Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB829 Compare Versions

Version 1 (Old)

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29		-	SENATE FLOOR VERSION
30		-	March 1, 2021
	28	+	STATE OF OKLAHOMA
31	29
	30	+	1st Session of the 58th Legislature (2021)
32	31
33	32		COMMITTEE SUBSTITUTE
34	33		FOR
35		-	SENATE BILL ~~NO.~~ 829 By: Murdock of the Senate
	34	+	SENATE BILL 829 By: Murdock of the Senate
36	35
37	36		and
38	37
39	38		Wallace of the House
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45		-	[ state property - fencing of certain property -
46		-	exemptions from the Central Purchasing Act -
47		-	codification - effective date ]
	44	+	COMMITTEE SUBSTITUTE
48	45
	46	+	An Act relating to state property; requiring state
	47	+	agencies under certain conditions to provide fencing
	48	+	of certain property; defining term; exempting certain
	49	+	state properties; amending 74 O.S. 2011, Section
	50	+	85.3A, as last amended by Section 4, Chapter 98,
	51	+	O.S.L. 2020 (74 O.S. Supp. 2020, Section 85.3A) ,
	52	+	which relates to exemptions from the Central
	53	+	Purchasing Act; including certain fencing materials;
	54	+	providing for codification; and providing an
	55	+	effective date.
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53	60		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
54	61		SECTION 1. NEW LAW A new section of law to be codified
55	62		in the Oklahoma Statutes as Section 327.4 of Title 61, unless there
56	63		is created a duplication in numberi ng, reads as follows:
57	64		A. Beginning on the effective date of this act when leases are
58	65		entered into or renewed for state property held by the st ate
59	66		pursuant to Section 327 of Title 61 of the Oklahoma Statutes, state
60	67		agencies that have jurisdiction over par cels of land leased for
61		-	livestock use containing eighty (80) or more acres of contiguous
62		-	land shall provide permanent fencing for the perimeter of the
63		-	grazing property leased for livestock grazing . The agency may
64		-	provide the fencing materials to the lessee for fair payment or
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92		-	trade. Tilled lands shall not require perimeter fencing. Provided,
93		-	however, any state-owned property that is fenced on the effective
94		-	date of this act and such fence is owned by the state shall be
95		-	exempt from the provisions of this act. Provided that such fence
96		-	exempt from this section, at the time of replacement, shall meet the
97		-	requirements of permanent fencing as defined in this section .
98		-	Any property held by the state pursuant to Section 327 of Title
99		-	61 of the Oklahoma Statutes that is currently leased for livestock
100		-	grazing and does not have a permanent fence for the perimeter of the
101		-	grazing property upon the effective date of this act shall provide,
102		-	in accordance with this section, for such a fence upon the
103		-	expiration or renewal of the lease.
	94	+	livestock use containing eighty (80) or more acres of contiguous
	95	+	land shall provide permanent fencing for the perimeter of the
	96	+	grazing property leased for livestock grazing . The agency shall
	97	+	provide the fencing materials and not the lessee. Tilled lands
	98	+	shall not require perimeter fencing. Provided, however, any state -
	99	+	owned property that is fenced on the effective date of this act and
	100	+	such fence is owned by the state shall be exe mpt from the provisions
	101	+	of this act.
104	102		For the purposes of this section, “permanent fencing” shall mean
105	103		four wires. Any fence that is over one-quarter (1/4) of a mile in
106	104		length shall have a wooden or steel pipe post every fifth post.
107	105		B. State-owned property pursuant to Section 2200 et seq. of
108	106		Title 74 of the Oklahoma Statutes and Section 861 et seq. of Title
109	107		82 of the Oklahoma Statute s shall be exempt from provisions of this
110	108		section.
111	109		SECTION 2. AMENDATORY 74 O.S. 2011, Section 85.3A, as
112	110		amended by Section 4, Chapter 98, O.S.L. 2020 (74 O.S. Supp. 2020,
113	111		Section 85.3A), is amended to read as follows:
114	112		Section 85.3A. A. Compliance with the provi sions of the
115	113		Oklahoma Central Purchasing Act shall not be required of:
	114	+	1. County government;
	115	+	2. The Oklahoma State Regents for Higher Education , the
	116	+	institutions, centers, or oth er constituent agencies of The Oklahoma
	117	+	State System of Higher Education;
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143		-	1. County government;
144		-	2. The Oklahoma State Regents for Higher Education , the
145		-	institutions, centers, or oth er constituent agencies of The Oklahoma
146		-	State System of Higher Education;
147	144		3. The telecommunications network known as OneNet;
148	145		4. The Department of Public Safety gun range;
149	146		5. The State Treasurer for the following purcha ses:
150	147		a. services, including, but no t limited to, legal
151	148		services to assist in the administration of the
152	149		Uniform Unclaimed Property Act, as provided in Section
153	150		668 of Title 60 of the Oklahoma Statutes, and
154	151		b. software, hardware and associated services to ass ist
155	152		in the administration of funds and securities held by
156	153		the state, as provided in Section 71.2 of Title 62 of
157	154		the Oklahoma Statutes;
158	155		6. Statutorily allowed interagency agreements between state
159	156		agencies;
160	157		7. The Oklahoma Department of Veterans Affairs, i n accordance
161	158		with Section 63.22 of Title 72 of the Oklahoma Statutes; or
162	159		8. A transaction, wholly funded by mo nies other than state-
163	160		derived funds, in which a state agency functions only as a pass -
164	161		through conduit to fund an acquisition that is required by the
165	162		funding source for the benefit of another entity or individuals and
	163	+	the state agency does not retain owners hip of any part of the
	164	+	acquisition as a result of the transaction ; or
	165	+	9. The purchase of required fencing materials by a state agency
	166	+	to establish permanent perimeter fen cing of their leased grazing
	167	+	lands as specified in and authorized by Section 1 of t his act.
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193		-	the state agency does not retain owners hip of any part of the
194		-	acquisition as a result of the transaction ; or
195		-	9. The purchase of required fen cing materials by a state agency
196		-	to establish permanent perimeter fen cing of their leased grazing
197		-	lands as specified in and authorized by Section 1 of t his act.
198	194		B. The State Purchasing Director may form an advisory committee
199	195		consisting of representatives from entities exempted from the
200	196		provisions of the Oklahoma Central Purchasing Act. The purpose of
201	197		the committee shall be to allow committee members to pr ovide input
202	198		into the development of shared state purchasing contracts,
203	199		collaboratively participate in the integration of their purchasing
204	200		platforms or electronic purchasing catalog s, analyze solutions that
205	201		may be used by state government to meet the purcha sing needs of the
206	202		entities, explore joint purchases of general use items that result
207	203		in mutual procurement of quality goods and services at the lowest
208	204		reasonable cost and explore f lexibility, administrative relief, and
209	205		transformation changes through utiliz ation of procurement
210	206		technology.
211	207		C. At the invitation of the State Purchasing Direct or entities
212	208		exempted from the provisions of the Oklahoma Central Purchasing Act
213	209		shall participate in the advisory committee referenced in subsection
214	210		B of this section.
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242	211		D. The State Purchasing Director may invite representatives of
243	212		political subdivisions, and local common education entities to
244	213		participate as members of the advisory committee.
245	214		SECTION 3. This act shall become effective November 1, 2021.
246		-	~~COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS~~
247		-	~~March~~ 1, 2021 ~~- DO PASS AS AMENDED~~
	215	+
	216	+	58-1-1763 NP 3/1/2021 11:33:15 AM