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ENGROSSED HOUSE AMENDME NT
TO
ENGROSSED SENATE BILL NO . 1029 By: Thompson (Kristen) of the
Senate
and
Roe of the House
An Act relating to the Department of Mental Health
and Substance Abuse Ser vices; amending 43A O.S. 2021,
Section 2-111, as amended by Section 1, Cha pter 267,
O.S.L. 2022 (43A O.S. Supp. 2022, Section 2-111),
which relates to real property trust; authorizing
sale of certain land; clarifying terminology; and
providing an effective date.
AMENDMENT NO. 1. Strike the title, enacting clause, and entire bill
and insert:
"An Act relating to the Department of Mental Health
and Substance Abuse Ser vices; amending 43A O.S. 2021,
Section 2-111, as amended by Section 1, Cha pter 267,
O.S.L. 2022 (43A O.S. Supp. 2022, Section 2 -111),
which relates to real property trust; authorizing
sale of certain land; clarifying terminology; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 43A O.S. 2021, Section 2-111, as
amended by Section 1, Chapter 267, O.S. L. 2022 (43A O.S. Supp. 2 022,
Section 2-111), is amended to read as follows:
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Section 2-111. A. 1. The Board of Mental Health and Substa nce
Abuse Services is hereby authorized and di rected to create a trust
into which all real property held by o r for the benefit of the
Department of Mental Health and Substance Abuse Services shall be
transferred.
2. The trust shall provide that:
a. the property placed into the trust may never be sold ,
except for the tracts specifically described in
subparagraph c of this paragraph, if it is determined
by the trustees for the Department's Real Property
Trust and by the Department that such a sale is in the
best interests of the Department, and then the
proceeds shall be used exclusively for tangible
infrastructure improvements that benefit the persons
served by the Department,. The provisions of 61 O.S.
Section 327 do not apply to the sale of real property
under this section, otherwise the property shall be
held in perpetuity for the sole benefit of the
Department,
b. the property held by the tr ust which is not needed for
use by the Department may be leased or ren ted to
others and all income received from such leases or
rentals shall be payable to the Department for use by
the Department to fulfill the purpo ses of the
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Department, except as provid ed in subparagraph d of
this section,
c. the following tract or tracts of land may be sold as
set forth in subparagraph a of this paragraph:
(1) Land owned by the Department located in Sections
20 and 29, Township 9 N orth, Range 2 West,
Cleveland County, Oklahoma,
(2) Land owned by the Department located in Block 5
of Culbertson Heights Addition to the City of
Oklahoma City, Oklahoma County, Oklahoma,
(3) Land owned by the Department located in Section
27, Township 9 North, Range 2 West, Cleveland
County, Oklahoma,
(4) Land owned by the Department located in Section
20 North, Township 20 North, Range 13 East and
described as PRT NW NW BEG 659.68S 659.68 Feet
South & 310.67E 310.67 Feet East NWC NW TH
N142.64 NE150 NW140 to PT on SL Mohawk BLVD NE300
SE187.75 E204.92 to PT 405W EL NW NW S355.89 to
PT on NL ATLANTA CIRCLE ADD W604.06 POB SEC 2 0 20
13 5.168 ACS, thence North 142.64 Feet, NE 150
Feet, NW 140 Feet to point on South Line Mohawk
Blvd, NE 300 Feet, SE 187.75 Fee t, East 204.92
Feet to point 405 West o f East Line NW, thence
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South 355.89 Feet to point on North Line Atlanta
Circle ADD, thence West 604.06 to Point of
Beginning, 5.16 acres More or Less in Tulsa
County, Oklahoma,
(5) Land owned by the Department located in all that
part of the North Half of the Northwest Quarter
of the Northwest Quarter (N/2 NW1/4 NW1/4) of
Section 20 North, Township 20 North, Range 13
East of the Indian Base and Meridian, Tulsa
County, State of Oklahoma, according to the
United States Government Survey thereof, being
more particularly described as BEGINNING at the
Northeast corner of said such NW/4 NW/4; thence
West along the North line of said such NW/4, a
distance of 405 feet to a point; thence South and
parallel to the East line of said such NW/4, a
distance of 615.53 feet to a point; thence East
and parallel to the North l ine of said such NW/4,
a distance of 405 feet to a point in the East
line of said such NW/4 NW/4, and said such point
being 615.53 feet South of the Northeast corner
of said such NW/4 NW/4; thence North along the
East line of said such NW/4 NW/4 a distance of
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615.53 feet to a Poin t and Place of the
Beginning, and
(6) Land owned by the Department located in Lots 13
through 24, Inclusive Block 5 and Bath Orchard
Addition to Oklahoma City, SE 1/4 of Section 26,
Township 12 North, Range 3 West, and
(7) Land owned by the Department located in a portion
of Block 2 in Warr Acres, Oklahoma and describe d
as SE 1/4, SE 1/4 of Section 9, Township 12
North, Range 4 West, and
d. under no condition should any real proper ty held in
trust be sold to fund prevention, mental health or
addiction treatment services.
B. Upon the creation of the trust authorized i n subsection A of
this section, the Office of Management and Enterprise Services is
directed to provide all necessary assistance to the Department of
Mental Health and Substance Abuse Services to identify and transfer
all property held by or for the benefi t of the Department of Mental
Health and Substance Abuse Services to the trust. Except as
provided in subsection C o f this section, the Office of Management
and Enterprise Services is authoriz ed and directed to provide all
requested assistance to the Depa rtment of Mental Health and
Substance Abuse Services in leasing property placed in such trust.
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C. The Commissioners of the Land Office are authorized and
directed to provide all requested assi stance to the Department of
Mental Health and Substance Abuse S ervices in leasing mineral
interests placed in such trust.
SECTION 2. This act shall become effectiv e November 1, 2023."
Passed the House of Representatives the 20th day of April, 2023.
Presiding Officer of the House of
Representatives
Passed the Senate the ____ day of ____ ______, 2023.
Presiding Officer of the Senate
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ENGROSSED SENATE
BILL NO. 1029 By: Thompson (Kristen) of the
Senate
and
Roe of the House
An Act relating to the Department of Mental Health
and Substance Abuse Ser vices; amending 43A O.S. 2021,
Section 2-111, as amended by Section 1, Cha pter 267,
O.S.L. 2022 (43A O.S. Supp. 2022, Section 2 -111),
which relates to real property trust; authorizing
sale of certain land; clarifying terminology; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 3. AMENDATORY 43A O.S. 2021, Section 2 -111, as
amended by Section 1, Chapter 267, O.S.L. 2022 (43A O.S. Supp. 2022,
Section 2-111), is amended to read as follows:
Section 2-111. A. 1. The Board of Mental Health and Substa nce
Abuse Services is hereby authorized and di rected to create a trust
into which all real property held by o r for the benefit of the
Department of Mental Health and Substance Abuse Services shall be
transferred.
2. The trust shall provide that:
a. the property placed into the trust may never be sold ,
except for the tracts specif ically described in
subparagraph c of this paragraph, if it is determined
by the trustees for the Department's Real Property
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Trust and by the Department that such a sale is in the
best interests of the Department, and then the
proceeds shall be used exclus ively for tangible
infrastructure improvements that benefit the persons
served by the Department, otherwise the property shall
be held in perpetuity for the sole benefit of the
Department,
b. the property held by the trust whi ch is not needed for
use by the Department may be leased or ren ted to
others and all income received from such leases or
rentals shall be payable to the Department for use by
the Department to fulfill the purpo ses of the
Department, except as provided in s ubparagraph d of
this section,
c. the following tract or tracts of land may be sold as
set forth in subparagraph a of this paragraph:
(1) Land owned by the Department located in Sections
20 and 29, Township 9 N orth, Range 2 West,
Cleveland County, Oklahoma ,
(2) Land owned by the Depart ment located in Block 5
of Culbertson Heights Addition to the City of
Oklahoma City, Oklahoma County, Oklahoma,
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(3) Land owned by the Department located in Section
27, Township 9 North, Range 2 West, Cleveland
County, Oklahoma,
(4) Land owned by the Department located in Section
20 North, Township 20 North, Range 13 East and
described as PRT NW NW BEG 659.68S 659.68 Feet
South & 310.67E 310.67 Feet East NWC NW TH
N142.64 NE150 NW140 to PT on SL Mohawk BLVD NE300
SE187.75 E204.92 to PT 405W EL NW NW S355.89 to
PT on NL ATLANTA CIRCLE ADD W604.06 POB SEC 2 0 20
13 5.168 ACS, thence North 142.64 Feet, NE 150
Feet, NW 140 Feet to point on South Line Mohawk
Blvd, NE 300 Feet, SE 187.75 Fee t, East 204.92
Feet to point 405 West of East Line NW, thence
South 355.89 Feet to point on North Line Atlanta
Circle ADD, thence West 604.06 to Point of
Beginning, 5.16 acres More or Less in Tulsa
County, Oklahoma,
(5) Land owned by the Department located in all that
part of the North Half of the Northwest Quarter
of the Northwest Quarter (N/2 NW1/4 NW1/4) of
Section 20 North, Township 20 North, Range 13
East of the Indian Base and Meridian, Tulsa
County, State of Oklahoma, according to the
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United States Government Survey thereof, being
more particularly described as BEGINNING at the
Northeast corner of said such NW/4 NW/4; thence
West along the North line of said such NW/4, a
distance of 405 feet to a point; thence South and
parallel to the East line of said such NW/4, a
distance of 615.53 feet to a point; thence East
and parallel to the North l ine of said such NW/4,
a distance of 405 feet to a point in the East
line of said such NW/4 NW/4, and said such point
being 615.53 feet South of the North east corner
of said such NW/4 NW/4; thence North along the
East line of said such NW/4 NW/4 a distance of
615.53 feet to a Poin t and Place of the
Beginning, and
(6) Land owned by the Department located in Lots 13
through 24, Inclusive Block 5 and Bath Orchard
Addition to Oklahoma City, SE 1/4 of Section 26,
Township 12 North, Range 3 West, and
(7) Land owned by the Department located in a portion
of Block 2 in Warr Acres, Oklahoma and describe d
as SE 1/4, SE 1/4 of Section 9, Townsh ip 12
North, Range 4 West, and
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d. under no condition should any real property he ld in
trust be sold to fund prevention, mental health or
addiction treatment services.
B. Upon the creation of the trust authorized i n subsection A of
this section, the Office of Management and Enterprise Services is
directed to provide all necessary assi stance to the Department of
Mental Health and Substance Abuse Services to identify and transfer
all property held by or for the benefi t of the Department of Mental
Health and Substance Abuse Services to the trust. Except as
provided in subsection C of thi s section, the Office of Management
and Enterprise Services is authoriz ed and directed to provide all
requested assistance to the Depa rtment of Mental Health and
Substance Abuse Services in leasing property placed in such trust.
C. The Commissioners of th e Land Office are authorized and
directed to provide all requested assi stance to the Department of
Mental Health and Substance Abuse S ervices in leasing mineral
interests placed in such trust.
SECTION 4. This act shall become effective Nov ember 1, 2023.
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Passed the Senate the 6th day of March, 2023.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2023.
Presiding Officer of the House
of Representatives