Oklahoma 2022 Regular Session

Oklahoma House Bill HB2462 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	An Act
2		-	ENROLLED HOUSE
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	30	+	March 24, 2021
	31	+	AS AMENDED
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	33	+	ENGROSSED HOUSE
3	34		BILL NO. 2462 By: Lowe (Dick) of the House
4	35
5	36		and
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7	38		Howard of the Senate
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12		-
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14		-	An Act relating to state government; amending 74 O.S.
15		-	2011, Section 500.2, as last amended by Section 1,
16		-	Chapter 194, O.S.L. 2019 (74 O.S. Supp. 2020, Section
17		-	500.2), which relates to reimbursable expenses;
18		-	authorizing the State Department of Education to
19		-	contract for specified goods and services; permitting
20		-	establishment of accounts; providing for direct
21		-	payment; and declaring an emergency.
	43	+	[ state government - reimbursable expenses - State
	44	+	Department of Education to contract for specified
	45	+	goods and services –
	46	+	emergency ]
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26		-	SUBJECT: State government
27		-
28	51		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
29		-
30	52		SECTION 1. AMENDATORY 74 O.S. 2011, Section 500.2, as
31	53		last amended by Section 1, Chapter 194, O.S.L. 2019 (74 O.S. Supp.
32	54		2020, Section 500.2), is amended to read as follows:
33		-
34		-	Section 500.2 A. Officials and employees of the state,
	55	+	Section 500.2. A. Officials and employees of the state,
35	56		traveling on authorized state business, may be reimbursed for
36	57		expenses incurred in such travel in accordance with the provisions
37	58		of the State Travel Reimburs ement Act and existing statutes relating
38	59		to state travel. Persons who are not state employees, but who are
39	60		performing substantial and necessary services to the state which
40	61		have been directed or approved by the appropriate department
41	62		official shall enjoy t he protection of the sovereign immunity of the
42	63		state to the same extent as a paid employee. Such persons may be
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43	91		reimbursed for expenses incurred during authorized official travel
44	92		under these same statutory provisions, provided it is indicated on
45	93		the claim the person is not a state employee, a description of
46		-	services performed is entered, and the agency head by approval of ~~ENR. H. B. NO. 2462 Page 2~~
	94	+	services performed is entered, and the agency head by approval of
47	95		the claim certifies such services were substantial and necessary,
48	96		and germane to the duties and functions of the reimbursing agency.
49	97		Travel expenses incurred by a person during the course of seeking
50	98		employment with a state agency, unless such travel is performed at
51	99		the request of the employing agency, shall not be considered
52	100		expenses incurred in performing substantial and necessary servic es
53	101		to the state and shall not be reimbursed under the pr ovisions of the
54	102		State Travel Reimbursement Act.
55		-
56	103		B. The chief administrative officer of the Department of Public
57	104		Safety, the Oklahoma State Bureau of Investigation, the Oklahoma
58	105		State Bureau of Narcot ics and Dangerous Drugs Control, the Military
59	106		Department of the State of Oklahoma, the Department of Corrections,
60	107		the Office of Management and Enterprise Services, the Alcoholic
61	108		Beverage Laws Enforcement Commission, the Oklahoma Department of
62	109		Agriculture, Food, and Forestry, the Oklahoma Department of
63	110		Emergency Management, the State Fire Marshal, and the State
64	111		Department of Health may arrange for and charge meals and lodging
65	112		for a contingent of state personnel moved into an area for the
66	113		purpose of preservin g the public health, safety, or welfare or for
67	114		the protection of life or property. The cost for meals or lodging
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68	142		so charged shall not exceed the amount authorized in the State
69	143		Travel Reimbursement Act. The chief administrative officer of each
70	144		agency involved in such an operation shall require the vendor
71	145		furnishing meals, lodging, or both meals and lodging to submit an
72	146		itemized statement for payment. When a claim for lodging is made
73	147		for a contingent of state personnel, individual members of the
74	148		contingent may not submit a claim for lodging. When a claim for
75	149		meals is made for a contingent of state personnel, individual
76	150		members of the contingent may not submit a claim for meals.
77		-
78	151		C. The Oklahoma Department of Commerce, the Oklahoma Center for
79	152		the Advancement of Science and Technology, and the Oklahoma
80	153		Department of Agriculture, Food, and Forestry are hereby authorized
81	154		to enter into contracts and agreements for the payment of food,
82	155		lodging, meeting facility and beverage expenses as may be necessary
83	156		for sponsoring seminars and receptions relating to economic
84	157		development and science and technology issues. Such expenses may be
85	158		paid directly to the contracting agency or business establishment.
86	159		The Director of the Oklahoma Department of Commerce, the President
87	160		of the Oklahoma Center for the Advancement of Science and
88	161		Technology, and the Commissioner of Agriculture shall each provide a
89	162		quarterly report of such expenditures to the Governor, the Speaker
90	163		of the House of Representatives and the President Pro Tempore of the
91		-	Senate. ENR. H. B. NO. 2462 Page 3
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93	192		D. The Native American Cultural and Educat ional Authority is
94	193		hereby authorized to enter into contracts and agreements for the
95	194		payment of food, lodging, and meeting facility as may be necessary
96	195		to pursue the promotion of fundraising, marketing , and development
97	196		of Native American educational program s and cultural projects, or to
98	197		sponsor luncheons, seminars, and receptions relating to Native
99	198		American educational, cultural, museum, and economic development
100	199		issues. Such expenses may be paid direct ly to the contracting
101	200		agency or business establishment. The Executive Director of the
102	201		Native American Cultural and Educational Authority shall provide a
103	202		monthly report of expenditures to the Native American Cultural and
104	203		Educational Authority Board.
105		-
106	204		E. For purposes of this section:
107		-
108	205		1. "State agency" means any constitutionally or statutorily
109	206		created state board, commission, or department, including the
110	207		Legislature and the Courts;
111		-
112	208		2. State agencies are authorized to enter into contracts and
113	209		agreements for the payment of food and lodging expenses as may be
114	210		necessary for employees or other persons who are performing
115	211		substantial and necessary services to the state by attending
116	212		official conferences, meetings, seminars, workshops, or training
117	213		sessions or in the performance of their duties. Such expenses may
118	214		be paid directly to the contracting agency or business
119	215		establishment, provided the meeting qualifies for overnight travel
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120	243		for the employees and the cost for food and lodging for each
121	244		employee shall not exceed the total daily rate as provided in the
122	245		State Travel Reimbursement Act;
123		-
124	246		3. State agencies are authorized to enter into contracts and
125	247		agreements for the payment of conference registration expenses as
126	248		may be necessary for employees or other persons who are performing
127	249		substantial and necessary services to the st ate by attending
128	250		official conferences, meetings, seminars, workshops, or training
129	251		sessions. Such expenses may be paid directly to the contracting
130	252		agency or business establishment; and
131		-
132	253		4. State agencies are authorized to enter into contracts and
133	254		agreements for the payment of food and lodging expenses as may be
134	255		necessary for employees attending an official course of instruction
135	256		or training conducted or sponsored by any state agency. Expenses
136		-	may be paid directly to the ~~co ntracting~~ agency or business ~~ENR. H. B. NO. 2462 Page 4~~
	257	+	may be paid directly to the contracting agency or business
137	258		establishment. The cost for food and lodging for each employee
138	259		shall not exceed the total daily rate as provided in the State
139	260		Travel Reimbursement Act.
140		-
141	261		F. State agencies are authorized to make direct purc hases of
142	262		commercial airline tickets for use by employees in approved out-of-
143	263		state travel. Each claim or invoice submitted to the Director of
144	264		the Office of Management and Enterprise Services for the payment of
145	265		the purchase shall bear the airline identifyin g ticket number, the
146	266		name of the airline, total cost of each ticket purchased, class of
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147	294		accommodation and name of the employee for whom the ticket was
148	295		purchased, and shall be filed on claim forms as prescribed by the
149	296		Director of the Office of Management an d Enterprise Services. The
150	297		employee shall sign an affid avit stating that the employee used a
151	298		direct purchase commercial airline ticket received for his or her
152	299		approved out-of-state travel, or in lieu of the affidavit, the
153	300		employee may file a travel claim in connection with said airline
154	301		flight.
155		-
156	302		G. 1. The Director of the Office of Management and Enterprise
157	303		Services is hereby authorized to enter into contracts and agreements
158	304		for the payment of food, lodging, and other authorized expenses as
159	305		may be necessary to host, conduct, sponsor, or participate in
160	306		conferences, meetings, or training sessions. The Director may
161	307		establish accounts as necessary for the collection and distribution
162	308		of funds, including funds of sponsors and registration fees, related
163	309		to such conferences, meetings, and training sessions. Expenses
164	310		incurred may be paid directly to the contracting agency or business
165	311		establishment.
166		-
167	312		2. The cost of food for persons attending any conferences,
168	313		meetings, and training sessions that do not require overnig ht travel
169	314		shall not exceed the total daily rate as provi ded in the State
170	315		Travel Reimbursement Act.
171		-
172	316		H. 1. The Commissioner of the Department of Mental Health and
173	317		Substance Abuse Services is hereby authorized to enter into
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174	345		contracts and agreements for the payment of food, lodging, and other
175	346		authorized expenses as may be necessary to host, conduct, sponsor,
176	347		or participate in conferences, meetings, or training sessions. The
177	348		Commissioner may establish accounts as necessary for the collection
178	349		and distribution of funds, including funds of sponsors and
179	350		registration fees, related to such conferences, meetings, and
180	351		training sessions. Any expenses incurred may be paid directly to
181		-	the contracting agency or business establishment. ENR. H. B. NO. 2462 Page 5
182		-
	352	+	the contracting agency or business establishment.
183	353		2. The cost of food for persons att ending any conferences,
184	354		meetings, and training sessions that do not require overnight travel
185	355		shall not exceed the total daily rate as provided in the State
186	356		Travel Reimbursement Act.
187		-
188	357		I. The Oklahoma Indigent Defense System is hereby authorized to
189	358		enter into contracts and agreements for the payment of lodging as
190	359		necessary for employees to carry out their duties in representing
191	360		any client whom the System has been properly appointed to represent.
192	361		Such expenses may be paid directly to the contracting agency or
193	362		business establishment. The cost for lodging for each employee
194	363		shall not exceed the daily rate as provided in the State Travel
195	364		Reimbursement Act.
196		-
197	365		J. The Oklahoma Tourism and Recreation Department is hereby
198	366		authorized to enter into contracts and agreemen ts for the payment of
199	367		food, lodging, and meeting facilit y and beverage expenses as may be
200	368		necessary for seminars and receptions relating to familiarization
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201	396		tours and tourism development. The expenses may be paid directly to
202	397		the contracting agency or busin ess establishment. The Executive
203	398		Director of the Oklaho ma Tourism and Recreation Department shall
204	399		provide a monthly report of any such expenditures to the Oklahoma
205	400		Tourism and Recreation Commission.
206		-
207	401		K. The Oklahoma Tourism and Recreation Department is he reby
208	402		authorized to enter into contracts and agreements f or the payment of
209	403		exhibitor fees and display space charges at expositions to promote
210	404		the Department's recreational facilities and the tourism and
211	405		recreation industry. The expenses may be paid directl y to the
212	406		contracting agency or business establishment; p rovided that no
213	407		payment shall be made prior to the event unless it conveys a
214	408		property right to the state for future availability and use.
215		-
216	409		L. 1. The Oklahoma Highway Safety Office of the Department o f
217	410		Public Safety is hereby authorized to enter into contr acts and
218	411		agreements for the payment of food, lodging, and other authorized
219	412		expenses as may be necessary, to host, conduct, sponsor, or
220	413		participate in highway -safety-related conferences, workshops,
221	414		seminars, meetings, or training sessions. The payments sha ll be for
222	415		all persons in attendance, including, but not limited to, employees
223	416		of political subdivisions or employees of the state or federal
224	417		government. For purposes specified in this paragraph, only federal
225		-	highway safety funds may be used in accordance with federal ENR. H. B. NO. 2462 Page 6
	418	+	highway safety funds may be used in accordance with federal
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226	446		guidelines and regulations, and no appropriated state funds shall be
227	447		used.
228		-
229	448		2. The cost of food for persons attending any highway safety
230	449		conferences, workshops, seminars, meetings, and tr aining sessions
231	450		that do not require overnight travel sha ll not exceed the total
232	451		daily rate as provided in the State Travel Reimbursement Act.
233		-
234	452		M. 1. The Director of the Oklahoma State Bureau of
235	453		Investigation is hereby authorized to enter into contracts an d
236	454		agreements for the payment of food, lodging and other authorized
237	455		expenses as may be necessary to host, conduct, sponsor or
238	456		participate in any conference, meeting, training session or
239	457		initiative to promote the mission and purposes of the Bureau. The
240	458		payments may be for all persons in attendance, including, bu t not
241	459		limited to, employees of political subdivisions or employees of the
242	460		state or federal government.
243		-
244	461		2. The cost of food for persons that do not require overnight
245	462		travel shall not exceed the total daily rate as provided in the
246	463		State Travel Reimbursement Act.
247		-
248	464		N. The Oklahoma Homeland Security Director is hereby authorized
249	465		to enter into contracts and agreements for the payment of food,
250	466		lodging and other authorized expenses as may be necessary to host ,
251	467		conduct, sponsor, or participate in homeland -security-related
252	468		conferences, meetings, workshops, seminars, exercises or training
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253	496		sessions. The expenses may be paid directly to the contracting
254	497		agency or business establishment.
255		-
256	498		O. The State Department of Education is hereby authorized to
257	499		enter into contracts a nd agreements for the payment of food, lodging
258	500		and other authorized expenses as may be nece ssary to host, conduct,
259	501		sponsor or participate in conferences, meetings or training
260	502		sessions. The State Department of Education may establish accounts
261	503		as necessary for the collection and distribution of funds, including
262	504		funds of sponsors and registration fees, related to such
263	505		conferences, meetings and training sessions. Any expenses incurred
264	506		may be paid directly to the contracting agency or business
265	507		establishment.
266		-
267	508		P. 1. The Insurance Commissioner of the Insurance Department
268	509		of the State of Oklahoma is hereby authorized to enter into
269	510		contracts and agreements for the payment of food, lodging, and other
270		-	authorized expenses as may be necessary to host, conduct, sponsor, ~~ENR. H. B. NO. 2462 Page 7~~
	511	+	authorized expenses as may be necessary to host, conduct, sponsor ,
271	512		or participate in conferences, meetings, or training sessions. The
272	513		Commissioner may establish accounts as necessary for the collection
273	514		and distribution of funds, including funds of sponsors and
274	515		registration fees, related to such conferences, meetings, a nd
275	516		training sessions. Any expenses incurred may be paid directly to
276	517		the contracting agency or business establishment.
277		-
278	518		2. The cost of food for persons attending any conferences,
279	519		meetings, and trainin g sessions that do not require overnight travel
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280	547		shall not exceed the total daily rate as provided in the State
281	548		Travel Reimbursement Act.
282		-
283	549		P. Q. 1. The State Regents for Higher Education is hereby
284	550		authorized to enter into contracts and agreements for the p ayment of
285	551		food, lodging, and other authorized expenses a s may be necessary to
286	552		host, conduct, sponsor, or participate in conferences, meetings, or
287	553		training sessions. The State Regents for Higher Education may
288	554		establish accounts as necessary for the collect ion and distribution
289	555		of funds, including funds of sponso rs and registration fees, related
290	556		to such conferences, meetings, and training sessions. Any expenses
291	557		incurred may be paid directly to the contracting agency or business
292	558		establishment.
293		-
294	559		2. The cost of food for persons attending any conferences,
295	560		meetings, and training sessions that do not require overnight travel
296	561		shall not exceed the total daily rate as provided in the State
297	562		Travel Reimbursement Act.
298		-
299	563		Q. R. 1. The Office of Educational Quality and Acco untability
300	564		is hereby authorized to enter into contracts and agreements for the
301	565		payment of food, lodging, and other authorized expenses as may be
302	566		necessary to host, conduct, sponsor, or participate in conferences,
303	567		meetings, or training sessions. The Office of Educational Quality
304	568		and Accountability may establish accounts as necessary for the
305	569		collection and distribution of funds, including funds of sponsors
306	570		and registration fees, related to such conferences, meetings, and
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307	598		training sessions. Any expenses incu rred may be paid directly to
308	599		the contracting agency or b usiness establishment.
309		-
310	600		2. The cost of food for persons attending any conferences,
311	601		meetings, and training sessions that do not require overnight travel
312	602		shall not exceed the total daily rate as provide d in the State
313	603		Travel Reimbursement Act.
314		-	ENR. H. B. NO. 2462 Page 8
315	604		R. S. 1. The Department of Securities is hereby authorized to
316	605		enter into contracts and agreements for the payment of food,
317	606		lodging, meeting facility, facilitator fees and travel expenses,
318	607		exhibitor fees and other authorized expenses as may be necessary to
319	608		host, conduct, sponsor or participate in conferences, meetings,
320	609		training sessions or initiatives promoting or otherwise relating to
321	610		investor education. The Department of Securities may establish
322	611		accounts as necessary for the collection and distribution of funds,
323	612		including funds of sponsors and registration fees, relating to such
324	613		conferences, meetings, training sessions or initiatives. The
325	614		payments may be for all persons in attendance, including, but not
326	615		limited to, employees of the state or federal government or
327	616		employees of political subdivisions of the state, including
328	617		employees of boards of public education. Expenses incurred may be
329	618		paid directly to the contracting agency or business establishment.
330		-
331	619		2. The cost of food for persons attending any conferences,
332	620		meetings and training sessions that do not require overnight travel
	621	+
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333	648		shall not exceed the total daily rate as provided in the State
334	649		Travel Reimbursement Act.
335		-
336	650		3. The Department of Securities is hereby authori zed to pay
337	651		stipends to teachers participating in the inv estor education program
338	652		and monetary achievement awards to select participating students.
339	653		No appropriated state funds shall be used.
340		-
341	654		S. T. 1. The Oklahoma Department of Veterans Affairs is hereby
342	655		authorized to enter into contracts and agreements for the payment of
343	656		food, lodging, meeting facility, beverage and other authorized
344	657		expenses as may be necessary to host, conduct, sponsor or
345	658		participate in seminars, receptions, conferences, meetings or
346	659		training sessions relating to the support of veterans and the
347	660		development of veterans' services. Expenses incurred may be paid
348	661		directly to the contracting agency or business establishment. The
349	662		Executive Director of the Oklahoma Department of Veterans Affairs
350	663		shall provide a monthly report of any such expenditures to the
351	664		Oklahoma Veterans Commission.
352		-
353	665		2. The cost of food for persons attending any conferences,
354	666		meetings and training sessions that do not require overnight travel
355	667		shall not exceed the total daily ra te as provided in the State
356	668		Travel Reimbursement Act.
	669	+	T. U. Whenever possible it shall be the policy of each state
	670	+	agency to prepay airline fares and lodging expenses using a purchase
	671	+	card issued to the agency. This policy shall apply to instances
357	672
358		-	T. U. Whenever possible it shall be the policy of each state
359		-	agency to prepay airline fares and lodging expenses using a purchase ENR. H. B. NO. 2462 Page 9
360		-	card issued to the agency. This policy shall apply to instances
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361	699		where employees of the agency are traveling on behalf of state
362	700		government.
363		-
364	701		SECTION 2. It being immediately necessary for the preservation
365	702		of the public peace, health or safety, an emergency is hereby
366	703		declared to exist, by reason whereof this act shall take effect and
367	704		be in full force from and after i ts passage and approval.
368		-	ENR. H. B. NO. 2462 Page 10
369		-	Passed the House of Representatives the 1st day of March, 2021.
370		-
371		-
372		-
373		-
374		-	Presiding Officer of the House
375		-	of Representatives
376		-
377		-
378		-	Passed the Senate the 19th day of April, 2021.
379		-
380		-
381		-
382		-
383		-	Presiding Officer of the Senate
384		-
385		-
386		-	OFFICE OF THE GOVERNOR
387		-	Received by the Office of the Governor this ____________________
388		-	day of ___________________, 20_______, at _______ o'clock _______ M.
389		-	By: _________________________________
390		-	Approved by the Governor of the State of Oklahoma this _________
391		-	day of ___________________, 20_______, at _______ o'clock _______ M.
392		-
393		-
394		-	_________________________________
395		-	Governor of the State of Oklahoma
396		-
397		-	OFFICE OF THE SECRETARY OF STATE
398		-	Received by the Office of the Secr etary of State this __________
399		-	day of ___________________, 20_______, at _______ o'clock _______ M.
400		-	By: _________________________________
401		-
	705	+	COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS
	706	+	March 24, 2021 - DO PASS