Bill Text For SB0579 - Introduced

 1|                          STATE OF OKLAHOMA                            |
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 2|             1st Session of the 59th Legislature (2023)                |
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 3|SENATE BILL 579                      By: Montgomery                    |
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 6|                            AS INTRODUCED                              |
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 7|       An Act relating to school district funding; creating            |
  |       the School District Ad Valorem Protest Assistance               |
 8|       Revolving Fund; providing sources of funds; stating             |
  |       purpose; providing for expenditures from fund;                  |
 9|       authorizing the State Board of Education to provide             |
  |       loans and one-time funds to school districts under              |
10|       certain circumstance; stating amount of loan;                   |
  |       prescribing repayment of loan; stating amount of                |
11|       one-time funds; authorizing school districts submit             |
  |       application; requiring the Board to provide certain             |
12|       forms; making issuance of loan and payment of fund              |
  |       contingent upon availability of funds; requiring                |
13|       certain payment as funds become available; providing            |
  |       for codification; and providing an effective date.              |
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16|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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17|    SECTION 1.     NEW LAW     A new section of law to be codified     |
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18|in the Oklahoma Statutes as Section 3-104.12 of Title 70, unless       |
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19|there is created a duplication in numbering, reads as follows:         |
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20|    A.  There is hereby created in the State Treasury a revolving      |
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21|fund for the State Board of Education to be designated the "School     |
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22|District Ad Valorem Protest Assistance Revolving Fund".  The fund      |
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23|shall be a continuing fund not subject to fiscal year limitations      |
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24|and shall consist of all monies appropriated or transferred to the     |
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   Req. No. 492                                                    Page 1
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 1|fund by the Legislature.  Except as otherwise provided in this         |
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 2|section, all monies accruing to the credit of the fund are hereby      |
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 3|appropriated and may be budgeted and expended by the State Board of    |
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 4|Education for the purpose of providing financial assistance to local   |
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 5|school districts pursuant to subsection B of this section.             |
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 6|Expenditures from the fund shall be made on warrants issued by the     |
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 7|State Treasurer against claims filed as prescribed by law with the     |
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 8|Director of the Office of Management and Enterprise Services for       |
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 9|approval and payment.                                                  |
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10|    B.  The State Board of Education is authorized to provide loans    |
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11|to school districts whose funding is reduced from the budgeted         |
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12|amount due to ad valorem protests and one-time funds to school         |
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13|districts whose funds received from the formula for State Aid          |
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14|pursuant to Section 18-200.1 of Title 70 of the Oklahoma Statutes      |
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15|were reduced as a result of an error in valuation by a county          |
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16|assessor.                                                              |
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17|    C.  Loans made to a school district shall be equal to the amount   |
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18|the district would have received from the taxes paid under protest     |
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19|that are held separate by the county treasurer pursuant to Section     |
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20|18-200.1 of Title 70 of the Oklahoma Statutes.  Upon the               |
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21|apportionment of funds to the district pursuant to subsection E of     |
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22|Section 18-200.1 of Title 70 of the Oklahoma Statutes, the district    |
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23|shall remit to the Board the funds received from the apportionment     |
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24|and the loan shall be considered paid in full.                         |
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   Req. No. 492                                                    Page 2
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 1|    D.  One-time funds paid to a school district shall be equal to     |
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 2|the difference between the amount of funds the district received for   |
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 3|a school year from the formula for State Aid and the amount of funds   |
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 4|the district would have received if the error in valuation had not     |
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 5|occurred.                                                              |
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 6|    E.  School districts may apply for loans and one-time funds        |
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 7|provided pursuant to this section on forms prescribed by the Board.    |
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 8|Applications shall be processed by the Board in the order they are     |
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 9|received, and the issuance of loans and payments of one-time funds     |
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10|shall require approval of the application by the Board and be          |
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11|subject to the availability of funds on balance in the School          |
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12|District Ad Valorem Protest Assistance Revolving Fund.  Applications   |
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13|for one-time funds made pursuant to subsection D of this section       |
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14|approved by the Board but not paid due to unavailability of funds      |
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15|shall be paid as funds become available.                               |
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16|    SECTION 2.  This act shall become effective November 1, 2023.      |
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18|    59-1-492       QD        1/17/2023 7:33:35 PM                      |
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   Req. No. 492                                                    Page 3
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