Oklahoma 2024 Regular Session

Oklahoma House Bill HB4013 Compare Versions

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3-ENGR. S. A. TO ENGR. H. B. NO. 4013 Page 1 1
3+SENATE FLOOR VERSION - HB4013 SFLR Page 1
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28-ENGROSSED SENATE AMENDMENT
29-TO
29+SENATE FLOOR VERSION
30+April 18, 2024
31+AS AMENDED
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3033 ENGROSSED HOUSE
31-BILL NO. 4013 By: McBride, Menz, Moore, and
32-Deck of the House
34+BILL NO. 4013 By: McBride, Menz, Moore, Deck,
35+and Munson of the House
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3437 and
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3639 Hall of the Senate
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4045 [ Higher Education Capital Financing Act - Higher
41-Education Capital Needs Evaluation Committee -
42-annual reporting - Higher Education Capital Needs
43-Five-Year Forecast - Higher Education Capital
44-Financing Fund - budgeting procedures - memoranda
45-of understanding - legal status - apportionment of
46-income tax collections - powers and duties of the
47-Oklahoma State Regents for Higher Education - dual
48-office holding exemption – noncodification –
49-codification - effective date -
46+Education Capital Needs Evaluation Co mmittee - annual
47+reporting - Higher Education Capital Needs Five -Year
48+Forecast - Higher Education Capital Financing Fund -
49+budgeting procedures - memoranda of understanding -
50+legal status - apportionment of income tax
51+collections - powers and duties of the Oklahoma State
52+Regents for Higher Education - dual office holding
53+exemption – noncodification – codification -
54+effective date -
5055 emergency ]
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55-AUTHOR: Add the following House Coauthor: Munson
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57-AMENDMENT NO. 1. Page 1, strike the enacting clause
61+BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
62+SECTION 1. NEW LAW A new secti on of law not to be
63+codified in the Oklahoma Statutes reads as follows:
64+This act shall be known and may be cited as the "Oklahoma State
65+Agency and Higher Education Capital Financing Act".
66+SECTION 2. NEW LAW A new section of law to b e codified
67+in the Oklahoma Statutes as Section 2244 of Title 70, unless there
68+is created a duplication in numbering, reads as follows:
5869
59-
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61-ENGR. S. A. TO ENGR. H. B. NO. 4013 Page 2 1
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86-Passed the Senate the 24th day o f April, 2024.
96+A. There is hereby created the Oklahoma State Agency and Higher
97+Education Capital Needs Evaluation Committee.
98+B. The Committee shall consist of the following persons:
99+1. Three (3) persons to be appointed by the Governor;
100+2. One person to be appointed by the Speaker of the Oklahoma
101+House of Representatives, who shall have at least ten (10) years
102+demonstrated experience in the construction industry, whether as a
103+general contractor or a combination of experience as a general
104+contractor along with other constructi on-related experience;
105+3. One person to be appointed by the President Pro Tempore of
106+the Oklahoma State Senate, w ho shall have at least ten (10) years
107+demonstrated experience in the construction industry, whether as a
108+general contractor or a combination of experience as a general
109+contractor along with other construction -related experience;
110+4. One person to be appoin ted by the Board of Regents of the
111+University of Oklahoma;
112+5. One person to be appointed by the Board of Regents of
113+Oklahoma State University ;
114+6. One person to be appointed by the Board of Regents for the
115+Regional University System of Oklahoma; and
116+7. One person to be appointed by the board of regents for non -
117+system-affiliated public colleges.
118+C. The Committee shall be authorized to meet as often as
119+required in order to perform the duties imposed upon it pursuant to
87120
88-
89-
90- Presiding Officer of the Senate
91-
92-
93-Passed the House of Representatives the ____ day of __________,
94-2024.
95-
96-
97-
98- Presiding Officer of the House
99- of Representatives
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101-ENGR. H. B. NO. 4013 Page 1 1
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126-ENGROSSED HOUSE
127-BILL NO. 4013 By: McBride, Menz, Moore, and
128-Deck of the House
147+law. The Committee shall select fro m among its membership a chair
148+and co-chair. A majority of the members of the Committee shall be
149+required to give final approval to the list of capital projects for
150+each funding period as prescribed by subsection D of this section.
151+D. The Committee shall evaluate the capital requirements for
152+critical infrastructure needs of both executive branch agencies and
153+also critical infrastructure needs of The Oklahoma State System of
154+Higher Education each year and shall establish a schedule for the
155+projects and make recommendations to the Governor and to the
156+Legislature according to the provisions of subsection E of this
157+section.
158+E. Beginning December 3 1, 2024, and no later than December 31
159+each year thereafter, the State Agency and Higher Education Capital
160+Needs Evaluation Committee shall submit in written or electronic
161+format to the Governor, the Speaker of the Oklahoma House of
162+Representatives, the President Pro Tempore of the Oklahoma State
163+Senate, the Appropriations and Budget Chair of the Oklahoma House of
164+Representatives, and the Appropriations Chair of the Oklahoma State
165+Senate an annual report on the infrastructure and construction needs
166+of The Oklahoma State System of Higher Education. The annual report
167+shall be known and may be cited as the Higher Educati on Capital
168+Needs Five-Year Forecast, and shall include:
169+1. Infrastructure and construction projects listed in order of
170+priority and critical need;
129171
130- and
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132- Hall of the Senate
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135-
136-[ Higher Education Capital Financing Act - Higher
137-Education Capital Needs Evaluation Committee -
138-annual reporting - Higher Education Capital Nee ds
139-Five-Year Forecast - Higher Education Capital
140-Financing Fund - budgeting procedures - memoranda
141-of understanding - legal status - apportionment of
142-income tax collections - powers and duties of the
143-Oklahoma State Regents for Hi gher Education - dual
144-office holding exemption – noncodification –
145-codification - effective date -
146- emergency ]
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151-BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
152-SECTION 1. NEW LAW A new section of law not to be
153-codified in the Oklahoma Statutes reads as follows:
154-This act shall be known and may be cited as the "Oklahoma State
155-Agency and Higher Education Capital Financing Act".
156-
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182-SECTION 2. NEW LAW A new section of law to be codified
183-in the Oklahoma Statutes as Section 2244 of Title 70, unless there
198+2. Cost estimates for each specific project listed in paragraph
199+1 of this subsection;
200+3. Completion timeli ne for each specific project listed in
201+paragraph 1 of this subsection; and
202+4. A summary of the status of projects previously funded and
203+currently being funded pursuant to the provisions of the Higher
204+Education Capital Financing Act.
205+F. Each funding cycle beginning with the report submitted not
206+later than December 31, 2024, shall provide an allocation of Two
207+Hundred Million Dollars ($200,000,000.00) for the capital projects
208+submitted for approval by the Committee.
209+SECTION 3. NEW LAW A new section of law to be codified
210+in the Oklahoma Statutes as Section 188B of Title 73, unless there
184211 is created a duplication in numbering, reads as follows:
185-A. There is hereby created the Oklahoma State Agency and Higher
186-Education Capital Needs Evaluation Committee.
187-B. The Committee shall c onsist of the following persons:
188-1. Three (3) persons to be appointed by the Governor;
189-2. One person to be appointed by the Speaker of the Oklahoma
190-House of Representatives, who shall have at least ten (10) years
191-demonstrated experience in the construction industry, whether as a
192-general contractor or a combination of experience as a general
193-contractor along with other c onstruction-related experience;
194-3. One person to be appointed by the P resident Pro Tempore of
195-the Oklahoma State Senate, who shall have at least ten (10) years
196-demonstrated experience in the construction industry, wh ether as a
197-general contractor or a combination of experience as a general
198-contractor along with other construction -related experience;
199-4. One person to be appoint ed by the Board of Reg ents of the
200-University of Oklahoma;
201-5. One person to be appoint ed by the Board of Regents of
202-Oklahoma State University;
203-6. One person to be appointed by the Board of Regents for the
204-Regional University System of Oklahoma; and
212+There is hereby created in the State Treasury a revolving fund
213+for the Oklahoma Capitol Improve ment Authority to be designated the
214+"Higher Education Capital Financing Fund". The fund shall be a
215+continuing fund, not subject to fiscal year limitations, and shall
216+consist of all monies received by the Oklahoma Capitol Improvement
217+Authority eligible und er law and directed for deposit. All monies
218+accruing to the credit of said fund are hereby appropriated and may
219+be budgeted and expended by t he Oklahoma Capitol Improvement
220+Authority for capital projects specifically and exclusively as
221+authorized by law. Such budgeting and expenditure shall strictly
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231-7. One person to be appointed by the board of regents for non-
232-system-affiliated public colleges .
233-C. The Committee shall be authorized to meet as often as
234-required in order to perform the duties imposed upon it pursuant to
235-law. The Committee shall select from among its membership a chair
236-and co-chair. A majority of the members of the Committee shall be
237-required to give final approval to the list of capital projects for
238-each funding period as prescribed by subsection D of this section.
239-D. The Committee shall evaluate the capital requirements for
240-critical infrastructure needs of both executive branch agencies and
241-also critical infrastructu re needs of The Oklahoma State System of
242-Higher Education each year and shall establish a schedule for the
243-projects and make recommendations to the Governor and to the
244-Legislature according to the provisions of subsection E of this
245-section.
246-E. Beginning December 31, 2024, and no later than December 31
247-each year thereafter, the State Agency and Higher Education Capital
248-Needs Evaluation Committee shall submit in written or electronic
249-format to the Governor, the Speaker of the Oklahoma House of
250-Representatives, the President Pro Tempore of the Oklahoma State
251-Senate, the Appropriations and Budget Chair of the Ok lahoma House of
252-Representatives, and the Appropriation s Chair of the Oklahoma State
253-Senate an annual report on the infrastructure and construction need s
254-of The Oklahoma State System of Higher Education. The annual report
249+adhere to the specific terms, limitations, purposes, and
250+requirements described in such authorizations and in this act.
251+Expenditures from said fund shall be made upon warrants issued by
252+the State Treasurer ag ainst claims filed as prescribed by law with
253+the Director of the Office of Management and Enterprise Services for
254+approval and payment.
255+SECTION 4. NEW LAW A new section of law to be codified
256+in the Oklahoma Statutes as Section 188C of Title 73, unless there
257+is created a duplication in numbering, reads as follows:
258+A. The Oklahoma Capitol Improvement Authority shall be
259+authorized to enter into memoranda of understanding with any
260+executive branch agency or with the Oklahoma State Regen ts for
261+Higher Education as provided by law and with the board of regents
262+for non-system-affiliated public colleges and as deemed necessary by
263+the Authority to administer expenditures from and deposits to the
264+State Agency and Higher Education Capital Financ ing Fund; provided
265+that such memoranda of understanding do not conflict with or impede
266+the administration of capital projects specifically authorized by
267+law. Such memoranda of understanding shall not constitute a legal
268+obligation of the State of Oklahoma.
269+B. Limited to the extent required for projects specifically
270+authorized through the Oklahoma State Agency and Higher Education
271+Capital Financing Act, the Oklahoma Capitol Improvement Authority
272+shall be authorized to:
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281-shall be known and may be cited as the Higher Education Capita l
282-Needs Five-Year Forecast, and shall include:
283-1. Infrastructure and construct ion projects listed in or der of
284-priority and critical need;
285-2. Cost estimates for each specific project listed in paragraph
286-1 of this subsection;
287-3. Completion timeline for ea ch specific project listed in
288-paragraph 1 of this subsection; and
289-4. A summary of the status of pr ojects previously funded and
290-currently being funded pursuant to the provisions of the Higher
291-Education Capital Financing Act.
292-F. Each funding cycle beginning with the report submitted not
293-later than December 31, 2024, shall provide an allocation of Two
294-Hundred Million Dollars ($200,000,000.00) for the capital projects
295-submitted for approval by the Committee.
296-SECTION 3. NEW LAW A new se ction of law to be codifie d
297-in the Oklahoma Statutes as Section 188B of Title 73, unless there
298-is created a duplication in numbering, reads as follows:
299-There is hereby created in the State Treasury a revolvin g fund
300-for the Oklahoma Capitol Improvement Auth ority to be designated the
301-"Higher Education Capital Financing Fund". The fund shall be a
302-continuing fund, not subject to fiscal year limitations, and shall
303-consist of all monies received by the Oklah oma Capitol Improvement
304-Authority eligible under law an d directed for deposit. All monies
300+1. Acquire real property together wit h improvements located
301+thereon and personal property;
302+2. Provide for the construction of improvements to real
303+property and provide funding for repairs, refurbishments, and
304+improvements to real and personal property;
305+3. Hold title to property and improvem ents as necessary to
306+comply with legal directives and authorizations; and
307+4. Lease, transfer, and otherwise legally dispose of property
308+and improvements as necessary to comply with legal directives and
309+authorizations.
310+C. No later than January 15 annually , the Oklahoma Capitol
311+Improvement Authority shall submit electronically to the Governor,
312+the Speaker of the Oklahoma House of Representatives, the President
313+Pro Tempore of the Oklahoma State Senate, the Appropriations and
314+Budget Chair of the Oklahoma Hous e of Representatives, and the
315+Appropriations Chair of the Oklahoma State Senate a report detailing
316+impacts to the balance of the State Agency and Higher Education
317+Capital Financing Fund occurring in the prior calendar year,
318+including, but not limited to, a ll distributions, expenditures,
319+collections, deposits, and investment returns of the State Agency
320+and Higher Education Capital Financing Fund.
321+SECTION 5. AMENDATORY 68 O.S. 2021, Section 2352, is
322+amended to read as follows:
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331-accruing to the credit of said fund are hereby appropriated and may
332-be budgeted and expended by the Oklahoma Capitol Improveme nt
333-Authority for capital projects specifically and exclusively as
334-authorized by law. Such budgeting and expenditure sha ll strictly
335-adhere to the specific terms, limitat ions, purposes, and
336-requirements described in such authorizations and in this act.
337-Expenditures from said fund shall be made upon warrants issued by
338-the State Treasurer against cla ims filed as prescribed by law with
339-the Director of the Office of Management and Enterprise Services for
340-approval and payment.
341-SECTION 4. NEW LAW A new section of law to be codified
342-in the Oklahoma Statutes as Section 188C of Title 73, unless there
343-is created a duplication in numbering, reads as follows:
344-A. The Oklahoma Capitol Improv ement Authority shall be
345-authorized to enter into memoranda of understanding with any
346-executive branch agency or with the Oklahoma State Regents for
347-Higher Education as provided by law and with the board of regents
348-for non-system-affiliated public colleges and as deemed necessary by
349-the Authority to administer expenditur es from and deposits t o the
350-State Agency and Higher Education Capital Financing Fund; provided
351-that such memoranda of understanding do not conflict with or impede
352-the administration of capital projects specifi cally authorized by
353-law. Such memoranda of understanding shall n ot constitute a legal
354-obligation of the State of Oklahoma.
350+Section 2352. It is hereby declared to be the purpose of
351+Section 2351 et seq. of this title to provide revenue for general
352+governmental functions o f state government; and, for that purpose
353+and to that end, it is expressly declared that the revenue derived
354+herefrom and penalties and interest thereon, subject to the
355+apportionment requirements for the Rebuilding Oklahoma Access and
356+Driver Safety Fund, the Oklahoma Tourism and Passenger Rail
357+Revolving Fund, the Public Transit Revolving Fund and the Education
358+Reform Revolving Fund to be derived from income tax revenue that
359+would otherwise be apportioned to the General Revenue Fund as
360+provided by Section 15 21 of Title 69 of the Oklahoma Statutes,
361+subject to the apportionment requirements for the Oklahoma Tax
362+Commission and Office of Management and Enterprise Services Joint
363+Computer Enhancement Fund provided by Section 265 of this title, and
364+subject to the apportionment requirements for the Oklahoma State
365+Capitol Building Repair and Restoration Fund provided by Section 1 9
366+of Title 73 of the Oklahoma Statutes, shall be distributed as
367+follows:
368+1. For the fiscal year beginning July 1, 2002, the first Five
369+Million Eight Hundred Thousand Dollars ($5,800,000.00) of revenue
370+derived pursuant to the provisions of subsections A, B and E of
371+Section 2355 of this title shall be apportioned to the Education
372+Reform Revolving Fund ; and for the fiscal year beginning July 1,
373+2024, and for each of the four (4) succeeding fiscal years, the sum
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381-B. Limited to the extent required for projects specifically
382-authorized through the Oklahoma State Agency and Higher Education
383-Capital Financing Act, the Oklahoma Capitol Improv ement Authority
384-shall be authorized t o:
385-1. Acquire real property together with improvement s located
386-thereon and personal property;
387-2. Provide for the construction o f improvements to real
388-property and provide funding for repairs, refurbishments, and
389-improvements to real and personal propert y;
390-3. Hold title to property and improvements as ne cessary to
391-comply with legal directives and authorizations; and
392-4. Lease, transfer, and otherwise legall y dispose of property
393-and improvements as necessary to comply wi th legal directives and
394-authorizations.
395-C. No later than January 15 annually, the Okla homa Capitol
396-Improvement Authority shall submit electronically to the Governor ,
397-the Speaker of the Oklaho ma House of Representatives, the President
398-Pro Tempore of the Oklahoma State Senate, the Appropriation s and
399-Budget Chair of the Oklahoma House of Repre sentatives, and the
400-Appropriations Chair of the Oklahoma State Senate a report detailing
401-impacts to the balance of the State Agency and Higher Education
402-Capital Financing Fund occurring in the prior calendar year,
403-including, but not limited to, all distributions, expenditu res,
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430-collections, deposits, and investment returns of the State Agency
431-and Higher Education Capital Financing Fund.
432-SECTION 5. AMENDATORY 68 O.S. 2021, Section 2352, is
433-amended to read as follows:
434-Section 2352. It is hereby declared to be the purpose of
435-Section 2351 et seq. of this title to provide revenue for gen eral
436-governmental functions of state government; and, for that purpose
437-and to that end, it is expressly declared that the revenue derived
438-herefrom and penalties and interest thereon, subject to the
439-apportionment requirements for the Rebuilding Oklahoma Acc ess and
440-Driver Safety Fund, the Oklahoma Tourism and Passenger Rail
441-Revolving Fund, the P ublic Transit Revolving Fund and the Education
442-Reform Revolving Fund to be derived from income tax revenue that
443-would otherwise be apportioned to the General Revenue Fund as
444-provided by Section 1521 of Title 69 of the Oklahoma St atutes,
445-subject to the apportionment requirements for the Oklahoma Tax
446-Commission and Office of Management and Enterprise Services Joint
447-Computer Enhancement Fund provided by Section 265 of thi s title, and
448-subject to the apportionment requirements for the Oklahoma State
449-Capitol Building Repair and Restoration Fu nd provided by Section 19
450-of Title 73 of the Oklahoma Statutes, shall be distributed as
451-follows:
452-1. For the fiscal year beginning July 1, 2002, the first Five
453-Million Eight Hundred Thousand Dollars ($5,800,000.00) of revenue
454-
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480-derived pursuant to the provisions of subsections A, B and E of
481-Section 2355 of this title shall be apportioned to the Education
482-Reform Revolving Fund; and for the fiscal year beginning July 1,
483-2024, and for each of the four (4) succeeding fiscal years, the sum
484401 of One Hundred Forty Million Dollars ($140,000,0 00.00) shall be
485402 apportioned to the State Agency and Higher Education Capital
486403 Financing Fund, created pursuant to Section 3 of this act, provid ed
487404 that such amount may be deposited to the fund in equal installments
488405 over the course of the fiscal year. For th e fiscal year ending June
489406 30, 2025, Fifty Million Dollars ($50,000,000.00) of the One Hundred
490407 Forty Million Dollars ($140,000,000.00) shall be allocated to those
491408 projects with the highest need of priority as critical
492409 infrastructure as determined by the Sta te Agency and Higher
493410 Education Capital Needs Evaluation Committee . The remainder of such
494411 revenue for the fiscal year beginning July 1, 2002, and all such
495412 revenue for each fiscal year thereafter shall be apportioned monthly
496413 as follows:
497414 a. the following amounts shall be paid to the State
498415 Treasurer to be placed to the credit of the General
499416 Revenue Fund of the state for such fiscal year for the
500417 support of the state government to be paid out only
501418 pursuant to appropriation by the Legislature:
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528446 Fiscal Year Amount
529447 FY 2003 and FY 2004 87.12%
530448 FY 2005 86.91%
531449 FY 2006 86.66%
532450 FY 2007 86.16%
533451 FY 2008 through FY 2022 85.66%
534452 FY 2023 through FY 2027 85.41%
535453 FY 2028 and each fiscal year thereafter 85.66%
536454 Of the funds apportioned to the General Revenue Fund
537455 pursuant to this subp aragraph, until the expiration of
538456 the Filmed in Oklahoma Act of 2021 as provided in
539457 Section 11 of this act, Thirty Million Dollars
540458 ($30,000,000.00) shall be transferred to the Oklahoma
541459 Tax Commission for deposit in the Filmed in Oklahoma
542460 Program Revolving Fund,
543461 b. the following amounts shall be paid to the State
544462 Treasurer to be placed to the credit of the Education
545463 Reform Revolving Fund of the S tate Department of
546464 Education:
547465 (1) for FY 2003 through FY 2020, eight and thirty -
548466 four one-hundredths percent (8.34% ),
549467 (2) for FY 2021:
550468 (a) for the month beginning July 1, 2020,
551469 through the month ending August 31, 2020,
552470
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578497 eight and thirty-four one-hundredths percent
579498 (8.34%), and
580499 (b) for the month beginning September 1, 2020,
581500 through the month ending June 30, 2021, nine
582501 and eighty-four one-hundredths percent
583502 (9.84%),
584503 (3) for FY 2022 and each fiscal year thereafter,
585504 eight and thirty-four one-hundredths percent
586505 (8.34%) shall be paid to the State Treasurer to
587506 be placed to the credit of the Education Reform
588507 Revolving Fund,
589508 c. the following amounts shall be paid to the State
590509 Treasurer to be placed to the credit of the Teachers'
591510 Retirement System Dedicated Revenue Revolving Fund:
592511 Fiscal Year Amount
593512 FY 2003 and FY 2004 3.54%
594513 FY 2005 3.75%
595514 FY 2006 4.0%
596515 FY 2007 4.5%
597516 FY 2008 through FY 2020 5.0%
598517 FY 2021:
599518 (1) for the month beginning
600519 July 1, 2020, through
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627547 the month ending August
628548 31, 2020 5.0%
629549 (2) for the month beginning
630550 September 1, 2020,
631551 through the month ending
632552 June 30, 2021 3.5%
633553 FY 2022 5.0%
634554 FY 2023 through FY 2027 5.25%
635555 FY 2028 and each fiscal
636556 year thereafter 5.0%
637557 d. for FY 2003 and each fiscal year thereafter, one
638558 percent (1%) shall be placed to the credit of the Ad
639559 Valorem Reimbursement Fund;
640560 2. Beginning July 1, 2003, for any period of time as certified
641561 by the Oklahoma Development Finance Authority and the Oklahoma
642562 Department of Commerce to be necessary for the repayment of
643563 obligations issued by the Oklahoma Development Finance Authority
644564 pursuant to Section 3654 of this title if the other sources of
645565 revenue paid to or apportioned t o the Quality Jobs Program Incentive
646566 Leverage Fund are not adequate including the proceeds from payment
647567 pursuant to the guaranty required by subsection M of Section 3654 of
648568 this title, an amount certified by the Oklahoma Development Finance
649569 Authority to the Oklahoma Tax Commission shall be apportioned to the
650570 Quality Jobs Program Incentive Leverage Fund before any other
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677598 apportionments are made as otherwise authorized by this paragraph.
678599 The Oklahoma Development Finance Authority shall certify to the
679600 Oklahoma Tax Commission the time as of which the revenue authorized
680601 for apportionment pursuant to this paragraph is no longer required.
681602 After the certification, the revenue derived from the income tax
682603 shall be apportioned in the manner otherwise provided by this
683604 section. Except as otherwise provided by this paragraph, for the
684605 fiscal year beginning July 1, 2002, the first Forty -one Million One
685606 Hundred Ninety Thousand Eight Hundred Dollars ($41,190,800.00) of
686607 revenue derived pursuant to the provisions of subsection s D and E of
687608 Section 2355 of this title shall be apportioned to the Education
688609 Reform Revolving Fund. The remainder of such revenue for the fiscal
689610 year beginning July 1, 2002, and all such revenue for each fiscal
690611 year thereafter, subject to the apportionme nt requirements for the
691612 Oklahoma Tax Commission and Office of Management and Enterprise
692613 Services Joint Computer Enhancement Fund provided by S ection 265 of
693614 this title, shall be apportioned monthly as follows:
694615 a. the following amounts shall be paid to the S tate
695616 Treasurer to be placed to the credit of the General
696617 Revenue Fund of the state for such fiscal year for the
697618 support of the state government to be paid out only
698619 pursuant to appropriation by the Legislature:
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725647 Fiscal Year Amount
726648 FY 2003 and FY 2004 78.96%
727649 FY 2005 78.75%
728650 FY 2006 78.50%
729651 FY 2007 78.0%
730652 (1) (a) FY 2018 through FY 2022
731653 until the apportionment to
732654 the General Revenue Fund
733655 equals the moving five-
734656 year average amount for
735657 corporate income tax as
736658 prescribed by paragraph 3
737659 of this section 77.50%
738660 (b) FY 2023 through FY 2027
739661 until the apportionment to
740662 the General Revenue Fund
741663 equals the moving five -
742664 year average amount for
743665 corporate income tax as
744666 prescribed by paragraph 3
745667 of this section 77.25%
746668 (c) FY 2028 and each fiscal
747669 year thereafter until the
748670 apportionment to the
749671
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775698 General Revenue Fund
776699 equals the moving five -
777700 year average amount for
778701 corporate income tax as
779702 prescribed by paragraph 3
780703 of this section 77.50%
781704 (2) there shall be apportioned from the tax levy
782705 imposed on corporate income tax to the Revenue
783706 Stabilization Fund created by Section 34.102 of
784707 Title 62 of the Oklahoma Statutes, or to the
785708 Constitutional Reserve Fund, as provided by
786709 Section 34.102 of Title 62 of the Oklahoma
787710 Statutes, the amount of revenue, if any, which
788711 exceeds the moving five -year average amount as
789712 defined pursuant to paragraph 3 of this section,
790713 b. the following amounts shall be paid to the State
791714 Treasurer to be placed to the credit of the Education
792715 Reform Revolving Fund of the State Department of
793716 Education:
794717 (1) for FY 2003 through FY 202 0, sixteen and five-
795718 tenths percent (16.5%),
796719 (2) for FY 2021:
797720
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823747 (a) for the month beginning July 1, 2020,
824748 through the month ending August 31, 2020,
825749 sixteen and five-tenths percent (16.5%), and
826750 (b) for the month beginning September 1, 2020,
827751 through the month ending June 30, 2021,
828752 eighteen percent (18%),
829753 (3) for FY 2022, and each fiscal year thereafter,
830754 sixteen and five-tenths percent (16.5%),
831755 c. the following amounts shall be paid to the State
832756 Treasurer to be placed to the credit of the Teachers'
833757 Retirement System Dedicated Revenue Revolving Fund:
834758 Fiscal Year Amount
835759 FY 2003 and FY 2004 3.54%
836760 FY 2005 3.75%
837761 FY 2006 4.0%
838762 FY 2007 4.5%
839763 FY 2008 through FY 2020 5.0%
840764 FY 2021:
841765 (1) for the month beginning
842766 July 1, 2020, through
843767 the month ending August
844768 31, 2020 5.0%
845769 (2) for the month beginning
846770 September 1, 2020,
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873798 through the month ending
874799 June 30, 2021 3.5%
875800 FY 2022 5.0%
876801 FY 2023 through FY 2027 5.25%
877802 FY 2028 and each fiscal
878803 year thereafter 5.0%
879804 d. for FY 2003 and each fiscal year thereafter, one
880805 percent (1%) shall be placed to the credit of the Ad
881806 Valorem Reimbursement Fund; and
882807 3. "Moving five-year average for corporate income tax" means,
883808 for purposes of the apportionments prescribed by this section, the
884809 amount of income tax on corporations, as determined by the State
885810 Board of Equalization in the manner prescribed by Section 34.103 of
886811 Title 62 of the Oklahoma Statutes.
887812 SECTION 6. AMENDATORY 70 O.S. 2021, Section 3206, is
888813 amended to read as follows:
889814 Section 3206. As provided in Article XIII -A of the Constitution
890815 of Oklahoma, the State Regents shall constitute a coordinating board
891816 of control for all state educational institutions, with the
892817 following specific powers:
893818 (a) It shall prescribe standards of higher education applicable
894819 to each institution.
895820 (b) It shall determine the functions and courses of study in
896821 each of the institutions to conform to the standards prescribed.
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923849 (c) It shall grant degrees and other forms of academic
924850 recognition for completion of the prescribed courses in all of such
925851 institutions.
926852 (d) It shall recommend to the State Legislature the budget
927853 allocations to each institution.
928854 (e) It shall have the power to recommend to the Legislature
929855 proposed fees for all of such institutions, and any such fees shall
930856 be effective only within the limits prescribed by the Legislature,
931857 after taking due cognizance of expressed legislative intent.
932858 (f) It shall allocate funds to each insti tution according to
933859 its needs and functions from appropriations made by the Legislature.
934860 (g) It may coordinate pr ivate, denominational and other
935861 institutions of higher learning with the State System under
936862 regulations set forth by the State Regents.
937863 Among other powers and duties, the State Regents shall:
938864 (h) Prescribe standards for admission to, retention in, and
939865 graduation from state educational institutions.
940866 (i) Accept federal funds and grants and use the same in
941867 accordance with federal requirements; an d accept and disburse
942868 grants, gifts, devises, bequests and other monies and property from
943869 foundations, corporation s and individuals; and establish, award and
944870 disburse scholarships and scholarship funds and rewards for merit
945871 from any funds available for such purpose.
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972899 (j) Allocate revolving and other non -state-appropriated
973900 educational and general funds.
974901 (k) Transfer from one institution to another any property
975902 belonging to such institution when no longer needed by it and when
976903 needed by another institution t o accomplish its functions.
977904 (l) Prepare and publish annually a report to the Governor, the
978905 Legislature, and insti tutions, setting forth the progress, needs,
979906 and recommendations of state educational institutions and of the
980907 State Regents; conduct studies, surveys and research projects to
981908 gather information about the needs of state educational institutions
982909 and make such additional reports and recommendations as it deems
983910 necessary or as the Governor or the Legislature may direct, and
984911 publish such information o btained as may be considered worthy of
985912 dissemination.
986913 (m) Any monies which it is authorized to invest shall be
987914 invested with the care, skill, prudence, and diligence under the
988915 circumstances then prevailing that a prudent person acting in a like
989916 capacity and familiar with such matters would use in the conduct of
990917 an enterprise of a like character and with like aims.
991918 (n) Issue, on behalf of institutions within The Oklahoma State
992919 System of Higher Education, other than the University of Oklahoma
993920 and Oklahoma State University, and with the powers enumerated by
994921 this act, its obligations for purposes of such capital projects as
995922 the Regents may deem to be proper for the benefit of such
996923
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1022950 institutions. The obligations issued pursuant to the authority of
1023951 this paragraph shall be part of a comprehensive program for capital
1024952 maintenance of such institutions and the obligations shall be
1025953 special and limited obligations of the Oklahoma State Regents for
1026954 Higher Education and shall not constitute general obligations of the
1027955 State of Oklahoma.
1028956 (o) Exercise all powers necessary to comply with the provisions
1029957 of the State Agency and Higher Edu cation Capital Financing Act,
1030958 including, but not limited to, preparing and delivering annually to
1031959 the Governor, the Speaker of the Oklahoma House of Representatives,
1032960 the President Pro Tempore of the Oklahoma State Senate, the
1033961 Appropriations and Budget Chai r of the Oklahoma House of
1034962 Representatives, and the Appropriations Chair of the Oklahoma State
1035963 Senate an annual report on the infrastructure a nd construction needs
1036964 of executive branch agencies and The Oklahoma State System of Higher
1037965 Education, to be known and cited as the Higher Education Capital
1038966 Needs Five-Year Forecast.
1039967 (p) Exercise all powers necessary or convenient to accomplish
1040968 the purposes and objectives of Article XIII -A of the Constitution of
1041969 Oklahoma.
1042970 SECTION 7. AMENDATORY 51 O.S. 2021, Section 6, is
1043971 amended to read as follows:
1044972 Section 6. A. Except as may be otherwise provided, no person
1045973 holding an office und er the laws of the state and no deputy of any
1046974
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10721001 officer so holding any office shall, during the person's term of
10731002 office, hold any other office or be the deputy of any officer
10741003 holding any office, under the laws of the state. The provisions of
10751004 this section shall not apply to:
10761005 1. Notaries public;
10771006 2. Members of the State Textbook Committee;
10781007 3. County free fair board mem bers;
10791008 4. Municipal and county law enforcement officers serving in
10801009 positions as law enforcement officers of both such governmental
10811010 entities upon such terms and conditions as are mutually approved by
10821011 resolutions adopted by the board of county commissioners and
10831012 governing body of the municipality employing such officers;
10841013 5. Any person holding a county or municipal office or position,
10851014 or membership on any public trust authority, who is a member of a
10861015 board or commission that relates to federal, state, county or
10871016 municipal government and is created by the United States government,
10881017 the State of Oklahoma or a political subdivision of the state,
10891018 except where the duties of the offices or positions conflict;
10901019 6. Any elected municipal officers and school board members w ho
10911020 are appointed to a state board, commission, or similar entity if
10921021 there is no compensation for such services other than reimbursement
10931022 for necessary travel expenses pursuant to the provisions of the
10941023 State Travel Reimbursement Act;
10951024
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11211051 7. Any trustee of a pub lic trust, who is appointed as a trustee
11221052 of a different public trust or any trustee of the Tulsa County
11231053 Public Facilities Authority who may al so be employed by the
11241054 Department of Transportation;
11251055 8. Law enforcement officers employed by municipal or county l aw
11261056 enforcement departments or agencies, other than those law
11271057 enforcement officers elected or appointed as sheriff, chief of
11281058 police or some similar position in which they are the head of a
11291059 county or municipal law enforcement agency, who are elected to local
11301060 boards of education; provided, the provisions of this paragraph
11311061 shall not prohibit any law enforcement officer employed by a
11321062 municipality having a population of ten thousand (10,000) or fewer
11331063 people from serving as a member of a local board of education;
11341064 9. Any member of the Oklahoma Highway Patrol Division of the
11351065 Department of Public Safety who is elected to a local board of
11361066 education;
11371067 10. Any employee of the Oklahoma State Bureau of Investigation
11381068 who is elected to a local board of education;
11391069 11. Any District Supervisor, Assistant District Supervisor,
11401070 Team Supervisor, Parole Officer 1 or Parole Officer 2 of the
11411071 Department of Corrections who is elected or appointed to a city
11421072 council;
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11691100 12. Any trustee or director of a rural electric cooperative, or
11701101 port authority who is appointed or elected to a state, county or
11711102 municipal board, commission or similar entity;
11721103 13. County employees who are elected as members of town or city
11731104 councils;
11741105 14. Municipal, county, state or tribal law enforcement or peace
11751106 officers operating under cross -deputization agreements with an
11761107 Indian tribe or branch of the federal government;
11771108 15. Municipal or county law enforcemen t or peace officers
11781109 serving in positions as campus police officers or campus public
11791110 safety officers pursuant to th e provisions of the Oklahoma Campus
11801111 Security Act, upon such terms and conditions as are mutually
11811112 approved by resolution adopted by the governing body of the
11821113 municipality or county and the governing board of the institution of
11831114 higher education;
11841115 16. State law enforcement or peace officers serving in
11851116 positions as campus police officers or campus public safety officers
11861117 pursuant to the provisions of the Oklahoma Campus Security Act, upon
11871118 such terms and conditions as are mutually approved by written
11881119 agreement between the Commissioner of Public Safety and the
11891120 governing board of the institution of higher education;
11901121 17. Municipal, county and state law enforcement officers
11911122 serving in positions as part -time or seasonal rangers or peace
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12181150 officers under the Oklahoma Tou rism and Recreation Department or the
12191151 Grand River Dam Authority;
12201152 18. Members of the University Hospitals Authority;
12211153 19. Any person holding a state or county office or position who
12221154 is a reserve force deputy sheriff, or a reserve special agent with
12231155 the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control
12241156 or a reserve municipal police officer;
12251157 20. Any person holding a state office or position who serves as
12261158 a special assistant district attorney without compensation;
12271159 21. Any elected or appointed me mber of a local school board who
12281160 is a member of a municipal planning commission;
12291161 22. Any elected or appointed member of a local school board who
12301162 is a member or an officer of a volunteer fire department;
12311163 23. Directors or officers of a rural water district and chiefs
12321164 of municipal fire departments or rural fire districts who are
12331165 appointed or elected to an unsalaried office in a state, county,
12341166 municipal, school, or technology center school board, commission, or
12351167 similar entity, except where the duties of the o ffice would create a
12361168 conflict of interest;
12371169 24. Any person who is a dispatcher or confinement officer at a
12381170 municipal or county jail who is a n oncompensated reserve municipal
12391171 police officer or a reserve deputy sheriff;
12401172 25. Any person who is an assistant di strict attorney serving as
12411173 a municipal judge or prosecutor;
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12681201 26. Any park ranger under the Oklahoma Tourism and Recreation
12691202 Department or any game warden or reserve game warden employed by the
12701203 Department of Wildlife Conservation who is elected or appointed to a
12711204 local board of education or to a municipal governing body, board,
12721205 commission or similar entity;
12731206 27. Members of the Oklahoma State Univer sity Medical Center
12741207 Authority, the Oklahoma State University Medical Trust or the State
12751208 Board of Osteopathic Exami ners;
12761209 28. Any member of the state Legislature or any state officer
12771210 who serves on the board of trustees of the Oklahoma School for the
12781211 Visual and Performing Arts;
12791212 29. Members of the Council on Judicial Complaints; and
12801213 30. Any person who is a state employ ee but not a member of the
12811214 state military forces, including district attorneys, assistant
12821215 district attorneys, district court judges, associate district court
12831216 judges and special judges, when detailed as a military trial judge
12841217 pursuant to Section 826 of Titl e 44 of the Oklahoma Statutes or when
12851218 serving as an appellate military judge pursuant to Section 866 of
12861219 Title 44 of the Oklahoma Statutes when the Military Court of Appeals
12871220 is convened. The rules of procedure prescribed by the State Judge
12881221 Advocate pursuant to subsection L of Section 866 of Title 44 of the
12891222 Oklahoma Statutes shall define what constitutes the Military Court
12901223 of Appeals being "conve ned" for purposes of this paragraph ; and
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13171251 31. Members of the State Agency and Higher Education Capital
13181252 Needs Evaluation Committee.
13191253 The provisions of this section shall not prohibit any person
13201254 holding an office under the laws of the state or any deputy of any
13211255 officer so holding any office from serving upon the board of
13221256 Oklahoma Futures or upon the board of directors of the Oklahoma
13231257 Center for the Advancement of Science and Technology. The
13241258 provisions of this section shall not prohibit a member of the board
13251259 of directors of the Oklahoma Center for the Advancement of Science
13261260 and Technology from serving upon the board of Ok lahoma Futures.
13271261 B. Except as provided in subsection C of this section,
13281262 salaries, emoluments or benefits that would otherwise be paid by the
13291263 agency or political subdivision to a loaned employee or officer
13301264 shall instead be paid to the regular employer of su ch employee. The
13311265 loaned employee shall in turn be paid regular salary and benefits
13321266 the same as if continuing regular employment with the perm anent
13331267 employer.
13341268 C. Any person excepted pursuant to paragraph 30 of subsection A
13351269 of this section, when retained as a military trial judge or when
13361270 serving as a military appellate judge when the Military Court of
13371271 Appeals is convened, shall be entitled to military judicial leave in
13381272 accordance with Section 209 of Title 44 of the Oklahoma Statutes.
13391273 SECTION 8. This act shall become effective July 1, 2024.
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13661301 SECTION 9. It being immediately necessary for the preservation
13671302 of the public peace, health or safety, an emergency is hereby
13681303 declared to exist, by reason whereof this act shall take effect and
13691304 be in full force from and after its passage and approval.
1370-Passed the House of Representatives the 12th day of March, 2024.
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1375- Presiding Officer of the House
1376- of Representatives
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1380-Passed the Senate the ___ day of __________, 2024.
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1385- Presiding Officer of the Senate
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1305+COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS
1306+April 18, 2024 - DO PASS