STATE OF OKLAHOMA

1st Session of the 52nd Legislature (2009)

SENATE BILL 523	By:	Aldridge

AS INTRODUCED

An Act relating to state government; amending 74 O.S. 2001, Section 129.4, as last amended by Section 36, Chapter 271, O.S.L. 2006 (74 O.S. Supp. 2008, Section 129.4), which relates to the sale of certain state property; expanding types of property subject to certain requirements; providing an effective date; and declaring an emergency.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     74 O.S. 2001, Section 129.4, as last amended by Section 36, Chapter 271, O.S.L. 2006 (74 O.S. Supp. 2008, Section 129.4), is amended to read as follows:
Section 129.4  A.  Unless procedures for state agency transactions to lease or acquire ~~real~~ property, or lease, dispose of or transfer state-owned ~~real~~ property are otherwise provided for by law, no department, board, commission, institution, authority, or agency of this state shall sell, lease, exchange, or otherwise dispose of such ~~real~~ property subject to its jurisdiction except as provided for in this section.
B.  1.  Every department, board, commission, institution, authority or agency, upon legislative authorization or directive to dispose of a parcel of real or other property or upon a determination, in writing, by said department, board, commission, institution, authority or agency that ~~a parcel of real~~ property subject to its jurisdiction is no longer needed ~~by said department, board, commission, institution, or agency~~, shall request the Department of Central Services to dispose of said ~~real~~ property.
2.  Upon notification by the department, board, commission, institution, authority or agency to sell ~~a parcel of~~ ~~real~~ property, or upon legislative directive to sell state property, the Department of Central Services shall:
a.	when appropriate, determine whether a study conducted pursuant to Section 456.7 of this title is in the best interest of the state,
b.	obtain three new and complete appraisals on properties with an estimated value that equals or exceeds One Million Dollars ($1,000,000.00); or, two new and complete appraisals on properties with an estimated value greater than One Hundred Thousand Dollars ($100,000.00) and less than One Million Dollars ($1,000,000.00); or, one new and complete appraisal on properties with an estimated value less than One Hundred Thousand Dollars ($100,000.00).  ~~The~~ For the sale of real property, the appraisals shall be made by persons certified by the Real Estate Appraiser Board of the Oklahoma Insurance Department, or, for the sale of other property, by certified appraisers in the relevant area of specialization, who shall ascertain:
(1)	the present fair value of the property, and
(2)	the present value of the improvements on such property, and
(3)  the actual condition of the improvements on the property,
c.	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 for at least 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 and other 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~~ its appraised value ~~of the real property~~, and
d.	offer said property through public auction or sealed bids within three (3) weeks after the last publication of the notice in said newspapers.  The property shall be sold to the highest bidder.  The Department of Central Services shall not accept a bid of less than ninety percent (90%) of the appraised fair value of the property and the improvements on such property.  The Department of Central Services is authorized to reject all bids.
3.  The cost of the appraisements required by the provisions of this section, together with other necessary expenses incurred pursuant to this section, shall be paid by the department, board, commission, institution, or agency for which the real property is to be sold from funds available to said department, board, commission, institution, or agency for such expenditure.  All monies received from the sale or disposal of said property, except those monies necessary to pay the expenses incurred pursuant to this section, shall be deposited in the General Revenue Fund.
C.  Unless otherwise provided by law, the Department of Central Services shall review and approve state agency transactions to lease or acquire real property, or lease, dispose of or transfer state-owned real property.  A state agency shall not lease or acquire real property, or lease, dispose of or transfer state-owned ~~real~~ property until the Department provides notice of transaction approval to the state agency.  Prior to approval, a state agency shall provide documents to the Department 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.  Within thirty (30) days of receipt, the Department 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, real property subject to supervision of the Commissioners of the Land Office or district boards of education.
E.  The Department of Central Services shall maintain a comprehensive inventory of state-owned real property and its use excluding property of the public schools and property subject to the jurisdiction of the Commissioners of the Land Office.
1.  Each state agency shall, within thirty (30) days of the closing date for lands newly acquired, provide to the Department 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.
2.  The provisions of paragraph 1 of this subsection shall apply to all lands of public trusts having a state agency as the primary benefactor, but shall not apply to lands of municipalities, counties, school districts, or agencies thereof, or Department of Transportation rights-of-way.
3.  A state agency that sells or otherwise disposes of land shall notify the Department within thirty (30) days of the disposition closing date.
F.  This section shall not be construed to authorize any department, board, commission, institution, or agency, not otherwise authorized by law, to sell, lease, or otherwise dispose of any ~~real~~ property owned by the state.
G.  The Department of Central Services may provide services to sell or purchase ~~real~~ property for other state agencies.  
H.  The Director of the Department of Central 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 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.
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 this title shall be followed unless the sale is to an entity of state government.
K.  The Director of the Department of Central Services shall contract with experts, professionals or consultants as necessary to perform the duties of the Department.  Selections shall be made using the qualifications-based procedures established in Section 62 of Title 61 of the Oklahoma Statutes, and the rules promulgated by the Director for the selection of construction managers and design consultants.
SECTION 2.  This act shall become effective July 1, 2009.
SECTION 3.  It being immediately necessary for the preservation of the public peace, health and 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.

52-1-902	JK	1/9/2009 3:17:51 PM