Bill Number: OK51RHB 1058 Filed: 01-11-2007
Author: Covey
STATE OF OKLAHOMA
1 1st Session of the 51st Legislature (2007)
2 HOUSE BILL 1058 By: Covey
3 AS INTRODUCED
4 An Act relating to state government; amending 74 O.S.
5 2001, Section 85.3, which relates to The Oklahoma
6 Central Purchasing Act; requiring certain amounts of
7 energy purchases to be from renewable sources; and
8 providing an effective date.
9 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
10 SECTION 1. AMENDATORY 74 O.S. 2001, Section 85.3, is
11 amended to read as follows:
12 Section 85.3 A. There is hereby created and established in
13 the Department of Central Services a Purchasing Division, the
14 administrative head of which shall be the State Purchasing Director.
15 B. The Director of the Department of Central Services shall
16 hire the State Purchasing Director. The State Purchasing Director
17 shall:
18 1. Be at least twenty-eight (28) years of age;
19 2. Have a thorough knowledge of office practices and buying
20 procedures in volume purchasing; and
21 3. Be a graduate of an accredited college or university with
22 at least five (5) years' experience in commercial or governmental
23 purchasing, or, in lieu of such education, have at least ten (10)
24 years' experience in commercial or governmental purchasing.
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1 C. The Purchasing Division shall include the following
2 employees, and employment of such employees is hereby authorized:
3 1. One assistant director;
4 2. One qualified specifications engineer;
5 3. Buyers who have at least three (3) years' procurement
6 experience for:
7 a. food,
8 b. hardware,
9 c. textiles,
10 d. petroleum,
11 e. office supplies,
12 f. building materials,
13 g. pharmaceutical supplies,
14 h. automotive equipment, parts, and accessories, and
15 i. any other commodity group found by the Director of the
16 Department of Central Services to justify special purchasing
17 attention;
18 4. One buyer for products and services of the severely
19 disabled as provided in Section 3001 et seq. of this title;
20 5. One dietitian, who shall have the qualifications required
21 by the State Department of Health; and
22 6. Such other technical and clerical personnel as shall be
23 assigned to the Purchasing Division by the Director of the
24 Department of Central Services.
25 D. All activities of any state agency, department, or
26 institution relating to purchasing shall be under the direction of
27 the Purchasing Division unless otherwise provided by The Oklahoma
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1 Central Purchasing Act.
2 E. The Purchasing Division shall provide qualified personnel
3 to assist the purchasing activities of state agencies, departments,
4 and institutions.
5 F. Each state agency, department, and institution shall
6 designate personnel to coordinate its purchasing functions with the
7 Purchasing Division.
8 G. The Purchasing Division may, if the needs of a state
9 agency, department, or institution are such as to so require,
10 employ, and establish a buyer within a state agency, department, or
11 institution.
12 H. No state agency, department, or institution subject to The
13 Oklahoma Central Purchasing Act shall have or maintain a purchasing
14 section without the prior approval in writing of the Purchasing
15 Division unless otherwise provided in The Oklahoma Central
16 Purchasing Act.
17 I. The Purchasing Division shall make acquisitions from
18 industries operated by the State Department of Corrections pursuant
19 to the provisions of Section 549.1 of Title 57 of the Oklahoma
20 Statutes.
21 J. By January 1, 2015, the Purchasing Division shall ensure
22 that at least fifteen percent (15%) of its energy purchases are from
23 renewable sources of energy. By January 1, 2020, the Purchasing
24 Division shall ensure that at least twenty-five percent (25%) of its
25 energy purchases are from renewable sources of energy.
26 K. None of the personnel authorized by this section shall:
27 1. Sell to or otherwise provide acquisitions to any state
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1 agency subject to The Oklahoma Central Purchasing Act;
2 2. Be employees, partners, associates, officers, or
3 stockholders in or with any business entity that sells to or
4 otherwise provides acquisitions to any agency subject to The
5 Oklahoma Central Purchasing Act;
6 3. Be employed in any of the positions authorized by this
7 section if a spouse or child owns any stock in any business entity
8 which sells to or otherwise provides acquisitions to any agency
9 subject to The Oklahoma Central Purchasing Act; or
10 4. Be employed in any of the positions authorized by this
11 section if a relative within the third degree of consanguinity or
12 affinity sells to or otherwise provides acquisitions to any agency
13 subject to The Oklahoma Central Purchasing Act or is interested in
14 any business entity which does so, except that such relative,
15 excluding a spouse or child, may own Five Thousand Dollars
16 ($5,000.00) worth or less, or one percent (1%) or less, whichever
17 amount is the lesser amount, of the stock of a corporation or any
18 business entity which sells to or otherwise provides acquisitions to
19 any state agency subject to The Oklahoma Central Purchasing Act.
20 SECTION 2. This act shall become effective November 1, 2007.
21 51-1-5904 LRB 01/07/07
22 Page 1
23 Req. No. 5904
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