Bill Number: OK51RSB 73 Filed: 01-04-2007
Author: Wilson
STATE OF OKLAHOMA
1 1st Session of the 51st Legislature (2007)
2 SENATE BILL 73 By: Wilson
3 AS INTRODUCED
4 An Act relating to the Grand River Dam Authority;
5 amending Section 3, Chapter 459, O.S.L. 2003, as
6 amended by Section 3, Chapter 524, O.S.L. 2004 (82
7 O.S. Supp. 2006, Section 863.2), which relates to the
8 Board of Directors; modifying membership of the
9 Board; stating requirements for appointment by the
10 Governor; providing terms; modifying necessary voting
11 requirements; and declaring an emergency.
12 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
13 SECTION 1. AMENDATORY Section 3, Chapter 459, O.S.L.
14 2003, as amended by Section 3, Chapter 524, O.S.L. 2004 (82 O.S.
15 Supp. 2006, Section 863.2), is amended to read as follows:
16 Section 863.2 A. The powers, rights and privileges and
17 functions of the Grand River Dam Authority, hereinafter referred to
18 as the district, shall be exercised by a [seven-member] nine-
19 member Board of Directors, to be appointed according to the
20 provisions of this section.
21 B. The Board shall have rulemaking authority pursuant to the
22 provisions of Section 861 et seq. of this title. By majority vote,
23 the Board shall have the authority to grant exemptions from any
24 rules not promulgated pursuant to the Administrative Procedures Act
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1 which deal with the waters of the Grand River and its tributaries.
2 The Board shall be responsible for approving business expenses of
3 the district necessary to carry out the business of the district.
4 It shall be the duty of the Board of Directors to oversee the
5 functions of the district and ensure the operations of the district
6 are in compliance with all applicable state laws and that expenses
7 of the district comply with state and federal guidelines for
8 business expense deductibility.
9 C. Members appointed to the Board or who serve as designees
10 shall be domiciled in the State of Oklahoma and shall have paid
11 state income taxes for a minimum of one (1) year prior to the date
12 of appointment.
13 D. No person shall be eligible to serve on the Board of
14 Directors if the person, during the three (3) years prior to the
15 appointment, has been employed by an investor-owned utility company,
16 or has held a federal, state or county office, elective or
17 appointive.
18 E. A member of the Board may be eligible to serve on the
19 Oklahoma Ordnance Works Authority Board of Trustees, if appointed to
20 that position by the Governor.
21 F. On July 1, 2003, or on the effective date of this act,
22 whichever occurs later, all positions of the current Board of
23 Directors shall be deemed vacant, and the new members of the Board
24 of Directors shall be appointed as follows:
25 1. The Governor shall appoint a director to represent the
26 industrial and commercial customers of the district;
27 2. The Governor shall appoint a director to represent
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1 economic development interests, lake enthusiasts and property
2 owners;
3 3. The Governor shall appoint an at-large director;
4 4. The President Pro-Tempore of the Oklahoma State Senate
5 shall appoint an at-large director;
6 5. The Speaker of the House of Representatives shall appoint
7 an at-large director;
8 6. The General Manager of the Oklahoma Association of
9 Electric Cooperatives, or designee, shall be a voting ex-officio
10 director; and
11 7. The Executive Director of the Municipal Electric Systems
12 of Oklahoma, or designee, shall be a voting ex-officio director.
13 G. No later than July 1, 2007, the Governor shall appoint
14 two additional directors to the Board. One director shall represent
15 the municipal customers of the district and one member shall
16 represent the electric cooperative customers of the district. The
17 directors appointed pursuant to this subsection shall serve seven-
18 year terms and shall otherwise be qualified pursuant to the
19 provisions of this section and shall comply with all requirements of
20 directors.
21 H. The initial term of office for the five directors
22 appointed pursuant to subsection F of this section shall be as
23 follows:
24 1. The at-large director appointed by the President Pro
25 Tempore of the Senate shall serve for a term of seven (7) years;
26 2. The at-large director appointed by the Speaker of the
27 House of Representatives shall serve for a term of six (6) years;
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1 3. The director appointed by the Governor representing
2 economic development interests, lake enthusiasts and property owners
3 shall serve for a term of five (5) years;
4 4. The director appointed by the Governor to represent
5 industrial and commercial customers shall serve for a term of four
6 (4) years; and
7 5. The at-large director appointed by the Governor shall
8 serve for a term of three (3) years.
9 [H.] I. A successor to a director of the Board shall be
10 appointed in the same manner as the original director and shall
11 serve a term of seven (7) years.
12 [I.] J. Any director appointed to fill a vacancy on the
13 Board occurring prior to the expiration of the term for which the
14 predecessor was appointed shall be appointed for the remainder of
15 such term.
16 [J.] K. No director shall be appointed to more than one
17 seven-year term; provided, however, a director may be appointed to
18 fill the unexpired portion of a term and shall be eligible for
19 reappointment to serve a full seven-year term.
20 [K.] L. Each director shall qualify by taking the official
21 oath of office prescribed by general statute.
22 [L.] M. Any person serving on the Board of Directors on
23 July 1, 2003, may serve on the Board as provided in this section if
24 they are so appointed or designated and such person is eligible to
25 serve under the provisions of this section.
26 [M.] N. Any director or designee may be removed for just
27 cause by the Governor.
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1 [N.] O. Each director shall be allowed actual and necessary
2 expenses incurred by such director for attending meetings of the
3 Board and authorized business of the district pursuant to the
4 provisions of the State Travel Reimbursement Act. No director shall
5 hold any other position of employment within the Grand River Dam
6 Authority at the same time such director is serving on the Board.
7 [O.] P. The time and place of the regular meetings and the
8 manner in which special meetings may be called shall be set forth in
9 the bylaws of the district. [Four] Five directors shall
10 constitute a quorum at any meeting, and, except as otherwise
11 provided in this act or in the bylaws, all action may be taken by
12 the affirmative vote of the majority of the Board present at any
13 such meeting, except that no contracts which involve an amount
14 greater than Fifty Thousand Dollars ($50,000.00), or which are to
15 run for a longer period than one (1) year, and no bonds, notes or
16 other evidence of indebtedness, and no amendment of the bylaws,
17 shall be valid unless authorized or ratified by the affirmative vote
18 of at least [four] five directors.
19 [P.] Q. At the first meeting of the Board following July 1,
20 2003, the members appointed pursuant to this section shall, by
21 majority vote, elect a chair and chair-elect who shall serve as the
22 vice-chair. The chair and the chair-elect shall serve a term of one
23 (1) year. Thereafter, the membership of the Board shall elect a
24 chair-elect, at the first meeting of each year and the previous
25 chair-elect shall assume the position of chair for the ensuing year.
26 A member may serve more than one term as chair or chair-elect during
27 their tenure on the Board, provided, however, they may only serve
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1 one term in any three-year period.
2 [Q.] R. The Asset Committee shall be chaired by the
3 director appointed to represent economic development interests, lake
4 enthusiasts and property owners. Other members of the Committee may
5 be selected by the Board.
6 [R.] S. The Board may appoint temporary or permanent
7 subcommittees which may include employees of the district or other
8 persons for any purpose it deems necessary or appropriate.
9 [S.] T. The Board is authorized to adopt or amend the
10 bylaws of the district as necessary to comply with the provisions of
11 this act.
12 [T.] U. For the purposes of Section 4254 of Title 74 of the
13 Oklahoma Statutes, the directors of this board, appointed pursuant
14 to this section, shall not be considered state officers or state
15 employees.
16 SECTION 2. It being immediately necessary for the
17 preservation of the public peace, health and safety, an emergency is
18 hereby declared to exist, by reason whereof this act shall take
19 effect and be in full force from and after its passage and approval.
20 51-1-327 MJM 1/11/2007 9:33:16 PM
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