Bill Text For SB0043 - Introduced

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