Oklahoma 2023 Regular Session

Oklahoma Senate Bill SB758 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	ENGR. H. A. to ENGR. S. B. NO. 758 Page 1 1
	3	+	SB758 HFLR Page 1
	4	+	BOLD FACE denotes Committee Amendments. 1
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28		-	ENGROSSED HOUSE AMENDME NT
29		-	TO
30		-	ENGROSSED SENATE BILL NO . 758 By: Rosino of the Senate
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
	30	+
	31	+	STATE OF OKLAHOMA
	32	+
	33	+	1st Session of the 59th Legislature (2023)
	34	+
	35	+	COMMITTEE SUBSTITUTE
	36	+	FOR ENGROSSED
	37	+	SENATE BILL NO. 758 By: Rosino of the Senate
31	38
32	39		and
33	40
34	41		Hilbert of the House
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39	46
	47	+	COMMITTEE SUBSTITUTE
	48	+
40	49		An Act relating to medical marijuan a; amending 63
41		-	O.S. 2021, Sections 426, as amended by Section 27,
42		-	Chapter 228, O.S.L. 2022 (63 O .S. Supp. 2022, Section
43		-	426) and 427.5, which relate to medical mar ijuana;
44		-	deleting certain apportionments; modifying the
45		-	Oklahoma Medical Marijuana Authority Fund; limiting
46		-	funding source; requiring legislative appropriat ion;
47		-	creating the Medical Marijuan a Tax Fund; providing
48		-	for sources of funds; requiring legislative
49		-	appropriation; amending 68 O.S. 2021, Section 255.2,
50		-	which relates to tax on retail sales; clarifying
51		-	statutory language; amending 68 O.S. 2021, Section
52		-	1353, as last amended by Section 3, C hapter 412,
53		-	O.S.L. 2022 (68 O.S. Supp. 2022, Section 1353), which
54		-	relates to sales tax; deleting certain
55		-	apportionments; amending 70 O.S. 2021, Section 3 -104,
56		-	which relates to the State Board of Education;
57		-	deleting certain apportionment; updating statutory
58		-	references; updating sta tutory language; providing
59		-	for codification; and declaring an emergency .
60		-
61		-
62		-
63		-
64		-	AMENDMENT NO. 1. Strike the title, enacting clause, and entire bill
65		-	and insert:
66		-
67		-
68		-	"An Act relating to medical marijuan a; amending 63
69	50		O.S. 2021, Sections 426, as amended by Section 27,
70	51		Chapter 228, O.S.L. 2022 , and 427.5 (63 O.S. Supp.
71	52		2022, Section 426), which relate to medical
72	53		marijuana; deleting certain apportionments;
73	54		establishing new app ortionment schedule; modifying
74	55		fund characteristics; renaming fund; limiting
	56	+	expenditure to appropriated amounts; creating the
	57	+	DMHSAS Medical Marijuana Programming Revolving Fund ,
	58	+	the OMMA Marijuana Oversight Revolving Fund, and the
	59	+	SDH Drug and Alcohol Re habilitation Revolving Fund;
	60	+	establishing fund characteristics; limiting and
	61	+	providing for budgeting and expenditure of funds;
	62	+	requiring certain approval of expenditures; amending
	63	+	68 O.S. 2021, Section 255.2, which relates to tax on
	64	+	retail sales; clarifyin g statutory references;
	65	+	amending 68 O.S. 2021, Section 1353, as last amended
	66	+	by Section 3, Chapter 412, O.S.L. 2022 ( 68 O.S. Supp.
	67	+	2022, Section 1353), which relates to sales tax;
	68	+	modifying certain apportionments; amending 70 O.S.
	69	+	2021, Section 3-104, which relates to the State Board
	70	+	of Education; modifying certain apportionment;
	71	+	updating statutory references; clarifying language;
	72	+	providing for codification; providing an effective
	73	+	date; and declaring an emergency.
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76		-	ENGR. H. A. to ENGR. S. B. NO. 758 Page 2 1
	75	+
	76	+
	77	+	SB758 HFLR Page 2
	78	+	BOLD FACE denotes Committee Amendments. 1
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101		-	expenditure to appropriated amounts; creating the
102		-	DMHSAS Medical Marijuana Programming Revolving Fund ,
103		-	the OMMA Marijuana Oversight Revolving Fund, and the
104		-	SDH Drug and Alcohol Re habilitation and Prevention
105		-	Revolving Fund; establishing fund characteristics;
106		-	limiting and providing for budgeting and expenditure
107		-	of funds; requiring certain approval of expenditures;
108		-	amending 68 O.S. 2021, Section 255.2, which relates
109		-	to tax on retail sales; clarifyin g statutory
110		-	references; amending 68 O.S. 2021, Section 1353, as
111		-	last amended by Section 3, Chapter 412, O.S.L. 2022
112		-	(68 O.S. Supp. 2022, Section 1353), which relates to
113		-	sales tax; modifying certain apportionments; amending
114		-	70 O.S. 2021, Section 3 -104, which relates to the
115		-	State Board of Education; modifying certain
116		-	apportionment; updating statutory references;
117		-	clarifying language; providing for codification;
118		-	providing an effective date ; and declaring an
119		-	emergency.
120		-
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122		-
123	103		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
124	104		SECTION 1. AMENDATORY 63 O.S. 2021, Section 426, as
125	105		amended by Section 27, Chapter 228, O.S.L. 2022 (63 O.S. Supp. 2022,
126	106		Section 426), is amended to read as fol lows:
127	107		Section 426. A. The tax on retail medical marijuana sales
128	108		shall be established at seven percent (7%) of the gross amount
129	109		received by the seller.
130	110		B. This tax shall be collected at the point of sale. Except as
131	111		and shall be apportioned as provided for in subsection D, tax
132	112		proceeds will be applied primarily to finance the regulatory office
133	113		of this section.
134	114		C. Except as provided for in subsection D, if proceeds from the
135	115		levy authorized by subsection A of this section exceed t he budgeted
	116	+	amount for running the regulatory office, any surplus shall be
	117	+	apportioned with seventy-five percent (75%) going to the General
	118	+	Revenue Fund and may only be expended for common education including
	119	+	funding redbud school grants pursuant to Sectio n 3-104 of Title 70
	120	+	of the Oklahoma Statutes. Twenty-five percent (25%) shall be
	121	+	apportioned to the State Department of Health and earmarked for drug
	122	+	and alcohol rehabilitation and prevention.
	123	+	D. Pursuant to Section 14 of this act Section 255.2 of Title 68
	124	+	of the Oklahoma Statutes, the Oklahoma Tax Commission shall have
	125	+	authority to assess, collect and enforce the tax specified in
136	126
137		-	ENGR. H. A. to ENGR. S. B. NO. 758 Page 3 1
	127	+	SB758 HFLR Page 3
	128	+	BOLD FACE denotes Committee Amendments. 1
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162		-	amount for running the regulatory office, any surplus shall be
163		-	apportioned with seventy-five percent (75%) going to the General
164		-	Revenue Fund and may only be expended for common education including
165		-	funding redbud school grants pursuant to Sectio n 3-104 of Title 70
166		-	of the Oklahoma Statutes. Twenty-five percent (25%) shall be
167		-	apportioned to the State Department of Health and earmarked for drug
168		-	and alcohol rehabilitation and prevention.
169		-	D. Pursuant to Section 14 of this act Section 255.2 of Title 68
170		-	of the Oklahoma Statutes, the Oklahoma Tax Commission shall have
171		-	authority to assess, collect and enforce the tax specified in
172	153		subsection A of this section including any interest and penalty
173	154		thereon.
174	155		E. D. For state fiscal year 2022 2024 and thereafter, proceeds
175	156		from the levy authorized by sub section A of this sectio n shall be
176	157		apportioned as follows:
177	158		1. The first Sixty-five Million Dollars ($65,000,000.00) shall
178	159		be apportioned as follows:
179	160		a. fifty-nine and twenty-three hundredths percent
180	161		(59.23%)
181	162		Forty and five-tenths percent (40.5%) to the State Public Comm on
182	163		School Building Equa lization Fund,;
183	164		b. thirty-four and sixty-two hundredths percent (34.62%)
184	165		2. Thirty percent (30%) to the OMMA Marijuana Oversight
185	166		Revolving Fund created in Section 4 of this act;
	167	+	3. Thirteen and thirty-five hundredths percent (1 3.35%) to the
	168	+	Oklahoma Medical Marijuana Authority, a division within the Oklahoma
	169	+	State Department of Health, and
	170	+	c. six and fifteen hundredths percent (6.15%) DMHSAS
	171	+	Medical Marijuana Program ming Revolving Fund created
	172	+	in Section 3 of this act;
	173	+	4. Ten percent (10.0%) to the Oklahoma State Department of
	174	+	Health and earmarked for drug and alcohol rehabilitation; and
	175	+	2. Any surplus collections shall be apportioned to the General
	176	+	Revenue Fund of the State Treasury County Sheriff Public Safety
186	177
187		-	ENGR. H. A. to ENGR. S. B. NO. 758 Page 4 1
	178	+	SB758 HFLR Page 4
	179	+	BOLD FACE denotes Committee Amendments. 1
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212		-	3. Thirteen and thirty-five hundredths percent (1 3.35%) to the
213		-	Oklahoma Medical Marijuana Authority, a division within the Oklahoma
214		-	State Department of Health, and
215		-	c. six and fifteen hundredths percent (6.15%) DMHSAS
216		-	Medical Marijuana Program ming Revolving Fund created
217		-	in Section 3 of this act;
218		-	4. Ten percent (10.0%) to the Oklahoma State Department of
219		-	Health and earmarked for drug and alcohol rehabilitation; and
220		-	2. Any surplus collections shall be apportioned to the General
221		-	Revenue Fund of the State Treasury County Sheriff Public Safety
222		-	Grant Revolving Fund created in S ection 427.3a of this title; and
	204	+	Grant Revolving Fund created in S ection 427.3a of Title 63 of the
	205	+	Oklahoma Statutes; and
223	206		5. Six and fifteen hundredths percent ( 6.15%) to the SDH Drug
224		-	and Alcohol Rehabilitation ~~and Prevention Revolving~~ Fund created in
225		-	~~Section 5 of~~ this act.
	207	+	and Alcohol Rehabilitation R evolving Fund created in Section 5 of
	208	+	this act.
226	209		SECTION 2. AMENDATORY 63 O.S. 2021, Section 427.5, is
227	210		amended to read as follows:
228	211		Section 427.5 There is hereby created in the State Treasury a
229	212		revolving fund for the State Department of Health to be designated
230	213		the “Oklahoma Medical Marijuana Authority Revolving Fund”. The fund
231	214		shall be a continuing fund, not subject to fiscal year limitations,
232	215		and shall consist of all monies rece ived by the Department Oklahoma
233	216		Medical Marijuana Authority from fees and fines collected pursuant
234	217		to this act and all monies received by the Oklahoma Tax Commission
235	218		from tax proceeds collected pursuant to Section 426 of Title 63 of
	219	+	the Oklahoma Statutes. All monies accruing to the credit of the
	220	+	fund are hereby appropriated and may be budgeted and expended by the
	221	+	Department for the purposes set forth in Section 426 of Title 63 o f
	222	+	the Oklahoma Statutes. Expenditures from the fund shall be made
	223	+	upon warrants issued by the State Treas urer against claims file d as
	224	+	prescribed by law with the Director of the Office of Management and
	225	+	Enterprise Services for approval and payment the Oklahoma Medical
	226	+	Marijuana and Patient Protection Act. All monies accruing to the
	227	+	credit of the fund shall be appropriated at the dis cretion of the
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237		-	ENGR. H. A. to ENGR. S. B. NO. 758 Page 5 1
	229	+	SB758 HFLR Page 5
	230	+	BOLD FACE denotes Committee Amendments. 1
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262		-	the Oklahoma Statutes. All monies accruing to the credit of the
263		-	fund are hereby appropriated and may be budgeted and expended by the
264		-	Department for the purposes set forth in Section 426 of Title 63 o f
265		-	the Oklahoma Statutes. Expenditures from the fund shall be made
266		-	upon warrants issued by the State Treas urer against claims file d as
267		-	prescribed by law with the Director of the Office of Management and
268		-	Enterprise Services for approval and payment the Oklahoma Medical
269		-	Marijuana and Patient Protection Act. All monies accruing to the
270		-	credit of the fund shall be appropriated at the dis cretion of the
271	255		Legislature for the purpose of funding the medical marijuana
272	256		regulatory office and operations.
273	257		SECTION 3. NEW LAW A new section of law to be codified
274	258		in the Oklahoma Statutes as Section 527.5a of Title 63, unless there
275	259		is created a duplication in numbering, rea ds as follows:
276	260		There is hereby created in the State Treasury a revolving fund
277	261		for the Department of Mental Health a nd Substance Abuse Services to
278	262		be designated the "DMHSAS Medical Marijuana Programming Revolving
279	263		Fund". The fund shall be a continuing fund, not subject to fiscal
280	264		year limitations, and shall consist of all monies designated for
281	265		deposit to the fund in accordance with law. All monies accruing to
282	266		the credit of said fu nd are hereby appropriated and may be budgeted
283	267		and expended by the Department of Mental Health and Substance A buse
284	268		Services to perform the duties imposed upon th e Department by law.
285	269		Expenditures from said fund shall be made upon warrants issued by
	270	+	the State Treasurer against claims filed as prescribed by law with
	271	+	the Director of the Office of Management and Enterprise Serv ices for
	272	+	approval and payment .
	273	+	SECTION 4. NEW LAW A new section of law to be codified
	274	+	in the Oklahoma Statutes as Section 527.5b of Title 63, unless there
	275	+	is created a duplication in numbering, reads as follows:
	276	+	There is hereby created in the State Treasury a revolving fun d
	277	+	for the Oklahoma Medical Mariju ana Authority to be designated the
	278	+	"OMMA Marijuana Oversight Revolving Fund". The fund shall be a
286	279
287		-	ENGR. H. A. to ENGR. S. B. NO. 758 Page 6 1
	280	+	SB758 HFLR Page 6
	281	+	BOLD FACE denotes Committee Amendments. 1
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312		-	the State Treasurer against claims filed as prescribed by law with
313		-	the Director of the Office of Management and Enterprise Serv ices for
314		-	approval and payment .
315		-	SECTION 4. NEW LAW A new section of law to be codified
316		-	in the Oklahoma Statutes as Section 527.5b of Title 63, unless there
317		-	is created a duplication in numbering, reads as follows:
318		-	There is hereby created in the State Treasury a revolving fun d
319		-	for the Oklahoma Medical Mariju ana Authority to be designated the
320		-	"OMMA Marijuana Oversight Revolving Fund". The fund shall be a
321	306		continuing fund, not subject to fiscal year limitations, and shall
322	307		consist of all monies designated for deposit to the fund in
323	308		accordance with law. All moni es accruing to the credit of said fund
324	309		are hereby appropriated and may be budgeted and expended by the
325	310		Oklahoma Medical Marijuana Authority to perform the duties imposed
326	311		upon the Authority by law. Expenditures from said fu nd shall be
327	312		made upon warrants is sued by the State Treasurer against claims
328	313		filed as prescribed by law with the Director of the Office of
329	314		Management and Enterprise Services for approval and payment.
330	315		SECTION 5. NEW LAW A new section of law to be codified
331	316		in the Oklahoma Statutes as Section 527.5c of Title 63, unless there
332	317		is created a duplication in numbering, reads as follows:
333	318		There is hereby created in the State Treasury a revolving fund
334	319		for the State Department of Health to be desi gnated the "SDH Drug
335		-	and Alcohol Rehabilitation and Prevention Revolving Fund". The fund
	320	+	and Alcohol Rehabilitation Revolving Fund". The fund shall be a
	321	+	continuing fund, not subject to fiscal year limitations, and shall
	322	+	consist of all monies designated for deposit to the fund in
	323	+	accordance with law. All monies accruing t o the credit of said fund
	324	+	are hereby appropriated and may be budgeted and expended by the
	325	+	State Department of health for the purpose of providing or
	326	+	facilitating drug and alcohol rehabilitation. Expenditures from
	327	+	said fund shall be made upon warrants issu ed by the State Treasurer
	328	+	against claims filed as prescribed by law with the Director of the
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337		-	ENGR. H. A. to ENGR. S. B. NO. 758 Page 7 1
	330	+	SB758 HFLR Page 7
	331	+	BOLD FACE denotes Committee Amendments. 1
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362		-	shall be a continuing fund, not subject to fiscal year limitations,
363		-	and shall consist of all monies designated for deposit to the fund
364		-	in accordance with law. All monies accruing t o the credit of said
365		-	fund are hereby appropriated and may be budgeted and expended by the
366		-	State Department of Health for the purpose of providing or
367		-	facilitating drug and alcohol rehabilitation and prevention.
368		-	Expenditures from said fund shall be made upon warrants issu ed by
369		-	the State Treasurer against claims filed as prescribed by law with
370		-	the Director of the Office of Management and Enterprise Services for
371		-	approval and payment.
	356	+	Office of Management and Enterprise Services for approval and
	357	+	payment.
372	358		SECTION 6. AMENDATORY 68 O.S. 2021, Section 255.2, is
373	359		amended to read as follows:
374	360		Section 255.2 As provided in Section 426 of Title 63 of the
375	361		Oklahoma Statutes, the State Department of Health Oklahoma Medical
376	362		Marijuana Authority and the Oklahoma Tax Commission shall enter into
377	363		a contract whereby t he Tax Commission shall have authority to
378	364		assess, collect and enforce the seven percent (7%) tax on retail
379	365		medical marijuana sales and any penalties and interest thereon.
380	366		Such assessment, collection and enforcement authority shall apply to
381	367		any tax and any penalty or interest liability on retail medical
382	368		marijuana sales existing at the time of contracting. The contract
383	369		shall provide for the assessment, collection and enforcement of the
384	370		tax on retail medical marijuana sales in the same manner as the
385	371		administration, collection and enforcement of any tax payable by any
	372	+	taxpayer subject to taxation under any state tax law. For providing
	373	+	such collection assistance, the Tax Commission shall charge the
	374	+	State Department of Health Oklahoma Medical Mari juana Authority a
	375	+	fee of one and five-tenths percent (1.5%) of the gross collection
	376	+	proceeds. All funds retained by the Tax Commission for the
	377	+	collection services shall be deposited in the Tax Commission
	378	+	Reimbursement Fund in the State Treasury.
386	379
387		-	ENGR. H. A. to ENGR. S. B. NO. 758 Page 8 1
	380	+	SB758 HFLR Page 8
	381	+	BOLD FACE denotes Committee Amendments. 1
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412		-	taxpayer subject to taxation under any state tax law. For providing
413		-	such collection assistance, the Tax Commission shall charge the
414		-	State Department of Health Oklahoma Medical Mari juana Authority a
415		-	fee of one and five-tenths percent (1.5%) of the gross collection
416		-	proceeds. All funds retained by the Tax Commission for the
417		-	collection services shall be deposited in the Tax Commission
418		-	Reimbursement Fund in the State Treasury.
419	406		SECTION 7. AMENDATORY 68 O.S. 2021, Section 1353, as
420	407		last amended by Section 3, Chapter 412, O.S.L. 2022 (68 O.S. Supp.
421	408		2022, Section 1353), is amended to read as follows:
422	409		Section 1353. A. It is hereby declared to be the purpose of
423	410		the Oklahoma Sales Tax Code to provide funds for the financing of
424	411		the program provided for by the Oklahoma Social Security Act and to
425	412		provide revenues for the support of the functions of the state
426	413		government of Oklahoma, and for this purpose it is hereby expressly
427	414		provided that, revenues derived pursuant to the provisions of the
428	415		Oklahoma Sales Tax Code, subject to the apportionment requirements
429	416		for the Oklahoma Tax Commission and Office of Management and
430	417		Enterprise Services Joint Computer Enhancement Fund provided by
431	418		Section 265 of this title, shall be apportioned as follows:
432		-	1. Except as provided in subsections C and D of this section,
433		-	the following amounts shall be paid to the State Treasurer to be
434		-	placed to the credit of the General Revenue Fund to be paid out
435		-	pursuant to direct appropriation by the Legislature:
	419	+	1. Except as provided in subsections subsection C and D of this
	420	+	section, the following amounts shall be paid to the State Treasurer
	421	+	to be placed to the credit of the General Revenue Fund to be paid
	422	+	out pursuant to direct appropriation by the Legislature:
	423	+	Fiscal Year Amount
	424	+	FY 2003 and FY 2004 86.04%
	425	+	FY 2005 85.83%
	426	+	FY 2006 85.54%
	427	+	FY 2007 85.04%
	428	+	FY 2008 through FY 2022 83.61%
	429	+	FY 2023 through FY 2027 83.36%
436	430
437		-	ENGR. H. A. to ENGR. S. B. NO. 758 Page 9 1
	431	+	SB758 HFLR Page 9
	432	+	BOLD FACE denotes Committee Amendments. 1
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439	434		3
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441	436		5
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457	452		21
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460	455		24
461	456
462		-	Fiscal Year Amount
463		-	FY 2003 and FY 2004 86.04%
464		-	FY 2005 85.83%
465		-	FY 2006 85.54%
466		-	FY 2007 85.04%
467		-	FY 2008 through FY 2022 83.61%
468		-	FY 2023 through FY 2027 83.36%
469	457		FY 2028 and each fiscal year thereafter 83.61%;
470	458		2. The following amounts shall be paid to the State Treasurer
471	459		to be placed to the credit of the Education Reform Revolving Fund of
472	460		the State Department of Education:
473	461		a. for FY 2003, FY 2004 and FY 2005, ten and forty-two
474	462		one-hundredths percent (10.42%),
475	463		b. for FY 2006 through FY 2020, ten and forty-six one-
476	464		hundredths percent (10.46%),
477	465		c. for FY 2021:
478	466		(1) for the month beginning July 1, 2020, through the
479	467		month ending August 31, 2020, ten and forty-six
480	468		one-hundredths percent (10.46%), and
481	469		(2) for the month beginning September 1, 2020,
482	470		through the month ending June 30, 2021, eleven
483	471		and ninety-six one-hundredths percent (11.96%),
484	472		d. for FY 2022 and each fiscal year thereafter, ten and
485	473		forty-six one-hundredths percent (10.46%);
	474	+	3. The following amounts shall be paid to the State Treasurer
	475	+	to be placed to the credit of the Teachers’ Retirement System
	476	+	Dedicated Revenue Revolving Fund:
	477	+	Fiscal Year Amount
	478	+	FY 2003 and FY 2004 3.54%
	479	+	FY 2005 3.75%
	480	+	FY 2006 4.0%
486	481
487		-	ENGR. H. A. to ENGR. S. B. NO. 758 Page 10 1
	482	+	SB758 HFLR Page 10
	483	+	BOLD FACE denotes Committee Amendments. 1
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511	507
512		-	3. The following amounts shall be paid to the State Treasurer
513		-	to be placed to the credit of the Teachers’ Retirement System
514		-	Dedicated Revenue Revolving Fund:
515		-	Fiscal Year Amount
516		-	FY 2003 and FY 2004 3.54%
517		-	FY 2005 3.75%
518		-	FY 2006 4.0%
519	508		FY 2007 4.5%
520	509		FY 2008 through FY 2020 5.0%
521	510		FY 2021:
522	511		a. for the month beginning July
523	512		1, 2020, through the month
524	513		ending August 31, 2020 5.0%
525	514		b. for the month beginning
526	515		September 1, 2020, through
527	516		the month ending June 30,
528	517		2021 3.5%
529	518		FY 2022 5.0%
530	519		FY 2023 through FY 2027 5.25%
531	520		FY 2028 and each fiscal year thereafter 5.0%;
532	521		4. a. except as otherwise provided in subparagraph b of this
533	522		paragraph, for the fiscal year beginning July 1, 2022,
534	523		and for each fiscal year thereafter, eighty-seven one-
	524	+	hundredths percent (0.87%) shall be paid to the State
	525	+	Treasurer to be further apportioned as follows:
	526	+	(1) twenty-four percent (24%) shall be placed to the
	527	+	credit of the Oklahoma Tourism Promotion
	528	+	Revolving Fund, but in no event shall such
	529	+	apportionment exceed Five Million Dollars
	530	+	($5,000,000.00) in any fiscal year,
535	531
536		-	ENGR. H. A. to ENGR. S. B. NO. 758 Page 11 1
	532	+	SB758 HFLR Page 11
	533	+	BOLD FACE denotes Committee Amendments. 1
537	534		2
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558	555		23
559	556		24
560	557
561		-	hundredths percent (0.87%) shall be paid to the State
562		-	Treasurer to be further apportioned as follows:
563		-	(1) twenty-four percent (24%) shall be placed to the
564		-	credit of the Oklahoma Tourism Promotion
565		-	Revolving Fund, but in no event shall such
566		-	apportionment exceed Five Million Dollars
567		-	($5,000,000.00) in any fiscal year,
568	558		(2) forty-four percent (44%) shall be placed to the
569	559		credit of the Oklahoma Tourism Capital
570	560		Improvement Revolving Fund, but in no event shall
571	561		such apportionment exceed Nine Million Dollars
572	562		($9,000,000.00) in any fiscal year, and
573	563		(3) thirty-two percent (32%) shall be placed to th e
574	564		credit of the Oklahoma Route 66 Commission
575	565		Revolving Fund, but in no event shall such
576	566		apportionment exceed Six Million Six Hundred
577	567		Thousand Dollars ($6,600,000.00) in any fiscal
578	568		year, and
579	569		b. any amounts which exceed the limitations of
580	570		subparagraph a of this paragraph shall be placed to
581	571		the credit of the General Revenue Fund; and
582	572		5. For the fiscal year beginning July 1, 2015, and for each
583	573		fiscal year thereafter, six one-hundredths percent (0.06%) shall be
584	574		placed to the credit of the Oklahoma Historical Society Capital
	575	+	Improvement and Operations Revolving Fund, but in no event shall
	576	+	such apportionment exceed the total amount apportioned pursuant to
	577	+	this paragraph for the fiscal year ending on June 30, 2015. Any
	578	+	amounts which exceed the limitations of this paragraph shall be
	579	+	placed to the credit of the General Revenue Fund.
	580	+	B. Provided, for the fiscal year beginning July 1, 2007, and
	581	+	every fiscal year thereafter, an amount of revenue shall be
585	582
586		-	ENGR. H. A. to ENGR. S. B. NO. 758 Page 12 1
	583	+	SB758 HFLR Page 12
	584	+	BOLD FACE denotes Committee Amendments. 1
587	585		2
588	586		3
589	587		4
590	588		5
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609	607		24
610	608
611		-	Improvement and Operations Revolving Fund, but in no event shall
612		-	such apportionment exceed the total amount apportioned pursuant to
613		-	this paragraph for the fiscal year ending on June 30, 2015. Any
614		-	amounts which exceed the limitations of this paragraph shall be
615		-	placed to the credit of the General Revenue Fund.
616		-	B. Provided, for the fiscal year beginning July 1, 2007, and
617		-	every fiscal year thereafter, an amount of revenue shall be
618	609		apportioned to each municipality or county which levies a sales tax
619	610		subject to the provisions of Section 1357.10 of this title and
620	611		subsection F of Section 2701 of this title equal to the amount of
621	612		sales tax revenue of such municipality or county exempted by the
622	613		provisions of Section 1357.10 of this title and subsection F of
623	614		Section 2701 of this title. The Oklahoma Tax Commission shall
624	615		promulgate and adopt rules necessary to implement the provisions of
625	616		this subsection.
626	617		C. From the monies that would otherwise be apportioned to the
627	618		General Revenue Fund pursuant to subsection A of this section, there
628	619		shall be apportioned the following amounts:
629	620		1. For the month ending August 31, 2019:
630	621		a. Nine Million Six Hundred Thousand Dollars
631	622		($9,600,000.00) to the credit of the State Highway
632	623		Construction and Maintenance Fund created in Section
633	624		1501 of Title 69 of the Oklahoma Statutes, and
	625	+	b. Two Million Dollars ($2,000,000.00) to the credit of
	626	+	the Oklahoma Railroad Maintenance Revolving Fund
	627	+	created in Section 309 of Title 66 of the Oklahoma
	628	+	Statutes;
	629	+	2. For the month ending September 30, 2019:
	630	+	a. Twenty Million Dollars ($20,000,000.00) to the credit
	631	+	of the State Highway Construction and Maintenance Fund
634	632
635		-	ENGR. H. A. to ENGR. S. B. NO. 758 Page 13 1
	633	+	SB758 HFLR Page 13
	634	+	BOLD FACE denotes Committee Amendments. 1
636	635		2
637	636		3
638	637		4
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641	640		7
642	641		8
643	642		9
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655	654		21
656	655		22
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658	657		24
659	658
660		-	b. Two Million Dollars ($2,000,000.00) to the credit of
661		-	the Oklahoma Railroad Maintenance Revolving Fund
662		-	created in Section 309 of Title 66 of the Oklahoma
663		-	Statutes;
664		-	2. For the month ending September 30, 2019:
665		-	a. Twenty Million Dollars ($20,000,000.00) to the credit
666		-	of the State Highway Construction and Maintenance Fund
667	659		created in Section 1501 of Title 69 of the Oklahoma
668	660		Statutes, and
669	661		b. Two Million Dollars ($2,000,000.00) to the credit of
670	662		the Oklahoma Railroad Maintenance Revolving Fund
671	663		created in Section 309 of Title 66 of the Oklahoma
672	664		Statutes;
673	665		3. For the month ending October 31, 2019:
674	666		a. Twenty Million Dollars ($20,000,000.00) to the credit
675	667		of the State Highway Construction and Maintenance Fund
676	668		created in Section 1501 of Title 69 of the Oklahoma
677	669		Statutes, and
678	670		b. Two Million Dollars ($2,000,000.00) to the credit of
679	671		the Oklahoma Railroad Maintenance Revolving Fund
680	672		created in Section 309 of Title 66 of the Oklahoma
681	673		Statutes;
682	674		4. For the month ending November 30, 2019:
	675	+	a. Twenty Million Dollars ($20,000,000.00) to the credit
	676	+	of the State Highway Construction and Maintenance Fund
	677	+	created in Section 1501 of Title 69 of the Oklahoma
	678	+	Statutes, and
	679	+	b. Two Million Dollars ($2,000,000.00) to the credit of
	680	+	the Oklahoma Railroad Maintenance Revolving Fund
	681	+	created in Section 309 of Title 66 of the Oklahoma
	682	+	Statutes; and
683	683
684		-	ENGR. H. A. to ENGR. S. B. NO. 758 Page 14 1
	684	+	SB758 HFLR Page 14
	685	+	BOLD FACE denotes Committee Amendments. 1
685	686		2
686	687		3
687	688		4
688	689		5
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691	692		8
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705	706		22
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707	708		24
708	709
709		-	a. Twenty Million Dollars ($20,000,000.00) to the credit
710		-	of the State Highway Construction and Maintenance Fund
711		-	created in Section 1501 of Title 69 of the Oklahoma
712		-	Statutes, and
713		-	b. Two Million Dollars ($2,000,000.00) to the credit of
714		-	the Oklahoma Railroad Maintenance Revolving Fund
715		-	created in Section 309 of Title 66 of the Oklahoma
716		-	Statutes; and
717	710		5. For the month ending December 31, 2019:
718	711		a. Twenty Million Dollars ($20,000,000.00) to the credit
719	712		of the State Highway Construction and Maintenance Fund
720	713		created in Section 1501 of Title 69 of the Oklahoma
721	714		Statutes, and
722	715		b. Two Million Dollars ($2,000,000.00) to the credit of
723	716		the Oklahoma Railroad Maintenance Revolving Fund
724	717		created in Section 309 of Title 66 of the Oklahoma
725	718		Statutes.
726	719		D. For fiscal year 2023 2024, and each subsequent fiscal year,
727	720		during the month of May before any other apportionment otherwise
728	721		required by this section is made to the General Revenue Fund, there
729	722		shall be apportioned to the State Public Common School Building
730	723		Equalization Fund an amount, if any, as required pursuant to Section
731	724		3-104 of Title 70 of the Oklahoma Statutes, not to exceed the
732	725		estimated state sales tax generated by medical marijuana sales in
	726	+	the preceding fiscal year as reported by the Oklahoma Tax
	727	+	Commission.
	728	+	SECTION 8. AMENDATORY 70 O.S. 2021, Section 3-104, is
	729	+	amended to read as follows:
	730	+	Section 3-104. A. The supervision of the public school system
	731	+	of Oklahoma shall be v ested in the State Board of Education and,
	732	+	subject to limitations otherwise provided by law, the State Board of
	733	+	Education shall:
733	734
734		-	ENGR. H. A. to ENGR. S. B. NO. 758 Page 15 1
	735	+	SB758 HFLR Page 15
	736	+	BOLD FACE denotes Committee Amendments. 1
735	737		2
736	738		3
737	739		4
738	740		5
739	741		6
740	742		7
741	743		8
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754	756		21
755	757		22
756	758		23
757	759		24
758	760
759		-	the preceding fiscal year as reported by the Oklahoma Tax
760		-	Commission.
761		-	SECTION 8. AMENDATORY 70 O.S. 2021, Section 3-104, is
762		-	amended to read as follows:
763		-	Section 3-104. A. The supervision of the public school system
764		-	of Oklahoma shall be v ested in the State Board of Education and,
765		-	subject to limitations otherwise provided by law, the State Board of
766		-	Education shall:
767	761		1. Adopt policies and make rules for the operation of the
768	762		public school system of the state;
769	763		2. Appoint, prescribe the duties , and fix the compensation of a
770	764		secretary, an attorney, and all other personnel necessa ry for the
771	765		proper performance of the functions of the State Board of Education.
772	766		The secretary shall no t be a member of the Board;
773	767		3. Submit to the Governor a departmen tal budget based upon
774	768		major functions of the Department as prepared by the State
775	769		Superintendent of Public Instruction and supported by detailed data
776	770		on needs and proposed operations as parti ally determined by the
777	771		budgetary needs of local school districts f iled with the State Board
778	772		of Education for the ensuing fiscal year. Appropriations the refor
779	773		shall be made in lump-sum form for each major item in the budget as
780	774		follows:
781	775		a. State Aid to schools,
	776	+	b. the supervision of all other functions of general and
	777	+	special education including general control, free
	778	+	textbooks, school lunch, Indian education , and all
	779	+	other functions of the Board and an amount sufficient
	780	+	to adequately staff and administer thes e services, and
	781	+	c. the Board shall determine the details by which the
	782	+	budget and the appropriations are adminis tered.
	783	+	Annually, the Board shall make pre parations to
	784	+	consolidate all of the functions of the Department in
782	785
783		-	ENGR. H. A. to ENGR. S. B. NO. 758 Page 16 1
	786	+	SB758 HFLR Page 16
	787	+	BOLD FACE denotes Committee Amendments. 1
784	788		2
785	789		3
786	790		4
787	791		5
788	792		6
789	793		7
790	794		8
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807	811
808		-	b. the supervision of all other functions of general and
809		-	special education including general control, free
810		-	textbooks, school lunch, Indian education , and all
811		-	other functions of the Board and an amount sufficient
812		-	to adequately staff and administer thes e services, and
813		-	c. the Board shall determine the details by which the
814		-	budget and the appropriations are adminis tered.
815		-	Annually, the Board shall make pre parations to
816		-	consolidate all of the functions of the Department in
817	812		such a way that the budget can be ba sed on two items,
818	813		administration and aid to schools. A maximum am ount
819	814		for administration shall be designated a s a part of
820	815		the total appropriation;
821	816		4. On the first day of December preceding each regular session
822	817		of the Legislature, prepare and deliver to t he Governor and the
823	818		Legislature a report for the year ending June 30 immediately
824	819		preceding the regular session of the Legislature. The report shall
825	820		contain:
826	821		a. detailed statistics and other information concerning
827	822		enrollment, attendance, expenditures inclu ding State
828	823		Aid, and other pertinent data for all public schools
829	824		in this state,
830	825		b. reports from each and every d ivision within the State
831	826		Department of Education as submitted by the State
	827	+	Superintendent of Public Instruction and any other
	828	+	division, department, institution, or other agency
	829	+	under the supervision of the Board ,
	830	+	c. recommendations for the improvement of t he public
	831	+	school system of the state,
	832	+	d. a statement of the receipts and expenditures of the
	833	+	State Board of Education for the past year, and
	834	+	e. a statement of plans and recommendations for the
	835	+	management and improvement of public schools and such
832	836
833		-	ENGR. H. A. to ENGR. S. B. NO. 758 Page 17 1
	837	+	SB758 HFLR Page 17
	838	+	BOLD FACE denotes Committee Amendments. 1
834	839		2
835	840		3
836	841		4
837	842		5
838	843		6
839	844		7
840	845		8
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856	861		24
857	862
858		-	Superintendent of Public Instruction and any other
859		-	division, department, institution, or other agency
860		-	under the supervision of the Board ,
861		-	c. recommendations for the improvement of t he public
862		-	school system of the state,
863		-	d. a statement of the receipts and expenditures of the
864		-	State Board of Education for the past year, and
865		-	e. a statement of plans and recommendations for the
866		-	management and improvement of public schools and such
867	863		other information relating to the educational
868	864		interests of the state as may be deemed necessary and
869	865		desirable;
870	866		5. Provide for the formulation and adoptio n of curricula,
871	867		courses of study, and other instructional aids nec essary for the
872	868		adequate instruction of pupils in the public schools;
873	869		6. Have authority in matters pertaining to the licensure and
874	870		certification of persons for instructional, supervisory, and
875	871		administrative positions and services in the public schools of t he
876	872		state subject to the provisions of Section 6-184 of this title, and
877	873		shall formulate rules governing the issuance and revocation of
878	874		certificates for superintendents of schools, principals,
879	875		supervisors, librarians, clerical employees, school nurses, schoo l
880	876		bus drivers, visiting teachers, classroom t eachers, and for other
881	877		personnel performing instructional, administrative, and supervisory
	878	+	services, but not including members of boards of educa tion and other
	879	+	employees who do not work directly with pupils, and may charge and
	880	+	collect reasonable fees for t he issuance of such certificates:
	881	+	a. the State Department of Education shall not issue a
	882	+	certificate to and shall revoke the certificate of any
	883	+	person who has been convicted, whether upon a verdict
	884	+	or plea of guilty or upon a plea of nolo contendere,
	885	+	or received a suspended sentence or any probati onary
	886	+	term for a crime or an attempt to commit a crime
882	887
883		-	ENGR. H. A. to ENGR. S. B. NO. 758 Page 18 1
	888	+	SB758 HFLR Page 18
	889	+	BOLD FACE denotes Committee Amendments. 1
884	890		2
885	891		3
886	892		4
887	893		5
888	894		6
889	895		7
890	896		8
891	897		9
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907	913
908		-	services, but not including members of boards of educa tion and other
909		-	employees who do not work directly with pupils, and may charge and
910		-	collect reasonable fees for t he issuance of such certificates:
911		-	a. the State Department of Education shall not issue a
912		-	certificate to and shall revoke the certificate of any
913		-	person who has been convicted, whether upon a verdict
914		-	or plea of guilty or upon a plea of nolo contendere,
915		-	or received a suspended sentence or any probati onary
916		-	term for a crime or an attempt to commit a crime
917	914		provided for in Section 843.5 of Title 21 of the
918	915		Oklahoma Statutes if the offense involved sexual abuse
919	916		or sexual exploitation as those terms are defined in
920	917		Section 1-1-105 of Title 10A of the Oklahoma Statutes,
921	918		Section 741, 843.1, if the offense included sexual
922	919		abuse or sexual exploitation, 865 et seq. , 885, 888,
923	920		891, 1021, 1021.2, 1021.3, 1040.13a, 1087, 1088,
924	921		1111.1, 1114 or 1123 of Title 21 of the Oklahoma
925	922		Statutes or who enters this state and who h as been
926	923		convicted, received a suspended sentence, or received
927	924		a deferred judgment for a crime or attemp ted crime
928	925		which, if committed or attempted in this state, would
929	926		be a crime or an attempt to commit a crime prov ided
930	927		for in any of said the laws,
	928	+	b. all funds collected by the State Department of
	929	+	Education for the issuance of certificates to
	930	+	instructional, supervisory, and administrative
	931	+	personnel in the public schools of the state shall be
	932	+	deposited in the “Teachers’ Certificate Fund” in the
	933	+	State Treasury and may be expended by the State Board
	934	+	of Education to finance the activities of the State
	935	+	Department of Education necessary to administer the
	936	+	program, for consultative services, publication costs,
	937	+	actual and necessary travel expenses as provided in
931	938
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	940	+	BOLD FACE denotes Committee Amendments. 1
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957		-	b. all funds collected by the State Department of
958		-	Education for the issuance of certificates to
959		-	instructional, supervisory, and administrative
960		-	personnel in the public schools of the state shall be
961		-	deposited in the “Teachers’ Certificate Fund” in the
962		-	State Treasury and may be expended by the State Board
963		-	of Education to finance the activities of the State
964		-	Department of Education necessary to administer the
965		-	program, for consultative services, publication costs,
966		-	actual and necessary travel expenses as provided in
967	965		the State Travel Reimbursement Act incurred by persons
968		-	performing research work, and other expenses found
969		-	necessary by the State Board of Education for the
970		-	improvement of the preparation and certification of
971		-	teachers in Oklahoma. Provided, any unobligated
972		-	balance in the Teachers’ Certificate Fund in excess of
973		-	Ten Thousand Dollars ($10,000.00) on June 30 of any
974		-	fiscal year shall be transferred to the General
975		-	Revenue Fund of the State of Oklahoma this state.
976		-	Until July 1, 1997, the State Board of Education shall
977		-	have authority for approval of teacher education
978		-	programs. The State Board of Education shall also
979		-	have authority for the administration of teacher
980		-
981		-	ENGR. H. A. to ENGR. S. B. NO. 758 Page 20 1
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1005		-
1006		-	residency and professional development, subject to the
1007		-	provisions of the Oklahoma Teacher Preparation Act;
1008		-	7. Promulgate rules governing the classification, inspection,
1009		-	supervision, and accrediting of all pub lic nursery, kindergarten,
1010		-	elementary and secondary schools , and on-site educational services
1011		-	provided by public school districts or state-accredited private
1012		-	schools in partial hospitalization programs, day treatment programs,
1013		-	and day hospital programs as defined in this act for persons between
1014		-	the ages of three (3) and twenty-one (21) years of age in the state.
1015		-	However, no school shall be denied accredit ation solely on the basis
1016		-	of average daily attendance.
1017		-	Any school district which maintains an elementar y school and
1018		-	faces the necessity of relocating its school faciliti es because of
1019		-	construction of a lake, either by state or federal authority, which
1020		-	will inundate the school facilities, shall be entitled to receive
1021		-	probationary accreditation from the State Board of Education for a
1022		-	period of five (5) years after the effective date of this act
1023		-	September 5, 1975, and any school district, otherwise qualified,
1024		-	shall be entitled to receive probationary accreditation from the
1025		-	State Board of Education for a period of two (2) consecutive years
1026		-	to attain the minimum average daily attend ance. The Head Start and
1027		-	public nurseries or kindergartens operated from Community Action
1028		-	Program funds shall not be subjected to the accrediting rules of the
1029		-	State Board of Education. Neither will the State Board of Education
1030		-
1031		-	ENGR. H. A. to ENGR. S. B. NO. 758 Page 21 1
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1040		-	10
1041		-	11
1042		-	12
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1055		-
1056		-	make rules affecting the op eration of the public nurseries and
1057		-	kindergartens operated from federal funds secured through Community
1058		-	Action Programs even though they may be operating in the public
1059		-	schools of the state. However, any of the Head Start or public
1060		-	nurseries or kindergarte ns operated under federal regulations may
1061		-	make application for accrediting from the State Board of Education
1062		-	but will be accredited only if application for the approval of the
1063		-	programs is made. The status of no school district shall be changed
1064		-	which will reduce it to a lower classification until due notice has
1065		-	been given to the proper authorities thereof and an opportunity
1066		-	given to correct the conditions which otherwise would be the cause
1067		-	of such reduction.
1068		-	Private and parochial schools may be accredited a nd classified
1069		-	in like manner as public school s or, if an accrediting association
1070		-	is approved by the State Board of Education, by procedures
1071		-	established by the State Board of Education to accept accreditation
1072		-	by such accrediting association, if application is made to the State
1073		-	Board of Education for s uch accrediting;
1074		-	8. Be the legal agent of the State of Oklahoma to accept, in
1075		-	its discretion, the provisions of any Act of Congress appropriating
1076		-	or apportioning funds which are now, or may hereafter be, provid ed
1077		-	for use in connection with any phase of th e system of public
1078		-	education in Oklahoma. It shall prescribe such rules as it finds
1079		-
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1087		-	8
1088		-	9
1089		-	10
1090		-	11
1091		-	12
1092		-	13
1093		-	14
1094		-	15
1095		-	16
1096		-	17
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1103		-	24
1104		-
1105		-	necessary to provide for the proper distribution of such funds in
1106		-	accordance with the state and federal laws ;
1107		-	9. Be and is specifically hereby designated as the agency of
1108		-	this state to cooperate and deal with any officer, board, or
1109		-	authority of the United States Government under any law of the
1110		-	United States which may require or recommend cooperation with any
1111		-	state board having c harge of the administration of public schools
1112		-	unless otherwise provided by law;
1113		-	10. Be and is hereby designated as the “State Educational
1114		-	Agency” referred to in Public Law 396 of the 79th Congress of the
1115		-	United States, which law states that said the act may be cited as
1116		-	the “National School Lunch Act ”, and said the State Board of
1117		-	Education is hereby authorized and directed to accept the terms and
1118		-	provisions of said the act and to enter into such agreements, not in
1119		-	conflict with the Constitution of Oklahoma or the Constitution and
1120		-	Statutes of the Unite d States, as may be n ecessary or appropriate to
1121		-	secure for the State of Oklahoma this state the benefits of the
1122		-	school lunch program established and referred to in said the act;
1123		-	11. Have authority to secure and administer the benefits of the
1124		-	National School Lunch Act, Public Law 396 of the 79th Congress of
1125		-	the United States, in the State of Oklahoma this state and is hereby
1126		-	authorized to employ or appoint and fix the compensation of such
1127		-	additional officers or e mployees and to incur such expenses as may
1128		-	be necessary for the ac complishment of the above purpose, administer
1129		-
1130		-	ENGR. H. A. to ENGR. S. B. NO. 758 Page 23 1
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1141		-	12
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1154		-
1155		-	the distribution of any state funds appropriated by the Legislature
1156		-	required as federal matching to reimburse on children ’s meals;
1157		-	12. Accept and provide for the administration of any land ,
1158		-	money, buildings, gifts, donation, or other things of value which
1159		-	may be offered or bequeathed to the schools under the supervision or
1160		-	control of said the Board;
1161		-	13. Have authority to require persons having a dministrative
1162		-	control of all school districts in Oklahoma to make such regular and
1163		-	special reports regarding the activities of the schools in said the
1164		-	districts as the Board may deem needful for the proper exercise of
1165		-	its duties and functions. Such author ity shall include the right of
1166		-	the State Board of Education to wit hhold all state funds under its
1167		-	control, to withhold official recognition, including accrediting,
1168		-	until such required reports have been filed and accepted in the
1169		-	office of said the Board and to revoke the certificates of persons
1170		-	failing or refusing to make such reports;
1171		-	14. Have general supervision of the school lunch program. The
1172		-	State Board of Education may sponsor workshops for personnel and
1173		-	participants in the school lunch program and m ay develop, print, and
1174		-	distribute free of cha rge or sell any mater ials, books, and
1175		-	bulletins to be used in such the school lunch programs. There is
1176		-	hereby created in the State Treasury a revolving fund for the Board,
1177		-	to be designated the School Lunch Work shop Revolving Fund. The fund
1178		-	shall consist of all fees derived f rom or on behalf of any
1179		-
1180		-	ENGR. H. A. to ENGR. S. B. NO. 758 Page 24 1
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1204		-
1205		-	participant in any such workshop sponsored by the State Board of
1206		-	Education, or from the sale of any materials, books, and bulletins,
1207		-	and such funds shall be disbursed for expenses of such workshops and
1208		-	for developing, printing, and distributing of such the materials,
1209		-	books, and bulletins relating to the school lunch program. The fund
1210		-	shall be administered in accordance with Section 155 of Title 62 of
1211		-	the Oklahoma Statutes;
1212		-	15. Prescribe all forms for school dis trict and county offi cers
1213		-	to report to the State Board of Education where required. The State
1214		-	Board of Education shall also prescribe a list of appropriation
1215		-	accounts by which the funds of school districts shal l be budgeted,
1216		-	accounted for, and expended; and it shall be the du ty of the State
1217		-	Auditor and Inspector in prescribing all budgeting, accounting, and
1218		-	reporting forms for school funds to conform to such lists;
1219		-	16. Provide for the establishment of a uniform system of pupil
1220		-	and personnel accounting, re cords, and reports;
1221		-	17. Have authority to provide for the health and safety of
1222		-	school children and school personnel while under the jurisdiction of
1223		-	school authorities;
1224		-	18. Provide for the supervision of the tr ansportation of
1225		-	pupils;
1226		-	19. Have authority, upon request of the l ocal school board, to
1227		-	act in behalf of the public schools of the state in the purchase of
1228		-	transportation equipment;
1229		-
1230		-	ENGR. H. A. to ENGR. S. B. NO. 758 Page 25 1
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1237		-	8
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1239		-	10
1240		-	11
1241		-	12
1242		-	13
1243		-	14
1244		-	15
1245		-	16
1246		-	17
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1248		-	19
1249		-	20
1250		-	21
1251		-	22
1252		-	23
1253		-	24
1254		-
1255		-	20. Have authority and is hereby required to perform all duties
1256		-	necessary to the administration of the public school s ystem in
1257		-	Oklahoma as specified in the Oklahoma School Code; and, in addition
1258		-	thereto, those duties not specifically mentioned herein if not
1259		-	delegated by law to any other agency or official;
1260		-	21. Administer the S tate Public Common School Building
1261		-	Equalization Fund established b y Section 32 of Article X of the
1262		-	Oklahoma Constitution. Any monies as may be appropriated or
1263		-	designated by the Legislature, other than ad valorem taxes, any
1264		-	other funds identified by the St ate Department of Education, which
1265		-	may include, but not be limited to, grants-in-aid from the federal
1266		-	government for building purposes, the proceeds of all property that
1267		-	shall fall to the state by escheat, penalties for unlawful holding
1268		-	of real estate by corporations, and capital gains on assets of t he
1269		-	permanent school funds, shall be deposited in the State Public
1270		-	Common School Building Equalization Fund. The fund shall be used to
1271		-	aid school districts and charter schools in acquiring buildings,
1272		-	subject to the limitations fixed by Section 32 of Articl e X of the
1273		-	Oklahoma Constitution. It is hereby declared that the term
1274		-	“acquiring buildings” as used in Section 32 of Article X of the
1275		-	Oklahoma Constitution shall mean acquiring or improving school
1276		-	sites, constructing, repairing, remodeling, or equipping buildings,
1277		-	or acquiring school furniture, fixtures, or equipment. It is hereby
1278		-	declared that the term “school districts” as used in Section 32 of
1279		-
1280		-	ENGR. H. A. to ENGR. S. B. NO. 758 Page 26 1
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1287		-	8
1288		-	9
1289		-	10
1290		-	11
1291		-	12
1292		-	13
1293		-	14
1294		-	15
1295		-	16
1296		-	17
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1304		-
1305		-	Article X of the Oklahoma Constitution shall mean school district s
1306		-	and eligible charter schools as defined in subsection B of this
1307		-	section. The State Board of Education shall disburse redbud school
1308		-	grants annually from the State Public Common School Building
1309		-	Equalization Fund to public schools and eligible charter scho ols
1310		-	pursuant to subsection B of this section. The Board shall
1311		-	promulgate rules for the implementation of disbursing redbud school
1312		-	grants pursuant to this section. The State Board of Education shall
1313		-	prescribe rules for making grants of aid from, and for o therwise
1314		-	administering, the fund pursuant to the provisions of thi s
1315		-	paragraph, and may employ and fix the duties and compensation of
1316		-	technicians, aides, clerks, stenographers, attorneys, and other
1317		-	personnel deemed necessary to carry out the provisions of t his
1318		-	paragraph. The cost of administering the fund shall be paid f rom
1319		-	monies appropriated to the State Board of Education for the
1320		-	operation of the State Department of Education. From monies
1321		-	apportioned to the fund, the State Department of Education may
1322		-	reserve not more than one-half of one percent ( 1/2 of 1%) for
1323		-	purposes of administering the fund;
1324		-	22. Recognize that the Director of the Oklahoma Department of
1325		-	Corrections shall be the administrative authority for the schools
1326		-	which are maintained in the sta te reformatories and shall appoint
1327		-	the principals and teachers in such schools. Provided, that rules
1328		-	of the State Board of Education for the classification, inspection,
1329		-
1330		-	ENGR. H. A. to ENGR. S. B. NO. 758 Page 27 1
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1354		-
1355		-	and accreditation of public schools shall be applicable to such
1356		-	schools; and such scho ols shall comply with standards set by the
1357		-	State Board of Educatio n; and
1358		-	23. Have authority to administer a revolving fund which is
1359		-	hereby created in the State Treasury, to be designated the
1360		-	Statistical Services Revolving Fund. The fund shall consist of all
1361		-	monies received from the various school d istricts of the state , the
1362		-	United States Government, and other sources for the purpose of
1363		-	furnishing or financing statistical services and for any other
1364		-	purpose as designated by the Legislature. The State Board of
1365		-	Education is hereby authorized to enter i nto agreements with s chool
1366		-	districts, municipalities, the United States Government,
1367		-	foundations, and other agencies or individuals for services,
1368		-	programs, or research projects. The Statistical Services Revolvin g
1369		-	Fund shall be administered in accordance wi th Section 155 of Tit le
1370		-	62 of the Oklahoma Statutes.
1371		-	B. 1. The redbud school grants shall be determined by the
1372		-	State Department of Education as follows:
1373		-	a. divide the county four-mill levy revenue by four to
1374		-	determine the nonchargeable county four -mill revenue
1375		-	for each school district,
1376		-	b. determine the amount of new revenue generated by the
1377		-	five-mill building fund levy as authorized by Section
1378		-	10 of Article X of the Oklahoma Constitution for each
1379		-
1380		-	ENGR. H. A. to ENGR. S. B. NO. 758 Page 28 1
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1386		-	7
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1388		-	9
1389		-	10
1390		-	11
1391		-	12
1392		-	13
1393		-	14
1394		-	15
1395		-	16
1396		-	17
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1404		-
1405		-	school district as reported in the Oklahoma Cost
1406		-	Accounting System for the prece ding fiscal year,
1407		-	c. add the amounts calculated in subparagraphs a and b of
1408		-	this paragraph to determine the nonchargeable millage
1409		-	for each school district,
1410		-	d. add the nonchargeable millage i n each district
1411		-	statewide as calculated in su bparagraph c of this
1412		-	paragraph and divide the total by the average daily
1413		-	membership in public schools statewide based on the
1414		-	preceding school year’s average daily membership,
1415		-	according to the provisions of Secti on 18-107 of this
1416		-	title. This amount is the statewide nonchargeab le
1417		-	millage per student, known as the baseline local
1418		-	funding per student,
1419		-	e. all eligible charter schools shall be included in
1420		-	these calculations as unique school districts,
1421		-	separate from the school district that may sponsor the
1422		-	eligible charter school, and the total number of
1423		-	districts shall be used to determine the statewide
1424		-	average baseline local funding per student,
1425		-	f. for each school district or eligible charter school
1426		-	which is below the baseline local funding per student,
1427		-	the Department shall subtract the baseline local
1428		-	funding per student from the average nonchargeable
1429		-
1430		-	ENGR. H. A. to ENGR. S. B. NO. 758 Page 29 1
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1454		-
1455		-	millage per student of the school district or eligible
1456		-	charter school to determine the nonchargeable millage
1457		-	per student shortfall for each district, and
1458		-	g. the nonchargeable millage per student shortfall for a
1459		-	school district or eligible charter school shall be
1460		-	multiplied by the average daily membership of the
1461		-	preceding school year of the eligible school district
1462		-	or eligible charter school. This amount shall be the
1463		-	redbud school grant a mount for the school district or
1464		-	eligible charter school.
1465		-	2. For fiscal year 2022, monies for the redbud school grants
1466		-	shall be expended primarily from the funds apportioned pursuant to
1467		-	Section 2 Section 426 of this act Title 63 of the Oklahoma Statutes.
1468		-	For fiscal year 2023 and each subsequent fiscal year, monies for the
1469		-	redbud school grants shall be appropriated pursuant to Section 2 of
1470		-	this act, not to exceed three-fourths (3/4) of the tax collec ted in
1471		-	the preceding fiscal year pursuant to S ection 426 of Title 63 of th e
1472		-	Oklahoma Statutes as determined by the Oklahoma Tax Commission. For
1473		-	fiscal year 2023 2024 and each subsequent fisca l year, if such
1474		-	appropriated funds apportionment combined with related
1475		-	appropriation, if any, are insufficient to fund the redbu d school
1476		-	grants, then an additional apportionment of funds shall be made from
1477		-	sales tax collections as provided by subsection D of Section 3 1353
1478		-	of this act Title 68 of the Oklahoma Statutes . If both funds are
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1505		-	insufficient, the Department shall promulgate rules to permit a
1506		-	decrease to the baseline local funding per student to the highest
1507		-	amount allowed with the funding available.
1508		-	3. As used in this section, “eligible charter school” shall
1509		-	mean a charter school which is spons ored pursuant to the provisions
1510		-	of the Oklahoma Charter School Schools Act. Provided, however,
1511		-	“eligible charter school” shall not include a charter school
1512		-	sponsored by the Statewide Virtual Charter School Board but shall
1513		-	only include those which provide in-person or blended instruction,
1514		-	as provided by Section 1-111 of this title, to not less than two-
1515		-	thirds (2/3) of students as the primary means of instructional
1516		-	service delivery.
1517		-	4. The Department shall develop a program to acknowledge the
1518		-	redbud school grant recipients and shall include elected members of
1519		-	the Oklahoma House of Representatives and Oklahoma State Senate who
1520		-	represent the school districts and eligible char ter schools.
1521		-	5. The Department shall create a dedicated page on its website
1522		-	listing annual redbud school grant recipients, amount awarded to
1523		-	each recipient, and other pertinent information about the Redbud
1524		-	School Funding Act.
1525		-	6. The Department shall prov ide the Chair of the House
1526		-	Appropriations and Budget Committee and the Chair of the Se nate
1527		-	Appropriations Committee no later than February 1 of each year with
1528		-
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1554		-	an estimate of the upcoming year’s redbud school grant allocation as
1555		-	prescribed by this section.
1556		-	SECTION 9. This act shall become effective July 1, 2023.
1557		-	SECTION 10. It being immediately necessary for the preservation
1558		-	of the public peace, health or safety, an emergency is hereby
1559		-	declared to exist, by reason whereof thi s act shall take effect and
1560		-	be in full force from and after its passa ge and approval."
1561		-	Passed the House of Representatives the 27th day of April, 2023.
1562		-
1563		-
1564		-
1565		-
1566		-
1567		-	Presiding Officer of the House of
1568		-	Representatives
1569		-
1570		-
1571		-	Passed the Senate the ____ day of _______ ___, 2023.
1572		-
1573		-
1574		-
1575		-
1576		-
1577		-	Presiding Officer of the Senate
1578		-
1579		-	ENGR. S. B. NO. 758 Page 1 1
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1603		-
1604		-	ENGROSSED SENATE
1605		-	BILL NO. 758 By: Rosino of the Senate
1606		-
1607		-	and
1608		-
1609		-	Hilbert of the House
1610		-
1611		-
1612		-
1613		-
1614		-	An Act relating to medical marijuan a; amending 63
1615		-	O.S. 2021, Sections 426, as amended by Section 27,
1616		-	Chapter 228, O.S.L. 2022 (63 O.S. Supp. 2022, Section
1617		-	426) and 427.5, which relate to medical marijuana;
1618		-	deleting certain apportionments; modifying the
1619		-	Oklahoma Medical Marijuana Authority F und; limiting
1620		-	funding source; requiring legislative appropriat ion;
1621		-	creating the Medical Marijuana Tax Fund; providing
1622		-	for sources of funds; requiring legislative
1623		-	appropriation; amending 68 O.S. 2021, Section 255.2,
1624		-	which relates to tax on retail sales; cla rifying
1625		-	statutory language; amending 68 O.S. 2021, Section
1626		-	1353, as last amended by Section 3, Chapter 412,
1627		-	O.S.L. 2022 (68 O.S. Supp. 2022, Section 1353), which
1628		-	relates to sales tax; deleting certain
1629		-	apportionments; amending 70 O.S. 2021, Section 3 -104,
1630		-	which relates to the State Board of Education;
1631		-	deleting certain apportionment; updating statutory
1632		-	references; updating sta tutory language; providing
1633		-	for codification; and declaring an emergency.
1634		-
1635		-
1636		-
1637		-
1638		-	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
1639		-	SECTION 11. AMENDATORY 63 O.S. 2021, Section 426, as
1640		-	amended by Section 27, Chapter 228, O.S.L. 2022 (63 O.S. Supp. 2022,
1641		-	Section 426), is amended to read as fol lows:
1642		-	Section 426. A. The tax on retail medical marijuana sales
1643		-	shall be established at seven percent (7%) of the gross amount
1644		-	received by the seller.
1645		-
1646		-	ENGR. S. B. NO. 758 Page 2 1
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1670		-
1671		-	B. This tax shall be collected at the point of sale. Except as
1672		-	provided for in subsection D, tax proceeds shall be deposited into
1673		-	the Medical Marijuana Tax Fund created in Secti on 3 of this act will
1674		-	be applied primarily to fi nance the regulatory office.
1675		-	C. Except as provided for in subsection D, if proceeds from the
1676		-	levy authorized by subsection A of this section exceed t he budgeted
1677		-	amount for running the regulatory office, any surplus shall be
1678		-	apportioned with seventy-five percent (75%) going to the General
1679		-	Revenue Fund and may only be expended for common education including
1680		-	funding redbud school grants pursuant to Sectio n 3-104 of Title 70
1681		-	of the Oklahoma Statutes. Twenty-five percent (25%) shall be
1682		-	apportioned to the State Department of Health and earmarked for drug
1683		-	and alcohol rehabilitation and prevention.
1684		-	D. Pursuant to Section 14 of this act Section 255.2 of Title 68
1685		-	of the Oklahoma Statutes, the Oklahoma Tax Commission shall have
1686		-	authority to assess, collect and enforce the tax specified in
1687		-	subsection A of this section including any interest and penalty
1688		-	thereon.
1689		-	E. D. For fiscal year 2022, proceeds from the l evy authorized
1690		-	by subsection A of this sectio n shall be apportioned as follows:
1691		-	1. The first Sixty-five Million Dollars ($65,000,000.00) shall
1692		-	be apportioned as follows:
1693		-
1694		-	ENGR. S. B. NO. 758 Page 3 1
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1696		-	3
1697		-	4
1698		-	5
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1701		-	8
1702		-	9
1703		-	10
1704		-	11
1705		-	12
1706		-	13
1707		-	14
1708		-	15
1709		-	16
1710		-	17
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1716		-	23
1717		-	24
1718		-
1719		-	a. fifty-nine and twenty-three hundredths percent
1720		-	(59.23%) to the State Public Comm on School Building
1721		-	Equalization Fund,
1722		-	b. thirty-four and sixty-two hundredths percent (34.62%)
1723		-	to the Oklahoma Medical Marijuana Authority, a
1724		-	division within the Oklahoma State Department of
1725		-	Health, and
1726		-	c. six and fifteen hundredths percent (6.15 %) to the
1727		-	Oklahoma State Department of Health and earmarked for
1728		-	drug and alcohol rehabilitation; and
1729		-	2. Any surplus collections shall be apportioned to the General
1730		-	Revenue Fund of the State Treasury.
1731		-	SECTION 12. AMENDATORY 63 O.S. 2021, Section 427.5, is
1732		-	amended to read as follows:
1733		-	Section 427.5. There is hereby created in the State Treasury a
1734		-	revolving fund for the State Department of Health Oklahoma Medical
1735		-	Marijuana Authority to be designated the “Oklahoma Medical Marijuana
1736		-	Authority Revolving Fund”. The fund shall be a continuing fund, not
1737		-	subject to fiscal year limitations, and shall consist of all monies
1738		-	received by the Department Authority from fees and fines collected
1739		-	pursuant to this act and all monies received by the Oklahoma Tax
1740		-	Commission from tax proceeds coll ected pursuant to Section 426 of
1741		-	Title 63 of the Oklahoma Statutes. All monies accruing to the
1742		-	credit of the fund are hereby a ppropriated and may be budgeted and
1743		-
1744		-	ENGR. S. B. NO. 758 Page 4 1
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1768		-
1769		-	expended by the Department for the purposes set forth in Section 426
1770		-	of Title 63 of the Oklah oma Statutes. Expenditures from the fund
1771		-	shall be made upon warrants issued by the State Treas urer against
1772		-	claims filed as prescribed by law with the Director of the Office of
1773		-	Management and Enterprise Services for approval and payment the
1774		-	Oklahoma Medical Marijuana and Patient Prote ction Act. All monies
1775		-	accruing to the credit of the fund shall be appropriated at the
1776		-	discretion of the Legislature for the purpose of funding the medical
1777		-	marijuana regulatory office.
1778		-	SECTION 13. NEW LAW A new section of law to be codified
1779		-	in the Oklahoma Statutes as Section 427.5a of Title 63, unless there
1780		-	is created a duplicat ion in numbering, reads as follows:
1781		-	There is hereby created in the State Treasury a fund for the
1782		-	Oklahoma Medical Marijuana Authority to be designated the “Medical
1783		-	Marijuana Tax Fund”. The fund shall be a continuing fund, not
1784		-	subject to fiscal year limita tions, and shall consist of all monies
1785		-	received by the Authority from tax proceeds collected pursua nt to
1786		-	Section 426 of Title 63 of the Oklahoma Statutes . All monies
1787		-	accruing to the credi t of the fund shall be appropriated at the
1788		-	discretion of the Legisla ture for the purpose of funding substance
1789		-	abuse programs and common education including but not limited to
1790		-	funding redbud school grants pursu ant to Section 3-104 of Title 70
1791		-	of the Oklahoma Statutes.
1792		-
1793		-	ENGR. S. B. NO. 758 Page 5 1
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1817		-
1818		-	SECTION 14. AMENDATORY 68 O.S. 2021, Section 255.2, is
1819		-	amended to read as follows:
1820		-	Section 255.2. As provided in Section 426 of Title 63 of the
1821		-	Oklahoma Statutes, the State Department of Health Oklahoma Medical
1822		-	Marijuana Authority and the Oklahoma Tax Commission shall enter into
1823		-	a contract whereby t he Tax Commission shall have authority to
1824		-	assess, collect and enforce the seven percent (7%) tax on retail
1825		-	medical marijuana sales and any penalties an d interest thereon.
1826		-	Such assessment, collection and enforcement authority shall apply to
1827		-	any tax and any penalty or interest liability on retail medic al
1828		-	marijuana sales existing at the time of contracting. The contract
1829		-	shall provide for the assessment, c ollection and enforcement of the
1830		-	tax on retail medical marijuana sales in the same manner as the
1831		-	administration, collection and enforcement of any tax payable by any
1832		-	taxpayer subject to taxation under any state tax law. For providing
1833		-	such collection assis tance, the Tax Commission shall charge the
1834		-	State Department of Health Oklahoma Medical Mari juana Authority a
1835		-	fee of one and five-tenths percent (1.5%) of the gross collection
1836		-	proceeds. All funds retained by the Tax Commission for the
1837		-	collection services s hall be deposited in the Tax Commission
1838		-	Reimbursement Fund in the State Treasury.
1839		-	SECTION 15. AMENDATORY 68 O.S. 2021, Section 1353, as
1840		-	last amended by Section 3, Chapter 412, O.S.L. 2022 (68 O.S. Supp.
1841		-	2022, Section 1353), is amended to read as follows:
1842		-
1843		-	ENGR. S. B. NO. 758 Page 6 1
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1867		-
1868		-	Section 1353. A. It is hereby declared to be the purpose of
1869		-	the Oklahoma Sales Tax Code to provide funds for the financing of
1870		-	the program provided for by the Oklahoma Social Security Act and to
1871		-	provide revenues for the support of the functions of the state
1872		-	government of Oklahoma, and for this purpose it is hereby expressly
1873		-	provided that, revenues derived pursuant to the provisions of the
1874		-	Oklahoma Sales Tax Code, subject to the apportionment requirements
1875		-	for the Oklahoma Tax Commission and Office of Management and
1876		-	Enterprise Services Joint Computer Enhancement Fund provided by
1877		-	Section 265 of this title, shall be apportioned as follows:
1878		-	1. Except as provided in subsections subsection C and D of this
1879		-	section, the following amounts shall be paid to the State Treasurer
1880		-	to be placed to the credit of the General Revenue Fund to be paid
1881		-	out pursuant to direct appropriation by the Legislature:
1882		-	Fiscal Year Amount
1883		-	FY 2003 and FY 2004 86.04%
1884		-	FY 2005 85.83%
1885		-	FY 2006 85.54%
1886		-	FY 2007 85.04%
1887		-	FY 2008 through FY 2022 83.61%
1888		-	FY 2023 through FY 2027 83.36%
1889		-	FY 2028 and each fiscal year thereafter 83.61%;
1890		-
1891		-	ENGR. S. B. NO. 758 Page 7 1
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1900		-	10
1901		-	11
1902		-	12
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1905		-	15
1906		-	16
1907		-	17
1908		-	18
1909		-	19
1910		-	20
1911		-	21
1912		-	22
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1914		-	24
1915		-
1916		-	2. The following amounts shall be paid to the State Treasurer
1917		-	to be placed to the credit of the Education Reform Revolving Fund of
1918		-	the State Department of Education:
1919		-	a. for FY 2003, FY 2004 and FY 2005, ten and forty-two
1920		-	one-hundredths percent (10.42%),
1921		-	b. for FY 2006 through FY 2020, ten and forty-six one-
1922		-	hundredths percent (10.46%),
1923		-	c. for FY 2021:
1924		-	(1) for the month beginning July 1, 2020, through the
1925		-	month ending August 31, 2020, ten and forty-six
1926		-	one-hundredths percent (10.46%), and
1927		-	(2) for the month beginning September 1, 2020,
1928		-	through the month ending June 30, 2021, eleven
1929		-	and ninety-six one-hundredths percent (11.96%),
1930		-	d. for FY 2022 and each fiscal year thereafter, ten and
1931		-	forty-six one-hundredths percent (10.46%);
1932		-	3. The following amounts shall be paid to the State Treasurer
1933		-	to be placed to the credit of the Teachers’ Retirement System
1934		-	Dedicated Revenue Revolving Fund:
1935		-	Fiscal Year Amount
1936		-	FY 2003 and FY 2004 3.54%
1937		-	FY 2005 3.75%
1938		-	FY 2006 4.0%
1939		-	FY 2007 4.5%
1940		-
1941		-	ENGR. S. B. NO. 758 Page 8 1
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1948		-	8
1949		-	9
1950		-	10
1951		-	11
1952		-	12
1953		-	13
1954		-	14
1955		-	15
1956		-	16
1957		-	17
1958		-	18
1959		-	19
1960		-	20
1961		-	21
1962		-	22
1963		-	23
1964		-	24
1965		-
1966		-	FY 2008 through FY 2020 5.0%
1967		-	FY 2021:
1968		-	a. for the month beginning July
1969		-	1, 2020, through the month
1970		-	ending August 31, 2020 5.0%
1971		-	b. for the month beginning
1972		-	September 1, 2020, through
1973		-	the month ending June 30,
1974		-	2021 3.5%
1975		-	FY 2022 5.0%
1976		-	FY 2023 through FY 2027 5.25%
1977		-	FY 2028 and each fiscal year thereafter 5.0%;
1978		-	4. a. except as otherwise provided in subparagraph b of this
1979		-	paragraph, for the fiscal year beginning July 1, 2022,
1980		-	and for each fiscal year thereafter, eighty-seven one-
1981		-	hundredths percent (0.87%) shall be paid to the State
1982		-	Treasurer to be further apportioned as follows:
1983		-	(1) twenty-four percent (24%) shall be placed to the
1984		-	credit of the Oklahoma Tourism Promotion
1985		-	Revolving Fund, but in no event shall such
1986		-	apportionment exceed Five Million Dollars
1987		-	($5,000,000.00) in any fiscal year,
1988		-	(2) forty-four percent (44%) shall be placed to the
1989		-	credit of the Oklahoma Tourism Capital
1990		-
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1996		-	6
1997		-	7
1998		-	8
1999		-	9
2000		-	10
2001		-	11
2002		-	12
2003		-	13
2004		-	14
2005		-	15
2006		-	16
2007		-	17
2008		-	18
2009		-	19
2010		-	20
2011		-	21
2012		-	22
2013		-	23
2014		-	24
2015		-
2016		-	Improvement Revolving Fund, but in no event shall
2017		-	such apportionment exceed Nine Million Dollars
2018		-	($9,000,000.00) in any fiscal year, and
2019		-	(3) thirty-two percent (32%) shall be placed to th e
2020		-	credit of the Oklahoma Route 66 Commission
2021		-	Revolving Fund, but in no event shall such
2022		-	apportionment exceed Six Million Six Hundred
2023		-	Thousand Dollars ($6,600,000.00) in any fiscal
2024		-	year, and
2025		-	b. any amounts which exceed the limitations of
2026		-	subparagraph a of this paragraph shall be placed to
2027		-	the credit of the General Revenue Fund; and
2028		-	5. For the fiscal year beginning July 1, 2015, and for each
2029		-	fiscal year thereafter, six one-hundredths percent (0.06%) shall be
2030		-	placed to the credit of the Oklahoma Historical Society Capital
2031		-	Improvement and Operations Revolving Fund, but in no event shall
2032		-	such apportionment exceed the total amount apportioned pursuant to
2033		-	this paragraph for the fiscal year ending on June 30, 2015. Any
2034		-	amounts which exceed the limitations of this paragraph shall be
2035		-	placed to the credit of the General Revenue Fund.
2036		-	B. Provided, for the fiscal year beginning July 1, 2007, and
2037		-	every fiscal year thereafter, an amount of revenue shall be
2038		-	apportioned to each municipality or county which levies a sales tax
2039		-	subject to the provisions of Section 1357.10 of this title and
2040		-
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2065		-
2066		-	subsection F of Section 2701 of this title equal to the amount of
2067		-	sales tax revenue of such municipality or county exempted by the
2068		-	provisions of Section 1357.10 of this title and subsection F of
2069		-	Section 2701 of this title. The Oklahoma Tax Commission shall
2070		-	promulgate and adopt rules necessary to implement the provisions of
2071		-	this subsection.
2072		-	C. From the monies that would otherwise be apportioned to the
2073		-	General Revenue Fund pursuant to subsection A of this section, there
2074		-	shall be apportioned the following amounts:
2075		-	1. For the month ending August 31, 2019:
2076		-	a. Nine Million Six Hundred Thousand Dollars
2077		-	($9,600,000.00) to the credit of the State Highway
2078		-	Construction and Maintenance Fund created in Section
2079		-	1501 of Title 69 of the Oklahoma Statutes, and
2080		-	b. Two Million Dollars ($2,000,000.00) to the credit of
2081		-	the Oklahoma Railroad Maintenance Revolving Fund
2082		-	created in Section 309 of Title 66 of the Oklahoma
2083		-	Statutes;
2084		-	2. For the month ending September 30, 2019:
2085		-	a. Twenty Million Dollars ($20,000,000.00) to the credit
2086		-	of the State Highway Construction and Maintenance Fund
2087		-	created in Section 1501 of Title 69 of the Oklahoma
2088		-	Statutes, and
2089		-
2090		-	ENGR. S. B. NO. 758 Page 11 1
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2092		-	3
2093		-	4
2094		-	5
2095		-	6
2096		-	7
2097		-	8
2098		-	9
2099		-	10
2100		-	11
2101		-	12
2102		-	13
2103		-	14
2104		-	15
2105		-	16
2106		-	17
2107		-	18
2108		-	19
2109		-	20
2110		-	21
2111		-	22
2112		-	23
2113		-	24
2114		-
2115		-	b. Two Million Dollars ($2,000,000.00) to the credit of
2116		-	the Oklahoma Railroad Maintenance Revolving Fund
2117		-	created in Section 309 of Title 66 of the Oklahoma
2118		-	Statutes;
2119		-	3. For the month ending October 31, 2019:
2120		-	a. Twenty Million Dollars ($20,000,000.00) to the credit
2121		-	of the State Highway Construction and Maintenance Fund
2122		-	created in Section 1501 of Title 69 of the Oklahoma
2123		-	Statutes, and
2124		-	b. Two Million Dollars ($2,000,000.00) to the credit of
2125		-	the Oklahoma Railroad Maintenance Revolving Fund
2126		-	created in Section 309 of Title 66 of the Oklahoma
2127		-	Statutes;
2128		-	4. For the month ending November 30, 2019:
2129		-	a. Twenty Million Dollars ($20,000,000.00) to the credit
2130		-	of the State Highway Construction and Maintenance Fund
2131		-	created in Section 1501 of Title 69 of the Oklahoma
2132		-	Statutes, and
2133		-	b. Two Million Dollars ($2,000,000.00) to the credit of
2134		-	the Oklahoma Railroad Maintenance Revolving Fund
2135		-	created in Section 309 of Title 66 of the Oklahoma
2136		-	Statutes; and
2137		-	5. For the month ending December 31, 2019:
2138		-
2139		-	ENGR. S. B. NO. 758 Page 12 1
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2141		-	3
2142		-	4
2143		-	5
2144		-	6
2145		-	7
2146		-	8
2147		-	9
2148		-	10
2149		-	11
2150		-	12
2151		-	13
2152		-	14
2153		-	15
2154		-	16
2155		-	17
2156		-	18
2157		-	19
2158		-	20
2159		-	21
2160		-	22
2161		-	23
2162		-	24
2163		-
2164		-	a. Twenty Million Dollars ($20,000,000.00) to the credit
2165		-	of the State Highway Construction and Maintenance Fund
2166		-	created in Section 1501 of Title 69 of the Oklahoma
2167		-	Statutes, and
2168		-	b. Two Million Dollars ($2,000,000.00) to the credit of
2169		-	the Oklahoma Railroad Maintenance Revolving Fund
2170		-	created in Section 309 of Title 66 of the Oklahoma
2171		-	Statutes.
2172		-	D. For fiscal year 2023, and each subsequent fiscal year,
2173		-	before any other apportionment otherwise required by this section is
2174		-	made to the General Revenue Fund, there shall be apportioned to the
2175		-	State Public Common School Building Equalization Fund an amount, if
2176		-	any, as required pursuant to Section 3-104 of Title 70 of the
2177		-	Oklahoma Statutes, not to exceed the state sales tax generated by
2178		-	medical marijuana sales in the preceding fiscal year as reported by
2179		-	the Oklahoma Tax Commission.
2180		-	SECTION 16. AMENDATORY 70 O.S. 2021, Section 3-104, is
2181		-	amended to read as follows:
2182		-	Section 3-104. A. The supervision of the public school system
2183		-	of Oklahoma shall be vested in the State Board of Education and,
2184		-	subject to limitations otherwise provided by law, the State B oard of
2185		-	Education shall:
2186		-	1. Adopt policies and make rules for the operation of the
2187		-	public school system of the state;
2188		-
2189		-	ENGR. S. B. NO. 758 Page 13 1
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2191		-	3
2192		-	4
2193		-	5
2194		-	6
2195		-	7
2196		-	8
2197		-	9
2198		-	10
2199		-	11
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2205		-	17
2206		-	18
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2209		-	21
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2211		-	23
2212		-	24
2213		-
2214		-	2. Appoint, prescribe the dutie s, and fix the compensation of a
2215		-	secretary, an attorney, and all other personnel necessary for the
2216		-	proper performance of the functions of the State Board of Education.
2217		-	The secretary shall no t be a member of the Board;
2218		-	3. Submit to the Governor a departme ntal budget based upon
2219		-	major functions of the Department as prepared by the State
2220		-	Superintendent of Publi c Instruction and supported by detailed data
2221		-	on needs and proposed operations as parti ally determined by the
2222		-	budgetary needs of local school districts filed with the State Board
2223		-	of Education for the ensuing fiscal year. Appropriations therefor
2224		-	shall be made in lump-sum form for each major item in the budget as
2225		-	follows:
2226		-	a. State Aid to schools,
2227		-	b. the supervision of all other functions of general and
2228		-	special education including general control, free
2229		-	textbooks, school lunch, Indian education , and all
2230		-	other functions of the Board and an amount sufficient
2231		-	to adequately staff and administer thes e services, and
2232		-	c. the Board shall determine the details by which the
2233		-	budget and the appropriations are adminis tered.
2234		-	Annually, the Board shall make preparations to
2235		-	consolidate all of the functions of the Department in
2236		-	such a way that the budget can be ba sed on two items,
2237		-	administration and aid to schools. A maximum a mount
2238		-
2239		-	ENGR. S. B. NO. 758 Page 14 1
2240		-	2
2241		-	3
2242		-	4
2243		-	5
2244		-	6
2245		-	7
2246		-	8
2247		-	9
2248		-	10
2249		-	11
2250		-	12
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2252		-	14
2253		-	15
2254		-	16
2255		-	17
2256		-	18
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2258		-	20
2259		-	21
2260		-	22
2261		-	23
2262		-	24
2263		-
2264		-	for administration shall be designated a s a part of
2265		-	the total appropriation;
2266		-	4. On the first day o f December preceding each regular session
2267		-	of the Legislature, prepare and deliver to t he Governor and the
2268		-	Legislature a report for the year ending June 30 immediately
2269		-	preceding the regular session of the Legislature. The report shall
2270		-	contain:
2271		-	a. detailed statistics and other information concerning
2272		-	enrollment, attendance, expenditures inclu ding State
2273		-	Aid, and other pertinent data for all public schools
2274		-	in this state,
2275		-	b. reports from each and every d ivision within the State
2276		-	Department of Education as submitt ed by the State
2277		-	Superintendent of Public Instruction and any other
2278		-	division, department, institution, or other agency
2279		-	under the supervision of the Boar d,
2280		-	c. recommendations for the improvement of t he public
2281		-	school system of the state,
2282		-	d. a statement of the receipts and expenditures of the
2283		-	State Board of Education for the past year, and
2284		-	e. a statement of plans and recommendations for the
2285		-	management and improvement of public schools and such
2286		-	other information relating to the educational
2287		-
2288		-	ENGR. S. B. NO. 758 Page 15 1
2289		-	2
2290		-	3
2291		-	4
2292		-	5
2293		-	6
2294		-	7
2295		-	8
2296		-	9
2297		-	10
2298		-	11
2299		-	12
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2302		-	15
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2308		-	21
2309		-	22
2310		-	23
2311		-	24
2312		-
2313		-	interests of the state as may be deemed necessary and
2314		-	desirable;
2315		-	5. Provide for the formulation and adoptio n of curricula,
2316		-	courses of study, and other instructional aids ne cessary for the
2317		-	adequate instruction of pupils in the public schools;
2318		-	6. Have authority in matters perta ining to the licensure and
2319		-	certification of persons for instructional, supervisory, and
2320		-	administrative positions and services in the public schools of the
2321		-	state subject to the provisions of Section 6-184 of this title, and
2322		-	shall formulate rules governing t he issuance and revocation of
2323		-	certificates for superintendents of schools, principals,
2324		-	supervisors, librarians, clerical employees, school nurses, scho ol
2325		-	bus drivers, visiting teachers, classroom t eachers, and for other
2326		-	personnel performing instructional, administrative, and supervisory
2327		-	services, but not including members of boards of educa tion and other
2328		-	employees who do not work directly with pupils, an d may charge and
2329		-	collect reasonable fees for t he issuance of such certificates:
2330		-	a. the State Department o f Education shall not issue a
2331		-	certificate to and shall revoke the certificate of any
2332		-	person who has been convicted, whether upon a verdict
2333		-	or plea of guilty or upon a plea of nolo contendere,
2334		-	or received a suspended sentence or any probationary
2335		-	term for a crime or an attempt to commit a crime
2336		-	provided for in Section 843.5 of Title 21 of the
2337		-
2338		-	ENGR. S. B. NO. 758 Page 16 1
2339		-	2
2340		-	3
2341		-	4
2342		-	5
2343		-	6
2344		-	7
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2346		-	9
2347		-	10
2348		-	11
2349		-	12
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2353		-	16
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2357		-	20
2358		-	21
2359		-	22
2360		-	23
2361		-	24
2362		-
2363		-	Oklahoma Statutes if the offense involved sexual abuse
2364		-	or sexual exploitation as those terms are defined in
2365		-	Section 1-1-105 of Title 10A of the Oklahoma Statutes,
2366		-	Section 741, 843.1, if the offense included sexual
2367		-	abuse or sexual exploitation, 865 et seq. , 885, 888,
2368		-	891, 1021, 1021.2, 1021.3, 1040.13a, 1087, 1088,
2369		-	1111.1, 1114 or 1123 of Title 21 of the Oklahoma
2370		-	Statutes or who enters this state and who has been
2371		-	convicted, received a suspended sentence, or received
2372		-	a deferred judgment for a crime or attemp ted crime
2373		-	which, if committed or attempted in this state, would
2374		-	be a crime or an attempt to commit a crime prov ided
2375		-	for in any of said the laws,
2376		-	b. all funds collected by the State Department of
2377		-	Education for the issuance of certificates to
2378		-	instructional, supervisory, and administrative
2379		-	personnel in the public schools o f the state shall be
2380		-	deposited in the “Teachers’ Certificate Fund” in the
2381		-	State Treasury and may be expen ded by the State Board
2382		-	of Education to finance the activities of the State
2383		-	Department of Education necessary to administer the
2384		-	program, for consultativ e services, publication costs,
2385		-	actual and necessary travel expenses as provided in
2386		-	the State Travel Reimb ursement Act incurred by persons
2387		-
2388		-	ENGR. S. B. NO. 758 Page 17 1
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2390		-	3
2391		-	4
2392		-	5
2393		-	6
2394		-	7
2395		-	8
2396		-	9
2397		-	10
2398		-	11
2399		-	12
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2403		-	16
2404		-	17
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2410		-	23
2411		-	24
2412		-
2413	966		performing research work, and other expenses found
2414	967		necessary by the State Board of Education for the
2415	968		improvement of the preparation and certification of
2416	969		teachers in Oklahoma. Provided, any unobligated
2417	970		balance in the Teachers’ Certificate Fund in excess of
2418	971		Ten Thousand Dollars ($10,000.00) on June 30 of any
2419	972		fiscal year shall be transferred to the General
2420	973		Revenue Fund of the State of Oklahoma this state.
2421	974		Until July 1, 1997, the State Board of Education shall
2422	975		have authority for approval of teacher education
2423	976		programs. The State Board of Education shall also
2424	977		have authority for the administration of teacher
2425	978		residency and professional development, subject to the
2426	979		provisions of the Oklahoma Teacher Preparation Act;
2427	980		7. Promulgate rules governing the classification, inspection,
2428	981		supervision, and accrediting of all pub lic nursery, kindergarten,
2429	982		elementary and secondary schools , and on-site educational services
2430	983		provided by public school districts or state-accredited private
2431	984		schools in partial hospitalization programs, day treatment programs,
2432	985		and day hospital programs as defined in this act for persons between
2433	986		the ages of three (3) and twenty-one (21) years of age in the state.
2434	987		However, no school shall be denied accredit ation solely on the basis
2435	988		of average daily attendance.
2436	989
2437		-	ENGR. S. B. NO. 758 Page 18 1
	990	+	SB758 HFLR Page 20
	991	+	BOLD FACE denotes Committee Amendments. 1
2438	992		2
2439	993		3
2440	994		4
2441	995		5
2442	996		6
2443	997		7
2444	998		8
2445	999		9
2446	1000		10
2447	1001		11
2448	1002		12
2449	1003		13
2450	1004		14
2451	1005		15
2452	1006		16
2453	1007		17
2454	1008		18
2455	1009		19
2456	1010		20
2457	1011		21
2458	1012		22
2459	1013		23
2460	1014		24
2461	1015
2462	1016		Any school district which maintains an elementar y school and
2463	1017		faces the necessity of relocating its school faciliti es because of
2464	1018		construction of a lake, either by state or federal authority, which
2465	1019		will inundate the school facilities, shall be entitled to receive
2466	1020		probationary accreditation from the State Board of Education for a
2467	1021		period of five (5) years after the effective date of this act
2468	1022		September 5, 1975, and any school district, otherwise qualified,
2469	1023		shall be entitled to receive probationary accreditation from the
2470	1024		State Board of Education for a period of two (2) consecutive years
2471	1025		to attain the minimum average daily attend ance. The Head Start and
2472	1026		public nurseries or kindergartens operated from Community Action
2473	1027		Program funds shall not be subjected to the accrediting rules of the
2474	1028		State Board of Education. Neither will the State Board of Education
2475	1029		make rules affecting the op eration of the public nurseries and
2476	1030		kindergartens operated from federal funds secured through Community
2477	1031		Action Programs even though they may be operating in the public
2478	1032		schools of the state. However, any of the Head Start or public
2479	1033		nurseries or kindergarte ns operated under federal regulations may
2480	1034		make application for accrediting from the State Board of Education
2481	1035		but will be accredited only if application for the approval of the
2482	1036		programs is made. The status of no school district shall be changed
2483	1037		which will reduce it to a lower classification until due notice has
2484	1038		been given to the proper authorities thereof and an opportunity
2485	1039
2486		-	ENGR. S. B. NO. 758 Page 19 1
	1040	+	SB758 HFLR Page 21
	1041	+	BOLD FACE denotes Committee Amendments. 1
2487	1042		2
2488	1043		3
2489	1044		4
2490	1045		5
2491	1046		6
2492	1047		7
2493	1048		8
2494	1049		9
2495	1050		10
2496	1051		11
2497	1052		12
2498	1053		13
2499	1054		14
2500	1055		15
2501	1056		16
2502	1057		17
2503	1058		18
2504	1059		19
2505	1060		20
2506	1061		21
2507	1062		22
2508	1063		23
2509	1064		24
2510	1065
2511	1066		given to correct the conditions which otherwise would be the cause
2512	1067		of such reduction.
2513	1068		Private and parochial schools may be accredited a nd classified
2514	1069		in like manner as public school s or, if an accrediting association
2515	1070		is approved by the State Board of Education, by procedures
2516	1071		established by the State Board of Education to accept accreditation
2517	1072		by such accrediting association, if application is made to the State
2518	1073		Board of Education for s uch accrediting;
2519	1074		8. Be the legal agent of the State of Oklahoma to accept, in
2520	1075		its discretion, the provisions of any Act of Congress appropriating
2521	1076		or apportioning funds which are now, or may hereafter be, provid ed
2522	1077		for use in connection with any phase of th e system of public
2523	1078		education in Oklahoma. It shall prescribe such rules as it finds
2524	1079		necessary to provide for the proper distribution of such funds in
2525	1080		accordance with the state and federal laws ;
2526	1081		9. Be and is specifically hereby designated as the agency of
2527	1082		this state to cooperate and deal with any officer, board, or
2528	1083		authority of the United States Government under any law of the
2529	1084		United States which may require or recommend cooperation with any
2530	1085		state board having c harge of the administration of public schools
2531	1086		unless otherwise provided by law;
2532	1087		10. Be and is hereby designated as the “State Educational
2533	1088		Agency” referred to in Public Law 396 of the 79th Congress of the
2534	1089		United States, which law states that said the act may be cited as
2535	1090
2536		-	ENGR. S. B. NO. 758 Page 20 1
	1091	+	SB758 HFLR Page 22
	1092	+	BOLD FACE denotes Committee Amendments. 1
2537	1093		2
2538	1094		3
2539	1095		4
2540	1096		5
2541	1097		6
2542	1098		7
2543	1099		8
2544	1100		9
2545	1101		10
2546	1102		11
2547	1103		12
2548	1104		13
2549	1105		14
2550	1106		15
2551	1107		16
2552	1108		17
2553	1109		18
2554	1110		19
2555	1111		20
2556	1112		21
2557	1113		22
2558	1114		23
2559	1115		24
2560	1116
2561	1117		the “National School Lunch Act ”, and said the State Board of
2562	1118		Education is hereby authorized and directed to accept the terms and
2563	1119		provisions of said the act and to enter into such agreements, not in
2564	1120		conflict with the Constitution of Oklahoma or the Constitution and
2565	1121		Statutes of the Unite d States, as may be n ecessary or appropriate to
2566	1122		secure for the State of Oklahoma this state the benefits of the
2567	1123		school lunch program established and referred to in said the act;
2568	1124		11. Have authority to secure and administer the benefits of the
2569	1125		National School Lunch Act, Public Law 396 of the 79th Congress of
2570	1126		the United States, in the State of Oklahoma this state and is hereby
2571	1127		authorized to employ or appoint and fix the compensation of such
2572	1128		additional officers or e mployees and to incur such expenses as may
2573	1129		be necessary for the ac complishment of the above purpose, administer
2574	1130		the distribution of any state funds appropriated by the Legislature
2575	1131		required as federal matching to reimburse on children ’s meals;
2576	1132		12. Accept and provide for the administration of any land ,
2577	1133		money, buildings, gifts, donation, or other things of value which
2578	1134		may be offered or bequeathed to the schools under the supervision or
2579	1135		control of said the Board;
2580	1136		13. Have authority to require persons having a dministrative
2581	1137		control of all school districts in Oklahoma to make such regular and
2582	1138		special reports regarding the activities of the schools in said the
2583	1139		districts as the Board may deem needful for the proper exercise of
2584	1140		its duties and functions. Such author ity shall include the right of
2585	1141
2586		-	ENGR. S. B. NO. 758 Page 21 1
	1142	+	SB758 HFLR Page 23
	1143	+	BOLD FACE denotes Committee Amendments. 1
2587	1144		2
2588	1145		3
2589	1146		4
2590	1147		5
2591	1148		6
2592	1149		7
2593	1150		8
2594	1151		9
2595	1152		10
2596	1153		11
2597	1154		12
2598	1155		13
2599	1156		14
2600	1157		15
2601	1158		16
2602	1159		17
2603	1160		18
2604	1161		19
2605	1162		20
2606	1163		21
2607	1164		22
2608	1165		23
2609	1166		24
2610	1167
2611	1168		the State Board of Education to wit hhold all state funds under its
2612	1169		control, to withhold official recognition, including accrediting,
2613	1170		until such required reports have been filed and accepted in the
2614	1171		office of said the Board and to revoke the certificates of persons
2615	1172		failing or refusing to make such reports;
2616	1173		14. Have general supervision of the school lunch program. The
2617	1174		State Board of Education may sponsor workshops for personnel and
2618	1175		participants in the school lunch program and m ay develop, print, and
2619	1176		distribute free of cha rge or sell any mater ials, books, and
2620	1177		bulletins to be used in such the school lunch programs. There is
2621	1178		hereby created in the State Treasury a revolving fund for the Board,
2622	1179		to be designated the School Lunch Work shop Revolving Fund. The fund
2623	1180		shall consist of all fees derived f rom or on behalf of any
2624	1181		participant in any such workshop sponsored by the State Board of
2625	1182		Education, or from the sale of any materials, books, and bulletins,
2626	1183		and such funds shall be disbursed for expenses of such workshops and
2627	1184		for developing, printing, and distributing of such the materials,
2628	1185		books, and bulletins relating to the school lunch program. The fund
2629	1186		shall be administered in accordance with Section 155 of Title 62 of
2630	1187		the Oklahoma Statutes;
2631	1188		15. Prescribe all forms for school dis trict and county offi cers
2632	1189		to report to the State Board of Education where required. The State
2633	1190		Board of Education shall also prescribe a list of appropriation
2634	1191		accounts by which the funds of school districts shal l be budgeted,
2635	1192
2636		-	ENGR. S. B. NO. 758 Page 22 1
	1193	+	SB758 HFLR Page 24
	1194	+	BOLD FACE denotes Committee Amendments. 1
2637	1195		2
2638	1196		3
2639	1197		4
2640	1198		5
2641	1199		6
2642	1200		7
2643	1201		8
2644	1202		9
2645	1203		10
2646	1204		11
2647	1205		12
2648	1206		13
2649	1207		14
2650	1208		15
2651	1209		16
2652	1210		17
2653	1211		18
2654	1212		19
2655	1213		20
2656	1214		21
2657	1215		22
2658	1216		23
2659	1217		24
2660	1218
2661	1219		accounted for, and expended; and it shall be the du ty of the State
2662	1220		Auditor and Inspector in prescribing all budgeting, accounting, and
2663	1221		reporting forms for school funds to conform to such lists;
2664	1222		16. Provide for the establishment of a uniform system of pupil
2665	1223		and personnel accounting, re cords, and reports;
2666	1224		17. Have authority to provide for the health and safety of
2667	1225		school children and school personnel while under the jurisdiction of
2668	1226		school authorities;
2669	1227		18. Provide for the supervision of the tr ansportation of
2670	1228		pupils;
2671	1229		19. Have authority, upon request of the l ocal school board, to
2672	1230		act in behalf of the public schools of the state in the purchase of
2673	1231		transportation equipment;
2674	1232		20. Have authority and is hereby required to perform all duties
2675	1233		necessary to the administration of the public school s ystem in
2676	1234		Oklahoma as specified in the Oklahoma School Code; and, in addition
2677	1235		thereto, those duties not specifically mentioned herein if not
2678	1236		delegated by law to any other agency or official;
2679	1237		21. Administer the S tate Public Common School Building
2680	1238		Equalization Fund established b y Section 32 of Article X of the
2681	1239		Oklahoma Constitution. Any monies as may be appropriated or
2682	1240		designated by the Legislature, other than ad valorem taxes, any
2683	1241		other funds identified by the St ate Department of Education, which
2684	1242		may include, but not be limited to, grants-in-aid from the federal
2685	1243
2686		-	ENGR. S. B. NO. 758 Page 23 1
	1244	+	SB758 HFLR Page 25
	1245	+	BOLD FACE denotes Committee Amendments. 1
2687	1246		2
2688	1247		3
2689	1248		4
2690	1249		5
2691	1250		6
2692	1251		7
2693	1252		8
2694	1253		9
2695	1254		10
2696	1255		11
2697	1256		12
2698	1257		13
2699	1258		14
2700	1259		15
2701	1260		16
2702	1261		17
2703	1262		18
2704	1263		19
2705	1264		20
2706	1265		21
2707	1266		22
2708	1267		23
2709	1268		24
2710	1269
2711	1270		government for building purposes, the proceeds of all property that
2712	1271		shall fall to the state by escheat, penalties for unlawful holding
2713	1272		of real estate by corporations, and capital gains on assets of t he
2714	1273		permanent school funds, shall be deposited in the State Public
2715	1274		Common School Building Equalization Fund. The fund shall be used to
2716	1275		aid school districts and charter schools in acquiring buildings,
2717	1276		subject to the limitations fixed by Section 32 of Articl e X of the
2718	1277		Oklahoma Constitution. It is hereby declared that the term
2719	1278		“acquiring buildings” as used in Section 32 of Article X of the
2720	1279		Oklahoma Constitution shall mean acquiring or improving school
2721	1280		sites, constructing, repairing, remodeling, or equipping buildings,
2722	1281		or acquiring school furniture, fixtures, or equipment. It is hereby
2723	1282		declared that the term “school districts” as used in Section 32 of
2724	1283		Article X of the Oklahoma Constitution shall mean school district s
2725	1284		and eligible charter schools as defined in subsection B of this
2726	1285		section. The State Board of Education shall disburse redbud school
2727	1286		grants annually from the State Public Common School Building
2728	1287		Equalization Fund to public schools and eligible charter scho ols
2729	1288		pursuant to subsection B of this section. The Board shall
2730	1289		promulgate rules for the implementation of disbursing redbud school
2731	1290		grants pursuant to this section. The State Board of Education shall
2732	1291		prescribe rules for making grants of aid from, and for o therwise
2733	1292		administering, the fund pursuant to the provisions of thi s
2734	1293		paragraph, and may employ and fix the duties and compensation of
2735	1294
2736		-	ENGR. S. B. NO. 758 Page 24 1
	1295	+	SB758 HFLR Page 26
	1296	+	BOLD FACE denotes Committee Amendments. 1
2737	1297		2
2738	1298		3
2739	1299		4
2740	1300		5
2741	1301		6
2742	1302		7
2743	1303		8
2744	1304		9
2745	1305		10
2746	1306		11
2747	1307		12
2748	1308		13
2749	1309		14
2750	1310		15
2751	1311		16
2752	1312		17
2753	1313		18
2754	1314		19
2755	1315		20
2756	1316		21
2757	1317		22
2758	1318		23
2759	1319		24
2760	1320
2761	1321		technicians, aides, clerks, stenographers, attorneys, and other
2762	1322		personnel deemed necessary to carry out the provisions of t his
2763	1323		paragraph. The cost of administering the fund shall be paid f rom
2764	1324		monies appropriated to the State Board of Education for the
2765	1325		operation of the State Department of Education. From monies
2766	1326		apportioned to the fund, the State Department of Education may
2767	1327		reserve not more than one-half of one percent ( 1/2 of 1%) for
2768	1328		purposes of administering the fund;
2769	1329		22. Recognize that the Director of the Oklahoma Department of
2770	1330		Corrections shall be the administrative authority for the schools
2771	1331		which are maintained in the sta te reformatories and shall appoint
2772	1332		the principals and teachers in such schools. Provided, that rules
2773	1333		of the State Board of Education for the classification, inspection,
2774	1334		and accreditation of public schools shall be applicable to such
2775	1335		schools; and such scho ols shall comply with standards set by the
2776	1336		State Board of Educatio n; and
2777	1337		23. Have authority to administer a revolving fund which is
2778	1338		hereby created in the State Treasury, to be designated the
2779	1339		Statistical Services Revolving Fund. The fund shall consist of all
2780	1340		monies received from the various school d istricts of the state , the
2781	1341		United States Government, and other sources for the purpose of
2782	1342		furnishing or financing statistical services and for any other
2783	1343		purpose as designated by the Legislature. The State Board of
2784	1344		Education is hereby authorized to enter i nto agreements with s chool
2785	1345
2786		-	ENGR. S. B. NO. 758 Page 25 1
	1346	+	SB758 HFLR Page 27
	1347	+	BOLD FACE denotes Committee Amendments. 1
2787	1348		2
2788	1349		3
2789	1350		4
2790	1351		5
2791	1352		6
2792	1353		7
2793	1354		8
2794	1355		9
2795	1356		10
2796	1357		11
2797	1358		12
2798	1359		13
2799	1360		14
2800	1361		15
2801	1362		16
2802	1363		17
2803	1364		18
2804	1365		19
2805	1366		20
2806	1367		21
2807	1368		22
2808	1369		23
2809	1370		24
2810	1371
2811	1372		districts, municipalities, the United States Government,
2812	1373		foundations, and other agencies or individuals for services,
2813	1374		programs, or research projects. The Statistical Services Revolvin g
2814	1375		Fund shall be administered in accordance wi th Section 155 of Tit le
2815	1376		62 of the Oklahoma Statutes.
2816	1377		B. 1. The redbud school grants shall be determined by the
2817	1378		State Department of Education as follows:
2818	1379		a. divide the county four-mill levy revenue by four to
2819	1380		determine the nonchargeable county four -mill revenue
2820	1381		for each school district,
2821	1382		b. determine the amount of new revenue generated by the
2822	1383		five-mill building fund levy as authorized by Section
2823	1384		10 of Article X of the Oklahoma Constitution for each
2824	1385		school district as reported in the Oklahoma Cost
2825	1386		Accounting System for the prece ding fiscal year,
2826	1387		c. add the amounts calculated in subparagraphs a and b of
2827	1388		this paragraph to determine the nonchargeable millage
2828	1389		for each school district,
2829	1390		d. add the nonchargeable millage i n each district
2830	1391		statewide as calculated in su bparagraph c of this
2831	1392		paragraph and divide the total by the average daily
2832	1393		membership in public schools statewide based on the
2833	1394		preceding school year’s average daily membership,
2834	1395		according to the provisions of Secti on 18-107 of this
2835	1396
2836		-	ENGR. S. B. NO. 758 Page 26 1
	1397	+	SB758 HFLR Page 28
	1398	+	BOLD FACE denotes Committee Amendments. 1
2837	1399		2
2838	1400		3
2839	1401		4
2840	1402		5
2841	1403		6
2842	1404		7
2843	1405		8
2844	1406		9
2845	1407		10
2846	1408		11
2847	1409		12
2848	1410		13
2849	1411		14
2850	1412		15
2851	1413		16
2852	1414		17
2853	1415		18
2854	1416		19
2855	1417		20
2856	1418		21
2857	1419		22
2858	1420		23
2859	1421		24
2860	1422
2861	1423		title. This amount is the statewide nonchargeab le
2862	1424		millage per student, known as the baseline local
2863	1425		funding per student,
2864	1426		e. all eligible charter schools shall be included in
2865	1427		these calculations as unique school districts,
2866	1428		separate from the school district that may sponsor the
2867	1429		eligible charter school, and the total number of
2868	1430		districts shall be used to determine the statewide
2869	1431		average baseline local funding per student,
2870	1432		f. for each school district or eligible charter school
2871	1433		which is below the baseline local funding per student,
2872	1434		the Department shall subtract the baseline local
2873	1435		funding per student from the average nonchargeable
2874	1436		millage per student of the school district or eligible
2875	1437		charter school to determine the nonchargeable millage
2876	1438		per student shortfall for each district, and
2877	1439		g. the nonchargeable millage per student shortfall for a
2878	1440		school district or eligible charter school shall be
2879	1441		multiplied by the average daily membership of the
2880	1442		preceding school year of the eligible school district
2881	1443		or eligible charter school. This amount shall be the
2882	1444		redbud school grant a mount for the school district or
2883	1445		eligible charter school.
2884	1446
2885		-	ENGR. S. B. NO. 758 Page 27 1
	1447	+	SB758 HFLR Page 29
	1448	+	BOLD FACE denotes Committee Amendments. 1
2886	1449		2
2887	1450		3
2888	1451		4
2889	1452		5
2890	1453		6
2891	1454		7
2892	1455		8
2893	1456		9
2894	1457		10
2895	1458		11
2896	1459		12
2897	1460		13
2898	1461		14
2899	1462		15
2900	1463		16
2901	1464		17
2902	1465		18
2903	1466		19
2904	1467		20
2905	1468		21
2906	1469		22
2907	1470		23
2908	1471		24
2909	1472
2910	1473		2. For fiscal year 2022, monies for the redbud school grants
2911		-	shall be expended from the funds apportioned pursuant to ~~Section 2~~
2912		-	Section 426 of this act Title 63 of the Oklahoma Statutes. ~~For~~
2913		-	fiscal year 2023 and each subsequent ~~fi scal~~ year, monies for the
	1474	+	shall be expended primarily from the funds apportioned pursuant to
	1475	+	Section 2 Section 426 of this act Title 63 of the Oklahoma Statutes.
	1476	+	For fiscal year 2023 and each subsequent fiscal year, monies for the
2914	1477		redbud school grants shall be appropriated pursuant to Section 2 of
2915	1478		this act, not to exceed three-fourths (3/4) of the tax collec ted in
2916	1479		the preceding fiscal year pursuant to S ection 426 of Title 63 of th e
2917	1480		Oklahoma Statutes as determined by the Oklahoma Tax Commission. For
2918		-	fiscal year 2023 and each subsequent fisca l year, if such
2919		-	appropriated funds are insufficient to fund the r edbud school
	1481	+	fiscal year 2023 2024 and each subsequent fisca l year, if such
	1482	+	appropriated funds apportionment combined with related
	1483	+	appropriation, if any, are insufficient to fund the redbu d school
2920	1484		grants, then an additional apportionment of funds shall be made from
2921		-	sales tax collections as provided by subsection D of Section 3 of
2922		-	this act. If both funds are ~~insufficient, the Department shall~~
2923		-	promulgate rules to ~~pe rmit~~ a ~~decrease to the baseline local funding~~
2924		-	per student to the ~~hig hest amount allowed with the funding~~
2925		-	available.
	1485	+	sales tax collections as provided by subsection D of Section 3 1353
	1486	+	of this act Title 68 of the Oklahoma Statutes . If both funds are
	1487	+	insufficient, the Department shall promulgate rules to permit a
	1488	+	decrease to the baseli ne local funding per student to the highest
	1489	+	amount allowed with the funding available.
2926	1490		3. As used in this section, “eligible charter school” shall
2927	1491		mean a charter school which is spons ored pursuant to the provisions
2928	1492		of the Oklahoma Charter School Schools Act. Provided, however,
2929	1493		“eligible charter school” shall not include a charter school
2930	1494		sponsored by the Statewide Virtual Charter School Board but shall
2931	1495		only include those which provide in-person or blended instruction,
2932	1496		as provided by Section 1-111 of this title, to not less than two-
2933	1497
2934		-	ENGR. S. B. NO. 758 Page 28 1
	1498	+	SB758 HFLR Page 30
	1499	+	BOLD FACE denotes Committee Amendments. 1
2935	1500		2
2936	1501		3
2937	1502		4
2938	1503		5
2939	1504		6
2940	1505		7
2941	1506		8
2942	1507		9
2943	1508		10
2944	1509		11
2945	1510		12
2946	1511		13
2947	1512		14
2948	1513		15
2949	1514		16
2950	1515		17
2951	1516		18
2952	1517		19
2953	1518		20
2954	1519		21
2955	1520		22
2956	1521		23
2957	1522		24
2958	1523
2959	1524		thirds (2/3) of students as the primary means of instructional
2960	1525		service delivery.
2961	1526		4. The Department shall develop a program to acknowledge the
2962	1527		redbud school grant recipients and shall include elected members of
2963	1528		the Oklahoma House of Representatives and Oklahoma State Senate who
2964	1529		represent the school districts and eligible char ter schools.
2965	1530		5. The Department shall create a dedicated page on its website
2966	1531		listing annual redbud school grant recipients, amount awarded to
2967	1532		each recipient, and other pertinent information about the Redbud
2968	1533		School Funding Act.
2969	1534		6. The Department shall prov ide the Chair of the House
2970	1535		Appropriations and Budget Committee and the Chair of the Se nate
2971	1536		Appropriations Committee no later than February 1 of each year with
2972	1537		an estimate of the upcoming year’s redbud school grant allocation as
2973	1538		prescribed by this section.
2974		-	SECTION 17. It being immediately necessary for the preservation
	1539	+	SECTION 9. This act shall become effective July 1, 2023.
	1540	+	SECTION 10. It being immediately necessary for the preservation
2975	1541		of the public peace, health or safety, an emergency is hereby
2976	1542		declared to exist, by reason whereof thi s act shall take effect and
2977	1543		be in full force from and after its passage and approval.
2978	1544
2979		-	ENGR. S. B. NO. 758 Page 29 1
2980		-	2
2981		-	3
2982		-	4
2983		-	5
2984		-	6
2985		-	7
2986		-	8
2987		-	9
2988		-	10
2989		-	11
2990		-	12
2991		-	13
2992		-	14
2993		-	15
2994		-	16
2995		-	17
2996		-	18
2997		-	19
2998		-	20
2999		-	21
3000		-	22
3001		-	23
3002		-	24
3003		-
3004		-	Passed the Senate the 21st day of March, 2023.
3005		-
3006		-
3007		-
3008		-	Presiding Officer of the Senate
3009		-
3010		-
3011		-	Passed the House of Representatives the ____ day of _ _________,
3012		-	2023.
3013		-
3014		-
3015		-
3016		-	Presiding Officer of the House
3017		-	of Representatives
3018		-
3019		-
	1545	+	COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS AN D BUDGET, dated
	1546	+	04/17/2023 - DO PASS, As Amended.