Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB189 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	SENATE FLOOR VERSION - SB189 SFLR Page 1
4		-	(Bold face denotes Committee Amendments) 1
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	4	+	Req. No. 878 Page 1 1
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29		-	SENATE FLOOR VERSION
30		-	February 11, 2021
31		-	AS AMENDED
	53	+	STATE OF OKLAHOMA
32	54
33		-	SENATE BILL NO. 189 By: Rader of the Senate
	55	+	1st Session of the 58th Legislature (2021)
	56	+
	57	+	SENATE BILL 189 By: Rader of the Senate
34	58
35	59		and
36	60
37	61		Sims of the House
38	62
39	63
40	64
41	65
42	66
43		-	[ counties and county offic ers - Oklahoma Hazard
44		-	Mitigation Assessment District Act - Hazard
45		-	Mitigation District Trust Authority - cooperative
46		-	agreements with tribal entities - statement to
47		-	taxpayers - codification - effective date -
48		-	emergency ]
	67	+	AS INTRODUCED
	68	+
	69	+	An Act relating to counties and county offic ers;
	70	+	creating the Oklahoma Hazard Mitigation Assess ment
	71	+	District Act; permitting counties to initiate
	72	+	creation of hazard mitigation assessment districts;
	73	+	directing resolution be submitted to t he registered
	74	+	voters of the county; conferring powers; describin g
	75	+	territory of a hazard mitigation assessment distr ict;
	76	+	creating Hazard Mitigation District Trust Authority;
	77	+	providing for management and budgetary oversight;
	78	+	developing administrative policie s and procedures;
	79	+	requiring county to pay for election; providin g for
	80	+	notice of election; stating question to be pl aced on
	81	+	ballot; describing eligible voters; providing for
	82	+	conduct of election subject to general or special
	83	+	election laws; declaring establis hment of district
	84	+	upon majority vote; authorizing creation of ce rtain
	85	+	advisory board; providing for levy of annual
	86	+	assessment on certain property based on assessed
	87	+	value and specifying purposes thereof; eliminating
	88	+	assessment automatically after certain ti me;
	89	+	prohibiting assessment to be used in exchange for
	90	+	appropriations; providing exception; providing
	91	+	minimum amount of assessment be used for certain
	92	+	purpose in certain rural counties; providing for a
	93	+	lien against property if assessment is unpaid;
	94	+	stating priority of lien; directing specified
	95	+	accounting procedures by c ertain county officers;
	96	+	directing certain costs be paid from the proceeds of
	97	+	the district; requiring interest to be charged on
	98	+	delinquent assessment; permitting dissolution of a
	99	+	hazard mitigation assessment district upon certain
49	100
50	101
51		-
52		-
53		-	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
54		-	SECTION 1. NEW LAW A new section of law to be codified
55		-	in the Oklahoma Statutes as Section 501.1 of Title 19, un less there
56		-	is created a duplication in numbering, reads as follows:
57		-	This act shall be known and may be cited as the “Oklahoma Hazard
58		-	Mitigation Assessment District Act ”.
59		-	SECTION 2. NEW LAW A new section of law to be codified
60		-	in the Oklahoma Statutes as Section 501.2 of Title 19, unless there
61		-	is created a duplication in numbering, reads as follows:
62		-	The governing body of a county may initiate the creation of a
63		-	hazard mitigation assessment district by the adoption of a
64		-	resolution calling for the question t o be placed before the
65		-
66		-	SENATE FLOOR VERSION - SB189 SFLR Page 2
67		-	(Bold face denotes Committee Amendments) 1
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	151	+	majority vote; authorizing certain cooperative
	152	+	agreements with tribal entities ; requiring certain
	153	+	quarterly reports; amending 68 O.S. 2011, Section
	154	+	2915, which relates to statement to taxpayers; adding
	155	+	information to be included on certain statement;
	156	+	providing for codification; prov iding an effective
	157	+	date; and declaring an emergency .
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	162	+
	163	+	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
	164	+	SECTION 1. NEW LAW A new section of law to be codified
	165	+	in the Oklahoma Statutes as Section 501.1 of Title 19, un less there
	166	+	is created a duplication in numbering, r eads as follows:
	167	+	This act shall be known and may be cited as the “Oklahoma Hazard
	168	+	Mitigation Assessment District Act ”.
	169	+	SECTION 2. NEW LAW A new section of law to be codified
	170	+	in the Oklahoma Statutes as Section 501.2 of Title 19, unl ess there
	171	+	is created a duplication in numbering, reads as follows:
	172	+	The governing body of a county may initiate the creation of a
	173	+	hazard mitigation ass essment district by the adoption of a
	174	+	resolution calling for the question t o be placed before the
92	175		registered voters of the county of whether to organize a hazard
93	176		mitigation assessment district. The resolution shall be submitted
94	177		to registered voters of the county at a countywide special or
95	178		general election. W hen a district is or ganized, it shall have the
96	179		powers conferred by the Oklahoma Hazard Mitigation Assessment
97	180		District Act.
98		-	SECTION 3. NEW LAW A new section of law to be codified
99		-	in the Oklahoma Statutes as Section 501.3 of Title 19, unless there
100		-	is created a duplication in numbering, reads as follows:
101		-	A. A hazard mitigation assessment district shall include all
102		-	territory located within the county.
103		-	B. To administer the hazard mitigation assessment district, a
104		-	Hazard Mitigation Dist rict Trust Authority shall be created to be
105		-	responsible for the administration, determination of projects and
106		-	programs to be funded, to create, amend and oversee the budget and
107		-	to approve the expenditures of the collected assessment. The
108		-	Authority shall have seven (7) truste es which shall include the
109		-	three members of the board of county commissioners, the mayor or
110		-	other elected officials from three municipalities within the county
111		-	selected by the board of county commissioners and one member at
112		-	large selected by the board of c ounty commissioners. Operational
113		-	management of the hazard mitigation assessment district as it
114		-	pertains to the approval of any capital improvements constructed and
115		-	any short-term and long-term capital acquisitions and other
116	181
117		-	SENATE FLOOR VERSION - SB189 SFLR Page 3
118		-	(Bold face denotes Committee Amendments) 1
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	232	+	SECTION 3. NEW LAW A new section of law to be codified
	233	+	in the Oklahoma Statutes as Section 501.3 of Title 19, unless there
	234	+	is created a duplication in numbering , reads as follows:
	235	+	A. A hazard mitigation assessment district shall include all
	236	+	territory located within the county.
	237	+	B. To administer the hazard m itigation assessment district, a
	238	+	Hazard Mitigation Dist rict Trust Authority shall be created to be
	239	+	responsible for the administration, determination of projects and
	240	+	programs to be funded, to create, amend and oversee the budget and
	241	+	to approve the expenditu res of the collected assessment. The
	242	+	Authority shall have seven (7) truste es which shall include the
	243	+	three members of the board of county commissioners, the mayor or
	244	+	other elected officials from three municipalities within the county
	245	+	selected by the board of county commissioners and one member at
	246	+	large selected by the board of c ounty commissioners. Operation al
	247	+	management of the hazard mitigation assessment district as it
	248	+	pertains to the approval of any capital improvements constructed and
	249	+	any short-term and long-term capital acquisitions and other
143	250		expenditures as provided in par agraphs 1 through 13 of subsect ion C
144	251		of Section 7 of this act shall be vested within the Hazard
145	252		Mitigation Trust Authority.
146	253		C. Budgetary oversight, prioritization of capital and
147	254		noncapital projects funded and the development of the nec essary
148		-	administrative policies and procedures shall be vested within the
149		-	Hazard Mitigation District Trust Authority.
150		-	SECTION 4. NEW LAW A new section of law to be codified
151		-	in the Oklahoma Statutes as Section 501.4 of Title 19, unles s there
152		-	is created a duplication in numbering, reads as follows:
153		-	A. The costs of an election to establish a hazard mitigation
154		-	assessment district shall be paid by the county as de termined by the
155		-	county election board conducting the countywide special or g eneral
156		-	election.
157		-	B. The election to determine whether a district shall be
158		-	established, and the notice thereof, shall be conducted in the same
159		-	manner as other county questions whic h are submitted to the
160		-	electorate of the county. The notice shall require t he registered
161		-	voters of the county to cast ballots which contain the words:
162		-	1. “Hazard Mitigation Assessment District - Yes”; and
163		-	2. “Hazard Mitigation Assessment District - No”,
164		-	or words equivalent thereto. All residents of the county who are
165		-	qualified electors shall be qualified to vote on the proposition.
166		-	The hazard mitigation assessment district election shall be
167	255
168		-	SENATE FLOOR VERSION - SB189 SFLR Page 4
169		-	(Bold face denotes Committee Amendments) 1
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	257	+	Req. No. 878 Page 4 1
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	306	+	administrative policies and procedures shall be vested within the
	307	+	Hazard Mitigation District Trust Authority.
	308	+	SECTION 4. NEW LAW A new section of law to be codified
	309	+	in the Oklahoma Statutes as Section 501.4 of Title 19, unles s there
	310	+	is created a duplication in numbering, read s as follows:
	311	+	A. The costs of an election to establish a hazard mitigation
	312	+	assessment district shall be paid by the county as determined by the
	313	+	county election board conducting the countywide special or g eneral
	314	+	election.
	315	+	B. The election to determine whet her a district shall be
	316	+	established, and the notice thereof, shall be conducted in the same
	317	+	manner as other county questions which are submitted to th e
	318	+	electorate of the county. The notice shall require t he registered
	319	+	voters of the county to cast ballots which contain the words:
	320	+	1. “Hazard Mitigation Assessment District - Yes”; and
	321	+	2. “Hazard Mitigation Assessment District - No”,
	322	+	or words equivalent thereto. All residents of the county who are
	323	+	qualified electors shall be qualified to vote on the proposi tion.
	324	+	The hazard mitigation assessment district election shall be
194	325		conducted in accordance with the general or special election laws of
195	326		the state, and the regular election officials shall be in charge at
196	327		the usual polling pla ce of each regular precinct, or part of a
197	328		precinct, which shall include lands within the boundaries of the
198	329		county.
199		-	SECTION 5. NEW LAW A new section of law to be codified
200		-	in the Oklahoma Statutes as Section 501.5 of Title 19, unless there
201		-	is created a duplication in numbering, reads as follows:
202		-	If the certified election results show that greater than sixty
203		-	percent (60%) of all the votes cas t are “Hazard Mitigation
204		-	Assessment District - Yes”, the governing body of t he county shall,
205		-	by adoption of a resolution, declare the hazard mitigation
206		-	assessment district established. Any resolution establishing a
207		-	hazard mitigation assessment district sh all be filed in the office
208		-	of the county clerk in the county where the elect ion was held.
209		-	SECTION 6. NEW LAW A new section of law to be codified
210		-	in the Oklahoma Statutes as Section 501.6 of Title 19, unless there
211		-	is created a duplication in numbering, reads as follows:
212		-	The governing body of the county may e stablish a hazard
213		-	mitigation advisory board composed of thirteen (13) citizens from
214		-	the municipalities and unincorporated areas of the county to make
215		-	reports and recommendations to the Hazard Mitigation Trust Authority
216		-	to advise the county governing body o n hazard mitigation and
217		-	disaster recovery expenditures and projects. The governing body of
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219		-	SENATE FLOOR VERSION - SB189 SFLR Page 5
220		-	(Bold face denotes Committee Amendments) 1
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	381	+	SECTION 5. NEW LAW A new section of law to be codified
	382	+	in the Oklahoma Statutes as Section 501.5 of Title 19, unless there
	383	+	is created a duplication in numbering, reads as follows:
	384	+	If the certified election results show that greater than sixty
	385	+	percent (60%) of all the votes cast are “Hazard Mitigation
	386	+	Assessment District - Yes”, the governing body of t he county shall,
	387	+	by adoption of a resolution, decla re the hazard mitigation
	388	+	assessment district established. Any resolution establishing a
	389	+	hazard mitigation assessment district shall be filed in the o ffice
	390	+	of the county clerk in the county where the elect ion was held.
	391	+	SECTION 6. NEW LAW A new section of law to be codified
	392	+	in the Oklahoma Statutes as Section 501.6 of Title 19, unless there
	393	+	is created a duplication in numbering, r eads as follows:
	394	+	The governing body of the county may e stablish a hazard
	395	+	mitigation advisory board compose d of thirteen (13) citizens from
	396	+	the municipalities and unincorporated areas of the county to make
	397	+	reports and recommendations to the Hazard Mitigatio n Trust Authority
	398	+	to advise the county governing body o n hazard mitigation and
	399	+	disaster recovery expenditu res and projects. The governing body of
245	400		the county shall appoint the hazard mitigation advisory board
246	401		members for either one - or two-year terms.
247	402		SECTION 7. NEW LAW A new section of law to be codified
248	403		in the Oklahoma Statutes as Sec tion 501.7 of Title 19, unless there
249	404		is created a duplication in numbering, reads as follows:
250		-	A. There shall be levied an annual assessment no greater than
251		-	two (2) mills on the dollar of assessed value of the types of
252		-	property in the district as provided in paragraphs 1, 2 and 3 of
253		-	subsection A of Section 2803 of Title 68 of the Oklahoma Statutes.
254		-	B. The annual assessment provided in subsection A of this
255		-	section shall not apply to real property zoned for agricultural land
256		-	use, livestock utilized in support of the family and personal
257		-	property owned by for -profit agricultural business entities. A
258		-	property that is exempt from the ass essment at the time when the
259		-	voters approve the assessment shall remain exem pt even if the
260		-	property is rezoned to a nonexempt category at a later time.
261		-	Government-owned and nonprofit properties shall be exempt from the
262		-	annual assessment. Properties locat ed within a tax increment
263		-	financing district shall be subject to the assessm ent.
264		-	C. The proceeds of the assessments shall be used for the short -
265		-	term and long-term capital acquisitions and capital improvements of
266		-	the hazard mitigation assessment district, as well as expenses
267		-	related to any of the following, or combination of the f ollowing,
268		-	purposes:
269	405
270		-	SENATE FLOOR VERSION - SB189 SFLR Page 6
271		-	(Bold face denotes Committee Amendments) 1
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	407	+	Req. No. 878 Page 6 1
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	456	+	A. There shall be levied an annual assessment no greate r than
	457	+	two (2) mills on the dollar of assessed value of the types of
	458	+	property in the district as provided in paragraphs 1, 2 and 3 of
	459	+	subsection A of Section 2803 of Title 68 of the Oklahoma Statutes.
	460	+	B. The annual assessment provided in subsection A of this
	461	+	section shall not apply to real property zoned for agricultural land
	462	+	use, livestock utilized in suppor t of the family and personal
	463	+	property owned by for -profit agricultural business entities. A
	464	+	property that is exempt from the assessment at the time when the
	465	+	voters approve the assessment shall remain exem pt even if the
	466	+	property is rezoned to a nonexempt c ategory at a later time.
	467	+	Government-owned and nonprofit properties shall be exempt from the
	468	+	annual assessment. Properties located within a tax incr ement
	469	+	financing district shall be subject to the assessm ent.
	470	+	C. The proceeds of the assessments shall be u sed for the short-
	471	+	term and long-term capital acquisitions and capital improvements of
	472	+	the hazard mitigation assessment district, as well as expenses
	473	+	related to any of the following, or combination of the f ollowing,
	474	+	purposes:
296	475		1. Planning, designing, instal ling, constructing, operating and
297	476		maintaining hazard mitigation capital improvements;
298	477		2. Creating a fund balance equal to ten percent (10%) of the
299	478		amount of assessment collected annually to be used by the county
300	479		where the district is located or any munici pality located within the
301		-	district for matching any funding requirements by the state or
302		-	federal government in order to qualify a nd to receive state or
303		-	federal government disaster relief funds;
304		-	3. Purchasing and maintaining equipment and vehicles required
305		-	to implement projects in a FEMA -approved hazard mitigation plan;
306		-	4. Providing funds in support of efforts to acquire and
307		-	demolish or relocate, if technically feasible, or elevate structures
308		-	located in areas prone to flooding including expenses to ensure that
309		-	people whose real property is acquired using federal funds, or who
310		-	move as a result of projects receiving funds, will be tre ated fairly
311		-	and equitably, pursuant to the Uniform Relocation Assistance an d
312		-	Real Property Acquisition Policies Act of 1970, Sections 4601
313		-	through 4655 of Title 42 of the United States Code, and receive
314		-	assistance in moving from the property they occupy;
315		-	5. Providing funding to county health departments for the
316		-	creation of and implementation of public health hazard mitigation
317		-	plans;
318	480
319		-	SENATE FLOOR VERSION - SB189 SFLR Page 7
320		-	(Bold face denotes Committee Amendments) 1
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	482	+	Req. No. 878 Page 7 1
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329	515		10
330	516		11
331	517		12
332	518		13
333	519		14
334	520		15
335	521		16
336	522		17
337	523		18
338	524		19
339	525		20
340	526		21
341	527		22
342	528		23
343	529		24
344	530
	531	+	district for matching any funding requirements by the state or
	532	+	federal government in order to qualify and to receive state or
	533	+	federal government disaster relief funds;
	534	+	3. Purchasing and maintaining equipment and vehicles required
	535	+	to implement projects in a FEMA -approved hazard mitigation plan;
	536	+	4. Providing funds in support of efforts to acquire and
	537	+	demolish or relocate, if t echnically feasible, or elevate structures
	538	+	located in areas prone to flooding including expenses to ensure that
	539	+	people whose real property is acquired using federal funds, or who
	540	+	move as a result of projects receiving funds, will be treated fairly
	541	+	and equitably, pursuant to the Uniform Relocation Assistance an d
	542	+	Real Property Acquisition Policies Act of 1970, Se ctions 4601
	543	+	through 4655 of Title 42 of the United States Code, and receive
	544	+	assistance in moving from the property they occupy;
	545	+	5. Providing fundin g to county health departments for the
	546	+	creation of and implementation of public health hazard mitigation
	547	+	plans;
345	548		6. Funding for studies, evaluations, consulting services and
346	549		professional services related directly or indirectly to purposes in
347	550		paragraphs 1 through 5 of this subsection;
348	551		7. Providing and receiving hazard mitigation training;
349	552		8. Providing administr ative costs not to exceed five percent
350	553		(5%) of the total amount of assessment collected annually for the
351	554		administration of the hazard mitigation pla n;
352		-	9. Providing for costs incurred by the county for in cluding
353		-	hazard mitigation assessment information in the tax statement as
354		-	provided in subsection B of Section 2915 of Title 68 of the Oklahoma
355		-	Statutes;
356		-	10. Providing any funds requ ired as a deductible on the
357		-	municipal and county property insurance policie s that cover any
358		-	property, buildings, facilities, equipment, vehicles and materials
359		-	located within the district damaged or destroyed as a result of the
360		-	hazard for which an insurance claim is filed. For purposes of this
361		-	section, “hazard” shall mean a condition with the potential threat
362		-	or actual loss or harm to humans, property, the community or
363		-	environment that is naturally occurring or a human -induced disaster
364		-	or event which poses or results in great risk or danger or damage;
365		-	11. Providing for any requir ed matching funds in order to
366		-	receive hazard mitigation grants from the state or federal
367		-	government or any private sector or nonprofit organization provided
368		-	grant funds;
369	555
370		-	SENATE FLOOR VERSION - SB189 SFLR Page 8
371		-	(Bold face denotes Committee Amendments) 1
	556	+
	557	+	Req. No. 878 Page 8 1
	558	+	2
	559	+	3
	560	+	4
	561	+	5
	562	+	6
	563	+	7
	564	+	8
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	568	+	12
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	574	+	18
	575	+	19
	576	+	20
	577	+	21
	578	+	22
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	580	+	24
	581	+	1
372	582		2
373	583		3
374	584		4
375	585		5
376	586		6
377	587		7
378	588		8
379	589		9
380	590		10
381	591		11
382	592		12
383	593		13
384	594		14
385	595		15
386	596		16
387	597		17
388	598		18
389	599		19
390	600		20
391	601		21
392	602		22
393	603		23
394	604		24
395	605
	606	+	9. Providing for costs incurred by the county for in cluding
	607	+	hazard mitigation assessment information in the tax statement as
	608	+	provided in subsection B of Section 2915 of Title 68 of the Oklahoma
	609	+	Statutes;
	610	+	10. Providing any funds required as a deductibl e on the
	611	+	municipal and county property insurance policie s that cover any
	612	+	property, buildings, facilities, eq uipment, vehicles and materials
	613	+	located within the district damaged or destroyed as a result of the
	614	+	hazard for which an insurance claim is filed. F or purposes of this
	615	+	section, “hazard” shall mean a condition with the potential threat
	616	+	or actual loss or har m to humans, property, the community or
	617	+	environment that is naturally occurring or a human -induced disaster
	618	+	or event which poses or results in great risk or danger or damage;
	619	+	11. Providing for any requir ed matching funds in order to
	620	+	receive hazard mitigat ion grants from the state or federal
	621	+	government or any private sector or nonprofit organization provided
	622	+	grant funds;
396	623		12. Providing hazard mitigati on and disaster recovery funding
397	624		to public authorities a nd trusts which are responsible for the
398	625		management, operation, construction, maintenance and preservation of
399	626		public property; and
400	627		13. Providing funds for any cleanup, demolition, debris removal
401	628		and hazardous material removal following any hazard.
402		-	D. The establishment of the hazard mitigation annual assessment
403		-	shall terminate five (5) years after the passage by the voters of
404		-	the county unless renewed by the voters of the county.
405		-	SECTION 8. NEW LAW A new section of law to be codified
406		-	in the Oklahoma Statutes as Section 501.8 of Title 19, unless there
407		-	is created a duplication in numbering, reads as follows:
408		-	No portion of annual assessment shall be used to suppla nt or be
409		-	used in exchange for any current appropriations dedicated for and
410		-	expended for hazard mitigation or disaster recovery expenditures.
411		-	The annual assessment shall only be used in addition to or to
412		-	supplement current appropriations and expenditures f or hazard
413		-	mitigation or disaster recovery. The prohibition provided in thi s
414		-	subsection shall not apply to federal Community Development Block
415		-	Grant (CDBG) funding which a county or municipality is using for
416		-	hazard mitigation or disaster recovery. In thos e cases, the annual
417		-	assessment shall be used to replace any CDBG funding wh ich has been
418		-	directed towards hazard mitigation, disaster recovery expenditures
419		-	or both hazard mitigation and disaster recovery expenditures.
420	629
421		-	SENATE FLOOR VERSION - SB189 SFLR Page 9
422		-	(Bold face denotes Committee Amendments) 1
	630	+
	631	+	Req. No. 878 Page 9 1
	632	+	2
	633	+	3
	634	+	4
	635	+	5
	636	+	6
	637	+	7
	638	+	8
	639	+	9
	640	+	10
	641	+	11
	642	+	12
	643	+	13
	644	+	14
	645	+	15
	646	+	16
	647	+	17
	648	+	18
	649	+	19
	650	+	20
	651	+	21
	652	+	22
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	654	+	24
	655	+	1
423	656		2
424	657		3
425	658		4
426	659		5
427	660		6
428	661		7
429	662		8
430	663		9
431	664		10
432	665		11
433	666		12
434	667		13
435	668		14
436	669		15
437	670		16
438	671		17
439	672		18
440	673		19
441	674		20
442	675		21
443	676		22
444	677		23
445	678		24
446	679
	680	+	D. The establishment of the hazard mitigation annual assess ment
	681	+	shall terminate five (5) years after the passage by the voters of
	682	+	the county unless renewed by the voters of the county.
	683	+	SECTION 8. NEW LAW A new section of law to be codified
	684	+	in the Oklahoma Statutes as Section 501.8 of Title 19, unless there
	685	+	is created a duplication in numbering, reads as follows:
	686	+	No portion of annual assessment shall be used to supplant or be
	687	+	used in exchange for any current appropriations dedicated for and
	688	+	expended for hazard mitigation or disaster recovery expenditures.
	689	+	The annual assessment shall only be used in addition to or to
	690	+	supplement current appropriations and expenditures for hazard
	691	+	mitigation or disaster recovery. The prohibition provided in thi s
	692	+	subsection shall not apply to federal Community De velopment Block
	693	+	Grant (CDBG) funding which a county or municipality is using for
	694	+	hazard mitigation or disaster recovery. In those cases, the annual
	695	+	assessment shall be used to replace any CDBG funding wh ich has been
	696	+	directed towards hazard mitigation, dis aster recovery expenditures
	697	+	or both hazard mitigation and disaster recovery expenditures.
447	698		SECTION 9. NEW LAW A new section of law to be codified
448	699		in the Oklahoma Statutes as Section 501.9 of Title 19, unless there
449	700		is created a duplication in numbering, reads as follows:
450	701		In counties determined by the most recent Federal Decennial
451	702		Census to be completely or mostly rural, no less th an forty percent
452	703		(40%) of the annual assessment collect ed in the county shall be used
453		-	for mitigation improvements, disaster recovery or both mitigation
454		-	improvements and disaster recovery impacting agricultural property.
455		-	SECTION 10. NEW LAW A new section of law to be codified
456		-	in the Oklahoma Statutes as Section 501.10 of Title 19, unless there
457		-	is created a duplication in numbering, reads as follows:
458		-	Every assessment levied under the authority of the Oklahoma
459		-	Hazard Mitigation Assessment District Act shall be a lien against
460		-	the tract of land on which it has been levied, until paid, and the
461		-	lien shall be coequal with the lien of ad valorem and other taxes
462		-	including special assessments, and prior and superior to all oth er
463		-	liens, and the assessment shall draw interest and shall be collected
464		-	in the same manner as ad valorem taxes.
465		-	SECTION 11. NEW LAW A new section of law to be codified
466		-	in the Oklahoma Statutes as Section 501.11 of Title 19, unless th ere
467		-	is created a duplication in numbering, reads as follows:
468		-	The county assessor shall compute and enter, in respective
469		-	columns of the tax rolls, the respective sums in dollars and cents
470		-	to be paid on each piece of property therein enumerated. The county
471	704
472		-	SENATE FLOOR VERSION - SB189 SFLR Page 10
473		-	(Bold face denotes Committee Amendments) 1
	705	+
	706	+	Req. No. 878 Page 10 1
	707	+	2
	708	+	3
	709	+	4
	710	+	5
	711	+	6
	712	+	7
	713	+	8
	714	+	9
	715	+	10
	716	+	11
	717	+	12
	718	+	13
	719	+	14
	720	+	15
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	722	+	17
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	724	+	19
	725	+	20
	726	+	21
	727	+	22
	728	+	23
	729	+	24
	730	+	1
474	731		2
475	732		3
476	733		4
477	734		5
478	735		6
479	736		7
480	737		8
481	738		9
482	739		10
483	740		11
484	741		12
485	742		13
486	743		14
487	744		15
488	745		16
489	746		17
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491	748		19
492	749		20
493	750		21
494	751		22
495	752		23
496	753		24
497	754
	755	+	for mitigation improv ements, disaster recovery or both mitigation
	756	+	improvements and disaster recovery impacting agricultural property.
	757	+	SECTION 10. NEW LAW A new section of law to be codified
	758	+	in the Oklahoma Statutes as Section 501.10 of Title 19, unless t here
	759	+	is created a duplication in numbering, reads as follows:
	760	+	Every assessment levied under the authority of the Oklahoma
	761	+	Hazard Mitigation Assessmen t District Act shall be a lien against
	762	+	the tract of land on which it has been levied, until paid, and the
	763	+	lien shall be coequal with the lien of ad valorem and other taxes
	764	+	including special assessments, and prior and superior to all other
	765	+	liens, and the assessment shall draw interest and shall be collected
	766	+	in the same manner as ad valorem taxes.
	767	+	SECTION 11. NEW LAW A new section of law to be codified
	768	+	in the Oklahoma Statutes as Section 501.11 of Title 19, unless there
	769	+	is created a duplication in numbering, reads as follows:
	770	+	The county assessor shall compute and enter, in respective
	771	+	columns of the tax rolls, the respective sums in dollars and cents
	772	+	to be paid on each piece of property therein enumerated. The county
498	773		clerk shall certify to the county treasurer in the county where the
499	774		district, or any part thereof, is located the amount of ass essment
500	775		in each fund levied upon each tract. The county treasurer shall
501	776		enter the amount of each in separate columns of the tax list of the
502	777		county. The assessments shall be collected by the county trea surer
503	778		at the same time and in the same manner as all other taxes are
504		-	collected in this state. Costs associated with the collection of
505		-	the assessments incurred by the county treasure r shall be paid from
506		-	the proceeds of the district. If any assessment beco mes delinquent,
507		-	it shall draw interest as a penalty after delinquency at the rate of
508		-	eighteen percent (18%) per annum. All assessments and penalties
509		-	collected or received from the O klahoma Hazard Mitigation Assessment
510		-	District Act shall be paid to the cou nty treasurer.
511		-	SECTION 12. NEW LAW A new section of law to be codified
512		-	in the Oklahoma Statutes as Section 501.12 of Title 19, unless there
513		-	is created a duplication in numbering, reads as follows:
514		-	A hazard mitigation assessment distr ict may be dissolved by a
515		-	majority vote of the registered voters at an election called for
516		-	that purpose by the governing body of the county.
517		-	SECTION 13. NEW LAW A new section of law to be codified
518		-	in the Oklahoma Statutes as Section 501.13 of Title 19, unless there
519		-	is created a duplication in numbering, reads as follows:
520		-	The governing body of the county is authorized to negotiate and
521		-	enter into intergovernmental cooperative agreements on behalf of the
522	779
523		-	SENATE FLOOR VERSION - SB189 SFLR Page 11
524		-	(Bold face denotes Committee Amendments) 1
	780	+
	781	+	Req. No. 878 Page 11 1
	782	+	2
	783	+	3
	784	+	4
	785	+	5
	786	+	6
	787	+	7
	788	+	8
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	790	+	10
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	792	+	12
	793	+	13
	794	+	14
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	796	+	16
	797	+	17
	798	+	18
	799	+	19
	800	+	20
	801	+	21
	802	+	22
	803	+	23
	804	+	24
	805	+	1
525	806		2
526	807		3
527	808		4
528	809		5
529	810		6
530	811		7
531	812		8
532	813		9
533	814		10
534	815		11
535	816		12
536	817		13
537	818		14
538	819		15
539	820		16
540	821		17
541	822		18
542	823		19
543	824		20
544	825		21
545	826		22
546	827		23
547	828		24
548	829
	830	+	collected in this state. Costs associated with the collection of
	831	+	the assessments incurred by the county treasurer shall be paid fro m
	832	+	the proceeds of the district. If any assessment beco mes delinquent,
	833	+	it shall draw interest as a penalty a fter delinquency at the rate of
	834	+	eighteen percent (18%) per annum. All assessments and penalties
	835	+	collected or received from the Oklahoma Hazard Miti gation Assessment
	836	+	District Act shall be paid to the cou nty treasurer.
	837	+	SECTION 12. NEW LAW A new section of law to be codified
	838	+	in the Oklahoma Statutes as Section 501.12 of Title 19, unless there
	839	+	is created a duplication in numbering, reads as follows:
	840	+	A hazard mitigation assessment distr ict may be dissolved by a
	841	+	majority vote of the regist ered voters at an election called for
	842	+	that purpose by the governing body of the county.
	843	+	SECTION 13. NEW LAW A new section of law to be codified
	844	+	in the Oklahoma Statutes as Section 501.13 of Title 19, unless there
	845	+	is created a duplica tion in numbering, reads as follows:
	846	+	The governing body of the county is authorized to negotiate and
	847	+	enter into intergovernmental cooperative agreem ents on behalf of the
549	848		district with a federally recogni zed Indian tribal government within
550	849		this state, owner of restricted property, beneficiaries of trust
551	850		property and the federal Bureau of Indian Affairs to address
552	851		payments in lieu of assessments and oth er issues of mutual interest.
553		-	SECTION 14. NEW LAW A new section of law to be codified
554		-	in the Oklahoma Statutes as Section 501.14 of Title 19, unless there
555		-	is created a duplication in numbering, reads as follows:
556		-	The governing body of the county shall prepare, present and file
557		-	quarterly reports on the activities of the haz ard mitigation
558		-	assessment district. The reports shall include, but shall not be
559		-	limited to, the current receipts, the current expenditures and t he
560		-	projects funded, the projects to be funded in the next quarter, any
561		-	reports and recommendations received fro m the hazard mitigation
562		-	advisory board, and any other information regarding the activities
563		-	and actions taken.
564		-	SECTION 15. AMENDATORY 68 O.S. 2011, Section 2915, is
565		-	amended to read as follows:
566		-	Section 2915. A. It shall be the duty of every person subject
567		-	to taxation under the Ad Valorem Tax Code, Section 2801 et seq. of
568		-	this title, to attend the treasurer ’s office and pay taxes, and if
569		-	any person neglects to attend and pay t axes until after they have
570		-	become delinquent, the treasurer shall collect t he same in the
571		-	manner provided by law. If any person owing taxes , removes from one
572		-	county to another in this state, the county treasurer shall forward
573	852
574		-	SENATE FLOOR VERSION - SB189 SFLR Page 12
575		-	(Bold face denotes Committee Amendments) 1
	853	+
	854	+	Req. No. 878 Page 12 1
	855	+	2
	856	+	3
	857	+	4
	858	+	5
	859	+	6
	860	+	7
	861	+	8
	862	+	9
	863	+	10
	864	+	11
	865	+	12
	866	+	13
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	874	+	21
	875	+	22
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	877	+	24
	878	+	1
576	879		2
577	880		3
578	881		4
579	882		5
580	883		6
581	884		7
582	885		8
583	886		9
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585	888		11
586	889		12
587	890		13
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594	897		20
595	898		21
596	899		22
597	900		23
598	901		24
599	902
	903	+	SECTION 14. NEW LAW A new section of law to be codified
	904	+	in the Oklahoma Statutes as Section 501.14 of Title 19, unless there
	905	+	is created a duplication in numbering, reads as follows:
	906	+	The governing body of the county sha ll prepare, present and file
	907	+	quarterly reports on the activities of the haz ard mitigation
	908	+	assessment district. The reports shall include, but shall not be
	909	+	limited to, the current receipts, the current expenditures and the
	910	+	projects funded, the projects to be funded in the next quarter, any
	911	+	reports and recommendations received fro m the hazard mitigation
	912	+	advisory board, and any other information regarding the activities
	913	+	and actions taken.
	914	+	SECTION 15. AMENDATORY 68 O.S. 2011, Section 2915, is
	915	+	amended to read as follows:
	916	+	Section 2915. A. It shall be the duty of every person subject
	917	+	to taxation under the Ad Valorem Tax Code, Section 2801 et seq. of
	918	+	this title, to attend the treasurer ’s office and pay taxes, and if
	919	+	any person neglects to attend and pay t axes until after they have
	920	+	become delinquent, the treasurer shall collect the same in the
	921	+	manner provided by law. If any person owing taxes , removes from one
	922	+	county to another in this state, the county treasurer shall forward
600	923		the tax claim to the treasure r of the county to wh ich the person has
601	924		removed, and the taxes shall be co llected by the county treasurer of
602	925		the latter place as other taxes and returned to the proper county,
603	926		less legal charges. The county treasurer may visit, in person or by
604		-	deputy, places other than the co unty seat for the purpose of
605		-	receiving taxes. Nothing herein shall be so construed as to prevent
606		-	an agent of any person subject to taxation from paying the taxes.
607		-	B. The county treasurer of each county shall, within thirty
608		-	(30) days after the tax rolls h ave been completed and delivered to
609		-	the office of the county treasurer by the county assessor, mail to
610		-	each taxpayer at the taxpayer ’s last-known address a statement
611		-	showing separately the amount of all ad valorem taxes assessed
612		-	against the taxpayer’s real and personal property for the current
613		-	year and, all delinquent taxes remaining unpaid thereon for previous
614		-	years and, if applicable, any assessments levied on properties
615		-	within a hazard mitigation assessment district pursuant to Secti on 7
616		-	of this act. At the county treasurer’s option, in lieu of regular
617		-	mailing, the treasurer may instead send the tax statement to the
618		-	taxpayer by electronic mail provided the taxpayer has submitted a
619		-	written request to receive such statements by electro nic mail
620		-	instead of by regular mail. It is expressly provided, however, th at
621		-	failure of any taxpayer to receive such statement, or failure of the
622		-	treasurer to so mail the same, shall not in any way exte nd the date
623		-	by which such taxes or assessments shall be due and payable no r
624	927
625		-	SENATE FLOOR VERSION - SB189 SFLR Page 13
626		-	(Bold face denotes Committee Amendments) 1
	928	+
	929	+	Req. No. 878 Page 13 1
	930	+	2
	931	+	3
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	953	+	1
627	954		2
628	955		3
629	956		4
630	957		5
631	958		6
632	959		7
633	960		8
634	961		9
635	962		10
636	963		11
637	964		12
638	965		13
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641	968		16
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643	970		18
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646	973		21
647	974		22
648	975		23
649	976		24
650	977
	978	+	deputy, places other than the co unty seat for the purpose of
	979	+	receiving taxes. Nothin g herein shall be so construed as to prevent
	980	+	an agent of any person subject to taxation from paying the taxes.
	981	+	B. The county treasurer of each county shall, within thirty
	982	+	(30) days after the tax rolls h ave been completed and delivered to
	983	+	the office of the county treasurer by the county assessor, mail to
	984	+	each taxpayer at the taxpayer ’s last-known address a statement
	985	+	showing separately the amount of all ad valorem taxes assessed
	986	+	against the taxpayer’s real and personal property for the current
	987	+	year and, all delinquent taxes remaining unpaid thereon for previous
	988	+	years and, if applicable, any assessments levied on properties
	989	+	within a hazard mitigation assessment district pursuant to Secti on 7
	990	+	of this act. At the county treasurer’s option, in lieu of regular
	991	+	mailing, the treasurer may instead send the tax statement to the
	992	+	taxpayer by electronic mail provided the taxpayer has submitted a
	993	+	written request to receive such statements by electro nic mail
	994	+	instead of by regular mail. It is expressly provided, however, t hat
	995	+	failure of any taxpayer to receive such statement, or failure of the
	996	+	treasurer to so mail the same, shall not in any way extend the date
	997	+	by which such taxes or assessments shall be due and payable no r
651	998		relieve the taxpayer or property owner of the duty and
652	999		responsibility of paying same as provided by law.
653	1000		C. The statement required by this section shall contain an
654	1001		explanation of how the ad valorem tax bill is calculated using
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655	1053		language so that a person of common understanding would know what is
656	1054		intended. The statement shall also contain an explanation of the
657	1055		manner in which ad valorem taxes are apportioned between the county,
658	1056		school district or other jurisdiction levying ad valorem taxes and
659	1057		shall identify the apportionment of the taxes for the current ye ar
660	1058		on the subject property. The State Auditor and Inspector shall
661	1059		promulgate rules necessary to implement the provisions of this
662	1060		subsection.
663	1061		D. It shall be the mandatory duty of th e county treasurer to
664	1062		request an appropriation for necessary postage and e xpense to defray
665	1063		the cost of furnishing taxpayers the statement herein provided and
666	1064		it shall be the mandatory duty of the board of county commissioners
667	1065		and the county excise board to make such appropriat ion.
668	1066		SECTION 16. This act shall bec ome effective July 1, 2021.
669	1067		SECTION 17. It being immediately necessary for the preservation
670	1068		of the public peace, health or safety, an emergency is hereby
671	1069		declared to exist, by reason wh ereof this act shall take effect and
672	1070		be in full force from and after its passage and app roval.
673		-	~~COMMITTEE REPORT BY: COMMITTEE ON GENERA L GOVERNMENT~~
674		-	~~February 11,~~ ~~2021 - DO PASS AS AMENDED~~
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	1072	+	58-1-878 MR 12/29/2020 10:23:31 AM