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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 4367 By: Patzkowsky
COMMITTEE SUBSTITUTE
An Act relating to state government; amending 74 O.S.
2021, Sections 62.3 and 62.7, which relate to the
Oklahoma Surplus Property Act ; adding exemption;
modifying surplus property requirements for the
Oklahoma Department of Transp ortation; and providing
an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLA HOMA:
SECTION 1. AMENDATORY 74 O.S. 2021, Section 62.3, is
amended to read as follows:
Section 62.3 A. The Director of the Office of Management and
Enterprise Services shall promulgate rules for use by state agencies
and the Office of Management and Enterprise Services to dispose of
surplus property. The rules shall include standards for
recordkeeping, methods for removal or disposal of surplus property ,
and acquisition by state agencies and authorized entities of surplus
property, and for Office management of surplus property programs.
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B. A state agency selling, trading, redistributing or otherwise
disposing of surplus property shall comply with the ru les
promulgated by the Director.
C. The Office shall make surplus property avai lable to state
agencies and authorized entities, which shall include political
subdivisions, school districts, and nonprofit entities of this
state.
D. The provisions of the O klahoma Surplus Property Act shall
not apply to the Oklahoma Department of Trans portation, institutions
of higher education in this state, the Oklahoma Historical Society,
the University Hospitals Authority or University Hospitals Trust or
the Northeast Oklahoma P ublic Facilities Authority. The Gr and River
Dam Authority shall be exem pt from the provisions of the Oklahoma
Surplus Property Act for any surplus property disposed of prior to
November 1, 2006. CompSource Oklahoma shall be exempt from the
provisions of the Oklahoma Surplus Property Act i f CompSource
Oklahoma is operating pu rsuant to a pilot program authorized by
Sections 3316 and 3317 of this title.
E. Notwithstanding the provisions of the Oklahoma Surplus
Property Act, the Oklahoma State Bureau of Inve stigation may,
pursuant to rules pr omulgated by the Oklahoma State Burea u of
Investigation Commission for that purpose, donate any surplus
property, as defined in Section 62.2 of this title, to any law
enforcement agency of any political subdivision of the State of
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Oklahoma. The use of suc h donated equipment shall be limited to
valid and authorized law enforcement efforts by the receiving
agency.
SECTION 2. AMENDATORY 74 O.S. 2021, Section 62.7, is
amended to read as follows:
Section 62.7 A. When the Department of Transportation
determines that any equipment or vehicle becomes excess, obsolete,
antiquated, unused or ot herwise surplus, the Department shall notify
the Office of Management and En terprise Services in writing that
such equipment or vehicle is surplus. The notice shall identify may
engage a third-party vendor to auction such surplus items. The
following information shall be provided to the vendor :
1. The type, brand or make, and c ountry of manufacture of the
equipment or vehicle;
2. The age of the equipment or vehicle including, but no t
limited to, mileage;
3. Whether the equipment or vehicle is in good working
condition or not;
4. If the equipment or vehicle is not in good work ing
condition, whether it is in repai rable condition at reasonable cost;
5. Original cost of the equipment or vehicle; and
6. Present value of the equipment or vehicle, if known.
B. The Office of Management and Enterprise Services, with any
other notice of surplus property, shall notify th e eligible
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individuals or entities as provided in subsection C of this section
of the availability of the surplus property of the Department of
Transportation.
C. Prior to any advertised public auction or advertised se aled
bids to all individuals and enti ties eligible for participation in
the surplus program, the Office vendor, thirty (30) days prior to
the advertised auction date, shall offer, at fair market value, the
equipment or vehicles to the individuals or entiti es, in the
following order of priorit y:
1. Other state agencies;
2. Political subdivisions of the state;
3. Rural fire departments located in this state;
4. Rural water districts located in this state; and
5. Multipurpose senior citizen centers locate d in this state.
D. C. Any equipment or vehicles purchased pursuant to this
section shall be made available to the purchaser on the date of
purchase.
SECTION 3. This act shall become effective November 1, 2022.
58-2-10969 JBH 03/03/22