An Act
ENROLLED HOUSE
BILL NO. 4449 By: Wallace and Martinez of the
House
and
Thompson and Hall of the
Senate
An Act relating to the Oklahoma Military Department;
creating the Military Justice Revolving Fund;
establishing nature of fund; d eclaring funds
appropriated; authorizing expenditure for certain
purpose; providing budgetin g and expenditure
requirements and limitatio ns; amending 74 O.S. 2021,
Section 9030.5, which relates to art in public
places; exempting the Oklahoma Mili tary Department
from certain art allocation requirement; updating
statutory outline; providing for codification;
providing an effective date; and declaring an
emergency.
SUBJECT: Oklahoma Military Department
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLA HOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 233.14 of Title 44, unless there
is created a duplica tion in numbering, reads as follows:
There is hereby created in the State Treasu ry a revolving fund
for the Oklahoma Military Department to be designated the "Military
Justice Revolving Fund". The fund shall be a continuing fund, not
subject to fiscal ye ar limitations, and shall consist of all monies
directed for deposit to the fund by law. All monies accruing to the
credit of said fund are hereby appropriated and may be budgeted and
expended by the Oklahoma Military Department for the purpose of ENR. H. B. NO. 4449 Page 2
prosecuting military misconduct as needed. Expenditures from said
fund shall be made up on warrants issued by the State Treasure r
against claims filed as prescribed by law with the Director of the
Office of Management an d Enterprise Services for approval and
payment.
SECTION 2. AMENDATORY 74 O.S. 2021, Section 9030. 5, is
amended to read as follows:
Section 9030.5 A. 1. Except as otherwise provided by
subsection C of this section, all state age ncies, including
institutions within The Oklahoma State System of Higher Education,
all state departments, board s, councils, and commissions shall
allocate, as a nondeductible item out of any expenditures for
capital projects including, but not limited to, bond issues for
state construction excluding costs for bond issuance and related
reserves, an amount of one and one-half percent (1 1/2%) of the
expenditure to the Oklahoma Arts Counci l for the purpose of funding
the Oklahoma Art in Public Places Act, exc ept as otherwise prov ided
by subsection B of this section.
2. The maximum assessment for any project shall not exceed Five
Hundred Thousand Dollars ($500,000.00) . This assessment shall not
apply to any private donations for a capital project . This
allocation shall be applic able to all state agency capital projects
approved by the appointing authority after Septem ber 1, 2004. The
works of art commissioned pursuant to the Oklahoma Art in Public
Places Act may be placed on public lands, integral to or atta ched to
a public building or structure, or detached within or outside a
public building or structure.
B. 1. Of the assessment provided for in subsection A of this
section, four-fifths (4/5) shall be placed in the Commissioning of
Art in Public Places Rev olving Fund, created in Section 9030.6 of
this title, for the commission of any work of art for the Oklahoma
Art in Public Places Act. Institutions within The Okla homa State
System of Higher Education shall remain in complete administrative
control of their four-fifths (4/5) assessment pursuant to this
subsection for the acquisition of art. The remaining one-fifth
(1/5) of the assessment shall be reserved for the A rt in Public
Places Administrative and Maintenance Revolving Fund created by
Section 9030.7 of this title.
2. Monies deposited in the Art in Public Places Administrative
and Maintenance Revolving Fund fo r the purpose of this moratorium ENR. H. B. NO. 4449 Page 3
shall be used for continued administration, educational costs and
maintenance.
C. The provisions of subsection A of this section shall not be
applicable:
1. For the fiscal years ending:
a. June 30, 2012,
b. June 30, 2013, and
c. June 30, 2014; and
2. To the following:
a. the Oklahoma Tourism and Recreation Department, and
b. the Oklahoma Military Department .
SECTION 3. This act shall beco me effective July 1, 2022.
SECTION 4. 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.
ENR. H. B. NO. 4449 Page 4
Passed the House of Repre sentatives the 18th day of May, 2022.
Presiding Officer of the House
of Representatives
Passed the Senate the 20th day of May, 2022.
Presiding Officer of the Senate
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this _____ _______________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _____ ____
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________