Oklahoma 2023 2023 Regular Session

Oklahoma House Bill HB2004 Amended / Bill

Filed 02/27/2023

                     
 
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HOUSE OF REPRESENTATIVES - FLOOR VERSION 
 
STATE OF OKLAHOMA 
 
1st Session of the 59th Legislature (2023) 
 
COMMITTEE SUBSTITUTE 
FOR 
HOUSE BILL NO. 2004 	By: Boatman 
 
 
 
 
 
COMMITTEE SUBSTITUTE 
 
An Act relating to revenue and taxation; amending 68 
O.S. 2021, Section 3104, which relates to tax 
warrants for ad valorem tax; providing for non-
issuance of tax warrants for per sonal property taxes; 
designating liability amount; and providing an 
effective date. 
 
 
 
 
 
 
BE IT ENACTED BY THE PEOPLE OF THE STA TE OF OKLAHOMA: 
SECTION 1.     AMENDATORY     68 O.S. 2021, Section 3104, is 
amended to read as follows: 
Section 3104. A.  Except for periods governed by the provisions 
of subsection C of S ection 3148 of this title: 
1.  The county treasu rer shall issue tax warrants for the 
collection of delinquent personal taxes upon demand of any person, 
or whenever the treasurer shall deem it advisable, on a form 
prescribed by the State Auditor and Inspect or, to the sheriff of the 
county in which the re al or personal property is located for the   
 
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collection of such delinquent personal taxes.  The county treasurer 
shall not be required to issue a tax warrant for delinq uent personal 
property taxes if the total amount due and owing is less than 
Twenty-five Dollars ($25.00) per account. 
2.  The tax warrant shall be issued or directed against any 
person or legal entity who had possession, control or an interest in 
personal property at the time the taxes were assess ed. 
3.  The tax warrant shall command the sherif f to collect the 
amount due for unpaid taxes, penalties and interest thereon, cost of 
advertising, sheriff 's collection fees and any other lawful fees on 
personal property belonging to the person to whom such taxes were 
assessed, and if no personal propert y is found, then upon any real 
property such person owns or in which such person has an interest. 
B.  Except for periods governed by the provisions of subsection 
C of Section 3148 of this title: 
1.  The sheriff, upon receiving a tax warrant, shall levy sai d 
warrant and sell the property of the taxpayer in the manner and form 
as provided for the sale of personal and/or real property on 
execution. 
2.  The sheriff shall pay the total amount received from the 
sale of personal and/or real property to the county treasurer. 
3.  The tax warrant shall be returned by the sheriff within 
sixty (60) days after its issuance.   
 
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4.  Failure to collect or return the tax warrant as provided in 
this section, shall subject the sheri ff to the same penalties as 
provided by law for the failure to collect or return execution. 
5.  The sheriff shall be entitled to the same fees as are 
provided by law for like sales on execution. 
SECTION 2.  This act shall become effective September 1, 2023. 
 
COMMITTEE REPORT BY: COMMITTE E ON COUNTY AND MUNICIPAL GOVERNMENT, 
dated 02/27/2023 - DO PASS, As Amended.