Oklahoma 2023 Regular Session

Oklahoma Senate Bill SB507 Compare Versions

Version 1 (Old)

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4		-	An Act
5		-	ENROLLED SENATE
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
	30	+
	31	+	STATE OF OKLAHOMA
	32	+
	33	+	1st Session of the 59th Legislature (2023)
	34	+
	35	+	ENGROSSED SENATE
6	36		BILL NO. 507 By: Hall of the Senate
7	37
8	38		and
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10	40		Burns of the House
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15	45		An Act relating to county officer training
16	46		requirements; amending 68 O.S. 2021, Section 2862 and
17	47		3006, which relate to county boards of equalization
18	48		members and county excise boards; clarifying certain
19	49		training requirements; and providing an effective
20	50		date.
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25		-	SUBJECT: County officer training
26		-
27	55		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
28		-
29	56		SECTION 1. AMENDATORY 68 O.S. 2021, Section 2862, is
30	57		amended to read as follows:
31		-
32	58		Section 2862. A. The members of the county board of
33	59		equalization for each county in the state, before entering upon
34	60		their duties, shall subscribe to th e oath required of other county
35	61		officers.
36		-
37	62		B. Each member of the county board of equaliz ation shall be
38	63		required to attend and successfully complete a course of instruction
39	64		consisting of at lea st six (6) hours for purposes of instructing the
40	65		members about the duties imposed on the board by law. The initial
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41	93		six-hour training shall only be requ ired for the member’s first
42	94		term. The course shall be developed by the Oklahoma State
43	95		University Center for Local Government Technology and shall include
44	96		subjects similar to those prescribed by law for certification of
45	97		county assessors and their deputies. Failure of a county board of
46	98		equalization member to successfully complete such course within
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48		-	ENR. S. B. NO. 507 Page 2
49	99		twelve (12) months of the date as of which the member was appointed
50	100		shall result in forfeiture of the office and the vacancy shall be
51	101		filled in the manner provid ed by law. In addition to the initial
52	102		training requirement, each member of the county board of
53	103		equalization shall attend and successfully complete an annual
54	104		continuing education course of instruction of at least three (3)
55	105		hours developed by the Oklahoma S tate University Center for Local
56	106		Government Technology. Failure of a county board of equalization
57	107		member to complete such annual continuing education course of
58	108		instruction shall result in forfeiture of office and the vacancy
59	109		shall be filled in the manner provided by law.
60		-
61	110		C. The program director of the Center for Local Government
62	111		Technology at Oklahoma State University shall send written
63	112		notification of failure to compl y with the educational requirements
64	113		described in this section to the county clerk of the county, the
65	114		board of county commissioners and the State Auditor and Inspector.
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67	142		1. Upon receiving such no tice, the board of county
68	143		commissioners shall no longer approv e compensation or travel
69	144		reimbursement for the noncompliant board member.
70		-
71	145		2. Within thirty (30) calendar days of receipt of such notice,
72	146		the State Auditor and Inspector shall contact the noncom pliant board
73	147		member and provide him or her the opportunity to come into
74	148		compliance.
75		-
76	149		D. The members of county boards of equalization in all counties
77	150		having an assessed valuation of Two Billion Dollars
78	151		($2,000,000,000.00) or more shall receive as compensati on an amount
79	152		not to exceed One Hundred Twenty -five Dollars ($125.00) per day.
80	153		The members of county boards of equalization in all other counties
81	154		may receive as compensation an amount not to exceed One Hundred
82	155		Dollars ($100.00) per day, such amount to be e stablished by the
83	156		boards.
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85	157		E. In addition to the amounts speci fied in subsection C of this
86	158		section, members of county boards of equalization shall be
87	159		reimbursed for each mile of travel to and from their residences to
88	160		the place of meeting of the board for e ach session attended at the
89	161		rate provided for other county off icers. The members shall also be
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91		-	ENR. S. B. NO. 507 Page 3
92	162		reimbursed for each mile of necessary travel in the pe rformance of
93	163		their official duties at the same rate.
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95	164		F. The total number of days in each year for which t he members
96	165		of a county board of equalization may be paid shall be as follows:
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98	193		1. In counties having an assessed valuation of Forty Million
99	194		Dollars ($40,000,000.00) or less, not to exceed forty (40) days;
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101	195		2. In counties having an assessed valuation of mor e than Forty
102	196		Million Dollars ($40,000,000.00) and not more tha n Eighty Million
103	197		Dollars ($80,000,000.00), not to exceed forty -five (45) days; and
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105	198		3. In counties having an assessed valuation of more than Eighty
106	199		Million Dollars ($80,000,000.00), not to excee d ninety (90) days.
107		-
108	200		G. A member of the county board of equali zation may not miss
109	201		more than three (3) meeting days of the board per calendar year
110	202		unless, upon a review by the member’s appointing authority, one or
111	203		more of the absences were excused. Failure by a member of the
112	204		county board of equalization to comply wit h the attendance
113	205		requirement shall result in forfeiture of office and the vacancy
114	206		shall be filled in the manner provided by law.
115		-
116	207		H. Forfeitures of office resulting from the failure to comply
117	208		with provisions of this section shall be administered by the Sta te
118	209		Auditor and Inspector.
119		-
120	210		SECTION 2. AMENDATORY 68 O.S. 2021, Section 3006, is
121	211		amended to read as follows:
122		-
123	212		Section 3006. A. The county excise board shall meet at the
124	213		county seat on the first Monday of July of each year as provid ed in
125	214		Section 3014 of this title or on such earlier date in the year as
126	215		determined by the excise board, and organize by electing one of its
127	216		members as chair, and another as vice chair who shall p reside in the
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128	244		absence of the chair, for the purpose of perfor ming the duties
129	245		required of it by law during such fiscal year. Then ceforth, the
130	246		board may meet from day to day, or adjourn from day to day and time
131	247		to time thereafter for the purpose.
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134		-	ENR. S. B. NO. 507 Page 4
135	248		B. In its functionings it is hereby declared an agency of the
136	249		state, as a part of the system of checks and balances required by
137	250		the Constitution, and as such it is empowered to require adequate
138	251		and accurate reporting of finances and expenditures for all budget
139	252		and supplemental purposes, charged with the duty of requiring
140	253		adequate provision for performance of mandatory constitutional and
141	254		statutory governmental f unctions within the means available, but it
142	255		shall have no authority thereafter to deny any appropriation fo r a
143	256		lawful purpose if within the income and revenue provided.
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145	257		C. Each member of the county excise board shall be required to
146	258		attend and successfully complete a course of instruction consisting
147	259		of at least six (6) hours within twelve (12) months of appoint ment
148	260		and three (3) hours of instruction for every year of ser vice. The
149	261		initial six-hour training shall only be required for the member ’s
150	262		first term. The course of instruction shall include the duties and
151	263		responsibilities of the county excise board includi ng duties and
152	264		responsibilities related to authorized millage rates imposed by
153	265		local taxing jurisdictions, and the courses shall be offered by or
154	266		approved by the Oklahoma State University Cooperative Extension
155	267		Service.
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157	295		D. Failure of a county excise board m ember to complete the
158	296		initial six (6) hours of instruction w ithin twelve (12) months of
159	297		appointment or the annual three (3) hours of continuing educ ation
160	298		course of instruction shall result in forfeiture of offic e and the
161	299		vacancy shall be filled in the mann er provided by law.
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163	300		E. The program director of the County T raining Program of the
164	301		Oklahoma State University Cooperative Extension Service shall sen d
165	302		written notification of failure to comply with the educationa l
166	303		requirements described in this section to t he county clerk of the
167	304		county, the board of county commissio ners and the State Auditor and
168	305		Inspector.
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170	306		1. Upon receiving such notice, the board of c ounty
171	307		commissioners shall no longer approve compensation or tra vel
172	308		reimbursement for the noncompliant board member.
173		-
174	309		2. Within thirty (30) calendar days of receipt of s uch notice,
175	310		the State Auditor and Inspector shall contact the noncompliant board
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177		-	ENR. S. B. NO. 507 Page 5
178	311		member and provide him or her the opportunity to come into
179	312		compliance.
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181	313		F. A member of a county excise board may no t miss more than
182	314		three (3) meeting days of the board per cal endar year unless, upon a
183	315		review by the member ’s appointing authority, one or more of th e
184	316		absences were excused. Failure by a member of a county excis e board
185	317		to comply with the attendance require ment shall result in forfeiture
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186	345		of office and the vacancy sh all be filled in the manner provided by
187	346		law.
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189	347		G. Forfeitures of office resulting from th e failure to comply
190	348		with provisions of this section shall be ad ministered by the State
191	349		Auditor and Inspector .
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193	350		H. The State Auditor and Inspector may promulgate rules a s
194	351		necessary to implement the provisions of this act.
195		-
196	352		SECTION 3. This act shall become effective November 1, 2023.
197	353
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199		-	ENR. S. B. NO. 507 Page 6
200		-	Passed the Senate the 21st day of February, 2023.
201		-
202		-
203		-
204		-	Presiding Officer of the Senate
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207		-	Passed the House of Representatives the 17th day of April, 2023.
208		-
209		-
210		-
211		-	Presiding Officer of the House
212		-	of Representatives
213		-
214		-	OFFICE OF THE GOVERNOR
215		-	Received by the Office of the Governor this _______ _____________
216		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
217		-	By: _______________________________ __
218		-	Approved by the Governor of the State of O klahoma this _________
219		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
220		-
221		-	_________________________________
222		-	Governor of the State of Oklahoma
223		-
224		-
225		-	OFFICE OF THE SECRETARY OF STATE
226		-	Received by the Office of the Secretary of State this ____ ______
227		-	day of __________________, 20 _______, at _______ o'clock _______ M.
228		-	By: _______________________________ __
	354	+	COMMITTEE REPORT BY: COMMITTEE ON COUNTY AND MUNICIPAL GOVERNMENT,
	355	+	dated 04/06/2023 - DO PASS.