Oklahoma 2023 Regular Session

Oklahoma Senate Bill SB141 Latest Draft

Bill / Comm Sub Version Filed 05/19/2023

                             
 
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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;   
 
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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   
 
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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   
 
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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:   
 
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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   
 
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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.   
 
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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   
 
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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   
 
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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   
 
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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:   
 
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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;   
 
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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   
 
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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;   
 
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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.   
 
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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   
 
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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;   
 
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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   
 
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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.   
 
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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   
 
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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;   
 
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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   
 
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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.   
 
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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   
 
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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