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| 3 | + | ENGR. H. A. to ENGR. S. B. NO. 1029 Page 1 1 | |
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| 3 | 27 | ||
| 4 | - | ||
| 5 | - | An Act | |
| 6 | - | ENROLLED SENATE | |
| 7 | - | BILL NO. 1029 By: Thompson (Kristen) of the | |
| 28 | + | ENGROSSED HOUSE AMENDME NT | |
| 29 | + | TO | |
| 30 | + | ENGROSSED SENATE BILL NO . 1029 By: Thompson (Kristen) of the | |
| 8 | 31 | Senate | |
| 9 | 32 | ||
| 10 | 33 | and | |
| 11 | 34 | ||
| 12 | 35 | Roe of the House | |
| 13 | - | ||
| 14 | 36 | ||
| 15 | 37 | ||
| 16 | 38 | ||
| 17 | 39 | ||
| 18 | 40 | An Act relating to the Department of Mental Health | |
| 19 | 41 | and Substance Abuse Ser vices; amending 43A O.S. 2021, | |
| 20 | 42 | Section 2-111, as amended by Section 1, Cha pter 267, | |
| 21 | 43 | O.S.L. 2022 (43A O.S. Supp. 2022, Section 2-111), | |
| 22 | 44 | which relates to real property trust; authorizing | |
| 23 | 45 | sale of certain land; clarifying terminology; and | |
| 24 | 46 | providing an effective date. | |
| 25 | 47 | ||
| 26 | 48 | ||
| 27 | 49 | ||
| 28 | 50 | ||
| 29 | 51 | ||
| 30 | - | SUBJECT: Department of Mental Health and Substance Abuse Services | |
| 52 | + | AMENDMENT NO. 1. Strike the title, enacting clause, and entire bill | |
| 53 | + | and insert: | |
| 54 | + | ||
| 55 | + | ||
| 56 | + | "An Act relating to the Department of Mental Health | |
| 57 | + | and Substance Abuse Ser vices; amending 43A O.S. 2021, | |
| 58 | + | Section 2-111, as amended by Section 1, Cha pter 267, | |
| 59 | + | O.S.L. 2022 (43A O.S. Supp. 2022, Section 2 -111), | |
| 60 | + | which relates to real property trust; authorizing | |
| 61 | + | sale of certain land; clarifying terminology; and | |
| 62 | + | providing an effective date. | |
| 63 | + | ||
| 64 | + | ||
| 65 | + | ||
| 66 | + | ||
| 31 | 67 | ||
| 32 | 68 | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | |
| 33 | - | ||
| 34 | 69 | SECTION 1. AMENDATORY 43A O.S. 2021, Section 2-111, as | |
| 35 | 70 | amended by Section 1, Chapter 267, O.S. L. 2022 (43A O.S. Supp. 2 022, | |
| 36 | 71 | Section 2-111), is amended to read as follows: | |
| 72 | + | ||
| 73 | + | ENGR. H. A. to ENGR. S. B. NO. 1029 Page 2 1 | |
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| 37 | 97 | ||
| 38 | 98 | Section 2-111. A. 1. The Board of Mental Health and Substa nce | |
| 39 | 99 | Abuse Services is hereby authorized and di rected to create a trust | |
| 40 | 100 | into which all real property held by o r for the benefit of the | |
| 41 | 101 | Department of Mental Health and Substance Abuse Services shall be | |
| 42 | 102 | transferred. | |
| 43 | - | ||
| 44 | 103 | 2. The trust shall provide that: | |
| 45 | - | ||
| 46 | 104 | a. the property placed into the trust may never be sold , | |
| 47 | 105 | except for the tracts specifically described in | |
| 48 | - | ||
| 49 | - | ENR. S. B. NO. 1029 Page 2 | |
| 50 | 106 | subparagraph c of this paragraph, if it is determined | |
| 51 | 107 | by the trustees for the Department's Real Property | |
| 52 | 108 | Trust and by the Department that such a sale is in the | |
| 53 | 109 | best interests of the Department, and then the | |
| 54 | 110 | proceeds shall be used exclusively for tangible | |
| 55 | 111 | infrastructure improvements that benefit the persons | |
| 56 | 112 | served by the Department,. The provisions of 61 O.S. | |
| 57 | 113 | Section 327 do not apply to the sale of real property | |
| 58 | 114 | under this section, otherwise the property shall be | |
| 59 | 115 | held in perpetuity for the sole benefit of the | |
| 60 | 116 | Department, | |
| 61 | - | ||
| 62 | 117 | b. the property held by the tr ust which is not needed for | |
| 63 | 118 | use by the Department may be leased or ren ted to | |
| 64 | 119 | others and all income received from such leases or | |
| 65 | 120 | rentals shall be payable to the Department for use by | |
| 66 | 121 | the Department to fulfill the purpo ses of the | |
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| 123 | + | ENGR. H. A. to ENGR. S. B. NO. 1029 Page 3 1 | |
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| 67 | 148 | Department, except as provid ed in subparagraph d of | |
| 68 | 149 | this section, | |
| 69 | - | ||
| 70 | 150 | c. the following tract or tracts of land may be sold as | |
| 71 | 151 | set forth in subparagraph a of this paragraph: | |
| 72 | - | ||
| 73 | 152 | (1) Land owned by the Department located in Sections | |
| 74 | 153 | 20 and 29, Township 9 N orth, Range 2 West, | |
| 75 | 154 | Cleveland County, Oklahoma, | |
| 76 | - | ||
| 77 | 155 | (2) Land owned by the Department located in Block 5 | |
| 78 | 156 | of Culbertson Heights Addition to the City of | |
| 79 | 157 | Oklahoma City, Oklahoma County, Oklahoma, | |
| 80 | - | ||
| 81 | 158 | (3) Land owned by the Department located in Section | |
| 82 | 159 | 27, Township 9 North, Range 2 West, Cleveland | |
| 83 | 160 | County, Oklahoma, | |
| 84 | - | ||
| 85 | 161 | (4) Land owned by the Department located in Section | |
| 86 | 162 | 20 North, Township 20 North, Range 13 East and | |
| 87 | 163 | described as PRT NW NW BEG 659.68S 659.68 Feet | |
| 88 | 164 | South & 310.67E 310.67 Feet East NWC NW TH | |
| 89 | 165 | N142.64 NE150 NW140 to PT on SL Mohawk BLVD NE300 | |
| 90 | 166 | SE187.75 E204.92 to PT 405W EL NW NW S355.89 to | |
| 91 | 167 | PT on NL ATLANTA CIRCLE ADD W604.06 POB SEC 2 0 20 | |
| 92 | - | ||
| 93 | - | ENR. S. B. NO. 1029 Page 3 | |
| 94 | 168 | 13 5.168 ACS, thence North 142.64 Feet, NE 150 | |
| 95 | 169 | Feet, NW 140 Feet to point on South Line Mohawk | |
| 96 | 170 | Blvd, NE 300 Feet, SE 187.75 Fee t, East 204.92 | |
| 97 | 171 | Feet to point 405 West o f East Line NW, thence | |
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| 98 | 198 | South 355.89 Feet to point on North Line Atlanta | |
| 99 | 199 | Circle ADD, thence West 604.06 to Point of | |
| 100 | 200 | Beginning, 5.16 acres More or Less in Tulsa | |
| 101 | 201 | County, Oklahoma, | |
| 102 | - | ||
| 103 | 202 | (5) Land owned by the Department located in all that | |
| 104 | 203 | part of the North Half of the Northwest Quarter | |
| 105 | 204 | of the Northwest Quarter (N/2 NW1/4 NW1/4) of | |
| 106 | 205 | Section 20 North, Township 20 North, Range 13 | |
| 107 | 206 | East of the Indian Base and Meridian, Tulsa | |
| 108 | 207 | County, State of Oklahoma, according to the | |
| 109 | 208 | United States Government Survey thereof, being | |
| 110 | 209 | more particularly described as BEGINNING at the | |
| 111 | 210 | Northeast corner of said such NW/4 NW/4; thence | |
| 112 | 211 | West along the North line of said such NW/4, a | |
| 113 | 212 | distance of 405 feet to a point; thence South and | |
| 114 | 213 | parallel to the East line of said such NW/4, a | |
| 115 | 214 | distance of 615.53 feet to a point; thence East | |
| 116 | 215 | and parallel to the North l ine of said such NW/4, | |
| 117 | 216 | a distance of 405 feet to a point in the East | |
| 118 | 217 | line of said such NW/4 NW/4, and said such point | |
| 119 | 218 | being 615.53 feet South of the Northeast corner | |
| 120 | 219 | of said such NW/4 NW/4; thence North along the | |
| 121 | 220 | East line of said such NW/4 NW/4 a distance of | |
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| 222 | + | ENGR. H. A. to ENGR. S. B. NO. 1029 Page 5 1 | |
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| 122 | 247 | 615.53 feet to a Poin t and Place of the | |
| 123 | 248 | Beginning, and | |
| 124 | - | ||
| 125 | 249 | (6) Land owned by the Department located in Lots 13 | |
| 126 | 250 | through 24, Inclusive Block 5 and Bath Orchard | |
| 127 | 251 | Addition to Oklahoma City, SE 1/4 of Section 26, | |
| 128 | 252 | Township 12 North, Range 3 West, and | |
| 129 | - | ||
| 130 | 253 | (7) Land owned by the Department located in a portion | |
| 131 | 254 | of Block 2 in Warr Acres, Oklahoma and describe d | |
| 132 | 255 | as SE 1/4, SE 1/4 of Section 9, Township 12 | |
| 133 | 256 | North, Range 4 West, and | |
| 134 | - | ||
| 135 | - | ||
| 136 | - | ENR. S. B. NO. 1029 Page 4 | |
| 137 | 257 | d. under no condition should any real proper ty held in | |
| 138 | 258 | trust be sold to fund prevention, mental health or | |
| 139 | 259 | addiction treatment services. | |
| 140 | - | ||
| 141 | 260 | B. Upon the creation of the trust authorized i n subsection A of | |
| 142 | 261 | this section, the Office of Management and Enterprise Services is | |
| 143 | 262 | directed to provide all necessary assistance to the Department of | |
| 144 | 263 | Mental Health and Substance Abuse Services to identify and transfer | |
| 145 | 264 | all property held by or for the benefi t of the Department of Mental | |
| 146 | 265 | Health and Substance Abuse Services to the trust. Except as | |
| 147 | 266 | provided in subsection C o f this section, the Office of Management | |
| 148 | 267 | and Enterprise Services is authoriz ed and directed to provide all | |
| 149 | 268 | requested assistance to the Depa rtment of Mental Health and | |
| 150 | 269 | Substance Abuse Services in leasing property placed in such trust. | |
| 151 | 270 | ||
| 271 | + | ENGR. H. A. to ENGR. S. B. NO. 1029 Page 6 1 | |
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| 152 | 296 | C. The Commissioners of the Land Office are authorized and | |
| 153 | 297 | directed to provide all requested assi stance to the Department of | |
| 154 | 298 | Mental Health and Substance Abuse S ervices in leasing mineral | |
| 155 | 299 | interests placed in such trust. | |
| 156 | - | ||
| 157 | - | ||
| 300 | + | SECTION 2. This act shall become effectiv e November 1, 2023." | |
| 301 | + | Passed the House of Representatives the 20th day of April, 2023. | |
| 158 | 302 | ||
| 159 | 303 | ||
| 160 | - | ENR. S. B. NO. 1029 Page 5 | |
| 161 | - | Passed the Senate the 19th day of May, 2023. | |
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| 307 | + | Presiding Officer of the House of | |
| 308 | + | Representatives | |
| 309 | + | ||
| 310 | + | ||
| 311 | + | Passed the Senate the ____ day of ____ ______, 2023. | |
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| 162 | 314 | ||
| 163 | 315 | ||
| 164 | 316 | ||
| 165 | 317 | Presiding Officer of the Senate | |
| 166 | 318 | ||
| 167 | 319 | ||
| 168 | - | Passed the House of Representatives the 20th day of April, 2023. | |
| 320 | + | ENGR. S. B. NO. 1029 Page 1 1 | |
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| 345 | + | ENGROSSED SENATE | |
| 346 | + | BILL NO. 1029 By: Thompson (Kristen) of the | |
| 347 | + | Senate | |
| 348 | + | ||
| 349 | + | and | |
| 350 | + | ||
| 351 | + | Roe of the House | |
| 352 | + | ||
| 353 | + | ||
| 354 | + | ||
| 355 | + | An Act relating to the Department of Mental Health | |
| 356 | + | and Substance Abuse Ser vices; amending 43A O.S. 2021, | |
| 357 | + | Section 2-111, as amended by Section 1, Cha pter 267, | |
| 358 | + | O.S.L. 2022 (43A O.S. Supp. 2022, Section 2 -111), | |
| 359 | + | which relates to real property trust; authorizing | |
| 360 | + | sale of certain land; clarifying terminology; and | |
| 361 | + | providing an effective date. | |
| 362 | + | ||
| 363 | + | ||
| 364 | + | ||
| 365 | + | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | |
| 366 | + | SECTION 3. AMENDATORY 43A O.S. 2021, Section 2 -111, as | |
| 367 | + | amended by Section 1, Chapter 267, O.S.L. 2022 (43A O.S. Supp. 2022, | |
| 368 | + | Section 2-111), is amended to read as follows: | |
| 369 | + | Section 2-111. A. 1. The Board of Mental Health and Substa nce | |
| 370 | + | Abuse Services is hereby authorized and di rected to create a trust | |
| 371 | + | into which all real property held by o r for the benefit of the | |
| 372 | + | Department of Mental Health and Substance Abuse Services shall be | |
| 373 | + | transferred. | |
| 374 | + | 2. The trust shall provide that: | |
| 375 | + | a. the property placed into the trust may never be sold , | |
| 376 | + | except for the tracts specif ically described in | |
| 377 | + | subparagraph c of this paragraph, if it is determined | |
| 378 | + | by the trustees for the Department's Real Property | |
| 379 | + | ||
| 380 | + | ENGR. S. B. NO. 1029 Page 2 1 | |
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| 405 | + | Trust and by the Department that such a sale is in the | |
| 406 | + | best interests of the Department, and then the | |
| 407 | + | proceeds shall be used exclus ively for tangible | |
| 408 | + | infrastructure improvements that benefit the persons | |
| 409 | + | served by the Department, otherwise the property shall | |
| 410 | + | be held in perpetuity for the sole benefit of the | |
| 411 | + | Department, | |
| 412 | + | b. the property held by the trust whi ch is not needed for | |
| 413 | + | use by the Department may be leased or ren ted to | |
| 414 | + | others and all income received from such leases or | |
| 415 | + | rentals shall be payable to the Department for use by | |
| 416 | + | the Department to fulfill the purpo ses of the | |
| 417 | + | Department, except as provided in s ubparagraph d of | |
| 418 | + | this section, | |
| 419 | + | c. the following tract or tracts of land may be sold as | |
| 420 | + | set forth in subparagraph a of this paragraph: | |
| 421 | + | (1) Land owned by the Department located in Sections | |
| 422 | + | 20 and 29, Township 9 N orth, Range 2 West, | |
| 423 | + | Cleveland County, Oklahoma , | |
| 424 | + | (2) Land owned by the Depart ment located in Block 5 | |
| 425 | + | of Culbertson Heights Addition to the City of | |
| 426 | + | Oklahoma City, Oklahoma County, Oklahoma, | |
| 427 | + | ||
| 428 | + | ENGR. S. B. NO. 1029 Page 3 1 | |
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| 453 | + | (3) Land owned by the Department located in Section | |
| 454 | + | 27, Township 9 North, Range 2 West, Cleveland | |
| 455 | + | County, Oklahoma, | |
| 456 | + | (4) Land owned by the Department located in Section | |
| 457 | + | 20 North, Township 20 North, Range 13 East and | |
| 458 | + | described as PRT NW NW BEG 659.68S 659.68 Feet | |
| 459 | + | South & 310.67E 310.67 Feet East NWC NW TH | |
| 460 | + | N142.64 NE150 NW140 to PT on SL Mohawk BLVD NE300 | |
| 461 | + | SE187.75 E204.92 to PT 405W EL NW NW S355.89 to | |
| 462 | + | PT on NL ATLANTA CIRCLE ADD W604.06 POB SEC 2 0 20 | |
| 463 | + | 13 5.168 ACS, thence North 142.64 Feet, NE 150 | |
| 464 | + | Feet, NW 140 Feet to point on South Line Mohawk | |
| 465 | + | Blvd, NE 300 Feet, SE 187.75 Fee t, East 204.92 | |
| 466 | + | Feet to point 405 West of East Line NW, thence | |
| 467 | + | South 355.89 Feet to point on North Line Atlanta | |
| 468 | + | Circle ADD, thence West 604.06 to Point of | |
| 469 | + | Beginning, 5.16 acres More or Less in Tulsa | |
| 470 | + | County, Oklahoma, | |
| 471 | + | (5) Land owned by the Department located in all that | |
| 472 | + | part of the North Half of the Northwest Quarter | |
| 473 | + | of the Northwest Quarter (N/2 NW1/4 NW1/4) of | |
| 474 | + | Section 20 North, Township 20 North, Range 13 | |
| 475 | + | East of the Indian Base and Meridian, Tulsa | |
| 476 | + | County, State of Oklahoma, according to the | |
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| 503 | + | United States Government Survey thereof, being | |
| 504 | + | more particularly described as BEGINNING at the | |
| 505 | + | Northeast corner of said such NW/4 NW/4; thence | |
| 506 | + | West along the North line of said such NW/4, a | |
| 507 | + | distance of 405 feet to a point; thence South and | |
| 508 | + | parallel to the East line of said such NW/4, a | |
| 509 | + | distance of 615.53 feet to a point; thence East | |
| 510 | + | and parallel to the North l ine of said such NW/4, | |
| 511 | + | a distance of 405 feet to a point in the East | |
| 512 | + | line of said such NW/4 NW/4, and said such point | |
| 513 | + | being 615.53 feet South of the North east corner | |
| 514 | + | of said such NW/4 NW/4; thence North along the | |
| 515 | + | East line of said such NW/4 NW/4 a distance of | |
| 516 | + | 615.53 feet to a Poin t and Place of the | |
| 517 | + | Beginning, and | |
| 518 | + | (6) Land owned by the Department located in Lots 13 | |
| 519 | + | through 24, Inclusive Block 5 and Bath Orchard | |
| 520 | + | Addition to Oklahoma City, SE 1/4 of Section 26, | |
| 521 | + | Township 12 North, Range 3 West, and | |
| 522 | + | (7) Land owned by the Department located in a portion | |
| 523 | + | of Block 2 in Warr Acres, Oklahoma and describe d | |
| 524 | + | as SE 1/4, SE 1/4 of Section 9, Townsh ip 12 | |
| 525 | + | North, Range 4 West, and | |
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| 552 | + | d. under no condition should any real property he ld in | |
| 553 | + | trust be sold to fund prevention, mental health or | |
| 554 | + | addiction treatment services. | |
| 555 | + | B. Upon the creation of the trust authorized i n subsection A of | |
| 556 | + | this section, the Office of Management and Enterprise Services is | |
| 557 | + | directed to provide all necessary assi stance to the Department of | |
| 558 | + | Mental Health and Substance Abuse Services to identify and transfer | |
| 559 | + | all property held by or for the benefi t of the Department of Mental | |
| 560 | + | Health and Substance Abuse Services to the trust. Except as | |
| 561 | + | provided in subsection C of thi s section, the Office of Management | |
| 562 | + | and Enterprise Services is authoriz ed and directed to provide all | |
| 563 | + | requested assistance to the Depa rtment of Mental Health and | |
| 564 | + | Substance Abuse Services in leasing property placed in such trust. | |
| 565 | + | C. The Commissioners of th e Land Office are authorized and | |
| 566 | + | directed to provide all requested assi stance to the Department of | |
| 567 | + | Mental Health and Substance Abuse S ervices in leasing mineral | |
| 568 | + | interests placed in such trust. | |
| 569 | + | SECTION 4. This act shall become effective Nov ember 1, 2023. | |
| 570 | + | ||
| 571 | + | ENGR. S. B. NO. 1029 Page 6 1 | |
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| 595 | + | ||
| 596 | + | Passed the Senate the 6th day of March, 2023. | |
| 597 | + | ||
| 598 | + | ||
| 599 | + | ||
| 600 | + | Presiding Officer of the Senate | |
| 601 | + | ||
| 602 | + | ||
| 603 | + | Passed the House of Representatives the ____ day of __________, | |
| 604 | + | 2023. | |
| 169 | 605 | ||
| 170 | 606 | ||
| 171 | 607 | ||
| 172 | 608 | Presiding Officer of the House | |
| 173 | 609 | of Representatives | |
| 174 | 610 | ||
| 175 | - | OFFICE OF THE GOVERNOR | |
| 176 | - | Received by the Office of the Governor this ____________________ | |
| 177 | - | day of _________________ __, 20_______, at _______ o'clock _______ M. | |
| 178 | - | By: _______________________________ __ | |
| 179 | - | Approved by the Governor of the State of Oklahoma this _____ ____ | |
| 180 | - | day of _________________ __, 20_______, at _______ o'clock _______ M. | |
| 181 | 611 | ||
| 182 | - | _________________________________ | |
| 183 | - | Governor of the State of Oklahoma | |
| 184 | - | ||
| 185 | - | ||
| 186 | - | OFFICE OF THE SECRETARY OF STATE | |
| 187 | - | Received by the Office of the Secretary of State this _______ ___ | |
| 188 | - | day of __________________, 20 _______, at _______ o'clock _______ M. | |
| 189 | - | By: _______________________________ __ |