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SENATE FLOOR VERSION
February 22, 2023
SENATE BILL NO. 495 By: McCortney of the Senate
and
Lowe (Dick) of the House
An Act relating to unfunded mandates; defining term;
prohibiting certain mandates; stating standards for
what are considered unfunded mandates; providing for
unenforceability without adequate funding; providing
for codification; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA :
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 13001 of Title 74, unless there
is created a duplication in numbering, reads as follows:
A. As used in this section, “unfunded mandate” means any act,
law, order, decision, policy, or official action implemented by the
Legislature, state agency, department, or commis sion that mandates a
political subdivision, by action or inaction, to expend funds to
implement or eliminate any policy, ordinance, programs, or
activities without being fully appropriated.
B. The Legislature, state agency, department, or commission
shall not implement any mandate to any political subdivision of this
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state, unless a specific appropriation is made to fully fund the
political subdivision for all costs related to the mandate. If no
appropriation is made to the politi cal subdivisions, the mandate
shall be considered an unfunded mandate and unenforceable. Any
financial impact of any size determined to exist by the political
subdivision shall be sufficient to deem an unfunded mandate.
Financial increases related to clerical work, office supplies, and
creating and submitting reports shall be exempted from this act.
SECTION 2. This act shall become effecti ve November 1, 2023.
COMMITTEE REPORT BY: C OMMITTEE ON APPROPRIATIONS
February 22, 2023 - DO PASS