1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 HOUSE BILL 4067 By: Wallace
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6 AS INTRODUCED
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7 An Act relating to state property; amending 62 O.S.
7 2021, Section 908, as amended by Section 1, Chapter
8 188, O.S.L. 2023 (62 O.S. Supp. 2023, Section 908),
8 which relates to the Oklahoma State Government Asset
9 Reduction and Cost Savings Program; modifying revenue
9 source for the Maintenance of State Buildings
10 Revolving Fund; amending 74 O.S. 2021, Section 61.8,
10 which relates to long-range capital planning;
11 directing certain liquidation proceeds to the Legacy
11 Capital Financing Fund; and providing an effective
12 date.
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15 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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16 SECTION 1. AMENDATORY 62 O.S. 2021, Section 908, as
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17 amended by Section 1, Chapter 188, O.S.L. 2023 (62 O.S. Supp. 2023,
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18 Section 908), is amended to read as follows:
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19 Section 908. A. There is hereby established the Oklahoma State
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20 Government Asset Reduction and Cost Savings Program.
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21 B. No later than December 31 each year, the Director of the
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22 Office of Management and Enterprise Services shall publish a
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23 comprehensive report detailing state-owned properties.
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 1 C. The report mandated in accordance with the provisions of
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2 this section shall list the five percent (5%) most underutilized
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3 state-owned properties. The report shall describe the value of
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4 properties falling within the description in this subsection, assess
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5 the potential for purchase should the properties be offered for
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6 sale, and describe the impact on local-level tax rolls in the event
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7 the properties are purchased by a nongovernmental entity.
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8 D. The Director of the Office of Management and Enterprise
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9 Services shall promulgate rules establishing procedures by which
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10 each state agency, board, commission, and public trust having the
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11 state as a beneficiary, excluding those otherwise exempted under
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12 Section 327 of Title 61 of the Oklahoma Statutes, shall submit the
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13 necessary data to the Office of Management and Enterprise Services
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14 for the development of this report.
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15 E. State agencies, boards, commissions, and public trusts
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16 having the state as a beneficiary shall comply with procedures
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17 promulgated pursuant to the terms of this section.
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18 F. The report and data collected pursuant to this section shall
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19 be published as a data feed on the data.ok.gov website.
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20 G. In addition to the requirements of subsection C of this
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21 section, the Office of Management and Enterprise Services may make
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22 recommendations for the sale of other state-owned properties based
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23 upon the value of the property and the potential for net gain for
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 1 the state based upon the data obtained for the Oklahoma State
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2 Government Asset Reduction and Cost Savings Program.
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3 H. There is hereby created the Maintenance of State Buildings
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4 Revolving Fund. The fund shall be a continuing fund, not subject to
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5 fiscal year limitations, and shall serve as the depository for
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6 proceeds from the sale of state-owned properties pursuant to the
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7 Oklahoma State Government Asset Reduction and Cost Savings Program.
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8 The fund shall further consist of monies appropriated thereto and
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9 other funds designated for deposit therein consist of all monies
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10 received and directed for deposit in accordance with law. All
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11 monies accruing to the credit of the fund are hereby appropriated
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12 and may be expended exclusively for maintaining and repairing state-
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13 owned properties and buildings pursuant to the procedures set forth
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14 in Section 901.1 of Title 62 of the Oklahoma Statutes and for
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15 acquisition of information technology tools or resources that state
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16 agencies, boards, commissions, and public trusts having the state as
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17 a beneficiary shall use in carrying out their obligations in
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18 accordance with this act. The total expenditure for information
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19 technology resources shall not exceed One Hundred Thousand Dollars
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20 ($100,000.00). Expenditures from the fund shall be made upon
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21 warrants issued by the State Treasurer against claims filed as
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22 prescribed by law with the Director of the Office of Management and
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23 Enterprise Services for approval and payment. Expenditures from the
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 1 Maintenance of State Buildings Revolving Fund shall be detailed in a
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2 data feed and made available through the data.ok.gov web portal.
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3 I. The Director of the Office of Management and Enterprise
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4 Services shall notify entities found by the Office to be out of
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5 compliance with the reporting provisions of this section in writing.
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6 J. This section shall not be applicable to the following or
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7 their lands, properties, buildings, funds, or revenue:
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8 1. The Oklahoma Ordnance Works Authority;
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9 2. The Commissioners of the Land Office; and
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10 3. Institutions comprising The Oklahoma State System of Higher
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11 Education, except as to the data reporting requirements in this
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12 section.
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13 K. The report required in subsection B of this section shall
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14 include an indication of whether a property is owned by the Oklahoma
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15 Historical Society, is listed on the National Register of Historic
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16 Places or with the National Trust for Historic Preservation, or is
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17 potentially of historical significance. The Office of Management
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18 and Enterprise Services shall notify the Oklahoma Historical Society
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19 and obtain its approval prior to the sale of any such property.
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20 SECTION 2. AMENDATORY 74 O.S. 2021, Section 61.8, is
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21 amended to read as follows:
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22 Section 61.8 A. The Long-Range Capital Planning Commission
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23 shall work to decrease the amount of property owned by Oklahoma
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 1 state government, return state-owned property to private sector
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2 ownership, better maintain and utilize the state's needed capital
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3 assets and, whenever possible, eliminate the practice of state
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4 agencies leasing real property not owned by the state.
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5 B. Each year, the Director of the Office of Management and
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6 Enterprise Services at the direction of the Long-Range Capital
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7 Planning Commission, shall take action to approve the privatization
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8 of state-owned real property as identified pursuant to the Oklahoma
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9 State Government Asset Reduction and Cost Savings Program. Proceeds
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10 from the liquidation of real properties shall be deposited into the
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11 Maintenance of State Buildings Revolving Fund Legacy Capital
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12 Financing Fund.
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13 C. Prior to entering into or renewing a lease for real
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14 property, each state agency, board, commission, and public trust
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15 having the State of Oklahoma as a beneficiary shall receive approval
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16 for entering into the lease from the Office of Management and
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17 Enterprise Services.
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18 D. Prior to making a purchase of real property or constructing
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19 a building, each state agency, board, commission, and public trust
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20 having the State of Oklahoma as a beneficiary shall receive approval
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21 for the purchase or construction from the Director of the Office of
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22 Management and Enterprise Services; provided, if such purchase or
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23 construction is deemed by the Director of the Office of Management
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24 and Enterprise Services to be within the authority of the Long-Range
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 1 Capital Planning Commission, the Director shall not approve the
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2 purchase or construction and shall refer the request to the
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3 Commission for action.
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4 E. Prior to approval or referral pursuant to subsection C or D
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5 of this section, the Office of Management and Enterprise Services
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6 shall determine if the applicant entity can utilize already existing
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7 state-owned real property as an alternative to leasing non-state-
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8 owned real property or purchasing or constructing new real property.
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9 If such existing state-owned real property is owned by the Oklahoma
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10 Historical Society, is listed on the National Register of Historic
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11 Places or with the National Trust for Historic Preservation, or is
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12 potentially of historical significance, the Office of Management and
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13 Enterprise Services shall notify the Oklahoma Historical Society and
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14 obtain its approval prior to approving an application for its reuse.
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15 F. No state agency, board, commission or public trust having
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16 the state as its beneficiary shall transfer any real property owned
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17 by the agency, board, commission or trust to any other state agency,
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18 board, commission, state beneficiary trust or any public or private
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19 entity unless the transfer is first approved by the Long-Range
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20 Capital Planning Commission. Any transfer made without the prior
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21 approval of the Long-Range Capital Planning Commission as required
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22 by this subsection may be reversed by the Long-Range Capital
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23 Planning Commission and if a transfer is reversed the agency, board,
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24 commission, state beneficiary trust or other state government entity
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 1 to which the real property has been impermissibly transferred shall
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2 take such actions to convey the subject property to the entity from
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3 which the asset was acquired not later than thirty (30) days from
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4 the date an order for such transfer is entered by the Long-Range
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5 Capital Planning Commission. The Commission shall not approve any
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6 transfer unless proceeds from the sale shall be deposited within the
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7 Maintenance of State Buildings Revolving Fund as established by
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8 Section 908 of Title 62 of the Oklahoma Statutes Legacy Capital
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9 Financing Fund.
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10 G. By February 1 of each year, the Office of Management and
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11 Enterprise Services shall publish a report for the preceding
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12 calendar year listing the parcels of previously state-owned property
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13 sold, detailing the reduction in the amount of space leased by the
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14 state, describing the source of funds and expenditures from the
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15 Maintenance of State Buildings Revolving Fund and showing the manner
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16 in which deferred maintenance needs are being met. The report shall
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17 be provided to the Governor, Speaker of the House of
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18 Representatives, President Pro Tempore of the Senate and placed on
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19 the documents.ok.gov web portal.
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20 H. This section shall not be applicable to the following or
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21 their lands, properties, buildings, funds or revenue:
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22 1. The Oklahoma Ordnance Works Authority;
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23 2. The Commissioners of the Land Office;
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24 3. The Oklahoma Department of Transportation; and
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 1 4. The Oklahoma Turnpike Authority.
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2 I. The Director of the Office of Management and Enterprise
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3 Services may make recommendations to the Long-Range Capital Planning
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4 Commission for liquidation of underutilized properties that have
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5 environmental issues, create a liability for the state, or create
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6 expenses that make the continued ownership of the underutilized
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7 property undesirable and the property has been offered through two
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8 public auctions or sealed bids and no viable bids were received. If
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9 the Long-Range Capital Planning Commission approves the liquidation
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10 of the property, the Office of Management and Enterprise Services
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11 may accept a bid of less than ninety percent (90%) of the appraised
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12 value in accordance with Section 327 of Title 61 of the Oklahoma
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13 Statutes.
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14 SECTION 3. This act shall become effective November 1, 2024.
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16 59-2-8581 JM 01/08/24
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Statutes affected:
Introduced: 62-908
Floor (House): 62-908
Engrossed: 62-908