Bill Text For HB1347 - Enrolled

  |ENROLLED HOUSE                                                         |
  |BILL NO. 1347                        By:     Cooksey of the House      |
  |                                                                       |
  |                                               and                     |
  |                                                                       |
  |                                        Jolley of the Senate           |
  |                                                                       |
  |                                                                       |
  |                                                                       |
  |                                                                       |
  |                                                                       |
  |                                                                       |
  |       An Act relating to counties and county officers;                |
  |       amending 19 O.S. 2001, Section 1505, as last amended            |
  |       by Section 5, Chapter 132, O.S.L. 2007 (19 O.S. Supp.           |
  |       2008, Section 1505), which relates to procedures to             |
  |       purchase equipment for county government; increasing            |
  |       value amount for equipment required to be disposed of           |
  |       pursuant to disposal procedure; amending 19 O.S.                |
  |       2001, Section 421, which relates to entry on minutes            |
  |       when equipment is disposed; increasing value amount             |
  |       for equipment required for entry on minutes; amending           |
  |       19 O.S. 2001, Section 421.1, as last amended by                 |
  |       Section 1, Chapter 294, O.S.L. 2008 (19 O.S. Supp.              |
  |       2008, Section 421.1), which relates to the ability of           |
  |       county to trade in equipment and establishes the                |
  |       procedure for the sale of equipment; increasing value           |
  |       amount for equipment available for trade-in and                 |
  |       increasing value amount of equipment subject to                 |
  |       procedure for sale; and providing an effective date.            |
  |                                                                       |
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  |                                                                       |
  |                                                                       |
  |BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
  |                                                                       |
  |    SECTION 1.     AMENDATORY     19 O.S. 2001, Section 1505, as       |
  |last amended by Section 5, Chapter 132, O.S.L. 2007 (19 O.S. Supp.     |
  |2008, Section 1505), is amended to read as follows:                    |
  |                                                                       |
  |    Section 1505.  The following procedures shall be used by           |
  |counties for the requisition, purchase, lease-purchase, rental, and    |
  |receipt of supplies, materials, and equipment for the maintenance,     |
  |operation, and capital expenditures of county government unless        |
  |otherwise provided for by law.                                         |
  |    A.  The procedure for requisitioning items for county offices      |
  |shall be as follows:                                                   |
  |                                                                       |
arsid15093577 ENR. H. B. NO. 1347                                  Page 1
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  |    1.  The requesting department shall prepare a requisition form     |
  |in triplicate.  The requisition shall contain any specifications for   |
  |an item as deemed necessary by the requesting department.  The form    |
  |shall be prescribed by the State Auditor and Inspector;                |
  |                                                                       |
  |    2.  The requesting department shall retain a copy of the           |
  |requisition and forward the original requisition and a copy to the     |
  |county purchasing agent; and                                           |
  |                                                                       |
  |    3.  Upon receipt of the requisition, the county purchasing         |
  |agent, within two (2) working days, shall begin the bidding and        |
  |purchasing process as provided for in this section.  Nothing in this   |
  |section shall prohibit the transfer of supplies, materials, or         |
  |equipment between county departments upon a written agreement          |
  |between county officers.                                               |
  |                                                                       |
  |    B.  The bid procedure for selecting a vendor for the purchase,     |
  |lease-purchase, or rental of supplies, materials, and equipment used   |
  |by a county shall be as follows:                                       |
  |                                                                       |
  |    1.  The county purchasing agent shall request written              |
  |recommendations from all county officers pertaining to commonly used   |
  |supplies, materials, and equipment.  From such recommendations and     |
  |available requisition, purchase, or inventory records, the county      |
  |purchasing agent shall prepare a list of items commonly used by        |
  |county officers.  The county purchasing agent shall request from the   |
  |Purchasing Division of the Department of Central Services all          |
  |contracts quoting the price the state is paying for the items.  The    |
  |county purchasing agent shall either request the Purchasing Division   |
  |of the Department of Central Services to make the purchase for the     |
  |county or solicit bids for unit prices on the items for periods of     |
  |not to exceed twelve (12) months in the manner described in            |
  |paragraph 2 of this subsection.  If the county purchasing agent        |
  |receives a requisition for an item for which the county purchasing     |
  |agent does not have a current bid, the county purchasing agent shall   |
  |request from the Purchasing Division of the Department of Central      |
  |Services all contracts quoting the price the state is paying for the   |
  |item.  The county purchasing agent shall either request the            |
  |Purchasing Division of the Department of Central Services to make      |
  |the purchase for the county or solicit bids in the manner described    |
  |in paragraph 2 of this subsection.  Nothing in this paragraph shall    |
  |prohibit bids from being taken on an item currently on a               |
  |twelve-month bid list, at any time deemed necessary by the county      |
  |purchasing agent.  Whenever the county purchasing agent deems it       |
  |necessary to take a bid on an item currently on a twelve-month bid     |
  |list, the reason for the bid shall be entered into the minutes of      |
  |the board of county commissioners;                                     |
  |                                                                       |
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  |    2.  Bids shall be solicited by mailing a notice to all persons     |
  |or firms who have made a written request of the county purchasing      |
  |agent that they be notified of such bid solicitation and to all        |
  |other persons or firms who might reasonably be expected to submit      |
  |bids.  Notice of solicitation of bids shall also be published one      |
  |time in a newspaper of general circulation in the county.  Notices     |
  |shall be mailed and published at least ten (10) days prior to the      |
  |date on which the bids are opened.  Proof of the mailing shall be      |
  |made by the affidavit of the person mailing the request for bids and   |
  |shall be made a part of the official records of the county             |
  |purchasing agent.  Whenever any prospective supplier or vendor         |
  |dealing in or listing for sale any particular item or article          |
  |required to be purchased or acquired by sealed bids fails to enter     |
  |or offer a sealed bid for three successive bid solicitations, the      |
  |name of the supplier or vendor may be dropped from the mailing lists   |
  |of the board of county commissioners;                                  |
  |                                                                       |
  |    3.  The sealed bids received from vendors and the state contract   |
  |price received from the Purchasing Division of the Department of       |
  |Central Services shall be given to the county clerk by the county      |
  |purchasing agent.  The county clerk shall forward the sealed bids      |
  |and state contract price, if any, to the board of county               |
  |commissioners;                                                         |
  |                                                                       |
  |    4.  The board of county commissioners, in an open meeting, shall   |
  |open the sealed bids and compare them to the state contract price.     |
  |The board of county commissioners shall select the lowest and best     |
  |bid based upon the availability of material and transportation cost    |
  |to the job site within thirty (30) days of the meeting.  For any       |
  |special item not included on the list of commonly used items, the      |
  |requisitioning official shall review the bids and submit a written     |
  |recommendation to the board before final approval.  The board of       |
  |county commissioners shall keep a written record of the meeting as     |
  |required by law, and any time the lowest bid was not considered to     |
  |be the lowest and best bid, the reason for such conclusion shall be    |
  |recorded.  Whenever the board of county commissioners rejects the      |
  |written recommendation of the requisitioning official pertaining to    |
  |a special item, the reasons for the rejection shall be entered in      |
  |their minutes and stated in a letter to the requisitioning official    |
  |and county purchasing agent;                                           |
  |                                                                       |
  |    5.  The county purchasing agent shall notify the successful        |
  |bidders and shall maintain a copy of the notification.  The county     |
  |purchasing agent shall prepare and maintain a vendors list             |
  |specifying the successful bidders and shall notify each county         |
  |officer of the list.  The county purchasing agent may remove any       |
  |vendor from such list who refuses to provide goods or services as      |
  |provided by contract if the removal is authorized by the board of      |
arsid15093577 ENR. H. B. NO. 1347                                  Page 3
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  |county commissioners.  The county purchasing agent may make            |
  |purchases from the successful bidders for a price at or below the      |
  |bid price.  If a vendor who is the low bidder cannot or will not       |
  |sell goods or services as required by a county bid contract, the       |
  |county purchasing agent may purchase from the next low bidder or       |
  |take quotations as provided in paragraph 6 of this subsection,         |
  |provided, however, such purchase does not exceed Five Thousand         |
  |Dollars ($5,000.00); and                                               |
  |                                                                       |
  |    6.  When bids have been solicited as provided for by law and no    |
  |bids have been received, the procedure shall be as follows:            |
  |                                                                       |
  |         a.   the county purchasing agent shall determine if           |
  |              potential vendors are willing to commit to a firm        |
  |              price for a reduced period of time, and, if such is      |
  |              the case, the bid procedure described in this            |
  |              subsection shall be followed, or                         |
  |                                                                       |
  |         b.   if vendors are not willing to commit to a firm price     |
  |              for a reduced period, the purchasing agent shall         |
  |              solicit and record at least three quotes of current      |
  |              prices available to the county and authorize the         |
  |              purchase of goods based on the lowest and best quote     |
  |              as it becomes necessary to acquire such goods.  The      |
  |              quotes shall be recorded on a form prescribed by the     |
  |              State Auditor and Inspector and shall be attached to     |
  |              the purchase order and filed with the county clerk's     |
  |              copy of the purchase order.  Any time the lowest quote   |
  |              was not considered to be the lowest and best quote,      |
  |              the reason for this conclusion shall be recorded by      |
  |              the county purchasing agent and transmitted to the       |
  |              county clerk, or                                         |
  |                                                                       |
  |         c.   if three quotes are not available, a memorandum to the   |
  |              county clerk from the county purchasing agent shall      |
  |              describe the basis upon which a purchase is              |
  |              authorized.  The memorandum shall state the reasons      |
  |              why the price for such a purchase is the lowest and      |
  |              best under the circumstances.  The county clerk shall    |
  |              then attach the memorandum to the county clerk's copy    |
  |              of the purchase order and file both in the office of     |
  |              the county clerk.                                        |
  |                                                                       |
  |    C.  After selection of a vendor, the procedure for the purchase,   |
  |lease-purchase, or rental of supplies, materials, and equipment used   |
  |by a county shall be as follows:                                       |
  |                                                                       |
  |                                                                       |
arsid15093577 ENR. H. B. NO. 1347                                  Page 4
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  |    1.  The county purchasing agent shall prepare a purchase order     |
  |in quadruplicate and submit it with a copy of the requisition to the   |
  |county clerk;                                                          |
  |                                                                       |
  |    2.  The county clerk shall then encumber the amount stated on      |
  |the purchase order and assign a sequential number to the purchase      |
  |order;                                                                 |
  |                                                                       |
  |    3.  If there is an unencumbered balance in the appropriation       |
  |made for that purpose by the county excise board, the county clerk     |
  |shall so certify in the following form:                                |
  |                                                                       |
  |    I hereby certify that the amount of this encumbrance has been      |
  |entered against the designated appropriation accounts and that this    |
  |encumbrance is within the authorized available balance of said         |
  |appropriation.                                                         |
  |                                                                       |
  |    Dated this ________ day of ________, 20__.                         |
  |                                                                       |
  |              ________________________________                         |
  |                                                                       |
  |              County Clerk/Deputy                                      |
  |                                                                       |
  |              of _____________________ County.                         |
  |                                                                       |
  |In instances where it is impossible to ascertain the exact amount of   |
  |the indebtedness sought to be incurred at the time of recording the    |
  |encumbrance, an estimated amount may be used.  No purchase order       |
  |shall be valid unless signed by the county purchasing agent and        |
  |certified by the county clerk; and                                     |
  |                                                                       |
  |    4.  The county clerk shall file a copy of the purchase order and   |
  |return the original purchase order and two copies to the county        |
  |purchasing agent who shall file a copy, retain the other copy for      |
  |the county road and bridge inventory officer if the purchase order     |
  |is for the purchase of equipment, supplies, or materials for the       |
  |construction or maintenance of roads and bridges, and submit the       |
  |original purchase order to the receiving officer of the requesting     |
  |department.                                                            |
  |                                                                       |
  |    D.  1.  The procedure for the purchase of supplies, materials,     |
  |and equipment at public auction or by sealed bid to be used by a       |
  |county shall be as follows:                                            |
  |                                                                       |
  |         a.   the county purchasing agent shall prepare a purchase     |
  |              order in quadruplicate and submit it with a copy of      |
  |              the requisition to the county clerk,                     |
  |                                                                       |
arsid15093577 ENR. H. B. NO. 1347                                  Page 5
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  |         b.   the county clerk shall then encumber the amount stated   |
  |              on the purchase order and assign a sequential number     |
  |              to the purchase order,                                   |
  |                                                                       |
  |         c.   if there is an unencumbered balance in the               |
  |              appropriation made for that purpose by the county        |
  |              excise board, the county clerk shall so certify in the   |
  |              following form:                                          |
  |                                                                       |
  |              I hereby certify that the amount of this encumbrance     |
  |              has been entered against the designated appropriation    |
  |              accounts and that this encumbrance is within the         |
  |              authorized available balance of said appropriation.      |
  |                                                                       |
  |              Dated this ________ day of ________, 20__.               |
  |                                                                       |
  |                       ________________________________                |
  |                                                                       |
  |                       County Clerk/Deputy                             |
  |                                                                       |
  |                       of _____________________ County.                |
  |                                                                       |
  |              In instances where it is impossible to ascertain the     |
  |              exact amount of the indebtedness sought to be incurred   |
  |              at the time of recording the encumbrance, an estimated   |
  |              amount may be used.  No purchase order shall be valid    |
  |              unless signed by the county purchasing agent and         |
  |              certified by the county clerk, and                       |
  |                                                                       |
  |         d.   the county clerk shall file a copy of the purchase       |
  |              order and return the original purchase order and two     |
  |              copies to the county purchasing agent who shall file a   |
  |              copy, retain the other copy for the county road and      |
  |              bridge inventory officer if the purchase order is for    |
  |              the purchase of equipment, supplies, or materials for    |
  |              the construction or maintenance of roads and bridges,    |
  |              and submit the original purchase order to the            |
  |              receiving officer of the requesting department.          |
  |                                                                       |
  |    2.  The procedure for the purchase of supplies, materials and      |
  |equipment at a public auction when the purchase will be made with      |
  |the proceeds from the sale of county property at the same public       |
  |auction are as follows:                                                |
  |                                                                       |
  |         a.   the purchasing agent shall cause such items being sold   |
  |              to be appraised in the manner determined in Section      |
  |              421.1 of this title,                                     |
  |                                                                       |
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  |         b.   the county purchasing agent shall prepare a purchase     |
  |              order in quadruplicate and submit it with a copy of      |
  |              the requisition to the county clerk,                     |
  |                                                                       |
  |         c.   the county clerk shall then encumber the amount of the   |
  |              appraised value and any additional funds obligated by    |
  |              the county on the purchase order and assign a            |
  |              sequential number to the purchase order,                 |
  |                                                                       |
  |         d.   the county clerk shall certify that the amount of the    |
  |              encumbrance is equal to the appraised value of the       |
  |              item being sold plus any additional funds obligated by   |
  |              the county.  In effect the recording of the              |
  |              encumbrance is an estimate that is authorized by law.    |
  |              No purchase order shall be valid unless signed by the    |
  |              county purchasing agent and certified by the county      |
  |              clerk,                                                   |
  |                                                                       |
  |         e.   the county clerk shall file a copy of the purchase       |
  |              order and return the original purchase order and two     |
  |              copies to the county purchasing agent who shall file a   |
  |              copy, retain a copy for the county road and bridge       |
  |              inventory officer if the purchase order is for the       |
  |              purchase of equipment, supplies or materials for the     |
  |              construction or maintenance of roads and bridges, and    |
  |              submit the original purchase order to the receiving      |
  |              officer of the requesting department, and                |
  |                                                                       |
  |         f.   a purchase shall not be bid until such time that the     |
  |              appraised item or items are sold.  Any item or items     |
  |              purchased shall not exceed the appraised value plus      |
  |              any additional funds obligated by the county or the      |
  |              actual selling price of the item or items, whichever     |
  |              is the lesser amount.                                    |
  |                                                                       |
  |    E.  The procedure for the receipt of items shall be as follows:    |
  |                                                                       |
  |    1.  A receiving officer for the requesting department shall be     |
  |responsible for receiving all items delivered to that department;      |
  |                                                                       |
  |    2.  Upon the delivery of an item, the receiving officer shall      |
  |determine if a purchase order exists for the item being delivered;     |
  |                                                                       |
  |    3.  If no such purchase order has been provided, the receiving     |
  |officer shall refuse delivery of the item;                             |
  |                                                                       |
  |    4.  If a purchase order is on file, the receiving officer shall    |
  |obtain a delivery ticket, bill of lading, or other delivery document   |
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  |and compare it with the purchase order.  If any item is back           |
  |ordered, the back order and estimated date of delivery shall be        |
  |noted in the receiving report;                                         |
  |                                                                       |
  |    5.  The receiving officer shall complete a receiving report in     |
  |quadruplicate which shall state the quantity and quality of goods      |
  |delivered.  The receiving report form shall be prescribed by the       |
  |State Auditor and Inspector.  The person delivering the goods shall    |
  |acknowledge the delivery by signature, noting the date and time;       |
  |                                                                       |
  |    6.  The receiving officer shall file the original receiving        |
  |report and submit:                                                     |
  |                                                                       |
  |         a.   the original purchase order and a copy of the            |
  |              receiving report to the county purchasing agent, and     |
  |                                                                       |
  |         b.   a copy of the receiving report with the delivery         |
  |              documentation to the county clerk;                       |
  |                                                                       |
  |    7.  The county purchasing agent shall file the original purchase   |
  |order and a copy of the receiving report;                              |
  |                                                                       |
  |    8.  Upon receipt of the original receiving report and the          |
  |delivery documentation, the county clerk shall maintain a file until   |
  |such time as an invoice is received from the vendor;                   |
  |                                                                       |
  |    9.  The invoice shall state the name and address of the vendor     |
  |and must be sufficiently itemized to clearly describe each item        |
  |purchased, the unit price when applicable, the number or volume of     |
  |each item purchased, the total price, the total purchase price, and    |
  |the date of the purchase;                                              |
  |                                                                       |
  |    10.  Upon receipt of an invoice, the county clerk shall compare    |
  |the following documents:                                               |
  |                                                                       |
  |         a.   requisition,                                             |
  |                                                                       |
  |         b.   purchase order,                                          |
  |                                                                       |
  |         c.   invoice with noncollusion affidavit as required by       |
  |              law,                                                     |
  |                                                                       |
  |         d.   receiving report, and                                    |
  |                                                                       |
  |         e.   delivery document.                                       |
  |                                                                       |
  |The documents shall be available for public inspection during          |
  |regular business hours; and                                            |
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  |                                                                       |
  |    11.  If the documents conform as to the quantity and quality of    |
  |the items, the county clerk shall prepare a warrant for payment        |
  |according to procedures provided for by law.                           |
  |                                                                       |
  |    F.  The following procedures are for the processing of purchase    |
  |orders:                                                                |
  |                                                                       |
  |    1.  Purchase orders may be allowed and paid at the first meeting   |
  |of the board of county commissioners five (5) days after               |
  |presentation for payment, provided that purchase orders for the        |
  |salaries of the county officers and their full-time assistants,        |
  |deputies and employees may be allowed and paid immediately after       |
  |filing;                                                                |
  |                                                                       |
  |    2.  The board of county commissioners shall consider the           |
  |purchase orders so presented and act upon the purchase orders, by      |
  |allowing in full or in part or by holding for further information or   |
  |disallowing the same.  The disposition of purchase orders shall be     |
  |indicated by the board of county commissioners, showing the amounts    |
  |allowed or disallowed and shall be signed by at least two members of   |
  |the board of county commissioners.  Any claim held over for further    |
  |information shall be acted upon by allowing or disallowing same at     |
  |any future meeting of the board held within seventy-five (75) days     |
  |from the date of filing of the purchase order.  Any purchase order     |
  |not acted upon within the seventy-five (75) days from the date of      |
  |filing shall be deemed to have been disallowed, but such               |
  |disallowance shall not prevent the refiling of the purchase order at   |
  |the proper time; and                                                   |
  |                                                                       |
  |    3.  Whenever any allowance, either in whole or in part, is made    |
  |upon any purchase order presented to the board of county               |
  |commissioners and is accepted by the person making the claim, such     |
  |allowance shall be a full settlement of the entire purchase order      |
  |and provided that the cashing of warrant shall be considered as        |
  |acceptance by the claimant.                                            |
  |                                                                       |
  |    G.  The procedure upon consumption or disposal of supplies,        |
  |materials, or equipment shall be as follows:                           |
  |                                                                       |
  |    1.  For consumable road or bridge items or materials, a monthly    |
  |report of the road and bridge projects completed during such period    |
  |shall be prepared and kept on file by the consuming department.  The   |
  |report shall contain a record of the date, the place, and the          |
  |purpose for the use of the road or bridge items or materials.  For     |
  |purposes of identifying county bridges, the board of county            |
  |commissioners shall number each bridge subject to its jurisdiction;    |
  |and                                                                    |
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  |                                                                       |
  |    2.  For disposal of all equipment which originally cost more       |
  |than Two Hundred Fifty Dollars ($250.00) Five Hundred Dollars          |
  |($500.00), resolution of disposal shall be submitted by the officer    |
  |on a form prescribed by the State Auditor and Inspector's Office to    |
  |the board of county commissioners.  The approval of the resolution     |
  |of disposal shall be entered into the minutes of the board.            |
  |                                                                       |
  |    H.  Inventory forms and reports shall be retained for not less     |
  |than two (2) years after all audit requirements for the state and      |
  |federal government have been fulfilled and after any pending           |
  |litigation involving the forms and reports has been resolved.          |
  |                                                                       |
  |    I.  The procedures provided for in this section shall not apply    |
  |when a county officer certifies that an emergency exists requiring     |
  |an immediate expenditure of funds.  Such an expenditure of funds       |
  |shall not exceed Five Thousand Dollars ($5,000.00).  The county        |
  |officer shall give the county purchasing agent a written explanation   |
  |of the emergency.  The county purchasing agent shall attach the        |
  |written explanation to the purchase order.  The purchases shall be     |
  |paid by attaching a properly itemized invoice, as described in this    |
  |section, to a purchase order which has been prepared by the county     |
  |purchasing agent and submitting them to the county clerk for filing,   |
  |encumbering, and consideration for payment by the board of county      |
  |commissioners.                                                         |
  |                                                                       |
  |    SECTION 2.     AMENDATORY     19 O.S. 2001, Section 421, is        |
  |amended to read as follows:                                            |
  |                                                                       |
  |    Section 421.  From and after the effective date of this act,       |
  |each board of county commissioners of the several counties in the      |
  |state shall within thirty (30) days after the disposition of any       |
  |tools, apparatus, machinery, and equipment belonging to the county     |
  |or leased or otherwise let to it or any department thereof, the        |
  |original cost of which is more than Two Hundred Fifty Dollars          |
  |($250.00) Five Hundred Dollars ($500.00), whether sold, exchanged,     |
  |junked, leased or let where authorized by statute, shall enter, or     |
  |cause to be entered, in the minutes of the proceedings of the board    |
  |the fact of such disposition, including complete description of        |
  |item, serial number, the date property was acquired, the name and      |
  |address of the person or firm from whom property was acquired, the     |
  |cost price at time of acquisition or contract price if acquired        |
  |under lease-rental agreement, the date of disposition, the name and    |
  |address of the person or firm to whom property transferred, the        |
  |price received therefor and the reason for disposition.                |
  |                                                                       |
  |                                                                       |
  |                                                                       |
arsid15093577 ENR. H. B. NO. 1347                                  Page 10
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  |    SECTION 3.     AMENDATORY     19 O.S. 2001, Section 421.1, as      |
  |last amended by Section 1, Chapter 294, O.S.L. 2008 (19 O.S. Supp.     |
  |2008, Section 421.1), is amended to read as follows:                   |
  |                                                                       |
  |    Section 421.1  A.  The board of county commissioners is hereby     |
  |authorized to use any tools, apparatus, machinery or equipment         |
  |belonging to the county, the original cost of which exceeded Two       |
  |Hundred Fifty Dollars ($250.00) Five Hundred Dollars ($500.00), as a   |
  |trade-in on a cash purchase or lease purchase of any other tools,      |
  |apparatus, machinery or equipment.                                     |
  |                                                                       |
  |    B.  To establish an appraised value for an item to be sold at      |
  |public auction, the purchasing agent may refer to an                   |
  |industry-recognized appraisal manual for used construction equipment   |
  |to estimate the value of the item being sold, or obtain appraisal      |
  |quotes from at least two vendors in the business of selling items      |
  |like the one being sold.                                               |
  |                                                                       |
  |    C.  Except when such items are disposed of pursuant to             |
  |subsection F of this section, the following procedures shall be used   |
  |for the sale, by the board of county commissioners, of any tools,      |
  |apparatus, machinery or equipment, the original cost of which          |
  |exceeded Two Hundred Fifty Dollars ($250.00) Five Hundred Dollars      |
  |($500.00), belonging to the county:                                    |
  |                                                                       |
  |    1.  The board of county commissioners shall give notice of such    |
  |sale by publication in a newspaper of general paid circulation in      |
  |the county for two (2) successive weekly issues;                       |
  |                                                                       |
  |    2.  Bids for such tools, apparatus, machinery or equipment on      |
  |sale shall be in writing, sealed and delivered to the county clerk     |
  |of such county;                                                        |
  |                                                                       |
  |    3.  At the next regular meeting of the board of county             |
  |commissioners after the expiration of fifteen (15) days from the       |
  |date of first publication of notice of the sale, the board of county   |
  |commissioners shall open such bids and award such tools, apparatus,    |
  |machinery or equipment to the highest and best bidder with the         |
  |option of rejecting all bids; and                                      |
  |                                                                       |
  |    4.  The board of county commissioners may hold a public auction    |
  |in lieu of advertising for sealed bids as provided above.  Such        |
  |auction shall be advertised as provided herein.                        |
  |                                                                       |
  |    D.  A board of county commissioners may sell any materials,        |
  |tools, apparatus, machinery or equipment to a state agency, if the     |
  |agency is subject to The Oklahoma Central Purchasing Act, or to a      |
  |political subdivision of the state if the political subdivision is     |
arsid15093577 ENR. H. B. NO. 1347                                  Page 11
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  |subject to such act or a similar competitive bidding procedure.  The   |
  |board of county commissioners may purchase materials, tools,           |
  |apparatus, machinery or equipment from a state agency, if the agency   |
  |is subject to The Oklahoma Central Purchasing Act, or from a           |
  |political subdivision of the state if the political subdivision is     |
  |subject to such act or a similar competitive bidding procedure.        |
  |                                                                       |
  |    E.  The board of county commissioners may, by resolution, enter    |
  |into an agreement with any other county or political subdivision for   |
  |the purpose of selling, transferring, trading or otherwise disposing   |
  |of equipment or materials.                                             |
  |                                                                       |
  |    F.  Advertisement of surplus property consigned to sell at a       |
  |Circuit Engineering District auction shall be provided by the          |
  |auction company under contract to conduct the sale.  Advertising       |
  |shall be provided to attract the most potential buyers.  Advertising   |
  |media may include, but not be limited to, sale flyers, newspapers,     |
  |radio, television, and Internet postings.                              |
  |                                                                       |
  |    G.  Pursuant to the authority of Section 1 of this title, boards   |
  |of county commissioners shall have authority, under such statute and   |
  |in consideration of the procedures in this section to sell real        |
  |property belonging to the county without declaring such property       |
  |surplus under the following conditions:                                |
  |                                                                       |
  |    1.  A certified appraisal of the county property shall be          |
  |performed to determine the market value of the property and accepted   |
  |by the board of county commissioners;                                  |
  |                                                                       |
  |    2.  After acceptance of the certified appraisal, the board of      |
  |county commissioners shall, pursuant to the requirements of this       |
  |section, give notice of such sale by publication in a newspaper of     |
  |general paid circulation in the county for two successive weekly       |
  |issues;                                                                |
  |                                                                       |
  |    3.  Bids for the real property shall be in writing, sealed and     |
  |delivered to the county clerk of such county;                          |
  |                                                                       |
  |    4.  At the next regular meeting of the board of county             |
  |commissioners after the expiration of fifteen (15) days from the       |
  |date of first publication of notice of sale, the board of county       |
  |commissioners shall open such bids;                                    |
  |                                                                       |
  |    5.  A successful bid must be no less than the market value of      |
  |the real property to be considered by the board of county              |
  |commissioners for acceptance.  The board of county commissioners       |
  |reserves the right to reject any and all bids;                         |
  |                                                                       |
arsid15093577 ENR. H. B. NO. 1347                                  Page 12
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  |    6.  If more than one bid is above the market value of the real     |
  |property, the board of county commissioners shall have the right to    |
  |compel the potential buyers of the real property who have bid above    |
  |the market amount to enter into public auction conducted by the        |
  |chairman of the board of county commissioners after the opening of     |
  |such bids, to establish the highest bid for the property in order to   |
  |assure that the county is receiving adequate consideration for the     |
  |property;                                                              |
  |                                                                       |
  |    7.  A majority vote of the board of county commissioners shall     |
  |be required to determine the successful bidder of the real property.   |
  |Upon awarding the bid, either through sealed bid or by conducting a    |
  |public auction of those bidders who bid more than the market value     |
  |of the real property, the board of county commissioners shall have     |
  |the right to pledge the occupied property, using an irrevocable bond   |
  |or letter of credit, as provided for in paragraph 10 of this           |
  |subsection, as collateral in order to finance bonds to purchase        |
  |other real property or build a replacement building, or both;          |
  |                                                                       |
  |    8.  If the sale price is less than the estimated cost of new       |
  |land purchase or construction, then said sales contract shall be       |
  |contingent upon the public approval of bond funding or other           |
  |authorized funding to allow the complete payment of the contemplated   |
  |project;                                                               |
  |                                                                       |
  |    9.  The board of county commissioners shall have authority         |
  |pursuant to paragraphs 5 and 6 of Section 1 of this title to make      |
  |any order concerning the sale of such property contingent upon a       |
  |closing date in the future in order to continue to use said real       |
  |property until a replacement building is completed.  Upon completion   |
  |of the replacement building, the board of county commissioners shall   |
  |execute all documents and title transfers pertaining to said real      |
  |property to the successful bidder; and                                 |
  |                                                                       |
  |    10.  The successful bidder shall execute an irrevocable bond or    |
  |letter of credit with a surety company or bank licensed to do          |
  |business in the State of Oklahoma and organized under the corporate    |
  |laws of the State of Oklahoma and registered with the Secretary of     |
  |State of Oklahoma equal to the amount of the purchase price of the     |
  |real property within fifteen (15) days of awarding of the bid.         |
  |Failure to provide either an irrevocable bond or letter of credit in   |
  |favor of the board of county commissioners within said time            |
  |limitation shall act as a rejection and cancellation by the board of   |
  |the award of bid and said board may, at that point, enter into a       |
  |contract with any secondary or subsequent bidder that meets the        |
  |aforementioned qualifications without further notice.                  |
  |                                                                       |
  |    SECTION 4.  This act shall become effective November 1, 2009.      |
arsid15093577 ENR. H. B. NO. 1347                                  Page 13
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  |                                                                       |
  |    Passed the House of Representatives the 10th day of February,      |
  |2009.                                                                  |
  |                                                                       |
  |                                                                       |
  |                                                                       |
  |                                                                       |
  |                                  Presiding Officer of the House of    |
  |                                                    Representatives    |
  |                                                                       |
  |                                                                       |
  |    Passed the Senate the 1st day of April, 2009.                      |
  |                                                                       |
  |                                                                       |
  |                                                                       |
  |                                                                       |
  |                                  Presiding Officer of the Senate      |
  |                                                                       |
  |                                                                       |
  |                                                                       |
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arsid15093577 ENR. H. B. NO. 1347                                  Page 14
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