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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
ENGROSSED SENATE
BILL NO. 853 By: Dossett (J.J.) and Floyd of
the Senate
and
Burns of the House
An Act relating to the Oklahoma Central Purch asing
Act; 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
exempted entities; exempting the Oklahoma Military
Department from the provisions of the Oklahoma
Central Purchasing Act for certain purchases; and
providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 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), is amended to read as follows:
Section 85.3A. A. Compliance with the provisions of the
Oklahoma Central Purchasing Act shall not be required of:
1. County government;
2. The Oklahoma State Regents for Hig her Education, the
institutions, centers , or other 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 fol lowing purchases:
a. services, including, but not 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 se rvices to assist
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 Vetera ns Affairs, in accordance
with Section 63.22 of Title 72 of the Oklahoma Statutes; or
8. The Oklahoma Military Department for the purchases of
heraldry items including, but limited to, medals, badges and other
military accoutrements ; or
9. A transaction, wholly funded by monies 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 ownership of any part of the
acquisition as a result of the transaction.
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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 Purchas ing Act. The purpose of
the committee shall be to allow committee members to provide input
into the development of shared state purchasing contracts,
collaboratively participate in the integration of their purchasing
platforms or electronic purchasing cat alogs, analyze solutions that
may be used by state government to meet the purchasing 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 explo re flexibility, administrative relief , and
transformation changes through utilization of procurement
technology.
C. At the invitation of the State Purchasing Director 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 2. This act shall become effective November 1, 2021.
COMMITTEE REPORT BY: COMMITTEE ON GENERAL GOVERNMENT, dated
04/01/2021 - DO PASS, As Coauthored.