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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 3124 By: Lepak
COMMITTEE SUBSTITUTE
An Act relating to the J.M. Davis Memorial
Commission; amending 53 O.S. 2021, Sections 201C and
201G, relating to commission duties and properties to
the J.M. Memorial; allowing the J.M. Memorial
Commission to enter into certain contracts;
prohibiting certain donations of funds; allowing the
sale of certain prop erty; and providing an effec tive
date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 53 O.S. 2021, Section 201C, is
amended to read as follows :
Section 201C. A. The J.M. Davis Memorial Commission shall have
power and authority to:
1. Appoint and to fix the salaries an d duties of the
professional and administrative employees and curators as may be
necessary to carry out the purpose of this act;
2. Appoint an execu tive director who shall serve at the
pleasure of the Commission. A member of the Commission may be
appointed as the executive direc tor; provided, if a member of the
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Commission is so appointed, the member shall resign as a member of
the Commission and the vacancy shall be filled in the same manner as
are original appointments; and
3. Provide for the proper hou sing, protection and disp lay of
the J.M. Davis Gun Collection and other historical artifacts .; and
4. Enter into contracts for services to be perfor med in
furtherance of the authorized activities and dut ies of the J.M.
Davis Memorial Commission with othe r state agencies or nonprofit
corporations holding a valid exemp tion from taxation issued pursuant
to Section 501(a) of the Internal Revenue Code of 1 986, as amended,
and listed as an exempt organization i n Section 501(c)(3) of the
Internal Revenue Code of 1986, as amended, or with individuals or
associations pursuant to statutory requirements.
B. Funds of the J.M. Davis Memorial Commission shall not be
applied, donated, or used directly or indirectly for the use,
benefit, or support of any sect, church, d enomination, or system of
religion, or for the us e, benefit, or support of any priest,
preacher, minister, or other religious teacher or dignitary, o r
sectarian institution as such. The J.M. Davis Memori al Commission
shall provide opportunity to organizat ions to submit written
applications to be received and acted upon by the J.M. Davis
Memorial Commission. At the conclusion of the contract, each sta te
agency, nonprofit corporation, individual , or association shall
provide the J.M. Davis Memorial Commissi on with proof of fulfillment
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of the contract in prope r order and must be affirmed on the proper
form, provided by the J.M. Davis Memorial Commission, by the
managing officers of the state agency, nonprofi t group, association,
or individual making the contr act.
B. C. Any agreements or contracts providing for the employment
of persons or to purchase property or equipment or the construction
of any facilities shall not be authorized unless necessary funds
have been appropriated by the Legislature or have been otherwise
obtained from gifts, grants or contributions a ctually received by
the Commission.
SECTION 2. AMENDATORY 53 O.S. 2021, Section 201G, is
amended to read as follows:
Section 201G. A. The J.M. Davis Memorial Commission is
authorized to sell or transfer museum collection objects, which are
duplicates or are outside of the scope of collections owned by it,
to other state agencies or other museums with nonprofit status or to
commercial entities or individuals unless the object is leased to or
loaned to the Commission or was purchased with appropriated funds by
the Commission. Transfers shall not be to individuals or comm ercial
entities. Any transfer or sale shall be in full c ompliance with the
laws and regulations regarding the sale of such objects, including
laws and regulations regarding the s ale of firearms. The proceeds
of any sale or transfer shall be deposited in the J.M. Davis Arms
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and Historical Museum Endowment Fund, or the J.M. Memorial
Commission Revolving Fund as d etermined by a vote of the Commission.
B. The J.M. Davis Memorial Commission shall be exempt from the
Oklahoma Surplus Property Act for the purpose o f disposing of museum
collection surplus property as d escribed in subsection A of this
section and is authorized to destroy and dispose of museum
collection surplus property including objects owned by the
Commission that have deteriorated past the point of usefulness or
have no resale value.
C. No past or present member of the J.M. Davis Memorial
Commission, current employee, or their families, volunteer, or
member of the Friends of the J.M. Davis Museum , Inc. or its
successor may obtain possession of muse um collection surplus
property from the Com mission in person or by proxy unless obtained
at a public sale under the provisions of this section .
D. The J.M. Davis Memorial Commission shall not transfer , or
dispose of any property that is leased to, loaned to, or held in
temporary custody by the Commission.
SECTION 3. This act shall become effe ctive November 1, 2022.
58-2-11016 LRB 03/03/22