SENATE FLOOR VERSION - HB2004 SFLR 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 SENATE FLOOR VERSION April 13, 2023 ENGROSSED HOUSE BILL NO. 2004 By: Boatman of the House and Seifried of the Senate 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 personal 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 collection of such delinquent personal taxes. The county treasurer shall not be required to issue a tax warrant for delinq uent personal SENATE FLOOR VERSION - HB2004 SFLR 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 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. 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. SENATE FLOOR VERSION - HB2004 SFLR 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 5. The sheriff shall be entitled to the same fees a s are provided by law for like sales on execution. SECTION 2. This act shall become effective September 1, 2023. COMMITTEE REPORT BY: COMMITTEE ON GENERAL GOVERNMENT April 13, 2023 - DO PASS