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ENGR. S. A. TO ENGR. H. J. R. NO. 1067 Page 1
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ENGROSSED SENATE AMENDMENT
TO
ENGROSSED HOUSE
JOINT
RESOLUTION NO. 1067 By: Eaves and Lepak of the
House
and
Daniels 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 2 of
Article XXV-A of the Constitution of the State of
Oklahoma; allowing the State of Oklahoma not cover
Medicaid expansion if federal financial participation
drops below ninety-percent matching; providing for
contingency based upon certain voting outcome;
ordering a legislative referendum; providing for
contingency based on federal Medicaid; ordering a
special election; providing ballot title; and
directing filing.
AMENDMENT NO. 1. Page 1, strike the title, resolving clause and
entire resolution and insert
“A Joint Resolution directing the Secretary of State
to refer to the people for their approval or
rejection a proposed amendment to Section 2 of
Article XXV-A of the Oklahoma Constitution;
terminating effect of Medicaid expansion coverage
mandate under specified condition; providing certain
construction; providing for conditional effect;
providing ballot title; and directing filing.
ENGR. S. A. TO ENGR. H. J. R. NO. 1067 Page 2
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BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES AND THE SENATE OF THE
2ND SESSION OF THE 60TH 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 2 of Article XXV-A of
the Oklahoma Constitution to read as follows:
Section 2. A. In addition to those otherwise eligible for
medical assistance under Oklahoma’s Medicaid program, the State
shall, until the conditions described in subsection C of this
section occur, provide medical assistance under Oklahoma’s Medicaid
program to Low Income Adults.
B. No greater or additional burdens or restrictions on
eligibility or enrollment shall be imposed on persons eligible for
medical assistance pursuant to this Article than on any other
population eligible for medical assistance under Oklahoma’s Medicaid
program.
C. If the federal medical assistance percentage (FMAP)
established under 42 U.S.C., Section 1396d(y) is reduced below
ninety percent (90%), then the duty imposed on the State by
subsection A of this section shall cease to have effect,
notwithstanding any subsequent increases to such FMAP; provided,
however, this subsection shall not be construed to prohibit the
Legislature from enacting laws to provide Medicaid coverage to Low
Income Adults.
ENGR. S. A. TO ENGR. H. J. R. NO. 1067 Page 3
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SECTION 2. The proposed Constitutional amendment as set forth
in SECTION 1 of this resolution shall not become effective if the
State Question resulting from Enrolled House Bill No. 4440 of the
2nd Session of the 60th Oklahoma Legislature is approved by the
people, as certified by the Secretary of State.
SECTION 3. 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 2 of Article 25-A to state that if the federal medical
assistance percentage (FMAP) for Medicaid expansion drops below
ninety percent, then the State’s constitutional duty to cover
Low Income Adults under Oklahoma’s Medicaid program will end,
regardless of any later increases to the FMAP. It clarifies
that this measure does not prohibit the Legislature from passing
laws to provide Medicaid coverage to Low Income Adults. This
measure states that if the State Question resulting from
Enrolled House Bill No. 4440 of the 2nd Session of the 60th
Oklahoma Legislature is approved by the people, then this
Constitutional amendment shall not become effective.
SHALL THE PROPOSAL BE APPROVED?
ENGR. S. A. TO ENGR. H. J. R. NO. 1067 Page 4
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FOR THE PROPOSAL — YES _____________
AGAINST THE PROPOSAL — NO _____________
SECTION 4. The Chief Clerk of the House of Representatives,
immediately after the passage of this measure, shall prepare and
file one copy thereof, including the Ballot Title set forth in
SECTION 3 hereof, with the Secretary of State and one copy with the
Attorney General.”
Passed the Senate the 14th day of April, 2026.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2026.
Presiding Officer of the House
of Representatives
ENGR. H. J. R. NO. 1067 Page 1
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ENGROSSED HOUSE
JOINT
RESOLUTION NO. 1067 By: Eaves and Lepak of the
House
and
Daniels 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 2 of
Article XXV-A of the Constitution of the State of
Oklahoma; allowing the State of Oklahoma not cover
Medicaid expansion if federal financial participation
drops below ninety-percent matching; providing for
contingency based upon certain voting outcome;
ordering a legislative referendum; providing for
contingency based on federal Medicaid; ordering a
special election; providing ballot title; and
directing filing.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES AND THE SENATE OF THE
2ND SESSION OF THE 60TH OKLAHOMA LEGISLATURE:
SECTION 5. 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 2 of Article XXV-A of
the Constitution of the State of Oklahoma to read as follows:
Section 2. A. In addition to those otherwise eligible for
medical assistance under Oklahoma's Medicaid program, the State
shall provide medical assistance under Oklahoma's Medicaid program
to Low Income Adults.
ENGR. H. J. R. NO. 1067 Page 2
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B. No greater or additional burdens or restrictions on
eligibility or enrollment shall be imposed on persons eligible for
medical assistance pursuant to this Article than on any other
population eligible for medical assistance under Oklahoma's Medicaid
program.
C. If the federal financial participation is less than ninety
percent (90%) for Medicaid expansion, the Oklahoma Legislature may
decide to not cover the additional costs to the state.
D. If the State Question contained in Enrolled House Bill No.
4440 of the 2nd Session of the 60th Oklahoma Legislature is approved
by the people, the provisions of this section shall not become
operative as law.
SECTION 6. Pursuant to Section 3 of Article V of the Oklahoma
Constitution, there is hereby ordered the following legislative
referendum which shall be filed with the Secretary of State and
addressed to the Governor of the state, who shall submit the same to
the people for their approval or rejection at the election to be
conducted on August 25, 2026.
SECTION 7. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 7402 of Title 63, unless there
is created a duplication in numbering, reads as follows:
A. In addition to those otherwise eligible for medical
assistance under Oklahoma's Medicaid program, the State shall
ENGR. H. J. R. NO. 1067 Page 3
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provide medical assistance under Oklahoma's Medicaid program to Low
Income Adults.
B. No greater or additional burdens or restrictions on
eligibility or enrollment shall be imposed on persons eligible for
medical assistance pursuant to this Article than on any other
population eligible for medical assistance under Oklahoma's Medicaid
program.
C. If the federal financial participation is less than ninety
percent (90%) for Medicaid expansion, the Oklahoma Legislature may
decide to not cover the additional costs to the state.
SECTION 8. The Ballot Title for the proposed Constitutional
amendment as set forth in SECTION 1 of this resolution and the
statutory enactment contained in Section 3 of this measure 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. The measure
amends Section 2 of Article 25A by allowing the State of
Oklahoma to not cover the Medicaid expansion if the federal
financial participation drops below ninety percent (90%)
matching. If another State Question contained in Enrolled House
Bill No. 4440 of the 2nd Session of the 60th Oklahoma
Legislature becomes the law, this change in the Constitution
ENGR. H. J. R. NO. 1067 Page 4
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would not become the law. This measure would also enact a
statute that is almost identical in wording to Section 2 of
Article XXV-A of the Oklahoma Constitution. This section
relates to Medicaid coverage. It would allow the Legislature to
make a choice about state Medicaid funding based on changes in
Medicaid made at the federal level.
SHALL THE PROPOSAL BE APPROVED?
FOR THE PROPOSAL — YES _____________
AGAINST THE PROPOSAL — NO _____________
SECTION 9. A special election is hereby ordered to be held
throughout the State of Oklahoma on the date of August 25, 2026, at
which time the proposed amendment to the Constitution of the State
of Oklahoma, as set forth in SECTION 1 of this measure, shall be
submitted to the people of Oklahoma for their approval or rejection
as and in the manner provided by law.
SECTION 10. The Chief Clerk of the House of Representatives,
immediately after the passage of this measure, shall prepare and
file one copy thereof, including the Ballot Title set forth in
SECTION 4 hereof, with the Secretary of State and one copy with the
Attorney General.
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Passed the House of Representatives the 25th day of March, 2026.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2026.
Presiding Officer of the Senate