1|ENGROSSED SENATE AMENDMENT | | TO | 2|ENGROSSED HOUSE | |BILL NO. 1888 By: Richardson, Collins, | 3| Kiesel, Roan, Morgan, Cox, | | Auffet, Sherrer and Faught | 4| of the House | | | 5| and | | | 6| Sparks of the Senate | | | 7| | | | 8| | | | 9| ( counties and county officers - amending 20 sections | | | 10| in Title 19 - Rural Ambulance Service Districts Act - | | | 11| amending 68 O.S., Section 1370 - county sales tax | | | 12| codification - effective date ) | | | 13| | | | 14|AUTHOR: Add the following House Coauthor: Pittman | | | 15|AMENDMENT NO. 1. Page 1, strike the stricken title, | | enacting clause and entire bill and insert | 16| | | | 17| "[ counties and county officers - amending 20 sections | | | 18| in Title 19 - Rural Ambulance Service Districts Act - | | | 19| amending 68 O.S., Section 1370 - county sales tax | | | 20| codification - effective date ] | | | 21| | | | 22|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:| | | 23|SECTION 1. AMENDATORY 19 O.S. 2001, Section 1201, is | | | 24|amended to read as follows: | | | arsid460870 ENGR. S. A. TO ENGR. H. B. NO. 1888 Page 1 ___________________________________________________________________________
1| Section 1201. This act may be cited as the "RuralAmbulance | | | 2|Service Districts Act"."| | | 3|SECTION 2. AMENDATORY 19 O.S. 2001, Section 1202, is | | | 4|amended to read as follows: | | | 5| Section 1202. As used inthis actthe Ambulance Service | | | 6|Districts Act unless the context clearly requires otherwise: | | | 7| 1. "District" means a public ambulance service district created | | | 8|pursuant tothis actthe Ambulance Service Districts Act; | | | 9| 2. "Board" means the governing body of a district; and | | | 10| 3.The terms"boardBoard of county commissioners" and "county | | | 11|clerk" shall mean, respectively, the board of county commissioners | | | 12|and county clerk of the county in which the greatest portion of the | | | 13|territory of any proposed district is located;| | | 14|4. "Rural resident" means any natural person, including persons| | | 15|residing in a municipality of eight thousand five hundred (8,500)| | | 16|persons or less, residing in the rural area located within the| | | 17|boundaries of the district; and| | | 18|5. "Rural area" means any area lying outside the corporate| | | 19|limits of any municipal corporation and includes any areas of open| | | 20|country, unincorporated communities and, with the consent of the| | | 21|governing body thereof by ordinance duly adopted, may include the| | | 22|area within the corporate limits of any municipality having a| | | 23|population of less than eight thousand five hundred (8,500) persons| | | 24|according to the latest Federal Decennial Census, when said| | | arsid460870 ENGR. S. A. TO ENGR. H. B. NO. 1888 Page 2 ___________________________________________________________________________
1|municipality is one of the petitioners for creation of a district or| | | 2|for the annexation of additional area as provided by Section 13 of| | | 3|this act; provided, further, that when a district is totally within| | | 4|the municipal city limits of a city with eight thousand five hundred| | | 5|(8,500) population or less, the board of directors of the district| | | 6|shall be the governing body of the town. Provided, further, that| | | 7|when the city or town with a population of eight thousand five| | | 8|hundred (8,500) or less is a party to a district, at least one| | | 9|member of the board of directors shall be a resident of such| | | 10|participating city or town. | | | 11| SECTION 3. AMENDATORY 19 O.S. 2001, Section 1203, is | | | 12|amended to read as follows: | | | 13| Section 1203. A. When a district is totally within the | | | 14|municipal city limits of a city, the board of directors of the | | | 15|district or their designee may be the governing body of the city or | | | 16|town. | | | 17| B. Publicruralambulance service districts may be organized | | | 18|underthis actthe Ambulance Service Districts Act for the purpose | | | 19|of developing and providing adequateruralambulance services to | | | 20|meet the needs ofruralresidents within the territory of the | | | 21|district. The board of county commissioners of each county in this | | | 22|state shall have power and it shall be their duty, upon a proper | | | 23|petition being presented, to incorporate and order the creation of | | | 24|such district in the manner provided for in this act. | | | arsid460870 ENGR. S. A. TO ENGR. H. B. NO. 1888 Page 3 ___________________________________________________________________________
1| C. By April 1, 2012, each county of this state with a | | | 2|population of five hundred thousand (500,000) people or less | | | 3|according to the last federal decennial census shall present to the | | | 4|Legislature and Governor an emergency medical services plan. The | | | 5|plan for each county shall be developed by the Emergency Response | | | 6|Systems Development Advisory Council of the State Department of | | | 7|Health and each county emergency services advisory board which shall | | | 8|be comprised of the county commissioners of each county or their | | | 9|designees. The plan shall: | | | 10| 1. Address funding issues; | | | 11| 2. Ensure countywide emergency medical services coverage; | | | 12| 3. Address county boundaries to ensure 9-1-1 operators are able | | | 13|to provide quick response; and | | | 14| 4. Have been presented to county citizens for public comment. | | | 15| SECTION 4. AMENDATORY 19 O.S. 2001, Section 1204, is | | | 16|amended to read as follows: | | | 17| Section 1204. A. Any two(2)or moreruralresidents may file | | | 18|with the county clerk a petition addressed to the board of county | | | 19|commissioners praying for the incorporation of a district under the | | | 20|provisions ofthis actthe Ambulance Service Districts Act. The | | | 21|petition shall give a legal description of the area which the | | | 22|petitioners propose to be incorporated into the proposed district | | | 23|and shall state: | | | 24| | | | arsid460870 ENGR. S. A. TO ENGR. H. B. NO. 1888 Page 4 ___________________________________________________________________________
1| 1. That theruralresidents within such territory are without | | | 2|adequate ambulance service to meet their needs; | | | 3| 2. That the installation, maintenance, and operation of an | | | 4|ambulance service is necessary to serveruralresidents of the | | | 5|district; and | | | 6| 3. Thatsuchservice will be conducive to and will promote the | | | 7|public health, safety, and welfare. | | | 8| B. Attached tosaid petitionsthe petition shall be an accurate | | | 9|map or plat of the proposed area to be embraced within the district | | | 10|showing the location ofsaidthe area by reference to sections or | | | 11|portions thereof and the township and range wherein the same are | | | 12|located. | | | 13| SECTION 5. AMENDATORY 19 O.S. 2001, Section 1205, is | | | 14|amended to read as follows: | | | 15| Section 1205. A. Whenever a petition, as provided inthe| | | 16|preceding sectionSection 1204 of this title, is filed with the | | | 17|county clerk,hethe clerk shall thereupon give notice to the county | | | 18|commissioners of the filing and pendency ofsaidthe petition, | | | 19|whereupon the county commissioners shallforthwithentertheiran | | | 20|order setting a public hearingupon saidon the petition for a day | | | 21|certain and directing the county clerk to give notice ofsaidthe | | | 22|hearing by legal publication for two (2) consecutive weeks in a | | | 23|newspaper published in each county containing any area embraced | | | 24|within the boundaries of the proposed district. Such newspapers | | | arsid460870 ENGR. S. A. TO ENGR. H. B. NO. 1888 Page 5 ___________________________________________________________________________
1|shall have a general circulation in the county of publication. | | | 2|Provided, however, if there is a county in which there is no | | | 3|newspaper of general circulation published, notice ofsuchthe | | | 4|hearing shall be given by posting in five (5) public places within | | | 5|saidthe county, one of which shall be the county courthouse. | | | 6| B.Such noticeNotice shall contain:a| | | 7| 1. A brief and concise statement describing the purpose ofsuch| | | 8|the hearing, a; | | | 9| 2. A description of the area to be embraced withinsaidthe | | | 10|district;a| | | 11| 3. A notice to all persons residing, and incorporated | | | 12|municipalities, within the proposed district that they may appear | | | 13|upon the date and at the time and place ofsaidthe hearing to show | | | 14|cause, if anythere be, whysaidthe petition should not be granted; | | | 15|anda| | | 16|4. A notice to allruralresidents of the proposed district | | | 17|that, ifsaidthe district shall be ordered created, immediately | | | 18|following the entry of the order creatingsaidthe district an | | | 19|organizational meeting to elect a board of directors and officers | | | 20|and to adopt bylaws will be held. | | | 21|In addition, theC. The county clerk shall, at least ten (10) | | | 22|days before the date fixed forsaidthe hearing, give or send by | | | 23|registered or certified mail notice thereof to each of the | | | 24|petitioners. | | | arsid460870 ENGR. S. A. TO ENGR. H. B. NO. 1888 Page 6 ___________________________________________________________________________
1| SECTION 6. AMENDATORY 19 O.S. 2001, Section 1206, is | | | 2|amended to read as follows: | | | 3| Section 1206. A. At the time and place set for the hearing and | | | 4|consideration of the petition, it shall be the duty of the board of | | | 5|county commissioners to determine: | | | 6| 1. Whether proper notice of the hearing has been given as | | | 7|required by Section51205 of thisacttitle; | | | 8| 2. Whether theruralresidents of the area described in the | | | 9|petition are without adequate ambulance service to meet their needs; | | | 10| 3. Whether the installation, maintenance and operation of such | | | 11|ambulance service is necessary to serveruralresidents of the | | | 12|district; | | | 13| 4. Whether such ambulance service will be conducive to and will | | | 14|tend to promote the public health, safety and welfare; and | | | 15| 5. The area which should be included in the district. | | | 16| B. If, upon such consideration, it shall be found that such | | | 17|petition is in conformity with the requirements ofthis actthe | | | 18|Ambulance Service Districts Act, and that such a district should be | | | 19|created the board of county commissioners shall thereupon | | | 20|immediately declare the area described in the petition or any part | | | 21|thereof to be incorporated as a district under the name of "Rural| | | 22|Ambulance Service District No. __________, __________ County, | | | 23|Oklahoma", inserting number in order of incorporation and name of | | | 24|county, and thereupon the district shall be a body politic and | | | arsid460870 ENGR. S. A. TO ENGR. H. B. NO. 1888 Page 7 ___________________________________________________________________________
1|corporate and an agency and legally constituted authority of the | | | 2|State of Oklahoma for the public purposes set forth inthis actthe | | | 3|Ambulance Service Districts Act. | | | 4| C. The board of county commissioners shall thereupon enter upon | | | 5|its records full minutes of such hearing, together with its order | | | 6|creating theruraldistrict undersaidthe corporate name for the | | | 7|purposes ofthis actthe Ambulance Service Districts Act. Such | | | 8|districts shall not be political corporations or subdivisions of the | | | 9|state within the meaning of any constitutional debt limitations, nor | | | 10|shallsaidthe districts have any power or authority to levy any | | | 11|taxes whatsoever or make any assessments on property, real or | | | 12|personal. | | | 13| SECTION 7. AMENDATORY 19 O.S. 2001, Section 1207, is | | | 14|amended to read as follows: | | | 15| Section 1207. A. Immediately following the incorporation of | | | 16|the districts by the board of county commissioners, there shall be a | | | 17|special meeting of the residents within any such district to select | | | 18|from their number a board of directors and to adopt bylaws for | | | 19|governing and administering the affairs of the district. The number | | | 20|of members ofsaidthe board, not to exceed nine (9), shall be | | | 21|determined by a majority vote of those residents present. | | | 22| B. Those residents present at such special meeting may adopt | | | 23|and amend any of such proposed bylaws and may propose or adopt | | | 24|additional or other bylaws. Such bylaws may be amended at any | | | arsid460870 ENGR. S. A. TO ENGR. H. B. NO. 1888 Page 8 ___________________________________________________________________________
1|annual or special meeting of the participating members of the | | | 2|district. | | | 3| SECTION 8. AMENDATORY 19 O.S. 2001, Section 1208, is | | | 4|amended to read as follows: | | | 5| Section 1208. The board shall be the governing body of the | | | 6|district and shall meet annually on a date prescribed by the bylaws | | | 7|and at such other times as may be determined by the board or upon | | | 8|call by the chairman or any two(2)members of the board. Vacancies | | | 9|on the board shall be filled for the unexpired term, and until such | | | 10|appointee's successor is elected and has qualified, by appointment | | | 11|by the remaining members of the board. The board shall adopt such | | | 12|rules and regulations in conformity with the provisions ofthis act| | | 13|the Ambulance Service Districts Act and the bylaws of the district | | | 14|as are deemed necessary for the conduct of the business of the | | | 15|district. It shall be the duty of the secretary to cause an entry | | | 16|to be made upon its records showing all of its minutes, decisions, | | | 17|and orders made pursuant to the provisions ofthis actthe Ambulance | | | 18|Service Districts Act. | | | 19| SECTION 9. AMENDATORY 19 O.S. 2001, Section 1209, is | | | 20|amended to read as follows: | | | 21| Section 1209. A. Every district incorporated hereunder shall | | | 22|have perpetual existence, subject to dissolution as provided bythis| | | 23|actthe Ambulance Service Districts Act, and shall have power: | | | 24| | | | arsid460870 ENGR. S. A. TO ENGR. H. B. NO. 1888 Page 9 ___________________________________________________________________________
1| 1. To sue and be sued, complain and defend, in its corporate | | | 2|name; | | | 3| 2. To adopt a seal which may be altered at pleasure, and to use | | | 4|it, or a facsimile thereof, as required by law; | | | 5| 3. To acquire by purchase, lease, gift, or in any other manner, | | | 6|and to maintain, use, and operate any and all property of any kind, | | | 7|real, personal, or mixed, or any interest therein; and to construct, | | | 8|erect, purchase, lease as lessee and in any manner acquire, own, | | | 9|hold, maintain, operate, sell, dispose of, lease as lessor, | | | 10|exchange, and mortgage buildings, equipment, apparatus, and | | | 11|facilities necessary to serve the residents of the district; | | | 12| 4. To borrow money and otherwise contract indebtedness for the | | | 13|purposes set forth inthis actthe Ambulance Service Districts Act, | | | 14|and, without limitationof the generality of the foregoing, to | | | 15|borrow money and accept grants from the federal government or from | | | 16|any corporation or agency created or designated by the federal | | | 17|government and, in connection with such loan or grant, to enter into | | | 18|such agreements as the federal government or such corporation or | | | 19|agency may require; and to issue its notes or obligations therefor, | | | 20|and to secure the payment thereof by mortgage, pledge, or deed of | | | 21|trust on all or any property, assets, franchises, rights, | | | 22|privileges, licenses, rights-of-way, easements, or revenues of the | | | 23|saiddistrict; | | | 24| | | | arsid460870 ENGR. S. A. TO ENGR. H. B. NO. 1888 Page 10 ___________________________________________________________________________
1| 5. To make bylaws for the management and regulation of its | | | 2|affairs; | | | 3| 6. To appoint officers and employees, to prescribe their | | | 4|duties, and to fix their compensation; and to employ such common and | | | 5|skilled labor and professional and other services as may be | | | 6|necessary to carry out the purpose of the district; | | | 7| 7. To sell or otherwise dispose of any property of any kind, | | | 8|real, personal, or mixed, or any interest therein, which shall not | | | 9|be necessary to the carrying on of the business of the district; | | | 10| 8. To make any and all contracts necessary or convenient for | | | 11|the exercise of the powers of the district; | | | 12| 9. To do and perform all acts and things, and to have and | | | 13|exercise any and all powers as may be necessary, convenient, or | | | 14|appropriate to effectuate the purposes for which the district is | | | 15|created; | | | 16| 10. To enter into contracts with the federal government, or any | | | 17|agency thereof, or the State of Oklahoma, or any political | | | 18|subdivision or agency thereof, for the construction, operation, and | | | 19|maintenance of needs and demands of the district; | | | 20| 11. To enter into contracts jointly with any other district, | | | 21|municipality, city, or town, the State of Oklahoma, the federal | | | 22|government, or any other governmental agency, or any of them, for | | | 23|the purpose of purchasing, constructing, acquiring, and operating | | | 24|ambulance facilities or services; | | | arsid460870 ENGR. S. A. TO ENGR. H. B. NO. 1888 Page 11 ___________________________________________________________________________
1| 12. To determine and collect charges for services performed by | | | 2|the district. | | | 3| B. The board of directors shall, on or before July 1 of each | | | 4|year, file with the county clerk of each county in which any part of | | | 5|saidthe district is located, an annual report for the preceding | | | 6|calendar year. Such report shall list all monies received and all | | | 7|monies disbursed duringsaidthe calendar year.SaidThe report | | | 8|shall also specify any and all indebtedness outstanding at the end | | | 9|of the calendar year. | | | 10| SECTION 10. AMENDATORY 19 O.S. 2001, Section 1210, is | | | 11|amended to read as follows: | | | 12| Section 1210. A. Each county in which any of the area of a | | | 13|district is located shall pay its proportionate share of the cost of | | | 14|the district, based on the ratio which that part of the population | | | 15|of such district residing in the county bears to the total | | | 16|population of the district. Such cost shall be paid from the county | | | 17|treasury, but shall not exceed the equivalent of one (1) mill on| | | 18|each dollar of valuation in the district. The county shall have the | | | 19|power or authority to raise revenue in any manner allowed by federal | | | 20|and state law including billing for charges for county-owned | | | 21|ambulance services, sales of ambulance subscriptions, a levy of | | | 22|utility fees, ad valorem taxes, or assessments on gross proceeds or | | | 23|gross receipts derived from all sales or services which are not tax | | | 24|exempt in the county to cover the cost of the district. The county | | | arsid460870 ENGR. S. A. TO ENGR. H. B. NO. 1888 Page 12 ___________________________________________________________________________
1|shall not be subject to the two-percent-limitation set by Section | | | 2|1370 of Title 68 of the Oklahoma Statutes for any consumer sales tax | | | 3|levied for the purpose of funding emergency medical services | | | 4|pursuant to the Ambulance Service Districts Act. | | | 5| B. Any incorporated town or city that is a party to the | | | 6|district shall pay a proportionate share of the cost of the | | | 7|district,. The share shall be based on the ratio which that part of | | | 8|the population of such district residing in the town or city,bears | | | 9|to the total population of the district. Any incorporated town or | | | 10|city shall have the power or authority to raise revenue in any | | | 11|manner allowed under federal and state law including billing for | | | 12|charges for city-owned ambulance services, sales of ambulance | | | 13|subscriptions, a levy of sales taxes, utility fees, ad valorem | | | 14|taxes, or assessments on gross proceeds or gross receipts derived | | | 15|from all sales or services which are not tax exempt in the town or | | | 16|city to cover the cost of the district. | | | 17| C. Such cost shall include so much of the following as is not | | | 18|paid from revenues of the district: | | | 19| 1. All operating and maintenance expenses necessary or | | | 20|desirable for the prudent conduct of affairs of the district and the | | | 21|principal of and interest on the obligations issued or assumed by | | | 22|the district in the performance of the purposes for which it was | | | 23|organized; and | | | 24| | | | arsid460870 ENGR. S. A. TO ENGR. H. B. NO. 1888 Page 13 ___________________________________________________________________________
1| 2. Adequate reserves for the retirement of indebtedness, | | | 2|maintenance, and other purposes necessary and expedient to meeting | | | 3|all obligations of the district. | | | 4| D. Any revenue received by the district shall be devoted, | | | 5|first, to the payment of operating and maintenance expenses and the | | | 6|principal and interest on outstanding obligations and, thereafter, | | | 7|to such reserves for improvements, retirement of indebtedness, new | | | 8|construction, depreciation, and contingencies as the board of | | | 9|directors may from time to time prescribe. | | | 10| SECTION 11. AMENDATORY 19 O.S. 2001, Section 1211, is | | | 11|amended to read as follows: | | | 12| Section 1211. Area outside the boundaries of any district which | | | 13|can be served by the facilities of the district may be annexed to | | | 14|such district. Any two(2)or more residents of such area shall | | | 15|file a petition for annexation with the county clerk addressed to | | | 16|the board of county commissioners, which shall give the legal | | | 17|description of the area which the petitioners propose to be annexed | | | 18|to such district, and shall state: | | | 19| 1. The name of the district to which annexation is desired; | | | 20| 2. That such area is without an adequate system; and | | | 21| 3. That annexation tosaidthe district will be conducive to | | | 22|and will promote the public health, safety, and welfare ofrural| | | 23|residents in the area. | | | 24| | | | arsid460870 ENGR. S. A. TO ENGR. H. B. NO. 1888 Page 14 ___________________________________________________________________________
1| SECTION 12. AMENDATORY 19 O.S. 2001, Section 1212, is | | | 2|amended to read as follows: | | | 3| Section 1212. Notice shall be given, as provided in Section5| | | 4|1205 of this title, of the filing of a petition for annexation | | | 5|fixing the time and place of hearing. | | | 6| SECTION 13. AMENDATORY 19 O.S. 2001, Section 1213, is | | | 7|amended to read as follows: | | | 8| Section 1213. At the time and place set for the hearing and | | | 9|consideration of the petition, the board of county commissioners | | | 10|shall ascertain whether proper notice has been given and whether the | | | 11|statements contained in the petition are true. If true, and if a | | | 12|majority of the members of the board of the district to which | | | 13|annexation is desired do not object to such statement, the board of | | | 14|county commissioners shall enter into its minutes such findings and | | | 15|shall set forth insaidthe minutes a description of the new | | | 16|boundaries of such district. Thereafter, residents within the | | | 17|annexed territory shall be entitled to ambulance service. | | | 18| SECTION 14. AMENDATORY 19 O.S. 2001, Section 1214, is | | | 19|amended to read as follows: | | | 20| Section 1214. A. The term of office of every member elected to | | | 21|an original board shall be until the date of annual meeting of the | | | 22|residents of the district of either the first, second, or third year | | | 23|following the year of the incorporation of the district and until | | | 24|their successors are elected and have qualified, and as nearly as | | | arsid460870 ENGR. S. A. TO ENGR. H. B. NO. 1888 Page 15 ___________________________________________________________________________
1|possible the terms of an equal number of directors on any such board | | | 2|shall expire on each ofsaidthe dates. | | | 3| B. At each annual meeting after the year of the election of the | | | 4|original board members, elections shall be held to elect directors | | | 5|to fill any position on the board, the term of office of which has | | | 6|expired, and any director so elected shall hold office for a term of | | | 7|three (3) years and untilhisa successor is elected and has | | | 8|qualified. For the purpose of election of board members and for | | | 9|such other purposes as the bylaws may prescribe, annual meetings of | | | 10|residents shall be held by each district between January 1 and March | | | 11|1 of each year following the year of incorporation of such district. | | | 12| The board of directors shall cause notice of the time and place of | | | 13|each annual meeting and the purpose thereof to be given to each of | | | 14|its participating members. Each resident present shall be entitled | | | 15|to a single vote. | | | 16| SECTION 15. AMENDATORY 19 O.S. 2001, Section 1215, is | | | 17|amended to read as follows: | | | 18| Section 1215. The board of directors shall annually elect a | | | 19|chairman, vice-chairman, secretary, and treasurer for a term of one | | | 20|(1) year and until a successor is elected and has qualified. | | | 21| SECTION 16. AMENDATORY 19 O.S. 2001, Section 1216, is | | | 22|amended to read as follows: | | | 23| Section 1216. It shall be the duty of the chairman of the board | | | 24|of directors to keep in repair equipment, apparatus, and other | | | arsid460870 ENGR. S. A. TO ENGR. H. B. NO. 1888 Page 16 ___________________________________________________________________________
1|property of the district and to operate the same as directed bysaid| | | 2|the board. The chairman and all persons who may perform any service | | | 3|or labor as provided herein shall be paid such just and reasonable | | | 4|compensation as may be allowed by the board of directors andsaid| | | 5|the board shall annually prepare an estimated budget for the coming | | | 6|year and submit such budget to the board of county commissioners for | | | 7|their approval. The board of directors shall cause an annual audit | | | 8|of the district's records and accounts to be made, and shall make a | | | 9|report onsaidthe matters at each annual meeting. | | | 10| SECTION 17. AMENDATORY 19 O.S. 2001, Section 1217, is | | | 11|amended to read as follows: | | | 12| Section 1217. Whenever a petition signed by three-fourths (3/4) | | | 13|of the residents in any district organized under provisions of this | | | 14|act or a petition signed by all of the directors of such district is | | | 15|presented to the board of county commissioners and it shall appear | | | 16|fromsaidthe petition that:that said| | | 17|1. The district owns no property of any kind exclusive of | | | 18|records and files;that all| | | 19| 2. All of its debts and obligations have been fully paid;that| | | 20|theand | | | 21| 3. The district is not functioning, and will probably continue | | | 22|to be inoperative because the board of directors is unable to obtain | | | 23|the necessary financing or for any other reason;, | | | 24| | | | arsid460870 ENGR. S. A. TO ENGR. H. B. NO. 1888 Page 17 ___________________________________________________________________________
1|the board of county commissioners shall, after such finding, issue a | | | 2|certificate stating the allegations insaidthe petition as true and | | | 3|declaringsaidthe district dissolved, and shall make full minutes | | | 4|of such hearing in its journal and deliversaidthe certificate to | | | 5|the secretary ofsaidthe district. The secretary ofsaidthe | | | 6|district shall, within thirty (30) days thereafter, deliver all | | | 7|records and files to the county clerk, and thereuponsaidthe | | | 8|district shall be dissolved. | | | 9| SECTION 18. AMENDATORY 19 O.S. 2001, Section 1218, is | | | 10|amended to read as follows: | | | 11| Section 1218. A. Whenever a district owning facilities and | | | 12|property desires to sell such facilities and property andbecome| | | 13|dissolveddissolve, the board of directors may adopt a resolution | | | 14|setting forth the proposed plan and, upon such plan being approved | | | 15|by three-fourths (3/4) of the residents of such district present at | | | 16|a meeting called for that purpose, such resolution and plan may be | | | 17|submitted to the board of county commissioners. | | | 18| B. If approved by the commissioners, the commissioners shall | | | 19|thereupon authorize the board of directors to carry throughsaidthe | | | 20|plan of sale and shall further authorize the board of directors to | | | 21|wind up the affairs of the district, pay all debts and expenses, and | | | 22|distribute any excess funds to the members on an equal basis. | | | 23|Thereupon the district shall be dissolved as herein provided. | | | 24| | | | arsid460870 ENGR. S. A. TO ENGR. H. B. NO. 1888 Page 18 ___________________________________________________________________________
1| SECTION 19. AMENDATORY 19 O.S. 2001, Section 1219, is | | | 2|amended to read as follows: | | | 3| Section 1219. A. If it becomes apparent that a certain area | | | 4|included within a district cannot be economically or adequately | | | 5|served by the services and facilities of the district, or no longer | | | 6|needs such services or facilities, the residents of such area may | | | 7|petition the county commissioners to release the area from the | | | 8|district. The petition shall describe by section or fraction | | | 9|thereof and by township and range the area affected and be signed by | | | 10|all three-fourths (3/4) of the residents of such area and be | | | 11|endorsed by the board of directors of the district. | | | 12| B. After a finding that the granting of the petition is to the | | | 13|best interests of the affected residents and the district, the board | | | 14|of county commissioners shall issue a certificate stating that the | | | 15|area involved is released and separated from the district. Full | | | 16|minutes of the hearing shall be entered in the journal of the board | | | 17|of county commissioners and the certificate shall be delivered to | | | 18|the secretary of the district who shall, within thirty (30) days, | | | 19|cause the records of the district to be amended to exclude the area | | | 20|affected. | | | 21| SECTION 20. AMENDATORY 19 O.S. 2001, Section 1220, is | | | 22|amended to read as follows: | | | 23| Section 1220. Districts formed hereunder shall be exempt from | | | 24|all excise taxesof whatsoever kind or natureand, further, shall be | | | arsid460870 ENGR. S. A. TO ENGR. H. B. NO. 1888 Page 19 ___________________________________________________________________________
1|exempt from payment of assessments in any general or special taxing | | | 2|district levied upon the property ofsaidthe district, whether | | | 3|real, personal, or mixed. Any and all securities and evidences of | | | 4|indebtedness issued by a district created pursuant tothis actthe | | | 5|Ambulance Service Districts Act and the income interest and capital | | | 6|gains thereon shall not be subject to the income tax laws of this | | | 7|state and persons owning or holdingsaidthe securities and | | | 8|evidences of indebtedness or their heirs, devisees, successors, or | | | 9|assigns shall not be required to pay to the State of Oklahoma income | | | 10|tax upon the profits and capital gains uponsaidthe securities and | | | 11|evidences of indebtedness. | | | 12| SECTION 21. AMENDATORY 19 O.S. 2001, Section 1221, is | | | 13|amended to read as follows: | | | 14| Section 1221. A. Two(2)or more districts organized under | | | 15|this actthe Ambulance Service Districts Act may be consolidated | | | 16|into a single district by complying with the procedures prescribed | | | 17|in this section. | | | 18| B. The proposal for consolidation shall be prepared in written | | | 19|form and shall set forth in detail the reasons for consolidation and | | | 20|the advantages which would accrue to each district from the | | | 21|proposal. The written proposal shall be considered and acted upon | | | 22|by the board of directors from each district affected at a duly | | | 23|called meeting. If the board of directors of each district approves | | | 24|the proposal by resolution, the proposal shall then be submitted to | | | arsid460870 ENGR. S. A. TO ENGR. H. B. NO. 1888 Page 20 ___________________________________________________________________________
1|a vote of the residents of each district present at a regular or | | | 2|special meeting. If the consolidation proposal is not approved by | | | 3|such residents of each district affected such districts may not be | | | 4|consolidated. | | | 5| C. If the proposal is approved by such residents of each | | | 6|district, the boards of directors of the districts desiring to be | | | 7|consolidated shall join in filing a petition, addressed to the board | | | 8|of county commissioners having jurisdiction as provided by this | | | 9|section, for a hearing to consolidate such districts into a single | | | 10|district.SaidThe petition shall set forth the necessity for such | | | 11|consolidation of two(2)or more districts, and that the | | | 12|consolidation ofsaidthe districts shall be conducive to the public | | | 13|health, safety, and welfare, and the purposes for which the | | | 14|districts were organized. The consolidation proposal as approved by | | | 15|the residents and the boards of directors of each district shall be | | | 16|attached to the petition as exhibits. | | | 17| D. If the districts seeking consolidation are situated in one | | | 18|county, the petition shall be filed with the county clerk ofsaid| | | 19|the county, and the board of county commissioners ofsaidthe county | | | 20|shall have jurisdiction to hear and determine the petition. | | | 21| E. If the districts seeking consolidation are situated in | | | 22|different counties the petition shall be filed with the county clerk | | | 23|of the county in which the greatest portion of the area of the | | | 24|proposed consolidated district is located, and the board to | | | arsid460870 ENGR. S. A. TO ENGR. H. B. NO. 1888 Page 21 ___________________________________________________________________________
1|determine the question of consolidation shall consist of the board | | | 2|of county commissioners from each of the counties, and a majority of | | | 3|the combined boards shall be necessary to render a decision. | | | 4| F. Upon receipt ofsaidthe petition, the county clerk shall | | | 5|thereupon give notice to the board or boards of county commissioners | | | 6|of the filing and pendency ofsaidthe petition, whereupon the | | | 7|county commissioners of the county wherein the petition is filed | | | 8|shall enter its order setting hearing, and giving notice of the | | | 9|hearing, all in accordance with the provisions of this act for the | | | 10|creation of districts in the first instance. After the hearing, | | | 11|should the board find that the averments of the petition are true | | | 12|and thatsaidthe districts, or any of them, should be consolidated, | | | 13|the board shall enter its order directing the consolidation of the | | | 14|districts. The order shall set forth the corporate name of the | | | 15|consolidated district under the name of "ConsolidatedRural| | | 16|Ambulance Service District No. __________, __________ County(ies), | | | 17|Oklahoma"."The order shall further provide that the consolidated | | | 18|district shall assume and become legally liable for all of the | | | 19|obligations of the districts consolidated into the single district. | | | 20| G. Following the entry ofsaidthe order, an organizational | | | 21|meeting of the combined residents of each of the districts shall be | | | 22|held for the purpose of electing directors and officers and adopting | | | 23|bylaws. This organizational meeting shall be held in accordance | | | 24| | | | arsid460870 ENGR. S. A. TO ENGR. H. B. NO. 1888 Page 22 ___________________________________________________________________________
1|with the provisions pertaining to the creation and organization of | | | 2|districts. | | | 3| H. From any order of the board, an appeal may be taken in the | | | 4|manner as provided for appeals from decision of the board of county | | | 5|commissioners. All legal proceedings already instituted by or | | | 6|against any district involved in a consolidation proceeding may be | | | 7|revived and continued by or against the consolidated district by an | | | 8|order of the court substituting the name of such consolidated | | | 9|district. | | | 10| SECTION 22. NEW LAW A new section of law to be codified | | | 11|in the Oklahoma Statutes as Section 1-2504.1 of Title 63, unless | | | 12|there is created a duplication in numbering, reads as follows: | | | 13| A. There is a required duty to act upon the acceptance of an | | | 14|ambulance service license. All licensed ambulance services shall | | | 15|respond appropriately, consistent with the level of licensure, when | | | 16|called for emergency service regardless of the patient's ability to | | | 17|pay or the geographical funding districts or boundaries, unless the | | | 18|call originates within a county that has not submitted a plan as | | | 19|required by Section 1203 of Title 19 of the Oklahoma Statutes. | | | 20| B. If the ambulance service cannot physically respond within | | | 21|the limits of the Ambulance Service Districts Act, then the | | | 22|ambulance service called shall immediately call for mutual aid from | | | 23|a neighboring licensed ambulance service. Nonemergency, | | | 24| | | | arsid460870 ENGR. S. A. TO ENGR. H. B. NO. 1888 Page 23 ___________________________________________________________________________
1|interfacility transfers are exempt from the requirements of this | | | 2|subsection. | | | 3| SECTION 23. AMENDATORY 68 O.S. 2001, Section 1370, as | | | 4|last amended by Section 4, Chapter 136, O.S.L. 2007 (68 O.S. Supp. | | | 5|2008, Section 1370), is amended to read as follows: | | | 6| Section 1370. A. Any county of this state may levy a sales tax | | | 7|ofnot to exceed two percent (2%) upon the gross proceeds or gross | | | 8|receipts derived from all sales or services in the county upon which | | | 9|a consumer's sales tax is levied by this state, except as provided | | | 10|for in Section 1210 of Title 19 of the Oklahoma Statutes. Before a | | | 11|sales tax may be levied by the county, the imposition of the tax | | | 12|shall first be approved by a majority of the registered voters of | | | 13|the county voting thereon at a general election in even-numbered | | | 14|years, or a special election in November of odd-numbered years | | | 15|called by the board of county commissioners or by initiative | | | 16|petition signed by not less than five percent (5%) of the registered | | | 17|voters of the county who were registered at the time of the last | | | 18|general election. However, if a majority of the registered voters | | | 19|of a county voting fail to approve such a tax, the board of county | | | 20|commissioners shall not call another special election for such | | | 21|purpose for six (6) months. Any sales tax approved by the | | | 22|registered voters of a county shall be applicable only when the | | | 23|point of sale is within the territorial limits of such county. Any | | | 24|sales tax levied or any change in the rate of a sales tax levied | | | arsid460870 ENGR. S. A. TO ENGR. H. B. NO. 1888 Page 24 ___________________________________________________________________________
1|pursuant to the provisions of this section shall become effective on | | | 2|the first day of the calendar quarter following approval by the | | | 3|voters of the county unless another effective date, which shall also | | | 4|be on the first day of a calendar quarter, is specified in the | | | 5|ordinance or resolution levying the sales tax or changing the rate | | | 6|of sales tax. | | | 7| B. The Oklahoma Tax Commission shall give notice to all vendors | | | 8|of a rate change at least sixty (60) days prior to the effective | | | 9|date of the rate change. Provided, for purchases from printed | | | 10|catalogs wherein the purchaser computed the tax based upon local tax | | | 11|rates published in the catalog, the rate change shall not be | | | 12|effective until the first day of a calendar quarter after a minimum | | | 13|of one hundred twenty (120) days' notice to vendors. Failure to | | | 14|give notice as required by this section shall delay the effective | | | 15|date of the rate change to the first day of the next calendar | | | 16|quarter. | | | 17| C. Initiative petitions calling for a special election | | | 18|concerning county sales tax proposals shall be in accordance with | | | 19|Sections 2, 3, 3.1, 6, 18 and 24 of Title 34 of the Oklahoma | | | 20|Statutes. Petitions shall be submitted to the office of county | | | 21|clerk for approval as to form prior to circulation. Following | | | 22|approval, the petitioner shall have ninety (90) days to secure the | | | 23|required signatures. After securing the requisite number of | | | 24|signatures, the petitioner shall submit the petition and signatures | | | arsid460870 ENGR. S. A. TO ENGR. H. B. NO. 1888 Page 25 ___________________________________________________________________________
1|to the county clerk. Following the verification of signatures, the | | | 2|county clerk shall present the petition to the board of county | | | 3|commissioners. The special election shall be held within sixty (60) | | | 4|days of receiving the petition. The ballot title presented to the | | | 5|voters at the special election shall be identical to the ballot as | | | 6|presented in the initiative petition. | | | 7| D. Subject to the provisions of Section31357.10 of thisact| | | 8|title, all items that are exempt from the state sales tax shall be | | | 9|exempt from any sales tax levied by a county. | | | 10| E. Any sales tax which may be levied by a county shall be | | | 11|designated for a particular purpose. Such purposes may include, but | | | 12|are not limited to, projects owned by the state, any agency or | | | 13|instrumentality thereof, the county and/or any political subdivision | | | 14|located in whole or in part within such county, regional | | | 15|development, economic development, common education, emergency | | | 16|medical services, general operations, capital improvements, county | | | 17|roads, weather modification or any other purpose deemed, by a | | | 18|majority vote of the county commissioners or as stated by initiative | | | 19|petition, to be necessary to promote safety, security and the | | | 20|general well-being of the people. The county shall identify the | | | 21|purpose of the sales tax when it is presented to the voters pursuant | | | 22|to the provisions of subsection A of this section. Except as | | | 23|otherwise provided in this section, the proceeds of any sales tax | | | 24|levied by a county shall be deposited in the general revenue or | | | arsid460870 ENGR. S. A. TO ENGR. H. B. NO. 1888 Page 26 ___________________________________________________________________________
1|sales tax revolving fund of the county and shall be used only for | | | 2|the purpose for which such sales tax was designated. If the | | | 3|proceeds of any sales tax levied by a county pursuant to this | | | 4|section are pledged for the purpose of retiring indebtedness | | | 5|incurred for the specific purpose for which the sales tax is | | | 6|imposed, the sales tax shall not be repealed until such time as the | | | 7|indebtedness is retired. However, in no event shall the life of the | | | 8|tax be extended beyond the duration approved by the voters of the | | | 9|county. | | | 10| F. 1. Notwithstanding any other provisions of law, any county | | | 11|that has approved a sales tax for the construction, support or | | | 12|operation of a county hospital may continue to collect such tax if | | | 13|such hospital is subsequently sold. Such collection shall only | | | 14|continue if the county remains indebted for the past construction, | | | 15|support or operation of such hospital. The collection may continue | | | 16|only until the debt is repaid or for the stated term of the sales | | | 17|tax, whichever period is shorter. | | | 18| 2. If the construction, support or operation of a hospital is | | | 19|funded through the levy of a county sales tax pursuant to this | | | 20|section and such hospital is subsequently sold, the county levying | | | 21|the tax may dissolve the governing board of such hospital following | | | 22|the sale. Upon the sale of the hospital and dissolution of any | | | 23|governing board, the county is relieved of any future liability for | | | 24|the operation of such hospital. | | | arsid460870 ENGR. S. A. TO ENGR. H. B. NO. 1888 Page 27 ___________________________________________________________________________
1| G. Proceeds from any sales tax levied that is designated to be | | | 2|used solely by the sheriff for the operation of the office of | | | 3|sheriff shall be placed in the special revenue account of the | | | 4|sheriff. | | | 5| H. The life of the tax could be limited or unlimited in | | | 6|duration. The county shall identify the duration of the tax when it | | | 7|is presented to the voters pursuant to the provisions of subsections | | | 8|A and C of this section. | | | 9| I. There are hereby created one or more county sales tax | | | 10|revolving funds in each county which levies a sales tax under this | | | 11|section if any or all of the proceeds of such tax are not to be | | | 12|deposited in the general revenue fund of the county or comply with | | | 13|the provisions of subsection G of this section. Each such revolving | | | 14|fund shall be designated for a particular purpose and shall consist | | | 15|of all monies generated by such sales tax which are designated for | | | 16|such purpose. Monies in such funds shall only be expended for the | | | 17|purposes specifically designated as required by this section. A | | | 18|county sales tax revolving fund shall be a continuing fund not | | | 19|subject to fiscal year limitations. | | | 20| SECTION 24. This act shall become effective November 1, 2009." | | | 21| Passed the Senate the 20th day of April, 2009. | | | 22| | | | 23| | | Presiding Officer of the Senate | 24| | | | arsid460870 ENGR. S. A. TO ENGR. H. B. NO. 1888 Page 28 ___________________________________________________________________________
1| Passed the House of Representatives the ____ day of __________, | | | 2|2009. | | | 3| | | | 4| | | Presiding Officer of the House | 5| of Representatives | | | 6| | | | 7| | | | 8| | | | 9| | | | 10| | | | 11| | | | 12| | | | 13| | | | 14| | | | 15| | | | 16| | | | 17| | | | 18| | | | 19| | | | 20| | | | 21| | | | 22| | | | 23| | | | 24| | | | arsid460870 ENGR. S. A. TO ENGR. H. B. NO. 1888 Page 29©2008-09 eCapitol, LLC. All rights reserved.
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