Req. No. 1408 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 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) SENATE BILL 141 By: Kirt AS INTRODUCED An Act relating to state government; amending 4 7 O.S. 2021, Section 1104.18, which relat es to the Oklahoma Friends of the Capitol License Plate Revolving Fund; updating statutory language; amending 73 O.S. 2021, Section 15.4, which relates to Capitol buildings; updating statutory reference; modifying duties of non-profit corporation; amend ing 73 O.S. 2021, Section 83.1, as amended by Section 1, Chapter 91, O.S.L. 2022 (73 O.S. Supp. 2022, Section 83.1) , which relates to the Capitol grounds and buildings; re- creating and modifying membership of the Capitol- Medical Center Improvement and Zoning Commission; requiring the Department of Public Safety to create and submit security plan for certain locations; requiring coordination with certain agency; amending 73 O.S. 2021, Section 176, which relates to the permanent Capitol Liaison committee; creating the position of Capitol Liaison; transferring certain duties from the legislative liaison committee to the Capitol Liaison; providing that the Capitol Liaison is the primary liaison for Capitol tenants; amending 73 O.S. 2021, Section 345, whic h relates to the State Capitol Repair Expenditure Over sight Committee; terminating certain committee; deleting certain responsibility for r eporting and implementing certain plans; removing requirement for c ertain joint approval; deleting certain constructi on; amending 74 O.S. 2021, Section 4101, which relates to definitions; modifying and defining terms; amending 74 O.S. 2021, Section 4102, w hich relates to responsibilities of certain commission; extending sunset termination date; stating purpose of certain commission; amending 74 O.S. 2021, Sec tion 4103, which relates to certain membership; modifyin g membership; establishing meeting requireme nts; Req. No. 1408 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 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 Commission functions are additional functions of certain members; amending 74 O.S. 2021, Section 41 04, which relates to powers and responsibilities of the 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; establishing the State Capitol Pr eservation Office; providing powers and duties of the Executive Director and of the Office; 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 cer tain art; authorizing certain events; providing procedures 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, Sec tions 4106 and 4107, which relate to cooper ation between Commission and branches of stat e government and compliance with certain administr ative requirements; making language gender neutral; providing for codification; and declaring an emergency. BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 1. AMENDATORY 47 O.S. 2021, Section 1104.18, is amended to read as follows: Section 1104.18. A. Twenty Dollars ($20.00) of the fee authorized by Section 1135.5 of this title for the Oklahoma State Capitol Restoration License Plate shall be deposited i n the Oklahoma Friends of the Capitol License Plate Revolving Fund created in subsection B of this section. B. There is hereby created in the State Treasury a revolving fund for the Office of Management and Enterpr ise Services to be Req. No. 1408 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 designated the “Oklahoma Friends of the Capitol License Plate Revolving Fund”. The fund shall be a continuing fund, not subj ect to fiscal year limitations, and shall consist of all monies recei ved by the Office of Management and Enterpr ise Services pursuant to the provisions of subsection A of this section. All monies accruing to the credit of the fund are hereby appropriated and shall be budgeted and expended by the Office of Management and En terprise Services for restoration and modification of the Oklahoma State Capitol. B efore the Office makes any expenditure from the fund, the expenditure shall be approved by the State Capitol Preservation Com mission created pursuant to Section 4102 of Tit le 74 of the Oklahoma Statutes. Expenditur es from the fund shall be made upon warra nts 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. SECTION 2. AMENDATORY 73 O.S. 2021, Section 15.4, is amended to read as follows: Section 15.4. A. There is hereby authorized the creation of a not-for-profit corporation to be known as “Friends of the Capitol” to raise funds and to assist in the preservation and enhancem ent of the Oklahoma State Capitol and surrounding areas grounds as defined in Section 1 of this title 7 of this act. B. The board of director s of the corporation authorized in subsection A of this section shall choose its own chairperson. Req. No. 1408 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 C. After proper incorporation, the not-for-profit corporation is authorized and directed to apply for tax -exempt status under Section 501(c)(3) of the Intern al Revenue Code (26 U.S.C., Sect ion 501(c)(3)). D. In addition to funds received from the general public or other public and private sources, the not-for-profit corporation may receive funds from state agen cies at such times and in such amounts as may be appropriated by the Legislature for the Oklahoma State Capitol or made available to the corporation from state agenci es from their sources of revenue. E. Costs to underwrite activities related to the preser vation and enhancement of the Oklahoma State Capitol may be borne from revenues of the not-for-profit corporation. F. Upon the incorporation, the not -for-profit corporation shall be authorized to hire staff and name advisory groups or steering committees as necessary to assist in the preservation and enhancement of the Oklahoma State Capitol. G. The corporation shall coordi nate preservation and, restoration, enhancement, maintenance, and modification projects in conjunction with and the consent approval of the State Capitol Preservation Commission and the Office of Management and Enterprise Services. Req. No. 1408 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 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 3. AMENDATORY 73 O.S. 2021, Section 83.1, as amended by Section 1, Chapter 91, O.S.L. 2022 (73 O.S. Supp. 2022, Section 83.1), is amended to read as follows: Section 83.1. A. There is hereby re-created to continue until July 1, 2025 2026, in accordance with the Oklahoma Sunset La w, a Capitol-Medical Center Improvement and Zoning Commission to exercise the functions and perform the duties hereinafter prescribed. B. The Commission shall be composed of eleven (11) members as follows: 1. The Director of the Office of Management an d Enterprise Services or his or her designee, who shall be ex officio chair of the Capitol-Medical Center Improvement and Zoning Commission; 2. The Director of the Transportation Commission or his or her designee; 3. The President of the University of Oklahoma or his or her designee; 4. Two members appointed by the President Pro Tempor e of the Senate; 5. Two members appointed by the Speaker of the House of Representatives; 6. The Chair of the Planning Commission of Oklaho ma City or his or her designee; 7. The Chair of the Long-Range Capital Planning Commission Capitol Liaison or his or her designee ; and Req. No. 1408 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 8. Two members of the Commission appointed by the Governor, with the advice and consent of the State Senate, for four-year staggered terms with one term expiri ng on January 31 of each even - numbered year. C. The Commission is authorized to appoint and hire a Director, who shall serve as t he chief administrative officer of the Commission, and other necessary personnel . The Attorney General of the State of Oklahoma this state shall be the legal advisor to the Commission in the same capacity as he or she is to other boards and commissions. D. At least one of the members One member appointed by the President Pro Tempore of the Senate an d one member appointed by the Speaker of the House of Representativ es shall be a resident within the boundaries of the Capitol-Medical Center Improvement and Zoning District as set forth in Section 83 of this title. SECTION 4. NEW LAW A new section of law t o 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 shal l create a security plan for the Oklahoma State Capitol and Oklahoma State Capitol grounds and the Governor’s Mansion. The plan shall be submitted to the State Capitol Preservation Commission for review and approval. A new plan shall be submitted every three (3) years. Req. No. 1408 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 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 department shall coordinate with the Office of Management and Enterprise Services to implement and staff the approved security plan. SECTION 5. 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 Capitol Liaison committee, composed of three (3) members from each house, appointed by t he President Pro Tempore and Speaker, respectively to the State Capitol Preservation Commission. The legislative liaison Capitol Liaison committee will shall keep the Legislature properly a dvised 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 Capit ol Improvement Authority or the Office of Management and Enterprise Servi ces and all studies of activities or projects rel ating to the Oklahoma State Capitol Complex shall be considered by presented to the liaison committee created Capitol Liaison authorized by this section. The Oklahoma Capitol Improvement Authority and the Office of Management and Enterprise Services shall notify the membership of the legislative liaison Capitol Liaison committee in advance of any Req. No. 1408 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 meeting in which official or formal acti on is to be taken by furnishing the proposed agenda in writing at least t wenty-four (24) hours in advance of such meeting. B. The Oklahoma Capitol Improvement Authori ty and the Office of Management and Enterprise Services shall provide such information, records, testimony, or recommendations as the committee Capitol Liaison may require. C. The Capitol Liaison responsibilities shall include serving as the primary contact for Americans with Disabilities Act (ADA) compliance for the Oklahoma State Capitol. D. All proposals for enhancement, modification, prese rvation, or restoration of the Oklahoma State Capitol and Oklahoma State Capitol grounds, and the Governor’s Mansion and grounds, shall be submitted to the Liaison. The Liaison shall submit all proposals to the State Capitol Preservation Commission for appro val. E. All proposals for 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. F. All proposals for security modifications and enhancements by agencies, the Senate, or the House of Representatives sha ll be submitted to the Liaison. The Liaison shall submit all proposals to the State Capitol Preservation Commission for approval. Req. No. 1408 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 G. The Capitol Liaison shall be the primary liaison for all tenants that occupy space in the Oklahoma State Capitol. SECTION 6. AMENDATORY 73 O.S. 2021, Section 345, is amended to read as follows: Section 345. A. In addition to any other authorization provided by law, the Ok lahoma Capitol Improvement Aut hority is authorized to issue obligations to acquire real property, t ogether with improvements located thereon, an d personal property to construct improvements to real property and to provide funding for repairs, refurbishment s 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 property 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 create d 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 the real property and improvements, and providing funding for the Req. No. 1408 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 income and revenues to be derived from the leasing of such property and improvements and, in anticipation of the collection of such income and revenues, to issue negotiable obligations in a total amount n ot to exceed One Hundred Twent y Million Dollars ($120,000,0 00.00) 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 t he date of issuance. For subsequent fiscal years, it is th e 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 from t he 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 profe ssionals as it may deem necess ary to provide for the efficient sale of the obligations and may utilize a portion of Req. No. 1408 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 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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. E. The obligations authorized u nder 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 liqui dity 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 obligations o ccur 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 by 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 investmen ts shall Req. No. 1408 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 be made in a manner consistent with the investment guidelines of the State Treasurer. The Authority may place additiona l restrictions on the investment of such monies if necessary to enha nce 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 request for proposal process. The Committee shall be composed of nine (9) members as follows: 1. Three persons to be appointed by the G overnor, 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 P resident Pro Tempore of the Senate, two of whom shall be me mbers of the majority political party and one of whom shall be a member of the minority political party. Five members of the Com mittee shall constitute a Req. No. 1408 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 quorum and the vote of five members shall be necessary for any action taken by the Committee. The Co mmittee shall be staffed by 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 prelim inary plan for the renovation, repair and remodeling of the State Capitol to the Director of the Office of Management and Enterprise Services no later than December 31, 2014. The prelimin ary 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 Fo r Proposal process. K. Following receipt of the preliminary plan as approved by the Committee, the Office of Management and En terprise Services shall solicit Requests For Proposals to select the vendor for the project. L. The Committee shall deliver a fi nal 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 proje ct phasing developed by the vendor. M. Following delivery of the fi nal plan, the Committee shall continue to oversee the expen diture of proceeds from the sale of Req. No. 1408 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 Legislature, until com pletion of the renovation, rep air and remodeling of the Sta te Capitol. The Committee may also propose and approve amendments to the plan as it deems appropriate. N. The Director of the O ffice of Management and Enterprise Services shall have responsibilit y to substantially implement t he plan as presented by the C ommittee; provided, the President Pro Tempore of the Senate or the Speaker of the House of Representatives shall approve all prop osed designs related to renovation, repair and remodeling of space w ithin 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 approva l 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 appr oval shall be in writing. O. Insofar as they are not in co nflict with the provisions of this section, the provisions of Section 151 et seq. of this title shall apply to this section. SECTION 7. AMENDATORY 74 O.S. 2021, Section 41 01, is amended to read as foll ows: Req. No. 1408 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 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 4101. As used in Sections 4101 through 4108 4110.1 of this title: 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 qual ity representing the highest quality of art objects availab le 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 produc ed for the purpose of guiding review of proposed alterations to the Oklahoma State Capitol, Governor’s Mansion, and respective 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 alter ations 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, Governor’s Mansion, or the respective grounds; 5. “Grounds” means all land surrounding the Oklahoma State Capitol and bordered by Lincoln Boulevard, and the land containe d within the fence line surrounding the Gover nor’s Mansion; Req. No. 1408 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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; 7. “Modification” means any change to an existing physical attribute of the Oklahoma State Capitol, Governor’s Mansion, or the respective grounds; 8. “Preservation” means the act or process of applying measures necessary to sustain the existing form, integrity, and materials of a historic property. Work including preliminary me asures to protect and stabilize the property, generally focus ing 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 accurately depicting the form, features, and character of the Oklahoma State Capitol as the building appeared in 1917, and dome in 2002, b y means of the removal of features from later periods in its history and reconstruction of mis sing features from the restoration period. SECTION 8. 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 State Capitol Req. No. 1408 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Building, hereinafter referred to as the Capitol, and the Governor’s Mansion. The Commission shall control approve the display of art objects in public areas of the Capitol and the Governor’s Mansion. The State Capitol 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, Governor’s Mansion, and the respective grounds for the perpetual use by the state government and the enjoyment of all persons. SECTION 9. AMENDATORY 74 O.S. 2021, Section 410 3, is amended to read as f ollows: Section 4103. A. The State Capitol Preservation Commission shall be composed of fifteen (15) fourteen (14) members as follows: 1. Three members shall be appoin ted by the The Governor, or designee; 2. Three members shall be appointed by the The President Pro Tempore of the Senate, or designee; 3. Three members shall be appointed by the The Speaker of the House of Representatives, or designee; 4. One member shall be appointed by the The Chief Justice of the Oklahoma Supreme Court, or designee; and 5. One member of the Senate appointed by the President Pro Tempore of the Senate; Req. No. 1408 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 6. One former senator appointed by the President Pro Tempore of the Senate; 7. One member of the House of Representatives appointed by the Speaker of the House of Representatives; 8. One former member of the House of Representatives appointed by the Speaker of the House of Representatives; 9. The Secretary of State; and 10. 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 President 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; Req. No. 1408 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2. One of the members appointed by the Governor, the President Pro Tempore of the Senate, an d 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 t he Speaker of the House of Representatives shall serve a five -year term. 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 member of the respective house from which the member was appointed. 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) year s. 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 provid ed in the State Travel Reimbursement Act. Req. No. 1408 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 appointed voting members. The Commission shall be subject to the Oklahoma Open Meeting Act. E. The Commission functions performed by the Governo r, 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 10. 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 de cor of the interior and exterior of the Capitol and the Governor’s Mansion Approve the maintenance, restoration, preservation, enhancement, or modification of the Oklahoma State Capitol, Governor’s Mansion, and the respective grounds; Req. No. 1408 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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, Governor’s Mansion, and the respective grounds; 3. Establish procedures by which pri vate contributions of suitable art can be accepted for the Oklahoma State Capitol and the Governor’s Mansion. The Commission is authorized to accept approve 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, alteration, 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, Governor’s Mansion, and the respective grounds submitted by the Capitol Liaison. This review and approval process shall not apply to actions deemed by the Capitol Superintendent to be maintenance necessary for t he upkeep and function of the Oklahoma State Capitol, Governor’s Mansion, and the respective grounds; Req. No. 1408 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 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. Review and approve a security plan submitted by the Department of Public Safety for the Oklahoma State Capitol, Governor’s Mansion, and the respective grounds; and 5. 6. Have final approval aut hority for any plans or programs for the restoration, preservatio n, or display of fine art programs in and surrounding the Oklahoma State Capitol and the Governor’s Mansion. Review and approve administrative rules submitted by the Office of Management and Enterprise Ser vices or the Capitol Liaison concerning the Oklahoma State Capitol, Governor’s Mansion, the respective contents, and the respective concerns; 7. Review and approve preservation zones and design standards for the Oklahoma State Capitol, Governor’s Mansion, and the respective 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 Oklahoma State Capitol, the Governor’s Mansion, and the respective grounds. Suc h works of art shall be directly related to the history and culture of this state; 9. Consult the Oklahoma Arts Council to determine the location of all works of art and monuments to be displayed; 10. Provide for the allocation of physical spa ce in the Oklahoma State Capitol to tenants within the limits of Section 15.1 of Title 73 of the Oklahoma Sta tutes. Each tenant shall be Req. No. 1408 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 responsible for assigning its membership and personnel to locations within its allotted space; 11. Approve rooms and areas of the building available for use and reservation by the public; 12. Provide oversight and accountabil ity inspections of maintenance, restoration, preservation, enhancement, and modification projects to ensure all projects conform to design standards; 13. Provide for designation of parking space blocks to be allotted to the tenants in the Oklahoma State Capitol. Tenants shall be responsible for assignment of individual parking spaces; and 14. Ensure the Oklahoma State Capitol, grounds, and tenants comply with Americans with Disabilities Act standards. B. The Long-Range Capital Planning Commissio n 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 considerat ion by the Long-Range Capital Planning Commis sion As of the effective date of this act, the State Capitol Preservation Commission shall assume oversight responsibility of the Capitol Restoration Project from the State Capitol Repair Expenditure Oversight Committee created in Section 345 of Title 73 of the Oklahoma Statutes. Req. No. 1408 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 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 11. 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 standard s adopted for acquisition and display of works of a rt 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 and the Governor’s Mansion; 3. Coordinate space demands of the various agencies in the Capitol and the Governor's Mansion; 4. 3. Maintain a record of all structural and decor 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 proposed maintenance, restoration, preservation, enhancement, and modifications in decor or design to ensure preservation and maintenance of the cultura l and historic integrity of the Oklahoma State Capitol and the Governor's Mansion ; and Req. No. 1408 Page 25 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 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 zones and design sta ndards. The Director of the Office of Management and Enterpris e Services may contract for the services of a Capit ol Architect and Curator or employ such an individual on either a full - or part-time basis. Compensation for the position will be in accord with similar professional positions in state government. SECTION 12. 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 Office of Management and Enterprise Services (OMES) shall be the custodian of the Oklahoma State Capitol, Governor’s Mansion, and the respective grounds. To aid in these duties, the State Capitol Preservation Office is established under the State Capitol Preservation Commission. All administration and budgetary decisions for the State Capitol Preservation Office shall be made by the Office of Management and Enterprise Services with authorization by the State Capitol Preservation Commi ssion. B. The Oklahoma State Capitol duties of the Office of Management and Enterprise Services are as follows: 1. OMES shall have the responsibility for maintenance, restoration, preservation, enhancement, and modification of the Oklahoma State Capitol, Governor’s Mansion, and respective grounds Req. No. 1408 Page 26 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 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 including facilities planning, facilities construction, and facilities administration; 2. OMES shall be responsible for all maintenance duties necessary to properly pr eserve and maintain the Oklahoma State Capitol, Governor’s Mansion, and the respective grounds; 3. OMES shall be responsible for devising and developing processes for tenants in the Oklahoma State Capitol and Governor’s Mansion to submit requests for maintenance, restoration, preservation, enhancement, and modification and evaluating such requests; 4. OMES shall manage each project 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 Pre servation Commission; 6. OMES shall be responsible for creating a long-range master plan for the maintenance and upkeep of the Oklahoma State Capitol, Governor’s Mansion, and the respective grounds which shall be submitted to the State Capitol Preservation Commission every three (3) years; 7. OMES shall be responsible for operation or coordinating operation of the visitor center, visitor relations activities, and tours in the Oklahoma State Capitol; Req. No. 1408 Page 27 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 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 prep aration vehicles on t he grounds; 9. OMES shall be responsible for taking and approving reservations in all meeting rooms and area s of the Oklahoma State Capitol and grounds not allocated to the Legislature by Section 15.1 of Title 73 of the Oklahoma Statutes; 10. OMES shall be responsible for approving all events and gatherings in the Oklahoma State Capitol and on the respective grounds except for space designated in Section 15.1 of Title 73 of the Oklahoma Statutes; 11. OMES shall coordinate with the Oklahoma Art s Council for curation of and care for a ll exhibits, art, monuments, and memorials in public areas at the Oklahoma State Capitol, Governor’s Mansion, and the respective grounds; 12. OMES shall coordinate with the Department of Public Safety to ensure the safety of all visitors, employee s, and elected officials who are in the Oklahoma State Capitol, Governor’s Mansion, or on the respective grounds. In cooperation with the Department of Public Safety, a security plan shall be submitted to the St ate Capitol Preservation Commission every three (3) years; Req. No. 1408 Page 28 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 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 13. OMES shall be responsible for all maintenance, upkeep, and access to all parking lots on the grounds of the Oklahoma State Capitol and Governor’s Mansion; 14. OMES shall be responsible for submitting proposed administrative rules to the S tate Capitol Preservation Commission to govern the execution of the duties of the Office; and 15. OMES may collect rent from third-party vendors in the Oklahoma State Capitol and proceeds from th e sale of merchandise or services rendered. C. 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. SECTION 13. AMENDATORY 74 O.S. 2021, Section 4108, is amended to read as follows: Section 4108. The provisions of Sections 41 01 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 the respective grounds except for those immedi ate 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 14. NEW LAW A new section of law to be codi fied in the Oklahoma Statutes as Section 4108.1 of Title 74, unless there is created a duplicat ion in numbering, reads as follows: Req. No. 1408 Page 29 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 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 The Oklahoma Arts Council shall be given the responsibility to acquire, maintain, preserve, or restore any state-owned art that is in storage or on display in the Oklahoma State Capitol, Governor’s Mansion, and the respective groun ds. The council is authorized to hold exhibitions and commissions to displa y 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 15. AMENDATORY 74 O.S. 2021, Section 4109, is amended to read as follows: Section 4109. By the order of the Director of the Offi ce of Management and Enterprise Services, restoration and preser vation Maintenance, restoration, preservation, e nhancement, and modification projects of the Oklahoma State Capitol Building or of the, Governor’s Mansion, and the respective 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 conduct historical preservation projects. SECTION 16. REPEALER 74 O.S. 2021, Sections 4106 and 4107, are hereby repealed. Req. No. 1408 Page 30 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 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 SECTION 17. It being immediately necessary for the preservation of the public peace, health or safety, an emergency is he reby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage an d approval. 59-1-1408 KR 1/4/2023 3:28:09 PM