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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
COMMITTEE SUBSTITUTE
FOR
SENATE BILL 1663 By: Kirt
COMMITTEE SUBSTITUTE
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;
updating statutory reference; modifying duties of
non-profit corporation; amend ing 73 O.S. 2021,
Section 83.1, which relates to the Capitol grounds
and buildings; re-creating and modifying membership
of the Capitol-Medical Center Improvement and Zoning
Commission; requiring the Department of Public Safety
to create and submit security plan for certain
locations; requiring coordination with certain
agency; amending 73 O.S. 2021, Section 176, which
relates to the permanent Capitol Liaison committee;
creating the position of Capitol Liaison;
transferring certain duties from the legislative
liaison committee to the Capitol Liaison; providing
that the Capitol Liaison is the primary liaison for
capitol tenants; amending 73 O.S. 2021, Section 345,
which relates to the State Capitol Repair Expenditure
Oversight Committee; terminati ng certain committee;
deleting certain responsibility for r eporting and
implementing certain plans; removing requirement for
certain joint approval; deleting certain
construction; amending 74 O.S. 2021, Section 4101,
which relates to definitions; modifying and defining
terms; amending 74 O.S. 2021, Section 4102, w hich
relates to responsibilities of certain commission;
extending sunset termination date; stating purpose of
certain commission; amending 74 O.S. 2021, Sec tion
4103, which relates to certain membership; modifyin g
membership; establishing meeting requireme nts;
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providing that certain Commission functions are
addition functions of certain members; amending 74
O.S. 2021, Section 4104, which relates to powers and
responsibilities of the Commission; modifying and
adding certain powers and responsibilities;
transferring certain oversight responsibilities;
creating the position and providing duties of the
Capitol Architect and curator; establishing the State
Capitol Preservation Office; providing powers and
duties of the Executive Director and of the Office;
amending 74 O.S. 2021, Section 4108, which relates to
application of act; expanding applicability of
certain law; directing the Oklahoma Arts Council to
be responsible for certain art; authorizing certain
events; providing procedures for receiving funds;
amending 74 O.S. 2021, Section 4109, which r elates to
exemptions from the Public Competitive Bidding Act of
1974; adding certain project exemptions ; repealing 74
O.S. 2021, Sections 4106 and 4 107, which relate to
cooperation between commission and branches of stat e
government and compliance with certain administrative
requirements; making language gender neutral;
providing for codification; and declaring an
emergency.
BE IT ENACTED BY THE PEOPLE OF T HE 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 i n the Oklahoma
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 Enterpr ise Services to be
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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 sha ll consist of all monies received
by the Office of Management and Enterpr ise Services pursuant to the
provisions of subsection A of this section. All monies accruing to
the credit of the fund are hereby appropriated a nd shall be budgeted
and expended by the Office of Management and Enterprise Services for
restoration and modification of the Oklahoma State Capitol. B efore
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. Expenditur es from the fund shall be made upon warra nts
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 enhancem ent of
the Oklahoma Capitol and surr ounding areas as defined in Section 1
of this title 4101 of Title 74 of the Oklahoma Statutes .
B. The board of director s of the corporation authorized in
subsection A of this section shall choose its own chairperson.
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C. After proper incorporation, the not-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 sources, the not-for-profit corporation may
receive funds from state agencies at such t imes and in such amounts
as may be appropriated by the Legislature for the Oklahoma Capito l
or made available to the corporation from state agenci es from their
sources of revenue.
E. Costs to underwrite activities 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 steering
committees as necessary to assist in the preservation and
enhancement of the Oklahoma Capitol.
G. The corporation shall coordi nate 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:
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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 du ties hereinafter prescribed.
B. The Commission shall be c omposed of eleven (11) members a s
follows:
1. The Director of the Office of Management and Enterprise
Services or his or her designee, who sh all be ex officio chair of
the Capitol-Medical Center Improvement and Zoning Commission;
2. The Director of the T ransportation Commission or his or her
designee;
3. The President of the University of Oklahoma or his or her
designee;
4. Two members appoi nted by the President Pro Tempor e of the
Senate;
5. Two members appointed by the Speaker of t he 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 Co mmission
Capitol Liaison or his or her designee; and
8. Two members of the Commission appoint ed by the Governor,
with the advice and consent of the State Senate, for four-year
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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 nece ssary
personnel.
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 Represent atives shall be a re sident within
the boundaries of the Capitol-Medical Center Improvement and Zoning
District as set forth in Section 83 of this title.
SECTION 4. NEW LAW A new section of law t o be codified
in the Oklahoma Statutes as Section 93 of Title 73, unless there is
created a duplication in numb ering, reads as follows:
The Department of Public Safety shall create a security plan for
the Capitol and Capitol grounds and the Governor’s Mansion. The
plan shall be submitted to the Capitol Preservati on Commission for
review and approval. A new plan shall be submitted every three (3)
years.
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The department shall coordi nate with the Office of Management
and Enterprise Services to implement and staff the approved security
plan.
SECTION 5. 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 Capitol Liaison committee, composed of three (3) members
from each house, appointed by the President P ro Tempore and Speaker,
respectively to the Capitol Preservation Commission. The
legislative liaison Capitol Liaison committee will shall keep the
Legislature properly a dvised as to the activiti es of the Oklahoma
Capitol Improvement Authority and the Office of Management and
Enterprise Services by making such reports as they deem the Capitol
Liaison deems necessary to the appropriate committees and leadership
of both houses. All l egislative studies c oncerning the
responsibilities or activities of the Oklahoma Capitol Imp rovement
Authority or the Office of Management and Enterprise Servi ces and
all studies of activities or projects rel ating to the Oklahoma State
Capitol Complex shall be considered by presented to the liaison
committee created Capitol Liaison authorized by this section. The
Oklahoma Capitol Improvement Authority and the Office of Management
and Enterprise Services shall notify the membership of the
legislative liaison Capitol Liaison committee in advance of any
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meeting in which official or formal action is to be taken by
furnishing the proposed agenda in writing at least t wenty-four (24)
hours in advance of such meeting.
B. The Oklahoma Capitol Improvement Authority and the Office of
Management and Enterprise Services shall provide such information,
records, testimony, or recommendations as the committee Capitol
Liaison may require.
C. The Capitol Liaison responsibilities shall include serving
as the primary contact for Americans with Disabi lities Act (ADA)
compliance for the Capitol.
D. All proposals for enhancement, modification, preservation,
or restoration of the Capi tol and Capitol grounds, and the
Governor's Mansion and grounds shall be submitted to the Liaison.
The Liaison shall submit all proposals to the Capitol Preserv ation
Commission for appro val.
E. All proposals for space allocation in the Capitol and
parking allocation shall be submitted to the Liaison. The Liaison
shall submit all proposals to the Capitol Preservation Commission
for approval.
F. All proposals for security modifications and enhancements by
agencies, the Senate, o r House of Representatives sha ll be submitted
to the Liaison. The Liaison shall submit all proposals to the
Capitol Preservation Commission for appr oval.
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G. The Capitol Liaison shall be the primary liaison for all
tenants that occupy space in the Capitol.
SECTION 6. AMENDATORY 73 O.S. 2021, Section 345, is
amended to read as follows:
Section 345. A. In addition to any other authorization
provided by law, the Ok lahoma Capitol Improvement Aut hority is
authorized to issue o bligations to acquire real property, to gether
with improvements located thereon, an d 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 Dollar s ($120,000,000.00). The
funds shall be used for the renovation, repair and remodeling of the
State Capitol Building.
B. The Authority may h old title to the property and
improvements until such time as any obli gations 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 defeasa nce 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 cos ts for construction of the
real property and improvements, and providi ng funding for the
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project authorized in sub section A of this section, and for the
purpose authorized in subsection 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 leasi ng of such property and
improvements and, in anticipation of the collection of such income
and revenues, to issue negotiable obligations in a total amount n ot
to exceed One Hundred Twent y Million Dollars ($120,000,000 .00)
whether issued in one or more seri es. 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 appropriat e to the Office of Management and
Enterprise Services sufficient monies to make rental payments for
the purpose of retiring the obligations created pursuant to this
section. To the exte nt funds are available from the proceeds of the
borrowing authorized b y this subsection, the Oklahoma Capitol
Improvement Authority shall provide for the payment of professional
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 counsel, financial consultants,
and such other profe ssionals as it may deem necess ary to provide for
the efficient sale of the obligations and may utili ze a portion of
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the proceeds of any borrowin g to create such reserves as may be
deemed necessary and to pay costs associated with 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 by the
Authority, and in such form and at such prices as may be authorized
by the Authority. The Authority may enter into agreements with su ch
credit enhancers and liquidi ty providers as may be determined
necessary to efficiently market the obligations. The obligations
may mature and have such provisions for redemption as shall be
determined by the Authority, but in no event shall the final
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 utilized as partial payment of the
annual debt service or for the purposes directed by the A uthority.
G. The obligations issued un der 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 poli tical subdivision therein.
H. The Authority may direct the investment of all monies in any
funds or accounts created in connection with the offering of the
obligations authorized under this section. Such investments shall
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be made in a manner consistent w ith the investment guidelines of the
State Treasurer. The Authority may place additional re strictions on
the investment of such monies if necessary to enha nce the
marketability of the o bligations.
I. There is hereby created a State Capitol Repair Expendi ture
Oversight Committee. The proceeds 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 the 55th Oklahoma
Legislature that are ne eded for repairs to the inte rior and exterior
of the State Capitol shall be subject to the approval of the State
Capitol Repair Expenditure Oversight Committee; provided, however,
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 Gover nor, 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 m embers of the
majority political party and o ne of whom shall 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 minori ty
political party. Five members of the Committ ee shall constitute a
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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 Serv ices. The
Committee shall be subject to the Okl ahoma 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
2. Selection criteria for the design -build team vendor to be
selected through a Request For Pr oposal 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 p roject.
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 p hasing 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
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obligations issued pursuant to the provisions of this section and
Section 1 of Enrolled House Bil l No. 3168 of the 2nd Session of the
55th Legislature, until com pletion of the renovation, rep air and
remodeling of the State Capitol. The Committee may also propo se and
approve amendments to the plan as it deems appropriate.
N. The Director of the Offic e of Management and Enterprise
Services shall have responsibilit y to substantially implement t he
plan as presented by the Committee; pro vided, the President Pro
Tempore of the Senate or the Speaker of the Hou se of Representatives
shall approve all proposed designs related to renovation, repair and
remodeling of space w ithin the State Capitol Buildi ng under the
management and control of the Legislature and allocated t o that
officer's house of the Legislature pu rsuant to the provisions of
Section 15.1 of this title, 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 b e required
for such plans for space under th e 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 provisions of Section 151 et seq. of this title
shall apply to this section.
SECTION 7. AMENDATORY 74 O.S. 2021, Section 41 01, is
amended to read as foll ows:
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Section 4101. As used in Sections 410 1 through 4108 4110.1 of
this title:
1. "Public areas" means those areas in the Capitol open to the
general public for general 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, aesthet ically
aligned with recognized values, created b y the conscious use of
skill and creative imagination.;
3. "Design standards" mea ns a document that is produc ed for the
purpose of guiding review of proposed alterations to the Capitol,
Governor's Mansion, and respective grounds.
Design standards set the acceptable level of finishes for the
historic fabric, features, and materials in use in the Capitol.
This document establishes specifications for alterat ions which,
if followed, will provide comp atible design.
4. "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;
5. "Grounds" means all land surrounding the State Capitol and
bordered by Lincoln Boulevard, and the land containe d within the
fence line surrounding the Gover nor's Mansion;
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6. "Maintenance" means keeping spaces, structures , and
infrastructure in proper operating condition i n a routine, scheduled
or anticipated fashion to prevent failure or degradation;
7. "Modification" means any change to an existing physical
attribute of the Capito l, Governor's Mansion, or the respective
grounds;
8. "Preservation" means the act or proces s of applying measures
necessary to sustain the existing form, integrity, 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 histor ic materials and features, rather
than extensive replacement and new construction; and
9. "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, b y means of the removal
of features from later periods in its history and reconstruction of
missing features from the restoration period.
SECTION 8. 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 Preserva tion Commission which
shall be responsible for p lanning and supervising the preservation
and restoration of the interior and exterior of the State Capitol
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Building, hereinafter referred to as the Capitol, and the Governor 's
Mansion. The Commission shall control approve the display of art
objects in public ar eas 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 l ong-term planning for the interior a nd exterior
of the State Capitol, hereinafter referred t o as the Capitol,
Governor's Mansion, and the respective grounds for the perpetual use
by the state government and the enjoyment of all persons.
SECTION 9. AMENDATORY 74 O.S. 2021, Section 410 3, is
amended to read as follows:
Section 4103. A. The State Capitol Preservation Commission
shall be composed of fifteen (15) fourteen (14) members as follows:
1. Three members shall be appoin ted by the The Governor, or
designee;
2. Three members shall be appointed by the The President Pro
Tempore of the Senate , or designee;
3. Three members shall be appointed by the The Speaker of the
House of Representatives, 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 Pro
Tempore of the Senate;
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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 Capitol Liaison, and
e. Director of the Office of Management and Enterprise
Services or a designee.
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;
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2. One of the members appointed by the Governor, the President
Pro Tempore of the Senate, an d 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 Ho use 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 Legislatu re 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 Capitol
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) year s. The first chair
of the Commission shall be the Governor, or designee, who shall
serve a term of two (2) years. Thereafter, the chair of the
Commission shall rotate between the President Pro Tempore of the
Senate, or designee, Speaker of the House of Representatives, 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.
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D. The Office of Management and Enterprise Services shall make
the necessary arrangements for support services for t he 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 action 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 o f
Representatives, Secretary of State, and appointed senators and
representatives are additional functions of their othe r public
offices and duties.
SECTION 10. AMENDATORY 74 O.S. 2021, Section 4104, is
amended to read as follows:
Section 4104. A. The State Capitol P reservation Commission
shall provide oversight to the Capitol Liaison and the Office of
Management and Enterp rise Services on duties for management and
maintenance of the State Capitol and shall:
1. Research, plan, and have control of modifications and de cor
of the interior and exterior of the Capitol and the Governor's
Mansion Approve the maintenance, restoration, preservation,
enhancement, or modification of the Capitol, Governor's Mansion, and
the respective grounds;
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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
approve the annual budget and the long-range master plan submitted
by the Office of Management and Enterprise Services 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 approve and make
proper disposition of works of art as may be donated to the
Commission and this state ;
4. Review and approve all requests for preservation,
restoration, enhancement , and modification to the Capitol,
Governor's Mansion, and the respective grounds submitted by the
Capitol Liaison. This review and approval process shall not apply
to actions deemed by the Capitol Superintendent to be maintenance
necessary for the upkeep and function of the Capitol , Governor's
Mansion, and the respective grounds;
4. 5. Have authority to approve and sub mit to the Long-Range
Capital Planning Commission any propose d modification, alteration,
renovation, repair, or construction on any part of the Capitol and
the Governor's Mansion Review and approve a security plan submitted
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by the Department of Public Safety for the Capitol, Governor's
Mansion, and the respective grounds; and
5. 6. Have final approval aut hority 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 approve administrative rules submitted by the Office of
Management and Enterprise Ser vices or the Capitol Liaison concerning
the Capitol, Governor's Mansion, the respective contents, and the
respective concerns;
7. Review and approve preservation zones and design standards
for the Capitol, Governor's Mansion, and the respective grounds;
8. Review and approve 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;
9. Consult the Oklahoma Arts Council to determine the location
of all works of art and monuments to be displayed;
10. 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;
11. Approve rooms and areas of the building available for use
and reservation by the public;
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12. Provide oversight and accountabil ity inspections of
maintenance, restoration, preservation, enhancement, and
modification projects to ensure all projects conform to design
standards;
13. Provide for designation of parking space blocks to be
allotted to the tenants in the Capitol. Tenants shall be
responsible for assignment of individual parking spaces; and
14. Ensure the Capitol, grounds, and tenants comply with
Americans with Disabilities Act standards.
B. The Long-Range Capital Planning Commissio n 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 Commis sion 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 11. 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 numbering, reads as follows:
There is hereby established the position of the Capitol
Architect and Curator who shall:
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1. Develop the technical plans and programs for consider ation
by the State Capitol Preservation Commission with regard to
restoration, renovation, and preserv ation of the Capitol and the
Governor'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;
3. Maintain a record of all structural and decor changes made
in the Capitol and the Governor's Mansion;
4. Make recommendatio ns to the State Capitol Prese rvation
Commission for design standards and of necessary action o n proposed
maintenance, restoration , preservation, enhancement , and
modifications in decor or design to ensure pre servation and
maintenance of the cultural and hi storic integrity of the Capitol
and the Governor's Mansion; and
5. Make recommendations to the State Capitol Preservation
Commission for preservation zones and design standards.
The Director of the Office of Mana gement 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 positi on shall be in accord with similar
professional positions in state government.
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SECTION 12. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 4105.1 of Title 74, unless there
is created a duplication in n umbering, reads as follows:
A. The Office of Management and Enterprise Services (OMES)
shall be the custodian of the Capitol, Governor's Mansion, and the
respective grounds. To aid in these duties, the State Capitol
Preservation Office is established under the State Capitol
Preservation Commission. All administration and budgetary decisions
for the State Capitol Preservation Office shall be made by the
Office of Management and Enterprise Services with authorization by
the State Capitol Preservation Commi ssion.
B. The State Capitol duties of the Office of Management and
Enterprise Services are as follows:
1. OMES shall have the responsibility for mainte nance,
restoration, preservation, enhancement, and modification of the
Capitol, Governor's Mansion, and respective grounds including
facilities planning, facilities const ruction, and facilities
administration;
2. OMES shall be responsible for all maintena nce duties
necessary to properly preserve and maintain the Capitol, Gov ernor's
Mansion, and the respective grounds;
3. OMES shall be responsible for devising a nd developing
processes for tenants in the Capitol and Governor's Mansion to
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submit requests for maintenance, restoration, preservation,
enhancement, and modification and evaluating such requests;
4. OMES shall manage each project to ensure execution of the
highest quality work product, time-cost schedules, and efficient
contract performance;
5. OMES shall be responsible for producing an annual budget and
submitting it to the State Capitol Pre servation Commission;
6. OMES shall be responsible 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 Commission every three (3) years;
7. OMES shall be responsible for operation or coordinating
operation of the visitor center, visitor relations activities, and
tours in the Capitol;
8. OMES 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;
9. OMES shall be responsible for taking and approving
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;
10. OMES shall be responsible for approving all events and
gatherings in the Capitol and on the respective grounds except for
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space designated in Section 15.1 of Title 73 of the Oklahoma
Statutes;
11. OMES shall coordinate with the Oklahoma Art s Council for
curation of and care for a ll exhibits, art, monuments, and memorials
in public areas at the Capitol, Governor's Mansion, and the
respective grounds;
12. OMES shall coordinate with the Department of P ublic 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 St ate Capitol
Preservation Commission every three (3) years;
13. OMES shall be responsible for all maintenance, upkeep, and
access to all parking lots on the grounds of the Capitol and
Governor's Mansion;
14. OMES shall be responsible for submitting proposed
administrative rules to the S tate Capitol Preservation Commission to
govern the execution of the duties of the Office; and
15. OMES may collect rent from third-party vendors in the
Capitol and proceeds from the sale of mer chandise or services
rendered.
C. The Office of Management and Enterprise Services shall
employ all staff and consultants necessary to perform the duties of
the Office including, but not limited to, a licensed architect.
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SECTION 13. 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.
SECTION 14. 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
acquire, maintain, preserve, or restore any state-owned 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 art to the general public. The Oklahoma
Arts Council may request direct appropriations or sub mit requests to
the Office of Management and Enterprise S ervices.
SECTION 15. AMENDATORY 74 O.S. 202 1, Section 4109, is
amended to read as follows:
Section 4109. By the order of the Director of the Offi ce of
Management and Enterprise Services, restoration and preser vation
Maintenance, restoration, preservation, enhancement , and
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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.
SECTION 16. REPEALER 74 O.S. 2021, Sections 4106 and
4107, are hereby repealed.
SECTION 17. It being immediately n ecessary for the preserva tion
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereo f this act shall take effect and
be in full force from and after its passage and approval.
58-2-3639 KR 3/3/2022 11:34:49 AM