| 38 | 64 | | |
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| 39 | 65 | | An Act relating to state government; amending 74 O.S. |
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| 40 | 66 | | 2021, Section 61.8, which relates to the Long-Range |
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| 41 | 67 | | Capital Planning Commission; providing additional |
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| 42 | 68 | | exemption for certain authority; updating statutory |
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| 43 | 69 | | reference; providing an effective date; and declaring |
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| 44 | 70 | | an emergency. |
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| 45 | 71 | | |
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| 46 | 72 | | |
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| 47 | 73 | | |
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| 48 | 74 | | |
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| 49 | 75 | | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLA HOMA: |
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| 50 | 76 | | SECTION 1. AMENDATORY 74 O. S. 2021, Section 61.8, is |
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| 51 | 77 | | amended to read as follows: |
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| 52 | 78 | | Section 61.8. A. The Long-Range Capital Planning Commission |
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| 53 | 79 | | shall work to decrease the amount of property owned by Oklahoma |
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| 54 | 80 | | state government, return state-owned property to priva te sector |
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| 55 | 81 | | ownership, better maintain and utilize the state ’s needed capital |
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| 56 | 82 | | assets and, whenever possible, eliminate the practice of state |
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| 57 | 83 | | agencies leasing real property not owned by the state. |
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| 58 | 84 | | B. Each year, the Directo r of the Office of Management and |
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| 59 | 85 | | Enterprise Services at t he direction of the Long -Range Capital |
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| 60 | 86 | | Planning Commission, shall take action to approve the privatization |
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| 61 | 87 | | of state-owned real property as identified pursuant to the Oklahoma |
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| 90 | 140 | | from the liquidation of real properties shall be deposited into the |
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| 91 | 141 | | Maintenance of State Buildings Revolving Fund. |
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| 92 | 142 | | C. Prior to entering into or renewing a lease for real |
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| 93 | 143 | | property, each state agency, board, com mission, and public trust |
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| 94 | 144 | | having the State of Oklahoma this state as a beneficiary shall |
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| 95 | 145 | | receive approval for entering into the lease from the Office of |
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| 96 | 146 | | Management and Enterprise Services. |
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| 97 | 147 | | D. Prior to making a purchase of real property or constructing |
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| 98 | 148 | | a building, each state agency, board, commission, and public trust |
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| 99 | 149 | | having the State of Oklahoma this state as a beneficiary shall |
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| 100 | 150 | | receive approval for the purchase or construction from the Director |
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| 101 | 151 | | of the Office of Management and Enterprise Services; provided, if |
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| 102 | 152 | | such purchase or construction is deemed by the Direct or of the |
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| 103 | 153 | | Office of Management and Enterprise Services to be within the |
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| 104 | 154 | | authority of the Long -Range Capital Planning Commission, the |
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| 105 | 155 | | Director shall not approve the purchase or construction and shall |
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| 106 | 156 | | refer the request to the Commission for action. |
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| 107 | 157 | | E. Prior to approval or referral p ursuant to subsection C or D |
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| 108 | 158 | | of this section, the Office of Management and Enterprise Services |
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| 109 | 159 | | shall determine if the applicant entity can utilize already existing |
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| 110 | 160 | | state-owned real property as an alternative to leasing non -state- |
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| 111 | 161 | | owned real property or purc hasing or constructing new real property. |
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| 112 | 162 | | If such existing state -owned real property is owned by the Oklahoma |
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| 141 | 215 | | Places or with the National Trust for Historic Prese rvation, or is |
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| 142 | 216 | | potentially of historical significance, the Office of Management and |
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| 143 | 217 | | Enterprise Services shall notify the Oklahoma Historical Society and |
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| 144 | 218 | | obtain its approval prior to approving an applicati on for its reuse. |
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| 145 | 219 | | F. No state agency, board, commis sion or public trust havin g |
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| 146 | 220 | | the state as its beneficiary shall transfer any real property owned |
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| 147 | 221 | | by the agency, board, commission or trust to any other state agency, |
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| 148 | 222 | | board, commission, state beneficiary tr ust or any public or private |
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| 149 | 223 | | entity unless the trans fer is first approved by t he Long-Range |
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| 150 | 224 | | Capital Planning Commission. Any transfer made without the prior |
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| 151 | 225 | | approval of the Long -Range Capital Planning Commission as required |
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| 152 | 226 | | by this subsection may be rever sed by the Long-Range Capital |
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| 153 | 227 | | Planning Commission an d if a transfer is reverse d the agency, board, |
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| 154 | 228 | | commission, state beneficiary trust or other state government entity |
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| 155 | 229 | | to which the real property has been impermissibly transferred shall |
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| 156 | 230 | | take such actions to convey the subject property to the entity from |
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| 157 | 231 | | which the asset was acquired n ot later than thirty (30) days from |
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| 158 | 232 | | the date an order for such transfer is entered by the Long -Range |
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| 159 | 233 | | Capital Planning Commission. The Commission shall not approve any |
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| 160 | 234 | | transfer unless proceeds from the sale shall be deposited with in the |
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| 161 | 235 | | Maintenance of State Buildings Revolving Fund as established by |
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| 162 | 236 | | Section 908 of Title 62 of the Oklahoma Statutes. |
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| 192 | 290 | | calendar year listing the parcels of pr eviously state-owned property |
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| 193 | 291 | | sold, detailing the reduction in the amount of space leased by the |
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| 194 | 292 | | state, describing the source of funds and expenditures from the |
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| 195 | 293 | | Maintenance of State Buildings Revolving Fund and showing the manner |
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| 196 | 294 | | in which deferred maintena nce needs are being met. The report shall |
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| 197 | 295 | | be provided to the Governor, Speaker of the House of |
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| 198 | 296 | | Representatives, President Pro Tempore of the Senate and placed on |
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| 199 | 297 | | the documents.ok.gov web portal. |
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| 200 | 298 | | H. This section shall not be appl icable to the following or |
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| 201 | 299 | | their lands, properties, buildings, funds or revenue: |
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| 202 | 300 | | 1. The Oklahoma Ordnance Works Authority; |
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| 203 | 301 | | 2. The Commissioners of the Land Office; |
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| 204 | 302 | | 3. The Oklahoma Department of Transpo rtation; and |
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| 205 | 303 | | 4. The Oklahoma Turnpike Authority ; and |
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| 206 | 304 | | 5. The Grand River Dam Authority . |
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| 207 | 305 | | I. The Director of the Offi ce of Management and Enterprise |
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| 208 | 306 | | Services may make recommendations to the Long -Range Capital Planning |
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| 209 | 307 | | Commission for liquidation of underuti lized properties that have |
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| 210 | 308 | | environmental issues, cre ate a liability for the state, or create |
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| 211 | 309 | | expenses that make the c ontinued ownership of the underutilized |
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| 212 | 310 | | property undesirable and the property has been offered through two |
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| 213 | 311 | | public auctions or sealed bids a nd no viable bids were received. If |
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| 243 | 365 | | may accept a bid of less than ninety percent (90%) of the appraised |
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| 244 | 366 | | value in accordance with Section 327 of Title 61 of the Oklahoma |
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| 245 | 367 | | Statutes. |
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| 246 | 368 | | SECTION 2. This act shall become effective July 1, 2023. |
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| 247 | 369 | | SECTION 3. It being immediately necessary for the preservation |
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| 248 | 370 | | of the public peace, health or safety, an emergency is hereby |
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| 249 | 371 | | declared to exist, by reason where of this act shall take effect and |
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| 250 | 372 | | be in full force from and after its passage and approval. |
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