HB4013 HFLR Page 1 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 HOUSE OF REPRESENTATIVES - FLOOR VERSION STATE OF OKLAHOMA 2nd Session of the 59th Legislature (2024) HOUSE BILL 4013 By: McBride and Menz of the House and Pugh of the Senate AS INTRODUCED [ Higher Education Capital Financing Act - Higher Education Capital Needs Evaluation Committee - annual reporting - Higher Education Capital Needs Five-Year Forecast - Higher Education Capital Financing Fund - budgeting procedures - memoranda of understanding - legal status - apportionment of income tax collections - powers and duties of the Oklahoma State Regents for Highe r Education - dual office holding exemption – noncodification – codification - effective date ] BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 1. NEW LAW A new section of law not to be codified in the Oklahoma Statutes reads as foll ows: HB4013 HFLR Page 2 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 This act shall be known and may be cited as the "Higher Education Capital Financing Act". SECTION 2. NEW LAW A new section of law to be cod ified in the Oklahoma Statutes as Sectio n 2244 of Title 70, unless there is created a duplication in numbering, reads as follows: A. There is hereby created the Oklahoma State System of Higher Education Capital Needs Evaluation Committee. B. The Committee shall consist of the following persons: 1. Three (3) persons to be appointed by the Governor; 2. One person to be appointed by the S peaker of the Oklahoma House of Representatives, who shall have at least ten (10) years demonstrated experience in the construction industry, whether as a general contractor or a combination of experience as a general contractor along with other constructi on-related experience; 3. One person to be appointed by the P resident Pro Tempore of the Oklahoma State S enate, who shall have at least ten (10) years demonstrated experience in the construction industry, wh ether as a general contractor or a combination of experience as a general contractor along with other construction -related experience; 4. One person to be appoint ed by the Board of Regents of the University of Oklahoma; 5. One person to be appoint ed by the Board of Regents of Oklahoma State University ; HB4013 HFLR Page 3 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 6. One person to be appointed by the Board of Regents for the Regional University System of Oklahoma ; and 7. One person to be appointed by the board of regents for non- system-affiliated public colleges . C. The Committee shall be authorized to meet as often as required in order to perform the duties imposed upon it pursuant to law. The Committee shall select from among its membership a chair and co-chair. A majority of the members of the Committee shall be required to give final approval to the list of capital projects for each funding period as prescribed by subsection D of this section. D. The Committee shall evaluate the capital requirements fo r The Oklahoma State System of Higher Education each year and shall establish a schedule for the projects and make recommendations to the Governor and to the Legislat ure according to the provisions of subsection E of this section. E. Beginning December 31, 2 024, and no later than December 31 each year thereafter, the Higher Education Capital Needs Evaluation Committee shall submit in written or electronic format to the Governor, the Speaker of the Oklahoma House of Representatives, the President Pro Tempore of the Oklahoma State Senate, the Appropriations and Budget Chair of the Oklahoma House of Representatives, and the Appropriation s Chair of the Oklahoma State Senate an annual report on the infrastructure and construction n eeds of The Oklahoma State System of Higher Education. The annual report HB4013 HFLR Page 4 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 shall be known and may be cited as the Higher Education Capita l Needs Five-Year Forecast, and shall include: 1. Infrastructure and construct ion projects listed in or der of priority and critical need; 2. Cost estimates for each specific project listed in paragraph 1 of this subsection; 3. Completion timeline for ea ch specific project listed in paragraph 1 of this subsection ; and 4. A summary of the status of pr ojects previously funded and currently being funded pursuant to the provisions of the Higher Education Capital Financing Act. F. Each funding cycle beginning with the report submitted not later than December 31, 2024, shall provide an allocation of Two Hundred Million Dollars ($200,000,000.00) for the capital projects submitted for approval by the Committee. SECTION 3. NEW LAW A new se ction of law to be codifie d in the Oklahoma Statutes as Section 188B of Title 73, unless there is created a duplication in numbering, reads as follows: There is hereby created in the State Treasury a revolvin g fund for the Oklahoma Capitol Improvement Auth ority to be designated the "Higher Education Capital Financing Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies received by the Oklah oma Capitol Improvement Authority eligible under law an d directed for deposit. All monies HB4013 HFLR Page 5 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 accruing to the credit of said fund are hereby appropriated and may be budgeted and expended by the Oklahoma Capitol Improve ment Authority for capital projects specifically and exclusively as authorized by law. Such budgeting and expenditure sha ll strictly adhere to the specific terms, limitat ions, purposes, and requirements described in such authorizations and in this act. Expenditures from said fund shall be made upon warrants issued by the State Treasurer against cla ims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment. SECTION 4. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 188C of Title 73, unless there is created a duplication in numbering, reads as follows: A. The Oklahoma Capitol Improv ement Authority shall be authorized to enter into memor anda of understanding with the Oklahoma State Regents for Higher Education as provided by law and with the board of regents for non-system-affiliated public colleges and as deemed necessary by the Authority to admini ster expenditures from and deposits to the Higher Education Capital Financing Fund; provided that such memoranda of understanding do not conflict with or impede the administration of capital projects specifically authorized by law. Such memoranda of under standing shall not constitute a legal obligation of the State of Oklahoma. HB4013 HFLR Page 6 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 B. Limited to the extent required for projects specifically authorized through the Higher Education Capital Financing Act, the Oklahoma Capitol Improv ement Authority shall be autho rized to: 1. Acquire real property t ogether with improvement s located thereon and personal property; 2. Provide for the construction o f improvements to real property and provide funding for repairs, refurbishments, and improvements to real and personal p roperty; 3. Hold title to propert y and improvements as necessary to comply with legal directives and authorizations; and 4. Lease, transfer, and otherwise legall y dispose of property and improvements as necessary to comply wi th legal directives and authorizations. C. No later than January 15 annually, the Oklahoma Capitol Improvement Authority shall submit electronically to the Governor , the Speaker of the Oklaho ma House of Representatives, the President Pro Tempore of the Oklahoma State Senate, the Appr opriations and Budget Chair of the Oklahoma House of Representatives, and the Appropriations Chair of the Oklahoma State Senate a report detailing impacts to the balance of the Higher Education Capital Financing Fund occurring in the prior calendar year, i ncluding, but not limited to, all distributions, expenditures, collections, deposits, and investment returns of the Higher Education Capital Financing Fund. HB4013 HFLR Page 7 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 SECTION 5. AMENDATORY 68 O.S. 2021, Section 2352, is amended to read as f ollows: Section 2352. It is hereby declared to be the purpose of Section 2351 et seq. of this title to provide revenue for gen eral governmental functions of state government; and, for that purpose and to that end, it is expressly declared that the revenue derived herefrom and penalties and interest thereon, subject to the apportionment requirements for the Rebuilding Oklahoma Acc ess and Driver Safety Fund, the Okla homa Tourism and Passenger Rail Revolving Fund, the P ublic Transit Revolving Fund and the Education Reform Revolving Fund to be derived from income tax revenue that would otherwise be apportioned to the General Revenue Fund as provided by Section 1521 of T itle 69 of the Oklahoma St atutes, subject to the apportionment requirements for the Oklahoma Tax Commission and Office of Management and Enterprise Services Joint Computer Enhancement Fund provided by Section 265 of thi s title, and subject to the apportion ment requirements for the Oklahoma State Capitol Building Repair and Restoration Fu nd provided by Section 19 of Title 73 of the Oklahoma Statutes, shall be distributed as follows: 1. For the fiscal year beginning July 1, 2002, the first Five Million Eight Hundred Thousand Dollars ($5,800,000.00) of revenue derived pursuant to the provisions of subsections A, B and E of Section 2355 of this title shall be apportioned to the Education HB4013 HFLR Page 8 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Reform Revolving Fund; and for the fiscal year beginning July 1, 2024, and for each of the four (4) succeeding fiscal years, the sum of Two Hundred Million Dollars ($200,000,000.00) shall be apportioned to the Higher Education Capital Financing Fund, created pursuant to Section 3 of this act, provided that such amount may be deposited to the fund in equal installments over the course of the fiscal year. The remainder of such revenue for the fiscal year beginning July 1, 2002, and all such revenue for each fiscal year thereafter shall be apportioned monthly as follows: a. the following amounts shall be paid to the State Treasurer to be placed to the credit of the Gen eral Revenue Fund of the state for such fisc al year for the support of the state government to be paid out only pursuant to appropriation by the Legislature: Fiscal Year Amount FY 2003 and FY 2004 87.12% FY 2005 86.91% FY 2006 86.66% FY 2007 86.16% FY 2008 through FY 2022 85.66% FY 2023 through FY 2 027 85.41% FY 2028 and each fiscal year thereafter 85.66% Of the funds apportioned to the General Revenue Fund pursuant to this subparagraph, until the expiration of HB4013 HFLR Page 9 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 the Filmed in Oklahoma Act of 2021 as provided in Section 11 of this act, Thirty Million Dollars ($30,000,000.00) shall be transferred to the Oklahoma Tax Commission for deposit in the Filmed in Oklahoma Program Revolving Fund, b. the following amount s shall be paid to the State Treasurer to be placed to the credit of the Education Reform Revolving Fund of the State Department of Education: (1) for FY 2003 through FY 2020, eight and thirty- four one-hundredths percent (8.34%), (2) for FY 2021: (a) for the month beginning July 1, 2020, through the month ending August 31, 2020, eight and thirty-four one-hundredths percent (8.34%), and (b) for the month beginning September 1, 2020, through the month ending June 30, 2021, nine and eighty-four one-hundredths percent (9.84%), (3) for FY 2022 and each fiscal year thereafter, eight and thirty-four one-hundredths percent (8.34%) shall be paid to the State Treasurer to HB4013 HFLR Page 10 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 be placed to the credit of the E ducation Reform Revolving Fund, c. the following amounts shall be paid to the State Treasurer to be placed to the credit of the Teachers' Retirement System Dedi cated Revenue Revolving Fund: Fiscal Year Amount FY 2003 and FY 2004 3.54% FY 2005 3.75% FY 2006 4.0% FY 2007 4.5% FY 2008 through FY 2020 5.0% FY 2021: (1) for the month beginning July 1, 2020, through the month ending August 31, 2020 5.0% (2) for the month beginning September 1, 2020, through the month ending June 30, 2021 3.5% FY 2022 5.0% FY 2023 through FY 2027 5.25% FY 2028 and each fiscal year thereafter 5.0% HB4013 HFLR Page 11 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 d. for FY 2003 and each fiscal year the reafter, one percent (1%) shall be placed to the cred it of the Ad Valorem Reimbursement Fund; 2. Beginning July 1, 2003, for any period of ti me as certified by the Oklahoma Development Finance Authority a nd the Oklahoma Department of Commerce to be necess ary for the repayment of obligations issued by the Ok lahoma Development Finance Authority pursuant to Section 3654 of this title if the other sources of revenue paid to or apportioned to the Quality Jobs P rogram Incentive Leverage Fund are not adequate including the proceeds from payment pursuant to the guar anty required by subsection M of Section 3654 of this title, an amount certified by the Oklahoma Development Finance Authority to the Oklahoma Tax Comm ission shall be apportioned to the Quality Jobs Program Incentive Leverage Fund before any other apportionments are made as otherwise authorized by this paragraph. The Oklahoma Development Fin ance Authority shall certify to the Oklahoma Tax Commission the time as of which the revenue authorized for apportionment pursuant to this paragraph is no longer requir ed. After the certification, the revenue derived from the income tax shall be apportioned in the manner otherwise provided by this section. Except as otherwise provided by this paragraph, for the fiscal year beginning July 1, 2002, the first Forty -one Million One Hundred Ninety Thousand Eight Hundred Dollars ($41,190,800.00) of revenue derived pursuant to the provisions of subsections D and E of HB4013 HFLR Page 12 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Section 2355 of this title shall be apportioned to the Ed ucation Reform Revolving Fund. The remainder of such revenue for the fiscal year beginning July 1, 2002, and all such revenue for each fiscal year thereafter, subject to the apportionment requirements for the Oklahoma Tax Commission and Office of Manageme nt and Enterprise Services Joint Computer Enhancement Fund provided by Section 265 of this title, shall be apportioned monthly as follows: a. the following amounts shall be paid to the State Treasurer to be placed to the credit of the General Revenue Fund of the state for such fiscal year for the support of the state government to be paid out only pursuant to appropriation by the Legislature: Fiscal Year Amount FY 2003 and FY 2004 78.96% FY 2005 78.75% FY 2006 78.50% FY 2007 78.0% (1) (a) FY 2018 through FY 2022 until the apportionment to the General Revenue F und equals the moving five- year average amount for corporate income tax as HB4013 HFLR Page 13 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 prescribed by paragraph 3 of this section 77.50% (b) FY 2023 through FY 2027 until the apportionment to the General Revenue Fun d equals the moving five- year average amount for corporate income tax as prescribed by paragraph 3 of this section 77.25% (c) FY 2028 and each fiscal year thereafter until the apportionment to the General Revenue Fund equals the moving five - year average amount for corporate income tax as prescribed by paragra ph 3 of this section 77.50% (2) there shall be apportioned from the tax levy imposed on corporate income tax to the Revenue Stabilization Fund created by Section 34.102 of Title 62 of the Oklahoma Statu tes, or to the Constitutional Reserve Fund, as provide d by HB4013 HFLR Page 14 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Section 34.102 of Title 62 of the Oklahoma Statutes, the amount of revenue, if any, which exceeds the moving five-year average amount as defined pursuant to paragraph 3 of this section, b. the following amounts shall be paid to the State Treasurer to be placed to the credit of the Education Reform Revolving Fund of the State Department of Education: (1) for FY 2003 through FY 2020, sixteen and five - tenths percent (16.5%), (2) for FY 2021: (a) for the month beginning July 1, 2020, through the month endi ng August 31, 2020, sixteen and five-tenths percent (16.5%), and (b) for the month beginning September 1, 2020, through the month ending June 30, 2021, eighteen percent (18%), (3) for FY 2022, and each fiscal year thereafter, sixteen and five-tenths percent (16.5%), c. the following amounts shall be paid to the State Treasurer to be placed to the credit of the Teachers' Retirement System Dedicated Revenue Revolvin g Fund: Fiscal Year Amount FY 2003 and FY 2004 3.54% HB4013 HFLR Page 15 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 FY 2005 3.75% FY 2006 4.0% FY 2007 4.5% FY 2008 through FY 2020 5.0% FY 2021: (1) for the month beginning July 1, 2020, through the month ending August 31, 2020 5.0% (2) for the month beginning September 1, 2020, through the month ending June 30, 2021 3.5% FY 2022 5.0% FY 2023 through FY 2027 5.25% FY 2028 and each fiscal year thereafter 5.0% d. for FY 2003 and each fiscal year thereafter, one percent (1%) shall be p laced to the credit of the Ad Valorem Reimbursement Fund; and 3. "Moving five-year average for corporate income tax" means, for purposes of the apportionments prescribed by this section, the amount of income tax on corporations, as determined by the State HB4013 HFLR Page 16 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Board of Equalization in the manner pr escribed by Section 34.103 of Title 62 of the Oklahoma Statutes. SECTION 6. AMENDATORY 70 O.S. 2021, Section 3206, is amended to read as follows: Section 3206. As provided in Article XIII-A of the Constitution of Oklahoma, the State Regents s hall constitute a coordinating board of control for all state educational institut ions, with the following specific powers: (a) It shall prescribe standards of higher education applicable to each institution. (b) It shall determine the functions and courses of study in each of the institutions t o conform to the standards prescribed. (c) It shall grant degrees and o ther forms of academic recognition for completion of the prescri bed courses in all of such institutions. (d) It shall recommend to the State Legislature the budget allocations to each institution. (e) It shall have the pow er to recommend to the Legislatu re proposed fees for all of such institutions, and any such fees shall be effective only wi thin the limits prescribed by the Legislature, after taking due cognizance of expressed legis lative intent. (f) It shall allocate fu nds to each institution accordin g to its needs and functions from appropriations made by the Leg islature. HB4013 HFLR Page 17 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (g) It may coordinate private, denominational and other institutions of higher learning with the State System under regulations set forth by the Stat e Regents. Among other powers an d duties, the State Regents shall: (h) Prescribe standards for admission to, retention in, and graduation from state educational institutions. (i) Accept federal funds and grants and use the same in accordance with federal requirements; and accept and di sburse grants, gifts, devises, bequests and other monies and pro perty from foundations, corporations and individuals; and establish, award and disburse scholarships and scholarship fun ds and rewards for merit from any funds available for such purpose. (j) Allocate revolving and other non-state-appropriated educational and general funds. (k) Transfer from one institution to another any property belonging to such institution when no lon ger needed by it and when needed by another institution to accomplish it s functions. (l) Prepare and publish annually a report to the G overnor, the Legislature, and institutions, setting forth the progress, needs, and recommendations of state educational institutions and of the State Regents; conduct studies, surveys and rese arch projects to gather information about the needs of state edu cational institutions and make such additional reports and recommendations as it deems necessary or as the Governor or t he Legislature may direct, and HB4013 HFLR Page 18 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 publish such information obtained as may be considered worthy of dissemination. (m) Any monies which it is authorized to invest sha ll be invested with the care, skill, prudence, and diligence under the circumstances then pre vailing that a prudent person acting in a like capacity and familiar wit h such matters would use in the conduct of an enterprise of a li ke character and with like aims. (n) Issue, on behalf of institutions within The Oklahoma State System of Higher Educat ion, other than the University of Oklaho ma and Oklahoma State University , and with the powers enumerated by this act, its obligations fo r purposes of such capital projects as the Regents may deem to be proper for t he benefit of such institutions. The obli gations issued pursuant to the authority of this paragraph shall be part of a comprehensive program for capital maintenance of such inst itutions and the obligation s shall be special and limited obligations of the Oklahoma State Regents for Higher Education and shall not constitute general obliga tions of the State of Oklahoma. (o) Exercise all powers necessary to comply with the provisions of the Higher Education Capital Financing Act, including, but not limited to, preparing and delivering annually to the Governor, the Speaker of the Oklahoma House of Representatives , the President Pro Tempore of the Oklahoma State Senate, the Appropriations and Budget Chair of the Oklahoma House of Representatives, and the HB4013 HFLR Page 19 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Appropriations Chair of the Oklahoma State Senate an annual report on the infrastructure a nd construction needs of The Oklahoma State System of Higher Education, to be known and cited as the Higher Education Capital Needs Five-Year Forecast. (p) Exercise all powers necessary or convenient to accomplish the purposes and objectives of Article XI II-A of the Constitution of Oklahoma. SECTION 7. AMENDATORY 51 O.S. 20 21, Section 6, is amended to read as follows: Section 6. A. Except as may be otherwise provided, no person holding an office under the laws of the state and n o deputy of any officer so holding any office shall, during the person 's term of office, hold any other office or be the deputy of any officer holding any office, under the laws of the state. The provisions of this section shall not apply to: 1. Notaries public; 2. Members of the State Textbook Committee; 3. County free fair board me mbers; 4. Municipal and county law enfo rcement officers serving in positions as law enforcement officers of both such governmental entities upon such terms and conditions a s are mutually approved by resolutions adopted by the board of county commissioners and governing body of the municipality employing such officers; HB4013 HFLR Page 20 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 5. Any person holding a county or municipal office or position, or membership on any public trust authority , who is a member of a board or commission that relates to federal, state, county o r municipal government and is created by the United States government , the State of Oklahoma or a political subdivision of the state, except where the duties of the offices or positions conflict; 6. Any elected municipal officers and school board members who are appointed to a state board, commission, or similar entity if there is no compensation for such services other than reimbursem ent for necessary travel expenses pursua nt to the provisions of the State Travel Reimbursement Act; 7. Any trustee of a pu blic trust, who is appointed as a truste e of a different public trust or any trustee of the Tulsa County Public Facilities Authority who may also be employed by the Department of Transportation; 8. Law enforcement officers employed by municipal or county law enforcement departments or agencies, other than those law enforcement officers elected or appointed as sheriff, chief of police or some similar position in which they ar e the head of a county or municipal law enforcement agency, who are elected to loca l boards of education; provided, the pro visions of this paragraph shall not prohibit any law enforcement officer employed by a municipality having a population of ten thousa nd (10,000) or fewer people from serving as a member of a local board of education; HB4013 HFLR Page 21 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 9. Any member of the Oklahoma Highway Patrol Division of the Department of Public Safety who is elected to a local board of education; 10. Any employee of the Oklahoma St ate Bureau of Investigation who is elected to a local board of education; 11. Any District Supervisor, Assistant District Supervisor, Team Supervisor, Parole Officer 1 or Parole Officer 2 of the Department of Correc tions who is elected or appointed to a c ity council; 12. Any trustee or d irector of a rural electric cooperative, or port authority who is appointed or elected to a state, county or municipal board, commission or similar entity; 13. County employees who are elected as members of town or city councils; 14. Municipal, county, s tate or tribal law enforcement or peace officers operating under cross-deputization agreements with an Indian tribe or branch of the federal government; 15. Municipal or county law enforcement or peace officers serving in positions as campus police office rs or campus public safety officers pursuant to the provisions of the Oklahoma Campus Security Act, upon such terms and conditions as are mutually approved by resolution adopted by t he governing body of the municipality or county and the governing board of the institution of higher education; HB4013 HFLR Page 22 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 16. State law enforcement or peace officers servin g in positions as campus poli ce officers or campus public safety officers pursuant to the provisions of the Oklahoma Campus Security Act, upon such terms and condition s as are mutually approved by written agreement between the Co mmissioner of Public Safety and the governing board of the institution of higher education; 17. Municipal, county and s tate law enforcement officers serving in positions as part-time or seasonal rangers or peace officers under the Oklahoma To urism and Recreation Department or the Grand River Dam Authority; 18. Members of the University Hospitals Authority; 19. Any person holding a state or county office or pos ition who is a reserve force deput y sheriff, or a reserve special agent with the Oklahoma State Bureau of Narcotics and Dan gerous Drugs Control or a reserve municipal police officer; 20. Any person holding a state o ffice or position who serves as a special assistant district attorney with out compensation; 21. Any elected or appointed m ember of a local school board who is a member of a municipal planning commission; 22. Any elected or appointed member of a local sch ool board who is a member or an officer of a volunteer fire department; 23. Directors or officers of a rural water district and chiefs of municipal fire departmen ts or rural fire districts who are appointed or elected to an unsalaried office in a state, c ounty, HB4013 HFLR Page 23 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 municipal, school, or technology center school board, commission, o r similar entity, except where the duties of the office would create a conflict of interest; 24. Any person who is a dispatcher or confinement officer at a municipal or county jail who is a noncompensated reserve municipa l police officer or a reserve depu ty sheriff; 25. Any person who is an assistant district attor ney serving as a municipal judge or prosecutor; 26. Any park ranger under the Oklahoma Tourism and Recreation Department or any game warden or reserve game war den employed by the Department of Wildlife Conservation who is elected or appointed to a local board of education or to a m unicipal governing body, boar d, commission or similar entity; 27. Members of the Oklahoma St ate University Medical Center Authority, the Oklahoma State University Med ical Trust or the State Board of Osteopathic Examiners; 28. Any member of the state Legi slature or any state officer who serves on the board of trustees of the Oklahoma School for t he Visual and Performing Arts; 29. Members of the Council on Judicial Com plaints; and 30. Any person who is a state empl oyee but not a member of the state military forces, including distric t attorneys, assistant district attorneys, district court judges, associate district court judges and special judges, when detailed as a mi litary trial judge HB4013 HFLR Page 24 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 pursuant to Section 826 of Title 44 of the Oklahoma Statutes or when serving as an appellate military judge pursuant to Section 866 of Title 44 of the Oklahoma Sta tutes when the Military Court of Appeals is convened. The rules of proced ure prescribed by the State Judge Advocate pursuant to subsection L of Section 866 of Tit le 44 of the Oklahoma Statutes shall define what constitutes the Military Court of Appeals being "convened" for purposes of this para graph; and 31. Members of the Oklahoma State System of Higher Education Capital Needs Evaluation Committee. The provisions of this section shall not prohibit any person holding an office under the laws of the state or any deputy of any officer so holding any office from serving upon the b oard of Oklahoma Futures or upon the board of directors of the Oklahoma Center for the Advancement of Science and Technology. The provisions of this section shall not prohibit a mem ber of the board of directors of the Oklahoma Center for the Advancement o f Science and Technology from serving upon the board of Oklaho ma Futures. B. Except as provided in subsection C of this section, salaries, emoluments or benefits that would otherwis e be paid by the agency or political sub division to a loaned employee or o fficer shall instead be paid to the regular employer of such e mployee. The loaned employee shall in turn be paid regular salary and benefits the same as if continuing regular employ ment with the permanent employer. HB4013 HFLR Page 25 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 C. Any person excepted pursuant to para graph 30 of subsection A of this section, when retained as a m ilitary trial judge or when serving as a military appellate judge when the Military Court of Appeals is convened, shall be entitled to military judicial leave i n accordance with Section 209 of T itle 44 of the Oklahoma Statutes. SECTION 8. This act shall become effective November 1, 2024. COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS AND BUDGET , dated 02/29/2024 - DO PASS, As Amended and Coauthored.