School Laws of Oklahoma
Chapter 9 - Facilities and Equipment
Article I: Facilities
Section 920. Municipal Corporation Oil and Gas Leases. (64 O.S. § 405)
Any county, township, school district, city or town that now owns or may hereafter acquire any land under control of the board of county commissioners, board of town trustees, directors of school districts, boards of education or the governing body of any city acting by and through its duly-constituted officers is hereby authorized and empowered to enter, from time to time, into valid oil and gas mining lease or leases of such land to any person, firm, association, or corporation for oil and gas development for a primary term not to exceed ten (10) years and as long thereafter as oil or gas is or can be produced, and any such oil and gas lease may provide that the lessee therein shall have the right and power to consolidate the land covered by said lease with other adjoining land for the purpose of joint development and operation of the entire consolidated premises as a unit, in which event, the lessor in such lease shall share in the royalty on oil and gas produced from said consolidated tract in the proportion that the area of the land covered by such lease bears to the total area of said consolidated tract, or for the purpose of constructing permanent improvements thereon for a term not to exceed ten (10) years. This law does not apply to agricultural purposes.
Section 921. Notice - Bids. (64 O.S. § 406)
The leases mentioned in the preceding section shall be executed only after notice by publication for two (2) weeks in a newspaper of general circulation in the county in which the land is situated and a public sale thereof to the highest and best bidder: Provided, that all leases heretofore executed by the board of county commissioners, board of town trustees, directors of school districts or boards of education covering lands under their control are hereby validated.
Section 922. Insurance of Buildings. (19 O.S. § 627)
The governing board of any county, city, town, or school district, dependent or independent, is hereby authorized to insure or cause to be insured, at the cost of such municipality, any or all of the public buildings and property or other tangible and insurable assets owned or held by such municipality, in the name of the lawful treasurer of such municipality. In event of destruction or damage to such buildings or property, or loss of other tangible and insurable assets, so insured, such treasurer shall demand and receive the monies due on account of such insurance, and when so received, he shall deposit the same as other monies belonging to such municipality and he shall credit the same to a special account on his records and it shall be used solely to rebuild, repair, or replace the property or assets so lost, damaged, or destroyed, and shall be disbursed in payment of lawful warrants drawn by such governing board for such purpose, the same as other public funds are disbursed. If not so needed, upon resolution to that effect by the governing board, the same shall be considered income from sources other than ad valorem tax and credited to the general fund of such municipality.
Proceeds of insurance policy covering destruction of annexed district’s building used as community center belong to annexing district for use as a community center exclusively. AG Op. February 12, 1964
Accident or injury insurance on athletes can be purchased with funds in Activity Account. AG Op. September 11, 1963
Insurance may be purchased from agent who is uncle of board member’s wife. AG Op. August 16, 1957
Not mandatory for school boards to carry insurance on school district property. AG Op. June 6, 1941
Insurance company liable on policy issued to school district even though premium not paid thereon because of insufficient appropriation. Columbia Ins. Co. v. Board of Education of Joint School District No. 1, 91 P.2d 736 (Okla. 1939)
Premium on insurance purchased during a prior fiscal year cannot be paid out of an appropriation for the current year. AG Op. September 7, 1938
School district may contract for land purchase three-year insurance policy out of funds of one fiscal year. AG Op. July 10, 1930
Section 923. Gifts of Real Estate from Municipalities. (11 O.S. § 22-125)
The municipal governing body may make gifts of any real estate belonging to the municipality to any institution in The Oklahoma State System of Higher Education or to any school district, which is located in the municipality. The municipal governing body may purchase or otherwise acquire real estate for this purpose, execute any instruments necessary for the transfer of real estate, and may give buildings or monies for the construction of buildings to institutions in the state system of higher education or any school district in this state. The governing boards of such institutions or school districts are hereby authorized to accept these gifts.
Section 923.1. Improvement of Facilities by Municipalities. (11 O.S. § 22-159)
Municipalities may support any public school system located in whole or in part within the corporate limits of the municipality or any public school system located outside and completely surrounded by the corporate limits of the municipality, including without limitation by the expenditure of municipal revenues for construction or improvement of public school facilities. In furtherance of municipal support for any public school system, as authorized by this section, the municipal governing body may take all actions necessary to effectuate such support.
A municipal sales tax ordinance which provides that tax proceeds shall be distributed to two public school districts with school buildings or other facilities within city limits, but omits to provide for a third district that has no school buildings or other facilities within city limits, is presumptively constitutional. January 28, 2005 (AG Op. No. 05-2)
Money raised by a municipality for the benefit of local schools may lawfully be expended for general revenue items of day-to-day school operations, including teacher salaries. However, any municipal ordinance levying a sales tax for a special purpose must specify the purpose for which the tax will be used. February 13, 2003 (AG Op. No. 03-6).
Statute is constitutional. Levy of sales tax to benefit school district is valid public purpose. Grimes v. City of Oklahoma City, 2002 OK 47
If passed by the voters, an apportionment of tax proceeds through a trust fund which benefits all school districts located either in whole or in part within the city limits does not violate either state or federal Equal Protection clauses. October 1, 2001 (AG Op. No. 01-40)
Statutes which allow municipalities to support local school systems located in whole or in part within the corporate limits of the municipality are a valid exercise of legislative authority and do not violate the Oklahoma Constitution. December 6, 2000 (AG Op. No. 00-59)
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Section 923.2. Master Lease Program – Higher Education. (70 O.S. § 3206.6)
The Oklahoma State Regents for Higher Education may establish a master lease program to finance the acquisition of items of personal property, or refinance or restructure outstanding equipment lease obligations as may be required by or useful to institutions and entities within The Oklahoma State System of Higher Education in order to achieve costsaving efficiencies. The funds used by the Regents for the purposes authorized by this section shall be available for lease transactions having a minimum value of Fifty Thousand Dollars ($50,000.00) and a maximum value of Ten Million Dollars ($10,000,000.00). Such leases shall have a term that is no more than the useful life of the personal property acquired by institutions pursuant to the provisions of this section, and, in no event, more than twenty (20) years. The amount of transactions financed in a calendar year through the personal property master lease program shall not exceed Fifty Million Dollars ($50,000,000.00).
Section 924. Use of Public Money or Property for Religious Purposes Prohibited. (Article 2, § 5, Oklahoma Constitution)
No public money or property shall ever be appropriated, applied, donated, or used, directly or indirectly, for the use, benefit, or support of any sect, church, denomination, or system of religion, or for the use, benefit, or support of any priest, preacher, minister, or other religious teacher or dignitary, or sectarian institution as such.
State Board of Vocational and Technical Education cannot contract with private sectarian educational institution for such institution to offer a vocational training program. January 28, 1981 (AG Op. No. 80-196)
School District property may be rented on occasional basis to religious organizations for religious services if fair and reasonable charge is made to cover cost of use of property. April 8, 1975 (AG Op. No. 75-157)
School district lunch program may include preparation of food for parochial school in District’s kitchen, but cost must be apportioned on pro rata basis. AG Op. July 1, 1971
Special personnel and instructors and books and equipment paid for or purchased with public funds cannot be furnished students in private or parochial schools unless such students are enrolled in the public schools. AG Op. September 16, 1965
Transportation in a school district program approved under Title 1 of the Elementary and Secondary Education Act of 1965 cannot be used by pupils enrolled in private or parochial schools. AG Op. September 16, 1965
School personnel cannot be paid with public funds and furnished to parochial schools. AG Op. September 16, 1965
Use of public school buses for transporting parochial school pupils was forbidden under Constitution which prohibits use of pubic money or property for sectarian purposes. Transportation could not be justified on theory of public welfare. Board of Education for ISD No. 52 v. Antone, 384 P.2d 911 (Okla. 1963)
Churches cannot be permitted to conduct prayer meetings and religious instruction in public school buildings during school day. AG Op. April 10, 1959
Section 924.1. Oklahoma Religious Freedom Act. (51 O.S. § 251)
This act may be cited as the “Oklahoma Religious Freedom Act”.
Section 924.2. Definitions. (51 O.S. § 252)
In this act:
1. “Demonstrates” means the burdens of going forward with the evidence and of persuasion under the standard of clear and convincing evidence are met;
2. “Exercise of religion” means the exercise of religion under Article 1, Section 2, of the Constitution of the State of Oklahoma, the Oklahoma Religious Freedom Act, and the First Amendment to the Constitution of the United States;
3. “Fraudulent claim” means a claim that is dishonest in fact or that is made principally for a patently improper purpose, such as to harass the opposing party;
4. “Frivolous claim” means a claim which lacks merit under existing law and which cannot be supported by a good faith argument for the extension, modification, or reversal of existing law or the establishment of new law;
5. “Governmental entity” means any branch, department, agency, or instrumentality of state government, or any official or other person acting under color of state law, or any political subdivision of this state;
6. “Prevails” means to obtain prevailing party status as defined by courts construing the federal Civil Rights Attorney’s Fees Awards Act of 1976, 42 U.S.C. § 1988; and
7. “Substantially burden” means to inhibit or curtail religiously motivated practice.
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Section 924.3. Free Exercise of Religion. (51 O.S. § 253)
A. Except as provided in subsection B of this section, no governmental entity shall substantially burden a person’s free exercise of religion even if the burden results from a rule of general applicability.
B. No governmental entity shall substantially burden a person’s free exercise of religion unless it demonstrates that application of the burden to the person is:
1. Essential to further a compelling governmental interest; and
2. The least restrictive means of furthering that compelling governmental interest.
School district did not coerce or compel speech in violation of First Amendment, or substantially burden public high school student's religious practice in violation of Free Exercise Clause by requiring student, as condition of receiving her diploma, to publicly apologize for making valedictory speech at graduation discussing her religious views without principal's prior approval. Student's required apology was school-sponsored speech, since it was directly related to her valedictory speech, which was also school-sponsored, and district's requirement that student apologize was reasonably related to its pedagogical concerns. Student was merely obligated to follow same rules as other speakers to have their speeches pre-screened and to realize consequences of her actions. Corder v. Lewis Palmer School Dist. No. 38, --- F.3d ----, 2009 WL 1492547, C.A.10 (Colo.), 2009.
Section 924.4. Regulation by Correctional Facility. (51 O.S. § 254)
A state or local correctional facility’s regulation must be considered in furtherance of a compelling state interest if the facility demonstrates that the religious activity:
1. Sought to be engaged by a prisoner is presumptively dangerous to the health or safety of that prisoner; or
2. Poses a direct threat to the health, safety, or security of other prisoners, correctional staff, or the public.
Section 924.5. Interpretation of Act. (51 O.S. § 255)
A. Nothing in this act shall be construed to:
1. Authorize any government entity to substantially burden any religious belief;
2. Authorize same sex marriages, unions, or the equivalent thereof; or
3. Affect, interpret, or in any way address those portions of Article 1, Section 2, and Article 2, Section 5, of the Constitution of the State of Oklahoma, the Oklahoma Religious Freedom Act, or the First Amendment to the Constitution of the United States that prohibit laws respecting the establishment of religion.
B. Granting governmental funds, benefits, or exemptions to the extent permissible under paragraph 3 of subsection A of this section shall not constitute a violation of this section. As used in this subsection, “granting government funds, benefits, or exemptions” shall not include the denial of government funding, benefits, or exemptions. This provision does not in and of itself require vouchers.
Section 924.6. Violation of Act. (51 O.S. § 256)
A. Any person whose exercise of religion has been substantially burdened by a governmental entity in violation of this section may assert that violation as a claim or defense in any judicial or administrative proceeding and may obtain declaratory relief or monetary damages.
B. Any person who prevails in any proceeding to enforce this act against a governmental entity may recover reasonable costs and attorney fees.
Section 924.7. Frivolous or Fraudulent Claims. (51 O.S. § 257)
Any person found by a court of competent jurisdiction to have abused the protection of this act by filing a frivolous or fraudulent claim may be assessed the court costs of the governmental entity and may be enjoined from filing further claims under this act without leave of court.
Section 924.8. Nondiscriminatory Land Use Regulations. (51 O.S. § 258)
Notwithstanding any provision of this act, a governmental entity has no less authority to adopt or apply laws and regulations in a nondiscriminatory manner concerning zoning, land use planning, traffic management, urban nuisance, or historic preservation, than the authority of the governmental entity that existed under the law prior to the passage of this act. This section does not affect the authority of a governmental entity to adopt or apply laws and regulations as that authority has been interpreted by any court.
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Section 925. Eminent Domain. (27 O.S. § 5)
Any county, city, town, township, school district, or board of education, or any board or official having charge of cemeteries created and existing under the laws of this State, shall have power to condemn lands in like manner as railroad companies, for highways, rights-of-way, building sites, cemeteries, public parks and other public purposes.
Section 926. School to Display Flag. (25 O.S. § 153)
It shall be the duty of the district boards or boards of education of every public school, or proprietor of a private or parochial school in this State, to provide a suitable flag of the United States of America with staff or flagpole for every schoolhouse, and cause the flag to be displayed during every school day either from a flagstaff or pole, and in inclement weather, within the school building.
Section 926.1. State Flags to be Made in the USA. (72 O.S. § 63.11a)
* * * *
C. All United States flags and all Oklahoma flags purchased by the state or political subdivisions shall be manufactured in the United States.
Section 927. Display of Oklahoma Flag on School Premises Compulsory. (25 O.S. § 91.2)
It shall be the duty of the district boards or boards of education of every public school in this State, to cause the flag of the State of Oklahoma to be displayed during every school day from a flagstaff or pole, except that the flag need not be displayed in inclement weather.
Section 927.1. Display of State Flag. (25 O.S. § 91a)
It shall be the duty of all state agencies and boards of education of this state to display the state flag with the standard design and colors as specified in Section 91 of Title 25 of the Oklahoma Statutes.
Section 927.2. Design of State Flag. (25 O.S. § 91)
A. The banner, or flag, of the design prescribed by Senate Concurrent Resolution No. 25, Third Legislature of the State of Oklahoma shall be, and it hereby is superseded and replaced by the following design, to wit:
A sky blue field with a circular rawhide shield of an American Indian Warrior, decorated with six painted crosses on the face thereof, the lower half of the shield to be fringed with seven pendant eagle feathers and superimposed upon the face of the shield a calumet or peace pipe, crossed at right angles by an olive branch, as illustrated by the design accompanying this resolution, and underneath said shield or design in white letters shall be placed the word “Oklahoma”, and the same is hereby adopted as the official flag and banner of the State of Oklahoma.
B. The standard design and colors in the state flag shall be as follows:
1. The Osage Indian warrior’s circular rawhide shield of amber buckskin is center upon a field of French Blue. On the face of the shield shall be six small gold brown crosses that match the thongs lacing the edge of the shield. The vertical bar of each cross shall be twenty-five percent (25%) longer than the horizontal bar, the lower width line of which shall be placed at the fifty percent (50%) mark of the vertical bar and the top width line shall be placed at the top twenty-five percent (25%) mark of the vertical bar. The width of the horizontal bar shall be seventy-five percent (75%) of the vertical bar;
2. The edge of the lower half of the shield shall be fringed with seven pendant eagle feathers of white tipped with gold brown;
3. Across the face of the shield at right angle shall be a calumet or Indian pipe of peace, which shall have a ruby red bowl, flesh stem and be decorated with a ruby red tassel at the end. Above the calumet, lying at a right angle shall be an olive branch of Dartmouth green; and
4. The name Oklahoma in white letters shall appear under the shield on the face of the flag.
C. The standard colors used in production of the state flag shall be:
1. Pantone Matching system, Pantone, Inc., latest edition:
a. field: French Blue PMS 285c,
b. shield: amber PMS 465c,
c. feathers shading: flesh and gold brown combination PMS 486c and PMS 174c,
d. crosses and thongs: gold brown PMS 174c, and
e. calumet: stem of pipe flesh PMS 486c, body of pipe and tassel ruby red PMS 195c, and olive branch Dartmouth green PMS 554c; and
2. Colors shall be colorfast and shall not bleed one into another.
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Section 928. Lotteries and Raffles. (21 O.S. § 1051)
A. A lottery is any scheme for the disposal or distribution of property by chance among persons who have paid, or promised, or agreed to pay any valuable consideration for the chance of obtaining such property, or a portion of it, or for any share of or interest in such property, upon any agreement, understanding or expectation that it is to be distributed or disposed of by a lot or chance, whether called a lottery, a raffle, or a gift enterprise, or by whatever name the same may be known. “Valuable consideration” shall be construed to mean money or goods of actual pecuniary value. Provided, it shall not be a violation of the lottery or gambling laws of this state for:
1. The Oklahoma Lottery Commission to conduct a lottery pursuant to the provisions of the Oklahoma Education Lottery Act;
2. A bona fide resident merchant or merchants of a city or town, acting in conjunction with the Chamber of Commerce or Commercial Club of this state thereof, to issue free of charge numbered tickets on sales of merchandise, the corresponding stub of one or more of which tickets to be drawn or chosen by lot by a representative or representatives of the Chamber of Commerce or of the Commercial Club in the manner set forth on the tickets, the numbered stub or stubs so drawn to entitle the holder of the corresponding numbered issued ticket to a valuable prize donated by the merchant;
3. A bona fide community chest welfare fund on a military post or reservation to issue numbered tickets in conjunction with voluntary contributions to the fund, the corresponding stub or stubs of one or more of the tickets to be drawn by lot under the supervision of a military commander, the stub or stubs so drawn entitling the ticket holder to a prize of some value. Provided, however, that no person shall sell tickets or receive contributions to the fund off the military reservation; or
4.
a. A qualified organization to raise funds by issuing numbered tickets in conjunction with voluntary contributions to the qualified organization, the corresponding stub or stubs of one or more of the tickets to be drawn by lot under the supervision of an official of the qualified organization, the stub or stubs so drawn entitling the ticket holder to a prize. As used in this paragraph, “qualified organization” means:
(1) a church,
(2) a public or private school accredited by the State Department of Education or registered by the State Board of Education for purposes of participating in federal programs,
(3) a student group or organization affiliated with a public or private school qualified pursuant to division (2) of this subparagraph,
(4) a parent-teacher association or organization affiliated with a public or private school qualified pursuant to division (2) of this subparagraph,
(5) fire departments,
(6) police departments,
(7) organizations that are exempt from taxation pursuant to the provisions of subsection (c) of Section 501 of the United States Internal Revenue Code, as amended, 26 U.S.C., Section 501(c) et seq., or
(8) an “organization” as such term is defined in paragraph 20 of Section 402 of Title 3A of the Oklahoma Statutes.
b. Any raffle conducted by a qualified organization shall be conducted by members of the qualified organization without compensation to any member. The organization shall not hire or contract with any person or business association, corporation, partnership, limited partnership or limited liability company to conduct a raffle, to sell raffle tickets or to solicit contributions in connection with a raffle on behalf of the organization.
B. If the Oklahoma Education Lottery Act ceases to have the force and effect of law pursuant to Section 36 of the Oklahoma Education Lottery Act, the provisions of paragraph 3 of subsection A of this section shall cease to have the force and effect of law.
Note: This act shall become effective only if Enrolled House Bill No. 1278 of the 1st Session of the 49th Oklahoma Legislature is approved by the people of this state.
Section 928.1. Oklahoma Education Lottery Act. (3A O.S. § 713)
A. All gross proceeds shall be the property of the Oklahoma Lottery Commission. From its gross proceeds, the Commission shall pay the operating expenses of the Commission. At least forty-five percent (45%) of gross proceeds shall be made available as prize money. However, the provisions of this subsection shall be deemed not to create any lien, entitlement, cause of action, or other private right, and any rights of holders of tickets or shares shall be determined by the Commission in setting the terms of its lottery or lotteries. For each fiscal year, net proceeds shall equal at least thirty-five percent (35%) of the gross proceeds. However, for the purpose of repaying indebtedness issued pursuant to Section 732 of this title, for the first two (2) full fiscal years and any partial first fiscal year of the Commission, net proceeds need only equal at least thirty percent (30%) of the gross proceeds. All of the net proceeds shall be transferred to the Oklahoma Education Lottery Trust Fund as provided in subsection B of this section.
B. There is hereby created in the State Treasury a fund to be designated the “Oklahoma Education Lottery Trust Fund”. Except as otherwise provided in subsections H and I of this section, on or before the fifteenth day of each calendar quarter, the Commission shall transfer to the State Treasurer, for credit to the Oklahoma Education Lottery Trust Fund, the amount of all net proceeds accruing during the preceding calendar quarter. Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of State Finance for approval and payment.
Upon their deposit into the State Treasury, any monies representing a deposit of net proceeds shall then become the unencumbered property of this state, and neither the Commission nor the board of trustees shall have the power to agree or undertake otherwise. The monies shall be invested by the State Treasurer in accordance with state investment practices. All earnings attributable to such investments shall likewise be the unencumbered property of the state and shall accrue to the credit of the fund.
C. Monies in the Oklahoma Education Lottery Trust Fund shall only be appropriated as follows:
1. Forty-five percent (45%) for the following:
a. kindergarten through twelfth grade public education, including but not limited to compensation and benefits for public school teachers and support employees, and
b. early childhood development programs, which shall include but not be limited to costs associated with prekindergarten and full-day kindergarten programs;
2. Forty-five percent (45%) for the following:
a. tuition grants, loans and scholarships to citizens of this state to enable such citizens to attend colleges and universities located within this state, regardless of whether such colleges and universities are owned or operated by the Oklahoma State Regents for Higher Education, or to attend institutions operated under the authority of the Oklahoma Department of Career and Technology Education; provided such tuition grants, loans and scholarships shall not be made to a citizen of this state to attend a college or university which is not accredited by the Oklahoma State Regents for Higher Education,
b. construction of educational facilities for elementary school districts, independent school districts, the Oklahoma State System of Higher Education, and career and technology education,
c. capital outlay projects for elementary school districts, independent school districts, the Oklahoma State System of Higher Education, and career and technology education,
d. technology for public elementary school district, independent school district, state higher education, and career and technology education facilities, which shall include but not be limited to costs of providing to teachers at accredited public institutions who teach levels kindergarten through twelfth grade, personnel at technology centers under the authority of the Oklahoma State Department of Career and Technology Education, and professors and instructors within the Oklahoma State System of Higher Education, the necessary training in the use and application of computers and advanced electronic instructional technology to implement interactive learning environments in the classroom and to access the state-wide distance learning network and costs associated with repairing and maintaining advanced electronic instructional technology,
e. endowed chairs for professors at institutions of higher education operated by the Oklahoma State System of Higher Education, and
f. programs and personnel of the Oklahoma School for the Deaf and the Oklahoma School for the Blind;
3. Five percent (5%) to the School Consolidation and Assistance Fund. When the total amount in the School Consolidation and Assistance Fund from all sources equals Five Million Dollars ($5,000,000.00), all monies appropriated pursuant to this paragraph which would otherwise be deposited in the School Consolidation and Assistance Fund in excess of Five Million Dollars ($5,000,000.00) shall be allocated by the State Department of Education to public schools based on the audited end-of-year average daily membership in grades 8 through 12 during the preceding school year for the purpose of purchasing technology equipment in order to conduct on-line testing as required by the Achieving Classroom Excellence Act of 2005. If at any time the total amount in the School Consolidation and Assistance Fund drops below Five Million Dollars ($5,000,000.00), the monies appropriated pursuant to this paragraph shall be deposited in the School Consolidation and Assistance Fund until the Fund again reaches Five Million Dollars ($5,000,000; and
4. Five percent (5%) to the Teachers’ Retirement System Dedicated Revenue Revolving Fund.
D. The Legislature shall appropriate funds from the Oklahoma Education Lottery Trust Fund only for the purposes specified in subsection C of this section. Even when funds from the trust fund are used for these purposes, the Legislature shall not use funds from the trust fund to supplant or replace other state funds supporting common education, higher education, or career and technology education.
E. In order to ensure that the funds from the trust fund are used to enhance and not supplant funding for education, the State Board of Equalization shall examine and investigate appropriations from the trust fund each year. At the meeting of the State Board of Equalization held within five (5) days after the monthly apportionment in February of each year, the State Board of Equalization shall issue a finding and report which shall state whether appropriations from the trust fund were used to enhance or supplant education funding. If the State Board of Equalization finds that education funding was supplanted by funds from the trust fund, the Board shall specify the amount by which education funding was supplanted. In this event, the Legislature shall not make any appropriations for the ensuing fiscal year until an appropriation in that amount is made to replenish the trust fund.
F. Except as otherwise provided by this subsection, no deficiency in the Oklahoma Education Lottery Trust Fund shall be replenished by reducing any nonlottery funds, including specifically but without limitation, the General Revenue Fund, the Constitutional Reserve Fund or the Education Reform Revolving Fund of the State Department of Education. No program or project started specifically from lottery proceeds shall be continued from the General Revenue Fund, the Constitutional Reserve Fund or the Education Reform Revolving Fund of the State Department of Education. Such programs must be adjusted or discontinued according to available lottery proceeds unless the Legislature by general law establishes eligibility requirements and appropriates specific funds therefor. No surplus in the Oklahoma Education Lottery Trust Fund shall be reduced or transferred to correct any nonlottery deficiencies in sums available for general appropriations. The provisions of this subsection shall not apply to bonds or other obligations issued pursuant to or to the repayment of bonds or other obligations issued pursuant to the Oklahoma Higher Education Promise of Excellence Act of 2005.
G. There is hereby created in the State Treasury a revolving fund to be designated the “Oklahoma Education Lottery Revolving Fund”. The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies received by the Commission. The Commission shall make payments of net proceeds from the fund to the Oklahoma Education Lottery Trust Fund on or before the fifteenth day of each calendar quarter as provided in subsection B of this section. All monies accruing to the credit of the Oklahoma Education Lottery Revolving Fund are hereby appropriated and may be budgeted and expended for the payment of net proceeds, prizes, commissions to retailers, administrative expenses and all other expenses arising out of the operation of the education lottery, subject to the limitations provided in the Oklahoma Education Lottery Act. Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of State Finance for approval and payment.
The monies in the fund shall be invested by the State Treasurer in accordance with state investment practices. All earnings attributable to such investments shall likewise accrue to the credit of the fund.
H. When appropriations from the Oklahoma Education Lottery Trust Fund are made to common education pursuant to the provisions of paragraph 1 of subsection C of this section, the appropriations shall be made available on a monthly basis. In addition to the provisions of subsection B of this section, the following process shall be used to insure that the appropriations are made available to common education in a timely manner:
1. Beginning in July of the fiscal year in which appropriations are made to common education from the Oklahoma Education Lottery Trust Fund, the Commission, on or before the ninth day of each month, shall transfer to the State Treasurer, for credit to the Oklahoma Education Lottery Trust Fund, the amount of net proceeds accruing during the preceding month equal to the amount of total monthly collections due to common education as required by paragraph 1 of subsection C of this section;
2. The Director of the Office of State Finance shall allocate the transfers provided for in paragraph 1 of this subsection to the State Department of Education on a monthly basis, not to exceed one-twelfth (1/12) of the annual apportionment for the fiscal year; and
3. The total amount of transfers to the Oklahoma Education Lottery Trust Fund of net lottery proceeds made pursuant to this subsection shall not exceed the total appropriations made to common education from the Oklahoma Education Lottery Trust Fund for the specific fiscal year.
I. When appropriations from the Oklahoma Education Lottery Trust Fund are made to The Oklahoma State System of Higher Education, the appropriations shall be made available to the System on a monthly basis. In addition to the provisions of subsection B of this section, the following process shall be used to insure that the appropriations are made available to The Oklahoma State System of Higher Education in a timely manner:
1. Beginning in July of the fiscal year in which appropriations are made to The Oklahoma State System of Higher Education from the Oklahoma Education Lottery Trust Fund, the Commission, on or before the ninth day of each month, shall transfer to the State Treasurer, for credit to the Oklahoma Education Lottery Trust Fund, the amount of net proceeds accruing during the preceding month equal to the amount of total monthly collections due to the Oklahoma State Regents for Higher Education as required by paragraph 2 of subsection C of this section;
2. The Director of the Office of State Finance shall allocate the transfers provided for in paragraph 1 of this subsection to the Oklahoma State Regents for Higher Education on a monthly basis, not to exceed one-twelfth (1/12) of the annual apportionment for the fiscal year; and
3. The total amount of transfers to the Oklahoma Education Lottery Trust Fund of net lottery proceeds made pursuant to this subsection shall not exceed the total appropriations made to The Oklahoma State System for Higher Education from the Oklahoma Education Lottery Trust Fund for the specific fiscal year.
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Section 929. Noncompliance with Environmental Standards by Political Subdivisions. (27A O.S. § 2-3-507)
Political subdivisions may, when compliance with environmental standards would create excessive debt, enter into compliance schedules with the Department of Environmental Quality to prioritize compliance based on their greatest environmental or other public health and safety needs. Excessive debt is indicated when the work needed for compliance would require a capital cost or user charge significantly beyond the per-household cost for similar sized communities within the state. Penalties shall not be assessed if a political subdivision complies with the schedule authorized by the Department.
Section 930. Emergency Protections and Plans. (63 O.S. § 681)
School authorities of the State of Oklahoma, its political subdivisions, and its school districts are authorized to plan, design, and construct new school buildings and make additions to existing school buildings that afford protection for the anticipated school body, faculty, and visitors against tornadoes and severe weather. Each school, administration building and institution of higher learning shall have written plans and procedures in place for protecting students, faculty, administrators and visitors from natural and man-made disasters and emergencies. Plans shall be reviewed and updated annually as appropriate by each school, administration building and institution of higher learning, and placed on file at each school district and each local emergency management organization within the district. Each school district and institution of higher learning shall make annual reports to the local school board or Board of Regents detailing the status of emergency preparedness and identified safety needs for each school or institution.
Section 930.1. Providing Tornado or Severe Weather Protection. (63 O.S. § 682)
Each state institution, agency, board, and department, each political subdivision of the state, and each school district of the state is authorized to participate in such federal assistance programs as may be available or may become available to assist in providing tornado and severe weather protection.
Section 931. Schools - Use of Facilities. (21 O.S. § 1326)
The Legislature of the State of Oklahoma recognizes that the boards of regents of all institutions of higher learning in the State of Oklahoma and the boards of education of all the school districts in Oklahoma have the present constitutional power to issue rules, regulations and directives as regards who will, or will not, and under what format and conditions, be allowed to make use of the facilities under their constitutional or statutory jurisdiction.
Section 932. Permits for Construction or Alteration of Building. (74 O.S. § 324.11)
A. No person, firm, corporation, partnership, organization, city, town, school district, county or other subdivision of government shall commence the construction or major alteration of any buildings or structures to be used as schools, hospitals, churches, asylums, theaters, meeting halls, hotels, motels, apartment houses, rooming houses, rest homes, nursing homes, day nurseries, convalescent homes, orphanages, auditoriums, assisted living facilities, dormitories, factories, stadiums, or warehouses, including all defined occupancies within these groups, or install original equipment for the operation or maintenance thereof without obtaining a permit. Said permit, for which a charge may be made in conformity with the local ordinance, except as limited herein as to governmental agencies, shall be obtained from the city, town or county in whose jurisdiction the construction or alteration is planned.
B. All such construction or alteration as planned shall conform to the applicable provisions of the BOCA National Building Code, as last revised, the Southern Standard Building Code Congress International (SBCCI), the Uniform Building Code (ICBO), or the International Billing Code, except that in the event any city, town or county having jurisdiction to issue such permit has adopted by ordinance one of the other building codes designated in Section 324.8 of this title, then such construction or alteration shall conform to such other code so adopted.
C. Application for such building permit shall he made to, and such building permit shall be issued by, any city, town or county in whose jurisdiction the construction or alteration is planned. The city, town or county may require the submission of plans and specifications covering the proposed construction or alteration and may refuse to issue such permit unless the work so planned is in accordance with the applicable provisions of the city, town or county’s building code. In all geographical areas wherein no such permit is required by local authorities such permit must be obtained from the State Fire Marshal, who may require the submission of plans and specifications covering the proposed construction or alteration, and he shall refuse to issue such permit unless the work so planned is in accordance with the applicable provisions of said BOCA National Building Code, as last revised, the Southern Standard Building Code Congress International (SBCCI), the Uniform Building Code (ICBO), or the International Building Code; provided that the foregoing provisions of this sentence shall not apply to locations in any geographical area that are owned or operated by a state beneficiary public trust or have been purchased or leased from a state beneficiary public trust..
D. Nothing in this act shall be construed as repealing any ordinance of any city, town or county requiring the submission to the local authorities of plans and specifications and the obtaining of permits, but the power or authority of any such city, town or county to levy or assess any charge for such permit or to make and enforce requirements prerequisite to the issuance of such permit, other than requiring compliance with such building code, shall, as to governmental agencies, be limited as hereinafter set forth.
E. No city, town or county requested to issue any such permit to any city, town, school district, county or other subdivision of government shall charge, assess or collect any fee or other charge for such permit except the regular and customary inspection fees fixed by ordinance for inspection of the work to be done under such permit, and no other charge, fee or other conditions of any kind under the authority of this title shall be made a condition of or prerequisite to the obtaining of such permit by any such governmental agency.
F. No bids may be let for the construction or major alteration of any correctional facility as defined by Section 317 of this title until plans and specifications for such construction or alteration have been submitted to the State Fire Marshal for approval The State Fire Marshal shall approve said plans and specifications if the work so planned conforms with the applicable provisions of the BOCA National Building Code, as last revised, the Southern Standard Building Code Congress International (SBCCI), the Uniform Building Code (ICBO), or the International Building Code.
G.
1. Notwithstanding anything to the contrary in the International Fire Code and/or International Building Code, all facilities to be licensed as assisted living facilities, or additions to existing assisted living facilities, constructed after November 1, 2008, shall be constructed with the guidelines of the I-II building code if at any time in their operation they house residents who are not capable of responding to emergency situations without physical assistance from staff of the facility or are not capable of self preservation.
2. Assisted living facilities licensed prior to the effective date of this act may house residents who are not capable of responding to emergency situations without physical assistance from the staff or are not capable of self preservation under the following conditions: As part of the annual licensure renewal process, the facility shall disclose if any residents who reside in the facility are not capable of responding to emergency situations without physical assistance from staff or are not capable of self preservation, and the facility shall be required to install fire sprinkler protection and an alarm system within the facility in accordance with the building guidelines set forth in the building code for I-II facilities.
3. For purposes of this subsection:
a. the term “assisted living center” shall include an assisted living center licensed as such by the State Department of Health and the assisted living center component of a continuum care facility licensed by the State Department of Health, and
b. the terms “International Fire Code” and “International Building Code” shall be deemed to include:
(1) any and all appendices, commentary, amendments and supplements to, and replacements or restatements of the Codes, and
(2) any and all other laws, ordinances, regulations, codes or standards pertaining to assisted living center construction, occupancy and maintenance for the protection of lives and property from fire.
There does not appear to be an applicable Oklahoma law which would require school districts to comply with state building codes with regard to their “existing school buildings”. Thus, a school district need only comply with local, state and national building codes when such school district is embarking on new construction or an alteration to an existing structure. May 22, 1990 (AG Inf. Op. No. 90-589)
Existing building of school district does not need to comply with Sate or local city building codes. March 16, 1984 (AG Op. No. 83-292)
City can require school district to pay water and sewage connection fee as prerequisite for acquiring building permit, if fee is not in nature of a tax. AG Op. August 28, 1972
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Section 932.1 Construction Management - Defined. (61 O.S. § 202)
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4. “Construction management” means a project delivery method based on an agreement whereby the owner acquires from a construction entity a series of services that 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; “construction management” includes:
a. “agency construction management” whereby the construction entity provides services to the owner without taking on financial risks for the execution of the actual construction; and
b. “at-risk construction management” whereby the construction entity, after providing agency services during the pre-construction period, takes on the financial obligation to carry out construction under a specified cost agreement; * * *
5. “Consultant” means an individual or legal entity possessing the qualifications to provide licensed architectural, registered engineering, or registered land surveying services or possessing specialized credentials and qualifications as may be needed to plan or design for any construction or public work improvement project;
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13. “Public improvement” means any beneficial or valuable change or addition, betterment, enhancement or amelioration of or upon any real property, or interest therein, belonging to a public agency, intended to enhance its value, beauty or utility or to adapt it to new or further purposes. The term does not include the direct purchase of materials, provided that the materials are not purchased in increments for an amount of less than Twenty-five Thousand Dollars ($25,000.00) and used for the purposes of completing a single project, equipment or supplies by a public agency, or any personal property as defined in paragraphs 1 and 4 of subsection B of Section 430.1 of Title 62 of the Oklahoma Statutes;
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A school district is not a construction entity contemplated by the statute to serve as a construction manager, and thus a school district may not use in-house personnel to act as the school district’s construction manager. (AG Op. No. 2010-13)
Section 932.1a. Design-Build and At-Risk. (61 O.S. § 202.1)
A. The design-build and construction management project delivery methods shall not be used without the written approval of the Director of Central Services, or the Director’s designee, when those projects are constructed for a state agency or by an act of the Legislature specifying design-build or at-risk construction management for a project. In all instances where the design-build project or at-risk construction management delivery method is authorized, construction administration shall be performed by the State Construction Administrator, the Administrator's designee or designees, or otherwise by contract or contract provision approved by the Director of Central Services for construction administration by another party.
B. Municipalities, counties, public trusts, or any other political subdivision in this state shall not be required to get approval of any other state agency in order to use design-build construction management or at-risk construction management as a construction management delivery method. However, municipalities, counties, public trusts, and any other political subdivision shall be subject to all other provisions of the Public Building Construction and Planning Act.
C. The design-build and construction management project delivery methods shall not be used for any project unless the project meets the criteria established by the administrative rules promulgated as required by this act. Such methods shall not be used unless there is a need for compressed construction time as required to respond to a natural disaster or other emergency situation affecting public health and safety, or all of the following criteria for designation are met:
1. The project benefits the public;
2. There is a need for cost control; and
3. The need exists for specialized or complex construction methods due to the unique nature of the project.
D. The use of design-build and construction management project delivery methods shall not interfere or inhibit the opportunity for subcontractors to openly and freely compete for subcontracts pursuant to the Public Competitive Bidding Act of 1974.
E. The provisions of subsections A and B of this section shall not apply to projects by contract pursuant to an interagency agreement under Section 581 of Title 74 of the Oklahoma Statutes or to projects a state agency performs solely with the staff of the agency.
F. The State Construction Administrator shall file an annual report to the legislature summarizing cost information for each construction management project completed the preceding year.
G. The Department of Central Services shall, pursuant to the Administrative Procedures Act, promulgate rules to effect procedures, processes and design-build/construction management fee guidelines necessary to the fulfillment of its responsibilities under this section.
H. As used in the Public Building Construction and Planning Act, public trusts shall not include state beneficiary public trusts.
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Section 932.2. Construction Management. (61 O.S. § 220)
A. Any political subdivision or board of education of a school district may use construction management as a project delivery method for the building, altering, repairing, improving, maintaining or demolishing any structure or appurtenance thereto, or any other improvement to real property owned by that political subdivision or school district. For purposes of this section “construction management” shall be defined as set forth in Section 202 of this title and shall include both agency construction management and at-risk construction management.
B. A political subdivision or school district shall select a construction manager based on the professional qualifications and technical experience of the construction manager. Selection criteria shall include the experience of the candidate, past performance, and certification of the company or individuals within the company of their knowledge of recognized standards of construction, construction management and project management. Only firms recognized as qualified construction managers by the Construction and Properties Division of the Department of Central Services pursuant to Section 62 of this title, may be considered for selection as a construction manager by a political subdivision or school district.
C. The construction management project delivery method may only be used for public construction contracts when the construction project meets the criteria establish by Section 202.1 of this title, except that a political subdivision or school district shall not be required to obtain permission from the Director of Central Services.
D. When bids for a public construction project have been received from general contractors pursuant to the Public Competitive Bidding Act of 1974 and the lowest responsible bid is within the awarding agency’s available funding, the awarding agency shall not reject all bids and award the project to a construction manager.
E. Construction management contracts, for both agency construction management and at-risk construction management, entered into by a political subdivision or school district pursuant to this section shall not be considered a public construction contract pursuant to Section 102 of Title 61 of the Oklahoma Statutes and shall not be subject to competitive bidding requirements as set forth in the Public Competitive Bidding Act of 1974.
F. All construction contracts or subcontracts for work to be performed for any political subdivision or school district pursuant to a construction management project delivery method shall be awarded in accordance with the provisions of the Public Competitive Bidding Act of 1974. If a construction manager at-risk wishes to self-perform portions of the construction work to be performed, the construction manager at-risk may self-perform portions of the work provided the construction manager at-risk competitively bids the work under the same terms and conditions as the other bidders and the construction manager at-risk is the lowest responsible bidder for the construction subcontract. No work shall commence until the school district executes a written contract and the contractor and subcontractors submit bonds and proofs of insurance as required by the appropriate contract.
A school district is not a construction entity contemplated by the statute to serve as a construction manager, and thus a school district may not use in-house personnel to act as the school district’s construction manager. (AG Op. No. 2010-13)
Section 933. The State Architectural Act - Definitions. (59 O.S. § 46.3)
As used in the State Architectural and Registered Interior Designers Act:
1. “Architect” means any person who is licensed and engages in the practice of architecture as hereinafter defined;
2. “Practice of architecture” means rendering or offering to render certain services, in connection with the design and construction, enlargement or alteration of a building or a group of buildings and the space surrounding such buildings, including buildings which have as their principal purpose human occupancy or habitation; the services referred to include planning, providing preliminary studies, designs, drawings, specifications and other technical submissions, the administration of construction contracts, and the coordination of any elements of technical submissions prepared by others including, as appropriate and without limitation, consulting engineers and landscape architects; provided, that the practice of architecture shall include such other professional services as may be necessary for the rendering of or offering to render architectural services;
3. “Registration or license” means a certificate of registration or license issued by the Board. The definition of “license” shall apply to those persons licensed under a practice act. The definition of “registration” shall apply to those persons registered under a title act;
4. “Building” means a structure consisting of a foundation, walls, all floors and roof, with or without other parts;
5. “Board” means the Board of Governors of the Licensed Architects, Landscape Architects and Registered Interior Designers of Oklahoma;
6. “Certificate of authority” means the authorization granted by the Board for persons to practice or offer to practice architecture or landscape architecture through a partnership, firm, association, corporation, limited liability company or limited liability partnership;
7. “Certificate of title” means the authorization granted by the Board for a partnership, firm, association, corporation, limited liability company or limited liability partnership to use the title “registered interior designer” or any modification or derivation of these terms;
8. “Technical submissions” means designs, drawings, specifications, studies and other technical reports prepared in the course of practicing architecture or landscape architecture;
9. “Responsible control” means the amount of control and detailed knowledge of the content of technical submissions during their preparation as is ordinarily exercised by licensed architects or landscape architects applying the required professional standard of care;
10. “Landscape architect” means a person licensed to practice landscape architecture as provided in the State Architectural and Registered Interior Designers Act;
11. “Landscape architecture” means the performance of professional services defined as teaching, consultations, investigations, reconnaissance, research, planning, design, preparation of construction drawings and specifications, and construction observation in connection with the planning and arranging of land and the elements thereon for public and private use and enjoyment, including the design and layout of roadways, service areas, parking areas, walkways, steps, ramps, pools, the location and siting of improvements including buildings and other structures, and the grading of the land, surface and subsoil drainage, erosion control, planting, reforestation, and the preservation of the natural landscape, in accordance with accepted professional standards, and to the extent that the dominant purpose of such services or creative works is the preservation, conservation, enhancement, or determination of proper land uses, natural land features, ground cover and plantings, or naturalistic and aesthetic values.
The practice of landscape architecture shall include the location and arrangement of tangible objects and features as are incidental and necessary to the purpose outlined for landscape architecture. The practice of landscape architecture shall not include the design of structures or facilities with separate and self-contained purposes for habitation or industry, or the design of public streets, highways, utilities, storm and sanitary sewers and sewage treatment facilities, that are statutorily defined as the practice of engineering or architecture;
12. “Code” means the nationally recognized building code adopted by the local, municipal, or county jurisdiction in which a building is located. Where no building code has been adopted by the local, municipal or county jurisdiction, all buildings shall meet the requirements of the state building code as adopted by the Office of the State Fire Marshal;
13. “Applicable building official” means the official responsible for the application of the adopted building code as implemented by the local, municipal or county jurisdiction in which a building is located. Where no building code has been adopted by the local, municipal or county jurisdiction, the applicable building official shall be defined as the State Fire Marshal; and
14. “Registered interior designer” means a person recognized by this state who is registered, qualified by education, experience and examination and meeting all the requirements set forth in the State Architectural and Registered Interior Designers Act and the Board’s rules.
Even though the original plan or design of a building may have been exempt from the requirement to use a licensed architect under [Title 59] Section 46.21b(D) or a similar provision, the intended use of each subsequent renovation or alteration will determine if a new exemption could apply. July 31, 2007 (AG Op. No. 07-19)
A person not licensed as an architect under the Act can plan, design and prepare plans for the addition, renovation or alteration of a building although the intended use is not exempt from the provisions of the Act, as long as the building official appointed by the local, municipal, or county jurisdiction, or the State Fire Marshal when there is no local building code, determines the planned addition, renovation or alteration will not affect the primary structural, mechanical or electrical systems, life-safety systems or exit passageways. July 31, 2007 (AG Op. No. 07-19)
Absent a statutory provision to the contrary, all government entities are required to abide by the provisions of the State Architectural Act, and utilize a licensed architect and licensed landscape architect when required under the Act. October 10, 2005 (AG Op. No. 05-34)
Licensed architect is only individual who can contract to provide architectural services, and licensed landscape architect is only individual who can contract to provide landscape architectural services. Architectural services can be performed by individuals or entities licensed to perform landscape architectural services or by an engineer when such services are incidental to performance of normal practice of landscape architect or engineer. Landscape architectural services can be performed by individuals or entities licensed to perform architectural services or by an engineer if such services are incidental to the performance of the normal practice of the architect or engineer. “Incidental to” means services which are likely to ensue from and are a minor consequence of other work being performed. May 11, 2000 (AG Op. No. 00-25)
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Section 934. State File of Consultants - Procedure for Political Subdivisions. (61 O.S. § 62)
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I. In the selection of a construction manager or consultant, all political subdivisions of this state shall follow these procedures:
The subdivision shall select a construction manager or consultant based upon the professional qualifications and technical experience of the construction manager or consultant. The subdivision shall negotiate a contract with the highest qualified construction manager or consultant provided that a fee can be negotiated that is fair and reasonable to both parties. In the event a reasonable fee cannot be negotiated with the selected construction manager or consultant, the subdivision may negotiate with other construction manager or consultants in order of their qualifications.
Section 934.1. Performance-Based Efficiency Contract. (62 O.S. § 318)
A. For purposes of this section:
1. “Public entity” means any political subdivision of this state, or a public trust which has as a beneficiary a political subdivision of this state, or any institution of higher education which is part of The Oklahoma State System of Higher Education;
2. “Performance-based efficiency contract” means a contract for the design, development, financing, installation and service of any improvement, repair, alteration or betterment of any building or facility owned, operated or planned by a public entity; or any equipment, fixture or furnishing to be added to or used in any such building or facility; or any maintenance or operational strategy that is designed and implemented that will reduce utility consumption or lower operating costs, and may include, but is not limited to, one or more of the following:
a. utility services,
b. heating, ventilating or air conditioning system modifications or replacements and automated control systems,
c. replacement or modifications of lighting fixtures,
d. indoor air quality improvements to increase air quality that conform to the applicable state or local building code requirements when done in conjunction with other cost-saving measures,
e. any additional building infrastructure improvement, cost saving, life safety or any other improvement that provides long-term operating cost reductions and is in compliance with state and local codes, or
f. any facility operation and support programs that reduce operating cost; and
3. “Qualified provider” means a person or business experienced or trained in the design, analysis and installation of energy conservation and facility management measures. A qualified provider must employ a professional engineer registered in the State of Oklahoma.
B. In addition to any other legally permissible alternatives of entering into contracts, any public entity may enter into performance-based efficiency contracts with a qualified provider pursuant to the provisions of this section. Further, any public entity may enter into an installment contract, lease purchase agreement or other contractual obligation for the purpose of financing performance-based efficiency projects for a term not to exceed twenty (20) years or the useful life of the project. A qualified provider to whom the contract is awarded shall be required to give a sufficient bond to the public entity for its faithful performance of the contract In addition, the public entity may require performance bonds covering the annual amount of guaranteed savings over the contract term. The contract’s cost savings to the public entity must be guaranteed each year during the term of the agreement. The savings must be sufficient to offset the annual costs of the contract. The contract shall provide for reimbursement to the public entity annually for any shortfall of guaranteed savings. Savings must be measured, verified and documented during each year of the term and may be utilized to meet the annual debt service. This section shall constitute the sole authority necessary to enter into performance-based efficiency contracts, without regard to compliance with other laws which may specify additional procedural requirements for execution of contracts.
Capital cost avoidance may not be considered by the governing body of a public entity in determining whether a Performance Based Efficiency Contract should be approved. Expected savings stipulated to or by the parties are irrelevant to the validity of a performance contract. November 19, 2009 (AG Op. No. 09-32)
Section 935. Public Recreation. (11 O.S. § 33-103)
Any city, town, school district or county may establish, provide, maintain, construct, set apart and conduct, either singly or jointly in cooperation with one or more of the other governmental units specified herein, parks, playgrounds, recreation centers, athletic fields or grounds, swimming pools, social and community centers, and other facilities and activities in public schools, parks, buildings and facilities now owned or acquired. For such purposes the governing body of the governmental unit may dedicate and set apart for use as playgrounds, recreation centers and other recreational purposes any lands or buildings, or both, owned or leased by the governmental unit and not dedicated or devoted to another public use. The governmental unit may, in such manner as may now or hereafter be authorized or provided by law for the acquisition of lands or buildings for public purposes by the governmental unit, acquire or lease lands or buildings, or both, within or beyond the corporate limits of the governmental unit for playgrounds, recreation centers and other recreational purposes. When the governing body of the governmental unit shall dedicate, set apart, acquire or lease buildings for such purposes, it may on its own initiative provide for their conduct, equipment and maintenance according to the provisions of this subarticle by making an appropriation from the general revenues of the governmental unit as for other current expenses of the governmental unit. Any governing body is hereby authorized and empowered to establish, provide, maintain, construct and conduct recreational activities on local nongovernmental properties as well as on publicly-owned facilities.
Note: Refer to 11 O. S. § 33-101 to § 33-115 for procedures applicable to this section.
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Section 935.1. Oklahoma Safe Playground Surfaces Act. (27A O.S. § 2-11-414)
Sections 6 and 7 of this act shall be known and may be cited as the “Oklahoma Safe Playground Surfaces Act”.
Section 935.2. Grants for Safe Playground Surfaces. (27A O.S. § 2-11-415)
A. The Oklahoma Tax Commission is authorized to award matching grants, pursuant to the provisions of this act, to public schools or institutions, state parks and recreation areas for the purpose of reimbursing such entities for purchasing and installing, according to the specifications outlined in the American Standards for Testing and Materials 1292 (ASTM), playground surfacing material made from crumb rubber or other waste tire material processed by a facility located in this state.
B. Beginning July 1, 2001, when the total amount of funds accruing to the Waste Tire Recycling Indemnity Fund, created pursuant to the provisions of Section 2-11-404 of Title 27A of the Oklahoma Statutes, reaches Three Million Dollars ($3,000,000.00), an amount not exceeding One Million Dollars ($1,000,000.00) may be expended from the fund within that state fiscal year for the reimbursement through matching grants of playground resurfacing material purchased pursuant to this section.
C. For the purposes of this act:
1. The term “public school or institution” means any public educational institution or other public institution located in this state and accredited for the purpose of educating or caring for children; and
2. The term “state park or recreation area” means any public recreation area owned and operated by the State of Oklahoma that contains a playground area for public use.
D. Any public school or institution, state park or recreation area shall be eligible to receive a matching grant of up to Twenty Thousand Dollars ($20,000.00) as reimbursement or payment for purchasing and installing eligible playground surfacing material. A public school or institution may apply for any number of matching grants from the fund, but the total amount awarded shall not exceed Twenty Thousand Dollars ($20,000.00) per school or institution. The application for reimbursement or payment may be submitted to the Tax Commission at the time a contract for sale and installation of the playground surfacing material has been executed. Reimbursement or payment shall be made only for playground surfacing material produced from waste tires discarded in this state. If approved, funds shall be obligated for the applicant and a notice of funds approval shall be sent by the Tax Commission to the applicant. Actual reimbursement or payment shall not be made by the Tax Commission until a notice of installation, signed by the contractor, has been received from the applicant. Nothing herein shall prevent any eligible entity from assigning payment, which has been approved by the Tax Commission, to a contractor.
E. Grants from the fund for public schools or institutions and state parks or recreation areas shall be awarded on a first-come, first-serve basis but shall not exceed One Million Dollars ($1,000,000.00), including administrative costs as provided by subsection F of this section, in any fiscal year. Any entity applying for a matching grant that is rejected due to limited funds shall remain eligible until funds become available.
F. The Tax Commission may retain one percent (1%) of the grant monies awarded from the fund for administrative costs to implement the provisions of this act.
G. The Tax Commission is directed to promulgate rules to implement the provisions of this act.
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