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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
SENATE BILL 36 By: Bergstrom
AS INTRODUCED
An Act relating to state government; amending 74 O.S.
2021, Section 61.8, which relates to the Long -Range
Capital Planning Commission; exempting certain entity
from certain land and property requirements; updating
statutory language; and declaring an emergency .
BE IT ENACTED BY THE PEOPLE OF THE STATE 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 mai ntain 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 app rove the privatization
of state-owned real property as identified pursuant to the Oklahoma
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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.
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 state as a beneficiary shall receive
approval for entering into the lease from the Offi ce of Management
and Enterprise Services.
D. Prior to making a purchase of real property or constructing
a building, each state agency, board, commission, and public trust
having the State of Oklahoma state 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 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 construction and shall refer the request to
the Commission for action.
E. Prior to approval or r eferral pursuant to subsection C or 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 leasing non -state-
owned real property or purchasing or constructing new real property.
If such existing state -owned real property is owned by the Oklahoma
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Historical Society, is listed on the National Register 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 approving an application for its reuse.
F. No state agency, board, commission , or public trust having
the state as its beneficiary shall transfer any real property own ed
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 a pproved by the 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 transfe r is reversed 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 w as acquired not 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 Mainte nance of State Buildings Revolving Fund
as established by Section 908 of Titl e 62 of the Oklahoma Statutes.
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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 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 Buildings Revolving Fund , and showing the
manner in which deferred maintenance needs are being met. The
report shall be provided to the G overnor, Speaker of the House of
Representatives, and President Pro Tempore of the Senate and placed
on the documents.ok.gov web portal.
H. This section shall not be applicable t o the following or
their lands, properties, buildings, 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. The Grand River Dam Authority .
I. The Director of the Office of Management an d Enterprise
Services may make recommendations to the Long -Range Capital Planning
Commission for liquidation of underutilized properties that have
environmental issues, create a l iability 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
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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 Oklahoma
Statutes.
SECTION 2. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
60-1-99 RD 12/17/2024 1:39:48 PM