STATE OF OKLAHOMA

2nd Session of the 53rd Legislature (2012)

SENATE JOINT
RESOLUTION 47	By:	Brecheen

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 44 to Article X; 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 the Oklahoma Constitution by adding a new Section 44 to Article X to read as follows:
Section 44.  A.  There is hereby created a trust fund to be known as the “Petroleum Storage Tank Indemnity Trust Fund” converted from the “Petroleum Storage Tank Indemnity Fund”, created in Section 353 of Title 17 of the Oklahoma Statutes.  The trust fund principal shall consist of:
1.  The balance of funds in the Petroleum Storage Tank Indemnity Fund of the State Treasury as of January 1, 2013;
2.  All revenue collected from the one-cent-per-gallon assessment on motor fuel found in paragraphs 3 and 4 of subsection C of Section 354 of Title 17 of the Oklahoma Statutes; and
3.  Any interest attributable to investment of money in the Petroleum Storage Tank Indemnity Trust Fund.
B.  There is hereby created the Board of Trustees to administer the Petroleum Storage Tank Indemnity Trust Fund.  The Board of Trustees shall consist of the three Corporation Commissioners.
C.  Monies in the Petroleum Storage Tank Indemnity Trust Fund shall be expended by the Board of Trustees only for the following specified purposes:
1.  Reimbursements to eligible persons for eligible expenses including the costs to identify and confirm the existence of a suspected release or when such expenses are necessary and appropriate to protect the health, safety and welfare of the public and the environment;
2.  Payment of actual costs incurred by the Corporation Commission in evaluating claims and determining whether specific claims qualify for payment or reimbursement by the Oklahoma Petroleum Storage Tank Release Indemnity Program;
3.  Payment of actual costs incurred by the Corporation Commission for the administration of the Petroleum Storage Tank Indemnity Trust Fund; and
4.  Purchase of real property, personal property and easements in conjunction with remediation efforts or the establishment of an alternative water supply.
D.  The Legislature may by law provide for a Storage Tank Advisory Council to make recommendations to the Board of Trustees regarding rules for the implementation of the Petroleum Storage Tank Indemnity Trust Fund.
E.  The Legislature shall enact, amend or repeal sections of the Oklahoma Statutes to conform to and implement this section.
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 adds a new Section 44 to Article 10.  This measure would change the Oklahoma Petroleum Storage Tank Indemnity Fund to a trust fund.  The trust fund would consist of the current one-cent-per-gallon tax on motor fuel and funds currently held in the Indemnity Fund.  The measure also creates a Board of Trustees to manage the trust fund.  The Board of Trustees would be the three Corporation Commissioners.  The monies of the trust fund may only be used for specific purposes.  The trust fund may be used for cleaning up leaking petroleum storage tanks to prevent or stop pollution.  The monies in the trust fund may not be used for any other purpose.  Presently, it is possible for monies in the Indemnity Fund to be used for purposes not related to leaking petroleum storage tanks.  The measure allows the Legislature to pass, amend, or repeal laws to further implement this section.
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.

53-2-2234	MJM	12/22/2011 3:52:23 PM