Req. No. 517 Page 1 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 900 By: Weaver
AS INTRODUCED
An Act relating to contracts for professional
services; amending 74 O.S. 2021, Section 85.42, which
relates to one-year limitation on cer tain contracts;
authorizing the Oklahoma Indigent Defense System to
enter into certain contracts; updating statutory
language; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 74 O.S. 2021, Section 85.42, is
amended to read as follows:
Section 85.42. A. 1. Except as otherwise provided for in this
section or other applicable law, any agency, whether or not su ch
agency is subject to the Oklahoma Central Purcha sing Act, is
prohibited from entering into a sole source contract or a contra ct
for professional services with or for the services of any person,
who has terminated employment with or who has been terminat ed by
that agency for one (1) year after the termin ation date of the
employee from the agency. The provisions of this subsectio n shall
not prohibit an agency from hiring or rehiring such person as a
state employee.
Req. No. 517 Page 2 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
2. Any chief administrative officer of an agency, whether or
not such agency is subject to the Oklahoma Central Purchasing Act,
shall not enter into any contract for n onprofessional or
professional services for the purpose of or which would result in
the circumvention of the full -time equivalent employee limitation
established by law for such a gency.
B. Each contract entered into by any person or firm w ith the
State of Oklahoma shall include a statement certifying that no
person who has been involved in any manner in the development of
that contract while employed by the state shall be employed to
fulfill any of the services provided for under the contra ct. This
subsection shall not preclude faculty and staff of the institutions
within The State System of Higher Education from negotiating and
participating in research grants and educational con tracts. Nor
shall this subsection apply to Oklahoma Departme nt of Commerce
personnel who contract to provide services to the Oklahoma Capital
Investment Board.
C. As used in this section, “person” is defined as means any
state official or employee of a d epartment, board, bureau,
commission, agency, trusteeship, au thority, council, committee,
trust, school district, fair board, court, executive office,
advisory group, task force, study group, supported in whole or in
part by public funds or entrusted with the expenditure of public
funds or administering or operating public property, and all
Req. No. 517 Page 3 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
committees, or subcommittees thereof, judges, justices and state
legislators.
D. Notwithstanding anything to the cont rary in this section,
the following sole source or professional services contracts are
allowed at any time:
1. A contract for professional services at any time with a
person who is a qualified interpreter for the deaf; and
2. A contract between a busines s entity that is a part -time
certified court report er and the Administrative Office of the
Courts, on behalf of the district courts, or the Office of the
Attorney General; and
3. A contract entered into by the Executive Director of the
Oklahoma Indigent Defense System for the purpose of providing court -
appointed representation for indigent defendants pursuan t to the
Indigent Defense Act.
E. Provided the provisions specified in subsection B of this
section are satisfied, the following professional services contracts
are allowed:
1. The Department of Trans portation, Oklahoma Water Resources
Board, Department of Environm ental Quality, Oklahoma Tourism and
Recreation Department, the Oklahoma Turnpike Authority and the
Oklahoma Department of Agriculture, Food, and Forestry may contract
with a person who has re tired from state service;
Req. No. 517 Page 4 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
2. To maintain public health infrastru cture and preparedness,
the State Department of Health and city -county health departments
may contract with a physician assistant, registere d nurse, advanced
practice nurse, nurse midwife, re gistered dietician, occupational
therapist, physical therapist or speech-language pathologist who has
retired from state service; and
3. The Department of Mental Health and Substance Abuse Services
may contract with a physician, re gistered nurse, register ed
pharmacist or person meeting the definitio n of a licensed ment al
health professional, as defined in Title 43A of the Oklahoma
Statutes, who has separated and/or retired from state service.
SECTION 2. This act shall become effective November 1, 2023.
59-1-517 TEK 1/19/2023 10:27:23 AM