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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 1379 By: Gann
AS INTRODUCED
An Act relating to public finance; amending 62 O.S.
2021, Section 855, which relates to the Local
Development Act; modifying procedures for approval of
certain district, plan or project; requiring
submission of question to voters of applicable
jurisdiction; requiring approval of district, plan or
project by majority vote; modif ying provisions
related to supermajority approval by governing board;
modifying provisions related to confidential
information; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 62 O.S. 2021, Section 855, is
amended to read as follows:
Section 855. A. Prior to the adoption an d approval of a
project plan and the ordinance or resolut ion required under Section
856 of this title an d prior to the public hearing required under
Section 859 of this title, the governing body shall appoint a review
committee to review and make a recomme ndation concerning the
proposed district, plan or project . The membership of the review
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committee shall consist of the following: a representative of the
governing body who shall serve as c hairperson; a representative of
the planning commission having jur isdiction over the proposed
district; a representative de signated by each taxing jurisdiction
within the proposed district whose ad valorem taxes might be
impacted according to the plan; and three members representing the
public at large and selected by th e other committee members from a
list of seven names subm itted by the chairperson of the review
committee; provided, at least one of the members representing the
public at large shall be a r epresentative of the business community
in the city, town, or coun ty considering the proposed plan and
project, and if a pr oposed plan objective is development of
principally commercial retail, such representative shall be either a
retailer or a representa tive of a retail organization.
B. The review committee shall cons ider and make its findings
and recommendations to the gov erning body with respect to the
conditions establishing the eligibility of the proposed district.
The review committee recommendatio ns shall include the analysis used
to project revenues over the li fe of the project plan, the effect on
the taxing entities and the appropriateness of the approval of the
proposed plan and project. The review committee may recommend that
the project plan be approved, denied or approved subject to
conditions set forth by the committee.
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C. Prior to approval by the governing bo dy, the review
committee shall consider and det ermine whether the proposed plan and
project will have a financial impact on any taxin g jurisdiction and
business activities within the proposed distric t and shall report
its findings to the governing body. S uch considerations shall be
concurrent with or subsequent to the review and consideration of the
committee provided for in subsection B of this section. The
approval of any district plan or project by the governing body shall
address any findings of such impact by the review committee.
D. In the event of any changes in the area to be included in
the proposed district or any substantia l changes in the proposed
plan and project or for any other reason deemed appropriate by the
governing body, the review com mittee shall consider and may modify
its findings and recommendations made pursuant to the provisions of
subsection B of this section .
E. Approval of the proposed district or the proposed plan or
project by the governing body which is in accord with the
recommendation of the review committee shall be by a majority vote
of the governing body. Such approval which is not in accord with
the recommendations and/or conditions set forth by the review
committee shall be by a two -thirds (2/3) majority vote voters of the
applicable jurisdiction. If the district, plan or project is
sponsored by a county, the qu estion for creation of the district,
plan or project shall be submitted to a vote of the eligible voters
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of the county. If the district, plan or project is sponsored by a
city or town, the questio n for creation of the district , plan or
project shall be submitted to a vote of the eligible voters of t he
applicable city or town. No district, plan or project shall be
created or approved unless a majority of the eligible voters voting
on such question as provided by this subsection approve the creation
of the district.
F. Meetings of the revie w committee shall be subject to the
Oklahoma Open Meeting Act. Any information relating to the
marketing plans, financial statements, trade secrets or any other
proprietary information submitted to the review committee by a
person or entity seeking adopti on and approval of a proposed
district, plan or project shall be confidential, except to the
extent that the person or ent ity which provided the information
consents to disclosure. Executive sessions may be held to discuss
such information if deemed neces sary by the review committee.
SECTION 2. This act shall become effective November 1, 2023.
59-1-5430 MAH 01/11/23