An Act
ENROLLED HOUSE
BILL NO. 1010 By: West (Rick) of the House
and
Hamilton of the Senate
An Act relating to the Oklah oma Central Purchasing
Act; amending 74 O.S. 2021, Section 85.3, which
relates to the Purchasing Division; allowing cer tain
state entities to make certain purchases; requiring
certain documentation; and providing an effective
date.
SUBJECT: Oklahoma Central Purchasing Act
BE IT ENACTED BY THE PEOPLE OF THE STAT E OF OKLAHOMA:
SECTION 1. AMENDATORY 74 O.S. 2021, Section 85.3, is
amended to read as follows:
Section 85.3 A. There is hereby created and established in the
Office of Management and Enterprise Service s a Purchasing Division,
the administrative he ad of which shall be t he State Purchasing
Director.
B. The Director of t he Office of Management and Enterprise
Services shall hire the State Purchasing Director. The State
Purchasing Director shall:
1. Have a thorough knowledge of office practices and b uying
procedures in volume purchasing; and
2. Be a graduate of an accred ited college or university with at
least five (5) years ' experience in commercial or governmental
purchasing, or, in lieu of such educati on, have at least ten (10)
years' experience in commercial or govern mental purchasing.
ENR. H. B. NO. 1010 Page 2
C. The State Purchasing Directo r, with the approval of the
Director of the Office of Management and Enterprise Services, may
employ such personnel as may be necessary t o exercise authority and
perform duties under the Oklahoma Central P urchasing Act.
D. All activities of any state agen cy, department, or
institution relating to purchasing shall be under the direction of
the Purchasing Division unless otherwise provided b y the Oklahoma
Central Purchasing Act.
E. The Purchasing Division s hall provide qualified personnel to
assist the purchasing activities of state agencies, departments, and
institutions, as required by the Oklahoma Central Purchasing Act.
F. Each state agency, department, and institution shall
designate personnel to coord inate its purchasing functions with the
Purchasing Division.
G. The Purchasing Division may, if the needs of a state agency,
department, or institution are such as to so require, employ, and
establish a buyer within a state agency. The state agency shall pay
all expenses incurred for any buyer required t o be placed within its
agency.
H. Except as provided in Section 34.36 of Title 62 of the
Oklahoma Statutes, no state agency subject to t he Oklahoma Central
Purchasing Act shall have or maintain a purchasi ng section without
the prior approval in writing of the Purchasing Division unless
otherwise provided in the Oklahoma Central Purchasing Act nor shall
such purchasing section perform purch asing functions for another
state agency.
I. The Purchasing Divisi on shall make acquisitions from
industries operated by the Department of Corrections pursuant to the
provisions of Section 549.1 of Title 57 of the Oklahoma Statutes.
J. None of the person nel authorized by this section shall:
1. Sell to or otherwise provide acquisitions to any state
agency subject to the Oklahoma Central Purchasing Act;
2. Be employees, partners, associates, officers, or
stockholders in or with any business entity that se lls to or
otherwise provides acquisitions to a ny state agency subject to the
Oklahoma Central Purchasing Act; ENR. H. B. NO. 1010 Page 3
3. Be employed in any of the positions authorized by this
section if a spouse or child owns any stock in any business entity
which sells to or ot herwise provides acquisitions to any agency
subject to the Oklahoma Central Purchasing Act;
4. Be employed in any of t he positions authorized by this
section if a relative within the third degree of consanguinity or
affinity sells to or otherwise provides acquisitions to any state
agency subject to the Oklahoma Central Purchasing Act or is
interested in any business entit y which does so, except that such
relative, excluding a spouse or child, may own Twenty -five Thousand
Dollars ($25,000.00) worth or less, or one percent (1%) or less,
whichever amount is the lesser amount, of the stock of a corporation
or any business enti ty which sells to or otherwise provides
acquisitions to any state agency subject to the Oklahoma Central
Purchasing Act; or
5. Violate applicable rules of the Ethics Commission
promulgated pursuant to Article XXIX of the Oklahoma Constitution
that relate to accepting gifts from a vendor or a vendor 's agent.
K. Any state agency, department, institution, or satellite
office thereof that is otherwise subject to the provisions of the
Oklahoma Central Purchasing Act, but is located in a county without
statewide contracted vendors, may ele ct to purchase necessary
equipment and supplies from a local business at or below state
contract pricing without first obtaining a waiver from or the
permission of the Purchasing Division after seventy-two (72) hours
from providing written or electronic notice to the Central
Purchasing Director of said purchase in an amount not to exceed Two
Thousand Five Hundred Dollars ( $2,500.00). Any state agency that
elects to make purchases from local vendors pursuant to this
subsection shall maintain a document file for each acquisition the
state agency makes, which shall include, at a minimum, justification
for the acquisition, supporting documentation, copies of all
contracts, if any, pertaining to the acquisition, evaluations ,
written reports, if required by contract , and any other information
the State Purchasing Director requires .
SECTION 2. This act shall become effective November 1, 2024.
ENR. H. B. NO. 1010 Page 4
Passed the House of Representatives the 21st day of February,
2024.
Presiding Officer of the House
of Representatives
Passed the Senate the 22nd day of April, 2024.
Presiding Officer of the Senate
OFFICE OF THE GOVERNOR
Received by the Office of the Go vernor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _____ ____
day of ___________________, 20_______, at _______ o 'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of ___________________, 20_______, at _______ o'clock _______ M .
By: _________________________________
ENR. H. B. NO. 1010 Page 5