Bill Text For SB0471 - Senate Floor Version

 1|                        SENATE FLOOR VERSION                           |
  |                          February 28, 2019                            |
 2|                             AS AMENDED                                |
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 3|SENATE BILL NO. 471                  By: Dugger of the Senate          |
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 4|                                         and                           |
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 5|                                         Talley of the House           |
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 8|       An Act relating to cities and towns; creating the               |
  |       Oklahoma Public Safety Protection District Act;                 |
 9|       permitting municipalities to initiate creation of a             |
  |       public safety protection district; directing a                  |
10|       resolution be submitted to the registered voters of             |
  |       the municipality; conferring powers; describing                 |
11|       territory of the public safety protection district;             |
  |       providing for management and budgetary oversight;               |
12|       declaring a public safety protection district to be a           |
  |       political subdivision; requiring municipality to pay            |
13|       for election in proportions determined by county;               |
  |       providing for notice of election; stating question to           |
14|       be worded on the ballot; describing eligible voters;            |
  |       providing for conduct of election subject to general            |
15|       election laws; requiring majority of votes cast to              |
  |       establish district; directing filing of ordinance or            |
16|       resolution; providing for levy of annual assessment             |
  |       on certain property based on assessed value and                 |
17|       specifying purpose thereof; specifying types of                 |
  |       property to be assessed; providing exemptions;                  |
18|       providing for a lien against property if assessment             |
  |       is unpaid; stating priority of lien; directing                  |
19|       specified accounting procedures by certain county               |
  |       officers; directing certain costs be paid from the              |
20|       proceeds of the district; requiring interest to be              |
  |       charged on delinquent assessment; permitting                    |
21|       dissolution of a public safety protection district              |
  |       and describing process therefor; defining term;                 |
22|       providing for codification; and providing an                    |
  |       effective date.                                                 |
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 1|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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 2|    SECTION 1.     NEW LAW     A new section of law to be codified     |
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 3|in the Oklahoma Statutes as Section 29-151 of Title 11, unless there   |
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 4|is created a duplication in numbering, reads as follows:               |
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 5|    This act shall be known and may be cited as the "Oklahoma Public   |
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 6|Safety Protection District Act".                                       |
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 7|    SECTION 2.     NEW LAW     A new section of law to be codified     |
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 8|in the Oklahoma Statutes as Section 29-152 of Title 11, unless there   |
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 9|is created a duplication in numbering, reads as follows:               |
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10|    The governing body of a municipality may initiate the creation     |
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11|of a public safety protection district by the adoption of a            |
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12|resolution calling for the question to be placed before the            |
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13|registered voters of the municipality of whether to organize a         |
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14|public safety protection district.  The resolution shall be            |
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15|submitted to the registered voters of the municipality at the next     |
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16|general election.  When a district is organized, it shall have the     |
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17|powers conferred by the Oklahoma Public Safety Protection District     |
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18|Act.                                                                   |
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19|    SECTION 3.     NEW LAW     A new section of law to be codified     |
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20|in the Oklahoma Statutes as Section 29-153 of Title 11, unless there   |
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21|is created a duplication in numbering, reads as follows:               |
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22|    A.  A public safety protection district shall include all          |
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23|territory located within the municipality.                             |
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 1|    B.  Management of the public safety protection district, as well   |
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 2|as management of any employee hired from district funds, shall be      |
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 3|vested within the existing administration of the municipal             |
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 4|government that created the district.                                  |
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 5|    C.  Budgetary oversight shall be vested within the existing        |
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 6|legislative body of the municipal government that created the          |
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 7|district.                                                              |
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 8|    D.  A public safety protection district created pursuant to this   |
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 9|act shall be deemed a political subdivision of this state.             |
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10|    SECTION 4.     NEW LAW     A new section of law to be codified     |
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11|in the Oklahoma Statutes as Section 29-154 of Title 11, unless there   |
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12|is created a duplication in numbering, reads as follows:               |
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13|    A.  The costs of an election to establish a district shall be      |
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14|paid by the municipality in the proportions determined by the county   |
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15|election board conducting the special election.                        |
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16|    B.  The election to determine whether a district shall be          |
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17|established, and the notice thereof, shall be conducted in the same    |
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18|manner as other municipal questions which are submitted to the         |
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19|electorate of the municipality.  The notice shall require the          |
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20|registered voters of the municipality to cast ballots which contain    |
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21|the words: "Public Safety Protection District  Yes" and "Public        |
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22|Safety Protection District  No" or words equivalent thereto.  All      |
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23|residents of the municipality who are qualified electors shall be      |
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24|qualified to vote on the proposition.  The public safety protection    |
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 1|district election shall be conducted in accordance with the general    |
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 2|election laws of the state, and the regular election officials shall   |
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 3|be in charge at the usual polling place of each regular precinct, or   |
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 4|part of a precinct, which shall include lands within the boundaries    |
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 5|of the municipality.                                                   |
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 6|    SECTION 5.     NEW LAW     A new section of law to be codified     |
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 7|in the Oklahoma Statutes as Section 29-155 of Title 11, unless there   |
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 8|is created a duplication in numbering, reads as follows:               |
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 9|    If the certified election results show that a sixty percent        |
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10|(60%) majority of all the votes cast are "Public Safety Protection     |
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11|District  Yes", the governing body of the municipality shall, by       |
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12|adoption of an ordinance or resolution or both an ordinance and        |
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13|resolution, declare the public safety protection district              |
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14|established.  Any ordinances or resolutions establishing a public      |
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15|safety protection district shall be filed in the office of the         |
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16|county clerk in the county in which the district is located.           |
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17|    SECTION 6.     NEW LAW     A new section of law to be codified     |
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18|in the Oklahoma Statutes as Section 29-156 of Title 11, unless there   |
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19|is created a duplication in numbering, reads as follows:               |
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20|    A.  There shall be levied an annual assessment no greater than     |
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21|two (2) mills on the dollar of assessed value of the types of          |
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22|property in the district as provided in paragraphs 1, 2 and 3 of       |
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23|subsection A of Section 2803 of Title 68 of the Oklahoma Statutes,     |
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24|the proceeds of which shall be used for the operation and              |
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 1|maintenance of the public safety protection district, including        |
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 2|expenses related to purchasing and maintaining public safety           |
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 3|equipment and payment of salaries and benefits of the city employees   |
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 4|who provide law enforcement or fire protection public safety           |
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 5|services or both law enforcement and fire protection services within   |
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 6|the district, and costs assessed for housing prisoners of the          |
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 7|municipality in the county jail.  Such proceeds may also be used for   |
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 8|payment of any costs related to fire and police operations and jail    |
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 9|operations.  Such assessment shall only be levied on the types of      |
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10|property located in the district as provided in paragraphs 1, 2 and    |
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11|3 of subsection A of Section 2803 of Title 68 of the Oklahoma          |
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12|Statutes.                                                              |
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13|    B.  The annual assessment provided in subsection A of this         |
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14|section shall not apply to real property zoned for agricultural or     |
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15|industrial land use, livestock employed in support of the family and   |
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16|personal property owned by for-profit business entities.               |
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17|    SECTION 7.     NEW LAW     A new section of law to be codified     |
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18|in the Oklahoma Statutes as Section 29-157 of Title 11, unless there   |
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19|is created a duplication in numbering, reads as follows:               |
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20|    Every assessment levied under the authority of the Oklahoma        |
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21|Public Safety Protection District Act shall be a lien against the      |
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22|tract of land on which it has been levied, until paid, and the lien    |
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23|shall be coequal with the lien of ad valorem and other taxes,          |
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24|including special assessments, and prior and superior to all other     |
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 1|liens, and the assessment shall draw interest and shall be collected   |
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 2|in the same manner as ad valorem taxes.                                |
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 3|    SECTION 8.     NEW LAW     A new section of law to be codified     |
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 4|in the Oklahoma Statutes as Section 29-158 of Title 11, unless there   |
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 5|is created a duplication in numbering, reads as follows:               |
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 6|    The county assessor shall compute and enter in respective          |
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 7|columns of the tax rolls the respective sums in dollars and cents to   |
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 8|be paid on each piece of property therein enumerated.  The county      |
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 9|clerk shall certify to the county treasurer in the county where the    |
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10|district or any part thereof is located the amount of assessment in    |
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11|each fund levied upon each tract.  The county treasurer shall enter    |
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12|the amount of each in separate columns of the tax list of the          |
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13|county.  The assessments shall be collected by the county treasurer    |
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14|at the same time and in the same manner as all other taxes are         |
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15|collected in this state.  Costs associated with the collection of      |
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16|the assessments incurred by the county treasurer shall be paid from    |
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17|the proceeds of the district.  If any assessment becomes delinquent,   |
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18|it shall draw interest as a penalty after delinquency at the rate of   |
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19|eighteen percent (18%) per annum.  All assessments and penalties       |
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20|collected or received by the county treasurer pursuant to the          |
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21|Oklahoma Public Safety Protection District Act shall be paid to the    |
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22|municipal treasurers in their proportionate amounts for the benefit    |
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23|of the public safety protection district.                              |
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 1|    SECTION 9.     NEW LAW     A new section of law to be codified     |
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 2|in the Oklahoma Statutes as Section 29-159 of Title 11, unless there   |
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 3|is created a duplication in numbering, reads as follows:               |
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 4|    A public safety protection district may be dissolved by a          |
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 5|majority vote of the registered voters at an election called for       |
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 6|that purpose by the governing body of the municipality.                |
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 7|    SECTION 10.     NEW LAW     A new section of law to be codified    |
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 8|in the Oklahoma Statutes as Section 29-160 of Title 11, unless there   |
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 9|is created a duplication in numbering, reads as follows:               |
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10|    As used in the Oklahoma Public Safety Protection District Act,     |
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11|"public safety protection" means the operations of law enforcement     |
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12|or fire public safety protections or both law enforcement and fire     |
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13|public safety protections in and for the municipality.  Such           |
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14|operations shall also include the housing of prisoners of the          |
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15|municipality in the county jail, and emergency medical services        |
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16|provided by the municipal fire department.                             |
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17|    SECTION 11.  This act shall become effective November 1, 2019.     |
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18|COMMITTEE REPORT BY: COMMITTEE ON GENERAL GOVERNMENT                   |
  |February 28, 2019 - DO PASS AS AMENDED.  Withdrawn from                |
19|Appropriations Committee March 5, 2019.                                |
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