Oklahoma 2025 Regular Session

Oklahoma Senate Bill SB484 Compare Versions

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3		-	ENGR. S. B. NO. 484 Page 1 1
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28		-	ENGROSSED SENATE
29		-	BILL NO. 484 By: Standridge, Hamilton,
30		-	Bergstrom, Prieto,
31		-	Gillespie, and Jett of the
32		-	Senate
	29	+	SENATE FLOOR VERSION
	30	+	February 25, 2025
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34		-	and
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36		-	West (Kevin) of the House
	33	+	COMMITTEE SUBSTITUTE
	34	+	FOR
	35	+	SENATE BILL NO. 484 By: Standridge and Hamilton
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42	41		An Act relating to municipalities; defining terms;
43		-	prohibiting approval of ~~certain facility within~~
44		-	certain ~~locations~~; providing ~~certain exceptions;~~
45		-	clarifying intent; providing for ~~codification; and~~
46		-	declaring an emergency.
	42	+	requiring certain notice; prohibiting approval of
	43	+	certain facility within certain loca tions; providing
	44	+	certain exceptions; clarifying intent; providing for
	45	+	codification; and declaring an emergency .
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52	51		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
53	52		SECTION 1. NEW LAW A new section of law to be codified
54	53		in the Oklahoma Statutes as Section 43-116 of Title 11, unless there
55	54		is created a duplication in numbering, reads as follows:
56	55		A. As used in this section:
57	56		1. “Domestic violence shelter ” means a facility providing
58	57		temporary housing and services for domestic viol ence victims;
59	58		2. “Domestic violence victim ” means any person who:
60	59		a. does not have access to normal accommodat ions as a
61	60		result of violence or the threat of violence from a
62	61		cohabitant, and
	62	+	b. otherwise meets the definition of a homeless person,
	63	+	as provided in paragraph 4 of this subsection;
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89		-	b. otherwise meets the definition of a homeless person,
90		-	as provided in paragraph 4 of this subsection;
91	91		3. “Entity” means any individual, corporation, company, firm,
92	92		partnership, association, trust, state agency, government
93	93		instrumentality or agency, institution, county, incorporated
94	94		municipality, municipal authority, tru st in which any governmental
95	95		entity is a beneficiary, venture, or other legal entity however
96	96		organized;
97	97		4. “Homeless person” means any person who:
98	98		a. lacks a fixed, regular, and adequate nighttime
99	99		residence,
100	100		b. has as a primary nighttime residence a publi cly or
101	101		privately operated shelter designed to provide
102	102		temporary living accommodations, or
103	103		c. has as a primary nighttime residence a public or
104	104		private place not designed for, or ordinarily used as,
105	105		regular sleeping accommodation s for a human being;
106	106		5. “Homeless shelter” means a facility providing temporary
107	107		housing and services for homeless persons;
108	108		6. “Unaccompanied minor” means any minor who:
109	109		a. is not in the physical custody of a parent or
110	110		guardian, and
111	111		b. otherwise meets the definition of a homeless per son,
112	112		as provided in paragraph 4 of this subsection; and
	113	+	7. “Youth shelter” means a facility providing temporary housing
	114	+	and services for unaccompanied minors and includes, but is not
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139		-	7. “Youth shelter” means a facility providing temporary housing
140		-	and services for unaccompanied minors and includes, but is not
141	142		limited to, any such facility licensed or operated by the Department
142	143		of Human Services or the Office of Juvenile Affairs as a group home,
143	144		child care facility, or children ’s shelter.
144		-	B. The municipal governing body, municipal zoning commission,
145		-	or any other such body with zoning authority of the municipality
146		-	where the proposed homeless shelter is located, provided the
147		-	municipality has a population of less than three hundred thousand
148		-	(300,000) according to the latest Federal Decennial Census , shall
149		-	not approve any proposed homeless shelter if such shelter would be
150		-	located within three thousand (3,000) feet of any school or school
151		-	property.
152		-	C. Any homeless shelter that was properly zoned and approved at
153		-	its location on the effective date of this act shall be permitted to
154		-	continue operating and not be subject to re location or closure. If
155		-	any school or school property is established within three thousand
156		-	(3,000) feet of any homeless shelter after such homeless shelter has
157		-	been properly zoned and approved, the provisions of this section
158		-	shall not be a cause for the revocation or closure of such homeless
159		-	shelter. Any change of use from a homeless shelter at a location
160		-	that was properly zoned and approved on the effective date of this
161		-	act shall subject such location to the provisions of this act .
	145	+	B. In order to preserve public safety, the entity proposing any
	146	+	zoning request to change or allow for the creation of a homeless
	147	+	shelter in a municipality of this state with a population less than
	148	+	three hundred thousand (300,000) according to the latest Federal
	149	+	Decennial Census, in addition to the notice and public hearing
	150	+	requirements provided for in Section 43 -104 of Title 11 of the
	151	+	Oklahoma Statutes, shall mail a written notice by regular first -
	152	+	class mail within thirty (30) days of the hearing to all rea l
	153	+	property owners at their last known address within one thousand
	154	+	(1,000) feet of the proposed location of the homeless shelter, and
	155	+	shall be responsible for all costs incurred in mailing this notice.
	156	+	The notice shall contain the:
	157	+	1. Legal description of the proposed property and the street
	158	+	address or approximate location within the municipality;
	159	+	2. Existing zoning requirements of the property a nd the
	160	+	description of the change of zoning sought by the applicant; and
	161	+	3. Date, time, and place of the public hearing.
	162	+	In addition to the written notice requirements, notice of the
	163	+	hearing shall be posted on the affected property at least twenty
	164	+	(20) days before the date of the hearing.
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163		-	ENGR. S. B. NO. 484 Page 4 1
	166	+	SENATE FLOOR VERSION - SB484 SFLR Page 4
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188		-	D. The provisions of this secti on shall not be construed to
189		-	apply to domestic violence shelters or youth shelters or to a
190		-	homeless shelter operated within a place of worship .
	192	+	C. The municipal governing body, municipal zoning commission,
	193	+	or any other such body with zoning authority of the municipality
	194	+	where the proposed homeless shelter is located, provided the
	195	+	municipality meets the population requirements in subsection B of
	196	+	this section, shall not approve any proposed homeless shelter if
	197	+	such shelter would be located within three thousand (3,000) feet of
	198	+	any school, school property, public library, municipal park, child
	199	+	or adult day care facility, or prekindergarten facility.
	200	+	D. Any homeless shelter that was properly zoned and approved at
	201	+	its location on the effective date of this act shall be permitted to
	202	+	continue operating and not be subject to re location or closure. If
	203	+	any school, school p roperty, public library, municipal park, child
	204	+	or adult day care facility, or prekindergarten facility is
	205	+	established within three thousand (3,000) feet of any homeless
	206	+	shelter after such homeless shelter has been properly zoned and
	207	+	approved, the provision s of this section shall not be a cause for
	208	+	the revocation or closure of such homeless shelter. Any change of
	209	+	use from a homeless shelter at a location that was properly zoned
	210	+	and approved on the effective date of this act shall subject such
	211	+	location to the provisions of this act .
	212	+	E. The provisions of this section shall not be construed to
	213	+	apply to domestic violen ce shelters or youth shelters.
191	214		SECTION 2. It being immediately necessary for the preservation
192	215		of the public peace, health or saf ety, an emergency is hereby
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193	243		declared to exist, by reason whereof this act shall take effect and
194	244		be in full force from and after its passage and approval.
195		-	Passed the Senate the 25th day of March, 2025.
196		-
197		-
198		-
199		-	Presiding Officer of the Senate
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202		-	Passed the House of Representatives the ____ day of __________,
203		-	2025.
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207		-	Presiding Officer of the House
208		-	of Representatives
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	245	+	COMMITTEE REPORT BY: COMMITTEE ON LOCAL AND COUNTY GOVERNMENT
	246	+	February 25, 2025 - DO PASS AS AMENDED B Y CS