ENGROSSED SENATE
BILL NO. 511	By:	Treat of the Senate

			and

		Murphey of the House

[ Native American Cultural and Educational Authority - designating Authority as division of Oklahoma Historical Society - effective date - 		emergency ]

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     53 O.S. 2011, Section 1.3, is amended to read as follows:
Section 1.3.  It shall be the duty of the Oklahoma Historical Society to:
1.  Collect, purchase, catalog, store, preserve, conserve and maintain books, maps, photographs, newspapers, records, reports, manuscripts, charts, paintings, three-dimensional artifacts and other materials germane to the history of Oklahoma, the Indian and the West;
2.  Gather and utilize collected materials to create interpretive exhibits illustrative of the history of Oklahoma, the United States and the world in the Oklahoma Museum of History and at other assigned museums and historic sites;
3.  Prepare and publish materials relative to the history of the State of Oklahoma.  Such materials may be offered for sale to the public at museums and historic sites operated by the Society;
4.  Prepare and publish matters relating to the Society's transactions and research as may be useful to its membership and the public.  Such publications shall include an annual report of its collections;
5.  Develop an oral history program for the State of Oklahoma designed to promote the preservation and utilization of oral history within the state concerning significant elements of the social, political, economic, cultural, educational, ethnic and military history of the geographical area now known as the State of Oklahoma; transcribe, index, catalog and maintain the results of these interviews to make them readily available to the public and historical researchers;
6.  Develop an educational program for the purpose of making available to schools and the public information pertaining to the history of Oklahoma through the utilization of collections and properties held by the Society.  Reasonable charges may be made for the dissemination of any such facts or information; and
7.  Work with the Oklahoma Capitol Complex and Centennial Commemoration Commission to prepare a master report for the Governor and Legislature on promotion, enhancement and preservation of the military history of Oklahoma; and
8.  Operate the Native American Cultural and Educational Authority as a division of the Oklahoma Historical Society and administer the provisions of Section 1226 et seq. of Title 74 of the Oklahoma Statutes.
SECTION 2.     AMENDATORY     74 O.S. 2011, Section 1226, is amended to read as follows:
Section 1226.  In order to promote the history and culture of Native Americans for the mutual benefit of the State of Oklahoma and its Indian and non-Indian citizens, there is hereby created the "Native American Cultural and Educational Authority", which shall be a division of the Oklahoma Historical Society.  The Authority is hereby authorized and empowered to construct, maintain, repair and operate a Native American cultural center, museum and theme park, along with commercial facilities as defined by Section 1226.3 of this title, within the State of Oklahoma as shall be approved by the Authority and to issue revenue bonds of the Authority payable solely from revenues to pay the cost of such projects.  Provided, no state appropriations shall be used to pay costs of financing or constructing commercial facilities, except for commercial elements within and incidental to the Cultural Center.
SECTION 3.     AMENDATORY     74 O.S. 2011, Section 1226.2, is amended to read as follows:
Section 1226.2.  A.  There is hereby created a body corporate and politic to be known as the "Native American Cultural and Educational Authority", and by that name the Authority may sue and be sued, and plead and be impleaded.  The Authority is hereby constituted an agency of the state, and the exercise by the Authority of the powers conferred by Section 1226 et seq. of this title shall be deemed to be essential governmental functions of the state with all the attributes thereof as a division of the Oklahoma Historical Society.  Provided, however, the The Authority is authorized to carry liability insurance to the extent authorized by the Authority, and in addition thereto it shall be subject to the workers' compensation laws of the State of Oklahoma the same as a private employer.  The Department of Commerce shall assist the Authority in fulfilling the responsibilities of Section 1226 et seq. of this title, as requested by the authority.
B.  1.  The Authority shall consist of seven appointed members who are members of a federally recognized American Indian Tribe located within this state, six ex officio members and four appointed members from the business community.  Each appointed member, excluding ex officio members, shall have one vote for purposes of conducting the business of the Authority.  Except for the members appointed pursuant to paragraph 3 4 of this subsection, the appointed members shall be residents of the state, and shall have been qualified electors therein for a period of at least one (1) year preceding their appointment.  Any member of the Authority shall be eligible for reappointment, and no member shall be removed from office except for good cause shown.  Good cause may be shown in evidence of excessive failure to attend three consecutive regular Board meetings of the Authority.  The chair of the Authority shall have the right to remove any member pursuant to good cause.  At the expiration of any term, the person holding such office shall continue to serve until such person's duly appointed successor shall be appointed and qualified.
1. 2.  Seven members appointed to serve shall serve overlapping terms and shall be chosen as follows:  three members shall be appointed by the Governor; two members shall be appointed by the President Pro Tempore of the Senate; and two members shall be appointed by the Speaker of the House of Representatives appointed by the Oklahoma Historical Society.  Each of these members shall be a member of a federally recognized American Indian tribe located within this state.  Such tribal membership shall be determined by the respective tribes.  Appointments shall be made from names provided by tribal governments, councils or other recognized tribal entities.  Appointments shall be restricted to not more than one representative of any tribe.  Such appointed members initially appointed shall continue in office for terms of from three (3) to seven (7) years, respectively, from the date of their appointment, with the term of each initially appointed member to be designated by the Governor at the time of the appointment, with one member to be appointed to a three-year term, two members to be appointed to a four-year term, one member to be appointed to a five-year term, one member to be appointed to a six-year term, and two members to be appointed to a seven-year term.  Any person appointed to fill a vacancy shall serve only for the unexpired term.  Upon the expiration of a term, on or after July 1, 2000, any succeeding term shall be for four (4) years.
2. 3.  The six ex officio members shall be as follows:  the Oklahoma Native American Liaison, or the designee of the same; the Lieutenant Governor, or the designee of same; the Director of the Oklahoma Historical Society, or the designee of same; the Secretary of Commerce, or the designee of same; the Executive Director of the Oklahoma Arts Council, or the designee of same; and the Executive Director of the Oklahoma Tourism and Recreation Department, or the designee of the same.
3. 4.  The four appointed members from the business community shall be chosen as follows:  two members shall be appointed by the Governor; one member shall be appointed by the Speaker of the House of Representatives; and one member shall be appointed by the President Pro Tempore of the Senate appointed by the Oklahoma Historical Society.  Each member shall have at least fifteen (15) years of experience in business, banking, finance or corporate law, and shall have demonstrated outstanding ability in business or industry.  However, in lieu of appointing a member with such experience, one of the two members appointed by the Governor may be a person who has exhibited at least three (3) years of outstanding leadership and involvement in recognized Native American organizations and activities.  Upon the expiration of a term, on or after July 1, 2000, any succeeding term shall be for four (4) years.  Any person appointed to fill a vacancy shall serve only for the unexpired term.
C.  The Authority shall elect one of its members as chairperson, and another as vice-chairperson, and also shall elect a secretary, treasurer and such other officers as the Authority may deem appropriate.  A majority of the members of the Authority (exclusive of vacancies) shall constitute a quorum and the vote of a majority of the members (exclusive of vacancies) shall be necessary for any action taken by the Authority.  No vacancy in the membership of the Authority shall impair the right of a quorum to exercise all the rights and perform all the duties of the Authority.
D.  Before the issuance of any revenue bonds under the provisions of Section 1226 et seq. of this title, each member of the Authority shall execute a surety bond in the penal sum of Twenty-five Thousand Dollars ($25,000.00) and the secretary and treasurer shall execute a surety bond in the penal sum of One Hundred Thousand Dollars ($100,000.00), each such surety bond to be conditioned upon the faithful performance of the duties of his or her office, to be executed by a surety company authorized to transact business in the State of Oklahoma as surety, and to be filed in the office of the Secretary of State.
E.  The members of the Authority shall not be entitled to compensation for their services, but each member shall be reimbursed for actual expenses necessarily incurred in the performance of duties on behalf of the Authority, provided that members of the Authority shall be compensated for their travel expenses pursuant to the State Travel Reimbursement Act.  All expenses incurred in carrying out the provisions of Section 1226 et seq. of this title shall be payable solely from funds provided under the authority of Section 1226 et seq. of this title and no liability or obligation shall be incurred by the Authority hereunder beyond the extent to which monies shall have been provided under the authority of Section 1226 et seq. of this title.
F.  The Authority is authorized to establish subcommittees as necessary to perform its functions and duties.  A subcommittee may be composed of Authority members and/or nonmembers and shall not have more than five (5) members.  Nonmembers of a subcommittee shall be reimbursed by the Authority in accordance with the State Travel Reimbursement Act.
G.  Members of the Authority shall be exempt from the provisions of Section 6 of Title 51 of the Oklahoma Statutes, which prohibits the holding of any other office during the member's term of office on the Authority.
H.  The Directors and staff of the Authority employed to perform the duties of Sections 1226 et seq. of this title shall be considered employees of the Authority Oklahoma Historical Society.  The employees of the Authority shall be entitled to be reimbursed for actual and necessary expenses incurred in the performance of duties on behalf of the Authority.  Such compensation for travel expenses shall be paid pursuant to the State Travel Reimbursement Act.
I.  Notwithstanding the provisions of Section 1226 et seq. of this title, any action taken by the Authority pursuant to the provisions of Section 1226 et seq. of this title shall be approved by the Oklahoma Historical Society prior to implementing such action.
SECTION 4.     AMENDATORY     74 O.S. 2011, Section 1226.17, as amended by Section 935, Chapter 304, O.S.L. 2012 (74 O.S. Supp. 2012, Section 1226.17), is amended to read as follows:
Section 1226.17.  There is hereby created in the State Treasury a revolving fund for the Oklahoma Department of Commerce Oklahoma Historical Society to be designated the "Native American Cultural and Educational Authority Fund."  The fund shall be a continuing fund, not subject to fiscal year limitations.  The fund shall consist of all monies authorized by law for deposit in such fund including but not limited to appropriations, gifts, grants, private donations, fee revenues and funds by governmental or tribal government entities.  Monies deposited or apportioned to the credit of the fund may be expended for the purposes authorized by law.  All monies accruing to the credit of said fund are hereby appropriated and may be budgeted and expended by the Oklahoma Department of Commerce Oklahoma Historical Society.  Expenditures from said the fund shall be made upon warrants issued by the State Treasurer against claims submitted to the Director of the Office of Management and Enterprise Services.
SECTION 5.  This act shall become effective July 1, 2013.
SECTION 6.  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 12th day of March, 2013.

	
	Presiding Officer of the Senate

Passed the House of Representatives the ____ day of __________, 2013.

	
	Presiding Officer of the House
	of Representatives