STATE OF OKLAHOMA

2nd Session of the 54th Legislature (2014)

HOUSE BILL 2336	By:	Glenn

AS INTRODUCED

An Act relating to state government; amending 74 O.S. 2011, Section 1004, which relates to the Interlocal Cooperation Act; modifying exceptions to authorized agreements; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     74 O.S. 2011, Section 1004, is amended to read as follows:
Section 1004.  A.  Any power or powers, privileges or authority exercised or capable of exercise by a public agency of this state may be exercised and enjoyed jointly with any other public agency of this state, and jointly with any public agency of any other state or of the United States to the extent that laws of such other state or of the United States permit such joint exercise or enjoyment.  Any agency of the state government when acting jointly with any public agency may exercise and enjoy all of the powers, privileges and authority conferred by this act upon a public agency.
B.  Any two or more public agencies may enter into agreements with one another for joint or cooperative action pursuant to the provisions of this act.  Appropriate action by ordinance, resolution or otherwise pursuant to law of the governing bodies of the participating public agencies shall be necessary before any such agreement may enter into force.
C.  Any such agreement shall specify the following:
1.  Its duration;
2.  The precise organization, composition and nature of any separate legal or administrative entity created thereby together with the powers delegated thereto, provided such entity may be legally created;
3.  Its purpose or purposes;
4.  The manner of financing the joint or cooperative undertaking and of establishing and maintaining a budget therefor;
5.  The permissible method or methods to be employed in accomplishing the partial or complete termination of the agreement and for disposing of property upon such partial or complete termination; and
6.  Any other necessary and proper matters.
D.  In the event that the agreement does not establish a separate legal entity to conduct the joint or cooperative undertaking, the agreement shall, in addition to paragraphs 1, 3, 4, 5 and 6 set forth in subsection C of this section, contain the following:
1.  Provisions for an administrator or a joint board responsible for administering the joint or cooperative undertaking.  In the case of a joint board, public agencies party to the agreement shall be represented; and
2.  The manner of acquiring, holding and disposing of real and personal property used in the joint or cooperative undertaking.
E.  No agreement made pursuant to this act shall relieve any public agency of any obligation or responsibility imposed upon it by law except that, to the extent of actual and timely performance thereof by a joint board or other legal or administrative entity created by an agreement made hereunder, the performance may be offered in satisfaction of the obligation or responsibility.
F.  Every agreement made hereunder, except those agreements authorized by Section 36-113 of Title 11, Section 339 of Title 19, or Section 601 of Title 69 of the Oklahoma Statutes which shall be approved by the district attorney, shall, prior to and as a condition precedent to its entry into force, be submitted to the Attorney General who shall determine whether the agreement is in proper form and compatible with the laws of this state, including any agreements entered into pursuant to the provisions of the Oklahoma Community Economic Development Pooled Finance Act.  The Attorney General shall approve any agreement submitted to the Attorney General hereunder unless the Attorney General shall find that it does not meet the conditions set forth herein and shall detail in writing addressed to the governing bodies of the public agencies concerned the specific respects in which the proposed agreement fails to meet the requirements of law.  Failure to disapprove an agreement submitted hereunder within sixty (60) days of its submission shall constitute approval thereof.
G.  Financing of joint projects by agreements shall be as provided by law, including any agreements entered into pursuant to the provisions of the Oklahoma Community Economic Development Pooled Finance Act.
SECTION 2.  This act shall become effective November 1, 2014.

54-2-8338	LRB	11/14/13