Oklahoma 2022 Regular Session

Oklahoma House Bill HB3124 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	An Act
2		-	ENROLLED HOUSE
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	3	+	SENATE FLOOR VERSION - HB3124 SFLR Page 1
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	29	+	SENATE FLOOR VERSION
	30	+	April 6, 2022
	31	+	AS AMENDED
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	33	+	ENGROSSED HOUSE
3	34		BILL NO. 3124 By: Lepak and Burns of the
4	35		House
5	36
6	37		and
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8		-	Quinn and Stephens of the
9		-	Senate
	39	+	Quinn of the Senate
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15		-
16		-	An Act relating to the J.M. Davis Memorial
17		-	Commission; amending 53 O.S. 2021, Sections 201C and
18		-	201G, which relate to Commission duties and
19		-	properties of the J.M. Davis Memorial Commission;
20		-	allowing the J.M. Davis Memorial Commission to enter
21		-	into certain contracts; prohibiting certain donations
22		-	of funds; allowing the sale of certain prop erty; and
23		-	providing an effective date.
	45	+	[ J.M. Davis Memorial Commission - Commission to
	46	+	enter into certain contracts - sale of certain
	47	+	property - effective date ]
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27		-
28		-	SUBJECT: J.M. Davis Memorial Commission
29		-
30	51		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
31		-
32	52		SECTION 1. AMENDATORY 53 O.S. 2021, Section 201C, is
33	53		amended to read as follows :
34		-
35	54		Section 201C. A. The J.M. Davis Memorial Commission shall hav e
36	55		power and authority to:
37		-
38	56		1. Appoint and to fix the salaries an d duties of the
39	57		professional and administrative employees and curators as may be
40	58		necessary to carry out the purpose of this act;
41		-
42	59		2. Appoint an executive director who shall serve at the
43	60		pleasure of the Commission. A member of the Commission may be
44	61		appointed as the executive director; provided, if a member of the
45		-	Commission is so appointed, the member shall resign as a member of ENR. H. B. NO. 3124 Page 2
	62	+	Commission is so appointed, the member shall resign as a member of
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	64	+	SENATE FLOOR VERSION - HB3124 SFLR Page 2
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46	90		the Commission and the vacancy shall be filled in the same manner as
47	91		are original appointments; and
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49	92		3. Provide for the proper hou sing, protection and display of
50	93		the J.M. Davis Gun Collection and other historical artifacts ; and
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52	94		4. Enter into contracts for servic es to be performed in
53	95		furtherance of the authorized activit ies and duties of the J.M.
54	96		Davis Memorial Commission with othe r state agencies or nonprofit
55	97		corporations holding a valid exemp tion from taxation issued pursuant
56	98		to Section 501(a) of the Internal Re venue Code of 1986, as amended,
57	99		and listed as an exempt org anization in Section 501(c)(3) of the
58	100		Internal Revenue Code of 1986, as amended, or with individuals or
59	101		associations pursuant to statutory requirements .
60		-
61	102		B. Funds of the J.M. Davis Memorial Commis sion shall not be
62	103		applied, donated, or used directly or indi rectly for the use,
63	104		benefit, or support of any sect, church, d enomination, or system of
64	105		religion, or for the us e, benefit, or support of any priest,
65	106		preacher, minister, or other religious teacher or dignitary, or
66	107		sectarian institution as such. The J.M. Davis Memorial Commission
67	108		shall provide opportunity to organizat ions to submit written
68	109		applications to be received and acted upon by the J.M. Davis
69	110		Memorial Commission. At the conclusion of the con tract, each state
70	111		agency, nonprofit corporation, individual , or association shall
71	112		provide the J.M. Davis Memorial Commissi on with proof of fulfillment
72	113		of the contract in prope r order and must be affirmed on the proper
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	115	+	SENATE FLOOR VERSION - HB3124 SFLR Page 3
	116	+	(Bold face denotes Committee Amendments) 1
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73	141		form, provided by the J.M. Davis Memor ial Commission, by the
74	142		managing officers of the state agency , nonprofit group, association,
75	143		or individual making the contr act.
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77	144		C. Any agreements or contracts providing for the employment of
78	145		persons or to purchase property or equipment or the constructi on of
79	146		any facilities shall not be authorized unless necessary funds have
80	147		been appropriated by the Legislature or have been otherwise obtained
81	148		from gifts, grants or contributions a ctually received by the
82	149		Commission.
83		-
84	150		SECTION 2. AMENDATORY 53 O.S. 2021, Section 201G, is
85	151		amended to read as follows:
86		-
87	152		Section 201G. A. The J.M. Davis Memorial Commission is
88	153		authorized to sell or transfer museum collection objects, which are
89	154		duplicates or are outside of the scope of collections owned by it,
90		-	to other state agencies or other museums with nonprofit status or to ~~ENR. H. B. NO. 3124 Page 3~~
	155	+	to other state agencies or other museums with nonprofit status or to
91	156		commercial entities or individuals unless the object is leased to or
92	157		loaned to the Commission or was purchased with appropriated funds by
93	158		the Commission. Transfers shall not be to individ uals or commercial
94		-	entities Any transfer or sale shall be in ~~full~~ compliance with the
	159	+	entities. Any transfer or sale shall be in f ull compliance with the
95	160		laws and regulations regarding the sale of such objects, including
96	161		laws and regulations regarding the s ale of firearms. The proceeds
97	162		of any sale or transfer shall be deposited in the J.M. Davis Arms
98	163		and Historical Museum Endowment Fund, or the J.M. Davis Memorial
99	164		Commission Revolving Fund as d etermined by a vote of the Commission.
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	166	+	SENATE FLOOR VERSION - HB3124 SFLR Page 4
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101	192		B. The J.M. Davis Memorial Commission shall be exempt from the
102	193		Oklahoma Surplus Property Act fo r the purpose of disposing of museum
103	194		collection surplus pr operty as described in subsection A of this
104	195		section and is authorized to destroy and dispose of museum
105	196		collection surplus property including objects owned by the
106	197		Commission that have deteriorated pa st the point of usefulness or
107	198		have no resale value.
108		-
109	199		C. No past or present member of the J.M. Davis Memorial
110	200		Commission, current employee, or their families, volunteer, or
111	201		member of the Friends of the J.M. Davis Museum , Inc. or its
112	202		successor may obtain possession of museum collection surplus
113	203		property from the Com mission in person or by proxy unless obtained
114	204		at a public sale under the provisions of this section.
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116	205		D. The J.M. Davis Memorial Commission shall not transfer , or
117	206		dispose of any property that is lea sed to, loaned to, or held in
118	207		temporary custody by the Com mission.
119		-
120	208		SECTION 3. This act shall become effe ctive November 1, 2022.
121		-	ENR. H. B. NO. 3124 Page 4
122		-	Passed the House of Representatives the 10th day of March, 2022.
123		-
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125		-
126		-
127		-	Presiding Officer of the House
128		-	of Representatives
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130		-
131		-	Passed the Senate the 28th day of April, 2022.
132		-
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136		-	Presiding Officer of the Senate
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139		-
140		-	OFFICE OF THE GOVERNOR
141		-	Received by the Office of the Governor this ____________________
142		-	day of ___________________, 20_______, at _______ o'clock _______ M.
143		-	By: _________________________________
144		-	Approved by the Governor of the State of Oklahoma this _____ ____
145		-	day of ___________________, 20_______, at _______ o'clock _______ M.
146		-
147		-
148		-	_________________________________
149		-	Governor of the State of Oklahoma
150		-
151		-	OFFICE OF THE SECRETARY OF STATE
152		-	Received by the Office of t he Secretary of State this __________
153		-	day of ___________________, 20_______, at _______ o'clock _______ M.
154		-	By: _________________________________
155		-
	209	+	COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS
	210	+	April 6, 2022 - DO PASS AS AMENDED