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ENGROSSED HOUSE
BILL NO. 1774 By: Williams of the House
and
Bullard of the Senate
An Act relating to state government; amending 74 O.S.
2021, Section 85.3A, as amended by Section 53,
Chapter 228, O.S.L. 2022 (74 O.S. Supp. 2022, Se ction
85.3A), which relates to the Oklahoma Central
Purchasing Act; adding exemption; amending 74 O.S.
2021, Sections 2213, 2221, 2239 and 2244 which relate
to the Oklahoma Tourism, Parks a nd Recreation
Enhancement Act; modifying exemptions from the
Oklahoma Central Purchasing Act; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 74 O.S. 2021, Section 85.3A, as
amended by Section 53, Chapter 228, O.S.L. 2022 ( 74 O.S. Supp. 2022,
Section 85.3A), is amended to read as follows:
Section 85.3A A. Compliance with the provisions of the
Oklahoma Central Purchas ing Act shall not be required of:
1. County government;
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2. The Oklahoma State Regents for Higher Education , the
institutions, centers or other constituent agencies of The Oklahoma
State System of Higher Education;
3. The telecommunications network know n as OneNet;
4. The Department of Publ ic Safety gun range;
5. The State Treasurer for the following purcha ses:
a. services including, but not lim ited to, legal services
to assist in the administration of the Uniform
Unclaimed Property Act, as provided i n Section 668 of
Title 60 of the Oklahom a 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 betwee n state
agencies;
7. The Oklahoma Department of Veterans Affairs, i n accordance
with Section 63.22 of Title 72 of the Oklahoma Statutes;
8. The Oklahoma Military Department for the purchases of
heraldry items including, but limited to, medals, badges and other
military accoutrements;
9. A transaction, wholly funded by monies other than state-
derived funds, in which a state agency function s only as a pass-
through conduit to fund an acquisition that is required by the
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funding source for the benefit of a nother entity or individuals and
the state agency does not retain owne rship of any part of the
acquisition as a result of the transaction ; or
10. The Secretary of Sta te when selecting a vendor for
publication of the Oklahoma Statutes in accordance with Se ction 13
of Title 75 of the Oklahoma Statutes; or
11. The Oklahoma Tourism and Recreation Commission for the
purpose of soliciting, negotiating, a nd effectuating contracts
pursuant to Sections 2213, 2221, 2239 and 2244 of this title.
B. The State Purchasing Director may form an adviso ry committee
consisting of representatives from entities exempted from the
provisions of the Oklahoma Central Purc hasing Act. The purpose of
the committee shall be to allow committee members to provide in put
into the development of shared state purchasing contracts,
collaboratively participate in the integration of their purchasing
platforms or electronic purchasing catalogs, analyze solutions that
may be used by state government to meet the purchasing nee ds of the
entities, explore joint purchases of gene ral use items that result
in mutual procurement of quality goods and services at the lowest
reasonable cost and ex plore flexibility, administrative relief and
transformation changes through utilization of procurement
technology.
C. At the invitation of th e State Purchasing Director entities
exempted from the provisions of the Oklahoma Central Purchasing Act
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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. AMENDATORY 74 O.S. 2021, Section 2213, is
amended to read as follows:
Section 2213. A. The Oklahoma Tourism and Recreation Commission
may contract for the study, analysis, and planning as reasonably
necessary to aid in determining the feasibility of leasing, selling
or privately managing or developing the prop erty or facilities under
the control of the Commi ssion. The Commission shall be exempt from
the competitive bidding requirements of the Oklahoma Central
Purchasing Act for the purpose of soliciting, negotiating, and
effectuating such a contract or contrac ts pursuant to Section 85.3A
of this title.
B. The State Purchasing Director shall review and audit all
uses of the exemptions provided in subsection A of this sectio n.
SECTION 3. AMENDATORY 74 O.S. 2021, Section 2221 , is
amended to read as follo ws:
Section 2221. A. The Oklahoma Tourism and Recreation
Commission, through the Department, is authorized to promote state -
owned, leased, or operated facilities. The Department may utilize
specific promotion programs such a s the provision of compliment ary
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rooms, package-rate plans, group rates, guest incentive sales
programs, entertainment of prospective guests, employee -information
programs, golf promotional programs as well as other sales and
promotion programs considered acceptable in the hospitality
industry, in the travel industry, or the regional magazine industry
are approved as necessary advertising and promotion expenses.
B. In order to best carry out the duties and responsibilities
of the Department and to serve th e people of the state in the
promotion of tourism and tourism economic development, the
Department may enter into partnerships for promotional programs and
projects with a private person, firm, corporation, organization or
association. The Department may enter into contracts or agree ments
under terms to be mutually agreed upon to carry out the promotional
programs and projects, excluding the advertising contract by the
Department which utilizes the Tourism Promotion Tax or acquisition
of land or buildings. The contracts or agreements may be negotiated
and shall not be subject to the provisions of the be exempt from the
Oklahoma Central Purchasing Act or and the Public Competitive
Bidding Act of 1974.
C. All contracts or agreements entered into as partnerships for
promotional projects or programs by the Departme nt shall be approved
by the Commission.
D. The State Purchasing Director shall review and audit all
uses of the exemptions provided in this section.
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SECTION 4. AMENDATORY 74 O.S. 2021, Section 2239, i s
amended to read as follows:
Section 2239. A. The following purchases b y the Oklahoma
Tourism and Recreation Department shall be exempt from The the
Oklahoma Central Purchasing Act:
1. Merchandise for resale purchased for and sold over the
Internet, in publications or through Department re tail outlets, such
as lodges, gift shops, golf course pro shops, restaurants and other
purchases made for the production of such merchandise;
2. Materials, supplies and services necessary for the efficient
and economical operation of revenue -generating, Department-operated
facilities and programs including those made to maintain or improve
guest perception of quality and service; and
3. The services of writer s, artists, photographers, designers,
programmers, prepress houses, printers, shippers and other
professionals and firms involved in t he artistic production of
department publications, television shows, websites or other
revenue-generating or public -facing media, pursuant to internal
purchasing procedures approved by the State Purchasing Director.
B. The State Purchasing Director shall review and audit all
uses of the exemptions provided in subsection A of this section;
provided, no exemption shall be construed for the use of leasing or
contracting for state owned restaurants in Oklahoma State Parks .
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SECTION 5. AMENDATORY 74 O.S. 2021, Section 2244, is
amended to read as follows:
Section 2244. A. The Department shall be exempt from any
provision of Sections 85.1 through 85.45k of this title requiring
purchases to be made purs uant to a statewide contract for in dividual
purchases of less than Two Thousand Five Hundred Dollars ($2,500.00)
when the following conditions are met:
1. The Department documents a cost savings to the state
resulting from the purchase of the item(s) from a vendor not on the
statewide contract;
2. The exempted purchase is made in the county where the
purchasing facility, as identified in subsection B of this section,
is located or in an adjacent county; and
3. The exempted purchase is approved by the Exe cutive Director
or a designee prior to the purchase.
B. The Commission shall promulgate rules, procedures, and forms
necessary to adequately document the dollar savings resulting fro m
the application of this section.
C. The exemption provided for in this section shall apply to
individual department entities identified by the annual budget
submitted to the Office of Management and Enterprise Services.
D. The Department shall not be r equired to purchase furniture,
fixtures and equipment, and soft goods ass ociated with the decor of
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the state parks, lodges, golf, and tourism information center
facilities from Oklahoma prisons or reformatories.
E. B. The State Purchasing Director shall review and audit all
uses of the exemptions provided in this section. Nothing in this
section shall be const rued to authorize bid splitting as prohibited
by The the Oklahoma Central Purchasing Act.
SECTION 6. This act shall become effective November 1, 2023.
Passed the House of Representatives the 13th day of March, 2023.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2023.
Presiding Officer of the Senate