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SENATE FLOOR VERSION
February 29, 2024
SENATE BILL NO. 1618 By: Garvin of the Senate
and
Boles of the House
An Act relating to parking; creating the Municipal
Parking Benefit District Act; providing short title;
defining terms; allowing munic ipalities to create
parking benefit districts; providing process for
approval of parking benefit districts; enabling
municipalities to create advisory committee for
certain district; outlining membership requirements
and procedures of certain advisory comm ittee;
enabling municipalities to create certain special
fund; providing for the termination of certain
districts; clarifying cumulative authority; providing
for codification; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 32 -118 of Title 11, unless there
is created a duplication in numbering, reads as follows:
This act shall be known and may be cited as the “Municipal
Parking Benefit District Act ”.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 32 -119 of Title 11, unless there
is created a duplication in numbering, reads as follows:
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As used in this act:
1. “Governing body” shall mean the city council, city
commission, or board of trustees of an incorporated city or town ;
2. “Mail” shall mean first-class mail;
3. “Municipality” shall mean any incorporated city or town ; and
4. “Parking benefit district” shall mean a defined geographic
area in which a majority of the revenue generated from on-street
parking facilities within the district is used to finance
improvements within such distric t.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 32 -120 of Title 11, unless there
is created a duplication in numbering, reads as follows:
The governing body of any municipality in this state may create
one or more parking benefit districts for the purpose of permitting
advisory committees, provided for in Section 5 of this act, to
provide recommendations to and bring issues to the attention of the
municipality regarding the maintenance of the municipality’s parking
meter program within such districts.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 32 -121 of Title 11, unless there
is created a duplication in numbering, reads as follows:
A. The creation of a parking bene fit district shall be preceded
by notice and a public hearing. Such notice shall:
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1. Contain the time, date, and place of the meeting where the
governing body shall hold a hearing on the creation of such
district;
2. Describe the proposed boundaries of such district; and
3. State the proposed term of authorization for such district.
B. Not less than ten (10) days nor more than thirty (30) days
before the day of the hearing, the municipal clerk or designee
shall:
1. Mail the notice of the hearing on th e proposed parking
benefit district to the owners of the tracts or parcels of land to
be included in the district at each owner’s last-known address;
2. Publish the date, time, and place of the hearing in a
newspaper of general circulation in the municipa lity; and
3. Publish the date, time, and place of the hearing on a
website if the municipal governing body maintains an Internet
website.
Failure of an owner to receive such notice shall not invalidate
any of the proceedings authorized in this act.
C. At the hearing of the governing body on the creation of such
district, any interested resident of the municipality , or business
owner or resident of the proposed parking benefit district , may file
a written protest or objection questioning the propriety and
advisability of establishing the parking benefit district.
D. At the hearing, the governing body may:
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1. Correct any mistake or irregularity in any proceeding
relating to the parking benefit district;
2. Remove any tract or parcel of land, the inclusion of which
has been protested by the owner, from such district;
3. Add any tract or parcel of land adjacent to the proposed
boundaries of such district upon request of the owner;
4. Revise the proposed term of authorization for such district;
and
5. Approve or reject the establishment of such district.
E. Approval of the establishment of a parking benefit district
shall include the effective start date of the district and describe
the term of authorization for such district, and may include any
other terms and conditions not inconsistent with the laws of this
state.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 32 -122 of Title 11, unless th ere
is created a duplication in numbering, reads as follows:
A. For each parking benefit district established, an advisory
committee may be formed by resolution or ordinance to provide input
and make recommendations to the municipality on issues relating to
the maintenance of the parking meter program in the parking benefit
district including, but not limited to, potential projects to be
funded with revenue generated from the parking benefit district and
the timing and order of such projects. Regardless o f the
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establishment of an advisory committee, all aspects of a
municipality’s parking meter program shall be under the supervision
and control of the governing body of such municipality.
B. If an advisory committee is established, it shall consist of
not less than three and not more than seven people s erving without
compensation, to be appointed jointly by a majority of the members
of the governing body of the municipality. The term of office of
each of the members of the committee shall be fixed by the g overning
body; however, all members of the commi ttee shall serve staggered
terms. Immediately after their appointment, the members of the
committee shall meet and organize by electing one of their members
as chair, and such other offices as the committee may deem
necessary. The committee shall elect t he chair and any other
officers annually. Vacancies on the committee occurring otherwise
than by expiration of term of office shall be filled by the
presiding officer of the governing body of the municipalit y only for
the unexpired term of the member whos e vacancy is being filled. All
members of the committee shall either reside or own a business in
the area of the parking benefit district. A majority of the members
of the committee shall be business owners. Should a member of the
committee no longer re side or own a business in the parking benefit
district, that member ’s position shall become vacant. N o member of
the committee shall be an employee of the municipality.
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C. Notwithstanding the composition of an advisory committee,
the municipality may inc lude as nonvoting members of the committee
such municipal officials or employees as the municipality desires.
D. An advisory committee shall meet at the call of the
committee chair, provided that the committee shall meet at least
once a year during the du ration of the parking benefit district.
SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3 2-123 of Title 11, unless there
is created a duplica tion in numbering, reads as follows:
A. Starting on the effective date of a parking benefit
district, the governing body of a municipality may hold in a special
fund all revenue received by the municipality from the parking meter
program within such district.
B. Such funds may be used to pay the cost of any improvements
or repairs necessary for the maintenance of the parking meter
program within such district.
SECTION 7. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3 2-124 of Title 11, unless th ere
is created a duplication in numbering, reads as follows:
A. The governing body of any municipality may modify or
terminate any parking benefit districts within its jurisdiction,
with or without cause, by resolution or ordinance after providing
notice and a public hearing on the subject in the same manner as
required for the creation of such districts in this act.
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B. In the event a parking benefit district is terminated, any
fees and revenues generated fr om the use of parking meters in the
district being held for the maintenance of the parking meter program
within the district that have not been expended shall be released to
the municipality and no longer obligated to the terminated district.
SECTION 8. NEW LAW A new section of l aw to be codified
in the Oklahoma Statutes as Section 3 2-125 of Title 11, unless there
is created a duplication in numbering, reads as follows:
The authority granted by this act is cumulative to municipal
powers and does not limit the authority of a munici pality to
maintain or manage a parking meter program.
SECTION 9. This act shall become effective November 1, 2024.
COMMITTEE REPORT BY: COMMITTEE ON GENERAL GOVERNMENT
February 29, 2024 - DO PASS