Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB382 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
	3	+	SB382 HFLR Page 1
	4	+	BOLD FACE denotes Committee Amendments. 1
	5	+	2
	6	+	3
	7	+	4
	8	+	5
	9	+	6
	10	+	7
	11	+	8
	12	+	9
	13	+	10
	14	+	11
	15	+	12
	16	+	13
	17	+	14
	18	+	15
	19	+	16
	20	+	17
	21	+	18
	22	+	19
	23	+	20
	24	+	21
	25	+	22
	26	+	23
	27	+	24
3	28
4		-	An Act
5		-	ENROLLED SENATE
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
	30	+
	31	+	STATE OF OKLAHOMA
	32	+
	33	+	1st Session of the 58th Legislature (2021)
	34	+
	35	+	ENGROSSED SENATE
6	36		BILL NO. 382 By: Standridge of the Senate
7	37
8	38		and
9	39
10		-	Conley and Bell of the
11		-	House
	40	+	Conley of the House
12	41
13	42
14	43
15	44
16	45
17	46
18	47		An Act relating to Oklahoma Central Purchasing Act;
19	48		amending 74 O.S. 2011, Section 85.12, as last amended
20	49		by Section 11, Chapter 98, O.S.L. 2020 (74 O.S. Supp.
21	50		2020, Section 85.12), which relates to excluded
22	51		acquisitions; adding the J.D. McCarty Center to
23	52		exclusions; providing an effective date .
24	53
25	54
26	55
27	56
28		-	SUBJECT: Oklahoma Central Purchasing Act
29		-
30	57		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
31		-
32	58		SECTION 1. AMENDATORY 74 O.S. 2011, Section 85.12, as
33	59		last amended by Section 11, Chapter 98, O.S.L. 2020 (74 O.S. Supp.
34	60		2020, Section 85.12), is amended to read as follows:
35		-
36	61		Section 85.12. A. The provisions of this section shall not be
37	62		construed to affect any law relating to fiscal or accounting
38	63		procedure except as they may be directly in conflict herewith; and
39	64		all claims, warrants, and bonds shall be examined, inspected, and
40	65		approved as now provided by law.
41	66
	67	+	SB382 HFLR Page 2
	68	+	BOLD FACE denotes Committee Amendments. 1
	69	+	2
	70	+	3
	71	+	4
	72	+	5
	73	+	6
	74	+	7
	75	+	8
	76	+	9
	77	+	10
	78	+	11
	79	+	12
	80	+	13
	81	+	14
	82	+	15
	83	+	16
	84	+	17
	85	+	18
	86	+	19
	87	+	20
	88	+	21
	89	+	22
	90	+	23
	91	+	24
	92	+
42	93		B. Except as otherwise provided by this section, the
43	94		acquisitions specified in this subsection shall be made in
44	95		compliance with Section 85.39 of this title and purchasing card
45	96		program requirements but are not subject to other provis ions of the
46	97		Oklahoma Central Purchasing Act:
47		-
48		-	ENR. S. B. NO. 382 Page 2
49		-
50	98		1. Food and other products produced by state institutions and
51	99		agencies;
52		-
53	100		2. The printing or duplication of publications or forms of
54	101		whatsoever kind or character by state agencies if the work is
55	102		performed upon their own equipment by their own employees. Pursuant
56	103		to this paragraph, the state agency may only use equipment owned or
57	104		leased by the agency and may only utilize that equipment for
58	105		printing services required by the agency in performing duties
59	106		imposed upon the agency or functions authorized to be performed by
60	107		the agency. Any use of the equipment by the agency pursuant to an
61	108		agreement or contract with any other entity resulting in delivery of
62	109		intermediate or finished products to the entity purchasing or usi ng
63	110		the products shall be subject to the provisions of this act and
64	111		associated rules;
65		-
66	112		3. Department of Transportation and Transportation Commission
67	113		contractual services or right -of-way acquisitions, contracts awarded
68	114		pursuant to bids let by the Transportat ion Commission for the
69	115		maintenance or construction of streets, roads, highways, bridges,
70	116		underpasses, or any other transportation facilities under the
	117	+
	118	+	SB382 HFLR Page 3
	119	+	BOLD FACE denotes Committee Amendments. 1
	120	+	2
	121	+	3
	122	+	4
	123	+	5
	124	+	6
	125	+	7
	126	+	8
	127	+	9
	128	+	10
	129	+	11
	130	+	12
	131	+	13
	132	+	14
	133	+	15
	134	+	16
	135	+	17
	136	+	18
	137	+	19
	138	+	20
	139	+	21
	140	+	22
	141	+	23
	142	+	24
	143	+
71	144		control of the Department of Transportation, equipment or material
72	145		acquisitions accruing to the Departmen t of Transportation required
73	146		in Federal-Aid contracts, and acquisitions for public -service-type
74	147		announcements initiated by the Department of Transportation, but not
75	148		acquisitions for advertising, public relations or employment
76	149		services;
77		-
78	150		4. Utility services regulated by a state or federal regulatory
79	151		commission, municipal ordinance or an Indian Tribal Council;
80		-
81	152		5. Acquisitions by the University Hospitals Authority. The
82	153		Authority shall develop standards for the acquisition of products
83	154		and services and may ele ct to utilize the Purchasing Division. The
84	155		standards shall foster economy and short response time and shall
85	156		include appropriate safeguards and record -keeping requirements to
86	157		ensure appropriate competition and economical and efficient
87	158		purchasing;
88		-
89	159		6. Custom harvesting by the Department of Corrections for the
90	160		Department or its institutions;
91		-
92		-	ENR. S. B. NO. 382 Page 3
93		-
94	161		7. Subject to prior approval of the State Purchasing Director,
95	162		acquisitions from private prison suppliers which are subject to the
96	163		contracting procedures of Section 561 of Title 57 of the Oklahoma
97	164		Statutes;
	165	+	8. Acquisitions by the Oklahoma Municipal Power Authority;
	166	+	9. Acquisitions by the Grand River Dam Authority;
98	167
99		-	8. Acquisitions by the Oklahoma Municipal Power A uthority;
100		-
101		-	9. Acquisitions by the Grand River Dam Authority;
	168	+	SB382 HFLR Page 4
	169	+	BOLD FACE denotes Committee Amendments. 1
	170	+	2
	171	+	3
	172	+	4
	173	+	5
	174	+	6
	175	+	7
	176	+	8
	177	+	9
	178	+	10
	179	+	11
	180	+	12
	181	+	13
	182	+	14
	183	+	15
	184	+	16
	185	+	17
	186	+	18
	187	+	19
	188	+	20
	189	+	21
	190	+	22
	191	+	23
	192	+	24
102	193
103	194		10. Acquisitions by rural water, sewer, gas or solid waste
104	195		management districts created pursuant to the Ru ral Water, Sewer, Gas
105	196		and Solid Waste Management Districts Act;
106		-
107	197		11. Acquisitions by the Oklahoma Ordnance Works Authority, the
108	198		Northeast Oklahoma Public Facilities Authority or the Midwestern
109	199		Oklahoma Development Authority;
110		-
111	200		12. Expenditure of monies appr opriated to the State Board of
112	201		Education for Local and State Supported Financial Support of Public
113	202		Schools, except monies allocated therefrom for the Administrative
114	203		and Support Functions of the State Department of Education;
115		-
116	204		13. Expenditure of monies appr opriated to the State Department
117	205		of Rehabilitation Services for educational programs or educational
118	206		materials for the Oklahoma School for the Blind and the Oklahoma
119	207		School for the Deaf;
120		-
121	208		14. Contracts entered into by the Oklahoma Department of Career
122	209		and Technology Education for the development, revision or updating
123	210		of vocational curriculum materials, and contracts entered into by
124	211		the Oklahoma Department of Career and Technology Education for
125	212		training and supportive services that address the needs of new or
126	213		expanding industries;
127		-
128	214		15. Contracts entered into by the Oklahoma Center for the
129	215		Advancement of Science and Technology for professional services;
130		-
131	216		16. Contracts entered into by the Oklahoma Department of
132	217		Commerce pursuant to the provisions of Section 5066 .4 of this title;
133	218
	219	+	SB382 HFLR Page 5
	220	+	BOLD FACE denotes Committee Amendments. 1
	221	+	2
	222	+	3
	223	+	4
	224	+	5
	225	+	6
	226	+	7
	227	+	8
	228	+	9
	229	+	10
	230	+	11
	231	+	12
	232	+	13
	233	+	14
	234	+	15
	235	+	16
	236	+	17
	237	+	18
	238	+	19
	239	+	20
	240	+	21
	241	+	22
	242	+	23
	243	+	24
134	244
135		-	ENR. S. B. NO. 382 Page 4
136	245		17. Acquisitions made by the Oklahoma Historical Society from
137	246		monies used to administer the White Hair Memorial;
138		-
139	247		18. Purchases of pharmaceuticals available through a multistate
140	248		or multigovernmental contract if such pharmaceuticals are o r have
141	249		been on state contract within the last fiscal year, and the terms of
142	250		such contract are more favorable to the state or agency than the
143	251		terms of a state contract for the same products, as determined by
144	252		the State Purchasing Director. The state entity designated by law,
145	253		as specified in Section 1010.3 of Title 56 of the Oklahoma Statutes,
146	254		shall participate in the purchase of pharmaceuticals available
147	255		through such contracts;
148		-
149	256		19. Contracts for managed health care services entered into by
150	257		the state entity designated by law or the Department of Human
151	258		Services, as specified in paragraph 1 of subsection A of Section
152	259		1010.3 of Title 56 of the Oklahoma Statutes;
153		-
154	260		20. Acquisitions by a state agency through a General Services
155	261		Administration contract or other feder al contract if the
156	262		acquisitions are not on current statewide contract or the terms of
157	263		the federal contract are more favorable to the agency than the terms
158	264		of a statewide contract for the same products;
159		-
160	265		21. Acquisitions of clothing for clients of the Depar tment of
161	266		Human Services and acquisitions of food for group homes operated by
162	267		the Department of Human Services;
	268	+	22. Acquisitions by the Oklahoma Energy Resources Board;
163	269
164		-	22. Acquisitions by the Oklahoma Energy Reso urces Board;
	270	+	SB382 HFLR Page 6
	271	+	BOLD FACE denotes Committee Amendments. 1
	272	+	2
	273	+	3
	274	+	4
	275	+	5
	276	+	6
	277	+	7
	278	+	8
	279	+	9
	280	+	10
	281	+	11
	282	+	12
	283	+	13
	284	+	14
	285	+	15
	286	+	16
	287	+	17
	288	+	18
	289	+	19
	290	+	20
	291	+	21
	292	+	22
	293	+	23
	294	+	24
165	295
166	296		23. Acquisitions of clothing for juveniles in the custody of
167	297		the Office of Juvenile Af fairs and acquisitions of food for group
168	298		homes operated by the Office of Juvenile Affairs;
169		-
170	299		24. State contracts for flexible benefits plans pursuant to the
171	300		Oklahoma State Employees Benefits Act, Section 1361 et seq. of this
172	301		title;
173		-
174	302		25. Acquisitions by the Department of Securities to
175	303		investigate, initiate, or pursue administrative, civil , or criminal
176	304		proceedings involving potential violations of the acts under the
177		-
178		-	ENR. S. B. NO. 382 Page 5
179	305		Department’s jurisdiction and acquisitions by the Department of
180	306		Securities for its investor edu cation program;
181		-
182	307		26. Acquisitions for resale in and through canteens operated
183	308		pursuant to Section 537 of Title 57 of the Oklahoma Statutes and
184	309		canteens established at an institution or facility operated by the
185	310		Office of Juvenile Affairs;
186		-
187	311		27. Acquisitions by the Oklahoma Boll Weevil Eradication
188	312		Organization for employment and personnel services, and for
189	313		acquiring sprayers, blowers, traps , and attractants related to the
190	314		eradication of boll weevils in this state or as part of a national
191	315		or regional boll weevi l eradication program;
192		-
193	316		28. Contracts entered into by the Oklahoma Indigent Defense
194	317		System for expert services pursuant to the provisions of subsection
195	318		D of Section 1355.4 of Title 22 of the Oklahoma Statutes;
	319	+
	320	+	SB382 HFLR Page 7
	321	+	BOLD FACE denotes Committee Amendments. 1
	322	+	2
	323	+	3
	324	+	4
	325	+	5
	326	+	6
	327	+	7
	328	+	8
	329	+	9
	330	+	10
	331	+	11
	332	+	12
	333	+	13
	334	+	14
	335	+	15
	336	+	16
	337	+	17
	338	+	18
	339	+	19
	340	+	20
	341	+	21
	342	+	22
	343	+	23
	344	+	24
196	345
197	346		29. Acquisitions by the Oklahoma Correctional Industries and
198	347		the Agri-Services programs of the Department of Corrections of raw
199	348		materials, component parts and other products, any equipment
200	349		excluding vehicles, and any services excluding computer consultant
201	350		services used to produce goods or services fo r resale and for the
202	351		production of agricultural products;
203		-
204	352		30. Contracts entered into by the Department of Human Services
205	353		for provision of supported living services to members of the
206	354		plaintiff class in Homeward Bound, Inc., et al. v. The Hissom
207	355		Memorial Center, et al., Case Number 85 -C-437-E, United States
208	356		District Court for the Northern District of Oklahoma;
209		-
210	357		31. Contracts negotiated by the Office of Juvenile Affairs with
211	358		designated Youth Services Agencies and the Oklahoma Association of
212	359		Youth Services, or another Oklahoma nonprofit corporation whose
213	360		membership consists solely of Youth Services Agencies and of whom at
214	361		least a majority of Youth Services Agencies are members, pursuant to
215	362		the provisions of Section 2 -7-306 of Title 10A of the Oklahoma
216	363		Statutes and contracts entered into by the Department of Human
217	364		Services pursuant to Section 1 -9-110 of Title 10A of the Oklahoma
218	365		Statutes with designated Youth Services Agencies;
219		-
220		-
221		-	ENR. S. B. NO. 382 Page 6
222	366		32. Contracts for annuities for structured settlements provided
223	367		for in Section 158 of Title 51 of the Oklahoma Statutes;
224		-
225	368		33. Subject to subsection E of this section, purchases made
226	369		from funds received by local offices administered by the Department
	370	+
	371	+	SB382 HFLR Page 8
	372	+	BOLD FACE denotes Committee Amendments. 1
	373	+	2
	374	+	3
	375	+	4
	376	+	5
	377	+	6
	378	+	7
	379	+	8
	380	+	9
	381	+	10
	382	+	11
	383	+	12
	384	+	13
	385	+	14
	386	+	15
	387	+	16
	388	+	17
	389	+	18
	390	+	19
	391	+	20
	392	+	21
	393	+	22
	394	+	23
	395	+	24
	396	+
227	397		of Human Services or administered by the Office of Juvenile Affairs
228	398		for fund-raising activities and donations for the benefit of clients
229	399		and potential clients at the local offices where such purchases may
230	400		not otherwise be paid for from appropriated funds; and
231		-
232	401		34. Acquisitions by the Oklahoma Historical Society for
233	402		restoration of historical site s and museums although the agency may
234	403		elect to utilize the Purchasing Division for an acquisition with
235	404		supplier and bid selection being the prerogative of the agency,
236	405		based on the supplier ’s documented qualifications and experience ;
237	406		and
238		-
239	407		35. Acquisitions of clothing and food for patients in the care
240	408		of the J.D. McCarty Center for Children with Developmental
241	409		Disabilities.
242		-
243	410		C. Pursuant to the terms of a contract the State Purchasing
244	411		Director enters into or awards, a state agency, common school,
245	412		municipality, rural fire protection district, county officer or any
246	413		program contract, purchase, acquisition or expenditure that is not
247	414		subject to the provisions of the Oklahoma Central Purchasing Act,
248	415		may, unless acting pursuant to a contract with the state that
249	416		specifies otherwise, make use of statewide contracts and the
250	417		services of the Purchasing Division and the State Purchasing
251	418		Director. Any political subdivision or rural fire protection
252	419		district may designate the State Purchasing Director as its agent
	420	+
	421	+	SB382 HFLR Page 9
	422	+	BOLD FACE denotes Committee Amendments. 1
	423	+	2
	424	+	3
	425	+	4
	426	+	5
	427	+	6
	428	+	7
	429	+	8
	430	+	9
	431	+	10
	432	+	11
	433	+	12
	434	+	13
	435	+	14
	436	+	15
	437	+	16
	438	+	17
	439	+	18
	440	+	19
	441	+	20
	442	+	21
	443	+	22
	444	+	23
	445	+	24
	446	+
253	447		for any acquisition from a statewide contract or otherwise available
254	448		to the state.
255		-
256	449		D. The State Purchasing Director may make periodic audits of
257	450		the purchasing procedures of acquisitions listed in subsection B of
258	451		this section to ensure that the procedures are being fol lowed.
259		-
260	452		E. With respect to the Department of Human Services or the
261	453		Office of Juvenile Affairs, as applicable, monies received by
262	454		fundraising activities or donations from the local office, vending
263	455		operations administered by employees of the agency and all o ther
264		-
265		-	ENR. S. B. NO. 382 Page 7
266	456		nonrestricted cash and cash -equivalent items received by employees
267	457		of the agency shall be deposited in the agency special account
268	458		established for this purpose. The deposits shall be made at local
269	459		banking institutions approved by the State Treasurer.
270		-
271	460		SECTION 2. This act shall become effective November 1, 2021.
272	461
273		-
274		-	ENR. S. B. NO. 382 Page 8
275		-	Passed the Senate the 3rd day of March, 2021.
276		-
277		-
278		-
279		-	Presiding Officer of the Senate
280		-
281		-
282		-	Passed the House of Representatives the 13th day of April, 2021.
283		-
284		-
285		-
286		-	Presiding Officer of the House
287		-	of Representatives
288		-
289		-	OFFICE OF THE GOVERNOR
290		-	Received by the Office of the Governor this _______ _____________
291		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
292		-	By: _______________________________ __
293		-	Approved by the Governor of the State of Ok lahoma this _________
294		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
295		-
296		-	_________________________________
297		-	Governor of the State of Oklahoma
298		-
299		-
300		-	OFFICE OF THE SECRETARY OF STATE
301		-	Received by the Office of the Secretary of State this _____ _____
302		-	day of __________________, 20 _______, at _______ o'clock _______ M.
303		-	By: _______________________________ __
	462	+	COMMITTEE REPORT BY: COMMITTEE ON GENERAL GOVERNMENT, dated
	463	+	04/01/2021 - DO PASS.