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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
SENATE BILL 1212 By: Hicks
AS INTRODUCED
An Act relating to the purchase of state property;
defining terms; establishing state entity purchasing
requirements for certain goods or equipment;
providing exceptions; creating a differential pricing
preference for the cost of goods manufactured or
produced in the United States of America ; providing
for codification; and providing an effective date.
BE IT ENACTED BY THE PEO PLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 53 of Title 61, unless there is
created a duplication in numbering, reads as follows:
A. As used in this section:
1. “Manufactured or produced in the United States of America ”
means a product that has all manufacturing processes occurring in
the United States. All components of the product must be of United
States origin. A component is considered to be a produ ct of United
States origin if all of its manufacturing process es occur in the
United States, regardles s of the origin of its subcomponents; and
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2. “Public building or public work” means any structure,
building, highway, waterway, street, bridge, tran sit system,
airport, or other betterment, work or improvement whether of a
permanent or temporary nature and wh ether for governmental or
proprietary use. The term includes , but is not limited to , any
railway, street railway, subway, elevated and passenger and rail
rolling stock, self-propelled cars, gallery cars, locom otives,
passenger buses, wires, poles and equipment for electrification of a
transit system, rails, tracks, roadbeds, guideways, elevated
structures, buildings, schools, h ospitals, stations, termi nals,
docks, shelters, and repairs to any such public building or public
work.
B. Any agency, board, commission, office, institution, or other
governmental body of this state, or any person making purchases on
behalf of such entities, when making purchases of goods or equipment
for the construction, reconstruction, alteration, repai r,
improvement, or maintenance of a public building or public work,
shall purchase such goods or equipment manufactured or produced in
the United States of America as required by law, unless:
1. A foreign-made product is substantially cheaper and of equal
quality;
2. A foreign-made product is of substantially super ior quality
to competing American products and is sold a t a comparable price; or
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3. A reciprocal tra de agreement or treaty has been negotiated
by this state or by the United States on behalf of or including this
state with a foreign nation or government for nondiscriminatory
governmental procurement practi ces or policies with such foreign
nation or government.
C. The state or any political subdivision of the state ma y give
a two-and-one-half percent differential pricing preference to the
cost of goods and equipment manufact ured or produced in the United
States of America over foreign -made products; provided, such pricing
preferences shall not be for goods or equipment of inferior quality
to those offered from outside the United States of America. Such
pricing preference shall not be in addition to any other preference
for which such goods or equipment may be eligible pursuant to law.
SECTION 2. This act shall become effective November 1, 2024.
59-2-2368 MSBB 12/1/2023 7:56:07 AM