STATE OF OKLAHOMA

1st Session of the 54th Legislature (2013)

SENATE BILL 337	By:	Ivester

AS INTRODUCED

An Act relating to public finance; amending 62 O.S. 2011, Section 34.56, as amended by Section 383, Chapter 304, O.S.L. 2012 (62 O.S. Supp. 2012, Section 34.56), which relates to the special agency account board; eliminating applicability of Oklahoma Sunset Law; authorizing additional purpose for approval of agency special accounts; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     62 O.S. 2011, Section 34.56, as amended by Section 383, Chapter 304, O.S.L. 2012 (62 O.S. Supp. 2012, Section 34.56), is amended to read as follows:
Section 34.56.  A.  There is hereby re-created, to continue until July 1, 2008, in accordance with the provisions of the Oklahoma Sunset Law, created 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.
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.
C.  The Board may approve agency special accounts for money received by state agencies for the following purposes:
1.  Benefit programs for individuals, including, but not limited to, unemployment compensation, workers' compensation and state retirement programs;
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;
3.  Gifts, devises and bequests with an agency as beneficiary, unless otherwise provided by statute;
4.  Evidence funds for law enforcement agencies;
5.  Student loan funds and scholarship funds;
6.  Funds held in escrow;
7.  Land Commission funds;
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;
9.  Funds used by the Oklahoma Tax Commission to pay for the filing of liens with the Federal Aviation Administration;
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;
11.  Payment of liability claims against the state;
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
13.  Payment of expenses incurred in connection with the acceptance of payments made with nationally recognized credit cards; and
14.  Payment of expenses by an institution of higher education, where such expense is shared by more than one department.
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.
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.
F.  Funds and revenues of the Grand River Dam Authority are exempt from the requirements of this section.
G.  Funds and revenues of the Oklahoma Municipal Power Authority are exempt from the requirements of this section.
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.
SECTION 2.  This act shall become effective November 1, 2013.

54-1-704	 JCR	1/14/2013 2:26:08 PM