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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
HOUSE BILL 4173 By: Staires
AS INTRODUCED
An Act relating to schools; amending 70 O.S. 2021,
Section 5-134, which relates to fiscal estimates;
amending 70 O.S. 2021, Section 5-155, which relates
to school district budgets; amending 70 O.S. 2021,
Section 15-102, which relates to school bond
elections; eliminating references to newspaper
publications; requiring school district preliminary
budget estimates, notices of proposed budget
hearings, and notices of levy and bond elections to
be posted on the website of the State Department of
Education; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 70 O.S. 2021, Section 5-134, is
amended to read as follows:
Section 5-134. A. No later than December 31 of each year, the
board of education of each school district of the state shall
prepare, on a form prescribed by the State Board of Education, a
preliminary estimate of the amount or amounts of money and tax rate
or rates which it then believes will be required for the district
for the ensuing fiscal year; and if such preliminary estimate shows
an estimated need for a levy requiring the approval of the school
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district electors of the district under Section 9 or Section 10 of
Article X of the Oklahoma Constitution, as amended on April 5, 1955,
such preliminary estimate shall contain a call for an election to be
held on the second Tuesday in February, or on such other date as may
be provided for the election of the members of the board of
education to vote on the question of making such levy or levies. In
determining the eligibility of the school district to make an
emergency levy under the provisions of subsection (d) of Section 9
of Article X of the Oklahoma Constitution, as amended, the legal
current expenses of the district shall be all the expenditures from
the general fund of the district during the preceding year, except
(1) expenditures for transportation of pupils; (2) capital outlay;
(3) debt service; and (4) the amount appropriated from any previous
emergency levy; and the Two Hundred Fifty Dollars ($250.00) per
capita cost fixed by said subsection (d) of Section 9 of Article X
of the Oklahoma Constitution, for the fiscal year ending June 30,
1956, is hereby increased to One Thousand Dollars ($1,000.00) for
the fiscal year ending June 30, 1963, and said sum of One Thousand
Dollars ($1,000.00) shall thereafter be increased or decreased by
the State Board of Education in proportion to the increase or
decrease in the per capita income of Oklahoma citizens. Such
preliminary estimate shall be published in one issue of a newspaper
having general circulation in the district on the website of the
State Department of Education at least ten (10) days before such
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election. Provided, that the county excise board or the board of
education of any school district may call a special election for any
date for the purpose of voting upon a levy authorized by Section 9
or 10 of Article X of the Oklahoma Constitution, as amended. Notice
of any election called under the provisions of this section shall be
given by publication in one issue of a newspaper having general
circulation in the school district posting the notice on the website
of the State Department of Education at least ten (10) days before
such election.
B. The requirements of this section shall not apply to school
districts that have adopted a permanent millage pursuant to
subsection (d-2) of Section 9 of Article X of the Oklahoma
Constitution.
SECTION 2. AMENDATORY 70 O.S. 2021, Section 5-155, is
amended to read as follows:
Section 5-155. A. The school district budget shall represent a
complete plan for the school district and shall present information
necessary and proper to disclose the financial position and
condition of the school district and the revenues and expenditures
thereof, both past and anticipated.
B. A school district budget shall contain a budget summary. It
shall also be accompanied by a budget message which shall explain
the budget and describe its important features. It shall contain at
least the following in tabular form for each fund:
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1. Actual revenues and expenditures for the immediate prior
fiscal year;
2. Revenues and expenditures for the current fiscal year as
shown by the budget for the current year as adopted or amended; and
3. Estimates of revenues and expenditures for the budget year.
C. The school district governing body shall hold a public
hearing on the proposed budget within forty-five (45) days preceding
the beginning of the budget year. Notice of the date, time and
place of the hearing, together with the proposed budget summary,
shall be published in a newspaper of general circulation in the
school district on the website of the State Department of Education
not less than five (5) days before the date of the hearing. The
clerk of the board shall make available a sufficient number of
copies of the proposed budget as the governing body shall determine
and shall have them available for review or for distribution at the
office of the chief financial officer. At the public hearing on the
budget, any person may present to the governing body comments,
recommendations or information on any part of the proposed budget.
D. The adopted budget shall be in effect no later than the
first day of the fiscal year to which it applies. The budget, as
adopted and filed with the State Auditor and Inspector, shall
constitute an appropriation for each fund, and the appropriation
thus made shall not be used for any other purpose except as provided
by law.
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E. Each school district shall amend the original budget after
June 30 of each year after the June financial activity has been
recorded, the annual Foundation and Salary Incentive Aid allocation
has been released, and the property tax valuations have been
certified for all affected counties within the school district. The
amended budget shall include all of the following information which
is applicable:
1. Valuation of the school district by county and
classification, excluding homestead exemptions;
2. Bonded debt and judgments outstanding, including interest
rates by maturity;
3. Matured debt and judgments;
4. Sinking fund balance, including cash and investments;
5. Sinking fund levy calculations, including surplus/deficit,
principal accrual, annual interest, judgment installment and
interest, total net levy and delinquency;
6. Levies in millage for general fund, building fund and
sinking fund;
7. Millage adjustment factor, if applicable;
8. Previous year sinking fund collections, including total
proceeds as certified, additions or deductions, reserve for
delinquent tax, reserve for protest pending, tax apportioned, net
balance in process of collection, and excess collections; and
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9. Surplus analysis, including itemized sources of excess and
deductions.
F. At the time required by law, the county excise board shall
levy the taxes necessary for the school district general fund,
building fund and sinking fund for the budget year pursuant to
Sections 397 and 399 of Title 62 of the Oklahoma Statutes, and for
the school district general and building funds for the budget year
pursuant to Section 9 of Article X of the Oklahoma Constitution.
SECTION 3. AMENDATORY 70 O.S. 2021, Section 15-102, is
amended to read as follows:
Section 15-102. The board of education shall call an election,
to be conducted by the county election board in all respects as
other elections, for the purpose of taking the sense of the district
upon the question of issuing such bonds, naming in the proclamation
of such election the amount of bonds to be voted on and the purpose
for which they are to be issued; and it shall cause to be published
in a newspaper of general circulation in said district on the
website of the State Department of Education the time and place of
such election, such notices to be given at least ten (10) days
before such election. In all instances where proclamations for
elections for boards of education are required by statute of the
mayor of a city, and in all instances where elections for boards of
education are provided for by statute wherein the mayor and city
clerk are denominated, the president of the board of education shall
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be substituted for the mayor, and the clerk of the board of
education shall be substituted for the city clerk. Boards of
education are hereby declared to be free and independent of cities
in all matters relating to school elections legally called upon all
school matters, and presidents of boards of education shall have
full power to issue proclamations calling school elections;
provided, that no election shall be called on the same proposition
within four (4) months after such proposition has been defeated at
an election by the school district electors. The provisions of this
act as to the waiting period shall not apply where the school
facilities have been destroyed by an act of God. The cost of such
elections, together with the cost of such proclamations,
publication, notices or other expenses required, shall be legal
costs of boards of education.
SECTION 4. This act shall become effective November 1, 2026.
60-2-15825 SW 01/11/26