Oklahoma 2022 Regular Session

Oklahoma House Bill HJR1057 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	HJR1057 HFLR Page 1
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	3	+	Req. No. 10563 Page 1 1
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31	28		STATE OF OKLAHOMA
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33	30		2nd Session of the 58th Legislature (2022)
34	31
35	32		COMMITTEE SUBSTITUTE
36	33		FOR
37	34		HOUSE JOINT
38	35		RESOLUTION NO. 1057 By: Newton
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45	42		COMMITTEE SUBSTITUTE
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47	44		A Joint Resolution directing the Secretary of State
48	45		to refer to the people for their approval or
49	46		rejection a proposed amendment to Section 9C of
50	47		Article X of the Constitution of the State of
51	48		Oklahoma; authorizing increase of millage rate for
52	49		operational expenses; authorizing increase of millage
53	50		rate for payment of bonds; providing ballot title;
54	51		and directing filing.
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61	58		BE IT RESOLVED BY THE HOUSE OF REPRESE NTATIVES AND THE SENATE OF THE
62	59		2ND SESSION OF THE 58TH OKLAHOMA LEGISLATURE:
63	60		SECTION 1. The Secretary of State shall r efer to the people for
64	61		their approval or rejection, as and in the manner provided by law,
65	62		the following proposed amendmen t to Section 9C of Article X of the
66	63		Constitution of the State of Oklahoma to read as follows:
67	64		Section 9C. (a) The board of county comm issioners, or boards if
68	65		more than one county is involved, may call a special election to
	66	+	determine whether or not an ambu lance service district shall be
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70		-	HJR1057 HFLR Page 2
71		-	BOLD FACE denotes Committee Amendme nts. 1
	68	+	Req. No. 10563 Page 2 1
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96		-	determine whether or not an ambu lance service district shall be
97	93		formed. An election shall also be called by the board or boards
98	94		involved upon petition signed by not l ess than ten percent (10%) of
99	95		the registered voters of the area affected. Said area may embrace a
100	96		county, a part thereof , or more than one county or parts thereof,
101	97		and in the event the area covers only a part or parts of one or more
102	98		counties, the area mus t follow school district bo undary lines. All
103	99		registered voters in such area shall be entitled to vote, as to
104	100		whether or not such district shall be formed, and at the same time
105	101		and in the same question authorize a tax levy not to exceed three
106	102		(3) ten (10) mills for the purpose of pr oviding funds for the
107	103		purpose of support, organization, operation and maintenance of
108	104		district ambulance services, known as emergency medical service
109	105		districts and hereinafter referred to as "districts." If the
110	106		formation of the district and the mill levy i s approved by a
111	107		majority of the votes cast, a special annual recurring ad valorem
112	108		tax levy of not more than three (3) ten (10) mills on the dollar of
113	109		the assessed valuation of all taxable property in the district shall
114	110		be levied. The number of mills shall be set forth in the election
115	111		proclamation, and may be increased in a later election, not to
116	112		exceed a total levy of three (3) ten (10) mills. This special levy
117	113		shall be in addition to all other levies and when authorized shall
118	114		be made each fiscal year the reafter.
	115	+	Each district which is herein authorized, or established, shall
	116	+	have a board of trustees composed of not less than five members.
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120		-	HJR1057 HFLR Page 3
121		-	BOLD FACE denotes Committee Amendme nts. 1
	118	+	Req. No. 10563 Page 3 1
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146		-	Each district which is herein authorized, or established, shall
147		-	have a board of trustees composed of not less than five members.
148	143		Such trustees shall be chosen jointly by the board or boards of
149	144		county commissioners, prov ided that such membership s hall be
150	145		composed of not less than one individual from each county or part
151	146		thereof which is includ ed in said district.
152	147		Original members of the board of trustees shall hold office, as
153	148		follows: At the first meeting of said board, b oard members shall
154	149		draw lots to determine each trustee's original length of term in
155	150		office. The number of lots to be provid ed shall be equal to the
156	151		number of original members of the board, and lots shall be numbered
157	152		sequentially from one through five, wit h lots in excess of the fif th
158	153		lot being also numbered sequentially from one through five until all
159	154		lots are numbered. Each original member or members added by an
160	155		expansion area of the board shall hold office for the number of
161	156		years indicated on his or her lot. Each year, as necess ary, the
162	157		board or boards of county commissioners shall appoint successors to
163	158		such members of the board of trustees whose terms have expired, and
164	159		such subsequent appointments shall be for terms of five (5) years.
165	160		Such board of trustees shall have the power and duty to
166	161		promulgate and adopt such rules, procedures and contract provisions
167	162		necessary to carry out the purposes and objectives of these
168	163		provisions, and shall individually post such bond as required by the
	164	+	county commissioners , which shall not be less t han Ten Thousand
	165	+	Dollars ($10,000.00).
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170		-	HJR1057 HFLR Page 4
171		-	BOLD FACE denotes Committee Amendme nts. 1
	167	+	Req. No. 10563 Page 4 1
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196		-	county commissioners , which shall not be less than Ten Thousand
197		-	Dollars ($10,000.00).
198	192		The district board of trustees shall have the additional p owers
199	193		to hire a manager and appropriate personnel, contract, organize,
200	194		maintain or otherwise operate the emergency medical services within
201	195		said district and su ch additional powers as may be authorized by the
202	196		Legislature.
203	197		(b) Any district board of trustees may issue bonds, if approved
204	198		by a majority vote at a special election for such purpose. All
205	199		registered voters within the designate d district shall have the
206	200		right to vote in said election. Such bonds shall be issued for the
207	201		purpose of acquiring emergency vehicles and other equipment and
208	202		maintaining and housing the same.
209	203		(c) The bonds authorized above shall not bear interest at a
210	204		greater rate than that authori zed by statute for the issuance of
211	205		city municipal bonds. Such bonds shall be sold only at public sale
212	206		after twenty (20) days ' advertisement in a newspaper for publication
213	207		of legal notices with circulation in the district. Any d istrict may
214	208		refund its bonds as is now provided by law for refunding municipal
215	209		bonds.
216	210		(d) Any district board of trustees, u pon issuing bonds as
217	211		authorized in subsection (b) of this section, shall levy a special
218	212		annual ad valorem tax upon the property with in the district, payable
219	213		annually, in a total amount not to exceed three (3) ten (10) mills
	214	+	on the dollar, on the real and pe rsonal taxable property in such
	215	+	district, for the payment of principal and interest on outstanding
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221		-	HJR1057 HFLR Page 5
222		-	BOLD FACE denotes Committee Amendme nts. 1
	217	+	Req. No. 10563 Page 5 1
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247		-	on the dollar, on the real and pe rsonal taxable property in such
248		-	district, for the payment of principal and interest on outstanding
249	242		bonds, until same are paid. How ever, the trustees may, fro m time to
250	243		time, suspend the collection of such annual levy when not required
251	244		for the payment of th e bonds. In no event shall the real and
252	245		personal taxable property in any city or town be subject to a
253	246		special tax in excess of three (3) ten (10) mills for the payment of
254	247		bonds issued hereunder.
255	248		(e) There may also be pledged to the payment of principal an d
256	249		interest of the bonds herein authorized to be issued: (1) any net
257	250		proceeds from operation of the district that the board of tru stees
258	251		of the district shall deem not necessary to the future operation and
259	252		maintenance of said emergency medical service; or ( 2) any monies
260	253		available from other funds of the district not otherwise obligated.
261	254		(f) Bonds shall be issued for designated sums w ith serial
262	255		numbers thereon and maturing annually after three (3) years from
263	256		date of issue. All bonds and interest thereon sha ll be paid upon
264	257		maturity and no bonds shall be issued for a period longer than
265	258		thirty (30) years. Any district board of trustees may in its
266	259		discretion schedule the payment of principal over the thirty -year
267	260		period so that when interest is added there will be approximately
268	261		level annual payments of principal and interest.
269	262		(g) In the event the mill levy as set forth in the original
270	263		election proclamation is less than three (3) ten (10) mills, the
	264	+	board of trustees may request the county commissioners to call a
	265	+	subsequent election to consider increasing the mill levy; provided,
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272		-	HJR1057 HFLR Page 6
273		-	BOLD FACE denotes Committee Amendme nts. 1
	267	+	Req. No. 10563 Page 6 1
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298		-	board of trustees may request the county commissioners to call a
299		-	subsequent election to consider increasing the mill levy; provided,
300	292		however, the total levy authorized by subsection (a) hereof s hall
301	293		not exceed three (3) ten (10) mills.
302	294		(h) The board of trustees of any district shall have
303	295		jurisdiction over the sale or re funding of any bonds issued by the
304	296		district and shall be responsible for the economical expenditure of
305	297		the funds derived from th e bonds.
306	298		(i) Such districts shall be empowered to charge fees for
307	299		services, and accept gifts, funds or grants from sources othe r than
308	300		the mill levy, which shall be used and accounted for in a like
309	301		manner. Persons served outside the district shall be char ged an
310	302		amount equal to the actual costs for the service, not taking into
311	303		account any income the district receives from millage o r sources
312	304		within the district. The board of trustees shall have legal
313	305		authority to bring suits necessary to collect accounts ow ed and to
314	306		sue and defend as necessary for the protection of the board. The
315	307		State Auditor and Inspector shall conduct an annual audit of the
316	308		operations of such districts.
317	309		(j) Any emergency medical service district may expand to
318	310		include other counties or p arts thereof, provided that an election
319	311		is called by the county commissioners whose county or counties, or
320	312		parts thereof, are to be added to in the established district; and
321	313		provided further, that the county commissioners in the original
	314	+	district concur in the calling of said electi on. The proposed
	315	+	expansion area shall only be added to the original district if
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323		-	HJR1057 HFLR Page 7
324		-	BOLD FACE denotes Committee Amendme nts. 1
	317	+	Req. No. 10563 Page 7 1
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349		-	district concur in the calling of said election. The proposed
350		-	expansion area shall only be added to the original district if
351	342		approved separately by a majority vote, by the voters in both the
352	343		original district and in the expansion area, at an election called
353	344		for that purpose. The county in which the expansion area is located
354	345		shall have not less than one member on the board of trustees.
355	346		Appropriate millage or other approved method of financial support
356	347		shall be levied in the expansion area, when said area is added to
357	348		the original district which millage shall be levied at the rate used
358	349		to cover operational costs and outstanding bonded indebtedness as
359	350		provided in Section 9C, (d) and (e), Article X.
360	351		(k) Any county or parts thereof may withdraw from a district
361	352		provided that an election is called by the cou nty commissioners of
362	353		the county whose county or parts thereof is to be withdrawn from the
363	354		district. The county or parts thereof shall be withdrawn from the
364	355		district if approved by a majority vote of the voters in the county
365	356		at an election called for such purpose. If the county commissioners
366	357		are presented a petition signed by not less than twenty percent
367	358		(20%) of all registered voters in the county, the county
368	359		commissioners shall call an election. The petition for an election
369	360		for a county or parts thereof to withdraw from a district and the
370	361		ballot shall provide for the payment of any debt for operational
371	362		costs and outstanding bonded indebtedness in proportional shares,
372	363		for which the county or parts thereof would be responsible as a
	364	+	result of the membership of the county or parts thereof in the
	365	+	district.
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374		-	HJR1057 HFLR Page 8
375		-	BOLD FACE denotes Committee Amendme nts. 1
	367	+	Req. No. 10563 Page 8 1
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400		-	result of the membership of the county or parts thereof in the
401		-	district.
402	392		(l) Any district may be dissolved, or the millage l evy changed,
403	393		by a majority vote of the registered voters voting at an election
404	394		called for that purpose by the county commissione rs of each county
405	395		or part thereof included within the district; provided that such an
406	396		election shall not be called unless either three-fifths (3/5) of the
407	397		trustees of such district request the county commissioners to call
408	398		such an election, or the respectiv e county commissioners are
409	399		presented a petition signed by not less than twenty percent (20%) of
410	400		all registered voters in the dis trict.
411	401		(m) In the event a district is dissolved, any mill levy used to
412	402		support, organize, operate and maintain the emergency me dical
413	403		service district shal l cease, provided that such mill levy shall not
414	404		cease until all outstanding emergency medical service bonds of that
415	405		district are retired and all other debts incurred by the emergency
416	406		medical service district have been satisfied.
417	407		(n) All elections called u nder the provisions hereof shall be
418	408		conducted by the county election board or boards of each county o r
419	409		counties involved, upon receipt of an election proclamation, issued
420	410		by a majority of the board or boards of county commissione rs in the
421	411		area affected. In the event more than one county is involved, said
422	412		proclamation must be a joint proclamation from a m ajority of the
423	413		board of county commissioners of each county involved. Said
	414	+	proclamation shall be published in one issue of a ne wspaper of
	415	+	general circulation in each county involved in the area affected at
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425		-	HJR1057 HFLR Page 9
426		-	BOLD FACE denotes Committee Amendme nts. 1
	417	+	Req. No. 10563 Page 9 1
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451		-	proclamation shall be published in one issue of a ne wspaper of
452		-	general circulation in each county involved in the area affected at
453	442		least ten (10) days prior to said election, and s aid proclamation
454	443		shall set forth the purpose of the election, and the date thereof.
455	444		The county election board or boards shall ce rtify the results of an
456	445		election to the board or boards issuing such proclamation.
457	446		(o) The board of any district shall have cap acity to sue and be
458	447		sued. Provided, however, the board shall enjoy immunity from civil
459	448		suit for actions or omissions arising fr om the operation of the
460	449		district, so long as, and to the same extent as, municipalities and
461	450		counties within the state enjoy such immunity.
462	451		(p) In lieu of proceeding to establish a district as outlined
463	452		hereinabove through the county commissioners, the gove rning body of
464	453		any incorporated city or town may proceed to form a district, join
465	454		an existing district or join with other incorpo rated cities or towns
466	455		in forming a district. In such case, said governing body shall be
467	456		considered as being substituted as to t he powers and duties of sai d
468	457		county commissioners as set forth hereinabove; provided, further,
469	458		said city or town shall be consid ered as being substituted as to the
470	459		powers and duties of a district formed, as set forth hereinabove.
471	460		All rights, duties, privi leges and obligations of th e residents and
472	461		voters in such city or town shall be the same as those outlined for
473	462		the district as set forth above.
	463	+	SECTION 2. The Ballot Title for the proposed Constitutional
	464	+	amendment as set forth in SECTION 1 of this resolution shall b e in
	465	+	the following form:
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475		-	HJR1057 HFLR Page 10
476		-	BOLD FACE denotes Committee Amendme nts. 1
	467	+	Req. No. 10563 Page 10 1
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501		-	SECTION 2. The Ballot Title for the proposed Constitutional
502		-	amendment as set forth in SECTION 1 of this resolution shall be in
503		-	the following form:
504	492		BALLOT TITLE
505	493		Legislative Referendum No. ____ State Question No. ____
506	494		THE GIST OF THE PROPOSITION IS AS FOLLOWS:
507	495		This measure amends the Oklahoma Constitution. It amends
508	496		Section 9C of Article 10. This section authorizes the creati on
509	497		of emergency medical service districts. Emergency medical
510	498		service districts are created for the p urpose of supporting,
511	499		organizing, operating and maintaining district ambulance
512	500		services. Currently, districts are authorized to levy a tax not
513	501		to exceed three (3) mills of the assessed valuation of all
514	502		taxable property in the district to fund those servic es. This
515	503		measure would authorize the increase of the maximum millage rate
516	504		from three (3) mills to ten (10) mills for operational expenses.
517	505		This measure would also authorize the increase of the maximum
518	506		millage rate from three (3) mills to ten (10) mills for the
519	507		payment of interest and principal on bonds used to buy and
520	508		maintain emergency vehicles and other equipment. If this
521	509		measure passes, a subsequent el ection in each district would be
522	510		required to consider increasing the current mill levy for
523	511		operational expenses and payment of bonds up to the authorized
524	512		maximum ten (10) mills.
	513	+	SHALL THE PROPOSAL BE APPROVED?
	514	+	FOR THE PROPOSAL — YES _____________
	515	+	AGAINST THE PROPOSAL — NO _____________
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526		-	HJR1057 HFLR Page 11
527		-	BOLD FACE denotes Committee Amendme nts. 1
	517	+	Req. No. 10563 Page 11 1
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552		-	SHALL THE PROPOSAL BE APPROVED?
553		-	FOR THE PROPOSAL — YES _____________
554		-	AGAINST THE PROPOSAL — NO _____________
555	542		SECTION 3. The Chief Clerk of the House of Representati ves,
556	543		immediately after the passage of this resolution, shall prepare and
557	544		file one copy thereof, including the Ballot Title se t forth in
558	545		SECTION 2 hereof, with the Secretary of State and one copy with the
559	546		Attorney General.
560	547
561		-	~~COMMITTEE REPORT BY: COMMITTEE ON RULES, dated~~ 02/16/~~2022 - DO PASS,~~
562		-	~~As Amended.~~
	548	+	58-2-10563 AQH 02/15/22
	549	+