Req. No. 1208 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF OKLAHOMA 1st Session of the 58th Legislature (2021) SENATE BILL 713 By: Dahm AS INTRODUCED An Act relating to state finance; amending 62 O .S. 2011, Section 34.42, as amended by Se ction 372, Chapter 304, O.S.L. 2012 (62 O.S. Supp. 2020, Section 34.42), which relates to agency budgets; requiring certain budgets to include federal funds information; amending Section 1, Chapter 210, O.S.L. 2019 (62 O.S. Supp. 2020, Section 34.42.1), which relates to agency annual disclosures; requiring certain political subdivisions to provide disclosure; and providing an effective date. BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 1. AMENDATORY 62 O.S. 2011, Section 34.42, as amended by Section 372 , Chapter 304, O.S.L. 2012 (62 O.S. Supp. 2020, Section 34.42), is amended to read as follows: Section 34.42. A. On or before the first day of June in each year, or as soon thereafter as possible, all ag encies shall file agency budgets with the Director of the Office of Management and Enterprise Services. Copies of all agency b udgets shall also be made available electronically to the staff of the Joint Legislative Committee on Budget and Program Oversigh t. Req. No. 1208 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 B. The required instructions, content and forma t of agency budgets shall be developed by the staff of the Budget Division o f the Office of Management and Enterprise Services. C. 1. The agency budget shall include a description of all funds available to the agency for expenditure and set out allotment s requested by the agency by quarter and the entire fiscal year. The description shall include , but not be limited to, information on federal funds which are under the agency’s control and subject to the disclosure requirements of Section 34.42.1 of this title. 2. The agency budget shall be accompanied by an organizational chart of the agency, a statement of agency mission and program objectives. 3. The agency budget shall delineate agency spending by su ch categories and with at least as much detail as i s specified in the legislative appropriation and as prescribed by the Director of the Office of Management and Enterprise Services. 4. Agency budgets shall be signed by the executive officer of each agency. D. A “request officer” shall be designated by e ach state agency for the purpose of making program and allotment requests. E. Executive officers of ag encies shall cooperate with the Office of Management and Enterpr ise Services staff and Joint Committee staff in developing program budgeting categories. Req. No. 1208 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 F. All funds available or expected to be made available to any agency, including nonfiscal appropriati ons, shall not be available for expenditure until the request of ficer of the agency has complied with the applicable provisions of the Oklahoma State Fin ance Act and has received approval of such request for funds from the Director of the Office of Managem ent and Enterprise Services. G. The provisions of this section shall not apply to CompSource Oklahoma if CompSource Oklahoma is operating pursuant to a pilot program authorized by Sections 3316 and 3317 of Title 74 of the Oklahoma Statutes. SECTION 2. AMENDATORY Section 1, Chapter 210, O.S.L. 2019 (62 O.S. Supp. 2020, Section 34. 42.1), is amended to read as follows: Section 34.42.1. A. Except as provided in subsection C of this section, all agencies and political subdivis ions of the state that maintain a website shall make an annual disclosu re pursuant to a separate written repo rt and information available through a website maintained by or on behalf of the entity of all federal funds under the control of the entity and the programs for which the federal funds are used by distinct expenditure categories and shall identify the priority or rank of the federal funds in descending order with the funding source the agency relies or political subdivisions of the state that maintain a website rely on to the greatest extent listed first and the fundin g source the agency relies or political Req. No. 1208 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 subdivisions of the state that maintain a website rely on to the least extent listed last. The information required by this subsection shall include, but shall not be lim ited to: 1. A description of any action requ ired to be taken by the state government entity or political subdivisions of the state th at maintain a website as a condition for the receipt or continued receipt of federal funds; 2. A description of any action prohibited to be taken by the state government entity or political subdivisions o f the state that maintain a website as a condition for the receipt or continued receipt of federal funds; 3. A description of any action required to be taken by any individual or lawfully recognized business entity or other entity as a condition for the b enefits purported to be conferred on the individual or other legal entity as a result of the use of the federal funds; and 4. A description of any action prohibited to be taken by any individual or lawfully recognized business entity or other entity as a condition for the benefits purported to be conferred on the individual or other legal entity as a result of the use of the federal funds. B. Every entity subject to the requirements of this section shall make an annual disclosure, either pursuant to a sep arate written report, information available through a website maintained Req. No. 1208 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 by or on behalf of the entity or both, of the federal funds for which the agency or political subdivisions of the state that maintain a website must incur costs to implement and shall provide such information in descending order with the most costly federal funds listed first and the leas t costly federal funds listed last. C. Any agency or political subdivisions of the state that maintain a website receiving and administering federal funds that require the receiving agency to maintain any level of security clearance in order to administer those funds shall be exempt from the provisions of this sectio n. SECTION 3. This act shall bec ome effective November 1, 2021. 58-1-1208 QD 1/21/2021 12:50:50 PM