An Act
ENROLLED 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, Sims, Bush and
Lawson of the House
An Act relating to cities and towns; c reating the
Oklahoma Public Safety P rotection 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; describ ing
territory of the public safety p rotection 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 c ounty;
providing for notice of elect ion; 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 o f ordinance 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 against property if asses sment
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
ENR. S. B. NO. 838 Page 2
charged on delinquent assessment; permitting
dissolution of a public safety protection district
and describing process therefor; defining term;
providing for codification; and providing an
effective date.
SUBJECT: Public safety protection districts
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 Dis trict 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 ma y initiate the creation
of a public safety pr otection 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 district. The resolutio n shall 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:
A. A public safety protection district shall include all
territory located within the municipality.
B. Management of the public sa fety protection district, as well
as management of any employee hired from d istrict funds, shall be
ENR. S. B. NO. 838 Page 3
vested within the existing administration of the municipal
government that creat ed 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 a s Section 29-154 of Title 11, unless there
is created a duplication in numberi ng, reads as follows:
A. The costs of an ele ction to establish a public saf ety
protection district shall be paid by the municipality in the
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 co nducted in the same
manner as other municipal questions which are submitted to the
electorate of the municipality. The notice shall require the
registered voters of the municipali ty 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
qualified to vote on the proposition. 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 sh all
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 i n 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 reso lution or both an ordinance and
resolution, declare the public safety protec tion district
established. Any ordinances or resolutions establishing a public
ENR. S. B. NO. 838 Page 4
safety protection district shall be filed in the office of the
county clerk in the county.
SECTION 6. NEW LAW A new secti on of law to be codified
in the Oklahoma Statutes as Section 29 -156 of Title 11, unless there
is created a duplication in number ing, reads as follows:
A. There shall be levied an annual assessment no greater th an
five (5) mills on the dollar of assessed v alue 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 d istrict including
expenses related to any of the following, or combination of the
following purposes:
1. Purchasing and maint aining 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 bene fits 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 assessm ent shall only be levied
on the types of prop erty 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 of this
section shall not apply to real property zoned for agricultur al or
industrial land use, liv estock employed in support of the family ,
implements of husbandry as defined by Section 1 -125 of Title 47 of
the Oklahoma Statutes, personal property owned by agricultural
ENR. S. B. NO. 838 Page 5
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 o f law to be codified
in the Oklahoma Statutes as Secti on 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 i t has been levied, until
paid, and the lien shall be co equal 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 man ner as ad valorem taxes.
SECTION 8. NEW LAW A new section of law to b e 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 shal l compute and enter in respective
columns of the tax roll s the respective sums in dollars and c ents 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 shall 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 associate d with the collection of
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%) pe r 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 bene fit 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, reads as follows:
ENR. S. B. NO. 838 Page 6
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 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, unle ss there
is created a duplication in n umbering, reads 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.
ENR. S. B. NO. 838 Page 7
Passed the Senate the 10th day of March, 2021.
Presiding Officer of the Senate
Passed the House of Representatives the 20th day of April, 2021.
Presiding Officer of the House
of Representatives
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this _______ _____________
day of _________________ __, 20_______, at _______ o'clock _______ M.
By: _______________________________ __
Approved by the Governor of the State of Oklahoma this _____ ____
day of _________________ __, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this _______ ___
day of __________________, 20 _______, at _______ o'clock _______ M.
By: _______________________________ __