1| STATE OF OKLAHOMA | | | 2| 1st Session of the 59th Legislature (2023) | | | 3|HOUSE BILL 1010 By: West (Rick) | | | 4| | | | 5| | | | 6| AS INTRODUCED | | | 7| An Act relating to the Oklahoma Central Purchasing | | Act; amending 74 O.S. 2021, Section 85.3, which | 8| relates to the Purchasing Division; allowing certain | | state entities to make certain purchases; requiring | 9| certain documentation; and providing an effective | | date. | 10| | | | 11| | | | 12|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | | | 13| SECTION 1. AMENDATORY 74 O.S. 2021, Section 85.3, is | | | 14|amended to read as follows: | | | 15| Section 85.3 A. There is hereby created and established in the | | | 16|Office of Management and Enterprise Services a Purchasing Division, | | | 17|the administrative head of which shall be the State Purchasing | | | 18|Director. | | | 19| B. The Director of the Office of Management and Enterprise | | | 20|Services shall hire the State Purchasing Director. The State | | | 21|Purchasing Director shall: | | | 22| 1. Have a thorough knowledge of office practices and buying | | | 23|procedures in volume purchasing; and | | | 24| | | | Req. No. 5209 Page 1 ___________________________________________________________________________
1| 2. Be a graduate of an accredited college or university with at | | | 2|least five (5) years' experience in commercial or governmental | | | 3|purchasing, or, in lieu of such education, have at least ten (10) | | | 4|years' experience in commercial or governmental purchasing. | | | 5| C. The State Purchasing Director, with the approval of the | | | 6|Director of the Office of Management and Enterprise Services, may | | | 7|employ such personnel as may be necessary to exercise authority and | | | 8|perform duties under the Oklahoma Central Purchasing Act. | | | 9| D. All activities of any state agency, department, or | | | 10|institution relating to purchasing shall be under the direction of | | | 11|the Purchasing Division unless otherwise provided by the Oklahoma | | | 12|Central Purchasing Act. | | | 13| E. The Purchasing Division shall provide qualified personnel to | | | 14|assist the purchasing activities of state agencies, departments, and | | | 15|institutions, as required by the Oklahoma Central Purchasing Act. | | | 16| F. Each state agency, department, and institution shall | | | 17|designate personnel to coordinate its purchasing functions with the | | | 18|Purchasing Division. | | | 19| G. The Purchasing Division may, if the needs of a state agency, | | | 20|department, or institution are such as to so require, employ, and | | | 21|establish a buyer within a state agency. The state agency shall pay | | | 22|all expenses incurred for any buyer required to be placed within its | | | 23|agency. | | | 24| | | | Req. No. 5209 Page 2 ___________________________________________________________________________
1| H. Except as provided in Section 34.36 of Title 62 of the | | | 2|Oklahoma Statutes, no state agency subject to the Oklahoma Central | | | 3|Purchasing Act shall have or maintain a purchasing section without | | | 4|the prior approval in writing of the Purchasing Division unless | | | 5|otherwise provided in the Oklahoma Central Purchasing Act nor shall | | | 6|such purchasing section perform purchasing functions for another | | | 7|state agency. | | | 8| I. The Purchasing Division shall make acquisitions from | | | 9|industries operated by the Department of Corrections pursuant to the | | | 10|provisions of Section 549.1 of Title 57 of the Oklahoma Statutes. | | | 11| J. None of the personnel authorized by this section shall: | | | 12| 1. Sell to or otherwise provide acquisitions to any state | | | 13|agency subject to the Oklahoma Central Purchasing Act; | | | 14| 2. Be employees, partners, associates, officers, or | | | 15|stockholders in or with any business entity that sells to or | | | 16|otherwise provides acquisitions to any state agency subject to the | | | 17|Oklahoma Central Purchasing Act; | | | 18| 3. Be employed in any of the positions authorized by this | | | 19|section if a spouse or child owns any stock in any business entity | | | 20|which sells to or otherwise provides acquisitions to any agency | | | 21|subject to the Oklahoma Central Purchasing Act; | | | 22| 4. Be employed in any of the positions authorized by this | | | 23|section if a relative within the third degree of consanguinity or | | | 24|affinity sells to or otherwise provides acquisitions to any state | | | Req. No. 5209 Page 3 ___________________________________________________________________________
1|agency subject to the Oklahoma Central Purchasing Act or is | | | 2|interested in any business entity which does so, except that such | | | 3|relative, excluding a spouse or child, may own Twenty-five Thousand | | | 4|Dollars ($25,000.00) worth or less, or one percent (1%) or less, | | | 5|whichever amount is the lesser amount, of the stock of a corporation | | | 6|or any business entity which sells to or otherwise provides | | | 7|acquisitions to any state agency subject to the Oklahoma Central | | | 8|Purchasing Act; or | | | 9| 5. Violate applicable rules of the Ethics Commission | | | 10|promulgated pursuant to Article XXIX of the Oklahoma Constitution | | | 11|that relate to accepting gifts from a vendor or a vendor's agent. | | | 12| K. Any state agency, department, institution, or satellite | | | 13|office thereof that is otherwise subject to the provisions of the | | | 14|Oklahoma Central Purchasing Act, but is located in a county without | | | 15|contracted vendors, may elect to purchase necessary equipment and | | | 16|supplies from a local business without first obtaining a waiver from | | | 17|or the permission of the Purchasing Division. Any state agency that | | | 18|elects to make purchases from local vendors pursuant to this | | | 19|subsection shall maintain a document file for each acquisition the | | | 20|state agency makes which shall include, at a minimum, justification | | | 21|for the acquisition, supporting documentation, copies of all | | | 22|contracts, if any, pertaining to the acquisition, evaluations, | | | 23|written reports if required by contract and any other information | | | 24|the State Purchasing Director requires to be kept. | | | Req. No. 5209 Page 4 ___________________________________________________________________________
1| SECTION 2. This act shall become effective November 1, 2023. | | | 2| | | | 3| 59-1-5209 LRB 11/15/22 | | | 4| | | | 5| | | | 6| | | | 7| | | | 8| | | | 9| | | | 10| | | | 11| | | | 12| | | | 13| | | | 14| | | | 15| | | | 16| | | | 17| | | | 18| | | | 19| | | | 20| | | | 21| | | | 22| | | | 23| | | | 24| | | | Req. No. 5209 Page 5