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3 | + | SENATE FLOOR VERSION - HB2004 SFLR Page 1 | |
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30 | + | April 13, 2023 | |
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33 | + | ENGROSSED HOUSE | |
3 | 34 | BILL NO. 2004 By: Boatman of the House | |
4 | 35 | ||
5 | 36 | and | |
6 | 37 | ||
7 | 38 | Seifried of the Senate | |
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14 | 43 | An Act relating to revenue and taxation; amending 68 | |
15 | 44 | O.S. 2021, Section 3104, which relates to tax | |
16 | 45 | warrants for ad valorem tax; providing for non- | |
17 | 46 | issuance of tax warrants for personal property taxes; | |
18 | 47 | designating liability amount; and providing an | |
19 | 48 | effective date. | |
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24 | - | SUBJECT: Revenue and taxation | |
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26 | 53 | BE IT ENACTED BY THE PEOPLE OF THE STA TE OF OKLAHOMA: | |
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28 | 54 | SECTION 1. AMENDATORY 68 O.S. 2021, Section 3104, is | |
29 | 55 | amended to read as follows: | |
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31 | 56 | Section 3104. A. Except for periods governed by the provisions | |
32 | 57 | of subsection C of S ection 3148 of this title: | |
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34 | 58 | 1. The county treasu rer shall issue tax warrants for the | |
35 | 59 | collection of delinquent personal taxes upon demand of any person, | |
36 | 60 | or whenever the treasurer shall deem it advisable, on a form | |
37 | 61 | prescribed by the State Auditor and Inspect or, to the sheriff of the | |
38 | 62 | county in which the re al or personal property is located for the | |
39 | 63 | collection of such delinquent personal taxes. The county treasurer | |
40 | 64 | shall not be required to issue a tax warrant for delinq uent personal | |
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41 | 92 | property taxes if the total amount due and owing is less than | |
42 | 93 | Twenty-five Dollars ($25.00) per account. | |
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44 | 94 | 2. The tax warrant shall be issued or directed against any | |
45 | 95 | person or legal entity who had possession, control or an interest in | |
46 | - | personal property at the time the taxes were assess ed. ENR. H. B. NO. 2004 Page 2 | |
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96 | + | personal property at the time the taxes were assess ed. | |
48 | 97 | 3. The tax warrant shall command the sherif f to collect the | |
49 | 98 | amount due for unpaid taxes, penalties and interest thereon, cost of | |
50 | 99 | advertising, sheriff's collection fees and any other lawful fees on | |
51 | 100 | personal property belonging to the person to whom such taxes were | |
52 | 101 | assessed, and if no personal propert y is found, then upon any real | |
53 | 102 | property such person owns or in which such person has an interest . | |
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55 | 103 | B. Except for periods governed by the provisions of subsection | |
56 | 104 | C of Section 3148 of this title: | |
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58 | 105 | 1. The sheriff, upon receiving a tax warrant, shall levy sai d | |
59 | 106 | warrant and sell the property of the taxpayer in the manner and form | |
60 | 107 | as provided for the sale of personal and/or real property on | |
61 | 108 | execution. | |
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63 | 109 | 2. The sheriff shall pay the total amount received from the | |
64 | 110 | sale of personal and/or real property to the county treasurer. | |
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66 | 111 | 3. The tax warrant shall be returned by the sheriff within | |
67 | 112 | sixty (60) days after its issuance. | |
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69 | 113 | 4. Failure to collect or return the tax warrant as provided in | |
70 | 114 | this section, shall subject the sheri ff to the same penalties as | |
71 | 115 | provided by law for the failure to collect or return execution. | |
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73 | 143 | 5. The sheriff shall be entitled to the same fees a s are | |
74 | 144 | provided by law for like sales on execution. | |
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76 | 145 | SECTION 2. This act shall become effective September 1, 2023. | |
77 | - | ENR. H. B. NO. 2004 Page 3 | |
78 | - | Passed the House of Representatives the 6th day of March, 2023. | |
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83 | - | Presiding Officer of the House | |
84 | - | of Representatives | |
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88 | - | Passed the Senate the 25th day of April, 2023. | |
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93 | - | Presiding Officer of the Senate | |
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96 | - | OFFICE OF THE GOVERNOR | |
97 | - | Received by the Office of the Governor this ____________________ | |
98 | - | day of ___________________, 20_______, at _______ o'clock _______ M. | |
99 | - | By: _________________________________ | |
100 | - | Approved by the Governor of the State of Oklahoma this _____ ____ | |
101 | - | day of ___________________, 20_______, at _______ o'clock _______ M. | |
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104 | - | _________________________________ | |
105 | - | Governor of the State of Oklahoma | |
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107 | - | OFFICE OF THE SECRETARY OF STATE | |
108 | - | Received by the Office of the Secretary of State this __________ | |
109 | - | day of ___________________, 20_______, at _______ o'clock _______ M. | |
110 | - | By: _________________________________ | |
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146 | + | COMMITTEE REPORT BY: COMMITTEE ON GENERAL GOVERNMENT | |
147 | + | April 13, 2023 - DO PASS |