SENATE FLOOR VERSION - HB4013 SFLR 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 SENATE FLOOR VERSION April 18, 2024 AS AMENDED ENGROSSED HOUSE BILL NO. 4013 By: McBride, Menz, Moore, Deck, and Munson of the House and Hall of the Senate [ Higher Education Capital Financing Act - Higher Education Capital Needs Evaluation Co mmittee - 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 Higher 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 secti on 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". SECTION 2. NEW LAW A new section of law to b e codified in the Oklahoma Statutes as Section 2244 of Title 70, unless there is created a duplication in numbering, reads as follows: SENATE FLOOR VERSION - HB4013 SFLR 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 A. There is hereby created the Oklahoma State Agency and 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 Speaker 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 President Pro Tempore of the Oklahoma State Senate, w ho 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 construction -related experience; 4. One person to be appoin ted by the Board of Regents of the University of Oklahoma; 5. One person to be appointed 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 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 SENATE FLOOR VERSION - HB4013 SFLR 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 law. The Committee shall select fro m 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 3 1, 2024, 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 Oklahoma House of Representatives, and the Appropriations Chair of the Oklahoma State Senate an annual report on the infrastructure and construction needs of The Oklahoma State System of Higher Education. The annual report shall be known and may be cited as the Higher Educati on Capital Needs Five-Year Forecast, and shall include: 1. Infrastructure and construction projects listed in order of priority and critical need; SENATE FLOOR VERSION - HB4013 SFLR 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 2. Cost estimates for each specific project listed in paragraph 1 of this subsection; 3. Completion timeli ne for each specific project listed in paragraph 1 of this subsection; and 4. A summary of the status of projects 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 section of law to be codified 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 revolving fund for the Oklahoma Capitol Improve ment Authority 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 Oklahoma Capitol Improvement Authority eligible und er law and directed for deposit. All monies accruing to the credit of said fund are hereby appropriated and may be budgeted and expended by t he Oklahoma Capitol Improvement Authority for capital projects specifically and exclusively as authorized by law. Such budgeting and expenditure shall strictly SENATE FLOOR VERSION - HB4013 SFLR 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 adhere to the specific terms, limitations, 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 ag ainst claims 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 Improvement Authority shall be authorized to enter into memoranda of understanding with any executive branch agency or with the Oklahoma State Regen ts 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 expenditures from and deposits to the State Agency and Higher Education Capital Financ ing 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 not constitute a legal obligation of the State of Oklahoma. B. Limited to the extent required for projects specifically authorized through the Oklahoma State Agency and Higher Education Capital Financing Act, the Oklahoma Capitol Improvement Authority shall be authorized to: SENATE FLOOR VERSION - HB4013 SFLR 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 1. Acquire real property together wit h improvements located thereon and personal property; 2. Provide for the construction of improvements to real property and provide funding for repairs, refurbishments, and improvements to real and personal property; 3. Hold title to property and improvem ents as necessary to comply with legal directives and authorizations; and 4. Lease, transfer, and otherwise legally dispose of property and improvements as necessary to comply with 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 Oklahoma House of Representatives, the President Pro Tempore of the Oklahoma State Senate, the Appropriations and Budget Chair of the Oklahoma Hous e of Representatives, 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, a ll distributions, expenditures, 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: SENATE FLOOR VERSION - HB4013 SFLR 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 2352. It is hereby declared to be the purpose of Section 2351 et seq. of this title to provide revenue for general governmental functions o f 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 Access and Driver Safety Fund, the Oklahoma Tourism and Passenger Rail Revolving Fund, the Public 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 15 21 of Title 69 of the Oklahoma Statutes, 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, and subject to the apportionment requirements for the Oklahoma State Capitol Building Repair and Restoration Fund provided by Section 1 9 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 Reform Revolving Fund ; and for the fiscal year beginning July 1, 2024, and for each of the four (4) succeeding fiscal years, the sum SENATE FLOOR VERSION - HB4013 SFLR 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 of One Hundred Forty Million Dollars ($140,000,0 00.00) shall be apportioned to the State Agency and Higher Education Capital Financing Fund, created pursuant to Section 3 of this act, provid ed that such amount may be deposited to the fund in equal installments over the course of the fiscal year. For th e 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 determined by the Sta te Agency and Higher 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 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: SENATE FLOOR VERSION - HB4013 SFLR 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 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 subp aragraph, 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 amounts shall be paid to the State Treasurer to be placed to the credit of the Education Reform Revolving Fund of the S tate 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, SENATE FLOOR VERSION - HB4013 SFLR 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 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 Education 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 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 SENATE FLOOR VERSION - HB4013 SFLR 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 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 time as certified by the Oklahoma Development Finance Authority and the Oklahoma Department of Commerce to be necessary for the repayment of obligations issued by the Oklahoma Development Finance Authority pursuant to Section 3654 of this title if the other sources of revenue paid to or apportioned t o the Quality Jobs Program Incentive Leverage Fund are not adequate including the proceeds from payment 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 Commission shall be apportioned to the Quality Jobs Program Incentive Leverage Fund before any other SENATE FLOOR VERSION - HB4013 SFLR 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 apportionments are made as otherwise authorized by this paragraph. The Oklahoma Development Finance 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 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 subsection s D and E of Section 2355 of this title shall be apportioned to the Education 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 apportionme nt requirements for the Oklahoma Tax Commission and Office of Management and Enterprise Services Joint Computer Enhancement Fund provided by S ection 265 of this title, shall be apportioned monthly as follows: a. the following amounts shall be paid to the S tate 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: SENATE FLOOR VERSION - HB4013 SFLR 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 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 SENATE FLOOR VERSION - HB4013 SFLR 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 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 202 0, sixteen and five- tenths percent (16.5%), (2) for FY 2021: SENATE FLOOR VERSION - HB4013 SFLR 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 (a) for the month beginning July 1, 2020, through the month ending 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 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, SENATE FLOOR VERSION - HB4013 SFLR 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 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 income tax" means, for purposes of the apportionments prescribed by this section, the amount of income tax on corporations, as determined by the State Board of Equalization in the manner prescribed 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 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 and courses of study in each of the institutions to conform to the standards prescribed. SENATE FLOOR VERSION - HB4013 SFLR 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 (c) It shall grant degrees and other forms of academic recognition for completion of the prescribed 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 Legislature 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 legislative intent. (f) It shall allocate funds to each insti tution according to its needs and functions from appropriations made by the Legislature. (g) It may coordinate pr ivate, denominational and other institutions of higher learning with the State System under regulations set forth by the State Regents. Among other powers and 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; an d accept and disburse grants, gifts, devises, bequests and other monies and property from foundations, corporation s and individuals; and establish, award and disburse scholarships and scholarship funds and rewards for merit from any funds available for such purpose. SENATE FLOOR VERSION - HB4013 SFLR 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 (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 longer needed by it and when needed by another institution t o accomplish its functions. (l) Prepare and publish annually a report to the Governor, the Legislature, and insti tutions, setting forth the progress, needs, and recommendations of state educational institutions and of the State Regents; conduct studies, surveys and research projects to gather information about the needs of state educational institutions and make such additional reports and recommendations as it deems necessary or as the Governor or the Legislature may direct, and publish such information o btained 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 with such matters would use in the conduct of an enterprise of a like character and with like aims. (n) Issue, on behalf of institutions within 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 for purposes of such capital projects as the Regents may deem to be proper for the benefit of such SENATE FLOOR VERSION - HB4013 SFLR 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 institutions. The obligations issued pursuant to the authority of this paragraph shall be part of a comprehensive program for capital maintenance of such institutions 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 Edu cation 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 Chai r of the Oklahoma House of Representatives, and the Appropriations Chair of the Oklahoma State Senate an annual report on the infrastructure a nd 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. 2021, Section 6, is amended to read as follows: Section 6. A. Except as may be otherwise provided, no person holding an office und er the laws of the state and no deputy of any SENATE FLOOR VERSION - HB4013 SFLR 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 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 mem bers; 4. Municipal and county law enforcement 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 w ho are appointed to a state board, commission, or similar entity if there is no compensation for such services other than reimbursement for necessary travel expenses pursuant to the provisions of the State Travel Reimbursement Act; SENATE FLOOR VERSION - HB4013 SFLR 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 7. Any trustee of a pub lic trust, who is appointed as a trustee of a different public trust or any trustee of the Tulsa County Public Facilities Authority who may al so be employed by the Department of Transportation; 8. Law enforcement officers employed by municipal or county l aw 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 provisions 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 District Supervisor, Team Supervisor, Parole Officer 1 or Parole Officer 2 of the Department of Corrections who is elected or appointed to a city council; SENATE FLOOR VERSION - HB4013 SFLR 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 12. Any trustee or director 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, state 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 enforcemen t or peace officers serving in positions as campus police officers or campus public safety officers pursuant to th e provisions of the Oklahoma Campus Security Act, upon such terms and conditions as are mutually approved by resolution adopted by the governing body of the municipality or county and the governing board of the institution of higher education; 16. State law enforcement or peace officers serving in positions as campus police officers 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 written agreement between the Commissioner of Public Safety and the governing board of the institution of higher education; 17. Municipal, county and state law enforcement officers serving in positions as part -time or seasonal rangers or peace SENATE FLOOR VERSION - HB4013 SFLR 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 officers under the Oklahoma Tou rism 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 deputy 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 office or position who serves as a special assistant district attorney without compensation; 21. Any elected or appointed me mber of a local school board who is a member of a municipal planning commission; 22. Any elected or appointed member of a local school 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, county, municipal, school, or technology center school board, commission, or similar entity, except where the duties of the o ffice 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 n oncompensated reserve municipal police officer or a reserve deputy sheriff; 25. Any person who is an assistant di strict attorney serving as a municipal judge or prosecutor; SENATE FLOOR VERSION - HB4013 SFLR 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 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 State Univer sity Medical Center Authority, the Oklahoma State University Medical Trust or the State Board of Osteopathic Exami ners; 28. Any member of the state Legislature or any state officer who serves on the board of trustees of the Oklahoma School for the Visual and Performing Arts; 29. Members of the Council on Judicial Complaints; and 30. Any person who is a state employ ee 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 military trial judge pursuant to Section 826 of Titl e 44 of the Oklahoma Statutes or when serving as an appellate military judge pursuant to Section 866 of Title 44 of the Oklahoma Statutes when the Military Court of Appeals is convened. The rules of procedure prescribed by the State Judge Advocate pursuant to subsection L of Section 866 of Title 44 of the Oklahoma Statutes shall define what constitutes the Military Court of Appeals being "conve ned" for purposes of this paragraph ; and SENATE FLOOR VERSION - HB4013 SFLR 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 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 board 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 member of the board of directors of the Oklahoma Center for the Advancement of Science and Technology from serving upon the board of Ok lahoma Futures. B. Except as provided in subsection C of this section, salaries, emoluments or benefits that would otherwise be paid by the agency or political subdivision to a loaned employee or officer shall instead be paid to the regular employer of su ch employee. The loaned employee shall in turn be paid regular salary and benefits the same as if continuing regular employment with the perm anent employer. C. Any person excepted pursuant to paragraph 30 of subsection A of this section, when retained as a military 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 Title 44 of the Oklahoma Statutes. SECTION 8. This act shall become effective July 1, 2024. SENATE FLOOR VERSION - HB4013 SFLR Page 26 (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 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 its passage and approval. COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS April 18, 2024 - DO PASS