OK
Oklahoma House Bill HB3274

Oklahoma 2022 Regular Session

Oklahoma House Bill HB3274 Compare Versions

Only one version of the bill is available at this time.
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2828 STATE OF OKLAHOMA
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3030 2nd Session of the 58th Legislature (2022)
3131
3232 HOUSE BILL 3274 By: Mize
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3838 AS INTRODUCED
3939
4040 An Act relating to counties and county officers;
4141 amending 19 O.S. 2021, Section 445, which relates to
4242 reports made by county clerk; modifyi ng content of
4343 report; amending 19 O.S. 2021, Section 1505, which
4444 relates to county bid procedure; permitt ing
4545 publication on county webs ite; and providing an
4646 effective date.
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5252 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
5353 SECTION 1. AMENDATORY 19 O.S. 2021, Section 445, is
5454 amended to read as follows :
5555 Section 445. It shall be the duty of the county clerk to make
5656 out a complete report of the proceedings of each regular and special
5757 meeting of the board. Included in su ch report shall be the purpose
5858 of any warrant that is approved for payment at such meeting. The
5959 county clerk shall transmit the report to the publishers of the
6060 newspaper selected by the board to publish such proceedings. The
6161 report may include a complete listing of all claims approved for
6262 payment by the board of county commissioners including the purchase
6363 order or warrant number, payee, purpose and amount of the claim , or
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9090 a total amount of all claims approve d by the board of county
9191 commissioners for payment with the statement that all detailed
9292 information for each approved claim is available in the office of
9393 the county clerk for public inspection. The report shall be made
9494 out and transmitted by the clerk upon the app roval of the board of
9595 county commissioners at its next regularly scheduled meeting, or no
9696 later than ten (10) days from the time the proceedings were had.
9797 SECTION 2. AMENDATORY 19 O.S. 2021, Section 1505, is
9898 amended to read as follows :
9999 Section 1505. The following proced ures shall be used by
100100 counties for the requisition, purchase, lease -purchase, rental, and
101101 receipt of supplies, materials, road and bridge construction
102102 services, equipment an d information technology and telecommunication
103103 goods and services for the maintenan ce, operation, and capital
104104 expenditures of county government unless otherwise provided for by
105105 law.
106106 A. The procedure for requisitioning items for county offices
107107 shall be as follows:
108108 1. The requesting department shall prepare a requisition form
109109 in triplicate. The requisition shall contain any specifications for
110110 an item as deemed necessary by the requesting department. The form
111111 shall be prescribed by the State Auditor and In spector;
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138138 2. The requesting department shall retain a copy of the
139139 requisition and forward the original requisition and a copy to the
140140 county purchasing agent; and
141141 3. Upon receipt of the requisition, the county purchasing
142142 agent, within two (2) working days, shall begin the bidding and
143143 purchasing process as provided for in this section. N othing in this
144144 section shall prohibit the transfer of supplies, materials, or
145145 equipment between county departments upon a written agreement
146146 between county officers.
147147 B. The bid procedure for selecting a vendor for the purchase,
148148 lease-purchase, or rental of supplies, materials, equipment and
149149 information technology and telecommunication goods and services used
150150 by a county shall be as follows:
151151 1. The county purchasing agent sha ll request written
152152 recommendations from all county officers pertaining to needed or
153153 commonly used supplies, materials, road and bridge construction
154154 services, equipment and information technology and telecommunication
155155 goods and services. From such recommen dations and available
156156 requisition, purchase, or inventory records, the county purch asing
157157 agent shall prepare a list of items needed or commonly used by
158158 county officers. The county purchasing agent shall request from the
159159 Purchasing Division or from the Inf ormation Services Division in the
160160 case of information technology and telecommunicat ion goods and
161161 services of the Office of Management and Enterprise Services all
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188188 contracts quoting the price the state is paying for the items. The
189189 county purchasing agent sh all either request the Purchasing Division
190190 or the Information Services Division of the Office of Management and
191191 Enterprise Services, as applicable, to make the purchase for the
192192 county or the county purchasing agent shall solicit bids for unit
193193 prices on the items for periods of not to exceed twelve (12) months
194194 in the manner described in p aragraph 2 of this subsection. If the
195195 county purchasing agent receives a requisition for an item for which
196196 the county purchasing agent does not have a current bid, the coun ty
197197 purchasing agent shall request from the Purchasing Division or the
198198 Information Services Division of the Office of Management and
199199 Enterprise Services, as applicable, all contracts quoting the price
200200 the state is paying for the item. The county purchasing agent shall
201201 either request the Purchasing Division or the Information Services
202202 Division of the Office of Management and Enterprise Services, as
203203 applicable, to make the purchase for the county or the county
204204 purchasing agent shall solicit bids in the manner described in
205205 paragraph 2 of this subsection. Nothing in this paragraph shall
206206 prohibit bids from being taken on an item currently on a twelve -
207207 month bid list, at any time deemed necessary by the county
208208 purchasing agent. Whenever the county purchasing agen t deems it
209209 necessary to take a bid on an item currently on a twelve -month bid
210210 list, the reason for the bid shall be entered into the minutes of
211211 the board of county commissioners;
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238238 2. Bids shall be solicited by mailing or emailing a notice to
239239 all persons or firms who have made a written request of the county
240240 purchasing agent that they be notified of such bid solicitation and
241241 to all other persons or firms who might reasonably be expected to
242242 submit bids. Notice of solicitation of bids shall also be published
243243 one time in a newspaper of general circulation in the county or
244244 published on a county website. Notices shall be mailed and
245245 published at least ten (10) days prior to the date on which the bids
246246 are opened. Proof of the mailing or emailing shall be made by the
247247 affidavit of the person maili ng or emailing the request for bids and
248248 shall be made a part of the official records of the county
249249 purchasing agent. Whenever any prospective supplier or vendor
250250 dealing in or listing for sale any particular item or article
251251 required to be purchased or acqu ired by sealed bids fails to enter
252252 or offer a sealed bid for three successive bid solicitations, the
253253 name of the supplier or vendor may be dropped from the mailing lists
254254 of the board of county commissioners;
255255 3. The sealed bids received from vendors and th e state contract
256256 price received from the applicabl e Division of the Office of
257257 Management and Enterprise Services shall be given to the county
258258 clerk by the county purchasing agent. The county clerk shall
259259 forward the sealed bids and state contract price, if any, to the
260260 board of county commissioners;
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287287 4. The board of county commissioners, in an open meeting, shall
288288 open the sealed bids and compare them to the state contract price.
289289 The board of county commissioners shall select the lowest and best
290290 bid based upon, if applicable, the availability of material an d
291291 transportation cost to the job site within thirty (30) days of the
292292 meeting. For any special item not included on the list of needed or
293293 commonly used items, the requisitioning official shall review the
294294 bids and submit a written recommendation to the boar d before final
295295 approval. The board of county commissioners shall keep a written
296296 record of the meeting as required by law, and any time the lowest
297297 bid was not considered to be the lowest and best bid, the r eason for
298298 such conclusion shall be recorded. When ever the board of county
299299 commissioners rejects the written recommendation of the
300300 requisitioning official pertaining to a special item, the reasons
301301 for the rejection shall be entered in their minutes and sta ted in a
302302 letter to the requisitioning official and county purchasing agent;
303303 5. The county purchasing agent shall notify the successful
304304 bidders and shall maintain a copy of the notification. The county
305305 purchasing agent shall prepare and maintain a vendors list
306306 specifying the successful bidders and shall notify each county
307307 officer of the list. The county purchasing agent may remove any
308308 vendor from such list who refuses to provide goods or services as
309309 provided by contract if the removal is authorized by the board of
310310 county commissioners. The county purcha sing agent may make
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337337 purchases from the successful bidders for a price at or below the
338338 bid price. If a vendor who is the low bidder cannot or will not
339339 sell goods or services as required by a county bid cont ract, the
340340 county purchasing agent may make a one -time purchase from the next
341341 lowest or best quote or take quotations as provided in paragraph 6
342342 of this subsection; provided, however, such purchase does not exceed
343343 Twenty-five Thousand Dollars ($25,000.00) a s the amount specified in
344344 subparagraph a of paragr aph 3 of subsection A of Section 1501 of
345345 this title; and
346346 6. When bids have been solicited as provided for by law and no
347347 bids have been received, the procedure shall be as follows:
348348 a. the county purchasing agent shall determine if
349349 potential vendors are wil ling to commit to a firm
350350 price for a reduced period of time, and, if such is
351351 the case, the bid procedure described in this
352352 subsection shall be followed,
353353 b. if vendors are not willing to commit to a firm pri ce
354354 for a reduced period, the purchasing agent shal l
355355 solicit and record at least three quotes of current
356356 prices available to the county and authorize the
357357 purchase of goods or services based on the lowest and
358358 best quote as it becomes necessary to acquire suc h
359359 goods or services. The quotes shall be recorded on a
360360 form prescribed by the State Auditor and Inspector and
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387387 shall be attached to the purchase order and filed with
388388 the county clerk's copy of the purchase order. Any
389389 time the lowest quote was not consider ed to be the
390390 lowest and best quote, the reason for this conclusion
391391 shall be recorded by the county purchasing agent and
392392 transmitted to the county clerk, or
393393 c. if three quotes are not available, a memorandum to the
394394 county clerk from the county purchasing ag ent shall
395395 describe the basis upon which a purchase is
396396 authorized. The memorandum shall state the reasons
397397 why the price for such a purchase is the lowest and
398398 best under the circumstances. The county clerk shall
399399 then attach the memorandum to the county cle rk's copy
400400 of the purchase order and file both in t he office of
401401 the county clerk.
402402 C. After selection of a vendor, the procedure for the purchase,
403403 lease-purchase, or rental of supplies, materials, road and bridge
404404 construction services, equipment and informa tion technology and
405405 telecommunication goods and se rvices used by a county shall be as
406406 follows:
407407 1. The county purchasing agent shall prepare a purchase order
408408 in quadruplicate and submit it with a copy of the requisition to the
409409 county clerk;
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436436 2. The county clerk shall then encumber the amount stated on
437437 the purchase order and assign a sequential number to the purchase
438438 order;
439439 3. If there is an unencumbered balance in the appropriation
440440 made for that purpose by the county excise board, the county clerk
441441 shall so certify in the following form:
442442 "I hereby certify that the amount of this encumbrance has been
443443 entered against the designated appropriation accounts and that this
444444 encumbrance is within the authorized available balance of the
445445 appropriation.
446446 Dated this ________ day of ________, 20__.
447447 _______________________ _________
448448 County Clerk/Deputy
449449 of _____________________ County. "
450450 In instances where it is impossible to ascertain the exact amount of
451451 the indebtedness sought to be incurred at the time of recording the
452452 encumbrance, an estimated amount may be used. No purch ase order
453453 shall be valid unless signed by the county purchasing agent and
454454 certified by the county clerk; and
455455 4. The county clerk shall file the original purchase order and
456456 return three copies to the county purchasing agent who shall file a
457457 copy, retain a copy for the county road and bridge inventory officer
458458 if the purchase order is for the purchase of equipment, supplies, or
459459 materials for the construction or maintenance of roads and bridges,
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486486 and submit the other copy to the receiving officer of the request ing
487487 department.
488488 D. 1. The procedure for the purchase of supplies, materials,
489489 equipment and information technology and telecommunication goods and
490490 services at public auction or by sealed bid to be used by a county
491491 shall be as follows:
492492 a. the county purchasing agent shall prepare a purchase
493493 order in quadruplicate and submit it with a copy of
494494 the requisition to the county clerk,
495495 b. the county clerk shall then encumber the amount stated
496496 on the purchase order a nd assign a sequential number
497497 to the purchase orde r,
498498 c. if there is an unencumbered balance in the
499499 appropriation made for that purpose by the county
500500 excise board, the county clerk shall so certify in the
501501 following form:
502502 "I hereby certify that the amount of this encumbrance
503503 has been entered against the des ignated appropriation
504504 accounts and that this encumbrance is within the
505505 authorized available balance of the appropriation.
506506 Dated this ________ day of ________, 20__.
507507 ________________________________
508508 County Clerk/Deputy
509509 of _____________________ County. "
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536536 In instances where it is impossible to ascertain the
537537 exact amount of the indebtedness sought to be incurred
538538 at the time of recording the encumbrance, an estimated
539539 amount may be used. No purchase order shall be valid
540540 unless signed by the county purchasing agen t and
541541 certified by the county clerk, and
542542 d. the county clerk shall file the original purchase
543543 order and return three copies to the county purchasing
544544 agent who shall file a copy, retain a copy for the
545545 county road and bridge inventory officer if the
546546 purchase order is for the purchase of equipment,
547547 supplies, or materials for the construction or
548548 maintenance of roads and bridges, and submit the other
549549 copy to the receiving officer of the requesting
550550 department.
551551 2. The procedure for the purchase of supplies, mater ials and
552552 equipment at a public auction when the purchase will be made with
553553 the proceeds from the sale of county property at the same public
554554 auction are as follows:
555555 a. the purchasing agent shall cause such i tems being sold
556556 to be appraised in the manner dete rmined in Section
557557 421.1 of this title,
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584584 b. the county purchasing agent shall prepare a purchase
585585 order in quadruplicate and submit it with a copy of
586586 the requisition to the county clerk,
587587 c. the county clerk shall then encumber the amount of the
588588 appraised value and any additional funds obligated by
589589 the county on the purchase order and assign a
590590 sequential number to the purchase order,
591591 d. the county clerk shall certify that the amount of the
592592 encumbrance is equal t o the appraised value of the
593593 item being sold plus any additional funds obligated by
594594 the county. In effect the recording of the
595595 encumbrance is an estimate that is authorized by law.
596596 No purchase order shall be valid unless signed by the
597597 county purchasing agent and certified by the county
598598 clerk,
599599 e. the county clerk shall file the original purchase
600600 order and return three copies to the county purchasing
601601 agent who shall file a copy, retain a copy for the
602602 county road and bridge inventory officer if the
603603 purchase order is for the purchase of equipment,
604604 supplies or materials for the construction or
605605 maintenance of roads and bridges, and submit the other
606606 copy to the receiving officer of the requesting
607607 department, and
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634634 f. a purchase shall not be bid until such time that the
635635 appraised item or items are sold. Any item o r items
636636 purchased shall not exceed the appraised value plus
637637 any additional funds obligated by the county or the
638638 actual selling price of the item or items, whichever
639639 is the lesser amount.
640640 E. The procedure for the receipt of items shall be as follows:
641641 1. A receiving officer for the requesting department shall be
642642 responsible for receiving all items delivered to that department;
643643 2. Upon the delivery of an item, the receiving officer shall
644644 determine if a purch ase order exists for the item being delivered;
645645 3. If no such purchase order has been provided, the receiving
646646 officer shall refuse delivery of the item;
647647 4. If a purchase order is on file, the receiving officer shall
648648 obtain a delivery ticket, bill of ladin g, or other delivery document
649649 and compare it with the purchase order. If any item is back-
650650 ordered, the back order and estimated date of delivery shall be
651651 noted in the receiving report;
652652 5. The receiving officer shall complete a receiving report in
653653 quadruplicate which shall state the quantity and quality of goods
654654 delivered. The receiving report form shall be prescribed by the
655655 State Auditor and Inspector. The person delivering the goods shall
656656 acknowledge the delivery by signature, noting the date and time;
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683683 6. The receiving officer shall file the original receiving
684684 report and submit:
685685 a. a copy of the purchase order and a copy of the
686686 receiving report to the county purchasing agent, and
687687 b. a copy of the receiving report with the delivery
688688 documentation to the county clerk;
689689 7. The county purchasing agent shal l file a copy of the
690690 purchase order and a copy of the receiving report;
691691 8. Upon receipt of the original receiving report and the
692692 delivery documentation, the county clerk shall maintain a file until
693693 such time as an invoice is received from the vendor;
694694 9. The invoice shall state the name and address of the vendor
695695 and must be sufficiently itemized to clearly describe each item
696696 purchased, the unit price when applicable, the number or volume of
697697 each item purchased, the total price, the total purchase price, an d
698698 the date of the purchase;
699699 10. Upon receipt of an invoice, the county clerk shall compare
700700 the following documents:
701701 a. requisition,
702702 b. purchase order,
703703 c. invoice with noncollusion affidavit as required by
704704 law,
705705 d. receiving report, and
706706 e. delivery document.
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733733 The documents shall be available for public inspection during
734734 regular business hours; and
735735 11. If the documents conform as to the quantity and quality of
736736 the items, the county clerk shall prepare a warran t for payment
737737 according to procedures provided for by law.
738738 F. The following procedures are for the processing of purchase
739739 orders:
740740 1. The purchasing agent shall be allowed up to three (3) days
741741 to process purchase orders to be presented to the board of cou nty
742742 commissioners for consideration and payment. Nothing herein shall
743743 prevent the purchasing agent from processing or the board of county
744744 commissioners from consideration and payment of utilities, travel
745745 claims and payroll claims;
746746 2. The board of county commissioners shall consider the
747747 purchase orders so presented and act upon the purchase orders, by
748748 allowing in full or in part or by holding for further information or
749749 disallowing the same. The disposition of purchase orders shall be
750750 indicated by the boar d of county commissioners, showing the amounts
751751 allowed or disallowed and shall be signed by at least two members of
752752 the board of county commissioners. Any claim held over for further
753753 information shall be acted upon by allowing or disallowing same at
754754 any future meeting of the board held within seventy -five (75) days
755755 from the date of filing of the purchase order. Any purchase order
756756 not acted upon within the seventy -five (75) days from the date of
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783783 filing shall be deemed to have been disallowed, but such
784784 disallowance shall not prevent the refiling of the pur chase order at
785785 the proper time; and
786786 3. Whenever any allowance, either in whole or in part, is made
787787 upon any purchase order presented to the board of county
788788 commissioners and is accepted by the person makin g the claim, such
789789 allowance shall be a full settle ment of the entire purchase order
790790 and provided that the cashing of warrant shall be considered as
791791 acceptance by the claimant.
792792 G. The procedure upon consumption or disposal of supplies,
793793 materials, or equipm ent shall be as follows:
794794 1. For consumable road o r bridge items or materials, a
795795 quarterly report of the road and bridge projects completed during
796796 such period shall be prepared and kept on file by the consuming
797797 department. The quarterly report may be prep ared and kept
798798 electronically by the consuming depa rtment. The report shall
799799 contain a record of the date, the place, and the purpose for the use
800800 of the road or bridge items or materials. For purposes of
801801 identifying county bridges, the board of county comm issioners shall
802802 number each bridge subject to its jurisdiction; and
803803 2. For disposal of all equipment and information technology and
804804 telecommunication goods which originally cost more than Five Hundred
805805 Dollars ($500.00), resolution of disposal shall be sub mitted by the
806806 officer on a form prescribed by the State Auditor and Inspector's
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833833 Office to the board of county commissioners. The approval of the
834834 resolution of disposal shall be entered into the minutes of the
835835 board.
836836 H. Inventory forms and reports shall b e retained for not less
837837 than two (2) years after a ll audit requirements for the state and
838838 federal government have been fulfilled and after any pending
839839 litigation involving the forms and reports has been resolved.
840840 I. The procedures provided for in this sec tion shall not apply
841841 when a county officer certifi es that an emergency exists requiring
842842 an immediate expenditure of funds. Such an expenditure of funds
843843 shall not exceed Five Thousand Dollars ($5,000.00). The county
844844 officer shall give the county purchasin g agent a written explanation
845845 of the emergency. T he county purchasing agent shall attach the
846846 written explanation to the purchase order. The purchases shall be
847847 paid by attaching a properly itemized invoice, as described in this
848848 section, to a purchase orde r which has been prepared by the county
849849 purchasing agent and submitting them to the county clerk for filing,
850850 encumbering, and consideration for payment by the board of county
851851 commissioners.
852852 J. The county purchasing agent may authorize county purchasing
853853 officers to make acquisitions through the state purc hase card
854854 program as authorized by the State Purchasing Director in accordance
855855 with Section 85.5 of Title 74 of the Oklahoma Statutes and defined
856856 in Section 85.2 of Title 74 of the Oklahoma Statutes. Purch ase
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883883 cardholders shall sign a purchase card agreeme nt prior to becoming a
884884 cardholder and attend purchase card procedure training as required
885885 by the State Purchasing Director. Complete descriptions of
886886 purchases made by county government entities shall be pu blished
887887 through the state transparency portal purs uant to Section 85.33B of
888888 Title 74 of the Oklahoma Statutes, and as warrants required to be
889889 published pursuant to Sections 444 and 445 of this title.
890890 K. Nothing in this section shall prohibit counties from
891891 providing material and/or services bids on the tw elve-month bid list
892892 to all road and bridge projects and contracts. All non -road and
893893 bridge related construction contracts shall refer to subsection A of
894894 Section 103 of Title 61 of the Oklahoma Statutes.
895895 SECTION 3. This act shall become ef fective November 1, 2022.
896896
897897 58-2-9285 MJ 01/07/22