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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
HOUSE BILL 2462 By: Lowe (Dick) of the House
and
Howard of the Senate
AS INTRODUCED
An Act relating to state government; amending 74 O.S .
2011, Section 500.2, as last amended by Section 1,
Chapter 194, O.S.L. 2019 (74 O.S. Supp. 2020, Section
500.2), which relates to reimbursable expenses;
authorizing the State Department of Education to
contract for specified goods and services; permittin g
establishment of accounts; providing for direct
payment; and declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 74 O.S. 2011, Section 500.2, as
last amended by Sectio n 1, Chapter 194, O.S.L. 2019 (74 O.S. Supp.
2020, Section 500.2), is amended to read as follows:
Section 500.2 A. Officials and employees of the state,
traveling on authorized state business, may be reimbursed for
expenses incurred in such travel in acc ordance with the provisions
of the State Travel Reimbursement Act and existing statutes relating
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to state travel. Persons who are not state employees, but who are
performing substantial and necessary services to the state which
have been directed or appro ved by the appropriate department
official shall enjoy the protection of the sovereign immunity of the
state to the same extent as a paid employee. Such persons may be
reimbursed for expenses incurred during authorized official travel
under these same sta tutory provisions, provided it is indicated on
the claim the person is not a state employee, a description of
services performed is entered, and the agency head by approval of
the claim certifies such services were substantial and necessary,
and germane to the duties and functions of the reimbursing agency.
Travel expenses incurred by a person during the course of seeking
employment with a state agency, unless such travel is performed at
the request of the employing agency, shall not be considered
expenses incurred in performing substantial and necessary services
to the state and shall not be reimbursed under the provisions of the
State Travel Reimbursement Act.
B. The chief administrative officer of the Department of Public
Safety, the Oklahoma State Bure au of Investigation, the Oklahoma
State Bureau of Narcotics and Dangerous Drugs Control, the Military
Department of the State of Oklahoma, the Department of Corrections,
the Office of Management and Enterprise Services, the Alcoholic
Beverage Laws Enforcem ent Commission, the Oklahoma Department of
Agriculture, Food, and Forestry, the Oklahoma Department of
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Emergency Management, the State Fire Marshal, and the State
Department of Health may arrange for and charge meals and lodging
for a contingent of state p ersonnel moved into an area for the
purpose of preserving the public health, safety, or welfare or for
the protection of life or property. The cost for meals or lodging
so charged shall not exceed the amount authorized in the State
Travel Reimbursement Ac t. The chief administrative officer of each
agency involved in such an operation shall require the vendor
furnishing meals, lodging, or both meals and lodging to submit an
itemized statement for payment. When a claim for lodging is made
for a contingent of state personnel, individual members of the
contingent may not submit a claim for lodging. When a claim for
meals is made for a contingent of state personnel, individual
members of the contingent may not submit a claim for meals.
C. The Oklahoma Depart ment of Commerce, the Oklahoma Center for
the Advancement of Science and Technology, and the Oklahoma
Department of Agriculture, Food, and Forestry are hereby authorized
to enter into contracts and agreements for the payment of food,
lodging, meeting facil ity and beverage expenses as may be necessary
for sponsoring seminars and receptions relating to economic
development and science and technology issues. Such expenses may be
paid directly to the contracting agency or business establishment.
The Director of the Oklahoma Department of Commerce, the President
of the Oklahoma Center for the Advancement of Science and
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Technology, and the Commissioner of Agriculture shall each provide a
quarterly report of such expenditures to the Governor, the Speaker
of the House of Representatives and the President Pro Tempore of the
Senate.
D. The Native American Cultural and Educational Authority is
hereby authorized to enter into contracts and agreements for the
payment of food, lodging, and meeting facility as may be nec essary
to pursue the promotion of fundraising, marketing, and development
of Native American educational programs and cultural projects, or to
sponsor luncheons, seminars, and receptions relating to Native
American educational, cultural, museum, and econom ic development
issues. Such expenses may be paid directly to the contracting
agency or business establishment. The Executive Director of the
Native American Cultural and Educational Authority shall provide a
monthly report of expenditures to the Native A merican Cultural and
Educational Authority Board.
E. For purposes of this section:
1. "State agency" means any constitutionally or statutorily
created state board, commission, or department, including the
Legislature and the Courts;
2. State agencies ar e authorized to enter into contracts and
agreements for the payment of food and lodging expenses as may be
necessary for employees or other persons who are performing
substantial and necessary services to the state by attending
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official conferences, meetin gs, seminars, workshops, or training
sessions or in the performance of their duties. Such expenses may
be paid directly to the contracting agency or business
establishment, provided the meeting qualifies for overnight travel
for the employees and the cost for food and lodging for each
employee shall not exceed the total daily rate as provided in the
State Travel Reimbursement Act;
3. State agencies are authorized to enter into contracts and
agreements for the payment of conference registration expenses as
may be necessary for employees or other persons who are performing
substantial and necessary services to the state by attending
official conferences, meetings, seminars, workshops, or training
sessions. Such expenses may be paid directly to the contracti ng
agency or business establishment; and
4. State agencies are authorized to enter into contracts and
agreements for the payment of food and lodging expenses as may be
necessary for employees attending an official course of instruction
or training conducted or sponsored by any state agency. Expenses
may be paid directly to the contracting agency or business
establishment. The cost for food and lodging for each employee
shall not exceed the total daily rate as provided in the State
Travel Reimbursement Ac t.
F. State agencies are authorized to make direct purchases of
commercial airline tickets for use by employees in approved out -of-
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state travel. Each claim or invoice submitted to the Director of
the Office of Management and Enterprise Services for the p ayment of
the purchase shall bear the airline identifying ticket number, the
name of the airline, total cost of each ticket purchased, class of
accommodation and name of the employee for whom the ticket was
purchased, and shall be filed on claim forms as p rescribed by the
Director of the Office of Management and Enterprise Services. The
employee shall sign an affidavit stating that the employee used a
direct purchase commercial airline ticket received for his or her
approved out-of-state travel, or in lieu of the affidavit, the
employee may file a travel claim in connection with said airline
flight.
G. 1. The Director of the Office of Management and Enterprise
Services is hereby authorized to enter into contracts and agreements
for the payment of food, lo dging, and other authorized expenses as
may be necessary to host, conduct, sponsor, or participate in
conferences, meetings, or training sessions. The Director may
establish accounts as necessary for the collection and distribution
of funds, including fun ds of sponsors and registration fees, related
to such conferences, meetings, and training sessions. Expenses
incurred may be paid directly to the contracting agency or business
establishment.
2. The cost of food for persons attending any conferences,
meetings, and training sessions that do not require overnight travel
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shall not exceed the total daily rate as provided in the State
Travel Reimbursement Act.
H. 1. The Commissioner of the Department of Mental Health and
Substance Abuse Services is hereby au thorized to enter into
contracts and agreements for the payment of food, lodging, and other
authorized expenses as may be necessary to host, conduct, sponsor,
or participate in conferences, meetings, or training sessions. The
Commissioner may establish ac counts as necessary for the collection
and distribution of funds, including funds of sponsors and
registration fees, related to such conferences, meetings, and
training sessions. Any expenses incurred may be paid directly to
the contracting agency or busi ness establishment.
2. The cost of food for persons attending any conferences,
meetings, and training sessions that do not require overnight travel
shall not exceed the total daily rate as provided in the State
Travel Reimbursement Act.
I. The Oklahoma Indigent Defense System is hereby authorized to
enter into contracts and agreements for the payment of lodging as
necessary for employees to carry out their duties in representing
any client whom the System has been properly appointed to represent.
Such expenses may be paid directly to the contracting agency or
business establishment. The cost for lodging for each employee
shall not exceed the daily rate as provided in the State Travel
Reimbursement Act.
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J. The Oklahoma Tourism and Recreation Department i s hereby
authorized to enter into contracts and agreements for the payment of
food, lodging, and meeting facility and beverage expenses as may be
necessary for seminars and receptions relating to familiarization
tours and tourism development. The expenses may be paid directly to
the contracting agency or business establishment. The Executive
Director of the Oklahoma Tourism and Recreation Department shall
provide a monthly report of any such expenditures to the Oklahoma
Tourism and Recreation Commission.
K. The Oklahoma Tourism and Recreation Department is hereby
authorized to enter into contracts and agreements for the payment of
exhibitor fees and display space charges at expositions to promote
the Department's recreational facilities and the tourism an d
recreation industry. The expenses may be paid directly to the
contracting agency or business establishment; provided that no
payment shall be made prior to the event unless it conveys a
property right to the state for future availability and use.
L. 1. The Oklahoma Highway Safety Office of the Department of
Public Safety is hereby authorized to enter into contracts and
agreements for the payment of food, lodging, and other authorized
expenses as may be necessary, to host, conduct, sponsor, or
participate in highway-safety-related conferences, workshops,
seminars, meetings, or training sessions. The payments shall be for
all persons in attendance, including, but not limited to, employees
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of political subdivisions or employees of the state or federal
government. For purposes specified in this paragraph, only federal
highway safety funds may be used in accordance with federal
guidelines and regulations, and no appropriated state funds shall be
used.
2. The cost of food for persons attending any highway s afety
conferences, workshops, seminars, meetings, and training sessions
that do not require overnight travel shall not exceed the total
daily rate as provided in the State Travel Reimbursement Act.
M. 1. The Director of the Oklahoma State Bureau of
Investigation is hereby authorized to enter into contracts and
agreements for the payment of food, lodging and other authorized
expenses as may be necessary to host, conduct, sponsor or
participate in any conference, meeting, training session or
initiative to promote the mission and purposes of the Bureau. The
payments may be for all persons in attendance, including, but not
limited to, employees of political subdivisions or employees of the
state or federal government.
2. The cost of food for persons that do not require overnight
travel shall not exceed the total daily rate as provided in the
State Travel Reimbursement Act.
N. The Oklahoma Homeland Security Director is hereby authorized
to enter into contracts and agreements for the payment of food,
lodging and other authorized expenses as may be necessary to host,
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conduct, sponsor, or participate in homeland -security-related
conferences, meetings, workshops, seminars, exercises or training
sessions. The expenses may be paid directly to the contracting
agency or business establishment.
O. The State Department of Education is hereby authorized to
enter into contracts and agreements f or the payment of food, lodging
and other authorized expenses as may be nece ssary to host, conduct,
sponsor or participate in con ferences, meetings or training
sessions. The State Department of Education may establish accounts
as necessary for the collection and distribution of funds, including
funds of sponsors and registration fees, related to such
conferences, meetings and train ing sessions. Any expenses incurred
may be paid directly to the contracting agency or business
establishment.
P. 1. The Insurance Commissioner of the Insurance Department
of the State of Oklahoma is hereby authorized to enter into
contracts and agreemen ts for the payment of food, lodging, and other
authorized expenses as may be necessary to host, conduct, sponsor,
or participate in conferences, meetings, or training sessions. The
Commissioner may establish accounts as necessary for the collection
and distribution of funds, including funds of sponsors and
registration fees, related to such conferences, meetings, and
training sessions. Any expenses incurred may be paid directly to
the contracting agency or business establishment.
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2. The cost of food for persons attending any conferences,
meetings, and training sessions that do not require overnight travel
shall not exceed the total daily rate as provided in the State
Travel Reimbursement Act.
P. Q. 1. The State Regents for Higher Education is hereby
authorized to enter into contracts and agreements for the payment of
food, lodging, and other authorized expenses as may be necessary to
host, conduct, sponsor, or participate in conferences, meetings, or
training sessions. The State Regents for Higher Educa tion may
establish accounts as necessary for the collection and distribution
of funds, including funds of sponsors and registration fees, related
to such conferences, meetings, and training sessions. Any expenses
incurred may be paid directly to the contr acting agency or business
establishment.
2. The cost of food for persons attending any conferences,
meetings, and training sessions that do not require overnight travel
shall not exceed the total daily rate as provided in the State
Travel Reimbursement Ac t.
Q. R. 1. The Office of Educational Quality and Accountability
is hereby authorized to enter into contracts and agreements for the
payment of food, lodging, and other authorized expenses as may be
necessary to host, conduct, sponsor, or participate in conferences,
meetings, or training sessions. The Office of Educational Quality
and Accountability may establish accounts as necessary for the
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collection and distribution of funds, including funds of sponsors
and registration fees, related to such conferen ces, meetings, and
training sessions. Any expenses incurred may be paid directly to
the contracting agency or business establishment.
2. The cost of food for persons attending any conferences,
meetings, and training sessions that do not require overnight travel
shall not exceed the total daily rate as provided in the State
Travel Reimbursement Act.
R. S. 1. The Department of Securities is hereby authorized to
enter into contracts and agreements for the payment of food,
lodging, meeting facility, facilit ator fees and travel expenses,
exhibitor fees and other authorized expenses as may be necessary to
host, conduct, sponsor or participate in conferences, meetings,
training sessions or initiatives promoting or otherwise relating to
investor education. The Department of Securities may establish
accounts as necessary for the collection and distribution of funds,
including funds of sponsors and registration fees, relating to such
conferences, meetings, training sessions or initiatives. The
payments may be for all persons in attendance, including, but not
limited to, employees of the state or federal government or
employees of political subdivisions of the state, including
employees of boards of public education. Expenses incurred may be
paid directly to the c ontracting agency or business establishment.
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2. The cost of food for persons attending any conferences,
meetings and training sessions that do not require overnight travel
shall not exceed the total daily rate as provided in the State
Travel Reimbursement Act.
3. The Department of Securities is hereby authorized to pay
stipends to teachers participating in the investor education program
and monetary achievement awards to select participating students.
No appropriated state funds shall be used.
S. T. 1. The Oklahoma Department of Veterans Affairs is hereby
authorized to enter into contracts and agreements for the payment of
food, lodging, meeting facility, beverage and other authorized
expenses as may be necessary to host, conduct, sponsor or
participate in seminars, receptions, conferences, meetings or
training sessions relating to the support of veterans and the
development of veterans' services. Expenses incurred may be paid
directly to the contracting agency or business establishment. The
Executive Director of the Oklahoma Department of Veterans Affairs
shall provide a monthly report of any such expenditures to the
Oklahoma Veterans Commission.
2. The cost of food for persons attending any conferences,
meetings and training sessions that do not requ ire overnight travel
shall not exceed the total daily rate as provided in the State
Travel Reimbursement Act.
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T. U. Whenever possible it shall be the policy of each state
agency to prepay airline fares and lodging expenses using a purchase
card issued to the agency. This policy shall apply to instances
where employees of the agency are traveling on behalf of state
government.
SECTION 2. 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.
COMMITTEE REPORT BY: COMMITTEE ON GENERAL GOVERNMENT, dated
02/17/2021 - DO PASS, As Coauthored.