1| STATE OF OKLAHOMA |
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2| 2nd Session of the 58th Legislature (2022) |
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3|CONFERENCE COMMITTEE |
|SUBSTITUTE |
4|FOR ENGROSSED |
|HOUSE BILL NO. 3083 By: Hilbert of the House |
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| and |
6| |
| Montgomery of the Senate |
7| |
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8| |
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9| CONFERENCE COMMITTEE SUBSTITUTE |
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10| An Act relating to revenue and taxation; amending 63 |
| O.S. 2021, Sections 426, as amended by Section 27 of |
11| Enrolled Senate Bill No. 1802 of the 2nd Session of |
| the 58th Oklahoma Legislature and 427.3, as amended |
12| by Section 30 of Enrolled Senate Bill No. 1802 of the |
| 2nd Session of the 58th Oklahoma Legislature, which |
13| relate to the Oklahoma Medical Marijuana Authority; |
| modifying apportionment of excise tax proceeds; |
14| establishing maximum limits for apportionments; |
| updating statutory citation; directing Authority to |
15| establish certain programs and providing funding; |
| creating County Sheriff Public Safety Grant Revolving |
16| Fund; establishing expiration date for fund; |
| providing for use of apportioned funds by Authority; |
17| prescribing procedures for expenditures; directing |
| transfer of funds upon fund expiration; amending 70 |
18| O.S. 2021, Section 3-104, which relates to the State |
| Board of Education; updating statutory citations; |
19| repealing Section 1 of Enrolled House Bill No. 3530 |
| of the 2nd Session of the 58th Oklahoma Legislature, |
20| which relates to the County Sheriff Public Safety |
| Grant Revolving Fund; providing for codification; |
21| providing an effective date; and declaring an |
| emergency. |
22| |
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23| |
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24|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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1| SECTION 1. AMENDATORY 63 O.S. 2021, Section 426, as |
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2|amended by Section 27 of Enrolled Senate Bill No. 1802 of the 2nd |
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3|Session of the 58th Oklahoma Legislature, is amended to read as |
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4|follows: |
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5| Section 426. A. The tax on retail medical marijuana sales |
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6|shall be established at seven percent (7%) of the gross amount |
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7|received by the seller. |
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8| B. This tax shall be collected at the point of sale. Except as |
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9|provided for in subsection D C of this section, tax proceeds will be |
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10|applied primarily to finance the regulatory office shall be |
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11|appropriated in amounts as authorized by the Oklahoma Legislature. |
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12| C. Except as provided for in subsection D, if For the fiscal |
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13|year beginning July 1, 2022, and each subsequent fiscal year, |
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14|proceeds from the levy authorized by subsection A of this section |
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15|exceed the budgeted amount for running the regulatory office, any |
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16|surplus shall be apportioned with seventy-five percent (75%) going |
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17|to the General Revenue Fund and may only be expended for common |
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18|education including as follows: |
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19| 1. Seventy-seven and ninety-seven hundredths percent (77.97%) |
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20|of the total proceeds of the levy to the State Public Common School |
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21|Building Equalization Fund for the purpose of funding redbud school |
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22|grants pursuant to Section 3-104 of Title 70 of the Oklahoma |
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23|Statutes. Twenty-five percent (25%) shall be apportioned, but in no |
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24|event shall the total amount apportioned in any fiscal year pursuant |
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1|to this paragraph exceed the amount of redbud school grant funds |
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2|awarded pursuant to subsection B of Section 3-104 of Title 70 of the |
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3|Oklahoma Statutes; |
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4| 2. Thirteen and fifty-six hundredths percent (13.56%) of the |
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5|total proceeds of the levy to the State Department of Mental Health |
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6|and Substance Abuse Services and earmarked for drug and alcohol |
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7|rehabilitation and prevention., but in no event shall the total |
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8|amount apportioned in any fiscal year pursuant to this paragraph |
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9|exceed Eight Million Dollars ($8,000,000.00); |
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10| 3. Eight and forty-seven hundredths percent (8.47%) of the |
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11|total proceeds of the levy to the County Sheriff Public Safety Grant |
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12|Revolving Fund created pursuant to Section 3 of this act until June |
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13|30, 2025, and beginning July 1, 2025 and each fiscal thereafter to |
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14|the Oklahoma Medical Marijuana Authority Revolving Fund created |
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15|pursuant to Section 427.5 of this title, but in no event shall the |
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16|total amount apportioned in any fiscal year pursuant to this |
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17|paragraph exceed Five Million Dollars ($5,000,000.00); and |
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18| 4. Any surplus collections available pursuant to the provisions |
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19|of this subsection shall be apportioned to the General Revenue Fund |
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20|of the State Treasury. |
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21| D. Pursuant to Section 14 255.2 of this act Title 68 of the |
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22|Oklahoma Statutes, the Oklahoma Tax Commission shall have authority |
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23|to assess, collect and enforce the tax specified in subsection A of |
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24|this section including any interest and penalty thereon. |
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1| E. For fiscal year 2022, proceeds from the levy authorized by |
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2|subsection A of this section shall be apportioned as follows: |
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3| 1. The first Sixty-five Million Dollars ($65,000,000.00) shall |
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4|be apportioned as follows: |
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5| a. fifty-nine and twenty-three hundredths percent |
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6| (59.23%) to the State Public Common School Building |
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7| Equalization Fund, |
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8| b. thirty-four and sixty-two hundredths percent (34.62%) |
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9| to the Oklahoma Medical Marijuana Authority, a |
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10| division within the Oklahoma State Department of |
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11| Health, and |
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12| c. six and fifteen hundredths percent (6.15%) to the |
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13| Oklahoma State Department of Health and earmarked for |
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14| drug and alcohol rehabilitation; and |
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15| 2. Any surplus collections shall be apportioned to the General |
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16|Revenue Fund of the State Treasury. |
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1|licenses and medical marijuana business licenses, and the |
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2|dispensing, cultivating, processing, testing, transporting, storage, |
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3|research, and the use of and sale of medical marijuana pursuant to |
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4|the Oklahoma Medical Marijuana and Patient Protection Act. |
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5| B. The Department shall provide support staff to perform |
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6|designated duties of the Authority. The Department shall also |
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7|provide office space for meetings of the Authority. |
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8| C. The Department shall implement the provisions of the |
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9|Oklahoma Medical Marijuana and Patient Protection Act consistently |
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10|with the voter-approved State Question No. 788, Initiative Petition |
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11|No. 412, subject to the provisions of the Oklahoma Medical Marijuana |
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12|and Patient Protection Act. |
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13| D. The Department shall exercise its respective powers and |
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14|perform its respective duties and functions as specified in the |
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15|Oklahoma Medical Marijuana and Patient Protection Act and this title |
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16|including, but not limited to, the following: |
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17| 1. Determine steps the state shall take, whether administrative |
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18|or legislative in nature, to ensure that research on marijuana and |
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19|marijuana products is being conducted for public purposes, including |
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20|the advancement of: |
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21| a. public health policy and public safety policy, |
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22| b. agronomic and horticultural best practices, and |
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23| c. medical and pharmacopoeia best practices; |
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24| |
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1| 2. Contract with third-party vendors and other governmental |
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2|entities in order to carry out the respective duties and functions |
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3|as specified in the Oklahoma Medical Marijuana and Patient |
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4|Protection Act; |
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5| 3. Upon complaint or upon its own motion and upon a completed |
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6|investigation, levy fines as prescribed in applicable laws, rules |
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7|and regulations and suspend, revoke or not renew licenses pursuant |
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8|to applicable laws, rules and regulations; |
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9| 4. Issue subpoenas for the appearance or production of persons, |
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10|records and things in connection with disciplinary or contested |
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11|cases considered by the Department; |
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12| 5. Apply for injunctive or declaratory relief to enforce the |
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13|provisions of applicable laws, rules and regulations; |
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14| 6. Inspect and examine all licensed premises of medical |
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15|marijuana businesses, research facilities, education facilities and |
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16|waste disposal facilities in which medical marijuana is cultivated, |
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17|manufactured, sold, stored, transported, tested, distributed or |
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18|disposed of; |
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19| 7. Upon action by the federal government by which the |
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20|production, sale and use of marijuana in Oklahoma does not violate |
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21|federal law, work with the Oklahoma State Banking Department and the |
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22|State Treasurer to develop good practices and standards for banking |
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23|and finance for medical marijuana businesses; |
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24| |
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1| 8. Establish internal control procedures for licenses including |
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2|accounting procedures, reporting procedures and personnel policies; |
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3| 9. Establish a fee schedule and collect fees for performing |
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4|background checks as the Commissioner deems appropriate. The fees |
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5|charged pursuant to this paragraph shall not exceed the actual cost |
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6|incurred for each background check; |
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7| 10. Establish a fee schedule and collect fees for material |
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8|changes requested by the licensee; and |
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9| 11. Establish regulations, which require a medical marijuana |
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10|business to submit information to the Oklahoma Medical Marijuana |
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11|Authority, deemed reasonably necessary to assist the Authority in |
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12|the prevention of diversion of medical marijuana by a licensed |
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13|medical marijuana business. Such information required by the |
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14|Authority may include, but shall not be limited to: |
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15| a. the square footage of the licensed premises, |
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16| b. a diagram of the licensed premises, |
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17| c. the number and type of lights at the licensed medical |
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18| marijuana commercial grower business, |
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19| d. the number, type and production capacity of equipment |
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20| located at the medical marijuana processing facility, |
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21| e. the names, addresses and telephone numbers of |
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22| employees or agents of a medical marijuana business, |
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23| f. employment manuals and standard operating procedures |
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24| for the medical marijuana business, and |
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1| g. any other information as the Authority reasonably |
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2| deems necessary; and |
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3| 12. Establish programs and provide funding, from the revenues |
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4|apportioned pursuant to paragraph 3 of subsection C of Section 426 |
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5|of this title, to support county sheriffs to enforce the |
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6|requirements of state law with respect to the commercial growth of |
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7|medical marijuana or other related business activity for which a |
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8|license is required pursuant to the provisions of law governing the |
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9|production, cultivation, transportation, distribution, sale, or |
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10|other actions related to medical marijuana. |
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11| E. The Department shall be authorized to enter into and |
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12|negotiate the terms of a Memorandum of Understanding between the |
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13|Department and other state agencies concerning the enforcement of |
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14|laws regulating medical marijuana in this state. |
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15| SECTION 3. NEW LAW A new section of law to be codified |
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16|in the Oklahoma Statutes as Section 427.3A of Title 63, unless there |
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17|is created a duplication in numbering, reads as follows: |
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18| A. There is hereby created in the State Treasury until June 30, |
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19|2025, a revolving fund for the Oklahoma Medical Marijuana Authority |
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20|to be designated the "County Sheriff Public Safety Grant Revolving |
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21|Fund". The fund shall be a continuing fund, not subject to fiscal |
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22|year limitations, and shall consist of all monies received by the |
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23|Oklahoma Medical Marijuana Authority from the apportionment of the |
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24|excise tax on medical marijuana as provided by Section 426 of Title |
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1|63 of the Oklahoma Statutes and any federal funds, grants, and |
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2|donations from any public or private source. All monies accruing to |
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3|the credit of the fund are hereby appropriated and may be budgeted |
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4|and expended by the Oklahoma Medical Marijuana Authority for the |
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5|purpose specified by paragraph 12 of subsection D of Section 427.3 |
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6|of Title 63 of the Oklahoma Statutes. Expenditures from the fund |
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7|shall be made upon warrants issued by the State Treasurer against |
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8|claims filed as prescribed by law with the Director of the Office of |
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9|Management and Enterprise Services for approval and payment. |
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10| B. All unencumbered funds remaining in the County Sheriff |
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11|Public Safety Grant Revolving Fund upon the expiration of the fund |
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12|on June 30, 2025, shall be transferred to the State Treasurer for |
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13|deposit in the Oklahoma Medical Marijuana Authority Revolving Fund |
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14|created pursuant to Section 427.5 of Title 63 of the Oklahoma |
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15|Statutes. |
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16| SECTION 4. AMENDATORY 70 O.S. 2021, Section 3-104, is |
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17|amended to read as follows: |
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18| Section 3-104. A. The supervision of the public school system |
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19|of Oklahoma shall be vested in the State Board of Education and, |
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20|subject to limitations otherwise provided by law, the State Board of |
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21|Education shall: |
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22| 1. Adopt policies and make rules for the operation of the |
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23|public school system of the state; |
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24| |
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1| 2. Appoint, prescribe the duties and fix the compensation of a |
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2|secretary, an attorney and all other personnel necessary for the |
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3|proper performance of the functions of the State Board of Education. |
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4| The secretary shall not be a member of the Board; |
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5| 3. Submit to the Governor a departmental budget based upon |
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6|major functions of the Department as prepared by the State |
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7|Superintendent of Public Instruction and supported by detailed data |
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8|on needs and proposed operations as partially determined by the |
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9|budgetary needs of local school districts filed with the State Board |
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10|of Education for the ensuing fiscal year. Appropriations therefor |
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11|shall be made in lump-sum form for each major item in the budget as |
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12|follows: |
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13| a. State Aid to schools, |
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14| b. the supervision of all other functions of general and |
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15| special education including general control, free |
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16| textbooks, school lunch, Indian education and all |
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17| other functions of the Board and an amount sufficient |
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18| to adequately staff and administer these services, and |
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19| c. the Board shall determine the details by which the |
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20| budget and the appropriations are administered. |
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21| Annually, the Board shall make preparations to |
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22| consolidate all of the functions of the Department in |
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23| such a way that the budget can be based on two items, |
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24| administration and aid to schools. A maximum amount |
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1| for administration shall be designated as a part of |
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2| the total appropriation; |
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3| 4. On the first day of December preceding each regular session |
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4|of the Legislature, prepare and deliver to the Governor and the |
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5|Legislature a report for the year ending June 30 immediately |
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6|preceding the regular session of the Legislature. The report shall |
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7|contain: |
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8| a. detailed statistics and other information concerning |
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9| enrollment, attendance, expenditures including State |
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10| Aid, and other pertinent data for all public schools |
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11| in this state, |
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12| b. reports from each and every division within the State |
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13| Department of Education as submitted by the State |
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14| Superintendent of Public Instruction and any other |
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15| division, department, institution or other agency |
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16| under the supervision of the Board, |
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17| c. recommendations for the improvement of the public |
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18| school system of the state, |
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19| d. a statement of the receipts and expenditures of the |
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20| State Board of Education for the past year, and |
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21| e. a statement of plans and recommendations for the |
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22| management and improvement of public schools and such |
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23| other information relating to the educational |
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24| |
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1| interests of the state as may be deemed necessary and |
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2| desirable; |
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3| 5. Provide for the formulation and adoption of curricula, |
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4|courses of study and other instructional aids necessary for the |
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5|adequate instruction of pupils in the public schools; |
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6| 6. Have authority in matters pertaining to the licensure and |
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7|certification of persons for instructional, supervisory and |
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8|administrative positions and services in the public schools of the |
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9|state subject to the provisions of Section 6-184 of this title, and |
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10|shall formulate rules governing the issuance and revocation of |
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11|certificates for superintendents of schools, principals, |
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12|supervisors, librarians, clerical employees, school nurses, school |
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13|bus drivers, visiting teachers, classroom teachers and for other |
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14|personnel performing instructional, administrative and supervisory |
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15|services, but not including members of boards of education and other |
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16|employees who do not work directly with pupils, and may charge and |
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17|collect reasonable fees for the issuance of such certificates: |
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18| a. the State Department of Education shall not issue a |
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19| certificate to and shall revoke the certificate of any |
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20| person who has been convicted, whether upon a verdict |
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21| or plea of guilty or upon a plea of nolo contendere, |
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22| or received a suspended sentence or any probationary |
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23| term for a crime or an attempt to commit a crime |
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24| provided for in Section 843.5 of Title 21 of the |
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1| Oklahoma Statutes if the offense involved sexual abuse |
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2| or sexual exploitation as those terms are defined in |
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3| Section 1-1-105 of Title 10A of the Oklahoma Statutes, |
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4| Section 741, 843.1, if the offense included sexual |
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5| abuse or sexual exploitation, 865 et seq., 885, 888, |
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6| 891, 1021, 1021.2, 1021.3, 1040.13a, 1087, 1088, |
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7| 1111.1, 1114 or 1123 of Title 21 of the Oklahoma |
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8| Statutes or who enters this state and who has been |
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9| convicted, received a suspended sentence or received a |
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10| deferred judgment for a crime or attempted crime |
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11| which, if committed or attempted in this state, would |
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12| be a crime or an attempt to commit a crime provided |
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13| for in any of said laws, |
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14| b. all funds collected by the State Department of |
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15| Education for the issuance of certificates to |
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16| instructional, supervisory and administrative |
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17| personnel in the public schools of the state shall be |
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18| deposited in the "Teachers' Certificate Fund" in the |
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19| State Treasury and may be expended by the State Board |
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20| of Education to finance the activities of the State |
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21| Department of Education necessary to administer the |
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22| program, for consultative services, publication costs, |
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23| actual and necessary travel expenses as provided in |
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24| the State Travel Reimbursement Act incurred by persons |
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1| performing research work, and other expenses found |
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2| necessary by the State Board of Education for the |
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3| improvement of the preparation and certification of |
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4| teachers in Oklahoma. Provided, any unobligated |
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5| balance in the Teachers' Certificate Fund in excess of |
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6| Ten Thousand Dollars ($10,000.00) on June 30 of any |
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7| fiscal year shall be transferred to the General |
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8| Revenue Fund of the State of Oklahoma. Until July 1, |
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9| 1997, the State Board of Education shall have |
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10| authority for approval of teacher education programs. |
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11| The State Board of Education shall also have authority |
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12| for the administration of teacher residency and |
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13| professional development, subject to the provisions of |
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14| the Oklahoma Teacher Preparation Act; |
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15| 7. Promulgate rules governing the classification, inspection, |
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16|supervision and accrediting of all public nursery, kindergarten, |
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17|elementary and secondary schools and on-site educational services |
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18|provided by public school districts or state-accredited private |
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19|schools in partial hospitalization programs, day treatment programs, |
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20|and day hospital programs as defined in this act for persons between |
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21|the ages of three (3) and twenty-one (21) years of age in the state. |
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22| However, no school shall be denied accreditation solely on the |
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23|basis of average daily attendance. |
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24| |
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1| Any school district which maintains an elementary school and |
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2|faces the necessity of relocating its school facilities because of |
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3|construction of a lake, either by state or federal authority, which |
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4|will inundate the school facilities, shall be entitled to receive |
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5|probationary accreditation from the State Board of Education for a |
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6|period of five (5) years after the effective date of this act and |
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7|any school district, otherwise qualified, shall be entitled to |
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8|receive probationary accreditation from the State Board of Education |
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9|for a period of two (2) consecutive years to attain the minimum |
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10|average daily attendance. The Head Start and public nurseries or |
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11|kindergartens operated from Community Action Program funds shall not |
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12|be subjected to the accrediting rules of the State Board of |
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13|Education. Neither will the State Board of Education make rules |
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14|affecting the operation of the public nurseries and kindergartens |
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15|operated from federal funds secured through Community Action |
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16|Programs even though they may be operating in the public schools of |
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17|the state. However, any of the Head Start or public nurseries or |
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18|kindergartens operated under federal regulations may make |
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19|application for accrediting from the State Board of Education but |
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20|will be accredited only if application for the approval of the |
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21|programs is made. The status of no school district shall be changed |
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22|which will reduce it to a lower classification until due notice has |
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23|been given to the proper authorities thereof and an opportunity |
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24| |
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1|given to correct the conditions which otherwise would be the cause |
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2|of such reduction. |
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3| Private and parochial schools may be accredited and classified |
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4|in like manner as public schools or, if an accrediting association |
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5|is approved by the State Board of Education, by procedures |
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6|established by the State Board of Education to accept accreditation |
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7|by such accrediting association, if application is made to the State |
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8|Board of Education for such accrediting; |
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9| 8. Be the legal agent of the State of Oklahoma to accept, in |
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10|its discretion, the provisions of any Act of Congress appropriating |
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11|or apportioning funds which are now, or may hereafter be, provided |
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12|for use in connection with any phase of the system of public |
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13|education in Oklahoma. It shall prescribe such rules as it finds |
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14|necessary to provide for the proper distribution of such funds in |
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15|accordance with the state and federal laws; |
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16| 9. Be and is specifically hereby designated as the agency of |
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17|this state to cooperate and deal with any officer, board or |
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18|authority of the United States Government under any law of the |
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19|United States which may require or recommend cooperation with any |
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20|state board having charge of the administration of public schools |
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21|unless otherwise provided by law; |
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22| 10. Be and is hereby designated as the "State Educational |
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23|Agency" referred to in Public Law 396 of the 79th Congress of the |
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24|United States, which law states that said act may be cited as the |
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1|"National School Lunch Act", and said State Board of Education is |
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2|hereby authorized and directed to accept the terms and provisions of |
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3|said act and to enter into such agreements, not in conflict with the |
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4|Constitution of Oklahoma or the Constitution and Statutes of the |
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5|United States, as may be necessary or appropriate to secure for the |
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6|State of Oklahoma the benefits of the school lunch program |
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7|established and referred to in said act; |
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8| 11. Have authority to secure and administer the benefits of the |
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9|National School Lunch Act, Public Law 396 of the 79th Congress of |
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10|the United States, in the State of Oklahoma and is hereby authorized |
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11|to employ or appoint and fix the compensation of such additional |
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12|officers or employees and to incur such expenses as may be necessary |
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13|for the accomplishment of the above purpose, administer the |
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14|distribution of any state funds appropriated by the Legislature |
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15|required as federal matching to reimburse on children's meals; |
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16| 12. Accept and provide for the administration of any land, |
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17|money, buildings, gifts, donation or other things of value which may |
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18|be offered or bequeathed to the schools under the supervision or |
| |
19|control of said Board; |
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20| 13. Have authority to require persons having administrative |
| |
21|control of all school districts in Oklahoma to make such regular and |
| |
22|special reports regarding the activities of the schools in said |
| |
23|districts as the Board may deem needful for the proper exercise of |
| |
24|its duties and functions. Such authority shall include the right of |
| |
arsid14224768 House Action _________________ Date _________ Page 17
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1|the State Board of Education to withhold all state funds under its |
| |
2|control, to withhold official recognition, including accrediting, |
| |
3|until such required reports have been filed and accepted in the |
| |
4|office of said Board and to revoke the certificates of persons |
| |
5|failing or refusing to make such reports; |
| |
6| 14. Have general supervision of the school lunch program. The |
| |
7|State Board of Education may sponsor workshops for personnel and |
| |
8|participants in the school lunch program and may develop, print and |
| |
9|distribute free of charge or sell any materials, books and bulletins |
| |
10|to be used in such school lunch programs. There is hereby created |
| |
11|in the State Treasury a revolving fund for the Board, to be |
| |
12|designated the School Lunch Workshop Revolving Fund. The fund shall |
| |
13|consist of all fees derived from or on behalf of any participant in |
| |
14|any such workshop sponsored by the State Board of Education, or from |
| |
15|the sale of any materials, books and bulletins, and such funds shall |
| |
16|be disbursed for expenses of such workshops and for developing, |
| |
17|printing and distributing of such materials, books and bulletins |
| |
18|relating to the school lunch program. The fund shall be |
| |
19|administered in accordance with Section 155 of Title 62 of the |
| |
20|Oklahoma Statutes; |
| |
21| 15. Prescribe all forms for school district and county officers |
| |
22|to report to the State Board of Education where required. The State |
| |
23|Board of Education shall also prescribe a list of appropriation |
| |
24|accounts by which the funds of school districts shall be budgeted, |
| |
arsid14224768 House Action _________________ Date _________ Page 18
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1|accounted for and expended; and it shall be the duty of the State |
| |
2|Auditor and Inspector in prescribing all budgeting, accounting and |
| |
3|reporting forms for school funds to conform to such lists; |
| |
4| 16. Provide for the establishment of a uniform system of pupil |
| |
5|and personnel accounting, records and reports; |
| |
6| 17. Have authority to provide for the health and safety of |
| |
7|school children and school personnel while under the jurisdiction of |
| |
8|school authorities; |
| |
9| 18. Provide for the supervision of the transportation of |
| |
10|pupils; |
| |
11| 19. Have authority, upon request of the local school board, to |
| |
12|act in behalf of the public schools of the state in the purchase of |
| |
13|transportation equipment; |
| |
14| 20. Have authority and is hereby required to perform all duties |
| |
15|necessary to the administration of the public school system in |
| |
16|Oklahoma as specified in the Oklahoma School Code; and, in addition |
| |
17|thereto, those duties not specifically mentioned herein if not |
| |
18|delegated by law to any other agency or official; |
| |
19| 21. Administer the State Public Common School Building |
| |
20|Equalization Fund established by Section 32 of Article X of the |
| |
21|Oklahoma Constitution. Any monies as may be appropriated or |
| |
22|designated by the Legislature, other than ad valorem taxes, any |
| |
23|other funds identified by the State Department of Education, which |
| |
24|may include, but not be limited to, grants-in-aid from the federal |
| |
arsid14224768 House Action _________________ Date _________ Page 19
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1|government for building purposes, the proceeds of all property that |
| |
2|shall fall to the state by escheat, penalties for unlawful holding |
| |
3|of real estate by corporations, and capital gains on assets of the |
| |
4|permanent school funds, shall be deposited in the State Public |
| |
5|Common School Building Equalization Fund. The fund shall be used to |
| |
6|aid school districts and charter schools in acquiring buildings, |
| |
7|subject to the limitations fixed by Section 32 of Article X of the |
| |
8|Oklahoma Constitution. It is hereby declared that the term |
| |
9|"acquiring buildings" as used in Section 32 of Article X of the |
| |
10|Oklahoma Constitution shall mean acquiring or improving school |
| |
11|sites, constructing, repairing, remodeling or equipping buildings, |
| |
12|or acquiring school furniture, fixtures, or equipment. It is hereby |
| |
13|declared that the term "school districts" as used in Section 32 of |
| |
14|Article X of the Oklahoma Constitution shall mean school districts |
| |
15|and eligible charter schools as defined in subsection B of this |
| |
16|section. The State Board of Education shall disburse redbud school |
| |
17|grants annually from the State Public Common School Building |
| |
18|Equalization Fund to public schools and eligible charter schools |
| |
19|pursuant to subsection B of this section. The Board shall |
| |
20|promulgate rules for the implementation of disbursing redbud school |
| |
21|grants pursuant to this section. The State Board of Education shall |
| |
22|prescribe rules for making grants of aid from, and for otherwise |
| |
23|administering, the fund pursuant to the provisions of this |
| |
24|paragraph, and may employ and fix the duties and compensation of |
| |
arsid14224768 House Action _________________ Date _________ Page 20
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1|technicians, aides, clerks, stenographers, attorneys and other |
| |
2|personnel deemed necessary to carry out the provisions of this |
| |
3|paragraph. The cost of administering the fund shall be paid from |
| |
4|monies appropriated to the State Board of Education for the |
| |
5|operation of the State Department of Education. From monies |
| |
6|apportioned to the fund, the State Department of Education may |
| |
7|reserve not more than one-half of one percent (1/2 of 1%) for |
| |
8|purposes of administering the fund; |
| |
9| 22. Recognize that the Director of the Oklahoma Department of |
| |
10|Corrections shall be the administrative authority for the schools |
| |
11|which are maintained in the state reformatories and shall appoint |
| |
12|the principals and teachers in such schools. Provided, that rules |
| |
13|of the State Board of Education for the classification, inspection |
| |
14|and accreditation of public schools shall be applicable to such |
| |
15|schools; and such schools shall comply with standards set by the |
| |
16|State Board of Education; and |
| |
17| 23. Have authority to administer a revolving fund which is |
| |
18|hereby created in the State Treasury, to be designated the |
| |
19|Statistical Services Revolving Fund. The fund shall consist of all |
| |
20|monies received from the various school districts of the state, the |
| |
21|United States Government, and other sources for the purpose of |
| |
22|furnishing or financing statistical services and for any other |
| |
23|purpose as designated by the Legislature. The State Board of |
| |
24|Education is hereby authorized to enter into agreements with school |
| |
arsid14224768 House Action _________________ Date _________ Page 21
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1|districts, municipalities, the United States Government, foundations |
| |
2|and other agencies or individuals for services, programs or research |
| |
3|projects. The Statistical Services Revolving Fund shall be |
| |
4|administered in accordance with Section 155 of Title 62 of the |
| |
5|Oklahoma Statutes. |
| |
6| B. 1. The redbud school grants shall be determined by the |
| |
7|State Department of Education as follows: |
| |
8| a. divide the county four-mill levy revenue by four to |
| |
9| determine the nonchargeable county four-mill revenue |
| |
10| for each school district, |
| |
11| b. determine the amount of new revenue generated by the |
| |
12| five-mill building fund levy as authorized by Section |
| |
13| 10 of Article X of the Oklahoma Constitution for each |
| |
14| school district as reported in the Oklahoma Cost |
| |
15| Accounting System for the preceding fiscal year, |
| |
16| c. add the amounts calculated in subparagraphs a and b |
| |
17| of this paragraph to determine the nonchargeable |
| |
18| millage for each school district, |
| |
19| d. add the nonchargeable millage in each district |
| |
20| statewide as calculated in subparagraph c of this |
| |
21| paragraph and divide the total by the average daily |
| |
22| membership in public schools statewide based on the |
| |
23| preceding school year's average daily membership, |
| |
24| according to the provisions of Section 18-107 of this |
| |
arsid14224768 House Action _________________ Date _________ Page 22
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1| title. This amount is the statewide nonchargeable |
| |
2| millage per student, known as the baseline local |
| |
3| funding per student, |
| |
4| e. all eligible charter schools shall be included in |
| |
5| these calculations as unique school districts, |
| |
6| separate from the school district that may sponsor the |
| |
7| eligible charter school, and the total number of |
| |
8| districts shall be used to determine the statewide |
| |
9| average baseline local funding per student, |
| |
10| f. for each school district or eligible charter school |
| |
11| which is below the baseline local funding per student, |
| |
12| the Department shall subtract the baseline local |
| |
13| funding per student from the average nonchargeable |
| |
14| millage per student of the school district or eligible |
| |
15| charter school to determine the nonchargeable millage |
| |
16| per student shortfall for each district, and |
| |
17| g. the nonchargeable millage per student shortfall for a |
| |
18| school district or eligible charter school shall be |
| |
19| multiplied by the average daily membership of the |
| |
20| preceding school year of the eligible school district |
| |
21| or eligible charter school. This amount shall be the |
| |
22| redbud school grant amount for the school district or |
| |
23| eligible charter school. |
| |
24| |
| |
arsid14224768 House Action _________________ Date _________ Page 23
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1| 2. For fiscal year 2022, monies for the redbud school grants |
| |
2|shall be expended from the funds apportioned pursuant to Section 2 |
| |
3|426 of this act Title 63 of the Oklahoma Statutes. For fiscal year |
| |
4|2023 and each subsequent fiscal year, monies for the redbud school |
| |
5|grants shall be appropriated apportioned pursuant to Section 2 426 |
| |
6|of this act, not to exceed three-fourths (3/4) of the tax collected |
| |
7|in the preceding fiscal year pursuant to Section 426 of Title 63 of |
| |
8|the Oklahoma Statutes as determined by the Oklahoma Tax Commission. |
| |
9|For fiscal year 2023 and each subsequent fiscal year, if such |
| |
10|appropriated funds are insufficient to fund the redbud school |
| |
11|grants, then an additional apportionment of funds shall be made from |
| |
12|sales tax collections as provided by subsection D of Section 3 of |
| |
13|this act Title 63 of the Oklahoma Statutes. If both funds are the |
| |
14|apportionment is insufficient, the Department shall promulgate rules |
| |
15|to permit a decrease to the baseline local funding per student to |
| |
16|the highest amount allowed with the funding available. |
| |
17| 3. As used in this section, "eligible charter school" shall |
| |
18|mean a charter school which is sponsored pursuant to the provisions |
| |
19|of the Oklahoma Charter School Act. Provided, however, "eligible |
| |
20|charter school" shall not include a charter school sponsored by the |
| |
21|Statewide Virtual Charter School Board but shall only include those |
| |
22|which provide in-person or blended instruction, as provided by |
| |
23|Section 1-111 of this title, to not less than two-thirds (2/3) of |
| |
24|students as the primary means of instructional service delivery. |
| |
arsid14224768 House Action _________________ Date _________ Page 24
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1| 4. The Department shall develop a program to acknowledge the |
| |
2|redbud school grant recipients and shall include elected members of |
| |
3|the Oklahoma House of Representatives and Oklahoma State Senate who |
| |
4|represent the school districts and eligible charter schools. |
| |
5| 5. The Department shall create a dedicated page on its website |
| |
6|listing annual redbud school grant recipients, amount awarded to |
| |
7|each recipient and other pertinent information about the Redbud |
| |
8|School Funding Act. |
| |
9| 6. The Department shall provide the Chair of the House |
| |
10|Appropriations and Budget Committee and the Chair of the Senate |
| |
11|Appropriations Committee no later than February 1 of each year with |
| |
12|an estimate of the upcoming year's redbud school grant allocation as |
| |
13|prescribed by this section. |
| |
14| SECTION 5. REPEALER Section 1 of Enrolled House Bill No. |
| |
15|3530 of the 2nd Session of the 58th Oklahoma Legislature, is hereby |
| |
16|repealed. |
| |
17| SECTION 6. This act shall become effective July 1, 2022. |
| |
18| SECTION 7. It being immediately necessary for the preservation |
| |
19|of the public peace, health or safety, an emergency is hereby |
| |
20|declared to exist, by reason whereof this act shall take effect and |
| |
21|be in full force from and after its passage and approval. |
| |
22| |
| |
23| 58-2-11518 EK 05/10/22 |
| |
24| |
| |
arsid14224768 House Action _________________ Date _________ Page 25
