Oklahoma 2023 Regular Session

Oklahoma House Bill HB1349 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	SENATE FLOOR VERSION - HB1349 SFLR Page 1
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	3	+	ENGR. H. B. NO. 1349 Page 1 1
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29		-	SENATE FLOOR VERSION
30		-	April 3, 2023
31		-	AS AMENDED
32		-
33	28		ENGROSSED HOUSE
34	29		BILL NO. 1349 By: Fetgatter of the House
35	30
36	31		and
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38	33		Garvin of the Senate
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	38	+
	39	+
43	40		[ medical marijuana - Oklahoma Medical Marijuana
44	41		Authority Board - Oklahoma Medical Marijuana
45		-	Authority - Oklahoma Open Meeting ~~Act~~ - Oklahoma ~~Open~~
46		-	Records Act - Administrative Procedures Act –
	42	+	Authority - Oklahoma Open Meeting Ac t - Oklahoma
	43	+	Open Records Act - Administrative Procedures Act –
47	44		codification - effective date ]
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53	49		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLA HOMA:
54	50		SECTION 1. NEW LAW A new section of law to be codified
55	51		in the Oklahoma Statut es as Section 427.26 of Title 63, unless there
56	52		is created a duplication in numbering, reads as follows:
57	53		A. There is hereby created the Oklahoma Medical Marijuana
58	54		Authority Board.
59	55		B. The Oklahoma Medical Marijuana Author ity Board shall consist
60	56		of the following members and all appointee s shall serve their terms
61	57		at the pleasure of the appointing authority and may be removed or
62	58		replaced without cause:
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64		-	SENATE FLOOR VERSION - HB1349 SFLR Page 2
65		-	(Bold face denotes Com mittee Amendments) 1
	60	+	ENGR. H. B. NO. 1349 Page 2 1
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90	85		1. One member appointed by the Governor who shall be a chief of
91	86		police of a municipality with a population over one hundred thousand
92	87		(100,000), as determined by the latest Federal Decennial Census;
93	88		2. One member appointed by the Governor who shall be a sheriff
94	89		of a county with a population under twenty -five thousand (25,000),
95	90		as determined by the latest Feder al Decennial Census;
96	91		3. One member who is a district attorney appointed by the
97	92		Governor selected from a list submitted by the District Attorneys
98	93		Council;
99	94		4. One member who is a licensed physician appointed by the
100	95		Governor selected from a list su bmitted by the State Board of
101	96		Medical Licensure and Supervision;
102	97		5. One member who is a licensed medical marijuana commercial
103	98		grower appointed by the Governor selected from a list submitted by
104	99		the Oklahoma Medical Marijuana Authority;
105	100		6. One member who is a licensed medical marijuana processor
106	101		appointed by the Speaker of the Oklahoma House of Representatives
107	102		selected from a list submitted by the Oklahoma Medica l Marijuana
108	103		Authority;
109	104		7. One member who is a licensed medical marijuan a dispensary
110	105		owner appointed by the Speaker of the Oklahoma House of
111	106		Representatives selected from a list submitted by the Oklahoma
112	107		Medical Marijuana Authority ;
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114		-	SENATE FLOOR VERSION - HB1349 SFLR Page 3
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	109	+	ENGR. H. B. NO. 1349 Page 3 1
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140	134		8. One member who is a licensed medical marijuana transporter
141	135		appointed by the President Pro T empore of the Oklahoma State Senate
142	136		selected from a list submitted by the Oklahoma Medical Marijuana
143	137		Authority; and
144	138		9. One member who is a licensed medical marijuana testing
145	139		laboratory owner appointed by the President Pro Tempore of the
146	140		Oklahoma State Senate selected from a list su bmitted by the Oklahoma
147	141		Medical Marijuana Authority.
148	142		C. Each member of the Oklahoma Medical Marijuana A uthority
149	143		Board shall serve a term of four (4) years from the date of
150	144		appointment. Members of the Board shall not serve more than two
151	145		consecutive terms. The Executive Director of the Oklahoma Medical
152	146		Marijuana Authority shall be an ex officio member of th e Board, but
153	147		shall be entitled to vote only in case of a tie vote.
154	148		D. A chair and vice -chair shall be elected annually from the
155	149		membership of the Okl ahoma Medical Marijuana Aut hority Board. A
156	150		majority of the members of the Board shall constitute a quor um for
157	151		the transaction of business and for taking any official action.
158	152		Official action of the Board must have a favorable vote by a
159	153		majority of the memb ers present.
160	154		E. Appointed members who serve on the Board shall be exempt
161	155		from dual-office-holding prohibitions pursuant to Section 6 of Title
162	156		51 of the Oklahoma Statutes.
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164		-	SENATE FLOOR VERSION - HB1349 SFLR Page 4
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	158	+	ENGR. H. B. NO. 1349 Page 4 1
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190	183		F. The Oklahoma Medical Marijuana Authority Board shall be the
191	184		rulemaking body for the Oklahoma Medical Mariju ana Authority and
192	185		shall have the power and duty to:
193	186		1. Establish the policie s of the Oklahoma Medical Marijuana
194	187		Authority; and
195	188		2. Adopt and promulgate rules as necessary and appropriate to
196	189		carry out the duties and responsibilit ies of the Oklahoma Medical
197	190		Marijuana Authority.
198	191		G. Members appointed pursuant to subsection B of thi s section
199	192		shall serve without compensation but shall be reimbursed for
200	193		expenses incurred in the performance of their duties in ac cordance
201	194		with the State Travel Reimbursement Act.
202	195		H. The Oklahoma Medical Marijuana Authority Board shall meet as
203	196		often as necessary to conduct business but shall meet not less than
204	197		four times a year, with an organizational meeting to be held prior
205	198		to January 1, 2024. In addition, special meetings may b e called by
206	199		the Executive Director of the Oklahoma Medical Marijuana Authori ty.
207	200		I. Any vacancy occurring on the Oklahoma Medical Marijuana
208	201		Authority Board shall be filled for the unexpired term of office i n
209	202		the same manner as pr ovided for in subsection B of this section.
210	203		J. The Oklahoma Medical Marijuana Authority shall provid e
211	204		clerical staff to perform designated duties of the Oklahoma Medical
212	205		Marijuana Authority Board. The Oklahoma Medical Marijuana Aut hority
213	206		shall also provide space for meetings of the Board.
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215		-	SENATE FLOOR VERSION - HB1349 SFLR Page 5
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	208	+	ENGR. H. B. NO. 1349 Page 5 1
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241	233		K. The Oklahoma Medical Marijuana Authority Board shall act in
242	234		accordance with the provisions of the Oklahoma Open Meeting Act, the
243	235		Oklahoma Open Records Act and the Administrative Procedures Act.
244	236		SECTION 2. This act shall become effective November 1, 2023.
245		-	COMMITTEE REPORT BY: COMMITTEE ON BUSINESS AND COMMERCE
246		-	April 3, 2023 - DO PASS AS AMENDED
	237	+	Passed the House of Representatives the 13th day of March, 2023.
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	242	+	Presiding Officer of the House
	243	+	of Representatives
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	246	+	Passed the Senate the ___ day of __________, 2023.
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	251	+	Presiding Officer of the Senate
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