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An Act
ENROLLED SENATE
BILL NO. 1991 By: Hall of the Senate
and
Caldwell (Trey) of the
House
An Act relating to the Long-Range Capital Planning
Commission; amending 61 O.S. 2021, Sections 309, 316,
317, 326, and 327, as amended by Sections 39, 42, 43,
46, and 47, Chapter 238, O.S.L. 2022 (61 O.S. Supp.
2025, Sections 309, 316, 317, 326, and 327), which
relate to state property; directing the monies
received from the sale of certain leases and
property, bonuses, royalties, and contracts to be
deposited in the Oklahoma Capital Assets Maintenance
and Protection Fund; amending 62 O.S. 2021, Sections
900, 901, as amended by Section 1, Chapter 439,
O.S.L. 2025, and 901.1 (62 O.S. Supp. 2025, Section
901), which relate to the State Capital Improvement
Planning Act; modifying application of short title;
transferring provisions from repealed section of
statutes; eliminating requirement to prepare certain
annual budget and capital plan; requiring the
Oklahoma State Regents for Higher Education and state
governmental entities to cooperate with the
Commission in preparation of five-year plans;
requiring the Office of Management and Enterprise
Services (OMES) to perform services in support of
five-year plans; prescribing allocation of monies
from the Oklahoma Capital Assets Maintenance and
Protection Fund for certain fiscal year; prescribing
additional requirements for five-year plans;
requiring submission of list of proposed projects
pursuant to five-year plans; authorizing OMES to
expend certain funds for certain projects;
authorizing redirection of certain funds for certain
emergency projects; amending 62 O.S. 2021, Section
908, as amended by Section 1, Chapter 188, O.S.L.
ENR. S. B. NO. 1991 Page 2
2023 (62 O.S. Supp. 2025, Section 908), which relates
to the Oklahoma State Government Asset Reduction and
Cost Savings Program; eliminating the Maintenance of
State Buildings Revolving Fund; amending Section 2,
Chapter 441, O.S.L. 2024, as amended by Section 3,
Chapter 439, O.S.L. 2025 (73 O.S. Supp. 2025, Section
188B), which relates to the Oklahoma Capital Assets
Maintenance and Protection Fund; expanding sources of
funds; modifying provisions for which the Oklahoma
Capitol Improvement Authority is granted certain
authorizations; modifying authorization to provide
for construction of property; requiring interest and
returns earned on deposits to the fund be deposited
to the credit of the fund; amending 74 O.S. 2021,
Section 61.8, as amended by Section 1, Chapter 194,
O.S.L. 2025 (74 O.S. Supp. 2025, Section 61.8), which
relates to the duties of the Commission; directing
certain proceeds be deposited in the Oklahoma Capital
Assets Maintenance and Protection Fund; modifying
requirements for certain report; requiring the
remaining balance of the Maintenance of State
Buildings Revolving Fund to be transferred to the
Oklahoma Capital Assets Maintenance and Protection
Fund upon certain date; requiring electronic
submission of certain reports; updating statutory
language; updating statutory reference; clarifying
statutory language; repealing Section 3, Chapter 441,
O.S.L. 2024, as amended by Section 2, Chapter 439,
O.S.L. 2025 (73 O.S. Supp. 2025, Section 188A), which
relates to the Oklahoma Capital Assets Maintenance
and Protection Act; providing for noncodification;
providing for recodification; providing an effective
date; and declaring an emergency.
SUBJECT: Oklahoma Capital Assets Maintenance and Protection Fund
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
ENR. S. B. NO. 1991 Page 3
SECTION 1. AMENDATORY 61 O.S. 2021, Section 309, as
amended by Section 39, Chapter 238, O.S.L. 2022 (61 O.S. Supp. 2025,
Section 309), is amended to read as follows:
Section 309. A. The Office of Management and Enterprise
Services is hereby authorized and empowered to offer for sale and
sell and execute and deliver oil and gas or mineral leases upon the
lands described in Section 1 of Title 73 of the Oklahoma Statutes
under the control of said the Office of Management and Enterprise
Services. The Office of Management and Enterprise Services is
hereby authorized and empowered to enter into contracts with persons
or corporations for the drilling of oil and gas wells on any such
property owned by the state. No such lease or drilling contract
shall be entered into by said the Office of Management and
Enterprise Services which provides for the payment of a royalty to
the State of Oklahoma this state of less than one-eighth (1/8) of
all of the oil, gas, or casinghead gas produced, saved, and sold
from said such lands, plus cash bonus, of the royalty in said such
leases. Such The Office of Management and Enterprise Services shall
give notice of its intention to offer for sale said such lease or
drilling contract by advertising said such fact for a period of at
least twenty-one (21) days electronically on an authorized state
website and in a legal newspaper published and of general
circulation in the county where said such lands are located. The
Office of Management and Enterprise Services shall award such lease,
leases, or drilling contracts to the highest responsible bidder.
All bidding shall be by sealed written or electronic bids filed with
said the Office of Management and Enterprise Services.
B. All royalties, bonuses, and rentals accruing to the state
from any contracts or leases executed pursuant to the provisions of
subsection A of this section and all other monies received from the
sale of any such leases, bonuses, and royalties or other contracts
made by said the Office of Management and Enterprise Services shall
be credited to the Maintenance of State Buildings Revolving Fund of
the State of Oklahoma Oklahoma Capital Assets Maintenance and
Protection Fund.
SECTION 2. AMENDATORY 61 O.S. 2021, Section 316, as
amended by Section 42, Chapter 238, O.S.L. 2022 (61 O.S. Supp. 2025,
Section 316), is amended to read as follows:
ENR. S. B. NO. 1991 Page 4
Section 316. All proceeds derived from any royalty under such
leases or any bonus received from the sale of such leases shall be
paid into the Maintenance of State Buildings Revolving Fund of the
state Oklahoma Capital Assets Maintenance and Protection Fund, but
this section shall not be a part of any contract with any lessee
hereunder.
SECTION 3. AMENDATORY 61 O.S. 2021, Section 317, as
amended by Section 43, Chapter 238, O.S.L. 2022 (61 O.S. Supp. 2025,
Section 317), is amended to read as follows:
Section 317. A. The Office of Management and Enterprise
Services is hereby authorized and empowered to sell and execute oil
and gas leases, and other mining leases, on any of the lands of this
state under the control of said the Office of Management and
Enterprise Services. Sale of Oklahoma State Capitol lands or
parkways or the Executive Mansion lands shall be made upon a basis
of a retained royalty of not less than one-eighth (1/8) of all the
oil, gas, and other minerals produced therefrom, and such additional
cash bonus as may be procured. Such leases shall contain a
provision that in the event of the discovery of natural gas, gas
shall be furnished free of charge to any state institution located
or hereafter located upon the lands covered by said the lease, or
leases. Said Such leases shall be sold only after advertisement for
a period of three (3) weeks electronically on an authorized state
website and in a legal newspaper published and of general
circulation in the county in which said such lands are located. The
sale shall be made to the highest responsible bidder, and all bids
for any tract shall be presented to the Office of Management and
Enterprise Services electronically or in sealed envelopes, and shall
all be opened and considered at the same time. Said The Office of
Management and Enterprise Services shall have the right to reject
any and all of said the bids and again readvertise said such lease,
or leases, for sale.
B. The Office of Management and Enterprise Services is further
authorized to make and promulgate such additional rules and
regulations as he may deem necessary and for the best interest of
the this state in facilitating the sale of said such leases. The
Director may contract with other state agencies to implement the
provisions of this section and any expenses charged under such
contract may be paid from the proceeds of the lease.
ENR. S. B. NO. 1991 Page 5
C. All monies derived from the sale of any and all of said such
leases, and from any royalties subsequently accruing, after
deduction of the amount required to pay necessary and actual
expenses of developing the lease, shall be paid into the State
Treasury and credited to the Maintenance of State Buildings
Revolving Fund Oklahoma Capital Assets Maintenance and Protection
Fund.
SECTION 4. AMENDATORY 61 O.S. 2021, Section 326, as
amended by Section 46, Chapter 238, O.S.L. 2022 (61 O.S. Supp. 2025,
Section 326), is amended to read as follows:
Section 326. After payment of all costs incurred in the
inventory and appraisal and advertisement and costs of sale, the
remaining proceeds therefrom, and any monies derived from leasing
the property described in Section 324 of this title, shall be
deposited in the Maintenance of State Buildings Revolving Fund
Oklahoma Capital Assets Maintenance and Protection Fund. The
leasing for oil and gas purposes of any such lands and the proceeds
therefrom shall be conducted and handled by the Office of Management
and Enterprise Services pursuant to Section 317 of this title.
SECTION 5. AMENDATORY 61 O.S. 2021, Section 327, as
amended by Section 47, Chapter 238, O.S.L. 2022 (61 O.S. Supp. 2025,
Section 327), is amended to read as follows:
Section 327. A. Unless procedures for state agency real
property transactions are otherwise specifically provided for by
law, no state agency shall sell, lease, exchange, or otherwise
dispose of such real property subject to its jurisdiction, or lease,
purchase or otherwise acquire real property subject to its
jurisdiction, except as authorized by subsection L of this section
and as otherwise provided for in this section. As used in this
section, “state agency” means any department, board, commission,
institution, agency or entity of state government.
B. 1. Every state agency shall request the Office of
Management and Enterprise Services to dispose of real property upon:
a. legislative authorization,
ENR. S. B. NO. 1991 Page 6
b. authorization by the Long-Range Capital Planning
Commission, or
c. a determination, in writing, by the Office of
Management and Enterprise Services or the state agency
that a parcel of real property subject to its
jurisdiction is no longer needed.
2. Upon the request of the state agency to dispose of real
property, the Office of Management and Enterprise Services shall
estimate the value of the property, and:
a. for properties with an estimated value of greater than
Twenty-five Thousand Dollars ($25,000.00), obtain at
least one complete appraisal made by a person
certified by the Real Estate Appraiser Board of the
Oklahoma Insurance Department, who shall ascertain:
(1) the present fair value of the property,
(2) the present value of the improvements on such
property, and
(3) the actual condition of the improvements on the
property,
b. after completion of the provisions of subsection L of
this section, cause notice of such sale to be
published for at least one (1) day in a newspaper of
general statewide circulation authorized to publish
legal notices, and weekly for three (3) consecutive
weeks in a newspaper of general circulation published
in the county or counties in which the property is
located. The notice shall contain the legal
description of each parcel of real property to be
offered for sale, the appraised value thereof, the
time and location of the sale or opening of the bids,
and terms of the sale including the fact that no
parcel of property shall be sold for less than ninety
percent (90%) of the appraised value of the real
property; provided, in lieu of such procedure, the
information may be published electronically on the
ENR. S. B. NO. 1991 Page 7
Office of Management and Enterprise Services’ website
if the notice of sale and instructions on accessing
the public information are published in a newspaper of
general circulation in the county or counties in which
the property is located weekly for three (3)
consecutive weeks,
c. offer the property through electronic auction, public
auction or sealed bids within three (3) weeks after
the last publication of the notice. The property
shall be sold to the highest bidder. The Office of
Management and Enterprise Services shall not accept a
bid of less than ninety percent (90%) of the average
appraised fair value of the property and the
improvements on such property,
d. if the property is being disposed of in compliance
with Section 908 of Title 62 of the Oklahoma Statutes,
the Office of Management and Enterprise Services may
auction the property at public or electronic auction
provided proper public notice is given in compliance
with this section and the property has been approved
for liquidation by the Long-Range Capital Planning
Commission. The Office of Management and Enterprise
Services is authorized to reject all bids,
e. if the property has an estimated value of less than
Twenty-five Thousand Dollars ($25,000.00), the Office
of Management and Enterprise Services may establish
the value through market comparison and may dispose of
the property based on estimated value without
obtaining a certified appraisal; provided, however,
the sale shall comply with all other requirements of
statute, and
f. if the property is landlocked, the Office of
Management and Enterprise Services may offer the
property through indirect sale to the adjacent
property owner for not less than ninety percent (90%)
of fair market value, as determined in compliance with
this section. All sales costs, including any required
ENR. S. B. NO. 1991 Page 8
surveys and appraisals, shall be at the expense of the
buyer.
3. The cost of the appraisal required by the provisions of this
section, together with other necessary expenses incurred pursuant to
this section, shall be paid by the state agency for which the real
property is to be sold from funds available to the state agency for
such expenditure. All monies received from the sale or disposal of
the property, except those monies necessary to pay the expenses
incurred pursuant to this section, shall be deposited in the
Maintenance of State Buildings Revolving Fund Oklahoma Capital
Assets Maintenance and Protection Fund unless otherwise provided by
law.
4. The Office of Management and Enterprise Services may dismiss
from consideration any appraisal found to be incomplete or flawed.
C. Unless otherwise provided by law, the Office of Management
and Enterprise Services shall review and approve state agency real
property transactions. A state agency shall not lease or acquire
real property, or lease, dispose of or transfer state-owned real
property until the Office of Management and Enterprise Services
provides notice of transaction approval to the state agency. Prior
to approval, a state agency shall provide documents to the Office of
Management and Enterprise Services and provide reference to
statutory or other legal authority of the state agency to lease or
acquire real property, or lease, dispose of or transfer state-owned
real property. If the state agency intends to lease or acquire real
property, the state agency shall state the intended use of the real
property, and shall provide the Office of Management and Enterprise
Services with required telework documentation. Within thirty (30)
days of receipt, the Office of Management and Enterprise Services
shall provide notice of transaction approval or disapproval to the
state agency.
D. The provisions of this section shall not apply to the lease
of office space or real property subject to supervision of the
Commissioners of the Land Office or district boards of education.
E. 1. The Office of Management and Enterprise Services shall
maintain a comprehensive inventory of state-owned real property and
ENR. S. B. NO. 1991 Page 9
its use excluding property of the public schools and property
subject to the jurisdiction of the Commissioners of the Land Office.
2. Each state agency shall, within thirty (30) days of the
closing date for lands newly acquired, provide to the Office of
Management and Enterprise Services a list of records, deeds,
abstracts and other title instruments showing the description of and
relating to any and all such lands or interests therein.
3. The provisions of paragraph 2 of this subsection shall apply
to all lands of public trusts having a state agency as the primary
beneficiary, but shall not apply to lands of municipalities,
counties, school districts, or agencies thereof, or Department of
Transportation rights-of-way.
4. A state agency that sells or otherwise disposes of land
shall notify the Office of Management and Enterprise Services within
thirty (30) days of the disposition closing date.
F. This section shall not be construed to authorize any state
agency, not otherwise authorized by law, to sell, lease, or
otherwise dispose of any real property owned by the state.
G. The Office of Management and Enterprise Services and the
Secretary of the Commissioners of the Land Office, or designee, as
provided in subsection L of this section may provide services to
sell, transfer, trade or purchase real property for other state
agencies.
H. The Director of the Office of Management and Enterprise
Services shall, pursuant to the Administrative Procedures Act,
promulgate rules to effect procedures necessary to the fulfillment
of its responsibilities under this section.
I. The Oklahoma Ordnance Works Authority and its lands, and the
Northeast Oklahoma Public Facilities Authority, the Oklahoma
Historical Society, the Oklahoma Department of Transportation, the
Oklahoma Turnpike Authority and the Department of Wildlife managed
lands shall be exempt from the application of this section. The
Grand River Dam Authority and its lands shall be exempt from the
application of this section for any real property disposed of prior
to November 1, 2006.
ENR. S. B. NO. 1991 Page 10
J. Unless otherwise provided for by law, the procedures
established pursuant to this section for the sale or exchange of
real estate or personal property as authorized pursuant to Sections
2222 and 2223 of Title 74 of the Oklahoma Statutes shall be followed
unless the sale is to an entity of state government.
K. The Director of the Office of Management and Enterprise
Services shall contract with experts, professionals or consultants
as necessary to perform the duties of the Office of Management and
Enterprise Services. Selections shall be made using the
qualifications-based procedures established in Section 62 of this
title and the rules promulgated by the Director for the selection of
construction managers and design consultants.
L. 1. No state agency shall sell, lease, exchange, or
otherwise dispose of such real property subject to its jurisdiction,
or lease, purchase or otherwise acquire real property subject to its
jurisdiction, until such agency or the Office of Management and
Enterprise Services acting on the agency’s behalf has presented to
the Secretary of the Commissioners of the Land Office, or designee,
all information collected pursuant to subparagraph a of paragraph 2
of subsection B of this section, and provided the Secretary of the
Commissioners of the Land Office or designee a twenty-calendar-day
period to provide a proposal for the acquisition or disposal of
applicable real property.
2. The Secretary of the Commissioners of the Land Office or
designee may decline to provide such a proposal; provided such
notice of decline is communicated to the Office of Management and
Enterprise Services in written or electronic form. Upon the
reception of such notice of decline by the Office of Management and
Enterprise Services, the twenty-calendar-day period otherwise
required by this subsection shall be deemed to have expired.
SECTION 6. AMENDATORY 62 O.S. 2021, Section 900, is
amended to read as follows:
Section 900. Sections 1 901 and 2 901.1 of this act title and
Section 188B of Title 73 of the Oklahoma Statutes shall be known and
may be cited as the “State Capital Improvement Planning Act”.
ENR. S. B. NO. 1991 Page 11
SECTION 7. AMENDATORY 62 O.S. 2021, Section 901, as
amended by Section 1, Chapter 439, O.S.L. 2025 (62 O.S. Supp. 2025,
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:
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 appointed by the Governor.
All appointees shall be from the public at large. Within thirty
(30) days of July 1, 2013, the appointing authorities shall appoint
new members to the Commission; provided, a member serving on July 1,
2013, may be reappointed if he or she is otherwise qualified. Of
the members initially appointed by each appointing authority after
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
ENR. S. B. NO. 1991 Page 12
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 May 28, 1992.
D. The Commission shall have the authority to promulgate rules
and regulations necessary to implement the provisions of the State
Capital Improvement Planning Act.
E. The Office of Management and Enterprise Services, with the
advice and assistance of the Deputy Treasurer for Debt Management
and the Oklahoma Capitol Improvement Authority, 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 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 (OCAMP Fund) as follows:
a. the OCAMP Higher Education Five-year Plan, for the
maintaining and repairing of state-owned properties
and for addressing facility needs of public
institutions of higher learning,
b. the OCAMP Tourism and Recreation Five-year Plan, for
the maintaining and repairing of properties and for
addressing facility needs 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 for
addressing facility needs of the state.
2. 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
ENR. S. B. NO. 1991 Page 13
plan five-year plans. 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.
3. The 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
electronically submitted to the Governor, the President Pro Tempore
of the Senate, and the Speaker of the House of Representatives.
4. The Office of Management and Enterprise Services shall
perform routine services to support the eight-year plan five-year
plans, including, but not limited to, agency-level planning, real
estate services, construction services and facility operations as
provided by law.
5. For fiscal year 2029, the Commission shall allocate Oklahoma
Capital Assets Maintenance and Protection Fund monies received 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 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,
ENR. S. B. NO. 1991 Page 14
(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 four-year colleges and
universities except four-year colleges and
universities receiving a Research Colleges and
Universities designation from the Carnegie
Classification of Institutions of Higher
Education,
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.
2. 6. In addition to the requirements set forth in Section
901.1 of this title, the capital plan five-year plans 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 five-year
plans,
d. include a projection of economic and demographic
trends likely to influence the needs of state
government during the eight-year five-year period,
ENR. S. B. NO. 1991 Page 15
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
five-year plans,
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 Oklahoma
Capital Assets Maintenance and Protection 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 five-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 two (2) fiscal years of recommended
capital expenditures inclusive of all funding sources,
for each agency, including facility rent and lease
ENR. S. B. NO. 1991 Page 16
payments, energy and 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 Oklahoma Capital Assets
Maintenance and Protection Fund, and
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 five-year plans shall include, for
each expenditure and class of expenditures, the capital facility
costs to be incurred during the next ensuing fiscal year two (2)
fiscal years, 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 establish standards for costs and benefits
of public facility investments.
I. 1. The Commission, the Office of Management and Enterprise
Services, and the 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
ENR. S. B. NO. 1991 Page 17
Planning Act and such agencies shall respond and 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. The 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 the Oklahoma Capital Assets Maintenance and Protection
Act for no less than one (1) year.
K. 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 8. AMENDATORY 62 O.S. 2021, Section 901.1, is
amended to read as follows:
Section 901.1. A. The Long-Range Capital Planning Commission
shall electronically submit an itemized list of the proposed
projects set forth in its annual capital plan the five-year plans,
created pursuant to paragraph 1 of subsection F of Section 901 of
ENR. S. B. NO. 1991 Page 18
this title, to the Governor, the President Pro Tempore of the
Senate, and the Speaker of the House of Representatives within the
first seven (7) legislative days of a regular legislative session
following each update required pursuant to paragraph 3 of subsection
F of Section 901 of this title. The list shall be in the order of
the priority of the projects as determined by the Commission. The
submission to such elected officials shall occur upon the same date
for purposes of computing the time within which action must be taken
as further prescribed by this subsection. The Legislature shall
have a period of forty-five (45) calendar days from the date on
which the list is submitted to pass a concurrent resolution
disapproving any or all of the proposed projects. If the
Legislature does not disapprove any proposed project by concurrent
resolution by the end of the forty-fifth day following the date upon
which the proposed issuance is submitted, the proposed projects
shall be deemed to have been approved by the Legislature.
B. Upon approval of all or any part of the list of proposed
projects required pursuant to subsection A of this section, the
Office of Management and Enterprise Services may expend funds in the
Maintenance of State Buildings Revolving Fund Oklahoma Capital
Assets Maintenance and Protection Fund for approved projects in the
order of priority set forth in its annual capital plan five-year
plans.
C. In the event an emergency has been declared as provided for
in Section 130 of Title 61 of the Oklahoma Statutes, and as a result
thereof, repair or maintenance of a capital facility held by the
state is required, a state agency may submit a request to the
Director of the Office of Management and Enterprise Services to
substitute the emergency project for any other project or projects
of the state agency on the approved current fiscal year’s Capital
Improvement Plan list required pursuant to subsection A of this
section, or to add the emergency project if the state agency does
not have any projects on the approved current fiscal year’s Capital
Improvement Plan list; provided:
1. The Director determines that there are funds available in
the Maintenance of State Buildings Revolving Fund Oklahoma Capital
Assets Maintenance and Protection Fund to cover all or part of the
cost of the emergency project; and
ENR. S. B. NO. 1991 Page 19
2. The Director electronically submits information on the
emergency project and the cost thereof to the President Pro Tempore
of the Senate and the Speaker of the House of Representatives and
they approve the substitution within five (5) calendar days of such
submission.
D. The Director has authority to redirect funds within the
Maintenance of State Buildings Revolving Fund Oklahoma Capital
Assets Maintenance and Protection Fund for emergency projects
approved by the President Pro Tempore of the Senate and the Speaker
of the House of Representatives.
SECTION 9. AMENDATORY 62 O.S. 2021, Section 908, as
amended by Section 1, Chapter 188, O.S.L. 2023 (62 O.S. Supp. 2025,
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
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.
ENR. S. B. NO. 1991 Page 20
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.
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 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.
I. The Director of the Office of Management and Enterprise
Services shall notify entities found by the Office of Management and
Enterprise Services to be out of compliance with the reporting
provisions of this section in writing.
J. I. This section shall not be applicable to the following or
their lands, properties, buildings, funds, or revenue:
ENR. S. B. NO. 1991 Page 21
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.
K. J. 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 10. AMENDATORY Section 2, Chapter 441, O.S.L.
2024, as amended by Section 3, Chapter 439, O.S.L. 2025 (73 O.S.
Supp. 2025, 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 and proceeds
from the sale of state-owned properties pursuant to the Oklahoma
State Government Asset Reduction and Cost Savings Program. 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 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 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.
ENR. S. B. NO. 1991 Page 22
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
Commission. Such memoranda of understanding shall not constitute a
legal obligation of this state.
C. Limited to the extent required for projects specifically
authorized under the provisions of the Oklahoma Capital Assets
Maintenance and Protection Act State Capital Improvement Planning
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
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
ENR. S. B. NO. 1991 Page 23
deposits of the Oklahoma Capital Assets Maintenance and Protection
Fund.
E. Notwithstanding any provision of law to the contrary, all
interest and income derived from deposits to the OCAMP Fund shall be
credited to the OCAMP Fund.
SECTION 11. AMENDATORY 74 O.S. 2021, Section 61.8, as
amended by Section 1, Chapter 194, O.S.L. 2025 (74 O.S. Supp. 2025,
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
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 Oklahoma Capital
Assets Maintenance and Protection Fund.
C. Prior to entering into or renewing a lease for real
property, each state agency, board, commission, and public trust
having the state 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 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
ENR. S. B. NO. 1991 Page 24
purchase or construction and shall refer the request to the
Commission for action.
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 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
Oklahoma Capital Assets Maintenance and Protection Fund.
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
ENR. S. B. NO. 1991 Page 25
report shall be electronically provided to the Governor, Speaker of
the House of Representatives, and 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 Department of Transportation;
4. The Oklahoma Turnpike Authority; and
5. The Grand River Dam Authority.
I. The Director of the Office of Management and Enterprise
Services may make recommendations to the Long-Range Capital Planning
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 12. NEW LAW A new section of law not to be
codified in the Oklahoma Statutes reads as follows:
Upon the effective date of this act, any remaining, unencumbered
balance in the Maintenance of State Buildings Revolving Fund shall
be transferred to the Oklahoma Capital Assets Maintenance and
Protection Fund.
SECTION 13. RECODIFICATION Section 2, Chapter 441,
O.S.L. 2024, as amended by Section 3, Chapter 439, O.S.L. 2025 (73
O.S. Supp. 2025, Section 188B), and as amended by Section 10 of this
act, shall be recodified as Section 901.2 of Title 62 of the
ENR. S. B. NO. 1991 Page 26
Oklahoma Statutes, unless there is created a duplication in
numbering.
SECTION 14. REPEALER Section 3, Chapter 441, O.S.L.
2024, as amended by Section 2, Chapter 439, O.S.L. 2025 (73 O.S.
Supp. 2025, Section 188A), is hereby repealed.
SECTION 15. This act shall become effective July 1, 2026.
SECTION 16. 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. 1991 Page 27
Passed the Senate the 23rd day of March, 2026.
Presiding Officer of the Senate
Passed the House of Representatives the 13th day of April, 2026.
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: _________________________________