BILL NO. 2932 By: McCall, O'Donnell, Fugate, Rosecrants, Virgin, Crosswhite Hader and Hill of the House
Treat, Bullard, Bergstrom and Floyd of the Senate
An Act relating to public finance; making legislative findings related to federal funds allocated pursuant to the Coronavirus Aid, Relief, and Economic Security Act (CARES); prohibiting entities within the executive branch of state government from using CARES funds in certain manner; providing exception; imposing prohibition with respect to federal funds allocated on or after designated date; providing for codification; providing for noncodification; and declaring an emergency.
SUBJECT: Public finance
ENACTED BY THE PEOPLE OF THE STATE OF
SECTION 1. NEW LAW A new section of law not to be codified in the Oklahoma Statutes reads as follows:
The Legislature finds that federal funds made available to the State of Oklahoma pursuant to the Coronavirus Aid, Relief, and Economic Security Act (CARES), P.L. 116-136, did not allow for direct participation by the Legislature, which is directly responsible for funding many of the agencies which received and utilized much of these relief funds. The Legislature further finds that the legislative advisory group formed in May 2020, while providing some level of review for agency spending decisions, did not provide a method to analyze whether the expenditures were in compliance with the CARES Act requirements or a method to prevent such expenditures from causing increases in executive agency budgets for the fiscal year ending June 30, 2021, or fiscal years thereafter.
SECTION 2. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 34.501 of Title 62, unless there is created a duplication in numbering, reads as follows:
A. Unless expressly authorized by the Legislature pursuant to legislation enacted during or after the 1st Regular Session of the 58th Oklahoma Legislature, no agency, board, commission, department, council, instrumentality or other entity organized within the executive branch of state government shall utilize the federal funds from the Coronavirus Aid, Relief, and Economic Security Act (CARES) allocated to it in a manner that will or that will be likely to increase the demand for state-appropriated funds or any other state funds, however allocated, apportioned, directed or otherwise provided to any such entity, for the fiscal year ending June 30, 2021, or any fiscal year thereafter.
B. The provisions of subsection A of this section shall be applicable to any federal funds allocated or otherwise made available for expenditure by an act of Congress or pursuant to federal administrative rules or directives of an agency of the federal government authorized by federal law on or after December 1, 2020.
SECTION 3. It being immediately necessary for the preservation of the public peace, health or safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval.
Presiding Officer of the House
Passed the Senate the 22nd day of April, 2021.
Presiding Officer of the Senate
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________ day of ___________________, 20_______, at _______ o'clock _______ M.
Approved by the Governor of the State of Oklahoma this _________ day of ___________________, 20_______, at _______ o'clock _______ M.
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________ day of ___________________, 20_______, at _______ o'clock _______ M.