An act relating to counties and county officers, the official text

1                         STATE OF OKLAHOMA

2        1st Session of the 60th Legislature (2025)

3 HOUSE BILL 2165               By: Pfeiffer

4

5

6                         AS INTRODUCED

7        An Act relating to counties and county officers;

         amending 19 O.S. 2021, Section 1505, as amended by

8        Section 3, Chapter 94, O.S.L. 2022 (19 O.S. Supp.

         2024, Section 1505), which relates to the procedures

9        for the operation of county government; permitting

         certain interlocal agreements; and providing an

10       effective date.

11

12

13 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

14  SECTION 1.      AMENDATORY  19 O.S. 2021, Section 1505, as

15 amended by Section 3, Chapter 94, O.S.L. 2022 (19 O.S. Supp. 2024,

16 Section 1505), is amended to read as follows:

17  Section 1505. The following procedures shall be used by

18 counties for the requisition, purchase, lease-purchase, rental, and

19 receipt of supplies, materials, road and bridge construction

20 services, equipment and information technology and telecommunication

21 goods and services for the maintenance, operation, and capital

22 expenditures of county government unless otherwise provided for by

23 law.

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    Req. No. 11043                                                 Page 1
1   A. The procedure for requisitioning items for county offices

2 shall be as follows:

3   1. The requesting department shall prepare a requisition form

4 in triplicate. The requisition shall contain any specifications for

5 an item as deemed necessary by the requesting department. The form

6 shall be prescribed by the State Auditor and Inspector;

7   2. The requesting department shall retain a copy of the

8 requisition and forward the original requisition and a copy to the

9 county purchasing agent; and

10  3. Upon receipt of the requisition, the county purchasing

11 agent, within two (2) working days, shall begin the bidding and

12 purchasing process as provided for in this section. Nothing in this

13 section shall prohibit the transfer of supplies, materials, or

14 equipment between county departments upon a written agreement

15 between county officers.

16  B. The bid procedure for selecting a vendor for the purchase,

17 lease-purchase, or rental of supplies, materials, equipment and

18 information technology and telecommunication goods and services used

19 by a county shall be as follows:

20  1. The county purchasing agent shall request written

21 recommendations from all county officers pertaining to needed or

22 commonly used supplies, materials, road and bridge construction

23 services, equipment and information technology and telecommunication

24 goods and services. From such recommendations and available

    Req. No. 11043                                                  Page 2
 1 requisition, purchase, or inventory records, the county purchasing
 2 agent shall prepare a list of items needed or commonly used by
 3 county officers. The county purchasing agent shall request from the
 4 Purchasing Division or from the Information Services Division in the
 5 case of information technology and telecommunication goods and
 6 services of the Office of Management and Enterprise Services all
 7 contracts quoting the price the state is paying for the items. The
 8 county purchasing agent shall either request the Purchasing Division
 9 or the Information Services Division of the Office of Management and
10 Enterprise Services, as applicable, to make the purchase for the
11 county or the county purchasing agent shall solicit bids for unit
12 prices on the items for periods of not to exceed twelve (12) months
13 in the manner described in paragraph 2 of this subsection. If the
14 county purchasing agent receives a requisition for an item for which
15 the county purchasing agent does not have a current bid, the county
16 purchasing agent shall request from the Purchasing Division or the
17 Information Services Division of the Office of Management and
18 Enterprise Services, as applicable, all contracts quoting the price
19 the state is paying for the item. The county purchasing agent shall
20 either request the Purchasing Division or the Information Services
21 Division of the Office of Management and Enterprise Services, as
22 applicable, to make the purchase for the county or the county
23 purchasing agent shall solicit bids in the manner described in
24 paragraph 2 of this subsection. Nothing in this paragraph shall

Req. No. 11043  Page 3
1 prohibit bids from being taken on an item currently on a twelve-

2 month bid list, at any time deemed necessary by the county

3 purchasing agent. Whenever the county purchasing agent deems it

4 necessary to take a bid on an item currently on a twelve-month bid

5 list, the reason for the bid shall be entered into the minutes of

6 the board of county commissioners;

7  2. Bids shall be solicited by mailing or emailing a notice to

8 all persons or firms who have made a written request of the county

9 purchasing agent that they be notified of such bid solicitation and

10 to all other persons or firms who might reasonably be expected to

11 submit bids. Notice of solicitation of bids shall also be published

12 one time in a newspaper of general circulation in the county.

13 Notices shall be mailed and published at least ten (10) days prior

14 to the date on which the bids are opened. Proof of the mailing or

15 emailing shall be made by the affidavit of the person mailing or

16 emailing the request for bids and shall be made a part of the

17 official records of the county purchasing agent. The notice shall

18 specify whether the county will consider written bids, electronic

19 bids, or both; the decision to exclusively consider either written

20 bids or electronic bids shall be determined pursuant to an

21 affirmative vote of the board of county commissioners. Whenever any

22 prospective supplier or vendor dealing in or listing for sale any

23 particular item or article required to be purchased or acquired by

24 sealed bids fails to enter or offer a sealed bid for three

   Req. No. 11043                                                 Page 4
1 successive bid solicitations, the name of the supplier or vendor may

2 be dropped from the mailing lists of the board of county

3 commissioners;

4   3. The sealed bids received from vendors and the state contract

5 price received from the applicable Division of the Office of

6 Management and Enterprise Services shall be given to the county

7 clerk by the county purchasing agent. The county clerk shall

8 forward the sealed bids and state contract price, if any, to the

9 board of county commissioners;

10  4. The board of county commissioners, in an open meeting, shall

11 open the sealed bids and compare them to the state contract price.

12 The board of county commissioners shall select the lowest and best

13 bid based upon, if applicable, the availability of material and

14 transportation cost to the job site within thirty (30) days of the

15 meeting. For any special item not included on the list of needed or

16 commonly used items, the requisitioning official shall review the

17 bids and submit a written recommendation to the board before final

18 approval. The board of county commissioners shall keep a written

19 record of the meeting as required by law, and any time the lowest

20 bid was not considered to be the lowest and best bid, the reason for

21 such conclusion shall be recorded. Whenever the board of county

22 commissioners rejects the written recommendation of the

23 requisitioning official pertaining to a special item, the reasons

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    Req. No. 11043                                                  Page 5
1 for the rejection shall be entered in their minutes and stated in a

2 letter to the requisitioning official and county purchasing agent;

3   5. The county purchasing agent shall notify the successful

4 bidders and shall maintain a copy of the notification. The county

5 purchasing agent shall prepare and maintain a vendors list

6 specifying the successful bidders and shall notify each county

7 officer of the list. The county purchasing agent may remove any

8 vendor from such list who refuses to provide goods or services as

9 provided by contract if the removal is authorized by the board of

10 county commissioners. The county purchasing agent may make

11 purchases from the successful bidders for a price at or below the

12 bid price. If a vendor who is the low bidder cannot or will not

13 sell goods or services as required by a county bid contract, the

14 county purchasing agent may make a one-time purchase from the next

15 lowest or best quote or take quotations as provided in paragraph 6

16 of this subsection; provided, however, such purchase does not exceed

17 Twenty-five Thousand Dollars ($25,000.00) as the amount specified in

18 subparagraph a of paragraph 3 of subsection A of Section 1501 of

19 this title; and

20  6. When bids have been solicited as provided for by law and no

21 bids have been received, the procedure shall be as follows:

22  a. the county purchasing agent shall determine if

23  potential vendors are willing to commit to a firm

24  price for a reduced period of time, and, if such is

    Req. No. 11043                                                Page 6
1   the case, the bid procedure described in this

2   subsection shall be followed,

3   b. if vendors are not willing to commit to a firm price

4   for a reduced period, the purchasing agent shall

5   solicit and record at least three (3) quotes of

6   current prices available to the county and authorize

7   the purchase of goods or services based on the lowest

8   and best quote as it becomes necessary to acquire such

9   goods or services. The quotes shall be recorded on a

10  form prescribed by the State Auditor and Inspector and

11  shall be attached to the purchase order and filed with

12  the county clerk's copy of the purchase order. Any

13  time the lowest quote was not considered to be the

14  lowest and best quote, the reason for this conclusion

15  shall be recorded by the county purchasing agent and

16  transmitted to the county clerk, or

17  c. if three quotes are not available, a memorandum to the

18  county clerk from the county purchasing agent shall

19  describe the basis upon which a purchase is

20  authorized. The memorandum shall state the reasons

21  why the price for such a purchase is the lowest and

22  best under the circumstances. The county clerk shall

23  then attach the memorandum to the county clerk's copy

24

    Req. No. 11043                                    Page 7
1                 of the purchase order and file both in the office of

2                 the county clerk.

3   C. After selection of a vendor, the procedure for the purchase,

4 lease-purchase, or rental of supplies, materials, road and bridge

5 construction services, equipment and information technology and

6 telecommunication goods and services used by a county shall be as

7 follows:

8   1. The county purchasing agent shall prepare a purchase order

9 in quadruplicate and submit it with a copy of the requisition to the

10 county clerk;

11  2. The county clerk shall then encumber the amount stated on

12 the purchase order and assign a sequential number to the purchase

13 order;

14  3. If there is an unencumbered balance in the appropriation

15 made for that purpose by the county excise board, the county clerk

16 shall so certify in the following form:

17  "I hereby certify that the amount of this encumbrance has been

18 entered against the designated appropriation accounts and that this

19 encumbrance is within the authorized available balance of the

20 appropriation.

21  Dated this ________ day of ________, 20__.

22                ________________________________

23                County Clerk/Deputy

24                of _____________________ County."

    Req. No. 11043                                                 Page 8
1 In instances where it is impossible to ascertain the exact amount of

2 the indebtedness sought to be incurred at the time of recording the

3 encumbrance, an estimated amount may be used. No purchase order

4 shall be valid unless signed by the county purchasing agent and

5 certified by the county clerk; and

6   4. The county clerk shall file the original purchase order and

7 return three (3) copies to the county purchasing agent who shall

8 file a copy, retain a copy for the county road and bridge inventory

9 officer if the purchase order is for the purchase of equipment,

10 supplies, or materials for the construction or maintenance of roads

11 and bridges, and submit the other copy to the receiving officer of

12 the requesting department.

13  D. 1. The procedure for the purchase of supplies, materials,

14 equipment and information technology and telecommunication goods and

15 services at public auction or by sealed bid to be used by a county

16 shall be as follows:

17  a. the county purchasing agent shall prepare a purchase

18  order in quadruplicate and submit it with a copy of

19  the requisition to the county clerk,

20  b. the county clerk shall then encumber the amount stated

21  on the purchase order and assign a sequential number

22  to the purchase order,

23  c. if there is an unencumbered balance in the

24  appropriation made for that purpose by the county

    Req. No. 11043                                                 Page 9
1   excise board, the county clerk shall so certify in the

2   following form:

3   "I hereby certify that the amount of this encumbrance

4   has been entered against the designated appropriation

5   accounts and that this encumbrance is within the

6   authorized available balance of the appropriation.

7   Dated this ________ day of ________, 20__.

8                   ________________________________

9                   County Clerk/Deputy

10                  of _____________________ County."

11  In instances where it is impossible to ascertain the

12  exact amount of the indebtedness sought to be incurred

13  at the time of recording the encumbrance, an estimated

14  amount may be used. No purchase order shall be valid

15  unless signed by the county purchasing agent and

16  certified by the county clerk, and

17  d. the county clerk shall file the original purchase

18  order and return three (3) copies to the county

19  purchasing agent who shall file a copy, retain a copy

20  for the county road and bridge inventory officer if

21  the purchase order is for the purchase of equipment,

22  supplies, or materials for the construction or

23  maintenance of roads and bridges, and submit the other

24

    Req. No. 11043                                     Page 10
1   copy to the receiving officer of the requesting

2   department.

3   2. The procedure for the purchase of supplies, materials, and

4 equipment at a public auction when the purchase will be made with

5 the proceeds from the sale of county property at the same public

6 auction are as follows:

7   a. the purchasing agent shall cause such items being sold

8   to be appraised in the manner determined in Section

9   421.1 of this title,

10  b. the county purchasing agent shall prepare a purchase

11  order in quadruplicate and submit it with a copy of

12  the requisition to the county clerk,

13  c. the county clerk shall then encumber the amount of the

14  appraised value and any additional funds obligated by

15  the county on the purchase order and assign a

16  sequential number to the purchase order,

17  d. the county clerk shall certify that the amount of the

18  encumbrance is equal to the appraised value of the

19  item being sold plus any additional funds obligated by

20  the county. In effect the recording of the

21  encumbrance is an estimate that is authorized by law.

22  No purchase order shall be valid unless signed by the

23  county purchasing agent and certified by the county

24  clerk,

    Req. No. 11043                                   Page 11
1   e. the county clerk shall file the original purchase

2   order and return three (3) copies to the county

3   purchasing agent who shall file a copy, retain a copy

4   for the county road and bridge inventory officer if

5   the purchase order is for the purchase of equipment,

6   supplies or materials for the construction or

7   maintenance of roads and bridges, and submit the other

8   copy to the receiving officer of the requesting

9   department, and

10  f. a purchase shall not be bid until such time that the

11  appraised item or items are sold. Any item or items

12  purchased shall not exceed the appraised value plus

13  any additional funds obligated by the county or the

14  actual selling price of the item or items, whichever

15  is the lesser amount.

16  E. The procedure for the receipt of items shall be as follows:

17  1. A receiving officer for the requesting department shall be

18 responsible for receiving all items delivered to that department;

19  2. Upon the delivery of an item, the receiving officer shall

20 determine if a purchase order exists for the item being delivered;

21  3. If no such purchase order has been provided, the receiving

22 officer shall refuse delivery of the item;

23  4. If a purchase order is on file, the receiving officer shall

24 obtain a delivery ticket, bill of lading, or other delivery document

    Req. No. 11043                                   Page 12
1 and compare it with the purchase order. If any item is back-

2 ordered, the back order and estimated date of delivery shall be

3 noted in the receiving report;

4   5. The receiving officer shall complete a receiving report in

5 quadruplicate which shall state the quantity and quality of goods

6 delivered. The receiving report form shall be prescribed by the

7 State Auditor and Inspector. The person delivering the goods shall

8 acknowledge the delivery by signature, noting the date and time;

9   6. The receiving officer shall file the original receiving

10 report and submit:

11  a. a copy of the purchase order and a copy of the

12  receiving report to the county purchasing agent, and

13  b. a copy of the receiving report with the delivery

14  documentation to the county clerk;

15  7. The county purchasing agent shall file a copy of the

16 purchase order and a copy of the receiving report;

17  8. Upon receipt of the original receiving report and the

18 delivery documentation, the county clerk shall maintain a file until

19 such time as an invoice is received from the vendor;

20  9. The invoice shall state the name and address of the vendor

21 and must be sufficiently itemized to clearly describe each item

22 purchased, the unit price when applicable, the number or volume of

23 each item purchased, the total price, the total purchase price, and

24 the date of the purchase;

    Req. No. 11043                                              Page 13
1   10. Upon receipt of an invoice, the county clerk shall compare

2 the following documents:

3           a. requisition,

4           b. purchase order,

5           c. invoice with noncollusion affidavit as required by

6           law,

7           d. receiving report, and

8           e. delivery document.

9 The documents shall be available for public inspection during

10 regular business hours; and

11  11. If the documents conform as to the quantity and quality of

12 the items, the county clerk shall prepare a warrant for payment

13 according to procedures provided for by law.

14  F. The following procedures are for the processing of purchase

15 orders:

16  1. The purchasing agent shall be allowed up to three (3) days

17 to process purchase orders to be presented to the board of county

18 commissioners for consideration and payment. Nothing herein shall

19 prevent the purchasing agent from processing or the board of county

20 commissioners from consideration and payment of utilities, travel

21 claims, and payroll claims;

22  2. The board of county commissioners shall consider the

23 purchase orders so presented and act upon the purchase orders, by

24 allowing in full or in part or by holding for further information or

    Req. No. 11043                                               Page 14
1 disallowing the same. The disposition of purchase orders shall be

2 indicated by the board of county commissioners, showing the amounts

3 allowed or disallowed and shall be signed by at least two (2)

4 members of the board of county commissioners. Any claim held over

5 for further information shall be acted upon by allowing or

6 disallowing same at any future meeting of the board held within

7 seventy-five (75) days from the date of filing of the purchase

8 order. Any purchase order not acted upon within the seventy-five

9 (75) days from the date of filing shall be deemed to have been

10 disallowed, but such disallowance shall not prevent the refiling of

11 the purchase order at the proper time; and

12  3. Whenever any allowance, either in whole or in part, is made

13 upon any purchase order presented to the board of county

14 commissioners and is accepted by the person making the claim, such

15 allowance shall be a full settlement of the entire purchase order

16 and provided that the cashing of warrant shall be considered as

17 acceptance by the claimant.

18  G. The procedure upon consumption or disposal of supplies,

19 materials, or equipment shall be as follows:

20  1. For consumable road or bridge items or materials, a

21 quarterly report of the road and bridge projects completed during

22 such period shall be prepared and kept on file by the consuming

23 department. The quarterly report may be prepared and kept

24 electronically by the consuming department. The report shall

    Req. No. 11043                                                Page 15
1 contain a record of the date, the place, and the purpose for the use

2 of the road or bridge items or materials. For purposes of

3 identifying county bridges, the board of county commissioners shall

4 number each bridge subject to its jurisdiction; and

5   2. For disposal of all equipment and information technology and

6 telecommunication goods which originally cost more than Five Hundred

7 Dollars ($500.00), resolution of disposal shall be submitted by the

8 officer on a form prescribed by the State Auditor and Inspector's

9 Office to the board of county commissioners. The approval of the

10 resolution of disposal shall be entered into the minutes of the

11 board.

12  H. Inventory forms and reports shall be retained for not less

13 than two (2) years after all audit requirements for the state and

14 federal government have been fulfilled and after any pending

15 litigation involving the forms and reports has been resolved.

16  I. The procedures provided for in this section shall not apply

17 when a county officer certifies that an emergency exists requiring

18 an immediate expenditure of funds. Such an expenditure of funds

19 shall not exceed Five Thousand Dollars ($5,000.00). The county

20 officer shall give the county purchasing agent a written explanation

21 of the emergency. The county purchasing agent shall attach the

22 written explanation to the purchase order. The purchases shall be

23 paid by attaching a properly itemized invoice, as described in this

24 section, to a purchase order which has been prepared by the county

    Req. No. 11043                                                Page 16
1 purchasing agent and submitting them to the county clerk for filing,

2 encumbering, and consideration for payment by the board of county

3 commissioners.

4   J. The county purchasing agent may authorize county purchasing

5 officers to make acquisitions through the state purchase card

6 program as authorized by the State Purchasing Director in accordance

7 with Section 85.5 of Title 74 of the Oklahoma Statutes and defined

8 in Section 85.2 of Title 74 of the Oklahoma Statutes. Purchase

9 cardholders shall sign a purchase card agreement prior to becoming a

10 cardholder and attend purchase card procedure training as required

11 by the State Purchasing Director. Complete descriptions of

12 purchases made by county government entities shall be published

13 through the state transparency portal pursuant to Section 85.33B of

14 Title 74 of the Oklahoma Statutes, and as warrants required to be

15 published pursuant to Sections 444 and 445 of this title.

16  K. Nothing in this section shall prohibit counties from

17 providing material and/or services bids on the twelve-month bid list

18 to all road and bridge projects and contracts. All non-road and

19 bridge related construction contracts shall refer to subsection A of

20 Section 103 of Title 61 of the Oklahoma Statutes.

21  L. Nothing in this section or under Section 103 of Title 61 of

22 the Oklahoma Statutes shall prohibit counties from requesting and

23 entering into interlocal agreements pursuant to the Interlocal

24 Cooperation Act for services offered by Circuit Engineering

    Req. No. 11043                                                 Page 17
1 Districts created under Section 687.1 of Title 69 of the Oklahoma

2 Statutes.

3   SECTION 2. This act shall become effective November 1, 2025.

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5   60-1-11043      MJ  12/11/24

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    Req. No. 11043                Page 18