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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 1120 By: West (Rick)
COMMITTEE SUBSTITUTE
An Act relating to the Oklahoma Central Purchasing
Act; amending 74 O.S. 2011, Section 85.3, as last
amended by Section 3, Chapter 98, O.S.L. 2020 (74
O.S. Supp. 2020, Section 85.3), which relates to the
Purchasing Division; allowing certain state entities
to make certain purchases; requiring certain
documentation; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 74 O.S. 2011, Section 85.3, as
last amended by Section 3, Chapter 98, O.S.L. 2020 (74 O.S. Supp.
2020, Section 85.3), is amended to read as follows:
Section 85.3 A. There is hereby created and established in the
Office of Management and Enterprise Services a Purchasing Division,
the administrative head of which shall be the State Purchasing
Director.
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B. The Director of the Office of Management and Enterprise
Services shall hire the State Purchasing Director. The State
Purchasing Director shall:
1. Have a thorough knowledge of office practices and buying
procedures in volume purchasing; and
2. Be a graduate of an accredited college or university with at
least five (5) years' experience in commercial or governmental
purchasing, or, in lieu of such education, have at least ten (10)
years' experience in commercial or governmental purchasing.
C. The State Purchasing Director, with the approval of the
Director of the Office of Management and Enterprise Services, may
employ such personnel as may be necessary to exercise authority and
perform duties under the Oklahoma Central Purchasing Act.
D. All activities of any state agency, department, or
institution relating to purchasing shall be under the direction of
the Purchasing Division unless otherwise provided by the Oklahoma
Central Purchasing Act.
E. The Purchasing Division shall provide qualified personne l to
assist the purchasing activities of state agencies, departments, and
institutions, as required by the Oklahoma Central Purchasing Act.
F. Each state agency, department, and institution shall
designate personnel to coordinate its purchasing functions with the
Purchasing Division.
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G. The Purchasing Division may, if the needs of a state agency,
department, or institution are such as to so require, employ, and
establish a buyer within a state agency. The state agency shall pay
all expenses incurred for any buyer required to be placed within its
agency.
H. Except as provided in Section 34.36 of Title 62 of the
Oklahoma Statutes, no state agency subject to the Oklahoma Central
Purchasing Act shall have or maintain a purchasing section without
the prior approval in writing of the Purchasing Division unless
otherwise provided in the Oklahoma Central Purchasing Act nor shall
such purchasing section perform purchasing functions for another
state agency.
I. The Purchasing Division shall make acquisitions from
industries operated by the Department of Corrections pursuant to the
provisions of Section 549.1 of Title 57 of the Oklahoma Statutes.
J. None of the personnel authorized by this section shall:
1. Sell to or otherwise provide acquisitions to any state
agency subject to the Oklahoma Central Purchasing Act;
2. Be employees, partners, associates, officers, or
stockholders in or with any business entity that sells to or
otherwise provides acquisitions to any state agency subject to the
Oklahoma Central Purch asing Act;
3. Be employed in any of the positions authorized by this
section if a spouse or child owns any stock in any business entity
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which sells to or otherwise provides acquisitions to any agency
subject to the Oklahoma Central Purchasing Act;
4. Be employed in any of the positions authorized by this
section if a relative within the third degree of consanguinity or
affinity sells to or otherwise provides acquisitions to any state
agency subject to the Oklahoma Central Purchasing Act or is
interested in any business entity which does so, except that such
relative, excluding a spouse or child, may own Twenty -five Thousand
Dollars ($25,000.00) worth or less, or one percent (1%) or less,
whichever amount is the lesser amount, of the stock of a corporation
or any business entity which sells to or otherwise provides
acquisitions to any state agency subject to the Oklahoma Central
Purchasing Act; or
5. Violate applicable rules of the Ethics Commission
promulgated pursuant to Article XXIX of the Oklahoma Const itution
that relate to accepting gifts from a vendor or a vendor's agent.
K. Any state agency, department, institution, or satellite
office thereof that is otherwise subject to the provisions of the
Oklahoma Central Purchasing Act, but is located in a cou nty without
contracted vendors, may elect to purchase necessary equipment and
supplies from a local business without first obtaining a waiver from
or the permission of the Purchasing Division. Any state agency that
elects to make purchases from local vend ors pursuant to this
subsection shall maintain a document file for each acquisition the
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state agency makes which shall include, at a minimum, justification
for the acquisition, supporting documentation, copies of all
contracts, if any, pertaining to the ac quisition, evaluations,
written reports if required by contract and any other information
the State Purchasing Director requires to be kept.
SECTION 2. This act shall become effective November 1, 2021.
COMMITTEE REPORT BY: COMMITTEE ON GE NERAL GOVERNMENT, dated
02/25/2021 - DO PASS, As Amended.