1| STATE OF OKLAHOMA | | | 2| 1st Session of the 52nd Legislature (2009) | | | 3|2ND CONFERENCE COMMITTEE | |SUBSTITUTE | 4|FOR ENGROSSED | |HOUSE BILL NO. 1888 By: Richardson, Collins, | 5| Kiesel, Roan, Morgan, Cox, | | Auffet, Sherrer, Faught and | 6| Pittman of the House | | | 7| and | | | 8| Sparks of the Senate | | | 9| | | | 10| | | 2ND CONFERENCE COMMITTEE SUBSTITUTE | 11| | | An Act relating to counties and county officers; | 12| amending 19 O.S. 2001, Sections 1201, 1202, 1203, | | 1204, 1205, 1206, 1207, 1208, 1209, 1210, 1211, 1212, | 13| 1213, 1214, 1215, 1216, 1217, 1218, 1219, 1220 and | | 1221, which relate to the Rural Ambulance Service | 14| Districts Act; modifying name of act; expanding scope | | of act; modifying definitions; specifying certain | 15| governing body in certain circumstance; deleting | | certain limitation of certain payment; authorizing a | 16| county or incorporated town or city to raise revenue | | and levy certain assessments on gross proceeds or | 17| gross receipts from sales or services to cover | | certain costs; requiring certain response; providing | 18| certain exception; amending 68 O.S. 2001, Section | | 1370, as last amended by Section 4, Chapter 136, | 19| O.S.L. 2007 (68 O.S. Supp. 2008, Section 1370), which | | relates to county sales tax; exempting emergency | 20| medical services from certain limitation; and | | declaring an emergency. | 21| | | | 22| | | | 23|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | | | 24| | | | Req. No. 8050 Page 1 ___________________________________________________________________________
1| SECTION 1. AMENDATORY 19 O.S. 2001, Section 1201, is | | | 2|amended to read as follows: | | | 3| Section 1201. This act may be cited as the "RuralAmbulance | | | 4|Service Districts Act"."| | | 5|SECTION 2. AMENDATORY 19 O.S. 2001, Section 1202, is | | | 6|amended to read as follows: | | | 7| Section 1202. As used inthis actthe Ambulance Service | | | 8|Districts Act unless the context clearly requires otherwise: | | | 9| 1. "District" means a public ambulance service district created | | | 10|pursuant tothis actthe Ambulance Service Districts Act; | | | 11| 2. "Board" means the governing body of a district; and | | | 12| 3.The terms"boardBoard of county commissioners" and "county | | | 13|clerk" shall mean, respectively, the board of county commissioners | | | 14|and county clerk of the county in which the greatest portion of the | | | 15|territory of any proposed district is located;| | | 16|4. "Rural resident" means any natural person, including persons| | | 17|residing in a municipality of eight thousand five hundred (8,500)| | | 18|persons or less, residing in the rural area located within the| | | 19|boundaries of the district; and| | | 20|5. "Rural area" means any area lying outside the corporate| | | 21|limits of any municipal corporation and includes any areas of open| | | 22|country, unincorporated communities and, with the consent of the| | | 23|governing body thereof by ordinance duly adopted, may include the| | | 24|area within the corporate limits of any municipality having a| | | Req. No. 8050 Page 2 ___________________________________________________________________________
1|population of less than eight thousand five hundred (8,500) persons| | | 2|according to the latest Federal Decennial Census, when said| | | 3|municipality is one of the petitioners for creation of a district or| | | 4|for the annexation of additional area as provided by Section 13 of| | | 5|this act; provided, further, that when a district is totally within| | | 6|the municipal city limits of a city with eight thousand five hundred| | | 7|(8,500) population or less, the board of directors of the district| | | 8|shall be the governing body of the town. Provided, further, that| | | 9|when the city or town with a population of eight thousand five| | | 10|hundred (8,500) or less is a party to a district, at least one| | | 11|member of the board of directors shall be a resident of such| | | 12|participating city or town. | | | 13| SECTION 3. AMENDATORY 19 O.S. 2001, Section 1203, is | | | 14|amended to read as follows: | | | 15| Section 1203. A. When a district is totally within the | | | 16|municipal city limits of a city, the board of directors of the | | | 17|district or their designee may be the governing body of the city or | | | 18|town. | | | 19| B. Publicruralambulance service districts may be organized | | | 20|underthis actthe Ambulance Service Districts Act for the purpose | | | 21|of developing and providing adequateruralambulance services to | | | 22|meet the needs ofruralresidents within the territory of the | | | 23|district. The board of county commissioners of each county in this | | | 24|state shall have power and it shall be their duty, upon a proper | | | Req. No. 8050 Page 3 ___________________________________________________________________________
1|petition being presented, to incorporate and order the creation of | | | 2|such district in the manner provided for in this act. | | | 3| SECTION 4. AMENDATORY 19 O.S. 2001, Section 1204, is | | | 4|amended to read as follows: | | | 5| Section 1204. A. Any two(2)or moreruralresidents may file | | | 6|with the county clerk a petition addressed to the board of county | | | 7|commissioners praying for the incorporation of a district under the | | | 8|provisions ofthis actthe Ambulance Service Districts Act. The | | | 9|petition shall give a legal description of the area which the | | | 10|petitioners propose to be incorporated into the proposed district | | | 11|and shall state: | | | 12| 1. That theruralresidents within such territory are without | | | 13|adequate ambulance service to meet their needs; | | | 14| 2. That the installation, maintenance, and operation of an | | | 15|ambulance service is necessary to serveruralresidents of the | | | 16|district; and | | | 17| 3. Thatsuchservice will be conducive to and will promote the | | | 18|public health, safety, and welfare. | | | 19| B. Attached tosaid petitionsthe petition shall be an accurate | | | 20|map or plat of the proposed area to be embraced within the district | | | 21|showing the location ofsaidthe area by reference to sections or | | | 22|portions thereof and the township and range wherein the same are | | | 23|located. | | | 24| | | | Req. No. 8050 Page 4 ___________________________________________________________________________
1| SECTION 5. AMENDATORY 19 O.S. 2001, Section 1205, is | | | 2|amended to read as follows: | | | 3| Section 1205. A. Whenever a petition, as provided inthe| | | 4|preceding sectionSection 1204 of this title, is filed with the | | | 5|county clerk,hethe clerk shall thereupon give notice to the county | | | 6|commissioners of the filing and pendency ofsaidthe petition, | | | 7|whereupon the county commissioners shallforthwithentertheiran | | | 8|order setting a public hearingupon saidon the petition for a day | | | 9|certain and directing the county clerk to give notice ofsaidthe | | | 10|hearing by legal publication for two (2) consecutive weeks in a | | | 11|newspaper published in each county containing any area embraced | | | 12|within the boundaries of the proposed district. Such newspapers | | | 13|shall have a general circulation in the county of publication. | | | 14|Provided, however, if there is a county in which there is no | | | 15|newspaper of general circulation published, notice ofsuchthe | | | 16|hearing shall be given by posting in five (5) public places within | | | 17|saidthe county, one of which shall be the county courthouse. | | | 18| B.Such noticeNotice shall contain:a| | | 19| 1. A brief and concise statement describing the purpose ofsuch| | | 20|the hearing, a; | | | 21| 2. A description of the area to be embraced withinsaidthe | | | 22|district;a| | | 23| 3. A notice to all persons residing, and incorporated | | | 24|municipalities, within the proposed district that they may appear | | | Req. No. 8050 Page 5 ___________________________________________________________________________
1|upon the date and at the time and place ofsaidthe hearing to show | | | 2|cause, if anythere be, whysaidthe petition should not be granted; | | | 3|anda| | | 4|4. A notice to allruralresidents of the proposed district | | | 5|that, ifsaidthe district shall be ordered created, immediately | | | 6|following the entry of the order creatingsaidthe district an | | | 7|organizational meeting to elect a board of directors and officers | | | 8|and to adopt bylaws will be held. | | | 9|In addition, theC. The county clerk shall, at least ten (10) | | | 10|days before the date fixed forsaidthe hearing, give or send by | | | 11|registered or certified mail notice thereof to each of the | | | 12|petitioners. | | | 13| SECTION 6. AMENDATORY 19 O.S. 2001, Section 1206, is | | | 14|amended to read as follows: | | | 15| Section 1206. A. At the time and place set for the hearing and | | | 16|consideration of the petition, it shall be the duty of the board of | | | 17|county commissioners to determine: | | | 18| 1. Whether proper notice of the hearing has been given as | | | 19|required by Section51205 of thisacttitle; | | | 20| 2. Whether theruralresidents of the area described in the | | | 21|petition are without adequate ambulance service to meet their needs; | | | 22| 3. Whether the installation, maintenance and operation of such | | | 23|ambulance service is necessary to serveruralresidents of the | | | 24|district; | | | Req. No. 8050 Page 6 ___________________________________________________________________________
1| 4. Whether such ambulance service will be conducive to and will | | | 2|tend to promote the public health, safety and welfare; and | | | 3| 5. The area which should be included in the district. | | | 4| B. If, upon such consideration, it shall be found that such | | | 5|petition is in conformity with the requirements ofthis actthe | | | 6|Ambulance Service Districts Act, and that such a district should be | | | 7|created the board of county commissioners shall thereupon | | | 8|immediately declare the area described in the petition or any part | | | 9|thereof to be incorporated as a district under the name of "Rural| | | 10|Ambulance Service District No. __________, __________ County, | | | 11|Oklahoma", inserting number in order of incorporation and name of | | | 12|county, and thereupon the district shall be a body politic and | | | 13|corporate and an agency and legally constituted authority of the | | | 14|State of Oklahoma for the public purposes set forth inthis actthe | | | 15|Ambulance Service Districts Act. | | | 16| C. The board of county commissioners shall thereupon enter upon | | | 17|its records full minutes of such hearing, together with its order | | | 18|creating theruraldistrict undersaidthe corporate name for the | | | 19|purposes ofthis actthe Ambulance Service Districts Act. Such | | | 20|districts shall not be political corporations or subdivisions of the | | | 21|state within the meaning of any constitutional debt limitations, nor | | | 22|shallsaidthe districts have any power or authority to levy any | | | 23|taxes whatsoever or make any assessments on property, real or | | | 24|personal. | | | Req. No. 8050 Page 7 ___________________________________________________________________________
1| SECTION 7. AMENDATORY 19 O.S. 2001, Section 1207, is | | | 2|amended to read as follows: | | | 3| Section 1207. A. Immediately following the incorporation of | | | 4|the districts by the board of county commissioners, there shall be a | | | 5|special meeting of the residents within any such district to select | | | 6|from their number a board of directors and to adopt bylaws for | | | 7|governing and administering the affairs of the district. The number | | | 8|of members ofsaidthe board, not to exceed nine (9), shall be | | | 9|determined by a majority vote of those residents present. | | | 10| B. Those residents present at such special meeting may adopt | | | 11|and amend any of such proposed bylaws and may propose or adopt | | | 12|additional or other bylaws. Such bylaws may be amended at any | | | 13|annual or special meeting of the participating members of the | | | 14|district. | | | 15| SECTION 8. AMENDATORY 19 O.S. 2001, Section 1208, is | | | 16|amended to read as follows: | | | 17| Section 1208. The board shall be the governing body of the | | | 18|district and shall meet annually on a date prescribed by the bylaws | | | 19|and at such other times as may be determined by the board or upon | | | 20|call by the chairman or any two(2)members of the board. Vacancies | | | 21|on the board shall be filled for the unexpired term, and until such | | | 22|appointee's successor is elected and has qualified, by appointment | | | 23|by the remaining members of the board. The board shall adopt such | | | 24|rules and regulations in conformity with the provisions ofthis act| | | Req. No. 8050 Page 8 ___________________________________________________________________________
1|the Ambulance Service Districts Act and the bylaws of the district | | | 2|as are deemed necessary for the conduct of the business of the | | | 3|district. It shall be the duty of the secretary to cause an entry | | | 4|to be made upon its records showing all of its minutes, decisions, | | | 5|and orders made pursuant to the provisions ofthis actthe Ambulance | | | 6|Service Districts Act. | | | 7| SECTION 9. AMENDATORY 19 O.S. 2001, Section 1209, is | | | 8|amended to read as follows: | | | 9| Section 1209. A. Every district incorporated hereunder shall | | | 10|have perpetual existence, subject to dissolution as provided bythis| | | 11|actthe Ambulance Service Districts Act, and shall have power: | | | 12| 1. To sue and be sued, complain and defend, in its corporate | | | 13|name; | | | 14| 2. To adopt a seal which may be altered at pleasure, and to use | | | 15|it, or a facsimile thereof, as required by law; | | | 16| 3. To acquire by purchase, lease, gift, or in any other manner, | | | 17|and to maintain, use, and operate any and all property of any kind, | | | 18|real, personal, or mixed, or any interest therein; and to construct, | | | 19|erect, purchase, lease as lessee and in any manner acquire, own, | | | 20|hold, maintain, operate, sell, dispose of, lease as lessor, | | | 21|exchange, and mortgage buildings, equipment, apparatus, and | | | 22|facilities necessary to serve the residents of the district; | | | 23| 4. To borrow money and otherwise contract indebtedness for the | | | 24|purposes set forth inthis actthe Ambulance Service Districts Act, | | | Req. No. 8050 Page 9 ___________________________________________________________________________
1|and, without limitationof the generality of the foregoing, to | | | 2|borrow money and accept grants from the federal government or from | | | 3|any corporation or agency created or designated by the federal | | | 4|government and, in connection with such loan or grant, to enter into | | | 5|such agreements as the federal government or such corporation or | | | 6|agency may require; and to issue its notes or obligations therefor, | | | 7|and to secure the payment thereof by mortgage, pledge, or deed of | | | 8|trust on all or any property, assets, franchises, rights, | | | 9|privileges, licenses, rights-of-way, easements, or revenues of the | | | 10|saiddistrict; | | | 11| 5. To make bylaws for the management and regulation of its | | | 12|affairs; | | | 13| 6. To appoint officers and employees, to prescribe their | | | 14|duties, and to fix their compensation; and to employ such common and | | | 15|skilled labor and professional and other services as may be | | | 16|necessary to carry out the purpose of the district; | | | 17| 7. To sell or otherwise dispose of any property of any kind, | | | 18|real, personal, or mixed, or any interest therein, which shall not | | | 19|be necessary to the carrying on of the business of the district; | | | 20| 8. To make any and all contracts necessary or convenient for | | | 21|the exercise of the powers of the district; | | | 22| 9. To do and perform all acts and things, and to have and | | | 23|exercise any and all powers as may be necessary, convenient, or | | | 24| | | | Req. No. 8050 Page 10 ___________________________________________________________________________
1|appropriate to effectuate the purposes for which the district is | | | 2|created; | | | 3| 10. To enter into contracts with the federal government, or any | | | 4|agency thereof, or the State of Oklahoma, or any political | | | 5|subdivision or agency thereof, for the construction, operation, and | | | 6|maintenance of needs and demands of the district; | | | 7| 11. To enter into contracts jointly with any other district, | | | 8|municipality, city, or town, the State of Oklahoma, the federal | | | 9|government, or any other governmental agency, or any of them, for | | | 10|the purpose of purchasing, constructing, acquiring, and operating | | | 11|ambulance facilities or services; and | | | 12| 12. To determine and collect charges for services performed by | | | 13|the district. | | | 14| B. The board of directors shall, on or before July 1 of each | | | 15|year, file with the county clerk of each county in which any part of | | | 16|saidthe district is located, an annual report for the preceding | | | 17|calendar year. Such report shall list all monies received and all | | | 18|monies disbursed duringsaidthe calendar year.SaidThe report | | | 19|shall also specify any and all indebtedness outstanding at the end | | | 20|of the calendar year. | | | 21| SECTION 10. AMENDATORY 19 O.S. 2001, Section 1210, is | | | 22|amended to read as follows: | | | 23| Section 1210. A. Each county in which any of the area of a | | | 24|district is located shall pay its proportionate share of the cost of | | | Req. No. 8050 Page 11 ___________________________________________________________________________
1|the district, based on the ratio which that part of the population | | | 2|of such district residing in the county bears to the total | | | 3|population of the district. Such cost shall be paid from the county | | | 4|treasury, but shall not exceed the equivalent of one (1) mill on| | | 5|each dollar of valuation in the district. Any county shall have the | | | 6|power or authority to raise revenue in any manner allowed by federal | | | 7|and state law including billing for charges for county-owned | | | 8|ambulance services, sales of ambulance subscriptions, a levy of | | | 9|utility fees, or assessments on gross proceeds or gross receipts | | | 10|derived from all sales or services which are not tax exempt in the | | | 11|county to cover the cost of the district. The county shall not be | | | 12|subject to the two-percent-limitation set by Section 1370 of Title | | | 13|68 of the Oklahoma Statutes for any consumer sales tax levied for | | | 14|the purpose of funding emergency medical services pursuant to the | | | 15|Ambulance Service Districts Act. | | | 16| B. Any incorporated town or city that is a party to the | | | 17|district shall pay a proportionate share of the cost of the | | | 18|district,. The share shall be based on the ratio which that part of | | | 19|the population of such district residing in the town or city,bears | | | 20|to the total population of the district. Any incorporated town or | | | 21|city shall have the power or authority to raise revenue in any | | | 22|manner allowed under federal and state law including billing for | | | 23|charges for city-owned ambulance services, sales of ambulance | | | 24|subscriptions, a levy of sales taxes, utility fees, or assessments | | | Req. No. 8050 Page 12 ___________________________________________________________________________
1|on gross proceeds or gross receipts derived from all sales or | | | 2|services which are not tax exempt in the town or city to cover the | | | 3|cost of the district. | | | 4| C. Such cost shall include so much of the following as is not | | | 5|paid from revenues of the district: | | | 6| 1. All operating and maintenance expenses necessary or | | | 7|desirable for the prudent conduct of affairs of the district and the | | | 8|principal of and interest on the obligations issued or assumed by | | | 9|the district in the performance of the purposes for which it was | | | 10|organized; and | | | 11| 2. Adequate reserves for the retirement of indebtedness, | | | 12|maintenance, and other purposes necessary and expedient to meeting | | | 13|all obligations of the district. | | | 14| D. Any revenue received by the district shall be devoted, | | | 15|first, to the payment of operating and maintenance expenses and the | | | 16|principal and interest on outstanding obligations and, thereafter, | | | 17|to such reserves for improvements, retirement of indebtedness, new | | | 18|construction, depreciation, and contingencies as the board of | | | 19|directors may from time to time prescribe. | | | 20| SECTION 11. AMENDATORY 19 O.S. 2001, Section 1211, is | | | 21|amended to read as follows: | | | 22| Section 1211. Area outside the boundaries of any district which | | | 23|can be served by the facilities of the district may be annexed to | | | 24|such district. Any two(2)or more residents of such area shall | | | Req. No. 8050 Page 13 ___________________________________________________________________________
1|file a petition for annexation with the county clerk addressed to | | | 2|the board of county commissioners, which shall give the legal | | | 3|description of the area which the petitioners propose to be annexed | | | 4|to such district, and shall state: | | | 5| 1. The name of the district to which annexation is desired; | | | 6| 2. That such area is without an adequate system; and | | | 7| 3. That annexation tosaidthe district will be conducive to | | | 8|and will promote the public health, safety, and welfare ofrural| | | 9|residents in the area. | | | 10| SECTION 12. AMENDATORY 19 O.S. 2001, Section 1212, is | | | 11|amended to read as follows: | | | 12| Section 1212. Notice shall be given, as provided in Section5| | | 13|1205 of this title, of the filing of a petition for annexation | | | 14|fixing the time and place of hearing. | | | 15| SECTION 13. AMENDATORY 19 O.S. 2001, Section 1213, is | | | 16|amended to read as follows: | | | 17| Section 1213. At the time and place set for the hearing and | | | 18|consideration of the petition, the board of county commissioners | | | 19|shall ascertain whether proper notice has been given and whether the | | | 20|statements contained in the petition are true. If true, and if a | | | 21|majority of the members of the board of the district to which | | | 22|annexation is desired do not object to such statement, the board of | | | 23|county commissioners shall enter into its minutes such findings and | | | 24|shall set forth insaidthe minutes a description of the new | | | Req. No. 8050 Page 14 ___________________________________________________________________________
1|boundaries of such district. Thereafter, residents within the | | | 2|annexed territory shall be entitled to ambulance service. | | | 3| SECTION 14. AMENDATORY 19 O.S. 2001, Section 1214, is | | | 4|amended to read as follows: | | | 5| Section 1214. A. The term of office of every member elected to | | | 6|an original board shall be until the date of annual meeting of the | | | 7|residents of the district of either the first, second, or third year | | | 8|following the year of the incorporation of the district and until | | | 9|their successors are elected and have qualified, and as nearly as | | | 10|possible the terms of an equal number of directors on any such board | | | 11|shall expire on each ofsaidthe dates. | | | 12| B. At each annual meeting after the year of the election of the | | | 13|original board members, elections shall be held to elect directors | | | 14|to fill any position on the board, the term of office of which has | | | 15|expired, and any director so elected shall hold office for a term of | | | 16|three (3) years and untilhisa successor is elected and has | | | 17|qualified. For the purpose of election of board members and for | | | 18|such other purposes as the bylaws may prescribe, annual meetings of | | | 19|residents shall be held by each district between January 1 and March | | | 20|1 of each year following the year of incorporation of such district. | | | 21| The board of directors shall cause notice of the time and place of | | | 22|each annual meeting and the purpose thereof to be given to each of | | | 23|its participating members. Each resident present shall be entitled | | | 24|to a single vote. | | | Req. No. 8050 Page 15 ___________________________________________________________________________
1| SECTION 15. AMENDATORY 19 O.S. 2001, Section 1215, is | | | 2|amended to read as follows: | | | 3| Section 1215. The board of directors shall annually elect a | | | 4|chairman, vice-chairman, secretary, and treasurer for a term of one | | | 5|(1) year and until a successor is elected and has qualified. | | | 6| SECTION 16. AMENDATORY 19 O.S. 2001, Section 1216, is | | | 7|amended to read as follows: | | | 8| Section 1216. It shall be the duty of the chairman of the board | | | 9|of directors to keep in repair equipment, apparatus, and other | | | 10|property of the district and to operate the same as directed bysaid| | | 11|the board. The chairman and all persons who may perform any service | | | 12|or labor as provided herein shall be paid such just and reasonable | | | 13|compensation as may be allowed by the board of directors andsaid| | | 14|the board shall annually prepare an estimated budget for the coming | | | 15|year and submit such budget to the board of county commissioners for | | | 16|their approval. The board of directors shall cause an annual audit | | | 17|of the district's records and accounts to be made, and shall make a | | | 18|report onsaidthe matters at each annual meeting. | | | 19| SECTION 17. AMENDATORY 19 O.S. 2001, Section 1217, is | | | 20|amended to read as follows: | | | 21| Section 1217. Whenever a petition signed by three-fourths (3/4) | | | 22|of the residents in any district organized under provisions of this | | | 23|act or a petition signed by all of the directors of such district is | | | 24| | | | Req. No. 8050 Page 16 ___________________________________________________________________________
1|presented to the board of county commissioners and it shall appear | | | 2|fromsaidthe petition that:that said| | | 3|1. The district owns no property of any kind exclusive of | | | 4|records and files;that all| | | 5| 2. All of its debts and obligations have been fully paid;that| | | 6|theand | | | 7| 3. The district is not functioning, and will probably continue | | | 8|to be inoperative because the board of directors is unable to obtain | | | 9|the necessary financing or for any other reason;, | | | 10|the board of county commissioners shall, after such finding, issue a | | | 11|certificate stating the allegations insaidthe petition as true and | | | 12|declaringsaidthe district dissolved, and shall make full minutes | | | 13|of such hearing in its journal and deliversaidthe certificate to | | | 14|the secretary ofsaidthe district. The secretary ofsaidthe | | | 15|district shall, within thirty (30) days thereafter, deliver all | | | 16|records and files to the county clerk, and thereuponsaidthe | | | 17|district shall be dissolved. | | | 18| SECTION 18. AMENDATORY 19 O.S. 2001, Section 1218, is | | | 19|amended to read as follows: | | | 20| Section 1218. A. Whenever a district owning facilities and | | | 21|property desires to sell such facilities and property andbecome| | | 22|dissolveddissolve, the board of directors may adopt a resolution | | | 23|setting forth the proposed plan and, upon such plan being approved | | | 24|by three-fourths (3/4) of the residents of such district present at | | | Req. No. 8050 Page 17 ___________________________________________________________________________
1|a meeting called for that purpose, such resolution and plan may be | | | 2|submitted to the board of county commissioners. | | | 3| B. If approved by the commissioners, the commissioners shall | | | 4|thereupon authorize the board of directors to carry throughsaidthe | | | 5|plan of sale and shall further authorize the board of directors to | | | 6|wind up the affairs of the district, pay all debts and expenses, and | | | 7|distribute any excess funds to the members on an equal basis. | | | 8|Thereupon the district shall be dissolved as herein provided. | | | 9| SECTION 19. AMENDATORY 19 O.S. 2001, Section 1219, is | | | 10|amended to read as follows: | | | 11| Section 1219. A. If it becomes apparent that a certain area | | | 12|included within a district cannot be economically or adequately | | | 13|served by the services and facilities of the district, or no longer | | | 14|needs such services or facilities, the residents of such area may | | | 15|petition the county commissioners to release the area from the | | | 16|district. The petition shall describe by section or fraction | | | 17|thereof and by township and range the area affected and be signed by | | | 18|all three-fourths (3/4) of the residents of such area and be | | | 19|endorsed by the board of directors of the district. | | | 20| B. After a finding that the granting of the petition is to the | | | 21|best interests of the affected residents and the district, the board | | | 22|of county commissioners shall issue a certificate stating that the | | | 23|area involved is released and separated from the district. Full | | | 24|minutes of the hearing shall be entered in the journal of the board | | | Req. No. 8050 Page 18 ___________________________________________________________________________
1|of county commissioners and the certificate shall be delivered to | | | 2|the secretary of the district who shall, within thirty (30) days, | | | 3|cause the records of the district to be amended to exclude the area | | | 4|affected. | | | 5| SECTION 20. AMENDATORY 19 O.S. 2001, Section 1220, is | | | 6|amended to read as follows: | | | 7| Section 1220. Districts formed hereunder shall be exempt from | | | 8|all excise taxesof whatsoever kind or natureand, further, shall be | | | 9|exempt from payment of assessments in any general or special taxing | | | 10|district levied upon the property ofsaidthe district, whether | | | 11|real, personal, or mixed. Any and all securities and evidences of | | | 12|indebtedness issued by a district created pursuant tothis actthe | | | 13|Ambulance Service Districts Act and the income interest and capital | | | 14|gains thereon shall not be subject to the income tax laws of this | | | 15|state and persons owning or holdingsaidthe securities and | | | 16|evidences of indebtedness or their heirs, devisees, successors, or | | | 17|assigns shall not be required to pay to the State of Oklahoma income | | | 18|tax upon the profits and capital gains uponsaidthe securities and | | | 19|evidences of indebtedness. | | | 20| SECTION 21. AMENDATORY 19 O.S. 2001, Section 1221, is | | | 21|amended to read as follows: | | | 22| Section 1221. A. Two(2)or more districts organized under | | | 23|this actthe Ambulance Service Districts Act may be consolidated | | | 24| | | | Req. No. 8050 Page 19 ___________________________________________________________________________
1|into a single district by complying with the procedures prescribed | | | 2|in this section. | | | 3| B. The proposal for consolidation shall be prepared in written | | | 4|form and shall set forth in detail the reasons for consolidation and | | | 5|the advantages which would accrue to each district from the | | | 6|proposal. The written proposal shall be considered and acted upon | | | 7|by the board of directors from each district affected at a duly | | | 8|called meeting. If the board of directors of each district approves | | | 9|the proposal by resolution, the proposal shall then be submitted to | | | 10|a vote of the residents of each district present at a regular or | | | 11|special meeting. If the consolidation proposal is not approved by | | | 12|such residents of each district affected such districts may not be | | | 13|consolidated. | | | 14| C. If the proposal is approved by such residents of each | | | 15|district, the boards of directors of the districts desiring to be | | | 16|consolidated shall join in filing a petition, addressed to the board | | | 17|of county commissioners having jurisdiction as provided by this | | | 18|section, for a hearing to consolidate such districts into a single | | | 19|district.SaidThe petition shall set forth the necessity for such | | | 20|consolidation of two(2)or more districts, and that the | | | 21|consolidation ofsaidthe districts shall be conducive to the public | | | 22|health, safety, and welfare, and the purposes for which the | | | 23|districts were organized. The consolidation proposal as approved by | | | 24| | | | Req. No. 8050 Page 20 ___________________________________________________________________________
1|the residents and the boards of directors of each district shall be | | | 2|attached to the petition as exhibits. | | | 3| D. If the districts seeking consolidation are situated in one | | | 4|county, the petition shall be filed with the county clerk ofsaid| | | 5|the county, and the board of county commissioners ofsaidthe county | | | 6|shall have jurisdiction to hear and determine the petition. | | | 7| E. If the districts seeking consolidation are situated in | | | 8|different counties the petition shall be filed with the county clerk | | | 9|of the county in which the greatest portion of the area of the | | | 10|proposed consolidated district is located, and the board to | | | 11|determine the question of consolidation shall consist of the board | | | 12|of county commissioners from each of the counties, and a majority of | | | 13|the combined boards shall be necessary to render a decision. | | | 14| F. Upon receipt ofsaidthe petition, the county clerk shall | | | 15|thereupon give notice to the board or boards of county commissioners | | | 16|of the filing and pendency ofsaidthe petition, whereupon the | | | 17|county commissioners of the county wherein the petition is filed | | | 18|shall enter its order setting hearing, and giving notice of the | | | 19|hearing, all in accordance with the provisions of this act for the | | | 20|creation of districts in the first instance. After the hearing, | | | 21|should the board find that the averments of the petition are true | | | 22|and thatsaidthe districts, or any of them, should be consolidated, | | | 23|the board shall enter its order directing the consolidation of the | | | 24|districts. The order shall set forth the corporate name of the | | | Req. No. 8050 Page 21 ___________________________________________________________________________
1|consolidated district under the name of "ConsolidatedRural| | | 2|Ambulance Service District No. __________, __________ County(ies), | | | 3|Oklahoma"."The order shall further provide that the consolidated | | | 4|district shall assume and become legally liable for all of the | | | 5|obligations of the districts consolidated into the single district. | | | 6| G. Following the entry ofsaidthe order, an organizational | | | 7|meeting of the combined residents of each of the districts shall be | | | 8|held for the purpose of electing directors and officers and adopting | | | 9|bylaws. This organizational meeting shall be held in accordance | | | 10|with the provisions pertaining to the creation and organization of | | | 11|districts. | | | 12| H. From any order of the board, an appeal may be taken in the | | | 13|manner as provided for appeals from decision of the board of county | | | 14|commissioners. All legal proceedings already instituted by or | | | 15|against any district involved in a consolidation proceeding may be | | | 16|revived and continued by or against the consolidated district by an | | | 17|order of the court substituting the name of such consolidated | | | 18|district. | | | 19| SECTION 22. AMENDATORY 68 O.S. 2001, Section 1370, as | | | 20|last amended by Section 4, Chapter 136, O.S.L. 2007 (68 O.S. Supp. | | | 21|2008, Section 1370), is amended to read as follows: | | | 22| Section 1370. A. Any county of this state may levy a sales tax | | | 23|ofnot to exceed two percent (2%) upon the gross proceeds or gross | | | 24|receipts derived from all sales or services in the county upon which | | | Req. No. 8050 Page 22 ___________________________________________________________________________
1|a consumer's sales tax is levied by this state, except as provided | | | 2|for in Section 1210 of Title 19 of the Oklahoma Statutes. Before a | | | 3|sales tax may be levied by the county, the imposition of the tax | | | 4|shall first be approved by a majority of the registered voters of | | | 5|the county voting thereon at a special election called by the board | | | 6|of county commissioners or by initiative petition signed by not less | | | 7|than five percent (5%) of the registered voters of the county who | | | 8|were registered at the time of the last general election. However, | | | 9|if a majority of the registered voters of a county voting fail to | | | 10|approve such a tax, the board of county commissioners shall not call | | | 11|another special election for such purpose for six (6) months. Any | | | 12|sales tax approved by the registered voters of a county shall be | | | 13|applicable only when the point of sale is within the territorial | | | 14|limits of such county. Any sales tax levied or any change in the | | | 15|rate of a sales tax levied pursuant to the provisions of this | | | 16|section shall become effective on the first day of the calendar | | | 17|quarter following approval by the voters of the county unless | | | 18|another effective date, which shall also be on the first day of a | | | 19|calendar quarter, is specified in the ordinance or resolution | | | 20|levying the sales tax or changing the rate of sales tax. | | | 21| B. The Oklahoma Tax Commission shall give notice to all vendors | | | 22|of a rate change at least sixty (60) days prior to the effective | | | 23|date of the rate change. Provided, for purchases from printed | | | 24|catalogs wherein the purchaser computed the tax based upon local tax | | | Req. No. 8050 Page 23 ___________________________________________________________________________
1|rates published in the catalog, the rate change shall not be | | | 2|effective until the first day of a calendar quarter after a minimum | | | 3|of one hundred twenty (120) days' notice to vendors. Failure to | | | 4|give notice as required by this section shall delay the effective | | | 5|date of the rate change to the first day of the next calendar | | | 6|quarter. | | | 7| C. Initiative petitions calling for a special election | | | 8|concerning county sales tax proposals shall be in accordance with | | | 9|Sections 2, 3, 3.1, 6, 18 and 24 of Title 34 of the Oklahoma | | | 10|Statutes. Petitions shall be submitted to the office of county | | | 11|clerk for approval as to form prior to circulation. Following | | | 12|approval, the petitioner shall have ninety (90) days to secure the | | | 13|required signatures. After securing the requisite number of | | | 14|signatures, the petitioner shall submit the petition and signatures | | | 15|to the county clerk. Following the verification of signatures, the | | | 16|county clerk shall present the petition to the board of county | | | 17|commissioners. The special election shall be held within sixty (60) | | | 18|days of receiving the petition. The ballot title presented to the | | | 19|voters at the special election shall be identical to the ballot as | | | 20|presented in the initiative petition. | | | 21| D. Subject to the provisions of Section31357.10 of thisact| | | 22|title, all items that are exempt from the state sales tax shall be | | | 23|exempt from any sales tax levied by a county. | | | 24| | | | Req. No. 8050 Page 24 ___________________________________________________________________________
1| E. Any sales tax which may be levied by a county shall be | | | 2|designated for a particular purpose. Such purposes may include, but | | | 3|are not limited to, projects owned by the state, any agency or | | | 4|instrumentality thereof, the county and/or any political subdivision | | | 5|located in whole or in part within such county, regional | | | 6|development, economic development, common education, emergency | | | 7|medical services, general operations, capital improvements, county | | | 8|roads, weather modification or any other purpose deemed, by a | | | 9|majority vote of the county commissioners or as stated by initiative | | | 10|petition, to be necessary to promote safety, security and the | | | 11|general well-being of the people. The county shall identify the | | | 12|purpose of the sales tax when it is presented to the voters pursuant | | | 13|to the provisions of subsection A of this section. Except as | | | 14|otherwise provided in this section, the proceeds of any sales tax | | | 15|levied by a county shall be deposited in the general revenue or | | | 16|sales tax revolving fund of the county and shall be used only for | | | 17|the purpose for which such sales tax was designated. If the | | | 18|proceeds of any sales tax levied by a county pursuant to this | | | 19|section are pledged for the purpose of retiring indebtedness | | | 20|incurred for the specific purpose for which the sales tax is | | | 21|imposed, the sales tax shall not be repealed until such time as the | | | 22|indebtedness is retired. However, in no event shall the life of the | | | 23|tax be extended beyond the duration approved by the voters of the | | | 24|county. | | | Req. No. 8050 Page 25 ___________________________________________________________________________
1| F. 1. Notwithstanding any other provisions of law, any county | | | 2|that has approved a sales tax for the construction, support or | | | 3|operation of a county hospital may continue to collect such tax if | | | 4|such hospital is subsequently sold. Such collection shall only | | | 5|continue if the county remains indebted for the past construction, | | | 6|support or operation of such hospital. The collection may continue | | | 7|only until the debt is repaid or for the stated term of the sales | | | 8|tax, whichever period is shorter. | | | 9| 2. If the construction, support or operation of a hospital is | | | 10|funded through the levy of a county sales tax pursuant to this | | | 11|section and such hospital is subsequently sold, the county levying | | | 12|the tax may dissolve the governing board of such hospital following | | | 13|the sale. Upon the sale of the hospital and dissolution of any | | | 14|governing board, the county is relieved of any future liability for | | | 15|the operation of such hospital. | | | 16| G. Proceeds from any sales tax levied that is designated to be | | | 17|used solely by the sheriff for the operation of the office of | | | 18|sheriff shall be placed in the special revenue account of the | | | 19|sheriff. | | | 20| H. The life of the tax could be limited or unlimited in | | | 21|duration. The county shall identify the duration of the tax when it | | | 22|is presented to the voters pursuant to the provisions of subsections | | | 23|A and C of this section. | | | 24| | | | Req. No. 8050 Page 26 ___________________________________________________________________________
1| I. There are hereby created one or more county sales tax | | | 2|revolving funds in each county which levies a sales tax under this | | | 3|section if any or all of the proceeds of such tax are not to be | | | 4|deposited in the general revenue fund of the county or comply with | | | 5|the provisions of subsection G of this section. Each such revolving | | | 6|fund shall be designated for a particular purpose and shall consist | | | 7|of all monies generated by such sales tax which are designated for | | | 8|such purpose. Monies in such funds shall only be expended for the | | | 9|purposes specifically designated as required by this section. A | | | 10|county sales tax revolving fund shall be a continuing fund not | | | 11|subject to fiscal year limitations. | | | 12| SECTION 23. It being immediately necessary for the preservation | | | 13|of the public peace, health and safety, an emergency is hereby | | | 14|declared to exist, by reason whereof this act shall take effect and | | | 15|be in full force from and after its passage and approval. | | | 16| | | | 17| 52-1-8050 SAB 05/19/09 | | | 18| | | | 19| | | | 20| | | | 21| | | | 22| | | | 23| | | | 24| | | | Req. No. 8050 Page 27©2008-09 eCapitol, LLC. All rights reserved.
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