Oklahoma 2025 Regular Session

Oklahoma House Bill HB2439 Compare Versions

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Version 2 (New)

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3		-	ENGR. H. B. NO. 2439 Page 1 1
	3	+	HB2439 HFLR Page 1
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28		-	ENGROSSED HOUSE
29		-	BILL NO. 2439 By: Fettgatter of the House
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
	30	+
	31	+	STATE OF OKLAHOMA
	32	+
	33	+	1st Session of the 60th Legislature (2025)
	34	+
	35	+	HOUSE BILL 2439 By: Fettgatter of the House
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31	37		and
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33	39		Jech of the Senate
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	45	+	AS INTRODUCED
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40	47		An Act relating to Oklahoma Historical Society;
41	48		amending 62 O.S. 2021, Section 908, as amended by
42	49		Section 1, Chapter 188, O.S.L. 2023 (62 O.S. Supp.
43	50		2024, Section 908), which relates to the Oklahoma
44	51		State Government Asset Reduction and Cost Savings
45	52		Program; exempting the Oklahoma Historical Society
46	53		from the program; amending 74 O.S. 2021, Section
47	54		61.8, which relates to Long -Range Capital Planning
48	55		Commission; exempting the Oklahoma Historical
49	56		Society; and providin g an effective date.
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54	61		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
55	62		SECTION 1. AMENDATORY 62 O.S. 2021, Section 908, as
56	63		amended by Section 1, Chapter 188, O.S.L. 2023 (62 O.S. Supp. 2024,
57	64		Section 908), is amended to read as follows:
58	65		Section 908. A. There is hereby established the Oklahoma State
59	66		Government Asset Reduction and Cost Savings Program.
60		-	B. No later than December 31 each year, the Director of the
61		-	Office of Management and Enterprise Services shall publish a
62		-	comprehensive report d etailing state-owned properties.
63		-	C. The report mandated in accordance with the provisions of
64		-	this section shall list the five percent (5%) most underutilized
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66		-	ENGR. H. B. NO. 2439 Page 2 1
	68	+	HB2439 HFLR Page 2
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	94	+	B. No later than December 31 each year , the Director of the
	95	+	Office of Management and Enterprise Services shall publi sh a
	96	+	comprehensive report detailing state -owned properties.
	97	+	C. The report mandated in accor dance with the provisions of
	98	+	this section shall list the five percent (5%) most underu tilized
91	99		state-owned properties. The report shall describe the value of
92	100		properties falling within the description in this subsection, assess
93	101		the potential for purchase sh ould the properties be offered for
94	102		sale, and describe the impact on local -level tax rolls in the event
95	103		the properties are purchased by a nongovernmental entity.
96	104		D. The Director of the Office of Management and Enterprise
97	105		Services shall promulgate rules est ablishing procedures by which
98	106		each state agency, board, commission, and public trust h aving the
99	107		state as a beneficiary, excluding those otherwise exempted under
100	108		Section 327 of Title 61 of the Oklahoma Statutes, shall submit the
101	109		necessary data to the Office of Management and Enterprise Services
102	110		for the development of this report.
103	111		E. State agencies, boards, commissions, and public trusts
104	112		having the state as a benefici ary shall comply with procedures
105	113		promulgated pursuant to the terms of this section.
106	114		F. The report and data collected pursuant to this section shall
107	115		be published as a data feed o n the data.ok.gov website.
108	116		G. In addition to the requirements of subsection C of this
109	117		section, the Office of Management and Enterprise Services may make
110		-	recommendations for the sale of other state -owned properties based
111		-	upon the value of the property and the potential for net gain for
112		-	the state based upon the data obtained for the Oklahoma State
113		-	Government Asset Reduction and Cost Savings Program.
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115		-	ENGR. H. B. NO. 2439 Page 3 1
	119	+	HB2439 HFLR Page 3
	120	+	BOLD FACE denotes Committee Amendments. 1
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	145	+	recommendations for the sale of other state -owned properties based
	146	+	upon the value of the property and the potential for net gain for
	147	+	the state based upon the data obtained for the Oklahoma State
	148	+	Government Asset Reduction and Cost Savings Program.
140	149		H. There is hereby crea ted the Maintenance of State Buildings
141	150		Revolving Fund. The fund shall be a continuing fund, not subject to
142	151		fiscal year limitations, and shall serve as the depository for
143	152		proceeds from the sale of state -owned properties pursuant to the
144	153		Oklahoma State Gover nment Asset Reduction and Cost Savings Program.
145	154		The fund shall further consist of mon ies appropriated thereto and
146	155		other funds designated for deposit therein. All monies accruing to
147	156		the credit of the fund are hereby appropriated and may be expended
148	157		exclusively for maintaining and repairing state -owned properties and
149	158		buildings pursuant to t he procedures set forth in Section 901.1 of
150	159		Title 62 of the Oklahoma Statutes this title and for acquisition of
151	160		information technology tools or resources that state agenc ies,
152	161		boards, commissions, and public trusts having the state as a
153	162		beneficiary shall us e in carrying out their obligations in
154	163		accordance with this act. The total ex penditure for information
155	164		technology resources shall not exceed One Hundred Thousand Dollars
156	165		($100,000.00). Expenditures from the fund shall be made upon
157	166		warrants issued by the State Treasurer against claims filed as
158	167		prescribed by law with the Director of the Office of Management and
159	168		Enterprise Services for approval and payment. Expenditures fr om the
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	170	+	HB2439 HFLR Page 4
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160	196		Maintenance of State Buildings Revolving Fund shall be detailed in a
161	197		data feed and made available through the data.ok.gov web portal.
	198	+	I. The Director of the Office of Management and Enterprise
	199	+	Services shall notify entities found by the Office to b e out of
	200	+	compliance with the reporting provisions of this section in writing.
	201	+	J. This section shall not be applicable to the following or
	202	+	their lands, properties, buildings, funds, or revenue:
	203	+	1. The Oklahoma Ordnance Works Authority;
	204	+	2. The Commissioners of the Land Office; and
	205	+	3. Institutions comprising The Oklahoma State System of Hi gher
	206	+	Education, except as to the data reporting requirements in this
	207	+	section; and
	208	+	4. The Oklahoma Historical Society .
	209	+	K. The report required in subsection B of this sec tion shall
	210	+	include an indication of whether a property is owned by the Oklahoma
	211	+	Historical Society, is listed on the National Register of Historic
	212	+	Places or with the National Trust for Historic Preservation, or is
	213	+	potentially of historical significance. T he Office of Management
	214	+	and Enterprise Services shall notify the Oklahoma Historical S ociety
	215	+	and obtain its approval prior to the sale of any such property.
	216	+	SECTION 2. AMENDATORY 74 O.S. 2021, Section 61.8, is
	217	+	amended to read as f ollows:
	218	+	Section 61.8. A. The Long-Range Capital Planning Commission
	219	+	shall work to decrease the amount of property owned by Oklahoma
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163		-	ENGR. H. B. NO. 2439 Page 4 1
	221	+	HB2439 HFLR Page 5
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	247	+	state government, return state -owned property to private sector
	248	+	ownership, better maintain and utilize the state 's needed capital
	249	+	assets and, whenever possible, eliminate the practice of state
	250	+	agencies leasing real property not owned by the state.
	251	+	B. Each year, the Director of the Off ice of Management and
	252	+	Enterprise Services at the direction of the Long -Range Capital
	253	+	Planning Commission, shall take action to approve the privatization
	254	+	of state-owned real property as identified pursuant to the Oklahoma
	255	+	State Government Asset Reduction and Cost Savings Program. Proceeds
	256	+	from the liquidation of real properties shall be deposited into the
	257	+	Maintenance of State Buildings Revolving Fund.
	258	+	C. Prior to entering into or renewing a lease for real
	259	+	property, each state agency, board, commission, and public trust
	260	+	having the State of Oklahoma as a beneficiary shall receive approval
	261	+	for entering into the lease from the Office of Management and
	262	+	Enterprise Services.
	263	+	D. Prior to making a purchase of real property or constructing
	264	+	a building, each state agency, board, commission, and public trust
	265	+	having the State of Oklahoma as a beneficiary shall receive approval
	266	+	for the purchase or construction from the Director of the Office of
	267	+	Management and Enterprise Services; provided, if such purchase or
	268	+	construction is deemed by the Director of the Office of Management
	269	+	and Enterprise Services to be within the authority of the Long -Range
	270	+	Capital Planning Commission, the Director shall not ap prove the
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	272	+	HB2439 HFLR Page 6
	273	+	BOLD FACE denotes Committee Amendments. 1
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	298	+	purchase or construction and shall refer the request to the
	299	+	Commission for action.
	300	+	E. Prior to approval or referral pursuant to subsection C or D
	301	+	of this section, the Office of Management and Enterprise Services
	302	+	shall determine if the applicant entity can utilize already existing
	303	+	state-owned real property as an alternativ e to leasing non-state-
	304	+	owned real property or purchasing or constructing new real property.
	305	+	If such existing state -owned real property is owned by the Oklahoma
	306	+	Historical Society, is listed on the National Register of Historic
	307	+	Places or with the National Trust for Historic Preservation, or is
	308	+	potentially of historical significance, the Office of Management and
	309	+	Enterprise Services shall notify the Oklahoma Historical Society and
	310	+	obtain its approval prior to approving an application for its reuse.
	311	+	F. No state agency, board, commission or public trust having
	312	+	the state as its beneficiary shall trans fer any real property owned
	313	+	by the agency, board, commission or trust to any other sta te agency,
	314	+	board, commission, state beneficiary trust or any public or private
	315	+	entity unless the transfer is first approved by the Long -Range
	316	+	Capital Planning Commission. Any transfer made without the prior
	317	+	approval of the Long -Range Capital Planning Comm ission as required
	318	+	by this subsection may be reversed by the Long -Range Capital
	319	+	Planning Commission and if a transfer is reversed the agency, board,
	320	+	commission, state ben eficiary trust or other state government entity
	321	+	to which the real property has been im permissibly transferred shall
	322	+
	323	+	HB2439 HFLR Page 7
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	349	+	take such actions to convey the subject property to the entity from
	350	+	which the asset was acquired not later than thirty (30) days from
	351	+	the date an order for such transfer is entered by the Long -Range
	352	+	Capital Planning Commission . The Commission shall not approve any
	353	+	transfer unless proceeds from the sale shall be deposited within the
	354	+	Maintenance of State Buildings Revolving Fund as established by
	355	+	Section 908 of Title 62 of the Oklahoma Statutes.
	356	+	G. By February 1 of each year, t he Office of Management and
	357	+	Enterprise Services shall publish a report for the preceding
	358	+	calendar year listing the parcels of previously state -owned property
	359	+	sold, detailing the reduction in the amount of space leased by the
	360	+	state, describing the source of funds and expenditures from the
	361	+	Maintenance of State Buildings Revolving Fund and showing the manner
	362	+	in which deferred maintenance needs are being met. The report shall
	363	+	be provided to the Governor, Speaker of the House of
	364	+	Representatives, President Pro T empore of the Senate and placed on
	365	+	the documents.ok.gov web portal.
	366	+	H. This section shall not be applicable to the following or
	367	+	their lands, properties, buildings, funds or revenue:
	368	+	1. The Oklahoma Ordnance Works Authority;
	369	+	2. The Commissioners of the L and Office;
	370	+	3. The Oklahoma Department of Transportation; and
	371	+	4. The Oklahoma Turnpike Authority ; and
	372	+	5. The Oklahoma Historical Society .
	373	+
	374	+	HB2439 HFLR Page 8
	375	+	BOLD FACE denotes Committee Amendments. 1
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188	400		I. The Director of the Offic e of Management and Enterprise
189		-	Services shall notify entities found by the Office to be out of
190		-	compliance with the reporting provisions of this section in writing.
191		-	J. This section shall not be applicable to the following or
192		-	their lands, properties, buildings, funds, or revenue:
193		-	1. The Oklahoma Ordnance Works Authority;
194		-	2. The Commissioners of the Land Office; and
195		-	3. Institutions comprising The Oklahoma State System of Higher
196		-	Education, except as to the da ta reporting requirements in this
197		-	section; and
198		-	4. The Oklahoma Histor ical Society.
199		-	K. The report required in subsection B of this section shall
200		-	include an indication of whether a property is owned by the Oklahoma
201		-	Historical Society, is listed on the Nati onal Register of Historic
202		-	Places or with the National Trust for Historic Preservation, or is
203		-	potentially of historical significance. The Office of Management
204		-	and Enterprise Services shall notify the Oklahoma Historical Society
205		-	and obtain its approval prio r to the sale of any such property.
206		-	SECTION 2. AMENDATORY 74 O.S. 2021, Section 61.8, is
207		-	amended to read as follows:
208		-	Section 61.8. A. The Long-Range Capital Planning Commission
209		-	shall work to decrease the amount of property owned by Oklahoma
210		-	state government, return state -owned property to private sector
211		-	ownership, better maintain and utilize the state 's needed capital
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238		-	assets and, whenever possible, eliminate the practice of state
239		-	agencies leasing real property not owned by the st ate.
240		-	B. Each year, the Director of the Office of Management and
241		-	Enterprise Services at the direction of the Long -Range Capital
242		-	Planning Commission, shall take action to approve the privatization
243		-	of state-owned real property as identified pursuant to the O klahoma
244		-	State Government Asset Reduction and Cost Savings Program. Proceeds
245		-	from the liquidation of real properties shall be deposited into the
246		-	Maintenance of State Buildings Revolving Fund.
247		-	C. Prior to entering into or renewing a lease for real
248		-	property, each state agency, board, commission, and public trust
249		-	having the State of Oklahoma as a beneficiary shall receive approval
250		-	for entering into the lease from the Office of Management and
251		-	Enterprise Services.
252		-	D. Prior to making a purchase of real property or constructing
253		-	a building, each state agency, board, commission, and public trust
254		-	having the State of Oklahoma as a beneficiary shall receive approval
255		-	for the purchase or construction from the Director of the Office of
256		-	Management and Enterprise Services; provided, if such purchase or
257		-	construction is deemed by the Director of the Office of Management
258		-	and Enterprise Services to be within the authority of the Long -Range
259		-	Capital Planning Commission, the Director shall not approve the
260		-	purchase or construction and shall refer the request to the
261		-	Commission for action.
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288		-	E. Prior to approval or referral pursuant to subsection C or D
289		-	of this section, the Office of Management and Enterprise Services
290		-	shall determine if the applicant entity can utilize already existing
291		-	state-owned real property as an alternative to leasing non -state-
292		-	owned real property or purchasing or constructing new real property.
293		-	If such existing state -owned real property is owned by the Oklahoma
294		-	Historical Society, is listed on the National Regist er of Historic
295		-	Places or with the National Trust for Historic Preservation, or is
296		-	potentially of historical significance, the Office of Management and
297		-	Enterprise Services shall notify the Oklahoma Historical Society and
298		-	obtain its approval prior to approvi ng an application for its reuse.
299		-	F. No state agency, board, commissio n or public trust having
300		-	the state as its beneficiary shall transfer any real property owned
301		-	by the agency, board, commission or trust to any other state agency,
302		-	board, commission, state beneficiary trust or any public or private
303		-	entity unless the transfer is first approved by the Long -Range
304		-	Capital Planning Commission. Any transfer made without the prior
305		-	approval of the Long -Range Capital Planning Commission as required
306		-	by this subsection may be reversed by the Long -Range Capital
307		-	Planning Commission and i f a transfer is reversed the agency, board,
308		-	commission, state beneficiary trust or other state government entity
309		-	to which the real property has been impermissibly transferred shall
310		-	take such actions to convey the subject property to the entity from
311		-	which the asset was acquired not later than thirty (30) days from
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338		-	the date an order for such transfer is entered by the Long -Range
339		-	Capital Planning Commission. The Commission shall not approve any
340		-	transfer unless proceeds from the sale shall be deposited within the
341		-	Maintenance of State Buildings Revolving Fund as established by
342		-	Section 908 of Title 62 of the Oklahoma Statutes.
343		-	G. By February 1 of each year, the Office of Management and
344		-	Enterprise Services shall publish a report for the preceding
345		-	calendar year listing the parcels of previously state -owned property
346		-	sold, detailing the reduction in the amount of space leased by the
347		-	state, describing the source of funds and expenditures from the
348		-	Maintenance of State Buildings Revolving Fund and showing the manner
349		-	in which deferred maintenance needs are being met. The report shall
350		-	be provided to the Governor, Speaker of the House of
351		-	Representatives, President Pro Tempore of the Senate and placed on
352		-	the documents.ok.gov web portal.
353		-	H. This section shall not be applicable to the following or
354		-	their lands, properties, buildings, funds or revenue:
355		-	1. The Oklahoma Ordnance Works Authority;
356		-	2. The Commissioners of the Land Office;
357		-	3. The Oklahoma Depart ment of Transportation; and
358		-	4. The Oklahoma Turnpike Authority ; and
359		-	5. The Oklahoma Historical Society .
360		-	I. The Director of the Office of Management and Enterprise
361	401		Services may make recommendations to the Long -Range Capital Planning
362		-
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388	402		Commission for liquidation of underutilized properties that have
389	403		environmental issues, create a liability for the state, or create
390	404		expenses that make the co ntinued ownership of the underutilized
391	405		property undesirable and the property has been offered through two
392	406		public auctions or sealed bids and no viable bids were rec eived. If
393	407		the Long-Range Capital Planning Commission approves the liquidation
394	408		of the property, the Office of Management and Enterprise Services
395	409		may accept a bid of less than nin ety percent (90%) of the appraised
396	410		value in accordance with Section 327 of Title 61 of the Oklahoma
397	411		Statutes.
398	412		SECTION 3. This act shall become effective November 1, 2025.
399		-	Passed the House of Representatives the 10th day of March, 2025.
400	413
401		-
402		-
403		-
404		-	Presiding Officer of the House
405		-	of Representatives
406		-
407		-
408		-
409		-	Passed the Senate the ___ day of __________, 2025.
410		-
411		-
412		-
413		-
414		-	Presiding Officer of the Senate
	414	+	COMMITTEE REPORT BY: COMMITTEE ON GOVERNMENT OVERSIGHT, dated
	415	+	03/04/2025 - DO PASS.