Attorney General opinion, 04/17/2012, 2012-5

              OFFICE OF ATTORNEY GENERAL
STATE OF OKLAHOMA
The Honorable Rick Brinkley
State Senator, District 34
ATTORNEY GENERAL OPINION
2012-5
2300 N. Lincoln Blvd, Room 512
Oklahoma City, Oklahoma 73105
Dear Senator Brinkley,
April 17, 2012
This office has received your request for an official Attorney General Opinion in which you ask,
in effect, the following questions:
1. As used in 74 0.S.2011, § 61.7 of the Oklahoma State Government
Asset Reduction and Cost Saving Program, does the phrase "state­owned
properties" mean real property, personal property, or both?
2. Is the Department of Central Services responsible for promulgating
administrative rules establishing the criteria determining the "five
percent (5%) most underutilized state-owned properties" as required
by 74 0.S.2011, § 61.7?
3. If state-owned real property is categorized as underutilized in the
report required by 74 0.S.2011, § 61.7 and is subsequently selected
for disposition, is the disposition governed by the procedures for
disposing of real property established in 74 0.S.2011, § 129.4, and if
state-owned personal property is determined underutilized and
selected for disposition will the State Surplus Property Act govern its
disposition?
4. Does the Department of Central Services have the authority to
contract with a professional auctioneer to provide a public auction or
sealed bid services for disposing of real property under 74 0.S.2011, §
129.4?
5. Does the department, board, commission, institution, or agency that
controls the disposed of property bear the costs of such disposition,
and do they receive the proceeds from the disposition?
313 N.E. 21ST STREET· OKLAHOMA CiTY, OK 73105· (405) 521-3921 • FAX: (405) 521-6246
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