ENGROSSED SENATE
BILL NO. 340 	By:	Myers of the Senate

			and

		Liebmann of the House

[ public buildings and public works -  modifying definition - deleting reimbursement – repealer - 		emergency ]

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     61 O.S. 2001, Section 61, as last amended by Section 6, Chapter 271, O.S.L. 2006 (61 O.S. Supp. 2008, Section 61), is amended to read as follows:
Section 61.  As used in Sections 61 through 65 of this title:
1.  “Administrator” means the State Construction Administrator of the Construction and Properties Division of the Department of Central Services;
2.  “Chief administrative officer” means an individual responsible for directing the administration of a state agency.  The term does not mean one or all of the individuals that make policy for a state agency;
3.  “Construction manager” means an individual, firm, corporation, association, partnership, copartnership, or any other legal entity possessing the qualifications to provide services of construction management which include, but are not necessarily limited to, design review, scheduling, cost control, value engineering, constructability evaluation, preparation and coordination of bid packages, and construction administration;
4.  “Department” means the Department of Central Services;
5.  “Consultant” means an individual or legal entity possessing the qualifications to provide licensed architectural, registered engineering, or registered land surveying services or other individuals or legal entities possessing specialized credentials and qualifications as may be needed to plan provide evaluation, planning or design services for any public building, construction project, maintenance project, or a public work improvement project;
6.  “Director” means the Director of the Department of Central Services;
7.  “Division” means the Construction and Properties Division of the Department of Central Services;
8.  “Project” means plans or designs for a public work improvement, except the transportation facilities under the jurisdiction of the Department of Transportation or the Oklahoma Transportation Authority:
a.	to construct, renovate, alter, repair, maintain, or improve real property or fixtures of real property, and
b.	that does not constitute "construction" as defined by the Public Building Construction and Planning Act; and
9.  “State agency” means an agency, office, officer, bureau, board, counsel, court, commission, institution, unit, division, body or house of the executive or judicial branches of state government, whether elected or appointed, excluding only political subdivisions of the state.
SECTION 2.     AMENDATORY     61 O.S. 2001, Section 62.2, as last amended by Section 9, Chapter 271, O.S.L. 2006 (61 O.S. Supp. 2008, Section 62.2), is amended to read as follows:
Section 62.2  The Construction and Properties Division of the Department of Central Services may enter into contracts with construction managers and consultants registered with the Construction and Properties Division for the purpose of providing minor services to a state agencies requisitioning agency.  The contracts shall provide for services on an as-needed basis and shall not exceed One Hundred Thousand Dollars ($100,000.00) per construction manager or consultant during one (1) year.  The requisitioning state agency shall reimburse the Division for the fee of the construction manager or consultant that provides the services.
SECTION 3.     REPEALER     61 O.S. 2001, Sections 151, 152, 153, 154, 155, 156, and 157, are hereby repealed.
SECTION 4.  It being immediately necessary for the preservation of the public peace, health and 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.
Passed the Senate the 5th day of March, 2009.

	
Presiding Officer 	of the Senate

Passed the House of Representatives the ____ day of __________, 2009.

	
Presiding Officer	of the House
	of Representatives