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28	28	STATE OF OKLAHOMA
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30	30	1st Session of the 58th Legislature (2021)
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32	32	HOUSE JOINT
33	33	RESOLUTION 1028 By: Roberts (Dustin)
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40	40	AS INTRODUCED
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42	42	A Joint Resolution directing the Secretary of State
43	43	to refer to the people for their approval or
44	44	rejection a proposed amendment to Section 9C of
45	45	Article X of the Constitution of the State of
46	46	Oklahoma; modifying certain maximum authorized
47	47	millage rate; providing ballot title; and directing
48	48	filing.
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54	54	BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES AND THE SENA TE OF THE
55	55	1ST SESSION OF THE 58TH OKLAHOMA LEGISLATURE:
56	56	SECTION 1. The Secretary of State shall refer to the people for
57	57	their approval or rejection, as and in the manner provided by law,
58	58	the following proposed amendment to Section 9C of Article X of the
59	59	Constitution of the State of Oklahoma to read as follows:
60	60	Section 9C. Emergency Medical Service Districts
61	61	(a) The board of county commissioners, or boards if more than
62	62	one county is involved, may call a special election to determine
63	63	whether or not an ambulance service district shall be formed. An
64	64	election shall also be called by the board or boards involved upon
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91	91	petition signed by not less than ten percent (10%) of the registered
92	92	voters of the area affected. Said area may embrace a county , a part
93	93	thereof, or more than one county or parts thereof, and in the event
94	94	the area covers only a part or parts of one or more counties, the
95	95	area must follow school district boundary lines. All registered
96	96	voters in such area shall be entitled to vote, a s to whether or not
97	97	such district shall be formed, and at the same time and in the same
98	98	question authorize a tax levy not to exceed three (3) ten (10) mills
99	99	for the purpose of providing funds for the purpose of support,
100	100	organization, operation and maintena nce of district ambulance
101	101	services, known as emergency medical service districts and
102	102	hereinafter referred to as "districts." If the formation of the
103	103	district and the mill levy is approved by a majority of the votes
104	104	cast, a special annual recurring ad valo rem tax levy of not more
105	105	than three (3) ten (10) mills on the dollar of the assessed
106	106	valuation of all taxable property in the district shall be levied.
107	107	The number of mills shall be set forth in the election proclamation,
108	108	and may be increased in a later el ection, not to exceed a total levy
109	109	of three (3) ten (10) mills. This special levy shall be in addition
110	110	to all other levies and when authorized shall be made each fiscal
111	111	year thereafter.
112	112	Each district which is herein authorized, or established, shall
113	113	have a board of trustees composed of not less than five members.
114	114	Such trustees shall be chosen jointly by the board or boards of
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141	141	county commissioners, provided that such membership shall be
142	142	composed of not less than one individual from each county or part
143	143	thereof which is included in said district.
144	144	Original members of the board of trustees shall hold office, as
145	145	follows: At the first meeting of said board, board members shall
146	146	draw lots to determine each trustee 's original length of term in
147	147	office. The number o f lots to be provided shall be equal to the
148	148	number of original members of the board, and lots shall be numbered
149	149	sequentially from one through five, with lots in excess of the fifth
150	150	lot being also numbered sequentially from one through five until all
151	151	lots are numbered. Each original member or members added by an
152	152	expansion area of the board shall hold office for the number of
153	153	years indicated on his or her lot. Each year, as necessary, the
154	154	board or boards of county commissioners shall appoint successors to
155	155	such members of the board of trustees whose terms have expired, and
156	156	such subsequent appointments shall be for terms of five (5) years.
157	157	Such board of trustees shall have the power and duty to
158	158	promulgate and adopt such rules, procedures and contract provision s
159	159	necessary to carry out the purposes and objectives of these
160	160	provisions, and shall individually post such bond as required by the
161	161	county commissioners, which shall not be less than Ten Thousand
162	162	Dollars ($10,000.00).
163	163	The district board of trustees shall ha ve the additional powers
164	164	to hire a manager and appropriate personnel, contract, organize,
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191	191	maintain or otherwise operate the emergency medical services within
192	192	said district and such additional powers as may be authorized by the
193	193	Legislature.
194	194	(b) Any district board of trustees may issue bonds, if approved
195	195	by a majority vote at a special election for such purpose. All
196	196	registered voters within the designated district shall have the
197	197	right to vote in said election. Such bonds shall be issued for the
198	198	purpose of acquiring emergency vehicles and other equipment and
199	199	maintaining and housing the same.
200	200	(c) The bonds authorized above shall not bear interest at a
201	201	greater rate than that authorized by statute for the issuance of
202	202	city municipal bonds. Such bonds shall be sold only at public sale
203	203	after twenty (20) days ' advertisement in a newspaper for publication
204	204	of legal notices with circulation in the district. Any district may
205	205	refund its bonds as is now provided by law for refunding municipal
206	206	bonds.
207	207	(d) Any district board of trustees, upon issuing bonds as
208	208	authorized in subsection (b) of this section, shall levy a special
209	209	annual ad valorem tax upon the property within the district, payable
210	210	annually, in a total amount not to exceed three (3) mills on the
211	211	dollar, on the real and personal taxable property in such district,
212	212	for the payment of principal and interest on outstanding bonds,
213	213	until same are paid. However, the trustees may, from time to time,
214	214	suspend the collection of such annual levy when not required for the
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241	241	payment of the bonds. In no event shall the real and personal
242	242	taxable property in any city or town be subject to a special tax in
243	243	excess of three (3) mills for the payment of bonds issued hereunder.
244	244	(e) There may also be pledged to the payment of principal and
245	245	interest of the bonds herein authorized to be issued: (1) any net
246	246	proceeds from operation of the district that the board of trustees
247	247	of the district shall deem not necessary to the future operation and
248	248	maintenance of said emergency medical service; o r (2) any monies
249	249	available from other funds of the district not otherwise obligated.
250	250	(f) Bonds shall be issued for designated sums with serial
251	251	numbers thereon and maturing annually after three (3) years from
252	252	date of issue. All bonds and interest thereon shall be paid upon
253	253	maturity and no bonds shall be issued for a period longer than
254	254	thirty (30) years. Any district board of trustees may in its
255	255	discretion schedule the payment of principal over the thirty -year
256	256	period so that when interest is added there wi ll be approximately
257	257	level annual payments of principal and interest.
258	258	(g) In the event the mill levy as set forth in the original
259	259	election proclamation is less than three (3) mills, the board of
260	260	trustees may request the county commissioners to call a subse quent
261	261	election to consider increasing the mill levy; provided, however,
262	262	the total levy authorized by subsection (a) hereof shall not exceed
263	263	three (3) ten (10) mills.
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290	290	(h) The board of trustees of any district shall have
291	291	jurisdiction over the sale or refund ing of any bonds issued by the
292	292	district and shall be responsible for the economical expenditure of
293	293	the funds derived from the bonds.
294	294	(i) Such districts shall be empowered to charge fees for
295	295	services, and accept gifts, funds or grants from sources other th an
296	296	the mill levy, which shall be used and accounted for in a like
297	297	manner. Persons served outside the district shall be charged an
298	298	amount equal to the actual costs for the service, not taking into
299	299	account any income the district receives from millage or so urces
300	300	within the district. The board of trustees shall have legal
301	301	authority to bring suits necessary to collect accounts owed and to
302	302	sue and defend as necessary for the protection of the board. The
303	303	State Auditor and Inspector shall conduct an annual audi t of the
304	304	operations of such districts.
305	305	(j) Any emergency medical service district may expand to
306	306	include other counties or parts thereof, provided that an election
307	307	is called by the county commissioners whose county or counties, or
308	308	parts thereof, are to be added to in the established district; and
309	309	provided further, that the county commissioners in the original
310	310	district concur in the calling of said election. The proposed
311	311	expansion area shall only be added to the original district if
312	312	approved separately by a majority vote, by the voters in both the
313	313	original district and in the expansion area, at an election called
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340	340	for that purpose. The county in which the expansion area is located
341	341	shall have not less than one member on the board of trustees.
342	342	Appropriate millage or other approved method of financial support
343	343	shall be levied in the expansion area, when said area is added to
344	344	the original district which millage shall be levied at the rate used
345	345	to cover operational costs and outstanding bonded indebtedness as
346	346	provided in Section 9C, (d) and (e), Article X.
347	347	(k) Any county or parts thereof may withdraw from a district
348	348	provided that an election is called by the county commissioners of
349	349	the county whose county or parts thereof is to be withdrawn from the
350	350	district. The county or parts thereof shall be withdrawn from the
351	351	district if approved by a majority vote of the voters in the county
352	352	at an election called for such purpose. If the county commissioners
353	353	are presented a petition signed by not less than twenty percent
354	354	(20%) of all registered voters in the county, the county
355	355	commissioners shall call an election. The petition for an election
356	356	for a county or parts thereof to withdraw from a district and the
357	357	ballot shall provide for the payment of any debt for operational
358	358	costs and outstanding bonded indebtedness in proportional shares,
359	359	for which the county or parts thereof would be responsible as a
360	360	result of the membership of the county or parts thereof in the
361	361	district.
362	362	(l) Any district may be dissolved, or the millage levy changed,
363	363	by a majority vote of the registered voters voting at an election
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390	390	called for that purpose by the county commissioners of each county
391	391	or part thereof included within the district; provided that such an
392	392	election shall not be called unless either thr ee-fifths (3/5) of the
393	393	trustees of such district request the county commissioners to call
394	394	such an election, or the respective county commissioners are
395	395	presented a petition signed by not less than twenty percent (20%) of
396	396	all registered voters in the distric t.
397	397	(m) In the event a district is dissolved, any mill levy used to
398	398	support, organize, operate and maintain the emergency medical
399	399	service district shall cease, provided that such mill levy shall not
400	400	cease until all outstanding emergency medical service bon ds of that
401	401	district are retired and all other debts incurred by the emergency
402	402	medical service district have been satisfied.
403	403	(n) All elections called under the provisions hereof shall be
404	404	conducted by the county election board or boards of each county or
405	405	counties involved, upon receipt of an election proclamation, issued
406	406	by a majority of the board or boards of county commissioners in the
407	407	area affected. In the event more than one county is involved, said
408	408	proclamation must be a joint proclamation from a major ity of the
409	409	board of county commissioners of each county involved. Said
410	410	proclamation shall be published in one issue of a newspaper of
411	411	general circulation in each county involved in the area affected at
412	412	least ten (10) days prior to said election, and said proclamation
413	413	shall set forth the purpose of the election, and the date thereof.
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440	440	The county election board or boards shall certify the results of an
441	441	election to the board or boards issuing such proclamation.
442	442	(o) The board of any district shall have capacit y to sue and be
443	443	sued. Provided, however, the board shall enjoy immunity from civil
444	444	suit for actions or omissions arising from the operation of the
445	445	district, so long as, and to the same extent as, municipalities and
446	446	counties within the state enjoy such imm unity.
447	447	(p) In lieu of proceeding to establish a district as outlined
448	448	hereinabove through the county commissioners, the governing body of
449	449	any incorporated city or town may proceed to form a district, join
450	450	an existing district or join with other incorporate d cities or towns
451	451	in forming a district. In such case, said governing body shall be
452	452	considered as being substituted as to the powers and duties of said
453	453	county commissioners as set forth hereinabove; provided, further,
454	454	said city or town shall be considered as being substituted as to the
455	455	powers and duties of a district formed, as set forth hereinabove.
456	456	All rights, duties, privileges and obligations of the residents and
457	457	voters in such city or town shall be the same as those outlined for
458	458	the district as set f orth above.
459	459	SECTION 2. The Ballot Title for the proposed Constitutional
460	460	amendment as set forth in SECTION 1 of this resolution shall be in
461	461	the following form:
462	462	BALLOT TITLE
463	463	Legislative Referendum No. ____ State Question No. ____
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490	490	THE GIST OF THE PROPOSITION IS AS FOLLOWS:
491	491	This measure amends the Oklahoma Constitution. It amends Se ction
492	492	9C of Article 10. Emergency medical service districts can levy
493	493	ad valorem taxes for operations expenses. The millage rate for
494	494	this purpose is currently limit ed to a maximum of three (3)
495	495	mills. This measure would change the maximum amount of mills
496	496	that the emergency medical service district could levy for
497	497	operations expenses to a maximum of ten (10) mills.
498	498	SHALL THE PROPOSAL BE APPROVED?
499	499	FOR THE PROPOSAL — YES _____________
500	500	AGAINST THE PROPOSAL — NO _____________
501	501	SECTION 3. The Chief Clerk of the House of Representatives,
502	502	immediately after the passage of this resolution, shall prepare and
503	503	file one copy thereof, including the Ballot Title set f orth in
504	504	SECTION 2 hereof, with the Secretary of State and one copy with the
505	505	Attorney General.
506	506
507	507	58-1-5162 MAH 01/14/21

Oklahoma 2022 Regular Session

Oklahoma House Bill HJR1028 Compare Versions