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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
COMMITTEE SUBSTITUTE
FOR
HOUSE JOINT
RESOLUTION NO. 1057 By: Newton
COMMITTEE SUBSTITUTE
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; authorizing increase of millage rate for
operational expenses; authorizing increase of millage
rate for payment of bonds; providing ballot title;
and directing filing.
BE IT RESOLVED BY THE HOUSE OF REPRESE NTATIVES AND THE SENATE OF THE
2ND SESSION OF THE 58TH OKLAHOMA LEGISLATURE:
SECTION 1. The Secretary of State shall r efer to the people for
their approval or rejection, as and in the manner provided by law,
the following proposed amendmen t to Section 9C of Article X of the
Constitution of the State of Oklahoma to read as follows:
Section 9C. (a) The board of county comm issioners, or boards if
more than one county is involved, may call a special election to
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determine whether or not an ambu lance service district shall be
formed. An election shall also be called by the board or boards
involved upon petition signed by not l ess 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 mus t follow school district boundary lines. All
registered voters in such area shall be entitled to vote, as 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 maintenance 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 valorem
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 election, 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.
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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
county commissioners, prov ided that such membership shall be
composed of not less than one individual from each county or part
thereof which is includ ed in said district.
Original members of the board of trustees shall hold office, as
follows: At the first meeting of said board, b oard members shall
draw lots to determine each trustee's original length of term in
office. The number of lots to be provid ed shall be equal to the
number of original members of the board, and lots shall be numbered
sequentially from one through five, wit h 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 provisions
necessary to carry out the purposes and objectives of these
provisions, and shall individually post such bond as required by the
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county commissioners , which shall not be less than Ten Thousand
Dollars ($10,000.00).
The district board of trustees shall have the additional p owers
to hire a manager and appropriate personnel, contract, organize,
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 designate d 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 d istrict may
refund its bonds as is now provided by law for refunding municipal
bonds.
(d) Any district board of trustees, u pon issuing bonds as
authorized in subsection (b) of this section, shall levy a special
annual ad valorem tax upon the property with in the district, payable
annually, in a total amount not to exceed three (3) ten (10) mills
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on the dollar, on the real and pe rsonal taxable property in such
district, for the payment of principal and interest on outstanding
bonds, until same are paid. How ever, the trustees may, from time to
time, suspend the collection of such annual levy when not required
for the payment of th e 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) ten (10) mills for the payment of
bonds issued hereunder.
(e) There may also be pledged to the payment of principal an d
interest of the bonds herein authorized to be issued: (1) any net
proceeds from operation of the district that the board of tru stees
of the district shall deem not necessary to the future operation and
maintenance of said emergency medical service; or ( 2) any monies
available from other funds of the district not otherwise obligated.
(f) Bonds shall be issued for designated sums w ith serial
numbers thereon and maturing annually after three (3) years from
date of issue. All bonds and interest thereon sha ll 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 will 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) ten (10) mills, the
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board of trustees may request the county commissioners to call a
subsequent election to consider increasing the mill levy; provided,
however, the total levy authorized by subsection (a) hereof s hall
not exceed three (3) ten (10) mills.
(h) The board of trustees of any district shall have
jurisdiction over the sale or re funding of any bonds issued by the
district and shall be responsible for the economical expenditure of
the funds derived from th e bonds.
(i) Such districts shall be empowered to charge fees for
services, and accept gifts, funds or grants from sources othe r than
the mill levy, which shall be used and accounted for in a like
manner. Persons served outside the district shall be char ged an
amount equal to the actual costs for the service, not taking into
account any income the district receives from millage o r sources
within the district. The board of trustees shall have legal
authority to bring suits necessary to collect accounts ow ed and to
sue and defend as necessary for the protection of the board. The
State Auditor and Inspector shall conduct an annual audit of the
operations of such districts.
(j) Any emergency medical service district may expand to
include other counties or p arts 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
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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
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
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result of the membership of the county or parts thereof in the
district.
(l) Any district may be dissolved, or the millage l evy changed,
by a majority vote of the registered voters voting at an election
called for that purpose by the county commissione rs of each county
or part thereof included within the district; provided that such an
election shall not be called unless either three-fifths (3/5) of the
trustees of such district request the county commissioners to call
such an election, or the respectiv e county commissioners are
presented a petition signed by not less than twenty percent (20%) of
all registered voters in the dis trict.
(m) In the event a district is dissolved, any mill levy used to
support, organize, operate and maintain the emergency me dical
service district shall cease, provided that such mill levy shall not
cease until all outstanding emergency medical service bonds 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 o r
counties involved, upon receipt of an election proclamation, issued
by a majority of the board or boards of county commissione rs in the
area affected. In the event more than one county is involved, said
proclamation must be a joint proclamation from a m ajority of the
board of county commissioners of each county involved. Said
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proclamation shall be published in one issue of a ne wspaper of
general circulation in each county involved in the area affected at
least ten (10) days prior to said election, and s aid proclamation
shall set forth the purpose of the election, and the date thereof.
The county election board or boards shall ce rtify the results of an
election to the board or boards issuing such proclamation.
(o) The board of any district shall have cap acity to sue and be
sued. Provided, however, the board shall enjoy immunity from civil
suit for actions or omissions arising fr om the operation of the
district, so long as, and to the same extent as, municipalities and
counties within the state enjoy such immunity.
(p) In lieu of proceeding to establish a district as outlined
hereinabove through the county commissioners, the gove rning body of
any incorporated city or town may proceed to form a district, join
an existing district or join with other incorpo rated cities or towns
in forming a district. In such case, said governing body shall be
considered as being substituted as to t he powers and duties of said
county commissioners as set forth hereinabove; provided, further,
said city or town shall be consid ered as being substituted as to the
powers and duties of a district formed, as set forth hereinabove.
All rights, duties, privi leges and obligations of the residents and
voters in such city or town shall be the same as those outlined for
the district as set forth above.
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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. ____
THE GIST OF THE PROPOSITION IS AS FOLLOWS:
This measure amends the Oklahoma Constitution. It amends
Section 9C of Article 10. This section authorizes the creation
of emergency medical service districts. Emergency medical
service districts are created for the p urpose of supporting,
organizing, operating and maintaining district ambulance
services. Currently, districts are authorized to levy a tax not
to exceed three (3) mills of the assessed valuation of all
taxable property in the district to fund those servic es. This
measure would authorize the increase of the maximum millage rate
from three (3) mills to ten (10) mills for operational expenses.
This measure would also authorize the increase of the maximum
millage rate from three (3) mills to ten (10) mills for the
payment of interest and principal on bonds used to buy and
maintain emergency vehicles and other equipment. If this
measure passes, a subsequent election in each district would be
required to consider increasing the current mill levy for
operational expenses and payment of bonds up to the authorized
maximum ten (10) mills.
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SHALL THE PROPOSAL BE APPROVED?
FOR THE PROPOSAL — YES _____________
AGAINST THE PROPOSAL — NO _____________
SECTION 3. The Chief Clerk of the House of Representati ves,
immediately after the passage of this resolution, shall prepare and
file one copy thereof, including the Ballot Title se t forth in
SECTION 2 hereof, with the Secretary of State and one copy with the
Attorney General.
COMMITTEE REPORT BY: COMMITTEE ON RULES, dated 02/16/2022 - DO PASS,
As Amended.