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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 2941 By: Wallace and Martinez of the
House
and
Thompson (Roger) and Hall
of the Senate
COMMITTEE SUBSTITUTE
An Act relating to the Oklahoma Arts Council; making
an appropriation; identifying source; establishing
amount; providing purpose; requiring and limiti ng the
utilization of funds; creating certain special
account; limiting duration of account; requiring
certain determination; providing and limiting the
nature of account and funds within account;
authorizing agency to submit request for certain
deposit or transfer; requiring certain complianc e and
verification; authorizing certain memorandums of
understanding; limiting scope; prohibiting certain
memoranda terms; authorizing and limiting the
promulgation of rules and utilization of procedures;
authorizing and limiting the retention of monies fo r
administration costs; requiring certain reports and
submissions to certain entities; requiring appearance
before certain joint committee; limiting duration of
certain requirements; providing determination
process; providing for noncodification ; and declaring
an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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SECTION 1. NEW LAW A new section of law not to be
codified in the Oklahoma Statutes reads as follows:
There is hereby appropriated to the Oklahoma A rts Council from
any monies not otherwise appropriated from the Statewide Recovery
Fund of the State Treasury created in Enrolled House Bill No. 3349
from the 2nd Session of the 58th L egislature, the sum of Ten Million
Dollars ($10,000,000.00) or so much t hereof as may be necessary to
address the negative economi c impacts of the pandemic by providing
assistance to impacted nonprofit organizations. Such funds shall be
utilized in a manner consistent with the recommendat ions adopted by
the Joint Committee on Pandemic Relief Funding on September 20,
2022.
SECTION 2. NEW LAW A new section of law not to be
codified in the Oklahoma Statutes reads as follows:
A. There is hereby created in the State Tre asury a Statewide
Recovery Special Acc ount for the Oklahoma Arts Council. The
duration of such accounts shall continue for the period of time that
monies related to the Americ an Rescue Plan Act of 2021 are being
budgeted, expended, or managed in the state . The ending of such
period shall be determined by the State Treasurer and shall result
in the closing of such accounts as a matter of law. Such accounts
shall be continuing ac counts as otherwise provided in this section,
not subject to fiscal year limita tions, and shall exclusively
consist of monies related to the relevant appropriations made in
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this act and as otherwise directed by law. All monies deposited to
the credit of such accounts are hereby appropriated and may be
budgeted and expended by the Ok lahoma Arts Council in accordance
with the provisions of this act. Expenditures from such accounts
shall be made upon warrants issued by the State Treasurer against
claims filed as prescribed by law with the Director of the Office of
Management and Enterp rise Services for approval and payment .
B. The Oklahoma Arts Council is authorized to request in
writing that the monies appropriated by the provisions of this act
be deposited or transferred to the accounts created pursuant to
subsection A of this sectio n. No later than seven (7) calendar d ays
from the date of such request, the Director of the Office of
Management and Enterprise Services shall comply with such request
and verify to the requesting agency that such deposit or transfer
has been completed.
SECTION 3. NEW LAW A new section of law not to be
codified in the Oklahoma Statu tes reads as follows:
The Oklahoma Arts Council may enter into memorandums of
understanding with other agencies of the State of Oklahoma for the
auditing, documentation, evaluation, implement ation, oversight,
reporting, and management of funds and associat ed efforts related to
the appropriations made in this act; provided, that no such
memorandum of understanding shall require or include, as an option
or condition, the direct or practical tran sfer or relinquishment of
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control by the agency appropriated such funds to budget, expend,
allocate, and request the distribution of the funds appropriated by
this act.
SECTION 4. NEW LAW A new section of law not to be
codified in the Oklahoma Statutes reads as follows:
The Oklahoma Arts Council may promulgate rules, utilize existing
rules, establish procedures, an d utilize existing procedures to
implement the provisions of this act; provided, su ch rules and
procedures do not conflic t with or impede the provisions of this
act.
SECTION 5. NEW LAW A new section of law not to be
codified in the Oklahoma Statutes reads as follows:
The Oklahoma Arts Council shall retain no more than two percent
(2%) of the funds app ropriated by this act to reimburse:
1. Costs incurred by the Ok lahoma Arts Council; or
2. Costs incurred on the agency 's behalf, associated with the
administration of the appropriated funds and programming required by
the Oklahoma Arts Council under the pr ovisions of this act;
provided, that no funds shall be retained that would be disallowable
under the provisions of the American Rescue Plan Act of 2021.
SECTION 6. NEW LAW A new section of law n ot to be
codified in the Oklahoma Stat utes reads as follows:
A. The Oklahoma Arts Council shall:
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1. Submit to the Chairs of the Joint Committee on Pandemic
Relief Funding, or any successor Senate legislative or House of
Representatives legislative commit tee or joint committee, as
designated by the President Pro Tempore of the Oklahoma State Senate
and the Speaker of the Oklahoma House of Representatives:
a. a written or electronic quarterly report detailing the
budgeting, expenditure, and management of al l monies
appropriated in this act, and
b. a copy of all memorandums of understanding and
contracts with third parties entered into by the
Oklahoma Arts Council to f acilitate, assist, or
administer powers and duties provided to the Oklahoma
Arts Council under the provisions of this act; and
2. At the Joint Committee on Pandemic Relief Funding 's request,
appear before the Joint Committee no later than six (6) months af ter
the effective date of this act, and as otherwise requested by the
Joint Committee to pr ovide a status update regarding the
implementation of the provisions of this act.
B. The provisions of subsec tion A of this section shall remain
applicable for the p eriod of time that monies appropriated under
this act are being budgeted, expended, or man aged in the state. The
ending of such period shall be determined by the State Treasurer,
and shall be reporte d to the Governor, President Pro Tempore of the
Senate, and the Speaker of the House of Representatives.
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SECTION 7. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage an d approval.
59-1-8393 MKS 05/16/23