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§ 85.42. One year limitation on entering contracts with certain persons--Exceptions

Oklahoma Statutes AnnotatedTitle 74. State GovernmentEffective: November 1, 2020

Oklahoma Statutes Annotated
Title 74. State Government (Refs & Annos)
Chapter 4. Department of Central Services
the Oklahoma Central Purchasing Act (Refs & Annos)
Effective: November 1, 2020
74 Okl.St.Ann. § 85.42
§ 85.42. One year limitation on entering contracts with certain persons--Exceptions
A. 1. Except as otherwise provided for in this section or other applicable law, any agency, whether or not such agency is subject to the Oklahoma Central Purchasing Act, is prohibited from entering into a sole source contract or a contract for professional services with or for the services of any person, who has terminated employment with or who has been terminated by that agency for one (1) year after the termination date of the employee from the agency. The provisions of this subsection shall not prohibit an agency from hiring or rehiring such person as a state employee.
2. Any chief administrative officer of an agency, whether or not such agency is subject to the Oklahoma Central Purchasing Act, shall not enter into any contract for nonprofessional or professional services for the purpose of or which would result in the circumvention of the full-time equivalent employee limitation established by law for such agency.
B. Each contract entered into by any person or firm with the State of Oklahoma shall include a statement certifying that no person who has been involved in any manner in the development of that contract while employed by the state shall be employed to fulfill any of the services provided for under the contract. This subsection shall not preclude faculty and staff of the institutions within The State System of Higher Education from negotiating and participating in research grants and educational contracts. Nor shall this subsection apply to Oklahoma Department of Commerce personnel who contract to provide services to the Oklahoma Capital Investment Board.
C. As used in this section, person is defined as any state official or employee of a department, board, bureau, commission, agency, trusteeship, authority, council, committee, trust, school district, fair board, court, executive office, advisory group, task force, study group, supported in whole or in part by public funds or entrusted with the expenditure of public funds or administering or operating public property, and all committees, or subcommittees thereof, judges, justices and state legislators.
D. Notwithstanding anything to the contrary in this section, the following sole source or professional services contracts are allowed at any time:
1. A contract for professional services at any time with a person who is a qualified interpreter for the deaf; and
2. A contract between a business entity that is a part-time certified court reporter and the Administrative Office of the Courts, on behalf of the district courts, or the Office of the Attorney General.
E. Provided the provisions specified in subsection B of this section are satisfied, the following professional services contracts are allowed:
1. The Department of Transportation, Oklahoma Water Resources Board, Department of Environmental Quality, Oklahoma Tourism and Recreation Department, the Oklahoma Turnpike Authority and the Oklahoma Department of Agriculture, Food, and Forestry may contract with a person who has retired from state service;
2. To maintain public health infrastructure and preparedness, the State Department of Health and city-county health departments may contract with a physician assistant, registered nurse, advanced practice nurse, nurse midwife, registered dietician, occupational therapist, physical therapist or speech-language pathologist who has retired from state service; and
3. The Department of Mental Health and Substance Abuse Services may contract with a physician, registered nurse, registered pharmacist or person meeting the definition of a licensed mental health professional, as defined in Title 43A of the Oklahoma Statutes, who has separated and/or retired from state service.

Credits

Laws 1986, c. 173, § 7, emerg. eff. May 12, 1986; Laws 1988, c. 69, § 2, emerg. eff. March 25, 1988; Laws 1991, c. 341, § 5, eff. July 1, 1991; Laws 1992, c. 240, § 2, eff. Sept. 1, 1992; Laws 1999, c. 409, § 1, emerg. eff. June 10, 1999; Laws 2000, c. 339, § 21, emerg. eff. June 6, 2000; Laws 2001, c. 440, § 4, eff. July 1, 2001; Laws 2002, c. 22, § 28, emerg. eff. March 8, 2002; Laws 2002, c. 343, § 2, emerg. eff. May 30, 2002; Laws 2003, c. 342, § 6; Laws 2007, c. 115, § 1, eff. Nov. 1, 2007; Laws 2008, c. 276, § 1, eff. Nov. 1, 2008; Laws 2009, c. 322, § 12; Laws 2011, c. 26, § 1, eff. July 1, 2011; Laws 2019, c. 252, § 1, eff. July 1, 2019; Laws 2020, c. 98, § 19, eff. Nov. 1, 2020.
74 Okl. St. Ann. § 85.42, OK ST T. 74 § 85.42
Current with legislation of the Second Regular Session of the 58th Legislature (2022) effective through July 1, 2022. Some sections may be more current, see credits for details.
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