Oklahoma 2024 2024 Regular Session

Oklahoma House Bill HB4013 Engrossed / Bill

Filed 03/13/2024

                     
 
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ENGROSSED HOUSE 
BILL NO. 4013 	By: McBride, Menz, Moore, and 
Deck of the House 
 
   and 
 
  Hall of the Senate 
 
 
 
[ Higher Education Capital Financing Act - Higher 
Education Capital Needs Evaluation Committee - 
annual reporting - Higher Education Capital Nee ds 
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 Hi gher Education - dual 
office holding exemption – noncodification – 
codification - effective date -  
 	emergency ] 
 
 
 
 
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 follows: 
This act shall be known and may be cited as the "Oklahoma State 
Agency and Higher Education Capital Financing Act".   
 
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SECTION 2.     NEW LAW     A new section of law to be codified 
in the Oklahoma Statutes as Section 2244 of Title 70, unless there 
is created a duplication in numbering, reads as follows: 
A.  There is hereby created the Oklahoma State Agency and Higher 
Education Capital Needs Evaluation Committee. 
B.  The Committee shall c onsist 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 Senate, 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 Reg ents of the 
University of Oklahoma; 
5.  One person to be appoint ed by the Board of Regents of 
Oklahoma State University ;  
6.  One person to be appointed by the Board of Regents for the 
Regional University System of Oklahoma; and   
 
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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 for 
critical infrastructure needs of both executive branch agencies and 
also critical infrastructure needs of 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 
Legislature 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 State Agency and 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 Ok lahoma House of 
Representatives, and the Appropriation s Chair of the Oklahoma State 
Senate an annual report on the infrastructure and construction need s 
of The Oklahoma State System of Higher Education.  The annual report   
 
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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   
 
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accruing to the credit of said fund are hereby appropriated and may 
be budgeted and expended by the Oklahoma Capitol Improveme nt 
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 memoranda of understanding with any 
executive branch agency or 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 administer expenditur es from and deposits t o the 
State Agency and 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 understanding shall n ot constitute a legal 
obligation of the State of Oklahoma.   
 
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B.  Limited to the extent required for projects specifically 
authorized through the Oklahoma State Agency and Higher Education 
Capital Financing Act, the Oklahoma Capitol Improv ement Authority 
shall be authorized t o: 
1.  Acquire real property together 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 propert y; 
3.  Hold title to property and improvements as ne cessary 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 Okla homa 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 Appropriation s and 
Budget Chair of the Oklahoma House of Repre sentatives, and the 
Appropriations Chair of the Oklahoma State Senate a report detailing 
impacts to the balance of the State Agency and Higher Education 
Capital Financing Fund occurring in the prior calendar year, 
including, but not limited to, all distributions, expenditu res,   
 
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collections, deposits, and investment returns of the State Agency 
and Higher Education Capital Financing Fund. 
SECTION 5.     AMENDATORY     68 O.S. 2021, Section 2352, is 
amended to read as follows: 
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   
 
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derived pursuant to the provisions of subsections A, B and E of 
Section 2355 of this title shall be apportioned to the Education 
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 One Hundred Forty Million Dollars ($140,000,000.00) shall be 
apportioned to the State Agency and 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 f iscal year.  For the fiscal year ending June 
30, 2025, Fifty Million Dollars ($50,000,000.00) of the One Hundred 
Forty Million Dollars ($140,000,000.00) shall be allocated to those 
projects with the highest need of priority as critical 
infrastructure as de termined by the State Agency and Hig her 
Education Capital Needs Evaluation Committee.  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 fiscal year for the 
support of the state government to be paid out only 
pursuant to appropriation by the Legislature:   
 
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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 2027 	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 
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 St ate 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,   
 
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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 
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 Teache rs' 
Retirement System Dedicated 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   
 
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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 placed to the credit 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 necessary for the repayment of 
obligations issued by the Oklahom a 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 pa yment 
pursuant to the guaranty 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   
 
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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 par agraph is no longer required. 
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 
Section 2355 of this title shall be apportioned to the Education 
Reform Revolving Fun d.  The remainder of such reve nue 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 Management 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:   
 
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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 Fund 
equals the moving five-
year average amount for 
corporate income tax as 
prescribed by paragraph 3 
of this section 	77.50% 
(b) FY 2023 through FY 2027 
until the apportionment to 
the General Revenue Fund 
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   
 
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General Revenue Fund 
equals the moving five-
year average amount for 
corporate income tax as 
prescribed by paragraph 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 Statutes, or to the 
Constitutional Reserve Fund, as provided by 
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:   
 
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(a) for the month beginning July 1, 20 20, 
through the month ending A ugust 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% 
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,   
 
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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 placed to the credit of the Ad 
Valorem Reimbursement Fund; and 
3.  "Moving five-year average for corporate in come tax" means, 
for purposes of the apportio nments prescribed by this section, the 
amount of income tax on corporations, as determined by the State 
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 Reg ents shall constitute a coordinating board 
of control for all state educational institutions, with the 
following specific powers: 
(a) It shall prescribe standards of higher education applicable 
to each institution. 
(b)  It shall determine the functions an d courses of study in 
each of the institutions to con form to the standards prescribed.   
 
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(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 power to recommend to the Legislatu re 
proposed fees for all of such institutions, and any such fees shall 
be effective only within the limits prescribed by the Legislature , 
after taking due cognizance of expressed legislativ e intent. 
(f)  It shall allocate funds to each institution accordin g to 
its needs and functions from appropriations made by the Leg islature. 
(g)  It may coordinate private, denominational and other 
institutions of higher learning with the State System under 
regulations set forth by the State Regents. 
Among other powers an d duties, the State Regents shall: 
(h)  Prescribe standards for admission to, retention in, and 
graduation from state educational instit utions. 
(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, awa rd and 
disburse scholarships and scholarship funds and rewards for merit 
from any funds available for such purpose.   
 
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(j)  Allocate revolving and other non-state-appropriated 
educational and general funds. 
(k)  Transfer from one institution to another any pr operty 
belonging to such institution when no longer n eeded 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 a nd 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 recommendatio ns as it deems 
necessary or as the Governor or the Le gislature may direct, and 
publish such information obtained as may be considered worthy of 
dissemination. 
(m)  Any monies which it is authorized to invest shall be 
invested with the care, skill, prudence , and diligence under the 
circumstances then prevailing 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 w ithin The Oklahoma State 
System of Higher Education, other than the University of Oklahoma 
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 the benefit of such   
 
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institutions.  The obligations issued pursuant to the authority of 
this paragraph shall be part of a comprehensive program for capital 
maintenance of such inst itutions and the obligations shall be 
special and limited obligations of the Oklahoma State Regents for 
Higher Education and shall not constitute general obligations of the 
State of Oklahoma. 
(o)  Exercise all powers necessary to comply with the provisions 
of the State Agency and 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 Appropriations Chair of the Oklahoma State 
Senate an annual report on the infrastructure and construction needs 
of executive branch agencies and 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 XIII -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 no deputy of any   
 
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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 members; 
4.  Municipal and county law en forcement officers serving in 
positions as law enforcement officers of both such governmental 
entities upon such terms and conditions as are mutually approved by 
resolutions adopted by the board of county commissioners and 
governing body of the municipality employing such officers; 
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 or 
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 reimburseme nt 
for necessary travel expenses pursuant to the provisions of the 
State Travel Reimbursement Act;   
 
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7.  Any trustee of a public trust, who is appointed as a trus tee 
of a different public trust or any trustee of the Tulsa County 
Public Facilities Authority w ho 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 are the head of a 
county or municipal law enforcement agency, who are elected to local 
boards of education; provided, the p rovisions of this paragraph 
shall not prohibit any law enforcement officer employed by a 
municipality having a population of ten thousand (10,000) or fewer 
people from serving as a member of a local board of education; 
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 State Bureau of Investigation 
who is elected to a local board of education; 
11.  Any District Supervisor, Assistant Distric t Supervisor, 
Team Supervisor, Parole Officer 1 or Parole Officer 2 of the 
Department of Correct ions who is elected or appointed to a city 
council;   
 
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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 a re 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 e nforcement 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 th e governing body of the 
municipality or county and the governing board of the institution of 
higher education; 
16.  State law enforcement or peace officers serv ing in 
positions as campus police officers or campus public safety officers 
pursuant to the prov isions 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 st ate law enforcement officers 
serving in positions as part -time or seasonal rangers or peace   
 
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officers under the Oklahoma Tourism 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 position who 
is a reserve force deput y sheriff, or a reserve special agent with 
the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control 
or a reserve municipal police officer; 
20.  Any person holding a state of fice or position who serves as 
a special assistant district attorney with out compensation; 
21.  Any elected or appointed member of a local school board who 
is a member of a municipal planning commission; 
22.  Any elected or appointed member of a local scho ol 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 departments or rural fire districts who are 
appointed or elected to an unsalaried office in a state, co unty, 
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 w ho is a noncompensated reserve municipal 
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;   
 
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26.  Any park ranger under the Oklahoma Tourism and Recreation 
Department or any game warden or reserve game warden employed by the 
Department of Wildlife Conservation who is elected or appointed to a 
local board of education or to a municipal governing body, board, 
commission or similar entity; 
27.  Members of the Oklahoma Sta te University Medical Center 
Authority, the Oklahoma State University Med ical Trust or the State 
Board of Osteopathic Examiners; 
28.  Any member of the state Legislature or any state officer 
who serves on the board of trustees of the Oklahoma School for th e 
Visual and Performing Arts; 
29.  Members of the Council on Judicial Com plaints; and 
30.  Any person who is a state employee but not a member of the 
state military forces, including district attorneys, assistant 
district attorneys, district court judges, associate district court 
judges and special judges, when detailed as a mi litary trial judge 
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 T itle 44 of the 
Oklahoma Statutes shall define what constitutes the Military Court 
of Appeals being "convened" for purposes of this paragraph ; and   
 
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31.  Members of the State Agency and 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 boar d 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 upo n 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 subdivision to a loaned employee or o fficer 
shall instead be paid to the regul ar 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. 
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 in 
accordance with Section 209 of T itle 44 of the Oklahoma Statutes. 
SECTION 8.  This act shall become effective July 1, 2024.   
 
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SECTION 9.  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 i ts passage and approval. 
Passed the House of Representatives the 12th day of March, 2024. 
 
 
 
  
 	Presiding Officer of the House 
 	of Representatives 
 
 
 
Passed the Senate the ___ day of __________, 2024. 
 
 
 
  
 	Presiding Officer of the Senate