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3 | + | ENGR. S. A. TO ENGR. H. B. NO. 1061 Page 1 1 | |
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28 | + | ENGROSSED SENATE AMENDMENT | |
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31 | + | BILL NO. 1061 By: Boles of the House | |
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35 | + | Paxton of the Senate | |
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40 | + | [ public finance - prohibiting certain funds in the | |
41 | + | Canceled Warrant Fund from being transferred into | |
42 | + | the General Revenue Fund - effective date ] | |
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45 | + | AMENDMENT NO. 1. Page 1 | |
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47 | + | Restore title | |
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49 | + | Passed the Senate the 12th day of April, 2021. | |
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53 | + | Presiding Officer of the Senate | |
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56 | + | Passed the House of Representatives the ____ day of __________, | |
57 | + | 2021. | |
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61 | + | Presiding Officer of the House | |
62 | + | of Representatives | |
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64 | + | ENGR. H. B. NO. 1061 Page 1 1 | |
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89 | + | ENGROSSED HOUSE | |
3 | 90 | BILL NO. 1061 By: Boles of the House | |
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7 | 94 | Paxton of the Senate | |
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13 | - | An Act relating to public finance; amending 62 O.S. | |
14 | - | 2011, Section 34.80, as amended by Section 400, | |
15 | - | Chapter 304, O.S.L. 2012 (62 O.S. Supp. 2020, Section | |
16 | - | 34.80), which relates to the Oklahoma State Finance | |
17 | - | Act; prohibiting certain funds in the Canceled | |
18 | - | Warrant Fund from being transferred into the General | |
19 | - | Revenue Fund; and providing an effective date. | |
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101 | + | [ public finance - prohibiting certain funds in the | |
102 | + | Canceled Warrant Fund from being transferred into | |
103 | + | the General Revenue Fund - effective date ] | |
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25 | - | SUBJECT: Public finance | |
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27 | 108 | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | |
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29 | 109 | SECTION 1. AMENDATORY 62 O.S. 2011, Section 34.80, as | |
30 | 110 | amended by Section 400, Chapter 304, O.S.L. 2012 (62 O.S. Supp. | |
31 | 111 | 2020, Section 34.80), is amended to read as follows: | |
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33 | 112 | Section 34.80 A. All warrants, checks or orders issued by the | |
34 | 113 | State Treasurer against claims submitted through the Office of | |
35 | 114 | Management and Enterprise Services in payment of obligations of the | |
36 | 115 | state which shall for any cause remain outstanding or unpaid for a | |
37 | 116 | period of ninety (90) days after funds are available for their | |
38 | 117 | payment shall be revoked and canceled. | |
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40 | 118 | B. Such warrants, checks or orders shall be entered into the | |
41 | 119 | records of the Office of Management and Enterprise Services and the | |
42 | 120 | State Treasurer and the admi nistrative head of the agency certifying | |
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43 | 147 | the claim for payment shall be notified that such items have been | |
44 | 148 | canceled. | |
45 | - | ENR. H. B. NO. 1061 Page 2 | |
46 | 149 | C. If, for any reason, a warrant should not be issued to | |
47 | 150 | replace a warrant canceled pursuant to the provisions of this | |
48 | 151 | section, the administrative head of the agency originally certifying | |
49 | 152 | the claim for payment shall, within seven (7) days after | |
50 | 153 | notification of the cancellation, advise the Director of the Office | |
51 | 154 | of Management and Enterprise Services that a reissue should not be | |
52 | 155 | made. | |
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54 | 156 | D. Notwithstanding the provisions of subsection B of this | |
55 | 157 | section, warrants issued or caused to be issued by the Department of | |
56 | 158 | Human Services for public assistance or medical assistance may be | |
57 | 159 | reissued at any time within three (3) years after cancellation upon | |
58 | 160 | submission of the canceled warrants to the Department. | |
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60 | 161 | E. No canceled warrants shall be paid, except that the holder | |
61 | 162 | of any warrant that may have been canceled pursuant to the | |
62 | 163 | provisions of this section may, within thirty -six (36) months | |
63 | 164 | following the month in which the warrant was canceled, present the | |
64 | 165 | warrant or an affidavit of loss or destruction , and a request for | |
65 | 166 | reissuance to the Director of the Office of Management and | |
66 | 167 | Enterprise Services. | |
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68 | 168 | F. The Director of the Office of Management and Enterprise | |
69 | 169 | Services shall certify a claim as needed for payment of those | |
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70 | 196 | verified unpaid requests presented, unless the certifying agency has | |
71 | 197 | advised that a reissuance should not be made. | |
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73 | 198 | G. 1. There is hereby created in the State Treasury a fund to | |
74 | 199 | be known as the Canceled Warrant Fund. | |
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76 | 200 | 2. The Director of the Office of Management and Enterprise | |
77 | 201 | Services shall transfer to the Canceled Warrant Fund the total of | |
78 | 202 | the payable amounts of the warrants canceled pursuant to the | |
79 | 203 | provisions of this section from the funds and a ccounts against which | |
80 | 204 | the canceled warrants had been drawn. | |
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82 | 205 | 3. The Office of Management and Enterprise Services shall | |
83 | 206 | disburse from the fund such amounts as necessary to pay warrants | |
84 | 207 | reissued as provided in this section. | |
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86 | 208 | 4. These expenditures shall remai n recorded in the funds and | |
87 | 209 | accounts against which the original canceled warrants were issued | |
88 | 210 | and they shall not be considered expenses of the state nor shall | |
89 | 211 | receipts to the fund be considered revenue to the state. | |
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91 | 212 | 5. Any such claim drawn against the Can celed Warrant Fund shall | |
92 | 213 | identify the current holder of record and the warrant number of the | |
93 | 214 | canceled warrant, which shall be provided on the warrant record. | |
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95 | 215 | H. The Director of the Office of Management and Enterprise | |
96 | 216 | Services shall determine the minimum n ecessary balance to be | |
97 | 217 | maintained in the Canceled Warrant Fund and on the third Monday of | |
98 | 218 | October shall transfer the amount in excess of the required minimum | |
99 | 219 | balance to the General Revenue Fund of the current year. The | |
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100 | 246 | minimum balance retained shall be no t less than the total amount of | |
101 | 247 | the warrants canceled by statute within the past thirty -six (36) | |
102 | 248 | months preceding October 1 of each year and which remain eligible | |
103 | 249 | for replacement according to the records of the Office of Management | |
104 | 250 | and Enterprise Services. Provided, funds in the Canceled Warrant | |
105 | 251 | Fund due to the cancellation of warrants from the Crime Victims | |
106 | 252 | Compensation Fund shall be transferred to the Crime Victims | |
107 | 253 | Compensation Fund and not to the General Revenue Fund. | |
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109 | 254 | SECTION 2. This act shall become effective November 1, 2021. | |
110 | - | ENR. H. B. NO. 1061 Page 4 | |
111 | - | Passed the House of Representatives the 27th day of April, 2021. | |
255 | + | Passed the House of Representatives the 2nd day of March, 2021. | |
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116 | 260 | Presiding Officer of the House | |
117 | 261 | of Representatives | |
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120 | - | Passed the Senate the | |
264 | + | Passed the Senate the ___ day of __________, 2021. | |
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125 | 269 | Presiding Officer of the Senate | |
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129 | - | OFFICE OF THE GOVERN OR | |
130 | - | Received by the Office of the Governor this ____________________ | |
131 | - | day of ___________________, 20_______, at _______ o'clock _______ M. | |
132 | - | By: _________________________________ | |
133 | - | Approved by the Governor of the State of Oklahoma this _________ | |
134 | - | day of ___________________, 20_______, at _______ o'clock _______ M. | |
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137 | - | _________________________________ | |
138 | - | Governor of the State of Oklahoma | |
139 | - | ||
140 | - | OFFICE OF THE SECRETARY OF STATE | |
141 | - | Received by the Office of the Secretary of State this __________ | |
142 | - | day of ___________________, 20__ _____, at _______ o'clock _______ M. | |
143 | - | By: _________________________________ | |
144 | - |