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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
COMMITTEE SUBSTITUTE
FOR
SENATE BILL 829 By: Murdock of the Senate
and
Wallace of the House
COMMITTEE SUBSTITUTE
An Act relating to state property; requiring state
agencies under certain conditions to provide fencing
of certain property; defining term; exempting certain
state properties; amending 74 O.S. 2011, Section
85.3A, as last amended by Section 4, Chapter 98,
O.S.L. 2020 (74 O.S. Supp. 2020, Section 85.3A) ,
which relates to exemptions from the Central
Purchasing Act; including certain fencing materials;
providing for codification; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 327.4 of Title 61, unless there
is created a duplication in numberi ng, reads as follows:
A. Beginning on the effective date of this act when leases are
entered into or renewed for state property held by the st ate
pursuant to Section 327 of Title 61 of the Oklahoma Statutes, state
agencies that have jurisdiction over par cels of land leased for
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livestock use containing eighty (80) or more acres of contiguous
land shall provide permanent fencing for the perimeter of the
grazing property leased for livestock grazing . The agency shall
provide the fencing materials and not the lessee. Tilled lands
shall not require perimeter fencing. Provided, however, any state -
owned property that is fenced on the effective date of this act and
such fence is owned by the state shall be exe mpt from the provisions
of this act.
For the purposes of this section, “permanent fencing” shall mean
four wires. Any fence that is over one-quarter (1/4) of a mile in
length shall have a wooden or steel pipe post every fifth post.
B. State-owned property pursuant to Section 2200 et seq. of
Title 74 of the Oklahoma Statutes and Section 861 et seq. of Title
82 of the Oklahoma Statute s shall be exempt from provisions of this
section.
SECTION 2. AMENDATORY 74 O.S. 2011, Section 85.3A, as
amended by Section 4, Chapter 98, O.S.L. 2020 (74 O.S. Supp. 2020,
Section 85.3A), is amended to read as follows:
Section 85.3A. A. Compliance with the provi sions of the
Oklahoma Central Purchasing Act shall not be required of:
1. County government;
2. The Oklahoma State Regents for Higher Education , the
institutions, centers, or oth er constituent agencies of The Oklahoma
State System of Higher Education;
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3. The telecommunications network known as OneNet;
4. The Department of Public Safety gun range;
5. The State Treasurer for the following purcha ses:
a. services, including, but no t limited to, legal
services to assist in the administration of the
Uniform Unclaimed Property Act, as provided in Section
668 of Title 60 of the Oklahoma Statutes, and
b. software, hardware and associated services to ass ist
in the administration of funds and securities held by
the state, as provided in Section 71.2 of Title 62 of
the Oklahoma Statutes;
6. Statutorily allowed interagency agreements between state
agencies;
7. The Oklahoma Department of Veterans Affairs, i n accordance
with Section 63.22 of Title 72 of the Oklahoma Statutes; or
8. A transaction, wholly funded by mo nies other than state-
derived funds, in which a state agency functions only as a pass -
through conduit to fund an acquisition that is required by the
funding source for the benefit of another entity or individuals and
the state agency does not retain owners hip of any part of the
acquisition as a result of the transaction ; or
9. The purchase of required fencing materials by a state agency
to establish permanent perimeter fen cing of their leased grazing
lands as specified in and authorized by Section 1 of t his act.
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B. The State Purchasing Director may form an advisory committee
consisting of representatives from entities exempted from the
provisions of the Oklahoma Central Purchasing Act. The purpose of
the committee shall be to allow committee members to pr ovide input
into the development of shared state purchasing contracts,
collaboratively participate in the integration of their purchasing
platforms or electronic purchasing catalog s, analyze solutions that
may be used by state government to meet the purcha sing needs of the
entities, explore joint purchases of general use items that result
in mutual procurement of quality goods and services at the lowest
reasonable cost and explore f lexibility, administrative relief, and
transformation changes through utiliz ation of procurement
technology.
C. At the invitation of the State Purchasing Direct or entities
exempted from the provisions of the Oklahoma Central Purchasing Act
shall participate in the advisory committee referenced in subsection
B of this section.
D. The State Purchasing Director may invite representatives of
political subdivisions, and local common education entities to
participate as members of the advisory committee.
SECTION 3. This act shall become effective November 1, 2021.
58-1-1763 NP 3/1/2021 11:33:15 AM