1 STATE OF OKLAHOMA
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2 1st Session of the 59th Legislature (2023)
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3 SENATE BILL 415 By: Pemberton
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6 AS INTRODUCED
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7 An Act relating to state government; amending 74 O.S.
7 2021, Section 61.8, which relates to the Long-Range
8 Capital Planning Commission; providing additional
8 exemption; updating statutory reference; and
9 providing an effective date.
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12 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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13 SECTION 1. AMENDATORY 74 O.S. 2021, Section 61.8, is
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14 amended to read as follows:
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15 Section 61.8. A. The Long-Range Capital Planning Commission
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16 shall work to decrease the amount of property owned by Oklahoma
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17 state government, return state-owned property to private sector
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18 ownership, better maintain and utilize the state’s needed capital
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19 assets and, whenever possible, eliminate the practice of state
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20 agencies leasing real property not owned by the state.
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21 B. Each year, the Director of the Office of Management and
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22 Enterprise Services at the direction of the Long-Range Capital
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23 Planning Commission, shall take action to approve the privatization
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24 of state-owned real property as identified pursuant to the Oklahoma
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 1 State Government Asset Reduction and Cost Savings Program. Proceeds
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2 from the liquidation of real properties shall be deposited into the
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3 Maintenance of State Buildings Revolving Fund.
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4 C. Prior to entering into or renewing a lease for real
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5 property, each state agency, board, commission, and public trust
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6 having the State of Oklahoma this state as a beneficiary shall
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7 receive approval for entering into the lease from the Office of
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8 Management and Enterprise Services.
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9 D. Prior to making a purchase of real property or constructing
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10 a building, each state agency, board, commission, and public trust
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11 having the State of Oklahoma this state as a beneficiary shall
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12 receive approval for the purchase or construction from the Director
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13 of the Office of Management and Enterprise Services; provided, if
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14 such purchase or construction is deemed by the Director of the
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15 Office of Management and Enterprise Services to be within the
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16 authority of the Long-Range Capital Planning Commission, the
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17 Director shall not approve the purchase or construction and shall
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18 refer the request to the Commission for action.
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19 E. Prior to approval or referral pursuant to subsection C or D
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20 of this section, the Office of Management and Enterprise Services
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21 shall determine if the applicant entity can utilize already existing
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22 state-owned real property as an alternative to leasing non-state-
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23 owned real property or purchasing or constructing new real property.
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24 If such existing state-owned real property is owned by the Oklahoma
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 1 Historical Society, is listed on the National Register of Historic
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2 Places or with the National Trust for Historic Preservation, or is
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3 potentially of historical significance, the Office of Management and
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4 Enterprise Services shall notify the Oklahoma Historical Society and
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5 obtain its approval prior to approving an application for its reuse.
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6 F. No state agency, board, commission or public trust having
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7 the state as its beneficiary shall transfer any real property owned
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8 by the agency, board, commission or trust to any other state agency,
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9 board, commission, state beneficiary trust or any public or private
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10 entity unless the transfer is first approved by the Long-Range
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11 Capital Planning Commission. Any transfer made without the prior
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12 approval of the Long-Range Capital Planning Commission as required
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13 by this subsection may be reversed by the Long-Range Capital
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14 Planning Commission and if a transfer is reversed the agency, board,
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15 commission, state beneficiary trust or other state government entity
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16 to which the real property has been impermissibly transferred shall
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17 take such actions to convey the subject property to the entity from
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18 which the asset was acquired not later than thirty (30) days from
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19 the date an order for such transfer is entered by the Long-Range
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20 Capital Planning Commission. The Commission shall not approve any
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21 transfer unless proceeds from the sale shall be deposited within the
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22 Maintenance of State Buildings Revolving Fund as established by
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23 Section 908 of Title 62 of the Oklahoma Statutes.
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 1 G. By February 1 of each year, the Office of Management and
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2 Enterprise Services shall publish a report for the preceding
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3 calendar year listing the parcels of previously state-owned property
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4 sold, detailing the reduction in the amount of space leased by the
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5 state, describing the source of funds and expenditures from the
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6 Maintenance of State Buildings Revolving Fund and showing the manner
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7 in which deferred maintenance needs are being met. The report shall
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8 be provided to the Governor, Speaker of the House of
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9 Representatives, President Pro Tempore of the Senate and placed on
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10 the documents.ok.gov web portal.
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11 H. This section shall not be applicable to the following or
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12 their lands, properties, buildings, funds or revenue:
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13 1. The Oklahoma Ordnance Works Authority;
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14 2. The Commissioners of the Land Office;
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15 3. The Oklahoma Department of Transportation; and
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16 4. The Oklahoma Turnpike Authority; and
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17 5. Institutions comprising The Oklahoma State System of Higher
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18 Education.
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19 I. The Director of the Office of Management and Enterprise
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20 Services may make recommendations to the Long-Range Capital Planning
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21 Commission for liquidation of underutilized properties that have
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22 environmental issues, create a liability for the state, or create
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23 expenses that make the continued ownership of the underutilized
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24 property undesirable and the property has been offered through two
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 1 public auctions or sealed bids and no viable bids were received. If
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2 the Long-Range Capital Planning Commission approves the liquidation
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3 of the property, the Office of Management and Enterprise Services
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4 may accept a bid of less than ninety percent (90%) of the appraised
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5 value in accordance with Section 327 of Title 61 of the Oklahoma
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6 Statutes.
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7 SECTION 2. This act shall become effective November 1, 2023.
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9 59-1-751 KR 1/16/2023 2:54:43 PM
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