Bill Text For SB0583 - Introduced

 1|                          STATE OF OKLAHOMA                            |
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 2|             1st Session of the 59th Legislature (2023)                |
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 3|SENATE BILL 583                      By: Montgomery                    |
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 6|                            AS INTRODUCED                              |
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 7|       An Act relating to ad valorem exemption; amending 62            |
  |       O.S. 2021, Section 193, which relates to the Ad                 |
 8|       Valorem Reimbursement Fund; requiring the Oklahoma              |
  |       Tax Commission to submit certain report; stating                |
 9|       deadline for submission of report; and declaring an             |
  |       emergency.                                                      |
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12|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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13|    SECTION 1.     AMENDATORY     62 O.S. 2021, Section 193, is        |
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14|amended to read as follows:                                            |
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15|    Section 193.  A.  There is hereby created in the State Treasury    |
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16|a revolving fund for the Oklahoma Tax Commission to be designated      |
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17|the "Ad Valorem Reimbursement Fund".  The fund shall be a continuing   |
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18|fund, not subject to fiscal year limitations.  Monies apportioned to   |
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19|this fund shall be expended:                                           |
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20|    1.  To reimburse counties of this state for loss of revenue due    |
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21|to exemptions of ad valorem taxes for new or expanded manufacturing    |
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22|or research and development facilities;                                |
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23|    2.  Beginning calendar year 2022 and all subsequent years, to      |
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24|reimburse qualified counties of this state for loss of revenue due     |
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   Req. No. 551                                                    Page 1
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 1|to exemptions granted to veterans and their surviving spouses          |
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 2|pursuant to the provisions of Sections 8D, 8E and 8F of Article X of   |
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 3|the Oklahoma Constitution.  A county is qualified for reimbursement    |
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 4|if the number of exemptions granted to veterans and surviving          |
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 5|spouses for the most recently concluded calendar year exceeds          |
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 6|eight-tenths of one percent (0.8%) of the total county population      |
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 7|according to the latest Federal Decennial Census or most recent        |
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 8|annual population estimate, whichever is most recent.  The             |
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 9|reimbursement provided in this paragraph shall amount to twenty-five   |
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10|percent (25%) of the loss of revenue claimed by the qualified          |
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11|county;                                                                |
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12|    3.  To reimburse counties of this state for loss of revenue for    |
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13|school district and county purposes due to exemptions granted          |
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14|pursuant to the provisions of Section 2890 of Title 68 of the          |
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15|Oklahoma Statutes; and                                                 |
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16|    4.  To reimburse counties of this state for loss of revenue due    |
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17|to decreased valuation and assessment for buffer strips pursuant to    |
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18|Section 2817.2 of Title 68 of the Oklahoma Statutes.                   |
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19|    Provided that it shall be the duty of the Tax Commission to        |
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20|assess the valuation of all property for new or expanded               |
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21|manufacturing or research and development facilities which are         |
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22|exempt from ad valorem taxes.                                          |
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   Req. No. 551                                                    Page 2
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 1|    Monies apportioned to this fund also may be transferred to other   |
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 2|state funds or otherwise expended as directed by the Legislature by    |
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 3|law.                                                                   |
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 4|    B.  The county commissioners of each county seeking                |
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 5|reimbursement for lost revenue from the Ad Valorem Reimbursement       |
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 6|Fund shall make claims for reimbursement on forms prescribed by the    |
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 7|Tax Commission prior to April 30 of each year.  Claims for             |
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 8|reimbursement for loss of revenue based upon the type of exemptions    |
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 9|authorized pursuant to subsection A of this section.  Provided, the    |
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10|assessed valuation of a school district as stated in the claim for     |
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11|reimbursement shall be the same as reported to the State Department    |
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12|of Education on the Estimate of Need and shall include the total       |
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13|valuation of property exempt from taxation pursuant to Section 2902    |
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14|of Title 68 of the Oklahoma Statutes.  The claims shall be either      |
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15|approved or disapproved in whole or in part by the Tax Commission by   |
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16|June 15 of each year.  A claim for reimbursement for loss of revenue   |
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17|due to an exemption of ad valorem taxes for a new or expanded          |
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18|manufacturing or research and development facility shall be            |
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19|disapproved if a county or school district has received any payment    |
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20|in lieu of ad valorem taxes from such facility, to the extent of the   |
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21|amount of such reimbursement.  If the Tax Commission determines that   |
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22|an exemption has been erroneously or unlawfully granted, it shall      |
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23|notify the appropriate county assessor who shall immediately value     |
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24|and assess the property and place it on the rolls for ad valorem       |
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   Req. No. 551                                                    Page 3
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 1|taxation.  Disbursements from the fund shall be made on warrants       |
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 2|issued by the State Treasurer against claims filed by the Tax          |
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 3|Commission with the Office of Management and Enterprise Services for   |
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 4|payment.  Such disbursements shall be exempt from all agency           |
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 5|expenditure ceilings.  The county treasurer shall apportion or         |
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 6|disburse such funds for expenditures in the same manner as other ad    |
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 7|valorem tax collections.                                               |
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 8|    C.  In the event monies apportioned to the Ad Valorem              |
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 9|Reimbursement Fund are insufficient to pay all claims for              |
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10|reimbursement made pursuant to subsection B of this section, claims    |
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11|for reimbursement for loss of revenue due to exemptions of ad          |
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12|valorem taxes for new or expanded manufacturing or research and        |
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13|development facilities shall be paid first, and any remaining funds    |
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14|shall be distributed proportionally among the counties making claims   |
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15|for reimbursement for loss of revenue for school district and county   |
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16|purposes due to exemptions granted pursuant to the provisions of       |
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17|Sections 8D, 8E and 8F of Article X of the Oklahoma Constitution, if   |
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18|applicable, according to the amount of the claim made by each          |
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19|county.  If any funds remain after paying all claims for               |
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20|reimbursement for loss of revenue due to exemptions of ad valorem      |
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21|taxation for new or expanded manufacturing or research and             |
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22|development facilities and for reimbursement for loss of revenue for   |
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23|school district and county purposes due to exemptions granted          |
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24|pursuant to the provisions of Sections 8D, 8E and 8F of Article X of   |
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   Req. No. 551                                                    Page 4
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 1|the Oklahoma Constitution, the remaining funds shall be distributed    |
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 2|proportionally among the counties making claims for reimbursement      |
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 3|for the exemptions granted pursuant to the provisions of Section       |
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 4|2890 of Title 68 of the Oklahoma Statutes and for the loss of          |
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 5|revenue for decreased valuation and assessment for buffer strips       |
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 6|pursuant to Section 2817.2 of Title 68 of the Oklahoma Statutes.       |
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 7|    D.  Beginning in 2023, by April 15 of each year and by the end     |
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 8|of each calendar year, the Tax Commission shall submit reports         |
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 9|     on the Ad Valorem Reimbursement Fund to the Chair of the          |
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10|Appropriations Committee of the Senate and the Chair of the            |
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11|Appropriations and Budget Committee of the House of Representatives    |
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12|which shall include, but not be limited to, the following:             |
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13|    1.  Total reimbursement payments for the year;                     |
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14|    2.  Total claims remaining unpaid for each ad valorem exemption    |
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15|and, for the latest claim paid for each exemption, the date the        |
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16|claim was made; and                                                    |
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17|    3.  An estimate of how many unpaid claims will be paid in the      |
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18|next year for each ad valorem exemption.                               |
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19|    SECTION 2.  It being immediately necessary for the preservation    |
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20|of the public peace, health or safety, an emergency is hereby          |
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21|declared to exist, by reason whereof this act shall take effect and    |
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22|be in full force from and after its passage and approval.              |
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24|    59-1-551       QD        1/17/2023 7:34:09 PM                      |
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   Req. No. 551                                                    Page 5
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