.STATE OF OKLAHOMA

1st Session of the 52nd Legislature (2009)

SENATE BILL 897	By:	Johnson (Constance)

AS INTRODUCED

An Act relating to state government; stating public policy; creating the Task Force to Study Trends in State Purchasing Procedures; stating purpose; providing for membership, vacancies, convening of the first meeting, quorum, designation of cochairs, and determination of meeting schedules; making proceedings subject to the Oklahoma Open Meeting Act; providing for operations, staffing, travel reimbursement, and duties and responsibilities; providing for codification; and declaring an emergency.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 85.59 of Title 74, unless there is created a duplication in numbering, reads as follows:
A.  It is the public policy of the State of Oklahoma to:
1.  Recognize and support small disadvantaged businesses;
2.  Acknowledge the contributions of small disadvantaged businesses as productive employers in the state and the useful functions served in the local communities; and
3.  Support procedures for state contracting which ensure full participation by eligible businesses in the awarding of state contracts and which do not unfairly burden small disadvantaged businesses.
B.  There is hereby created the Task Force to Study Trends in State Purchasing Procedures to continue until June 30, 2010.  The purpose of the task force is to make recommendations to adjust policies and procedures or to implement new initiatives and strategies, as necessary, related to the ability of small disadvantaged businesses to contract with the state.
C.  The task force to shall be composed of nineteen (19) appointed members, as follows:
1.  The Governor shall appoint:
a.	a representative from the Minority Business Development Center at Langston University, Oklahoma City,
b.	a representative of the Greater Oklahoma City Hispanic Chamber of Commerce,
c.	a representative of the Oklahoma Chinese American Business Council, Oklahoma City,
d.	a representative of the Urban League of Greater Oklahoma City, and
e.	a representative of the Capitol Chamber of Commerce, Oklahoma City;
2.  The President Pro Tempore of the Senate shall appoint:
a.	a representative of the Oklahoma Native American Enterprise Center, Tulsa,
b.	a representative of the American Indian Chamber of Commerce of Oklahoma, Tulsa,
c.	a representative of the Oklahoma Minority Business Development Consortium, Oklahoma City,
d.	a representative of the Greater Tulsa Hispanic Chamber of Commerce, and
e.	the chair of the Senate Business and Labor Committee, or designee of the chair;
3.  The Speaker of the House of Representatives shall appoint:
a.	a representative of the Northside Chamber of Commerce, Lawton,
b.	a representative of the Greenwood Chamber of Commerce, Tulsa,
c.	a representative of the Asia Society of Oklahoma, Edmond,
d.	a representative of the Oklahoma Minority Supplier Development Council, Oklahoma City, and
e.	the chair of the House Business and Economic Development Committee, or designee of the chair;
4.  The Executive Director of the Oklahoma Department of Commerce shall appoint:
a.	an owner of a small business located in the northeast quadrant of the state, and
b.	an owner of a small business located in the southeast quadrant of the state; and
5.  The Director of the Department of Central Services shall appoint:
a.	an owner of a small business located in the northwest quadrant of the state, and
b.	an owner of a small business located in the southwest quadrant of the state.
For purposes of this section, “small business” means a business with twenty-five (25) or fewer employees.
D.  1.  Members shall serve at the pleasure of their appointing authorities.  A vacancy on the task force shall be filled by the original appointing authority.
2.  Appointments to the task force shall be made by July 15, 2009.
3.  A majority of the members of the task force shall constitute a quorum.
4.  The President Pro Tempore and the Speaker shall each designate a cochair from among the members of the task force.
5.  The cochairs of the task force shall convene the first meeting of the task force on or before September 1, 2009, at which time a schedule of meetings shall be determined.  The task force shall meet at least four times.
6.  Proceedings of all meetings of the task force shall comply with the provisions of the Oklahoma Open Meeting Act.
7.  The task force may divide into subcommittees in furtherance of its purpose.
E.  1.  The Oklahoma Department of Commerce and the Department of Central Services shall serve as lead agencies and as such shall provide primary staffing for the task force.
2.  The task force may use the expertise and services of the staffs of the State Senate and the Oklahoma House of Representatives.
F.  All departments, officers, agencies, and employees of this state shall cooperate with the task force in fulfilling its duties and responsibilities including, but not limited to, providing any information, records, or reports requested by the task force.
G.  Members of the task force shall receive no compensation for their service, but shall receive travel reimbursement as follows:
1.  Legislative members of the task force shall be reimbursed for necessary travel expenses incurred in the performance of their duties in accordance with the provisions of Section 456 of Title 74 of the Oklahoma Statutes; and
2.  Nonlegislative members of the task force shall be reimbursed by their appointing authorities or respective agencies for necessary travel expenses incurred in the performance of their duties in accordance with the State Travel Reimbursement Act.
H.  The duties and responsibilities of the task force shall include, but need not be limited to:
1.  Reviewing trends in state governmental contracting practices and the way in which small disadvantaged businesses currently participate in the process;
2.  Reviewing existing statutes, policies, programs, procedures, services and funding sources that affect the ability of small disadvantaged businesses to compete in the awarding of such contracts;
3.  Identifying and reviewing the number of small disadvantaged businesses in rural and metropolitan areas of the state and their rates of participation in the awarding of state contracts;
4.  Identifying changes to contracting practices to promote entrepreneurship and economic development by supporting small disadvantaged businesses;
5.  Developing proposals to increase SDB procurement opportunities in Oklahoma;
6.  Determining the economic impact of state procurement awards to local communities and the state at large;
7.  Proposing policy and procedural solutions to improve SDB data collection, synthesis and reporting;
8.  Establishing or enhancing existing business coaching networks to support small disadvantaged business success in state contracting efforts and in business development; and
9.  Taking all actions necessary to develop a comprehensive report and recommendations pursuant thereto.
SECTION 2.  It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval.

52-1-373	JT	1/15/2009 10:22:25 AM