Oklahoma 2022 Regular Session

Oklahoma House Bill HB1090 Compare Versions

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30+March 23, 2021
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334 BILL NO. 1090 By: Kendrix, Roberts (Eric) and
435 Burns of the House
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637 and
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839 Howard of the Senate
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1445 An Act relating to state government; amending 74 O.S.
1546 2011, Section 213.2, as amended by Se ction 844,
1647 Chapter 304, O.S.L. 2012 (74 O.S. Supp. 2020, Section
1748 213.2), which relates to performance audits;
1849 modifying provisions related to certain examinations
1950 by the State Auditor and Inspector; providing an
2051 effective date; and declaring an emergency.
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25-SUBJECT: State government
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2757 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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2958 SECTION 1. AMENDATORY 74 O.S. 2011, Section 213.2, as
3059 amended by Section 844, Chapter 304, O.S.L. 2012 (74 O.S. Supp.
3160 2020, Section 213.2), is amended to read as f ollows:
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3361 Section 213.2 A. There is hereby created in the Office of the
3462 State Auditor and Inspector a Performance Audit Division, subject to
3563 the discretion of the State Auditor and Inspector. An Assistant
3664 State Auditor and Inspector may be appointed to di rect the
3765 operations of the Division, subject to the s upervision and control
3866 of the State Auditor and Inspector at all times.
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4094 B. The State Auditor and Inspector, deputies and agents of the
4195 Performance Audit Division may examine all books and accounts of al l
4296 public officers, institutions and other governmenta l entities
4397 specified in Sections 212 through 227.9 of this title to instruct
4498 the proper officers thereof in the performance of their duties and
4599 to prescribe cost-effective methods of operating such gover nmental
46-entities; provided, however,. Further, the State Auditor and ENR. H. B. NO. 1090 Page 2
100+entities; provided, however,. Further, the State Auditor and
47101 Inspector shall also perform the examinations authorized in this
48102 subsection upon receiving a written request to do so by the
49103 Governor, the chief executive officer of a governmental entit y or
50104 pursuant to a joint or concurrent resolution of the Legislature. A
51105 copy of the examination shall be given to the examined entity. A
52106 copy of any examination conducted pursuant to this subsection shall
53107 be submitted to the Governor, the Speaker of the House of
54108 Representatives, the President Pro Tempore o f the Senate, the
55109 appropriations and budget chairs of the House of Representatives and
56110 the Senate, and the Minority Leader of the House of Representatives
57111 and of the Senate.
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59112 C. The cost of the examinati ons authorized pursuant to
60113 subsection B of this secti on shall be borne by the examined agency
61114 in an amount not to exceed the actual costs of the examination.
62115 Prior to the start of such an examination, the State Auditor and
63116 Inspector shall prepare in writi ng and present to the affected state
64117 agency an estimate of the cost of the examination. If the estimate
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65145 requires revision, the State Auditor and Inspector shall notify the
66146 agency in a prompt manner. Except as otherwise provided, the State
67147 Auditor and Inspector shall recover its costs for the examination
68148 pursuant to monthly progress billings presented by the State Auditor
69149 and Inspector to the Office of Management and Enterprise Services
70150 detailing current monthly costs for each examination. In addition,
71151 the State Auditor and Inspector shall provide a copy of the billing
72152 to the affected state agency. The Office of Management and
73153 Enterprise Services may deduct the amounts billed from the next
74154 subsequent allotment for the corresponding state agency and transf er
75155 the funds to the State Auditor and Inspector Revol ving Fund.
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77156 D. The salaries and traveling expenses of the Assistant State
78157 Auditor and Inspector, deputies and agents of the Performance Audit
79158 Division and the costs of material, supplies and equipment fo r the
80159 Division shall be paid from funds made availabl e through
81160 appropriation by the Legislature.
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83161 E. The State Auditor and Inspector shall submit an annual
84162 report of the Performance Audit Division to the Governor, the
85163 President Pro Tempore of the Senate, t he Speaker of the House of
86164 Representatives, appropria tions and budget chairs of the House of
87165 Representatives and the Senate, and the Minority Leader of the
88166 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 .
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92195 SECTION 3. It being immediately necessary for the preservation
93196 of the public peace, health or safety, an emergency is hereby
94197 declared to exist, by reason whereof this act shall take effect and
95198 be in full force from and af ter its passage and approval.
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97-Passed the House of Representatives the 1st day of March, 2021.
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102- Presiding Officer of the House
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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
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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