SB949 HFLR Page 1 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 HOUSE OF REPRESENTATIVES - FLOOR VERSION STATE OF OKLAHOMA 1st Session of the 58th Legislature (2021) ENGROSSED SENATE BILL NO. 949 By: Hall of the Senate and Hill of the House An Act relating to the Oklahoma Film and Music Office; amending 74 O.S. 2011, Section 2236, as amended by Section 33, Chapter 227, O.S.L. 2013 (74 O.S. Supp. 2020, Section 2236), which relates to the creation of the Oklahoma Film and Music Office ; transferring the Oklahoma Film and Music Office to the Oklahoma Departmen t of Commerce; requiring the transfer of certain administrative rules; requiring the Secretary of State to provide certain notice and make modification to the Administrative Code; providing prospective rulemaking authority to the Oklahoma Department of Com merce; authorizing the Oklahoma Department of Commerce to promulgate certain rules; amending 68 O.S. 2011, Sections 3623, as amended by Section 2, Chapter 313, O.S.L. 2019 and 3624, as last amended by Section 3, Chapter 313, O.S.L. 2019 (68 O.S. Supp. 2020 , Sections 3623 and 3624), which relate to the Compete with Canada Film Act; clarifying statutory language; amending 74 O.S. 2011, Section 500.18, as last amended by Section 10, Chapter 269, O.S.L. 2016 (74 O.S. Supp. 2020, Section 500.18), which relates t o the State Travel Reimbursement Act; authorizing the Oklahoma Department of Commerce to reimburse certain expenditures of the Oklahoma Film and Music Office; requiring the director of the Office of Management and Enterprise Services to coordinate the tran sfer of the Oklahoma Film and Music Office to the Oklahoma Department of Commerce; providing for noncodification; providing an effective date ; and declaring an emergency . SB949 HFLR Page 2 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 1. AMENDATORY 74 O.S. 2011, Section 2236, as amended by Section 33, Chapter 227, O.S.L. 2013 (74 O.S. Supp. 2020, Section 2236), is amended to read as follows: Section 2236. A. There is hereby created within the Department Oklahoma Department of Comme rce, the Oklahoma Film and Music Office. The Office shall have the primary responsibility in state government for promoting the state as a location for producing motion pictures, television programs, videos and recording or performing music. The Office shall assist the motion picture, television and video film and music industries by providing production contacts in the state, suggesting possible filming, performing, publishing, and recording locations, and other activities that may be required to promote the state as a filming and music center. The Office shall develop resource guides, a database, and a web site. The Office shall develop listings of music festivals and music events being held in Oklahoma. B. The Oklahoma Film and Music Office shall coo perate with other state and local offices as required to promote the film and music industries in this state. C. The Oklahoma Film and Music Office shall establish a film production registration program. Under the program, film production companies shall be required to register with the Office prior to starting production on a film located in the state. The Office SB949 HFLR Page 3 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 shall not require production companies to pay a fee for registration. The purpose of the program shall be to allow the Office to accurately t rack the number of filming productions occurring in the state and the economic impact of those productions. D. The Oklahoma Film and Music Office shall submit an annual report to the Governor, the Speaker of the House of Representatives, and the President Pro Tempore of the Senate prior to July 1 of each year regarding the activities of the Office. The report shall state the number of filming productions that the Office has helped bring to the state and the economic impact of those productions, and provide similar information concerning the efforts of the Office to promote the music industry in this state. E. On the effective date of this act, all administrative rules promulgated by the Oklahoma Tourism and Recreation Department regarding the Oklahoma Fil m and Music Office shall be transferred to and become a part of the administrative rules of the Oklahoma Department of Commerce. The Office of Administrative Rules in the Office of the Secretary of State shall provide adequate notice in the Oklahoma Register of the transferred rules and shall place the transferred rules under the Administrative Code section of the Oklahoma Department of Commerce. On the effective date of this act, any amendment, repeal or addition to the transferred rules shall be under the rulemaking authority of the Oklahoma Department of SB949 HFLR Page 4 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Commerce. The Department of Commerce may enact rules to administer programs within the Oklahoma Film and Music Office. SECTION 2. AMENDATORY 68 O.S. 2011, Section 3623, as amended by Section 2, Chapter 313, O.S.L. 2019 (68 O.S. Supp. 2020, Section 3623), is amended to read as follows: Section 3623. As used in the Compete with Canada Film Act: 1. “Crew” means any person who works on preproduction, principal photography, and po stproduction, with the exception of producers, principal cast, screenwriters, and the director. The qualifying salary of producers, principal cast, screenwriters, and the director, also known as “above-the-line personnel”, may be included as crew if the s alaries are paid to loan -out corporations and limited liability companies registered to do business in the State of Oklahoma or the salaries are paid to Oklahoma -based above- the-line personnel. The qualifying salary of above -the-line personnel shall not c omprise more than twenty -five percent (25%) of total expenditures as defined in paragraph 2 of this section. For purposes of this paragraph, “Oklahoma-based” means a company or individual with an Oklahoma income tax requirement; 2. “Expenditure” or “production cost” includes but is not limited to: a. wages or salaries of persons who are residents of this state and who have earned income from working on a film in this state, including payments to personal SB949 HFLR Page 5 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 services corporations with respect to the services of qualified performing artists, as determined under Section 62(a)(A) of the Internal Revenue Code, b. the cost of construction and operations, wardrobe, accessories and related services, c. the cost of photography, sound synchronization, lighting and related services, d. the cost of editing and related services, e. rental of facilities and equipment, f. other direct costs of producing a film, and g. the wages and salaries of persons who are defined and registered as an Oklahoma Expatriate by the Office of the Oklahoma Film and Music Commission Oklahoma Film and Music Office within the Oklahoma Department of Commerce; 3. “Film” means a professional single media, multimedia program or feature, which is not child pornography as defined in subsection A of Section 1024.1 of Title 21 of the Oklahoma Statutes or obscene material as defined in paragraph 1 of subsection B of Section 1024.1 of Title 21 of the Oklahoma Statutes , including, but not limited to, national advertising messages that are broadcast on a natio nal affiliate or cable network, fixed on film or digital video, which can be viewed or reproduced and which is exhibited in theaters, licensed for exhibition by individual television stations, groups of SB949 HFLR Page 6 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 stations, networks, cable television stations or othe r means or licensed for home viewing markets; 4. “High impact production ” means a production for which total expenditures or production costs are equal to or greater than Fifty Million Dollars ($50,000,000.00), with at least one -third (1/3) of total costs deemed Oklahoma expenditures by the Office of the Oklahoma Film and Music Commission Oklahoma Film and Music Office ; and 5. “Production company” means a person or company who produces film for exhibition in theaters, on television or elsewhere. SECTION 3. AMENDATORY 68 O.S. 2011, Section 3624, as last amended by Section 3, Chapter 313, O.S.L. 2019 (68 O.S. Supp. 2020, Section 3624), is amended to read as follows: Section 3624. A. There is hereby created the Oklahoma Film Enhancement Rebate Program. A rebate in the amount of up to seventeen percent (17%) of documented expenditures made in Oklahoma directly attributable to the production of a film, television production, or television commercial, as defined in Section 3623 of this title, in this state, may be paid to the production company responsible for the production. Provided, for documented expenditures made after July 1, 2009, the rebate amount shall be thirty-five percent (35%), except as provided in subsection B of this section. SB949 HFLR Page 7 BOLD FACE denotes Committee Amendments. 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 amount of rebate paid to the production company as provided for in subsection A of this section shall be increased by an additional two percent (2%) of documented expenditures if a production company spends at least Twenty Thousand Dollars ($20,000.00) for the use of music created by an Oklahoma resident that is recorded in Oklahoma or for the cost of recording songs or music in Oklahoma for use in the production. C. The rebate program shall be administered by the Office of the Oklahoma Film and Music Commission Oklahoma Film and Music Office within the Oklahoma Department of Commerce and the Oklahoma Tax Commission, as provided in the Compete with Canada Film Act. D. To be eligible for a rebate payment: 1. The production company responsib le for a film, television production, or television commercial, as defined in Section 3623 of this title, made in this state shall submit documentation to the Office of the Oklahoma Film and Music Commission Oklahoma Film and Music Office of the amount of wages paid for employment in this state to residents of this state directly relating to the production and the amount of other production costs incurred in this state directly relating to the production; 2. The production company has filed or will file an y Oklahoma tax return or tax document which may be required by law; 3. Except major studio productions, the production company shall provide the name of the completion guarantor and a copy of the SB949 HFLR Page 8 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 bond guaranteeing the completion of the project or if a fil m has not secured a completion bond, the production company shall provide evidence that all Oklahoma crew and local vendors have been paid and there are no liens against the production company pending in the state; 4. The minimum budget for the film shall be Fifty Thousand Dollars ($50,000.00) of which not less than Twenty -five Thousand Dollars ($25,000.00) shall be expended in this state; 5. The production company shall provide evidence of financing for production prior to the commencement of principal p hotography; and 6. The production company shall provide evidence of a certificate of general liability insurance with a minimum coverage of One Million Dollars ($1,000,000.00) and a workers ’ compensation policy pursuant to state law, which shall include c overage of employer’s liability. E. A production company shall not be eligible to receive both a rebate payment pursuant to the provisions of this act Section 3621 et seq. of this title and an exemption from sales taxes pursuant to the provisions of parag raph 23 of Section 1357 of this title. If a production company has received such an exemption from sales taxes and submits a claim for rebate pursuant to the provisions of the Compete with Canada Film Act, the company shall be required to fully repay the amount of the exemption to the Tax Commission. A claim SB949 HFLR Page 9 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 for a rebate shall include documentation from the Tax Commission that repayment has been made as required herein or shall include an affidavit from the production company that the company has not received an exemption from sales taxes pursuant to the provisions of paragraph 21 of Section 1357 of this title. F. The Office shall approve or disapprove all claims for rebate and shall notify the Tax Commission. The Tax Commission shall, upon notification of approval from the Office of the Film and Music Commission Oklahoma Film and Music Office , issue payment for all approved claims from funds in the Oklahoma Film Enhancement Rebate Program Revolving Fund created in Section 3625 of this title. Excluding any rebate payments to high impact productions as provided for in subsection G of this section, the amount of payments in any single fiscal year shall not exceed Eight Million Dollars ($8,000,000.00). If the amount of approved claims exceeds the amount specified in this subsection in a fiscal year, payments shall be made in the order in which the claims are approved by the Office. If an approved claim is not paid in whole or in part, the unpaid claim or unpaid portion may be paid in the following fiscal ye ar subject to the limitations specified in this subsection. G. 1. At the time the Office of the Film and Music Commission Oklahoma Film and Music Office issues a conditional prequalification for a production, such prequalification may include a proposed SB949 HFLR Page 10 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 designation as a high impact production, as defined in Section 3623 of this title. 2. The proposed designation must be approved by the Cabinet Secretary for Commerce and Tourism. 3. If the high impact production otherwise meets all of the requirements of the Compete With with Canada Act and the Office gives final approval to rebate claims, such rebate claims shall not be subject to the Eight Million Dollar ($8,000,000.00) cap provided for in subsection F of this section. 4. The payment of a rebate claim approved by the Office for a production designated as a high impact production by the Cabinet Secretary may be made as follows: a. by special appropriation to the Oklahoma Film Enhancement Rebate Program Revolving Fund, if the claim is approved during a re gular or special session of the Oklahoma Legislature, or b. by payment from the Oklahoma Quick Action Closing Fund pursuant to Section 48.2 of Title 62 of the Oklahoma Statues, if the claim is approved when the Oklahoma Legislature is not in session. SECTION 4. AMENDATORY 74 O.S. 2011, Section 500.18, as last amended by Section 10, Chapter 269, O.S.L. 2016 (74 O.S. Supp. 2020, Section 500.18), is amended to read as follows: SB949 HFLR Page 11 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Section 500.18. A. Except for members of the Legislature , the Governor and the Lieutenant Governor, provisions of Sections 500.1 through 500.18 of this title shall be mandatory for all officials and employees of all departments, boards, commissions and institutions of the state, regardless of the provisions of any other act of the Legislature, except as provided by this section. The enactment of any measure in the future providing for travel reimbursement of state officers and employees on the basis of “actual and necessary ” expenses or in any other manner inco nsistent with Sections 500.1 through 500.18 of this title shall be deemed to provide for reimbursement in accordance with Sections 500.1 through 500.18 of this title unless a contrary intent is explicitly expressed in this section. Sections 500.1 through 500.18 of this title shall not apply, however, to travel reimbursements made by political subdivisions of this state, except as otherwise provided by law. B. The agencies listed below are authorized certain exceptions and/or exemptions to the provisions o f Sections 500.1 through 500.18 of this title to the extent specified: 1. Oklahoma Department of Agriculture, Food, and Forestry: a. The actual and reasonable expenses of travel and subsistence in pursuing and developing markets for Oklahoma agricultural products incurred by the Commissioner, Deputy Commissioner and such employees SB949 HFLR Page 12 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 designated by the State Board of Agriculture within the marketing development programs of the Oklahoma Department of Agriculture, Food, and Forestry shall be reimbursed to the em ployee incurring such expenses. Reimbursement of such expenses shall be in accordance with rules adopted by the Board. Expenses claimed shall, prior to reimbursement, be reviewed by the Board at a regular meeting and individually approved or disapproved. b. The actual and necessary expenses of out -of-state travel and subsistence incurred by employees of the Forestry Division authorized to evaluate and acquire federal excess property or surplus property in other states for use in its fire protection progra m, shall be reimbursed to the employee incurring such expenses. 2. Department of Public Safety: When traveling with the Governor or at the Governor ’s request, personnel assigned by the Commissioner for executive security and pilots on executive assignment shall be allowed their actual and necessary traveling expenses, upon claims approved by the Commissioner. 3. Department of Corrections: The Department of Corrections shall be exempt from limitations of reimbursement for rented automobiles, as set forth i n Section SB949 HFLR Page 13 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 500.5 of this title, when the rental is by a Correctional Officer or Transportation Officer for the limited purpose of transporting inmates. Reimbursement for the expense shall be on the basis of actual cost. 4. Oklahoma Tourism and Recreation Department: The Oklahoma Tourism and Recreation Commission and Department staff who promote in -state and out-of-state business for Oklahoma ’s state-operated or state-owned parks, lodges, and golf courses and the tourism and recreation industry, may be reim bursed for the actual and necessary expense of travel, subsistence and entertainment for this purpose. The Director of the Oklahoma Tourism and Recreation Department may reimburse the Publisher of Oklahoma Today magazine and its staff for expenses for mea ls and other entertainment in order to gain advertising and promotion for Oklahoma Today magazine. The Oklahoma Tourism and Recreation Department may reimburse the Director of the Office of the Oklahoma Film and Music Commission and staff for the actual a nd necessary expenses for meals and other entertainment in order to promote the film and music industries in this state. Reimbursement of all actual and necessary expenses shall be in accordance with rules adopted by the Oklahoma Tourism and Recreation Co mmission. 5. Oklahoma Department of Commerce: a. The actual and necessary expenses incurred by the Director and other employees of the Department SB949 HFLR Page 14 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 authorized by the Director for the purpose of business recruitment shall be reimbursed. Reimbursement of expenses shall be in accordance with rules adopted by the Director of the Oklahoma Department of Commerce. Expenses claimed shall, prior to reimbursement, be reviewed by the Director and individually approved or disapproved. b. The Department, at the discret ion of the Director, may charter aircraft for the purposes of carrying out its duties and responsibilities related to business recruitment and performing the duties of the Director. The cost of such charter shall be exempt from the provisions of Section 5 00.6 of this title. Claims filed with the Office of Management and Enterprise Services shall bear the following certification: The best interests of the citizens of Oklahoma were better served in that conventional ground transportation was not practical o r feasible for this trip, aircraft from the Department of Public Safety were not available for this trip, and no other claim has been or will be filed as a payment for the cost of transportation in connection with this trip. c. The Oklahoma Department of C ommerce may reimburse the Oklahoma Film and Music Office staff for the actual SB949 HFLR Page 15 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 and necessary expenses for meals and other entertainment in order to promote the film and music industries in this state. Reimbursement of all actual and necessary expenses shal l be in accordance with rules adopted by the Oklahoma Department of Commerce. 6. Office of Management and Enterprise Services: The actual and necessary expenses of travel and subsistence incurred by the Director, any state employee approved by his or her appointing authority, or state officials, for travel outside the state in performance of duties related to bond financing shall be reimbursed to the employee or state official incurring such expenses. Reimbursement for lodging expenses shall be supported by three telephone bids from hotels within a reasonable distance of the activity for which the travel was approved. 7. Oklahoma Futures: The actual and necessary expenses incurred by the members of Oklahoma Futures in the performance of their duties shall be reimbursed to the members incurring such expenses. Reimbursement of all actual and necessary expenses shall be in accordance with rules adopted by Oklahoma Futures. 8. Oklahoma Development Finance Authority: The actual and necessary expenses incurred by the members and employees of the Oklahoma Development Finance Authority in the performance of their duties shall be reimbursed to the person SB949 HFLR Page 16 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 incurring such expenses. Reimbursement of all actual and necessary expenses shall be in accordance with the by laws of the Authority. 9. Oklahoma Center for the Advancement of Science and Technology: The actual and necessary expenses incurred by the members and employees of the Oklahoma Center for the Advancement of Science and Technology in the performance of the ir duties shall be reimbursed to the person incurring such expenses. Reimbursement of all actual and necessary expenses shall be in accordance with the bylaws of the Center. 10. Center for International Trade Development: The actual and necessary expense s of travel, lodging and subsistence incurred by the Director and authorized employees of the Center for International Trade Development for performance of their duties for the purpose of business recruitment and assistance shall be reimbursed to the perso n incurring such expenses. Reimbursement of such expenses shall be in accordance with the rules adopted by the Director of the Center for International Trade Development. Expenses claimed shall be reviewed and individually approved or disapproved, prior to reimbursement, first by the Director, and finally by either the Vice President, Business and Finance of Oklahoma State University or the President of Oklahoma State University. 11. Oklahoma State Bureau of Investigation: SB949 HFLR Page 17 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 The actual and necessary expens es incurred by the Director and other employees of the Bureau authorized by the Director as a result of conducting investigations shall be reimbursed to each such employee incurring the expenses. Reimbursement of the expenses shall be in accordance with r ules adopted by the Director of the Oklahoma State Bureau of Investigation. Prior to reimbursement, expenses claimed shall be reviewed by the Director and individually approved or disapproved. 12. Department of Human Services: a. The actual and necessary expenses of travel, lodging and subsistence incurred by employees of the Legal Division in the performance of their duties for the purpose of representing the Department of Human Services or any of its officials, employees, institutions or hospitals at an y proceeding, including depositions, held before any court, administrative body or representative thereof, shall be reimbursed to the employee incurring such expenses. Expenses claimed shall be approved by the General Counsel and the Director of Human Ser vices prior to reimbursement. b. The Department, at the discretion of the Director, may charter aircraft when determined by the Director such charter would be more practical or less expensive than normal modes of transportation and when aircraft of SB949 HFLR Page 18 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 the Department of Public Safety are unavailable. The costs of such charter shall be exempt from the provisions of Section 500.6 of this title. 13. Oklahoma Health Care Authority: The actual and necessary expenses of travel, lodging and subsistence incurred by e mployees of the Legal Division in the performance of their duties for the purpose of representing the Authority or any of its officials or employees, at any proceeding , including depositions, held before any court, administrative body or representative thereof, shall be reimbursed to the employee incurring such expenses. Expenses claimed shall be approved by the Administrator prior to reimbursement. 14. Oklahoma State Bureau of Narcotics and Dangerous Drugs Control: The actual and necessary expenses incur red by the Director and other employees of the Bureau authorized by the Director as a result of conducting investigations shall be reimbursed to each employee incurring the expenses. Reimbursement of the expenses shall be in accordance with rules adopted by the Director of the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control. Prior to reimbursement, expenses claimed shall be reviewed by the Director and individually approved or disapproved. 15. University Hospitals: SB949 HFLR Page 19 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 The actual and necessary expenses of travel, lodging and subsistence incurred by employees of the Legal Office in the performance of their duties for the purpose of representing the University Hospitals or any of its officials, employees, institutions or hospitals at any proceedi ng, including depositions, held before any court, administrative body or representative thereof, shall be reimbursed to the employee incurring such expenses. Expenses shall be approved by the Chief Executive Officer of the University Hospitals or by the U niversity Hospitals Authority. 16. Oklahoma Historical Society: The actual and necessary expenses of travel, subsistence and entertainment incurred by the Executive Director, Deputy Director and any employees designated by the Executive Committee of the Oklahoma Historical Society Board of Directors in pursuing and developing programs and projects for the preservation and marketing of Oklahoma history shall be reimbursed to the person incurring the expenses. Reimbursement of expenses shall be in accordanc e with rules adopted by the Oklahoma Historical Society Board of Directors. Prior to reimbursement, expenses claimed shall be reviewed by the Executive Committee at a regularly scheduled meeting and each claim shall be individually approved or disapproved . 17. The Oklahoma Department of Mines: SB949 HFLR Page 20 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 The actual and necessary expenses of travel, lodging and subsistence incurred by employees of the Department in the performance of their duties for the purpose of representing the Department or any of its officials or employees, at any proceeding, hearing or meeting with federal agencies, boards, commissions, congressional representatives, congressional committees or staff, shall be reimbursed to the employee incurring such expenses. Expenses claimed shall be approv ed by the Executive Director prior to reimbursement. 18. The Office of Attorney General: The actual and necessary expenses of travel, lodging and subsistence incurred by its employees in the performance of their duties for the purpose of representing the state, the Legislature, any state board, agency or commission, or any employee or official of the state entitled to representation, at any proceeding , including depositions, held before any court, administrative body or any representative thereof, and the actual and necessary expenses incurred by employees as a result of conducting investigations shall be reimbursed to the employee incurring the expenses. The expenses shall be approved by the Attorney General prior to reimbursement. 19. District Attorneys Council: The actual and necessary expenses of travel, lodging and subsistence incurred by each district attorney and other employees of the district attorney authorized by the district attorney in the SB949 HFLR Page 21 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 performance of their duties for any district other tha n the district for which they are employed for the purpose of representing the state, any county, or any employee or official of the state entitled to representation at any proceeding , including depositions held before any court, administrative body or any representative of a court or administrative body, and the actual and necessary expenses incurred as a result of conducting investigations shall be reimbursed to each employee incurring the expenses. Reimbursement of the expenses shall be in accordance wi th rules adopted by the District Attorneys Council. Prior to reimbursement, expenses claimed shall be reviewed by the Council and individually approved or disapproved. 20. The Department of Securities: The actual and necessary expenses of travel, lodging and subsistence incurred by the Administrator and other employees of the Department of Securities in the performance of their duties for the purpose of representing the Department of Securities, at any proceeding, including depositions, held before any co urt, administrative body or any representative thereof, conducting on - site examinations, or conducting investigations, shall be reimbursed to each employee incurring the expenses. The expenses shall be approved by the Administrator of the Department of Se curities prior to reimbursement. 21. Corporation Commission: SB949 HFLR Page 22 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 The actual and necessary travel expenses incurred by the staff of the Public Utility Division as a result of conducting audits and/or reviews of utility service providers shall be reimbursed to each such employee incurring the expense. Reimbursement of the expenses shall be as set forth in procedures established by the appointing authority. 22. The Department of Human Services: Employees of the Department of Human Services shall be reimbursed for their actual and necessary expenses of travel, lodging and subsistence incurred in the performance of their duties for the purpose of escorting and transporting children or adults in the care or custody of the Department: a. for out-of-state visitation, care, treatment and placement of a child welfare client, b. for out-of-state treatment for or placement of an adult protective services client, c. for out-of-state treatment for or placement of a resident of a state resource center, or d. for out-of-state treatment for or placement of an individual with a developmental disability who is living in the community in community residential services. Expenses claimed shall be approved by the appropriate Division Administrator or Associate Director prior to reimb ursement. SB949 HFLR Page 23 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 23. The Banking Department: The actual and necessary expenses of travel and lodging incurred by the Commissioner and other employees of the Banking Department in the performance of their duties for the Banking Department shall be paid or reimbursed by the Banking Department to each employee incurring the expenses. The expenses shall be approved by the Banking Commissioner prior to payment or reimbursement. 24. Oklahoma Office of Homeland Security: The actual and necessary expenses of travel, lo dging, and subsistence incurred by the Oklahoma Homeland Security Director, as a result of the duties and responsibilities of the Director, shall be paid or reimbursed by the Oklahoma Office of Homeland Security. 25. The Grand River Dam Authority: The actual and necessary expenses of travel and lodging incurred by the Board of Directors and other employees of the district in the performance of their duties for the Grand River Dam Authority shall be paid or reimbursed by the district to each Director or emp loyee incurring the expenses. The expenses shall be approved by the General Manager of the Grand River Dam Authority prior to payment or reimbursement. 26. The Native American Cultural and Educational Authority: The actual and necessary expenses incurred by the Directors and employees of the Native American Cultural and Educational Authority SB949 HFLR Page 24 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 in performances of duties. The expenses shall be approved by the Director prior to payment or reimbursement. 27. Oklahoma Department of Career and Technology Educat ion: The actual and necessary expenses incurred by the Director and other employees of the Department, authorized by the Director, for the purpose of business recruitment, training, and the provision of technical assistance shall be reimbursed. Reimbursem ent of expenses shall be in accordance with rules adopted by the State Board of Career and Technology Education. Expenses claimed, prior to the reimbursement, will be reviewed by the Board and individually approved or disapproved. C. The agencies listed in subsection B of this section shall be required to report annually the actual expenses excepted or exempted from Sections 500.1 through 500.18 of this title to the Governor, the President Pro Tempore of the Senate, and the Speaker of the House of Representatives. The report shall be submitted no later than the first day of September following the end of each fiscal year. SECTION 5. NEW LAW A new section of law not to be codified in the Oklahoma Statutes reads as follows: The Director of the Office of Management and Enterprise Services is hereby directed to coordinate the transfer of employees, funds, allotments, purchase orders and outstanding financial obligations of SB949 HFLR Page 25 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 the Oklahoma Film and Music Office to the Oklahoma Department of Commerce. SECTION 6. This act shall become effective July 1, 2021. SECTION 7. It being immediately necessary for the preservation of the public peace, health or safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval. COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS AND BUDGET , dated 04/15/2021 - DO PASS.