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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
ENGROSSED SENATE
BILL NO. 415 By: Pemberton of the Senate
and
Moore of the House
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; updating statutory reference; and
providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE ST ATE OF OKLAHOMA:
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 private sector
ownership, better maintain and utilize th e state’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 Director of the Office of Management a nd
Enterprise Services at the direction of the Long -Range Capital
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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 Prog ram. Proceeds
from the liquidation of real properties s hall be deposited into th e
Maintenance of State Buildings Revolving Fund.
C. Prior to entering into or renewing a lease for real
property, each state agency , board, commission, and public trust
having the State of Oklahoma this state as a beneficiary shall
receive approval for en tering into the lease from the Office of
Management and Enterprise Services.
D. Prior to making a purchase of real property or cons tructing
a building, each state agency, boa rd, 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 Servic es; provided, if
such purchase or construction is deemed by the Director 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 constructi on 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 exist ing
state-owned real property as an alternative to leasing non-state-
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owned real property or purc hasing or constructing new r eal property.
If such existing state-owned real property is owned by the Oklahoma
Historical Society, is listed on the National Reg ister of Historic
Places or with the National Trust for Historic Preservation, 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 appr oving an application for its reuse.
F. No state agency, board, commission or public trust havin g
the state as its beneficia ry shall transfer any real property owned
by the agency, board, commission or trust to any other state agency,
board, commission, st ate beneficiary trust or any public or private
entity unless the transfer 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 reversed by the Long-Range Capital
Planning Commission and 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) da ys from
the date an order for such transfer is entered by the Long -Range
Capital Planning Commission. The Commission shall not appr ove any
transfer unless proceeds from the sale shall be deposited within the
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Maintenance of State Buildings Revolving Fund a s 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 shall publish a report for the preceding
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. Th e 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 applicable to the following or
their lands, properties, bu ildings, funds or revenue:
1. The Oklahoma Ordnance Works Authority;
2. The Commissioners of the Land Office;
3. The Oklahoma Department of Transportation; and
4. The Oklahoma Turnpike Authority; and
5. Institutions comprising The Oklahoma State System of Hi gher
Education.
I. The Director of the Office of Management and Enterprise
Services may make recommendations to the Long -Range Capital Planning
Commission for liquidat ion of underutilized properties that have
environmental issues, create a liability for t he state, or create
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expenses that make the continued ownership of the underutilized
property undesirable and the property has been offered through two
public auctions or sealed bids and no viable bids were received. If
the Long-Range Capital Planning Comm ission approves the liquidation
of the property, the Office of Management and Enterprise Services
may accept a bid of less th an ninety percent (90% ) of the appraised
value in accordance with Section 327 of Title 61 of the Ok lahoma
Statutes.
SECTION 2. This act shall become effective November 1, 2023.
COMMITTEE REPORT BY: COMMITTEE ON GENERAL GOVERNMENT, dated
04/11/2023 - DO PASS.