Oklahoma 2023 Regular Session

Oklahoma Senate Bill SB415 Compare Versions

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3		-	SB415 HFLR Page 1
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	3	+	ENGR. S. B. NO. 415 Page 1 1
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29		-	HOUSE OF REPRESENTATIVES - FLOOR VERSION
30		-
31		-	STATE OF OKLAHOMA
32		-
33		-	1st Session of the 59th Legislature (2023)
34	27
35	28		ENGROSSED SENATE
36	29		BILL NO. 415 By: Pemberton of the Senate
37	30
38	31		and
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40	33		Moore of the House
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45	38		An Act relating to state government; amending 74 O.S.
46	39		2021, Section 61.8, which relates to the Long-Range
47	40		Capital Planning Commission; providing additional
48	41		exemption; updating statutory reference; and
49	42		providing an effective date .
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55	48		BE IT ENACTED BY THE PEOPLE OF THE ST ATE OF OKLAHOMA:
56	49		SECTION 1. AMENDATORY 74 O.S. 2021, Section 61.8, is
57	50		amended to read as follows:
58	51		Section 61.8. A. The Long-Range Capital Planning Commission
59	52		shall work to decrease the amount of property owned by Oklahoma
60	53		state government, return state-owned property to priva te sector
61	54		ownership, better maintain and utilize th e state’s needed capital
62	55		assets and, whenever possible, eliminate the practice of state
63	56		agencies leasing real property not owned by the state.
64	57		B. Each year, the Director of the Office of Management and
65	58		Enterprise Services at the direction of the Long -Range Capital
	59	+	Planning Commission, shall take action to approve the privatization
	60	+	of state-owned real property as identified pursuant to the Oklahoma
	61	+	State Government Asset Reduction and Cost Savings Program. Proceeds
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67		-	SB415 HFLR Page 2
68		-	BOLD FACE denotes Committee Amendments. 1
	63	+	ENGR. S. B. NO. 415 Page 2 1
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93		-	Planning Commission, shall take action to approve the privatization
94		-	of state-owned real property as identified pursuant to the Oklahoma
95		-	State Government Asset Reduction and Cost Savings Prog ram. Proceeds
96	88		from the liquidation of real properties s hall be deposited into th e
97	89		Maintenance of State Buildings Revolving Fund.
98	90		C. Prior to entering into or renewing a lease for real
99	91		property, each state agency , board, commission, and public trust
100	92		having the State of Oklahoma this state as a beneficiary shall
101	93		receive approval for en tering into the lease from the Office of
102	94		Management and Enterprise Services.
103	95		D. Prior to making a purchase of real property or cons tructing
104	96		a building, each state agency, board, commission, and public trust
105	97		having the State of Oklahoma this state as a beneficiary shall
106	98		receive approval for the purchase or construction from the Director
107	99		of the Office of Management and Enterprise Servic es; provided, if
108	100		such purchase or construction is deemed by the Director of the
109	101		Office of Management and Enterprise Services to be within the
110	102		authority of the Long-Range Capital Planning Commission, the
111	103		Director shall not approve the purchase or constructi on and shall
112	104		refer the request to the Commission for action .
113	105		E. Prior to approval or referral p ursuant to subsection C or D
114	106		of this section, the Office of Management and Enterprise Services
115	107		shall determine if the applicant entity can utilize already exist ing
116	108		state-owned real property as an alternative to leasing non-state-
	109	+	owned real property or purc hasing or constructing new r eal property.
	110	+	If such existing state-owned real property is owned by the Oklahoma
	111	+	Historical Society, is listed on the National Reg ister of Historic
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118		-	SB415 HFLR Page 3
119		-	BOLD FACE denotes Committee Amendments. 1
	113	+	ENGR. S. B. NO. 415 Page 3 1
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144		-	owned real property or purc hasing or constructing new r eal property.
145		-	If such existing state-owned real property is owned by the Oklahoma
146		-	Historical Society, is listed on the National Reg ister of Historic
147	138		Places or with the National Trust for His toric Preservation, or is
148	139		potentially of historical significance, the Office of Management and
149	140		Enterprise Services shall notify the Oklahoma Historical Society and
150	141		obtain its approval prior to appr oving an application for its reuse.
151	142		F. No state agency, bo ard, commission or public trust havin g
152	143		the state as its beneficia ry shall transfer any real property owned
153	144		by the agency, board, commission or trust to any other state agency,
154	145		board, commission, st ate beneficiary trust or any public or private
155	146		entity unless the transfer is first approved by t he Long-Range
156	147		Capital Planning Commission. Any transfer made without the prior
157	148		approval of the Long -Range Capital Planning Commission as required
158	149		by this subsection may be reversed by the Long-Range Capital
159	150		Planning Commission and if a transfer is reverse d the agency, board,
160	151		commission, state beneficiary trust or other state government entity
161	152		to which the real property has been impermissibly transferred shall
162	153		take such actions to convey the subject property to the entit y from
163	154		which the asset was acquired n ot later than thirty (30) da ys from
164	155		the date an order for such transfer is entered by the Long -Range
165	156		Capital Planning Commission. The Commission shall not appr ove any
166	157		transfer unless proceeds from the sale shall be dep osited within the
	158	+	Maintenance of State Buildings Revolving Fund a s established by
	159	+	Section 908 of Title 62 of the Oklahoma Statutes.
	160	+	G. By February 1 of each year, the Office of Management and
	161	+	Enterprise Services shall publish a report for the preceding
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168		-	SB415 HFLR Page 4
169		-	BOLD FACE denotes Committee Amendments. 1
	163	+	ENGR. S. B. NO. 415 Page 4 1
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194		-	Maintenance of State Buildings Revolving Fund a s established by
195		-	Section 908 of Title 62 of the Oklahoma Statutes.
196		-	G. By February 1 of each year, the Office of Management and
197		-	Enterprise Services shall publish a report for the preceding
198	188		calendar year listing the parcels of pr eviously state-owned property
199	189		sold, detailing the reduction in the amount of space leased by the
200	190		state, describing the source of funds and expenditures from the
201	191		Maintenance of State Buildings Revolving Fund and showing the manner
202	192		in which deferred maintena nce needs are being met. Th e report shall
203	193		be provided to the Governor, Speaker of the House of
204	194		Representatives, President Pro Tempore of the Senate and placed on
205	195		the documents.ok.gov web portal.
206	196		H. This section shall not be applicable to the following or
207	197		their lands, properties, bu ildings, funds or revenue:
208	198		1. The Oklahoma Ordnance Works Authority;
209	199		2. The Commissioners of the Land Office;
210	200		3. The Oklahoma Department of Transportation; and
211	201		4. The Oklahoma Turnpike Au thority; and
212	202		5. Institutions comprising The Oklahoma State System of Hi gher
213	203		Education.
214	204		I. The Director of the Office of Management and Enterprise
215	205		Services may make recommendations to the Long -Range Capital Planning
216	206		Commission for liquidation of underuti lized properties that have
217	207		environmental issues, create a liability for t he state, or create
	208	+	expenses that make the continued ownership of the underutilized
	209	+	property undesirable and the property has been offered through two
	210	+	public auctions or sealed bids a nd no viable bids were received. If
	211	+	the Long-Range Capital Planning Comm ission approves the liquidation
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219		-	SB415 HFLR Page 5
220		-	BOLD FACE denotes Committee Amendments. 1
	213	+	ENGR. S. B. NO. 415 Page 5 1
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245		-	expenses that make the continued ownership of the underutilized
246		-	property undesirable and the property has been offered through two
247		-	public auctions or sealed bids and no viable bids were received. If
248		-	the Long-Range Capital Planning Comm ission approves the liquidation
249	238		of the property, the Office of Management and Enterprise Services
250	239		may accept a bid of less th an ninety percent (90% ) of the appraised
251	240		value in accordance with Section 327 of Title 61 of the Ok lahoma
252	241		Statutes.
253	242		SECTION 2. This act shall become effective November 1, 2023.
	243	+	Passed the Senate the 13th day of March, 2023.
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255		-	COMMITTEE REPORT BY: COMMITTEE ON GENERAL GOVERNMENT, dated
256		-	04/11/2023 - DO PASS.
	245	+
	246	+
	247	+	Presiding Officer of the Senate
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	249	+
	250	+	Passed the House of Representatives the ____ day of __________,
	251	+	2023.
	252	+
	253	+
	254	+
	255	+	Presiding Officer of the House
	256	+	of Representatives
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