ENROLLED HOUSE
BILL NO. 3054	By:	Benge and Sherrer of the House

			and

		Mazzei, Adelson, Ivester and Marlatt of the Senate

An Act relating to cities and towns; creating the Municipal Fiscal Impact Act; defining term; requiring fiscal impact statement for certain bills; 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 17-301 of Title 11, unless there is created a duplication in numbering, reads as follows:

A.  This section shall be known and may be cited as the “Municipal Fiscal Impact Act”.

B.  As used in this section, “direct adverse fiscal impact” means the cost in dollars to a municipality in this state of a statute which imposes a mandate for the new or additional application of municipal resources or reduces existing municipal resources without providing revenue which would fully fund the mandate.  Municipal resources may include, but are not limited to: law enforcement, fire protection, health and medical services, power and water services, streets, bridges or highways and recreational services.

C.  A fiscal impact statement shall be required for any bill or resolution which is determined by the chair of the legislative committee to which the bill or resolution is assigned to have a potential direct adverse fiscal impact on municipalities in this state.  The impact statement shall identify the estimated amount of the fiscal impact and any source of federal, state or local revenue that will be used to fund the proposed mandate.  If the chair of the committee to which the bill or resolution is assigned determines that the bill or resolution, or a proposed amendment, is subject to the provisions of this section, the chair shall:

1.  Request the preparation of a fiscal impact statement prior to placing the bill, resolution or amendment on the agenda to be considered at a meeting of the committee;

2.  Provide notice to the principal author of the bill, resolution or amendment regarding the determination; and

3.  Make the fiscal impact statement available, on and after the date of the committee meeting during which the bill or resolution is considered, to the author, members of the committee considering the bill or resolution and any other party requesting information.

D.  No bill, resolution or amendment determined to have a direct adverse fiscal impact on municipalities in excess of One Hundred Thousand Dollars ($100,000.00) statewide shall be reported out of the committee to which it is assigned, or in the case of a floor amendment, shall be acted upon by the relevant house, unless a fiscal impact statement of the bill is made.

E.  Any bill, resolution or amendment determined to have a direct adverse fiscal impact on municipalities in excess of One Hundred Thousand Dollars ($100,000.00) statewide for which an emergency clause has not received required approval pursuant to Section 58 of Article V of the Oklahoma Constitution shall not go into effect until July 1 of the following calendar year.

SECTION 2.  This act shall become effective November 1, 2010.

Passed the House of Representatives the 26th day of May, 2010.

	
Presiding Officer of the House of
	Representatives

Passed the Senate the 27th day of May, 2010.

	
Presiding Officer of the Senate