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An Act
ENROLLED HOUSE
BILL NO. 3279 By: Pfeiffer of the House
and
Bergstrom and Boren of the
Senate
An Act relating to state government; amending 74 O.S.
2021, Section 85.42, as amended by Section 9, Chapter
336, O.S.L. 2025 (74 O.S. Supp. 2025, Section 85.42),
which relates to the Oklahoma Central Purchasing Act;
broadening scope of certain prohibited act; deleting
certain contract penalties and employment
prohibitions; providing employment restrictions for
state officers or employees under certain
circumstances; requiring inclusion of certified
statements for purchase contracts exceeding certain
dollar amount; authorizing the appointment of
contract signatory designees; requiring written
designations; voiding contracts or agreements for
certain violations; prohibiting persons from entering
into state contracts or being rehired for specified
period of time; amending 74 O.S. 2021, Section 590,
which relates to the Oklahoma Privatization of State
Functions Act; broadening scope of certain prohibited
act; authorizing the Attorney General and state
agencies to terminate certain contracts; increasing
time limitation that bars business organizations from
contracting with the state, its agencies, or
political subdivisions of the state; allowing the
Attorney General or state agency to pursue monetary
damages and certain relief; and providing an
effective date.
SUBJECT: State government
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
ENR. H. B. NO. 3279 Page 2
SECTION 1. AMENDATORY 74 O.S. 2021, Section 85.42, as
amended by Section 9, Chapter 336, O.S.L. 2025 (74 O.S. Supp. 2025,
Section 85.42), is amended to read as follows:
Section 85.42. 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, shall be
prohibited from entering into a sole-source contract or agreement or
a contract or agreement 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. Any contract or
agreement entered into in violation of this subsection shall be
void. Any person found to have violated this subsection shall be
prohibited from entering into any state contract for a period of
five (5) years from the date of the execution of the contract or
agreement. 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.
3. Any state officer or employee, who exercises discretionary
or decision-making authority in entering into a contract of Twenty-
five Thousand Dollars ($25,000.00) or more, shall be prohibited for
a period of one (1) year from the date of execution or renewal of
the contract from becoming an officer or employee of a business
organization which is a party to any contract with the state agency
in which the state officer or employee exercised such discretionary
or decision-making authority.
B. Each contract for purchases of Twenty-five Thousand Dollars
($25,000.00) or more, including change orders, extensions, renewals,
or amendments, entered into by any person or firm with the State of
Oklahoma shall include a statement certifying that no person who has
been materially involved in any manner in the development, approval,
or negotiation of such contract while employed by the state shall be
employed or given anything of value in consideration of receiving
the contract to fulfill any of the services provided for under the
contract. Each contract for purchases of Twenty-five Thousand
Dollars ($25,000.00) or more, including change orders, extensions,
ENR. H. B. NO. 3279 Page 3
renewals, or amendments, shall also include a statement from the
chief executive officer or head of the contracting state agency
certifying that no known officer or employee of the contracting
state agency who has any direct or indirect financial, pecuniary, or
other personal interest in the contract has been involved in any
manner in the development, approval, or negotiation of the contract
through influence, decision, recommendation, or otherwise. The
chief executive officer or head of the contracting state agency may
appoint an employee of the agency as a contract signatory designee.
Such designation shall be made in writing. However, such
designation shall not absolve the chief executive officer or head of
the contracting agency from responsibility for implementing the
provisions of this subsection. This subsection shall not preclude
faculty and staff of the institutions within The Oklahoma State
System of Higher Education from negotiating and participating in
research grants and educational contracts. This subsection shall
not 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" means 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:
ENR. H. B. NO. 3279 Page 4
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.
F. Any contract or agreement entered into in violation of this
section shall be void. Any person found to have violated this
section shall be prohibited from entering into any state contract or
from being rehired as a state employee for a period of three (3)
years from the date of voiding, termination, or cancellation of the
contract or agreement.
SECTION 2. AMENDATORY 74 O.S. 2021, Section 590, is
amended to read as follows:
Section 590. A. Any state officer or employee who exercises
discretionary or decision-making authority in awarding entering into
a privatization contract pursuant to the Oklahoma Privatization of
State Functions Act, shall be prohibited for a period of one (1)
year from the effective date that of the privatization contract is
awarded from becoming an officer or employee of a business
organization which is a party to any privatization contract with the
state agency in which the state officer or employee exercised such
discretionary or decision-making authority.
B. In the event of a violation of the provisions of subsection
A of this section, the:
1. The Attorney General or the state agency may terminate the
contract with the business organization;
ENR. H. B. NO. 3279 Page 5
2. The Attorney General may terminate any other state contract
with the business organization; and
3. The business organization shall be prohibited, for a period
of one (1) year three (3) years from the date of the violation,
employment or association of the former state officer or employee
with the business organization, from contracting with the state
State of Oklahoma or any agency in which the state officer or state
employee exercised discretionary or decision-making authority or
political subdivision of the State of Oklahoma.
The Attorney General or state agency may pursue monetary damages
and declaratory and equitable relief from the business organization
for repayment of any funds expended or encumbered pursuant to the
contract and any losses attributable to the contract or its
termination.
SECTION 3. This act shall become effective November 1, 2026.
ENR. H. B. NO. 3279 Page 6
Passed the House of Representatives the 10th day of March, 2026.
Presiding Officer of the House
of Representatives
Passed the Senate the 28th day of April, 2026.
Presiding Officer of the Senate
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _________
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________