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No. 2487 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF OKLAHOMA 2nd Session of the 58th Legislature (2022) SENATE BILL 1663 By: Kirt AS INTRODUCED An Act relating to state government; amending 47 O.S. 2021, Section 1104.18, which relat es to the Oklahoma Friends of the Capitol License Plate Revolving Fund; updating statutory language; amending 73 O.S. 2021, Section 15.4, which relates to Capitol buildings; modifying duties of non -profit corporation; amend ing 73 O.S. 2021, Section 83.1, w hich relates to the Capitol grounds and buildings; modifying membership of the Capitol-Medical Center Improvement and Zoning Commission; amending 73 O.S. 2021, Section 176, which relates to the permanent legislative liaison committee; modifying statutory r eference; amending 73 O.S. 2021, Section 345, whic h relates to the State Capitol Repair Expenditure Oversight Committee; terminating certain committee; deleting certain responsibility for reporting and implementing certain plans; removing requirement for c ertain joint approval; deleting certain constructi on; amending 74 O.S. 2021, Section 4101, which relates to definitions; modifying and defining terms; amending 74 O.S. 2021, Section 4102, which relates to responsibilities of certain commission; extending sunset termination date; amending 74 O.S. 2021, Section 4103, which rela tes to certain membership; modifying membership; establishing meeting requirements; amending 74 O.S. 2021, Section 4104, which relates to powers and re sponsibilities of the commission; modifying certain powers and responsibilities; tr ansferring certain ov ersight responsibilities; establishing the State Capitol Preservation Office; providing powers and duties of the Executive Director and of the Office; creating certain revolving fund; a mending 74 O.S. 2021, Section 4108, which relates to application of act ; expanding applicability of certain law; directing the Req. No. 2487 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Oklahoma Arts Council to be responsible for certain art; authorizing certain events; amending 74 O.S. 2021, Section 4109, which r elates to exemptions from the Public Competitive Bidding Act of 1974; adding certain project exemptions; granting certain authority; repealing 74 O.S. 2021, Sections 4106 and 4107, which relate to cooperation between commission and branches of state govern ment and compliance with certain administrative re quirements; making language gender neutral; providing for codification; and declaring an emergency. BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 1. AMENDATORY 47 O.S. 2021, Section 1104.18, is amended to read as follows: Section 1104.18. A. Twenty Dollars ($20.00) of the fee authorized by Section 1135.5 of this title for the Oklahoma State Capitol Restoration License Plate shall be deposited in the Ok lahoma Friends of the Capitol License Plate Revolv ing Fund created in subsection B of this section. B. There is hereby created in the State Treasury a revolving fund for the Office of Management and Enterprise Services to be designated the "Oklahoma Friends of the Capitol License Plate Revolving Fund". The fund shall be a continuing fund, not subje ct to fiscal year limitations, and shall consist of all monies received by the Office of Management and Enterprise Services pursuant to the provisions of subsec tion A of this section. All monies accruing to the credit of the fund are hereby appropriated a nd shall be budgeted Req. No. 2487 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 and expended by the Office of Management and Enterprise Services for restoration and modification of the Oklahoma State Capitol. Before the Office makes any expenditur e from the fund, the expenditure shall be approved by the State Capitol Preservation Commission created pursuant to Section 4102 of Title 74 of the Oklahoma Statutes. Expenditures from the fund shall be made upon warrants issued by the State Treasurer aga inst claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment. SECTION 2. AMENDATORY 73 O.S. 2021, Section 15.4, is amended to read as follows: Section 15.4. A. There is hereby authorized the creation of a not-for-profit corporation to be known as "Friends of the Capitol " to raise funds and to assist in the preservation and enhancement of the Oklahoma Capitol and surr ounding areas as defined in Section 1 of this title 6 of this act. B. The board of director s of the corporation authorized in subsection A of this section shall choose its own chairperson. C. After proper incorporation, the no t-for-profit corporation is authorized and directed to apply for tax -exempt status under Section 501(c)(3) of the Intern al Revenue Code (26 U.S.C., Section 501(c)(3)). D. In addition to funds received from the general public or other public and private so urces, the not-for-profit corporation may Req. No. 2487 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 receive funds from state agencies at such t imes and in such amounts as may be appropriated by the Legislature for the Oklahoma Capitol or made available to the corporation from state agencies from their sources of revenue. E. Costs to underwrite activiti es related to the preservation and enhancement of the Oklahoma Capitol may be b orne from revenues of the not-for-profit corporation. F. Upon the incorporation, the not -for-profit corporation shall be authorized to hire staff and name advisory groups or st eering committees as necessary to assist in the preservation and enhancement of the Oklahoma Capitol. G. The corporation shall coordinate preservation and, restoration, enhancement, maintenance and modification projects in conjunction with and the consent approval of the State Capitol Preservation Commission and the Office of Management and Enterprise Services. SECTION 3. AMENDATORY 73 O.S. 2021, Section 83.1, is amended to read as follows: Section 83.1. A. There is hereby re -created to continue until July 1, 2022 2026, in accordance with the Oklahoma Sunset Law, a Capitol-Medical Center Improvement and Zoning Commission to exercise the functions and perform the duties hereinafter prescribed. B. The Commission shall be composed of eleven (11) members a s follows: Req. No. 2487 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1. The Director of the Office of Management and Enterprise Services or his or her designee, who shall be ex officio chair of the Capitol-Medical Center Improve ment and Zoning Commission; 2. The Director of the Transport ation Commission or his or her designee; 3. The President of the University of Oklahoma or his or her designee; 4. Two members appointed by the President Pro Tempor e of the Senate; 5. Two members appointed by the Speaker of the House of Representatives; 6. The Chair of the Pl anning Commission of Oklah oma City or his or her designee; 7. The Chair of the Long-Range Capital Planning Commission legislative liaison or his or her designee; and 8. Two members of the Commission appointed by the Governor, with the advice and consent of the State Senate, for four-year staggered terms with one term expiring on January 31 of each even - numbered year. C. One of the two members shall be appointed upon the recommendation of the Citizens' Advisory Committee. The Commission is authorized to appoint and hire a Directo r, who shall serve as the chief administrative officer of the Commission, and other necessary personnel. Req. No. 2487 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 The Attorney General of the State of Oklahoma this state shall be the legal advisor to the Commis sion in the same capacity as he or she is to other boards and commissions. D. At least one of the members One member appointed by the President Pro Tempore of the Senate and one member appointed by the Speaker of the House of Representatives shall be a resi dent within the boundaries of the Capitol-Medical Center Improvement and Zoning District as set forth in Section 83 of this title. SECTION 4. AMENDATORY 73 O.S. 2021, Section 176 , is amended to read as follows: Section 176. A. There shall be established created within the Legislative Service Bureau the position of a permanent legislative liaison committee, composed of three (3) members from each house, appointed by the President Pro Tempore and Speaker, respectively to the Capitol Preservation Committee . The legislative liaison committee will keep the Legislature properly advised as to the activities of the Okl ahoma Capitol Improv ement Authority and the Office of Management and Enterprise Services by making such reports as they deem he or she deems necessary to the appropriate committees and leadership of both houses. All legislative studies c oncerning the responsibilities or activities of the Oklahoma Capitol Improvement Authority or the Office of Management and Enterprise Services and all studies of activities or projects relati ng to the Oklahoma State Capito l Complex shall be considered by presented to Req. No. 2487 Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 the legislative liaison committee created authorized by this section. The Oklahoma Capitol Improvement Authority and the Office of Management and Enterprise Ser vices shall notify the membership of the legislative liaison committee in advance of any meeting in which official or formal action is to be taken by furnishing the proposed agenda in writing at least twenty -four (24) hours in advance of such meeting. B. The Oklahoma Capit ol Improvement Authority and the Office of Management and Enterprise Services shall provide such information, records, testimony, or recommendations as the committee legislative liaison may require. C. The legislative liaison shall be the primary contact for Americans with Disabilities Act ( ADA) compliance for the Capitol. SECTION 5. AMENDATORY 73 O.S. 2021, Section 345, is amended to read as follows: Section 345. A. In addition to any other authori zation provided by law, the Ok lahoma Capitol Improvement Authority is authorized to issue o bligations to acquire real property, together with improvements located thereon, and personal property to construct improvements to real property and to provide funding for repairs, refurbishment s and improvements to real and personal property of the State Capitol Building in a total amount not to exceed One Hundred Twenty Million Dollars ($120,000,000.00). The Req. No. 2487 Page 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 funds shall be used for the renovati on, repair and remod eling of the State Capitol 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 Office of Management and Enterprise Services. Upon final redemption or defeasance of the obligations 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 construction of the real property and improvements, and providing funding for the project authorized in subse ction A of this sect ion, and for the purpose authorized in s ubsection D of this section, the Authority is hereby authorized to borrow monies on the credit of the income an d revenues to be derived from the leasing of such property and improvements and, in a nticipation of the c ollection of such income and revenues, to issue negotiable o bligations in a total amount n ot to exceed One Hundred Twenty Million Dollars ($120,000,000 .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 t he date of issuance. For subsequent fiscal years, it is the intent of the Legislature to appropriate to the Office of Management and Req. No. 2487 Page 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Enterprise Services sufficient m onies to make rental payments for the purpose of retiring th e obligations created pursuant to this section. To the extent funds are available from the proceeds of the borrowing authorized by this subsection, the Oklahoma Capitol Improvement Authority shal l provide for the payment of professiona l fees and associated costs related to the project authorized in subsection A of this section. D. The Authority may issue obligations in one or more series and in conjunction with other issues of the Authority. The Authority is authorized to hire bond co unsel, financial con sultants, and such other profe ssionals as it may deem necessary to provide for the efficient sale of the obligations and may utilize a portion of the proceeds of any borrowing to create such reser ves as may be deemed necessary and to pa y costs associated w ith the issuance and administration of such obligations. E. The obligations authorized und er this section may be sold at either competitive or negotiated sale, as determined b y the Authority, and in such form and at such prices as may be authorized by the Authority. The Authority may enter into agreements with such credit enhancers and liquidi ty providers as may be determined necessary to efficiently market the obligations. T he obligations may mature and have such provisions for redem ption as shall be determined by the Authority, but in no event shall the final Req. No. 2487 Page 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 maturity of such obligations occ ur later than ten (10) years from the first principal maturity date. F. Any interest earnings on funds or accounts created for the purposes of this section may be u tilized as partial payment of the annual debt service or for the purposes directed by the A uthority. G. The obligations issued under this section, 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 State of Oklahoma this state, or by any county, municipality or political subdivision therein. H. The Authority may direct t he investment of all monies in any funds or accounts created in conne ction with the offering of the obligations authorized under this section. Such investments shall be made in a manner consistent with the investment guidelines of the State Treasurer. Th e Authority may place additional restri ctions on the investment of su ch monies if necessary to enha nce the marketability of the obligations. I. There is hereby created a State Capitol Repair Expenditure Oversight Committee. The proceeds from the sale of obligations issued pursuant to the prov isions of this section and Sec tion 1 of Enrolled House Bill No. 3168 of the 2nd Session of the 55th Oklahoma Legislature that are ne eded for repairs to the interior and exte rior of the State Capitol shall be subject to the approval of the State Capitol Repair Expenditure Oversight Comm ittee; provided, however, Req. No. 2487 Page 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 the expenditure of those proceeds shall be subject to 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, one of whom shall serve as chair of the Committee; 2. Three legislators to be appointed by the Speaker of the House of Representat ives, two of whom shall be members of the majority political party and one of whom sh all be a member of the minority political party; and 3. Three legislators to be appointed by the P resident Pro Tempore of the 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 members of the Committee s hall constitute a quorum and the vote of five members shall be necessary for any action taken by the Committee. The Committee shall be staffed by employees of the Office of Management and Enterprise Services. The Committee shall be subject to the Oklahom a Open Meeting Act. J. The Committee shall deliver a prelim inary plan for the renovation, repair and remodeling of the State Capito l to the Director of the Office of Management and Enterprise Services no later than December 31, 2014. The preliminary plan shall include the following components: 1. Establishment of the Office of Management and Enterprise Services' goal and criteria fo r use by the vendor; and Req. No. 2487 Page 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2. Selection criteria for the design -build team vendor to b e selected through a Request For Propos al process. K. Following receipt of the preliminary plan as approved by the Committee, the Office of Management and Enterprise Serv ices shall solicit Requests For Proposals to select the vendor for the project. L. The Committee shall deliver a final plan to the Director of the Office of Management and Enterprise Services no later than June 30, 2015. The final plan shall include the following components: 1. Approval of the final scope of work developed by the vendor ; and 2. Approval of the project phasi ng developed by the vendor. M. Following delivery of the fi nal plan, the Committee shall continue to oversee the expenditure of pro ceeds from the sale of obligations issued pursuant to the provisions of this section and Section 1 of Enrolled House Bill No . 3168 of the 2nd Session of t he 55th Legislature, until com pletion of the renovation, repair and remodeling of the State Capitol. The Committee may also propose and approve amendments to the plan as it deems appropr iate. N. The Director of the Office of Management and Enterprise Services shall have responsibilit y to substantially implement the plan as presented by the Committee; pro vided, the President Pro Tempore of the Senate or the Speaker of the House of Represe ntatives shall approve all proposed des igns related to renovation, re pair and remodeling of space w ithin the State Capitol Building under the Req. No. 2487 Page 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 management and control of the Legislature and allocated to that officer's house of the Legislature pursuant to the provisions of Section 15.1 of this tit le, and any subsequent changes to such plans. Joint approva l of the President Pro Tempore of the Senate and the Speaker of the Hous e of Representatives shall be required for such plans for space under the management and control of the Legislature and not allocated to a specific house of the Legislature. Such appr oval shall be in writing. O. Insofar as they are not in conflict with t he provisions of this section, the provi sions of Section 151 et seq. of this title shall apply to this section. SECTION 6. AMENDATORY 74 O.S. 2021, Section 41 01, is amended to read as follows: Section 4101. As used in Sections 410 1 through 4108 4110.1 of this title: 1. "Public areas" means those areas in the Capi tol open to the general public for gen eral visitation; and 2. "Art" means fine art of museum qual ity representing the highest quality of art objects available to include paintings, murals, graphic arts, art photography and sculpture, aesthetically aligned with recognized values, created by th e conscious use of skill and creative imagination.; Req. No. 2487 Page 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 3. "Enhancement" means an increase or improvement upon the quality, value, or extent of the original design intent of the Capitol, Governor's Mansion, or the respective grounds; 4. "Grounds" means all land surrounding the State Capi tol and bordered by Lincoln Bo ulevard, and the land contained within the fence line surrounding the Gover nor's Mansion; 5. "Maintenance" means keeping spaces, structures , and infrastructure in proper operating condition in a rou tine, scheduled or anticipated fashion to prevent failure or degradation; 6. "Modification" means any change to an existing physical attribute of the Capitol, Governor 's Mansion, or the respective grounds; 7. "Preservation" means the act or process of app lying measures necessary to sustain the existing form, i ntegrity, and materials of a historic property. Work including preliminary me asures to protect and stabilize the property, generally focus ing upon the ongoing maintenance and repair of historic materia ls and features, rather than extensive replacement and new construction; and 8. "Restoration" means the act or process of accurately depicting the form, features , and character of the Capitol as the building appeared in 1917, and dome in 2002, by means of the removal of features from later periods in its his tory and reconstruction of missing features from the restoration period. Req. No. 2487 Page 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 SECTION 7. AMENDATORY 74 O.S. 2021, Section 410 2, is amended to read as follo ws: Section 4102. There is hereby re-created, to continue until July 1, 2024 July 1, 2026, in accordance with the provisions of the Oklahoma Sunset Law, the State Capitol Preservation Commission which shall be responsible for p lanning and supervising the preservation and restoration of the interior and e xterior of the State Capitol Building, hereinafter referred to as the Capitol, and the Governor 's Mansion. The Commission shall control approve the display of art objects in public area s of the Capitol and the Governor's Mansion. The State Capitol Preservation Commission shall provide the highest quality maintenance, restoration, preservation, enhancement, and modification of and long -term planning for the interior a nd exterior of the State Capitol, hereinafter referred to as the Capit ol, Governor's Mansion, and the respective grounds for the perpetual use by the state government and the enjoyment of all persons. SECTION 8. AMENDATORY 74 O.S. 2021, Section 4103, is amended to read as follows: Section 4103. A. The State Capitol Preservation Commission shall be composed of fifteen ( 15) members as follows : 1. Three members shall be appoin ted by the The Governor, or designee; 2. Three members shall be appointed by t he The President Pro Tempore of the Senate , or designee; Req. No. 2487 Page 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 3. Three members shall be appointed by the The Speaker of the House of Representativ es, or designee; 4. One member shall be appointed by the The Chief Justice of the Oklahoma Supreme Court, or designee; and 5. One member of the Senate appointed by the President P ro Tempore of the Senate; 6. One former senator appointed by the President Pro Tempore of the Senate; 7. One member of the House of Representatives appointed by the Speaker of the House of Representatives; 8. One former member of the House of Representatives appointed by the Speaker of the House of Representatives; 9. The Secretary of State; and 10. The following shall be ex officio nonvoting members: a. Chairman Executive Director of the Oklahoma Arts Council, or designee, b. President Executive Director of the Oklahoma Historical Society, or designee, c. Capitol Architect and Curator, d. Superintendent of the Capitol legislative liaison, and e. Director of the Office of Management and Enterprise Services or a designee, and f. a licensed architect with experience in historic preservation projects appointed by the Governor. Req. No. 2487 Page 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 B. The initial term of office of the appointed members shall be as follows: 1. One of the members appointed by the Governor, the President Pro Tempore of the Senate, the Speaker of the House of Representatives, and the member appointed by the Chief Justice of the Oklahoma Supreme Court shall serve a one -year term; 2. One of the members appointed by the Governor, the President Pro Tempore of the Senate, and the Speaker of the House o f Representatives shall serve a three-year term; and 3. One of the members appoi nted by the Governor, the President Pro Tempore of the Senate, and t he Speaker of the House of Representatives shall serve a five -year term. The term of office for each succes sor shall be for five (5) years. Any member of the Legislature who is appointed to the Commission shall serve only as long as the member is a member of the respective house from which the member was appointed. All appointed voting and ex officio non-voting members of the State C apitol Preservation Commission shall serve at the pleasure of their appointing authority. C. The Commission shall elect a chair and a v ice-chair from its membership to serve for a period of two (2) years. The first chair of the Commission shall be the Governor, or designee, who will serve a term of two (2) years. Thereafter, the chair of the Comm ission shall rotate between the President Pro Tempore of the Senate, or Req. No. 2487 Page 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 designee, Speaker of the House of Representa tives, or designee, and the Governor, or designee, for two-year increments in perpetuity . Members of the Commission shall not be compensated except for reimbursement as provided in the State Travel Reimbursement Act. D. The Office of Management and Ente rprise Services shall make the necessary arrangements for support services for the State Capitol Preservation Commission. The State Capitol Preservation Commission shall meet at least once per quarter and at the call of the chair as needed. A quorum of the voting members shall be present for any acti on taken. A quorum is the majority of the appointed voting members. The Commission shall be subject to the Oklahoma Open Meeting Act. E. The Commission functions performed by the Governo r, President Pro Tempore of the Senate, Speaker of the House of Representatives, Secretary of State, and appointed senators and representatives are additional functions of their othe r public offices and duties. SECTION 9. AMENDATORY 74 O.S. 2021, Sec tion 4104, is amended to read as follows: Section 4104. A. The State Capitol Preservation Commission shall provide oversight and advice to the legislative liaison and shall: 1. Research, plan, and have control of modifications and decor of the interior and exterior of the Capitol and the Governor's Req. No. 2487 Page 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Mansion Provide guidance in the maintenance, restoration, preservation, enhancemen t, or modification of the Capitol , Governor's Mansion, and the respective grounds; 2. Establish standards for the ac quisition and display of works of art for public display in the Capitol and the Governor 's Mansion and select such works. Such works of art shall be directly related to the history and culture of the State of Oklahoma Review and accept the annual budget and the long-range master plan submitted by the OMES Facility Management Division or legislative lia ison for the Capitol, Governor's Mansion, and the respective grounds; 3. Establish procedures by which pri vate contributions of suitable art can be accepted for the C apitol and the Governor's Mansion. The Commission is authorized to accept and make proper disposition of works of art as may be donated to the Commission and this state. Review and accept all requ ests for preservation, restoration, enhancement , and modification to the Capitol, Governor's Mansion, and the respective grounds submitted by the legislative liaison. This shall not apply to actions deemed by the Capitol superintendent to be maintenance necessary for the u pkeep and function of the Capitol , Governor's Mansion, and the respective grounds; 4. Have authority to approve and sub mit to the Long-Range Capital Planning Commission any proposed modification, alteration, renovation, repair, or construction on any part of the Capitol and Req. No. 2487 Page 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 the Governor's Mansion Review and accept a security plan submitted by the Department of Public Safety for the Capitol, Governor's Mansion, and the respective grounds; and 5. Have final approval authority for any plans or programs for the restoration, preservation, or display of fine art programs in and surrounding the Capitol and the Governor's Mansion. Review and accept administrative rules submitted by OMES Facilities Management or the legislative liaison concerning the Capitol, Governor's Mansion, the respective contents, and the respective conc erns; 6. Review and adopt preservation zones and design standards submitted by the State Capitol P reservation Office for the C apitol, Governor's Mansion, and the respective grounds; 7. Review and accept standards for the selection and acquisition of works of art and monuments for permanent and temporary public display in the Capitol, the Governor's Mansion, and the respective grounds. Suc h works of art shall be direct ly related to the history and culture of this state; 8. Consult the Oklahoma Arts Council to determine the location of all works of art and monuments to be displayed; 9. Provide for the allocation of physical spa ce in the Capitol to tenants within the limits of Section 15.1 of Title 73 of the Oklahoma Statutes. Each tenant shall be responsible for assigning its membership and personnel to locations within its allotted space; and Req. No. 2487 Page 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 10. Provide for designation of parking space blocks to be allotted to the tenants in the Capitol. Tenants will be responsible for assignment of individual parking spaces. B. The Long-Range Capital Planning Commission shall submit any capital construction or renovation project with respect to the State Capitol or the Governor's Mansion to the State Capitol Preservation Commission for its adv isory opinion prior to considerat ion by the Long-Range Capital Planning Commission As of the effective date of this act, the State Capitol Preservation Commission shall assume oversight responsibility of the Capitol Restoration Project from the State Capitol Repair Expenditure Oversight Committee created in Section 345 of Title 73 of the Oklahoma Statutes . SECTION 10. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 4105a of Title 74, unless there is created a duplication in numb ering, reads as follows: There is hereby established the position of the Capitol Architect and Curator who shall: 1. Develop the technical plans and programs for consider ation by the State Capitol Preservation Commission and the Long-Range Capitol Planning Commi ssion with regard to restoration, renovation, and preservation of t he Capitol and the Govern or's Mansion; 2. Advise the State Capitol Preservation Commission regarding the space demands of the various agencies in the Capit ol and the Governor's Mansion; Req. No. 2487 Page 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 3. Maintain a record of all structural and decor changes made in the Capitol and the Governor's Mansion; and 4. Make recommendations to the State Capitol Preservation Commission of necessary action o n proposed modifications in decor or design to ensure pre servation and maintenance of the cultural and historic integrity of the Capitol and the Governor's Mansion. The Director of the Office of Management and Enterprise Services may contract for the services of a Capitol Architect and Curator or employ such an individual on either a full- or part-time basis. Compensation for the position will be in accord with similar professional positions in state government. SECTION 11. NEW LAW A new section of law to be codified in the Oklahoma Statu tes as Section 4105.1 of Title 74, unless there is created a duplication in numb ering, reads as follows: A. The OMES Facilities Management Divis ion shall be the custodian of the Capitol, Governor's Mansion, and the respective grounds. To aid in these duties, the Office is established under the State Capitol Preservation Commission. All administration and budgetary decisions for the Office shall be made by OMES with authorization by the State Capitol Preservation Commissio n. B. The duties of OMES Facilities Management are as follows: 1. The Office shall have the responsibility for maintenance, restoration, preservation, enhancement , and modification of the Capitol, Governor's Mansion, and respective grounds including Req. No. 2487 Page 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 facilities planning, facilities const ruction, and facilities administration; 2. The Office shall be responsible for all maintenance duties necessary to properly preserve and mai ntain the Capitol, Gov ernor's Mansion, and the respective gr ounds; 3. The Office shall be responsible for devising a nd developing processes for tenants in the Capitol and Governor's Mansion to submit requests for maintenance, restora tion, preservation, enhancement, and modification and evaluating such requests; 4. The Office shall be responsible for submitting preservat ion zones and design standards to the State Capitol Preservation Commission; 5. The Office shall manage each project to ensure execution of the highest quality w ork product, time-cost schedules, and efficient contract performance; 6. The Office shall be r esponsible for producing an annual budget and submittin g it to the State Capitol Pre servation Commission; 7. The Office shall be responsibl e for creating a long -range master plan for the maintenan ce and upkeep of the Capitol, Governor's Mansion, and the respective grounds which shall be submitted to the State Capitol Preservation Commissi on every three (3) years; Req. No. 2487 Page 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 8. The Office shall be respon sible for operation or coordinating operation of the visitor center, visitor relations activities, and tours in the Capito l; 9. The Office shall be responsible for operation of all dining and vending services in the Capitol and shall approve food trucks and other mobile food prep aration vehicles on t he grounds; 10. The Office shall be responsible for taking and a pproving reservations in all meeting rooms and areas of the Capitol and grounds not allocated to the Legislature by the Section 15.1 of Title 73 of the Oklahoma Statutes; 11. The Office shall be responsible for approving all events and gatherings in the Capitol and on the respective grounds except for space designated in Section 15.1 of Title 73 of the Oklahoma Statutes; 12. The Office shall coordinate with the Oklahoma Art s Council for curation of and care for a ll exhibits, art, monuments, and memorials at the Capitol, Governor's Mansion, and the respective grounds; 13. The Office shall coordinate with the Department of Pu blic Safety to ensure the safety of all visitors, employee s, and elected officials who are in the Cap itol, Governor's Mansion, or on the respective grounds. In cooperation with the Department of Public Safety, a security plan shall be submitted to the State Capitol Preservation Commission every three (3) years; Req. No. 2487 Page 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 14. The Office shall be responsi ble for all maintenance, upkeep, and access to all parking lots on the grounds of the Capitol and Governor's Mansion; 15. The Office shall be responsible for su bmitting proposed administrative rules to the S tate Capitol Preservation Commission to govern the execution of the duties of the Office; and 16. The Office may collect rent from third-party vendors in the Capitol and proceeds from the sale of merchandise or services rendered. C. OMES leadership is responsible for ensuring the duties of the Office are carried out in an effectiv e and efficient manner. OMES Facilities Management shall employ all staff and consultants necessary to perform the duties of the Office including, but not limited to, a licensed architect. SECTION 12. AMENDATORY 74 O.S. 2021, Section 4108, is amended to read as follows: Section 4108. The provisions of Sections 4101 through 4107 4110.1 of this title shall apply to all modifications in the structure or decor of the Capitol and the, Governor's Mansion, and the respective grounds except for those immedi ate emergency repairs needed to prevent loss or damage to property or to protect the health and safety of the public during use of the building and any art displayed on the grounds. Req. No. 2487 Page 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 SECTION 13. NEW LAW A new section of law to be codi fied in the Oklahoma Statutes as Section 4108.1 of Title 74, unless there is created a duplicat ion in numbering, reads as follows: The Oklahoma Arts Council shall be given the responsibility to maintain, preserve, or restore any art that is in storage or on display in the Capitol, Governor's Mansion, and the respective grounds. The council is authorized to hold exhibitions and commissions to display a rt to the general public. The Oklahoma Arts Council may request dir ect appropriations or sub mit requests to OMES Facilities Management. SECTION 14. AMENDATORY 74 O.S. 2021, Section 4109, is amended to read as follows: Section 4109. By the order of the Director of the Office of Management and Enterprise Services, restoration and preser vation Maintenance, restoration, preservation, enhancement , and modification projects of the State Capitol Building or of the, Governor's Mansion, and the respective grounds may be exempted from the provisions of the Public Competitive Bidding Act of 1974, Section 101 et seq. of Title 61 of the Oklahoma Statutes. For exempted State Capitol Building or Governor's Mansion construction projects, the Office of Management and Enterprise Services shall select among contractors qualified by past experience to con duct historical preservation projects. Req. No. 2487 Page 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 SECTION 15. REPEALER 74 O.S. 2021, Sections 4106 and 4107, are hereby repealed. SECTION 16. It being immediately necessary for the preserva tion of the public peace, health or safety, an emergency is hereby declared to exist, by reason whereof thi s act shall take effect and be in full force from and after its passage and approval. 58-2-2487 KR 1/20/2022 4:48:19 PM