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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
HOUSE BILL 1744 By: Gann
AS INTRODUCED
An Act relating to the Ethics Commission; providing
revolving fund for online filing, reports, and
technology reports; providing for submis sion of
budget; requiring annual appropriation be made
separately; amending 74 O.S. 2011, Section 4258, as
last amended by Section 1, Chapter 440, O.S.L. 2019
(74 O.S. Supp. 2020, Section 4258), which relates to
the Ethics Commission Fund; removing limit o n fund;
providing an effective date; and declaring an
emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 4528.2 of Title 74, unless there
is created a duplication in numbering, reads as follows:
There is hereby created in the State Treasury a revolving fund
for the Ethics Commission to be designated the "Ethics Commission
Online Filing Revolving Fund ". The fund shall be a continuing fund,
not subject to fiscal year limitations, and shall consist of all
funds appropriated by the Legislature to the fund and all fees
collected by the Commission for registration and administration fees
for the purposes of using the Commissio n's online filing system and
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the Commission's administration of the online filing system. All
monies accruing to the credit of the fund are hereby appropriated
and may be budgeted and expended by the Commission for any expense
incurred by the Commission f or the purpose of developing,
maintaining, and administering the Commission 's information
technology and online filing system.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 4258.3 of Title 74, unless there
is created a duplication in numbering, reads as follows:
A. Section 2 of Article XXIX of the Oklahoma Constitution
requires the Commission receive an annual appropriation sufficient
to enable it to perform its duties, for the return of appropriated
funds which remain unspent at the end of the fiscal year to the
General Revenue Fund, and requires the Commission to present its
proposed budget to the Governor and Legislature on the second day of
each legislative session.
B. Accordingly, due to these specific constitutional
requirements provided within the Constitution, the Ethics Commission
shall present its budget to the Governor and Legislature on the
second day of each legislative session as provided in the
Constitution and not pursuant to the budget request procedures
established in Section 34.42 of Title 62 of the Oklahoma Statutes .
C. The Commission shall provide as part of its budget provided
to the Governor and Legislature:
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1. Funding necessary to fulfill its Cons titutional
responsibilities;
2. Funding necessary to fulfill its responsibilities assigned
pursuant to Section 4 (B) of Article XXIX of the Oklahoma
Constitution; and
3. Description of amounts collected in the prior year for each
revolving fund and current balance.
D. Due to the specific requirements and limitations of the
Ethics Commission funding in Article XXIX of the Constitution, the
Ethics Commission's annual appropriation shall not be included in
the General Appropriations bill, but shall be a separate
appropriations bill specific to the Commission.
SECTION 3. AMENDATORY 74 O.S. 2011, Section 4258, as
last amended by Section 1, Chapter 440, O.S.L. 2019 (74 O.S. Supp.
2020, Section 4258), is amended to read as follows:
Section 4258. A. There is hereby created in the State Treasury
a revolving fund for the Ethics Commission to be designated the
"Ethics Commission Fund". The Ethics Commission Fund shall be a
continuing fund, not subject to fiscal year limitations and shall
consist of the first One Hundred Fifty Thousand Dollars
($150,000.00) of fees, other than those collected and deposited into
the Ethics Commission Online Filing Revolving Fund, received by the
Commission each fiscal year. Fees collected each fiscal year in
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excess of One Hundred Fifty Thousand Dollars ($150,000.00) shall be
placed to the credit of the General Revenue Fund.
B. All monies accruing to the credit of the Ethics Commission
Fund are hereby appropriated and may be budgeted and expended by the
Commission for any expe nses incurred in the implementation of its
duties as provided by law. Expenditures from the fund shall be made
upon warrants issued by the State Treasurer against claims filed as
prescribed by law with the Director of the Office of Management and
Enterprise Services for approval and payment .
SECTION 4. This act shall become effective July 1, 2021.
SECTION 5. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
58-1-5794 LRB 01/05/21