Oklahoma 2024 Regular Session

Oklahoma Senate Bill SB952 Compare Versions

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4-
5-An Act
6-ENROLLED SENATE
7-BILL NO. 952 By: Kidd of the Senate
28+ENGROSSED HOUSE AMENDME NT
29+ TO
30+ENGROSSED SENATE BILL NO . 952 By: Kidd of the Senate
831
932 and
1033
11- Sims and Cantrell of the
12-House
34+ Sims of the House
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1840 An Act relating to county surplus equipment; am ending
1941 19 O.S. 2021, Section 421, which relates to
2042 disposition of certain county property t o be entered
2143 in minutes; raising value of certain equipment that
2244 is entered into certain meeting minutes; amend ing 19
2345 O.S. 2021, Section 421.1, which relates to sale of
2446 certain county property; raising value of equipment
2547 and adding equipment eligible to be sold or traded in
2648 using certain procedures; and providing an eff ective
2749 date.
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33-SUBJECT: County surplus equipment
55+
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58+AUTHOR: Add the following House Coauthor: Cantrell
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60+AMENDMENT NO. 1. Strike the title, enacting clause, and entire bill
61+and insert:
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63+
64+
65+
66+"An Act relating to county surplus equipment;
67+amending 19 O.S. 2021, Section 421, which relates to
68+disposition of certain county property to be ent ered
69+in minutes; raising value of certain equipment that
70+is entered into certain meeting minutes; amend ing 19
71+O.S. 2021, Section 421.1, which relates to sale of
72+certain county property; raising value of equipment
73+and adding equipment eligible to be sold or traded in
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100+using certain procedures; and providing an effective
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34105
35106 BE IT ENACTED BY THE PEOPLE OF THE STAT E OF OKLAHOMA:
36-
37107 SECTION 1. AMENDATORY 19 O.S. 2021, Section 421, is
38108 amended to read as follows:
39-
40109 Section 421. From and after the effective date of this act
41110 After November 1, 2009, each board of county commissioners of the
42111 several counties in the state shall within thirty (30) days after
43112 the disposition of a ny tools, apparatus, machine ry, and equipment
44113 belonging to the county or leased or otherwise let to it or any
45114 department thereof, the original cost of which is more than Five
46115 Hundred Dollars ($500.00) One Thousand Dollars ($1,000.00), whether
47116 sold, exchanged, junked, leased or let where authorized by statute,
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50117 shall enter, or cause to be entered, in the minutes of the
51118 proceedings of the board the fact of such disposition, including
52119 complete description of ite m, serial number, the date property was
53120 acquired, the name and address of the person or firm from whom
54121 property was acquired, the cost price at time of acquisit ion or
55122 contract price if acquired under lease -rental agreement, the d ate of
56123 disposition, the nam e and address of the person or firm to whom
57124 property transferred, the price received therefor and the reason f or
58125 disposition.
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60152 SECTION 2. AMENDATORY 19 O.S. 2021, Section 421.1, is
61153 amended to read as foll ows:
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63-Section 421.1. A. The board of county commissioners is hereby
154+Section 421.1 A. The board of county commissioners is hereby
64155 authorized to use any tools, apparatus, machinery or equipment
65156 belonging to the county, the original cost of which ex ceeded Five
66157 Hundred Dollars ($500.00) One Thousand Dollars ($1,000.00), as a
67158 trade-in on a cash purchase or lease purchase of any other tools,
68159 apparatus, machinery or equipment.
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70160 B. To establish an appraised value for an item to be sold at
71161 public auction or traded in, the purchasing agent may refer to an
72162 industry-recognized appraisal manual for used construction equipment
73163 to estimate the value of the item being sold, or obtain appraisal
74164 quotes from at least two vendors in the business of selling items
75165 like the one being sold.
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77166 C. Except when such items are disposed of pursuan t to
78167 subsection E, F or I of this section, the following procedures shall
79168 be used for the sale, by the board of county commi ssioners, of any
80169 tools, apparatus, machinery or equipment, the original cost of which
81170 exceeded Five Hundred Dollars ($500.00) One Thousand Dollars
82171 ($1,000.00) or any information technology hardware or software
83172 having an original cost of Five H undred Dollars ($500.00) or more,
84173 belonging to the county:
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86200 1. The board of county commissioners shall give notice of such
87201 sale by publication in a newspaper of general paid circulation in
88202 the county for two successive weekly issues;
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92203 2. Bids for such tool s, apparatus, machinery or equipment on
93204 sale shall be in writing, sealed and delivered to the county clerk
94205 of such county;
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96206 3. At the next regula r meeting of the board of county
97207 commissioners after the expiration of fifteen (15) days from the
98208 date of first publication of notice of the sale, the board of county
99209 commissioners shall open such bids and award such tools, apparatus,
100210 machinery or equipmen t to the highest and best bidder with the
101211 option of rejecting all bids; and
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103212 4. The board of county commissione rs may hold a public auction
104213 or use an Internet auction, which may include o nline bidding, in
105214 lieu of advertising for sealed bids as provided abo ve. Such auction
106215 shall be advertised as provided herein.
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108216 D. A board of county commissioners may sell any mate rials,
109217 tools, apparatus, machinery or equipment to a tribal governmental
110218 entity or state agency, if the agency is subject to the Oklahoma
111219 Central Purchasing Act. The board of county commissioners may
112220 purchase materials, tools, apparatus, machinery or equi pment from a
113221 state agency, if the agency is subject to the Oklahoma Central
114222 Purchasing Act.
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116249 E. The board of county commissioners may, by resolut ion, enter
117250 into an agreement with any tribal governmental entity or other
118251 county or political subdivision for t he purpose of selling,
119252 transferring, trading or otherwise disposing of equip ment or
120253 materials at a price agreed upon by both governing bodies.
121254 Transactions made pursuant to this subsection shall not be subject
122255 to the requirements in subsection C of this s ection.
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124256 F. Advertisement of surplus property consigned to sell at a
125257 Circuit Engineering District auction shall be provided by the
126258 auction company under contract to conduct the sale. Advertising
127259 shall be provided to attract the most potential buyers. Adv ertising
128260 media may include, but not be limited to, sale flyers, newspapers,
129261 radio, television, and Internet postings.
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131262 G. Pursuant to the authori ty of Section 1 of this title, boards
132263 of county commissioners shall have authority, under such statute and
133264 in consideration of the procedures in this section to sell real
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136265 property belonging to the county without declaring such property
137266 surplus under the fo llowing conditions:
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139267 1. A certified appraisal of the county property shall be
140268 performed to determine the market value of the property and accepted
141269 by the board of county commissioners;
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143270 2. After acceptance of the certified appraisal, the board of
144271 county commissioners shall, pursuant to the requirements of this
145272 section, give notice of such sale by publication in a n ewspaper of
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146299 general paid circulation in the county for two successive weekly
147300 issues;
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149301 3. Bids for the real property shall be in writing, sealed a nd
150302 delivered to the county clerk of such county;
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152303 4. At the next regular meeting of the board of county
153304 commissioners after the expiration of fifteen (15) days from the
154305 date of first publication of notice of sale, the board of county
155306 commissioners shall op en such bids;
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157307 5. A successful bid must be no less than the market value of
158308 the real property to be considered by the board of county
159309 commissioners for acceptance. The board of county co mmissioners
160310 reserves the right to reject any and all bids;
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162311 6. If more than one bid is above the market value of the real
163312 property, the board of county commissioners shall have the right to
164313 compel the potential buyers of the real property who have bid abov e
165314 the market amount to enter into public auction conducted by the
166315 chairman of the board of county commissioners after the opening of
167316 such bids, to establish the highest bid for the property in order to
168317 assure that the county is receiving adequate considera tion for the
169318 property;
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171319 7. A majority vote of the board of county com missioners shall
172320 be required to determine the successful bidder of the real property.
173321 Upon awarding the bid, e ither through sealed bid or by conducting a
174322 public auction of those bidders who bid more than the market value
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175349 of the real property, the board of county commissioners shall have
176350 the right to pledge the occupied property, using an irrevocable bond
177351 or letter of credit, as provided for in paragraph 10 of this
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180352 subsection, as collatera l in order to finance bonds to purchase
181353 other real property or build a replacement building, or both;
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183354 8. If the sale price is less than the estimated cost of new
184355 land purchase or construction, then said sales contract shall be
185356 contingent upon the public a pproval of bond funding or other
186357 authorized funding to allow the comp lete payment of the contemplated
187358 project;
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189359 9. The board of county commissioners shall have authority
190360 pursuant to paragraphs 5 and 6 of Section 1 of this title to make
191361 any order concerning the sale of such property contingent upon a
192362 closing date in the futu re in order to continue to use said real
193363 property until a replacement building is completed. Upon completion
194364 of the replacement building, the board of county commissioners shall
195365 execute all documents and title transfers pertaining to said real
196366 property to the successful bidder;
367+10. The successful bidder shall execute an irrevocable bond or
368+letter of credit with a surety company or bank licensed to do
369+business in the State of Oklahoma and organized under the corporate
370+laws of the State of Oklahoma and regi stered with the Secretary of
371+State of Oklahoma equal to the amount of the purchase price of the
372+real property within fifteen (15) days of awarding of the bid.
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399+Failure to provide either a n irrevocable bond or letter of credit in
400+favor of the board of count y commissioners within said time
401+limitation shall act as a rejection and cancellation by the board of
402+the award of bid and said board may, at that point, enter into a
403+contract with any se condary or subsequent bidder that meets the
404+aforementioned qualificat ions without further notice; and
405+11. If there are no bids submitted or all submitted bids are
406+less than the market value of the real property after the expiration
407+of fifteen (15) days fr om the date of first publication of notice of
408+sale, the board of coun ty commissioners shall publish the notice of
409+sale and accept bids for a second time complying with the
410+requirements of paragraphs 2 through 4 of this subsection. If there
411+are no bids submitted or all submitted bids are less than the market
412+value of the real property after the expiration of fifteen (15) days
413+from the date of second publication of notice of sale, th e board of
414+county commissioners shall have the right to sell real property,
415+upon majority vote, without any bidding procedure or auction,
416+directly to any person or entity for an amount that is not less than
417+the highest bid previously submitted through any previous bidding
418+procedures provided in this subsection.
419+H. The board of county commissioners may solicit telephone bids
420+for the removal of recy clable materials.
421+I. The board of county commissioners shall have the authority
422+to trade in equipment to a ven dor or on statewide contract by
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449+acquiring used equipment values pursuant to subsection B of this
450+section.
451+SECTION 3. This act shall become effective November 1, 2023."
452+Passed the House of Representatives the 27th day of April, 2023.
453+
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455+
456+
457+
458+Presiding Officer of the House of
459+ Representatives
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461+
462+Passed the Senate the ____ day of _______ ___, 2023.
463+
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468+Presiding Officer of the Senate
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496+ENGROSSED SENATE
497+BILL NO. 952 By: Kidd of the Senate
498+
499+ and
500+
501+ Sims of the House
502+
503+
504+
505+
506+An Act relating to county surplus equipment; am ending
507+19 O.S. 2021, Section 421, which relates to
508+disposition of certain county property to be ent ered
509+in minutes; raising value of certain equipment that
510+is entered into certain meeting minutes; amend ing 19
511+O.S. 2021, Section 421.1, which relates to sale of
512+certain county property; raising value of equipment
513+and adding equipment eligible to be sold or traded in
514+using certain procedures; and providing a n effective
515+date.
516+
517+
518+
519+
520+BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
521+SECTION 4. AMENDATORY 19 O.S. 2021, Section 421, is
522+amended to read as follows:
523+Section 421. From and after the effective date of this act
524+After November 1, 2009, each board of county commissioners of the
525+several counties in the state shall within thirty (30) days after
526+the disposition of a ny tools, apparatus, machine ry, and equipment
527+belonging to the county or leased or otherwise let to it or any
528+department thereof, the original cost of which is more than Five
529+Hundred Dollars ($500.00) Two Thousand Five Hundred Dollars
530+($2,500.00), whether sold, exchanged, junked, leased or let where
531+authorized by statute, shall enter, or cause to be entered, in the
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558+minutes of the proceedings of the board the fact of such
559+disposition, including complete description of ite m, serial number,
560+the date property was acquired, the name and address of the person
561+or firm from whom propert y was acquired, the cost price at time of
562+acquisition or contract price if acquired under lease -rental
563+agreement, the date of disposition, the nam e and address of the
564+person or firm to whom property transferred, the price received
565+therefor and the reason f or disposition.
566+SECTION 5. AMENDATORY 19 O.S. 2021, Section 421.1, is
567+amended to read as follows:
568+Section 421.1. A. The board of county commissioners is he reby
569+authorized to use any tools, apparatus, machinery or equipment
570+belonging to the county, the original cost of whic h exceeded Five
571+Hundred Dollars ($500.00) Two Thousand Five Hundred Dollars
572+($2,500.00), as a trade-in on a cash purchase or lease purchas e of
573+any other tools, apparatus, machinery or equipment.
574+B. To establish an appraised value for an item to be sold at
575+public auction or traded in, the purchasing agent may refer to an
576+industry-recognized appraisal manua l for used construction equipment
577+to estimate the value of the item being sold, or obtain appraisal
578+quotes from at least two vendors in the business of se lling items
579+like the one being sold.
580+C. Except when such items are disposed of pursuant to
581+subsection E, F or I of this section, the foll owing procedures shall
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608+be used for the sale, by the board of county commi ssioners, of any
609+tools, apparatus, machinery or equipment, the original cost of which
610+exceeded Five Hundred Dollars ($500.00) Two Thousand Five Hundred
611+Dollars ($2,500.00) or any information technology hardware or
612+software having an original cost of Five H undred Dollars ($500.00)
613+or more, belonging to the county:
614+1. The board of county commissioners shall give notice of such
615+sale by publication in a newspaper of general paid circulati on in
616+the county for two successive weekly issues;
617+2. Bids for such tool s, apparatus, machinery or equipment on
618+sale shall be in writing, sealed and delivered to the county clerk
619+of such county;
620+3. At the next regular meeting of the board of county
621+commissioners after the expiration of fifteen (15) days from the
622+date of first publication of notice of the sale, the board of county
623+commissioners shall open such bids and award such tools, apparatus,
624+machinery or equipment to the highest and best bidder with the
625+option of rejecting all bids; and
626+4. The board of county commissione rs may hold a public auction
627+or use an Internet auction, which may include online bidding, in
628+lieu of advertising for sealed bids as provided above . Such auction
629+shall be advertised as provided herein.
630+D. A board of county commissioners may sell any mate rials,
631+tools, apparatus, machinery or equipme nt to a tribal governmental
632+
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658+entity or state agency, if the agency is subject to the Oklahoma
659+Central Purchasing Act. The board of county commissioners may
660+purchase materials, tools, apparatus, machinery or equi pment from a
661+state agency, if the agency is s ubject to the Oklahoma Central
662+Purchasing Act.
663+E. The board of county commissioners may, by resolutio n, enter
664+into an agreement with any tribal governmental entity or other
665+county or political subdivision for t he purpose of selling,
666+transferring, trading or otherwise disposing of equipment or
667+materials at a price agreed upon by both governing bodies.
668+Transactions made pursuant to this subs ection shall not be subject
669+to the requirements in subsection C of this s ection.
670+F. Advertisement of surplus property consigned to sell at a
671+Circuit Engineering District auction shall be provided by the
672+auction company under contract to conduct the sale. Advertising
673+shall be provided to attract the most potential buyers. Adv ertising
674+media may include, but not be limite d to, sale flyers, newspapers,
675+radio, television, and Internet postings.
676+G. Pursuant to the authority of Section 1 of this title, boards
677+of county commissioners shall have authority, under such statute and
678+in consideration of the procedures in this sectio n to sell real
679+property belonging to the county without declaring such property
680+surplus under the foll owing conditions:
681+
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707+1. A certified appraisal of the county property shall be
708+performed to determine the market value of the property and accepted
709+by the board of county commissioners;
710+2. After acceptance of the certified appraisal, the board of
711+county commissioners shall, pursuant to the req uirements of this
712+section, give notice of such sale by publication in a n ewspaper of
713+general paid circulation in the c ounty for two successive weekly
714+issues;
715+3. Bids for the real property shall be in writing, sealed and
716+delivered to the county clerk of su ch county;
717+4. At the next regular meeting of the board of county
718+commissioners after the expiration of fifteen (15) d ays from the
719+date of first publication of notice of sale, the board of county
720+commissioners shall open such bids;
721+5. A successful bid mus t be no less than the market value of
722+the real property to be considered by the board of county
723+commissioners for acce ptance. The board of county commissioners
724+reserves the right to reject any and all bids;
725+6. If more than one bid is above the market val ue of the real
726+property, the board of county commissioners shall have the right to
727+compel the potential buyers of the real property who have bid above
728+the market amount to enter into public auction conducted by the
729+chairman of the board of county commissio ners after the opening of
730+such bids, to establish the highest bid for the property in order to
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757+assure that the county is receiving adequate consideration for the
758+property;
759+7. A majority vote of the board of county commi ssioners shall
760+be required to determ ine the successful bidder of the real property.
761+Upon awarding the bid, e ither through sealed bid or by conducting a
762+public auction of those bidders who bid more than the market value
763+of the real property, the board of c ounty commissioners shall have
764+the right to pledge the occupied property, using an irrevocable bond
765+or letter of credit, as provided for in paragraph 10 o f this
766+subsection, as collateral in order to finance bonds to purchase
767+other real property or build a replacement building, or both;
768+8. If the sale price is less than the estimated cost of new
769+land purchase or construction, then said sales contract shall be
770+contingent upon the public approval of bond funding or other
771+authorized funding to allow the comple te payment of the contemplated
772+project;
773+9. The board of county commissioners shall have authority
774+pursuant to paragraphs 5 and 6 of Section 1 of this tit le to make
775+any order concerning the sale of such property contingent upon a
776+closing date in the future in order to continue to use said re al
777+property until a replacement building is completed. Upon completion
778+of the replacement building, the board of coun ty commissioners shall
779+execute all documents and title transfers pertaining to said real
780+property to the successful bidder;
781+
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198807 10. The successful bidder shall execute an irrevocable bond or
199808 letter of credit with a surety company or bank licensed to do
200809 business in the State of Oklahoma and organized under the corporate
201810 laws of the State of Oklahoma and regist ered with the Secretary of
202811 State of Oklahoma equal to the amount of the purchase price of the
203812 real property within fifteen (15) days of awarding of the bi d.
204813 Failure to provide either an irrevocable bond or letter of credit in
205814 favor of the board of county commissioners within said time
206815 limitation shall act as a rejection and cancellation by the board of
207816 the award of bid and said board may, at that point, en ter into a
208817 contract with any secondary or subsequent bidder that meets the
209818 aforementioned qualificatio ns without further notice; and
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211819 11. If there are no bids submitted or all submitted bids are
212820 less than the market value of the real property after the exp iration
213821 of fifteen (15) days from the date of first publication of notice of
214822 sale, the board of county commissioners shall publish the not ice of
215823 sale and accept bids for a second time complying with the
216824 requirements of paragraphs 2 through 4 of this subsec tion. If there
217825 are no bids submitted or all submitted bids are less than the market
218826 value of the real property after the expiration of fi fteen (15) days
219827 from the date of second publication of notice of sale, th e board of
220828 county commissioners shall have th e right to sell real property,
221829 upon majority vote, without any bidding procedure or auction,
830+directly to any person or entity for an amoun t that is not less than
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224-directly to any person or entity for an amount that is not less than
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225857 the highest bid previously submitted through any previous bidding
226858 procedures provided in this subsection.
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228859 H. The board of county commissioners may solicit telephone bids
229860 for the removal of recycl able materials.
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231861 I. The board of cou nty commissioners shall have the authority
232862 to trade in equipment to a ven dor or on statewide contract by
233863 acquiring used equipment values pursuant to subsection B of this
234864 section.
235-
236-SECTION 3. This act shall become effective November 1, 2023.
237-
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239-ENR. S. B. NO. 952 Page 7
240-Passed the Senate the 23rd day of May, 2023.
865+SECTION 6. This act shall become effective November 1, 2023.
866+Passed the Senate the 28th day of February, 2023.
241867
242868
243869
244870 Presiding Officer of the Senate
245871
246872
247-Passed the House of Representatives the 27th day of April, 2023.
873+Passed the House of Represen tatives the ____ day of __________,
874+2023.
248875
249876
250877
251878 Presiding Officer of the House
252879 of Representatives
253880
254-OFFICE OF THE GOVERNOR
255-Received by the Office of the Governor this _______ _____________
256-day of ___________________, 20_______, at _______ o'clock _______ M.
257-By: _______________________________ __
258-Approved by the Governor of the State of Oklahoma this _____ ____
259-day of _________________ __, 20_______, at _______ o'clock _______ M.
260881
261- _________________________________
262- Governor of the State of Oklahoma
263-
264-
265-OFFICE OF THE SECRETARY OF STATE
266-Received by the Office of the Secretary of State this _______ ___
267-day of __________________, 20 _______, at _______ o'clock _______ M.
268-By: ____________________ _____________