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28	28	STATE OF OKLAHOMA
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30	30	1st Session of the 59th Legislature (2023)
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32	32	HOUSE BILL 1379 By: Gann
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38	38	AS INTRODUCED
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40	40	An Act relating to public finance; amending 62 O.S.
41	41	2021, Section 855, which relates to the Local
42	42	Development Act; modifying procedures for approval of
43	43	certain district, plan or project; requiring
44	44	submission of question to voters of applicable
45	45	jurisdiction; requiring approval of district, plan or
46	46	project by majority vote; modif ying provisions
47	47	related to supermajority approval by governing board;
48	48	modifying provisions related to confidential
49	49	information; and providing an effective date .
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58	58	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
59	59	SECTION 1. AMENDATORY 62 O.S. 2021, Section 855, is
60	60	amended to read as follows:
61	61	Section 855. A. Prior to the adoption an d approval of a
62	62	project plan and the ordinance or resolut ion required under Section
63	63	856 of this title an d prior to the public hearing required under
64	64	Section 859 of this title, the governing body shall appoint a review
65	65	committee to review and make a recomme ndation concerning the
66	66	proposed district, plan or project . The membership of the review
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93	93	committee shall consist of the following: a representative of the
94	94	governing body who shall serve as c hairperson; a representative of
95	95	the planning commission having jur isdiction over the proposed
96	96	district; a representative de signated by each taxing jurisdiction
97	97	within the proposed district whose ad valorem taxes might be
98	98	impacted according to the plan; and three members representing the
99	99	public at large and selected by th e other committee members from a
100	100	list of seven names subm itted by the chairperson of the review
101	101	committee; provided, at least one of the members representing the
102	102	public at large shall be a r epresentative of the business community
103	103	in the city, town, or coun ty considering the proposed plan and
104	104	project, and if a pr oposed plan objective is development of
105	105	principally commercial retail, such representative shall be either a
106	106	retailer or a representa tive of a retail organization.
107	107	B. The review committee shall cons ider and make its findings
108	108	and recommendations to the gov erning body with respect to the
109	109	conditions establishing the eligibility of the proposed district.
110	110	The review committee recommendatio ns shall include the analysis used
111	111	to project revenues over the li fe of the project plan, the effect on
112	112	the taxing entities and the appropriateness of the approval of the
113	113	proposed plan and project. The review committee may recommend that
114	114	the project plan be approved, denied or approved subject to
115	115	conditions set forth by the committee.
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142	142	C. Prior to approval by the governing bo dy, the review
143	143	committee shall consider and det ermine whether the proposed plan and
144	144	project will have a financial impact on any taxin g jurisdiction and
145	145	business activities within the proposed distric t and shall report
146	146	its findings to the governing body. S uch considerations shall be
147	147	concurrent with or subsequent to the review and consideration of the
148	148	committee provided for in subsection B of this section. The
149	149	approval of any district plan or project by the governing body shall
150	150	address any findings of such impact by the review committee.
151	151	D. In the event of any changes in the area to be included in
152	152	the proposed district or any substantia l changes in the proposed
153	153	plan and project or for any other reason deemed appropriate by the
154	154	governing body, the review com mittee shall consider and may modify
155	155	its findings and recommendations made pursuant to the provisions of
156	156	subsection B of this section .
157	157	E. Approval of the proposed district or the proposed plan or
158	158	project by the governing body which is in accord with the
159	159	recommendation of the review committee shall be by a majority vote
160	160	of the governing body. Such approval which is not in accord with
161	161	the recommendations and/or conditions set forth by the review
162	162	committee shall be by a two -thirds (2/3) majority vote voters of the
163	163	applicable jurisdiction. If the district, plan or project is
164	164	sponsored by a county, the qu estion for creation of the district,
165	165	plan or project shall be submitted to a vote of the eligible voters
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192	192	of the county. If the district, plan or project is sponsored by a
193	193	city or town, the questio n for creation of the district , plan or
194	194	project shall be submitted to a vote of the eligible voters of t he
195	195	applicable city or town. No district, plan or project shall be
196	196	created or approved unless a majority of the eligible voters voting
197	197	on such question as provided by this subsection approve the creation
198	198	of the district.
199	199	F. Meetings of the revie w committee shall be subject to the
200	200	Oklahoma Open Meeting Act. Any information relating to the
201	201	marketing plans, financial statements, trade secrets or any other
202	202	proprietary information submitted to the review committee by a
203	203	person or entity seeking adopti on and approval of a proposed
204	204	district, plan or project shall be confidential, except to the
205	205	extent that the person or ent ity which provided the information
206	206	consents to disclosure. Executive sessions may be held to discuss
207	207	such information if deemed neces sary by the review committee.
208	208	SECTION 2. This act shall become effective November 1, 2023.
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210	210	59-1-5430 MAH 01/11/23

Oklahoma 2024 Regular Session

Oklahoma House Bill HB1379 Compare Versions