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28	28	STATE OF OKLAHOMA
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30	30	1st Session of the 58th Legislature (2021)
31	31
32	32	HOUSE BILL 2710 By: Bell
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38	38	AS INTRODUCED
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40	40	An Act relating to state government; amending 74 O.S.
41	41	2011, Section 85.12, as last amended by Section 11,
42	42	Chapter 98, O.S.L. 2020 (74 O.S. Supp. 2020, Section
43	43	85.12), which relates to acquisitions; modifying
44	44	acquisitions that are not subject to certain
45	45	provisions of the Oklahoma Central Purchasing Act;
46	46	and providing an effective date .
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54	54	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
55	55	SECTION 1. AMENDATORY 74 O.S. 2011, Section 85.12, as
56	56	last amended by Section 11, Chapter 98, O.S.L. 2020 (74 O.S. Supp.
57	57	2020, Section 85.12), is amended to read as follows:
58	58	Section 85.12 A. The provisions of this sect ion shall not be
59	59	construed to affect any law relating to fiscal or accounting
60	60	procedure except as they may be directly in conflict herewith; and
61	61	all claims, warrants, and bonds shall be examined, inspected, and
62	62	approved as now provided by law.
63	63	B. Except as otherwise provided by this section, the
64	64	acquisitions specified in this subsection shall be made in
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91	91	compliance with Section 85.39 of this title and purchasing card
92	92	program requirements but are not subject to other provisions of the
93	93	Oklahoma Central Purcha sing Act:
94	94	1. Food and other products produced by state institutions and
95	95	agencies;
96	96	2. The printing or duplication of publications or forms of
97	97	whatsoever kind or character by state agencies if the work is
98	98	performed upon their own equipment by their own emp loyees. Pursuant
99	99	to this paragraph, the state agency may only use equipment owned or
100	100	leased by the agency and may only utilize that equipment for
101	101	printing services required by the agency in performing duties
102	102	imposed upon the agency or functions authorized to be performed by
103	103	the agency. Any use of the equipment by the agency pursuant to an
104	104	agreement or contract with any other entity resulting in delivery of
105	105	intermediate or finished products to the entity purchasing or using
106	106	the products shall be subject to the provisions of this act and
107	107	associated rules;
108	108	3. Department of Transportation and Transportation Commission
109	109	contractual services or right -of-way acquisitions, contracts awarded
110	110	pursuant to bids let by the Transportation Commission for the
111	111	maintenance or construction of streets, roads, highways, bridges,
112	112	underpasses, or any other transportation facilities under the
113	113	control of the Department of Transportation, equipment or material
114	114	acquisitions accruing to the Department of Transportation required
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141	141	in Federal-Aid contracts, and acquisitions for public -service-type
142	142	announcements initiated by the Department of Transportation, but not
143	143	acquisitions for advertising, public relations or employment
144	144	services;
145	145	4. Utility services regulated by a state or federal re gulatory
146	146	commission, municipal ordinance or an Indian Tribal Council;
147	147	5. Acquisitions by the University Hospitals Authority. The
148	148	Authority shall develop standards for the acquisition of products
149	149	and services and may elect to utilize the Purchasing Divisi on. The
150	150	standards shall foster economy and short response time and shall
151	151	include appropriate safeguards and record -keeping requirements to
152	152	ensure appropriate competition and economical and efficient
153	153	purchasing;
154	154	6. Custom harvesting by the Department of C orrections for the
155	155	Department or its institutions;
156	156	7. Subject to prior approval of the State Purchasing Director,
157	157	acquisitions from private prison suppliers which are subject to the
158	158	contracting procedures of Section 561 of Title 57 of the Oklahoma
159	159	Statutes;
160	160	8. Acquisitions by the Oklahoma Municipal Power Authority;
161	161	9. Acquisitions by the Grand River Dam Authority;
162	162	10. Acquisitions by rural water, sewer, gas or solid waste
163	163	management districts created pursuant to the Rural Water, Sewer, Gas
164	164	and Solid Waste Management Districts Act;
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191	191	11. Acquisitions by the Oklahoma Ordnance Works Authority, the
192	192	Northeast Oklahoma Public Facilities Authority or the Midwestern
193	193	Oklahoma Development Authority;
194	194	12. Expenditure of monies appropriated to the State Board of
195	195	Education for Local and State Supported Financial Support of Public
196	196	Schools, except monies allocated therefrom for the Administrative
197	197	and Support Functions of the State Department of Education;
198	198	13. Expenditure of monies appropriated to the State Department
199	199	of Rehabilitation Services for educational programs or educational
200	200	materials for the Oklahoma School for the Blind and the Oklahoma
201	201	School for the Deaf;
202	202	14. Contracts entered into by the Oklahoma Department of Career
203	203	and Technology Education for the develop ment, revision or updating
204	204	of vocational curriculum materials, and contracts entered into by
205	205	the Oklahoma Department of Career and Technology Education for
206	206	training and supportive services that address the needs of new or
207	207	expanding industries;
208	208	15. Contracts entered into by the Oklahoma Center for the
209	209	Advancement of Science and Technology for professional services;
210	210	16. Contracts entered into by the Oklahoma Department of
211	211	Commerce pursuant to the provisions of Section 5066.4 of this title;
212	212	17. Acquisitions made by the Oklahoma Historical Society from
213	213	monies used to administer the White Hair Memorial;
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240	240	18. Purchases of pharmaceuticals available through a multistate
241	241	or multigovernmental contract if such pharmaceuticals are or have
242	242	been on state contract withi n the last fiscal year, and the terms of
243	243	such contract are more favorable to the state or agency than the
244	244	terms of a state contract for the same products, as determined by
245	245	the State Purchasing Director. The state entity designated by law,
246	246	as specified in Section 1010.3 of Title 56 of the Oklahoma Statutes,
247	247	shall participate in the purchase of pharmaceuticals available
248	248	through such contracts;
249	249	19. Contracts for managed health care services entered into by
250	250	the state entity designated by law or the Department of Human
251	251	Services, as specified in paragraph 1 of subsection A of Section
252	252	1010.3 of Title 56 of the Oklahoma Statutes;
253	253	20. Acquisitions by a state agency through a General Services
254	254	Administration contract or other federal contract if the
255	255	acquisitions are not on current statewide contract or the terms of
256	256	the federal contract are more favorable to the agency than the terms
257	257	of a statewide contract for the same products;
258	258	21. Acquisitions of clothing for clients of the Department of
259	259	Human Services and acquisi tions of food for group homes operated by
260	260	the Department of Human Services;
261	261	22. Acquisitions by the Oklahoma Energy Resources Board;
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288	288	23. Acquisitions of clothing for juveniles in the custody of
289	289	the Office of Juvenile Affairs and acquisitions of food for group
290	290	homes operated by the Office of Juvenile Affairs;
291	291	24. State contracts for flexible benefits plans pursuant to the
292	292	Oklahoma State Employees Benefits Act, Section 1361 et seq. of this
293	293	title;
294	294	25. Acquisitions by the Department of Securities to
295	295	investigate, initiate, or pursue administrative, civil, or criminal
296	296	proceedings involving potential violations of the acts under the
297	297	Department's jurisdiction and acquisitions by the Department of
298	298	Securities for its investor education program;
299	299	26. Acquisitions for resale in and through canteens operated
300	300	pursuant to Section 537 of Title 57 of the Oklahoma Statutes and
301	301	canteens established at an institution or facility operated by the
302	302	Office of Juvenile Affairs;
303	303	27. Acquisitions by the Oklahoma Boll Weevil Eradica tion
304	304	Organization for employment and personnel services, and for
305	305	acquiring sprayers, blowers, traps, and attractants related to the
306	306	eradication of boll weevils in this state or as part of a national
307	307	or regional boll weevil eradication program;
308	308	28. Contracts entered into by the Oklahoma Indigent Defense
309	309	System for expert services pursuant to the provisions of subsection
310	310	D of Section 1355.4 of Title 22 of the Oklahoma Statutes;
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337	337	29. Acquisitions by the Oklahoma Correctional Industries and
338	338	the Agri-Services programs of the Department of Corrections of raw
339	339	materials, component parts and other products, any equipment
340	340	excluding vehicles, and any services excluding computer consultant
341	341	services used to produce goods or services for resale and for the
342	342	production of agricultural products;
343	343	30. Contracts entered into by the Department of Human Services
344	344	for provision of supported living services to members of the
345	345	plaintiff class in Homeward Bound, Inc., et al. v. The Hissom
346	346	Memorial Center, et al., Case Number 85 -C-437-E, United States
347	347	District Court for the Northern District of Oklahoma;
348	348	31. Contracts negotiated by the Office of Juvenile Affairs with
349	349	designated Youth Services Agencies and the Oklahoma Association of
350	350	Youth Services, or another Oklahoma nonprofit corpora tion whose
351	351	membership consists solely of Youth Services Agencies and of whom at
352	352	least a majority of Youth Services Agencies are members, pursuant to
353	353	the provisions of Section 2 -7-306 of Title 10A of the Oklahoma
354	354	Statutes and contracts entered into by the D epartment of Human
355	355	Services pursuant to Section 1 -9-110 of Title 10A of the Oklahoma
356	356	Statutes with designated Youth Services Agencies;
357	357	32. Contracts for annuities for structured settlements provided
358	358	for in Section 158 of Title 51 of the Oklahoma Statutes;
359	359	33. Subject to subsection E of this section, purchases made
360	360	from funds received by local offices administered by the Department
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387	387	of Human Services or administered by the Office of Juvenile Affairs
388	388	for fund-raising fundraising activities and donations for the
389	389	benefit of clients and potential clients at the local offices where
390	390	such purchases may not otherwise be paid for from appropriated
391	391	funds; and
392	392	34. Acquisitions by the Oklahoma Historical Society for
393	393	restoration of historical sites and museums although the agency may
394	394	elect to utilize the Purchasing Division for an acquisition with
395	395	supplier and bid selection being the prerogative of the agency,
396	396	based on the supplier 's documented qualifications and experience ;
397	397	and
398	398	35. Acquisitions of clothing and food for patients in care of
399	399	the J.D. McCarty Center for Children with Developmental
400	400	Disabilities.
401	401	C. Pursuant to the terms of a contract the State Purchasing
402	402	Director enters into or awards, a state agency, common school,
403	403	municipality, rural fire protection distr ict, county officer or any
404	404	program contract, purchase, acquisition or expenditure that is not
405	405	subject to the provisions of the Oklahoma Central Purchasing Act,
406	406	may, unless acting pursuant to a contract with the state that
407	407	specifies otherwise, make use of s tatewide contracts and the
408	408	services of the Purchasing Division and the State Purchasing
409	409	Director. Any political subdivision or rural fire protection
410	410	district may designate the State Purchasing Director as its agent
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437	437	for any acquisition from a statewide con tract or otherwise available
438	438	to the state.
439	439	D. The State Purchasing Director may make periodic audits of
440	440	the purchasing procedures of acquisitions listed in subsection B of
441	441	this section to ensure that the procedures are being followed.
442	442	E. With respect to the Department of Human Services or the
443	443	Office of Juvenile Affairs, as applicable, monies received by
444	444	fundraising activities or donations from the local office, vending
445	445	operations administered by employees of the agency and all other
446	446	nonrestricted cash and cash-equivalent items received by employees
447	447	of the agency shall be deposited in the agency special account
448	448	established for this purpose. The deposits shall be made at local
449	449	banking institutions approved by the State Treasurer.
450	450	SECTION 2. This act shall become effective November 1, 2021.
451	451
452	452	58-1-6433 CMA 12/29/20

Oklahoma 2022 Regular Session

Oklahoma House Bill HB2710 Compare Versions