2013 Oklahoma Statutes
Title 62 - Public Finance


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<html> <head> <STYLE type="text/css"> body {padding-left:90pt;width:612pt} p {margin-top:0pt;margin-bottom:0pt} .cls0 {font-size:12pt;font-family:'Courier New', monospace;} .cls2 {margin-left:100pt;} .cls3 {margin-left:136pt;} .cls21 {margin-left:144pt;} .cls5 {margin-left:14pt;} .cls20 {margin-left:151pt;} .cls4 {margin-left:172pt;} .cls6 {margin-left:208pt;} .cls22 {margin-left:216pt;} .cls23 {margin-left:28pt;margin-right:28pt;} .cls18 {margin-left:57pt;} .cls9 {margin-left:57pt;margin-right:100pt;} .cls8 {margin-left:57pt;margin-right:109pt;} .cls7 {margin-left:57pt;margin-right:118pt;} .cls16 {margin-left:57pt;margin-right:128pt;} .cls19 {margin-left:57pt;margin-right:132pt;} .cls11 {margin-left:64pt;margin-right:100pt;} .cls10 {margin-left:64pt;margin-right:118pt;} .cls13 {margin-left:64pt;margin-right:132pt;} .cls14 {margin-left:64pt;margin-right:146pt;} .cls12 {margin-left:64pt;margin-right:159pt;} .cls15 {margin-left:86pt;} .cls17 {margin-left:86pt;margin-right:132pt;} .cls24 {margin-right:52pt;} .cls1 {text-align:justify;} </STYLE> <title>&sect;62-2</title> </head> <body> <p><span class="cls0">&sect;62-2. Renumbered as &sect; 34.1 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009.&nbsp;</span></p> <p><span class="cls0">&sect;62-7.1. Renumbered as &sect; 34.57 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009.&nbsp;</span></p> <p><span class="cls0">&sect;62-7.2. Renumbered as &sect; 34.56 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009.&nbsp;</span></p> <p><span class="cls0">&sect;62-7.3. Renumbered as &sect; 34.58 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009.&nbsp;</span></p> <p><span class="cls0">&sect;62-7.4. Renumbered as &sect; 34.59 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009.&nbsp;</span></p> <p><span class="cls0">&sect;62-7.5. Renumbered as &sect; 34.9 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009.&nbsp;</span></p> <p><span class="cls0">&sect;62-7.5a. Renumbered as &sect; 34.60 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009.&nbsp;</span></p> <p><span class="cls0">&sect;62-7.6. Renumbered as &sect; 34.69 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009.&nbsp;</span></p> <p><span class="cls0">&sect;62-7.10. Renumbered as &sect; 34.70 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009.&nbsp;</span></p> <p><span class="cls0">&sect;62-7.11. Renumbered as &sect; 840-4.5 of Title 74 by Laws 1994, c. 242, &sect; 54.&nbsp;</span></p> <p><span class="cls0">&sect;62-7.12. Renumbered as &sect; 840-2.16 of Title 74 by Laws 1994, c. 242, &sect; 54.&nbsp;</span></p> <p><span class="cls0">&sect;62-7.13. Renumbered as &sect; 34.10 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009.&nbsp;</span></p> <p><span class="cls0">&sect;62-9.1. Renumbered as &sect; 34.46 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009.&nbsp;</span></p> <p><span class="cls0">&sect;62-9.10. Renumbered as &sect; 34.39 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009.&nbsp;</span></p> <p><span class="cls0">&sect;62-9.11. Renumbered as &sect; 34.86 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009.&nbsp;</span></p> <p><span class="cls0">&sect;62-10.1. Renumbered as &sect; 34.54 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009.&nbsp;</span></p> <p><span class="cls0">&sect;62-10.3. Renumbered as &sect; 34.55 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009.&nbsp;</span></p> <p><span class="cls0">&sect;62-10.4. Renumbered as &sect; 34.87 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009.&nbsp;</span></p> <p><span class="cls0">&sect;6211. Bond Commissioner.&nbsp;</span></p> <p><span class="cls0">The Attorney General is hereby made ex officio Bond Commissioner of the State of Oklahoma.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 376. &nbsp;</span></p> <p><span class="cls0">&sect;6213. Duties of Bond Commissioner Certificate Bonds incontestable after 30 days.&nbsp;</span></p> <p><span class="cls0">It shall be the duty of the Bond Commissioner to prepare uniform forms and prescribe a method of procedure under the laws of the state in all cases where it is desired to issue public securities or bonds, in any county, township, municipality or political or other subdivisions thereof of the State of Oklahoma; and it shall be the further duty of said Bond Commissioner to examine into and pass upon any security so issued, and such security, when declared by the certificate of said Bond Commissioner to be issued in accordance with the forms of procedure so provided shall be incontestable in any court in the State of Oklahoma unless suit thereon shall be brought in a court having jurisdiction of the same within thirty (30) days from the date of the approval thereof by the Bond Commissioner.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 377. &nbsp;</span></p> <p><span class="cls0">&sect;6214. Bond invalid without certificate.&nbsp;</span></p> <p><span class="cls0">No bond hereafter issued by any political or municipal subdivision of this state shall be valid without the certificate of said Bond Commissioner.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">R.L.1910, &sect; 378. &nbsp;</span></p> <p><span class="cls0">&sect;62-15. Issuance and sale of general obligation bonds &ndash; Procedures - Fees.&nbsp;</span></p> <p><span class="cls0">A. In all stages of proceedings leading to the issuance and sale of general obligation bonds pledging the full faith and credit of the state, it shall be a duty of the Attorney General to perform all necessary legal work incident thereto. Neither the Attorney General nor any other officer of the state may use any public funds to pay for the services of a private attorney or consulting fee in connection with such work. Neither the Attorney General nor Assistant Attorney General shall receive any remuneration, other than salary, for legal services performed in proceedings leading to the issuance and sale of bonds as provided in this act. If a marketing opinion is desired, the bond buyers shall pay for its procurement.&nbsp;</span></p> <p><span class="cls0">B. In all proceedings leading to the issuance and sale of revenue bonds by any state agency acting pursuant to a specific legislative validating act, a private attorney or attorneys may be employed when the legislative validating act does not prohibit such employment. The employment contract with the private attorney or attorneys shall be filed of record with the Attorney General. In no case shall the employed private attorney be paid a fee in excess of that authorized in the validating act. In addition, the Attorney General is authorized to charge an examination fee for review and approval of revenue bond or note proceedings, as provided for in subsection E of this section. If a marketing opinion is desired, the bond buyers shall pay for its procurement.&nbsp;</span></p> <p><span class="cls0">C. In all proceedings leading to the issuance and sale of general obligation bonds or revenue bonds by any state agency acting pursuant to a specific legislative validating act, any financial or marketing consultant employed by the state for services relative to the marketing of such bonds shall not be paid a fee in excess of that authorized in the validating act.&nbsp;</span></p> <p><span class="cls0">D. Except for the provisions of subsection E of this section, nothing herein shall apply to legal proceedings leading to the issuance or sale of bonds pursuant to Article X, Sections 26, 27 and 35 of the Oklahoma Constitution or to any obligation issued by public trusts under the Public Trust Act (except those trusts created by the state as contrasted to its subdivisions or other governmental entities), the Interlocal Cooperation Act and the Local Industrial Development Act.&nbsp;</span></p> <p><span class="cls0">E. In all proceedings leading to the issuance and sale of revenue bonds or notes by any state agency, or the issuance and sale of general or limited obligation bonds pledging the faith and credit, whether general or special, of the state or any political subdivision thereof, where the Attorney General is required by law to review such proceedings, the Attorney General is authorized to charge and collect a nonrefundable examination fee, payable at the time the proceedings are finally approved and bonds or notes are delivered. The issuer may reimburse itself for the examination fee from the proceeds of the bond or note issue. Such examination fee shall not exceed the following amounts:&nbsp;</span></p> <p><span class="cls0">1. Three one-hundredths of one percent (0.03%) of the first Five Million Dollars ($5,000,000.00) of the principal amount of bonds or notes issued; and&nbsp;</span></p> <p><span class="cls0">2. Two one-hundredths of one percent (0.02%) of any principal amount of bonds or notes issued in excess of Five Million Dollars ($5,000,000.00), up to and including Fifty Million Dollars ($50,000,000.00); and&nbsp;</span></p> <p><span class="cls0">3. One one-hundredth of one percent (0.01%) of any principal amount of bonds or notes in excess of Fifty Million Dollars ($50,000,000.00).&nbsp;</span></p> <p><span class="cls0">All fees collected as authorized by this subsection shall be deposited in the Attorney General&rsquo;s Revolving Fund created in Section 20 of Title 74 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1973, c. 129, &sect; 1, emerg. eff. May 10, 1973 . Amended by Laws 2009, c. 320, &sect; 1, eff. July 1, 2009.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;6216. Bond counsel.&nbsp;</span></p> <p><span class="cls0">In each instance of the issuance of general obligation or revenue bonds by the State of Oklahoma or any political subdivision thereof, or by any trust or other agency on behalf of any such entity, the issuer may be represented by bond counsel. Such bond counsel is prohibited from representing or receiving compensation from underwriters or the purchasers of the bonds for the same issuance. However, said opinions by bond counsel may be addressed to and furnished to the underwriters and purchasers as long as no additional compensation is paid.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Added by Laws 1988, c. 319, &sect; 12, eff. Nov. 1, 1988. &nbsp;</span></p> <p><span class="cls0">&sect;62-34. Short title.&nbsp;</span></p> <p><span class="cls0">Section 34 et seq. of Title 62 of the Oklahoma Statutes shall be known and may be cited as the "Oklahoma State Finance Act".&nbsp;</span></p> <p><span class="cls0">Added by Laws 2009, c. 441, &sect; 1, eff. July 1, 2009.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-34.1. Tax accounts with counties &ndash; Certification of information by State Board of Equalization &ndash; Reports by county clerks &ndash; Power and authority of State Auditor and Inspector.&nbsp;</span></p> <p><span class="cls0">A. The official tax accounts with the several counties of the state shall be kept by the State Auditor and Inspector, which said accounts shall exhibit the true amount of each class and year's taxes charged to each of the several counties, together with the amounts received from each county, and the balance due therefrom; provided, that all taxes of each of the several counties that shall be delinquent for four (4) or more years may be consolidated by classes into one account.&nbsp;</span></p> <p><span class="cls0">B. As a means of accurately establishing the ad valorem tax accounts herein provided for, it is hereby made the duty of the State Board of Equalization to certify annually to the State Auditor and Inspector, within five (5) days after the same shall have been ascertained by such Board for the year, the state equalized value of all property assessed ad valorem in each of the counties of the state, the rate of levy for the year, together with the amount of ad valorem taxes assessed against the property in each of the several counties of the state for the year.&nbsp;</span></p> <p><span class="cls0">C. For the purpose of maintaining an accurate check and balance on the accounts between the state and the several counties, it shall be the duty of the county clerk of each county to make and file with the State Auditor and Inspector on or before the third Monday following the close of the semiannual periods ending June 30th, and December 31st, of each year, a certified report and statement in writing showing by years and by classes the amount of all taxes due the state, or its fund or funds under its management at close of such periods, together with the dates and amounts of all payments into the State Treasury during such periods, which said statement when so filed with the State Auditor and Inspector shall become a permanent and official record.&nbsp;</span></p> <p><span class="cls0">D. It shall be the duty of the State Auditor and Inspector, and the State Auditor and Inspector is hereby given full power and authority to reconcile and adjust all tax accounts with the several counties and to require a proper accounting for all revenue laid and levied, or required to be laid and levied, against all properties and subjects selected for taxation by the state in the respective counties, together with the amount thereof collected for or on behalf of the state by any county or any officer thereof.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1995, c. 325, &sect; 3, eff. July 1, 1995. Amended by Laws 2009, c. 441, &sect; 2, eff. July 1, 2009. Renumbered from &sect; 2 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;62-34.2. Estimate of funds expected to accrue to General Revenue Fund and Special Revenue Funds - Comprehensive economic report.&nbsp;</span></p> <p><span class="cls0">A. Agencies responsible for the collection of monies deposited to the credit of the General Revenue Fund and each of the Special Revenue Funds shall be subject to the provisions of this act. Upon request of the Director of the Office of Management and Enterprise Services, these agencies shall provide the Director of the Office of Management and Enterprise Services an itemized estimate of funds expected to accrue to the General Revenue Fund and each of the Special Revenue Funds for the ensuing fiscal year in the manner and form established by the Director, in accordance with the duties assigned to the State Board of Equalization in Section 23 of Article X of the Oklahoma Constitution. Each of these agencies shall also provide to the Director, as requested, a written explanation of the methodology and relevant assumptions used in developing the revenue estimates submitted, a statement of the prior year's actual revenue collections and a projection of the current year's revenue collections. No expenditure shall be made from any General Revenue Fund or Special Revenue Fund until such fund has been assigned to an agency by law or by the Director of the Office of Management and Enterprise Services.&nbsp;</span></p> <p><span class="cls0">B. In addition to providing the information listed above, the Oklahoma Tax Commission shall also provide to the Director of the Office of Management and Enterprise Services a comprehensive economic report no later than two weeks prior to each of the meetings of the State Board of Equalization pursuant to paragraphs 1 and 3 of Section 23 of Article X of the Constitution of the State of Oklahoma. Each report shall include a summary of recent national and state economic performance and a forecast of national and state economic performance for both the current and the upcoming fiscal years. These reports shall be considered a basis upon which the itemized revenue estimates of the Commission are developed. The report shall include an analysis of the relative accuracy of the economic forecasts on which the previous and current fiscal years' revenue estimates were based.&nbsp;</span></p> <p><span class="cls0">C. The Tax Commission shall also provide all estimates, explanations, statements, projections, reports and other documents required by this section to the President Pro Tempore of the Senate and the Speaker of the House of Representatives at the same time that such documents are provided to the Director of the Office of Management and Enterprise Services.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1995, c. 325, &sect; 3, eff. July 1, 1995. Amended by Laws 2009, c. 441, &sect; 3, eff. July 1, 2009. Renumbered from &sect; 41.7b of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009. Amended by Laws 2012, c. 304, &sect; 333.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-34.3. Office of Management and Enterprise Services.&nbsp;</span></p> <p><span class="cls0">A. There is hereby created in the Executive Department, the Office of Management and Enterprise Services.&nbsp;</span></p> <p><span class="cls0">B. The term &ldquo;state agency&rdquo; or &ldquo;agency&rdquo;, when used in the Oklahoma State Finance Act, shall mean any agency, board, bureau, commission, or other entity organized within the executive department of state government.&nbsp;</span></p> <p><span class="cls0">C. The term &ldquo;authorization&rdquo;, when used in the Oklahoma State Finance Act, shall mean the legislative authorization for an agency to expend a certain amount of money from a specified fund or funds during a specified period of time.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1947, p. 370, &sect; 3, emerg. eff. Feb. 25, 1947. Amended by Laws 1965, c. 2, &sect; 2, emerg. eff. Jan. 29, 1965; Laws 1968, c. 6, &sect; 1, emerg. eff. Jan. 26, 1968; Laws 1983, c. 334, &sect; 3, emerg. eff. June 30, 1983; Laws 1984, c. 290, &sect; 1, operative July 1, 1984; Laws 2009, c. 441, &sect; 4, eff. July 1, 2009. Renumbered from &sect; 41.3 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009. Amended by Laws 2010, c. 2, &sect; 32, eff. April 5, 2010; Laws 2011, c. 302, &sect; 3; Laws 2012, c. 303, &sect; 2, eff. Nov. 1, 2012.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 2009, c. 451, &sect; 3 repealed by Laws 2010, c. 2, &sect; 33, eff. April 5, 2010.&nbsp;</span></p> <p><span class="cls0">NOTE: Laws 2010, c. 2, &sect; 106, provides: &ldquo;The provisions of Sections 32 through 43 and Sections 96 and 97 of this act shall be effective and shall become operative on the effective date of the appointment of the first Chief Information Officer by the Governor as provided in Section 34.11.1 of Title 62 of the Oklahoma Statutes.&rdquo; The first Chief Information Officer was appointed by the Governor on April 5, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-34.3.1. Consolidated agencies.&nbsp;</span></p> <p><span class="cls0">A. The Department of Central Services, Office of Personnel Management, Oklahoma State Employees Benefits Council and the State and Education Employees Group Insurance Board are consolidated into the Office of Management and Enterprise Services. The Director of the Office of Management and Enterprise Services shall assume all executive-level responsibilities for each agency and shall function as and possess the powers of the agency director for each consolidated agency as enumerated by existing statute. For the purposes of this section the term &ldquo;consolidated agencies&rdquo; shall mean the Department of Central Services, Office of Personnel Management, Oklahoma State Employees Benefits Council and the State and Education Employees Group Insurance Board. Any funds appropriated to, in the possession of or allocated to any of the consolidated agencies shall be deemed to be funds of the Office of Management and Enterprise Services.&nbsp;</span></p> <p><span class="cls0">B. Upon request of the Director of the Office of Management and Enterprise Services, the personnel of the consolidated agencies shall deliver to the Office of Management and Enterprise Services all books, papers, records and property of the consolidated agencies.&nbsp;</span></p> <p><span class="cls0">C. All functions, powers, duties and obligations previously assigned to each of the consolidated agencies are hereby transferred to the Office of Management and Enterprise Services.&nbsp;</span></p> <p><span class="cls0">D. All rules, regulations, acts, orders, determinations and decisions of the consolidated agencies pertaining to the functions and powers herein transferred and assigned to the Office of Management and Enterprise Services, in force at the time of such transfer, assignment, assumption or devolution shall continue in force and effect as rules, regulations, acts, orders, determinations and decisions of the consolidated agencies until duly modified or abrogated by the appropriate body or until otherwise provided by law.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2011, c. 302, &sect; 2. Amended by Laws 2012, c. 303, &sect; 3, eff. Nov. 1, 2012.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-34.4. Revolving Fund for Office of Management and Enterprise Services.&nbsp;</span></p> <p><span class="cls0">There is hereby created in the State Treasury a Revolving Fund for the Office of Management and Enterprise Services. The revolving fund shall consist of any monies received for rental of machine metered time, sale of scrap cards and paper, and any other miscellaneous receipts. The revolving fund herein created may be expended for the same purposes and in the same manner as appropriated funds.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1967, c. 311, &sect; 2, emerg. eff. May 16, 1967. Amended by Laws 2009, c. 441, &sect; 5, eff. July 1, 2009. Renumbered from &sect; 41.40 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009. Amended by Laws 2012, c. 304, &sect; 334.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-34.5. Director of the Office of Management and Enterprise Services - Appointment.&nbsp;</span></p> <p><span class="cls0">The Governor shall appoint a Director of the Office of Management and Enterprise Services, by and with the consent of the Senate, who shall hold office at the pleasure of the Governor and shall continue to serve until a successor is duly appointed and is qualified.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1947, p. 370, &sect; 2, emerg. eff. Feb. 25, 1947. Amended by Laws 1965, c. 2, &sect; 1, emerg. eff. Jan. 29, 1965; Laws 1967, c. 198, &sect; 1, emerg. eff. May 1, 1967; Laws 1969, c. 31, &sect; 1, emerg. eff. Feb. 18, 1969; Laws 1983, c. 334, &sect; 2, emerg. eff. June 30, 1983; Laws 1985, c. 344, &sect; 5, emerg. eff. July 30, 1985; Laws 2009, c. 441, &sect; 6, eff. July 1, 2009. Renumbered from &sect; 41.2 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009. Amended by Laws 2012, c. 304, &sect; 335.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-34.6. General powers and duties of Director.&nbsp;</span></p> <p><span class="cls0">A. The Director of the Office of Management and Enterprise Services shall have the power and duty under the direction of the Governor to:&nbsp;</span></p> <p><span class="cls0">1. Prepare the budget document and assist in the drafting of legislation to make it effective;&nbsp;</span></p> <p><span class="cls0">2. Make field surveys and studies of governmental agencies, looking toward economy and greater efficiency;&nbsp;</span></p> <p><span class="cls0">3. Make allotments to control expenditures;&nbsp;</span></p> <p><span class="cls0">4. Authorize transfers of appropriation authorized by law;&nbsp;</span></p> <p><span class="cls0">5. Study accounting and other reports rendered by the Central Accounting and Reporting Division;&nbsp;</span></p> <p><span class="cls0">6. Enter into agreements with the United States Secretary of the Treasury for the purpose of implementing federal law;&nbsp;</span></p> <p><span class="cls0">7. Aid the Governor in the economical management of state affairs; and&nbsp;</span></p> <p><span class="cls0">8. Adopt such rules and regulations concerning the exercise of powers and duties as the Director shall deem appropriate, in accordance with the Administrative Procedures Act.&nbsp;</span></p> <p><span class="cls0">B. In addition to other duties, the Director of the Office of Management and Enterprise Services shall, upon request, advise and consult with members of the Legislature and legislative committees concerning revenue and expenditures of state agencies.&nbsp;</span></p> <p><span class="cls0">C. Not later than December 31, 2013, the Director of the Office of Management and Enterprise Services shall provide the Legislature with a proposal to consolidate, streamline, and reduce the size of the administrative code of the agencies consolidated pursuant to House Bill No. 2140 of the 1st Session of the 53rd Oklahoma Legislature. The recommendation shall contain the Director's advice on the possibility of consolidating the affected code into a single title.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1947, p. 370, &sect; 4, emerg. eff. Feb. 25, 1947. Amended by Laws 1965, c. 2, &sect; 3, emerg. eff. Jan. 29, 1965; Laws 1981, c. 255, &sect; 1; Laws 1991, c. 254, &sect; 16, eff. July 1, 1991; Laws 2009, c. 441, &sect; 7, eff. July 1, 2009. Renumbered from &sect; 41.4 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009. Amended by Laws 2011, c. 302, &sect; 4; Laws 2012, c. 304, &sect; 336; Laws 2013, c. 342, &sect; 1, eff. Nov. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-34.7. Experts and assistants of Director.&nbsp;</span></p> <p><span class="cls0">The Director of the Office of Management and Enterprise Services, with the approval of the Governor, shall employ and make the appointment of such experts and assistants as may be necessary to execute the purposes of the Oklahoma State Finance Act. No appointments to positions shall be made in excess of those positions authorized by the Legislature for the Division of the Budget, the Division of Central Accounting and Reporting and the Information Services Division.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1947, p. 380, &sect; 23, emerg. eff. Feb. 25, 1947. Amended by Laws 2009, c. 441, &sect; 8, eff. July 1, 2009. Renumbered from &sect; 41.23 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009. Amended by Laws 2012, c. 304, &sect; 337.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-34.8. Public Information Officer subject to provisions of Merit System.&nbsp;</span></p> <p><span class="cls0">The position of Public Information Officer within the Office of Management and Enterprise Services shall be subject to the provisions of the Merit System of Personnel Administration prescribed by the Oklahoma Personnel Act, Section 840-1.1 et seq. of Title 74 of the Oklahoma Statutes, and the rules promulgated thereunder.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1986, c. 267, &sect; 12, operative July 1, 1986. Amended by Laws 2009, c. 441, &sect; 9, eff. July 1, 2009. Renumbered from &sect; 41.42 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009. Amended by Laws 2012, c. 304, &sect; 338.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-34.9. Classification of funds - Manner of keeping fund accounts.&nbsp;</span></p> <p><span class="cls0">The Director of the Office of Management and Enterprise Services is hereby authorized and directed to classify funds in the State Treasury and to prescribe the manner of issuance of checks or warrants against each class of funds to accomplish the purpose for which each such fund was created. The State Treasurer shall be, and is, required to keep fund accounts in accordance with such classification. The Director of the Office of Management and Enterprise Services shall group funds of a similar nature in a series of classes. Accounting entities otherwise designated as funds, by other provisions of law, may be retained, deactivated, merged with other such entities or identified as accounts within funds as the Director of the Office of Management and Enterprise Services determines to be appropriate for purposes of the modernization and maintenance of the fund structure of the state.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1947, p. 365, &sect; 5, emerg. eff. April 16, 1947. Amended by Laws 1973, c. 46, &sect; 13, operative July 1, 1973; Laws 1984, c. 289, &sect; 5, operative July 1, 1984; Laws 2009, c. 441, &sect; 10, eff. July 1, 2009. Renumbered from &sect; 7.5 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009. Amended by Laws 2012, c. 304, &sect; 339.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-34.10. Annual financial report - Accounting procedures and guidelines.&nbsp;</span></p> <p><span class="cls0">The Director of the Office of Management and Enterprise Services shall cause to be prepared a comprehensive annual financial report, in accordance with generally accepted accounting principles for governments, and shall further have the general purpose financial statements included in the comprehensive annual financial report audited in accordance with generally accepted auditing standards. The Director is hereby authorized to establish procedures and guidelines which are consistent with those issued by the Government Accounting Standards Board, and which shall be followed by state agencies, colleges and universities and other entities who are included in the report, for purposes of establishing consistent application of accounting principles and to ensure the timeliness of the report.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1996, c. 290, &sect; 22, eff. July 1, 1996. Amended by Laws 2009, c. 441, &sect; 11, eff. July 1, 2009. Renumbered from &sect; 7.13 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009. Amended by Laws 2012, c. 304, &sect; 340.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-34.11. Duties and functions of Division of Central Accounting and Reporting.&nbsp;</span></p> <p><span class="cls0">The Division of Central Accounting and Reporting shall be responsible for accounting and auditing duties and the auditing and settlement of purchase orders, contracts, claims, payrolls, and other obligations.&nbsp;</span></p> <p><span class="cls0">The Division of Central Accounting and Reporting shall prepare uniform budget and accounting classifications for all state agencies and shall implement appropriate accounting methods and systems in state agencies. The Division of Central Accounting and Reporting shall:&nbsp;</span></p> <p><span class="cls0">1. Settle all claims payable by this state;&nbsp;</span></p> <p><span class="cls0">2. Verify distribution of all taxes and other dues collected for local governments;&nbsp;</span></p> <p><span class="cls0">3. Superintend the recovery of all debts due state government;&nbsp;</span></p> <p><span class="cls0">4. Keep the central budget and proprietary accounts of the state government;&nbsp;</span></p> <p><span class="cls0">5. Prepare and issue financial and accounting reports, at least quarterly;&nbsp;</span></p> <p><span class="cls0">6. Prescribe all forms, systems, and procedure for administering accounting for the several departments and establishments;&nbsp;</span></p> <p><span class="cls0">7. At the request of a state agency, assist in establishing standards, policies and procedures that ensure a strong and effective system of internal controls and regular monitoring of them;&nbsp;</span></p> <p><span class="cls0">8. Certify each and every requisition by a duly accredited disbursing officer for an advance of funds from the State Treasury to the Director of the Office of Management and Enterprise Services for approval; and&nbsp;</span></p> <p><span class="cls0">9. Establish a pre-audit system of settling claims for the entire government of this state and for state agencies in which vouchers supporting proposed payments are submitted to the Office of Management and Enterprise Services for audit and settlement.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1947, p. 370, &sect; 5, emerg. eff. Feb. 25, 1947. Amended by Laws 1979, c. 30, &sect; 95, emerg. eff. April 6, 1979; Laws 1983, c. 304, &sect; 54, eff. July 1, 1983; Laws 2009, c. 441, &sect; 12, eff. July 1, 2009. Renumbered from &sect; 41.5 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009. Amended by Laws 2012, c. 304, &sect; 341.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-34.11.1.1. Performance metrics &ndash; Data sets.&nbsp;</span></p> <p><span class="cls0">A. The Chief Information Officer shall source and submit to the State Governmental Technology Applications Review Board proposed state employee performance information metrics, convenience information sets and other data streams for possible publication on the &ldquo;data.ok.gov&rdquo; website in accordance with guidelines established by Section 34.11.2 of Title 62 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">B. The Chief Information Officer shall assist the State Governmental Technology Applications Review Board with developing performance metrics pursuant to the requirements of Section 34.27 of Title 62 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">C. The following data sets shall be placed online at the &ldquo;data.ok.gov&rdquo; website:&nbsp;</span></p> <p><span class="cls0">1. All state expenditures which shall include but not be limited to the name and address of the recipient of the expenditure, amount of expenditure, entire description of item or service purchased, date of expenditure, agency making expenditure and account from which the expenditure is made;&nbsp;</span></p> <p><span class="cls0">2. A detailed listing of all state revolving funds and the amount contained in each fund to be updated on a monthly basis; and&nbsp;</span></p> <p><span class="cls0">3. All spending data subject to publication by the School District Transparency Act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2011, c. 292, &sect; 10.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-34.11.1. Chief Information Officer.&nbsp;</span></p> <p><span class="cls0">A. There is hereby created the position of Chief Information Officer who shall be appointed by the Governor. The Chief Information Officer, in addition to having authority over the Information Services Division of the Office of Management and Enterprise Services, shall also serve as Secretary of Information Technology and Telecommunications or successor cabinet position and shall have jurisdictional areas of responsibility related to information technology and telecommunications systems of all state agencies as provided for in state law. The salary of the Chief Information Officer shall not be less than One Hundred Thirty Thousand Dollars ($130,000.00) or more than One Hundred Sixty Thousand Dollars ($160,000.00).&nbsp;</span></p> <p><span class="cls0">B. Any person appointed to the position of Chief Information Officer shall meet the following eligibility requirements:&nbsp;</span></p> <p><span class="cls0">1. A baccalaureate degree in Computer Information Systems, Information Systems or Technology Management, Business Administration, Finance, or other similar degree;&nbsp;</span></p> <p><span class="cls0">2. A minimum of ten (10) years of professional experience with responsibilities for management and support of information systems and information technology, including seven (7) years of direct management of a major information technology operation;&nbsp;</span></p> <p><span class="cls0">3. Familiarity with local and wide-area network design, implementation, and operation;&nbsp;</span></p> <p><span class="cls0">4. Experience with data and voice convergence service offerings;&nbsp;</span></p> <p><span class="cls0">5. Experience in developing technology budgets;&nbsp;</span></p> <p><span class="cls0">6. Experience in developing requests for proposal and administering the bid process;&nbsp;</span></p> <p><span class="cls0">7. Experience managing professional staff, teams, and consultants;&nbsp;</span></p> <p><span class="cls0">8. Knowledge of telecommunications operations;&nbsp;</span></p> <p><span class="cls0">9. Ability to develop and set strategic direction for information technology and telecommunications and to manage daily development and operations functions;&nbsp;</span></p> <p><span class="cls0">10. An effective communicator who is able to build consensus;&nbsp;</span></p> <p><span class="cls0">11. Ability to analyze and resolve complex issues, both logical and interpersonal;&nbsp;</span></p> <p><span class="cls0">12. Effective verbal and written communications skills and effective presentation skills, geared toward coordination and education;&nbsp;</span></p> <p><span class="cls0">13. Ability to negotiate and defuse conflict; and&nbsp;</span></p> <p><span class="cls0">14. A self-motivator, independent, cooperative, flexible and creative.&nbsp;</span></p> <p><span class="cls0">C. The salary and any other expenses for the Chief Information Officer shall be budgeted as a separate line item through the Office of Management and Enterprise Services. The operating expenses of the Information Services Division shall be set by the Chief Information Officer and shall be budgeted as a separate line item through the Office of Management and Enterprise Services. The Office of Management and Enterprise Services shall provide adequate office space, equipment and support necessary to enable the Chief Information Officer to carry out the information technology and telecommunications duties and responsibilities of the Chief Information Officer and the Information Services Division.&nbsp;</span></p> <p><span class="cls0">D. 1. Within twelve (12) months of appointment, the first Chief Information Officer shall complete an assessment, which shall be modified annually pursuant to Section 35.5 of this title, of the implementation of the transfer, coordination, and modernization of all information technology and telecommunication systems of all state agencies in the state as provided for in the Oklahoma Information Services Act. The assessment shall include the information technology and telecommunications systems of all institutions within The Oklahoma State System of Higher Education, the Oklahoma State Regents for Higher Education and the telecommunications network known as OneNet as assembled and submitted by the Oklahoma Higher Education Chief Information Officer, as designated by the Oklahoma State Regents for Higher Education.&nbsp;</span></p> <p><span class="cls0">2. Within twelve (12) months of appointment, the first Chief Information Officer shall issue a report setting out a plan of action which will include the following:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;define the shared service model organization structure and the reporting relationship of the recommended organization,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;the implementation of an information technology and telecommunications shared services model that defines the statewide infrastructure environment needed by most state agencies that is not specific to individual agencies and the shared applications that are utilized across multiple agencies,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;define the services that shall be in the shared services model under the control of the Information Services Division of the Office of Management and Enterprise Services,&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;define the roadmap to implement the proposed shared services model. The roadmap shall include recommendations on the transfer, coordination, and modernization of all information technology and telecommunication systems of all the state agencies in the state,&nbsp;</span></p> <p class="cls2"><span class="cls0">e.&nbsp;&nbsp;recommendations on the reallocation of information technology and telecommunication resources and personnel,&nbsp;</span></p> <p class="cls2"><span class="cls0">f.&nbsp;&nbsp;a cost benefit analysis to support the recommendations on the reallocation of information technology and telecommunication resources and personnel,&nbsp;</span></p> <p class="cls2"><span class="cls0">g.&nbsp;&nbsp;a calculation of the net savings realized through the reallocation and consolidation of information technology and telecommunication resources and personnel after compensating for the cost of contracting with a private consultant as authorized in paragraph 4 of this subsection, implementing the plan of action, and ongoing costs of the Information Services Division of the Office of Management and Enterprise Services, and&nbsp;</span></p> <p class="cls2"><span class="cls0">h.&nbsp;&nbsp;the information required in subsection B of Section 35.5 of this title.&nbsp;</span></p> <p><span class="cls0">3. The plan of action report shall be presented to the Governor, Speaker of the House of Representatives, and the President Pro Tempore of the State Senate.&nbsp;</span></p> <p><span class="cls0">4. The Chief Information Officer may contract with a private consultant or consultants to assist in the assessment and development of the plan of action report as required in this subsection.&nbsp;</span></p> <p><span class="cls0">E. The Chief Information Officer shall be authorized to employ personnel, fix the duties and compensation of the personnel, not otherwise prescribed by law, and otherwise direct the work of the personnel in performing the function and accomplishing the purposes of the Information Services Division of the Office of Management and Enterprise Services.&nbsp;</span></p> <p><span class="cls0">F. The Information Services Division of the Office of Management and Enterprise Services shall be responsible for the following duties:&nbsp;</span></p> <p><span class="cls0">1. Formulate and implement the information technology strategy for all state agencies;&nbsp;</span></p> <p><span class="cls0">2. Define, design, and implement a shared services statewide infrastructure and application environment for information technology and telecommunications for all state agencies;&nbsp;</span></p> <p><span class="cls0">3. Direct the development and operation of a scalable telecommunications infrastructure that supports data and voice communications reliability, integrity, and security;&nbsp;</span></p> <p><span class="cls0">4. Supervise the applications development process for those applications that are utilized across multiple agencies;&nbsp;</span></p> <p><span class="cls0">5. Provide direction for the professional development of information technology staff of state agencies and oversee the professional development of the staff of the Information Services Division of the Office of Management and Enterprise Services;&nbsp;</span></p> <p><span class="cls0">6. Evaluate all technology and telecommunication investment choices for all state agencies;&nbsp;</span></p> <p><span class="cls0">7. Create a plan to ensure alignment of current systems, tools, and processes with the strategic information technology plan for all state agencies;&nbsp;</span></p> <p><span class="cls0">8. Set direction and provide oversight for the support and continuous upgrading of the current information technology and telecommunication infrastructure in the state in support of enhanced reliability, user service levels, and security;&nbsp;</span></p> <p><span class="cls0">9. Direct the development, implementation, and management of appropriate standards, policies and procedures to ensure the success of state information technology and telecommunication initiatives;&nbsp;</span></p> <p><span class="cls0">10. Recruit, hire and transfer the required technical staff in the Information Services Division of the Office of Management and Enterprise Services to support the services provided by the Division and the execution of the strategic information technology plan;&nbsp;</span></p> <p><span class="cls0">11. Establish, maintain, and enforce information technology and telecommunication standards;&nbsp;</span></p> <p><span class="cls0">12. Delegate, coordinate, and review all work to ensure quality and efficient operation of the Information Services Division of the Office of Management and Enterprise Services;&nbsp;</span></p> <p><span class="cls0">13. Create and implement a communication plan that disseminates pertinent information to state agencies on standards, policies, procedures, service levels, project status, and other important information to customers of the Information Services Division of the Office of Management and Enterprise Services and provide for agency feedback and performance evaluation by customers of the Division;&nbsp;</span></p> <p><span class="cls0">14. Develop and implement training programs for state agencies using the shared services of the Information Services Division of the Office of Management and Enterprise Services and recommend training programs to state agencies on information technology and telecommunication systems, products and procedures;&nbsp;</span></p> <p><span class="cls0">15. Provide counseling, performance evaluation, training, motivation, discipline, and assign duties for employees of the Information Services Division of the Office of Management and Enterprise Services;&nbsp;</span></p> <p><span class="cls0">16. Approve the purchasing of all information technology and telecommunication products and services for all state agencies;&nbsp;</span></p> <p><span class="cls0">17. Develop and enforce an overall infrastructure architecture strategy and associated roadmaps for desktop, network, server, storage, and statewide management systems for state agencies;&nbsp;</span></p> <p><span class="cls0">18. Effectively manage the design, implementation and support of complex, highly available infrastructure to ensure optimal performance, on-time delivery of features, and new products, and scalable growth;&nbsp;</span></p> <p><span class="cls0">19. Define and implement a governance model for requesting services and monitoring service level metrics for all shared services; and&nbsp;</span></p> <p><span class="cls0">20. Create the budget for the Information Services Division of the Office of Management and Enterprise Services to be submitted to the Legislature each year.&nbsp;</span></p> <p><span class="cls0">G. The State Governmental Technology Applications Review Board shall provide ongoing oversight of the implementation of the plan of action required in subsection D of this section. Any proposed amendments to the plan of action shall be approved by the Board prior to adoption.&nbsp;</span></p> <p><span class="cls0">H. 1. The Chief Information Officer shall act as the Information Technology and Telecommunications Purchasing Director for all state agencies and shall be responsible for the procurement of all information technology and telecommunication software, hardware, equipment, peripheral devices, maintenance, consulting services, high technology systems, and other related information technology, data processing, telecommunication and related peripherals and services for all state agencies. The Chief Information Officer shall establish, implement, and enforce policies and procedures for the procurement of information technology and telecommunication software, hardware, equipment, peripheral devices, maintenance, consulting services, high technology systems, and other related information technology, data processing, telecommunication and related peripherals and services by purchase, lease-purchase, lease with option to purchase, lease and rental for all state agencies. The procurement policies and procedures established by the Chief Information Officer shall be consistent with The Oklahoma Central Purchasing Act.&nbsp;</span></p> <p><span class="cls0">2. The Chief Information Officer, or any employee or agent of the Chief Information Officer acting within the scope of delegated authority, shall have the same power and authority regarding the procurement of all information technology and telecommunication products and services as outlined in paragraph 1 of this subsection for all state agencies as the State Purchasing Director has for all acquisitions used or consumed by state agencies as established in The Oklahoma Central Purchasing Act. Such authority shall, consistent with the authority granted to the State Purchasing Director pursuant to Section 85.10 of Title 74 of the Oklahoma Statutes, include the power to designate financial or proprietary information submitted by a bidder confidential and reject all requests to disclose the information so designated, if the Chief Information Officer requires the bidder to submit the financial or proprietary information with a bid, proposal, or quotation.&nbsp;</span></p> <p><span class="cls0">I. The Information Services Division of the Office of Management and Enterprise Services and the Chief Information Officer shall be subject to The Oklahoma Central Purchasing Act for the approval and purchase of equipment and products not related to information and telecommunications technology, equipment, software, products and related peripherals and services and shall also be subject to the requirements of the Public Competitive Bidding Act of 1974, the Oklahoma Lighting Energy Conservation Act and the Public Building Construction and Planning Act when procuring data processing, information technology, telecommunication, and related peripherals and services and when constructing information technology and telecommunication facilities, telecommunication networks and supporting infrastructure. The Chief Information Officer shall be authorized to delegate all or some of the procurement of information technology and telecommunication products and services and construction of facilities and telecommunication networks to another state entity if the Chief Information Officer determines it to be cost-effective and in the best interest of the state. The Chief Information Officer shall have authority to designate information technology and telecommunication contracts as statewide contracts and mandatory statewide contracts pursuant to Section 85.5 of Title 74 of the Oklahoma Statutes and to negotiate consolidation contracts, enterprise agreements and high technology systems contracts in accordance with the procedures outlined in Section 85.9D of Title 74 of the Oklahoma Statutes. Any contract entered into by a state agency for which the Chief Information Officer has not acted as the Information Technology and Telecommunications Purchasing Director as required in this subsection or subsection H of this section, shall be deemed to be unenforceable and the Office of Management and Enterprise Services shall not process any claim associated with the provisions thereof.&nbsp;</span></p> <p><span class="cls0">J. The Chief Information Officer shall establish, implement, and enforce policies and procedure for the development and procurement of an interoperable radio communications system for state agencies. The Chief Information Officer shall work with local governmental entities in developing the interoperable radio communications system.&nbsp;</span></p> <p><span class="cls0">K. The Chief Information Officer shall develop and implement a plan to utilize open source technology and products for the information technology and telecommunication systems of all state agencies.&nbsp;</span></p> <p><span class="cls0">L. All state agencies and authorities of this state and all officers and employees of those entities shall work and cooperate with and lend assistance to the Chief Information Officer and the Information Services Division of the Office of Management and Enterprise Services and provide any and all information requested by the Chief Information Officer.&nbsp;</span></p> <p><span class="cls0">M. The Chief Information Officer shall prepare an annual report detailing the ongoing net saving attributable to the reallocation and consolidation of information technology and telecommunication resources and personnel and shall submit the report to the Governor, the Speaker of the House of Representatives, and the President Pro Tempore of the Senate.&nbsp;</span></p> <p><span class="cls0">N. For purposes of the Oklahoma Information Services Act, unless otherwise provided for, "state agencies" shall include any office, officer, bureau, board, commission, counsel, unit, division, body, authority or institution of the executive branch of state government, whether elected or appointed; provided, except with respect to the provisions of subsection D of this section, the term "state agencies" shall not include institutions within The Oklahoma State System of Higher Education, the Oklahoma State Regents for Higher Education and the telecommunications network known as OneNet.&nbsp;</span></p> <p><span class="cls0">O. As used in this section:&nbsp;</span></p> <p><span class="cls0">1. "High technology system" means advanced technological equipment, software, communication lines, and services for the processing, storing, and retrieval of information by a state agency;&nbsp;</span></p> <p><span class="cls0">2. "Consolidation contract" means a contract for several state or public agencies for the purpose of purchasing information technology and telecommunication goods and services; and&nbsp;</span></p> <p><span class="cls0">3. "Enterprise agreement" means an agreement for information technology or telecommunication goods and services with a supplier who manufactures, develops and designs products and provides services that are used by one or more state agencies.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2009, c. 451, &sect; 2. Renumbered from &sect; 41.5.1 of this title by Laws 2009, c. 451, &sect; 24. Amended by Laws 2011, c. 296, &sect; 10; Laws 2012, c. 304, &sect; 342; Laws 2013, c. 15, &sect; 56, emerg. eff. April 8, 2013; Laws 2013, c. 358, &sect; 6, eff. July 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 2012, c. 292, &sect; 1 repealed by Laws 2013, c. 15, &sect; 57, emerg. eff. April 8, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-34.11.2. Oklahoma State Government 2.0 Initiative - Policies, schedules and standards.&nbsp;</span></p> <p><span class="cls0">A. There is hereby established the Oklahoma State Government 2.0 Initiative.&nbsp;</span></p> <p><span class="cls0">B. The State Governmental Technology Applications Review Board shall consider and approve a standardized social media policy for use by state agencies, boards, commissions and public trusts having the State of Oklahoma as a beneficiary.&nbsp;</span></p> <p><span class="cls0">C. The board shall establish open technology standards and a schedule by which state agencies, boards, commissions and public trusts having the State of Oklahoma as a beneficiary shall utilize these standards to provide citizens with web-based interactivity to state government services. Whenever possible these standards shall match commonly used standards by other government entities.&nbsp;</span></p> <p><span class="cls0">D. The board shall set a schedule by which state agencies, boards, commissions and public trusts having the State of Oklahoma as a beneficiary shall publish and update convenience information sets which shall be accessible through standardized application programming interfaces and published in standardized formats including but not limited to eXtensible Markup Language (XML) and Comma Separated Value (CSV) formats. The board shall establish application programming interface standards which enable access to convenience information sets. The schedule shall place an emphasis on first making accessible convenience information sets most commonly requested in open records requests. A directory and link to all available convenience information sets shall be prominently featured on the portal system referenced in Section 34.24 of this title and if possible linked to the data.ok.gov web portal.&nbsp;</span></p> <p><span class="cls0">E. The board may conduct events and contests to provide recognition of software application development provided that the application being recognized utilizes standards established in this section to the benefit of the citizens of Oklahoma.&nbsp;</span></p> <p><span class="cls0">F. The board shall establish an application process through which applicants can request the scheduled implementation of application programming interfaces, creation of open technology standards and publication of convenience information sets pursuant to the provisions of this section. Instructions regarding the application process shall be prominently featured on the portal system referenced in Section 34.24 of this title.&nbsp;</span></p> <p><span class="cls0">G. State agencies, boards, commissions and public trusts having the State of Oklahoma as a beneficiary shall comply with the policies, schedules and standards established by this section.&nbsp;</span></p> <p><span class="cls0">H. The board shall promulgate performance information metrics and guidelines which shall be used to establish criteria which govern participation in the "State Government Employee Performance Transparency Pilot Program". The board shall set a schedule for the publication of performance information metrics through the data.ok.gov website.&nbsp;</span></p> <p><span class="cls0">I. For the purposes of this section, "open technology standards" are widely accepted standards and mechanisms for the web-based connectivity and asynchronous communication between software programs. "Application programming interface" is a standardized interface enabling a standard form of connectivity between convenience information sets and software programs, "performance information metrics" are sets of information which reflect the performance of state employees and state agencies, and "convenience information sets" are sets of information which are subject to public access under the Oklahoma Open Records Act and which do not contain personally identifiable information.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2010, c. 475, &sect; 4, emerg. eff. June 10, 2010. Amended by Laws 2011, c. 292, &sect; 9; Laws 2013, c. 358, &sect; 7, eff. July 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-34.11.3. Oklahoma State Government Open Documents Initiative.&nbsp;</span></p> <p><span class="cls0">A. There is hereby established the &ldquo;Oklahoma State Government Open Documents Initiative&rdquo;.&nbsp;</span></p> <p><span class="cls0">B. The Chief Information Officer shall develop and maintain an online web presence at the web address &ldquo;documents.ok.gov&rdquo;. The site shall allow public access to electronic documents described in this section. The site shall include functionality allowing site visitors to search the documents by term.&nbsp;</span></p> <p><span class="cls0">C. The Chief Information Officer shall promulgate procedures by which each state agency, board, commission, and public trust having the State of Oklahoma as a beneficiary shall submit a searchable electronic version of each publication to the &ldquo;documents.ok.gov&rdquo; website. The procedures shall require submission to the site of all publications otherwise required by law to be submitted to either the Publications Clearinghouse of the Department of Libraries, the Governor, the Speaker of the House of Representatives or the President Pro Tempore of the Senate. The procedures shall require the electronic documents to be provided in an indexed format which enables the document to be searched by specific term.&nbsp;</span></p> <p><span class="cls0">D. State agencies, boards, commissions, and public trusts having the State of Oklahoma as a beneficiary shall comply with procedures promulgated pursuant to the terms of this section.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2011, c. 292, &sect; 4.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-34.11.4. Oklahoma State Government Forms One-Stop Initiative.&nbsp;</span></p> <p><span class="cls0">A. There is hereby established the &ldquo;Oklahoma State Government Forms One-Stop Initiative&rdquo;.&nbsp;</span></p> <p><span class="cls0">B. The Chief Information Officer shall develop and maintain an online web presence at the web address &ldquo;forms.ok.gov&rdquo;. The site shall allow public access to forms described in this section. The site shall include functionality allowing site visitors to search the forms by term.&nbsp;</span></p> <p><span class="cls0">C. The Chief Information Officer shall promulgate procedures by which each state agency, board, commission, and public trust having the State of Oklahoma as a beneficiary shall submit a searchable electronic version of each form to the &ldquo;forms.ok.gov&rdquo; website. The procedures shall require the forms to be provided in an indexed format which enables the form to be searched by specific term.&nbsp;</span></p> <p><span class="cls0">D. State agencies, boards, commissions, and public trusts having the State of Oklahoma as a beneficiary shall comply with procedures promulgated pursuant to the terms of this section.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2011, c. 292, &sect; 5.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-34.11.5. Oklahoma State Government Geographic Information One-Stop Initiative.&nbsp;</span></p> <p><span class="cls0">A. There is hereby established the &ldquo;Oklahoma State Government Geographic Information One-Stop Initiative&rdquo;.&nbsp;</span></p> <p><span class="cls0">B. The State Geographic Information Coordinator shall develop and maintain an online web presence at the web address &ldquo;maps.ok.gov&rdquo;. The site shall allow public access to geodata described in this section.&nbsp;</span></p> <p><span class="cls0">C. The State Geographic Information Coordinator shall promulgate procedures by which each state agency, board, commission and public trust having the State of Oklahoma as a beneficiary shall submit geodata to the Office of Geographic Information to be published on the &ldquo;maps.ok.gov&rdquo; website.&nbsp;</span></p> <p><span class="cls0">D. For the purposes of this section, the term &ldquo;geodata&rdquo; shall mean information which can be presented as a component of a geographic or spatial presentation.&nbsp;</span></p> <p><span class="cls0">E. State agencies, boards, commissions and public trusts having the State of Oklahoma as a beneficiary shall comply with procedures promulgated pursuant to the terms of this section.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2011, c. 292, &sect; 7.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-34.11.6. Repealed by Laws 2013, c. 358, &sect; 38, eff. July 1, 2013.&nbsp;</span></p> <p><span class="cls0">&sect;62-34.11.7. Statewide assistance program - Performance reporting metrics &ndash; Telework pilot program.&nbsp;</span></p> <p><span class="cls0">A. 1. The State Governmental Technology Applications Review Board shall establish a statewide assistance program with guidelines and support to encourage all state agencies in the development of a telework model designed for maximum efficiency and to reduce the need for additional state office space and to produce cost savings.&nbsp;</span></p> <p><span class="cls0">2. In establishing a statewide assistance telework program, the Board, working with the Office of Management and Enterprise Services, shall:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;provide policies and guidance for telework in the areas of pay and leave, performance management, official worksite, recruitment and retention and accommodation for employees with disabilities,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;assist each state agency in establishing qualitative and quantitative measures and telework goals,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;provide guidance to ensure the adequacy of information and security protections for information and information systems while teleworking to:&nbsp;</span></p> <p class="cls3"><span class="cls0">(1)&nbsp;&nbsp;control access to agency information and information systems,&nbsp;</span></p> <p class="cls3"><span class="cls0">(2)&nbsp;&nbsp;protect agency information and information systems,&nbsp;</span></p> <p class="cls3"><span class="cls0">(3)&nbsp;&nbsp;protect information systems not under the control of the state agency that are used for telework,&nbsp;</span></p> <p class="cls3"><span class="cls0">(4)&nbsp;&nbsp;limit the introduction of vulnerabilities, and&nbsp;</span></p> <p class="cls3"><span class="cls0">(5)&nbsp;&nbsp;safeguard wireless and other telecommunications capabilities, and&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;maintain a central telework website including:&nbsp;</span></p> <p class="cls3"><span class="cls0">(1)&nbsp;&nbsp;telework links,&nbsp;</span></p> <p class="cls3"><span class="cls0">(2)&nbsp;&nbsp;announcements,&nbsp;</span></p> <p class="cls3"><span class="cls0">(3)&nbsp;&nbsp;guidance developed by the Board and the Office of Management and Enterprise Services, and&nbsp;</span></p> <p class="cls3"><span class="cls0">(4)&nbsp;&nbsp;documents to be used by staff, managers and human resource professionals.&nbsp;</span></p> <p><span class="cls0">B. The State Governmental Technology Applications Review Board shall establish performance reporting metrics for each state employee who begins participating in telework following July 1, 2012. These reports shall be published through the data.ok.gov website.&nbsp;</span></p> <p><span class="cls0">C. All requests for additional office space for a state agency shall be submitted and reviewed by the State Governmental Technology Applications Review Board according to the guidelines established pursuant to subsection A of this section. Prior to the lease, purchase, rental or issuance of bonds for the use of additional office space, a state agency shall receive certification from the State Governmental Technology Applications Review Board that the lease, purchase, rental or issuance of bonds is necessary, after considering the extent to which state employee jobs in that agency can be performed through telework and telework is eliminated as a viable plan for additional space.&nbsp;</span></p> <p><span class="cls0">D. The Oklahoma Healthcare Authority shall authorize one division of employees to participate in a telework pilot program pursuant to the terms of this section.&nbsp;</span></p> <p><span class="cls0">E. For the purposes of this section, "performance reporting metrics" shall mean a set of criteria which demonstrates the quantity and quality of work. "Telework" shall mean work which is performed outside of the traditional on-site work environment.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2011, c. 292, &sect; 11. Amended by Laws 2013, c. 358, &sect; 8, eff. July 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-34.11.8. Oklahoma State Government IT Project Monitoring and Transparency Initiative.&nbsp;</span></p> <p><span class="cls0">A. There is hereby established the &ldquo;Oklahoma State Government IT Project Monitoring and Transparency Initiative&rdquo;.&nbsp;</span></p> <p><span class="cls0">B. The Chief Information Officer shall develop and maintain an online web presence at the web address &ldquo;projects.ok.gov&rdquo;. The site shall allow the public to monitor the status of every information technology project resulting in expenditure in excess of One Hundred Thousand Dollars ($100,000.00).&nbsp;</span></p> <p><span class="cls0">C. A report of each project subject to the terms of this initiative shall be updated regularly and provide the public with updates as to the status of the project&rsquo;s estimated completion time, deliverables and cost. Projects shall be judged against clear metrics which shall be articulated on the website prior to the commencement of each project.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2011, c. 292, &sect; 12.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-34.11.9. Oklahoma State Government Business Licensing One-Stop Program.&nbsp;</span></p> <p><span class="cls0">A. There is hereby established the Oklahoma State Government Business Licensing One-Stop Program.&nbsp;</span></p> <p><span class="cls0">B. The Chief Information Officer shall promulgate procedures by which state agencies shall enter into an arrangement with the Office of Management and Enterprise Services for the provision of a real-time licensing and permitting one-stop web-based offering.&nbsp;</span></p> <p><span class="cls0">C. Real-time licensing and permitting services shall be made available to the public through the website Business.ok.gov and shall be offered through the 2nd Century Entrepreneurship Center business licensing framework.&nbsp;</span></p> <p><span class="cls0">D. The 2nd Century Entrepreneurship Center and all corresponding assets and personnel are hereby transferred from the Oklahoma Department of Commerce to the Information Services Division of the Office of Management and Enterprise Services.&nbsp;</span></p> <p><span class="cls0">E. The Chief Information Officer may grant an exemption from the requirements of this section to state agencies which offer licensing and permitting procedures requiring documentation that cannot be provided through a web-based portal. Exemptions shall be limited to individual licensing processes, shall not be granted on an agency-by-agency basis and shall be reported according to the requirements of subsection D of Section 34.24.1 of this title. Each exemption shall be renewed on an annual basis.&nbsp;</span></p> <p><span class="cls0">F. State agencies shall comply with procedures promulgated pursuant to the terms of this section.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2011, c. 300, &sect; 1. Amended by Laws 2012, c. 304, &sect; 344; Laws 2013, c. 358, &sect; 9, eff. July 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-34.11.10. Oklahoma State Government Security Breach Transparency Initiative.&nbsp;</span></p> <p><span class="cls0">A. There is hereby established the Oklahoma State Government Security Breach Transparency Initiative.&nbsp;</span></p> <p><span class="cls0">B. The Chief Information Officer shall develop and maintain an online web presence at the web address security.ok.gov. The site shall allow the public access to security breaches as described in this section.&nbsp;</span></p> <p><span class="cls0">C. For each security breach of a system for which notification may be required of any state agency pursuant to Section 3113.1 of Title 74 of the Oklahoma Statutes or any other applicable Oklahoma or federal law, rule or regulation, the state agency shall immediately notify the Chief Information Officer of the breach and fully cooperate to provide all information related to the breach that is requested by the Chief Information Officer.&nbsp;</span></p> <p><span class="cls0">D. Information related to each security breach referenced in subsection C of this section shall be posted on the security.ok.gov website and when applicable the information shall be updated.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2013, c. 358, &sect; 10, eff. July 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-34.12. Information Services Division - Powers and duties.&nbsp;</span></p> <p><span class="cls0">A. The Information Services Division of the Office of Management and Enterprise Services shall:&nbsp;</span></p> <p><span class="cls0">1. Coordinate information technology planning through analysis of the long-term information technology plans for each agency;&nbsp;</span></p> <p><span class="cls0">2. Develop a statewide information technology plan with annual modifications to include, but not be limited to, individual agency plans and information systems plans for the statewide electronic information technology function;&nbsp;</span></p> <p><span class="cls0">3. Establish and enforce minimum mandatory standards for:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;information systems planning,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;systems development methodology,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;documentation,&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;hardware requirements and compatibility,&nbsp;</span></p> <p class="cls2"><span class="cls0">e.&nbsp;&nbsp;operating systems compatibility,&nbsp;</span></p> <p class="cls2"><span class="cls0">f.&nbsp;&nbsp;acquisition of software, hardware and technology-related services,&nbsp;</span></p> <p class="cls2"><span class="cls0">g.&nbsp;&nbsp;information security and internal controls,&nbsp;</span></p> <p class="cls2"><span class="cls0">h.&nbsp;&nbsp;data base compatibility,&nbsp;</span></p> <p class="cls2"><span class="cls0">i.&nbsp;&nbsp;contingency planning and disaster recovery, and&nbsp;</span></p> <p class="cls2"><span class="cls0">j.&nbsp;&nbsp;imaging systems, copiers, facsimile systems, printers, scanning systems and any associated supplies.&nbsp;</span></p> <p><span class="cls0">The standards shall, upon adoption, be the minimum requirements applicable to all agencies. These standards shall be compatible with the standards established for the Oklahoma Government Telecommunications Network. Individual agency standards may be more specific than statewide requirements but shall in no case be less than the minimum mandatory standards. Where standards required of an individual agency of the state by agencies of the federal government are more strict than the state minimum standards, such federal requirements shall be applicable;&nbsp;</span></p> <p><span class="cls0">4. Develop and maintain applications for agencies not having the capacity to do so;&nbsp;</span></p> <p><span class="cls0">5. Operate a data service center to provide operations and hardware support for agencies requiring such services and for statewide systems;&nbsp;</span></p> <p><span class="cls0">6. Maintain a directory of the following which have a value of Five Hundred Dollars ($500.00) or more: application systems, systems software, hardware, internal and external information technology, communication or telecommunication equipment owned, leased, or rented for use in communication services for state government, including communication services provided as part of any other total system to be used by the state or any of its agencies, and studies and training courses in use by all agencies of the state; and facilitate the utilization of the resources by any agency having requirements which are found to be available within any agency of the state;&nbsp;</span></p> <p><span class="cls0">7. Assist agencies in the acquisition and utilization of information technology systems and hardware to effectuate the maximum benefit for the provision of services and accomplishment of the duties and responsibilities of agencies of the state;&nbsp;</span></p> <p><span class="cls0">8. Coordinate for the executive branch of state government agency information technology activities, encourage joint projects and common systems, linking of agency systems through the review of agency plans, review and approval of all statewide contracts for software, hardware and information technology consulting services and development of a statewide plan and its integration with the budget process to ensure that developments or acquisitions are consistent with statewide objectives and that proposed systems are justified and cost effective;&nbsp;</span></p> <p><span class="cls0">9. Develop performance reporting guidelines for information technology facilities and conduct an annual review to compare agency plans and budgets with results and expenditures;&nbsp;</span></p> <p><span class="cls0">10. Establish operations review procedures for information technology installations operated by agencies of the state for independent assessment of productivity, efficiency, cost effectiveness, and security;&nbsp;</span></p> <p><span class="cls0">11. Establish data center user charges for billing costs to agencies based on the use of all resources;&nbsp;</span></p> <p><span class="cls0">12. Provide system development and consultant support to state agencies on a contractual, cost reimbursement basis; and&nbsp;</span></p> <p><span class="cls0">13. In conjunction with the Oklahoma Office of Homeland Security, enforce the minimum information security and internal control standards established by the Information Services Division. An enforcement team consisting of the Chief Information Officer of the Information Services Division or a designee, a representative of the Oklahoma Office of Homeland Security, and a representative of the Oklahoma State Bureau of Investigation shall enforce the minimum information security and internal control standards. If the enforcement team determines that an agency is not in compliance with the minimum information security and internal control standards, the Chief Information Officer shall take immediate action to mitigate the noncompliance, including the removal of the agency from the infrastructure of the state until the agency becomes compliant, taking control of the information technology function of the agency until the agency is compliant, and transferring the administration and management of the information technology function of the agency to the Information Services Division or another state agency.&nbsp;</span></p> <p><span class="cls0">B. No agency of the executive branch of the state shall use state funds for or enter into any agreement for the acquisition of any category of computer hardware, software or any contract for information technology or telecommunication services and equipment, service costs, maintenance costs, or any other costs or fees associated with the acquisition of the services or equipment, without written authorization of the Chief Information Officer or a designee. If written authorization is not obtained prior to incurring an expenditure or entering into any agreement as required in this subsection or as required in Section 35.4 of this title, the Office of Management and Enterprise Services may not process any claim associated with the expenditure and the provisions of any agreement shall not be enforceable. The provisions of this subsection shall not be applicable to any member of The Oklahoma State System of Higher Education, any public elementary or secondary schools of the state, any technology center school district as defined in Section 14-108 of Title 70 of the Oklahoma Statutes, or CompSource Oklahoma.&nbsp;</span></p> <p><span class="cls0">C. The Chief Information Officer and Information Services Division of the Office of Management and Enterprise Services and all agencies of the executive branch of the state shall not be required to disclose, directly or indirectly, any information of a state agency which is declared to be confidential or privileged by state or federal statute or the disclosure of which is restricted by agreement with the United States or one of its agencies, nor disclose information technology system details that may permit the access to confidential information or any information affecting personal security, personal identity, or physical security of state assets.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1984, c. 290, &sect; 2, operative July 1, 1984. Amended by Laws 1992, c. 268, &sect; 5, eff. Sept. 1, 1992; Laws 2001, c. 33, &sect; 51, eff. July 1, 2001; Laws 2005, c. 391, &sect; 1, eff. July 1, 2005; Laws 2006, c. 266, &sect; 1, eff. July 1, 2006. Renumbered from &sect; 41.5a of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009. Amended by Laws 2009, c. 451, &sect; 4, eff. April 5, 2010; Laws 2010, c. 2, &sect; 34, eff. April 5, 2010; Laws 2011, c. 296, &sect; 11; Laws 2012, c. 292, &sect; 2; Laws 2013, c. 15, &sect; 58, emerg. eff. April 8, 2013; Laws 2013, c. 358, &sect; 11, eff. July 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 2009, c. 454, &sect; 7 repealed by Laws 2010, c. 2, &sect; 35, eff. April 5, 2010. Laws 2012, c. 304, &sect; 345 repealed by Laws 2013, c. 15, &sect; 59, emerg. eff. April 8, 2013.&nbsp;</span></p> <p><span class="cls0">NOTE: Laws 2009, c. 451, &sect; 26, provides: &ldquo;The provisions of Sections 3 through 15, 17 through 20, 22 and 23 of this act shall be effective and shall become operative on the effective date of the appointment of the first Chief Information Officer by the Governor as provided for in Section 2 of this act.&rdquo; The first Chief Information Officer was appointed by the Governor on April 5, 2010.&nbsp;</span></p> <p><span class="cls0">NOTE: Laws 2010, c. 2, &sect; 106, provides: &ldquo;The provisions of Sections 32 through 43 and Sections 96 and 97 of this act shall be effective and shall become operative on the effective date of the appointment of the first Chief Information Officer by the Governor as provided in Section 34.11.1 of Title 62 of the Oklahoma Statutes.&rdquo; The first Chief Information Officer was appointed by the Governor on April 5, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-34.12.1. High technology systems and upgrades and enhancements.&nbsp;</span></p> <p><span class="cls0">A. No state agency shall enter into a contract for the acquisition of a high technology system unless the vendors proposing to supply the acquisition:&nbsp;</span></p> <p><span class="cls0">1. Provide documentation of the projected schedule of recommended or required upgrades or improvements to the high technology system over a projected three-year period following the targeted purchase date; or&nbsp;</span></p> <p><span class="cls0">2. Provide documentation that no recommended or required upgrades or improvements to the high technology system are planned over a projected three-year period following the targeted purchase date.&nbsp;</span></p> <p><span class="cls0">For purposes of this subsection, vendors shall provide documentation required for all entities which will be utilized in satisfying any phase.&nbsp;</span></p> <p><span class="cls0">B. No state agency shall enter into a contract for the acquisition of an upgrade or enhancement to a high technology system unless:&nbsp;</span></p> <p><span class="cls0">1. The vendor agrees to provide the acquisition at no charge to the state;&nbsp;</span></p> <p><span class="cls0">2. The vendor previously agreed in a contract to provide the acquisition at no additional charge to the state;&nbsp;</span></p> <p><span class="cls0">3. The state agency obtains from the vendor proposing to supply the acquisition documentation that any required or recommended upgrade will enhance or is necessary for the performance of the state agency duties and responsibilities; or&nbsp;</span></p> <p><span class="cls0">4. The vendor provides documentation that the vendor will no longer supply assistance to the state agency for the purpose of maintenance of the high technology system and the state agency documents that the functions performed by the high technology system are necessary for the performance of the state agency duties and responsibilities.&nbsp;</span></p> <p><span class="cls0">C. The Chief Information Officer or the procurement officer of state agencies not subject to The Oklahoma Central Purchasing Act shall not process any state agency request for a high technology system acquisition unless the proposed vendor provides documentation that complies with subsections A or B of this section.&nbsp;</span></p> <p><span class="cls0">D. The Chief Information Officer shall provide such advice and assistance as may be required in order for state agencies to comply with the provisions of this section. For purposes of this section, "state agency" shall include all state agencies, whether or not the agency is subject to The Oklahoma Central Purchasing Act or any other law related to procurement of goods and services.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1998, c. 371, &sect; 6, eff. Nov. 1, 1998. Amended by Laws 2013, c. 358, &sect; 28, eff. July 1, 2013. Renumbered from &sect; 85.7c of Title 74 by Laws 2013, c. 358, &sect; 34, eff. July 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-34.13. Statement of charges.&nbsp;</span></p> <p><span class="cls0">The Information Services Division of the Office of Management and Enterprise Services shall, at the end of each month, render a statement of charges to all state agencies to which it has furnished processing services for the direct costs of the Data Service Center of the Information Services Division, which shall be timely paid. In total, the charges shall not exceed the direct costs of the Data Service Center of the Information Services Division. Systems analysts and programming services costs shall be recovered directly from the agency for which the service was rendered, as agreed to by that agency, and shall not be prorated to agencies not receiving such services. If the charges or programming services costs are not timely paid by a state agency, the Information Services Division may request the Division of Central Accounting and Reporting of the Office of Management and Enterprise Services to create vouchers and process payments to the Information Services Division against the funds of the delinquent agency. All amounts so collected shall be deposited in the State Treasury to the credit of the General Revenue Fund.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1985, c. 203, &sect; 49, operative July 1, 1985. Amended by Laws 1985, c. 344, &sect; 4, emerg. eff. July 30, 1985; Laws 2006, c. 266, &sect; 2, eff. July 1, 2006. Renumbered from &sect; 41.5a-1 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009. Amended by Laws 2009, c. 451, &sect; 5, eff. April 5, 2010; Laws 2012, c. 304, &sect; 346; Laws 2013, c. 358, &sect; 12, eff. July 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 2009, c. 451, &sect; 26, provides: "The provisions of Sections 3 through 15, 17 through 20, 22 and 23 of this act shall be effective and shall become operative on the effective date of the appointment of the first Chief Information Officer by the Governor as provided for in Section 2 of this act." The first Chief Information Officer was appointed by the Governor on April 5, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-34.14. Renumbered from &sect; 41.5a-2 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009. Repealed by Laws 2009, c. 451, &sect; 25, eff. July 1, 2009.&nbsp;</span></p> <p><span class="cls0">&sect;62-34.15. Information Services Division - Authority over certain information technology equipment facilities.&nbsp;</span></p> <p><span class="cls0">The Information Services Division of the Office of Management and Enterprise Services is authorized to:&nbsp;</span></p> <p><span class="cls0">1. Define the requirements for a facility that can be used by any state agency to:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;install backup information technology equipment, or&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;install information technology equipment acquired as the result of the primary processing facilities being unavailable for an extended period of time;&nbsp;</span></p> <p><span class="cls0">2. Enter into a multiyear agreement for a private facility that meets the defined requirements; and&nbsp;</span></p> <p><span class="cls0">3. Advise state agencies when the facility is available for their use.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2007, c. 148, &sect; 3, emerg. eff. May 16, 2007. Renumbered from &sect; 41.5a-3 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009. Amended by Laws 2012, c. 304, &sect; 347.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-34.16. Repealed by Laws 2013, c. 358, &sect; 38, eff. July 1, 2013.&nbsp;</span></p> <p><span class="cls0">&sect;62-34.17. Repealed by Laws 2013, c. 358, &sect; 38, eff. July 1, 2013.&nbsp;</span></p> <p><span class="cls0">&sect;62-34.18. Repealed by Laws 2013, c. 358, &sect; 38, eff. July 1, 2013.&nbsp;</span></p> <p><span class="cls0">&sect;62-34.19. Information Services Division of Office of Management and Enterprise Services - Creation and maintenance of state central communication or intercommunication system.&nbsp;</span></p> <p><span class="cls0">A. The Information Services Division of the Office of Management and Enterprise Services is directed, authorized and empowered to enter into contracts for, to establish criteria for and manage the installation, maintenance and administration of a central communication or intercommunication system for and upon behalf of this state. The installation shall fulfill communication or intercommunications requirements of this state and its agencies located in the Capitol and those buildings situated on the Capitol grounds, known as the "Capitol Complex" in Oklahoma City, Oklahoma, the state-owned building known as the "Tulsa Capitol Building" in Tulsa, Oklahoma, buildings which house state agencies located within four (4) miles of the Capitol Complex, and any location used for the administration of the information technology and telecommunication infrastructure and security for the state.&nbsp;</span></p> <p><span class="cls0">B. The Information Services Division shall render a statement of charges at the end of each month to all state agencies to which it has furnished communications services for the direct cost sustained, which shall timely be paid. If the charges are not timely paid by a state agency, the Information Services Division may request the Division of Central Accounting and Reporting of the Office of Management and Enterprise Services to create vouchers and process payments to the Information Services Division against the funds of the delinquent agency. The following provisions shall apply to the charges:&nbsp;</span></p> <p><span class="cls0">1. A pro rata formula is to be established in writing after giving consideration to the type of service furnished, the number and kinds of instruments used, the cost of operation and special installations required in each such agency in relation to the total cost of local service. The formula, once determined, is not to be redetermined more often than once every six (6) months nor to be changed after any such redetermination before the expiration of six (6) months; and&nbsp;</span></p> <p><span class="cls0">2. The Information Services Division is to be reimbursed by the state or any of its agencies for actual cost incurred for equipment installation or modification or for toll charges for use of telephone, telegraph, teletype, data communications, Internet, eGovernment, as referenced in Sections 34.24 and 34.25 of this title, or other form or forms of communication or intercommunication incurred by the state or by any agency.&nbsp;</span></p> <p><span class="cls0">C. No telephone, teletype, switchboard, line, cable system, data communication system, Internet, eGovernment, or systems of communication or intercommunication are to be installed in any building or buildings owned, rented, leased or otherwise held by this state or its agencies at locations described in subsection A of this section without written order of the Chief Information Officer or a designee. Provided, however, that acquisition and installation of such equipment in the Legislature shall be subject to the final approval of the Speaker of the House of Representatives or the President Pro Tempore of the Senate as appropriate.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1985, c. 48, &sect; 4, eff. July 1, 1985. Amended by Laws 2006, c. 266, &sect; 4, eff. July 1, 2006. Renumbered from &sect; 41.5h of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009. Amended by Laws 2009, c. 451, &sect; 9, eff. April 5, 2010; Laws 2012, c. 304, &sect; 351; Laws 2013, c. 358, &sect; 13, eff. July 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 2009, c. 451, &sect; 26, provides: "The provisions of Sections 3 through 15, 17 through 20, 22 and 23 of this act shall be effective and shall become operative on the effective date of the appointment of the first Chief Information Officer by the Governor as provided for in Section 2 of this act." The first Chief Information Officer was appointed by the Governor on April 5, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-34.20. Information Services Division of Office of Management and Enterprise Services - Additional powers and duties relating to communications and telecommunications.&nbsp;</span></p> <p><span class="cls0">In addition to the powers and duties as defined elsewhere in this title, the Information Services Division of the Office of Management and Enterprise Services shall:&nbsp;</span></p> <p><span class="cls0">1. Coordinate statewide planning and approve statewide contracts for communication and telecommunications needs of state agencies, including, but not limited to, voice, data, radio including the interoperable radio communications system for state agencies, video, broadband, Wi-Fi or wireless networking, Global Positioning Systems (GPS), Internet, eGovernment, as referenced in Sections 34.24 and 34.25 of this title, and facsimile transmissions through analysis of the telecommunications and information technology plan of each agency;&nbsp;</span></p> <p><span class="cls0">2. In coordination with the Oklahoma Office of Homeland Security, establish minimum mandatory standards and protocols for:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;communication networks and equipment,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;wide area and local area systems,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;integration of equipment, systems and joint usage,&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;Internet and eGovernment,&nbsp;</span></p> <p class="cls2"><span class="cls0">e.&nbsp;&nbsp;operating systems or methods to be used to meet communications requirements efficiently, effectively, and securely,&nbsp;</span></p> <p class="cls2"><span class="cls0">f.&nbsp;&nbsp;rendering of aid between state government and its political subdivisions with respect to organizing of communications systems, and&nbsp;</span></p> <p class="cls2"><span class="cls0">g.&nbsp;&nbsp;an economical and cost-effective utilization of communication services.&nbsp;</span></p> <p><span class="cls0">The standards and protocols shall be compatible with the standards and protocols established for the Oklahoma Government Telecommunications Network;&nbsp;</span></p> <p><span class="cls0">3. Serve as a focal point for all statewide projects and approve all statewide contracts for state agencies involving current communications vendors where the focus of such authority can substantially enhance the state communications plan or the savings which can be achieved thereunder;&nbsp;</span></p> <p><span class="cls0">4. Provide, when requested by political subdivisions of the state, for the organizing of communications or telecommunications systems and service between the state and its political subdivisions and enter into agreements to effect the purposes of this section;&nbsp;</span></p> <p><span class="cls0">5. Cooperate with any federal, state or local emergency management agency in providing for emergency communications and telecommunication services;&nbsp;</span></p> <p><span class="cls0">6. Apply for, receive, and hold, or assist agencies in applying for, receiving or holding such authorizations, licenses and allocations of channels and frequencies to carry out the purposes of this section;&nbsp;</span></p> <p><span class="cls0">7. Accomplish such other purposes as may be necessary or incidental to the administration of its authority or functions pursuant to law; and&nbsp;</span></p> <p><span class="cls0">8. Provide support for telecommunication networks of state agencies through analysis of the telecommunications needs and requirements of each agency and promotion of the use of the Oklahoma Government Telecommunications Network.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1985, c. 48, &sect; 5, eff. July 1, 1985. Amended by Laws 1992, c. 268, &sect; 6, eff. Sept. 1, 1992; Laws 2005, c. 391, &sect; 2, eff. July 1, 2005; Laws 2006, c. 266, &sect; 5, eff. July 1, 2006; Laws 2009, c. 212, &sect; 2, eff. Nov. 1, 2009. Renumbered from &sect; 41.5i of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009. Amended by Laws 2009, c. 451, &sect; 10, eff. April 5, 2010; Laws 2012, c. 304, &sect; 352.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 2009, c. 451, &sect; 26, provides: &ldquo;The provisions of Sections 3 through 15, 17 through 20, 22 and 23 of this act shall be effective and shall become operative on the effective date of the appointment of the first Chief Information Officer by the Governor as provided for in Section 2 of this act.&rdquo; The first Chief Information Officer was appointed by the Governor on April 5, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-34.20.1. OneNet - Statewide contract - GSA schedule or contract purchases - Negotiation for education or government discounts.&nbsp;</span></p> <p><span class="cls0">A. The Office of Management and Enterprise Services shall recognize as a statewide contract an unencumbered contract consummated in behalf of the telecommunications network known as OneNet by the Oklahoma State Regents for Higher Education or any other state entity assigned responsibility for OneNet; provided, said recognition shall require recommendation by the Information Services Division of the Office of Management and Enterprise Services. The Office of Management and Enterprise Services shall not subject purchases pursuant to said contracts to any quantity limit.&nbsp;</span></p> <p><span class="cls0">B. For purchases that require review of the purchase requisition by the Information Services Division of the Office of Management and Enterprise Services and that are not available on a statewide contract but are available from a General Services Administration (GSA) schedule or contract, or are available from a GSA schedule or contract at a lesser price than from a state contract, state agencies may, with the approval of the Information Services Division, purchase from the vendor or vendors on the GSA schedule or contract.&nbsp;</span></p> <p><span class="cls0">C. The Oklahoma State Regents for Higher Education and any other state entity assigned responsibility for OneNet are authorized to negotiate for education or government discounts from published price listings and to make contracts at such prices subject to adjustment for price increases nationally published.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1996, c. 214, &sect; 1, emerg. eff. May 21, 1996. Amended by Laws 2012, c. 304, &sect; 745. Renumbered from &sect; 85.9E of Title 74 by Laws 2013, c. 358, &sect; 37, eff. July 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-34.21. Authorization and requirements for obtaining, developing or enhancing communication or telecommunication systems - Interagency contracts - Exception.&nbsp;</span></p> <p><span class="cls0">A. No agency of the executive branch of the state shall use state funds for or enter into any agreement for the acquisition, development or enhancement of a communication or telecommunication system including voice, data, radio, video, Internet, eGovernment, as referenced in Sections 34.24 and 34.25 of this title, printers, scanners, copiers, facsimile systems and associated supplies, service costs, maintenance costs, or any other costs or fees associated with the acquisition of the system or equipment, without written authorization of the Chief Information Officer or a designee. The Chief Information Officer or a designee shall verify that any acquisition, development or enhancement is compatible with the operation of the Oklahoma Government Telecommunications Network.&nbsp;</span></p> <p><span class="cls0">B. No agency of the executive branch of the state shall enter into any agreement for the acquisition, development or enhancement of a communication or telecommunication system or service including voice, data, radio, video, Internet, eGovernment, printers, scanners, copiers, and facsimile systems, unless the cost of such addition, change, improvement or development has been included in the statewide communications plan of the Information Services Division of the Office of Management and Enterprise Services, as said plan may have been amended or revised.&nbsp;</span></p> <p><span class="cls0">C. State agencies may enter into interagency contracts to share communications and telecommunications resources for mutually beneficial purposes. The contract shall clearly state how its purpose contributes to the development or enhancement or cost reduction of a state network which includes voice, data, radio, video, Internet, eGovernment, or facsimile systems. The contract shall be approved by the Information Services Division before any payments are made.&nbsp;</span></p> <p><span class="cls0">D. The provisions of subsections A, B and C of this section shall not apply to the telecommunications network known as OneNet whether said network is governed or operated by the Oklahoma State Regents for Higher Education or any other state entity assigned responsibility for OneNet.&nbsp;</span></p> <p><span class="cls0">E. The provisions of this section shall not apply to CompSource Oklahoma.&nbsp;</span></p> <p><span class="cls0">F. No state agency shall use state funds or enter into any agreement for the acquisition, development or enhancement of a public safety communication system unless the request is consistent with the Statewide Communications Interoperability Plan and the public safety communications standards issued by the Oklahoma Office of Homeland Security. Agencies interested in acquiring, developing or enhancing a public safety communications system shall submit a proposal to the Oklahoma Office of Homeland Security. The Oklahoma Office of Homeland Security shall issue a proposal review which summarizes whether the proposal is consistent with the Statewide Communications Interoperability Plan and the technology standards issued. The proposal review shall be submitted to the requesting agency and to the Chief Information Officer.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1985, c. 48, &sect; 6, eff. July 1, 1985. Amended by Laws 1992, c. 268, &sect; 7, eff. Sept. 1, 1992; Laws 1996, c. 214, &sect; 7, emerg. eff. May 21, 1996; Laws 2006, c. 266, &sect; 6, eff. July 1, 2006; Laws 2009, c. 212, &sect; 3, eff. Nov. 1, 2009. Renumbered from &sect; 41.5j of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009. Amended by Laws 2009, c. 451, &sect; 11, eff. April 5, 2010; Laws 2010, c. 2, &sect; 40, eff. April 5, 2010; Laws 2012, c. 292, &sect; 3; Laws 2013, c. 15, &sect; 60, emerg. eff. April 8, 2013; Laws 2013, c. 358, &sect; 14, eff. July 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 2009, c. 454, &sect; 10 repealed by Laws 2010, c. 2, &sect; 41, eff. April 5, 2010. Laws 2012, c. 304, &sect; 353 repealed by Laws 2013, c. 15, &sect; 61, emerg. eff. April 8, 2013.&nbsp;</span></p> <p><span class="cls0">NOTE: Laws 2009, c. 451, &sect; 26, provides: "The provisions of Sections 3 through 15, 17 through 20, 22 and 23 of this act shall be effective and shall become operative on the effective date of the appointment of the first Chief Information Officer by the Governor as provided for in Section 2 of this act." The first Chief Information Officer was appointed by the Governor on April 5, 2010.&nbsp;</span></p> <p><span class="cls0">NOTE: Laws 2010, c. 2, &sect; 106, provides: "The provisions of Sections 32 through 43 and Sections 96 and 97 of this act shall be effective and shall become operative on the effective date of the appointment of the first Chief Information Officer by the Governor as provided in Section 34.11.1 of Title 62 of the Oklahoma Statutes." The first Chief Information Officer was appointed by the Governor on April 5, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-34.22. Telecommunications Revolving Fund.&nbsp;</span></p> <p><span class="cls0">There is hereby created in the State Treasury a revolving fund for the Office of Management and Enterprise Services to be designated the "Telecommunications Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of appropriations made by the Legislature and reimbursements for providing telecommunications services as defined in Sections 34.19, 34.20, 34.21 and 34.24 of this title. All monies accruing to such fund are hereby appropriated and may be budgeted and expended by the Office of Management and Enterprise Services for the purpose of providing telecommunications, Internet, and eGovernment services, as referenced in Sections 34.24 and 34.25 of this title, the construction and maintenance of information technology facilities and services, and other related services. Expenditures from said fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1987, c. 203, &sect; 105, operative July 1, 1987. Amended by Laws 2006, c. 266, &sect; 8, eff. July 1, 2006. Renumbered from &sect; 41.5l of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009. Amended by Laws 2012, c. 304, &sect; 354.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-34.23. Oklahoma Government Telecommunications Network.&nbsp;</span></p> <p><span class="cls0">A. There is hereby created a wide area telecommunications network to be known and referred to as the "Oklahoma Government Telecommunications Network (OGTN)". The OGTN shall consist of the telecommunications systems and networks of educational entities and agencies of state government.&nbsp;</span></p> <p><span class="cls0">B. Notwithstanding the provisions of subsection A of this section:&nbsp;</span></p> <p><span class="cls0">1. The Oklahoma State Regents for Higher Education may continue to operate, maintain and enhance the State Regents Educational Telecommunications Network, subject to the provisions of the Oklahoma Information Services Act. The Oklahoma State Regents for Higher Education shall submit all plans for the enhancement of the State Regents Educational Telecommunications Network to the Information Services Division of the Office of Management and Enterprise Services for review and approval within the context of the statewide telecommunications network provided for in subsection C of this section and shall participate with the Information Services Division in joint efforts to provide services for the OGTN; and&nbsp;</span></p> <p><span class="cls0">2. The Department of Public Safety may continue to operate, maintain and enhance the statewide law enforcement data communications network provided for in Section 2-124 of Title 47 of the Oklahoma Statutes, subject to the provisions of the Oklahoma Information Services Act. The Department of Public Safety shall submit all plans for the enhancement of the statewide law enforcement data communications network to the Information Services Division of the Office of Management and Enterprise Services for review and approval and shall participate with the Information Services Division in joint efforts to provide services for the OGTN.&nbsp;</span></p> <p><span class="cls0">C. The Information Services Division shall be responsible for developing, operating and maintaining the OGTN. The purposes of the OGTN shall include the following:&nbsp;</span></p> <p><span class="cls0">1. Development of a comprehensive, unified statewide telecommunications network to effectively, efficiently, and securely meet the communication needs of educational entities and agencies of state government;&nbsp;</span></p> <p><span class="cls0">2. Effective and efficient utilization of existing telecommunications systems operated by educational entities and agencies of state government; and&nbsp;</span></p> <p><span class="cls0">3. Elimination and prevention of unnecessarily duplicative telecommunications systems operated by educational entities and agencies of state government.&nbsp;</span></p> <p><span class="cls0">D. In developing, operating and maintaining the OGTN, the Information Services Division shall:&nbsp;</span></p> <p><span class="cls0">1. Develop a statewide master plan for meeting the communications needs of educational entities and of agencies of state government. To facilitate the development of a statewide master plan as provided for in this paragraph:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;the Oklahoma State Regents for Higher Education shall submit a report annually to the Chief Information Officer identifying the telecommunications plans of each member of The Oklahoma State System of Higher Education. For purposes of developing such report, each member shall cooperate with and submit to the State Regents a plan of its telecommunications needs, including, but not limited to, Internet, eGovernment, as referenced in Sections 34.24 and 34.25 of this title, any interactive video plans, the purchase of informational data bases, software for manipulation of bibliographic records, and the use of telecommunications equipment or services,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;the State Superintendent of Public Instruction shall submit a report annually to the Chief Information Officer identifying the telecommunications plans of the public common school system of the state. For purposes of developing such report, the respective public elementary and secondary schools shall cooperate with and submit to the State Superintendent a plan of their telecommunications needs, including, but not limited to, Internet, eGovernment, any interactive video plans, the purchase of informational data bases, software for manipulation of bibliographic records, and the use of telecommunications equipment or services,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;the Director of the Oklahoma Department of Career and Technology Education shall submit a report annually to the Chief Information Officer identifying the telecommunications plans of technology center school districts. For purposes of developing such report, each technology center school district as defined in Section 14-108 of Title 70 of the Oklahoma Statutes shall cooperate with and submit to the Director of the Oklahoma Department of Career and Technology Education a plan of its telecommunications needs, including, but not limited to, Internet, eGovernment, any interactive video plans, the purchase of informational data bases, software for manipulation of bibliographic records, and the use of telecommunications equipment or services,&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;the chief administrative officer of each state agency of the executive branch shall submit a plan annually to the Chief Information Officer identifying the telecommunications needs of the state agency, including, but not limited to, Internet, eGovernment, any interactive video plans, the purchase of informational data bases, software for manipulation of bibliographic records, and the use of telecommunications equipment or services, and&nbsp;</span></p> <p class="cls2"><span class="cls0">e.&nbsp;&nbsp;the Director of the Oklahoma Department of Libraries shall submit a report annually to the Chief Information Officer identifying the telecommunications plans of public libraries and public library systems. For purposes of developing such report, the chief administrative officer of any public library or public library system not otherwise required to submit a plan of its telecommunications needs pursuant to the provisions of this paragraph shall cooperate with and submit annually to the Director of the Oklahoma Department of Libraries a plan of its telecommunications needs, including, but not limited to, Internet, eGovernment, any interactive video plans, the purchase of informational data bases, software for manipulation of bibliographic records and the use of telecommunications equipment or services. To assure inclusion in the report of the plans of the telecommunications needs of any library that is a part of any member of The Oklahoma State System of Higher Education, a public elementary or secondary school, or technology center school district, all such plans relating to libraries received by the Oklahoma State Regents for Higher Education, the State Superintendent of Higher Education, and the State Director of the Oklahoma Department of Career and Technology Education shall be submitted to the Director of the Oklahoma Department of Libraries by the respective recipients thereof as soon as practicable after receipt. The Director of the Oklahoma Department of Libraries shall certify to the Information Services Division that such plans are consistent with the plan developed by the Oklahoma Library Technology Network or explain any inconsistencies therewith;&nbsp;</span></p> <p><span class="cls0">2. Identify the most cost-effective means of meeting the telecommunications needs of educational entities and of agencies of state government;&nbsp;</span></p> <p><span class="cls0">3. Develop minimum mandatory standards and protocols for equipment, facilities and services of the OGTN;&nbsp;</span></p> <p><span class="cls0">4. Evaluate the advantages and disadvantages of utilizing equipment, facilities, and services of both private entities and those owned and operated by the state; and&nbsp;</span></p> <p><span class="cls0">5. Recommend a fee structure to provide for the operation and maintenance of the OGTN.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1992, c. 268, &sect; 1, eff. Sept. 1, 1992. Amended by Laws 1995, c. 246, &sect; 4, eff. Nov. 1, 1995; Laws 1998, c. 45, &sect; 3, emerg. eff. April 2, 1998; Laws 2001, c. 33, &sect; 52, eff. July 1, 2001; Laws 2006, c. 266, &sect; 9, eff. July 1, 2006. Renumbered from &sect; 41.5m of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009. Amended by Laws 2009, c. 451, &sect; 12, eff. April 5, 2010; Laws 2012, c. 304, &sect; 355.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 2009, c. 451, &sect; 26, provides: &ldquo;The provisions of Sections 3 through 15, 17 through 20, 22 and 23 of this act shall be effective and shall become operative on the effective date of the appointment of the first Chief Information Officer by the Governor as provided for in Section 2 of this act.&rdquo; The first Chief Information Officer was appointed by the Governor on April 5, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-34.24. State portal system.&nbsp;</span></p> <p><span class="cls0">A. In order to be at the forefront of electronic commerce and provide constituents, agencies and out-of-state users with state-of-the-art electronic commerce and Internet tools, the State of Oklahoma recognizes the need for a state portal system connecting state agency websites and information systems.&nbsp;</span></p> <p><span class="cls0">B. The Information Services Division of the Office of Management and Enterprise Services shall manage the installation, maintenance and administration of the state portal system.&nbsp;</span></p> <p><span class="cls0">C. For purposes of this section and Section 34.27 of this title, a "portal system" shall mean a system that hosts and connects to a collection of online government and public services and serves as the single point of access to state government services, information, and transaction processing with a common enterprise wide user interface allowing navigation among the services.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2001, c. 375, &sect; 1, emerg. eff. June 4, 2001. Amended by Laws 2006, c. 266, &sect; 10, eff. July 1, 2006. Renumbered from &sect; 41.5p of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009. Amended by Laws 2009, c. 451, &sect; 13, eff. April 5, 2010; Laws 2012, c. 304, &sect; 356.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 2009, c. 451, &sect; 26, provides: &ldquo;The provisions of Sections 3 through 15, 17 through 20, 22 and 23 of this act shall be effective and shall become operative on the effective date of the appointment of the first Chief Information Officer by the Governor as provided for in Section 2 of this act.&rdquo; The first Chief Information Officer was appointed by the Governor on April 5, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-34.24.1. Web-based license and permit application and renewals required - Report.&nbsp;</span></p> <p><span class="cls0">A. Unless exempted pursuant to Section 34.27 of this title, each state agency, board, commission or other entity organized within the executive department of state government responsible for licensing or permitting shall utilize the portal system to allow for a link to a web-based application and renewal application for any license or permit issued by that agency. Access to the online renewal systems shall be featured prominently on the portal system.&nbsp;</span></p> <p><span class="cls0">B. Each entity responsible for licensing or permitting shall make available to the Office of Management and Enterprise Services on a yearly basis a report describing the number of licenses issued, license renewals and permits issued as well as an estimate of the amount of savings incurred by the entity as a result of the online licensing and permitting process.&nbsp;</span></p> <p><span class="cls0">C. The Office of Management and Enterprise Services shall make available to the public a copy of each report submitted in accordance with the requirements of subsection B of this section by placing the report on the website defined in Section 46 of this title.&nbsp;</span></p> <p><span class="cls0">D. The state agencies may accept an electronic signature in the application process for any license or permit; provided, the use of an electronic signature shall not create a significant risk to the integrity of the license or permit.&nbsp;</span></p> <p><span class="cls0">E. Nothing in this section shall apply to driver license renewal applications.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2009, c. 322, &sect; 5. Amended by Laws 2011, c. 240, &sect; 2 and Laws 2011, c. 347, &sect; 2. Renumbered from &sect; 41.5p-1 of this title by Laws 2011, c. 240, &sect; 4 and Laws 2011, c. 347, &sect; 8. Amended by Laws 2012, c. 304, &sect; 357; Laws 2013, c. 358, &sect; 15, eff. July 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 2011, c. 240, &sect; 2 and Laws 2011, c. 347, &sect; 2 made identical changes to this section.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-34.25. Reimbursement of merchant fee - Convenience fee for manual transaction - Convenience fee for electronic transaction.&nbsp;</span></p> <p><span class="cls0">A. Subject to review and approval as provided for in Section 34.27 of this title, a state agency, board, commission, or authority may obtain reimbursement of a merchant fee incurred in connection with any electronic or online transaction.&nbsp;</span></p> <p><span class="cls0">B. Subject to review and approval as provided for in Section 34.27 of this title, unless otherwise permitted by law, a state agency, board, commission or authority may charge a convenience fee for a manual transaction. Each state entity shall keep a record of how the convenience fee has been determined and shall file the record with the Information Services Division of the Office of Management and Enterprise Services. A state agency, board, commission, or authority may periodically adjust a convenience fee as needed upon review and approval as provided for in Section 34.27 of this title.&nbsp;</span></p> <p><span class="cls0">Any state agency, board, commission or authority may apply to the State Governmental Technology Applications Review Board for authorization to charge a convenience fee for electronic or online transactions. If authorization is granted, the state entity shall not assess a convenience fee for equivalent manual transactions. The Board shall annually review the authorization for a convenience fee for electronic or online transactions and shall take action to renew or revoke the authorization as provided for in this subsection.&nbsp;</span></p> <p><span class="cls0">C. For purposes of this section:&nbsp;</span></p> <p><span class="cls0">1. "Merchant fee" shall mean and be limited to the cost of a charge imposed by a third-party credit card or debit card issuer that is necessary to process an electronic or online transaction with a state agency, board, commission or authority;&nbsp;</span></p> <p><span class="cls0">2. "Convenience fee" shall mean a fee charged to partially compensate for costs incurred as a result of providing for a manual transaction or an electronic or online transaction if authorization is approved as provided for in subsection B of this section; and &nbsp;</span></p> <p><span class="cls0">3. "Manual transaction" shall mean a transaction that is not conducted online or electronically if the transaction is made available online or electronically.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2001, c. 375, &sect; 2, emerg. eff. June 4, 2001. Amended by Laws 2006, c. 266, &sect; 11, eff. July 1, 2006; Laws 2009, c. 322, &sect; 4. Renumbered from &sect; 41.5q of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009. Amended by Laws 2010, c. 2, &sect; 42, eff. April 5, 2010; Laws 2012, c. 304, &sect; 358; Laws 2013, c. 358, &sect; 16, eff. July 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 2009, c. 451, &sect; 14 repealed by Laws 2010, c. 2, &sect; 43, eff. April 5, 2010.&nbsp;</span></p> <p><span class="cls0">NOTE: Laws 2010, c. 2, &sect; 106, provides: "The provisions of Sections 32 through 43 and Sections 96 and 97 of this act shall be effective and shall become operative on the effective date of the appointment of the first Chief Information Officer by the Governor as provided in Section 34.11.1 of Title 62 of the Oklahoma Statutes." The first Chief Information Officer was appointed by the Governor on April 5, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-34.26. Open-systems concept.&nbsp;</span></p> <p><span class="cls0">A. Any state agency, board, commission, or authority which establishes an electronic portal system shall use an open-systems concept for the portal system which has been approved by the Information Services Division of the Office of Management and Enterprise Services.&nbsp;</span></p> <p><span class="cls0">B. No state agency, board, commission, or authority shall enter into an agreement for development of, enhancement to, or maintenance of an electronic portal system without the written authorization of the Information Services Division.&nbsp;</span></p> <p><span class="cls0">C. For purposes of this section, an "open-systems concept" shall mean a system that implements sufficient open specifications for interfaces, services, and supporting formats to enable properly engineered components to be utilized across a wide range of systems with minimal changes, to interoperate with other components on local and remote systems, and to interact with users in a style that facilitates portability. An open-systems concept is characterized by the following:&nbsp;</span></p> <p><span class="cls0">1. Well-defined, widely used, and nonproprietary interfaces or protocols;&nbsp;</span></p> <p><span class="cls0">2. Use of standards which are developed and adopted by industry recognized standards-making bodies;&nbsp;</span></p> <p><span class="cls0">3. A definition of all aspects of system interfaces to facilitate new or additional system capabilities for a wide range of applications; and&nbsp;</span></p> <p><span class="cls0">4. An explicit provision for expansion or upgrading through the incorporation of additional or higher performance elements with minimal impact on the system.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2001, c. 375, &sect; 3, emerg. eff. June 4, 2001. Renumbered from &sect; 41.5r of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009. Amended by Laws 2009, c. 451, &sect; 15, eff. April 5, 2010; Laws 2012, c. 304, &sect; 359.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 2009, c. 451, &sect; 26, provides: &ldquo;The provisions of Sections 3 through 15, 17 through 20, 22 and 23 of this act shall be effective and shall become operative on the effective date of the appointment of the first Chief Information Officer by the Governor as provided for in Section 2 of this act.&rdquo; The first Chief Information Officer was appointed by the Governor on April 5, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-34.27. State Governmental Technology Applications Review Board.&nbsp;</span></p> <p><span class="cls0">A. There is hereby established the State Governmental Technology Applications Review Board. The Board shall be composed of the following members:&nbsp;</span></p> <p><span class="cls0">1. The Director of the Office of Management and Enterprise Services or a designee;&nbsp;</span></p> <p><span class="cls0">2. Four representatives from different state agencies, boards, commissions, or authorities to be appointed by the Governor, at least one of which shall be employed by a law enforcement agency;&nbsp;</span></p> <p><span class="cls0">3. Two members who are not state government employees to be appointed by the Speaker of the House of Representatives; and&nbsp;</span></p> <p><span class="cls0">4. Two members who are not state government employees to be appointed by the President Pro Tempore of the Senate.&nbsp;</span></p> <p><span class="cls0">B. Members of the Board shall serve for terms of two (2) years. The Board shall select a chair from among its members.&nbsp;</span></p> <p><span class="cls0">C. Members of the Board shall not receive compensation for serving on the Board, but shall be reimbursed for travel expenses incurred in the performance of their duties by their respective agencies or appointing authority in accordance with the State Travel Reimbursement Act.&nbsp;</span></p> <p><span class="cls0">D. Notwithstanding any other section of law, any member of the Board attending a meeting via teleconference shall be counted as being present in person and shall count toward the determination of whether a quorum of the Board is present at the meeting.&nbsp;</span></p> <p><span class="cls0">E. The Board shall have the duty and responsibility of:&nbsp;</span></p> <p><span class="cls0">1. Reviewing for approval all convenience fees and merchant fees as defined in Section 34.25 of this title and changes in convenience fees and merchant fees charged by state agencies, boards, commissions, or authorities;&nbsp;</span></p> <p><span class="cls0">2. Monitoring all portal systems and applications for portal systems created by state agencies, boards, commissions, or authorities, reviewing portal systems applications approved or denied by the Information Services Division of the Office of Management and Enterprise Services, and making recommendations to the Legislature and Governor to encourage greater use of the open-systems concept as is defined in Section 34.26 of this title;&nbsp;</span></p> <p><span class="cls0">3. Granting an exemption for a specific license or permit to a state agency from the requirements of Section 34.24.1 of this title. The exemption shall be limited in time as warranted by the circumstances. The Board shall grant the exemption only if presented compelling evidence that the issuance of the license or permit requires the provision of information that cannot be provided through an online licensing or permitting process and that the failure of the applicant to provide the information would create a significant risk to the integrity of the license or permit. The exemption provided for in this paragraph shall not apply to license renewals pursuant to the Oklahoma Vehicle License and Registration Act;&nbsp;</span></p> <p><span class="cls0">4. Providing ongoing oversight of implementation of the plan of action developed by the Chief Information Officer pursuant to Section 34.11.1 of this title and approving any amendments to the plan of action;&nbsp;</span></p> <p><span class="cls0">5. Approving charges to state agencies established by the Information Services Division pursuant to Section 35.5 of this title for shared services as defined in Section 35.3 of this title;&nbsp;</span></p> <p><span class="cls0">6. Functioning in an advisory capacity to the Chief Information Officer; and&nbsp;</span></p> <p><span class="cls0">7. Approving a plan by which public elementary and secondary schools of the state may recover the cost of instructional technology resources issued by the schools.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2001, c. 375, &sect; 4, emerg. eff. June 4, 2001. Amended by Laws 2006, c. 266, &sect; 12, eff. July 1, 2006. Renumbered from &sect; 41.5s of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009. Amended by Laws 2009, c. 451, &sect; 16; Laws 2011, c. 296, &sect; 12; Laws 2012, c. 304, &sect; 360; Laws 2013, c. 122, &sect; 2, eff. July 1, 2013; Laws 2013, c. 358, &sect; 17, eff. July 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-34.28. Accessibility of information technology for individuals with disabilities &ndash; Undue burden &ndash; Rules.&nbsp;</span></p> <p><span class="cls0">A. The Information Services Division of the Office of Management and Enterprise Services shall work to assure state compliance regarding accessibility of information technology for individuals with disabilities based on the provisions of Section 508 of the Workforce Investment Act of 1998.&nbsp;</span></p> <p><span class="cls0">B. When developing, procuring, maintaining or using information technology, or when administering contracts or grants that include the procurement, development, upgrading, or replacement of information technology each state agency shall ensure, unless an undue burden would be imposed on the agency, that the information technology allows employees, program participants, and members of the general public access to use of information and data that is comparable to the access by individuals without disabilities.&nbsp;</span></p> <p><span class="cls0">C. To assure accessibility, the Information Services Division shall:&nbsp;</span></p> <p><span class="cls0">1. Adopt accessibility standards that address all technical standard categories of Section 508 of the Workforce Investment Act of 1998 to be used by each state agency in the procurement of information technology, and in the development and implementation of custom-designed information technology systems, Web sites, and other emerging information technology systems;&nbsp;</span></p> <p><span class="cls0">2. Adopt an accessibility clause which shall be included in all contracts for the procurement of information technology by or for the use of state agencies;&nbsp;</span></p> <p><span class="cls0">3. Establish and implement a review procedure to be used to evaluate the accessibility of custom-designed information technology systems proposed by a state agency prior to expenditure of state funds;&nbsp;</span></p> <p><span class="cls0">4. Review and evaluate accessibility of information technology commonly purchased by state agencies, and provide accessibility reports on such products to those responsible for purchasing decisions;&nbsp;</span></p> <p><span class="cls0">5. Provide in partnership with Oklahoma Able Tech, the state assistive technology program located at Oklahoma State University, training and technical assistance for state agencies to assure procurement of information technology that meets adopted accessibility standards;&nbsp;</span></p> <p><span class="cls0">6. Consult with the State Department of Rehabilitation Services and individuals with disabilities in accessibility reviews of information technology and in the delivery of training and technical assistance;&nbsp;</span></p> <p><span class="cls0">7. Establish complaint procedures, consistent with Section 508 of the Workforce Development Act of 1998, to be used by an individual who alleges that a state agency fails to comply with the provisions of this section;&nbsp;</span></p> <p><span class="cls0">8. Work with and seek advice from the Electronic and Information Technology Accessibility Advisory Council, created in Section 34.30 of this title in developing accessibility standards and complaint procedures as required in this section; and&nbsp;</span></p> <p><span class="cls0">9. Require state agencies to submit evidence of assurance of compliance with state standards on accessibility of information technology for individuals with disabilities developed in accordance with this section.&nbsp;</span></p> <p><span class="cls0">D. The Director of the Office of Management and Enterprise Services shall promulgate rules, as necessary, to implement the provisions of this section.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2004, c. 128, &sect; 2, eff. July 1, 2004. Amended by Laws 2005, c. 391, &sect; 3, eff. July 1, 2005. Renumbered from &sect; 41.5t of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009. Amended by Laws 2009, c. 451, &sect; 17, eff. April 5, 2010; Laws 2012, c. 304, &sect; 361; Laws 2013, c. 358, &sect; 18, eff. July 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 2009, c. 451, &sect; 26, provides: "The provisions of Sections 3 through 15, 17 through 20, 22 and 23 of this act shall be effective and shall become operative on the effective date of the appointment of the first Chief Information Officer by the Governor as provided for in Section 2 of this act." The first Chief Information Officer was appointed by the Governor on April 5, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-34.29. Definitions.&nbsp;</span></p> <p><span class="cls0">As used in Sections 34.28 through 34.30 of this title:&nbsp;</span></p> <p><span class="cls0">1. "Accessibility" means compliance with nationally accepted accessibility and usability standards, such as those established in Section 508 of the Workforce Investment Act of 1998;&nbsp;</span></p> <p><span class="cls0">2. "Individual with disabilities" means any individual who is considered to have a disability or handicap for the purposes of any federal or Oklahoma law;&nbsp;</span></p> <p><span class="cls0">3. "Information technology" means any electronic information equipment or interconnected system that is used in the acquisition, storage, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information, including audio, graphic, and text;&nbsp;</span></p> <p><span class="cls0">4. "State agency" means any office, officer, bureau, board, counsel, court, commission, institution, unit, division, body or house of the executive or judicial branches of the state government, whether elected or appointed, excluding political subdivisions of the state. State agency shall include the Oklahoma State Regents for Higher Education, the institutions, centers, or other constituent agencies of The Oklahoma State System of Higher Education, the State Board of Career and Technology Education and Technology Center school districts; and&nbsp;</span></p> <p><span class="cls0">5. "Undue burden" means significant difficulty or expense, including, but not limited to, difficulty or expense associated with technical feasibility.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2004, c. 128, &sect; 3, eff. July 1, 2004. Amended by Laws 2006, c. 266, &sect; 13, eff. July 1, 2006. Renumbered from &sect; 41.5t.1 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009. Amended by Laws 2013, c. 358, &sect; 19, eff. July 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-34.30. Electronic and Information Technology Accessibility Advisory Council &ndash; Creation and composition.&nbsp;</span></p> <p><span class="cls0">A. There is hereby re-created, to continue until July 1, 2014, the Electronic and Information Technology Accessibility Advisory Council. The Advisory Council shall study and make recommendations concerning the accessibility for the disabled to publicly produced and provided electronic and information technology and to provide advice and assistance to the Information Services Division of the Office of Management and Enterprise Services on the development of accessibility standards and complaint procedures as provided for in Section 34.28 of this title.&nbsp;</span></p> <p><span class="cls0">B. The Advisory Council shall be composed of the following members:&nbsp;</span></p> <p><span class="cls0">1. Two members of the House of Representatives, appointed by the Speaker of the House of Representatives;&nbsp;</span></p> <p><span class="cls0">2. Two members of the Senate, appointed by the President Pro Tempore of the Senate;&nbsp;</span></p> <p><span class="cls0">3. The Chief Information Officer, or a designee;&nbsp;</span></p> <p><span class="cls0">4. The Director of the Office of Management and Enterprise Services, or a designee;&nbsp;</span></p> <p><span class="cls0">5. The Director of the State Department of Rehabilitation Services, or a designee;&nbsp;</span></p> <p><span class="cls0">6. The Superintendent of Public Instruction, or a designee;&nbsp;</span></p> <p><span class="cls0">7. The Director of the Oklahoma Department of Career and Technology Education, or a designee;&nbsp;</span></p> <p><span class="cls0">8. The Director of the Library for the Blind and Physically Handicapped with the State Department of Rehabilitation Services, or a designee;&nbsp;</span></p> <p><span class="cls0">9. The Director of the Office of Disability Concerns, or a designee;&nbsp;</span></p> <p><span class="cls0">10. A representative of OneNet, the state telecommunications network within the Oklahoma State Regents for Higher Education;&nbsp;</span></p> <p><span class="cls0">11. The Director for Oklahoma Able Tech, the state assistive technology program located at Oklahoma State University;&nbsp;</span></p> <p><span class="cls0">12. A representative of state agency web managers appointed by the Governor from a list submitted by a state agency web manager group;&nbsp;</span></p> <p><span class="cls0">13. A representative of an association representing education technology administrators appointed by the Speaker of the House of Representatives;&nbsp;</span></p> <p><span class="cls0">14. A representative of an association of distance learning education professionals appointed by the President Pro Tempore of the Senate;&nbsp;</span></p> <p><span class="cls0">15. Two representatives of corporations or vendors of information or electronic technology hardware or software who are knowledgeable or have experience in the field of assistive technology appointed by the Governor;&nbsp;</span></p> <p><span class="cls0">16. A representative of a corporation or vendor specializing in assistive technology appointed by the Governor; and&nbsp;</span></p> <p><span class="cls0">17. Four representatives who are individuals with a disability, one who is blind or visually impaired, one who is deaf or hard of hearing, one with a mobility disability, and one with a cognitive disability and all of whom are users of information or electronic technology appointed by the Governor.&nbsp;</span></p> <p><span class="cls0">C. Members who were serving on the Electronic and Information Technology Accessibility Task Force as of July 1, 2004, shall automatically be appointed to serve on the Electronic and Information Technology Accessibility Advisory Council after July 1, 2004.&nbsp;</span></p> <p><span class="cls0">D. The Advisory Council shall:&nbsp;</span></p> <p><span class="cls0">1. Make recommendation on action, including legislative action, needed to ensure that all electronic and information technology produced, procured, or developed by state agencies are accessible to the disabled;&nbsp;</span></p> <p><span class="cls0">2. Identify disability accessibility standards that are emerging or fully adopted by national standard organizations;&nbsp;</span></p> <p><span class="cls0">3. Review and make recommendations on disability accessibility initiatives and legislation undertaken in other states; and &nbsp;</span></p> <p><span class="cls0">4. Provide advice and assistance to the Information Services Division of the Office of Management and Enterprise Services on the development of accessibility standards and complaint procedures as provided for in Section 34.28 of this title.&nbsp;</span></p> <p><span class="cls0">E. The Speaker of the House of Representatives and the President Pro Tempore of the Senate shall each designate a cochair from among the members of the Advisory Council.&nbsp;</span></p> <p><span class="cls0">F. A majority of the members of the Advisory Council shall constitute a quorum. A majority of the members present at a meeting may act for the Advisory Council.&nbsp;</span></p> <p><span class="cls0">G. Meetings of the Advisory Council shall be called by either cochair.&nbsp;</span></p> <p><span class="cls0">H. Proceedings of all meetings of the Advisory Council shall comply with the provisions of the Oklahoma Open Meeting Act.&nbsp;</span></p> <p><span class="cls0">I. The Advisory Council may divide into subcommittees in furtherance of its purpose.&nbsp;</span></p> <p><span class="cls0">J. Staff of the Oklahoma Able Tech, the state assistive technology program located at Oklahoma State University, shall serve as primary staff for the Advisory Council. Appropriate personnel from the Information Services Division shall also assist with the work of the Advisory Council.&nbsp;</span></p> <p><span class="cls0">K. The Advisory Council may use the expertise and services of the staffs of the Oklahoma House of Representatives and State Senate and may, as necessary, seek the advice and services of experts in the field as well as other necessary professional and clerical staff.&nbsp;</span></p> <p><span class="cls0">L. All departments, officers, agencies, and employees of this state shall cooperate with the Advisory Council in fulfilling its duties and responsibilities including, but not limited to, providing any information, records, or reports requested by the Advisory Council.&nbsp;</span></p> <p><span class="cls0">M. Members of the Advisory Council shall receive no compensation for their service, but shall receive travel reimbursement as follows:&nbsp;</span></p> <p><span class="cls0">1. Legislative members of the Advisory Council shall be reimbursed for necessary travel expenses incurred in the performance of their duties in accordance with the provisions of Section 456 of Title 74 of the Oklahoma Statutes; and&nbsp;</span></p> <p><span class="cls0">2. Nonlegislative members of the Advisory Council shall be reimbursed by their appointing authorities or respective agencies for necessary travel expenses incurred in the performance of their duties in accordance with the State Travel Reimbursement Act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2004, c. 128, &sect; 4, eff. July 1, 2004. Amended by Laws 2006, c. 266, &sect; 14, eff. July 1, 2006; Laws 2007, c. 98, &sect; 3, eff. Nov. 1, 2007; Laws 2008, c. 330, &sect; 1, emerg. eff. June 2, 2008; Laws 2009, c. 33, &sect; 1, emerg. eff. April 13, 2009. Renumbered from &sect; 41.5t.2 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009. Amended by Laws 2009, c. 451, &sect; 18, eff. April 5, 2010; Laws 2010, c. 25, &sect; 1; Laws 2012, c. 304, &sect; 362.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 2009, c. 451, &sect; 26, provides: &ldquo;The provisions of Sections 3 through 15, 17 through 20, 22 and 23 of this act shall be effective and shall become operative on the effective date of the appointment of the first Chief Information Officer by the Governor as provided for in Section 2 of this act.&rdquo; The first Chief Information Officer was appointed by the Governor on April 5, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-34.31. Escrow of source code required for acquisition of customized computer software &ndash; Required escrow provisions.&nbsp;</span></p> <p><span class="cls0">A. No state agency, as defined by Section 250.3 of Title 75 of the Oklahoma Statutes, the Purchasing Division of the Office of Management and Enterprise Services nor the Information Services Division of the Office of Management and Enterprise Services, unless otherwise provided by federal law, shall enter into a contract for the acquisition of customized computer software developed or modified exclusively for the agency or the state, unless the vendor agrees to place into escrow with an independent third party the source code for the software and/or modifications.&nbsp;</span></p> <p><span class="cls0">B. The vendor must agree to place the source code for the software and any upgrades supplied to an agency in escrow with a third party acceptable to the agency and to enter into a customary source code escrow agreement which includes a provision that entitles the agency to receive everything held in escrow upon the occurrence of any of the following:&nbsp;</span></p> <p><span class="cls0">1. A bona fide material default of the obligations of the vendor under the agreement with the agency;&nbsp;</span></p> <p><span class="cls0">2. An assignment by the vendor for the benefit of its creditors;&nbsp;</span></p> <p><span class="cls0">3. A failure by the vendor to pay, or an admission by the vendor of its inability to pay, its debts as they mature;&nbsp;</span></p> <p><span class="cls0">4. The filing of a petition in bankruptcy by or against the vendor when such petition is not dismissed within sixty (60) days of the filing date;&nbsp;</span></p> <p><span class="cls0">5. The appointment of a receiver, liquidator or trustee appointed for any substantial part of the vendor's property;&nbsp;</span></p> <p><span class="cls0">6. The inability or unwillingness of the vendor to provide the maintenance and support services in accordance with the agreement with the agency; or&nbsp;</span></p> <p><span class="cls0">7. The ceasing of a vendor of maintenance and support of the software.&nbsp;</span></p> <p><span class="cls0">The fees of any third-party escrow agent subject to this section shall be borne by the vendor.&nbsp;</span></p> <p><span class="cls0">C. The State Purchasing Director or a procurement officer of a state agency shall not process any state agency request for the customization, modernization, or development of computer software unless the proposed vendor provides documentation that complies with subsections A and B of this section.&nbsp;</span></p> <p><span class="cls0">D. The State Purchasing Director shall provide advice and assistance, as may be required, in order for state agencies to comply with the provisions of this section.&nbsp;</span></p> <p><span class="cls0">E. As used in this section:&nbsp;</span></p> <p><span class="cls0">1. "State agency" shall include all state agencies, whether subject to The Oklahoma Central Purchasing Act or not, except the Oklahoma Lottery Commission; and&nbsp;</span></p> <p><span class="cls0">2. "Source code" means the programming instruction for a computer program in its original form, created by a programmer with a text editor or a visual programming tool and saved in a file.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2005, c. 391, &sect; 4, eff. July 1, 2005. Amended by Laws 2006, c. 310, &sect; 1, eff. Nov. 1, 2006. Renumbered from &sect; 41.5u of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009. Amended by Laws 2009, c. 451, &sect; 19, eff. April 5, 2010; Laws 2012, c. 304, &sect; 363.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 2009, c. 451, &sect; 26, provides: &ldquo;The provisions of Sections 3 through 15, 17 through 20, 22 and 23 of this act shall be effective and shall become operative on the effective date of the appointment of the first Chief Information Officer by the Governor as provided for in Section 2 of this act.&rdquo; The first Chief Information Officer was appointed by the Governor on April 5, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-34.31.1. Software acquisition requests.&nbsp;</span></p> <p><span class="cls0">A. For the purposes of this section, "open source software" means software that guarantees the user of the software use of the software for any purpose, allows unrestricted access to the respective source code, enables the use of the internal mechanisms and arbitrary portions of the software with the ability to adapt them to the needs of the user, provides the freedom to make and distribute copies of the software, and guarantees the right to modify the software with the freedom to distribute modifications of the new resulting software under the same license as the original software. "Open standards" means specifications for the encoding and transfer of computer data that is free for all to implement and use in perpetuity, with no royalty or fee, has no restrictions on the use of data stored in the format, has no restrictions on the creation of software that stores, transmits, receives, or accesses data codified in such way, has a specification available for all to read, in a human-readable format, written in commonly accepted technical language, is documented, so that anyone can write software that can read and interpret the complete semantics of any data file stored in the data format, allows any file written in that format to be identified as adhering or not adhering to the format, and provides that any encryption or obfuscation algorithms are usable in a royalty-free, nondiscriminatory manner in perpetuity, and are documented so that anyone in possession of the appropriate encryption key or keys or other data necessary to recover the original data is able to write software to access the data. "Proprietary software" means software that does not fulfill all of the guarantees provided by open source software.&nbsp;</span></p> <p><span class="cls0">B. Prior to approving software acquisition requests, the purchasing entity shall consider whether proprietary or open source software offers the most cost-effective software solution for the agency, based on consideration of all associated acquisition, support, maintenance, and training costs.&nbsp;</span></p> <p><span class="cls0">C. Whenever possible the Chief Information Officer or purchasing entity shall avoid approving requests for the acquisition of products that do not comply with open standards for interoperability or data storage.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2012, c. 106, &sect; 6. Amended by Laws 2013, c. 358, &sect; 29, eff. July 1, 2013. Renumbered from &sect; 85.7h of Title 74 by Laws 2013, c. 358, &sect; 35, eff. July 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-34.31.2. State technology contracts.&nbsp;</span></p> <p><span class="cls0">Notwithstanding any other section of law, the Chief Information Officer may allow a public agency to utilize duly awarded state information technology and telecommunications contracts in lieu of bidding procedures, if any, otherwise applicable to such purchases by the public agency. For the purposes of this section the term "public agency" means a governmental entity specified as a political subdivision of the state pursuant to The Governmental Tort Claims Act or a state, county or local governmental entity in its state of origin.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2012, c. 106, &sect; 7. Amended by Laws 2013, c. 358, &sect; 30, eff. July 1, 2013. Renumbered from &sect; 85.7i of Title 74 by Laws 2013, c. 358, &sect; 36, eff. July 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-34.32. Standard security risk assessment of state agency information technology systems.&nbsp;</span></p> <p><span class="cls0">A. The Information Services Division of the Office of Management and Enterprise Services shall create a standard security risk assessment for state agency information technology systems that complies with the International Organization for Standardization (ISO) and the International Electrotechnical Commission (IEC) Information Technology - Code of Practice for Security Management (ISO/IEC 17799).&nbsp;</span></p> <p><span class="cls0">B. Each state agency that has an information technology system shall annually conduct an information security risk assessment to identify vulnerabilities associated with the information system. A final report of the information security risk assessment shall be submitted by each state agency to the Information Services Division by the first day of December of each year. The final information security risk assessment report shall identify, prioritize, and document information security vulnerabilities for each of the state agencies assessed. Failure to comply with the requirements of this subsection may result in funding being withheld from the agency. State agencies shall use either the standard security risk assessment created by the Information Services Division or a third-party risk assessment meeting the ISO/IEC 17799 standards and using the National Institute of Standards and Technology Special Publication 800-30 (NIST SP800-30) process and approved by the Information Services Division. The Information Services Division shall approve not less than two firms which state agencies may choose from to conduct the information security risk assessment.&nbsp;</span></p> <p><span class="cls0">C. The Information Services Division shall report the results of the state agency assessments required pursuant to this section to the Governor, the Speaker of the House of Representatives, and the President Pro Tempore of the Senate by the first day of January of each year.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2006, c. 266, &sect; 15, eff. July 1, 2006. Renumbered from &sect; 41.5v of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009. Amended by Laws 2009, c. 451, &sect; 20, eff. April 5, 2010; Laws 2012, c. 304, &sect; 364.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 2009, c. 451, &sect; 26, provides: &ldquo;The provisions of Sections 3 through 15, 17 through 20, 22 and 23 of this act shall be effective and shall become operative on the effective date of the appointment of the first Chief Information Officer by the Governor as provided for in Section 2 of this act.&rdquo; The first Chief Information Officer was appointed by the Governor on April 5, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-34.33. Agreements to administer information technology and telecommunications infrastructure and security.&nbsp;</span></p> <p><span class="cls0">The Office of Management and Enterprise Services is authorized to enter into a multi-year agreement to acquire land, develop, design, construct and furnish facilities necessary for the administration of the state's information technology and telecommunications infrastructure and security. Such action shall not be subject to The Oklahoma Central Purchasing Act. The area of the facility authorized by this section dedicated for computer-ready space shall not exceed ten percent (10%) of the total square footage of the entire facility, but under no circumstances shall exceed nine thousand (9,000) square feet. The Office of Management and Enterprise Services is authorized to use existing and future funds from fees, appropriations and federal funds, as necessary, to finance such facilities.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2007, c. 205, &sect; 1, eff. Sept. 1, 2007. Renumbered from &sect; 41.5x of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009. Amended by Laws 2012, c. 304, &sect; 365.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-34.34. Preparation of budget by Director of Office of Management and Enterprise Services.&nbsp;</span></p> <p><span class="cls0">It shall be the duty of the Director of the Office of Management and Enterprise Services, after making a complete detailed study of each state agency, to prepare the budget under the supervision and direction of the Governor.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1947, p. 381, &sect; 31, emerg. eff. Feb. 25, 1947. Amended by Laws 2009, c. 441, &sect; 14, eff. July 1, 2009. Renumbered from &sect; 41.31 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009. Amended by Laws 2012, c. 304, &sect; 366.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-34.35. Information furnished to the Director of Office of Management and Enterprise Services.&nbsp;</span></p> <p><span class="cls0">Each state agency shall immediately furnish the Director of the Office of Management and Enterprise Services any information concerning their respective affairs or activities, upon request and in such form as directed.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1947, p. 381, &sect; 30, emerg. eff. Feb. 25, 1947. Amended by Laws 2009, c. 441, &sect; 15, eff. July 1, 2009. Renumbered from &sect; 41.30 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009. Amended by Laws 2012, c. 304, &sect; 367.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-34.36. Estimate of funds needed.&nbsp;</span></p> <p><span class="cls0">A. On the first day of October preceding each regular session of the Legislature, each state agency, including those created or established pursuant to constitutional provisions, shall report to the Director of the Office of Management and Enterprise Services and the Chair and Vice Chair of the Legislative Oversight Committee on State Budget Performance an itemized request showing the amount needed for the ensuing fiscal year beginning with the first day of July.&nbsp;</span></p> <p><span class="cls0">B. The forms which must be used in making these reports shall be approved by the Director of the Office of Management and Enterprise Services and the Legislative Oversight Committee on State Budget Performance.&nbsp;</span></p> <p><span class="cls0">C. The forms shall be uniform, and shall clearly designate the information to be given.&nbsp;</span></p> <p><span class="cls0">D. The information provided shall include, but not be limited to:&nbsp;</span></p> <p><span class="cls0">1. A budget analysis of existing and proposed programs utilizing zero-based budgeting techniques. Such analysis shall be included as a part of the estimate of funds needed;&nbsp;</span></p> <p><span class="cls0">2. A statement listing any other state, federal or local agencies which administer a similar or cooperating program and an outline of the interaction among such agencies;&nbsp;</span></p> <p><span class="cls0">3. A statement of the statutory authority for the missions and quantified objectives of each program;&nbsp;</span></p> <p><span class="cls0">4. A description of the groups of people served by each program in the agency;&nbsp;</span></p> <p><span class="cls0">5. A quantification of the need for the program;&nbsp;</span></p> <p><span class="cls0">6. A description of the tactics which are intended to accomplish each objective;&nbsp;</span></p> <p><span class="cls0">7. A list of quantifiable program outcomes which measure the efficiency and effectiveness of each program;&nbsp;</span></p> <p><span class="cls0">8. A ranking of these programs by priority;&nbsp;</span></p> <p><span class="cls0">9. Actual program expenditures for the current fiscal year and prior fiscal years and the number of personnel required to accomplish each program;&nbsp;</span></p> <p><span class="cls0">10. Revenues expected to be generated by each program, if any;&nbsp;</span></p> <p><span class="cls0">11. With respect to appropriated state agencies, a detailed listing of all employees and resources dedicated to the provision of financial services including but not limited to procurement, payroll, accounts receivable and accounts payable. The provisions of this paragraph shall not be applicable to the Oklahoma State Regents for Higher Education or to any institutions within The Oklahoma State System of Higher Education; and&nbsp;</span></p> <p><span class="cls0">12. A certification that following the effective date of this act and prior to July 1, 2011, no expenditure shall have been made or funds encumbered for the purchase, lease, lease-purchase or rental of any computers, software, telecom, information technology hardware, firmware or information technology services, including support services without the prior written approval of the State Comptroller or his or her designee.&nbsp;</span></p> <p><span class="cls0">E. These appropriated agencies shall make an itemized estimate of needs and request for funds for the ensuing fiscal year and an estimate of the revenues from all sources to be received by the agency during the ensuing fiscal year.&nbsp;</span></p> <p><span class="cls0">F. The Director of the Office of Management and Enterprise Services shall submit to the Governor and the Legislative Oversight Committee on State Budget Performance no later than the fifth day of October a complete list of all spending agencies which have failed to submit budgets by October 1.&nbsp;</span></p> <p><span class="cls0">G. The reports required by this section shall include an itemized listing of outstanding capital lease debt and estimated capital lease needs for the ensuing fiscal year, and shall be provided on forms prescribed by the Director of the Office of Management and Enterprise Services.&nbsp;</span></p> <p><span class="cls0">H. For the purposes of this section, "capital lease" means a lease-purchase agreement which provides an option for the State of Oklahoma or its agencies to purchase property, including personal and real property, which is the subject thereof and/or a lease agreement that provides an option for the State of Oklahoma or its agencies to lease such property, which is the subject thereof, at a nominal annual amount, after a period in which leased property is rented at fair market value.&nbsp;</span></p> <p><span class="cls0">I. The provisions of this section shall not apply to CompSource Oklahoma if CompSource Oklahoma is operating pursuant to a pilot program authorized by Sections 3316 and 3317 of Title 74 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">J. Not later than January 1, the Director of the Office of Management and Enterprise Services shall publish a financial services cost-performance assessment which shall document the cost for each state agency's financial services including but not limited to procurement, payroll, accounts receivable and accounts payable. The Office of Management and Enterprise Services shall evaluate the ten agencies with the lowest rankings. The lowest ranking state agencies shall enter into a contract with the Office of Management and Enterprise Services for the provision of shared financial services, provided that the Director of the Office of Management and Enterprise Services determines that implementation of such a contract would be feasible and documents that the contractual agreement will result in cost savings or efficiencies to the state. Contracts required by this subsection shall be entered into at the start of the next fiscal year. When a state agency is contracted with the Office of Management and Enterprise Services for the provision of shared financial services, the agency may discontinue using shared services when documentation showing that the agency can provide the services at a lower cost to the state is provided to and approved by the Director of the Office of Management and Enterprise Services. On a yearly basis the Director of the Office of Management and Enterprise Services shall compile and publish a report documenting the cost savings resulting from shared services contracts. The provisions of this subsection shall not be applicable to the Oklahoma State Regents for Higher Education or to any institutions within The Oklahoma State System of Higher Education.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1947, p. 381, &sect; 29, emerg. eff. Feb. 25, 1947. Amended by Laws 1981, c. 255, &sect; 4; Laws 1983, c. 334, &sect; 6, emerg. eff. June 30, 1983; Laws 1985, c. 319, &sect; 16, operative Oct. 1, 1985; Laws 1986, c. 105, &sect; 3, emerg. eff. April 5, 1986; Laws 1987, c. 203, &sect; 112, operative July 1, 1987; Laws 1989, c. 300, &sect; 15, operative July 1, 1989; Laws 1994, c. 279, &sect; 8, eff. July 1, 1994; Laws 2003, c. 301, &sect; 1, eff. July 1, 2003; Laws 2008, c. 311, &sect; 2, eff. Nov. 1, 2008; Laws 2009, c. 441, &sect; 16, eff. July 1, 2009. Renumbered from &sect; 41.29 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009. Amended by Laws 2010, c. 2, &sect; 44, emerg. eff. March 3, 2010; Laws 2011, c. 240, &sect; 3; Laws 2012, c. 304, &sect; 368; Laws 2013, c. 237, &sect; 2, eff. Nov. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 2009, c. 454, &sect; 12 repealed by Laws 2010, c. 2, &sect; 45, emerg. eff. March 3, 2010. Laws 2011, c. 347, &sect; 4 repealed by Laws 2012, c. 11, &sect; 17, emerg. eff. April 4, 2012.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-34.37. Submission of budget - Plan of expenditures - Proposed revenues.&nbsp;</span></p> <p><span class="cls0">Immediately after the beginning of each regular session of the Legislature, the Governor shall submit to the presiding officer of each house, copies of the budget based upon the investigations and conclusions of the Office of Management and Enterprise Services. Such budget document shall contain a complete and itemized plan of all proposed expenditures for each agency or undertaking classified according to the various cabinet areas designated by the Governor or otherwise created by law. Such expenditures shall be further classified by function, character and object, and in the event such proposed expenditures exceed the estimate made by the State Board of Equalization, the Governor shall accompany the budget document with a proposal of new revenue raising measures sufficient to effect a balanced budget for the ensuing fiscal year.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1947, p. 382, &sect; 34, emerg. eff. Feb. 25, 1947. Amended by Laws 1986, c. 207, &sect; 6, operative July 1, 1986; Laws 2008, c. 311, &sect; 4, eff. Nov. 1, 2008; Laws 2009, c. 441, &sect; 17, eff. July 1, 2009. Renumbered from &sect; 41.34 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009. Amended by Laws 2012, c. 304, &sect; 369.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-34.38. Form of budget - Budget message - Budget estimates.&nbsp;</span></p> <p><span class="cls0">The budget shall be submitted to the Legislature and shall be in two parts:&nbsp;</span></p> <p><span class="cls0">1. A budget message:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;outlining the fiscal policy of the state for the fiscal year and describing the important features of the budget,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;giving a summary of the budget setting forth aggregate figures of proposed revenues and expenditures and the balanced relations between the proposed revenues and expenditures and the total expected income and other means of financing the budget compared with the corresponding figures for the preceding fiscal year,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;including explanatory schedules classifying proposed expenditures by organization units, objects and funds,&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;giving estimated statements of assets and liabilities as of the close of the preceding fiscal year and of the budget year, and&nbsp;</span></p> <p class="cls2"><span class="cls0">e.&nbsp;&nbsp;explaining any proposed major increases in revenue from any existing source or any new source of revenue proposed, and&nbsp;</span></p> <p class="cls2"><span class="cls0">f.&nbsp;&nbsp;giving any further information or making any suggestions; and&nbsp;</span></p> <p><span class="cls0">2. The detailed budget estimates of revenues and expenditures for each fund as provided for in the Oklahoma State Finance Act showing the recommendations of the Governor on each, compared with the figures for the preceding fiscal year and giving an explanation of each major change in the recommendations from the revenues and expenditures in the previous fiscal year.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1947, p. 381, &sect; 33, emerg. eff. Feb. 25, 1947. Amended by Laws 2008, c. 311, &sect; 3, eff. Nov. 1, 2008; Laws 2009, c. 441, &sect; 18, eff. July 1, 2009. Renumbered from &sect; 41.33 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-34.39. Appropriations to state agency - Reduction.&nbsp;</span></p> <p><span class="cls0">Except as otherwise specifically provided by law, the total amount of appropriations to a state agency contained in a bill shall be reduced by the amount that any monies designated or limited for a specified purpose have been disapproved by the Governor pursuant to Section 12 of Article VI of the Oklahoma Constitution. Any such monies shall remain in the fund from which they were appropriated.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1990, c. 80, &sect; 1, emerg. eff. April 18, 1990. Amended by Laws 2009, c. 441, &sect; 19, eff. July 1, 2009. Renumbered from &sect; 9.10 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;62-34.40. Segregation of lump sum appropriations.&nbsp;</span></p> <p><span class="cls0">A. When lump sum appropriations are made for personal services, or for maintenance and operations, or for maintenance and operations including personal services, no monies so appropriated shall be available for payments for such expenses until a schedule of positions and salaries and the amounts to be available for the expenses shall have been approved by the Director of the Office of Management and Enterprise Services and posted to the state accounting system. The provisions of this subsection shall not apply to such appropriations for the Legislature or judiciary, for expenses of holding elections, or for temporary services or day labor.&nbsp;</span></p> <p><span class="cls0">B. Any such approved schedule of positions and salaries may be amended with the approval of the Director of the Office of Management and Enterprise Services.&nbsp;</span></p> <p><span class="cls0">C. The request officer for each agency shall show the classification of the expenditures for their agency, and such classification shall follow the uniform budget and accounting classifications adopted for similar spending agencies, except for items peculiar to certain departments or institutions.&nbsp;</span></p> <p><span class="cls0">D. The Director of the Office of Management and Enterprise Services shall not have authority to fix the amount of any agency salary or eliminate any position listed on such schedule. However, the Director shall not approve the schedule of positions and salaries when the total amount of funds requested to be allotted fails to reserve a sufficient balance to finance the operations of the agency for the remainder of that fiscal year, considering any possible failure in the revenue estimated to be collected for that fiscal year.&nbsp;</span></p> <p><span class="cls0">E. The Director of the Office of Management and Enterprise Services shall not have the authority to curtail the operation of any particular part of the program, but shall order a reduction in the total program only where insufficient revenues are anticipated to carry on the program for the period concerned.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1947, p. 373, &sect; 11, emerg. eff. Feb. 25, 1947. Amended by Laws 2009, c. 441, &sect; 20, eff. July 1, 2009. Renumbered from &sect; 41.11 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009. Amended by Laws 2012, c. 304, &sect; 370.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-34.41. Availability of appropriations - Conditioned on budget resources being sufficient.&nbsp;</span></p> <p><span class="cls0">Appropriations shall not be available for contractual or expenditure purposes until allotted as provided in the Oklahoma State Finance Act. Appropriations made by the Legislature to each state agency are hereby declared to be maximum, conditional and proportionate appropriations. The purpose of this section is to make appropriations payable in full in the amounts named only in the event that the estimated budget resources within each state fund during each fiscal year are sufficient to pay all of the appropriations for such fiscal year in full. It is also the purpose of this provision to ensure that there shall be no overdraft or deficit created in the several funds of the state at the end of any fiscal year, and the Director of the Office of Management and Enterprise Services is directed and required so to administer the Oklahoma State Finance Act to prevent such overdraft or deficit.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1947, p. 371, &sect; 6, emerg. eff. Feb. 25, 1947. Amended by Laws 2009, c. 441, &sect; 21, eff. July 1, 2009. Renumbered from &sect; 41.6 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009. Amended by Laws 2012, c. 304, &sect; 371.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-34.42. Budget work programs.&nbsp;</span></p> <p><span class="cls0">A. On or before the first day of June in each year, or as soon thereafter as possible, all agencies shall file agency budgets with the Director of the Office of Management and Enterprise Services. Copies of all agency budgets shall also be made available electronically to the staff of the Joint Legislative Committee on Budget and Program Oversight.&nbsp;</span></p> <p><span class="cls0">B. The required instructions, content and format of agency budgets shall be developed by the staff of the Budget Division of the Office of Management and Enterprise Services.&nbsp;</span></p> <p><span class="cls0">C. 1. The agency budget shall include a description of all funds available to the agency for expenditure and set out allotments requested by the agency by quarter and the entire fiscal year.&nbsp;</span></p> <p><span class="cls0">2. The agency budget shall be accompanied by an organizational chart of the agency, a statement of agency mission and program objectives.&nbsp;</span></p> <p><span class="cls0">3. The agency budget shall delineate agency spending by such categories and with at least as much detail as is specified in the legislative appropriation and as prescribed by the Director of the Office of Management and Enterprise Services.&nbsp;</span></p> <p><span class="cls0">4. Agency budgets shall be signed by the executive officer of each agency.&nbsp;</span></p> <p><span class="cls0">D. A "request officer" shall be designated by each state agency for the purpose of making program and allotment requests.&nbsp;</span></p> <p><span class="cls0">E. Executive officers of agencies shall cooperate with the Office of Management and Enterprise Services staff and Joint Committee staff in developing program budgeting categories.&nbsp;</span></p> <p><span class="cls0">F. All funds available or expected to be made available to any agency, including nonfiscal appropriations, shall not be available for expenditure until the request officer of the agency has complied with the applicable provisions of the Oklahoma State Finance Act and has received approval of such request for funds from the Director of the Office of Management and Enterprise Services.&nbsp;</span></p> <p><span class="cls0">G. The provisions of this section shall not apply to CompSource Oklahoma if CompSource Oklahoma is operating pursuant to a pilot program authorized by Sections 3316 and 3317 of Title 74 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1994, c. 279, &sect; 5, eff. July 1, 1994. Amended by Laws 1995, c. 292, &sect; 5, eff. July 1, 1995; Laws 2009, c. 441, &sect; 22, eff. July 1, 2009. Renumbered from &sect; 41.7c of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009. Amended by Laws 2010, c. 2, &sect; 46, emerg. eff. March 3, 2010; Laws 2012, c. 304, &sect; 372.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 2009, c. 454, &sect; 11 repealed by Laws 2010, c. 2, &sect; 47, emerg. eff. March 3, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-34.43. Itemization of data processing expenses - Budgeting and disbursement.&nbsp;</span></p> <p><span class="cls0">A. All agencies of the state shall submit to the Director of the Office of Management and Enterprise Services in all agency budgets, in addition to other required information, whether such reports relate to past, present or future expenditures, an itemization of the amount attributable to each of the following expenses:&nbsp;</span></p> <p><span class="cls0">1. The number of persons, total amount of all salaries, the total amount of travel and subsistence expense and the total amount of personnel expense for:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;data processing directors,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;systems analysts,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;programmers,&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;electronic data processing operators,&nbsp;</span></p> <p class="cls2"><span class="cls0">e.&nbsp;&nbsp;punch card machine operators,&nbsp;</span></p> <p class="cls2"><span class="cls0">f.&nbsp;&nbsp;data processing control personnel,&nbsp;</span></p> <p class="cls2"><span class="cls0">g.&nbsp;&nbsp;data processing clerical personnel, and&nbsp;</span></p> <p class="cls2"><span class="cls0">h.&nbsp;&nbsp;other data processing personnel;&nbsp;</span></p> <p><span class="cls0">2. Rental of data processing equipment;&nbsp;</span></p> <p><span class="cls0">3. Purchase of data processing equipment;&nbsp;</span></p> <p><span class="cls0">4. Maintenance of data processing equipment, if not included in rental expense;&nbsp;</span></p> <p><span class="cls0">5. Data processing supplies;&nbsp;</span></p> <p><span class="cls0">6. Data processing planning;&nbsp;</span></p> <p><span class="cls0">7. Data processing conversion from one system to another;&nbsp;</span></p> <p><span class="cls0">8. Rental and purchase of non-data processing equipment and supplies utilized in a data processing operation;&nbsp;</span></p> <p><span class="cls0">9. Shipment of data processing equipment;&nbsp;</span></p> <p><span class="cls0">10. Rental of communication lines for transmission of data processing information;&nbsp;</span></p> <p><span class="cls0">11. Data processing education;&nbsp;</span></p> <p><span class="cls0">12. Rental of software packages;&nbsp;</span></p> <p><span class="cls0">13. Contracting for development of systems; and&nbsp;</span></p> <p><span class="cls0">14. Other data processing expense.&nbsp;</span></p> <p><span class="cls0">B. All disbursements made from treasury funds by any state agency for the above-named expenses shall be budgeted to and disbursed from a special allotment account to be created by the Director of the Office of Management and Enterprise Services.&nbsp;</span></p> <p><span class="cls0">C. This section shall not preclude agencies from programming and expending intra-agency data processing costs for cost allocation purposes.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1972, c. 72, &sect; 1, eff. July 1, 1972. Amended by Laws 1981, c. 255, &sect; 5; Laws 1985, c. 326, &sect; 13, emerg. eff. July 29, 1985; Laws 2009, c. 441, &sect; 23, eff. July 1, 2009. Renumbered from &sect; 41.41 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009. Amended by Laws 2012, c. 304, &sect; 373.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-34.44. Budget in year in which Governor-elect assumes office.&nbsp;</span></p> <p><span class="cls0">In any year in which a Governor-elect assumes office, the budget shall be the budget of the new Governor and shall be submitted to the Legislature by the new Governor. The Division of the Budget shall render to the Governor-elect all possible assistance in the preparation of the budget. The Governor and agencies of the state shall furnish the Governor-elect estimates and other budget information, in order that the Governor-elect may discharge effectively his or her budget responsibilities upon assuming office.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1947, p. 381, &sect; 32, emerg. eff. Feb. 25, 1947. Amended by Laws 2009, c. 441, &sect; 24, eff. July 1, 2009. Renumbered from &sect; 41.32 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;62-34.45. Governor-elect and Lieutenant Governor-elect - Expenses prior to assuming office.&nbsp;</span></p> <p><span class="cls0">The Office of Management and Enterprise Services is hereby authorized to provide the Governor-elect and Lieutenant Governor-elect with such reasonable and necessary services as the Governor-elect or Lieutenant Governor-elect may request in the performance of their duties prior to taking office and in preparation for assuming the duties of office. The Office of Management and Enterprise Services is further authorized to allocate from the funds appropriated to the Office of Management and Enterprise Services the sum of Thirty Thousand Dollars ($30,000.00), or so much thereof as may be necessary for use by the Governor-elect, if not incumbent, and the sum of Ten Thousand Dollars ($10,000.00), or so much thereof as may be necessary for use by the Lieutenant Governor-elect, if not incumbent, for expenses of personal services, office expense, supplies, materials, travel and other necessary expenses incurred by such Governor-elect or Lieutenant Governor-elect in the performance of his or her duties prior to taking office and in preparation for assuming the duties of office.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1967, c. 273, &sect; 1, emerg. eff. May 8, 1967. Amended by Laws 1982, c. 348, &sect; 7, emerg. eff. June 2, 1982; Laws 2009, c. 441, &sect; 25, eff. July 1, 2009. Renumbered from &sect; 41.39 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009. Amended by Laws 2012, c. 304, &sect; 374.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-34.46. Allocation of revenues - Accounts with agencies - Nonfiscal year appropriations - Supplemental appropriations.&nbsp;</span></p> <p><span class="cls0">A. Revenues deposited in the State Treasury to the credit of the General Revenue Fund or of any special fund which derives its revenue in whole or part from state taxes or fees shall be allocated monthly to each state agency or special appropriation on a percentage basis, in that ratio that the total appropriation for each such state agency or special appropriation from each fund for that fiscal year bears to the total of all appropriations from each fund for that fiscal year. Appropriation allocations to the State Board of Education for the financial support of public schools shall be effective August 1 of the fiscal year in which they apply.&nbsp;</span></p> <p><span class="cls0">B. A cash account shall be maintained by the agency of the state charged with the allocation of revenues for each agency or special appropriation which receives appropriations from the general fund or any special fund, and no check or warrant shall be issued in excess of the unexpended balance of said cash account at the time such check or warrant is issued.&nbsp;</span></p> <p><span class="cls0">C. Cash allocations to each cash account shall be cumulative and shall be available for the payment of any claim incurred within the appropriations for which such cash was allocated, including claims incurred against nonfiscal year appropriations which are available for contracts for thirty (30) months from date such acts are passed.&nbsp;</span></p> <p><span class="cls0">D. Revenue allocations shall be made to nonfiscal appropriations. During the applicable fiscal year such appropriations shall become available for expenditure. Such appropriations may be expended only in that fiscal year. This limitation applies equally to those revenue allocations made to such appropriation.&nbsp;</span></p> <p><span class="cls0">E. Measures passed by the Legislature appropriating revenues from the General Revenue Fund, which are supplemental to the original budget in effect on July 1 of any fiscal year, shall be considered supplemental appropriations and shall receive revenue allocations for the first time in the month in which such acts become effective in compliance with Section 23 of Article X of the Oklahoma Constitution.&nbsp;</span></p> <p><span class="cls0">F. Supplemental appropriations from the General Revenue Fund passed by the Legislature in excess of the Board of Equalization's estimate for that fiscal year shall be null and void.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1947, p. 367, &sect; 1, emerg. eff. Feb. 10, 1947. Amended by Laws 1973, c. 46, &sect; 14, operative July 1, 1973; Laws 1995, c. 305, &sect; 2, eff. July 1, 1995; Laws 2009, c. 441, &sect; 26, eff. July 1, 2009. Renumbered from &sect; 9.1 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;62-34.47. Allocation of revenues - Capital expenditures - Nonfiscal appropriations - Public Building Fund.&nbsp;</span></p> <p><span class="cls0">A. The Division of Central Accounting and Reporting shall allocate all revenues to the credit of any fund in the State Treasury except the Public Building Fund, in accordance with the provisions of Section 23 of Article X of the Oklahoma Constitution.&nbsp;</span></p> <p><span class="cls0">B. The Director of the Office of Management and Enterprise Services may require that appropriations for capital expenditures be financed by a separate cash account so that allocations of cash to any agency for purposes of constructing buildings, making improvements, purchasing equipment, or other capital expenditures, may not be used to finance the current operations of the agency.&nbsp;</span></p> <p><span class="cls0">C. Appropriations which are nonfiscal for contractual and expenditure purposes, shall be considered fiscal for revenue purposes, but may be allotted for expenditure at any time within thirty (30) months from date such acts are enacted. Revenue which accrues to the credit of the Public Building Fund in the State Treasury shall be allocated to the appropriations from the Public Building Fund in consecutive order. The Governor shall designate the order of payment of the appropriations from the Public Building Fund. The Director of the Office of Management and Enterprise Services shall allocate the collections sufficient to pay the first appropriation designated by the Governor, before the Director allocates any amount to the second and so on, until all appropriations are provided for. The contracting agency receiving such appropriation shall not contract the same until revenue has been allocated as provided in the Oklahoma State Finance Act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1947, p. 376, &sect; 15, emerg. eff. Feb. 25, 1947. Amended by Laws 2009, c. 441, &sect; 27, eff. July 1, 2009. Renumbered from &sect; 41.15 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009. Amended by Laws 2012, c. 304, &sect; 375.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-34.48. Federal funds - Deposit and disbursement.&nbsp;</span></p> <p><span class="cls0">Federal funds received by any agency of the state shall be deposited in the State Treasury and disbursed upon warrants issued by the State Treasurer. These funds shall be subject to the other fiscal controls imposed by the Oklahoma State Finance Act, except where federal laws and/or regulations of a federal agency which makes such funds available to the State requires such federal funds to be granted, deposited, allocated or expended through channels other than those required by the provisions of the Oklahoma State Finance Act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1947, p. 372, &sect; 8, emerg. eff. Feb. 25, 1947. Amended by Laws 1979, c. 47, &sect; 46, emerg. eff. April 9, 1979; Laws 2009, c. 441, &sect; 28, eff. July 1, 2009. Renumbered from &sect; 41.8 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;62-34.49. Allotment of appropriations - Exemption of Legislature.&nbsp;</span></p> <p><span class="cls0">A. Appropriations and/or federal funds shall be allotted for each agency as provided by the language of the legislative appropriation and other applicable state law. Items may be allotted on a monthly, quarterly, semiannual or annual basis upon the written request of the agency and the approval of the Director of the Office of Management and Enterprise Services.&nbsp;</span></p> <p><span class="cls0">B. The request officer for each agency shall present the proposed classification of the expenditures for that agency in such manner as may be required by the Office of Management and Enterprise Services.&nbsp;</span></p> <p><span class="cls0">C. Each agency shall be required to identify those items that are for capital purposes in keeping with the definition of capital projects promulgated by the Long-Range Capital Planning Commission. Requests for capital appropriations and an agency's original budget request shall be for capital projects that have been submitted to the Long-Range Capital Planning Commission for review.&nbsp;</span></p> <p><span class="cls0">D. The Director of the Office of Management and Enterprise Services shall review the requested allotments with respect to the agency budget with each agency. The Director may require the agency to change such allotments before approving them, if it is deemed necessary, reserving a sufficient balance in the appropriation to finance the operations of the agency for the remainder of any fiscal year.&nbsp;</span></p> <p><span class="cls0">E. At the end of any fiscal year, the entire amount appropriated to any agency must be allotted to the agency by the Director of the Office of Management and Enterprise Services, except where the estimated budget resources during any fiscal year are insufficient to pay all of the appropriations of the state in full for such year. The Director of the Office of Management and Enterprise Services shall not allot to any agency during any fiscal year, an amount which will be in excess of the amount of revenue collected and allocated to appropriations made to such agency.&nbsp;</span></p> <p><span class="cls0">F. In the event of a failure of revenue, the Director of the Office of Management and Enterprise Services shall control the allotment to prevent obligations being incurred in excess of the revenue to be collected. However, within each state fund where a revenue failure occurs, the Director of the Office of Management and Enterprise Services shall make all reductions apply to each state agency or special appropriation made by the State Legislature, in the ratio that its total appropriation for that fiscal year bears to the total of all appropriations for that fiscal year, as provided in Section 23 of Article X of the Oklahoma Constitution.&nbsp;</span></p> <p><span class="cls0">G. An allotment may be approved for any item for the entire year or may be approved on a monthly, quarterly, or semiannual basis, but in no case shall the aggregate of such allotments for any agency exceed the total appropriation made available to such agency for the fiscal year to which they apply. Each agency's request for appropriation allotments shall show the amount required to finance each item of the request for the entire year and on a quarterly basis within each fiscal year.&nbsp;</span></p> <p><span class="cls0">H. The Director of the Office of Management and Enterprise Services shall review each allotment request for the purpose of determining whether:&nbsp;</span></p> <p><span class="cls0">1. The itemized requests are in accordance with the agency budget;&nbsp;</span></p> <p><span class="cls0">2. The accounting classification is sufficient to reflect the purposes for which the expenditures are to be made;&nbsp;</span></p> <p><span class="cls0">3. The current financial requirements of the agency justify the monthly or quarterly allotment, reserving a sufficient balance to finance the remaining months or quarters; and&nbsp;</span></p> <p><span class="cls0">4. The realization of the estimated revenues is sufficient to allow the allotments to be made.&nbsp;</span></p> <p><span class="cls0">I. The Legislature shall be exempt from submitting any agency budget or allotment request.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1947, p. 372, &sect; 9, emerg. eff. Feb. 25, 1947. Amended by Laws 1995, c. 123, &sect; 1, eff. July 1, 1995; Laws 2009, c. 441, &sect; 29, eff. July 1, 2009. Renumbered from &sect; 41.9 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009. Amended by Laws 2012, c. 304, &sect; 376.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-34.50. Revenues not derived from legislative appropriations.&nbsp;</span></p> <p><span class="cls0">A. All agencies of the state which are operating either partially or entirely from revenues derived from sources other than legislative appropriations or authorizations shall file requests for allotments under the same provisions as are required for those agencies that receive direct legislative appropriations which distinctly specify the amount appropriated.&nbsp;</span></p> <p><span class="cls0">B. The Director of the Office of Management and Enterprise Services shall approve such requests for allotments pursuant to the language of the legislative appropriation and other applicable state law, if the estimated revenues accruing to such fund are sufficient to finance such allotments within the period for which the items are approved, and if the account classification clearly shows the purposes for which the money is to be expended. However, obligations as they are incurred may not exceed the unencumbered balance of surplus cash on hand in accordance with Section 23 of Article X of the Oklahoma Constitution.&nbsp;</span></p> <p><span class="cls0">C. The Director of the Office of Management and Enterprise Services may require a more detailed breakdown of accounts before approving such requests.&nbsp;</span></p> <p><span class="cls0">D. This section shall apply to agencies receiving federal funds, but shall not apply to donated funds, trust funds or funds of an agency relationship.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1947, p. 374, &sect; 13, emerg. eff. Feb. 25, 1947. Added by Laws 2009, c. 441, &sect; 30, eff. July 1, 2009. Renumbered from &sect; 41.13 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009. Amended by Laws 2012, c. 304, &sect; 377.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-34.51. Approval of requested allotments - Records - Claims for payment - New and increased allotments - Expenditure in subsequent period.&nbsp;</span></p> <p><span class="cls0">A. If an allotment request is approved by the Director of the Office of Management and Enterprise Services, it shall be transmitted to the request officer of the agency concerned and to the Division of Central Accounting and Reporting.&nbsp;</span></p> <p><span class="cls0">B. Legislative appropriations or authorizations are the legal basis for expending the state's monies. Allotments shall be made against these legislative appropriations or authorizations and shall be entered on the records of the Division of Central Accounting and Reporting in such accounts as may be required by the Director of the Office of Management and Enterprise Services.&nbsp;</span></p> <p><span class="cls0">C. The allotments approved by the Director of the Office of Management and Enterprise Services shall be the portion of the appropriation set aside to cover encumbrances and expenditures for a designated purpose during a monthly, quarterly, semiannual or annual period.&nbsp;</span></p> <p><span class="cls0">D. The Division of Central Accounting and Reporting shall not approve claims for payment in excess of the amount allotted for each account approved by the Director of the Office of Management and Enterprise Services.&nbsp;</span></p> <p><span class="cls0">E. After the first allotments for each agency of the state have been authorized by the Director of the Office of Management and Enterprise Services, subsequent allotments may be authorized upon the request of an agency and with the approval of the Director of the Office of Management and Enterprise Services.&nbsp;</span></p> <p><span class="cls0">F. The Director of the Office of Management and Enterprise Services may authorize new accounts in addition to those requested in the original allotment request, or may increase the amount allotted for a monthly, quarterly, semiannual or annual period. A balance remaining in any of the allotment accounts at the end of any monthly, quarterly, or semi-annual period, shall be available for expenditure the subsequent period; however, subsequent allotment requests and the Director's approval should take into consideration any unencumbered or unexpended balance remaining at the time such subsequent requests are approved.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1947, p. 373, &sect; 10, emerg. eff. Feb. 25, 1947. Amended by Laws 2009, c. 441, &sect; 31, eff. July 1, 2009. Renumbered from &sect; 41.10 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009. Amended by Laws 2012, c. 304, &sect; 378.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-34.52. Requests for budget category transfer.&nbsp;</span></p> <p><span class="cls0">A. The administrative head of any agency or the request officer may request that any current item of appropriation, allotment, or budget category be transferred to any other budget category within the same agency.&nbsp;</span></p> <p><span class="cls0">B. The administrative head shall make a request for budget transfer to the Director of the Office of Management and Enterprise Services in writing and file a revised agency budget.&nbsp;</span></p> <p><span class="cls0">C. Copies of the request for budget transfer and corresponding agency budget revisions shall also be filed with the Joint Legislative Committee on Budget and Program Oversight as created by Section 34.96 of this title.&nbsp;</span></p> <p><span class="cls0">D. The Director of the Office of Management and Enterprise Services shall approve the request for transfer unless both the Chair and Vice Chair of the Joint Legislative Committee on Budget and Program Oversight provide written notification to the Director of the Office of Management and Enterprise Services within twelve (12) calendar days of receipt of transfer request that the transfer subverts the intention and objectives of the Legislature in establishing the original appropriation, or unless the transfer does not meet the requirements of this section or Section 34.49 of this title. Notification of noncompliance with legislative intent shall be transmitted to the Director of the Office of Management and Enterprise Services within twelve (12) calendar days of receipt of the transfer request. The Director of the Office of Management and Enterprise Services shall give written notice of approval or disapproval of each budget transfer to the agency, the Governor and the Chair and Vice Chair of the Joint Legislative Committee on Budget and Program Oversight within eighteen (18) calendar days of receiving the request.&nbsp;</span></p> <p><span class="cls0">E. Transfers shall be subject to the following limitations:&nbsp;</span></p> <p><span class="cls0">1. The amount to be transferred, together with all previous transfers, shall not exceed twenty-five percent (25%) of the total appropriation of the least of the items of appropriation, allotment or agency budget involved in the transfer; and&nbsp;</span></p> <p><span class="cls0">2. If the amount to be transferred, and all previous transfers, is greater than twenty-five percent (25%) of the least items of appropriation, allotment or agency budget involved in the transfer request, the agency may make an application to the Director of the Office of Management and Enterprise Services, and the Chair and Vice Chair of the Joint Legislative Committee on Budget and Program Oversight. If the agency obtains written approval from the Director of the Office of Management and Enterprise Services and the Chair and Vice Chair of the Joint Legislative Committee Budget and Program Oversight, an additional fifteen percent (15%) may be transferred.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1994, c. 279, &sect; 3, eff. July 1, 1994. Amended by Laws 1995, c. 292, &sect; 3, eff. July 1, 1995; Laws 2009, c. 441, &sect; 32, eff. July 1, 2009. Renumbered from &sect; 41.46 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009. Amended by Laws 2012, c. 304, &sect; 379.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-34.53. State System of Higher Education and institutions of higher education.&nbsp;</span></p> <p><span class="cls0">A. 1. The Oklahoma State System of Higher Education, established by Article XIII-A of the Oklahoma Constitution, shall operate an allotment system similar to the procedure set out in the Oklahoma State Finance Act for other agencies of the state except that the Oklahoma State Regents for Higher Education shall be substituted for the Director of the Office of Management and Enterprise Services in connection with approving allotment requests of the constituent institutions comprising The Oklahoma State System of Higher Education.&nbsp;</span></p> <p><span class="cls0">2. The account classification for the State System of Higher Education shall conform as nearly as possible with the classification of accounts recommended by the National Committee on Standard Reports for Institutions of Higher Education.&nbsp;</span></p> <p><span class="cls0">3. The Board of Regents shall allocate to each institution under its control from the consolidated, or lump sum appropriation made by the Legislature, an amount sufficient to meet the needs and functions of each institution for the entire year.&nbsp;</span></p> <p><span class="cls0">4. The amount allocated to each institution for each fiscal year in accordance with Article XIII-A of the Oklahoma Constitution, shall be made in a lump sum without regard to uniform budget or accounting classifications, but shall not be available for expenditure until subsequently allotted by the Regents in accordance with the uniform budget and accounting classifications recommended by the National Committee on Standard Reports.&nbsp;</span></p> <p><span class="cls0">B. The Oklahoma State Regents for Higher Education may reduce the allocation of funds which could otherwise be made to an institution within The Oklahoma State System of Higher Education in order to make payments for leases within the lease financing program authorized by Section 3206.5 of Title 70 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">C. 1. The Regents, with the approval of the Director of the Office of Management and Enterprise Services, may allot money to any constituent institution to set up and operate a petty cash fund at said institution. Such petty cash fund shall be reimbursed upon the filing of claims showing the purposes for which the funds were expended.&nbsp;</span></p> <p><span class="cls0">2. The Division of Central Accounting and Reporting shall make cash allocations of revenue in accordance with Section 23 of Article X of the Oklahoma Constitution, to each of the constituent institutions. These cash allocations shall be based on the allocations made by the Regents to each institution from the lump sum legislative appropriations and such allocation shall be the total appropriation for each institution, in lieu of legislative appropriations.&nbsp;</span></p> <p><span class="cls0">3. After these funds have been allocated and allotted as provided in this section, all institutional income shall operate as a continuing nonfiscal appropriation which may be spent for any educational and general purposes for which appropriated funds may be spent. "Institutional income" for such purposes shall mean all income available for educational and general purposes, as defined in the uniform budget and accounting classifications recommended by the National Committee on Standard Reports, and including income defined by law as revolving fund income. Expenditures shall be limited to the extent that obligations as they are incurred may not exceed the unencumbered balance of cash on hand in accordance with Section 23 of Article X of the Oklahoma Constitution.&nbsp;</span></p> <p><span class="cls0">D. 1. At least thirty (30) days prior to the beginning of each fiscal year, each of the constituent institutions shall file with the Regents its request for appropriation allotments for each of the purposes for which expenditures are to be made.&nbsp;</span></p> <p><span class="cls0">2. Such requests shall be broken down to conform to the uniform budget or accounting classifications recommended by the National Committee on Standard Reports.&nbsp;</span></p> <p><span class="cls0">3. Each institution's request for appropriation allotments shall show the amount required to finance each item of the request for the entire year and for each quarter or each six-months period within the fiscal year, as required by the Director of the Office of Management and Enterprise Services.&nbsp;</span></p> <p><span class="cls0">E. The Regents, or the official or employee who has been authorized to approve itemized allotment requests, shall consider the allotment requests for the purpose of making a determination whether:&nbsp;</span></p> <p><span class="cls0">1. The current financial requirements of the institution concerned justify the allotment to be made;&nbsp;</span></p> <p><span class="cls0">2. The accounting classification is sufficient to reflect the purpose for which expenditures are to be made and that such classification is in accordance with the budget classifications adopted by the Director of the Office of Management and Enterprise Services and the Regents, which shall conform as nearly as possible to the account classification recommended by the National Committee on Standard Reports for Institutions of Higher Education; and&nbsp;</span></p> <p><span class="cls0">3. The realization of estimated revenues determined by the Director of the Office of Management and Enterprise Services is sufficient to allow the commitments to be made.&nbsp;</span></p> <p><span class="cls0">F. 1. In allotting appropriations and other funds, and approving subsequent allotments which may be required by each institution, the Regents shall follow the same general procedure set forth in the Oklahoma State Finance Act for other agencies of the state not under the control of said Regents, except as otherwise provided in this section.&nbsp;</span></p> <p><span class="cls0">2. All forms and account classifications shall be mutually agreed upon by the Director of the Office of Management and Enterprise Services and the State Regents.&nbsp;</span></p> <p><span class="cls0">3. The Regents shall file approved requests of constituent institutions with the Division of Central Accounting and Reporting and such requests shall be entered on the records of the Office of Management and Enterprise Services in the same manner as is provided in the Oklahoma State Finance Act for other agencies of the state.&nbsp;</span></p> <p><span class="cls0">4. The State Regents and the Director of the Office of Management and Enterprise Services shall approve any request from the administrative head of a constituent institution for amendment of the approved schedule of positions and salaries, or transfers between items, so long as the currently approved allotment for such purposes is not exceeded. Each such amendment shall be filed with the Office of Management and Enterprise Services, in such detail as may be required, prior to the date on which the first payroll or other disbursement affected by such amendment or transfer is submitted for payment.&nbsp;</span></p> <p><span class="cls0">G. 1. In the event that the realization of estimated revenues at any time during the fiscal year indicates that the total revenue for that fiscal year to any state fund will be insufficient at the end of the fiscal year to meet the total appropriations from that fund, the Director of the Office of Management and Enterprise Services shall notify the Oklahoma State Regents for Higher Education as to the amount of reduction necessary against the consolidated, or lump sum appropriations, made to the Regents.&nbsp;</span></p> <p><span class="cls0">2. The Regents, in making itemized allotments during the fiscal year, may reserve an amount sufficient to meet a reasonable failure of revenue until receipt of notice from the Director of the Office of Management and Enterprise Services that the realization of estimated revenues indicates that the total appropriation may be allotted for expenditure. Upon receipt of notice from the Director of the Office of Management and Enterprise Services of a necessary reduction in the consolidated, or lump sum appropriation, to meet a failure in revenue, the Regents for Higher Education shall immediately take action to control the approval of subsequent allotment requests sufficient to make the aggregate reduction in allotments of all constituent institutions under their control equal the amount of reduction ordered against the lump sum appropriation made by the Legislature. Such reductions against the lump sum appropriation shall not exceed the percentage reduction ordered against other agencies of the state in accordance with Section 23, Article 10, Oklahoma Constitution.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1947, p. 374, &sect; 14, emerg. eff. Feb. 25, 1947. Amended by Laws 1999, c. 371, &sect; 5, eff. July 1, 1999; Laws 2009, c. 441, &sect; 33, eff. July 1, 2009. Renumbered from &sect; 41.14 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009. Amended by Laws 2012, c. 304, &sect; 380.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-34.54. General Revenue Cash-flow Reserve Fund - Transfer of funds.&nbsp;</span></p> <p><span class="cls0">There is hereby created in the State Treasury a division of the State General Revenue Fund which shall be designated the "General Revenue Cash-flow Reserve Fund". The purpose of the General Revenue Cash-flow Reserve Fund is to make cash available for the July cash allocation and so that, insofar as possible, each monthly cash allocation thereafter can equal one-twelfth (1/12) of the annual appropriation from the General Revenue Fund.&nbsp;</span></p> <p><span class="cls0">1. Each year the Director of the Office of Management and Enterprise Services may transfer monies from the then current fiscal year General Revenue Fund to the General Revenue Cash-flow Reserve Fund for the succeeding fiscal year when the apportionment to the General Revenue Fund is in excess of amounts required for the allocations necessary to fund appropriations made by the Legislature for the then current fiscal year. The amount to be transferred shall not exceed ten percent (10%) of the amount certified by the State Board of Equalization as available for appropriation from the General Revenue Fund for the next succeeding fiscal year.&nbsp;</span></p> <p><span class="cls0">2. Any monies transferred to the General Revenue Cash-flow Reserve Fund pursuant to paragraph 1 of this section, shall be transferred by the Director of the Office of Management and Enterprise Services as nonrevenue receipts to the State General Revenue Fund in the amounts necessary to make cash available for the July cash allocation and so that, insofar as possible, each monthly cash allocation thereafter can equal one-twelfth (1/12) of the annual appropriation.&nbsp;</span></p> <p><span class="cls0">3. On the second Monday of June of each year, the Director of the Office of Management and Enterprise Services shall close the preceding fiscal year General Revenue Cash-flow Reserve Fund by transfer to the then current fiscal year General Revenue Fund.&nbsp;</span></p> <p><span class="cls0">4. Any monies in the prior year General Revenue Cash-flow Reserve Fund which are not necessary for the current year cash-flow needs shall be subject to legislative appropriation.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1983, c. 183, &sect; 1, emerg. eff. June 9, 1983. Amended by Laws 1984, c. 224, &sect; 1, emerg. eff. May 23, 1984; Laws 1987, c. 5, &sect; 145, emerg. eff. March 11, 1987; Laws 1988, c. 119, &sect; 16, emerg. eff. April 7, 1988; Laws 2009, c. 441, &sect; 34, eff. July 1, 2009. Renumbered from &sect; 10.1 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009. Amended by Laws 2012, c. 304, &sect; 381.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-34.55. Transfer of treasury funds to General Revenue Cash-flow Reserve Fund.&nbsp;</span></p> <p><span class="cls0">A. The Director of the Office of Management and Enterprise Services may transfer monies from any treasury fund to the General Revenue Cash-flow Reserve Fund as required to satisfy monthly allocations scheduled from the General Revenue Fund for the then current fiscal year. Funds from which any monies are so transferred shall be repaid before any transfers are made from the General Revenue Fund to the General Revenue Cash-flow Reserve Fund for the subsequent fiscal year.&nbsp;</span></p> <p><span class="cls0">B. The Director of the Office of Management and Enterprise Services may transfer monies to any treasury fund from the General Revenue Cash-flow Reserve Fund as required to satisfy cash-flow requirements of the federal Cash Management Improvement Act. Funds to which any monies are so transferred shall be repaid within the same month. If insufficient funds exist in the General Revenue Cash-flow Reserve Fund for this purpose, the General Revenue Fund for the then current fiscal year may be used with the same repayment stipulations.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1987, c. 203, &sect; 106, operative July 1, 1987. Amended by Laws 1993, c. 291, &sect; 2, eff. July 1, 1993; Laws 2009, c. 441, &sect; 35, eff. July 1, 2009. Renumbered from &sect; 10.3 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009. Amended by Laws 2012, c. 304, &sect; 382.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-34.56. Special Agency Account Board.&nbsp;</span></p> <p><span class="cls0">A. There is hereby re-created, to continue until July 1, 2008, in accordance with the provisions of the Oklahoma Sunset Law, a Special Agency Account Board, to consist of the Director of the Office of Management and Enterprise Services, the State Treasurer and the Director of the Legislative Service Bureau. The Board shall have the authority to approve the establishment of agency special accounts in the official depository of the State Treasury. In the case of institutions of higher education, the Special Agency Account Board, acting in conjunction with the Oklahoma State Regents for Higher Education, shall establish special agency accounts as appropriate which shall be consistent with provisions of the Oklahoma State Finance Act, as it relates to institutions in The Oklahoma State System of Higher Education.&nbsp;</span></p> <p><span class="cls0">B. The Board, created by this section, shall adopt procedures including application forms, justification and other pertinent information as to the basis for a state agency application for the establishment of agency special accounts.&nbsp;</span></p> <p><span class="cls0">C. The Board may approve agency special accounts for money received by state agencies for the following purposes:&nbsp;</span></p> <p><span class="cls0">1. Benefit programs for individuals, including, but not limited to, unemployment compensation, workers' compensation and state retirement programs;&nbsp;</span></p> <p><span class="cls0">2. Revenues produced by activities or facilities ancillary to the operation of a state agency which receive no money, directly or indirectly, from or through that state agency, including, but not limited to, revenues from the sales of food at retail level, sales at canteens, sales at student unions, sales at student bookstores, receipts from athletic programs and receipts from housing. Provided, however, that a state institution of higher learning may purchase necessary equipment and instructional supplies and office supplies from a student bookstore, or, subject to authorization by the Oklahoma State Regents for Higher Education, may rent building space for institutional use in a building operated by an organization or entity whose existence is ancillary to the operation of a state agency, and whose cost was financed in whole or in part with revenue-type bonds; provided, further, that the cost of such office supplies or space rental shall not exceed the cost of similar supplies or rentals available commercially;&nbsp;</span></p> <p><span class="cls0">3. Gifts, devises and bequests with an agency as beneficiary, unless otherwise provided by statute;&nbsp;</span></p> <p><span class="cls0">4. Evidence funds for law enforcement agencies;&nbsp;</span></p> <p><span class="cls0">5. Student loan funds and scholarship funds;&nbsp;</span></p> <p><span class="cls0">6. Funds held in escrow;&nbsp;</span></p> <p><span class="cls0">7. Land Commission funds;&nbsp;</span></p> <p><span class="cls0">8. Funds for which the state agency acts as custodian, including, but not limited to, fees from employee earnings approved by the governing board of the agency, funds of student organizations including student activity fees collected by an educational institution as a separate item in enrollment procedures, professional organizations, patients and inmates;&nbsp;</span></p> <p><span class="cls0">9. Funds used by the Oklahoma Tax Commission to pay for the filing of liens with the Federal Aviation Administration;&nbsp;</span></p> <p><span class="cls0">10. Temporary accounts for funds arising from new or amended legislation not otherwise provided for in statute or for other emergency situations. Such accounts are to be utilized only pending legislative action directing custody of such funds;&nbsp;</span></p> <p><span class="cls0">11. Payment of liability claims against the state;&nbsp;</span></p> <p><span class="cls0">12. Activities of the various Armory Boards of the Oklahoma Military Department to receive and dispense funds derived by the Armory Boards pursuant to Sections 232.6 and 232.7 of Title 44 of the Oklahoma Statutes; and&nbsp;</span></p> <p><span class="cls0">13. Payment of expenses incurred in connection with the acceptance of payments made with nationally recognized credit cards.&nbsp;</span></p> <p><span class="cls0">D. The State Treasurer is authorized to accept deposit of money made directly to agency special accounts approved by the Board. All money received by a state agency, as described in Section 34.57 of this title, shall be deposited in State Treasury funds or accounts and no money shall be deposited in banks or other depositories unless the bank accounts are maintained by the State Treasurer or are for the deposit of authorized petty cash funds.&nbsp;</span></p> <p><span class="cls0">E. Money deposited in agency special accounts shall be disbursed on vouchers issued by the state agency concerned to accomplish the purpose for which the money was intended.&nbsp;</span></p> <p><span class="cls0">F. Funds and revenues of the Grand River Dam Authority are exempt from the requirements of this section.&nbsp;</span></p> <p><span class="cls0">G. Funds and revenues of the Oklahoma Municipal Power Authority are exempt from the requirements of this section.&nbsp;</span></p> <p><span class="cls0">H. Monies used for investment purposes by the Oklahoma Firefighters Pension and Retirement System, the Oklahoma Police Pension and Retirement System, the Uniform Retirement System for Justices and Judges, the Oklahoma Law Enforcement Retirement System, the Oklahoma Public Employees Retirement System, the Teachers' Retirement System of Oklahoma, the State Insurance Fund, the Oklahoma Employees Insurance and Benefits Board, the Commissioners of the Land Office, and the Oklahoma State Regents for Higher Education for its Endowment Trust Fund are exempt from the requirements of this section, and shall be placed with the respective custodian bank or trust company.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1973, c. 46, &sect; 17, operative July 1, 1973. Amended by Laws 1978, c. 115, &sect; 1, emerg. eff. March 31, 1978; Laws 1980, c. 145, &sect; 1; Laws 1981, c. 218, &sect; 22, emerg. eff. June 2, 1981; Laws 1981, c. 272, &sect; 13, eff. July 1, 1981; Laws 1984, c. 116, &sect; 1, eff. July 1, 1984; Laws 1984, c. 221, &sect; 3, operative July 1, 1984; Laws 1985, c. 312, &sect; 42, emerg. eff. July 25, 1985; Laws 1988, c. 321, &sect; 44, operative July 1, 1988; Laws 1990, c. 319, &sect; 1, emerg. eff. May 30, 1990; Laws 1991, c. 335, &sect; 20, emerg. eff. June 15, 1991; Laws 1992, c. 176, &sect; 1, emerg. eff. May 6, 1992; Laws 1995, c. 212, &sect; 2, eff. July 1, 1995; Laws 1996, c. 290, &sect; 6, eff. July 1, 1996; Laws 1997, c. 2, &sect; 12, emerg. eff. Feb. 26, 1997; Laws 2002, c. 105, &sect; 1; Laws 2009, c. 441, &sect; 36, eff. July 1, 2009. Renumbered from &sect; 7.2 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009. Amended by Laws 2012, c. 304, &sect; 383.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1978, c. 76, &sect; 1 repealed by Laws 1980, c. 145, &sect; 2. Laws 1981, c. 204, &sect; 2 repealed by Laws 1981, c. 272, &sect; 46, eff. July 1, 1981. Laws 1985, c. 319, &sect; 12 repealed by Laws 1988, c. 321, &sect; 45, operative July 1, 1988. Laws 1989, c. 291, &sect; 2, as amended by Laws 1989, c. 318, &sect; 2 repealed by Laws 1990, c. 258, &sect; 40, operative July 1, 1990. Laws 1989, c. 375, &sect; 14 repealed by Laws 1990, c. 319, &sect; 2, emerg. eff. May 30, 1990. Laws 1990, c. 258, &sect; 39 repealed by Laws 1991, c. 335, &sect; 36, emerg. eff. June 15, 1991. Laws 1996, c. 30, &sect; 1 repealed by Laws 1997, c. 2, &sect; 26, emerg. eff. Feb. 26, 1997.&nbsp;</span></p> <p><span class="cls0">NOTE: A former &sect; 7.2 of this title, enacted by Laws 1947, p. 365, &sect; 2 and amended by Laws 1959, p. 246, &sect; 1, was repealed by Laws 1973, c. 46, &sect; 19, operative July 1, 1973.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-34.57. Agency clearing accounts - Deposits - Transfers - Exemptions.&nbsp;</span></p> <p><span class="cls0">A. There is hereby created in the official depository in the State Treasury an agency clearing account for each state officer, department, board, commission, institution or agency of the state, hereinafter referred to collectively as state agencies. An agency special account established under Section 7.2 of this title may be used for the purposes of an agency clearing account.&nbsp;</span></p> <p><span class="cls0">B. It shall be the duty of each state agency, officer or employee, to deposit in the agency clearing account, or agency special account, established under Section 7.2 of this title, all monies of every kind, including, but not limited to:&nbsp;</span></p> <p><span class="cls0">1. Tax revenues;&nbsp;</span></p> <p><span class="cls0">2. Receipts from licenses, examinations, per diem and all other reimbursements, fees, permits, fines, forfeitures and penalties; and&nbsp;</span></p> <p><span class="cls0">3. Income from money and property, grants and contracts, refunds, receipts, reimbursements, judgments, sales of materials and services of employees, and nonrevenue receipts, received by a state agency, officer or employee by reason of the existence of and/or operation of a state agency.&nbsp;</span></p> <p><span class="cls0">C. All such monies collected pursuant to this section shall be deposited as follows in the agency clearing account or agency special account established therefor:&nbsp;</span></p> <p><span class="cls0">1. Receipts of One Hundred Dollars ($100.00) or more shall be deposited on the same banking day as received; and&nbsp;</span></p> <p><span class="cls0">2. Receipts of less than One Hundred Dollars ($100.00) may be held until accumulated receipts equal One Hundred Dollars ($100.00) or for five (5) business days, whichever occurs first, and shall then be deposited no later than the next business day.&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;Each state agency that has custody of receipts of less than One Hundred Dollars ($100.00) shall provide adequate safekeeping of such receipts.&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;No disbursements shall be made from such receipts prior to this deposit.&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;All checks received must be restrictively endorsed immediately upon receipt.&nbsp;</span></p> <p><span class="cls0">D. The State Treasurer is authorized to accept deposits directly to State Treasury funds, consisting of cash, bank drafts, bank cashier's checks, federal treasury checks and other forms of remittance which are uniformly honored for payment. The State Treasurer is further authorized to accept checks deposited directly into State Treasury funds if the depositing state agency maintains sufficient balances in their agency clearing account to cover return items. Notwithstanding the provisions of subsection E of this section, state agencies are authorized to maintain sufficient balances in their agency clearing account to cover returned checks, credit card adjustments, credit card returns, and other debit items. Amounts of said balances shall be subject to approval by the State Treasurer.&nbsp;</span></p> <p><span class="cls0">All checks, drafts, orders and vouchers so deposited shall be credited and cleared at par and should payment be refused on any such check, draft, order or voucher, or should the same prove otherwise worthless, the amount thereof shall be charged by the State Treasurer against the account or fund theretofore credited with the same; and the person issuing the check, draft, order or voucher shall be charged a fee of Twenty-five Dollars ($25.00) to cover the costs of processing each returned check; provided, such charge shall not be made unless efforts have been made to present such check, draft, order or voucher for payment a second time. Unless otherwise provided by law, such fee shall be deposited to the revolving fund of the state agency to which the check, draft, order or voucher was issued. If no revolving fund exists for the state agency, then such fee shall be deposited to the General Revenue Fund. The State Treasurer shall not accept for deposit to any agency clearing account, or any agency special account, created pursuant to the provisions of Section 7.2 of this title, any warrant, check, order or voucher drawn against any state fund or account in favor of any individual or other person except the state officer, department, institution or agency for which account or fund the deposit is made, or a bona fide student enrolled at any of the state institutions of higher learning when such warrant, check, order or voucher is endorsed to the institution as payment of any fees or other accounts due such institution.&nbsp;</span></p> <p><span class="cls0">E. 1. Except as provided in paragraph 2 of this subsection, at least once each month each state agency shall transfer monies deposited in agency clearing accounts to the various funds or accounts, subdivisions of the state, or functions as may be provided by statute and no money shall ever be disbursed from the agency clearing account for any other purpose, except in refund of erroneous or excessive collections and credits.&nbsp;</span></p> <p><span class="cls0">2. District offices under the control of the Corporation Commission shall be permitted to make deposit of receipts on a monthly basis, provided that such receipts must be deposited within the month received or when such receipts equal or exceed One Hundred Dollars ($100.00), whichever first occurs. The Oklahoma Tourism and Recreation Department and entities under its control shall be required to make deposit of receipts on a weekly basis, provided that such receipts must be deposited within seven (7) calendar days from the date received or when such deposits equal or exceed Five Hundred Dollars ($500.00), whichever first occurs.&nbsp;</span></p> <p><span class="cls0">F. Funds and revenues of the Oklahoma Municipal Power Authority, the Grand River Dam Authority, the Oklahoma Ordnance Works Authority and the Midwestern Oklahoma Development Authority are exempt from the requirements of this section.&nbsp;</span></p> <p><span class="cls0">G. Monies used for investment purposes by the Oklahoma Firefighters Pension and Retirement System, the Oklahoma Police Pension and Retirement System, the Uniform Retirement System for Justices and Judges, the Oklahoma Law Enforcement Retirement System, the Oklahoma Public Employees Retirement System, the Teachers' Retirement System of Oklahoma, the Oklahoma State Regents for Higher Education, the State and Education Employees Group Insurance Board and the Commissioners of the Land Office are exempt from the requirements of this section, and shall be placed with the respective custodian bank or trust company.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1947, p. 364, &sect; 1, emerg. eff. April 16, 1947. Amended by Laws 1959, p. 246, &sect; 1, emerg. eff. June 16, 1959; Laws 1968, c. 131, &sect; 1, emerg. eff. April 8, 1968; Laws 1973, c. 46, &sect; 10, operative July 1, 1973; Laws 1981, c. 218, &sect; 21, emerg. eff. June 2, 1981; Laws 1985, p. 1684, H.J.R. No. 1039, &sect; 2, eff. Nov. 1, 1985; Laws 1986, c. 245, &sect; 6, emerg. eff. June 12, 1986; Laws 1987, c. 163, &sect; 3, eff. Nov. 1, 1987; Laws 1988, c. 244, &sect; 6, emerg. eff. June 24, 1988; Laws 1988, c. 321, &sect; 43, operative July 1, 1988; Laws 1989, c. 375, &sect; 13, emerg. eff. June 6, 1989; Laws 1990, c. 168, &sect; 1, eff. Sept. 1, 1990; Laws 1990, c. 337, &sect; 12; Laws 1991, c. 335, &sect; 19, emerg. eff. June 15, 1991; Laws 1995, c. 212, &sect; 1, eff. July 1, 1995; Laws 1996, c. 219, &sect; 2, eff. July 1, 1996; Laws 2008, c. 123, &sect; 1, eff. July 1, 2008. Renumbered from &sect; 7.1 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009.&nbsp;</span></p> <p><span class="cls0">NOTE: Laws 1981, c. 204, &sect; 1 repealed by Laws 1985, p. 1688, H.J.R. No. 1039, &sect; 8, eff. Nov. 1, 1985. Laws 1989, c. 284, &sect; 3 and Laws 1989, c. 318, &sect; 1 repealed by Laws 1990, c. 337, &sect; 26. Laws 1990, c. 264, &sect; 118 repealed by Laws 1991, c. 335, &sect; 36, emerg. eff. June 15, 1991.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;62-34.58 Information on income, disbursements and transfers.&nbsp;</span></p> <p><span class="cls0">A. Each state agency shall furnish to the Director of the Office of Management and Enterprise Services, in such form as the Director shall prescribe, detailed information showing the income, disbursements, and transfers for each agency clearing account and each agency's special account. Income, disbursements and transfers shall be identified in accordance with code designations as provided in the accounting procedures of the Office of Management and Enterprise Services.&nbsp;</span></p> <p><span class="cls0">B. The Director of the Office of Management and Enterprise Services may approve any modification in the code designations of income, disbursements and transfers that he or she finds expedient.&nbsp;</span></p> <p><span class="cls0">C. The State Treasurer shall not honor vouchers disbursing and transferring monies from agency clearing accounts or special accounts, when he or she has been notified by the Director of the Office of Management and Enterprise Services that an agency is not in compliance with the provisions of subsection A of this section.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1947, p. 365, &sect; 3, emerg. eff. April 16, 1947. Amended by Laws 1973, c. 46, &sect; 11, operative July 1, 1973; Laws 1996, c. 290, &sect; 7, eff. July 1, 1996; Laws 2009, c. 441, &sect; 37, eff. July 1, 2009. Renumbered from &sect; 7.3 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009. Amended by Laws 2012, c. 304, &sect; 384.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-34.59. Withdrawals from agency clearing accounts and special accounts.&nbsp;</span></p> <p><span class="cls0">All withdrawals of money from agency clearing accounts and agency special accounts shall be made on the voucher of the agency making such deposit and such voucher shall be payable at the State Treasury and when presented for payment shall be charged against the account designated, and shall, when redeemed by the State Treasurer, be delivered monthly to the state agency drawing said vouchers.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1947, p. 365, &sect; 4, emerg. eff. April 16, 1947. Amended by Laws 1973, c. 46, &sect; 12, operative July 1, 1973. Renumbered from &sect; 7.4 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-34.60. Form and manner of issuing vouchers - Waiver.&nbsp;</span></p> <p><span class="cls0">The State Treasurer shall prescribe the forms and manner of issuance of vouchers against agency clearing accounts and agency special accounts in the State Treasury. All vouchers drawn against agency clearing accounts and agency special accounts shall be signed by an authorized person designated by the administrative authority of the agency and countersigned by the principal fiscal officer of the agency or another person specifically designated by the administrative authority. Provided, the State Treasurer may waive the counter signature requirement if an agency certifies that controls are in place and will be followed to prevent the unauthorized issuance of its vouchers and if the vouchers are generated and signed by automated processes. Unless such waiver is granted, no voucher shall be paid by the State Treasurer without such signature and countersignature, if required.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1973, c. 46, &sect; 18, operative July 1, 1973. Amended by Laws 1997, c. 164, &sect; 2, eff. July 1, 1997; Laws 1999, c. 292, &sect; 2, eff. July 1, 1999. Renumbered from &sect; 7.5a of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-34.61. Commitment or expenditure of federal block grant funds - Preconditions.&nbsp;</span></p> <p><span class="cls0">No state agency shall commit or expend any funds from federal block grant funds created after June 9, 1995, including, but not limited to, employment, job training, vocational education, vocational rehabilitation, adult education or literacy programs without:&nbsp;</span></p> <p><span class="cls0">1. Prior authorization;&nbsp;</span></p> <p><span class="cls0">2. Appropriation of the funds by the Legislature as provided in Section 23 of Article X of the Oklahoma Constitution; or&nbsp;</span></p> <p><span class="cls0">3. Other formal expression of legislative intent.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1995, c. 340, &sect; 24, emerg. eff. June 9, 1995. Amended by Laws 2009, c. 441, &sect; 38, eff. July 1, 2009. Renumbered from &sect; 41.13a of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;62-34.62. Encumbrance requirements for payment of state funds.&nbsp;</span></p> <p><span class="cls0">Encumbrance requirements for payments from funds of the state shall include the following:&nbsp;</span></p> <p><span class="cls0">1. Whenever agencies of this state enter into contracts for, or on behalf of the state for the purchase of tangible or intangible property, or for services or labor, such agreement shall be evidenced by written contracts or purchase orders, and must be transmitted to the Director of the Office of Management and Enterprise Services within a reasonable time from the date of the awarding of the contract or purchase order, as determined by the Director;&nbsp;</span></p> <p><span class="cls0">2. The Director of the Office of Management and Enterprise Services shall charge such contracts or purchase orders against the proper account as an outstanding order until it is liquidated by payment of a claim, or claims, against said contracts or purchase orders, or by cancellation of the contract or purchase order;&nbsp;</span></p> <p><span class="cls0">3. The Director of the Office of Management and Enterprise Services shall have the power to authorize agencies of the state to make purchases without the submission of competitive bids as otherwise required by Sections 85.7 and 85.12 of Title 74 of the Oklahoma Statutes, for or on behalf of the state whenever the Director determines that it is in the best interests of the state. The administrative head of any agency shall be personally liable for obligations incurred in excess of the authorization granted by the Director;&nbsp;</span></p> <p><span class="cls0">4. The Director of the Office of Management and Enterprise Services shall never authorize payment of claims for any agency of the state unless they are supported by:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;contracts or purchase orders of the Office of Management and Enterprise Services,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;institutional purchase orders or contracts,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;departmental purchase orders or contracts, or&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;authorizations for purchases granted by the Director as provided by paragraph 3 of this section;&nbsp;</span></p> <p><span class="cls0">5. Any invoice or claim dated prior to the date of any of the above-mentioned encumbrance documents shall be rejected by the Office of Management and Enterprise Services;&nbsp;</span></p> <p><span class="cls0">6. Any encumbrance document that is outstanding on the records in the Office of Management and Enterprise Services when its funding source or sources lapse shall be canceled, unless another current funding source is assigned; and&nbsp;</span></p> <p><span class="cls0">7. The Commissioners of the Land Office shall be authorized to make payment of fees to its custodial bank and investment managers from the proceeds of total realized investment gains and such payments may be made from a special fund hereby created in the State Treasury for this purpose. Total payments for this purpose in a fiscal year shall not exceed one-half percent (0.5%) of the market value of the funds under the Commissioners' management on June 30 of the previous fiscal year.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1947, p. 376, &sect; 16, emerg. eff. Feb. 25, 1947. Amended by Laws 1949, p. 416, &sect; 1, emerg. eff. May 10, 1949; Laws 1955, p. 335, &sect; 1, emerg. eff. June 6, 1955; Laws 1975, c. 269, &sect; 1, emerg. eff. June 5, 1975; Laws 1983, c. 334, &sect; 4, emerg. eff. June 30, 1983; Laws 1984, c. 166, &sect; 5, operative July 1, 1984; Laws 1990, c. 264, &sect; 60, operative July 1, 1990; Laws 1997, c. 301, &sect; 1, eff. Sept. 1, 1997; Laws 1998, c. 85, &sect; 6, eff. July 1, 1998; Laws 2009, c. 441, &sect; 39, eff. July 1, 2009. Renumbered from &sect; 41.16 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009. Amended by Laws 2012, c. 304, &sect; 385.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-34.63. Disbursements.&nbsp;</span></p> <p><span class="cls0">A. The State Treasurer shall be the disbursing agency of the state and shall draw either checks or warrants payable at the State Treasury, in payment of all claims, including payrolls, against the state which shall be paid out of the Treasury, as follows:&nbsp;</span></p> <p><span class="cls0">1. Each check or warrant shall specify the date of its issue and the name of the person to whom payable; and&nbsp;</span></p> <p><span class="cls0">2. For each check, or warrant, issued by the State Treasurer, there shall be a record which shall specify the gross amount, the amount of withholding, if any, and the net amount payable to the payee.&nbsp;</span></p> <p><span class="cls0">B. At the end of each month the State Treasurer shall report to the Director of the Office of Management and Enterprise Services in such form as the Director shall prescribe, all checks or warrants issued during the month.&nbsp;</span></p> <p><span class="cls0">C. Checks or warrants issued by the State Treasurer shall be registered on the records of the State Treasurer in such manner as shall be prescribed by the Director of the Office of Management and Enterprise Services; provided, that each check or warrant shall indicate thereon the fund against which the same shall be charged. The purpose of this section is to permit checks or warrants to be registered in the order in which they are drawn upon the State Treasury.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1947, p. 378, &sect; 18, emerg. eff. Feb. 25, 1947. Amended by Laws 1947, p. 383, &sect; 1, emerg. eff. April 16, 1947; Laws 1979, c. 47, &sect; 47, emerg. eff. April 9, 1979; Laws 2009, c. 441, &sect; 40, eff. July 1, 2009. Renumbered from &sect; 41.18 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009. Amended by Laws 2012, c. 304, &sect; 386.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-34.64. Payment of claims or payrolls.&nbsp;</span></p> <p><span class="cls0">A. Except as otherwise provided in the Oklahoma State Finance Act, procedures for paying claims or payrolls shall include the following:&nbsp;</span></p> <p><span class="cls0">1. All miscellaneous claims and payroll claims for the payment of money from the State Treasury, shall be filed with the Director of the Office of Management and Enterprise Services for audit and settlement prior to being filed for payment with the State Treasurer;&nbsp;</span></p> <p><span class="cls0">2. The Director of the Office of Management and Enterprise Services may establish alternative procedures for the settlement of claims whenever such procedures are more advantageous so long as they are consistent with the requirements of state law;&nbsp;</span></p> <p><span class="cls0">3. Such alternative procedures shall be at the discretion of the Director of the Office of Management and Enterprise Services and may include, but are not limited to:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;a procedure to permit consolidated payment to vendors for claims involving more than one agency of the state when audit and settlement of such claims, as hereinafter provided, can in all respects be accomplished,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;procedures based upon valid statistical sampling models for preaudit of claims, against contracts, purchase orders and other commitments before entering such claims against the accounts, and&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;policies, procedures and performance criteria for the participation of agencies or departments, not authorized by this section, to engage in an alternative system for the settlement of claims; and&nbsp;</span></p> <p><span class="cls0">4. The Director of the Office of Management and Enterprise Services may use a numeric or alphanumeric designation to cross-reference claims or payrolls to check warrant numbers, transfer entry or optional settlement mode used in the payment thereof.&nbsp;</span></p> <p><span class="cls0">B. After claims or payrolls or both have been properly audited and recorded against the respective contracts, purchase orders, other commitments and accounts, the Division of Central Accounting and Reporting shall certify such claims or payrolls to the State Treasurer for payment.&nbsp;</span></p> <p><span class="cls0">C. It shall be the responsibility of the Division of Central Accounting and Reporting to determine that:&nbsp;</span></p> <p><span class="cls0">1. All material legal requirements concerning the expenditure of monies involved in each claim or payroll have been complied with;&nbsp;</span></p> <p><span class="cls0">2. Funds have been properly and legally allotted for the payment of the claim or payroll; and&nbsp;</span></p> <p><span class="cls0">3. A sufficient balance exists for the payment of same.&nbsp;</span></p> <p><span class="cls0">D. The Director of the Office of Management and Enterprise Services or bonded employees in the Division of Central Accounting and Reporting authorized by the Director shall certify to the State Treasurer that the claim or payroll has been approved for payment.&nbsp;</span></p> <p><span class="cls0">E. 1. The Director of the Office of Management and Enterprise Services shall be authorized to establish necessary agency disbursing funds to efficiently accommodate the cash flow requirements of applicable federal regulations, bond indebtedness and other directives deemed appropriate by the Director.&nbsp;</span></p> <p><span class="cls0">2. Agencies operating such disbursing funds are authorized to establish a preaudit and settlement system for claims or payments or both relating to the purposes of the stated directives.&nbsp;</span></p> <p><span class="cls0">3. The State Treasurer shall establish procedures for the state in accordance with Federal Banking and National Automated Clearing House Association standards and agencies shall be required to utilize automated clearing house procedures established by the State Treasurer.&nbsp;</span></p> <p><span class="cls0">4. No individual or entity shall be required to have a bank account unless required by federal law or federal regulation.&nbsp;</span></p> <p><span class="cls0">5. Agencies shall be further required to present these transactions to the Office of Management and Enterprise Services in a summarized format and shall include any accounting information necessary as determined by the Director of the Office of Management and Enterprise Services including, but not limited to, information related to federal law.&nbsp;</span></p> <p><span class="cls0">6. Administrative expenditures shall not be eligible for these procedures.&nbsp;</span></p> <p><span class="cls0">7. The efficiency of the payment system shall be considered when the interest earnings of the state are not diminished.&nbsp;</span></p> <p><span class="cls0">F. The Director of the Office of Management and Enterprise Services shall be authorized to process payments for federal tax withholding without claim forms. The Director shall establish a separate fund for the purpose of accumulating federal income tax withholding from payrolls and remitting same to the United States Treasury.&nbsp;</span></p> <p><span class="cls0">G. 1. The Director of the Office of Management and Enterprise Services shall be authorized to process, without claim forms, interest payments to the U.S. Treasury as required by federal law.&nbsp;</span></p> <p><span class="cls0">2. Agencies are responsible for the accrual of such interest liability of the state and shall provide payment to the Office of Management and Enterprise Services in the amount and method prescribed by the Director of the Office of Management and Enterprise Services.&nbsp;</span></p> <p><span class="cls0">3. Any liability of the U.S. Treasury as determined by federal law shall be deposited in the State Treasury and transferred by the Director of the Office of Management and Enterprise Services to the General Revenue Fund of the state subsequent to final determination and necessary audit resolution.&nbsp;</span></p> <p><span class="cls0">H. Payments disbursed from the State Treasury shall be conveyed solely through an electronic payment mechanism. The State Treasurer may provide an exemption from the provisions of this subsection, with cause, provided the number of exempted payments and a corresponding list of causes shall be published in a regularly updated report which is featured prominently on the State Treasurer's website.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1947, p. 379, &sect; 21, emerg. eff. Feb. 25, 1947. Amended by Laws 1979, c. 47, &sect; 49, emerg. eff. April 9, 1979; Laws 1983, c. 334, &sect; 5, emerg. eff. June 30, 1983; Laws 1986, c. 247, &sect; 17, operative July 1, 1986; Laws 1990, c. 265, &sect; 15, operative July 1, 1990; Laws 1991, c. 24, &sect; 1, emerg. eff. March 29, 1991; Laws 1991, c. 330, &sect; 4; Laws 1992, c. 358, &sect; 1, eff. July 1, 1992; Laws 1993, c. 328, &sect; 31, operative July 1, 1993; Laws 1993, c. 364, &sect; 18, emerg. eff. June 11, 1993; Laws 1994, c. 2, &sect; 21, emerg. eff. March 2, 1994; Laws 1994, c. 277, &sect; 4; Laws 1995, c. 292, &sect; 6, eff. July 1, 1995; Laws 1996, c. 290, &sect; 9, eff. July 1, 1996; Laws 1997, c. 2, &sect; 13, emerg. eff. Feb. 26, 1997; Laws 1997, c. 164, &sect; 3, eff. July 1, 1997; Laws 1998, c. 392, &sect; 4, eff. Sept. 1, 1998; Laws 2000, c. 347, &sect; 3, emerg. eff. June 6, 2000; Laws 2001, c. 33, &sect; 53, eff. July 1, 2001; Laws 2002, c. 150, &sect; 1, eff. July 1, 2002; Laws 2009, c. 441, &sect; 41, eff. July 1, 2009. Renumbered from &sect; 41.21 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009. Amended by Laws 2011, c. 292, &sect; 2, eff. July 1, 2012; Laws 2012, c. 304, &sect; 387.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1992, c. 326, &sect; 8 repealed by Laws 1993, c. 10, &sect; 16, emerg. eff. March 21, 1993. Laws 1993, c. 10, &sect; 6 repealed by Laws 1994, c. 277, &sect; 18. Laws 1993, c. 291, &sect; 1 repealed by Laws 1994, c. 2, &sect; 34, emerg. eff. March 2, 1994. Laws 1994, c. 78, &sect; 1 repealed by Laws 1994, c. 277, &sect; 18. Laws 1996, c. 204, &sect; 1 repealed by Laws 1997, c. 2, &sect; 26, emerg. eff. Feb. 26, 1997.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-34.65. Payment of vendor invoices.&nbsp;</span></p> <p><span class="cls0">A. To facilitate the payment of vendor invoices and contract estimates, the Director of the Office of Management and Enterprise Services shall prescribe a uniform document to be used by all agencies of the state. The document shall provide summarized information relative to the referenced invoices or contract estimates, together with a space for the approval of the head of the agency approving said vendor invoices or contract estimates for payment.&nbsp;</span></p> <p><span class="cls0">B. Vendor invoices and contract estimates shall be accepted by the state in lieu of the claim form previously required in the same manner as commercial invoices are paid.&nbsp;</span></p> <p><span class="cls0">C. Vendor invoices and contract estimates shall be filed with the agency receiving the merchandise or services in the same manner as invoices are filed with commercial firms.&nbsp;</span></p> <p><span class="cls0">D. Upon receipt of invoices or contract estimates, the head of the agency, or the agency's authorized agent, may approve said documents for payment as confirmation of delivery or acceptance of the goods or services. Whereupon, the approved invoices or contract estimates shall be attached to the document provided for such purpose and the head of the agency approving such invoices of contract estimates for payment shall affix the approval in the space provided on the document.&nbsp;</span></p> <p><span class="cls0">E. Commercial invoices shall be accepted in lieu of the standard notarized claim prescribed by the state.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1949, p. 622, &sect; 1, emerg. eff. June 2, 1949. Amended by Laws 2009, c. 441, &sect; 42, eff. July 1, 2009. Renumbered from &sect; 86.1 of Title 74 by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009. Amended by Laws 2012, c. 304, &sect; 388.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-34.66. Writing of checks and warrants &ndash; Delegation of check and warrant issuing authority &ndash; Payment register &ndash; Transfer entries &ndash; Electronic fund transfers.&nbsp;</span></p> <p><span class="cls0">A. The State Treasurer shall write checks or warrants in payment of claims and payrolls certified to the State Treasurer for payment by the Division of Central Accounting and Reporting or:&nbsp;</span></p> <p><span class="cls0">1. The Department of Human Services;&nbsp;</span></p> <p><span class="cls0">2. The Department of Rehabilitative Services;&nbsp;</span></p> <p><span class="cls0">3. The State Department of Health;&nbsp;</span></p> <p><span class="cls0">4. The Department of Transportation;&nbsp;</span></p> <p><span class="cls0">5. The State Department of Education;&nbsp;</span></p> <p><span class="cls0">6. The Oklahoma Department of Career and Technology Education; and&nbsp;</span></p> <p><span class="cls0">7. The institutions within The Oklahoma State System of Higher Education.&nbsp;</span></p> <p><span class="cls0">B. The State Treasurer, within such limitations as the State Treasurer may prescribe, may authorize the Director of the Office of Management and Enterprise Services and the entities specified in subsection A of this section to issue the checks or warrants for payment of claims and payrolls that have been certified by the respective agency.&nbsp;</span></p> <p><span class="cls0">C. The Director of the Office of Management and Enterprise Services and the entities specified in subsection A of this section shall provide the State Treasurer a register of each payment for each check or warrant issued. To protect against fraud, information contained within the register of checks or warrants shall not be subject to the Oklahoma Open Records Act until the earlier of:&nbsp;</span></p> <p><span class="cls0">1. Such checks or warrants are submitted for redemption; or&nbsp;</span></p> <p><span class="cls0">2. Such checks or warrants are cancelled by statute.&nbsp;</span></p> <p><span class="cls0">D. In lieu of checks or warrants:&nbsp;</span></p> <p><span class="cls0">1. The Director of the Office of Management and Enterprise Services may, with the concurrence of the State Treasurer, settle interagency claims by transfer entry; and&nbsp;</span></p> <p><span class="cls0">2. At the discretion of the State Treasurer, pay claims and payrolls by the electronic transfer of funds.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2009, c. 441, &sect; 43, eff. July 1, 2009. Amended by Laws 2010, c. 241, &sect; 6, emerg. eff. May 10, 2010; Laws 2012, c. 304, &sect; 389.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-34.67. Claims and payrolls.&nbsp;</span></p> <p><span class="cls0">A. The Director of the Office of Management and Enterprise Services is hereby authorized to prescribe forms and electronic systems to process claims and payroll to be used by the various agencies of the state. Any agency of the state may file a claim against more than one item of the current allotments within funds by indicating on the claim or payroll the account, or accounts to be charged. The Director shall approve and charge such claim to the account, or accounts, indicated after proper audit of the claim or payroll.&nbsp;</span></p> <p><span class="cls0">B. These payroll systems are hereby authorized for use in claiming amounts due individually to all employees within an agency of the state. Each payroll record shall show the total earnings, the amount of each type of withholding and the net amount due each employee. Withholdings may be reserved by the Director of the Office of Management and Enterprise Services to be paid to the proper entity by lump sum payments.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1947, p. 377, &sect; 17, emerg. eff. Feb. 25, 1947. Amended by Laws 2009, c. 441, &sect; 44, eff. July 1, 2009. Renumbered from &sect; 41.17 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009. Amended by Laws 2012, c. 304, &sect; 390.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-34.68. Approval of claims and payrolls.&nbsp;</span></p> <p><span class="cls0">A. The elected or appointed executives of any state agency or their designated administrative employees shall approve individual claims of the agency which are used as the basis for the payment of money from the State Treasury from any fund. These individuals shall be known as the "agency approving officers".&nbsp;</span></p> <p><span class="cls0">B. Payrolls shall show the amount to be paid to each named person for the period of time shown.&nbsp;</span></p> <p><span class="cls0">C. The number of persons authorized to make such approval shall not exceed five people for any one state agency without the special approval of the Director of the Office of Management and Enterprise Services.&nbsp;</span></p> <p><span class="cls0">D. All agency approving officers shall execute a bond issued by a surety company licensed to do business in this state, payable to the state in the amount required by the Director of the Office of Management and Enterprise Services but not less than Fifty Thousand Dollars ($50,000.00) and conditioned for the faithful performance of their duties, as surety, which shall be approved by the Director of the Office of Management and Enterprise Services and filed in the office of the Secretary of State.&nbsp;</span></p> <p><span class="cls0">E. After state claims and/or payrolls have been approved by the above agency approving officers, they shall be filed with the Director of the Office of Management and Enterprise Services for auditing and settlement.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1947, p. 380, &sect; 26, emerg. eff. Feb. 25, 1947. Amended by Laws 1968, c. 52, &sect; 1, emerg. eff. March 18, 1968; Laws 1971, c. 329, &sect; 1, emerg. eff. June 25, 1971; Laws 1973, c. 46, &sect; 15, operative July 1, 1973; Laws 2009, c. 441, &sect; 45, eff. July 1, 2009. Renumbered from &sect; 41.26 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009. Amended by Laws 2012, c. 304, &sect; 391.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-34.69. Payroll Fund &ndash; Web-based access to employment and compensation information.&nbsp;</span></p> <p><span class="cls0">There is hereby created in the State Treasury a Payroll Fund which shall be used by the Director of the Office of Management and Enterprise Services and the State Treasurer to issue a consolidated payroll for each agency of the state. Payrolls of state agencies shall be charged against the Payroll Fund created herein. Each state agency shall prepare summary distributions of the amounts of payrolls to be charged against each fund within the State Treasury and the Director shall transfer monies from each fund in the State Treasury to the Payroll Fund amounts as shown on payroll distribution summaries, and shall charge such amounts to the account affected thereby.&nbsp;</span></p> <p><span class="cls0">B. As of July 1, 2010, the Office of Management and Enterprise Services shall make available and each executive state agency shall make available to all state employees a centralized web-based system to access their personal employment and compensation-related information. The provisions of this subsection as it pertains to executive agencies may be waived by the Director of the Office of Management and Enterprise Services in the event that lack of timely access prevents employees from utilizing the centralized system. As used in subsections B, C and D of this section, "executive state agency" shall mean any state agency, authority, board, commission or other entity organized within the executive department of state government. Executive state agency shall not mean any government entity organized or created within the legislative or judicial departments of state government.&nbsp;</span></p> <p><span class="cls0">C. Except for institutions within The Oklahoma State System for Higher Education, executive state agencies converting to a multi-monthly payroll system shall consult with the Office of Management and Enterprise Services on the timing of the agency's conversion.&nbsp;</span></p> <p><span class="cls0">1. All state employees hired during the six (6) months prior to an executive state agency's conversion to a multi-monthly payroll shall be placed on either the biweekly payroll system or supplemental payroll upon the date of hire.&nbsp;</span></p> <p><span class="cls0">2. In the six (6) months prior to an executive state agency's conversion to multi-monthly payroll, the executive state agency shall offer either multi-monthly or supplemental payroll to any employee who chooses to participate. The provisions of this paragraph shall not apply to employees placed on the multi-monthly payroll pursuant to paragraph 1 of this subsection.&nbsp;</span></p> <p><span class="cls0">D. Six (6) months prior to an executive state agency converting to the multi-monthly payroll system, it shall create employee payroll conversion banks for the purpose of providing a one-time payroll payment to an employee for the gap in payroll payments created by the conversion to the multi-monthly system.&nbsp;</span></p> <p><span class="cls0">1. Each executive state agency shall allow its employees to accumulate funds up to a maximum of eighty (80) hours for the conversion bank from the following sources:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;earned compensatory time, if the agency normally provides its employees compensatory time,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;earned annual leave,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;earned sick leave up to a maximum of forty (40) hours, and&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;shared leave as approved by the appointing authority.&nbsp;</span></p> <p><span class="cls0">2. During the six-month period leading up to an executive state agency's conversion to the multi-monthly payroll system, all executive state agencies shall inform, in writing or by electronic means, all their employees of their leave and compensatory time balances on a monthly basis.&nbsp;</span></p> <p><span class="cls0">E. The Office of Management and Enterprise Services shall establish procedures concerning the conversion.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1947, p. 365, &sect; 6, emerg. eff. April 16, 1947. Amended by Laws 1979, c. 47, &sect; 44, emerg. eff. April 9, 1979; Laws 1984, c. 166, &sect; 4, operative July 1, 1984; Laws 2009, c. 326, &sect; 1, emerg. eff. May 27, 2009. Renumbered from &sect; 7.6 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009. Amended by Laws 2010, c. 2, &sect; 48, emerg. eff. March 3, 2010; Laws 2011, c. 347, &sect; 5; Laws 2012, c. 304, &sect; 392.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 2009, c. 441, &sect; 46 repealed by Laws 2010, c. 2, &sect; 49, emerg. eff. March 3, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-34.70. Voluntary payroll deductions.&nbsp;</span></p> <p><span class="cls0">A. 1. Upon the request of a state employee, a state agency shall make voluntary payroll deductions for the employee to any credit union, bank, or savings association having an office in this state.&nbsp;</span></p> <p><span class="cls0">2. If the governing body of any county, municipality, or school district provides for voluntary payroll deductions to a credit union serving the employees of the county, municipality, or school district, it shall provide voluntary payroll deductions to any credit union, bank, or savings association having an office in this state which has a minimum participation of twenty percent (20%) of the employees of the county, municipality, or school district.&nbsp;</span></p> <p><span class="cls0">B. Upon the request of a state employee and pursuant to procedures established by the Director of the Office of Management and Enterprise Services, a state agency shall make payroll deductions for:&nbsp;</span></p> <p><span class="cls0">1. The payment of any insurance premiums due a private insurance organization with a minimum participation of five hundred (500) state employees for life, accident, and health insurance which is supplemental to that provided for by the state;&nbsp;</span></p> <p><span class="cls0">2. The payment of any insurance premiums due a private insurance organization or service company which is regulated by the State Insurance Commissioner and with a minimum participation of five hundred (500) state employees for legal services;&nbsp;</span></p> <p><span class="cls0">3. Premiums or payments for retirement plans with a minimum participation of five hundred (500) state employees for retirement plans which are supplemental to that provided for by the state;&nbsp;</span></p> <p><span class="cls0">4. Salary adjustment agreements included in a flexible benefits plan as authorized by the State Employees Flexible Benefits Act;&nbsp;</span></p> <p><span class="cls0">5. Membership dues utilized for benefits, goods or services provided by the Oklahoma Public Employees Association to the organization's membership or any other statewide association limited to state employee membership with a minimum membership of two thousand (2,000) dues-paying members. For purposes of this paragraph, state agencies shall accept online or electronically submitted forms from the Oklahoma Public Employees Association and other state employee associations. The Office of Management and Enterprise Services shall develop and implement a verification process for online or electronically submitted forms which may include the use of electronic signature technology or other process as determined appropriate;&nbsp;</span></p> <p><span class="cls0">6. Contributions to any foundation organized pursuant to 26 U.S.C., Section 501(c)(3) of the Oklahoma Public Employees Association or any other statewide association limited to state employee membership with a minimum membership of two thousand (2,000) dues-paying members;&nbsp;</span></p> <p><span class="cls0">7. Payments to a college savings account administered under the Oklahoma College Savings Plan Act pursuant to Section 3970.1 et seq. of Title 70 of the Oklahoma Statutes;&nbsp;</span></p> <p><span class="cls0">8. Subscriptions to the Oklahoma Today magazine published by the State of Oklahoma through the Oklahoma Tourism and Recreation Department; and&nbsp;</span></p> <p><span class="cls0">9. The payment of any insurance premiums due a private insurance organization, which is regulated by the State Insurance Commission, for an Oklahoma Long-Term Care Partnership Program approved policy pursuant to the Oklahoma Long-Term Care Partnership Act.&nbsp;</span></p> <p><span class="cls0">C. The administrative costs of processing payroll deductions or administering salary adjustment agreements for insurance premiums as provided for in subsection B of this section shall be a charge of two percent (2%) of the gross annual premiums for insurance plans. The administrative costs of processing payroll deductions or administering salary adjustment agreements for payments for retirement plans as provided for in subsection B of this section shall be one percent (1%) of the gross annual payments for retirement plans. These charges shall be collected monthly from the private insurance or retirement plan organization by the Office of Management and Enterprise Services and shall be deposited to the credit of the General Revenue Fund. Provided that these costs shall not be collected from state employees or state agencies unless otherwise directed in the Oklahoma State Finance Act.&nbsp;</span></p> <p><span class="cls0">D. Any statewide association granted a payroll deduction prior to January 1, 2008, shall be exempt from the minimum state employee membership requirement.&nbsp;</span></p> <p><span class="cls0">E. Approval of a payroll deduction or salary adjustment agreement for any insurance organization, line of coverage or policy shall not be construed as an assumption of liability, for the term of policy or the performance of the insurance organization, by this state, or any of its agencies or any officer or employee thereof. Contracts for such insurance shall be in all respects subject to the insurance laws of this state, and shall be enforceable solely pursuant to such laws.&nbsp;</span></p> <p><span class="cls0">F. The Oklahoma Employment Security Commission is authorized to deduct from the wages or salary of its employees the employees' contribution to the Oklahoma Employment Security Commission Retirement Plan.&nbsp;</span></p> <p><span class="cls0">G. Payroll deductions shall be made for premium payments for group insurance for retired members or beneficiaries of any state-supported retirement system upon proper authorization given by the member or beneficiary to the board from which the member or beneficiary is currently receiving retirement benefits.&nbsp;</span></p> <p><span class="cls0">H. Upon request of instructional personnel employed at either the Oklahoma School for the Blind or the Oklahoma School for the Deaf and pursuant to procedures established by the Director of the Office of Management and Enterprise Services, the Commission for Rehabilitation Services shall make payroll deductions for membership dues in any statewide educational employee organization or association.&nbsp;</span></p> <p><span class="cls0">I. Upon the request of a state employee of the Department of Corrections, the Department shall make voluntary payroll deductions for the employee to the Correctional Peace Officer Foundation.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1984, c. 28, &sect; 1, emerg. eff. March 23, 1984. Amended by Laws 1988, c. 248, &sect; 6, operative July 1, 1988; Laws 1989, c. 370, &sect; 11, operative July 1, 1989; Laws 1992, c. 142, &sect; 1, eff. July 1, 1992; Laws 1997, c. 73, &sect; 1, eff. Nov. 1, 1997; Laws 2000, c. 336, &sect; 12, eff. July 1, 2000; Laws 2001, c. 5, &sect; 35, emerg. eff. March 21, 2001; Laws 2002, c. 204, &sect; 1, eff. Nov. 1, 2002; Laws 2003, c. 212, &sect; 4, eff. July 1, 2003; Laws 2004, c. 5, &sect; 52, emerg. eff. March 1, 2004; Laws 2005, c. 49, &sect; 1, eff. July 1, 2005; Laws 2008, c. 392, &sect; 1, emerg. eff. June 3, 2008; Laws 2009, c. 12, &sect; 1, eff. July 1, 2009; Laws 2009, c. 135, &sect; 1, eff. Nov. 1, 2009; Laws 2009, c. 441, &sect; 47, eff. July 1, 2009. Renumbered from &sect; 7.10 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009. Amended by Laws 2012, c. 304, &sect; 393.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 2000, c. 73, &sect; 1 repealed by Laws 2001, c. 5, &sect; 36, emerg. eff. March 21, 2001. Laws 2003, c. 93, &sect; 3 repealed by Laws 2004, c. 5, &sect; 53, emerg. eff. March 1, 2004. Laws 2003, c. 114, &sect; 1 repealed by Laws 2004, c. 5, &sect; 54, emerg. eff. March 1, 2004.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-34.71. Procedure to issue payment for goods and services.&nbsp;</span></p> <p><span class="cls0">The Director of the Office of Management and Enterprise Services shall establish a procedure to issue payment of a proper invoice for goods or services within no more than forty-five (45) days from the date on which the invoice was received in the office designated by the agency to which the goods or services were sold and delivered.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1983, p. 1168, H.J.R. No. 1010, &sect; 1, emerg. eff. May 24, 1983. Amended by Laws 2009, c. 441, &sect; 48, eff. July 1, 2009. Renumbered from &sect; 41.4a of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009. Amended by Laws 2010, c. 170, &sect; 6, emerg. eff. April 26, 2010; Laws 2012, c. 304, &sect; 394.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-34.72. Procedure for payment of interest.&nbsp;</span></p> <p><span class="cls0">The Director of the Office of Management and Enterprise Services shall establish a procedure to assess and pay interest for the late payment of an invoice, which interest shall be calculated beginning the thirtieth day after receipt by the designated office of a proper invoice for which payment has not been mailed, transmitted, or delivered to a vendor by the close of business on the forty-fifth day. Such interest shall be at an annualized rate based on an average of the interest rate for thirty-day time deposits of state funds during the last calendar quarter of the last preceding fiscal year, as reported by the State Treasurer.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1983, p. 1168, H.J.R. No. 1010, &sect; 2, emerg. eff. May 24, 1983. Amended by Laws 2009, c. 441, &sect; 49, eff. July 1, 2009. Renumbered from &sect; 41.4b of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009. Amended by Laws 2012, c. 304, &sect; 395.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-34.73. Definition.&nbsp;</span></p> <p><span class="cls0">A &ldquo;proper invoice&rdquo; means one which is complete in all requirements necessary for processing it for payment in accordance with the terms of appropriate contracts and applicable state or federal statutes.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1983, p. 1168, H.J.R. No. 1010, &sect; 3, emerg. eff. May 24, 1983. Amended by Laws 2009, c. 441, &sect; 50, eff. July 1, 2009. Renumbered from &sect; 41.4c of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;62-34.74. Grievance - Remedy.&nbsp;</span></p> <p><span class="cls0">Any vendor of goods or services purchased by or delivered to an agency of the state whose payment is delayed beyond the forty-five-day limit and who has not been compensated by payment of interest as provided for in the Oklahoma State Finance Act may file a grievance with the Office of the Governor, who shall transmit it to the Director of the Office of Management and Enterprise Services. Upon receipt of such grievance, the Director shall pay the total amount of such invoice with interest as required, within fifteen (15) days, to remedy such grievance. If the Director determines that the invoice or interest should not be paid, such determination and the reasons therefor shall be reported to the Governor and the aggrieved vendor.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1983, p. 1168, H.J.R. No. 1010, &sect; 4, emerg. eff. May 24, 1983. Amended by Laws 2009, c. 441, &sect; 51, eff. July 1, 2009. Renumbered from &sect; 41.4d of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009. Amended by Laws 2012, c. 304, &sect; 396.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;62-34.75. Human Services encumbrance and preaudit claim settlement system &ndash; Detailed listings &ndash; Daily reports.&nbsp;</span></p> <p><span class="cls0">A. The Department of Human Services may establish an encumbrance and preaudit system for settlement of claims relating to public assistance, social service benefits and medical benefits to or for persons eligible under applicable federal laws and rules, Oklahoma Statutes, and policies established by the Oklahoma Commission for Human Services. The following programs shall be eligible for this procedure:&nbsp;</span></p> <p><span class="cls0">1. Aid to Families with Dependent Children;&nbsp;</span></p> <p><span class="cls0">2. Aid to Aged, Blind and Disabled;&nbsp;</span></p> <p><span class="cls0">3. Medical Assistance;&nbsp;</span></p> <p><span class="cls0">4. Day Care;&nbsp;</span></p> <p><span class="cls0">5. Refugee Resettlement;&nbsp;</span></p> <p><span class="cls0">6. Low Income Heating and Energy Assistance;&nbsp;</span></p> <p><span class="cls0">7. General Assistance;&nbsp;</span></p> <p><span class="cls0">8. Crippled Children;&nbsp;</span></p> <p><span class="cls0">9. Social Services under Title XX of the U.S. Social Security Act, 42 U.S.C., Section 301 et seq.;&nbsp;</span></p> <p><span class="cls0">10. Adoption Subsidies;&nbsp;</span></p> <p><span class="cls0">11. Foster Care;&nbsp;</span></p> <p><span class="cls0">12. Medical Examination;&nbsp;</span></p> <p><span class="cls0">13. Area Agencies on Aging;&nbsp;</span></p> <p><span class="cls0">14. Any contract for service for which the Office of Management and Enterprise Services has approved as qualifying for a fixed and uniform rate pursuant to Section 85.7 of Title 74 of the Oklahoma Statutes;&nbsp;</span></p> <p><span class="cls0">15. Sheltered Workshops;&nbsp;</span></p> <p><span class="cls0">16. Contracted Group Homes;&nbsp;</span></p> <p><span class="cls0">17. Rehabilitative Client Interpreters;&nbsp;</span></p> <p><span class="cls0">18. Rehabilitative Client Drivers; and&nbsp;</span></p> <p><span class="cls0">19. Maternal and Child Health Services Block Grant.&nbsp;</span></p> <p><span class="cls0">B. Prior to inclusion in this procedure, the Department of Human Services shall provide to the Director of the Office of Management and Enterprise Services, for approval, detailed listings of the type of payments to be made for each of these programs specified in subsection A of this section.&nbsp;</span></p> <p><span class="cls0">C. The Department of Human Services shall provide the Director of the Office of Management and Enterprise Services a daily report of the dollar amount of claims settled and checks or warrants issued, the dollar amount of checks or warrants canceled, and the dollar amount of checks or warrants canceled by statutes.&nbsp;</span></p> <p><span class="cls0">D. The Department of Human Services and the Director of the Office of Management and Enterprise Services shall jointly establish a system for the settlement of claims, except for payroll, by the Department of Human Services. The settlement system shall include policy, procedures and performance criteria for participation.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2009, c. 441, &sect; 52, eff. July 1, 2009. Amended by Laws 2012, c. 304, &sect; 397.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-34.76. WIC Supplemental Nutrition Program - Establishment of system for processing of claims - Procedures for payment of gross vouchers - Transfer of certain funds.&nbsp;</span></p> <p><span class="cls0">A. The State Department of Health is authorized to enter into contracts with third party administrators to establish a system for processing claims for payment pursuant to the United States Department of Agriculture Women, Infants and Children Supplemental Nutrition Program.&nbsp;</span></p> <p><span class="cls0">B. The State Board of Health shall promulgate rules and develop procedures necessary for implementation and administration of the system.&nbsp;</span></p> <p><span class="cls0">C. The State Board of Health is authorized to develop procedures that allow for the payment of gross vouchers received by a third party administrator adjusted by returned items or any other disallowances.&nbsp;</span></p> <p><span class="cls0">D. The State Department of Health is authorized to transfer any available federal or revolving funds to their WIC Disbursing Fund as needed for the purpose of providing cash flow until federal funds are received. Any such funds transferred into the WIC Disbursing Fund shall be transferred back to the original fund source before the end of the fiscal year in which the transfer was made.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1992, c. 32, &sect; 1, eff. July 1, 1992. Amended by Laws 1993, c. 269, &sect; 8, eff. Sept. 1, 1993; Laws 2009, c. 441, &sect; 53, eff. July 1, 2009. Renumbered from &sect; 41.16a of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;62-34.77. Rehabilitation services encumbrance and preaudit claim settlement system &ndash; Detailed listings &ndash; Daily reports.&nbsp;</span></p> <p><span class="cls0">A. The State Department of Rehabilitation Services is authorized to establish an encumbrance and preaudit system for settlement of claims relating to social service benefits and medical benefits to or for persons eligible under applicable federal laws and regulations, Oklahoma Statutes, and policies established by the Commission for Rehabilitation Services for the following programs:&nbsp;</span></p> <p><span class="cls0">1. Vocational and other rehabilitation;&nbsp;</span></p> <p><span class="cls0">2. Educational services;&nbsp;</span></p> <p><span class="cls0">3. Disability Determination Services; and&nbsp;</span></p> <p><span class="cls0">4. Visual Services.&nbsp;</span></p> <p><span class="cls0">B. Prior to inclusion in this procedure, the State Department of Rehabilitation Services shall provide to the Director of the Office of Management and Enterprise Services, for approval, detailed listings of the type of payments to be made for each of these programs specified in subsection A of this section.&nbsp;</span></p> <p><span class="cls0">C. The State Department of Rehabilitation Services shall provide the Director of the Office of Management and Enterprise Services a daily report of the dollar amount of claims settled and checks or warrants issued, the dollar amount of checks or warrants canceled, and the dollar amount of checks or warrants canceled by statutes.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2009, c. 441, &sect; 54, eff. July 1, 2009. Amended by Laws 2012, c. 304, &sect; 398.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-34.78. Higher educational institution claim settlement systems.&nbsp;</span></p> <p><span class="cls0">A. The Oklahoma State Regents for Higher Education and the Director of the Office of Management and Enterprise Services shall jointly establish a system for the settlement of claims, except for payroll, by institutions of The Oklahoma State System of Higher Education. The settlement system shall include policy, procedures, and performance criteria for participation. The State Regents may approve or disapprove the participation of any institution or other entity of the State System in the claims settlement system.&nbsp;</span></p> <p><span class="cls0">B. The Department of Education and the Oklahoma Department of Career and Technology Education may establish a preaudit and settlement system for claims and/or payments of state-funded assistance to school districts and institutions within The Oklahoma State System of Higher Education. The payment system shall be neutral as to interest income to the state and the school districts.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2009, c. 441, &sect; 55, eff. July 1, 2009. Amended by Laws 2012, c. 304, &sect; 399.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-34.79. Transportation preaudit and settlement system for claims and payments.&nbsp;</span></p> <p><span class="cls0">A. The Department of Transportation may establish a preaudit and settlement system for claims and payments of state-funded contractor estimates and right-of-way payments.&nbsp;</span></p> <p><span class="cls0">B. Nothing in this section shall modify or alter condemnation proceedings as provided by law.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2009, c. 441, &sect; 56, eff. July 1, 2009.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-34.80. Record of warrants, checks or orders by Office of Management and Enterprise Services - Revocation and cancellation of unpaid obligations - Reissuance - Canceled Warrant Fund.&nbsp;</span></p> <p><span class="cls0">A. All warrants, checks or orders issued by the State Treasurer against claims submitted through the Office of Management and Enterprise Services in payment of obligations of the state which shall for any cause remain outstanding or unpaid for a period of ninety (90) days after funds are available for their payment shall be revoked and canceled.&nbsp;</span></p> <p><span class="cls0">B. Such warrants, checks or orders shall be entered into the records of the Office of Management and Enterprise Services and the State Treasurer and the administrative head of the agency certifying the claim for payment shall be notified that such items have been canceled.&nbsp;</span></p> <p><span class="cls0">C. If, for any reason, a warrant should not be issued to replace a warrant canceled pursuant to the provisions of this section, the administrative head of the agency originally certifying the claim for payment shall, within seven (7) days after notification of the cancellation, advise the Director of the Office of Management and Enterprise Services that a reissue should not be made.&nbsp;</span></p> <p><span class="cls0">D. Notwithstanding the provisions of subsection B of this section, warrants issued or caused to be issued by the Department of Human Services for public assistance or medical assistance may be reissued at any time within three (3) years after cancellation upon submission of the canceled warrants to the Department.&nbsp;</span></p> <p><span class="cls0">E. No canceled warrants shall be paid, except that the holder of any warrant that may have been canceled pursuant to the provisions of this section may, within thirty-six (36) months following the month in which the warrant was canceled, present the warrant or an affidavit of loss or destruction, and a request for reissuance to the Director of the Office of Management and Enterprise Services.&nbsp;</span></p> <p><span class="cls0">F. The Director of the Office of Management and Enterprise Services shall certify a claim as needed for payment of those verified unpaid requests presented, unless the certifying agency has advised that a reissuance should not be made.&nbsp;</span></p> <p><span class="cls0">G. 1. There is hereby created in the State Treasury a fund to be known as the Canceled Warrant Fund.&nbsp;</span></p> <p><span class="cls0">2. The Director of the Office of Management and Enterprise Services shall transfer to the Canceled Warrant Fund the total of the payable amounts of the warrants canceled pursuant to the provisions of this section from the funds and accounts against which the canceled warrants had been drawn.&nbsp;</span></p> <p><span class="cls0">3. The Office of Management and Enterprise Services shall disburse from the fund such amounts as necessary to pay warrants reissued as provided in this section.&nbsp;</span></p> <p><span class="cls0">4. These expenditures shall remain recorded in the funds and accounts against which the original canceled warrants were issued and they shall not be considered expenses of the state nor shall receipts to the fund be considered revenue to the state.&nbsp;</span></p> <p><span class="cls0">5. Any such claim drawn against the Canceled Warrant Fund shall identify the current holder of record and the warrant number of the canceled warrant, which shall be provided on the warrant record.&nbsp;</span></p> <p><span class="cls0">H. The Director of the Office of Management and Enterprise Services shall determine the minimum necessary balance to be maintained in the Canceled Warrant Fund and on the third Monday of October shall transfer the amount in excess of the required minimum balance to the General Revenue Fund of the current year. The minimum balance retained shall be not less than the total amount of the warrants canceled by statute within the past thirty-six (36) months preceding October 1 of each year and which remain eligible for replacement according to the records of the Office of Management and Enterprise Services.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1947, p. 378, &sect; 19, emerg. eff. Feb. 25, 1947. Amended by Laws 1979, c. 47, &sect; 48, emerg. eff. April 9, 1979; Laws 1980, c. 105, &sect; 1, eff. July 1, 1980; Laws 1982, c. 39, &sect; 1, emerg. eff. March 26, 1982; Laws 1988, c. 277, &sect; 6, operative July 1, 1988; Laws 1989, c. 367, &sect; 1, operative July 1, 1989; Laws 1992, c. 152, &sect; 1, emerg. eff. May 1, 1992; Laws 1996, c. 290, &sect; 8, eff. July 1, 1996; Laws 2009, c. 441, &sect; 57, eff. July 1, 2009. Renumbered from &sect; 41.19 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009. Amended by Laws 2012, c. 304, &sect; 400. &nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1989, c. 171, &sect; 1 repealed by Laws 1990, c. 337, &sect; 26.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-34.81. Replacement warrant or bond - Affidavit - Records.&nbsp;</span></p> <p><span class="cls0">A. The State Treasurer is hereby authorized and empowered to issue a replacement warrant or bond in lieu of any warrant or bond that has been lost or destroyed; provided, that no replacement warrant or bond shall be issued until an affidavit setting forth the facts as to the loss or destruction of said original warrant or bond has been filed with the Director of the Office of Management and Enterprise Services.&nbsp;</span></p> <p><span class="cls0">B. The Director and the State Treasurer shall maintain appropriate records in their offices to prevent, as nearly as reasonably possible, the state from mistakenly issuing any replacement warrant or bond.&nbsp;</span></p> <p><span class="cls0">C. Such records shall include a stop payment order against the original warrant to cancel the original warrant.&nbsp;</span></p> <p><span class="cls0">D. For such lost or destroyed miscellaneous warrants, the Director of the Office of Management and Enterprise Services shall cancel the original warrant record and process a replacement warrant against the original disbursement claim when possible, or otherwise shall transfer to the Canceled Warrant Fund the payable amount of lost or destroyed warrants on which payment has been stopped pursuant to the provisions of this section from the fund and account against which said warrant had been drawn and issue a replacement from the Canceled Warrant Fund.&nbsp;</span></p> <p><span class="cls0">E. For lost or destroyed payroll warrants, the Director of the Office of Management and Enterprise Services shall issue all payroll replacement warrants pursuant to the provisions of this section from the Canceled Warrant Fund. The Director shall allow the original payroll warrant record to cancel by statute and shall transfer to the Canceled Warrant Fund the payable amount to cover the lost or destroyed warrants on which payment has been stopped pursuant to the provisions of this section from the fund and account against which the warrant had been drawn.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 8067. Amended by Laws 1915, c. 63, &sect; 1; Laws 1979, c. 47, &sect; 93, emerg. eff. April 9, 1979; Laws 1982, c. 39, &sect; 3, emerg. eff. March 26, 1982; Laws 1996, c. 219, &sect; 5, eff. July 1, 1996; Laws 2009, c. 441, &sect; 58, eff. July 1, 2009. Renumbered from &sect; 34 of Title 74 of Laws 2009, c. 441, &sect; 64, eff. July 1, 2009. Amended by Laws 2012, c. 304, &sect; 401.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-34.82. Posting of disbursement information &ndash; Receipts for deposits &ndash; Permanent record &ndash; Audits, apportionment, and distribution &ndash; Maintenance of redeemed warrants and checks.&nbsp;</span></p> <p><span class="cls0">A. Disbursement information for all bonds and interest coupons redeemed by the State Treasurer shall be delivered to the Director of the Office of Management and Enterprise Services for posting. Deposit information for each and every receipt issued for monies received into the State Treasury shall be receipted for by the Office of Management and Enterprise Services.&nbsp;</span></p> <p><span class="cls0">B. Such information shall be maintained as a permanent record in the Office of Management and Enterprise Services.&nbsp;</span></p> <p><span class="cls0">C. The Office of Management and Enterprise Services shall audit such redeemed information and apportion and distribute the collections as indicated by the State Treasury receipts.&nbsp;</span></p> <p><span class="cls0">D. All warrants and checks redeemed by the State Treasurer shall be maintained by the State Treasurer in accordance with state law.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2009, c. 441, &sect; 59, eff. July 1, 2009. Amended by Laws 2012, c. 304, &sect; 402.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-34.83. Nonpayable warrants &ndash; Notice &ndash; Claim custody and records.&nbsp;</span></p> <p><span class="cls0">A. If nonpayable warrants are issued pursuant to the provisions of Section 23 of Article X of the Oklahoma Constitution, the Director of the Office of Management and Enterprise Services shall issue and publish the official call for payment for any warrants that may be outstanding and registered as "nonpayable".&nbsp;</span></p> <p><span class="cls0">B. Notice of such call shall be published in some newspaper of general circulation, published at the seat of government, and interest on all warrants so called for payment shall cease on or after ten (10) days from the date of the first publication of such notice.&nbsp;</span></p> <p><span class="cls0">C. The Director of the Office of Management and Enterprise Services shall be responsible for the custody of claims certified for payment which call for the disbursement of money from the Treasury.&nbsp;</span></p> <p><span class="cls0">D. Such claims shall be maintained in files accessible to the Division of Central Accounting and Reporting and the employees of the Division of Central Accounting and Reporting shall have authority to inspect such claims for the purpose of making accounting adjustments in the records maintained by the Office of Management and Enterprise Services.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2009, c. 441, &sect; 60, eff. July 1, 2009. Amended by Laws 2012, c. 304, &sect; 403.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-34.84. Deficiency certificates.&nbsp;</span></p> <p><span class="cls0">A. The Governor shall have discretion to issue a deficiency certificate or certificates, for the benefit of any agency of the state, if the amount of such deficiency certificate, or certificates, is within the limit of the current appropriation for that agency.&nbsp;</span></p> <p><span class="cls0">B. The State Treasurer shall issue warrants to the extent of such certificate or certificates for the payment of such claims as may be authorized by the Governor.&nbsp;</span></p> <p><span class="cls0">C. Such warrants shall become a part of the public debt and shall be paid out of any money appropriated by the Legislature and made lawfully available therefor.&nbsp;</span></p> <p><span class="cls0">D. In no event shall said deficiency certificate, or certificates, exceed in the aggregate the sum of Five Hundred Thousand Dollars ($500,000.00), in any fiscal year.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1947, p. 380, &sect; 27, emerg. eff. Feb. 25, 1947. Amended by Laws 1979, c. 47, &sect; 50, emerg. eff. April 9, 1979; Laws 2009, c. 441, &sect; 61, eff. July 1, 2009. Renumbered from &sect; 41.27 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;62-34.85. Interest on warrants issued under deficiency certificates.&nbsp;</span></p> <p><span class="cls0">The warrants issued under the authority of any deficiency certificate shall bear interest at a rate to be fixed by the State Treasurer not to exceed four percent (4%) per annum.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1947, p. 381, &sect; 28, emerg. eff. Feb. 25, 1947. Amended by Laws 1989, c. 343, &sect; 1, operative July 1, 1989. Renumbered from &sect; 41.28 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-34.86. Full funding for support of common education &ndash; Time for presentation to Governor.&nbsp;</span></p> <p><span class="cls0">The Legislature shall present measures that provide full funding for the support of common education to the Governor pursuant to Section 11 of Article VI of the Oklahoma Constitution for the Governor&rsquo;s consideration at least twenty-five (25) days prior to the date established by subsection E of Section 6-101 of Title 70 of the Oklahoma Statutes, but not later than April 1, in order for the boards of education of the school districts of this state to make decisions on teacher contracts.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2003, c. 132, &sect; 1 eff. July 1, 2003. Renumbered from &sect; 9.11 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;62-34.87. Transfer of funds to Higher Learning Access Trust Fund.&nbsp;</span></p> <p><span class="cls0">In order to ensure that the Oklahoma Higher Learning Access Program will be fully funded and all eligible and qualifying students receive scholarships, the following procedures shall be observed:&nbsp;</span></p> <p><span class="cls0">1. Not later than November 1, 2007, and November 1 of each subsequent year, the Oklahoma State Regents for Higher Education shall estimate the amount of revenue they deem necessary to fund awards allowed pursuant to the Oklahoma Higher Learning Access Act, for the fiscal year which begins the following July 1 and provide such estimate to the State Board of Equalization;&nbsp;</span></p> <p><span class="cls0">2. At its meeting in December 2007, and December of each subsequent year, held pursuant to the provisions of paragraph 1 of Section 23 of Article X of the Oklahoma Constitution, the State Board of Equalization shall determine the total amount of revenue necessary to fund awards allowed pursuant to the Oklahoma Higher Learning Access Act for the fiscal year which begins the following July 1 and subtract such amount from the amount it certifies as available for appropriation from the General Revenue Fund by the Legislature for such fiscal year; and&nbsp;</span></p> <p><span class="cls0">3. Notwithstanding any other provisions of law directing the apportionment of revenues, beginning with the fiscal year ending June 30, 2009, and for each subsequent fiscal year, the Director of the Office of Management and Enterprise Services shall transfer on a periodic basis as needed the amount of revenue subtracted pursuant to the provisions of paragraph 2 of this section to be deposited to the Oklahoma Higher Learning Access Trust Fund, in lieu of being deposited to the General Revenue Fund.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2007, c. 355, &sect; 4, emerg. eff. June 4, 2007. Renumbered from &sect; 10.4 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009. Amended by Laws 2012, c. 304, &sect; 404.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-34.88. Education Reform Revolving Fund - Separate accounting for revenues - Use of funds - Tracking apportionment of revenue.&nbsp;</span></p> <p><span class="cls0">A. The Office of Accountability shall separately account for and report monthly revenues which it determines accrued to the Education Reform Revolving Fund which were attributable to the tax increases contained in Enrolled House Bill No. 1017 of the 1st Extraordinary Session of the 42nd Oklahoma Legislature.&nbsp;</span></p> <p><span class="cls0">B. Funds separately accounted for herein shall be used only to fund the reforms provided for in Enrolled House Bill No. 1017 of the 1st Extraordinary Session of the 42nd Oklahoma Legislature and for no other purpose. Any appropriation or expenditure of any of such funds for any other purpose shall be null and void and of no effect.&nbsp;</span></p> <p><span class="cls0">C. The Office of Accountability shall track apportionment of revenues which are deposited to the credit of the Education Reform Revolving Fund of the State Treasury which are attributable to the changes contained in Enrolled House Bill No. 1017 of the 1st Extraordinary Session of the 42nd Oklahoma Legislature on a fiscal year basis and shall provide an accounting to the Governor, Speaker of the House of Representatives and President Pro Tempore of the Senate, within thirty (30) days after the end of the fiscal year.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1989, 1st Ex. Sess., c. 2, &sect; 98, emerg. eff. April 25, 1990. Amended by Laws 1990, c. 126, &sect; 8, emerg. eff. April 25, 1990; Laws 1990, c. 263, &sect; 72, operative July 1, 1990; Laws 1995, c. 111, &sect; 1, eff. July 1, 1995; Laws 1996, c. 269, &sect; 1, eff. June 1, 1996. Renumbered from &sect; 41.29a of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;62-34.89. Education Reform Revolving Fund.&nbsp;</span></p> <p><span class="cls0">There is hereby created in the State Treasury a revolving fund for the State Department of Education to be designated the "Education Reform Revolving Fund". The said Education Reform Revolving Fund shall consist of any monies as apportioned by Sections 1353, 1403 and 2352 of Title 68 of the Oklahoma Statutes, such revenue as is apportioned pursuant to the provisions of Section 312.1 of Title 36 of the Oklahoma Statutes and any other funds designated by law for deposit thereto. The Education Reform Revolving Fund herein created may be expended for the purposes stated in Enrolled House Bill No. 1017 of the 1st Extraordinary Session of the 42nd Oklahoma Legislature, and in the same manner as appropriated funds.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1996, c. 269, &sect; 2, eff. June 1, 1996. Amended by Laws 2003, c. 315, &sect; 2, eff. July 1, 2003; Laws 2004, c. 322, &sect; 16, eff. Dec. 1, 2004 (State Question No. 713, Legislative Referendum No. 336, adopted at election held Nov. 2, 2004). Renumbered from &sect; 41.29b of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009.&nbsp;</span></p> <p><span class="cls0">NOTE: Laws 2004, c. 8, &sect; 22 repealed by Laws 2005, c. 1, &sect; 91, emerg. eff. March 15, 2005.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;62-34.90. Common Education Technology Revolving Fund.&nbsp;</span></p> <p><span class="cls0">There is hereby created in the State Treasury a revolving fund for the State Department of Education to be designated the "Common Education Technology Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of monies received pursuant to the provisions of subparagraph a of paragraph 2 and subparagraph a of paragraph 3 of Section 1004 of Title 68 of the Oklahoma Statutes and any funds previously deposited in the Common Education Technology Fund. All monies accruing to the credit of the fund are hereby appropriated and may be budgeted and expended by the State Department of Education as authorized by the Oklahoma Legislature. Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1999, 1st Ex. Sess., c. 1, &sect; 4, emerg. eff. Feb. 5, 1999. Amended by Laws 2000, c. 419, &sect; 1, emerg. eff. June 9, 2000. Renumbered from &sect; 41.29c of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009. Amended by Laws 2012, c. 304, &sect; 405.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-34.91. Higher Education Capital Revolving Fund.&nbsp;</span></p> <p><span class="cls0">There is hereby created in the State Treasury a revolving fund for the Oklahoma State Regents for Higher Education to be designated the "Higher Education Capital Revolving Fund". The fund shall be a continuing fund not subject to fiscal year limitations, and shall consist of monies received pursuant to the provisions of subparagraph b of paragraph 2 and subparagraph b of paragraph 3 of Section 1004 of Title 68 of the Oklahoma Statutes and any funds previously deposited in the Higher Education Capital Fund. All monies accruing to the credit of the fund are hereby appropriated and may be budgeted and expended by the Oklahoma State Regents for Higher Education as authorized by the Oklahoma Legislature. Expenditures from said fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1999, 1st Ex. Sess., c. 1, &sect; 5, emerg. eff. Feb. 5, 1999. Amended by Laws 2000, c. 419, &sect; 2, emerg. eff. June 9, 2000. Renumbered from &sect; 41.29d of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009. Amended by Laws 2012, c. 304, &sect; 406.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-34.92. Oklahoma Student Aid Revolving Fund.&nbsp;</span></p> <p><span class="cls0">A. There is hereby created in the State Treasury a revolving fund for the Oklahoma State Regents for Higher Education to be designated the "Oklahoma Student Aid Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of monies received pursuant to the provisions of subparagraph c of paragraph 2 and subparagraph c of paragraph 3 of subsection A of Section 1004 of Title 68 of the Oklahoma Statutes and any funds previously deposited in the Oklahoma Tuition Scholarship Fund. All monies accruing to the credit of the fund are hereby appropriated and may be budgeted and expended by the Oklahoma State Regents for Higher Education as authorized by the Oklahoma Legislature. Expenditures from said fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment.&nbsp;</span></p> <p><span class="cls0">B. Beginning with fiscal year 2003, monies accruing to the credit of the Oklahoma Student Aid Revolving Fund shall be appropriated for and budgeted and expended for providing student aid in the form of state tuition aid grants awarded pursuant to the Higher Education Tuition Aid Act and scholarships awarded pursuant to the Oklahoma State Regents' Academic Scholars Program.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1999, 1st Ex. Sess., c. 1, &sect; 6, emerg. eff. Feb. 5, 1999. Amended by Laws 2000, c. 419, &sect; 3, emerg. eff. June 9, 2000; Laws 2002, c. 99, &sect; 1, eff. July 1, 2002; Laws 2007, c. 355, &sect; 5, emerg. eff. June 4, 2007; Laws 2009, c. 441, &sect; 62, eff. July 1, 2009. Renumbered from &sect; 41.29e of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009. Amended by Laws 2012, c. 304, &sect; 407.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-34.93. Teachers&rsquo; Retirement System Dedicated Revenue Revolving Fund &ndash; Separate accounting of revenues &ndash; Permitted expenditures.&nbsp;</span></p> <p><span class="cls0">A. The Office of Management and Enterprise Services shall separately account for revenues which are deposited to the credit of the Teachers' Retirement System Dedicated Revenue Revolving Fund of the State Treasury pursuant to the provisions of Sections 1353, 1403 and 2352 of Title 68 of the Oklahoma Statutes on a fiscal year basis and shall provide an accounting to the Governor, President Pro Tempore of the Senate, and the Speaker of the House of Representatives within thirty (30) days after the end of the fiscal year.&nbsp;</span></p> <p><span class="cls0">B. Funds separately accounted for herein shall be used only to fund the currently unfunded liability of the Teachers' Retirement System and for no other purpose. Any appropriation or expenditure of any of such funds for any other purpose shall be null and void and of no effect. Each month the State Department of Education shall transfer the monies apportioned to the Teachers' Retirement System Dedicated Revenue Revolving Fund to the Teachers' Retirement System of Oklahoma to be used by the System for the purposes prescribed by this section.&nbsp;</span></p> <p><span class="cls0">C. There is hereby created in the State Treasury a revolving fund for the benefit of the Oklahoma Teachers' Retirement System to be designated the "Teachers' Retirement System Dedicated Revenue Revolving Fund" which fund shall be administered by the State Department of Education. The fund shall consist of any monies as apportioned to the fund by Sections 1353, 1403 and 2352 of Title 68 of the Oklahoma Statutes. The fund herein created may be expended for the purpose set forth in subsection B of this section and in the same manner as appropriated funds.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1999, c. 254, &sect; 7, eff. June 30, 1999. Renumbered from &sect; 41.29f of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009. Amended by Laws 2011, c. 62, &sect; 2; Laws 2012, c. 304, &sect; 408.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Editorially renumbered from &sect; 41.29c of this title to avoid a duplication in numbering.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-34.94. Separate accounting of revenues attributable to fees collected by Oklahoma Board of Private Vocational Schools.&nbsp;</span></p> <p><span class="cls0">The Office of Management and Enterprise Services shall separately account for and report monthly revenues which it determines are attributable to fees collected by the Oklahoma Board of Private Vocational Schools pursuant to Section 21-106 of Title 70 of the Oklahoma Statutes. The Office of Management and Enterprise Services shall track the fee revenue deposited by the Board on a fiscal year basis and shall provide an accounting to the Governor, the Speaker of the House of Representatives and the President Pro Tempore of the Senate within thirty (30) days after the end of the fiscal year.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2002, c. 301, &sect; 6, eff. July 1, 2002. Renumbered from &sect; 41.29g of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009. Amended by Laws 2012, c. 304, &sect; 409.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-34.95. Utilization of information collected by Office of Management and Enterprise Services &ndash; Evaluation reports by House appropriations and budget and Senate appropriations committees.&nbsp;</span></p> <p><span class="cls0">A. The Appropriations and Budget Committee of the Oklahoma House of Representatives and the Appropriations Committee of the State Senate shall:&nbsp;</span></p> <p><span class="cls0">1. Utilize information collected by the Office of Management and Enterprise Services pursuant to Section 34.36 of this title and any reports issued by the Legislative Oversight Committee on State Budget Performance to evaluate management programs, operations and fiscal needs of state agencies, boards, commissions, departments, divisions, offices, bureaus, institutions and other spending agencies, including those created or established pursuant to constitutional provisions; and&nbsp;</span></p> <p><span class="cls0">2. File an evaluation report no later than March 1 of each fiscal year with the Chief Clerk of the Oklahoma House of Representatives and the Clerk of the State Senate which shall include, but not be limited to, the following information:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;a review of the agency's programs, performance and management,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;whether the agency has demonstrated a public need for the services and programs justifying the agency's continued existence, and&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;whether the agency is the most appropriate provider of the programs and services furnished by the agency.&nbsp;</span></p> <p><span class="cls0">B. The Appropriations and Budget Committee of the Oklahoma House of Representatives and the Appropriations Committee of the State Senate shall utilize information contained in the evaluation report in determining final appropriations for state agencies and in any future adjustments in funding levels.&nbsp;</span></p> <p><span class="cls0">C. No action shall be taken on a measure making an appropriation unless the evaluation report described by paragraph 2 of subsection A of this section with respect to the entity to which the appropriation is made has first been filed with the applicable clerk.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2003, c. 301, &sect; 2, eff. July 1, 2003. Renumbered from &sect; 41.29-1 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009. Amended by Laws 2012, c. 304, &sect; 410.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-34.96. Legislative Oversight Committee on State Budget Performance.&nbsp;</span></p> <p><span class="cls0">A. There is hereby established the Legislative Oversight Committee on State Budget Performance. The purposes of this committee shall include oversight of the implementation of a system of program performance-based budgeting for implementation by state agencies.&nbsp;</span></p> <p><span class="cls0">B. The Committee's duties shall also include:&nbsp;</span></p> <p><span class="cls0">1. Development of agency budget request forms and instructions in conjunction with the Office of Management and Enterprise Services;&nbsp;</span></p> <p><span class="cls0">2. Directing studies to aid in the development of legislative and procedural changes to further improve the budgetary, financial, accounting, reporting, personnel, and purchasing processes and systems of the state;&nbsp;</span></p> <p><span class="cls0">3. Direction of program evaluation and management studies;&nbsp;</span></p> <p><span class="cls0">4. Oversight and reporting on executive branch compliance with the legislative intent of appropriation measures. Such oversight and reporting duties may include:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;agency reorganization actions,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;executive orders calling for reduction of full-time-equivalents or hiring freezes, and&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;transfer of funds by the executive branch;&nbsp;</span></p> <p><span class="cls0">5. The development of revenue and expenditure estimates and analyses;&nbsp;</span></p> <p><span class="cls0">6. Study of the management, operations, programs and fiscal needs of the agencies and institutions of Oklahoma state government pursuant to the Oklahoma Program Performance Budgeting and Accountability Act;&nbsp;</span></p> <p><span class="cls0">7. Review of the executive budget, agency strategic plans and the estimate of needs of each state agency and institution. Reports may be issued by the Committee as it deems appropriate; and&nbsp;</span></p> <p><span class="cls0">8. Implementation of an ongoing evaluation review procedure of existing programs based on zero-base budgeting techniques pursuant to the Oklahoma Program Performance Budgeting and Accountability Act. The committee in cooperation with the Office of Management and Enterprise Services shall establish a schedule to review strategic plans and existing programs for each agency a minimum of once every four (4) years. The committee shall issue an evaluation report for each agency once every four (4) years which will include but not be limited to the following information:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;a review of the agency's programs, performance and management,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;whether the agency has demonstrated that there is a need for the services and programs which justifies the agency's continued existence,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;whether the agency is the most appropriate provider of the programs and services furnished by the agency.&nbsp;</span></p> <p><span class="cls0">C. Any reference in the Oklahoma Statutes to the Joint Legislative Committee on Budget and Program Oversight shall be a reference to the Legislative Oversight Committee on State Budget Performance.&nbsp;</span></p> <p><span class="cls0">D. The Committee shall be composed of three members appointed by the President Pro Tempore of the Senate, three members appointed by the Speaker of the House of Representatives, two members by the minority leader of the Senate and two members appointed by the minority leader of the House of Representatives. The Chair and Vice Chair of the Committee shall rotate every two (2) years between the Senate and the House of Representatives beginning with a Senate member serving as Chair in 2003. The Committee shall meet at least four (4) times per year and at other times as called by the Chair. The Legislative Oversight Committee on State Budget Performance shall function as a committee of the Legislature when the Legislature is in session and is not in session. Each member of the Committee shall serve until a successor is appointed.&nbsp;</span></p> <p><span class="cls0">E. The Committee shall be staffed jointly by the staff of the fiscal divisions of the Senate and the House of Representatives.&nbsp;</span></p> <p><span class="cls0">F. The Committee may make use of all available teleconferencing technology to facilitate meetings of the Committee when the Legislature is not in session. The Committee shall take any appropriate action to make such teleconferenced meetings comply with the provisions of the Oklahoma Open Meeting Act, Section 301 et seq. of Title 25 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">G. The Committee shall periodically meet in different geographical regions of the state to enhance the Committee's understanding of local conditions and to help educate the public as to the fiscal condition of the state.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1994, c. 279, &sect; 4, emerg. eff. May 26, 1994. Amended by Laws 1995, c. 292, &sect; 4, eff. July 1, 1995; Laws 1999, c. 358, &sect; 10, eff. July 1, 1999; Laws 2003, c. 301, &sect; 3, eff. July 1, 2003. Renumbered from &sect; 41.47 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009. Amended by Laws 2012, c. 304, &sect; 411.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-34.100. Disclosure of disbursement of federal stimulus funds.&nbsp;</span></p> <p><span class="cls0">The Office of Management and Enterprise Services shall maintain a website providing public access to the documentation of the disbursement by state agencies of federal funds received pursuant to the federal American Recovery and Reinvestment Act of 2009. The website shall provide a list of all stimulus fund expenditures regardless of amount. The entire list of stimulus fund expenditures shall be available for export in standardized formats including but not limited to eXtensible Markup Language (XML) and Comma Separated Value (CSV) formats. The list of expenditures shall include searchable functionality including but not limited to the ability to search the expenditures by the name of the entity receiving funding, name of entity processing funding and name of entity benefiting from funding. This site shall include the name and principal location of the entity and/or recipients of the funds regardless of amount, the amount of funds expended, the funding or expending agency, and a descriptive purpose of the funding action or expenditure. The State Auditor and Inspector shall not be responsible for maintaining the website described in this section.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2011, c. 347, &sect; 3. Amended by Laws 2012, c. 304, &sect; 412.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-34.200. Debt limit.&nbsp;</span></p> <p><span class="cls0">A. The State of Oklahoma shall not become indebted in an amount that causes total annual debt service payments from the General Revenue Fund to exceed five percent (5%) of the average of the general fund revenue, as certified by the State Board of Equalization in December of each calendar year, for the preceding five (5) fiscal years. The Legislature, upon an affirmative vote of two-thirds of the members of both houses, may declare an emergency and permit the total annual debt service payments of the state to exceed the amount provided in this section.&nbsp;</span></p> <p><span class="cls0">B. The state shall not be in violation of the provisions of this section if a decline in the average of the general fund revenue, as certified by the State Board of Equalization in December of each calendar year, for the preceding five (5) fiscal years, results in annual debt service payments exceeding the limit provided in subsection A of this section; provided that, the state shall not incur any additional debt service payments so long as the amount of debt service payments, as defined in this section, continue to exceed five percent (5%) of the average of the general fund revenue, as certified by the State Board of Equalization in December of each calendar year, for the preceding five (5) fiscal years.&nbsp;</span></p> <p><span class="cls0">C. For purposes of calculating the total amount of indebtedness as provided in subsection A of this section, annual debt service payments shall not include any indebtedness incurred through the master lease program as provided in Sections 3206.6 and 3206.6a of Title 70 of the Oklahoma Statutes, pursuant to a declaration of an emergency as provided in subsection A of this section or any general obligation bonds issued pursuant to Section 39A of Article X of the Oklahoma Constitution.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2013, c. 399, &sect; 1, eff. Nov. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-35.1. Information Technology Consolidation and Coordination Act.&nbsp;</span></p> <p><span class="cls0">Sections 2 through 9 of this act shall be known and may be cited as the &ldquo;Information Technology Consolidation and Coordination Act&rdquo;.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2011, c. 296, &sect; 1.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-35.2. Legislative intent.&nbsp;</span></p> <p><span class="cls0">It is the intent of the Legislature, through enactment of the Information Technology Consolidation and Coordination Act, to:&nbsp;</span></p> <p><span class="cls0">1. Reform and consolidate the information technology structure, operations and purchasing procedures of the state to ensure that state government promotes and encourages private sector growth in a competitive global economy;&nbsp;</span></p> <p><span class="cls0">2. Move state government forward with respect to electronic purchasing, billing and payment services, and other transactions, to ensure that the state delivers essential public services to its citizens in the most efficient manner at the lowest possible cost to taxpayers;&nbsp;</span></p> <p><span class="cls0">3. Streamline and consolidate systems for financial and administrative services, with particular emphasis on combining the seventy-six financial systems, twenty-two unique employee time and record-keeping systems, seventeen types of document imaging systems, thirty data center locations and one hundred twenty-nine electronic mail and smart phone services used by the state; and&nbsp;</span></p> <p><span class="cls0">4. Coordinate and require central approval of state agency information technology purchases and projects to enable the Chief Information Officer to assess the needs and capabilities of state agencies.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2011, c. 296, &sect; 2.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-35.3. Definitions.&nbsp;</span></p> <p><span class="cls0">As used in the Information Technology Consolidation and Coordination Act:&nbsp;</span></p> <p><span class="cls0">1. "Appropriated state agency" means any state agency that receives funding through the annual legislative appropriations process;&nbsp;</span></p> <p><span class="cls0">2. "Information technology assets" means any equipment or interconnected system or subsystem of equipment that is used in the acquisition, storage, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information. The term shall include computers, ancillary equipment, software, firmware and similar procedures, services, including support services and consulting services, software development, and related resources, and shall further include telecommunications fiber networks used for conveying electronic communication or information systems to multiple physical locations;&nbsp;</span></p> <p><span class="cls0">3. "Information technology position" means a classified or unclassified position in the following functional areas:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;applications programming,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;EDP audit,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;data examination,&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;computer applications,&nbsp;</span></p> <p class="cls2"><span class="cls0">e.&nbsp;&nbsp;computer data entry,&nbsp;</span></p> <p class="cls2"><span class="cls0">f.&nbsp;&nbsp;computer networking,&nbsp;</span></p> <p class="cls2"><span class="cls0">g.&nbsp;&nbsp;computer operations,&nbsp;</span></p> <p class="cls2"><span class="cls0">h.&nbsp;&nbsp;computer programming,&nbsp;</span></p> <p class="cls2"><span class="cls0">i.&nbsp;&nbsp;computer security,&nbsp;</span></p> <p class="cls2"><span class="cls0">j.&nbsp;&nbsp;computer software design,&nbsp;</span></p> <p class="cls2"><span class="cls0">k.&nbsp;&nbsp;web applications,&nbsp;</span></p> <p class="cls2"><span class="cls0">l.&nbsp;&nbsp;database analysis,&nbsp;</span></p> <p class="cls2"><span class="cls0">m.&nbsp;&nbsp;data management analysis,&nbsp;</span></p> <p class="cls2"><span class="cls0">n.&nbsp;&nbsp;database development,&nbsp;</span></p> <p class="cls2"><span class="cls0">o.&nbsp;&nbsp;database programming,&nbsp;</span></p> <p class="cls2"><span class="cls0">p.&nbsp;&nbsp;software design/development,&nbsp;</span></p> <p class="cls2"><span class="cls0">q.&nbsp;&nbsp;help desk,&nbsp;</span></p> <p class="cls2"><span class="cls0">r.&nbsp;&nbsp;imaging,&nbsp;</span></p> <p class="cls2"><span class="cls0">s.&nbsp;&nbsp;systems analysis,&nbsp;</span></p> <p class="cls2"><span class="cls0">t.&nbsp;&nbsp;systems application planning,&nbsp;</span></p> <p class="cls2"><span class="cls0">u.&nbsp;&nbsp;systems application,&nbsp;</span></p> <p class="cls2"><span class="cls0">v.&nbsp;&nbsp;systems administration,&nbsp;</span></p> <p class="cls2"><span class="cls0">w.&nbsp;&nbsp;systems coordination,&nbsp;</span></p> <p class="cls2"><span class="cls0">x.&nbsp;&nbsp;systems integration,&nbsp;</span></p> <p class="cls2"><span class="cls0">y.&nbsp;&nbsp;systems operation,&nbsp;</span></p> <p class="cls2"><span class="cls0">z.&nbsp;&nbsp;systems planning/development,&nbsp;</span></p> <p class="cls2"><span class="cls0">aa.&nbsp;&nbsp;systems programming,&nbsp;</span></p> <p class="cls2"><span class="cls0">bb.&nbsp;&nbsp;systems engineering,&nbsp;</span></p> <p class="cls2"><span class="cls0">cc.&nbsp;&nbsp;systems service specialist,&nbsp;</span></p> <p class="cls2"><span class="cls0">dd.&nbsp;&nbsp;systems support,&nbsp;</span></p> <p class="cls2"><span class="cls0">ee.&nbsp;&nbsp;network administration,&nbsp;</span></p> <p class="cls2"><span class="cls0">ff.&nbsp;&nbsp;network management,&nbsp;</span></p> <p class="cls2"><span class="cls0">gg.&nbsp;&nbsp;network technical,&nbsp;</span></p> <p class="cls2"><span class="cls0">hh.&nbsp;&nbsp;operating systems specialist,&nbsp;</span></p> <p class="cls2"><span class="cls0">ii.&nbsp;&nbsp;systems program manager,&nbsp;</span></p> <p class="cls2"><span class="cls0">jj.&nbsp;&nbsp;telecommunications, whether data or voice,&nbsp;</span></p> <p class="cls2"><span class="cls0">kk.&nbsp;&nbsp;software training, and&nbsp;</span></p> <p class="cls2"><span class="cls0">ll.&nbsp;&nbsp;technology development or support;&nbsp;</span></p> <p><span class="cls0">4. "Nonappropriated state agency" means any state agency that does not receive funding through the annual legislative appropriations process;&nbsp;</span></p> <p><span class="cls0">5. "Shared services" means those state agency functions which are or could be provided through:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;the services and systems specified in subsection A of Section 35.6 of this title, and&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;the programs, services, software or processes specified in subsection B of Section 35.6 of this title; and&nbsp;</span></p> <p><span class="cls0">6. "State agency" means any office, elected or appointed officer, bureau, board, commission, counsel, unit, division, body, authority or institution of the executive branch of state government, excluding institutions within The Oklahoma State System of Higher Education, the Oklahoma State Regents for Higher Education and the telecommunications network known as OneNet.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2011, c. 296, &sect; 3. Amended by Laws 2012, c. 304, &sect; 413; Laws 2013, c. 358, &sect; 20, eff. July 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-35.4. Information technology assets - Approval of Chief Information Officer.&nbsp;</span></p> <p><span class="cls0">No state agency shall expend or encumber any funds for the purchase, lease, lease-purchase, lease with option to purchase, rental or other procurement of any information technology assets without the prior written approval of the Chief Information Officer.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2011, c. 296, &sect; 4. Amended by Laws 2013, c. 358, &sect; 21, eff. July 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-35.5. Integral information technology assets - Information technology positions - Assessment.&nbsp;</span></p> <p><span class="cls0">A. 1. All state agencies shall provide to the Chief Information Officer a list of information technology assets of the agency which are integral to agency-specific applications or functions and a list of information technology positions which are directly associated with the assets. The agency shall further provide the reference to federal or state statutory or constitutional provisions which require it to perform the applications or functions.&nbsp;</span></p> <p><span class="cls0">2. If the Chief Information Officer disputes the identification of assets or positions provided by a state agency as being integral to agency-specific applications or functions, the Director of the Office of Management and Enterprise Services shall make the final determination.&nbsp;</span></p> <p><span class="cls0">B. Not later than December 1 of each year, the Chief Information Officer shall modify the assessment required by subsection D of Section 34.11.1 of this title to include identification of:&nbsp;</span></p> <p><span class="cls0">1. All information technology assets of all state agencies, which are not integral to agency-specific applications or functions, and the transfer of which to the Information Services Division of the Office of Management and Enterprise Services and the Chief Information Officer would result in a cost savings to the taxpayers of this state or improved efficiency of state government operations, including all furniture, equipment, vehicles, supplies, records, current and future liabilities, fund balances, encumbrances, obligations, and indebtedness associated with the information technology assets; &nbsp;</span></p> <p><span class="cls0">2. All information technology positions associated with the information technology assets identified pursuant to paragraph 1 of this subsection. The assessment shall identify the amount of compensation and related liabilities for accrued sick leave, annual leave, holidays, unemployment benefits, and workers' compensation benefits for the positions;&nbsp;</span></p> <p><span class="cls0">3. The amount of savings to the taxpayers of this state resulting from the provisions of the Information Technology Consolidation and Coordination Act; and&nbsp;</span></p> <p><span class="cls0">4. Any changes in law required or any changes to the amount of state appropriations or other state funds associated with the transfer of the information technology assets or positions.&nbsp;</span></p> <p><span class="cls0">C. The information technology assets and positions of each appropriated state agency identified pursuant to this section shall be transferred as part of the consolidation of information technology operations of the state agency to the Information Services Division of the Office of Management and Enterprise Services when determined by the Information Services Division. The costs of operation, maintenance, licensing and service of the information technology assets shall remain the responsibility of the state agency from which the assets are transferred until the state agency information technology operations are consolidated in the Information Services Division, unless otherwise agreed to by the state agency and the Information Services Division. Appropriate conveyances and other documents shall be executed to effectuate the transfer of the information technology assets and positions to the Information Services Division of the Office of Management and Enterprise Services.&nbsp;</span></p> <p><span class="cls0">D. The Chief Information Officer shall recommend changes to the Director of the Office of Management and Enterprise Services and the Governor for inclusion in the next executive budget to be submitted to the Legislature.&nbsp;</span></p> <p><span class="cls0">E. The Information Services Division shall provide shared services to each state agency and shall bill agencies for those shared services at an estimated cost to provide the services. The estimated cost shall include the full cost of the services, including materials, depreciation related to capital costs, labor, and administrative expenses of the Information Services Division of the Office of Management and Enterprise Services in connection with the operation of the data center and Information Services Division operations and shall include expenses associated with acquiring, installing, and operating information technology and telecommunications infrastructure, hardware and software for use by state agencies. The Information Services Division shall publish a schedule of costs for each available shared service and shall enter into an agreement with each state agency for the shared services that will be provided to the agency. The aggregated cost of shared services to be provided to each state agency shall be budgeted annually as a separate line item through each state agency. State agencies shall process request for payments as provided for under the agreement entered into with the Information Services Division in a timely manner. If payments are deemed to be delinquent for shared services provided to a state agency, the Information Services Division may request the Division of Central Accounting and Reporting of the Office of Management and Enterprise Services to create vouchers and process payments to the Information Services Division against the funds of the delinquent state agency. If the state agency for which shared services were provided disputes the provision of shared services in accordance with its agreement with the Information Services Division, no voucher shall be processed against the funds of the delinquent agency until the dispute over services has been resolved, at which point a voucher may be processed in accordance with the terms of the dispute resolution.&nbsp;</span></p> <p><span class="cls0">F. The Information Services Division of the Office of Management and Enterprise Services shall succeed to any contractual rights, easement rights, lease rights, and other similar rights and responsibilities related to the information technology assets that are transferred as provided for in this section and incurred by an appropriated state agency.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2011, c. 296, &sect; 5. Amended by Laws 2012, c. 304, &sect; 414; Laws 2013, c. 15, &sect; 62, emerg. eff. April 8, 2013; Laws 2013, c. 358, &sect; 22, eff. July 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 2012, c. 292, &sect; 4 repealed by Laws 2013, c. 15, &sect; 63, emerg. eff. April 8, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-35.6. Required information technology services and programs.&nbsp;</span></p> <p><span class="cls0">A. All appropriated and nonappropriated state agencies shall be required to use the following information technology services and systems operated and maintained by the Office of Management and Enterprise Services for all agency functions:&nbsp;</span></p> <p><span class="cls0">1. Data Service Center of the Information Services Division;&nbsp;</span></p> <p><span class="cls0">2. Networking services;&nbsp;</span></p> <p><span class="cls0">3. Communication or intercommunication systems;&nbsp;</span></p> <p><span class="cls0">4. Electronic mail systems; and&nbsp;</span></p> <p><span class="cls0">5. Data and network security systems.&nbsp;</span></p> <p><span class="cls0">B. All appropriated and nonappropriated state agencies shall be required to exclusively use the following programs, services, software and processes provided through the Integrated Central Financial System known as CORE and as implemented by the Office of Management and Enterprise Services and shall not utilize any programs, services, software or processes that are duplicative of the following:&nbsp;</span></p> <p><span class="cls0">1. Payroll;&nbsp;</span></p> <p><span class="cls0">2. Employee leave system;&nbsp;</span></p> <p><span class="cls0">3. Human resources;&nbsp;</span></p> <p><span class="cls0">4. Accounts receivable;&nbsp;</span></p> <p><span class="cls0">5. Accounts payable;&nbsp;</span></p> <p><span class="cls0">6. Purchasing system;&nbsp;</span></p> <p><span class="cls0">7. Budgeting system;&nbsp;</span></p> <p><span class="cls0">8. Enterprise Learning Management (ELM);&nbsp;</span></p> <p><span class="cls0">9. Budget request system;&nbsp;</span></p> <p><span class="cls0">10. Asset management; and&nbsp;</span></p> <p><span class="cls0">11. Projects, grants and contracts, which includes federal billing.&nbsp;</span></p> <p><span class="cls0">C. The Chief Information Officer shall have the authority to enforce the provisions of this section.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2011, c. 296, &sect; 6. Amended by Laws 2012, c. 304, &sect; 415; Laws 2013, c. 358, &sect; 23, eff. July 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-35.7. Exemptions and extensions.&nbsp;</span></p> <p><span class="cls0">A. A state agency may apply to the Chief Information Officer for an exemption from any provisions of the Information Technology Consolidation and Coordination Act or for an extension of any deadline specified in the Act, if it determines that compliance with the provisions of the Act would:&nbsp;</span></p> <p><span class="cls0">1. Cause it to be in violation of federal law or regulations or in violation of any provision of the Oklahoma Constitution or statutes;&nbsp;</span></p> <p><span class="cls0">2. Result in a loss of federal funds to the state; or&nbsp;</span></p> <p><span class="cls0">3. Create an impediment to the performance of a unique agency function that is not duplicated by another state agency and is required by the Oklahoma Statutes or Constitution or by federal law.&nbsp;</span></p> <p><span class="cls0">B. Any state agency applying for an exemption or extension pursuant to this section shall provide written documentation of the circumstances to the Chief Information Officer. After reviewing the documentation, the Chief Information Officer shall grant or deny the application. If the state agency disputes the decision of the Chief Information Officer, the Director of the Office of Management and Enterprise Services shall make the final determination as to whether the exemption or extension will be granted.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2011, c. 296, &sect; 7. Amended by Laws 2012, c. 304, &sect; 416.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-35.8. Security standards.&nbsp;</span></p> <p><span class="cls0">A. Notwithstanding any other provision of law, the provisions of the Information Technology Consolidation and Coordination Act shall operate to maintain or increase security standards and shall not jeopardize confidentiality or compliance with state or federal laws or regulations. The State Governmental Technology Applications Review Board shall consider and approve security protocols which shall be followed by employees of the Information Services Division of the Office of Management and Enterprise Services who are assigned to service law enforcement agencies. The Board shall make recommendations to state officers and employees related to continuity of criminal justice information system security protocols.&nbsp;</span></p> <p><span class="cls0">B. Notwithstanding the provisions of Section 35.5 of this title, the transfer of information technology assets and positions of the Department of Public Safety shall occur prior to the transfer of assets and positions of other public safety agencies.&nbsp;</span></p> <p><span class="cls0">C. Unless otherwise provided for in law, the transfer of information technology assets and positions of any state agency pursuant to the Information Technology Consolidation and Coordination Act shall not act to transfer to the Information Services Division of the Office of Management and Enterprise Services or to the Chief Information Officer the duties of a state agency to keep, maintain and open to any person all records of the agency in compliance with the Oklahoma Open Records Act. Each state agency shall continue to be responsible for records created by, received by, under the authority of, or coming into the custody, control or possession of the agency including the duty to organize and categorize the records in a retrievable form and the duty to respond to requests for records, even if the records have been transmitted to or stored by the Information Services Division of the Office of Management and Enterprise Services or the Chief Information Officer.&nbsp;</span></p> <p><span class="cls0">D. State employees who are members of the Teachers' Retirement System of Oklahoma and are transferred pursuant to the Information Technology Consolidation and Coordination Act may elect to continue their participation in the Teachers' Retirement System of Oklahoma in lieu of participating in the Oklahoma Public Employees Retirement System. Any transferred employee who wishes to make such election shall do so in writing within thirty (30) days of the effective date of this act. If any transferred employee has already started participating in the Oklahoma Public Employees Retirement System, the employee may make an election to return to the Teachers' Retirement System of Oklahoma if the election is made in writing within thirty (30) days of the effective date of this act. In the event a transferred employee who has already begun participating in the Oklahoma Public Employees Retirement System elects to return to the Teachers' Retirement System of Oklahoma, the Oklahoma Public Employees Retirement System shall transfer the service credit and contributions to the Teachers' Retirement System of Oklahoma for any credit that accrued after the initial transfer. The election to continue or return to participation in the Teachers' Retirement System of Oklahoma pursuant to this subsection shall be irrevocable and shall be effective until the employment with the Office of Management and Enterprise Services is terminated.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2011, c. 296, &sect; 8. Amended by Laws 2012, c. 292, &sect; 5; Laws 2013, c. 15, &sect; 64, emerg. eff. April 8, 2013; Laws 2013, c. 227, &sect; 14, eff. Nov. 1, 2013; Laws 2013, c. 358, &sect; 24, eff. July 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 2012, c. 304, &sect; 417 repealed by Laws 2013, c. 15, &sect; 65, emerg. eff. April 8, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-35.9. Quarterly progress reports.&nbsp;</span></p> <p><span class="cls0">In addition to any other reporting requirements required by law, the Chief Information Officer shall submit quarterly progress reports to the Director of the Office of Management and Enterprise Services, the Speaker of the House of Representatives and the President Pro Tempore of the Senate. The reports shall be submitted not later than January 31, April 30, July 31 and October 31 of each year and shall include, but not be limited to, the following information:&nbsp;</span></p> <p><span class="cls0">1. The status of the implementation of the plan of action required in paragraph 2 of subsection D of Section 34.11.1 of this title;&nbsp;</span></p> <p><span class="cls0">2. A list of information technology assets and positions transferred to the Information Services Division of the Office of Management and Enterprise Services pursuant to the provisions of subsection C of Section 35.5 of this title;&nbsp;</span></p> <p><span class="cls0">3. After July 1, 2012, and until the information technology consolidation is completed, an annual reduction of three percent (3%) in operational information technology and telecommunications expenditures realized in the aggregate by all consolidated state agencies;&nbsp;</span></p> <p><span class="cls0">4. A list of all state agencies which are not using the shared services as required in Section 35.6 of this title;&nbsp;</span></p> <p><span class="cls0">5. A list of all exemptions or extensions granted pursuant to the provisions of Section 35.7 of this title; and&nbsp;</span></p> <p><span class="cls0">6. Any other information as deemed appropriate by the Chief Information Officer.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2011, c. 296, &sect; 9. Amended by Laws 2012, c. 304, &sect; 418; Laws 2013, c. 358, &sect; 25, eff. July 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-41.1. Repealed by Laws 2009, c. 441, &sect; 63, eff. July 1, 2009.&nbsp;</span></p> <p><span class="cls0">&sect;62-41.2. Renumbered as &sect; 34.5 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009.&nbsp;</span></p> <p class="cls1"><span class="cls0">&sect;62-41.3. Renumbered as &sect; 34.3 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009.&nbsp;</span></p> <p><span class="cls0">&sect;62-41.4. Renumbered as &sect; 34.6 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009.&nbsp;</span></p> <p><span class="cls0">&sect;62-41.4a. Renumbered as &sect; 34.71 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009.&nbsp;</span></p> <p><span class="cls0">&sect;62-41.4b. Renumbered as &sect; 34.72 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009.&nbsp;</span></p> <p><span class="cls0">&sect;62-41.4c. Renumbered as &sect; 34.73 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009.&nbsp;</span></p> <p><span class="cls0">&sect;62-41.4d. Renumbered as &sect; 34.74 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009.&nbsp;</span></p> <p><span class="cls0">&sect;62-41.5. Renumbered as &sect; 34.11 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009.&nbsp;</span></p> <p><span class="cls0">&sect;62-41.5.1. Renumbered as &sect; 34.11.1 of this title by Laws 2009, c. 451, &sect; 24, eff. July 1, 2009.&nbsp;</span></p> <p><span class="cls0">&sect;62-41.5a. Renumbered as &sect; 34.12 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009.&nbsp;</span></p> <p><span class="cls0">&sect;62-41.5a-1. Renumbered as &sect; 34.13 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009.&nbsp;</span></p> <p><span class="cls0">&sect;62-41.5a-2. Renumbered as &sect; 34.14 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009. Repealed by Laws 2009, c. 451, &sect; 25, eff. July 1, 2009.&nbsp;</span></p> <p><span class="cls0">&sect;62-41.5a-3. Renumbered as &sect; 34.15 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009.&nbsp;</span></p> <p><span class="cls0">&sect;62-41.5a-4. Policies and procedures for destruction or disposal of electronic storage media - Notification of policies and procedures - Removal of storage media - Funding.&nbsp;</span></p> <p><span class="cls0">A. The Information Services Division of the Office of Management and Enterprise Services is authorized to:&nbsp;</span></p> <p><span class="cls0">1. Develop and publish a state policy and procedures for the destruction or disposal of all electronic storage media to ensure that all confidential information stored on such electronic media devices is destroyed or disposed of in a secure and safe manner;&nbsp;</span></p> <p><span class="cls0">2. Define the requirements for the secure destruction or disposal of electronic storage media; and&nbsp;</span></p> <p><span class="cls0">3. Assist in implementing the policy and procedures for the destruction or disposal of state electronic storage media.&nbsp;</span></p> <p><span class="cls0">B. The Information Services Division of the Office of Management and Enterprise Services shall notify all agencies, boards, commissions and authorities of the policy and procedures for the secure and safe destruction or disposal of electronic storage media.&nbsp;</span></p> <p><span class="cls0">C. The Office of Management and Enterprise Services shall remove all data from electronic storage media from all surplus information technology and telecommunication equipment before it is sold, donated, stored or destroyed. A state agency may remove electronic storage media from their surplus information technology and telecommunication equipment prior to sending the surplus to the Office of Management and Enterprise Services, so long as the agency has the technical expertise for removal and that the electronic storage media is sent for destruction or disposal pursuant to this subsection.&nbsp;</span></p> <p><span class="cls0">D. The Office of Management and Enterprise Services shall use existing and future funds from the sale of state surplus equipment and appropriations, as necessary, to pay for the destruction of electronic storage media of equipment processed through the Office of Management and Enterprise Services.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2008, c. 340, &sect; 1, emerg. eff. June 2, 2008. Amended by Laws 2009, c. 451, &sect; 6, eff. April 5, 2010; Laws 2010, c. 170, &sect; 5, emerg. eff. April 26, 2010; Laws 2012, c. 304, &sect; 419.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 2009, c. 451, &sect; 26, provides: &ldquo;The provisions of Sections 3 through 15, 17 through 20, 22 and 23 of this act shall be effective and shall become operative on the effective date of the appointment of the first Chief Information Officer by the Governor as provided for in Section 2 of this act.&rdquo; The first Chief Information Officer was appointed by the Governor on April 5, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-41.5b. Repealed by Laws 1995, c. 246, &sect; 8, eff. Nov. 1, 1995.&nbsp;</span></p> <p><span class="cls0">&sect;62-41.5c. Repealed by Laws 1995, c. 246, &sect; 8, eff. Nov. 1, 1995.&nbsp;</span></p> <p><span class="cls0">&sect;62-41.5d. Repealed by Laws 1992, c. 268, &sect; 12, eff. Sept. 1, 1992.&nbsp;</span></p> <p><span class="cls0">&sect;62-41.5e. Renumbered as &sect; 34.16 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009.&nbsp;</span></p> <p><span class="cls0">&sect;62-41.5f. Renumbered as &sect; 34.17 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009.&nbsp;</span></p> <p><span class="cls0">&sect;62-41.5g. Renumbered as &sect; 34.18 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009.&nbsp;</span></p> <p><span class="cls0">&sect;62-41.5h. Renumbered as &sect; 34.19 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009.&nbsp;</span></p> <p><span class="cls0">&sect;62-41.5i. Renumbered as &sect; 34.20 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009.&nbsp;</span></p> <p><span class="cls0">&sect;62-41.5j. Renumbered as &sect; 34.21 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009.&nbsp;</span></p> <p><span class="cls0">&sect;62-41.5k. Repealed by Laws 2007, c. 93, &sect; 6, eff. Nov. 1, 2007.&nbsp;</span></p> <p><span class="cls0">&sect;62-41.5m. Renumbered as &sect; 34.23 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009.&nbsp;</span></p> <p><span class="cls0">&sect;62-41.5n. Repealed by Laws 1998, c. 45, &sect; 4, emerg. eff. April 2, 1998.&nbsp;</span></p> <p><span class="cls0">&sect;62-41.5o. Repealed by Laws 2006, c. 266, &sect; 16, eff. July 1, 2006.&nbsp;</span></p> <p><span class="cls0">&sect;62-41.5p. Renumbered as &sect; 34.24 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009.&nbsp;</span></p> <p><span class="cls0">&sect;62-41.5p-1. Renumbered as &sect; 34.24.1 of Title 62 by Laws 2011, c. 240, &sect; 4 and Laws 2011, c. 347, &sect; 8.&nbsp;</span></p> <p><span class="cls0">&sect;62-41.5q. Renumbered as &sect; 34.25 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009.&nbsp;</span></p> <p><span class="cls0">&sect;62-41.5r. Renumbered as &sect; 34.26 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009.&nbsp;</span></p> <p><span class="cls0">&sect;62-41.5s. Renumbered as &sect; 34.27 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009.&nbsp;</span></p> <p><span class="cls0">&sect;62-41.5t. Renumbered as &sect; 34.28 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009.&nbsp;</span></p> <p><span class="cls0">&sect;62-41.5t.1. Renumbered as &sect; 34.29 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009.&nbsp;</span></p> <p><span class="cls0">&sect;62-41.5t.2. Renumbered as &sect; 34.30 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009.&nbsp;</span></p> <p><span class="cls0">&sect;62-41.5u. Renumbered as &sect; 34.31 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009.&nbsp;</span></p> <p><span class="cls0">&sect;62-41.5v. Renumbered as &sect; 34.32 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009.&nbsp;</span></p> <p><span class="cls0">&sect;62-41.5w. Repealed by Laws 2007, c. 148, &sect; 4, emerg. eff. May 16, 2007.&nbsp;</span></p> <p><span class="cls0">&sect;62-41.5x. Renumbered as &sect; 34.33 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009.&nbsp;</span></p> <p><span class="cls0">&sect;62-41.6. Renumbered as &sect; 34.41 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009.&nbsp;</span></p> <p><span class="cls0">&sect;62-41.7. Repealed by Laws 1995, c. 292, &sect; 12, eff. July 1, 1995.&nbsp;</span></p> <p><span class="cls0">&sect;62-41.7a. Repealed by Laws 1986, c. 223, &sect; 59, operative July 1, 1986.&nbsp;</span></p> <p><span class="cls0">&sect;62-41.7b. Renumbered as &sect; 34.2 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009.&nbsp;</span></p> <p class="cls1"><span class="cls0">&sect;62-41.7c. Renumbered as &sect; 34.42 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009.&nbsp;</span></p> <p><span class="cls0">&sect;62-41.8. Renumbered as &sect; 34.48 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009.&nbsp;</span></p> <p><span class="cls0">&sect;62-41.9. Renumbered as &sect; 34.49 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009.&nbsp;</span></p> <p><span class="cls0">&sect;62-41.10. Renumbered as &sect; 34.51 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009.&nbsp;</span></p> <p><span class="cls0">&sect;62-41.11. Renumbered as &sect; 34.40 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009.&nbsp;</span></p> <p><span class="cls0">&sect;62-41.12. Repealed by Laws 1995, c. 292, &sect; 12, eff. July 1, 1995.&nbsp;</span></p> <p><span class="cls0">&sect;62-41.13. Renumbered as &sect; 34.50 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009.&nbsp;</span></p> <p><span class="cls0">&sect;62-41.13a. Renumbered as &sect; 34.61 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009.&nbsp;</span></p> <p><span class="cls0">&sect;62-41.13b. Repealed by Laws 1999, c. 358, &sect; 12, eff. July 1, 1999.&nbsp;</span></p> <p><span class="cls0">&sect;62-41.14. Renumbered as &sect; 34.53 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009.&nbsp;</span></p> <p><span class="cls0">&sect;62-41.15. Renumbered as &sect; 34.47 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009.&nbsp;</span></p> <p><span class="cls0">&sect;62-41.16. Renumbered as &sect; 34.62 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009.&nbsp;</span></p> <p><span class="cls0">&sect;62-41.16a. Renumbered as &sect; 34.76 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009.&nbsp;</span></p> <p><span class="cls0">&sect;62-41.17. Renumbered as &sect; 34.67 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009.&nbsp;</span></p> <p><span class="cls0">&sect;62-41.18. Renumbered as &sect; 34.63 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009.&nbsp;</span></p> <p><span class="cls0">&sect;62-41.19. Renumbered as &sect; 34.80 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009.&nbsp;</span></p> <p><span class="cls0">&sect;62-41.20. Repealed by Laws 1979, c. 30, &sect; 164, emerg. eff. April 6, 1979.&nbsp;</span></p> <p><span class="cls0">&sect;62-41.21. Renumbered as &sect; 34.64 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009.&nbsp;</span></p> <p><span class="cls0">&sect;62-41.22. Repealed by Laws 1979, c. 30, &sect; 164, emerg. eff. April 6, 1979.&nbsp;</span></p> <p><span class="cls0">&sect;62-41.23. Renumbered as &sect; 34.7 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009.&nbsp;</span></p> <p><span class="cls0">&sect;62-41.24. Renumbered as &sect; 212.4 of Title 74 by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009.&nbsp;</span></p> <p><span class="cls0">&sect;62-41.25. Repealed by Laws 1980, c. 68, &sect; 1, emerg. eff. April 10, 1980.&nbsp;</span></p> <p><span class="cls0">&sect;62-41.26. Renumbered as &sect; 34.68 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009.&nbsp;</span></p> <p><span class="cls0">&sect;62-41.27. Renumbered as &sect; 34.84 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009.&nbsp;</span></p> <p><span class="cls0">&sect;62-41.28. Renumbered as &sect; 34.85 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009.&nbsp;</span></p> <p class="cls1"><span class="cls0">&sect;62-41.29. Renumbered as &sect; 34.36 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009.&nbsp;</span></p> <p><span class="cls0">&sect;62-41.29-1. Renumbered as &sect; 34.95 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009.&nbsp;</span></p> <p><span class="cls0">&sect;62-41.29a. Renumbered as &sect; 34.88 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009.&nbsp;</span></p> <p><span class="cls0">&sect;62-41.29b. Renumbered as &sect; 34.89 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009.&nbsp;</span></p> <p><span class="cls0">&sect;62-41.29c. Renumbered as &sect; 34.90 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009.&nbsp;</span></p> <p><span class="cls0">&sect;62-41.29d. Renumbered as &sect; 34.91 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009.&nbsp;</span></p> <p><span class="cls0">&sect;62-41.29e. Renumbered as &sect; 34.92 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009.&nbsp;</span></p> <p><span class="cls0">&sect;62-41.29f. Renumbered as &sect; 34.93 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009.&nbsp;</span></p> <p><span class="cls0">&sect;62-41.29g. Renumbered as &sect; 34.94 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009.&nbsp;</span></p> <p><span class="cls0">&sect;62-41.30. Renumbered as &sect; 34.35 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009.&nbsp;</span></p> <p><span class="cls0">&sect;62-41.31. Renumbered as &sect; 34.34 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009.&nbsp;</span></p> <p><span class="cls0">&sect;62-41.32. Renumbered as &sect; 34.44 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009.&nbsp;</span></p> <p><span class="cls0">&sect;62-41.33. Renumbered as &sect; 34.38 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009.&nbsp;</span></p> <p><span class="cls0">&sect;62-41.34. Renumbered as &sect; 34.37 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009.&nbsp;</span></p> <p><span class="cls0">&sect;62-41.35. Repealed by Laws 1994, c. 279, &sect; 10, eff. July 1, 1994.&nbsp;</span></p> <p><span class="cls0">&sect;62-41.36. Repealed by Laws 1969, c. 35, &sect; 1, eff. Feb. 20, 1969.&nbsp;</span></p> <p><span class="cls0">&sect;62-41.37. Repealed by Laws 2009, c. 441, &sect; 63, eff. July 1, 2009.&nbsp;</span></p> <p><span class="cls0">&sect;62-41.38. Repealed by Laws 1980, c. 68, &sect; 1, emerg. eff. April 10, 1980.&nbsp;</span></p> <p><span class="cls0">&sect;62-41.39. Renumbered as &sect; 34.45 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009.&nbsp;</span></p> <p><span class="cls0">&sect;62-41.40. Renumbered as &sect; 34.4 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009.&nbsp;</span></p> <p><span class="cls0">&sect;62-41.41. Renumbered as &sect; 34.43 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009.&nbsp;</span></p> <p><span class="cls0">&sect;62-41.42. Renumbered as &sect; 34.8 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009.&nbsp;</span></p> <p><span class="cls0">&sect;62-41.43. Repealed by Laws 1991, c. 254, &sect; 17, eff. July 1, 1991.&nbsp;</span></p> <p><span class="cls0">&sect;62-41.44. Repealed by Laws 1999, c. 358, &sect; 11, eff. July 1, 1999.&nbsp;</span></p> <p><span class="cls0">&sect;62-41.45. Repealed by Laws 1995, c. 292, &sect; 12, eff. July 1, 1995.&nbsp;</span></p> <p><span class="cls0">&sect;62-41.46. Renumbered as &sect; 34.52 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009.&nbsp;</span></p> <p><span class="cls0">&sect;62-41.47. Renumbered as &sect; 34.96 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009.&nbsp;</span></p> <p><span class="cls0">&sect;62-41.5l. Renumbered as &sect; 34.22 of this title by Laws 2009, c. 441, &sect; 64, eff. July 1, 2009.&nbsp;</span></p> <p><span class="cls0">&sect;6242.13. Revenues not derived from legislative appropriations.&nbsp;</span></p> <p><span class="cls0">All departments, institutions, or agencies of the state which are operating either partially or entirely from revenues derived from sources other than legislative appropriations, shall file requests for allotments under the same provisions herein stated as are required for direct legislative appropriations which distinctly specify the amount appropriated. The Budget Director shall approve such requests for allotments on a line item basis, if the estimated revenues accruing to such fund are sufficient to finance such allotments within the period for which the items are approved, and if the account classification is sufficient to show the purposes for which the money is to be expended, except that obligations as they are incurred may not exceed the unencumbered balance of surplus cash on hand in accordance with Section 23, Article 10, Constitution of the State of Oklahoma. The Budget Director may require a more detailed breakdown of accounts before he approves such requests if the request fails to show sufficient information for the Division of Central Accounting and Reporting. This section shall apply to such spending agencies as the State Highway Department, Fish and Game Department, Oklahoma Employment Security Commission and other spending agencies operating under similar financial arrangements, including federal funds received by any spending agency of the state, but shall not apply to donated funds, trust funds or funds of an agency relationship.&nbsp;</span></p> <p><span class="cls0">Laws 1947 p. 374, Sec. 13.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-45.1. Short title &ndash; Duties of all state agencies.&nbsp;</span></p> <p><span class="cls0">Sections 45.1 through 45.10 of this title shall be known and may be cited as the &ldquo;Oklahoma Program Performance Budgeting and Accountability Act&rdquo;. All state agencies are to prepare and submit their budgetary systems in a program format. In addition, all state agencies are to collect and identify data to measure performance of their programs.&nbsp;</span></p> <p><span class="cls0">Implementation of this act shall be designed to better prioritize state funding needs, reduce program duplication, enhance budgeting information necessary to improve the efficiency of state operations and improve state services to the public.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1999, c. 358, &sect; 1, eff. July 1, 1999. Amended by Laws 2003, c. 301, &sect; 4, eff. July 1, 2003.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;62-45.2. Definitions.&nbsp;</span></p> <p><span class="cls0">In this act, &ldquo;state agency&rdquo; means a department, board, commission, or other entity of state government within the Executive Department of the State of Oklahoma, including institutions of higher education, that:&nbsp;</span></p> <p><span class="cls0">1. Was created by the Constitution or a state statute with an ongoing mission and responsibilities;&nbsp;</span></p> <p><span class="cls0">2. Is not the Office of the Governor or Lieutenant Governor;&nbsp;</span></p> <p><span class="cls0">3. Is not a committee created under state law whose primary function is to advise an agency; and&nbsp;</span></p> <p><span class="cls0">4. Is not CompSource Oklahoma, provided CompSource Oklahoma is operating pursuant to a pilot program authorized pursuant to Sections 1 and 2 of this act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1999, c. 358, &sect; 2, eff. July 1, 1999. Amended by Laws 2009, c. 454, &sect; 13.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;62-45.3. Agency strategic plan &ndash; Elements required &ndash; &ldquo;Capital improvement&rdquo; defined.&nbsp;</span></p> <p><span class="cls0">A. Each state agency shall make a strategic plan for its operations. The first strategic plans will be due October 1, 2001, and in each subsequent even-numbered year. Each state agency plan shall cover five (5) fiscal years beginning with the next odd-numbered fiscal year.&nbsp;</span></p> <p><span class="cls0">B. The Office of Management and Enterprise Services shall determine the elements required to be included in each agency's strategic plan. Unless modified by the Office of Management and Enterprise Services, and except as provided by subsection C of this section, a plan must include, but is not limited to, the following items:&nbsp;</span></p> <p><span class="cls0">1. A statement of the mission and goals of the state agency;&nbsp;</span></p> <p><span class="cls0">2. A description of the indicators developed under this act and used to measure the output and outcome of the agency and its programs;&nbsp;</span></p> <p><span class="cls0">3. Identification of the groups of people served by the agency, including those having service priorities, or other service measures established by law, and estimates of changes in those groups expected during the term of the plan;&nbsp;</span></p> <p><span class="cls0">4. An analysis of the use of the agency's resources to meet the agency's mission, including future needs, and an estimate of additional resources that may be necessary to achieve said mission;&nbsp;</span></p> <p><span class="cls0">5. An analysis of expected changes in the services provided by the agency because of changes in state or federal law;&nbsp;</span></p> <p><span class="cls0">6. A description of the means and strategies, including cost-containment strategies and efficiency proposals, for meeting the agency's needs, including future needs, and achieving the goals for each area of state government for which the agency provides services;&nbsp;</span></p> <p><span class="cls0">7. A summary of the capital improvement needs of the agency which were provided to the Long-Range Capital Planning Commission as required by Section 901 of this title; and&nbsp;</span></p> <p><span class="cls0">8. Other information that may be required.&nbsp;</span></p> <p><span class="cls0">C. A state agency's plan that does not include an item described by subsection B of this section must include the reason the item does not apply to the agency.&nbsp;</span></p> <p><span class="cls0">D. Each state agency's plan shall be submitted at the same time as the estimate of funds needed developed pursuant to Section 34.36 of this title.&nbsp;</span></p> <p><span class="cls0">E. A state agency shall send one copy of the plan each to:&nbsp;</span></p> <p><span class="cls0">1. The Governor;&nbsp;</span></p> <p><span class="cls0">2. The President Pro Tempore of the State Senate;&nbsp;</span></p> <p><span class="cls0">3. The Speaker of the House of Representatives;&nbsp;</span></p> <p><span class="cls0">4. The Legislative Oversight Committee on State Budget Performance;&nbsp;</span></p> <p><span class="cls0">5. The Chair and Vice Chair of the Joint Committee on Accountability in Government;&nbsp;</span></p> <p><span class="cls0">6. The Director of the Office of Management and Enterprise Services; and&nbsp;</span></p> <p><span class="cls0">7. The State Auditor and Inspector.&nbsp;</span></p> <p><span class="cls0">F. In this section, "capital improvement" means any building or infrastructure project that will be owned by the state and built with direct appropriations or with the proceeds of state-issued bonds or paid from revenue sources other than general revenue at a cost of at least Twenty-five Thousand Dollars ($25,000.00) and has a useful life of at least five (5) years.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1999, c. 358, &sect; 3, eff. July 1, 1999. Amended by Laws 2003, c. 301, &sect; 5, eff. July 1, 2003; Laws 2012, c. 304, &sect; 420.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-45.4. Official forms.&nbsp;</span></p> <p><span class="cls0">The official forms which must be used in making those plans shall be approved or furnished by the Director of the Office of Management and Enterprise Services.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1999, c. 358, &sect; 4, eff. July 1, 1999. Amended by Laws 2012, c. 304, &sect; 421.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-45.5. Determination of acceptable measures &ndash; Training and other services to be provided by Office of Management and Enterprise Services.&nbsp;</span></p> <p><span class="cls0">A. The Office of Management and Enterprise Services and the Joint Legislative Committee on Budget and Program Oversight shall work with each state agency to determine acceptable measures of output, outcome, unit cost, and cost-effectiveness for use in the agency's plan.&nbsp;</span></p> <p><span class="cls0">B. The Office of Management and Enterprise Services is authorized to provide training or other services to state agencies pursuant to this act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1999, c. 358, &sect; 5, eff. July 1, 1999. Amended by Laws 2012, c. 304, &sect; 422.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-45.6. Hearings.&nbsp;</span></p> <p><span class="cls0">The Office of Management and Enterprise Services or the Joint Legislative Committee on Budget and Program Oversight, jointly or separately, may hold hearings on any matter required by the Oklahoma Program Performance Budgeting and Accountability Act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1999, c. 358, &sect; 6, eff. July 1, 1999. Amended by Laws 2001, c. 277, &sect; 1, eff. July 1, 2001; Laws 2012, c. 304, &sect; 423.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-45.7. Long-range strategic state plan.&nbsp;</span></p> <p><span class="cls0">A. The Governor and the State Legislature may compile a long-range strategic plan for state government using the state agency plans issued under this act.&nbsp;</span></p> <p><span class="cls0">B. The long-range strategic state plan shall be sent to the Governor, Lieutenant Governor, State Auditor and Inspector, and each member of the Legislature not later than when the Governor delivers the annual message on the condition of the state pursuant to Section 9 of Article VI of the Constitution of the State of Oklahoma.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1999, c. 358, &sect; 7, eff. July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;62-45.8. Performance audits and investigations by State Auditor and Inspector and Joint Committee on Accountability in Government.&nbsp;</span></p> <p><span class="cls0">A. The State Auditor and Inspector when in the conduct of a performance audit of a state agency shall consider in the evaluation of an agency the extent to which the agency conforms to the agency's strategic plan and management and performance report.&nbsp;</span></p> <p><span class="cls0">B. The Joint Committee on Accountability in Government pursuant to its procedures may conduct a performance investigation of a state agency to consider to what extent an agency has improved performance.&nbsp;</span></p> <p><span class="cls0">C. The activities of the Joint Committee shall not preclude other oversight activities by other legislative entities.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1999, c. 358, &sect; 8, eff. July 1, 1999. Amended by Laws 2013, c. 218, &sect; 1, eff. Nov. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-45.9. Schedule of program evaluation and performance review of state agencies &ndash; Duties of Joint Legislative Committee on Budget and Program Oversight &ndash; Required elements of review - Reports.&nbsp;</span></p> <p><span class="cls0">A. The Joint Legislative Committee on Budget and Program Oversight shall annually establish a schedule of program evaluation and performance review for state agencies. In establishing this schedule the Joint Legislative Committee on Budget and Program Oversight shall take into consideration the work plan of studies, program evaluations and other related performance reviews developed by the Joint Committee on Accountability in Government. Where appropriate, the Joint Legislative Committee on Budget and Program Oversight shall coordinate its schedule with related work plan items of the Joint Accountability in Government Committee.&nbsp;</span></p> <p><span class="cls0">The Joint Legislative Committee on Budget and Program Oversight may request the Joint Committee on Accountability in Government to include additional evaluations or reviews to their schedule or expand any scheduled evaluation or review to include issues of interest to the Joint Legislative Committee on Budget and Program Oversight.&nbsp;</span></p> <p><span class="cls0">The Joint Legislative Committee on Budget and Program Oversight may request any assistance necessary from the Office of the State Auditor and Inspector in regard to program evaluations or performance reviews scheduled by the Committee.&nbsp;</span></p> <p><span class="cls0">B. The program evaluation and justification review shall be conducted on major programs, but may include other programs. The review shall be comprehensive in its scope but, at a minimum, must be conducted in such a manner as to specifically determine the following, and to consider and determine what changes, if any, are needed with respect thereto:&nbsp;</span></p> <p><span class="cls0">1. The specific purpose of each program, as well as the specific public benefit derived therefrom;&nbsp;</span></p> <p><span class="cls0">2. The progress toward achieving the outputs and outcomes associated with each program;&nbsp;</span></p> <p><span class="cls0">3. An explanation of circumstances contributing to the state agency's ability to achieve, not achieve, or exceed its projected outputs and outcomes associated with each program;&nbsp;</span></p> <p><span class="cls0">4. The identifiable cost of each program;&nbsp;</span></p> <p><span class="cls0">5. Alternate courses of action that would result in administration of the same program in a more efficient or effective manner. The courses of action to be considered must include, but are not limited to:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;whether the program could be organized in a more efficient and effective manner, whether the program's mission, goals, or objectives should be redefined, or, when the state agency cannot demonstrate that its efforts have had a positive effect, whether the program should be reduced in size or eliminated,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;whether the program could be administered more efficiently or effectively to avoid duplication of activities and ensure that activities are adequately coordinated,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;whether the program could be performed more efficiently or more effectively by another unit of government, including political subdivisions of the state, or a private entity, or whether a program performed by a private entity could be performed more efficiently and effectively by a state agency,&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;when compared to costs, whether effectiveness warrants elimination of the program or, if the program serves a limited interest, whether it should be redesigned to require users to finance program costs,&nbsp;</span></p> <p class="cls2"><span class="cls0">e.&nbsp;&nbsp;whether the cost to administer the program exceeds license and other fee revenues paid by those being regulated, and&nbsp;</span></p> <p class="cls2"><span class="cls0">f.&nbsp;&nbsp;whether other changes could improve the efficiency and effectiveness of the program;&nbsp;</span></p> <p><span class="cls0">6. The consequences of discontinuing such program. If any discontinuation is recommended, such recommendation must be accompanied by a description of alternatives to implement such recommendation, including an implementation schedule for discontinuation and recommended procedures for assisting state agency employees affected by the discontinuation;&nbsp;</span></p> <p><span class="cls0">7. Determination as to public policy, which may include recommendations as to whether it would be sound public policy to continue or discontinue funding the program, either in whole or in part, in the existing manner; and&nbsp;</span></p> <p><span class="cls0">8. Whether state agency management has established control systems sufficient to ensure that performance data are maintained and supported by state agency records and accurately presented in state agency performance reports.&nbsp;</span></p> <p><span class="cls0">C. Evaluations and reviews may include consideration of programs provided by other agencies which are integrally related to the programs administered by the state agency.&nbsp;</span></p> <p><span class="cls0">D. Reports issued upon the completion of any performance evaluations and program reviews by the Joint Legislative Committee on Budget and Program Oversight shall be submitted to the Governor, the Speaker of the House of Representatives and the President Pro Tempore of the State Senate. All reports issued shall be available to the public once they have been submitted to the parties listed in this section.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1999, c. 358, &sect; 9, eff. July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;62-45.10. Agency performance reporting mechanisms - Development - Procedure.&nbsp;</span></p> <p><span class="cls0">A. Pursuant to this act, the Director of the Office of State Finance shall develop processes and procedures to guide state agencies in preparation of performance reporting metrics to be published for each cabinet, state agency and statewide and agency-specific initiatives. These metrics shall account for input, output and outcome measures and provide benchmarks to which the performance measures can be compared for evaluation of performance. Metrics shall include not less than three consistent scales demonstrating that a performance expectation or benchmark has been achieved, partially achieved or not achieved. At least one metric shall demonstrate the cost per person served by the agency.&nbsp;</span></p> <p><span class="cls0">B. State agencies shall provide information as required by the Director to assist in the development of performance reporting metrics and benchmarks.&nbsp;</span></p> <p><span class="cls0">C. Cabinet secretaries and agencies shall provide appropriate benchmarks against which performance should be compared to determine the agencies&rsquo; success or failure to meet established performance reporting benchmarks.&nbsp;</span></p> <p><span class="cls0">D. Performance metrics showing agency and agency program-level performance shall be published and prominently featured on the state Internet portal and through the direct domain performance.ok.gov. This data shall be updated on a regular basis.&nbsp;</span></p> <p><span class="cls0">E. Performance metrics and standards shall be reviewed and approved annually.&nbsp;</span></p> <p><span class="cls0">F. For the purposes of this section, "performance reporting metrics" shall mean a set of criteria which demonstrates the quantity and quality of work.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2012, c. 303, &sect; 20, eff. Nov. 1, 2012.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-45.11. Program management and performance report.&nbsp;</span></p> <p><span class="cls0">A. No later than October 1 of each year, each state agency shall submit a program management and performance report to the Chair and Vice Chair of the House Appropriations and Budget Committee, the Chair and Vice Chair of the Senate Appropriations Committee, the Chair and Vice Chair of the Senate Finance Committee, and the Director of the Office of Management and Enterprise Services. The report shall contain, at a minimum, detailed data for each agency program relating to each of the evaluation factors set out in Section 45.9 of Title 62 of the Oklahoma Statutes. It shall also list:&nbsp;</span></p> <p><span class="cls0">1. Specific cost avoidance and cost containment measures implemented during the previous fiscal year;&nbsp;</span></p> <p><span class="cls0">2. The agency's methodology for:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;determining its fee structure,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;calculating fees, and&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;measuring customer satisfaction;&nbsp;</span></p> <p><span class="cls0">3. Programs or operations not required for the agency's core function; and&nbsp;</span></p> <p><span class="cls0">4. Details showing the actual cost of any programs or operations listed under paragraph 3 of this subsection.&nbsp;</span></p> <p><span class="cls0">B. For purposes of this section:&nbsp;</span></p> <p><span class="cls0">1. "State agency" means a governmental agency as defined in Section 34.29 of Title 62 of the Oklahoma Statutes that receives an appropriation and is authorized to adopt a fee; and&nbsp;</span></p> <p><span class="cls0">2. "Program" means a service, contract, operation or procedure of an agency.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2013, c. 218, &sect; 2, eff. Nov. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-46. Short title &ndash; Definitions &ndash; Development and operation of website.&nbsp;</span></p> <p><span class="cls0">A. This act shall be known and may be cited as the "Taxpayer Transparency Act".&nbsp;</span></p> <p><span class="cls0">B. As used in the Taxpayer Transparency Act:&nbsp;</span></p> <p><span class="cls0">1. "Single website" means a website that allows the public to access information identified in subsection C of this section without any fee or charge to the public for such access;&nbsp;</span></p> <p><span class="cls0">2. "Expenditure of state funds" means the disbursement of all state funds regardless of amount of expenditure, whether appropriated or nonappropriated, excluding:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;the transfer of funds between two state agencies,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;payments of state or federal assistance to an individual,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;child support payments, and&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;refunds issued by the Oklahoma Tax Commission resulting from the overpayment of tax;&nbsp;</span></p> <p><span class="cls0">3. "Incentive payments" means payments made under the Oklahoma Quality Jobs Program Act, Saving Quality Jobs Act, Oklahoma Quality Jobs Incentive Leverage Act, Small Employer Quality Jobs Incentive Act, Oklahoma Specialized Quality Investment Act and Oklahoma Quality Investment Act;&nbsp;</span></p> <p><span class="cls0">4. "Tax credit" means a credit pursuant to the Oklahoma Income Tax Act against tax liability which is taken by a taxpayer, excluding credits authorized under paragraphs 1 and 2 of subsection B of Section 2357 and Sections 2357.29 and 2357.43 of Title 68 of the Oklahoma Statutes; and&nbsp;</span></p> <p><span class="cls0">5. "Stimulus funds expenditure" means the disbursement by state agencies of federal funds received pursuant to the federal American Recovery and Reinvestment Act of 2009.&nbsp;</span></p> <p><span class="cls0">C. No later than January 1, 2008, the Office of Management and Enterprise Services shall develop and operate a single website accessible by the public. The website shall include aggregate information on state revenue, expenditures and incentive payments and information on state tax preferences as contained in the tax expenditure report published by the Oklahoma Tax Commission pursuant to subsection E of Section 205 of Title 68 of the Oklahoma Statutes. No later than January 1, 2009, the website shall include search capabilities.&nbsp;</span></p> <p><span class="cls0">D. Effective January 1, 2011, the Office of Management and Enterprise Services shall update the website with "Open Books 2.0," an expanded online database through which each individual expenditure shall be listed individually separate of aggregated amount. The information shall be searchable by term including name of recipient, entity making expenditure and date of expenditure. The website shall allow members of the public to export sets of data produced by search query in a standardized exportable form. No later than eighteen (18) months after "Open Books 2.0" is online, the Office of Management and Enterprise Services shall create an online archive for each fiscal year, beginning with Fiscal Year 2011, which shall be accessible and searchable to online users.&nbsp;</span></p> <p><span class="cls0">E. As soon as practicable after January 1, 2008, such website shall also include, but not be limited to:&nbsp;</span></p> <p><span class="cls0">1. For the expenditure of state funds or incentive payments:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;the name and principal location of the entity and/or recipients of the funds, excluding release of information relating to an individual's place of residence, release of information prohibited by subsection D of Section 24A.7 of Title 51 of the Oklahoma Statutes or by federal law relating to privacy rights,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;the amount of state funds expended,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;the type of transaction,&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;the funding or expending agency, and&nbsp;</span></p> <p class="cls2"><span class="cls0">e.&nbsp;&nbsp;a descriptive purpose of the funding action or expenditure;&nbsp;</span></p> <p><span class="cls0">2. For stimulus fund expenditures:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;a link to the name and principal location of the entity and/or recipients of the funds regardless of amount,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;the amount of stimulus funds expended,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;the funding or expending agency, and&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;a descriptive purpose of the funding action or expenditure; and&nbsp;</span></p> <p><span class="cls0">3. For each tax credit, information, including but not limited to:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;the name of each taxpayer to which a credit has been granted,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;the amount of such credit, and&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;the specific provision under which a credit has been granted.&nbsp;</span></p> <p><span class="cls0">F. The single website provided for in subsection C of this section shall include data on state revenue, expenditures and incentive payments for the fiscal year 2007 and each fiscal year thereafter, on state tax credits for tax year 2007 and each tax year thereafter, and on stimulus fund expenditures for the fiscal year 2009 and each fiscal year thereafter. Such data shall be available on the single website no later than one hundred twenty (120) days after the last day of the preceding fiscal year; provided, data on stimulus fund expenditures for the fiscal year 2009 shall be available on the single website within one hundred twenty (120) days after the effective date of this act.&nbsp;</span></p> <p><span class="cls0">G. No later than January 1, 2012, the single website provided for in subsection C of this section shall include a section specific to data on road funding in this state. This section of the website shall include but not be limited to historical as well as current revenue collections and apportionment data on the following:&nbsp;</span></p> <p><span class="cls0">1. Diesel fuel and gasoline excise tax collected pursuant to Sections 500.4 and 603 of Title 68 of the Oklahoma Statutes;&nbsp;</span></p> <p><span class="cls0">2. Gross production tax collected pursuant to Section 1001 of Title 68 of the Oklahoma Statutes;&nbsp;</span></p> <p><span class="cls0">3. Motor vehicle collections collected pursuant to Sections 6-101, 6-114, 14-116 and 1105 et seq. of Title 47 of the Oklahoma Statutes; and&nbsp;</span></p> <p><span class="cls0">4. Motor vehicle excise tax collected pursuant to Sections 2103, 2104.3 and 2110 of Title 68 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">H. No later than January 1, 2012, the Office of Management and Enterprise Services shall include as part of the single website all spending data subject to publication by the "School District Transparency Act" in Title 70 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">I. The Oklahoma Tax Commission, the Office of the State Treasurer, all institutions of The Oklahoma State System of Higher Education and any other state agency shall provide to the Office of Management and Enterprise Services such information as is necessary to accomplish the purposes of the Taxpayer Transparency Act.&nbsp;</span></p> <p><span class="cls0">J. So that the Tax Commission may fulfill its obligations as required by this section, all recipients of tax credits, as that term is defined herein, shall file their reports or returns claiming the tax credits in an electronic format, as may be required by the Tax Commission. The Tax Commission may disallow any claim of a person for a tax credit due to its failure to file a report or return as required under the authority of this subsection.&nbsp;</span></p> <p><span class="cls0">K. Nothing in the Taxpayer Transparency Act shall require the disclosure of information which is required to be kept confidential by state or federal law.&nbsp;</span></p> <p><span class="cls0">L. The disclosure of information required by this section shall create no liability whatsoever, civil or criminal, to the State of Oklahoma or any member of the Office of Management and Enterprise Services or any employee thereof for disclosure of the information or for any error or omission in the disclosure.&nbsp;</span></p> <p><span class="cls0">M. The State Auditor and Inspector shall maintain a website providing public access to the documentation of stimulus funding pursuant to the requirements of this section. The website shall provide a list of all stimulus fund expenditures regardless of amount. The entire list of stimulus fund expenditures and each of the related content requirements as detailed in subsection D of this section shall be available for export in standardized formats including but not limited to eXtensible Markup Language (XML) and Comma Separated Value (CSV) formats. The list of expenditures shall include searchable functionality including but not limited to the ability to search the expenditures by the name of the entity receiving funding, name of entity processing funding and name of entity benefiting from funding.&nbsp;</span></p> <p><span class="cls0">N. Information about tax credits subject to disclosure pursuant to this section shall include the identity of all taxpayers or organizations having any part in the chain of custody or claim to the credit or credits at any time during the credit's existence.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2007, c. 327, &sect; 1, eff. Nov. 1, 2007. Amended by Laws 2010, c. 475, &sect; 2, emerg. eff. June 10, 2010; Laws 2011, c. 1, &sect; 29, emerg. eff. March 18, 2011; Laws 2011, c. 273, &sect; 1, eff. Jan. 1, 2012; Laws 2012, c. 11, &sect; 18, emerg. eff. April 4, 2012; Laws 2012, c. 304, &sect; 424.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 2011, c. 292, &sect; 6 repealed by Laws 2012, c. 11, &sect; 19, emerg. eff. April 4, 2012.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-46.1. Transfer of surplus funds accruing to General Revenue Fund to certain funds.&nbsp;</span></p> <p><span class="cls0">A. On July 1, 2005, or as soon thereafter as feasible, the Office of Management and Enterprise Services shall transfer any surplus funds which accrue to the General Revenue Fund of the State of Oklahoma for the fiscal year ending June 30, 2005, over and above that which is placed in the Constitutional Reserve Fund pursuant to Section 23 of Article X of the Constitution of the State of Oklahoma for the fiscal year ending June 30, 2005, to the following funds and in the specified amounts:&nbsp;</span></p> <p><span class="cls0">1. Fifty percent (50%) to the Oklahoma Dynamic Economy and Budget Security Fund established in Section 46.2 of this title; and&nbsp;</span></p> <p><span class="cls0">2. Fifty percent (50%) to the Oklahoma Taxpayer Relief Revolving Fund established in Section 2355.2 of Title 68 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">B. On July 1, 2006, or as soon thereafter as feasible, the Office of Management and Enterprise Services shall transfer the following amounts of surplus funds which accrue to the General Revenue Fund of the State of Oklahoma for the fiscal year ending June 30, 2006, over and above that which is placed in the Constitutional Reserve Fund pursuant to Section 23 of Article X of the Constitution of the State of Oklahoma for the fiscal year ending June 30, 2006:&nbsp;</span></p> <p><span class="cls0">1. The first Eighty-five Million Five Hundred Thousand Dollars ($85,500,000.00) to the State Regents Revolving Fund of the Oklahoma State Regents for Higher Education, to be used for operations of The Oklahoma State System of Higher Education;&nbsp;</span></p> <p><span class="cls0">2. Contingent upon passage and approval of Enrolled House Bill No. 1169 of the 2nd Extraordinary Session of the 50th Oklahoma Legislature, the next Forty-five Million Dollars ($45,000,000.00) to the Oklahoma Opportunity Fund created in Section 48 of this title;&nbsp;</span></p> <p><span class="cls0">3. Contingent upon passage and approval of Enrolled Senate Bill No. 99 of the 2nd Extraordinary Session of the 50th Oklahoma Legislature, the next One Hundred Fifty Million Dollars ($150,000,000.00) to the Economic Development Generating Excellence (EDGE) Fund created in Section 47 of this title;&nbsp;</span></p> <p><span class="cls0">4. The next Twenty-five Million Dollars ($25,000,000.00) to the County Bridges and Road Improvement Fund, to be expended for repair, renovation, rehabilitation, or replacement of county bridges;&nbsp;</span></p> <p><span class="cls0">5. The next Seven Million Dollars ($7,000,000.00) to the Oklahoma Department of Veterans Affairs Revolving Fund, to be used for expenses associated with the veterans center in Sulphur;&nbsp;</span></p> <p><span class="cls0">6. The next Five Million Dollars ($5,000,000.00) to the Rural Fire Equipment Grant Revolving Fund of the Oklahoma Department of Agriculture, Food, and Forestry;&nbsp;</span></p> <p><span class="cls0">7. The next Eighty Million Dollars ($80,000,000.00) to the Comprehensive University Capital Projects Revolving Fund created in Section 2, Chapter 84, O.S.L. 2006;&nbsp;</span></p> <p><span class="cls0">8. The next Eight Million Dollars ($8,000,000.00) to the Tourism Equipment Revolving Fund of the Oklahoma Tourism and Recreation Department, to be used for operations, capital improvements and maintenance of state parks; and&nbsp;</span></p> <p><span class="cls0">9. The next Fifteen Million Dollars ($15,000,000.00) to the State Emergency Fund created in Section 139.42 of this title;&nbsp;</span></p> <p><span class="cls0">10. The next Nine Hundred Thousand Dollars ($900,000.00) to the Oklahoma Tax Commission Fund created pursuant to Section 221 of this title for the implementation of a digital license plate system;&nbsp;</span></p> <p><span class="cls0">11. The next Thirty-five Million Dollars ($35,000,000.00) to the Oklahoma Firefighters Pension and Retirement System in order to replace monies that would otherwise have been apportioned over a period of years pursuant to paragraph 1 of subsection C of Section 312.1 of Title 36 of the Oklahoma Statutes if such modified apportionment is enacted pursuant to legislation passed during the 2nd Extraordinary Session of the 50th Oklahoma Legislature. If such modification to the apportionment is not enacted as a result of the passage of such legislation, the sum specified by this paragraph shall not be transferred to the Oklahoma Firefighters Pension and Retirement System; and&nbsp;</span></p> <p><span class="cls0">12. The next Nine Hundred Thousand Dollars ($900,000.00) to the Oklahoma Tax Commission Fund created pursuant to Section 221 of this title for the acquisition of a main frame computer.&nbsp;</span></p> <p><span class="cls0">The transfers authorized pursuant to the provisions of paragraphs 1 through 12 of this subsection shall not be subject to fiscal year 2007 agency category or budget limits.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2005, c. 446, &sect; 1, eff. July 1, 2005. Amended by Laws 2006, c. 7, &sect; 5, emerg. eff. March 14, 2006; Laws 2006, 2nd Ex. Sess., c. 84, &sect; 1, emerg. eff. June 27, 2006; Laws 2012, c. 304, &sect; 425.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-46.2. Oklahoma Dynamic Economy and Budget Security Fund.&nbsp;</span></p> <p><span class="cls0">There is hereby created in the State Treasury a fund to be designated the &ldquo;Oklahoma Dynamic Economy and Budget Security Fund&rdquo;. The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies apportioned to such fund pursuant to paragraph 1 of Section 1 of this act. The monies in the Oklahoma Dynamic Economy and Budget Security Fund shall be subject to appropriation by the Legislature for the purposes of promoting research and development of critical sectors of the state&rsquo;s economy, commercialization of technology, health care, promotion of endowments to nonprofit entities, including private foundations, unmet infrastructure needs and to provide a source of funds for any needed stabilization of the budget for the fiscal year ending June 30, 2006.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2005, c. 446, &sect; 2, eff. July 1, 2005.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;62-46.3. Transfer of surplus funds accruing to General Revenue Fund for 2007.&nbsp;</span></p> <p><span class="cls0">A. On July 1, 2007, or as soon thereafter as feasible, the Office of Management and Enterprise Services shall transfer the following amounts of surplus funds which accrue to the General Revenue Fund of the State of Oklahoma for the fiscal year ending June 30, 2007, over and above that which is placed in the Constitutional Reserve Fund pursuant to Section 23 of Article X of the Constitution of the State of Oklahoma for the fiscal year ending June 30, 2007:&nbsp;</span></p> <p><span class="cls0">1. The first Ten Million Dollars ($10,000,000.00) to the following entities in order to provide funding for the incremental revenues necessary to fund the employer contribution rate increases prescribed by Section 17-108.1 of Title 70 of the Oklahoma Statutes resulting from the enactment of Enrolled Senate Bill No. 357 of the 1st Session of the 51st Oklahoma Legislature:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;Six Million Six Hundred Twenty-one Thousand Four Hundred Sixty-eight Dollars ($6,621,468.00) to the State Board of Education to transfer to the appropriate dispensing fund,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;Two Million Eight Hundred Twenty-one Thousand Ninety-three Dollars ($2,821,093.00) to the State Regents Revolving Fund (210) of the Oklahoma State Regents for Higher Education, &nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;Five Hundred Thirty-one Thousand Eight Hundred Fifteen Dollars ($531,815.00) to the State Career Technology Revolving Fund of the Oklahoma Department of Career and Technology Education,&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;Two Thousand Nine Hundred Twenty-two Dollars ($2,922.00) to the Oklahoma Department of Corrections Revolving Fund of the Oklahoma Department of Corrections,&nbsp;</span></p> <p class="cls2"><span class="cls0">e.&nbsp;&nbsp;Eleven Thousand Seven Hundred Eighty Dollars ($11,780.00) to the Oklahoma School of Science and Mathematics Revolving Fund of the Oklahoma School of Science and Mathematics, and&nbsp;</span></p> <p class="cls2"><span class="cls0">f.&nbsp;&nbsp;Ten Thousand Nine Hundred Twenty-two Dollars ($10,922.00) to the School for the Blind/Deaf Revolving Fund (205) for the Department of Rehabilitation Services;&nbsp;</span></p> <p><span class="cls0">2. The next Ten Million Dollars ($10,000,000.00) to the State Emergency Fund;&nbsp;</span></p> <p><span class="cls0">3. The next Twenty-two Million Dollars ($22,000,000.00) to be allocated to the following entities for purposes of a teacher salary increase:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;Nineteen Million Nine Hundred Fifty-three Thousand One Hundred Thirty-three Dollars ($19,953,133.00) to the State Board of Education to transfer to the appropriate dispensing fund for teacher salary increases as provided for in Enrolled House Bill No. 1134 of the 1st Session of the Oklahoma Legislature. These funds shall be distributed in the same manner as funds appropriated to the State Board of Education for the financial support of public schools,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;One Million Seventy-three Thousand Six Hundred Four Dollars ($1,073,604.00) to the State Board of Education to transfer to the appropriate dispensing fund shall be used to implement the Science and Mathematics Advanced Recruiting Technique Program which shall provide incentives for the employment of persons in the common schools of the state who have advanced degrees in science, mathematics or both such disciplines,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;Eight Hundred Forty-five Thousand Seven Hundred Seventy-eight Dollars ($845,778.00) to the State Career Technology Revolving Fund of the Oklahoma Department of Career and Technology Education,&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;Seventy-three Thousand Seven Hundred Twelve Dollars ($73,712.00) to the Department of Corrections Revolving Fund to implement the teacher salary increase for those employees eligible for such increase, and&nbsp;</span></p> <p class="cls2"><span class="cls0">e.&nbsp;&nbsp;Fifty-three Thousand Seven Hundred Seventy-three Dollars ($53,773.00) to the School for the Blind/Deaf Revolving Fund (205) for the State Department of Rehabilitation Services to implement the teacher salary increase for those employees eligible for such increase;&nbsp;</span></p> <p><span class="cls0">4. The next Twenty Million Dollars ($20,000,000.00) to the State Regents Revolving Fund of the Oklahoma State Regents for Higher Education for operational expenses within The Oklahoma State System for Higher Education;&nbsp;</span></p> <p><span class="cls0">5. The next Sixteen Million Five Hundred Thousand Dollars ($16,500,000.00) to the State Regents Revolving Fund of the Oklahoma State Regents for Higher Education in order to fund capital improvements to be allocated as follows:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;Five Million Five Hundred Thousand Dollars ($5,500,000.00) for the University of Oklahoma,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;Five Million Five Hundred Thousand Dollars ($5,500,000.00) for Oklahoma State University, and&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;Five Million Five Hundred Thousand Dollars ($5,500,000.00) for the regional universities and two-year colleges within The Oklahoma State System of Higher Education;&nbsp;</span></p> <p><span class="cls0">6. The next Fifteen Million Dollars ($15,000,000.00) to the Oklahoma Capitol Complex and Centennial Commemoration Commission Revolving Fund;&nbsp;</span></p> <p><span class="cls0">7. The next Five Million Five Hundred Thousand Dollars ($5,500,000.00) to the Department of Public Safety Revolving Fund for a study of the feasibility of implementing a statewide interoperable communications system and for capital expenditures necessary to upgrade and maintain the existing statewide emergency communications system;&nbsp;</span></p> <p><span class="cls0">8. The next Four Million Dollars ($4,000,000.00) to the State Regents Revolving Fund of the Oklahoma State Regents for Higher Education for the construction of a forensics building on the campus of the University of Central Oklahoma;&nbsp;</span></p> <p><span class="cls0">9. The next Five Hundred Thousand Dollars ($500,000.00) to the Research Support Revolving Fund of the Oklahoma Center for the Advancement of Science and Technology for the purpose of providing funding for seed capital;&nbsp;</span></p> <p><span class="cls0">10. The next Six Million Dollars ($6,000,000.00) to the Research Support Revolving Fund of the Oklahoma Center for the Advancement of Science and Technology to provide funding for an Oklahoma Bioenergy Center involving collaborative efforts among Oklahoma State University, the University of Oklahoma and a private foundation. The amount authorized by this paragraph shall be allocated equally between the two universities;&nbsp;</span></p> <p><span class="cls0">11. The next One Million Eight Hundred Thousand Dollars ($1,800,000.00) to the State Regents Revolving Fund of the Oklahoma State Regents for Higher Education for purposes of capital expenditures for the Langston University campus if such amount is utilized to match federal monies available through the United States Department of Agriculture;&nbsp;</span></p> <p><span class="cls0">12. The next Two Million Five Hundred Thousand Dollars ($2,500,000.00) to the Rural Fire Equipment Grant Revolving Fund;&nbsp;</span></p> <p><span class="cls0">13. The next Six Million Five Hundred Thousand Dollars ($6,500,000.00) to the Conservation Commission Infrastructure Revolving Fund of the Conservation Commission for purposes of matching funds available through federally authorized programs for the rehabilitation of flood control structures;&nbsp;</span></p> <p><span class="cls0">14. The next Five Million Dollars ($5,000,000.00) to the Private Prison and Halfway House Capacity Development Revolving Fund for the purposes authorized by Section 561.4 of Title 57 of the Oklahoma Statutes;&nbsp;</span></p> <p><span class="cls0">15. The next Five Million Dollars ($5,000,000.00) to the State Board of Education to transfer to the appropriate dispensing fund for the Educare Program if the funds are used in connection with a matching program with a private foundation;&nbsp;</span></p> <p><span class="cls0">16. The next One Million Dollars ($1,000,000.00) to the Oklahoma Department of Agriculture, Food, and Forestry to the Agriculture Revolving Fund for the Justin Whitefield Memorial Youth Expo Endowment;&nbsp;</span></p> <p><span class="cls0">17. The next Two Million Dollars ($2,000,000.00) to the Oklahoma Space Industry Development Authority Revolving Fund for the construction of a security fence and other capital assets;&nbsp;</span></p> <p><span class="cls0">18. The next Two Hundred Fifty Thousand Dollars ($250,000.00) to the Oklahoma Department of Agriculture, Food, and Forestry to the Agriculture Revolving Fund for equipment expenses of the agriculture laboratory;&nbsp;</span></p> <p><span class="cls0">19. The next One Million Dollars ($1,000,000.00) to the Department of Public Safety Revolving Fund of the Department of Public Safety for vehicle replacement costs;&nbsp;</span></p> <p><span class="cls0">20. The next Two Million Dollars ($2,000,000.00) to the School for the Deaf/Blind Revolving Fund of the State Department of Rehabilitation Services for capital improvements to the Oklahoma School for the Deaf and the Oklahoma School for the Blind;&nbsp;</span></p> <p><span class="cls0">21. The next One Million Two Hundred Thousand Dollars ($1,200,000.00) to the Career Technology Revolving Fund of the Oklahoma Department of Career and Technology Education for an aerospace industries training program to be offered at the MetroTech campus facility;&nbsp;</span></p> <p><span class="cls0">22. The next Two Million Dollars ($2,000,000.00) to the Department of Mental Health Revolving Fund of the Department of Mental Health and Substance Abuse Services for the "Smart on Crime" initiative; and&nbsp;</span></p> <p><span class="cls0">23. The next Fifty Thousand Dollars ($50,000.00) to the Office of Juvenile Affairs Revolving Fund of the Office of Juvenile Affairs for the Oklahoma Statewide Gang Intervention Steering Committee as created pursuant to Enrolled House Bill No. 1760 of the 1st Session of the 51st Oklahoma Legislature.&nbsp;</span></p> <p><span class="cls0">B. The transfers authorized pursuant to the provisions of paragraphs 1 through 23 of subsection A of this section shall not be subject to fiscal year 2008 agency category or budget limits.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2007, c. 204, &sect; 1, eff. July 1, 2007. Amended by Laws 2012, c. 304, &sect; 426.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-46.4. Oklahoma Pension Stabilization Fund.&nbsp;</span></p> <p><span class="cls0">A. There is hereby created in the State Treasury a revolving fund for the Office of Management and Enterprise Services to be designated the "Oklahoma Pension Stabilization Fund". The fund shall be a continuing fund, not subject to fiscal year limitations and shall consist of amounts allocated as provided in subsection B of this section.&nbsp;</span></p> <p><span class="cls0">B. Each July 1, or as soon thereafter as feasible, the Office of Management and Enterprise Services shall transfer to the Oklahoma Pension Stabilization Fund any surplus funds that are in excess of the funds required to be deposited in the Constitutional Reserve Fund, which accrue to the General Revenue Fund of the State of Oklahoma for the immediately preceding fiscal year.&nbsp;</span></p> <p><span class="cls0">C. If one or more of the state pension systems has a funded ratio of less than ninety percent (90%), the Oklahoma Pension Stabilization Fund shall be allocated, by legislative appropriation, to reduce the unfunded liability of any one or any combination of state pension systems. Priority shall be given to the pension system with the lowest funded ratio.&nbsp;</span></p> <p><span class="cls0">D. Any amounts not appropriated by the Legislature pursuant to subsection C of this section shall revert to the fund from which they came unless otherwise allocated by the Legislature.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2013, c. 207, &sect; 1.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-47. Creation of trust fund - Board of Investors abolished.&nbsp;</span></p> <p><span class="cls0">A. There is hereby created a trust fund for Economic Development Generating Excellence to be known as the "EDGE Fund". The trust fund principal shall consist of all funds appropriated, transferred, donated or otherwise directed to the fund by law.&nbsp;</span></p> <p><span class="cls0">B. The Board of Investors of the EDGE Fund is hereby abolished and the powers and duties previously conferred upon the Board are hereby transferred to the State Treasurer. The cost of up to two full-time-equivalent employees for the Office of the State Treasurer may be considered an administrative expense of the EDGE Fund until such time as the entire amount of the EDGE Fund has been transferred as provided in subsection C of this section.&nbsp;</span></p> <p><span class="cls0">C. On and after July 1, 2012, the State Treasurer shall not further invest monies or assets of the EDGE Fund. As funds become available from investments made prior to July 1, 2012, by the Board of Investors of the EDGE Fund, the State Treasurer shall transfer such funds as follows:&nbsp;</span></p> <p><span class="cls0">1. Interest or other proceeds earned on investments made prior to July 1, 2012, other than such interest or proceeds otherwise encumbered prior to May 25, 2012, shall be deposited to the Oklahoma Quick Action Closing Fund created in Section 48.2 of this title; and&nbsp;</span></p> <p><span class="cls0">2. The principal of any investments made prior to July 1, 2012, and maturing or otherwise available for expenditure on or after July 1, 2012, shall be deposited to the Oklahoma State Regents Endowment Trust Fund created in Section 3951 of Title 70 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2006, 2nd Ex.Sess., c. 85, &sect; 1. Amended by Laws 2007, c. 350, &sect; 1, eff. July 1, 2007; Laws 2012, c. 350, &sect; 1.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-48. Oklahoma Opportunity Fund.&nbsp;</span></p> <p><span class="cls0">A. There is hereby created in the State Treasury a revolving fund for the Oklahoma Department of Commerce to be designated the "Oklahoma Opportunity Fund". The fund shall be a continuing fund, not subject to fiscal year limitations and shall consist of:&nbsp;</span></p> <p><span class="cls0">1. All monies apportioned or allocated to the fund pursuant to law;&nbsp;</span></p> <p><span class="cls0">2. Any amounts appropriated by the Legislature to the fund;&nbsp;</span></p> <p><span class="cls0">3. Interest earned on the investment of money in the fund; and&nbsp;</span></p> <p><span class="cls0">4. Gifts, grants, and other donations received for the fund.&nbsp;</span></p> <p><span class="cls0">B. All monies accruing to the credit of the fund are hereby appropriated and may be budgeted and expended by the Governor for the purposes of economic development and related infrastructure development, subject to the unanimous approval of the Contingency Review Board pursuant to subsection E of this section. Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment.&nbsp;</span></p> <p><span class="cls0">C. Expenditures from the Oklahoma Opportunity Fund shall be proposed by the Director of the Oklahoma Department of Commerce. The Director of the Oklahoma Department of Commerce shall only propose expenditures that the Director determines are expected to result in a substantial economic benefit to the state through any of the following:&nbsp;</span></p> <p><span class="cls0">1. The creation of new jobs which offer a basic health benefit plan, as defined in the Oklahoma Quality Jobs Program Act;&nbsp;</span></p> <p><span class="cls0">2. The maintenance of existing jobs which are at risk for termination;&nbsp;</span></p> <p><span class="cls0">3. Investment in new real property, plant or equipment or in the improvement or retooling of existing plant or equipment; or&nbsp;</span></p> <p><span class="cls0">4. Additional revenues in either ad valorem, income or sales and use taxes.&nbsp;</span></p> <p><span class="cls0">D. The Oklahoma Department of Commerce shall develop rules for the process of reviewing proposed expenditures from the Oklahoma Opportunity Fund and for determination of whether or not proposed expenditures meet the criteria identified in subsection C of this section. Criteria shall include requirements for economic impact, local participation in the project and average wage thresholds.&nbsp;</span></p> <p><span class="cls0">E. No expenditure shall be made from the Oklahoma Opportunity Fund unless such expenditure has been unanimously approved by the Contingency Review Board.&nbsp;</span></p> <p><span class="cls0">F. The Oklahoma Department of Commerce shall administer the Oklahoma Opportunity Fund. The Governor may, on behalf of this state and with the express approval of the Contingency Review Board, award monies by entering into a written agreement.&nbsp;</span></p> <p><span class="cls0">G. Before awarding any monies pursuant to subsection F of this section, the Governor shall enter into a written agreement with the entity to be awarded the money specifying that:&nbsp;</span></p> <p><span class="cls0">1. If any or all of the amount to be awarded is used to build a capital improvement:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;the state retains a lien or other interest in the capital improvement in proportion to the amount awarded by the written agreement for the capital improvement, and&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;if the capital improvement is sold, the recipient of the award shall:&nbsp;</span></p> <p class="cls3"><span class="cls0">(1)&nbsp;&nbsp;repay to the state the money awarded to pay for the capital improvement, with interest at the rate and according to the other terms provided by the agreement, and&nbsp;</span></p> <p class="cls3"><span class="cls0">(2)&nbsp;&nbsp;share with the state a proportionate amount of any profit realized from the sale; and&nbsp;</span></p> <p><span class="cls0">2. If, as of the date certain provided in the agreement, the award recipient has not used monies awarded under this section for the intended purposes, the recipient shall repay that amount and any related interest to the state at the agreed rate and on the agreed terms.&nbsp;</span></p> <p><span class="cls0">H. The Legislature finds that for profit entities, nonprofit entities and state and local governmental entities that qualify for funding pursuant to the provisions of this section are a source of economic benefits for the state, its political subdivisions and its residents that can only be achieved through the use of specialized economic incentives. All expenditures from the Oklahoma Opportunity Fund shall be deemed to be in furtherance of essential governmental functions for public purposes as a method of promoting and sustaining economic growth and activity within the State of Oklahoma.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2006, 2nd Ex. Sess., c. 41, &sect; 1, eff. July 1, 2006. Amended by Laws 2012, c. 304, &sect; 427.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-48.1. Legislative findings.&nbsp;</span></p> <p><span class="cls0">A. The Legislature finds the following to be beneficial goals of the state: attracting, retaining and providing favorable conditions for the recruitment and growth of certain high-impact business projects or facilities which provide widespread economic benefits to the public through high-quality employment opportunities or capital investment in such projects or facilities and net economic benefits to the state.&nbsp;</span></p> <p><span class="cls0">B. The Legislature further finds that there exists serious competition for these projects and facilities, and that without a workable closing fund, Oklahoma continues to be at a competitive disadvantage in vying with states that have such a fund for attracting and/or retaining these business projects.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2011, c. 301, &sect; 1.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-48.2. Oklahoma Quick Action Closing Fund.&nbsp;</span></p> <p><span class="cls0">A. There is hereby created in the State Treasury a revolving fund for the Oklahoma Department of Commerce to be designated the Oklahoma Quick Action Closing Fund. The fund shall be a continuing fund, not subject to fiscal year limitations and shall consist of:&nbsp;</span></p> <p><span class="cls0">1. All monies apportioned or allocated to the fund pursuant to law;&nbsp;</span></p> <p><span class="cls0">2. Any amounts appropriated by the Legislature to the fund;&nbsp;</span></p> <p><span class="cls0">3. Interest earned on the investment of money in the fund; and&nbsp;</span></p> <p><span class="cls0">4. Gifts, grants, and other donations received for the fund.&nbsp;</span></p> <p><span class="cls0">B. All monies accruing to the credit of the fund are hereby appropriated and may be budgeted and expended by the Governor for the purposes of economic development and related infrastructure development in instances in which expenditure of such funds would likely be a determining factor in locating a high-impact business project or facility in Oklahoma or in retaining such project or facility within the state. Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment.&nbsp;</span></p> <p><span class="cls0">C. In order to qualify for any funds from the Oklahoma Quick Action Closing Fund, the establishment making application shall be engaged in a business activity described by a North American Industry Classification System (NAICS) Code used to define eligibility for incentive payments from the Oklahoma Quality Jobs Program Act as defined in Section 3603 of Title 68 of the Oklahoma Statutes or a business activity described by Section 3603 of Title 68 of the Oklahoma Statutes or be engaged in a "basic industry" used to define eligibility for incentive payments from the 21st Century Quality Jobs Incentive Act as prescribed by Section 3913 of Title 68 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">D. The Governor shall not approve payments from the Oklahoma Quick Action Closing Fund unless the Department of Commerce has conducted a complete analysis of the potential impact of the applicant's business activity which shall include, but not be limited to:&nbsp;</span></p> <p><span class="cls0">1. The number of jobs to be created by a new business establishment;&nbsp;</span></p> <p><span class="cls0">2. The number of jobs to be retained by an existing business establishment;&nbsp;</span></p> <p><span class="cls0">3. The average salary of jobs to be created by a new establishment;&nbsp;</span></p> <p><span class="cls0">4. The average salary of jobs to be retained by an existing business establishment;&nbsp;</span></p> <p><span class="cls0">5. The total capital investment to be made by the business establishment;&nbsp;</span></p> <p><span class="cls0">6. The likelihood of other business establishments locating within the same vicinity or within the state as a result of the business activity to be conducted by the entity to receive payments from the Oklahoma Quick Action Closing Fund;&nbsp;</span></p> <p><span class="cls0">7. The impact on the economy of the area or community in which the business activity of the applicant is or will be conducted; and&nbsp;</span></p> <p><span class="cls0">8. Such other factors as the Governor and the Department of Commerce determine to be relevant.&nbsp;</span></p> <p><span class="cls0">E. The Oklahoma Department of Commerce shall administer the Oklahoma Quick Action Closing Fund, and expenditures from the fund shall be recommended by the Director of the Oklahoma Department of Commerce to the Governor after a thorough evaluation of selected projects or facilities. The Director of the Oklahoma Department of Commerce shall only recommend expenditures that the Director determines are expected to result in a net economic benefit to the state through the following:&nbsp;</span></p> <p><span class="cls0">1. The creation of new jobs which offer a basic health benefit plan, as defined in the Oklahoma Quality Jobs Program Act;&nbsp;</span></p> <p><span class="cls0">2. The maintenance of existing jobs which are at a risk for termination;&nbsp;</span></p> <p><span class="cls0">3. Investment in new real property, plant or equipment or in the improvement or retooling of existing plant or equipment; or&nbsp;</span></p> <p><span class="cls0">4. Additional revenues in either ad valorem, income or sales and use taxes.&nbsp;</span></p> <p><span class="cls0">F. The Oklahoma Department of Commerce shall develop rules for the process of reviewing proposed expenditures from the Oklahoma Quick Action Closing Fund and for the determination of whether or not proposed expenditures meet the criteria identified in subsection E of this section. Criteria shall include requirements for economic impact, local participation in the project, capital investment and average wage thresholds.&nbsp;</span></p> <p><span class="cls0">G. Upon receipt of an evaluation that recommends an expenditure from the Oklahoma Quick Action Closing Fund from the Director of the Oklahoma Department of Commerce, the Governor shall provide the evaluation and recommendation to the President Pro Tempore of the State Senate and the Speaker of the Oklahoma House of Representatives before giving final approval for the expenditure on the project. The Executive Office of the Governor shall recommend final approval of an expenditure on a project pursuant to consultation with the President Pro Tempore of the State Senate and the Speaker of the Oklahoma House of Representatives.&nbsp;</span></p> <p><span class="cls0">H. Upon approval by the Governor, the Oklahoma Department of Commerce shall enter into an agreement that sets forth the conditions for payment of monies from the Oklahoma Quick Action Closing Fund. The agreement must include:&nbsp;</span></p> <p><span class="cls0">1. The total amount of funds awarded;&nbsp;</span></p> <p><span class="cls0">2. The performance conditions that must be met to obtain the award, including, but not limited to, net new employment in the state, average salary, and total capital investment;&nbsp;</span></p> <p><span class="cls0">3. If appropriate, a baseline of current service and measure of enhanced capability;&nbsp;</span></p> <p><span class="cls0">4. The methodology of validating performance;&nbsp;</span></p> <p><span class="cls0">5. The schedule of payments from the fund, and claw-back provisions for failure to meet performance conditions; and&nbsp;</span></p> <p><span class="cls0">6. A requirement that no monies paid from the Oklahoma Quick Action Closing Fund shall be used by a recipient or any other person or entity for purposes of any political contribution to or on behalf of any candidate or for the support of or opposition to any measure including but not limited to an initiative petition or referendum&nbsp;</span></p> <p><span class="cls0">I. The Department of Commerce shall make available on its website or other website dedicated for this purpose a complete disclosure of all payments made from the Oklahoma Quick Action Closing Fund. The disclosure shall include a description of the expenditures made by the business establishment with the payments made from the fund. No proprietary information of the business establishment shall be subject to the requirements of this subsection.&nbsp;</span></p> <p><span class="cls0">J. If any or all of the amount to be awarded is used to build a capital improvement:&nbsp;</span></p> <p><span class="cls0">1. The funds used for the capital improvement shall be deemed to be held in trust for the benefit of the state and shall be considered as a priority claim for purposes of federal bankruptcy law; and&nbsp;</span></p> <p><span class="cls0">2. If the capital improvement is sold, the recipient of the award shall:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;repay the state the money awarded to pay for the capital improvement, with interest at the rate and according to the other terms provided by the agreement, and&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;share with the state a proportionate amount of any profit realized from the sale.&nbsp;</span></p> <p><span class="cls0">K. If, as of the date certain provided in the agreement, the award recipient has not used monies awarded for the intended purposes, the recipient shall repay that amount and any related interest to the state at the agreed rate and on the agreed terms and any such amounts shall be deemed to be held in trust for the benefit of the state and shall be considered as a priority claim for purposes of federal bankruptcy law.&nbsp;</span></p> <p><span class="cls0">L. The provisions of this act shall cease to have the force and effect of law on the July 1 date of the sixth fiscal year after the first fiscal year for which any funds are deposited to, appropriated to, apportioned to or otherwise transferred to the Oklahoma Quick Action Closing Fund.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2011, c. 301, &sect; 2. Amended by Laws 2012, c. 304, &sect; 428.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-49. Multi-year trend analysis of budget outlook.&nbsp;</span></p> <p><span class="cls0">On or before November 1 of each year, the Office of Management and Enterprise Services shall develop and publish a multi-year trend analysis of the state's budget outlook. The trend analysis shall include projections of revenues and expenditures reflecting the best available information concerning economic activity, population change, policy developments and other factors affecting the state budget.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2007, c. 335, &sect; 1, eff. Nov. 1, 2007. Amended by Laws 2012, c. 304, &sect; 429.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-50. Tobacco Settlement Fund - Monies.&nbsp;</span></p> <p><span class="cls0">A. There is hereby created in the State Treasury a revolving fund to be known and designated as the Tobacco Settlement Fund, into which fund shall be deposited:&nbsp;</span></p> <p><span class="cls0">1. All monies received by the state or any official, agency or department of the state in settlement of claims by the state against tobacco manufacturers during the month of April 2000;&nbsp;</span></p> <p><span class="cls0">2. All monies received by the state or any official, agency or department of the state in settlement of claims by the state against tobacco manufacturers during fiscal year 2001;&nbsp;</span></p> <p><span class="cls0">3. That portion of monies apportioned to the Tobacco Settlement Fund pursuant to the provisions of subsection B of this section; and&nbsp;</span></p> <p><span class="cls0">4. Such other monies as may be appropriated or otherwise directed thereto by law.&nbsp;</span></p> <p><span class="cls0">The Tobacco Settlement Fund shall be a continuing fund, not subject to fiscal year limitations. No monies shall be paid out of such fund except pursuant to appropriation by the Legislature.&nbsp;</span></p> <p><span class="cls0">B. Monies received by the state or any official, agency or department of the state in settlement of claims by the state against tobacco manufacturers which is not otherwise apportioned pursuant to the provisions of Section 40 of Article X of the Oklahoma Constitution shall be apportioned as follows:&nbsp;</span></p> <p><span class="cls0">1. Seventy-five percent (75%) shall be apportioned to the Tobacco Settlement Fund; and&nbsp;</span></p> <p><span class="cls0">2. Twenty-five percent (25%) shall be apportioned to the Attorney General's Evidence Fund.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2000, c. 47, &sect; 2, emerg. eff. April 14, 2000. Amended by Laws 2000, 1st Ex.Sess., c. 8, &sect; 24, eff. July 1, 2000; Laws 2001, c. 66, &sect; 1, emerg. eff. April 10, 2001; Laws 2012, c. 370, &sect; 1, eff. July 1, 2012.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-50.1. Renumbered as &sect; 2304 of this title by Laws 2001, c. 274, &sect; 12, emerg. eff. May 31, 2001.&nbsp;</span></p> <p><span class="cls0">&sect;62-52. Repealed by Laws 2012, c. 350, &sect; 2.&nbsp;</span></p> <p><span class="cls0">&sect;62-56. Creation and designation of fund - Deposits.&nbsp;</span></p> <p><span class="cls0">There is hereby created in the State Treasury a special fund to be known and designated as the Building Bond Fund, into which fund shall be deposited the proceeds received by the State of Oklahoma from the sale of bonds, authorized by Section 31, Article 10, of the Constitution of Oklahoma.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1949, Ex.Sess., p. 9, &sect; 1.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;6257.2. Agency of state Intent and purpose of act.&nbsp;</span></p> <p><span class="cls0">The Commission, acting for and on behalf of the State of Oklahoma, shall be the agency by and through which the State of Oklahoma may incur indebtedness to the extent of but not to exceed the sum of Thirtysix Million Dollars ($36,000,000.00), for the purpose of constructing, equipping, remodeling and repairing any and all buildings of the state, including those of its educational, recreational, penal and eleemosynary establishments, pursuant to and by the authority of Section 31, Article X, of the Constitution of Oklahoma and this act. It is declared to be the intent and purpose of this act to vitalize said Section 31, and to invoke and exercise the powers conferred upon the Legislature of Oklahoma thereby.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1949, Ex.Sess., p. 12, &sect; 2. &nbsp;</span></p> <p><span class="cls0">&sect;6257.3. Authority to issue and sell bonds Pledges and covenants Sinking fund.&nbsp;</span></p> <p><span class="cls0">The Commission, acting for and on behalf of the State of Oklahoma, is hereby authorized and empowered to issue, sell and deliver to the State Treasurer, the Commissioners of the Land Office of the State of Oklahoma, or other purchasers, "State of Oklahoma Building Bonds" in a total principal amount not to exceed Thirtysix Million Dollars ($36,000,000.00). It is hereby expressly provided and pledged for the benefit of the purchasers, owners and holders of said bonds, that two cents ($0.02) of the tax on each package of cigarettes authorized and levied by 68 O.S. 1951, Sections 586 to 586p, as amended and supplemented to the effective date of Section 31, Article X, of the Constitution of Oklahoma, or so much of said tax as may be necessary to pay and discharge the principal of and interest on said bonds as the same become due, and to create an adequate reserve to assure such payments when due, shall be and the same is hereby irrevocably pledged to the sole and exclusive use and purpose of paying and discharging the principal of and interest on said bonds. There is hereby created in the State Treasury, a fund to be known as the "State of Oklahoma Building Bonds Sinking Fund", which sinking fund is irrevocably pledged to the payment of the bonds issued hereunder, together with the interest thereon, and shall be paid out only in the manner and at the times and places provided for in the resolution or resolutions of the Commission authorizing the issuance of the bonds. Beginning July 1, 1950, all cigarette taxes collected shall be paid monthly by the Oklahoma Tax Commission to the State Treasurer of the State of Oklahoma. Upon receiving from the Oklahoma Tax Commission the cigarette tax money hereinabove mentioned, accompanied by a schedule showing the net proceeds of the two cents ($0.02) tax upon each package of cigarettes, it shall be the duty of the State Treasurer to place in said sinking fund the net proceeds of two cents ($0.02[) of the tax on each package of cigarettes, or so much of said cigarette tax as may be necessary to assure prompt payment of the principal of and interest on the bonds as they fall due and to carry out the covenants with respect to reserve requirements. The cigarette tax herein referred to shall constitute the primary revenue dedicated to the payment of the principal and interest of said bonds but it is further pledged for the benefit of the purchasers, owners and holders of said bonds that the State of Oklahoma will, if necessary, impose and collect an additional tax, other than an ad valorem tax, and devote the same irrevocably to the payment of the principal and interest of said bonds, and that should said cigarette tax, herein referred to, ever fail to produce sufficient revenue to pay said principal and interest as they fall due, such cigarette tax, together with such additional tax, shall always be sufficient to pay and discharge said principal and interest when due. The bonds issued hereunder and the interest thereon shall be general obligations of the State of Oklahoma and the full faith, credit and resources of the State of Oklahoma is pledged for their payment. The Commission is authorized to incorporate in the face of each of the bonds issued under this act, pledges, the same or substantially the same as those made herein. The pledges and covenants so made by said Commission shall constitute the commitment of the State of Oklahoma, made in full good faith in its sovereign capacity and shall be binding upon said state and the Legislature, officers, instrumentalities and agents thereof so long as any of the principal or interest of the bonds are outstanding and unpaid. The Commission is authorized to make such other equally binding covenants and agreements, not inconsistent with this act, or with Section 31, Article X, Oklahoma Constitution, as it deems to be needful and appropriate to the general purpose of effectuating this act.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1949, Ex.Sess., p. 12, &sect; 3. &nbsp;</span></p> <p><span class="cls0">&sect;6257.4. Form and terms of bonds Payments into sinking fund Call and redemption Negotiability Exemption from taxation.&nbsp;</span></p> <p><span class="cls0">The bonds so authorized shall be serial coupon bonds and shall be issued to mature One Million Five Hundred Thousand Dollars ($1,500,000.00) on the fifteenth day of July in each of the calendar years 1951 to 1974, both inclusive. Said bonds and the interest thereon shall be payable at the Office of the State Treasurer of the State of Oklahoma. Said bonds may be executed in such manner, may be payable in such medium of payment and may bear interest at such rate or rates, not in excess of two and onehalf percent (2 1/2%) per annum, and payable at specified times, all as may be provided by resolution or resolutions to be adopted by the Commission; provided, all bonds maturing after ten (10) years from their dates shall be subject to call and redemption, in inverse order of maturity and bond numbers, at par and accrued interest, the detailed provisions for such call and redemption to be fixed by the Commission in the resolution or resolutions authorizing the issuance of said bonds. All money in said sinking fund at the end of any fiscal year in excess of a sum equal to all principal and interest coming due in the next succeeding fiscal year shall be used to call and redeem such bonds as may be redeemed prior to maturity. All bonds issued pursuant to this act shall have all the qualities and incidents of negotiable paper, and said bonds and interest thereon shall not be subject to taxation by the State of Oklahoma or any county, municipality or political subdivision therein.&nbsp;</span></p> <p><span class="cls0">(a) Prior to June 30, 1953, the State of Oklahoma Building Bonds Commission shall meet at the call of the Secretary of said Commission; and the said Commission hereby is directed and required to adopt such resolution or resolutions as shall be necessary, amending and supplanting any resolution or resolutions, covenants or agreements to the contrary theretofore adopted or made by said Commission, to provide that only such revenue as is specified in Section 31, Article X, of the Constitution of Oklahoma, and as provided in this act, as amended, shall be pledged to be paid into the State of Oklahoma Building Bonds Sinking Fund, and that any pledge, commitment, covenant or agreement to pay any greater sum into said sinking fund be rescinded and revoked immediately upon the written consent and agreement of the owner of all of the State of Oklahoma Public Building Bonds.&nbsp;</span></p> <p><span class="cls0">(b) Immediately following the adoption of said resolution or resolutions by the State of Oklahoma Building Bonds Commission as hereinabove directed, the State Treasurer, for and on behalf of the State of Oklahoma as the sole owner of all outstanding State of Oklahoma Public Building Bonds, hereby is directed and required to execute to the State of Oklahoma Building Bonds Commission his consent and agreement, in writing, to the terms and provisions of the said resolution or resolutions of said Commission herein directed and required to be adopted.&nbsp;</span></p> <p><span class="cls0">(c) Immediately after delivery of said fully executed consent and agreement, the State Treasurer shall endorse upon each State of Oklahoma Public Building Bond, in such form as shall be approved by the Attorney General, a certificate that the obligation of the State of Oklahoma in respect of payments into the State of Oklahoma Building Bonds Sinking Fund shall be as hereinabove provided, and not otherwise; and said certificate shall be full notice, and shall prescribe the maximum of the obligation of the State of Oklahoma to any subsequent purchaser of any of said bonds.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1959, p. 247, &sect; 1. &nbsp;</span></p> <p><span class="cls0">&sect;6257.5. Sale of bonds to State Treasurer and Commissioners of Land Office.&nbsp;</span></p> <p><span class="cls0">(a) The State Treasurer of the State of Oklahoma is hereby authorized and required to purchase from the Commission at private sale, all or any part of said bonds, or interim bonds, as an investment of the public monies in his possession. In the event of such sale or sales, the Commission shall determine and fix the rate of interest the bonds so sold shall bear, such rate of interest not to exceed the maximum hereinbefore authorized. All interest earned by such bonds as are held by the State Treasurer pursuant to such investment shall, as collected, be paid into the General Revenue Fund in the State Treasury.&nbsp;</span></p> <p><span class="cls0">(b) If the State Treasurer is unable to purchase all of the bonds at the original sale thereof as provided in subsection (a) hereof, then it shall be the mandatory duty of the Commissioners of the Land Office to purchase, at private sale, the bonds which the State Treasurer is unable to purchase. In such event, the Commissioners of the Land Office shall, to the extent necessary to carry out the provisions of this subsection, sell and liquidate such of their investments as they may constitutionally sell and liquidate, and shall purchase such bonds with the proceeds thereof. All State of Oklahoma Building Bonds purchased by the Commissioners of the Land Office under the provisions of this subsection shall provide for a rate of interest equal to the average interest yield of the securities sold and liquidated to make such purchase, but in no event more than two and onehalf percent (2 1/2%) per annum.&nbsp;</span></p> <p><span class="cls0">(c) In the event any or all of the bonds are sold to the State Treasurer under the provisions of subsection (a) hereof and thereafter the uninvested cash on hand and in solvent banks should fall short of demand orders on the State Treasury, it shall be the duty of the State Treasurer to sell such part or all of the bonds as are necessary to be converted into cash to meet such demands, and, if confirmed and authorized as aforesaid, such bonds shall be sold to the Commissioners of the Land Office at par and accrued interest for either permanent or temporary investment. It shall be the mandatory duty of the Commissioners of the Land Office to purchase such of said bonds as it is necessary for the State Treasurer to sell and, to the extent necessary to carry out the provisions of this subsection, the Commissioners of the Land Office shall sell and liquidate such of their investments as they may constitutionally sell and liquidate and shall purchase such bonds with the proceeds thereof.&nbsp;</span></p> <p><span class="cls0">(d) If the Commissioners of the Land Office cannot purchase said bonds as offered by the State Treasurer as provided in subsection (c) hereof, it shall be the further duty of the State Treasurer to publish, advertise and, on the date given in the notice, sell at not less than par and accrued interest, to the highest and best bidder for cash, only so many of the bonds as will enable the state to meet such demand orders, provided, however, in lieu of so selling such bonds at the market, the State Treasurer and the Commission may agree to the refunding of part or all of such bonds, in accordance with the method and procedure for refunding provided in this act.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1949, Ex.Sess., p. 14, &sect; 5; Laws 1953, p. 282, &sect; 2; Laws 1959, p. 248, &sect; 2. &nbsp;</span></p> <p><span class="cls0">&sect;62-57.6. Sale of bonds not sold to State Treasurer or Commissioners of Land Office.&nbsp;</span></p> <p><span class="cls0">In the event said bonds, or some portion thereof, are not sold to the State Treasurer or the Commissioners of the Land Office, as authorized in Section 5 hereof, then the Commission is authorized to advertise said bonds or the unsold portion thereof, for sale to other bidders and to sell said bonds, or the unsold portion thereof, in the manner hereinafter provided. Notice of such sale shall be published at least thirty (30) days prior to the date fixed for such sale. Such notice shall be published for at least two (2) consecutive weeks in a newspaper having general circulation in the State of Oklahoma, and at least once in a financial periodical or newspaper known to have general circulation among bond dealers and bond purchasers. Such notice shall state the time and place when and where the Commission will receive written bids for the purchase of the bonds so offered for sale and shall also state that the bonds will be sold to the bidder bidding the lowest interest rate to the State of Oklahoma stating also, however, that the Commission may, in its discretion, reject all bids submitted and readvertise the bonds for sale. Such notice may contain such other conditions, information and details as the Commission deems appropriate and desirable to secure understanding of the offer and to assure maximum competition between bidders. Upon acceptance of the low bid, the bonds shall be issued in accordance therewith and shall be delivered to said purchaser upon payment of the purchase price thereof, which shall be not less than par plus accrued interest to date of delivery. Provided, however, no tender of the bonds shall be valid until after the expiration of the period of contestability, provided for herein. All bidders shall be required to submit with their bids, such good faith deposit as may to the Commission seem appropriate. Upon the acceptance of a bid, the Commission shall return to all of the unsuccessful bidders the deposits so made by them. All such deposits shall be made upon the agreement that the deposit made by the successful bidder shall become the property of the State of Oklahoma, and shall be credited upon the purchase price of the bonds so sold and with the further agreement that if the purchaser shall fail for five (5) days after tender of the bonds, to pay the balance of the purchase price, said sale shall be thereby annulled and the deposit shall in such event be retained by the State of Oklahoma and credited to the General Revenue Fund of the state.&nbsp;</span></p> <p><span class="cls0">Laws 1949, Ex.Sess., p. 15, &sect; 6.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;6257.7. Interim bonds.&nbsp;</span></p> <p><span class="cls0">The Commission is authorized to issue one or more interim bonds, representative of the bonds so sold, which said interim bonds may be in any denomination, shall have all of the qualities and be secured by all of the covenants and pledges made to secure the bonds so sold, but said interim bonds shall represent the bonded debt only until such time as the definitive bonds are printed, executed and delivered to the purchaser thereof. No tender of any such interim bonds shall be valid until the expiration of the period of contestability provided in this act. Simultaneously with delivery of the definitive bonds, any such interim bonds shall be surrendered for cancellation and canceled by the State Treasurer of Oklahoma.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1949, Ex.Sess., p. 16, &sect; 7. &nbsp;</span></p> <p><span class="cls0">&sect;6257.8. Investments in bonds Collateral security.&nbsp;</span></p> <p><span class="cls0">Any bank, trust or insurance company organized under the laws of Oklahoma may invest its capital, surplus and reserve funds and other funds under its control in bonds issued under the provisions of this act. The officers having charge of any fund of the State of Oklahoma, or any department, agency, or institution thereof or any sinking fund of any county, city, town, township, Board of Education or school district may invest such funds in bonds issued under the provisions hereof. Such bonds shall also be approved as collateral security for the deposit of any public funds and for the investment of trust funds.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1949, Ex.Sess., p. 16, &sect; 8. &nbsp;</span></p> <p><span class="cls0">&sect;6257.9. Attorney General's certificate of regularity Signatures and seals Registration.&nbsp;</span></p> <p><span class="cls0">Within ten (10) days after the sale or sales of said bonds, the Attorney General of the State of Oklahoma shall examine all of the proceedings of the Commission and all resolutions passed and actions taken by it in connection with the authorization, issuance and sale of such bonds and shall, if he finds such bond proceedings and sale to be constitutional and lawful, execute his certificate and file the same of record in the Office of the Secretary of State of the State of Oklahoma, which said certificate shall read substantially as follows: "I have examined all proceedings had in connection with the issuance of the State of Oklahoma Building Bonds in the aggregate principal amount of $.........., dated .........., authorized and sold pursuant to Section 31, Article X, Constitution of Oklahoma, and laws of the State of Oklahoma enacted pursuant thereto, and find said proceedings and sale to be constitutional, lawful and regular in all particulars and that said bonds will be valid legal general obligations of the State of Oklahoma. Unless suit thereon shall be brought in the Supreme Court of the State of Oklahoma within thirty (30) days from the date of this certificate, said bonds shall be incontestable for all purposes.&nbsp;</span></p> <p><span class="cls0">.............. .......................&nbsp;</span></p> <p><span class="cls0">Date Attorney General of the&nbsp;</span></p> <p class="cls4"><span class="cls0"> State of Oklahoma"&nbsp;</span></p> <p><span class="cls0">Upon the filing of such certificate, bonds issued pursuant to proceedings so examined by the Attorney General, shall be incontestable for all purposes upon the expiration of thirty (30) days from the date of such certificate, unless suit be brought in the Supreme Court of Oklahoma prior to the expiration of said period as provided herein.&nbsp;</span></p> <p><span class="cls0">A facsimile of such Attorney General's certificate shall appear on each bond so issued. The Supreme Court of Oklahoma is hereby vested with exclusive jurisdiction over any litigation involving the validity of any bonds issued under this act. All bonds shall bear the signature of the Governor and of the Secretary of State and shall bear the certificate required by Section 29, Article X, of the Constitution of Oklahoma. Such bonds shall also be registered by the Treasurer of the State of Oklahoma and a statement of such registration shall appear on the back of each bond. The Commission may, by resolution, prescribe that the seal of the State of Oklahoma, or the seals of any of the officers thereof, and any or all signatures required to appear on the bonds or coupons, with the exception of the Governor's signature on the bonds, may be facsimile seals and signatures.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1949, Ex.Sess., p. 17, &sect; 9. &nbsp;</span></p> <p><span class="cls0">&sect;6257.10. Delivery of bonds Deposit and investment of proceeds.&nbsp;</span></p> <p><span class="cls0">The bonds and interest coupons attached thereto shall be delivered to the purchaser thereof only upon payment of par and accrued interest to the date of delivery thereof, together with any premium bid, if any. The proceeds of the sale of said bonds shall be deposited in the State Treasury of the State of Oklahoma, in a fund which is hereby created and designated the "Building Bond Fund", where they shall remain subject to disposition to be provided for by the Legislature of Oklahoma, provided that the State Treasurer of the State of Oklahoma shall invest said monies in interest bearing direct obligations of the United States of America, or of the State of Oklahoma, and provided further that, all such investments of said monies must be so made that the same may be liquidated in time to enable the State of Oklahoma to pay, in due course, the valid indebtedness incurred for constructing, equipping, remodeling and repairing buildings of the State of Oklahoma, when said indebtedness has been incurred pursuant to legislative authority.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1949, Ex.Sess., p. 17, &sect; 10. &nbsp;</span></p> <p><span class="cls0">&sect;6257.11. Refunding bonds.&nbsp;</span></p> <p><span class="cls0">The Commission may issue bonds hereunder for the purpose of refunding any obligations issued under the provisions of this act. Such bonds may either be sold or delivered in exchange for outstanding obligations. If sold, the proceeds may be either applied to the payment of the obligations refunded or deposited in escrow for the retirement thereof. Nothing herein contained shall be construed to authorize the refunding of any outstanding obligations which are not either maturing, callable for redemption under their terms, or voluntarily surrendered by their holders for cancellation, unless the Commission covenants that sufficient funds to pay all remaining interest and principal payments of outstanding obligations when due will be placed in escrow for such purpose in the State Treasury at the time of delivery of and payment for the new bonds issued hereunder. All bonds issued under this section shall in all respects be authorized, issued and secured in the manner provided for other bonds issued under this act, and shall have all the attributes of such bonds. The Commission may provide that any such refunding bonds shall have the same priority of payment and be paid from the same revenues in the manner enjoyed by the obligations refunded thereby.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1949, Ex.Sess., p. 18, &sect; 11. &nbsp;</span></p> <p><span class="cls0">&sect;6257.12. Judicial approval of bonds.&nbsp;</span></p> <p><span class="cls0">The Commission is authorized in its discretion to file an application with the Supreme Court of Oklahoma for the approval of any series of bonds to be issued hereunder, and exclusive original jurisdiction is hereby conferred upon the Supreme Court to hear and determine each such application. It shall be the duty of the court to give such applications precedence over the other business of the court and to consider and pass upon such applications and any protests which may be filed thereto as speedily as possible. Notice of the hearing on each application shall be given by notice published in a newspaper of general circulation in the State that on a day named the Commission will ask the court to hear its application and approve the bonds. Such notice shall inform all persons interested that they may file protests against the issuance of the bonds and be present at the hearing and contest the legality thereof. Such notice shall be published one time not less than ten (10) days prior to the date named for the hearing and the hearing may be adjourned from time to time in the discretion of the court. If the court shall be satisfied that the bonds have been properly authorized in accordance with this act and Section 31, Article X, of the Constitution of Oklahoma, and that when issued they will constitute valid obligations in accordance with their terms, the court shall render its written opinion approving the bonds and shall fix the time within which a petition for rehearing may be filed. The decision of the court shall be a judicial determination of the validity of the bonds, shall be conclusive as to the State of Oklahoma, it officers, agents and instrumentalities, and thereafter the bonds so approved and the revenues pledged to their payment shall be incontestable in any court in the State of Oklahoma.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1949, Ex.Sess., p. 18, &sect; 12. &nbsp;</span></p> <p><span class="cls0">&sect;6257.13. Intent as to use of existing resources.&nbsp;</span></p> <p><span class="cls0">It is hereby declared to be the intent of the Legislature of Oklahoma, in adopting this act, that the State of Oklahoma Building Bonds authorized by this act be financed and purchased with resources possessed by the State of Oklahoma, in the custody of the State Treasurer of the State of Oklahoma and of the Commissioners of the Land Office; and that the resources in the custody of the State Treasurer be used for said purpose to the maximum extent possible before the resources of the Commissioners of the Land Office are used for said purpose.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1949, Ex.Sess., p. 19, &sect; 13. &nbsp;</span></p> <p><span class="cls0">&sect;6257.15. Intent and purpose.&nbsp;</span></p> <p><span class="cls0">It is the intent and purpose of this act to vitalize Section 33 of Article X of the Constitution of the State of Oklahoma, adopted at the special election held for such purpose on the 5th day of April, 1955, and to invoke and exercise the powers conferred upon the Legislature thereby.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1955, p. 338, &sect; 1. &nbsp;</span></p> <p><span class="cls0">&sect;6257.16. Building Bonds Commission as agency Indebtedness Purposes and limitation.&nbsp;</span></p> <p><span class="cls0">The State of Oklahoma Building Bonds Commission, created by Section 1 of House Bill No. 4 of the Extraordinary Session of the Twentysecond (1949) Oklahoma Legislature (Chapter 4 of the Session Laws of said session), acting for and on behalf of the State of Oklahoma, shall be the agency by and through which the state of Oklahoma may incur indebtedness to the extent of, but not to exceed the sum of Fifteen Million Dollars ($15,000,000.00) as principal, for the purpose of constructing new buildings and other capital improvements, and for equipping, remodeling, modernizing, and repairing any and all existing buildings and capital improvements, at the constituent institutions of The Oklahoma State System of Higher Education and other state institutions, pursuant to, and under authority of, Section 33 of Article X of the Constitution of the State of Oklahoma, and this act.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1955, p. 338, &sect; 2. &nbsp;</span></p> <p><span class="cls0">&sect;6257.17. Issuance and sale of bonds Pledges and covenants Sinking fund.&nbsp;</span></p> <p><span class="cls0">The Commission, acting for and on behalf of the State of Oklahoma, is hereby authorized and empowered to issue, sell and deliver to the State Treasurer, or to the Commissioners of the Land Office of the State of Oklahoma, or to other purchasers, as hereinafter provided for, "State of Oklahoma Buildings Bonds of 1955", in a total principal amount not to exceed Fifteen Million Dollars ($15,000,000.00). It is hereby expressly provided and pledged for the benefit of the purchasers, owners and holders of said bonds that any remainder available from the two cents ($0.02) of the tax on each package of cigarettes authorized and levied by 68 O.S.1941, Sections 538 and 586p, as amended and supplemented to the effective date of Section 31 of Article X of the Constitution of the State of Oklahoma, after the annual requirements for the payment of the interest on, and principal of, the Thirtysix Million Dollars ($36,000,000.00) of "State of Oklahoma Building Bonds" authorized by Section 31 of Article X of the Constitution of the State of Oklahoma and Chapter 4 of House Bill No. 4 of the Extraordinary Session of the Twentysecond (1949) Oklahoma Legislature have been fully met and said Thirtysix Million Dollars ($36,000,000.00) bond issue fully retired as to both principal and interest or so much of said remainder as shall be necessary, and, thereafter, the full amount of said two cents ($0.02) of said tax on each package of cigarettes, or so much thereof as may be necessary, and if, at any time, said remainder of said two cents ($0.02) of the tax on each package of cigarettes, or said two cents ($0.02) of the tax on each package of cigarettes, as the case might be, shall not be sufficient for said purpose, three cents ($0.03) of the tax now imposed, or which may hereafter be imposed, on each package of cigarettes containing more than twenty cigarettes, or so much of said three cents ($0.03) of said tax as may be necessary, shall be devoted irrevocably to the payment and discharge of the interest on, and the principal of, the bonds issued hereunder as the same become due, and to create an adequate reserve to assure such payments when due; and said revenues shall be, and hereby are, irrevocably pledged for such purposes. There is hereby created, in the State Treasury, a fund to be known as the "State of Oklahoma Building Bonds of 1955 Sinking Fund," which sinking fund is hereby irrevocably pledged to the payment of the interest on, and principal of, the bonds issued hereunder; and monies to the credit thereof shall be paid out only in the manner and at the time and places provided for in the resolution or resolutions of the Commission authorizing the issuance of the bonds. Beginning July 1, 1955, the Oklahoma Tax Commission, when transmitting to the State Treasurer the monthly collection of the tax on cigarettes, hereinabove mentioned, shall also transmit to the State Treasurer a schedule showing the net proceeds of two cents ($0.02) of the tax on each package of twenty cigarettes or less, and the net proceeds of three cents ($0.03) of the tax on each package of more than twenty cigarettes. It shall be the duty of the State Treasurer, upon receiving said taxes and schedules from the Oklahoma Tax Commission, to deposit in said sinking fund, such portions of the cigarette tax or taxes hereinabove pledged to the payment of the bonds issued hereunder as may be necessary to assure prompt payment of the interest on, and the principal of, said bonds as the same falls due and to comply with the covenants hereof with respect to reserve requirements. The cigarette tax monies hereinabove pledged to the retirement of said bonds shall constitute the primary revenue dedicated to the payment of the interest on, and the principal of, the bonds issued hereunder, but it is further pledged, for the purchasers, owners and holders of said bonds, that the State of Oklahoma will, if and when it shall appear to be necessary, devote, irrevocably, to the payment of the interest on, and principal of, said bonds, any funds available in any fund or funds of the state not created or realized from ad valorem tax sources or so much thereof as may be necessary for such purpose, and, if the funds hereinabove mentioned are not sufficient for such purpose, will impose and collect a tax, other than an ad valorem tax, and devote the same, or so much thereof as may be necessary, to the payment of the interest on, and principal of, the bonds issued hereunder. The bonds issued hereunder, and the interest thereon, shall be general obligations of the State of Oklahoma, and the full faith, credit and resources of the State of Oklahoma are pledged to their payment. The Commission is authorized to incorporate in the face of each of the bonds issued under this act, pledges the same or substantially the same as those made herein. The pledges and covenants so made by the Commission shall constitute the commitment of the State of Oklahoma, made in full good faith, in its sovereign capacity, and shall be binding upon said state and the Legislature, officers, instrumentalities and agents thereof, so long as any of the interest on, or principal of, said bonds shall remain outstanding and unpaid. The Commission is authorized to make such other equallybinding covenants and agreements, not inconsistent with this act or Section 33 of Article X of the Constitution of the State of Oklahoma, as it deems to be needful and appropriate to the general purpose of effectuating this act.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1955, p. 338, &sect; 3. &nbsp;</span></p> <p><span class="cls0">&sect;6257.18. Form and terms Call and redemption Negotiability Tax exempt.&nbsp;</span></p> <p><span class="cls0">Bonds issued under this act shall be serial coupon bonds and shall be issued to mature One Million Five Hundred Thousand Dollars ($1,500,000.00) in each of the calendar years 1973 through 1982, both inclusive, or if issued in series in proportionate amount thereof. Said bonds and the interest thereon shall be payable at the office of the State Treasurer of the State of Oklahoma, and, if the bonds shall be sold to private purchasers, at a fiscal agency in Oklahoma and/or New York City to be designated by the State of Oklahoma Building Bonds Commission. Said bonds may be executed in such manner, may be issued in one or more series, may bear such date or dates, may be in such denomination or denominations, may provide for a reserve to assure prompt payment of the principal and interest of the bonds, may be in such form either coupon or registered, may be payable in such medium of payment at such times, as may be provided by resolution or resolutions to be adopted by the State of Oklahoma Building Bonds Commission. Provided, that all such bonds maturing after ten (10) years from their dates may be subject to call and redemption, in inverse order of bond numbers, at par and accrued interest, with the detailed provisions for such calling and redemption thereof to be fixed by the Commission in the resolution or resolutions for the issuance of such bonds. Until such time as the State of Oklahoma Building Bonds of 1955 Sinking Fund shall be sufficient to retire all outstanding bonds and interest coupons, there shall be paid into said sinking fund during each fiscal year, from the sources hereinabove pledged such amounts as may be necessary to pay the interest and principal payable during the next succeeding fiscal year, and an amount sufficient to satisfy the reserve requirements as fixed and provided by the State of Oklahoma Building Bonds Commission in its resolution authorizing the issuance of said bonds. In the event the bonds herein authorized to be issued and sold are sold to the State Treasurer or to the Commissioners of the Land Office of the State of Oklahoma, then, and in that event, all money in the State of Oklahoma Building Bonds of 1955 Sinking Fund at the close of any fiscal year, in excess of a sum equal to all principal and interest coming due on said bonds in the next succeeding fiscal year, shall be transferred by the State Treasurer to the General Revenue Fund of the state to be used as other monies accruing to said fund. All bonds issued pursuant to this act shall have all the qualities and incidents of negotiable paper, and neither said bonds nor the interest earned thereon shall be subject to taxation by the State of Oklahoma or any county, municipality or political subdivision thereof.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1955, p. 339, &sect; 4. &nbsp;</span></p> <p><span class="cls0">&sect;6257.19. Sales to State Treasurer and Commissioners of Land Office.&nbsp;</span></p> <p><span class="cls0">(a) The State Treasurer of the State of Oklahoma, is hereby authorized and required to purchase from the Commission at private sale, all or any part of said bonds, or interim bonds, as an investment of the public monies in his possession. It shall be the responsibility of the State Treasurer to invest only that portion of such public monies as the State Treasurer deems to be more than sufficient to meet current expenditures payable from public monies. The State Treasurer is authorized and required to buy, and the Commission is authorized and required to sell to the State Treasurer at private sale as provided in this section so many of the bonds authorized by this act, as may be safely purchased for investment of public monies by the State Treasurer, without handicapping the State of Oklahoma in promptly meeting its obligations. In event of such sale or sales, the Commission shall determine and fix the rate of interest the bonds so sold shall bear, such rate of interest not to exceed two and onehalf percent (2 1/2%) per annum. All interest earned by such bonds as are held by the State Treasurer pursuant to such investment shall, as collected, be paid into the State of Oklahoma Building Bonds of 1955 Sinking Fund.&nbsp;</span></p> <p><span class="cls0">(b) If the State Treasurer is unable to purchase all of the bonds at the original sale thereof as provided in subsection (a) hereof, then it shall be the mandatory duty of the Commissioners of the Land Office to purchase, at private sale, the bonds which the State Treasurer is unable to purchase. In such event, the Commissioners of the Land Office shall, to the extent necessary to carry out the provisions of this subsection, sell and liquidate such of their investments as they may constitutionally sell and liquidate, and shall purchase such bonds with the proceeds thereof. All State of Oklahoma Building Bonds of 1955 purchased by the Commissioners of the Land Office under the provisions of this subsection shall provide for a rate of interest equal to the average interest yield of the securities sold and liquidated to make such purchase, but in no event more than two and onehalf percent (2 1/2%) per annum.&nbsp;</span></p> <p><span class="cls0">(c) In the event any or all of the bonds are sold to the State Treasurer under the provisions of subsection (a) hereof and thereafter the uninvested cash on hand and in solvent banks should fall short of demand orders on the State Treasury, it shall be the duty of the State Treasurer to sell such part or all of the bonds as are necessary to be converted into cash to meet such demands, and, if confirmed and authorized as aforesaid, such bonds shall be sold to the Commissioners of the Land Office at par and accrued interest for either permanent or temporary investment. It shall be the mandatory duty of the Commissioners of the Land Office to purchase such of said bonds as it is necessary for the State Treasurer to sell and, to the extent necessary to carry out the provisions of this subsection, the Commissioners of the Land Office shall sell and liquidate such of their investments as they may constitutionally sell and liquidate and shall purchase such bonds with the proceeds thereof.&nbsp;</span></p> <p><span class="cls0">(d) If the Commissioners of the Land Office cannot purchase said bonds as offered by the State Treasurer as provided in subsection (c) hereof, it shall be the further duty of the State Treasurer to publish, advertise and, on the date given in the notice, sell at not less than par and accrued interest, to the highest and best bidder for cash, only so many of the bonds as will enable the state to meet such demand orders, provided, however, in lieu of so selling such bonds at the market, the State Treasurer and the Commission may agree to the refunding of part or all of such bonds, in accordance with the method and procedure for refunding provided in this act.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1955, p. 340, &sect; 5. &nbsp;</span></p> <p><span class="cls0">&sect;6257.20. Sales to others than Treasurer or Commissioners.&nbsp;</span></p> <p><span class="cls0">In the event said bonds, or some portion thereof, are not sold to the State Treasurer or the Commissioners of the Land Office, as authorized in Section 5 hereof, then the Commissioner is authorized to advertise said bonds or the unsold portion thereof, for sale to other bidders and to sell said bonds, or the unsold portion thereof, in the manner hereinafter provided. Notice of such sale shall be published at least thirty (30) days prior to the date fixed for such sale. Such notice shall be published for at least two (2) consecutive weeks in a newspaper having general circulation in the State of Oklahoma, and at least once in a financial periodical or newspaper known to have general circulation among bond dealers and bond purchasers. Such notice shall state the time and place when and where the Commission will receive written bids for the purchase of the bonds so offered for sale and shall also state that the bonds will be sold to the bidder bidding the lowest interest rate to the State of Oklahoma stating also, however, that the Commission may, in its discretion, reject all bids submitted and readvertise the bonds for sale. Such notice may contain such other conditions, information and details as the Commission deems appropriate and desirable to secure understanding of the offer and to assure maximum competition between bidders. Upon acceptance of the low bid (which shall not exceed an average rate of interest exceeding three percent (3%) per annum), the bonds shall be issued in accordance therewith and shall be delivered to said purchaser upon payment of the purchase price thereof, which shall be not less than par plus accrued interest to date of delivery. Provided, however, no tender of the bonds shall be valid until after the expiration of the period of contestability, provided for herein. All bidders shall be required to submit with their bids, such good faith deposit as may to the Commission seem appropriate. Upon the acceptance of a bid, the Commission shall return to all of the unsuccessful bidders the deposits so made by them. All such deposits shall become the property of the State of Oklahoma, and shall be credited upon the purchase price of the bonds so sold and with the further agreement that if the purchaser shall fail for five (5) days after the tender of the bonds, to pay the balance of the purchase price, said sale shall be thereby annulled and the deposit shall in such event be retained by the State of Oklahoma and credited to the General Revenue Fund of the state.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1955, p. 341, &sect; 6. &nbsp;</span></p> <p><span class="cls0">&sect;6257.21. Interim bonds.&nbsp;</span></p> <p><span class="cls0">The Commission is authorized to issue one or more interim bonds, representative of the bonds so sold, which said interim bonds may be in any denomination, shall have all the qualities and be secured by all of the covenants and pledges made to secure the bonds so sold, but said interim bonds shall represent the bonded debt only until such time as the definitive bonds are printed, executed and delivered to the purchaser thereof. No tender of any such interim bonds shall be valid until the expiration of the period of contestability provided in this Act. Simultaneously with delivery of the definitive bonds, any such interim bonds shall be surrendered for cancellation and canceled by the state Treasurer of Oklahoma.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1955, p. 342, &sect; 7. &nbsp;</span></p> <p><span class="cls0">&sect;6257.22. Investment Approval as collateral security.&nbsp;</span></p> <p><span class="cls0">Any bank, trust or insurance company organized under the laws of Oklahoma may invest its capital, surplus and reserve funds and other funds under its control in bonds issued under the provisions of this act. The officers having charge of any fund of the State of Oklahoma, or any department, agency, or institution thereof or any sinking fund of any county, city, town, township, board of education or school district may invest such funds in bonds issued under the provisions hereof. Such bonds shall also be approved as collateral security for the deposit of any public funds and for the investment of trust funds.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1955, p. 342, &sect; 8. &nbsp;</span></p> <p><span class="cls0">&sect;6257.23. Attorney General's certificate Registration Signatures and seals.&nbsp;</span></p> <p><span class="cls0">Within ten (10) days after the sale or sales of said bonds, the Attorney General of the State of Oklahoma shall examine all of the proceedings of the Commission and all resolutions passed and actions taken by it in connection with the authorization, issuance and sale of such bonds and shall, if he finds such bond proceedings and sale to be constitutional and lawful, execute his certificate and file the same of record in the office of the Secretary of State of the State of Oklahoma, which said certificate shall read substantially as follows: "I have examined all proceedings had in connection with the issuance of the State of Oklahoma Building Bonds of 1955 in the aggregate principal amount of $... Dated ......., authorized and sold pursuant to Section 33, Article X, Constitution of Oklahoma, and laws of the State of Oklahoma enacted pursuant thereto, and find said proceedings and sale to be constitutional, lawful and regular in all particulars and that said bonds will be valid legal general obligations of the State of Oklahoma. Unless suit thereon shall be brought in the Supreme Court of the State of Oklahoma within thirty (30) days from the date of this certificate, said bonds shall be incontestable for all purposes. Date ....... Attorney General of the State of Oklahoma". Upon the filing of such certificate, bonds issued pursuant to proceedings so examined by the Attorney General, shall be incontestable for all purposes upon the expiration of thirty (30) days from the date of such certificate, unless suit be brought in the Supreme Court of Oklahoma prior to the expiration of said period as provided herein.&nbsp;</span></p> <p><span class="cls0">A facsimile of such Attorney General's certificate shall appear on each bond so issued. The Supreme Court of Oklahoma is hereby vested with exclusive jurisdiction over any litigation involving the validity of any bonds issued under this Act. All bonds shall bear the signature of the Governor and of the Secretary of State and shall bear the certificate required by Section 29, Article X, of the Constitution of Oklahoma. Such bonds shall also be registered by the Treasurer of the State of Oklahoma and a statement of such registration shall appear on the back of each bond. The Commission may, by resolution, prescribe that the seal of the State of Oklahoma, or the seals of any of the officers thereof, and any or all signatures required to appear on the bonds or coupons, with the exception of the Governor's signature on the bonds, may be facsimile seals and signatures.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1955, p. 342, &sect; 9. &nbsp;</span></p> <p><span class="cls0">&sect;6257.24. Delivery of bonds upon payment Deposit and investment of proceeds.&nbsp;</span></p> <p><span class="cls0">The bonds and interest coupons attached thereto shall be delivered to the purchaser thereof only upon payment of par and accrued interest to the date of delivery thereof, together with any premium bid, if any. The proceeds of the sale of said bonds shall be deposited in the State Treasury of the State of Oklahoma, in a fund which is hereby created and designated the "1955 Building Bond Fund", where they shall remain subject to disposition to be provided for by Legislature of Oklahoma, provided that the State Treasurer of the State of Oklahoma shall invest said monies in interestbearing direct obligations of the United States of America, or of the State of Oklahoma, and provided further that, all such investments of said monies must be so made that the same may be liquidated in time to enable the State of Oklahoma to pay, in due course, the valid indebtedness incurred for the purpose for which said bonds are issued, when the said indebtedness has been incurred pursuant to legislative authority.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1955, p. 343, &sect; 10. &nbsp;</span></p> <p><span class="cls0">&sect;6257.25. Refunding bonds.&nbsp;</span></p> <p><span class="cls0">The Commission may issue bonds hereunder for the purpose of refunding any obligations issued under the provisions of this act. Such bonds may either be sold or delivered in exchange for outstanding obligations. If sold, the proceeds may be either applied to the payment of the obligations refunded or deposited in escrow for the retirement thereof. Nothing herein shall be construed to authorize the refunding of any outstanding obligations which are not either maturing, or callable for redemption under their terms, or voluntarily surrendered by their holders for cancellation, unless the Commission covenants that sufficient funds to pay all remaining interest and principal payments of outstanding obligations when due will be placed in escrow for such purpose in the State Treasury at the time of delivery of and payment for the new bonds issued hereunder. All bonds issued under this section shall in all respects be authorized, issued and secured in the manner provided for other bonds issued under this act, and shall have all the attributes of such bonds. The Commission may provide that any such refunding bonds shall have the same priority of payment and be paid from the same revenues in the manner enjoyed by the obligations refunded thereby.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1955, p. 343, &sect; 11. &nbsp;</span></p> <p><span class="cls0">&sect;6257.26. Approval of bonds by Supreme Court.&nbsp;</span></p> <p><span class="cls0">The Commission is authorized in its discretion to file an application with the Supreme Court of Oklahoma for the approval of any series of bonds to be issued hereunder, and exclusive original jurisdiction is hereby conferred upon the Supreme Court to hear and determine each such application. It shall be the duty of the court to give such applications precedence over the other business of the court and to consider and pass upon such applications and any protests which may be filed thereto as speedily as possible. Notice of the hearing on each application shall be given by notice published in a newspaper of general circulation in the state that on a day named the Commission will ask the court to hear its application and approve the bonds. Such notice shall inform all persons interested that they may file protests against the issuance of the bonds and be present at the hearing and contest the legality thereof. Such notice shall be published one time not less than ten (10) days prior to the date named for the hearing and the hearing may be adjourned from time to time in the discretion of the court. If the court shall be satisfied that the bonds have been properly authorized in accordance with this act and Section 33, Article X, of the Constitution of Oklahoma, and that when issued they will constitute valid obligations in accordance with their terms, the court shall render its written opinion approving the bonds and shall fix the time within which a petition for rehearing may be filed. The decision of the court shall be a judicial determination of the validity of the bonds, shall be conclusive as to the State of Oklahoma, its officers, agents and instrumentalities, and thereafter the bonds so approved and the revenues pledged to their payment shall be incontestable in any court in the State of Oklahoma.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1955, p. 343, &sect; 12. &nbsp;</span></p> <p><span class="cls0">&sect;6257.27. Intent as to resources of state.&nbsp;</span></p> <p><span class="cls0">It is hereby declared to be the intent of the Legislature of Oklahoma, in adopting this act, that the State of Oklahoma Building Bonds of 1955 authorized by this act be financed and purchased with resources possessed by the State of Oklahoma, in the custody of the State Treasurer of the State of Oklahoma and of the Commissioners of the Land Office; and that the resources in the custody of the State Treasurer be used for said purpose to the maximum extent possible before the resources of the Commissioners of the Land Office are used for said purpose.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1955, p. 343, &sect; 13. &nbsp;</span></p> <p><span class="cls0">&sect;6257.31. Intent and purpose.&nbsp;</span></p> <p><span class="cls0">It is the intent and purpose of this act to vitalize Section 34 of Article X of the Constitution of the State of Oklahoma, adopted at the special election held for such purpose on the 5th day of July, 1960, and to invoke and exercise the powers conferred upon the Legislature thereby.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1961, p. 462, &sect; 1. &nbsp;</span></p> <p><span class="cls0">&sect;6257.32. Building Bonds Commission Indebtedness Purposes.&nbsp;</span></p> <p><span class="cls0">The State of Oklahoma Building Bonds Commission, created by Title 62, Oklahoma Statutes 1951, Section 57.1 acting for and on behalf of the State of Oklahoma, shall be the agency by and through which the State of Oklahoma shall incur indebtedness to the extent of the sum of Thirtyfive Million Five Hundred Thousand Dollars ($35,500,000.00) as principal, for the purpose of constructing new buildings and other capital improvements, and for equipping, remodeling, modernizing and repairing any and all existing buildings and capital improvements, at the constituent institutions of the Oklahoma State System of Higher Education provided that Five Million Dollars ($5,000,000.00) thereof shall be used to construct and equip a school and hospital for mentally retarded children in Northeastern Oklahoma pursuant to, and under authority of, Section 34 of Article X of the Constitution of the State of Oklahoma, and this act.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1961, p. 462, &sect; 2. &nbsp;</span></p> <p><span class="cls0">&sect;6257.33. Issuance and sale of bonds Pledges Sinking fund.&nbsp;</span></p> <p><span class="cls0">The Commission, acting for and on behalf of the State of Oklahoma, shall issue, sell, and deliver as hereinafter provided, "State of Oklahoma Building Bonds of 1961" in a total principal amount of Thirtyfive Million Five Hundred Thousand Dollars ($35,500,000.00). It is hereby expressly provided and pledged for the benefit of the purchasers, owners, and holders of said bonds that three cents ($0.03) of the five cents ($0.05) of the tax on each package of cigarettes levied by 68 O.S.1951, Section 586a, as amended, constituting the remainder of revenue available from the revenues lawfully levied and collected by the State of Oklahoma on the sale of cigarettes not already committed to other obligations of the State of Oklahoma, or so much as may be necessary, shall be devoted irrevocably to the payment and discharge of the interest on, and the principal of, the bonds issued hereunder as the same become due, and to create an adequate reserve to assure such payments when due; and said revenues shall be, and hereby are, irrevocably pledged for such purposes. There is hereby created, in the State Treasury, a fund to be known as the "State of Oklahoma Building Bonds of 1961 Sinking Fund" which sinking fund is hereby irrevocably pledged to the payment of the interest on, and principal of, the bonds issued hereunder; and monies to the credit thereof shall be paid out only in the manner and at the time and places provided for in the resolution or resolutions of the Commission authorizing the issuance of the bonds. Beginning July 1, 1961, the Oklahoma Tax Commission, when transmitting to the State Treasurer the monthly collection of the tax on cigarettes, shall also transmit to the State Treasurer a schedule showing the net proceeds of three cents ($0.03) of the tax on each package of cigarettes levied by 68 O.S.1951, Section 568a, as amended. It shall be the duty of the State Treasurer, upon receiving said taxes and schedules from the Oklahoma Tax Commission, to deposit in said sinking fund, such portions of the cigarette tax or taxes hereinabove pledged to the payment of the bonds issued hereunder as may be necessary to assure prompt payment of the interest on, and the principal of, said bonds as the same falls due and to comply with the convenants hereof with respect to reserve requirements. The State Treasurer shall deposit in the abovecreated sinking fund for the fiscal years 19611962 and 19621963 only, the sum of One Million Five Hundred Thousand Dollars ($1,500,000.00) each year. The State Treasurer in each fiscal year commencing July 1, 1963, shall deposit in the abovecreated sinking fund the sum of One Million Five Hundred Thousand Dollars ($1,500,000.00), each fiscal year, plus the amount necessary to pay interest for each fiscal year. In the event that the payments into the abovecreated sinking fund in any fiscal year plus the accumulation in such sinking fund is not sufficient to pay the principal and interest due the following July 15, then it shall be the duty of the State Treasurer to pay into said sinking fund from the cigarette funds such sum of money as may be necessary to pay said principal and interest. The cigarette tax monies hereinabove pledged to the retirement of said bonds shall constitute the primary revenue dedicated to the payment of the interest on, and the principal of, the bonds issued hereunder, but it is further pledged, for the purchasers, owners, and owner of said bonds, that the State of Oklahoma, if and when it shall appear to be necessary, hereby devotes irrevocably to the payment of the interest on, and principal of said bonds, any monies in the General Revenue Fund of the State of Oklahoma not otherwise obligated, committed or appropriated, and the State Treasurer is directed to apply such General Revenue Fund of the State of Oklahoma for such purpose. The State of Oklahoma further pledges to the purchasers, owners, and holders of said bonds that it will, if and when it shall appear to be necessary, impose and collect a tax and devote the proceeds thereof, or so much thereof as may be necessary, for the purpose of paying the principal and interest of the bonds issued hereunder as they come due. The bonds issued hereunder, and the interest thereon, shall be general obligations of the State of Oklahoma, and the full faith, credit and resources of the State of Oklahoma are pledged to their payment. The Commission is authorized to incorporate in the face of each of the bonds issued under this act, pledges the same or substantially the same as those made herein. The pledges and covenants so made by the Commission shall constitute the commitment of the State of Oklahoma, made in full good faith, in its sovereign capacity, and shall be binding upon said state and the Legislature, officers, instrumentalities, and agents thereof, so long as any of the interest on, or principal of, said bonds shall remain outstanding and unpaid. The Commission is authorized to make such other equallybinding convenants and agreements, not inconsistent with this act or Section 34 of Article X of the Constitution of the State of Oklahoma, relating to indebtedness for capital improvements to institutions of higher education, adopted July 5, 1960, as it deems to be needful and appropriate to the general purpose of effectuating this act. As used herein, "68 O.S.1951, Section 586a, as amended," shall be deemed to refer to said Section 586a as amended to the effective date of House Bill No. 705 Of the Twentyeighth Oklahoma Legislature.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1961, p. 462, &sect; 3; Laws 1961, p. 467, &sect; 1; Laws 1965, c. 503, &sect; 1, emerg. eff. July 19, 1965. &nbsp;</span></p> <p><span class="cls0">&sect;6257.34. Form and terms Call and redemption Negotiability Tax exemption.&nbsp;</span></p> <p><span class="cls0">Bonds issued under this act shall be serial coupon bonds. Said bonds and the interest thereon shall be payable at such place or places as may be designated by the State of Oklahoma Building Bonds Commission. Said bonds may be issued in one or more series, may bear such date or dates, not earlier than July 15, 1961, shall mature as follows: One Million Five Hundred Thousand Dollars ($1,500,000.00) on July 15, 1964, One Million Five Hundred Thousand Dollars ($1,500,000.00) on the 15th day of July of each year thereafter to and including July 15, 1985, and Two Million Five Hundred Thousand Dollars ($2,500,000.00) on July 15, 1986 with interest payable semiannually on January 15 and July 15 of each year, may be in such denomination or denominations, may provide for a reserve to assure prompt payment of the principal and interest of the bonds, may be in such form either coupon or registered, may carry such registration or conversion privileges, may be executed in such manner, may be payable in such medium or payment at such place or places, as may be provided by resolution or resolutions to be adopted by the State of Oklahoma Building Bonds Commission. Provided, that all such bonds maturing on and after ten (10) years from their dates may be subject to call and redemption, in inverse order of bond numbers, at par and accrued interest, with the detailed provisions for such calling and redemption thereof to be fixed by the Commission in the resolution or resolutions for the issuance of such bonds. Until such time as the State of Oklahoma Building Bonds of 1961 Sinking Fund shall be sufficient to retire all outstanding bonds and interest coupons, there shall be paid into said sinking fund during each fiscal year, from the sources hereinabove pledged such amounts as may be necessary to pay the interest and principal payable during the next succeeding fiscal year, and an amount sufficient to satisfy the reserve requirements as fixed and provided by the State of Oklahoma Building Bonds Commission in its resolution authorizing the issuance of said bonds. All bonds issued pursuant to this act shall have all the qualities and incidents of negotiable paper, and neither said bonds nor the interest earned thereon shall be subject to taxation by the State of Oklahoma or any county, municipality or political subdivision thereof.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1961, p. 464, &sect; 4. &nbsp;</span></p> <p><span class="cls0">&sect;6257.35. Advertisement and sale of bonds.&nbsp;</span></p> <p><span class="cls0">The Commission shall advertise said bonds for sale in the manner hereinafter provided. Notice of such sale shall be published at least twenty (20) days prior to the date fixed for such sale. Such notice shall be published for at least two (2) consecutive weeks in a newspaper having general circulation in the State of Oklahoma, and at least once in a financial periodical or newspaper known to have general circulation among bond dealers and bond purchasers. Such notice shall state the time and place when and where the Commission will receive written bids for the purchase of the bonds so offered for sale and shall also state that the bonds will be sold to the bidder bidding the lowest interest rate to the State of Oklahoma stating also, however, that the Commission may, in its discretion, reject all bids submitted and readvertise the bonds for sale. Such notice may contain such other conditions, information and details as the Commission deems appropriate and desirable to secure understanding of the offer and to assure maximum competition between bidders. Upon acceptance of the low bid (which shall not exceed an average rate of interest exceeding three and sixtenths percent (3 6/10%) per annum), the bonds shall be issued in accordance therewith and shall be delivered to said purchaser upon payment of the purchase price thereof, which shall be not less than par plus accrued interest to date of delivery. Provided, however, no tender of the bonds shall be valid until after the expiration of the period of contestability, provided for herein. All bidders shall be required to submit with their bids such good faith deposit as may to the Commission seem appropriate. Upon the acceptance of a bid, the Commission shall return to all of the unsuccessful bidders the deposits so made by them. All such deposits by the successful bidder shall become the property of the State of Oklahoma, and shall be credited upon the purchase price of the bonds so sold and with the further agreement that if the purchaser shall fail for five (5) days after the tender of the bonds, to pay the balance of the purchase price, said sale shall be thereby annulled and the deposit shall in such event be retained by the State of Oklahoma and credited to the General Revenue Fund of the state.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1961, p. 464, &sect; 5. &nbsp;</span></p> <p><span class="cls0">&sect;6257.36. Interim bonds.&nbsp;</span></p> <p><span class="cls0">The Commission is authorized to issue one or more interim bonds representative of the bonds so sold, which interim bonds may be in any denomination, shall have all the qualities and be secured by all the covenants and pledges made to secure the bonds so sold, but said interim bonds shall represent the bonded debt only until such time as the definitive bonds are printed, executed and delivered to the purchaser thereof. No tender of any such interim bonds shall be valid until the expiration of the period of contestability provided in this act. Simultaneously with delivery of the definitive bonds, any such interim bonds shall be surrendered for cancellation and cancelled by the State Treasurer of Oklahoma.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1961, p. 465, &sect; 6. &nbsp;</span></p> <p><span class="cls0">&sect;6257.37. Investment Approval as collateral security.&nbsp;</span></p> <p><span class="cls0">Any bank, trust or insurance company organized under the laws of Oklahoma may invest its capital, surplus and reserve funds and other funds under its control in bonds issued under the provisions of this act. The officers having charge of any fund of the State of Oklahoma, or any department, agency, or institution thereof or any sinking fund of any county, city, town, township, board of education or school district may invest such funds in bonds issued under the provisions hereof. Such bonds shall also be approved as collateral security for the deposit of any public funds and for the investment of trust funds.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1961, p. 465, &sect; 7. &nbsp;</span></p> <p><span class="cls0">&sect;62-57.38. Certificate of Attorney General - Signatures and seals.&nbsp;</span></p> <p><span class="cls0">Within ten (10) days after the sale or sales of said bonds, the Attorney General of the State of Oklahoma shall examine all of the proceedings of the Commission and all resolutions passed and actions taken by it in connection with the authorization and issuance and sale of such bonds and shall, if he finds such bond proceedings and sale to be constitutional and lawful, execute his certificate and file the same of record in the Office of the Secretary of State of the State of Oklahoma, which said certificate shall read substantially as follows: "I have examined all proceedings had in connection with the issuance of the State of Oklahoma Building Bonds of 1961 in the aggregate principal amount of Thirty-five Million Five Hundred Thousand Dollars ($35,500,000.00) dated , authorized and sold pursuant to Section 34, Article X, Constitution of Oklahoma, and laws of the State of Oklahoma enacted pursuant thereto, and find said proceedings and sale to be constitutional, lawful and regular in all particulars and that said bonds will be valid legal general obligations of the State of Oklahoma. Unless suit thereon shall be brought in the Supreme Court of the State of Oklahoma within thirty (30) days from the date of this certificate, said bonds shall be incontestable for all purposes. Date , Attorney General of the State of Oklahoma". Upon the filing of such certificate, bonds issued pursuant to proceedings so examined by the Attorney General, shall be incontestable for all purposes upon the expiration of thirty (30) days from the date of such certificate, unless suit be brought in the Supreme Court of Oklahoma prior to the expiration of said period as provided herein.&nbsp;</span></p> <p><span class="cls0">A facsimile of such Attorney General's certificate shall appear on each bond so issued. The Supreme Court of Oklahoma is hereby vested with exclusive jurisdiction over any litigation involving the validity of any bonds issued under this act. All bonds shall bear the signature of the Governor and of the Secretary of State and shall bear the certificate required by Section 29, Article X, of the Constitution of Oklahoma. Such bonds shall also be registered by the Treasurer of the State of Oklahoma and a statement of such registration shall appear on the back of each bond. The Commission may, by resolution, prescribe that the seal of the State of Oklahoma, or the seals of any of the officers thereof, and any or all signatures required to appear on the bonds or coupons, with the exception of the Governor's signature on the bonds, may be facsimile seals and signatures.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 465, &sect; 8, emerg. eff. May 11, 1961.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-57.39. Delivery of bonds upon payment - Deposit and investment of proceeds - Interest.&nbsp;</span></p> <p><span class="cls0">The bonds and interest coupons attached thereto shall be delivered to the purchaser thereof only upon payment of par and accrued interest to the date of delivery thereof, together with any premium bid. The proceeds of the sale of said bonds shall be deposited in the State Treasury of this state, in a fund which is hereby created and designated the "1961 Building Bond Fund", where they shall remain subject to disposition to be provided for by the Legislature of this state, provided that the State Treasurer, when so directed by the Director of the Office of Management and Enterprise Services and the Oklahoma State Regents for Higher Education acting on behalf of the governing boards, according to the funds allocated, as to the amounts available for investment shall invest said designated amounts of the 1961 Building Bond Fund in direct obligations of the United States of America or in certificates of deposits from banks in this state acceptable as depositories by the State Treasurer when such certificates of deposits are secured by acceptable collateral and yield as much as or more than direct obligations of the United States of America. All such investments of said monies must be so made that the same shall mature in time to enable this state to issue warrants for payment of the valid indebtedness incurred for the purpose for which said bonds are issued, when the said indebtedness has been incurred pursuant to legislative authority. The Director of the Office of Management and Enterprise Services and the Oklahoma State Regents for Higher Education shall promptly certify to the State Treasurer the amount of all sums not needed for payment of construction and other legal expenditures payable from the 1961 Building Bond Fund to meet the construction payment schedule, and upon receipt of such certification the State Treasurer shall forthwith make the investment specified in this section. All interest received by the State Treasurer upon the securities referred to in this section shall be deposited in the 1961 Building Bond Fund.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 466, &sect; 9, emerg. eff. May 11, 1961. Amended by Laws 1983, c. 304, &sect; 55, eff. July 1, 1983; Laws 1989, c. 343, &sect; 7, operative July 1, 1989; Laws 2012, c. 304, &sect; 430.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;6257.40. Investment of sinking fund monies.&nbsp;</span></p> <p><span class="cls0">The State Treasurer shall invest all sinking fund monies in direct obligations of the United States of America or in certificates of deposits from banks in the State of Oklahoma acceptable as depositories by the State Treasurer when such certificates of deposits are secured by acceptable collateral and yield as much or more than direct obligations of the United States of America, to mature in time to meet the principal and interest payments on the 1961 Building Bonds, which earnings shall be deposited in the sinking fund.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1961, p. 466, &sect; 10. &nbsp;</span></p> <p><span class="cls0">&sect;6257.41. Refunding bonds.&nbsp;</span></p> <p><span class="cls0">The Commission may issue bonds hereunder for the purpose of refunding any obligations issued under the provisions of this act. Such bonds may either be sold or delivered in exchange for outstanding obligations. If sold, the proceeds may be either applied to the payment of the obligations refunded or deposited in escrow for the retirement thereof. Nothing herein shall be construed to authorize the refunding of any outstanding obligations which are not either maturing, or callable for redemption under their terms, or voluntarily surrendered by their holders for cancellation, unless the Commission covenants that sufficient funds to pay all remaining interest and principal payments of outstanding obligations when due will be placed in escrow for such purpose in the State Treasury at the time of delivery of and payment for the new bonds issued hereunder. All bonds issued under this section shall in all respects be authorized, issued and secured in the manner provided for other bonds issued under this act, and shall have all the attributes of such bonds. The Commission may provide that any such refunding bonds shall have the same priority of payment and be paid from the same revenues in the manner enjoyed by the obligations refunded thereby.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1961, p. 466, &sect; 11. &nbsp;</span></p> <p><span class="cls0">&sect;6257.42. Approval of bonds by Supreme Court.&nbsp;</span></p> <p><span class="cls0">The Commission is authorized in its discretion to file an application with the Supreme Court of Oklahoma for the approval of any series of bonds to be issued hereunder, and exclusive original jurisdiction is hereby conferred upon the Supreme Court to hear and determine each such application. It shall be the duty of the Court to give such applications precedence over the other business of the court and to consider and pass upon such applications and any protests which may be filed thereto as speedily as possible. Notice of the hearing on each application shall be given by notice published in an newspaper of general circulation in the state that on a day named the Commission will ask the Court to hear its application and approve the bonds. Such notice shall inform all persons interested that they may file protests against the issuance of the bonds and be present at the hearing and contest the legality thereof. Such notice shall be published one time not less than ten (10) days prior to the date named for the hearing and the hearing may be adjourned from time to time in the discretion of the Court. If the Court shall be satisfied that the bonds have been properly authorized in accordance with this act and Section 34, Article X, of the Constitution of Oklahoma, and that when issued they will constitute valid obligations in accordance with their terms, the Court shall render its written opinion approving the bonds and shall fix the time within which a petition for rehearing may be filed. The decision of the Court shall be a judicial determination of the validity of the bonds, shall be conclusive as to the State of Oklahoma, its officers, agents and instrumentalities, and thereafter the bonds so approved and the revenues pledged to their payment shall be incontestable in any court in the State of Oklahoma.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1961, p. 467, &sect; 12. &nbsp;</span></p> <p><span class="cls0">&sect;6257.43. Attorney General as representative of Commission.&nbsp;</span></p> <p><span class="cls0">It is provided that the Attorney General of the State of Oklahoma shall represent the said Building Bonds Commission in the discharge of its functions provided by this act, and said Building Bonds Commission shall not employ a private attorney or attorneys.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1961, p. 467, &sect; 13. &nbsp;</span></p> <p><span class="cls0">&sect;62-57.51. Intent and purpose.&nbsp;</span></p> <p><span class="cls0">It is the intent and purpose of this act to vitalize Section 36 of Article X of the Constitution of the State of Oklahoma, adopted at the special election held for such purpose on the 3rd day of December 1963, and to invoke and exercise the powers conferred upon the Legislature thereby.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1965, c. 293, &sect; 1, emerg. eff. June 24, 1965.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-57.52. Building Bonds Commission as agency - Indebtedness - Purposes.&nbsp;</span></p> <p><span class="cls0">The State of Oklahoma Building Bonds Commission, acting for and on behalf of the State of Oklahoma, shall be the agency by and through which the State of Oklahoma shall incur indebtedness to the extent of the sum of Seven Million Dollars ($7,000,000.00) as principal, for the purpose of constructing, equipping and furnishing new buildings and other capital improvements, and for equipping, remodeling, modernizing and repairing any and all existing buildings and capital improvements at the University of Oklahoma Medical Center.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1965, c. 293, &sect; 2, emerg. eff. June 24, 1965.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;6257.53. Issuance and sale of bonds Pledges and covenants Sinking fund.&nbsp;</span></p> <p><span class="cls0">The Commission, acting for and on behalf of of the State of Oklahoma, shall issue, sell and deliver as hereinafter provided, "State of Oklahoma Building Bonds of 1965" in a total principal amount of Seven Million Dollars ($7,000,000.00). It is hereby expressly provided and pledged for the benefit of the purchasers, owners and holders of said bonds that three cents ($0.03) of the five cents ($0.05) of the tax on each package of cigarettes levied by 68 O.S.1961, as amended, Section 586a constituting the remainder of revenue available from the revenues lawfully levied and collected by the State of Oklahoma on the sale of cigarettes not already committed to other obligations of the State of Oklahoma, or so much as may be necessary, shall be devoted irrevocably to the payment and discharge of the interest on, and the principal of, the bonds issued hereunder as the same become due, and to create an adequate reserve to assure such payments when due; and said revenues shall be, and hereby are, irrevocably pledged for such purposes. There is hereby created in the State Treasury, a fund to be known as the "State of Oklahoma Building Bonds of 1965 Sinking Fund" which sinking fund is hereby irrevocably pledged to the payment of the interest on, and principal of, the bonds issued hereunder; and monies to the credit thereof shall be paid out only in the manner and at the time and places provided for in the resolution or resolutions of the Commission authorizing the issuance of the bonds. Beginning July 1, 1965, the Oklahoma Tax Commission, when transmitting to the State Treasurer the monthly collection of the tax on cigarettes, shall also transmit to the State Treasurer a schedule showing the net proceeds of three cents ($0.03) of the tax on each package of cigarettes levied by 68 O.S.1961, Section 586a, as amended. It shall be the duty of the State Treasurer, upon receiving said taxes and schedules from the Oklahoma Tax Commission, to deposit in said sinking fund, such portions of the cigarette tax or taxes hereinabove pledged to the payment of the bonds issued hereunder as may be necessary to assure prompt payment of the interest on, and the principal of, said bonds as the same falls due and to comply with the covenants hereof with respect to reserve requirements. The State Treasurer in each fiscal year commencing July 1, 1967, to and including the fiscal year commencing July 1, 1988, shall deposit in the abovecreated sinking fund, the sum of Three Hundred Thousand Dollars ($300,000.00), plus interest for each fiscal year, and in the fiscal year commencing July 1, 1989, the sum of Four Hundred Thousand Dollars ($400,000.00). In the event that the payments into the abovecreated sinking fund in any fiscal year plus the accumulation in such sinking fund is not sufficient to pay the principal and interest due the following July 15 then it shall be the duty of the State Treasurer to pay into said sinking fund from the cigarette funds such sum of money as may be necessary to pay said principal and interest. The cigarette tax monies hereinabove pledged to the retirement of said bonds shall constitute the primary revenue dedicated to the payment of the interest on, and the principal of, the bonds issued hereunder, but it is further pledged, for the purchasers, owners and holders of said bonds, that the State of Oklahoma, if and when it shall appear to be necessary hereby devotes irrevocably to the payment of the interest on, and principal of said bond, any monies in the General Revenue Fund of the State of Oklahoma not otherwise obligated, committed or appropriated, and the State Treasurer is directed to apply such General Revenue Fund of the State of Oklahoma for such purpose. The State of Oklahoma further pledges to the purchasers, owners and holders of said bonds that it will if and when it shall appear to be necessary, impose and collect a tax and devote the proceeds thereof, or so much thereof as may be necessary for the purpose of paying the principal and interest of the bonds issued hereunder as they come due. The bonds issued hereunder, and the interest thereon, shall be general obligations of the State of Oklahoma, and the full faith, credit and resources of the State of Oklahoma are pledged to their payment. The Commission is authorized to incorporate in the face of each of the bonds issued under this act, pledges the same or substantially the same as those made herein. The pledges and covenants so made by the Commission shall constitute the commitment of the State of Oklahoma, made in full good faith, in its sovereign capacity, and shall be binding upon said state and the Legislature, officers, instrumentalities and agents thereof, so long as any of the interest on, or principal of, said bonds shall remain outstanding and unpaid. The Commission is authorized to make such other equallybinding covenants and agreements, not inconsistent with this act or Section 36 of Article X of the Constitution of the State of Oklahoma adopted December 3, 1963, as it deems to be needful and appropriate to the general purpose of effectuating this act.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1965, c. 293, &sect; 3, emerg. eff. June 24, 1965. &nbsp;</span></p> <p><span class="cls0">&sect;6257.54. Form and terms Call and redemption Negotiability Tax exemption.&nbsp;</span></p> <p><span class="cls0">Bonds issued under this act shall be serial coupon bonds and shall bear a rate of interest three and onehalf percent (3 1/2%) per annum. Said bonds and the interest thereon shall be payable at the Office of the State Treasurer. Said bonds may be issued in one or more series, may bear such date or dates, not earlier than July 15, 1965, shall mature as follows: Three Hundred Thousand Dollars ($300,000.00) on July 15, 1968, and Three Hundred Thousand Dollars ($300,000.00) on the 15th day of July of each year thereafter to and including July 15, 1989, and Four Hundred Thousand Dollars ($400,000.00) July 15, 1990, with interest payable semiannually on January 15 and July 15 of each year, may be in such denomination or denominations, may provide for a reserve to assure prompt payment of the principal and interest of the bonds, may be in such form either coupon or registered, may carry such registration or conversion privileges, may be executed in such manner, may be payable in such medium or payment at such place or places, as may be provided by resolution or resolutions to be adopted by the State of Oklahoma Building Bonds Commission. Provided, that all such bonds maturing on and after ten (10) years from their dates may be subject to call and redemption, in inverse order of bond numbers, at par and accrued interest, with the detailed provisions for such calling and redemption thereof to be fixed by the Commission in the resolution or resolutions for the issuance of such bonds. Until such time as the State of Oklahoma Building Bonds of 1965 Sinking Fund shall be sufficient to retire all outstanding bonds and interest coupons, there shall be paid into said sinking fund during each fiscal year, from the sources hereinabove pledged such amounts as may be necessary to pay the interest and principal payable during the next succeeding fiscal year, and an amount sufficient to satisfy the reserve requirements as fixed and provided by the State of Oklahoma Building Bonds Commission in its resolution authorizing the issuance of said bonds. All bonds issued pursuant to this act shall have all the qualities and incidents of negotiable paper, and neither said bonds nor the interest earned thereon shall be subject to taxation by the State of Oklahoma or any county, municipality or political subdivision thereof.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1965, c. 293, &sect; 4, emerg. eff. June 24, 1965. &nbsp;</span></p> <p><span class="cls0">&sect;6257.55. Sale of bonds to State Treasurer.&nbsp;</span></p> <p><span class="cls0">The State Treasurer of the State of Oklahoma shall purchase from the commission at a private sale all of said bonds at par as an investment of the public monies in his possession. The State Treasurer shall buy, and the commission is authorized and directed to, sell to the State Treasurer at private sale, as provided in this section, all of the bonds authorized by this act. All interest earned by such bonds as are held by the State Treasurer pursuant to such investment shall, as collected, be paid into the State of Oklahoma General Fund.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1965, c. 293, &sect; 5, emerg. eff. June 24, 1965. &nbsp;</span></p> <p><span class="cls0">&sect;6257.56. Certificate of Attorney General Signatures and seals.&nbsp;</span></p> <p><span class="cls0">Within ten (10) days after the sale or sales of said bonds, the Attorney General of the State of Oklahoma shall examine all of the proceedings of the Commission and all resolutions passed and actions taken by it in connection with the authorization and issuance and sale of such bonds and shall, if he finds such bond proceedings and sale to be constitutional and lawful, execute his certificate and file the same of record in the office of the Secretary of State of the State of Oklahoma, which said certificate shall read substantially as follows: "I have examined all proceedings had in connection with the issuance of the State of Oklahoma Building Bonds of 1965 in the aggregate principal amount of Seven Million Dollars ($7,000,000.00) dated ____, authorized and sold pursuant to Section 36, Article X, Constitution of Oklahoma, and laws of the State of Oklahoma enacted pursuant thereto, and find said proceedings and sale to be constitutional, lawful and regular in all particulars and that said bonds will be valid legal general obligations of the State of Oklahoma. Unless suit thereon shall be brought in the Supreme Court of the State of Oklahoma within thirty (30) days from the date of this certificate, said bonds shall be incontestable for all purposes. Date ____, Attorney General of the State of Oklahoma". Upon the filing of such certificate, bonds issued pursuant to proceedings so examined by the Attorney General, shall be incontestable for all purposes upon the expiration of thirty (30) days from the date of such certificate, unless suit be brought in the Supreme Court of Oklahoma prior to the expiration of said period as provided herein.&nbsp;</span></p> <p><span class="cls0">A facsimile of such Attorney General's certificate shall appear on each bond so issued. The Supreme Court of Oklahoma is hereby vested with exclusive jurisdiction over any litigation involving the validity of any bonds issued under this act. All bonds shall bear the signature of the Governor and of the Secretary of State and shall bear the certificate required by Section 29, Article X, of the Constitution of Oklahoma. Such bonds shall also be registered by the Treasurer of the State of Oklahoma and a statement of such registration shall appear on the back of each bond. The Commission may, by resolution, prescribe that the seal of the State of Oklahoma, or the seals of any of the officers thereof, and any or all signatures required to appear on the bonds or coupons, with the exception of the Governor's signature on the bonds, may be facsimile seals and signatures.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1965, c. 293, &sect; 6, emerg. eff. June 24, 1965. &nbsp;</span></p> <p><span class="cls0">&sect;6257.57. Delivery of bonds upon payment Deposit and investment of proceeds Interest.&nbsp;</span></p> <p><span class="cls0">The bonds and interest coupons attached thereto shall be delivered to the State Treasurer upon payment of par and accrued interest to the date of delivery thereof. The proceeds of the sale of said bonds shall be deposited in the State Treasury of the State of Oklahoma, in a fund which is hereby created and designated the "1965 Building Bond Fund", where they shall remain subject to disposition to be provided for by the Legislature of Oklahoma, provided that the State Treasurer of the State of Oklahoma, when so directed by the Oklahoma State Regents for Higher Education acting on behalf of the governing board, as to the amounts available for investment shall invest said designated amounts of the 1965 Building Bond Fund in direct obligations of the United States of America or in certificates of deposits from banks in the State of Oklahoma acceptable as depositories by the State Treasurer when such certificates of deposits are secured by acceptable collateral and yield as much or more than direct obligations of the United States of America, and provided further that, all such investments of said monies must be so made that the same shall mature in time to enable the State of Oklahoma to issue warrants for payment of the valid indebtedness incurred for the purpose for which said bonds are issued, when the said indebtedness has been incurred pursuant to legislative authority. It shall be the duty of the Oklahoma State Regents for Higher Education to promptly certify to the State Treasurer the amount of all sums not needed for payment of construction and other legal expenditures payable from the 1965 Building Bond Fund to meet the construction payment schedule, and upon receipt of such certification the State Treasurer shall forthwith make the aforementioned investment. All interest received by the State Treasurer upon the abovementioned securities shall be deposited in the said sinking fund.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1965, c. 293, &sect; 7, emerg. eff. June 24, 1965. &nbsp;</span></p> <p><span class="cls0">&sect;6257.58. Investment of sinking fund monies.&nbsp;</span></p> <p><span class="cls0">The State Treasurer shall invest all sinking fund monies in direct obligations of the United States of America or in certificates of deposits from banks in the State of Oklahoma acceptable as depositories by the State Treasurer when such certificates of deposits are secured by acceptable collateral and yield as much or more than direct obligations of the United States of America, to mature in time to meet the principal and interest payments on the 1965 Building Bonds, which earnings shall be deposited in the General Fund.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1965, c. 293, &sect; 8, emerg. eff. June 24, 1965. &nbsp;</span></p> <p><span class="cls0">&sect;6257.59. Approval of bonds by Supreme Court.&nbsp;</span></p> <p><span class="cls0">The Commission is authorized in its discretion to file an application with the Supreme Court of Oklahoma for the approval of any series of bonds to be issued hereunder, and exclusive original jurisdiction is hereby conferred upon the Supreme Court to hear and determine each such application. It shall be the duty of the court to give such applications precedence over the other business of the court and to consider and pass upon such applications and any protests which may be filed thereto as speedily as possible. Notice of the hearing on each application shall be given by notice published in a newspaper of general circulation in the state that on a day named the Commission will ask the court to hear its application and approve the bonds. Such notice shall inform all persons interested that they may file protests against the issuance of the bonds and be present at the hearing and contest the legality thereof. Such notice shall be published one time not less than ten (10) days prior to the date named for the hearing and the hearing may be adjourned from time to time in the discretion of the court. If the court shall be satisfied that the bonds have been properly authorized in accordance with this act and Section 34, Article X, of the Constitution of Oklahoma, and that when issued they will constitute valid obligations in accordance with their terms, the court shall render its written opinion approving the bonds and shall fix the time within which a petition for rehearing may be filed. The decision of the court shall be a judicial determination of the validity of the bonds, shall be conclusive as to the State of Oklahoma, its officers, agents and instrumentalities, and thereafter the bonds so approved and the revenues pledged to their payment shall be incontestable in any court in the State of Oklahoma.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1965, c. 293, &sect; 9, emerg. eff. June 24, 1965. &nbsp;</span></p> <p><span class="cls0">&sect;62-57.60. Attorney General as representative of Commission.&nbsp;</span></p> <p><span class="cls0">It is provided that the Attorney General of the State of Oklahoma shall represent the said Building Bonds Commission in the discharge of its functions provided by this act, and said Building Bonds Commission shall not employ or pay any private attorney or attorneys directly or indirectly.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1965, c. 293, &sect; 10, emerg. eff. June 24, 1965.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;6257.61. Purpose.&nbsp;</span></p> <p><span class="cls0">It is hereby declared to be the purpose of this act to vitalize the constitutional amendment indentified as House Joint Resolution No. 552 of the 30th Oklahoma Legislature, if, as and when the same shall be approved by the people of the State of Oklahoma.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1965, c. 515, &sect; 1. &nbsp;</span></p> <p><span class="cls0">&sect;6257.62. Building Bonds Commission as agency Indebtedness Purposes.&nbsp;</span></p> <p><span class="cls0">The State of Oklahoma Building Bonds Commission, created by Title 62, Oklahoma Statutes 1961, Section 57.1 acting for and on behalf of the State of Oklahoma shall be the agency by and through which the State of Oklahoma shall incur indebtedness to the extent of the sum of Fiftyfour Million Seven Hundred Fifty Thousand Dollars ($54,750,000.00) as principal, for the purpose of constructing new buildings and other capital improvements, and for equipping, remodeling, modernizing and repairing any and all existing buildings and capital improvements, and purchase of land, equipment and furnishings necessary for such new construction or remodeling, as follows:&nbsp;</span></p> <p class="cls5"><span class="cls0">At the constituent institutions of The Oklahoma State System of Higher Education in the sum of....... $38,500,000.00&nbsp;</span></p> <p class="cls5"><span class="cls0">At the institutions under the Department of Mental Health and Substance Abuse Services in the sum of............... 6,500,000.00&nbsp;</span></p> <p class="cls5"><span class="cls0">The Southern Oklahoma Resource Center of Pauls Valley, the Northern Oklahoma Resource Center of Enid and The Hissom Memorial Center..................... 1,000,000.00&nbsp;</span></p> <p><span class="cls0">State Department of Health............&nbsp;&nbsp;2,275,000.00&nbsp;</span></p> <p><span class="cls0">Oklahoma State Library................&nbsp;&nbsp;2,150,000.00&nbsp;</span></p> <p><span class="cls0">Oklahoma State Penitentiary...........&nbsp;&nbsp;150,000.00&nbsp;</span></p> <p><span class="cls0">Oklahoma State Reformatory............&nbsp;&nbsp;150,000.00&nbsp;</span></p> <p><span class="cls0">Oklahoma School for the Blind.........&nbsp;&nbsp;550,000.00&nbsp;</span></p> <p><span class="cls0">Oklahoma School for the Deaf..........&nbsp;&nbsp;550,000.00&nbsp;</span></p> <p><span class="cls0">Oklahoma Educational Television&nbsp;</span></p> <p><span class="cls0"> Authority...........................&nbsp;&nbsp;250,000.00&nbsp;</span></p> <p><span class="cls0">Oklahoma Historical Society...........&nbsp;&nbsp;125,000.00&nbsp;</span></p> <p class="cls5"><span class="cls0">Western Oklahoma Tuberculosis Sanatorium.......................... 150,000.00&nbsp;</span></p> <p class="cls5"><span class="cls0">Eastern Oklahoma Tuberculosis Sanatorium.......................... 150,000.00&nbsp;</span></p> <p class="cls5"><span class="cls0">Department of Public Health for the Building of Community Social Service Centers 1,500,000.00&nbsp;</span></p> <p class="cls5"><span class="cls0">Purchase of Land in and about the Capital Improvement and Zoning District and Medical Center Improvement Zoning District and for Public Parks, Veterans Memorial Area and Landscaping 750,000.00&nbsp;</span></p> <p><span class="cls0">Laws 1965, c. 515, &sect; 2, emerg. eff. July 21, 1965; Amended by Laws 1990, c. 51, &sect; 124, emerg. eff. April 9, 1990; Laws 1992, c. 307, &sect; 8, eff. July 1, 1992.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;6257.63. Issuance and sale of bonds Pledges Sinking fund.&nbsp;</span></p> <p><span class="cls0">The Commission, acting for and on behalf of the State of Oklahoma, shall issue, sell and deliver as hereinafter provided, "State of Oklahoma Institutional Building Bonds of 1965" in a total principal amount of Fiftyfour Million Seven Hundred Fifty Thousand Dollars ($54,750,000.00). Said Commission shall issue and deliver said bonds as follows:&nbsp;</span></p> <p><span class="cls0">Series A, in the principal sum of Fifteen Million Four Hundred Twentyfive Thousand Dollars ($15,425,000.00), following the approval by the people of the State of Oklahoma of House Joint Resolution No. 552; Series B, in the sum of Twelve Million Dollars ($12,000,000.00), on or about June 25, 1966, and the remaining portion of said bonds as provided by the 31st Oklahoma Legislature. It is hereby expressly provided and pledged for the benefit of the purchasers, owners and holders of said bonds that the portion of seven cents ($0.07) of the tax on each package of cigarettes levied by Section 302 of House Bill No. 511, enacted by the 30th Oklahoma Legislature constituting the remainder of revenue available from the revenues lawfully levied and collected by the State of Oklahoma on the sale of cigarettes not already committed to other obligations of the State of Oklahoma, or so much as may be necessary, shall be devoted irrevocably to the payment and discharge of the interest on, and the principal of, the bonds issued hereunder as the same become due, and to create an adequate reserve to assure such payments when due; and said revenues shall be, and hereby are, irrevocably pledged for such purposes. There is hereby created, in the State Treasury, a fund to be known as the "State of Oklahoma Institutional Building Bonds of 1965 Sinking Fund" which sinking fund is hereby irrevocably pledged to the payment of the interest on, and principal of, the bonds issued hereunder; and monies to the credit thereof shall be paid out only in the manner and at the time and places provided for in the resolution or resolutions of the Commission authorizing the issuance of the bonds. Beginning on the first day of the month following the adoption of said constitutional amendment, the Oklahoma Tax Commission, when transmitting to the State Treasurer the monthly collection of the tax on cigarettes, shall also transmit to the State Treasurer a schedule showing the net proceeds of seven cents ($0.07) of the tax on each package of cigarettes levied by Section 302 of House Bill No. 511 enacted by the 30th Oklahoma Legislature. It shall be the duty of the State Treasurer, upon receiving said taxes and schedules from the Oklahoma Tax Commission, to deposit in said sinking fund, such portions of the cigarette tax or taxes hereinabove pledged to the payment of the bonds issued hereunder as may be necessary to assure prompt payment of the interest on, and the principal of, said bonds as the same falls due and to comply with the covenants hereof with respect to reserve requirements. The State Treasurer shall deposit in the abovecreated sinking fund for the fiscal years 19651966 and 19661967, the amount necessary to pay the interest upon the outstanding bonds. The State Treasurer shall deposit in the abovecreated sinking fund the following sums for the following fiscal years for the payment of the principal upon Series A Bonds:&nbsp;</span></p> <p><span class="cls0">Commencing July 1, 1967, the sum of Two Hundred Twentyfive Thousand Dollars ($225,000.00); commencing July 1, 1968 and 1969, the sum of Three Hundred Thousand Dollars ($300,000.00) each year; for the fiscal years commencing July 1, 1970, to and including the fiscal year commencing July 1, 1976, the sum of Five Hundred Thousand Dollars ($500,000.00) each year; for the fiscal years commencing July 1, 1977, to and including the fiscal year commencing July 1, 1988, the sum of Eight Hundred Thousand Dollars ($800,000.00) each year; for the fiscal year commencing July 1, 1989, the sum of One Million Five Hundred Thousand Dollars ($1,500,000.00) and for the payment of the principal on the Series B Bonds, in the fiscal years July 1, 1968, to and including July 1, 1973, the sum of Two Hundred Thousand Dollars ($200,000.00) each year; for the fiscal year commencing July 1, 1974, to and including July 1, 1978, the sum of Five Hundred Thousand Dollars ($500,000.00) each year; for the fiscal years commencing July 1, 1979 to and including July 1, 1988, the sum of Seven Hundred Thousand Dollars ($700,000.00) each year and for the fiscal year commencing July 1, 1989, the sum of One Million Three Hundred Thousand Dollars ($1,300,000.00), and in addition thereto, the amounts necessary for the payment of interest. In the event that the payments into the abovecreated sinking fund in any fiscal year plus the accumulation in such sinking fund is not sufficient to pay the principal and interest due the following July 15 then it shall be the duty of the State Treasurer to pay into said Sinking Fund from the cigarette funds such sum of money as may be necessary to pay said principal and interest. The cigarette tax monies hereinabove pledged to the retirement of said bonds shall constitute the primary revenue dedicated to the payment of the interest on, and the principal of, the bonds issued hereunder, but it is further pledged, for the purchasers, owners and owner of said bonds, that the State of Oklahoma, if and when it shall appear to be necessary, hereby devotes irrevocably to the payment of the interest on, and principal of said bond, any monies in the General Revenue Fund of the State of Oklahoma not otherwise obligated, committed or appropriated, and the State Treasurer is directed to apply such General Revenue Fund of the State of Oklahoma for such purpose. The State of Oklahoma further pledges to the purchasers, owners and holders of said bonds that it will, if and when it shall appear to be necessary, impose and collect a tax and devote the proceeds thereof, or so much thereof as may be necessary for the purpose of paying the principal and interest of the bonds issued hereunder as they come due. The bonds issued hereunder, and the interest thereon, shall be general obligations of the State of Oklahoma, and the full faith, credit and resources of the State of Oklahoma are pledged to their payment. The Commission is authorized to incorporate in the face of each of the bonds issued under this act, pledges the same or substantially the same as those made herein. The pledges and covenants so made by the Commission shall constitute the commitment of the State of Oklahoma, made in full good faith, in its sovereign capacity, and shall be binding upon said state and the Legislature, officers, instrumentalities and agents thereof, so long as any of the interest on, or principal of, said bonds shall remain outstanding and unpaid. The Commission is authorized to make such other equallybinding covenants and agreements, not inconsistent with this act or House Joint Resolution No. 552 Of the 30th Oklahoma Legislature, as it deems to be needful and appropriate to the general purpose of effectuating this act.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1965, c. 515, &sect; 3. &nbsp;</span></p> <p><span class="cls0">&sect;6257.64. Form and terms Call and redemption Negotiability Tax exemption.&nbsp;</span></p> <p><span class="cls0">Bonds issued under this act shall be serial coupon bonds. Said bonds and the interest thereon shall be payable at such place or places as may be designated by the State of Oklahoma Building Bonds Commission. Said bonds shall be issued in series bearing such date or dates, as set forth in Section 3 herein, and shall mature as follows:&nbsp;</span></p> <p><span class="cls0">SERIES A&nbsp;&nbsp;SERIES B&nbsp;</span></p> <p><span class="cls0">7/15/68&nbsp;&nbsp;$225,000.00&nbsp;</span></p> <p><span class="cls0">7/15/69&nbsp;&nbsp;$300,000.00&nbsp;&nbsp;$200,000.00&nbsp;</span></p> <p><span class="cls0">7/15/70&nbsp;&nbsp;$300,000.00&nbsp;&nbsp;$200,000.00&nbsp;</span></p> <p><span class="cls0">7/15/71&nbsp;&nbsp;$500,000.00&nbsp;&nbsp;$200,000.00&nbsp;</span></p> <p><span class="cls0">7/15/72&nbsp;&nbsp;$500,000.00&nbsp;&nbsp;$200,000.00&nbsp;</span></p> <p><span class="cls0">7/15/73&nbsp;&nbsp;$500,000.00&nbsp;&nbsp;$200,000.00&nbsp;</span></p> <p><span class="cls0">7/15/74&nbsp;&nbsp;$500,000.00&nbsp;&nbsp;$200,000.00&nbsp;</span></p> <p><span class="cls0">7/15/75&nbsp;&nbsp;$500,000.00&nbsp;&nbsp;$500,000.00&nbsp;</span></p> <p><span class="cls0">7/15/76&nbsp;&nbsp;$500,000.00&nbsp;&nbsp;$500,000.00&nbsp;</span></p> <p><span class="cls0">7/15/77&nbsp;&nbsp;$500,000.00&nbsp;&nbsp;$500,000.00&nbsp;</span></p> <p><span class="cls0">7/15/78&nbsp;&nbsp;$800,000.00&nbsp;&nbsp;$500,000.00&nbsp;</span></p> <p><span class="cls0">7/15/79&nbsp;&nbsp;$800,000.00&nbsp;&nbsp;$500,000.00&nbsp;</span></p> <p><span class="cls0">7/15/80&nbsp;&nbsp;$800,000.00&nbsp;&nbsp;$700,000.00&nbsp;</span></p> <p><span class="cls0">7/15/81&nbsp;&nbsp;$800,000.00&nbsp;&nbsp;$700,000.00&nbsp;</span></p> <p><span class="cls0">7/15/82&nbsp;&nbsp;$800,000.00&nbsp;&nbsp;$700,000.00&nbsp;</span></p> <p><span class="cls0">7/15/83&nbsp;&nbsp;$800,000.00&nbsp;&nbsp;$700,000.00&nbsp;</span></p> <p><span class="cls0">7/15/84&nbsp;&nbsp;$800,000.00&nbsp;&nbsp;$700,000.00&nbsp;</span></p> <p><span class="cls0">7/15/85&nbsp;&nbsp;$800,000.00&nbsp;&nbsp;$700,000.00&nbsp;</span></p> <p><span class="cls0">7/15/86&nbsp;&nbsp;$800,000.00&nbsp;&nbsp;$700,000.00&nbsp;</span></p> <p><span class="cls0">7/15/87&nbsp;&nbsp;$800,000.00&nbsp;&nbsp;$700,000.00&nbsp;</span></p> <p><span class="cls0">7/15/88&nbsp;&nbsp;$800,000.00&nbsp;&nbsp;$700,000.00&nbsp;</span></p> <p><span class="cls0">7/15/89&nbsp;&nbsp;$800,000.00&nbsp;&nbsp;$700,000.00&nbsp;</span></p> <p><span class="cls0">7/15/90&nbsp;&nbsp;&nbsp;&nbsp; $1,500,000.00&nbsp;&nbsp; $1,300,000.00&nbsp;</span></p> <p><span class="cls0">Said bonds shall have interest payable semiannually on January 15 and July 15 of each year, may be in such denomination or denominations, may provide for a reserve to assure prompt payment of the principal and interest of the bonds, may be in such form either coupon or registered, may carry such registration or conversion privileges, may be executed in such manner, may be payable in such medium of payment at such place or places, as may be provided by resolution or resolutions to be adopted by the State of Oklahoma Building Bonds Commission. Provided, that all such bonds maturing on and after ten (10) years from their dates may be subject to call and redemption, in inverse order of bond numbers, at par and accrued interest, with the detailed provisions for such calling and redemption thereof to be fixed by the Commission in the resolution for the issuance of such bonds. Until such time as the State of Oklahoma Institutional Building Bonds of 1965 Sinking Fund shall be sufficient to retire all outstanding bonds and interest coupons, there shall be paid into said sinking fund during each fiscal year, from the sources hereinabove pledged such amounts as may be necessary to pay the interest and principal payable during the next succeeding fiscal year, and an amount sufficient to satisfy the reserve requirements as fixed and provided by the State of Oklahoma Building Bonds Commission in its resolution authorizing the issuance of said bonds. All bonds issued pursuant to this act shall have all the qualities and incidents of negotiable paper, and neither said bonds nor the interest earned thereon shall be subject to taxation by the State of Oklahoma or any county, municipality or political subdivision thereof.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1965, c. 515, &sect; 4. &nbsp;</span></p> <p><span class="cls0">&sect;6257.65. Advertisement and sale of bonds.&nbsp;</span></p> <p><span class="cls0">The Commission shall advertise said bonds for sale in the manner hereinafter provided. Notice of such sale shall be published at least twenty (20) days prior to the date fixed for such sale. Such notice shall be published for at least two (2) consecutive weeks in a newspaper having general circulation in the State of Oklahoma, and at least once in a financial periodical or newspaper known to have general circulation among bond dealers and bond purchasers. Such notice shall state the time and place when and where the Commission will receive written bids for the purchase of the bonds so offered for sale and shall also state that the bonds will be sold to the bidder bidding the lowest interest rate to the State of Oklahoma, stating also, however, that the Commission may, in its discretion, reject all bids submitted and readvertise the bonds for sale. Such notice may contain such other conditions, information and details as the Commission deems appropriate and desirable to secure understanding of the offer and to assure maximum competition between bidders. Upon acceptance of the low bid (which shall not exceed an average rate of interest exceeding four percent (4%) per annum), the bonds shall be issued in accordance therewith and shall be delivered to said purchaser upon payment of the purchase price thereof, which shall be not less than par plus accrued interest to date of delivery. Provided, however, no tender of the bonds shall be valid until after the expiration of the period of contestability, provided for herein. All bidders shall be required to submit with their bids such good faith deposit as may to the Commission seem appropriate. Upon the acceptance of a bid, the Commission shall return to all of the unsuccessful bidders the deposits so made by them. All such deposits by the successful bidder shall become the property of the State of Oklahoma, and shall be credited upon the purchase price of the bonds so sold and with the further agreement that if the purchaser shall fail for five (5) days after the tender of the bonds to pay the balance of the purchase price, said sale shall be thereby annulled and the deposit shall in such event be retained by the State of Oklahoma and credited to the General Revenue Fund of the state.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1965, c. 515, &sect; 5. &nbsp;</span></p> <p><span class="cls0">&sect;6257.66. Interim bonds.&nbsp;</span></p> <p><span class="cls0">The Commission is authorized to issue one or more interim bonds representative of the bonds so sold, which interim bonds may be in any denomination, shall have all the qualities and be secured by all the covenants and pledges made to secure the bonds so sold, but said interim bonds shall represent the bonded debt only until such time as the definite bonds are printed, executed and delivered to the purchaser thereof. No tender of any such interim bonds shall be valid until the expiration of the period of contestability provided in this act. Simultaneously with delivery of the definitive bonds, any such interim bonds shall be surrendered for cancellation and canceled by the State Treasurer of Oklahoma.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1965, c. 515, &sect; 6. &nbsp;</span></p> <p><span class="cls0">&sect;6257.67. Investment Approval as collateral security.&nbsp;</span></p> <p><span class="cls0">Any bank, trust or insurance company organized under the laws of Oklahoma may invest its capital, surplus and reserve funds and other funds under its control in bonds issued under the provisions of this act. The officers having charge of any fund of the State of Oklahoma, or any department, agency, or institution thereof or any sinking fund of any county, city, town, township, board of education or school district may invest such funds in bonds issued under the provisions hereof. Such bonds shall also be approved as collateral security for the deposit of any public funds and for the investment of trust funds.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1965, c. 515, &sect; 7. &nbsp;</span></p> <p><span class="cls0">&sect;6257.68. Certificate of Attorney General Signatures and seals.&nbsp;</span></p> <p><span class="cls0">Within ten (10) days after the sale or sales of said bonds, the Attorney General of the State of Oklahoma shall examine all of the proceedings of the Commission and all resolutions passed and actions taken by it in connection with the authorization and issuance and sale of such bonds and shall, if he finds such bond proceedings and sale to be constitutional and lawful, execute his certificate and file the same of record in the Office of the Secretary of State of the State of Oklahoma, which said certificate shall read substantially as follows: "I have examined all proceedings had in connection with the issuance of the State of Oklahoma Institutional Building Bonds of 1965, Series A, in the aggregate principal amount of Fifteen Million Four Hundred Twentyfive Thousand Dollars ($15,425,000.00) dated _____, authorized and sold pursuant to Section 37, Article X, Constitution of Oklahoma and laws of the State of Oklahoma enacted pursuant thereto, and find said proceedings and sale to be constitutional, lawful and regular in all particulars and that said bonds will be valid legal general obligations of the State of Oklahoma. Unless suit thereon shall be brought in the Supreme Court of the State of Oklahoma within thirty (30) days from the date of this certificate, said bonds shall be incontestable for all purposes. Date _____, Attorney General of the State of Oklahoma". The procedure above enacted shall be followed after the sale of the Series B Bonds, and the above certificate shall be executed by the Attorney General in the same form and manner, except as to the amount which shall specify Series B in the sum of Twelve Million Dollars ($12,000,000.00). Upon the filing of such certificate, bonds issued pursuant to proceedings so examined by the Attorney General shall be incontestable for all purposes upon the expiration of thirty (30) days from the date of such certificate, unless suit be brought in the Supreme Court of Oklahoma prior to the expiration of said period as provided herein.&nbsp;</span></p> <p><span class="cls0">A facsimile of such Attorney General's certificate shall appear on each bond so issued. The Supreme Court of Oklahoma is hereby vested with exclusive jurisdiction over any litigation involving the validity of any bonds issued under this act. All bonds shall bear the signature of the Governor and the Secretary of State and shall bear the certificate required by Section 29, Article X, of the Constitution of Oklahoma. Such bonds shall also be registered by the Treasurer of the State of Oklahoma and a statement of such registration shall appear on the back of each bond. The Commission may, by resolution, prescribe that the seal of the State of Oklahoma, or the seals of any of the officers thereof, and any or all signatures required to appear on the bonds or coupons, with the exception of the Governor's signature on the bonds, may be facsimile seals and signatures.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1965, c. 515, &sect; 8. &nbsp;</span></p> <p><span class="cls0">&sect;62-57.69. Delivery of bonds upon payment - Deposit and investment of proceeds - Interest.&nbsp;</span></p> <p><span class="cls0">The bonds and interest coupons attached thereto shall be delivered to the purchaser thereof only upon payment of par and accrued interest to the date of delivery thereof, together with any premium bid. The proceeds of the sale of said bonds shall be deposited in the State Treasury to a fund which is hereby created and designated the "State of Oklahoma Institutional Building Bonds of 1965 Fund", where they shall remain subject to disposition to be provided for by the Legislature of this state, provided that the State Treasurer, when so directed by the Director of the Office of Management and Enterprise Services and the Oklahoma State Regents for Higher Education acting on behalf of the governing boards, according to the funds allocated, as to the amounts available for investment shall invest said designated amounts of the State of Oklahoma Institutional Building Bonds of 1965 Fund in direct obligations of the United States of America or in certificates of deposits from banks in this state acceptable as depositories by the State Treasurer when such certificates of deposits are secured by the acceptable collateral and yield as much as or more than direct obligations of the United States of America. All such investments of said monies must be made so that the same shall mature in time to enable this state to issue warrants for payment of the valid indebtedness incurred for the purpose for which said bonds are issued, when the said indebtedness has been incurred pursuant to legislative authority. The Director of the Office of Management and Enterprise Services and the Oklahoma State Regents for Higher Education shall promptly certify to the State Treasurer the amount of all sums not needed for payment of construction and other legal expenditures payable from the State of Oklahoma Institutional Building Bonds of 1965 Fund to meet the construction payment schedule, and upon receipt of such certification the State Treasurer shall make the investment specified in this section. All interest received by the State Treasurer upon the securities referred to in this section shall be deposited in the State of Oklahoma Institutional Building Bonds of 1965 Fund.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1965, c. 515, &sect; 9, emerg. eff. July 21, 1965. Amended by Laws 1983, c. 304, &sect; 56, eff. July 1, 1983; Laws 1989, c. 343, &sect; 12, operative July 1, 1989; Laws 2012, c. 304, &sect; 431.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;6257.70. Investment of sinking fund monies.&nbsp;</span></p> <p><span class="cls0">The State Treasurer shall invest all sinking fund monies in direct obligations of the United States of America or in certificates of deposits from banks in the State of Oklahoma acceptable as depositories by the State Treasurer when such certificates of deposits are secured by acceptable collateral and yield as much or more than direct obligations of the United States of America, to mature in time to meet the principal and interest payments on the State of Oklahoma Institutional Building Bonds of 1965, which earnings shall be deposited in the sinking fund.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1965, c. 515, &sect; 10. &nbsp;</span></p> <p><span class="cls0">&sect;6257.71. Refunding bonds.&nbsp;</span></p> <p><span class="cls0">The Commission may issue bonds hereunder for the purpose of refunding any obligations issued under the provisions of this act. Such bonds may either be sold or delivered in exchange for outstanding obligations. If sold, the proceeds may be either applied to the payment of the obligations refunded or deposited in escrow for the retirement thereof. Nothing herein shall be construed to authorize the refunding of any outstanding obligations which are not either maturing, or callable for redemption under their terms, or voluntarily surrendered by their holders for cancellation, unless the Commission covenants that sufficient funds to pay all remaining interest and principal payments of outstanding obligations when due will be placed in escrow for such purpose in the State Treasury at the time of delivery of and payment for the new bonds issued hereunder. All bonds issued under this section shall in all respects be authorized, issued and secured in the manner provided for other bonds issued under this Act, and shall have all the attributes of such bonds. The Commission may provide that any such refunding bonds shall have the same priority of payment and be paid from the same revenues in the manner enjoyed by the obligations refunded thereby.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1965, c. 515, &sect; 11. &nbsp;</span></p> <p><span class="cls0">&sect;6257.72. Approval of bonds by Supreme Court.&nbsp;</span></p> <p><span class="cls0">The Commission is authorized in its discretion to file an application with the Supreme Court of Oklahoma for the approval of any series of bonds to be issued hereunder, and exclusive original jurisdiction is hereby conferred upon the Supreme Court to hear and determine each such application. It shall be the duty of the Court to give such applications precedence over the other business of the Court and to consider and pass upon such applications and any protests which may be filed thereto as speedily as possible. Notice of the hearing on each application shall be given by notice published in a newspaper of general circulation in the state that on a day named the Commission will ask the Court to hear its application and approve the bonds. Such notice shall inform all persons interested that they may file protests against the issuance of the bonds and be present at the hearing and contest the legality thereof. Such notice shall be published one time not less than ten (10) days prior to the date named for the hearing and the hearing may be adjourned from time to time in the discretion of the Court. If the Court shall be satisfied that the bonds have been properly authorized in accordance with this act and Section 37, Article X, of the Constitution of Oklahoma, and that when issued they will constitute valid obligations in accordance with their terms, the Court shall render its written opinion approving the bonds and shall fix the time within which a petition for rehearing may be filed. The decision of the court shall be a judicial determination of the validity of the bonds, shall be conclusive as to the State of Oklahoma, its officers, agents and instrumentalities, and thereafter the bonds so approved and the revenues pledged to their payment shall be incontestable in any court in the State of Oklahoma.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1965, c. 515, &sect; 12. &nbsp;</span></p> <p><span class="cls0">&sect;62-57.73. Attorney General as representative of Commission.&nbsp;</span></p> <p><span class="cls0">It is provided that the Attorney General of the State of Oklahoma shall represent the said Building Bonds Commission in the discharge of its functions provided by this act, and said Building Bonds Commission shall not employ a private attorney or attorneys.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1965, c. 515, &sect; 13.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;6257.75. Building Bonds of 1950 Cancellation of interest.&nbsp;</span></p> <p><span class="cls0">That all interest provided by 62 O.S.1961, section 57.1, on "State of Oklahoma Building Bonds 1950" issue, and refunded in the sum of Seventeen Million Three Hundred Thousand Dollars ($17,300,000.00) by O.S.L.1961, page 460, enacted by the Twentyeighth Session of the Oklahoma Legislature, be and the same is hereby canceled effective June 30, 1967, and no sums shall thereafter be transmitted by the Oklahoma Tax Commission out of the cigarette tax collections for interest on said bonds.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1967, c. 217, &sect; 1, emerg. eff. May 1, 1967. &nbsp;</span></p> <p><span class="cls0">&sect;6257.76. Building Bonds of 1955 Cancellation of interest.&nbsp;</span></p> <p><span class="cls0">That all interest provided by 62 O.S.1961, Section 57.17, on "State of Oklahoma Building Bonds of 1955" issue, be and the same is hereby canceled June 30, 1967, and no sums of money shall thereafter be transmitted by the Oklahoma Tax Commission out of the cigarette tax collections for interest on said bonds.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1967, c. 217, &sect; 2, emerg. eff. May 1, 1967. &nbsp;</span></p> <p><span class="cls0">&sect;6257.77. Building Bonds of 1965 Cancellation of interest.&nbsp;</span></p> <p><span class="cls0">That all interest provided by House Bill No. 1010, O.S.L.1965, page 521, enacted by the Thirtieth Session of the Oklahoma Legislature on "State of Oklahoma Building Bonds 1965" issue, be and the same is hereby canceled effective June 30, 1967, and no sums of money shall thereafter be transmitted by the Oklahoma Tax Commission out of the cigarette tax collections for interest on said bonds.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1967, c. 217, &sect; 3, emerg. eff. May 1, 1967. &nbsp;</span></p> <p><span class="cls0">&sect;6257.78. Reserve fund of 1965 Cancellation.&nbsp;</span></p> <p><span class="cls0">That the reserve fund created and established in the office of the State Treasurer of Oklahoma by House Bill No. 1010, O.S.L.1965, page 521, enacted by the Thirtieth Session of the Oklahoma Legislature for payment of principal and interest on "State of Oklahoma Building Bonds 1965", be and the same is hereby canceled effective June 30, 1967, and no sums of money shall thereafter be transmitted by the Oklahoma Tax Commission out of the cigarette tax collections for such purpose, and provided this shall not affect the payment of the principal sums provided in said House Bill.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1967, c. 217, &sect; 4, emerg. eff. May 1, 1967. &nbsp;</span></p> <p><span class="cls0">&sect;62-57.79. Transfer of funds.&nbsp;</span></p> <p><span class="cls0">That on June 30, 1967, the State Treasurer of the State of Oklahoma shall transfer to the general fund of the State of Oklahoma all sums of money accrued and paid into the sinking funds and the reserve fund of the aforementioned bond issues for the purpose of paying interest thereon and creating a reserve fund.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1967, c. 217, &sect; 5, emerg. eff. May 1, 1967.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;6257.81. Purpose.&nbsp;</span></p> <p><span class="cls0">It is hereby declared to be the purpose of this act to further vitalize Section 37, Article X, of the Oklahoma Constitution heretofore vitalized by House Bill No. 1122, enacted by the 30th Oklahoma Legislature, and to direct the issuance and sale of general obligation bonds authorized by said Constitutional Amendment and vitalizing act.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1967, c. 289, &sect; 1, emerg. eff. May 8, 1967. &nbsp;</span></p> <p><span class="cls0">&sect;62-57.82. Agency for issue and sale - Institutional bonds of 1965.&nbsp;</span></p> <p><span class="cls0">That the State of Oklahoma Building Bonds Commission, created by Title 62, Oklahoma Statutes 1961, Section 57.1, acting for and on behalf of the State of Oklahoma shall be the agency by and through which the State of Oklahoma shall issue and sell a portion of the "State of Oklahoma Institutional Bonds of 1965" authorized and directed by said House Bill No. 1122.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1967, c. 289, &sect; 2, emerg. eff. May 8, 1967.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;6257.83. Institutional Bonds of 1965 Series C Pledges of cigarette tax and sinking fund General obligation.&nbsp;</span></p> <p><span class="cls0">The Commission, acting for and on behalf of the State of Oklahoma, shall issue, sell and deliver as hereinafter provided, "State of Oklahoma Institutional Building Bonds of 1965 Series C", in the principal sum of Ten Million Eight Hundred Thousand Dollars ($10,800,000.00), and the remaining portion of said "State of Oklahoma Institutional Building Bonds of 1965" shall be sold as provided by subsequent acts of the Oklahoma Legislature. It is hereby expressly provided and pledged for the benefit of the purchasers, owners and holders of said bonds that seven cents ($0.07) of the tax on each package of cigarettes levied by Section 302 of the House Bill No. 511, enacted by the 30th Oklahoma Legislature constituting the remainder of revenue available from the revenues lawfully levied and collected by the State of Oklahoma on the sale of cigarettes not already committed to other obligations of the State of Oklahoma, or so much as may be necessary, shall be devoted irrevocably to the payment and discharge of the interest on, and the principal of, the bonds issued hereunder as the same become due, and to create an adequate reserve to assure such payments when due; and said revenues shall be, and hereby are, irrevocably pledged for such purposes. There is in the State Treasury, a fund known as the "State of Oklahoma Institutional Building Bonds of 1965 Sinking Fund" to which Series C shall be added, said sinking fund is hereby irrevocably pledged to the payment of the interest on, and principal of, the bonds issued hereunder; and monies to the credit thereof shall be paid out only in the manner and at the time and places provided for in the resolution or resolutions of the Commission authorizing the issuance of the bonds. Beginning on the first day of the month following the adoption of said constitutional amendment, the Oklahoma Tax Commission, when transmitting to the State Treasurer the monthly collection of the tax on cigarettes, shall also transmit to the State Treasurer a schedule showing the net proceeds of seven cents ($0.07) of the tax on each package of cigarettes levied by Section 302 of House Bill No. 511 enacted by the 30th Oklahoma Legislature. It shall be the duty of the State Treasurer, upon receiving said taxes and schedules from the Oklahoma Tax Commission, to deposit in said sinking fund, such portions of the cigarette tax or taxes hereinabove pledged to the payment of the bonds issued hereunder as may be necessary to assure prompt payment of the interest on, and the principal of, said bonds as the same falls due. The State Treasurer shall deposit in the abovecreated sinking fund for the fiscal years 19661967, 19671968, 19681969, and 19691970, the amount necessary to pay the interest upon the outstanding bonds. The State Treasurer shall deposit in the abovecreated sinking fund the following sums for the following fiscal years for the payment of the principal upon Series C Bonds:&nbsp;</span></p> <p><span class="cls0">Commencing July 1, 1970, 1971, 1972 and 1973, the sum of Two Hundred Thousand Dollars ($200,000.00) each year; commencing July 1, 1974, 1975 and 1976, the sum of Three Hundred Thousand Dollars ($300,000.00) each year; for the fiscal years commencing July 1, 1977, to and including the fiscal year commencing July 1, 1982, the sum of Five Hundred Thousand Dollars ($500,000.00) each year; for the fiscal years commencing July 1, 1983, to and including the fiscal year commencing July 1, 1990, the sum of Seven Hundred Thousand Dollars ($700,000.00) each year; for the fiscal year commencing July 1, 1991, the sum of Five Hundred Thousand Dollars ($500,000.00), and in addition thereto, the amounts necessary for the payment of interest. In the event that the payments into the abovecreated sinking fund in any fiscal year plus the accumulation in such sinking fund is not sufficient to pay the principal and interest due the following July 15 then it shall be the duty of the State Treasurer to pay into said sinking fund from the cigarette funds such sum of money as may be necessary to pay said principal and interest. The cigarette tax monies hereinabove pledged to the retirement of said bonds shall constitute the primary revenue dedicated to the payment of the interest on, and the principal of, the bonds issued hereunder, but it is further pledged, for the purchasers, owners and holders of said bonds, that the State of Oklahoma, if and when it shall appear to be necessary hereby devotes irrevocably to the payment of the interest on, and principal of said bonds, any monies in the General Revenue Fund of the State of Oklahoma not otherwise obligated, committed or appropriated, and the State Treasurer is directed to apply such General Revenue Fund of the State of Oklahoma for such purpose. The State of Oklahoma further pledges to the purchasers, owners and holders of said bonds that it will, if and when it shall appear to be necessary, impose and collect a tax and devote the proceeds thereof, or so much thereof as may be necessary for the purpose of paying the principal and interest of the bonds issued hereunder as they come due. The bonds issued hereunder, and the interest thereon, shall be general obligations of the State of Oklahoma, and the full faith, credit and resources of the State of Oklahoma are pledged to their payment. The Commission is authorized to incorporate in the face of each of the bonds issued under this act, pledges the same or substantially the same as those made herein. The pledges and covenants so made by the Commission shall constitute the commitment of the State of Oklahoma, made in full good faith, in its sovereign capacity, and shall be binding upon said state and the Legislature, officers, instrumentalities and agents thereof, so long as any of the interest on, or principal of, said bonds shall remain outstanding and unpaid. The Commission is authorized to make such other equallybinding covenants and agreements, not inconsistent with this act or House Joint Resolution No. 522 of the 30th Oklahoma Legislature, as it deems to be needful and appropriate to the general purpose of effectuating this act.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1967, c. 289, &sect; 3, emerg. eff. May 8, 1967. &nbsp;</span></p> <p><span class="cls0">&sect;6257.84. Serial coupon bonds Maturities Interest payment dates Call.&nbsp;</span></p> <p><span class="cls0">Bonds issued under this act shall be serial coupon bonds. Said bonds and the interest thereon shall be payable at such place or places as may be designated by the State of Oklahoma Building Bonds Commission. Said bonds shall be issued in series bearing such date or dates as set forth in Section 3 herein, and shall mature as follows:&nbsp;</span></p> <p><span class="cls0"> SERIES C&nbsp;</span></p> <p><span class="cls0">7/15/71&nbsp;&nbsp;$200,000.00&nbsp;</span></p> <p><span class="cls0">7/15/72&nbsp;&nbsp;$200,000.00&nbsp;</span></p> <p><span class="cls0">7/15/73&nbsp;&nbsp;$200,000.00&nbsp;</span></p> <p><span class="cls0">7/15/74&nbsp;&nbsp;$200,000.00&nbsp;</span></p> <p><span class="cls0">7/15/75&nbsp;&nbsp;$300,000.00&nbsp;</span></p> <p><span class="cls0">7/15/76&nbsp;&nbsp;$300,000.00&nbsp;</span></p> <p><span class="cls0">7/15/77&nbsp;&nbsp;$300,000.00&nbsp;</span></p> <p><span class="cls0">7/15/78&nbsp;&nbsp;$500,000.00&nbsp;</span></p> <p><span class="cls0">7/15/79&nbsp;&nbsp;$500,000.00&nbsp;</span></p> <p><span class="cls0">7/15/80&nbsp;&nbsp;$500,000.00&nbsp;</span></p> <p><span class="cls0">7/15/81&nbsp;&nbsp;$500,000.00&nbsp;</span></p> <p><span class="cls0">7/15/82&nbsp;&nbsp;$500,000.00&nbsp;</span></p> <p><span class="cls0">7/15/83&nbsp;&nbsp;$500,000.00&nbsp;</span></p> <p><span class="cls0">7/15/84&nbsp;&nbsp;$700,000.00&nbsp;</span></p> <p><span class="cls0">7/15/85&nbsp;&nbsp;$700,000.00&nbsp;</span></p> <p><span class="cls0">7/15/86&nbsp;&nbsp;$700,000.00&nbsp;</span></p> <p><span class="cls0">7/15/87&nbsp;&nbsp;$700,000.00&nbsp;</span></p> <p><span class="cls0">7/15/88&nbsp;&nbsp;$700,000.00&nbsp;</span></p> <p><span class="cls0">7/15/89&nbsp;&nbsp;$700,000.00&nbsp;</span></p> <p><span class="cls0">7/15/90&nbsp;&nbsp;$700,000.00&nbsp;</span></p> <p><span class="cls0">7/15/91&nbsp;&nbsp;$700,000.00&nbsp;</span></p> <p><span class="cls0">7/15/92&nbsp;&nbsp;$500,000.00&nbsp;</span></p> <p><span class="cls0">Said bonds shall have interest payable semiannually on January 15 and July 15 of each year, may be in such denomination or denominations, may provide for a reserve to assure prompt payment of the principal and interest of the bonds, may be in such form either coupon or registered, may carry such registration or conversion privileges, may be executed in such manner, may be payable in such medium or payment at such place or places, as may be provided by resolution or resolutions to be adopted by the State of Oklahoma Building Bonds Commission. Provided, that all such bonds maturing on and after ten (10) years from their dates may be subject to call and redemption, in inverse order of bond numbers, at par and accrued interest, with the detailed provisions for such calling and redemption thereof to be fixed by the Commission in the resolution for the issuance of such bonds. Until such time as the State of Oklahoma Institutional Building Bonds of 1965 Sinking Fund Series C shall be sufficient to retire all outstanding bonds and interest coupons, there shall be paid into said sinking fund during each fiscal year, from the sources hereinabove pledged such amounts as may be necessary to pay the interest and principal payable during the next succeeding fiscal year, and an amount sufficient to satisfy the reserve requirements as fixed and provided by the State of Oklahoma Building Bonds Commission in its resolution authorizing the issuance of said bonds. All bonds issued pursuant to this act shall have all the qualities and incidents of negotiable paper, and neither said bonds nor the interest earned thereon shall be subject to taxation by the State of Oklahoma or any county, municipality or political subdivision thereof.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1967, c. 289, &sect; 4, emerg. eff. May 8, 1967. &nbsp;</span></p> <p><span class="cls0">&sect;6257.85. Advertisement for bids Interest Deposit.&nbsp;</span></p> <p><span class="cls0">The Commission shall advertise said bonds for sale in the manner hereinafter provided. Notice of such sale shall be published at least twenty (20) days prior to the date fixed for such sale. Such notice shall be published for at least two (2) consecutive weeks in a newspaper having general circulation in the State of Oklahoma, and at least once in a financial periodical or newspaper known to have general circulation among bond dealers and bond purchasers. Such notice shall state the time and place when and where the Commission will receive written bids for the purchase of the bonds so offered for sale and shall also state that the bonds will be sold to the bidder bidding the lowest interest rate to the State of Oklahoma, stating also, however, that the Commission may, in its discretion, reject all bids submitted and readvertise the bonds for sale. Such notice may contain such other conditions, information and details as the Commission deems appropriate and desirable to secure understanding of the offer and to assure maximum competition between bidders. Upon acceptance of the low bid (which shall not exceed an average rate of interest exceeding four and onehalf percent (4 1/2%) per annum), the bonds shall be issued in accordance therewith and shall be delivered to said purchaser upon payment of the purchase price thereof, which shall be not less than par plus accrued interest to date of delivery. Provided, however, no tender of the bonds shall be valid until after the expiration of the period of contestability, provided for herein. All bidders shall be required to submit with their bids such good faith deposit as may to the Commission seem appropriate. Upon the acceptance of a bid, the Commission shall return to all of the unsuccessful bidders the deposits so made by them. All such deposits by the successful bidder shall become the property of the State of Oklahoma, and shall be credited upon the purchase price of the bonds so sold and with the further agreement that if the purchaser shall fail for five (5) days after the tender of the bonds, to pay the balance of the purchase price, said sale shall be thereby annulled and the deposit shall in such event be retained by the State of Oklahoma and credited to the General Revenue Fund of the state.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1967, c. 289, &sect; 5, emerg. eff. May 8, 1967. &nbsp;</span></p> <p><span class="cls0">&sect;6257.86. Interim bonds.&nbsp;</span></p> <p><span class="cls0">The Commission is authorized to issue one or more interim bonds representative of the bonds so sold, which interim bonds may be in any denomination, shall have all the qualities and be secured by all the covenants and pledges made to secure the bonds so sold, but said interim bonds shall represent the bonded debt only until such time as the definite bonds are printed, executed and delivered to the purchaser thereof. No tender of any such interim bonds shall be valid until the expiration of the period of contestability provided in this act. Simultaneously with delivery of the definitive bonds, any such interim bonds shall be surrendered for cancellation and canceled by the State Treasurer of Oklahoma.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1967, c. 289, &sect; 6, emerg. eff. May 8, 1967. &nbsp;</span></p> <p><span class="cls0">&sect;6257.87. Legal investments.&nbsp;</span></p> <p><span class="cls0">Any bank, trust or insurance company organized under the laws of Oklahoma may invest its capital, surplus and reserve funds and other funds under its control in bonds issued under the provisions of this act. The officers having charge of any fund of the State of Oklahoma, or any department, agency, or institution thereof or any sinking fund of any county, city, town, township, board of education or school district may invest such funds in bonds issued under the provisions hereof. Such bonds shall also be approved as collateral security for the deposit of any public funds and for the investment of trust funds.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1967, c. 289, &sect; 7, emerg. eff. May 8, 1967. &nbsp;</span></p> <p><span class="cls0">&sect;6257.88. Legal opinion Period of contestability Jurisdiction of contest Formalities of execution.&nbsp;</span></p> <p><span class="cls0">Within ten (10) days after the sale or sales of said bonds, the Attorney General of the State of Oklahoma shall examine all of the proceedings of the Commission and all resolutions passed and actions taken by it in connection with the authorization and issuance and sale of such bonds, and shall, if he finds such bond proceedings and sale to be constitutional and lawful, execute his certificate and file the same of record in the Office of the Secretary of State of the State of Oklahoma, which said certificate shall read substantially as follows: "I have examined all proceedings had in connection with the issuance of the State of Oklahoma Institutional Building Bonds of 1965, Series C, in the aggregate principal amount of Ten Million Eight Hundred Thousand Dollars ($10,800,000.00) dated _________, authorized and sold pursuant to Section 37, Article X, Constitution of Oklahoma, and laws of the State of Oklahoma, enacted pursuant thereto, and find said proceedings and sale to be constitutional, lawful and regular in all particulars and that said bonds will be valid legal general obligations of the State of Oklahoma. Unless suit thereon shall be brought in the Supreme Court of the State of Oklahoma within thirty (30) days from the date of this certificate, said bonds shall be incontestable for all purposes. Date________ Attorney General of the State of Oklahoma".&nbsp;</span></p> <p><span class="cls0">A facsimile of such Attorney General's certificate shall appear on each bond so issued. The Supreme Court of Oklahoma is hereby vested with exclusive jurisdiction over any litigation involving the validity of any bonds issued under this act. All bonds shall bear the signature of the Governor and the Secretary of State and shall bear the certificate required by Section 29, Article X, of the Constitution of Oklahoma. Such bonds shall also be registered by the Treasurer of the State of Oklahoma and a statement of such registration shall appear on the back of each bond. The Commission may, by resolution, prescribe that the seal of the State of Oklahoma, or the seals of any of the officers thereof, and any or all signatures required to appear on the bonds or coupons, with the exception of the Governor's signature on the bonds, may be facsimile seals and signatures.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1967, c. 289, &sect; 8, emerg. eff. May 8, 1967. &nbsp;</span></p> <p><span class="cls0">&sect;62-57.89. Delivery - Deposit of proceeds - Investment of surplus.&nbsp;</span></p> <p><span class="cls0">The bonds and interest coupons attached thereto shall be delivered to the purchaser thereof only upon payment of par and accrued interest to the date of delivery thereof, together with any premium bid. The proceeds of the sale of said bonds shall be deposited in the State Treasury, in a fund which is hereby created and designated the "1965 Institutional Building Bond Fund Series C", where they shall remain subject to disposition to be provided for by the Legislature of this state, provided that the State Treasurer, when so directed by the Director of the Office of Management and Enterprise Services and the Oklahoma State Regents for Higher Education acting on behalf of the governing boards, according to the funds allocated, as to the amounts available for investment shall invest said designated amounts of the 1965 Institutional Building Bond Fund Series C in direct obligations of the United States of America or in certificates of deposits from banks in this state acceptable as depositories by the State Treasurer when such certificates of deposits are secured by the acceptable collateral and yield as much as or more than direct obligations of the United States of America. All such investments of said monies must be made so that the same shall mature in time to enable this state to issue warrants for payment of the valid indebtedness incurred for the purpose for which said bonds are issued, when the said indebtedness has been incurred pursuant to legislative authority. The Director of the Office of Management and Enterprise Services and the Oklahoma State Regents for Higher Education shall promptly certify to the State Treasurer the amount of all sums not needed for payment of construction and other legal expenditures payable from the 1965 Institutional Building Bond Fund Series C to meet the construction payment schedule, and upon receipt of such certification the State Treasurer shall make the investment specified in this section. All interest received by the State Treasurer upon the securities referred to in this section shall be deposited in the 1965 Institutional Building Bond Fund Series C.&nbsp;</span></p> <p><span class="cls0">Added Laws 1967, c. 289, &sect; 9, emerg. eff. May 8, 1967. Amended by Laws 1983, c. 304, &sect; 57, eff. July 1, 1983; Laws 1989, c. 343, &sect; 14, operative July 1, 1989.; Laws 2012, c. 304, &sect; 432.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;6257.90. Investment of sinking fund.&nbsp;</span></p> <p><span class="cls0">The State Treasurer shall invest all sinking fund monies in direct obligations of the United States of America or in certificates of deposits from banks in the State of Oklahoma acceptable as depositories by the State Treasurer when such certificates of deposits are secured by acceptable collateral and yield as much or more than direct obligations of the United States of America, to mature in time to meet the principal and interest payments on the 1965 Institutional Building Bonds Series C, which earnings shall be deposited in the sinking fund.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1967, c. 289, &sect; 10, emerg. eff. May 8, 1967. &nbsp;</span></p> <p><span class="cls0">&sect;6257.91. Judicial approval of series.&nbsp;</span></p> <p><span class="cls0">The Commission is authorized in its discretion to file an application with the Supreme Court of Oklahoma for the approval of any series of bonds to be issued hereunder, and exclusive original jurisdiction is hereby conferred upon the Supreme Court to hear and determine each such application. It shall be the duty of the Court to give such applications precedence over the other business of the Court and to consider and pass upon such applications and any protests which may be filed thereto as speedily as possible. Notice of the hearing on each application shall be given by notice published in a newspaper of general circulation in the state that on a day named the Commission will ask the Court to hear its application and approve the bonds. Such notice shall inform all persons interested that they may file protests against the issuance of the bonds and be present at the hearing and contest the legality thereof. Such notice shall be published one time not less than ten (10) days prior to the date named for the hearing and the hearing may be adjourned from time to time in the discretion of the Court. If the Court shall be satisfied that the bonds have been properly authorized in accordance with this act and Section 37, Article X, of the Constitution of Oklahoma, and that when issued they will constitute valid obligations in accordance with their terms, the Court shall render its written opinion approving the bonds and shall fix the time within which a petition for rehearing may be filed. The decision of the Court shall be a judicial determination of the validity of the bonds, shall be conclusive as to the State of Oklahoma, its officers, agents and instrumentalities, and thereafter the bonds so approved and the revenues pledged to their payment shall be incontestable in any court in the State of Oklahoma.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1967, c. 289, &sect; 11, emerg. eff. May 8, 1967. &nbsp;</span></p> <p><span class="cls0">&sect;6257.92. Attorney General.&nbsp;</span></p> <p><span class="cls0">It is provided that the Attorney General of the State of Oklahoma shall represent the said Building Bonds Commission in the discharge of its functions provided by this act, and said Building Bonds Commission shall not employ a private attorney or attorneys.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1967, c. 289, &sect; 12, emerg. eff. May 8, 1967. &nbsp;</span></p> <p><span class="cls0">&sect;6257.101. Purpose.&nbsp;</span></p> <p><span class="cls0">It is hereby declared to be the purpose of this act to further vitalize Section 37, Article X, of the Oklahoma Constitution heretofore vitalized by House Bill No. 1122, enacted by the Thirtieth Oklahoma Legislature, and to direct the issuance and sale of general obligation bonds authorized by said constitutional amendment and vitalizing act.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1968, c. 265, &sect; 1, emerg. eff. April 29, 1968. &nbsp;</span></p> <p><span class="cls0">&sect;62-57.102. Agency for issue and sale.&nbsp;</span></p> <p><span class="cls0">That the State of Oklahoma Building Bonds Commission, created by Title 62, Oklahoma Statutes 1961, Section 57.1, acting for and on behalf of the State of Oklahoma, shall be the agency by and through which the State of Oklahoma shall issue and sell a portion of the "State of Oklahoma Institutional Bonds of 1965" authorized and directed by said House Bill No. 1122.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1968, c. 265, &sect; 2, emerg. eff. April 29, 1968.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;6257.103. Institutional Building Bonds of 1965 Series D Pledges of cigarette tax and sinking fund General obligation.&nbsp;</span></p> <p><span class="cls0">The Commission, acting for and on behalf of the State of Oklahoma, shall issue, sell and deliver, as hereinafter provided, a series of bonds designated "State of Oklahoma Institutional Building Bonds of 1965" (herein called the "Series D Bonds"), in the principal sum of Sixteen Million Five Hundred Twentyfive Thousand Dollars ($16,525,000.00). It is hereby expressly provided and pledged for the benefit of the purchasers, owners and holders of said bonds that seven cents ($0.07) of the tax on each package of cigarettes levied by Section 302 of House Bill No. 511, enacted by the Thirtieth Oklahoma Legislature, constituting the remainder of revenue available for the revenues lawfully levied and collected by the State of Oklahoma on the sale of cigarettes not already committed to other obligations of the State of Oklahoma, or so much as may be necessary, shall be devoted irrevocably to the payment and discharge of the interest on, and the principal of, the bonds issued hereunder as the same become due, and to create an adequate reserve to assure such payments when due; and said revenues shall be, and hereby are, irrevocably pledged for such purposes. There is in the State Treasury a fund known as the "State of Oklahoma Institutional Building Bonds of 1965 Sinking Fund" (herein called the "sinking fund"), established by said House Bill No. 1122, which is hereby irrevocably pledged to the payment of the interest on, and principal of, the Series D Bonds, in addition to other State of Oklahoma Institutional Building Bonds of 1965, and monies to the credit thereof shall be paid out only in the manner and at the time and places provided for in the resolution or resolutions of the Commission authorizing the issuance of such bonds. Beginning on the first day of the month following the adoption of said constitutional amendment, the Oklahoma Tax Commission, when transmitting to the State Treasurer the monthly collection of the tax on cigarettes, shall also transmit to the State Treasurer a schedule showing the net proceeds of seven cents ($0.07) of the tax on each package of cigarettes levied by Section 302 of House Bill No. 511, enacted by the Thirtieth Oklahoma Legislature. It shall be the duty of the State Treasurer, upon receiving said taxes and schedules from the Oklahoma Tax Commission, to deposit in the sinking fund such portions of the cigarette tax or taxes hereinabove pledged to the payment of the bonds issued hereunder as may be necessary to assure prompt payment of the interest on, and the principal of, the outstanding State of Oklahoma Institutional Building Bonds of 1965 as the same fall due. The State Treasurer shall deposit in the sinking fund, in addition to all other amounts required to be deposited therein, the following sums for the following fiscal years for the payment of the principal upon the Series D Bonds:&nbsp;</span></p> <p><span class="cls0">For the fiscal years commencing July 1, 1971, 1972 and 1973, the sum of Two Hundred Thousand Dollars ($200,000.00) each year; for the fiscal years commencing July 1, 1974, 1975, and 1976, the sum of Four Hundred Thousand Dollars ($400,000.00) each year; for the fiscal years commencing July 1, 1977, to and including the fiscal year commencing July 1, 1982, the sum of Seven Hundred Thousand Dollars ($700,000.00) each year; for the fiscal years commencing July 1, 1983, to and including the fiscal year commencing July 1, 1991, the sum of One Million Dollars ($1,000,000.00) each year; for the fiscal year commencing July 1, 1992, the sum of One Million Five Hundred Twentyfive Thousand Dollars ($1,525,000.00) and, in addition thereto, in each of said fiscal years the amount necessary for the payment of interest on the Series D Bonds. In the event that the payments into the sinking fund in any fiscal year plus the accumulation in such sinking fund is not sufficient to pay the principal and interest due the following July 15 on the State of Oklahoma Institutional Building Bonds of 1965, then it shall be the duty of the State Treasurer to pay into said sinking fund from the cigarette funds such sum of money as may be necessary to pay said principal and interest. The cigarette tax monies hereinabove pledged to the retirement of the Series D Bonds shall constitute the primary revenue dedicated to the payment of the interest on, and the principal of, said bonds issued hereunder, but it is further pledged, for the purchasers, owners and holders of said bonds, that the State of Oklahoma, if and when it shall appear to be necessary, hereby devotes irrevocably to the payment of the interest on, and principal of said bonds, any monies in the General Revenue Fund of the State of Oklahoma not otherwise obligated, committed or appropriated, and the State Treasurer is directed to apply such General Revenue Fund of the State of Oklahoma for such purpose. The State of Oklahoma further pledges to the purchasers, owners and holders of said bonds that it will, if and when it shall appear to be necessary, impose and collect a tax and devote the proceeds thereof, or so much thereof as may be necessary, for the purpose of paying the principal of and interest on the Series D Bonds issued hereunder as they come due. The Series D Bonds issued hereunder, and the interest thereon, shall be general obligations of the State of Oklahoma, and the full faith, credit and resources of the State of Oklahoma are pledged to their payment. The Commission is authorized to incorporate on the face of each of the bonds issued under this act, pledges the same or substantially the same as those made herein. The pledges and covenants so made by the Commission shall constitute the commitment of the State of Oklahoma, made in full good faith, in its sovereign capacity, and shall be binding upon said state and the Legislature, officers, instrumentalities and agents thereof, so long as any of the interest on, or principal of, said bonds shall remain outstanding and unpaid. The Commission is authorized to make such other equally binding covenants and agreements, not inconsistent with this act or House Joint Resolution No. 522 (552) of the Thirtieth Oklahoma Legislature, as it deems to be needful and appropriate to the general purpose of effectuating this act.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1968, c. 265, &sect; 3, emerg. eff. April 29, 1968. &nbsp;</span></p> <p><span class="cls0">&sect;6257.104. Serial coupon bonds Maturities Interest payment dates Call and redemption.&nbsp;</span></p> <p><span class="cls0">The Series D Bonds shall be serial coupon bonds. Said bonds and the interest thereon shall be payable at such place or places as may be designated by the State of Oklahoma Building Bonds Commission. The Series D Bonds shall mature on July 15 in the years and amounts, respectively, as follows:&nbsp;</span></p> <p class="cls6"><span class="cls0">Years&nbsp;&nbsp;&nbsp;&nbsp;Amounts&nbsp;</span></p> <p class="cls6"><span class="cls0">1972&nbsp;&nbsp;&nbsp;&nbsp; $ 200,000.00&nbsp;</span></p> <p class="cls6"><span class="cls0">1973&nbsp;&nbsp;&nbsp;&nbsp; $ 200,000.00&nbsp;</span></p> <p class="cls6"><span class="cls0">1974&nbsp;&nbsp;&nbsp;&nbsp; $ 200,000.00&nbsp;</span></p> <p class="cls6"><span class="cls0">1975&nbsp;&nbsp;&nbsp;&nbsp; $ 400,000.00&nbsp;</span></p> <p class="cls6"><span class="cls0">1976&nbsp;&nbsp;&nbsp;&nbsp; $ 400,000.00&nbsp;</span></p> <p class="cls6"><span class="cls0">1977&nbsp;&nbsp;&nbsp;&nbsp; $ 400,000.00&nbsp;</span></p> <p class="cls6"><span class="cls0">1978&nbsp;&nbsp;&nbsp;&nbsp; $ 700,000.00&nbsp;</span></p> <p class="cls6"><span class="cls0">1979&nbsp;&nbsp;&nbsp;&nbsp; $ 700,000.00&nbsp;</span></p> <p class="cls6"><span class="cls0">1980&nbsp;&nbsp;&nbsp;&nbsp; $ 700,000.00&nbsp;</span></p> <p class="cls6"><span class="cls0">1981&nbsp;&nbsp;&nbsp;&nbsp; $ 700,000.00&nbsp;</span></p> <p class="cls6"><span class="cls0">1982&nbsp;&nbsp;&nbsp;&nbsp; $ 700,000.00&nbsp;</span></p> <p class="cls6"><span class="cls0">1983&nbsp;&nbsp;&nbsp;&nbsp; $ 700,000.00&nbsp;</span></p> <p class="cls6"><span class="cls0">1984&nbsp;&nbsp;&nbsp;&nbsp; $1,000,000.00&nbsp;</span></p> <p class="cls6"><span class="cls0">1985&nbsp;&nbsp;&nbsp;&nbsp; $1,000,000.00&nbsp;</span></p> <p class="cls6"><span class="cls0">1986&nbsp;&nbsp;&nbsp;&nbsp; $1,000,000.00&nbsp;</span></p> <p class="cls6"><span class="cls0">1987&nbsp;&nbsp;&nbsp;&nbsp; $1,000,000.00&nbsp;</span></p> <p class="cls6"><span class="cls0">1988&nbsp;&nbsp;&nbsp;&nbsp; $1,000,000.00&nbsp;</span></p> <p class="cls6"><span class="cls0">1989&nbsp;&nbsp;&nbsp;&nbsp; $1,000,000.00&nbsp;</span></p> <p class="cls6"><span class="cls0">1990&nbsp;&nbsp;&nbsp;&nbsp; $1,000,000.00&nbsp;</span></p> <p class="cls6"><span class="cls0">1991&nbsp;&nbsp;&nbsp;&nbsp; $1,000,000.00&nbsp;</span></p> <p class="cls6"><span class="cls0">1992&nbsp;&nbsp;&nbsp;&nbsp; $1,000,000.00&nbsp;</span></p> <p class="cls6"><span class="cls0">1993&nbsp;&nbsp;&nbsp;&nbsp; $1,525,000.00&nbsp;</span></p> <p><span class="cls0">The Series D Bonds shall bear interest, payable semiannually on January 15 and July 15 of each year, may be in such denomination or denominations, may be secured by a reserve to assure prompt payment of the principal and interest, may be in such form either coupon or registered, may carry such registration or conversion privileges, may be executed in such manner, may be payable in such medium of payment at such place or places, as may be provided by resolution or resolutions to be adopted by the State of Oklahoma Building Bonds Commission; provided, that all such bonds maturing on and after ten (10) years from their dates may be subject to call and redemption, in inverse order of bond numbers, at par and accrued interest, with the detailed provisions for such calling and redemption thereof to be fixed by the Commission in the resolution or resolutions for the issuance of such bonds. Until such time as the sinking fund shall be sufficient to retire all outstanding State of Oklahoma Institutional Building Bonds of 1965, including interest thereon, there shall be paid into the sinking fund during each fiscal year from the sources hereinabove pledged such amounts as may be necessary to pay the interest and principal payable during the next succeeding fiscal year, and an amount sufficient to satisfy the reserve requirements as fixed and provided by the State of Oklahoma Building Bonds Commission in its resolution or resolutions authorizing the issuance of said bonds. All bonds issued pursuant to this act shall have all the qualities and incidents of negotiable paper, and neither said bonds nor the interest earned thereon shall be subject to taxation by the State of Oklahoma or any county, municipality or political subdivision thereof.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1968, c. 265, &sect; 4, emerg. eff. April 29, 1968. &nbsp;</span></p> <p><span class="cls0">&sect;6257.105. Advertisement for bids Interest Deposit.&nbsp;</span></p> <p><span class="cls0">The Commission shall advertise the Series D Bonds for sale in the manner hereinafter provided. Notice of such sale shall be published at least once in each of two (2) consecutive weeks prior to the date fixed for such sale in a newspaper having a general circulation in the State of Oklahoma and at least once not less than twenty (20) days prior to the date fixed for such sale in a financial periodical or newspaper known to have general circulation among bond dealers and bond purchasers. Such notice shall state the time and place when and where the Commission will receive written bids for the purchase of the bonds so offered for sale and shall also state that the bonds will be sold to the bidder bidding the lowest interest cost to the State of Oklahoma, such cost to be determined by deducting the total amount of any premium bid from the aggregate amount of interest on all of the bonds from their date until their respective maturities, stating also, however, that the Commission may, in its discretion, reject all bids submitted and readvertise the bonds for sale. Such notice may contain such other conditions, information and details as the Commission deems appropriate and desirable to secure understanding of the offer and to assure maximum competition between bidders. Upon acceptance of any bid (which shall name the interest rate or rates, not exceeding five percent (5%) per annum), the bonds shall be issued in accordance therewith and shall be delivered to said purchaser upon payment of the purchase price thereof, which shall be not less than par plus accrued interest to date of delivery; provided, however, that no tender of the bonds shall be valid until after the expiration of the period of contestability provided for herein. All bidders shall be required to submit with their bids such good faith deposit as may to the Commission seem appropriate. Upon the acceptance of a bid, the Commission shall return to all of the unsuccessful bidders the deposits so made by them. All such deposits by the successful bidder shall become the property of the State of Oklahoma, and shall be credited upon the purchase price of the bonds so sold and with the further agreement that if the purchaser shall fail for five (5) days after the tender of the bonds to pay the balance of the purchase price, said sale shall be thereby annulled and the deposit shall in such event be retained by the State of Oklahoma and credited to the General Revenue Fund of the state.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1968, c. 265, &sect; 5, emerg. eff. April 29, 1968. &nbsp;</span></p> <p><span class="cls0">&sect;6257.106. Interim bonds.&nbsp;</span></p> <p><span class="cls0">The Commission is authorized to issue one or more interim bonds representative of the bonds so sold, which interim bonds may be in any denomination, shall have all the qualities and be secured by all the covenants and pledges made to secure the bonds so sold, but said interim bonds shall represent the bonded debt only until such time as the definitive bonds are printed, executed and delivered to the purchaser thereof. No tender of any such interim bonds shall be valid until the expiration of the period of contestability provided in this act. Simultaneously with delivery of the definitive bonds, any such interim bonds shall be surrendered for cancellation and canceled by the State Treasurer of Oklahoma.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1968, c. 265, &sect; 6, emerg. eff. April 29, 1968. &nbsp;</span></p> <p><span class="cls0">&sect;6257.107. Legal investments.&nbsp;</span></p> <p><span class="cls0">Any bank, trust or insurance company organized under the laws of Oklahoma may invest its capital, surplus and reserve funds and other funds under its control in bonds issued under the provisions of this act. The officers having charge of any fund of the State of Oklahoma, or any department, agency, or institution thereof or any sinking fund of any county, city, town, township, board of education or school district may invest such funds in bonds issued under the provisions hereof. Such bonds shall also be approved as collateral security for the deposit of any public funds and for the investment of trust funds.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">1968, c. 265, &sect; 7, emerg. eff. April 29, 1968. &nbsp;</span></p> <p><span class="cls0">&sect;6257.108. Legal opinion Period of contestability Jurisdiction of contest Formalities of execution.&nbsp;</span></p> <p><span class="cls0">Within ten (10) days after the sale or sales of said bonds, the Attorney General of the State of Oklahoma shall examine all of the proceedings of the Commission and all resolutions passed and actions taken by it in connection with the authorization and issuance and sale of such bonds, and shall, if he finds such bond proceedings and sale to be constitutional and lawful, execute his certificate and file the same of record in the Office of the Secretary of State of the State of Oklahoma, which said certificate shall read substantially as follows:&nbsp;</span></p> <p><span class="cls0">"I have examined all proceedings had in connection with the issuance of the State of Oklahoma Institutional Building Bonds of 1965, Series D, in the aggregate principal amount of Sixteen Million five Hundred Twentyfive Thousand Dollars ($16,525,000.00), dated ___________, authorized and sold pursuant to Section 37, Article X, Constitution of Oklahoma, and laws of the State of Oklahoma enacted pursuant thereto, and find said proceedings and sale to be constitutional, lawful and regular in all particulars and that said bonds will be valid legal general obligations of the State of Oklahoma. Unless suit thereon shall be brought in the Supreme Court of the State of Oklahoma within thirty (30) days from the date of this certificate, said bonds shall be incontestable for all purposes.&nbsp;</span></p> <p><span class="cls0">Date________________ _________________________________________"&nbsp;</span></p> <p class="cls4"><span class="cls0"> Attorney General of the State of Oklahoma&nbsp;</span></p> <p><span class="cls0">A facsimile of such Attorney General's certificate shall appear on each bond so issued. The Supreme Court of Oklahoma is hereby vested with exclusive jurisdiction over any litigation involving the validity of any bonds issued under this act. All bonds shall bear the signature of the Governor and the Secretary of State and shall bear the certificate required by Section 29, Article X, of the Constitution of Oklahoma. Such bonds shall also be registered by the Treasurer of the State of Oklahoma and a statement of such registration shall appear on the back of each bond. The Commission may, by resolution, prescribe that the seal of the State of Oklahoma, or the seals of any of the officers thereof, and any or all signatures required to appear on the bonds or coupons, with the exception of either the Governor's or the Secretary of State's signature on the bonds, may be facsimile seals and signatures.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1968, c. 265, &sect; 8, emerg. eff. April 29, 1968. &nbsp;</span></p> <p><span class="cls0">&sect;62-57.109. Delivery - Deposit of proceeds - Investment of surplus.&nbsp;</span></p> <p><span class="cls0">The bonds and interest coupons attached thereto shall be delivered to the purchaser thereof only upon payment of par and accrued interest to the date of delivery thereof, together with any premium bid. The proceeds of the sale of said bonds shall be deposited in the State Treasury in the sinking fund, where they shall remain subject to disposition as provided for by the Legislature of this state, provided that the State Treasurer, when so directed by the Director of the Office of Management and Enterprise Services and the Oklahoma State Regents for Higher Education acting on behalf of the governing boards, according to the funds allocated, as to the amounts available for investment shall invest said designated amounts of the sinking fund in direct obligations of the United States of America or in certificates of deposits from banks in this state acceptable as depositories by the State Treasurer when such certificates of deposits are secured by the acceptable collateral and yield as much as or more than direct obligations of the United States of America. All such investments of said monies must be made so that the same shall mature in time to enable this state to issue warrants for payment of the valid indebtedness incurred for the purpose for which said bonds are issued, when the said indebtedness has been incurred pursuant to legislative authority. The Director of the Office of Management and Enterprise Services and the Oklahoma State Regents for Higher Education shall promptly certify to the State Treasurer the amount of all sums not needed for payment of construction and other legal expenditures payable from the sinking fund to meet the construction payment schedule, and upon receipt of such certification the State Treasurer shall make the investment specified in this section. All interest received by the State Treasurer upon the securities referred to in this section shall be deposited in the sinking fund.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1968, c. 265, &sect; 9, emerg. eff. April 29, 1968. Amended by Laws 1983, c. 304, &sect; 58, eff. July 1, 1983; Laws 1989, c. 343, &sect; 16, operative July 1, 1989; Laws 2012, c. 304, &sect; 433.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;6257.110. Investment of sinking fund.&nbsp;</span></p> <p><span class="cls0">The State Treasurer shall invest all sinking fund monies in direct obligations of the United States of America or in certificates of deposits from banks in the State of Oklahoma acceptable as depositories by the State Treasurer, when such certificates of deposits are secured by acceptable collateral and yield as much or more than direct obligations of the United States of America, to mature in time to meet the principal and interest payments on the Series D Bonds, which earnings shall be deposited in the sinking fund.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1968, c. 265, &sect; 10, emerg. eff. April 29, 1968. &nbsp;</span></p> <p><span class="cls0">&sect;6257.111. Judicial approval of Series D Bonds.&nbsp;</span></p> <p><span class="cls0">The Commission is authorized in its discretion to file an application with the Supreme Court of Oklahoma for the approval of the Series D Bonds, and exclusive original jurisdiction is hereby conferred upon the Supreme Court to hear and determine each such application. It shall be the duty of the Court to give such applications precedence over the other business of the Court and to consider and pass upon such applications and any protests which may be filed thereto as speedily as possible. Notice of the hearing on each application shall be given by notice published in a newspaper of general circulation in the State that on a day named the Commission will ask the Court to hear its application and approve the bonds. Such notice shall inform all persons interested that they may file protests against the issuance of the bonds and be present at the hearing and contest the legality thereof. Such notice shall be published one time not less than ten (10) days prior to the date named for the hearing and the hearing may be adjourned from time to time in the discretion of the Court. If the court shall be satisfied that the bonds have been properly authorized in accordance with this act and Section 37, Article X, of the Constitution of Oklahoma, and that when issued they will constitute valid obligations in accordance with their terms, the Court shall render its written opinion approving the bonds and shall fix the time within which a petition for rehearing may be filed. The decision of the Court shall be a judicial determination of the validity of the bonds, shall be conclusive as to the State of Oklahoma, its officers, agents and instrumentalities, and thereafter the bonds so approved and the revenues pledged to their payment shall be incontestable in any court in the State of Oklahoma.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1968, c. 265, &sect; 11, emerg. eff. April 29, 1968. &nbsp;</span></p> <p><span class="cls0">&sect;6257.112. Attorney General to represent Commission.&nbsp;</span></p> <p><span class="cls0">It is provided that the Attorney General of the State of Oklahoma shall represent the said Building Bonds Commission in the discharge of its functions provided by this act, and said Building Bonds Commission shall not employ a private attorney or attorneys.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1968, c. 265, &sect; 12, emerg. eff. April 29, 1968. &nbsp;</span></p> <p><span class="cls0">&sect;62-57.121. Purpose.&nbsp;</span></p> <p><span class="cls0">It is hereby declared to be the purpose of this act to vitalize Section 38, Article X, of the Oklahoma Constitution and to direct the issuance and sale of general obligation bonds authorized by said constitutional amendment.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1969, c. 339, &sect; 1, emerg. eff. May 8, 1969.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-57.122. Building Bonds Commission as agency - Indebtedness - Purposes.&nbsp;</span></p> <p><span class="cls0">The State of Oklahoma Building Bonds Commission, acting for and on behalf of the State of Oklahoma, shall be the agency by and through which the State of Oklahoma shall incur indebtedness to the extent of the sum of Ninetynine Million Eight Hundred Eight Thousand Dollars ($99,808,000.00) for the purpose of planning and constructing new buildings or additions to existing state buildings and other capital improvements for remodeling, modernizing and repairing existing buildings and capital improvements and purchase of land, equipment and furnishings necessary for construction or remodeling for the following departments and agencies of state government in the amounts and for the purposes set forth as follows:&nbsp;</span></p> <p class="cls7"><span class="cls0">1. The constituent institutions of The Oklahoma State System of Higher Education&nbsp;&nbsp;$34,250,000.00&nbsp;</span></p> <p class="cls7"><span class="cls0">2. Medical Center of the University of Oklahoma&nbsp;&nbsp;26,870,000.00&nbsp;</span></p> <p class="cls7"><span class="cls0">3. A new junior college at Tulsa&nbsp;&nbsp;4,000,000.00&nbsp;</span></p> <p class="cls7"><span class="cls0">4. A new junior college at Midwest City and new or existing community junior colleges&nbsp;&nbsp;2,000,000.00&nbsp;</span></p> <p class="cls8"><span class="cls0">5. Griffin Memorial Hospital, Eastern State Hospital, Western State Hospital and Taft State Hospital, and for community mental health centers, provided not more than $1,200,000.00 may be spent on community mental health centers&nbsp;&nbsp;8,000,000.00&nbsp;</span></p> <p class="cls7"><span class="cls0">6. Administrative offices and laboratories of the State Health Department&nbsp;&nbsp;4,516,000.00&nbsp;</span></p> <p class="cls7"><span class="cls0">7. Oklahoma General Hospital&nbsp;&nbsp;500,000.00&nbsp;</span></p> <p class="cls9"><span class="cls0">8. Acquisition of land and completion of streets and highways in the State Capitol Complex&nbsp;&nbsp;1,875,000.00&nbsp;</span></p> <p class="cls7"><span class="cls0">9. Equipment and remodeling at Wiley Post Building and acquisition and improvement of historic sites&nbsp;&nbsp;125,000.00&nbsp;</span></p> <p class="cls10"><span class="cls0">10. Technology center schools and technical institutes and equipment&nbsp;&nbsp;5,750,000.00&nbsp;</span></p> <p class="cls10"><span class="cls0">11. Oklahoma State University Institute of Technology-Okmulgee&nbsp;&nbsp;1,500,000.00&nbsp;</span></p> <p class="cls11"><span class="cls0">12. Southern Oklahoma Resource Center of Pauls Valley, the Northern Oklahoma Resource Center of Enid, Hissom Memorial Center, School for the Blind, School for the Deaf, Whitaker State Children's Home, Taft State Children's Home, Helena State School for Boys, Boley State School for Boys, Taft State School for Girls and Tecumseh Girls' Town&nbsp;&nbsp;4,375,000.00&nbsp;</span></p> <p class="cls10"><span class="cls0">13. Construction of a Juvenile Diagnostic Evaluation and Receiving Center&nbsp;&nbsp;1,000,000.00&nbsp;</span></p> <p class="cls10"><span class="cls0">14. Construction of a Plans and Training Building and for district headquarters of the Department of Public Safety&nbsp;&nbsp;497,000.00&nbsp;</span></p> <p class="cls12"><span class="cls0">15. Construction of headquarters, warehouse and armory buildings of State Military Department&nbsp;&nbsp;1,500,000.00&nbsp;</span></p> <p class="cls13"><span class="cls0">16. State Bureau of Investigation headquarters building&nbsp;&nbsp;200,000.00&nbsp;</span></p> <p class="cls10"><span class="cls0">17. Construction and equipping of a reception and diagnostic center and other capital improvements at the State Penitentiary&nbsp;&nbsp;1,000,000.00&nbsp;</span></p> <p class="cls14"><span class="cls0">18. Constructing, renovating and equipping academic and vocational school facilities and other capital projects at the State Reformatory&nbsp;&nbsp;750,000.00&nbsp;</span></p> <p class="cls10"><span class="cls0">19. Eastern Oklahoma Tuberculosis Sanatorium&nbsp;&nbsp;250,000.00&nbsp;</span></p> <p class="cls10"><span class="cls0">20. Western Oklahoma Tuberculosis Sanatorium&nbsp;&nbsp;250,000.00&nbsp;</span></p> <p class="cls11"><span class="cls0">21. Constructing community social service centers at Ada, Shawnee, Lawton and other communities approved by the State Department of Health&nbsp;&nbsp;500,000.00&nbsp;</span></p> <p class="cls7"><span class="cls0">22. Cerebral Palsy Institute&nbsp;&nbsp;100,000.00&nbsp;</span></p> <p><span class="cls0">Added by Laws 1969, c. 339, &sect; 2, emerg. eff. May 8, 1969. Amended by Laws 1990, c. 265, &sect; 60, operative July 1, 1990; Laws 1992, c. 307, &sect; 9, eff. July 1, 1992; Laws 2001, c. 33, &sect; 54, eff. July 1, 2001; Laws 2008, c. 54, &sect; 2, eff. July 1, 2008.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;6257.123. Issuance and sale of bonds Series.&nbsp;</span></p> <p><span class="cls0">The Commission, acting for and on behalf of the State of Oklahoma, shall issue, sell and deliver, as hereinafter provided, "State of Oklahoma Building Bonds of 1968" in the principal sum of Ninetynine Million Eight Hundred Eight Thousand Dollars ($99,808,000.00). The Commission is hereby authorized and directed to issue, sell and deliver said bonds as follows:&nbsp;</span></p> <p><span class="cls0">Series A, in the principal sum of Thirty Million Three Hundred Thousand Dollars ($30,300,000.00) on or about July 15, 1969;&nbsp;</span></p> <p><span class="cls0">Series B, in the principal sum of Twentyfive Million Dollars ($25,000,000.00), on or about July 15, 1970;&nbsp;</span></p> <p><span class="cls0">Series C, in the principal sum of Twentyfive Million Dollars ($25,000,000.00), on or about July 15, 1971; and&nbsp;</span></p> <p><span class="cls0">Series D, in the principal sum equal to the balance of the amount authorized in Section 38, Article X of the Oklahoma Constitution.&nbsp;</span></p> <p><span class="cls0">The bonds in Series B, C and D shall not be sold, issued or delivered until the Legislature has enacted a bill or joint resolution (1) confirming the authorization contained in this section, (2) confirming or adjusting the amount of bonds to be sold and (3) determining the schedule for the payments into the sinking fund and maturity schedule for such series. All proceeds from the sale of such bonds shall be deposited in the State Treasury to the credit of the "State of Oklahoma Building Bonds of 1968 Fund" which is hereby created.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1969, c. 339, &sect; 3, emerg. eff. May 8, 1969. &nbsp;</span></p> <p><span class="cls0">&sect;6257.124. Pledge of cigarette tax.&nbsp;</span></p> <p><span class="cls0">It is hereby expressly provided and pledged for the benefit of the purchasers, owners and holders of said bonds that five cents ($0.05) of the tax on each package of cigarettes levied by Section 1, Chapter 47, 1968 Oklahoma Session Laws, constituting the remainder of revenue available for the revenues lawfully levied and collected by the State of Oklahoma on the sale of cigarettes not already committed to other obligations of the State of Oklahoma, or so much as may be necessary, shall be devoted irrevocably to the payment and discharge of the interest on, and the principal of, the bonds issued hereunder as the same become due, and said revenues shall be, and hereby are, irrevocably pledged for such purposes.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1969, c. 339, &sect; 4, emerg. eff. May 8, 1969. &nbsp;</span></p> <p><span class="cls0">&sect;6257.125. Sinking fund.&nbsp;</span></p> <p><span class="cls0">There is hereby created in the State Treasury a fund to be known as the "State of Oklahoma Building Bonds of 1968 Sinking Fund" (herein called the "sinking fund"), which is hereby irrevocably pledged to the payment of the interest on, and principal of, the bonds issued hereunder, and monies to the credit thereof shall be paid out only in the manner and at the time and places provided for in the resolution or resolutions of the Commission authorizing the issuance of such bonds. Beginning on the first day of the month following the adoption of said constitutional amendment, the Oklahoma Tax Commission, when transmitting to the State Treasurer the monthly collection of the tax on cigarettes, shall also transmit to the State Treasurer a schedule showing the net proceeds of the tax on each package of cigarettes levied by Section 1, Chapter 47, 1968 Oklahoma Session Laws. It shall be the duty of the State Treasurer, upon receiving said taxes and schedules from the Oklahoma Tax Commission, to deposit in the Sinking Fund such portions of the cigarette tax or taxes hereinabove pledged to the payment of the bonds issued hereunder as may be necessary to assure prompt payment of the interest on, and the principal of, the outstanding State of Oklahoma Building Bonds of 1968 as the same fall due.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1969, c. 339, &sect; 5, emerg. eff. May 8, 1969. &nbsp;</span></p> <p><span class="cls0">&sect;6257.126. Deposits for payment of principal.&nbsp;</span></p> <p><span class="cls0">The State Treasurer shall deposit in the sinking fund, in addition to all other amounts required to be deposited therein, the following sums for the following fiscal years for the payment of the principal upon the Series A Bonds:&nbsp;</span></p> <p><span class="cls0">FISCAL YEAR BEGINNING&nbsp;</span></p> <p class="cls6"><span class="cls0"> JULY 1&nbsp;&nbsp;&nbsp;&nbsp; AMOUNT&nbsp;</span></p> <p class="cls6"><span class="cls0"> 1969&nbsp;&nbsp;&nbsp;&nbsp;0&nbsp;</span></p> <p class="cls6"><span class="cls0"> 1970&nbsp;&nbsp;&nbsp;&nbsp;0&nbsp;</span></p> <p class="cls6"><span class="cls0"> 1971&nbsp;&nbsp;&nbsp;&nbsp;$ 850,000.00&nbsp;</span></p> <p class="cls6"><span class="cls0"> 1972&nbsp;&nbsp;&nbsp;&nbsp; 900,000.00&nbsp;</span></p> <p class="cls6"><span class="cls0"> 1973&nbsp;&nbsp;&nbsp;&nbsp; 1,000,000.00&nbsp;</span></p> <p class="cls6"><span class="cls0"> 1974&nbsp;&nbsp;&nbsp;&nbsp; 1,000,000.00&nbsp;</span></p> <p class="cls6"><span class="cls0"> 1975&nbsp;&nbsp;&nbsp;&nbsp; 1,100,000.00&nbsp;</span></p> <p class="cls6"><span class="cls0"> 1976&nbsp;&nbsp;&nbsp;&nbsp; 1,100,000.00&nbsp;</span></p> <p class="cls6"><span class="cls0"> 1977&nbsp;&nbsp;&nbsp;&nbsp; 1,200,000.00&nbsp;</span></p> <p class="cls6"><span class="cls0"> 1978&nbsp;&nbsp;&nbsp;&nbsp; 1,300,000.00&nbsp;</span></p> <p class="cls6"><span class="cls0"> 1979&nbsp;&nbsp;&nbsp;&nbsp; 1,300,000.00&nbsp;</span></p> <p class="cls6"><span class="cls0"> 1980&nbsp;&nbsp;&nbsp;&nbsp; 1,400,000.00&nbsp;</span></p> <p class="cls6"><span class="cls0"> 1981&nbsp;&nbsp;&nbsp;&nbsp; 1,500,000.00&nbsp;</span></p> <p class="cls6"><span class="cls0"> 1982&nbsp;&nbsp;&nbsp;&nbsp; 1,550,000.00&nbsp;</span></p> <p class="cls6"><span class="cls0"> 1983&nbsp;&nbsp;&nbsp;&nbsp; 1,650,000.00&nbsp;</span></p> <p class="cls6"><span class="cls0"> 1984&nbsp;&nbsp;&nbsp;&nbsp; 1,750,000.00&nbsp;</span></p> <p class="cls6"><span class="cls0"> 1985&nbsp;&nbsp;&nbsp;&nbsp; 1,850,000.00&nbsp;</span></p> <p class="cls6"><span class="cls0"> 1986&nbsp;&nbsp;&nbsp;&nbsp; 1,950,000.00&nbsp;</span></p> <p class="cls6"><span class="cls0"> 1987&nbsp;&nbsp;&nbsp;&nbsp; 2,050,000.00&nbsp;</span></p> <p class="cls6"><span class="cls0"> 1988&nbsp;&nbsp;&nbsp;&nbsp; 2,150,000.00&nbsp;</span></p> <p class="cls6"><span class="cls0"> 1989&nbsp;&nbsp; &nbsp;&nbsp;2,250,000.00&nbsp;</span></p> <p class="cls6"><span class="cls0"> 1990&nbsp;&nbsp;&nbsp;&nbsp; 2,450,000.00&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1969, c. 339, &sect; 6, emerg. eff. May 8, 1969. &nbsp;</span></p> <p><span class="cls0">&sect;6257.127. Pledges and covenants.&nbsp;</span></p> <p><span class="cls0">In the event that the payments into the sinking fund in any fiscal year plus the accumulation in such sinking fund are not sufficient to pay the principal and interest due the following July 15 on the State of Oklahoma Building Bonds of 1968, then it shall be the duty of the State Treasurer to pay into said sinking fund from the State of Oklahoma Building Bonds of 1968 Reserve Fund such sum of money as may be necessary to pay said principal and interest. The cigarette tax monies hereinabove pledged to the retirement of the bonds issued hereunder shall constitute the primary revenue dedicated to the payment of the interest on, and the principal of, said bonds, but it is further pledged, for the purchasers, owners and holders of said bonds, that the State of Oklahoma, if and when it shall appear to be necessary, hereby devotes irrevocably to the payment of the interest on, and principal of, said bonds, any monies in the General Revenue Fund of the State of Oklahoma not otherwise obligated, committed or appropriated, and the State Treasurer is directed to apply such General Revenue Fund of the State of Oklahoma for such purpose. The State of Oklahoma further pledges to the purchasers, owners and holders of said bonds that it will, if and when it shall appear to be necessary, impose and collect a tax and devote the proceeds thereof, or so much thereof as may be necessary, for the purpose of paying the principal of and interest on the bonds issued hereunder as they come due. The bonds issued hereunder, and the interest thereon, shall be general obligations of the State of Oklahoma, and the full faith, credit and resources of the State of Oklahoma are pledged to their payment. The Commission is authorized to incorporate on the face of each of the bonds issued under this act pledges, the same or substantially the same as those made herein. The pledges and covenants so made by the Commission shall constitute the commitment of the State of Oklahoma, made in full good faith, in its sovereign capacity, and shall be binding upon said state and the Legislature, officers, instrumentalities and agents thereof, so long as any of the interest on, or principal of, said bonds shall remain outstanding and unpaid. The Commission is authorized to make such other equallybinding covenants and agreements, not inconsistent with this act or Section 38 of Article X of the Oklahoma Constitution, as it deems to be needful and appropriate to the general purpose of effectuating this act.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1969, c. 339, &sect; 7, emerg. eff. May 8, 1969. &nbsp;</span></p> <p><span class="cls0">&sect;6257.128. Series A Bonds.&nbsp;</span></p> <p><span class="cls0">The Series A Bonds shall be serial coupon bonds. Said bonds and the interest thereon shall be payable at such place or places as may be designated by the State of Oklahoma Building Bonds Commission. The Series A Bonds shall mature on January 15 in the years and amounts, respectively, as follows:&nbsp;</span></p> <p><span class="cls0">YEARS&nbsp;&nbsp; AMOUNTS&nbsp;</span></p> <p><span class="cls0">1972&nbsp;&nbsp;$ 850,000.00&nbsp;</span></p> <p><span class="cls0">1973&nbsp;&nbsp; 900,000.00&nbsp;</span></p> <p><span class="cls0">1974&nbsp;&nbsp; 1,000,000.00&nbsp;</span></p> <p><span class="cls0">1975&nbsp;&nbsp; 1,000,000.00&nbsp;</span></p> <p><span class="cls0">1976&nbsp;&nbsp; 1,100,000.00&nbsp;</span></p> <p><span class="cls0">1977&nbsp;&nbsp; 1,100,000.00&nbsp;</span></p> <p><span class="cls0">1978&nbsp;&nbsp; 1,200,000.00&nbsp;</span></p> <p><span class="cls0">1979&nbsp;&nbsp; 1,300,000.00&nbsp;</span></p> <p><span class="cls0">1980&nbsp;&nbsp; 1,300,000.00&nbsp;</span></p> <p><span class="cls0">1981&nbsp;&nbsp; 1,400,000.00&nbsp;</span></p> <p><span class="cls0">1982&nbsp;&nbsp; 1,500,000.00&nbsp;</span></p> <p><span class="cls0">1983&nbsp;&nbsp; 1,550,000.00&nbsp;</span></p> <p><span class="cls0">1984&nbsp;&nbsp; 1,650,000.00&nbsp;</span></p> <p><span class="cls0">1985&nbsp;&nbsp; 1,750,000.00&nbsp;</span></p> <p><span class="cls0">1986&nbsp;&nbsp; 1,850,000.00&nbsp;</span></p> <p><span class="cls0">1987&nbsp;&nbsp; 1,950,000.00&nbsp;</span></p> <p><span class="cls0">1988&nbsp;&nbsp; 2,050,000.00&nbsp;</span></p> <p><span class="cls0">1989&nbsp;&nbsp; 2,150,000.00&nbsp;</span></p> <p><span class="cls0">1990&nbsp;&nbsp; 2,250,000.00&nbsp;</span></p> <p><span class="cls0">1991&nbsp;&nbsp; 2,450,000.00&nbsp;</span></p> <p><span class="cls0">The Series A Bonds shall bear interest, payable semiannually on January 15 and July 15 of each year, may be in such denomination or denominations, may be in such form either coupon or registered, may carry such registration or conversion privileges, may be executed in such manner, may be payable in such medium of payment at such place or places, as may be provided by resolution or resolutions to be adopted by the State of Oklahoma Building Bonds Commission, provided, that all such bonds maturing on and after ten (10) years from their dates may, at the discretion of the Commission, be made subject to call and redemption, in inverse order of bond numbers, at par or with premium, and accrued interest, with the detailed provisions for such calling and redemption thereof and the amount of the premium, if any, to be fixed by the Commission in the resolution or resolutions for the issuance of such bonds. Until such time as the sinking fund shall be sufficient to retire all outstanding State of Oklahoma Building Bonds of 1968, including interest thereon, there shall be paid into the sinking fund during each fiscal year from the sources hereinabove pledged such amounts as may be necessary to pay the interest and principal as they become due. All bonds issued pursuant to this act shall have all the qualities and incidents of negotiable paper, and neither said bonds nor the interest earned thereon shall be subject to taxation by the State of Oklahoma or any county, municipality or political subdivision thereof.&nbsp;</span></p> <p><span class="cls0">Laws 1969, c. 339, &sect; 8, emerg. eff. May 8, 1969.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;62-57.129. Advertisement and sale of bonds.&nbsp;</span></p> <p><span class="cls0">The Commission shall advertise the bonds for sale in the manner hereinafter provided. Notice of such sale shall be published at least once in each of two (2) consecutive weeks prior to the date fixed for such sale in a newspaper having a general circulation in the State of Oklahoma and at least once not less than twenty (20) days prior to the date fixed for such sale in a financial periodical or newspaper known to have general circulation among bond dealers and bond purchasers. Such notice shall state the time and place when and where the Commission will receive written bids for the purchase of the bonds so offered for sale and shall also state that the bonds will be sold to the bidder bidding the lowest interest cost to the State of Oklahoma, such cost to be determined by deducting the total amount of any premium bid from the aggregate amount of interest on all of the bonds from their date until their respective maturities, stating also, however, that the Commission may, in its discretion, reject all bids submitted and readvertise the bonds for sale. Such notice may contain such other conditions, information and details as the Commission deems appropriate and desirable to secure understanding of the offer and to assure maximum competition between bidders. Upon acceptance of any bid (which shall name the interest rate or rates, not exceeding six percent (6%) per annum), the bonds shall be issued in accordance therewith and shall be delivered to said purchaser upon payment of the purchase price thereof, which shall be not less than par plus accrued interest to date of delivery; provided, however, that no tender of the bonds shall be valid until after the expiration of the period of contestability provided for herein. All bidders shall be required to submit with their bids such good faith deposit as may to the Commission seem appropriate. Upon the acceptance of a bid, the Commission shall return to all of the unsuccessful bidders the deposits so made by them. All such deposits by the successful bidder shall become the property of the State of Oklahoma, and shall be credited upon the purchase price of the bonds so sold and with the further agreement that, if the purchaser shall fail for five (5) days after the tender of the bonds to pay the balance of the purchase price, said sale shall be thereby annulled and the deposit shall in such event be retained by the State of Oklahoma and credited to the General Revenue Fund of the state.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1969, c. 339, &sect; 9, emerg. eff. May 8, 1969.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-57.130. Interim bonds.&nbsp;</span></p> <p><span class="cls0">The Commission is authorized to issue one or more interim bonds representative of the bonds so sold, which interim bonds may be in any denomination, shall have all the qualities and be secured by all the covenants and pledges made to secure the bonds so sold, but said interim bonds shall represent the bonded debt only until such time as the definitive bonds are printed, executed and delivered to the purchaser thereof. No tender of any such interim bonds shall be valid until the expiration of the period of contestability provided in this act. Simultaneously with delivery of the definitive bonds, any such interim bonds shall be surrendered for cancellation and canceled by the State Treasurer of Oklahoma.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1969, c. 339, &sect; 10, emerg. eff. May 8, 1969.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-57.131. Investment - Approval as collateral security.&nbsp;</span></p> <p><span class="cls0">Any bank, trust or insurance company organized under the laws of Oklahoma may invest its capital, surplus and reserve funds and other funds under its control in bonds issued under the provisions of this act. The officers having charge of any fund of the State of Oklahoma, or any department, agency, or institution thereof or any sinking fund of any county, city, town, township, board of education or school district may invest such funds in bonds issued under the provisions hereof. Such bonds shall also be approved as collateral security for the deposit of any public funds and for the investment of trust funds.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1969, c. 339, &sect; 11, emerg. eff. May 8, 1969.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;6257.132. Certificate of Attorney General Signatures and seals.&nbsp;</span></p> <p><span class="cls0">Within ten (10) days after the sale or sales of said bonds, the Attorney General of the State of Oklahoma shall examine all of the proceedings of the Commission and all resolutions passed and actions taken by it in connection with the authorization and issuance and sale of such bonds, and shall, if he finds such bond proceedings and sale to be constitutional and lawful, execute his certificate and file the same of record in the Office of the Secretary of State of the State of Oklahoma, which said certificate shall read substantially as follows:&nbsp;</span></p> <p><span class="cls0">"I have examined all proceedings had in connection with the issuance of the State of Oklahoma Building Bonds of 1968, Series ______, in the aggregate principal amount of _____, dated _____, authorized and sold pursuant to Section 38, Article X, Constitution of Oklahoma, and laws of the State of Oklahoma enacted pursuant thereto, and find said proceedings and sale to be constitutional, lawful and regular in all particulars and that said bonds will be valid legal general obligations of the State of Oklahoma. Unless suit thereon shall be brought in the Supreme Court of the State of Oklahoma within thirty (30) days from the date of this certificate, said bonds shall be incontestable for all purposes.&nbsp;</span></p> <p><span class="cls0">Date _________&nbsp;</span></p> <p class="cls6"><span class="cls0">&nbsp;&nbsp;Attorney General of the&nbsp;</span></p> <p class="cls6"><span class="cls0">&nbsp;&nbsp; State of Oklahoma."&nbsp;</span></p> <p class="cls6"><span class="cls0">&nbsp;&nbsp; _____________________________&nbsp;</span></p> <p><span class="cls0">A facsimile of such Attorney General's certificate shall appear on each bond so issued. The Supreme Court of Oklahoma is hereby vested with exclusive jurisdiction over any litigation involving the validity of any bonds issued under this act. All bonds shall bear the signature of the Governor and the Secretary of State and shall bear the certificate required by Section 29, Article x, of the Constitution of Oklahoma. Such bonds shall also be registered by the Treasurer of the State of Oklahoma and a statement of such registration shall appear on the back of each bond. The commission may, by resolution, prescribe that the seal of the State of Oklahoma, or the seals of any of the officers thereof, and any or all signatures required to appear on the bonds or coupons, with the exception of either the Governor's or the Secretary of State's signature on the bonds, may be facsimile seals and signatures.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1969, c. 339, &sect; 12, emerg. eff. May 8, 1969. &nbsp;</span></p> <p><span class="cls0">&sect;6257.133. Delivery of bonds upon payment Deposit and investment of proceeds Interest.&nbsp;</span></p> <p><span class="cls0">The bonds and interest coupons attached thereto shall be delivered to the purchaser thereof only upon payment of par and accrued interest to the date of delivery thereof, together with any premium bid, if any. The proceeds of the sale of said bonds shall be deposited in the State Treasury of the State of Oklahoma, in the State of Oklahoma Building Bonds of 1968 Fund, where they shall remain subject to disposition as provided for by the Legislature of Oklahoma, provided that the State Treasurer of the State of Oklahoma, when so directed by any agency to which a portion of such fund has been appropriated as to the amount appropriated to such agency, shall invest the amounts designated by such agency for the period or periods of time specified by such agency in direct obligations of the United States of America or in certificates of deposits from banks in the State of Oklahoma acceptable as depositories by the State Treasurer when such certificates of deposits are secured by the acceptable collateral and yield as much or more than direct obligations of the United States of America, and provided further that all such investments of said monies must be so made that the same shall mature in time to enable the State of Oklahoma to issue warrants for payment of the valid indebtedness incurred for the purpose for which said bonds are issued, when the said indebtedness has been incurred pursuant to legislative authority. It shall be the duty of each agency receiving an appropriation to promptly certify to the State Treasurer the amount of all sums not needed for payment of construction and other legal expenditures payable from the fund to meet the construction payment schedule, and upon receipt of such certification the State Treasurer shall forthwith make the aforementioned investment. All interest received by the State Treasurer upon the abovementioned securities after June 30, 1972, shall be deposited in the State of Oklahoma Building Bonds of 1968 Sinking Fund. Any appropriations of such deposited interest enacted prior to June 30, 1972, for the agency for which the investment was made may be expended as provided therein. Any unappropriated amounts of such deposited interest credited on June 30, 1972, to the agency for which the investment was made, as formerly authorized by this section, shall be transferred to the General Revenue Fund.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1969, c. 339, &sect; 13, emerg. eff. May 8, 1969; Laws 1972, c. 238, &sect; 6, operative July 1, 1972. &nbsp;</span></p> <p><span class="cls0">&sect;6257.134. Investment of sinking fund monies.&nbsp;</span></p> <p><span class="cls0">The State Treasurer shall invest all sinking fund monies in direct obligations of the United States of America or in certificates of deposits from banks in the State of Oklahoma acceptable as depositories by the State Treasurer, when such certificates of deposits are secured by acceptable collateral and yield as much or more than direct obligations of the United States of America, to mature in time to meet the principal and interest payments on the bonds, which earnings shall be deposited in the sinking fund.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1969, c. 339, &sect; 14, emerg. eff. May 8, 1969. &nbsp;</span></p> <p><span class="cls0">&sect;6257.135. Approval of bonds by Supreme Court.&nbsp;</span></p> <p><span class="cls0">The Commission is authorized in its discretion to file an application with the Supreme Court of Oklahoma for the approval of the bonds issued hereunder, and exclusive original jurisdiction is hereby conferred upon the Supreme Court to hear and determine each such application. It shall be the duty of the Court to give such applications precedence over the other business of the Court and to consider and pass upon such applications and any protests which may be filed thereto as speedily as possible. Notice of the hearing on each application shall be given by notice published in a newspaper of general circulation in the state that on a day named the commission will ask the Court to hear its application and approve the bonds. Such notice shall inform all persons interested that they may file protests against the issuance of the bonds and be present at the hearing and contest the legality thereof. Such notice shall be published one time not less than ten (10) days prior to the date named for the hearing and the hearing may be adjourned from time to time in the discretion of the Court. If the Court shall be satisfied that the bonds have been properly authorized in accordance with this act and Section 38, Article X, of the Constitution of Oklahoma, and that when issued they will constitute valid obligations in accordance with their terms, the Court shall render its written opinion approving the bonds and shall fix the time within which a petition for rehearing may be filed. The decision of the Court shall be a judicial determination of the validity of the bonds, shall be conclusive as to the State of Oklahoma, its officers, agents and instrumentalities, and thereafter the bonds so approved and the revenues pledged to their payment shall be incontestable in any court in the State of Oklahoma.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1969, c. 339, &sect; 15, emerg. eff. May 8, 1969. &nbsp;</span></p> <p><span class="cls0">&sect;62-57.151. Sale and issuance of bonds authorized - Amount.&nbsp;</span></p> <p><span class="cls0">The State of Oklahoma Building Bonds Commission is hereby authorized and directed to sell and issue Series B of the State of Oklahoma Building Bonds of 1968 in the principal sum of Twenty-six Million Seventy-eight Thousand Dollars ($26,078,000.00) on or about October 15, 1970, under the terms and conditions of Chapter 339, O.S.L.1969 (62 O.S.Supp.1969, Sections 57.121 - 57.136), except where such terms and conditions are superseded by the provisions of this act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1970, c. 317, &sect; 1, emerg eff. April 27, 1970.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;6257.152. Schedule for payments into sinking fund.&nbsp;</span></p> <p><span class="cls0">The State Treasurer shall deposit in the State of Oklahoma Building Bonds of 1968 Sinking Fund, in addition to all other amounts required to be deposited therein, the following sums for the following fiscal year for the payment of the principal upon the Series B Bonds:&nbsp;</span></p> <p class="cls6"><span class="cls0"> FISCAL YEAR&nbsp;&nbsp;&nbsp;&nbsp; AMOUNT&nbsp;</span></p> <p><span class="cls0">BEGINNING JULY 1&nbsp;</span></p> <p class="cls6"><span class="cls0"> 1970&nbsp;&nbsp;&nbsp;&nbsp;0&nbsp;</span></p> <p class="cls6"><span class="cls0"> 1971&nbsp;&nbsp;&nbsp;&nbsp;0&nbsp;</span></p> <p class="cls6"><span class="cls0"> 1972&nbsp;&nbsp;&nbsp;&nbsp;$ 708,000.00&nbsp;</span></p> <p class="cls6"><span class="cls0"> 1973&nbsp;&nbsp;&nbsp;&nbsp; 750,000.00&nbsp;</span></p> <p class="cls6"><span class="cls0"> 1974&nbsp;&nbsp;&nbsp;&nbsp; 795,000.00&nbsp;</span></p> <p class="cls6"><span class="cls0"> 1975&nbsp;&nbsp;&nbsp;&nbsp; 845,000.00&nbsp;</span></p> <p class="cls6"><span class="cls0"> 1976&nbsp;&nbsp;&nbsp;&nbsp; 895,000.00&nbsp;</span></p> <p class="cls6"><span class="cls0"> 1977&nbsp;&nbsp;&nbsp;&nbsp; 950,000.00&nbsp;</span></p> <p class="cls6"><span class="cls0"> 1978&nbsp;&nbsp;&nbsp;&nbsp; 1,005,000.00&nbsp;</span></p> <p class="cls6"><span class="cls0"> 1979&nbsp;&nbsp;&nbsp;&nbsp; 1,070,000.00&nbsp;</span></p> <p class="cls6"><span class="cls0"> 1980&nbsp;&nbsp;&nbsp;&nbsp; 1,130,000.00&nbsp;</span></p> <p class="cls6"><span class="cls0"> 1981&nbsp;&nbsp;&nbsp;&nbsp; 1,195,000.00&nbsp;</span></p> <p class="cls6"><span class="cls0"> 1982&nbsp;&nbsp;&nbsp;&nbsp; 1,270,000.00&nbsp;</span></p> <p class="cls6"><span class="cls0"> 1983&nbsp;&nbsp;&nbsp;&nbsp; 1,350,000.00&nbsp;</span></p> <p class="cls6"><span class="cls0"> 1984&nbsp;&nbsp;&nbsp;&nbsp; 1,425,000.00&nbsp;</span></p> <p class="cls6"><span class="cls0"> 1985&nbsp;&nbsp;&nbsp;&nbsp; 1,510,000.00&nbsp;</span></p> <p class="cls6"><span class="cls0"> 1986&nbsp;&nbsp;&nbsp;&nbsp; 1,605,000.00&nbsp;</span></p> <p class="cls6"><span class="cls0"> 1987&nbsp;&nbsp;&nbsp;&nbsp; 1,700,000.00&nbsp;</span></p> <p class="cls6"><span class="cls0"> 1988&nbsp;&nbsp;&nbsp;&nbsp; 1,800,000.00&nbsp;</span></p> <p class="cls6"><span class="cls0"> 1989&nbsp;&nbsp;&nbsp;&nbsp; 1,910,000.00&nbsp;</span></p> <p class="cls6"><span class="cls0"> 1990&nbsp;&nbsp;&nbsp;&nbsp; 2,025,000.00&nbsp;</span></p> <p class="cls6"><span class="cls0"> 1991&nbsp;&nbsp;&nbsp;&nbsp; 2,140,000.00&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1970, c. 317, &sect; 2, emerg. eff. April 27, 1970. &nbsp;</span></p> <p><span class="cls0">&sect;6257.153. Schedule of repayment Interest.&nbsp;</span></p> <p><span class="cls0">The Series B Bonds shall be serial coupon bonds. Said bonds and the interest thereon shall be payable at such place or places as may be designated by the State of Oklahoma Building Bonds Commission. The Series B Bonds shall mature on January 15 in the years and amounts, respectively, as follows:&nbsp;</span></p> <p><span class="cls0">YEAR AMOUNT&nbsp;</span></p> <p><span class="cls0">1973 $ 708,000.00&nbsp;</span></p> <p><span class="cls0">1974 750,000.00&nbsp;</span></p> <p><span class="cls0">1975 795,000.00&nbsp;</span></p> <p><span class="cls0">1976 845,000.00&nbsp;</span></p> <p><span class="cls0">1977 895,000.00&nbsp;</span></p> <p><span class="cls0">1978 950,000.00&nbsp;</span></p> <p><span class="cls0">1979 1,005,000.00&nbsp;</span></p> <p><span class="cls0">1980 1,070,000.00&nbsp;</span></p> <p><span class="cls0">1981 1,130,000.00&nbsp;</span></p> <p><span class="cls0">1982 1,195,000.00&nbsp;</span></p> <p><span class="cls0">1983 1,270,000.00&nbsp;</span></p> <p><span class="cls0">1984 1,350,000.00&nbsp;</span></p> <p><span class="cls0">1985 1,425,000.00&nbsp;</span></p> <p><span class="cls0">1986 1,510,000.00&nbsp;</span></p> <p><span class="cls0">1987 1,605,000.00&nbsp;</span></p> <p><span class="cls0">1988 1,700,000.00&nbsp;</span></p> <p><span class="cls0">1989 1,800,000.00&nbsp;</span></p> <p><span class="cls0">1990 1,910,000.00&nbsp;</span></p> <p><span class="cls0">1991 2,025,000.00&nbsp;</span></p> <p><span class="cls0">1992 2,140,000.00&nbsp;</span></p> <p><span class="cls0">The Series B Bonds shall bear interest, payable semiannually on January 15 and July 15 of each year, shall be in such denomination or denominations, shall be in such form either coupon or registered, shall carry such registration or conversion privileges, shall be executed in such manner, shall be payable in such medium of payment at such place or places, as shall be provided by resolution or resolutions to be adopted by the State of Oklahoma Building Bonds Commission; provided, that all such bonds maturing on and after ten (10) years from their dates may, at the discretion of the Commission, be made subject to call and redemption, in inverse order of bond numbers, at par or with premium, and accrued interest, with the detailed provisions for such calling and redemption thereof and the amount of the premium, if any, to be fixed by the Commission in the resolution or resolutions for the issuance of such bonds. Until such time as the sinking fund shall be sufficient to retire all outstanding State of Oklahoma Building Bonds of 1968, including interest thereon, there shall be paid into the sinking fund during each fiscal year from the sources hereinabove pledged such amounts as shall be necessary to pay the interest and principal as they become due. All bonds issued pursuant to this act shall have all the qualities and incidents of negotiable paper, and neither said bonds nor the interest earned thereon shall be subject to taxation by the State of Oklahoma or any county, municipality or political subdivision thereof.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1970, c. 317, &sect; 3, emerg. eff. April 27, 1970. &nbsp;</span></p> <p><span class="cls0">&sect;62-57.154. Bids.&nbsp;</span></p> <p><span class="cls0">The State of Oklahoma Building Bonds Commission may reject all bids for such bonds if, in the judgment of the Commission, the interest rate bid is unfavorable and there is a substantial prospect that a more favorable interest rate can be obtained at a later time, in which event the Commission shall readvertise and reoffer such bonds all in accordance with the provisions of said Chapter 339, O.S.L. 1969.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1970, c. 317, &sect; 4, emerg. eff. April 27, 1970.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;6257.155. Deposit of proceeds Investment.&nbsp;</span></p> <p><span class="cls0">Notwithstanding the provisions of Section 57.133, Title 62 of the Oklahoma Statutes, to the contrary, the proceeds from the sale of such Series B Bonds shall be deposited in the State of Oklahoma Building Bonds of 1968 Sinking Fund, where the proceeds shall remain subject to disposition as provided for by the Legislature of Oklahoma, provided that it shall be the duty of each agency to which an appropriation therefrom is made by Senate Bill No. 656 of the Second Session of the Thirtysecond Legislature to advise in writing the State Treasurer of the dates and amounts when each such appropriated sum or portion thereof will be required by such agency to satisfy its program for the expenditure thereof, such written advice to be delivered by each such agency to the State Treasurer within ten (10) days of the sale of such bonds, and it shall be the duty of the State Treasurer to invest the proceeds from the sale of such bonds in direct obligations of the United States of America or in certificates of deposit from banks in Oklahoma acceptable as depositories by the State Treasurer when such certificates of deposit are secured by acceptable collateral and yield as much or more than direct obligations of the United States of America, maturing at such times and in such amounts as to enable the State of Oklahoma to issue warrants in the amounts and at the times indicated by the said agencies in their said written advices to the State Treasurer, and the income from such investments after June 30, 1972, shall be deposited by the State Treasurer in the State of Oklahoma Building Bonds of 1968 Sinking Fund. Any appropriations of such deposited interest enacted prior to June 30, 1972, for the agency for which the investment was made may be expended as provided therein. Any unappropriated amounts of such deposited interest credited on June 30, 1972, to the agency for which the investment was made, as formerly authorized by this section, shall be transferred to the General Revenue Fund.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1970, c. 317, &sect; 5, emerg. eff. April 27, 1970; Laws 1972, c. 238, &sect; 7, operative July 1, 1972. &nbsp;</span></p> <p><span class="cls0">&sect;62-57.161. Sale and issuance of bonds authorized - Amount.&nbsp;</span></p> <p><span class="cls0">The State of Oklahoma Building Bonds Commission is hereby authorized and directed to sell and issue Series C of the State of Oklahoma Building Bonds of 1968 in the principal sum of Two Million Seven Hundred Fifty Thousand Dollars ($2,750,000.00) on or about October 15, 1972, under the terms and conditions of Sections 57.121 through 57.136, Title 62 of the Oklahoma Statutes, except where such terms and conditions are superseded by the provisions of this act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1972, c. 238, &sect; 1, operative July 1, 1972.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-57.162. Schedule for payments into Sinking Fund.&nbsp;</span></p> <p><span class="cls0">The State Treasurer shall deposit in the State of Oklahoma Building Bonds of 1968 Sinking Fund, in addition to all other amounts required to be deposited therein, the following sums for the following fiscal year for the payment of the principal upon the Series C Bonds:&nbsp;</span></p> <p><span class="cls0">FISCAL YEAR BEGINNING JULY 1&nbsp;&nbsp;AMOUNT&nbsp;</span></p> <p class="cls15"><span class="cls0">1972&nbsp;&nbsp;$ -0-&nbsp;</span></p> <p class="cls15"><span class="cls0">1973&nbsp;&nbsp;-0-&nbsp;</span></p> <p class="cls15"><span class="cls0">1974&nbsp;&nbsp;75,000.00&nbsp;</span></p> <p class="cls15"><span class="cls0">1975&nbsp;&nbsp;80,000.00&nbsp;</span></p> <p class="cls15"><span class="cls0">1976&nbsp;&nbsp;85,000.00&nbsp;</span></p> <p class="cls15"><span class="cls0">1977&nbsp;&nbsp;90,000.00&nbsp;</span></p> <p class="cls15"><span class="cls0">1978&nbsp;&nbsp;95,000.00&nbsp;</span></p> <p class="cls15"><span class="cls0">1979&nbsp;&nbsp;100,000.00&nbsp;</span></p> <p class="cls15"><span class="cls0">1980&nbsp;&nbsp;105,000.00&nbsp;</span></p> <p class="cls15"><span class="cls0">1981&nbsp;&nbsp;115,000.00&nbsp;</span></p> <p class="cls15"><span class="cls0">1982&nbsp;&nbsp;120,000.00&nbsp;</span></p> <p class="cls15"><span class="cls0">1983&nbsp;&nbsp;125,000.00&nbsp;</span></p> <p class="cls15"><span class="cls0">1984&nbsp;&nbsp;135,000.00&nbsp;</span></p> <p class="cls15"><span class="cls0">1985&nbsp;&nbsp;140,000.00&nbsp;</span></p> <p class="cls15"><span class="cls0">1986&nbsp;&nbsp;150,000.00&nbsp;</span></p> <p class="cls15"><span class="cls0">1987&nbsp;&nbsp;160,000.00&nbsp;</span></p> <p class="cls15"><span class="cls0">1988&nbsp;&nbsp;170,000.00&nbsp;</span></p> <p class="cls15"><span class="cls0">1989&nbsp;&nbsp;180,000.00&nbsp;</span></p> <p class="cls15"><span class="cls0">1990&nbsp;&nbsp;190,000.00&nbsp;</span></p> <p class="cls15"><span class="cls0">1991&nbsp;&nbsp;200,000.00&nbsp;</span></p> <p class="cls15"><span class="cls0">1992&nbsp;&nbsp;210,000.00&nbsp;</span></p> <p class="cls15"><span class="cls0">1993&nbsp;&nbsp;225,000.00&nbsp;</span></p> <p><span class="cls0">Added by Laws 1972, c. 238, &sect; 2, operative July 1, 1972.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-57.163. Schedule of repayment - Interest.&nbsp;</span></p> <p><span class="cls0">The Series C Bonds shall be serial coupon bonds. Said bonds and the interest thereon shall be payable at such place or places as may be designated by the State of Oklahoma Building Bonds Commission. The Series C Bonds shall mature on January 15, in the years and amounts, respectively, as follows:&nbsp;</span></p> <p class="cls15"><span class="cls0">YEAR&nbsp;&nbsp;AMOUNT&nbsp;</span></p> <p class="cls15"><span class="cls0">1975&nbsp;&nbsp;$ 75,000.00&nbsp;</span></p> <p class="cls15"><span class="cls0">1976&nbsp;&nbsp;80,000.00&nbsp;</span></p> <p class="cls15"><span class="cls0">1977&nbsp;&nbsp;85,000.00&nbsp;</span></p> <p class="cls15"><span class="cls0">1978&nbsp;&nbsp;90,000.00&nbsp;</span></p> <p class="cls15"><span class="cls0">1979&nbsp;&nbsp;95,000.00&nbsp;</span></p> <p class="cls15"><span class="cls0">1980&nbsp;&nbsp;100,000.00&nbsp;</span></p> <p class="cls15"><span class="cls0">1981&nbsp;&nbsp;105,000.00&nbsp;</span></p> <p class="cls15"><span class="cls0">1982&nbsp;&nbsp;115,000.00&nbsp;</span></p> <p class="cls15"><span class="cls0">1983&nbsp;&nbsp;120,000.00&nbsp;</span></p> <p class="cls15"><span class="cls0">1984&nbsp;&nbsp;125,000.00&nbsp;</span></p> <p class="cls15"><span class="cls0">1985&nbsp;&nbsp;135,000.00&nbsp;</span></p> <p class="cls15"><span class="cls0">1986&nbsp;&nbsp;140,000.00&nbsp;</span></p> <p class="cls15"><span class="cls0">1987&nbsp;&nbsp;150,000.00&nbsp;</span></p> <p class="cls15"><span class="cls0">1988&nbsp;&nbsp;160,000.00&nbsp;</span></p> <p class="cls15"><span class="cls0">1989&nbsp;&nbsp;170,000.00&nbsp;</span></p> <p class="cls15"><span class="cls0">1990&nbsp;&nbsp;180,000.00&nbsp;</span></p> <p class="cls15"><span class="cls0">1991&nbsp;&nbsp;190,000.00&nbsp;</span></p> <p class="cls15"><span class="cls0">1992&nbsp;&nbsp;200,000.00&nbsp;</span></p> <p class="cls15"><span class="cls0">1993&nbsp;&nbsp;210,000.00&nbsp;</span></p> <p class="cls15"><span class="cls0">1994&nbsp;&nbsp;225,000.00&nbsp;</span></p> <p><span class="cls0">The Series C Bonds shall bear interest, payable semiannually on January 15 and July 15 of each year, shall be in such denomination or denominations, shall be in such form either coupon or registered, shall carry such registration or conversion privileges, shall be executed in such manner, shall be payable in such medium of payment at such place or places, as shall be provided by resolution or resolutions to be adopted by the State of Oklahoma Building Bonds Commission; provided, that all such bonds maturing on and after ten (10) years from their dates may, at the discretion of the Commission, be made subject to call and redemption, in inverse order of bond numbers, at par or with premium, and accrued interest, with the detailed provisions for such calling and redemption thereof and the amount of the premium, if any, to be fixed by the Commission in the resolution or resolutions for the issuance of such bonds. Until such time as the sinking fund shall be sufficient to retire all outstanding State of Oklahoma Building Bonds of 1968, including interest thereon, there shall be paid into the sinking fund during each fiscal year from the sources hereinabove pledged such amounts as shall be necessary to pay the interest and principal as they become due. All bonds issued pursuant to this act shall have all the qualities and incidents of negotiable paper, and neither said bonds nor the interest earned thereon shall be subject to taxation by the State of Oklahoma or any county, municipality or political subdivision thereof.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1972, c. 238, &sect; 3, operative July 1, 1972.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-57.164. Bids.&nbsp;</span></p> <p><span class="cls0">The State of Oklahoma Building Bonds Commission may reject all bids for such bonds if, in the judgment of the Commission, the interest rate is unfavorable and there is a substantial prospect that a more favorable interest rate can be obtained at a later time, in which event the Commission shall readvertise and reoffer such bonds all in accordance with the provisions of said Sections 57.121 through 57.136, Title 62, Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1972, c. 238, &sect; 4, operative July 1, 1972.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;6257.165. Deposit of proceeds Investment.&nbsp;</span></p> <p><span class="cls0">Notwithstanding the provisions of Section 57.133, Title 62, Oklahoma Statutes, to the contrary, the proceeds from the sale of such Series C Bonds shall be deposited in the State of Oklahoma Building Bonds of 1968 Fund, where the proceeds shall remain subject to disposition as provided for by the Legislature of Oklahoma, provided that it shall be the duty of each agency to which an appropriation therefrom is made by House Bill No. 1797 of the Second Session of the Thirtythird Legislature to advise in writing the State Treasurer of the dates and amounts when each such appropriated sum or portion thereof will be required by such agency to satisfy its program for the expenditure thereof, such written advice to be delivered by each such agency to the State Treasurer within ten (10) days of the sale of such bonds, and it shall be the duty of the State Treasurer to invest the proceeds from the sale of such bonds in direct obligations of the United States of America or in certificates of deposit from banks in Oklahoma acceptable as depositories by the State Treasurer when such certificates of deposit are secured by acceptable collateral and yield as much or more than direct obligations of the United States of America, maturing at such times and in such amounts as to enable the State of Oklahoma to issue warrants in the amounts and at the times indicated by the said agencies in their said written advices to the State Treasurer, and the income from such investments shall be deposited by the State Treasurer in the State of Oklahoma Building Bonds of 1968 Sinking Fund.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1972, c. 238, &sect; 5, operative July 1, 1972. &nbsp;</span></p> <p><span class="cls0">&sect;62-57.171. Sale and issuance of bonds authorized - Amount.&nbsp;</span></p> <p><span class="cls0">The State of Oklahoma Building Bonds Commission is hereby authorized and directed to sell and issue Series D of the State of Oklahoma Building Bonds of 1968 in the principal sum of Fourteen Million Dollars ($14,000,000.00) on or about July 15, 1973, under the terms and conditions of Sections 57.121 through 57.136, Title 62, Oklahoma Statutes, except where such terms and conditions are superseded by the provisions of this act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1973, c. 207, &sect; 1, emerg. eff. May 18, 1973.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-57.172. Schedule for payments into sinking fund.&nbsp;</span></p> <p><span class="cls0">The State Treasurer shall deposit in the State of Oklahoma Building Bonds of 1968 Sinking Fund, in addition to all other amounts required to be deposited therein, the following sums for the following fiscal years for the payment of the principal upon the Series D Bonds:&nbsp;</span></p> <p><span class="cls0">FISCAL YEAR BEGINNING JULY 1&nbsp;&nbsp;AMOUNT&nbsp;</span></p> <p class="cls15"><span class="cls0">1973&nbsp;&nbsp;$ -0-&nbsp;</span></p> <p class="cls15"><span class="cls0">1974&nbsp;&nbsp;-0-&nbsp;</span></p> <p class="cls15"><span class="cls0">1975&nbsp;&nbsp;395,000&nbsp;</span></p> <p class="cls15"><span class="cls0">1976&nbsp;&nbsp;420,000&nbsp;</span></p> <p class="cls15"><span class="cls0">1977&nbsp;&nbsp;445,000&nbsp;</span></p> <p class="cls15"><span class="cls0">1978&nbsp;&nbsp;470,000&nbsp;</span></p> <p class="cls15"><span class="cls0">1979&nbsp;&nbsp;495,000&nbsp;</span></p> <p class="cls15"><span class="cls0">1980&nbsp;&nbsp;520,000&nbsp;</span></p> <p class="cls15"><span class="cls0">1981&nbsp;&nbsp;550,000&nbsp;</span></p> <p class="cls15"><span class="cls0">1982&nbsp;&nbsp;580,000&nbsp;</span></p> <p class="cls15"><span class="cls0">1983&nbsp;&nbsp;615,000&nbsp;</span></p> <p class="cls15"><span class="cls0">1984&nbsp;&nbsp;650,000&nbsp;</span></p> <p class="cls15"><span class="cls0">1985&nbsp;&nbsp;685,000&nbsp;</span></p> <p class="cls15"><span class="cls0">1986&nbsp;&nbsp;725,000&nbsp;</span></p> <p class="cls15"><span class="cls0">1987&nbsp;&nbsp;765,000&nbsp;</span></p> <p class="cls15"><span class="cls0">1988&nbsp;&nbsp;810,000&nbsp;</span></p> <p class="cls15"><span class="cls0">1989&nbsp;&nbsp;855,000&nbsp;</span></p> <p class="cls15"><span class="cls0">1990&nbsp;&nbsp;900,000&nbsp;</span></p> <p class="cls15"><span class="cls0">1991&nbsp;&nbsp;950,000&nbsp;</span></p> <p class="cls15"><span class="cls0">1992&nbsp;&nbsp;1,000,000&nbsp;</span></p> <p class="cls15"><span class="cls0">1993&nbsp;&nbsp;1,055,000&nbsp;</span></p> <p class="cls15"><span class="cls0">1994&nbsp;&nbsp;1,115,000&nbsp;</span></p> <p><span class="cls0">Added by Laws 1973, c. 207, &sect; 2, emerg. eff. May 18, 1973.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-57.173. Schedule of repayment - Interest.&nbsp;</span></p> <p><span class="cls0">The Series D Bonds shall be serial coupon bonds. Said bonds and the interest thereon shall be payable at such place or places as may be designated by the State of Oklahoma Building Bonds Commission. The Series D Bonds shall mature on January 15 in the years and amounts, respectively, as follows:&nbsp;</span></p> <p class="cls15"><span class="cls0">YEAR&nbsp;&nbsp;AMOUNT&nbsp;</span></p> <p class="cls15"><span class="cls0">1976&nbsp;&nbsp;$ 395,000&nbsp;</span></p> <p class="cls15"><span class="cls0">1977&nbsp;&nbsp;420,000&nbsp;</span></p> <p class="cls15"><span class="cls0">1978&nbsp;&nbsp;445,000&nbsp;</span></p> <p class="cls15"><span class="cls0">1979&nbsp;&nbsp;470,000&nbsp;</span></p> <p class="cls15"><span class="cls0">1980&nbsp;&nbsp;495,000&nbsp;</span></p> <p class="cls15"><span class="cls0">1981&nbsp;&nbsp;520,000&nbsp;</span></p> <p class="cls15"><span class="cls0">1982&nbsp;&nbsp;550,000&nbsp;</span></p> <p class="cls15"><span class="cls0">1983&nbsp;&nbsp;580,000&nbsp;</span></p> <p class="cls15"><span class="cls0">1984&nbsp;&nbsp;615,000&nbsp;</span></p> <p class="cls15"><span class="cls0">1985&nbsp;&nbsp;650,000&nbsp;</span></p> <p class="cls15"><span class="cls0">1986&nbsp;&nbsp;685,000&nbsp;</span></p> <p class="cls15"><span class="cls0">1987&nbsp;&nbsp;725,000&nbsp;</span></p> <p class="cls15"><span class="cls0">1988&nbsp;&nbsp;765,000&nbsp;</span></p> <p class="cls15"><span class="cls0">1989&nbsp;&nbsp;810,000&nbsp;</span></p> <p class="cls15"><span class="cls0">1990&nbsp;&nbsp;855,000&nbsp;</span></p> <p class="cls15"><span class="cls0">1991&nbsp;&nbsp;900,000&nbsp;</span></p> <p class="cls15"><span class="cls0">1992&nbsp;&nbsp;950,000&nbsp;</span></p> <p class="cls15"><span class="cls0">1993&nbsp;&nbsp;1,000,000&nbsp;</span></p> <p class="cls15"><span class="cls0">1994&nbsp;&nbsp;1,055,000&nbsp;</span></p> <p class="cls15"><span class="cls0">1995&nbsp;&nbsp;1,115,000&nbsp;</span></p> <p><span class="cls0">The Series D Bonds shall bear interest, payable semiannually on January 15 and July 15 of each year, shall be in such denomination or denominations, shall be in such form either coupon or registered, shall carry such registration or conversion privileges, shall be executed in such manner, shall be payable in such medium of payment at such place or places, as shall be provided by resolution or resolutions to be adopted by the State of Oklahoma Building Bonds Commission; provided, that all such bonds maturing on and after ten (10) years from their dates may, at the discretion of the Commission, be made subject to call and redemption, in inverse order of bond numbers, at par or with premium, and accrued interest, with the detailed provisions for such calling and redemption thereof and the amount of the premium, if any, to be fixed by the Commission in the resolution or resolutions for the issuance of such bonds. Until such time as the Sinking Fund shall be sufficient to retire all outstanding State of Oklahoma Building Bonds of 1968, including interest thereon, there shall be paid into the Sinking Fund during each fiscal year from the sources hereinabove pledged such amounts as shall be necessary to pay the interest and principal as they become due. All bonds issued pursuant to this act shall have all the qualities and incidents of negotiable paper, and neither said bonds nor the interest earned thereon shall be subject to taxation by the State of Oklahoma or any county, municipality or political subdivision thereof.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1973, c. 207, &sect; 3, emerg. eff. May 18, 1973.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-57.174. Bids.&nbsp;</span></p> <p><span class="cls0">The State of Oklahoma Building Bonds Commission may reject all bids for such bonds if, in the judgment of the Commission, the interest rate bid is unfavorable and there is a substantial prospect that a more favorable interest rate can be obtained at a later time, in which event the Commission shall readvertize and reoffer such bonds all in accordance with the provisions of Sections 57.121 through 57.136 of Title 62, Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1973, c. 207, &sect; 4, emerg. eff. May 18, 1973.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;6257.175. Deposit of proceeds Investment.&nbsp;</span></p> <p><span class="cls0">Notwithstanding the provisions of Section 57.133, Title 62, Oklahoma Statutes, to the contrary, the proceeds from the sale of such Series D Bonds shall be deposited in the State of Oklahoma Building Bonds of 1968 Fund, where the proceeds shall remain subject to disposition as provided for by the Legislature of Oklahoma, provided that it shall be the duty of the agency to which an appropriation therefrom is made by Senate Bill No. 374 of the lst Session of the 34th Oklahoma Legislature to advise in writing the State Treasurer of the dates and amounts when each such appropriated sum or portion thereof will be required by such agency to satisfy its program for the expenditure thereof, such written advice to be delivered by each such agency to the State Treasurer within ten (10) days of the sale of such bonds, and it shall be the duty of the State Treasurer to invest the proceeds from the sale of such bonds in direct obligation of the United States of America or in certificates of deposit from banks in Oklahoma acceptable as depositories by the State Treasurer when such certificates of deposit are secured by acceptable collateral and yield as much or more than direct obligations of the United States of America, maturing at such times and in such amounts as to enable the State of Oklahoma to issue warrants in the amounts and at the times indicated by the said agencies in their said written advices to the State Treasurer, and the income from such investments shall be deposited by the State Treasurer in the State of Oklahoma Building Bonds of 1968 Sinking Fund and shall be used to pay the interest on such Series D Bonds.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1973, c. 207, &sect; 5, emerg. eff. May 18, 1973. &nbsp;</span></p> <p><span class="cls0">&sect;62-57.176. Attorney General to handle legal work.&nbsp;</span></p> <p><span class="cls0">All legal work herein is to be done by the Attorney General in connection with this act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1973, c. 207, &sect; 6, emerg. eff. May 18, 1973.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-57.181. Sale and issuance of bonds authorized - Amount.&nbsp;</span></p> <p><span class="cls0">The State of Oklahoma Building Bonds Commission is hereby authorized and directed to sell and issue Series E of the State of Oklahoma Building Bonds of 1968 in the principal sum of Twenty-six Million Six Hundred Eighty Thousand Dollars ($26,680,000.00) on or about July 15, 1974, under the terms and conditions of Sections 57.121 through 57.136, Title 62, Oklahoma Statutes, except where such terms and conditions are superseded by the provisions of this act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1974, c. 167, &sect; 1, emerg. eff. May 9, 1974.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-57.182. Schedule for payments into Sinking Fund.&nbsp;</span></p> <p><span class="cls0">The State Treasurer shall deposit in the State of Oklahoma Building Bonds of 1968 Sinking Fund, in addition to all other amounts required to be deposited therein, the following sums for the following fiscal years for the payment of the principal upon the Series E Bonds:&nbsp;</span></p> <p><span class="cls0">FISCAL YEAR BEGINNING JULY 1&nbsp;</span></p> <p class="cls15"><span class="cls0">1974&nbsp;&nbsp;$ -0-&nbsp;</span></p> <p class="cls15"><span class="cls0">1975&nbsp;&nbsp;-0-&nbsp;</span></p> <p class="cls15"><span class="cls0">1976&nbsp;&nbsp;855,000.00&nbsp;</span></p> <p class="cls15"><span class="cls0">1977&nbsp;&nbsp;890,000.00&nbsp;</span></p> <p class="cls15"><span class="cls0">1978&nbsp;&nbsp;925,000.00&nbsp;</span></p> <p class="cls15"><span class="cls0">1979&nbsp;&nbsp;965,000.00&nbsp;</span></p> <p class="cls15"><span class="cls0">1980&nbsp;&nbsp;1,005,000.00&nbsp;</span></p> <p class="cls15"><span class="cls0">1981&nbsp;&nbsp;1,050,000.00&nbsp;</span></p> <p class="cls15"><span class="cls0">1982&nbsp;&nbsp;1,100,000.00&nbsp;</span></p> <p class="cls15"><span class="cls0">1983&nbsp;&nbsp;1,150,000.00&nbsp;</span></p> <p class="cls15"><span class="cls0">1984&nbsp;&nbsp;1,200,000.00&nbsp;</span></p> <p class="cls15"><span class="cls0">1985&nbsp;&nbsp;1,255,000.00&nbsp;</span></p> <p class="cls15"><span class="cls0">1986&nbsp;&nbsp;1,310,000.00&nbsp;</span></p> <p class="cls15"><span class="cls0">1987&nbsp;&nbsp;1,375,000.00&nbsp;</span></p> <p class="cls15"><span class="cls0">1988&nbsp;&nbsp;1,440,000.00&nbsp;</span></p> <p class="cls15"><span class="cls0">1989&nbsp;&nbsp;1,505,000.00&nbsp;</span></p> <p class="cls15"><span class="cls0">1990&nbsp;&nbsp;1,580,000.00&nbsp;</span></p> <p class="cls15"><span class="cls0">1991&nbsp;&nbsp;1,655,000.00&nbsp;</span></p> <p class="cls15"><span class="cls0">1992&nbsp;&nbsp;1,735,000.00&nbsp;</span></p> <p class="cls15"><span class="cls0">1993&nbsp;&nbsp;1,815,000.00&nbsp;</span></p> <p class="cls15"><span class="cls0">1994&nbsp;&nbsp;1,895,000.00&nbsp;</span></p> <p class="cls15"><span class="cls0">1995&nbsp;&nbsp;1,975,000.00&nbsp;</span></p> <p><span class="cls0">Added by Laws 1974, c. 167, &sect; 2, emerg. eff. May 9, 1974.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-57.183. Schedule of repayment - Interest.&nbsp;</span></p> <p><span class="cls0">The Series E Bonds shall be serial coupon bonds. Said bonds and the interest thereon shall be payable at such place or places as may be designated by the State of Oklahoma Building Bonds Commission. The Series E Bonds shall mature on January 15 in the years and amounts, respectively, as follows:&nbsp;</span></p> <p><span class="cls0">FISCAL YEAR BEGINNING JULY 1&nbsp;</span></p> <p class="cls15"><span class="cls0">1978&nbsp;&nbsp;890,000.00&nbsp;</span></p> <p class="cls15"><span class="cls0">1979&nbsp;&nbsp;925,000.00&nbsp;</span></p> <p class="cls15"><span class="cls0">1980&nbsp;&nbsp;965,000.00&nbsp;</span></p> <p class="cls15"><span class="cls0">1981&nbsp;&nbsp;1,005,000.00&nbsp;</span></p> <p class="cls15"><span class="cls0">1982&nbsp;&nbsp;1,050,000.00&nbsp;</span></p> <p class="cls15"><span class="cls0">1983&nbsp;&nbsp;1,100,000.00&nbsp;</span></p> <p class="cls15"><span class="cls0">1984&nbsp;&nbsp;1,150,000.00&nbsp;</span></p> <p class="cls15"><span class="cls0">1985&nbsp;&nbsp;1,200,000.00&nbsp;</span></p> <p class="cls15"><span class="cls0">1986&nbsp;&nbsp;1,255,000.00&nbsp;</span></p> <p class="cls15"><span class="cls0">1987&nbsp;&nbsp;1,310,000.00&nbsp;</span></p> <p class="cls15"><span class="cls0">1988&nbsp;&nbsp;1,375,000.00&nbsp;</span></p> <p class="cls15"><span class="cls0">1989&nbsp;&nbsp;1,440,000.00&nbsp;</span></p> <p class="cls15"><span class="cls0">1990&nbsp;&nbsp;1,505,000.00&nbsp;</span></p> <p class="cls15"><span class="cls0">1991&nbsp;&nbsp;1,580,000.00&nbsp;</span></p> <p class="cls15"><span class="cls0">1992&nbsp;&nbsp;1,655,000.00&nbsp;</span></p> <p class="cls15"><span class="cls0">1993&nbsp;&nbsp;1,735,000.00&nbsp;</span></p> <p class="cls15"><span class="cls0">1994&nbsp;&nbsp;1,815,000.00&nbsp;</span></p> <p class="cls15"><span class="cls0">1995&nbsp;&nbsp;1,895,000.00&nbsp;</span></p> <p class="cls15"><span class="cls0">1996&nbsp;&nbsp;1,975,000.00&nbsp;</span></p> <p><span class="cls0">The Series E Bonds shall bear interest, payable semiannually on January 15 and July 15 of each year, shall be in such denomination or denominations, shall be in such form either coupon or registered, shall carry such registration or conversion privileges, shall be executed in such manner, shall be payable in such medium of payment at such place or places, as shall be provided by resolution or resolutions to be adopted by the State of Oklahoma Building Bonds Commission; provided, that all such bonds maturing on and after ten (10) years from their dates may, at the discretion of the Commission, be made subject to call and redemption, in inverse order of bond numbers, at par or with premium, and accrued interest, with the detailed provisions for such calling and redemption thereof and the amount of the premium, if any, to be fixed by the Commission in the resolution or resolutions for the issuance of such bonds. Until such time as the sinking fund shall be sufficient to retire all outstanding State of Oklahoma Building Bonds of 1968, including interest thereon, there shall be paid into the sinking fund during each fiscal year from the sources hereinabove pledged such amounts as shall be necessary to pay the interest and principal as they become due. All bonds issued pursuant to this act shall have all the qualities and incidents of negotiable paper, and neither said bonds nor the interest earned thereon shall be subject to taxation by the State of Oklahoma or any county, municipality or political subdivision thereof.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1974, c. 167, &sect; 3, emerg. eff. May 9, 1974.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-57.184. Bids.&nbsp;</span></p> <p><span class="cls0">The State of Oklahoma Building Bonds Commission may reject all bids for such bonds if, in the judgment of the Commission, the interest rate bid is unfavorable and there is a substantial prospect that a more favorable interest rate can be obtained at a later time, in which event the Commission shall readvertize and reoffer such bonds all in accordance with the provisions of Sections 57.121 through 57.136 of Title 62, Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1974, c. 167, &sect; 4, emerg. eff. May 9, 1974.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;6257.185. Deposit of proceeds Investment.&nbsp;</span></p> <p><span class="cls0">Notwithstanding the provisions of Section 57.133, Title 62, Oklahoma Statutes, to the contrary, the proceeds from the sale of such Series E Bonds, Section 1, this act, shall be deposited in the State of Oklahoma Building Bonds of 1968 Fund, where the proceeds shall remain subject to disposition as provided for by the Legislature of Oklahoma, provided that it shall be the duty of the agency to which an appropriation therefrom is made to advise in writing the State Treasurer of the dates and amounts when each such appropriated sum or portion thereof will be required by such agency to satisfy its program for the expenditure thereof, such written advice to be delivered by each such agency to the State Treasurer within ten (10) days of the sale of such bonds, and it shall be the duty of the State Treasurer to invest the proceeds from the sale of such bonds in direct obligation of the United States of America or in certificates of deposit from banks in Oklahoma acceptable as depositories by the State Treasurer when such certificates of deposit are secured by acceptable collateral and yield as much or more than direct obligations of the United States of America, maturing at such times and in such amounts as to enable the State of Oklahoma to issue warrants in the amounts and at the times indicated by the said agencies in their said written advices to the State Treasurer, and the income from such investments shall be deposited by the State Treasurer in the State of Oklahoma Building Bonds of 1968 Sinking Fund and shall be used to pay the interest on such Series E Bonds.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1974, c. 167, &sect; 5, emerg. eff. May 9, 1974. &nbsp;</span></p> <p><span class="cls0">&sect;6257.186. Appropriation.&nbsp;</span></p> <p><span class="cls0">There is hereby appropriated to the Department of Mental Health and Substance Abuse Services from the proceeds of the sale of Series E Bonds, Section 1, this act, deposited in the State of Oklahoma Building Bonds of 1968 Fund in the State Treasury the sum of Two Million Sixty Thousand Dollars ($2,060,000.00) for capital expenditures as may be required to meet the national life safety requirements as prescribed by the National Fire Protection Association Life Safety Code Number 101 and to comply with hospital safety accreditation standards at the several mental health institutions.&nbsp;</span></p> <p><span class="cls0">Laws 1974, c. 167, &sect; 6, emerg. eff. May 9, 1974; Amended by Laws 1990, c. 51, &sect; 125, emerg. eff. April 9, 1990.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;62-57.187. Appropriation.&nbsp;</span></p> <p><span class="cls0">There is hereby appropriated to the Oklahoma State Regents for Higher Education from the proceeds of the sale of Series E Bonds, Section 1, this act, deposited in the State of Oklahoma Building Bonds of 1968 Fund in the State Treasury the sum of Eighteen Million Seven Hundred Fifty Thousand Dollars ($18,750,000.00) to be allocated by the Regents to the constituent institutions comprising the Oklahoma State System of Higher Education according to the needs of said institutions for planning and construction, furnishing and equipping new buildings and for remodeling, modernizing, repairing, furnishing and equipping existing buildings, and for other capital additions and improvements. The governing boards of the institutions of higher education are authorized to enter into necessary contracts and exercise supervision of the expenditure of funds appropriated by this section. It is the intention of the Legislature that the Regents shall allocate and the governing board shall utilize the funds so as to gain the maximum available federal participation consistent with the priorities of need established by the Regents.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1974, c. 167, &sect; 7, emerg. eff. May 9, 1974.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;6257.188. Appropriation.&nbsp;</span></p> <p><span class="cls0">There is hereby appropriated to the Oklahoma State Regents for Higher Education from the proceeds of the sale of Series E Bonds, as provided in Section 1 of this act, deposited in the State of Oklahoma Building Bonds of 1968 Fund, the sum of Three Million Five Hundred Thousand Dollars ($3,500,000.00).&nbsp;</span></p> <p><span class="cls0">It is the legislative intent that not to exceed Two Million Nine Hundred Thousand Dollars ($2,900,000.00) of the amount appropriated by this section be allocated to the Board of Regents of the University of Oklahoma to be expended by the said Board of Regents for the purchase of equipment for use in the University Hospital in conjunction with the teaching and training of students of the University of Oklahoma Medical Center; and that not to exceed Six Hundred Thousand Dollars ($600,000.00) of the amount appropriated by this section be allocated to the Board of Regents of the University of Oklahoma for use in conjunction with the teaching and training of students of the University of Oklahoma Medical Center as follows: For expenditures in remodeling, modernizing and repairing space in that part of the University Hospital known as "Old Main" for clinical facilities for outpatient care and to provide not less than ninetysix additional hospital beds.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1974, c. 167, &sect; 8, emerg. eff. May 9, 1974. &nbsp;</span></p> <p><span class="cls0">&sect;62-57.189. Contracts - Supervision of expenditures.&nbsp;</span></p> <p><span class="cls0">The Director of the Office of Management and Enterprise Services and the governing boards of the institutions of higher education are authorized to enter into necessary contracts and exercise supervision of the expenditure of funds authorized by Sections 57.181 through 57.191 of this title.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1974, c. 167, &sect; 9, emerg. eff. May 9, 1974. Amended by Laws 1983, c. 304, &sect; 59, eff. July 1, 1983; Laws 2012, c. 304, &sect; 434.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-57.190. Federal aid and assistance.&nbsp;</span></p> <p><span class="cls0">Any funds appropriated by Sections 6 and 7 of this act may be used in conjunction or cooperation with any federal agency or instrumentality under such terms and conditions as may be necessary to obtain grants of federal aid and assistance, and it shall be the duty of such institutions to make a bona fide attempt to obtain such federal aid and assistance.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1974, c. 167, &sect; 10, emerg. eff. May 9, 1974.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-57.191. Attorney General to handle legal work.&nbsp;</span></p> <p><span class="cls0">All legal work is to be done by the Attorney General in connection with this act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1974, c. 167, &sect; 11, emerg. eff. May 9, 1974.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;6257.193. Refunding bonds.&nbsp;</span></p> <p><span class="cls0">The Oklahoma Building Bonds Commission may issue bonds pursuant to the provisions of this section for the purpose of refunding any outstanding obligations issued by the Commission or the State of Oklahoma Building Bonds Commission. The bonds may either be sold or delivered in exchange for outstanding obligations. If sold, the proceeds may be either applied to the payment of the obligations being refunded or deposited in escrow for the retirement of the obligations. No outstanding obligations may be refunded which are not maturing, callable for redemption under their terms or voluntarily surrendered by their holders for cancellation, unless the Commission covenants that sufficient funds to meet all remaining interest and principal payments of the outstanding obligations when due will be placed in escrow for such payments in the State Treasury at the time of delivery of and payment for the new bonds issued under this section. All bonds authorized to be issued under this section shall be secured in the same manner as provided for the bonds being refunded, except where more than one issue is being refunded. The Commission may provide that the refunding bonds have the same priority of payment and be paid from the same revenues as enjoyed by the obligations being refunded thereby. The Commission may enter into contracts and engage in such other acts as the Commission deems necessary to effect the offer and sale of its refunding bonds.&nbsp;</span></p> <p><span class="cls0">Laws 1976, c. 294, &sect; 1, emerg. eff. June 15, 1976; Laws 1992, c. 350, &sect; 16.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;62-57.200. University Bonds Escrow Fund - Purchase and redemption of bonds - Investment of excess public funds - Restructuring or liquidating certain accounts.&nbsp;</span></p> <p><span class="cls0">A. There is hereby created in the State Treasury the "University Bonds Escrow Fund".&nbsp;</span></p> <p><span class="cls0">B. The State Treasurer is hereby authorized and directed to purchase and redeem or establish escrow accounts and defease the following designated bonds of the stated universities:&nbsp;</span></p> <p><span class="cls0">1. Cameron State Agricultural College Student Housing System Revenue Bonds of 1963, Series A and B, dated April 1, 1963, in the original combined amount of One Million Four Hundred Seventy Thousand Dollars ($1,470,000.00).&nbsp;</span></p> <p><span class="cls0">2. Cameron State Agricultural College Student Housing System Revenue Bonds of 1967, dated April 1, 1967, in the original amount of Six Million Two Hundred Forty-five Thousand Dollars ($6,245,000.00).&nbsp;</span></p> <p><span class="cls0">3. Northwestern State College Student Union/Dormitory Revenue Bonds of 1960, dated December 1, 1960, in the original amount of Five Hundred Thousand Dollars ($500,000.00).&nbsp;</span></p> <p><span class="cls0">4. Northwestern State College Student Union/Dormitory Revenue Bonds of 1965, dated January 1, 1965, in the original amount of Nine Hundred Thousand Dollars ($900,000.00).&nbsp;</span></p> <p><span class="cls0">5. Northwestern State College Student Union/Dormitory Revenue Bonds of 1965, dated November 1, 1965, in the original amount of One Million Dollars ($1,000,000.00).&nbsp;</span></p> <p><span class="cls0">6. Northwestern State College Student Union/Dormitory Revenue Bonds of 1966, dated December 1, 1966, in the original amount of One Million Six Hundred Fifty Thousand Dollars ($1,650,000.00).&nbsp;</span></p> <p><span class="cls0">7. Northeastern State College at Tahlequah Refunding and Student Housing System Revenue Bonds of 1958, dated December 1, 1958, in the original amount of One Million Seven Hundred Sixty Thousand Dollars ($1,760,000.00).&nbsp;</span></p> <p><span class="cls0">8. Northeastern State College Dormitory Building Revenue Bonds of 1960, dated December 1, 1960, in the original amount of One Million Four Hundred Twenty Thousand Dollars ($1,420,000.00).&nbsp;</span></p> <p><span class="cls0">9. Northeastern State College at Tahlequah Dormitory Building Revenue Bonds of 1962, dated December 1, 1962, in the original amount of One Million Three Hundred Fifty Thousand Dollars ($1,350,000.00).&nbsp;</span></p> <p><span class="cls0">10. Northeastern State College at Tahlequah Dormitory Revenue Bonds of 1964, dated December 1, 1964, in the original amount of Five Hundred Fifteen Thousand Dollars ($515,000.00).&nbsp;</span></p> <p><span class="cls0">11. Northeastern State College Dormitory Building Revenue Bonds of 1966, dated December 1, 1966, in the original amount of Two Million Dollars ($2,000,000.00).&nbsp;</span></p> <p><span class="cls0">12. Northeastern State College Dormitory Building Revenue Bonds of 1967, dated December 1, 1967, in the original amount of One Million Five Hundred Forty Thousand Dollars ($1,540,000.00).&nbsp;</span></p> <p><span class="cls0">13. Northeastern State College Apartment Building Revenue Bonds, dated December 1, 1967, in the original amount of Nine Hundred Thousand Dollars ($900,000.00).&nbsp;</span></p> <p><span class="cls0">The bonds shall be redeemed or purchased from monies in the University Bond Escrow Fund at any price which is less than the face amount of the bonds, and the State Treasurer may enter into such other agreements in connection therewith as may be necessary or appropriate, or to purchase governmental obligations in principal amounts, bearing rates of interest and maturing at such times so as to provide funds sufficient to pay the bonds under the applicable series bond resolutions at or before maturity. The bonds shall be redeemed, purchased, or defeased in the order set forth.&nbsp;</span></p> <p><span class="cls0">C. The State Treasurer, at his sole discretion, may utilize excess public funds available for investment for the purposes specified in subsections A and B of this section.&nbsp;</span></p> <p><span class="cls0">D. The State Treasurer may restructure or liquidate any existing escrow account established pursuant to this section for the purpose of redeeming or defeasing the Langston University Building Revenue Bonds of 1963, Series B, dated October 1, 1963, in the original amount of One Million Three Hundred Fifty-four Thousand Dollars ($1,354,000.00). The State Treasurer may require that all or a part of any debt service reserve funds in existence, which are set up exclusively to support the Langston Series B bond issue, be used to assist the redemption or defeasance, as a condition of redeeming or defeasing the bond issue. However, this may not be a condition if the reserve funds are not necessary to complete the transaction. Any such restructuring or liquidation must not affect the ability of the escrow account to pay off the remaining debt of the other bond issues described in this section at the time of redemption or as the principal and interest payments on the bonds come due. The State Treasurer may enter into such agreements in connection with any restructuring or redemption as may be necessary or appropriate, including agreements for legal, accounting, financial, or banking services. Any payments made for services performed under such agreements with the State Treasurer may only come from available or residual funds in the escrow account. Any remaining funds left after the bonds are redeemed, or the escrow account is restructured, shall be transferred to the Special Cash Fund.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1982, c. 323, &sect; 1, emerg. eff. June 1, 1982. Amended by Laws 1982, c. 374, &sect; 39, emerg. eff. July 20, 1982; Laws 1983, c. 183, &sect; 2, emerg. eff. June 9, 1983; Laws 1984, c. 152, &sect; 1, emerg. eff. April 20, 1984; Laws 1986, c. 223, &sect; 29, operative July 1, 1986; Laws 1997, c. 385, &sect; 1, emerg. eff. June 11, 1997.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;62-57.300. Short title.&nbsp;</span></p> <p><span class="cls0">Sections 1 through 15 of this act shall be known and may be cited as the "Oklahoma Building Bond and College Savings Bond Act".&nbsp;</span></p> <p><span class="cls0">Added by Laws 1992, c. 350, &sect; 1.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;62-57.301. Intent and purpose.&nbsp;</span></p> <p><span class="cls0">It is the intent and purpose of this act to vitalize the constitutional amendment identified as House Joint Resolution No. 1076 of the 2nd Session of the 43rd Oklahoma Legislature, if, as and when the same shall be approved by the people of the State of Oklahoma.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1992, c. 350, &sect; 2.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;62-57.302. Oklahoma Building Bonds Commission - Creation - Membership - Officers - Meetings - Quorum - Staffing - Compensation - Expenses - Performance of preliminary duties.&nbsp;</span></p> <p><span class="cls0">A. There is hereby created the Oklahoma Building Bonds Commission. The Commission shall consist of the following members:&nbsp;</span></p> <p><span class="cls0">1. Two members appointed by the President Pro Tempore of the Senate of the State of Oklahoma;&nbsp;</span></p> <p><span class="cls0">2. Two members appointed by the Speaker of the House of Representatives of the State of Oklahoma; and&nbsp;</span></p> <p><span class="cls0">3. Three members appointed by the Governor of the State of Oklahoma.&nbsp;</span></p> <p><span class="cls0">B. The Commission shall elect a chair and a vice-chair to serve one-year terms.&nbsp;</span></p> <p><span class="cls0">C. A majority of the members of the Commission shall constitute a quorum. The Commission shall be subject to the Open Meeting Act, Section 301 et seq. of Title 25 of the Oklahoma Statutes, and the Open Records Act, Section 24A.1 et seq. of Title 51 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">D. The Office of the Secretary of State shall provide staffing for the Commission.&nbsp;</span></p> <p><span class="cls0">E. The members of the Commission shall receive no additional compensation for their services as members of the Commission or for the performance of any duty in connection with the Commission.&nbsp;</span></p> <p><span class="cls0">F. Each member of the Commission shall be allowed necessary travel expenses as may be approved by the Commission pursuant to the State Travel Reimbursement Act, Section 500.1 et seq. of Title 74 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">G. The Commission, prior to the election on the constitutional amendment identified as House Joint Resolution No. 1076 of the 2nd Session of the 43rd Oklahoma Legislature, may perform those preliminary duties necessary to issue bonds pursuant to this act as specified in subsection C of Section 695.7 of this title.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1992, c. 350, &sect; 3, eff. July 1, 1992.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;62-57.303. Amount and purpose of indebtedness - Unused funds - Issuance of bonds - Revenue sources for payment of bonds.&nbsp;</span></p> <p><span class="cls0">A. The Commission acting for and on behalf of the State of Oklahoma shall be the agency by and through which the State of Oklahoma shall incur indebtedness in the sum of Three Hundred Fifty Million Dollars ($350,000,000.00) as principal for the purpose of restoring and modernizing the state's infrastructure, for constructing new buildings and other capital improvements, and for equipping, remodeling, modernizing and repairing any and all existing buildings and capital improvements, and purchase of land, equipment and furnishings necessary for such new construction or remodeling, including any costs associated with the issuance of the indebtedness, as follows:&nbsp;</span></p> <p class="cls16"><span class="cls0">1. Oklahoma State Regents for Higher Education for expenditure as follows:&nbsp;</span></p> <p class="cls17"><span class="cls0">a.&nbsp;&nbsp;University of Oklahoma - Norman Campus&nbsp;&nbsp;$22,731,000.00&nbsp;</span></p> <p class="cls17"><span class="cls0">b.&nbsp;&nbsp;University of Oklahoma - Health Sciences Center&nbsp;&nbsp;$22,400,000.00&nbsp;</span></p> <p class="cls17"><span class="cls0">c.&nbsp;&nbsp;Oklahoma State University &ndash; Stillwater Campus&nbsp;&nbsp;$22,328,000.00&nbsp;</span></p> <p class="cls17"><span class="cls0">d.&nbsp;&nbsp;Oklahoma State University &ndash; Agriculture Experiment Station&nbsp;&nbsp;$4,000,000.00&nbsp;</span></p> <p class="cls17"><span class="cls0">e.&nbsp;&nbsp;Oklahoma State University &ndash; Veterinary Medicine&nbsp;&nbsp;$5,075,000.00&nbsp;</span></p> <p class="cls17"><span class="cls0">f.&nbsp;&nbsp;Oklahoma State University &ndash; Technical Branch - Okmulgee&nbsp;&nbsp;$4,118,000.00&nbsp;</span></p> <p class="cls17"><span class="cls0">g.&nbsp;&nbsp;Oklahoma State University &ndash; Technical Branch - Oklahoma City&nbsp;&nbsp;$3,868,000.00&nbsp;</span></p> <p class="cls17"><span class="cls0">h.&nbsp;&nbsp;Oklahoma State University - College of Osteopathic Medicine&nbsp;&nbsp;$3,750,400.00&nbsp;</span></p> <p class="cls17"><span class="cls0">i.&nbsp;&nbsp;University of Central Oklahoma&nbsp;&nbsp;$7,765,106.00&nbsp;</span></p> <p class="cls17"><span class="cls0">j.&nbsp;&nbsp;East Central University&nbsp;&nbsp;$5,869,000.00&nbsp;</span></p> <p class="cls17"><span class="cls0">k.&nbsp;&nbsp;Northeastern State University&nbsp;&nbsp;$8,813,400.00&nbsp;</span></p> <p class="cls17"><span class="cls0">l.&nbsp;&nbsp;Northwestern Oklahoma State University&nbsp;&nbsp;$2,860,000.00&nbsp;</span></p> <p class="cls17"><span class="cls0">m.&nbsp;&nbsp;Southeastern Oklahoma State University&nbsp;&nbsp;$5,586,900.00&nbsp;</span></p> <p class="cls17"><span class="cls0">n.&nbsp;&nbsp;Southwestern Oklahoma State University - Weatherford Campus&nbsp;&nbsp;$6,297,500.00&nbsp;</span></p> <p class="cls17"><span class="cls0">o.&nbsp;&nbsp;Southwestern Oklahoma State University - Sayre Campus&nbsp;&nbsp;$300,000.00&nbsp;</span></p> <p class="cls17"><span class="cls0">p.&nbsp;&nbsp;Cameron University&nbsp;&nbsp;$10,200,000.00&nbsp;</span></p> <p class="cls17"><span class="cls0">q.&nbsp;&nbsp;Langston University&nbsp;&nbsp;$2,842,500.00&nbsp;</span></p> <p class="cls17"><span class="cls0">r.&nbsp;&nbsp;Oklahoma Panhandle State University&nbsp;&nbsp;$2,016,500.00&nbsp;</span></p> <p class="cls17"><span class="cls0">s.&nbsp;&nbsp;University of Science and Arts of Oklahoma&nbsp;&nbsp;$3,104,376.00&nbsp;</span></p> <p class="cls17"><span class="cls0">t.&nbsp;&nbsp;University Center at Tulsa&nbsp;&nbsp;$15,000,000.00&nbsp;</span></p> <p class="cls17"><span class="cls0">u.&nbsp;&nbsp;Carl Albert State College&nbsp;&nbsp;$3,021,000.00&nbsp;</span></p> <p class="cls17"><span class="cls0">v.&nbsp;&nbsp;Connors State College&nbsp;&nbsp;$2,055,100.00&nbsp;</span></p> <p class="cls17"><span class="cls0">w.&nbsp;&nbsp;Eastern Oklahoma State College&nbsp;&nbsp;$2,007,600.00&nbsp;</span></p> <p class="cls17"><span class="cls0">x.&nbsp;&nbsp;Murray State College&nbsp;&nbsp;$2,045,000.00&nbsp;</span></p> <p class="cls17"><span class="cls0">y.&nbsp;&nbsp;Northeastern Oklahoma Agricultural and Mechanical College&nbsp;&nbsp;$2,410,400.00&nbsp;</span></p> <p class="cls17"><span class="cls0">z.&nbsp;&nbsp;Northern Oklahoma College&nbsp;&nbsp;$1,206,500.00&nbsp;</span></p> <p class="cls17"><span class="cls0">aa.&nbsp;&nbsp;Oklahoma City Community College&nbsp;&nbsp;$6,152,100.00&nbsp;</span></p> <p class="cls17"><span class="cls0">bb.&nbsp;&nbsp;Redlands Community College&nbsp;&nbsp;$2,003,900.00&nbsp;</span></p> <p class="cls17"><span class="cls0">cc.&nbsp;&nbsp;Rogers State College&nbsp;&nbsp;$5,035,100.00&nbsp;</span></p> <p class="cls17"><span class="cls0">dd.&nbsp;&nbsp;Rose State College&nbsp;&nbsp;$6,158,600.00&nbsp;</span></p> <p class="cls17"><span class="cls0">ee.&nbsp;&nbsp;Seminole Junior College&nbsp;&nbsp;$2,125,924.00&nbsp;</span></p> <p class="cls17"><span class="cls0">ff.&nbsp;&nbsp;Tulsa Junior College&nbsp;&nbsp;$22,333,800.00&nbsp;</span></p> <p class="cls17"><span class="cls0">gg.&nbsp;&nbsp;Western Oklahoma State College&nbsp;&nbsp;$2,500,000.00&nbsp;</span></p> <p class="cls17"><span class="cls0">hh.&nbsp;&nbsp;Enid Higher Education Program&nbsp;&nbsp;$619,123.00&nbsp;</span></p> <p class="cls17"><span class="cls0">ii.&nbsp;&nbsp;Enid Higher Education Program &ndash; this allocation is contingent upon a $2,200,000.00 match by the local community&nbsp;&nbsp;$1,980,877.00&nbsp;</span></p> <p class="cls17"><span class="cls0">jj.&nbsp;&nbsp;University Center of Southern Oklahoma&nbsp;&nbsp;$619,123.00&nbsp;</span></p> <p class="cls17"><span class="cls0">kk.&nbsp;&nbsp;Muskogee Higher Education Program&nbsp;&nbsp;$619,123.00&nbsp;</span></p> <p class="cls17"><span class="cls0">ll.&nbsp;&nbsp;Idabel Higher Education Program&nbsp;&nbsp;$619,123.00&nbsp;</span></p> <p class="cls17"><span class="cls0">mm.&nbsp;&nbsp;Tulsa Medical Center debt retirement&nbsp;&nbsp;$6,600,000.00&nbsp;</span></p> <p class="cls17"><span class="cls0">nn.&nbsp;&nbsp;Food Processing Research Center &ndash; Stillwater&nbsp;&nbsp;$14,000,000.00&nbsp;</span></p> <p class="cls17"><span class="cls0">oo.&nbsp;&nbsp;Natural History Museum - Norman&nbsp;&nbsp;$15,000,000.00&nbsp;</span></p> <p class="cls16"><span class="cls0">2. Oklahoma Department of Career and Technology Education for expenditure as follows:&nbsp;</span></p> <p class="cls17"><span class="cls0">a.&nbsp;&nbsp;Instructional equipment for technology center schools, including inmate training facilities&nbsp;&nbsp;$2,300,000.00&nbsp;</span></p> <p class="cls17"><span class="cls0">b.&nbsp;&nbsp;Mid-Del Technology Center&nbsp;&nbsp;$200,000.00&nbsp;</span></p> <p class="cls17"><span class="cls0">c.&nbsp;&nbsp;Okmulgee County Technology Center&nbsp;&nbsp;$3,200,000.00&nbsp;</span></p> <p class="cls17"><span class="cls0">d.&nbsp;&nbsp;Southwest Technology Center&nbsp;&nbsp;$1,500,000.00&nbsp;</span></p> <p class="cls17"><span class="cls0">e.&nbsp;&nbsp;Wes Watkins Technology Center&nbsp;&nbsp;$1,000,000.00&nbsp;</span></p> <p class="cls17"><span class="cls0">f.&nbsp;&nbsp;Western Oklahoma Technology Center&nbsp;&nbsp;$2,000,000.00&nbsp;</span></p> <p class="cls18"><span class="cls0">3. Oklahoma Water Resources Board&nbsp;&nbsp;$5,700,000.00&nbsp;</span></p> <p class="cls19"><span class="cls0">4. Oklahoma Tourism and Recreation Department for the following purposes: roads, park improvements, sewage treatment, facility rehab, equipment, trails, park visitor centers, welcome centers, Will Rogers Museum and other museums, Oklahoma Jazz Hall of Fame and Quartz Mountain Arts and Conference Center&nbsp;&nbsp;$18,000,000.00&nbsp;</span></p> <p class="cls19"><span class="cls0">5. Oklahoma Historical Society&nbsp;&nbsp;$1,700,000.00&nbsp;</span></p> <p class="cls19"><span class="cls0">6. Department of Human Services&nbsp;&nbsp;$5,300,000.00&nbsp;</span></p> <p class="cls19"><span class="cls0">7. Department of Corrections for the following purposes: drug offender work camps and meat processing facility at Jackie Brannon&nbsp;&nbsp;$6,500,000.00&nbsp;</span></p> <p class="cls19"><span class="cls0">8. State Department of Health&nbsp;&nbsp;$7,500,000.00&nbsp;</span></p> <p class="cls19"><span class="cls0">9. State Department of Agriculture for purposes of dry fire hydrants and rural fire equipment&nbsp;&nbsp;$1,000,000.00&nbsp;</span></p> <p class="cls19"><span class="cls0">10. Office of Management and Enterprise Services&nbsp;&nbsp;$4,300,000.00&nbsp;</span></p> <p class="cls19"><span class="cls0">11. Oklahoma Military Department&nbsp;&nbsp;$800,000.00&nbsp;</span></p> <p class="cls19"><span class="cls0">12. Oklahoma School of Science and Mathematics. Said amount shall not be used for purposes of subsection D of Section 168.3 of Title 73 of the Oklahoma Statutes&nbsp;&nbsp;$4,500,000.00&nbsp;</span></p> <p class="cls19"><span class="cls0">13. Office of Management and Enterprise Services for expenditure for telecommunications as recommended by the State Data Processing and Telecommunications Advisory Committee&nbsp;&nbsp;$14,000,000.00&nbsp;</span></p> <p class="cls19"><span class="cls0">14. Oklahoma Department of Libraries for expenditure for matching grant program for handicapped access&nbsp;&nbsp;$500,000.00&nbsp;</span></p> <p class="cls19"><span class="cls0">15. Oklahoma Department of Veterans Affairs for the following purposes: New facility at Norman, computer programming-mapper system, and improvements at the facilities at Ardmore, Sulphur, Talihina, Clinton, Claremore and Okmulgee&nbsp;&nbsp;$16,432,500.00&nbsp;</span></p> <p class="cls19"><span class="cls0">16. Department of Mental Health and Substance Abuse Services&nbsp;&nbsp;$6,400,000.00&nbsp;</span></p> <p><span class="cls0">If the full amount of funding for any project specified in this subsection is not necessary for provision of such project, any remaining available funds shall be allocated by the Commission to the full funding of other projects listed in this subsection or to the Oklahoma Building Bonds of 1992 Fund for appropriation by the Legislature for other capital projects.&nbsp;</span></p> <p><span class="cls0">B. The Commission, acting for and on behalf of the State of Oklahoma, shall issue, sell and deliver as hereinafter provided "Oklahoma Building Bonds of 1992" in a total principal amount of Three Hundred Fifty Million Dollars ($350,000,000.00). It is hereby expressly provided and pledged for the benefit of the purchasers, owners and holders of said bonds that the tax on each package of cigarettes levied by Section 302 of Title 68 of the Oklahoma Statutes, constituting the remainder of revenue available from the revenues lawfully levied and collected by the State of Oklahoma on the sale of cigarettes not already committed to other obligations of the State of Oklahoma, and the tax levy on cigarettes pursuant to Sections 302-2 and 302-4 of Title 68 of the Oklahoma Statutes, or so much as may be necessary, shall be devoted irrevocably to the payment and discharge of the interest on, and the principal of, the bonds issued hereunder as the same become due, and to create an adequate reserve to assure such payments when due; and said revenues shall be, and hereby are, irrevocably pledged for such purposes.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1992, c. 350, &sect; 4. Amended by Laws 1995, c. 84, &sect; 1, eff. Nov. 1, 1995; Laws 2001, c. 33, &sect; 55, eff. July 1, 2001; Laws 2012, c. 252, &sect; 5, eff. July 1, 2012; Laws 2012, c. 304, &sect; 435.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-57.304. Oklahoma Building Bonds of 1992 Sinking Fund - Pledge of funds - Transmission of taxes and schedule - Deposit of funds - Pledges and covenants of state.&nbsp;</span></p> <p><span class="cls0">A. There is hereby created in the State Treasury a special fund to be known and designated as the "Oklahoma Building Bonds of 1992 Sinking Fund" which is hereby irrevocably pledged to the payment of the interest on, and the principal of, the bonds issued pursuant to this act; the monies to the credit thereof shall be paid out only in the manner and at the time and places provided for in the resolution or indenture of the Commission authorizing the issuance of such bonds.&nbsp;</span></p> <p><span class="cls0">B. The Oklahoma Tax Commission, when transmitting to the State Treasurer the collection of the tax on cigarettes shall also transmit to the State Treasurer a schedule showing the net proceeds of two cents ($0.02) of the tax on each package of cigarettes levied by Section 302 of Title 68 of the Oklahoma Statutes and the tax levy on cigarettes pursuant to Sections 302-2 and 302-4 of Title 68 of the Oklahoma Statutes. It shall be the duty of the State Treasurer, upon receiving said taxes and schedules from the Oklahoma Tax Commission, to deposit in said sinking fund such portions of the tax or taxes hereinabove pledged to the payment of the bonds issued hereunder as may be necessary to assure prompt payment of the interest on, and the principal of, said bonds as the same falls due and to comply with the covenants hereof with respect to reserve requirements. Any revenue generated as a result of the tax changes contained in Enrolled Senate Bill No. 759 of the 2nd Session of the 43rd Oklahoma Legislature shall not be deposited in the Oklahoma Building Bonds of 1992 Sinking Fund.&nbsp;</span></p> <p><span class="cls0">C. The tax monies hereinabove pledged to the retirement of said bonds shall constitute the primary revenue dedicated to the payment of the interest on, and the principal of, the bonds issued hereunder, but it is further pledged, for the purchasers, owners and holders of said bonds, that the State of Oklahoma, if and when it shall appear to be necessary hereby devotes irrevocably to the payment of the interest on and the principal of said bond, any monies in the General Revenue Fund of the State of Oklahoma not otherwise obligated, committed or appropriated, and the State Treasurer is directed to apply such General Revenue Fund of the State of Oklahoma for such purpose. The State of Oklahoma further pledges to the purchasers, owners and holders of said bonds that it will, if and when it shall appear to be necessary, impose and collect a tax and devote the proceeds thereof, or so much thereof as may be necessary for the purpose of paying the principal and interest of the bonds issued hereunder as they come due. The bonds issued hereunder, and the interest thereon, shall be general obligations of the State of Oklahoma, and the full faith, credit and resources of the State of Oklahoma are pledged to their payment. The Commission is authorized to incorporate in the face of each of the bonds issued under this act, pledges the same or substantially the same as those made herein. The pledges and covenants so made by the Commission shall constitute the commitment of the State of Oklahoma, made in full good faith, in its sovereign capacity, and shall be binding upon said state and the Legislature, officers, instrumentalities and agents thereof, so long as any of the interest on, or principal of, said bonds shall remain outstanding and unpaid. The Commission is authorized to make such other equally binding covenants and agreements, not inconsistent with this act or the constitutional amendment identified as House Joint Resolution No. 1076 of the 2nd Session of the 43rd Oklahoma Legislature, as it deems to be needful and appropriate to the general purpose of effectuating this act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1992, c. 350, &sect; 5.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;62-57.305. Series and form of bonds - Place of payment - Maturity dates - Particulars of resolution or indenture of Commission - Payments into sinking fund - Negotiability - Tax exemption.&nbsp;</span></p> <p><span class="cls0">A. The bonds may be issued in one or more series and shall be in the form designated by the Commission. Said bonds and the interest thereon shall be payable at such place or places as may be designated by the Commission. The bonds shall mature on such dates as designated by the Commission. A schedule of maturity dates showing the years and amounts shall be designated by the Commission for each series issued.&nbsp;</span></p> <p><span class="cls0">B. The bonds may bear interest, may be sold in such manner and at such price or prices, may bear such date or dates, may mature at such time or times, not to exceed thirty (30) years from their date, may be in such denomination or denominations, may carry such registration or conversion privileges, may be executed in such manner, may be payable in such medium of payments, at such place or places, and may bear such rate or rates of interest, and shall be subject to such call for redemption, with or without premium, as may be provided by resolution or indenture of the Commission. Until such time as the Oklahoma Building Bonds of 1992 Sinking Fund shall be sufficient to retire all outstanding bonds and interest thereon, there shall be paid into said sinking fund during each fiscal year, from the sources hereinabove pledged such amounts as may be necessary to pay the interest and principal payable during the next succeeding fiscal year, and an amount sufficient to satisfy the reserve requirements as fixed and approved by the Oklahoma Building Bonds Commission in its resolution or indenture authorizing the issuance of said bonds.&nbsp;</span></p> <p><span class="cls0">C. All bonds issued pursuant to this act shall have all of the qualities and incidents of negotiable paper. The bonds, the transfer thereof and the interest earned on said bonds, including any profit derived from the sale thereof, shall not be subject to taxation of any kind by the State of Oklahoma, or by any county, municipality or political subdivision therein.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1992, c. 350, &sect; 6.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;62-57.306. Oklahoma Building Bonds of 1992 Fund - Investment of funds.&nbsp;</span></p> <p><span class="cls0">A. There is hereby created in the State Treasury of the State of Oklahoma the "Oklahoma Building Bonds of 1992 Fund". The proceeds of the sale of bonds pursuant to this act shall be deposited in said fund, where they shall remain subject to disposition to be provided for by the Legislature of this state, provided that the State Treasurer, when so directed by the Commission, shall invest the amounts designated by the Commission for the period of time specified by the Commission; provided that all such investments of said monies must be made so that the same shall mature in time to enable the State of Oklahoma to issue warrants for payment of the valid obligations incurred for the purpose for which the bonds were issued.&nbsp;</span></p> <p><span class="cls0">B. It shall be the duty of the Director of the Office of Management and Enterprise Services to promptly certify to the State Treasurer the amount of all sums not needed for payment of construction and other legal expenditures payable from the fund to meet the payment schedule, and upon receipt of such certification the State Treasurer shall forthwith invest such funds.&nbsp;</span></p> <p><span class="cls0">C. All interest received by the State Treasurer for such investments shall be utilized pursuant to appropriations by the Legislature.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1992, c. 350, &sect; 7. Amended by Laws 1993, c. 189, &sect; 129, emerg. eff. May 20, 1993; Laws 1994, c. 277, &sect; 5; Laws 2012, c. 304, &sect; 436.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-57.307. Procedures and requirements for advertisement and sale of bonds.&nbsp;</span></p> <p><span class="cls0">A. The Commission shall advertise said bonds for sale in the manner hereinafter provided. Notice of such sale shall be published at least ten (10) days prior to the date fixed for such sale. Such notice shall be published in a newspaper having general circulation in the State of Oklahoma, and in a financial periodical or newspaper known to have general circulation among bond dealers and bond purchasers. Such notice shall state the time and place when and where the Commission will receive written bids for the purchase of the bonds so offered for sale and shall also state the bonds will be sold to the bidder offering the lowest net interest cost or lowest true interest cost to the State of Oklahoma, stating also, however, that the Commission may, in its discretion, reject all nonconforming bids or all bids submitted. Such notice may contain such other conditions, information and details as the Commission deems appropriate and desirable to provide a thorough understanding of the offer and to assure maximum competition among bidders. Upon acceptance of the lowest and best bid, the bonds shall be issued in accordance therewith and shall be delivered to said purchaser upon payment of the purchase price thereof, which shall be not less than par plus accrued interest to date of delivery except as otherwise provided herein. Provided, however, no tender of the bonds shall be valid until after the expiration of the period of contestability provided for herein. All bidders shall be required to submit with their bids such good faith deposit as may to the Commission seem appropriate. Upon the acceptance of a bid, the Commission shall return to all of the unsuccessful bidders the deposits so made by them. All such deposits by the successful bidder shall become the property of the State of Oklahoma, and shall be credited against the purchase price of the bonds so sold or returned upon payment in full of such bonds. If the purchaser shall fail for five (5) days after the tender of the bonds to pay the balance of the purchase price, said sale shall be thereby annulled and the deposit shall in such event be retained by the State of Oklahoma and credited to the General Revenue Fund of the state.&nbsp;</span></p> <p><span class="cls0">B. Competitive bidding may be waived upon an affirmative vote of three-fourths (3/4) of the Commission. The Commission thereupon may negotiate for the private sale of the obligations to an underwriter or other purchaser or purchasers. Regardless of the method of sale, the Commission shall be subject to the provisions of the Oklahoma Bond Oversight and Reform Act as set forth in Section 695.1 et seq. of this title.&nbsp;</span></p> <p><span class="cls0">C. Professionals selected pursuant to subsection B of this section shall not be finally selected until after approval by a vote of the people of the constitutional amendment identified as House Joint Resolution No. 1076 of the 2nd Session of the 43rd Oklahoma Legislature.&nbsp;</span></p> <p><span class="cls0">D. Except as otherwise provided in this act, no bonds shall be sold for less than par value except upon approval of three-fourths (3/4) of the Commission; except as otherwise provided in this act, no bonds shall be sold for less than sixty-five percent (65%) of par value. In no event shall the original purchaser of any bonds issued by the Commission receive directly or indirectly any fees, compensation or other remuneration in excess of four percent (4%) of the price paid for such bonds by the purchaser of such bonds from the Commission.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1992, c. 350, &sect; 8.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;62-57.308. Maximizing college savings bond program.&nbsp;</span></p> <p><span class="cls0">It is the intent of the Oklahoma Legislature that an amount not to exceed One Hundred Million Dollars ($100,000,000.00) of any issue of bonds pursuant to this act should be structured so as to maximize a college savings bond program to benefit Oklahoma families. For this purpose, the Commission may authorize by a majority vote the sale of college savings bonds at any discount. In no event shall the purchaser of any bonds issued by the Commission receive any fees, compensation or other remuneration in excess of four percent (4%) of the price paid for such bonds by the purchaser of such bonds from the Commission. The college savings bonds issued by the Commission may be issued in amounts and denominations as may be provided by resolution or indenture of the Commission to make such college savings bonds available to all citizens of the state. The Commission is directed to provide adequate statewide publicity of the availability of such college savings bonds. The State Board of Education and the Oklahoma State Regents for Higher Education shall cooperate with the Commission to apprise parents of students in the public schools of this state of the sale of such bonds.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1992, c. 350, &sect; 9.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;62-57.309. Interim bonds.&nbsp;</span></p> <p><span class="cls0">The Commission is authorized to issue one or more interim bonds representative of the bonds so sold, which may be in any denomination, shall have all the qualities and be secured by all the covenants and pledges made to secure the bonds so sold; however, the interim bonds shall represent the bonded debt only until such time as the definite bonds are printed, executed and delivered to the purchaser thereof. Tender of any such interim bonds shall not be valid until the expiration of the period of contestability provided in this act. Simultaneous with delivery of the definitive bonds, any such interim bonds shall be surrendered for cancellation and canceled by the State Treasurer of Oklahoma.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1992, c. 350, &sect; 10.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;62-57.310. Investment in bonds issued under act - Use as collateral security.&nbsp;</span></p> <p><span class="cls0">Any bank, trust or insurance company organized under the laws of Oklahoma may invest its capital, surplus and reserve funds and other funds under its control in bonds issued under the provisions of this act. The officers having charge of any fund of the State of Oklahoma, or any department, agency, or institution thereof or any sinking fund of any county, city, town, township, board of education or school district may invest such funds in bonds issued under the provisions of this act. Such bonds shall also be approved as collateral security for the deposit of any public funds and for the investment of trust funds.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1992, c. 350, &sect; 11.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;62-57.311. Attorney General to examine proceedings of Commission, resolutions passed and action taken in sale of bonds - Execution and filing of Attorney General's certificate - Facsimile of certificate to appear on bonds - Jurisdiction of litigation - Signatures and certificate required on bonds - Registration of bonds - Seals.&nbsp;</span></p> <p><span class="cls0">A. Within ten (10) days after the sale or sales of said bonds, the Attorney General of the State of Oklahoma shall examine all of the proceedings of the Commission and all resolutions passed and actions taken by it in connection with the authorization and issuance and sale of such bonds and shall, if the Attorney General finds such bond proceedings and sale to be constitutional and lawful, execute his or her certificate and file the same of record in the Office of the Secretary of State of the State of Oklahoma, which said certificate shall read substantially as follows: "I have examined all proceedings had in connection with the issuance of the State of Oklahoma Building Bonds of 1992, Series ___, in the aggregate principal amount of ____________________________dated _____, authorized and sold pursuant to the constitutional amendment identified as House Joint Resolution No. 1076 of the 2nd Session of the 43rd Oklahoma Legislature and laws of the State of Oklahoma enacted pursuant thereto, and find said proceedings and sale to be constitutional, lawful and regular in all particulars and that said bonds will be valid legal general obligations of the State of Oklahoma. Unless suit thereon shall be brought in the Supreme Court of the State of Oklahoma within thirty (30) days from the date of this certificate, said bonds shall be incontestable for all purposes. Date _____, Attorney General of the State of Oklahoma." The procedure above enacted shall be followed after the sale of each series of bonds, and the above certificate shall be executed by the Attorney General in the same form and manner, and shall specify the series and the sum. Upon the filing of such certificate, bonds issued pursuant to proceedings so examined by the Attorney General shall be incontestable for all purposes upon the expiration of thirty (30) days from the date of such certificate, unless suit is brought in the Supreme Court of Oklahoma prior to the expiration of said period as provided herein.&nbsp;</span></p> <p><span class="cls0">B. A facsimile of the Attorney General's certificate shall appear on each bond issued. The Supreme Court of Oklahoma is hereby vested with exclusive jurisdiction over any litigation involving the validity of any bonds issued under this act. All bonds shall bear the signature of the Governor and the Secretary of State and shall bear the certificate required by Section 29 of Article X of the Constitution of the State of Oklahoma. Such bonds shall also be registered by the Treasurer of the State of Oklahoma or by a market registrar as determined by the Commission and a statement of such registration shall appear on the back of each bond. The Commission may, by resolution, prescribe that the seal of the State of Oklahoma, or the seals of any of the officers thereof, and any or all signatures required to appear on the bonds may be facsimile seals and signatures.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1992, c. 350, &sect; 12.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;62-57.312. Investment of sinking fund monies - Deposit of earnings.&nbsp;</span></p> <p><span class="cls0">The State Treasurer shall invest all sinking fund monies in direct obligations of the United States of America or in certificates of deposits from banks in the State of Oklahoma acceptable as depositories by the State Treasurer when such certificates of deposits are secured by acceptable collateral and yield as much or more than direct obligations of the United States of America, to mature in time to meet the principal and interest payments on the Oklahoma Building Bonds of 1992. Such earnings shall be deposited in the sinking fund, except that any funds received pursuant to a contract entered into by the Office of the State Treasurer for the investment of revenues dedicated for bond repayment may be deposited in the Special Cash Fund of the State Treasury.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1992, c. 350, &sect; 13. Amended by Laws 1994, c. 277, &sect; 6; Laws 1995, c. 30, &sect; 8, emerg. eff. March 31, 1995.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;62-57.313. Filing application with Supreme Court for determination on bonds.&nbsp;</span></p> <p><span class="cls0">The Commission is authorized in its discretion to file an application with the Supreme Court of Oklahoma for the approval of any series of bonds to be issued hereunder, and exclusive original jurisdiction is hereby conferred upon the Supreme Court to hear and determine each such application. It shall be the duty of the Court to give such applications precedence over the other business of the Court and to consider and pass upon such applications and any protests which may be filed thereto as speedily as possible. Notice of the hearing on each application shall be given by notice published in a newspaper of general circulation in the state that on a day named the Commission will ask the Court to hear its application and approve the bonds. Such notice shall inform all persons interested that they may file protests against the issuance of the bonds and be present at the hearing and contest the legality thereof. Such notice shall be published one time not less than ten (10) days prior to the date named for the hearing and the hearing may be adjourned from time to time in the discretion of the Court. If the Court shall be satisfied that the bonds have been properly authorized in accordance with this act and the constitutional amendment identified as House Joint Resolution No. 1076 of the 2nd Session of the 43rd Oklahoma Legislature, and that when issued they will constitute valid obligations in accordance with their terms, the Court shall render its written opinion approving the bonds and shall fix the time within which a petition for rehearing may be filed. The decision of the Court shall be a judicial determination of the validity of the bonds, shall be conclusive as to the State of Oklahoma, its officers, agents and instrumentalities, and thereafter the bonds so approved and the revenues pledged to their payment shall be incontestable in any court in the State of Oklahoma.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1992, c. 350, &sect; 14.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;62-57.314. Repealed by Laws 1995, c. 337, &sect; 20, eff. July 1, 1995.&nbsp;</span></p> <p><span class="cls0">&sect;62-57.315. Repealed by Laws 1995, c. 30, &sect; 12, emerg. eff. March 31, 1995.&nbsp;</span></p> <p><span class="cls0">&sect;62-57.316. Refinancing and restructuring of outstanding obligations - Pledge of tax revenue.&nbsp;</span></p> <p><span class="cls0">A. The Oklahoma Building Bonds Commission is authorized until June 30, 2011, to issue bonds, notes, or other obligations for the purpose of refinancing or restructuring its outstanding obligations regarding bonds issued under the 1992 Oklahoma Building Bond and College Savings Bond Act.&nbsp;</span></p> <p><span class="cls0">B. To the extent funds are available from the proceeds of the borrowing authorized by this section, the Oklahoma Building Bonds Commission shall provide for the payment of professional fees and associated costs approved by the Oklahoma State Bond Advisor. The Commission is authorized to hire bond counsel, financial consultants, and such other professionals as it may deem necessary to provide for the efficient sale of the obligations and may utilize a portion of the proceeds of any borrowing to create such reserves as may be deemed necessary and to pay costs associated with the issuance and administration of such obligations.&nbsp;</span></p> <p><span class="cls0">C. An issuance of bonds under this section may be undertaken to achieve an overall debt service savings, modify restrictive bond document covenants, or reduce payment requirements during periods of fiscal stress. To achieve these objectives, the Commission is authorized to extend the final maturity of its outstanding obligations if necessary, but in no event shall the final maturity of an individual bond issue be extended more than ten (10) years without the approval of the Legislature.&nbsp;</span></p> <p><span class="cls0">D. The obligations authorized under this section may be sold at either competitive or negotiated sale, as determined by the Commission, and in such form and at such prices as may be authorized by the Commission. The Commission may issue obligations in one or more series and may set such other terms and conditions as may be necessary, in its judgment to achieve an efficient financing. The Commission may enter into agreements with such credit enhancers and liquidity providers as may be determined necessary to efficiently market the obligations, including the purchase of surety policies or other financial instruments to be utilized in lieu of reserve funds. The obligations may mature and have such provisions for redemption as shall be determined by the Commission, but in no event shall the final maturity of such obligations occur later than thirty (30) years from the delivery date.&nbsp;</span></p> <p><span class="cls0">E. Any interest on the funds or accounts created for the purposes of this section may be utilized as partial payment of the annual debt service or for the purposes directed by the Commission.&nbsp;</span></p> <p><span class="cls0">F. The obligations issued under this section, the transfer thereof and the interest earned on such obligations, including any profit derived from the sale thereof, shall not be subject to taxation of any kind by the State of Oklahoma, or by any county, municipality or political subdivision therein.&nbsp;</span></p> <p><span class="cls0">G. It is hereby expressly provided and pledged for the benefit of the purchasers, owners and holders of bonds issued pursuant to this section that the tax on each package of cigarettes levied by Section 302 of Title 68 of the Oklahoma Statutes, constituting the remainder of revenue available from the revenues lawfully levied and collected by the State of Oklahoma on the sale of cigarettes not already committed to other obligations of the State of Oklahoma, and the tax levy on cigarettes pursuant to Sections 302-2 and 302-4 of Title 68 of the Oklahoma Statutes, or so much as may be necessary, shall be devoted irrevocably to the payment and discharge of the interest on, and the principal of, the bonds issued hereunder as the same become due, and to create an adequate reserve to assure such payments when due; and said revenue shall be, and hereby is, irrevocably pledged for such purposes.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2003, c. 126, &sect; 1, emerg. eff. April 22, 2003. Amended by Laws 2010, c. 411, &sect; 1, emerg. eff. June 9, 2010.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;62-58. Study on acquisition of property near electrical generating plants for use as industrial parks for firms with high electrical needs - Acquisition of property - Financing - Report of information regarding property.&nbsp;</span></p> <p><span class="cls0">A. The Oklahoma Development Finance Authority is authorized to fund a study to be conducted by the Oklahoma Department of Commerce to determine the feasibility of acquiring property in the vicinity of electrical generating plants where such property could be developed into industrial parks and where construction and leasing of manufacturing facilities in such parks could be used to promote firms with high electrical needs in this state. If such feasibility study indicates that the acquisition and development of the property under consideration is likely to be a financially viable project which will lead to the development of new manufacturing jobs in this state, any local public trust is authorized to acquire real property located adjacent or in close proximity to, electrical generating facilities, together with improvements located thereon, for purposes of developing industrial parks and leasing space therein to manufacturing concerns or other businesses that use large amounts of electricity. The public trust may hold title to the real property and improvements until such time as any obligations issued for this purpose are retired or defeased and may lease the real property and improvements to business entities for use as manufacturing facilities or other businesses that use large amounts of electricity. Upon final redemption or defeasance of the obligations created pursuant to this section, title to the real property and improvements may be transferred from the public trust holding title to the manufacturing facilities or other businesses that use large amounts of electricity which are leasing the property.&nbsp;</span></p> <p><span class="cls0">B. For the purpose of paying the costs for acquisition of the real property and improvements authorized in subsection A of this section, the public trust is hereby authorized to borrow monies on the credit of the income and revenues to be derived from the leasing of such real property and improvements and, in anticipation of the collection of such income and revenues, to issue negotiable obligations for such purpose.&nbsp;</span></p> <p><span class="cls0">C. The obligations authorized under this section may be sold at either competitive or negotiated sale, as determined by the public trust, and in such form and at such prices as may be authorized by the public trust. The public trust may enter into agreements with such credit enhancers and liquidity providers as may be determined necessary to efficiently market the obligations. The obligations may mature and have such provisions for redemption as shall be determined by the public trust, but in no event shall the final maturity of such obligations occur later than thirty (30) years from the first principal maturity date.&nbsp;</span></p> <p><span class="cls0">D. Any public trust acquiring real property for the purposes specified in subsection A of this section shall provide information to the Oklahoma Department of Commerce about the location of the property, proximity to the electric generating facility, improvements, utilities or such other information as the Department may require to keep a database of such properties for possible business site location.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2004, c. 532, &sect; 1, eff. Nov. 1, 2004.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-71. State Treasurer - Selection of depositories - Out-of-state depositories - Relationship with financial institutions - Limitations on deposits - Reports.&nbsp;</span></p> <p><span class="cls0">A. The State Treasurer is authorized and directed to select a number of banks, savings banks or savings and loan associations and credit unions within the State of Oklahoma as depositories for all monies and funds coming into the hands of the State Treasurer as the official depository. Such banks, savings banks or savings and loan associations and credit unions shall be in good standing and conducting a regular banking business and shall collect such drafts, bills of exchange, and checks as may be deposited by the state in the regular course of business, and shall pay all checks and drafts legally authorized and duly drawn on the funds deposited in such banks, savings banks or savings and loan associations and credit unions.&nbsp;</span></p> <p><span class="cls0">B. At the request of state agencies or state institutions conducting operations or transacting state business outside the State of Oklahoma, the State Treasurer is hereby authorized to name and designate financial institutions located without the State of Oklahoma as official depositories of state monies and funds where it is shown to the satisfaction of the State Treasurer that the need for such out-of-state depository is required for the orderly and expeditious deposit of monies and funds coming into the possession of the requesting state agency or state institution. For purposes of this section, the State Treasurer shall not designate any financial institution outside the United States for the deposit of public funds, monies, securities, or any other financial assets subject to the control of the State Treasurer. Any out-of-state financial institution designated as an official depository of the State Treasurer shall have a service agent in the State of Oklahoma so that service of summons or legal notice may be had on such designated agent as is now or may hereafter be provided by law. Before designating any financial institution outside the State of Oklahoma as an official depository, the State Treasurer shall, if the State Treasurer deems it necessary, require a bond to be given by such financial institution to the State of Oklahoma in double the amount of monies which the requesting state agency or institution anticipates will be the maximum amount of money or funds on deposit at any one time with the financial institution. Such bond will be approved by the State Treasurer and filed with the Secretary of State. Any out-of-state financial institution designated as an official depository shall in all respects conform to and comply with the provisions of this section, the Security for Public Deposits Act, and any and all laws pertaining to financial institutions receiving deposits of public monies or funds.&nbsp;</span></p> <p><span class="cls0">C. The State Treasurer shall establish procedures which provide minimum standards for establishing and maintaining relationships between state entities and financial institutions. As used in this subsection, &ldquo;financial institutions&rdquo; means those institutions described in subsection E of this section, companies that provide alternative direct deposit services known as payroll card or paycard, credit card processing companies and other companies which handle or process financial transactions. Any agreements between state agencies and financial institutions, as defined in this subsection, shall be subject to prior approval by the State Treasurer. If the State Treasurer has an agreement with a financial institution to provide services to the State Treasurer, a state agency may pay the institution directly for services performed for the agency under the same terms, if the services are services not previously provided to the agency through the State Treasurer. State agencies may enter into agreements with the State Treasurer to participate in any agreements entered into by the State Treasurer with financial institutions or companies which handle or process financial transactions as described in this subsection. Any state agency participating in such an agreement may pay the vendor directly for any fees owed on transactions associated with that agency. The State Treasurer is authorized to prescribe formats and issue all state vouchers, warrants and checks drawn on state treasury funds. The State Treasurer may compensate financial institutions for services rendered to the state by direct fee charges or through compensating balances. Any financial institution receiving payment for services from the state through compensating balances shall file a report quarterly with the State Treasurer detailing the services rendered to the state and the charges for such services. Such charges shall not exceed those made for similar services to other customers of the financial institution. If the quarterly value of the compensating balance arrangement is above or below the quarterly charges for the services rendered to the state had service charges been separately billed, the difference in amount of the quarterly charges for the services rendered and the amount of the compensating balance shall be applied to the subsequent quarter. Any compensation arrangements made with financial institutions pursuant to this subsection shall not be subject to the provisions of The Oklahoma Central Purchasing Act.&nbsp;</span></p> <p><span class="cls0">D. Of the public funds in the hands of the State Treasurer, there shall not be deposited in any one of such banks, savings banks or savings and loan associations and credit unions an amount to exceed the combined amount of insured deposits plus approved legal securities pledged by such banks, savings banks or savings and loan associations and credit unions therefor. Such banks, savings banks or savings and loan associations and credit unions shall make quarterly reports of the amount deposited, checked out, or withdrawn and the balances on hand for the fiscal year.&nbsp;</span></p> <p><span class="cls0">E. All provisions of this title relating to depositories for public funds shall include, in addition to banks, all financial institutions of this state. As used in this subsection, the term &ldquo;financial institutions&rdquo; means banks, savings banks, savings and loan associations and credit unions in this state whose deposits are insured by the Federal Deposit Insurance Corporation, the National Credit Union Administration or any successor institutions.&nbsp;</span></p> <p><span class="cls0">F. The State Treasurer may permit treasurers of local governmental entities to place public funds under their control into investments used by the State Treasurer for state funds, if the local treasurer has appropriate investment authority.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 6779. Amended by Laws 1923-24, c. 59, p. 76, &sect; 5, emerg. eff. March 22, 1924; Laws 1933, c. 207, p. 493, &sect; 1, emerg. eff. July 20, 1933; Laws 1935, p. 105, &sect; 1, emerg. eff. April 6, 1935; Laws 1937, p. 120, &sect; 1, emerg. eff. March 26, 1937; Laws 1983, c. 182, &sect; 1, operative July 1, 1983; Laws 1986, c. 235, &sect; 1; Laws 1987, c. 194, &sect; 2, operative July 1, 1987; Laws 1989, c. 343, &sect; 24, operative July 1, 1989; Laws 1990, c. 168, &sect; 2, eff. Sept. 1, 1990; Laws 1991, c. 207, &sect; 1, eff. July 1, 1991; Laws 1994, c. 37, &sect; 1, eff. July 1, 1994; Laws 1998, c. 85, &sect; 7, eff. July 1, 1998; Laws 1999, c. 292, &sect; 3, eff. July 1, 1999; Laws 2004, c. 308, &sect; 1; Laws 2009, c. 433, &sect; 6, eff. Nov. 1, 2009.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-71.1. Cash Management and Investment Oversight Commission.&nbsp;</span></p> <p><span class="cls0">A. There is hereby created the Cash Management and Investment Oversight Commission. The Commission shall consist of five (5) members as follows:&nbsp;</span></p> <p><span class="cls0">1. The Director of the Office of Management and Enterprise Services, or designee;&nbsp;</span></p> <p><span class="cls0">2. The Bank Commissioner, or designee;&nbsp;</span></p> <p><span class="cls0">3. The Administrator of the Oklahoma Department of Securities, or designee;&nbsp;</span></p> <p><span class="cls0">4. One citizen member appointed by the Speaker of the House of Representatives who shall have a demonstrated expertise in public or private investment finance and who shall serve at the Speaker's pleasure; and&nbsp;</span></p> <p><span class="cls0">5. One citizen member appointed by the President Pro Tempore of the State Senate who shall be a certified public accountant or public accountant with a demonstrated expertise in public or private auditing procedures and who shall serve at the President Pro Tempore's pleasure.&nbsp;</span></p> <p><span class="cls0">B. The appointed members shall have no direct or indirect business relationship with the State Treasurer or the State Treasurer's Office.&nbsp;</span></p> <p><span class="cls0">C. The Commission shall elect from its membership a chairperson and vice-chairperson. Such officers shall serve one-year terms and may be reelected. There shall be an Executive Review Committee of the Cash Management and Investment Oversight Commission consisting of the Director of the Office of Management and Enterprise Services, the Bank Commissioner and the Administrator of the Oklahoma Department of Securities or their respective designees. The Director of the Office of Management and Enterprise Services shall call a meeting to organize the Executive Review Committee. The Executive Review Committee shall elect from its membership a chairperson who shall serve for a period of one (1) year and who may be reelected. The Executive Review Committee shall meet at such times as it deems necessary for the performance of its duties.&nbsp;</span></p> <p><span class="cls0">D. The Commission shall hold regular meetings at least once each quarter, and at such other times as it deems necessary for the performance of its duties. The date, time and place of the meetings shall be set by the Commission. The Legislative Service Bureau shall provide the administrative support required by the Commission. The Commission shall be staffed by the Legislative Service Bureau who shall prepare all materials and information needed by the Commission to perform its duties and responsibilities. Meetings of the Commission and of the Executive Review Committee of the Commission shall be subject to the Oklahoma Open Meeting Act, and their records shall be public records pursuant to the Oklahoma Open Records Act.&nbsp;</span></p> <p><span class="cls0">E. The Commission in conjunction with the State Auditor and Inspector shall develop a standardized and uniform reporting system which the State Treasurer shall use to make the reports required by Section 89.7 of this title. The Commission shall prescribe such forms in order to obtain an objective and accurate analysis of the investment of state funds by the State Treasurer and to obtain an accurate analysis of investment performance according to an objective standard established by the Commission. The Commission shall not be subject to the provisions of the Administrative Procedures Act for purposes of developing the reporting system required by this subsection. The Commission shall review the reports prepared by the State Treasurer pursuant to Section 89.7 of this title. The Commission shall review with the State Treasurer investment strategies and practices and the development of internal auditing procedures and practices. The Commission shall review the reports submitted by the State Treasurer and shall identify any event, transaction or trend which the Commission determines to represent a violation or potential violation of law or public policy regarding the investment of state funds. The Commission shall specifically identify its concerns or objections and shall communicate such concerns or objections in writing to the State Treasurer.&nbsp;</span></p> <p><span class="cls0">F. The Commission staff shall submit a written report to each member of the Commission for each month of the calendar year which specifically identifies entities with whom or with which the State Treasurer has transacted business related to investment of any state funds during the applicable reporting period. Any person or entity to whom or to which any form of compensation has been or will be paid for services rendered to the State Treasurer's Office related to the investment of state funds shall be identified in the report. The report shall also be submitted to the Director of the Office of Management and Enterprise Services, the State Auditor and Inspector, the Speaker of the House of Representatives, the President Pro Tempore of the Senate and the Governor.&nbsp;</span></p> <p><span class="cls0">G. Members of the Commission shall serve without compensation, except for travel, pursuant to the State Travel Reimbursement Act, to be paid by the appointing authority.&nbsp;</span></p> <p><span class="cls0">H. The Commission may make written recommendations for changes in legislation to the Legislature or in the policies or procedures and practices of the State Treasurer to the State Treasurer.&nbsp;</span></p> <p><span class="cls0">I. The Commission shall determine the positions, including but not limited to the investment officer, in the State Treasurer's Office which shall require criminal background investigations by the Oklahoma State Bureau of Investigation. The Bureau shall advise the State Treasurer and the Cash Management and Investment Oversight Commission in writing of the results of the investigation.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1991, c. 207, &sect; 2, eff. July 1, 1991. Amended by Laws 1994, c. 227, &sect; 1, emerg. eff. May 24, 1994; Laws 1996, c. 68, &sect; 1, eff. July 1, 1996; Laws 2001, c. 133, &sect; 11, emerg. eff. April 24, 2001; Laws 2012, c. 304, &sect; 437.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-71.2. State Treasurer purchasing authorization - Exemption.&nbsp;</span></p> <p><span class="cls0">The State Treasurer is authorized to purchase software, hardware, and associated services to assist the State Treasurer in the Treasurer's duties related to the control, custody, deposit, transfer disbursement, management and investment of funds and securities held by the state. Software, hardware, and associated services shall be chosen by a solicitation of proposals on a competitive basis, but shall be exempt from the provisions of The Oklahoma Central Purchasing Act. Software, hardware and associated services purchases by the State Treasurer for these purposes shall not require the authorization of the Director of the Office of Management and Enterprise Services.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2009, c. 433, &sect; 7, eff. Nov. 1, 2009. Amended by Laws 2012, c. 304, &sect; 438.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;6272.1. Short title.&nbsp;</span></p> <p><span class="cls0">Sections 5 through 11 of this act shall be known and may be cited as the "Security for Public Deposits Act".&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Added by Laws 1987, c. 194, &sect; 5, operative July 1, 1987. &nbsp;</span></p> <p><span class="cls0">&sect;6272.2. Definitions.&nbsp;</span></p> <p><span class="cls0">As used in the Security for Public Deposits Act, "financial institution" means banks, savings banks, savings and loan associations and credit unions.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Added by Laws 1987, c. 194, &sect; 6, operative July 1, 1987. &nbsp;</span></p> <p><span class="cls0">&sect;62-72.3. Necessity of security - Exemptions.&nbsp;</span></p> <p><span class="cls0">All public deposits made by the State Treasurer in financial institutions shall be secured as provided for in the Security for Public Deposits Act. As used in this section, "public deposits" shall not include those types of investments specified in paragraphs 1, 3, 4, 5, 6, 7 and 8 of subsection A of Section 89.2 of this title.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1987, c. 194, &sect; 7, operative July 1, 1987. Amended by Laws 1999, c. 292, &sect; 4, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-72.4. Deposit of collateral securities or instruments.&nbsp;</span></p> <p><span class="cls0">A. The State Treasurer shall require that financial institutions deposit collateral securities or instruments to secure the deposits of the state in each such institution. The amount of collateral securities or instruments to be pledged for the security of public deposits shall be established by rules and regulations promulgated by the State Treasurer consistent with the provisions of the Security for Public Deposits Act; provided, such amount shall not be less than the amount of the deposit to be secured, less the amount insured.&nbsp;</span></p> <p><span class="cls0">B. Upon authorization by the State Treasurer, a financial institution shall place required collateral securities in a restricted account at a Federal Reserve Bank which serves Oklahoma, a Federal Home Loan Bank which serves Oklahoma or with another financial institution located in this state that is not owned or controlled by the same institution or holding company. The depositor shall deliver to the State Treasurer a power of attorney authorizing the State Treasurer to transfer or liquidate the securities in the event of a default, financial failure or insolvency of a public depository.&nbsp;</span></p> <p><span class="cls0">C. Securities eligible for collateral shall be valued at market value. The State Treasurer shall review and determine the market value of collateral pledged for security not less than quarterly. The State Treasurer shall adopt rules and regulations to provide for the valuation of collateral if the market value is not readily determinable. The State Treasurer shall prescribe forms for financial institutions to list collateral securities pursuant to this section.&nbsp;</span></p> <p><span class="cls0">D. The State Treasurer shall promulgate rules for the acceptance of collateral instruments described in Section 72.5 of this title, to secure deposits of the state. Such rules shall require that sufficient documentation exists to establish that the provider of the collateral instrument will protect the state in the event of a default, financial failure or insolvency of a public depository.&nbsp;</span></p> <p><span class="cls0">E. All securities purchased by the State Treasurer or held in custody for other state agencies by the State Treasurer shall be held in financial institutions as defined in Section 71 of this title not involved in such transactions and shall not be held by the State Treasurer or a broker.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1987, c. 194, &sect; 8, operative July 1, 1987. Amended by Laws 1991, c. 207, &sect; 3, eff. July 1, 1991; Laws 1998, c. 85, &sect; 8, eff. July 1, 1998.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;6272.4a. Public trusts Restrictions on deposits - Exceptions.&nbsp;</span></p> <p><span class="cls0">A. To the extent that public trusts that have the state or any city, town or county as a beneficiary deposit monies in financial institutions, the public trust shall place its monies only in collateralized or insured certificates of deposit and other evidences of deposit. To the extent that public trusts that have the state as a beneficiary deposit monies in financial institutions, such trusts may act directly on their own behalf and for their own account to document, implement and administer the collateralizing of such deposits, so long as the collateralizing or pledge of assets by financial institutions is made with the same type of collateral and in the same manner and form as pledges made to secure deposits by the State Treasurer under the Security for Public Deposits Act.&nbsp;</span></p> <p><span class="cls0">B. This section shall not be applicable to proceeds or other funds, including the revenue stream, relating to bond issues which shall be invested pursuant to the indenture established for such bonds.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1989, c. 354, &sect; 1, emerg. eff. June 3, 1989. Amended by Laws 1992, c. 235, &sect; 1, eff. Sept. 1, 1992; Laws 2002, c. 140, &sect; 1, emerg. eff. April 29, 2002.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;6272.5. Securities eligible for securing public deposits.&nbsp;</span></p> <p><span class="cls0">A. For purposes of securing public deposits, the State Treasurer may accept as collateral only those securities and other instruments listed below. To insure the safety of public funds, the State Treasurer may establish standards which restrict, or limit further, any of the types or classes of securities or instruments listed below which may be accepted. The State Treasurer may select the following securities and instruments for the purpose of securing public deposits:&nbsp;</span></p> <p><span class="cls0">1. Obligations, including letters of credit of the United States Government, its agencies and instrumentalities;&nbsp;</span></p> <p><span class="cls0">2. Obligations of this state or of a county, municipality, or school district of this state or of an instrumentality of this state or a county, municipality or school district of this state;&nbsp;</span></p> <p><span class="cls0">3. General obligation bonds of any other state of the United States; and&nbsp;</span></p> <p><span class="cls0">4. A surety bond if:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;subject to the terms and conditions of the bond, it is irrevocable and absolute,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;the surety bond is issued by an insurance company authorized to do business in Oklahoma,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;the issuer of the surety bond does not provide surety bonds for any one financial institution in an amount that exceeds ten percent (10%) of the surety bond insurer's policyholders' surplus and contingency reserve, net of reinsurance, and&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;the claims-paying ability of the authorized insurance company is rated, at all relevant times, in the highest category by at least two nationally recognized rating agencies acceptable to the State Treasurer.&nbsp;</span></p> <p><span class="cls0">B. A financial institution may substitute different forms of collateral from time to time, provided that each meets the requirements of this section and the rules and regulations of the State Treasurer.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1987, c. 194, &sect; 9, operative July 1, 1987. Amended by Laws 1997, c. 164, &sect; 4, eff. July 1, 1997.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;6272.6. Default or insolvency of public depository.&nbsp;</span></p> <p><span class="cls0">In the event of a default or insolvency of a public depository, the State Treasurer shall implement the following procedures:&nbsp;</span></p> <p><span class="cls0">1. In cooperation with the State Department of Banking and other regulatory officials, the State Treasurer shall ascertain the amount of public funds on deposit at the defaulting institution and the amount of deposit insurance applicable to such deposit.&nbsp;</span></p> <p><span class="cls0">2. The potential loss to the state shall be calculated by the State Treasurer. The loss to the state shall be satisfied, insofar as possible, first through any applicable deposit insurance and then through the sale of securities pledged, or through the proceeds of collateral instruments pledged, by the defaulting depository institution. Such sales shall be conducted by the State Treasurer.&nbsp;</span></p> <p><span class="cls0">3. The securities, bonds or other forms of collateral shall become forfeited to and become the property of the state. If the securities, bonds or other forms of collateral are valued at less than the amount of principal and interest due to the state plus the cost of the ensuing sale, the securities, bonds and other forms of collateral shall be sold by the State Treasurer, and the State Treasurer shall be entitled to recover from the financial institution such balances with costs and attorney's fees. If the market value of the securities, bonds or other forms of collateral exceeds the principal and interest due to the state plus the cost of the ensuing sale, the securities, bonds and other forms of collateral may be sold by the State Treasurer and the excess of the proceeds shall be returned to the pledging financial institution or its receiver, without further process of law.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1987, c. 194, &sect; 10, operative July 1, 1987. Amended by Laws 1998, c. 85, &sect; 9, eff. July 1, 1998.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;6272.7. Liability of State Treasurer on default or insolvency of public depository.&nbsp;</span></p> <p><span class="cls0">When public deposits are made in accordance with the Security for Public Deposits Act, the State Treasurer shall not be liable for any loss resulting from the default or insolvency of a public depository in the absence of negligence, malfeasance, misfeasance or nonfeasance on the part of the State Treasurer.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Added by Laws 1987, c. 194, &sect; 11, operative July 1, 1987. &nbsp;</span></p> <p><span class="cls0">&sect;6274. State Treasurer as official depository for state officers, boards and commissions Bonds of treasurer.&nbsp;</span></p> <p><span class="cls0">The State Treasurer is hereby designated and made the official depository for all monies, funds, rentals, penalties, costs, proceeds of sale of property, fees, fines, forfeitures and public charges of every kind that may be received by any state officer, state board, state commission or by any employee of either of such officers, boards, or commissions by virtue or under color of office. Before receiving any such money or funds, as such official depository, the State Treasurer shall execute a bond to the state, with good and sufficient sureties, to be approved by the Governor in the penal sum of Fifty Thousand ($50,000.00) Dollars, conditioned for the faithful performance of duty; provided, that before any funds under the charge and management of the Commissioners of the Land Office by virtue of section 32, of article 6 of the Constitution or other provision of law, shall be received or paid over to the State Treasurer as such official depository, he shall execute a bond in a surety company in the penal sum of Two Hundred Thousand Dollars ($200,000.00), payable to the state and to be approved by the Governor, conditioned for the faithful performance of his duties and especially to account for all funds coming into his possession as such depository from the Commissioners of the Land Office, or anyone acting for them.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1915, c. 238, &sect; 1. &nbsp;</span></p> <p><span class="cls0">&sect;6279. Monies belonging to general revenue funds Payment into state treasury Report to State Auditor and Inspector.&nbsp;</span></p> <p><span class="cls0">All monies that shall be received during any calendar month by any state officer, state board, state commission or the members or employees of either thereof, accruing as a part of state's general revenue or any other appropriated funds, unless otherwise specifically provided by statute, shall be paid into the State Treasury,that is, transferred from the official depository to the funds in the State Treasury to which the same belongs by the authority so receiving the same on or before the second Monday following the close of the calendar month in which such monies shall have been received.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1915, c. 238, &sect; 7; Laws 1943, p. 138, &sect; 1; Laws 1979, c. 30, &sect; 23, emerg. eff. April 6, 1979. &nbsp;</span></p> <p><span class="cls0">&sect;62-80. Actions to enforce provisions of act.&nbsp;</span></p> <p><span class="cls0">It shall be the duty of the State Treasurer and he is hereby empowered to institute in the name of the state the necessary suits, actions and proceedings to enforce the provisions of this act, and in the event of the neglect, failure or refusal of the State Treasurer to bring such suits, actions and proceedings, then the same may be instituted and maintained on the relation of any citizen of the state.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1915, c. 238, &sect; 8.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-81. Penalty for violation.&nbsp;</span></p> <p><span class="cls0">Any official or employee thereof or any member or employee of any state board or state commission who shall fail, neglect or refuse to comply with the requirements of Section two (2) hereof, or any other provision of this act, shall forfeit and pay to the use of the State of Oklahoma the sum of Twentyfive Dollars ($25.00) per day for each and every day that he shall so fail, neglect or refuse to comply with requirements of said act, and shall forfeit and be removed from office; and any such official who shall issue, sign, attest or utter any false or illegal voucher against any monies deposited, as in this act provided, shall be liable to the state on his official bond for a sum double in amount of any such illegal or fraudulent voucher, and shall be deemed guilty of a felony, and upon conviction thereof shall be punished by a fine in a sum of not less than One Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00) and by imprisonment in the State Penitentiary for a term of not less than one (1) year nor more than five (5) years. &nbsp;</span></p> <p><span class="cls0">Added by Laws 1915, c. 238, &sect; 9. Amended by Laws 1997, c. 133, &sect; 518, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 376, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 518 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;6282. Commissioner of Highways, interest on funds to credit of.&nbsp;</span></p> <p><span class="cls0">All interest which shall be received by the State Treasurer upon monies paid into the state depository, to the credit of the Commissioner of Highways, by any county, to be expended for the construction of bridges or highways, shall be credited to the fund which shall earn the same; and all interest heretofore earned by any such deposits or funds, and by the State Treasurer credited to the general revenue fund, shall be transferred from said fund and credited to the fund which earned said interest; Provided, there is any unexpended balance of such fund to which to credit said interest.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1921, c. 49, p. 69, &sect; 1. &nbsp;</span></p> <p><span class="cls0">&sect;6285. Obligations of bank not impaired.&nbsp;</span></p> <p><span class="cls0">The provisions of Section 1, of this act, shall not in any way impair the obligations of the bank securing such deposits as provided in Chapter 78, Article 3, of the Compiled Oklahoma Statutes, 1921.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1923, c. 84, p. 150, &sect; 2. &nbsp;</span></p> <p><span class="cls0">&sect;6288.1. Short title.&nbsp;</span></p> <p><span class="cls0">Sections 1 through 9 of this act shall be known and may be cited as the "Oklahoma Small Business Linked Deposit Act".&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Added by Laws 1988, c. 183, &sect; 1, eff. July 1, 1988. &nbsp;</span></p> <p><span class="cls0">&sect;62-88.1A. Repealed by Laws 1997, c. 164, &sect; 11, eff. July 1, 1997.&nbsp;</span></p> <p><span class="cls0">&sect;62-88.1B. Investment of linked deposit program monies.&nbsp;</span></p> <p><span class="cls0">A. The amount that the State Treasurer may invest in all linked deposit programs authorized by law shall not exceed the lesser of Two Hundred Twenty-five Million Dollars ($225,000,000.00) or fifteen percent (15%) of all monies available to the State Treasurer for investment as calculated by taking the average of the quarter-end amount for the previous four (4) quarters.&nbsp;</span></p> <p><span class="cls0">B. The State Treasurer shall on a quarterly basis review the percentage of total investable state funds invested in all linked deposit programs created by law to determine compliance with subsection A of this section.&nbsp;</span></p> <p><span class="cls0">C. If the State Treasurer determines that more than the amount allowable pursuant to subsection A of this section is invested in all linked deposit programs created by law, the State Treasurer shall suspend any renewal or any initiation of new linked deposit program investments until the time that the State Treasurer determines the investment percentage limitation established by this section has been met and except as provided by Section 88.1A of this title.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1994, c. 277, &sect; 14. Amended by Laws 1994, c. 382, &sect; 25, eff. Sept. 1, 1994; Laws 1995, c. 88, &sect; 4, eff. July 1, 1995; Laws 2002, c. 287, &sect; 10, eff. July 1, 2003.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Editorially renumbered from Title 62, &sect; 88.1 to avoid duplication in numbering.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;6288.2. Definitions.&nbsp;</span></p> <p><span class="cls0">As used in the Oklahoma Small Business Linked Deposit Act:&nbsp;</span></p> <p><span class="cls0">1. "Eligible participant" means:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;any small business organized for profit, including any business related to tourism, doing business in and from the State of Oklahoma, which employs not more than two hundred (200) employees or has gross annual receipts of not more than Four Million Dollars ($4,000,000.00),&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;any industrial park that has been certified by the Oklahoma Department of Commerce as meeting minimum guidelines necessary for an industrial park, and&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;any public trust authorized in accordance with Section 176 of Title 60 of the Oklahoma Statutes engaged in industrial development as determined by the Department of Commerce. Such public trusts are limited to fifteen percent (15%) of the total available funds and a nonrenewable term not to exceed six (6) months unless their purpose is to make package passthrough loans to other private nontrust recipients for industrial development purposes in which case the other conditions contained in this act shall apply. Subsequent loans made by an eligible trust cannot exceed the interest rate established by this act.&nbsp;</span></p> <p><span class="cls0">2. "Eligible lending institution" means a financial institution that:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;is eligible to make commercial loans,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;is a public depository of state funds, and&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;agrees to participate in the linked deposit program, or&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;is an institution of the farm credit system organized under the federal "Farm Credit Act of 1971", 12 U.S.C. 2001, as amended.&nbsp;</span></p> <p><span class="cls0">3. "Enterprise zone" means those areas designated as enterprise zones or districts in accordance with the Oklahoma Enterprise Zone Act, Sections 690.1 through 690.19 of this title.&nbsp;</span></p> <p><span class="cls0">4. "Priority Enterprise Zones" means an enterprise zone selected by the Department of Commerce which has demonstrated unusual commitment as provided by this act.&nbsp;</span></p> <p><span class="cls0">5. "Small business linked deposit" means a certificate of deposit placed by the State Treasurer with an eligible lending institution.&nbsp;</span></p> <p><span class="cls0">6. "Board" means the Oklahoma Linked Deposit Review Board.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1988, c. 183, &sect; 2, eff. July 1, 1988. Amended by Laws 1990, c. 321, &sect; 7, emerg. eff. May 30, 1990.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;62-88.3. Repealed by Laws 2013, c. 87, &sect; 1, eff. Nov. 1, 2013.&nbsp;</span></p> <p><span class="cls0">&sect;6288.4. Administration and implementation of program Annual report.&nbsp;</span></p> <p><span class="cls0">A. The State Treasurer is hereby authorized to administer the Oklahoma Small Business Linked Deposit Program. The State Treasurer is further authorized to issue guidelines in a manner similar to the Administrative Procedures Act, Section 250 et seq. of Title 75 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">B. The State Treasurer shall take any and all steps necessary to implement the Oklahoma Small Business Linked Deposit Program and monitor compliance of eligible lending institutions and eligible participants, including the development of guidelines as necessary.&nbsp;</span></p> <p><span class="cls0">C. The State Treasurer shall submit an annual report outlining the status of the Oklahoma Small Business Linked Deposit Program to the Governor, the Lieutenant Governor, the President Pro Tempore of the Senate and the Speaker of the House of Representatives.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Added by Laws 1988, c. 183, &sect; 4, eff. July 1, 1988. &nbsp;</span></p> <p><span class="cls0">&sect;62-88.5. Dissemination of information and loan packages - Completing loan package - Acceptance and review of loan applications - Conditions of loans - Forwarding loan packages to State Treasurer and Board.&nbsp;</span></p> <p><span class="cls0">A. The State Treasurer and the Department of Commerce are hereby authorized to disseminate information and to provide small business linked deposit loan packages to the lending institutions eligible for participation under this act.&nbsp;</span></p> <p><span class="cls0">B. The small business linked deposit loan package shall be completed by the borrower before being forwarded to the lending institution for consideration. Any technical assistance in completing such loan package shall be provided by the State Treasurer.&nbsp;</span></p> <p><span class="cls0">C. An eligible lending institution that desires to receive a small business linked deposit shall accept and review applications for loans from eligible participants. The lending institution shall apply all usual lending standards to determine the creditworthiness of each eligible participant. Loans under this act shall conform to the following conditions:&nbsp;</span></p> <p><span class="cls0">1. Maximum loan amounts under the Oklahoma Small Business Linked Deposit Act shall:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;not exceed One Million Two Hundred Thousand Dollars ($1,200,000.00) for an eligible small business,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;not exceed Six Million Dollars ($6,000,000.00) for an eligible industrial park or any public trust authorized in accordance with Section 176 of Title 60 of the Oklahoma Statutes engaged in industrial development as determined by the Oklahoma Linked Deposit Review Board. Such public trusts are limited to fifteen percent (15%) of the total available funds and a nonrenewable term not to exceed six (6) months unless their purpose is to make package passthrough loans to other private recipients for industrial development purposes. Loans made by an eligible trust cannot exceed the interest rate established by this act. Any recipient of a loan through an eligible trust must meet the criteria of this act to receive a small business linked deposit loan;&nbsp;</span></p> <p><span class="cls0">2. An eligible participant shall certify on the loan application that the reduced rate loan will be used exclusively to create new jobs or preserve existing jobs and employment opportunities in accordance with the purpose of this section;&nbsp;</span></p> <p><span class="cls0">3. Only one linked deposit loan shall be made and be outstanding at any time to any eligible participant; provided that the linked deposit loan may be refinanced;&nbsp;</span></p> <p><span class="cls0">4. No linked deposit loan shall be approved for any otherwise eligible participant when fifty percent (50%) or more of the interest in or control of such otherwise eligible participant is owned directly or indirectly by a person who owns directly or indirectly fifty percent (50%) or more of or controls another participating eligible participant;&nbsp;</span></p> <p><span class="cls0">5. No loan shall be made to any officer or director of the lending institution making the loan or to any entity in which any such officer or director maintains a controlling interest;&nbsp;</span></p> <p><span class="cls0">6. No loan shall be made to any employee of the State Treasurer's office or members of the Board or to any entity in which any such officer or director maintains a controlling interest;&nbsp;</span></p> <p><span class="cls0">7. The criteria for the amount of loans used for refinance shall be established by the Oklahoma Linked Deposit Review Board to reflect legislative intent to tighten previous criteria on refinancing;&nbsp;</span></p> <p><span class="cls0">8. The criteria for the amount of loans per job ratio shall be established by the Oklahoma Linked Deposit Review Board to reflect legislative intent to maximize the program in terms of the jobs created or saved;&nbsp;</span></p> <p><span class="cls0">9. Whoever knowingly makes a false statement concerning a linked deposit loan application shall be prohibited from entering into the linked deposit loan program; and&nbsp;</span></p> <p><span class="cls0">10. Linked deposits may be made for any maturity considered appropriate by the State Treasurer not to exceed two (2) years and may be renewed for up to an additional three renewals not to exceed two (2) years each at the discretion of the State Treasurer with the approval of the lending institution. No renewals will be allowed unless the amount of principal has been reduced by a minimum of five percent (5%) and all interest paid to date from the time of the prior loan or renewal. However, at renewal the Oklahoma Linked Deposit Review Board may approve an increase in the amount of principal, if the business is expanding and additional jobs will be created. An approval of such an increase in principal will not extend the maximum years of participation in the program. In addition, loans made to eligible participants where the loan is to be used within an enterprise zone may be made for the maturity date of three (3) years with two additional renewals. The first renewal may be for up to three (3) years and the last renewal may be for up to two (2) years. Loans made to be used within Priority Enterprise Zones may be made with a maturity date of five (5) years and have another three (3) years of renewal. Interest shall be paid at the times determined by the State Treasurer. The State Treasurer may place a small business linked deposit with an eligible lending institution or decline to do so based on the cash flow needs of the state, the security of state funds, investment needs of the state and the ratio of state funds deposited to jobs which would be sustained or created.&nbsp;</span></p> <p><span class="cls0">D. In considering which eligible participants to include in the small business linked deposit loan package for reduced rate loans, the eligible lending institution shall give priority to the economic needs of the area in which the business is located and other factors it considers appropriate to determine the relative financial need of the business including those criteria set forth in the Community Reinvestment Act of the United States. Location in an enterprise zone shall be evidence of the economic needs of the area.&nbsp;</span></p> <p><span class="cls0">E. The eligible lending institution shall forward to the State Treasurer a small business linked deposit loan package in the form and manner prescribed and approved by the State Treasurer. The package shall include information regarding the amount of the loan requested by each eligible participant, the number of jobs to be created or sustained, an estimate of the number of zone residents to be employed in such jobs where the loan is to be used in an enterprise zone and such other information regarding each business the State Treasurer and the Board requires. The institution shall certify that each applicant is an eligible participant, and shall, for each business, certify the present borrowing rate applicable to each specific eligible small business.&nbsp;</span></p> <p><span class="cls0">F. Upon receipt of a completed small business linked deposit loan package, the State Treasurer shall forward the loan package to the Board, Oklahoma Tax Commission and Oklahoma Employment Security Commission. The Board shall review the small business linked deposit loan package to determine if said package is qualified under this act. Within ten (10) days of receipt of the loan package, the Oklahoma Tax Commission and the Oklahoma Employment Security Commission shall determine and certify with the Board whether or not the applicant is in good standing. The Board shall make a recommendation concerning the package at the next regularly scheduled Board meeting or at a special Board meeting, after receipt of the responses from the Oklahoma Tax Commission and the Oklahoma Employment Security Commission. No applicant will be approved without certification of good standing with the Oklahoma Tax Commission and Oklahoma Employment Security Commission. The Board shall return the package to the State Treasurer with a written recommendation of approval or rejection. If the Board recommends rejection, the written recommendation shall include reasons for said rejection. The Board shall forward a copy of its rejection notice to the lending institution and the borrower. The State Treasurer shall keep a chronological list of applications forwarded by the Board for approval or rejection.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1988, c. 183, &sect; 5, eff. July 1, 1988. Amended by Laws 1990, c. 321, &sect; 8, emerg. eff. May 30, 1990; Laws 1991, c. 334, &sect; 4, eff. Sept. 1, 1991; Laws 1995, c. 88, &sect; 3, eff. July 1, 1995; Laws 1996, c. 81, &sect; 1, eff. July 1, 1996; Laws 1998, c. 85, &sect; 10, eff. July 1, 1998; Laws 2010, c. 270, &sect; 1, emerg. eff. May 14, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;6288.6. Funding of approved loans.&nbsp;</span></p> <p><span class="cls0">A. Applications approved by the Board shall be subject to available funds, and if a loan or loan package is not funded for such reason, it will be funded in the chronological order of its approval.&nbsp;</span></p> <p><span class="cls0">B. The State Treasurer shall reject any small business linked deposit loan package if the participant requesting such loan is not in good standing with the Oklahoma Tax Commission and the Oklahoma Employment Security Commission. Notwithstanding any provision of law to the contrary, said agencies shall provide the State Treasurer with such information as to the standing of each participant loan applicant within ten (10) days of the request for the information.&nbsp;</span></p> <p><span class="cls0">C. Upon acceptance of the small business linked deposit loan package or any portion thereof, the State Treasurer shall notify the Board, the lending institution and the borrower. Upon acceptance the State Treasurer may place certificates of deposit with the eligible lending institution at up to three percent (3%) below the comparable Treasury Bill rate, as determined and calculated by the State Treasurer. When necessary, the State Treasurer may place certificates of deposit prior to acceptance of a small business linked deposit loan package.&nbsp;</span></p> <p><span class="cls0">D. Upon the placement of a small business linked deposit with an eligible lending institution, the institution shall fund the loan to each approved eligible participant listed in the small business linked deposit loan package in accordance with the small business linked deposit agreement between the institution and the State Treasurer. The percentage rate of the loan shall be reduced by at least the same number of percentage points that the certificate of deposit was reduced upon placement. A certification of compliance with this subsection in the form and manner as prescribed by the State Treasurer shall be required of the eligible lending institution. Deposits placed by the State Treasurer shall be secured by collateralization as determined by and in accordance with the State Treasurer's policy for securing state deposits. The objective of said policy shall be to adequately secure the collateralization of deposits without requiring unnecessary over-collateralization by the institution.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1988, c. 183, &sect; 6, eff. July 1, 1988. Amended by Laws 1990, c. 321, &sect; 9, emerg. eff. May 30, 1990; Laws 1991, c. 334, &sect; 5, eff. Sept. 1, 1991.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;6288.7. Liability of state and State Treasurer on loans Default in payment of loan.&nbsp;</span></p> <p><span class="cls0">The State of Oklahoma and the State Treasurer shall not be liable to any eligible lending institution in any manner for payment of the principal or interest on the loan to an eligible participant. Any delay in payments in default on the part of an eligible participant does not in any manner affect the small business linked deposit agreement between the eligible lending institution and the State Treasurer.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Added by Laws 1988, c. 183, &sect; 7, eff. July 1, 1988. &nbsp;</span></p> <p><span class="cls0">&sect;62-88.8. Repealed by Laws 1994, c. 277, &sect; 18.&nbsp;</span></p> <p><span class="cls0">&sect;6288.9. Collateralizing funds.&nbsp;</span></p> <p><span class="cls0">Any funds placed with an eligible lending institution shall be collateralized in the same manner as deposits of other state funds.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Added by Laws 1988, c. 183, &sect; 9, eff. July 1, 1988. &nbsp;</span></p> <p><span class="cls0">&sect;6289.1a. Investment with state financial institutions at less than competitive market rate.&nbsp;</span></p> <p><span class="cls0">In order to help provide for the capital needs of this state, the State Treasurer may invest monies at less than competitive market rates with financial institutions of this state. Not more than ten percent (10%) of all monies available to the State Treasurer for investment purposes or One Hundred Million Dollars ($100,000,000.00), whichever is less, shall be invested as provided for in this section. Such investments shall earn not less than the rate for comparable maturities on United States Treasury obligations.&nbsp;</span></p> <p><span class="cls0">Provided, no more than Ten Million Dollars ($10,000,000.00) of monies specified in this section shall be invested in any one financial institution and no monies specified in this section shall be invested in a financial institution that has a loantodeposit ratio of less than fifty percent (50%).&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Added by Laws 1987, c. 194, &sect; 4, operative July 1, 1987. &nbsp;</span></p> <p><span class="cls0">&sect;62-89.2. Investment of funds by State Treasurer.&nbsp;</span></p> <p><span class="cls0">A. The State Treasurer is directed to invest the maximum amount of funds under control of the State Treasurer consistent with good business practices. Except as otherwise provided for by law, the investments shall earn not less than the rate for comparable maturities on United States Treasury obligations. Except as otherwise provided for by law, the State Treasurer may purchase and invest only in:&nbsp;</span></p> <p><span class="cls0">1. Obligations of the United States Government, its agencies and instrumentalities, or other obligations fully insured or unconditionally guaranteed as to the payment of principal and interest by the United States government or any of its agencies and instrumentalities;&nbsp;</span></p> <p><span class="cls0">2. Collateralized or insured certificates of deposit and other evidences of deposit at banks, savings banks, savings and loan associations and credit unions located in this state;&nbsp;</span></p> <p><span class="cls0">3. Negotiable certificates of deposit issued by a nationally or state-chartered bank, a savings bank, a savings and loan association or a state-licensed branch of a foreign bank. Purchases of negotiable certificates of deposit shall not exceed ten percent (10%) of the cash available for investment which may be invested pursuant to this section. Not more than one-half (1/2) of the ten percent (10%) limit shall be invested in any one financial institution specified in this paragraph;&nbsp;</span></p> <p><span class="cls0">4. Prime banker's acceptances which are eligible for purchase by the Federal Reserve System and which do not exceed two hundred seventy (270) days' maturity. Purchases of prime banker's acceptances shall not exceed ten percent (10%) of the cash available for investment which may be invested pursuant to this section. Not more than three-fourths (3/4) of the ten percent (10%) limit shall be invested in any one commercial bank pursuant to this paragraph;&nbsp;</span></p> <p><span class="cls0">5. Prime commercial paper which shall not have a maturity that exceeds one hundred eighty (180) days nor represent more than ten percent (10%) of the outstanding paper of an issuing corporation. Purchases of prime commercial paper shall not exceed seven and one-half percent (7 1/2%) of the cash available for investment which may be invested pursuant to this section;&nbsp;</span></p> <p><span class="cls0">6. Investment grade obligations of state and local governments, including obligations of Oklahoma state public trusts which possess the highest rating from at least one nationally recognized rating agency acceptable to the State Treasurer. Purchases of investment grade obligations of state and local governments shall not exceed ten percent (10%) of the cash available for investment which may be invested pursuant to this section;&nbsp;</span></p> <p><span class="cls0">7. Repurchase agreements, provided that such agreements are included within the written investment policy required by subsection D of this section that have underlying collateral consisting of those items and those restrictions specified in paragraphs 1 through 6 of this subsection;&nbsp;</span></p> <p><span class="cls0">8. Money market funds and short term bond funds regulated by the Securities and Exchange Commission and which investments consist of those items and those restrictions specified in paragraphs 1 through 7 of this subsection; and&nbsp;</span></p> <p><span class="cls0">9. Bonds, notes, debentures or other similar obligations of a foreign government which the International Monetary Fund lists as an industrialized country and for which the full faith and credit of such nation has been pledged for the payment of principal and interest; provided, that any such security shall be rated at least A- or better by Standard & Poor's Corporation or A3 or better by Moody's Investors Service, or an equivalent investment grade by a securities ratings organization accepted by the National Association of Insurance Commissioners; and provided further, that the total investment in such foreign securities at any one time shall not exceed five percent (5%) of the cash available for investment which may be invested pursuant to this section. In no circumstance shall investments be made in bonds, notes, debentures or any similar obligations of a foreign government that:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;is identified as a state sponsor of terrorism by the United States Department of State, or&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;any authoritarian or totalitarian government the sovereign powers of which are exercised through a single person or group of persons who are not elected by any form of legitimate popular voting.&nbsp;</span></p> <p><span class="cls0">B. Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived.&nbsp;</span></p> <p><span class="cls0">C. The State Treasurer shall appoint an investment officer who shall perform duties related to the investment of state funds in the Office of the State Treasurer. The investment officer shall not perform or supervise any accounting functions, data processing functions or duties related to the documentation or settlement of investment transactions.&nbsp;</span></p> <p><span class="cls0">D. Investments of public funds by the State Treasurer shall be made in accordance with written policies developed by the State Treasurer. The written investment policies shall address:&nbsp;</span></p> <p><span class="cls0">1. Liquidity;&nbsp;</span></p> <p><span class="cls0">2. Diversification;&nbsp;</span></p> <p><span class="cls0">3. Safety of principal;&nbsp;</span></p> <p><span class="cls0">4. Yield;&nbsp;</span></p> <p><span class="cls0">5. Maturity and quality; and&nbsp;</span></p> <p><span class="cls0">6. Capability of investment management.&nbsp;</span></p> <p><span class="cls0">The State Treasurer shall place primary emphasis on safety and liquidity in the investment of public funds. To the extent practicable taking into account the need to use sound investment judgment, the written investment policies shall include provision for utilization of a system of competitive bidding in the investment of state funds. The written investment policies shall be designed to maximize yield within each class of investment instrument, consistent with the safety of the funds invested.&nbsp;</span></p> <p><span class="cls0">E. The State Treasurer shall select one custodial bank to settle transactions involving the investment of state funds under the control of the State Treasurer. The State Treasurer shall review the performance of the custodial bank at least once every year. The State Treasurer shall require a written competitive bid every five (5) years. The custodial bank shall have a minimum of Five Hundred Million Dollars ($500,000,000.00) in assets to be eligible for selection. Any out-of-state custodial bank shall have a service agent in the State of Oklahoma so that service of summons or legal notice may be had on such designated agent as is now or may hereafter be provided by law. In order to be eligible for selection, the custodial bank shall allow electronic access to all transaction and portfolio reports maintained by the custodial bank involving the investment of state funds under control of the State Treasurer. The access shall be given to both the State Treasurer and to the Cash Management and Investment Oversight Commission. The requirement for electronic access shall be incorporated into any contract between the State Treasurer and the custodial bank. Neither the State Treasurer nor the custodial bank shall permit any of the funds under the control of the State Treasurer or any of the documents, instruments, securities or other evidence of a right to be paid money to be located in any place other than within a jurisdiction or territory under the control or regulatory power of the United States Government.&nbsp;</span></p> <p><span class="cls0">F. The investment policy shall specify the general philosophy, policies and procedures to be followed in the investment of state monies by the State Treasurer. The investment policy shall include, but not be limited to, the following:&nbsp;</span></p> <p><span class="cls0">1. Policy objectives;&nbsp;</span></p> <p><span class="cls0">2. Performance measure objectives;&nbsp;</span></p> <p><span class="cls0">3. Authority for investment program;&nbsp;</span></p> <p><span class="cls0">4. Possible use of an investment advisory committee;&nbsp;</span></p> <p><span class="cls0">5. Reporting and documentation of investments;&nbsp;</span></p> <p><span class="cls0">6. Authorized investment instruments;&nbsp;</span></p> <p><span class="cls0">7. Diversification of investment risk;&nbsp;</span></p> <p><span class="cls0">8. Maturity limitations;&nbsp;</span></p> <p><span class="cls0">9. Selections of financial institutions;&nbsp;</span></p> <p><span class="cls0">10. Interest controls;&nbsp;</span></p> <p><span class="cls0">11. Safekeeping of investments;&nbsp;</span></p> <p><span class="cls0">12. Investment ethics; and&nbsp;</span></p> <p><span class="cls0">13. Formal adoption of policy.&nbsp;</span></p> <p><span class="cls0">G. The State Treasurer shall provide weekly reports of all investments made by the State Treasurer if requested by the Cash Management and Investment Oversight Commission, and list any commissions, fees or payments made for services regarding such investments. The reports required by this subsection shall be delivered to the Commission within three (3) business days of the end of the applicable week.&nbsp;</span></p> <p><span class="cls0">H. Not later than July 1 of each year, the State Treasurer shall forward a copy of the written investment policy to the Governor, the Speaker of the House of Representatives, the President Pro Tempore of the Senate, the Attorney General, the Bank Commissioner, and the Director of the Office of Management and Enterprise Services. In addition, the State Treasurer shall maintain one copy of the investment policy in the office of the State Treasurer for public inspection during regular business hours. Copies of any modifications to the investment policy shall be forwarded to the Governor, Speaker of the House of Representatives, President Pro Tempore of the Senate, and each member of the Cash Management and Investment Oversight Commission.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1974, c. 22, &sect; 2. Amended by Laws 1986, c. 235, &sect; 2; Laws 1987, c. 194, &sect; 3, operative July 1, 1987; Laws 1991, c. 207, &sect; 4, eff. July 1, 1991; Laws 1994, c. 37, &sect; 2, eff. July 1, 1994; Laws 1994, c. 227, &sect; 2, emerg. eff. May 24, 1994; Laws 1995, c. 65, &sect; 1, eff. July 1, 1995; Laws 1999, c. 292, &sect; 5, eff. July 1, 1999; Laws 2001, c. 133, &sect; 12, emerg. eff. April 24, 2001; Laws 2003, c. 224, &sect; 13, eff. July 1, 2003; Laws 2004, c. 134, &sect; 1, eff. July 1, 2004; Laws 2006, c. 233, &sect; 6, eff. Nov. 1, 2006; Laws 2009, c. 433, &sect; 8, emerg. eff. June 2, 2009; Laws 2010, c. 241, &sect; 7, emerg. eff. May 10, 2010; Laws 2012, c. 131, &sect; 4, eff. Nov. 1, 2012; Laws 2013, c. 15, &sect; 66, emerg. eff. April 8, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 2012, c. 304, &sect; 439 repealed by Laws 2013, c. 15, &sect; 67, emerg. eff. April 8, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-89.4. Public inspection of records.&nbsp;</span></p> <p><span class="cls0">Records in the State Treasurer's office shall be subject to public inspection in accordance with Section 24, Title 51, Oklahoma Statutes 1971.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1974, c. 22, &sect; 4.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-89.5. State Treasurer's Revolving Fund - Employees; duties and compensation.&nbsp;</span></p> <p><span class="cls0">A. There is hereby created in the State Treasury a revolving fund for the Office of the State Treasurer to be designated the "State Treasurer's Revolving Fund". The fund shall be a continuing fund not subject to fiscal year limitations, and shall consist of all monies received by the Office of the State Treasurer from fees and receipts collected pursuant to the Oklahoma Open Records Act, Section 24A.1 et seq. of Title 51 of the Oklahoma Statutes; monies received, including, but not limited to, reasonable and customary service-related charges, any monies received from the sale of surplus property, and any grants-in-aid received from the federal government for the operations of the Office of the State Treasurer unless otherwise provided by federal law or regulation. All monies accruing to the credit of said fund are hereby appropriated and may be budgeted and expended by the Office of the State Treasurer for the operating expenses of the said office. Expenditures from said fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment.&nbsp;</span></p> <p><span class="cls0">B. The State Treasurer shall appoint and fix the duties and compensation of employees, not otherwise prescribed by law, necessary to perform the duties imposed upon the Office of the State Treasurer by law.&nbsp;</span></p> <p><span class="cls0">Laws 1976, c. 233, &sect; 3, emerg. eff. June 15, 1976; Laws 1979, c. 47, &sect; 51, emerg. eff. April 9, 1979; Laws 1983, c. 215, &sect; 1, operative July 1, 1983; Laws 1987, c. 194, &sect; 12, operative July 1, 1987; Laws 1993, c. 260, &sect; 28, operative July 1, 1993; Laws 2008, c. 108, &sect; 7, emerg. eff. May 2, 2008; Laws 2012, c. 304, &sect; 440.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-89.6. Fees.&nbsp;</span></p> <p><span class="cls0">A. The State Treasurer may charge and collect the following fees:&nbsp;</span></p> <p><span class="cls0">1. For any returned check or electronic debit that is returned, a fee of Twenty-five Dollars ($25.00);&nbsp;</span></p> <p><span class="cls0">2. For handling and processing rejected warrant items processed by the State Treasurer, a fee of One Dollar ($1.00) per item;&nbsp;</span></p> <p><span class="cls0">3. For handling a stop-payment item processed by the State Treasurer on behalf of a state agency, a fee of Fifteen Dollars ($15.00) for each item up to a maximum fee of Three Hundred Twenty-five Dollars ($325.00) per day; and&nbsp;</span></p> <p><span class="cls0">4. Beginning July 1, 2010, for expenses incurred in managing the state blended portfolio, an annual fee of not more than two and one-half (2 1/2) basis points which may be charged monthly against the average daily balance of the portfolio; provided, the fees shall be collected at the time earnings are deposited to participants.&nbsp;</span></p> <p><span class="cls0">B. Beginning July 1, 2012, a state agency may direct the State Treasurer to purchase, sell, hold or otherwise manage investment transactions on its behalf outside of the blended portfolio, provided that the agency shall not pay more for investment services than the rate established by the State Treasurer which shall not exceed the amount necessary for recovering the cost to the State Treasurer's office for providing such services.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1993, c. 260, &sect; 29, operative July 1, 1993. Amended by Laws 1996, c. 219, &sect; 3, eff. July 1, 1996; Laws 2009, c. 433, &sect; 9, eff. Nov. 1, 2009; Laws 2010, c. 241, &sect; 8, emerg. eff. May 10, 2010; Laws 2011, c. 261, &sect; 4, eff. Nov. 1, 2011; Laws 2012, c. 222, &sect; 2.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-89.7. Investment performance reports.&nbsp;</span></p> <p><span class="cls0">A. The State Treasurer shall prepare monthly and annual investment performance reports of the State Treasurer's Office in the form and manner required by the Cash Management and Investment Oversight Commission after consultation with the State Treasurer which summarize recent market conditions, economic developments and anticipated investment conditions and the investment plan performance, including portfolio diversification and rates of return measured against the investment plan of the State Treasury. The annual investment performance report shall be submitted to the Commission and shall be made within ninety (90) calendar days after the end of the fiscal year. The monthly investment performance reports shall be submitted to the Executive Review Committee and shall be made within thirty (30) days after the end of the applicable month. The investment performance reports shall specify the investment strategies employed in the most recent reporting period and describe the investment portfolio of the state in terms of:&nbsp;</span></p> <p><span class="cls0">1. Securities;&nbsp;</span></p> <p><span class="cls0">2. Maturities;&nbsp;</span></p> <p><span class="cls0">3. Fund type;&nbsp;</span></p> <p><span class="cls0">4. Financial institutions from which securities were purchased, including the amounts and the city and state of location;&nbsp;</span></p> <p><span class="cls0">5. Investment return compared to budgetary expectations;&nbsp;</span></p> <p><span class="cls0">6. Average yield; and&nbsp;</span></p> <p><span class="cls0">7. Average life of the portfolio.&nbsp;</span></p> <p><span class="cls0">The investment performance reports shall also indicate any areas of concern which the State Treasurer has concerning the basic investment strategies being employed. The investment performance reports shall contain:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;combined and individual rates of return and a list of all losses by category of investment, over periods of time;&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;the rate of return on deposits and all fees and expenses charged as to all depository financial institutions of the State Treasury and a specific review of the adequacy of the collateralization;&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;any other information that the State Treasurer may include; and&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;such other information that the Cash Management and Investment Oversight Commission created by Section 71.1 of this title may request and that the State Treasurer agrees to include in the investment performance reports.&nbsp;</span></p> <p><span class="cls0">B. To the extent that the State Treasurer should have reason to know, the State Treasurer shall also include in the investment performance reports a listing of all payments, fees, commissions, or other compensation received by any person, including but not limited to individuals, financial institutions, or investment companies or corporations, which have an investment agreement, contract, or other arrangement with the State Treasurer, or who receive any compensation as a result of a transaction involving the investment of state monies or funds or the purchase, sale, or trade of securities or bonds involving the Office of the State Treasurer. Said listings shall also include the social security or federal identification number of any person, including but not limited to individuals, financial institutions, or investment companies or corporations, receiving payments, fees, commissions, or other compensation.&nbsp;</span></p> <p><span class="cls0">C. The annual investment performance report shall be written in simple and easily understood language containing:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;an analysis of the written investment plans developed by the Treasurer as required by law;&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;a quantitative analysis of the performance of all depository financial institutions approved by the State Treasurer, with regard to monies deposited;&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;the result of the analyses prepared pursuant to subparagraphs a and b of this paragraph compared with similar data for other states;&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;recommendations on administrative and legislative changes which are necessary to improve the performance of the State Treasury in accordance with current standards for large public fund portfolio management; and&nbsp;</span></p> <p class="cls2"><span class="cls0">e.&nbsp;&nbsp;a listing by object code of the expenses of the State Treasury as audited by the independent auditor provided by Section 89.10 of this title.&nbsp;</span></p> <p><span class="cls0">D. The State Treasurer shall distribute the investment performance reports to the Governor, the President Pro Tempore of the Senate, the Speaker of the House of Representatives, the State Auditor and Inspector, the Attorney General, and members of the Cash Management and Investment Oversight Commission. Upon request, the State Treasurer shall make the annual investment performance report available to the members of the Legislature and the general public. The annual investment performance report shall also include an investment plan for the ensuing fiscal year.&nbsp;</span></p> <p><span class="cls0">E. The State Treasurer shall require all employees in the State Treasury to sign an anti-collusion affidavit. Execution of a false affidavit shall make such employees subject to disciplinary action, including but not limited to termination, criminal prosecution or both.&nbsp;</span></p> <p><span class="cls0">F. The State Treasurer shall require an anti-collusion affidavit from brokers or other persons offering investment services to the State Treasury. The State Treasurer shall be prohibited from employing or doing business with any brokers or persons offering investment services to the State Treasury who have not executed such an affidavit.&nbsp;</span></p> <p><span class="cls0">G. The Cash Management and Investment Oversight Commission shall certify that the State Treasurer has delivered to the Commission the monthly and annual investment performance reports and the annual financial report required by this section. If the Commission determines that these reports have not been delivered by the State Treasurer as required by law, the Commission shall notify in writing the Governor, the Speaker of the House of Representatives, the President Pro Tempore of the Senate, the Attorney General, and the State Auditor and Inspector.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1987, c. 194, &sect; 13, operative July 1, 1987. Amended by Laws 1991, c. 207, &sect; 5, eff. July 1, 1991; Laws 1994, c. 227, &sect; 3, emerg. eff. May 24, 1994; Laws 1995, c. 88, &sect; 5, eff. July 1, 1995; Laws 2010, c. 241, &sect; 9, emerg. eff. May 10, 2010; Laws 2011, c. 261, &sect; 3, eff. Nov. 1, 2011.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-89.9. Statements and affidavits regarding collusion activities and employee nepotism - Forms to be prescribed by Attorney General.&nbsp;</span></p> <p><span class="cls0">A. The Attorney General shall prescribe and provide forms to the Office of the State Treasurer for sworn statements and affidavits regarding collusion activities. Such sworn statement form shall be similar to the sworn statement forms provided for in Sections 85.22 and 85.23 of Title 74 of the Oklahoma Statutes. All concerns, including but not limited to financial institutions and investment companies, entering into an agreement or contract awarded by the Office of the State Treasurer shall have on file with the Office of the State Treasurer a current sworn statement.&nbsp;</span></p> <p><span class="cls0">B. The Attorney General shall prescribe and provide forms to the Office of the State Treasurer for sworn statements and affidavits regarding employee nepotism. Such sworn statement and affidavit shall state that the Office of the State Treasurer employee is not related by affinity or consanguinity within the third degree to any person offering investment services to the Office of the State Treasurer. The statement and affidavit shall be signed by each employee of the Office of the State Treasurer employed prior to the effective date of this act and by any new employee of the Office of the State Treasurer hired after the effective date of this act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1991, c. 207, &sect; 6, eff. July 1, 1991.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;62-89.10. Repealed by Laws 2010, c. 413, &sect; 30, eff. July 1, 2010.&nbsp;</span></p> <p><span class="cls0">&sect;62-89.11. Recording and auditing of transactions.&nbsp;</span></p> <p><span class="cls0">A. The State Treasurer shall develop and implement a system of procedures to record and audit all transactions, including electronic investment bidding transactions with outside financial concerns. Said system of procedures shall be promulgated pursuant to the Administrative Procedures Act and must be approved by the Cash Management and Investment Oversight Commission not later than October 1, 1994.&nbsp;</span></p> <p><span class="cls0">B. The Executive Review Committee must approve any proposed destruction or changes of any transaction records, including electronic investment bidding transactions. Any approved destructions or changes of such transactions shall be detailed in writing by the Executive Review Committee. The provisions of this subsection shall not apply to corrections of scrivener error in transaction records; however, for purposes of this section, &ldquo;scrivener error&rdquo; shall not be defined to include any deliberate change in a transaction record made:&nbsp;</span></p> <p><span class="cls0">1. For the purpose of causing a record to reflect a transaction having occurred which did not in fact occur;&nbsp;</span></p> <p><span class="cls0">2. For the purpose of causing a record to reflect that a transaction did not occur when in fact it did occur; or&nbsp;</span></p> <p><span class="cls0">3. Resulting in inaccuracy in a record which is material to determining whether an act or omission occurred if such act or omission constitutes a violation of any law, rule or requirement.&nbsp;</span></p> <p><span class="cls0">C. The State Auditor and Inspector, the Attorney General and other authorized law enforcement officers are authorized to inspect any transaction records or documents, including electronic investment bidding transactions created pursuant to this section.&nbsp;</span></p> <p><span class="cls0">D. The willful interference with the inspections authorized by subsection C of this section or the deliberate falsification or destruction of transaction records, other than as permitted by subsection B of this section, by the State Treasurer, any employee of the State Treasurer, or any other person or firm shall, upon conviction, be a felony and shall be punishable by imprisonment in the State Penitentiary for a term not to exceed three (3) years, by a fine of Ten Thousand Dollars ($10,000.00), or by both such imprisonment and fine, and shall also constitute grounds for termination of such employee. A violation of the requirements of subsection C of this section, shall be grounds for disciplinary action, including termination from employment.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1991, c. 207, &sect; 8, eff. July 1, 1991. Amended by Laws 1994, c. 227, &sect; 4, emerg. eff. May 24, 1994; Laws 1997, c. 133, &sect; 519, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 377, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 519 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;62-90. Securities lending program - Securities Lending and Custodial Fee Revolving Fund.&nbsp;</span></p> <p><span class="cls0">A. The State Treasurer may implement and engage in a securities lending program. As used in this section, "securities lending program" means any program, arrangement or agreement whereby the state deposits securities with a federally or state-chartered savings and loan association, a trust company, a state or national bank, or a broker-dealer registered with the National Association of Securities Dealers, Inc. and insured by the Securities Investors Protection Corporation, for the purpose of permitting the financial institution or broker-dealer to lend securities to a borrower approved by the State Treasurer in return for a fee or charge paid by the borrower for the use of such securities. All income from securities lending, less fees, shall be deposited into the Securities Lending and Custodial Fee Revolving Fund created in this section; provided, securities lending income in excess of amounts necessary to pay custodial or other banking fees, shall be deposited into the General Revenue Fund. Securities loaned under this program shall be subject to the collateral requirements specified by the State Treasurer. The State Treasurer must receive collateral equal to at least one hundred percent (100%) of the market value of the securities loaned, consisting of securities or instruments which the State Treasurer can purchase pursuant to Section 89.2 of this title. Nothing herein shall be deemed to prohibit the implementation of securities lending programs by the state retirement systems which are designed and managed by the boards of trustees of such systems.&nbsp;</span></p> <p><span class="cls0">B. There is hereby created in the State Treasury a revolving fund for the Office of the State Treasurer, to be designated the "Securities Lending and Custodial Fee Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of any monies transferred thereto by act of the Legislature and any monies which may be deposited thereto by the State Treasurer's Office as provided by this section. All monies accruing to the credit of the fund are hereby appropriated and may be budgeted and expended by the Office of the State Treasurer for the purposes of paying custodial or other banking fees. Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1988, c. 280, &sect; 7, operative July 1, 1988. Amended by Laws 1996, c. 219, &sect; 4, eff. July 1, 1996; Laws 1998, c. 85, &sect; 11, eff. July 1, 1998; Laws 2002, c. 95, &sect; 2, eff. July 1, 2002; Laws 2012, c. 304, &sect; 441.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-90.1. Short title.&nbsp;</span></p> <p><span class="cls0">This act shall be known and may be cited as the &ldquo;Rural Economic Development Loan Act&rdquo;.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2002, c. 486, &sect; 1, eff. Jan. 1, 2003.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;62-90.2. Definitions.&nbsp;</span></p> <p><span class="cls0">As used in the Rural Economic Development Loan Act:&nbsp;</span></p> <p><span class="cls0">1. "Department" means the Oklahoma Department of Agriculture, Food, and Forestry;&nbsp;</span></p> <p><span class="cls0">2. "Financial institution" means any office or branch of a bank, savings bank, savings association, building and loan association, savings and loan association, credit union or nonprofit lender exempt from taxation pursuant to the provisions of Section 501(c)(3) of the Internal Revenue Code of the United States located in the State of Oklahoma;&nbsp;</span></p> <p><span class="cls0">3. "Participating financial institution" means a financial institution which pledges at least Three Million Dollars ($3,000,000.00) but not to exceed Ten Million Dollars ($10,000,000.00) to the Rural Economic Development Loan Revolving Fund;&nbsp;</span></p> <p><span class="cls0">4. "Qualified economic development project" means:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;the development, construction, restoration, or replacement of a physical facility located or to be located in a rural area of this state, which has been initiated by a participating financial institution which has been certified by the Department, and&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;the commencement or expansion of economic activities that result in or that will, within three (3) years of the commencement of such activities, result in the employment of five (5) or more full-time-equivalent employees at a location in a rural area of this state in positions that did not exist prior to the commencement of such activities and which has been certified by the Department; and&nbsp;</span></p> <p><span class="cls0">5. "Rural area" means an area designated as such by the Office of Rural Development of the United States Department of Agriculture.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2002, c. 486, &sect; 2, eff. Jan. 1, 2003. Amended by Laws 2003, c. 87, &sect; 1, emerg. eff. April 15, 2003; Laws 2013, c. 118, &sect; 19, eff. Nov. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-90.3. Rural Economic Development Loan Program.&nbsp;</span></p> <p><span class="cls0">There is hereby created the Rural Economic Development Loan Program. The Oklahoma Department of Agriculture, Food, and Forestry shall administer the Program, under which reduced rate loans may be made by participating financial institutions to finance qualified economic development projects from the Rural Economic Development Loan Revolving Fund created in Section 90.8 of this title. The Department shall promulgate rules and take such other actions as may be necessary to implement the Program and monitor compliance of participating financial institutions and loan applicants and recipients.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2002, c. 486, &sect; 3, eff. Jan. 1, 2003. Amended by Laws 2003, c. 87, &sect; 2, emerg. eff. April 15, 2003; Laws 2013, c. 118, &sect; 20, eff. Nov. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-90.4. Repealed by Laws 2013, c. 118, &sect; 27, eff. Nov. 1, 2013.&nbsp;</span></p> <p><span class="cls0">&sect;62-90.5. Conditions for making loans - Review of applications - Certification of good standing.&nbsp;</span></p> <p><span class="cls0">A. A participating financial institution that desires to make a rural economic development loan shall accept and review applications for loans in connection with qualified economic development projects. A package of more than one rural economic development loan may be developed by a development company certified by the U.S. Small Business Administration or a political subdivision of this state or an agency thereof, and such entity may submit an application for one or more loans. The financial institution shall apply all usual lending standards and shall exercise due diligence to determine the creditworthiness of each applicant and to determine if the loan should be granted. Loans made under the Rural Economic Development Loan Act shall conform to the following conditions:&nbsp;</span></p> <p><span class="cls0">1. The maximum amount of loans under the Rural Economic Development Loan Act in connection with a particular qualified economic development project shall be determined by need in the rural area in which the project is located and the number of jobs created. The Oklahoma Department of Agriculture, Food, and Forestry shall have final decision-making authority as to the maximum amount of each loan;&nbsp;</span></p> <p><span class="cls0">2. The applicant shall certify on the loan application that the loan will be used exclusively in connection with the qualified economic development project in accordance with the purpose of the Rural Economic Development Loan Act;&nbsp;</span></p> <p><span class="cls0">3. No loan shall be approved for any otherwise eligible recipient when fifty percent (50%) or more of the interest in or control of such otherwise eligible recipient is owned directly or indirectly by a person who owns directly or indirectly fifty percent (50%) or more of or controls another participating recipient;&nbsp;</span></p> <p><span class="cls0">4. No loan shall be made to any officer or director of the financial institution making the loan or to any entity in which any such officer or director maintains a controlling interest;&nbsp;</span></p> <p><span class="cls0">5. No loan shall be made to any employee of the Oklahoma Department of Agriculture, Food, and Forestry or to any entity in which any employee maintains a controlling interest;&nbsp;</span></p> <p><span class="cls0">6. Whoever knowingly makes a false statement concerning a rural economic development loan application shall be prohibited from participating in the Rural Economic Development Loan Program; and&nbsp;</span></p> <p><span class="cls0">7. Rural economic development loans may be renewed if the amount of principal has been reduced by a minimum of five percent (5%) per year and all interest has been paid from the time of the original loan.&nbsp;</span></p> <p><span class="cls0">B. The participating financial institution shall forward to the State Treasurer a rural economic development loan application in the form and manner prescribed and approved by the Department. The application shall include information regarding the amount of the loan requested by each applicant, the number of jobs to be created, and such other information the Department requires.&nbsp;</span></p> <p><span class="cls0">C. Upon receipt of a completed rural economic development loan application, the Department shall forward the loan application to the Oklahoma Tax Commission and the Oklahoma Employment Security Commission. The Department shall review the loan package to determine if the loan requested meets the requirements set forth under the Rural Economic Development Loan Act. Within ten (10) days of receipt of the loan package, the Tax Commission and the Oklahoma Employment Security Commission shall determine and certify whether or not the applicant is in good standing. The Department shall make a recommendation concerning the application to the State Board of Agriculture, after receipt of the responses from the Tax Commission and the Oklahoma Employment Security Commission. No applicant shall be approved without certification of good standing with the Tax Commission and Oklahoma Employment Security Commission. Rejected applications may be resubmitted after reasons for rejection have been addressed.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2002, c. 486, &sect; 5, eff. Jan. 1, 2003. Amended by Laws 2003, c. 87, &sect; 4, emerg. eff. April 15, 2003; Laws 2013, c. 118, &sect; 21, eff. Nov. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-90.6. Funding of loans - Percentage rate - Administrative costs - Certification of compliance - Forwarding of payments - State liability.&nbsp;</span></p> <p><span class="cls0">A. Loans made pursuant to applications approved by the Oklahoma Department of Agriculture, Food, and Forestry shall be subject to the availability of funds pledged to the Rural Economic Development Loan Revolving Fund, and if a loan is not funded for such reason, it shall be funded in the order of the priority given each loan application by the Department.&nbsp;</span></p> <p><span class="cls0">B. Upon acceptance of the loan or any portion thereof, the Department shall notify the participating financial institution and the applicant. The participating financial institution shall fund the loan to the approved applicant to the extent of its unencumbered pledge to the Rural Economic Development Loan Revolving Fund, not to exceed the amount of the loan accepted. If the amount of the participating financial institution's unencumbered pledge is less than the amount of the loan as accepted, the Department shall notify all other participating financial institutions with an unencumbered pledge to the fund and shall require each such institution to transfer an amount to the Rural Economic Development Loan Revolving Fund. Such amount shall be equal to the amount of the remainder of the loan multiplied by the percentage of the institution's unencumbered pledge of all unencumbered pledges. The Department shall transfer such amounts to the participating financial institution making the loan.&nbsp;</span></p> <p><span class="cls0">C. The percentage rate of the loan shall be reduced compared to the rate imposed with respect to other loans made by the financial institution to similar recipients for similar purposes in an amount determined by the financial institution making the loan.&nbsp;</span></p> <p><span class="cls0">D. The Department may retain in the Rural Economic Development Loan Fund an amount not to exceed two percent (2%) of the total amount of a loan. Amounts retained pursuant to the provisions of this subsection may be expended by the Department for costs associated with administration of this act and may be paid by the State Treasurer to a development company certified by the U.S. Small Business Administration or a political subdivision of this state or agency thereof for costs associated with developing a loan package if all loans in the package are approved pursuant to the provisions of this act.&nbsp;</span></p> <p><span class="cls0">E. A certification of compliance with this section in the form and manner as prescribed by the Department shall be required of the participating financial institution.&nbsp;</span></p> <p><span class="cls0">F. The participating financial institution making the loan shall, within three (3) business days of receipt, forward all payments received for repayment of the loan to the Department for immediate deposit to the Rural Economic Development Loan Revolving Fund, until the amount deposited is equal to the amount transferred by other participating financial institutions in connection with the loan together with interest at the rate applied to the loan. The Department shall forward such payments to such other participating financial institutions in proportion to the amounts transferred in connection with the loan. Remaining payments received for repayment of the loan shall be retained by the participating financial institution making the loan.&nbsp;</span></p> <p><span class="cls0">G. Neither the State of Oklahoma nor the Department shall be liable to any participating financial institution in any manner for payment of the principal or interest on a rural economic development loan.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2002, c. 486, &sect; 6, eff. Jan. 1, 2003. Amended by Laws 2003, c. 87, &sect; 5, emerg. eff. April 15, 2003; Laws 2013, c. 118, &sect; 22, eff. Nov. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-90.7. Rules and forms.&nbsp;</span></p> <p><span class="cls0">The Department, in consultation with the State Banking Commissioner, shall promulgate rules and prescribe forms to implement the provisions of the Rural Economic Development Loan Act, which shall include, but not be limited to, those necessary to effect contractual arrangements between participating financial institutions pursuant to the making and collection of loans pursuant to the provisions of subsection B of Section 90.6 of this title.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2002, c. 486, &sect; 7, eff. Jan. 1, 2003. Amended by Laws 2003, c. 87, &sect; 6, emerg. eff. April 15, 2003; Laws 2013, c. 118, &sect; 23, eff. Nov. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-90.8. Rural Economic Development Loan Revolving Fund.&nbsp;</span></p> <p><span class="cls0">There is hereby created in the State Treasury a revolving fund for the Oklahoma Department of Agriculture, Food, and Forestry to be designated the "Rural Economic Development Loan Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies received by the Department as provided in the Rural Economic Development Loan Act. All monies accruing to the credit of the fund are hereby appropriated and may be budgeted and expended by the Department for the purpose of implementing the Rural Economic Development Loan Act. Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2002, c. 486, &sect; 8, eff. Jan. 1, 2003. Amended by Laws 2003, c. 87, &sect; 7, emerg. eff. April 15, 2003; Laws 2012, c. 304, &sect; 442; Laws 2013, c. 118, &sect; 24, eff. Nov. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-90.9. Employment created not to be counted in determination of gross payroll.&nbsp;</span></p> <p><span class="cls0">No employment created pursuant to the provisions of this act shall be counted in a determination of &ldquo;gross payroll&rdquo; pursuant to the Oklahoma Quality Jobs Program Act, the Saving Quality Jobs Act, the Former Military Facilities Development Act or the Small Employer Quality Jobs Incentive Act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2002, c. 486, &sect; 9, eff. Jan. 1, 2003.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;62-91.1. Short title.&nbsp;</span></p> <p><span class="cls0">Sections 1 through 9 of this act shall be known and may be cited as the "Oklahoma Rural and Affordable Housing Linked Deposit Act".&nbsp;</span></p> <p><span class="cls0">Added by Laws 2002, c. 287, &sect; 1, eff. July 1, 2002.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;62-91.2. Purpose.&nbsp;</span></p> <p><span class="cls0">A. Oklahoma's rural areas suffer from a lack of interim financing for builder-developers of housing in rural areas, inadequate profit incentives for builder-developers, economy of scale problems which work against economics of developing projects consistent with local market needs, and lack of available interim financing from local lenders to fund land acquisition, site development, or construction of housing in rural areas.&nbsp;</span></p> <p><span class="cls0">B. It is the purpose of the Oklahoma Rural and Affordable Housing Linked Deposit Act to provide funding for eligible rural housing developers to build affordable housing in rural Oklahoma. It is the specific intent of the Legislature that any funding provided to eligible rural housing developers for the purpose of building affordable rural housing shall assist in the development of Oklahoma's rural areas in order to broaden Oklahoma's economic base.&nbsp;</span></p> <p><span class="cls0">C. The Oklahoma Rural and Affordable Housing Linked Deposit Act will meet rural housing needs by creating a revolving capacity of no more than Twenty-five Million Dollars ($25,000,000.00) to enable eligible rural housing developers to finance land acquisition, site development, rehabilitation, and construction of single-family or multifamily housing units in rural areas. For purposes of determining whether this twenty-five-million-dollar maximum is met, the State Treasurer shall consider amounts approved for link deposit participation, whether or not a borrower has actually used the entire amount approved.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2002, c. 287, &sect; 2, eff. July 1, 2002. Amended by Laws 2003, c. 224, &sect; 14, eff. July 1, 2003.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;62-91.3. Definitions.&nbsp;</span></p> <p><span class="cls0">As used in the Oklahoma Rural and Affordable Housing Linked Deposit Act:&nbsp;</span></p> <p><span class="cls0">1. "Eligible rural housing developer" means any individual, partnership, domestic limited liability company, or domestic corporation within the State of Oklahoma which is engaged in the construction, building or development of rural housing, as certified by a state agency or instrumentality selected by the State Treasurer to perform a certification process. The certification shall be designed to select developers who will meet new construction needs in designated, underserved rural target markets;&nbsp;</span></p> <p><span class="cls0">2. "Eligible lending institution" means a financial institution that agrees to participate in the Oklahoma Rural and Affordable Housing Linked Deposit Program, and:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;is eligible to make commercial loans, and&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;is a public depository of state funds, or&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;is an institution of the farm credit system organized under the federal Farm Credit Act of 1971, 12 U.S.C., Section 2001, as amended;&nbsp;</span></p> <p><span class="cls0">3. "Rural housing" means any single-family or multifamily dwelling to be constructed or rehabilitated in rural areas of Oklahoma;&nbsp;</span></p> <p><span class="cls0">4. &ldquo;Rural areas" means areas of the state outside of high population centers and already well-developed metropolitan areas, which are not adequately served by existing home builders and developers in meeting supply needs for adequate rural housing. The certifying agency shall be responsible to adopt guidelines to identify the specific rural areas which are not adequately served in meeting supply needs for adequate housing; provided, for purposes of this act, a "rural area" shall include a specific geographic area which meets the definition of an "opportunity zone" as the term is defined in paragraph 2 of subsection G of Section 3604 of Title 68 of the Oklahoma Statutes;&nbsp;</span></p> <p><span class="cls0">5. "Rural housing linked deposit" means a certificate of deposit placed by the State Treasurer with an eligible lending institution or an investment in bonds, notes, debentures, or other obligations or securities issued by the federal farm credit bank with regard to an eligible lending institution for the purpose of carrying out the intent of this act;&nbsp;</span></p> <p><span class="cls0">6. "Rural housing linked deposit loan package" means the forms provided by the State Treasurer for the purpose of applying for a rural housing linked deposit; and&nbsp;</span></p> <p><span class="cls0">7. "Certifying agency" means the state agency or instrumentality selected by the State Treasurer to perform the certification process for rural housing developers, to develop guidelines required by this act, and to review individual rural housing linked deposit loan packages.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2002, c. 287, &sect; 3, eff. July 1, 2002. Amended by Laws 2003, c. 224, &sect; 15, eff. July 1, 2003.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;62-91.4. Dissemination of information about program.&nbsp;</span></p> <p><span class="cls0">The State Treasurer is hereby authorized to disseminate information about the Oklahoma Rural and Affordable Housing Linked Deposit Program to builders, developers and financial institutions in this state.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2002, c. 287, &sect; 4, eff. July 1, 2002.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;62-91.5. Administrator and certifying agency &ndash; Powers and duties.&nbsp;</span></p> <p><span class="cls0">A. The State Treasurer is hereby authorized to administer the Oklahoma Rural and Affordable Housing Linked Deposit Program. The State Treasurer and the certifying agency shall be exempt from Articles I and II of the Administrative Procedures Act when taking actions pursuant to this act. The State Treasurer and the certifying agency are authorized to issue guidelines in a manner similar to the Administrative Procedures Act, Section 250.1 et seq. of Title 75 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">B. The certifying agency will develop guidelines which, after review and approval by the State Treasurer, will address maximum possible participation amounts per each unit of single-family or multifamily housing for land acquisition, site development, and construction, as well as eligibility requirements as to sale or rental price limitations and type of housing.&nbsp;</span></p> <p><span class="cls0">C. The State Treasurer shall submit an annual report outlining the status of the Oklahoma Rural and Affordable Housing Linked Deposit Program to the Governor, the Lieutenant Governor, the President Pro Tempore of the Senate, and the Speaker of the House of Representatives.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2002, c. 287, &sect; 5, eff. July 1, 2002.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;62-91.6. Loan packages - Review of applications by lending institutions - Loan restrictions - Review of loan packages.&nbsp;</span></p> <p><span class="cls0">A. The State Treasurer shall provide rural housing linked deposit loan packages upon request to the lending institutions eligible for participation in the Oklahoma Rural and Affordable Housing Linked Deposit Program.&nbsp;</span></p> <p><span class="cls0">B. The rural housing linked deposit loan package shall be completed by the developer before being forwarded to the lending institution for consideration.&nbsp;</span></p> <p><span class="cls0">C. 1. An eligible lending institution that desires to receive a rural housing linked deposit shall accept and review applications for loans from eligible rural housing developers. The lending institution shall apply all usual lending standards to determine the creditworthiness of each eligible developer. No single linked deposit for an Oklahoma rural housing linked deposit loan shall exceed Two Million Dollars ($2,000,000.00).&nbsp;</span></p> <p><span class="cls0">2. Only one linked deposit loan shall be made and be outstanding at any one time to any developer. However, the linked deposit loan may be renewed subject to the time limitations for participation set forth in subsection C of Section 91.7 of this title.&nbsp;</span></p> <p><span class="cls0">3. No loan shall be made to any officer or director of the lending institution making the loan.&nbsp;</span></p> <p><span class="cls0">4. No loan shall be made to any employee of the State Treasurer&rsquo;s office or to any officer, director or employee of the certifying agency, or to any entity in which such officer, director or employee maintains a controlling interest, or to an immediate family member of the employees, officers, or directors of the State Treasurer or the certifying agency.&nbsp;</span></p> <p><span class="cls0">5. No loan shall be made prior to July 1, 2004, and no deposit of funds shall be made in connection with a rural housing linked deposit loan prior to July 1, 2004.&nbsp;</span></p> <p><span class="cls0">D. An eligible rural housing developer shall certify on its loan application that the reduced rate loan will be used exclusively for the purposes outlined in Section 91.2 of this title.&nbsp;</span></p> <p><span class="cls0">E. In considering which eligible rural housing developers to include in the rural housing linked deposit loan package for reduced rate loans, the eligible lending institution shall give priority to the economic needs of the area in which the development to be financed is located and other factors the eligible lending institution considers appropriate to determine the relative financial need of the developer.&nbsp;</span></p> <p><span class="cls0">F. 1. The eligible lending institution shall forward to the certifying agency a rural housing linked deposit loan package, in the form and manner prescribed and approved by the State Treasurer. The package shall include information regarding the amount of the loan requested by each eligible developer and any other information regarding each development the State Treasurer requires. The institution shall, for each development, certify the present borrowing rate applicable to similar borrowers for similar projects, as well as the rate that would be charged to the applicant but for participation in the linked deposit program.&nbsp;</span></p> <p><span class="cls0">2. The institution and applicant shall certify that each applicant is an eligible rural housing developer.&nbsp;</span></p> <p><span class="cls0">3. Whoever knowingly makes a false statement concerning a linked deposit loan application shall be prohibited from participating in the linked deposit loan program.&nbsp;</span></p> <p><span class="cls0">G. The certifying agency shall examine the completed rural housing linked deposit loan package for possible certification. The certifying agency may charge an applicant a reasonable filing fee. A uniform fee may be established to cover its administrative costs of review. Any filing fee must be approved by the State Treasurer. The certifying agency shall review the linked deposit loan package to determine if the package satisfies the requirements of this act and guidelines adopted pursuant to this act. The certifying agency shall make a recommendation concerning the package within thirty (30) business days. The certifying agency shall forward the package to the State Treasurer with a written recommendation of approval or rejection. If the certifying agency recommends rejection, the written recommendation shall include reasons for the rejection. The certifying agency shall forward a copy of its rejection notice to the lending institution and the borrower. The State Treasurer shall keep a chronological list of applications forwarded by the certifying agency for approval or rejection. Upon receipt of a completed rural housing linked deposit loan package, the State Treasurer may review or audit the information contained in the completed rural housing linked deposit loan package.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2002, c. 287, &sect; 6, eff. July 1, 2002. Amended by Laws 2003, c. 224, &sect; 16, eff. July 1, 2003; Laws 2005, c. 124, &sect; 6, eff. Nov. 1, 2005.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;62-91.7. Acceptance or rejection of loan package &ndash; Rural housing linked deposit agreements.&nbsp;</span></p> <p><span class="cls0">A. The State Treasurer may accept or reject a rural housing linked deposit loan package or any portion thereof, which has been recommended for approval by the certifying agency based on the State Treasurer's evaluation of the eligible rural housing developer included in the package, and the amount of the package. If the State Treasurer rejects the application, the written notice of rejection shall include reasons for said rejection in a report to the certifying agency. The Treasurer shall also forward a copy of the rejection notice to the lending institution and the borrower. The borrower may be allowed to bring the application into compliance with the State Treasurer's requirements and resubmit the application. If the State Treasurer rejects the application because sufficient funds are not available for a linked deposit, then the completed application may be considered in the order received when funds are once again available subject to a review by the certifying agency and the lending institution. In evaluating the eligible rural housing developers, the State Treasurer shall consider the recommendation of the certifying agency and the economic needs of the area where the business is located.&nbsp;</span></p> <p><span class="cls0">B. Upon acceptance of the rural housing linked deposit loan package or any portion thereof, the State Treasurer shall notify the certifying agency, the lending institution, and the borrower. Upon acceptance, the State Treasurer may place certificates of deposit with the eligible lending institution at a rate no more than three percent (3%) below current market rates, or may invest in bonds, notes, debentures, or other obligations or securities issued by the federal farm credit bank with respect to the eligible lending institution at a rate no more than three percent (3%) below current market rates. When necessary, the State Treasurer may place certificates of deposit or may invest in such obligations or securities prior to acceptance of a rural housing linked deposit loan package.&nbsp;</span></p> <p><span class="cls0">C. The eligible lending institution shall enter into a rural housing linked deposit agreement with the State Treasurer, which shall include requirements necessary to implement the purposes of the Oklahoma Rural and Affordable Housing Linked Deposit Program. Such requirements shall include an agreement by the eligible lending institution to lend an amount equal to the rural housing linked deposit to eligible rural housing developers at an interest rate that reflects a percentage-rate reduction below the present borrowing rate applicable to each specific rural housing developer in the accepted loan package that is equal to the percentage-rate reduction below market rates at which the certificates of deposit that constitute the rural housing linked deposit were placed or at which the investments in bonds, notes, debentures or other obligations or securities that constitute the rural housing linked deposit were made. Such requirements shall also reflect the market conditions prevailing in the eligible lending institution's lending area. The agreement shall also include a specification of the period of time in which the lending institution is to lend funds upon the placement of a linked deposit, and shall include provisions for the certificates of deposit to be placed or the investment in bonds, notes, debentures, obligations, or securities to be made for any maturity considered appropriate by the State Treasurer not to exceed two (2) years and may be renewed once for up to an additional year, at the option of the State Treasurer. Interest shall be paid at the times determined by the State Treasurer.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2002, c. 287, &sect; 7, eff. July 1, 2002.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;62-91.8. Funding of loans &ndash; Reduced interest rate.&nbsp;</span></p> <p><span class="cls0">A. Upon the placement of a rural housing linked deposit with an eligible lending institution, the institution shall fund the loan to each approved eligible rural housing developer listed in the rural housing linked deposit loan package in accordance with the rural housing linked deposit agreement between the institution and the State Treasurer. The loan shall be at a rate that reflects a percentage-rate reduction below the present borrowing rate applicable to each developer that is equal to the percentage-rate reduction below market rates at which the certificate of deposits that constitute the rural housing linked deposit were placed or at which the investments in bonds, notes, debentures, or other obligations or securities that constitute the rural housing linked deposit were made. A certification of compliance with this section in the form and manner as prescribed by the State Treasurer shall be required of the eligible lending institution.&nbsp;</span></p> <p><span class="cls0">B. The State Treasurer shall take any and all steps necessary to implement the Oklahoma Rural and Affordable Housing Linked Deposit Program and monitor compliance of eligible lending institutions and eligible rural housing developers, including the development of guidelines as necessary.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2002, c. 287, &sect; 8, eff. July 1, 2002.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;62-91.9. Liability of state and certifying agency for loan payments.&nbsp;</span></p> <p><span class="cls0">The state, the State Treasurer, and the certifying agency shall not be liable to any eligible lending institution in any manner for payment of the principal or interest on the loan to an eligible rural housing developer. Any delay in payments or default on the part of an eligible rural housing developer does not in any manner affect the rural housing linked deposit agreement between the eligible lending institution and the State Treasurer.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2002, c. 287, &sect; 9, eff. July 1, 2002.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;62111. Registered bonds issued on surrender of coupon bonds.&nbsp;</span></p> <p><span class="cls0">Upon application of the holders of any coupon bonds heretofore issued or hereafter to be issued by the State of Oklahoma, the right to exchange which is not expressed on the face of such bonds, and upon the surrender of such bonds at the office of the State Treasurer, he, the State Treasurer or an appointed agent as provided in the Registered Public Obligations Act of Oklahoma, is hereby authorized to issue to and in the name of such holders, registered bonds of the State of Oklahoma of like tenor, maturity and amount in one or more certificates of the denomination of One Thousand Dollars ($1,000.00), or any multiple thereof, equal to the face value of the coupon bonds surrendered, and the coupon bonds so surrendered, and the coupons attached thereto, shall be canceled by the State Treasurer immediately upon being surrendered to him. Sections 111 through 117 of this title shall be construed in light of the provisions of the Registered Public Obligations Act of Oklahoma and nothing in Sections 111 through 117 of this title shall be construed to prohibit options available under the Registered Public Obligations Act of Oklahoma.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Amended by Laws 1983, c. 170, &sect; 40, eff. July 1, 1983. &nbsp;</span></p> <p><span class="cls0">&sect;62112. Forms, terms and conditions of bonds issued.&nbsp;</span></p> <p><span class="cls0">The State Treasurer shall have prepared registered bonds in blank form similar in tenor to the respective issues of coupon bonds of the State of Oklahoma, and upon the surrender of any coupon bonds of said state shall insert in such blanks the names of the registered owner, the amount of the bond, the date of maturity, the numbers and such other matter as may be necessary to complete the same to correspond in other respects to the coupon bonds surrendered; provided, that no registered bond or bonds shall exceed in face value the par or face value of the coupon bonds surrendered in exchange therefor, and provided also that said registered bonds shall have printed on the face thereof a clause substantially in the following form:&nbsp;</span></p> <p><span class="cls0">"This registered bond is issued in substitution for and in lieu of coupon bonds of the State of Oklahoma, dated _____, 19__, Series ______ Nos. _____, to ______ inclusive, which have been surrendered and canceled simultaneously with the execution and issuance of this registered bond. This registered bond may be transferred by executing the transfer or assignment on the reverse side hereof and by presentation to the State Treasurer or appointed agent as provided in the Registered Public Obligations Act of Oklahoma, who shall register said bond in the name of the transferee."&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Amended by Laws 1983, c. 170, &sect; 41, eff. July 1, 1983. &nbsp;</span></p> <p><span class="cls0">&sect;62113. Transfer How made.&nbsp;</span></p> <p><span class="cls0">Upon the application of the holders of registered bonds of the State of Oklahoma issued pursuant to the provisions of this act, and upon presentation of such bonds at the office of the State Treasurer, he, the State Treasurer, is hereby authorized to transfer the same on the books of the state to such persons or corporations as may be designated in the application. The transfer of said bonds shall be written or printed on the back of the bonds and shall be acknowledged before a notary public or other officer authorized under the laws of this state to take acknowledgments to deeds or transfers of real estate, or the signatures of the registered holders of the bonds shall be attested by the fiscal agent of the State of Oklahoma, in the City of New York. Application for transfers must be filed in the office of the State Treasurer at least fifteen (15) days before the date of payment of the semiannual interest next due on the bonds. Nothing in this act shall prohibit the use of registrars, agents, central depositories or financial intermediaries as provided in the Registered Public Obligations Act of Oklahoma.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Amended by Laws 1983, c. 170, &sect; 42, eff. July 1, 1983. &nbsp;</span></p> <p><span class="cls0">&sect;62114. Register of bonds Interest.&nbsp;</span></p> <p><span class="cls0">The State Treasurer or appointed agent shall provide and keep a register of all registered bonds issued under this act and shall enter therein the names of the registered holders thereof, and he shall at each interest date, issue a warrant remitted to the address and payable to the order of the registered owner of such bond the amount due, and upon maturity of the bond the amount of principal upon the surrender of the bond at the office of the State Treasurer or appointed agent of the State ofOklahoma.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Amended by Laws 1983, c. 170, &sect; 43, eff. July 1, 1983. &nbsp;</span></p> <p><span class="cls0">&sect;62115. Issuance of bonds Attorney General's duties.&nbsp;</span></p> <p><span class="cls0">All registered bonds issued under this act shall be signed by the Governor under the great seal of this state, and attested by the Secretary of State and the State Treasurer. Facsimile signatures and seals may be used as provided in the Registered Public Obligations Act of Oklahoma. The bonds shall have endorsed thereon a certificate signed by the State Auditor and Inspector and Attorney General of the state, showing that such bond is issued pursuant to law and is within the debt limit. It shall also be the duty of the Attorney General as ex officio bond commissioner of the State of Oklahoma to examine into and pass upon any registered bonds so issued, and such registered bonds, when declared by the certificate of said bond commissioner to be issued in accordance with the forms of procedure provided by him, shall be incontestable in any court in the State of Oklahoma.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Amended by Laws 1983, c. 170, &sect; 44, eff. July 1, 1983. &nbsp;</span></p> <p><span class="cls0">&sect;62116. Rights of holders.&nbsp;</span></p> <p><span class="cls0">The holders of all registered bonds issued pursuant to this act upon the surrender of and exchange for coupon bonds of this state shall be entitled to the benefit of any adjudication or determination of any court of this state authorizing the issuance of the coupon bonds surrendered in exchange therefor, or determining the validity of the indebtedness evidenced thereby, and the payment of the principal and interest of all registered bonds issued pursuant hereto shall be made and provided for out of the taxes provided or levied for the purpose of paying the coupon bonds which are surrendered in exchange for such registered bonds. The holders of any registered bond issued pursuant hereto shall be subrogated to and entitled to all the rights and remedies of the holders of the coupon bonds surrendered in exchange for such registered bonds.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1915, c. 209, &sect; 6. &nbsp;</span></p> <p><span class="cls0">&sect;62117. Fee for transfer.&nbsp;</span></p> <p><span class="cls0">The State Treasurer shall be entitled to receive from the owner of the bonds transferred under this act a fee of fifty cents ($0.50) for each One Thousand Dollars ($1,000.00) face value of bonds so transferred.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1915, c. 209, &sect; 7; Laws 1979, c. 30, &sect; 28, emerg. eff. April 6, 1979. &nbsp;</span></p> <p><span class="cls0">&sect;62-120.1. Exchange, trade-in or separate sale authorized - Transfers to educational entities without compensation.&nbsp;</span></p> <p><span class="cls0">A. Each state department, institution, or agency which is empowered by law to purchase supplies and equipment, and which also is authorized by law to maintain a revolving fund and make expenditures therefrom for purchase of supplies and equipment is hereby authorized to dispose of outworn, outmoded, obsolescent, or obsolete equipment solely for the purpose of acquiring suitable equipment of comparable kind and purpose, by any of the following methods or combinations of methods:&nbsp;</span></p> <p><span class="cls0">1. By exchange;&nbsp;</span></p> <p><span class="cls0">2. By trade-in to cover part of the cost of equipment to be acquired by purchase; and&nbsp;</span></p> <p><span class="cls0">3. By separate cash sale in cases where it appears that a greater amount can be recovered than could be realized by exchange or trade-in; provided that nothing in this act shall apply to the Grand River Dam Authority.&nbsp;</span></p> <p><span class="cls0">B. The entities authorized to dispose of obsolete equipment pursuant to subsection A of this section are also authorized to dispose of obsolete or surplus equipment by transfer to a public school district or to entities within The Oklahoma State System of Higher Education without compensation.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1949, p. 419, &sect; 1. Amended by Laws 1997, c. 215, &sect; 1, eff. Nov. 1, 1997; Laws 1999, c. 61, &sect; 1, eff. Nov. 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62120.2. Deposit of cash proceeds in revolving fund.&nbsp;</span></p> <p><span class="cls0">All cash amounts received by such state department, institution or agency from the sale of outworn, outmoded, obsolescent, or obsolete equipment shall be immediately deposited in the revolving fund of the department, institution or agency, to be used for the purchase of equipment comparable in kind and purpose to that sold.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1949, p. 419, &sect; 2. &nbsp;</span></p> <p><span class="cls0">&sect;62120.3. Advertisement and bids.&nbsp;</span></p> <p><span class="cls0">In connection with every cash sale of state equipment, for the purpose stated in this act, the purchasing officer of department, institution or agency shall either publicly advertise the sale of equipment or secure at least three bids in writing, unless the estimated sale value is less than Fifty Dollars ($50.00). The record sale, including all the bids received, shall be considered a matter of public record and shall be so maintained for a period of not less than ten (10) years.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1949, p. 419, &sect; 3. &nbsp;</span></p> <p><span class="cls0">&sect;62120.4. Property accounts.&nbsp;</span></p> <p><span class="cls0">The property accounts set up, maintained and kept as provided by law, for tangible property and equipment, other than expendable supplies, shall be maintained on cost basis, representative of capital values of invested state monies, and never charged with appreciation nor credited with depreciation; but on sale or exchange and reacquisition of properties of comparable function as hereinbefore provided, the capital account thereof shall be credited with the first or capital cost of the item disposed of and charged with the gross cost of the substitute item acquired; unless and until the Legislature shall require that the depleted or depreciated value shall be charged to expense.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1949, p. 419, &sect; 4. &nbsp;</span></p> <p><span class="cls0">&sect;62-139.42. The State Emergency Fund.&nbsp;</span></p> <p><span class="cls0">There is hereby created in the State Treasury a special cash fund to be known as "The State Emergency Fund", which fund shall be composed of such money as may be transferred or appropriated thereto by the Legislature. Said fund shall be a continuing fund not subject to fiscal year limitations and shall be disbursed and expended as hereinafter provided.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1963, c. 57, &sect; 1, emerg. eff. May 13, 1963.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-139.45. Expenditures for unforeseen emergencies.&nbsp;</span></p> <p><span class="cls0">The Governor may, subject to the provisions of this act, allocate and authorize the expenditure of any or all of the money accruing to the State Emergency Fund only for the purpose of defraying expenses arising by reason of emergencies as hereinafter defined, and which were not foreseen or reasonably foreseeable by the legislature or either house thereof, but for which the legislature could have lawfully made appropriations. In no event may any monies in said fund be allocated or expended for any purpose, use, or object considered or acted upon adversely by the legislature or either house thereof. The Director of the Office of Management and Enterprise Services is hereby authorized and directed to disallow and reject any claim against an allocation made from the State Emergency Fund contrary to the provisions of this act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1963, c. 57, &sect; 4, emerg. eff. May 13, 1963. Amended by Laws 2012, c. 304, &sect; 443. &nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62139.46. Written findings.&nbsp;</span></p> <p><span class="cls0">Before any monies accrued or accruing in the State Emergency Fund may be allocated or expended, the requesting agency shall prepare and submit to the Governor written findings of fact as to the existence of an emergency not foreseen or reasonably foreseeable by the Legislature and of the necessity for the allocation and expenditure of funds; and, as to any emergency such as is provided for by Section 139.48 of this title, a copy of such written findings of fact shall be submitted to the Contingency Review Board.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Amended by Laws 1986, c. 15, &sect; 1, eff. July 1, 1986. &nbsp;</span></p> <p><span class="cls0">&sect;62-139.47. Specified emergencies - Expenditures without Board action.&nbsp;</span></p> <p><span class="cls0">A. Where the written findings of fact required by Section 139.46 of this title include one of the following emergencies, and the Governor finds that such emergency exists, and was not foreseen or reasonably foreseeable by the Legislature, the Governor may allocate and authorize the expenditure of monies from the State Emergency Fund to provide for such emergency without any action by the Contingency Review Board:&nbsp;</span></p> <p><span class="cls0">1. Destruction of or damage to public property caused by fire, hail, tornado, explosion, windstorm, flood, or other catastrophe;&nbsp;</span></p> <p><span class="cls0">2. Maintenance and operation of the National Guard when called to active state service in cases of emergency;&nbsp;</span></p> <p><span class="cls0">3. Allocation or expenditures necessary to provide matching funds for participation in any federal disaster relief program, emergency equipment purchase, or otherwise expedite receipt of disaster funds;&nbsp;</span></p> <p><span class="cls0">4. Allocations or expenditures deemed necessary to remove asbestos from public buildings or facilities;&nbsp;</span></p> <p><span class="cls0">5. Emergency response action necessary to protect the public health, safety or welfare or livestock, wild animals, birds, fish or other aquatic life from the discharge of any hazardous waste, deleterious substance or any such other waste or substance as will or is likely to be detrimental or cause injury to the public or such livestock, wild animals, birds, fish or other aquatic life;&nbsp;</span></p> <p><span class="cls0">6. Funding for funeral expenses not to exceed Seven Thousand Dollars ($7,000.00) for state employees who are killed in the line of their duty and funding for premiums for six (6) months of insurance coverage already in force for spouse and dependents who are eligible for survivor coverage of those employees pursuant to rules of the Oklahoma State and Education Employees Group Insurance Board, provided, that if funds in the State Emergency Fund are insufficient to cover these expenses, the employing agency of the employees shall pay the expenses;&nbsp;</span></p> <p><span class="cls0">7. Allocation or expenditures necessary to provide funds for disaster relief programs to political subdivisions for damage caused by fire, hail, tornado, explosion, windstorm, flood or other catastrophe for which federal disaster relief funds have been requested by the Governor and rejected by the Federal Emergency Management Agency (FEMA). Provided, that no political subdivision shall be deemed eligible for an allocation or expenditure of funds from the State Emergency Fund under this paragraph unless such area has first been deemed a disaster area by an executive declaration by the Governor of the State of Oklahoma; and&nbsp;</span></p> <p><span class="cls0">8. Allocation or expenditures necessary to provide funds for cooperative actions with the United States Army Corps of Engineers to respond to emergencies or to protect the public health, safety, or welfare.&nbsp;</span></p> <p><span class="cls0">B. Expenditures made to political subdivisions under this section shall be audited and processed by the Oklahoma Department of Emergency Management. No application for an allocation or expenditure of funds shall be made until it is certified by the political subdivision that no other monies are available to reimburse the requesting entity for expenditures made as a result of the catastrophe. No geographical area which has been declared a disaster area by the Governor may receive an allocation of funds under this section in excess of One Hundred Thousand Dollars ($100,000.00) in a calendar year.&nbsp;</span></p> <p><span class="cls0">Provided further, that the Governor shall allocate, without any action by the Contingency Review Board, monies from the State Emergency Fund to pay expenses for the Court on the Judiciary approved pursuant to Section 16.6 of Title 20 of the Oklahoma Statutes and not otherwise funded by other legislative appropriations.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1963, c. 57, &sect; 6, emerg. eff. May 13, 1963. Amended by Laws 1976, c. 226, &sect; 2, emerg. eff. June 15, 1976; Laws 1980, c. 155, &sect; 3, emerg. eff. April 1, 1980; Laws 1984, c. 296, &sect; 136, emerg. eff. June 11, 1984; Laws 1985, c. 115, &sect; 1, emerg. eff. May 31, 1985; Laws 1992, c. 403, &sect; 3, eff. Sept. 1, 1992; Laws 1994, c. 277, &sect; 17; Laws 2001, c. 326, &sect; 1, emerg. eff. June 1, 2001; Laws 2003, c. 329, &sect; 55, emerg. eff. May 29, 2003; Laws 2004, c. 309, &sect; 1, eff. July 1, 2004.&nbsp;</span></p> <p><span class="cls0">NOTE: Laws 1985, c. 51, &sect; 41 repealed by Laws 1989, c. 353, &sect; 14, emerg. eff. June 3, 1989.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;62-139.48. Other emergencies - Expenditures.&nbsp;</span></p> <p><span class="cls0">Where the written findings of fact required by Section 139.46 of this title do not include one of the specific emergencies listed in Section 139.47 of this title but do show the existence of some other emergency not foreseen or reasonably foreseeable by the Legislature, the Governor may allocate and authorize the expenditure of monies from the State Emergency Fund to provide for such emergency if, and only if:&nbsp;</span></p> <p><span class="cls0">(1) the Contingency Review Board, by a majority vote thereof, has first found that such emergency exists, and was not foreseen or reasonably foreseeable by the Legislature, and has certified such findings in writing to the Governor and the Director of the Office of Management and Enterprise Services. A copy of such findings shall be filed in the office of each of the members of said Board.&nbsp;</span></p> <p><span class="cls0">(2) the Governor, after having received the findings of the Contingency Review Board, has also found that such emergency exists, and was not foreseen or reasonably foreseeable by the Legislature.&nbsp;</span></p> <p><span class="cls0">(3) the funds so allocated and authorized are expended solely for direct assistance or relief to qualified individuals or entities, pursuant to eligibility guidelines developed by the Contingency Review Board for each emergency, or for costs associated with providing direct assistance.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1963, c. 57, &sect; 7, emerg. eff. May 13, 1963. Amended by Laws 1980, c. 155, &sect; 4, emerg. eff. April 1, 1980; Laws 1981, c. 203, &sect; 4, emerg. eff. May 22, 1981; Laws 1982, c. 359, &sect; 1, emerg. eff. June 2, 1982; Laws 2012, c. 304, &sect; 444. &nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-139.49. Approval of Governor.&nbsp;</span></p> <p><span class="cls0">No allocation shall be made from the State Emergency Fund except upon approval of the Governor in writing, and under such limitations as may be specified by the Governor, and subject to the conditions provided for by this act. The Governor's findings and certificate of approval shall be certified to the Director of the Office of Management and Enterprise Services, the Secretary of State, the State Treasurer, and the State Auditor and Inspector.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1963, c. 57, &sect; 8, emerg. eff. May 13, 1963. Amended by Laws 1979, c. 30, &sect; 96, emerg. eff. April 6, 1979; Laws 2012, c. 304, &sect; 445. &nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-155. State boards, commissions and departments - Revolving funds created.&nbsp;</span></p> <p><span class="cls0">A. There is hereby created in the State Treasury a revolving fund for each of the following state boards, commissions and departments:&nbsp;</span></p> <p><span class="cls0">1. The Board of Governors of the Licensed Architects, Landscape Architects and Registered Interior Designers of Oklahoma;&nbsp;</span></p> <p><span class="cls0">2. Oklahoma Funeral Board;&nbsp;</span></p> <p><span class="cls0">3. Board of Podiatric Medical Examiners;&nbsp;</span></p> <p><span class="cls0">4. Board of Chiropractic Examiners;&nbsp;</span></p> <p><span class="cls0">5. State Board of Registration for Foresters;&nbsp;</span></p> <p><span class="cls0">6. State Board of Medical Licensure and Supervision;&nbsp;</span></p> <p><span class="cls0">7. Oklahoma Board of Nursing;&nbsp;</span></p> <p><span class="cls0">8. State Board of Osteopathic Examiners;&nbsp;</span></p> <p><span class="cls0">9. State Board of Pharmacy;&nbsp;</span></p> <p><span class="cls0">10. State Board of Licensed Social Workers;&nbsp;</span></p> <p><span class="cls0">11. Oklahoma Motor Vehicle Commission;&nbsp;</span></p> <p><span class="cls0">12. Oklahoma Peanut Commission;&nbsp;</span></p> <p><span class="cls0">13. Oklahoma Real Estate Commission;&nbsp;</span></p> <p><span class="cls0">14. Santa Claus Commission; and&nbsp;</span></p> <p><span class="cls0">15. Wheat Utilization, Research and Market Development Commission.&nbsp;</span></p> <p><span class="cls0">B. Each revolving fund shall consist of all monies received by the boards, commissions and departments, pursuant to statutory authority, but not including appropriated funds. These revolving funds shall be continuing funds, not subject to fiscal year limitations and shall be under the control and management of the administrative authorities of the respective boards, commissions or departments.&nbsp;</span></p> <p><span class="cls0">C. Expenditures from the revolving funds shall be made pursuant to the laws of the state and the statutes relating to said boards, commissions and departments, and without legislative appropriation. Warrants for expenditures from said revolving funds shall be drawn by the State Treasurer, based on claims signed by an authorized employee or employees of the respective boards, commissions or departments and approved for payment by the Director of the Office of Management and Enterprise Services.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1973, c. 46, &sect; 1, operative July 1, 1973. Amended by Laws 1979, c. 47, &sect; 53, emerg. eff. April 9, 1979; Laws 1987, c. 118, &sect; 50, operative July 1, 1987; Laws 1992, c. 147, &sect; 10, eff. July 1, 1992; Laws 2012, c. 304, &sect; 446; Laws 2013, c. 229, &sect; 42, eff. Nov. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-156. Education Television Authority Revolving Fund.&nbsp;</span></p> <p><span class="cls0">There is hereby created in the State Treasury a revolving fund for the Oklahoma Educational Television Authority to be designated "The Educational Television Authority Revolving Fund". The fund shall consist of monies received by the Oklahoma Educational Television Authority pursuant to statutory provisions, but not including appropriated funds. The revolving fund shall be a continuing fund not subject to fiscal year limitations and shall be under the administrative direction of the Oklahoma Educational Television Authority. Expenditures from said fund shall be made pursuant to the laws of this state and the statutes relating to the said Authority, and without legislative appropriation. Warrants for expenditures from said fund shall be drawn by the State Treasurer, based on claims signed by an authorized employee or employees of the said Authority and approved for payment by the Director of the Office of Management and Enterprise Services.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1973, c. 46, &sect; 2, operative July 1, 1973. Amended by Laws 1979, c. 47, &sect; 54, emerg. eff. April 9, 1979; Laws 2012, c. 304, &sect; 447. &nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-157. Will Rogers Memorial Commission Revolving Fund.&nbsp;</span></p> <p><span class="cls0">There is hereby created in the State Treasury a revolving fund for the Will Rogers Memorial Commission to be designated "The Will Rogers Memorial Commission Revolving Fund." The fund shall consist of monies received by the Will Rogers Memorial Commission pursuant to statutory provisions, but not including appropriated funds. The revolving fund shall be a continuing fund not subject to fiscal year limitations and shall be under the administrative direction of the Will Rogers Memorial Commission. Expenditures from said fund shall be made pursuant to the laws of this state and the statutes relating to the said Commission, and without legislative appropriation. Warrants for expenditures shall be drawn by the State Treasurer, based on claims signed by an authorized employee or employees of the said Commission and approved for payment by the Director of the Office of Management and Enterprise Services.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1973, c. 46, &sect; 3, operative July 1, 1973. Amended by Laws 1979, c. 47, &sect; 55, emerg. eff. April 9, 1979; Laws 2012, c. 304, &sect; 448. &nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-157.1. Deposit of monies accruing from rule of Will Rogers Papers.&nbsp;</span></p> <p><span class="cls0">All monies which may accrue from the sale of Will Rogers Papers shall be deposited in the Revolving Fund of the Will Rogers Memorial Commission.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1974, c. 310, &sect; 5, emerg. eff. May 31, 1974.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-158. Teachers' Retirement System Revolving Fund.&nbsp;</span></p> <p><span class="cls0">There is hereby created in the State Treasury a revolving fund for the Teachers' Retirement System of Oklahoma, to be designated "The Teachers' Retirement System Revolving Fund". The fund shall consist of monies deposited to said fund by the Board of Trustees of the Teachers' Retirement System of Oklahoma, or pursuant to said Board's authorization. The revolving fund shall be a continuing fund not subject to fiscal year limitations and shall be under the administrative direction of the Board of Trustees of the Teachers' Retirement System of Oklahoma. Expenditures from said fund shall be made pursuant to general laws for expenses of administration of the Teachers' Retirement System. Warrants for expenditures shall be drawn by the State Treasurer based on claims signed by an authorized employee or employees of the Teachers' Retirement System and approved for payment by the Director of the Office of Management and Enterprise Services.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1973, c. 46, &sect; 4, operative July 1, 1973. Amended by Laws 1979, c. 47, &sect; 56, emerg. eff. April 9, 1979; Laws 2012, c. 304, &sect; 449. &nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-159. State Election Board Revolving Fund.&nbsp;</span></p> <p><span class="cls0">There is hereby created in the State Treasury a revolving fund for the Secretary of the State Election Board. Said revolving fund shall consist of all monies received by the Secretary of the State Election Board under 26 O.S. 1971, Sections 161, 165a, 391 and 392. The revolving fund shall be a continuing fund, not subject to fiscal year limitations. Expenditures from said fund shall be made pursuant to the laws of this state and the statutes relating to the Secretary of the State Election Board, and without legislative appropriation. Warrants for expenditures from said fund shall be drawn by the State Treasurer, based on claims signed by an authorized employee or employees of the State Election Board and approved for payment by the Director of the Office of Management and Enterprise Services.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1974, c. 217, &sect; 4, emerg. eff. May 15, 1974. Amended by Laws 1979, c. 47, &sect; 57, emerg. eff. April 9, 1979; Laws 2012, c. 304, &sect; 450. &nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-159.1. State Senate Revolving Fund.&nbsp;</span></p> <p><span class="cls0">There is hereby created in the State Treasury a revolving fund for the Oklahoma State Senate to be designated the "State Senate Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies received by the Oklahoma State Senate from fees, payment of services, refunds, appropriations and other receipts as authorized by law. All monies accruing to the credit of said fund are hereby appropriated and may be budgeted and expended by the Oklahoma State Senate for the duties and operations of the Senate. Expenditures from said fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1999, c. 377, &sect; 6, eff. July 1, 1999. Amended by Laws 2012, c. 304, &sect; 451.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-159.2. House of Representatives Revolving Fund.&nbsp;</span></p> <p><span class="cls0">There is hereby created in the State Treasury a revolving fund for the Oklahoma House of Representatives to be designated the "House of Representatives Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies received by the Oklahoma House of Representatives from fees, payment of services, refunds, appropriations and other receipts as authorized by law. All monies accruing to the credit of said fund are hereby appropriated and may be budgeted and expended by the Oklahoma House of Representatives for the duties and operations of the House of Representatives. Expenditures from said fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1999, c. 377, &sect; 7, eff. July 1, 1999. Amended by Laws 2012, c. 304, &sect; 452.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-160. Repealed by Laws 1991, c. 287, &sect; 13, eff. July 1, 1991.&nbsp;</span></p> <p><span class="cls0">&sect;62-160.1. Comprehensive Cancer Center Debt Service Revolving Fund.&nbsp;</span></p> <p><span class="cls0">There is hereby created in the State Treasury a revolving fund for the University of Oklahoma Health Sciences Center to be designated the "Comprehensive Cancer Center Debt Service Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies apportioned to the fund pursuant to Sections 302-5 and 402-3 of Title 68 of the Oklahoma Statutes. All monies accruing to the credit of the fund are hereby appropriated and may be budgeted and expended by the University for the purpose of construction, operations and servicing debt obligations incurred by the University to construct a nationally designated comprehensive cancer center. The cancer center constructed shall include a department known as the Janna L. Robbins Memorial Colorectal Screening and Research Department that has a primary function of conducting research and screening procedures for the treatment and detection of colorectal cancer. Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2004, c. 322, &sect; 5, eff. Dec. 1, 2004 (State Question No. 713, Legislative Referendum No. 336, adopted at election held Nov. 2, 2004). Amended by Laws 2007, c. 294, &sect; 1, eff. July 1, 2007; Laws 2012, c. 304, &sect; 453.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-160.2. Oklahoma State University College of Osteopathic Medicine Revolving Fund.&nbsp;</span></p> <p><span class="cls0">There is hereby created in the State Treasury a revolving fund for the Oklahoma State University College of Osteopathic Medicine to be designated the "Oklahoma State University College of Osteopathic Medicine Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies apportioned to the fund pursuant to Sections 302-5 and 402-3 of Title 68 of the Oklahoma Statutes. All monies accruing to the credit of the fund are hereby appropriated and may be budgeted and expended by the Oklahoma State University College of Osteopathic Medicine for the purpose of servicing debt obligations for construction of a building dedicated to telemedicine to expand telemedicine to rural areas, for the purchase of telemedicine equipment and to provide uninsured/indigent care in Tulsa County. Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2004, c. 322, &sect; 6, eff. Dec. 1, 2004 (State Question No. 713, Legislative Referendum No. 336, adopted at election held Nov. 2, 2004). Amended by Laws 2012, c. 304, &sect; 454. &nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62161. Revolving funds created.&nbsp;</span></p> <p><span class="cls0">There is hereby created a hospital revolving fund for the Medical Department of the State University and also a revolving fund for the University of Oklahoma; also a revolving fund for the Southern Oklahoma Resource Center of Pauls Valley, the Oklahoma School for the Deaf at Sulphur, the Oklahoma School for the Blind at Muskogee, the Oklahoma College of Liberal Arts at Chickasha, Griffin Memorial Hospital at Norman, Western State Psychiatric Center at Fort Supply, Eastern State Hospital at Vinita, the Northern Oklahoma Resource Center of Enid, located at Enid, Oklahoma, the Whitaker State Children's Home at Pryor, the Taft State Children's Home at Taft, Oklahoma State University at Stillwater, Langston University at Langston, for the Smith Lever Fund for the cooperation of agricultural extension work by the federal government with the state, and for the Morrill Fund to be expended and applied solely for instruction in agriculture and mechanical arts, the English language and the various branches of mathematical, physical and economical science, with special reference to these applications in the industries of life, and for any purpose for which said funds are permitted to be expended by the United States government and for the Hatch and Adams Fund for certain experiments and classes of scientific work as prescribed by the federal government and state and on sales station funds and other funds as hereinafter provided for the purpose of conducting and maintaining the dairy, livestock and farm departments for said institution, the said funds coming from the federal government to be available only for the purpose and in the manner contemplated by the Congress of the United States; a revolving fund for the Oklahoma Panhandle State University at Goodwell and for the Commissioners of the Land Office; also a revolving fund for each of the following institutions, to wit: the Northeastern State Normal at Tahlequah, the Southeastern State Normal at Durant, the East Central State Normal at Ada, the Northeastern State Normal at Alva, the Southwestern State Normal at Weatherford, and the Central State Normal at Edmond, and the School of Mines and Metallurgy at Wilburton, the University Preparatory School at Tonkawa, the Eastern University Preparatory School at Claremore, the Home for the Aged and Infirm, the Murray Agricultural School at Tishomingo, the Connor Agricultural School at Warner, the Cameron Agricultural School at Lawton, the West Oklahoma Orphan Home at Helena, each of said revolving funds shall be available for the purposes indicated and as now and hereafter authorized by law.&nbsp;</span></p> <p><span class="cls0">Laws 1917, c. 227, p. 419, &sect; 1; Laws 1992, c. 307, &sect; 10, eff. July 1, 1992; Laws 1993, c. 323, &sect; 8, emerg. eff. June 7, 1993.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;62-165. Educational and eleemosynary institutions.&nbsp;</span></p> <p><span class="cls0">The revolving funds for the Southern Oklahoma Resource Center of Pauls Valley, Oklahoma, the Oklahoma Geological Survey, the Oklahoma School for the Deaf, located at Sulphur, Oklahoma, the Oklahoma School for the Blind, located at Muskogee, Oklahoma, the University of Science and Arts of Oklahoma, located at Chickasha, Oklahoma, Griffin Memorial Hospital, located at Norman, Oklahoma, Western State Psychiatric Center, located at Fort Supply, Oklahoma, Eastern State Hospital, located at Vinita, Oklahoma, the Northern Oklahoma Resource Center of Enid, located at Enid, Oklahoma, the Whitaker State Children's Home, located at Pryor, Oklahoma, and the Taft State Children's Home, located at Taft, Oklahoma, and its auxiliaries, shall consist of all appropriations made for such purpose and as a part thereof and include all earnings or profits in the conduct and management of said institutions and carrying on the things or business by such institutions as may be authorized by law. The revolving funds for the Oklahoma School for the Deaf, located at Sulphur, Oklahoma; the Oklahoma School for the Blind, located at Muskogee, Oklahoma; and the State Department of Rehabilitation Services shall be invested in whatever instruments the State Treasurer is authorized by law to invest in. Interest earned shall be retained by the revolving funds for the Oklahoma School for the Deaf, the Oklahoma School for the Blind, and the State Department of Rehabilitation Services.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1917, c. 227, p. 422, &sect; 5. Amended by Laws 1992, c. 307, &sect; 11, eff. July 1, 1992; Laws 1993, c. 323, &sect; 9, emerg. eff. June 7, 1993; Laws 2006, c. 249, &sect; 1, eff. July 1, 2006.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;62-166d. Southern Oklahoma Resource Center of Pauls Valley - Disposition of certain bonuses and royalties.&nbsp;</span></p> <p><span class="cls0">All royalty monies received upon behalf of this state, any and all bonus monies received upon behalf of this state, and any and all delay rentals received upon behalf of this state, in connection with or pursuant to the provisions of any oil and gas lease covering any of the lands occupied by, or assigned to the use of, the Southern Oklahoma Resource Center of Pauls Valley, entered into by the Office of Management and Enterprise Services, shall be deposited in the revolving fund of the Southern Oklahoma Resource Center of Pauls Valley and shall be expended by said institution in the same manner that other treasury funds of said institution are expended.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1959, H.J.R. No. 526, p. 496, &sect; 1. Amended by Laws 1983, c. 304, &sect; 60, eff. July 1, 1983; Laws 1992, c. 307, &sect; 12, eff. July 1, 1992; Laws 2012, c. 304, &sect; 455.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62173. Appropriations not part of revolving fund unless so provided.&nbsp;</span></p> <p><span class="cls0">No appropriation by the Legislature for the use of any state institution shall go into or become a part of any revolving fund unless specifically so provided in the act making such appropriation.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1917, c. 227, p. 426, &sect; 12. &nbsp;</span></p> <p><span class="cls0">&sect;62-177. Repealed by Laws 1998, c. 246, &sect; 40, eff. Nov. 1, 1998.&nbsp;</span></p> <p><span class="cls0">&sect;62-178. Composition of fund - Appropriations and incomes.&nbsp;</span></p> <p><span class="cls0">The said fund shall consist of all appropriations made for such purpose and shall include all net earnings or profits derived from all business enterprises, occupations, factories, shops, manufacturing, farming, dairying, livestock, and poultry raising, or any other business enterprise or undertaking that may be conducted and carried on by said institution by and through its administrative officers subject to the supervision and authority of the Office of Management and Enterprise Services as an ex officio board of control or their successors or such supervising or managing officers as may be provided for by law. The fund shall be kept in such a way as to show from what particular source, business, or enterprise such fund was derived, and each particular source, business, or enterprise being credited with its proper part of said fund.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1929, c. 74, p. 90, &sect; 2, emerg. eff. April 5, 1929. Amended by Laws 1983, c. 304, &sect; 61, eff. July 1, 1983; Laws 2012, c. 304, &sect; 456. &nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-179. Use of fund - Consent of Governor.&nbsp;</span></p> <p><span class="cls0">The said fund shall be available for the purchase of materials, equipment, buildings and appurtenances, and may be expended for all other purposes which may be proper and necessary in the conduct of all or any of the business enterprises, occupations and undertakings set out in the preceding section of this Act, or that may be now or hereafter authorized by law; Provided, that with the consent of the Governor given in writing, the said fund may be used for any legal and proper purpose, in case of actual emergency.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1929, c. 74, p. 90, &sect; 3, emerg. eff. April 5, 1929.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-180. Repealed by Laws 1999, c. 146, &sect; 2, eff. Nov. 1, 1999.&nbsp;</span></p> <p><span class="cls0">&sect;62181. Composition of fund.&nbsp;</span></p> <p><span class="cls0">The said revolving fund shall consist of all appropriations made for such purpose, and shall include all proceeds from the sale of livestock and all products produced therefrom, the proceeds from the sale of all farm and institutional commodities, and earnings derived from the services of the girls of the institution rendered in connection with the serving of meals to civic clubs, women's clubs, churches, or other like organizations, and proceeds from the sale of articles and products made by the girls of said institution.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">Laws 1941, p. 266, &sect; 2. &nbsp;</span></p> <p><span class="cls0">&sect;62182. Appropriation to be placed in fund.&nbsp;</span></p> <p><span class="cls0">The sum of One Thousand Five Hundred Dollars ($1,500.00) is hereby appropriated out of any funds in the State Treasury, not otherwise appropriated, to be placed in the revolving fund of said institution for the purpose of carrying out the provisions of this act.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1941, p. 266, &sect; 3. &nbsp;</span></p> <p><span class="cls0">&sect;62183. Purposes for which fund expended.&nbsp;</span></p> <p><span class="cls0">The monies in said revolving fund may be expended for the following purposes:&nbsp;</span></p> <p><span class="cls0">(a) For the purchase of livestock to replace livestock sold or used in connection with said institution and the keeping up and maintaining its dairy herd;&nbsp;</span></p> <p><span class="cls0">(b) For the purchase of material, appliances and equipment used in such business enterprises, occupations, factories, or shops, and other business carried on at such institutions;&nbsp;</span></p> <p><span class="cls0">(c) For the purchase of food, cooking utensils and miscellaneous articles used in connection with the serving of meals; (d) For the purchase of materials and parts necessary in repairing and maintaining the machinery and equipment for the industries of said institution, and for the payment of labor incidental thereto;&nbsp;</span></p> <p><span class="cls0">(e) For the purchase of supplies, books, or any other articles necessary in carrying on the training program of said school.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1941, p. 266, &sect; 4; Laws 1943, p. 138, &sect; 1. &nbsp;</span></p> <p><span class="cls0">&sect;62186. School for blind Revolving fund created.&nbsp;</span></p> <p><span class="cls0">There is hereby created a revolving fund for the Oklahoma School for the Blind at Muskogee, to be available for the purposes herein set forth and enumerated.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1941, p. 267, &sect; 1. &nbsp;</span></p> <p><span class="cls0">&sect;62187. Composition of fund.&nbsp;</span></p> <p><span class="cls0">The said revolving fund shall consist of all appropriations made for such purpose, and shall include all proceeds from the sale of livestock and all products produced therefrom, the proceeds from the sale of all farm and institutional commodities, and proceeds from the sale of articles and products made by the girls and boys of said institution.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1941, p. 267, &sect; 2. &nbsp;</span></p> <p><span class="cls0">&sect;62189. Purposes for which fund expended.&nbsp;</span></p> <p><span class="cls0">The monies in said revolving fund may be expended for the following purposes:&nbsp;</span></p> <p><span class="cls0">(a) For the purchase of livestock to replace livestock sold or used in connection with said institution and the keeping up and maintaining its dairy herd;&nbsp;</span></p> <p><span class="cls0">(b) for the purchase of material, appliances and equipment used in such business enterprises, occupations, factories, or shops, and other business carried on at such institution;&nbsp;</span></p> <p><span class="cls0">(c) for the purchase of feed for the livestock owned by said institution;&nbsp;</span></p> <p><span class="cls0">(d) for the purchase of materials and parts necessary in repairing and maintaining the machinery and equipment for the industries of said institution, and for the payment of labor incidental thereto.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1941, p. 267, &sect; 4. &nbsp;</span></p> <p><span class="cls0">&sect;62-192.1. Repealed by Laws 1998, c. 405, &sect; 13, eff. Sept. 1, 1998.&nbsp;</span></p> <p><span class="cls0">&sect;62-192.2. Repealed by Laws 1998, c. 405, &sect; 13, eff. Sept. 1, 1998.&nbsp;</span></p> <p><span class="cls0">&sect;62-192.3. Repealed by Laws 1998, c. 405, &sect; 13, eff. Sept. 1, 1998.&nbsp;</span></p> <p><span class="cls0">&sect;62-193. Ad Valorem Reimbursement Fund - Claims - Distribution of funds.&nbsp;</span></p> <p><span class="cls0">A. There is hereby created in the State Treasury a revolving fund for the Oklahoma Tax Commission to be designated the "Ad Valorem Reimbursement Fund". The fund shall be a continuing fund, not subject to fiscal year limitations. Monies apportioned to this fund shall be expended:&nbsp;</span></p> <p><span class="cls0">1. To reimburse counties of this state for loss of revenue due to exemptions of ad valorem taxes for new or expanded manufacturing or research and development facilities;&nbsp;</span></p> <p><span class="cls0">2. To reimburse counties of this state for loss of revenue for school district and county purposes due to exemptions granted pursuant to the provisions of Section 2890 of Title 68 of the Oklahoma Statutes; and&nbsp;</span></p> <p><span class="cls0">3. To reimburse counties of this state for loss of revenue due to decreased valuation and assessment for buffer strips pursuant to Section 2817.2 of Title 68 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">Provided that it shall be the duty of the Tax Commission to assess the valuation of all property for new or expanded manufacturing or research and development facilities which are exempt from ad valorem taxes.&nbsp;</span></p> <p><span class="cls0">Monies apportioned to this fund also may be transferred to other state funds or otherwise expended as directed by the Legislature by law.&nbsp;</span></p> <p><span class="cls0">B. The county commissioners of each county seeking reimbursement for lost revenue from the Ad Valorem Reimbursement Fund shall make claims for reimbursement on forms prescribed by the Tax Commission prior to April 30 of each year. Claims for reimbursement for loss of revenue due to exemptions of ad valorem taxes for new or expanded manufacturing or research and development facilities shall be made separately from claims for reimbursement for loss of revenue for school district and county purposes due to exemptions granted pursuant to the provisions of Section 2890 of Title 68 of the Oklahoma Statutes and separately from claims for reimbursement for loss of revenue for decreased valuation and assessment of buffer strips. Provided, the assessed valuation of a school district as stated in the claim for reimbursement shall be the same as reported to the State Department of Education on the Estimate of Need and shall include the total valuation of property exempt from taxation pursuant to Section 2902 of Title 68 of the Oklahoma Statutes. The claims shall be either approved or disapproved in whole or in part by the Tax Commission by June 15 of each year. A claim for reimbursement for loss of revenue due to an exemption of ad valorem taxes for a new or expanded manufacturing or research and development facility shall be disapproved if a county or school district has received any payment in lieu of ad valorem taxes from such facility, to the extent of the amount of such reimbursement. If the Tax Commission determines that an exemption has been erroneously or unlawfully granted, it shall notify the appropriate county assessor who shall immediately value and assess the property and place it on the rolls for ad valorem taxation. Disbursements from the fund shall be made on warrants issued by the State Treasurer against claims filed by the Tax Commission with the Office of Management and Enterprise Services for payment. Such disbursements shall be exempt from all agency expenditure ceilings. The county treasurer shall apportion or disburse such funds for expenditures in the same manner as other ad valorem tax collections.&nbsp;</span></p> <p><span class="cls0">C. In the event monies apportioned to the Ad Valorem Reimbursement Fund are insufficient to pay all claims for reimbursement made pursuant to subsection B of this section, claims for reimbursement for loss of revenue due to exemptions of ad valorem taxes for new or expanded manufacturing or research and development facilities shall be paid first, and any remaining funds shall be distributed proportionally among the counties making claims for reimbursement for loss of revenue for school district and county purposes due to exemptions granted pursuant to the provisions of Section 2890 of Title 68 of the Oklahoma Statutes, according to the amount of the claim made by each county. If any funds remain after paying all claims for reimbursement for loss of revenue due to exemptions of ad valorem taxation for new or expanded manufacturing or research and development facilities and for reimbursement for loss of revenue for school district and county purposes due to exemptions granted pursuant to the provisions of Section 2890 of Title 68 of the Oklahoma Statutes, the remaining funds shall be distributed proportionally among the counties making claims for reimbursement for loss of revenue for decreased valuation and assessment for buffer strips pursuant to Section 2817.2 of Title 68 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1985, c. 15, &sect; 4, emerg. eff. April 11, 1985. Amended by Laws 1985, c. 341, &sect; 2, emerg. eff. July 30, 1985; Laws 1986, c. 223, &sect; 30, emerg. eff. June 9, 1986; Laws 1988, c. 281, &sect; 11, operative July 1, 1988; Laws 1992, c. 396, &sect; 1, emerg. eff. June 11, 1992; Laws 1993, c. 273, &sect; 1, emerg. eff. May 27, 1993; Laws 1998, c. 405, &sect; 1, eff. Sept. 1, 1998; Laws 1999, c. 390, &sect; 3, emerg. eff. June 8, 1999; Laws 2000, c. 255, &sect; 3, eff. Jan. 1, 2001; Laws 2012, c. 304, &sect; 457.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-194. State Land Reimbursement Fund - Payment - Apportionment by county treasurer.&nbsp;</span></p> <p><span class="cls0">A. There is hereby created in the State Treasury a revolving fund for the Office of the State Treasurer to be designated the "State Land Reimbursement Fund". The fund shall be a continuing fund, not subject to fiscal year limitations. Monies apportioned to the fund shall be expended as payments to any county of this state which has state-owned land within the county, that if the land were in private ownership would be classified as agricultural land and on which no state agency is making an in lieu of ad valorem payment. Provided, no land shall be eligible for reimbursement under the provisions of this section which receives reimbursement for in lieu of tax payments under the provisions of Section 4-132 of Title 29 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">B. Each county shall receive a portion of the fund equal to the percentage of the eligible state-owned land in each county as determined from reports compiled by the county assessor of each county listing the location and number of acres of such property in each county. The reports shall be filed with the Office of the State Treasurer on or before December 31 of each year. Payments from the fund shall be made by the State Treasurer to the county treasurers not later than February 1 of each year. The county treasurer shall apportion the monies in the manner ad valorem taxes are apportioned in the county.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1988, c. 82, &sect; 1, operative July 1, 1988. Amended by Laws 1993, c. 260, &sect; 27, operative July 1, 1993; Laws 2007, c. 323, &sect; 2, eff. July 1, 2007; Laws 2009, c. 433, &sect; 10, eff. Nov. 1, 2009.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;62-195. Funds created - Maximum amounts - Forms, systems and procedures.&nbsp;</span></p> <p><span class="cls0">A. 1. There is hereby created a petty cash fund at each of the following institutions: Oklahoma School for the Blind, Muskogee, Oklahoma; Oklahoma School for the Deaf, Sulphur, Oklahoma; Griffin Memorial Hospital, Norman, Oklahoma; Eastern State Hospital, Vinita, Oklahoma; Northern Oklahoma Resource Center of Enid, Enid, Oklahoma; Southern Oklahoma Resource Center of Pauls Valley, Pauls Valley, Oklahoma; Western State Psychiatric Center, Fort Supply, Oklahoma; Central Oklahoma Juvenile Treatment Center, Tecumseh, Oklahoma; L.E. Rader Children's Diagnostic and Evaluation Center, Sand Springs, Oklahoma; L.E. Rader Intensive Treatment Center, Sand Springs, Oklahoma; the Southwest Oklahoma Juvenile Center, Manitou, Oklahoma; the Office of Juvenile Affairs' Boys' Group Home, Enid, Oklahoma; the Office of Juvenile Affairs' Boys' Group Home, Lawton, Oklahoma; the Office of Juvenile Affairs' Girls' Group Home, Tulsa, Oklahoma; the Oklahoma Medical Center; and the J.D. McCarty Center for Children with Developmental Disabilities.&nbsp;</span></p> <p><span class="cls0">2. The Director of the Office of Management and Enterprise Services and the head of the institution involved are hereby authorized and it shall be their duty to fix the maximum amount of the petty cash funds. The Director of the Office of Management and Enterprise Services shall prescribe all forms, systems, and procedures for administering the petty cash funds of the institution.&nbsp;</span></p> <p><span class="cls0">B. 1. There is hereby created a petty cash fund in the legal division of the Department of Human Services which fund shall be used solely to pay court costs, filing fees, witness fees, and expenses related to any case or proceeding within the responsibility of the legal division.&nbsp;</span></p> <p><span class="cls0">2. There is hereby created a petty cash fund in the Child Support Enforcement Division of the Department of Human Services. The fund shall be used solely to pay litigation expenses, including court costs, filing fees, witness fees, and expenses related to any case or proceeding within the responsibility of the Child Support Enforcement Division.&nbsp;</span></p> <p><span class="cls0">3. The Director of the Office of Management and Enterprise Services and the Director of the Department of Human Services are hereby authorized and it shall be their duty to fix the maximum amount of the petty cash funds. The Director of the Office of Management and Enterprise Services shall prescribe all forms, systems, and procedures for administering the petty cash funds.&nbsp;</span></p> <p><span class="cls0">C. 1. There is hereby created a petty cash fund in the finance department of the Corporation Commission which shall be used solely to pay litigation expenses of the legal division, including court costs, filing fees, witness fees, and other expenses related to any case, proceeding, or matter within the responsibility of the legal division.&nbsp;</span></p> <p><span class="cls0">2. The Director of the Office of Management and Enterprise Services and the Corporation Commission are hereby authorized and it shall be their duty to fix the maximum amount of the petty cash fund, not to exceed Five Hundred Dollars ($500.00). The Director of the Office of Management and Enterprise Services shall prescribe all forms, systems, and procedures for administering the petty cash fund.&nbsp;</span></p> <p><span class="cls0">D. 1. There is hereby created a petty cash fund for the Property Distribution Division of the Office of Management and Enterprise Services.&nbsp;</span></p> <p><span class="cls0">2. The amount of the Property Distribution petty cash fund shall not exceed Five Hundred Dollars ($500.00). The initial amount shall be drawn by warrant from the State Surplus Property Revolving Fund. The Director of the Office of Management and Enterprise Services is authorized to prescribe forms, systems and procedures for the administration of the Property Distribution petty cash fund.&nbsp;</span></p> <p><span class="cls0">E. 1. There is hereby created a petty cash fund in the legal division of the Oklahoma Health Care Authority which fund shall be used solely to pay for court costs, filing fees, witness fees, and expenses related to any case or proceeding within the responsibility of the legal division.&nbsp;</span></p> <p><span class="cls0">2. The Director of the Office of Management and Enterprise Services and the Chief Executive Officer of the Oklahoma Health Care Authority are hereby authorized and it shall be their duty to fix the maximum amount of the petty cash fund, not to exceed Five Hundred Dollars ($500.00). The Director of the Office of Management and Enterprise Services shall prescribe all forms, systems, and procedures for administering the petty cash fund.&nbsp;</span></p> <p><span class="cls0">F. 1. The Director of the Office of Management and Enterprise Services is hereby authorized, upon request by the State Commissioner of Health, to establish a petty cash fund for the State Department of Health in an amount not to exceed One Thousand Dollars ($1,000.00), to be used for the purpose of making change for persons obtaining licenses, paying fees and fines, and transacting other such business with the Department.&nbsp;</span></p> <p><span class="cls0">2. The fund shall be established and replenished from any monies available to the Department for operating expenses.&nbsp;</span></p> <p><span class="cls0">3. The Director of the Office of Management and Enterprise Services shall prescribe all forms, systems, and procedures for administering the fund.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1951, p. 169, &sect; 1, emerg. eff. May 26, 1951. Amended by Laws 1957, p. 466, &sect; 1, emerg. eff. May 31, 1957; Laws 1983, c. 283, &sect; 17, operative July 1, 1983; Laws 1984, c. 263, &sect; 14, operative July 1, 1984; Laws 1988, c. 326, &sect; 32, emerg. eff. July 13, 1988; Laws 1990, c. 265, &sect; 61, operative July 1, 1990; Laws 1991, c. 103, &sect; 1, eff. July 1, 1991; Laws 1992, c. 307, &sect; 13, eff. July 1, 1992; Laws 1993, c. 323, &sect; 10, emerg. eff. June 7, 1993; Laws 1995, c. 203, &sect; 1, eff. July 1, 1995; Laws 1996, c. 326, &sect; 3, eff. July 1, 1996; Laws 1997, c. 85, &sect; 1, emerg. eff. April 11, 1997; Laws 1997, c. 293, &sect; 41, eff. July 1, 1997; Laws 2000, c. 125, &sect; 1, emerg. eff. April 24, 2000; Laws 2012, c. 304, &sect; 458.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-203. Apportionment of monies to General Revenue Fund - Exceptions.&nbsp;</span></p> <p><span class="cls0">A. Except as otherwise provided by subsection B of this section, all monies that may come into the State Treasury, pursuant to the provisions of Section 201 et seq. of this title, together with all amounts that may be received by the State Treasurer as investment income or as interest on average daily bank balances, including investment income or interest on deposits from funds deposited to the credit of the Constitutional Reserve Fund created pursuant to Section 23 of Article X of the Oklahoma Constitution, shall be apportioned and credited to the General Revenue Fund for the current year.&nbsp;</span></p> <p><span class="cls0">B. The provisions of subsection A of this section shall not apply to:&nbsp;</span></p> <p><span class="cls0">1. Interest received on deposits from funds under the control of the Commissioners of the Land Office;&nbsp;</span></p> <p><span class="cls0">2. Funds in the Department of Human Services Federal Disallowance Fund;&nbsp;</span></p> <p><span class="cls0">3. Interest received on deposits from funds under the control of the Santa Claus Commission;&nbsp;</span></p> <p><span class="cls0">4. The Risk Management Revolving Fund;&nbsp;</span></p> <p><span class="cls0">5. Investment income and interest received from funds in the Quartz Mountain Revolving Fund from insurance claims;&nbsp;</span></p> <p><span class="cls0">6. The Drinking Water Treatment Revolving Loan Account and the Drinking Water Treatment Loan Administrative Fund;&nbsp;</span></p> <p><span class="cls0">7. The Clean Water State Revolving Fund Loan Account and the Clean Water State Revolving Fund Loan Administrative Fund;&nbsp;</span></p> <p><span class="cls0">8. The State Infrastructure Bank Revolving Fund;&nbsp;</span></p> <p><span class="cls0">9. The Nursing Facility Quality of Care Fund;&nbsp;</span></p> <p><span class="cls0">10. The Oklahoma Tourism and Recreation Department Revolving Fund effective July 1, 2003; &nbsp;</span></p> <p><span class="cls0">11. The Golf Course Operations Revolving Fund effective July 1, 2003; and&nbsp;</span></p> <p><span class="cls0">12. Interest received on investments from funds in the County Bridge and Road Improvement Fund, the Emergency and Transportation Revolving Fund, the County Road Machinery and Equipment Revolving Fund, the High Priority State Bridge Revolving Fund as created in Section 506 of Title 69 of the Oklahoma Statutes, and the County Improvements for Roads and Bridges Fund as created in Section 507 of Title 69 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1919, c. 287, p. 409, &sect; 3, emerg. eff. March 29, 1919. Amended by Laws 1987, c. 222, &sect; 39, operative July 1, 1987; Laws 1988, c. 246, &sect; 9, operative July 1, 1988; Laws 1988, c. 280, &sect; 6, operative July 1, 1988; Laws 1989, c. 373, &sect; 20, operative July 1, 1989; Laws 1992, c. 327, &sect; 32, eff. July 1, 1992; Laws 1994, c. 329, &sect; 9, eff. July 1, 1995; Laws 1996, c. 348, &sect; 5, eff. July 1, 1996; Laws 1997, c. 186, &sect; 7, emerg. eff. May 15, 1997; Laws 1998, c. 292, &sect; 12, eff. Nov. 1, 1998; Laws 1999, c. 31, &sect; 2, eff. Nov. 1, 1999; Laws 2000, c. 340, &sect; 18, eff. July 1, 2000; Laws 2002, c. 343, &sect; 1, emerg. eff. May 30, 2002; Laws 2003, c. 3, &sect; 56, emerg. eff. March 19, 2003; Laws 2006, 2nd Ex. Sess., c. 45, &sect; 2, eff. July 1, 2007; Laws 2010, c. 318, &sect; 1, emerg. eff. June 6, 2010.&nbsp;</span></p> <p><span class="cls0">NOTE: Laws 2002, c. 322, &sect; 15 repealed by Laws 2003, c. 3, &sect; 57, emerg. eff. March 19, 2003.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;62204. Disposition of monies received from United States under Flood Control Act.&nbsp;</span></p> <p><span class="cls0">The State Treasurer of Oklahoma is hereby authorized and required to distribute monies now in his hands, or hereafter received by him under the provisions of Section 7 of the Flood Control Act of Congress, approved August 18, 1941, as amended by 33 U.S.C.A. Section 701c3, in the following manner:&nbsp;</span></p> <p><span class="cls0">Such monies shall be distributed by the State Treasurer at the end of each fiscal year to the county treasurers of counties wherein is located a federal flood control project, and shall be by the said county treasurer of each such county distributed as follows: onefourth (1/4) to the county sinking fund, except that if there be no county bonded indebtedness said onefourth (1/4) shall be apportioned to the general fund of the county to be used for any lawful general fund purpose as and in the manner provided by law; onefourth (1/4) to the various school districts of such county on an enumeration basis, said amount to be placed in the general fund of said district to be used for any lawful general fund purpose as and in the manner provided by law; and onehalf (1/2) to the general fund of such county, to be used for any lawful general fund purpose, as and in the manner provided by law.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1945, p. 476, &sect; 1; Laws 1951, p. 352, &sect; 1; Laws 1957, p. 467, &sect; 1; Laws 1971, c. 247, &sect; 1, emerg. eff. June 16, 1971; Laws 1972, c. 30, &sect; 1, emerg. eff. Feb. 25, 1972. &nbsp;</span></p> <p><span class="cls0">&sect;62-205. Repealed by Laws 1995, c. 337, &sect; 20, eff. July 1, 1995.&nbsp;</span></p> <p><span class="cls0">&sect;62-206. Payment of allegedly invalid fees or taxes under protest - Notice - Protest fund - Suits to recover - Exceptions - Bad faith claims.&nbsp;</span></p> <p><span class="cls0">A. In all cases where it is alleged or claimed that fees or taxes of the state are in whole or in part unconstitutional or otherwise invalid, the aggrieved person shall pay the full amount thereof to the proper collecting officer and at the same time give notice in writing to said officer stating the grounds of his complaint and that suit will be brought against him for the recovery of all or a specified part of said fees or taxes. Full payment of all fees or taxes owing shall be a precondition to the bringing of any suit for the recovery of such fees or taxes. The collecting officer or agency shall deposit the funds collected under protest in a specially designated account in the State Treasury known as the "Protest Fund" of such agency and shall retain the same therein for a period of sixty (60) days, and if within such time summons is not served upon him in a suit for the recovery of said fees or taxes or a specified part thereof he shall thereon transfer said fees or taxes into the appropriate fund or funds in the State Treasury. However, if a written protest is made and a suit is filed in a timely manner, the fees or taxes paid under protest shall be retained in the appropriate "Protest Fund" pending a final determination of the suit. Provided, that nothing in this section shall be construed to prohibit the Legislature from authorizing or directing any otherwise lawful transfer of monies from any such "Protest Fund".&nbsp;</span></p> <p><span class="cls0">B. Such suits shall be brought in state courts having jurisdiction thereof and shall be given precedence therein. If upon final determination of any such suit the court shall find that the fees or taxes sued for, or any part thereof, were illegally collected it shall render judgment in favor of the plaintiff therefor, and shall order said collecting officer, or his successor, to pay the judgment. Any such money judgment shall be paid first from any remaining monies in the affected agency's "Protest Fund" for the fiscal year in which the judgment is awarded. Provided, however, if there are insufficient monies in such "Protest Fund" to pay the entire judgment in the fiscal year in which the judgment is awarded, the collecting officer immediately shall certify to the Governor, the State Treasurer, the Speaker of the House of Representatives and the President Pro Tempore of the Senate, the amount of any deficiency remaining after the payment of available monies from the "Protest Fund" of the affected agency. Any such judgment which involves premium tax may be paid by the collecting officer or agency directly from current premium tax collections. The agency may request the appropriation of sufficient funds to such "Protest Fund" to satisfy the judgment. Provided, however, that any such total judgment over the amount of Five Hundred Thousand Dollars ($500,000.00) may be paid over a period of not to exceed three (3) consecutive fiscal years from funds allocated or appropriated for that purpose. Nothing in this section shall be interpreted as allowing liens on public property. Provided that the provisions of this section shall not apply to ad valorem taxes, taxes on intangible personal property, taxes collected by the Oklahoma Tax Commission, or to taxes collected by the Oklahoma Employment Security Commission. In any such suit, subsequent to dismissal or adjudication on the merits and upon the motion of the state, the court shall determine whether or not a claim asserted in the suit was filed in bad faith, was not well grounded in fact, or was unwarranted by existing law or a good faith argument for the extension, modification, or reversal of existing law. Upon so finding, the court shall enter a judgment ordering the plaintiff to reimburse the state for all costs of any nature, including but not limited to attorneys fees, incurred with respect to defense of the action.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1945, p. 281, &sect; 1, emerg. eff. Feb. 27, 1945. Amended by Laws 1986, c. 233, &sect; 4, emerg. eff. June 11, 1986; Laws 1988, c. 83, &sect; 11, emerg. eff. March 25, 1988; Laws 1994, c. 277, &sect; 8.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;62-211. Fees - Payment into General Revenue Fund of state.&nbsp;</span></p> <p><span class="cls0">Unless otherwise provided by law, all self-sustaining boards created by statute to regulate and prescribe standards, practices, and procedures in any profession, occupation or vocation shall pay into the General Revenue Fund of the state ten percent (10%) of the gross fees charged, collected and received by such board.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1933, c. 88, p. 160, &sect; 1, emerg. eff. March 4, 1933. Amended by Laws 1947, p. 384, &sect; 1, emerg. eff. April 24, 1947; Laws 1979, c. 30, &sect; 30, emerg. eff. April 6, 1979; Laws 2004, c. 265, &sect; 2; Laws 2010, c. 413, &sect; 22, eff. July 1, 2010.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;62-212. Repealed by Laws 2010, c. 413, &sect; 30, eff. July 1, 2010.&nbsp;</span></p> <p><span class="cls0">&sect;62213. Failure or refusal to file reports Misdemeanor.&nbsp;</span></p> <p><span class="cls0">Any official of either of the boards hereinbefore named who shall fail, neglect or refuse to make and file any report or pay the fees provided for herein shall be deemed guilty of a misdemeanor and in addition thereto shall be removed from his office.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1933, c. 88, p. 160, &sect; 3; Laws 1947, p. 384, &sect; 3. &nbsp;</span></p> <p><span class="cls0">&sect;62214. State Capitol Building Boards not to maintain offices in.&nbsp;</span></p> <p><span class="cls0">Provided that none of the abovenamed boards shall maintain any office within the State Capitol Building.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1933, c. 88, p. 160, &sect; 4. &nbsp;</span></p> <p><span class="cls0">&sect;62-221. Oklahoma Tax Commission Fund - Nature of fund - Expenditures.&nbsp;</span></p> <p><span class="cls0">A. There is hereby created a fund to be known as the "Oklahoma Tax Commission Fund". There shall be paid to the State Treasurer and placed to the credit of said "Oklahoma Tax Commission Fund", out of collections made by said Commission, the sums of money required to be apportioned thereto by law.&nbsp;</span></p> <p><span class="cls0">B. From and after July 1, 1986, the Oklahoma Tax Commission Fund shall be a revolving fund. Such fund shall be a continuing fund not subject to fiscal year limitations and shall consist of any revenues required to be deposited in the Oklahoma Tax Commission Fund by Article XXVIII, Section 7 of the Oklahoma Constitution, any other revenues apportioned to such fund by law, and any other miscellaneous fees and monies received by the Oklahoma Tax Commission. All monies accruing to the credit of said fund are hereby appropriated and may be budgeted and expended by the Oklahoma Tax Commission to carry out the duties of the Commission according to law. Expenditures from said fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1933, c. 161, p. 375, &sect; 1, emerg. eff. April 24, 1933. Amended by Laws 1968, c. 252, &sect; 1, emerg. eff. April 26, 1968; Laws 1986, c. 223, &sect; 31, operative July 1, 1986; Laws 2012, c. 304, &sect; 459.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62253. Special Cash Fund.&nbsp;</span></p> <p><span class="cls0">There is hereby created in the State Treasury a special fund to be designated the "Special Cash Fund". Said fund shall be subject to legislative appropriation or transfer as provided by law and shall consist of such monies as the Legislature may direct to be transferred to said fund.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Added by Laws 1986, c. 223, &sect; 56, emerg. eff. June 9, 1986. Amended by Laws 1987, c. 203, &sect; 108, operative July 1, 1987. &nbsp;</span></p> <p><span class="cls0">&sect;62-261. Payments to State Treasurer.&nbsp;</span></p> <p><span class="cls0">When any cashier's check or other exchange has been issued by any state or national bank in the State of Oklahoma, made payable to the State of Oklahoma or any agency thereof, and such cashier's check or other exchange has not been presented for payment and paid by the bank of issue within three (3) years from the date of issuance, claim of the state thereto is hereby asserted and the bank of issuance is hereby made the agent of the state, and pursuant to such agency, the state or national bank issuing the same or the successor thereof shall pay the amount of any such cashier's check or other exchange to the State Treasurer under the provisions of the Uniform Unclaimed Property Act using the same reports as required to report other forms of property.&nbsp;</span></p> <p><span class="cls0">In addition to examination by the Office of the State Treasurer pursuant to the provisions of Section 678 of Title 60 of the Oklahoma Statutes, all such banks shall permit the State Auditor and Inspector or a duly authorized deputy access to their records to ascertain whether any such cashier&rsquo;s check or exchange has been issued and remains outstanding and unpaid.&nbsp;</span></p> <p><span class="cls0">To the extent discernable, the State Treasurer shall notify the state agency named in the remittance forms returned by the bank of the amount and of any other identifying data contained as to each item named; and upon presentation by such agency to the State Treasurer of claim duly authenticated and proof of right thereto the State Treasurer shall draw a voucher or order for the amount thereof found proper, to be paid to such agency.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1947, p. 387, &sect; 1, emerg. eff. May 16, 1947. Amended by Laws 1949, p. 416, &sect; 1, emerg. eff. June 11, 1949; Laws 1979, c. 47, &sect; 59, emerg. eff. April 9, 1979; Laws 2002, c. 95, &sect; 3, eff. July 1, 2002.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62262. Partial invalidity.&nbsp;</span></p> <p><span class="cls0">The provisions of this act are declared to be severable, and if any section, sentence, clause or part thereof be held invalid or unconstitutional for any reason, or the application thereof to any bank, person or circumstance is held invalid such invalidity or unconstitutionality or application shall not affect the remainder of the act, and the application thereof to other banks, persons or circumstances shall not be affected thereby. The Legislature declares that it would have passed this act and each section, sentence, clause or part thereof, irrespective of the fact that any one or more sections, sentences, clauses or phrases be declared invalid.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1947, p. 387, &sect; 2. &nbsp;</span></p> <p><span class="cls0">&sect;62263. State checks or vouchers unpaid after 90 days Cancellation.&nbsp;</span></p> <p><span class="cls0">All depository checks or vouchers issued after June 30, 1980, by any state officer, department, board, commission, institution or agency in payment of any obligation of the state which shall for any cause remain unpaid and outstanding for a period of ninety (90) days shall be canceled. Where the account originally charged can be identified the cancellation shall have the effect of restoring to the account the amount theretofore charged. Where the identity of the account originally charged cannot now be ascertained, the amount of such cancellation shall revert to and be credited to the General Revenue Fund of the state.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1957, p. 467, &sect; 1; Laws 1980, c. 105, &sect; 2, eff. July 1, 1980. &nbsp;</span></p> <p><span class="cls0">&sect;62-275.1. Human Services warrants and checks - Duplication and destruction - Permanent copies maintained.&nbsp;</span></p> <p><span class="cls0">All warrants or checks issued by the Commission for Human Services and the State Treasurer, in payment of assistance to the needy, aged persons, blind or dependent children, shall be microfilmed or duplicated in a manner acceptable to the Archives and Records Commission, provided further that the Department of Human Services is hereby authorized and directed to destroy said warrants, by burning, shredding, chemical process or any other method which will insure the complete destruction thereof, after microfilm or other copies are made thereof. Any redeemed warrant or check that has been microfilmed, imaged or duplicated in a manner acceptable to the Archives and Records Commission shall be destroyed after a period of time consistent with banking industry standards for checks. The Archives and Records Commission, with the assistance of the State Treasurer, shall survey financial institutions to determine the industry standard for retention of paper checks after they have been duplicated in a manner consistent with federal law and industry practice. Such survey shall include the industry standard or federal law for retention of duplicated checks.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1949, p. 440, &sect; 1, emerg. eff. Feb. 24, 1949. Amended by Laws 1949, p. 441, &sect; 1, emerg. eff. April 14, 1949; Laws 1979, c. 47, &sect; 60, emerg. eff. April 9, 1979; Laws 1997, c. 164, &sect; 5, eff. July 1, 1997; Laws 2003, c. 224, &sect; 17, eff. July 1, 2003; Laws 2006, c. 233, &sect; 4, eff. Nov. 1, 2006; Laws 2007, c. 1, &sect; 47, emerg. eff. Feb. 22, 2007.&nbsp;</span></p> <p><span class="cls0">NOTE: Laws 2006, c. 20, &sect; 1 repealed by Laws 2007, c. 1, &sect; 48, emerg. eff. Feb. 22, 2007.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;62275.2. Destruction of warrant registers after warrants microfilmed or duplicated.&nbsp;</span></p> <p><span class="cls0">Warrant registers maintained by the State Treasurer, listing warrants issued in payment to the needy persons referred to in Section 275.1 of this title, shall be destroyed in the manner hereinabove provided by the State Treasurer upon receipt of notice from the Department of Human Services that warrants listed thereon have been microfilmed or duplicated in a manner acceptable to the Archives and Records Commission or if the warrants have been destroyed with permission of the Archives and Records Commission.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1949, p. 440, &sect; 2, emerg. eff. Feb. 24, 1949. Amended by Laws 1949, p. 442, &sect; 2, emerg. eff. April 14, 1949; Laws 1979, c. 47, &sect; 61, emerg. eff. April 9, 1979; Laws 1997, c. 164, &sect; 6, eff. July 1, 1997; Laws 2003, c. 224, &sect; 18, eff. July 1, 2003.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;62275.6. Storage facilities and personnel Duties of Department of Public Welfare.&nbsp;</span></p> <p><span class="cls0">The Department of Public Welfare shall provide adequate storage facilities for warrants redeemed by the State Treasurer in payment of assistance to the needy, aged persons, blind or dependent children, out of funds apportioned to the administrative fund under the direction of the Oklahoma Public Welfare Commission, and immediately after the effective date of this act shall provide the necessary personnel and equipment to remove all paid and canceled warrants redeemed prior to the effective date of this act, and thereafter, from the vaults in the State Capitol, to the place provided by the Department of Public Welfare.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1949, p. 440, &sect; 6. &nbsp;</span></p> <p><span class="cls0">&sect;62275.7. Storage facilities Duties of Director Construction, rent or lease Contracts.&nbsp;</span></p> <p><span class="cls0">The Director of the Department of Human Services is hereby authorized to provide any storage facilities which in the judgment of the Commission for Human Services is needed to store paid warrants from the administration account of the Human Services Medical and Assistance Fund under the control of the Commission for Human Services. The Department of Human Services is authorized to construct, rent or lease any necessary storage facilities, and to alter, or to enter into contracts for the alteration of such storage facilities to place them in a condition for proper protection of such records. The Director of the Department of Human Services is further authorized to employ necessary personnel and to contract for the purchase or lease of necessary equipment to carry out the purposes of this act.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Amended by Laws 1988, c. 326, &sect; 33, emerg. eff. July 13, 1988. &nbsp;</span></p> <p><span class="cls0">&sect;62-275.8. State Treasurer - Redeemed bonds, etc. - Microfilm or duplicates - Disposition.&nbsp;</span></p> <p><span class="cls0">All state bonds, bond interest coupons and duplicates of receipts redeemed by the State Treasurer and delivered to the Director of the Office of Management and Enterprise Services as provided by Section 34.80 of this title shall be delivered by the Director of the Office of Management and Enterprise Services to the Archives and Records Commission to be retained in accordance with the provisions of Sections 305 through 317 of Title 67 of the Oklahoma Statutes. All warrants or checks redeemed by the State Treasurer, shall be microfilmed, imaged or duplicated by the State Treasurer. The microfilm, image or other duplication shall be in accordance with requirements established for such records by the Archives and Records Commission. Any redeemed warrant or check that has been microfilmed, imaged or duplicated in a manner acceptable to the Archives and Records Commission shall be destroyed after a period of time consistent with banking industry standards for checks. The Archives and Records Commission, with the assistance of the State Treasurer, shall survey financial institutions to determine the industry standard for retention of paper checks after they have been duplicated in a manner consistent with federal law and industry practice. Such survey shall include the industry standard or federal law for retention of duplicated checks.&nbsp;</span></p> <p><span class="cls0">No state agency may require the State Treasurer to furnish an original warrant, state check, or state voucher to the state agency if the State Treasurer makes a duplicate available. If the State Treasurer is in possession of the original warrant, the original may be furnished in response to the following:&nbsp;</span></p> <p><span class="cls0">1. A subpoena;&nbsp;</span></p> <p><span class="cls0">2. A proper discovery request in a legal proceeding;&nbsp;</span></p> <p><span class="cls0">3. For investigative purposes of a law enforcement agency; or&nbsp;</span></p> <p><span class="cls0">4. For other good cause as determined by the State Treasurer.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1949, p. 441, &sect; 8, emerg. eff. Feb. 24, 1949. Amended by Laws 1973, c. 46, &sect; 16, eff. July 1, 1973; Laws 1989, c. 367, &sect; 2, eff. Oct. 1, 1989; Laws 1990, c. 337, &sect; 13; Laws 1997, c. 164, &sect; 7, eff. July 1, 1997; Laws 2003, c. 224, &sect; 19, eff. July 1, 2003; Laws 2006, c. 233, &sect; 5, eff. Nov. 1, 2006; Laws 2012, c. 304, &sect; 460.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1989, c. 171, &sect; 2 repealed by Laws 1990, c. 337, &sect; 26.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-275.9. Claims or payrolls filed with Director of Office of Management and Enterprise Services.&nbsp;</span></p> <p><span class="cls0">Claims and/or payrolls filed with the Director of the Office of Management and Enterprise Services shall be maintained by said officer in accordance with the provisions of Sections 305 through 317 of Title 67 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1949, p. 441, &sect; 9, emerg. eff. Feb. 24, 1949. Amended by Laws 1979, c. 47, &sect; 62, emerg. eff. April 9, 1979; Laws 1980, c. 105, &sect; 3, eff. July 1, 1980; Laws 1989, c. 367, &sect; 3, operative July 1, 1989; Laws 2012, c. 304, &sect; 461.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-275.11. Time limitation for state compliance with Title 40, &sect; 165.2.&nbsp;</span></p> <p><span class="cls0">The State of Oklahoma shall be allowed ten (10) working days after the regular payday designated by an employer in order to comply with the requirements of Section 165.2 of Title 40 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2000, c. 336, &sect; 13, eff. July 1, 2000.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;62-276.1. Creation of fund - Use.&nbsp;</span></p> <p><span class="cls0">There is hereby created in the State Treasury a revolving fund for the Office of the Secretary of State to be designated the "Revolving Fund for the Office of the Secretary of State". The revolving fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of fees and monies received by the Office of the Secretary of State for reproducing records or other papers or documents, and such other fees as are directed by law to be deposited in this fund, and any other miscellaneous receipts not otherwise directed by law. All monies accruing to the credit of said fund are hereby appropriated and may be budgeted and expended by the Office of the Secretary of State for costs incurred in performing the duties and functions of the Office. Expenditures from said fund shall be made on warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 677, &sect; 1, emerg. eff. July 12, 1961. Amended by Laws 1986, c. 157, &sect; 4, emerg. eff. May 9, 1986; Laws 1990, c. 264, &sect; 96, operative June 1, 1990; Laws 1999, c. 377, &sect; 1, eff. July 1, 1999; Laws 2012, c. 304, &sect; 462.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-276.3. Central Filing System Revolving Fund.&nbsp;</span></p> <p><span class="cls0">There is hereby created in the State Treasury a revolving fund for the Office of the Secretary of State to be designated the "Central Filing System Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all fees generated by paragraphs 4 through 9 of subsection A of Section 111 of Title 28 of the Oklahoma Statutes and all penalties collected pursuant to subsection (9) of Section 1-9-320.6 of Title 12A of the Oklahoma Statutes. All monies accruing to the credit of this fund are hereby appropriated and may be budgeted and expended by the Office of the Secretary of State for expenses related to the central filing system created pursuant to Section 1-9-320.6 of Title 12A of the Oklahoma Statutes. Expenditures from this fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1988, c. 206, &sect; 10, operative July 1, 1988. Amended by Laws 1988, c. 309, &sect; 11, operative July 1, 1988; Laws 1991, c. 314, &sect; 3, eff. Sept. 1, 1991; Laws 2000, c. 371, &sect; 178, eff. July 1, 2001; Laws 2012, c. 304, &sect; 463.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-276.4. Petty cash fund.&nbsp;</span></p> <p><span class="cls0">There is hereby created a petty cash fund not to exceed Three Hundred Dollars ($300.00) for the Office of the Secretary of State to be used as a cash drawer change fund and for the purchase of or reimbursement for expenditures of less than One Hundred Dollars ($100.00) pursuant to the rules and procedures established by the Director of the Office of Management and Enterprise Services.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1996, c. 82, &sect; 1, emerg. eff. April 15, 1996. Amended by Laws 2012, c. 304, &sect; 464.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62277.1. Fund created Expenditures.&nbsp;</span></p> <p><span class="cls0">There is hereby created in the State Treasury a fund to be known as the "Federal Revenue Sharing Fund" in which shall be deposited all federal revenue sharing receipts, including interest earned thereon as hereinafter provided. No money on deposit with the State Treasurer to the credit of the Federal Revenue Sharing Fund shall be expended except pursuant to legislative appropriation.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">Laws 1973, c. 1, &sect; 1, emerg. eff. Jan. 29, 1973. &nbsp;</span></p> <p><span class="cls0">&sect;62277.2. Investments Interest.&nbsp;</span></p> <p><span class="cls0">The State Treasurer is hereby authorized and directed to invest federal revenue sharing monies in direct obligations of the United States of America or in certificates of deposits from banks in the State of Oklahoma, acceptable as depositories, when such certificates of deposits are secured by acceptable collateral and yield as much or more than direct obligations of the United States of America. Earnings or interest on federal revenue sharing monies shall be deposited in the Federal Revenue Sharing Fund.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1973, c. 1, &sect; 2, emerg. eff. Jan. 29, 1973. &nbsp;</span></p> <p><span class="cls0">&sect;62278.1. Creation Composition Expenditure of moneys.&nbsp;</span></p> <p><span class="cls0">There is hereby created in the State Treasury a fund to be known as the "AntiRecession Fiscal Assistance Fund." Said fund shall consist of all monies received by the state from entitlements under Title II of the Public Works Employment Act of 1976 (Public Law 94369), including interest earned thereon as hereinafter provided. No money on deposit with the State Treasurer to the credit of the AntiRecession Fiscal Assistance Fund shall be expended except pursuant to legislative direction or appropriation.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1977, c. 2, &sect; 1, emerg. eff. Jan. 26, 1977. &nbsp;</span></p> <p><span class="cls0">&sect;62278.2. Investments by State Treasurer Deposit interest.&nbsp;</span></p> <p><span class="cls0">The State Treasurer is hereby authorized and directed to invest monies deposited to the AntiRecession Fiscal Assistance Fund in direct obligations of the United States of America or in certificates of deposit from banks in the State of Oklahoma, acceptable as depositories, when such certificates of deposit are secured by acceptable collateral and yield as much as or more than direct obligations of the United States of America. Earnings or interest on antirecession fiscal assistance monies shall be deposited in the AntiRecession Fiscal Assistance Fund.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1977, c. 2, &sect; 2, emerg. eff. Jan. 26, 1977. &nbsp;</span></p> <p><span class="cls0">&sect;62279. Fund created Composition Transfer of funds.&nbsp;</span></p> <p><span class="cls0">There is hereby created in the State Treasury a depository account for the Oklahoma Tax Commission, to be designated as the "Unclassified Taxes Account". The depository account shall consist of all monies received by the Oklahoma Tax Commission for which the appropriate tax account is unidentified. The Oklahoma Tax Commission is authorized to transfer monies from the Unclassified Taxes Account to the appropriate tax account when such tax account is identified. On July 1, 1988, any monies in the Unclassified Taxes Account in excess of One Hundred Thousand Dollars ($100,000.00) shall be transferred to the General Revenue Fund. At the close of the fiscal year ending June 30, 1989, and at the close of each fiscal year thereafter, any monies in the Unclassified Taxes Account, held for a period of at least two (2) years, in excess of One Hundred Thousand Dollars ($100,000.00) shall be transferred to the General Revenue Fund of the state.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Added by Laws 1988, c. 204, &sect; 5, operative July 1, 1988. &nbsp;</span></p> <p><span class="cls0">&sect;62-281. Municipal corporations holding public utility bonds - Readjustment of indebtedness under bankruptcy laws.&nbsp;</span></p> <p><span class="cls0">It shall be lawful for the board of county commissioners of any county in the State of Oklahoma, or the board of education or other governing board of any school district in the State of Oklahoma, or the governing board of any other municipal corporation in the State of Oklahoma, which holds or owns any public utility bonds of any incorporated city or town of this state, the assessed valuation of which is less than the face value of the entire issue of said bonds and accrued interest thereon, to accept in writing any plan of readjustment of said indebtedness of such city or town which may be submitted by the governing board thereof under Section 80, of Chapter IX, of the Bankruptcy Laws of the United States of America, as amended in an act entitled "An Act to Establish an Uniform System of Bankruptcy Throughout the United States" approved July 1, 1898, and acts amendatory thereof and supplementary thereto, approved May 24, 1934, and to accept in full settlement of such indebtedness either in cash or other securities of such incorporated city or town, an amount less than the full amount due on the face of said bonds and/or interest coupons.&nbsp;</span></p> <p><span class="cls0">Laws 1935, p. 124, &sect; 1.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;62282. Definitions Debtor municipal corporation Creditor municipal corporation.&nbsp;</span></p> <p><span class="cls0">For the purpose of this Act, a debtor municipal corporation hereunder is hereby defined as a municipal corporation or other political subdivision of this state which is insolvent or unable to meet its debts as they mature. A creditor municipal corporation hereunder is defined as being a municipal corporation or other political subdivision of this state which holds or owns bonds, warrants or securities of a debtor municipal corporation of this state.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1935, p. 123, &sect; 1. &nbsp;</span></p> <p><span class="cls0">&sect;62283. Initiation of proceeding under bankruptcy laws.&nbsp;</span></p> <p><span class="cls0">A debtor municipal corporation or political subdivision of this state is hereby permitted and authorized, as a debtor, to initiate and conduct proceedings provided by the Bankruptcy Acts of the United States for the readjustment of municipal debts according to the provisions of said Bankruptcy Acts.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1935, p. 123, &sect; 2. &nbsp;</span></p> <p><span class="cls0">&sect;62284. Participation by creditor corporation in proceedings.&nbsp;</span></p> <p><span class="cls0">Any creditor corporation of this state is hereby permitted and authorized to enter into contracts and plans with a debtor municipal corporation to initiate and participate in proceedings provided by the Bankruptcy Acts of the United States for the readjustment of municipal debts, and to become bound thereby.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1935, p. 123, &sect; 3. &nbsp;</span></p> <p><span class="cls0">&sect;62285. Carrying out plan of municipal debt readjustment.&nbsp;</span></p> <p><span class="cls0">Any municipal corporation or political subdivision of this state shall carry out the plan or plans of municipal debt readjustment when and if authorized and approved by said Bankruptcy Court by refunding the same in the amounts and under the terms of said plan or plans so approved.&nbsp;</span></p> <p><span class="cls0">Provided, however, that said plan or plans does not authorize any greater interest than now provided for municipal securities under the laws of this state, and&nbsp;</span></p> <p><span class="cls0">Provided further, that any and all issues of bonds, securities or warrants authorized under any such plan or plans shall be conducted in conformity with and under the provisions of the laws of Oklahoma relating to refunding of municipal indebtedness, and&nbsp;</span></p> <p><span class="cls0">Provided further, that all creditor municipal corporations, as well as debtor municipal corporations of this state, shall be bound by the final decree of said Bankruptcy Court confirming the plan of readjustment of the debtor corporation.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1935, p. 123, &sect; 4. &nbsp;</span></p> <p><span class="cls0">&sect;62286. Composition of indebtedness under bankruptcy law.&nbsp;</span></p> <p><span class="cls0">Any county, municipality, local improvement district organized or created for the purpose of grading, paving or otherwise improving public streets, alleys, or roads; or other similar district; also any paving district of any municipality of this state; any drainage or reclamation district; or any agency or instrumentality formed or existing pursuant to the laws of this state, which is an agency or instrumentality of a kind named or described in Section 81 of an Act of Congress, entitled "An Act to Establish a Uniform System of Bankruptcy Throughout the United States", as approved July 1, 1898, and as now or hereafter amended and supplemented, (Title 11, United States Code Section 401); which has power to incur indebtedness, either through action of its governing body or through the action of the governing body of any county, municipality, district, agency or instrumentality in which such county, municipality, district, agency or instrumentality is included; is hereby authorized to proceed under all applicable laws enacted by the Congress of the United States, under its federal bankruptcy powers, to effect a plan for the composition of its indebtedness; and the officials and governing body of such county, municipality, district, agency or instrumentality are authorized to adopt all proceedings and to do any and all acts necessary fully to avail such municipality, county, district, agency or instrumentality of the provisions of any of such Acts of the Congress of the United States.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1947, p. 389, &sect; 1. &nbsp;</span></p> <p><span class="cls0">&sect;62291. When cancellation authorized.&nbsp;</span></p> <p><span class="cls0">That any municipality, political corporation or subdivision of this state, which has issued its bonds for any purpose and after the issuance or approval of said bonds it is determined that the purpose for which said bonds were issued has ceased to exist, is hereby authorized to cancel and destroy said bonds, thereby absolving itself from any liability for the payment of said bonds, or the coupons thereto attached, in the manner and under the procedure provided in Section Two hereof.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1919, c. 222, p. 318, &sect; 1. &nbsp;</span></p> <p><span class="cls0">&sect;62292. Procedure Notice.&nbsp;</span></p> <p><span class="cls0">Whenever, after the issuance or approval of said bonds it shall be determined that the purpose for which said bonds have been issued by such municipality, political corporation or subdivision of this state, has ceased to exist, the commissioners, board, council, or other officers of such municipality, political corporation or subdivision of this state, shall at its next session, either regular or special, by resolution declare that the purpose for which said bonds were issued has so ceased to exist, and pursuant thereto shall authorize and direct its clerk or secretary to issue and publish notice of such fact and of its intention to cancel and destroy said bonds, in some newspaper of general circulation within such municipality, political corporation or subdivision of this state, or within the county in which same is located, for at least fourteen (14) days, two insertions being necessary, and such clerk or secretary shall immediately upon the passage of such resolution post copies of such notice in five public places within such municipality, political corporation or subdivision of this state. Such notice shall specifically designate the bonds to be canceled, stating the purpose for which issued, the amount and date thereof, and shall further state in substance that on a day certain not less than two (2) weeks from the first publication and posting of said notice, unless formal objection and protest in writing is made by at least onethird (1/3) of the voters, qualified to vote, at the election by which said bonds were authorized to be issued, the said commissioners, board, council, or other officers of said municipality, political corporation or subdivision of this state, will proceed to cancel and destroy said bonds. Such bonds shall be destroyed by burning; and the clerk, or secretary, shall make an entry on the records showing the cancellation and destruction of said bonds, and the date and reason therefor.&nbsp;</span></p> <p><span class="cls0">Laws 1919, c. 222, p. 318, Sec. 2.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62304.1. Payroll purchase order Payroll statement Verification by affidavit Payments.&nbsp;</span></p> <p><span class="cls0">A. The regular personnel of any agency of any county, city, town, school district or board of education may be certified to the governing board thereof for payment by a payroll purchase order in the manner herein provided. For the purpose of this section, regular personnel is hereby defined as those persons whose appointment or employment or election, whether on full or parttime basis, together with the rate of pay unless the same be fixed by law, has been confirmed or otherwise fixed by the governing board, in each instance, and entered in its journal of proceedings or by separate contract of employment properly authenticated and filed of record; provided, for school districts only, regular personnel may be defined as including persons who are employed on a temporary or occasional basis.&nbsp;</span></p> <p><span class="cls0">B. For each pay period, the duly elected or appointed head of any department, office, suboffice, district, station or school may execute, on behalf of himself and his subordinates, a payroll statement, itemizing in detail the names of such persons, nature of employment or service, rate of pay each, hours worked, and dates of service within the payroll period if less than a full payroll period. This statement shall be verified by affidavit as to:&nbsp;</span></p> <p><span class="cls0">1. Subordinate relationship of all persons named, other than himself, to the affiant;&nbsp;</span></p> <p><span class="cls0">2. Record of employment or contract relationship of all persons named; and&nbsp;</span></p> <p><span class="cls0">3. Services performed under direct supervision.&nbsp;</span></p> <p><span class="cls0">The form of affidavit shall be prepared by the State Auditor and Inspector, and shall provide for entry therein by words, and figures, as to the number of persons certified to in such payroll statement and affidavit.&nbsp;</span></p> <p><span class="cls0">The statement and affidavit shall be deemed to include the approval of departmental head and receipt acknowledging services of subordinate, where such is required by law; and no further statements for that purpose shall be required. The subordinate employees named therein shall not be required to sign the payroll statement and affidavit unless the governing board, by official order, so requires, in which event, each may sign opposite his own name. Affidavit to any payroll statement may be verified by any officer authorized to take acknowledgments, or by the clerk of the county, city, town, school district or board of education, as the case may be.&nbsp;</span></p> <p><span class="cls0">C. The payroll statement and affidavit shall be forwarded to the clerk of the county, city, town, school district or board of education, and shall become a permanent part of the financial records of the agency. The total payroll amounts from the payroll statement and affidavit, and the amounts charged to each appropriation and fund of the agency, shall be listed or estimated on the payroll purchase order for consideration and payment by the governing board. The amount to be paid pursuant to a payroll purchase order may be encumbered as of the date the purchase order is considered by the governing board for payment or as of the date payroll payments are made.&nbsp;</span></p> <p><span class="cls0">D. The encumbering officer or clerk of a municipality, county or school may authorize payment of the following taxes and invoices as they become due without a purchase order or further approval of the governing board:&nbsp;</span></p> <p><span class="cls0">1. Taxes, including, but not limited to, withholding, social security or unemployment compensation taxes;&nbsp;</span></p> <p><span class="cls0">2. Retirement or pension fund payments or contributions which are payable pursuant to a resolution, ordinance, contract or other appropriate agreement which has been approved by the governing board; and&nbsp;</span></p> <p><span class="cls0">3. Payments for insurance or related coverages, including, but not limited to, accident, health or life, workers' compensation, or any other property, vehicle, marine, surety, liability or casualty coverages, which are payable under a valid contract, policy or other appropriate agreement which has been approved by the governing board.&nbsp;</span></p> <p><span class="cls0">Amended by Laws 1990, c. 221, &sect; 1, operative July 1, 1990.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;62304.2. Assignment of salary or wage earnings.&nbsp;</span></p> <p><span class="cls0">Except as otherwise provided by Section 165.3a of Title 40 of the Oklahoma Statutes, assignment of salary or wage earnings in such instance shall be by separate instrument, and by affidavit. Except as otherwise provided by Section 165.3a of Title 40 of the Oklahoma Statutes, it shall be unlawful to issue or authorize the issuance of a municipal warrant for salary or wages to any person other than the person earning the same, or to his or her assignee or the executor or administrator of his or her estate or to any person entitled to child support payments pursuant to an income assignment proceeding or a garnishment proceeding. Except as provided by income assignment procedures for the collection of child support, no assignment of a part of salary or wages shall be made, and any assignment of salary or wages before the same has been earned shall be a nullity and shall avail the assignee nothing.&nbsp;</span></p> <p><span class="cls0">Laws 1943, p. 143, &sect; 2, emerg. eff. April 13, 1943; Laws 1986, c. 38, &sect; 1, emerg. eff. March 26, 1986; Laws 1994, c. 25, &sect; 1, emerg. eff. April 7, 1994.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;62305.1. Municipal or public utility billing Payment without verification Late charges Discounts.&nbsp;</span></p> <p><span class="cls0">The governing board of a municipality shall be authorized to allow and pay the regular periodic billings of any municipal utility or of any public utility whose rates are fixed by, and are subject to the approval of, the Oklahoma Corporation Commission or any other public regulatory body or board of any utility cooperative for services furnished by the utility to the municipality without the issuance of a purchase order and filing of an invoice by such municipal or public utility, provided, further, that no municipal or public utility shall attach a late charge or deny a discount on any bill until a thirtyday period has lapsed from the receipt of the bill.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1969, c. 310, &sect; 1; emerg. eff. April 28, 1969; Laws 1970, c. 216, &sect; 1, emerg. eff. April 15, 1970; Laws 1980, c. 126, &sect; 2, emerg. eff. April 10, 1980. &nbsp;</span></p> <p><span class="cls0">&sect;62-305.2. Definitions.&nbsp;</span></p> <p><span class="cls0">The term "municipality" as used herein shall include any county, school district, city or town, and the term "governing board" shall include the board of county commissioners of a county, the board of education or district board of any school district, the city council of a city, and the board of trustees of a town.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1969, c. 310, &sect; 2, emerg. eff. April 28, 1969.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62306. Compromise and settlement of amount due under certain bonds and warrants and charged against property.&nbsp;</span></p> <p><span class="cls0">The holder of any matured and unpaid street improvement bonds or warrants, or district sanitary sewer, or storm sewer, or sidewalk warrants, issued by any municipal corporation of this state, whether such bond or warrant be unpaid in part or in whole, together with the owner of any property which is or shall be charged with a lien for the payment of any such matured and unpaid bond or warrant, in whole or in part, by virtue of the act or acts under which such bond or warrant may have been issued, and together with the mayor and city council of the issuing municipality are hereby authorized to enter into a compromise and settlement of the amount due thereon and charged against any such property.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1937, p. 157, &sect; 1. &nbsp;</span></p> <p><span class="cls0">&sect;62306a. Form and contents of compromise settlement.&nbsp;</span></p> <p><span class="cls0">Such compromise settlement shall be in writing and shall prescribe the bond or bonds, or warrant or warrants involved, the date of issuance and maturity thereof; and the ordinance under which the same were issued; it shall also describe the property sought to be discharged and shall specify the total consideration for such settlement and the proportions of the same which the bondholder or warrant holder and the municipality shall each receive. It shall be executed by such bondholder or warrant holder, the property owner and the mayor of such municipality and shall be approved by resolution of the city council of such municipality.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1937, p. 157, &sect; 2. &nbsp;</span></p> <p><span class="cls0">&sect;62306b. Judicial approval of compromise settlement Release and discharge of property.&nbsp;</span></p> <p><span class="cls0">When any such compromise settlement shall have been duly executed by the parties and approved by the city council of such municipality, the same shall be presented to the district court of the county wherein the property sought to be discharged is situated upon the petition of the parties, which petition shall recite the facts and circumstances of the proposed compromise settlement and pray the confirmation of the same by said court and an order discharging the property from the lien securing the payment of such matured and unpaid street improvement bond, or warrant, or district sanitary sewer, or storm sewer, or sidewalk warrant. At any time after the filing of such petition the parties may present the same to said court and the court upon presentation shall examine the same and if the court shall find that said proposed compromise settlement is a fair adjustment of the rights and interests of the parties and the consideration for the same adequate and properly proportioned, an order shall be entered confirming said compromise settlement and discharging and releasing the property involved of and from any charge or lien of any special tax assessed for the purpose of paying such matured and unpaid bond or warrant; and, said court shall, at the time of entering of said order, cause to be endorsed upon such bond or bonds, or warrant or warrants, a statement showing the discharge and release of such property.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1937, p. 157, &sect; 3. &nbsp;</span></p> <p><span class="cls0">&sect;62306c. Notation of discharge and release of property.&nbsp;</span></p> <p><span class="cls0">The county treasurer shall, upon presentation of a certified copy of any order entered in accordance with Section 3 hereof, thereupon enter upon the tax rolls of said county wherein any such special assessment shall appear a notation showing that the same has been discharged and released by virtue of such compromise settlement and order of the district court thereon.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1937, p. 158, &sect; 4. &nbsp;</span></p> <p><span class="cls0">&sect;62306d. Cancellation of special assessment and lien of assessment or warrant.&nbsp;</span></p> <p><span class="cls0">In any case where the owner of any property which is or shall be charged with a lien for the payment of any such matured and unpaid special assessment, district sanitary sewer, storm sewer, or sidewalk warrant, is the owner and holder of any such warrant, he may upon surrendering the same to the county treasurer of the county wherein any such special assessment shall appear, have such special assessment and the lien thereof canceled, and such treasurer shall make a notation upon the tax rolls showing that such special assessment has been discharged and released and shall cancel such warrant and file the same in his office.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1937, p. 158, &sect; 5. &nbsp;</span></p> <p><span class="cls0">&sect;62306e. Cancellation of special assessment and lien of bond, warrant or tax bill.&nbsp;</span></p> <p><span class="cls0">In any case where the owner of any property which is or shall be charged with a lien for the payment of any such matured and unpaid special assessment street improvement bond or special assessment warrant or tax bill, is the owner and holder of any such bond or portion of bond or special assessment warrant or tax bill, he may upon surrendering the same to the city clerk of the municipality wherein such special assessment shall appear, have such special assessment and lien thereof canceled and such city clerk shall make an endorsement upon the bond or special assessment warrant or tax bill and such city clerk shall make a notation upon the special assessment tax rolls showing that such special assessment has been discharged and released and shall cancel such bond and file the same in his office.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1937, p. 158, &sect; 6. &nbsp;</span></p> <p><span class="cls0">&sect;62-310.1. Cities and towns - Purchasing procedures.&nbsp;</span></p> <p><span class="cls0">A. Unless otherwise provided by ordinance, officers, boards, commissions and designated employees of cities and towns, hereinafter referred to as the purchasing officer, having authority to purchase or contract against all budget appropriation accounts as authorized by law shall submit all purchase orders and contracts prior to the time the commitment is made, to the officer charged with keeping the appropriation and expenditure records or clerk, who shall, if there be an unencumbered balance in the appropriation made for that purpose, so certify in the following form:&nbsp;</span></p> <p><span class="cls0">I hereby certify that the amount of this encumbrance has been entered against the designated appropriation accounts and that this encumbrance is within the authorized available balance of said appropriation.&nbsp;</span></p> <p><span class="cls0">Dated this ______ day of _____________, 20____.&nbsp;</span></p> <p class="cls20"><span class="cls0">___________________________________________&nbsp;</span></p> <p class="cls20"><span class="cls0">Encumbering Officer or Clerk of ___________.&nbsp;</span></p> <p><span class="cls0">Provided, in instances where it is impossible to ascertain the exact amount of expenditures to be made at the time of recording the encumbrance, an estimated amount may be used and the encumbrance made in like manner as set forth above. Provided, no purchase order or contract shall be valid unless signed and approved by the purchasing officer and certified as above set forth by the officer or clerk charged with keeping the appropriation and expenditure records. The clerk or encumbering officer shall retain and file one copy of the purchase order.&nbsp;</span></p> <p><span class="cls0">B. After satisfactory delivery of the merchandise or completion of the contract, the supplier shall deliver an invoice. Such invoice shall state the supplier's name and address and must be sufficiently itemized to clearly describe each item purchased, its unit price, where applicable, the number or volume of each item purchased, its total price, the total of the purchase and the date of the purchase. The appropriate officer shall attach the itemized invoice together with delivery tickets, freight tickets or other supporting information to the original of the purchase order and, after approving and signing said original copy of the purchase order, shall submit the invoices, the purchase order and other supporting data for consideration for payment by the governing board. All invoices submitted shall be examined by the governing board to determine their legality. The governing board shall approve such invoices for payment in the amount the board determines just and correct.&nbsp;</span></p> <p><span class="cls0">C. As an alternative to the provisions of subsection B of this section, the governing body may elect to pay claims and invoices pursuant to the provisions of subsection A of Section 17-102 of Title 11 of the Oklahoma Statutes, which provides for the adoption of an ordinance to ensure adequate internal controls against unauthorized or illegal payment of invoices. The governing body may also authorize the chief executive officer or designee to approve payment of such invoices. In absence of such authority, the governing board shall approve payment.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1947, p. 390, &sect; 1, emerg. eff. May 21, 1947. Amended by Laws 1967, c. 348, &sect; 1, emerg. eff. May 18, 1967; Laws 1968, c. 373, &sect; 1, emerg. eff. May 10, 1968; Laws 1977, c. 75, &sect; 1, operative July 1, 1977; Laws 1980, c. 126, &sect; 3, emerg. eff. April 10, 1980; Laws 1982, c. 249, &sect; 12; Laws 1988, c. 90, &sect; 2, operative July 1, 1988; Laws 1990, c. 201, &sect; 1, eff. Sept. 1, 1990; Laws 1991, c. 124, &sect; 19, eff. July 1, 1991; Laws 2004, c. 361, &sect; 2, eff. July 1, 2004.&nbsp;</span></p> <p><span class="cls0">&sect;62310.1a. Acknowledgment of delivery of merchandise Approval of payment.&nbsp;</span></p> <p><span class="cls0">The officer, deputy or employee receiving satisfactory delivery of merchandise shall acknowledge such fact by signing the invoice or delivery ticket and no purchase order shall be approved for payment by the governing board unless the required signed invoices or delivery tickets are attached thereto.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1977, c. 75, &sect; 2, operative July 1, 1977. &nbsp;</span></p> <p><span class="cls0">&sect;62-310.1b. Repealed by Laws 1991, c. 124, &sect; 35, eff. July 1, 1991.&nbsp;</span></p> <p><span class="cls0">&sect;62-310.1c. Repealed by Laws 2004, c. 447, &sect; 21, emerg. eff. June 4, 2004.&nbsp;</span></p> <p><span class="cls0">&sect;62310.2. Record of appropriations Charges Approval of claims indebtedness in excess of appropriation Authority to incur indebtedness.&nbsp;</span></p> <p><span class="cls0">The clerk of each county or encumbering officer of the municipality shall keep a record in such form as prescribed by the State Auditor and Inspector in which shall be kept an exact account of each appropriation as made by the county excise board as departmentalized for each department of government or as made by the municipal governing body as authorized by law. The amount and purpose of each purchase order or contract shall be charged against the appropriation as made by the excise board or governing body at the time purchase is made or contract let and the balance in the appropriation account after such charges are deducted shall constitute the unencumbered balance available. No purchase order shall be paid until approved by the officer, board or commission having charge of the office or department for which the appropriation is available and from which such payment is proposed to be made, provided that no indebtedness for any purpose shall be incurred in excess of the appropriation for that purpose and provided that the county and municipal officers referred to herein are made responsible on their official bond for any and all indebtedness incurred by them. Each county or municipal officer in charge of a department or appropriation account shall be allowed to incur indebtedness against all appropriations within his department under the regulations as provided for herein, except when otherwise provided by law; and provided further, that only those municipal officers and employees designated by the governing board shall have authority to obligate the municipality.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1947, p. 391, &sect; 2; Laws 1977, c. 75, &sect; 5, operative July 1, 1977; Laws 1979, c. 30, &sect; 97, emerg. eff. April 6, 1979; Laws 1980, c. 126, &sect; 4, emerg. eff. April 10, 1980. &nbsp;</span></p> <p><span class="cls0">&sect;62310.3. Removal from office for exceeding appropriation.&nbsp;</span></p> <p><span class="cls0">Any county or municipal officer who in his capacity as an officer or as or through a purchasing officer shall incur or cause to be incurred any indebtedness, purchase order or obligation for any purpose or for any account in excess of the appropriation available therefor shall forfeit and be removed from office in the manner provided by law for willful maladministration.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1947, p. 391, &sect; 3; Laws 1977, c. 75, &sect; 6, operative July 1, 1977. &nbsp;</span></p> <p><span class="cls0">&sect;62-310.4. Unexpended balances of fiscal year available until September 30th - Notice to present claims.&nbsp;</span></p> <p><span class="cls0">All unencumbered balances, if any, as shown by the officer charged with keeping the appropriation and expenditure records of the county, city, or town on hand at the close of day June 30, may remain as a credit for said fiscal year up to the close of day September 30, next. Said officer charged with keeping the appropriation and expenditure records of the county, city, or town shall at any time during the month of July advertise in a newspaper of general circulation in the county and shall cause to be published for two (2) consecutive times if in a daily newspaper and once if in a weekly newspaper, notice in the following form:&nbsp;</span></p> <p class="cls4"><span class="cls0">PUBLIC NOTICE&nbsp;</span></p> <p><span class="cls0">All persons having an indebtedness or claim against ________&nbsp;</span></p> <p><span class="cls0">_________________________________________________________________&nbsp;</span></p> <p class="cls21"><span class="cls0">County, City, or Town&nbsp;</span></p> <p><span class="cls0">are hereby notified that all invoices and documentation pertaining to said purchase order or contract must be recorded in the office of _____________ Clerk on or before September 30, 20___, covering all debts now unpaid and incurred during the period beginning on July 1, 20___, and ending on June 30, 20___, or said account shall be void and forever barred.&nbsp;</span></p> <p class="cls6"><span class="cls0">_____________________________________&nbsp;</span></p> <p class="cls6"><span class="cls0">Clerk or Encumbering Officer&nbsp;</span></p> <p><span class="cls0">Provided this act shall not be so construed to allow the incurring of a new indebtedness after June 30 chargeable to the appropriation account of the immediately preceding fiscal year.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1947, p. 391, &sect; 4, emerg. eff. May 21, 1947. Amended by Laws 1977, c. 75, &sect; 7, operative July 1, 1977; Laws 1993 c. 318, &sect; 1, emerg. eff. June 7, 1993; Laws 2004, c. 361, &sect; 3, eff. July 1, 2004.&nbsp;</span></p> <p><span class="cls0">&sect;62310.5. Surplus for unencumbered balances Supplemental appropriations Cancellation of appropriations.&nbsp;</span></p> <p><span class="cls0">Provided all fund balance reserved for unencumbered balances of appropriations for the prior fiscal year on hand at the close of day September 30, may be appropriated by supplemental appropriation to current expense purposes in the current fiscal year in the manner now provided by law. In the event of the recording of an estimated encumbrance or in the event of an increase in the cost price of supplies, equipment, materials, etc., these underestimations may be provided for during the threemonths period by the cancellation of appropriations made by the county excise board prior to June 30, subject to the approval both of the governing board and the officer in charge of the department or appropriation account only in instances as hereinabove set forth and only in amounts sufficient to pay such increased encumbrances, and by reappropriation to the appropriation accounts in which an underestimate encumbrance was made, all in the manner as now provided by law for the making of supplemental appropriations.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Amended by Laws 1988, c. 90, &sect; 3, operative July 1, 1988. &nbsp;</span></p> <p><span class="cls0">&sect;62310.6. Rules and regulations.&nbsp;</span></p> <p><span class="cls0">For the purpose of carrying into effect the provisions of this act and for its proper administration, the State Auditor and Inspector is hereby empowered to promulgate and enforce such rules and regulations as may be necessary but not inconsistent herewith, and he shall prescribe all forms of records, required under the provisions hereof.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1947, p. 392, &sect; 6; Laws 1979, c. 30, &sect; 98, emerg. eff. April 6, 1979. &nbsp;</span></p> <p><span class="cls0">&sect;62310.7. Partial invalidity.&nbsp;</span></p> <p><span class="cls0">If any part of this act is for any reason held unconstitutional such decision shall not affect the validity of the remaining portions of this act. The Legislature hereby declares that it would have passed this act and each and every part thereof, irrespective of the fact that any part be declared unconstitutional.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1947, p. 392, &sect; 8. &nbsp;</span></p> <p><span class="cls0">&sect;62-310.8. Blanket purchase orders.&nbsp;</span></p> <p><span class="cls0">A. A municipality, county or school district may issue a blanket purchase order for:&nbsp;</span></p> <p><span class="cls0">1. Recurring purchases of goods or services if a maximum authorized amount for all purchases pursuant to a blanket purchase order is specified in the order and approved by the governing board; or&nbsp;</span></p> <p><span class="cls0">2. The repair of county equipment, machinery or vehicles when the estimated cost of repairs is greater than Five Thousand Dollars ($5,000.00). The maximum authorized amount of a blanket purchase order may be increased to cover unforeseen expenses. A written explanation of said increase shall be attached to the blanket purchase order prior to payment.&nbsp;</span></p> <p><span class="cls0">B. Blanket purchase orders shall be prepared, filed, and encumbered in the manner provided for purchase orders and as authorized by law or regulation, except no written requisition shall be required for a blanket purchase order. Prior to payment, the requesting county officer shall verify the blanket purchase order by signature. Before transacting any purchase pursuant to a blanket purchase order, the order shall be submitted to the governing board for its approval. After satisfactory delivery of goods or services pursuant to a blanket purchase order, a vendor's invoice shall be submitted to and approved by the purchasing officer of a municipality or a school district or a county purchasing agent and forwarded for payment. An itemized list of goods or services purchased pursuant to the blanket purchase order shall be attached to the vendor's invoice if said invoice does not contain an itemized list of goods or services purchased pursuant to the blanket purchase order. Payment of invoices from vendors pursuant to a requisition and approved blanket purchase order issued pursuant to the provisions of this section shall be authorized by the encumbering officer.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1980, c. 126, &sect; 8, emerg. eff. April 10, 1980. Amended by Laws 1982, c. 249, &sect; 14; Laws 1983, c. 205, &sect; 3, emerg. eff. June 16, 1983; Laws 1988, c. 90, &sect; 4, operative July 1, 1988; Laws 1989, c. 286, &sect; 6, operative July 1, 1989; Laws 2012, c. 124, &sect; 1, eff. Nov. 1, 2012.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62-310.9. Contracts with architects, contractors, engineers or suppliers of construction materials - Signed statement - Multiple or continuing contracts - Affidavit.&nbsp;</span></p> <p><span class="cls0">A. Except as provided in subsection B of this section, on every contract entered into by any county, school district, technology center school district or political subdivision of the state for an architect, contractor, engineer or supplier of construction materials of Twenty-five Thousand Dollars ($25,000.00) or more, shall be the following signed statement:&nbsp;</span></p> <p><span class="cls0">STATE OF OKLAHOMA)&nbsp;</span></p> <p><span class="cls0"> ) ss.&nbsp;</span></p> <p><span class="cls0">COUNTY OF)&nbsp;</span></p> <p><span class="cls0">The undersigned (architect, contractor, supplier or engineer), of lawful age, being first duly sworn, on oath says that this contract is true and correct. Affiant further states that the (work, services or materials) will be (completed or supplied) in accordance with the plans, specifications, orders or requests furnished the affiant. Affiant further states that (s)he has made no payment directly or indirectly to any elected official, officer or employee of the State of Oklahoma, any county or local subdivision of the state, of money or any other thing of value to obtain or procure the contract or purchase order.&nbsp;</span></p> <p><span class="cls0">&nbsp;&nbsp;_____________________________________&nbsp;</span></p> <p class="cls22"><span class="cls0">(Contractor, architect, supplier or &nbsp;</span></p> <p class="cls22"><span class="cls0">engineer)&nbsp;</span></p> <p><span class="cls0">Attested to before me this ___ day of _______, 20___.&nbsp;</span></p> <p><span class="cls0">B. Any county, municipality or school district executing a contract with any architect, contractor, supplier or engineer for construction work, services or materials which are needed on a continual basis from such architect, contractor, supplier or engineer under the terms of such contract, or executing more than one contract during the fiscal year with such architect, contractor, supplier or engineer, may require that the architect, contractor, supplier or engineer complete a signed affidavit as provided for in subsection A of this section which shall apply to all work, services or materials completed or supplied under the terms of the contract or contracts.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1980, c. 126, &sect; 9, emerg. eff. April 10, 1980. Amended by Laws 1990, c. 305, &sect; 1, eff. Nov. 1, 1990; Laws 1991, c. 293, &sect; 3, emerg. eff. May 30, 1991; Laws 1993, c. 318, &sect; 2, emerg. eff. June 7, 1993; Laws 1995, c. 205, &sect; 1, eff. July 1, 1995; Laws 1997, c. 115, &sect; 1, eff. Nov. 1, 1997; Laws 1998, c. 365, &sect; 6, eff. July 1, 1998; Laws 2002, c. 414, &sect; 2, eff. July 1, 2002; Laws 2005, c. 472, &sect; 2, eff. July 1, 2005.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1990, c. 221, &sect; 2 repealed by Laws 1991, c. 293, &sect; 8, emerg. eff. May 30, 1991.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;62-318. Performance-based efficiency contracts.&nbsp;</span></p> <p><span class="cls0">A. For purposes of this section:&nbsp;</span></p> <p><span class="cls0">1. &ldquo;Public entity&rdquo; means any political subdivision of this state, or a public trust which has as a beneficiary a political subdivision of this state, or any institution of higher education which is part of The Oklahoma State System of Higher Education;&nbsp;</span></p> <p><span class="cls0">2. &ldquo;Performance-based efficiency contract&rdquo; means a contract for the design, development, financing, installation and service of any improvement, repair, alteration or betterment of any building or facility owned, operated or planned by a public entity; or any equipment, fixture or furnishing to be added to or used in any such building or facility; or any maintenance or operational strategy that is designed and implemented that will reduce utility consumption or lower operating costs, and may include, but is not limited to, one or more of the following:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;utility services,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;heating, ventilating or air conditioning system modifications or replacements and automated control systems,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;replacement or modifications of lighting fixtures,&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;indoor air quality improvements to increase air quality that conform to the applicable state or local building code requirements when done in conjunction with other cost-saving measures,&nbsp;</span></p> <p class="cls2"><span class="cls0">e.&nbsp;&nbsp;any additional building infrastructure improvement, cost saving, life safety or any other improvement that provides long-term operating cost reductions and is in compliance with state and local codes, or&nbsp;</span></p> <p class="cls2"><span class="cls0">f.&nbsp;&nbsp;any facility operation and support programs that reduce operating cost; and&nbsp;</span></p> <p><span class="cls0">3. &ldquo;Qualified provider&rdquo; means a person or business experienced or trained in the design, analysis and installation of energy conservation and facility management measures. A qualified provider must employ a professional engineer registered in the State of Oklahoma.&nbsp;</span></p> <p><span class="cls0">B. In addition to any other legally permissible alternatives of entering into contracts, any public entity may enter into performance-based efficiency contracts with a qualified provider pursuant to the provisions of this section. Further, any public entity may enter into an installment contract, lease purchase agreement or other contractual obligation for the purpose of financing performance-based efficiency projects for a term not to exceed twenty (20) years or the useful life of the project. A qualified provider to whom the contract is awarded shall be required to give a sufficient bond to the public entity for its faithful performance of the contract. In addition, the public entity may require performance bonds covering the annual amount of guaranteed savings over the contract term.&nbsp;</span></p> <p><span class="cls0">The contract&rsquo;s cost savings to the public entity must be guaranteed each year during the term of the agreement. The savings must be sufficient to offset the annual costs of the contract. The contract shall provide for reimbursement to the public entity annually for any shortfall of guaranteed savings. Savings must be measured, verified and documented during each year of the term and may be utilized to meet the annual debt service. This section shall constitute the sole authority necessary to enter into performance-based efficiency contracts, without regard to compliance with other laws which may specify additional procedural requirements for execution of contracts.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2001, c. 436, &sect; 1, emerg. eff. June 8, 2001. Amended by Laws 2004, c. 299, &sect; 2, eff. Nov. 1, 2004.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;62325. County fair fund Use of surplus to pay warrants.&nbsp;</span></p> <p><span class="cls0">Any cash surplus over and above the estimated needs for the current fiscal year in the county fair fund of any county of this state may be used to pay any outstanding warrants of any previous fiscal year.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1935, p. 182, &sect; 1. &nbsp;</span></p> <p><span class="cls0">&sect;62326. Rental from forest reserves Disposition and apportionment.&nbsp;</span></p> <p><span class="cls0">From and after the passage of this act, each county treasurer of this state shall, out of any funds now on hand and any funds hereinafter received by him from the United States Government as said County's share of the rentals from forest reserves located therein, immediately apportion same as follows:&nbsp;</span></p> <p><span class="cls0">1st. Twentyfive percent (25%) of all money now on hand and hereinafter received to be prorated and apportioned among the various school districts of said counties situated and located contiguous to such forest reserves, according to the scholastic population thereof;&nbsp;</span></p> <p><span class="cls0">2nd. Seventyfive percent (75%) of all such money now on hand and hereinafter received, shall be deposited in a special road fund to be expended on county highways leading into and away from such forest reserves, under the direction and supervision of the Board of county commissioners of such county.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1935, p. 173, &sect; 1; Laws 1941, p. 280, &sect; 1; Laws 1941, p. 281, &sect; 1. &nbsp;</span></p> <p><span class="cls0">&sect;62331. Consolidation of general and special funds Budget accounts and funds Appropriations Apportionment.&nbsp;</span></p> <p><span class="cls0">For the purposes of simplifying budgetary accounting of the several counties and other municipal subdivisions of the State of Oklahoma, all public officers charged under the law with making financial statements, budgets, levies, and accounting for public funds of such municipal subdivisions of the state are hereby directed and required to account for all such public funds in the manner provided for in this act.&nbsp;</span></p> <p><span class="cls0">First. All funds for current requirements arising out of an ad valorem tax levy assessed and collected under the provisions of Section 9, Article 10, Constitution, as amended, except Separate School Funds, are hereby declared to constitute the "General Fund" of such county, city, town, independent or dependent school district, or other municipal subdivisions of the state. All special "funds" arising out of an ad valorem tax levy, within the limitations of said Section 9, Article 10, Constitution, except Separate School Funds, authorized or required by existing laws to be devoted to a specific or special purpose, or that may hereafter be so authorized or required, unless specifically excepted, shall, from and after the effective date of this act, be accounted for as integral "budget accounts" within and as a part of the said "General Fund." Each such integral budget account shall bear the title ascribed by law to such special purpose, and it shall be subject to be so itemized for purpose of appropriation as the law may direct for the accomplishment of such special purpose, and none of the items of appropriation within such special budget account shall ever be expended for any purpose other than provided by the law creating such special fund (now budget account) nor shall any part of it ever be available for transfer to any other budget account within the General Fund. It is provided, however, that cancellation and/or transfer between the several items of appropriation for a special purpose within the limitations and in the manner provided by law is hereby authorized.&nbsp;</span></p> <p><span class="cls0">The total of the items of appropriation for a special purpose for which it is not mandatory to make a levy, if now or hereafter limited to a fixed or maximum rate of ad valorem mill levy, shall be limited in amount to the equivalent of the net proceeds of such ad valorem tax rate, plus ninety percent (90%) of the miscellaneous revenue collected from such source during the preceding fiscal year. If a levy for a special purpose be mandatory, under legislative exercise of the sovereign powers of the state to direct a constitutional function, the total of the several items of appropriation for such mandatory special purpose must be fixed by the county excise board at the equivalent of the net proceeds of such ad valorem rate as the law may direct, plus the amount of any unexpended balance of appropriations for the same special purpose of the preceding year; provided, however, that if the said governing board of the municipality attach to the estimate of needs for the ensuing year a certificate executed under oath that all of the requirements of the legislative mandate involving such special fund or account have been fully met, the total of appropriations then to be approved shall be limited to the equivalent of the net proceeds of such mandatory levy, plus ninety percent (90%) of the miscellaneous revenue collected from such source during the preceding fiscal year.&nbsp;</span></p> <p><span class="cls0">The total of the several items of appropriation currently necessary for salaries generally and other governmental requirements other than those authorized or required to be provided by special funds, or budget accounts as herein provided, shall constitute an integral account within the General Fund, to be known henceforth as the "Governmental Budget Account" to be itemized as now provided by law.&nbsp;</span></p> <p><span class="cls0">Out of such portion of the fifteen (15) mills that may be apportioned to county purposes by the county excise board, or the Legislature, under the provisions of Section 9, Article 10, Constitution, as amended, there is hereby specifically apportioned, and the equivalent of the net proceeds thereof required to be used for:&nbsp;</span></p> <p><span class="cls0">crippled children, mandatory to provide aid to curable defectives, onetenth (1/10) mill;&nbsp;</span></p> <p><span class="cls0">County audit, mandatory to police county public funds, onetenth (1/10) mill; and the residue of that portion of the fifteenmill limit apportioned to county purposes shall be used, so far as may be necessary, together with other income and surpluses legally accruing to the county general fund, other than those indicated in the "Fifth" provision of this section, to provide for the estimate of needs submitted by the board of county commissioners, until otherwise provided by law, as follows:&nbsp;</span></p> <p><span class="cls0">Governmental Budget Account, optional with board of county commissioners; Highway Levy Budget Account, optional with board of county commissioners; Free Fair Budget Account, optional within limit of applicable statute; Free Fair Improvement Budget, optional within net proceeds of one (1) mill; Free Fair Additional Improvement Budget, optional within net proceeds of one (1) mill; Library Budget Account, optional within net proceeds of onehalf (1/2) mill; Public Health Budget Account, optional within net proceeds of one (1) mill; Tick Eradication Account, optional with board of county commissioners; Bovine T. B. Budget Account, optional within limit of Five Thousand Dollars ($5,000.00); Farm and Home Demonstration Budget Account, optional within limitations fixed by House Bill No. 649, Session Laws, 1933; and such other special budget accounts as may hereafter be provided by law.&nbsp;</span></p> <p><span class="cls0">Such portion of the fifteen (15) mills that may be apportioned to city and/or town purposes by the county excise board, or the Legislature, under the provisions of Section 9, Article 10, Constitution, as amended, shall be used, so far as may be necessary, together with other income and surpluses legally accruing to the general fund of such city or town, other than those indicated in the "Fifth" provision of this section, as defined herein, to provide for the estimate of needs as submitted by the governing board of such city or town, until otherwise provided by law, as follows:&nbsp;</span></p> <p><span class="cls0">Library Budget Account, mandatory, where applicable under provisions of House Bill No. 555, Session Laws, 1935, at not to exceed net proceeds of two (2) mills; plus ninety percent (90%) of the miscellaneous revenue collected from such source during the preceding fiscal year; Governmental Budget Accounts, optional with governing board; Cemetery Budget Account, optional within net proceeds of onehalf (1/2) mill, plus ninety percent (90%) of the miscellaneous revenue collected from such source during the preceding fiscal year; Street Paving Repair Budget, optional within net proceeds of one (1) mill, plus ninety percent (90%) of the miscellaneous revenue collected from such source during the preceding fiscal year; Park Budget Account in cities having a population of more than thirty thousand (30,000) under Section 12672, Oklahoma Statutes, 1931, optional within net proceeds of one (1) mill, plus ninety percent (90%) of the miscellaneous revenue collected from such source during the preceding fiscal year; and such other special budget accounts as may hereafter be provided by law; provided, that the provisions of this act with regard to Cemetery Budget Account and restrictions as to the amount thereof shall not apply to cities, towns or municipalities which derive their revenue wholly from sources other than ad valorem taxes.&nbsp;</span></p> <p><span class="cls0">Such portion of the fifteen (15) mills that may be apportioned to school purposes by the county excise board, or the Legislature, together with the number of mills excess levy legally voted, under the provisions of Section 9, Article 10, Constitution, as amended, shall be used, so far as may be necessary, together with other income and surpluses accruing to the General Fund of such school district, other than those indicated in the "Fifth" provision of this Section, to provide for the estimate of needs as submitted by the governing boards of the several school districts as follows:&nbsp;</span></p> <p><span class="cls0">Governmental Budget Account, limited in ratio of the nontransferred pupils to the enumerated pupils as to total appropriation; Transfer Budget Account, limited in ratio of the transferred pupils to the enumerated pupils as to total appropriation; unless the Legislature should, at some future time, provide for other special budget accounts within the General Fund.&nbsp;</span></p> <p><span class="cls0">When the totals of all "General Fund" appropriations as integrated and defined under this subsection shall have been determined for each municipality and the levy and/or levies computed, according to law, the levy and/or levies so computed shall thenceforth cease to be separate but shall be certified, extended, collected, and distributed as a "General Fund Levy" for such municipality, accounted for, together with any other current general fund revenue, as its "General Fund," and expended by issuance of one series of General Fund Warrants for such year.&nbsp;</span></p> <p><span class="cls0">Second. Repealed. Laws 1953, p. 445, Section 55.&nbsp;</span></p> <p><span class="cls0">Third. All funds created by tax levy under the provisions of Section 10, Article 10, Constitution, are hereby declared to constitute the "Building Fund" of such municipality as may authorize such fund by legal election under the terms of said Section; and such levy shall be separately computed, certified, distributed when collected, and so expended.&nbsp;</span></p> <p><span class="cls0">Fourth. All funds required to be provided by ad valorem tax levy to pay outstanding indebtedness created under authority of Section 26 and/or Section 27, Article 10, Constitution, are hereby declared to constitute the "Sinking Fund" of such county or other municipal subdivision, to be used for the payment of coupons, bonds, and judgments as provided by law.&nbsp;</span></p> <p><span class="cls0">Fifth. All excise taxes collected by the State of Oklahoma and distributed to the counties or other municipal subdivisions under legislative enactment for specific purposes, and all contributions by the State of Oklahoma out of its General Revenues to any of the municipal subdivisions of the State to be expended under direction of statute, and all local collections required by law to be accounted for as cash funds, shall, when received by the treasurer thereof, to set up in a distinct and separate "Cash Fund", identified in the title thereof by the purpose for which such distribution or contribution is made; and all warrants drawn thereon shall be payable on demand. None of these excise taxes or state contributions shall be appropriated by the county excise board before the cash is actually on hand; then the governing board involved shall prepare an estimate of needs to be met therefrom and submit it to the county excise board, and if said excise board finds said estimate to be for legal purposes and the treasurer thereof certifies that the cash is actually on hand, then the excise board shall approve such estimate.&nbsp;</span></p> <p><span class="cls0">Laws 1939, p. 532, Sec. 1; Laws 1941, p. 282, Sec. 1; Laws 1953, p. 445, Sec. 55.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;62332. Forms to be prescribed by State Auditor and Inspector.&nbsp;</span></p> <p><span class="cls0">All forms required for effective operation of this act shall be prescribed by the State Auditor and Inspector.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1939, p. 536, &sect; 2; Laws 1979, c. 30, &sect; 99, emerg. eff. April 6, 1979. &nbsp;</span></p> <p><span class="cls0">&sect;62333. Building funds Surplus used to reduce tax for sinking fund.&nbsp;</span></p> <p><span class="cls0">When the governing board of any county, city, town or school district shall determine by proper resolution in writing that a surplus exists in any building fund created under the provisions of Section Ten (10), Article Ten (10), Oklahoma Constitution, not required for the completion of the purpose for which said taxes were levied and collected, or where said proposed construction has been abandoned, said surplus shall be refunded to the taxpayers by the use thereof by the county excise board to reduce the tax levy for the sinking fund of the municipality for which the building fund was created. Provided, that any portion of said building fund surplus not required to eliminate a sinking fund tax levy for said municipality shall be refunded to the taxpayers by the use thereof to reduce the tax levy for the benefit of the general fund for the same municipality.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1945, p. 222, &sect; 1. &nbsp;</span></p> <p><span class="cls0">&sect;62334. Purpose of law Successive levies for school building.&nbsp;</span></p> <p><span class="cls0">It is the purpose of this act to dispose of surplus tax collections hereinabove referred to in keeping with "no tax levied and collected for one purpose shall ever be devoted to another purpose" as provided in Section Nineteen (19), Article Ten (10), Oklahoma Constitution. Nothing in this act shall prevent a school district from levying successive levies for the purpose of erecting a building.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1945, p. 222, &sect; 2. &nbsp;</span></p> <p><span class="cls0">&sect;62335. Money due for property, royalty or services Payment and crediting.&nbsp;</span></p> <p><span class="cls0">When any money is due any county, city, town or school district in this state from sale, lease or rental or any public property, or royalty, or for compensation for service of public employees or other purpose, it shall be paid over to the lawful treasurer thereof.&nbsp;</span></p> <p><span class="cls0">The governing board shall have authority to direct by written resolution duly entered in the minutes of its meeting at the time such money is received or prior thereto that such money shall be credited to the fund account from which such property was derived or from which payment has been or will be made for such services rendered or other purposes.&nbsp;</span></p> <p><span class="cls0">If there be no resolution by the governing board directing the disposition of the money received as contemplated herein it shall be the duty of the treasurer to credit such money so received to the general fund.&nbsp;</span></p> <p><span class="cls0">The governing board shall have authority to direct that a fund derived for such sources as herein contemplated, where applicable to a public utility, be created and used to repair, relocate or replace any utility or part thereof new or hereafter existing.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1945, p. 224, &sect; 1; Laws 1947, p. 393, &sect; 1; Laws 1947, p. 394, &sect; 1; Laws 1949, p. 418, &sect; 1. &nbsp;</span></p> <p><span class="cls0">&sect;62341. Paving, drainage or improvement taxes Payment by warrants or bonds.&nbsp;</span></p> <p><span class="cls0">The owner of any paving, drainage or improvement warrants or bonds, heretofore or hereafter issued, by any city, town, or drainage district, or the board of county commissioners for such drainage district, in the State of Oklahoma, for the payment of paving, drainage or street improvement in any such city, town or drainage district, shall have the right to pay and discharge the lien and taxes assessed or apportioned for such paving, drainage or street improvement upon any property which he owns in the paving, drainage or street improvement district in and for which such warrants or bonds were issued to pay for such paving, drainage or street improvement; provided, that the taxpayer must be both the owner of such warrants or bonds, and the property on which the same is a lien for such assessment for such paving, drain or improvement, at the time said warrants or bonds are tendered as payment as in this act provided.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1933, c. 58, p. 105, &sect; 1. &nbsp;</span></p> <p><span class="cls0">&sect;62342. Tender Acceptance at face value Receipt Cancellation of bond or warrant.&nbsp;</span></p> <p><span class="cls0">When the owner of such warrants or bonds tenders the same to the clerk of said city, town or the county treasurer in the case of a drainage district, in payment of the paving, drainage or street improvement assessment liens or any installment thereof upon his property in the paving, drainage or street improvement district, in which such warrants or bonds were issued, the same shall be accepted at their face value by such city or town clerk, or the county treasurer, in payment of such improvement assessment liens or any installment thereof upon said owner's property in such improvement or drainage district, whether due or to become due, and shall operate to discharge all paving, drainage or street improvement assessments upon such property, to the extent of the face value of such warrants or bonds, so tendered, and the clerk of said city or town, or the county treasurer of such county, shall issue a receipt to the owner of such property and the owner of such warrants or bonds to the extent of all such improvement taxes and liens on said property, whether due or to become due, to the amount of the face of such warrants or bonds tendered in payment, including the interest due thereon, and thereupon said clerk of such city or town or the county treasurer of such county shall cancel said warrants or bonds, so delivered in discharge of such assessments or liens, or endorse said payment on said warrant or bond in case the amount due on said assessment at said time is less than the face value of said warrants or bonds so tendered.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1933, c. 58, p. 105, &sect; 2. &nbsp;</span></p> <p><span class="cls0">&sect;62343. Assessment or installments delinquent Discharge of lien.&nbsp;</span></p> <p><span class="cls0">In the event any such paving or improvement assessments or installments thereof mentioned in Sections 1 and 2 of this act are delinquent and in the hands of the county treasurer of the county in which such city or town is located, for collection, then said receipt issued by the clerk of such city or town, as provided by Section 2 of this act, may be presented by the holder thereof to the county treasurer of such county who shall thereupon endorse upon his records the satisfaction and discharge of the paving or improvement taxes upon the property for the installments described in such receipt, and thereafter such property shall be free and discharged of and from all further lien for such assessments or installments thereof.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1933, c. 58, p. 106, &sect; 3. &nbsp;</span></p> <p><span class="cls0">&sect;62344. Penalties Delinquent assessments Credited to funds.&nbsp;</span></p> <p><span class="cls0">All penalties hereafter collected and all penalties heretofore collected, which may be identified, by any county treasurer of the State of Oklahoma, on any delinquent assessments for any drainage shall be paid and credited to the funds of such drainage district, and shall be used only in the payment of the warrants or bonds and the interest thereon, issued for the construction of the improvement for which such assessments were made.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1933, c. 58, p. 106, &sect; 4. &nbsp;</span></p> <p><span class="cls0">&sect;62345. Intent of Act Face value or warrants or bonds.&nbsp;</span></p> <p><span class="cls0">It is the intent and purpose of this act to allow the owner of any paving, drainage or street improvement warrants or bonds heretofore or hereafter issued, as described in Sections 1 and 2 of this act, to use the same to the extent of their face value in the payment and satisfaction of all paving, drainage and street improvement assessments which have been levied upon his property located in the paving, drainage, or street improvement district in and for which such paving, drainage or improvement warrants or bonds were issued in payment, whether such assessments or installments are due or to become due, and to the extent of the face value of such warrants or bonds tendered in payment thereof, and to cause all penalties hereafter collected, and all such penalties heretofore collected, which may be identified, by the county treasurer on such drainage assessments to be credited to and placed in the funds of such district from which only the warrants and bonds of such district and the interest thereon, issued for the construction of said improvements, may be paid and discharged.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1933, c. 58, p. 106, &sect; 5. &nbsp;</span><