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SENATE FLOOR VERSION
February 19, 2025
SENATE BILL NO. 36 By: Bergstrom
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 maintain and utilize the state ’s needed capital
assets, and, whenever possible, eliminate the practice of state
agencies leasing real pro perty 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
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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 i nto 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, board, commission, and public trust
having the State of Oklahoma state as a beneficiary shal l 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 referral pursuant to subsection C or D
of this section, the Office of Management and Enterprise Services
shall determine if the applica nt 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
Historical Society, is listed on the National Register of Historic
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Places or with the National Trust for Historic Preservation, or is
potentially of historical significance, the Office o f Management and
Enterprise Services shall notify the Oklahoma Historical Society an d
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 tra nsfer 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 the Long -
Range Capital Planning Commiss ion. Any transfer made without the
prior approval of the Long -Range Capital Plannin g Commission as
required by this subsection may be reversed by the Long -Range
Capital Planning Commission and if a transfer 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 was acquired not later than
thirty (30) days from t he date an order for such transfer is entered
by the Long-Range Capital Planning Com mission. The Commission shall
not approve any transfer unless proceeds from the sale shall be
deposited within the Maintenance of State Buildings Revolving Fund
as 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
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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 so urce 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 Governor, 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 to the following or
their lands, properties, buildi ngs, 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 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 propert y 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
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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 ne cessary 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.
COMMITTEE REPORT BY: COMMITTEE ON RETIR EMENT AND GOVERNMENT
RESOURCES
February 19, 2025 - DO PASS