Oklahoma 2023 Regular Session

Oklahoma House Bill HB2724 Compare Versions

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Version 2 (New)

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3		-	HB2724 HFLR Page 1
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31	28		STATE OF OKLAHOMA
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33	30		1st Session of the 59th Legislature (2023)
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35	32		HOUSE BILL 2724 By: Menz
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41	38		AS INTRODUCED
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43	40		An Act relating to public safety; amending 63 O.S.
44	41		2021, Section 1054, which relates to the Oklahoma
45	42		Housing Authority Act; defining term; providing that
46	43		landlords or owners of property shall receive stipend
47	44		if certain conditions are met; providing for
48	45		codification; and providing an effective date .
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55	52		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
56	53		SECTION 1. AMENDATORY 63 O.S. 2021, Section 1054, is
57	54		amended to read as follows:
58	55		Section 1054. The following terms, wherever used or referred to
59	56		in this act, shall have the following respective meanings, unless a
60	57		different meaning clearly appears from the c ontext:
61	58		(a) "Authority" means any public body corporate and p olitic
62	59		created by this act.
63	60		(b) "City" means any incorporated city or town in the state.
64	61		"County" means any county in the state.
	62	+	(c) "Governing body" means, in the case of a city, the council
	63	+	or other governing body of the city in whi ch is vested legislati ve
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66		-	HB2724 HFLR Page 2
67		-	BOLD FACE denotes Committee Amendments. 1
	65	+	Req. No. 6858 Page 2 1
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92		-	(c) "Governing body" means, in the case of a city, the council
93		-	or other governing body of the city in whi ch is vested legislati ve
94	90		authority customarily imposed on the city council, and, in the case
95	91		of a county, the board of county commissioners.
96	92		(d) "Mayor" means the mayor of the city or the officer thereof
97	93		charged with the duties customarily imposed on the m ayor or
98	94		executive head of a city.
99	95		(e) "Clerk" means the city clerk or the county clerk, as the
100	96		case may be.
101	97		(f) "Area of operation" means:
102	98		(1) in the case of an authority of a city, the city and the area
103	99		within one (1) mile of the territorial boundaries t hereof, except
104	100		that the area of operation of an authority of any city shall not
105	101		include any area which lies within the territorial boundaries of
106	102		some other city; or
107	103		(2) in the case of an authority of a county, all of t he county
108	104		for which it is created: Provid ed, that a county au thority shall not
109	105		undertake any project within the boundaries of any city unless a
110	106		resolution shall have been adopted by the governing body of the city
111	107		and by any authority which shall have been theretofore established
112	108		and authorized to exercise its powers in the city declaring that
113	109		there is need for the county authority to exercise its powers within
	110	+	that city. No authority shall operate in any area in which an
	111	+	authority already established is op erating without the consent by
	112	+	resolution of the authority already operating therein.
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115		-	HB2724 HFLR Page 3
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	114	+	Req. No. 6858 Page 3 1
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141		-	that city. No authority shall operate in any area in wh ich an
142		-	authority already established is op erating without the consent by
143		-	resolution of the authority already operating therein.
144	139		(g) "Federal government" includes the United States of America,
145	140		the Public Housing Administration, or any other agency or
146	141		instrumentality, corporate or otherwise, of the United States of
147	142		America.
148	143		(h) "Slum" means any area where dwe llings predominate which by
149	144		reason of dilapidation, overcrowding, faulty arrangement or design,
150	145		lack of ventilation, light, or sanitary facilities, or any
151	146		combination of these factors, are detri mental to safety, health and
152	147		morals.
153	148		(i) "Housing project" or "project" means any work or undertaking
154	149		on contiguous or noncontiguous sites:
155	150		(1) to demolish, clear, or remove buildings from any slum
156	151		area;
157	152		(2) to provide or assist in providing (by any suita ble method,
158	153		including but not limited to: rental; sale of individual units in
159	154		single or multifamily structures under conventional, condominium, or
160	155		cooperative sales contract; lease -purchase agreement; loans; or
161	156		subsidizing of rentals or charges) decent, sa fe and sanitary urban
162	157		or rural dwellings, apartments, or other living accommodations for
163	158		persons of low income; or
	159	+	(3) to accomplish a combination of the foregoing. Such work or
	160	+	undertaking may include buildings, land, equipment, facilities, and
	161	+	other real or personal property for necessary, con venient or
	162	+	desirable appurtenances; streets, sewers, water service, utilities,
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165		-	HB2724 HFLR Page 4
166		-	BOLD FACE denotes Committee Amendments. 1
	164	+	Req. No. 6858 Page 4 1
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191		-	(3) to accomplish a combination of the foregoing. Such work or
192		-	undertaking may include buildings, land, equipment, facilities, and
193		-	other real or personal property for necessary, con venient or
194		-	desirable appurtenances; streets, sewers, water service, utilities,
195	189		parks, site preparation, and landscaping; and facilities for
196	190		administrative, community, health, recreational, welfare, or other
197	191		purposes. The term "housing project" or "project" also may be
198	192		applied to the planning of the buildings and improvements, the
199	193		acquisition of property or any interest therein, the demolition of
200	194		existing structures, the construction, reconstruction,
201	195		rehabilitation, alteration or repair of the improvements and all
202	196		other work in connection therewith; and the term shall include all
203	197		other real and personal property and all tangible or intangible
204	198		assets held or used in connection with the housing project.
205	199		(j) "Persons of low income" shall mean persons or familie s who
206	200		lack the amount of income which is necessary (as determined by the
207	201		authority undertaking the housing project) to enable them, without
208	202		financial assistance, to live in decent, safe and sanitary
209	203		dwellings, without overcrowding, however, the local housi ng
210	204		authority shall not exceed the guidelines in establishing incomes
211	205		set forth by the Department of Housing and Urban Development.
212	206		(k) "Bonds" means any bonds, notes, interim certificates,
213	207		debentures, or other oblig ations issued by an authority pursuant to
214	208		this act.
	209	+	(l) "Real property" includes all lands, including improvements
	210	+	and fixtures thereon, and property of any nature appurtenant
	211	+	thereto, or used in connection therewith, and every estate, interest
	212	+	and right, legal or equitable, therein including ter ms for years.
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216		-	HB2724 HFLR Page 5
217		-	BOLD FACE denotes Committee Amendments. 1
	214	+	Req. No. 6858 Page 5 1
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242		-	(l) "Real property" includes all lands, including improvements
243		-	and fixtures thereon, and property of any nature appurtenant
244		-	thereto, or used in connection therewi th, and every estate, interest
245		-	and right, legal or equitable, therein including ter ms for years.
246	239		(m) "Obligee of an authority" or "obligee" includes any
247	240		bondholder, agent or trustee for any bondholder, or lessor demising
248	241		to the authority property used in connection with a project, or any
249	242		assignee or assignees of such lessor 's interest or any part thereof,
250	243		and the federal government when it is a party to any contract with
251	244		the authority.
252	245		(n) "Persons engaged in national defense activities " means
253	246		persons in the Armed Forces of the United States; emplo yees of the
254	247		Department of Defense; and wo rkers engaged or to be engaged in
255	248		activities connected with national defense. The term also includes
256	249		the families of the persons, employees, and workers who reside with
257	250		them.
258	251		(o) "Major disaster" means any flood, drought, fire, hurricane,
259	252		tornado, earthquake, storm, or other catastrophe which, in the
260	253		determination of the governing body, is of sufficient severity and
261	254		magnitude to warrant the use of available resources of the federal,
262	255		state, and local governments to a lleviate the damage, hardship, or
263	256		suffering caused thereby.
	257	+	(p) "State public body" means any city, county, municipal
	258	+	corporation, commission, district, authority, agency, subdivision,
	259	+	or public body of the state.
	260	+	(q) "Housing Choice Voucher Program" means the tenant-based
	261	+	assistance program unde r section 8(o) of the United States Housing
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265		-	HB2724 HFLR Page 6
266		-	BOLD FACE denotes Committee Amendments. 1
	263	+	Req. No. 6858 Page 6 1
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291		-	(p) "State public body" means any city, county, municipal
292		-	corporation, commission, district, authority, agency, subdivision,
293		-	or public body of the state.
294		-	(q) "Housing Choice Voucher Program" means the tenant-based
295		-	assistance program unde r section 8(o) of the United States Housing
296	288		Act of 1937 that is locally administered by the Oklahoma Public
297	289		Housing Authority.
298	290		SECTION 2. NEW LAW A new section of law to be codified
299	291		in the Oklahoma Statutes as Section 1076.1 of Title 63, unless there
300	292		is created a duplication in numbering, reads as follows:
301	293		Landlords or owners of property who maintain decent, safe, and
302	294		sanitary dwellings for persons of low income shall receive a one-
303	295		time Two Hundred Dollar ($200.00) remittance for each tenant who has
304	296		leased with the landlord for a period of three (3) years and who
305	297		participates in the Hous ing Choice Voucher P rogram.
306	298		SECTION 3. This act shall become effective November 1, 2023.
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308		-	COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY - CIVIL, dated
309		-	03/02/2023 - DO PASS.
	300	+	59-1-6858 CMA 01/14/23