Oklahoma 2024 2024 Regular Session

Oklahoma House Bill HB4067 Amended / Bill

Filed 02/14/2024

                     
 
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HOUSE OF REPRESENTATIVES - FLOOR VERSION 
 
STATE OF OKLAHOMA 
 
2nd Session of the 59th Legi slature (2024) 
 
HOUSE BILL 4067 	By: Wallace of the House 
 
   and 
 
  Hall of the Senate 
 
 
 
 
 
AS INTRODUCED 
 
An Act relating to state property; amending 62 O.S. 
2021, Section 908, as amended by Section 1, Chapter 
188, O.S.L. 2023 (62 O.S. Sup p. 2023, Section 908), 
which relates to the Oklahoma State Government Asset 
Reduction and Cost Savings Program; modifying reven ue 
source for the Maintenance of State Buildings 
Revolving Fund; amending 74 O.S. 2021, Section 61.8, 
which relates to long -range capital planning; 
directing certain liquidation proceeds to the Legacy 
Capital Financing Fund; and providing an effective 
date. 
 
 
 
 
 
BE IT ENACTED BY THE PEOPLE OF T HE STATE OF OKLAHOMA: 
SECTION 1.     AMENDATORY     62 O.S. 2021, Section 908, as 
amended by Section 1, Chapter 188, O.S.L. 2023 (62 O.S. Supp. 2023, 
Section 908), is amended to read as follows: 
Section 908. A.  There is hereby establish ed the Oklahoma State 
Government Asset Reduction and Cost Savings Program.   
 
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B.  No later than December 31 each year, the Di rector of the 
Office of Management and Enterprise Services shall publish a 
comprehensive report detailing state -owned properties. 
C.  The report mandated in accordance with the provisions of 
this section shall list th e five percent (5%) most underutilized 
state-owned properties.  The report shall describe the value of 
properties falling within the description in this subsection, assess 
the potential for purchase should the properties be offered for 
sale, and describe the impact on local-level tax rolls in t he event 
the properties are purchased by a nongovernmental entity. 
D.  The Director of the Office of Management and Enterprise 
Services shall promulgate rules establishing procedures by which 
each state agency, board, commission, and public trust having th e 
state as a beneficiary, excluding those otherwise exempted under 
Section 327 of Title 61 of the Oklahoma Statutes, shall submit the 
necessary data to the Office of Management and Enterprise Services 
for the development of this report. 
E.  State agencies, boards, commiss ions, and public trusts 
having the state as a beneficiary shall comply with procedures 
promulgated pursuant to the ter ms of this section. 
F.  The report and data collected pu rsuant to this section shal l 
be published as a data feed on the data.ok.gov website. 
G.  In addition to the requirements of subsection C of this 
section, the Office of Management and Enterprise Servic es may make   
 
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recommendations for the sale of other state -owned properties based 
upon the value of the property and the potentia l for net gain for 
the state based upon the data obtained for the Oklahoma State 
Government Asset Reduction and Cost Savings Progr am. 
H. There is hereby created the Maintenance of State Buildings 
Revolving Fund.  The fund shall be a continuing fund, not subject to 
fiscal year limitations, and shall serve as the depository for 
proceeds from the sale of state -owned properties pursuant to the 
Oklahoma State Government Asset Reduction and Co st Savings Program.  
The fund shall further consist of monies appropr iated thereto and 
other funds designated for deposit therein consist of all monies 
received and directed for deposit in accordance with law. All 
monies accruing to the credit of the fund are hereby appropriated 
and may be expended exclusively for maintaining and re pairing state-
owned properties and buildings pursuant to the procedur es set forth 
in Section 901.1 of Title 62 of the Okl ahoma Statutes and for 
acquisition of information technology tools or resources tha t state 
agencies, boards, commissions , and public trusts having the state as 
a beneficiary shall use in carrying out their obligations in 
accordance with this act.  The tota l expenditure for information 
technology resources shall not exceed One Hundred Tho usand Dollars 
($100,000.00).  Expe nditures from the fund shall b e made upon 
warrants issued by the State Treasurer against claims filed as 
prescribed by law with the Directo r of the Office of Management and   
 
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Enterprise Services for approval and payment.  Ex penditures from the 
Maintenance of State Buildings Revolving Fun d shall be detailed in a 
data feed and made available through the data.ok.gov web portal. 
I.  The Director of the Office of Management and Enterprise 
Services shall notify entities found by th e Office to be out of 
compliance with the reporting provisions o f this section in writing. 
J.  This section shall not be applicable to the foll owing or 
their lands, properti es, buildings, funds, or revenue: 
1.  The Oklahoma Ordnance Works Authority; 
2.  The Commissioners of the Land O ffice; and 
3.  Institutions com prising The Oklahoma State System of Higher 
Education, except as to the data reporting requirements in this 
section. 
K. The report required in subsection B of this section shall 
include an indication of whether a property is owned by the Oklahoma 
Historical Society, is listed on the National Register of Historic 
Places or with the Natio nal Trust for Historic Preserv ation, or is 
potentially of historical significance.  The Office of Management 
and Enterprise Services shall n otify the Oklahoma Historical Soc iety 
and obtain its appro val prior to the sale of any such property. 
 
SECTION 2.     AMENDATORY    74 O.S. 2021, Section 61.8, is 
amended to read as follows:   
 
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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 the 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 and 
Enterprise Services at the direction 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 
from the liquidation of real properties shall be deposited into the 
Maintenance of State Buildings Revolving Fund Legacy Capital 
Financing 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 as a be neficiary shall receive a pproval 
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, bo ard, commission, and public trust 
having the State of Oklahoma 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   
 
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construction is deemed by the Director of the Office of Manage ment 
and Enterprise Servi ces 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 o r 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 le asing non-state-
owned real property or purc hasing or constructing ne w real property.  
If such existing state -owned real property is owned by the Oklahoma 
Historical Society, is listed on the National Register of Historic 
Places or with the National Trust f or Historic Preservation, or is 
potentially of historical significan ce, the Office of Management and 
Enterprise Services shall notify the Oklahoma Historical Society and 
obtain its approval prior to approving an application for its reuse. 
F.  No state agency, board, commission or public trust havin g 
the state as its benefi ciary shall transfer any real property owned 
by the agency, board, commission or trust to any other state agency, 
board, commission, state 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   
 
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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) 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 within the 
Maintenance of State Buildings Revolving Fun d as established by 
Section 908 of Title 62 of the Oklahoma Statutes Legacy Capital 
Financing Fund. 
G.  By February 1 of each year, the Office of Management and 
Enterprise Services shall p ublish a report for the preceding 
calendar year listing the parcels of previously 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 B uildings Revolving Fund and showing the manner 
in which deferred mai ntenance 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 applicable to the followi ng or 
their lands, properties, buildings, funds or revenue: 
1.  The Oklahoma Ordnance Works Authority;   
 
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2.  The Commissioners of the Land Office; 
3.  The Oklahoma Department of Transportati on; and 
4.  The Oklahoma Turnpike Authority. 
I.  The Director of the Office of Management and Enterprise 
Services may make recommendations to the Long -Range Capital Planning 
Commission for liquidation of underutilized properties that have 
environmental issues, create 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 and no viable bids were received.  If 
the Long-Range Capital Planning Commission approves the liquidation 
of the property, the Office of Management and Enterprise Services 
may accept a bid of less than ninety percent (90%) of the appraised 
value in accordance with Section 327 of Title 61 of the Oklah oma 
Statutes. 
SECTION 3.  This act shall becom e effective November 1, 2024. 
 
COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS AND BUDGET, dated 
02/08/2024 - DO PASS, As Coauthored.