34 | 27 | | |
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35 | 28 | | ENGROSSED SENATE |
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36 | 29 | | BILL NO. 36 By: Bergstrom of the Senate |
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37 | 30 | | |
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38 | 31 | | and |
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39 | 32 | | |
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40 | 33 | | West (Josh) of the House |
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41 | 34 | | |
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42 | 35 | | |
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43 | 36 | | |
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44 | 37 | | |
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45 | 38 | | An Act relating to state government; amending 74 O.S. |
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46 | 39 | | 2021, Section 61.8, which relates to the Long -Range |
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47 | 40 | | Capital Planning Commission; exempting certain entity |
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48 | 41 | | from certain land and property requirements; updating |
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49 | 42 | | statutory language; and declaring an emergency . |
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50 | 43 | | |
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51 | 44 | | |
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52 | 45 | | |
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53 | 46 | | |
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54 | 47 | | |
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55 | 48 | | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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56 | 49 | | SECTION 1. AMENDATORY 74 O.S. 2021, Section 61.8, is |
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57 | 50 | | amended to read as follows: |
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58 | 51 | | Section 61.8. A. The Long -Range Capital Planning Commission |
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59 | 52 | | shall work to decrease the amount of property owned by Oklahoma |
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60 | 53 | | state government, return state -owned property to private sector |
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61 | 54 | | ownership, better maintain and utilize the state ’s needed capital |
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62 | 55 | | assets, and, whenever possible, eliminate the practice of state |
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63 | 56 | | agencies leasing real pro perty not owned by the state. |
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64 | 57 | | B. Each year, the Director of the Office of Management and |
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65 | 58 | | Enterprise Services, at the direction of the Long -Range Capital |
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96 | 88 | | from the liquidation of real properties shall be de posited into the |
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97 | 89 | | Maintenance of State Buildings Revolving Fund. |
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98 | 90 | | C. Prior to entering into or renewing a lease for real |
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99 | 91 | | property, each state agency, board, commission, and public trust |
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100 | 92 | | having the State of Oklahoma state as a beneficiary shall receive |
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101 | 93 | | approval for entering into the lease from the Office of Management |
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102 | 94 | | and Enterprise Services. |
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103 | 95 | | D. Prior to making a purchase of real property or constructing |
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104 | 96 | | a building, each state agency, board, commission, and public trust |
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105 | 97 | | having the State of Oklahoma state as a beneficiary shall receive |
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106 | 98 | | approval for the purchase or construction from the Director of the |
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107 | 99 | | Office of Management and Enterprise Services; provided, if such |
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108 | 100 | | purchase or construction is deemed by the Director of the Office of |
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109 | 101 | | Management and Enterprise Ser vices to be within the authority of the |
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110 | 102 | | Long-Range Capital Planning Commission, the Director shall not |
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111 | 103 | | approve the purchase or construction and shall refer the request to |
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112 | 104 | | the Commission for action. |
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113 | 105 | | E. Prior to approval or referral pursuant to subsection C or D |
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114 | 106 | | of this section, the Office of Management and Enterprise Services |
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115 | 107 | | shall determine if the applica nt entity can utilize already existing |
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116 | 108 | | state-owned real property as an alternative to leasing non -state- |
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147 | 138 | | Places or with the National Trust for Historic Preservation, or is |
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148 | 139 | | potentially of historical signific ance, the Office of Management and |
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149 | 140 | | Enterprise Services shall notify the Oklahoma Historical Society an d |
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150 | 141 | | obtain its approval prior to approving an application for its reuse. |
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151 | 142 | | F. No state agency, board, commission , or public trust having |
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152 | 143 | | the state as its ben eficiary shall transfer any real property owned |
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153 | 144 | | by the agency, board, commission , or trust to any other state |
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154 | 145 | | agency, board, commission, state beneficiary trust , or any public or |
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155 | 146 | | private entity unless the transfer is first approved by the Long - |
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156 | 147 | | Range Capital Planning Commission. Any transfer made without the |
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157 | 148 | | prior approval of the Long -Range Capital Plannin g Commission as |
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158 | 149 | | required by this subsection may be reversed by the Long -Range |
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159 | 150 | | Capital Planning Commission and if a transfer is reversed the |
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160 | 151 | | agency, board, commission, state beneficiary trust , or other state |
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161 | 152 | | government entity to which the real property has been impermissibly |
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162 | 153 | | transferred shall take such actions to convey the subject property |
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163 | 154 | | to the entity from which the asset was acquired not later than |
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164 | 155 | | thirty (30) days from the date an order for such transfer is entered |
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165 | 156 | | by the Long-Range Capital Planning Com mission. The Commission shall |
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166 | 157 | | not approve any transfer unless proceeds from the sale shall be |
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198 | 188 | | calendar year listing the parcels of previously state -owned property |
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199 | 189 | | sold, detailing the reduction in the amount of space leased by the |
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200 | 190 | | state, describing the so urce of funds and expenditures from the |
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201 | 191 | | Maintenance of State Buildings Revolving Fund , and showing the |
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202 | 192 | | manner in which deferred maintenance needs are bein g met. The |
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203 | 193 | | report shall be provided to the Governor, Speaker of the House of |
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204 | 194 | | Representatives, and President Pro Tempore of the Senate and placed |
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205 | 195 | | on the documents.ok.gov web portal. |
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206 | 196 | | H. This section shall not be applicable to the following or |
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207 | 197 | | their lands, properties, buildings, funds , or revenue: |
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208 | 198 | | 1. The Oklahoma Ordnance Works Authority; |
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209 | 199 | | 2. The Commissioners of the Land Office; |
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210 | 200 | | 3. The Oklahoma Department of Transportation; and |
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211 | 201 | | 4. The Oklahoma Turnpike Authority ; and |
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212 | 202 | | 5. The Grand River Dam Authority . |
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213 | 203 | | I. The Director of the Office of Management and Enterprise |
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214 | 204 | | Services may make recommendations to the Long -Range Capital Planning |
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215 | 205 | | Commission for liquidation of underutilized properties that have |
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216 | 206 | | environmental issues, create a liability for the state, or creat e |
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217 | 207 | | expenses that make the continued ownership of the underutilized |
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