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28	28	STATE OF OKLAHOMA
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30	30	1st Session of the 58th Legislature (2021)
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32	32	HOUSE BILL 1744 By: Gann
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38	38	AS INTRODUCED
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40	40	An Act relating to the Ethics Commission; providing
41	41	revolving fund for online filing, reports, and
42	42	technology reports; providing for submis sion of
43	43	budget; requiring annual appropriation be made
44	44	separately; amending 74 O.S. 2011, Section 4258, as
45	45	last amended by Section 1, Chapter 440, O.S.L. 2019
46	46	(74 O.S. Supp. 2020, Section 4258), which relates to
47	47	the Ethics Commission Fund; removing limit o n fund;
48	48	providing an effective date; and declaring an
49	49	emergency.
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54	54	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
55	55	SECTION 1. NEW LAW A new section of law to be codified
56	56	in the Oklahoma Statutes as Section 4528.2 of Title 74, unless there
57	57	is created a duplication in numbering, reads as follows:
58	58	There is hereby created in the State Treasury a revolving fund
59	59	for the Ethics Commission to be designated the "Ethics Commission
60	60	Online Filing Revolving Fund ". The fund shall be a continuing fund,
61	61	not subject to fiscal year limitations, and shall consist of all
62	62	funds appropriated by the Legislature to the fund and all fees
63	63	collected by the Commission for registration and administration fees
64	64	for the purposes of using the Commissio n's online filing system and
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91	91	the Commission's administration of the online filing system. All
92	92	monies accruing to the credit of the fund are hereby appropriated
93	93	and may be budgeted and expended by the Commission for any expense
94	94	incurred by the Commission f or the purpose of developing,
95	95	maintaining, and administering the Commission 's information
96	96	technology and online filing system.
97	97	SECTION 2. NEW LAW A new section of law to be codified
98	98	in the Oklahoma Statutes as Section 4258.3 of Title 74, unless there
99	99	is created a duplication in numbering, reads as follows:
100	100	A. Section 2 of Article XXIX of the Oklahoma Constitution
101	101	requires the Commission receive an annual appropriation sufficient
102	102	to enable it to perform its duties, for the return of appropriated
103	103	funds which remain unspent at the end of the fiscal year to the
104	104	General Revenue Fund, and requires the Commission to present its
105	105	proposed budget to the Governor and Legislature on the second day of
106	106	each legislative session.
107	107	B. Accordingly, due to these specific constitutional
108	108	requirements provided within the Constitution, the Ethics Commission
109	109	shall present its budget to the Governor and Legislature on the
110	110	second day of each legislative session as provided in the
111	111	Constitution and not pursuant to the budget request procedures
112	112	established in Section 34.42 of Title 62 of the Oklahoma Statutes .
113	113	C. The Commission shall provide as part of its budget provided
114	114	to the Governor and Legislature:
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141	141	1. Funding necessary to fulfill its Cons titutional
142	142	responsibilities;
143	143	2. Funding necessary to fulfill its responsibilities assigned
144	144	pursuant to Section 4 (B) of Article XXIX of the Oklahoma
145	145	Constitution; and
146	146	3. Description of amounts collected in the prior year for each
147	147	revolving fund and current balance.
148	148	D. Due to the specific requirements and limitations of the
149	149	Ethics Commission funding in Article XXIX of the Constitution, the
150	150	Ethics Commission's annual appropriation shall not be included in
151	151	the General Appropriations bill, but shall be a separate
152	152	appropriations bill specific to the Commission.
153	153	SECTION 3. AMENDATORY 74 O.S. 2011, Section 4258, as
154	154	last amended by Section 1, Chapter 440, O.S.L. 2019 (74 O.S. Supp.
155	155	2020, Section 4258), is amended to read as follows:
156	156	Section 4258. A. There is hereby created in the State Treasury
157	157	a revolving fund for the Ethics Commission to be designated the
158	158	"Ethics Commission Fund". The Ethics Commission Fund shall be a
159	159	continuing fund, not subject to fiscal year limitations and shall
160	160	consist of the first One Hundred Fifty Thousand Dollars
161	161	($150,000.00) of fees, other than those collected and deposited into
162	162	the Ethics Commission Online Filing Revolving Fund, received by the
163	163	Commission each fiscal year. Fees collected each fiscal year in
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190	190	excess of One Hundred Fifty Thousand Dollars ($150,000.00) shall be
191	191	placed to the credit of the General Revenue Fund.
192	192	B. All monies accruing to the credit of the Ethics Commission
193	193	Fund are hereby appropriated and may be budgeted and expended by the
194	194	Commission for any expe nses incurred in the implementation of its
195	195	duties as provided by law. Expenditures from the fund shall be made
196	196	upon warrants issued by the State Treasurer against claims filed as
197	197	prescribed by law with the Director of the Office of Management and
198	198	Enterprise Services for approval and payment .
199	199	SECTION 4. This act shall become effective July 1, 2021.
200	200	SECTION 5. It being immediately necessary for the preservation
201	201	of the public peace, health or safety, an emergency is hereby
202	202	declared to exist, by reason whereof this act shall take effect and
203	203	be in full force from and after its passage and approval.
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205	205	58-1-5794 LRB 01/05/21

Oklahoma 2022 Regular Session

Oklahoma House Bill HB1744 Compare Versions