Req. No. 1207 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF OKLAHOMA 1st Session of the 58th Legislature (2021) SENATE BILL 616 By: Dahm AS INTRODUCED An Act relating to local bond elections; amending 11 O.S. 2011, Section 16 -112, as amended by Section 4, Chapter 380, O.S.L. 2015 (11 O.S. Supp. 2020, Section 16-112), which relates to municipal special elections; modifying date when certain special elections may be conducted; amending 70 O.S. 2011, Section 15-102, which relates to educa tion bond elections; specifying date on which certain el ections may be conducted; updating statutory language; providing an effective date ; and declaring an emergency. BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 1. AMENDATORY 11 O.S. 2011, Section 16 -112, as amended by Section 4, Chapter 380, O.S.L. 2015 (11 O.S. Supp. 20 20, Section 16-112), is amended to read as follows: Section 16-112. When the municipal governing body shall deem it advisable, it may, b y resolution or ordinance, authorize the mayor to call a special election on a date established in Section 3 -101 of Title 26 of the Oklahoma Statutes for the purpose of submitting to the registered voters of the municipality the question of issuing Req. No. 1207 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 municipal bonds, of granting of any franchise, or for any other purpose authorized by law. Notwithstanding any other law, f or purposes of submitting to the registered voters of the municipality t he question of issuing municipal bonds or any tax, the governing bod y may, by resolution ordinance, authorize the mayor to call a special election on a state or federal election day in November in an odd or even -numbered year. SECTION 2. AMENDATORY 70 O.S. 2011, Section 15 -102, is amended to read as follows: Section 15-102. The Notwithstanding any other law, the board of education shall call an election to be held on a state or federal election day in November in an odd or even -numbered year, and to be conducted by the county election board in all respects as other elections, for the purpose of t aking the sense of the district upon the question of issuing such bonds, naming in the proclamation of such election the amount of bonds to be voted on and the purpose for which they are to be issued; and i t shall cause to be published in a newspaper of general circulation in said the district the time and place of such election, such notices to be given at least ten (10) days before such election. In all instances where proclamations for elections for boards of education are required by statute of the mayor of a city, and in all instances where elections for boards of education are provided for by statute wherein the mayor and city clerk are denominated, the president of the board of education shall Req. No. 1207 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 be substituted for the mayor and the clerk of the board of education shall be substituted for the city clerk. Boards of education are hereby declared to be free and independent of cities in all matters relating to school elections legally called upon all school matters, and presidents of boards of education shal l have full power to issue proclamations calling school elections; provided, that no election shall be called on the same proposition within four (4) months after such proposition has been defeated at an e lection by the school district electors. The provi sions of this act section as to the waiting period shall not apply where the school facilities have been destroyed by an act of God. The cost of such elections, together with the cost of such proclamation s, publication, notices or other expenses required, shall be legal costs of boards of education. SECTION 3. This act shall become effective July 1, 202 1. SECTION 4. It being immediately necessary for the preservation of the public peace, health or safety, an emergency is h ereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval. 58-1-1207 MD 1/21/2021 8:45:39 AM