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SENATE FLOOR VERSION
March 1, 2021
COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 829 By: Murdock of the Senate
and
Wallace of the House
[ state property - fencing of certain property -
exemptions from the Central Purchasing Act -
codification - 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 numbering, 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 parcels of land leased for
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 may
provide the fencing materials to the lessee for fair payment or
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trade. 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
exempt from the provisions of this act. Provided that such fence
exempt from this section, at the time of replacement, shall meet the
requirements of permanent fencing as defined in this section .
Any property held by the state pursuant to Section 327 of Title
61 of the Oklahoma Statutes that is currently leased for livestock
grazing and does not have a permanent fence for the perimeter of the
grazing property upon the effective date of this act shall provide,
in accordance with this section, for such a fence upon the
expiration or renewal of the lease.
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:
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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;
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
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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 fen cing 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.
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.
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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.
COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS
March 1, 2021 - DO PASS AS AMENDED