34 | 27 | | |
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35 | 28 | | ENGROSSED SENATE |
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36 | 29 | | BILL NO. 283 By: Rader of the Senate |
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37 | 30 | | |
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38 | 31 | | and |
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39 | 32 | | |
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40 | 33 | | Kendrix of the House |
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41 | 34 | | |
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42 | 35 | | |
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43 | 36 | | |
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44 | 37 | | |
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45 | 38 | | An Act relating to The Oklahoma State System of |
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46 | 39 | | Higher Education; amending 62 O.S. 2021, Section |
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47 | 40 | | 34.53, which relates to the Oklahoma State Finance |
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48 | 41 | | Act; updating statutory reference; amending 70 O.S. |
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49 | 42 | | 2021, Section 3206.6a, which relates to the master |
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50 | 43 | | lease program; expanding annual transaction limit to |
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51 | 44 | | include certain refunded projects; updating statutory |
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52 | 45 | | language; and providing an effective date . |
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53 | 46 | | |
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54 | 47 | | |
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55 | 48 | | |
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56 | 49 | | |
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57 | 50 | | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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58 | 51 | | SECTION 1. AMENDATORY 62 O.S. 2021, Section 34.53, is |
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59 | 52 | | amended to read as follows: |
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60 | 53 | | Section 34.53. A. 1. The Oklahoma State System of Higher |
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61 | 54 | | Education, established by Article XIII -A of the Oklahoma |
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62 | 55 | | Constitution, shall operate an allotment system similar to the |
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63 | 56 | | procedure set out in the Oklahoma State Finance Act for other |
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64 | 57 | | agencies of the state except that the Oklahoma State Regents for |
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65 | 58 | | Higher Education shall be substituted for the Director of th e Office |
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66 | 59 | | of Management and Enterprise Services in connection with approving |
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96 | 88 | | 2. The account classification for the State System of Higher |
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97 | 89 | | Education shall conform as nearly as possible with the |
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98 | 90 | | classification of accounts recommended by the National Committee on |
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99 | 91 | | Standard Reports for Institutions of Higher Education. |
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100 | 92 | | 3. The Board of Regents shall allocate to each institution |
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101 | 93 | | under its control from the consolidated, or lump sum appropriation |
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102 | 94 | | made by the Legislature, an amount sufficient to meet the needs and |
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103 | 95 | | functions of each institution for the entire year. |
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104 | 96 | | 4. The amount allocated to each institution for each fiscal |
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105 | 97 | | year in accordance with Article XIII -A of the Oklahoma Constitution, |
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106 | 98 | | shall be made in a lump sum without regard to uniform budget or |
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107 | 99 | | accounting classifications, but shall not be available for |
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108 | 100 | | expenditure until subsequently allotted by the Regents in accordance |
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109 | 101 | | with the uniform budget and acc ounting classifications recommended |
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110 | 102 | | by the National Committee on Standard Reports. |
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111 | 103 | | B. The Oklahoma State Regents for Higher Education may reduce |
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112 | 104 | | the allocation of funds which could otherwise be made to an |
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113 | 105 | | institution within The Oklahoma State System of Hi gher Education in |
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114 | 106 | | order to make payments for leases within the lease financing program |
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115 | 107 | | authorized by Section 3206.5 3206.6a of Title 70 of the Oklahoma |
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116 | 108 | | Statutes. |
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147 | 138 | | said such institution. Such petty cash fund shall be reimbursed |
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148 | 139 | | upon the filing of claims showing the purposes for which the funds |
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149 | 140 | | were expended. |
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150 | 141 | | 2. The Division of Central Accounting and Reporting shall make |
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151 | 142 | | cash allocations of revenue in accordance with Section 23 of Article |
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152 | 143 | | X of the Oklahoma Constitution, to each of the constituent |
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153 | 144 | | institutions. These cash allocations shall be based on the |
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154 | 145 | | allocations made by the Regents to each institution from the lump |
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155 | 146 | | sum legislative appropriations and such allocation shall be the |
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156 | 147 | | total appropriation for each institution, in lieu of legislative |
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157 | 148 | | appropriations. |
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158 | 149 | | 3. After these funds have been allocated and allotted as |
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159 | 150 | | provided in this section, all institutional income shall operate as |
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160 | 151 | | a continuing nonfiscal appropriation which may be spent for any |
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161 | 152 | | educational and general purposes for which appropriated funds may be |
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162 | 153 | | spent. “Institutional income ” for such purposes sh all mean all |
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163 | 154 | | income available for educational and general purposes, as defined in |
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164 | 155 | | the uniform budget and accounting classifications recommended by the |
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165 | 156 | | National Committee on Standard Reports, and including income defined |
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166 | 157 | | by law as revolving fund income. Ex penditures shall be limited to |
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167 | 158 | | the extent that obligations as they are incurred may not exceed the |
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197 | 187 | | D. 1. At least thirty ( 30) days prior to the beginning of each |
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198 | 188 | | fiscal year, each of the constituent institutions shall file with |
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199 | 189 | | the Regents its request for appropriation allotments for each of the |
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200 | 190 | | purposes for which expenditures are to be made. |
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201 | 191 | | 2. Such requests shall be broken down to conform to th e uniform |
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202 | 192 | | budget or accounting classifications recommended by the National |
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203 | 193 | | Committee on Standard Reports. |
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204 | 194 | | 3. Each institution ’s request for appropriation allotments |
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205 | 195 | | shall show the amount required to finance each item of the request |
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206 | 196 | | for the entire year and for each quarter or each six-months six- |
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207 | 197 | | month period within the fiscal year, as required by the Director of |
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208 | 198 | | the Office of Management and Enterprise Services. |
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209 | 199 | | E. The Regents, or the official or employee who has been |
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210 | 200 | | authorized to approve itemized allotmen t requests, shall consider |
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211 | 201 | | the allotment requests for the purpose of making a determination |
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212 | 202 | | whether: |
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213 | 203 | | 1. The current financial requirements of the institution |
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214 | 204 | | concerned justify the allotment to be made; |
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215 | 205 | | 2. The accounting classificati on is sufficient to re flect the |
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216 | 206 | | purpose for which expenditures are to be made and that such |
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217 | 207 | | classification is in accordance with the budget classifications |
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218 | 208 | | adopted by the Director of the Office of Management and Enterprise |
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247 | 236 | | to the account classification recommended by the National Committee |
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248 | 237 | | on Standard Reports for Institutions of Higher Education; and |
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249 | 238 | | 3. The realization of estimated revenues determined by the |
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250 | 239 | | Director of the Office of Manag ement and Enterprise S ervices is |
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251 | 240 | | sufficient to allow the commitments to be made. |
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252 | 241 | | F. 1. In allotting appropriations and other funds, and |
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253 | 242 | | approving subsequent allotments which may be required by each |
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254 | 243 | | institution, the Regents shall follow the same general procedure set |
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255 | 244 | | forth in the Oklahoma State Finance Act for other agencies of the |
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256 | 245 | | state not under the control of said the Regents, except as otherwise |
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257 | 246 | | provided in this section. |
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258 | 247 | | 2. All forms and account classifications shall be mutually |
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259 | 248 | | agreed upon by the Dir ector of the Office of Management and |
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260 | 249 | | Enterprise Services and the State Regents. |
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261 | 250 | | 3. The Regents shall file approved requests of constituent |
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262 | 251 | | institutions with the Division of Central Accounting and Reporting |
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263 | 252 | | and such requests shall be entered on the records of the Office of |
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264 | 253 | | Management and Enterprise Services in the same manner as is provided |
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265 | 254 | | in the Oklahoma State Finance Act for other agencies of the state. |
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266 | 255 | | 4. The State Regents and the Director of the Office of |
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267 | 256 | | Management and Enterprise Services shall appr ove any request from |
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268 | 257 | | the administrative head of a constituent institution for amendment |
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269 | 258 | | of the approved schedule of positions and salaries, or transfers |
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298 | 286 | | purposes is not exceeded. Each such amendment shall be f iled with |
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299 | 287 | | the Office of Management and Enterprise Services, in such detail as |
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300 | 288 | | may be required, prior to the date on which the first payroll or |
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301 | 289 | | other disbursement affected by such amendment or transfer is |
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302 | 290 | | submitted for payment. |
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303 | 291 | | G. 1. In the event that the realization of estimated revenues |
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304 | 292 | | at any time during the fiscal year indicates that the total revenue |
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305 | 293 | | for that fiscal year to any state fund will be insufficient at the |
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306 | 294 | | end of the fiscal year to meet the total appropriations from that |
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307 | 295 | | fund, the Director o f the Office of Management and Enterprise |
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308 | 296 | | Services shall notify the Oklahoma State Regents for Higher |
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309 | 297 | | Education as to the amount of reduction necessary against the |
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310 | 298 | | consolidated, or lump sum appropriations, made to the Regents. |
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311 | 299 | | 2. The Regents, in making it emized allotments during the fiscal |
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312 | 300 | | year, may reserve an amount sufficient to meet a reasonable failure |
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313 | 301 | | of revenue until receipt of notice from the Director of the Office |
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314 | 302 | | of Management and Enterprise Services that the realization of |
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315 | 303 | | estimated revenues indi cates that the total appropriation may be |
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316 | 304 | | allotted for expenditure. Upon receipt of notice from the Director |
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317 | 305 | | of the Office of Management and Enterprise Services of a necessary |
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318 | 306 | | reduction in the consolidated, or lump sum appropriation, to meet a |
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319 | 307 | | failure in revenue, the Oklahoma State Regents for Higher Education |
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320 | 308 | | shall immediately take action to control the approval of subsequent |
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349 | 336 | | allotments of all constituent institutions under their control equ al |
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350 | 337 | | the amount of reduction ordered against the lump sum appropriation |
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351 | 338 | | made by the Legislature. Such reductions against the lump sum |
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352 | 339 | | appropriation shall not exceed the percentage reduction ordered |
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353 | 340 | | against other agencies of the state i n accordance with Sect ion 23, |
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354 | 341 | | of Article 10, X of the Oklahoma Constitution. |
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355 | 342 | | SECTION 2. AMENDATORY 70 O.S. 2021, Section 3206.6a, is |
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356 | 343 | | amended to read as follows: |
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357 | 344 | | Section 3206.6a. A. The Oklahoma State Regents for Higher |
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358 | 345 | | Education may finance acquisiti on of or improvements to, or |
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359 | 346 | | refinance or restructure outstanding obligations for real property |
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360 | 347 | | pursuant to the master lease program. The funds used by the Regents |
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361 | 348 | | for the purposes authorized by this section shall be available for |
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362 | 349 | | lease transactions havin g a term that is no more than the useful |
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363 | 350 | | life of any real property or improvements acquired by institutions |
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364 | 351 | | pursuant to the provisions of this section, and in no event, more |
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365 | 352 | | than thirty (30) years. |
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366 | 353 | | B. After May 24, 2005, any bonds issued pursuant to this |
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367 | 354 | | section shall be subject to the approval of the Legislature as |
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368 | 355 | | provided by this subsection. The Oklahoma State Regents for Higher |
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369 | 356 | | Education shall submit an itemized list of the proposed projects and |
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370 | 357 | | the terms of the financing to the Governor, the Speaker of the House |
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371 | 358 | | of Representatives, the President Pro Tempore of the State Senate |
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400 | 386 | | legislative days of an annual legislative session and prior to the |
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401 | 387 | | time any such obligations are sold. The submiss ion to such elected |
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402 | 388 | | officials shall occur upon the same date for purposes of computing |
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403 | 389 | | the time within which action must be taken as further prescribed by |
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404 | 390 | | this subsection. The Legislature shall have a period of forty -five |
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405 | 391 | | (45) calendar days from the date on which the information is |
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406 | 392 | | submitted to pass a concurrent resolution disapproving all or part |
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407 | 393 | | of the proposed issuance. If the Legislature does not disapprove |
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408 | 394 | | the proposed issuance by concurrent resolution by the end of the |
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409 | 395 | | forty-fifth day following the date upon which the proposed issuance |
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410 | 396 | | is submitted, the proposed issuance shall be deemed to have been |
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411 | 397 | | approved by the Legislature. |
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412 | 398 | | C. The amount of transactions financed in a calendar year |
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413 | 399 | | through the real property master lease prog ram authorized by this |
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414 | 400 | | section shall not exceed the combined total of: |
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415 | 401 | | 1. The submission described in subsection B of this section, or |
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416 | 402 | | portion thereof, approved by the Legislature; |
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417 | 403 | | 2. Any issuance for additional proposed individual projects |
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418 | 404 | | submitted by institutions under the coordination of the Oklahoma |
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419 | 405 | | State Regents for Higher Education and approved by the Legislature; |
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420 | 406 | | and |
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