Oklahoma 2022 Regular Session

Oklahoma House Bill HB2086 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	ENGR. S. A. TO ENGR. H. B. NO. 2086 Page 1 1
	3	+	SENATE FLOOR VERSION - HB2086 SFLR Page 1
	4	+	(Bold face denotes Committee Amendments) 1
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28		-	ENGROSSED SENATE AMENDMENT
29		-	TO
	29	+	SENATE FLOOR VERSION
	30	+	April 13, 2022
	31	+	AS AMENDED
	32	+
30	33		ENGROSSED HOUSE
31	34		BILL NO. 2086 By: McCall and O'Donnell of the
32	35		House
33	36
34	37		and
35	38
36	39		Taylor of the Senate
37	40
38	41
39	42
40		-	An Act relating to public finance; amending 62 O.S.
41		-	2011, Section 34.6, as last amended by Section 1,
42		-	Chapter 14, O.S.L. 20 20 (62 O.S. Supp. 2020, Sect ion
43		-	34.6), which relates to the powers and duties of the
44		-	Director of the Office of Management and Enterprise
45		-	Services; ensuring state agencies are charged no more
46		-	than actual cost of certain services provided;
47		-	providing exceptions; authorizing settlement o f
48		-	disputes; defining term; and providing an effective
49		-	date.
	43	+	[ public finance - powers and duties of the Director
	44	+	of the Office of Management and Enterprise Services -
	45	+	state agencies are charged no more than actual cost ]
50	46
51	47
52	48
	49	+	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
	50	+	SECTION 1. AMENDATORY 62 O.S. 20 21, Section 34.6, is
	51	+	amended to read as follows :
	52	+	Section 34.6 A. The Director of the Office of Management and
	53	+	Enterprise Services shall have the power and duty under the
	54	+	direction of the Governor to:
	55	+	1. Prepare the budget document and assist i n the drafting of
	56	+	legislation to make it effective;
	57	+	2. Make field surveys and studies of governmental agencies,
	58	+	looking toward economy and greater efficiency;
	59	+	3. Make allotments to control expenditures;
	60	+	4. Authorize transfers of appropriation authorized by law;
	61	+	5. Study accounting and other reports rendered by the Central
	62	+	Accounting and Reporting Division;
53	63
54		-	AMENDMENT NO. 1. Page 1, strike the title to read
55		-
56		-	"[ public finance - powers and duties of the Director
57		-	of the Office of Management and Enterprise Services -
58		-	state agencies are charged no more than actual cost ]"
59		-
60		-
61		-	ENGR. S. A. TO ENGR. H. B. NO. 2086 Page 2 1
	64	+	SENATE FLOOR VERSION - HB2086 SFLR Page 2
	65	+	(Bold face denotes Committee Amendments) 1
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86		-	Passed the Senate the 28th day of April, 2022.
	90	+	6. Enter into agreements with the United States Secretary of
	91	+	the Treasury for the purpose of implementing federal law;
	92	+	7. Aid the Governor in the e conomical management of state
	93	+	affairs; and
	94	+	8. Adopt such rules and regulations concerning the exercise of
	95	+	powers and duties as the Director shall deem appropriate, in
	96	+	accordance with the Administrative Procedures Act.
	97	+	B. In addition to other duties, the Director of the Office of
	98	+	Management and Enterprise Services shall, upon request, advise and
	99	+	consult with members of the Legislature and legislative committees
	100	+	concerning revenue and expenditures of state agencies.
	101	+	C. The Director of the Office of Managem ent and Enterprise
	102	+	Services shall publish daily reports of a ll expenditures of funds
	103	+	from the Coronavirus Aid, Relief, and Economic Security (CARES) Act
	104	+	on the Oklahoma Checkbook page on the state website.
	105	+	D. In addition to the powers and duties prescribe d by
	106	+	subsection A of this section, the Director shall ensure appropriated
	107	+	state agencies are charged no more than the actual cost of the
	108	+	services provided by the Office of Management and Enterprise
	109	+	Services. Such charges shall not include costs related to
	110	+	administration, overhead, insurance or any other additional costs
	111	+	indirectly related to the services provided. The provisions of this
	112	+	section shall not apply to:
87	113
88		-
89		-
90		-	Presiding Officer of the Senate
91		-
92		-
93		-	Passed the House of Representatives the ____ day of __________,
94		-	2022.
95		-
96		-
97		-
98		-	Presiding Officer of the House
99		-	of Representatives
100		-
101		-	ENGR. H. B. NO. 2086 Page 1 1
	114	+	SENATE FLOOR VERSION - HB2086 SFLR Page 3
	115	+	(Bold face denotes Committee Amendments) 1
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126		-	ENGROSSED HOUSE
127		-	BILL NO. 2086 By: McCall and O'Donnell of the
128		-	House
	140	+	1. Health insurance premiums set by the Employees Group
	141	+	Insurance Division;
	142	+	2. Insurance premiums set by the Risk Management Division;
	143	+	3. Rates, fees, or other collections by the Central Purchasing
	144	+	Division for duties prescribed to the D ivision by law;
	145	+	4. Rates, fees, or other collections by the state or federal
	146	+	surplus programs for duties pres cribed to the programs by law; or
	147	+	5. Rates resulting in not ification to the Office of Management
	148	+	and Enterprise Services or agency receiving the services from a
	149	+	federal authority of alleged noncompliance with federal law or
	150	+	federal agency rule that specif ically cites the rate at issue and
	151	+	provides a clear rational e explaining the alleged noncompliance, and
	152	+	only if the Director of the Office and Management and Enterprise
	153	+	Services determines the allegation is accurate and likely to result
	154	+	in a loss of current or future federal funding.
	155	+	E. The Governmental Technolo gy Applications Revenue Board
	156	+	shall settle any dispute if a state agency objects to the rates
	157	+	proposed by the Office of Management and Enterprise Services if the
	158	+	state agency alleges a rate to be noncompliant with subsection D of
	159	+	this section. The Board shall use the description of actual cost in
	160	+	subsection D of this section along with other cost accounting
	161	+	principles it deems appropriate to determine the appropriateness of
	162	+	the proposed rate. If the proposed rate is determined to be in
	163	+	excess of actual cost, the Board shall recommend an appropriate rate
129	164
130		-	and
131		-
132		-	Taylor of the Senate
133		-
134		-
135		-
136		-
137		-
138		-	An Act relating to public finance; amending 62 O.S.
139		-	2011, Section 34.6, as last amended by Section 1,
140		-	Chapter 14, O.S.L. 2020 (62 O.S. Supp. 20 20, Section
141		-	34.6), which relates to the powers and duties of the
142		-	Director of the Office of Management and Enterprise
143		-	Services; ensuring state agencies are charged no more
144		-	than actual cost of certain services provided;
145		-	providing exceptions; authorizing settlement of
146		-	disputes; defining term; and providing an effective
147		-	date.
148		-
149		-
150		-
151		-
152		-	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
153		-	SECTION 1. AMENDATORY 62 O.S. 2011, Section 34.6, as
154		-	last amended by Section 1, Chapter 14, O.S.L. 2020 (62 O.S. Supp.
155		-	2020, Section 34.6), is amended to read as follows:
156		-	Section 34.6 A. The Director of the Office of Management and
157		-	Enterprise Services shall have the power and duty under the
158		-	direction of the Governor to:
159		-	1. Prepare the budget document and assist in the drafting of
160		-	legislation to make it effective;
161		-	2. Make field surveys and studies of governmental agencies,
162		-	looking toward economy and greater efficiency;
163		-
164		-	ENGR. H. B. NO. 2086 Page 2 1
	165	+	SENATE FLOOR VERSION - HB2086 SFLR Page 4
	166	+	(Bold face denotes Committee Amendments) 1
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189		-	3. Make allotments to control expenditures;
190		-	4. Authorize transfers of appropriation au thorized by law;
191		-	5. Study accounting and other reports rendered by the Central
192		-	Accounting and Reporting Division;
193		-	6. Enter into agreements with the United States Secretary of
194		-	the Treasury for the purpose of implementing federal law;
195		-	7. Aid the Governor in the economical management of state
196		-	affairs; and
197		-	8. Adopt such rules and regulations concerning the exercise of
198		-	powers and duties as the Director shall deem appropriate, in
199		-	accordance with the Administrative Procedures Act.
200		-	B. In addition to other duti es, the Director of the Office of
201		-	Management and Enterprise Services shall, upon request, advise and
202		-	consult with members of the Legislature and legislative committees
203		-	concerning revenue and expenditures of state agencies.
204		-	C. The Director of the Office of Management and Enterprise
205		-	Services shall publish daily reports of all expenditures of funds
206		-	from the Coronavirus Aid, Relief, and Economic Security (CARES) Act
207		-	on the Oklahoma Checkbook page on the state website.
208		-	D. In addition to the powers and duties p rescribed by
209		-	subsection A of this section, the Director shall ensure appropriated
210		-	state agencies are charged no more than the actual cost of the
211		-	services provided by the Office of Management and Enterprise
212		-	Services. Such charges shall not include costs re lated to
213		-
214		-	ENGR. H. B. NO. 2086 Page 3 1
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239		-	administration, overhead, insurance or any other additional costs
240		-	indirectly related to the services provided . The provisions of this
241		-	section shall not apply to:
242		-	1. Health insurance premiums set by the Employees Group
243		-	Insurance Division;
244		-	2. Insurance premiums set by the Risk Management Division;
245		-	3. Rates, fees or other collections by the Central Purchasing
246		-	Division for duties prescribed to the D ivision by law;
247		-	4. Rates, fees or other collections by the state or federal
248		-	surplus programs for dut ies prescribed to the programs by law; or
249		-	5. Rates resulting in notification to the Office of Management
250		-	and Enterprise Services or agency receiving the services from a
251		-	federal authority of alleged noncompliance with federal law or
252		-	federal agency rule tha t specifically cites the rate at issue and
253		-	provides a clear rationale explaining the alleged noncompliance, and
254		-	only if the Director of the Office and Management and Enterprise
255		-	Services determines the allegation is accurate and likely to result
256		-	in a loss of current or future federal funding.
257		-	E. The Governmental Technology Applications Revenue Board
258		-	shall settle any dispute if a state agency objects to the rates
259		-	proposed by the Office of Management and Enterprise Services if the
260		-	state agency alleges a rat e to be noncompliant with subsection D of
261		-	this section. The Board shall use the description of actual cost in
262		-	subsection D of this section along with other cost accounting
263		-
264		-	ENGR. H. B. NO. 2086 Page 4 1
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289		-	principles it deems appropriate to determine the appropriateness of
290		-	the proposed rate. If the proposed rate is determined to be in
291		-	excess of actual cost, the Board shall recommend an appropriate rate
292	191		range. The Board shall only be required to settle disputes
293	192		concerning rates prior to billing and shall not be required to
294	193		settle disputes concern ing billing or other matters after services
295	194		are provided or to settle disputes concerning the same rates in
296	195		consecutive fiscal years if a prior recommendation was made
297	196		concerning those rates.
298	197		F. For purposes of this section, "state agency" includes any
299	198		office, officer, bureau, board, council, court, commission,
300		-	institution, unit, division, body or house of the legislative,
301		-	executive or judicial branches of the state government, whether
	199	+	institution, unit, division, body, or house of the legislative,
	200	+	executive, or judicial branches of the state government, whether
302	201		elected or appointed, excluding only political subdivisions of the
303	202		state.
304		-	SECTION 2. This act shall become effective November 1, 2021.
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331		-	Passed the House of Representatives the 11th day of March, 2021.
332		-
333		-
334		-
335		-
336		-	Presiding Officer of the House
337		-	of Representatives
338		-
339		-
340		-	Passed the Senate the ___ day of __________ , 2021.
341		-
342		-
343		-
344		-
345		-	Presiding Officer of the Senate
346		-
	203	+	COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS
	204	+	April 13, 2022 - DO PASS AS AMENDED