Oklahoma 2022 2022 Regular Session

Oklahoma Senate Bill SB382 Amended / Bill

Filed 02/12/2021

                     
 
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SENATE FLOOR VERSION 
February 11, 2021 
 
 
SENATE BILL NO. 382 	By: Standridge 
 
 
 
 
 
 
 
An Act relating to Oklahoma Central Purch asing Act; 
amending 74 O.S. 2011, Section 85.12, as last amended 
by Section 11, Chapter 98, O.S.L. 2020 (74 O.S. Supp. 
2020, Section 85.12), which relates to excluded 
acquisitions; adding the J.D. McCarty Center to 
exclusions; providing an effective date. 
 
 
 
 
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: 
SECTION 1.     AMENDATORY     74 O.S. 2011, Section 85.12, as 
last amended by Section 11, Chapter 98, O.S.L. 2020 (74 O.S. Supp. 
2020, Section 85.12), is amended to read as fo llows: 
Section 85.12. A.  The provisions of this section shall not be 
construed to affect any law relating to fiscal o r accounting 
procedure except as they may be directly in conflict herewith; an d 
all claims, warrants, and bonds shall be examined, inspected, and 
approved as now provided by l aw. 
B.  Except as otherwise provided by this section, the 
acquisitions specified in this subsection shall be made in 
compliance with Sect ion 85.39 of this titl e and purchasing card   
 
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program requirements but are not subject to other provisions of the 
Oklahoma Central Purchasing Act: 
1.  Food and other products produced by state instituti ons and 
agencies; 
2.  The printing or duplication of pub lications or forms of 
whatsoever kind or character by state agencies if the work is 
performed upon their own equipment by their own employees.  Pursuant 
to this paragraph, the state agency may only us e equipment owned or 
leased by the agency and may only u tilize that equipment for 
printing services required by the agency in performing duties 
imposed upon the agency or func tions authorized to be performed by 
the agency.  Any use of the equipment by the agency pursuant to an 
agreement or contract with any oth er entity resulting in delivery of 
intermediate or finished products to the entity purchasing or using 
the products shall be subject to the provisions of this act and 
associated rules; 
3.  Department of Transportation and Transportation Commission 
contractual services or right -of-way acquisitions, contracts awarded 
pursuant to bids let by the Transportation Commission for the 
maintenance or construction of streets, roads, highways, bridges, 
underpasses, or any other transportation facilities under the 
control of the Department o f Transportation, equipment or material 
acquisitions accruing to the Department of Transportation required 
in Federal-Aid contracts, and acquisitions for public -service-type   
 
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announcements initiated by the Department of Transportation, but not 
acquisitions for advertising, public relations or employment 
services; 
4.  Utility services regulated by a sta te or federal regulatory 
commission, municipal ordinance or an Indian Tribal Coun cil; 
5.  Acquisitions by the University Hospitals Author ity.  The 
Authority shall develop standards for the acquisition of products 
and services and may elect to utilize the P urchasing Division.  The 
standards shall foster economy and short response time a nd shall 
include appropriate safeguards and record -keeping requirements to 
ensure appropriate competition and economical and efficient 
purchasing; 
6.  Custom harvesting by the Department of Corrections for the 
Department or its institutions; 
7.  Subject to prior approval of the State Purchasing Director, 
acquisitions from private pr ison suppliers which are subject to the 
contracting procedures of Section 561 of Title 57 of the Oklahoma 
Statutes; 
8.  Acquisitions by the Oklahoma Municipal Power Authority; 
9.  Acquisitions by the Grand River Dam Authority; 
10.  Acquisitions by rural wa ter, sewer, gas or solid waste 
management districts created pursuant to the Rural Water, Sewer, G as 
and Solid Waste Management Districts Act;   
 
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11.  Acquisitions by the Oklahoma Or dnance Works Authority, the 
Northeast Oklahoma Public Fa cilities Authority or the Midwestern 
Oklahoma Development Authority; 
12.  Expenditure of monies appropriated to the Sta te Board of 
Education for Local and State Supported Financial Support of Public 
Schools, except monies allocated therefrom for the Admini strative 
and Support Functions of the State Department of Education; 
13.  Expenditure of monies appropriated to the Sta te Department 
of Rehabilitation Services for educational programs or educational 
materials for the Oklahoma School for the Blind and the Oklahoma 
School for the Deaf; 
14.  Contracts entered into by the Oklahoma Department of Career 
and Technology Education for the development, revision or updating 
of vocational curriculum materials, an d contracts entered into by 
the Oklahoma Department of C areer and Technology E ducation for 
training and supportive services that address the needs of new or 
expanding industries; 
15.  Contracts entered into by the Oklahoma Center for the 
Advancement of Science and Technology for professional services; 
16.  Contracts entered into by the Oklahoma Department of 
Commerce pursuant to the provisions of Section 5066.4 of this title; 
17.  Acquisitions made by the Oklahoma Historical Society from 
monies used to administer the White Hair Memorial;   
 
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18.  Purchases of pharma ceuticals available th rough a multistate 
or multigovernmental contract if such pharmaceuticals are or have 
been on state contract within the last fiscal year, and the terms of 
such contract are more f avorable to the state or agency than the 
terms of a state contract for the sam e products, as determined by 
the State Purchasing Director.  The state entity designated by law, 
as specified in Section 1010.3 of Title 56 of the Oklahoma Statutes, 
shall participate in the purchase of pharmaceuticals available 
through such contracts; 
19. Contracts for managed health care services entered into by 
the state entity designated by law o r the Department of Human 
Services, as specified in paragraph 1 of subsection A o f Section 
1010.3 of Title 56 of the Oklahoma Statutes; 
20.  Acquisitions by a state agency through a General Services 
Administration contract or other federal contract if the 
acquisitions are not on current statewide contract or the terms of 
the federal contract are more favorable to the agency than the terms 
of a statewide contract for the same products; 
21.  Acquisitions of clothing for clients of the Department of 
Human Services and acquisitions of food for group homes operated by 
the Department of Human Services; 
22.  Acquisitions by the Oklahoma Energy Reso urces Board;   
 
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23.  Acquisitions of clothing for juveniles in the custody of 
the Office of Juvenile Affairs and acquisiti ons of food for group 
homes operated by the Office of Juvenile Affairs; 
24.  State contracts for flexible benefits plans pursuant to the 
Oklahoma State Employe es Benefits Act, Section 1361 et seq. of this 
title; 
25.  Acquisitions by the Department of Secur ities to 
investigate, initiate, or pursue administrative, civil , or criminal 
proceedings involving potential violations of the acts under the 
Department’s jurisdiction and acquisitions by the Department of 
Securities for its investor education program; 
26. Acquisitions for resale in and through canteens operated 
pursuant to Section 53 7 of Title 57 of the Oklahoma Statutes and 
canteens established at an institut ion or facility operated by the 
Office of Juvenile Affairs; 
27.  Acquisitions by the Oklahoma Bol l Weevil Eradication 
Organization for employment and personnel services, and for 
acquiring sprayers, blowers, traps, and attractants rela ted to the 
eradication of boll weevils in this state or as part of a national 
or regional boll weevil eradication progr am; 
28.  Contracts entered into by the Oklahoma Indigent Defense 
System for expert services pursuant to the provisions of subsection 
D of Section 1355.4 of Tit le 22 of the Oklahoma Statutes;   
 
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29.  Acquisitions by the Oklahoma Correctional Industries and 
the Agri-Services programs of the Department of Corrections of raw 
materials, component parts and other products, any equipment 
excluding vehicles, and any servic es excluding computer consultant 
services used to produce goods or services for resale and for th e 
production of agricultural products; 
30.  Contracts entered into by the Departm ent of Human Services 
for provision of supported living services to members of the 
plaintiff class in Homeward Bound, Inc., et al. v. The Hissom 
Memorial Center, et al., Case Number 85-C-437-E, United States 
District Court for the Northern District of Okla homa; 
31.  Contracts negotiated by the Office of Juvenil e Affairs with 
designated Youth Services Agencies and the Oklahoma Association of 
Youth Services, or another Oklahoma n onprofit corporation whose 
membership consists solely of Youth Services Agencies and of whom at 
least a majority of Youth Services Agenci es are members, pursua nt to 
the provisions of Section 2 -7-306 of Title 10A of the Oklahoma 
Statutes and contracts enter ed into by the Department of Human 
Services pursuant to Section 1 -9-110 of Title 10A of the Oklahoma 
Statutes with designated Youth Servi ces Agencies; 
32.  Contracts for annuities for structured settlements provided 
for in Section 158 of Title 51 of the Ok lahoma Statutes; 
33.  Subject to subsection E of this section, purchases made 
from funds received by local offices administered by the De partment   
 
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of Human Services or administered by the Office of Juvenile Affairs 
for fund-raising activities and donations for the benefit of clients 
and potential clients at the local offices where such purchases may 
not otherwise be paid for from appropriate d funds; and 
34.  Acquisitions by the Oklahoma Historical Society for 
restoration of historical sites and museums altho ugh the agency may 
elect to utilize the Purchasing Division for an acquisition wi th 
supplier and bid selection being the prerogative of t he agency, 
based on the supplier’s documented qualifications and experience ; 
and 
35.  Acquisitions of clothing and food for patients in the care 
of the J.D. McCarty Center for Children with Developmental 
Disabilities. 
C.  Pursuant to the terms of a contract t he State Purchasing 
Director enters into or awards, a state agency, common school, 
municipality, rural fire protecti on district, county officer or any 
program contract, purchase, acquisition or exp enditure that is not 
subject to the provisions of the Oklah oma Central Purchasing Act, 
may, unless acting pursuant to a contract with the state that 
specifies otherwise, make use of statewide contracts and the 
services of the Purchasing Division and the St ate Purchasing 
Director.  Any political subdivision or rura l fire protection 
district may designate the State Purchasing Director as its agent   
 
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for any acquisition from a state wide contract or otherwise available 
to the state. 
D.  The State Purchasing Direc tor may make periodic audits of 
the purchasing procedures o f acquisitions listed in subsection B of 
this section to ensure that the procedures are being followed. 
E.  With respect to the Department of Human Services or the 
Office of Juvenile Affairs, as ap plicable, monies received by 
fundraising activities or dona tions from the local office, vending 
operations administered by employees of the agency and all other 
nonrestricted cash and cash-equivalent items received by e mployees 
of the agency shall be depos ited in the agency special account 
established for this pur pose.  The deposits shall be made at local 
banking institutions approved by the State Treasurer. 
SECTION 2.  This act shall become effective November 1, 2021. 
COMMITTEE REPORT BY: C OMMITTEE ON GENERAL GOVERNMENT 
February 11, 2021 - DO PASS