OK
Oklahoma Senate Bill SB838

Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB838 Compare Versions

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4-An Act
5-ENROLLED SENATE
29+HOUSE OF REPRESENTATIVES - FLOOR VERSION
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31+STATE OF OKLAHOMA
32+
33+1st Session of the 58th Legislature (2021)
34+
35+ENGROSSED SENATE
636 BILL NO. 838 By: Weaver, Leewright, Haste,
737 Dossett (J.A.), Hicks,
838 Montgomery, Dossett (J.J.),
939 Rader, Bullard and Garvin
1040 of the Senate
1141
1242 and
1343
1444 Nollan, Hilbert,
1545 Rosecrants, Waldron,
16-Provenzano, Sims, Bush and
17-Lawson of the House
46+Provenzano and Sims of the
47+House
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2253 An Act relating to cities and towns; creating the
2354 Oklahoma Public Safety Protection District Act;
2455 permitting municipalities to initiate creation of a
2556 public safety protection district; directing a
2657 resolution be submitted to the registered voters of
2758 each municipality; conferring powers; describing
2859 territory of the public safety protection district;
2960 providing for management and budgetary oversight;
3061 declaring a public safety protection district to be a
3162 political subdivision; requiring municipality to pay
3263 for election in proportions determined by county;
3364 providing for notice of election; stating question to
3465 be worded on the ballot; describing eligible voters;
3566 providing for conduct of election subject to general
3667 election laws; requiring majority of votes cast to
3768 establish district; directing filing of ordinance or
3869 resolution; providing for levy of annual assessment
3970 on certain property based on assessed value and
4071 specifying purpose thereof; specifying types of
4172 property to be assessed; providing exemptions;
4273 providing for a lien against property if assessment
4374 is unpaid; stating priority of lien; directing
4475 specified accounting procedures by certain county
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45103 officers; directing certain costs be paid from the
46104 proceeds of the district; requiring interest to be
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48-ENR. S. B. NO. 838 Page 2
49105 charged on delinquent assessment; permitting
50106 dissolution of a public safety protection district
51107 and describing process therefor; defining term;
52108 providing for codification; and provid ing an
53109 effective date.
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58-SUBJECT: Public safety protection districts
59114
60115 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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62116 SECTION 1. NEW LAW A new section of law to be codified
63117 in the Oklahoma Statutes as Section 29 -151 of Title 11, unless there
64118 is created a duplication i n numbering, reads as follows:
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66119 This act shall be known and may be cited as the “Oklahoma Public
67120 Safety Protection District Act ”.
68-
69121 SECTION 2. NEW LAW A new section of law to be codified
70122 in the Oklahoma Statutes as Section 29 -152 of Title 11, unless there
71123 is created a duplication in numbering, reads as follows:
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73124 The governing body of a municipality may initiate the creation
74125 of a public safety protection district by the adoption of a
75126 resolution calling for the question to be placed before the
76127 registered voters of the municipality of whether to organize a
77128 public safety protection district. The resolution shall be
78129 submitted to the registered voters of the municipality at the next
79130 general election. When a district is organized, it shall hav e the
80131 powers conferred by this act.
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82159 SECTION 3. NEW LAW A new section of law to be codified
83160 in the Oklahoma Statutes as Section 29 -153 of Title 11, unless there
84161 is created a duplication in numbering, reads as follows:
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86162 A. A public safety protection district shall include all
87163 territory located within the municipality.
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89164 B. Management of the public safety protection district, as well
90165 as management of any employee hired from district funds, shall be
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93166 vested within the existing administrati on of the municipal
94167 government that created the district.
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96168 C. Budgetary oversight shall be vested within the existing
97169 legislative body of the municipal government that created the
98170 district.
99-
100171 SECTION 4. NEW LAW A new section of law to be codified
101172 in the Oklahoma Statutes as Section 29 -154 of Title 11, unless there
102173 is created a duplication in numbering, reads as follows:
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104174 A. The costs of an election to establish a public safety
105175 protection district shall be paid by the municipality in th e
106176 proportions determined by the county election board conducting the
107177 special election.
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109178 B. The election to determine whether a district shall be
110179 established, and the notice thereof, shall be conducted in the same
111180 manner as other municipal questions which a re submitted to the
112181 electorate of the municipality. The notice shall require the
113182 registered voters of the municipality to cast ballots which contain
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114210 the words: “Public Safety Protection District – Yes” and “Public
115211 Safety Protection District – No” or words equivalent thereto. All
116212 residents of the municipality who are qualified electors shall be
117213 qualified to vote on the proposition. The public safety protection
118214 district election shall be conducted in accordance with the general
119215 election laws of the state, and the regular election officials shall
120216 be in charge at the usual polling place of each regular precinct, or
121217 part of a precinct, which shall include lands within the boundaries
122218 of the municipality.
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124219 SECTION 5. NEW LAW A new section of law to be codified
125220 in the Oklahoma Statutes as Section 29 -155 of Title 11, unless there
126221 is created a duplication in numbering, reads as follows:
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128222 If the certified election results show that a sixty percent
129223 (60%) majority of all the votes cast are “Public Safety Protection
130224 District – Yes”, the governing body of the municipality shall, by
131225 adoption of an ordinance or resolution or both an ordinance and
132226 resolution, declare the public safety protection district
133227 established. Any ordinances or resolutions estab lishing a public
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135-ENR. S. B. NO. 838 Page 4
136228 safety protection district shall be filed in the office of the
137229 county clerk in the county.
138-
139230 SECTION 6. NEW LAW A new section of law to be codified
140231 in the Oklahoma Statutes as Section 29 -156 of Title 11, unless there
141232 is created a duplication in numbering, reads as follows:
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143260 A. There shall be levied an annual assessment no greater than
144261 five (5) mills on the dollar of assessed value of the types of
145262 property in the district as provided in paragraphs 1, 2 and 3 of
146263 subsection A of Section 2803 of Title 68 of the Oklahoma Statutes,
147264 the proceeds of which shall be used for the operation and
148265 maintenance of the public safety protection district including
149266 expenses related to any of the following, or combination of the
150267 following purposes:
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152268 1. Purchasing and maintaining public safety equipment;
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154269 2. Purchasing and maintaining public safety vehicles;
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156270 3. Payment of salaries and benefits of the municipal employees
157271 who provide law enforcement or fire protection public safety
158272 services or both law enforcement and fire protection public safety
159273 services within the district;
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161274 4. Payment of salaries and benefits of the municipal employees
162275 who provide emergency medical services; or
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164276 5. Payment for emergency medical services provided by the
165277 municipality.
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167278 Such proceeds may also be used for payment of any costs related
168279 to fire and police operations. Such assessment shall only be levied
169280 on the types of property located in the district as provided in
170281 paragraphs 1, 2 and 3 of subsection A of Section 2 803 of Title 68 of
171282 the Oklahoma Statutes.
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173310 B. The annual assessment provided in subsection A of this
174311 section shall not apply to real property zoned for agricultural or
175312 industrial land use, livestock employed in support of the family,
176313 implements of husbandr y as defined by Section 1 -125 of Title 47 of
177314 the Oklahoma Statutes, personal property owned by agricultural
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180315 business entities and public service corporations as defined by
181316 Section 2808 of Title 68 of the Oklahoma Statutes.
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183317 SECTION 7. NEW LAW A new section of law to be codified
184318 in the Oklahoma Statutes as Section 29 -157 of Title 11, unless there
185319 is created a duplication in numbering, reads as follows:
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187320 Every assessment levied under the authority of this act shall be
188321 a lien against the tract of land on which it has been levied, until
189322 paid, and the lien shall be coequal with the lien of ad valorem and
190323 other taxes including special assessments, and prior and superior to
191324 all other liens, and the assessment shall draw interest and shall be
192325 collected in the same manner as ad valorem taxes.
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194326 SECTION 8. NEW LAW A new section of law to be codified
195327 in the Oklahoma Statutes as Section 29 -158 of Title 11, unless there
196328 is created a duplication in numbering, reads as follows:
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198329 The county assessor shall compute and enter in respective
199330 columns of the tax rolls the respective sums in dollars and cents to
200331 be paid on each piece of property therein enumerated. The county
201332 clerk shall certify to the county treasurer in the county where t he
202333 district or any part thereof is located the amount of assessment in
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203361 each fund levied upon each tract. The county treasurer shall enter
204362 the amount of each in separate columns of the tax list of the
205363 county. The assessments shall be collected by the coun ty treasurer
206364 at the same time and in the same manner as all other taxes are
207365 collected in this state. Costs associated with the collection of
208366 the assessments incurred by the county treasurer shall be paid from
209367 the proceeds of the district. If any assessme nt becomes delinquent,
210368 it shall draw interest as a penalty after delinquency at the rate of
211369 eighteen percent (18%) per annum. All assessments and penalties
212370 collected or received by the county treasurer pursuant to this act
213371 shall be paid to the municipal t reasurers for the benefit of the
214372 public safety protection district.
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216373 SECTION 9. NEW LAW A new section of law to be codified
217374 in the Oklahoma Statutes as Section 29 -159 of Title 11, unless there
218375 is created a duplication in numbering, r eads as follows:
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222376 A public safety protection district may be dissolved by a
223377 majority vote of the registered voters at an election called for
224378 that purpose by the governing body of the municipality.
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226379 SECTION 10. NEW LAW A new section of law to be codified
227380 in the Oklahoma Statutes as Section 29 -160 of Title 11, unless there
228381 is created a duplication in numbering, reads as follows:
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230382 As used in this act, “public safety protection ” means any of, or
231383 combinations of, the following operations:
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233384 1. Law enforcement;
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235412 2. Fire public safety protections; or
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237413 3. Emergency medical services provided by the municipality.
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239414 SECTION 11. This act shall become effective November 1, 2021.
240415
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242-ENR. S. B. NO. 838 Page 7
243-Passed the Senate the 10th day of March, 2021.
244-
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247- Presiding Officer of the Senate
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250-Passed the House of Representatives the 20th day of April, 2021.
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254- Presiding Officer of the House
255- of Representatives
256-
257-OFFICE OF THE GOVERNOR
258-Received by the Office of the Governor this _______ _____________
259-day of _________________ __, 20_______, at _______ o'clock _______ M.
260-By: _______________________________ __
261-Approved by the Governor of the State of Oklahoma this _____ ____
262-day of _________________ __, 20_______, at _______ o'clock _______ M.
263-
264- _________________________________
265- Governor of the State of Oklahoma
266-
267-
268-OFFICE OF THE SECRETARY OF STATE
269-Received by the Office of the Secretary of State this _______ ___
270-day of __________________, 20 _______, at _______ o'clock _______ M.
271-By: _______________________________ __
416+COMMITTEE REPORT BY: COMMITTEE ON GENERAL GOVERNMENT, dated
417+04/01/2021 - DO PASS, As Coauthored.