Oklahoma 2024 Regular Session

Oklahoma Senate Bill SB1120 Compare Versions

Version 1 (Old)

Version 2 (New)

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4		-	An Act
5		-	ENROLLED SENATE
6		-	BILL NO. 1120 By: Thompson (Roger), Hall,
7		-	Stephens, and Pugh of the
8		-	Senate
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
	30	+
	31	+	STATE OF OKLAHOMA
	32	+
	33	+	1st Session of the 59th Legislature (2023)
	34	+
	35	+	ENGROSSED SENATE
	36	+	BILL NO. 1120 By: Thompson (Roger) and Hall
	37	+	of the Senate
9	38
10	39		and
11	40
12	41		Wallace and Martinez of the
13	42		House
14	43
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18	47		An Act relating to the State Board of Education;
19	48		amending 70 O.S. 2021, Section 3 -104, which relates
20	49		to the powers and duti es of the State Board of
21	50		Education; requiring the State Department of
22	51		Education to make certain deter mination; modifying
23	52		procedure to be used in making det ermination;
24	53		defining terms; providin g limitation on reduction of
25	54		funding in the event of a revenue fa ilure; updating
26	55		statutory language and reference; amending 68 O.S.
27	56		2021, Section 1353, as last amended by Section 3,
28	57		Chapter 412, O.S.L. 2022 (68 O.S. Supp. 2022, Section
29	58		1353), which relates to sales tax; deleting certain
30	59		apportionments; providing an effective date; and
31	60		declaring an emergency.
32	61
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36		-	SUBJECT: State Board of Education
37		-
38	65		BE IT ENACTED BY THE PEOPLE OF T HE STATE OF OKLAHOMA:
39		-
40	66		SECTION 1. AMENDATORY 7 0 O.S. 2021, Section 3-104, is
41	67		amended to read as follows:
42		-
43	68		Section 3-104. A. The supervision of the public school system
44	69		of Oklahoma shall be vested in the State Board of Education and,
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45	97		subject to limitations otherwise provided by law, the State Board of
46	98		Education shall:
47		-
48		-	ENR. S. B. NO. 1120 Page 2
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50	99		1. Adopt policies and make rules for the operation of the
51	100		public school system of the state;
52		-
53	101		2. Appoint, prescribe the duties, and fix the compensation of a
54	102		secretary, an attorney , and all other person nel necessary for the
55	103		proper performance of the functions of the State Board of Education.
56	104		The secretary shall not be a member of the B oard;
57		-
58	105		3. Submit to the Governor a departmental budget based upon
59	106		major functions of the Departmen t as prepared by the State
60	107		Superintendent of Public Instr uction and supported by detailed data
61	108		on needs and proposed operations as partially determined by the
62	109		budgetary needs of local school districts filed with the State Board
63	110		of Education for the ensuing fiscal year. Appropr iations therefor
64	111		shall be made in lump-sum form for each major item in the budget as
65	112		follows:
66		-
67	113		a. State Aid to schools,
68		-
69	114		b. the supervision of all other functions of general and
70	115		special education including general control, free
71	116		textbooks, school lunch, India n education, and all
72	117		other functions of the Board and an amount sufficient
73	118		to adequately staff and administer these services, and
74		-
75	119		c. the Board shall determine the details by which the
76	120		budget and the appropriations are administered.
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77	148		Annually, the Board sha ll make preparations to
78	149		consolidate all of the functions of the Department in
79	150		such a way that the budget can be based on two items,
80	151		administration and aid to schools. A maximum amount
81	152		for administration shall be designated as a part of
82	153		the total appropriation;
83		-
84	154		4. On the first day of Decem ber preceding each regular session
85	155		of the Legislature, prepare and deliver to the Governor and the
86	156		Legislature a report for the year ending June 30 immediately
87	157		preceding the regular session of the Le gislature. The report shall
88	158		contain:
89		-
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91		-	ENR. S. B. NO. 1120 Page 3
92	159		a. detailed statistics and other information concerning
93	160		enrollment, attendance, expenditures including State
94	161		Aid, and other pertinent data for all public schools
95	162		in this state,
96		-
97	163		b. reports from each and every division w ithin the State
98	164		Department of Education as submitted by t he State
99	165		Superintendent of Public Instruction and any other
100	166		division, department, institution , or other agency
101	167		under the supervision of the Board,
102		-
103	168		c. recommendations for the improvement of the public
104	169		school system of the state,
105		-
106	170		d. a statement of the receip ts and expenditures of the
107	171		State Board of Education for the past year, and
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109	199		e. a statement of plans an d recommendations for the
110	200		management and improvement of public schools and such
111	201		other information relating to the educat ional
112	202		interests of the state as may be deemed necessary and
113	203		desirable;
114		-
115	204		5. Provide for the formulation and adoption of curricula,
116	205		courses of study, and other instructional aids necessary for the
117	206		adequate instruction of pupils in the p ublic schools;
118		-
119	207		6. Have authority in matters pertaining t o the licensure and
120	208		certification of persons for instructional, supervisory , and
121	209		administrative posit ions and services in the public schools of the
122	210		state subject to the provisions of Section 6 -184 of this title, and
123	211		shall formulate rules governing the issu ance and revocation of
124	212		certificates for superintendents of schools, principals,
125	213		supervisors, libraria ns, clerical employees, school nurses, school
126	214		bus drivers, visiting teachers, classroom teachers , and for other
127	215		personnel performing instructional, adminis trative, and supervisory
128	216		services, but not including members of boards of education and other
129	217		employees who do not work directly with pupils, and may charge and
130	218		collect reasonable fees for the issuan ce of such certificate s:
131		-
132	219		a. the State Department of Educa tion shall not issue a
133	220		certificate to and shall revoke the certificate of any
134		-
135		-	ENR. S. B. NO. 1120 Page 4
136	221		person who has been con victed, whether upon a verdict
137	222		or plea of guilty or upon a plea of nolo contendere,
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138	250		or received a suspended sentence or any probationary
139	251		term for a crime or an attempt to commit a crime
140	252		provided for in Section 843.5 of Title 21 of the
141	253		Oklahoma Statutes if the offense involved sexual abuse
142	254		or sexual exploitation as those terms are defined in
143	255		Section 1-1-105 of Title 10A of t he Oklahoma Statutes,
144	256		Section 741, 843.1, if the offense included sexual
145	257		abuse or sexual exploitation, 865 et seq., 885, 888,
146	258		891, 1021, 1021.2, 1021.3, 1040.13a, 1087, 1088,
147	259		1111.1, 1114 or 1123 of Title 21 of the Oklahoma
148	260		Statutes or who enters this stat e and who has been
149	261		convicted, received a suspended sentence, or received
150	262		a deferred judgment for a crime or attempted crime
151	263		which, if committed or attempted in this state, would
152	264		be a crime or an attempt to commit a crime provided
153	265		for in any of said the laws,
154		-
155	266		b. all funds collected by the St ate Department of
156	267		Education for the issuance of certificates to
157	268		instructional, supervisory , and administrative
158	269		personnel in the public schools of the state shall be
159	270		deposited in the “Teachers’ Certificate Fund” in the
160	271		State Treasury and may be expended by the State Board
161	272		of Education to finance the activities of the State
162	273		Department of Education necessary to administer the
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163	301		program, for consultative services, publication costs,
164	302		actual and necessary tra vel expenses as provid ed in
165	303		the State Travel Reimbursemen t Act incurred by persons
166	304		performing research work, and other expenses found
167	305		necessary by the State B oard of Education for the
168	306		improvement of the preparation and certification of
169	307		teachers in Oklahoma . Provided, any unobl igated
170	308		balance in the Teachers ’ Certificate Fund in excess of
171	309		Ten Thousand Dollars ($10,000.00) on June 30 of any
172	310		fiscal year shall be t ransferred to the General
173	311		Revenue Fund of the State of Oklahoma this state.
174	312		Until July 1, 1997, t he State Board of Educ ation shall
175	313		have authority for appr oval of teacher education
176	314		programs. The State Board of Education shall also
177	315		have authority for the a dministration of teacher
178		-
179		-	ENR. S. B. NO. 1120 Page 5
180	316		residency and professional development, subject to the
181	317		provisions of the Oklahoma Teacher Prepa ration Act;
182		-
183	318		7. Promulgate rules go verning the classification, inspection,
184	319		supervision, and accrediting of all public nursery, kindergar ten,
185	320		elementary and secondary schools, and on-site educational services
186	321		provided by public school districts or state-accredited private
187	322		schools in partial hospitalization programs, day treatment programs,
188	323		and day hospital programs as defined in this act fo r persons between
189	324		the ages of three (3) and twenty-one (21) years of age in the state.
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190	352		However, no school shall be deni ed accreditation solely on the basi s
191	353		of average daily attendance.
192		-
193	354		Any school district which maintains an elementary school and
194	355		faces the necessity of relocating its school facilities because of
195	356		construction of a lake, either by state or federal authority, which
196	357		will inundate the school faci lities, shall be entitled to receive
197	358		probationary accreditation from the State Board of Education for a
198	359		period of five (5) years after the effective date of this act
199	360		September 5, 1975, and any school district, otherwise quali fied,
200	361		shall be entitled to rece ive probationary accreditation from the
201	362		State Board of Education for a period of two (2) consecutive years
202	363		to attain the minimum average daily attendance. The Head Start and
203	364		public nurseries or kinderga rtens operated from Co mmunity Action
204	365		Program funds shall not be subjected to the accrediting rules of the
205	366		State Board of Education. Neither will the Stat e Board of Education
206	367		make rules affecting the operation of the public nurseries and
207	368		kindergartens operated from federal fund s secured through Community
208	369		Action Programs even though they may be operating in the public
209	370		schools of the state. However, any of t he Head Start or public
210	371		nurseries or kindergartens operated under federal regulations may
211	372		make application for accrediting f rom the State Board of Educatio n
212	373		but will be accredited only if application for the approval of the
213	374		programs is made. The status of no school district shall be changed
214	375		which will reduce it to a lower classification until due notice h as
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215	403		been given to the proper authorities thereof and a n opportunity
216	404		given to correct the conditions which otherwise would be the cause
217	405		of such reduction.
218		-
219	406		Private and parochial schools may be accredited and classified
220	407		in like manner as public schools or, if an accrediting associa tion
221	408		is approved by the State B oard of Education, by procedures
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223		-	ENR. S. B. NO. 1120 Page 6
224	409		established by the State Board of Education to accept accreditation
225	410		by such accrediting association, if application is made to the State
226	411		Board of Education for such accre diting;
227		-
228	412		8. Be the legal agent of the State of Oklaho ma to accept, in
229	413		its discretion, the provisions of any Act of Congress appropriating
230	414		or apportioning funds which are now, or may hereafter be, provided
231	415		for use in connection with any phase of the system of public
232	416		education in Oklahoma. It shall prescribe such rules as it finds
233	417		necessary to provide for the proper distribution of such funds in
234	418		accordance with the state and federal laws;
235		-
236	419		9. Be and is specifically hereby designated as the agency of
237	420		this state to cooperate and de al with any officer, board , or
238	421		authority of the United States Government under any law of the
239	422		United States which may require or rec ommend cooperation with any
240	423		state board having charge of the administration of public schools
241	424		unless otherwise provided by l aw;
242		-
243	425		10. Be and is hereby desig nated as the “State Educational
244	426		Agency” referred to in Public Law 396 of the 79th Congress of the
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245	454		United States, which law states that said the act may be cited as
246	455		the “National School Lunch Act ”, and said the State Board of
247	456		Education is hereby authorized and directed to accept the terms and
248	457		provisions of said the act and to enter into such agreements, no t in
249	458		conflict with the Constitution of Oklahoma or the Constitution and
250	459		Statutes of the United States, as may be necessary o r appropriate to
251	460		secure for the State of Oklahoma this state the benefits of the
252	461		school lunch program established and referred to in said the act;
253		-
254	462		11. Have authority to secure and administer the benefits of the
255	463		National School Lunch Act, Public Law 396 of the 79th Congress of
256	464		the United States, in the State of Oklahoma this state and is hereby
257	465		authorized to employ or appoint and fix t he compensation of such
258	466		additional officers or employees and to incur such expenses as may
259	467		be necessary for the accomplishme nt of the above purpose, admini ster
260	468		the distribution of any state funds appropriated by the Legislature
261	469		required as federal matching to reimburse on children’s meals;
262		-
263	470		12. Accept and provide for the administration of any land,
264	471		money, buildings, gifts, dona tion, or other things of value which
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267	472		may be offered or bequeathed to the schools under the supervision or
268	473		control of said the Board;
269		-
270	474		13. Have authority to require persons having administrative
271	475		control of all school districts in Oklahoma to make such regul ar and
272	476		special reports regardin g the activities of the schools in said the
273	477		districts as the Board may deem needful for the proper ex ercise of
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274	505		its duties and functions. Such authority shall include the right of
275	506		the State Board of Education to withhold all state funds under its
276	507		control, to withhold official recognition, including accrediting,
277	508		until such required reports have been filed and accepted in the
278	509		office of said the Board and to revoke the certificates of persons
279	510		failing or refusing to make such repo rts;
280		-
281	511		14. Have general supervis ion of the school lunch program. The
282	512		State Board of Education may sponsor workshops for personnel an d
283	513		participants in the school lunch program and may develop, print, and
284	514		distribute free of charge or sell any materials, book s, and
285	515		bulletins to be used in such the school lunch programs. There is
286	516		hereby created in the State Treasury a revolving fund for t he Board,
287	517		to be designated the School Lunch Workshop Revolving Fund. The fund
288	518		shall consist of all fees derived from or on behalf of any
289	519		participant in any such workshop sponsored by the State Boar d of
290	520		Education, or from the sale of any materials, books , and bulletins,
291	521		and such funds shall be disbursed for expenses of such workshops and
292	522		for developing, printing , and distributing of such the materials,
293	523		books, and bulletins relating to the school lunc h program. The fund
294	524		shall be administered in accordance w ith Section 155 of Title 62 of
295	525		the Oklahoma Statutes;
296		-
297	526		15. Prescribe all forms for school district and county officers
298	527		to report to the State Board of Educ ation where required. The State
299	528		Board of Education shall also prescribe a list of appropriation
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300	556		accounts by which the funds of school districts shall be budgeted,
301	557		accounted for, and expended; and it shall be the duty of the State
302	558		Auditor and Inspector in prescribing all budgeting, accounting , and
303	559		reporting forms for school funds to conform to such lists;
304		-
305	560		16. Provide for the establishment of a uniform system of pupil
306	561		and personnel accounting, records , and reports;
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310	562		17. Have authority to provide for the hea lth and safety of
311	563		school children and schoo l personnel while under the jurisdiction of
312	564		school authorities;
313		-
314	565		18. Provide for the supervision of the transportation of
315	566		pupils;
316		-
317	567		19. Have authority, upon request of the local schoo l board, to
318	568		act in behalf of the public schools of the state in the purcha se of
319	569		transportation equipment;
320		-
321	570		20. Have authority and is hereby required to perform all duties
322	571		necessary to the administration of the public school system in
323	572		Oklahoma as specified in the Oklahoma School Code; an d, in addition
324	573		thereto, those duties not sp ecifically mentioned herein if not
325	574		delegated by law to any other agency or official;
326		-
327	575		21. Administer the State Public Common School Building
328	576		Equalization Fund established by Section 32 of Article X of the
329	577		Oklahoma Constitution. Any monies as may be approp riated or
330	578		designated by the Legislature, other than ad val orem taxes, any
331	579		other funds identified by the State Department of Education, which
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	585	+	4
	586	+	5
	587	+	6
	588	+	7
	589	+	8
	590	+	9
	591	+	10
	592	+	11
	593	+	12
	594	+	13
	595	+	14
	596	+	15
	597	+	16
	598	+	17
	599	+	18
	600	+	19
	601	+	20
	602	+	21
	603	+	22
	604	+	23
	605	+	24
	606	+
332	607		may include, but not be limited to, grant s-in-aid from the federal
333	608		government for building purposes, the proceeds o f all property that
334	609		shall fall to the state by escheat, pe nalties for unlawful holding
335	610		of real estate by corporations, and capital gains on assets of the
336	611		permanent school funds, shal l be deposited in the State Pub lic
337	612		Common School Building Equalization Fun d. The fund shall be used to
338	613		aid school districts and cha rter schools in acquiring buildings,
339	614		subject to the limitations fixed by Section 32 of Article X of the
340	615		Oklahoma Constitutio n. It is hereby declared that the term
341	616		“acquiring buildings” as used in Section 32 of Article X of the
342	617		Oklahoma Constitution shall mean acquiring or improving school
343	618		sites, constructing, repairing, remodeling , or equipping buildings,
344	619		or acquiring school f urniture, fixtures, or equipmen t. It is hereby
345	620		declared that the term “school districts” as used in Section 32 of
346	621		Article X of the Oklahoma Constitution shall mean school districts
347	622		and eligible charter schools as defined in subsection B of this
348	623		section. The State Board of Education sh all disburse redbud school
349	624		grants annually from the State Public Common School Building
350	625		Equalization Fund to public schools and eligible charter schools
351	626		pursuant to subsection B of this section. The Board shall
352		-
353		-	ENR. S. B. NO. 1120 Page 9
354	627		promulgate rules for the implementation of d isbursing redbud school
355	628		grants pursuant to this section. The State Board of Education shall
356	629		prescribe rules for making grants of aid from, and for otherwise
357	630		administering, the fund pursuant to the provisions of this
	631	+
	632	+	SB1120 HFLR Page 13
	633	+	BOLD FACE denotes Committee Amendments. 1
	634	+	2
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	636	+	4
	637	+	5
	638	+	6
	639	+	7
	640	+	8
	641	+	9
	642	+	10
	643	+	11
	644	+	12
	645	+	13
	646	+	14
	647	+	15
	648	+	16
	649	+	17
	650	+	18
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	652	+	20
	653	+	21
	654	+	22
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	657	+
358	658		paragraph, and may employ and fix the d uties and compensation of
359	659		technicians, aides, clerks, stenographers, attorneys , and other
360	660		personnel deemed necessary to carry out the provisions of this
361	661		paragraph. The cost of administering the fund shall be paid from
362	662		monies appropriated to the State Boar d of Education for the
363	663		operation of the Sta te Department of Education. From monies
364	664		apportioned to the fund, the State Department of Education may
365	665		reserve not more than one -half of one percent (1/2 of 1%) for
366	666		purposes of administering the fund;
367		-
368	667		22. Recognize that the Director of the Oklahoma Depar tment of
369	668		Corrections shall be the administrative authority for the schools
370	669		which are maintained in the state reformatories and shall appoint
371	670		the principals and teachers in such schoo ls. Provided, that rules
372	671		of the State Board of Education for the classifi cation, inspection,
373	672		and accreditation of public schools sh all be applicable to such
374	673		schools; and such schools shall comply with standards set by the
375	674		State Board of Education; and
376		-
377	675		23. Have authority to administer a revolving fund which is
378	676		hereby created in the State Treasury, to be designated the
379	677		Statistical Services Revolving Fund. The fund shall consist of all
380	678		monies received from the various school districts of the state, the
381	679		United States Government, and other sources for the purpose of
382	680		furnishing or financing statistical services and for any other
383	681		purpose as designated by the Legislature. The State Board of
	682	+
	683	+	SB1120 HFLR Page 14
	684	+	BOLD FACE denotes Committee Amendments. 1
	685	+	2
	686	+	3
	687	+	4
	688	+	5
	689	+	6
	690	+	7
	691	+	8
	692	+	9
	693	+	10
	694	+	11
	695	+	12
	696	+	13
	697	+	14
	698	+	15
	699	+	16
	700	+	17
	701	+	18
	702	+	19
	703	+	20
	704	+	21
	705	+	22
	706	+	23
	707	+	24
	708	+
384	709		Education is hereby authorized to enter into agreements with school
385	710		districts, municipalities, the Unit ed States Government,
386	711		foundations, and other agencies or individuals for services,
387	712		programs, or research projects. The Statistical Services Revolving
388	713		Fund shall be administered in accordance with Section 155 of Title
389	714		62 of the Oklahoma Statutes.
390		-
391	715		B. 1. The redbud school grants shall be determined by the
392	716		State Department of Education as follows:
393		-
394		-
395		-	ENR. S. B. NO. 1120 Page 10
396	717		a. divide the county four-mill levy revenue by four to
397	718		determine the nonchargeable county four -mill revenue
398	719		for each school district ,
399		-
400	720		b. determine the amount of ne w revenue generated by the
401	721		five-mill building fund levy as authorized by Section
402	722		10 of Article X of t he Oklahoma Constitution for each
403	723		school district as reported in the Oklahoma Cost
404	724		Accounting System for the preceding fisca l year,
405		-
406	725		c. add the amounts calc ulated in subparagraphs a and b of
407	726		this paragraph to determine the nonchargeable millage
408	727		for each school district,
409		-
410	728		d. add the nonchargeable millage in each district
411	729		statewide as calculated in subparagraph c of this
412	730		paragraph and divide the total by the ave rage daily
413	731		membership in public schools sta tewide based on the
414	732		preceding school year ’s average daily membership,
	733	+
	734	+	SB1120 HFLR Page 15
	735	+	BOLD FACE denotes Committee Amendments. 1
	736	+	2
	737	+	3
	738	+	4
	739	+	5
	740	+	6
	741	+	7
	742	+	8
	743	+	9
	744	+	10
	745	+	11
	746	+	12
	747	+	13
	748	+	14
	749	+	15
	750	+	16
	751	+	17
	752	+	18
	753	+	19
	754	+	20
	755	+	21
	756	+	22
	757	+	23
	758	+	24
	759	+
415	760		according to the provisions of Section 18-107 of this
416	761		title. This amount is the statewide nonchargeable
417	762		millage per student, known as the base line local
418	763		funding per student,
419		-
420	764		e. all eligible charter schools shall be included in
421	765		these calculations as unique school districts,
422	766		separate from the school district that may sponsor the
423	767		eligible charter school, and the total number of
424	768		districts shall be u sed to determine the statewide
425	769		average baseline local funding per student,
426		-
427	770		f. for each school distric t or eligible charter school
428	771		which is below the baseline local funding per student,
429	772		the Department shall subtract the baseli ne local
430	773		funding per student fr om the average nonchargeable
431	774		millage per student of the school district or eligible
432	775		charter school to determine the nonchargeable millage
433	776		per student shortfall for each district, and
434		-
435	777		g. the nonchargeable millage per student shortfall f or a
436	778		school district or eligible charter school shall be
437	779		multiplied by the average daily membership of th e
438		-
439		-	ENR. S. B. NO. 1120 Page 11
440	780		preceding school year of the eligible school district
441	781		or eligible charter school. This amount shall be the
442	782		redbud school grant amount for the school district or
443	783		eligible charter school, and
	784	+
	785	+	SB1120 HFLR Page 16
	786	+	BOLD FACE denotes Committee Amendments. 1
	787	+	2
	788	+	3
	789	+	4
	790	+	5
	791	+	6
	792	+	7
	793	+	8
	794	+	9
	795	+	10
	796	+	11
	797	+	12
	798	+	13
	799	+	14
	800	+	15
	801	+	16
	802	+	17
	803	+	18
	804	+	19
	805	+	20
	806	+	21
	807	+	22
	808	+	23
	809	+	24
444	810
445	811		h. if the appropriation for each fiscal year by the
446	812		Legislature to the State Public Common School Building
447	813		Equalization Fund created in Sect ion 32, Article X of
448	814		the Oklahoma Constitution exceeds the amount necessary
449	815		to provide the redbud school grants in the amounts as
450	816		calculated pursuant to the provisions of subparagraph
451	817		g of this paragraph, the redbud school grant amounts
452	818		shall be determined by :
453		-
454	819		(1) calculating the highest possible percentile to
455	820		the hundredth decimal place of the nonchargeable
456	821		millage per student shortfall for all school
457	822		districts and eligible charter schools with the
458	823		available funds, and
459		-
460	824		(2) the nonchargeable millage per student shortfall
461	825		for each district shall be subtracted by the
462	826		highest possible percentile to the hundredth
463	827		decimal place. The total of this calculation
464	828		shall be multiplied by the preceding school
465	829		year’s average daily membership, according to the
466	830		provisions of Section 18 -107 of this title.
467		-
468	831		This amount shall be the redbud school grant amount
469	832		for the school district or eligible charter s chool for
470	833		that fiscal year.
	834	+
	835	+	SB1120 HFLR Page 17
	836	+	BOLD FACE denotes Committee Amendments. 1
	837	+	2
	838	+	3
	839	+	4
	840	+	5
	841	+	6
	842	+	7
	843	+	8
	844	+	9
	845	+	10
	846	+	11
	847	+	12
	848	+	13
	849	+	14
	850	+	15
	851	+	16
	852	+	17
	853	+	18
	854	+	19
	855	+	20
	856	+	21
	857	+	22
	858	+	23
	859	+	24
471	860
472	861		2. For fiscal year 2022, monies for the redbud school grants
473	862		shall be expended fro m the funds apportioned pursuant to Section 2
474	863		Section 426 of this act Title 63 of the Oklahoma Statutes. For
475	864		fiscal year 2023 and each subsequent fiscal year, monies for the
476	865		redbud school grants shall be appropriated pursuant to Section 2 of
477	866		this act, not to exceed three-fourths (3/4) of the tax collected in
478	867		the preceding fiscal year pursuant to Section 426 of Title 63 of the
479	868		Oklahoma Statutes as determin ed by the Oklahoma Tax Commission. For
480	869		fiscal year 2023 and each subsequent fiscal year, if such
481	870		appropriated funds are insufficient to fund the redbud scho ol
482		-
483		-	ENR. S. B. NO. 1120 Page 12
484	871		grants, then an additional apportionment of funds shall be made from
485	872		sales tax collections as pr ovided by subsection D of Section 3 of
486	873		this act. If both funds are insufficient, the Department shall
487	874		promulgate rules to permit a decrease to the baseline local funding
488	875		per student to the highest amount allowed with the funding
489	876		available.
490		-
491	877		3. As used in this section, “eligible charter school ” shall
492	878		mean a charter school which is sponsored pursuant to the provisions
493	879		of the Oklahoma Charter School Schools Act. Provided, however,
494	880		“eligible charter school” shall not include a charter school
495	881		sponsored by the Statewide Virtual Charter School Board but shall
496	882		only include those which provide in-person or blended instruction,
497	883		as provided by Section 1 -111 of this title, to not less than two-
	884	+
	885	+	SB1120 HFLR Page 18
	886	+	BOLD FACE denotes Committee Amendments. 1
	887	+	2
	888	+	3
	889	+	4
	890	+	5
	891	+	6
	892	+	7
	893	+	8
	894	+	9
	895	+	10
	896	+	11
	897	+	12
	898	+	13
	899	+	14
	900	+	15
	901	+	16
	902	+	17
	903	+	18
	904	+	19
	905	+	20
	906	+	21
	907	+	22
	908	+	23
	909	+	24
	910	+
498	911		thirds (2/3) of students as the primary means of instructional
499	912		service delivery.
500		-
501	913		4. The Department shall develop a program to acknowledge the
502	914		redbud school grant recipients and shall include elected members of
503	915		the Oklahoma House of Representatives and Oklahoma State Senate who
504	916		represent the school districts and eligible charter schools.
505		-
506	917		5. The Department shall creat e a dedicated page on its website
507	918		listing annual redbud school g rant recipients, amount awarded to
508	919		each recipient, and other pertinent information about the Redbud
509	920		School Funding Act.
510		-
511	921		6. The Department shall provide the Chair of the House
512	922		Appropriations and Budget Committee and the Chair of the Senate
513	923		Appropriations Committee no later than February 1 of each year with
514	924		an estimate of the upcoming year’s redbud school grant allocation as
515	925		prescribed by this section.
516		-
517	926		7. In the event of a failure of revenue pursuant to the
518	927		Oklahoma State Finance Act, the redbud grants otherwise authorized
519	928		in subsection B of this section shall be reduced proportionately to
520	929		the reduction in the amount of money appropriated to the State Board
521	930		of Education for the financial support of public schools for the
522	931		fiscal year in which the failure of revenue occurs.
523		-
524		-
525		-	ENR. S. B. NO. 1120 Page 13
526	932		SECTION 2. AMENDATORY 68 O.S. 2021, Section 1353, as
527	933		last amended by Section 3, Chapter 412, O.S.L. 2022 (68 O.S. Supp.
528	934		2022, Section 1353), is amended to read as follows:
	935	+
	936	+	SB1120 HFLR Page 19
	937	+	BOLD FACE denotes Committee Amendments. 1
	938	+	2
	939	+	3
	940	+	4
	941	+	5
	942	+	6
	943	+	7
	944	+	8
	945	+	9
	946	+	10
	947	+	11
	948	+	12
	949	+	13
	950	+	14
	951	+	15
	952	+	16
	953	+	17
	954	+	18
	955	+	19
	956	+	20
	957	+	21
	958	+	22
	959	+	23
	960	+	24
529	961
530	962		Section 1353. A. It is hereby declared to be the purpose of
531	963		the Oklahoma Sales Tax Code to provide funds for the financing of
532	964		the program provided for by the Oklahoma Social Security Act and to
533	965		provide revenues for the support of the functions of the state
534	966		government of Oklahoma, and for this purpose it is hereby expressly
535	967		provided that, revenues derived pursuant to the provisions of the
536	968		Oklahoma Sales Tax Code, subject to the apportionment requirements
537	969		for the Oklahoma Tax Commission and Office of Management and
538	970		Enterprise Services Joint Computer Enhancement Fund provided by
539	971		Section 265 of this title, shall be apportioned as follows:
540		-
541	972		1. Except as provided in subsections subsection C and D of this
542	973		section, the following amounts shall be paid to the State Treasurer
543	974		to be placed to the credit of the General Revenue Fund to be paid
544	975		out pursuant to direct appropriation by the Legislature:
	976	+	Fiscal Year Amount
	977	+	FY 2003 and FY 2004 86.04%
	978	+	FY 2005 85.83%
	979	+	FY 2006 85.54%
	980	+	FY 2007 85.04%
	981	+	FY 2008 through FY 2022 83.61%
	982	+	FY 2023 through FY 2027 83.36%
	983	+	FY 2028 and each fiscal year thereafter 83.61%;
545	984
546		-	Fiscal Year Amount
547		-
548		-	FY 2003 and FY 2004 86.04%
549		-
550		-	FY 2005 85.83%
551		-
552		-	FY 2006 85.54%
553		-
554		-	FY 2007 85.04%
555		-
556		-	FY 2008 through FY 2022 83.61%
557		-
558		-	FY 2023 through FY 2027 83.36%
559		-
560		-	FY 2028 and each fiscal year thereafter 83.61%;
	985	+	SB1120 HFLR Page 20
	986	+	BOLD FACE denotes Committee Amendments. 1
	987	+	2
	988	+	3
	989	+	4
	990	+	5
	991	+	6
	992	+	7
	993	+	8
	994	+	9
	995	+	10
	996	+	11
	997	+	12
	998	+	13
	999	+	14
	1000	+	15
	1001	+	16
	1002	+	17
	1003	+	18
	1004	+	19
	1005	+	20
	1006	+	21
	1007	+	22
	1008	+	23
	1009	+	24
561	1010
562	1011		2. The following amounts shall be paid to the State Treasurer
563	1012		to be placed to the credit of the Education Reform Revolving Fund of
564	1013		the State Department of Education:
565		-
566	1014		a. for FY 2003, FY 2004 and FY 2005, ten and forty-two
567	1015		one-hundredths percent (10.42%),
568		-
569		-	ENR. S. B. NO. 1120 Page 14
570		-
571	1016		b. for FY 2006 through FY 2020, ten and forty-six one-
572	1017		hundredths percent (10.46%),
573		-
574	1018		c. for FY 2021:
575		-
576	1019		(1) for the month beginning July 1, 2020, through the
577	1020		month ending August 31, 2020, ten and forty-six
578	1021		one-hundredths percent (10.46%), and
579		-
580	1022		(2) for the month beginning September 1, 2020,
581	1023		through the month ending June 30, 2021, eleven
582	1024		and ninety-six one-hundredths percent (11.96%),
583		-
584	1025		d. for FY 2022 and each fiscal year thereafter, ten and
585	1026		forty-six one-hundredths percent (10.46%);
586		-
587	1027		3. The following amounts shall be paid to the State Treasurer
588	1028		to be placed to the credit of the Teachers’ Retirement System
589	1029		Dedicated Revenue Revolving Fund:
590		-
591	1030		Fiscal Year Amount
592		-
593	1031		FY 2003 and FY 2004 3.54%
594		-
595	1032		FY 2005 3.75%
596		-
597	1033		FY 2006 4.0%
598		-
599	1034		FY 2007 4.5%
600	1035
	1036	+	SB1120 HFLR Page 21
	1037	+	BOLD FACE denotes Committee Amendments. 1
	1038	+	2
	1039	+	3
	1040	+	4
	1041	+	5
	1042	+	6
	1043	+	7
	1044	+	8
	1045	+	9
	1046	+	10
	1047	+	11
	1048	+	12
	1049	+	13
	1050	+	14
	1051	+	15
	1052	+	16
	1053	+	17
	1054	+	18
	1055	+	19
	1056	+	20
	1057	+	21
	1058	+	22
	1059	+	23
	1060	+	24
	1061	+
601	1062		FY 2008 through FY 2020 5.0%
602		-
603	1063		FY 2021:
604		-
605	1064		a. for the month beginning July
606	1065		1, 2020, through the month
607	1066		ending August 31, 2020 5.0%
608		-
609	1067		b. for the month beginning
610	1068		September 1, 2020, through
611		-
612		-	ENR. S. B. NO. 1120 Page 15
613	1069		the month ending June 30,
614	1070		2021 3.5%
615		-
616	1071		FY 2022 5.0%
617		-
618	1072		FY 2023 through FY 2027 5.25%
619		-
620	1073		FY 2028 and each fiscal year thereafter 5.0%;
621		-
622	1074		4. a. except as otherwise provided in subparagraph b of this
623	1075		paragraph, for the fiscal year beginning July 1, 2022,
624	1076		and for each fiscal year thereafter, eighty-seven one-
625	1077		hundredths percent (0.87%) shall be paid to the State
626	1078		Treasurer to be further apportioned as follows:
627		-
628	1079		(1) twenty-four percent (24%) shall be placed to the
629	1080		credit of the Oklahoma Tourism Promotion
630	1081		Revolving Fund, but in no event shall such
631	1082		apportionment exceed Five Million Dollars
632	1083		($5,000,000.00) in any fiscal year,
633		-
634	1084		(2) forty-four percent (44%) shall be placed to the
635	1085		credit of the Oklahoma Tourism Capital
	1086	+
	1087	+	SB1120 HFLR Page 22
	1088	+	BOLD FACE denotes Committee Amendments. 1
	1089	+	2
	1090	+	3
	1091	+	4
	1092	+	5
	1093	+	6
	1094	+	7
	1095	+	8
	1096	+	9
	1097	+	10
	1098	+	11
	1099	+	12
	1100	+	13
	1101	+	14
	1102	+	15
	1103	+	16
	1104	+	17
	1105	+	18
	1106	+	19
	1107	+	20
	1108	+	21
	1109	+	22
	1110	+	23
	1111	+	24
	1112	+
636	1113		Improvement Revolving Fund, but in no event shall
637	1114		such apportionment exceed Nine Million Dollars
638	1115		($9,000,000.00) in any fiscal year, and
639		-
640	1116		(3) thirty-two percent (32%) shall be placed to th e
641	1117		credit of the Oklahoma Route 66 Commission
642	1118		Revolving Fund, but in no event shall such
643	1119		apportionment exceed Six Million Six Hundred
644	1120		Thousand Dollars ($6,600,000.00) in any fiscal
645	1121		year, and
646		-
647	1122		b. any amounts which exceed the limitations of
648	1123		subparagraph a of this paragraph shall be placed to
649	1124		the credit of the General Revenue Fund; and
650		-
651	1125		5. For the fiscal year beginning July 1, 2015, and for each
652	1126		fiscal year thereafter, six one-hundredths percent (0.06%) shall be
653	1127		placed to the credit of the Oklahoma Historical Society Capital
654	1128		Improvement and Operations Revolving Fund, but in no event shall
655		-
656		-	ENR. S. B. NO. 1120 Page 16
657	1129		such apportionment exceed the total amount apportioned pursuant to
658	1130		this paragraph for the fiscal year ending on June 30, 2015. Any
659	1131		amounts which exceed the limitations of this paragraph shall be
660	1132		placed to the credit of the General Revenue Fund.
661		-
662	1133		B. Provided, for the fiscal year beginning July 1, 2007, and
663	1134		every fiscal year thereafter, an amount of revenue shall be
664	1135		apportioned to each municipality or county which levies a sales tax
665	1136		subject to the provisions of Section 1357.10 of this title and
	1137	+
	1138	+	SB1120 HFLR Page 23
	1139	+	BOLD FACE denotes Committee Amendments. 1
	1140	+	2
	1141	+	3
	1142	+	4
	1143	+	5
	1144	+	6
	1145	+	7
	1146	+	8
	1147	+	9
	1148	+	10
	1149	+	11
	1150	+	12
	1151	+	13
	1152	+	14
	1153	+	15
	1154	+	16
	1155	+	17
	1156	+	18
	1157	+	19
	1158	+	20
	1159	+	21
	1160	+	22
	1161	+	23
	1162	+	24
	1163	+
666	1164		subsection F of Section 2701 of this title equal to the amount of
667	1165		sales tax revenue of such municipality or county exempted by the
668	1166		provisions of Section 1357.10 of this title and subsection F of
669	1167		Section 2701 of this title. The Oklahoma Tax Commission shall
670	1168		promulgate and adopt rules necessary to implement the provisions of
671	1169		this subsection.
672		-
673	1170		C. From the monies that would otherwise be apportioned to the
674	1171		General Revenue Fund pursuant to subsection A of this section, there
675	1172		shall be apportioned the following amounts:
676		-
677	1173		1. For the month ending August 31, 2019:
678		-
679	1174		a. Nine Million Six Hundred Thousand Dollars
680	1175		($9,600,000.00) to the credit of the State Highway
681	1176		Construction and Maintenance Fund created in Section
682	1177		1501 of Title 69 of the Oklahoma Statutes, and
	1178	+	b. Two Million Dollars ($2,000,000.00) to the credit of
	1179	+	the Oklahoma Railroad Maintenance Revolving Fund
	1180	+	created in Section 309 of Title 66 of the Oklahoma
	1181	+	Statutes;
	1182	+	2. For the month ending September 30, 2019:
	1183	+	a. Twenty Million Dollars ($20,000,000.00) to the credit
	1184	+	of the State Highway Construction and Maintenance Fund
	1185	+	created in Section 1501 of Title 69 of the Oklahoma
	1186	+	Statutes, and
	1187	+
	1188	+	SB1120 HFLR Page 24
	1189	+	BOLD FACE denotes Committee Amendments. 1
	1190	+	2
	1191	+	3
	1192	+	4
	1193	+	5
	1194	+	6
	1195	+	7
	1196	+	8
	1197	+	9
	1198	+	10
	1199	+	11
	1200	+	12
	1201	+	13
	1202	+	14
	1203	+	15
	1204	+	16
	1205	+	17
	1206	+	18
	1207	+	19
	1208	+	20
	1209	+	21
	1210	+	22
	1211	+	23
	1212	+	24
683	1213
684	1214		b. Two Million Dollars ($2,000,000.00) to the credit of
685	1215		the Oklahoma Railroad Maintenance Revolving Fund
686	1216		created in Section 309 of Title 66 of the Oklahoma
687	1217		Statutes;
	1218	+	3. For the month ending October 31, 2019:
	1219	+	a. Twenty Million Dollars ($20,000,000.00) to the credit
	1220	+	of the State Highway Construction and Maintenance Fund
	1221	+	created in Section 1501 of Title 69 of the Oklahoma
	1222	+	Statutes, and
	1223	+	b. Two Million Dollars ($2,000,000.00) to the credit of
	1224	+	the Oklahoma Railroad Maintenance Revolving Fund
	1225	+	created in Section 309 of Title 66 of the Oklahoma
	1226	+	Statutes;
	1227	+	4. For the month ending November 30, 2019:
	1228	+	a. Twenty Million Dollars ($20,000,000.00) to the credit
	1229	+	of the State Highway Construction and Maintenance Fund
	1230	+	created in Section 1501 of Title 69 of the Oklahoma
	1231	+	Statutes, and
	1232	+	b. Two Million Dollars ($2,000,000.00) to the credit of
	1233	+	the Oklahoma Railroad Maintenance Revolving Fund
	1234	+	created in Section 309 of Title 66 of the Oklahoma
	1235	+	Statutes; and
	1236	+	5. For the month ending December 31, 2019:
688	1237
689		-	2. For the month ending September 30, 2019:
	1238	+	SB1120 HFLR Page 25
	1239	+	BOLD FACE denotes Committee Amendments. 1
	1240	+	2
	1241	+	3
	1242	+	4
	1243	+	5
	1244	+	6
	1245	+	7
	1246	+	8
	1247	+	9
	1248	+	10
	1249	+	11
	1250	+	12
	1251	+	13
	1252	+	14
	1253	+	15
	1254	+	16
	1255	+	17
	1256	+	18
	1257	+	19
	1258	+	20
	1259	+	21
	1260	+	22
	1261	+	23
	1262	+	24
690	1263
691	1264		a. Twenty Million Dollars ($20,000,000.00) to the credit
692	1265		of the State Highway Construction and Maintenance Fund
693	1266		created in Section 1501 of Title 69 of the Oklahoma
694	1267		Statutes, and
695		-
696		-	b. Two Million Dollars ($2,000,000.00) to the credit of
697		-	the Oklahoma Railroad Maintenance Revolving Fund
698		-
699		-	ENR. S. B. NO. 1120 Page 17
700		-	created in Section 309 of Title 66 of the Oklahoma
701		-	Statutes;
702		-
703		-	3. For the month ending October 31, 2019:
704		-
705		-	a. Twenty Million Dollars ($20,000,000.00) to the credit
706		-	of the State Highway Construction and Maintenance Fund
707		-	created in Section 1501 of Title 69 of the Oklahoma
708		-	Statutes, and
709		-
710		-	b. Two Million Dollars ($2,000,000.00) to the credit of
711		-	the Oklahoma Railroad Maintenance Revolving Fund
712		-	created in Section 309 of Title 66 of the Oklahoma
713		-	Statutes;
714		-
715		-	4. For the month ending November 30, 2019:
716		-
717		-	a. Twenty Million Dollars ($20,000,000.00) to the credit
718		-	of the State Highway Construction and Maintenance Fund
719		-	created in Section 1501 of Title 69 of the Oklahoma
720		-	Statutes, and
721		-
722		-	b. Two Million Dollars ($2,000,000.00) to the credit of
723		-	the Oklahoma Railroad Maintenance Revolving Fund
724		-	created in Section 309 of Title 66 of the Oklahoma
725		-	Statutes; and
726		-
727		-	5. For the month ending December 31, 2019:
728		-
729		-	a. Twenty Million Dollars ($20,000,000.00) to the credit
730		-	of the State Highway Construction and Maintenance Fund
731		-	created in Section 1501 of Title 69 of the Oklahoma
732		-	Statutes, and
733		-
734	1268		b. Two Million Dollars ($2,000,000.00) to the credit of
735	1269		the Oklahoma Railroad Maintenance Revolving Fund
736	1270		created in Section 309 of Title 66 of the Oklahoma
737	1271		Statutes.
738		-
739	1272		D. For fiscal year 2023, and each subsequent fiscal year,
740	1273		before any other apportionment otherwise required by this section is
741	1274		made to the General Revenue Fund, there shall be apportioned to the
742		-
743		-	ENR. S. B. NO. 1120 Page 18
744	1275		State Public Common School Building Equalization Fund an amount, if
745	1276		any, as required pursuant to Section 3-104 of Title 70 of the
746	1277		Oklahoma Statutes, not to exceed the state sales tax generated by
747	1278		medical marijuana sales in the preceding fiscal year as reported by
748	1279		the Oklahoma Tax Commission.
749		-
750	1280		SECTION 3. This act shall become effective July 1, 2023.
751		-
752	1281		SECTION 4. It being immediately necessary for the preservation
753	1282		of the public peace, health or safety, an emergency is hereby
754	1283		declared to exist, by reason whereof this act shall take effect and
755	1284		be in full force from and after its passage and a pproval.
756	1285
757		-
758		-	ENR. S. B. NO. 1120 Page 19
759		-	Passed the Senate the 17th day of May, 2023.
760		-
761		-
762		-
763		-	Presiding Officer of the Senate
764		-
765		-
766		-	Passed the House of Representatives the 19th day of May, 2023.
767		-
768		-
769		-
770		-	Presiding Officer of the House
771		-	of Representatives
772		-
773		-	OFFICE OF THE GOVERNOR
774		-	Received by the Office of the Governor this _______ _____________
775		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
776		-	By: _______________________________ __
777		-	Approved by the Governor of the State of Oklahoma this _____ ____
778		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
779		-
780		-	_________________________________
781		-	Governor of the State of Oklahoma
782		-
783		-
784		-	OFFICE OF THE SECRETARY OF STATE
785		-	Received by the Office of the Secretary of State this _______ ___
786		-	day of __________________, 20 _______, at ___ ____ o'clock _______ M.
787		-	By: _______________________________ __
	1286	+	COMMITTEE REPORT BY: COMMITTEE ON JOINT COMMITTEE ON APPROPRIATIONS
	1287	+	AND BUDGET, dated 05/16/2023 – DO PASS, As Amended.