ENGROSSED HOUSE
BILL NO. 2806	By:	Roberts (Sean) of the House

			  and

		David of the Senate

An Act relating to tax elections by political subdivisions; providing for applicability of statutory requirements related to authorized election dates; prescribing certain election dates for questions related to imposition of tax levies; authorizing special election date based upon petition process; prescribing requirements for petition; providing for conspicuous statement related to special election costs; imposing duty on county election board with respect to cost estimate; prohibiting use of public money or resources for purposes of petition process; providing for codification; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 13-113 of Title 26, unless there is created a duplication in numbering, reads as follows:
A.  The provisions of this section shall govern the timing of any election conducted by a county, a city, town, common school district or career-technology district pursuant to which the voters of the applicable taxing jurisdiction are eligible to vote on any question the result of which is the imposition of an ad valorem tax levy pursuant to the provisions of Section 26 of Article X of the Oklahoma Constitution, the imposition of a sales tax by a county authorized pursuant to Section 1370 of Title 68 of the Oklahoma Statutes, the imposition of any tax authorized to be levied by a municipality pursuant to the provisions of Section 2701 et seq. of Title 68 of the Oklahoma Statutes or the imposition of any tax levy by a political subdivision of the state not otherwise described by this subsection.
B.  Except as otherwise provided by subsection C of this section, elections for the purposes described by subsection A of this section may only be held on a date of a General Election, a Primary Election or, with respect to a common school district, a school board election.
C.  If at least ten percent (10%) of the registered voters who voted at the last election conducted by the local taxing jurisdiction described by subsection A of this section prior to the date as of which a petition described by this subsection is first circulated sign a petition requesting that an election date other than one of the authorized dates prescribed by subsection B of this section be set for a question, the question regarding the imposition of a tax levy described by subsection A of this section may be submitted at a date set pursuant to the terms of such petition.
D.  Any petition circulated as provided by subsection C of this section shall contain the following wording in a font which is at least 15 points larger than the font used for the body of the petition and which shall be in bold or italic typeface or both and which shall appear at the top of each page of the petition:
THE COST OF THE ELECTION FOR THE QUESTION TO BE SUBMITTED TO THE VOTERS OF THE (INSERT NAME OF APPLICABLE POLITICAL SUBDIVISION) WITHOUT A SPECIAL ELECTION DATE IS ESTIMATED BY THE COUNTY ELECTION BOARD TO BE ________________ DOLLARS ($).  THE COST OF THE ELECTION FOR THE QUESTION TO BE SUBMITTED TO THE VOTERS OF THE (INSERT NAME OF APPLICABLE POLITICAL SUBDIVISION) USING A SPECIAL ELECTION DATE IS ESTIMATED BY THE COUNTY ELECTION BOARD TO BE _____________________ DOLLARS ($).
E.  The county election board of each county shall provide the estimated cost information required by subsection D of this section on the petition so that the petition can be completed prior to the first date upon which it is circulated.
F.  If a petition to authorize a special election date pursuant to subsection C of this section is circulated, no public money, including the use of any time by an employee of a political subdivision during regular working hours or during any period of time during which the employee is subject to the authority of the political subdivision or any agent or other employee of such political subdivision may be expended to prepare, review, circulate, promote or otherwise assist with the petition process.

SECTION 2.  This act shall become effective November 1, 2012.
Passed the House of Representatives the 13th day of March, 2012.

	
Presiding Officer of the House of
	Representatives

Passed the Senate the ____ day of __________, 2012.

	
Presiding Officer of the Senate