Oklahoma § 74-5403 - Retention and expansion of military installations –

§ 74-5403. Retention and expansion of military installations –

Oklahoma Strategic Military Planning Commission Incentive Fund.

A. The Legislature finds that the five military installations

in this state, Tinker Air Force Base, Vance Air Force Base, Altus

Air Force Base, Fort Sill Army Post and the McAlester Army

Ammunition Plant, are vital to the economic health of Oklahoma

businesses and communities and an integral and important part of the

state economy. It is therefore in the state interest that these

installations not only be retained but if possible, be expanded from

their current substantial workforces.

B. There is hereby established a fund within the State Treasury

for the Department of Commerce to be known as the “Oklahoma

Strategic Military Planning Commission Incentive Fund”. The fund

shall consist of all monies deposited into the fund by law. The

fund shall be a continuing fund not subject to fiscal year

limitations. Monies in the fund shall be distributed by the

Department to voluntary associations of Oklahoma local governmental

jurisdictions or other legal entities which perform functions for

the benefit of or which exist for the primary benefit of Oklahoma

local governmental entities, for distribution to eligible local

governments, as approved by the Oklahoma Strategic Military Planning

Commission.

C. In order for an entity to be eligible to obtain funds from

the Oklahoma Strategic Military Planning Commission Incentive Fund,

a local governmental entity shall be required to:

1. Demonstrate that it would be affected by realignment or

closure of a military installation specified in subsection A of this

section; and

2. Develop a plan, and file it and have it approved by the

Oklahoma Strategic Military Planning Commission, to expend funds

from local sources, matched in whole or in part with monies in the

Oklahoma Statutes - Title 74. State Government

fund, for public projects necessary to protect the interests of the

entity and its residents with respect to realignment or closure of

the military installation.

D. In order to be filed with and approved by the Commission,

the plan shall have first been approved by an affirmative vote of

two-thirds (2/3) of the members of the governing board of the local

governmental entity. The vote shall be memorialized in a document,

executed under oath, that states that the record of the vote is a

true and accurate account of the proceedings conducted by the

governing board to be filed with the Department.

E. Any entity which qualifies for funds pursuant to this

section shall be required to provide matching funds or to provide

equivalent value in order to obtain available funds or funds for

planning expenditures. No funds available pursuant to the

provisions of this section shall be used to pay any administrative

expenses of the entity requesting the funds. The Department shall

monitor expenditures made pursuant to this section to ensure

compliance with the provisions of this section. Misuse of funds by

an entity shall disqualify the entity from further funding for a

period of one (1) year from the date as of which any report by the

Department is issued revealing a violation of the requirements of

this section.

F. An entity which violates the provisions of this section

shall be liable to the State of Oklahoma for treble the amount of

funds identified as having been impermissibly used for the payment

or reimbursement of administrative expenses. The payment shall be

made to the Department for deposit in the Oklahoma Strategic

Military Planning Commission Incentive Fund and such funds shall

become available for distribution as otherwise provided by this

section; provided, no such funds shall be paid to an entity which

has been required to make the treble damage payment.

G. The expenditures from the Oklahoma Strategic Military

Planning Commission Incentive Fund, made in accordance with the

requirements of this section, shall be construed as an expenditure

of public funds in furtherance of governmental functions and for the

purpose of conferring general and uniform benefits resulting from

the expenditures.

Added by Laws 2003, c. 402, § 1, eff. July 1, 2003.