the Constitution of the State of Oklahoma; allowing certain state contracts to limit the liability of vendors; authorizing the Legislature to enact certain laws; providing ballot title; and directing filing.


BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES AND THE SENATE OF THE 2ND SESSION OF THE 48TH 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 53 of Article V of the Constitution of the State of Oklahoma to read as follows:

        Section 53. A. Except as to tax and assessment charges against real property remaining delinquent and unpaid for a period of time as long or longer than that provided by law to authorize the taking title to real property by prescription, the Legislature shall have no power to release or extinguish, or to authorize the releasing or extinguishing, in whole or in part, the indebtedness, liabilities, or obligations of any corporation or individual, to this State, or any county or other municipal corporation thereof.

        B. The Legislature may enact laws to permit state entities to limit the contractual liability of persons contracting to provide information technology goods or services to the state, but in no event shall liability be limited to less than the amount of the contract.

        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 53 of Article 5. This measure would allow the Legislature to pass certain laws. The laws would affect persons contracting with the state. The laws could limit the liability those persons have to the state. The liability limit would apply only to certain contracts. It would apply to contracts for information technology. Liability could not be limited to less than the amount of the contract.

SHALL THIS AMENDMENT BE APPROVED BY THE PEOPLE?

YES, FOR THE AMENDMENT
NO, AGAINST THE AMENDMENT


        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.

        Passed the House of Representatives the 17th day of May, 2002.


Presiding Officer of the House of Representatives




        Passed the Senate the 23rd day of May, 2002.


Presiding Officer of the Senate


Current Section V-53 of the Oklahoma Constitution  Current Section V-53 of the Oklahoma Constitution
Download HJR 1051 in rtf from the Secretary of State  Download HJR 1051 in rtf from the Secretary of State
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Current Section V-53 of the Oklahoma Constitution / Download HJR 1051 in rtf from the Secretary of State /