Oklahoma 2022 Regular Session

Oklahoma House Bill HB3344 Latest Draft

Bill / Enrolled Version Filed 04/26/2022

                            An Act 
ENROLLED HOUSE 
BILL NO. 3344 	By: Sims of the House 
 
   and 
 
  Kidd of the Senate 
 
 
 
 
 
 
An Act relating to counties and county officers; 
amending 19 O.S. 2021, Section 1501, which relates to 
duties of county purchasing agent; adding 
requirements for heavy equipment repairs; amending 19 
O.S. Section 1502, which relates to inventory system 
for county supplies, materials, and equipment; 
modifying dollar amount; modifying inventory 
threshold; amending 19 O.S. 2021, Section 1505 , which 
relates to procedure for requisition, purchase, and 
rental of supplies, materials , and equipment; 
directing that counties specify in notice of what 
bids shall be received; and providing an effective 
date. 
 
 
 
SUBJECT: Counties and county officers 
 
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: 
 
SECTION 1.    AMENDATORY     19 O.S. 2021, Section 1501, is 
amended to read as follows : 
 
Section 1501. A.  The county purchasing agent: 
 
1.  Shall, within the amount of the unencumbered balance, make 
all purchases that are paid from county funds for the variou s 
institutions, departments, officers, and employees of the county, 
except at public auction s and as otherwise provided for by law; 
 
2.  May make purchases for politi cal subdivisions of this state 
within the county if authorized by appropriate action of the 
governing board or body of the political subdivision affected;  ENR. H. B. NO. 3344 	Page 2 
 
3.  Shall make purchases and rental or lease-purchase agreements 
only after following the bidding pro cedures as provided for by law, 
except: 
 
a. when the purchase does not exceed Twenty-five Thousand 
Dollars ($25,000.00) by department.  All purchases 
made pursuant to this subparagraph shall be by a 
single purchase order.  Splitting purchase orders 
which would result in paying an amount in excess of 
the limitations specified in this subparagraph is 
expressly prohibited.  Any person convicted of 
violating the provisions of this subparagr aph shall be 
guilty of a misdemeanor and such person shall forfeit 
the person's position or office, 
 
b. when the total payments of a rental or lease-purchase 
agreement do not exceed the current bid limit as 
established in subparagraph a of this paragraph, 
 
c. when articles and items are covered by single -source 
contracts, 
 
d. service or maintenance contracts on equipment or 
machinery which are entered into at the time o f the 
purchase of the equipment or machinery, 
 
e. purchases made pursuant to a blanket purcha se order as 
provided for in Section 310.8 of Title 62 of the 
Oklahoma Statutes, 
 
f. when materials for road or bridge improvements do not 
exceed Seven Dollars ($7.00 ) per yard or per ton, 
 
g. purchases of fuel if the county purchasing agent 
obtains quotes from at least three vendors prior to 
the purchase and the lowest and best q uote is 
selected.  Documentation of these quotes shall be 
recorded in the permanent records of the clerk, 
 
h. purchases of tools, apparatus, machinery or equipment 
from a state agency or a political subdivision of the 
state as provided for in subsection C o f Section 421.1 
of this title, 
  ENR. H. B. NO. 3344 	Page 3 
i. purchases of food for prisoner s incarcerated in the 
county jail; provided, in counties having a population 
in excess of one hundred thousand (100,000 ) persons, 
the county purchasing agent shall follow bidding 
procedures as provided by law unless the county 
purchasing agent obtains quot es pursuant to the whole 
total of food items requisitioned prior to the 
purchase and the lowest and best quote is selec ted.  
Documentation of these quotes shall be recorded in the 
permanent records of the county clerk, 
 
j. when a county solicits bids for th e purchase of 
processed native materials for road and bridge 
improvements, the county may accept all bids received, 
with the lowest and best bid from those accepted to be 
selected at the time of opening of any construction 
project.  The selection of the bi d shall be based upon 
availability, bid price, plus transportation costs, 
 
k. when a vendor has been selected as the low est and best 
bidder to furnish a particular item or items to the 
county during a specified time period and in the event 
the vendor is unable to perform, the purchas ing agent 
may solicit telephone quotes for the item or items 
needed from the list of qualifi ed bidders and provide 
for the purchase of the items at the lowest and be st 
quote available, 
 
l. when considering the purchase of an item or items from 
the state bid list as provided by the Office of 
Management and Enterprise Services or the General 
Services Administration, if the same exact item is 
available from a local vendor at or below the price 
listed on the state bid list or the Gener al Services 
Administration list, the item may be obtained from the 
vendor, 
 
m. any item or items bid by the Office of Ma nagement and 
Enterprise Services which may be purchased by the 
county, provided the vendor is willing to supply the 
item or items to the county at the bid price, 
 
n. when a county obtains proceeds from the sale of its 
property at a public auction, that coun ty may use 
those proceeds to acquire items previously identified  ENR. H. B. NO. 3344 	Page 4 
as needed by the county at the same public auction 
pursuant to subsectio n D of Section 1505 of this 
title, 
 
o. when an item or items have been competitively bid by a 
county, or on behalf of a group of counties, provided: 
 
(1) the notice to bidders shall list each co unty 
which may participate in the purchase of the item 
or items being bid, 
 
(2) the notice of bid is advertised, as provided by 
law, in each of the counties which may 
participate in the purchase of the item or items, 
 
(3) all vendors on the list of qualified bidders of 
each participating county who offer the item or 
items for sale received notice of the bid 
request, and 
 
(4) the vendor awarded the bid is willing and able to 
provide the item or items at the bid price, 
 
p. counties may participate in a nationwide purchasing 
program sponsored by the national association 
representing counties and local c ooperative 
procurement agreements entered into by the counties 
and other local jurisdictions or any other 
competitively bid nationwide purchasing program, or 
 
q. when the Governor declares an emergency in a county, 
the district attorney of that county shall have the 
authority to temporarily waive competitive bidding 
procedures for purchases that m ay expedite a response 
to the emergency situation.  This temporary waiver 
shall be in addition to any powers exercised pursuant 
to Section 683.11 of Title 63 of the Oklahoma 
Statutes. 
 
The purchases shall be paid by attaching properly itemized 
invoices, as described in Section 1505 of this title, to a purchase 
order which has been prepared by the county purchasing agent and 
submitting both to the county clerk for fili ng, encumbering, and 
consideration for payment by the board of county commissioners; 
  ENR. H. B. NO. 3344 	Page 5 
4.  Shall not furnish any supplies, materials, equipment, or 
other articles, except upon receipt of a requisition signed by a 
county officer.  Written requisitions will no t be required for 
blanket purchase orders as provided for in Section 310.8 of Title 62 
of the Oklahoma Statutes.  Each county officer may designate not 
more than two employees who also shall be authorized to sign 
requisitions in the absence of the county o fficer.  A written 
designation of the employees shall be filed with the county clerk 
and shall be entered in the minutes of the board of county 
commissioners.  The c ounty may designate two individuals who are not 
county employees for each of the following entities within the 
county to act as receiving and requisitioning officers: 
 
a. fire protection districts organized and operated 
pursuant to the provisions of Section s 901.1 through 
901.29 of this title, 
 
b. fire protection service s established pursuant to t he 
provisions of Section 351 of this title, 
 
c. volunteer or full-time fire departments estab lished 
pursuant to Section 592 of Title 18 of the Oklahoma 
Statutes, and 
 
d. municipal fire departments organized and operated 
pursuant to the provisions of Sections 29-101 through 
29-108 and Sections 29-201 through 29-204 of Title 11 
of the Oklahoma Statut es. 
 
A written designation of these individuals shall be filed with 
the county clerk and shall be entered in the minutes of the board of 
county commissioners meeting in which the designations are made.  
Further, entities described in subparagraphs a, b, c a nd d of this 
paragraph, choosing to have any nonemployee of the county de signated 
as a receiving and requisitioning officer shall provide evidence of 
blanket bond coverage or employee dishonesty liability insurance for 
each such designee; 
 
5.  Shall make lease or lease-purchase agreements for road 
machinery and equipment if the county has adequate funds 
appropriated during any fiscal year fo r such purpose and only aft er 
following the bidding procedures as provided for in Section 1505 of 
this title.  The term of any lease or lease-purchase agreement 
authorized pursuant to this par agraph may be for any period up to 
one (1) year; provided, the t erm shall not extend beyond the end of  ENR. H. B. NO. 3344 	Page 6 
any fiscal year, with an option to renew such agreement subject to 
the requirement that adequate funds are appropriated during the 
fiscal year by the cou nty for such purpose.  The State Auditor and 
Inspector's Office shall be notified by the co unty of the terms and 
conditions of a lease or lease -purchase agreement authorized 
pursuant to this paragraph before any such agreement is made by the 
county purchasing agent; and 
 
6. Shall perform such other duties as may be del egated by the 
appointing authority or as may be provided for by law. 
 
B.  Each department of county government needing r epairs to 
equipment, machinery or vehicles shall make estimates and 
requisition a purchase order from the county purchasing agent for 
repairs not in excess of Ten Thousand Dollars ($10,000.00).  Repairs 
in excess of Ten Thousand Dollars ($10,000.00) shall be submitted on 
a blanket purchase order as provided in Section 310.8 of Title 62 of 
the Oklahoma Statutes. 
 
C.  Each department of county government needing repairs to 
heavy equipment, meaning equipment in excess of ten thousand 
(10,000) pounds, shall make estimates and requisition a purchase 
order from the county purchasing agent for repairs not in excess of 
Thirty Thousand Dollars ($30,0 00.00).  Repairs in excess of Thirty 
Thousand Dollars ($30,000.00) shall be submitted on a blanket 
purchase order as pro vided in Section 310.8 of Title 62 of the 
Oklahoma Statutes. 
 
SECTION 2.    AMENDATORY     19 O.S. 2021, Section 1502, is 
amended to read as follows : 
 
Section 1502.  A.  1.  The board of c ounty commissioners or a 
designated employee shall: 
 
a. prescribe a uniform identification system for all 
supplies, materials and equipment of a county used in 
the construction and maintenance of roads and bridges, 
and 
 
b. create and administer an inventory system for all: 
 
(1) equipment of a county having an o riginal cost of 
Five Hundred Dollars ($500.00) Two Thousand Five 
Hundred Dollars ($2,500.00) or more for use in  ENR. H. B. NO. 3344 	Page 7 
the construction and maintenance of roads and 
bridges, and 
 
(2) supplies and materials of a county purchased in 
lots of Five Hundred Dollars ($500.00) Two 
Thousand Five Hundred Dollars ($2,500.00) or more 
for use in the constru ction and maintenance of 
roads and bridges. 
 
Such person shall be the county road a nd bridge inventory officer. 
 
2. a. In counties having a county budget board created 
pursuant to Section 1402 et seq. of this title, said 
board may, upon an affirmative vote of a majority of 
all the board members then in office, appoint a county 
road and bridge inventory officer who shall be 
employed by the county and shall have such duties as 
are provided in subparagraphs a and b of paragraph 1 
of this subsection.  In the ev ent the board does not 
appoint a county road and bridge inventory officer the 
board of county commissioners or designee shall be the 
county road and bridge inventory officer.  The 
appointed county road and bridge inventory officer 
shall be under the general supervision and direction 
of the appointing authority. 
 
b. The appointed county roa d and bridge inventory officer 
shall be authorized necessary assistants to carry out 
the duties and responsibilities provided by law and as 
may be delegated by the appointing authority.  
Provided, the employment of such assistants shall be 
upon the approval of the appointing authority.  The 
salary of the county road and bridge inventory officer 
and assistants shall be fixed by the appointing 
authority. 
 
c. The appointed county road and bridge inventory officer 
shall, at the expense of the county, be authoriz ed 
adequate office space, furnishings, equipment and 
supplies to carry out the duties and re sponsibilities 
of the county road and bridge inventory officer as 
provided by law and as may be delegated by the 
appointing authority.  Provided, the acquisition of 
such furnishings, equipment and supplies shall be upon 
the approval of the appointing autho rity and the  ENR. H. B. NO. 3344 	Page 8 
acquisition of office space shall be upon the approval 
of the board of county commissioners. 
 
B.  The board of county commissioners shall: 
 
1.  Prescribe a uniform identification system for all supplies, 
materials, equipment and information tech nology and 
telecommunication goods of a county not used in the construction and 
maintenance of roads and bridges; and 
 
2.  Create and administer an inventory system for all: 
 
a. equipment, information technology and 
telecommunication goods of a county having an original 
cost of Five Hundred Dollars ($500.00) Two Thousand 
Five Hundred Dollars ($2,500.00) or more and not used 
in the construction and maintenance of roads and 
bridges, and 
 
b. information technology hardware and software of a 
county having an original cost of Five Hundred Dollars 
($500.00) or more and not used in the construction and 
maintenance of roads and bridges, and 
 
c. supplies and materials of a county purchased in lots 
of Five Hundred Dollars ($500.00) Two Thousand Five 
Hundred Dollars ($2,50 0.00) or more and not used in 
the construction and maintenance of roads and bridges. 
 
The board of county commissioners may designate an employee of that 
office to administer such inventory system. 
 
SECTION 3.    AMENDATORY     19 O.S. 2021, Section 1505, is 
amended to read as follows: 
 
Section 1505.  The following procedures sha ll be used by 
counties for the requisition, purchase, lease -purchase, rental, and 
receipt of supplies, materials, road and bridge construction 
services, equipment an d information technology and telecommunication 
goods and services for the maintenance, oper ation, and capital 
expenditures of county government unless otherwise provi ded for by 
law. 
 
A.  The procedure for requisitioning items for county offices 
shall be as follows:  ENR. H. B. NO. 3344 	Page 9 
 
1.  The requesting department shall prepare a requisition fo rm 
in triplicate.  The requisition shall contain any specifications for 
an item as deemed necessa ry by the requesting department.  The form 
shall be prescribed by the State Auditor and In spector; 
 
2.  The requesting department shall retain a copy of the 
requisition and forward t he original requisition and a copy to the 
county purchasing agent; and 
 
3.  Upon receipt of the requisition, the county purchasing 
agent, within two (2) working days, shall begin the bidding and 
purchasing process as provided for in this section.  Nothing i n this 
section shall prohibit the transfer of supplies, materials, or 
equipment between county departments upon a written agreement 
between county officers. 
 
B.  The bid procedure for selecting a vendor for the purchase, 
lease-purchase, or rental of supplie s, materials, equipment and 
information technology and telecommunication go ods and services used 
by a county shall be as follows: 
 
1.  The county purchasing agent sha ll request written 
recommendations from all county officers perta ining to needed or 
commonly used supplies, materials, road and bridge construction 
services, equipment and information technology and telecommunication 
goods and services.  From such recommen dations and available 
requisition, purchase, or inventory records , the county purchasing 
agent shall prepare a list of items needed or commonly used by 
county officers.  The county purchasing agent shall request from the 
Purchasing Division or from the Inf ormation Services Division in the 
case of information technology and telecommunication good s and 
services of the Office of Management and Enterprise Services all 
contracts quoting the price the state is paying for the items.  The 
county purchasing agent sh all either request the Purchasing Division 
or the Information Ser vices Division of the Offi ce of Management and 
Enterprise Services, as applicable, to make the purcha se for the 
county or the county purchasing agent shall solicit bids for unit 
prices on the items for periods of not to exceed twelve (12) months 
in the manner described in paragraph 2 of this subsection.  If the 
county purchasing agent receives a requisiti on for an item for which 
the county purchasing agent does not have a current bid, the coun ty 
purchasing agent shall request from the Purchasing Division or the 
Information Services Division of the Office of Management and 
Enterprise Services, as applicable , all contracts quoting the price  ENR. H. B. NO. 3344 	Page 10 
the state is paying for the item.  The county purchasing agent shall 
either request the Purchasing Division or the Inform ation Services 
Division of the Office of Management and Enterprise Services, as 
applicable, to make t he purchase for the county or the county 
purchasing agent shall solicit bids in the manner described in 
paragraph 2 of this subsection.  Nothing in this pa ragraph shall 
prohibit bids from being taken on an item currently on a twelve -
month bid list, at any time deemed necessary by the county 
purchasing agent.  Whenever the county purchasing agen t deems it 
necessary to take a bid on an item currently on a twel ve-month bid 
list, the reason for the bid shall be entered into the minutes of 
the board of county co mmissioners; 
 
2.  Bids shall be solicited by mailing or emailing a notice to 
all persons or firms who have made a written request of the county 
purchasing agent that they be notified of such bid solicitation and 
to all other persons or firms who might reaso nably be expected to 
submit bids.  Notice of solicitation of bids shall also be published 
one time in a newspaper of general circulation in the county.  
Notices shall be mailed and published at least ten (10) days prior 
to the date on which the bids are op ened.  Proof of the mailing or 
emailing shall be made by the affidavit of the person maili ng or 
emailing the request for bids and shall be made a part of the 
official records of the county purchasing agent.  The notice shall 
specify whether the county will consider written bids, electronic 
bids, or both; the decision to exclusively consider either written 
bids or electronic bids shall be determined pursuant to an 
affirmative vote of the board of county commissioners.  Whenever any 
prospective supplier or ve ndor dealing in or listing for sale any 
particular item or article required to be purchased or acquired by 
sealed bids fails to enter or offer a sealed bi d for three 
successive bid solicitations, the name of the supplier or vendor may 
be dropped from the m ailing lists of the board of county 
commissioners; 
 
3.  The sealed bids received from vendors and the state contract 
price received from the applicable Di vision of the Office of 
Management and Enterprise Services shall be given to the county 
clerk by the county purchasing agent.  The county clerk shall 
forward the sealed bids and state contract pr ice, if any, to the 
board of county commissioners; 
 
4.  The board of county commissioners, in an open meeting, shall 
open the sealed bids and compare them to the sta te contract price.  
The board of county commissioners shall select the lowest and best  ENR. H. B. NO. 3344 	Page 11 
bid based upon, if applicable, the availability of material and 
transportation cost to the job site within thirty (30) days of the 
meeting.  For any special item not inc luded on the list of needed or 
commonly used items, the requisitioning official shall review the 
bids and submit a written recommendation to the board b efore final 
approval.  The board of county commissioners shall keep a written 
record of the meeting as r equired by law, and any time the lowest 
bid was not considered to be the lowest and best bid , the reason for 
such conclusion shall be recorded.  Wheneve r the board of county 
commissioners rejects the written recommendation of the 
requisitioning official pe rtaining to a special item, the reasons 
for the rejection shall be entered in their minutes and stated in a 
letter to the requisitioning official and co unty purchasing agent; 
 
5.  The county purchasing agent shall notify the successful 
bidders and shall mai ntain a copy of the notification.  The county 
purchasing agent shall prepare and maintain a vendors list 
specifying the successful bidders and shall no tify each county 
officer of the list.  The county purchasing agent may remove any 
vendor from such list w ho refuses to provide goods or services as 
provided by contract if the removal is authorized by the board of 
county commissioners.  The county purchasi ng agent may make 
purchases from the successful bidders for a price at or below the 
bid price.  If a vend or who is the low bidder cannot or will not 
sell goods or services as required by a county b id contract, the 
county purchasing agent may make a one -time purchase from the next 
lowest or best quote or take quotations as provided in paragraph 6 
of this subsection; provided, however, such purchase does not exceed 
Twenty-five Thousand Dollars ($25,00 0.00) as the amount specified in 
subparagraph a of paragrap h 3 of subsection A of Section 1501 of 
this title; and 
 
6.  When bids have been solicited as provided for by law and no 
bids have been received, the procedure shall be as follows: 
 
a. the county purchasing agent shall determine if 
potential vendors are wil ling to commit to a firm 
price for a reduced period of time, and, if such is 
the case, the bid procedure de scribed in this 
subsection shall be followed, 
 
b. if vendors are not willing to commit to a f irm price 
for a reduced period, the purchasing agent sha ll 
solicit and record at least th ree quotes of current 
prices available to the county and authorize the  ENR. H. B. NO. 3344 	Page 12 
purchase of goods or services based on the lowest and 
best quote as it becomes necessary to acqu ire such 
goods or services.  The quotes shall be recorde d on a 
form prescribed by the Sta te Auditor and Inspector and 
shall be attached to the purchase order and fi led with 
the county clerk's copy of the purchase order.  Any 
time the lowest quote was not c onsidered to be the 
lowest and best quote, the reason fo r this conclusion 
shall be recorded by the county purchasing agent and 
transmitted to the county clerk, or 
 
c. if three quotes are not available, a memorandum to the 
county clerk from the county purcha sing agent shall 
describe the basis upon which a purcha se is 
authorized.  The memorandum shall state the reasons 
why the price for such a purchase is the lowest and 
best under the circumstances.  The county clerk shall 
then attach the memorandum to the cou nty clerk's copy 
of the purchase order and file both in the office of 
the county clerk. 
 
C.  After selection of a vendor, the procedure for the purchase, 
lease-purchase, or rental of supplies, materials, road and bridge 
construction services, equipment and information technology and 
telecommunication goods and services used by a county shall be as 
follows: 
 
1.  The county purchasing agent shall prepare a purchase order 
in quadruplicate and submit it with a copy of the requisition to the 
county clerk; 
 
2.  The county clerk shall then encumber the amount stated o n 
the purchase order and assign a seq uential number to the purchase 
order; 
 
3.  If there is an unencumbered balan ce in the appropriation 
made for that purpose by the county excise board, the county clerk 
shall so certify in the following form: 
 
"I hereby certify that the amount of this encumbra nce has been 
entered against the designated appropriation accounts and that this 
encumbrance is within the authorized available balance of the 
appropriation. 
 
Dated this ________ day of ________, 20__.  ENR. H. B. NO. 3344 	Page 13 
 
________________________________ 
 
County Clerk/Deputy 
 
of _____________________ County." 
 
In instances where it is impossible to asce rtain the exact amount of 
the indebtedness sought to be incurred at the time of recording th e 
encumbrance, an estimated amount may be used.  No purchase order 
shall be valid unless signed by the county purchasing agent and 
certified by the county clerk; an d 
 
4.  The county clerk shall file the original purchase order and 
return three copies to the county purchasing agent who shall file a 
copy, retain a copy for t he county road and bri dge inventory officer 
if the purchase order is for the purchase of equipmen t, supplies, or 
materials for the construction or maintenance of roads and bridges, 
and submit the other copy to the receiving officer of the requesting 
department. 
 
D.  1.  The procedure for the purchase of supplies, materials, 
equipment and information te chnology and telecommunication goods and 
services at public auction or by sealed bid to be u sed by a county 
shall be as follows: 
 
a. the county purchasing agent shall prepare a purch ase 
order in quadruplicate and submit it with a copy of 
the requisition to the county clerk, 
 
b. the county clerk shall then encumber the amount stated 
on the purchase order and assign a sequential number 
to the purchase order, 
 
c. if there is an unencumbere d balance in the 
appropriation made for that purpose by the county 
excise board, the county clerk shall so certify in the 
following form: 
 
"I hereby certify that the am ount of this encumbrance 
has been entered against the designated ap propriation 
accounts and that this encumbrance is within the 
authorized available balance of the appropriation. 
 
Dated this ________ day of ________, 20__.  ENR. H. B. NO. 3344 	Page 14 
 
________________________________ 
 
County Clerk/Deputy 
 
of _____________________ County." 
 
In instances where it is impossible to ascertain the 
exact amount of the indebtedness sought to be incurred 
at the time of recording the encumbrance, an estimated 
amount may be used.  No purchase order s hall be valid 
unless signed by the county purchasing agent and 
certified by the county cl erk, and 
 
d. the county clerk shall file the original purchase 
order and return three copies to the county purchasing 
agent who shall file a copy, retain a copy for the 
county road and bridge inventory officer if the 
purchase order is for the purchase of eq uipment, 
supplies, or materials for the construction or 
maintenance of roads and bridges, and submit the other 
copy to the receiving officer of the requesting 
department. 
 
2.  The procedure for the purchase of supplies, materials and 
equipment at a public a uction when the purchase will be made with 
the proceeds from the sale of co unty property at the same public 
auction are as follows: 
 
a. the purchasing agent shall cause such items being sold 
to be appraised in the manner determined in Section 
421.1 of this title, 
 
b. the county purchasing agent shall prepare a purchase 
order in quadruplicate and submit it with a copy of 
the requisition to the county clerk, 
 
c. the county clerk shall then encumber the amount of the 
appraised value and any additional funds oblig ated by 
the county on the purchase order and assign a 
sequential number to the purchase order, 
 
d. the county clerk shall certify that the amount of the 
encumbrance is equal to the appraised value of the 
item being sold plus any additi onal funds obligated b y  ENR. H. B. NO. 3344 	Page 15 
the county.  In effect the recording of the 
encumbrance is an estimate th at is authorized by law.  
No purchase order shall be valid unless signed by the 
county purchasing agent and certified by the county 
clerk, 
 
e. the county clerk shall file the origina l purchase 
order and return three copies to the county purchasing 
agent who shall file a copy, retain a copy for the 
county road and bridge inventory officer if the 
purchase order is for the purchase of equipment, 
supplies or material s for the construction or 
maintenance of roads and bridges, and submit the other 
copy to the receiving officer of the requesting 
department, and 
 
f. a purchase shall not be bid until such ti me that the 
appraised item or items are sold.  Any item or items 
purchased shall not exce ed the appraised value plus 
any additional funds obligated by the county or the 
actual selling price of the item or items, whichever 
is the lesser amount. 
 
E.  The procedure for the receipt of items shall be as follows: 
 
1.  A receiving officer for the reque sting department shall be 
responsible for receiving all items delivered to that department; 
 
2.  Upon the delivery of an item, the receiving officer shall 
determine if a purchase order exists for the item being delivered; 
 
3.  If no such purchase order has b een provided, the receiving 
officer shall refuse delivery of the item; 
 
4.  If a purchase order is on file, the receiving officer shall 
obtain a delivery ticket, bill o f lading, or other delivery document 
and compare it with the purcha se order.  If any item is back-
ordered, the back order and estimated date of delivery shall be 
noted in the receiving report; 
 
5.  The receiving officer shall complete a receiving report in 
quadruplicate which shall state the quantity and quality of goods 
delivered.  The receivi ng report form shall be prescribed by the 
State Auditor and Inspector.  The person delivering the goods shall 
acknowledge the delivery by signature, noting the date an d time;  ENR. H. B. NO. 3344 	Page 16 
 
6.  The receiving officer shall file the original receiving 
report and submit: 
 
a. a copy of the purchase order and a copy of the 
receiving report to the cou nty purchasing agent, and 
 
b. a copy of the receiving report with the delivery 
documentation to the county clerk; 
 
7.  The county purchasing agent shall file a c opy of the 
purchase order and a copy of the receiving report; 
 
8.  Upon receipt of the original re ceiving report and the 
delivery documentation, the county clerk shall maintain a file until 
such time as an invoice is received from the vendor; 
 
9.  The invoice shall state the name and address of the vendor 
and must be sufficiently itemized to clearly des cribe each item 
purchased, the unit price when applicable, the number or volume of 
each item purchased, the total price, the total purchase price, and 
the date of the purchase; 
 
10.  Upon receipt of an invoice, the county clerk shall compare 
the following documents: 
 
a. requisition, 
 
b. purchase order, 
 
c. invoice with noncollusion affidavit as requi red by 
law, 
 
d. receiving report, and 
 
e. delivery document. 
 
The documents shall be availab le for public inspection during 
regular business hours; and 
 
11.  If the documents conform as to the quantity and quality of 
the items, the county clerk shall prepare a warrant for payment 
according to procedures provided for by law. 
  ENR. H. B. NO. 3344 	Page 17 
F.  The following proce dures are for the processing of purchase 
orders: 
 
1.  The purchasing agent s hall be allowed up to three (3) days 
to process purchase orders to be presented to the board of county 
commissioners for consideration and payment.  Nothing he rein shall 
prevent the purchasing agent from processing or the board of county 
commissioners from consideration and payment of utilities, travel 
claims and payroll claims; 
 
2.  The board of county commissioners shall consider the 
purchase orders so presente d and act upon the pur chase orders, by 
allowing in full or in part or by holding for further info rmation or 
disallowing the same.  The disposition of purchase orders shall be 
indicated by the board of county commissioners, showing the amounts 
allowed or disallowed and shall be signed by at least two members of 
the board of county commissioners.  Any c laim held over for further 
information shall be acted upon by allowing or disallowing same a t 
any future meeting of the board held within seventy -five (75) days 
from the date of fil ing of the purchase order.  Any purchase order 
not acted upon within the se venty-five (75) days from the date of 
filing shall be deemed to have been disallowed, but su ch 
disallowance shall not prevent the refiling of the purchase orde r at 
the proper time; and 
 
3.  Whenever any allowance, either in whole or in part, is made 
upon any purchase order presented to the board of county 
commissioners and is accepted by the perso n making the claim, such 
allowance shall be a full settlement of th e entire purchase orde r 
and provided that the cashing of warrant shall be considered as 
acceptance by the claimant. 
 
G.  The procedure upon consumption or disposal of supplies, 
materials, or equipment shall be as follows: 
 
1.  For consumable road or bridge i tems or materials, a 
quarterly report of the road and bridge projects completed during 
such period shall be prepared and kept on file by the consuming 
department.  The quarterly report may be prepared and kept 
electronically by the consuming department.  T he report shall 
contain a record of the date, the place, and the purpose for the use 
of the road or bridge items or materials.  For purposes of 
identifying county bridges, the board of coun ty commissioners shall 
number each bridge subject to its jurisdicti on; and 
  ENR. H. B. NO. 3344 	Page 18 
2.  For disposal of all equipment and information technology and 
telecommunication goods which originally cost more than Five Hundred 
Dollars ($500.00), resolution of disposal shal l be submitted by the 
officer on a form prescribed by the State Audi tor and Inspector's 
Office to the board of county commissioners.  The approval of the 
resolution of disposal shall be entered into the minutes of the 
board. 
 
H.  Inventory forms and report s shall be retained for not less 
than two (2) years after all audit r equirements for the st ate and 
federal government have been fulfilled and after any pending 
litigation involving the forms and reports has been resolved. 
 
I.  The procedures provided for i n this section shall not apply 
when a county officer certifies that an emergency exists requ iring 
an immediate expenditure of funds.  Such an expenditure of funds 
shall not exceed Five Thousand Dollars ($5,000.00).  The county 
officer shall give the county purchasing agent a written explanation 
of the emergency.  The county purchasing agent shall attach the 
written explanation to the purchase order.  The purchases shall be 
paid by attaching a properly itemized invoice, as described in this 
section, to a purchase order which has been prepared by the county 
purchasing agent and submitting them to th e county clerk for filing, 
encumbering, and consideration for payment by th e board of county 
commissioners. 
 
J.  The county purchasing agent may authorize county pu rchasing 
officers to make acquisitions through the state purchase card 
program as authorized by the State Purchasing Director in accordance 
with Section 85.5 of Title 7 4 of the Oklahoma Statutes and defined 
in Section 85.2 of Title 74 of the Oklahoma Statu tes. Purchase 
cardholders shall sign a purchase card agreement prior t o becoming a 
cardholder and attend purchase card procedure training as required 
by the State Purchasing Director.  Complete descriptions of 
purchases made by county government entities shall be published 
through the state transparency portal pursuant to Se ction 85.33B of 
Title 74 of the Oklahoma Statutes, and as warrants required to be 
published pursuant to Sections 444 and 445 of this title. 
 
K.  Nothing in this section shall prohibit c ounties from 
providing material and/or services bids on the twelve -month bid list 
to all road and bridge projects and contracts.  All non -road and 
bridge related construction contracts shall refer to subsection A of 
Section 103 of Title 61 of the Oklahoma Statutes. 
  ENR. H. B. NO. 3344 	Page 19 
SECTION 4. This act shall become effective November 1, 2022. 
 
Passed the House of Representatives the 7th day of March, 2022. 
 
 
 
  
 	Presiding Officer of the House 
 	of Representatives 
 
 
Passed the Senate the 25th day of April, 2022. 
 
 
 
  
 	Presiding Officer of the Senate 
 
 
 
OFFICE OF THE GOVERNOR 
Received by the Office of the Governor this ____________________ 
day of ___________________, 20_______, at _______ o'clock _______ M. 
By: _________________________________ 
Approved by the Governor of the State of Oklahoma this _____ ____ 
day of ___________________, 20_______, at _______ o'clock _______ M. 
 
 
 	_________________________________ 
 	Governor of the State of Oklahoma 
 
OFFICE OF THE SECRETARY OF STATE 
Received by the Office of the Secretary of State this __________ 
day of ___________________, 20_______, at _______ o'clock _______ M. 
By: _________________________________