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SENATE FLOOR VERSION
April 13, 2022
ENGROSSED HOUSE
BILL NO. 3571 By: McBride of the House
and
Thompson of the Senate
[ Oklahoma Capitol Improvement Authorit y -
authorizing issuance of obligations - authorizing
acquisition of title to certain assets by Oklahoma
Capitol Improvement Authority - creating Jim Thorpe
Repair Expenditure Oversight Committee -
emergency ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new sectio n of law to be codified
in the Oklahoma Statutes as Section 382 of Title 73, unless there is
created a duplication in numbering, reads as follows:
A. In addition to any other authorizatio n provided by law, the
Oklahoma Capitol Improvement Authority is aut horized to issue
obligations to acquire real propert y, together with improveme nts
located thereon, and personal property to construct improvements to
real property and to provide funding f or repairs, refurbishments ,
and improvements to real and personal pr operty of the Jim Thorpe
Office Building and associated furniture, fixtures , and equipment in
a total amount not to exceed Seventy Million Dollars
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($70,000,000.00). The funds shall be used for the renovation,
repair, and remodeling of the Jim Thorpe Office Building.
B. The Authority may hold title to the property and
improvements until such time as any obligations issued for this
purpose are retired or defeased and may lease the property and
improvements to the Off ice of Management and Enterprise Services .
Upon final redemption or defeasance of the obliga tions created
pursuant to this section, title to the property and improvements
shall be transferred from the Oklahoma Capitol Improvement Authority
to the Office of Management and Enterprise Services.
C. For the purposes of paying the costs for constructi on of the
real property and improvements, and providing funding for the
project authorized in subsection A of this section, and for the
purpose authorized in subs ection D of this section, the Authority is
hereby authorized to borrow monies on the credit of the income and
revenues to be derived from the leasing of such property and
improvements and, in anticipation of the collection of such income
and revenues, to issue negotiable obligations in a total amo unt not
to exceed Seventy Million Dollars ( $70,000,000.00) whether issued in
one or more series. The Authority is authorized to capitalize
interest on the obligations issued pursuant to this section for a
period of not to exceed one (1) year from the date of issuance. For
subsequent fiscal years, it is th e intent of the Legislature to
appropriate to the Office of Management and Enterprise Services
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sufficient monies to make rental payments for the purpose of
retiring the obligations created pursuant to thi s section. To the
extent funds are available from t he proceeds of the borrowing
authorized by this subsection, the Oklahoma Capitol Improvement
Authority shall provide for the payment of professional fees and
associated costs related to the project author ized in subsection A
of this section; provided, that no such fees or costs may be paid if
such payments would jeopardize the tax -advantaged status of the
bonds under federal law.
D. The Authority may issue obliga tions in one or more series
and in conjunction with other issues of the Authority. The
Authority is authorized to hire bond counsel, financial consultants,
and such other professionals as it may deem necessary to provide for
the efficient sale of the obli gations and may utilize a portion of
the proceeds of any borrowing to create such reserves as m ay be
deemed necessary and to pay costs associated with the issuance and
administration of such obligations.
E. The obligations authoriz ed under this section m ay be sold at
either competitive or negotiat ed sale, as determined by the
Authority, and in such form and at such prices as may be authorized
by the Authority. The Authority may enter into agre ements with such
credit enhancers and l iquidity providers as m ay be determined
necessary to efficiently ma rket the obligations. The obligations
may mature and have such provisions for redemption as shall be
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determined by the Authority, but in no event sha ll the final
maturity of such obligatio ns occur later than t wenty-five (25) years
from the first principal maturity date.
F. Any interest earnings on funds o r accounts created for the
purposes of this section may be utilized as partial payment of the
annual debt service or for the pu rposes directed by the Authority .
G. The obligations issued under this secti on, the transfer
thereof, and the interest earned on such obligations, including any
profit derived from the sale thereof, shall not be subject to
taxation of any kind by the Stat e of Oklahoma, or by any county,
municipality, or political subdivision there in.
H. The Authority may direct the investment of a ll monies in any
funds or accounts created in connection with the offering of the
obligations authorized under this section. S uch investments shall
be made in a manner consistent with the investment guid elines of the
State Treasurer. The Authority may pl ace additional restrictions on
the investment of such monies if necessary to enhance the
marketability of the obligations.
I. Insofar as they are not in conf lict with the provisions of
this section, the provisions of Section 151 et seq. of Title 73 of
the Oklahoma Statutes shall apply to this section.
J. Unless at least fifty percent (50%) of the pro ceeds
authorized by the provisions of t his section have bee n obtained by
sale of obligations by the Author ity within three (3) years from the
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effective date of this act, the provisions of this section shall
cease to have the force or effect of law with res pect to any further
issuance of obligations by the Authorit y otherwise authorized by
this section. The provisions of this subsection shall not be
construed to limit the liability of the Authority with respect to
obligations issued pursuant to this section if the obligations were
issued prior to the termination of the remaining issuing capacity
nor shall the provisions of this subsection be construed in any way
to impair rights of any person or entity which has purchased any
obligations of the Authority pur suant to the provisions of this
section which were authorized at the time of such purchase.
K. There is hereby created a Jim Thorpe Repair Expenditure
Oversight Committee. The proceeds from the sale of obligations
issued pursuant to the provisions of thi s section that are needed
for repairs to the interior and exte rior of the Jim Thorpe Office
Building shall be subject to the approval of the Jim Thorpe Repair
Expenditure Oversight Committee; provided, however, the expenditure
of those proceeds shall be subject t o a request for proposal
process.
The Committee shall be composed of nine (9 ) members as follows:
1. Three persons to be appointed by the Governor, on e of whom
shall serve as chair of the Committee;
2. Three legislators to be appointed by the Speaker of the
Oklahoma House of Representatives, t wo of whom shall be members of
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the majority political party and one of whom shall be a member of
the minority political party; and
3. Three legislators to be appointed by the President Pro
Tempore of the Oklahoma State Senate, two of whom shall be members
of the majority political party and one of whom shall be a member of
the minority political party. Five membe rs of the Committee shall
constitute a quorum and the vote of five members shall be necessary
for any action taken by the C ommittee. The Committee shall be
staffed by employees of the Office of Mana gement and Enterprise
Services. The Committee shall be s ubject to the Oklahoma Op en
Meeting Act.
L. The Committee shall deliver a preliminary plan for the
renovation, repair and remodeling of the Jim Thorpe Office Building
to the Director of the Office of Man agement and Enterprise Services
no later than Decemb er 31, 2022. The preliminary plan shall include
the following components:
1. Establishment of the Office of Management and Enter prise
Services' goal and criteria for use b y the vendor; and
2. Selection criteria for the design-build team vendor to be
selected through a Request For Prop osal process.
M. Following receipt of the preliminary plan as approved by the
Committee, the Office of Management and Enterprise Services sh all
solicit Requests For Propos als to select the vendor for the project.
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N. The Committee shall deliver a final pl an to the Director of
the Office of Management and Enterprise Services no later than June
30, 2023. The final plan shall include the followi ng components:
1. Approval of the final scope of work developed by the vendor;
and
2. Approval of the project pha sing developed by the vendor.
O. Following delivery of the final plan, the Committee shall
continue to oversee the expenditure of proceeds f rom the sale of
obligations issued pursuant to the provisions of this section until
completion of the renovation, r epair and remodeling of the Jim
Thorpe Office Building. The Committee may also propose and appro ve
amendments to the plan as it deems appropriate.
P. The Director of the Office of Management and Enterprise
Services shall have responsibility to substantia lly implement the
plan as presented by the Committee .
SECTION 2. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take eff ect and
be in full force from and after its passage an d approval.
COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS
April 13, 2022 - DO PASS AS AMENDED