1| STATE OF OKLAHOMA | | | 2| 1st Session of the 59th Legislature (2023) | | | 3|SENATE BILL 43 By: Bergstrom | | | 4| | | | 5| | | | 6| AS INTRODUCED | | | 7| An Act relating to central purchasing; defining | | terms; prohibiting certain purchases from certain | 8| entities; requiring certification; prohibiting | | certain entities to bid on certain state contracts; | 9| directing State Purchasing Director to terminate | | contracts for certain reasons; mandating penalties; | 10| providing for codification; and providing an | | effective date. | 11| | | | 12| | | | 13|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | | | 14| SECTION 1. NEW LAW A new section of law to be codified | | | 15|in the Oklahoma Statutes as Section 90.8 of Title 74, unless there | | | 16|is created a duplication in numbering, reads as follows: | | | 17| A. As used in this section: | | | 18| 1. "Company" shall mean any sole proprietorship, organization, | | | 19|corporation, partnership, joint venture, limited partnership, | | | 20|limited liability partnership, limited liability company, or other | | | 21|entity or business association, including but not limited to all | | | 22|wholly owned subsidiaries, majority owned subsidiaries, parent | | | 23|companies, or affiliates of such entities or business associations, | | | 24|that exists for the purpose of making profit; | | | Req. No. 158 Page 1 ___________________________________________________________________________
1| 2. "Government of China" shall mean the government of the | | | 2|People's Republic of China led by the Chinese Communist Party (CCP); | | | 3|and | | | 4| 3. "Scrutinized company" shall mean any company owned or | | | 5|operated by the Government of China. | | | 6| B. 1. No state agency or political subdivision of this state | | | 7|shall purchase any goods or services from a scrutinized company or | | | 8|enter into contracts with a scrutinized company. | | | 9| 2. Any state agency or political subdivision of this state | | | 10|requiring a bid or proposal for goods or services shall require a | | | 11|company submitting a bid or proposal to certify that the company is | | | 12|not a scrutinized company. Such certification shall be required in | | | 13|addition to, and not in lieu of, any other certification required by | | | 14|law. | | | 15| 3. A scrutinized company shall be ineligible to bid on or | | | 16|submit a proposal, directly or indirectly through a third-party, for | | | 17|a contract with any public or private entity that directly or | | | 18|indirectly receives state funding. | | | 19| C. If the State Purchasing Director determines that a company | | | 20|has submitted a false certification under paragraph 2 of subsection | | | 21|B of this section: | | | 22| 1. The company shall be liable for a civil penalty of Two | | | 23|Hundred Fifty Thousand Dollars ($250,000.00) or twice the amount of | | | 24|the contract, whichever is greater; and | | | Req. No. 158 Page 2 ___________________________________________________________________________
1| 2. The State Purchasing Director shall immediately terminate | | | 2|the contract with the company. | | | 3| SECTION 2. This act shall become effective November 1, 2023. | | | 4| | | | 5| 59-1-158 KR 12/15/2022 10:15:11 PM | | | 6| | | | 7| | | | 8| | | | 9| | | | 10| | | | 11| | | | 12| | | | 13| | | | 14| | | | 15| | | | 16| | | | 17| | | | 18| | | | 19| | | | 20| | | | 21| | | | 22| | | | 23| | | | 24| | | | Req. No. 158 Page 3