Oklahoma 2024 Regular Session

Oklahoma House Bill HB1349 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	An Act
2		-	ENROLLED HOUSE
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	3	+	ENGR. S. A. TO ENGR. H. B. NO. 1349 Page 1 1
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	28	+	ENGROSSED SENATE AMENDMENT
	29	+	TO
	30	+	ENGROSSED HOUSE
	31	+	BILL NO. 1349 By: Fetgatter of the House
	32	+
	33	+	and
	34	+
	35	+	Garvin of the Senate
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	37	+
	38	+
	39	+
	40	+	[ medical marijuana - Oklahoma Medical Marijuana
	41	+	Authority Board - Oklahoma Medical Marijuana
	42	+	Authority - Oklahoma Open Meeting Act - Oklahoma
	43	+	Open Records Act - Administrative Procedures Act –
	44	+	codification - effective date ]
	45	+
	46	+
	47	+
	48	+
	49	+	AMENDMENT NO. 1. Page 1, strike the stricken title, enacting clause
	50	+	and entire bill and insert
	51	+
	52	+
	53	+	“An act relating to medical marijuana; creating the
	54	+	Oklahoma Medical Marijuana Authority Executive
	55	+	Advisory Council; providing for appointments to the
	56	+	Council; authorizing Executive Director of the
	57	+	Oklahoma Medical Marijuana Authority to be chair;
	58	+	requiring the Authority to provide staff and support;
	59	+	prescribing terms of office; imposing quorum
	60	+	requirements for taking official actions; providing
	61	+	exemption from certain prohibition; stating powers
	62	+	and duties of the Advisory Council; requiring
	63	+	Advisory Council to produce certain report; providing
	64	+	for reimbursement of exp enses pursuant to the State
	65	+	Travel Reimbursement Act; authorizing meetings;
	66	+	prescribing minimum number of meetings; stating
	67	+	manner by which vacancies on the Board shall be
	68	+	filled; providing for applicability of Oklahoma Open
	69	+	Meeting Act, Oklahoma Open Reco rds Act, and
	70	+
	71	+	ENGR. S. A. TO ENGR. H. B. NO. 1349 Page 2 1
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	96	+	Administrative Procedures Act; providing for
	97	+	codification; and providing an effective date.
	98	+
	99	+
	100	+
	101	+
	102	+	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
	103	+	SECTION 1. NEW LAW A new section of law to be codified
	104	+	in the Oklahoma Statutes as Section 427.27 of Title 63, unless there
	105	+	is created a duplication in numbering, reads as follows:
	106	+	A. There is hereby created the Oklahoma Medical Marijuana
	107	+	Authority Executive Advisory Council.
	108	+	B. The Oklahoma Medical Marijuana Authority Ex ecutive Advisory
	109	+	Council shall consist of the following members and all appointees
	110	+	shall serve their terms at the pleasure of the appointing authority
	111	+	and may be removed or replaced without cause:
	112	+	1. One member appointed by the Governor to represent all
	113	+	citizens of this state;
	114	+	2. One member appointed by the Speaker of the House of
	115	+	Representatives who shall be a citizen from a county with a
	116	+	population under twenty -five thousand (25,000) persons, as
	117	+	determined by the latest Federal Decennial Census;
	118	+	3. One member appointed by the President Pro Tempore of the
	119	+	Senate who shall be a citizen from a municipality with a population
	120	+	in excess of seventy -five thousand (75,000) persons, as determined
	121	+	by the latest Federal Decennial Census;
	122	+
	123	+	ENGR. S. A. TO ENGR. H. B. NO. 1349 Page 3 1
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	148	+	4. One member who is a cur rent medical marijuana business
	149	+	license holder appointed by the Speaker of the House of
	150	+	Representatives;
	151	+	5. One member who is a current medical marijuana business
	152	+	license holder appointed by the President Pro Tempore of the Senate;
	153	+	and
	154	+	6. One member appointed by the Governor who holds a medical
	155	+	marijuana patient license.
	156	+	C. The Executive Director of the Oklahoma Medical Marijuana
	157	+	Authority shall chair the Advisory Council and provide staff and
	158	+	administrative support to the Advisory Council.
	159	+	D. The Advisory Council shall select a co -chair from the
	160	+	membership of the Advisory Council.
	161	+	E. Each member of the Advisory Council shall serve a term of
	162	+	four (4) years from the date of appointment. Members of the
	163	+	Advisory Council shall not serve more than two conse cutive terms.
	164	+	F. A majority of the members of the Advisory Council shall
	165	+	constitute a quorum for the transaction of business and for taking
	166	+	any official action. Official action of the Advisory Council must
	167	+	have a favorable vote by a majority of the membe rs present.
	168	+	G. Appointed members who serve on the Advisory Council shall be
	169	+	exempt from dual-office-holding prohibitions pursuant to Section 6
	170	+	of Title 51 of the Oklahoma Statutes.
	171	+
	172	+	ENGR. S. A. TO ENGR. H. B. NO. 1349 Page 4 1
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	197	+	H. The Advisory Council may advise the Authority of recommended
	198	+	changes to state policy, rules, or statutes.
	199	+	I. The Advisory Council shall prepare and issue a report of its
	200	+	findings and recommendations electronically to the Governor,
	201	+	President Pro Tempore, and Speaker of the House by November 1, 2025,
	202	+	and each year thereafter no later than November 1 of each year.
	203	+	J. Members appointed pursuant to subsection B of this section
	204	+	shall serve without compensation but shall be reimbursed for
	205	+	expenses incurred in the performance of their duties in accordance
	206	+	with the State Travel Reim bursement Act.
	207	+	K. The Oklahoma Medical Marijuana Authority Executive Advisory
	208	+	Council shall meet as often as necessary to conduct business but
	209	+	shall meet not less than four times a year, with an organizational
	210	+	meeting to be held prior to January 1, 2025.
	211	+	L. Any vacancy occurring on the Oklahoma Medical Marijuana
	212	+	Authority Executive Advisory Council shall be filled for the
	213	+	unexpired term of office in the same manner as provided for in
	214	+	subsection B of this section.
	215	+	M. The Advisory Council shall act in acco rdance with the
	216	+	provisions of the Oklahoma Open Meeting Act, the Oklahoma Open
	217	+	Records Act, and the Administrative Procedures Act.
	218	+	SECTION 2. This act shall become effective November 1, 2024. ”
	219	+
	220	+
	221	+	ENGR. S. A. TO ENGR. H. B. NO. 1349 Page 5 1
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	246	+	Passed the Senate the 25th day of April, 2024.
	247	+
	248	+
	249	+
	250	+	Presiding Officer of the Senate
	251	+
	252	+
	253	+	Passed the House of Representatives the ____ day of __________,
	254	+	2024.
	255	+
	256	+
	257	+
	258	+	Presiding Officer of the House
	259	+	of Representatives
	260	+
	261	+	ENGR. H. B. NO. 1349 Page 1 1
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	286	+	ENGROSSED HOUSE
3	287		BILL NO. 1349 By: Fetgatter of the House
4	288
5	289		and
6	290
7	291		Garvin of the Senate
8	292
9	293
10	294
11	295
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13		-	An Act relating to medical marijuana; creating the
14		-	Oklahoma Medical Marijuana Authority Executive
15		-	Advisory Council; providing for appointments to the
16		-	Council; authorizing Executive Director of the
17		-	Oklahoma Medical Marijuana Authority to chair the
18		-	Advisory Council; requiring the Executive Director to
19		-	provide staff and support; prescribing term s of
20		-	office; imposing quorum requirements for taking
21		-	official actions; prov iding exemption from certai n
22		-	prohibition; stating powers and duties of the
23		-	Advisory Council; requiring Advisory Council to
24		-	produce certain report; providing for reimbursement
25		-	of expenses pursuant to the State Travel
26		-	Reimbursement Act; authorizing meetings; prescribing
27		-	minimum number of meetings; stating manner by which
28		-	vacancies on the Board shall be filled; providing for
29		-	applicability of Oklahoma Open Meeting Act, Oklahoma
30		-	Open Records Act, and Administrative Procedures Act;
31		-	providing for codification; and providing an
32		-	effective date.
	297	+
	298	+	[ medical marijuana - Oklahoma Medical Marijuana
	299	+	Authority Board - Oklahoma Medical Marijuana
	300	+	Authority - Oklahoma Open Meeting Ac t - Oklahoma
	301	+	Open Records Act - Administrative Procedures Act –
	302	+	codification - effective date ]
33	303
34	304
35	305
36	306
37		-	SUBJECT: Medical marijuana
	307	+	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLA HOMA:
	308	+	SECTION 3. NEW LAW A new section of law to be codified
	309	+	in the Oklahoma Statut es as Section 427.26 of Title 63, unless there
	310	+	is created a duplication in numbering, reads as follows:
	311	+	A. There is hereby created the Oklahoma Medical Marijuana
	312	+	Authority Board.
	313	+	B. The Oklahoma Medical Marijuana Author ity Board shall consist
	314	+	of the following members and all appointee s shall serve their terms
	315	+	at the pleasure of the appointing authority and may be removed or
	316	+	replaced without cause:
38	317
39		-	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
	318	+	ENGR. H. B. NO. 1349 Page 2 1
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41		-	SECTION 1. NEW LAW A new section of law to be codified
42		-	in the Oklahoma Statutes as Section 427.27 of Title 63, unle ss there
43		-	is created a duplication in numbering, reads as follows:
	343	+	1. One member appointed by the Governor who shall be a chief of
	344	+	police of a municipality with a population over one hundred thousand
	345	+	(100,000), as determined by the latest Federal Decennial Census;
	346	+	2. One member appointed by the Governor who shall be a sheriff
	347	+	of a county with a population under twenty -five thousand (25,000),
	348	+	as determined by the latest Feder al Decennial Census;
	349	+	3. One member who is a district attorney appointed by the
	350	+	Governor selected from a list submitted by the District Attorneys
	351	+	Council;
	352	+	4. One member who is a licensed physician appointed by the
	353	+	Governor selected from a list su bmitted by the State Board of
	354	+	Medical Licensure and Supervision;
	355	+	5. One member who is a licensed medical marijuana commercial
	356	+	grower appointed by the Governor selected from a list submitted by
	357	+	the Oklahoma Medical Marijuana Authority;
	358	+	6. One member who is a licensed medical marijuana processor
	359	+	appointed by the Speaker of the Oklahoma House of Representatives
	360	+	selected from a list submitted by the Oklahoma Medica l Marijuana
	361	+	Authority;
	362	+	7. One member who is a licensed medical marijuan a dispensary
	363	+	owner appointed by the Speaker of the Oklahoma House of
	364	+	Representatives selected from a list submitted by the Oklahoma
	365	+	Medical Marijuana Auth ority;
44	366
45		-	A. There is hereby created the Oklahoma Medical Marijuana
46		-	Authority Executive Advisory Council. ENR. H. B. NO. 1349 Page 2
	367	+	ENGR. H. B. NO. 1349 Page 3 1
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47	391
48		-	B. The Oklahoma Medical Marijuana Authority Ex ecutive Advisory
49		-	Council shall consist of th e following members, and all appointees
50		-	shall serve their terms at the pleasure of the appointing authority
51		-	and may be removed or replaced without cause:
	392	+	8. One member who is a licensed medical marijuana transporter
	393	+	appointed by the President Pro T empore of the Oklahoma State Senate
	394	+	selected from a list submitted by the Oklahoma Medical Marijuana
	395	+	Authority; and
	396	+	9. One member who is a licensed medic al marijuana testing
	397	+	laboratory owner appointed by the President Pro Tempore of the
	398	+	Oklahoma State Senate selected from a list su bmitted by the Oklahoma
	399	+	Medical Marijuana Authority.
	400	+	C. Each member of the Oklahoma Medical Marijuana A uthority
	401	+	Board shall serve a term of four (4) years from the date of
	402	+	appointment. Members of the Board shall not serve more than two
	403	+	consecutive terms. The Executive Director of the Oklahoma Medical
	404	+	Marijuana Authority shall be an ex officio member of th e Board, but
	405	+	shall be entitled to vote only in case of a tie vote.
	406	+	D. A chair and vice -chair shall be elected annually from the
	407	+	membership of the Okl ahoma Medical Marijuana Aut hority Board. A
	408	+	majority of the members of the Board shall constitute a quor um for
	409	+	the transaction of business and for taking any official action.
	410	+	Official action of the Board must have a favorable vote by a
	411	+	majority of the memb ers present.
	412	+	E. Appointed members who serve on the Board shall be exempt
	413	+	from dual-office-holding prohibitions pursuant to Secti on 6 of Title
	414	+	51 of the Oklahoma Statutes.
52	415
53		-	1. One member appointed by the Governor to represent all
54		-	citizens of this state;
	416	+	ENGR. H. B. NO. 1349 Page 4 1
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56		-	2. One member appointed by the Speaker of the Oklahoma House of
57		-	Representatives, who shall be a citizen from a county with a
58		-	population under twenty -five thousand (25,000) persons, as
59		-	determined by the latest Federal Decennial Census;
60		-
61		-	3. One member appointed by the Presi dent Pro Tempore of the
62		-	Oklahoma State Senate, who shall be a citizen from a municipality
63		-	with a population in excess of seventy -five thousand (75,000)
64		-	persons, as determined by the latest Federal Decennial Census;
65		-
66		-	4. One member appointed by the Spe aker of the Oklahoma House of
67		-	Representatives, who is a current medical marijuana business license
68		-	holder;
69		-
70		-	5. One member appointed by the President Pro Tempore of the
71		-	Oklahoma State Senate, who is a current medical marijuana business
72		-	license holder; and
73		-
74		-	6. One member appointed by the Governor , who holds a medical
75		-	marijuana patient licen se.
76		-
77		-	C. The Executive Director of the Oklahoma Medical Marijuana
78		-	Authority shall chair the Advisory Council and provide staff and
79		-	administrative support to the Advisory Counc il.
80		-
81		-	D. The Advisory Council shall select a co -chair from the
82		-	membership of the Advisory Council.
83		-
84		-	E. Each member of the Advisory Council shall serve a term of
85		-	four (4) years from the date of appointment. Members of the
86		-	Advisory Council shall not serve more than two consecutive terms.
87		-
88		-	F. A majority of the members of the Advisory C ouncil shall
89		-	constitute a quorum for the transaction of business and for taking
90		-	any official actions. Official actions by the Advisory Council
91		-	shall have a favorable vote by a majority of the membe rs present. ENR. H. B. NO. 1349 Page 3
92		-
93		-	G. Appointed members who serve on the Advisory Council shall be
94		-	exempt from dual-office-holding prohibitions pursuant to Section 6
95		-	of Title 51 of the Oklahoma Statutes.
96		-
97		-	H. The Advisory Council may advise the Authority of recommended
98		-	changes to state policy, rules, or statutes.
99		-
100		-	I. The Advisory Counc il shall prepare and issue a report of its
101		-	findings and recommendations electronically to the Governor,
102		-	President Pro Tempore of the Senate, and Speaker of the House by
103		-	November 1, 2025, and no later than November 1 of each year
104		-	thereafter.
105		-
106		-	J. Members appointed pursuant to subsection B of this section
	441	+	F. The Oklahoma Medical Marijuana Authority Board shall be the
	442	+	rulemaking body for the Oklahoma Medical Mariju ana Authority and
	443	+	shall have the power and duty to:
	444	+	1. Establish the policie s of the Oklahoma Medical Marijuana
	445	+	Authority; and
	446	+	2. Adopt and promulgate rules as necessary and appropriate to
	447	+	carry out the duties and responsibilit ies of the Oklahoma Medical
	448	+	Marijuana Authority.
	449	+	G. Members appointed pursuant to subsection B of thi s section
107	450		shall serve without compensation but shall be reimbursed for
108	451		expenses incurred in the performance of their duties in ac cordance
109	452		with the State Travel Reimbursement Act.
	453	+	H. The Oklahoma Medical Marijuana Authority Board shall meet as
	454	+	often as necessary to conduct business but shall meet not less than
	455	+	four times a year, with an organizational meeting to be held prior
	456	+	to January 1, 2024. In addition, special meetings may b e called by
	457	+	the Executive Director of the Oklahoma Medical Marijuana Authori ty.
	458	+	I. Any vacancy occurrin g on the Oklahoma Medical Marijuana
	459	+	Authority Board shall be filled for the unexpired term of office i n
	460	+	the same manner as pr ovided for in subsection B of this section.
	461	+	J. The Oklahoma Medical Marijuana Authority shall provid e
	462	+	clerical staff to perform de signated duties of the Oklahoma Medical
	463	+	Marijuana Authority Board. The Oklahoma Medical Marijuana Aut hority
	464	+	shall also provide space for meetings of the Board.
110	465
111		-	K. The Oklahoma Medical Marijuana Author ity Executive Advisory
112		-	Council shall meet as often as necessary to conduct business but
113		-	shall meet not less than four times a year, with an organizational
114		-	meeting to be held prior to January 1, 2025.
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116		-	L. Any vacancy occurring on the Oklahoma Medical Marij uana
117		-	Authority Executive Advisory Council shall be filled for the
118		-	unexpired term of office in the same manner as provided for in
119		-	subsection B of this section.
	491	+	K. The Oklahoma Medical Marijuana Authority Board shall act in
	492	+	accordance with the provisions of the Oklahoma Open Meeting Act, the
	493	+	Oklahoma Open Records Act and the Administrative Procedures Act.
	494	+	SECTION 4. This act shall become effective November 1, 2023.
	495	+	Passed the House of Representatives the 13th day of March, 2023.
120	496
121		-	M. The Advisory Council shall act in acco rdance with the
122		-	provisions of the Oklahoma Open Meetin g Act, the Oklahoma Open
123		-	Records Act, and the Administrative Procedures Act.
124		-
125		-	SECTION 2. This act shall become effective November 1, 2024.
126		-
127		-
128		-
129		-	ENR. H. B. NO. 1349 Page 4
130		-	Passed the House of Representatives the 14th day of May, 2024.
131	497
132	498
133	499
134	500		Presiding Officer of the House
135	501		of Representatives
136	502
137	503
	504	+	Passed the Senate the ___ day of __________, 2023.
138	505
139		-	Passed the Senate the 25th day of April, 2024.
140	506
141	507
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143	509		Presiding Officer of the Senate
144	510
145	511
146	512
147		-	OFFICE OF THE GOVERNOR
148		-	Received by the Office of the G overnor this ____________________
149		-	day of ___________________, 20_______, at _______ o'clock _______ M.
150		-	By: _________________________________
151		-	Approved by the Governor of the State of Oklahoma this _____ ____
152		-	day of ___________________, 20_______, at _______ o'clock _______ M.
153		-
154		-
155		-	_________________________________
156		-	Governor of the State of Okl ahoma
157		-
158		-	OFFICE OF THE SECRETARY OF STATE
159		-	Received by the Office of the Secretary of State this __________
160		-	day of ___________________, 20_______, at _______ o'clock _______ M.
161		-	By: _________________________________