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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
SENATE BILL 479 By: Burns
AS INTRODUCED
An Act relating to the Oklahoma Rural Road
Improvement District Act; amending 19 O.S. 2011,
Sections 902.3, 902.4, 902.5, 902.6, 902.12, 902.20
and 902.21, which relate to the notice and conduct of
county elections; requiring county commissioners to
provide public notice under certain circumstances;
granting county commissioners authority to determine
districts; establishing how vacancies are filled
under certain circumstances; providing an effective
date; and declaring an emergency .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 19 O.S. 2011, Sectio n 902.3, is
amended to read as follows:
Section 902.3. The petition shall set forth and particularly
describe the proposed boundaries of such district and shall be
accompanied by a map of such propo sed district. The petitioners
shall accompany such petition with a cash deposit, th e amount of
which shall be approved by the board of county commissioners. The
cash shall be deposited with the county treasurer in a special fund
which shall be used for t he purposes of defraying the cost s of the
publications and of the election for the o rganization of the
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district. Any unused portion of the amount deposited shall be
refunded to the petitioners upon request.
The petition shall be filed with the county cler k of such county
who shall present it to the board of county commissioners at their
next regular or special m eeting. Upon the presentat ion of the
petition, the board of county commissioners shall set the petition
for hearing at a time not less than twenty (20) days nor more than
forty (40) days from the date of presentation and shall dir ect the
county clerk to give notice of the hearing b y publication in a
newspaper of general circulation in the county in which the proposed
district is located. The notice shall be published one (1) day a
week for two (2) consecutive weeks preceding the d ate of such
hearing. The notice shall describe the boundaries of the proposed
district, shall state the time and place of the hearing, and shall
state that any person may appear and protest the organizati on of the
district or the proposed boundaries of th e district.
The board of county commissioners shall hold the hearing
described in the notice, and it shall have jurisdiction to hear and
determine all protests to the creat ion of such district and all
matters pertaining to the same. It may amend the plan of the
district by excluding from within its boundar ies any lands which it
may deem will not be benefited by the formation of such district, or
by including other lands as a part thereof upon application o f the
owners of such land. However, it shall not e xclude from such
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district any lands which are comple tely surrounded by lands which
are included in the proposed district.
At the conclusion of the hearing, the board of cou nty
commissioners shall make an o rder determining the boundaries of the
proposed district, particularly descr ibing them, and shall deter mine
whether the formation of such district will be conducive to the
improvement of safe travel in the incorporated area . If the board
determines that the district will be conducive to safe travel in the
area incorporated in the district and will be in th e best interests
of the people residing or owning real property in the district, then
the board may give the proposed di strict a name and call an electio n
of the registered voters in the territory compris ing such proposed
district, or if there are no regis tered voters or fewer than five
(5) registered voter s in the territory comprising the proposed
district, call an election of the owners of real property in the
territory comprising the proposed district who are registered
voters, no election shall be held and the county commissioners shall
give sufficient public notice for a public comment period on the
question of whether the district shall be organized. In proclaiming
the election, the board of county c ommissioners shall provide
descriptions of the boundari es of the proposed district and maps of
the proposed district in sufficient quantities to provide one for
each polling place to be open during the ele ction.
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SECTION 2. AMENDATORY 19 O.S. 2011, Section 902.4, is
amended to read as follow s:
Section 902.4. The county clerk shall cause n otice of the
election to be given one (1) day a week for two ( 2) consecutive
weeks by publication in a newspaper of gen eral circulation in the
territory comprising the propos ed district. The notice shall state
the time and place of holding the election an d set forth the
description of the boundaries of the proposed district and its
general purpose and intention. All pers ons who are residents of th e
proposed district and who are registered voters in their respective
precincts shall be qualified to vote on the proposition. If there
are no persons who are residents of the proposed district, all
persons owning real property within the proposed distric t who are
registered voters shall be qualified to vote on the proposition. If
fewer than five (5) re gistered voters reside within the proposed
district, no election shall be held and the board of county
commissioners shall determine whether the district w ill be
conductive to safe travel in the area and will be in the best
interest of the people residing or owning real p roperty in the
district.
SECTION 3. AMENDATORY 19 O.S. 2011, S ection 902.5, is
amended to read as follows:
Section 902.5. Such elections, if required, shall be conducted
in accordance with the general election laws of the state and the
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regular election offici als shall be in charg e at the usual polling
place of each regular precinct, or part of a precinct, which shal l
include lands within the boundaries of such proposed district. The
county election board shall certify results of the election to the
board of county commissioners w ho shall meet on the second Monday
next following such election and proceed to determine the
percentages of the vote cast.
If, upon such determination, it appears that at least three -
fifths (3/5) of all the votes cast are “Rural Road Improvement
District - Yes”, the board shall, by order declare such territory
duly organized as a rural road i mprovement district under the name
theretofore designated. Such order shall be filed for record in the
office of the county clerk and from that da te such district shal l be
complete.
SECTION 4. AMENDATORY 19 O.S. 2011, Section 902 .6, is
amended to read as follows:
Section 902.6. Directors of a rural road improvement district
shall be the owners of real property in and residents of said the
district. If the rural road improvement district has fewer than
five (5) residents, any vacancies shall be filled by appoint ment.
First vacancies are appointed by the county commissioners in which
the road district is established. Second vacancies shall be
appointed by the district judge for t he county. Third vacanc ies
shall be appointed by the senator for the county. At the time of
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making its order organizing the district, the board of county
commissioners shall set a first meeting of property owners of said
district and direct the manner of giving notice by public ation
thereof. The owners of property within the district pr esent at such
meeting shall elect nine (9) three (3) directors or more who shall
hold their office until the next general election, at whi ch time
their successors shall be elected. Vacancies unfilled by the
election shall be filled in accordance to this s ection. The
property owners present at such first meeting shall adopt the bylaws
of the district. At the first general el ection after organization
of the district the th ree qualified persons re ceiving the highest
number of votes for member of board of di rectors of the district
shall hold their respective offices for the term of six (6) years.
The three qualified persons rec eiving the next highest number of
votes shall be elected for four (4) ye ars, and the three qualified
persons having the next highest number of votes shall be elected for
two (2) years. Each two (2) years thereafter, there shall be
elected for a term of si x (6) years three members of said board of
directors. The board of dire ctors of the district shall submit,
within fifteen (15) days before the filing period of any district
election, a resolution to the secretary of the county election board
conducting said election. The resolution shall contain the
following:
1. The date of the election; and
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2. The offices to be filled or the quest ions to be voted upon
at the election; and
3. Qualifications for the offices; and
4. Any other information necessary for conducting said
election.
The regular election i n the district shall be held at the same time
as the general election in this state. All polling places of
precincts, all or any part of which include areas within the
boundaries of the district, shall be su pplied ballots for the
purpose of permitting ele ctors of the district to vote for members
of the board of directors of the district. Filing for the office of
member of the board of directors shall be with the county election
board on a nonpartisan basis d uring the regular filing period for
state and county offices and shall b e done without the payment of a
filing fee and without filing of a petition in support of the
candidate’s candidacy. Vacancies on the board shall be filled, for
the unexpired term the reof, by the board of directors.
SECTION 5. AMENDATORY 19 O.S. 2011, Section 902.12, is
amended to read as follows:
Section 902.12. A. When the board of directors sha ll have
estimated the cost of purchases and cons truction work, it shall call
an election at which shall be sub mitted to the registered voters of
the district, or if there are no registered voters of the district,
the owners of real property in the district who are registered
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voters, the question of whether the bonds of the district shall be
issued in the amount so determined. If fewer than five (5)
registered voters live within the road asses sment district, no
election shall be held and the county commissioners shall give
sufficient pubic notice for a p ublic comment period to all
registered property owners within the road assessment dist rict prior
to making a determination of whether bonds shall be issued.
However, the bonds shall not be issued for more th an the actual
estimated cost of such purchase and c onstruction.
B. The resolution of the board calling such e lection shall
divide the district into voting preci ncts of convenient size and a
map thereof shall be filed with the district secretary. The
precincts so formed may be changed by the board any tim e thereafter,
except that no change shall be made within th irty (30) days next
preceding any election. The re solution shall appoint for each
precinct, from the owners of real property in and residents of the
district who are registered voters, or if there are no residents of
the district, the owners of real prope rty in the district who are
registered voters, one clerk and two judges, who shall constitute a
board of election for the precinct. If the member s appointed do not
attend at the opening of the pol ls on the morning of the e lection,
the board may appoint ot her owners of real prope rty in and residents
of the district who are registered voters, or if there are no
residents of the district, owners of re al property in the district
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who are registered vote rs, to supply the place or places of those
absent. The resolution shall designate the date, hour and place in
the precincts where the election will be held.
C. Notice of the election shall be given by pu blication in some
newspaper of general circulation in the county in which the district
is located once a week for three (3) consecutiv e weeks next
preceding the date of the election, and by posting the notice in
three public places in each election precinc t, as established by the
board of directors, for at least twenty (20) days pr ior to the date
of the election.
The notice shall specify :
1. The date of the elect ion;
2. The location of the polling places;
3. The time that the polls will open and close; a nd
4. The amount of bonds proposed to be issued.
D. One of the judges of ea ch precinct shall be chairman of the
election board of th e precinct and may administ er all oaths required
in the progress of the ele ction, and appoint another judge or clerk,
if during the progress of the election any judge or cle rk ceases to
act.
E. At the election, the ballots shall co ntain the words: “Bonds
- Yes”, and “Bonds - No”, or words equivalent thereto.
F. The election sha ll be held as nearly as may be in conformity
with the provisions governing the election for the fo rmation of the
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district. However, no county election board nor precinct election
board shall be involved in c onducting the election. No
informalities in con ducting the election shall invalidate the
election if the election shall have been otherwise fairl y conducted.
G. The board of directors shall meet as soon as practicable
after the election and canvass the r eturns. If a majority of the
ballots cast are “Bonds - Yes”, or, if the determination was set by
the county commissioners as to whether bonds shall be issued, the
board shall cause negotiable bonds in the amount to be issued.
SECTION 6. AMENDATORY 19 O.S. 2011, Section 902.20, is
amended to read as follows:
Section 902.20. Elections to determine whether a rural road
improvement district will be organized m ay be conducted at a mas s
meeting or convention of the owners of real prope rty in and
residents of the district, o r if there are no residents of the
district, the owners of real property in the district, w ho are
qualified to vote. The chair of the board o f county commissioners
or his or her designee sh all preside at the meeting and the voting
shall be by secret ballo t. The presiding officer shall have the
authority to appoint a secretary of the meeting an d the commissioner
and secretary shall certify resu lts of the election to t he board of
county commissioners who shall meet on the second Monday next
following the election and proceed to determine the percentage of
votes cast. If, upon such determination, at least three-fifths
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(3/5) of all the votes cast are “Rural Road Improvement District -
Yes”, the board shall, by order decl are such territory duly
organized as a rural road improvement district under the name
designated. If fewer than five (5) registered voters live within
the road assessment district, no election shall be he ld and the
county commissioners shall give sufficient public notice for a mass
meeting or convention open to all registered property owners within
the road assessment district p rior to making a determination of
elections. The order shall be filed for reco rd in the office of the
county clerk and from that date the district shall be complete.
SECTION 7. AMENDATORY 19 O.S. 2 011, Section 902.21, is
amended to read as follows:
Section 902.21. Directors of a rural road improveme nt district
shall be the owners of real property in and re sidents of the
district or, if there are no reside nts of the district, the owners
of real property in the district. At the time of making its order
organizing the district, the board of county comm issioners shall set
a first meeting of property owners of the district and direct the
manner of giving notic e by publication thereof. The owners of
property within the district present at such meeting shall elect
nine (9) three (3) directors or more who shall hold their office
until the second Saturday in Januar y of each even-numbered year, at
which time their successors shall be elected. The property owners
present at the first meeting shall adopt the bylaws of the district.
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Subsequent elections for dire ctors of the district may be he ld
at a mass meeting or con vention of the owners of real property in
and residents of the district, or if there are no residents of the
district, the owners of real property in the district, who are
qualified to vote. The vo ting shall be by secret ballot. At the
first regular election after organization of the district called for
the purpose of electing members of the board of directors, the three
qualified persons receiving the highest number of votes for member
of board of directors of the district shal l hold their respective
offices for a term of six (6) years. The three quali fied persons
receiving the next highest number of votes sha ll be elected for four
(4) years, and the three qualified persons having the next highest
number of votes shall be elect ed for two (2) years. Each two (2)
years thereafter, there shall be elected for a term of six (6) years
three members of the board of d irectors. Notice of the mass meeting
or convention called for the purpose of electing di rectors of a
rural road improvement district shall be give n by publishing notice
of the meeting stating the time, place and agenda in a newspaper of
general circulation in the county in which such district is located
once a week for three (3) consecutive w eeks next preceding the date
of the election, and by posti ng the notice in three public places in
the district for at least twenty (20) days prior to the date of the
election. The notice shall list the offices to be filled and the
questions to be voted on , if any.
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SECTION 8. This act shall becom e effective July 1, 2021.
SECTION 9. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force fro m and after its passage and approval.
58-1-1017 MR 1/19/2021 5:00:23 PM