Bill Text For SB0838 - House Floor Version

 1|              HOUSE OF REPRESENTATIVES - FLOOR VERSION                 |
  |                                                                       |
 2|                          STATE OF OKLAHOMA                            |
  |                                                                       |
 3|             1st Session of the 58th Legislature (2021)                |
  |                                                                       |
 4|ENGROSSED SENATE                                                       |
  |BILL NO. 838                         By: Weaver, Leewright, Haste,     |
 5|                                         Dossett (J.A.), Hicks,        |
  |                                         Montgomery, Dossett (J.J.),   |
 6|                                         Rader, Bullard and Garvin     |
  |                                         of the Senate                 |
 7|                                                                       |
  |                                         and                           |
 8|                                                                       |
  |                                         Nollan, Hilbert,              |
 9|                                         Rosecrants, Waldron,          |
  |                                         Provenzano and Sims of the    |
10|                                                               House   |
  |                                                                       |
11|                                                                       |
  |                                                                       |
12|                                                                       |
  |                                                                       |
13|       An Act relating to cities and towns; creating the               |
  |       Oklahoma Public Safety Protection District Act;                 |
14|       permitting municipalities to initiate creation of a             |
  |       public safety protection district; directing a                  |
15|       resolution be submitted to the registered voters of             |
  |       each municipality; conferring powers; describing                |
16|       territory of the public safety protection district;             |
  |       providing for management and budgetary oversight;               |
17|       declaring a public safety protection district to be a           |
  |       political subdivision; requiring municipality to pay            |
18|       for election in proportions determined by county;               |
  |       providing for notice of election; stating question to           |
19|       be worded on the ballot; describing eligible voters;            |
  |       providing for conduct of election subject to general            |
20|       election laws; requiring majority of votes cast to              |
  |       establish district; directing filing of ordinance or            |
21|       resolution; providing for levy of annual assessment             |
  |       on certain property based on assessed value and                 |
22|       specifying purpose thereof; specifying types of                 |
  |       property to be assessed; providing exemptions;                  |
23|       providing for a lien against property if assessment             |
  |       is unpaid; stating priority of lien; directing                  |
24|       specified accounting procedures by certain county               |
  |       officers; directing certain costs be paid from the              |
arsid1846528 (Floor Amendments Only)                               Page 1
___________________________________________________________________________

 1|       proceeds of the district; requiring interest to be              |
  |       charged on delinquent assessment; permitting                    |
 2|       dissolution of a public safety protection district              |
  |       and describing process therefor; defining term;                 |
 3|       providing for codification; and providing an                    |
  |       effective date.                                                 |
 4|                                                                       |
  |                                                                       |
 5|                                                                       |
  |                                                                       |
 6|                                                                       |
  |                                                                       |
 7|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
  |                                                                       |
 8|    SECTION 1.     NEW LAW     A new section of law to be codified     |
  |                                                                       |
 9|in the Oklahoma Statutes as Section 29-151 of Title 11, unless there   |
  |                                                                       |
10|is created a duplication in numbering, reads as follows:               |
  |                                                                       |
11|    This act shall be known and may be cited as the "Oklahoma Public   |
  |                                                                       |
12|Safety Protection District Act".                                       |
  |                                                                       |
13|    SECTION 2.     NEW LAW     A new section of law to be codified     |
  |                                                                       |
14|in the Oklahoma Statutes as Section 29-152 of Title 11, unless there   |
  |                                                                       |
15|is created a duplication in numbering, reads as follows:               |
  |                                                                       |
16|    The governing body of a municipality may initiate the creation     |
  |                                                                       |
17|of a public safety protection district by the adoption of a            |
  |                                                                       |
18|resolution calling for the question to be placed before the            |
  |                                                                       |
19|registered voters of the municipality of whether to organize a         |
  |                                                                       |
20|public safety protection district.  The resolution shall be            |
  |                                                                       |
21|submitted to the registered voters of the municipality at the next     |
  |                                                                       |
22|general election.  When a district is organized, it shall have the     |
  |                                                                       |
23|powers conferred by this act.                                          |
  |                                                                       |
24|                                                                       |
  |                                                                       |
arsid1846528 (Floor Amendments Only)                               Page 2
___________________________________________________________________________

 1|    SECTION 3.     NEW LAW     A new section of law to be codified     |
  |                                                                       |
 2|in the Oklahoma Statutes as Section 29-153 of Title 11, unless there   |
  |                                                                       |
 3|is created a duplication in numbering, reads as follows:               |
  |                                                                       |
 4|    A.  A public safety protection district shall include all          |
  |                                                                       |
 5|territory located within the municipality.                             |
  |                                                                       |
 6|    B.  Management of the public safety protection district, as well   |
  |                                                                       |
 7|as management of any employee hired from district funds, shall be      |
  |                                                                       |
 8|vested within the existing administration of the municipal             |
  |                                                                       |
 9|government that created the district.                                  |
  |                                                                       |
10|    C.  Budgetary oversight shall be vested within the existing        |
  |                                                                       |
11|legislative body of the municipal government that created the          |
  |                                                                       |
12|district.                                                              |
  |                                                                       |
13|    SECTION 4.     NEW LAW     A new section of law to be codified     |
  |                                                                       |
14|in the Oklahoma Statutes as Section 29-154 of Title 11, unless there   |
  |                                                                       |
15|is created a duplication in numbering, reads as follows:               |
  |                                                                       |
16|    A.  The costs of an election to establish a public safety          |
  |                                                                       |
17|protection district shall be paid by the municipality in the           |
  |                                                                       |
18|proportions determined by the county election board conducting the     |
  |                                                                       |
19|special election.                                                      |
  |                                                                       |
20|    B.  The election to determine whether a district shall be          |
  |                                                                       |
21|established, and the notice thereof, shall be conducted in the same    |
  |                                                                       |
22|manner as other municipal questions which are submitted to the         |
  |                                                                       |
23|electorate of the municipality.  The notice shall require the          |
  |                                                                       |
24|registered voters of the municipality to cast ballots which contain    |
  |                                                                       |
arsid1846528 (Floor Amendments Only)                               Page 3
___________________________________________________________________________

 1|the words: "Public Safety Protection District  Yes" and "Public        |
  |                                                                       |
 2|Safety Protection District  No" or words equivalent thereto.  All      |
  |                                                                       |
 3|residents of the municipality who are qualified electors shall be      |
  |                                                                       |
 4|qualified to vote on the proposition.  The public safety protection    |
  |                                                                       |
 5|district election shall be conducted in accordance with the general    |
  |                                                                       |
 6|election laws of the state, and the regular election officials shall   |
  |                                                                       |
 7|be in charge at the usual polling place of each regular precinct, or   |
  |                                                                       |
 8|part of a precinct, which shall include lands within the boundaries    |
  |                                                                       |
 9|of the municipality.                                                   |
  |                                                                       |
10|    SECTION 5.     NEW LAW     A new section of law to be codified     |
  |                                                                       |
11|in the Oklahoma Statutes as Section 29-155 of Title 11, unless there   |
  |                                                                       |
12|is created a duplication in numbering, reads as follows:               |
  |                                                                       |
13|    If the certified election results show that a sixty percent        |
  |                                                                       |
14|(60%) majority of all the votes cast are "Public Safety Protection     |
  |                                                                       |
15|District  Yes", the governing body of the municipality shall, by       |
  |                                                                       |
16|adoption of an ordinance or resolution or both an ordinance and        |
  |                                                                       |
17|resolution, declare the public safety protection district              |
  |                                                                       |
18|established.  Any ordinances or resolutions establishing a public      |
  |                                                                       |
19|safety protection district shall be filed in the office of the         |
  |                                                                       |
20|county clerk in the county.                                            |
  |                                                                       |
21|    SECTION 6.     NEW LAW     A new section of law to be codified     |
  |                                                                       |
22|in the Oklahoma Statutes as Section 29-156 of Title 11, unless there   |
  |                                                                       |
23|is created a duplication in numbering, reads as follows:               |
  |                                                                       |
24|                                                                       |
  |                                                                       |
arsid1846528 (Floor Amendments Only)                               Page 4
___________________________________________________________________________

 1|    A.  There shall be levied an annual assessment no greater than     |
  |                                                                       |
 2|five (5) mills on the dollar of assessed value of the types of         |
  |                                                                       |
 3|property in the district as provided in paragraphs 1, 2 and 3 of       |
  |                                                                       |
 4|subsection A of Section 2803 of Title 68 of the Oklahoma Statutes,     |
  |                                                                       |
 5|the proceeds of which shall be used for the operation and              |
  |                                                                       |
 6|maintenance of the public safety protection district including         |
  |                                                                       |
 7|expenses related to any of the following, or combination of the        |
  |                                                                       |
 8|following purposes:                                                    |
  |                                                                       |
 9|    1.  Purchasing and maintaining public safety equipment;            |
  |                                                                       |
10|    2.  Purchasing and maintaining public safety vehicles;             |
  |                                                                       |
11|    3.  Payment of salaries and benefits of the municipal employees    |
  |                                                                       |
12|who provide law enforcement or fire protection public safety           |
  |                                                                       |
13|services or both law enforcement and fire protection public safety     |
  |                                                                       |
14|services within the district;                                          |
  |                                                                       |
15|    4.  Payment of salaries and benefits of the municipal employees    |
  |                                                                       |
16|who provide emergency medical services; or                             |
  |                                                                       |
17|    5.  Payment for emergency medical services provided by the         |
  |                                                                       |
18|municipality.                                                          |
  |                                                                       |
19|    Such proceeds may also be used for payment of any costs related    |
  |                                                                       |
20|to fire and police operations.  Such assessment shall only be levied   |
  |                                                                       |
21|on the types of property located in the district as provided in        |
  |                                                                       |
22|paragraphs 1, 2 and 3 of subsection A of Section 2803 of Title 68 of   |
  |                                                                       |
23|the Oklahoma Statutes.                                                 |
  |                                                                       |
24|                                                                       |
  |                                                                       |
arsid1846528 (Floor Amendments Only)                               Page 5
___________________________________________________________________________

 1|    B.  The annual assessment provided in subsection A of this         |
  |                                                                       |
 2|section shall not apply to real property zoned for agricultural or     |
  |                                                                       |
 3|industrial land use, livestock employed in support of the family,      |
  |                                                                       |
 4|implements of husbandry as defined by Section 1-125 of Title 47 of     |
  |                                                                       |
 5|the Oklahoma Statutes, personal property owned by agricultural         |
  |                                                                       |
 6|business entities and public service corporations as defined by        |
  |                                                                       |
 7|Section 2808 of Title 68 of the Oklahoma Statutes.                     |
  |                                                                       |
 8|    SECTION 7.     NEW LAW     A new section of law to be codified     |
  |                                                                       |
 9|in the Oklahoma Statutes as Section 29-157 of Title 11, unless there   |
  |                                                                       |
10|is created a duplication in numbering, reads as follows:               |
  |                                                                       |
11|    Every assessment levied under the authority of this act shall be   |
  |                                                                       |
12|a lien against the tract of land on which it has been levied, until    |
  |                                                                       |
13|paid, and the lien shall be coequal with the lien of ad valorem and    |
  |                                                                       |
14|other taxes including special assessments, and prior and superior to   |
  |                                                                       |
15|all other liens, and the assessment shall draw interest and shall be   |
  |                                                                       |
16|collected in the same manner as ad valorem taxes.                      |
  |                                                                       |
17|    SECTION 8.     NEW LAW     A new section of law to be codified     |
  |                                                                       |
18|in the Oklahoma Statutes as Section 29-158 of Title 11, unless there   |
  |                                                                       |
19|is created a duplication in numbering, reads as follows:               |
  |                                                                       |
20|    The county assessor shall compute and enter in respective          |
  |                                                                       |
21|columns of the tax rolls the respective sums in dollars and cents to   |
  |                                                                       |
22|be paid on each piece of property therein enumerated.  The county      |
  |                                                                       |
23|clerk shall certify to the county treasurer in the county where the    |
  |                                                                       |
24|district or any part thereof is located the amount of assessment in    |
  |                                                                       |
arsid1846528 (Floor Amendments Only)                               Page 6
___________________________________________________________________________

 1|each fund levied upon each tract.  The county treasurer shall enter    |
  |                                                                       |
 2|the amount of each in separate columns of the tax list of the          |
  |                                                                       |
 3|county.  The assessments shall be collected by the county treasurer    |
  |                                                                       |
 4|at the same time and in the same manner as all other taxes are         |
  |                                                                       |
 5|collected in this state.  Costs associated with the collection of      |
  |                                                                       |
 6|the assessments incurred by the county treasurer shall be paid from    |
  |                                                                       |
 7|the proceeds of the district.  If any assessment becomes delinquent,   |
  |                                                                       |
 8|it shall draw interest as a penalty after delinquency at the rate of   |
  |                                                                       |
 9|eighteen percent (18%) per annum.  All assessments and penalties       |
  |                                                                       |
10|collected or received by the county treasurer pursuant to this act     |
  |                                                                       |
11|shall be paid to the municipal treasurers for the benefit of the       |
  |                                                                       |
12|public safety protection district.                                     |
  |                                                                       |
13|    SECTION 9.     NEW LAW     A new section of law to be codified     |
  |                                                                       |
14|in the Oklahoma Statutes as Section 29-159 of Title 11, unless there   |
  |                                                                       |
15|is created a duplication in numbering, reads as follows:               |
  |                                                                       |
16|    A public safety protection district may be dissolved by a          |
  |                                                                       |
17|majority vote of the registered voters at an election called for       |
  |                                                                       |
18|that purpose by the governing body of the municipality.                |
  |                                                                       |
19|    SECTION 10.     NEW LAW     A new section of law to be codified    |
  |                                                                       |
20|in the Oklahoma Statutes as Section 29-160 of Title 11, unless there   |
  |                                                                       |
21|is created a duplication in numbering, reads as follows:               |
  |                                                                       |
22|    As used in this act, "public safety protection" means any of, or   |
  |                                                                       |
23|combinations of, the following operations:                             |
  |                                                                       |
24|    1.  Law enforcement;                                               |
  |                                                                       |
arsid1846528 (Floor Amendments Only)                               Page 7
___________________________________________________________________________

 1|    2.  Fire public safety protections; or                             |
  |                                                                       |
 2|    3.  Emergency medical services provided by the municipality.       |
  |                                                                       |
 3|    SECTION 11.  This act shall become effective November 1, 2021.     |
  |                                                                       |
 4|                                                                       |
  |                                                                       |
 5|COMMITTEE REPORT BY: COMMITTEE ON GENERAL GOVERNMENT, dated            |
  |04/01/2021 - DO PASS, As Coauthored.                                   |
 6|                                                                       |
  |                                                                       |
 7|                                                                       |
  |                                                                       |
 8|                                                                       |
  |                                                                       |
 9|                                                                       |
  |                                                                       |
10|                                                                       |
  |                                                                       |
11|                                                                       |
  |                                                                       |
12|                                                                       |
  |                                                                       |
13|                                                                       |
  |                                                                       |
14|                                                                       |
  |                                                                       |
15|                                                                       |
  |                                                                       |
16|                                                                       |
  |                                                                       |
17|                                                                       |
  |                                                                       |
18|                                                                       |
  |                                                                       |
19|                                                                       |
  |                                                                       |
20|                                                                       |
  |                                                                       |
21|                                                                       |
  |                                                                       |
22|                                                                       |
  |                                                                       |
23|                                                                       |
  |                                                                       |
24|                                                                       |
  |                                                                       |
arsid1846528 (Floor Amendments Only)                               Page 8
© 2010-21 eCapitol, LLC. ALL RIGHTS RESERVED.

As provided by this agreement access to bill tracking / capitol news services is restricted to the registered User. The User shall have no right to divulge, publish, loan, give or sell any of the information provided under this agreement. Information retrieved from system may not be reproduced, transmitted, transcribed, stored in a retrieval system or translated into any language in any form by any means without the written permission of eCapitol, LLC. All other rights reserved. If a person uses a copyrighted work without permission of the rights holder, he or she is open to a charge of copyright infringement. Additional terms and conditions governing the access to and use of eCapitol website and the services and materials provided by eCapitol are set forth in the eCapitol Subscriber Agreement posted on the eCapitol website.