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An Act
ENROLLED SENATE
BILL NO. 1169 By: Hall and Haste of the
Senate
and
Caldwell (Trey) and Kane of
the House
An Act relating to state property; amending 62 O.S.
2021, Section 901, which relates to the Long-Range
Capital Planning Commission; prescribing duties of
the Commission; amending Sections 3 and 2, Chapter
441, O.S.L. 2024 (73 O.S. Supp. 2024, Sections 188A
and 188B), which relate to the Oklahoma Capital
Assets Maintenance and Protection Act; dissolving the
Oklahoma Capital Assets Management and Protection
Board; requiring the Long-Range Capital Planning
Commission to develop and update certain plans;
modifying allocation requirements of funds deposited
in the Oklahoma Capital Assets Maintenance and
Protection Fund; eliminating fiscal year allocation
limitation; updating statutory language; updating
statutory references; providing an effective date;
and declaring an emergency.
SUBJECT: Long-Range Capital Planning Commission
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 62 O.S. 2021, Section 901, is
amended to read as follows:
Section 901. A. There is hereby created a Long-Range Capital
Planning Commission to advise and assist the Legislature in
providing for real property capital facility needs for this state.
The Commission shall consist of nine (9) members as follows:
ENR. S. B. NO. 1169 Page 2
1. Three members appointed by the President Pro Tempore of the
Senate;
2. Three members appointed by the Speaker of the House of
Representatives; and
3. Three members shall be appointed by the Governor.
All appointees shall be from the public at large. Within thirty
(30) days of the effective date of this act July 1, 2013, the
appointing authorities shall appoint new members to the Commission;
provided, a member serving on the effective date of this act July 1,
2013, may be reappointed if he or she is otherwise qualified. Of
the members initially appointed by each appointing authority after
the effective date of this act July 1, 2013, one shall be appointed
for a one-year term, one shall be appointed for a two-year term and
one shall be appointed for a three-year term. Thereafter, their
successors shall be appointed for four-year terms. Any vacancy
shall be filled for the remainder of the unexpired term in the same
manner as the original appointment. The appointing authorities
shall appoint members who possess knowledge, skills and abilities to
perform the duties of the Commission. No member of the Commission
shall be interested, directly or indirectly, in any contract entered
into for a project approved by the Commission during the period of
service of the member, nor shall any person be appointed as a member
of the Commission if such person is interested, directly or
indirectly, in a contract entered into for a project approved prior
to the appointment. An indirect interest shall include, but not be
limited to, an interest of an immediate family member of the member
of the Commission or a business with which the member of the
Commission is associated.
B. A chair of the Commission shall be elected from its
membership. Five members of the Commission shall constitute a
quorum. Members of the Commission shall serve without compensation,
but shall be entitled to reimbursement, pursuant to the State Travel
Reimbursement Act, for expenses incurred in the performance of their
duties.
C. Initial appointments to the Commission shall be made within
thirty (30) days of the effective date of this act May 28, 1992.
ENR. S. B. NO. 1169 Page 3
D. The Commission shall have the authority to promulgate rules
and regulations necessary to implement the provisions of this act
the State Capital Improvement Planning Act.
E. The Office of Management and Enterprise Services, with the
advice and assistance of the Oklahoma State Bond Advisor Deputy
Treasurer for Debt Management, shall provide staffing for the
Commission and other such assistance as the Commission may require.
F. 1. The Commission shall prepare each year an annual capital
plan budget and a state capital plan for addressing state capital
facility needs for the next ensuing eight (8) years. The Oklahoma
State Regents for Higher Education and each state governmental
entity as defined in Section 695.3 of this title shall cooperate
with the Commission in the preparation of the state plan. Each
year, on or about December 1, the plan shall be submitted to the
Governor, Speaker of the House of Representatives and President Pro
Tempore of the Senate. The Long-Range Capital Planning Commission
shall annually update the eight-year plan. The Office of Management
and Enterprise Services shall perform routine services to support
the eight-year plan, including, but not limited to, agency-level
planning, real estate services, construction services and facility
operations as provided by law.
2. In addition to the requirements set forth in Section 10
901.1 of this act title, the capital plan should:
a. supplement and integrate, not replace, existing
capital planning processes,
b. assess long-term needs for capital facilities to
support state government needs as determined by the
Commission,
c. review and assess the inventory of capital facilities
held by the state, and make recommendations on
reallocation, reuse or liquidation of properties for
incorporation into the annual capital plan,
d. include a projection of economic and demographic
trends likely to influence the needs of state
government during the eight-year period,
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e. address agency strategic facility plans for new,
improved, renovated, or expanded capital facilities or
facilities that should be reallocated or liquidated,
f. include estimates of life cycle costs for new and
substantially expanded or renovated facilities,
g. evaluate the effectiveness of planning processes at
the agency level to account for all capital facility
costs for incorporation into the annual capital
budget,
h. account for projections of debt service and revenues
available from general obligation bonds and other
sources, including, but not limited to, the
Maintenance of State Buildings Revolving Fund,
i. analyze the capacity of the state to incur debt or
finance public capital facilities,
j. include a comprehensive listing of all capital
expenditures of the state which the Commission
recommends be undertaken or continued for any state
agency in the next two (2) fiscal years, together with
information as to the effect of such capital projects
on future operating expenses of the state, and with
recommendations as to the priority of such capital
projects and the means of funding them,
k. forecast the requirements for capital projects of
state agencies for the eight-year-period eight-year
period and for such additional periods, if any, as may
be necessary or desirable for adequate presentation of
particular capital projects, and include a schedule
for the planning and implementation or construction of
such capital projects,
l. set forth a proposed itemized budget for the next
fiscal year of recommended capital expenditures
inclusive of all funding sources, for each agency,
including facility rent and lease payments, energy and
ENR. S. B. NO. 1169 Page 5
utility expenditures, operations and maintenance,
capital improvements and capital development projects
as necessary to optimize and preserve the state’s
capital assets,
m. include the findings of the Oklahoma State Government
Asset Reduction and Cost Savings Program and the
indexing of the most necessary capital improvements to
the expenditure of funds from the Maintenance of State
Buildings Revolving Fund,
n. include such other information as the Commission deems
relevant to its duties, and
o. include findings of the Oklahoma State Government
Asset Reduction and Cost Savings Program and the
indexing of the most necessary capital improvements to
the expenditure of funds from the Maintenance of State
Buildings Revolving Fund.
G. The capital plan budget shall include, for each expenditure
and class of expenditures, the capital facility costs to be incurred
during the next ensuing fiscal year, inclusive of the annual
operating and maintenance costs of such facilities and a schedule of
depreciation calculated in accordance with the principles and
standards of capital budgeting authorized by subsection H of this
section.
H. The Commission, with the assistance of the Office of
Management and Enterprise Services, shall prepare and publish rules
and regulations that set forth principles and standards for capital
planning and budgeting to be used by state agencies. The rules and
regulations shall set forth definitions of relevant terms to be used
in the capital planning and budgeting processes, establish
accounting standards and standards for costs and benefits of public
facility investments.
I. 1. The Commission, the Office of Management and Enterprise
Services, and the Oklahoma State Bond Advisor Deputy Treasurer for
Debt Management may request the assistance of such personnel of any
state agency in order to perform their duties pursuant to the State
Capital Improvement Planning Act and such agencies shall respond and
ENR. S. B. NO. 1169 Page 6
provide any such assistance as may be required. The Commission may
use existing studies, surveys, plans, data and other materials in
the possession of any state agency. Each such agency shall make the
same available to the Commission so that the Commission may have
available to it current information with respect to the capital
plans and programs of each such agency.
2. The officers and personnel of any state agency may serve at
the request of the Commission upon such advisory committees as the
Commission may create and such officers and personnel may serve upon
such committees without forfeiture of office or employment and with
no loss or diminution of the compensation, status, rights and
privileges which they otherwise enjoy.
J. This section shall not be applicable to the following or
their lands, properties, buildings, funds or revenue:
1. The Oklahoma Ordnance Works Authority; and
2. The Commissioners of the Land Office.
K. The Commission shall develop plans, adopt authorizations,
and fulfill the duties required pursuant to Section 188A of Title 73
of the Oklahoma Statutes.
SECTION 2. AMENDATORY Section 3, Chapter 441, O.S.L.
2024 (73 O.S. Supp. 2024, Section 188A), is amended to read as
follows:
Section 188A. A. There is hereby created the Oklahoma Capital
Assets Management and Protection Board (OCAMP Board). The Board
Long-Range Capital Planning Commission shall develop plans and adopt
authorizations directing the Oklahoma Capitol Improvement Authority
on the utilization of Oklahoma Capital Assets Maintenance and
Protection Fund monies.
B. The Board shall consist of members to be appointed as
follows:
1. Three members appointed by the Governor, at least one of
whom shall have no less than ten (10) years of experience in the
construction industry;
ENR. S. B. NO. 1169 Page 7
2. The Chancellor of Higher Education or a designee; and
3. The Executive Director of the Oklahoma Tourism and
Recreation Department or a designee.
C. The chair and vice chair of the Board shall be elected by
the Board members at the first meeting of the Board and shall
preside over meetings of the Board and perform other duties as may
be required by the Board. The Board shall elect a chair and vice
chair no less than once a calendar year.
D. 1. The Board Commission shall develop and adopt the
following five-year plans to provide for allocations and
expenditures of the Oklahoma Capital Assets Maintenance and
Protection Fund as follows:
a. the OCAMP Higher Education Five-year Plan, for the
maintaining and repairing of state-owned properties
and buildings of public institutions of higher
learning,
b. the OCAMP Tourism and Recreation Five-year Plan, for
the maintaining and repairing of properties and
buildings of state parks operated by the Oklahoma
Tourism and Recreation Department, and
c. the OCAMP State Five-year Plan, for the maintaining
and repairing of all state-owned properties and
buildings.
2. For fiscal years 2026 through 2028 year 2026, the Board
Commission shall allocate Oklahoma Capital Assets Maintenance and
Protection Fund monies to such five-year plans in the following
proportions:
a. the OCAMP Higher Education Five-year Plan shall be
allocated forty-five percent (45%) of such monies.
Twenty percent (20%) of those monies allocated shall
be for comprehensive institutions of higher education
within The Oklahoma State System of Higher Education,
fifty percent (50%) for all four-year colleges and
ENR. S. B. NO. 1169 Page 8
universities except the University of Oklahoma located
in Norman, Oklahoma, and Oklahoma State University
located in Stillwater, Oklahoma, and thirty percent
(30%) for two-year institutions of higher education
within The Oklahoma State System of Higher Education.
for the following:
(1) twenty percent (20%) of those monies allocated
shall be for four-year colleges and universities
receiving a Research Colleges and Universities
designation from the Carnegie Classification of
Institutions of Higher Education to be further
allocated as follows:
(a) fifty percent (50%) for those colleges and
universities defined as a historically black
college or university pursuant to the
federal Higher Education Act of 1965, as
amended, and
(b) fifty percent (50%) of those monies
allocated shall be for other colleges and
universities,
(2) thirty-five percent (35%) of those monies
allocated shall be for two-year institutions of
higher education within The Oklahoma State System
of Higher Education, and
(3) forty-five percent (45%) of those monies
allocated shall be for all 4-year colleges and
universities except the University of Oklahoma
located in Norman, Oklahoma, and Oklahoma State
University located in Stillwater, Oklahoma,
b. the OCAMP Tourism and Recreation Five-year Plan shall
be allocated ten percent (10%) of such monies, and
c. the OCAMP State Five-year Plan shall be allocated
forty-five percent (45%) of such monies.
ENR. S. B. NO. 1169 Page 9
E. C. The Board Commission shall update each five-year plan no
less often than biennially. Upon the adoption of such plans and
upon each update to such plans, a report detailing such plans shall
be submitted by electronic means to the Governor, the President Pro
Tempore of the Senate, and the Speaker of the House of
Representatives.
F. D. The Office of Management and Enterprise Services, with
the advice and assistance of the Oklahoma Capitol Improvement
Authority, shall provide staffing for the Board Commission and other
such assistance as the Board Commission may require.
G. E. The Board Commission may direct the Oklahoma Capitol
Improvement Authority to allocate, budget, and expend, either
directly or under the terms of memoranda of understanding lawfully
entered into with other state entities, monies from the Oklahoma
Capital Assets Maintenance and Protection Fund on any project or
item that has been included in an applicable five-year plan
authorized under the provisions of this act the Oklahoma Capital
Assets Maintenance and Protection Act for no less than one (1) year.
SECTION 3. AMENDATORY Section 2, Chapter 441, O.S.L.
2024 (73 O.S. Supp. 2024, Section 188B), is amended to read as
follows:
Section 188B. A. There is hereby created in the State Treasury
a revolving fund for the Oklahoma Capitol Improvement Authority to
be designated the “Oklahoma Capital Assets Maintenance and
Protection Fund” (OCAMP Fund). The fund shall be a continuing fund,
not subject to fiscal year limitations, and shall consist of all
monies received by the Oklahoma Capitol Improvement Authority
eligible under law and directed for deposit to the fund. All monies
accruing to the credit of the fund are hereby appropriated and,
except for the transfer required pursuant to Enrolled Senate Bill
No. 1125 of the 2nd Session of the 59th Oklahoma Legislature, may be
allocated, budgeted, and expended by the Oklahoma Capitol
Improvement Authority as directed by the Oklahoma Capital Assets
Management and Protection Board created in Section 3 of this act
Long-Range Capital Planning Commission. Such allocations,
budgeting, and expenditures shall strictly adhere to the specific
terms, limitations, purposes, and requirements described in the
directive adopted by the Oklahoma Capital Assets Management and
ENR. S. B. NO. 1169 Page 10
Protection Board Commission. 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.
B. The Oklahoma Capitol Improvement Authority shall be
authorized to enter into memoranda of understanding with agencies,
departments, and subdivisions of the state as provided by law and as
deemed necessary by the Authority to administer expenditures from
and allocations and deposits to and from the Oklahoma Capital Assets
Maintenance and Protection Fund, provided that such memoranda of
understanding do not conflict with or impede the administration of
capital projects specifically authorized by law or directed by the
Oklahoma Capital Assets Management and Protection Board Commission.
Such memoranda of understanding shall not constitute a legal
obligation of the State of Oklahoma this state.
C. Limited to the extent required for projects specifically
authorized under the provisions of this act the Oklahoma Capital
Assets Maintenance and Protection Act, the Oklahoma Capitol
Improvement Authority shall be authorized to:
1. Acquire real property together with improvements located
thereon and personal property;
2. Provide for the construction of improvements to real
property and to provide funding for repairs, refurbishments,
deferred maintenance, and improvements to real and personal
property;
3. Hold title to property and improvements as necessary to
comply with legal directives and authorizations; and
4. Lease, transfer, and otherwise legally dispose of property
and improvements as necessary to comply with legal directives and
authorizations.
D. No later than January 15 annually, the Oklahoma Capitol
Improvement Authority shall submit electronically to the Governor,
the President Pro Tempore of the Senate, the Speaker of the House of
Representatives, the Chair of the Appropriations Committee of the
Senate, and the Chair of the Appropriations and Budget Committee of
ENR. S. B. NO. 1169 Page 11
the House of Representatives a report detailing impacts to the
balance of the Oklahoma Capital Assets Maintenance and Protection
Fund occurring in the prior calendar year, including, but not
limited to, all distributions, expenditures, collections, and
deposits of the Oklahoma Capital Assets Maintenance and Protection
Fund.
E. No allocations shall be made by the Oklahoma Capital Assets
Management and Protection Board from the Oklahoma Capital Assets
Maintenance and Protection Fund in fiscal year 2025. Allocations
made by the Board from the Fund shall not exceed Seventy-five
Million Dollars ($75,000,000.00) in each fiscal year for fiscal
years 2026 through 2028.
SECTION 4. This act shall become effective July 1, 2025.
SECTION 5. It being immediately necessary 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.
ENR. S. B. NO. 1169 Page 12
Passed the Senate the 20th day of May, 2025.
Presiding Officer of the Senate
Passed the House of Representatives the 22nd day of May, 2025.
Presiding Officer of the House
of Representatives
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _________
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of __________________, 20 _______, at _______ o'clock _______ M.
By: _________________________________