Oklahoma § 68-3007 - Order of proceedings of county excise board

§ 68-3007. Order of proceedings of county excise board

As to each budget, original or supplemental, the county excise

board shall proceed in the following order:

(1) Examine the financial statements contained therein for the

purpose of ascertaining the true fiscal condition of each of the

several fund accounts of the municipality as of the close of the

previous fiscal year, or as of the date reported for supplemental

purposes; and it may require such additional statistics or financial

statements from the municipal officers as will enable it to make

such determination, and correct such statements if need be.

(2) Examine specifically the several items and amounts stated in

the estimate of needs, and if any be contained therein not

authorized by law or that may be contrary to law, or in excess of

needs, as determined by the excise board, said item shall be ordered

stricken and disregarded. If the amount as to any lawful item

exceeds the amount authorized by law, it shall be ordered reduced to

that extent; otherwise, the excise board joins in responsibility

therefor.

(3) Examine the content of the estimate of needs, and if the

governing board has failed to make provision for mandatory

governmental functions, whether such mandate be of the Constitution

or of the Legislature, or if the provision submitted by estimate be

deemed inadequate, the county excise board shall, whether on request

in writing by the officer charged with a mandatory duty or of its

own volition, prepare an estimate by items and amounts, either by

the items submitted or by additional items, and cause publication

thereof in some newspaper of general circulation in the county, in

one issue if published in a weekly paper, and in two consecutive

issues if published in a daily paper, and thereafter attach such

estimate, together with affidavit and proof of publication, to that

submitted by the governing board, for further consideration.

However, nothing herein contained shall prevent any governing board,

upon a timely finding that its estimate of needs as first filed is

inadequate, from filing a written request with the excise board to

increase such estimate as to any item or items, whether mandatory or

not; whereupon the excise board shall cause publication thereof, as

aforesaid, at the expense of the municipality.

(4) Compute the total means available to each fund, except the

sinking fund, by the converse of the formula provided by law for

computing the tax levy, as provided in Section 3017 of this Code.

(5) If the total of the several items of estimated needs for

lawful purposes as heretofore ascertained is within the income and

revenue lawfully available, the excise board shall approve the same

Oklahoma Statutes - Title 68. Revenue and Taxation

by items and compute the levy required. If said total exceeds the

means provided to finance the same, the excise board will proceed to

revise the same by reducing items, in whole or in part, in the

following order: (a) first apply such revision by reduction of

items for governmental functions merely authorized but not required;

(b) if further reduction be necessary, second, by reduction of items

required by the Legislature but not within Constitutional

requirement; (c) if still further reduction be necessary and no

other items remain, third, by reduction of items for Constitutional

governmental functions until the total thereof be within the income

and revenue provided. At the option of the excise board, the

governing board may collaborate in such reductions; but the final

order shall be that of the county excise board.

Laws 1965, c. 501, § 2; Laws 1979, c. 26, § 2, emerg. eff. April 3,

1979. Renumbered from § 2487 by Laws 1988, c. 162, § 163, eff. Jan.

1, 1992 and Laws 1991, c. 249, § 3, eff. Jan. 1, 1992. Amended by

Laws 2007, c. 155, § 14, eff. Nov. 1, 2007.