Oklahoma 2023 1st Special Session

Oklahoma Senate Bill SB38 Compare Versions

Version 1 (Old)

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4		-	An Act
5		-	ENROLLED SENATE
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
	30	+
	31	+	STATE OF OKLAHOMA
	32	+
	33	+	1st Session of the 59th Legislature (2023)
	34	+
	35	+	ENGROSSED SENATE
6	36		BILL NO. 38x By: Thompson (Roger) and Hall
7	37		of the Senate
8	38
9	39		and
10	40
11	41		Wallace and Martinez of the
12	42		House
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17	47		An Act relating to the Oklahoma State Regents for
18	48		Higher Education; making an appropriation;
19	49		identifying source; establishin g amount; providing
20	50		purpose; requiring and limiting the utilization of
21	51		funds; creating certain special account; limiting
22	52		duration of account; requiring certain
23	53		determinations; providing and limiting the nature of
24	54		the account and the funds within the account;
25	55		authorizing agency to submit request for certain
26	56		deposits or transfers; requiring certain co mpliance
27	57		and verifications; authorizing certain memorandums of
28	58		understanding; limiting scope; prohibiting certain
29	59		memoranda terms; authorizing and limitin g the
30	60		promulgation of rules and utilization of procedures;
31	61		authorizing and limiting the retention of m onies for
32	62		administration costs; requiring certain reports and
33	63		submissions to certain entities; requiring appearance
34	64		before certain joint committee; limi ting duration of
35	65		certain requirements; providing determination
36	66		process; establishing requirements; and declaring an
37	67		emergency.
38	68
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41		-	SUBJECT: Oklahoma State Regents for Higher Education
42		-
43	71		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
44		-
45	72		SECTION 1. There is hereby approp riated to the Oklahom a State
46	73		Regents for Higher Education from any monies not otherwise
47	74
48		-	ENR. S. B. NO. 38x Page 2
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49	101		appropriated from the Statewide Recovery Fund of the State Treasury
50	102		created in Enrolled House Bill No. 3349 of the 2nd Session of the
51	103		58th Oklahoma Legislature, the sum of Five Million Dollars
52	104		($5,000,000.00) or so much thereof as m ay be necessary to implement
53	105		teacher acceleration p rograms which target high need teaching
54	106		resources to address educational d isparities that were exacerbated
55	107		by the pandemic. Such funds shall be utilized in a manner
56	108		consistent with the recommendations adopted by the Joint Committee
57	109		on Pandemic Relief Funding on May 19, 2023.
58		-
59	110		SECTION 2. A. There is hereby created in the State Treasury a
60	111		Statewide Recovery Special Account for the Oklahoma State R egents
61	112		for Higher Education for the appropriated monies as provided for in
62	113		Section 1 of this act. The duration of such account shall continue
63	114		for the period of time that monies related to the American Rescue
64	115		Plan Act of 2021 are being budgeted, expended, or managed in the
65	116		state. The ending of such period shall be determined by the State
66	117		Treasurer, and shall result in the closing of such account as a
67	118		matter of law. Such account shall be a continuing account as
68	119		otherwise provided in this section, not subject to fiscal year
69	120		limitations, and shall exclusively consist of monies related to the
70	121		relevant appropriation made in this act and as otherwise directed by
71	122		law. All monies deposited to the credit of such account are hereby
72	123		appropriated and may be budgeted and expended by the Oklahoma State
73	124		Regents for Higher Education in accordance with the provisions of
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	126	+	SB38X HFLR Page 3
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74	152		this act. Expenditures from such account shall be made upon
75	153		warrants issued by the State Treasurer agai nst claims filed as
76	154		prescribed by law with the Director of the Office of Management and
77	155		Enterprise Services for approval and payment.
78		-
79	156		B. The Oklahoma State Regents for Higher Education are
80	157		authorized to request in writing that the monies appropriated by the
81	158		provisions of this act be deposited or transferred to the account
82	159		created pursuant to subsection A of this section. No later than
83	160		seven (7) calendar days from the date of such request, the Director
84	161		of the Office of Management and Enterprise Services shall comply
85	162		with such request and verify to the requesting agency that such
86	163		deposit or transfer has been completed.
87		-
88	164		SECTION 3. The Oklahoma State Regents for Higher Education may
89	165		enter into memorandums of understanding with other agencies of the
90	166		State of Oklahoma for the auditing, documentation, evaluation,
91		-
92		-	ENR. S. B. NO. 38x Page 3
93	167		implementation, oversight, reporting, and management of funds and
94	168		associated efforts related to the appropriation made in this act;
95	169		provided, no such memorandum of understanding shall require or
96	170		include, as an option or condition, the direct or practical transfer
97	171		or relinquishment of control by the agency appropriated such funds
98	172		to budget, expend, allocate, and request the distribution of the
99	173		funds appropriated by this act.
100		-
101	174		SECTION 4. The Oklahoma State Regents for Hig her Education may
102	175		promulgate rules, utilize existing rules, establish procedures, and
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103	203		utilize existing procedures to implement the provisions of this act,
104	204		provided such rules and procedures do not conflict with or impede
105	205		the provisions of this act.
106		-
107	206		SECTION 5. The Oklahoma State Regents for Higher Education
108	207		shall retain no more than two percent (2%) of the funds appropriated
109	208		by this act to reimburse:
110		-
111	209		1. Costs incurred by the Oklahoma State Regents for Higher
112	210		Education; or
113		-
114	211		2. Costs incurred on the agency’s behalf,
115		-
116	212		associated with the administration of the appropriated funds and
117	213		programming required by the Oklahoma State Regents for Higher
118	214		Education under the provisions of this act; provided, no funds shall
119	215		be retained that would be disallowable under the provisions of the
120	216		American Rescue Plan Act of 2021.
121		-
122	217		SECTION 6. A. The Oklahoma State Regents for Higher Edu cation
123	218		shall:
124		-
125	219		1. Submit to the chairs of the Joint Committee on Pandemic
126	220		Relief Funding, or any successor of the Oklahoma State Senate or
127	221		Oklahoma House of Representatives legislative committee or joint
128	222		committee, as designated by the President Pro Tempore of the
129	223		Oklahoma State Senate and the Speaker of the Oklahoma House of
130	224		Representatives:
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132	252		a. a written or electronic quarterly report detailing the
133	253		budgeting, expenditure, and management of all monies
134	254		appropriated in this act, and
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136		-	ENR. S. B. NO. 38x Page 4
137		-
138	255		b. a copy of all memorandums of understanding and
139	256		contracts with third parties entered into by the
140	257		Oklahoma State Regents for Higher Education to
141	258		facilitate, assist, or administer powers and duties
142	259		provided to the Oklahoma State Regents for Higher
143	260		Education under the provisions of this act; and
144		-
145	261		2. At the Joint Committee on Pandemic Relief Funding’s request,
146	262		appear before the Joint Committee no later than six (6) months after
147	263		the effective date of this act, and as otherwise requested by the
148	264		Joint Committee to provide a status update regarding the
149	265		implementation of the provisions of this act.
150		-
151	266		B. The provisions of subsection A of this section shall remain
152	267		applicable for the period of time that monies appropriated under
153	268		this act are being budgeted, expended, or managed in the state. The
154	269		ending of such period shall be determined by the State Treasurer,
155	270		and shall be reported to the Governor, President Pro Tempore of the
156	271		Oklahoma State Senate, and the Speaker of the Oklahoma House of
157	272		Representatives.
158		-
159	273		SECTION 7. For all projects funded in this measure, if a
160	274		nonprofit 501(c)(3) organization may help implement the project, the
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161	302		Oklahoma State Regents for Higher Education shall require the
162	303		nonprofit show that it:
163		-
164	304		1. Provides direct services to residents of Oklahoma;
165		-
166	305		2. Is in good standing with the Office of the Secretary of
167	306		State;
168		-
169	307		3. Is in compliance with the applicable federal and Oklahoma
170	308		tax laws for years 2019, 2020, and 2021; and
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172	309		4. Continues to provide its good standing with the Office of
173	310		the Secretary of State and is in compliance with applicable federal
174	311		and Oklahoma tax laws fo r all years the nonprofit is helping
175	312		implement the program.
176		-
177	313		SECTION 8. It being immediately necessary for the preservation
178	314		of the public peace, health or safety, an emergency is hereby
179		-
180		-	ENR. S. B. NO. 38x Page 5
181	315		declared to exist, by reason whereof this act shall t ake effect and
182	316		be in full force from and after its passage and approval.
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184		-
185		-	ENR. S. B. NO. 38x Page 6
186		-	Passed the Senate the 24th day of May, 2023.
187		-
188		-
189		-
190		-	Presiding Officer of the Senate
191		-
192		-
193		-	Passed the House of Representatives the 26th day of May, 2023.
194		-
195		-
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197		-	Presiding Officer of the House
198		-	of Representatives
199		-
200		-	OFFICE OF THE GOVERNOR
201		-	Received by the Office of the Governor this _______ _____________
202		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
203		-	By: _______________________________ __
204		-	Approved by the Governor of t he State of Oklahoma this _____ ____
205		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
206		-
207		-	_________________________________
208		-	Governor of the State of Oklahoma
209		-
210		-
211		-	OFFICE OF THE SECRETARY OF STATE
212		-	Received by the Office of the Secretary of State this __________
213		-	day of __________________, 20 _______, at _______ o'clock _______ M.
214		-	By: _______________________________ __
	318	+	COMMITTEE REPORT BY: COMMITTEE ON JOINT COMMITTEE ON APPROPRIATIONS
	319	+	AND BUDGET, dated 05/ 23/2023 – DO PASS, As Amended.