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3 | + | SENATE FLOOR VERSION - HB1090 SFLR Page 1 | |
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30 | + | March 23, 2021 | |
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33 | + | ENGROSSED HOUSE | |
3 | 34 | BILL NO. 1090 By: Kendrix, Roberts (Eric) and | |
4 | 35 | Burns of the House | |
5 | 36 | ||
6 | 37 | and | |
7 | 38 | ||
8 | 39 | Howard of the Senate | |
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14 | 45 | An Act relating to state government; amending 74 O.S. | |
15 | 46 | 2011, Section 213.2, as amended by Se ction 844, | |
16 | 47 | Chapter 304, O.S.L. 2012 (74 O.S. Supp. 2020, Section | |
17 | 48 | 213.2), which relates to performance audits; | |
18 | 49 | modifying provisions related to certain examinations | |
19 | 50 | by the State Auditor and Inspector; providing an | |
20 | 51 | effective date; and declaring an emergency. | |
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25 | - | SUBJECT: State government | |
26 | 56 | ||
27 | 57 | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | |
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29 | 58 | SECTION 1. AMENDATORY 74 O.S. 2011, Section 213.2, as | |
30 | 59 | amended by Section 844, Chapter 304, O.S.L. 2012 (74 O.S. Supp. | |
31 | 60 | 2020, Section 213.2), is amended to read as f ollows: | |
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33 | 61 | Section 213.2 A. There is hereby created in the Office of the | |
34 | 62 | State Auditor and Inspector a Performance Audit Division, subject to | |
35 | 63 | the discretion of the State Auditor and Inspector. An Assistant | |
36 | 64 | State Auditor and Inspector may be appointed to di rect the | |
37 | 65 | operations of the Division, subject to the s upervision and control | |
38 | 66 | of the State Auditor and Inspector at all times. | |
39 | 67 | ||
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40 | 94 | B. The State Auditor and Inspector, deputies and agents of the | |
41 | 95 | Performance Audit Division may examine all books and accounts of al l | |
42 | 96 | public officers, institutions and other governmenta l entities | |
43 | 97 | specified in Sections 212 through 227.9 of this title to instruct | |
44 | 98 | the proper officers thereof in the performance of their duties and | |
45 | 99 | to prescribe cost-effective methods of operating such gover nmental | |
46 | - | entities; provided, however,. Further, the State Auditor and | |
100 | + | entities; provided, however,. Further, the State Auditor and | |
47 | 101 | Inspector shall also perform the examinations authorized in this | |
48 | 102 | subsection upon receiving a written request to do so by the | |
49 | 103 | Governor, the chief executive officer of a governmental entit y or | |
50 | 104 | pursuant to a joint or concurrent resolution of the Legislature. A | |
51 | 105 | copy of the examination shall be given to the examined entity. A | |
52 | 106 | copy of any examination conducted pursuant to this subsection shall | |
53 | 107 | be submitted to the Governor, the Speaker of the House of | |
54 | 108 | Representatives, the President Pro Tempore o f the Senate, the | |
55 | 109 | appropriations and budget chairs of the House of Representatives and | |
56 | 110 | the Senate, and the Minority Leader of the House of Representatives | |
57 | 111 | and of the Senate. | |
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59 | 112 | C. The cost of the examinati ons authorized pursuant to | |
60 | 113 | subsection B of this secti on shall be borne by the examined agency | |
61 | 114 | in an amount not to exceed the actual costs of the examination. | |
62 | 115 | Prior to the start of such an examination, the State Auditor and | |
63 | 116 | Inspector shall prepare in writi ng and present to the affected state | |
64 | 117 | agency an estimate of the cost of the examination. If the estimate | |
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65 | 145 | requires revision, the State Auditor and Inspector shall notify the | |
66 | 146 | agency in a prompt manner. Except as otherwise provided, the State | |
67 | 147 | Auditor and Inspector shall recover its costs for the examination | |
68 | 148 | pursuant to monthly progress billings presented by the State Auditor | |
69 | 149 | and Inspector to the Office of Management and Enterprise Services | |
70 | 150 | detailing current monthly costs for each examination. In addition, | |
71 | 151 | the State Auditor and Inspector shall provide a copy of the billing | |
72 | 152 | to the affected state agency. The Office of Management and | |
73 | 153 | Enterprise Services may deduct the amounts billed from the next | |
74 | 154 | subsequent allotment for the corresponding state agency and transf er | |
75 | 155 | the funds to the State Auditor and Inspector Revol ving Fund. | |
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77 | 156 | D. The salaries and traveling expenses of the Assistant State | |
78 | 157 | Auditor and Inspector, deputies and agents of the Performance Audit | |
79 | 158 | Division and the costs of material, supplies and equipment fo r the | |
80 | 159 | Division shall be paid from funds made availabl e through | |
81 | 160 | appropriation by the Legislature. | |
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83 | 161 | E. The State Auditor and Inspector shall submit an annual | |
84 | 162 | report of the Performance Audit Division to the Governor, the | |
85 | 163 | President Pro Tempore of the Senate, t he Speaker of the House of | |
86 | 164 | Representatives, appropria tions and budget chairs of the House of | |
87 | 165 | Representatives and the Senate, and the Minority Leader of the | |
88 | 166 | Senate and of the House of Representatives. | |
167 | + | SECTION 2. This act shall become effective July 1, 2021. | |
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90 | - | SECTION 2. This act shall become effective July 1, 2021 . | |
91 | - | ENR. H. B. NO. 1090 Page 3 | |
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92 | 195 | SECTION 3. It being immediately necessary for the preservation | |
93 | 196 | of the public peace, health or safety, an emergency is hereby | |
94 | 197 | declared to exist, by reason whereof this act shall take effect and | |
95 | 198 | be in full force from and af ter its passage and approval. | |
96 | - | ENR. H. B. NO. 1090 Page 4 | |
97 | - | Passed the House of Representatives the 1st day of March, 2021. | |
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102 | - | Presiding Officer of the House | |
103 | - | of Representatives | |
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106 | - | Passed the Senate the 21st day of April, 2021. | |
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115 | - | OFFICE OF THE GOVERNOR | |
116 | - | Received by the Office of the Governor this ____________________ | |
117 | - | day of ___________________, 20_______, at _______ o'clock _______ M. | |
118 | - | By: _________________________________ | |
119 | - | Approved by the Governor of the State of Oklahoma this _________ | |
120 | - | day of ___________________, 20 _______, at _______ o'clock _______ M. | |
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123 | - | _________________________________ | |
124 | - | Governor of the State of Oklahoma | |
125 | - | ||
126 | - | OFFICE OF THE SECRETARY OF STATE | |
127 | - | Received by the Office of the Secretary of State this __________ | |
128 | - | day of ___________________, 20_______, at ____ ___ o'clock _______ M. | |
129 | - | By: _________________________________ | |
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199 | + | COMMITTEE REPORT BY: COMMITTEE ON FINANCE | |
200 | + | March 23, 2021 - DO PASS |