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SENATE FLOOR VERSION
February 4, 2021
SENATE BILL NO. 838 By: Weaver, Leewright, Haste,
Dossett (J.A.), Hicks,
Montgomery and Dossett
(J.J.) of the Senate
and
Nollan and Hilbert of the
House
An Act relating to cities and towns; creat ing 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; con ferring 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 prop ortions determined by count y;
providing for notice of election; stating question to
be worded on the ballot; describing eligible vot ers;
providing for conduct of election subject to general
election laws; requiring majority of votes cast to
establish district; directing filing of or dinance or
resolution; providing for levy of annual assessment
on certain property based on assessed valu e and
specifying purpose thereof; specifying types of
property to be assessed; providing exemptions;
providing for a lien ag ainst property if assessmen t
is unpaid; stating priority of lien; directing
specified accounting procedures by certain county
officers; directing certain costs be paid from the
proceeds of the district; requiring interest to be
charged on delinquent assess ment; permitting
dissolution of a public safety protection district
and describing process therefor; defining term;
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providing for codification; and providing 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 in 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 duplicat ion in numbering, reads as follows:
The governing body of a municipality may ini tiate the creation
of a public safety protection district by the adoption of a
resolution calling for the questio n to be placed before the
registered voters of the municipality of whether to organize a
public safety protection di strict. The resolution sha ll be
submitted to the registered voters of the municipality at the next
general election. When a district is or ganized, it shall have the
powers conferred by t his act.
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:
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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 d istrict funds, shall be
vested within the existing administration of the municipal
government that create d the district.
C. Budgetary oversight shall be vest ed 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 S ection 29-154 of Title 11, unless there
is created a duplication in numbering, r eads as follows:
A. The costs of an election to establish a public saf ety
protection district shall be paid by the municipality in the
proportions determined by the county ele ction board conducting the
special election.
B. The election to determine wheth er a district shall be
established, and the notice thereof, shall be co nducted in the same
manner as other municipal questions which are submitted to the
electorate of the muni cipality. The notice shall require the
registered voters of the municipality to cast ballots which contain
the words: “Public Safety Protection Distri ct – Yes” and “Public
Safety Protection District – No” or words equivalent thereto. All
residents of the municipality who are qualified electors shall be
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qualified to vote on the propo sition. The public safety protection
district election shall be conduc ted 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 regula r 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 Stat utes as Section 29-155 of Title 11, unless there
is created a duplication in num bering, 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 resolutio n or both an ordinance and
resolution, declare the public safety protec tion district
established. Any ordinances or resolutions establishing a public
safety protection distric t 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, rea ds as follows:
A. There shall be levied an annual as sessment 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 Ok lahoma Statutes,
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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 pu blic 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 f or payment of any costs related
to fire and police op erations. Such assessment s hall only be levied
on the types of property located in the district a s provided in
paragraphs 1, 2 and 3 of subsection A of Section 2803 of Title 68 of
the Oklahoma Statutes.
B. The annual assessment provided in subsection A o f this
section shall not app ly to real property zoned for agricultural or
industrial land use, liv estock employed in support of the family ,
personal property owned by agricultural business entities and public
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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 author ity 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 a ssessment 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 t o the county treasurer in the county where the
district or any part thereof is located the amount of assessment in
each fund levied upon each tract. The county treasurer sha ll enter
the amount of each in separate columns of th e tax list of the
county. The assessments shall be collected by the county treasurer
at the same time and in the same manner as all other taxes are
collected in this state. Costs associated with the co llection of
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the assessments incurred by the county tr easurer shall be paid from
the proceeds of the district. If any assessment 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 t he county treasurer pursuant to this act
shall be paid to the municipal treasurers for the benefit of the
public safety protection district.
SECTION 9. NEW LAW A new section of la w to be codified
in the Oklahoma Statutes as Section 29-159 of Title 11, unless there
is created a duplication in numbering, reads as follows:
A public safety protection district may be dissolved by a
majority vote of the registered voters at an election c alled for
that purpose by the governing body of the m unicipality.
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, rea ds as follows:
As used in this act, “public safety protection” means any of, or
combinations of, the following operations:
1. Law enforcement;
2. Fire public safety protections; or
3. Emergency medical services provided by the municipality.
SECTION 11. This act shall become effective Novem ber 1, 2021.
COMMITTEE REPORT BY: COMMITTEE ON GENERAL GOVERNMENT
February 4, 2021 - DO PASS