Oklahoma 2023 Regular Session

Oklahoma House Bill HB2247 Compare Versions

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28-ENGROSSED HOUSE
29-BILL NO. 2247 By: Burns of the House
30+HOUSE OF REPRESENTATIVES - FLOOR VERSION
31+
32+STATE OF OKLAHOMA
33+
34+1st Session of the 59th Legislature (2023)
35+
36+COMMITTEE SUBSTITUTE
37+FOR
38+HOUSE BILL NO. 2247 By: Burns of the House
3039
3140 and
3241
3342 Hall of the Senate
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46+COMMITTEE SUBSTITUTE
3747
3848 [ County Road and Bridge Fu nding Incentive Act of
3949 2023 - income tax credit - county population -
40-county government personnel education and training
41-- requiring certain hours of training - current
42-county officers - monthly travel allowan ce
43-noncodification – codification - effective dates ]
50+county government personnel education and training;
51+requiring certain hours of training - current
52+county officers - monthly travel allowan ce - an
53+effective date ]
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4858 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
4959 SECTION 1. NEW LAW A new section of law not to be
5060 codified in the Oklahoma Statutes reads as follows:
5161 Sections 1 and 2 of this act shall be known and may be cited as
5262 the "County Road and Bridge Funding Incentive Act of 2023".
53-SECTION 2. NEW LAW A new sectio n of law to be codified
54-in the Oklahoma Statutes as Secti on 2357.801 of Title 68, unless
55-there is created a duplication in n umbering, reads as follows:
56-A. For taxable years beginning on or after January 1, 2024, and
57-ending not later than December 31, 2026, there shall be allowed as a
58-credit against the tax imposed pursuant to Section 2355 of Title 68
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91+SECTION 2. NEW LAW A new sectio n of law to be codified
92+in the Oklahoma Statutes as Section 2357.801 of Title 68, unless
93+there is created a duplication in n umbering, reads as follows:
94+A. For taxable years beginning on or after January 1, 2024, and
95+ending not later than December 31, 2026, there shall be allowed as a
96+credit against the tax imposed pursuant to Section 2355 of Title 68
8597 of the Oklahoma Statut es upon the taxable income of natural persons,
8698 for a qualified donation made by a natural person acting in their
8799 individual capacity to a county for deposit into its Cou nty Road and
88100 Bridge Incentive account of its donation fund as follows:
89101 1. One hundred percent (100%) of the amount of the donation to
90102 a county with a population of less than tw enty-five thousand
91103 (25,000) persons;
92104 2. Seventy-five percent (75%) of the amount of the donation to
93105 a county with a population in excess of twenty-five thousand
94106 (25,000) persons but not in excess of fifty thousand (50,000)
95107 persons;
96108 3. Fifty percent (50%) of the amount of the donation to a
97109 county with a population in excess of fifty thousand (50,000)
98110 persons but not in excess of seventy-five thousand (75,000) persons;
99111 or
100112 4. Twenty-five percent (25%) of the amount of the donation to a
101113 county with a population in excess of seventy-five thousand (75,000)
102-persons, but not in excess of one hundred thousand (100,000)
103-persons.
104-B. No tax credit otherwise authorized by this secti on shall be
105-claimed for a donation to a county having a population in excess of
106-one hundred thousand (100,000) persons. In order to accept a
107-donation for which a credit is to be claimed pu rsuant to the
108-provisions of this section, the officers of the count y shall be
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142+persons, but not in excess of one hundred thousand (100,000)
143+persons.
144+B. No tax credit otherwise authorized by this secti on shall be
145+claimed for a donation to a county having a population in excess of
146+one hundred thousand (100,000) persons. In order to accept a
147+donation for which a credit is to be claimed pursua nt to the
148+provisions of this section, the officers of the count y shall be
135149 trained according to the requirements of Section 130.7 of Title 19
136150 of the Oklahoma Statutes.
137151 C. All population determinations required by this section shall
138152 be governed by the Federal Decennial Census or most recent
139153 population estimate based on the date of the donation.
140154 D. The credit author ized by this section shall not be us ed to
141155 reduce the tax liability of the taxpayer to less than zero (0).
142156 E. The credit otherwise authorized by t his section may only be
143157 used by a natural person for a donatio n made by that natural person
144158 in their individual capacity and shall not be claimed by any other
145159 legal entity.
146160 F. To the extent not used, the credit authorized by this
147161 section may be carried over, in order, to each of the three (3)
148162 succeeding taxable years.
149163 G. For tax years beginning on or after Janua ry 1, 2024, and
150164 ending not later than December 31, 2026, the total amount of credits
151165 authorized by this section used to offset tax shall be adjusted
152-annually to limit the annual amount of credits to T en Million
153-Dollars ($10,000,000.00). The Tax Commission shall annually
154-calculate and publish a percentage by which the cr edits authorized
155-by this section shall be reduced so the total amount of cr edits used
156-to offset tax does not exceed Ten Million Dollars ($10,000,000.00)
157-per year. The formula to be used for the percentage adjustmen t
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194+annually to limit the annual amount of credits to T en Million
195+Dollars ($10,000,000.00). The Tax Commission shall annually
196+calculate and publish a percentage by which the cr edits authorized
197+by this section shall be reduced so the total amount of credits used
198+to offset tax does not exceed Ten Million Dollars ($10,000,000.00)
199+per year. The formula to be used for the percentage adjustmen t
184200 shall be Ten Million Dollars ($10,000,000.00) divided by the credits
185201 used to offset tax in the second preceding year.
186202 H. Pursuant to subsection G of this section, in the event the
187203 total tax credits authorized by this section exc eed Ten Million
188204 Dollars ($10,000,000.00) in any calendar year, the Tax Commission
189205 shall permit any excess over Ten Million Dollars ($10,000,000.00)
190206 but shall factor such excess into the percentage adjustment formula
191207 for subsequent years.
192208 I. Each county treasurer of the county to which a d onation can
193209 be made to qualify for the tax credit authorized by this section
194210 shall create within the county donation fund an account to be
195211 designated the "County Road and Bridge Incentive Account" and any
196212 donation made to the county by a natural person for the purpose of
197213 qualifying for the income tax credit authorized by this section
198214 shall be credited to such account. No funds in the account may be
199215 used to acquire new equipment, but may be used for repairs to
200216 existing equipment acquired with other funds of the county or
201217 acquired by other methods. The balance of the account may be used
202-by the county for improve ments to county roads or bridges in
203-accordance with other requirements of law governing such
204-expenditure.
205-SECTION 3. AMENDATORY 19 O.S. 20 21, Section 130.7, is
206-amended to read as follows:
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246+by the county for improvements to county roads or bridges in
247+accordance with other requirements of law governing such
248+expenditure.
249+SECTION 3. AMENDATORY 19 O.S. 20 21, Section 130.7, is
250+amended to read as follows:
233251 Section 130.7 A. Each For any county with a population of one
234252 hundred thousand (100,000) or fewer persons according to the Federal
235253 Decennial Census or most recent population estimate, each county
236254 commissioner, county clerk, county treasurer , and court clerk
237255 holding office on May 11, 1982 elected or appointed after November
238256 1, 2024, and those elected thereafter and the deputies of such
239257 elected county officers shall be required to participate in the
240258 appropriate training programs, as defined in subsection B of this
241259 section, and educational seminars relevant to their po sitions and
242260 duties conducted pursuant to Sectio ns 130.1 through 130.7 of this
243261 title. In addition, county sheriffs and county assessors may attend
244262 the training programs specified in this section, within ninety (90)
245263 days after the general election of his or her first term of office,
246264 to attend and comple te the orientation training provided through or
247265 approved by the County Training Program of the Cooperative Extension
248266 Service at Oklahoma State University.
249267 B. Appropriate training programs shall include those programs
250268 provided by the Cooperative Extension Service at Oklahoma State
251269 University 1. For any county with a population of one hundred
252-thousand (100,000) or fewer persons according to the Federal
253-Decennial Census or most recent populat ion estimate, each county
254-commissioner, county clerk and county tre asurer elected or appointed
255-after November 1, 20 24, shall be required to obtain a Basic
256-Certification by the end of his or her first term, an Advanced I
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298+thousand (100,000) or fewer persons according to the Federal
299+Decennial Census or most recent population estimate, each county
300+commissioner, county clerk and county tre asurer elected or appointed
301+after November 1, 20 24, shall be required to obtain a Basic
302+Certification by the end of his or her first term, an Advanced I
283303 Certification by the end of his or her second term, and an Advanced
284304 II Certification by the end of his or her third term prescribed by
285305 and provided through the County Training Program of the Cooperative
286306 Extension Service at Oklahoma State University.
287307 2. For any county with a population of one hundred thousand
288308 (100,000) or fewer persons according to the Fed eral Decennial Census
289309 or most recent population estimate, each county commissioner, county
290310 clerk and county treasurer holding office o n November 1, 2024, shall
291311 obtain:
292312 a. Basic Certification by November 1, 202 6, if still
293313 holding the same office,
294314 b. Advanced I Certification by November 1, 2030, if still
295315 holding the same office, and
296316 c. Advanced II Certification by November 1, 203 4, if
297317 still holding the same office.
298318 C. At the discretion of the County Training Program of the
299319 Cooperative Extension Service at Ok lahoma State University, current,
300320 approved training hours accumulated through previous terms shall
301321 apply toward Basic, Advanced I and Advanced II certifications.
302-D. 1. For any county with a population of one hundred thousand
303-(100,000) or fewer persons according to the Federal Decennial Census
304-or most recent population estimate, each court clerk elected or
305-appointed after November 1, 20 24, shall complete the required hours
306-to obtain his or her certificate through the County Training Program
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350+D. 1. For any county with a population of one hundred thousand
351+(100,000) or fewer persons according to the Federal Decennial Census
352+or most recent population estimate, each court clerk elected or
353+appointed after November 1, 20 24, shall complete the required hours
354+to obtain his or her certificate through the County Training Program
333355 of the Cooperative Extension Service at Oklahoma State Universi ty by
334356 the end of his or her first term. Each county assessor and county
335357 sheriff elected or appointed after November 1, 202 4, shall obtain
336358 his or her certificate through the County Training Program of the
337359 Cooperative Extension Service at Oklahoma State Uni versity by the
338360 end of his or her second term. By discretion of the County Training
339361 Program of the Cooperative Extension Service at Okl ahoma State
340362 University, current, approved training hours accumulated thro ugh
341363 previous terms shall apply toward certificat e hours.
342364 2. Court clerks holding office November 1, 202 4, shall complete
343365 the required hours to obtain their certificate through the C ounty
344366 Training Program of the Cooperative Extension Service at Oklahoma
345367 State University by November 1, 202 9, if still holding the same
346368 office. Each county assessor and county sheriff holding office on
347369 November 1, 2024, shall obtain his or her certificate through the
348370 County Training Program of the Cooperative Extension Service at
349371 Oklahoma State University by November 1, 20 33, if still holding the
350372 same office. By discretion of the County Training Program of the
351373 Cooperative Extension Service at Oklahoma Sta te University, current,
352-approved training hours accumulated through previ ous terms shall
353-apply toward certificate hours.
354-E. Upon completion of the requirements in subsections A through
355-D of this section, ea ch county commissioner, county clerk, county
356-treasurer and county court clerk shall be required to attend six (6)
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402+approved training hours accumulated through previ ous terms shall
403+apply toward certificate hours.
404+E. Upon completion of the requirements in subsections A through
405+D of this section, ea ch county commissioner, county clerk, county
406+treasurer and county court clerk shall be required to attend six (6)
383407 hours of continuing education per calendar year through or approved
384408 by the County Training Program of the Cooperative Extension Service
385409 at Oklahoma State University.
386410 F. The deputies of each elected county officer shall
387411 participate in the training and educational seminars relevant to
388412 their positions and duties .
389413 G. Any county with a p opulation in excess of one hundred
390414 thousand (100,000) persons according to the Federal Decennial Census
391415 or most recent population estimate shall provide training to its
392416 officers, but may offer such training using other service provi ders
393417 or the county's own personnel .
394418 SECTION 4. AMENDATORY 19 O.S. 2021, Section 166, is
395419 amended to read as follows:
396420 Section 166. A. Failure of a county officer to attend any
397421 school, conference or meeting unless excused prior th ereto shall
398422 cause the county officer to forfeit his or her right to the monthly
399423 travel allowance provided by Section 165 of this title for the month
400424 in which such school, conference or meeting is held. The di recting
401-state officer or agency head shall noti fy the county clerk of the
402-county of the forfeiture of such county officer.
403-B. Any county commissioner, county treasurer, county clerk,
404-county sheriff or county court cl erk who fails to complete the
405-training requirements as outlined in Section 130.7 of t his title
406-shall, but not limited to, forfeit his or her right to receive the
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453+state officer or agency head shall noti fy the county clerk of the
454+county of the forfeiture of such county officer.
455+B. Any county commissioner, county treasurer, county clerk,
456+county sheriff or county court cl erk who fails to complete the
457+training requirements as outlined in Section 130.7 of t his title
458+shall, but not limited to, forfeit his or her right to receive the
433459 monthly travel allowance provided by Section 165 of this title or
434460 any other penalties authoriz ed by law.
435461 C. The County Training Pro gram Director of the Cooperative
436462 Extension Service at Oklahoma State University shall send written
437463 notification of noncompliance to th e county clerk of the county, the
438464 board of county commissioners and the State Audito r and Inspector.
439465 Upon such notificati on, the board of county commissioners shall not
440466 approve payment of the monthly travel allowance for said county
441467 officer. The monthly travel allowance may be reinstated the
442468 following month once the county officer becom es compliant with the
443469 training requirements. The County Training Program Director of the
444470 Cooperative Extension Service at Oklahoma State University shall
445471 send written notification to the county clerk of the county, the
446472 board of county commissioners and th e State Auditor and Inspector
447473 when a county officer reestablishes compliance with the training
448474 requirements.
449475 D. Any county, county officer or deputy may join his or her
450476 respective state, national or international association, including
451-but not limited to, the National Association of Counties, the
452-International Association of Assessors and the International
453-Association of Clerks, Recorders, Election Officials and Treasurers.
454-It shall not be mandatory for a county officer or his or her deputy
455-to attend any meeting, school, institute or conferen ce sponsored or
456-held by anyone other than a sta te officer or agency head, but if
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505+but not limited to, the National Association of Counties, the
506+International Association of Assessors and the International
507+Association of Clerks, Recorders, Election Officials and Treasurers.
508+It shall not be mandatory for a county officer or his or her deputy
509+to attend any meeting, school, institute or conferen ce sponsored or
510+held by anyone other than a sta te officer or agency head, but if
483511 funds are available for travel to such meeting, schoo l, institute or
484512 conference, either within or outside this state, from funds
485513 appropriated for traveling expenses in additio n to the monthly
486514 travel allowance provided by S ection 165 of this title, then it
487515 shall be lawful for such traveling expenses to be pai d from such
488516 travel funds so appropriated to the county officer or his or her
489517 deputies.
490518 SECTION 5. Sections 1 and 2 of this act shall become effective
491519 January 1, 2024.
492520 SECTION 6. Sections 3 and 4 of t his act shall become ef fective
493521 November 1, 2023.
494-Passed the House of Represent atives the 13th day of March, 2023.
495522
496-
497-
498-
499- Presiding Officer of the House
500- of Representatives
501-
502-
503-Passed the Senate the ___ day of __________, 2023.
504-
505-
506-
507-
508- Presiding Officer of the Senate
509-
510-
523+COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS AND BUDGET , dated
524+03/06/2023 - DO PASS, As Amended and Coauthored.