Oklahoma 2023 Regular Session

Oklahoma House Bill HB2664 Compare Versions

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2828 STATE OF OKLAHOMA
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3030 1st Session of the 59th Legislature (2023)
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3232 HOUSE BILL 2664 By: Steagall
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3838 AS INTRODUCED
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4040 An Act relating to state government; amending 74 O.S.
4141 2021, Sections 3001, as amended by Section 1, Chapter
4242 252, O.S.L. 2022, 3003, as amended by Section 3,
4343 Chapter 252, O.S.L. 2022 and 3004, as amended by
4444 Section 4, Chapter 252, O.S.L. 2022 (74 O.S. Supp.
4545 2022, Sections 3001, 3003 and 3004), which relate to
4646 the State Use Advisory Council; clarifying language ;
4747 and providing an effective d ate.
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5454 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
5555 SECTION 1. AMENDATORY 74 O.S. 2021, Section 3001, as
5656 amended by Section 1, Chapter 252, O.S.L. 2022 (74 O.S. Supp. 2022,
5757 Section 3001), is amended to read as follows:
5858 Section 3001. A. There is hereby created in the Office of
5959 Management and Enterprise Services an advisory council to be known
6060 as the "State Use Advisory Council". The Council shall consist of
6161 seven (7) members:
6262 1. A private citizen conversant with the employment nee ds of
6363 people with significant disabilities who shall be appointed by and
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9090 serve at the pleasure of the Governor to act as an advocate for th e
9191 employment needs of people with significant disabilities;
9292 2. The Director of the Office of M anagement and Enterpri se
9393 Services or designee;
9494 3. The Director of the Department of Rehabilitation Services,
9595 or designee;
9696 4. One member who shall be a state use prov ider who shall be
9797 appointed by the President Pro Tempore of the Senate;
9898 5. An individual or a parent or guardian of an individual with
9999 significant disabilities who participates in vocational programm ing
100100 through a qualified nonprofit agency for individuals with
101101 disabilities, to be appointed by the Speaker of the House of
102102 Representatives;
103103 6. The Director of Human Services, or designee; and
104104 7. A person employed by the Office of Management and Enterp rise
105105 Services Central Purchasing Division as a contracting officer,
106106 appointed by the State Purchasing Director .
107107 B. The private citizens on the Council shall serve for a period
108108 of two (2) years and may be reappointed by the appointing authority.
109109 Any private citizen appointed pursuant to this section to fill a
110110 vacancy occurring prior to the expiration of the term for which the
111111 predecessor was appointed shall be appointed only for the remainder
112112 of the term.
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139139 The State Use Advisory Council shall meet a minimum of twice a
140140 year for the purpose of exchanging ideas to market and improve the
141141 State Use Program.
142142 SECTION 2. AMENDATORY 74 O.S. 2021, Section 3003, as
143143 amended by Section 3, Chapter 252, O.S.L. 2022 (7 4 O.S. Supp. 2022,
144144 Section 3003), is amended to read as follows:
145145 Section 3003. As used in Section Sections 3001 et seq. through
146146 3009 of this title:
147147 1. "Blind person" means a person having a visual acuity n ot to
148148 exceed 20/200 in the bet ter eye, with correcting lenses, or visual
149149 acuity greater than 20/200 but with limitation in th e field of
150150 vision such that the widest diameter of visual f ield subtends an
151151 angle no greater than twenty (20) degrees;
152152 2. "Council" means the State Use Advisory Council;
153153 3. "Qualified nonprofit agency for the employment of people
154154 with significant disabil ities" means a nonprofit agency employing
155155 persons with significant disabilities who constitute at least
156156 seventy-five percent (75%) of the direct labor hours engaged in
157157 direct production, manufacturing, processing and/or assembling of
158158 products or services offered by the agency for procurement by this
159159 state or who meet the definition of blind person as provided for in
160160 paragraph 1 of this section, or which is certified as a sheltered
161161 workshop by the Wage and Hour Division of the United States
162162 Department of Labor;
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189189 4. "Person with significant disabilities" means an individual
190190 with a physical or mental disability constituting a substantial
191191 handicap to employment and preventing the person from engaging in
192192 normal competitive employment and /or includes any blind person;
193193 5. "Qualified organization" means a blind person or qualified
194194 nonprofit agency for the employment of people with significant
195195 disabilities contracting to supply goods or services;
196196 6. "Manufactured" means goods made by manual labor;
197197 7. "Produced" means to have brought into existence or created
198198 from raw materials;
199199 8. "Processed" means the action of taking something through an
200200 established and mostly routine set of procedures or steps to
201201 substantially convert a potential product from one form to another.
202202 This action involves a sequence of multiple steps each requiring a
203203 distinct decision-making process to evolve a potential product to
204204 the next step;
205205 9. "Assemble" means to put or fit together or put together the
206206 parts of a potential product;
207207 10. "Central nonprofit agency (CNA)" means a qualified 501(c)3
208208 nonprofit entity meeting the qualifications in the Request for
209209 Procurement (RFP) issued by the Office of Management and Enterprise
210210 Services selected to administer and oversee the State Use Program;
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238238 11. "Procurement schedule" means a designated schedule of
239239 products and services currently approved by the Office of Management
240240 and Enterprise Services Central Purchasing Division as suitable to
241241 procure from qualified organizations particip ating in the State Use
242242 Program.
243243 SECTION 3. AMENDATORY 74 O.S. 2021, Section 3004, as
244244 amended by Section 4, Chapter 252, O.S.L. 2022 (74 O.S. Supp. 2022,
245245 Section 3004), is amended to read as follows:
246246 Section 3004. The Office of Management and Enterprise Services
247247 Central Purchasing Division shall designate and distribute by
248248 regulation a schedule, hereinafter referred to as the procurement
249249 schedule, of the products directly manufactured, produced, processed
250250 or assembled or services directly performed, offered or provided by
251251 any person with significant disabilities or qualified nonprofit
252252 agency for the employment of people with significant disabilities,
253253 as defined in Section 3003 of this title, which the State Purchasing
254254 Director determines are suitable for procurement by the state. The
255255 products and services on contract will shall be published on the
256256 procurement schedule and will be designated as mandatory. The
257257 Office of Management and Enterprise Services Central Purchasing
258258 Division shall have the authority to qualify organizations for
259259 inclusion in the State Use Program, monitor qualified organizations
260260 for continued complia nce to remain active in the program, and remove
261261 organizations from the program. The Central Purchasing Division
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288288 shall have the authority to award and manage contracts to the
289289 qualified organizations as well as to renegotiate or cancel
290290 contracts when appropriate.
291291 SECTION 4. This act shall becom e effective November 1, 2023.
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293293 59-1-6153 LRB 01/04/23