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No. 2209 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 STATE OF OKLAHOMA 1st Session of the 59th Legislature (2023) CONFERENCE COMMITTEE SUBSTITUTE FOR ENGROSSED SENATE BILL 141 By: Kirt, Garvin, and Stephens of the Senate and McBride, Munson, and Dobrinski of the House CONFERENCE COMMITTEE S UBSTITUTE An Act relating to state government; requiring the Department of Public Safety to create and submit security plan for certain locations on certain schedule; requiring coordination with certain agency; amending 73 O.S. 2021, Section 176, which relates to the permanent Capitol Liaison c ommittee; creating the position of Capitol Liaison; transferring certain duties from the legislative liais on committee to the Capitol Liaison; requiring certain proposals to be submitted to the Capitol Liais on; providing that the Capitol Liaison is the pri mary liaison for Capitol tenants; amending 73 O.S. 2021, Section 345, which relates to the State Capitol R epair Expenditure Oversight Committee; terminating certain committee; deleting certain responsibilities; removing requirement for certain joint approval; deleting certain construction; amending 74 O.S. 2021, Secti on 4101, which relates to definitions; modifying and defining terms; amending 74 O.S. 2021, Section 41 02, which relates to responsibilities of c ertain commission; extending sunset termination date; requiring approval of certain art in certain areas; stating purpose of certain commission; amending 74 O.S. 2021, Section 4103, which relates to certain membership; modifying membership; providing procedures for selecting the chair; establishing meeting requirements; providing quorum requirements; Req. No. 2209 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 providing that certain State Capitol Preservation Commission functions are additional functions of certain members; amending 74 O.S. 2021, Section 4104, which relates to powers and responsibilities of the State Capitol Preservation Commission; modifying and adding certain powers and responsibilities; transferring certain oversight responsibilities; amending 74 O.S. 2021, Section 4105, which relates to Capitol Architect and Curator duties; modifying certain duties of the Capitol Architect and Curator; providing duties of the Office of Management and Enterprise Services, the Oklahoma Tourism and Recreation Department , the Oklahoma Arts Council , the Department of Transportation, and the Capitol Liaison with respect to the Oklahoma State Capitol; directing the Office of Management and Enterprise Services to employ all necessary staff and consultants; 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 pr ocedures for receiving funds; amending 74 O.S. 2021, Section 4109, which relates to exemptions from the Public Competitive Bidding Act of 1974; adding certain project exemptions; repealing 74 O.S. 2021, Sections 4106 and 4107, which relate to cooperation between State Capitol Preservation Commission and branches of state government and compliance with certain administrative requirements; deleting obsolete language; providing for codification; and declaring an emergency . BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 1. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 93 of Title 73, unless there is created a duplication in numbering, reads as follows: The Department of Public Safety shall create a security plan for the Oklahoma State Capitol and Oklahoma State Capitol grounds. The Req. No. 2209 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 plan shall be submitted to the State Capitol Preservation Commission. An updated plan shall be submitted every three (3) years. The Department shall coordinate with the Office of Management and Enterprise Services to implement and staff the approved security plan. SECTION 2. 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 Capitol Liaison to the State Capitol Preservation Commission. The legislative liaison committee will Capitol Liaison shall keep the Legislature properly advised as to the activities 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 legislative studies concerning 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 relating to the Oklahoma State Capitol Complex shall be considered by presented to the liaison committee created Capitol Liaison authorized by this section. The Req. No. 2209 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 Oklahoma Capitol Improvement Authority and the Office of Management and Enterprise Services shall notify the membership of the legislative liaison committee Capitol Liaison in advance of any meeting in which official or formal action is to be taken by furnishing the proposed agenda in writing at le ast twenty-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. All proposals for enhancement, modification, preservation, or restoration of the Oklahoma State Capitol and Oklahoma State Capitol grounds shall be submitted to the Liaison. The Liaison shall submit all proposals to the State Capitol Preservation Commission for approval. D. All proposals for new space allocation in the Oklahoma State Capitol and parking allocation shall be submitted to the Liaison. The Liaison shall submit all proposals to the State Capitol Preservation Commission for approval, as defined by Sections 15.1 and 15.3 of Title 73 of the Oklahoma Statutes. E. The Capitol Liaison shall be the primary liaison for all tenants that occupy space in the Oklahoma State Capitol. SECTION 3. AMENDATORY 73 O.S. 2021, Section 345, is amended to read as follows: Req. No. 2209 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 Section 345. A. In addition to any other authorization provided by law, the Oklahoma Capitol Improvement Authority is authorized to issue obligations to acquire real property, together with improvements located thereon, and personal property to construct improvements to real property and to provide funding for repairs, refurbishments and improvements to real and personal property of the Oklahoma State Capitol Building in a total amount not to exceed One Hundred Twenty Million Dollars ($120,000,000.00). The funds shall be used for the renovation, repair and remodeling of the Oklahoma State Capitol Building. B. The Authority may h old title to the propert y 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 defeasa nce of the obligations c reated 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 t he real property and improvements, and providing funding for the project authorized in subsection 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 in come and revenues to be derived from the leasing of such property and Req. No. 2209 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 improvements and, in anticipation of the collection of such income and revenues, to issue negotiable obligations in a total amount not to exceed One Hundred Twent y 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 the date of issuance. For subsequent fiscal years, it is the intent of the Legislature to appropriate 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 f rom the proceeds of the borrowing authorized by this subsection, the Oklahoma Capitol Improvement Authority shall provide for the payment of professional fees and associated costs related to the project 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 professionals as it may deem necess ary to provide for the efficient sale of the obligations and may utilize a portion of the proceeds of any borrowing to create such reserves as may be deemed necessary and to pay costs associated with the issuance and administration of such obligations. Req. No. 2209 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 E. The obligations authori zed under 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 liquidity 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 obligati ons occur 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 b y the Authority. 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 the investment of all monies in any funds or accounts created in connection with the offering of the obligations authorized under this section. Such inve stments shall be made in a manner consistent with the investment guidelines of the State Treasurer. The Authority may place additional restrictions on Req. No. 2209 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 the investment of such monies if necessary to enhance the marketability of the o bligations. I. There is hereby created a State Capitol Repair Expenditure 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 needed for repairs to the interior 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 re quest 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 Representatives, two of whom shall be members of the majority political party and one of whom shall be a member of the minority political party; and 3. Three legislators to be appointed by the President Pro Tempore of the 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 shall constitute a quorum and the vote of five members shall be necessary for any action taken by the Committee. T he Committee shall be staffed by Req. No. 2209 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 employees of the Office of Management and Enterprise Services. The Committee shall be subject to the Oklahoma Open Meeting Act. J. The Committee shall deliver a preliminary plan for the renovation, repair and remodeling o f the State Capitol 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 for use by the vendor; and 2. Selection criteria for the design-build team vendor to be selected through a Request For Proposal process. K. Following receipt of the preliminary plan as approved by the Committee, the Office of Management a nd Enterprise Services 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 phasing developed by the vendor. M. Following delivery of the final plan, the Committee shall continue to oversee the expenditure of 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 Req. No. 2209 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 55th Legislature, until completion of the renovation, rep air and remodeling of the State Capitol. The Committee may also propose and approve amendments to the plan as it deems appropriate. N. The Director of the Office of Management and Enterprise Services shall have responsibility to substantially implement t he plan as presented by the Committee; provided, the President Pro Tempore of the Senate or the Speaker of the House of Representatives shall approve all proposed designs related to renovation, repair and remodeling of space within the State Capitol Buildi ng under the 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 title, and any subsequent changes to such plans. Joint approval of the President Pro Tempore of the Senate and the Speaker of the House 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 approval shall be in writing. O. Insofar as they are not in conflict with the provisions of this section, the provisions of Section 151 et seq. of this title shall apply to this section. SECTION 4. AMENDATORY 74 O.S. 2021, Section 4101, is amended to read as foll ows: Section 4101. As used in Sections 4101 through 4108 4110.1 of this title: Req. No. 2209 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. “Public areas” means those areas in the Oklahoma State Capitol open to the general public for general visitation; and 2. “Art” means fine art of museum quality representing the highest quality of art objects available to include paintings, murals, graphic arts, art photography and sculpture, aesthet ically aligned with recognized values, creat ed by the conscious use of skill and creative imagination; 3. “Design standards” means a document that is produced for the purpose of guiding review of propos ed alterations to the Oklahoma State Capitol and grounds. Design standards set the acceptable level of finishes for the historic fabric, features, and materials in use in the Oklahoma State Capitol. This document establis hes specifications for alterations which, if followed, will provide compatible design; 4. “Enhancement” means an increase or improvement upon the quality, value, or extent of the original design intent of the Oklahoma State Capitol or grounds; 5. “Grounds” means all land surrounding the Oklahoma State Capitol and bordered by Lincoln Boulevard; 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; Req. No. 2209 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 7. “Modification” means any change to an existing physical attribute of the Oklahoma State Capitol or grounds; 8. “Preservation” means the act or process of applying measures necessary to sustain the existing form, integrity, and materials of a historic property including preliminary measures to protect and stabilize the proper ty, and focusing upon the ongoing maintenance and repair of historic materials and features, rather than extensive replacement and new construction; and 9. “Restoration” means the act or process of ac curately depicting the form, features, and character of the Oklahoma State Capitol as the building appeared in 1917, and the dome in 2002, by means of the removal of features from later periods in its history and reconstruction of missing features from the restoration period. SECTION 5. AMENDATORY 74 O.S. 2021, Section 4102, is amended to read as follows: Section 4102. There is hereby re-created, to continue until July 1, 2024 July 1, 2028, in accordance with the provisions of the Oklahoma Sunset Law, the State Capitol Preservation Commission which shall be responsible for planning and supervising the preservation and restoration of the interior and exterior of the Oklahoma 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 joint House- and Senate-controlled areas of the Capitol and the Governor’s Mansion. The State Capitol Req. No. 2209 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 Preservation Commission shall provide the highest-quality maintenance, restoration, preservation, enhancement, and modification of and long-term planning for the interior and exterior of the Capitol and grounds for the perpetual use by the state government and the enjoyment of all persons. SECTION 6. AMENDATORY 74 O.S. 2021, Section 4103, is amended to read as f ollows: Section 4103. A. The State Capitol Preservation Commission shall be composed of fifteen (15) members as follows: 1. Three members shall be appointed by the The Governor, or designee; 2. One member to be appoin ted by the Governor; 2. 3. Three members shall be appointed by the The President Pro Tempore of the Senate, or designee; 3. 4. Three members shall be appointed by the The Speaker of the House of Representatives, or designee; 4. 5. One member shall be appointed by the The Chief Justice of the Oklahoma Supreme Court, or designee; and 5. 6. One member of the Senate appointed by the President Pro Tempore of the Senate; 7. One former member of the Senate appointed by the President Pro Tempore of the S enate; 8. One member of the House of Representatives appointed by the Speaker of the House of Representatives; Req. No. 2209 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 9. One former member of the House of Representatives appointed by the Speaker of the House of Representatives; 10. The Secretary of State; and 11. 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 Pr esident 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 of Representatives shall serve a three-year term; and 3. One of the members appointed by the Governor, the President Pro Tempore of the Senate, and the Speaker of the House of Representatives shall serve a five-year term. Req. No. 2209 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 The term of office for each successor 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 memb er of the respective house from which the member was appoin ted. 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 vice-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 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, the 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. D. The Office of Management and Enterprise 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 action taken. A quorum is the majority of the Req. No. 2209 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 appointed voting members. The Commission shall be subject to the Oklahoma Open Meeting Act. E. The Commission functions performed by the Governor, 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 7. AMENDATORY 74 O.S. 2021, Section 4104, is amended to read as follows: Section 4104. A. The State Capitol Preservation Commission shall provide oversight to the Capitol Liaison and the Office of Management and Enterprise Services on duties for management and maintenance of the Oklahoma State Capitol and shall: 1. Research, plan, and have control of modifications and decor of the interior and exterior of the Capitol and the Governor’s Mansion Approve the restoration, preservation, enhancemen t, or modification of the Oklahoma State Capitol and grounds; 2. Establish standards for the acquisition 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 Oklahoma State Capitol and grounds; Req. No. 2209 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 3. Establish procedures by which private contributions of suitable art can be accepted for the Capitol 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; 4. Have authority to approve and submit to the Long-Range Capital Planning Commission any propose d modification, alterat ion, renovation, repair, or construction on any part of the Capitol and the Governor’s Mansion Review and approve all requests for preservation, restoration, enhancement, and modification to the Oklahoma State Capitol and grounds submitted by the Capitol Liaison. This review and approval process shall not apply to actions deemed by the Capitol Building Superintendent to be maintenance necessary for the upkeep and function of the Oklahoma State Capitol and grounds; 4. Review and approve a security plan submitted by the Department of Public Safety for the Oklahoma State Capitol and 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 Oklahoma State Capitol and the Governor’s Mansion; 6. Review and approve administrative rules submitted by the Office of Management and Enterprise Ser vices or the Capitol Liaison Req. No. 2209 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 concerning the Oklahoma State Capitol, its contents, and its concerns; 7. Review and approve preservation zones and design standards for the Oklahoma State Capitol and 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 public spaces controlled jointly by the House and Senate in the Oklahoma State Capitol . Such works of art shall be directly related to the history and culture of this state; and 9. Provide oversight and accountabil ity inspections of maintenance, restoration, preservation, enhancement, and modification projects to ensure all projects conform to design standards. 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 consideration 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 Oklahoma State Capitol restoration project from the State Capitol Repair Expenditure Oversight Committee created in Section 345 of Title 73 of the Oklahoma Statutes. Req. No. 2209 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 SECTION 8. AMENDATORY 74 O.S. 2021, Section 4105, is amended to read as follows: Section 4105. There is hereby established the position of the Capitol Architect and Curator who shall: 1. Develop the technical plans and programs for consideration by the State Capitol Preservation Commission and the Long-Range Capital Planning Commission with regard to restoration, renovation, and preservation of the Oklahoma State Capitol and the Governor’s Mansion; 2. Develop and enforce standards adopted for acquisition and display of works of art in and surrounding the Capitol and the Governor’s Mansion Advise the State Cap itol Preservation Commission regarding the space demands of the various agencies in the Oklahoma State Capitol; 3. Coordinate space demands of the various agencies in the Capitol and the Governor ’s Mansion; 4. Maintain a record of all structural and deco r changes made in the Oklahoma State Capitol and the Governor’s Mansion; and 5. 4. Make recommendations to the State Capitol Preservation Commission for design standards and of necessary action on prop osed restoration, preservation, enhancement, and modifications in decor or design to ensure preservation and maintenance of the cultural and historic integrity of the Oklahoma State Capitol and the Governor’s Mansion; and Req. No. 2209 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 5. Make recommendations to the State Capitol Preservation Commission for preservation z ones and design standards. 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 w ill be in accord with similar professional positions in state government. SECTION 9. 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 Oklahoma State Capitol duties of the Office of Management and Enterprise Services (OMES) are as follows: 1. OMES shall have the responsibility for maintenance, restoration, preservation, enhancement, and modification of the Oklahoma State Capitol and grounds including facilities planning, facilities construction, and facilities administration; 2. OMES shall be responsible for all maintenance duties necessary to properly preserve and maintain the Oklahoma State Capitol and grounds; 3. OMES shall be responsible for devising and developing processes for tenants in the Oklahoma State Capitol to submit requests for maintenance, restoration, preservation, enhancement, and modification and evaluating such requests; Req. No. 2209 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 4. OMES shall manage each project, except in Oklahoma State Capitol areas allotted to the Senate and the House of Representatives as defined in Section 15.1 of Title 73 of the Oklahoma Statutes, 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 Preservation Commission; 6. OMES shall be responsible for creating a long-range master plan for the maintenance and upkeep of the Oklahoma State Capitol and grounds which shall be submitted to the State Capitol Preservation Commission every three (3) years; 7. The Oklahoma Tourism and Recreation Department in collaboration with the Oklahoma Arts Council shall be responsible for operation or coordinating operation of the visitor center, visitor relations activities, and tours in the Oklahoma State Capitol; 8. OMES shall be responsible for operation of all dining and vending services in the Oklahoma State Capitol and shall approve food trucks and other mobile food preparation vehicles on the grounds unless approved by the Legislature; 9. OMES shall be responsible for taking and approving reservations in all meeting rooms and areas of the Oklahoma State Capitol and grounds and shall seek approval from the Senate, House Req. No. 2209 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 of Representatives, or jointly for space allocated to the Legislature by Section 15.1 of Title 73 of the Oklahoma Statutes; 10. OMES shall coordinate with the Oklahoma Arts Council for curation of and care f or artwork in the State Art Collection, Capitol Art Collection, and monuments, memorials, and all temporary exhibits in public areas at the Oklahoma State Capitol and grounds; 11. The Department of Transportation shall be responsible for all maintenance, upkeep, and access to all parking lots on the grounds of the Oklahoma State Capitol; 12. OMES shall be responsible for submitting proposed administrative rules to the State Capitol Preservation Commission to govern the execution of these duties; 13. OMES may collect rent from third-party vendors in the Oklahoma State Capitol and proceeds from th e sale of merchandise or services rendered; 14. OMES shall have the authority to respond promptly to emergency maintenance needs as they arise; and 15. OMES shall serve as the primary contact for Americans with Disabilities Act of 1990 (ADA) compliance for the Oklahoma State Capitol. B. 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. Req. No. 2209 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 SECTION 10. 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 Oklahoma State Capitol and the Governor’s Mansion and grounds except for those immediate 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 11. NEW LAW A new section of law to be codified 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 in the State Art Collection or Capitol Art Collection that is in storage or on display in the Oklahoma State Capitol and 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 submit requests to the Office of Management and Enterprise Services. SECTION 12. 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 Req. No. 2209 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 Maintenance, restoration, preservation, e nhancement, and modification projects of the Oklahoma State Capitol Building or of the Governor’s Mansion and 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 Oklahoma 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 13. REPEALER 74 O.S. 2021, Sections 4106 and 4107, are hereby repealed. SECTION 14. It being immediately necessary for the preservation of the public peace, health or safety, an emergency is hereby declared to exist, by reas on whereof this act shall take effect and be in full force from and after its passage and approval. 59-1-2209 KR 5/19/2023 12:09:15 PM