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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
ENGROSSED SENATE
BILL NO. 838 By: Weaver, Leewright, Haste,
Dossett (J.A.), Hicks,
Montgomery, Dossett (J.J.),
Rader, Bullard and Garvin
of the Senate
and
Nollan, Hilbert,
Rosecrants, Waldron,
Provenzano and Sims of the
House
An Act relating to cities and towns; creating the
Oklahoma Public Safety Protection District Act;
permitting municipalities to initiate creation of a
public safety protection district; directing a
resolution be submitted to the registered voters of
each municipality; conferring powers; describing
territory of the public safety protection district;
providing for management and budgetary oversight;
declaring a public safety protection district to be a
political subdivision; requiring municipality to pay
for election in proportions determined by county;
providing for notice of election; stating question to
be worded on the ballot; describing eligible voters;
providing for conduct of election subject to general
election laws; requiring majority of votes cast to
establish district; directing filing of ordinance or
resolution; providing for levy of annual assessment
on certain property based on assessed value and
specifying purpose thereof; specifying types of
property to be assessed; providing exemptions;
providing for a lien against property if assessment
is unpaid; stating priority of lien; directing
specified accounting procedures by certain county
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officers; directing certain costs be paid from the
proceeds of the district; requiring interest to be
charged on delinquent assessment; permitting
dissolution of a public safety protection district
and describing process therefor; defining term;
providing for codification; and provid ing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 29 -151 of Title 11, unless there
is created a duplication i n numbering, reads as follows:
This act shall be known and may be cited as the “Oklahoma Public
Safety Protection District Act ”.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 29 -152 of Title 11, unless there
is created a duplication in numbering, reads as follows:
The governing body of a municipality may initiate the creation
of a public safety protection district by the adoption of a
resolution calling for the question to be placed before the
registered voters of the municipality of whether to organize a
public safety protection district. The resolution shall be
submitted to the registered voters of the municipality at the next
general election. When a district is organized, it shall hav e the
powers conferred by this act.
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SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 29 -153 of Title 11, unless there
is created a duplication in numbering, reads as follows:
A. A public safety protection district shall include all
territory located within the municipality.
B. Management of the public safety protection district, as well
as management of any employee hired from district funds, shall be
vested within the existing administrati on of the municipal
government that created the district.
C. Budgetary oversight shall be vested within the existing
legislative body of the municipal government that created the
district.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 29 -154 of Title 11, unless there
is created a duplication in numbering, reads as follows:
A. The costs of an election to establish a public safety
protection district shall be paid by the municipality in th e
proportions determined by the county election board conducting the
special election.
B. The election to determine whether a district shall be
established, and the notice thereof, shall be conducted in the same
manner as other municipal questions which a re submitted to the
electorate of the municipality. The notice shall require the
registered voters of the municipality to cast ballots which contain
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the words: “Public Safety Protection District – Yes” and “Public
Safety Protection District – No” or words equivalent thereto. All
residents of the municipality who are qualified electors shall be
qualified to vote on the proposition. The public safety protection
district election shall be conducted in accordance with the general
election laws of the state, and the regular election officials shall
be in charge at the usual polling place of each regular precinct, or
part of a precinct, which shall include lands within the boundaries
of the municipality.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 29 -155 of Title 11, unless there
is created a duplication in numbering, reads as follows:
If the certified election results show that a sixty percent
(60%) majority of all the votes cast are “Public Safety Protection
District – Yes”, the governing body of the municipality shall, by
adoption of an ordinance or resolution or both an ordinance and
resolution, declare the public safety protection district
established. Any ordinances or resolutions estab lishing a public
safety protection district shall be filed in the office of the
county clerk in the county.
SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 29 -156 of Title 11, unless there
is created a duplication in numbering, reads as follows:
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A. There shall be levied an annual assessment no greater than
five (5) mills on the dollar of assessed value of the types of
property in the district as provided in paragraphs 1, 2 and 3 of
subsection A of Section 2803 of Title 68 of the Oklahoma Statutes,
the proceeds of which shall be used for the operation and
maintenance of the public safety protection district including
expenses related to any of the following, or combination of the
following purposes:
1. Purchasing and maintaining public safety equipment;
2. Purchasing and maintaining public safety vehicles;
3. Payment of salaries and benefits of the municipal employees
who provide law enforcement or fire protection public safety
services or both law enforcement and fire protection public safety
services within the district;
4. Payment of salaries and benefits of the municipal employees
who provide emergency medical services; or
5. Payment for emergency medical services provided by the
municipality.
Such proceeds may also be used for payment of any costs related
to fire and police operations. Such assessment shall only be levied
on the types of property located in the district as provided in
paragraphs 1, 2 and 3 of subsection A of Section 2 803 of Title 68 of
the Oklahoma Statutes.
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B. The annual assessment provided in subsection A of this
section shall not apply to real property zoned for agricultural or
industrial land use, livestock employed in support of the family,
implements of husbandr y as defined by Section 1 -125 of Title 47 of
the Oklahoma Statutes, personal property owned by agricultural
business entities and public service corporations as defined by
Section 2808 of Title 68 of the Oklahoma Statutes.
SECTION 7. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 29 -157 of Title 11, unless there
is created a duplication in numbering, reads as follows:
Every assessment levied under the authority of this act shall be
a lien against the tract of land on which it has been levied, until
paid, and the lien shall be coequal with the lien of ad valorem and
other taxes including special assessments, and prior and superior to
all other liens, and the assessment shall draw interest and shall be
collected in the same manner as ad valorem taxes.
SECTION 8. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 29 -158 of Title 11, unless there
is created a duplication in numbering, reads as follows:
The county assessor shall compute and enter in respective
columns of the tax rolls the respective sums in dollars and cents to
be paid on each piece of property therein enumerated. The county
clerk shall certify to the county treasurer in the county where t he
district or any part thereof is located the amount of assessment in
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each fund levied upon each tract. The county treasurer shall enter
the amount of each in separate columns of the tax list of the
county. The assessments shall be collected by the coun ty treasurer
at the same time and in the same manner as all other taxes are
collected in this state. Costs associated with the collection of
the assessments incurred by the county treasurer shall be paid from
the proceeds of the district. If any assessme nt becomes delinquent,
it shall draw interest as a penalty after delinquency at the rate of
eighteen percent (18%) per annum. All assessments and penalties
collected or received by the county treasurer pursuant to this act
shall be paid to the municipal t reasurers for the benefit of the
public safety protection district.
SECTION 9. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 29 -159 of Title 11, unless there
is created a duplication in numbering, r eads as follows:
A public safety protection district may be dissolved by a
majority vote of the registered voters at an election called for
that purpose by the governing body of the municipality.
SECTION 10. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 29 -160 of Title 11, unless there
is created a duplication in numbering, reads as follows:
As used in this act, “public safety protection ” means any of, or
combinations of, the following operations:
1. Law enforcement;
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2. Fire public safety protections; or
3. Emergency medical services provided by the municipality.
SECTION 11. This act shall become effective November 1, 2021.
COMMITTEE REPORT BY: COMMITTEE ON GENERAL GOVERNMENT, dated
04/01/2021 - DO PASS, As Coauthored.