Oklahoma 2022 2022 Regular Session

Oklahoma Senate Bill SB949 Enrolled / Bill

Filed 04/22/2021

                     
 
 
An Act 
ENROLLED 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 Department of Commerc e; 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 Commerce; 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, Section s 3623 and 
3624), which relate to the Compete with Canada Film 
Act; clarifying statutor y 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 to the Sta te Travel 
Reimbursement Act; authorizing the Okla homa 
Department of Commerce to reimbur se certain 
expenditures of the Oklahoma Film and Music Office; 
requiring the director of the Office of Management 
and Enterprise Services to coordinate the transfer of 
the Oklahoma Film and Music Office to the Oklahoma 
Department of Commerce; providing for 
noncodification; providing an effective date; and 
declaring an emergency. 
   
 
ENR. S. B. NO. 949 	Page 2 
 
 
 
 
SUBJECT:  Oklahoma Film and Music Office 
 
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 Co mmerce, the Oklahoma Film and Music O ffice.  
The Office shall have the primary respons ibility in state government 
for promoting the state as a location for producing mot ion pictures, 
television programs, videos and recording or performing music.  The 
Office shall assist the motion picture, te levision and video film 
and music industries by p roviding production contacts in the state, 
suggesting possible filming, performing, publishing, and recording 
locations, and other activities that may be required to prom ote the 
state as a filming and music center.  The Office sha ll 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 cooperate 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 loc ated in the state.  The Office 
shall not require production companies to pay a fee for 
registration.  The purpose of the program shall be to allow the 
Office to accurately track the number of filming product ions 
occurring in the state and the economic impa ct of those productions. 
 
D.  The Oklahoma Film and Music Office shall submit an ann ual 
report to the Governor, the Speaker of the House of Representatives, 
and the President Pro Tempore of the Senate prior t o July 1 of each   
 
ENR. S. B. NO. 949 	Page 3 
year regarding the activities of the Office.  The report shall state 
the number of filming productions that the Off ice has helped bring 
to the state and the economic impact of those productions, and 
provide similar information concerning t he efforts of the Of fice to 
promote the music ind ustry in this state. 
 
E.  On the effective date of this act, all administrative ru les 
promulgated by the Oklahoma Tourism and Recreation Department 
regarding the Oklahoma Film and Music Office shall be transf erred to 
and become a part of the administrative rules of the Oklahoma 
Department of Commerce.  The Offic e 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 Admini strative 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 
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 postproduction, with the exception o f 
producers, principal cast, screenwriters, an d 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 th e salaries are paid to loan-out corporations 
and limited liability companies regist ered 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 comprise 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:   
 
ENR. S. B. NO. 949 	Page 4 
 
a. wages or salaries of persons w ho are residents of this 
state and who have earned income from working on a 
film in this state, including payments to personal 
services corporations with respect to the servic es of 
qualified performing artists, a s determined under 
Section 62(a)(A) of the I nternal 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 Commis sion Oklahoma Film 
and Music Office within the Oklahoma Department of 
Commerce; 
 
3.  “Film” means a professional single media, multimedia prog ram 
or feature, which is not child pornography as defined in subsection 
A of Section 1024.1 of Title 21 of the Okla homa 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 na tional 
affiliate or cable network, fi xed on film or digital video, which 
can be viewed or reproduced and which is exhibited in theaters, 
licensed for exhibition by individual tel evision stations, groups of 
stations, networks, cable television stations or o ther means or 
licensed for home viewi ng markets; 
 
4.  “High impact production” means a production for which total 
expenditures or production costs are equal to or greater than Fif ty 
Million Dollars ($50,000,000.00), with at least one -third (1/3) of 
total costs deemed Oklahoma expenditures by t he Office of the   
 
ENR. S. B. NO. 949 	Page 5 
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, a s 
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 th e production of a film, television 
production, or television commercial, as defined in Section 3623 of 
this title, in this state, may be pai d 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. 
 
B.  The amount of rebate p aid 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 Dolla rs 
($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 respon sible 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 st ate directly relatin g to the production   
 
ENR. S. B. NO. 949 	Page 6 
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 any Oklahoma 
tax return or tax doc ument 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 
bond guaranteeing the completion of the project or if a film has not 
secured a completion bond, the production company s hall 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 sh all be Fifty Thousand 
Dollars ($50,000.00) of which not less th an 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 principa l photography; 
and 
 
6.  The production company shall provide e vidence 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 includ e coverage 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 paragraph 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 
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 sale s taxes pursuant to the provisions of 
paragraph 21 of Section 1357 of this title. 
   
 
ENR. S. B. NO. 949 	Page 7 
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 year 
subject to the limitati ons 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 
designation as a high imp act 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 r ebate 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 produc tion 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 regular or special sess ion 
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   
 
ENR. S. B. NO. 949 	Page 8 
Statues, if the claim is approved when the Oklahoma 
Legislature is not in session. 
 
SECTION 4.     AMENDATORY     74 O.S. 2011, Section 500.18, a s 
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: 
 
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 depart ments, 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 inconsistent 
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 ma de 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 of 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 expens es of travel and 
subsistence in pursuing and developing markets for 
Oklahoma agricultural products incurr ed by the 
Commissioner, Deputy Commissioner and such employ ees 
designated by the State Board of Agriculture within 
the marketing development programs o f the Oklahoma 
Department of Agriculture, Food, and Forestry shall be 
reimbursed to the employee incurrin g such expenses.  
Reimbursement of such expenses shall be i n accordance 
with rules adopted by the Board. Expenses claimed 
shall, prior to reimbursemen t, be reviewed by the   
 
ENR. S. B. NO. 949 	Page 9 
Board at a regular meeting and individually approved 
or disapproved. 
 
b. The actual and necessary expenses of out-of-state 
travel and subsisten ce 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 program, shall 
be reimbursed to the empl oyee 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 al lowed their actual and 
necessary traveling expenses, upon clai ms approved by the 
Commissioner. 
 
3.  Department of Corrections: 
 
The Department of Correction s shall be exempt from limitations 
of reimbursement for rented automobiles, as set forth in Section 
500.5 of this title, whe n the rental is by a Correctional Office r 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 Departmen t: 
 
The Oklahoma Tourism a nd 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 reimbursed f or 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 meals and 
other entertainment in orde r to gain advertising and promotion for 
Oklahoma Today magazine.  The Oklahoma Tourism and Recreation 
Department may reimburse the D irector of the Office of the Oklahoma 
Film and Music Commission and staff for the actual and neces sary 
expenses for meals an d other entertainment in order to promot e the   
 
ENR. S. B. NO. 949 	Page 10 
film and music industries in this state.  Reimbursement of all 
actual and necessary ex penses shall be in accordance with rules 
adopted by the Oklahoma Tourism and Recreation Commission . 
 
5.  Oklahoma Department of Commerce: 
 
a. 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 shall be reimbursed.  Reimbursement of 
expenses shall be in accordance with rules adopted by 
the Director of the Okl ahoma Department of Commerce.  
Expenses claimed shall, prior to reimbursement, be 
reviewed by the Director and individually approved or 
disapproved. 
 
b. The Department, at the discretion o f the Director, may 
charter aircraft for the purposes of carrying out its 
duties and responsibilities related to business 
recruitment and performing the duties o f the Director.  
The cost of such charter shall be exempt from the 
provisions of Section 500.6 of this title.  Claims 
filed with the Office of Management and Enterp rise 
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 or fe asible 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 fo r the cost of 
transportation in connection with this trip. 
 
c. The Oklahoma Department of Commerce may reimburse the 
Oklahoma Film and Music Office staff for the actual 
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 shall b e in accordance with 
rules adopted by the Oklahoma Department of Commerce. 
 
6.  Office of Management and Enterprise Services:   
 
ENR. S. B. NO. 949 	Page 11 
 
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 b y 
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 shal l 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 incur red by the members and 
employees of the Oklahoma Development Finance Authorit y in the 
performance of their 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 Authori ty. 
 
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 o f their duties shall be reimbursed to 
the person incurring such expenses.  Reim bursement 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 expenses of travel, lodgin g and 
subsistence incurred by the Director and authoriz ed employees of the 
Center for International Trade Development for performance of their 
duties for the purpose of business recruitment and assistance shall   
 
ENR. S. B. NO. 949 	Page 12 
be reimbursed to the person incurring such ex penses.  Reimbursement 
of such expenses shall be in acc ordance 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, f irst by the Director, and 
finally by either the Vice Pr esident, Business and Finance of 
Oklahoma State University or the President of Oklahoma State 
University. 
 
11.  Oklahoma State Bureau of Investigation: 
 
The actual and necessa ry expenses incurred by the Director and 
other employees of the Bureau authorized b y 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 accordan ce with rules 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 hosp itals 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 General Counsel and 
the Director of Human Services prior to reim bursement. 
 
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 aircraf t of 
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. 
   
 
ENR. S. B. NO. 949 	Page 13 
13.  Oklahoma Health Care Authority: 
 
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 
Authority or any of its officials or employees, at any proceeding , 
including depositions, held before any court, administrative body or 
representative thereof, shall be r eimbursed to the employee 
incurring such expenses.  Expens es claimed shall be approved by the 
Administrator prior to reimbursement. 
 
14.  Oklahoma State Bureau of Narcotics and Dangerous Drugs 
Control: 
 
The actual and necessar y expenses incurred by the Dir ector and 
other employees of the Bureau authorized by the Di rector 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 Directo r of the Oklahoma State 
Bureau of Narcotics and Dangerous Dr ugs Control.  Prior to 
reimbursement, expenses claimed shall be reviewed by the Director 
and individually approved or disapproved. 
 
15.  University Hospitals: 
 
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 hospita ls at any proceeding , including depositions, 
held before any court, administrative body or r epresentative 
thereof, shall be reimbursed to the employee incurring such 
expenses.  Expenses shall be approved by the Chief Executive Officer 
of the University Hos pitals or by the University Ho spitals 
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 Executiv e Committee of the 
Oklahoma Historical Society Board of Directors in pursuing and   
 
ENR. S. B. NO. 949 	Page 14 
developing programs and projects for the preservation and marketing 
of Oklahoma history shall be reimbursed to the person incurring the 
expenses.  Reimbursement of expenses s hall be in accordance 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 app roved or disapproved. 
 
17.  The Oklahoma Department of Mines: 
 
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 emplo yees, 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 approved by th e 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 empl oyee 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 conduct ing 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 Coun cil: 
 
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 
performance of their duties for any district other than th e 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   
 
ENR. S. B. NO. 949 	Page 15 
before any court, administrative body or any rep resentative of a 
court or administrative body, and the actual and nece ssary 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 with r ules adopted by the 
District Attorneys Council.  Prior to reimbursemen t, 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 a nd 
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 cour t, 
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 Administr ator of the Department of Secu rities prior 
to reimbursement. 
 
21.  Corporation Commission: 
 
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 pro viders 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 Huma n 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 an d 
placement of a child welfare client, 
   
 
ENR. S. B. NO. 949 	Page 16 
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 reso urce center, or 
 
d. for out-of-state treatment for or p lacement of an 
individual with a developmental disabili ty who is 
living in the community in community residential 
services. 
 
Expenses claimed shall be approved by the appropriate Division 
Administrator or Associate Director prior t o reimbursement. 
 
23.  The Banking Department: 
 
The actual and necessary expenses o f travel and lodging incurred 
by the Commissioner and other employees of the Banking Department in 
the performance of their duties for the Bank ing Department shall be 
paid or reimbursed by the Banking Department to each employee 
incurring the expenses.  Th e 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, lodging, 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 Author ity: 
 
The actual and necessary e xpenses 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 Di rector or employee 
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 : 
   
 
ENR. S. B. NO. 949 	Page 17 
The actual and necessary ex penses incurred by the Directors a nd 
employees of the Native American Cultural and Educat ional Authority 
in performances of duties.  The expenses shall be approved by the 
Director prior to payment or reimbursement. 
 
27.  Oklahoma Department of Career and T echnology Education: 
 
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 reimbu rsed.  Reimbursement of expenses 
shall be in accordance with rules adopted by the State Boa rd 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 a ctual 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 th e 
House of Representatives.  The repo rt shall be submitted no later 
than the first day of Se ptember 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 an d Enterprise Services 
is hereby directed to coordinate the transfer of employees, funds, 
allotments, purchase orders and outstanding financial obligations of 
the Oklahoma Film and Music Office to the Ok lahoma Department of 
Commerce. 
 
SECTION 6.  This act shall becom e effective July 1, 2021. 
 
SECTION 7.  It being immediately necessary for the pr eservation 
of the public peace, health or safety, an emergency is hereby 
declared to exist, by reason whereof this act shall take effect and 
be in full force from and after its passage and approval. 
   
 
ENR. S. B. NO. 949 	Page 18 
Passed the Senate the 4th day of March, 2021. 
 
 
  
 	Presiding Officer of the Senate 
 
 
Passed the House of R epresentatives the 21st day of April, 2021. 
 
 
  
 	Presiding Officer of the House 
 	of Representatives 
 
OFFICE OF THE GOVERNOR 
Received by the Office of the Governor this _______ _____________ 
day of _________________ __, 20_______, at _______ o'clock _______ M . 
By: ________________________ _________ 
Approved by the Governor of the State of Oklahoma this _____ ____ 
day of _________________ __, 20_______, at _______ o'clock _______ M. 
 
 	_________________________________ 
 	Governor of the State of Oklahoma 
 
 
OFFICE OF THE SECRETARY OF STATE 
Received by the Office of the Secretary of State this _______ ___ 
day of __________________, 20 _______, at _______ o'clock _______ M. 
By: _______________________________ __