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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
SENATE BILL 1498 By: Floyd
AS INTRODUCED
An Act relating to housing authority; amending 63
O.S. 2021, Section 1061, which relates to the power
of authority; modifying certain public hearing and
finding requirement to exclude governing body of the
authority; updating statutory references; updating
statutory language; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 2021, Section 1061, is
amended to read as follows:
Section 1061. Every authority shall have all powers necessary
or convenient to carry out and effectuate the purpose s and
provisions of this act, Section 1051 et seq. of this title including
the following powers in addition to others herein specifically
granted:
(a) To sue and to be sued; to have a seal and to alter the same
at pleasure; to have perpetual succession; to make and execute
contracts and other instruments necessary or convenient to the
exercise of the powers of the authority; and to make and from time
to time amend and repeal bylaws, rules , and regulations.
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(b) Within its area of operation: to prepare, carr y out, and
operate projects and to provide for the acquisition, construction,
reconstruction, improvement, extension, alteration , or repair of any
project or any part thereof. Provided, however, that a public
hearing to consider a proposed project requiri ng construction,
purchasing, leasing, or renting of more than twenty new housing
units shall be held together by the authority and governing body,
and any such project must be found to be in the public interest by a
majority of the members constituting said the authority and a
majority of the members cons tituting said governing body as a
condition precedent to the implementation of any such project.
Notice of the public hearing required by this provision shall be
given by publication in a newspaper of gene ral circulation within
the jurisdiction of the aut hority at least ten (10) days and not
more than thirty (30) days prior to said the hearing; provided that
an additional public hearing shall be held by the authority before
the same shall select any locatio n for any contiguous or
noncontiguous area of land on which the authority proposes to
construct more than twenty additional new housing units, and such
the hearing shall have as its subject the location of the proposed
additional units. Notice of the publ ic hearing required by this
provision shall be giv en in a newspaper of general circulation
within the jurisdiction of the authority at least ten (10) days and
not more than thirty (30) days prior to said the hearing and three
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members of the Commission must concur in the selection of any such
location, except that the aforesaid proviso concerning an additional
public hearing shall not apply to a location in an approved urban
renewal project area.
(c) To undertake and carry out studies and analyses of housing
needs within its area of operation and ways of me eting such needs,
including data with respect to population and family groups and the
distribution thereof according to income g roups, the amount and
quality of available housing , and its distribution accor ding to
rental and sale prices, employment, wages , and other factors
affecting the local housing needs and the meeting thereof, and to
make the results of such studies and analyses available to the
public and the building, housing , and supply industries; a nd to
engage in research and disseminate informati on on housing and slum
clearance.
(d) To utilize, contract with, act through, assist , and
cooperate or deal with any person, agency, institution, or
organization, public or private, for the provision of ser vices,
privileges, works, or facilities for or in connection with its
projects; and, notwithstanding anything to the contrary contained in
this act Section 1051 et seq. of this title or in any other
provision of law, to agree to any conditions attached to federal
financial assistance relating to the deter mination of prevailing
salaries or wages or payment of not less than prevailing salaries or
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wages or compliance with labor standards, in the development or
administration of projects, and to include in any contract awarded
or entered into in connection wit h a project stipulations requiring
that the contractor and all subcontractors comply with requirements
as to minimum salaries or wages and maximum hours of labor, and
comply with any conditions attached to the financial aid of the
project. Construction, r estitution, improvement, extension,
alteration, or major repair of any project or any part thereof shall
be open to competitive bidding: provided, however, nothing in th is
section shall prevent a local hou sing authority from requesting
proposals from property owners and/or developers to provide certain
kinds of housing to the housing authority either presently existing
or to be developed; provided, that the local authorit y establish
safeguards relating to l aws and regulations of the United States
wherein the same has entered into contracts with the authority to
provide financial assistance in acquiring the same; provided,
further, that no authority shall discriminate in it s seeking, or in
the award, of any contract for services, acquisition of real or
personal property, construction of buildings, dwelling unit s,
streets, utilities, site grading, landscaping , and repairs to any of
its holdings or upon property that the author ity plans to acquire,
to include renovations, solely based on the race, sex, color,
religious beliefs, or national origin of a person or fi rm; except an
Indian authority may give preference in its awarding of a contract
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in all forms so long as the services to be performed, or the
construction of buildings, dwellings, site improvements, rep airs, or
renovation is to be performed or carried out on a federally
recognized tribal reservation or former reservations and only then
upon land held in trust by, or owned by, the respective Indian
tribe; and provided, further, that all previously listed
restrictions and regulations concerning public hearing s and
locations of said the projects are complied with in their entirety.
(e) To lease, rent, sell , or lease with option to purchase any
dwelling, accommodations, lands, buildings, structures , or
facilities embraced in any project and, subject to the limitatio ns
contained in this act Section 1051 et seq. of this title with
respect to the rental of or charges for dwellings in housing
projects, to establish and revise the rents or charges therefor; to
own, hold, and improve real or personal property; to purchase,
lease, obtain options upon, acquir e by gift, grant, bequest, devise ,
or otherwise any real or personal property or any interest therein;
to acquire by the exercise of the power of eminent domain an y real
property or interest therein; to sell, lease, exchange, transfer,
assign, pledge, or dispose of any real or personal property or any
interest therein,; provided, however, that before any such personal
property shall be sold it shall be advertised fo r sale in a
newspaper of general circulation within the jurisdiction of the
authority, and such the advertisement shall state the time and place
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where written bids shall be received, or public auction shall be
held, that such the property shall be sold to the highest bidder,
and that the authority may, within its discretion, reject all bids
and readvertise such the property for sale in the event any
property, real or personal, acquired by the authority, by e minent
domain or otherwise, is later found to be i n excess of its needs, or
unsuitable or unuseable unusable for any reason, such the property
shall, before being sold, leased, exchanged, transferred, assigned,
pledged, or disposed of in any other manner, be first offered to
those persons, individuals, groups, organizations, corporations,
municipalities, or their successors from whom it was first procured
by the authority, at the same price as paid by the authority at the
time of acquiring same, and except that lands acquired by the
authority may be sold to other governmental agencies for public
purposes, as long as such the parcel of land does not exceed one
percent (1%) of the total land held by the authority and the sale is
made within ninety (90) days of the effective date of this act April
25, 1969; to make loans for the provisions of housing for occupancy
by persons of low income; to insure or provide for th e insurance of
any real or personal property or operations of the authority against
any risks or hazards; to procure or agree to the procurement of
government insurance or guarantees of the payment of any bonds or
parts thereof issued by the authority , including the power to pay
premiums on any such insurance; provided, however, that
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notwithstanding any provisions in this law, the authority may
develop programs for the sale of individual homes and/or two -family
units to low income families or to families wh o have at one time
qualified as low income families under this act Section 1051 et seq.
of this title, under terms which the housing authority may establish
under conditions acceptable to bo ndholders, other lenders , and the
federal government.
(f) To invest any funds held in reserves or sin king funds or any
funds not required for immediate disbursemen t in property or
securities in which public funds in the custody of a county
treasurer or the State Treasurer of the State of Oklahoma may be
legally invested; to redeem its bonds at the redemption pr ice
established therein or to purchase its bonds at less than such
redemption price, all bonds so redeemed or purchased to be
cancelled.
(g) Within its area of operation: to determine where slum areas
exist or where there is unsafe, unsanitary , or overcrowded housing;
to make studies and recommendations relati ng to the problem of
clearing, replanning , and reconstruction of slum areas and the
problem of eliminating unsafe, unsanitary , or overcrowded housing
and providing dwelling accommodations for persons of low income; and
to cooperate with the state or any st ate public body in action taken
in connection with such those problems. Provided, however, the
authority shall not have the power to relocate any persons to other
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areas until housing has been provide d for such those persons under
this act Section 1051 et seq. of this title.
(h) Acting through one or more commissioners or other persons
designated by the authority: to conduct examinations and
investigations and to hear testimony and take proof under oath at
public hearings on any matter material for its information; to
administer oaths, issue subpoenas req uiring the attendance of
witnesses or the production of books and papers , and to issue
commissions for the examination of witnesses who are outside of the
state or unable to attend befo re the authority, or excused from
attendance; to make available to appr opriate agencies, including
those charged with the duty of abating or requiring the correction
of nuisances or like conditions or of demolishing unsafe or
unsanitary structures within i ts area of operation, its findings and
recommendations with regard to a ny building or property where
conditions exist which are dangerous to the public health, morals,
safety, or welfare.
(i) To exercise all or any part or combination of powers herein
granted.
The powers of an authority shall not include: (1) the power to
appropriate funds of a city or county; (2) the power to levy taxes
and assessments; (3) the power to zon e or rezone; or (4) the power
to make exceptions to zoning ordinances or building r egulations of a
city or county.
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No provision by law with respect to the acquisition, operation ,
or disposition of property by other public bodies shall be
applicable to an authority unless the Legislature shall specifically
so state.
SECTION 2. This act shall become effective November 1, 2022.
58-2-2991 QD 1/20/2022 8:04:10 AM