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62-371.


62-371.
   
   A. Except as otherwise provided in this section, no board of county
   commissioners, nor city council, nor board of trustees of any town,
   nor any district board of any school district in this state, nor any
   board of any local subdivision of this state shall make any contract
   with any of its members, or in which any of its members shall be
   directly or indirectly interested. All contracts made in violation of
   this section shall be wholly void.
   
   However, for the purposes of this section, the following shall not be
   considered the making of a contract:
   
   1. The depositing of any funds in a bank or other depository;
   
   2. Any contract with a qualified nonprofit Internal Revenue Code
   Section 50l(c)(3) organization, except for contracts paying salaries
   or expenses or except a contract entered into by a school district
   involving the counseling or instruction of students or staff;
   
   3. Monthly billings submitted to any county or local subdivision of
   the state for public utility companies, electric cooperatives or
   telephone companies, whose services are regulated by the Oklahoma
   Corporation Commission, or billings of the utility companies, electric
   cooperatives or telephone companies pertaining to installations or
   changes in service, where tariffs for the charges or billings by the
   companies are on file with the Oklahoma Corporation Commission.
   
   In addition, the governing board of an area vocational-technical
   school district may enter into a contract for the area
   vocational-technical school district to provide training for a
   company, individual, or business concern by which a member of the
   board is employed. A board member shall abstain from voting on any
   such contract between the area vocational-technical school district
   board and the company, individual, or business concern by which the
   member is employed.
   
   B. The provisions of this section shall not apply to:
   
   1. Those municipal officers who are subject to Section 8-113 of Title
   11 of the Oklahoma Statutes; or
   
   2. A member of any board of education of a school district or a
   director or member of any rural water, sewer, gas and solid waste
   management district organized pursuant to Section 1324.1 et seq. of
   Title 82 of the Oklahoma Statutes in this state which does not include
   any part of a municipality with a population greater than two thousand
   five hundred (2,500) according to the latest Federal Decennial Census
   when the board member is the only person who owns or operates a
   business which is the only business of that type within ten (10) miles
   of the corporate limits of the municipality.
   
   However, any activities permitted by this subsection shall not exceed
   Five Hundred Dollars ($500.00) for any single activity and shall not
   exceed Two Thousand Five Hundred Dollars ($2,500.00) for all
   activities in any calendar year.
   
   C. The provisions of this section shall not apply to conservation
   district board members participating in programs authorized by Section
   3-2-106 of Title 27A of the Oklahoma Statutes.
   
   D. Notwithstanding the provisions of this section, any officer,
   director or employee of a financial institution may serve on a board
   of a public body. Provided, the member shall abstain from voting on
   any matter relating to a transaction between or involving the
   financial institution in which the member is associated and the public
   body in which the member serves.
   
   E. The provisions of this section shall not apply to any board of
   county commissioners purchasing motor fuel for exclusive use by the
   county from a cooperative agricultural association in which a member
   of the board of county commissioners has a financial or proprietary
   interest. The county commissioner having a financial or proprietary
   interest in the cooperative agricultural association shall abstain
   from voting on any such purchase or contract between the county and
   the cooperative agricultural association. Except as provided in this
   subsection, the purchasing procedures required by law for counties and
   county officers shall not otherwise be modified.
   
   F. A member of a board of county commissioners, city council, board of
   trustees of any town, district board of any school district in this
   state, or of any board of any local subdivision of this state shall
   not be considered to be directly or indirectly interested in any
   contract with a person or entity that employs such member or the
   spouse of the member, if the member or the spouse of the member has an
   interest in the employing entity of five percent (5%) or less.
   

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