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SENATE FLOOR VERSION
February 9, 2023
SENATE BILL NO. 105 By: Hall
An Act relating to state government; amending 74 O.S.
2021, Section 61.8, which relates to the Long-Range
Capital Planning Commission; providing additional
exemption for certain authority; updating statutory
reference; providing an effective date; and declaring
an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLA HOMA:
SECTION 1. AMENDATORY 74 O.S. 2021, Section 61.8, is
amended to read as follows:
Section 61.8. A. The Long-Range Capital Planning Commission
shall work to decrease the amount of property owned by Oklahoma
state government, return state-owned property to priva te sector
ownership, better maintain and utilize the sta te’s needed capital
assets and, whenever possible, eliminate the practice of state
agencies leasing real property not owned by the state.
B. Each year, the Directo r of the Office of Management and
Enterprise Services at the d irection of the Long -Range Capital
Planning Commission, shall take action to approve the privatization
of state-owned real property as identified pursuant to the Oklahoma
State Government Asset Reduction and Cost Savings Program. Proceeds
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from the liquidation of real properties shall be deposited into the
Maintenance of State Buildings Revolving Fund.
C. Prior to entering into or renewing a lease for real
property, each state agency, board, com mission, and public trust
having the State of Oklahoma this state as a beneficiary shall
receive approval for entering into the lease from the Office of
Management and Enterprise Services.
D. Prior to making a purchase of real property or constructing
a building, each state agency, board, commission, and public trust
having the State of Oklahoma this state as a beneficiary shall
receive approval for the purchase or construction from the Director
of the Office of Management and Enterprise Services; provided, if
such purchase or construction is deemed by the Direct or of the
Office of Management and Enterprise Services to be within the
authority of the Long -Range Capital Planning Commission, the
Director shall not approve the purchase or construction and shall
refer the request to the Commission for action.
E. Prior to approval or referral p ursuant to subsection C or D
of this section, the Office of Management and Enterprise Services
shall determine if the applicant entity can utilize already existing
state-owned real property as an alternative to leasing non -state-
owned real property or purc hasing or constructing new real property.
If such existing state -owned real property is owned by the Oklahoma
Historical Society, is listed on the National Register of Historic
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Places or with the National Trust for Historic Prese rvation, or is
potentially of historical significance, the Office of Management and
Enterprise Services shall notify the Oklahoma Historical Society and
obtain its approval prior to approving an applicati on for its reuse.
F. No state agency, board, commis sion or public trust havin g
the state as its beneficiary shall transfer any real property owned
by the agency, board, commission or trust to any other state agency,
board, commission, state beneficiary tr ust or any public or private
entity unless the trans fer is first approved by t he Long-Range
Capital Planning Commission. Any transfer made without the prior
approval of the Long -Range Capital Planning Commission as required
by this subsection may be rever sed by the Long-Range Capital
Planning Commission an d if a transfer is reverse d the agency, board,
commission, state beneficiary trust or other state government entity
to which the real property has been impermissibly transferred shall
take such actions to convey the subject property to the entity from
which the asset was acquired n ot later than thirty (30) days from
the date an order for such transfer is entered by the Long -Range
Capital Planning Commission. The Commission shall not approve any
transfer unless proceeds from the sale shall be deposited with in the
Maintenance of State Buildings Revolving Fund as established by
Section 908 of Title 62 of the Oklahoma Statutes.
G. By February 1 of each year, the Office of Management and
Enterprise Services sh all publish a report for the preceding
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calendar year listing the parcels of pr eviously state-owned property
sold, detailing the reduction in the amount of space leased by the
state, describing the source of funds and expenditures from the
Maintenance of State Buildings Revolving Fund and showing the manner
in which deferred maintena nce needs are being met. The report shall
be provided to the Governor, Speaker of the House of
Representatives, President Pro Tempore of the Senate and placed on
the documents.ok.gov web portal.
H. This section shall not be appl icable to the following or
their lands, properties, buildings, funds or revenue:
1. The Oklahoma Ordnance Works Authority;
2. The Commissioners of the Land Office;
3. The Oklahoma Department of Transpo rtation; and
4. The Oklahoma Turnpike Authority ; and
5. The Grand River Dam Authorit y.
I. The Director of the Office of Management and Enterprise
Services may make recommendations to the Long -Range Capital Planning
Commission for liquidation of underuti lized properties that have
environmental issues, cre ate a liability for the state, or create
expenses that make the continued ownership of the underutilized
property undesirable and the property has been offered through two
public auctions or sealed bids a nd no viable bids were received. If
the Long-Range Capital Planning Commission approv es the liquidation
of the property, the Office of Management and Enterprise Services
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may accept a bid of less than ninety percent (90%) of the appraised
value in accordance with Section 327 of Title 61 of the Oklahoma
Statutes.
SECTION 2. This act shall become effective July 1, 2023.
SECTION 3. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason where of this act shall take effect and
be in full force from and after its passage and approval.
COMMITTEE REPORT BY: COMMITTEE ON GENERAL GOVERNMENT
February 9, 2023 - DO PASS