1 ENGROSSED SENATE AMENDMENT
TO
2 ENGROSSED HOUSE
BILL NO. 1162 By: Benge and Miller of the
3 House
4 and
5 Crutchfield, Johnson
(Mike), Adelson and Myers
6 of the Senate
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9 ( Department of Corrections – appropriation –
10 effective date –
11 emergency )
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13 AMENDMENT NO. 1. Page 1, strike the stricken title, enacting
clause and entire bill and insert
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“An Act relating to the Department of Corrections;
15 making an appropriation; stating purpose; making
appropriation nonfiscal; making appropriation exempt
16 from certain agency category and budget limits; and
declaring an emergency.
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18 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
19 SECTION 1. There is hereby appropriated to the Department of
20 Corrections from any monies not otherwise appropriated from the
21 General Revenue Fund of the State Treasury for the fiscal year
22 ending June 30, 2006, the sum of Twenty-three Million Dollars
23 ($23,000,000.00) or so much thereof as may be necessary to perform
24 the duties imposed upon the Department of Corrections by law.
1 SECTION 2. The appropriation made by this act shall not be
2 subject to fiscal year limitations and shall be available for
3 encumbrance and expenditure purposes for a period of thirty (30)
4 months from the date this act is approved.
5 SECTION 3. The appropriation made by this act shall not be
6 subject to fiscal years 2007 and 2008 agency category and budget
7 limits.
8 SECTION 4. It being immediately necessary for the preservation
9 of the public peace, health and safety, an emergency is hereby
10 declared to exist, by reason whereof this act shall take effect and
11 be in full force from and after its passage and approval.”
12 Passed the Senate the 11th day of April, 2007.
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14 Presiding Officer of the Senate
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Passed the House of Representatives the ____ day of __________,
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2007.
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19 Presiding Officer of the House
of Representatives
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ENGR. S. A. TO ENGR. H. B. NO. 1162 Page 2
1 ENGROSSED HOUSE
BILL NO. 1162 By: Benge and Miller of the
2 House
3 and
4 Crutchfield, Johnson
(Mike), Adelson and Myers
5 of the Senate
6
7
8
9 ( Department of Corrections – appropriation –
10 effective date –
11 emergency )
12
13
14 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
15 SECTION 1. There is hereby appropriated to the Department of
16 Corrections from any monies not otherwise appropriated from the
17 General Revenue Fund of the State Treasury for the fiscal year
18 ending June 30, 2008, the sum of ______________ Dollars ($0.00) or
19 so much thereof as may be necessary to perform the duties imposed
20 upon the Department of Corrections by law.
21 SECTION 2. For the fiscal year ending June 30, 2008, the
22 Department of Corrections shall budget all funds in the following
23 categories and amounts:
24 Category Appropriation Total
1 General Operations $0.00 $0.00
2 Central Office Operations 0.00 0.00
3 Regional Office Operations 0.00 0.00
4 Medical Services 0.00 0.00
5 Prison Operations 0.00 0.00
6 Contracted Services 0.00 0.00
7 Community Corrections 0.00 0.00
8 Community Sentencing 0.00 0.00
9 Offender Programs 0.00 0.00
10 Prison Industries 0.00 0.00
11 TOTAL $0.00 $0.00
12 The agency shall develop outcome-based performance measures for
13 each budget category.
14 SECTION 3. The duties and compensation of employees, not
15 otherwise prescribed by law, necessary to perform the duties imposed
16 upon the Department of Corrections by law shall be set by the
17 Director of the Department of Corrections. The salary of the
18 Director of the Department of Corrections shall not exceed
19 _____________ Dollars ($0.00) per annum, payable monthly for the
20 fiscal year ending June 30, 2008. The Department of Corrections for
21 the fiscal year ending June 30, 2008, shall be subject to the
22 following budgetary limitations on full-time-equivalent employees
23 and expenditures excluding expenditures for capital and special
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ENGR. H. B. NO. 1162 Page 2
1 projects, except as may be authorized pursuant to the provisions of
2 Section 3603 of Title 74 of the Oklahoma Statutes:
3 Budgetary Limitation Amount
4 Full-time-equivalent Employees 0.0
5 Lease-Purchase Agreements $0.00
6 SECTION 4. The Department of Corrections is hereby authorized
7 to enter into an agreement with the state agencies to utilize prison
8 inmates for construction projects subject to written restrictions
9 and conditions regarding security classification and other matters
10 related to the control of inmates and public safety. Before
11 utilizing inmates, the Department of Corrections shall enter into a
12 written agreement concerning, but not limited to, liability,
13 funding, pay, public security and transportation. Provided further,
14 that prison inmates shall not be used to replace any current state
15 agency employees.
16 SECTION 5. Appropriations made by this act, not including
17 appropriations made for capital outlay purposes, may be budgeted for
18 the fiscal year ending June 30, 2008 (hereafter FY-08) or may be
19 budgeted for the fiscal year ending June 30, 2009 (hereafter FY-09).
20 Funds budgeted for FY-08 may be encumbered only through June 30,
21 2008, and must be expended by November 15, 2008. Any funds
22 remaining after November 15, 2008, and not budgeted for FY-09, shall
23 lapse to the credit of the proper fund for the then current fiscal
24 year. Funds budgeted for FY-09 may be encumbered only through June
ENGR. H. B. NO. 1162 Page 3
1 30, 2009. Any funds remaining after November 15, 2009, shall lapse
2 to the credit of the proper fund for the then current fiscal year.
3 These appropriations may not be budgeted in both fiscal years
4 simultaneously. Funds budgeted in FY-08, and not required to pay
5 obligations for that fiscal year, may be budgeted for FY-09, after
6 the agency to which the funds have been appropriated has prepared
7 and submitted a budget work program revision removing these funds
8 from the FY-08 budget work program and after such revision has been
9 approved by the Office of State Finance.
10 SECTION 6. This act shall become effective July 1, 2007.
11 SECTION 7. It being immediately necessary for the preservation
12 of the public peace, health and safety, an emergency is hereby
13 declared to exist, by reason whereof this act shall take effect and
14 be in full force from and after its passage and approval.
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ENGR. H. B. NO. 1162 Page 4
1 Passed the House of Representatives the 12th day of February,
2 2007.
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5 Presiding Officer of the House of
Representatives
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7 Passed the Senate the ____ day of __________, 2007.
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10 Presiding Officer of the Senate
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ENGR. H. B. NO. 1162 Page 5