32 | 27 | | |
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33 | 28 | | ENGROSSED HOUSE |
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34 | 29 | | BILL NO. 1420 By: West (Josh) of the House |
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35 | 30 | | |
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36 | 31 | | and |
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37 | 32 | | |
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38 | 33 | | Bergstrom of the Senate |
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39 | 34 | | |
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40 | 35 | | |
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41 | 36 | | |
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42 | 37 | | |
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43 | 38 | | An Act relating to state government; amending 74 O.S. |
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44 | 39 | | 2021, Section 61.8, which relates to reduction of |
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45 | 40 | | property owned and leased by the state; modifying |
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46 | 41 | | exemption from section; and providing an effective |
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47 | 42 | | date. |
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48 | 43 | | |
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49 | 44 | | |
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50 | 45 | | |
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51 | 46 | | |
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52 | 47 | | |
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53 | 48 | | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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54 | 49 | | SECTION 1. AMENDATORY 74 O.S. 2021, Section 61.8, is |
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55 | 50 | | amended to read as follows: |
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56 | 51 | | Section 61.8. A. The Long -Range Capital Planning Commission |
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57 | 52 | | shall work to decrease the amount of property owned by Oklahoma |
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58 | 53 | | state government, return state -owned property to private sector |
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59 | 54 | | ownership, better maintain and utilize the state's needed capital |
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60 | 55 | | assets and, whenever possible, elimi nate the practice of state |
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61 | 56 | | agencies leasing real prop erty not owned by the state. |
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62 | 57 | | B. Each year, the Director of the Office of Management and |
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63 | 58 | | Enterprise Services at the direction of the Long -Range Capital |
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64 | 59 | | Planning Commission, shall take action to approve t he privatization |
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94 | 88 | | from the liquidation of real properties shall be deposited into the |
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95 | 89 | | Maintenance of State Buildings Rev olving Fund. |
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96 | 90 | | C. Prior to entering into or renewing a lease for real |
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97 | 91 | | property, each state agency, board, commission, and public trust |
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98 | 92 | | having the State of Oklahoma as a beneficiary shall receive approval |
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99 | 93 | | for entering into the lease from the Office of Manage ment and |
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100 | 94 | | Enterprise Services. |
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101 | 95 | | D. Prior to making a purchase of real property or constructing |
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102 | 96 | | a building, each state agency, board, commission, and public trust |
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103 | 97 | | having the State of Oklahoma as a beneficiary shall receive approval |
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104 | 98 | | for the purchase or constr uction from the Director of the Office of |
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105 | 99 | | Management and Enterprise Services; provided, if such purchase or |
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106 | 100 | | construction is deemed by the Director of the Office of Management |
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107 | 101 | | and Enterprise Services to be within the authority of the Long -Range |
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108 | 102 | | Capital Planning Commission, the Director shall not approve the |
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109 | 103 | | purchase or construction and shall refer the request to the |
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110 | 104 | | Commission for action. |
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111 | 105 | | E. Prior to approval or referral pursuant to subsection C or D |
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112 | 106 | | of this section, the Office of Management and Enterprise Services |
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113 | 107 | | shall determine if the applicant entity can utilize already existing |
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114 | 108 | | state-owned real property as an alternative to leasing non -state- |
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115 | 109 | | owned real property or purchasing or constructing new real property. |
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145 | 138 | | Places or with the National Trust for Historic Preservation, or is |
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146 | 139 | | potentially of historical significance, the Office of Management and |
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147 | 140 | | Enterprise Services shall no tify the Oklahoma Historical Society and |
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148 | 141 | | obtain its approval prior to approving an application for its reuse. |
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149 | 142 | | F. No state agency, board, commission or public trust having |
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150 | 143 | | the state as its beneficiary shall transfer any real property owned |
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151 | 144 | | by the agency, board, commission or trust to any other state agency, |
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152 | 145 | | board, commission, state beneficiary trust or any public or private |
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153 | 146 | | entity unless the transfer is first approved by the Long -Range |
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154 | 147 | | Capital Planning Commission. Any transfer made without the prior |
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155 | 148 | | approval of the Long-Range Capital Planning Commission as r equired |
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156 | 149 | | by this subsection may be reversed by the Long -Range Capital |
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157 | 150 | | Planning Commission and if a transfer is reversed the agency, board, |
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158 | 151 | | commission, state beneficiary trust or other state government ent ity |
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159 | 152 | | to which the real property has been impermissibly transferred shall |
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160 | 153 | | take such actions to convey the subject property to the entity from |
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161 | 154 | | which the asset was acquired not later than thirty (30) days from |
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162 | 155 | | the date an order for such transfer is entered by the Long-Range |
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163 | 156 | | Capital Planning Commission. The Comm ission shall not approve any |
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164 | 157 | | transfer unless proceeds from the sale shall be deposited within the |
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165 | 158 | | Maintenance of State Buildings Revolving Fund as established by |
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166 | 159 | | Section 908 of Title 62 of the Oklahoma S tatutes. |
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196 | 188 | | calendar year listing the parcels of previously state -owned property |
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197 | 189 | | sold, detailing the reduction in the amount of space lea sed by the |
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198 | 190 | | state, describing the source of funds and expenditures from the |
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199 | 191 | | Maintenance of State Buildings Revolving Fund and showing the manner |
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200 | 192 | | in which deferred maintenance needs are being met. The report shall |
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201 | 193 | | be provided to the Governor, Speaker of the House of |
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202 | 194 | | Representatives, President Pro Tempore of the Senate and placed on |
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203 | 195 | | the documents.ok.gov web portal. |
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204 | 196 | | H. This section shall not be applicable to the following or |
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205 | 197 | | their lands, properties, buildings, funds or revenue: |
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206 | 198 | | 1. The Oklahoma Ordnance Works Authority; |
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207 | 199 | | 2. The Commissioners of the Land Office; |
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208 | 200 | | 3. The Oklahoma Department of Transportation; and |
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209 | 201 | | 4. The Oklahoma Turnpike Authority ; and |
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210 | 202 | | 5. The Grand River Dam Authority . |
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211 | 203 | | I. The Director of the Office of Management and Enterprise |
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212 | 204 | | Services may make recommendations to the Long -Range Capital Planning |
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213 | 205 | | Commission for liquidation of underutilized properties that have |
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214 | 206 | | environmental issues, create a liability for the state, or create |
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215 | 207 | | expenses that make the continued ownership of the underutilized |
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216 | 208 | | property undesirable and the property has been offered throu gh two |
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217 | 209 | | public auctions or sealed bids and no viable bids were received. If |
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