76 | | - | amending 63 O.S. 2021, Section 330.52, which relates |
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77 | | - | to Oklahoma State Board of Examiners fo r Long-Term |
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78 | | - | Care Administrators; amending 73 O. S. 2021, Section |
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79 | | - | 83.1, which relates to the Capitol-Medical Center |
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80 | | - | Improvement and Zoning Commission; amending 74 O.S. |
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| 42 | + | extending sunset termination date; amending 73 O.S. |
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| 43 | + | 2021, Section 83.1, which relates to the Capitol- |
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| 44 | + | Medical Center Improvement and Zoning Commission; |
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| 45 | + | extending sunset termination date; amending 74 O.S. |
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149 | 91 | | 1. The Dean of the Oklahoma State University College of |
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150 | 92 | | Osteopathic Medicine, or a designee; |
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151 | 93 | | 2. The Dean of the Universit y of Oklahoma College of Medicine, |
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152 | 94 | | or a designee; |
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153 | 95 | | 3. The Commissioner of Public Saf ety, or a designee; |
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154 | 96 | | 4. The Director of the Oklahoma St ate Bureau of Investigation, |
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155 | 97 | | or a designee; |
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156 | 98 | | 5. The State Commission er of Health, or a designee; |
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157 | 99 | | 6. The Director of the Council on Law Enforcement Education and |
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158 | 100 | | Training, or a designee; |
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159 | 101 | | 7. One certified peace officer who is a member of a local law |
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160 | 102 | | enforcement agency selected by the Oklahoma Sheriffs and Peace |
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161 | 103 | | Officers Association; and |
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162 | 104 | | 8. One person selected by the Okl ahoma Association of Chiefs of |
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163 | 105 | | Police. |
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164 | 106 | | Members shall serve without pay other than reimbur sement of |
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165 | 107 | | necessary and actual expenses as provide d in the State Travel |
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166 | 108 | | Reimbursement Act. Each member shall receive an appointment in |
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167 | 109 | | writing which shall become a pe rmanent part of the records of the |
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223 | 141 | | necessary for the performance of its funct ions, subject to available |
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224 | 142 | | funding and authorized full -time equivalent employee limitations. |
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225 | 143 | | The Board may expend ap propriated funds for purposes consistent with |
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226 | 144 | | Sections 751 through 761 of this title and Sections 301 through 308 |
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227 | 145 | | of Title 3 of the Oklahom a Statutes. The Legislature shall |
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228 | 146 | | appropriate funds to the Departme nt of Public Safety for the support |
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229 | 147 | | of the Board of Tests For Alcohol and Drug Influence and its |
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230 | 148 | | employees, if any. Upon the transfer of any employees from the |
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231 | 149 | | Alcohol Drug Countermeasure s Unit of the Department of Public Safety |
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232 | 150 | | to the Board of Tests For Alcohol and Drug Influence on July 1, |
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233 | 151 | | 2003, all funds of the Unit appropriated and budgeted shall be |
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234 | 152 | | transferred to the Board, and may be budgeted and expended to |
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235 | 153 | | support the functions and personnel of the Board. |
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298 | 192 | | admissible in evidence: |
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299 | 193 | | 1. Shall have been performed by an individual possessing a |
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300 | 194 | | valid permit issued by the Board of Tests for Alc ohol and Drug |
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301 | 195 | | Influence for this purpose; and |
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302 | 196 | | 2. Shall have been performed on a breath a lcohol measurement |
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303 | 197 | | device appearing on the most cu rrent conforming products list of |
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304 | 198 | | such devices published by the U.S. Department of Transportation in |
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305 | 199 | | the Federal Register, and utilizing a calibrating unit appearing on |
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306 | 200 | | the most current conforming products list of such devices published |
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307 | 201 | | by the U.S. Department of Transportation in the Federal Register; |
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308 | 202 | | 3. Shall have been p erformed on a device maintained by the |
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309 | 203 | | Board of Tests for Alcohol and Drug Influence; and |
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310 | 204 | | 4. Shall have been performed in accordance with the operating |
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311 | 205 | | procedure prescribed by the State D irector of Tests or the Board of |
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312 | 206 | | Test for Alcohol and Drug Influence . |
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313 | 207 | | D. The Board is authorized to prescribe unifor m standards and |
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314 | 208 | | conditions for, and to approve satisfactory methods, procedures, |
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315 | 209 | | techniques, devices, equipment and records for tests and a nalyses |
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371 | 241 | | alcohol concentration, and to issue permits to individuals which |
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372 | 242 | | shall be subject to suspension or revocation at the di scretion of |
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373 | 243 | | the Board. The Board is authorized to prescribe uniform standards, |
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374 | 244 | | conditions, methods, procedures, techn iques, devices, equipment and |
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375 | 245 | | records for the collection, handling, retention, storage, |
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376 | 246 | | preservation and delivery of specimens of blood, b reath, saliva and |
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377 | 247 | | urine obtained for the purpose o f determining the alcohol |
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378 | 248 | | concentration thereof or the presence or c oncentration of any other |
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379 | 249 | | intoxicating substance therein. The Board may take such other |
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380 | 250 | | actions as may be reasonably necessary or appropr iate to effectuate |
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381 | 251 | | the purposes of Sections 751 th rough 761 of this title and Sections |
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382 | 252 | | 301 through 308 of Title 3 of t he Oklahoma Statutes, and may adopt, |
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383 | 253 | | amend and repeal such other rules consistent with this chapter as |
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384 | 254 | | the Board shall determine proper. The Board is authorized to |
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385 | 255 | | delegate authority gra nted in this section to the State Director of |
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386 | 256 | | Tests as it deems appr opriate. |
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387 | 257 | | E. The Board shall promulgate rules ado pting uniform standards |
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388 | 258 | | and conditions and rules approving devices, equipment, methods, |
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389 | 259 | | procedures, techniques, and records for screening t ests administered |
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445 | 291 | | test" means the use of devices, equipment, methods, procedures, |
---|
446 | 292 | | techniques and records by law enforcement officer s at roadside to |
---|
447 | 293 | | assist in the development of prob able cause. |
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448 | 294 | | F. The Board may set rules and charge appropriate fees for |
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449 | 295 | | operations incidental to its required duties and responsibilities. |
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450 | 296 | | G. There is hereby created in the State Treasury a revolving |
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451 | 297 | | fund for the Board of Tests for Alcohol and Drug Influe nce to be |
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452 | 298 | | designated the "Board of Tests for Alcohol and Drug Influe nce |
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453 | 299 | | Revolving Fund". The fund shall be a continu ing fund, not subject |
---|
454 | 300 | | to fiscal year limitations, and shall consist of monies received |
---|
455 | 301 | | pursuant to the provisions of subsection F of this s ection and any |
---|
456 | 302 | | funds previously deposited in the Board of Tests for Alcohol and |
---|
457 | 303 | | Drug Influence Revolving Fund. All m onies accruing to the credit of |
---|
458 | 304 | | the fund are hereby appropriated and may be budgeted and expended by |
---|
459 | 305 | | the Board of Tests for Alcohol and Dru g Influence for operating |
---|
460 | 306 | | expenses of the Board. Expenditures from the funds shall be made |
---|
461 | 307 | | upon warrants issued by t he State Treasurer against claims filed as |
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462 | 308 | | prescribed by law with the Director of the Off ice of Management and |
---|
463 | 309 | | Enterprise Services for appr oval and payment. |
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514 | | - | SECTION 2. AMENDATORY 63 O.S. 2 021, Section 330.52, is |
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515 | | - | amended to read as follows: |
---|
516 | | - | Section 330.52 A. There is hereby re-created, to continue |
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517 | | - | until July 1, 2022 July 1, 2025, in accordance with the provisions |
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518 | | - | of the Oklahoma Sunset Law, the Oklahoma State Board of Examiners |
---|
519 | | - | for Long-Term Care Administrators. The Oklahoma Stat e Board of |
---|
520 | | - | Examiners for Long-Term Care Administrators shall consist of fifteen |
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521 | | - | (15) members, eight of whom shall be representatives of th e |
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522 | | - | professions and institutions of long -term care, with representation |
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523 | | - | from each type of administrator defined in Secti on 330.51 of this |
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524 | | - | title. In order to be e ligible to serve as a member, such |
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525 | | - | administrators shall be licensed or certified in their define d |
---|
526 | | - | facility type, and be in good standing and have at least three (3) |
---|
527 | | - | years of experience as an administrator in the fa cility type they |
---|
528 | | - | represent, except a nursi ng facility administrator as defined in |
---|
529 | | - | Section 330.51 of this title, who shall have at least fi ve (5) years |
---|
530 | | - | of experience as a nursing facility administrator. Four member s |
---|
531 | | - | shall represent the general public, of w hich at least two shall be |
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532 | | - | licensed medical professionals concerned with the care and tr eatment |
---|
533 | | - | of critically ill or infirm elderly patien ts. The preceding twelve |
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534 | | - | members shall be appointed by the Governor, with t he advice and |
---|
535 | | - | consent of the Senate. The final three members shall constitute the |
---|
536 | | - | State Commissioner of Health, the Director of t he Department of |
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537 | | - | SB1617 HFLR Page 8 |
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| 341 | + | exercise the functions and perform the duties hereinafter |
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| 342 | + | prescribed. |
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| 343 | + | B. The Commission shall be composed of eleven (11) members as |
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| 344 | + | follows: |
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| 345 | + | 1. The Director of the Office of Management and Ent erprise |
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| 346 | + | Services or his or her designee, who shall be ex officio chair of |
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| 347 | + | the Capitol-Medical Center Improvement and Zoning Commission; |
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| 348 | + | 2. The Director of the Transportation Commission or his or her |
---|
| 349 | + | designee; |
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| 350 | + | 3. The President of the University of Oklahom a or his or her |
---|
| 351 | + | designee; |
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| 352 | + | 4. Two members appointed by the Presi dent Pro Tempore of the |
---|
| 353 | + | Senate; |
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| 354 | + | 5. Two members appointed by the Speaker of the House of |
---|
| 355 | + | Representatives; |
---|
| 356 | + | 6. The Chair of the Planning Commission of Oklahoma City or his |
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| 357 | + | or her designee; |
---|
| 358 | + | 7. The Chair of the Long-Range Capital Planning Commission; and |
---|
| 359 | + | 8. Two members of the Commission appointed by the Governor, |
---|
| 360 | + | with the advice and consent of the State Senate, for four -year |
---|
| 361 | + | staggered terms with one term expiring on January 31 of each even - |
---|
| 362 | + | numbered year. |
---|
| 363 | + | C. One of the two members shall be appointed upon the |
---|
| 364 | + | recommendation of the Citizens' Advisory Committee. The Commission |
---|
| 365 | + | |
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| 366 | + | ENGR. S. B. NO. 1617 Page 8 1 |
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587 | | - | Human Services, and the Director of the Department of Mental Health |
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588 | | - | and Substance Abuse Services, or their de signees. |
---|
589 | | - | B. No members other than the eig ht licensed or certified |
---|
590 | | - | administrators shall have a direct or indirect financial intere st in |
---|
591 | | - | long-term care facilities. |
---|
592 | | - | C. Effective November 1, 2011, all appointed positions of the |
---|
593 | | - | current Board shall be deemed vacant. The Governor shall make |
---|
594 | | - | initial appointments pursuant to the provisions of this subsection. |
---|
595 | | - | Initial appointments shall b ecome effective on November 1, 2011. |
---|
596 | | - | The new members of the Board shall be initially appointed as |
---|
597 | | - | follows: |
---|
598 | | - | 1. Four of the members representing each administrator type , |
---|
599 | | - | two members representing the general pub lic and two other members |
---|
600 | | - | shall be appointed f or a term of two (2) years to expire on October |
---|
601 | | - | 31, 2013; and |
---|
602 | | - | 2. Four of the members representing each administrator type, |
---|
603 | | - | two members representing the general public and one other member |
---|
604 | | - | shall be appointed fo r a term of three (3) years to expire on |
---|
605 | | - | October 31, 2014. |
---|
606 | | - | D. After the initial terms, the term s of all appointive members |
---|
607 | | - | shall be three (3) years. Any vacancy occurring in the position of |
---|
608 | | - | an appointive member s hall be filled by the Governor, with the |
---|
609 | | - | advice and consent of the Senate, for the unexp ired term. |
---|
610 | | - | SB1617 HFLR Page 9 |
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611 | | - | BOLD FACE denotes Committee Amendments. 1 |
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| 391 | + | is authorized to appoint and hire a Director, who shall serve as the |
---|
| 392 | + | chief administrative officer of the Commission, and ot her necessary |
---|
| 393 | + | personnel. The Attorney General of the State of O klahoma shall be |
---|
| 394 | + | the legal advisor to the Commission in the same capacity as he or |
---|
| 395 | + | she is to other boards and commissions. |
---|
| 396 | + | D. At least one of the members appointed by the President Pro |
---|
| 397 | + | Tempore of the Senate and the Speaker of the House of |
---|
| 398 | + | Representatives shall be a resident within the boundaries of the |
---|
| 399 | + | Capitol-Medical Center Improvement and Zoning District as set forth |
---|
| 400 | + | in Section 83 of this title. |
---|
| 401 | + | SECTION 3. AMENDATORY 74 O.S. 2021, Section 7005, is |
---|
| 402 | + | amended to read as follows: |
---|
| 403 | + | Section 7005. A. The Oversight Committee for State Employee |
---|
| 404 | + | Charitable Contributions shall be composed of the Director of the |
---|
| 405 | + | Office of Management a nd Enterprise Services, or designee and six |
---|
| 406 | + | state employees, of which two shall be appointed by the Governor, |
---|
| 407 | + | two shall be appointed by the President Pro Tempore of the Senate |
---|
| 408 | + | and two shall be appointed by the Speaker of the House of |
---|
| 409 | + | Representatives. Memb ers shall serve at the pleasure of their |
---|
| 410 | + | appointing authorities. The provisions of Section 6 of Title 51 of |
---|
| 411 | + | the Oklahoma Statutes shall not apply to appointments to the |
---|
| 412 | + | Committee. The Committee is re-created to continue until July 1, |
---|
| 413 | + | 2022 July 1, 2025, in accordance with the provisions of the Oklaho ma |
---|
| 414 | + | Sunset Law. |
---|
| 415 | + | |
---|
| 416 | + | ENGR. S. B. NO. 1617 Page 9 1 |
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660 | | - | E. Any member of the Board shall recus e himself or herself from |
---|
661 | | - | voting on any matter that originated from or invol ves an entity with |
---|
662 | | - | which the Board member is affiliated. |
---|
663 | | - | SECTION 3. AMENDATORY 73 O.S. 2021, Section 83. 1, is |
---|
664 | | - | amended to read as follows: |
---|
665 | | - | Section 83.1 A. There is hereby re -created to continue until |
---|
666 | | - | July 1, 2022 July 1, 2025, in accordance with the Oklahoma Sunset |
---|
667 | | - | Law, a Capitol-Medical Center Improvement and Z oning Commission to |
---|
668 | | - | exercise the functions an d perform the duties hereinafter |
---|
669 | | - | prescribed. |
---|
670 | | - | B. The Commission shall be composed of eleven (11) members as |
---|
671 | | - | follows: |
---|
672 | | - | 1. The Director of the Office of Management and Ent erprise |
---|
673 | | - | Services or his or her designee, w ho shall be ex officio chair of |
---|
674 | | - | the Capitol-Medical Center Improvement and Zoning Commission; |
---|
675 | | - | 2. The Director of the Transportation Commission or his or her |
---|
676 | | - | designee; |
---|
677 | | - | 3. The President of the University of Oklahom a or his or her |
---|
678 | | - | designee; |
---|
679 | | - | 4. Two members appointed by the President Pro Tempore of the |
---|
680 | | - | Senate; |
---|
681 | | - | 5. Two members appointed by the Speaker of the House of |
---|
682 | | - | Representatives; |
---|
683 | | - | SB1617 HFLR Page 10 |
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684 | | - | BOLD FACE denotes Committee Amendments. 1 |
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708 | | - | 1 |
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| 441 | + | B. The Committee annually shall elect a chairma n from its |
---|
| 442 | + | membership. The Director of the Office of Management and Ente rprise |
---|
| 443 | + | Services shall serve as chairman until the first such election. |
---|
| 444 | + | C. The Oversight Committee for State Employee Ch aritable |
---|
| 445 | + | Contributions shall have the following duties and resp onsibilities: |
---|
| 446 | + | 1. Arrange for publication of information about the applic ation |
---|
| 447 | + | process; |
---|
| 448 | + | 2. Review applications of federations electing to particip ate |
---|
| 449 | + | in the State Charitable Campaign and certi fy that a federation and |
---|
| 450 | + | each of its member agencies meet the e ligibility criteria set forth |
---|
| 451 | + | in Sections 7009 and 7010 of this title; |
---|
| 452 | + | 3. Notify in writing each of the applying federations of its |
---|
| 453 | + | acceptance or rejection. Provided, if a federation is rejec ted, the |
---|
| 454 | + | Committee shall provide the reason for rejection of ea ch of the |
---|
| 455 | + | member agencies of the federation; |
---|
| 456 | + | 4. Hear appeals of rejected agencies; |
---|
| 457 | + | 5. Delegate to the principal combined fund -raising organization |
---|
| 458 | + | the primary responsibility for the staffing and the financial |
---|
| 459 | + | obligations necessary to comply with the prov isions of this |
---|
| 460 | + | subsection; |
---|
| 461 | + | 6. Develop a pledge card to be used throughou t the State |
---|
| 462 | + | Charitable Campaign; |
---|
| 463 | + | |
---|
| 464 | + | ENGR. S. B. NO. 1617 Page 10 1 |
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733 | | - | 6. The Chair of the Planning Commission of Oklahoma City or his |
---|
734 | | - | or her designee; |
---|
735 | | - | 7. The Chair of the Long-Range Capital Planni ng Commission; and |
---|
736 | | - | 8. Two members of the Com mission appointed by the Governor, |
---|
737 | | - | with the advice and consent of the State Senate, for four -year |
---|
738 | | - | staggered terms with one term expiring on January 31 of each even - |
---|
739 | | - | numbered year. |
---|
740 | | - | C. One of the two members shall be appointed upon the |
---|
741 | | - | recommendation of the Citizens’ Advisory Committee. The Commission |
---|
742 | | - | is authorized to appoint and hire a Director, who shall serve as the |
---|
743 | | - | chief administrative officer of the Commission, and ot her necessary |
---|
744 | | - | personnel. The Attorney Gen eral of the State of Oklahoma shall be |
---|
745 | | - | the legal advisor to the Commission in the same capacity as he or |
---|
746 | | - | she is to other boards and commissions. |
---|
747 | | - | D. At least one of the members appointed by the President Pro |
---|
748 | | - | Tempore of the Senate and the Speaker of the Hou se of |
---|
749 | | - | Representatives shall be a resident wit hin the boundaries of the |
---|
750 | | - | Capitol-Medical Center Improvement and Zoning District as set forth |
---|
751 | | - | in Section 83 of this title. |
---|
752 | | - | SECTION 4. AMENDATORY 74 O.S. 2021, Section 7005, is |
---|
753 | | - | amended to read as follows: |
---|
754 | | - | Section 7005. A. The Oversight Committee for State Employee |
---|
755 | | - | Charitable Contributions shall be composed of the Director of the |
---|
756 | | - | Office of Management a nd Enterprise Services, or designee and six |
---|
757 | | - | SB1617 HFLR Page 11 |
---|
758 | | - | BOLD FACE denotes Committee Amendments. 1 |
---|
759 | | - | 2 |
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760 | | - | 3 |
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761 | | - | 4 |
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| 489 | + | 7. Select a principal combined fund -raising organization to |
---|
| 490 | + | assist the Committee in ga thering and accumulating the applications; |
---|
| 491 | + | and |
---|
| 492 | + | 8. Promulgate rules to implement the provisions of the Oklahoma |
---|
| 493 | + | State Employee Charitabl e Contribution Act. |
---|
| 494 | + | D. The Office of Management and Enterprise Services shall |
---|
| 495 | + | provide such staff support as is required by the Committee. |
---|
| 496 | + | E. The Oversight Committee for State Employ ee Charitable |
---|
| 497 | + | Contributions is authorized to appoint such advisory counci ls and |
---|
| 498 | + | task forces as it deems necessary for counsel, advice and review |
---|
| 499 | + | concerning the formulation and administration of the rules, |
---|
| 500 | + | application review process and the implementation o f the Oklahoma |
---|
| 501 | + | State Employee Charitable Contribution Act. |
---|
| 502 | + | SECTION 4. This act shall become effective July 1, 2022. |
---|
| 503 | + | SECTION 5. It being immediately necessary f or the preservation |
---|
| 504 | + | of the public peace, health or safety, an e mergency is hereby |
---|
| 505 | + | declared to exist, by reason whereof this act shall ta ke effect and |
---|
| 506 | + | be in full force from and after its passage and approval. |
---|
| 507 | + | |
---|
| 508 | + | ENGR. S. B. NO. 1617 Page 11 1 |
---|
807 | | - | state employees, of which two shall be appo inted by the Governor, |
---|
808 | | - | two shall be appointed by the President Pro Tempore of the Senate |
---|
809 | | - | and two shall be appointed by the Speaker of the House of |
---|
810 | | - | Representatives. Memb ers shall serve at the pleasure of their |
---|
811 | | - | appointing authorities. The provisions of Sec tion 6 of Title 51 of |
---|
812 | | - | the Oklahoma Statutes s hall not apply to appointments to the |
---|
813 | | - | Committee. The Committee is re-created to continue until July 1, |
---|
814 | | - | 2022 July 1, 2025, in accordance with the provisions of the Oklaho ma |
---|
815 | | - | Sunset Law. |
---|
816 | | - | B. The Committee annually shall elect a chairman from its |
---|
817 | | - | membership. The Director of the Office of Management and Ente rprise |
---|
818 | | - | Services shall serve as chairman until the first such election. |
---|
819 | | - | C. The Oversight Committee for State Employee Ch aritable |
---|
820 | | - | Contributions shall have the fol lowing duties and responsibilities: |
---|
821 | | - | 1. Arrange for publication of information about the applic ation |
---|
822 | | - | process; |
---|
823 | | - | 2. Review applications of federations electing to particip ate |
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824 | | - | in the State Charitable Campaign and certi fy that a federation and |
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825 | | - | each of its member agencies meet the eligibility criteria set forth |
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826 | | - | in Sections 7009 and 7010 of this title; |
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827 | | - | 3. Notify in writing each of the applying federations of its |
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828 | | - | acceptance or rejection. Provided, if a federation is rejec ted, the |
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829 | | - | Committee shall provide the reas on for rejection of each of the |
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830 | | - | member agencies of the federation; |
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831 | | - | SB1617 HFLR Page 12 |
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832 | | - | BOLD FACE denotes Committee Amendments. 1 |
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833 | | - | 2 |
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834 | | - | 3 |
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835 | | - | 4 |
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836 | | - | 5 |
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| 533 | + | Passed the Senate the 8th day of March, 2022. |
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881 | | - | 4. Hear appeals of rejected agencies; |
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882 | | - | 5. Delegate to the principal combined fund -raising organization |
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883 | | - | the primary responsibility for the staffing and the financial |
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884 | | - | obligations necessary t o comply with the provisions of this |
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885 | | - | subsection; |
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886 | | - | 6. Develop a pledge card to be used throughou t the State |
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887 | | - | Charitable Campaign; |
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888 | | - | 7. Select a principal combined fund -raising organization to |
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889 | | - | assist the Committee in ga thering and accumulating the applications ; |
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890 | | - | and |
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891 | | - | 8. Promulgate rules to implement the p rovisions of the Oklahoma |
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892 | | - | State Employee Charitabl e Contribution Act. |
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893 | | - | D. The Office of Management and Enterprise Services shal l |
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894 | | - | provide such staff support as is required by the Committee. |
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895 | | - | E. The Oversight Comm ittee for State Employee Charitable |
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896 | | - | Contributions is authorized to appoint such advisory counci ls and |
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897 | | - | task forces as it deems necessary for counsel, advice and review |
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898 | | - | concerning the formulation and administration of the rules, |
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899 | | - | application review process an d the implementation of the Oklahoma |
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900 | | - | State Employee Charitable Contribution Act. |
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901 | | - | SECTION 5. This act shall become effective July 1, 2022. |
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902 | | - | SECTION 6. It being immediately necessary f or the preservation |
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903 | | - | of the public peace, health or safety, an emergency is hereby |
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904 | | - | SB1617 HFLR Page 13 |
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905 | | - | BOLD FACE denotes Committee Amendments. 1 |
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906 | | - | 2 |
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907 | | - | 3 |
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908 | | - | 4 |
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