Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB1848 Compare Versions

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3		-	ENGR. H. A. to ENGR. S. B. NO. 1848 Page 1 1
	3	+	SB1848 HFLR Page 1
	4	+	BOLD FACE denotes Committee Amendments. 1
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28		-	ENGROSSED HOUSE AMENDME NT
29		-	TO
30		-	ENGROSSED SENATE BILL NO . 1848 By: Montgomery of the Senate
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
	30	+
	31	+	STATE OF OKLAHOMA
	32	+
	33	+	2nd Session of the 58th Legislature (2022)
	34	+
	35	+	COMMITTEE SUBSTITUTE
	36	+	FOR ENGROSSED
	37	+	SENATE BILL NO. 1848 By: Montgomery of the Senate
31	38
32	39		and
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34	41		Hilbert of the House
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	47	+	COMMITTEE SUBSTITUTE
40	48
41		-
42		-	[ medical marijuana tax - apportionment - Drug and
43		-	Alcohol Abuse Revolving Fund - codification -
44		-	effective date -
	49	+	[ revenue and taxation - medical marijuana -
	50	+	apportionment - effective date –
45	51		emergency ]
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48	54
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50		-	AUTHOR: Add the following House Coauthor: Hardin (David)
	56	+	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
	57	+	SECTION 1. AMENDATORY 63 O.S. 2021, Section 426, as
	58	+	amended by Section 2, Chapter 563, O.S.L. 2021, is amended to read
	59	+	as follows:
	60	+	Section 426. A. The tax on retail medical marijuana sales will
	61	+	be established at seven percent (7%) of the gross amount received by
	62	+	the seller.
	63	+	B. This tax will be collected at the point of sale. Except as
	64	+	provided for in subsection D C of this section, tax proceeds will be
51	65
52		-	AMENDMENT NO. 1. Strike the stricken title, enacting clause, and
53		-	entire bill and insert:
54		-
55		-
56		-
57		-
58		-	"An Act relating to revenue and taxation; amending 63
59		-	O.S. 2021, Sections 426 and 427.3, which relate to
60		-	the Oklahoma Medical Marijuana Authority; modifying
61		-	apportionment of excise tax proceeds; directing
62		-	Authority to establish certain programs and
63		-	providing funding; creating County Sheriff Public
64		-	Safety Grant Revolving Fund; providing for use of
65		-	apportioned funds by Authority; prescribing
66		-	procedures for expenditures; amending 68 O.S. 2021,
67		-	Section 1353, which rel ates to sales tax revenue;
68		-	directing apportionment of certain sales tax
69		-	revenues; setting maximum appo rtionment amount;
70		-	subjecting amounts to certain final estimate;
71		-	requiring surplus amounts be remitted to General
72		-	Revenue Fund; amending 70 O.S. 2021, Section 3-104,
73		-	which relates to the State Board of Education;
74		-	updating statutory citations ; establishing deadline
75		-
76		-	ENGR. H. A. to ENGR. S. B. NO. 1848 Page 2 1
	66	+	SB1848 HFLR Page 2
	67	+	BOLD FACE denotes Committee Amendments. 1
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101		-	for Department of Education to provide certain
102		-	information to the Oklahoma Tax Commission ;
103		-	providing for codification; providing an effective
104		-	date; and declaring an emergency.
105		-
106		-
107		-
108		-
109		-	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
110		-	SECTION 1. AMENDATORY 63 O. S. 2021, Section 426 , is
111		-	amended to read as follo ws:
112		-	Section 426. A. The tax on retail medical marijuana sales will
113		-	be established at seven percent (7%) of the gross amount recei ved by
114		-	the seller.
115		-	B. This tax will be collected at the point of sale. Exc ept as
116		-	provided for in subsection D C of this section, tax proceeds will be
117	92		applied primarily to finance the regulatory office shall be
118	93		appropriated in amounts as authorized by the Oklahoma Legislature .
119	94		C. Except as provided for in subsection D, if For the fiscal
120	95		year beginning July 1, 2022, and each su bsequent fiscal year,
121	96		proceeds from the levy authorized by subsection A of this section
122	97		exceed the budgeted amount for running the regulatory office, any
123	98		surplus shall be apportioned with seventy-five percent (75%) g oing
124	99		to the General Revenue Fund and may only be expended for common
125	100		education including as follows:
126	101		1. Thirty-five and seven-tenths percent (35.7%) of the total
127	102		proceeds of the levy to the Oklahoma Medical Marijuana Authority
128	103		Revolving Fund for operation s, but in no event shall the total
	104	+	amount apportioned in any fiscal year pursuant to this paragraph
	105	+	exceed Twenty-three Million Six Hundred Thousand Dollars
	106	+	($23,600,000.00);
	107	+	2. Forty-four and six hundred twenty -five thousandths percent
	108	+	(44.625%) of the total proceeds of the levy to the State P ublic
	109	+	Common School Building Equalization Fund for the purpose of funding
	110	+	redbud school grants pursuant to Section 3 -104 of Title 70 of the
	111	+	Oklahoma Statutes. Twenty-five percent (25%) shall be apportioned ,
	112	+	but in no event shall the total amount apportion ed in any fiscal
	113	+	year pursuant to this paragraph exceed the amount of redbud school
	114	+	grant funds awarded pursuant to subsection B of Section 3 -104 of
	115	+	Title 70 of the Oklahoma Statutes;
129	116
130		-	ENGR. H. A. to ENGR. S. B. NO. 1848 Page 3 1
	117	+	SB1848 HFLR Page 3
	118	+	BOLD FACE denotes Committee Amendments. 1
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155		-	amount apportioned in any fiscal year pursuant to this paragraph
156		-	exceed Twenty-three Million Six Hundred Thousand Dollars
157		-	($23,600,000.00);
158		-	2. Forty-four and six hundred twenty-five thousandths percent
159		-	(44.625%) of the total proceeds of the levy to the State P ublic
160		-	Common School Building Equalization Fund for the purpose of funding
161		-	redbud school grants pursuant to Section 3 -104 of Title 70 of the
162		-	Oklahoma Statutes. Twenty-five percent (25%) shall be apportioned ,
163		-	but in no event shall the total amount apportion ed in any fiscal
164		-	year pursuant to this paragraph exceed the amount of redbud school
165		-	grant funds awarded pursuant to subsection B of Section 3-104 of
166		-	Title 70 of the Oklahoma Statutes;
167	143		3. Fourteen and eight hundred seventy-five thousandths percent
168	144		(14.875%) of the total proceeds of the levy to the Oklahoma State
169	145		Department of Mental Health and Substance Abuse Services and
170		-	earmarked for drug and alcohol rehabilitation ., but in no event
171		-	~~shall~~ the total amount ~~apportioned~~ in any fiscal year pursuant to
172		-	~~this~~ paragraph exceed Ten Million Dollars ($10,000,000.00);
	146	+	earmarked for drug and alcohol rehabilitation , but in no event shall
	147	+	the total amount apportione d in any fiscal year pursuant to this
	148	+	paragraph exceed Ten Million Dollars ($10,000,000.00); and
173	149		4. Four and eight-tenths percent (4.8%) of the total proceeds
174	150		of the levy to the County Sheriff Public Safety Grant Revolving Fund
175		-	created pursuant to Section 3 of this act , but in no event shall the
176		-	total amount apportioned in any fiscal year pursuant to this
177		-	paragraph exceed Three Million Two Hundred Thousand Dollars
178		-	($3,200,000.00); and
	151	+	created in Engrossed House Bill No. 3530 of the 2nd Session of the
	152	+	58th Oklahoma Legislature, but in no event shall the total amount
	153	+	apportioned in any fiscal year pursuant to this paragraph exceed
	154	+	Three Million Two Hundred Thousand Dollars ($3,200,000.00) .
	155	+	D. For fiscal year 2022, proceeds from the levy authorized by
	156	+	subsection A of this section shall be apportioned as follows:
	157	+	1. The first Sixty-five Million Dollars ($65,000,000.00) shall
	158	+	be apportioned as follows:
	159	+	a. fifty-nine and twenty-three hundredths percent
	160	+	(59.23%) to the State Public Common School Building
	161	+	Equalization Fund,
	162	+	b. thirty-four and sixty-two hundredths percent (34.62%)
	163	+	to the Oklahoma Medical Marijuana Authority, a
	164	+	division within the Oklahoma State Department of
	165	+	Health, and
179	166
180		-	ENGR. H. A. to ENGR. S. B. NO. 1848 Page 4 1
	167	+	SB1848 HFLR Page 4
	168	+	BOLD FACE denotes Committee Amendments. 1
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205		-	D. For fiscal year 2022 , proceeds from the levy authorized by
206		-	subsection A of this section shall be apportioned as follows:
207		-	1. The first Sixty-five Million Dollars ($65,000,000.00) shall
208		-	be apportioned as follows:
209		-	a. fifty-nine and twenty-three hundredths percent
210		-	(59.23%) to the State Public Common School Building
211		-	Equalization Fund,
212		-	b. thirty-four and sixty-two hundredths percent (34.62%)
213		-	to the Oklahoma Medical Marijuana Authority, a
214		-	division within the Oklahoma State Department of
215		-	Health, and
216	193		c. six and fifteen hundredths perce nt (6.15%) to the
217	194		Oklahoma State Departm ent of Health and earmarked for
218	195		drug and alcohol rehabilitation; and
219		-	2. 5. Any surplus collections available pursuant to the
220		-	provisions of this subsection shall be apportioned to the Genera l
	196	+	2. Any surplus collections shall be apportioned to the General
221	197		Revenue Fund of the State Treasury.
222		-	SECTION 2. AMENDATORY 63 O.S. 2021, ~~Se ction 427.3~~, is
	198	+	SECTION 2. AMENDATORY 6 8 O.S. 2021, Section 1353, is
223	199		amended to read as follows:
224		-	Section 427.3 A. There is hereby created the Oklahoma Medical
225		-	Marijuana Authority within the State Departmen t of Health which
226		-	shall address issues related to t he medical marijuana program in
227		-	Oklahoma including, but not limited to, the issuance of patient
228		-	licenses and medical marijuana business licenses, and the
	200	+	Section 1353. A. It is hereby declared to be the purpose of
	201	+	the Oklahoma Sales Tax Code to provide funds for the financing of
	202	+	the program provided for by the Oklahoma Social Security Act and to
	203	+	provide revenues for the support of the fu nctions of the state
	204	+	government of Oklahoma, and for this purpose it is hereby expressly
	205	+	provided that, revenues derived pursuant to the provisions of the
	206	+	Oklahoma Sales Tax Code, subject to the apportionment require ments
	207	+	for the Oklahoma Tax Commission an d Office of Management and
	208	+	Enterprise Services Joint Computer Enhancement Fund provided by
	209	+	Section 265 of this title, shall be apportioned as follows:
	210	+	1. Except as provided in subsections C and D of this section,
	211	+	the following amounts shall be paid to the State Treasurer to be
	212	+	placed to the credit of the General Revenue Fund to be paid out
	213	+	pursuant to direct appropriation by the Legislature:
	214	+	Fiscal Year Amount
	215	+	FY 2003 and FY 2004 86.04%
	216	+	FY 2005 85.83%
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230		-	ENGR. H. A. to ENGR. S. B. NO. 1848 Page 5 1
	218	+	SB1848 HFLR Page 5
	219	+	BOLD FACE denotes Committee Amendments. 1
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255		-	~~dispensing, cultivating,~~ ~~processing, testing,~~ ~~trans porting, storage,~~
256		-	~~research, and the use of and sale of medical marijuana pursuant to~~
257		-	~~the Oklahoma Medical Marijuana and Patient Protection Act.~~
258		-	~~B. The Department sh all provide support staff to perform~~
259		-	~~designated duties of the Authority~~. ~~The Department sh all also~~
260		-	~~provide office space for meetings of~~ the ~~A uthority.~~
261		-	C. The ~~Department shall implement the pr ovisions~~ of the
262		-	~~Oklahoma Medical Marijuana and Patient Protecti on Act consistently~~
263		-	~~with the voter-approved State Question No~~. ~~788~~, ~~Initiative Petition~~
264		-	No. ~~412~~, ~~subject to the provisions of the Oklahoma Med ical Marijuana~~
265		-	and ~~Patient Protection Act.~~
266		-	D. ~~The Department shall exercise its respective powers and~~
267		-	~~perform its respective duties and functions as specified in the~~
268		-	~~Oklahoma Medical Marijuana and Patient Protection Act and this title~~
269		-	~~including~~, ~~but not l imited to~~, ~~the following:~~
270		-	1. ~~Determine steps the s tate shall take~~, ~~whether administrative~~
271		-	~~or legislative in natur e~~, ~~to ensure that research on marijuana and~~
272		-	~~marijuana products is being conducted for publi c purposes~~, ~~including~~
273		-	~~the advancement of:~~
274		-	a. ~~public health policy~~ and ~~public safety policy~~,
275		-	b. ~~agronomic and horticultural best practices, and~~
276		-	c. ~~medical and pharmacopoeia best practices;~~
277		-	~~2. Contract with third-party~~ ~~vendors and other governmental~~
278		-	~~entities in order to carry out the respective duties and f unctions~~
	244	+	FY 2006 85.54%
	245	+	FY 2007 85.04%
	246	+	FY 2008 through FY 2022 83.61%
	247	+	FY 2023 through FY 2027 83.36%
	248	+	FY 2028 and each fiscal year thereafter 83.61%;
	249	+	2. The following amounts shall be paid to the State Treasurer
	250	+	to be placed to the credit of the Education Reform Revolving Fund of
	251	+	the State Department of Education:
	252	+	a. for FY 2003, FY 2004 and FY 2005, ten and forty -two
	253	+	one-hundredths percent (10.42%),
	254	+	b. for FY 2006 through FY 2020, ten and forty -six one-
	255	+	hundredths percent (10.46%),
	256	+	c. for FY 2021:
	257	+	(1) for the month beginning July 1, 2020, through the
	258	+	month ending August 31, 2020, ten and forty -six
	259	+	one-hundredths percent (10.46%), and
	260	+	(2) for the month beginning September 1, 2020,
	261	+	through the month ending June 30, 2021, eleven
	262	+	and ninety-six one-hundredths percent (11.96%),
	263	+	d. for FY 2022 and each fiscal year thereafter, ten and
	264	+	forty-six one-hundredths percent (10.46%);
	265	+	3. The following amounts shall be paid to the State Treasurer
	266	+	to be placed to the credit of the Teachers' Retirement System
	267	+	Dedicated Revenue Revolving Fund:
279	268
280		-	ENGR. H. A. to ENGR. S. B. NO. 1848 Page 6 1
	269	+	SB1848 HFLR Page 6
	270	+	BOLD FACE denotes Committee Amendments. 1
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305		-	as specified in the Oklahoma Medical Marij uana and Patient
306		-	Protection Act;
307		-	3. Upon complaint or upon its own motion and upon a comp leted
308		-	investigation, levy fines as prescribed in applicable laws , rules
309		-	and regulations and suspend, revoke or not renew licenses pursuant
310		-	to applicable laws, rules a nd regulations;
311		-	4. Issue subpoenas for the appearance or production of persons,
312		-	records and things in connection with disciplinary or contested
313		-	cases considered by the Department;
314		-	5. Apply for injunctive or declaratory relief to enforce the
315		-	provisions of applicable laws, rules and regulations;
316		-	6. Inspect and examine all licensed premises of medical
317		-	marijuana businesses, research facilities, education fac ilities and
318		-	waste disposal facilities in which medi cal marijuana is cultivated,
319		-	manufactured, sold, st ored, transported, tested, distributed or
320		-	disposed of;
321		-	7. Upon action by the federal gove rnment by which the
322		-	production, sale and use of marijuana in Okl ahoma does not violate
323		-	federal law, work with the O klahoma State Banking Department and the
324		-	State Treasurer to develop good practices and standards for banking
325		-	and finance for medical marijuan a businesses;
326		-	8. Establish internal control procedures for lice nses including
327		-	accounting procedures, reporting pro cedures and personnel policies;
	295	+	Fiscal Year Amount
	296	+	FY 2003 and FY 2004 3.54%
	297	+	FY 2005 3.75%
	298	+	FY 2006 4.0%
	299	+	FY 2007 4.5%
	300	+	FY 2008 through FY 2020 5.0%
	301	+	FY 2021:
	302	+	a. for the month beginning July
	303	+	1, 2020, through the month
	304	+	ending August 31, 2020 5.0%
	305	+	b. for the month beginning
	306	+	September 1, 2020, throug h
	307	+	the month ending June 30,
	308	+	2021 3.5%
	309	+	FY 2022 5.0%
	310	+	FY 2023 through FY 2027 5.25%
	311	+	FY 2028 and each fiscal year thereafter 5.0%;
	312	+	4. a. except as otherwise provided in subparagraph b of this
	313	+	paragraph, for the fiscal year beginning July 1, 2015,
	314	+	and for each fiscal year thereafter, eighty -seven one-
	315	+	hundredths percent (0.87%) shall be paid to the State
	316	+	Treasurer to be further apportioned as follows:
	317	+	(1) thirty-six percent (36%) shall be placed to the
	318	+	credit of the Oklahoma Tourism Promotion
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329		-	ENGR. H. A. to ENGR. S. B. NO. 1848 Page 7 1
	320	+	SB1848 HFLR Page 7
	321	+	BOLD FACE denotes Committee Amendments. 1
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354		-	~~9. Establish a fee schedule and collect fees for performing~~
355		-	~~background checks as the Commissioner deems appr opriate. The fees~~
356		-	~~charged pursuant to this paragraph shall not exceed the actual cost~~
357		-	~~incurred for each background check;~~
358		-	~~10. Establish a fee schedule and collect fees for material~~
359		-	~~changes requested by the licensee;~~ ~~and~~
360		-	~~11. Establish regulations,~~ ~~which require a medical marijuana~~
361		-	~~business to submit information to t he Oklahoma Medical Marijuana~~
362		-	~~Authority, deemed rea sonably necessary to assist~~ the ~~Authority in~~
363		-	~~the prevention~~ of ~~diversion of medical marijuana by a licensed~~
364		-	~~medical marijuana business. Such information required by~~ the
365		-	~~Authority may include~~, ~~but shall no t be limited to:~~
366		-	~~a. the square footage of the licen sed premises~~,
367		-	~~b. a diagram~~ of the ~~licensed premises ,~~
368		-	~~c. the number~~ and ~~type of lights at the licensed medical~~
369		-	~~marijuana commercial grower bus iness,~~
370		-	d. the ~~number~~, ~~type and production capacity of equipment~~
371		-	~~located at~~ the ~~medical marijuana processing facilit y,~~
372		-	e. the ~~names, addresses and telephone numbers~~ of
373		-	~~employees or agents of a medical marijuana business~~,
374		-	~~f. employment manuals and standard o perating procedures~~
375		-	~~for the medical marijuana business,~~ ~~and~~
376		-	~~g. any other information as~~ the ~~Authority reasonably~~
377		-	~~deems necessary;~~ ~~and~~
	346	+	Revolving Fund, but in no event shall such
	347	+	apportionment exceed Five Million Dollars
	348	+	($5,000,000.00) in any fiscal year, and
	349	+	(2) sixty-four percent (64%) shall be placed to the
	350	+	credit of the Oklahoma Tourism Capital
	351	+	Improvement Revolving Fund, but in no event shall
	352	+	such apportionment exceed Nine Million Dollars
	353	+	($9,000,000.00) in any fiscal year, and
	354	+	b. any amounts which exceed the limitations of
	355	+	subparagraph a of this paragraph shall be placed to
	356	+	the credit of the General Revenue Fund; and
	357	+	5. For the fiscal year beginning Ju ly 1, 2015, and for each
	358	+	fiscal year thereafter, six one-hundredths percent (0.06%) shall be
	359	+	placed to the credit of the Oklahoma Historical Society Capital
	360	+	Improvement and Operations Revolving Fund, but in no event shall
	361	+	such apportionment exceed the tota l amount apportioned pursuant to
	362	+	this paragraph for the fiscal year ending on June 30, 2015. Any
	363	+	amounts which exceed the limitations of this paragraph shall be
	364	+	placed to the credit of the General Revenue Fund.
	365	+	B. Provided, for the fiscal year beginning July 1, 2007, and
	366	+	every fiscal year ther eafter, an amount of revenue shall be
	367	+	apportioned to each municipality or county which levies a sales tax
	368	+	subject to the provisions of Section 1357.10 of this title and
	369	+	subsection F of Section 2701 of this title equa l to the amount of
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379		-	ENGR. H. A. to ENGR. S. B. NO. 1848 Page 8 1
	371	+	SB1848 HFLR Page 8
	372	+	BOLD FACE denotes Committee Amendments. 1
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404		-	12. Establish programs and prov ide funding, from the revenues
405		-	apportioned pursuant to paragraph 4 of subsection C of Section 426
406		-	of this title, to support county sheriffs to enforce the
407		-	requirements of state law with respect to the comm ercial growth of
408		-	medical marijuana or other related business activity for which a
409		-	license is required pursuant to the provisions of law governing the
410		-	production, cultivation, transportation, distribution, sale, or
411		-	other actions related to medical marijuana .
412		-	SECTION 3. NEW LAW A ne w section of law to be codified
413		-	in the Oklahoma Statutes as Section 427.3A of Title 63, unless there
414		-	is created a duplication in numbering, reads as follo ws:
415		-	There is hereby crea ted in the State Treasury a revolving fund
416		-	for the Oklahoma Medical Marijuana Authority to be designated the
417		-	"County Sheriff Public Safe ty Grant Revolving Fund". The fund shall
418		-	be a continuing fund, not subject to fiscal year limit ations, and
419		-	shall consist of all monies received by the Oklahoma Medical
420		-	Marijuana Authority from the apportionment of the excise tax on
421		-	medical marijuana as pro vided by Section 426 of Title 63 of the
422		-	Oklahoma Statutes. All monies accruing to the credit o f said fund
423		-	are hereby appropriated and may be budg eted and expended by the
424		-	Oklahoma Medical Marijuana Authority for the purpose specified by
425		-	paragraph 12 of subs ection D of Section 427.3 of Title 63 of the
426		-	Oklahoma Statutes. Expenditures from said fund s hall be made upon
427		-	warrants issued by the State Trea surer against claims filed as
428		-
429		-	ENGR. H. A. to ENGR. S. B. NO. 1848 Page 9 1
430		-	2
431		-	3
432		-	4
433		-	5
434		-	6
435		-	7
436		-	8
437		-	9
438		-	10
439		-	11
440		-	12
441		-	13
442		-	14
443		-	15
444		-	16
445		-	17
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447		-	19
448		-	20
449		-	21
450		-	22
451		-	23
452		-	24
453		-
454		-	prescribed by law wit h the Director of the Office of Management and
455		-	Enterprise Services for approval and payment.
456		-	SECTION 4. AMENDATORY 6 8 O.S. 2021, Section 1353, is
457		-	amended to read as follows:
458		-	Section 1353. A. It is hereby declared to be the purpose of
459		-	the Oklahoma Sales Tax Code to provide funds for the financing of
460		-	the program provided for by the Oklahoma Social Security Act and to
461		-	provide revenues for the support of the functions of the state
462		-	government of Oklahoma, and for this purpose it is here by expressly
463		-	provided that, revenues derived pursuant to the provisions of the
464		-	Oklahoma Sales Tax Code, subject to the apportionment require ments
465		-	for the Oklahoma Tax Commission and Office of Management an d
466		-	Enterprise Services Joint Computer Enhancement Fu nd provided by
467		-	Section 265 of this title, shall be apportioned as follows:
468		-	1. Except as provided in subsections C and D of this section,
469		-	the following amounts shall be paid to t he State Treasurer to be
470		-	placed to the credit of the General Revenue Fund to b e paid out
471		-	pursuant to direct appropriation by the Legislature:
472		-	Fiscal Year Amount
473		-	FY 2003 and FY 2004 86.04%
474		-	FY 2005 85.83%
475		-	FY 2006 85.54%
476		-	FY 2007 85.04%
477		-	FY 2008 through FY 2022 83.61%
478		-
479		-	ENGR. H. A. to ENGR. S. B. NO. 1848 Page 10 1
480		-	2
481		-	3
482		-	4
483		-	5
484		-	6
485		-	7
486		-	8
487		-	9
488		-	10
489		-	11
490		-	12
491		-	13
492		-	14
493		-	15
494		-	16
495		-	17
496		-	18
497		-	19
498		-	20
499		-	21
500		-	22
501		-	23
502		-	24
503		-
504		-	FY 2023 through FY 2027 83.36%
505		-	FY 2028 and each fiscal year thereafter 83.61%;
506		-	2. The following amounts shall be paid to the State Treasurer
507		-	to be placed to the credit of the Education Reform Revolving Fund of
508		-	the State Department of Education:
509		-	a. for FY 2003, FY 2004 and F Y 2005, ten and forty-two
510		-	one-hundredths percent (1 0.42%),
511		-	b. for FY 2006 through FY 2020, ten and forty -six one-
512		-	hundredths percent (10.46%),
513		-	c. for FY 2021:
514		-	(1) for the month beginning July 1, 2020, through the
515		-	month ending August 31, 2020, ten and forty -six
516		-	one-hundredths percent (10.46%), and
517		-	(2) for the month beginning September 1, 2020,
518		-	through the month ending June 30, 2021, eleven
519		-	and ninety-six one-hundredths percent (11.96%),
520		-	d. for FY 2022 and each fiscal year thereafter , ten and
521		-	forty-six one-hundredths percent (10.46%);
522		-	3. The following amounts shall be paid to the State Treasurer
523		-	to be placed to the credit of the Teachers' Retirement System
524		-	Dedicated Revenue Revolving Fund:
525		-	Fiscal Year Amount
526		-	FY 2003 and FY 2004 3.54%
527		-	FY 2005 3.75%
528		-
529		-	ENGR. H. A. to ENGR. S. B. NO. 1848 Page 11 1
530		-	2
531		-	3
532		-	4
533		-	5
534		-	6
535		-	7
536		-	8
537		-	9
538		-	10
539		-	11
540		-	12
541		-	13
542		-	14
543		-	15
544		-	16
545		-	17
546		-	18
547		-	19
548		-	20
549		-	21
550		-	22
551		-	23
552		-	24
553		-
554		-	FY 2006 4.0%
555		-	FY 2007 4.5%
556		-	FY 2008 through FY 2020 5.0%
557		-	FY 2021:
558		-	a. for the month beginning July
559		-	1, 2020, through the month
560		-	ending August 31, 2020 5.0%
561		-	b. for the month beginning
562		-	September 1, 2020, throug h
563		-	the month ending June 30,
564		-	2021 3.5%
565		-	FY 2022 5.0%
566		-	FY 2023 through FY 2027 5.25%
567		-	FY 2028 and each fiscal year therea fter 5.0%;
568		-	4. a. except as otherwise provided in subparagraph b of this
569		-	paragraph, for the fiscal year beginning July 1, 2015,
570		-	and for each fiscal year thereafter, eighty-seven one-
571		-	hundredths percent (0.87 %) shall be paid to the State
572		-	Treasurer to be furth er apportioned as follows:
573		-	(1) thirty-six percent (36%) shall be placed to the
574		-	credit of the Oklahoma Tourism Promotion
575		-	Revolving Fund, but in no event shall such
576		-	apportionment exceed Five Million Dollars
577		-	($5,000,000.00) in any fiscal year, and
578		-
579		-	ENGR. H. A. to ENGR. S. B. NO. 1848 Page 12 1
580		-	2
581		-	3
582		-	4
583		-	5
584		-	6
585		-	7
586		-	8
587		-	9
588		-	10
589		-	11
590		-	12
591		-	13
592		-	14
593		-	15
594		-	16
595		-	17
596		-	18
597		-	19
598		-	20
599		-	21
600		-	22
601		-	23
602		-	24
603		-
604		-	(2) sixty-four percent (64%) shall be placed to the
605		-	credit of the Oklahoma Tourism Capital
606		-	Improvement Revolving Fund, but in no event shall
607		-	such apportionment exceed Nine Million Dollars
608		-	($9,000,000.00) in any fisca l year, and
609		-	b. any amounts which exceed the limitat ions of
610		-	subparagraph a of this paragraph shall be placed to
611		-	the credit of the General Revenue Fund; and
612		-	5. For the fiscal year beginning Ju ly 1, 2015, and for each
613		-	fiscal year thereafter, six one-hundredths percent (0.06%) shall be
614		-	placed to the credit of the Oklahoma Historical Society Capital
615		-	Improvement and Operations Revolving Fund, but in no event shall
616		-	such apportionment exceed the tota l amount apportioned pursuant to
617		-	this paragraph for the fiscal ye ar ending on June 30, 2015. Any
618		-	amounts which exceed the limitations of this paragraph shall be
619		-	placed to the credit of the General Revenue Fund.
620		-	B. Provided, for the fiscal year beginning July 1, 2007, and
621		-	every fiscal year th ereafter, an amount of reve nue shall be
622		-	apportioned to each municipality or co unty which levies a sales tax
623		-	subject to the provisions of Section 1357.10 of this title and
624		-	subsection F of Section 2701 of this title equa l to the amount of
625	397		sales tax revenue of such municipality or county exempted by the
626	398		provisions of Section 1357.10 of this title and subsection F of
627	399		Section 2701 of this title. The Oklahoma Tax Commission shall
628		-
629		-	ENGR. H. A. to ENGR. S. B. NO. 1848 Page 13 1
630		-	2
631		-	3
632		-	4
633		-	5
634		-	6
635		-	7
636		-	8
637		-	9
638		-	10
639		-	11
640		-	12
641		-	13
642		-	14
643		-	15
644		-	16
645		-	17
646		-	18
647		-	19
648		-	20
649		-	21
650		-	22
651		-	23
652		-	24
653		-
654	400		promulgate and adopt rules necessary to imple ment the provisions of
655	401		this subsection.
656	402		C. From the monies that would otherwise be apportioned to the
657	403		General Revenue Fund pursuant to subsection A of this section, there
658	404		shall be apportioned the following amounts:
659	405		1. For the month ending August 31, 2019 :
660	406		a. Nine Million Six Hundred Thousand D ollars
661	407		($9,600,000.00) to the credit of the State Highway
662	408		Construction and Maintenance Fund created in Section
663	409		1501 of Title 69 of the Oklahoma Statutes, and
664	410		b. Two Million Dollars ($2,000,000.00) to the credit of
665	411		the Oklahoma Railroad Maintenance Revolvin g Fund
666	412		created in Section 309 of Title 66 of the Oklahoma
667	413		Statutes;
668	414		2. For the month ending September 30, 2019:
669	415		a. Twenty Million Dollars ($20,000,000.00) to the credit
670	416		of the State Highway Construction and Maintena nce Fund
671	417		created in Section 1501 of Titl e 69 of the Oklahoma
672	418		Statutes, and
673	419		b. Two Million Dollars ($2,000,000.00) to the credit of
674	420		the Oklahoma Railroad Maintenance Revolving Fund
675		-	created in Section 309 of Title 66 of the Oklahoma
676		-	Statutes;
677		-	3. For the month ending October 31, 2019:
678	421
679		-	ENGR. H. A. to ENGR. S. B. NO. 1848 Page 14 1
680		-	2
681		-	3
682		-	4
683		-	5
684		-	6
685		-	7
686		-	8
687		-	9
688		-	10
689		-	11
690		-	12
691		-	13
692		-	14
693		-	15
694		-	16
695		-	17
696		-	18
697		-	19
698		-	20
699		-	21
700		-	22
701		-	23
702		-	24
703		-
704		-	a. Twenty Million Dollars ($20,000,00 0.00) to the credit
705		-	of the State Highway Constructi on and Maintenance Fund
706		-	created in Section 1501 of Title 69 of the Oklahoma
707		-	Statutes, and
708		-	b. Two Million Dollars ($2,000,000.00) to the cred it of
709		-	the Oklahoma Railroad Maintenanc e Revolving Fund
710		-	created in Section 309 of Title 66 of the Oklahoma
711		-	Statutes;
712		-	4. For the month ending November 30, 2019:
713		-	a. Twenty Million Dollars ($20,000,000.00) to the credit
714		-	of the State Highway Construction and M aintenance Fund
715		-	created in Section 150 1 of Title 69 of the Oklaho ma
716		-	Statutes, and
717		-	b. Two Million Dollars ($2,000,000 .00) to the credit of
718		-	the Oklahoma Railroad Maintenance Revolving Fund
719		-	created in Section 309 of Title 66 of the Oklahoma
720		-	Statutes; and
721		-	5. For the month ending December 31, 2019 :
722		-	a. Twenty Million Dollars ($20,000,000.00) to the credit
723		-	of the State Highway Construction and Maintenance Fund
724		-	created in Section 1501 of Title 69 of the Oklahoma
725		-	Statutes, and
726		-	b. Two Million Dollars ($2,000,000.00) to the credit of
727		-	the Oklahoma Railroa d Maintenance Revolving Fun d
728		-
729		-	ENGR. H. A. to ENGR. S. B. NO. 1848 Page 15 1
	422	+	SB1848 HFLR Page 9
	423	+	BOLD FACE denotes Committee Amendments. 1
730	424		2
731	425		3
732	426		4
733	427		5
734	428		6
735	429		7
736	430		8
737	431		9
738	432		10
739	433		11
740	434		12
741	435		13
742	436		14
743	437		15
744	438		16
745	439		17
746	440		18
747	441		19
748	442		20
749	443		21
750	444		22
751	445		23
752	446		24
753	447
754	448		created in Section 309 of Title 66 of the Oklahoma
755		-	Statutes.
756		-	D. For fiscal year 2023, and each subsequent fiscal year,
757		-	before any other apportionment otherwise required by this section is
758		-	made to the General Revenue Fund, ther e shall be apportioned to the
759		-	State Public Common School Building Equalization Fund an amount, if
760		-	any, as required pursuant to Section 3 -104 of Title 70 of the
761		-	Oklahoma Statutes amounts, not to exceed the state sales t ax
762		-	generated by medical marijuana sale s in the preceding fiscal y ear as
763		-	reported determined by the Oklahoma Tax Commission , as follows:
764		-	1. Thirty-five and seven-tenths percent (35.7%) of the total
765		-	proceeds of the levy to the Oklahoma Medical Marijuana Authority
766		-	Revolving Fund for operations, but in no event shall the total
767		-	amount apportioned in any fiscal year pursuant to this pa ragraph
768		-	exceed Thirteen Million Four Hundred Thousand Dollars
769		-	($13,400,000.00);
770		-	2. Forty-four and six hundred twenty -five thousandths perce nt
771		-	(44.625%) of the total proceeds of the levy to the State Publi c
772		-	Common School Building Equalization Fund for the purpose of funding
773		-	redbud school grants pursuant to Section 3 -104 of Title 70 of the
774		-	Oklahoma Statutes, but in no event shall the total amou nt
775		-	apportioned in any fiscal year pursuant to this paragraph exce ed the
776		-	amount of redbud school grant funds awarded pursuant to subsection B
777		-	of Section 3-104 of Title 70 of the Oklahoma Statutes;
	449	+	Statutes;
	450	+	3. For the month ending October 31, 2019:
	451	+	a. Twenty Million Dollars ($20,000,000.00) to the credit
	452	+	of the State Highway Construction and Maintenance Fund
	453	+	created in Section 1501 of Title 69 of the Oklahoma
	454	+	Statutes, and
	455	+	b. Two Million Dollars ($2,000,000.00) to the cred it of
	456	+	the Oklahoma Railroad Maintenance Revolving Fund
	457	+	created in Section 309 of Title 66 of the Oklahoma
	458	+	Statutes;
	459	+	4. For the month ending November 30, 2019:
	460	+	a. Twenty Million Dollars ($20,000,000.00) to the credit
	461	+	of the State Highway Construction and M aintenance Fund
	462	+	created in Section 1501 of Title 69 of the Oklahoma
	463	+	Statutes, and
	464	+	b. Two Million Dollars ($2,000,000.00) to the credit of
	465	+	the Oklahoma Railroad Maintenance Revolving Fund
	466	+	created in Section 309 of Title 66 of the Oklahoma
	467	+	Statutes; and
	468	+	5. For the month ending December 31, 2019:
	469	+	a. Twenty Million Dollars ($20,000,000.00) to the credit
	470	+	of the State Highway Construction and Maintenance Fund
778	471
779		-	ENGR. H. A. to ENGR. S. B. NO. 1848 Page 16 1
	472	+	SB1848 HFLR Page 10
	473	+	BOLD FACE denotes Committee Amendments. 1
780	474		2
781	475		3
782	476		4
783	477		5
784	478		6
785	479		7
786	480		8
787	481		9
788	482		10
789	483		11
790	484		12
791	485		13
792	486		14
793	487		15
794	488		16
795	489		17
796	490		18
797	491		19
798	492		20
799	493		21
800	494		22
801	495		23
802	496		24
803	497
804		-	~~3. Fourteen and eight hundred seventy -five~~ ~~thousandths perc ent~~
805		-	~~(14.875%) of the total proceeds of the levy to the Department of~~
806		-	~~Mental Health and Substance Abuse Services and earmarked for drug~~
807		-	~~and alcohol rehabilitation, but in no event shall~~ the ~~total amount~~
808		-	~~apportioned~~ in ~~any fiscal year pursuant to this paragr aph exceed~~
809		-	~~Five Million Five Hundred Thousand Dollars ($5,500,000 .00);~~
810		-	4. ~~Four~~ and ~~eight-tenths percent (4.8%) of t he total proceeds~~
811		-	~~of the levy to the County Sheriff Public Safety Grant Revolving Fund~~
812		-	~~created pursuant~~ to ~~Section 3 of this act~~ , ~~but in no event~~ shall ~~th e~~
813		-	~~total~~ amount ~~apportioned in any fiscal year pursu ant to this~~
814		-	~~paragraph exceed One Million Eight Hund red Thousand Dollars~~
815		-	~~($1~~,~~800,000.00);~~
816		-	5. The ~~dollar amounts otherwise prescribed by para graphs 1~~
817		-	~~through 4 of this subsection sh all be subject to an estimate of~~ the
818		-	~~state sales tax generated by medical mariju ana as determined by~~ the
819		-	Oklahoma ~~Tax Commiss ion monthly for each fiscal year; and~~
820		-	~~6. Any surplus amounts a vailable pursuant to~~ the ~~provisions of~~
821		-	~~this subsection shall be remitted~~ to ~~the General Revenue Fund.~~
822		-	~~SECTION 5.~~ ~~AMENDATORY 70 O.S. 2021, Section 3 -104, is~~
823		-	~~amended to read as fol lows:~~
824		-	~~Section 3-104~~. ~~A. The supervision of t he public school system~~
825		-	of ~~Oklahoma shall be vested in~~ the State ~~Board of Education and,~~
826		-	~~subject to limitations o therwise provided by law,~~ the ~~St ate Board~~ of
827		-	~~Education shall:~~
	498	+	created in Section 1501 of Title 69 of the Oklahoma
	499	+	Statutes, and
	500	+	b. Two Million Dollars ($2,000,000.00) to the credit of
	501	+	the Oklahoma Railroad Maintenance Revolving Fund
	502	+	created in Section 309 of Title 66 of the Oklahoma
	503	+	Statutes.
	504	+	D. For fiscal year 2023, and each subsequent fiscal year,
	505	+	before any other apportionment otherwise required by this section is
	506	+	made to the General Revenue Fund, there shall be apportioned to the
	507	+	State Public Common School Building Equalization Fund an amount, if
	508	+	any, as required pursuant to Section 3 -104 of Title 70 of the
	509	+	Oklahoma Statutes amounts, not to exceed the state sales t ax
	510	+	generated by medical marijuana sales in the preceding fiscal year as
	511	+	reported by the Oklahoma Tax Commission , as follows:
	512	+	1. Thirty-five and seven-tenths percent (35.7%) of the total
	513	+	proceeds of the levy to the Oklahoma Medical Marijuana Authority
	514	+	Revolving Fund for operations, but in no eve nt shall the total
	515	+	amount apportioned in any fiscal year pursuant to this paragraph
	516	+	exceed Thirteen Million Four Hundred Thousand Dollars
	517	+	($13,400,000.00);
	518	+	2. Forty-four and six hundred twenty -five thousandths perce nt
	519	+	(44.625%) of the total proceeds of th e levy to the State Public
	520	+	Common School Building Equalization Fund for the purpose of funding
	521	+	redbud school grants pursuant to Section 3 -104 of Title 70 of the
828	522
829		-	ENGR. H. A. to ENGR. S. B. NO. 1848 Page 17 1
	523	+	SB1848 HFLR Page 11
	524	+	BOLD FACE denotes Committee Amendments. 1
830	525		2
831	526		3
832	527		4
833	528		5
834	529		6
835	530		7
836	531		8
837	532		9
838	533		10
839	534		11
840	535		12
841	536		13
842	537		14
843	538		15
844	539		16
845	540		17
846	541		18
847	542		19
848	543		20
849	544		21
850	545		22
851	546		23
852	547		24
853	548
854		-	~~1. Adopt policies and make rules f or~~ the ~~operation of the~~
855		-	~~public school system of~~ the ~~state;~~
856		-	~~2. Appoint, prescribe the duties and fix the compensation~~ of a
857		-	~~secretary, an attorney and all other personnel necessary for~~ the
858		-	~~proper performance of the functions of the State Board of Education~~.
859		-	~~The secretary shall not be a member~~ of the ~~Board;~~
860		-	~~3. Submit to the Governor a departmental bud get based upon~~
861		-	~~major functions of~~ the ~~Department as prepared b y the State~~
862		-	~~Superintendent of Pu blic Instruction and supported by detailed data~~
863		-	~~on needs and proposed operations as partially determined by the~~
864		-	~~budgetary needs~~ of ~~local school districts filed wi th~~ the ~~State Board~~
865		-	of ~~Education for~~ the ~~ensuing fiscal year.~~ ~~Appropriations therefor~~
866		-	~~shall be made~~ in ~~lump-sum form for each major item in~~ the ~~budget as~~
867		-	~~follows:~~
868		-	~~a. State Aid~~ to ~~schools,~~
869		-	b. ~~the supervision of all other functions of general and~~
870		-	~~special education including general control,~~ ~~free~~
871		-	~~textbooks, school lunch , Indian education and~~ all
872		-	~~other functions of~~ the ~~Board~~ and ~~an amount sufficient~~
873		-	to ~~adequately staff and administer these services, and~~
874		-	c. the ~~Board shall determine the details by which the~~
875		-	~~budget and the appropriations are administered~~.
876		-	~~Annually,~~ the ~~Board shall make preparations to~~
877		-	~~consolidate all~~ of the ~~functions of the Department in~~
	549	+	Oklahoma Statutes, but in no event shall the total amou nt
	550	+	apportioned in any fiscal year pursua nt to this paragraph exceed the
	551	+	amount of redbud school grant funds awarded pursuant to subsection B
	552	+	of Section 3-104 of Title 70 of the Oklahoma Statutes;
	553	+	3. Fourteen and eight hundred seventy -five thousandths perc ent
	554	+	(14.875%) of the total proceeds of t he levy to the Department of
	555	+	Mental Health and Substance Abuse Services and earmarked for drug
	556	+	and alcohol rehabilitation, but in no event shall the total amount
	557	+	apportioned in any fiscal year pursuant to this paragr aph exceed
	558	+	Five Million Five Hundred Tho usand Dollars ($5,500,000.00);
	559	+	4. Four and eight-tenths percent (4.8%) of the total proceeds
	560	+	of the levy to the County Sheriff Public Safety Grant Revolving Fund
	561	+	created in Engrossed House Bill No. 3530 of the 2nd S ession of the
	562	+	58th Oklahoma Legislature, but in no event shall the total amount
	563	+	apportioned in any fiscal year pursuant to this paragraph exceed One
	564	+	Million Eight Hundred Thousand Dollars ($1,800,000.00);
	565	+	5. The dollar amounts otherwise prescribed by para graphs 1
	566	+	through 4 of this subsection sh all be subject to a final estimate as
	567	+	determined by the Oklahoma Tax Commission each fiscal year; and
	568	+	6. Any surplus amounts available pursuant to the provisions of
	569	+	this subsection, shall be remitted to the General Revenue Fund.
	570	+	SECTION 3. This act shall become effective July 1, 2022.
	571	+	SECTION 4. It being immediately necessary for the preservation
	572	+	of the public peace, health or safety, an emergency is hereby
878	573
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	574	+	SB1848 HFLR Page 12
	575	+	BOLD FACE denotes Committee Amendments. 1
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904		-	such a way that the budget can be based on two items,
905		-	administration and aid to schools. A maximum amount
906		-	for administration shall be designated as a part of
907		-	the total appropriation;
908		-	4. On the first day of December preceding each regular session
909		-	of the Legislature, p repare and deliver to the Governor and the
910		-	Legislature a report for the year ending June 30 immed iately
911		-	preceding the regular session of the Legislature. The report shall
912		-	contain:
913		-	a. detailed statistics and other information concerning
914		-	enrollment, attendance, expenditures including State
915		-	Aid, and other pertinent data for all public schools
916		-	in this state,
917		-	b. reports from each and every division within the State
918		-	Department of Education as submi tted by the State
919		-	Superintendent of Public Instruction and any ot her
920		-	division, department, institution or other agency
921		-	under the supervision of the Board,
922		-	c. recommendations for the improvement of the public
923		-	school system of the state,
924		-	d. a statement of the receipts and expenditures of the
925		-	State Board of Education for t he past year, and
926		-	e. a statement of plans and recommendations for the
927		-	management and improvement of public schools and such
928		-
929		-	ENGR. H. A. to ENGR. S. B. NO. 1848 Page 19 1
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943		-	15
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951		-	23
952		-	24
953		-
954		-	other information relating to the e ducational
955		-	interests of the stat e as may be deemed necessary and
956		-	desirable;
957		-	5. Provide for the f ormulation and adoption of curricula,
958		-	courses of study and other instructional aids necessary for the
959		-	adequate instruction of pupils in the public schools;
960		-	6. Have authority in matters perta ining to the licensure and
961		-	certification of persons for instructi onal, supervisory and
962		-	administrative positions and services in the public schools of the
963		-	state subject to the provisions of Section 6-184 of this title, and
964		-	shall formulate rules governing th e issuance and revocation of
965		-	certificates for superintendents of schools, principals,
966		-	supervisors, librarians, clerical employees, school nurses, school
967		-	bus drivers, visiting teachers, classroom teachers and for other
968		-	personnel performing instructional, ad ministrative and supervisory
969		-	services, but not including members of boards of education and other
970		-	employees who do not work directly with pupils, and may charge a nd
971		-	collect reasonable fees for the issuance of such certificat es:
972		-	a. the State Department of E ducation shall not issue a
973		-	certificate to and shall revoke the ce rtificate of any
974		-	person who has been convicted, whether upon a verdict
975		-	or plea of guilty or upon a plea of nolo contendere,
976		-	or received a suspended sentence or any probationary
977		-	term for a crime or an attempt to commit a crime
978		-
979		-	ENGR. H. A. to ENGR. S. B. NO. 1848 Page 20 1
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981		-	3
982		-	4
983		-	5
984		-	6
985		-	7
986		-	8
987		-	9
988		-	10
989		-	11
990		-	12
991		-	13
992		-	14
993		-	15
994		-	16
995		-	17
996		-	18
997		-	19
998		-	20
999		-	21
1000		-	22
1001		-	23
1002		-	24
1003		-
1004		-	provided for in Section 843.5 of Title 21 of the
1005		-	Oklahoma Statutes if the offense involved sexual abuse
1006		-	or sexual exploitation as those terms are defined in
1007		-	Section 1-1-105 of Title 10A of the Oklahoma Statutes,
1008		-	Section 741, 843.1, if the offense included sexual
1009		-	abuse or sexual exploitation, 865 et seq., 885, 888,
1010		-	891, 1021, 1021.2, 1021.3, 1040.13a, 1087, 1088,
1011		-	1111.1, 1114 or 1123 of Title 21 of the Oklahoma
1012		-	Statutes or who enters this sta te and who has been
1013		-	convicted, received a suspended sentence or received a
1014		-	deferred judgment for a crime or attempted crime
1015		-	which, if committed or attempted in this state, would
1016		-	be a crime or an attempt to commit a crime provided
1017		-	for in any of said laws,
1018		-	b. all funds collected by the State Department of
1019		-	Education for the issuance of certificate s to
1020		-	instructional, supervisory and administrative
1021		-	personnel in the public schools of the state shall be
1022		-	deposited in the "Teachers' Certificate Fund" in the
1023		-	State Treasury and may be expended by the State Board
1024		-	of Education to finance the activities of th e State
1025		-	Department of Education necessary to admin ister the
1026		-	program, for consultative services, publication costs,
1027		-	actual and necessary travel expenses as provided in
1028		-
1029		-	ENGR. H. A. to ENGR. S. B. NO. 1848 Page 21 1
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1031		-	3
1032		-	4
1033		-	5
1034		-	6
1035		-	7
1036		-	8
1037		-	9
1038		-	10
1039		-	11
1040		-	12
1041		-	13
1042		-	14
1043		-	15
1044		-	16
1045		-	17
1046		-	18
1047		-	19
1048		-	20
1049		-	21
1050		-	22
1051		-	23
1052		-	24
1053		-
1054		-	the State Travel Reimbursement Act incurred by persons
1055		-	performing research work, and othe r expenses found
1056		-	necessary by the State Board of E ducation for the
1057		-	improvement of the preparati on and certification of
1058		-	teachers in Oklahoma. Provided, any unobligate d
1059		-	balance in the Teachers' Certificate Fund in excess of
1060		-	Ten Thousand Dollars ($10,000.00) on June 30 of any
1061		-	fiscal year shall be transferre d to the General
1062		-	Revenue Fund of the State of Oklahoma. Until July 1,
1063		-	1997, the State Board of Education shall have
1064		-	authority for approval of teacher education programs.
1065		-	The State Board of Education shall also have authority
1066		-	for the administration of tea cher residency and
1067		-	professional development, subject to the provisions of
1068		-	the Oklahoma Teacher Preparation Act;
1069		-	7. Promulgate rules governing the classification, inspection,
1070		-	supervision and accrediting of all public nursery, kindergarten,
1071		-	elementary and secondary schools and on-site educational serv ices
1072		-	provided by public school districts or state -accredited private
1073		-	schools in partial hospitalization programs, day treatment programs,
1074		-	and day hospital progr ams as defined in this act for persons between
1075		-	the ages of three (3) and twenty-one (21) years of age in the state.
1076		-	However, no school shall be denied accreditation s olely on the basis
1077		-	of average daily attendance.
1078		-
1079		-	ENGR. H. A. to ENGR. S. B. NO. 1848 Page 22 1
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1085		-	7
1086		-	8
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1088		-	10
1089		-	11
1090		-	12
1091		-	13
1092		-	14
1093		-	15
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1095		-	17
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1103		-
1104		-	Any school district which maintains an elementary school and
1105		-	faces the necessity of relocati ng its school facilities because of
1106		-	construction of a lake, either by state or federal authority, which
1107		-	will inundate the school facilities, shall be entitled to receive
1108		-	probationary accreditation from the State Board of Education for a
1109		-	period of five (5) years after the effective date of this act an d
1110		-	any school district, otherwise qualified, shall be entitled to
1111		-	receive probationary accreditation from the State Board of Education
1112		-	for a period of two (2) consecutive years to attain the minimum
1113		-	average daily attendance. The Head Start and public nurse ries or
1114		-	kindergartens operated from Community Action Program funds shal l not
1115		-	be subjected to the accrediting rules of the State Board of
1116		-	Education. Neither will the State Board of Education make rules
1117		-	affecting the operation of the public nurseries and ki ndergartens
1118		-	operated from federal funds secured through Community Actio n
1119		-	Programs even though they may be operating in the public schools of
1120		-	the state. However, any of the Head Start or public nurseries or
1121		-	kindergartens operated under federal regulations may make
1122		-	application for accrediting from the State Board of Education but
1123		-	will be accredited only if application for the approval of the
1124		-	programs is made. The status of no school district shall be changed
1125		-	which will reduce it to a lower classification un til due notice has
1126		-	been given to the proper authorities thereof and an opportunity
1127		-
1128		-	ENGR. H. A. to ENGR. S. B. NO. 1848 Page 23 1
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1152		-
1153		-	given to correct the conditions which otherwise would be the cause
1154		-	of such reduction.
1155		-	Private and parochial schools may be accre dited and classified
1156		-	in like manner as public schools or, if an accrediting association
1157		-	is approved by the State Boa rd of Education, by procedures
1158		-	established by the State Board of Education to accept accreditation
1159		-	by such accrediting association, if appli cation is made to the State
1160		-	Board of Education for such accrediting;
1161		-	8. Be the legal agent of the State of Oklahoma to accept, in
1162		-	its discretion, the provisions of any Act of Congress appropriating
1163		-	or apportioning funds which are now, or may hereafter be, provided
1164		-	for use in connection with any phas e of the system of public
1165		-	education in Oklahoma. It shall prescribe su ch rules as it finds
1166		-	necessary to provide for the proper distribution of such funds in
1167		-	accordance with the state and federal laws;
1168		-	9. Be and is specifically hereby designated as the ag ency of
1169		-	this state to cooperate and deal with any officer, board or
1170		-	authority of the United States Government under any law of the
1171		-	United States which may require or recommend cooperation with any
1172		-	state board having charge of the administration of public s chools
1173		-	unless otherwise provided by law;
1174		-	10. Be and is hereby designat ed as the "State Educational
1175		-	Agency" referred to in Public Law 396 of the 79th Congress of the
1176		-	United States, which law states that said ac t may be cited as the
1177		-
1178		-	ENGR. H. A. to ENGR. S. B. NO. 1848 Page 24 1
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1180		-	3
1181		-	4
1182		-	5
1183		-	6
1184		-	7
1185		-	8
1186		-	9
1187		-	10
1188		-	11
1189		-	12
1190		-	13
1191		-	14
1192		-	15
1193		-	16
1194		-	17
1195		-	18
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1198		-	21
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1200		-	23
1201		-	24
1202		-
1203		-	"National School Lunch A ct", and said State Board of Education is
1204		-	hereby authorized and directe d to accept the terms and provisions of
1205		-	said act and to enter into such agreements, not in conflict with the
1206		-	Constitution of Oklahoma or th e Constitution and Statutes of the
1207		-	United States, as may be necessary or appropriate to secure for the
1208		-	State of Oklahoma the benefits of the school lunch program
1209		-	established and referred to in said act;
1210		-	11. Have authority to secure and administer the ben efits of the
1211		-	National School Lunch Act, Public Law 396 of the 79th Congress of
1212		-	the United States, in the State of Okla homa and is hereby authorized
1213		-	to employ or appoint and fix the compensation of such additional
1214		-	officers or employees and to incur such exp enses as may be necessary
1215		-	for the accomplishmen t of the above purpose, administer the
1216		-	distribution of any state funds appropriated by the Legislature
1217		-	required as federal matching to reimburse on children's meals;
1218		-	12. Accept and provide for the administra tion of any land,
1219		-	money, buildings, gifts, donat ion or other things of value which may
1220		-	be offered or bequeathed to the schools under the supervision or
1221		-	control of said Board;
1222		-	13. Have authority to require persons having administrative
1223		-	control of all school districts in Oklahoma to make such regular and
1224		-	special reports regarding the activities of the schools in said
1225		-	districts as the Board may deem needful for the proper exercise of
1226		-	its duties and functions. Such authority shall include the right of
1227		-
1228		-	ENGR. H. A. to ENGR. S. B. NO. 1848 Page 25 1
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1230		-	3
1231		-	4
1232		-	5
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1235		-	8
1236		-	9
1237		-	10
1238		-	11
1239		-	12
1240		-	13
1241		-	14
1242		-	15
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1244		-	17
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1248		-	21
1249		-	22
1250		-	23
1251		-	24
1252		-
1253		-	the State Board of Education to withhold all state fund s under its
1254		-	control, to withhold official recognition, including accred iting,
1255		-	until such required reports have been filed and accepted in the
1256		-	office of said Board and to revoke the certificates of persons
1257		-	failing or refusing to make such reports;
1258		-	14. Have general supervision of the school lunch program. The
1259		-	State Board of Education may sponsor workshops for personnel and
1260		-	participants in the school lunch program and may develop, print and
1261		-	distribute free of charge or sell any materials, books and bulletins
1262		-	to be used in such school lunch programs. There is hereby created
1263		-	in the State Treasury a revolving fund for the Board, to be
1264		-	designated the School Lunch Workshop Revolving Fund. The fund shall
1265		-	consist of all fees derived from or on behalf of any partic ipant in
1266		-	any such workshop sponsored by the State Board of Education, o r from
1267		-	the sale of any materials, books and bulletins, and such funds shall
1268		-	be disbursed for expenses of such workshops and for develop ing,
1269		-	printing and distributing of such materials, books and bulletins
1270		-	relating to the school lunch program. The fund sha ll be
1271		-	administered in accordance with Section 155 of Title 62 of the
1272		-	Oklahoma Statutes;
1273		-	15. Prescribe all forms for school district a nd county officers
1274		-	to report to the State Board of Education where required. The State
1275		-	Board of Education shall also pres cribe a list of appropriation
1276		-	accounts by which the funds of school districts shall be budgeted,
1277		-
1278		-	ENGR. H. A. to ENGR. S. B. NO. 1848 Page 26 1
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1280		-	3
1281		-	4
1282		-	5
1283		-	6
1284		-	7
1285		-	8
1286		-	9
1287		-	10
1288		-	11
1289		-	12
1290		-	13
1291		-	14
1292		-	15
1293		-	16
1294		-	17
1295		-	18
1296		-	19
1297		-	20
1298		-	21
1299		-	22
1300		-	23
1301		-	24
1302		-
1303		-	accounted for and expended; and it sh all be the duty of the State
1304		-	Auditor and Inspector in prescribing all budgeting, accounting and
1305		-	reporting forms for school funds to conform to such lists;
1306		-	16. Provide for the establishment of a uniform system of pupil
1307		-	and personnel accounting, records an d reports;
1308		-	17. Have authority to provide for the he alth and safety of
1309		-	school children and school personnel while under the jurisdiction of
1310		-	school authorities;
1311		-	18. Provide for the supervision of the transportation of
1312		-	pupils;
1313		-	19. Have authority, upon request of the local school board, to
1314		-	act in behalf of the public schools of the state in the purchase of
1315		-	transportation equipm ent;
1316		-	20. Have authority and is hereby required to perform all duties
1317		-	necessary to the adminis tration of the public school system in
1318		-	Oklahoma as specified in the Oklahoma School Code; a nd, in addition
1319		-	thereto, those duties not specifically mentioned herein if not
1320		-	delegated by law to any other agency or official;
1321		-	21. Administer the State Public Com mon School Building
1322		-	Equalization Fund established by Section 32 of Article X of the
1323		-	Oklahoma Constitution. Any monies as may be appropriated or
1324		-	designated by the Legislature, other than ad valorem taxes, any
1325		-	other funds identified by the State Department of Education, which
1326		-	may include, but not be limited to, grants-in-aid from the federal
1327		-
1328		-	ENGR. H. A. to ENGR. S. B. NO. 1848 Page 27 1
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1331		-	4
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1334		-	7
1335		-	8
1336		-	9
1337		-	10
1338		-	11
1339		-	12
1340		-	13
1341		-	14
1342		-	15
1343		-	16
1344		-	17
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1350		-	23
1351		-	24
1352		-
1353		-	government for building purposes, the proceeds of all property that
1354		-	shall fall to the state by escheat, penalties for unlawful holding
1355		-	of real estate by corporations, an d capital gains on assets of the
1356		-	permanent school funds, shall be deposited in the State Pu blic
1357		-	Common School Building Equalization Fund. The fund shall be used to
1358		-	aid school districts and charter schools in acquiring buildings,
1359		-	subject to the limitations fixed by Section 32 of Article X of the
1360		-	Oklahoma Constitution. It is hereby declared that the term
1361		-	"acquiring buildings" as used in Section 32 of Article X of t he
1362		-	Oklahoma Constitution shall mean acquiring or improving school
1363		-	sites, constructing, repairi ng, remodeling or equipping buildings,
1364		-	or acquiring school furniture, fixtures, or equipmen t. It is hereby
1365		-	declared that the term "school districts" as used in Section 32 of
1366		-	Article X of the Oklahoma Co nstitution shall mean school districts
1367		-	and eligible charter schools as defined in subsection B of this
1368		-	section. The State Board of Education sh all disburse redbud school
1369		-	grants annually from the State Public Common School Building
1370		-	Equalization Fund to public schools and eligible charter schools
1371		-	pursuant to subsection B of this sec tion. The Board shall
1372		-	promulgate rules for the implementation of d isbursing redbud school
1373		-	grants pursuant to this section. The State Board of Education shall
1374		-	prescribe rules for making grants of aid from, and for otherwise
1375		-	administering, the fund pursuan t to the provisions of this
1376		-	paragraph, and may employ and fix the d uties and compensation of
1377		-
1378		-	ENGR. H. A. to ENGR. S. B. NO. 1848 Page 28 1
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1394		-	17
1395		-	18
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1400		-	23
1401		-	24
1402		-
1403		-	technicians, aides, clerks, stenographers, attorneys and other
1404		-	personnel deemed necess ary to carry out the provisions of this
1405		-	paragraph. The cost of administering the fund shall be paid from
1406		-	monies appropriated to the State Board of Education for the
1407		-	operation of the State Department of Education. From monies
1408		-	apportioned to the fund, the State Department of Education may
1409		-	reserve not more than one-half of one percent (1/2 of 1%) for
1410		-	purposes of administering the fund;
1411		-	22. Recognize that the Director of the Oklahoma Departme nt of
1412		-	Corrections shall be the administrative authority for the sch ools
1413		-	which are maintained in the state reformatories and shall appoint
1414		-	the principals and teachers in such schools. Provided, that rules
1415		-	of the State Board of Education for the classificat ion, inspection
1416		-	and accreditation of public schools shall be applic able to such
1417		-	schools; and such schools shall comply with standards set by the
1418		-	State Board of Education; and
1419		-	23. Have authority to administer a revolving fund which is
1420		-	hereby created in the State Treasury, to be designated the
1421		-	Statistical Services Revolvin g Fund. The fund shall consist of all
1422		-	monies received from the various school districts of the state, the
1423		-	United States Government, and other s ources for the purpose of
1424		-	furnishing or financing statistical services and for any other
1425		-	purpose as designated b y the Legislature. The State Board of
1426		-	Education is hereby authorized to enter into agreements with school
1427		-
1428		-	ENGR. H. A. to ENGR. S. B. NO. 1848 Page 29 1
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1452		-
1453		-	districts, municipalities, the United States Government, foundations
1454		-	and other agencies or individuals for services, programs or research
1455		-	projects. The Statistical Services Revolving Fund shall be
1456		-	administered in accordance with Section 155 of Title 62 of the
1457		-	Oklahoma Statutes.
1458		-	B. 1. The redbud school grants shall be determined by th e
1459		-	State Department of Education as follows:
1460		-	a. divide the county fo ur-mill levy revenue by four to
1461		-	determine the nonchargea ble county four-mill revenue
1462		-	for each school district,
1463		-	b. determine the amount of new re venue generated by the
1464		-	five-mill building fund levy as authorized by Section
1465		-	10 of Article X of the Oklahoma Con stitution for each
1466		-	school district as reported in the Ok lahoma Cost
1467		-	Accounting System for the preceding fiscal year,
1468		-	c. add the amounts calculat ed in subparagraphs a and b of
1469		-	this paragraph to determine the nonchargeable millage
1470		-	for each school district,
1471		-	d. add the nonchargeable millage in each district
1472		-	statewide as calculated in subparagraph c of this
1473		-	paragraph and divide the total by the average daily
1474		-	membership in public schools statewide based on the
1475		-	preceding school year's average daily membership,
1476		-	according to the provisions of Section 18-107 of this
1477		-
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1502		-
1503		-	title. This amount is the statewide nonchargeable
1504		-	millage per student, known as the baseline local
1505		-	funding per student,
1506		-	e. all eligible charter schools shall be included in
1507		-	these calculations as unique sc hool districts,
1508		-	separate from the school district that m ay sponsor the
1509		-	eligible charter school, and the total number of
1510		-	districts shall be used to determine the statewide
1511		-	average baseline local funding per student,
1512		-	f. for each school district or eligible c harter school
1513		-	which is below the baseline local funding per student,
1514		-	the Department shall subtract the baseline local
1515		-	funding per student from the average nonchargeable
1516		-	millage per student of the school district or eligible
1517		-	charter school to determine the nonchargeable millage
1518		-	per student shortfall for each dis trict, and
1519		-	g. the nonchargeable millage per student shortfall for a
1520		-	school district or eligible charter school shall be
1521		-	multiplied by the average daily membership of the
1522		-	preceding school year of the e ligible school district
1523		-	or eligible charter school. Thi s amount shall be the
1524		-	redbud school grant amount for the school district or
1525		-	eligible charter school.
1526		-
1527		-	ENGR. H. A. to ENGR. S. B. NO. 1848 Page 31 1
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1551		-
1552		-	2. For fiscal year 2022, m onies for the redbud school grants
1553		-	shall be expended from the funds apportioned pursuant to Section 2
1554		-	426 of this act Title 63 of the Oklahoma Statutes . For fiscal year
1555		-	2023 and each subsequent fiscal year, monies for the redbud school
1556		-	grants shall be appropriated apportioned pursuant to Section 2 426
1557		-	of this act, not to exceed three-fourths (3/4) of the tax collected
1558		-	in the preceding fiscal year pursuant to Section 426 of Title 63 of
1559		-	the Oklahoma Statutes as determined by the Oklahoma Tax Commission.
1560		-	For fiscal year 2023 and each subs equent fiscal year, if such
1561		-	appropriated funds are insufficient to fund the redbud school
1562		-	grants, then an additional apportionment of funds shall be made from
1563		-	sales tax collections as provided by subsection D of Section 3 of
1564		-	this act Title 63 of the Oklaho ma Statutes and Section 1353 of Title
1565		-	68 of the Oklahoma Statutes. If the apportionment of both funds
1566		-	revenue sources are insufficient, the Department s hall promulgate
1567		-	rules to permit a decrease to the b aseline local funding per st udent
1568		-	to the highest amount allowed with the funding available. The
1569		-	Department shall ensure the amounts necessary to fund the redbud
1570		-	school grants are provided to the Oklahoma Tax Commission by July 1
1571		-	of the applicable fiscal year .
1572		-	3. As used in this section, "eligible charter school" shall
1573		-	mean a charter school which is sponsored pursuant to the provisions
1574		-	of the Oklahoma Charter School Act. Provided, however, "eligible
1575		-	charter school" shall not include a charter school sponsored by the
1576		-
1577		-	ENGR. H. A. to ENGR. S. B. NO. 1848 Page 32 1
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1601		-
1602		-	Statewide Virtual Charter School Board but shall only include those
1603		-	which provide in-person or blended instruction , as provided by
1604		-	Section 1-111 of this title, to not less than two-thirds (2/3) of
1605		-	students as the primary means of instructional service delivery.
1606		-	4. The Department shall d evelop a program to acknowledge the
1607		-	redbud school grant recipients and shall include elected members of
1608		-	the Oklahoma House of R epresentatives and Oklahom a State Senate who
1609		-	represent the school districts and eligible charter schools.
1610		-	5. The Department shall create a dedicated page on its website
1611		-	listing annual redbud school grant recipients, amount awarded to
1612		-	each recipient and other pertinent information about the Redbud
1613		-	School Funding Act.
1614		-	6. The Department shall provide the Chair of the House
1615		-	Appropriations and Budget Committee and the Chair of the Se nate
1616		-	Appropriations Committee no later than February 1 of each year with
1617		-	an estimate of the upcoming yea r's redbud school grant allocation as
1618		-	prescribed by this section.
1619		-	SECTION 6. This act shall become effective July 1, 2022.
1620		-	SECTION 7. It being immediately necessary for the preservation
1621		-	of the public peace, health or safety, an emergency is hereby
1622		-	declared to exist, by reas on whereof this act shall t ake effect and
1623		-	be in full force from and after its passage and approval. "
1624		-
1625		-
1626		-
1627		-	ENGR. H. A. to ENGR. S. B. NO. 1848 Page 33 1
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1651		-
1652		-
1653		-	Passed the House of Representatives the 28th day of April, 2022.
1654		-
1655		-
1656		-
1657		-
1658		-
1659		-	Presiding Officer of the House of
1660		-	Representatives
1661		-
1662		-
1663		-	Passed the Senate the ____ day of _______ ___, 2022.
1664		-
1665		-
1666		-
1667		-
1668		-
1669		-	Presiding Officer of the Senate
1670		-
1671		-
1672		-	ENGR. S. B. NO. 1848 Page 1 1
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1696		-
1697		-	ENGROSSED SENATE
1698		-	BILL NO. 1848 By: Montgomery of the Senate
1699		-
1700		-	and
1701		-
1702		-	Hilbert of the House
1703		-
1704		-
1705		-
1706		-
1707		-	[ medical marijuana tax - apportionment - Drug and
1708		-	Alcohol Abuse Revolving Fund - codification -
1709		-	effective date -
1710		-	emergency ]
1711		-
1712		-
1713		-
1714		-
1715		-	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
1716		-	SECTION 8. AMENDATORY 63 O.S . 2021, Section 426, as
1717		-	amended by Section 2, Chapter 563, O.S.L. 2021, is amended to read
1718		-	as follows:
1719		-	Section 426. A. The tax on retail medical marijuana sales will
1720		-	be established at seven percent (7%) of the gross amount received by
1721		-	the seller.
1722		-	B. This tax will be collected at t he point of sale. Except as
1723		-	provided for in subsection D, tax proceeds will be applied primarily
1724		-	to finance the regulatory office.
1725		-	C. Except as provided for in subsection D, if proceeds from the
1726		-	levy authorized by subsection A of this section exceed the budgeted
1727		-	amount for running the regulatory office, any surplus shall be
1728		-	apportioned with seventy-five percent (75%) going to the General
1729		-	Revenue Fund and may only be expended for commo n education including
1730		-
1731		-	ENGR. S. B. NO. 1848 Page 2 1
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1755		-
1756		-	funding redbud school grants pursuant to Section 3 -104 of Title 70
1757		-	of the Oklahoma Statutes. Twenty-five percent (25%) shall be
1758		-	apportioned to the Oklahoma State Department of Health and earmarked
1759		-	for drug and alcohol rehabilitation.
1760		-	D. For fiscal year 2022 and subsequent fiscal years, proceeds
1761		-	from the levy authoriz ed by subsection A of this section shall be
1762		-	apportioned as follows:
1763		-	1. The first Sixty-five Million Dollars ( $65,000,000.00) shall
1764		-	be apportioned as follows:
1765		-	a. fifty-nine and twenty-three hundredths percent
1766		-	(59.23%) sixty-four percent (64%) to the State Public
1767		-	Common School Building Equalization Fund,
1768		-	b. thirty-four and sixty-two hundredths percent (34.62%)
1769		-	thirty percent (30%) to the Oklahoma Medical Mari juana
1770		-	Authority, a division within the Oklahoma State
1771		-	Department of Health, and
1772		-	c. six and fifteen hundredths percent (6.15%) six percent
1773		-	(6%) to the Oklahoma State Department of Health and
1774		-	earmarked for drug and alcohol rehabilitation Drug and
1775		-	Alcohol Rehabilitation Fun d created in Section 2 of
1776		-	this act; and
1777		-	2. Any surplus collections shall be apportioned to the General
1778		-	Revenue Fund of the State Treasury .
1779		-
1780		-	ENGR. S. B. NO. 1848 Page 3 1
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1804		-
1805		-	SECTION 9. NEW LAW A new section of law to be codified
1806		-	in the Oklahoma Statutes as Section 2-312 of Title 43A, unless there
1807		-	is created a duplication in numbering, reads as follow s:
1808		-	There is hereby created in the State Treasury a revolving fund
1809		-	for the Oklahoma Department of Mental Health and Substance Abuse
1810		-	Services to be designated the “Drug and Alcohol Abuse Revolving
1811		-	Fund”. The fund shall be a continuing fund, not subject to f iscal
1812		-	year limitations, and shall consist of all monies recei ved by the
1813		-	Oklahoma Department of Mental Health an d Substance Abuse Services
1814		-	from apportionments pursua nt to Section 426 of Title 63 of the
1815		-	Oklahoma Statutes. All monies accruing to the credit o f the fund
1816		-	are hereby appropriated and may be budgeted and ex pended by the
1817		-	Oklahoma Department of Mental Health and Substance Abuse Services
1818		-	for the purpose of drug and alcohol rehabilitation and prevention .
1819		-	Expenditures from the fund shall be made upon w arrants issued by the
1820		-	State Treasurer against claims filed as prescribed by law with the
1821		-	Director of the Office of Management and Enterprise Services for
1822		-	approval and payment.
1823		-	SECTION 10. This act shall become effective July 1, 2022.
1824		-	SECTION 11. It being immediately necessary for the preservation
1825		-	of the public peace, health or safety, an emergency is hereby
1826	600		declared to exist, by reas on whereof this act shall take effect an d
1827	601		be in full force from and after its passage and approval.
1828	602
1829		-	ENGR. S. B. NO. 1848 Page 4 1
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1853		-
1854		-	Passed the Senate the 23rd day of March, 2022.
1855		-
1856		-
1857		-
1858		-	Presiding Officer of the Senate
1859		-
1860		-
1861		-	Passed the House of Repre sentatives the ____ day of __________,
1862		-	2022.
1863		-
1864		-
1865		-
1866		-	Presiding Officer of the House
1867		-	of Representatives
1868		-
1869		-
	603	+	COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS AND BUDGET, dated
	604	+	04/11/2022 - DO PASS, As Amended.