Bill Text For HB1010 - Introduced

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