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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
ENGROSSED SENATE
BILL NO. 1187 By: Thompson (Roger) and Hall
of the Senate
and
Wallace and Martinez of the
House
An Act relating to Oklahoma Aeronautics Commission;
making an appropriation; identifying source;
establishing amount; providing purpose; requiring and
limiting the utilization of funds; creating certain
special account; limiting duration of account;
requiring certain determination; providing and
limiting the nature of the account and funds within
the account; authorizing agency to submit request for
certain deposit or transfer; requiring certain
compliance and verification; authorizing certain
memorandums of understanding; limiting scope;
prohibiting certain memoranda terms; authorizing and
limiting the promulgation of rules and utilization of
procedures; authorizing and limiting the retention of
monies for administration costs; requiring certain
reports and submissions to certain entities;
requiring appearance before certain joint committee;
limiting duration of certain requirements; and
declaring an emergency .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. There is hereby appropriated to the Oklahoma
Aeronautics Commission from any monies not otherwise appropriated
from the Statewide Recovery Fund of the State Treasury created in
Enrolled House Bill No. 3349 of the 2nd Session of the 58th Oklahoma
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Legislature, the sum of Six Hundred Thousand Dollars ($600,000.00)
or so much thereof as may be necessary to address the negative
economic and public health impacts of the pandemic experienced by
the dedicated air and space museum s and their ability to provide
education services. Such funds shall be utilized in a manner
consistent with the recommendations adopted by the Joint Committee
on Pandemic Relief Funding on May 11, 2023.
SECTION 2. A. There is hereby created in the State Treasury a
Statewide Recovery Special Account for the Oklahoma Aeronautics
Commission for the appropriated monies as provided in Section 1 of
this act. The duration of such account shall continue for the
period of time that monies related to the American Rescue Plan Act
of 2021 are being budgeted, expended, or managed in the state. The
ending of such period shall be determined by the State Treasurer,
and shall result in the closing of such account as a matter of law.
Such account shall be a continuing account as otherwise provided in
this section, not subject to fiscal year limitations, and shall
exclusively consist of monies related to the relevant appropriation
made in this act and as otherwise directed by law. All monies
deposited to the credit of such account are hereby appropriated and
may be budgeted and expended by the Oklahoma Aeronautics Commission
in accordance with the provisions of this act. Expenditures from
such account shall be made upon warrants issued by the State
Treasurer against claims filed as prescribed by law with the
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Director of the Office of Management and Enterprise Services for
approval and payment.
B. The Oklahoma Aeronautics Commission is authorized to request
in writing that the monies appropriated by the provisions of this
act be deposited or transferred to the account created pursuant to
subsection A of this section. No later than seven (7) calendar days
from the date of such request, the Director of the Office of
Management and Enterprise Services shall comply with such request
and verify to the requesting agency that such deposit or transfer
has been completed.
SECTION 3. The Oklahoma Aeronautics Commission may enter into
memorandums of understanding with other agencies of the State of
Oklahoma for the auditing, documentation, evaluation,
implementation, oversight, reporting, and management of funds and
associated efforts related to the appropriation made in this act;
provided, no such memorandum of understanding shall require or
include, as an option or condition, the direct or practical transfer
or relinquishment of control by the agency appropriated such funds
to budget, expend, allocate, and request the distribution of the
funds appropriated by this act.
SECTION 4. The Oklahoma Aeronautics Commission may promulgate
rules, utilize existing rules, establish procedures, and utilize
existing procedures to implement the provisions of this act,
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provided such rules and procedures do not conflict with or impede
the provisions of this act.
SECTION 5. The Oklahoma Aeronautics Commission shall retain no
more than two percent (2%) of the funds appropriated by this act to
reimburse:
1. Costs incurred by the Oklahoma Aeronautics Commission; or
2. Costs incurred on the agency’s behalf,
associated with the administration of the appropriated funds and
programming required by the Oklahoma Aeronautics Commission under
the provisions of this act; provided, no funds shall be retained
that would be disallowable under the provisions of the American
Rescue Plan Act of 2021.
SECTION 6. A. The Oklahoma Aeronautics Commission shall:
1. Submit to the chairs of the Joint Committee on Pandemic
Relief Funding, or any successor of the Oklahoma State Senate or
Oklahoma House of Representatives legislative committee or joint
committee, as designated by the President Pro Tempor e of the
Oklahoma State Senate and the Speaker of the Oklahoma House of
Representatives:
a. a written or electronic quarterly report detailing the
budgeting, expenditure, and management of all monies
appropriated in this act, and
b. a copy of all memorandu ms of understanding and
contracts with third parties entered into by the
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Oklahoma Aeronautics Commission to facilitate, assist,
or administer powers and duties provided to the
Commission under the provisions of this act; and
2. At the Joint Committee on Pandemic Relief Funding ’s request,
appear before the Joint Committee no later than six (6) months after
the effective date of this act, and as otherwise requested by the
Joint Committee, to provide a status update regarding the
implementation of the provisions of this act.
B. The provisions of subsection A of this section shall remain
applicable for the period of time that monies appropriated under
this act are being budgeted, expended, or managed in the sta te. The
ending of such period shall be dete rmined by the State Treasurer,
and shall be reported to the Governor, the President Pro Tempore of
the Oklahoma State Senate, and the Speaker of the Oklahoma House of
Representatives.
SECTION 7. It being immediately necessary fo r the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
COMMITTEE REPORT BY: COMMI TTEE ON JOINT COMMITTEE ON APPROPRIATIONS
AND BUDGET, dated 05/16/2023 – DO PASS, As Amended.