Bill Text For HB2169 - Introduced

 1|                          STATE OF OKLAHOMA                            |
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 2|             1st Session of the 59th Legislature (2023)                |
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 3|HOUSE BILL 2169                      By: Lowe (Dick)                   |
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 6|                            AS INTRODUCED                              |
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 7|       An Act relating to counties and county officials;               |
  |       amending 68 O.S. 2021, Section 2816, which relates to           |
 8|       educational accreditation for actual appraisers of              |
  |       real property; modifying parties required to achieve            |
 9|       educational accreditation; modifying time period to             |
  |       achieve accreditation; clarifying language; modifying           |
10|       funding source; permitting for reasonable fee;                  |
  |       mandating an education requirement for certain county           |
11|       officials and personnel involved in appraisal of                |
  |       energy producing properties; and providing an                   |
12|       effective date.                                                 |
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15|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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16|    SECTION 1.     AMENDATORY     68 O.S. 2021, Section 2816, is       |
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17|amended to read as follows:                                            |
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18|    Section 2816.  A.  The Director of the Ad Valorem Division of      |
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19|the Oklahoma Tax Commission, the first deputy within such division,    |
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20|all field analysts or equalization and assessment analysts within      |
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21|such division, each elected county assessor assuming office on or      |
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22|after January 1, 1991, all first deputies within such assessors'       |
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23|offices and all personnel, including contractors, involved in the      |
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24|actual appraisal of property shall be required to achieve              |
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   Req. No. 5540                                                   Page 1
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 1|educational accreditation as prescribed by this section.  Such         |
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 2|accreditation shall be achieved within the time prescribed.  Failure   |
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 3|to achieve such accreditation shall result in forfeiture of office     |
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 4|or termination of employment.  A vacancy in a public office created    |
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 5|for failure to achieve such accreditation shall be filled in the       |
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 6|manner provided by law.                                                |
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 7|    B.  Accreditation for persons designated in subsection A of this   |
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 8|section shall consist of initial accreditation and advanced            |
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 9|accreditation as follows:                                              |
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10|    1.  Within one (1) year eighteen (18) months from the date an      |
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11|assessor is elected to office, the assessor shall be required to       |
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12|successfully complete initial accreditation.  If the assessor does     |
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13|not successfully complete testing or some part of the requirement,     |
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14|initial accreditation shall be completed within eighteen (18) months   |
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15|from the date of the assessor's election to office.  Initial           |
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16|accreditation shall consist of successful completion of two (2)        |
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17|academic units.  The first academic unit shall consist of basic ad     |
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18|valorem taxation law, legal responsibilities of the assessor's         |
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19|office, the role of the county assessor, valuation requirements and    |
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20|assessment administration.  The second academic unit shall consist     |
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21|of basic appraisal and assessment processes.                           |
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22|    2.  Within one (1) year eighteen (18) months from the completion   |
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23|date of initial accreditation, the assessor shall be required to       |
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24|successfully complete advanced accreditation.  If the assessor does    |
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   Req. No. 5540                                                   Page 2
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 1|not successfully complete advanced accreditation testing or some       |
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 2|part of the requirement, advanced accreditation shall be completed     |
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 3|by July 1, 1995, for persons holding office on May 27, 1993, or for    |
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 4|persons assuming office after May 27, 1993, within eighteen (18)       |
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 5|months from the date initial accreditation is completed.  Advanced     |
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 6|accreditation shall consist of successful completion of five (5)       |
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 7|academic units.  Each unit shall consist of one of the following       |
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 8|topics:                                                                |
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 9|         a.   appraisal procedures,                                    |
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10|         b.   valuation of personal property,                          |
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11|         c.   valuation of agricultural property,                      |
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12|         d.   mass appraisal procedures, and                           |
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13|         e.   cadastral mapping.                                       |
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14|    3.  A county assessor's deputy not previously accredited           |
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15|pursuant to paragraphs 1 and 2 of this subsection shall be subject     |
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16|to the same requirements as the county assessor.  Failure to           |
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17|complete the accreditations within the times prescribed shall result   |
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18|in dismissal termination of the deputy.                                |
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19|    4.  For any person required to achieve accreditation pursuant to   |
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20|this section and for whom the period of time to complete the           |
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21|accreditation is not otherwise prescribed, the accreditation shall     |
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22|be completed within eighteen (18) months of January 1, 1991, or        |
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23|within eighteen (18) months of the beginning date of employment if     |
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24|such person is initially employed after January 1, 1991.               |
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   Req. No. 5540                                                   Page 3
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 1|    C.  Each county assessor Persons designated in subsection A of     |
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 2|this section who has have successfully completed advanced              |
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 3|accreditation shall thereafter be required to complete a continuing    |
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 4|education requirement of thirty (30) hours every three (3) years.      |
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 5|Failure to complete the continuing education requirement shall         |
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 6|result in forfeiture of any travel reimbursement until the             |
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 7|requirement is completed.  Continuing education shall consist of       |
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 8|successful completion of academic units on changes in Oklahoma         |
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 9|Statutes affecting ad valorem taxation, real estate or appraisal,      |
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10|valuation and appraisal methods, mass appraisal methods or other       |
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11|topics appropriate to the improvement of county assessor's offices.    |
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12|A deputy who has completed advanced accreditation as required by       |
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13|this section shall be subject to the continuing education              |
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14|requirement.                                                           |
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15|    D.  The Oklahoma State University Center for Local Government      |
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16|Technology, in cooperation with the Oklahoma Tax Commission and the    |
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17|County Assessors' Association, shall develop educational               |
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18|requirements, curriculum materials, appropriate study resources and    |
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19|examinations for an education program for accreditation purposes       |
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20|established in this section.  The Oklahoma State University Center     |
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21|for Local Government Technology shall provide necessary classes,       |
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22|seminars and materials in support of the accreditation requirements.   |
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23| Nothing in this section shall be construed to prohibit use of the     |
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24|International Association of Assessing Officers' course work, where    |
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   Req. No. 5540                                                   Page 4
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 1|applicable, or any of its professional designations, as a substitute   |
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 2|for or supplement to the accreditation program requirements.           |
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 3|    E.  For purposes of the administration of the accreditation        |
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 4|requirements, the Oklahoma State University Center for Local           |
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 5|Government Technology shall be responsible for keeping an official     |
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 6|record as to the accreditation of individual county assessors and      |
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 7|deputies and others who are required to achieve accreditation.  Such   |
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 8|record shall be the sole responsibility of Oklahoma State University   |
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 9|and shall be defined as an open record under Section 24A.1 et seq.     |
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10|of Title 51 of the Oklahoma Statutes.  The Oklahoma State University   |
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11|Center for Local Government Technology shall be responsible for        |
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12|forwarding only the pass/fail results of individual testing to the     |
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13|Tax Commission.  The Tax Commission shall issue the accreditations     |
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14|to all persons who have so qualified.  All expenses incurred in the    |
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15|performance of the duties imposed upon the Oklahoma State University   |
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16|Center for Local Government Technology shall be paid out of from       |
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17|funds deposited in the County Government Education-Technical           |
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18|Revolving Fund as provided in Section 6 of this act, appropriated or   |
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19|otherwise made available to the Tax Commission, or the University      |
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20|may charge a reasonable fee to defray the cost of sponsoring the       |
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21|educational accreditation academic units required by this section.     |
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22|    F.  The Oklahoma State University Center for Local Government      |
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23|Technology, in cooperation with the County Assessors' Association      |
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24|and the County Treasurers' Association shall provide computer          |
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   Req. No. 5540                                                   Page 5
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 1|software programs, support of software and hardware, including         |
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 2|installation, maintenance, data management and training, to counties   |
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 3|currently using the services previously provided by the State          |
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 4|Auditor and Inspector.  All expenses incurred in the performance of    |
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 5|the duties imposed upon the Oklahoma State University Center for       |
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 6|Local Government Technology shall be paid out of from funds            |
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 7|deposited in the County Government Education-Technical Revolving       |
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 8|Fund as provided by Section 6 of this act, appropriated or otherwise   |
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 9|made available to the Tax Commission, or the University may charge a   |
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10|reasonable fee to defray the cost of sponsoring the County Computer    |
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11|Assistance Program support services required by this section.          |
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12|    G.  The Oklahoma State University Center for Local Government      |
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13|Technology, in cooperation with the County Assessors' Association,     |
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14|shall provide the administration, support, training and                |
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15|implementation of the Oklahoma State University Center for Local       |
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16|Government Technology-sponsored computer-assisted mass appraisal       |
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17|computer software system to any county using the services provided     |
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18|by the Ad Valorem Division of the Oklahoma Tax Commission and other    |
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19|counties upon request on the effective date of this act, if such       |
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20|county elects to adopt the Oklahoma State University Center for        |
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21|Local Government Technology-sponsored program.  All expenses           |
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22|incurred in the performance of the duties imposed upon the Oklahoma    |
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23|State University Center for Local Government Technology for the        |
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24|computer-assisted mass appraisal program shall be paid out of from     |
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   Req. No. 5540                                                   Page 6
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 1|funds deposited in the County Government Education-Technical           |
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 2|Revolving Fund as provided by Section 6 of this act, appropriated or   |
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 3|otherwise made available to the Oklahoma Tax Commission, or the        |
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 4|University may charge a reasonable fee to defray the cost of           |
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 5|sponsoring the computer-assisted mass appraisal computer software      |
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 6|system.                                                                |
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 7|    H.  All powers, duties, responsibilities, property, assets,        |
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 8|liabilities, fund balances, encumbrances and obligations of the Ad     |
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 9|Valorem Division of the Oklahoma Tax Commission relating to the        |
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10|computer-assisted mass appraisal system, referenced in subsection G    |
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11|of this section, including, but not limited to, program management,    |
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12|support and training, are hereby transferred to the Oklahoma State     |
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13|University Center for Local Government Technology.                     |
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14|    I.  Effective January 1, 2024, and thereafter, each elected        |
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15|county assessor, first deputies, and all personnel, including          |
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16|contractors, involved in the appraisal of all energy producing         |
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17|properties, including petroleum, wind energy, and solar energy real    |
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18|property and personal property assets shall be required to             |
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19|successfully complete a course provided by the Oklahoma State          |
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20|University Center for Local Government Technology on the valuation     |
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21|of energy producing properties within twelve (12) months of the        |
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22|effective date of this act.  After the completion of the initial       |
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23|energy valuation course, all personnel described in this section       |
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24|shall be required to attend a continuing education course on the       |
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   Req. No. 5540                                                   Page 7
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 1|valuation of energy producing property provided by the Oklahoma        |
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 2|State University Center for Local Government Technology during the     |
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 3|personnel's three-year accreditation continuing education cycle as     |
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 4|mentioned in subsection C of this section.                             |
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 5|    SECTION 2.  This act shall become effective November 1, 2023.      |
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 7|    59-1-5540      MJ     01/13/23                                     |
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   Req. No. 5540                                                   Page 8
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