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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 749 By: Woods
AS INTRODUCED
An Act relating to school district bond elections and
technology center school district bond elections;
amending 70 O.S. 2021, Section s 14-108 and 15-103,
which relate to the School Code of 1971; making
certain real property owners qualified elect ors for
certain elections; updating statutory language; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF O KLAHOMA:
SECTION 1. AMENDATORY 70 O.S. 2021, Section 14 -108, is
amended to read as follows:
Section 14-108. A. The State Board of Career an d Technology
Education shall prescrib e criteria and procedures for the
establishment and governance of technology center school districts,
as provided by Section 9B, Article X, Okl ahoma Constitution, and
such districts so established shall be operated in a ccordance with
rules of the State Boa rd of Career and Technology Education, except
as otherwise provided in this title.
B. A technology center school district shall be a body
corporate and shall possess the usual powers of a corporation for
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public purposes. Its official name shall be design ated by the State
Board of Career and Technology Edu cation, in which name it may sue
and be sued, and be capable of contracting and being contr acted
with, and holding real and personal estate.
C. The governing board of a technology center school district
shall be a board of education consisting of not less than five (5)
nor more than seven (7) members. Except as otherwise provided for
in subsection D of this section, all members of the board of
education shall be ele cted in a manner prescribed by the Stat e Board
of Career and Technology Education. The Sta te Board shall
promulgate rules prescribing the manner in which the elections
required by this subsection are held.
D. In a technology center school district that s erves seventy
or more public school dis tricts, the territory of the school
district shall be divided into district zones by the State Board of
Career and Technology Education. Bet ween August 1 and December 31
of the year following the submission by the Un ited States Department
of Commerce to the President of the United States of the official
Federal Decennial Census, the Board shall reapportion the territory
of the technology cente r school district into district zones. All
boundaries of district zones sha ll follow clearly visible,
definable, and observable physical boundaries which are based up on
criteria established and recognized by the Bureau of the Census of
the United States Department of Commerce for purposes of defining
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census blocks for its decenni al census and shall follow, as much as
possible, precinct boundaries. District zones shall be compact,
contiguous and shall be as equal in population as practical with not
more than a five-percent variance between the most populous and
least populous district zones. The board of education of a
technology center school district shall consist of one member
elected from each of the district zones of the school district
created pursuant to this subsection. The electors of each district
zone shall elect a per son, who is a resident of the district zone,
to represent the district zone on the school b oard. If during the
term of office to which a person was elected, that member ceases to
be a resident of the district zone for which the person was elected,
the office shall become vacant and the vacancy shall be filled as
provided in Section 13A -110 of Title 26 of the Oklahoma Statutes.
The State Board of Career and Technology Education sha ll promulgate
rules prescribing the manner in which the elections required b y this
subsection are held.
E. The board of education of a technology center school
district shall have the same powers and duties that boards of
education of independent school d istricts have. It may require
nonresident students to pay reasonable tuitio n fees, which may be
paid for a student by the independent or elementary school district
in which the student resides.
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F. An election to vote on the question of making a levy of n ot
to exceed five (5) mills on the dollar valuation of the taxable
property in a technology center school district under the provisions
of subsection A, Section 9B, Ar ticle X, Oklahoma Constitution, shall
be called by the board of education and conducted b y the county
election board of such district in the same manner that electio ns
for emergency levies in school distr icts under the provisions of
Section 9(d), Article X , Oklahoma Constitution, are called and
conducted. When such levy is approved by a major ity of the electors
of the technology center school district voting on the q uestion at
such election, the levy shal l be made each fiscal year thereafter
until repealed by a majority of the electors of the district voting
on the question at an election call ed for such purpose. An election
to vote on the question of making a local incentive levy of not to
exceed five (5) mills on the dollar valuation of the taxable
property in a technology center school district under the provisions
of subsection B of Sectio n 9B of Article X of the Oklahoma
Constitution, may be called by the board o f education; and elections
on a levy for a building fund for an area school district under the
provisions of Section 10, Article X, Oklahoma Constitution, shall be
called by the board of education of such district and conducted by
the county election board in the same manner that elections for
similar levies are called and conducted in independe nt school
districts. Provided, qualified electors voting on elections
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provided pursuant to this paragraph shall include persons who own
real property located within a technology center school district.
G. Annual estimates of needs of technology center sc hool
districts shall be made and approved in the same manner that those
of independent school districts are made and approved. Provided,
that the State Board of Car eer and Technology Education shall
prescribe a list of appropriation accounts by which the funds of
technology center school districts shall be budgeted, accounted for
and expended. Any such estimate of needs may include an estimate of
federal funds as probable income from sources other than a d valorem
tax of the district and other than any exc ise or other tax assessed
by legislative enactment and distributed in lieu of ad valorem
taxes. If a technology center school district lies in more than one
county, the district’s estimate of needs shall be filed with and
approved by the county excise boa rd of the county designated by the
school district board of education.
H. Territory may be annexed to or detached from a technology
center school district, in accor dance with rules prescribed by the
State Board of Career and Technology Education. If the State Board
of Career and Technology Education requires the submission of a
petition in order for an election to be called for the purpose of
annexation or deannexat ion of territory to a technology center
school district, such petition shall not be require d to bear a
number of technology center school district electors ’ signatures
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which exceed fifty percent (50%) of the number of technology center
school district elec tors who voted in the last school board election
in the territory proposed to be annexed or deannexed. Provided, the
period of time from which the petition is initiated to its time of
filing with the State Board shall not exceed ninety (90) days.
I. Schools of technology center school distric ts shall be
subject to classification, inspection , and accreditation by the
State Board of Education.
J. The technology center school board of education may
designate a county treasurer to serve as treasurer of the s chool
district or may appoint an indepe ndent treasurer.
K. Within four (4) years after the creation of a technology
center school district, such school district may, at its discretion,
permit a teacher to transfer any or all accrued benefits upon
employment including credit for years of servic e in the previous
school district by the technology center school district, if the
teacher at the time of hiring is employed as a teacher by an
independent or elementary school district which is all or partly
within the boundaries of the technology center school district or is
employed as a teacher in a ski lls center within the boundaries of
the school district.
L. The board of education of a technology center school
district may convey surplus personal property witho ut consideration
to :
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1. A school district that is within the boundary of the
technology center school district;
2. A public school offering secondary level education which was
created and is operated by the State of Oklahoma this state and that
is within the boundary of the technology center school district;
3. A technology center school dis trict; or
4. The Oklahoma Department of Career and Technology Education
for the support or delivery of department initiatives .
M. The board of education of a technology cente r school
district may, without prior approval of the State Board of Career
and Technology Education, approv e all plans and specifications for
technology center school buildings, additions, and major
modifications to school buildings that are designed to pr ovide for
the offering of vocational-technical education programs and services
when the cost of the buildin g project is to be paid with local
levies or state bond monies or both local levies and state bond
monies.
SECTION 2. AMENDATORY 70 O.S. 2021, Section 15-103, is
amended to read as follows:
Section 15-103. On the question of issuance of said bonds, no
person shall be qualified to vote unless he or she be in all
respects a school district elector of such district or unless a
person owns real property located within the school district. In
case three-fifths (3/5) of the voters thereof voting at su ch
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election shall vote affirmatively for the issuance of said bonds,
then the said board of education shall issue the same and not
otherwise. The amount of the bonds so voted upon and issued shall
not cause the school district to become indebted in an amo unt,
including existing indebtedness, in the aggregate exceeding five
percent (5%) of the valuation of the taxable property therein, to be
ascertained from the l ast assessment for state and county purposes
previous to the incurring of such indebtedness; bu t if the school
district has an absolute need therefor, such district may, with the
assent of three-fifths (3/5) of the voters thereo f, voting at such
election, incur indebtedness to an amount, including existing
indebtedness, in the aggregate exceeding fi ve percent (5%) but not
exceeding ten percent (10%) of the valuation of the taxable property
therein, to be ascertained from the last assessment for state and
county purposes previous to the incurring of such inde btedness, for
the purpose of acquiring or i mproving school sites, constructing,
repairing, remodeling or equipping buildings or acquiring school
furniture, fixtures or equipmen t or more than one or all of such
purposes; and such assent to such indebtedness shall be deemed to be
a sufficient showing of such absolute need. Section 26, Article X,
of the Oklahoma Constitution, as amended on April 5, 1955, shall
hereafter be in full force and effect. Provided , that any bond
election that shall have heretofore been called or held in
accordance with the provisions of Section 26, Article X, of the
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Oklahoma Constitution, as amended on April 5, 1955, is hereby
validated if the bonds so a uthorized at such election h ave not yet
been sold and delivered.
SECTION 3. This act shall become effective November 1, 2023.
59-1-550 QD 1/18/2023 5:13:19 PM