HB2004 HFLR Page 1 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 HB2004 HFLR Page 2 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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. HB2004 HFLR Page 3 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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.