Bill Text For SB0001 - House Floor Version

 1|              HOUSE OF REPRESENTATIVES - FLOOR VERSION                 |
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 2|                          STATE OF OKLAHOMA                            |
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 3|             1st Session of the 57th Legislature (2019)                |
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 4|ENGROSSED SENATE                                                       |
  |BILL NO. 1                           By: Treat, Allen and Montgomery   |
 5|                                         of the Senate                 |
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 6|                                         and                           |
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 7|                                         McCall, Lepak and Gann of     |
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11|       An Act relating to public finance; creating the                 |
  |       Legislative Office of Fiscal Transparency (LOFT);               |
12|       specifying purpose and duties; providing for payment            |
  |       of expenses of Office; creating oversight committee;            |
13|       providing for membership, co-chairs, quorum and                 |
  |       meetings thereof; specifying certain powers and                 |
14|       duties of oversight committee; providing procedures             |
  |       for conduct of performance evaluations; defining                |
15|       term; requiring coordination with work of Agency                |
  |       Performance and Accountability Commission; specifying           |
16|       duty of state agencies and institutions; providing              |
  |       for confidentiality of certain records; requiring               |
17|       certain reports and recommendations; providing for              |
  |       codification; and declaring an emergency.                       |
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20|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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21|    SECTION 1.     NEW LAW     A new section of law to be codified     |
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22|in the Oklahoma Statutes as Section 8011 of Title 62, unless there     |
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23|is created a duplication in numbering, reads as follows:               |
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arsid1013519 SB1 HFLR                                              Page 1
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 1|    A.  There is hereby created within the Legislature the             |
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 2|Legislative Office of Fiscal Transparency (LOFT).  The purpose of      |
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 3|the Office shall be to assist the Legislature in performing its        |
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 4|constitutional and statutory function of ensuring that government      |
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 5|funds are expended in a fiscally responsible manner.                   |
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 6|    B.  The operations of the Office shall be overseen by the          |
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 7|committee created in Section 3 of this act.  The committee shall       |
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 8|employ an Executive Director and such other staff as it may deem       |
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 9|necessary to carry out its duties as set forth in this act.            |
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10|    C.  All expenses of the Office shall be paid by the Legislative    |
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11|Service Bureau, subject to the approval of the President Pro Tempore   |
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12|of the Senate and the Speaker of the House of Representatives.         |
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13|Employees of the Office shall be employed by the Legislative Service   |
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14|Bureau.                                                                |
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15|    SECTION 2.     NEW LAW     A new section of law to be codified     |
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16|in the Oklahoma Statutes as Section 8012 of Title 62, unless there     |
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17|is created a duplication in numbering, reads as follows:               |
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18|    A.  The Legislative Office of Fiscal Transparency shall conduct    |
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19|performance evaluations.  The oversight committee created in Section   |
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20|3 of this act shall periodically identify specific executive branch    |
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21|agencies, or programs, activities or functions within executive        |
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22|branch agencies, for which the Office shall conduct a performance      |
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23|evaluation.  As used in this act, "performance evaluation" means an    |
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24|examination of a program, activity or function of an executive         |
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arsid1013519 SB1 HFLR                                              Page 2
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 1|branch agency, conducted in accordance with applicable government      |
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 2|auditing standards or auditing and evaluation standards of other       |
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 3|appropriate authoritative bodies.  The term includes, but is not       |
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 4|limited to, an examination of issues related to:                       |
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 5|    1.  Economy, efficiency or effectiveness of the agency or          |
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 6|program, including any revenue sources used to fund or support the     |
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 7|agency or program;                                                     |
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 8|    2.  Structure or design of the agency or program to accomplish     |
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 9|its goals and objectives;                                              |
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10|    3.  Adequacy of the agency or program to meet the needs or         |
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11|policy goals identified by the Legislature;                            |
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12|    4.  Alternative methods of providing agency or program services    |
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13|or products;                                                           |
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14|    5.  Goals, objectives and performance measures used by the         |
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15|agency to monitor and report agency or program accomplishments;        |
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16|    6.  The accuracy or adequacy of public documents, reports or       |
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17|requests prepared by or in relation to the agency or program;          |
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18|    7.  Compliance with appropriate policies, rules or laws related    |
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19|to the agency or program; and                                          |
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20|    8.  Any other issues related to such agencies or programs as       |
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21|directed by the oversight committee.                                   |
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22|    B.  The oversight committee shall monitor the work of the Agency   |
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23|Performance and Accountability Commission and shall ensure that its    |
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24|efforts do not duplicate the independent comprehensive performance     |
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arsid1013519 SB1 HFLR                                              Page 3
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 1|audits required in Section 8003 of Title 62 of the Oklahoma            |
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 2|Statutes; provided, if such an audit results in a finding that the     |
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 3|oversight committee determines merits additional review, it may        |
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 4|direct the Office to do so.                                            |
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 5|    SECTION 3.     NEW LAW     A new section of law to be codified     |
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 6|in the Oklahoma Statutes as Section 8013 of Title 62, unless there     |
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 7|is created a duplication in numbering, reads as follows:               |
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 8|    A.  There is hereby created within the Legislature a committee     |
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 9|to oversee the operations of the Legislative Office of Fiscal          |
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10|Transparency.  The committee shall consist of twelve (12) members,     |
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11|as follows:                                                            |
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12|    1.  The chair of the Senate Committee on Appropriations;           |
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13|    2.  The chair of the Senate Committee on Finance;                  |
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14|    3.  The chair of the House Committee on Appropriations and         |
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15|Budget;                                                                |
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16|    4.  The chair of the House Subcommittee on Finance;                |
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17|    5.  Four members of the Senate, at least two of whom shall be      |
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18|members of the minority party, to be appointed by the President Pro    |
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19|Tempore of the Senate; and                                             |
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20|    6.  Four members of the House of Representatives, at least two     |
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21|of whom shall be members of the minority party, to be appointed by     |
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22|the Speaker of the House of Representatives.                           |
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23|    B.  The President Pro Tempore of the Senate and the Speaker of     |
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24|the House of Representatives shall each designate a co-chair of the    |
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arsid1013519 SB1 HFLR                                              Page 4
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 1|oversight committee from among the members from their respective       |
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 2|houses.                                                                |
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 3|    C.  A quorum of the oversight committee shall consist of at        |
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 4|least seven members; provided, any action by the oversight committee   |
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 5|shall require the vote of at least four members from each house of     |
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 6|the Legislature.  The agenda for each meeting shall be set by the      |
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 7|co-chairs and shall be made available to the public, by posting on     |
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 8|the Senate and House websites, at least forty-eight (48) hours prior   |
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 9|to the time of the meeting.  Meetings of the oversight committee       |
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10|shall be open to the public; provided, the committee may vote to       |
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11|convene in executive session for the sole purpose of discussing any    |
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12|matter specifically made confidential by law.  Members of the          |
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13|oversight committee shall receive reimbursement for actual and         |
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14|necessary expenses incurred in connection with their duties as         |
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15|members in accordance with other provisions of law relating to         |
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16|travel reimbursement for members of the Legislature.                   |
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17|    D.  The members and co-chairs of the oversight committee shall     |
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18|be appointed no later than July 1, 2019, and the oversight committee   |
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19|shall hold its first meeting no later than August 1, 2019.             |
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20|    SECTION 4.     NEW LAW     A new section of law to be codified     |
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21|in the Oklahoma Statutes as Section 8014 of Title 62, unless there     |
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22|is created a duplication in numbering, reads as follows:               |
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23|    A.  Each agency or institution of the state shall, upon request,   |
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24|furnish and make available to the Legislative Office of Fiscal         |
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arsid1013519 SB1 HFLR                                              Page 5
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 1|Transparency all records, documents, materials, personnel,             |
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 2|information or other resources as the Office deems necessary to        |
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 3|conduct performance evaluations as required by this act.  Any          |
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 4|record, document, material or other information made confidential by   |
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 5|law shall be provided to the Office, which shall also maintain such    |
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 6|confidentiality.  All records, documents, materials or other           |
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 7|information of the Office shall be deemed to be a record of the        |
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 8|Legislature.                                                           |
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 9|    B.  Each state agency and other affected persons shall cooperate   |
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10|with the oversight committee and the Office in the providing of any    |
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11|information requested.  The oversight committee shall have the power   |
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12|to conduct hearings, administer oaths, issue subpoenas and compel      |
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13|the attendance of witnesses and the production of information as       |
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14|provided in Section 773 of Title 74 of the Oklahoma Statutes.          |
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15|    SECTION 5.     NEW LAW     A new section of law to be codified     |
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16|in the Oklahoma Statutes as Section 8015 of Title 62, unless there     |
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17|is created a duplication in numbering, reads as follows:               |
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18|    The Legislative Office of Fiscal Transparency shall prepare and    |
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19|submit to the oversight committee a report of its findings for each    |
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20|performance evaluation conducted.  Such reports shall be available     |
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21|to the public, other than with respect to any information or           |
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22|material made confidential by law.  The oversight committee may make   |
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23|recommendations to the agency evaluated, or to the Legislature and     |
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24|the Governor, for further action as it deems necessary, and may        |
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arsid1013519 SB1 HFLR                                              Page 6
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 1|direct the Office to monitor and report on implementation of such      |
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 2|recommendations.                                                       |
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 3|    SECTION 6.  It being immediately necessary for the preservation    |
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 4|of the public peace, health or safety, an emergency is hereby          |
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 5|declared to exist, by reason whereof this act shall take effect and    |
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 6|be in full force from and after its passage and approval.              |
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 8|DIRECT TO CALENDAR.                                                    |
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arsid1013519 SB1 HFLR                                              Page 7
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