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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
CONFERENCE COMMITTEE SUBSTITUTE
FOR ENGROSSED
SENATE BILL 1399 By: Hall of the Senate
and
McBride, Wallace, and Deck
of the House
CONFERENCE COMMITTEE SUBSTITUTE
An Act relating to state property; creating the
Oklahoma Capital Assets Maintenance and Protection
Act; providing short title; creating the Oklahoma
Capital Assets Maintenance and Protection Fund;
establishing revolving fund characteristics;
authorizing and limi ting allocation, budgeting, and
expenditure of funds; requiring certain budgeting and
expenditure procedures; authorizing entry in to
memoranda of understanding; limiting memoranda of
understanding; clarifying legal application;
authorizing certain authority re lated to real and
personal property acquisition, improvement, and
disposition; requiring certain reporting;
establishing reporting criteria; limiting allocation
for certain fiscal year; creating the Oklahoma
Capital Assets Management and Protection Boa rd;
providing for membership; establishing appointing
authorities; providing for selection of Board
leadership; providing for the development and
adoption of the OCAMP Higher Education Five -Year
Plan, the OCAMP Tourism and Recreation Five -Year
Plan, and the OCAMP State Five-Year Plan; allocating
monetary resources to such plans in certain
proportions; requiring biennial update of plans by
Board; requiring submission of certain reports
electronically; providing for administrative
assistance from the Office o f Management and
Enterprise Services and the Oklahoma Capitol
Improvement Authority; authorizing and limiting the
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utilization of funds directed by the Board; amending
68 O.S. 2021, Section 1353, as last amended by
Section 2, Chapter 290, O.S.L. 2023 (68 O.S. S upp.
2023, Section 1353), which relates to apportionment
of sales tax revenues; providing for certain annual
apportionment to the Oklahoma Capital Assets
Maintenance and Protection Fund; providing for
noncodification; providing for codification;
providing an effective date; and declaring an
emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law not to be
codified in the Oklahoma Statutes reads as follows:
This act shall be known and may be cited as the “Oklahoma
Capital Assets Maintenance and Protection Act ”.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 188B of Title 73, unless there
is created a duplication in numbering, reads as follows:
A. There is hereby created in the State Treasury a revolving
fund for the Oklahoma Capito l Improvement Authority to be designated
the “Oklahoma Capital Assets Maintenance and Protection Fund ” (OCAMP
Fund). The fund sha ll be a continuing fund, not subject to fiscal
year limitations, and shall consist of all monies received by the
Oklahoma Capitol Improvement Authority eligible under law and
directed for deposit to the fund. All monies accruing to the credit
of the fund are hereby appropriated and , except for the transfer
required pursuant to Enrolled Senate Bill No. 1125 of the 2nd
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Session of the 59th Oklahoma Legislature, may be allocated,
budgeted, and expended by the Oklahoma Capitol Improvement Authority
as directed by the Oklahoma Capital Assets Management and Protection
Board created in Section 3 of this act. Such allocations,
budgeting, and expenditures shall strictly adhere to the specific
terms, limitations, purposes, and requirements described in the
directive adopted by the Oklahoma Capital Assets Management and
Protection Board. Expenditures from the fund shall be made upon
warrants issued by the State Treasurer against claims filed as
prescribed by law with the Director of the Office of Management and
Enterprise Services for approval and payment.
B. The Oklahoma Capitol Improvement Authority shall be
authorized to enter into memoranda of understanding with agencies,
departments, and subdivisions of the state as provided by law and as
deemed necessary by the Authority to administer expenditures from
and allocations and deposits to and from the Oklahoma Capital Assets
Maintenance and Protection Fund, provided that such memoranda of
understanding do not conflict with or impede the administration of
capital projects specifically authorized by law or directed by the
Oklahoma Capital Assets Management and Protection Board. Such
memoranda of understanding shall not constitute a legal obligation
of the State of Oklahoma .
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C. Limited to the extent required for project s specifically
authorized under the provisions of this act, the Oklahoma Capitol
Improvement Authority shall be authorized to:
1. Acquire real property together with improvements located
thereon and personal property;
2. Provide for the construction of i mprovements to real
property and to provide funding for repairs, refurbishments,
deferred maintenance, and improvements to real and personal
property;
3. Hold title to property and improvements as necessary to
comply with legal directives and authorizatio ns; and
4. Lease, transfer, and otherwise legally dispose of property
and improvements as necessary to comply with legal dire ctives and
authorizations.
D. No later than January 15 annually, the Oklahoma Capitol
Improvement Authority shall submit electron ically to the Governor,
the President Pro Tempore of the Senate, the Speaker of the House of
Representatives, the Chair of the Appropriations Committee of the
Senate, and the Chair of the Appropriations and Budget Committee of
the House of Representatives a report detailing impacts to the
balance of the Oklahoma Capital Assets Maintenance and Protection
Fund occurring in the prio r calendar year, including, but not
limited to, all distributions, expenditures, collections, and
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deposits of the Oklahoma Capital Assets Maintenance and Protection
Fund.
E. No allocations shall be made by the Oklahoma Capital Assets
Management and Protection Board from the Oklahoma Capital Assets
Maintenance and Protection Fund in fiscal year 2025. Allocations
made by the Board fr om the Fund shall not exceed Seventy -five
Million Dollars ($75,000,000.00) in each fiscal year for fisc al
years 2026 through 2 028.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 188A of Ti tle 73, unless there
is created a duplication in numbering, reads as follows:
A. There is hereby created the Oklahoma Capital Assets
Management and Protection Board (OCAMP Board). The Board shall
develop plans and adopt authorizations directing the Oklah oma
Capitol Improvement Authority on the utilization of Oklahoma Capital
Assets Maintenance and Protect ion Fund monies.
B. The Board shall consist of eleven (11) members to be
appointed as follows:
1. Three members appointed by the President Pro Tempore of the
Senate;
2. Three members appointed by the Speaker of the House of
Representatives;
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3. Three members appointed by the Governor, at least one of
whom shall have no less than ten (10) years of experience in the
construction industry;
4. The Chancellor of Higher Education or a designee; and
5. The Executive Director of the Oklahoma Tourism and
Recreation Department or a de signee.
C. The chair and vice chair of the Board shall be elected by
the Board members at the first meeting of the Board and shal l
preside over meetings of the Board and perform other duties as may
be required by the Board. The Board shall elect a chair and vice
chair no less than once a calendar year.
D. 1. The Board shall develop and adopt the following five -
year plans to provide for allocations and expenditures of the
Oklahoma Capital Assets Maintenance and Protection Fund as f ollows:
a. the OCAMP Higher Education Five-year Plan, for the
maintaining and repairing of state -owned properties
and buildings of public institutions of higher
learning,
b. the OCAMP Tourism and Recreation Five -year Plan, for
the maintaining and repairing of properties and
buildings of state parks operated by the Oklahoma
Tourism and Recreation Department, and
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c. the OCAMP State Five-year Plan, for the ma intaining
and repairing of all state -owned properties and
buildings.
2. For fiscal years 202 6 through 2028, the Board shall allocate
Oklahoma Capital Assets Maintenance and Protection Fund monies to
such five-year plans in the following proportions:
a. the OCAMP Higher Education Five -year Plan shall be
allocated forty-five percent (45%) of such monies.
Twenty percent (20%) of those monies allocated shall
be for comprehensive institutions of higher education
within The Oklahoma State System of Higher Educa tion,
fifty percent (50%) for all four-year colleges and
universities except the University of Oklahoma located
in Norman, Oklahoma, and Oklahoma State University
located in Stillwater , Oklahoma, and thirty percent
(30%) for two-year institutions of higher education
within The Oklahoma State System of Higher Education .
b. the OCAMP Tourism and Recreation Five -year Plan shall
be allocated ten percent (10%) of such monies, and
c. the OCAMP State Five-year Plan shall be allocated
forty-five percent (45%) of such monies.
E. The Board shall update each five-year plan no less often
than biennially. Upon the adoption of such plans and upon each
update to such plans, a report detailing such plans shall b e
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submitted by electronic means to the Governor, the President Pro
Tempore of the Senate, and the Speaker of the House of
Representatives.
F. The Office of Management and Enterprise Services, with the
advice and assistance of the Oklahoma Capitol Improvement Authority,
shall provide staffing for the Board and other such assistance as
the Board may require.
G. The Board may direct the Oklahoma Capitol Improvement
Authority to allocate, bu dget, and expend, either directly or under
the terms of memoranda of understanding lawfully entered into with
other state entities , monies from the Oklahoma Capital Assets
Maintenance and Protection Fund on any project or item that has been
included in an applicable five-year plan authorized under the
provisions of this act for no less than one (1) year.
SECTION 4. AMENDATORY 68 O.S. 2021, Section 1353, as
last amended by Section 2, Chapter 290, O.S.L. 2023 (68 O.S. Supp.
2023, Section 1353), is amended to read as follows:
Section 1353. A. It is h ereby declared to be the purpose of
the Oklahoma Sales Tax Co de to provide funds for the financing of
the program provided for by the Oklahoma Social Security Act and to
provide revenues for the support of the functions of the state
government of Oklahoma, and for this purpose it is hereby expressly
provided that, revenues derived pursuant to the provisions of the
Oklahoma Sales Tax Code, subject to the apportionment requirements
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for the Oklahoma Tax Commission and Office of Management and
Enterprise Services Joint Computer Enhancement Fund provided by
Section 265 of this title, and further subject to the apportionment
requirement provided in subsection D of this section , shall be
apportioned as follows:
1. Except as provided in subsection C of this section, the
following amounts shall be paid to the State Treasurer to be placed
to the credit of the General Revenue Fund to be paid out pursuant to
direct appropriation by the Legislature:
Fiscal Year Amount
FY 2003 and FY 2004 86.04%
FY 2005 85.83%
FY 2006 85.54%
FY 2007 85.04%
FY 2008 through FY 2022 83.61%
FY 2023 through FY 2027 83.36%
FY 2028 and each fiscal year thereafter 83.61%;
2. The following amounts shall be paid to the State Treasurer
to be placed to the credit of the Education Reform Revolving Fund of
the State Department of Education:
a. for FY 2003, FY 2004 and FY 2005, ten and forty -two
one-hundredths percent (10.42%),
b. for FY 2006 through FY 2020, ten and forty -six one-
hundredths percent (10.46%),
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c. for FY 2021:
(1) for the month beginning J uly 1, 2020, through the
month ending August 31, 2020, ten an d forty-six
one-hundredths percent (10.46%), and
(2) for the month beginning September 1, 2020,
through the month ending June 30, 2021, eleven
and ninety-six one-hundredths percent (11.96%),
d. for FY 2022 and each fiscal year thereafter, ten and
forty-six one-hundredths percent (10.46%);
3. The following amounts shall be paid to the State Treasurer
to be placed to the credit of the Teachers’ Retirement System
Dedicated Revenue Revolving Fund:
Fiscal Year Amount
FY 2003 and FY 2004 3.54%
FY 2005 3.75%
FY 2006 4.0%
FY 2007 4.5%
FY 2008 through FY 2020 5.0%
FY 2021:
a. for the month beginning July
1, 2020, through the month
ending August 31, 2020 5.0%
b. for the month beginning
September 1, 2020, through
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the month ending June 30,
2021 3.5%
FY 2022 5.0%
FY 2023 through FY 2027 5.25%
FY 2028 and each fiscal year thereafter 5.0%;
4. a. except as otherwise provided in subparagraph b of this
paragraph, for the fiscal year beginning July 1, 2022,
and for each fiscal year thereafter, eighty -seven one-
hundredths percent (0.87%) shall be paid to the State
Treasurer to be further apportioned as follows:
(1) twenty-four percent (24%) shall be placed to the
credit of the Oklahoma Tourism Promotion
Revolving Fund, but in no event shall such
apportionment exceed Five Million Dollars
($5,000,000.00) in any fiscal year,
(2) forty-four percent (44%) shall be placed to the
credit of the Oklahoma Touris m Capital
Improvement Revolving Fund, but in no event shall
such apportionment exceed Nine Million Dollars
($9,000,000.00) in any fiscal year, and
(3) thirty-two percent (32%) shall be placed to the
credit of the Oklahoma Route 66 Commission
Revolving Fund, but in no event shall such
apportionment exceed Six Million Six Hundred
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Thousand Dollars ($6,600,000.00) in any fiscal
year, and
b. any amounts which exceed the limitations of
subparagraph a of this paragraph shall be placed to
the credit of the General Revenue Fund; and
5. For the fiscal year beginning July 1, 2015, and for each
fiscal year thereafter, six one -hundredths percent (0.06%) shall be
placed to the credit of the Oklahoma Historical Society Capital
Improvement and Operations Revolving Fund, but in no event shall
such apportionment exceed the total amount apportioned pursuant to
this paragraph for the fiscal year ending o n June 30, 2015. Any
amounts which exceed the limitations of this paragraph shall be
placed to the credit of the General Reve nue Fund.
B. Provided, for the fiscal year beginning July 1, 2007, a nd
every fiscal year thereafter, an amount of revenue shall b e
apportioned to each municipality or county which levies a sales tax
subject to the provisions of Section 1357.10 of this title and
subsection F of Section 2701 of this title equal to the amount of
sales tax revenue of such municipality or county exempted by the
provisions of Section 1357.10 of this title and subsection F of
Section 2701 of this title. The Oklahoma Tax Commissi on shall
promulgate and adopt rules necessary to implement the provis ions of
this subsection.
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C. From the monies that would other wise be apportioned to the
General Revenue Fund pursuant to subsection A of this section, there
shall be apportioned the following amounts:
1. For the month ending August 31, 2019:
a. Nine Million Six Hundred Thousand Dollars
($9,600,000.00) to the credit of the State Highway
Construction and Maintenance Fund created in Section
1501 of Title 69 of the Oklahoma Statutes, and
b. Two Million Dollars ($2,000,000.00) to the credit of
the Oklahoma Railroad Maintenance Revolving Fund
created in Section 309 of Tit le 66 of the Oklahoma
Statutes;
2. For the month ending September 30, 2019:
a. Twenty Million Dollars ($20,000,000.00) to the credit
of the State Highway Construction and Maintenance Fund
created in Section 1501 of Title 69 of the Oklahoma
Statutes, and
b. Two Million Dollars ($2,000,000.00) to the credit of
the Oklahoma Railroad Maintenance Revolving Fund
created in Section 309 of Title 66 of the Oklahoma
Statutes;
3. For the month ending Octob er 31, 2019:
a. Twenty Million Dollars ($20,000,000.00) to th e credit
of the State Highway Construction and Maintenance Fund
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created in Section 1501 of Title 69 of the Oklahoma
Statutes, and
b. Two Million Dollars ($2,000,000.00) to the credit of
the Oklahoma Railroad Maintenance Revolving Fund
created in Section 30 9 of Title 66 of the Oklahoma
Statutes;
4. For the month ending November 30, 2019:
a. Twenty Million Dollars ($20,000,000.00) to the credit
of the State Highway Construction and Maintenance Fund
created in Section 1501 of Title 69 of the Oklahoma
Statutes, and
b. Two Million Dollars ($2,000,000.00) to the credit of
the Oklahoma Railroad Maintenance Revolving Fund
created in Section 309 of Title 66 of the Oklahoma
Statutes; and
5. For the month ending December 31, 2019:
a. Twenty Million Dollars ($20,000,0 00.00) to the credit
of the State Highway Construction and Maintenance Fund
created in Section 1501 of Title 69 of the Oklahom a
Statutes, and
b. Two Million Dollars ($2,000,000.00) to the credit of
the Oklahoma Railroad Maintenance Revolving Fund
created in Section 309 of Title 66 of the Oklahoma
Statutes.
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D. For fiscal year 2029, and each subsequent fiscal year, Fifty
Million Dollars ($50,000,000.00) shall be placed to the credit of
the Oklahoma Capital Assets Maintenance and Protection Fund created
in Section 2 of this act.
SECTION 5. This act shall become effective July 1, 2024.
SECTION 6. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
59-2-3807 QD 5/28/2024 4:23:55 PM