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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 1351 By: Gann
AS INTRODUCED
An Act relating to public finance; creating the
Defending the Integrity of the Appropriations Process
and the Verbal Earmarks Transparency Act of 2025;
amending 62 O.S. 2021, Section 34.42, as amended by
Section 1, Chapter 113, O.S.L. 2024 (62 O.S. Supp.
2024, Section 34.42), which relates to budget work
programs; requiring executive officer to certify
agency compliance; requiring certain disclosure by
executive officer; providing requirements of
disclosure; defining term; providing for
noncodification; providing for codification; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law not to be
codified in the Oklahoma Statutes reads as follows:
This section shall be known and may be cited as the "Defending
the Integrity of the Appropriations Process and the Verbal Earmarks
Transparency Act of 2025".
SECTION 2. AMENDATORY 62 O.S. 2021, Section 34.42, as
amended by Section 1, Chapter 113, O.S.L. 2024 (62 O.S. Supp. 2024,
Section 34.42), is amended to read as follows:
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Section 34.42. A. On or before the first day of June in each
year, or as soon thereafter as possible, all agencies shall file
agency budgets with the Director of the Office of Management and
Enterprise Services. Copies of all agency budgets shall also be
made available electronically to the staff of the Joint Legislative
Committee on Budget and Program Oversight.
B. The required instructions, content and format of agency
budgets shall be developed by the staff of the Budget Division of
the Office of Management and Enterprise Services.
C. 1. The agency budget shall include a description of all
funds available to the agency for expenditure and set out allotments
requested by the agency by quarter and the entire fiscal year.
2. The agency budget shall be accompanied by an organizational
chart of the agency, a statement of agency mission and program
objectives.
3. The agency budget shall delineate agency spending by such
categories and with at least as much detail as is specified in the
legislative appropriation and as prescribed by the Director of the
Office of Management and Enterprise Services.
4. Agency budgets shall be signed by the executive officer of
each agency.
5. The executive officer shall certify that the agency is in
complete compliance with the requirements of Section 34.11.3 of this
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title and Section 3-114 of Title 65 of the Oklahoma Statutes 3 of
this act.
D. A "request officer" shall be designated by each state agency
for the purpose of making program and allotment requests.
E. Executive officers of agencies shall cooperate with the
Office of Management and Enterprise Services staff and Joint
Committee staff in developing program budgeting categories.
F. All funds available or expected to be made available to any
agency, including nonfiscal appropriations, shall not be available
for expenditure until the request officer of the agency has complied
with the applicable provisions of the Oklahoma State Finance Act and
has received approval of such request for funds from the Director of
the Office of Management and Enterprise Services.
G. The provisions of this section shall not apply to CompSource
Oklahoma if CompSource Oklahoma is operating pursuant to a pilot
program authorized by Sections 3316 and 3317 of Title 74 of the
Oklahoma Statutes.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 34.42.2 of Title 62, unless
there is created a duplication in numbering, reads as follows:
A. An agency executive officer shall disclose, within seventy-
two (72) hours, his or her awareness of any communication that
occurs between a member of the Legislature, or an employee of the
same, and the executive officer or an agency employee, during which
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the legislator or employee suggests the manner in which state funds
should be expended. Such disclosure shall be made with the State
Ethics Commission and shall be posted to the Commission's website.
The disclosure shall include, at a minimum, but not be limited to,
the approximate time and date of the communication, the nature of
the suggested expenditure, and the identity of the legislator or
employee proffering the suggestion.
B. For purposes of this section, "executive officer" means the
director of any office, officer, bureau, board, counsel, court,
commission, institution, unit, division, body or house of the
executive or judicial branches of the state government, whether
elected or appointed, excluding political subdivisions of the state,
the State Legislature, and the Office of the Governor.
SECTION 4. This act shall become effective November 1, 2025.
60-1-10540 MAH 12/26/24