Oklahoma 2024 Regular Session

Oklahoma House Bill HB2979 Compare Versions

Only one version of the bill is available at this time.

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28	28	STATE OF OKLAHOMA
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30	30	2nd Session of the 59th Legislature (2024)
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32	32	HOUSE BILL 2979 By: Kane
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38	38	AS INTRODUCED
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40	40	An Act relating to fire protection dist ricts;
41	41	amending 19 O.S. 2021, Section 901.23a, w hich relates
42	42	to annexation of all o r a portion of a fire
43	43	protection district; modifying certified mail notice
44	44	requirement; and providing an effective date.
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50	50	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
51	51	SECTION 1. AMENDATORY 19 O.S. 2021, Section 901.23a, is
52	52	amended to read as follows:
53	53	Section 901.23a. In the case of a municipality annexing a
54	54	portion of or all of a fire protection district as established by
55	55	this section the following shall apply:
56	56	1. The delivery of fire protection services shall meet or
57	57	exceed the current levels and standards of fire protection services
58	58	being provided by the fire protection district, pursuant to the
59	59	provisions of Section 324.8 of Title 74 of the Oklahoma Statutes, in
60	60	order for a municipality, private entity, organization, corporat ion
61	61	or company to provide fire protecti on services to a fire protection
62	62	district;
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89	89	2. A vote of fifty-one percent (51%) of those paying the
90	90	current assessment is required to withdraw from the fire protecti on
91	91	district. The municipality is responsible for t he cost of the
92	92	election;
93	93	3. The fire protection district and the board of the county
94	94	commissioners shall be notified by certified mail ninety (90) thirty
95	95	(30) days prior to the municipality taking final action on the
96	96	annexation;
97	97	4. Existing debt service shall either be assumed by the
98	98	annexing municipality based on the share of the percent of revenue
99	99	the area annexed generated or the assessment shall be continued
100	100	until the debt is paid in full. The municipality must include this
101	101	provision in the final ann exation resolution;
102	102	5. The municipality may elect continuing with the effected fire
103	103	protection district provided that the fire protection district
104	104	continues to receive the assessment without restrictions.
105	105	Additional support may be provided by the municip ality in the sole
106	106	discretion of the mun icipality;
107	107	6. If, in the judgment of the board of county commissioners,
108	108	the exodus of the territory sought to be withdrawn from the district
109	109	and is contained within the proposed annexation of the municipality,
110	110	will make further existence of the district i mpracticable, the board
111	111	shall proceed to order dissolution of the district. In the case of
112	112	withdrawal of any property from the district as herein provided,
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139	139	such property shall r emain subject to the payment of its
140	140	proportionate part of any bonds theretofor e authorized by the
141	141	district and shall remain subject to annual assessment for the
142	142	payment of the principal and interest thereof in the same manner and
143	143	to the same extent as if s uch property had not been withdrawn. S uch
144	144	annual assessments, however, shall be computed upon the appraisal
145	145	shown on the district appraisal record at the time of the withdrawal
146	146	of such property;
147	147	7. The municipality may, through negotiations with the boar d of
148	148	county commissioners and the fire protection district, acquire the
149	149	assets and liabilities of the district if it ensures the best fire
150	150	protection for the citizens of the district and protects the best
151	151	use of the investment which has been made by the ci tizens of the
152	152	district; and
153	153	8. If the municipality may elect to contract for fire
154	154	protection with the fire protection district. The contract shall
155	155	address enforcement of fire code, building permits, level of
156	156	service, billing, relationship with existing m unicipal fire
157	157	department (i.e. mutual a id agreement, subordinate role, direct
158	158	supervision, etc.), additional funding and other issues agreed to by
159	159	the two parties.
160	160	SECTION 2. This act shall become effective November 1, 2024.
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162	162	59-2-8855 MJ 12/08/23