ENROLLED HOUSE
BILL NO. 1883	By:	Armes of the House

			and

		Ford of the Senate

An Act relating to public lands; amending 64 O.S. 2011, Section 1011, as amended by Section 1, Chapter 114, O.S.L. 2012 (64 O.S. Supp. 2012, Section 1011), which relates to the Commissioners of the Land Office Revolving Fund; modifying source of funding; allowing the Secretary of the Land Office to designate the addition of certain funds; modifying uses of the fund; deleting certain administration duties of the Director of Accounting for the Land Office; amending 64 O.S. 2011, Section 1029, which relates to Cash Journal requirements; providing procedures for holding and safeguarding certain deposits; requiring the return of deposits within certain time period; amending 64 O.S. 2011, Section 1035, which relates to duties of the Accounting Division; modifying contents of monthly statements; amending 64 O.S. 2011, Section 1069, as amended by Section 2, Chapter 114, O.S.L. 2012 (64 O.S. Supp. 2012, Section 1069), which relates to bonuses, royalties and delayed rental income; allowing certain other designated income to be distributed; amending 74 O.S. 2011, Section 3105, which relates to information to be included in certain publications; exempting certain publications produced by the Commissioners of the Land Office; repealing 64 O.S. 2011, Section 1028, which relates to loan and investment office numbers; repealing 64 O.S. 2011, Section 1077, which relates to payment of certain income to the State Treasurer; repealing 64 O.S. 2011, Section 1080, which relates to authority to make certain investments; and declaring an emergency.

SUBJECT:  Public lands

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

SECTION 1.     AMENDATORY     64 O.S. 2011, Section 1011, as amended by Section 1, Chapter 114, O.S.L. 2012 (64 O.S. Supp. 2012, Section 1011), is amended to read as follows:

Section 1011.  A.  There is hereby created a revolving fund for the Commissioners of the Land Office to be designated the "Commissioners of the Land Office Revolving Fund".  The fund shall be a continuing fund not subject to fiscal year limitations and into which shall be paid all fees that may be collected by the Commissioners of the Land Office, transfers from other revolving funds of the Commissioner of the Land Office and any appropriated monies designated for transfer into the fund.  In addition, available monies received within an annual period may be added to the fund upon designation by the Secretary of the Land Office, in such case the funds are hereby appropriated and may be budgeted and expended by the Commissioners of the Land Office within the annual period in which received or thereafter in the performance of the constitutional and statutory trust duties of the Commissioners of the Land Office.  Monies from the fund may be used to pay for all books, forms, and other necessary equipment and supplies for the installation and maintenance of a modern system of accounting, necessary printing expenses, abstracts, refunds, expenses incidental to the operation of the Land Office, necessary communication and traveling expenses incurred by the employees of the Land Office, attorney fees and litigation expenses, collection costs and expenses, distributions and conservation and commercial property upgrades.  The Commissioners of the Land Office may also use monies in the revolving fund for any expenses of the Land Office related to personal services, operating expenses and, the purchase of equipment and for the performance of all duties necessary and as may be prescribed to carry out the function of the Land Office.  All funds accruing to the fund are hereby appropriated.  Monies in the fund may be invested by the State Treasurer in the manner prescribed in Section 89.1a et seq. of Title 62 of the Oklahoma Statutes.  Interest income derived from the investment of monies in the fund shall be credited to and placed in the fund.

B.  There is hereby created a cash drawer change fund for the Commissioners of the Land Office.  The fund shall be used as cash for the Land Office to make change for customers.  The amount held in the fund shall not exceed One Thousand Dollars ($1,000.00).  The initial amount in the fund shall be drawn by warrant from the revolving fund created pursuant to subsection A of this section.  All adjustments to the amount retained in the fund shall be by withdrawal and deposit in the revolving fund established pursuant to subsection A of this section.  No purchases shall be made from the fund.  Officers, employees or agents of the Land Office shall be prohibited from receiving change from the fund.  The Director of Accounting for the Land Office, with the approval of the internal auditor, shall prescribe forms, systems and procedures for the administration of the fund.

SECTION 2.     AMENDATORY     64 O.S. 2011, Section 1029, is amended to read as follows:

Section 1029.  The Cash Journal shall be balanced daily and the total of the receipts of each day shall be deposited with the State Treasurer as now required by the State Depository Law, except that deposits placed at auction for the sale or lease of lands or minerals pending finalization of a sale or lease transaction shall be secured by the Secretary of the Land Office for safekeeping.  The deposits held by the Secretary shall be paid into the treasury clearing account of the Commissioners of the Land Office within three (3) business days following final approval and execution of all required documents related to the transaction.  A deposit shall be returned to the payor of the deposit within three (3) business days following the determination by the Commissioners of the Land Office that the transaction will not be finalized.  It shall be the duty of the Commissioners of the Land Office to notify each debtor to make their checks, drafts, or other transfer of monies payable to the order of the Commissioners of the Land Office.  The endorsements on the checks, drafts or other evidence of transfers of monies shall be in the following words:

"Pay to the order of the Treasury of the State of Oklahoma, for credit only to the Commissioners of the Land Office".  No person, firm or corporation shall cash or pay out on any check, voucher, draft, money order or other evidence of transfers of money, or its equivalent, without the endorsements, and the endorsement of the State Treasurer appearing thereon.

Any person, firm or corporation knowingly violating this provision shall be guilty of a felony and, upon conviction, shall be punished by a fine of not less than One Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00), or by imprisonment in the custody of the Department of Corrections for a term of not more than three (3) years or by both the fine and imprisonment.  In addition, the person, firm or corporation shall be civilly liable to the Commissioners of the Land Office for the use and benefit of the fund which has sustained the loss in double the amount of the check, voucher, money order, draft or other evidence of transfer of money, so cashed or paid.

All checks or vouchers drawn against any Special Agency Account by the Commissioners of the Land Office shall be issued only by the principal fiscal officer upon written application of the head of the division of the School Land Department.  Each check or voucher shall be signed in the name of the Commissioners of the Land Office by the Secretary or in the absence of the Secretary by the Assistant Secretary and shall be countersigned by the principal fiscal officer.  The form of check or voucher shall be prescribed by the State Treasurer and shall indicate on its face the purpose for which drawn, the amount and the account to which chargeable.  No check shall leave the office until protected by use of a machine for printing amounts on checks, as by perforations, so as to prevent alterations.

SECTION 3.     AMENDATORY     64 O.S. 2011, Section 1035, is amended to read as follows:

Section 1035.  It is hereby the duty of the Accounting Division under the supervision of the Secretary of the Land Office to submit to the Commissioners of the Land Office a monthly statement of all assets and liabilities owned by operational expenditures of the Land Office.  The Secretary shall, not later than the fifth day of each regular session of the Legislature, submit a detailed financial statement to the Governor and to the Legislature for the preceding fiscal year ending June 30 reflecting all assets and liabilities owned and held by the Land Office at the close of the period, profits made and losses sustained, together with a detailed schedule of all lands, loans, bonds, and coupons, contracts and judgments owned and held by the Land Office.

SECTION 4.     AMENDATORY     64 O.S. 2011, Section 1069, as amended by Section 2, Chapter 114, O.S.L. 2012 (64 O.S. Supp. 2012, Section 1069), is amended to read as follows:

Section 1069.  A.  The proceeds derived in bonuses and royalties and from other inducements and considerations for the execution and operation of the oil and gas leases as authorized in this title, except oil and gas leases on state-owned lands set apart and designated for the use, benefit, and occupancy of state educational institutions, shall be for the use and benefit of the lands which were granted by the United States to the State of Oklahoma, and to the territory now comprising the area embraced within the state, under the provisions of the Enabling Act and any and all other Acts of Congress.  Bonus and delay rental income received by the Land Office shall and other income as designated by the Secretary of the Land Office for transfer and received by the Land Office may be distributed to current beneficiaries in like manner as lease income received from surface leases, except that if determined to be in the best interest of the trust, the distributions may be made upon a schedule determined by a five-year rolling average of bonus and delay rental income.

B.  There is hereby created a revolving fund for the Commissioners of the Land Office to be designated the "Multiyear Education Distribution Stabilization Revolving Fund".  The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of bonus and delay rental income received by the Commission, if it is determined by the Commission to be in the best interest of the trust to make distributions of the income upon a five-year rolling average schedule as authorized in subsection A of this section.  Monies in the fund may be invested by the State Treasurer in the manner prescribed in Section 89.1a et seq. of Title 62 of the Oklahoma Statutes.  Interest income derived from the investment of monies in the fund shall be credited to and placed in the fund.

SECTION 5.     AMENDATORY     74 O.S. 2011, Section 3105, is amended to read as follows:

Section 3105.  A.  Unless otherwise provided by law, every agency, department, board, commission or institution of the State of Oklahoma shall list the following information at a prominent place near the beginning of each publication issued by them:

1.  Name of the issuing agency, department, board, commission or institution;

2.  Authorization for publication.  If such publication is not specifically authorized by statute the name of the person or persons so authorizing shall be stated;

3.  The number of copies printed;

4.  Name of printing firm doing printing; and

5.  Assurance of compliance with Section 3-114 of Title 65 of the Oklahoma Statutes.

B.  The information shall be set forth in a separate paragraph and shall conform as nearly as practical to the following format:

"This publication, printed by (name of printing firm) is issued by (here list the agency, department, board, commission or institution) as authorized by ______________.  ______ copies have been prepared and distributed at a cost of $_______.  Copies have been deposited with the Publications Clearinghouse of the Oklahoma Department of Libraries."

C.  State promotion and informational publications produced by the Oklahoma Tourism and Recreation Department, Travel Promotion Division, the Commissioners of the Land Office and the Oklahoma Department of Commerce shall be exempt from the provisions of this section.

SECTION 6.     REPEALER     64 O.S. 2011, Sections 1028, 1077 and 1080, are hereby repealed.

SECTION 7.  It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval.

Passed the House of Representatives the 6th day of May, 2013.

	
	Presiding Officer of the House
	of Representatives

Passed the Senate the 23rd day of April, 2013.

	
	Presiding Officer of the Senate

OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________ day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _________ day of ___________________, 20_______, at _______ o'clock _______ M.

	_________________________________
	Governor of the State of Oklahoma

OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________ day of __________________, 20 _______, at _______ o'clock _______ M.
By: _________________________________