1| SENATE FLOOR VERSION | | February 22, 2023 | 2| | | | 3|SENATE BILL NO. 495 By: McCortney of the Senate | | | 4| and | | | 5| Lowe (Dick) of the House | | | 6| | | | 7| | | | 8| An Act relating to unfunded mandates; defining term; | | prohibiting certain mandates; stating standards for | 9| what are considered unfunded mandates; providing for | | unenforceability without adequate funding; providing | 10| for codification; and providing an effective date. | | | 11| | | | 12| | | | 13|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | | | 14| SECTION 1. NEW LAW A new section of law to be codified | | | 15|in the Oklahoma Statutes as Section 13001 of Title 74, unless there | | | 16|is created a duplication in numbering, reads as follows: | | | 17| A. As used in this section, "unfunded mandate" means any act, | | | 18|law, order, decision, policy, or official action implemented by the | | | 19|Legislature, state agency, department, or commission that mandates a | | | 20|political subdivision, by action or inaction, to expend funds to | | | 21|implement or eliminate any policy, ordinance, programs, or | | | 22|activities without being fully appropriated. | | | 23| B. The Legislature, state agency, department, or commission | | | 24|shall not implement any mandate to any political subdivision of this | | | arsid1252326 SENATE FLOOR VERSION - SB495 SFLR Page 1 ___________________________________________________________________________
1|state, unless a specific appropriation is made to fully fund the | | | 2|political subdivision for all costs related to the mandate. If no | | | 3|appropriation is made to the political subdivisions, the mandate | | | 4|shall be considered an unfunded mandate and unenforceable. Any | | | 5|financial impact of any size determined to exist by the political | | | 6|subdivision shall be sufficient to deem an unfunded mandate. | | | 7|Financial increases related to clerical work, office supplies, and | | | 8|creating and submitting reports shall be exempted from this act. | | | 9| SECTION 2. This act shall become effective November 1, 2023. | | | 10|COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS | |February 22, 2023 - DO PASS | 11| | | | 12| | | | 13| | | | 14| | | | 15| | | | 16| | | | 17| | | | 18| | | | 19| | | | 20| | | | 21| | | | 22| | | | 23| | | | 24| | | | arsid1252326 SENATE FLOOR VERSION - SB495 SFLR Page 2