| Posted: Tuesday, June 23rd, 2009 | Comments (0)

State Questions on Ballot

By: Constitution Staff

applications for property tax exemptions, protecting the right to hunt and fish and take game and fish, and the selling of wine to package stores and restaurants.

Ballot Title Text of State Questions

STATE QUESTION NO. 735 – LEGISLATIVE REFERENDUM NO. 343

This measure amends the Oklahoma Constitution. It adds Section 8D to Article 10. The measure takes effect January 1, 2009. It creates an exemption from personal property tax. The exemption would be for the full amount of taxes due on all household personal property. The exemption would apply to certain injured veterans. It would also apply to those veterans’ surviving spouses.

To qualify for the exemption an injured veteran would have to meet certain requirements. First, a branch of the Armed Forces or the Oklahoma National Guard would have to have honorably discharged the veteran from active service. Second, the veteran would have to be an Oklahoma resident. Third, the veteran would have to be the head of the household. Fourth, the veteran would have to be one hundred percent permanently disabled. Fifth, the United States Department of Veterans Affairs would have to certify the disability. Sixth, the disability must have occurred through military action or accident, or resulted from a disease contracted while in active service. The Legislature could pass laws to carry out the exemption. Such laws could not change the amount of the exemption.

SHALL THE PROPOSAL BE APPROVED?
FOR THE PROPOSAL – YES
AGAINST THE PROPOSAL – NO


STATE QUESTION NO. 741 – LEGISLATIVE REFERENDUM NO. 344

This measure amends the Oklahoma Constitution. It would add a new Section 22A to Article 10. This section is related to exemptions from property taxes. It would require a person or business to file an application for an exemption. No exemption could be granted prior to filing an application. The Legislature may write laws to carry out the provisions of this section.

SHALL THE PROPOSAL BE APPROVED?
FOR THE PROPOSAL – YES
AGAINST THE PROPOSAL – NO


STATE QUESTION NO. 742 – LEGISLATIVE REFERENDUM NO. 345

This measure adds a new section to the State Constitution. It adds Section 36 to Article 2. It gives all people of this state the right to hunt, trap, fish and take game and fish. Such activities would be subject to reasonable regulation. It allows the Wildlife Conservation Commission to approve methods and procedures for hunting, trapping, fishing and taking of game and fish. It allows for taking game and fish by traditional means. It makes hunting, fishing, and trapping the preferred means to manage certain game and fish. The new law will not affect existing laws relating to property rights.

SHALL THE PROPOSAL BE APPROVED?
FOR THE PROPOSAL – YES
AGAINST THE PROPOSAL – NO


STATE QUESTION NO. 743 LEGISLATIVE REFERENDUM NO. 346

This measure amends Section 3 of Article 28 of the Constitution. It requires a customer to be twenty-one and physically present to purchase wine at a winery, festival or trade show. The measure changes the law to allow certain winemakers to sell directly to retail package stores and restaurants in Oklahoma. The change applies to winemakers who produce up to ten thousand gallons of wine a year. It applies to winemakers in state and out of state. Those winemakers may not also use a licensed wholesale distributor. They must sell their wine to every retail package store and restaurant in Oklahoma that wants to buy the wine. The sales must be on the same price basis. The sales must be without discrimination. Those winemakers must use their own leased or owned vehicles to distribute their wine. They may not use common or private carriers. If any part of this measure is found to be unconstitutional, no winemaker could sell wine directly to retail package stores or restaurants in Oklahoma.

SHALL THE PROPOSAL BE APPROVED?
FOR THE PROPOSAL – YES
AGAINST THE PROPOSAL – NO

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