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SENATE FLOOR VERSION
February 9, 2023
SENATE BILL NO. 580 By: Hall
An Act relating to housing; amending 63 O.S. 2021,
Section 1054, which relates to definiti ons used in
the Oklahoma Housing Authorit ies Act; modifying
definition; providing a n effective date; and
declaring an emergency .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 2021, Section 1054, is
amended to read as follows:
Section 1054. The following terms, wherever used or referred to
in this act, shall have the following respective meanings, unless a
different meaning clearly appears from the context:
(a) 1. “Authority” means any public body corporate and politic
created by this act.;
(b) 2. “City” means any incorporated city or town in the state.
“County” means any county in the state .;
(c) 3. “Governing body” means, in the case of a city, the
council or other governing bod y of the city in which is vested
legislative authority customarily imposed on the city council, and,
in the case of a county, the board of county commissioners .;
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(d) 4. “Mayor” means the mayor of the city or the officer
thereof charged with the duties cus tomarily imposed on the mayor or
executive head of a city.;
(e) 5. “Clerk” means the city clerk or the county clerk, as the
case may be.;
(f)
6. “Area of operation” means:
(1)
a. in the case of an authority of a city, the city and
the area within one (1) mile of the territorial
boundaries thereof, except that the area o f operation
of an authority of any city shall not include any area
which lies within the territorial boundaries of some
other city;,
(2)
b. in the case of an authority of a county, all of t he
county for which it is created: Provided, that a
county authority shall not undertake any project
within the boundaries of any city unless a resolution
shall have been adopted by the g overning body of the
city and by any authority which shall have been
theretofore established and authorized to exercise its
powers in the city declaring that there is need for
the county authority to exercise its powers within
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that city. No authority shal l operate in any area in
which an authority already established is op erating
without the consent by resolution of the authority
already operating therein., or
c. in the case of an authority of a city or of a county,
and only for a period of time beginning on the
effective date of this act and ending on December 31,
2026, anywhere within the geographical boundaries of
this state;
(g) 7. “Federal government” includes the United States of
America, the Public Housing Administration, or any other agency or
instrumentality, corporate or otherwise, of the United States of
America.;
(h) 8. “Slum” means any area where dwellings pre dominate which
by reason of dilapidation, overcrowding, faulty arrangement or
design, lack of ventilation, light, or sanitary faciliti es, or any
combination of these factors, are detrimental to safety, hea lth and
morals.;
(i)
9. “Housing project” or “project” means any work or underta king
on contiguous or noncontiguous sites:
(1)
a. to demolish, clear, or remove buildings from any sl um
area;,
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(2)
b. to provide or assist in providing (by any suitable
method, including but not limited to: rental; sale of
individual units in single or mul tifamily structures
under conventional, condominium, or cooperative sales
contract; lease-purchase agreement; loans; or
subsidizing of rentals or charges) decent, safe and
sanitary urban or rural dwellings, apartments, or
other living accommodations for pe rsons of low
income;, or
(3)
c. to accomplish a combination of the foregoing. Such
work or undertaking may include buildings, land,
equipment, facilities, and other real or p ersonal
property for necessary, convenient or desirable
appurtenances; streets, sewers, water service,
utilities, parks, site preparation, and landscaping;
and facilities for admin istrative, community, health,
recreational, welfare, or other purposes. The term
“housing project” or “project” also may be applied to
the planning of the buildings and improvements, the
acquisition of property or any interest therein, the
demolition of existing structures, the construction,
reconstruction, rehabilitation, altera tion or repair
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of the improvements and all other work in connecti on
therewith; and the term shall include all other real
and personal property and all tangible or intangible
assets held or used in connection with the housing
project.;
(j) 10. “Persons of low income” shall mean persons or families
who lack the amount of incom e which is necessary (as determined by
the authority undertaking the housing project) to enable them,
without financial assistance, to live in decent, safe and sanitary
dwellings, without overcrowding, however, the local housing
authority shall not exceed the guidelines in establishing incomes
set forth by the Department of Housing and Urban Development .;
(k) 11. “Bonds” means any bonds, notes, interim certificates,
debentures, or other obligations issued by an authority pursuant to
this act.;
(l) 12. “Real property” includes all lands, including
improvements and fixtures thereon, and property of any nature
appurtenant thereto, or used in connection therewith, and every
estate, interest and right, legal or equitable, therein including
terms for years.;
(m) 13. “Obligee of an authority” or “obligee” includes any
bondholder, agent or trustee for any bondholder , or lessor demising
to the authority property used in connection with a project , or any
assignee or assignees of such lessor ’s interest or any part thereof,
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and the federal government when it is a party to any contract with
the authority.;
(n) 14. “Persons engaged in national defense activities ” means
persons in the Armed Forces of the United States; employees of the
Department of Defense; and workers engaged or to be engaged in
activities connected with national defense. The term also includes
the families of the persons, employees, and workers who reside with
them.;
(o) 15. “Major disaster” means any flood, drought, fire,
hurricane, tornado, earthquake, storm , or other catastrophe which,
in the determination of the governing body, is of sufficient
severity and magnitude to warrant the use of available resources of
the federal, state, and local governments to alleviate the damage,
hardship, or suffering caused thereby.; and
(p) 16. “State public body” means any city, county, municipal
corporation, commission, district, authority, agency, subdivision,
or public body of the state.
SECTION 2. This act shall become effective July 1, 2023.
SECTION 3. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approva l.
COMMITTEE REPORT BY: COMMITTEE ON GENERAL GOVERNMENT
February 9, 2023 - DO PASS