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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
HOUSE JOINT
RESOLUTION 1028 By: Roberts (Dustin)
AS INTRODUCED
A Joint Resolution directing the Secretary of State
to refer to the people for their approval or
rejection a proposed amendment to Section 9C of
Article X of the Constitution of the State of
Oklahoma; modifying certain maximum authorized
millage rate; providing ballot title; and directing
filing.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES AND THE SENA TE OF THE
1ST SESSION OF THE 58TH OKLAHOMA LEGISLATURE:
SECTION 1. The Secretary of State shall refer to the people for
their approval or rejection, as and in the manner provided by law,
the following proposed amendment to Section 9C of Article X of the
Constitution of the State of Oklahoma to read as follows:
Section 9C. Emergency Medical Service Districts
(a) The board of county commissioners, or boards if more than
one county is involved, may call a special election to determine
whether or not an ambulance service district shall be formed. An
election shall also be called by the board or boards involved upon
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petition signed by not less than ten percent (10%) of the registered
voters of the area affected. Said area may embrace a county , a part
thereof, or more than one county or parts thereof, and in the event
the area covers only a part or parts of one or more counties, the
area must follow school district boundary lines. All registered
voters in such area shall be entitled to vote, a s to whether or not
such district shall be formed, and at the same time and in the same
question authorize a tax levy not to exceed three (3) ten (10) mills
for the purpose of providing funds for the purpose of support,
organization, operation and maintena nce of district ambulance
services, known as emergency medical service districts and
hereinafter referred to as "districts." If the formation of the
district and the mill levy is approved by a majority of the votes
cast, a special annual recurring ad valo rem tax levy of not more
than three (3) ten (10) mills on the dollar of the assessed
valuation of all taxable property in the district shall be levied.
The number of mills shall be set forth in the election proclamation,
and may be increased in a later el ection, not to exceed a total levy
of three (3) ten (10) mills. This special levy shall be in addition
to all other levies and when authorized shall be made each fiscal
year thereafter.
Each district which is herein authorized, or established, shall
have a board of trustees composed of not less than five members.
Such trustees shall be chosen jointly by the board or boards of
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county commissioners, provided that such membership shall be
composed of not less than one individual from each county or part
thereof which is included in said district.
Original members of the board of trustees shall hold office, as
follows: At the first meeting of said board, board members shall
draw lots to determine each trustee 's original length of term in
office. The number o f lots to be provided shall be equal to the
number of original members of the board, and lots shall be numbered
sequentially from one through five, with lots in excess of the fifth
lot being also numbered sequentially from one through five until all
lots are numbered. Each original member or members added by an
expansion area of the board shall hold office for the number of
years indicated on his or her lot. Each year, as necessary, the
board or boards of county commissioners shall appoint successors to
such members of the board of trustees whose terms have expired, and
such subsequent appointments shall be for terms of five (5) years.
Such board of trustees shall have the power and duty to
promulgate and adopt such rules, procedures and contract provision s
necessary to carry out the purposes and objectives of these
provisions, and shall individually post such bond as required by the
county commissioners, which shall not be less than Ten Thousand
Dollars ($10,000.00).
The district board of trustees shall ha ve the additional powers
to hire a manager and appropriate personnel, contract, organize,
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maintain or otherwise operate the emergency medical services within
said district and such additional powers as may be authorized by the
Legislature.
(b) Any district board of trustees may issue bonds, if approved
by a majority vote at a special election for such purpose. All
registered voters within the designated district shall have the
right to vote in said election. Such bonds shall be issued for the
purpose of acquiring emergency vehicles and other equipment and
maintaining and housing the same.
(c) The bonds authorized above shall not bear interest at a
greater rate than that authorized by statute for the issuance of
city municipal bonds. Such bonds shall be sold only at public sale
after twenty (20) days ' advertisement in a newspaper for publication
of legal notices with circulation in the district. Any district may
refund its bonds as is now provided by law for refunding municipal
bonds.
(d) Any district board of trustees, upon issuing bonds as
authorized in subsection (b) of this section, shall levy a special
annual ad valorem tax upon the property within the district, payable
annually, in a total amount not to exceed three (3) mills on the
dollar, on the real and personal taxable property in such district,
for the payment of principal and interest on outstanding bonds,
until same are paid. However, the trustees may, from time to time,
suspend the collection of such annual levy when not required for the
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payment of the bonds. In no event shall the real and personal
taxable property in any city or town be subject to a special tax in
excess of three (3) mills for the payment of bonds issued hereunder.
(e) There may also be pledged to the payment of principal and
interest of the bonds herein authorized to be issued: (1) any net
proceeds from operation of the district that the board of trustees
of the district shall deem not necessary to the future operation and
maintenance of said emergency medical service; o r (2) any monies
available from other funds of the district not otherwise obligated.
(f) Bonds shall be issued for designated sums with serial
numbers thereon and maturing annually after three (3) years from
date of issue. All bonds and interest thereon shall be paid upon
maturity and no bonds shall be issued for a period longer than
thirty (30) years. Any district board of trustees may in its
discretion schedule the payment of principal over the thirty -year
period so that when interest is added there wi ll be approximately
level annual payments of principal and interest.
(g) In the event the mill levy as set forth in the original
election proclamation is less than three (3) mills, the board of
trustees may request the county commissioners to call a subse quent
election to consider increasing the mill levy; provided, however,
the total levy authorized by subsection (a) hereof shall not exceed
three (3) ten (10) mills.
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(h) The board of trustees of any district shall have
jurisdiction over the sale or refund ing of any bonds issued by the
district and shall be responsible for the economical expenditure of
the funds derived from the bonds.
(i) Such districts shall be empowered to charge fees for
services, and accept gifts, funds or grants from sources other th an
the mill levy, which shall be used and accounted for in a like
manner. Persons served outside the district shall be charged an
amount equal to the actual costs for the service, not taking into
account any income the district receives from millage or so urces
within the district. The board of trustees shall have legal
authority to bring suits necessary to collect accounts owed and to
sue and defend as necessary for the protection of the board. The
State Auditor and Inspector shall conduct an annual audi t of the
operations of such districts.
(j) Any emergency medical service district may expand to
include other counties or parts thereof, provided that an election
is called by the county commissioners whose county or counties, or
parts thereof, are to be added to in the established district; and
provided further, that the county commissioners in the original
district concur in the calling of said election. The proposed
expansion area shall only be added to the original district if
approved separately by a majority vote, by the voters in both the
original district and in the expansion area, at an election called
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for that purpose. The county in which the expansion area is located
shall have not less than one member on the board of trustees.
Appropriate millage or other approved method of financial support
shall be levied in the expansion area, when said area is added to
the original district which millage shall be levied at the rate used
to cover operational costs and outstanding bonded indebtedness as
provided in Section 9C, (d) and (e), Article X.
(k) Any county or parts thereof may withdraw from a district
provided that an election is called by the county commissioners of
the county whose county or parts thereof is to be withdrawn from the
district. The county or parts thereof shall be withdrawn from the
district if approved by a majority vote of the voters in the county
at an election called for such purpose. If the county commissioners
are presented a petition signed by not less than twenty percent
(20%) of all registered voters in the county, the county
commissioners shall call an election. The petition for an election
for a county or parts thereof to withdraw from a district and the
ballot shall provide for the payment of any debt for operational
costs and outstanding bonded indebtedness in proportional shares,
for which the county or parts thereof would be responsible as a
result of the membership of the county or parts thereof in the
district.
(l) Any district may be dissolved, or the millage levy changed,
by a majority vote of the registered voters voting at an election
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called for that purpose by the county commissioners of each county
or part thereof included within the district; provided that such an
election shall not be called unless either thr ee-fifths (3/5) of the
trustees of such district request the county commissioners to call
such an election, or the respective county commissioners are
presented a petition signed by not less than twenty percent (20%) of
all registered voters in the distric t.
(m) In the event a district is dissolved, any mill levy used to
support, organize, operate and maintain the emergency medical
service district shall cease, provided that such mill levy shall not
cease until all outstanding emergency medical service bon ds of that
district are retired and all other debts incurred by the emergency
medical service district have been satisfied.
(n) All elections called under the provisions hereof shall be
conducted by the county election board or boards of each county or
counties involved, upon receipt of an election proclamation, issued
by a majority of the board or boards of county commissioners in the
area affected. In the event more than one county is involved, said
proclamation must be a joint proclamation from a major ity of the
board of county commissioners of each county involved. Said
proclamation shall be published in one issue of a newspaper of
general circulation in each county involved in the area affected at
least ten (10) days prior to said election, and said proclamation
shall set forth the purpose of the election, and the date thereof.
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The county election board or boards shall certify the results of an
election to the board or boards issuing such proclamation.
(o) The board of any district shall have capacit y to sue and be
sued. Provided, however, the board shall enjoy immunity from civil
suit for actions or omissions arising from the operation of the
district, so long as, and to the same extent as, municipalities and
counties within the state enjoy such imm unity.
(p) In lieu of proceeding to establish a district as outlined
hereinabove through the county commissioners, the governing body of
any incorporated city or town may proceed to form a district, join
an existing district or join with other incorporate d cities or towns
in forming a district. In such case, said governing body shall be
considered as being substituted as to the powers and duties of said
county commissioners as set forth hereinabove; provided, further,
said city or town shall be considered as being substituted as to the
powers and duties of a district formed, as set forth hereinabove.
All rights, duties, privileges and obligations of the residents and
voters in such city or town shall be the same as those outlined for
the district as set f orth above.
SECTION 2. The Ballot Title for the proposed Constitutional
amendment as set forth in SECTION 1 of this resolution shall be in
the following form:
BALLOT TITLE
Legislative Referendum No. ____ State Question No. ____
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THE GIST OF THE PROPOSITION IS AS FOLLOWS:
This measure amends the Oklahoma Constitution. It amends Se ction
9C of Article 10. Emergency medical service districts can levy
ad valorem taxes for operations expenses. The millage rate for
this purpose is currently limit ed to a maximum of three (3)
mills. This measure would change the maximum amount of mills
that the emergency medical service district could levy for
operations expenses to a maximum of ten (10) mills.
SHALL THE PROPOSAL BE APPROVED?
FOR THE PROPOSAL — YES _____________
AGAINST THE PROPOSAL — NO _____________
SECTION 3. The Chief Clerk of the House of Representatives,
immediately after the passage of this resolution, shall prepare and
file one copy thereof, including the Ballot Title set f orth in
SECTION 2 hereof, with the Secretary of State and one copy with the
Attorney General.
58-1-5162 MAH 01/14/21