OKAPP 2013 LEGISLATIVE TRACKING LIST As of May 24, 2013

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1 THIS IS NOT A COMPREHENSIVE LIST OF LEGISLATION. Go to for more information. OKAPP 20 LEGISLATIVE TRACKING LIST PLEASE KEEP IN MIND THAT THE DESCRIPTIONS BELOW ARE NOT ALL INCLUSIVE OF CHANGES IN EACH BILL. YOU SHOULD READ THE ENTIRE BILL TO DETERMINE WHAT MAY AFFECT YOU AND YOUR AGENCY. SB7 (See also HB 1910) SB347 Real Property Fire Extinguishers Modifies procedures for sale of surplus land and buildings. It also adds to the responsibility of the Long Range Capital Planning Commission responsibilities, etc. Transfers licensure of fire extinguishers from Dept. of Health to State Fire Marshal along with all staff, committees, furniture, equipment, etc. Effective Allen (S)/ Ballenger(S)/ Sanders/(H) Governor Signed SB461 Purchasing Cooperatives - Procedures for Receiving Awards of Contract Establishes requirements for awarding construction contracts to any contractor affiliated with a purchasing cooperative and for a purchasing cooperative that wants to bid on public construction projects. Also prohibits purchasing cooperative suppliers from responding to solicitations from the State Purchasing Director or agency unless they have registered and otherwise complied with the Central Purchasing Act. Applies to all political subdivisions of the state, state institutions for Higher Ed. and public schools. Effective Holt (S)/ Brumbaugh (H) Governor Signed SB596 Performance Reporting By October 1 of each year agencies will submit a program management and performance report to the House, Senate and OMES Director to include specific cost avoidance and cost containment measures, methodology for determining fee structure, calculating fees and measuring customer satisfaction, programs or operations not required for the agency's core function, and details showing the actual cost of any programs or operations. Reports to be posted on OMES website. Effective Holt (S)/ Governor Signed 5-7- SB630 Sole Source Contracts Allows for substitutions or "like" items for sole source and sole brand bids. Prohibits a sole source bid from limiting materials being supplied from a vendor in a certain geographical area. Effective upon approval by the Governor. Jolley (S)/ Governor Signed

2 OKAPP 20 LEGISLATIVE TRACKING LIST SB670 SB979 County Purchasing OK Personnel Act Modifies time period for processing county purchase orders from 5 days to 3 days. Effective Requires by the chair of the Oklahoma Compensation and Unclassified Position Review Board convene the Board to study reforms to the classified and unclassified employee systems, improvements in the efficiency of state employment hiring process, improvements in accountability for state supervisors and employees, and human resource management reform or consolidation. Report due by Effective upon approval of the Governor. Griffin (S)/ Newberry(S) Governor Signed Governor Signed SB1008 Privatization OMES shall establish a repository of the best privatization and surplus asset sales practices, have expertise to select projects or services for privatization, be capable of rapid evaluations and response to privatization proposals, and have the ability to oversee the contracting for privatization opportunities. Treat (S)/ McDaniel(H) HB1002 Consolidation - Purchasing/Employee Assistance Program Creates the Cost Reduction and Savings Act of 20. Changes evaluation and consolidation measurement for financial services (including purchasing) from the bottom 10% to the bottom 10 agencies. Agencies contracted for shared services may not discontinue using shared services unless documented proof of their ability to provide the services at a lower cost. Bill also allows OMES to enter into contracts to carry out the Employee Assistance Program. Effective Murphey/ Holt(S) HB1081 Public Construction Sets requirements for construction change orders of under and over $20,000. Effective Sanders(H)/ Marlatt(S) Governor signed HB1455 Elimination of 41 Boards and Advisory Boards Creates the Streamlining and Savings Act of 20, which repeals and eliminates 41 boards and advisory councils / Signed by Governor HB1464 Purchasing/Vendor Registration/Lodging Creates the Innovation, Efficiency, and Reform Act of 20. Allows the State Purchasing Director to exempt certain purchases over $50,000 and under $100,000. Changes "shall" to "may" relative to collecting a fee for vendor registration. Allows the OMES Director to authorize lodging reimbursement above the State rate if it is determined no lodging was available at the State rate. Effective / Brecheen(S) 2

3 HB1465 Agency Performance Reporting OKAPP 20 LEGISLATIVE TRACKING LIST Includes new requirements for inclusion in strategic plans relative to agencies not authorized to adopt a fee. Includes a requirement for submission of a program management and performance report to include cost avoidance and containment measures implemented during the previous year, fee methodology, programs or operations not required for core functions and cost of each. / Holt(S) HB1717 HB1794 HB1910 Director's Salaries/OSBI Salaries Performance Pay Asset Mgmt./Real Property/Leasing/ Maintenance and Operations Provides for Boards and Commissions of State Agencies to determine salary for the Director of that agency. Increases salaries for OSBI agents and criminalists. Provides for a $1,000 performance payment for all state employees who receive "exceeds standards" on PMP. Effective Osborn(H)/ Christian(H)/ Sent to the Governor Adds to the requirement for the annual report of state owned facilities by OMES to include utilization or occupancy rates and identification of the most underutilized or under occupied state owned properties. Also includes a requirement for OMES to make recommendations for sale of other state owned properties. OMES, in conjunction with the Long Range Capital Planning Commission will work to decrease the amount of property owned by Oklahoma state government and whenever possible, eliminate the practice of state agencies leasing real property not owned by the state. Prior to entering into or renewing a lease for real property or making a purchase or construction of real property, each agency shall receive approval from OMES. Prior to approval Shannon/ OMES will determine if the entity can utilize existing state owned real property Murphey/ as an alternative to leasing or construction. Revises procedures for disposing of Turner/ Johnson/ state owned real property. Revises and adds some responsibilities to the Long Derby(H)/ Governor Signed Range Capital Planning Commission to include evaluating the effectiveness of planning process by agencies for all capital facility costs, forecasting Bigman/ requirements for capital projects of state agencies for an 8 year period, Loveless/ propose a budget for the next fiscal year to include facility rent and lease Johnson(S) payments, energy and utility expenditures, operations and maintenance, capital improvements and development, and submission of an itemized list of proposed projects to the Governor, President Pro Tempore and Speaker in priority order to be reviewed and have a concurrent resolution passed within 45 days disapproving any or all of the proposed projects. Upon approval, OMES may expend funds in the Maintenance of State Buildings Revolving Fund for approved projects in order of priority. Projects may not commence unless full funding is identified to include rent, etc. Effective

4 HB1914 Fees OKAPP 20 LEGISLATIVE TRACKING LIST Prohibits all agencies from creating any new fees or increasing current fees until January 1, Any fees charged by an agency must include a justification statement, which will disclose and describe to the entity paying the fee the reason for the charge. Effective Shannon(H)/ Johnson(S) Passed House /Passed Senate /Senate Amendments Read HB1924 HB1984 Counties Fleet Allows County Commissioners use Internet auction to include on-line bidding for the sale of any tools, apparatus, machinery or equipment with an original purchase cost of $500 or less. Removes the requirement for OMES to construct, install, acquire, etc. alternative fueling infrastructure for use by State agencies and political subdivisions. HB1987 Counties - P-Card Allows use of the state P-Card program by Counties. Effective HB1990 Real Property/ Leasing/Operations & Maintenance/Contracts Public Building and Construction Act. Creates the Dept. of Real Estate and the position of State facilities Director within OMES who will have authority over planning, procurement, contracts, facility management, property standards, state leasing and real estate brokerage services. The Facilities Director will establish standards and policies to standardize facility assessment and benchmarking, facility operations and maintenance, asset preservation, design and energy standards, space utilization, material testing, indexes of efficiency, economy and effectives. The State Facility Director will monitor indices of facility condition, effectiveness of operations and maintenance programs, deferred maintenance prioritization, effectiveness of planning processes, budgeting for capital needs, application of facility standards and performance outcomes of construction projects. He/She will also issue solicitations and award statewide contracts for managed construction service delivery both mandatory and non-mandatory. The State Facilities Director will provide facility management and operations and maintenance services for any state agency on a cost-recovery basis when the state agency requests it or beginning on or after July 1, 2016 the agency is determined to be performing in the bottom 10% of all state agencies with respect to performance measures established by OMES. Effective DeWitt & Johnson & Sent to the Governor Pittman(H)/ Griffin(S) Brumbaugh(H)/ Brecheen(S) Brumbaugh & Ralph(H)/ Brown(S) Brumbaugh& / Governor Signed Governor Signed

5 HB2055 Administrative Procedures Act Revises procedures and timeframes for Legislative approval or disapproval of administrative rule changes. Effective Jackson(H)/ Sent to the Governor OKAPP 20 LEGISLATIVE TRACKING LIST HB2062 IT Contracts/County IT and Telecom Purchases Allows the State CIO to negotiate consolidation contracts, enterprise agreements and high technology systems contracts in lieu of or in conjunction with bidding procedures to reduce acquisitions costs. Adds IT and telecommunications purchases to county purchasing procedures. Adds the requirement that the Government Technology Applications and Review board establish a Statewide assistance program to encourage State agencies to use the telework model to reduce the need for office space and produce a cost savings. Derby and / Sent to the Governor HB2145 Public Safety/ABLE Commission/OSBI/OBN Salary Increases Creates the Public Safety Act. Increases salaries for the Commissioner of Public Safety and other staff at the Department of Public Safety, salaries for staff of the ABLE Commission, and salaries for Directors and Commissioned staff of the OSBI and OBN. Effective Hickman(H)/ Johnson(S) *Status Definitions Shell Bill - The bill currently only contains a title, i.e., "This will be known as the "Government Modernization Act." Laid Over - Allows a bill to be heard in Committee at a later date. First Reading - The measure is introduced and its title only is read for the first time. - a bill that did not meet established deadlines and can have no further action taken in the current session. Can be carried over to the second session. Amended Bills/Conference Committee - If a bill is amended in the opposing house, it has to go back to the house of origin before it can become law. If the house of origin disagrees with the amendment, a conference committee is requested, which contains members from both houses, to try to come to an agreement on language in the bill. Tabled - No further action this session, but can bring it up in the next session. 5