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

     SECTION 1.     There is hereby appropriated to the Oklahoma Department of Commerce from any monies not otherwise appropriated from the General Revenue Fund of the State Treasury for the fiscal year ending June 30, 2010, the sum of Five Hundred Thousand Dollars ($500,000.00) or so much thereof as may be necessary to perform the duties imposed upon the Oklahoma Department of Commerce by law. The appropriations made in this section shall not be subject to fiscal year 2010 agency budget and category limits.

     SECTION 2.     For the fiscal year ending June 30, 2010, the Oklahoma Department of Commerce shall budget all funds in the following categories and amounts:

Category                                                                     Appropriation                      Total

Community Development                                              $ 1,930,580.00           $ 22,288,995.00

Global Business Services                                               3,345,884.00                 4,285,483.00

Operational Support                                                       4,799,864.00                 8,436,759.00

Contracts for Community and Economic Development     22,704,760.00             265,572,378.00

TOTAL                                                                      $32,781,088.00            $300,583,615.00

     SECTION 3.     REDESIGNATION     The amount of Five Hundred Thousand Dollars ($500,000.00) appropriated to the Oklahoma Department of Commerce from Section 2 of Senate Bill 1288 of the 2nd Session of the 51st Oklahoma Legislature for the fiscal year ending June 30, 2009, for the purpose of accomplishing contractual responsibilities with the Association of South Central Oklahoma Governments, is hereby redesignated to the Commerce Revolving Fund to be used by the agency for operational expenses. If on the date this act is approved any of the amount originally appropriated as adjusted by expenditures, encumbrances and transfers, results in an unencumbered balance less than the redesignated amount, that redesignated amount is reduced to the unencumbered balance. The redesignation made in this section shall not be subject to fiscal year 2010 agency budget and category limits.

     SECTION 4.     The Oklahoma Department of Commerce is hereby authorized to continue the administration of the Prescription Drug Program for Oklahoma (Rx for Oklahoma) to assist medically indigent residents of Oklahoma to receive prescriptions from drug manufacturer assistance programs. The Oklahoma Department of Commerce may budget and expend monies as necessary to administer the funding requirements of the continual operation of Rx for Oklahoma.

     SECTION 5.     The duties and compensation of employees, not otherwise prescribed by law, necessary to perform the duties imposed upon the Oklahoma Department of Commerce by law shall be set by the Executive Director. Unless otherwise provided by law, the salary of the Executive Director of the Oklahoma Department of Commerce shall be set by the Governor. The Oklahoma Department of Commerce for the fiscal year ending June 30, 2010, shall be subject to the following budgetary limitations on full-time-equivalent employees and expenditures excluding expenditures for capital and special projects, except as may be authorized pursuant to the provisions of Section 3603 of Title 74 of the Oklahoma Statutes:

Budgetary Limitation                                                                                           Amount

Full-time-equivalent Employees                                                                             185.0

Lease-Purchase Agreements                                                                                  $0.00

     SECTION 6.     From all appropriations to the Department of Commerce for the fiscal year ending June 30, 2010, the following amounts shall be expended, subject to the availability of funds in the following categories and amounts:

Category                                                                                                              Amount

Community Action Agencies                                                                               $663,276.00

Central Oklahoma Community Action, Inc.

Big Five Community Services, Inc.

Community Action Agency of Oklahoma City and Oklahoma/Canadian Counties, Inc.

Community Action Project of Tulsa County, Inc.

Community Development Support Association

Cookson Hills Community Action Foundation

Deep Fork Community Action Foundation

Delta Community Action Foundation

Great Plains Improvement Foundation

INCA Community Services, Inc.

KiBois Community Action Foundation

Little Dixie Community Action Agency

Muskogee County Community Services Program

Northeast Oklahoma Community Action Agency

Opportunities, Inc.

Community Action Development Corporation

Southwest Oklahoma Community Action Group

United Community Action Program

Community Action Resource and Development, Inc.

Washita Valley Community Action Council

Community Action Agencies Head Start Program                                               $2,891,242.00

Minority Business Development Program Revolving Fund                                       $166,313.00

Capital Improvement Program Revolving Fund                                                       $456,250.00

Rural Enterprises Inc.                                                                                         $239,502.00

Oklahoma Development Finance Authority/ Rural Enterprises Inc. Business Revolving Loan Fund                                                                                                                
                                                                                                                        $200,000.00

Rural Enterprises Inc./VANSAT Pilot Program                                                        $34,675.00

Oklahoma Quality Awards Program                                                                       $75,000.00

Oklahoma Alliance for Manufacturing Excellence                                                  $228,125.00

Substate Planning District Multicounty Regional Planning                                      $501,875.00

Small Rural Manufacturers Program – Oklahoma State University                           $273,750.00

Community Development Centers Program Revolving Fund                                    $105,040.00

Southeastern Oklahoma State University for the Statewide Small Business Development Centers Program                                                                                              
                                                                                                                        $548,297.00

Oklahoma Community Institute                                                                           $136,929.00

Native American Cultural and Educational Authority Fund                                   $7,079,742.00

Bid Assistance Program Oklahoma State University/CATT                                    $113,907.00

Community Expansion of Nutrition Assistance                                                   $3,000,000.00

Education, Research and Economic Development Foundation                                $228,125.00

National Finals Rodeo                                                                                         $200,000.00

Worldwide Creativity Conference                                                                          $500,000.00

Notwithstanding any other requirements provided by law, categories and amounts authorized by this section shall be exempt from the Central Purchasing Act.

     SECTION 7.     The Oklahoma Department of Commerce shall enter into contracts to distribute Six Hundred Sixty-three Thousand Two Hundred Seventy-six Dollars ($663,276.00) of the amount allocated to all Community Action Agencies listed in this act for the purpose of general missions of the agencies. Such distribution shall be based on a formula developed from historical data such as poverty population, number of elderly poor and size of geographic service area.

The Department may require the agencies which receive said funds to provide a thirty percent (30%) matching share in cash or in-kind contributions, or both such cash and in-kind contributions.

     SECTION 8.     The Oklahoma Department of Commerce shall expend Two Million Eight Hundred Ninety-one Thousand Two Hundred Forty-two Dollars ($2,891,242.00) of the amount allocated to Community Action Agencies in this act, or so much thereof as may be necessary, for the purpose of improving Head Start Programs and expanding Head Start enrollment. Of said amount:

1. Two Million Six Hundred Fifty-one Thousand Three Hundred Seventy-nine Dollars ($2,651,379.00) shall be distributed through contracts with Community Action Agencies that operate or sponsor federally funded Head Start Programs. Contracts shall require eligible Community Action Agencies to expand Head Start services and enrollment, offer family services and develop early intervention strategies for juvenile delinquency prevention. Distribution of funds shall be based on a formula developed from historical data on poverty population and criteria used by the U.S. Department of Health and Human Services in the distribution of federal funds appropriated for the Head Start Program;

2. One Hundred Forty-two Thousand Two Hundred Eighty Dollars ($142,280.00), or so much thereof as may be necessary, shall be expended by the Oklahoma Department of Commerce for the purpose of administering Head Start contracts provided for herein. Such duties of the Department shall include establishing performance criteria, reviewing programs for effectiveness in accomplishing objectives of the federal Head Start Program, and monitoring compliance with contractual provisions; and

3. Ninety-seven Thousand Five Hundred Eighty-three Dollars ($97,583.00) shall be distributed through contract to the Oklahoma Association of Community Action Agencies, Inc., for the purpose of the Head Start Coordination Program and providing assessment, training and technical assistance to Head Start Programs.

     SECTION 9.     Contracts with Community Action Agencies authorized by this act shall be exempt from the Oklahoma Central Purchasing Act. The Department of Commerce shall not execute a contract with a Community Action Agency until the applicant submits, and the Department approves, a budget work program for expenditure of funds. Each contract shall require audits of expenditures, as provided in rules promulgated by the Department.

     SECTION 10.     The Oklahoma Department of Commerce shall expend the amount allocated in this act, or so much thereof as may be necessary, to perform the substate multicounty regional planning functions and responsibilities imposed upon the Department by law. Existing substate planning districts presently meeting requirements of the Oklahoma Department of Commerce pursuant to the provisions of this section shall be allocated the following amounts:

DISTRICT NUMBERS                                                                                          AMOUNT

1 - Grand Gateway Economic Development Association (Craig, Delaware, Mayes, Nowata, Ottawa, Rogers and Washington Counties)                                                           
                                                                                                                         $ 45,625.00

2 - Eastern Oklahoma Development District (Adair, Cherokee, McIntosh, Muskogee, Okmulgee, Sequoyah and Wagoner Counties)                                                                         
                                                                                                                            45,625.00

3 - Kiamichi Economic Development District of Oklahoma (Choctaw, Haskell, Latimer, LeFlore, McCurtain, Pittsburg and Pushmataha Counties)                                                    
                                                                                                                            45,625.00

4 - Southern Oklahoma Development Association (Atoka, Bryan, Carter, Coal, Garvin, Johnston, Love, Marshall, Murray and Pontotoc Counties)                                                     
                                                                                                                            45,625.00

5 - Central Oklahoma Economic Development District (Hughes, Lincoln, Okfuskee, Pawnee, Payne, Pottawatomie and Seminole Counties)                                                       
                                                                                                                            45,625.00

6 - Indian Nations Council of Governments (Creek, Osage and Tulsa Counties)          
                                                                                                                            45,625.00

7 - Northern Oklahoma Development Association (Alfalfa, Blaine, Garfield, Grant, Kay, Kingfisher, Major and Noble Counties)                                                                   
                                                                                                                            45,625.00

8 - Association of Central Oklahoma Governments (Canadian, Cleveland, Logan and Oklahoma Counties)                                                                                                            
                                                                                                                            45,625.00

9 - Association of South Central Oklahoma Governments (Caddo, Comanche, Cotton, Grady, Jefferson, McClain, Stephens and Tillman Counties)                                                
                                                                                                                            45,625.00

10 - South Western Oklahoma Development Authority (Beckham, Custer, Greer, Harmon, Jackson, Kiowa, Roger Mills and Washita Counties)                                              
                                                                                                                            45,625.00

11 - Oklahoma Economic Development Association (Beaver, Cimarron, Dewey, Ellis, Harper, Texas, Woods and Woodward Counties)                                                                
                                                                                                                             45,625.00

TOTAL                                                                                                           
                                                                                                                        $501,875.00

The Department may require the agencies to which the Department grants appropriated funds to provide a thirty percent (30%) matching share in cash or in-kind contribution, or both such cash and in-kind contribution.

The Oklahoma Department of Commerce shall establish eligibility requirements for substate multicounty planning districts to receive grants from appropriations to the Oklahoma Department of Commerce. The primary purpose of the substate multicounty planning districts shall include, but not be limited to, the enhancement of planning and technical assistance to local governments in the areas of community development, infrastructure and environmental needs.

At least two-thirds (2/3) of the voting membership of the board of each substate planning district shall be composed of the elected officials of conservation districts, incorporated towns, cities, or counties within the planning jurisdiction, or the designees of said officials.

     SECTION 11.     The Oklahoma Department of Commerce may expend the amount allocated in this act, or so much thereof as may be necessary, to accomplish contractual responsibilities with Southeastern Oklahoma State University for its statewide Small Business Development Centers Network, to be used in conjunction with receipted federal funds for the network. The network shall serve as a resource and advisor to the Department in its efforts to provide business counseling, more fully developed managerial skills, technology transfer, business-related educational materials and training services. The contractor shall submit an annual budget work program and quarterly expenditure reports. The contractor shall submit an annual audit as required by the Department of Commerce. Audit costs may be paid from allocated, appropriated funds.

     SECTION 12.     The Oklahoma Department of Commerce shall expend the amount allocated in this act, or so much thereof as may be necessary, to accomplish contractual responsibilities with the Oklahoma Development Finance Authority. The Oklahoma Development Finance Authority shall expend the funds to accomplish contractual responsibilities with Rural Enterprises Inc. for the purpose of matching federal funds available for business revolving loans to Oklahoma small businesses. Any contracts authorized under this section shall be exempt from the requirements of the Oklahoma Central Purchasing Act.

     SECTION 13.     The Oklahoma Department of Commerce shall expend the amount allocated in this act, or so much thereof as may be necessary, to accomplish contractual responsibilities with Rural Enterprises Inc. for the purpose of providing financial and technical assistance for economic development to area businesses, to establish a Value Added Network Satellite (VANSAT) project, and to promote international trade. The contractor shall cooperate with the Oklahoma Department of Commerce to assist in business financing, assist expansions of existing industry and home-based businesses. The contractor shall submit an annual audit as required by the Oklahoma Department of Commerce. Any contracts authorized under this appropriation shall be exempt from the Oklahoma Central Purchasing Act.

     SECTION 14.     The Oklahoma Department of Commerce shall expend the amount allocated in this act, or so much thereof as may be necessary, for the purpose of the Oklahoma Alliance for Manufacturing Excellence. The Oklahoma Alliance for Manufacturing Excellence will coordinate with the Oklahoma Department of Commerce for the purpose of retaining and expanding existing Oklahoma businesses. The Alliance may focus on small and medium-sized manufacturing operations, distribution centers and regional business service operations. Funds expended for the Oklahoma Alliance for Manufacturing Excellence shall be exempt from the requirements of the Oklahoma Central Purchasing Act.

     SECTION 15.     The Oklahoma Department of Commerce shall transfer the amount allocated in this act to the Community Development Centers Program Fund.

The Department may contract with communities or organizations for Community Development Centers activities only after:

1. An applicant has submitted an approved application;

2. An applicant has demonstrated through experience and managerial expertise capabilities of constructing or causing construction or renovation of facilities and management of community development facilities;

3. An applicant has demonstrated that it can provide financial management capacity and responsibility to manage a program for community development centers for the aging or elderly; and

4. An applicant has demonstrated experience in establishing and managing programs to enhance the quality of life of the aging and elderly.

     SECTION 16.     The Oklahoma Department of Commerce shall expend the amount allocated in this act, or so much thereof as may be necessary, to assist the Native American Cultural and Educational Authority as required by Section 5017 of Title 74 of the Oklahoma Statutes. The Oklahoma Department of Commerce shall assist the Native American Cultural and Educational Authority in fulfilling the responsibilities of Section 1226 et seq. of Title 74 of the Oklahoma Statutes. Any contracts authorized under Section 1226 et seq. of Title 74 of the Oklahoma Statutes shall be exempt from the Oklahoma Central Purchasing Act.

     SECTION 17.     The Oklahoma Department of Commerce shall expend the amount allocated in this act, or so much thereof as may be necessary, for the purpose of the Bid Assistance Program/Computer-Assisted Technology Transfer (CATT) program at Oklahoma State University Institute of Technology - Okmulgee. Funds expended for the programs shall be exempt from the requirements of the Oklahoma Central Purchasing Act.

     SECTION 18.     The Oklahoma Department of Commerce shall expend the amount allocated in this act, or so much thereof as may be necessary, for the purpose of establishing a Small Rural Manufacturers Program at Oklahoma State University. Funds expended for the program shall be exempt from the requirements of the Oklahoma Central Purchasing Act.

     SECTION 19.     The Oklahoma Department of Commerce shall expend funds from any available source to accomplish contractual responsibilities with the Oklahoma Quality Awards Foundation for the purpose of promoting performance excellence criteria throughout the Oklahoma business, education, government and health care sectors. Funds expended for the program shall be exempt from the requirements of the Oklahoma Central Purchasing Act.

     SECTION 20.     The Oklahoma Department of Commerce shall expend the amount allocated in this act, or so much thereof as may be necessary, to accomplish contractual responsibilities with the Education Research and Economic Development Foundation for the purpose of developing a corporation-based inventory of the capabilities of manufacturing in rural areas. The contractor shall submit an annual budget work program and quarterly expenditure reports. The contractor shall submit an annual audit as required by the Department of Commerce. Any contracts authorized under this act shall be exempt from the Oklahoma Central Purchasing Act.

     SECTION 21.     Receipt and expenditure of unanticipated federal funds awarded to the Department of Commerce after July 1, 2009, shall be exempt from expenditure limitations, provided that any such funds used for operations shall be included in the agency’s budget work program.

     SECTION 22.     TRANSFER     The Oklahoma Department of Commerce shall transfer funds appropriated in Section 86 of Enrolled Senate Bill No. 216 of the 1st Session of the 52nd Oklahoma Legislature to the following revolving funds in the following amounts:

Minority Business Development Program Revolving Fund                                       $166,313.00

Capital Improvement Program Revolving Fund                                                       $456,250.00

Community Development Centers Program Revolving Fund                                    $105,040.00

Native American Cultural & Educational Authority Fund                                      $7,079,742.00

Oklahoma Strategic Military Planning Commission Incentive Fund                       $1,000,000.00

Military Base Protection and Expansion Bond Fund                                              $950,000.00

     SECTION 23.     There is hereby appropriated to the Oklahoma Department of Commerce from any monies not otherwise appropriated from the Special Cash Fund of the State Treasury, the sum of Sixteen Million Dollars ($16,000,000.00) or so much thereof as may be necessary to perform the duties imposed upon the Oklahoma Department of Commerce by law. The appropriation authorized by this section shall not be subject to fiscal year 2010 agency category or budget limits.

     SECTION 24.     The Oklahoma Department of Commerce shall expend the sum of Fifteen Million Dollars ($15,000,000.00) from the amount appropriated in Section 23 of this act to accomplish contractual responsibilities with the Association of Central Oklahoma Governments to facilitate capital improvements with the Oklahoma Medical Research Foundation. Funds expended for this purpose shall be exempt from the requirements of the Oklahoma Central Purchasing Act. The Oklahoma Department of Commerce shall expend the sum of One Million Dollars ($1,000,000.00) from the amount appropriated in Section 23 of this act to accomplish contractual responsibilities with the Association of Central Oklahoma Governments to facilitate capital improvements with the Oklahoma Sports Hall of Fame and Jim Thorpe Museum. Funds expended for this purpose shall be exempt from the requirements of the Oklahoma Central Purchasing Act.

     SECTION 25.     Appropriations made by Section 86 of Enrolled Senate Bill No. 216 of the 1st Session of the 52nd Oklahoma Legislature, not including appropriations made for capital outlay purposes, may be budgeted for the fiscal year ending June 30, 2010 (hereafter FY-10), or may be budgeted for the fiscal year ending June 30, 2011 (hereafter FY-11). Funds budgeted for FY-10 may be encumbered only through June 30, 2010, and must be expended by November 15, 2010. Any funds remaining after November 15, 2010, and not budgeted for FY-11, shall lapse to the credit of the proper fund for the then current fiscal year. Funds budgeted for FY-11 may be encumbered only through June 30, 2011. Any funds remaining after November 15, 2011, shall lapse to the credit of the proper fund for the then current fiscal year. These appropriations may not be budgeted in both fiscal years simultaneously. Funds budgeted in FY-10, and not required to pay obligations for that fiscal year, may be budgeted for FY-11, after the agency to which the funds have been appropriated has prepared and submitted a budget work program revision removing these funds from the FY-10 budget work program and after such revision has been approved by the Office of State Finance.

     SECTION 26.     This act shall become effective July 1, 2009.

     SECTION 27.     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.