Bill Text For SB0095 - House Floor Version

 1|              HOUSE OF REPRESENTATIVES - FLOOR VERSION                 |
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 2|                          STATE OF OKLAHOMA                            |
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 3|             1st Session of the 57th Legislature (2019)                |
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 4|ENGROSSED SENATE                                                       |
  |BILL NO. 95                          By: Simpson of the Senate         |
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  |                                         Townley of the House          |
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10|       An Act relating to the Commission for Rehabilitation            |
  |       Services; amending 74 O.S. 2011, Section 166.5, as              |
11|       amended by Section 838, Chapter 304, O.S.L. 2012 (74            |
  |       O.S. Supp. 2018, Section 166.5), which relates to               |
12|       powers and duties of the Commission for                         |
  |       Rehabilitation Services; allowing the Commission to             |
13|       accept certain gifts for certain benefit; providing             |
  |       for use of gifts; providing for use of conditional              |
14|       gifts; updating statutory references; and providing             |
  |       an effective date.                                              |
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17|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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18|    SECTION 1.     AMENDATORY     74 O.S. 2011, Section 166.5, as      |
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19|amended by Section 838, Chapter 304, O.S.L. 2012 (74 O.S. Supp.        |
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20|2018, Section 166.5), is amended to read as follows:                   |
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21|    Section 166.5.  A.  The Commission for Rehabilitation Services     |
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22|shall have the powers and duties to:                                   |
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23|    1.  Adopt bylaws and promulgate rules for the regulation of its    |
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24|affairs and the conduct of its business;                               |
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arsid9454381 SB95 HFLR                                             Page 1
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 1|    2.  Formulate policies and adopt rules for the effective           |
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 2|administration of the duties of the State Department of                |
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 3|Rehabilitation Services;                                               |
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 4|    3.  Adopt an official seal;                                        |
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 5|    4.  Establish an office;                                           |
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 6|    5.  Sue and to be sued, subject to the provisions of The           |
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 7|Governmental Tort Claims Act;                                          |
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 8|    6.  Make and enter into all contracts necessary or incidental to   |
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 9|the performance of its duties and the execution of its powers;         |
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10|    7.  Purchase or lease equipment, furniture, materials and          |
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11|supplies, and incur such other expenses as may be necessary to         |
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12|maintain and operate the Commission and the State Department of        |
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13|Rehabilitation Services, or to discharge its duties and                |
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14|responsibilities or to make any of its powers effective;               |
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15|    8.  Acquire by purchase, lease, gift, solicitation of gift or by   |
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16|any other manner, and to maintain, use and operate or to contract      |
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17|for the maintenance, use and operation of or lease of any and all      |
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18|property of any kind, real, personal or mixed or any interest          |
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19|therein unless otherwise provided by this act Section 166.1 et seq.    |
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20|of this title; provided that, all contracts for real property shall    |
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21|be subject to the provisions of Section 63 of this title;              |
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22|    9.  Appoint such officers, agents and employees as it deems        |
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23|necessary to operate and maintain the Commission and to prescribe      |
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24|their duties and to fix their compensation;                            |
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arsid9454381 SB95 HFLR                                             Page 2
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 1|    10.  Perform such other acts as shall be necessary for the         |
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 2|accomplishment of the purposes of Chapter 5A Section 166.1 et seq.     |
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 3|of this title; and                                                     |
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 4|    11.  Serve as trustee for the trust created in subsection B of     |
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 5|this section for the benefit of the Oklahoma School for the Blind      |
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 6|and the Oklahoma School for the Deaf.                                  |
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 7|    B.  1.  The Commission for Rehabilitation Services is hereby       |
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 8|authorized and directed to create a trust into which all real          |
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 9|property held by the Commission for the benefit of the Oklahoma        |
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10|School for the Blind and the Oklahoma School for the Deaf shall be     |
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11|transferred.                                                           |
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12|    2.  The property placed in trust:                                  |
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13|         a.   shall be held for the sole benefit of the Oklahoma       |
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14|              School for the Blind and the Oklahoma School for the     |
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15|              Deaf,                                                    |
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16|         b.   if not needed for use by the schools, may be leased or   |
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17|              rented to others and all income received from such       |
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18|              leases or rentals shall be payable to the Commission     |
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19|              and deposited in the Rehabilitation Services             |
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20|              Disbursing Fund for use by the Commission to fulfill     |
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21|              the purposes of the Oklahoma School for the Blind and    |
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22|              the Oklahoma School for the Deaf, and                    |
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23|         c.   may be sold if the commissioners, acting as trustees,    |
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24|              determine that the sale is in the best interest of the   |
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arsid9454381 SB95 HFLR                                             Page 3
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 1|              Oklahoma School for the Blind or the Oklahoma School     |
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 2|              for the Deaf.  The proceeds from the sale of the         |
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 3|              property shall be held in the trust corpus and shall     |
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 4|              be invested by the State Treasurer.  Income derived      |
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 5|              from the corpus shall be used by the Commission for      |
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 6|              the purposes of the Oklahoma School for the Blind and    |
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 7|              the Oklahoma School for the Deaf.                        |
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 8|    3.  The corpus of the trust may be disbursed only upon             |
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 9|legislative approval.                                                  |
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10|    4.  The trust may be dissolved only upon legislative approval.     |
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11|    C.  Upon the creation of the trust authorized in subsection B of   |
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12|this section, the Office of Management and Enterprise Services shall   |
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13|provide all necessary assistance to the Department of Rehabilitation   |
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14|Services to identify and transfer all real property held by or for     |
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15|the benefit of the Oklahoma School for the Blind and the Oklahoma      |
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16|School for the Deaf to the trust.                                      |
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17|    D.  1.  The Commission for Rehabilitation Services may accept      |
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18|and receive any and all gifts, donations, devices, bequests, grants    |
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19|or contracts of any kind for money or property, either real or         |
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20|personal, for the benefit of the Oklahoma School for the Blind and     |
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21|the Oklahoma School for the Deaf.                                      |
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22|    2.  The Commission is directed, authorized and empowered to hold   |
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23|such funds or property outright or in trust, invest or sell the        |
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24|property and use the principal or interest or proceeds of sale for     |
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arsid9454381 SB95 HFLR                                             Page 4
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 1|the benefit of the Oklahoma School for the Blind and the Oklahoma      |
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 2|School for the Deaf.                                                   |
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 3|    3.  The Commission shall utilize its best efforts to comply with   |
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 4|the terms of any conditional gift, devise or bequest in fulfillment    |
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 5|of the donor's stipulations and provisions of applicable laws.  Any    |
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 6|real or personal property donated with conditions which are at any     |
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 7|time determined to be infeasible to meet or continue may be returned   |
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 8|to the donor, or if the donor is no longer living, if a natural        |
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 9|person, or no longer a legally organized entity, for organizations,    |
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10|then the property may be sold and the proceeds of the sale deposited   |
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11|in the Commission's general fund or the property may be further        |
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12|donated in kind.                                                       |
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13|    SECTION 2.  This act shall become effective November 1, 2019.      |
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15|COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS AND BUDGET, dated     |
  |04/11/2019 - DO PASS.                                                  |
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arsid9454381 SB95 HFLR                                             Page 5
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