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ENGR. H. B. NO. 2439 Page 1
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ENGROSSED HOUSE
BILL NO. 2439 By: Fettgatter of the House
and
Jech of the Senate
An Act relating to Oklahoma Historical Society;
amending 62 O.S. 2021, Section 908, as amended by
Section 1, Chapter 188, O.S.L. 2023 (62 O.S. Supp.
2024, Section 908), which relates to the Oklahoma
State Government Asset Reduction and Cost Savings
Program; exempting the Oklahoma Historical Society
from the program; amending 74 O.S. 2021, Section
61.8, which relates to Long-Range Capital Planning
Commission; exempting the Oklahoma Historical
Society; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 62 O.S. 2021, Section 908, as
amended by Section 1, Chapter 188, O.S.L. 2023 (62 O.S. Supp. 2024,
Section 908), is amended to read as follows:
Section 908. A. There is hereby established the Oklahoma State
Government Asset Reduction and Cost Savings Program.
B. No later than December 31 each year, the Director of the
Office of Management and Enterprise Services shall publish a
comprehensive report detailing state-owned properties.
C. The report mandated in accordance with the provisions of
this section shall list the five percent (5%) most underutilized
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state-owned properties. The report shall describe the value of
properties falling within the description in this subsection, assess
the potential for purchase should the properties be offered for
sale, and describe the impact on local-level tax rolls in the event
the properties are purchased by a nongovernmental entity.
D. The Director of the Office of Management and Enterprise
Services shall promulgate rules establishing procedures by which
each state agency, board, commission, and public trust having the
state as a beneficiary, excluding those otherwise exempted under
Section 327 of Title 61 of the Oklahoma Statutes, shall submit the
necessary data to the Office of Management and Enterprise Services
for the development of this report.
E. State agencies, boards, commissions, and public trusts
having the state as a beneficiary shall comply with procedures
promulgated pursuant to the terms of this section.
F. The report and data collected pursuant to this section shall
be published as a data feed on the data.ok.gov website.
G. In addition to the requirements of subsection C of this
section, the Office of Management and Enterprise Services may make
recommendations for the sale of other state-owned properties based
upon the value of the property and the potential for net gain for
the state based upon the data obtained for the Oklahoma State
Government Asset Reduction and Cost Savings Program.
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H. There is hereby created the Maintenance of State Buildings
Revolving Fund. The fund shall be a continuing fund, not subject to
fiscal year limitations, and shall serve as the depository for
proceeds from the sale of state-owned properties pursuant to the
Oklahoma State Government Asset Reduction and Cost Savings Program.
The fund shall further consist of monies appropriated thereto and
other funds designated for deposit therein. All monies accruing to
the credit of the fund are hereby appropriated and may be expended
exclusively for maintaining and repairing state-owned properties and
buildings pursuant to the procedures set forth in Section 901.1 of
Title 62 of the Oklahoma Statutes this title and for acquisition of
information technology tools or resources that state agencies,
boards, commissions, and public trusts having the state as a
beneficiary shall use in carrying out their obligations in
accordance with this act. The total expenditure for information
technology resources shall not exceed One Hundred Thousand Dollars
($100,000.00). Expenditures from the fund shall be made upon
warrants issued by the State Treasurer against claims filed as
prescribed by law with the Director of the Office of Management and
Enterprise Services for approval and payment. Expenditures from the
Maintenance of State Buildings Revolving Fund shall be detailed in a
data feed and made available through the data.ok.gov web portal.
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I. The Director of the Office of Management and Enterprise
Services shall notify entities found by the Office to be out of
compliance with the reporting provisions of this section in writing.
J. This section shall not be applicable to the following or
their lands, properties, buildings, funds, or revenue:
1. The Oklahoma Ordnance Works Authority;
2. The Commissioners of the Land Office; and
3. Institutions comprising The Oklahoma State System of Higher
Education, except as to the data reporting requirements in this
section; and
4. The Oklahoma Historical Society.
K. The report required in subsection B of this section shall
include an indication of whether a property is owned by the Oklahoma
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 the sale of any such property.
SECTION 2. 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
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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 approve the privatization
of state-owned real property as identified pursuant to the Oklahoma
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 as a beneficiary shall receive approval
for entering into 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 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.
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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 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
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 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 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 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
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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
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
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 Governor, Speaker of the House of
Representatives, 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, 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 Oklahoma Historical Society.
I. The Director of the Office of Management and Enterprise
Services may make recommendations to the Long-Range Capital Planning
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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 property 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
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 3. This act shall become effective November 1, 2025.
Passed the House of Representatives the 10th day of March, 2025.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2025.
Presiding Officer of the Senate