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ENGROSSED SENATE
BILL NO. 38x By: Thompson (Roger) and Hall
of the Senate
and
Wallace and Martinez of the
House
An Act relating to the Oklahoma State Regents for
Higher Education; making an appropriation;
identifying source; establishin g amount; providing
purpose; requiring and limiting the utilization of
funds; creating certain special account; limiting
duration of account; requiring certain
determinations; providing and limiting the nature of
the account and the funds within the account;
authorizing agency to submit request for certain
deposits or transfers; requiring certain co mpliance
and verifications; authorizing certain memorandums of
understanding; limiting scope; prohibiting certain
memoranda terms; authorizing and limitin g the
promulgation of rules and utilization of procedures;
authorizing and limiting the retention of m onies for
administration costs; requiring certain reports and
submissions to certain entities; requiring appearance
before certain joint committee; limi ting duration of
certain requirements; providing determination
process; establishing requirements; and declaring an
emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. There is hereby approp riated to the Oklahom a State
Regents for Higher Education from any monies not otherwise
appropriated from the Statewide Recovery Fund of the State Treasury
created in Enrolled House Bill No. 3349 of the 2nd Session of the
58th Oklahoma Legislature, the sum of Five Million Dollars
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($5,000,000.00) or so much thereof as m ay be necessary to implement
teacher acceleration p rograms which target high need teaching
resources to address educational dispariti es that were exacerbated
by the pandemic. Such funds shall be utilized in a manner
consistent with the recommendations adopted by the Joint Committee
on Pandemic Relief Funding on May 19, 2023.
SECTION 2. A. There is hereby created in the State Treasury a
Statewide Recovery Special Account for the Oklahoma State R egents
for Higher Education for the appropriated monies as provided for in
Section 1 of this act. The duration of such account shall continue
for the period of time that monies related to the American Rescue
Plan Act of 2021 are being budgeted, expended, or managed in the
state. The ending of such period shall be determined by the State
Treasurer, and shall result in the closing of such account as a
matter of law. Such account shall be a continuing account as
otherwise provided in this section, not subject to fiscal year
limitations, and shall exclusively consist of monies related to the
relevant appropriation made in this act and as otherwise directed by
law. All monies deposited to the credit of such account are hereby
appropriated and may be budgeted and expended by the Oklahoma State
Regents for Higher Education in accordance with the provisions of
this act. Expenditures from such account shall be made upon
warrants issued by the State Treasurer agai nst claims filed as
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prescribed by law with the Director of the Office of Management and
Enterprise Services for approval and payment.
B. The Oklahoma State Regents for Higher Education are
authorized to request in writing that the monies appropriated by the
provisions of this act be deposited or transferred to the account
created pursuant to subsection A of this section. No later than
seven (7) calendar days from the date of such request, the Director
of the Office of Management and Enterprise Services shall comply
with such request and verify to the requesting agency that such
deposit or transfer has been completed.
SECTION 3. The Oklahoma State Regents for Higher Education may
enter into memorandums of understanding with other agencies of the
State of Oklahoma for the auditing, documentation, evaluation,
implementation, oversight, reporting, and management of funds and
associated efforts related to the appropriation made in this act;
provided, no such memorandum of understanding shall require or
include, as an option or condition, the direct or practical transfer
or relinquishment of control by the agency appropriated such funds
to budget, expend, allocate, and request the distribution of the
funds appropriated by this act.
SECTION 4. The Oklahoma State Regents for Hig her Education may
promulgate rules, utilize existing rules, establish procedures, and
utilize existing procedures to implement the provisions of this act,
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provided such rules and procedures do not conflict with or impede
the provisions of this act.
SECTION 5. The Oklahoma State Regents for Higher Education
shall retain no more than two percent (2%) of the funds appropriated
by this act to reimburse:
1. Costs incurred by the Oklahoma State Regents for Higher
Education; or
2. Costs incurred on the agency’s behalf,
associated with the administration of the appropriated funds and
programming required by the Oklahoma State Regents for Higher
Education under the provisions of this act; provided, no funds shall
be retained that would be disallowable under the provisions of the
American Rescue Plan Act of 2021.
SECTION 6. A. The Oklahoma State Regents for Higher Edu cation
shall:
1. Submit to the chairs of the Joint Committee on Pandemic
Relief Funding, or any successor of the Oklahoma State Senate or
Oklahoma House of Representatives legislative committee or joint
committee, as designated by the President Pro Tempore of the
Oklahoma State Senate and the Speaker of the Oklahoma House of
Representatives:
a. a written or electronic quarterly report detailing the
budgeting, expenditure, and management of all monies
appropriated in this act, and
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b. a copy of all memorandums of understanding and
contracts with third parties entered into by the
Oklahoma State Regents for Higher Education to
facilitate, assist, or administer powers and duties
provided to the Oklahoma State Regents for Higher
Education under the provisions of this act; and
2. At the Joint Committee on Pandemic Relief Funding’s request,
appear before the Joint Committee no later than six (6) months after
the effective date of this act, and as otherwise requested by the
Joint Committee to provide a status update regarding the
implementation of the provisions of this act.
B. The provisions of subsection A of this section shall remain
applicable for the period of time that monies appropriated under
this act are being budgeted, expended, or managed in the state. The
ending of such period s hall be determined by the State Treasurer,
and shall be reported to the Governor, President Pro Tempore of the
Oklahoma State Senate, and the Speaker of the Oklahoma House of
Representatives.
SECTION 7. For all projects funded in this measure, if a
nonprofit 501(c)(3) organization may help implement the project, the
Oklahoma State Regents for Higher Education shall require the
nonprofit show that it:
1. Provides direct services to residents of Oklahoma;
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2. Is in good standing with the Office of the Secretary of
State;
3. Is in compliance with the applicable federal and Oklahoma
tax laws for years 2019, 2020, and 2021; and
4. Continues to provide its good standing with the Office of
the Secretary of State and is in compliance with applicable federal
and Oklahoma tax laws fo r all years the nonprofit is helping
implement the program.
SECTION 8. 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 t ake effect and
be in full force from and after its passage and approval.
Passed the Senate the 24th day of May, 2023.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2023.
Presiding Officer of the House
of Representatives