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ENGROSSED HOUSE
BILL NO. 4129 By: Fetgatter of the House
and
Green of the Senate
An Act relating to public finance; enacting the
Office of Management and Enterprise Services
Efficiency Act of 2026; designating the Chief
Operating Officer the supervisor and director of the
Office of Management and Enterprise Services;
requiring Chief Information Officer to supervise
information technology services; providing for duties
of the Chief Financial Officer with respect to annual
budget; organizing the Office of Management and
Enterprise Services into five units; organizing the
Office of Management and Enterprise Services into
component units for Administration, Capital Assets
Management, Central Purchasing, Human Capital
Management, and Risk Assessment and Compliance;
transferring duties related to reporting and
analyzing of state revenues, assistance to the State
Board of Equalization, and assistance related to the
preparation of the annual Executive Budget to the
Chief Financial Officer; providing for appointment of
the Chief Operating Officer; requiring advice and
consent of Oklahoma State Senate; prescribing
qualifications; authorizing removal for good cause
shown; providing for authority of certain persons to
act pending confirmation; providing procedures for
removal of Chief Operating Officer; providing for
appointment of the Chief Financial Officer;
requiring advice and consent of Oklahoma State
Senate; prescribing qualifications; authorizing
removal for good cause shown; providing for authority
of certain persons to act pending confirmation;
providing procedures for removal of Chief Financial
Officer; prescribing duties of the Office of
Management and Enterprise Services; modifying
references with respect to the Director of the Office
of Management and Enterprise Services; modifying
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references with respect the Chief Financial Officer;
providing for authority of Director of the Office of
Management and Enterprise Services to act during
certain period of time; specifying duties of the
Chief Operating Officer and the Chief Financial
Officer; requiring report related to information
technology; requiring report related to real property
management; providing for duties and responsibilities
of the Chief Information Officer; eliminating the
Information Services Division of the Office of
Management and Enterprise Services; creating the
Office of Strategic Technology Solutions; prescribing
duties for the Office of Strategic Technology
Solutions; modifying statutory references; amending
62 O.S. 2021, Sections 34.2, as amended by Section 1,
Chapter 86, O.S.L. 2025, 34.3, 34.3.1, 34.5, 34.6, as
amended by Section 2, Chapter 14, 2nd Extraordinary
Session, O.S.L. 2022, 34.7, 34.9, 34.10, as amended
by Section 1, Chapter 39, O.S.L. 2024, 34.11.1, as
last amended by Section 1, Chapter 193, O.S.L. 2024,
34.11, Section 1, Chapter 36, 1st Extraordinary
Session, O.S.L. 2023, 34.22, 34.27, 34.28, 34.34,
34.35, 34.36, as amended by Section 2, Chapter 199,
O.S.L. 2025, 34.36.1, 34.40, 34.41, 34.42, as last
amended by Section 3, Chapter 199, O.S.L. 2025,
34.43, 34.44, 34.47, 34.49, 34.50, 34.51, 34.52,
34.53, as amended by Section 1, Chapter 84, O.S.L.
2025, 34.54, 34.55, 34.56, 34.58, 34.62, 34.63,
34.64, 34.65, 34.66, 34.67, 34.68, 34.69, 34.70, as
amended by Section 1, Chapter 167, O.S.L. 2023,
34.71, 34.72, 34.74, 34.75, 34.77, 34.78, 34.80,
34.81, 34.82, 34.83, 34.87, as amended by Section 1,
Chapter 409, O.S.L. 2024, 34.90, 34.91, 34.92, 34.102
34.203, and 34.204, (62 O.S. Supp. 2025, Sections
34.2, 34.6, 34.10, 34.11, 34.11.1, 34.11.1.2, 34.36,
34.42, 34.53, 34.70 and 34.87), which relate to the
Office of Management and Enterprise Services, the
Director of the Office of Management and Enterprise
Services and the Chief Information Officer; providing
for applicability of certain amendments with respect
to the Director of the Office of Management and
Enterprise Services, the Chief Operating Officer and
the Chief Financial Officer; amending 1 O.S. 2021,
Section 26; amending 2 O.S. 2021, Sections 2-12, 2-
26, 3-410, 5-3.3, 5-11, 5-122, 6-405, 7-416, 10-9.6,
10-9.24, Section 2, Chapter 391, O.S.L. 2022, 16-8,
as amended by Section 3, Chapter 198, O.S.L. 2024,
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16-11, 16-83, 18-40, 18-42, 18-407, Section 6,
Chapter 297, O.S.L. 2023, Section 16, Chapter 297,
O.S.L. 2023, and Section 22, Chapter 297, O.S.L. 2023
(2 O.S. Supp. 2025, Sections 11-12, 16-8, 4006, 4016,
and 4022); amending 3 O.S. 2021, Sections 84, as last
amended by Section 1, Chapter 274, O.S.L. 2025, 91,
as amended by Section 9, Chapter 126, O.S.L. 2023,
375, 401, as amended by Section 17, Chapter 126,
O.S.L. 2023, Section 16, Chapter 365, O.S.L. 2023,
Section 4, Chapter 203, O.S.L. 2022, as amended by
Section 20, Chapter 126, O.S.L. 2023, Section 1,
Chapter 126, O.S.L. 2024, Section 3, Chapter 125,
O.S.L. 2024, as amended by Section 3, Chapter 154,
O.S.L. 2025, and 74 O.S. 2021, Section 5208.1, as
amended by Section 6, Chapter 274, O.S.L. 2025, and
as renumbered by Section 25, Chapter 274, O.S.L. 2025
(3 O.S. Supp. 2025, Sections 84, 91, 401, 403, 414,
415, 503, and 518); amending 3A O.S. 2021, Sections
204.1B, 204.1C, 208.3a, 281, 605, as amended by
Section 3, Chapter 20, O.S.L. 2025, 616, as amended
by Section 5, Chapter 20, O.S.L. 2025, 713, as last
amended by Section 5, Chapter 443, O.S.L. 2024, and
733, as amended by Section 4, Chapter 332, O.S.L.
2023 (3A O.S. Supp. 2025, Sections 605, 616, 713, and
733) ; amending 6 O.S. 2021, Sections 201.1 and
211.1,; amending 7 O.S. 2021, Section 22, ; amending
10 O.S. 2021, Sections 410.1, 440, 601.6b, as amended
by Section 5, Chapter 347, O.S.L. 2024, 601.10,
601.14, as amended by Section 6, Chapter 347, O.S.L.
2024, and 601.67 (10 O.S. Supp. 2025, Sections 601.6b
and 601.14); amending 10A O.S. 2021, Sections 1-9-
103, 1-9-103a, 1-9-109, Section 1, Chapter 339,
O.S.L. 2024, 2-7-202, as last amended by Section 5,
Chapter 291, O.S.L. 2023, 2-7-306, 2-7-401, 2-7-616,
2-7-618, and 2-10-102, as amended by Section 11,
Chapter 347, O.S.L. 2024 (10A O.S. Supp. 2025,
Sections 1-9-112a, 2-7-202, and 2-10-102); amending
Sections 4, Chapter 254, O.S.L. 2022, 24-115, Section
2, Chapter 240, O.S.L. 2022, 49-100.3, 49-100.5, 49-
100.8, 50-103.1, 50-105.3, and 51-104a (11 O.S. Supp.
2025, Sections 17-107A and 37-501); amending 12 O.S.
2021, Section 921.1; amending 14A O.S. 2021, Section
6-301; amending 15 O.S. 2021, Section 775B.7;
amending 17 O.S. 2021, Sections 39, 57, 180.7,
180.10, as amended by Section 1, Chapter 211, O.S.L.
2025, 180.11, 306, 315, and 328 (17 O.S. Supp. 2025,
Section 180.10); amending 18 O.S. 2021, Sections
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552.20 and 552.21; amending 19 O.S. 2021, Sections
215.28, 215.30, 215.40, 220, 547.2, 746.1, 901.58,
1501, as last amended by Section 1, Chapter 85,
O.S.L. 2025, and 1505, as last amended by Section 2,
Chapter 85, O.S.L. 2025 (19 O.S. Supp. 2025, Sections
1501 and 1505); amending 20 O.S. 2021, Sections 4,
61, 1104, 1227, 1304, 1307, 1310.1, 1310.2, 1310.3,
1315, 1316, 1662, and 1663; amending Sections 13,
Chapter 366, O.S.L. 2024, as amended by Section 6,
Chapter 187, O.S.L. 2025, 142.17, 142.32, Section 1,
Chapter 376, O.S.L. 2023, Section 1, Chapter 37,
O.S.L. 2025, 1290.14, as amended by Section 1,
Chapter 156, O.S.L. 2024, and 1379.1 (21 O.S. Supp.
2025, Sections 20M, 748.3, 1289.31, and 1290.14);
amending 22 O.S. 2021, Sections 1368, 1369, and
1370.1; amending 25 O.S. 2021, Sections 82.1 and
90.19; amending 26 O.S. 2021, Sections 2-118, 3-107,
3-107.1, 3-107.2, Section 1, Chapter 432, O.S.L.
2025, 6-120, and 8-111 (26 O.S. Supp. 2025, Section
3-107.3); amending 27A O.S. 2021, Sections 1-2-103,
1-2-104, 2-3-401, 2-3-403, Section 1, Chapter 438,
O.S.L. 2024, 2-7-304, and 2-11-610 (27A O.S. Supp.
2025, Section 2-3-404); amending 28 O.S. 2021,
Section 86, as amended by Section 1, Chapter 16, 1st
Extraordinary Session, O.S.L. 2023 (28 O.S. Supp.
2025, Section 86); amending 29 O.S. 2021, Section 3-
103, as amended by Section 1, Chapter 6, O.S.L. 2024
(29 O.S. Supp. 2025, Section 3-103); 29 O.S. 2021,
Section 3-302, 3-310, 3-313, 4-132, and 4-134;
amending 36 O.S. 2021, Section 307.3 and 307.5;
Section 1, Chapter 6, O.S.L. 2022, as amended by
Section 1, Chapter 67, O.S.L. 2022 (36 O.S. Supp.
2025, Section 307.6); Section 4, Chapter 293, O.S.L.
2024 (36 O.S. Supp. 2025, Section 974); Section 6,
Chapter 293, O.S.L. 2024 (36 O.S. Supp. 2025, Section
976); Section 2, Chapter 219, O.S.L. 2025 (36 O.S.
Supp. 2025, Section 4606.1); Section 5, Chapter 151,
O.S.L. 2022 (36 O.S. Supp. 2025, Section 6060.44); 36
O.S. 2021, Section 6802; Section 5, Chapter 306,
O.S.L. 2024 (36 O.S. Supp. 2025, Section 6966.2); and
36 O.S. 2021, Section 7202. 37A O.S. 2021, Section 1-
105, as amended by Section 1, Chapter 205, O.S.L.
2024 (37A O.S. Supp. 2025, Section 1-105); 37A O.S.
2021, Sections 5-128 and 5-129; amending 40 O.S.
2021, Section 4-508, as amended by Section 22,
Chapter 360, O.S.L. 2022 (40 O.S. Supp. 2025, Section
4-508); 40 O.S. 2021, Sections 4-901, 6-101, and 6-
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201; 40 O.S. 2021, Section 6-202, as amended by
Section 5, Chapter 346, O.S.L. 2023 (40 O.S. Supp.
2025, Section 6-202); 40 O.S. 2021, Section 6-204, as
amended by Section 6, Chapter 346, O.S.L. 2023 (40
O.S. Supp. 2025, Section 6-204); 40 O.S. 2021,
Sections 141.19, 141.20, 142.1, and 142.14; Section
1, Chapter 182, O.S.L. 2025 (40 O.S. Supp. 2025,
Section 365); 40 O.S. 2021, Section 800.1, as amended
by Section 1, Chapter 401, O.S.L. 2022 (40 O.S. Supp.
2025, Section 800.1); Section 3, Chapter 408, O.S.L.
2025 (40 O.S. Supp. 2025, Section 906); amending
Section 1, Chapter 28, 1st Extraordinary Session,
O.S.L. 2023 (43A O.S. Supp. 2025, Section 1-110.1);
43A O.S. 2021, Sections 2-104 and 2-107; 43A O.S.
2021, Section 2-111, as last amended by Section 1,
Chapter 377, O.S.L. 2023 (43A O.S. Supp. 2025,
Section 2-111); 43A O.S. 2021, Sections 2-302, 2-303,
2-306, 2-310, and 2-311; 57 O.S. 2021, Section 631,
as amended by Section 1, Chapter 201, O.S.L. 2023,
and as renumbered by Section 5, Chapter 201, O.S.L.
2023 (43A O.S. Supp. 2025, Section 2-312.1); 43A O.S.
2021, Sections 3-102, 3-103, and 3-105; 43A O.S.
2021, Section 3-107, as amended by Section 2, Chapter
125, O.S.L. 2022 (43A O.S. Supp. 2025, Section 3-
107); 43A O.S. 2021, Section 3-107b, 3-453 and 3-460;
amending 44 O.S. 2021, Sections 28, 209, and 233.7;
Section 1, Chapter 74, O.S.L. 2022, as amended by
Section 5, Chapter 344, O.S.L. 2025 (44 O.S. Supp.
2025, Section 233.10a); Section 1, Chapter 361,
O.S.L. 2022 (44 O.S. Supp. 2025, Section 233.14); 44
O.S. 2021, Section 235.1; Section 19, Chapter 344,
O.S.L. 2025 (44 O.S. Supp. 2025, Section 272);
Section 1, Chapter 452, O.S.L. 2025 (44 O.S. Supp.
2025, Section 301A); Section 1, Chapter 453, O.S.L.
2025 (44 O.S. Supp. 2025, Section 301B); 44 O.S.
2021, Sections 4314, 4315, 4322, 4331, and 4335;
amending 45 O.S. 2021, Section 938.1; amending 47
O.S. 2021, Sections 2-101 and 2-104; 47 O.S. 2021,
Section 2-105, as amended by Section 1, Chapter 301,
O.S.L. 2022 (47 O.S. Supp. 2025, Section 2-105); 47
O.S. 2021, Section 2-105.7; 47 O.S. 2021, Section 2-
108.1, as amended by Section 1, Chapter 197, O.S.L.
2025 (47 O.S. Supp. 2025, Section 2-108.1); 47 O.S.
2021, Sections 2-122, 2-124, 2-142, 2-143, 2-144.1,
and 2-145; 47 O.S. 2021, Section 2-146, as amended by
Section 1, Chapter 370, O.S.L. 2022 (47 O.S. Supp.
2025, Section 2-146); 47 O.S. 2021, Sections 2-303,
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2-307, and 2-310.1; Section 1, Chapter 282, O.S.L.
2022, as amended by Section 2, Chapter 47, 1st
Extraordinary Session, O.S.L. 2023 (47 O.S. Supp.
2025, Section 3-101); Section 6, Chapter 282, O.S.L.
2022, as last amended by Section 32, Chapter 452,
O.S.L. 2024 (47 O.S. Supp. 2025, Section 3-106); 47
O.S. 2021, Sections 7-625, 7-627, 158.2, 162, 163,
165, 166, 169, 170, 171, 172, 173, 180, 577, 582, as
last amended by Section 4, Chapter 236, O.S.L. 2024,
Section 587, as amended by Section 6, Chapter 107,
O.S.L. 2022, Section 759, as last amended by Section
14, Chapter 330, O.S.L. 2025, Section 1104.3, as
amended by Section 10, Chapter 171, O.S.L. 2025,
Section 1104.4, as amended by Section 11, Chapter
171, O.S.L. 2025, Section 1104.5, as amended by
Section 12, Chapter 171, O.S.L. 2025, Section 1104.7,
as amended by Section 14, Chapter 171, O.S.L. 2025,
Section 1104.8, as amended by Section 15, Chapter
171, O.S.L. 2025, Section 1104.9, as amended by
Section 16, Chapter 171, O.S.L. 2025, Section
1104.10, as amended by Section 17, Chapter 171,
O.S.L. , Section 1104.11, as amended by Section 18,
Chapter 171, O.S.L. 2025, Section 1104.12, as amended
by Section 19, Chapter 171, O.S.L. 2025, Section
1104.13, as amended by Section 20, Chapter 171,
O.S.L. 2025, Section 1104.14, as amended by Section
21, Chapter 171, O.S.L. 2025, Section 1104.15, as
amended by Section 22, Chapter 171, O.S.L. 2025,
Section 1104.16, as amended by Section 23, Chapter
171, O.S.L. 2025, Section 1104.17, as amended by
Section 24, Chapter 171, O.S.L. 2025, Section
1104.18, as amended by Section 25, Chapter 171,
O.S.L. 2025, Section 1104.19, as amended by Section
26, Chapter 171, O.S.L. 2025, Section 1104.20, as
amended by Section 27, Chapter 171, O.S.L. 2025,
Section 1104.21, as amended by Section 28, Chapter
171, O.S.L. 2025, Section 1104.22, as amended by
Section 29, Chapter 171, O.S.L. 2025, Section
1104.23, as amended by Section 30, Chapter 171,
O.S.L. 2025, Section 1104.24, as amended by Section
31, Chapter 171, O.S.L. 2025, Section 1104.25, as
amended by Section 32, Chapter 171, O.S.L. 2025,
Section 1104.26, as amended by Section 33, Chapter
171, O.S.L. 2025, Section 1104.27, as amended by
Section 34, Chapter 171, O.S.L. 2025, Section
1104.28, as amended by Section 35, Chapter 171,
O.S.L. 2025, Section 1104.29, as amended by Section
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36, Chapter 171, O.S.L. 2025, Section 1104.30, as
amended by Section 37, Chapter 171, O.S.L. 2025,
Section 1104.31, as amended by Section 38, Chapter
171, O.S.L. 2025, Section 1104.32, as amended by
Section 39, Chapter 171, O.S.L. 2025, Section 1,
Chapter 397, O.S.L. 2022, as amended by Section 40,
Chapter 171, O.S.L. 2025, Section 1105A, as last
amended by Section 16, Chapter 330, O.S.L. 2025 (47
O.S. Supp. 2025, Sections 582, 587, 759, 1104.3,
1104.4, 1104.51104.7, 1104.8, 1104.9, 1104.10,
1104.11, 1104.12, 1104.13, 1104.14, 1104.15, 1104.16.
1104.17, 1104.18, 1104.19, 1104.20, 1104.21, 1104.22,
1104.23, 1104.24, 1104.25, 1104.26, 1104.27, 1104.28,
1104.29, 1104.30, 1104.31, 1104.32, 1104.33, and
1105A), Section 1115.1, Section 1132.2, Section
1143.1, as amended by Section 181, Chapter 282,
O.S.L. 2022 (47 O.S. Supp. 2025, Section 1143.1),
Section 1166, Section 1167, as last amended by
Section 57, Chapter 171, O.S.L. 2025 (47 O.S. Supp.
2025, Section 1167); amending 51 O.S. 2021, Section
1168, Section 156, as amended by Section 2, Chapter
183, O.S.L. 2022 (51 O.S. Supp. 2025, Section 156),
Section 159, Section 162, Section 163; amending 52
O.S. 2021, Section 132, Section 139, as amended by
Section 12, Chapter 247, O.S.L. 2025 (52 O.S. Supp.
2025, Section 139), Section 140, Section 206, Section
211, Section 288.5B, Section 288.7, Section 310, as
amended by Section 2, Chapter 367, O.S.L. 2023 (52
O.S. Supp. 2025, Section 310), Section 317.1, Section
420.11, Section 420.26; amending 53 O.S. 2021,
Section 1.10, Section 1.10a, Section 1.12, Section
7.4, Section 45.1, Section 47, Section 47.4A, Section
175, Section 232, Section 3, Chapter 358, O.S.L. 2023
(53 O.S. Supp. 2025, Section 503); amending 56 O.S.
2021, Section 26.17, Section 59.1, Section 189a,
Section 198.11b; amending 56 O.S. 2021, Sections 202,
213, 224, 226, 229, 230.70, 260, 329.1, 1003, Section
23, Chapter 395, O.S.L. 2022, 1011.13, Section 1,
Chapter 422, O.S.L. 2024, 2002, as amended by Section
1, Chapter 214, O.S.L. 2025, 2004 and 3002 (56 O.S.
Supp. 2025, Sections 1010.8A, 1026.1 and 2002);
amending 57 O.S. 2021, Sections 509, as last amended
by Section 2, Chapter 467, O.S.L. 2025, Section 1,
Chapter 467, O.S.L. 2025, 510, as amended by Section
1, Chapter 202, O.S.L. 2022, 510.6A, as amended by
Section 6, Chapter 291, O.S.L. 2023, 510.8C, 510A,
513.1, 521.1, 521.2, 537.1, 541, 549.1, 557, 557.2,
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561, 561.1, 561.2, 561.4 and 613 (57 O.S. Supp. 2025,
Sections 509, 509A, 510 and 510.6A); amending 59 O.S.
2021, Sections 154, 161.20, 199.15, 328.42, 396.1C,
567.4, 587, as amended by Section 1, Chapter 331,
O.S.L. 2025, Section 7, Chapter 168, O.S.L. 2025,
644, as amended by Section 23, Chapter 168, O.S.L.
2025, 698.28, 858-205, 858-601, 858-626, 858-730,
1000.4a, as last amended by Section 1, Chapter 48,
O.S.L. 2025, 1000.28, 1018, 1042, 1113, 1150,
1151.20, 1360, 1455, as amended by Section 1, Chapter
87, O.S.L. 2023, 1694, 1800.14, 1800.15, 1820.3,
1820.6, 1820.7, 1820.8, 1820.9, 1820.10, 1820.11,
1820.12, 1820.13, 1820.14, 1820.16, 1820.17, 1820.18,
1820.19, 1820.20, 1850.13, 1883, 1918, 1925.17, 1946,
2058, 2095.20, as amended by Section 16, Chapter 218,
O.S.L. 2024, 3024 and 3118 (59 O.S. Supp. 2025,
Sections 587, 628.1, 644, 1000.4a, 1455 and 2095.20);
amending 60 O.S. 2021, Sections 383, 384, 385, 386,
387, 389 and 668.2; amending 61 O.S. 2021, Sections
11, as amended by Section 4, Chapter 238, O.S.L.
2022, 12, as amended by Section 5, Chapter 238,
O.S.L. 2022, 60, as last amended by Section 123,
Chapter 452, O.S.L. 2024, 61, as amended by Section
7, Chapter 238, O.S.L. 2022, 62, as amended by
Section 8, Chapter 238, O.S.L. 2022, 62.2, as amended
by Section 9, Chapter 238, O.S.L. 2022, 65, as
amended by Section 11, Chapter 238, O.S.L. 2022, 103,
as last amended by Section 1, Chapter 361, O.S.L.
2025, 103.7, as amended by Section 15, Chapter 238,
O.S.L. 2022, 107, as amended by Section 19, Chapter
238, O.S.L. 2022, 119.1, as amended by Section 25,
Chapter 238, O.S.L. 2022, 121, as amended by Section
26, Chapter 238, O.S.L. 2022, 125, 130, 139, as
amended by Section 1, Chapter 455, O.S.L. 2025, 202,
as last amended by Section 125, Chapter 452, O.S.L.
2024, 202.1, 204, as amended by Section 29, Chapter
238, O.S.L. 2022, 205, 207.2, as amended by Section
30, Chapter 238, O.S.L. 2022, 208, as amended by
Section 31, Chapter 238, O.S.L. 2022, 208.2, as
amended by Section 33, Chapter 238, O.S.L. 2022, 209,
as amended by Section 34, Chapter 238, O.S.L. 2022,
210, as amended by Section 35, Chapter 238, O.S.L.
2022, 211, as amended by Section 36, Chapter 238,
O.S.L. 2022 and 212, as amended by Section 37,
Chapter 238, O.S.L. 2022 (61 O.S. Supp. 2025,
Sections 11, 12, 60, 61, 62, 62.2, 65, 103, 103.7,
107, 119.1, 121, 139, 202, 204, 207.2, 208, 208.2,
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209, 210, 211 and 212); amending 61 O.S. 2021,
Section 213, 61 O.S. 2021, Section 306, 61 O.S. 2021,
Section 307, 61 O.S. 2021, Section 308, as amended by
Section 38, Chapter 238, O.S.L. 2022 (61 O.S. Supp.
2025, Section 308), 61 O.S. 2021, Section 309, as
amended by Section 39, Chapter 238, O.S.L. 2022 (61
O.S. Supp. 2025, Section 309), 61 O.S. 2021, Section
310, 61 O.S. 2021, Section 313, 61 O.S. 2021, Section
314, 61 O.S. 2021, Section 317, as amended by Section
43, Chapter 238, O.S.L. 2022 (61 O.S. Supp. 2025,
Section 317), 61 O.S. 2021, Section 318, 61 O.S.
2021, Section 322, 61 O.S. 2021, Section 323, as
amended by Section 44, Chapter 238, O.S.L. 2022 (61
O.S. Supp. 2025, Section 323), 61 O.S. 2021, Section
324, as amended by Section 45, Chapter 238, O.S.L.
2022 (61 O.S. Supp. 2025, Section 324), 61 O.S. 2021,
Section 325, 61 O.S. 2021, Section 326, as amended by
Section 46, Chapter 238, O.S.L. 2022 (61 O.S. Supp.
2025, Section 326), 61 O.S. 2021, Section 327, as
amended by Section 47, Chapter 238, O.S.L. 2022 (61
O.S. Supp. 2025, Section 327), 61 O.S. 2021, Section
327.1, as amended by Section 48, Chapter 238, O.S.L.
2022 (61 O.S. Supp. 2025, Section 327.1), 61 O.S.
2021, Section 327.3, 61 O.S. 2021, Section 328, 61
O.S. 2021, Section 330.1, as amended by Section 49,
Chapter 238, O.S.L. 2022 (61 O.S. Supp. 2025, Section
330.1); amending 62 O.S. 2021, Section 34.2, as
amended by Section 1, Chapter 86, O.S.L. 2025 (62
O.S. Supp. 2025, Section 34.2), 62 O.S. 2021, Section
34.3, 62 O.S. 2021, Section 34.3.1, 62 O.S. 2021,
Section 34.4, 62 O.S. 2021, Section 34.5, 62 O.S.
2021, Section 34.6, 62 O.S. 2021, Section 34.7, 62
O.S. 2021, Section 34.8, 62 O.S. 2021, Section 34.9,
62 O.S. 2021, Section 34.10, as amended by Section 1,
Chapter 99, O.S.L. 2024 (62 O.S. Supp. 2025, Section
34.10), 62 O.S. 2021, Section 34.11, 62 O.S. 2021,
Section 34.11.1, as amended by Section 1, Chapter
193, O.S.L. 2024 (62 O.S. Supp. 2025, Section
34.11.1), Section 1, Chapter 36, 1st Extraordinary
Session, O.S.L. 2023 (62 O.S. Supp. 2025, Section
34.11.1.2), 62 O.S. 2021, Section 34.11.7, 62 O.S.
2021, Section 34.11.9, 62 O.S. 2021, Section 34.12,
as amended by Section 2, Chapter 74, O.S.L. 2022 (62
O.S. Supp. 2025, Section 34.12), 62 O.S. 2021,
Section 34.13, 62 O.S. 2021, Section 34.15, 62 O.S.
2021, Section 34.19, 62 O.S. 2021, Section 34.20, 62
O.S. 2021, Section 34.20.1, 62 O.S. 2021, Section
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34.21, as amended by Section 1, Chapter 199, O.S.L.
2025 (62 O.S. Supp. 2025, Section 34.21), 62 O.S.
2021, Section 34.22, 62 O.S. 2021, Section 34.23, 62
O.S. 2021, Section 34.24, 62 O.S. 2021, Section
34.24.1, 62 O.S. 2021, Section 34.25, 62 O.S. 2021,
Section 34.26, 62 O.S. 2021, Section 34.27, 62 O.S.
2021, Section 34.28, 62 O.S. 2021, Section 34.31, 62
O.S. 2021, Section 34.32, as amended by Section 25,
Chapter 228, O.S.L. 2022 (62 O.S. Supp. 2025, Section
34.32), 62 O.S. 2021, Section 34.33, 62 O.S. 2021,
Section 34.34, 62 O.S. 2021, Section 34.35, 62 O.S.
2021, Section 34.36, as amended by Section 2, Chapter
199, O.S.L. 2025 (62 O.S. Supp. 2025, Section 34.36),
62 O.S. 2021, Section 34.36.1, 62 O.S. 2021, Section
34.37, 62 O.S. 2021, Section 34.40, 62 O.S. 2021,
Section 34.41, 62 O.S. 2021, Section 34.42, as last
amended by Section 3, Chapter 199, O.S.L. 2025 (62
O.S. Supp. 2025, Section 34.42), 62 O.S. 2021,
Section 34.43, 62 O.S. 2021, Section 34.45, 62 O.S.
2021, Section 34.47, 62 O.S. 2021, Section 34.47, 62
O.S. 2021, Section 34.49, 62 O.S. 2021, Section
34.50, 62 O.S. 2021, Section 34.51, 62 O.S. 2021,
Section 34.52, 62 O.S. 2021, Section 34.53, as
amended by Section 1, Chapter 84, O.S.L. 2025 (62
O.S. Supp. 2025, Section 34.53), 62 O.S. 2021,
Section 34.54, 62 O.S. 2021, Section 34.55, 62 O.S.
2021, Section 34.56, 62 O.S. 2021, Section 34.58, 62
O.S. 2021, Section 34.62, 62 O.S. 2021, Section
34.63, 62 O.S. 2021, Section 34.64, 62 O.S. 2021,
Section 34.65, 62 O.S. 2021, Section 34.66, 62 O.S.
2021, Section 34.67, 62 O.S. 2021, Section 34.68, 62
O.S. 2021, Section 34.69, 62 O.S. 2021, Section
34.70, as amended by Section 1, Chapter 167, O.S.L.
2023 (62 O.S. Supp. 2025, Section 34.70), 62 O.S.
2021, Section 34.71, 62 O.S. 2021, Section 34.72, 62
O.S. 2021, Section 34.74, 62 O.S. 2021, Section
34.75, 62 O.S. 2021, Section 34.77, 62 O.S. 2021,
Section 34.78, 62 O.S. 2021, Section 34.80, 62 O.S.
2021, Section 34.81, 62 O.S. 2021, Section 34.82, 62
O.S. 2021, Section 34.83, 62 O.S. 2021, Section
34.87, as amended by Section 1, Chapter 409, O.S.L.
2024 (62 O.S. Supp. 2025, Section 34.87), 62 O.S.
2021, Section 34.90, 62 O.S. 2021, Section 34.91, 62
O.S. 2021, Section 34.92, 62 O.S. 2021, Section
34.93, as amended by Section 1, Chapter 2, O.S.L.
2022 (62 O.S. Supp. 2025, Section 34.93), 62 O.S.
2021, Section 34.94, 62 O.S. 2021, Section 34.95, 62
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O.S. 2021, Section 34.96, 62 O.S. 2021, Section
34.100, 62 O.S. 2021, Section 34.102, Section 3,
Chapter 307, O.S.L. 2025 (62 O.S. Supp. 2025, Section
34.103A), 62 O.S. 2021, Section 34.104, 62 O.S. 2021,
Section 34.200-1, 62 O.S. 2021, Section 34.202, 62
O.S. 2021, Section 34.203, 62 O.S. 2021, Section
34.204, Section 1, Chapter 380, O.S.L. 2022 (62 O.S.
Supp. 2025, Section 34.210), 62 O.S. 2021, Section
34.301, as last amended by Section 1, Chapter 319,
O.S.L. 2025 (62 O.S. Supp. 2025, Section 34.301),
Section 1, Chapter 346, O.S.L. 2025 (62 O.S. Supp.
2025, Section 34.401), 62 O.S. 2021, Section 35.4, 62
O.S. 2021, Section 35.5; amending 62 O.S. 2021,
Section 34.301, as last amended by Section 1, Chapter
319, O.S.L. 2025, (62 O.S. 2025), Section 34.401 is
amended by Section 1, Chapter 346, 2025, 62 O.S.
2021, Section 35.4, 62 O.S. 2021, Section 35.5, 62
O.S. 2021, Section 35.6, 62 O.S. 2021, Section
35.6.1, 62 O.S. 2021, Section 35.6.2, 62 O.S. 2021,
Section 35.7, 62 O.S. 2021, Section 35.8, 62 O.S.
2021, Section 35.9, 62 O.S. 2021, Section 36, 62 O.S.
2021, Section 36.1, 62 O.S. 2021, Section 41.5a-4, 62
O.S. 2021, Section 45.3, 62 O.S. 2021, Section 45.4,
62 O.S. 2021, Section 45.5, 62 O.S. 2021, Section
45.6, 62 O.S. 2021, Section 45.11, 62 O.S. 2021,
Section 46, 62 O.S. 2021, 62 O.S. 2021, Section 46.1,
as amended by Section 6, Chapter 83, O.S.L. 2022 (62
O.S. Supp. 2025), 62 O.S. 2021, Section 46.3, 62 O.S.
2021, Section 46.5, 62 O.S. 2021, Section 48, 62 O.S.
2021, Section 48.2, 62 O.S. 2021, Section 49, 62 O.S.
2021, Section 57.39, 62 O.S. 2021, Section 57.69, 62
O.S. 2021, Section 57.89, 62 O.S. 2021, Section
57.109, 62 O.S. 2021, Section 57.189, 62 O.S. 2021,
Section 57.303, 62 O.S. 2021, Section 57.306, 62 O.S.
2021, Section 71.1, as amended by Section 4, Chapter
308, O.S.L. 2025 62 O.S. 2021, Section 71.2, 62 O.S.
2021, Section 89.2, as amended by Section 5, Chapter
308, O.S.L. 2025 62 O.S. 2021, Section 89.5, as
amended by Section 1, Chapter 140, O.S.L. 2024 (62
O.S. Supp. 2025), 62 O.S. 2021, Section 90, 62 O.S.
2021, Section 90.8, 62 O.S. 2021, Section 139.45, 62
O.S. 2021, Section 139.48, 62 O.S. 2021, Section
139.49, 62 O.S. 2021, Section 155, as amended by
Section 34, Chapter 29, O.S.L. 2023 (62 O.S. Supp.
2025), 62 O.S. 2021, Section 156, 62 O.S. 2021,
Section 157, 62 O.S. 2021, Section 158, 62 O.S. 2021,
Section 159, 62 O.S. 2021, Section 159.1, 62 O.S.
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2021, Section 159.2, 62 O.S. 2021, Section 160.1, 62
O.S. 2021, Section 160.2, 62 O.S. 2021, Section 166d,
62 O.S. 2021, Section 178, 62 O.S. 2021, Section 193,
62 O.S. 2021, Section 195, 62 O.S. 2021, Section 221,
62-255.1, as amended by Section 1, Chapter 14, 2nd
Extraordinary Session, O.S.L. 2022 (62 O.S. Supp.
2025), 62-255.2, as amended by Section 1, Chapter 22,
2nd Extraordinary Session, O.S.L. 2022 (62 O.S. Supp.
2025), 62-255.3 as amended by Section 2, Chapter 22,
2nd Extraordinary Session, O.S.L. 2022 (62 O.S. Supp.
2025), 62-255.4 as amended by Section 3, Chapter 22,
2nd Extraordinary Session, O.S.L. 2022, as last
amended by Section 1, Chapter 409, O.S.L. 2025 (62
O.S. Supp. 2025), 62-256 as amended by Section 1,
Chapter 411, O.S.L. 2022, as amended by Section 1,
Chapter 474, O.S.L. 2025 (62 O.S. Supp. 2025), 62
O.S. 2021, Section 275.8, 62 O.S. 2021, Section
275.9, 62 O.S. 2021, Section 276.1, 62 O.S. 2021,
Section 276.3, 62 O.S. 2021, Section 276.4, 62 O.S.
2021, Section 555, as amended by Section 1, Chapter
283, O.S.L. 2022 (62 O.S. Supp. 2025), 62 O.S. 2021,
Section 695.8a, 62 O.S. 2021, Section 891.15, 62 O.S.
2021, Section 901, as amended by Section 1, Chapter
439, O.S.L. 2025 (62 O.S. Supp. 2025), 62 O.S. 2021,
Section 901.1, 62 O.S. 2021, Section 908, as amended
by Section 1, Chapter 188, O.S.L. 2023 (62 O.S. Supp.
2025), 62 O.S. 2021, Section 2310, 62 O.S. 2021,
Section 3112, 62 O.S. 2021, Section 7003, as amended
by Section 1, Chapter 125, O.S.L. 2023 (62 O.S. Supp.
2025), 62 O.S. 2021, Section 7005, as amended by
Section 3, Chapter 125, O.S.L. 2023 (62 O.S. Supp.
2025), 62 O.S. 2021, Section 9010.5; amending 63 O.S.
2021, Section 1-105d, 63 O.S. 2021, Section 1-107, 63
O.S. 2021, Section 1-107.1A, 63 O.S. 2021, Section 1-
107.2, 63 O.S. 2021, Section 1-107.3, 63 O.S. 2021,
Section 1-107.4, 63 O.S. 2021, Section 1-110.1,
Section 1, Chapter 439, O.S.L. 2024 (63 O.S. Supp.
2025), 63 O.S. 2021, Section 1-229.3, 63 O.S. 2021,
Section 1-229.33, 63 O.S. 2021, Section 1-291.3, 63
O.S. 2021, Section 1-291.5, 63 O.S. 2021, Section 1-
291.6, 63 O.S. 2021, Section 1-557, 63 O.S. 2021,
Section 1-559, 63 O.S. 2021, Section 1-570, 63-1-
580.2 as amended by Section 3, Chapter 144, O.S.L.
2025 (63 O.S. Supp. 2025), 63 O.S. 2021, Section 1-
604, 63 O.S. 2021, Section 1-723, 63 O.S. 2021,
Section 1-740.12, 63-1-740.20 as amended by Section
1, Chapter 421, O.S.L. 2024 (63 O.S. Supp. 2025), 63
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O.S. 2021, Section 1-755, 63 O.S. 2021, Section 1-
857.6, 63 O.S. 2021, Section 1-860.16, 63 O.S. 2021,
Section 330.62, as amended by Section 7, Chapter 271,
O.S.L. 2023, and as renumbered by Section 15, Chapter
271, O.S.L. 2023 (63 O.S. Supp. 2025, Section 1-
1949.5), 63 O.S. 2021, Section 1-1971, 63-1-2213.1 as
amended by Section 2, Chapter 339, O.S.L. 2024 (63
O.S. Supp. 2025), 63 O.S. 2021, Section 1-2505.2, 63
O.S. 2021, Section 1-2512.1, 63 O.S. 2021, Section 1-
2523, 63 O.S. 2021, Section 1-2530.9, 63 O.S. 2021,
Section 1-2603, 63 O.S. 2021, Section 1-2714, 63 O.S.
2021, Section 1-2733, as amended by Section 1,
Chapter 142, O.S.L. 2023 (63 O.S. Supp. 2025), 63
O.S. 2021, Section 2-103, as amended by Section 1,
Chapter 52, O.S.L. 2022 (63 O.S. Supp. 2025), 63 O.S.
2021, Section 2-106.1, 63 O.S. 2021, Section 2-107,
63 O.S. 2021, Section 2-107b, 63 O.S. 2021, Section
2-309I, as amended by Section 1, Chapter 257, O.S.L.
2022 (63 O.S. Supp. 2025), 63 O.S. 2021, Section 2-
417, 63 O.S. 2021, Section 2-503.2, 63 O.S. 2021,
Section 2-512, 63 O.S. 2021, Section 79, 63 O.S.
2021, Section 122.2, Section 330.52a, as last amended
by Section 2, Chapter 271, O.S.L. 2023, 330.98, as
amended by Section 1, Chapter 173, O.S.L. 2022,
427.3, as last amended by Section 137, Chapter 452,
O.S.L. 2024, 427.3a, as amended by Section 1, Chapter
236, O.S.L. 2024, 427.3b, as amended by Section 5,
Chapter 322, O.S.L. 2023, 427.14, as last amended by
Section 2, Chapter 494, O.S.L. 2025, 427.23, as
amended by Section 22, Chapter 251, O.S.L. 2022,
485.11, 485.12, 683.4, 683.24B, as last amended by
Section 2, Chapter 11, 1st Extraordinary Session,
O.S.L. 2023, 690.10, as last amended by Section 1,
Chapter 319, O.S.L. 2024, 954, 2056, 2058, 2065, as
last amended by Section 2, Chapter 328, O.S.L. 2023,
2220.3, as amended by Section 197, Chapter 282,
O.S.L. 2022, 2418, 2869, 3208, 3240.6, 3276, as
amended by Section 2, Chapter 334, O.S.L. 2023,
3278.1, as amended by Section 1, Chapter 295, O.S.L.
2024, 3294, as amended by Section 4, Chapter 386,
O.S.L. 2025, 4236, 5003, as amended by Section 1,
Chapter 123, O.S.L. 2024, 5016, 5017, 5020, 5020A, as
amended by Section 1, Chapter 468, O.S.L. 2025, and
5061.2 (63 O.S. Supp. 2025, Section 330.52a, 330.98,
427.3, 427.3a, 427.3b, 427.14, 427.23, 683.24B,
690.10, 2065, 2220.3, 3276, 3278.1, 3294, 5003, and
5020A); amending 64 O.S. 2021, Sections 1036, 1078,
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1096, as amended by Section 1, Chapter 429, O.S.L.
2024; amending 65 O.S. 2021, Sections 2-107 and 4-
107; amending 66 O.S. 2021, Section 304, as amended
by Section 556, Chapter 486, O.S.L. 2025 (66 O.S.
Supp. 2025, Section 304); amending 67 O.S. 2021,
Section 206, as amended by Section 2, Chapter 17,
O.S.L. 2024 (67 O.S. Supp. 2025, Section 206);
amending 68 O.S. 2021, Section 113, as last amended
by Section 69, Chapter 171, O.S.L. 2025, 117, 118, as
amended by Section 35, Chapter 310, O.S.L. 2023,
205.6, as amended by Section 1, Chapter 295, O.S.L.
2025, 238.2, as amended by Section 1, Chapter 393,
O.S.L. 2022, 263, 265, as amended by Section 1,
Chapter 260, O.S.L. 2024, 270, 305.2, 400.6, 451,
1353, as last amended by Section 4, Chapter 441,
O.S.L. 2024, 1356, as last amended by Section 4,
Chapter 444, O.S.L. 2024, 1357.22, Section 2, Chapter
353, O.S.L. 2025, 1403, 2352, 2355, 2355.2, 2357.1a-
1, 2357.1A-2, 2357.65A, 2357.76A, 2368.3, 2368.3a,
2368.5, 2368.6, 2368.7, 2368.13, 2368.14, 2368.15,
2368.16, as amended by Section 1, Chapter 196, O.S.L.
2025, 2368.16, as amended by Section 1, Chapter 196,
O.S.L. 2025, 2368.16, as amended by Section 1,
Chapter 196, O.S.L. 2025, 2368.17, 2368.19, 2368.20,
2368.21, 2368.22, 2368.23, 2368.24, 2368.26, 2368.28,
2368.29, 2368.30, 2368.31, 2702, 3603, as amended by
Section 1, Chapter 102, O.S.L. 2025, 3606, as amended
by Section 1, Chapter 102, O.S.L. 2025, 3625, 3639,
3642.6, as amended by Section 6, Chapter 380, O.S.L.
2025, 3645.6, as amended by Section 2, Chapter 1,
O.S.L. 2023, 3647.5, as amended by Section 5, Chapter
309, O.S.L. 2025, 6512, 50001, 50014, and 55010, as
amended by Section 4, Chapter 353, O.S.L. 2024 (68
O.S. Supp. 2025, Sections 118, 205.6, 238.2, 265,
1353, 1356, 1357.22, 2368.16, 3603, 3642.6, 3645.6,
3647.5, and 55010); amending 69 O.S. 2021, Section
306, as amended by Section 18, Chapter 116, O.S.L.
2022, 404, 506, 507, 508, as amended by Section 1,
Chapter 490, O.S.L. 2025, 636.3, 687.2, 687.3, 708.2,
1001, as amended by Section 1, Chapter 2, O.S.L.
2025, 1507, 1512, 1521, as amended by Section 1,
Chapter 460, O.S.L. 2025, 1736, 1963, as amended by
Section 1, Chapter 274, O.S.L. 2022, 1931 and 4031
(69 O.S. Supp. 2025, Sections 306, 508, 1001, 1521,
and 1963); amending 70 O.S. 2021, Sections 1-123, 3-
104.11, 3-109, 3-117; amending 70 O.S. 2021, Section
3-118, Section 1, Chapter 323, O.S.L. 2023 (70 O.S.
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Supp. 2025, Section 3-132.1), Section 2, Chapter 323,
O.S.L. 2023 (70 O.S. Supp. 2025, Section 3-132.2),
Section 3, Chapter 323, O.S.L. 2023 (70 O.S. Supp.
2025, Section 3-132.3), 70 O.S. 2021, Section 3-142,
as last amended by Section 2, Chapter 294, O.S.L.
2025 (70 O.S. Supp. 2025, Section 3-142), 70 O.S.
2021, Section 3-145.7, as amended by Section 15,
Chapter 323, O.S.L. 2023 (70 O.S. Supp. 2025, Section
3-145.7), 70 O.S. 2021, Section 3-168, 70 O.S. 2021,
Section 3-173, as amended by Section 1, Chapter 306,
O.S.L. 2023 (70 O.S. Supp. 2025, Section 3-173), 70
O.S. 2021, Section 5-117a, Section 2, Chapter 281,
O.S.L. 2023, as amended by Section 2, Chapter 408,
O.S.L. 2024 (70 O.S. Supp. 2025, Section 5-148.2),
Section 7, Chapter 291, O.S.L. 2023 (70 O.S. Supp.
2025, Section 6-104.9), Section 8, Chapter 291,
O.S.L. 2023 (70 O.S. Supp. 2025, Section 6-104.10),
70 O.S. 2021, Section 6-132, 70 O.S. 2021, Section 6-
187C, 70 O.S. 2021, Section 6-191, 70 O.S. 2021,
Section 6-204.3, 70 O.S. 2021, Section 6-204.4, 70
O.S. 2021, Section 6-204.5, 70 O.S. 2021, Section 6-
206.1, 70 O.S. 2021, Section 9-119, 70 O.S. 2021,
Section 11-103.6h-1, as amended by Section 3, Chapter
264, O.S.L. 2024 (70 O.S. Supp. 2025, Section 11-
103.6h-1), 70 O.S. 2021, Section 11-103.14, 70 O.S.
2021, Section 13-114.1, 70 O.S. 2021, Section 13-
124.1, 70 O.S. 2021, Section 14-130, 70 O.S. 2021,
Section 14-133, Section 2, Chapter 390, O.S.L. 2025
(70 O.S. Supp. 2025, Section 14-141), Section 22,
Chapter 344, O.S.L. 2025 (70 O.S. Supp. 2025, Section
14-143), 70 O.S. 2021, Section 17-106, 70 O.S. 2021,
Section 17-121, 70 O.S. 2021, Section 18-105, 70 O.S.
2021, Section 18-118.1, 70 O.S. 2021, Section 18-162,
70 O.S. 2021, Section 18-400, 70 O.S. 2021, Section
21-116, 70 O.S. 2021, Section 23-126, 70 O.S. 2021,
Section 625.4a, as amended by Section 10, Chapter
407, O.S.L. 2022 (70 O.S. Supp. 2025, Section
625.4a), 70 O.S. 2021, Section 697.7, as amended by
Section 21, Chapter 407, O.S.L. 2022 (70 O.S. Supp.
2025, Section 697.7), 70 O.S. 2021, Section 697.8, as
amended by Section 22, Chapter 407, O.S.L. 2022 (70
O.S. Supp. 2025, Section 697.8), 70 O.S. 2021,
Section 697.10, as amended by Section 24, Chapter
407, O.S.L. 2022 (70 O.S. Supp. 2025, Section
697.10), 70 O.S. 2021, Section 697.11, as amended by
Section 25, Chapter 407, O.S.L. 2022 (70 O.S. Supp.
2025, Section 697.11), 70 O.S. 2021, Section 697.17,
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as amended by Section 29, Chapter 407, O.S.L. 2022
(70 O.S. Supp. 2025, Section 697.17), 70 O.S. 2021,
Section 697.18, as amended by Section 30, Chapter
407, O.S.L. 2022 (70 O.S. Supp. 2025, Section
697.18), 70 O.S. 2021, Section 697.19, as amended by
Section 31, Chapter 407, O.S.L. 2022 (70 O.S. Supp.
2025, Section 697.19), 70 O.S. 2021, Section 697.21,
as amended by Section 33, Chapter 407, O.S.L. 2022
(70 O.S. Supp. 2025, Section 697.21), Section 2,
Chapter 407, O.S.L. 2022 (70 O.S. Supp. 2025, Section
697.21b), Section 2, Chapter 493, O.S.L. 2025 (70
O.S. Supp. 2025, Section 698.5), 70 O.S. 2021,
Section 1210.402, Section 1, Chapter 411, O.S.L.
2024, as amended by Section 4, Chapter 297, O.S.L.
2025 (70 O.S. Supp. 2025, Section 1210.508I), Section
7, Chapter 492, O.S.L. 2025 (70 O.S. Supp. 2025,
Section 1210.906), 70 O.S. 2021, Section 3205, 70
O.S. 2021, Section 3210, 70 O.S. 2021, Section 3213,
70 O.S. 2021, Section 3213.1, as amended by Section
2, Chapter 312, O.S.L. 2025 (70 O.S. Supp. 2025,
Section 3213.1), Section 2, Chapter 24, O.S.L. 2022
(70 O.S. Supp. 2025, Section 3232), 70 O.S. 2021,
Section 3311.3, 70 O.S. 2021, Section 3311.6, 70 O.S.
2021, Section 3311.7, 70 O.S. 2021, Section 3311.8,
70 O.S. 2021, Section 3311.13, 70 O.S. 2021, Section
3407.3, 70 O.S. 2021, Section 3426, 70 O.S. 2021,
Section 3431, 70 O.S. 2021, Section 3509, 70 O.S.
2021, Section 3903, 70 O.S. 2021, Section 3905, 70
O.S. 2021, Section 3953.1, as amended by Section 4,
Chapter 330, O.S.L. 2024 (70 O.S. Supp. 2025, Section
3953.1), Section 2, Chapter 122, O.S.L. 2023 (70 O.S.
Supp. 2025, Section 4103.1), 70 O.S. 2021, Section
4663, as amended by Section 1, Chapter 230, O.S.L.
2024 (70 O.S. Supp. 2025, Section 4663), 70 O.S.
2021, Section 4713, Section 8, Chapter 75, O.S.L.
2025 (70 O.S. Supp. 2025, Section 9108); amending 71
O.S. 2021, Section 1-601, as last amended by Section
1, Chapter 225, O.S.L. 2023 (71 O.S. Supp. 2025,
Section 1-601), 71 O.S. 2021, Section 1-612, as
amended by Section 41, Chapter 77, O.S.L. 2022 (71
O.S. Supp. 2025, Section 1-612); amending Section 1,
Chapter 79, O.S.L. 2022 (72 O.S. Supp. 2025, Section
35), 72 O.S. 2021, Section 48, 72 O.S. 2021, Section
63.11a, 72 O.S. 2021, Section 63.16, 72 O.S. 2021,
Section 63.19, 72 O.S. 2021, Section 65.1, 72 O.S.
2021, Section 67.13, 72 O.S. 2021, Section 221.5, as
amended by Section 14, Chapter 83, O.S.L. 2022 (72
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O.S. Supp. 2025, Section 221.5), 72 O.S. 2021,
Section 222, as amended by Section 2, Chapter 42,
O.S.L. 2024 (72 O.S. Supp. 2025, Section 222), 72
O.S. 2021, Section 223, 72 O.S. 2021, Section 240, as
last amended by Section 5, Chapter 42, O.S.L. 2024
(72 O.S. Supp. 2025, Section 240), 72 O.S. 2021,
Section 403, 72 O.S. 2021, Section 404, 72 O.S. 2021,
Section 411; amending 73 O.S. 2021, Section 15, 73
O.S. 2021, Section 15.1, 73 O.S. 2021, Section 15.3,
as amended by Section 1, Chapter 383, O.S.L. 2025 (73
O.S. Supp. 2025, Section 15.3), 73 O.S. 2021, Section
15.4, 73 O.S. 2021, Section 19, 73 O.S. 2021, Section
22, 73 O.S. 2021, Section 24, 73 O.S. 2021, Section
26, 73 O.S. 2021, Section 62.2, 73 O.S. 2021, Section
83.1, as last amended by Section 1, Chapter 16,
O.S.L. 2025 (73 O.S. Supp. 2025, Section 83.1), 73
O.S. 2021, Section 83.10, 73 O.S. 2021, Section
83.14, 73 O.S. 2021, Section 92, 73 O.S. 2021,
Section 96, 73 O.S. 2021, Section 97, 73 O.S. 2021,
Section 99.15, 73 O.S. 2021, Section 163, 73 O.S.
2021, Section 163.3, 73 O.S. 2021, Section 168.7, 73
O.S. 2021, Section 168.8, 73 O.S. 2021, Section 173,
as amended by Section 2, Chapter 429, O.S.L. 2024 (73
O.S. Supp. 2025, Section 173), 73 O.S. 2021, Section
179, 73 O.S. 2021, Section 180, 73 O.S. 2021, Section
181, 73 O.S. 2021, Section 184, Section 1, Chapter 7,
1st Extraordinary Session, O.S.L. 2023 (73 O.S. Supp.
2025, Section 187A-5), Section 1, Chapter 10, 1st
Extraordinary Session, O.S.L. 2023 (73 O.S. Supp.
2025, Section 187A-6), Section 2, Chapter 1, 1st
Extraordinary Session, O.S.L. 2023, as amended by
Section 1, Chapter 393, O.S.L. 2024 (73 O.S. Supp.
2025, Section 187B), Section 3, Chapter 441, O.S.L.
2024, as amended by Section 2, Chapter 439, O.S.L.
2025 (73 O.S. Supp. 2025, Section 188A), Section 2,
Chapter 441, O.S.L. 2024, as amended by Section 3,
Chapter 439, O.S.L. 2025 (73 O.S. Supp. 2025, Section
188B); amending 73 O.S. 2021, Sections 206, 209,
Sections 301, as amended by Section 19, Chapter 83,
O.S.L. 2022 (73 O.S. Supp. 2025, Section 301), 301.1,
304.2, 321, 336, 345, 346, Section 2, Chapter 311,
O.S.L. 2024 (73 O.S. Supp. 2025, Section 402),
Section 1, Chapter 269, O.S.L. 2025 (73 O.S. Supp.
2025, Section 403); amending 74 O.S. 2021, Section
9.33, Section 18c, as amended by Section 5, Chapter
199, O.S.L. 2025 (74 O.S. Supp. 2025, Section 18c),
Section 18l, Section 1, Chapter 312, O.S.L. 2024 (74
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O.S. Supp. 2025, Section 18q-1), Sections 19.1, 19.3,
Section 20, as amended by Section 1, Chapter 138,
O.S.L. 2022 (74 O.S. Supp. 2025, Section 20), Section
2, Chapter 394, O.S.L. 2024 (74 O.S. Supp. 2025,
Section 20k-1B), Section 30.2, Section 51.1a, as last
amended by Section 2, Chapter 257, O.S.L. 2024 (74
O.S. Supp. 2025, Section 51.1a), Section 51.2, as
last amended by Section 3, Chapter 257, O.S.L. 2024
(74 O.S. Supp. 2025, Section 51.2), Section 51.2c, as
last amended by Section 6, Chapter 257, O.S.L. 2024
(74 O.S. Supp. 2025, Section 51.2c), Sections 61.2,
61.3, 61.4, Section 61.8, as amended by Section 1,
Chapter 194, O.S.L. 2025 (74 O.S. Supp. 2025, Section
61.8), Section 1, Chapter 290, O.S.L. 2025 (74 O.S.
Supp. 2025, Section 61.9), Sections 62.2, 62.3, as
amended by Section 1, Chapter 384, O.S.L. 2025 (74
O.S. Supp. 2025, Section 62.3), 62.6, 62.7, Section
63, as amended by Section 7, Chapter 199, O.S.L. 2025
(74 O.S. Supp. 2025, Section 63), 63.1, 63.1a. 63.2,
63.3, 63.4, 63.5, 63.6, 66, Section 71, as amended by
Section 306, Chapter 486, O.S.L. 2025 (74 O.S. Supp.
2025, Section 71), 72, 74.1, 75a, 76, 76a, 76b, 76c,
77c, 77d, Section 78, as amended by Section 1,
Chapter 351, O.S.L. 2023 (74 O.S. Supp. 2025, Section
78), Section 78a, as amended by Section 8, Chapter
199, O.S.L. 2025 (74 O.S. Supp. 2025, Section 78a),
Section 78b, as amended by Section 9, Chapter 199,
O.S.L. 2025 (74 O.S. Supp. 2025, Section 78b), 78c,
78e, 78f, 80.1, Section 85.3, as amended by Section
1, Chapter 136, O.S.L. 2024 (74 O.S. Supp. 2025,
Section 85.3), Section 85.5, as amended by Section 1,
Chapter 102, O.S.L. 2024 (74 O.S. Supp. 2025, Section
85.5), 85.5.1, 85.5a, Section 85.7, as last amended
by Section 1, Chapter 339, O.S.L. 2023 (74 O.S. Supp.
2025, Section 85.7), 85.22, 85.33, 85.33A, 85.41A,
85.44D.1, 85.44E, 85.45b 85.45e, 85.45f, 85.45g,
Section 85.45h, as amended by Section 581, Chapter
486, O.S.L. 2025 (74 O.S. Supp. 2025, Section
85.45h), 85.45j.11, 85.45k, 85.45l, 85.45s, 85.47a,
85.47b, 85.47c, 85.47d, 85.47f, 85.47g, 85.47i,
85.51, 85.52, 85.53, 85.54, 85.55a, 85.56, 85.57,
Section 85.58A, as amended by Section 4, Chapter 245,
O.S.L. 2024 (74 O.S. Supp. 2025, Section 85.58A),
Section 85.58B, as amended by Section 1, Chapter 212,
O.S.L. 2025 (74 O.S. Supp. 2025, Section 85.58B),
85.58D, Section 85.58G, Section 85.58H, as amended by
Section 240, Chapter 282, O.S.L. 2022 (74 O.S. Supp.
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2025, Section 85.58H), 85.58J, Section 85.58K, as
amended by Section 1, Chapter 163, O.S.L. 2024 (74
O.S. Supp. 2025, Section 85.58K), 85.58L, 85.58M,
85.58N, 85.58P, 85.58Q, 85.58T, 85.58V, 85.60,
Section 380, as amended by Section 1, Chapter 256,
O.S.L. 2024, and as renumbered by Section 3, Chapter
256, O.S.L. 2024 (74 O.S. Supp. 2025, Section 85.70),
Section 2, Chapter 256, O.S.L. 2024 (74 O.S. Supp.
2025, Section 85.71), 90.1, 94, 95; amending 74 O.S.
2021, Section 110.1, 74 O.S. 2021, Section 110.2, 74
O.S. 2021, Section 110.3, Section 1, Chapter 24, 1st
Extraordinary Session, O.S.L. 2023 (74 O.S. Supp.
2025, Section 110.5), 74 O.S. 2021, Section 111, 74
O.S. 2021, Section 114, 74 O.S. 2021, Section 121, 74
O.S. 2021, Section 123F, 74 O.S. 2021, Section 130,
74 O.S. 2021, Section 130.4, 74 O.S. 2021, Section
130.9, 74 O.S. 2021, Section 130.25, 74 O.S. 2021,
Section 150.2, as amended by Section 1, Chapter 240,
O.S.L. 2023 (74 O.S. Supp. 2025, Section 150.2), 74
O.S. 2021, Section 150.6a, 74 O.S. 2021, Section
150.19a, Section 1, Chapter 38, 1st Extraordinary
Session, O.S.L. 2023 (74 O.S. Supp. 2025, Section
150.19b), 74 O.S. 2021, Section 150.25, 74 O.S. 2021,
Section 150.32, 74 O.S. 2021, Section 150.35, 74 O.S.
2021, Section 152.5, 74 O.S. 2021, Section 166.5, 74
O.S. 2021, Section 166.7, 74 O.S. 2021, Section
166.9, 74 O.S. 2021, Section 168, 74 O.S. 2021,
Section 212A, 74 O.S. 2021, Section 213.2, 74 O.S.
2021, Section 227.9, 74 O.S. 2021, Section 291.2, 74
O.S. 2021, Section 292.12, 74 O.S. 2021, Section
324.2, 74 O.S. 2021, Section 324.20b, as amended by
Section 4, Chapter 311, O.S.L. 2022 (74 O.S. Supp.
2025, Section 324.20b), 74 O.S. 2021, Section 325.4,
74 O.S. 2021, Section 452.10, 74 O.S. 2021, Section
452.12, 74 O.S. 2021, Section 500.2, as amended by
Section 1, Chapter 63, O.S.L. 2022 (74 O.S. Supp.
2025, Section 500.2), 74 O.S. 2021, Section 500.6A,
74 O.S. 2021, Section 500.9, as amended by Section 5,
Chapter 63, O.S.L. 2022 (74 O.S. Supp. 2025, Section
500.9), 74 O.S. 2021, Section 500.14, 74 O.S. 2021,
Section 500.16, as amended by Section 8, Chapter 63,
O.S.L. 2022 (74 O.S. Supp. 2025, Section 500.16), 74
O.S. 2021, Section 500.15, as amended by Section 7,
Chapter 63, O.S.L. 2022 (74 O.S. Supp. 2025, Section
500.15), 74 O.S. 2021, Section 500.16A, 74 O.S. 2021,
Section 500.18, as last amended by Section 1, Chapter
325, O.S.L. 2022 (74 O.S. Supp. 2025, Section
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500.18), 74 O.S. 2021, Section 500.54, 74 O.S. 2021,
Section 588, 74 O.S. 2021, Section 588.1, 74 O.S.
2021, Section 589, 74 O.S. 2021, Section 589.1, 74
O.S. 2021, Section 666, 74 O.S. 2021, Section 669.1,
74 O.S. 2021, Section 840-1.3, as amended by Section
2, Chapter 243, O.S.L. 2022 (74 O.S. Supp. 2025,
Section 840-1.3), 74 O.S. 2021, Section 840-1.6, as
amended by Section 3, Chapter 243, O.S.L. 2022 (74
O.S. Supp. 2025, Section 840-1.6), 74 O.S. 2021,
Section 840-1.6A, as amended by Section 4, Chapter
243, O.S.L. 2022 (74 O.S. Supp. 2025, Section 840-
1.6A), 74 O.S. 2021, Section 840-1.20, as amended by
Section 7, Chapter 243, O.S.L. 2022 (74 O.S. Supp.
2025, Section 840-1.20), 74 O.S. 2021, Section 840-
2.7, 74 O.S. 2021, Section 840-2.10, 74 O.S. 2021,
Section 840-2.10a, as amended by Section 9, Chapter
243, O.S.L. 2022 (74 O.S. Supp. 2025, Section 840-
2.10a), 74 O.S. 2021, Section 840-2.13, as amended by
Section 10, Chapter 243, O.S.L. 2022 (74 O.S. Supp.
2025, Section 840-2.13), 74 O.S. 2021, Section 840-
2.14, as amended by Section 11, Chapter 243, O.S.L.
2022 (74 O.S. Supp. 2025, Section 840-2.14), 74 O.S.
2021, Section 840-2.15, 74 O.S. 2021, Section 840-
2.17, as amended by Section 13, Chapter 243, O.S.L.
2022 (74 O.S. Supp. 2025, Section 840-2.17), 74 O.S.
2021, Section 840-2.18, as last amended by Section 1,
Chapter 18, 1st Extraordinary Session, O.S.L. 2023
(74 O.S. Supp. 2025, Section 840-2.18), 74 O.S. 2021,
Section 840-2.19, as amended by Section 15, Chapter
243, O.S.L. 2022 (74 O.S. Supp. 2025, Section 840-
2.19), 74 O.S. 2021, Section 840-2.20, as last
amended by Section 172, Chapter 452, O.S.L. 2024 (74
O.S. Supp. 2025, Section 840-2.20), 74 O.S. 2021,
Section 840-2.20A, 74 O.S. 2021, Section 840-2.20C,
Section 1, Chapter 32, 1st Extraordinary Session,
O.S.L. 2023 (74 O.S. Supp. 2025, Section 840-2.20D),
74 O.S. 2021, Section 840-2.21, as amended by Section
17, Chapter 243, O.S.L. 2022 (74 O.S. Supp. 2025,
Section 840-2.21), 74 O.S. 2021, Section 840-2.22, 74
O.S. 2021, Section 840-2.23, as amended by Section
18, Chapter 243, O.S.L. 2022 (74 O.S. Supp. 2025,
Section 840-2.23), 74 O.S. 2021, Section 840-2.26, 74
O.S. 2021, Section 840-2.27C, as last amended by
Section 1, Chapter 341, O.S.L. 2024 (74 O.S. Supp.
2025, Section 840-2.27C), 74 O.S. 2021, Section 840-
2.27D, as last amended by Section 2, Chapter 341,
O.S.L. 2024 (74 O.S. Supp. 2025, Section 840-2.27D),
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74 O.S. 2021, Section 840-2.27E, 74 O.S. 2021,
Section 840-3.1, 74 O.S. 2021, Section 840-3.1A, 74
O.S. 2021, Section 840-4.6, as amended by Section 2,
Chapter 244, O.S.L. 2022 (74 O.S. Supp. 2025, Section
840-4.6), 74 O.S. 2021, Section 840-4.17, 74 O.S.
2021, Section 842, 74 O.S. 2021, Section 845, 74 O.S.
2021, Section 865, 74 O.S. 2021, Section 905, 74 O.S.
2021, Section 907, 74 O.S. 2021, Section 913, as
amended by Section 3, Chapter 146, O.S.L. 2023 (74
O.S. Supp. 2025, Section 913), 74 O.S. 2021, Section
920, 74 O.S. 2021, Section 935.6, 74 O.S. 2021,
Section 941, 74 O.S. 2021, Section 943, 74 O.S. 2021,
Section 1222A, 74 O.S. 2021, Section 1224, 74 O.S.
2021, Section 1226.2, 74 O.S. 2021, Section 1226.4A,
74 O.S. 2021, Section 1226.17, 74 O.S. 2021, Section
1226.18, 74 O.S. 2021, Section 1226.19, 74 O.S. 2021,
Section 1226.21, 74 O.S. 2021, Section 1303, 74 O.S.
2021, Section 1304.1, as last amended by Section 1,
Chapter 379, O.S.L. 2025 (74 O.S. Supp. 2025, Section
1304.1), 74 O.S. 2021, Section 1314.3, as amended by
Section 20, Chapter 379, O.S.L. 2025 (74 O.S. Supp.
2025, Section 1314.3), 74 O.S. 2021, Section 1316.1,
as amended by Section 24, Chapter 379, O.S.L. 2025
(74 O.S. Supp. 2025, Section 1316.1), 74 O.S. 2021,
Section 1321V2, as last amended by Section 29,
Chapter 379, O.S.L. 2025 (74 O.S. Supp. 2025, Section
1321V2), 74 O.S. 2021, Section 1343, 74 O.S. 2021,
Section 1366, 74 O.S. 2021, Section 1372, 74 O.S.
2021, Section 1373, 74 O.S. 2021, Section 1374, 74
O.S. 2021, Section 1375, 74 O.S. 2021, Section 1604,
74 O.S. 2021, Section 1701, 74 O.S. 2021, Section
1705, 74 O.S. 2021, Section 1707, 74 O.S. 2021,
Section 1735.3, 74 O.S. 2021, Section 1811.4A, 74
O.S. 2021, Section 1811.4C, as amended by Section 1,
Chapter 75, O.S.L. 2023 (74 O.S. Supp. 2025, Section
1811.4C), 74 O.S. 2021, Section 2215, 74 O.S. 2021,
Section 2216; amending 74 O.S. 2021, Section 2229.1B,
74 O.S. 2021, Section 2243, 74 O.S. 2021, Section
2251, 74 O.S. 2021, Section 2252, 74 O.S. 2021,
Section 2253, 74 O.S. 2021, Section 2254, 74 O.S.
2021, Section 2254.1, 74 O.S. 2021, Section 2254.2,
74 O.S. 2021, Section 2255, Section 1, Chapter 425,
O.S.L. 2024, as amended by Section 1, Chapter 245,
O.S.L. 2025 (74 O.S. Supp. 2025, Section 2294.1), 74
O.S. 2021, Section 3001, as amended by Section 1,
Chapter 252, O.S.L. 2022 (74 O.S. Supp. 2025, Section
3001), Section 2, Chapter 252, O.S.L. 2022 (74 O.S.
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Supp. 2025, Section 3001.1), 74 O.S. 2021, Section
3003, as amended by Section 3, Chapter 252, O.S.L.
2022 (74 O.S. Supp. 2025, Section 3003), 74 O.S.
2021, Section 3004, as amended by Section 4, Chapter
252, O.S.L. 2022 (74 O.S. Supp. 2025, Section 3004),
74 O.S. 2021, Section 3004.1, as amended by Section
5, Chapter 252, O.S.L. 2022 (74 O.S. Supp. 2025,
Section 3004.1), 74 O.S. 2021, Section 3004.2, as
amended by Section 6, Chapter 252, O.S.L. 2022 (74
O.S. Supp. 2025, Section 3004.2), 74 O.S. 2021,
Section 3005, as amended by Section 7, Chapter 252,
O.S.L. 2022 (74 O.S. Supp. 2025, Section 3005), 74
O.S. 2021, Section 3006, as amended by Section 8,
Chapter 252, O.S.L. 2022 (74 O.S. Supp. 2025, Section
3006), 74 O.S. 2021, Section 3007, as amended by
Section 9, Chapter 252, O.S.L. 2022 (74 O.S. Supp.
2025, Section 3007), 74 O.S. 2021, Section 3008, as
amended by Section 10, Chapter 252, O.S.L. 2022 (74
O.S. Supp. 2025, Section 3008), 74 O.S. 2021, Section
3009, as amended by Section 11, Chapter 252, O.S.L.
2022 (74 O.S. Supp. 2025, Section 3009), 74 O.S.
2021, Section 3119, 74 O.S. 2021, Section 3200.2, 74
O.S. 2021, Section 3601.2, 74 O.S. 2021, Section
3605, 74 O.S. 2021, Section 3909, 74 O.S. 2021,
Section 3920, 74 O.S. 2021, Section 4103, 74 O.S.
2021, Section 4105, 74 O.S. 2021, Section 4109, 74
O.S. 2021, Section 4115A, 74 O.S. 2021, Section 4121,
74 O.S. 2021, Section 4190, 74 O.S. 2021, Section
4191, 74 O.S. 2021, Section 4192, 74 O.S. 2021,
Section 4258, 74 O.S. 2021, Section 4258.1, as
amended by Section 1, Chapter 477, O.S.L. 2025 (74
O.S. Supp. 2025, Section 4258.1), 74 O.S. 2021,
Section 4258.2, Section 1, Chapter 424, O.S.L. 2024
(74 O.S. Supp. 2025, Section 4258.3), 74 O.S. 2021,
Section 5001, 74 O.S. 2021, Section 5012, 74 O.S.
2021, Section 5013, 74 O.S. 2021, Section 5013.3, 74
O.S. 2021, Section 5020.1, 74 O.S. 2021, Section
5028, as amended by Section 5, Chapter 375, O.S.L.
2024 (74 O.S. Supp. 2025, Section 5028), 74 O.S.
2021, Section 5030, 74 O.S. 2021, Section 5060.11, 74
O.S. 2021, Section 5060.21, 74 O.S. 2021, Section
5060.24, 74 O.S. 2021, Section 5060.30, Section 1,
Chapter 21, 1st Extraordinary Session, O.S.L. 2023
(74 O.S. Supp. 2025, Section 5060.45), 74 O.S. 2021,
Section 5063.17, 74 O.S. 2021, Section 5064.8, 74
O.S. 2021, Section 5066.6, 74 O.S. 2021, Section
5085.11, as amended by Section 5, Chapter 155, O.S.L.
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2025 (74 O.S. Supp. 2025, Section 5085.11), 74 O.S.
2021, Section 5152, 74 O.S. 2021, Section 5154, 74
O.S. 2021, Section 5155, 74 O.S. 2021, Section 5156,
74 O.S. 2021, Section 5158, 74 O.S. 2021, Section
6201, 74 O.S. 2021, Section 6202, 74 O.S. 2021,
Section 6203, 74 O.S. 2021, Section 6204, 74 O.S.
2021, Section 7005, as amended by Section 1, Chapter
70, O.S.L. 2023 (74 O.S. Supp. 2025, Section 7005),
74 O.S. 2021, Section 8207, 74 O.S. 2021, Section
8402, 74 O.S. 2021, Section 8403, 74 O.S. 2021,
Section 9030.3, 74 O.S. 2021, Section 9030.6, 74 O.S.
2021, Section 9030.7, 74 O.S. 2021, Section 9030.8,
Section 2, Chapter 165, O.S.L. 2022, as amended by
Section 2, Chapter 397, O.S.L. 2025 (74 O.S. Supp.
2025, Section 9102), Section 3, Chapter 229, O.S.L.
2022 (74 O.S. Supp. 2025, Section 9202), Section 5,
Chapter 229, O.S.L. 2022, as amended by Section 1,
Chapter 336, O.S.L. 2023 (74 O.S. Supp. 2025, Section
9204), Section 8, Chapter 229, O.S.L. 2022, as
amended by Section 1, Chapter 208, O.S.L. 2023 (74
O.S. Supp. 2025, Section 9207), 17 O.S. 2021, Section
139.203, as amended by Section 11, Chapter 229,
O.S.L. 2022, and as renumbered by Section 14, Chapter
229, O.S.L. 2022 (74 O.S. Supp. 2025, Section 9210);
amending Section 26, Chapter 243, O.S.L. 2022 (75
O.S. Supp. 2025, Section 311.2); amending 80 O.S.
2021, Sections 34.2, 34.3, and 34.6; amending 82 O.S.
2021, Section 866, 82 O.S. 2021, Section 896.1, 82
O.S. 2021, Section 1020.16, 82 O.S. 2021, Section
1085.2, as last amended by Section 3, Chapter 164,
O.S.L. 2023 (82 O.S. Supp. 2025, Section 1085.2), 82
O.S. 2021, Section 1085.7A, 82 O.S. 2021, Section
1085.7C, 82 O.S. 2021, Section 1085.93, as amended by
Section 3, Chapter 138, O.S.L. 2023 (82 O.S. Supp.
2025, Section 1085.93), 82 O.S. 2021, Section 1087.6,
82 O.S. 2021, Section 1141, as amended by Section 1,
Chapter 351, O.S.L. 2024 (82 O.S. Supp. 2025, Section
1141), 82 O.S. 2021, Section 1501-205.1, as amended
by Section 1, Chapter 88, O.S.L. 2022 (82 O.S. Supp.
2025, Section 1501-205.1), 82 O.S. 2021, Section
1501-205.2, 82 O.S. 2021, Section 1801.4; amending
85A O.S. 2021, Section 19, 85A O.S. 2021, Section
28.1, 85A O.S. 2021, Section 31, 85A O.S. 2021,
Section 50, 85A O.S. 2021, Section 124, 85A O.S.
2021, Section 400, as amended by Section 3, Chapter
279, O.S.L. 2024 (85A O.S. Supp. 2025, Section 400),
85A O.S. 2021, Section 401, as amended by Section 4,
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Chapter 279, O.S.L. 2024 (85A O.S. Supp. 2025,
Section 401), 85A O.S. 2021, Section 401.1, as
amended by Section 5, Chapter 279, O.S.L. 2024 (85A
O.S. Supp. 2025, Section 401.1); modifying references
related to the Director of the Office of Management
and Enterprise Services; providing for
noncodification; and providing for codification.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law not to be
codified in the Oklahoma Statutes reads as follows:
This act shall be known and may be cited as the "Office of
Management and Enterprise Services Efficiency Act of 2026".
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 34.5.1 of Title 62, unless there
is created a duplication in numbering, reads as follows:
A. The Office of Management and Enterprise Services shall be
supervised and directed by the Chief Operating Officer.
B. The Chief Operating Officer of the Office of Management and
Enterprise Services shall organize the Office into functional units
as follows:
1. Administration;
2. Capital Assets Management;
3. Central Purchasing;
4. Human Capital Management; and
5. Risk Assessment and Compliance.
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SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 34.11.1-A of Title 62, unless
there is created a duplication in numbering, reads as follows:
The functions of the Office of Management and Enterprise
Services related to information technology shall be supervised by
the Chief Information Officer.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 34.34.1 of Title 62, unless
there is created a duplication in numbering, reads as follows:
A. The Chief Financial Officer shall perform the duties and
responsibilities previously assigned to the Office of Management and
Enterprise Services with reporting and analyzing state revenue
information and to assist in the presentation and analysis of state
revenue information as part of the duties of the State Board of
Equalization with respect to the appropriation of public funds
pursuant to Section 23 of Article X of the Oklahoma Constitution.
B. Upon request by the Governor, the Chief Financial Officer
shall provide such assistance as may be required for the preparation
of the annual Executive Budget.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 34.5.2A of Title 62, unless
there is created a duplication in numbering, reads as follows:
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A. The Governor shall appoint, with the advice and consent of
the Senate, a Chief Operating Officer (COO) of the State of
Oklahoma.
B. The COO shall have a four-year degree in public
administration, business management or a related field, and not less
than eight (8) years' experience, with progressive responsibility
and management, in public budget administration, or in a related
position involving administrative or operational responsibility, or
any equivalent combination of experience and training.
C. The COO shall be selected with special reference to his or
her training, experience, capacity and interest in the activities
embraced within Title 74 of the Oklahoma Statutes and other
applicable provisions of law. The COO's knowledge, experience, and
demonstrated abilities should encompass each of the following:
1. A comprehensive knowledge of the principles and practices of
public administration and organizational management, and a working
knowledge of governmental accounting;
2. An extensive knowledge of the organization and operations of
state departments, agencies and institutions, and of principles of
public organization and administration;
3. Demonstrated success in managing the operations of a
government entity or large organization, and in the maintenance of
effective working relationships with all state officials concerned
with state operations; and
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4. The ability to organize and present clearly oral and written
reports of findings and recommendations.
D. The Governor may remove the Chief Operating Officer for good
cause shown.
E. Any person appointed to the position of Chief Operating
Officer pursuant to the provisions of this section shall have full
authority to take any actions authorized or required by law pending
the confirmation of the person by the Oklahoma State Senate.
F. The Legislature may remove the Chief Operating Officer upon
the vote of two-thirds (2/3) of the members elected to and
constituting each chamber. If a measure is used for the removal, it
shall be in the form of a concurrent resolution and shall not be
presented to the Governor.
SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 34.5.2B of Title 62, unless
there is created a duplication in numbering, reads as follows:
A. The Governor shall appoint, with the advice and consent of
the Senate, a Chief Financial Officer of the State of Oklahoma.
B. The Chief Financial Officer shall have a four-year degree in
accounting, finance, public administration or a related field, and
not less than five (5) years experience, with progressive
responsibility and management, in a related position involving
administrative or financial responsibility, or any equivalent
combination of experience or training.
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C. The Chief Financial Officer shall be selected with special
reference to his or her training, experience, capacity and interest
in the activities embraced within the provisions of the State
Finance Act and other applicable provisions of law. The Chief
Financial Officer's knowledge, experience, and demonstrated
abilities should encompass each of the following:
1. A comprehensive knowledge of the principles and practices of
public budgeting and governmental accounting, and a working
knowledge of statistical methods;
2. An extensive knowledge of the organization and operations of
state departments, agencies and institutions, and of statutes and
regulations governing state budgeting and accounting;
3. An extensive knowledge of principles of public organization
and administration;
4. Administrative ability in the direction of staff analyses of
state budgetary and other operations, and in the maintenance of
effective working relationships with all state officials concerned
with budget administration; and
5. The ability to organize and present clearly oral and written
reports of findings and recommendations.
D. The Governor may remove the Chief Financial Officer for good
cause shown.
E. Any person appointed to the position of Chief Financial
Officer pursuant to the provisions of this section shall have full
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authority to take any actions authorized or required by law pending
the confirmation of the person by the Oklahoma State Senate.
F. The Legislature may remove the Chief Financial Officer upon
the vote of two-thirds (2/3) of the members elected to and
constituting each chamber. If a measure is used for the removal, it
shall be in the form of a concurrent resolution and shall not be
presented to the Governor.
SECTION 7. AMENDATORY 62 O.S. 2021, Section 34.2, as
amended by Section 1, Chapter 86, O.S.L. 2025 (62 O.S. Supp. 2025,
Section 34.2), is amended to read as follows:
Section 34.2. A. Agencies responsible for the collection of
monies deposited to the credit of the General Revenue Fund and each
of the Special Revenue Funds shall be subject to the provisions of
this act. Upon request of the Director of the Office of Management
and Enterprise Services Chief Financial Officer, these agencies
shall provide the Director of the Office of Management and
Enterprise Services Chief Financial Officer an itemized estimate of
funds expected to accrue to the General Revenue Fund and each of the
Special Revenue Funds for the ensuing fiscal year in the manner and
form established by the Director Chief Financial Officer, in
accordance with the duties assigned to the State Board of
Equalization in Section 23 of Article X of the Oklahoma
Constitution. Each of these agencies shall also provide to the
Director Chief Financial Officer, as requested, a written
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explanation of the methodology and relevant assumptions used in
developing the current and future revenue estimates submitted, a
statement of:
1. The prior year's actual revenue collections;
2. A projection of the current year's revenue collections; and
3. Estimated revenue collections for the ensuing fiscal year.
No expenditure shall be made from any General Revenue Fund or
Special Revenue Fund until such fund has been assigned to an agency
by law or by the Director of the Office of Management and Enterprise
Services Chief Financial Officer.
B. In addition to providing the information listed above, the
Oklahoma Tax Commission shall also provide to the Director of the
Office of Management and Enterprise Services Chief Financial Officer
a comprehensive economic report no later than two (2) weeks prior to
each of the meetings of the State Board of Equalization pursuant to
paragraphs 1 and 3 of Section 23 of Article X of the Constitution of
the State of Oklahoma. Each report shall include a summary of
recent national and state economic performance and a forecast of
national and state economic performance for the current fiscal year
and the ensuing fiscal year. These reports shall be considered a
basis upon which the itemized revenue estimates of the Commission
are developed. The report shall include an analysis of the relative
accuracy of the economic forecasts on which the previous and current
fiscal years' revenue estimates were based.
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C. The Tax Commission shall also provide all estimates,
explanations, statements, projections, reports and other documents
required by this section to the President Pro Tempore of the Senate,
members of the Senate Appropriations and Finance Committees, the
Speaker of the House of Representatives and members of the House
Appropriations and Budget Committee at the same time that such
documents are provided to the Director of the Office of Management
and Enterprise Services Chief Financial Officer.
SECTION 8. AMENDATORY 62 O.S. 2021, Section 34.3, is
amended to read as follows:
Section 34.3. A. There is hereby created in the Executive
Department, the Office of Management and Enterprise Services.
B. The Office of Management and Enterprise Services shall
manage the centralized administrative services provided to support
the operations of state agencies, including:
1. Printing and interagency mail;
2. Construction, property, and facilities;
3. Real estate and leasing;
4. Fleet;
5. Surplus property;
6. Assistance to and resources for agencies in making purchases
and suppliers seeking to do business with the state;
7. Employee benefits;
8. Human resources and professional development;
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9. Risk management;
10. Compliance with procurement laws and state, federal, and
local government regulations; and
11. State records.
C. The term "state agency" or "agency", when used in the
Oklahoma State Finance Act, shall mean any agency, board, bureau,
commission, or other entity organized within the executive
department of state government.
C. D. The term "authorization", when used in the Oklahoma State
Finance Act, shall mean the legislative authorization for an agency
to expend a certain amount of money from a specified fund or funds
during a specified period of time.
SECTION 9. AMENDATORY 62 O.S. 2021, Section 34.3.1, is
amended to read as follows:
Section 34.3.1. A. The Department of Central Services, Office
of Personnel Management, Oklahoma State Employees Benefits Council
and the State and Education Employees Group Insurance Board are
consolidated into the Office of Management and Enterprise Services.
The Director Chief Operating Officer of the Office of Management and
Enterprise Services shall assume all executive-level
responsibilities for each agency and shall function as and possess
the powers of the agency director Chief Operating Officer for each
consolidated agency as enumerated by existing statute. For the
purposes of this section the term "consolidated agencies" shall mean
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the Department of Central Services, Office of Personnel Management,
Oklahoma State Employees Benefits Council and the State and
Education Employees Group Insurance Board. Any funds appropriated
to, in the possession of or allocated to any of the consolidated
agencies shall be deemed to be funds of the Office of Management and
Enterprise Services.
B. Upon request of the Director Chief Operating Officer of the
Office of Management and Enterprise Services, the personnel of the
consolidated agencies shall deliver to the Office of Management and
Enterprise Services all books, papers, records and property of the
consolidated agencies.
C. All functions, powers, duties and obligations previously
assigned to each of the consolidated agencies are hereby transferred
to the Office of Management and Enterprise Services.
D. All rules, regulations, acts, orders, determinations and
decisions of the consolidated agencies pertaining to the functions
and powers herein transferred and assigned to the Office of
Management and Enterprise Services, in force at the time of such
transfer, assignment, assumption or devolution shall continue in
force and effect as rules, regulations, acts, orders, determinations
and decisions of the consolidated agencies until duly modified or
abrogated by the appropriate body or until otherwise provided by
law.
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SECTION 10. AMENDATORY 62 O.S. 2021, Section 34.5, is
amended to read as follows:
Section 34.5. The A. Except as provided by Section 5 of this
act and by the provisions of this section, the Governor shall
appoint a Director of the Office of Management and Enterprise
Services, by and with the consent of the Senate, who shall hold
office at the pleasure of the Governor and shall continue to serve
until a successor is duly appointed and is qualified.
B. The provisions of subsection A of this section shall
continue in force and effect until the Governor appoints a Chief
Operating Officer pursuant to the provisions of Section 5 of this
act. On and after the effective date of such appointment, the
person appointed to the position of Chief Operating Officer shall
have all authority to take such actions as may be required or
authorized by law in order to fulfill the duties of the position of
Chief Operating Officer whether or not confirmed by the Oklahoma
State Senate. Any other person appointed to the position of Chief
Operating Officer shall also have the same authority whether or not
confirmed by the Oklahoma State Senate.
SECTION 11. AMENDATORY 62 O.S. 2021, Section 34.6, as
amended by Section 2, Chapter 14, 2nd Extraordinary Session, O.S.L.
2022 (62 O.S. Supp. 2025, Section 34.6), is amended to read as
follows:
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Section 34.6. A. The Director of the Office of Management and
Enterprise Services Chief Financial Officer shall have the power and
duty under the direction of the Governor to:
1. Prepare the budget document and assist in the drafting of
legislation to make it effective;
2. Make field surveys and studies of governmental agencies,
looking toward economy and greater efficiency;
3. 2. Make allotments to control expenditures;
4. 3. Authorize transfers of appropriation authorized by law;
5. 4. Study accounting and other reports rendered by the
Division of Central Accounting and Reporting;
6. 5. Enter into agreements with the United States Secretary of
the Treasury for the purpose of implementing federal law;
7. 6. Aid the Governor in the economical management of state
affairs; and
8. 7. Adopt such rules and regulations concerning the exercise
of powers and duties as the Director Chief Financial Officer shall
deem appropriate, in accordance with the Administrative Procedures
Act.
B. In addition to other duties, the Director of the Office of
Management and Enterprise Services Chief Financial Officer shall,
upon request, advise and consult with members of the Legislature and
legislative committees concerning revenue and expenditures of state
agencies.
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C. The Director of the Office of Management and Enterprise
Services Chief Financial Officer shall publish daily reports of all
expenditures of funds from the Coronavirus Aid, Relief, and Economic
Security (CARES) Act on the Oklahoma Checkbook page on the state
website.
D. The Director of the Office of Management and Enterprise
Services Chief Financial Officer shall report weekly on the status
of all grant agreements, as provided for in Section 1 255.1 of this
act title.
E. The Director of the Office of Management and Enterprise
Services Chief Financial Officer shall report quarterly to the
chairs of the Joint Committee on Pandemic Relief Funding and make
available to the public on the state's website, a quarterly report
of all expenditures of federal funds drawn down from the American
Rescue Plan Act 2021 (ARPA), Public Law 117-2.
F. The Director of the Office of Management and Enterprise
Services Chief Financial Officer shall provide technical assistance
to agencies seeking to comply with state law and federal guidelines
as a recipient of federal funds. Technical assistance shall
include, but not be limited to, procurement and competitive bidding
requirements assistance, capital expenditure assistance, model
templates, model agreements, grants management software or other
advice, recommended reporting, and accounting of federal funds, to
all state agencies who request technical assistance.
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SECTION 12. AMENDATORY 62 O.S. 2021, Section 34.7, is
amended to read as follows:
Section 34.7. The Director of the Office of Management and
Enterprise Services Chief Financial Officer, with the approval of
the Governor, shall employ and make the appointment of such experts
and assistants as may be necessary to execute the purposes of the
Oklahoma State Finance Act. No appointments to positions shall be
made in excess of those positions authorized by the Legislature for
the Division of the Budget, the Division of Central Accounting and
Reporting and the Information Services Division.
SECTION 13. AMENDATORY 62 O.S. 2021, Section 34.9, is
amended to read as follows:
Section 34.9. The Director Chief Operating Officer of the
Office of Management and Enterprise Services is hereby authorized
and directed to classify funds in the State Treasury and to
prescribe the manner of issuance of checks or warrants against each
class of funds to accomplish the purpose for which each such fund
was created. The State Treasurer shall be, and is, required to keep
fund accounts in accordance with such classification. The Director
of the Office of Management and Enterprise Services Chief Financial
Officer shall group funds of a similar nature in a series of
classes. Accounting entities otherwise designated as funds, by
other provisions of law, may be retained, deactivated, merged with
other such entities or identified as accounts within funds as the
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Director of the Office of Management and Enterprise Services Chief
Financial Officer determines to be appropriate for purposes of the
modernization and maintenance of the fund structure of the state.
SECTION 14. AMENDATORY 62 O.S. 2021, Section 34.10, as
amended by Section 1, Chapter 99, O.S.L. 2024 (62 O.S. Supp. 2025,
Section 34.10), is amended to read as follows:
Section 34.10. The Director of the Office of Management and
Enterprise Services Chief Financial Officer shall cause to be
prepared an annual comprehensive financial report, in accordance
with generally accepted accounting principles for governments, and
shall further have the general purpose financial statements included
in the annual comprehensive financial report audited in accordance
with generally accepted auditing standards. The Director Chief
Financial Officer is hereby authorized to establish procedures and
guidelines which are consistent with those issued by the Government
Accounting Standards Board, and which shall be followed by state
agencies, colleges and universities and other entities who are
included in the report, for purposes of establishing consistent
application of accounting principles and to ensure the timeliness of
the report.
SECTION 15. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 34.11.1-A of Title 62, unless
there is created a duplication in numbering, reads as follows:
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Not later than twelve (12) months from the effective date of
this act, the Chief Information Officer shall submit a report to the
Governor, the Speaker of the Oklahoma House of Representatives and
the President Pro Tempore of the Oklahoma State Senate containing:
1. An inventory of all existing legacy systems across state
agencies and an assessment that includes the age of the system and
criticality of system functionality;
2. An inventory of all contracted technology services and
software, to include ownership status, vendor name, annual budgeted
project development costs, annual maintenance costs, and expected
end of service term; and
3. A strategic plan that includes progressive action items over
a three-year period, beginning on the July 1 date immediately
following the effective date of this act, to accomplish the
following:
a. assessment of the technology needs of individual state
agencies, including the agency's key business
functions and potential technology solutions to
improve efficiency, reduce risk, and improve delivery
of service,
b. assessment of agencies with similar business
functions,
c. prioritization of state developed or direct ownership
of software solutions and support,
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d. training programs for state employees to become the
primary support for the state's technology tools, and
e. development of Information Technology resource plans
for state agencies for budget planning.
SECTION 16. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 34.5.1A of Title 62, unless
there is created a duplication in numbering, reads as follows:
Not later than twelve (12) months from the appointment of the
Chief Operating Officer, the Chief Operating Officer shall make a
report to the Governor, the Speaker of the Oklahoma House of
Representatives and the President Pro Tempore of the Oklahoma State
Senate of the following:
1. An inventory of all leased space and annual lease costs, by
property; and
2. A strategic plan that includes progressive action items over
a three-year period ending the third complete fiscal year following
the
appointment of the Chief Operating Officer to accomplish the goals
of:
a. maximizing utilization of state-owned buildings,
whether owned by the Office of Management and
Enterprise Services or state agencies, and
b. minimizing the state's expenditures on leased space.
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SECTION 17. AMENDATORY 62 O.S. 2021, Section 34.11.1, as
amended by Section 1, Chapter 193, O.S.L. 2024 (62 O.S. Supp. 2025,
Section 34.11.1), is amended to read as follows:
Section 34.11.1. A. There is hereby created the position of
Chief Information Officer who shall be appointed by the Governor.
The Chief Information Officer, in addition to having shall have
authority over the Information Services Division of the Office of
Management and Enterprise Services, shall also serve as Secretary of
Information Technology and Telecommunications or successor cabinet
position and shall have jurisdictional areas of responsibility
related to information technology and telecommunications systems of
all state agencies as provided for in state law Office of Strategic
Technology Solutions. The salary of the Chief Information Officer
shall not be less than One Hundred Thirty Thousand Dollars
($130,000.00) or more than One Hundred Sixty Thousand Dollars
($160,000.00).
B. There is hereby created the Office of Strategic Technology
Solutions. Any funds appropriated to and in possession of the
Information Division of the Office of Management and Enterprise
Services shall be deemed to be funds of the Office of Strategic
Technology Solutions. The personnel, records and property of the
Information Services Division of the Office of Management and
Enterprise Services shall be transferred to the Office of Strategic
Technology Solutions. The primary responsibilities of this office
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and the Chief Information Officer shall be to develop technology
solutions for and with state agencies, manage state spending on
technology, provide information technology support services to
agencies, and ensure standardized cybersecurity standards across
state government.
C. Any person appointed to the position of Chief Information
Officer shall meet the following eligibility requirements:
1. A baccalaureate degree in Computer Information Systems,
Information Systems or Technology Management, Business
Administration, Finance, or other similar degree;
2. A minimum of ten (10) years of professional experience with
responsibilities for management and support of information systems
and information technology, including seven (7) years of direct
management of a major information technology operation;
3. Familiarity with local and wide-area network design,
implementation, and operation;
4. Experience with data and voice convergence service
offerings;
5. Experience in developing technology budgets;
6. Experience in developing requests for proposal and
administering the bid process;
7. Experience managing professional staff, teams, and
consultants;
8. Knowledge of telecommunications operations;
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9. Ability to develop and set strategic direction for
information technology and telecommunications and to manage daily
development and operations functions;
10. An effective communicator who is able to build consensus;
11. Ability to analyze and resolve complex issues, both logical
and interpersonal;
12. Effective verbal and written communications skills and
effective presentation skills, geared toward coordination and
education;
13. Ability to negotiate and defuse conflict; and
14. A self-motivator, independent, cooperative, flexible and
creative.
C. D. The salary and any other expenses for the Chief
Information Officer shall be budgeted as a separate line item
through the Office of Management and Enterprise Services. The
operating expenses of the Information Services Division shall be set
by the Chief Information Officer and shall be budgeted as a separate
line item through the Office of Management and Enterprise Services.
The Office of Management and Enterprise Services shall provide
adequate office space, equipment and support necessary to enable the
Chief Information Officer to carry out the information technology
and telecommunications duties and responsibilities of the Chief
Information Officer and the Information Services Division to the
Office of Strategic Technology Solutions as a standalone agency.
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D. E. 1. Within twelve (12) months of appointment, the first
Chief Information Officer shall complete an assessment, which shall
be modified annually pursuant to Section 35.5 of this title, of the
implementation of the transfer, coordination, and modernization of
all information technology and telecommunication systems of all
state agencies in the state as provided for in the Oklahoma
Information Services Act. The assessment shall include the
information technology and telecommunications systems of all
institutions within The Oklahoma State System of Higher Education,
the Oklahoma State Regents for Higher Education and the
telecommunications network known as OneNet as assembled and
submitted by the Oklahoma Higher Education Chief Information
Officer, as designated by the Oklahoma State Regents for Higher
Education.
2. Within twelve (12) months of appointment, the first Chief
Information Officer shall issue a report setting out a plan of
action which will include the following:
a. define the shared service model organization structure
and the reporting relationship of the recommended
organization,
b. the implementation of an information technology and
telecommunications shared services model that defines
the statewide infrastructure environment needed by
most state agencies that is not specific to individual
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agencies and the shared applications that are utilized
across multiple agencies,
c. define the services that shall be in the shared
services model under the control of the Information
Services Division of the Office of Management and
Enterprise Services Strategic Technology Solutions,
d. define the roadmap to implement the proposed shared
services model. The roadmap shall include
recommendations on the transfer, coordination, and
modernization of all information technology and
telecommunication systems of all the state agencies in
the state,
e. recommendations on the reallocation of information
technology and telecommunication resources and
personnel,
f. a cost benefit analysis to support the recommendations
on the reallocation of information technology and
telecommunication resources and personnel,
g. a calculation of the net savings realized through the
reallocation and consolidation of information
technology and telecommunication resources and
personnel after compensating for the cost of
contracting with a private consultant as authorized in
paragraph 4 of this subsection, implementing the plan
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of action, and ongoing costs of the Information
Services Division of the Office of Management and
Enterprise Services Strategic Technology Solutions,
and
h. the information required in subsection B of Section
35.5 of this title.
3. The plan of action report shall be presented to the
Governor, Speaker of the Oklahoma House of Representatives, and the
President Pro Tempore of the Oklahoma State Senate.
4. The Chief Information Officer may contract with a private
consultant or consultants to assist in the assessment and
development of the plan of action report as required in this
subsection.
E. F. The Chief Information Officer shall be authorized to
employ personnel, fix the duties and compensation of the personnel,
not otherwise prescribed by law, and otherwise direct the work of
the personnel in performing the function and accomplishing the
purposes of the Information Services Division of the Office of
Management and Enterprise Services Strategic Technology Solutions.
F. G. The Information Services Division of the Office of
Management and Enterprise Services Strategic Technology Solutions
shall be responsible for the following duties:
1. Formulate and implement the information technology strategy
for all state agencies;
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2. Define, design, and implement a shared services statewide
infrastructure and application environment for information
technology and telecommunications for all state agencies;
3. Direct the development and operation of a scalable
telecommunications infrastructure that supports data and voice
communications reliability, integrity, and security;
4. Supervise the applications development process for those
applications that are utilized across multiple agencies;
5. Provide direction for the professional development of
information technology staff of state agencies and oversee the
professional development of the staff of the Information Services
Division of the Office of Management and Enterprise Services
Strategic Technology Solutions;
6. Evaluate all technology and telecommunication investment
choices for all state agencies;
7. Create a plan to ensure alignment of current systems, tools,
and processes with the strategic information technology plan for all
state agencies;
8. Set direction and provide oversight for the support and
continuous upgrading of the current information technology and
telecommunication infrastructure in the state in support of enhanced
reliability, user service levels, and security;
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9. Direct the development, implementation, and management of
appropriate standards, policies and procedures to ensure the success
of state information technology and telecommunication initiatives;
10. Recruit, hire and transfer the required technical staff in
the Information Services Division of the Office of Management and
Enterprise Services to support the technology services provided by
the Division and the execution of the strategic information
technology plan;
11. Establish, maintain, and enforce information technology and
telecommunication standards;
12. Delegate, coordinate, and review all work to ensure quality
and efficient operation of the Information Services Division of the
Office of Management and Enterprise Services Strategic Technology
Solutions;
13. Create and implement a communication plan that disseminates
pertinent information to state agencies on standards, policies,
procedures, service levels, project status, and other important
information to customers of the Information Services Division of the
Office of Management and Enterprise Services Strategic Technology
Solutions and provide for agency feedback and performance evaluation
by customers of the Division;
14. Develop and implement training programs for state agencies
using the shared services of the Information Services Division of
the Office of Management and Enterprise Services Strategic
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Technology Solutions and recommend training programs to state
agencies on information technology and telecommunication systems,
products and procedures;
15. Provide counseling, performance evaluation, training,
motivation, discipline, and assign duties for employees of the
Information Services Division of the Office of Management and
Enterprise Services Strategic Technology Solutions;
16. For all state agencies, approve the purchasing of all
information technology and telecommunication services and approve
the purchase of any information technology and telecommunication
product except the following:
a. a purchase less than or equal to Five Thousand Dollars
($5,000.00) if such product is purchased using a state
purchase card and the product is listed on either the
Approved Hardware or Approved Software list located on
the Office of Management and Enterprise Services
Strategic Technology Solutions website, or
b. a purchase over Five Thousand Dollars ($5,000.00) and
less than or equal to Twenty-five Thousand Dollars
($25,000.00) if such product is purchased using a
state purchase card, the product is listed on an
information technology or telecommunications statewide
contract, and the product is listed on either the
Approved Hardware or Approved Software list located on
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the Office of Management and Enterprise Services
Strategic Technology Solutions website;
17. Develop and enforce an overall infrastructure architecture
strategy and associated roadmaps for desktop, network, server,
storage, and statewide management systems for state agencies;
18. Effectively manage the design, implementation and support
of complex, highly available infrastructure to ensure optimal
performance, on-time delivery of features, and new products, and
scalable growth;
19. Define and implement a governance model for requesting
services and monitoring service level metrics for all shared
services; and
20. Create the budget for the Information Services Division of
the Office of Management and Enterprise Services Strategic
Technology Solutions to be submitted to the Legislature each year.
G. H. The State Governmental Technology Applications Review
Board shall provide ongoing oversight of the implementation of the
plan of action required in subsection D E of this section. Any
proposed amendments to the plan of action shall be approved by the
Board prior to adoption.
H. I. 1. The Chief Information Officer shall act as the
Information Technology and Telecommunications Purchasing Director
for all state agencies and shall be responsible for the procurement
of all information technology and telecommunication software,
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hardware, equipment, peripheral devices, maintenance, consulting
services, high technology systems, and other related information
technology, data processing, telecommunication and related
peripherals and services for all state agencies. The Chief
Information Officer shall establish, implement, and enforce policies
and procedures for the procurement of information technology and
telecommunication software, hardware, equipment, peripheral devices,
maintenance, consulting services, high technology systems, and other
related information technology, data processing, telecommunication
and related peripherals and services by purchase, lease-purchase,
lease with option to purchase, lease and rental for all state
agencies. The procurement policies and procedures established by
the Chief Information Officer shall be consistent with The Oklahoma
Central Purchasing Act.
2. The Chief Information Officer, or any employee or agent of
the Chief Information Officer acting within the scope of delegated
authority, shall have the same power and authority regarding the
procurement of all information technology and telecommunication
products and services as outlined in paragraph 1 of this subsection
for all state agencies as the State Purchasing Director has for all
acquisitions used or consumed by state agencies as established in
The Oklahoma Central Purchasing Act. Such authority shall,
consistent with the authority granted to the State Purchasing
Director pursuant to Section 85.10 of Title 74 of the Oklahoma
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Statutes, include the power to designate financial or proprietary
information submitted by a bidder confidential and reject all
requests to disclose the information so designated, if the Chief
Information Officer requires the bidder to submit the financial or
proprietary information with a bid, proposal, or quotation.
I. J. The Information Services Division of the Office of
Management and Enterprise Services Strategic Technology Solutions
and the Chief Information Officer shall be subject to the Oklahoma
Central Purchasing Act for the approval and purchase of all
equipment, products, and services and shall also be subject to the
requirements of the Public Competitive Bidding Act of 1974, the
Oklahoma Lighting Energy Conservation Act and the Public Building
Construction and Planning Act. The Chief Information Officer shall
be authorized to delegate all or some of the procurement of
information technology and telecommunication products and services
and construction of facilities and telecommunication networks to
another state entity if the Chief Information Officer determines it
to be cost-effective and in the best interest of the state. The
Chief Information Officer shall have authority to designate
information technology and telecommunication contracts as statewide
contracts and mandatory statewide contracts pursuant to Section 85.5
of Title 74 of the Oklahoma Statutes and to negotiate consolidation
contracts, enterprise agreements and high technology systems
contracts. Any contract entered into by a state agency for which
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the Chief Information Officer has not acted as the Information
Technology and Telecommunications Purchasing Director as required in
this subsection or subsection H I of this section, shall be deemed
to be unenforceable and the Office of Management and Enterprise
Services Strategic Technology Solutions shall not process any claim
associated with the provisions thereof.
J. K. The Chief Information Officer shall establish, implement,
and enforce policies and procedure for the development and
procurement of an interoperable radio communications system for
state agencies. The Chief Information Officer shall work with local
governmental entities in developing the interoperable radio
communications system.
K. L. The Chief Information Officer shall develop and implement
a plan to utilize open source technology and products for the
information technology and telecommunication systems of all state
agencies.
L. M. All state agencies and authorities of this state and all
officers and employees of those entities shall work and cooperate
with and lend assistance to the Chief Information Officer and the
Information Services Division of the Office of Management and
Enterprise Services Strategic Technology Solutions and provide any
and all information requested by the Chief Information Officer.
M. N. The Chief Information Officer shall prepare an annual
report detailing the ongoing net saving attributable to the
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reallocation and consolidation of information technology and
telecommunication resources and personnel and shall submit the
report to the Governor, the Speaker of the Oklahoma House of
Representatives, and the President Pro Tempore of the Oklahoma State
Senate.
N. O. For purposes of the Oklahoma Information Services Act,
unless otherwise provided for, "state agencies" shall include any
office, officer, bureau, board, commission, counsel, unit, division,
body, authority or institution of the executive branch of state
government, whether elected or appointed; provided, except with
respect to the provisions of subsection D E of this section, the
term "state agencies" shall not include institutions within The
Oklahoma State System of Higher Education, the Oklahoma State
Regents for Higher Education and the telecommunications network
known as OneNet.
O. P. As used in this section:
1. "High technology system" means advanced technological
equipment, software, communication lines, and services for the
processing, storing, and retrieval of information by a state agency;
2. "Consolidation contract" means a contract for several state
or public agencies for the purpose of purchasing information
technology and telecommunication goods and services; and
3. "Enterprise agreement" means an agreement for information
technology or telecommunication goods and services with a supplier
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who manufactures, develops and designs products and provides
services that are used by one or more state agencies.
SECTION 18. AMENDATORY 62 O.S. 2021, Section 34.11, is
amended to read as follows:
Section 34.11. The Division of Central Accounting and Reporting
shall operate under the supervision of the Chief Financial Officer,
and be responsible for accounting and auditing duties and the
auditing and settlement of purchase orders, contracts, claims,
payrolls, and other obligations.
The Division of Central Accounting and Reporting shall prepare
uniform budget and accounting classifications for all state agencies
and shall implement appropriate accounting methods and systems in
state agencies. The Division of Central Accounting and Reporting
shall:
1. Settle all claims payable by this state;
2. Verify distribution of all taxes and other dues collected
for local governments;
3. Superintend the recovery of all debts due state government;
4. Keep the central budget and proprietary accounts of the
state government;
5. Prepare and issue financial and accounting reports, at least
quarterly;
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6. Prescribe all forms, systems, and procedure for
administering accounting for the several departments and
establishments;
7. At the request of a state agency, assist in establishing
standards, policies and procedures that ensure a strong and
effective system of internal controls and regular monitoring of
them;
8. Certify each and every requisition by a duly accredited
disbursing officer for an advance of funds from the State Treasury
to the Director of the Office of Management and Enterprise Services
Chief Financial Officer for approval; and
9. Establish a pre-audit system of settling claims for the
entire government of this state and for state agencies in which
vouchers supporting proposed payments are submitted to the Office of
Management and Enterprise Services for audit and settlement.
SECTION 19. AMENDATORY Section 1, Chapter 36, 1st
Extraordinary Session, O.S.L. 2023 (62 O.S. Supp. 2025, Section
34.11.1.2), is amended to read as follows:
Section 34.11.1.2. There is hereby created in the State
Treasury a revolving fund for the Office of Management and
Enterprise Services to be designated the "Oklahoma Employment
Security Commission Information Technology Innovation Revolving
Fund". The fund shall be a continuing fund, not subject to fiscal
year limitations, and shall consist of all monies appropriated to
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the revolving fund created herein. All monies accruing to the
credit of the fund are hereby appropriated and may be budgeted and
expended by the Office of Management and Enterprise Services for the
purpose of augmenting the information technology infrastructure of
the Oklahoma Employment Security Commission. Expenditures from the
fund shall be made upon warrants issued by the State Treasurer
against claims filed as prescribed by law with the Director Chief
Operating Officer of the Office of Management and Enterprise
Services for approval and payment.
SECTION 20. AMENDATORY 62 O.S. 2021, Section 34.22, is
amended to read as follows:
Section 34.22. There is hereby created in the State Treasury a
revolving fund for the Office of Management and Enterprise Services
to be designated the "Telecommunications Revolving Fund". The fund
shall be a continuing fund, not subject to fiscal year limitations,
and shall consist of appropriations made by the Legislature and
reimbursements for providing telecommunications services as defined
in Sections 34.19, 34.20, 34.21 and 34.24 of this title. All monies
accruing to such fund are hereby appropriated and may be budgeted
and expended by the Office of Management and Enterprise Services for
the purpose of providing telecommunications, Internet, and
eGovernment services, as referenced in Sections 34.24 and 34.25 of
this title, the construction and maintenance of information
technology facilities and services, and other related services.
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Expenditures from said fund shall be made upon warrants issued by
the State Treasurer against claims filed as prescribed by law with
the Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment.
SECTION 21. AMENDATORY 62 O.S. 2021, Section 34.27, is
amended to read as follows:
Section 34.27. A. There is hereby established the State
Governmental Technology Applications Review Board. The Board shall
be composed of the following members:
1. The Director Chief Operating Officer of the Office of
Management and Enterprise Services or a designee;
2. Four representatives from different state agencies, boards,
commissions, or authorities to be appointed by the Governor, at
least one of which shall be employed by a law enforcement agency;
3. Two members who are not state government employees to be
appointed by the Speaker of the House of Representatives; and
4. Two members who are not state government employees to be
appointed by the President Pro Tempore of the Senate.
B. Members of the Board shall serve for terms of two (2) years.
The Board shall select a chair from among its members.
C. Members of the Board shall not receive compensation for
serving on the Board, but shall be reimbursed for travel expenses
incurred in the performance of their duties by their respective
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agencies or appointing authority in accordance with the State Travel
Reimbursement Act.
D. Notwithstanding any other section of law, any member of the
Board attending a meeting via teleconference shall be counted as
being present in person and shall count toward the determination of
whether a quorum of the Board is present at the meeting.
E. The Board shall have the duty and responsibility of:
1. Reviewing for approval all convenience fees and merchant
fees as defined in Section 34.25 of this title and changes in
convenience fees and merchant fees charged by state agencies,
boards, commissions, or authorities;
2. Monitoring all portal systems and applications for portal
systems created by state agencies, boards, commissions, or
authorities, reviewing portal systems applications approved or
denied by the Information Services Division of the Office of
Management and Enterprise Services Office of Strategic Technology
Solutions, and making recommendations to the Legislature and
Governor to encourage greater use of the open-systems concept as is
defined in Section 34.26 of this title;
3. Granting an exemption for a specific license or permit to a
state agency from the requirements of Section 34.24.1 of this title.
The exemption shall be limited in time as warranted by the
circumstances. The Board shall grant the exemption only if
presented compelling evidence that the issuance of the license or
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permit requires the provision of information that cannot be provided
through an online licensing or permitting process and that the
failure of the applicant to provide the information would create a
significant risk to the integrity of the license or permit. The
exemption provided for in this paragraph shall not apply to license
renewals pursuant to the Oklahoma Vehicle License and Registration
Act;
4. Providing ongoing oversight of implementation of the plan of
action developed by the Chief Information Officer pursuant to
Section 34.11.1 of this title and approving any amendments to the
plan of action;
5. Approving charges to state agencies established by the
Information Services Division pursuant to Section 35.5 of this title
for shared services as defined in Section 35.3 of this title;
6. Functioning in an advisory capacity to the Chief Information
Officer; and
7. Approving a plan by which public elementary and secondary
schools of the state may recover the cost of instructional
technology resources issued by the schools.
SECTION 22. AMENDATORY 62 O.S. 2021, Section 34.28, is
amended to read as follows:
Section 34.28. A. The Information Services Division of the
Office of Management and Enterprise Services Strategic Technology
Solutions shall work to assure state compliance regarding
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accessibility of information technology for individuals with
disabilities based on the provisions of Section 508 of the Workforce
Investment Act of 1998.
B. When developing, procuring, maintaining or using information
technology, or when administering contracts or grants that include
the procurement, development, upgrading, or replacement of
information technology each state agency shall ensure, unless an
undue burden would be imposed on the agency, that the information
technology allows employees, program participants, and members of
the general public access to use of information and data that is
comparable to the access by individuals without disabilities.
C. To assure accessibility, the Information Services Division
Office of Strategic Technology Solutions shall:
1. Adopt accessibility standards that address all technical
standard categories of Section 508 of the Workforce Investment Act
of 1998 to be used by each state agency in the procurement of
information technology, and in the development and implementation of
custom-designed information technology systems, Web sites, and other
emerging information technology systems;
2. Adopt an accessibility clause which shall be included in all
contracts for the procurement of information technology by or for
the use of state agencies;
3. Establish and implement a review procedure to be used to
evaluate the accessibility of custom-designed information technology
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systems proposed by a state agency prior to expenditure of state
funds;
4. Review and evaluate accessibility of information technology
commonly purchased by state agencies, and provide accessibility
reports on such products to those responsible for purchasing
decisions;
5. Provide in partnership with Oklahoma Able Tech, the state
assistive technology program located at Oklahoma State University,
training and technical assistance for state agencies to assure
procurement of information technology that meets adopted
accessibility standards;
6. Consult with the State Department of Rehabilitation Services
and individuals with disabilities in accessibility reviews of
information technology and in the delivery of training and technical
assistance;
7. Establish complaint procedures, consistent with Section 508
of the Workforce Development Act of 1998, to be used by an
individual who alleges that a state agency fails to comply with the
provisions of this section;
8. Work with and seek advice from the Electronic and
Information Technology Accessibility Advisory Council, created in
Section 34.30 of this title in developing accessibility standards
and complaint procedures as required in this section; and
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9. Require state agencies to submit evidence of assurance of
compliance with state standards on accessibility of information
technology for individuals with disabilities developed in accordance
with this section.
D. The Director Chief Operating Officer of the Office of
Management and Enterprise Services shall promulgate rules, as
necessary, to implement the provisions of this section.
SECTION 23. AMENDATORY 62 O.S. 2021, Section 34.34, is
amended to read as follows:
Section 34.34. It shall be the duty of the Director Chief
Financial Officer of the Office of Management and Enterprise
Services, after making a complete detailed study of each state
agency, to prepare the budget under the supervision and direction of
the Governor.
SECTION 24. AMENDATORY 62 O.S. 2021, Section 34.35, is
amended to read as follows:
Section 34.35. Each state agency shall immediately furnish the
Director Chief Financial Officer of the Office of Management and
Enterprise Services any information concerning their respective
affairs or activities, upon request and in such form as directed.
SECTION 25. AMENDATORY 62 O.S. 2021, Section 34.36, as
amended by Section 2, Chapter 199, O.S.L. 2025 (62 O.S. Supp. 2025,
Section 34.36), is amended to read as follows:
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Section 34.36. A. On the first day of October preceding each
regular session of the Legislature, each state agency, including
those created or established pursuant to constitutional provisions,
shall report to the Director of the Office of Management and
Enterprise Services Chief Financial Officer and the Chair and Vice
Chair of the Legislative Oversight Committee on State Budget
Performance an itemized request showing the amount needed for the
ensuing fiscal year beginning with the first day of July.
B. The forms which must be used in making these reports shall
be approved by the Director of the Office of Management and
Enterprise Services Chief Financial Officer and the Legislative
Oversight Committee on State Budget Performance.
C. The forms shall be uniform, and shall clearly designate the
information to be given.
D. The information provided shall include, but not be limited
to:
1. A budget analysis of existing and proposed programs
utilizing performance-informed budgeting techniques. Such analysis
shall be included as a part of the estimate of funds needed;
2. A statement listing any other state, federal or local
agencies which administer a similar or cooperating program and an
outline of the interaction among such agencies;
3. A statement of the statutory authority for the missions and
quantified objectives of each program;
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4. A description of the groups of people served by each program
in the agency;
5. A quantification of the need for the program;
6. A description of the tactics which are intended to
accomplish each objective;
7. A list of quantifiable program outcomes which measure the
efficiency and effectiveness of each program;
8. A ranking of these programs by priority;
9. Actual program expenditures for the current fiscal year and
prior fiscal years and the number of personnel required to
accomplish each program;
10. Revenues expected to be generated by each program, if any;
11. With respect to appropriated state agencies, a detailed
listing of all employees and resources dedicated to the provision of
financial services including but not limited to procurement,
payroll, accounts receivable and accounts payable. The provisions
of this paragraph shall not be applicable to the Oklahoma State
Regents for Higher Education or to any institutions within The
Oklahoma State System of Higher Education; and
12. A certification that following the effective date of this
act and prior to July 1, 2011, no expenditure shall have been made
or funds encumbered for the purchase, lease, lease-purchase or
rental of any computers, software, telecom, information technology
hardware, firmware or information technology services, including
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support services without the prior written approval of the State
Comptroller or his or her designee.
E. These appropriated agencies shall make an itemized estimate
of needs for the ensuing fiscal year and the following two (2)
fiscal years and request for funds for the ensuing fiscal year and
an estimate of the revenues from all sources to be received by the
agency during the ensuing fiscal year and the following two (2)
fiscal years.
F. The Director of the Office of Management and Enterprise
Services Chief Financial Officer shall submit to the Governor and
the Legislative Oversight Committee on State Budget Performance no
later than the fifth day of October a complete list of all spending
agencies which have failed to submit budgets by October 1.
G. The reports required by this section shall include an
itemized listing of outstanding capital lease debt and estimated
capital lease needs for the ensuing fiscal year and the following
two (2) fiscal years, and shall be provided on forms prescribed by
the Director of the Office of Management and Enterprise Services
Chief Financial Officer.
H. For the purposes of this section, "capital lease" means a
lease-purchase agreement which provides an option for the State of
Oklahoma or its agencies to purchase property, including personal
and real property, which is the subject thereof and/or a lease
agreement that provides an option for the State of Oklahoma or its
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agencies to lease such property, which is the subject thereof, at a
nominal annual amount, after a period in which leased property is
rented at fair market value.
I. Not later than January 1, the Director Chief Operating
Officer of the Office of Management and Enterprise Services shall
publish a shared services cost-performance assessment report
documenting the amount of each state agency's cost for providing
shared services. The lowest ranking state agencies shall enter into
a contract with the Office of Management and Enterprise Services for
the provision of shared financial services, provided that the
Director Chief Operating Officer of the Office of Management and
Enterprise Services determines that implementation of such a
contract would be feasible and documents that the contractual
agreement will result in cost savings or efficiencies to the state.
Contracts required by this subsection shall be entered into at the
start of the next fiscal year. When a state agency is contracted
with the Office of Management and Enterprise Services for the
provision of shared financial services, the agency may discontinue
using shared services when documentation showing that the agency can
provide the services at a lower cost to the state is provided to and
approved by the Director Chief Operating Officer of the Office of
Management and Enterprise Services. As used in this subsection,
"shared services" means process, resource utilization or action as
defined by administrative rule. On a yearly basis the Director
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Chief Operating Officer of the Office of Management and Enterprise
Services shall compile and publish a report documenting the cost
savings resulting from shared services contracts. The provisions of
this subsection shall not be applicable to the Oklahoma State
Regents for Higher Education or to any institutions within The
Oklahoma State System of Higher Education.
SECTION 26. AMENDATORY 62 O.S. 2021, Section 34.36.1, is
amended to read as follows:
Section 34.36.1. A. Each state agency that is required to
provide an itemized budget request pursuant to the provisions of
Section 34.36 of Title 62 of the Oklahoma Statutes shall provide to
the Director of the Office of Management and Enterprise Services
Chief Financial Officer a written report, in a form approved by the
Director Chief Financial Officer, containing the following
information:
1. The amount of federal funds received by the agency;
2. The source or sources of federal funds received by the
agency;
3. A description of any action required to be taken by the
agency as a condition for the receipt or continued receipt of
federal funds; and
4. A description of any action prohibited to be taken by the
agency as a condition for the receipt or continued receipt of
federal funds.
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B. The report shall be submitted with the budget information
required by Section 34.36 of Title 62 of the Oklahoma Statutes by
the date required by that section.
C. The Director of the Office of Management and Enterprise
Services Chief Financial Officer shall post the information
contained in each agency's report on the website created pursuant to
Section 46 of Title 62 of the Oklahoma Statutes.
SECTION 27. AMENDATORY 62 O.S. 2021, Section 34.40, is
amended to read as follows:
Section 34.40. A. When lump sum appropriations are made for
personal services, or for maintenance and operations, or for
maintenance and operations including personal services, no monies so
appropriated shall be available for payments for such expenses until
a schedule of positions and salaries and the amounts to be available
for the expenses shall have been approved by the Director of the
Office of Management and Enterprise Services Chief Financial Officer
and posted to the state accounting system. The provisions of this
subsection shall not apply to such appropriations for the
Legislature or judiciary, for expenses of holding elections, or for
temporary services or day labor.
B. Any such approved schedule of positions and salaries may be
amended with the approval of the Director of the Office of
Management and Enterprise Services Chief Financial Officer.
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C. The request officer for each agency shall show the
classification of the expenditures for their agency, and such
classification shall follow the uniform budget and accounting
classifications adopted for similar spending agencies, except for
items peculiar to certain departments or institutions.
D. The Director of the Office of Management and Enterprise
Services Chief Financial Officer shall not have authority to fix the
amount of any agency salary or eliminate any position listed on such
schedule. However, the Director Chief Financial Officer shall not
approve the schedule of positions and salaries when the total amount
of funds requested to be allotted fails to reserve a sufficient
balance to finance the operations of the agency for the remainder of
that fiscal year, considering any possible failure in the revenue
estimated to be collected for that fiscal year.
E. The Director of the Office of Management and Enterprise
Services Chief Financial Officer shall not have the authority to
curtail the operation of any particular part of the program, but
shall order a reduction in the total program only where insufficient
revenues are anticipated to carry on the program for the period
concerned.
SECTION 28. AMENDATORY 62 O.S. 2021, Section 34.41, is
amended to read as follows:
Section 34.41. Appropriations shall not be available for
contractual or expenditure purposes until allotted as provided in
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the Oklahoma State Finance Act. Appropriations made by the
Legislature to each state agency are hereby declared to be maximum,
conditional and proportionate appropriations. The purpose of this
section is to make appropriations payable in full in the amounts
named only in the event that the estimated budget resources within
each state fund during each fiscal year are sufficient to pay all of
the appropriations for such fiscal year in full. It is also the
purpose of this provision to ensure that there shall be no overdraft
or deficit created in the several funds of the state at the end of
any fiscal year, and the Director of the Office of Management and
Enterprise Services Chief Financial Officer is directed and required
so to administer the Oklahoma State Finance Act to prevent such
overdraft or deficit.
SECTION 29. AMENDATORY 62 O.S. 2021, Section 34.42, as
last amended by Section 3, Chapter 199, O.S.L. 2025 (62 O.S. Supp.
2025, Section 34.42), is amended to read as follows:
Section 34.42. A. On or before the first day of June in each
year, or as soon thereafter as possible, all agencies shall file
agency budgets with the Director of the Office of Management and
Enterprise Services Chief Financial Officer. Copies of all agency
budgets shall also be made available electronically to the staff of
the Joint Legislative Committee on Budget and Program Oversight.
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B. The required instructions, content and format of agency
budgets shall be developed by the staff of the Budget Division of
the Office of Management and Enterprise Services.
C. 1. The agency budget shall include a description of all
funds available to the agency for expenditure and set out allotments
requested by the agency by quarter and the entire fiscal year.
2. The agency budget shall be accompanied by an organizational
chart of the agency, a statement of agency mission and program
objectives.
3. The agency budget shall delineate agency spending by such
categories and with at least as much detail as is specified in the
legislative appropriation and as prescribed by the Director of the
Office of Management and Enterprise Services Chief Financial
Officer.
4. Agency budgets shall be signed by the executive officer of
each agency.
5. The executive officer shall certify that the agency is in
complete compliance with the requirements of Section 34.11.3 of this
title and Section 3-114 of Title 65 of the Oklahoma Statutes.
D. A "request officer" shall be designated by each state agency
for the purpose of making program and allotment requests.
E. Executive officers of agencies shall cooperate with the
Office of Management and Enterprise Services staff and Joint
Committee staff in developing program budgeting categories.
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F. All funds available or expected to be made available to any
agency, including nonfiscal appropriations, shall not be available
for expenditure until the request officer of the agency has complied
with the applicable provisions of the Oklahoma State Finance Act and
has received approval of such request for funds from the Director of
the Office of Management and Enterprise Services Chief Financial
Officer.
SECTION 30. AMENDATORY 62 O.S. 2021, Section 34.43, is
amended to read as follows:
Section 34.43. A. All agencies of the state shall submit to
the Director of the Office of Management and Enterprise Services
Chief Financial Officer in all agency budgets, in addition to other
required information, whether such reports relate to past, present
or future expenditures, an itemization of the amount attributable to
each of the following expenses:
1. The number of persons, total amount of all salaries, the
total amount of travel and subsistence expense and the total amount
of personnel expense for:
a. data processing directors,
b. systems analysts,
c. programmers,
d. electronic data processing operators,
e. punch card machine operators,
f. data processing control personnel,
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g. data processing clerical personnel, and
h. other data processing personnel;
2. Rental of data processing equipment;
3. Purchase of data processing equipment;
4. Maintenance of data processing equipment, if not included in
rental expense;
5. Data processing supplies;
6. Data processing planning;
7. Data processing conversion from one system to another;
8. Rental and purchase of non-data processing equipment and
supplies utilized in a data processing operation;
9. Shipment of data processing equipment;
10. Rental of communication lines for transmission of data
processing information;
11. Data processing education;
12. Rental of software packages;
13. Contracting for development of systems; and
14. Other data processing expense.
B. All disbursements made from treasury funds by any state
agency for the above-named expenses shall be budgeted to and
disbursed from a special allotment account to be created by the
Director of the Office of Management and Enterprise Services Chief
Financial Officer.
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C. This section shall not preclude agencies from programming
and expending intra-agency data processing costs for cost allocation
purposes.
SECTION 31. AMENDATORY 62 O.S. 2021, Section 34.44, is
amended to read as follows:
Section 34.44. In any year in which a Governor-elect assumes
office, the budget shall be the budget of the new Governor and shall
be submitted to the Legislature by the new Governor. The Division
Office of the Budget Chief Financial Officer shall render to the
Governor-elect all possible assistance in the preparation of the
budget. The Governor and agencies of the state shall furnish the
Governor-elect estimates and other budget information, in order that
the Governor-elect may discharge effectively his or her budget
responsibilities upon assuming office.
SECTION 32. AMENDATORY 62 O.S. 2021, Section 34.47, is
amended to read as follows:
Section 34.47. A. The Division of Central Accounting and
Reporting shall allocate all revenues to the credit of any fund in
the State Treasury except the Public Building Fund, in accordance
with the provisions of Section 23 of Article X of the Oklahoma
Constitution.
B. The Director of the Office of Management and Enterprise
Services Chief Financial Officer may require that appropriations for
capital expenditures be financed by a separate cash account so that
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allocations of cash to any agency for purposes of constructing
buildings, making improvements, purchasing equipment, or other
capital expenditures, may not be used to finance the current
operations of the agency.
C. Appropriations which are nonfiscal for contractual and
expenditure purposes, shall be considered fiscal for revenue
purposes, but may be allotted for expenditure at any time within
thirty (30) months from date such acts are enacted. Revenue which
accrues to the credit of the Public Building Fund in the State
Treasury shall be allocated to the appropriations from the Public
Building Fund in consecutive order. The Governor shall designate
the order of payment of the appropriations from the Public Building
Fund. The Director of the Office of Management and Enterprise
Services Chief Financial Officer shall allocate the collections
sufficient to pay the first appropriation designated by the
Governor, before the Director Chief Financial Officer allocates any
amount to the second and so on, until all appropriations are
provided for. The contracting agency receiving such appropriation
shall not contract the same until revenue has been allocated as
provided in the Oklahoma State Finance Act.
SECTION 33. AMENDATORY 62 O.S. 2021, Section 34.49, is
amended to read as follows:
Section 34.49. A. Appropriations and/or federal funds shall be
allotted for each agency as provided by the language of the
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legislative appropriation and other applicable state law. Items may
be allotted on a monthly, quarterly, semiannual or annual basis upon
the written request of the agency and the approval of the Director
of the Office of Management and Enterprise Services Chief Financial
Officer.
B. The request officer for each agency shall present the
proposed classification of the expenditures for that agency in such
manner as may be required by the Office of Management and Enterprise
Services.
C. Each agency shall be required to identify those items that
are for capital purposes in keeping with the definition of capital
projects promulgated by the Long-Range Capital Planning Commission.
Requests for capital appropriations and an agency's original budget
request shall be for capital projects that have been submitted to
the Long-Range Capital Planning Commission for review.
D. The Director of the Office of Management and Enterprise
Services Chief Financial Officer shall review the requested
allotments with respect to the agency budget with each agency. The
Director Chief Financial Officer may require the agency to change
such allotments before approving them, if it is deemed necessary,
reserving a sufficient balance in the appropriation to finance the
operations of the agency for the remainder of any fiscal year.
E. At the end of any fiscal year, the entire amount
appropriated to any agency must be allotted to the agency by the
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Director of the Office of Management and Enterprise Services Chief
Financial Officer, except where the estimated budget resources
during any fiscal year are insufficient to pay all of the
appropriations of the state in full for such year. The Director of
the Office of Management and Enterprise Services Chief Financial
Officer shall not allot to any agency during any fiscal year, an
amount which will be in excess of the amount of revenue collected
and allocated to appropriations made to such agency.
F. In the event of a failure of revenue, the Director of the
Office of Management and Enterprise Services Chief Financial Officer
shall control the allotment to prevent obligations being incurred in
excess of the revenue to be collected. However, within each state
fund where a revenue failure occurs, the Director of the Office of
Management and Enterprise Services Chief Financial Officer shall
make all reductions apply to each state agency or special
appropriation made by the State Legislature, in the ratio that its
total appropriation for that fiscal year bears to the total of all
appropriations for that fiscal year, as provided in Section 23 of
Article X of the Oklahoma Constitution.
G. An allotment may be approved for any item for the entire
year or may be approved on a monthly, quarterly, or semiannual
basis, but in no case shall the aggregate of such allotments for any
agency exceed the total appropriation made available to such agency
for the fiscal year to which they apply. Each agency's request for
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appropriation allotments shall show the amount required to finance
each item of the request for the entire year and on a quarterly
basis within each fiscal year.
H. The Director of the Office of Management and Enterprise
Services Chief Financial Officer shall review each allotment request
for the purpose of determining whether:
1. The itemized requests are in accordance with the agency
budget;
2. The accounting classification is sufficient to reflect the
purposes for which the expenditures are to be made;
3. The current financial requirements of the agency justify the
monthly or quarterly allotment, reserving a sufficient balance to
finance the remaining months or quarters; and
4. The realization of the estimated revenues is sufficient to
allow the allotments to be made.
I. The Legislature shall be exempt from submitting any agency
budget or allotment request.
SECTION 34. AMENDATORY 62 O.S. 2021, Section 34.50, is
amended to read as follows:
Section 34.50. A. All agencies of the state which are
operating either partially or entirely from revenues derived from
sources other than legislative appropriations or authorizations
shall file requests for allotments under the same provisions as are
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required for those agencies that receive direct legislative
appropriations which distinctly specify the amount appropriated.
B. The Director of the Office of Management and Enterprise
Services Chief Financial Officer shall approve such requests for
allotments pursuant to the language of the legislative appropriation
and other applicable state law, if the estimated revenues accruing
to such fund are sufficient to finance such allotments within the
period for which the items are approved, and if the account
classification clearly shows the purposes for which the money is to
be expended. However, obligations as they are incurred may not
exceed the unencumbered balance of surplus cash on hand in
accordance with Section 23 of Article X of the Oklahoma
Constitution.
C. The Director of the Office of Management and Enterprise
Services Chief Financial Officer may require a more detailed
breakdown of accounts before approving such requests.
D. This section shall apply to agencies receiving federal
funds, but shall not apply to donated funds, trust funds or funds of
an agency relationship.
SECTION 35. AMENDATORY 62 O.S. 2021, Section 34.51, is
amended to read as follows:
Section 34.51. A. If an allotment request is approved by the
Director of the Office of Management and Enterprise Services Chief
Financial Officer, it shall be transmitted to the request officer of
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the agency concerned and to the Division of Central Accounting and
Reporting.
B. Legislative appropriations or authorizations are the legal
basis for expending the state's monies. Allotments shall be made
against these legislative appropriations or authorizations and shall
be entered on the records of the Division of Central Accounting and
Reporting in such accounts as may be required by the Director of the
Office of Management and Enterprise Services Chief Financial
Officer.
C. The allotments approved by the Director of the Office of
Management and Enterprise Services Chief Financial Officer shall be
the portion of the appropriation set aside to cover encumbrances and
expenditures for a designated purpose during a monthly, quarterly,
semiannual or annual period.
D. The Division of Central Accounting and Reporting shall not
approve claims for payment in excess of the amount allotted for each
account approved by the Director of the Office of Management and
Enterprise Services Chief Financial Officer.
E. After the first allotments for each agency of the state have
been authorized by the Director of the Office of Management and
Enterprise Services Chief Financial Officer, subsequent allotments
may be authorized upon the request of an agency and with the
approval of the Director of the Office of Management and Enterprise
Services Chief Financial Officer.
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F. The Director of the Office of Management and Enterprise
Services Chief Financial Officer may authorize new accounts in
addition to those requested in the original allotment request, or
may increase the amount allotted for a monthly, quarterly,
semiannual or annual period. A balance remaining in any of the
allotment accounts at the end of any monthly, quarterly, or semi-
annual period, shall be available for expenditure the subsequent
period; however, subsequent allotment requests and the Director's
Chief Financial Officer's approval should take into consideration
any unencumbered or unexpended balance remaining at the time such
subsequent requests are approved.
SECTION 36. AMENDATORY 62 O.S. 2021, Section 34.52, is
amended to read as follows:
Section 34.52. A. The administrative head of any agency or the
request officer may request that any current item of appropriation,
allotment, or budget category be transferred to any other budget
category within the same agency.
B. The administrative head shall make a request for budget
transfer to the Director of the Office of Management and Enterprise
Services Chief Financial Officer in writing and file a revised
agency budget.
C. Copies of the request for budget transfer and corresponding
agency budget revisions shall also be filed with the Joint
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Legislative Committee on Budget and Program Oversight as created by
Section 34.96 of this title.
D. The Director of the Office of Management and Enterprise
Services Chief Financial Officer shall approve the request for
transfer unless both the Chair and Vice Chair of the Joint
Legislative Committee on Budget and Program Oversight provide
written notification to the Director of the Office of Management and
Enterprise Services Chief Financial Officer within twelve (12)
calendar days of receipt of transfer request that the transfer
subverts the intention and objectives of the Legislature in
establishing the original appropriation, or unless the transfer does
not meet the requirements of this section or Section 34.49 of this
title. Notification of noncompliance with legislative intent shall
be transmitted to the Director of the Office of Management and
Enterprise Services Chief Financial Officer within twelve (12)
calendar days of receipt of the transfer request. The Director of
the Office of Management and Enterprise Services Chief Financial
Officer shall give written notice of approval or disapproval of each
budget transfer to the agency, the Governor and the Chair and Vice
Chair of the Joint Legislative Committee on Budget and Program
Oversight within eighteen (18) calendar days of receiving the
request.
E. Transfers shall be subject to the following limitations:
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1. The amount to be transferred, together with all previous
transfers, shall not exceed twenty-five percent (25%) of the total
appropriation of the least of the items of appropriation, allotment
or agency budget involved in the transfer; and
2. If the amount to be transferred, and all previous transfers,
is greater than twenty-five percent (25%) of the least items of
appropriation, allotment or agency budget involved in the transfer
request, the agency may make an application to the Director of the
Office of Management and Enterprise Services Chief Financial
Officer, and the Chair and Vice Chair of the Joint Legislative
Committee on Budget and Program Oversight. If the agency obtains
written approval from the Director of the Office of Management and
Enterprise Services Chief Financial Officer and the Chair and Vice
Chair of the Joint Legislative Committee Budget and Program
Oversight, an additional fifteen percent (15%) may be transferred.
SECTION 37. AMENDATORY 62 O.S. 2021, Section 34.53, as
amended by Section 1, Chapter 84, O.S.L. 2025 (62 O.S. Supp. 2025,
Section 34.53), is amended to read as follows:
Section 34.53. A. 1. The Oklahoma State System of Higher
Education, established by Article XIII-A of the Oklahoma
Constitution, shall operate an allotment system similar to the
procedure set out in the Oklahoma State Finance Act for other
agencies of the state except that the Oklahoma State Regents for
Higher Education shall be substituted for the Director of the Office
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of Management and Enterprise Services Chief Financial Officer in
connection with approving allotment requests of the constituent
institutions comprising The Oklahoma State System of Higher
Education.
2. The account classification for the State System of Higher
Education shall conform as nearly as possible with the
classification of accounts recommended by the National Committee on
Standard Reports for Institutions of Higher Education.
3. The Board of Regents shall allocate to each institution
under its control from the consolidated, or lump sum appropriation
made by the Legislature, an amount sufficient to meet the needs and
functions of each institution for the entire year.
4. The amount allocated to each institution for each fiscal
year in accordance with Article XIII-A of the Oklahoma Constitution,
shall be made in a lump sum without regard to uniform budget or
accounting classifications, but shall not be available for
expenditure until subsequently allotted by the Regents in accordance
with the uniform budget and accounting classifications recommended
by the National Committee on Standard Reports.
B. The Oklahoma State Regents for Higher Education may reduce
the allocation of funds which could otherwise be made to an
institution within The Oklahoma State System of Higher Education in
order to make payments for leases within the lease financing program
authorized by Section 3206.6a of Title 70 of the Oklahoma Statutes.
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C. 1. The Regents, with the approval of the Director of the
Office of Management and Enterprise Services Chief Financial
Officer, may allot money to any constituent institution to set up
and operate a petty cash fund at such institution. Such petty cash
fund shall be reimbursed upon the filing of claims showing the
purposes for which the funds were expended.
2. The Division of Central Accounting and Reporting shall make
cash allocations of revenue in accordance with Section 23 of Article
X of the Oklahoma Constitution, to each of the constituent
institutions. These cash allocations shall be based on the
allocations made by the Regents to each institution from the lump
sum legislative appropriations and such allocation shall be the
total appropriation for each institution, in lieu of legislative
appropriations.
3. After these funds have been allocated and allotted as
provided in this section, all institutional income shall operate as
a continuing nonfiscal appropriation which may be spent for any
educational and general purposes for which appropriated funds may be
spent. "Institutional income" for such purposes shall mean all
income available for educational and general purposes, as defined in
the uniform budget and accounting classifications recommended by the
National Committee on Standard Reports, and including income defined
by law as revolving fund income. Expenditures shall be limited to
the extent that obligations as they are incurred may not exceed the
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unencumbered balance of cash on hand in accordance with Section 23
of Article X of the Oklahoma Constitution.
D. 1. At least thirty (30) days prior to the beginning of each
fiscal year, each of the constituent institutions shall file with
the Regents its request for appropriation allotments for each of the
purposes for which expenditures are to be made.
2. Such requests shall be broken down to conform to the uniform
budget or accounting classifications recommended by the National
Committee on Standard Reports.
3. Each institution's request for appropriation allotments
shall show the amount required to finance each item of the request
for the entire year and for each quarter or each six-month period
within the fiscal year, as required by the Director Chief Financial
Officer of the Office of Management and Enterprise Services.
E. The Regents, or the official or employee who has been
authorized to approve itemized allotment requests, shall consider
the allotment requests for the purpose of making a determination
whether:
1. The current financial requirements of the institution
concerned justify the allotment to be made;
2. The accounting classification is sufficient to reflect the
purpose for which expenditures are to be made and that such
classification is in accordance with the budget classifications
adopted by the Director of the Office of Management and Enterprise
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Services Chief Financial Officer and the Regents, which shall
conform as nearly as possible to the account classification
recommended by the National Committee on Standard Reports for
Institutions of Higher Education; and
3. The realization of estimated revenues determined by the
Director of the Office of Management and Enterprise Services Chief
Financial Officer is sufficient to allow the commitments to be made.
F. 1. In allotting appropriations and other funds, and
approving subsequent allotments which may be required by each
institution, the Regents shall follow the same general procedure set
forth in the Oklahoma State Finance Act for other agencies of the
state not under the control of the Regents, except as otherwise
provided in this section.
2. All forms and account classifications shall be mutually
agreed upon by the Director of the Office of Management and
Enterprise Services Chief Financial Officer and the State Regents.
3. The Regents shall file approved requests of constituent
institutions with the Division of Central Accounting and Reporting
and such requests shall be entered on the records of the Office of
Management and Enterprise Services in the same manner as is provided
in the Oklahoma State Finance Act for other agencies of the state.
4. The State Regents and the Director of the Office of
Management and Enterprise Services Chief Financial Officer shall
approve any request from the administrative head of a constituent
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institution for amendment of the approved schedule of positions and
salaries, or transfers between items, so long as the currently
approved allotment for such purposes is not exceeded. Each such
amendment shall be filed with the Office of Management and
Enterprise Services, in such detail as may be required, prior to the
date on which the first payroll or other disbursement affected by
such amendment or transfer is submitted for payment.
G. 1. In the event that the realization of estimated revenues
at any time during the fiscal year indicates that the total revenue
for that fiscal year to any state fund will be insufficient at the
end of the fiscal year to meet the total appropriations from that
fund, the Director of the Office of Management and Enterprise
Services Chief Financial Officer shall notify the Oklahoma State
Regents for Higher Education as to the amount of reduction necessary
against the consolidated, or lump sum appropriations, made to the
Regents.
2. The Regents, in making itemized allotments during the fiscal
year, may reserve an amount sufficient to meet a reasonable failure
of revenue until receipt of notice from the Director of the Office
of Management and Enterprise Services Chief Financial Officer that
the realization of estimated revenues indicates that the total
appropriation may be allotted for expenditure. Upon receipt of
notice from the Director of the Office of Management and Enterprise
Services Chief Financial Officer of a necessary reduction in the
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consolidated, or lump sum appropriation, to meet a failure in
revenue, the Oklahoma State Regents for Higher Education shall
immediately take action to control the approval of subsequent
allotment requests sufficient to make the aggregate reduction in
allotments of all constituent institutions under their control equal
the amount of reduction ordered against the lump sum appropriation
made by the Legislature. Such reductions against the lump sum
appropriation shall not exceed the percentage reduction ordered
against other agencies of the state in accordance with Section 23 of
Article X of the Oklahoma Constitution.
SECTION 38. AMENDATORY 62 O.S. 2021, Section 34.54, is
amended to read as follows:
Section 34.54. There is hereby created in the State Treasury a
division of the State General Revenue Fund which shall be designated
the "General Revenue Cash-flow Reserve Fund". The purpose of the
General Revenue Cash-flow Reserve Fund is to make cash available for
the July cash allocation and so that, insofar as possible, each
monthly cash allocation thereafter can equal one-twelfth (1/12) of
the annual appropriation from the General Revenue Fund.
1. Each year the Director of the Office of Management and
Enterprise Services Chief Financial Officer may transfer monies from
the then current fiscal year General Revenue Fund to the General
Revenue Cash-flow Reserve Fund for the succeeding fiscal year when
the apportionment to the General Revenue Fund is in excess of
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amounts required for the allocations necessary to fund
appropriations made by the Legislature for the then current fiscal
year. The amount to be transferred shall not exceed ten percent
(10%) of the amount certified by the State Board of Equalization as
available for appropriation from the General Revenue Fund for the
next succeeding fiscal year.
2. Any monies transferred to the General Revenue Cash-flow
Reserve Fund pursuant to paragraph 1 of this section, shall be
transferred by the Director of the Office of Management and
Enterprise Services Chief Financial Officer as nonrevenue receipts
to the State General Revenue Fund in the amounts necessary to make
cash available for the July cash allocation and so that, insofar as
possible, each monthly cash allocation thereafter can equal one-
twelfth (1/12) of the annual appropriation.
3. By the first Monday of each December, the Office of
Management and Enterprise Services shall analyze and submit to the
State Board of Equalization the amount of monies remaining in the
General Revenue Cash-flow Reserve Fund which are not necessary for
current year cash-flow needs and are available for legislative
appropriation.
4. On the second Monday of June of each year, the Director of
the Office of Management and Enterprise Services Chief Financial
Officer shall close the preceding fiscal year General Revenue Cash-
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flow Reserve Fund by transfer to the then current fiscal year
General Revenue Fund.
5. Any monies in the prior year General Revenue Cash-flow
Reserve Fund which are not necessary for the current year cash-flow
needs shall be subject to legislative appropriation.
SECTION 39. AMENDATORY 62 O.S. 2021, Section 34.55, is
amended to read as follows:
Section 34.55. A. The Director of the Office of Management and
Enterprise Services Chief Financial Officer may transfer monies from
any treasury fund to the General Revenue Cash-flow Reserve Fund as
required to satisfy monthly allocations scheduled from the General
Revenue Fund for the then current fiscal year. Funds from which any
monies are so transferred shall be repaid before any transfers are
made from the General Revenue Fund to the General Revenue Cash-flow
Reserve Fund for the subsequent fiscal year.
B. The Director of the Office of Management and Enterprise
Services Chief Financial Officer may transfer monies to any treasury
fund from the General Revenue Cash-flow Reserve Fund as required to
satisfy cash-flow requirements of the federal Cash Management
Improvement Act. Funds to which any monies are so transferred shall
be repaid within the same month. If insufficient funds exist in the
General Revenue Cash-flow Reserve Fund for this purpose, the General
Revenue Fund for the then current fiscal year may be used with the
same repayment stipulations.
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SECTION 40. AMENDATORY 62 O.S. 2021, Section 34.56, is
amended to read as follows:
Section 34.56. A. There is hereby re-created, to continue
until July 1, 2008, in accordance with the provisions of the
Oklahoma Sunset Law, a Special Agency Account Board, to consist of
the Director of the Office of Management and Enterprise Services
Chief Financial Officer, the State Treasurer and the Director of the
Legislative Service Bureau. The Board shall have the authority to
approve the establishment of agency special accounts in the official
depository of the State Treasury. In the case of institutions of
higher education, the Special Agency Account Board, acting in
conjunction with the Oklahoma State Regents for Higher Education,
shall establish special agency accounts as appropriate which shall
be consistent with provisions of the Oklahoma State Finance Act, as
it relates to institutions in The Oklahoma State System of Higher
Education.
B. The Board, created by this section, shall adopt procedures
including application forms, justification and other pertinent
information as to the basis for a state agency application for the
establishment of agency special accounts.
C. The Board may approve agency special accounts for money
received by state agencies for the following purposes:
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1. Benefit programs for individuals, including, but not limited
to, unemployment compensation, workers' compensation and state
retirement programs;
2. Revenues produced by activities or facilities ancillary to
the operation of a state agency which receive no money, directly or
indirectly, from or through that state agency, including, but not
limited to, revenues from the sales of food at retail level, sales
at canteens, sales at student unions, sales at student bookstores,
receipts from athletic programs and receipts from housing.
Provided, however, that a state institution of higher learning may
purchase necessary equipment and instructional supplies and office
supplies from a student bookstore, or, subject to authorization by
the Oklahoma State Regents for Higher Education, may rent building
space for institutional use in a building operated by an
organization or entity whose existence is ancillary to the operation
of a state agency, and whose cost was financed in whole or in part
with revenue-type bonds; provided, further, that the cost of such
office supplies or space rental shall not exceed the cost of similar
supplies or rentals available commercially;
3. Gifts, devises and bequests with an agency as beneficiary,
unless otherwise provided by statute;
4. Evidence funds for law enforcement agencies;
5. Student loan funds and scholarship funds;
6. Funds held in escrow;
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7. Land Commission funds;
8. Funds for which the state agency acts as custodian,
including, but not limited to, fees from employee earnings approved
by the governing board of the agency, funds of student organizations
including student activity fees collected by an educational
institution as a separate item in enrollment procedures,
professional organizations, patients and inmates;
9. Funds used by the Oklahoma Tax Commission to pay for the
filing of liens with the Federal Aviation Administration;
10. Temporary accounts for funds arising from new or amended
legislation not otherwise provided for in statute or for other
emergency situations. Such accounts are to be utilized only pending
legislative action directing custody of such funds;
11. Payment of liability claims against the state;
12. Activities of the various Armory Boards of the Oklahoma
Military Department to receive and dispense funds derived by the
Armory Boards pursuant to Sections 232.6 and 232.7 of Title 44 of
the Oklahoma Statutes; and
13. Payment of expenses incurred in connection with the
acceptance of payments made with nationally recognized credit cards.
D. The State Treasurer is authorized to accept deposit of money
made directly to agency special accounts approved by the Board. All
money received by a state agency, as described in Section 34.57 of
this title, shall be deposited in State Treasury funds or accounts
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and no money shall be deposited in banks or other depositories
unless the bank accounts are maintained by the State Treasurer or
are for the deposit of authorized petty cash funds.
E. Money deposited in agency special accounts shall be
disbursed on vouchers issued by the state agency concerned to
accomplish the purpose for which the money was intended.
F. Funds and revenues of the Grand River Dam Authority are
exempt from the requirements of this section.
G. Funds and revenues of the Oklahoma Municipal Power Authority
are exempt from the requirements of this section.
H. Monies used for investment purposes by the Oklahoma
Firefighters Pension and Retirement System, the Oklahoma Police
Pension and Retirement System, the Uniform Retirement System for
Justices and Judges, the Oklahoma Law Enforcement Retirement System,
the Oklahoma Public Employees Retirement System, the Teachers'
Retirement System of Oklahoma, the State Insurance Fund, the
Oklahoma Employees Insurance and Benefits Board, the Commissioners
of the Land Office, and the Oklahoma State Regents for Higher
Education for its Endowment Trust Fund are exempt from the
requirements of this section, and shall be placed with the
respective custodian bank or trust company.
SECTION 41. AMENDATORY 62 O.S. 2021, Section 34.58, is
amended to read as follows:
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Section 34.58. A. Each state agency shall furnish to the
Director of the Office of Management and Enterprise Services Chief
Financial Officer, in such form as the Director Chief Financial
Officer shall prescribe, detailed information showing the income,
disbursements, and transfers for each agency clearing account and
each agency's special account. Income, disbursements and transfers
shall be identified in accordance with code designations as provided
in the accounting procedures of the Office of Management and
Enterprise Services.
B. The Director of the Office of Management and Enterprise
Services Chief Financial Officer may approve any modification in the
code designations of income, disbursements and transfers that he or
she finds expedient.
C. The State Treasurer shall not honor vouchers disbursing and
transferring monies from agency clearing accounts or special
accounts, when he or she has been notified by the Director Chief
Operating Officer of the Office of Management and Enterprise
Services that an agency is not in compliance with the provisions of
subsection A of this section.
SECTION 42. AMENDATORY 62 O.S. 2021, Section 34.62, is
amended to read as follows:
Section 34.62. Encumbrance requirements for payments from funds
of the state shall include the following:
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1. Whenever agencies of this state enter into contracts for, or
on behalf of the state for the purchase of tangible or intangible
property, or for services or labor, such agreement shall be
evidenced by written contracts or purchase orders, and must be
transmitted to the Director Chief Operating Officer of the Office of
Management and Enterprise Services within a reasonable time from the
date of the awarding of the contract or purchase order, as
determined by the Director Chief Operating Officer;
2. The Director Chief Operating Officer of the Office of
Management and Enterprise Services shall charge such contracts or
purchase orders against the proper account as an outstanding order
until it is liquidated by payment of a claim, or claims, against the
contracts or purchase orders, or by cancellation of the contract or
purchase order;
3. The Director Chief Operating Officer of the Office of
Management and Enterprise Services shall have the power to authorize
agencies of the state to make acquisitions without the submission of
competitive bids or compliance with the state purchase card program
as otherwise required by the Oklahoma Central Purchasing Act, for or
on behalf of the state whenever the Director Chief Operating Officer
determines that it is in the best interests of the state. The
administrative head of any agency shall be personally liable for
obligations incurred in excess of the authorization granted by the
Director Chief Operating Officer;
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4. The Director Chief Operating Officer of the Office of
Management and Enterprise Services shall never authorize payment of
claims for any agency of the state unless they are supported by:
a. contracts or purchase orders of the Office of
Management and Enterprise Services,
b. institutional purchase orders or contracts,
c. departmental purchase orders or contracts, or
d. authorizations for purchases granted by the Director
Chief Operating Officer as provided by paragraph 3 of
this section;
5. Any invoice or claim dated prior to the date of any of the
above-mentioned encumbrance documents shall be rejected by the
Office of Management and Enterprise Services;
6. Any encumbrance document that is outstanding on the records
in the Office of Management and Enterprise Services when its funding
source or sources lapse shall be canceled, unless another current
funding source is assigned; and
7. The Commissioners of the Land Office shall be authorized to
make payment of fees to its custodial banks, investment consultants
and investment managers from the proceeds of total realized
investment gains and such payments may be made from a special fund
hereby created in the State Treasury for this purpose. Total
payments for this purpose in a fiscal year shall not exceed one-half
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percent (0.5%) of the market value of the funds under the
Commissioners' management on June 30 of the previous fiscal year.
SECTION 43. AMENDATORY 62 O.S. 2021, Section 34.63, is
amended to read as follows:
Section 34.63. A. The State Treasurer shall be the disbursing
agency of the state and shall draw either checks or warrants payable
at the State Treasury, in payment of all claims, including payrolls,
against the state which shall be paid out of the Treasury, as
follows:
1. Each check or warrant shall specify the date of its issue
and the name of the person to whom payable; and
2. For each check, or warrant, issued by the State Treasurer,
there shall be a record which shall specify the gross amount, the
amount of withholding, if any, and the net amount payable to the
payee.
B. At the end of each month the State Treasurer shall report to
the Director Chief Operating Officer of the Office of Management and
Enterprise Services in such form as the Director Chief Operating
Officer shall prescribe, all checks or warrants issued during the
month.
C. Checks or warrants issued by the State Treasurer shall be
registered on the records of the State Treasurer in such manner as
shall be prescribed by the Director Chief Operating Officer of the
Office of Management and Enterprise Services; provided, that each
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check or warrant shall indicate thereon the fund against which the
same shall be charged. The purpose of this section is to permit
checks or warrants to be registered in the order in which they are
drawn upon the State Treasury.
SECTION 44. AMENDATORY 62 O.S. 2021, Section 34.64, is
amended to read as follows:
Section 34.64. A. Except as otherwise provided in the Oklahoma
State Finance Act and except for Automated Clearing House (ACH)
debits for transactional fees, procedures for paying claims or
payrolls shall include the following:
1. All miscellaneous claims and payroll claims for the payment
of money from the State Treasury shall be filed with the Director
Chief Operating Officer of the Office of Management and Enterprise
Services for audit and settlement prior to being filed for payment
with the State Treasurer;
2. The Director Chief Operating Officer of the Office of
Management and Enterprise Services may establish alternative
procedures for the settlement of claims whenever such procedures are
more advantageous so long as they are consistent with the
requirements of state law;
3. Such alternative procedures shall be at the discretion of
the Director Chief Operating Officer of the Office of Management and
Enterprise Services and may include, but are not limited to:
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a. a procedure to permit consolidated payment to vendors
for claims involving more than one agency of the state
when audit and settlement of such claims, as
hereinafter provided, can in all respects be
accomplished,
b. procedures based upon valid statistical sampling
models for preaudit of claims, against contracts,
purchase orders and other commitments before entering
such claims against the accounts, and
c. policies, procedures and performance criteria for the
participation of agencies or departments, not
authorized by this section, to engage in an
alternative system for the settlement of claims; and
4. The Director Chief Operating Officer of the Office of
Management and Enterprise Services may use a numeric or alphanumeric
designation to cross-reference claims or payrolls to check warrant
numbers, transfer entry or optional settlement mode used in the
payment thereof.
B. Except for ACH debits for transactional fees, after claims
or payrolls or both have been properly audited and recorded against
the respective contracts, purchase orders, other commitments and
accounts, the Division of Central Accounting and Reporting shall
certify such claims or payrolls to the State Treasurer for payment.
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C. Except for ACH debits for transactional fees, it shall be
the responsibility of the Division of Central Accounting and
Reporting to determine that:
1. All material legal requirements concerning the expenditure
of monies involved in each claim or payroll have been complied with;
2. Funds have been properly and legally allotted for the
payment of the claim or payroll; and
3. A sufficient balance exists for the payment of same.
D. The Director Chief Operating Officer of the Office of
Management and Enterprise Services or bonded employees in the
Division of Central Accounting and Reporting authorized by the
Director Chief Operating Officer shall certify to the State
Treasurer that the claim or payroll has been approved for payment.
E. 1. The Director Chief Operating Officer of the Office of
Management and Enterprise Services shall be authorized to establish
necessary agency disbursing funds to efficiently accommodate the
cash flow requirements of applicable federal regulations, bond
indebtedness and other directives deemed appropriate by the Director
Chief Operating Officer.
2. Agencies operating such disbursing funds are authorized to
establish a preaudit and settlement system for claims or payments or
both relating to the purposes of the stated directives.
3. The State Treasurer shall establish procedures for the state
in accordance with Federal Banking and National Automated Clearing
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House Association standards and agencies shall be required to
utilize automated clearing house procedures established by the State
Treasurer.
4. No individual or entity shall be required to have a bank
account unless required by federal law or federal regulation.
5. Agencies shall be further required to present these
transactions to the Office of Management and Enterprise Services in
a summarized format and shall include any accounting information
necessary as determined by the Director Chief Operating Officer of
the Office of Management and Enterprise Services including, but not
limited to, information related to federal law.
6. Administrative expenditures shall not be eligible for these
procedures.
7. The efficiency of the payment system shall be considered
when the interest earnings of the state are not diminished.
F. The Director Chief Operating Officer of the Office of
Management and Enterprise Services shall be authorized to process
payments for federal tax withholding without claim forms. The
Director Chief Operating Officer shall establish a separate fund for
the purpose of accumulating federal income tax withholding from
payrolls and remitting same to the United States Treasury.
Institutions under the administrative authority of the Oklahoma
State Regents for Higher Education which are responsible for
processing payments for federal tax withholding shall be authorized
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to process such payments to the United States Treasury without claim
forms.
G. 1. The Director Chief Operating Officer of the Office of
Management and Enterprise Services shall be authorized to process,
without claim forms, interest payments to the U.S. Treasury as
required by federal law.
2. Agencies are responsible for the accrual of such interest
liability of the state and shall provide payment to the Office of
Management and Enterprise Services in the amount and method
prescribed by the Director Chief Operating Officer of the Office of
Management and Enterprise Services.
3. Any liability of the U.S. Treasury as determined by federal
law shall be deposited in the State Treasury and transferred by the
Director Chief Operating Officer of the Office of Management and
Enterprise Services to the General Revenue Fund of the state
subsequent to final determination and necessary audit resolution.
H. Payments disbursed from the State Treasury shall be conveyed
solely through an electronic payment mechanism. The State Treasurer
may provide an exemption from the provisions of this subsection,
with cause, provided the number of exempted payments and a
corresponding list of causes shall be published in a regularly
updated report which is featured prominently on the State
Treasurer's website.
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I. Notwithstanding any other provision of the Oklahoma State
Finance Act and subject to any applicable restrictions in the
Oklahoma Constitution, the Director Chief Operating Officer of the
Office of Management and Enterprise Services may establish
procedures by which agencies may contract for, incur and account for
transaction-based fees, such as fees for accepting credit cards,
that may be processed by ACH debit without claim forms, provided the
agency has sufficient statutory authority for purchase. Prior to
authorizing ACH debit transactions without claim forms, state
agencies shall provide notice to the State Treasurer.
SECTION 45. AMENDATORY 62 O.S. 2021, Section 34.65, is
amended to read as follows:
Section 34.65. A. To facilitate the payment of vendor invoices
and contract estimates, the Director Chief Operating Officer of the
Office of Management and Enterprise Services shall prescribe a
uniform document to be used by all agencies of the state. The
document shall provide summarized information relative to the
referenced invoices or contract estimates, together with a space for
the approval of the head of the agency approving said vendor
invoices or contract estimates for payment.
B. Vendor invoices and contract estimates shall be accepted by
the state in lieu of the claim form previously required in the same
manner as commercial invoices are paid.
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C. Vendor invoices and contract estimates shall be filed with
the agency receiving the merchandise or services in the same manner
as invoices are filed with commercial firms.
D. Upon receipt of invoices or contract estimates, the head of
the agency, or the agency's authorized agent, may approve said
documents for payment as confirmation of delivery or acceptance of
the goods or services. Whereupon, the approved invoices or contract
estimates shall be attached to the document provided for such
purpose and the head of the agency approving such invoices of
contract estimates for payment shall affix the approval in the space
provided on the document.
E. Commercial invoices shall be accepted in lieu of the
standard notarized claim prescribed by the state.
SECTION 46. AMENDATORY 62 O.S. 2021, Section 34.66, is
amended to read as follows:
Section 34.66. A. The State Treasurer shall write checks or
warrants in payment of claims and payrolls certified to the State
Treasurer for payment by the Division of Central Accounting and
Reporting or:
1. The Department of Human Services;
2. The Department of Rehabilitative Services;
3. The State Department of Health;
4. The Department of Transportation;
5. The State Department of Education;
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6. The Oklahoma Department of Career and Technology Education;
and
7. The institutions within The Oklahoma State System of Higher
Education.
B. The State Treasurer, within such limitations as the State
Treasurer may prescribe, may authorize the Director Chief Operating
Officer of the Office of Management and Enterprise Services and the
entities specified in subsection A of this section to issue the
checks or warrants for payment of claims and payrolls that have been
certified by the respective agency.
C. The Director Chief Operating Officer of the Office of
Management and Enterprise Services and the entities specified in
subsection A of this section shall provide the State Treasurer a
register of each payment for each check or warrant issued. To
protect against fraud, information contained within the register of
checks or warrants shall not be subject to the Oklahoma Open Records
Act until the earlier of:
1. Such checks or warrants are submitted for redemption; or
2. Such checks or warrants are cancelled by statute.
D. In lieu of checks or warrants:
1. The Director Chief Operating Officer of the Office of
Management and Enterprise Services may, with the concurrence of the
State Treasurer, settle interagency claims by transfer entry; and
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2. At the discretion of the State Treasurer, pay claims and
payrolls by the electronic transfer of funds.
SECTION 47. AMENDATORY 62 O.S. 2021, Section 34.67, is
amended to read as follows:
Section 34.67. A. The Director Chief Operating Officer of the
Office of Management and Enterprise Services is hereby authorized to
prescribe forms and electronic systems to process claims and payroll
to be used by the various agencies of the state. Any agency of the
state may file a claim against more than one item of the current
allotments within funds by indicating on the claim or payroll the
account, or accounts to be charged. The Director Chief Operating
Officer shall approve and charge such claim to the account, or
accounts, indicated after proper audit of the claim or payroll.
B. These payroll systems are hereby authorized for use in
claiming amounts due individually to all employees within an agency
of the state. Each payroll record shall show the total earnings,
the amount of each type of withholding and the net amount due each
employee. Withholdings may be reserved by the Director Chief
Operating Officer of the Office of Management and Enterprise
Services to be paid to the proper entity by lump sum payments.
SECTION 48. AMENDATORY 62 O.S. 2021, Section 34.68, is
amended to read as follows:
Section 34.68. A. The elected or appointed executives of any
state agency or their designated administrative employees shall
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approve individual claims of the agency which are used as the basis
for the payment of money from the State Treasury from any fund.
These individuals shall be known as the "agency approving officers".
B. Payrolls shall show the amount to be paid to each named
person for the period of time shown.
C. The number of persons authorized to make such approval shall
not exceed five people for any one state agency without the special
approval of the Director Chief Operating Officer of the Office of
Management and Enterprise Services.
D. All agency approving officers shall execute a bond issued by
a surety company licensed to do business in this state, payable to
the state in the amount required by the Director Chief Operating
Officer of the Office of Management and Enterprise Services but not
less than Fifty Thousand Dollars ($50,000.00) and conditioned for
the faithful performance of their duties, as surety, which shall be
approved by the Director Chief Operating Officer of the Office of
Management and Enterprise Services and filed in the office of the
Secretary of State.
E. After state claims and/or payrolls have been approved by the
above agency approving officers, they shall be filed with the
Director Chief Operating Officer of the Office of Management and
Enterprise Services for auditing and settlement.
SECTION 49. AMENDATORY 62 O.S. 2021, Section 34.69, is
amended to read as follows:
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Section 34.69. There is hereby created in the State Treasury a
Payroll Fund which shall be used by the Director Chief Operating
Officer of the Office of Management and Enterprise Services and the
State Treasurer to issue a consolidated payroll for each agency of
the state. Payrolls of state agencies shall be charged against the
Payroll Fund created herein. Each state agency shall prepare
summary distributions of the amounts of payrolls to be charged
against each fund within the State Treasury and the Director Chief
Operating Officer shall transfer monies from each fund in the State
Treasury to the Payroll Fund amounts as shown on payroll
distribution summaries, and shall charge such amounts to the account
affected thereby.
B. As of July 1, 2010, the Office of Management and Enterprise
Services shall make available and each executive state agency shall
make available to all state employees a centralized web-based system
to access their personal employment and compensation-related
information. The provisions of this subsection as it pertains to
executive agencies may be waived by the Director Chief Operating
Officer of the Office of Management and Enterprise Services in the
event that lack of timely access prevents employees from utilizing
the centralized system. As used in subsections B, C and D of this
section, "executive state agency" shall mean any state agency,
authority, board, commission or other entity organized within the
executive department of state government. Executive state agency
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shall not mean any government entity organized or created within the
legislative or judicial departments of state government.
C. Except for institutions within The Oklahoma State System for
Higher Education, executive state agencies converting to a multi-
monthly payroll system shall consult with the Office of Management
and Enterprise Services on the timing of the agency's conversion.
1. All state employees hired during the six (6) months prior to
an executive state agency's conversion to a multi-monthly payroll
shall be placed on either the biweekly payroll system or
supplemental payroll upon the date of hire.
2. In the six (6) months prior to an executive state agency's
conversion to multi-monthly payroll, the executive state agency
shall offer either multi-monthly or supplemental payroll to any
employee who chooses to participate. The provisions of this
paragraph shall not apply to employees placed on the multi-monthly
payroll pursuant to paragraph 1 of this subsection.
D. Six (6) months prior to an executive state agency converting
to the multi-monthly payroll system, it shall create employee
payroll conversion banks for the purpose of providing a one-time
payroll payment to an employee for the gap in payroll payments
created by the conversion to the multi-monthly system.
1. Each executive state agency shall allow its employees to
accumulate funds up to a maximum of eighty (80) hours for the
conversion bank from the following sources:
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a. earned compensatory time, if the agency normally
provides its employees compensatory time,
b. earned annual leave,
c. earned sick leave up to a maximum of forty (40) hours,
and
d. shared leave as approved by the appointing authority.
2. During the six-month period leading up to an executive state
agency's conversion to the multi-monthly payroll system, all
executive state agencies shall inform, in writing or by electronic
means, all their employees of their leave and compensatory time
balances on a monthly basis.
E. The Office of Management and Enterprise Services shall
establish procedures concerning the conversion.
SECTION 50. AMENDATORY 62 O.S. 2021, Section 34.70, as
amended by Section 1, Chapter 167, O.S.L. 2023 (62 O.S. Supp. 2025,
Section 34.70), is amended to read as follows:
Section 34.70. A. 1. Upon the request of a state employee, a
state agency shall make voluntary payroll deductions for the
employee to any credit union, bank, or savings association having an
office in this state.
2. If the governing body of any county, municipality, or school
district provides for voluntary payroll deductions to a credit union
serving the employees of the county, municipality, or school
district, it shall provide voluntary payroll deductions to any
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credit union, bank, or savings association having an office in this
state which has a minimum participation of twenty percent (20%) of
the employees of the county, municipality, or school district.
B. Upon the request of a state employee and pursuant to
procedures established by the Director Chief Operating Officer of
the Office of Management and Enterprise Services, a state agency
shall make payroll deductions for:
1. The payment of any insurance premiums due a private
insurance organization with a minimum participation of five hundred
(500) state employees for life, accident, and health insurance which
is supplemental to that provided for by the state;
2. The payment of any insurance premiums, other than the
premiums due pursuant to paragraph 1 of this subsection, due a
private insurance organization or service company with a minimum
participation of five hundred (500) state employees for legal
services;
3. Premiums or payments for retirement plans with a minimum
participation of five hundred (500) state employees for retirement
plans which are supplemental to that provided for by the state;
4. Salary adjustment agreements included in a flexible benefits
plan as authorized by the State Employees Flexible Benefits Act;
5. Membership dues utilized for benefits, goods or services
provided by the Oklahoma Public Employees Association to the
organization's membership or any other statewide association limited
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to state employee membership with a minimum membership of two
thousand (2,000) dues-paying members. For purposes of this
paragraph, state agencies shall accept online or electronically
submitted forms from the Oklahoma Public Employees Association and
other state employee associations. The Office of Management and
Enterprise Services shall develop and implement a verification
process for online or electronically submitted forms which may
include the use of electronic signature technology or other process
as determined appropriate. In addition, the Office of Management
and Enterprise Services shall provide an association representing
state employees with a reconciliation report once a month containing
information related to the name, warrant number and warrant date of
those employees that have opted into the association's membership;
6. Contributions to any foundation organized pursuant to 26
U.S.C., Section 501(c)(3) of the Oklahoma Public Employees
Association or any other statewide association limited to state
employee membership with a minimum membership of two thousand
(2,000) dues-paying members;
7. Payments to a college savings account administered under the
Oklahoma College Savings Plan Act pursuant to Section 3970.1 et seq.
of Title 70 of the Oklahoma Statutes;
8. Subscriptions to the Oklahoma Today magazine published by
the State of Oklahoma through the Oklahoma Tourism and Recreation
Department; and
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9. The payment of any insurance premiums due a private
insurance organization, which is regulated by the State Insurance
Commission, for an Oklahoma Long-Term Care Partnership Program
approved policy pursuant to the Oklahoma Long-Term Care Partnership
Act.
C. The administrative costs of processing payroll deductions or
administering salary adjustment agreements for insurance premiums as
provided for in subsection B of this section shall be a charge of
two percent (2%) of the gross annual premiums for insurance plans.
The administrative costs of processing payroll deductions or
administering salary adjustment agreements for payments for
retirement plans as provided for in subsection B of this section
shall be one percent (1%) of the gross annual payments for
retirement plans. These charges shall be collected monthly from the
private insurance or retirement plan organization by the Office of
Management and Enterprise Services and shall be deposited to the
credit of the General Revenue Fund. Provided that these costs shall
not be collected from state employees or state agencies unless
otherwise directed in the Oklahoma State Finance Act.
D. Any statewide association granted a payroll deduction prior
to January 1, 2008, shall be exempt from the minimum state employee
membership requirement.
E. Approval of a payroll deduction or salary adjustment
agreement for any insurance organization, line of coverage or policy
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shall not be construed as an assumption of liability, for the term
of policy or the performance of the insurance organization, by this
state, or any of its agencies or any officer or employee thereof.
Contracts for such insurance shall be in all respects subject to the
insurance laws of this state, and shall be enforceable solely
pursuant to such laws.
F. The Oklahoma Employment Security Commission is authorized to
deduct from the wages or salary of its employees the employees'
contribution to the Oklahoma Employment Security Commission
Retirement Plan.
G. Payroll deductions shall be made for premium payments for
group insurance for retired members or beneficiaries of any state-
supported retirement system upon proper authorization given by the
member or beneficiary to the board from which the member or
beneficiary is currently receiving retirement benefits.
H. Upon request of instructional personnel employed at either
the Oklahoma School for the Blind or the Oklahoma School for the
Deaf and pursuant to procedures established by the Director Chief
Operating Officer of the Office of Management and Enterprise
Services, the Commission for Rehabilitation Services shall make
payroll deductions for membership dues in any statewide educational
employee organization or association.
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I. Upon the request of a state employee of the Department of
Corrections, the Department shall make voluntary payroll deductions
for the employee to the Correctional Peace Officer Foundation.
SECTION 51. AMENDATORY 62 O.S. 2021, Section 34.71, is
amended to read as follows:
Section 34.71. The Director Chief Operating Officer of the
Office of Management and Enterprise Services shall establish a
procedure to issue payment of a proper invoice for goods or services
within no more than forty-five (45) days from the date on which the
invoice was received in the office designated by the agency to which
the goods or services were sold and delivered.
SECTION 52. AMENDATORY 62 O.S. 2021, Section 34.72, is
amended to read as follows:
Section 34.72. The Director Chief Operating Officer of the
Office of Management and Enterprise Services shall establish a
procedure to assess and pay interest for the late payment of an
invoice, which interest shall be calculated beginning the thirtieth
day after receipt by the designated office of a proper invoice for
which payment has not been mailed, transmitted, or delivered to a
vendor by the close of business on the forty-fifth day. Such
interest shall be at an annualized rate based on an average of the
interest rate for thirty-day time deposits of state funds during the
last calendar quarter of the last preceding fiscal year, as reported
by the State Treasurer.
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SECTION 53. AMENDATORY 62 O.S. 2021, Section 34.74, is
amended to read as follows:
Section 34.74. Any vendor of goods or services purchased by or
delivered to an agency of the state whose payment is delayed beyond
the forty-five-day limit and who has not been compensated by payment
of interest as provided for in the Oklahoma State Finance Act may
file a grievance with the Office of the Governor, who shall transmit
it to the Director Chief Operating Officer of the Office of
Management and Enterprise Services. Upon receipt of such grievance,
the Director Chief Operating Officer shall pay the total amount of
such invoice with interest as required, within fifteen (15) days, to
remedy such grievance. If the Director Chief Operating Officer
determines that the invoice or interest should not be paid, such
determination and the reasons therefor shall be reported to the
Governor and the aggrieved vendor.
SECTION 54. AMENDATORY 62 O.S. 2021, Section 34.75, is
amended to read as follows:
Section 34.75. A. The Department of Human Services may
establish an encumbrance and preaudit system for settlement of
claims relating to public assistance, social service benefits and
medical benefits to or for persons eligible under applicable federal
laws and rules, Oklahoma Statutes, and policies established by the
Oklahoma Commission for Human Services. The following programs
shall be eligible for this procedure:
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1. Aid to Families with Dependent Children;
2. Aid to Aged, Blind and Disabled;
3. Medical Assistance;
4. Day Care;
5. Refugee Resettlement;
6. Low Income Heating and Energy Assistance;
7. General Assistance;
8. Crippled Children;
9. Social Services under Title XX of the U.S. Social Security
Act, 42 U.S.C., Section 301 et seq.;
10. Adoption Subsidies;
11. Foster Care;
12. Medical Examination;
13. Area Agencies on Aging;
14. Any contract for service for which the Office of Management
and Enterprise Services has approved as qualifying for a fixed and
uniform rate pursuant to Section 85.7 of Title 74 of the Oklahoma
Statutes;
15. Sheltered Workshops;
16. Contracted Group Homes;
17. Rehabilitative Client Interpreters;
18. Rehabilitative Client Drivers; and
19. Maternal and Child Health Services Block Grant.
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B. Prior to inclusion in this procedure, the Department of
Human Services shall provide to the Director Chief Operating Officer
of the Office of Management and Enterprise Services, for approval,
detailed listings of the type of payments to be made for each of
these programs specified in subsection A of this section.
C. The Department of Human Services shall provide the Director
Chief Operating Officer of the Office of Management and Enterprise
Services a daily report of the dollar amount of claims settled and
checks or warrants issued, the dollar amount of checks or warrants
canceled, and the dollar amount of checks or warrants canceled by
statutes.
D. The Department of Human Services and the Director Chief
Operating Officer of the Office of Management and Enterprise
Services shall jointly establish a system for the settlement of
claims, except for payroll, by the Department of Human Services.
The settlement system shall include policy, procedures and
performance criteria for participation.
SECTION 55. AMENDATORY 62 O.S. 2021, Section 34.77, is
amended to read as follows:
Section 34.77. A. The State Department of Rehabilitation
Services is authorized to establish an encumbrance and preaudit
system for settlement of claims relating to social service benefits
and medical benefits to or for persons eligible under applicable
federal laws and regulations, Oklahoma Statutes, and policies
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established by the Commission for Rehabilitation Services for the
following programs:
1. Vocational and other rehabilitation;
2. Educational services;
3. Disability Determination Services; and
4. Services for the Blind and Visually Impaired.
B. Prior to inclusion in this procedure, the State Department
of Rehabilitation Services shall provide to the Director Chief
Operating Officer of the Office of Management and Enterprise
Services, for approval, detailed listings of the type of payments to
be made for each of these programs specified in subsection A of this
section.
C. The State Department of Rehabilitation Services shall
provide the Director Chief Operating Officer of the Office of
Management and Enterprise Services a daily report of the dollar
amount of claims settled and checks or warrants issued, the dollar
amount of checks or warrants canceled, and the dollar amount of
checks or warrants canceled by statutes.
SECTION 56. AMENDATORY 62 O.S. 2021, Section 34.78, is
amended to read as follows:
Section 34.78. A. The Oklahoma State Regents for Higher
Education and the Director Chief Operating Officer of the Office of
Management and Enterprise Services shall jointly establish a system
for the settlement of claims, except for payroll, by institutions of
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The Oklahoma State System of Higher Education. The settlement
system shall include policy, procedures, and performance criteria
for participation. The State Regents may approve or disapprove the
participation of any institution or other entity of the State System
in the claims settlement system.
B. The Department of Education and the Oklahoma Department of
Career and Technology Education may establish a preaudit and
settlement system for claims and/or payments of state-funded
assistance to school districts and institutions within The Oklahoma
State System of Higher Education. The payment system shall be
neutral as to interest income to the state and the school districts.
SECTION 57. AMENDATORY 62 O.S. 2021, Section 34.80, is
amended to read as follows:
Section 34.80. A. All warrants, checks or orders issued by the
State Treasurer against claims submitted through the Office of
Management and Enterprise Services in payment of obligations of the
state which shall for any cause remain outstanding or unpaid for a
period of ninety (90) days after funds are available for their
payment shall be revoked and canceled.
B. Such warrants, checks or orders shall be entered into the
records of the Office of Management and Enterprise Services and the
State Treasurer and the administrative head of the agency certifying
the claim for payment shall be notified that such items have been
canceled.
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C. If, for any reason, a warrant should not be issued to
replace a warrant canceled pursuant to the provisions of this
section, the administrative head of the agency originally certifying
the claim for payment shall, within seven (7) days after
notification of the cancellation, advise the Director Chief
Operating Officer of the Office of Management and Enterprise
Services that a reissue should not be made.
D. Notwithstanding the provisions of subsection B of this
section, warrants issued or caused to be issued by the Department of
Human Services for public assistance or medical assistance may be
reissued at any time within three (3) years after cancellation upon
submission of the canceled warrants to the Department.
E. No canceled warrants shall be paid, except that the holder
of any warrant that may have been canceled pursuant to the
provisions of this section may, within thirty-six (36) months
following the month in which the warrant was canceled, present the
warrant or an affidavit of loss or destruction and a request for
reissuance to the Director Chief Operating Officer of the Office of
Management and Enterprise Services.
F. The Director Chief Operating Officer of the Office of
Management and Enterprise Services shall certify a claim as needed
for payment of those verified unpaid requests presented, unless the
certifying agency has advised that a reissuance should not be made.
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G. 1. There is hereby created in the State Treasury a fund to
be known as the Canceled Warrant Fund.
2. The Director Chief Operating Officer of the Office of
Management and Enterprise Services shall transfer to the Canceled
Warrant Fund the total of the payable amounts of the warrants
canceled pursuant to the provisions of this section from the funds
and accounts against which the canceled warrants had been drawn.
3. The Office of Management and Enterprise Services shall
disburse from the fund such amounts as necessary to pay warrants
reissued as provided in this section.
4. These expenditures shall remain recorded in the funds and
accounts against which the original canceled warrants were issued
and they shall not be considered expenses of the state nor shall
receipts to the fund be considered revenue to the state.
5. Any such claim drawn against the Canceled Warrant Fund shall
identify the current holder of record and the warrant number of the
canceled warrant, which shall be provided on the warrant record.
H. The Director Chief Operating Officer of the Office of
Management and Enterprise Services shall determine the minimum
necessary balance to be maintained in the Canceled Warrant Fund and
on the third Monday of October shall transfer the amount in excess
of the required minimum balance to the General Revenue Fund of the
current year. The minimum balance retained shall be not less than
the total amount of the warrants canceled by statute within the past
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thirty-six (36) months preceding October 1 of each year and which
remain eligible for replacement according to the records of the
Office of Management and Enterprise Services. Provided, funds in
the Canceled Warrant Fund due to the cancellation of warrants from
the Crime Victims Compensation Fund shall be transferred to the
Crime Victims Compensation Fund and not to the General Revenue Fund.
SECTION 58. AMENDATORY 62 O.S. 2021, Section 34.81, is
amended to read as follows:
Section 34.81. A. The State Treasurer is hereby authorized and
empowered to issue a replacement warrant or bond in lieu of any
warrant or bond that has been lost or destroyed; provided, that no
replacement warrant or bond shall be issued until an affidavit
setting forth the facts as to the loss or destruction of said
original warrant or bond has been filed with the Director Chief
Operating Officer of the Office of Management and Enterprise
Services.
B. The Director Chief Operating Officer and the State Treasurer
shall maintain appropriate records in their offices to prevent, as
nearly as reasonably possible, the state from mistakenly issuing any
replacement warrant or bond.
C. Such records shall include a stop payment order against the
original warrant to cancel the original warrant.
D. For such lost or destroyed miscellaneous warrants, the
Director Chief Operating Officer of the Office of Management and
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Enterprise Services shall cancel the original warrant record and
process a replacement warrant against the original disbursement
claim when possible, or otherwise shall transfer to the Canceled
Warrant Fund the payable amount of lost or destroyed warrants on
which payment has been stopped pursuant to the provisions of this
section from the fund and account against which said warrant had
been drawn and issue a replacement from the Canceled Warrant Fund.
E. For lost or destroyed payroll warrants, the Director Chief
Operating Officer of the Office of Management and Enterprise
Services shall issue all payroll replacement warrants pursuant to
the provisions of this section from the Canceled Warrant Fund. The
Director Chief Operating Officer shall allow the original payroll
warrant record to cancel by statute and shall transfer to the
Canceled Warrant Fund the payable amount to cover the lost or
destroyed warrants on which payment has been stopped pursuant to the
provisions of this section from the fund and account against which
the warrant had been drawn.
SECTION 59. AMENDATORY 62 O.S. 2021, Section 34.82, is
amended to read as follows:
Section 34.82. A. Disbursement information for all bonds and
interest coupons redeemed by the State Treasurer shall be delivered
to the Director Chief Operating Officer of the Office of Management
and Enterprise Services for posting. Deposit information for each
and every receipt issued for monies received into the State Treasury
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shall be receipted for by the Office of Management and Enterprise
Services.
B. Such information shall be maintained as a permanent record
in the Office of Management and Enterprise Services.
C. The Office of Management and Enterprise Services shall audit
such redeemed information and apportion and distribute the
collections as indicated by the State Treasury receipts.
D. All warrants and checks redeemed by the State Treasurer
shall be maintained by the State Treasurer in accordance with state
law.
SECTION 60. AMENDATORY 62 O.S. 2021, Section 34.83, is
amended to read as follows:
Section 34.83. A. If nonpayable warrants are issued pursuant
to the provisions of Section 23 of Article X of the Oklahoma
Constitution, the Director Chief Operating Officer of the Office of
Management and Enterprise Services shall issue and publish the
official call for payment for any warrants that may be outstanding
and registered as "nonpayable".
B. Notice of such call shall be published in some newspaper of
general circulation, published at the seat of government, and
interest on all warrants so called for payment shall cease on or
after ten (10) days from the date of the first publication of such
notice.
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C. The Director Chief Operating Officer of the Office of
Management and Enterprise Services shall be responsible for the
custody of claims certified for payment which call for the
disbursement of money from the Treasury.
D. Such claims shall be maintained in files accessible to the
Division of Central Accounting and Reporting and the employees of
the Division of Central Accounting and Reporting shall have
authority to inspect such claims for the purpose of making
accounting adjustments in the records maintained by the Office of
Management and Enterprise Services.
SECTION 61. AMENDATORY 62 O.S. 2021, Section 34.87, as
amended by Section 1, Chapter 409, O.S.L. 2024 (62 O.S. Supp. 2025,
Section 34.87), is amended to read as follows:
Section 34.87. In order to ensure that the Oklahoma Higher
Learning Access Program will be fully funded and all eligible and
qualifying students receive scholarships, the following procedures
shall be observed:
1. Not later than November 1, 2007, and November 1 of each
subsequent year, the Oklahoma State Regents for Higher Education
shall estimate the amount of revenue they deem necessary to fund
awards allowed pursuant to the Oklahoma Higher Learning Access Act,
for the fiscal year which begins the following July 1 and provide
such estimate to the State Board of Equalization;
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2. At its meeting in December 2007, and December of each
subsequent year, held pursuant to the provisions of paragraph 1 of
Section 23 of Article X of the Oklahoma Constitution, the State
Board of Equalization shall determine the total amount of revenue
necessary to fund awards allowed pursuant to the Oklahoma Higher
Learning Access Act for the fiscal year which begins the following
July 1 and reflect such amount as it certifies amounts available for
appropriation from the General Revenue Fund by the Legislature for
such fiscal year and identify the amount to be authorized pursuant
to paragraph 3 of this section; and
3. Notwithstanding any other provisions of law directing the
apportionment of revenues, beginning with the fiscal year ending
June 30, 2009, and for each subsequent fiscal year, the Director of
the Office of Management and Enterprise Services Chief Financial
Officer shall transfer on a periodic basis as needed the amount of
revenue to be deposited to the Oklahoma Higher Learning Access Trust
Fund, provided that the total amount of such transfers in any fiscal
year shall not exceed the amount authorized for transfer by
applicable budget legislation for such fiscal year.
SECTION 62. AMENDATORY 62 O.S. 2021, Section 34.90, is
amended to read as follows:
Section 34.90. There is hereby created in the State Treasury a
revolving fund for the State Department of Education to be
designated the "Common Education Technology Revolving Fund". The
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fund shall be a continuing fund, not subject to fiscal year
limitations, and shall consist of monies received pursuant to the
provisions of subparagraph a of paragraph 2 and subparagraph a of
paragraph 3 of Section 1004 of Title 68 of the Oklahoma Statutes and
any funds previously deposited in the Common Education Technology
Fund. All monies accruing to the credit of the fund are hereby
appropriated and may be budgeted and expended by the State
Department of Education as authorized by the Oklahoma Legislature.
Expenditures from the fund shall be made upon warrants issued by the
State Treasurer against claims filed as prescribed by law with the
Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment.
SECTION 63. AMENDATORY 62 O.S. 2021, Section 34.91, is
amended to read as follows:
Section 34.91. There is hereby created in the State Treasury a
revolving fund for the Oklahoma State Regents for Higher Education
to be designated the "Higher Education Capital Revolving Fund". The
fund shall be a continuing fund not subject to fiscal year
limitations, and shall consist of monies received pursuant to the
provisions of subparagraph b of paragraph 2 and subparagraph b of
paragraph 3 of Section 1004 of Title 68 of the Oklahoma Statutes and
any funds previously deposited in the Higher Education Capital Fund.
All monies accruing to the credit of the fund are hereby
appropriated and may be budgeted and expended by the Oklahoma State
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Regents for Higher Education as authorized by the Oklahoma
Legislature. Expenditures from said fund shall be made upon
warrants issued by the State Treasurer against claims filed as
prescribed by law with the Director Chief Operating Officer of the
Office of Management and Enterprise Services for approval and
payment.
SECTION 64. AMENDATORY 62 O.S. 2021, Section 34.92, is
amended to read as follows:
Section 34.92. A. There is hereby created in the State
Treasury a revolving fund for the Oklahoma State Regents for Higher
Education to be designated the "Oklahoma Student Aid Revolving
Fund". The fund shall be a continuing fund, not subject to fiscal
year limitations, and shall consist of monies received pursuant to
the provisions of subparagraph c of paragraph 2 and subparagraph c
of paragraph 3 of subsection A of Section 1004 of Title 68 of the
Oklahoma Statutes and any funds previously deposited in the Oklahoma
Tuition Scholarship Fund. All monies accruing to the credit of the
fund are hereby appropriated and may be budgeted and expended by the
Oklahoma State Regents for Higher Education as authorized by the
Oklahoma Legislature. Expenditures from said fund shall be made
upon warrants issued by the State Treasurer against claims filed as
prescribed by law with the Director Chief Operating Officer of the
Office of Management and Enterprise Services for approval and
payment.
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B. Beginning with fiscal year 2003, monies accruing to the
credit of the Oklahoma Student Aid Revolving Fund shall be
appropriated for and budgeted and expended for providing student aid
in the form of state tuition aid grants awarded pursuant to the
Higher Education Tuition Aid Act and scholarships awarded pursuant
to the Oklahoma State Regents' Academic Scholars Program.
SECTION 65. AMENDATORY 62 O.S. 2021, Section 34.102, is
amended to read as follows:
Section 34.102. A. There is hereby created in the State
Treasury a revolving fund to be known and designated as the "Revenue
Stabilization Fund". The fund shall be a continuing fund, not
subject to fiscal year limitations.
B. For determinations made regarding deposits for fiscal years
beginning on or after July 1, 2019, no monies shall be deposited to
the credit of the Revenue Stabilization Fund until such time as the
amount of actual revenue certified by the State Board of
Equalization as having been deposited into the General Revenue Fund
for the first fiscal year prior to the beginning of the fiscal year
that deposits to the Revenue Stabilization Fund are first made
equals or exceeds Six Billion Six Hundred Million Dollars
($6,600,000,000.00).
C. Once the provisions prescribed by subsection B of this
section have been met, deposits to the Revenue Stabilization Fund as
prescribed by this section may be made during any subsequent fiscal
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year according to the requirements and limitations imposed by this
act; provided that no deposits shall be made during a fiscal year
where the State Board of Equalization General Revenue Fund
certification for said fiscal year is less than the State Board of
Equalization General Revenue Fund certification for the previous
fiscal year plus an increment equal to the amount otherwise
calculated for deposit pursuant to subsection E of this section.
D. Notwithstanding any other provisions of this section, unless
such deposits are the result of a direct appropriation to the
Revenue Stabilization Fund by the Legislature, no monies shall be
deposited to the credit of the Revenue Stabilization Fund:
1. For any month during a fiscal year after the month during
which the declaration of a revenue failure pursuant to the
provisions of Section 34.49 of this title has been made. For
purposes of this subsection, the limitation on deposits to the
Revenue Stabilization Fund shall be imposed for the remaining months
of the fiscal year during which the revenue failure was declared,
but shall not operate as a limitation upon deposits for any
subsequent fiscal year unless a revenue failure is declared at some
time during such fiscal year; or
2. That would cause deposits to the Revenue Stabilization Fund
for the fiscal year to exceed three percent (3%) of the State Board
of Equalization General Revenue Fund certification for that fiscal
year.
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E. Except as provided in subsection I of this section, the
Revenue Stabilization Fund shall consist of:
1. One hundred percent (100%) of the revenue derived from the
gross production tax on oil levied pursuant to Section 1001 of Title
68 of the Oklahoma Statutes which is in excess of the five-year
average computed as prescribed by Section 34.103 of this title;
2. One hundred percent (100%) of the revenue derived from the
gross production tax on natural gas levied pursuant to Section 1001
of Title 68 of the Oklahoma Statutes which is in excess of the five-
year average computed as prescribed by Section 34.103 of this title;
3. Seventy-five percent (75%) of the revenue derived from
corporate income tax levied pursuant to Section 2355 of Title 68 of
the Oklahoma Statutes which is in excess of the five-year average
computed as prescribed by Section 34.103 of this title; and
4. Any amounts appropriated by the Legislature.
F. 1. Except as provided in paragraph 2 of this subsection, in
the event that a revenue failure is declared with respect to the
General Revenue Fund pursuant to Section 34.49 of this title, the
Director of the Office of Management and Enterprise Services Chief
Financial Officer may withdraw up to one-quarter (1/4) of the
balance of the Revenue Stabilization Fund available at the beginning
of the fiscal year, provided the total amount withdrawn shall not
exceed the amount of the declared revenue failure, to in equal
proportions reduce or avoid reductions to agencies for the current
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fiscal year and to mitigate potential reductions of funds to be
expended by common school districts which were appropriated or
authorized by the Legislature, but excluding any funds which are
apportioned directly to common school districts.
2. For the fiscal year ending June 30, 2020, in the event that
a revenue failure is declared with respect to the General Revenue
Fund pursuant to Section 34.49 of this title, the Director of the
Office of Management and Enterprise Services Chief Financial Officer
may withdraw amounts up to a total of one-half (1/2) of the highest
balance during the fiscal year ending June 30, 2020, of the Revenue
Stabilization Fund; provided, the total amount withdrawn shall not
exceed the amount of the declared revenue failure less any
appropriations made by the Legislature to offset such revenue
failure, to in equal proportions reduce or avoid reductions to
agencies for the fiscal year and to mitigate potential reductions of
funds to be expended by common school districts which were
appropriated or authorized by the Legislature for the fiscal year
ending June 30, 2020, but excluding any funds which are apportioned
directly to common school districts. No monies shall be withdrawn
under the provisions of this subsection for the purpose of reducing
or avoiding reductions of appropriations made pursuant to Section
129 of Enrolled House Bill No. 2765 of the 1st Session of the 57th
Oklahoma Legislature or Section 1 of Enrolled Senate Bill No. 1076
of the 1st Session of the 57th Oklahoma Legislature.
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G. In the event that a revenue failure is declared with respect
to the General Revenue Fund pursuant to Section 34.49 of this title,
the Legislature may appropriate up to one-quarter (1/4) of the
balance of the Revenue Stabilization Fund available at the beginning
of the fiscal year, not to exceed the amount of the revenue failure
as declared with respect to the General Revenue Fund pursuant to
Section 34.49 of this title.
H. If the amount of revenue certified by the State Board of
Equalization at its February meeting in any year to be collected in
the General Revenue Fund for the upcoming fiscal year is less than
the amount of revenue certified by the State Board of Equalization
to be collected in the General Revenue Fund for the current fiscal
year as determined at its February meeting conducted in the
preceding calendar year, the Legislature may appropriate up to one-
half (1/2) of the balance of the Revenue Stabilization Fund
available at the beginning of the fiscal year; provided, that the
amount withdrawn shall not exceed the amount of the decline in
revenue certified.
I. If during the Board of Equalization certification process,
one or more of the revenue sources identified in paragraphs 1, 2 and
3 of subsection E of this section are forecasted to experience a
revenue decrease, then the total deposits to the Revenue
Stabilization Fund as otherwise calculated under subsection E of
this section shall be reduced in an amount equal to such revenue
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decreases. For purposes of this subsection, "revenue decrease"
means an identified revenue source derived in an amount less than
the five-year average for such revenue source.
SECTION 66. AMENDATORY 62 O.S. 2021, Section 34.203, is
amended to read as follows:
Section 34.203. A. By July 1, 2020, the Director Chief
Operating Officer of the Office of Management and Enterprise
Services shall initiate a request for proposal for the ongoing
maintenance of desktop support and management systems for all state
agencies. The Office of Management and Enterprise Services is
authorized to enter into a contract for such services, pursuant to
the provisions of law.
B. Notice of the request for proposal shall be published in the
manner provided for competitive bidding. The requests for proposal
must solicit quotations and must specify the importance of
guaranteed savings, price, quality, technical ability and
experience. The contract shall be awarded to the responsible
offeror whose proposal is determined to achieve guaranteed savings
to this state in comparison with the cost of current desktop support
and management as provided by the Information Services Division of
the Office of Management and Enterprise Services Strategic
Technology Solutions.
C. The Director Chief Operating Officer of the Office of
Management and Enterprise Services shall promulgate rules and
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establish procedures to implement the request for proposal pursuant
to this section.
SECTION 67. AMENDATORY 62 O.S. 2021, Section 34.204, is
amended to read as follows:
Section 34.204. A. By December 31, 2022, the Director Chief
Operating Officer of the Office of Management and Enterprise
Services (OMES) shall initiate a request for proposal for the
rationalization and determination of which state applications and
databases can be immediately transferred to a cloud-based data
storage platform. The purpose of this request for proposal is to
give this state the ability to accurately evaluate the cost and
plans needed to implement modernization of the state's applications
and databases. These applications and databases shall be limited to
customer relationship management tools, case management tools,
workflow tools and supplemental financial systems. OMES is
authorized to enter into a contract for such services, pursuant to
the provisions of law.
B. Notice of the request for proposal shall be published in the
manner provided for competitive bidding. The contract shall be
awarded to the responsible offeror whose proposal is determined to
achieve the desired goal of rationalization of technology for the
state.
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C. The Director Chief Operating Officer shall promulgate rules
and establish procedures to implement the request for proposal
pursuant to the section.
SECTION 68. NEW LAW A new section of law not to be
codified in the Oklahoma Statutes reads as follows:
A. The amendments contained in this act which modify references
to the "Director of the Office of Management and Enterprise
Services" to the "Chief Operating Officer" shall not be effective as
law until the Governor makes the first appointment of a Chief
Operating Officer pursuant to the provisions of Section 5 of this
act.
B. The amendments contained in this act which create references
to the "Chief Financial Officer" of the Office of Management and
Enterprise Services shall not be effective as law until the Governor
makes the first appointment of a Chief Financial Officer pursuant to
the provisions of Section 6 of this act.
C. The provisions of this section shall be effective whether or
not the first appointee to the position of Chief Operating Officer
or the first appointee to the position of Chief Financial Officer
receives confirmation by the Oklahoma State Senate.
SECTION 69. AMENDATORY 1 O.S. 2021, Section 26, is
amended to read as follows:
Section 26. There is hereby created in the State Treasury a
revolving fund for the Oklahoma Abstractors Board to be designated
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the "Oklahoma Abstractors Board Revolving Fund". Beginning July 1,
2007, any monies collected pursuant to the Oklahoma Abstractors Law
shall be deposited into the Oklahoma Abstractors Board Revolving
Fund. Beginning January 1, 2008, any monies collected pursuant to
the Oklahoma Abstractors Act shall be deposited into the Oklahoma
Abstractors Board Revolving Fund. The fund shall be a continuing
fund, not subject to fiscal year limitations, and shall consist of
all monies received by the Oklahoma Abstractors Board from any
transfers, fees, bonds, penalties or fines paid to the Board
pursuant to the Oklahoma Abstractors Act. All monies accruing to
the credit of said fund are hereby appropriated and may be budgeted
and expended by the Oklahoma Abstractors Board for the purpose of
effectuating the purposes of the Oklahoma Abstractors Act and to pay
all costs and expenses heretofore and hereafter incurred in
connection therewith. Expenditures from said fund shall be made
upon warrants issued by the State Treasurer against claims filed as
prescribed by law with the Director Chief Operating Officer of the
Office of Management and Enterprise Services for approval and
payment.
SECTION 70. AMENDATORY 2 O.S. 2021, Section 2-26, is
amended to read as follows:
Section 2-26. A. The Agriculture Emergency Insect Control
Special Fund is hereby created in the State Treasury for the
Oklahoma Department of Agriculture, Food, and Forestry. The fund
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consists of monies transferred to it from funds appropriated to the
Department for this purpose. The fund shall be a continuing fund,
not subject to fiscal year limitations, and shall be under the
control and management of the administrative authority of the
Department. Expenditures from the fund shall be pursuant to the
laws of this state and rules promulgated by the State Board of
Agriculture.
B. The fund shall be for emergency controls that lack
legislative appropriation of emergency grasshopper and range
caterpillar control within the state or for the general operations
of the Department, and may be used for matching purposes for those
programs in which the United States Department of Agriculture
participates.
C. All expenditures shall be approved by the Board. Warrants
for expenditures from the fund shall be based on claims signed by an
authorized employee of the Department and approved for payment by
the Director Chief Operating Officer of the Office of Management and
Enterprise Services.
SECTION 71. AMENDATORY 2 O.S. 2021, Section 3-410, is
amended to read as follows:
Section 3-410. There is hereby created in the State Treasury a
revolving fund for the State Board of Agriculture to be designated
the "Oklahoma Industrial Hemp Program Fund". The fund shall be a
continuing fund, not subject to fiscal year limitations and shall
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consist of all monies received by the State Board of Agriculture
from fees received and collected pursuant to the Oklahoma Industrial
Hemp Program, donations, grants, contributions and gifts from any
public or private source. The Board may expend funds for the
purposes set forth in the Oklahoma Industrial Hemp Program.
Expenditures from said fund shall be made upon warrants issued by
the State Treasurer against claims filed as prescribed by law with
the Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment.
SECTION 72. AMENDATORY 2 O.S. 2021, Section 5-3.3, is
amended to read as follows:
Section 5-3.3. A. There is hereby created within the State
Treasury a fund for the State Board of Agriculture to be designated
the "Oklahoma Agriculture Enhancement and Diversification Fund".
The fund shall be a continuing fund, not subject to fiscal year
limitations, and shall consist of all monies received by the State
Board of Agriculture to implement and maintain the Oklahoma
Agriculture Enhancement and Diversification Program.
B. The Oklahoma Agriculture Enhancement and Diversification
Fund shall consist of:
1. Money received by the Oklahoma Department of Agriculture,
Food, and Forestry in the form of gifts, grants, appropriations,
reimbursements, donations, industry contributions, funds allocated
by federal agencies for marketing, research and agricultural
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development programs and such other monies specifically designated
for the Oklahoma Agriculture Enhancement and Diversification
Program. All monies accruing to the credit of the fund are hereby
appropriated and may be budgeted and expended by the State Board of
Agriculture for the Oklahoma Agriculture Enhancement and
Diversification Program; and
2. Interest attributable to investment of money in the fund.
C. All donations or other proceeds received by the Department
pursuant to the provisions of this section shall be deposited with
the State Treasurer to be credited to the Oklahoma Agriculture
Enhancement and Diversification Fund. Expenditures from the fund
shall be made upon warrants issued by the State Treasurer against
claims filed as prescribed by law with the Director Chief Operating
Officer of the Office of Management and Enterprise Services for
approval and payment.
D. The monies deposited in the fund shall at no time become
part of the general budget of the Department or any other state
agency. Except for any administration costs incurred in development
and implementation of the Oklahoma Agriculture Enhancement and
Diversification Program, no monies from the fund shall be
transferred for any purpose to any other state agency or to any
account of the State Board of Agriculture or the Department or be
used for the purpose of contracting with any other state agency or
reimbursing any other state agency for any expense.
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SECTION 73. AMENDATORY 2 O.S. 2021, Section 5-122, is
amended to read as follows:
Section 5-122. There is hereby created in the State Treasury a
revolving fund for the Oklahoma Department of Agriculture, Food, and
Forestry to be designated the "Urban Gardens Grant Revolving Fund".
The fund shall be a continuing fund, not subject to fiscal year
limitations, and shall consist of all monies received by the State
Board of Agriculture from state-appropriated funds, federal funds,
donations, grants and contributions from any public or private
source and designated for the purpose set forth in this section.
All monies accruing to the credit of the fund are hereby
appropriated and may be budgeted and expended by the Oklahoma
Department of Agriculture, Food, and Forestry for the purpose of
administering the Urban Gardens Grant Act. Expenditures from the
fund shall be made upon warrants issued by the State Treasurer
against claims filed as prescribed by law with the Director Chief
Operating Officer of the Office of Management and Enterprise
Services for approval and payment.
SECTION 74. AMENDATORY 2 O.S. 2021, Section 6-405, is
amended to read as follows:
Section 6-405. A. When it is determined by the State Board of
Agriculture that it is necessary to eradicate any dangerous,
infectious or communicable disease among domestic animals in the
state, the presence of which constitutes an emergency declared
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pursuant to the Animal Disease Outbreak Temporary Emergency Act or
declared by the United States Department of Agriculture, the Board
may take reasonable and necessary steps to suppress and eradicate
the disease. The Board may cooperate with the Animal and Plant
Health Inspection Service (APHIS) of the United States Department of
Agriculture, federally recognized Indian tribes, state or local
government agencies, or any other private or public entity in the
suppression and eradication of the disease.
B. When an emergency has been declared, the Board or the State
Veterinarian may order:
1. Animals destroyed which are infected with the disease,
exposed to the disease, or are highly susceptible to exposure to the
disease because of proximity to diseased animals affected by the
disease;
2. Personal property to be destroyed in order to remove the
infection;
3. The cleaning and disinfection of any premises, exposed to
the disease, or are highly susceptible to exposure to the disease
because of proximity to diseased animals affected by the disease;
and
4. Any act and incur any other expense reasonably necessary to
destroy or suppress the disease.
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C. The Governor, at the request of the Board, may take any
other emergency action necessary to ensure the health of the public
and the state livestock industry.
D. 1. The Board may:
a. accept on behalf of the state, the regulations adopted
by the Animal and Plant Health Inspection Service of
the United States Department of Agriculture pertaining
to the disease authorized under an act of Congress, or
the portion of the regulations deemed necessary,
suitable, or applicable, and
b. cooperate with the Animal and Plant Health Inspection
Service of the United States Department of
Agriculture, in the enforcement of such regulations.
2. Alternatively, the Board may follow the procedure only as to
quarantine, inspection, condemnation, appraisal, compensation,
destruction, burial of animals, disinfection, or other acts the
Board considers reasonably necessary for the destruction or
suppression of the disease as adopted by the Board.
E. 1. For the purpose of determining compensation as provided
by subsection F of this section, appraisals of animals or personal
property destroyed pursuant to the Animal Disease Outbreak Temporary
Emergency Act must be made by a Board-approved appraiser or by an
appraisal committee consisting of an appraiser representing the
Board, an appraiser representing the Animal and Plant Health
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Inspection Service of the United States Department of Agriculture,
and an appraiser representing the owner. When, in the judgment of
the Board or the State Veterinarian, the animals to be killed or
personal property to be destroyed poses a disease threat, appraisals
may be conducted after the animals are killed based on documents,
testimony, or other relevant evidence.
2. Appraisals must be:
a. in writing and signed by the appraisers or appraisal
committee, and
b. made at the fair market value of all animals and
personal property appraised, unless otherwise provided
by applicable federal law or regulation when
compensation is paid by federal funds.
F. Upon destruction of animals or personal property, burial or
other disposition of the carcasses of the animals, and the
completion of the cleaning and disinfection of the premises in
accordance with the provisions of the Animal Disease Outbreak
Temporary Emergency Act, the Board or its authorized agent shall
certify the appraisal to the Director Chief Operating Officer of the
Office of Management and Enterprise Services. If funds are
available for this purpose, the Director Chief Operating Officer
shall then file a claim with the State Treasurer for a warrant in
the amount payable to the owner, excluding any compensation received
by the owner from other sources.
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G. A person who believes that the Board's certified appraisal
is not sufficient may apply for a temporary restraining order or
injunctive relief from the appropriate district court.
H. 1. No person or other legal entity may initiate any
proceeding to collect a debt from the owner relating to animals or
personal property destroyed pursuant to this section, until the
owner has received compensation under paragraph F of this section.
2. If a person or other legal entity refuses to comply with
this subsection after being informed that the owner qualifies for
relief pursuant to the Animal Disease Outbreak Temporary Emergency
Act, the owner may apply to the district court in the county in
which the owner resides for a court order directing the person or
other legal entity to comply with this subsection and to reimburse
the owner for reasonable attorney fees incurred in obtaining the
court order.
3. The provisions of this subsection shall not affect the
validity of a mortgage foreclosure, contract for deed cancellation
or other proceeding involving the title to real property, unless the
owner records in the office of the county clerk where the real
property is located, prior to completion of the proceeding to
collect the debt, a certified copy of the court order determining
that the owner qualifies for relief pursuant to the Animal Disease
Outbreak Temporary Emergency Act, and the legal description of the
real property.
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4. a. For purposes of proceedings involving title to real
property pursuant to paragraph 3 of this subsection,
the court order must provide that the order expires
ninety (90) days after the date of application for the
court order, unless the court extends the court order
prior to that date for good cause shown.
b. A certified copy of any extension of the court order
must be filed in the office of the county clerk in
order to affect the validity of a proceeding affecting
the title to real property.
5. For purposes of this subsection:
a. "completion of a proceeding to collect a debt" means,
in the case of a mortgage foreclosure or of a
foreclosure of any other lien on real property, the
filing or recording of the sheriff's certificate of
sale, and, in the case of a contract for deed
cancellation, the end of the cancellation period
provided in that law, and
b. "proceeding to collect a debt" includes foreclosure,
repossession, garnishment, levy, contract for deed
cancellation, an action to obtain a court judgment, a
proceeding to collect real estate taxes or special
assessments, eviction, and any other in-court and out-
of-court proceedings to collect a debt. The term
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shall not include sending bills or other routine
communications to the owner.
SECTION 75. AMENDATORY 2 O.S. 2021, Section 7-416, is
amended to read as follows:
Section 7-416. There is hereby created in the State Treasury a
revolving fund to be known as the "Milk and Milk Products Inspection
Revolving Fund". The fund shall be a continuing fund not subject to
fiscal year limitations and is appropriated and may be budgeted and
expended by the Commissioner of Agriculture for the purpose of
administering and enforcing the Oklahoma Milk and Milk Products Act.
Expenditures from the fund shall be made upon warrants issued by the
State Treasurer against claims filed as prescribed by law with the
Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment.
SECTION 76. AMENDATORY 2 O.S. 2021, Section 10-9.6, is
amended to read as follows:
Section 10-9.6. A. There is hereby created in the State
Treasury a revolving fund for the Oklahoma Department of
Agriculture, Food, and Forestry to be designated the "Poultry Waste
Education Revolving Fund". The fund shall be a continuing fund, not
subject to fiscal year limitations, and shall consist of all monies
donated to the fund, and any other monies deposited in the fund
pursuant to law.
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B. All monies accruing to the credit of the fund are hereby
appropriated and may be budgeted and expended by the Oklahoma
Department of Agriculture, Food, and Forestry to contract with
Oklahoma State University to provide the educational courses
required by the Oklahoma Poultry Waste Applicators Certification
Act.
C. Expenditures from the fund shall be made upon warrants
issued by the State Treasurer against claims filed as prescribed by
law with the Director Chief Operating Officer of the Office of
Management and Enterprise Services for approval and payment.
SECTION 77. AMENDATORY 2 O.S. 2021, Section 10-9.24, is
amended to read as follows:
Section 10-9.24. There is hereby created in the State Treasury
a revolving fund for the Oklahoma Department of Agriculture, Food,
and Forestry to be designated the "Agriculture Regulation Revolving
Fund". The fund shall be a continuing fund, not subject to fiscal
year limitations, and shall consist of fees and fines assessed on
concentrated animal feeding operations, registered poultry feeding
operations, and any other monies deposited in this fund pursuant to
law. All monies accruing to the credit of the fund are hereby
appropriated and may be budgeted and expended by the Oklahoma
Department of Agriculture, Food, and Forestry for the regulation,
enforcement, and administration of the Oklahoma Department of
Agriculture, Food, and Forestry Water Quality Division.
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Expenditures from the fund shall be made upon warrants issued by the
State Treasurer against claims filed as prescribed by law with the
Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment.
SECTION 78. AMENDATORY Section 2, Chapter 391, O.S.L.
2022 (2 O.S. Supp. 2025, Section 11-12), is amended to read as
follows:
Section 11-12. There is hereby created in the State Treasury a
revolving fund for the Oklahoma Department of Agriculture, Food, and
Forestry to be designated the "February 2021 Winter Storm Grant
Revolving Fund". The fund shall be a continuing fund, not subject
to fiscal year limitations, and shall consist of all monies received
by the Department in the form of appropriations, donations, or other
monies designated for deposit in the fund. All monies accruing to
the credit of the fund are hereby appropriated and may be budgeted
and expended by the Department for the purpose of providing grants
to an incorporated municipality as provided by this act.
Expenditures from the fund shall be made upon warrants issued by the
State Treasurer against claims filed as prescribed by law with the
Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment.
SECTION 79. AMENDATORY 2 O.S. 2021, Section 16-11, is
amended to read as follows:
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Section 16-11. A. There is created within the State Treasury a
cost-share fund for the State Board of Agriculture to be designated
the "Forestry Cost-Share Fund". The fund shall be a continuing
fund, not subject to fiscal year limitations, and shall consist of
all monies received by the Board to implement and maintain the
forestry cost-share program.
B. The Forestry Cost-Share Fund shall consist of:
1. Money received by the Oklahoma Department of Agriculture,
Food, and Forestry in the form of gifts, grants, reimbursements,
donations, forest industry contributions, funds allocated by federal
agencies for landowner forestry cost-share programs, and other
monies specifically designated for the forestry cost-share program.
All monies accruing to the credit of the fund are appropriated and
may be budgeted and expended by the Board for the forestry cost-
share program; and
2. Interest attributable to investment of money in the Forestry
Cost-Share Fund.
C. All donations or other proceeds received by the Department
pursuant to the provisions of this section shall be deposited with
the State Treasurer to be credited to the Forestry Cost-Share Fund.
Expenditures from the fund shall be made upon warrants issued by the
State Treasurer against claims filed as prescribed by law with the
Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment.
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D. The monies deposited in the Forestry Cost-Share Fund shall
at no time become part of the general budget of the Department or
any other state agency. Except for any administration costs
incurred in development and implementation of the forestry cost-
share program, no monies from the Fund shall be transferred for any
purpose to any other state agency or any account of the Board or
Department or be used for the purpose of contracting with any other
state agency or reimbursing any other state agency for any expense.
SECTION 80. AMENDATORY 2 O.S. 2021, Section 16-83, is
amended to read as follows:
Section 16-83. There is hereby created in the State Treasury a
revolving fund for the Oklahoma Department of Agriculture, Food, and
Forestry to be designated the "Rural Fire Equipment Grant Revolving
Fund". The fund shall be a continuing fund, not subject to fiscal
year limitations, and shall consist of all monies received by the
Oklahoma Department of Agriculture, Food, and Forestry and
designated for deposit thereto. All monies accruing to the credit
of said fund are hereby appropriated and may be budgeted and
expended by the Oklahoma Department of Agriculture, Food, and
Forestry for the purpose of purchasing and repairing equipment used
by rural fire departments for firefighting efforts. The Oklahoma
Department of Agriculture, Food, and Forestry shall work with the
Rural Fire Coordinators to establish suitable criteria for
application and approval of grants awarded to rural fire departments
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from said fund. Priority of grants awarded from said fund shall be
given to rural fire departments which suffered damaged equipment
from wildfire suppression efforts related to drought-related fires
and fire control. The activities associated with the duties of said
fund shall be known as the "Rural Fire Equipment Grant Program".
Expenditures from said fund shall be made upon warrants issued by
the State Treasurer against claims filed as prescribed by law with
the Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment.
SECTION 81. AMENDATORY 2 O.S. 2021, Section 18-42, is
amended to read as follows:
Section 18-42. There is hereby created in the State Treasury a
revolving fund for the Oklahoma Beef Council to be designated the
"Oklahoma Beef Council Revolving Fund". The Fund shall be a
continuing fund, not subject to fiscal year limitations and shall
consist of all monies received by the Oklahoma Beef Council from
assessments received and collected pursuant to the Oklahoma Beef
Improvement and Market Development Act, donations, grants,
contributions and gifts from any public or private source. The
Council may expend funds as provided for by law. Expenditures from
said fund shall be made upon warrants issued by the State Treasurer
against claims filed as prescribed by law with the Director Chief
Operating Officer of the Office of Management and Enterprise
Services for approval and payment.
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SECTION 82. AMENDATORY 2 O.S. 2021, Section 18-407, is
amended to read as follows:
Section 18-407. There is hereby created in the State Treasury a
revolving fund for the Eastern Redcedar Management Act to be
designated the "Eastern Redcedar Revolving Fund". The fund shall be
a continuing fund, not subject to fiscal year limitations, and shall
consist of all monies received by the Oklahoma Department of
Agriculture, Food, and Forestry from the state income tax checkoff
as provided for in Section 18-408 of this title, the special license
plate issued pursuant to Section 1135.5 of Title 47 of the Oklahoma
Statutes, any state-appropriated funds, federal funds, donations,
grants, contributions, and gifts from any public or private source.
All monies accruing to the credit of said fund are hereby
appropriated and may be budgeted and expended by the Department for
the purposes set forth in the Eastern Redcedar Management Act.
Expenditures from said fund shall be made upon warrants issued by
the State Treasurer against claims filed as prescribed by law with
the Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment.
SECTION 83. AMENDATORY Section 16, Chapter 297, O.S.L.
2023 (2 O.S. Supp. 2025, Section 4016), is amended to read as
follows:
Section 4016. A. There is hereby created in the State Treasury
a revolving fund for the Oklahoma State University Veterinary
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Medicine Authority, to be designated the "Oklahoma State University
Veterinary Medicine Authority Marketing Revolving Fund". The fund
shall be a continuing fund, not subject to fiscal year limitations,
and shall consist of all monies received by the Oklahoma State
University Veterinary Medicine Authority pursuant to the provisions
of this section. All monies accruing to the credit of said fund are
hereby appropriated and may be budgeted and expended by the Oklahoma
State University Veterinary Medicine Authority for the purpose of
marketing research and planning, public education, special events
customary to the veterinary care industry, advertising and promotion
of special and general services provided or sponsored by the
Oklahoma State University Veterinary Medicine Authority and such
other purposes specifically authorized by the Legislature.
Expenditures from said fund shall be made upon warrants issued by
the State Treasurer against claims filed as prescribed by law with
the Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment.
B. An amount equal to one-tenth of one percent (1/10 of 1%) of
the total annual operating budget of the Oklahoma State University
Veterinary Medicine Authority and such other funds as may be
specifically designated for deposit to the fund shall be deposited
in the Oklahoma State University Veterinary Medicine Authority
Marketing Revolving Fund.
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C. The Oklahoma State University Veterinary Medicine Authority
Marketing Revolving Fund shall be audited annually by the State
Auditor and Inspector. The Oklahoma State University Veterinary
Medicine Authority shall reimburse the State Auditor and Inspector
from the Oklahoma State University Authority Marketing Revolving
Fund for any expenses incurred in auditing said fund.
SECTION 84. AMENDATORY Section 22, Chapter 297, O.S.L.
2023 (2 O.S. Supp. 2025, Section 4022), is amended to read as
follows:
Section 4022. There is hereby created in the State Treasury a
revolving fund for the Oklahoma State University Veterinary Medical
Trust to be designated the "Oklahoma State University Veterinary
Medical Trust Revolving Fund". The fund shall be a continuing fund,
not subject to fiscal year limitations, and shall consist of all
monies directed for deposit to the fund by law. All monies accruing
to the credit of the fund are hereby appropriated and may be
budgeted and expended by the Oklahoma State University Veterinary
Medical Trust in accordance with the provisions of this act.
Expenditures from said fund shall be made upon warrants issued by
the State Treasurer against claims filed as prescribed by law with
the Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment.
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SECTION 85. AMENDATORY 3 O.S. 2021, Section 91, as
amended by Section 9, Chapter 126, O.S.L. 2023 (3 O.S. Supp. 2025,
Section 91), is amended to read as follows:
Section 91. There is hereby created in the State Treasury a
revolving fund for the Oklahoma Department of Aerospace and
Aeronautics to be designated as the Oklahoma Department of Aerospace
and Aeronautics Revolving Fund. The fund shall be a continuing
fund, not subject to fiscal year limitations, and shall consist of a
monthly allocation by the Oklahoma Tax Commission of Three Thousand
Dollars ($3,000.00) from the motor fuel excise tax levied and
collected pursuant to the provisions of Title 68 of the Oklahoma
Statutes, such amount being a part of the estimated amount of tax
paid on gasoline consumed by engines to propel aircraft in this
state, sale of surplus property, fees and receipts collected
pursuant to the Oklahoma Open Records Act, donations, gifts,
bequests, contribution, devices, interagency reimbursements, federal
funds unless otherwise provided by federal law or regulation, sale
of leases and aircraft registration fees and taxes, fees authorized
by Section 1135.5 of Title 47 of the Oklahoma Statutes or any other
source. All monies accruing to the fund are hereby appropriated and
may be budgeted and expended by the Oklahoma Department of Aerospace
and Aeronautics for airport construction and rehabilitation
programs, general operations of the agency, for promoting the
awareness of aviation and aerospace, and providing financial support
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for aviation education programs to address the need for a skilled
and competent aviation workforce. Expenditures from the fund shall
be made upon warrants issued by the State Treasurer against claims
filed as prescribed by law with the Director Chief Operating Officer
of the Office of Management and Enterprise Services for approval and
payment.
SECTION 86. AMENDATORY 3 O.S. 2021, Section 375, is
amended to read as follows:
Section 375. There is hereby created in the State Treasury a
revolving fund for the Oklahoma Department of Transportation to be
designated the "Oklahoma Advanced Mobility Pilot Project Revolving
Fund". The Fund shall be a continuing fund, not subject to fiscal
year limitations and shall consist of all monies received by the
Oklahoma Tax Commission which are specifically required by law to be
deposited in the Fund, any public or private donations,
contributions and gifts received for the benefit of the Fund and any
amounts appropriated by the Legislature. All monies accruing to the
credit of the Fund are hereby appropriated and may be budgeted and
expended by the Oklahoma Department of Transportation for the
purpose of funding grants as provided in this act. Expenditures
from the Fund shall be made upon warrants issued by the State
Treasurer against claims filed as prescribed by law with the
Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment.
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SECTION 87. AMENDATORY Section 16, Chapter 365, O.S.L.
2023 (3 O.S. Supp. 2025, Section 403), is amended to read as
follows:
Section 403. There is hereby created in the State Treasury a
revolving fund for the Oklahoma Department of Aerospace and
Aeronautics to be designated the “Oklahoma Advanced Air Mobility
Revolving Fund”. The fund shall be a continuing fund, not subject
to fiscal year limitations, and shall consist of all monies received
by the Oklahoma Tax Commission which are specifically required by
law to be deposited in the fund, any public or private donations,
contributions, and gifts received for the benefit of the fund, and
any amounts appropriated by the Legislature. All monies accruing to
the credit of the fund are hereby appropriated and may be budgeted
and expended by the Oklahoma Department of Aerospace and Aeronautics
for the purpose of investing in advanced air mobility and unmanned
aircraft systems and associated infrastructure. Expenditures from
the fund shall be made upon warrants issued by the State Treasurer
against claims filed as prescribed by law with the Director Chief
Operating Officer of the Office of Management and Enterprise
Services for approval and payment.
SECTION 88. AMENDATORY Section 4, Chapter 203, O.S.L.
2022, as amended by Section 20, Chapter 126, O.S.L. 2023 (3 O.S.
Supp. 2025, Section 414), is amended to read as follows:
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Section 414. There is hereby created in the State Treasury a
revolving fund for the Oklahoma Department of Aerospace and
Aeronautics to be designated the “Oklahoma Air Service Development
Grant Program Revolving Fund”. The fund shall be a continuing fund,
not subject to fiscal year limitations, and shall consist of all
monies received by the Tax Commission which are specifically
required by law to be deposited in the fund, any public or private
donations, contributions and gifts received for the benefit of the
fund, and any amounts appropriated by the Legislature. All monies
accruing to the credit of the fund are hereby appropriated and may
be budgeted and expended by the Oklahoma Department of Aerospace and
Aeronautics for the purpose of funding grants as provided in Section
411 et seq. of this title. Expenditures from the fund shall be made
upon warrants issued by the State Treasurer against claims filed as
prescribed by law with the Director Chief Operating Officer of the
Office of Management and Enterprise Services for approval and
payment.
SECTION 89. AMENDATORY Section 1, Chapter 126, O.S.L.
2024 (3 O.S. Supp. 2025, Section 415), is amended to read as
follows:
Section 415. There is hereby created in the State Treasury a
revolving fund for the Oklahoma Department of Aerospace and
Aeronautics to be designated the “Long-Term Aerospace and
Aeronautics Infrastructure Sustainability Revolving Fund”. The fund
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shall be a continuing fund, not subject to fiscal year limitations,
and shall consist of all monies received by the Department from
appropriations designated for the purpose of construction,
maintenance, or other capital projects. The Director of the
Oklahoma Department of Aerospace and Aeronautics shall, at the end
of each month, provide a current balance and statement of
encumbrances of the fund to the Chair of the Senate Appropriations
Committee and the Chair of the House of Representatives
Appropriations and Budget Committee. All monies accruing to the
credit of the fund are hereby appropriated and may be budgeted and
expended by the Oklahoma Department of Aerospace and Aeronautics for
the sole purpose provided for in this section. Expenditures from
the fund shall be made upon warrants issued by the State Treasurer
against claims filed as prescribed by law with the Director Chief
Operating Officer of the Office of Management and Enterprise
Services for approval and payment.
SECTION 90. AMENDATORY Section 3, Chapter 125, O.S.L.
2024, as amended by Section 3, Chapter 154, O.S.L. 2025 (3 O.S.
Supp. 2025, Section 503), is amended to read as follows:
Section 503. There is hereby created in the State Treasury a
revolving fund for the Oklahoma Department of Aerospace and
Aeronautics to be designated the “Oklahoma Aircraft and Rocket
Engine Testing Development Grant Program Revolving Fund”. The fund
shall be a continuing fund, not subject to fiscal year limitations,
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and shall consist of all monies received by the Department from all
monies received by any public or private donations, contributions,
and gifts received for the benefit of the fund, and any amounts
appropriated by the Legislature, provided for the purpose of funding
grants as provided in the Oklahoma Aircraft and Rocket Engine
Testing Development Grant Program. All monies accruing to the
credit of the fund are hereby appropriated and may be budgeted and
expended by the Department for the purpose provided for in the
Oklahoma Aircraft and Rocket Engine Testing Development Grant
Program. Expenditures from the fund shall be made upon warrants
issued by the State Treasurer against claims filed as prescribed by
law with the Director Chief Operating Officer of the Office of
Management and Enterprise Services for approval and payment.
SECTION 91. AMENDATORY 74 O.S. 2021, Section 5208.1, as
amended by Section 6, Chapter 274, O.S.L. 2025, and as renumbered by
Section 25, Chapter 274, O.S.L. 2025 (3 O.S. Supp. 2025, Section
518), is amended to read as follows:
Section 518. There is hereby created in the State Treasury a
revolving fund for the Oklahoma Space Industry Development Authority
to be designated the “Oklahoma Space Industry Development Authority
Revolving Fund”. The fund shall be a continuing fund, not subject
to fiscal year limitations, and shall consist of all monies received
by the Authority from private and public donations, contributions,
gifts, and any monies appropriated or directed by law to be
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deposited thereto. All monies accruing to the credit of the fund
are hereby appropriated and may be budgeted and expended by the
Authority for the purpose of carrying out the provisions of the
Oklahoma Space Industry Development Act, and any legitimate expenses
of the Authority in the execution of such provisions. Expenditures
from the fund shall be made upon warrants issued by the State
Treasurer against claims filed as prescribed by law with the
Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment.
SECTION 92. AMENDATORY 3A O.S. 2021, Section 204.1B, is
amended to read as follows:
Section 204.1B. There is hereby created in the State Treasury a
revolving fund for the Oklahoma Horse Racing Commission, to be
designated the "Equine Drug Testing Revolving Fund". The fund shall
be a continuing fund, not subject to fiscal year limitations, and
shall consist of all monies received by the Oklahoma Horse Racing
Commission, from appropriations made to the Commission for deposit
in the fund and monies paid by organization licensees to the
Commission pursuant to assessments made by the Commission for equine
drug testing. All monies accruing to the credit of said fund are
hereby appropriated and may be budgeted and expended by the Oklahoma
Horse Racing Commission for the purpose specified in paragraph 14 of
subsection A of Section 204 of this title. Expenditures from said
fund shall be made upon warrants issued by the State Treasurer
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against claims filed as prescribed by law with the Director Chief
Operating Officer of the Office of Management and Enterprise
Services for approval and payment.
SECTION 93. AMENDATORY 3A O.S. 2021, Section 204.1C, is
amended to read as follows:
Section 204.1C. There is hereby created in the State Treasury a
revolving fund for the Oklahoma Horse Racing Commission to be
designated as the "Oklahoma Horse Racing Commission Operational
Expenses Revolving Fund". The fund shall be a continuing fund, not
subject to fiscal year limitations or reconciliation, and shall
consist of all monies received by the Oklahoma Horse Racing
Commission from revenues apportioned to the fund by Sections 205.6
and 263 of Title 3A of the Oklahoma Statutes, together with all
monies from fines, fees, reimbursements, assessments and sale of
materials which are collected or received by the Commission and all
monies retained by the Commission under the provisions of Title 3A
of the Oklahoma Statutes. All monies accrued to the credit of the
fund are hereby appropriated and may be budgeted and expended by the
Commission to pay the costs, both direct and indirect, of the
Commission. Expenditures from said fund shall be made upon warrants
issued by the State Treasurer against claims filed as prescribed by
law with the Director Chief Operating Officer of the Office of
Management and Enterprise Services for approval and payment.
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SECTION 94. AMENDATORY 3A O.S. 2021, Section 208.3a, is
amended to read as follows:
Section 208.3a. A. There is hereby created in the State
Treasury a revolving fund for the Oklahoma Horse Racing Commission,
to be designated the "Oklahoma Breeding Development Administration
Revolving Fund". The fund shall be a continuing fund, not subject
to fiscal year limitations, and shall consist of all monies received
by the Commission from transfers made pursuant to paragraph 6 of
subsection B of Section 208.3 of this title. All monies accruing to
the credit of said fund are hereby appropriated and may be budgeted
and expended by the Commission for the purpose of administering the
Oklahoma Breeding Development Program, or additions to purses of
Oklahoma-bred races, and for no other purpose. Expenditures from
said fund shall be made upon warrants issued by the State Treasurer
against claims filed as prescribed by law with the Director Chief
Operating Officer of the Office of Management and Enterprise
Services for approval and payment.
B. Monies received by and expenditures from said fund shall be
subject to an annual audit pursuant to paragraph 6 of subsection B
and subsection E of Section 208.3 of this title.
At the close of each fiscal year any unencumbered, unobligated,
and unexpended monies in the Oklahoma Breeding Development
Administration Revolving Fund shall be transferred to the Oklahoma
Breeding Development Fund Special Account.
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SECTION 95. AMENDATORY 3A O.S. 2021, Section 616, as
amended by Section 5, Chapter 20, O.S.L. 2025 (3A O.S. Supp. 2025,
Section 616), is amended to read as follows:
Section 616. A. There is hereby created in the State Treasury
a revolving fund for the Oklahoma State Athletic Commission to be
designated the "Oklahoma State Athletic Commission Revolving Fund".
The fund shall be a continuing fund, not subject to fiscal year
limitations, and shall consist of all monies received from fees,
administrative fines, reimbursements, bond proceeds, and sale of
materials, and shall include grants and gifts, pursuant to the
Oklahoma State Athletic Commission Act. All monies accruing to the
credit of said fund are hereby appropriated and may be budgeted and
expended by the Commission for the purpose of implementing the
provisions of the Oklahoma State Athletic Commission Act.
Expenditures from said fund shall be made upon warrants issued by
the State Treasurer against claims filed as prescribed by law with
the Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment.
B. The "Professional Boxing Licensing Revolving Fund" created
for the Department of Health is hereby abolished. On July 1, 2008,
any unencumbered funds remaining in the Professional Boxing
Licensing Revolving Fund shall be transferred to the credit of the
Oklahoma State Athletic Commission Revolving Fund. Any unexpended
funds remaining in the Professional Boxing Licensing Revolving Fund
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after November 1, 2008, shall be transferred to the credit of the
Oklahoma State Athletic Commission Revolving Fund.
SECTION 96. AMENDATORY 3A O.S. 2021, Section 713, as
last amended by Section 5, Chapter 443, O.S.L. 2024 (3A O.S. Supp.
2025, Section 713), is amended to read as follows:
Section 713. A. All gross proceeds shall be the property of
the Oklahoma Lottery Commission. From its gross proceeds, the
Commission shall pay the operating expenses of the Commission. At
least forty-five percent (45%) of gross proceeds shall be made
available as prize money. However, the provisions of this
subsection shall be deemed not to create any lien, entitlement,
cause of action, or other private right, and any rights of holders
of tickets or shares shall be determined by the Commission in
setting the terms of its lottery or lotteries.
B. There is hereby created in the State Treasury a fund to be
designated the “Oklahoma Education Lottery Trust Fund”.
Expenditures from the fund shall be made upon warrants issued by the
State Treasurer against claims filed as prescribed by law with the
Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment.
C. Upon their deposit into the State Treasury, any monies
representing a deposit of net proceeds shall then become the
unencumbered property of this state, and neither the Commission nor
the board of trustees shall have the power to agree or undertake
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otherwise. The monies shall be invested by the State Treasurer in
accordance with state investment practices. All earnings
attributable to such investments shall likewise be the unencumbered
property of the state and shall accrue to the credit of the fund
provided for in subsection B of this section.
1. The first Sixty-five Million Dollars ($65,000,000.00) of
monies contributed annually to the Oklahoma Education Lottery Trust
Fund shall only be appropriated as follows:
a. forty-five percent (45%) for the following:
(1) kindergarten through twelfth grade public
education, including but not limited to
compensation and benefits for public school
teachers and support employees, and
(2) early childhood development programs, which shall
include but not be limited to costs associated
with prekindergarten and full-day kindergarten
programs,
b. forty-five percent (45%) for the following:
(1) tuition grants, loans and scholarships to
citizens of this state to enable such citizens to
attend colleges and universities located within
this state, regardless of whether such colleges
and universities are owned or operated by the
Oklahoma State Regents for Higher Education, or
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to attend institutions operated under the
authority of the Oklahoma Department of Career
and Technology Education; provided, such tuition
grants, loans and scholarships shall not be made
to a citizen of this state to attend a college or
university which is not accredited by the
Oklahoma State Regents for Higher Education,
(2) construction of educational facilities for
elementary school districts, independent school
districts, The Oklahoma State System of Higher
Education, and career and technology education,
(3) capital outlay projects for elementary school
districts, independent school districts, The
Oklahoma State System of Higher Education, and
career and technology education,
(4) technology for public elementary school district,
independent school district, state higher
education, and career and technology education
facilities, which shall include but not be
limited to costs of providing to teachers at
accredited public institutions who teach levels
kindergarten through twelfth grade, personnel at
technology centers under the authority of the
Oklahoma State Department of Career and
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Technology Education, and professors and
instructors within The Oklahoma State System of
Higher Education, the necessary training in the
use and application of computers and advanced
electronic instructional technology to implement
interactive learning environments in the
classroom and to access the statewide distance
learning network and costs associated with
repairing and maintaining advanced electronic
instructional technology,
(5) endowed chairs for professors at institutions of
higher education operated by The Oklahoma State
System of Higher Education, and
(6) programs and personnel of the Oklahoma School for
the Deaf and the Oklahoma School for the Blind,
c. five percent (5%) to the School Consolidation
Assistance Fund. When the total amount in the School
Consolidation Assistance Fund from all sources equals
Five Million Dollars ($5,000,000.00), all monies
appropriated pursuant to this subparagraph which would
otherwise be deposited in the School Consolidation
Assistance Fund in excess of Five Million Dollars
($5,000,000.00) shall be allocated by the State
Department of Education to public schools based on the
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audited end-of-year average daily membership in grades
8 through 12 during the preceding school year for the
purpose of purchasing technology equipment. If at any
time the total amount in the School Consolidation
Assistance Fund drops below Five Million Dollars
($5,000,000.00), the monies appropriated pursuant to
this subparagraph shall be deposited in the School
Consolidation Assistance Fund until the Fund again
reaches Five Million Dollars ($5,000,000.00), and
d. five percent (5%) to the Teachers’ Retirement System
Dedicated Revenue Revolving Fund.
In no instance shall the annual maximum percentage for
administrative costs, not including marketing and advertising costs,
funds set aside for prizes, commissions paid to retailers, contract
fees paid to gaming system vendors and instant ticket providers or
emergency-related capital expenses, exceed three percent (3%) of
sales.
2. The remaining portion of lottery annual net proceeds
deposited to the Oklahoma Education Lottery Trust Fund that exceeds
Sixty-five Million Dollars ($65,000,000.00) shall be transferred by
the Office of Management and Enterprise Services to the credit of
the Teacher Empowerment Revolving Fund created in Section 6-190.2 of
Title 70 of the Oklahoma Statutes.
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D. The Legislature shall appropriate funds from the Oklahoma
Education Lottery Trust Fund only for the purposes specified in
subsection C of this section. Even when funds from the trust fund
are used for these purposes, the Legislature shall not use funds
from the trust fund to supplant or replace other state funds
supporting common education, higher education, or career and
technology education.
E. In order to ensure that the funds from the trust fund are
used to enhance and not supplant funding for education, the State
Board of Equalization shall examine and investigate appropriations
from the trust fund each year. At the meeting of the State Board of
Equalization held within five (5) days after the monthly
apportionment in February of each year, the State Board of
Equalization shall issue a finding and report which shall state
whether appropriations from the trust fund were used to enhance or
supplant education funding. If the State Board of Equalization
finds that education funding was supplanted by funds from the trust
fund, the Board shall specify the amount by which education funding
was supplanted. In this event, the Legislature shall not make any
appropriations for the ensuing fiscal year until an appropriation in
that amount is made to replenish the trust fund.
F. Except as otherwise provided by this subsection, no
deficiency in the Oklahoma Education Lottery Trust Fund shall be
replenished by reducing any nonlottery funds including, specifically
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but without limitation, the General Revenue Fund, the Constitutional
Reserve Fund, or the Education Reform Revolving Fund of the State
Department of Education. No program or project started specifically
from lottery proceeds shall be continued from the General Revenue
Fund, the Constitutional Reserve Fund, or the Education Reform
Revolving Fund of the State Department of Education. Such programs
must be adjusted or discontinued according to available lottery
proceeds unless the Legislature by general law establishes
eligibility requirements and appropriates specific funds therefor.
No surplus in the Oklahoma Education Lottery Trust Fund shall be
reduced or transferred to correct any nonlottery deficiencies in
sums available for general appropriations. The provisions of this
subsection shall not apply to bonds or other obligations issued
pursuant to or to the repayment of bonds or other obligations issued
pursuant to the Oklahoma Higher Education Promise of Excellence Act
of 2005.
G. There is hereby created in the State Treasury a revolving
fund to be designated the “Oklahoma Education Lottery Revolving
Fund”. The fund shall be a continuing fund, not subject to fiscal
year limitations, and shall consist of all monies received by the
Commission. All monies accruing to the credit of the Oklahoma
Education Lottery Revolving Fund are hereby appropriated and may be
budgeted and expended for the payment of net proceeds, prizes,
commissions to retailers, administrative expenses and all other
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expenses arising out of the operation of the education lottery,
subject to the limitations provided in the Oklahoma Education
Lottery Act. Expenditures from the fund shall be made upon warrants
issued by the State Treasurer against claims filed as prescribed by
law with the Director Chief Operating Officer of the Office of
Management and Enterprise Services for approval and payment.
The monies in the fund shall be invested by the State Treasurer
in accordance with state investment practices. All earnings
attributable to such investments shall likewise accrue to the credit
of the fund.
H. When appropriations from the Oklahoma Education Lottery
Trust Fund are made to common education pursuant to the provisions
of subparagraph a of paragraph 1 of subsection C of this section,
the appropriations shall be made available on a monthly basis. The
following process shall be used to ensure that the appropriations
are made available to common education in a timely manner:
1. Beginning in July of the fiscal year in which appropriations
are made to common education from the Oklahoma Education Lottery
Trust Fund, the Commission, on or before the ninth day of each
month, shall transfer to the State Treasurer, for credit to the
Oklahoma Education Lottery Trust Fund, one-twelfth (1/12) of the
annual apportionment due to common education as required by
subparagraph a of paragraph 1 of subsection C of this section;
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2. The Director Chief Operating Officer of the Office of
Management and Enterprise Services shall allocate the transfers
provided for in paragraph 1 of this subsection to the State
Department of Education on a monthly basis, not to exceed one-
twelfth (1/12) of the annual apportionment for the fiscal year; and
3. The total amount of transfers to the Oklahoma Education
Lottery Trust Fund of net lottery proceeds made pursuant to this
subsection shall not exceed the total appropriations made to common
education from the Oklahoma Education Lottery Trust Fund for the
specific fiscal year.
I. When appropriations from the Oklahoma Education Lottery
Trust Fund are made to The Oklahoma State System of Higher Education
pursuant to the provisions of subparagraph b of paragraph 1 of
subsection C of this section, the appropriations shall be made
available to the System on a monthly basis. The following process
shall be used to ensure that the appropriations are made available
to The Oklahoma State System of Higher Education in a timely manner:
1. Beginning in July of the fiscal year in which appropriations
are made to The Oklahoma State System of Higher Education from the
Oklahoma Education Lottery Trust Fund, the Commission, on or before
the ninth day of each month, shall transfer to the State Treasurer,
for credit to the Oklahoma Education Lottery Trust Fund one-twelfth
(1/12) of the annual apportionment due to the Oklahoma State Regents
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for Higher Education as required by subparagraph b of paragraph 1 of
subsection C of this section;
2. The Director Chief Operating Officer of the Office of
Management and Enterprise Services shall allocate the transfers
provided for in paragraph 1 of this subsection to the Oklahoma State
Regents for Higher Education on a monthly basis, not to exceed one-
twelfth (1/12) of the annual apportionment for the fiscal year; and
3. The total amount of transfers to the Oklahoma Education
Lottery Trust Fund of net lottery proceeds made pursuant to this
subsection shall not exceed the total appropriations made to The
Oklahoma State System for Higher Education from the Oklahoma
Education Lottery Trust Fund for the specific fiscal year.
J. When appropriations from the Oklahoma Education Lottery
Trust Fund are made to the Oklahoma Department of Career and
Technology Education, pursuant to the provisions of subparagraph b
of paragraph 1 of subsection C of this section, the appropriations
shall be made available on an annual basis. The following process
shall be used to ensure that the appropriations to the Oklahoma
Education Lottery Trust Fund are available for the Oklahoma
Department of Career and Technology Education in a timely manner:
1. Beginning in July of the fiscal year in which appropriations
are made to the Oklahoma Department of Career and Technology
Education from the Oklahoma Education Lottery Trust Fund, the
Commission, on or before the ninth day of each quarter, shall
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transfer to the State Treasurer, for credit to the Oklahoma
Education Lottery Trust Fund, one-fourth (1/4) of the annual
apportionment due to the Oklahoma Department of Career and
Technology Education as required by subparagraph b of paragraph 1 of
subsection C of this section;
2. The Director Chief Operating Officer of the Office of
Management and Enterprise Services shall allocate the transfer
provided for in paragraph 1 of this subsection to the Oklahoma
Department of Career and Technology Education on a quarterly basis,
not to exceed one-fourth (1/4) of the annual apportionment for the
fiscal year; and
3. The total amount of transfers to the Oklahoma Education
Lottery Trust Fund of net lottery proceeds made pursuant to this
subsection shall not exceed the total appropriations made to the
Oklahoma Department of Career and Technology Education from the
Oklahoma Education Lottery Trust Fund for the specific fiscal year.
K. When appropriations from the Oklahoma Education Lottery
Trust Fund are made to the School Consolidation Assistance Fund and
Teachers’ Retirement System Dedicated Revenue Revolving Fund,
pursuant to the provisions of subparagraphs c and d of paragraph 1
of subsection C of this section, the appropriations shall be made
available on an annual basis. The following process shall be used
to ensure that the appropriations to the Oklahoma Education Lottery
Trust Fund are made available to the School Consolidation Assistance
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Fund and Teachers’ Retirement System Dedicated Revenue Revolving
Fund in a timely manner:
1. Beginning in July of the fiscal year in which appropriations
are made to the School Consolidation Assistance Fund and the
Teachers’ Retirement System Dedicated Revenue Revolving Fund from
the Oklahoma Education Lottery Trust Fund, the Commission, on or
before the ninth day of each quarter, shall transfer to the State
Treasurer, for credit to the Oklahoma Education Lottery Trust Fund,
one-fourth (1/4) of the annual apportionment due to the School
Consolidation Assistance Fund and the Teachers’ Retirement System
Dedicated Revenue Revolving Fund as required by subparagraphs c and
d of paragraph 1 of subsection C of this section;
2. The Director Chief Operating Officer of the Office of
Management and Enterprise Services shall allocate the transfers
provided for in paragraph 1 of this subsection to the School
Consolidation Assistance Fund and the Teachers’ Retirement System
Dedicated Revenue Revolving Fund on a quarterly basis, not to exceed
one-fourth (1/4) of the annual apportionment for the fiscal year;
and
3. The total amount of transfers to the Oklahoma Education
Lottery Trust Fund of net lottery proceeds made pursuant to this
subsection shall not exceed the total appropriations made to the
School Consolidation Assistance Fund and the Teachers’ Retirement
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System Dedicated Revenue Revolving Fund from the Oklahoma Education
Lottery Trust Fund for the specific fiscal year.
L. At the conclusion of each fiscal year, the Oklahoma Lottery
Commission shall make available all remaining profits to the
Oklahoma Education Lottery Trust Fund in the following manner:
1. By July 9 of the proceeding fiscal year, the Oklahoma
Lottery Commission shall transfer the five percent (5%) difference
between the previous year’s State Board of Equalization estimate and
the appropriated amount. The cash contribution shall be available
for appropriation in the following legislative session pending
profit exists above and beyond the prior year’s annual
appropriation; and
2. By September 30, the Oklahoma Lottery Commission shall
transfer all remaining profit as established by an external
financial audit pursuant to Section 733 of this title. This cash
contribution shall be available for appropriation in the following
legislative session pending profit exists above and beyond the prior
year’s annual appropriation.
SECTION 97. AMENDATORY 6 O.S. 2021, Section 211.1, is
amended to read as follows:
Section 211.1. There is hereby created in the State Treasury a
revolving fund for the Oklahoma State Banking Department. The
revolving fund shall consist of all fees and assessments paid to or
collected by the Department, including all monies received by the
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Commissioner under Sections 104, 204, 303, 415, 501.1 and 501.2 of
this title and Section 381.16 of Title 18 of the Oklahoma Statutes
and those payments required to be deposited in the revolving fund
pursuant to Sections 211, 1103, 1206, 2001.2, 2008, 2107 and 2113 of
this title, Section 381.15 of Title 18 of the Oklahoma Statutes, and
Section 7106 of Title 36 of the Oklahoma Statutes. The revolving
fund shall be a continuing fund, not subject to fiscal year
limitations. Expenditures from the fund shall be made pursuant to
the laws of this state and the statutes relating to the Department,
and without legislative appropriation. Warrants for expenditures
from the fund shall be drawn by the State Treasurer, based on claims
signed by an authorized employee or employees of the Department and
approved for payment by the Director Chief Operating Officer of the
Office of Management and Enterprise Services.
SECTION 98. AMENDATORY 7 O.S. 2021, Section 22, is
amended to read as follows:
Section 22. There is hereby created in the State Treasury a
revolving fund to be known as the Adult Blind Market Revolving Fund
of the Oklahoma Public Welfare Commission to be administered by and
under the direction of the Oklahoma Public Welfare Commission. Said
fund shall consist of all appropriations made for such purpose and
all net earnings or profits derived from its use as authorized by
law. Said fund shall be used for the purpose of creating,
establishing and maintaining a market for the product of blind
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workers of Oklahoma and may be used to purchase such products for
resale, and for no other purpose. Expenditures from said fund shall
be made upon warrants issued by the State Treasurer against claims
submitted to the Director Chief Operating Officer of the Office of
Management and Enterprise Services for approval and payment.
SECTION 99. AMENDATORY 10 O.S. 2021, Section 410.1, is
amended to read as follows:
Section 410.1. There is established in the State Treasury a
revolving fund to be known as the "Quality of Care Development
Fund". The fund shall be a continuing fund, not subject to fiscal
year limitations, and shall consist of all fines collected by the
Department of Human Services pursuant to Section 407 of this title
and shall, in addition to any other monies made available for such
purpose, be available to the Director solely to support the
continued improvement of the child care facilities in this state.
Expenditures from the fund shall be made upon warrants issued by the
State Treasurer against claims filed as prescribed by law with the
Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment.
SECTION 100. AMENDATORY 10 O.S. 2021, Section 601.6b, as
amended by Section 5, Chapter 347, O.S.L. 2024 (10 O.S. Supp. 2025,
Section 601.6b), is amended to read as follows:
Section 601.6b. A. On or before July 1, 2024, and on or before
July 1 of every third year thereafter, the Oklahoma Commission on
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Children and Youth shall transmit to the Director Chief Operating
Officer of the Office of Management and Enterprise Services, the
director of each affected agency, the President Pro Tempore of the
Senate, the Speaker of the House of Representatives, and the
Governor a copy of the State Plan for Services to Children and Youth
for the next three (3) fiscal years.
B. The Office of Planning and Coordination, with the assistance
of the Office of Management and Enterprise Services and affected
agencies, may assemble topic-specific reports regarding services to
children, youth, and families to include program descriptions, past
and current expenditures, future budget requests, and a description
of program outcomes as directed by the Legislature or the
Commission.
SECTION 101. AMENDATORY 10 O.S. 2021, Section 601.10, is
amended to read as follows:
Section 601.10. There is hereby created in the State Treasury a
revolving fund for the Oklahoma Commission on Children and Youth, to
be designated the "Oklahoma Commission on Children and Youth
Revolving Fund". The fund shall be a continuing fund, not subject
to fiscal year limitations, and shall consist of all monies received
by the Oklahoma Commission on Children and Youth, from contracts
with other state agencies or institutions, and not excluding any
other source of revenue. All monies accruing to the credit of said
fund are hereby appropriated and may be budgeted and expended by the
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Director of the Oklahoma Commission on Children and Youth for the
purpose of paying for operating expenses of the Oklahoma Commission
on Children and Youth. Expenditures from said fund shall be made
upon warrants issued by the State Treasurer against claims filed as
prescribed by law with the Director Chief Operating Officer of the
Office of Management and Enterprise Services for approval and
payment.
SECTION 102. AMENDATORY 10 O.S. 2021, Section 601.14, as
amended by Section 6, Chapter 347, O.S.L. 2024 (10 O.S. Supp. 2025,
Section 601.14), is amended to read as follows:
Section 601.14. A. There is hereby created in the State
Treasury a fund for the Oklahoma Commission on Children and Youth to
be designated the “Children’s Endowment Fund of Oklahoma”. The fund
shall be a continuing fund, not subject to fiscal year limitations,
and shall consist of all monies received through donations or
interest earned by investment of monies in the fund. The fund shall
be invested by the State Treasurer in accordance with Section 89.2
of Title 62 of the Oklahoma Statutes.
B. Funds deposited into the Children’s Endowment Fund of
Oklahoma and any earnings therefrom, including any interest,
dividends or realized capital gains from investment of monies in the
fund, shall be administered by the Oklahoma Commission on Children
and Youth, which is authorized to award grants to further the public
purpose of stimulating a broad range of innovative programs,
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activities or research or evaluation that will improve the well-
being and reduce the adverse childhood experiences of Oklahoma’s
children. The funds shall not be used to expand existing services
or to support ongoing core services. The Commission may also direct
the State Treasurer to reinvest any earnings into the corpus of the
fund.
C. The Oklahoma Commission on Children and Youth shall
promulgate rules to:
1. Establish a Parent Partnership Board for the purpose of
informing the work of Oklahoma’s child-serving systems, assisting
members of the Commission and their respective entities with areas
of concern, supporting the Commission in the process of developing
and awarding grants supported by the Children’s Endowment Fund of
Oklahoma, and other activities upon request; and
2. Establish criteria and procedures for awarding grants.
D. The Oklahoma Commission on Children and Youth may use up to
ten percent (10%) of the funds deposited in the Children’s Endowment
Fund of Oklahoma in any given fiscal year to provide administration,
oversight, training or evaluation of the grantees or the Parent
Partnership Board.
E. Monies from the fund may be expended by the Oklahoma
Commission on Children and Youth in accordance with the provisions
of this section upon warrants issued by the State Treasurer against
claims filed as prescribed by law with the Director Chief Operating
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Officer of the Office of Management and Enterprise Services for
approval and payment.
F. Notwithstanding any other provision of law, funds deposited
in the Children’s Endowment Fund of Oklahoma shall only be expended
as provided in this section.
SECTION 103. AMENDATORY 10 O.S. 2021, Section 601.67, is
amended to read as follows:
Section 601.67. There is hereby created in the State Treasury a
revolving fund for the Board of Regents for the University of
Oklahoma on behalf of the Department of Pediatrics, Child Study
Center for Sooner SUCCESS to be designated the "Children with
Disabilities Comprehensive Systems of Services Revolving Fund". The
fund shall be a continuing fund, not subject to fiscal year
limitations, and shall consist of those monies appropriated to the
fund by law or deposited in the fund pursuant to Section 3 of this
act. All monies accruing to the credit of the fund are hereby
appropriated and may be budgeted and expended by Sooner SUCCESS for
the purpose of coordinating a statewide comprehensive system of
health, social and educational services for Oklahoma children and
youth with special needs in accordance with Part B of the
Individuals with Disabilities Education Act (IDEA) and Title V
programs for Children with Special Health Care Needs. Expenditures
from the fund shall be made upon warrants issued by the State
Treasurer against claims filed as prescribed by law with the
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Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment.
SECTION 104. AMENDATORY 10A O.S. 2021, Section 1-9-103,
is amended to read as follows:
Section 1-9-103. A. 1. There is hereby created in the
Department of Human Services a revolving fund to be designated the
"Child Abuse Multidisciplinary Account".
2. The account shall be a continuing fund, not subject to
fiscal year limitations, and shall consist of all monies received by
the Department pursuant to the provisions of this section and
Section 1-9-104 of this title.
3. All monies accruing to the credit of the fund are hereby
appropriated and shall be budgeted and expended by the Department
for the purposes provided in Sections 1-9-102 and 1-9-104 of this
title.
4. Expenditures from the account shall be made upon warrants
issued by the State Treasurer against claims filed as prescribed by
law with the Director Chief Operating Officer of the Office of
Management and Enterprise Services for approval and payment.
B. The account shall be administered by the Department for the
benefit of children of Oklahoma and made available to eligible:
1. Coordinated multidisciplinary child abuse teams;
2. Nonurban child advocacy centers;
3. Mid-level nonurban child advocacy centers; and
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4. Urban child advocacy centers.
C. 1. The Child Abuse Multidisciplinary Account shall consist
of:
a. all monies received by the Department pursuant to the
provisions of Section 1-9-104 of this title,
b. interest attributable to investment of money in the
Account, and
c. money received by the Department in the form of gifts,
grants, reimbursements, or from any other source
intended to be used for the purposes specified or
collected pursuant to the provisions of this section
and Section 1-9-102 of this title.
2. The monies deposited in the Child Abuse Multidisciplinary
Account shall at no time become monies of the state and shall not
become part of the general budget of the Department or any other
state agency. Except as otherwise authorized by this section and
Section 3 of this act, no monies from the Account shall be
transferred for any purpose to any other state agency or any account
of the Department or be used for the purpose of contracting with any
other state agency or reimbursing any other state agency for any
expense.
SECTION 105. AMENDATORY 10A O.S. 2021, Section 1-9-103a,
is amended to read as follows:
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Section 1-9-103a. There is hereby created in the State Treasury
a revolving fund for the Oklahoma Commission on Children and Youth
to be designated the "Child Abuse Multidisciplinary Team Account
(CAMTA) Fund". The fund shall be a continuing fund, not subject to
fiscal year limitations, and shall consist of all monies received by
the Commission from any source as specified in paragraph 1 of
subsection B of Section 3 of this act. All monies accruing to the
credit of the fund are hereby appropriated and shall be budgeted and
expended by the Commission for the purposes of contracting with
eligible freestanding multidisciplinary child abuse teams.
Expenditures from the fund shall be made upon warrants issued by the
State Treasurer against claims filed as prescribed by law with the
Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment.
SECTION 106. AMENDATORY Section 1, Chapter 339, O.S.L.
2024 (10A O.S. Supp. 2025, Section 1-9-112a), is amended to read as
follows:
Section 1-9-112a. A. Upon the effective date of this act, the
Office of Client Advocacy within the Department of Human Services
shall transfer to the State Department of Health. The Office of
Client Advocacy and the Advocate General shall continue to exercise
their statutory powers and duties.
B. All equipment, supplies, records, matters pending, assets,
future liabilities, fund balances, encumbrances, obligations,
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indebtedness, and legal and contractual rights and responsibilities
of the Office of Client Advocacy shall be transferred to the State
Department of Health.
C. Any monies accruing to or in the name of the Office of
Client Advocacy on and after the effective date of this act, or any
monies that accrue in any funds or accounts or are maintained for
the benefit of the Office of Client Advocacy on and after the
effective date of this act, shall be transferred to the State
Department of Health.
D. The Department of Human Services and the State Department of
Health may enter into an agreement for the transfer of personnel.
No employee shall be transferred to the State Department of Health
except on the freely given written consent of the employee. Any
employee who is transferred shall not be required to accept a lesser
grade or salary than presently received. All employees shall retain
leave, sick, and annual time earned, and any retirement and
longevity benefits which have accrued during their tenure with the
Department of Human Services. The transfer of personnel between the
state agencies shall be coordinated with the Office of Management
and Enterprise Services.
E. The Director Chief Operating Officer of the Office of
Management and Enterprise Services shall coordinate the transfer of
funds, allotments, purchase orders, and outstanding financial
obligations or encumbrances as provided for in this section.
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F. Upon the effective date of this act, all administrative
rules promulgated by the Director of Human Services for the Office
of Client Advocacy shall be transferred to and become a part of the
administrative rules of the State Department of Health. The Office
of Administrative Rules in the Office of the Secretary of State
shall provide adequate notice in “The Oklahoma Register” of the
transfer of such rules and shall place the transferred rules under
the Oklahoma Administrative Code title of the State Department of
Health. Such rules shall continue in force and effect as rules of
the State Department of Health from and after the effective date of
this act, and any amendment, repeal, or addition to the transferred
rules shall be under the jurisdiction of the State Commissioner of
Health.
SECTION 107. AMENDATORY 10A O.S. 2021, Section 2-7-401,
is amended to read as follows:
Section 2-7-401. A. There is hereby created in the State
Treasury a revolving fund for the Office of Juvenile Affairs to be
designated the "Juvenile Detention Improvement Revolving Fund". The
fund shall be a continuing fund, not subject to fiscal year
limitations, and shall consist of all monies appropriated to the
Juvenile Detention Improvement Revolving Fund and monies which may
otherwise be available to the Office of Juvenile Affairs for use as
provided for in this section.
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B. All monies appropriated to the fund shall be budgeted and
expended by the Office of Juvenile Affairs for the purpose of
providing funds to counties to renovate existing juvenile detention
facilities, to construct new juvenile detention facilities, to
operate juvenile detention facilities and otherwise provide for
secure juvenile detention services and alternatives to secure
detention as necessary and appropriate, in accordance with state-
approved juvenile detention standards and the State Plan for the
Establishment of Juvenile Detention Services provided for in Section
2-3-103 of this title. The participation of local resources shall
be a requirement for the receipt by counties of said funds and the
Department shall establish a system of rates for the reimbursement
of secure detention costs to counties. The methodology for the
establishment of said rates may include, but not be limited to,
consideration of detention costs, the size of the facility, services
provided and geographic location. Expenditures from said fund shall
be made upon warrants issued by the State Treasurer against claims
filed as prescribed by law with the Director Chief Operating Officer
of the Office of Management and Enterprise Services for approval and
payment.
1. The rate of reimbursement of approved operating cost shall
be eighty-five percent (85%) for the Office of Juvenile Affairs and
fifteen percent (15%) for the county.
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2. The rate of reimbursement of approved operating cost shall
be one hundred percent (100%) for the Office of Juvenile Affairs for
a child in the custody of the Office of Juvenile Affairs after
adjudication and disposition who is held in a juvenile detention
facility when the child is pending a placement consistent with the
treatment needs of that child as identified by the Office of
Juvenile Affairs.
3. The Office of Juvenile Affairs shall approve only those
applications for funds to renovate an existing juvenile detention
facility or any other existing facility or to construct a new
juvenile detention facility which contain proposed plans that are in
compliance with state-approved juvenile detention standards.
4. The Office of Juvenile Affairs shall approve only those
applications or contracts for funds to operate juvenile detention
facilities or otherwise provide for secure juvenile detention
services and alternatives to secure detention which are in
compliance with or which are designed to achieve compliance with the
State Plan for the Establishment of Juvenile Detention Services
provided for in Section 2-3-103 of this title.
5. The Office of Juvenile Affairs shall, from appropriated
state monies or from available federal grants, provide for payment
pursuant to contract for transportation personnel and vehicle-
related costs and reimburse for eligible travel costs for counties
utilizing the juvenile detention facilities identified in the "State
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Plan for the Establishment of Juvenile Detention Services" in
accordance with the provisions of the State Travel Reimbursement Act
and in accordance with Section 2-3-103 of this title.
SECTION 108. AMENDATORY 10A O.S. 2021, Section 2-7-618,
is amended to read as follows:
Section 2-7-618. A. It is the intent of the State of Oklahoma
for the Office of Juvenile Affairs (OJA) to plan, develop, redevelop
and occupy campus modifications to serve Oklahoma youth in need of
secure care and specialty residential services. In furtherance of
this intent, OJA shall plan and execute a construction strategy
through a best-value analysis of two financing sources. The Office
of Management and Enterprise Services (OMES) and the Commissioners
of the Land Office (CLO) are authorized to assist OJA in assessing
the best option and proceeding with necessary steps. OJA is
authorized to pursue one of these two options based upon the input
from the OJA governing board, OMES and the CLO.
B. The option that is determined to be best value for the State
of Oklahoma pursuant to subsection C of this section will be
selected and the authorization for the other financing strategy
shall not be operative.
C. Not later than March 31, 2018, or one hundred eighty (180)
days from such date if the provisions of this act become effective
as law later than July 1, 2017, pursuant to recommendations for the
best-value option agreed upon by a majority vote of the governing
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board of OJA, a majority vote of the Commissioners of the Land
Office and the agreement of the Director Chief Operating Officer of
the Office of Management and Enterprise Services, a memorandum
reflecting the decision of the participating agencies shall be
transmitted to the Governor, the Speaker of the Oklahoma House of
Representatives and the President Pro Tempore of the Oklahoma State
Senate. If the best-value option selected is for the issuance of
obligations by the Oklahoma Capitol Improvement Authority pursuant
to the provisions of Section 4 of this act, a copy of the signed and
executed memorandum shall be transmitted to the members of the
governing board of the Oklahoma Capitol Improvement Authority. If
the best-value option selected does not require the issuance of
obligations by the Oklahoma Capitol Improvement Authority, the
provisions of Section 4 of this act shall not be operative and the
Oklahoma Capitol Improvement Authority shall not have the power or
legal authority to issue any obligations pursuant to the provisions
of Section 4 of this act.
SECTION 109. AMENDATORY Section 4, Chapter 254, O.S.L.
2022 (11 O.S. Supp. 2025, Section 17-107A), is amended to read as
follows:
Section 17-107A. There is hereby created in the State Treasury
a revolving fund for the State Auditor and Inspector to be
designated the "Special Investigative Unit Auditing Revolving Fund".
The fund shall be a continuing fund, not subject to fiscal year
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limitations, and shall consist of all monies received by the State
Auditor and Inspector from funds withheld from a municipality's
allocations of gasoline taxes as provided in Section 17-107 of Title
11 of the Oklahoma Statutes and all monies received from legislative
appropriations for the purpose of conducting investigative municipal
audits. All monies accruing to the credit of such fund are hereby
appropriated and may be budgeted and expended by the State Auditor
and Inspector for the purpose of offsetting expenses incurred from
special investigative audit activities relating to municipal
government. Expenditures from the fund shall be made upon warrants
issued by the State Treasurer against claims filed as prescribed by
law with the Director Chief Operating Officer of the Office of
Management and Enterprise Services for approval and payment.
SECTION 110. AMENDATORY 11 O.S. 2021, Section 24-115, is
amended to read as follows:
Section 24-115. Within ninety (90) days following the closing
of each fiscal year, the Authority shall cause to be prepared
certified financial statements which shall be filed with the State
Auditor and Inspector and with the Director Chief Operating Officer
of the Office of Management and Enterprise Services in accordance
with the requirements for financial statement audits in Section 212A
of Title 74 of the Oklahoma Statutes.
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SECTION 111. AMENDATORY Section 2, Chapter 240, O.S.L.
2022 (11 O.S. Supp. 2025, Section 37-501), is amended to read as
follows:
Section 37-501. There is hereby created in the State Treasury a
revolving fund for the Oklahoma Department of Transportation to be
designated the "Municipal Road Drilling Activity Revolving Fund".
The fund shall be a continuing fund, not subject to fiscal year
limitations, and shall consist of all monies received by the
Oklahoma Department of Transportation from the apportionment of
sales tax prescribed by subsection E of Section 1353 of Title 68 of
the Oklahoma Statutes. All monies accruing to the credit of said
fund are hereby appropriated and may be budgeted and expended by the
Oklahoma Department of Transportation for the purposes prescribed by
and according to the requirements of Section 3 of this act.
Expenditures from said fund shall be made upon warrants issued by
the State Treasurer against claims filed as prescribed by law with
the Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment.
SECTION 112. AMENDATORY 11 O.S. 2021, Section 49-100.3,
is amended to read as follows:
Section 49-100.3. A. There shall be an Oklahoma Firefighters
Pension and Retirement Board which shall be composed of thirteen
(13) members as follows:
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1. Five members shall be the Board of Trustees of the Oklahoma
Firefighters Association;
2. One member shall be the President of the Professional Fire
Fighters of Oklahoma or his designee. The designee shall be a
member of the Professional Fire Fighters of Oklahoma;
3. One member shall be the President of the Oklahoma State
Retired Fire Fighters Association or his designee. The designee
shall be a member of the Oklahoma State Retired Fire Fighters
Association;
4. One member shall be appointed by the Speaker of the House of
Representatives;
5. One member shall be appointed by the President Pro Tempore
of the Senate;
6. Two members shall be appointed by the President of the
Oklahoma Municipal League;
7. One member shall be the State Insurance Commissioner or his
designee; and
8. One member shall be the Director Chief Operating Officer of
the Office of Management and Enterprise Services or his designee.
B. 1. The terms of office of the members appointed to the
State Board by the President of the Oklahoma Municipal League who
are members of the State Board on the operative date of this act
shall expire on July 1, 1989. The members appointed to fill the
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positions that expire on July 1, 1989, shall serve initial terms of
office as follows:
a. the term of office of one of the members appointed by
the President of the Oklahoma Municipal League shall
expire on July 1, 1990; and
b. the term of office of one of the members appointed by
the President of the Oklahoma Municipal League shall
expire on July 1, 1992.
Thereafter, the terms of office of the members of the State
Board appointed by the President of the Oklahoma Municipal League
shall be four (4) years.
2. The term of office of the member appointed to the State
Board by the Speaker of the House of Representatives and the term of
office of the member appointed to the State Board by the President
Pro Tempore of the Senate who are members of the State Board on the
operative date of this act shall expire on January 3, 1989. The
members thereafter appointed shall serve terms of office of four (4)
years.
3. Vacancies shall be filled for the unexpired term of office
in the same manner as the original appointment was made.
C. Those members appointed to the State Board by the President
of the Oklahoma Municipal League, the Speaker of the House of
Representatives and the President Pro Tempore of the Senate or who
are designees of an ex officio member of the State Board shall:
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1. Have demonstrated professional experience in investment or
funds management, public funds management, public or private pension
fund management or retirement system management; or
2. Have demonstrated experience in the banking profession and
have demonstrated professional experience in investment or funds
management; or
3. Be licensed to practice law in this state and have
demonstrated professional experience in commercial matters; or
4. Be licensed by the Oklahoma Accountancy Board to practice in
this state as a public accountant or a certified public accountant.
The appointing authorities, in making appointments that conform
to the requirements of this subsection, shall give due consideration
to balancing the appointments among the criteria specified in
paragraphs 1 through 4 of this subsection.
D. No member of the State Board shall be a lobbyist registered
in this state as provided by law.
E. Notwithstanding any of the provisions of this section to the
contrary, any person serving as an appointed member of the State
Board on the operative date of this act shall be eligible for
reappointment when the term of office of the member expires.
F. The State Board shall elect one of its members as Chairman
at its annual meeting. The Chairman shall preside over meetings of
the State Board and perform such other duties as may be required by
the State Board. The State Board shall also elect another member to
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serve as Vice Chairman, and the Vice Chairman shall perform duties
of Chairman in the absence of the latter or upon the Chairman's
inability or refusal to act.
G. Prior to February 6, 1995, the State Board shall be
prevented from making any payment or granting any benefit, with the
exception of disability benefits for which provisions are otherwise
made in Section 49-100.1 et seq. of this title, the actuarial
liability for which has not been included in such Board's annual
actuarial report prior to May 1, 1994.
H. The State Board shall adopt a cost of living adjustment
actuarial assumption in its annual actuarial valuation report.
SECTION 113. AMENDATORY 11 O.S. 2021, Section 49-100.8,
is amended to read as follows:
Section 49-100.8. The State Board shall certify to the Director
Chief Operating Officer of the Office of Management and Enterprise
Services, the Speaker of the House of Representatives, and the
President Pro Tempore of the Senate, on or before July 15 of each
year, an actuarially determined estimate of the rate of contribution
which will be required, together with all accumulated contributions
and other assets of the System to pay by level-dollar payments all
liabilities which shall exist or accrue pursuant to the provisions
of the System, including amortization of the unfunded accrued
liability over a period of not to exceed thirty (30) years beginning
July 1, 2014.
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SECTION 114. AMENDATORY 11 O.S. 2021, Section 50-103.1,
is amended to read as follows:
Section 50-103.1. A. There shall be an Oklahoma Police Pension
and Retirement Board which shall be composed of thirteen (13)
members as follows:
1. Seven members shall be elected as follows:
a. One member shall be elected to represent State Board
District 1. State Board District 1 shall include that
area of the state, except for any area comprising
Oklahoma City, that is north of Interstate Highway 40
and west of Interstate Highway 35;
b. One member shall be elected to represent State Board
District 2. State Board District 2 shall include that
area of the state, except for any area comprising
Oklahoma City, that is south of Interstate Highway 40
and west of Interstate Highway 35;
c. One member shall be elected to represent State Board
District 3. State Board District 3 shall include that
area of the state, except for any area comprising
Oklahoma City or Tulsa, that is north of Interstate
Highway 40 and east of Interstate Highway 35;
d. One member shall be elected to represent State Board
District 4. State Board District 4 shall include that
area of the state, except for any area comprising
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Oklahoma City, that is south of Interstate Highway 40
and east of Interstate Highway 35;
e. One member shall be elected to represent State Board
District 5. State Board District 5 shall include that
area of the state comprising the City of Tulsa;
f. One member shall be elected to represent State Board
District 6. State Board District 6 shall include that
area of the state comprising the City of Oklahoma
City; and
g. One member shall be elected to represent State Board
District 7. State Board District 7 shall include the
entire area of the state.
The members elected to represent State Board Districts 1 through 6
shall be active members of the System and work for a participating
municipality whose police department is physically located within
the State Board District. The member elected to represent State
Board District 7 shall be a retired member of the System. Elections
for the State Board Districts shall be held within six (6) months of
the date of the expiration of the term of office of a member or of
the date a vacancy occurs on such dates that are set by the State
Board. The initial term of office for State Board Districts 2, 5
and 7 shall begin on July 1, 1989. The initial term of office for
State Board Districts 3 and 6 shall begin on July 1, 1990. The
initial term of office for State Board Districts 1 and 4 shall begin
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on July 1, 1991. The term of office of the elected members shall be
three (3) years. Only members of the System working for a
participating municipality whose police department is physically
located within the respective State Board Districts may participate
in the election process for State Board Districts 1 through 6. Only
retired members of the System may participate in the election
process for State Board District 7.
2. One member shall be appointed by the Speaker of the House of
Representatives;
3. One member shall be appointed by the President Pro Tempore
of the Senate;
4. One member shall be appointed by the Governor;
5. One member shall be appointed by the President of the
Oklahoma Municipal League;
6. One member shall be the State Insurance Commissioner or the
Commissioner's designee; and
7. One member shall be the Director Chief Operating Officer of
the Office of Management and Enterprise Services or the Director's
Chief Operating Officer's designee.
B. 1. The term of office of the member appointed to the State
Board by the Speaker of the House of Representatives and the term of
office of the member appointed to the State Board by the President
Pro Tempore of the Senate who are members of the State Board on the
operative date of this act, shall expire on January 3, 1989. The
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members thereafter appointed by the Speaker of the House of
Representatives and by the President Pro Tempore of the Senate shall
serve terms of office of four (4) years.
2. The term of office of the member appointed by the Governor
who is a member of the State Board on the operative date of this act
shall expire on January 14, 1991. The members thereafter appointed
by the Governor shall serve a term of office of four (4) years which
is coterminous with the term of office of the office of the
appointing authority.
3. The initial term of office of the member appointed by the
President of the Oklahoma Municipal League shall expire on July 1,
1990. The members thereafter appointed by the President of the
Oklahoma Municipal League shall serve terms of office of four (4)
years.
4. Any vacancy that occurs shall be filled for the unexpired
term in the same manner as the office was previously filled.
C. The members appointed to the State Board by the Speaker of
the House of Representatives, the President Pro Tempore of the
Senate, the Governor and the President of the Oklahoma Municipal
League or who are designees of an ex officio member of the State
Board shall:
1. Have demonstrated professional experience in investment or
funds management, public funds management, public or private pension
fund management or retirement system management;
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2. Have demonstrated experience in the banking profession and
have demonstrated professional experience in investment or funds
management;
3. Be licensed to practice law in this state and have
demonstrated professional experience in commercial matters; or
4. Be licensed by the Oklahoma Accountancy Board to practice in
this state as a public accountant or a certified public accountant.
The appointing authorities, in making appointments that conform
to the requirements of this subsection, shall give due consideration
to balancing the appointments among the criteria specified in
paragraphs 1 through 4 of this subsection.
D. No member of the State Board shall be a lobbyist registered
in this state as provided by law.
E. Notwithstanding any of the provisions of this section to the
contrary, any person serving as an appointed member of the State
Board on the operative date of this act shall be eligible for
reappointment when the term of office of the member expires.
F. The State Board shall elect one of its members as Chairman
at its annual meeting. The Chairman shall preside over meetings of
the State Board and perform such other duties as may be required by
the State Board. The State Board shall also elect another member to
serve as Vice Chairman, and the Vice Chairman shall perform duties
of Chairman in the absence of the latter or upon the Chairman's
inability or refusal to act.
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SECTION 115. AMENDATORY 11 O.S. 2021, Section 50-105.3,
is amended to read as follows:
Section 50-105.3. The State Board shall certify to the Director
Chief Operating Officer of the Office of Management and Enterprise
Services, the Speaker of the House of Representatives, and the
President Pro Tempore of the Senate, on or before November 1 of each
year, an actuarially determined estimate of the rate of contribution
which will be required, together with all accumulated contributions
and other assets of the System to pay by level-dollar payments all
liabilities which shall exist or accrue pursuant to the provisions
of the System, including amortization of the unfunded accrued
liability over a period of not to exceed thirty (30) years beginning
July 1, 1988.
SECTION 116. AMENDATORY 12 O.S. 2021, Section 921.1, is
amended to read as follows:
Section 921.1. A. The Attorney General shall allocate funds
from the Legal Services Revolving Fund to provide legal
representation to indigent persons in this state in civil legal
matters to the extent that funds are available from the Legal
Services Revolving Fund. The Attorney General shall be responsible
for allocating these funds pursuant to contract with eligible
regional or statewide organizations which ordinarily render legal
services to indigent persons. The Attorney General may charge an
administrative fee for administering the contracts. The funds shall
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be allocated for the benefit of indigent clients in all seventy-
seven (77) counties of the state on a pro rata basis, utilizing an
allocation formula that distributes funds according to the number of
residents whose incomes are less than the official United States
federal poverty guidelines, based on the United States census data,
as a percentage of the total number of these residents in this state
and which reserves funds for services for specialized areas of law.
B. As used in this section, "eligible organization" means an
entity that:
1. Is organized as a not-for-profit corporation that is tax
exempt pursuant to the provisions of paragraph (3) of subsection (c)
of Section 501 of the United States Internal Revenue Code of 1986,
as amended;
2. Has as its primary purpose the furnishing of legal
assistance to eligible clients;
3. Has a board of directors or other governing body the
majority of which is comprised of attorneys who are admitted to
practice in this state and who are approved to serve on such body by
the governing bodies of the state or county bar associations and has
at least one-third (1/3) of the membership who, when selected, are
eligible clients; and
4. Is incorporated pursuant to any applicable laws of this
state.
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C. As a condition of the contract, the organization shall be
required to determine the eligibility of any person seeking legal
services pursuant to this section.
D. The Attorney General shall prepare annually and distribute
to the Judiciary committees of the Senate and the House of
Representatives and the Legal Services Committee of the Oklahoma Bar
Association a report detailing expenditures of funds for
representation to indigent persons in civil legal matters.
E. Each organization that contracts to provide legal services
pursuant to subsection A of this section shall maintain books and
records in accordance with generally accepted accounting principles.
The books and records shall account for the receipt and expenditure
of all funds paid pursuant to contract. Books and records shall be
maintained for a period of five (5) years from the close of the
fiscal year of the contract period. The State Auditor and Inspector
shall audit each organization annually. The necessary expense of
each audit, including, but not limited to, the cost of typing,
printing, and binding, shall be paid from funds of the organization.
In lieu of the audit by the State Auditor and Inspector, the
organization may submit an audit prepared by an independent auditing
firm for compliance with federal auditing requirements. A copy of
the audit prepared by or submitted to the State Auditor and
Inspector shall be submitted to the Attorney General.
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F. Funds for representation of indigent persons in civil legal
matters shall be limited to family law legal services with priority
given to cases involving domestic and family violence and abuse. In
no event shall such funds ever be used for any of the following
activities:
1. Provision of legal services in a fee-generating case unless
appropriate private representation is not available;
2. Provision of legal services in any criminal proceeding;
3. Provision of legal services collaterally attacking the
validity of a criminal conviction;
4. Provision of legal services which seek to procure an
abortion;
5. Provision of legal representation relating to the
desegregation of any school or school system;
6. Provision of legal services involving any proceeding derived
from the Military Selective Service Act;
7. Provision of legal services to advocate for or oppose any
altering of a legislative, judicial, or elective district at any
level of government; and
8. Provision of legal services to challenge a census of the
United States of America.
G. There is hereby created in the State Treasury a revolving
fund for the Office of the Attorney General to be designated the
"Legal Services Revolving Fund". The fund shall be a continuing
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fund, not subject to fiscal year limitations, and shall consist of
all monies received by the Office of the Attorney General for
indigent legal services from funds appropriated to the fund, federal
funds, gifts, donations, and grants. All monies accruing to the
credit of said fund are hereby appropriated and may be budgeted and
expended by the Attorney General for the purpose of providing legal
services to indigent clients pursuant to the provisions of this
section. Expenditures from said fund shall be made upon warrants
issued by the State Treasurer against claims filed as prescribed by
law with the Director Chief Operating Officer of the Office of
Management and Enterprise Services for approval and payment.
SECTION 117. AMENDATORY 14A O.S. 2021, Section 6-301, is
amended to read as follows:
Section 6-301. There is hereby created in the State Treasury a
revolving fund for the Commission on Consumer Credit to be
designated as the "Consumer Credit Administrative Expenses Revolving
Fund". The fund shall be a continuing fund, not subject to fiscal
year limitations and shall consist of all monies as directed to be
deposited in such fund by law. Monies accruing to the credit of
this fund are hereby appropriated and may be budgeted and expended
by the Administrator of the Commission on Consumer Credit upon
warrants issued by the State Treasurer against claims filed as
prescribed by law with the Director Chief Operating Officer of the
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Office of Management and Enterprise Services for approval and
payment.
SECTION 118. AMENDATORY 15 O.S. 2021, Section 775B.7, is
amended to read as follows:
Section 775B.7. There is hereby created in the State Treasury a
revolving fund for the Office of the Attorney General, to be
designated the "Telemarketer Revolving Fund". The fund shall be a
continuing fund, not subject to fiscal year limitations, and shall
consist of all monies received pursuant to the provisions of the
Telemarketer Restriction Act. All monies accruing to the credit of
the fund are hereby appropriated and may be budgeted and expended by
the Attorney General for the purpose of implementing, administering,
or enforcing the provisions of the Telemarketer Restriction Act.
Expenditures from the fund shall be made upon warrants issued by the
State Treasurer against claims filed as prescribed by law with the
Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment.
SECTION 119. AMENDATORY 17 O.S. 2021, Section 39, is
amended to read as follows:
Section 39. There is hereby created a petty cash fund for the
Corporation Commission to be used for the purpose of supplying small
change. The Corporation Commission working in conjunction with the
Director Chief Operating Officer of the Office of Management and
Enterprise Services shall fix the maximum amount of the petty cash
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fund. The Office of Management and Enterprise Services shall
prescribe all forms, systems, and procedures for administering the
petty cash fund.
SECTION 120. AMENDATORY 17 O.S. 2021, Section 57, is
amended to read as follows:
Section 57. There is hereby created in the State Treasury a
revolving fund for the Corporation Commission, to be designated the
"Oil and Gas Division Revolving Fund". The fund shall be a
continuing fund, not subject to fiscal year limitations, and shall
consist of all monies designated for deposit to said fund. All
monies accruing to the credit of said fund are hereby appropriated
and may be budgeted and shall be expended by the Corporation
Commission for the purposes of expeditious prevention and abatement
of oil and gas pollution, the protection of correlative rights and
the prevention of waste. Expenditures from said fund shall be made
upon warrants issued by the State Treasurer against claims filed as
prescribed by law with the Director Chief Operating Officer of the
Office of Management and Enterprise Services for approval and
payment. No money shall be transferred or expended by the
Corporation Commission for any other purpose than that authorized by
this section.
SECTION 121. AMENDATORY 17 O.S. 2021, Section 180.7, is
amended to read as follows:
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Section 180.7. There is hereby created in the State Treasury a
revolving fund for the Corporation Commission, to be designated the
"Corporation Commission Revolving Fund". The revolving fund shall
consist of all fees and monies received by the Corporation
Commission as required by law to be deposited to the credit of said
fund and any other monies, excluding appropriated funds, that are
not directed by law to be deposited to the credit of any other
Corporation Commission Fund. Said revolving fund shall be a
continuing fund, not subject to fiscal year limitations and shall
not be subject to legislative appropriation. Expenditures from said
revolving fund shall be made pursuant to the laws of this state and
the statutes relating to the Corporation Commission and shall be for
general operating expenses of the Corporation Commission. In
addition, expenditures from said revolving fund may be made pursuant
to the Oklahoma Central Purchasing Act for the purpose of
immediately responding to emergency situations, within the
Commission's jurisdiction, having potentially critical environmental
or public safety impact. Warrants for expenditures from said fund
shall be drawn by the State Treasurer, based on claims signed by an
authorized employee or employees of the Corporation Commission and
approved for payment by the Director Chief Operating Officer of the
Office of Management and Enterprise Services.
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SECTION 122. AMENDATORY 17 O.S. 2021, Section 180.10, as
amended by Section 1, Chapter 211, O.S.L. 2025 (17 O.S. Supp. 2025,
Section 180.10), is amended to read as follows:
Section 180.10. A. There is hereby created in the State
Treasury a fund for the Corporation Commission to be designated the
“Corporation Commission Plugging Fund”. The plugging fund shall
consist of monies received by the Corporation Commission as required
by law to be deposited to the credit of the fund. The fund shall be
a continuing fund not subject to fiscal year limitations and shall
not be subject to legislative appropriations. Expenditures from the
plugging fund shall be made pursuant to the laws of this state and
the statutes relating to the Corporation Commission. For each
fiscal year, the Commission may expend not more than eight percent
(8%) of the total amount deposited to the credit of the plugging
fund during the previous fiscal year for the purpose of responding
to occurrences of seeping natural gas as provided for in Section
317.1 of Title 52 of the Oklahoma Statutes. In addition,
expenditures from the plugging fund may be made pursuant to the
Oklahoma Central Purchasing Act, Section 85.1 et seq. of Title 74 of
the Oklahoma Statutes, for purposes of immediately responding to
emergency situations, within the Commission’s jurisdiction, having
potentially critical environmental or public safety impact.
Warrants for expenditures from the fund shall be drawn by the State
Treasurer, based on claims signed by an authorized employee of the
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Corporation Commission and approved for payment by the Director
Chief Operating Officer of the Office of Management and Enterprise
Services. The provisions of this act or rules promulgated pursuant
thereto shall not be construed to relieve or in any way diminish the
surety bonding requirements required by Section 318.1 of Title 52 of
the Oklahoma Statutes.
B. Prior to July 1, 2031, the plugging fund shall be maintained
at Five Million Dollars ($5,000,000.00). If the plugging fund falls
below the five-million-dollar maintenance level, the Corporation
Commission shall notify the Oklahoma Tax Commission that the
plugging fund has fallen below the required maintenance level and
that the excise tax which has been levied by subsection A of Section
1101 of Title 68 of the Oklahoma Statutes and subsection A of
Section 1102 of Title 68 of the Oklahoma Statutes which is credited
and apportioned to the Corporation Commission Plugging Fund pursuant
to Section 1103 of Title 68 of the Oklahoma Statutes is to be
imposed. Such additional excise tax shall be imposed and collected
until such time as is necessary to meet the additional five-million-
dollar maintenance level. The Tax Commission shall notify the
persons responsible for payment of the excise tax on oil and gas of
the imposition of such tax. The provisions of this subsection shall
terminate on July 1, 2031.
SECTION 123. AMENDATORY 17 O.S. 2021, Section 180.11, is
amended to read as follows:
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Section 180.11. A. The Corporation Commission is hereby
authorized to assess a fee upon each public utility to provide
adequate funding to the Public Utility Division of the Corporation
Commission for the regulation of public utilities in this state and
for providing for timely and expeditious reviews and completion of
rate cases, and increased responsiveness to the needs of consumers
and the regulated community.
B. 1. The assessment authorized by this section may, after
excluding the amount allocated to interexchange telecommunications
companies, resellers, pay phone service providers and operator
service providers in paragraph 2 of this subsection, be borne by the
affected public utilities as follows:
a. one-half (1/2) shall be allocated based on that
proportion which the total regulated Oklahoma
jurisdictional gross operating revenues of each public
utility bear to the total regulated Oklahoma
jurisdictional gross operating revenues of all public
utilities, and
b. one-half (1/2) shall be allocated based on that
proportion which the total number of regulated
Oklahoma jurisdictional customers of each public
utility bears to the total number of regulated
Oklahoma jurisdictional customers of all public
utilities.
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2. For interexchange telecommunications companies, resellers,
pay phone service providers and operator service providers, the
allocation may be based on the total regulated Oklahoma
jurisdictional gross operating revenues that each interexchange
telecommunications company, reseller or operator service provider
bears in proportion to the total regulated Oklahoma jurisdictional
gross operating revenue of all public utilities as applied to the
total amount of the assessment to be collected from all public
utilities for each year.
C. Any assessment levied pursuant to this section shall be
recoverable as an operating expense to the public utility and shall
be included in a utility's base rates or basic monthly service
charge. The Corporation Commission shall take such action necessary
to ensure recovery of the assessment by a public utility during the
period for which it is levied.
D. The Corporation Commission may provide that each public
utility shall pay any assessment levied pursuant to this section on
a quarterly basis. Notice of the annual assessment shall be sent by
certified mail, return receipt requested, to each public utility.
Each public utility shall pay the amount assessed to the Commission
for deposit to the Public Utility Regulation Revolving Fund created
in subsection E of this section. A public utility may, at its
discretion, pay its annual assessment prior to the due date of the
quarterly payments.
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E. Any assessment collected by the Commission pursuant to this
section shall be deposited in the Public Utility Regulation
Revolving Fund hereby created. The fund shall be a continuing fund
not subject to fiscal year limitations and shall consist of the
monies received by the Commission from any assessment levied
pursuant to the provisions of this section. All monies accruing to
the credit of the fund are hereby appropriated and may be budgeted
and expended by the Commission to pay the costs, both direct and
indirect, of the Public Utilities Division incurred to regulate
public utilities. Expenditures from said fund shall be made upon
warrants issued by the State Treasurer against claims filed as
prescribed by law with the Director Chief Operating Officer of the
Office of Management and Enterprise Services for approval and
payment.
F. The Legislature shall establish budgetary limits for the
Public Utility Division of the Corporation Commission. Any
assessment levied pursuant to this section shall not exceed the
amount of the budgetary limits and indirect costs for related
support functions established by the Legislature for any fiscal
year. Budgetary limits will stay in effect until superseded by
further action of the Legislature.
G. For purposes of this section, "public utility" means:
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1. A public utility as defined by Section 151 of this title,
excluding those companies encompassed by paragraph (d) of Section
151 of this title;
2. Any telephone or telecommunications company subject to
Section 131 et seq. of this title, including interexchange
telecommunications companies or such other telecommunications
companies as defined by OCC Rule OAC 165:55-1-4, resellers as
defined by OCC Rule OAC 165:56-1-4 and operator service providers as
defined by OCC Rule OAC 165:57-1-4; and
3. Any association or cooperative corporation doing business
under the Rural Electric Cooperative Act except for generation and
transmission associations or cooperative corporations, or
transmission associations or cooperative corporations.
H. It is the intention of the Legislature that this entire
section is an amendment to and alteration of Sections 18 through 34,
inclusive, of Article IX of the Constitution of the State of
Oklahoma, as authorized by Section 35 of Article IX of said
Constitution.
SECTION 124. AMENDATORY 17 O.S. 2021, Section 315, is
amended to read as follows:
Section 315. There is hereby created in the State Treasury a
revolving fund for the Corporation Commission, to be designated the
"Corporation Commission Storage Tank Revolving Fund", (Storage Tank
Revolving Fund). The fund shall be a continuing fund, not subject
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to fiscal year limitations, and shall consist of all monies received
by the Commission, from:
1. The proceeds of any fees imposed pursuant to the provisions
of the Oklahoma Petroleum Storage Tank Consolidation Act, Section
301 et seq. of this title;
2. Interest attributable to investment of monies in the
Corporation Commission Storage Tank Revolving Fund;
3. Monies received by the Commission in the form of gifts,
grants other than federal grants, reimbursements or appropriations
from any source intended to be used for the purposes of the
revolving fund;
4. Fines, forfeitures, administrative fees, settlement
proceeds; and
5. Any other sums designated for deposit to the revolving fund
from any source public or private.
All monies accruing to the credit of said revolving fund are
hereby appropriated and may be budgeted and expended by the
Commission for the purpose of implementing the provisions of the
Oklahoma Petroleum Storage Tank Consolidation Act and the rules
promulgated thereto. Expenditures from said revolving fund shall be
made upon warrants issued by the State Treasurer against claims
filed as prescribed by law with the Director Chief Operating Officer
of the Office of Management and Enterprise Services for approval and
payment.
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SECTION 125. AMENDATORY 17 O.S. 2021, Section 328, is
amended to read as follows:
Section 328. A. There is hereby created in the State Treasury
a fund for the Corporation Commission to be designated the "Oklahoma
Leaking Underground Storage Tank Trust Fund". The fund shall be a
continuing fund, not subject to fiscal year limitations, and shall
consist of loans and grants from the federal government and any
state matching funds required by the federal government with regard
to underground storage tanks.
B. There is hereby created in the State Treasury a revolving
fund for the Corporation Commission to be designated the "Oklahoma
Leaking Underground Storage Tank Revolving Fund". The fund shall be
a continuing fund, not subject to fiscal year limitations, and shall
consist of monies from public or private sources, and any monies
collected pursuant to the provisions of this section.
C. All monies accruing to the credit of the Oklahoma Leaking
Underground Storage Tank Trust Fund and the Oklahoma Leaking
Underground Storage Tank Revolving Fund are hereby appropriated and
may be budgeted and expended by the Corporation Commission only for
the purpose provided in this section, to best protect human health
and the environment. Expenditures from the funds shall be made upon
warrants issued by the State Treasurer against claims filed as
prescribed by law with the Director Chief Operating Officer of the
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Office of Management and Enterprise Services for approval and
payment.
D. The Corporation Commission is hereby given the power and
authority to receive, administer and authorize payments from the
Oklahoma Leaking Underground Storage Tank Trust Fund and the
Oklahoma Leaking Underground Storage Tank Revolving Fund. The
Commission shall establish separate accounts and subaccounts within
the Oklahoma Leaking Underground Storage Tank Trust Fund and the
Oklahoma Leaking Underground Storage Tank Revolving Fund deemed
necessary to implement the provisions of this section.
E. For the purpose of immediately responding to emergency
situations created by leaking underground storage tanks having
potentially critical environmental or public health or safety
impact, the Corporation Commission may take whatever action it deems
necessary without notice or hearing, including the expenditure of
monies from either the Oklahoma Leaking Underground Storage Tank
Trust Fund or the Oklahoma Leaking Underground Storage Tank
Revolving Fund or from both such funds to promptly respond to the
emergency.
F. 1. The Corporation Commission shall seek reimbursement from
the responsible person, firm or corporation for all expenditures
made from either the Oklahoma Leaking Underground Storage Tank Trust
Fund or the Oklahoma Leaking Underground Storage Tank Revolving Fund
or from both such funds. All monies received by the Corporation
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Commission as reimbursement or penalties relating to expenditures
made from the Oklahoma Leaking Underground Storage Tank Trust Fund
or Oklahoma Leaking Underground Storage Tank Revolving Fund shall be
transferred for deposit to the credit of the Oklahoma Leaking
Underground Storage Tank Revolving Fund. All monies received by the
Corporation Commission as reimbursement or penalties relating to
expenditures made from the Corporation Commission Storage Tank
Revolving Fund shall be transferred for deposit to the Corporation
Commission Storage Tank Revolving Fund.
2. The owner or operator is liable for the cost of the
corrective action taken by the Corporation Commission pursuant to
this subsection, including the cost of investigating the release and
administrative and legal expenses, if:
a. the owner or operator has failed to take a corrective
action ordered by the Commission and the Commission
has taken the corrective action, or
b. the Petroleum Storage Tank Division has taken
corrective action in an emergency.
3. Reasonable and necessary expenses incurred by the Commission
in taking a corrective action, including costs of investigating a
release and administrative and legal expenses, may be recovered in
an administrative proceeding. The Commission's certification of
expenses is prima facie evidence that the expenses are reasonable
and necessary. Expenses that are recovered under this subsection
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shall be deposited in the Oklahoma Leaking Underground Storage Tank
Revolving Fund.
G. Any owner or operator of an underground storage tank who
fails to comply with any order issued by the Corporation Commission
for corrective or enforcement actions may be subject to an
administrative penalty not to exceed Twenty-five Thousand Dollars
($25,000.00) for each underground tank for each day of violation.
The administrative penalties assessed and collected by the
Corporation Commission shall be deposited to the Oklahoma Leaking
Underground Storage Tank Revolving Fund to be disbursed by the
Commission in support of relevant agency activities.
SECTION 126. AMENDATORY 18 O.S. 2021, Section 552.20, is
amended to read as follows:
Section 552.20. There is hereby created in the State Treasury a
revolving fund for the Office of the Secretary of State to be
designated the "Secretary of State Charitable Solicitations
Revolving Fund". The fund shall be a continuing fund, not subject
to fiscal year limitations, and shall consist of all monies received
by the Office of the Secretary of State from sources provided under
this act and any appropriations made by the Legislature. All monies
accruing to the credit of the fund are hereby appropriated and may
be budgeted and expended by the Secretary of State in furtherance of
its duties under the provisions of the Oklahoma Solicitation of
Charitable Contributions Act. Expenditures from the fund shall be
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made upon warrants issued by the State Treasurer against claims
filed as prescribed by law with the Director Chief Operating Officer
of the Office of Management and Enterprise Services for approval and
payment.
SECTION 127. AMENDATORY 18 O.S. 2021, Section 552.21, is
amended to read as follows:
Section 552.21. There is hereby created in the State Treasury a
revolving fund for the Office of the Attorney General to be
designated the "Attorney General Charitable Solicitations
Enforcement Revolving Fund". The fund shall be a continuing fund,
not subject to fiscal year limitations, and shall consist of all
monies received by the Office of the Attorney General from sources
provided under this act and any appropriations made by the
Legislature. All monies accruing to the credit of the fund are
hereby appropriated and may be budgeted and expended by the Attorney
General in furtherance of its duties under the provisions of the
Oklahoma Solicitation of Charitable Contributions Act. Expenditures
from the fund shall be made upon warrants issued by the State
Treasurer against claims filed as prescribed by law with the
Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment.
SECTION 128. AMENDATORY 19 O.S. 2021, Section 215.28, is
amended to read as follows:
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Section 215.28. A. There is hereby created the District
Attorneys Council which shall be organized and administered as
herein provided. Any reference in the Oklahoma Statutes to the
District Attorneys Training Coordination Council shall mean the
District Attorneys Council.
B. The chief executive officer of the office of the Council is
the Executive Coordinator who shall be appointed and supervised by
the Council. The Executive Coordinator shall serve at the pleasure
of the Council. The Executive Coordinator shall be licensed to
practice law in Oklahoma and shall have been a district attorney or
assistant district attorney or have held an equivalent position in
state or federal government for at least three (3) years prior to
appointment. The Executive Coordinator may appoint an Assistant
Coordinator, both of whom shall be in the unclassified service of
the state. The Executive Coordinator and the Assistant Coordinator,
who shall also be licensed to practice law in Oklahoma, shall devote
full time to their duties and shall not engage in the private
practice of law. The Executive Coordinator shall perform the
functions and duties as may be assigned by the Council. The
Executive Coordinator shall be named the project director and fiscal
officer of any grant or fund received by the Council. The Executive
Coordinator and the Assistant Coordinator shall receive compensation
for their services within the pay scale limits for district
attorneys.
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C. 1. The Council shall be composed of the following members:
a. the Attorney General, or a designated representative
of the Attorney General,
b. the President of the Oklahoma District Attorneys
Association,
c. the President-elect of the Oklahoma District Attorneys
Association,
d. one district attorney selected by the Court of
Criminal Appeals for a three-year term, and
e. one district attorney selected by the Board of
Governors of the Oklahoma Bar Association for a three-
year term.
2. A member of the Council shall vacate the appointment upon
termination of the member's official position as Attorney General or
district attorney. A vacancy shall be filled in the same manner as
the original appointment. A member appointed to fill a vacancy
created other than by expiration of a term shall be appointed for
the unexpired term of the member whom the appointed member is to
succeed in the same manner as the original appointment. Any member
may serve more than one term.
D. The Council shall designate from among its members a
Chairman and Vice Chairman who shall serve for one-year terms and
who may be reelected. Membership on the Council shall not
constitute holding a public office. The Council shall not have the
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right to exercise any portion of the sovereign power of the state.
A member of the Council shall not be disqualified from holding any
public office or employment by reason of appointment or membership
on the Council, nor shall the member forfeit the office or
employment, by reason of appointment to the Council.
E. The Council shall meet at least four times in each year and
shall hold special meetings when called by the Chairman, or, in the
absence of the Chairman, by the Vice Chairman or when called by the
Chairman upon the written request of two members of the Council.
The Council shall establish its own procedures and requirements with
respect to quorum, place and conduct of its meetings and other
matters.
F. The members of the Council shall not receive a salary for
duties performed as members of the Council but shall be entitled to
be reimbursed for their travel expenses in accordance with the State
Travel Reimbursement Act.
G. The Council shall make an annual report to the Governor, the
President Pro Tempore of the Senate, the Speaker of the House of
Representatives, and the President of the Oklahoma District
Attorneys Association regarding its efforts to implement the
purposes of this section.
H. The Council shall have the power to perform such functions
as in its opinion shall strengthen the criminal justice system in
Oklahoma, to provide a professional organization for the education,
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training and coordination of technical efforts of all state
prosecutors and to maintain and improve prosecutor efficiency and
effectiveness in enforcing the laws of this state including, but not
limited to, the following:
1. Organize, supervise and perform functions consistent with
this section;
2. Convene regional or statewide conferences and training
seminars for the purpose of implementing the provisions of this
section;
3. Accept and expend monies, gifts, grants or services from any
public or private source; contract or enter into agreements with
educational institutions or state or federal agencies; and employ
personnel as the Council in its judgment finds necessary to
effectively carry out the provisions of this section. Such
employees shall be in the unclassified service of the state;
4. Serve in an advisory capacity to the district attorneys of
the state;
5. Provide and coordinate training and continuing legal
education for district attorneys and their assistants, including
participation in nationally recognized prosecutorial seminars
conducted in other states. Subject to available funding, curriculum
for training required under this paragraph shall include, but not be
limited to:
a. dynamics of domestic violence,
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b. the impact of domestic violence on victims and their
children including victim trauma and the neurobiology
of trauma,
c. identifying dominant aggressor,
d. tactics and behavior of batterers,
e. victim protection orders and full faith and credit
under the Violence Against Women Act of 1994,
f. rights of victims, and
g. evidence-based practices regarding behavioral health
and treatment of those with substance abuse or mental
health needs;
6. Gather and disseminate information to district attorneys
relative to their official duties, including changes in the law
relative to their office;
7. Coordinate with law enforcement officers, the courts and
corrections workers providing interdisciplinary seminars to augment
the effectiveness of the criminal justice system;
8. Require statistical reports from district attorneys' offices
relating to functions and workload performance;
9. Recommend additional legislation necessary to upgrade the
Oklahoma District Attorneys System to professional status;
10. Establish an equitable distribution plan for allocation of
any funds or gifts received from public or private sources for state
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prosecution and distribute such funds in accordance with such plan;
and
11. Appoint a larger Advisory Council made up of district
attorneys and assistant district attorneys to discuss problems and
hear recommendations concerning necessary research, minimum
standards, educational needs, and other matters imperative to
upgrading Oklahoma prosecution to professional status.
I. There is hereby created in the State Treasury a revolving
fund for the Council, to be designated the "District Attorneys
Council Revolving Fund". The fund shall consist of all monies
received by the Council other than appropriated funds. The
revolving fund shall be a continuing fund not subject to fiscal year
limitations and shall be under the control and management of the
Council. Expenditures from this fund shall be made pursuant to the
purposes of this act and without legislative appropriation.
Warrants for expenditures shall be drawn by the State Treasurer
based on claims signed by the authorized employee or employees of
the Council and approved for payment by the Director Chief Operating
Officer of the Office of Management and Enterprise Services.
J. The Council may accept operation and supervision of the Law
Enforcement Assistance Administration grants presently being
administered by the Oklahoma District Attorneys Association.
SECTION 129. AMENDATORY 19 O.S. 2021, Section 215.30, is
amended to read as follows:
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Section 215.30. A. Beginning January 1, 1997, each district
attorney shall receive a salary of Seventy-one Thousand Six Hundred
Sixty-three Dollars ($71,663.00) per year, payable monthly.
Beginning January 1, 1999, each district attorney shall receive a
salary of Eighty-five Thousand Dollars ($85,000.00) per year,
payable monthly. Beginning July 1, 2003, each district attorney
shall receive a salary equal to ninety-eight percent (98%) of the
salary of a district judge. Any increase in salary in fiscal year
2015 must be paid from existing available funds.
B. All appointees and employees of district attorneys, except
special district attorneys appointed pursuant to subsection C of
Section 215.37M of this title, shall be deemed to be state officers
or employees for all purposes. All special district attorneys
appointed pursuant to subsection C of Section 215.37M of this title
shall be deemed to be state officers only for purposes of The
Governmental Tort Claims Act and Rule 1.11 of the Rules of
Professional Conduct for attorneys licensed to practice law in this
state.
C. Population, for the purposes of Section 215.1 et seq. of
this title, shall be as determined by the last Federal Decennial
Census. The salaries of the district attorneys and the salaries of
the assistant district attorneys and their operating and maintenance
expenses in each county shall be paid by the state. Provided
however:
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1. In counties having a population of four hundred thousand
(400,000) or more, the salary of the district attorney and assistant
district attorneys may be supplemented by the county. Such
supplement for the district attorney shall not exceed twenty-five
percent (25%) of the salary provided for district attorneys by this
section. Such supplement for the assistant district attorneys shall
not exceed twenty-five percent (25%) of the salary authorized for
assistant district attorneys in Section 215.34 of this title.
2. The salaries and operating expenses of those assistant
district attorneys who are assigned to child support enforcement
duties shall be paid by funds received as reimbursement from the
Department of Human Services under terms of a contract with the
office of the district attorney as authorized by Section 237.1 of
Title 56 of the Oklahoma Statutes.
D. The District Attorneys Council, which may hereinafter be
referred to as the "Council", is hereby designated as the state
agency for the administration and disbursement of all salaries and
expenses of the offices of district attorneys authorized by law.
All such payrolls and claims against State Treasury funds must be
approved by the Council prior to submission to the Office of
Management and Enterprise Services for payment. The Council and the
Director Chief Operating Officer of the Office of Management and
Enterprise Services shall promulgate reasonable rules and
regulations covering the preparation of estimates of needs, budgets
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and claims for the administration of this act, Section 215.1 et seq.
of this title, the transmittal of county funds to the State Treasury
and the disbursement of all state and county funds under this act.
SECTION 130. AMENDATORY 19 O.S. 2021, Section 215.40, is
amended to read as follows:
Section 215.40. There is hereby created in the State Treasury a
revolving fund for the Office of the Attorney General to be
designated the "District Attorneys Evidence Fund". The fund shall
be a continuing fund, not subject to fiscal year limitations, and
shall consist of any monies transferred thereto by an act of the
Legislature. All monies accruing to the credit of said fund are
hereby appropriated and may be budgeted and expended by the District
Attorneys Council for necessary expenses relative to any pending
case within the official responsibility of the offices of the
district attorneys. Expenditures from said fund shall be made upon
warrants issued by the State Treasurer against claims filed as
prescribed by law with the Director Chief Operating Officer of the
Office of Management and Enterprise Services for approval and
payment.
SECTION 131. AMENDATORY 19 O.S. 2021, Section 220, is
amended to read as follows:
Section 220. A. Beginning July 1, 1991, there is hereby
created with the county treasurer of each county within this state a
depository revolving fund to be designated the "Court Clerk's
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Revolving Fund". The fund shall be a continuing fund, not subject
to fiscal year limitations, and shall consist of all monies received
as grants from the federal government and any other monies
designated by law for deposit into the fund. All monies accruing to
the credit of the fund shall be expended by the court clerk for the
lawful operation of the court clerk's office. Claims against the
fund shall include only expenses incurred for the operation of the
court clerk's office in each county, and payment may be made after
the claim is approved by the court clerk and either the district or
the associate district judge of that county. The monies shall be
reported quarterly to the Administrator of the Courts. The
necessary forms and procedures shall be developed and implemented by
the Administrative Director of the Courts.
B. There shall be no monies, other than federal funds,
deposited into the fund created herein, unless expressly authorized
by the Legislature.
C. Notwithstanding any other provision of law, the court clerk
shall assess an administrative fee of ten percent (10%) on all fees
collected by the court clerk for agencies other than the court and
not deposited into the court fund. The administrative fee shall not
attach to the sheriff's service fees provided for in Sections 153
and 153.2 of Title 28 of the Oklahoma Statutes, monies deposited
into the Law Library Fund, witness fees paid by the district
attorney pursuant to the provisions of Section 82 of Title 28 of the
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Oklahoma Statutes, and dispute resolution fees provided for in
Section 1809 of Title 12 of the Oklahoma Statutes. The
administrative fees shall be deposited in the Court Clerk's
Revolving Fund.
D. Effective July 1, 2016, in addition to the amount collected
in subsection C of this section, the court clerk shall assess an
administrative fee of fifteen percent (15%) on all fees collected by
the court clerk for agencies other than the court and not deposited
into the court fund.
E. There is hereby created in the State Treasury a revolving
fund to be allocated by the Supreme Court for the administration of
the district courts designated as the "District Court Revolving
Fund". The fund shall be a continuing fund, not subject to fiscal
year limitations, and shall consist of all monies collected pursuant
to subsection D of this section. All monies accruing to the credit
of the fund are hereby appropriated and may be budgeted and expended
by the Supreme Court as necessary to perform the duties imposed upon
the district courts by law. Expenditures from the District Court
Revolving Fund shall be made upon warrants issued by the State
Treasurer against claims filed as prescribed by law with the
Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment.
SECTION 132. AMENDATORY 19 O.S. 2021, Section 746.1, is
amended to read as follows:
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Section 746.1. There is hereby created in the State Treasury a
revolving fund for the State and Education Employees Group Insurance
Board to be designated the "Medical Expense Liability Revolving
Fund". The fund shall be a continuing fund, not subject to fiscal
year limitations, and shall consist of all monies received from fees
assessed pursuant to Section 1313.7 of Title 20 of the Oklahoma
Statutes. All monies accruing to the credit of the fund shall be
appropriated and may be budgeted and expended by the State and
Education Employees Group Insurance Board for qualified medical
expenses for inmates or persons in the custody of a county or city
jail pursuant to the criteria set forth in Section 1313.7 of Title
20 of the Oklahoma Statutes. A portion of the Medical Expense
Liability Revolving Fund shall be used for the costs the Board
incurred in administering such monies.
Expenditures from the fund shall be made upon warrants issued by
the State Treasurer against claims filed as prescribed by law with
the Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment.
SECTION 133. AMENDATORY 19 O.S. 2021, Section 901.58, is
amended to read as follows:
Section 901.58. There is hereby created in the State Treasury a
revolving fund for the State Department of Agriculture, to be
designated the "Rural Fire Defense Equipment Revolving Fund". The
fund shall be a continuing fund, not subject to fiscal year
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limitations, and shall consist of all monies received by the State
Department of Agriculture from any monies received from
appropriations, deposits made pursuant to the provisions of this
act, proceeds resulting from the sale of equipment purchased out of
monies in the fund, and such other monies specifically designated by
law. All monies accruing to the credit of said fund are hereby
appropriated and may be budgeted and expended by the Oklahoma
Department of Agriculture, Food, and Forestry for the purpose of
purchasing new firefighting equipment for purchase by rural fire
departments and such other purposes specifically designated by law.
Expenditures from said fund shall be made upon warrants issued by
the State Treasurer against claims filed as prescribed by law with
the Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment.
SECTION 134. AMENDATORY 20 O.S. 2021, Section 61, is
amended to read as follows:
Section 61. There is hereby created in the State Treasury a
revolving fund for the Court of Criminal Appeals to be designated
the "Court of Criminal Appeals Revolving Fund". The fund shall be a
continuing fund, not subject to fiscal year limitations, and shall
consist of all monies received by the Court of Criminal Appeals from
all other monies so designated for deposit thereto. All monies
accruing to the credit of said fund are hereby appropriated and may
be budgeted and expended by the Court of Criminal Appeals for duties
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imposed upon the Court of Criminal Appeals by law. Expenditures
from said fund shall be made upon warrants issued by the State
Treasurer against claims filed as prescribed by law with the
Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment.
SECTION 135. AMENDATORY 20 O.S. 2021, Section 1227, is
amended to read as follows:
Section 1227. A. There is hereby created in the State Treasury
a revolving fund for the Supreme Court to be designated the "Law
Library Revolving Fund". The fund shall be a continuing fund, not
subject to fiscal year limitations, and shall consist of all monies
collected by the clerks of the district court for law libraries as
prescribed by law, the sales of any law library books or equipment,
charges for services, gifts, grants, private donations, and federal
funding. All monies accruing to the credit of the fund are hereby
appropriated and may be budgeted and expended by the Supreme Court
upon approval of the Chief Justice for:
1. The payment of charges due and owing by county law libraries
at the time this statute is enacted;
2. The purchase of books, journals, publications, computer-
assisted research devices and services, computer equipment and
maintenance, communication charges, and other necessary equipment,
services, and fixtures;
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3. The payment of the salaries and benefits of personnel to
administer the law libraries and assist in the purchase, sale, and
inventory of books and equipment and the payment of all bills due
and owing by county law libraries. Without regard for the county in
which bills were incurred or monies accrued, all monies received in
the fund shall be combined and all bills paid from this fund;
4. The payment of incidental expenses as established in rules
promulgated by the Supreme Court;
5. The payment of expenses occurring as the result of a natural
disaster, accident, or equipment malfunction which is not reasonably
foreseeable;
6. No initial orders or renewals for printed materials not
previously on subscription may be placed after July 1, 1997; and
7. On or before August 1, 1997, the Administrative Director of
the Courts shall solicit proposals for electronic research services
to be provided to county law libraries if funds are available. Such
proposals shall provide both compact disc and Internet access
capabilities.
Expenditures from this fund shall be made upon warrants issued
by the State Treasurer against claims filed as prescribed by law
with the Director Chief Operating Officer of the Office of
Management and Enterprise Services for approval and payment.
B. Until June 30, 2021, the Office of Management and Enterprise
Services shall, at the request of the Administrative Director of the
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Courts, transfer any monies from the Law Library Revolving Fund to
the Supreme Court Administrative Revolving Fund or the Interagency
Reimbursement Fund as necessary to perform the duties imposed upon
the Supreme Court, Court of Civil Appeals and district courts by
law.
SECTION 136. AMENDATORY 20 O.S. 2021, Section 1310.1, is
amended to read as follows:
Section 1310.1. A. There is hereby created in the State
Treasury a revolving fund for the Supreme Court, to be designated
the "Supreme Court Revolving Fund". The fund shall be a continuing
fund, not subject to fiscal year limitations, and shall consist of
monies appropriated by the Legislature for the purposes specified in
this section and fees collected pursuant to Sections 72, 73.5, 1506
and 1707 of this title and paragraph 2 of subsection E of Section
152 of Title 28 of the Oklahoma Statutes. All monies accruing to
the credit of the fund are hereby appropriated and may be budgeted
and expended by the Supreme Court for refunds to bondsmen and for
the purpose of paying expenses authorized by Section 1809 of Title
12 of the Oklahoma Statutes, Sections 103.1, 1311, 1507, 1660 and
1707 of this title, Sections 562 and 1355.13A of Title 22 and
paragraph 2 of subsection E of Section 152 of Title 28 of the
Oklahoma Statutes, and to make any other expenditures determined by
the Supreme Court to be necessary due to unforeseen emergencies
impacting the operation of state courts, as well as recurring and
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nonrecurring expenditures to perform the duties imposed upon the
Supreme Court or Court of Civil Appeals by law. Expenditures from
the fund shall be made upon warrants issued by the State Treasurer
against claims filed as prescribed by law with the Director Chief
Operating Officer of the Office of Management and Enterprise
Services for approval and payment.
B. Until June 30, 2021, the Office of Management and Enterprise
Services shall, at the request of the Administrative Director of the
Courts, transfer any monies from the Supreme Court Revolving Fund to
the Supreme Court Administrative Revolving Fund or the Interagency
Reimbursement Fund as necessary to perform the duties imposed upon
the Supreme Court, Court of Civil Appeals and district courts by
law.
SECTION 137. AMENDATORY 20 O.S. 2021, Section 1310.2, is
amended to read as follows:
Section 1310.2. A. There is hereby created in the State
Treasury a revolving fund for the Supreme Court to be designated the
"State Judicial Revolving Fund". The fund shall be a continuing
fund, not subject to fiscal year limitations, and shall consist of
all receipts designated for deposit thereto pursuant to law and
monies appropriated by the Legislature for deposit thereto. All
monies accruing to the credit of the fund are hereby appropriated
and may be budgeted by the Supreme Court as necessary to perform the
duties imposed upon the Supreme Court, Court of Civil Appeals and
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district courts by law. The Administrative Director of the Courts,
with the approval of the Chief Justice of the Supreme Court, is
authorized to use the amounts deposited in the State Judicial
Revolving Fund for any lawful purpose including but not limited to
payment of recurring and nonrecurring administrative and operating
expenses for the Supreme Court and the district courts subject to
the ceilings established in the annual appropriations to the Supreme
Court and the district courts. The Chief Justice of the Supreme
Court, or the Administrative Director of the Courts acting at the
direction of the Chief Justice, shall determine the allocation of
funds and expenditures between or among the Supreme Court, Court of
Civil Appeals, and district courts. Expenditures from the fund
shall be made upon warrants issued by the State Treasurer against
claims filed as prescribed by law with the Director Chief Operating
Officer of the Office of Management and Enterprise Services for
approval and payment. The Supreme Court is hereby authorized to
transfer funds from the State Judicial Revolving Fund to the
district courts for duties imposed by law.
B. Until June 30, 2021, the Office of Management and Enterprise
Services shall, at the request of the Administrative Director of the
Courts, transfer any monies from the State Judicial Revolving Fund
to the Supreme Court Administrative Revolving Fund as necessary to
perform the duties imposed upon the Supreme Court, Court of Civil
Appeals and district courts by law.
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SECTION 138. AMENDATORY 20 O.S. 2021, Section 1310.3, is
amended to read as follows:
Section 1310.3. A. There is hereby created in the State
Treasury a revolving fund for the Supreme Court to be designated as
the "Supreme Court Administrative Revolving Fund". The fund shall
be a continuing fund, not subject to fiscal year limitations, and
shall consist of all monies transferred by the Supreme Court in any
given fiscal year or years. All monies accruing to the credit of
the fund are hereby appropriated and shall be budgeted and expended
by the Supreme Court as necessary to perform the duties imposed upon
the Supreme Court, Court of Civil Appeals and district courts by
law. Expenditures from the fund shall be made upon warrants issued
by the State Treasurer against claims filed as prescribed by law
with the Director Chief Operating Officer of the Office of
Management and Enterprise Services for approval and payment.
B. Until June 30, 2021, the Office of Management and Enterprise
Services shall, at the request of the Administrative Director of the
Courts, transfer any monies from the Supreme Court Administrative
Revolving Fund to the Interagency Reimbursement Fund as necessary to
perform the duties imposed upon the Supreme Court, Court of Civil
Appeals and district courts by law.
SECTION 139. AMENDATORY 20 O.S. 2021, Section 1315, is
amended to read as follows:
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Section 1315. A. 1. The Supreme Court, by and through the
Office of the Administrative Director of the Courts, shall establish
a court information system to be designated the "Oklahoma Court
Information System" for the purpose of providing data processing
services to state agencies, boards, and commissions and other
entities pursuant to contract. The Administrative Director of the
Courts may assess a reasonable fee for such services.
2. Court clerks and judges of the district courts of this state
shall utilize the case tracking, accounting, legal research, and
other services of the "Oklahoma Court Information System" at the
direction of the Chief Justice of the Supreme Court. The
development and implementation of the system's accounting, auditing,
and financial reporting functions shall be subject to the approval
of the State Auditor and Inspector.
B. There is hereby created in the State Treasury a revolving
fund for the Supreme Court to be designated the "Oklahoma Court
Information System Revolving Fund". The fund shall be a continuing
fund, not subject to fiscal year limitations, and shall consist of
all monies received in payment of data processing services furnished
pursuant to contract. The Administrative Director of the Courts, at
the end of each month, shall issue a statement of charges to each
entity for which data processing services were furnished. The cost
for data processing services shall be recovered directly from the
entity for which such services were furnished and shall not be
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prorated to or payable by those not receiving the services. All
monies accruing to the credit of the fund are hereby appropriated
and may be budgeted and expended by the Supreme Court for the
acquisition, operation, maintenance, repair, and replacement of data
processing equipment and software and for the operational expenses
of any court which is subject to the authority of the Administrative
Director of the Courts. Expenditures from the fund shall be made
upon warrants issued by the State Treasurer against claims filed as
prescribed by law with the Director Chief Operating Officer of the
Office of Management and Enterprise Services for approval and
payment. Until June 30, 2018, the Office of Management and
Enterprise Services shall, at the request of the Administrative
Director of the Courts, transfer an amount not to exceed Five
Million Dollars ($5,000,000.00) from the Oklahoma Court Information
System Revolving Fund to the District Court Interagency
Reimbursement Fund an amount that the Administrative Director of the
Courts, with the approval of the Chief Justice of the Supreme Court,
shall deem appropriate and necessary to perform the duties imposed
upon the district courts by law.
SECTION 140. AMENDATORY 20 O.S. 2021, Section 1316, is
amended to read as follows:
Section 1316. A. The Chief Justice of the Supreme Court is
authorized to appoint law student clerks for the Supreme Court,
Court of Civil Appeals, and the district courts. All personnel
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appointed under this section shall be appointed by and serve at the
pleasure of the Chief Justice of the Supreme Court. No personnel
employed under the provisions of this section shall be employed for
more than one thousand (1,000) hours per year.
B. There is hereby created in the State Treasury a revolving
fund for the Supreme Court, to be designated the "Grants and
Donations Revolving Fund". The fund shall be a continuing fund, not
subject to fiscal year limitations, and shall consist of all monies
received by the Supreme Court, from gifts, grants, private
donations, and federal funding for the payment of salaries and
benefits for law student clerks for the Supreme Court, Court of
Civil Appeals, or the district courts. All monies accruing to the
credit of the fund are hereby appropriated and may be budgeted and
expended by the Supreme Court for the purpose of the payment of
salaries and benefits for law student clerks for the Supreme Court,
Court of Civil Appeals, or the district courts. Expenditures from
the fund and personnel employed under the provisions of this section
shall be exempt from full-time-equivalency and budgetary
limitations. Expenditures from the fund shall be made upon warrants
issued by the State Treasurer against claims filed as prescribed by
law with the Director Chief Operating Officer of the Office of
Management and Enterprise Services for approval and payment.
SECTION 141. AMENDATORY 20 O.S. 2021, Section 1663, is
amended to read as follows:
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Section 1663. There is hereby created in the State Treasury a
revolving fund for the Council on Judicial Complaints to be
designated the "Council on Judicial Complaints Revolving Fund". The
fund shall be a continuing fund, not subject to fiscal year
limitations, and shall consist of all monies received by the Council
from collections received pursuant to Section 152 of Title 28 of the
Oklahoma Statutes. All monies accruing to the credit of said fund
are hereby appropriated and may be budgeted and expended by the
Council for the purpose of performing the duties imposed upon the
Council by law. Expenditures from said fund shall be made upon
warrants issued by the State Treasurer against claims filed as
prescribed by law with the Director Chief Operating Officer of the
Office of Management and Enterprise Services for approval and
payment.
SECTION 142. AMENDATORY 21 O.S. 2021, Section 142.17, is
amended to read as follows:
Section 142.17. There is hereby created in the State Treasury a
revolving fund for the Crime Victims Compensation Board to be
designated the "Crime Victims Compensation Revolving Fund". The
Fund shall be a continuing fund, not subject to fiscal year
limitations, and shall consist of all monies received by the Crime
Victims Compensation Board from any source excluding appropriated
funds. All monies accruing to the credit of said Fund are hereby
appropriated and, except for those monies specifically authorized by
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the Legislature to be expended by the District Attorneys Council for
administration of the Crime Victims Compensation Board or operating
expenses for administering federal grant programs, may be budgeted
and expended by the Board for the purpose of implementing the
provisions of the Oklahoma Crime Victims Compensation Act including
the provisions set forth in Section 142.20 of this title.
Expenditures from said fund shall be made upon warrants issued by
the State Treasurer against claims filed as prescribed by law with
the Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment. The fund shall be
invested in whatever instruments are authorized by law for
investments by the State Treasurer. The interest earned by any
investment of monies from the fund shall be credited to the fund for
expenditure as provided by law for the fund.
SECTION 143. AMENDATORY 21 O.S. 2021, Section 142.32, is
amended to read as follows:
Section 142.32. A. There is hereby created in the State
Treasury a revolving fund to be administered by the Oklahoma Crime
Victims Compensation Board to be designated the "Murrah Crime
Victims Compensation Fund". The fund shall be a continuing fund,
not subject to fiscal year limitations, and shall consist of all
monies received by the Oklahoma Crime Victims Compensation Board
from any source for the purpose of implementing the provisions of
the Murrah Crime Victims Compensation Act. All monies accruing to
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the credit of the fund shall be budgeted and expended exclusively to
compensate victims and the families of victims of the bombing on
April 19, 1995, that took place in front of the Alfred P. Murrah
Federal Building in Oklahoma City, Oklahoma. Expenditures from the
fund shall be made upon warrants issued by the State Treasurer
against claims filed as prescribed by law with the Director Chief
Operating Officer of the Office of Management and Enterprise
Services for approval and payment. For the purposes of the Murrah
Crime Victims Compensation Fund, "families" shall include
dependents, as defined by the Oklahoma Crime Victims Compensation
Act, parents and spouses.
B. The Administrator of the Oklahoma Crime Victims Compensation
Board is authorized to accept and expend contributions from any
lawful source to be used for the purposes of the fund. The
Administrator is further authorized to accept and expend any
contributions from the crime victims compensation systems of any
other state or other governmental entity for the use of the fund.
The Administrator of the Oklahoma Crime Victims Compensation Board
is authorized to accept the services of the victims compensation
system of any other state or governmental entity in the processing
of any claims received against the Murrah Crime Victims Compensation
Fund; provided, that the employees of such entities shall not be
considered as employees of the State of Oklahoma.
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C. The monies deposited in the Murrah Crime Victims
Compensation Fund shall at no time become monies of the state and
shall not become part of the general budget of the Oklahoma Crime
Victims Compensation Board or any other state agency. No monies
from the fund shall be transferred for any purpose to any state
agency or any account of the Oklahoma Crime Victims Compensation
Board or be used for the purpose of contracting with any other state
agency or reimbursing any other state agency for any expense. No
monies from the fund shall be used to pay or reimburse the Oklahoma
Crime Victims Compensation Board for, in whole or in part, the
salary of any employee involved in the administration of the Murrah
Crime Victims Compensation Act. Payment of claims from the fund
shall not become or be construed to be an obligation of this state.
No claims submitted for reimbursement from the fund shall be paid
with state monies.
SECTION 144. AMENDATORY Section 1, Chapter 376, O.S.L.
2023 (21 O.S. Supp. 2025, Section 748.3), is amended to read as
follows:
Section 748.3. A. There is hereby created in the State
Treasury a revolving fund for the Office of the Attorney General to
be designated the "Victims of Human Trafficking and Prevention
Revolving Fund". The fund shall be a continuing fund, not subject
to fiscal year limitations, and shall consist of all monies received
from penalties imposed by the courts on convictions of human
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trafficking violations and funds received from any other source,
including legislative appropriations. All monies accruing to the
credit of the fund are hereby appropriated and may be budgeted and
expended by the Office of the Attorney General for the purposes
provided in subsection B of this section. Expenditures from the
fund shall be made upon warrants issued by the State Treasurer
against claims filed as prescribed by law with the Director Chief
Operating Officer of the Office of Management and Enterprise
Services for approval and payment.
B. The purposes of the fund include, but are not limited to:
1. Educating the public about the recruitment, trafficking, and
exploitation of persons through human trafficking;
2. Assisting in the prevention of recruitment in schools of
minors for exploitation;
3. Establishing a survivors' resource center to make
information available to survivors of human trafficking about
services and resources, including legal services, social services,
safe harbors, safe houses, and language services;
4. Assisting in the coordination between law enforcement
agencies and service providers; and
5. Providing information concerning a petition for expungement
of a criminal history record resulting from the arrest or filing of
charges for an offense committed or reported to have been committed
while the person was a victim of human trafficking.
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SECTION 145. AMENDATORY 21 O.S. 2021, Section 1290.14,
as amended by Section 1, Chapter 156, O.S.L. 2024 (21 O.S. Supp.
2025, Section 1290.14), is amended to read as follows:
Section 1290.14. Safety and training course.
SAFETY AND TRAINING COURSE
A. Each applicant for a license to carry a concealed or
unconcealed handgun pursuant to the Oklahoma Self-Defense Act must
successfully complete a firearms safety and training course in this
state conducted by a registered and approved firearms instructor as
provided by the provisions of this section or from an interactive
online firearms safety and training course available electronically
via the Internet approved and certified by the Council on Law
Enforcement Education and Training. The applicant must further
demonstrate competence and qualification with an authorized pistol
to carry as a concealed or unconcealed handgun pursuant to the
provisions of the Oklahoma Self-Defense Act, except certain persons
may be exempt from such training requirement as provided by the
provisions of Section 1290.15 of this title.
B. The Council on Law Enforcement Education and Training
(CLEET) shall establish criteria for approving firearms instructors
and interactive online firearms safety and training courses
available electronically via the Internet for purposes of training
and qualifying individuals for a handgun license pursuant to the
provisions of the Oklahoma Self-Defense Act. Prior to submitting an
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application for CLEET approval as a firearms instructor, applicants
shall attend a firearms instructor school, meeting the following
minimum requirements:
1. Firearms instructor training conducted by one of the
following entities:
a. Council on Law Enforcement Education and Training,
b. National Rifle Association,
c. Oklahoma Rifle Association,
d. federal law enforcement agencies, or
e. other professionally recognized organizations;
2. The course shall be at least sixteen (16) hours in length;
3. Upon completion of the course, the applicant shall be
qualified to provide instruction on pistols; and
4. Receive a course completion certificate.
All firearms instructors shall be required to meet the
eligibility requirements for a handgun license as provided in
Sections 1290.9, 1290.10, and 1290.11 of this title and the
application shall be processed as provided for applicants in Section
1290.12 of this title, including the state and national criminal
history records search and fingerprint search. A firearms
instructor shall be required to pay a fee of One Hundred Dollars
($100.00) to the Council on Law Enforcement Education and Training
(CLEET) each time the person makes application for CLEET approval as
a firearms instructor pursuant to the provisions of the Oklahoma
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Self-Defense Act. The fee shall be retained by CLEET and shall be
deposited into the Firearms Instructors Revolving Fund. CLEET shall
promulgate the rules, forms and procedures necessary to implement
the approval of firearms instructors as authorized by the provisions
of this subsection. CLEET shall periodically review each approved
instructor during a training and qualification course to assure
compliance with the rules and course contents. Any violation of the
rules may result in the revocation or suspension of CLEET and
Oklahoma State Bureau of Investigation approval. Unless the
approval has been revoked or suspended, a firearms instructor’s
CLEET approval shall be for a term of five (5) years. CLEET shall
be responsible for notifying all approved firearms instructors of
statutory and policy changes related to the Oklahoma Self-Defense
Act. A firearms instructor shall not be required to submit his or
her fingerprints for a fingerprint search when renewing a firearms
instructor’s CLEET approval.
C. 1. All firearms instructors approved by CLEET to train and
qualify individuals for a handgun license shall be required to apply
for registration with the Oklahoma State Bureau of Investigation
after receiving CLEET approval. All firearms instructors teaching
the approved course for a handgun license must display their
registration certificate during each training and qualification
course. Each approved firearms instructor shall complete a
registration form provided by the Bureau and shall have the option
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to pay a registration fee of either One Hundred Dollars ($100.00)
for a five-year registration certificate or Two Hundred Dollars
($200.00) for a ten-year registration certificate to the Bureau at
the time of each application for registration, except as provided in
paragraph 2 of this subsection. Registration certificates issued by
the Bureau shall be valid for a period of five (5) years or ten (10)
years from the date of issuance. The Bureau shall issue a five-year
or ten-year handgun license to an approved firearms instructor at
the time of issuance of a registration certificate and no additional
fee shall be required or charged. The Bureau shall maintain a
current listing of all registered firearms instructors in this
state. Nothing in this paragraph shall be construed to eliminate
the requirement for registration and training with CLEET as provided
in subsection B of this section. Failure to register or be trained
as required shall result in a revocation or suspension of the
instructor certificate by the Bureau.
2. Registered instructors listed in subparagraphs a and b of
this paragraph shall not be required to renew the firearms
instructor registration certificate with the Oklahoma State Bureau
of Investigation at the expiration of the registration term,
provided the instructor is not subject to any suspension or
revocation of the firearms instructor certificate. The firearms
instructor registration with the Oklahoma State Bureau of
Investigation shall automatically renew together with the handgun
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license authorized in paragraph 1 of this subsection for an
additional five-year term and no additional cost or fee may be
charged for the following individuals:
a. an active duty law enforcement officer of this state
or any of its political subdivisions or of the federal
government who has a valid CLEET approval as a
firearms instructor pursuant to the Oklahoma Self-
Defense Act, and
b. a retired law enforcement officer authorized to carry
a firearm pursuant to Section 1289.8 of this title who
has a valid CLEET approval as a firearms instructor
pursuant to the Oklahoma Self-Defense Act.
D. The Oklahoma State Bureau of Investigation shall approve
registration for a firearms instructor applicant who is in full
compliance with CLEET rules regarding firearms instructors and the
provisions of subsection B of this section, if completion of the
federal fingerprint search is the only reason for delay of
registration of that firearms instructor applicant. Upon receipt of
the federal fingerprint search information, if the Bureau receives
information which precludes the person from having a handgun
license, the Bureau shall revoke both the registration and the
handgun license previously issued to the firearms instructor.
E. The required firearms safety and training course and the
actual demonstration of competency and qualification required of the
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applicant shall be designed and conducted in such a manner that the
course can be reasonably completed by the applicant within an eight-
hour period. CLEET shall establish the course content and
promulgate rules, procedures and forms necessary to implement the
provisions of this subsection. For the training and qualification
course, an applicant may be charged a fee which shall be determined
by the instructor or entity that is conducting the course. The
maximum class size shall be determined by the instructor conducting
the course; provided, however, practice shooting sessions shall not
have more than ten participating students at one time. CLEET may
establish criteria for assistant instructors and any other
requirements deemed necessary to conduct a safe and effective
training and qualification course. The course content shall include
a safety inspection of the firearm to be used by the applicant in
the training course; instruction on pistol handling, safety and
storage; dynamics of ammunition and firing; methods or positions for
firing a pistol; information about the criminal provisions of the
Oklahoma law relating to firearms; the requirements of the Oklahoma
Self-Defense Act as it relates to the applicant; self-defense and
the use of appropriate force; a practice shooting session; and a
familiarization course. The firearms instructor shall refuse to
train or qualify any person when the pistol to be used or carried by
the person is either deemed unsafe or unfit for firing or is a
weapon not authorized by the Oklahoma Self-Defense Act. The course
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shall provide an opportunity for the applicant to qualify himself or
herself with a pistol; provided, no pistol shall be capable of
firing larger than .45 caliber ammunition. Any applicant who
successfully trains and qualifies himself or herself with a pistol
shall be approved by the firearms instructor on the training
certificate. Upon successful completion of the training and
qualification course, a certificate of training and a certificate of
competency and qualification shall be issued to each applicant who
successfully completes the course. The certificate of training and
certificate of competency and qualification shall comply with the
forms established by CLEET and shall be submitted with an
application for a handgun license pursuant to the provisions of
paragraph 2 of subsection A of Section 1290.12 of this title. The
certificate of training and certificate of competency and
qualification issued to an applicant shall be valid for a period of
three (3) years.
F. There is hereby created a revolving fund for the Council on
Law Enforcement Education and Training (CLEET), to be designated the
“Firearms Instructors Revolving Fund”. The fund shall be a
continuing fund, not subject to fiscal year limitations, and shall
consist of all funds received for approval of firearms instructors
for purposes of the Oklahoma Self-Defense Act. All funds received
shall be deposited to the fund. All monies accruing to the credit
of the fund are hereby appropriated and may be budgeted and expended
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by the Council on Law Enforcement Education and Training, for
implementation of the training and qualification course contents,
approval of firearms instructors and any other CLEET requirement
pursuant to the provisions of the Oklahoma Self-Defense Act or as
may otherwise be deemed appropriate by CLEET. Expenditures from the
fund shall be made upon warrants issued by the State Treasurer
against claims filed as prescribed by law with the Director Chief
Operating Officer of the Office of Management and Enterprise
Services for approval and payment.
G. Firearms instructors shall keep on file for a period of not
less than three (3) years a roster of each training class, the
safety test score of each individual, the caliber and the weapon
each individual used when qualifying and whether or not each
individual successfully completed the training course. Firearms
instructors shall be authorized to destroy all training documents
and records upon expiration of the three-year time period.
SECTION 146. AMENDATORY 22 O.S. 2021, Section 1368, is
amended to read as follows:
Section 1368. There is hereby created in the State Treasury a
revolving fund for the Oklahoma Indigent Defense System to be
designated the "Indigent Defense System Revolving Fund". The fund
shall be a continuing fund, not subject to fiscal year limitations,
and shall consist of federal funds, grants, gifts and such other
funds as are provided by law. All monies accruing to the credit of
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said fund are hereby appropriated and may be budgeted and expended
by the Board to defray expenses relating to the performance of
duties imposed upon the Oklahoma Indigent Defense System by law.
Expenditures from said fund shall be made upon warrants issued by
the State Treasurer against claims filed as prescribed by law with
the Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment.
SECTION 147. AMENDATORY 22 O.S. 2021, Section 1369, is
amended to read as follows:
Section 1369. There is hereby created in the State Treasury a
revolving fund for the Oklahoma Indigent Defense System, to be
designated the "Contract Retention Revolving Fund". The fund shall
be a continuing fund, not subject to fiscal year limitations, and
shall consist of all monies retained by the Indigent Defense System,
pursuant to the provisions of Section 1355.8 of this title. All
monies accruing to the credit of said fund are hereby appropriated
and may be budgeted and expended by the Indigent Defense System for
the purpose of making contract payments pursuant to paragraph 2 of
subsection G of Section 1355.8 of this title. Expenditures from
said fund shall be made upon warrants issued by the State Treasurer
against claims filed as prescribed by law with the Director Chief
Operating Officer of the Office of Management and Enterprise
Services for approval and payment.
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SECTION 148. AMENDATORY 22 O.S. 2021, Section 1370.1, is
amended to read as follows:
Section 1370.1. There is hereby created in the State Treasury a
revolving fund for the Oklahoma Indigent Defense System, to be
designated the "Forensic Testing Revolving Fund". The fund shall be
a continuing fund, not subject to fiscal year limitations and shall
consist of all funds appropriated by the Legislature to the fund or
monies received from any political subdivision of the State of
Oklahoma as reimbursements or recovery for forensic testing. All
monies accruing to the credit of said fund are hereby appropriated
and may be budgeted and expended by the Oklahoma Indigent Defense
System for the purpose of providing forensic testing. Expenditures
shall be made upon warrants issued by the State Treasurer against
claims filed as prescribed by law with the Director Chief Operating
Officer of the Office of Management and Enterprise Services for
approval and payment.
SECTION 149. AMENDATORY 25 O.S. 2021, Section 82.1, is
amended to read as follows:
Section 82.1. A. The designation and dates of holidays in
Oklahoma shall be as follows: Each Saturday, Sunday, New Year's Day
on the 1st day of January, Martin Luther King, Jr.'s Birthday on the
third Monday in January, Presidents' Day on the third Monday in
February, Memorial Day on the last Monday in May, Independence Day
on the 4th day of July, Labor Day on the first Monday in September,
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Veterans' Day on the 11th day of November, Thanksgiving Day on the
fourth Thursday in November, the day after Thanksgiving Day,
Christmas on the 25th day of December, the day before or after
Christmas if Christmas is not on a Saturday or Sunday, the Thursday
and Friday before Christmas if Christmas is on a Saturday, the
Monday and Tuesday after Christmas, if Christmas is on a Sunday; and
if any of such holidays other than Christmas fall on Saturday, the
preceding Friday shall be a holiday in that year and if any of such
holidays other than Christmas fall on Sunday, the succeeding Monday
shall be a holiday in that year.
B. The Governor shall issue an Executive Order each year
specifying the dates on which the holidays other than Saturdays and
Sundays designated in subsection A of this section occur. If the
President of the United States declares any day other than those
listed in subsection A of this section as a national holiday, the
Governor may issue an Executive Order declaring such day a state
holiday.
C. Any act authorized, required, or permitted to be performed
on a holiday as designated in subsection A of this section may be
performed on the next succeeding business day, and no liability or
loss of rights of any kind shall result from such delay.
D. State employees, except for temporary and other limited term
employees, shall be entitled to a day off work without loss of pay
on those holidays specified in an Executive Order issued by the
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Governor pursuant to subsection B of this section. Those state
employees, except for temporary and other limited term employees,
who are required to work on a holiday specified in subsection B of
this section shall be entitled to a day off work, without loss of
pay, on an alternative date or payment in lieu thereof at the
discretion of the appointing authority and in accordance with rules
of the Director Chief Operating Officer of the Office of Management
and Enterprise Services.
E. For the purposes of this section, "holiday" means that
agencies whose mission does not require them to be open for business
every day of the year shall be closed for official business.
SECTION 150. AMENDATORY 25 O.S. 2021, Section 90.19, is
amended to read as follows:
Section 90.19. A. The Legislature finds that:
1. The Congress of the United States has authorized the
President to use military force against "nations, organizations, or
persons the President determines planned, authorized, committed, or
aided the terrorist attacks that occurred on September 11, 2001, or
harbored such organizations or persons", Pub. L. 107-40, and has
further authorized the President to use military force in order to
"defend the national security of the United States against the
continuing threat posed by Iraq", Pub. L. 107-243;
2. Although these policies have resulted in some degree of
controversy, it is incontrovertible that the members of the Armed
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Forces of the United States who have been deployed with respect
thereto have served with honor, dignity, and bravery, and that
public support for the members of the Armed Forces, and for their
families, has been steadfast and unwavering; and
3. For as long as members of the Armed Forces are so deployed,
such public support must continue and be demonstrated in every way
possible.
B. Until such time as such use of military force as referenced
in subsection A of this section is concluded, whether by
Presidential or congressional action, the Governor is directed to
order flags of the United States and the State of Oklahoma, on state
property, be flown at half-staff on the day of the memorial service
for any Oklahoman who lost his or her life while a member of the
Armed Forces of the United States.
C. On each such day of remembrance, all state agencies,
interested organizations, groups, and individuals are authorized and
requested to fly the flag of the United States at half-staff. The
Director Chief Operating Officer of the Office of Management and
Enterprise Services shall cause the provisions of this section to be
implemented by all appropriate agencies of state government.
SECTION 151. AMENDATORY 26 O.S. 2021, Section 2-118, is
amended to read as follows:
Section 2-118. A. 1. Except as provided by subsection C of
this section the secretary of each county election board shall be
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paid an annual salary to be determined by the following schedule.
However, the salary of a county election board secretary shall not
fall below the level of the April 30, 2003, salary, and the salary
of any person who is reappointed to the position of county election
board secretary shall not fall below the salary received in the
immediately preceding term, regardless of the number of active
registered voters in the county. A county election board secretary
shall not receive a salary increase while the county is under the
administrative supervision of the State Election Board.
2. Beginning May 1, 2007, and ending April 30, 2019, the annual
salary, payable monthly shall be:
Registered Voters Salary
0 to 10,000 $22,667.69
10,001 to 15,000 $23,507.68
15,001 to 17,500 $27,565.07
17,501 to 25,000 $30,901.43
25,001 to 50,000 $37,639.29
50,001 to 75,000 $47,433.39
75,001 to 150,000 $53,141.82
150,001 or more $58,845.15
3. Beginning May 1, 2019, and ending April 30, 2023, the annual
salary, payable monthly shall be:
Registered Voters Salary
0 to 10,000 $26,295.00
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10,001 to 15,000 $27,269.00
15,001 to 17,500 $31,975.00
17,501 to 25,000 $35,846.00
25,001 to 50,000 $43,662.00
50,001 to 75,000 $55,023.00
75,001 to 150,000 $61,645.00
150,001 or more $68,260.00
4. Beginning May 1, 2023, the annual salary, payable monthly
shall be:
Registered Voters Salary
0 to 10,000 $30,000.00
10,001 to 15,000 $31,087.00
15,001 to 17,500 $36,452.00
17,501 to 25,000 $40,864.00
25,001 to 50,000 $49,774.00
50,001 to 75,000 $62,726.00
75,001 to 150,000 $70,275.00
150,001 or more $77,817.00
B. The salary and fringe benefits paid to each secretary shall
be paid from county funds on a monthly basis and shall be reimbursed
from funds appropriated by the Legislature for that purpose at a
rate of not to exceed one hundred thirty-five percent (135%) of the
above-specified salaries. Claims for reimbursement shall be filed
according to procedures prescribed by the Secretary of the State
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Election Board and approved by the Director Chief Operating Officer
of the Office of Management and Enterprise Services. Claims for
reimbursement shall only be paid for actual expenditures made by the
county. The number of registered voters, for the purposes of this
section, shall be determined by the number of registered voters,
excluding inactive voters, in the county on January 1 of each odd-
numbered year.
C. The provisions of this section shall not preclude a county
from providing additional compensation, payable from county funds,
to the secretary of the county election board; provided, any such
additional compensation shall not be considered part of the
secretary's salary, and shall not be reimbursed by the State
Election Board.
SECTION 152. AMENDATORY 26 O.S. 2021, Section 3-107, is
amended to read as follows:
Section 3-107. There is hereby created in the State Treasury a
revolving fund for the State Election Board to be designated "The
State Election Board Revolving Fund." The fund shall consist of
monies received by the State Election Board pursuant to statutory
provisions, but not including appropriated funds. The revolving
fund shall be a continuing fund not subject to fiscal year
limitations and shall be under the administrative direction of the
Secretary of the State Election Board. Expenditures from said fund
shall be made pursuant to the laws of this state and the statutes
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relating to the said Board without legislative appropriation.
Warrants for expenditures from said fund shall be drawn by the State
Treasurer, based on claims signed by an authorized employee or
employees of the said Board and approved for payment by the Director
Chief Operating Officer of the Office of Management and Enterprise
Services.
SECTION 153. AMENDATORY 26 O.S. 2021, Section 3-107.1,
is amended to read as follows:
Section 3-107.1. There is hereby created in the State Treasury
a revolving fund for the Oklahoma State Election Board to be
designated the "State Election Board Election System Revolving
Fund". The fund shall be a continuing fund, not subject to fiscal
year limitations, and shall consist of monies received from federal
payments unless otherwise provided by federal law or regulation, or
any other source. All monies accruing to the credit of the fund are
hereby appropriated and may be budgeted and expended by the State
Election Board for authorized purposes. Expenditures from the fund
shall be made upon warrants issued by the State Treasurer against
claims filed as prescribed by law with the Director Chief Operating
Officer of the Office of Management and Enterprise Services for
approval and payment.
SECTION 154. AMENDATORY 26 O.S. 2021, Section 3-107.2,
is amended to read as follows:
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Section 3-107.2. There is hereby created in the State Treasury
a revolving fund for the Oklahoma State Election Board to be
designated the "State Election Board Help America Vote Act Revolving
Fund". The fund shall be a continuing fund, not subject to fiscal
year limitations, and shall consist of monies received from federal
grants related to the Help America Vote Act of 2002 unless otherwise
provided by federal law or regulation, or any other source. All
monies accruing to the credit of the fund are hereby appropriated
and may be budgeted and expended by the State Election Board for
authorized purposes. Expenditures from the fund shall be made upon
warrants issued by the State Treasurer against claims filed as
prescribed by law with the Director Chief Operating Officer of the
Office of Management and Enterprise Services for approval and
payment.
SECTION 155. AMENDATORY Section 1, Chapter 432, O.S.L.
2025 (26 O.S. Supp. 2025, Section 3-107.3), is amended to read as
follows:
Section 3-107.3. There is hereby created in the State Treasury
a revolving fund for the State Election Board to be designated the
“State Election Board Voting System Revolving Fund”. The fund shall
be a continuing fund, not subject to fiscal year limitations, and
shall consist of all monies received by the State Election Board
from funds appropriated by the Legislature provided for the
purchase, installation, maintenance, and security of a unitary,
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unified, integrated system of election administration for this state
as described in Section 21-101 of Title 26 of the Oklahoma Statutes.
All monies accruing to the credit of the fund are hereby
appropriated and may be budgeted and expended by the State Election
Board for the purpose provided for in this section. Expenditures
from the fund shall be made upon warrants issued by the State
Treasurer against claims filed as prescribed by law with the
Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment.
SECTION 156. AMENDATORY 26 O.S. 2021, Section 8-111, is
amended to read as follows:
Section 8-111. A. 1. In the event a candidate or individual
authorized to request a recount requests a recount of the ballots
cast in an election, it must set forth in the petition the precincts
and absentee ballots which are to be recounted.
2. The petition must be accompanied by either a cashier's check
or certified check for each county affected by the petition.
3. The candidate or individual may indicate in the petition
requesting the recount that the candidate or individual desires to
have the ballots recounted manually or by electronic voting devices.
Failure by the candidate or individual to state such preference for
a manual recount in the petition shall result in a recount by
electronic voting devices.
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4. a. If the candidate or individual requests that the
ballots be recounted manually, the petition must be
accompanied by a cashier's check or certified check in
the amount of Six Hundred Dollars ($600.00) for each
three thousand (3,000) ballots or fraction thereof, to
be recounted for each county affected.
b. If the candidate or individual requests that the
ballots be recounted by electronic device, the
petition must be accompanied by a cashier's check or
certified check in the amount of Six Hundred Dollars
($600.00) for the first three thousand (3,000) ballots
or fraction thereof and Three Hundred Dollars
($300.00) for each additional five thousand (5,000)
ballots or fraction thereof, to be recounted for each
affected county.
5. If the petition for a recount is filed with the State
Election Board, the petition must be accompanied by a cashier's
check in the amount of Three Hundred Dollars ($300.00) in addition
to the amounts required in paragraph 4 of this subsection.
6. In elections involving candidates, an additional deposit
equal to the total of the deposits required by paragraphs 2, 4 and 5
of this subsection shall be required if the margin between the
first-place candidate and second-place candidate is ten percent
(10%) or greater. Provided, in a Primary Election involving three
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or more candidates where a Runoff Primary may be required, and where
the margin between the second-place candidate and third-place
candidate is less than one percent (1%), or where the first-place
candidate is one percent (1%) above or below a majority, then no
additional deposit shall be required.
7. For an election involving candidates, the petition shall be
filed with the secretary of the election board with whom the
candidate filed the candidate's declaration of candidacy, unless
otherwise provided for by law. The petition may only be filed by a
candidate whose name was printed on the ballot for that office in
that election.
8. When such petition is properly filed, it shall be the duty
of the secretary of the appropriate election board to order the
recount to begin not less than three (3) nor more than ten (10) days
from the date of filing of the petition.
9. a. In elections involving candidates, it shall be the
duty of such contestant to cause to be served upon the
opposing candidate or candidates, and directly
affected by the contest, a true copy of the petition
and a true copy of the order.
b. Service shall be made in person where possible, within
twenty-four (24) hours after the filing of the
original petition of contest. Service shall be made
by the sheriff of the county as to all offices, except
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that of sheriff, in which case the same shall be
served by the county clerk and the certificate of
returns of such sheriff or county clerk, showing the
inability to make such service within the above-
mentioned time, shall be deemed sufficient proof of
the absence of such candidate, or candidates, or the
inability to serve such notice upon the candidate, and
to justify the constructive service hereafter
provided.
c. Where personal service is impossible, within the time,
it is hereby made the duty of the contestant to serve
true copies upon the secretary of the appropriate
election board. Provided that for the purpose of such
constructive service, the secretaries of the county
election boards are hereby made and constituted the
service agents for all contests of elections filed in
accordance herewith. By filing declaration of
candidacy for election, a candidate shall thereby be
conclusively presumed to have accepted the terms and
provisions hereof and specifically the aforesaid
constructive service. When constructive service
becomes necessary, constructive service shall be made
at the date, time and place of the hearing.
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B. For elections on issues or questions when no candidate is
involved and a majority is required for approval, recounts shall be
authorized only when:
1. The margin of votes between those for and those against the
issue is one hundred fifty (150) or less when fifteen thousand
(15,000) or more total votes are counted for and against the issue
or question; or
2. The margin of votes between those for and those against the
issue is one percent (1%) or less of the total number of votes cast
on the issue when fourteen thousand nine hundred ninety-nine
(14,999) or fewer total votes are cast for and against the issue or
question.
Provided, furthermore, that a recount is authorized only after an
individual, who is a registered voter and who participated in the
election, presents to the appropriate county election board a
petition signed by one hundred fifty (150) registered voters who
participated in the election when fifteen thousand (15,000) or more
total votes are counted for and against the question, or if fourteen
thousand nine hundred ninety-nine (14,999) or fewer votes are cast
for and against the issue, by a number of registered voters who
participated in the election equal to one percent (1%) or more of
the total votes cast for and against the issue.
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C. For elections on issues or questions when no candidate is
involved and more than a majority is required for approval, recounts
shall be authorized only when:
1. The margin of votes between those for the issue and the
number required for approval is one hundred fifty (150) or less when
fifteen thousand (15,000) or more total votes are counted for and
against the issue or question; or
2. The margin of votes between those for the issue and the
number required for approval is one percent (1%) or less of the
total number of votes cast on the issue when fourteen thousand nine
hundred ninety-nine (14,999) or fewer total votes are cast for and
against the issue or question.
Provided, furthermore, that a recount is authorized only after an
individual, who is a registered voter and who participated in the
election, presents to the appropriate county election board a
petition signed by one hundred fifty (150) registered voters who
participated in the election when fifteen thousand (15,000) or more
total votes are counted for and against the question, or if fourteen
thousand nine hundred ninety-nine (14,999) or fewer votes are cast
for and against the issue, by a number of registered voters who
participated in the election equal to one percent (1%) or more of
the total votes cast for and against the issue.
D. Within twenty-four (24) hours after a petition required in
subsections B and C of this section is filed, not counting Saturday,
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Sunday or legal holidays, the secretary of the county election board
who received the petition shall determine, pursuant to rules
promulgated by the Secretary of the State Election Board, if the
petition contains a sufficient number of valid signatures of
registered voters who participated in the election.
E. Recounts of issue or question elections shall not be
permitted of any statewide election, except as follows:
1. The Governor or the Attorney General may request a recount
of any state question. The request shall be in the form of a
petition prescribed by the Secretary of the State Election Board.
The petition shall be filed with the Secretary of the State Election
Board no later than the deadline provided in Section 8-109 of this
title, and the petition shall be accompanied by a cashier's check or
certified check in the amount required by subsection A of this
section.
2. Subject to available funding, the Secretary of the State
Election Board shall order an automatic recount of a state question
if:
a. the margin of votes required for approval is one-half
of one percent (1/2 of 1%) or less of the total number
of votes cast for and against a state question
involving a statutory issue or question, and
b. the margin of votes required for approval is one
percent (1%) or less of the total number of votes cast
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for and against a state question involving a
constitutional issue or question.
For the purposes of this paragraph, "available funding" shall mean a
balance of Two Hundred Fifty Thousand Dollars ($250,000.00) or more
in the State Question Recount Revolving Fund as of the date of the
election.
3. Unless otherwise provided in this subsection, the general
laws governing recounts shall be applicable to such recounts.
4. The Secretary of the State Election Board shall determine
the dates and times each county election board shall begin a recount
pursuant to this subsection. Provided, such a recount shall be
concluded no later than forty-five (45) days after the date of the
election.
5. The Secretary of the State Election Board may prescribe such
rules and procedures as may be necessary to implement the provisions
of this subsection.
F. There is hereby created in the State Treasury a revolving
fund for the State Election Board to be designated the "State
Question Recount Revolving Fund". The fund shall consist of monies
appropriated by the Legislature.
1. The revolving fund shall be a continuing fund, not subject
to fiscal year limitations, provided that at no point shall the
balance in the fund exceed Five Hundred Thousand Dollars
($500,000.00) and shall be under the administrative direction of the
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Secretary of the State Election Board. Fees collected each fiscal
year in excess of the Five Hundred Thousand Dollars ($500,000.00)
balance limitation shall be placed to the credit of the State
Election Board Revolving Fund.
2. Expenditures from the fund shall be limited to:
a. the costs of the State Election Board directly related
to conducting a recount of a state question pursuant
to paragraph 2 of subsection E of this section, and
b. reimbursements to county election boards for costs
directly related to conducting a recount of a state
question pursuant to paragraph 2 of subsection E of
this section.
3. Warrants for expenditures from said fund shall be drawn by
the State Treasurer, based on claims signed by employees authorized
by the Secretary of the State Election Board and approved for
payment by the Director Chief Operating Officer of the Office of
Management and Enterprise Services.
4. All interest earned on the balance of funds in the State
Question Recount Revolving Fund shall be deposited by the State
Treasurer into the fund on a monthly basis.
SECTION 157. AMENDATORY 27A O.S. 2021, Section 1-2-103,
is amended to read as follows:
Section 1-2-103. There is hereby created in the State Treasury
a revolving fund for the Secretary of Energy and Environment or the
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successor cabinet position having authority over the Department of
Environmental Quality to be designated the "Environmental
Remediation Revolving Fund". The fund shall be a continuing fund,
not subject to fiscal year limitations, and shall consist of all
monies received by the Secretary from Natural Resource Damage
Assessments on behalf of the state, pursuant to paragraph 4 of
subsection A of Section 1-2-101 of Title 27A of the Oklahoma
Statutes, that are not designated for deposit to any other fund as
authorized by law. All monies accruing to the credit of the fund
are hereby appropriated and may be budgeted and expended by the
Secretary to perform the duties imposed by law. Expenditures from
the fund shall be made upon warrants issued by the State Treasurer
against claims filed as prescribed by law with the Director Chief
Operating Officer of the Office of Management and Enterprise
Services for approval and payment.
SECTION 158. AMENDATORY 27A O.S. 2021, Section 1-2-104,
is amended to read as follows:
Section 1-2-104. There is hereby created in the State Treasury
a revolving fund for the Secretary of Energy and Environment or the
successor cabinet position having authority over the Department of
Environmental Quality to be designated the "Environmental Programs
Revolving Fund". The fund shall be a continuing fund, not subject
to fiscal year limitations, and shall consist of all monies received
by the Secretary from appropriations, fees, charges, penalties, and
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any other sources that are not designated for deposit to any other
fund as authorized by law. All monies accruing to the credit of the
fund are hereby appropriated and may be budgeted and expended by the
Secretary to perform the duties imposed by law. Expenditures from
the fund shall be made upon warrants issued by the State Treasurer
against claims filed as prescribed by law with the Director Chief
Operating Officer of the Office of Management and Enterprise
Services for approval and payment.
SECTION 159. AMENDATORY 27A O.S. 2021, Section 2-3-401,
is amended to read as follows:
Section 2-3-401. A. There is hereby created in the State
Treasury a revolving fund for the Department of Environmental
Quality to be designated the "Department of Environmental Quality
Revolving Fund". The fund shall be a continuing fund, not subject
to fiscal year limitations, and shall consist of all monies received
by the Department from appropriations, administrative penalties,
fees, charges, gifts and monies from any other source that are not
designated for deposit to any other fund authorized by this Code.
All monies accruing to the credit of said fund are hereby
appropriated and may be budgeted and expended by the Department for
the purpose of implementing and enforcing this Code. Expenditures
from said fund shall be made upon warrants issued by the State
Treasurer against claims filed as prescribed by law with the
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Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment.
B. Individual subaccounts shall be established in the
Department of Environmental Quality Revolving Fund as necessary to
maintain the tracking of monies collected and to support the
programs and functions within the jurisdiction of the Department.
Each subaccount shall consist of all monies collected pursuant to
the program or function for which such subaccount has been
established and all monies collected for such programs and functions
shall be expended only and solely in furtherance of the statutory
objectives of such programs and functions. Provided, as otherwise
authorized by law, the Department may transfer monies between
subaccounts to meet cash flow needs of the Department so long as the
monies are transferred back to the appropriate subaccount to be
expended on the appropriate programs and functions.
C. All revolving fund monies belonging to, deposited in or
payable to the State Department of Health or the Oklahoma Water
Resources Board for the purpose of administering a program or
function over which the Department of Environmental Quality has
jurisdiction, are hereby transferred to the appropriate funds of the
Department of Environmental Quality. All other monies belonging to,
deposited in or payable to any other revolving fund under the
jurisdiction of the Department are hereby transferred.
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SECTION 160. AMENDATORY 27A O.S. 2021, Section 2-3-403,
is amended to read as follows:
Section 2-3-403. There is hereby created in the State Treasury
a revolving fund for the Department of Environmental Quality to be
designated the "Environmental Trust Revolving Fund". The fund shall
be a continuing fund, not subject to fiscal year limitations, and
shall consist of monies collected pursuant to the provisions of
Section 354 of Title 17 of the Oklahoma Statutes for deposit in the
Environmental Trust Revolving Fund and monies received in the form
of gifts, grants, reimbursements, and from any other source
specified for the purposes specified by this section. All monies
accruing to the credit of said fund are hereby appropriated and may
be budgeted and expended by the Department of Environmental Quality
for matching federal funds available for environmental remediation
and cleanup. Expenditures from said fund shall be made upon
warrants issued by the State Treasurer against claims filed as
prescribed by law with the Director Chief Operating Officer of the
Office of Management and Enterprise Services for approval and
payment.
SECTION 161. AMENDATORY Section 1, Chapter 438, O.S.L.
2024 (27A O.S. Supp. 2025, Section 2-3-404), is amended to read as
follows:
Section 2-3-404. A. There is hereby created in the State
Treasury a revolving fund for the Department of Environmental
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Quality to be designated the “Blue River-Little Blue Creek Stream
Health Assessment Study Revolving Fund”. The fund shall be a
continuing fund, not subject to fiscal year limitations, and shall
consist of all monies received by the Department from
appropriations, apportionments, donations, and federal grants
received for the purpose of completing the study created pursuant to
subsection B of this section. All monies accruing to the credit of
the fund are hereby appropriated and may be budgeted and expended by
the Department for the purpose provided for in this section.
Expenditures from the fund shall be made upon warrants issued by the
State Treasurer against claims filed as prescribed by law with the
Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment.
B. Pursuant to the requirements of Section 1-3-101 of Title 27A
of the Oklahoma Statutes as it relates to waters emanating from a
sensitive sole source aquifer, the Department shall establish and
perform a Blue River-Little Blue Creek Stream Health Assessment
Study. The Department shall coordinate with a research university
for the purpose of defining the study scope and conducting work
necessary to complete data collection and the development of the
Blue River-Little Blue Creek Stream Health Assessment Study. The
Department shall preference resources and partnerships within this
state during evaluation for the performance of conducting this
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study. The Department may coordinate with other relevant state and
federal agencies to effectuate the provisions of this section.
SECTION 162. AMENDATORY 27A O.S. 2021, Section 2-7-304,
is amended to read as follows:
Section 2-7-304. A. There is hereby created in the State
Treasury a special fund for the Department to be designated as the
"Hazardous Waste Fund". This fund shall consist of monies
transferred to it from funds appropriated to the Department for this
purpose and from other sources as provided by law. The fund shall
be a continuing fund not subject to fiscal year limitations.
Expenditures from the Hazardous Waste Fund shall be made upon
warrants issued by the State Treasurer against claims submitted to
the Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment. The fund shall be for
the purpose of protecting public health and safety as prescribed in
the Hazardous Waste Management Act and for providing basic emergency
response training and protective equipment and for response or
remediation activities authorized in subsection F of Section 2-7-121
of this title. The Department is authorized, upon the request of a
municipality or county, to assist such municipality or county in the
development of emergency response plans. The fund shall be under
the control and management of the administrative authority of the
Department. Pursuant to the provisions of the Hazardous Waste Fund
Act, the Department is authorized to determine the manner in which
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such fund is to be used. The Department of Public Safety and the
Department of Civil Emergency Management are authorized and directed
to assist and cooperate with the Department in the performance of
its duties under the Hazardous Waste Fund Act.
B. Hazardous waste fees paid into the Department of
Environmental Quality Revolving Fund pursuant to the Hazardous Waste
Management Act may be transferred to the Hazardous Waste Fund.
SECTION 163. AMENDATORY 27A O.S. 2021, Section 3-2-106a,
is amended to read as follows:
Section 3-2-106a. There is hereby created in the State Treasury
a revolving fund for the Oklahoma Conservation Commission to be
designated the "Conservation Commission Revolving Fund (#405)". The
fund shall be a continuing fund, not subject to fiscal year
limitations, and shall consist of all monies received by the
Conservation Commission from appropriations, fees, charges,
penalties, and any other sources that are not designated for deposit
to any other fund as authorized by law. All monies accruing to the
credit of said fund are hereby appropriated and may be budgeted and
expended by the Conservation Commission to perform the duties
imposed by the Commission by law. Expenditures from said fund shall
be made upon warrants issued by the State Treasurer against claims
filed as prescribed by law with the Director Chief Operating Officer
of the Office of Management and Enterprise Services for approval and
payment.
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SECTION 164. AMENDATORY 27A O.S. 2021, Section 3-2-106b,
is amended to read as follows:
Section 3-2-106b. There is hereby created in the State Treasury
a revolving fund for the Oklahoma Conservation Commission to be
designated the "Conservation Commission Tar Creek Mine Reclamation
Revolving Fund". The fund shall be a continuing fund, not subject
to fiscal year limitations, and shall consist of all monies received
by the Conservation Commission from appropriations, fees, charges,
penalties, federal grants and any other sources including interest
earned from the income in the fund that are designated for deposit
to such fund or designated for duties associated with the Tar Creek
superfund project. All monies accruing to the credit of said fund
are hereby appropriated and may be budgeted and expended by the
Conservation Commission to perform the duties imposed on the
Commission by law. Expenditures from said fund shall be made upon
warrants issued by the State Treasurer against claims filed as
prescribed by law with the Director Chief Operating Officer of the
Office of Management and Enterprise Services for approval and
payment.
SECTION 165. AMENDATORY 27A O.S. 2021, Section 3-2-109,
is amended to read as follows:
Section 3-2-109. There is hereby created in the State Treasury
a revolving fund for the Oklahoma Conservation Commission, to be
designated the "Concentrated Animal Feeding Operation Revolving
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Fund". The fund shall be a continuing fund, not subject to fiscal
year limitations, and shall consist of cost-share monies received by
the Commission from the Concentrated Animal Feeding Operation
Program. All monies accruing to the credit of said fund are hereby
appropriated and may be budgeted and expended by the Commission for
the general operation of the Commission. Expenditures from said
fund shall be made upon warrants issued by the State Treasurer
against claims filed as prescribed by law with the Director Chief
Operating Officer of the Office of Management and Enterprise
Services for approval and payment.
SECTION 166. AMENDATORY 27A O.S. 2021, Section 3-2-110,
is amended to read as follows:
Section 3-2-110. A. There is hereby created in the State
Treasury a revolving fund for the Oklahoma Conservation Commission
to be designated the "Oklahoma Conservation Commission
Infrastructure Revolving Fund".
B. The fund shall be a continuing fund, not subject to fiscal
year limitations, and shall consist of all monies received by the
Oklahoma Conservation Commission from the apportionment of gross
production tax revenues as prescribed by Section 1004 of Title 68 of
the Oklahoma Statutes.
C. All monies accruing to the credit of said fund are hereby
appropriated and may be budgeted and expended by the Oklahoma
Conservation Commission for the purpose of the rehabilitation of
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watershed dams and, for the Conservation Cost Share Program and the
Conservation Reserve Enhancement Program.
D. Expenditures from said fund shall be made upon warrants
issued by the State Treasurer against claims filed as prescribed by
law with the Director Chief Operating Officer of the Office of
Management and Enterprise Services for approval and payment.
E. No more than thirty percent (30%) of the monies in the fund
shall be used for the payment of administrative expenses, salary or
any other continuing obligation of the Oklahoma Conservation
Commission; provided, however, such monies shall not be used for
salary increases for employees.
SECTION 167. AMENDATORY 27A O.S. 2021, Section 3-3-115,
is amended to read as follows:
Section 3-3-115. A. There is hereby created within the State
Treasury a cost-share fund for the Oklahoma Conservation Commission
to be designated the "Conservation Cost-Share Fund". The fund shall
be a continuing fund, not subject to fiscal year limitations, and
shall consist of all monies received by the Conservation Commission
to implement and maintain the conservation cost-share program.
B. The Conservation Cost-Share Fund shall consist of:
1. Money received by the Conservation Commission in the form of
gifts, grants, reimbursements, donations, industry contributions,
state appropriations, funds allocated by federal agencies for cost-
share programs and such other monies specifically designated for the
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cost-share program. All monies accruing to the credit of said fund
are hereby appropriated and may be budgeted and expended by the
Commission for the conservation cost-share program; and
2. Interest attributable to investment of money in the
Conservation Cost-Share Fund.
C. All donations or other proceeds received by the Commission
pursuant to the provisions of this section shall be deposited with
the State Treasurer to be credited to the Conservation Cost-Share
Fund. Expenditures from the fund shall be made upon warrants issued
by the State Treasurer against claims filed as prescribed by law
with the Director Chief Operating Officer of the Office of
Management and Enterprise Services for approval and payment.
D. The monies deposited in the Conservation Cost-Share Fund
shall at no time become part of the general budget of the
Conservation Commission or any other state agency. Except for any
administration costs incurred in development and implementation of
the cost-share program, no monies from the fund shall be transferred
for any purpose to any other state agency or any account of the
Conservation Commission or be used for the purpose of contracting
with any other state agency or reimbursing any other state agency
for any expense.
SECTION 168. AMENDATORY 27A O.S. 2021, Section 3-3-406,
is amended to read as follows:
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Section 3-3-406. The Small Watersheds Flood Control Fund shall
be under the control and supervision of the Oklahoma Conservation
Commission and shall be paid on its itemized form which shall be
audited by the said board and, upon final approval, vouchers which
are payable from said fund shall be forwarded to the Director Chief
Operating Officer of the Office of Management and Enterprise
Services, who shall audit the same and, upon approval thereof,
warrants shall be issued according to law, and said warrants shall
be paid by the State Treasurer from the said fund.
SECTION 169. AMENDATORY 27A O.S. 2021, Section 3-3-502,
is amended to read as follows:
Section 3-3-502. A. There is hereby created in the State
Treasury a revolving fund for the Oklahoma Conservation Commission
to be designated the "Oklahoma Conservation Commission Municipal
Infrastructure Cost-Share Revolving Fund".
B. The fund shall be a continuing fund, not subject to fiscal
year limitations, and shall consist of all monies received by the
Oklahoma Conservation Commission in the form of gifts, grants,
reimbursements, donations, industry contributions, state
appropriations, funds allocated by federal agencies for cost-share
programs and such other monies specifically designated for the
Oklahoma Conservation Commission Municipal Infrastructure Cost-Share
Program. All monies accruing to the credit of said fund are hereby
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appropriated and may be budgeted and expended by the Commission for
the Municipal Infrastructure Conservation Cost-Share Program; and
interest attributable to investment of money in the Oklahoma
Conservation Commission Municipal Infrastructure Cost-Share
Revolving Fund.
C. All donations or other proceeds received by the Commission
pursuant to the provisions of this section shall be deposited with
the State Treasurer to be credited to the Oklahoma Conservation
Commission Municipal Infrastructure Cost-Share Revolving Fund.
Expenditures from the fund shall be made upon warrants issued by the
State Treasurer against claims filed as prescribed by law with the
Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment.
D. All monies accruing to the credit of said fund are hereby
appropriated and may be budgeted and expended by the Oklahoma
Conservation Commission for the purpose of matching municipal or
rural water district funds for the rehabilitation of watershed dams
and for the Conservation Cost-Share Program and the Conservation
Reserve Enhancement Program pursuant to the Oklahoma Conservation
Commission Municipal Infrastructure Cost-Share Program.
E. Expenditures from the fund shall be made upon warrants
issued by the State Treasurer against claims filed as prescribed by
law with the Director Chief Operating Officer of the Office of
Management and Enterprise Services for approval and payment.
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F. No more than five percent (5%) of the monies in the fund
shall be used for the payment of administrative expenses, salary or
any other continuing obligation of the Oklahoma Conservation
Commission.
SECTION 170. AMENDATORY Section 11, Chapter 247, O.S.L.
2025 (27A O.S. Supp. 2025, Section 3-5-109), is amended to read as
follows:
Section 3-5-109. A. There is hereby created in the State
Treasury a revolving fund for the Corporation Commission to be
designated the “Class VI Carbon Sequestration Storage Facility
Revolving Fund”. The fund shall be a continuing fund, not subject
to fiscal year limitations, and shall consist of all monies received
by the Commission from fines and fees paid to the Corporation
Commission pursuant to Sections 9 and 10 of this act. All monies
accruing to the credit of the fund are hereby appropriated and may
be budgeted and expended by the Commission for the purpose provided
for in this section. Expenditures from the fund shall be made upon
warrants issued by the State Treasurer against claims filed as
prescribed by law with the Director Chief Operating Officer of the
Office of Management and Enterprise Services for approval and
payment.
B. If a CO2 sequestration facility or a CO2 storage unit as a
part of a CO2 sequestration facility at any time deposits more than
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Five Million Dollars ($5,000,000.00) to the fund, the fee
assessments to that facility or unit shall cease until such time as
funds begin to be expended for that facility or unit. The State
Treasurer shall certify to the Corporation Commission the date on
which the balance in the fund for a facility or unit equals or
exceeds Five Million Dollars ($5,000,000.00). On and after the
first day of the second month following the certification, fees
shall not be collected from such facility or unit; provided, fee
collection shall resume on receipt of a certification by the State
Treasurer that, based on the expenditures and commitments to expend
monies, the fund has fallen below Four Million Dollars
($4,000,000.00) of funds collected from that facility.
C. Expenditures from the fund may be used to:
1. Remediate any issues associated with, arising from, or
related to the site, including remediation of property, site
infrastructure, and any mechanical problems associated with the
remaining wells;
2. Fund research and development in connection with carbon
sequestration technologies and methods;
3. Monitor any remaining surface facilities and wells;
4. Repair any mechanical leaks at the storage facility;
5. Hire outside legal counsel as needed to effectuate the
provisions of this act;
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6. Plug remaining injection wells, except for those wells to be
used as observation wells; and
7. Contract for assistance with permit or application review.
D. Not later than November 1 annually, the Corporation
Commission shall furnish an electronic report to the Secretary of
Energy and Environment, the President Pro Tempore of the Senate, and
the Speaker of the House of Representatives. The report shall
address the administration of funds, fund balances, expenditures
made, and any other information deemed necessary by the Corporation
Commission.
E. Not later than November 1, 2030, and every five (5) years
thereafter, the Corporation Commission shall furnish an electronic
report to the President Pro Tempore of the Senate and the Speaker of
the House of Representatives assessing the effectiveness of the fund
and other related provisions within this act. The Corporation
Commission shall provide such other information as may be requested
by the Legislature.
SECTION 171. AMENDATORY Section 3, Chapter 146, O.S.L.
2025 (27A O.S. Supp. 2025, Section 3-7-113), is amended to read as
follows:
Section 3-7-113. There is hereby created in the State Treasury
a revolving fund for the Oklahoma Conservation Commission to be
designated the “Spring Creek Watershed Study Cash Fund Revolving
Fund”. The fund shall be a continuing fund, not subject to fiscal
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year limitations, and shall consist of all monies received by the
Commission from appropriations by the Legislature to the fund, and
any money received as gifts, grants, or other contributions from
public or private sources provided for the purpose of implementing
the Spring Creek Watershed Study Act. All monies accruing to the
credit of the fund are hereby appropriated and may be budgeted and
expended by the Commission for the purpose provided for in this act.
Expenditures from the fund shall be made upon warrants issued by the
State Treasurer against claims filed as prescribed by law with the
Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment.
SECTION 172. AMENDATORY Section 3, Chapter 372, O.S.L.
2023 (27A O.S. Supp. 2025, Section 3-8-103), is amended to read as
follows:
Section 3-8-103. There is hereby created in the State Treasury
a revolving fund for the Oklahoma Conservation Commission to be
designated the "North Canadian Watershed Restoration Revolving
Fund". The fund shall be a continuing fund, not subject to fiscal
year limitations, and shall consist of all monies received by the
Conservation Commission from appropriations, federal grants or
funds, municipal contributions, private contributions, and any other
sources, including interest earned from the income in the fund, that
are designated for deposit to such fund or designated for duties
associated with harmful woody species removal from the North
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Canadian Watershed. All monies accruing to the credit of said fund
are hereby appropriated and may be budgeted and expended by the
Conservation Commission to perform the duties imposed on the
Commission by law. Expenditures from said fund shall be made upon
warrants issued by the State Treasurer against claims filed as
prescribed by law with the Director Chief Operating Officer of the
Office of Management and Enterprise Services for approval and
payment.
SECTION 173. AMENDATORY 29 O.S. 2021, Section 3-302, is
amended to read as follows:
Section 3-302. A. There is hereby created in the State
Treasury a revolving fund to be known as the Wildlife Conservation
Fund, which shall consist of all monies heretofore or hereafter
appropriated to, on deposit in, or credited to the State Game and
Fish Fund created by Section 115 of Title 29 of the 1951 Oklahoma
Statutes, and, in addition thereto, all license fees, penalties,
fines or forfeitures and bond forfeitures collected by the state,
any subdivision thereof, any public official or any other person for
the violation of the wildlife conservation laws of this state, and
all donations for such purposes as well as all monies received by
the Department and all interest accruing therefrom. All monies
accruing to the fund shall be subject to the following budgetary
limitations:
1. Full-time-equivalent employees;
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2. Personal services expenditures;
3. Federal fund expenditures; and
4. Total expenditures.
B. The expenditures of the Wildlife Conservation Fund shall be
under the control and supervision of the Commission, and all claims
against said fund shall be paid on its itemized voucher form,
prepared by said Commission and sworn to by the claimant, and/or
vendor's invoices as authorized under Section 86.1, Title 74 of the
Oklahoma Statutes. All such claims when duly signed and sworn to
shall be audited by the Commission and/or designated employees and,
upon final approval, vouchers which are payable from said fund shall
be forwarded to the Director Chief Operating Officer of the Office
of Management and Enterprise Services. Upon approval thereof,
warrants shall issue according to law, and said warrants shall be
paid by the State Treasurer from said fund. A reserve fund of not
less than One Hundred Thousand Dollars ($100,000.00) shall be
maintained to be used in emergencies only, by and with the consent
of the Governor, and an additional reserve fund of not less than Two
Hundred Thousand Dollars ($200,000.00) shall be maintained for the
liquidation of unissued licenses purchased by authorized agents for
sale which have remained unsold when such unissued licenses are
returned for refunds as provided for by law.
C. All fees, monies or funds arising from the operation and
transactions of the Commission and from the application and
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administration of the laws and regulations pertaining to the
wildlife resources of the state and from the sale of property used
for said purposes shall be expended and used by said Commission for
the control, management, restoration, conservation and regulation of
the wildlife resources of the state, including the purchase or other
acquisition of property for said purposes, and for the
administration of the laws pertaining thereto and for no other
purposes.
SECTION 174. AMENDATORY 29 O.S. 2021, Section 3-310, is
amended to read as follows:
Section 3-310. A. The Oklahoma Tax Commission shall include on
each state individual income tax return form for tax years beginning
after December 31, 2001, and each state corporate tax return form
for tax years beginning after December 31, 2001, an opportunity for
the taxpayer to donate from a tax refund for the benefit of the
Oklahoma Wildlife Diversity Program.
B. For purposes of this section, "nongame wildlife" means any
species of wildlife not legally classified as a game species or
furbearer by statute or by rule adopted pursuant to statute.
C. Except as otherwise provided for in this section, all monies
generated pursuant to subsection A of this section shall be paid to
the State Treasurer and placed to the credit of the Wildlife
Diversity Fund.
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D. There is hereby created in the State Treasury a revolving
fund for the Oklahoma Wildlife Conservation Commission to be
designated the "Wildlife Diversity Fund". The fund shall be a
continuing fund, not subject to fiscal year limitations, and shall
consist of all monies received under the provisions of subsection C
of this section by the Oklahoma Wildlife Conservation Commission.
The Oklahoma Wildlife Conservation Commission is hereby authorized
to invest all or part of the monies of said fund in any investment
permitted by a written investment policy adopted by the Wildlife
Conservation Commission; provided, all investments shall be made in
accordance with the Oklahoma Uniform Prudent Investor Act. Any
interest or dividends accruing from such investments shall be
deposited in the Wildlife Diversity Fund. All monies accruing to
the credit of said fund are hereby appropriated and may be budgeted
and expended by the Oklahoma Wildlife Conservation Commission for
the purpose of preserving, protecting, perpetuating and enhancing
nongame wildlife in this state. Any monies withdrawn from said fund
by the Oklahoma Wildlife Conservation Commission for investment
pursuant to this section shall be deemed to be for the purpose of
preserving, protecting, perpetuating and enhancing nongame wildlife
in this state. Expenditures from said fund shall be made upon
warrants issued by the State Treasurer against claims filed as
prescribed by law with the Director Chief Operating Officer of the
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Office of Management and Enterprise Services for approval and
payment.
E. If a taxpayer makes a donation pursuant to subsection A of
this section in error, such taxpayer may file a claim for refund at
any time within three (3) years from the due date of the tax return.
Such claims shall be filed pursuant to the provisions of Section
2373 of Title 68 of the Oklahoma Statutes and, if allowed, shall be
paid pursuant to the provisions of said section. Prior to the
apportionment set forth in subsection C of this section, an amount
equal to the total amount of refunds made pursuant to this
subsection during any one (1) year shall be deducted from the total
donations received pursuant to this section during the following
year and such amount deducted shall be paid to the State Treasurer
and placed to the credit of the Income Tax Withholding Refund
Account.
F. Pursuant to Section 2368.18 of Title 68 of the Oklahoma
Statutes, the income tax checkoff contained in this section is
hereby reauthorized effective January 1, 2022.
SECTION 175. AMENDATORY 29 O.S. 2021, Section 3-313, is
amended to read as follows:
Section 3-313. There is hereby created within the Wildlife
Conservation Fund an account designated as the "Law Enforcement
Officer Training Account". The account shall consist of monies
designated for deposit to the account by law. All monies accruing
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to the credit of said account shall be budgeted and expended by the
Department of Wildlife Conservation for the training of law
enforcement officers employed by the Department. Expenditures from
the account shall be made upon warrants issued by the State
Treasurer against claims filed as prescribed by law with the
Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment.
SECTION 176. AMENDATORY 29 O.S. 2021, Section 4-132, is
amended to read as follows:
Section 4-132. A. The Department of Wildlife Conservation is
hereby authorized to issue an Oklahoma Wildlife Habitat Stamp to any
person upon the voluntary payment of a fee of Ten Dollars ($10.00).
Said fee shall be deposited in the Wildlife Land Acquisition Fund
created in subsection C of this section.
B. The Oklahoma Wildlife Conservation Commission shall
promulgate rules specifying the form, design, and manner of issuance
of said wildlife habitat stamp.
C. There is hereby created in the State Treasury a revolving
fund for the Oklahoma Wildlife Conservation Commission to be
designated the "Wildlife Land Acquisition Fund". The fund shall be
a continuing fund, not subject to fiscal year limitations, and shall
consist of all monies received pursuant to the provisions of this
section by the Oklahoma Wildlife Conservation Commission. The
Oklahoma Wildlife Conservation Commission is hereby authorized to
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invest all or part of the monies of said fund in any investment
permitted by a written investment policy adopted by the Wildlife
Conservation Commission; provided, all investments shall be made in
accordance with the Oklahoma Uniform Prudent Investor Act. Any
interest or dividends accruing from such investments shall be
deposited in the Wildlife Land Acquisition Fund. All monies
accruing to the credit of said fund are hereby appropriated and may
be budgeted and expended by the Oklahoma Wildlife Conservation
Commission for the purposes specified in subsection D of this
section. Any monies withdrawn from said fund by the Oklahoma
Wildlife Conservation Commission for investment pursuant to this
subsection shall be deemed to be for the purposes specified in
subsection D of this section. Expenditures from said fund shall be
made upon warrants issued by the State Treasurer against claims
filed as prescribed by law with the Director Chief Operating Officer
of the Office of Management and Enterprise Services for approval and
payment.
D. The Wildlife Land Acquisition Fund shall be used by the
Oklahoma Wildlife Conservation Commission for the acquisition on a
willing-seller willing-buyer basis only, leasing, taking of
easements, development, management, and enhancement of lands
acquired pursuant to this section for the following purposes:
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1. Management of game animals, protected animals and birds,
furbearing animals, game birds, fish, and their restoration,
propagation, and protection; and
2. Creation and management of public hunting, fishing, and
trapping areas as places where the public may hunt, fish, or trap as
authorized by law.
E. The Oklahoma Wildlife Conservation Commission may accept
private contributions, grants, and donations made for the purposes
of this section. Any monies received pursuant to this subsection
shall be deposited in the Wildlife Land Acquisition Fund created in
subsection C of this section. Any property received pursuant to
this subsection which is not suitable for the purposes of this
section may be sold by the Oklahoma Wildlife Conservation Commission
and the proceeds from such sales shall be deposited in the Wildlife
Land Acquisition Fund created in subsection C of this section.
F. Whenever the Oklahoma Wildlife Conservation Commission
acquires title to land pursuant to this section, the Commission
shall annually make in lieu of tax payments equal to the average ad
valorem tax per acre paid on similar land in that county. Said
payments shall be made to the county treasurer of the county in
which the land is located.
SECTION 177. AMENDATORY 29 O.S. 2021, Section 4-134, is
amended to read as follows:
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Section 4-134. A. There is hereby created in the State
Treasury a revolving fund for the Oklahoma Wildlife Conservation
Commission to be designated the "Wildlife Heritage Fund". The fund
shall be a continuing fund, not subject to fiscal year limitations,
and shall consist of all monies received from senior citizen
lifetime licenses issued pursuant to the provisions of paragraphs 4
through 6 of subsection B of Section 4-114 of this title by the
Oklahoma Wildlife Conservation Commission. The Oklahoma Wildlife
Conservation Commission is hereby authorized to invest all or part
of the monies of said fund in any investment permitted by a written
investment policy adopted by the Wildlife Conservation Commission;
provided, all investments shall be made in accordance with the
Oklahoma Uniform Prudent Investor Act. Any interest or dividends
accruing from such investments shall be deposited in the Wildlife
Heritage Fund. Only interest and dividends derived from the
principle can be expended and are hereby appropriated and may be
budgeted and expended by the Oklahoma Wildlife Conservation
Commission for the purposes specified in subsection B of this
section. Any monies withdrawn from said fund by the Oklahoma
Wildlife Conservation Commission for investment pursuant to this
subsection shall be deemed to be for the purposes specified in
subsection B of this section. Expenditures from said fund shall be
made upon warrants issued by the State Treasurer against claims
filed as prescribed by law with the Director Chief Operating Officer
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of the Office of Management and Enterprise Services for approval and
payment.
B. The Wildlife Heritage Fund shall be used by the Oklahoma
Wildlife Conservation Commission for the acquisition of land on a
willing-seller willing-buyer basis only, leasing of land, and the
taking of easements, and for the development, management, and
enhancement of such lands acquired pursuant to this section for the
following purposes:
1. Management of game animals, protected animals and birds,
furbearing animals, game birds, fish, and their restoration,
propagation, and protection; and
2. Creation and management of public hunting, fishing, and
trapping areas as places where the public may hunt, fish, or trap as
authorized by law.
C. The Oklahoma Wildlife Conservation Commission may accept
private contributions, grants, and donations made for the purposes
of this section. Any monies received pursuant to this subsection
shall be deposited in the Wildlife Heritage Fund created in
subsection A of this section. Any property received pursuant to
this subsection which is not suitable for the purposes of this
section may be sold by the Oklahoma Wildlife Conservation Commission
and the proceeds from such sales shall be deposited in the Wildlife
Heritage Fund created in subsection A of this section.
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D. Whenever the Oklahoma Wildlife Conservation Commission
acquires title to land pursuant to this section, the Commission
shall annually make in lieu of tax payments equal to the average ad
valorem tax per acre paid on similar land in that county. Said
payments shall be made to the county treasurer of the county in
which the land is located to be distributed by said county treasurer
in the manner provided for by law for ad valorem tax payments.
SECTION 178. AMENDATORY 36 O.S. 2021, Section 307.3, is
amended to read as follows:
Section 307.3. A. Effective July 1, 2009, there is hereby
created in the State Treasury a revolving fund for the Insurance
Commissioner called the State Insurance Commissioner Revolving Fund.
The revolving fund shall be used to fund the operations of the
Office of the Insurance Commissioner.
1. Notwithstanding any other law to the contrary, the revolving
fund shall consist of and consolidate all funds that are or have
been paid or collected by the Insurance Commissioner pursuant to the
laws of this state and the rules of the Insurance Department except
that the revolving fund shall not include:
a. premium taxes,
b. monies transferred to the Attorney General's Insurance
Fraud Unit Revolving Fund pursuant to Section 362 of
this title,
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c. funds paid to and collected pursuant to the Oklahoma
Certified Real Estate Appraisers Act, Sections 858-700
through 858-732 of Title 59 of the Oklahoma Statutes,
d. health carrier access payments paid to and collected
by the Insurance Commissioner and deposited into the
Health Carrier Access Payment Revolving Fund,
e. recoveries obtained as a result of insurance-related
crimes, and other fines, late fees, and penalties
assessed and collected, and
f. monies collected for or received from the Workers'
Compensation Commission.
2. The revolving fund shall be a continuing fund, not subject
to fiscal year limitations. Expenditures from the revolving fund
shall be made pursuant to the laws of this state and the statutes
relating to the Insurance Department. Warrants for expenditures
from the revolving fund shall be drawn by the State Treasurer, based
on claims signed by an authorized employee or employees of the
Insurance Department and filed with the Director Chief Operating
Officer of the Office of Management and Enterprise Services.
B. All funds collected by the Insurance Commissioner shall be
paid into the State Treasury weekly.
C. After the effective date of this act, the State Treasury is
authorized and directed to deduct from the funds paid or collected
by the Insurance Commissioner a sum equal to seventy-six and one-
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half percent (76.5%) of the payment and place the same to the credit
of the General Revenue Fund of the state. The State Treasurer shall
place to the credit of the State Insurance Commissioner Revolving
Fund the remainder of the funds so paid and collected by the
Insurance Commissioner.
SECTION 179. AMENDATORY 36 O.S. 2021, Section 307.5, is
amended to read as follows:
Section 307.5. A. There is hereby created in the State
Treasury a revolving fund for the Oklahoma Insurance Department, to
be designated the "Insurance Department Anti-Fraud Revolving Fund".
The fund shall be a continuing fund, not subject to fiscal year
limitation, and shall consist of any monies designated to the fund
as provided in subsections B and C of this section. Warrants for
expenditures from the revolving fund shall be drawn by the State
Treasurer, based on claims signed by an authorized employee or
employees of the Insurance Department and filed with the Director
Chief Operating Officer of the Office of Management and Enterprise
Services. The fund shall be used for the purpose of administering
investigations of abuse, negligence or criminal conduct regarding
insurance laws or regulations.
B. The Department shall deposit all of the monies obtained as a
result of insurance-related crimes, and other fines, late fees, and
penalties assessed and collected into the Insurance Department Anti-
Fraud Revolving Fund.
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C. Each year, the Department shall transfer to the General
Revenue Fund the first Four Hundred Eighty-two Thousand Five Hundred
Dollars ($482,500.00) collected by the Department and deposited in
the Insurance Department Anti-Fraud Revolving Fund. The next Five
Hundred Thousand Dollars ($500,000.00) collected by the Department
each year shall be divided evenly between the Department and the
Oklahoma Attorney General. All collections to be submitted to the
Attorney General shall be deposited in the Attorney General's
Insurance Fraud Unit Revolving Fund. Any collections above Nine
Hundred Eighty-two Thousand Five Hundred Dollars ($982,500.00) shall
be deposited each year into the Insurance Department Anti-Fraud
Revolving Fund and shall be retained for use by the Department for
the purposes of administering investigations of abuse, negligence or
criminal conduct regarding insurance laws or regulations.
SECTION 180. AMENDATORY Section 1, Chapter 6, O.S.L.
2022, as amended by Section 1, Chapter 67, O.S.L. 2022 (36 O.S.
Supp. 2025, Section 307.6), is amended to read as follows:
Section 307.6. A. There is hereby created in the State
Treasury a revolving fund for the Insurance Department, to be
designated the "Insurance Department Pharmacy Benefits Manager
Revolving Fund". The fund shall be a continuing fund, not subject
to fiscal year limitation, and shall consist of any monies deposited
to the fund as provided in subsection B of this section. All monies
accruing to the credit of the fund are hereby appropriated and may
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be budgeted and expended by the Department for the purpose of
licensing, regulating and investigating abuse, negligence, criminal
conduct, or other violations of insurance laws and regulations, and
ensuring compliance with the same. Warrants for expenditures from
the revolving fund shall be drawn by the State Treasurer, based on
claims signed by an authorized employee or employees of the
Insurance Department, and filed with the Director Chief Operating
Officer of the Office of Management and Enterprise Services.
B. The Department shall deposit all the monies obtained from
the licensure and regulation of pharmacy benefits managers
including, but not limited to, any fees, fines, settlement or
consent order proceeds, or other penalties assessed and collected
into the Insurance Department Pharmacy Benefits Manager Revolving
Fund created in subsection A of this act.
SECTION 181. AMENDATORY Section 6, Chapter 293, O.S.L.
2024 (36 O.S. Supp. 2025, Section 976), is amended to read as
follows:
Section 976. A. There is hereby created in the State Treasury
a revolving fund for the Insurance Department, to be designated the
"Strengthen Oklahoma Homes Revolving Fund". The fund shall be a
continuing fund, not subject to fiscal year limitations, and shall
consist of any monies deposited to the fund from the receipt of
federal grants or funds or from other sources of grants or funds.
All monies accruing to the credit of the fund are hereby
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appropriated and may be budgeted and expended by the Department for
the purpose of assisting the Strengthen Oklahoma Homes (SOH) Program
in performing all acts that relate to the function and purpose of
the SOH Program. Warrants for expenditures from the revolving fund
shall be drawn by the State Treasurer, based on claims signed by an
authorized employee or employees of the Insurance Department, and
filed with the Director Chief Operating Officer of the Office of
Management and Enterprise Services.
B. Monies collected pursuant to this act shall be deposited in
the Strengthen Oklahoma Homes Revolving Fund. Monies shall not
lapse, unless otherwise specified under federal funding or federal
grant, or a grant or funds from another source, or be transferred to
the State Insurance Commissioner Revolving Fund or other state funds
and shall not be redistributed.
C. Notwithstanding any other provision of law, the Insurance
Commissioner may transfer from the State Insurance Commissioner
Revolving Fund to the Strengthen Oklahoma Homes Revolving Fund up to
fifty percent (50%), but in an amount not to exceed Ten Million
Dollars ($10,000,000.00), of the balance remaining in the State
Insurance Commissioner Revolving Fund at the end of each fiscal year
beginning with the fiscal year ending on June 30, 2024.
SECTION 182. AMENDATORY Section 2, Chapter 219, O.S.L.
2025 (36 O.S. Supp. 2025, Section 4606.1), is amended to read as
follows:
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Section 4606.1. A. There is hereby created in the State
Treasury a revolving fund for the Insurance Department, to be
designated the "State-based Exchange Revolving Fund". The fund
shall be a continuing fund, not subject to fiscal year limitations,
and shall consist of any monies deposited to the fund for the
creation, implementation, administration, and operation of the
State-based Exchange as authorized in subsection A of Section 1 of
this act. All monies accruing to the credit of the fund are hereby
appropriated and may be budgeted and expended by the Department for
the creation, implementation, administration, and operation of the
State-based Exchange. Warrants for expenditures from the revolving
fund shall be drawn by the State Treasurer, based on claims signed
by an authorized employee or employees of the Insurance Department,
and filed with the Director Chief Operating Officer of the Office of
Management and Enterprise Services.
B. Notwithstanding any law to the contrary, all monies,
including but not limited to user fees, paid to or collected by the
Insurance Commissioner in relation to the State-based Exchange shall
be deposited in the State-based Exchange Revolving Fund. Monies
shall not lapse, unless otherwise specified under federal funding or
federal grant, or a grant or funds from another source, or be
transferred to the State Insurance Commissioner Revolving Fund or
other state funds and shall not be redistributed.
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SECTION 183. AMENDATORY Section 5, Chapter 306, O.S.L.
2024 (36 O.S. Supp. 2025, Section 6966.2), is amended to read as
follows:
Section 6966.2. There is hereby created in the State Treasury a
revolving fund for the Office of the Attorney General, to be
designated the “Attorney General’s Pharmacy Benefits Manager
Enforcement Revolving Fund”. The fund shall be a continuing fund,
not subject to fiscal year limitations, and shall consist of any
monies collected by the Attorney General and designated to the fund
by law, including those levied for activities related to enforcement
of the Patient’s Right to Pharmacy Choice Act, the Pharmacy Audit
Integrity Act, and the provisions of Sections 357 through 360 of
Title 59 of the Oklahoma Statutes. All monies accruing to the
credit of the fund are hereby appropriated and may be budgeted and
expended by the Attorney General for the purposes provided in this
section. Expenditures from the fund shall be made upon warrants
issued by the State Treasurer against claims filed as prescribed by
law with the Director Chief Operating Officer of the Office of
Management and Enterprise Services for approval and payment.
SECTION 184. AMENDATORY 36 O.S. 2021, Section 7202, is
amended to read as follows:
Section 7202. A. There is hereby created a mechanism of
funding through health carrier access payments, as defined in
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Section 7201 of this title, in order to stabilize the state's
Medicaid program.
B. There is hereby created in the State Treasury a revolving
fund for the Oklahoma Health Care Authority to be designated the
"Health Carrier Access Payment Revolving Fund". The revolving fund
shall be used to fund the state's Medicaid program and make full use
of any federal matching funds available to the state.
1. The revolving fund shall consist of all monies collected and
received by the Insurance Commissioner pursuant to Sections 7203 and
7204 of this title, which shall be deposited by the Insurance
Commissioner into the revolving fund, as well as interest
attributable to investment of money in the fund.
2. The revolving fund shall be a continuing fund, not subject
to fiscal year limitations. All monies accruing to the credit of
said fund are hereby appropriated and may be budgeted and expended
by the Oklahoma Health Care Authority. Expenditures from the
revolving fund shall be made pursuant to the laws of this state and
the statutes relating to the state's Medicaid program. Expenditures
from the revolving fund shall be made upon warrants issued by the
State Treasurer, based on claims filed as prescribed by law with the
Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment.
C. All monies collected under Sections 7203 and 7204 of this
title shall be used and expended by the Oklahoma Health Care
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Authority for the support of the state's Medicaid program and make
full use of any federal matching funds available to the state.
D. The Oklahoma Health Care Authority is hereby authorized to
transfer funds from the Health Carrier Access Payment Revolving Fund
to the 340 CMIA Programs Disbursing Fund administered by the
Oklahoma Health Care Authority for the purpose of carrying out the
provisions of this act.
E. No monies collected from health carriers as access payments
shall be expended for any wage or salary of any employee of any
state agency and shall not provide any general or administrative
funding for the state or any of its agencies, except for reasonable
expenses incurred by the Insurance Commissioner for the express
purpose of collecting the funds and by the Oklahoma Health Care
Authority for the express purposes and administration of the fund.
SECTION 185. AMENDATORY 37A O.S. 2021, Section 5-128, is
amended to read as follows:
Section 5-128. A. There is hereby created in the State
Treasury a fund to be known as the "Alcoholic Beverage Control Fund"
which shall consist of revenues collected by the state from license
and registration fees, with any interest, fines or penalties levied
and collected by the ABLE Commission pursuant to the provisions of
the Oklahoma Alcoholic Beverage Control Act; provided, the first
Three Hundred Thousand Dollars ($300,000.00) of such revenues
collected each fiscal year shall be deposited to the Community-Based
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Substance Abuse Revolving Fund and the next Twenty Thousand Dollars
($20,000.00) of such revenues collected each fiscal year shall be
deposited in the Prevention of Youth Access to Alcohol Revolving
Fund. Any unappropriated balance in the Oklahoma Alcoholic Beverage
Control Fund at the close of each fiscal year shall revert to the
General Revenue Fund of the State of Oklahoma, except for the amount
necessary to satisfy any appropriations made or to be made from the
fund by the Oklahoma State Legislature for the ensuing fiscal year.
All such monies collected by the ABLE Commission pursuant to the
provisions of the Oklahoma Alcoholic Beverage Control Act shall be
deposited in the State Treasury for credit to the General Revenue
Fund of the state, except as provided in subsection B of this
section.
B. There is hereby created in the State Treasury a revolving
fund for the ABLE Commission to be designated the "Alcoholic
Beverage Governance Revolving Fund". The fund shall be a continuing
fund, not subject to fiscal year limitations, and shall consist of
any monies received from the surcharge collected by the Tax
Commission pursuant to subsection F of Section 13 of this act and
any other sources of funds provided by law. All monies accruing to
the credit of the fund shall be budgeted and expended by the ABLE
Commission for general operations. Expenditures from the fund shall
be made upon warrants issued by the State Treasurer against claims
filed as prescribed by law with the Director Chief Operating Officer
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of the Office of Management and Enterprise Services for approval and
payment.
SECTION 186. AMENDATORY 37A O.S. 2021, Section 5-129, is
amended to read as follows:
Section 5-129. A. There is hereby created in the State
Treasury a revolving fund for the Oklahoma Department of
Agriculture, Food, and Forestry to be designated the "Oklahoma
Viticulture and Enology Center Development Revolving Fund".
B. The fund shall be a continuing fund, not subject to fiscal
year limitations, and shall consist of all monies distributed to the
fund:
1. From the apportionment provided in paragraph 1 of Section
107 of this act; and
2. From any other source in accordance with state and federal
law.
C. All monies accruing to the credit of the fund are hereby
appropriated and may be budgeted and expended by the Department for
the purpose of:
1. Establishing a Viticulture and Enology Center on the campus
of Redlands Community College;
2. Developing viticulture-related and enology-related education
programs;
3. Developing technologies, strategies or practices that aid in
the production of grapes and wine in Oklahoma; and
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4. Increasing the positive economic impact of the Oklahoma wine
industry on this state.
D. Expenditures from the fund shall be made upon warrants
issued by the State Treasurer against claims filed as prescribed by
law with the Director Chief Operating Officer of the Office of
Management and Enterprise Services for approval and payment.
SECTION 187. AMENDATORY 40 O.S. 2021, Section 4-901, is
amended to read as follows:
Section 4-901. Oklahoma Employment Security Commission
Revolving Fund.
There is hereby created in the State Treasury a revolving fund
for the Oklahoma Employment Security Commission, to be designated
the "Oklahoma Employment Security Commission Revolving Fund". The
revolving fund shall consist of all penalties and interest received
by the Oklahoma Employment Security Commission. Said revolving fund
shall be a continuing fund, not subject to fiscal year limitations
and shall not be subject to legislative appropriation. Expenditures
from said revolving fund shall be made pursuant to the laws of this
state and the statutes relating to the Oklahoma Employment Security
Commission and shall be for administration expenses of the Oklahoma
Employment Security Commission and for any other purpose which the
Legislature directs. Warrants for expenditures from said fund shall
be drawn by the State Treasurer, based on claims signed by an
authorized employee or employees of the Oklahoma Employment Security
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Commission and approved for payment by the Director Chief Operating
Officer of the Office of Management and Enterprise Services.
SECTION 188. AMENDATORY 40 O.S. 2021, Section 6-101, is
amended to read as follows:
Section 6-101. OESC COMPUTER FUND.
A. There is hereby created in the State Treasury a revolving
fund for the Oklahoma Employment Security Commission to be
designated the "OESC Computer Fund". The OESC Computer Fund shall
be separate and distinct from the Unemployment Compensation Fund and
shall consist of:
1. All monies received from employers and paid pursuant to
Section 6-104 of this title;
2. All other sums, from whatever source, received by the
Commission and paid into the OESC Computer Fund; and
3. Property and securities acquired by and through the use of
monies in the OESC Computer Fund.
B. The OESC Computer Fund shall be a continuing fund, not
subject to fiscal year limitations. All monies accruing to the
credit of the OESC Computer Fund are hereby appropriated and may be
budgeted and expended for the purposes set forth in Section 6-102 of
this title. Expenditures from the OESC Computer Fund shall be made
upon warrants issued by the State Treasurer against claims filed, as
prescribed by law, with the Director Chief Operating Officer of the
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Office of Management and Enterprise Services for approval and
payment.
SECTION 189. AMENDATORY 40 O.S. 2021, Section 6-201, is
amended to read as follows:
Section 6-201. OESC TECHNOLOGY FUND.
A. There is hereby created in the State Treasury a revolving
fund for the Oklahoma Employment Security Commission to be
designated the "OESC Technology Fund". The OESC Technology Fund
shall be separate and distinct from the Unemployment Compensation
Fund and shall consist of:
1. All monies received from employers and paid pursuant to
Section 6-204 of this title; and
2. Financial instruments, certificates of deposit, bonds and
securities acquired by and through the use of monies in the OESC
Technology Fund.
B. The OESC Technology Fund shall be a continuing fund, not
subject to fiscal year limitations. All monies accruing to the
credit of the OESC Technology Fund are hereby appropriated and shall
be budgeted and expended solely for the purposes of modernizing the
business processes and technology of the Oklahoma Employment
Security Commission as set forth in Section 6-202 of this title.
Expenditures from the OESC Technology Fund shall be made upon
warrants issued by the State Treasurer against claims filed, as
prescribed by law, with the Director Chief Operating Officer of the
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Office of Management and Enterprise Services for approval and
payment.
SECTION 190. AMENDATORY 40 O.S. 2021, Section 6-204, as
amended by Section 6, Chapter 346, O.S.L. 2023 (40 O.S. Supp. 2025,
Section 6-204), is amended to read as follows:
Section 6-204. TECHNOLOGY REINVESTMENT APPORTIONMENT.
A. 1. For the period beginning January 1, 2023, and ending
December 31, 2027, each employer subject to the provisions of
Sections 3-109, 3-110.1 and 3-113 of this title shall be required to
pay an OESC Technology Reinvestment Apportionment equal to five
percent (5%) of the unemployment taxes that would be owed to the
Oklahoma Employment Security Commission before any rate reduction is
made pursuant to Section 3-109.3 of this title. This apportionment
shall be in addition to any contribution which that employer is
required to make pursuant to the provisions of the Employment
Security Act of 1980.
2. The apportionment provided for in this section shall not be
considered part of any unemployment taxes required of an individual
employer pursuant to the Employment Security Act of 1980, nor shall
it be considered for purposes of determining the individual
employer's tax rate.
B. Employers assigned a tax rate pursuant to Section 3-110.1 of
this title shall pay an OESC Technology Reinvestment Apportionment
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equal to the rate reduction granted them pursuant to Section 3-109.3
of this title.
C. Employers making payments in lieu of contributions pursuant
to Sections 3-702, 3-705 and 3-806 of this title shall be exempt
from the provisions of this section.
D. The apportionment shall be made and collected by the
Oklahoma Employment Security Commission for deposit, on a monthly
basis, to the credit of the OESC Technology Fund. Provided, all
monies received by the Oklahoma Employment Security Commission for
the account of the OESC Technology Fund, upon receipt, shall be
deposited in a clearance account.
E. The Oklahoma Employment Security Commission shall promulgate
such rules as may be necessary to implement the provisions of
Sections 3-109.3 and 6-201 through 6-205 of this title.
F. The Oklahoma Employment Security Commission shall create an
annual report detailing the collection of the apportionment funds
and the expenditures from the OESC Technology Fund. The report
shall be filed on or before March 31 of each year following the
effective date of this act. The report shall be filed with the
Governor, the President Pro Tempore of the Senate, the Speaker of
the House of Representatives, the State Treasurer, the State Auditor
and Inspector, and the Director Chief Operating Officer of the
Office of Management and Enterprise Services.
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SECTION 191. AMENDATORY 40 O.S. 2021, Section 141.19, is
amended to read as follows:
Section 141.19. There is hereby created in the State Treasury a
revolving fund for the Department of Labor to be designated the
"Department of Labor Revolving Fund". The fund shall be a
continuing fund, not subject to fiscal year limitations, and shall
consist of all monies designated for deposit in such fund. All
monies accruing to the credit of the fund are hereby appropriated
and may be budgeted and expended by the Department of Labor for
operations and expenses relating to its statutory duties and
responsibilities. Expenditures from the fund shall be made upon
warrants issued by the State Treasurer against claims filed as
prescribed by law with the Director Chief Operating Officer of the
Office of Management and Enterprise Services for approval and
payment.
SECTION 192. AMENDATORY 40 O.S. 2021, Section 141.20, is
amended to read as follows:
Section 141.20. A. The Director Chief Operating Officer of the
Office of Management and Enterprise Services is hereby authorized,
upon request by the Commissioner of Labor, to establish a petty cash
fund for the Department of Labor in an amount not to exceed Four
Hundred Dollars ($400.00), to be used for the purpose of making
change for persons obtaining licenses and transacting other business
with the Department.
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B. The fund shall be established and replenished from any
monies available to the Department for operating expenses.
C. The Director Chief Operating Officer of the Office of
Management and Enterprise Services shall prescribe all forms,
systems, and procedures for administering the fund.
SECTION 193. AMENDATORY 40 O.S. 2021, Section 142.1, is
amended to read as follows:
Section 142.1. A. On the effective date of this act, all
powers, duties, responsibilities, records and equipment of the
Corporation Commission relating exclusively to the regulation of
compressed natural gas fueling stations are hereby transferred and
shall be placed under the authority of the Department of Labor.
B. On the effective date of this act, all powers, duties,
responsibilities, records and equipment of the Office of Management
and Enterprise Services relating exclusively to the implementation
and enforcement of the Alternative Fuels Technician Certification
Act are hereby transferred and shall be placed under the authority
of the Department of Labor. To the extent practicable, the transfer
shall include all computer hardware and software used in regulating
the functions listed in this subsection.
C. The Corporation Commission, the Commissioner of Labor and
the Director Chief Operating Officer of the Office of Management and
Enterprise Services may contract for additional legal and
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administrative services as necessary to effectuate the transfers as
provided for in this section.
D. 1. All unexpended funds, property, furnishings, equipment,
supplies, records, and outstanding financial obligations and
encumbrances of the Corporation Commission relating to the
regulation of natural gas fueling stations and of the Office of
Management and Enterprise Services relating to the implementation
and enforcement of the Alternative Fuels Technician Certification
Act shall be transferred to the Department of Labor for the
continuing performance of duties relating to the regulation of
natural gas fueling stations and implementation and enforcement of
the Alternative Fuels Technician Certification Act. No funds,
property, furnishings, equipment, supplies or records may be
expended or used for any purpose other than the performance of
duties and responsibilities as directed and required in this act.
2. Any funds, properties, furnishings, equipment, supplies, or
records related in any manner to the regulation of natural gas
fueling stations and implementation and enforcement of the
Alternative Fuels Technician Certification Act which may not be in
the current possession of the Corporation Commission or the Office
of Management and Enterprise Services on the effective date of this
act, but which come into the possession of the Corporation
Commission or the Office of Management and Enterprise Services after
the transfer of authority to the Department of Labor as provided in
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this act, shall immediately be transferred to the Department of
Labor. Items subject to the immediate transfer shall include, but
are not limited to, any misdirected licensing fees or payments of
outstanding administrative fines.
E. The Corporation Commission and the Director Chief Operating
Officer of the Office of Management and Enterprise Services shall
not enter into any contract or agreement relating to the regulation
of natural gas fueling stations or implementation and enforcement of
the Alternative Fuels Technician Certification Act extending beyond
the effective date of the transfer without approval by the
Commissioner of Labor.
F. All licenses, registrations, certifications and
accreditations issued by the Office of Management and Enterprise
Services pursuant to the Alternative Fuels Technician Certification
Act that are in effect on the effective date of this act shall
remain in full force and effect and shall be enforceable by the
Department of Labor.
G. The Director Chief Operating Officer of the Office of
Management and Enterprise Services shall coordinate the transfer of
funds, allotments, purchase orders and outstanding financial
obligations and encumbrances relating to the regulation of natural
gas fueling stations and the implementation and enforcement of the
Alternative Fuels Technician Certification Act as transferred
pursuant to the provisions of this act.
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H. Upon the effective date of this act, all administrative
rules promulgated by the Office of Management and Enterprise
Services relating to the implementation and enforcement of the
Alternative Fuels Technician Certification Act shall be enforceable
by the Commissioner of Labor. The rules shall continue in force and
effect after the effective date of this act, and the Commissioner of
Labor shall have authority to amend, repeal, recodify or make
additions to the rules pursuant to the Administrative Procedures
Act.
SECTION 194. AMENDATORY 40 O.S. 2021, Section 142.14, is
amended to read as follows:
Section 142.14. A. All monies received by the Department of
Labor under the Alternative Fuels Technician Certification Act and
derived from Alternative Fuels Technician certification fees and
related enforcement actions and fines shall be deposited with the
State Treasurer and credited to the "Alternative Fuels Technician
Certification Revolving Fund". The revolving fund shall be a
continuing fund not subject to fiscal year limitations and shall be
under the control and management of the Department of Labor.
Expenditures from this fund shall be made pursuant to the purposes
of the Alternative Fuels Technician Certification Act and shall
include, but not be limited to, payment of operating costs, costs of
programs designed to promote public awareness of the alternative
fuels industry, expenditures for the preparation and printing of
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regulations, bulletins or other documents and the furnishing of
copies of the documents to those persons engaged in the alternative
fuels industry or the public, and expenses the Department of Labor
incurs to support program operations. Warrants for expenditures
shall be drawn by the State Treasurer based on claims signed and
approved for payment by the Director Chief Operating Officer of the
Office of Management and Enterprise Services.
B. All monies received by the Department of Labor under the
Alternative Fuels Technician Certification Act and derived from the
inspection of alternative fuel fill stations and related enforcement
actions shall be deposited with the State Treasurer and credited to
the "Alternative Fuels Inspection Fees and Fines Revolving Fund".
The revolving fund shall be a continuing fund not subject to fiscal
year limitations and shall be under the control and management of
the Department of Labor. Expenditures from the fund shall be made
pursuant to the purposes of the Alternative Fuel Fill Station
Inspection and Licensing Program under the Alternative Fuels
Technician Certification Act and shall include, but not be limited
to, payment of administrative costs and other operational costs
supporting the program, payment of costs designed to promote public
awareness of the alternative fuels industry, expenditures for the
preparation and printing of regulations, bulletins or other
documents and the furnishing of copies of the documents to those
persons engaged in the alternative fuels industry or the public.
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Warrants for expenditures shall be drawn by the State Treasurer
based on claims signed and approved for payment by the Director
Chief Operating Officer of the Office of Management and Enterprise
Services.
SECTION 195. AMENDATORY Section 3, Chapter 408, O.S.L.
2025 (40 O.S. Supp. 2025, Section 906), is amended to read as
follows:
Section 906. There is hereby created in the State Treasury a
revolving fund for the Oklahoma Workforce Commission to be
designated the "Oklahoma Workforce Commission Revolving Fund". The
fund shall be a continuing fund, not subject to fiscal year
limitations, and shall consist of all monies received by the
Commission from appropriations, donations, grants, and other sources
of funding. All monies accruing to the credit of said fund are
hereby appropriated and may be budgeted and expended by the
Commission for the purpose of duties imposed upon the Commission by
law. Expenditures from said fund shall be made upon warrants issued
by the State Treasurer against claims filed as prescribed by law
with the Director Chief Operating Officer of the Office of
Management and Enterprise Services for approval and payment.
SECTION 196. AMENDATORY Section 1, Chapter 28, 1st
Extraordinary Session, O.S.L. 2023 (43A O.S. Supp. 2025, Section 1-
110.1), is amended to read as follows:
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Section 1-110.1. There is hereby created in the State Treasury
a revolving fund for the Department of Mental Health and Substance
Abuse Services to be designated the “Mental Health Transport
Revolving Fund”. The fund shall be a continuing fund, not subject
to fiscal year limitations, and shall consist of all monies received
by the Department from appropriations or other monies directed to
the fund. All monies accruing to the credit of the fund are hereby
appropriated and may be budgeted and expended by the Department to
carry out the provisions of Section 1-110 of Title 43A of the
Oklahoma Statutes. Expenditures from the fund shall be made upon
warrants issued by the State Treasurer against claims filed as
prescribed by law with the Director Chief Operating Officer of the
Office of Management and Enterprise Services for approval and
payment.
SECTION 197. AMENDATORY 43A O.S. 2021, Section 2-107, is
amended to read as follows:
Section 2-107. A. 1. There is hereby created in the State
Treasury a revolving fund for the Department of Mental Health and
Substance Abuse Services to be designated the "Capital Outlay Fund".
The fund shall be a continuing fund, not subject to fiscal year
limitations, and shall consist of income as provided in this section
and any monies transferred by the Department into the fund.
2. All monies accruing to the credit of the fund are hereby
appropriated and may be budgeted and expended by the Department for
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the purposes described in this section and for improvements to real
property owned by the Department or held in the Department's trust
as authorized by Section 2-111 of this title. Expenditures from the
fund shall be made upon warrants issued by the State Treasurer
against claims filed as prescribed by law with the Director Chief
Operating Officer of the Office of Management and Enterprise
Services for approval and payment.
B. On and after July 1, 1988, no easement, right-of-way, oil
and gas lease or surface lease on any land used or occupied by any
institution, under the jurisdiction of the Board of Mental Health
and Substance Abuse Services, shall be granted or conveyed without
the approval of the Board. All monies hereafter received or derived
from such easements, rights-of-way and leases, including, but not
limited to, rentals and royalties for leases and from sale of
equipment, shall be deposited in the Capital Outlay Fund of the
Department of Mental Health and Substance Abuse Services and used by
the Board for capital improvement at any Department of Mental Health
and Substance Abuse Services facility and for improvements to real
property owned by the Department or held in the Department's trust
as authorized by Section 2-111 of this title, except as otherwise
provided by the Legislature.
SECTION 198. AMENDATORY 43A O.S. 2021, Section 2-302, is
amended to read as follows:
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Section 2-302. There is hereby created a petty cash fund at the
Central Office. The Director Chief Operating Officer of the Office
of Management and Enterprise Services and the Commissioner of Mental
Health and Substance Abuse Services are authorized to fix the
maximum amount of these petty cash funds and the Director Chief
Operating Officer of the Office of Management and Enterprise
Services shall prescribe the rules and procedures for the
administration of these petty cash funds.
SECTION 199. AMENDATORY 43A O.S. 2021, Section 2-303, is
amended to read as follows:
Section 2-303. A. 1. There is hereby created in the State
Treasury a revolving fund for the Department of Mental Health and
Substance Abuse Services to be designated the "Department of Mental
Health and Substance Abuse Services Revolving Fund".
2. The fund shall be a continuing fund, not subject to fiscal
year limitations, and shall consist of monies received by each
facility and office of the Department as:
a. reimbursements from persons and agencies for the care
of consumers,
b. reimbursements from other state agencies and entities
of government,
c. all reimbursements received by the Department from the
United States government or pursuant to proceedings in
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district court to enforce claims for the cost of care
and treatment of consumers,
d. earnings and proceeds in the conduct and management of
the dairy, farm, truck, garden, livestock and any
industries of such facilities,
e. receipts from sale of excess byproducts, excess
property and salvage items,
f. certification fees,
g. gifts, donations and bequests, and
h. receipts from other ancillary services, not otherwise
provided by law.
B. 1. All monies accruing to the credit of said fund are hereby
appropriated and may be budgeted and expended by the Department of
Mental Health and Substance Abuse Services for the general operating
expenses of facilities and offices of the Department of Mental Health
and Substance Abuse Services.
2. Expenditures from the fund shall be made upon warrants issued
by the State Treasurer against claims filed as prescribed by law with
the Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment.
SECTION 200. AMENDATORY 43A O.S. 2021, Section 2-310, is
amended to read as follows:
Section 2-310. There is hereby created in the State Treasury a
revolving fund for the Department of Mental Health and Substance
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Abuse Services to be designated the "Intra-agency Reimbursement
Revolving Fund". The fund shall be a continuing fund not subject to
fiscal year limitations. Revenues to the fund shall consist only of
intra-agency payments from the allocation of operating costs among
budgeted activities. All monies accruing to the credit of said fund
are hereby appropriated and may be budgeted and expended by the
Department of Mental Health and Substance Abuse Services for
operating expenses of the Department of Mental Health and Substance
Abuse Services. Expenditures from said fund shall be made upon
warrants issued by the State Treasurer against claims filed as
prescribed by law with the Director Chief Operating Officer of the
Office of Management and Enterprise Services for approval and
payment.
SECTION 201. AMENDATORY 43A O.S. 2021, Section 2-311, is
amended to read as follows:
Section 2-311. There is hereby created in the State Treasury a
revolving fund for the Department of Mental Health and Substance
Abuse Services to be designated the Community-based Substance Abuse
Revolving Fund. The fund shall be a continuing fund, not subject to
fiscal year limitations, and shall consist of all monies received by
the Department of Mental Health and Substance Abuse Services from
low-point beer permits pursuant to Section 163.7 of Title 37 of the
Oklahoma Statutes, enrollment fees for alcohol and drug substance
abuse courses pursuant to the provisions of Section 3-453 of this
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title, and fees from certification of assessment agencies and
assessment personnel pursuant to the provisions of Section 3-460 of
this title. All monies accruing to the credit of the fund are
hereby appropriated and may be budgeted and expended by the
Department of Mental Health and Substance Abuse Services for the
purpose of providing training and administrative services pursuant
to the provisions of Sections 3-453 and 3-460 of this title,
contracting with private facilities, organizations and tribal
programs to provide treatment, counseling, rehabilitation, and other
related services directed toward alcohol- and drug-dependent
persons, and contracting with statewide substance abuse
organizations to provide training and to establish and maintain a
collaborative network of providers to maintain and improve the
continuum of care between agencies that provide substance abuse
prevention, treatment, and advocacy programs using best practices
and innovative programs that focus on substance abuse services and
co-occurring disorders. Expenditures from the fund shall be made
upon warrants issued by the State Treasurer against claims filed as
prescribed by law with the Director Chief Operating Officer of the
Office of Management and Enterprise Services for approval and
payment.
SECTION 202. AMENDATORY 57 O.S. 2021, Section 631, as
amended by Section 1, Chapter 201, O.S.L. 2023, and as renumbered by
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Section 5, Chapter 201, O.S.L. 2023 (43A O.S. Supp. 2025, Section 2-
312.1), is amended to read as follows:
Section 2-312.1. A. There is hereby created in the State
Treasury a revolving fund for the Department of Mental Health and
Substance Abuse Services to be designated the “County Community
Safety Investment Fund”. The fund shall be a continuing fund, not
subject to fiscal year limitations, and shall consist of all monies
appropriated to the fund under Section 633 of this title.
B. All monies accruing to the credit of the fund shall be
budgeted and expended by the Department of Mental Health and
Substance Abuse Services for the sole purpose of providing funds to
counties for development and implementation of the programs listed
in Section 4 of this act.
C. Expenditures from the fund shall be made upon warrants
issued by the State Treasurer against claims filed as prescribed by
law with the Director Chief Operating Officer of the Office of
Management and Enterprise Services for approval and payment.
SECTION 203. AMENDATORY 43A O.S. 2021, Section 3-102, is
amended to read as follows:
Section 3-102. A. The Carl Albert Community Mental Health and
Substance Abuse Services Center, McAlester, Oklahoma, and the Jim
Taliaferro Community Mental Health and Substance Abuse Services
Center, Lawton, Oklahoma, are hereby designated as institutions
within the Department of Mental Health and Substance Abuse Services
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and shall be operated under the supervision of the Department of
Mental Health and Substance Abuse Services.
B. The Department of Mental Health and Substance Abuse Services
is authorized to effect the transfer of property; records;
equipment; supplies and funds to include, if appropriate, revolving
funds; and encumbrances from Griffin Memorial Hospital to the
appropriate institution designated in subsection A above.
C. There is hereby created a petty cash fund at the Carl Albert
Community Mental Health and Substance Abuse Services Center and at
the Jim Taliaferro Community Mental Health and Substance Abuse
Services Center. The Director Chief Operating Officer of the Office
of Management and Enterprise Services and the Commissioner of Mental
Health and Substance Abuse Services are authorized to fix the
maximum amount of these petty cash funds and the Director Chief
Operating Officer of the Office of Management and Enterprise
Services shall prescribe the rules and procedures for the
administration of these petty cash funds.
SECTION 204. AMENDATORY 43A O.S. 2021, Section 3-103, is
amended to read as follows:
Section 3-103. A. The Central Oklahoma Community Mental Health
and Substance Abuse Services Center, Norman, Oklahoma, is hereby
designated a facility within the Department of Mental Health and
Substance Abuse Services and shall be operated under the supervision
of the Department of Mental Health and Substance Abuse Services.
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B. The Department of Mental Health and Substance Abuse Services
is authorized to effect the transfer of property, records,
equipment, supplies and funds to include, if appropriate, revolving
funds, and encumbrances from Griffin Memorial Hospital to the
facility designated in subsection A above.
C. There is hereby created a petty cash fund at the Central
Oklahoma Community Mental Health and Substance Abuse Services
Center, Norman, Oklahoma. The Director Chief Operating Officer of
the Office of Management and Enterprise Services and the
Commissioner of Mental Health and Substance Abuse Services are
authorized to fix the maximum amount of the petty cash fund and the
Director Chief Operating Officer of the Office of Management and
Enterprise Services shall prescribe the rules and procedures for the
administration of the petty cash fund.
SECTION 205. AMENDATORY 43A O.S. 2021, Section 3-105, is
amended to read as follows:
Section 3-105. A. The Children's Recovery Center of Oklahoma,
Norman, Oklahoma, is hereby created and designated a facility within
the Department and shall be operated under the supervision of the
Department. The Children's Recovery Center of Oklahoma shall
consist of:
1. The Adolescent Unit, a building constructed pursuant to the
provisions of Section 10, Chapter 341, O.S.L. 1981, Section 20,
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Chapter 374, O.S.L. 1982, Section 32, Chapter 326, O.S.L. 1983 and
Section 114, Chapter 296, O.S.L. 1984; and
2. The Leland Wolf Unit, formerly known and designated as the
Leland Wolf Rehabilitation Center of Central State Griffin Memorial
Hospital.
B. There is hereby created a petty cash fund for the Children's
Recovery Center of Oklahoma. The Director Chief Operating Officer
of the Office of Management and Enterprise Services and Commissioner
of Mental Health and Substance Abuse Services are authorized to fix
the maximum amount of this petty cash fund and the Director Chief
Operating Officer of the Office of Management and Enterprise
Services shall prescribe the rules and procedures for the
administration of this petty cash fund.
SECTION 206. AMENDATORY 43A O.S. 2021, Section 3-107, as
amended by Section 2, Chapter 125, O.S.L. 2022 (43A O.S. Supp. 2025,
Section 3-107), is amended to read as follows:
Section 3-107. A. There is hereby created and designated as a
facility within the Department of Mental Health and Substance Abuse
Services Transitions Recovery Center at Vinita. The facility shall
be operated under the supervision and administration of the
Commissioner of Mental Health and Substance Abuse Services. It is
the intent of the Legislature that Transitions Recovery Center at
Vinita utilize and receive business management, support services and
medical ancillary services of the Oklahoma Forensic Center.
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B. There is hereby created a petty cash fund for Transitions
Recovery Center at Vinita. The Director Chief Operating Officer of
the Office of Management and Enterprise Services and the
Commissioner of Mental Health and Substance Abuse Services are
authorized to fix the maximum amount of the petty cash fund. The
Director Chief Operating Officer of the Office of Management and
Enterprise Services shall prescribe the rules and procedures for the
administration of the petty cash fund.
C. The Department of Mental Health and Substance Abuse Services
is authorized to effect the transfer of property, records,
equipment, supplies, funds and encumbrances from the Oklahoma
Forensic Center to or from Transitions Recovery Center at Vinita.
SECTION 207. AMENDATORY 43A O.S. 2021, Section 3-107b,
is amended to read as follows:
Section 3-107b. A. The "Tulsa Center for Behavioral Health" is
hereby created and designated as a facility within the Department of
Mental Health and Substance Abuse Services and shall be operated
under the supervision of the Department of Mental Health and
Substance Abuse Services.
B. There is hereby created a petty cash fund for the Tulsa
Center for Behavioral Health. The Director Chief Operating Officer
of the Office of Management and Enterprise Services and Commissioner
of Mental Health and Substance Abuse Services are authorized to fix
the maximum amount of this petty cash fund and the Director Chief
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Operating Officer of the Office of Management and Enterprise
Services shall prescribe the rules and procedures for the
administration of the petty cash fund.
SECTION 208. AMENDATORY 43A O.S. 2021, Section 3-453, is
amended to read as follows:
Section 3-453. A. Alcohol and drug substance abuse courses
shall be offered only by nonprofit educational institutions of
higher learning, governmental or nonprofit organizations.
B. Enrollment fees for those attending the courses shall be set
by the Department of Mental Health and Substance Abuse Services and
shall be within a range of not less than Sixty-five Dollars ($65.00)
and not more than:
1. One Hundred Fifty Dollars ($150.00) for a ten-hour course;
and
2. Three Hundred Sixty Dollars ($360.00) for a twenty-four-hour
course.
C. Ten percent (10%) of each fee collected shall be remitted by
the institution or organization offering alcohol and drug substance
abuse courses to the State Treasurer to be credited to the
Community-based Substance Abuse Revolving Fund in the State Treasury
and shall be used to provide substance abuse services to the
indigent or to provide specialized training to alcohol and drug
substance abuse course facilitators. Five percent (5%) of each fee
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collected by the Department shall be used for the administrative
costs related to providing such services.
D. Enrollment in the course shall not be limited to persons
ordered to enroll, attend and successfully complete the course.
E. All alcohol and drug substance abuse courses related to
driver license revocation and course facilitators shall be approved
and certified by the Department of Mental Health and Substance Abuse
Services.
F. The Department of Mental Health and Substance Abuse Services
is authorized to promulgate rules governing:
1. Minimum curriculum requirements for such courses;
2. Facilities, equipment and instructional materials for such
courses;
3. Minimum qualifications for course facilitators;
4. Grounds for reprimand and for revocation, suspension or
nonrenewal of the authority to conduct such courses and for
revocation of a facilitator's certification;
5. Attendance requirements; and
6. Guidelines for certifying to the Department of Mental Health
and Substance Abuse Services and the Department of Public Safety
successful completion of such course.
G. The Department of Mental Health and Substance Abuse Services
shall require that each ten-hour course shall be conducted in no
less than three sessions of no more than three and one-half (3 1/2)
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hours each on three (3) separate days. For a twenty-four-hour
course, the Department shall require that:
1. Each such course shall consist of at least twenty-four (24)
hours;
2. Each such course shall consist of no more than two (2) hours
of education on any given day, nor more than four (4) hours in a
given week, and shall not contain more than ten percent (10%) films
on any one specialized area; and
3. No more than twenty-four students shall be allowed in a
given class.
H. Any institution or organization authorized under this act to
conduct an alcohol and drug substance abuse course shall certify to
the Department of Public Safety all persons who successfully
complete such course.
I. Any person participating in a substance abuse treatment
program recommended as a result of an assessment pursuant to Section
3-460 of this title shall be required to pay all or part of the
actual cost incurred for treatment of the person, if the court
determines the person has the ability to pay for all or part of the
cost of treatment. The court shall determine the amount of
reimbursement the person shall pay.
J. Application fees for certification of course facilitators
shall be set by the Board of Mental Health and Substance Abuse
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Services to defray the costs of administering the program and shall
be:
1. Not less than One Hundred Dollars ($100.00) and not more
than Two Hundred Dollars ($200.00) upon initial application; and
2. Not less than Twenty-five Dollars ($25.00) and not more than
Fifty Dollars ($50.00) upon annual renewal.
K. The Director Chief Operating Officer of the Office of
Management and Enterprise Services shall transfer unobligated monies
generated from the fees in subsection C of this section, deposited
before November 1, 2005, from the Department of Mental Health and
Substance Abuse Services Revolving Fund to the Community-based
Substance Abuse Revolving Fund, in amounts calculated by the
Department.
L. No alcohol or drug substance abuse course shall operate or
continue to operate unless it is operated in compliance with the
rules promulgated by the Board and is certified as required by this
section.
SECTION 209. AMENDATORY 43A O.S. 2021, Section 3-460, is
amended to read as follows:
Section 3-460. A. The Department of Mental Health and
Substance Abuse Services shall certify assessment personnel for the
purpose of conducting alcohol and drug assessment and evaluation
programs related to driver license revocation.
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B. Application fees for certification of assessment personnel
shall be set by the Department to defray the costs of administering
the program and shall be:
1. Not less than One Hundred Dollars ($100.00) and not more
than Two Hundred Dollars ($200.00) upon initial application; and
2. Not less than Twenty-five Dollars ($25.00) and not more than
One Hundred Fifty Dollars ($150.00) upon triennial renewal.
C. The fee for those undergoing an assessment and evaluation
pursuant to this section shall be One Hundred Sixty Dollars
($160.00). A fee of Fifteen Dollars ($15.00) shall be remitted by
the individual undergoing an assessment and evaluation directly to
the Department of Public Safety pursuant to Section 6-212 of Title
47 of the Oklahoma Statutes.
1. The Department of Public Safety shall remit ninety percent
(90%) of the fifteen-dollar fee collected pursuant to this section
to the State Treasurer to be credited to the Community-based
Substance Abuse Revolving Fund in the State Treasury and shall be
used by the Department of Mental Health and Substance Abuse
Services.
2. Ten percent (10%) of each fifteen-dollar fee collected by
the Department of Public Safety pursuant to this section shall be
deposited into the Department of Public Safety Restricted Revolving
Fund, as created in Section 2-145 of Title 47 of the Oklahoma
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Statutes, to be used for administrative costs associated with the
duties imposed by this section.
D. The Board of Mental Health and Substance Abuse Services is
authorized to promulgate such rules as are necessary to implement
the provisions of Section 3-451 et seq. of this title. Failure to
comply with rules and standards promulgated by the Board shall be
grounds for revocation, suspension or nonrenewal of certification.
E. The Director Chief Operating Officer of the Office of
Management and Enterprise Services shall transfer any unobligated
monies generated by the fees in subsection C of this section,
deposited before November 1, 2005, from the Department of Mental
Health and Substance Abuse Services Revolving Fund to the Community-
based Substance Abuse Revolving Fund, in amounts calculated by the
Department.
F. No alcohol or drug assessment personnel shall operate or
continue to operate as such unless the alcohol or drug assessment
personnel comply with the rules promulgated by the Board and are
certified as required by this section.
SECTION 210. AMENDATORY 44 O.S. 2021, Section 28, is
amended to read as follows:
Section 28. There is hereby created a petty cash fund for
programs of the Oklahoma Military Department, including but not
limited to billeting funds, youth programs and military awards and
decoration programs, the sum of which shall be determined as
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agreeable to the Oklahoma Military Department and the Director Chief
Operating Officer of the Office of Management and Enterprise
Services. The Director Chief Operating Officer shall establish
procedures for the administration of this petty cash fund.
SECTION 211. AMENDATORY 44 O.S. 2021, Section 233.7, is
amended to read as follows:
Section 233.7. There is hereby created in the State Treasury a
revolving fund for the Oklahoma Military Department to be designated
the "Oklahoma Military Department Revolving Fund". The fund shall
be a continuing fund, not subject to fiscal year limitations, and
shall consist of any monies received by the Oklahoma Military
Department from the sale of surplus property, fees and receipts
collected pursuant to the Oklahoma Open Records Act, interagency
reimbursements, federal funds unless otherwise provided by federal
law or regulation, gifts, bequests, contributions, devises, any
other source, and the proceeds of property sold or otherwise
disposed of pursuant to the provisions of subsection B of Section
233.3 of this title. All monies accruing to the credit of said fund
are hereby appropriated and may be budgeted and expended by the
Oklahoma Military Department for construction, repairs, and
maintenance, equipment for facilities of the Oklahoma National
Guard, or for operating expenses of the Oklahoma Military
Department. Expenditures from said fund shall be made upon warrants
issued by the State Treasurer against claims filed as prescribed by
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law with the Director Chief Operating Officer of the Office of
Management and Enterprise Services for approval and payment. All
monies in the fund may, at the direction of the Adjutant General, be
invested by the State Treasurer in accordance with state investment
practices. All earnings attributable to such investments shall
likewise accrue to the credit of the fund.
SECTION 212. AMENDATORY Section 1, Chapter 361, O.S.L.
2022 (44 O.S. Supp. 2025, Section 233.14), is amended to read as
follows:
Section 233.14. There is hereby created in the State Treasury a
revolving fund for the Oklahoma Military Department to be designated
the "Military Justice Revolving Fund". The fund shall be a
continuing fund, not subject to fiscal year limitations, and shall
consist of all monies directed for deposit to the fund by law. All
monies accruing to the credit of said fund are hereby appropriated
and may be budgeted and expended by the Oklahoma Military Department
for the purpose of prosecuting military misconduct as needed.
Expenditures from said fund shall be made upon warrants issued by
the State Treasurer against claims filed as prescribed by law with
the Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment.
SECTION 213. AMENDATORY 44 O.S. 2021, Section 235.1, is
amended to read as follows:
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Section 235.1. There is hereby created in the State Treasury a
special fund to be known as the "Oklahoma National Guard Museum
Fund", which fund shall consist of donations received for operation
and maintenance of the museum and monies received from the sale of
Armed Forces Veterans Motorcycle License Plates pursuant to Section
1135.5 of Title 47 of the Oklahoma Statutes. The fund shall be a
continuing fund not subject to fiscal year limitations and shall be
under the administrative direction of the Oklahoma Military
Department. Expenditures from the fund created by this section
shall be used exclusively for expenses of operation and maintenance
of the Oklahoma National Guard Museum and shall be made pursuant to
the laws of this state and without legislative appropriation.
Warrants for expenditures from the fund shall be drawn by the State
Treasurer, based on claims signed by an authorized employee of the
department and approved for payment by the Director Chief Operating
Officer of the Office of Management and Enterprise Services.
SECTION 214. AMENDATORY Section 19, Chapter 344, O.S.L.
2025 (44 O.S. Supp. 2025, Section 272), is amended to read as
follows:
Section 272. There is hereby created in the State Treasury a
revolving fund for the Oklahoma Military Department to be designated
the "Oklahoma National Guard Supplemental Retirement Pay Revolving
Fund". The fund shall be a continuing fund, not subject to fiscal
year limitations, and shall consist of all monies received by the
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Oklahoma Military Department from funds provided by law. All monies
accruing to the credit of said fund are hereby appropriated and may
be budgeted and expended by the Oklahoma Military Department for the
purpose of implementing the provisions of Section 18 of this act.
Expenditures from said fund shall be made upon warrants issued by
the State Treasurer against claims filed as prescribed by law with
the Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment.
SECTION 215. AMENDATORY Section 1, Chapter 452, O.S.L.
2025 (44 O.S. Supp. 2025, Section 301A), is amended to read as
follows:
Section 301A. A. There is hereby created in the State Treasury
a revolving fund for the Oklahoma Military Department to be
designated the "Base Infrastructure Needs and Development - Schools
Revolving Fund", which may also be cited as "BIND – Schools Fund".
The fund shall be a continuing fund, not subject to fiscal year
limitations, and shall consist of all monies directed for deposit to
the fund by law. All monies accruing to the credit of said fund are
hereby appropriated and may be budgeted and expended by the Oklahoma
Military Department for the purpose established in subsection B of
this section. Expenditures from said fund shall be made upon
warrants issued by the State Treasurer against claims filed as
prescribed by law with the Director Chief Operating Officer of the
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Office of Management and Enterprise Services for approval and
payment.
B. There is hereby established within the Oklahoma Military
Department the "Base Infrastructure Needs and Development – Schools
Program", which may also be cited as the "BIND – Schools Program".
The Department shall utilize funds from the BIND – Schools Fund
created in subsection A of this section, alone or in combination
with other available funding, to make infrastructure investments,
including, but not limited to, new construction, improving common
education facilities located on military bases in this state, that
will either:
1. Decrease the likelihood of military base and other military
infrastructure closures in this state, or
2. Increase the likelihood of military base and other military
infrastructure expansions in this state.
SECTION 216. AMENDATORY Section 1, Chapter 453, O.S.L.
2025 (44 O.S. Supp. 2025, Section 301B), is amended to read as
follows:
Section 301B. A. There is hereby created in the State Treasury
a revolving fund for the Oklahoma Military Department to be
designated the "Base Infrastructure Needs and Development -
Technology Revolving Fund", which may also be cited as "BIND –
Technology Fund". The fund shall be a continuing fund, not subject
to fiscal year limitations, and shall consist of all monies directed
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for deposit to the fund by law. All monies accruing to the credit
of said fund are hereby appropriated and may be budgeted and
expended by the Oklahoma Military Department for the purpose
established in subsection B of this section. Expenditures from said
fund shall be made upon warrants issued by the State Treasurer
against claims filed as prescribed by law with the Director Chief
Operating Officer of the Office of Management and Enterprise
Services for approval and payment.
B. There is hereby established within the Oklahoma Military
Department the "Base Infrastructure Needs and Development –
Technology Program", which may also be cited as the "BIND –
Technology Program". The Department shall utilize funds from the
BIND – Technology Fund created in subsection A of this section,
alone or in combination with other available funding, to make
infrastructure investments, including, but not limited to, the
purchase of licenses and software associated with military
simulation training, that will either:
1. Decrease the likelihood of military base and other military
infrastructure closures in this state; or
2. Increase the likelihood of military base and other military
infrastructure expansions in this state.
SECTION 217. AMENDATORY 45 O.S. 2021, Section 938.1, is
amended to read as follows:
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Section 938.1. There is hereby created in the State Treasury a
revolving fund for the Oklahoma Miner Training Institute to be
designated the "Oklahoma Miner Training Institute Revolving Fund".
The fund shall be a continuing fund, not subject to fiscal year
limitations, and shall consist of all monies designated by Section
931 of this title to be deposited in the fund. All monies accruing
to the credit of said fund are hereby appropriated and may be
budgeted and expended by the Oklahoma Mining Commission for the
contract with the Board of Regents of Eastern Oklahoma State College
for operation of the Oklahoma Miner Training Institute and
associated expenses. Expenditures from said fund shall be made upon
warrants issued by the State Treasurer against claims filed as
prescribed by law with the Director Chief Operating Officer of the
Office of Management and Enterprise Services for approval and
payment.
SECTION 218. AMENDATORY 47 O.S. 2021, Section 2-122, is
amended to read as follows:
Section 2-122. A. The Commissioner of Public Safety is
authorized to receive funds from gifts, federal and state agency
sources, state and local agency employees, and tuition and fees for
room and meals from users of the Robert R. Lester Training Center
and other training facilities of the Department of Public Safety.
All amounts collected shall be deposited in the State Treasury to
the credit of the Department of Public Safety Revolving Fund.
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B. The Commissioner or designee is authorized to receive
contributions, gifts and donations for the sole benefit and
operation of the education programs of the Department including, but
not limited to, the Drug Abuse Resistance Education (D.A.R.E.)
Program. All monies received by the Commissioner or designee
pursuant to this subsection shall be deposited to the credit of the
Department of Public Safety Restricted Revolving Fund and shall be
expended by the Department solely for the purposes of the operation
of the education programs of the Department. All other property
received by the Commissioner or designee pursuant to this subsection
shall be held by the Department in trust under the terms and
conditions imposed by the donors, and title to any and all property
acquired, granted or donated to the Department shall be taken in the
name of the state to be held for the use and benefit of such
education programs of the Department under the conditions of the
grants or donations. Provided, however, no real property shall be
accepted by the Commissioner or designee for the purposes of this
subsection.
C. There is hereby created a petty cash fund for the Department
of Public Safety. Said fund shall be used by the Department to
operate cash drawers as necessary. The amount of the petty cash
fund shall be determined by the Director Chief Operating Officer of
the Office of Management and Enterprise Services and the
Commissioner of Public Safety. Purchases from the petty cash fund
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shall be prohibited. The Director Chief Operating Officer of the
Office of Management and Enterprise Services shall be authorized to
prescribe forms, systems and procedures for the administration of
the petty cash fund.
SECTION 219. AMENDATORY 47 O.S. 2021, Section 2-142, is
amended to read as follows:
Section 2-142. There is hereby created in the State Treasury a
revolving fund for the Department of Public Safety, to be designated
the "Computer Imaging System Revolving Fund". The fund shall be a
continuing fund not subject to fiscal year limitations. All monies
accruing to the credit of said fund are hereby appropriated and
shall be budgeted and expended by the Department for the exclusive
purpose of implementing, developing, administering, and maintaining
the computer imaging system of the Department of Public Safety.
Expenditures from said fund shall be made upon warrants issued by
the State Treasurer against claims filed as prescribed by law with
the Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment.
SECTION 220. AMENDATORY 47 O.S. 2021, Section 2-143, is
amended to read as follows:
Section 2-143. There is hereby created in the State Treasury a
revolving fund for the Department of Public Safety, to be designated
the "Department of Public Safety Patrol Vehicle Revolving Fund".
The fund shall be a continuing fund, not subject to fiscal year
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limitations. All monies accruing to the credit of the fund are
hereby appropriated and shall be budgeted and expended by the
Department for the purpose of purchasing, equipping, and maintaining
of patrol vehicles and patrol aircraft and for any other purpose
related to the duties and responsibilities of the Transportation
Division of the Department, as well as any other operational
expenses of the Oklahoma Highway Patrol. No monies shall be
expended from this fund without expressed authorization by the
Legislature. Expenditures from said fund shall be made upon
warrants issued by the State Treasurer against claims filed as
prescribed by law with the Director Chief Operating Officer of the
Office of Management and Enterprise Services for approval and
payment.
SECTION 221. AMENDATORY 47 O.S. 2021, Section 2-144.1,
is amended to read as follows:
Section 2-144.1. A. There is hereby created in the State
Treasury a revolving fund for the Department of Public Safety to be
designated the Department of Public Safety Revolving Fund. The fund
shall be a continuing fund, not subject to fiscal year limitations,
and shall consist of all money received by the Department of Public
Safety from:
1. Sale of surplus property;
2. Insurance and other reimbursements for damaged, lost or
stolen property;
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3. Reimbursement for services of Department personnel as
approved by the Department if such personnel are representing the
Department or are in any uniform of the Department;
4. Reimbursement for supplies or facsimile or data
transmissions or for contractual services or products not otherwise
provided by law;
5. Fees and costs paid by subscribers to the Oklahoma Law
Enforcement Telecommunications Systems;
6. Refund of federal gasoline tax;
7. Reimbursements by federal, state and municipal government
agencies for the use of Department of Public Safety airplanes;
8. Fees from users of the Robert R. Lester Training Center or
other Department of Public Safety training facilities;
9. Federal funds, unless otherwise provided by federal law or
regulation; and
10. Any other funds received pursuant to law and designated for
deposit into the fund.
B. All monies accruing to the credit of the fund are hereby
appropriated and may be budgeted and expended by the Department of
Public Safety for the operating expenses of the Department.
C. The Director Chief Operating Officer of the Office of the
Office of Management and Enterprise Services shall provide a
distinct numbering system for the identification and tracking of the
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expenditures of the various programs budgeted from the revolving
fund.
D. Expenditures from the fund shall be made upon warrants
issued by the State Treasurer against claims filed as prescribed by
law with the Director Chief Operating Officer of the Office of
Management and Enterprise Services for approval and payment.
SECTION 222. AMENDATORY 47 O.S. 2021, Section 2-145, is
amended to read as follows:
Section 2-145. A. There is hereby created in the State
Treasury a revolving fund for the Department of Public Safety, to be
designated the "Department of Public Safety Restricted Revolving
Fund". The fund shall be a continuing fund, not subject to fiscal
year limitations. All monies accruing to the credit of said fund
are hereby appropriated and shall be budgeted and expended by the
Department of Public Safety for the restricted purposes of the
monies as prescribed by law. Expenditures from said funds shall be
made upon warrants issued by the State Treasurer against claims
filed as prescribed by law with the Director Chief Operating Officer
of the Office of Management and Enterprise Services for approval and
payment.
B. Any statutory references to the Department of Public Safety
Revolving Fund shall mean the Department of Public Safety Restricted
Revolving Fund, as provided for in this section, whenever the
expenditure of the monies is restricted by law.
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C. The Department of Public Safety shall transfer all funds,
for which expenditure is restricted by law, from the Department of
Public Safety Revolving Fund to the Department of Public Safety
Restricted Revolving Fund.
SECTION 223. AMENDATORY 47 O.S. 2021, Section 2-303, is
amended to read as follows:
Section 2-303. A. There is hereby created in the State
Treasury a revolving fund for the Department of Public Safety, to be
designated the "Department of Public Safety Patrol Academy Revolving
Fund". The fund shall be a continuing fund, not subject to fiscal
year limitations. All monies accruing to the credit of said fund
are hereby appropriated and shall be budgeted and expended by the
Department of Public Safety for the exclusive purpose of Oklahoma
Highway Patrol Trooper Academies. Expenditures from said fund shall
be made upon warrants issued by the State Treasurer against claims
filed as prescribed by law with the Director Chief Operating Officer
of the Office of Management and Enterprise Services for approval and
payment.
B. On or before December 1 of each year, the Department of
Public Safety shall provide a written report on all Oklahoma Highway
Patrol Trooper Academies conducted in the then current and preceding
state fiscal year to the Speaker of the Oklahoma House of
Representatives, the President Pro Tempore of the Oklahoma State
Senate, the Chair of the Appropriations and Budget Committee of the
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Oklahoma House of Representatives, and the Chair of the
Appropriations Committee of the Oklahoma State Senate. Such report
shall include, but not be limited to, the following information for
the then current and preceding state fiscal year:
1. A description of all expenditures from the Department of
Public Safety Patrol Academy Revolving Fund;
2. A description of the source of all monies accruing to the
credit of the Department of Public Safety Patrol Academy Revolving
Fund;
3. A description of all expenditures, including the source of
funds for said expenditures, used to conduct each academy;
4. The total number of applicants for each academy;
5. The total number of persons admitted for each academy;
6. The total number of persons graduating from each academy;
7. The total number of persons graduating from each academy
that do not accept a position within the Oklahoma Highway Patrol;
8. The total number of persons graduating from each academy
that, upon accepting a position within the Oklahoma Highway Patrol,
do not complete service of an initial probationary period as
determined by the Department of Public Safety;
9. The net number of troopers added to the Oklahoma Highway
Patrol in a calendar year;
10. A description of any academies planned to be conducted in
the upcoming state fiscal year; and
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11. A description of any planned academy or academies to be
conducted within the remaining fiscal year that includes, but is not
limited to, the estimated cost of the academy and the proposed
source or sources of funding.
SECTION 224. AMENDATORY 47 O.S. 2021, Section 2-303, is
amended to read as follows:
Section 2-303. A. There shall be an "Oklahoma Law Enforcement
Retirement Board" to administer the fund of the System. The Board
shall be composed of the Commissioner of Public Safety or his
designee, the Director Chief Operating Officer of the Office of
Management and Enterprise Services or his designee, three members to
be appointed by the Governor one of whom shall be a retired member
of the System, one member to be appointed by the Speaker of the
House of Representatives, one member to be appointed by the
President Pro Tempore of the Senate, two members of the Highway
Patrol Division and one member of the Communication Division of the
Department of Public Safety, one member of the Oklahoma State Bureau
of Investigation, one member of the Oklahoma State Bureau of
Narcotics and Dangerous Drugs Control and one member of the
Alcoholic Beverage Laws Enforcement Commission, elected by and from
the membership of the System. The terms of elected members of the
Board now serving shall expire on June 30, 1980. The present Board
shall conduct an election for the selection of elected members of
the Board, prior to the operative date of this act. One member of
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the Oklahoma Highway Patrol and the member of the Oklahoma State
Bureau of Investigation, initially elected, shall serve through June
30, 1982, the member of the Oklahoma Alcoholic Beverage Control
Board, initially elected, shall serve through June 30, 1984, and the
remaining elected members shall serve through June 30, 1983.
Members subsequently elected shall serve for terms of three (3)
years.
B. 1. The initial term of office of the member appointed to
the Board by the Speaker of the House of Representatives and the
member appointed to the Board by the President Pro Tempore of the
Senate shall expire on January 3, 1989. The members thereafter
appointed by the Speaker of the House of Representatives and by the
President Pro Tempore of the Senate shall serve terms of office of
four (4) years.
2. The member appointed by the Governor serving on the Board on
the operative date of this act shall serve the remainder of the
unexpired term of the member. The member appointed by the Governor
to fill that position after the expiration of the term of office of
the member serving on the operative date of this act shall serve
through January 13, 1991. The members thereafter appointed by the
Governor shall serve a term of office of four (4) years which is
coterminous with the term of office of the office of the appointing
authority.
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3. The initial term of office of the two additional
appointments to the Board by the Governor shall expire on January
14, 1991. The members thereafter appointed by the Governor shall
serve terms of office of four (4) years which are coterminous with
the term of office of the office of the appointing authority.
4. Vacancies shall be filled for the unexpired term of office
in the same manner as the original appointment was made.
C. The members appointed to the Board by the Speaker of the
House of Representatives, by the President Pro Tempore of the Senate
and by the Governor or a member who is a designee of an ex officio
member of the Board shall:
1. Have demonstrated professional experience in investment or
funds management, public funds management, public or private pension
fund management or retirement system management; or
2. Have demonstrated experience in the banking profession and
have demonstrated professional experience in investment or funds
management; or
3. Be licensed to practice law in this state and have
demonstrated professional experience in commercial matters; or
4. Be licensed by the Oklahoma Accountancy Board to practice in
this state as a public accountant or a certified public accountant.
The appointing authorities, in making appointments that conform
to the requirements of this subsection, shall give due consideration
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to balancing the appointments among the criteria specified in
paragraphs 1 through 4 of this subsection.
D. No member of the Board shall be a lobbyist registered in
this state as provided by law.
E. Notwithstanding any of the provisions of this section to the
contrary, any person serving as an appointed member of the Board on
the operative date of this act shall be eligible for reappointment
when the term of office of the member expires.
F. Every two (2) years, one of the members of the Board shall
be selected by the Board as president and another member as
secretary of the Board.
G. Any member of the Board elected by the membership of the
System may be recalled for cause at a special election held for that
purpose by the members of the System. Such an election shall be
called and held by the president and secretary of the Board upon a
written request therefor signed by not less than one-third (1/3) of
the members of the System and shall be held pursuant to notice given
to all members of the System stating the date for such election
which shall not be less than ten (10) days from the date of the
issuance of such notice. All members of the System shall be
entitled to vote by secret ballot and, if two-thirds (2/3) or more
of the membership of the System vote for his recall, the elected
member of the Board designated in such request, notice and secret
ballot shall cease to be a member of the Board and the president and
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secretary of the Board shall call and hold a special election by the
members of the System to fill the remainder of the term of the
member so recalled.
H. The Oklahoma Law Enforcement Retirement System shall retain
an Executive Director and shall establish the Executive Director's
compensation. The Executive Director shall be the managing and
administrative officer of the System and as such shall have charge
of the office, records and supervision and direction of the
employees of the System. The Executive Director shall be
responsible for the overall operations and to perform duties
specified in Section 2-300 of this title and as specified by the
Board. The Executive Director shall be subject to the policy
directions of the Board and may employ such persons as are deemed
necessary to administer the System.
SECTION 225. AMENDATORY 47 O.S. 2021, Section 2-310.1,
is amended to read as follows:
Section 2-310.1. A. Whenever any member currently working in a
position identified by paragraph 6 of Section 2-300 of this title or
Section 2-314 of this title and enrolled in the Oklahoma Law
Enforcement Retirement System is injured in the line of duty, an
Injury Review Board consisting of one member to be appointed by the
member's employer, one member to be appointed by the Director Chief
Operating Officer of the Office of Management and Enterprise
Services and one member to be appointed by the Governor shall
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convene to determine if the injured member was actually injured in
the line of duty and whether the injured member should be granted
leave because of the injury. The Injury Review Board may, in its
discretion, grant the injured member leave when necessary, not to
exceed one hundred sixty-five (165) working days for the illness or
injury.
B. For the purpose of this section, "illness or injury" shall
include any serious illness or serious injury caused by or
contracted during the performance of the member's duty. Every state
agency which employs persons eligible for membership in the Oklahoma
Law Enforcement Retirement System shall participate in the joint
promulgation of a rule which shall set out mutually agreeable
guidelines for the categorization of an illness or injury as
serious. Upon promulgation of the rule, each of the state agencies
shall individually adopt the rule. The wording of the rule, as
adopted and as amended by the agencies from time to time, shall
remain in conformity for each of the state agencies.
C. The three-member Injury Review Board shall be convened
following a written request submitted by the injured member to the
injured member's employer. The employer shall forward the request
to the Director Chief Operating Officer of the Office of Management
and Enterprise Services. The employer may submit the request on
behalf of an injured member. The Director's appointee shall then
convene and chair the Injury Review Board. The Injury Review Board
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may request the injured member to submit to an examination by a
physician selected by the Board at the employer's expense to assist
the Board in making a decision. A decision to grant or deny such
paid leave shall be determined by concurrence in writing of not less
than two Injury Review Board members. If granted, said leave shall
be paid by the employing agency.
D. While such leave is being paid, the employee shall continue
to accrue leave and service credit at the same rate as before the
illness or injury. The employee's portion of health, dental, life
and disability insurance premiums and the employee's contribution to
the Oklahoma Law Enforcement Retirement System shall be deducted by
the employing agency from the paid leave and remitted to the
appropriate agencies, in the same manner as before the illness or
injury.
SECTION 226. AMENDATORY Section 6, Chapter 282, O.S.L.
2022, as last amended by Section 32, Chapter 452, O.S.L. 2024 (47
O.S. Supp. 2025, Section 3-106), is amended to read as follows:
Section 3-106. A. There is hereby created in the State
Treasury a revolving fund for Service Oklahoma to be designated the
“Service Oklahoma Revolving Fund”. The fund shall be a continuing
fund, not subject to fiscal year limitations. All monies accruing
to the credit of the fund are hereby appropriated and shall be
budgeted and expended by Service Oklahoma for the restricted
purposes of the monies as prescribed by law. Expenditures from the
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fund shall be made upon warrants issued by the State Treasurer
against claims filed as prescribed by law with the Director Chief
Operating Officer of the Office of Management and Enterprise
Services for approval and payment.
B. There is hereby created in the State Treasury a revolving
fund for Service Oklahoma to be designated the “Service Oklahoma
Reimbursement Fund”. The fund shall be a continuing fund, not
subject to fiscal year limitations. All monies accruing to the
credit of the fund are hereby appropriated and shall be budgeted and
expended by Service Oklahoma for the restricted purposes of the
monies as prescribed by law. Expenditures from the fund shall be
made upon warrants issued by the State Treasurer against claims
filed as prescribed by law with the Director Chief Operating Officer
of the Office of Management and Enterprise Services for approval and
payment.
C. There is hereby created in the State Treasury a revolving
fund for Service Oklahoma, to be designated the “Service Oklahoma
Computer Imaging System Revolving Fund”. The fund shall be a
continuing fund not subject to fiscal year limitations. All monies
accruing to the credit of the fund are hereby appropriated and shall
be budgeted and expended by Service Oklahoma for the purpose of
implementing, developing, administering, and maintaining the
computer imaging system of Service Oklahoma. Expenditures from the
fund shall be made upon warrants issued by the State Treasurer
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against claims filed as prescribed by law with the Director Chief
Operating Officer of the Office of Management and Enterprise
Services for approval and payment.
D. There is hereby created in the State Treasury a revolving
fund for Service Oklahoma to be designated the “Licensed Operator
Performance Fund”. This fund shall be a continuing fund not subject
to fiscal year limitations. All monies accruing to the credit of
the fund are hereby appropriated and shall be budgeted and expended
by Service Oklahoma for the restricted purposes of the monies as
prescribed by law. Expenditures from the fund shall be made upon
warrants issued by the State Treasurer against claims filed as
prescribed by law with the Director Chief Operating Officer of the
Office of Management and Enterprise Services for approval and
payment.
1. The Licensed Operator Performance Fund shall be distributed
to licensed operators in accordance with the applicable metrics
determined by Service Oklahoma.
2. In the event that excess funds exist in the Licensed
Operator Performance Fund after distribution to licensed operators
pursuant to this subsection, the remaining funds are authorized to
be expended for the purpose of purchasing back a licensed operator
license from a licensed operator, pursuant to Section 1140 of this
title.
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E. There is hereby created a Petty Cash Fund for Service
Oklahoma. The fund shall be used by Service Oklahoma to operate
cash drawers as necessary. The amount of the Petty Cash Fund shall
be determined by the Director of Service Oklahoma and the Director
Chief Operating Officer of the Office of Management and Enterprise
Services. Purchases from the Petty Cash Fund shall be prohibited.
The Director Chief Operating Officer of Management and Enterprise
Services shall be authorized to prescribe forms, systems, and
procedures for the administration of the Petty Cash Fund.
SECTION 227. AMENDATORY 47 O.S. 2021, Section 11-403.2a,
is amended to read as follows:
Section 11-403.2a. A. All unencumbered balances contained in
the Motorcycle Safety and Drunk Driving Awareness Fund as of April
30, 2007, shall be deposited to the credit of the Department of
Public Safety Revolving Fund of the State Treasury. The Director
Chief Operating Officer of the Office of Management and Enterprise
Services shall be authorized to transfer the unencumbered balance
described by this subsection to the Department of Public Safety
Revolving Fund.
B. Any unexpended balance contained in the Motorcycle Safety
and Drunk Driving Awareness Fund as of April 30, 2007, shall be
transferred and deposited to the credit of the Department of Public
Safety Revolving Fund of the State Treasury. The Director Chief
Operating Officer of the Office of Management and Enterprise
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Services shall be authorized to transfer the unexpended balance
described by this subsection to the Department of Public Safety
Revolving Fund.
SECTION 228. AMENDATORY 47 O.S. 2021, Section 11-902d,
is amended to read as follows:
Section 11-902d. A. The Commissioner of the Department of
Public Safety is hereby authorized to oversee the creation,
development and implementation of a statewide impaired driver
database with assistance from the Office of Management and
Enterprise Services subject to fiscal limitations and the
availability of federal funds.
B. In any case in which a person is arrested for driving under
the influence of alcohol or any other intoxicating substance, an
impaired driver arrest report shall be completed by the law
enforcement officer that made the arrest and shall be entered into
the impaired driver database. The Commissioner shall prescribe the
form and format of the impaired driver arrest report.
C. There is hereby created in the State Treasury a revolving
fund for the Department of Public Safety to be designated the
"Oklahoma Impaired Driver Database Revolving Fund". The fund shall
be a continuing fund, not subject to fiscal year limitations. All
monies accruing to the credit of the fund are hereby appropriated
and may be budgeted and expended by the Department for the exclusive
purpose of implementing, developing, administering and maintaining
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an impaired driver database. Expenditures from the funds shall be
made upon warrants issued by the State Treasurer against claims
filed as prescribed by law with the Director Chief Operating Officer
of the Office of Management and Enterprise Services for approval and
payment.
SECTION 229. AMENDATORY 47 O.S. 2021, Section 40-123, is
amended to read as follows:
Section 40-123. There is hereby created in the State Treasury a
revolving fund for the Department of Public Safety to be designated
the "Motorcycle Safety and Education Program Revolving Fund". The
fund shall be a continuing fund, not subject to fiscal year
limitations, and shall consist of all fees, donations, federal funds
and grants received for the purpose of motorcycle safety and
education programming. All monies accruing to the credit of said
fund are hereby appropriated and may be budgeted and expended by the
Commissioner of Public Safety for the purpose of operating the
Motorcycle Safety and Education Program. Expenditures from said
fund shall be made upon warrants issued by the State Treasurer
against claims filed as prescribed by law with the Director Chief
Operating Officer of the Office of Management and Enterprise
Services for approval and payment.
SECTION 230. AMENDATORY 47 O.S. 2021, Section 156.3, is
amended to read as follows:
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Section 156.3. A. This act, Section 151 et seq. of this title,
shall not apply to and shall not be so construed as prohibiting the
purchase and use of trucks or pickups by state agencies when the
trucks or pickups are necessary for the performance of official
duties of the state agency.
B. Trucks and pickups owned and operated by the Department of
Transportation shall be painted either yellow or white, and except
as otherwise provided by law, shall be plainly marked with the words
"State of Oklahoma" followed by the name of the department.
C. The provisions of this section shall not be construed to
permit the purchase of any motor vehicle of ten thousand (10,000)
pounds or less gross vehicle weight.
D. All acquisitions of any motor vehicle of ten thousand
(10,000) pounds or less gross vehicle weight shall be approved by
the Director Chief Operating Officer of the Office of Management and
Enterprise Services as provided for in Section 78a of Title 74 of
the Oklahoma Statutes.
SECTION 231. AMENDATORY 47 O.S. 2021, Section 577, is
amended to read as follows:
Section 577. The Director Chief Operating Officer of the Office
of Management and Enterprise Services is authorized to prescribe
forms, systems and procedures for its administration. The petty
cash fund may be reimbursed from time to time by the filing of
proper claims, accompanied by valid receipts for expenditures made.
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SECTION 232. AMENDATORY 47 O.S. 2021, Section 582, as
last amended by Section 4, Chapter 236, O.S.L. 2024 (47 O.S. Supp.
2025, Section 582), is amended to read as follows:
Section 582. A. There is hereby created the Oklahoma Used
Motor Vehicle, Dismantler, and Manufactured Housing Commission, to
be composed of ten (10) members who shall be selected as follows:
1. One member shall be appointed from each congressional
district and any remaining members, including the chair, shall be
appointed from the state at large. However, when congressional
districts are redrawn, each member appointed prior to July 1 of the
year in which such modification becomes effective shall complete the
current term of office and appointments made after July 1 of the
year in which such modification becomes effective shall be based on
the redrawn districts. Appointments made after July 1 of the year
in which such modification becomes effective shall be from any
redrawn districts which are not represented by a board member until
such time as each of the modified congressional districts are
represented by a board member; provided, the chair shall be
appointed at large without regard to congressional district
representation on the board;
2. All members shall be appointed by the Governor, by and with
the advice and consent of the Senate;
3. a. Each of the members appointed from a congressional
district shall, at the time of appointment, be a
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resident in good faith of the congressional district
from which appointed, and
b. Each of the members appointed from the state at large
shall, at the time of appointment and during the
period of service, be residents in good faith of the
state;
4. Each member shall be of good moral character and, for the
ten-year period immediately preceding appointment, each of the used
motor vehicle dealer representatives shall have been licensed for
and actually engaged in the distribution or sale of used motor
vehicles; each of the dismantler representatives shall have actually
been licensed for and engaged in the principal business of
dismantling or disassembling motor vehicles for the purpose of
selling the parts thereof; and the manufactured housing
representative shall have been licensed for and actually engaged in
the principal business of selling manufactured homes; and
5. Eight members plus the chair shall be engaged in the used
motor vehicle industry or the automotive dismantler industry. There
shall not be fewer than five members engaged in the principal
business of the sale of used motor vehicles and there shall not be
fewer than two members engaged in the principal business of
dismantling or disassembling motor vehicles for the purpose of
selling the parts thereof. One of the at-large members shall be
engaged in the principal business of selling manufactured homes as a
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licensed manufactured home dealer. Being engaged in one or more of
such pursuits shall not disqualify a person otherwise qualified from
serving on the Commission.
B. 1. The term of the chair shall be coterminous with that of
the Governor making the appointment, and until a successor is
appointed and is qualified.
2. The terms of office of each member of the Commission shall
be subject to the following:
a. the Commission shall determine and certify the trade
associations of manufactured home dealers that
represent ten percent (10%) or more of the number of
licensed manufactured home dealers in the state and
shall certify each such association to the Governor.
The Governor shall request a minimum of ten names from
each such association and shall select one member from
the manufactured home industry from the names
provided,
b. each member actively serving July 1, 2000, who was
appointed on or before June 30, 2000, shall remain and
fulfill the term of his or her membership as set forth
at the appointment,
c. except for the chair, the term of office of each
member of the Commission shall be for six (6) years,
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d. except for the chair and the at-large members, the
term of office of any member will automatically expire
if the member moves out of the congressional district
from which appointed; however, if the congressional
districts are modified each member shall complete the
current term of office as provided in this section,
e. in event of death, resignation, or removal of any
person serving on the Commission, the vacancy shall be
filled by appointment as aforesaid for the unexpired
portion of the term, and
f. except for the chair, when the term of a member
automatically expires, the vacancy shall be filled by
appointment of a qualified successor for a term of six
(6) years as aforesaid, except that the member shall
serve until a successor is appointed and qualified.
3. The chair and each member of the Commission shall take and
subscribe to the oath of office required of public officers.
C. The chair and members of the Commission shall receive Thirty
Dollars ($30.00) for each and every day actually and necessarily
spent in attending the meetings of the Commission, and shall be
reimbursed for subsistence and traveling expenses incurred in the
performance of their duties hereunder as provided by the State
Travel Reimbursement Act; provided that such meeting payments shall
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not exceed the sum of Six Hundred Dollars ($600.00) per annum to any
one person.
D. 1. a. The Commission shall appoint a qualified person to
serve as Executive Director who shall have had
sufficient management and organizational experience in
the automotive industry to direct the functions of the
Commission.
b. The Executive Director shall be appointed for a term
of six (6) years, and shall not be subject to
dismissal or removal without cause.
c. The Commission shall fix the salary and define and
prescribe the duties of the Executive Director.
d. The Executive Director shall be in charge of the
Commission’s office, shall devote such time as
necessary to fulfill the duties thereof, and, before
entering upon these duties, shall take and subscribe
to the oath of office.
2. The Commission may employ such clerical, technical, legal,
and other help and incur such expenses as may be necessary for the
proper discharge of its duties under Section 581 et seq. of this
title and Section 2 of this act.
3. The Commission shall maintain its office and transact its
business in Oklahoma City, and is authorized to adopt and use a
seal.
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E. 1. a. The Commission is hereby vested with the powers and
duties necessary and proper to enable it to fully and
effectively carry out the provisions and objectives of
Section 581 et seq. of this title and Section 2 of
this act, and is hereby authorized and empowered,
pursuant to the Administrative Procedures Act, to make
and enforce all reasonable rules and to adopt and
prescribe all forms necessary to accomplish such
purpose.
b. The Commission shall promulgate rules for the
licensing of manufactured home installers and the
installation, which is the blocking, anchoring, and
leveling of mobile and manufactured homes that meet
the standards of the manufacturer’s manual or the
Commission.
c. The Commission shall promulgate rules to prescribe the
contents of manufactured home sales agreements and to
require that each manufactured home manufacturer issue
with each new manufactured home a warranty comparable
to warranties generally in use in the industry
warranting the manufactured home to be free from
material defects.
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d. The enumeration of any power or authority herein shall
not be construed to deny, impair, disparage, or limit
any others necessary to the attainment thereof.
e. A copy of all rules adopted by the Commission shall be
filed and recorded in the Office of the Secretary of
State and the State Librarian and State Archivist, and
same may be amended, modified, or repealed from time
to time.
2. The Commission’s powers and duties shall include, but not be
limited to, the following:
a. to license used motor vehicle dealers, wholesale used
motor vehicle dealers, dismantlers, manufactured home
dealers, manufactured home manufacturers, and
manufactured home installers,
b. to inspect used motor vehicle dealer, dismantler and
manufactured home dealer locations, and manufactured
home manufacturers’ factories or assembly sites to
ensure that they are in an approved location, meet
local zoning or other municipal requirements, and have
sufficient facilities which shall include, but not be
limited to, for retail businesses, a business sign, a
listed and usable telephone number, a restroom, and a
sales office,
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c. to inspect wholesale used motor vehicle dealer
locations to ensure that they are in an approved
location, meet local zoning or other municipal
requirements, and have sufficient facilities which
shall include, but not be limited to, a listed and
usable telephone number in the dealer’s name and a
business office where records of the business are
kept,
d. to require all dealer sales to have a condition of
sale such as a warranty disclaimer, implied or written
warranty, or a service contract approved by the
Commission,
e. to work with consumers and dealers to hear complaints
on used vehicles and manufactured homes, including
installation, and
f. to serve as a dispute resolution panel for binding
arbitration in accordance with Section 1851 et seq. of
Title 12 of the Oklahoma Statutes in contract
controversies between licensed used motor vehicle
dealers, dismantlers, and manufactured housing
dealers, manufactured home dealers, installers, and
manufacturers and their consumers when, by mutual
written agreement executed after the dispute between
the parties has arisen, both parties have agreed to
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use the Commission as their arbitration panel for
contract disputes.
F. 1. All fees and charges collected under the provisions of
Section 581 et seq. of this title and Section 2 of this act shall be
deposited by the Executive Director in the State Treasury in
accordance with the depository laws of this state in a special fund
to be known as the “Oklahoma Used Motor Vehicle, Dismantler, and
Manufactured Housing Commission Fund”, which fund is hereby created.
Except as hereinafter provided, the monies in the fund shall be used
by the Commission for the purpose of carrying out and enforcing the
provisions of Section 581 et seq. of this title and Section 2 of
this act. Expenditures from the fund shall be warrants issued by
the State Treasurer against claims submitted by the Commission to
the Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval.
2. At the close of each fiscal year, the Commission shall file
with the Governor and the State Auditor and Inspector a true and
correct report of all fees and charges collected and received by it
during the preceding fiscal year and shall at the same time pay into
the General Revenue Fund of the state a sum equal to ten percent
(10%) of the gross fees and charges so collected and received.
3. All expenses incurred by the Commission in carrying out the
provisions of Section 581 et seq. of this title and Section 2 of
this act including, but not limited to, per diem, wages, salaries,
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rent, postage, advertising, supplies, bond premiums, travel, and
subsistence for the Commissioners, the Executive Director,
employees, and legal counsel, and printing and utilities, shall be a
proper charge against the fund, exclusive of the portion thereof to
be paid into the General Revenue Fund as above set out; provided,
that in no event shall liability ever accrue hereunder against the
state in any sum whatsoever, or against the Oklahoma Used Motor
Vehicle, Dismantler, and Manufactured Housing Commission Fund, in
excess of the ninety percent (90%) of the fees and charges deposited
therein.
SECTION 233. AMENDATORY 47 O.S. 2021, Section 587, as
amended by Section 6, Chapter 107, O.S.L. 2022 (47 O.S. Supp. 2025,
Section 587), is amended to read as follows:
Section 587. A. There is hereby created a petty cash fund not
to exceed One Hundred Dollars ($100.00) for the Oklahoma Used Motor
Vehicle, Dismantler, and Manufactured Housing Commission, which may
be expended for small authorized expenses of the Commission.
B. The Director Chief Operating Officer of the Office of
Management and Enterprise Services is authorized to prescribe forms,
systems and procedures for its administration. The petty cash fund
may be reimbursed from time to time by the filing of proper claims,
accompanied by valid receipts for expenditures made.
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SECTION 234. AMENDATORY 47 O.S. 2021, Section 759, as
last amended by Section 14, Chapter 330, O.S.L. 2025 (47 O.S. Supp.
2025, Section 759), is amended to read as follows:
Section 759. A. There is hereby re-created, to continue until
July 1, 2026, in accordance with the provisions of the Oklahoma
Sunset Law, the Board of Tests for Alcohol and Drug Influence to be
composed of the following members beginning July 1, 2015:
1. The Dean of the Oklahoma State University College of
Osteopathic Medicine, or a designee;
2. The Dean of the University of Oklahoma College of Medicine,
or a designee;
3. The Commissioner of Public Safety, or a designee;
4. The Director of the Oklahoma State Bureau of Investigation,
or a designee;
5. The State Commissioner of Health, or a designee;
6. The Director of the Council on Law Enforcement Education and
Training, or a designee;
7. One certified peace officer who is a member of a local law
enforcement agency selected by the Oklahoma Sheriffs and Peace
Officers Association; and
8. One person selected by the Oklahoma Association of Chiefs of
Police.
Members shall serve without pay other than reimbursement of
necessary and actual expenses as provided in the State Travel
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Reimbursement Act. Each member shall receive an appointment in
writing which shall become a permanent part of the records of the
Board. The chair and vice-chair shall be elected from the
membership of the Board every two (2) years. The Board is
authorized to appoint a State Director of Tests for Alcohol and Drug
Influence and other employees, including, but not limited to,
persons to conduct training and provide administrative assistance as
necessary for the performance of its functions, subject to available
funding and authorized full-time equivalent employee limitations.
The Board may expend appropriated funds for purposes consistent with
Sections 751 through 761 of this title and Sections 301 through 308
of Title 3 of the Oklahoma Statutes. The Legislature shall
appropriate funds to the Department of Public Safety for the support
of the Board of Tests For Alcohol and Drug Influence and its
employees, if any. Upon the transfer of any employees from the
Alcohol Drug Countermeasures Unit of the Department of Public Safety
to the Board of Tests For Alcohol and Drug Influence on July 1,
2003, all funds of the Unit appropriated and budgeted shall be
transferred to the Board, and may be budgeted and expended to
support the functions and personnel of the Board.
B. The Board is authorized to prescribe uniform standards and
conditions for, and to approve satisfactory methods, procedures,
techniques, devices, equipment and records for, tests and analyses
and to prescribe and approve the requisite education and training
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for the performance of tests or analyses of breath to determine the
breath alcohol concentration. The Board shall establish standards
for and ascertain the qualifications and competence of individuals
to administer tests and analyses of breath to determine the breath
alcohol concentration, and to issue permits to individuals which
shall be subject to suspension or revocation at the discretion of
the Board. The Board is authorized to prescribe uniform standards,
conditions, methods, procedures, techniques, devices, equipment and
records for the collection, handling, retention, storage,
preservation and delivery of specimens of blood, breath, saliva and
urine obtained for the purpose of determining the alcohol
concentration thereof or the presence or concentration of any other
intoxicating substance therein. The Board may take such other
actions as may be reasonably necessary or appropriate to effectuate
the purposes of Sections 751 through 761 of this title and Sections
301 through 308 of Title 3 of the Oklahoma Statutes, and may adopt,
amend and repeal such other rules consistent with this chapter as
the Board shall determine proper. The Board is authorized to
delegate authority granted in this section to the State Director of
Tests as it deems appropriate.
C. The Board shall promulgate rules adopting uniform standards
and conditions and rules approving devices, equipment, methods,
procedures, techniques, and records for screening tests administered
for the purpose of determining the presence or concentration of
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alcohol or any other intoxicating substance in a person's blood,
breath, saliva or urine. Such screening tests shall be performed in
compliance with the rules adopted by the Board of Tests for Alcohol
and Drug Influence. For purposes of this subsection, "screening
test" means the use of devices, equipment, methods, procedures,
techniques and records by law enforcement officers at roadside to
assist in the development of probable cause.
D. The Board may set rules and charge appropriate fees for
operations incidental to its required duties and responsibilities.
E. There is hereby created in the State Treasury a revolving
fund for the Board of Tests for Alcohol and Drug Influence to be
designated the "Board of Tests for Alcohol and Drug Influence
Revolving Fund". The fund shall be a continuing fund, not subject
to fiscal year limitations, and shall consist of monies received
pursuant to the provisions of subsection D of this section and any
funds previously deposited in the Board of Tests for Alcohol and
Drug Influence Revolving Fund. All monies accruing to the credit of
the fund are hereby appropriated and may be budgeted and expended by
the Board of Tests for Alcohol and Drug Influence for operating
expenses of the Board. Expenditures from the funds shall be made
upon warrants issued by the State Treasurer against claims filed as
prescribed by law with the Director Chief Operating Officer of the
Office of Management and Enterprise Services for approval and
payment.
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SECTION 235. AMENDATORY 47 O.S. 2021, Section 1104.3, as
amended by Section 10, Chapter 171, O.S.L. 2025 (47 O.S. Supp. 2025,
Section 1104.3), is amended to read as follows:
Section 1104.3. A. Twenty-four Dollars ($24.00) of the fee
authorized by Section 1135.5 of this title for Agricultural
Awareness license plates shall be deposited by Service Oklahoma to
the Ag in the Classroom Education Revolving Fund created in
subsection B of this section.
B. There is hereby created in the State Treasury a revolving
fund for the State Department of Agriculture to be designated the
“Ag in the Classroom Education Revolving Fund”. The fund shall be a
continuing fund, not subject to fiscal year limitations, and shall
consist of all monies received by the Department pursuant to the
provisions of subsection A of this section. All monies accruing to
the credit of such fund are hereby appropriated and may be budgeted
and expended by the Department for the purpose of Ag in the
Classroom Education Program. Expenditures from the fund shall be
made upon warrants issued by the State Treasurer against claims
filed as prescribed by law with the Director Chief Operating Officer
of the Office of Management and Enterprise Services for approval and
payment.
SECTION 236. AMENDATORY 47 O.S. 2021, Section 1104.4, as
amended by Section 11, Chapter 171, O.S.L. 2025 (47 O.S. Supp. 2025,
Section 1104.4), is amended to read as follows:
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Section 1104.4. A. Twenty Dollars ($20.00) of the fee
authorized by Section 1135.5 of this title for Four-H license plates
shall be deposited by Service Oklahoma in the OSU Extension Service
License Plate Revolving Fund created in subsection B of this
section.
B. There is hereby created in the State Treasury a revolving
fund for Oklahoma State University Extension Service to be
designated the “OSU Extension Service License Plate Revolving Fund”.
The fund shall be a continuing fund, not subject to fiscal year
limitations, and shall consist of all monies received by the
Oklahoma State University Extension Service pursuant to the
provisions of Section 1135.5 of this title. All monies accruing to
the credit of such fund are hereby appropriated and may be budgeted
and expended by the Oklahoma State University Extension Service for
the purpose of expenses related to agricultural programs for youth.
Expenditures from such fund shall be made upon warrants issued by
the State Treasurer against claims filed as prescribed by law with
the Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment.
SECTION 237. AMENDATORY 47 O.S. 2021, Section 1104.5, as
amended by Section 12, Chapter 171, O.S.L. 2025 (47 O.S. Supp. 2025,
Section 1104.5), is amended to read as follows:
Section 1104.5. A. Twenty Dollars ($20.00) of the fee
authorized by Section 1135.5 of this title for Urban Forestry and
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Beautification license plates shall be deposited by Service Oklahoma
to the Urban Forestry and Beautification Revolving Fund created in
subsection B of this section.
B. There is hereby created in the State Treasury a revolving
fund for the Forestry Division of the State Department of
Agriculture to be designated “Urban Forestry and Beautification
Revolving Fund”. The fund shall be a continuing fund, not subject
to fiscal year limitations, and shall consist of all monies received
by the Department pursuant to the provisions of paragraph 1 of
subsection A of this section. All monies accruing to the credit of
the fund are hereby appropriated and may be budgeted and expended by
the Division for the purpose of contracting with or providing grants
to nonprofit organizations that develop and operate programs to
encourage urban forestry and beautification. Such organizations may
apply to the Department for grants to be paid from the fund, or the
Department may solicit bids for contracts for particular services
related to urban forestry and beautification to be paid from the
fund. Expenditures from the fund shall be made upon warrants issued
by the State Treasurer against claims filed as prescribed by law
with the Director Chief Operating Officer of the Office of
Management and Enterprise Services for approval and payment.
SECTION 238. AMENDATORY 47 O.S. 2021, Section 1104.7, as
amended by Section 14, Chapter 171, O.S.L. 2025 (47 O.S. Supp. 2025,
Section 1104.7), is amended to read as follows:
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Section 1104.7. A. Twenty Dollars ($20.00) of the fee
authorized by Section 1135.5 of this title for Future Farmers of
America license plates shall be deposited by Service Oklahoma to the
Oklahoma Department of Career and Technology Education Agriculture
Revolving Fund created in subsection B of this section.
B. There is hereby created in the State Treasury a revolving
fund for the Oklahoma Department of Career and Technology Education
to be designated the “Oklahoma Department of Career and Technology
Education Agriculture Revolving Fund”. The fund shall be a
continuing fund, not subject to fiscal year limitations, and shall
consist of all monies received by the Department pursuant to the
provisions of subsection A of this section. All monies accruing to
the credit of the fund are hereby appropriated and may be budgeted
and expended by the Department for the purpose of funding programs
and services to encourage students to consider agriculture as a
career choice. Expenditures from the fund shall be made upon
warrants issued by the State Treasurer against claims filed as
prescribed by law with the Director Chief Operating Officer of the
Office of Management and Enterprise Services for approval and
payment.
SECTION 239. AMENDATORY 47 O.S. 2021, Section 1104.8, as
amended by Section 15, Chapter 171, O.S.L. 2025 (47 O.S. Supp. 2025,
Section 1104.8), is amended to read as follows:
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Section 1104.8. A. Twenty Dollars ($20.00) of the fee
authorized by Section 1135.5 of this title for Color Oklahoma
license plates shall be deposited by Service Oklahoma to the Color
Oklahoma Revolving Fund created in subsection B of this section.
B. There is hereby created in the State Treasury a revolving
fund for the Oklahoma Native Plant Society to be designated the
“Color Oklahoma Revolving Fund” and administered by the Oklahoma
Department of Tourism and Recreation. The fund shall be a
continuing fund, not subject to fiscal year limitations, and shall
consist of all monies received by the Oklahoma Department of Tourism
and Recreation pursuant to the provisions of subsection A of this
section. All monies accruing to the credit of the fund are hereby
appropriated and may be budgeted and expended by the Oklahoma
Department of Tourism and Recreation pursuant to a contract with the
Oklahoma Native Plant Society for the purpose of preserving and
planting wildflowers and native plants in Oklahoma and promoting
wildflower heritage through education. Expenditures from the fund
shall be made upon warrants issued by the State Treasurer against
claims filed as prescribed by law with the Director Chief Operating
Officer of the Office of Management and Enterprise Services for
approval and payment.
SECTION 240. AMENDATORY 47 O.S. 2021, Section 1104.9, as
amended by Section 16, Chapter 171, O.S.L. 2025 (47 O.S. Supp. 2025,
Section 1104.9), is amended to read as follows:
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Section 1104.9. A. Twenty Dollars ($20.00) of the fee
authorized by Section 1135.5 of this title for Fight Cancer license
plates shall be deposited by Service Oklahoma to the Oklahoma
Central Cancer Registry Revolving Fund created in subsection B of
this section.
B. There is hereby created in the State Treasury a revolving
fund for the State Department of Health to be designated the
“Oklahoma Central Cancer Registry Revolving Fund”. The fund shall
be a continuing fund, not subject to fiscal year limitations, and
shall consist of all monies received by the State Department of
Health pursuant to the provisions of subsection A of this section.
All monies accruing to the credit of the fund are hereby
appropriated and may be budgeted and expended by the State
Department of Health for the implementation of the Oklahoma Central
Cancer Registry. Expenditures from the fund shall be made upon
warrants issued by the State Treasurer against claims filed as
prescribed by law with the Director Chief Operating Officer of the
Office of Management and Enterprise Services for approval and
payment.
SECTION 241. AMENDATORY 47 O.S. 2021, Section 1104.10,
as amended by Section 17, Chapter 171, O.S.L. 2025 (47 O.S. Supp.
2025, Section 1104.10), is amended to read as follows:
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Section 1104.10. A. The fee authorized by Section 1135.5 of
this title shall be deposited by Service Oklahoma to the Animal
Friendly Revolving Fund created in subsection B of this section.
B. There is hereby created in the State Treasury a revolving
fund for the Oklahoma Department of Agriculture, Food, and Forestry
to be designated the “Animal Friendly Revolving Fund”. The fund
shall be a continuing fund, not subject to fiscal year limitations,
and shall consist of all monies received by the Department pursuant
to the provisions of subsection A of this section. All monies
accruing to the credit of the fund are hereby appropriated and may
be budgeted and expended by the Oklahoma Department of Agriculture,
Food, and Forestry for the purpose of contracting with or providing
grants to organizations of veterinary clinics that develop and
operate programs that provide dog or cat spaying and neutering
services and nonprofit organizations that provide shelter to
unwanted stray dogs and cats. Such organizations may apply to the
Department for grants to be paid from the fund. Expenditures from
the fund shall be made upon warrants issued by the State Treasurer
against claims filed as prescribed by law with the Director Chief
Operating Officer of the Office of Management and Enterprise
Services for approval and payment.
SECTION 242. AMENDATORY 47 O.S. 2021, Section 1104.11,
as amended by Section 18, Chapter 171, O.S.L. 2025 (47 O.S. Supp.
2025, Section 1104.11), is amended to read as follows:
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Section 1104.11. A. Twenty Dollars ($20.00) of the fee
authorized by Section 1135.5 of this title for the Patriot License
Plate shall be deposited by Service Oklahoma in the Patriot License
Plate Revolving Fund created in subsection B of this section.
B. There is hereby created in the State Treasury a revolving
fund for the Military Department of Oklahoma to be designated the
“Patriot License Plate Revolving Fund”. The fund shall be a
continuing fund, not subject to fiscal year limitations, and shall
consist of all monies received by the Military Department of
Oklahoma pursuant to the provisions of subsection A of this section.
All monies accruing to the credit of the fund are hereby
appropriated and may be budgeted and expended by the Military
Department of Oklahoma for any deployment-related purpose for
members of the Oklahoma National Guard or the production of
historical documents, displays, videos, and books that capture the
National Guard’s involvement in overseas deployments and domestic
operations within the United States for members of the Oklahoma
National Guard, Oklahoma public school libraries, and civic leaders,
as determined by the Adjutant General. Expenditures from the fund
shall be made upon warrants issued by the State Treasurer against
claims filed as prescribed by law with the Director Chief Operating
Officer of the Office of Management and Enterprise Services for
approval and payment.
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SECTION 243. AMENDATORY 47 O.S. 2021, Section 1104.12,
as amended by Section 19, Chapter 171, O.S.L. 2025 (47 O.S. Supp.
2025, Section 1104.12), is amended to read as follows:
Section 1104.12. A. Twenty Dollars ($20.00) of the fee
authorized by Section 1135.5 of this title for the Oklahoma Quarter
Horse License Plate shall be deposited by Service Oklahoma in the
Oklahoma Quarter Horse Revolving Fund created in subsection B of
this section.
B. There is hereby created in the State Treasury a revolving
fund for the Oklahoma Horse Racing Commission to be designated the
“Oklahoma Quarter Horse Revolving Fund”. The fund shall be a
continuing fund, not subject to fiscal year limitations, and shall
consist of all monies received by the Oklahoma Horse Racing
Commission pursuant to the provisions of subsection A of this
section. All monies accruing to the credit of the fund are hereby
appropriated and may be budgeted and expended by the Oklahoma Horse
Racing Commission for the support of any statewide organization
dedicated to promoting the American Quarter Horse in Oklahoma
through sharing information, events, and activities for the amateur,
youth, and professional horsemen. Expenditures from the fund shall
be made upon warrants issued by the State Treasurer against claims
filed as prescribed by law with the Director Chief Operating Officer
of the Office of Management and Enterprise Services for approval and
payment.
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SECTION 244. AMENDATORY 47 O.S. 2021, Section 1104.13,
as amended by Section 20, Chapter 171, O.S.L. 2025 (47 O.S. Supp.
2025, Section 1104.13), is amended to read as follows:
Section 1104.13. A. Twenty Dollars ($20.00) of the fee
authorized by Section 1135.5 of this title for Oklahoma City Zoo
license plates shall be deposited by Service Oklahoma to the
Oklahoma Zoological Society Revolving Fund created in subsection B
of this section.
B. There is hereby created in the State Treasury a revolving
fund for the Department of Wildlife Conservation to be designated
the “Oklahoma Zoological Society Revolving Fund”. The fund shall be
a continuing fund, not subject to fiscal year limitations, and shall
consist of all monies received by the Department of Wildlife
Conservation pursuant to the provisions of subsection A of this
section. All monies accruing to the credit of the fund are hereby
appropriated and may be budgeted and expended by the Department of
Wildlife Conservation for grants to the Oklahoma Zoological Society
for the purpose of contributing to an understanding and preservation
of the earth’s natural resources through positive recreational and
educational experiences and conducting and participating in
scientifically-based conservation programs that benefit animal and
plant communities. Expenditures from the fund shall be made upon
warrants issued by the State Treasurer against claims filed as
prescribed by law with the Director Chief Operating Officer of the
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Office of Management and Enterprise Services for approval and
payment.
SECTION 245. AMENDATORY 47 O.S. 2021, Section 1104.14,
as amended by Section 21, Chapter 171, O.S.L. 2025 (47 O.S. Supp.
2025, Section 1104.14), is amended to read as follows:
Section 1104.14. A. Twenty Dollars ($20.00) of the fee
authorized by Section 1135.5 of this title for the Oklahoma March of
Dimes license plate shall be deposited by Service Oklahoma to the
Oklahoma Prevent Birth Defects, Premature Birth and Infant Mortality
Fund established in subsection B of this section.
B. There is hereby created in the State Treasury a revolving
fund to be designated the “Oklahoma Prevent Birth Defects, Premature
Birth and Infant Mortality Fund” and administered by the State
Department of Health. The fund shall be a continuing fund, not
subject to fiscal year limitations, and shall consist of all the
monies received by the State Department of Health pursuant to the
provisions of Section 1135.5 of this title. All monies accruing to
the credit of the fund are appropriated and may be budgeted and
expended by the State Department of Health at the beginning of each
fiscal year for the purpose of providing grants to the Oklahoma
Chapter of March of Dimes for purposes of preventing birth defects,
premature birth and infant mortality. Expenditures from the fund
shall be made upon warrants issued by the State Treasurer against
claims filed as prescribed by law with the Director Chief Operating
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Officer of the Office of Management and Enterprise Services for
approval and payment.
SECTION 246. AMENDATORY 47 O.S. 2021, Section 1104.15,
as amended by Section 22, Chapter 171, O.S.L. 2025 (47 O.S. Supp.
2025, Section 1104.15), is amended to read as follows:
Section 1104.15. A. Twenty Dollars ($20.00) of the fee
authorized by Section 1135.5 of this title for the Oklahoma
Association for the Deaf License Plate shall be deposited by Service
Oklahoma in the Oklahoma Association for the Deaf License Plate
Revolving Fund created in subsection B of this section.
B. There is hereby created in the State Treasury a revolving
fund for the Department of Rehabilitation Services to be designated
the “Oklahoma Association for the Deaf License Plate Revolving
Fund”. The fund shall be a continuing fund, not subject to fiscal
year limitations, and shall consist of all monies received by the
Department of Rehabilitation Services pursuant to the provisions of
subsection A of this section. All monies accruing to the credit of
the fund are hereby appropriated and may be budgeted and expended by
the Department of Rehabilitation Services to promote the interests
of the deaf and to advance the social, educational, cultural, and
economic well being of the deaf. Expenditures from the fund shall
be made upon warrants issued by the State Treasurer against claims
filed as prescribed by law with the Director Chief Operating Officer
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of the Office of Management and Enterprise Services for approval and
payment.
SECTION 247. AMENDATORY 47 O.S. 2021, Section 1104.16,
as amended by Section 23, Chapter 171, O.S.L. 2025 (47 O.S. Supp.
2025, Section 1104.16), is amended to read as follows:
Section 1104.16. A. Twenty Dollars ($20.00) of the fee
authorized by Section 1135.5 of this title for Buffalo Soldier
license plates shall be deposited by Service Oklahoma to the Buffalo
Soldier License Plate Revolving Fund created in subsection B of this
section.
B. There is hereby created in the State Treasury a revolving
fund for the Oklahoma Department of Veterans Affairs to be
designated the “Buffalo Soldier License Plate Revolving Fund”. The
fund shall be a continuing fund, not subject to fiscal year
limitations, and shall consist of all monies received by the
Oklahoma Department of Veterans Affairs pursuant to subsection A of
this section. All monies accruing to the credit of such fund are
hereby appropriated and may be budgeted and expended by the Oklahoma
Department of Veterans Affairs for the purpose of providing grants
to nonprofit organizations exempt from taxation pursuant to the
provisions of the Internal Revenue Code, 26 U.S.C., Section
501(c)(3), whose primary purpose is to establish and maintain a
plaza in this state as a lasting tribute and memorial to the
African-American members of the 9th and 10th Horse Cavalry and to
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interface with regional museums and sites to gather and share
historical and artistic data to honor those soldiers. Expenditures
from such fund shall be made upon warrants issued by the State
Treasurer against claims filed as prescribed by law with the
Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment.
SECTION 248. AMENDATORY 47 O.S. 2021, Section 1104.17,
as amended by Section 24, Chapter 171, O.S.L. 2025 (47 O.S. Supp.
2025, Section 1104.17), is amended to read as follows:
Section 1104.17. A. Twenty Dollars ($20.00) of the fee
authorized by Section 1135.5 of this title for Prevent Blindness
Oklahoma license plates shall be deposited by Service Oklahoma to
the Prevent Blindness Oklahoma License Plate Revolving Fund created
in subsection B of this section.
B. There is hereby created in the State Treasury a revolving
fund for the State Department of Health to be designated the
“Prevent Blindness Oklahoma License Plate Revolving Fund”. The fund
shall be a continuing fund, not subject to fiscal year limitations,
and shall consist of all monies received by the State Department of
Health pursuant to subsection A of this section. All monies
accruing to the credit of such fund are hereby appropriated and may
be budgeted and expended by the State Department of Health for the
purpose of providing grants to nonprofit organizations exempt from
taxation pursuant to the provisions of the Internal Revenue Code, 26
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U.S.C., Section 501(c)(3), whose primary purpose is providing vision
screenings to school age children in all seventy-seven counties in
this state. Expenditures from such fund shall be made upon warrants
issued by the State Treasurer against claims filed as prescribed by
law with the Director Chief Operating Officer of the Office of
Management and Enterprise Services for approval and payment.
SECTION 249. AMENDATORY 47 O.S. 2021, Section 1104.18,
as amended by Section 25, Chapter 171, O.S.L. 2025 (47 O.S. Supp.
2025, Section 1104.18), is amended to read as follows:
Section 1104.18. A. Twenty Dollars ($20.00) of the fee
authorized by Section 1135.5 of this title for the Oklahoma State
Capitol Restoration License Plate shall be deposited by Service
Oklahoma in the Oklahoma Friends of the Capitol License Plate
Revolving Fund created in subsection B of this section.
B. There is hereby created in the State Treasury a revolving
fund for the Office of Management and Enterprise Services to be
designated the “Oklahoma Friends of the Capitol License Plate
Revolving Fund”. The fund shall be a continuing fund, not subject
to fiscal year limitations, and shall consist of all monies received
by the Office of Management and Enterprise Services pursuant to the
provisions of subsection A of this section. All monies accruing to
the credit of the fund are hereby appropriated and shall be budgeted
and expended by the Office of Management and Enterprise Services for
restoration of the Oklahoma State Capitol. Before the Office makes
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any expenditure from the fund, the expenditure shall be approved by
the State Capitol Preservation Commission created pursuant to
Section 4102 of Title 74 of the Oklahoma Statutes. Expenditures
from the fund shall be made upon warrants issued by the State
Treasurer against claims filed as prescribed by law with the
Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment.
SECTION 250. AMENDATORY 47 O.S. 2021, Section 1104.19,
as amended by Section 26, Chapter 171, O.S.L. 2025 (47 O.S. Supp.
2025, Section 1104.19), is amended to read as follows:
Section 1104.19. A. Twenty Dollars ($20.00) of the fee
authorized by paragraph 47 of subsection B of Section 1135.5 of this
title for pancreatic cancer research license plates shall be
deposited by Service Oklahoma to the Pancreatic Cancer Research
License Plate Revolving Fund created in subsection B of this
section.
B. There is hereby created in the State Treasury a revolving
fund for the State Department of Health to be designated the
“Pancreatic Cancer Research License Plate Revolving Fund”. The fund
shall be a continuing fund, not subject to fiscal year limitations,
and shall consist of all monies received by the State Department of
Health pursuant to subsection A of this section. All monies
accruing to the credit of such fund are hereby appropriated and may
be budgeted and expended by the State Department of Health to
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provide grants to the University of Oklahoma Foundation, Pancreatic
Cancer Research Fund for the purpose of funding research into early
detection and treating and curing of pancreatic cancer in this
state. Expenditures from such fund shall be made upon warrants
issued by the State Treasurer against claims filed as prescribed by
law with the Director Chief Operating Officer of the Office of
Management and Enterprise Services for approval and payment.
C. The Oklahoma Legislature hereby finds that the University of
Oklahoma Foundation, Pancreatic Cancer Research Fund provides an
important service to the inhabitants of this state as a community
and further finds that the services performed by the University of
Oklahoma Foundation, Pancreatic Cancer Research Fund are adequate
consideration for the funds received pursuant to this section.
SECTION 251. AMENDATORY 47 O.S. 2021, Section 1104.20,
as amended by Section 27, Chapter 171, O.S.L. 2025 (47 O.S. Supp.
2025, Section 1104.20), is amended to read as follows:
Section 1104.20. A. Twenty Dollars ($20.00) of the fee
authorized by Section 1135.5 of this title for Alzheimer’s Research
license plates shall be deposited by Service Oklahoma to the
Alzheimer’s Research License Plate Revolving Fund created in
subsection B of this section.
B. There is hereby created in the State Treasury a revolving
fund for the State Department of Health to be designated the
“Alzheimer’s Research License Plate Revolving Fund”. The fund shall
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be a continuing fund, not subject to fiscal year limitations, and
shall consist of all monies received by the State Department of
Health pursuant to subsection A of this section. All monies
accruing to the credit of such fund are hereby appropriated and may
be budgeted and expended by the State Department of Health for the
purpose of providing grants to the Oklahoma Chapter of the
Alzheimer’s Association for purposes of eliminating Alzheimer’s
disease through the advancement of research, to provide and enhance
care and support those with Alzheimer’s and to reduce the risk of
dementia through the promotion of brain health. Expenditures from
such fund shall be made upon warrants issued by the State Treasurer
against claims filed as prescribed by law with the Director Chief
Operating Officer of the Office of Management and Enterprise
Services for approval and payment.
C. The Oklahoma Legislature hereby finds that the Alzheimer’s
Association provides an important service to the inhabitants of this
state as a community and further finds that the services performed
by the Alzheimer’s Association are adequate consideration for the
funds received pursuant to this section.
SECTION 252. AMENDATORY 47 O.S. 2021, Section 1104.21,
as amended by Section 28, Chapter 171, O.S.L. 2025 (47 O.S. Supp.
2025, Section 1104.21), is amended to read as follows:
Section 1104.21. A. Twenty Dollars ($20.00) of the fee
authorized by Section 1135.5 of this title for Hospice and
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Palliative Care license plates shall be deposited by Service
Oklahoma to the Hospice and Palliative Care License Plate Revolving
Fund created in subsection B of this section.
B. There is hereby created in the State Treasury a revolving
fund for the State Department of Health to be designated the
“Hospice and Palliative Care License Plate Revolving Fund”. The
fund shall be a continuing fund, not subject to fiscal year
limitations, and shall consist of all monies received by the State
Department of Health pursuant to subsection A of this section. All
monies accruing to the credit of such fund are hereby appropriated
and may be budgeted and expended by the State Department of Health
for the purpose of providing grants to the Oklahoma Hospice and
Palliative Care Association for the purposes of leading the efforts
to unify Oklahoma hospices with the resources and information that
will promote each hospice to provide quality hospice care to their
community. Expenditures from such fund shall be made upon warrants
issued by the State Treasurer against claims filed as prescribed by
law with the Director Chief Operating Officer of the Office of
Management and Enterprise Services for approval and payment.
C. The Oklahoma Legislature hereby finds that the Oklahoma
Hospice and Palliative Care Association provides an important
service to the inhabitants of this state as a community and further
finds that the services performed by the Oklahoma Hospice and
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Palliative Care Association are adequate consideration for the funds
received pursuant to this section.
SECTION 253. AMENDATORY 47 O.S. 2021, Section 1104.22,
as amended by Section 29, Chapter 171, O.S.L. 2025 (47 O.S. Supp.
2025, Section 1104.22), is amended to read as follows:
Section 1104.22. A. Twenty Dollars ($20.00) of the fee
authorized by Section 1135.5 of this title for Juvenile Diabetes
Research license plates shall be deposited by Service Oklahoma to
the Juvenile Diabetes Research License Plate Revolving Fund created
in subsection B of this section.
B. There is hereby created in the State Treasury a revolving
fund for the State Department of Health to be designated the
“Juvenile Diabetes Research License Plate Revolving Fund”. The fund
shall be a continuing fund, not subject to fiscal year limitations,
and shall consist of all monies received by the State Department of
Health pursuant to subsection A of this section. All monies
accruing to the credit of such fund are hereby appropriated and may
be budgeted and expended by the State Department of Health for the
purpose of providing grants to the Oklahoma Chapters of the Juvenile
Diabetes Research Foundation for purposes of finding a cure for type
1 diabetes and its complications through the support of research and
working to develop new and better treatments to improve the lives of
people who have type 1 diabetes and keep them as healthy as
possible. Expenditures from such fund shall be made upon warrants
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issued by the State Treasurer against claims filed as prescribed by
law with the Director Chief Operating Officer of the Office of
Management and Enterprise Services for approval and payment.
C. The Oklahoma Legislature hereby finds that the Juvenile
Diabetes Research Foundation provides an important service to the
inhabitants of this state as a community and further finds that the
services performed by the Juvenile Diabetes Research Foundation are
adequate consideration for the funds received pursuant to this
section.
SECTION 254. AMENDATORY 47 O.S. 2021, Section 1104.23,
as amended by Section 30, Chapter 171, O.S.L. 2025 (47 O.S. Supp.
2025, Section 1104.23), is amended to read as follows:
Section 1104.23. A. Twenty Dollars ($20.00) of the fee
authorized by Section 1135.5 of Title 47 of the Oklahoma Statutes
for Deer Creek Schools Foundation license plates shall be deposited
by Service Oklahoma to the Deer Creek Schools Foundation License
Plate Revolving Fund created in subsection B of this section.
B. There is hereby created in the State Treasury a revolving
fund for the State Department of Education to be designated the
“Deer Creek Schools Foundation License Plate Revolving Fund”. The
fund shall be a continuing fund, not subject to fiscal year
limitations, and shall consist of all monies received by the State
Department of Education pursuant to subsection A of this section.
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All monies accruing to the credit of such fund are hereby
appropriated and may be budgeted and expended by the State
Department of Education for the purpose of providing grants to the
Deer Creek Schools Foundation for purposes of promoting and funding
the academic and artistic achievement of all students and teachers
of Deer Creek Public Schools. Expenditures from such fund shall be
made upon warrants issued by the State Treasurer against claims
filed as prescribed by law with the Director Chief Operating Officer
of the Office of Management and Enterprise Services for approval and
payment.
C. The Oklahoma Legislature hereby finds that the Deer Creek
Schools Foundation provides an important service to the inhabitants
of this state as a community and further finds that the services
performed by the Deer Creek Schools Foundation are adequate
consideration for the funds received pursuant to this section.
SECTION 255. AMENDATORY 47 O.S. 2021, Section 1104.24,
as amended by Section 31, Chapter 171, O.S.L. 2025 (47 O.S. Supp.
2025, Section 1104.24), is amended to read as follows:
Section 1104.24. A. Twenty-five Dollars ($25.00) of the fee
authorized by Section 1135.5 of this title for Lupus Awareness and
Education license plates shall be deposited by Service Oklahoma to
the Oklahoma Lupus License Plate Revolving Fund created in
subsection B of this section.
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B. There is hereby created in the State Treasury a revolving
fund to be designated the “Oklahoma Lupus License Plate Revolving
Fund” and administered by the State Department of Health. The fund
shall be a continuing fund, not subject to fiscal year limitations,
and shall consist of all monies received by the State Department of
Health pursuant to the provisions of subsection A of this section.
All monies accruing to the credit of such fund are hereby
appropriated and shall be budgeted and expended by the State
Department of Health for the purpose of providing grants to the
Lupus Foundation of Oklahoma for the purpose of lupus awareness,
education, outreach, referral, research or treatment in this state.
Expenditures from the fund shall be made upon warrants issued by the
State Treasurer against claims filed as prescribed by law with the
Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment.
C. The Oklahoma Legislature hereby finds that the Lupus
Foundation of Oklahoma provides an important service to the
inhabitants of this state as a community and further finds that the
services performed by the Lupus Foundation of Oklahoma are adequate
consideration for the funds received pursuant to this section.
SECTION 256. AMENDATORY 47 O.S. 2021, Section 1104.25,
as amended by Section 32, Chapter 171, O.S.L. 2025 (47 O.S. Supp.
2025, Section 1104.25), is amended to read as follows:
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Section 1104.25. A. Twenty Dollars ($20.00) of the fee
authorized by paragraph 51 of subsection B of Section 1135.5 of
Title 47 of the Oklahoma Statutes for Chiefs of Police license
plates shall be deposited by Service Oklahoma to the Oklahoma
Association of Chiefs of Police License Plate Revolving Fund created
in subsection B of this section.
B. There is hereby created in the State Treasury a revolving
fund for the State Department of Public Safety to be designated the
“Oklahoma Association of Chiefs of Police License Plate Revolving
Fund”. The fund shall be a continuing fund, not subject to fiscal
year limitations, and shall consist of all monies received by the
State Department of Public Safety pursuant to subsection A of this
section. All monies accruing to the credit of the fund are hereby
appropriated and may be budgeted and expended by the State
Department of Public Safety to assist with funding for training and
education for law enforcement agencies throughout the state.
Expenditures from the fund shall be made upon warrants issued by the
State Treasurer against claims filed as prescribed by law with the
Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment.
SECTION 257. AMENDATORY 47 O.S. 2021, Section 1104.26,
as amended by Section 33, Chapter 171, O.S.L. 2025 (47 O.S. Supp.
2025, Section 1104.26), is amended to read as follows:
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Section 1104.26. A. Twenty Dollars ($20.00) of the fee
authorized by Section 1135.5 of Title 47 of the Oklahoma Statutes
for Oklahoma Nurses license plates shall be deposited by Service
Oklahoma to the Oklahoma Nurses License Plate Revolving Fund created
in subsection B of this section.
B. There is hereby created in the State Treasury a revolving
fund for the Oklahoma Board of Nursing to be designated the
“Oklahoma Nurses License Plate Revolving Fund”. The fund shall
consist of all monies received by the Oklahoma Board of Nursing
pursuant to subsection A of this section. All monies accruing to
the credit of such fund are hereby appropriated and may be budgeted
and expended by the Oklahoma Board of Nursing for the purpose of
providing grants to the Oklahoma Nurses Foundation to fulfill its
mission. Expenditures from such fund shall be made upon warrants
issued by the State Treasurer against claims filed as prescribed by
law with the Director Chief Operating Officer of the Office of
Management and Enterprise Services for approval and payment.
SECTION 258. AMENDATORY 47 O.S. 2021, Section 1104.27,
as amended by Section 34, Chapter 171, O.S.L. 2025 (47 O.S. Supp.
2025, Section 1104.27), is amended to read as follows:
Section 1104.27. A. Twenty Dollars ($20.00) of the fee
authorized by Section 1135.5 of Title 47 of the Oklahoma Statutes
for Remembering Fallen Heroes license plates shall be deposited by
Service Oklahoma to the Oklahoma Concerns of Police Survivors
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License Plate Revolving Fund created in subsection B of this
section.
B. There is hereby created in the State Treasury a revolving
fund for the Oklahoma Department of Public Safety to be designated
the “Oklahoma Concerns of Police Survivors License Plate Revolving
Fund”. The fund shall consist of all monies received pursuant to
subsection A of this section. All monies accruing to the credit of
such fund are hereby appropriated and may be budgeted and expended
by the Oklahoma Department of Public Safety for the purpose of
providing programs and services to surviving families of Oklahoma’s
fallen law enforcement officers. Expenditures from such fund shall
be made upon warrants issued by the State Treasurer against claims
filed as prescribed by law with the Director Chief Operating Officer
of the Office of Management and Enterprise Services for approval and
payment.
SECTION 259. AMENDATORY 47 O.S. 2021, Section 1104.28,
as amended by Section 35, Chapter 171, O.S.L. 2025 (47 O.S. Supp.
2025, Section 1104.28), is amended to read as follows:
Section 1104.28. A. Twenty Dollars ($20.00) of the fee
authorized by Section 1135.5 of Title 47 of the Oklahoma Statutes
for Piedmont Education Foundation license plates shall be deposited
by Service Oklahoma to the Piedmont Public Schools Education
Foundation License Plate Revolving Fund created in subsection B of
this section.
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B. There is hereby created in the State Treasury a revolving
fund for the State Department of Education to be designated the
“Piedmont Public Schools Education Foundation License Plate
Revolving Fund”. The fund shall consist of all monies received
pursuant to subsection A of this section. All monies accruing to
the credit of the fund are hereby appropriated and may be budgeted
and expended by the State Department of Education for grants to the
Piedmont Public Schools Education Foundation to fund scholarships
and teacher grants to Piedmont School District’s students and
teachers. Expenditures from the fund shall be made upon warrants
issued by the State Treasurer against claims filed as prescribed by
law with the Director Chief Operating Officer of the Office of
Management and Enterprise Services for approval and payment.
SECTION 260. AMENDATORY 47 O.S. 2021, Section 1104.29,
as amended by Section 36, Chapter 171, O.S.L. 2025 (47 O.S. Supp.
2025, Section 1104.29), is amended to read as follows:
Section 1104.29. A. Twenty Dollars ($20.00) of the fee
authorized by Section 1135.5 of Title 47 of the Oklahoma Statutes
for the Prisoner of War and Missing in Action License Plate shall be
deposited by Service Oklahoma in the Prisoner of War and Missing in
Action License Plate Revolving Fund created in subsection B of this
section.
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B. There is hereby created in the State Treasury a revolving
fund for the Oklahoma Department of Veterans Affairs to be
designated the “Prisoner of War and Missing in Action License Plate
Revolving Fund”. The fund shall be a continuing fund, not subject
to fiscal year limitations, and shall consist of all monies received
by the Department pursuant to the provisions of subsection A of this
section. All monies accruing to the credit of the fund are hereby
appropriated and may be budgeted and expended by the Department for
any purpose related to Oklahoma residents who are American veterans.
Expenditures from the fund shall be made upon warrants issued by the
State Treasurer against claims filed as prescribed by law with the
Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment.
SECTION 261. AMENDATORY 47 O.S. 2021, Section 1104.30,
as amended by Section 37, Chapter 171, O.S.L. 2025 (47 O.S. Supp.
2025, Section 1104.30), is amended to read as follows:
Section 1104.30. A. Twenty Dollars ($20.00) of the fee
authorized by Section 1135.5 of Title 47 of the Oklahoma Statutes
for the Down Syndrome Association of Central Oklahoma license plates
shall be deposited by Service Oklahoma to the Down Syndrome
Association of Central Oklahoma License Plate Revolving Fund created
in subsection B of this section.
B. There is hereby created in the State Treasury a revolving
fund for the State Department of Human Services to be designated the
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“Down Syndrome Association of Central Oklahoma License Plate
Revolving Fund”. The fund shall consist of all monies received
pursuant to subsection A of this section. All monies accruing to
the credit of the fund are hereby appropriated and may be budgeted
and expended by the State Department of Human Services for grants to
the Down Syndrome Association of Central Oklahoma to raise awareness
and provide resources, as well as promote acceptance and inclusion
for people with Down Syndrome. Expenditures from the fund shall be
made upon warrants issued by the State Treasurer against claims
filed as prescribed by law with the Director Chief Operating Officer
of the Office of Management and Enterprise Services for approval and
payment.
SECTION 262. AMENDATORY 47 O.S. 2021, Section 1104.31,
as amended by Section 38, Chapter 171, O.S.L. 2025 (47 O.S. Supp.
2025, Section 1104.31), is amended to read as follows:
Section 1104.31. A. Twenty Dollars ($20.00) of the fee
authorized by Section 1135.5 of Title 47 of the Oklahoma Statutes
for the Elk City Education Foundation plates shall be deposited by
Service Oklahoma to the Elk City Education Foundation License Plate
Revolving Fund created in subsection B of this section.
B. There is hereby created in the State Treasury a revolving
fund for the State Department of Education to be designated the “Elk
City Education Foundation License Plate Revolving Fund”. The fund
shall consist of all monies received pursuant to subsection A of
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this section. All monies accruing to the credit of the fund are
hereby appropriated and may be budgeted and expended by the State
Department of Education for grants to the Elk City Education
Foundation to fund scholarships and teacher grants to Elk City
School District’s students and teachers. Expenditures from the fund
shall be made upon warrants issued by the State Treasurer against
claims filed as prescribed by law with the Director Chief Operating
Officer of the Office of Management and Enterprise Services for
approval and payment.
SECTION 263. AMENDATORY 47 O.S. 2021, Section 1104.32,
as amended by Section 39, Chapter 171, O.S.L. 2025 (47 O.S. Supp.
2025, Section 1104.32), is amended to read as follows:
Section 1104.32. A. Twenty Dollars ($20.00) of the fee
authorized by Section 1135.5 of Title 47 of the Oklahoma Statutes
for the Extraordinary Educators License Plate shall be deposited by
Service Oklahoma in the Extraordinary Educators License Plate
Revolving Fund created in subsection B of this section.
B. There is hereby created in the State Treasury a revolving
fund for the State Department of Education to be designated the
“Extraordinary Educators License Plate Revolving Fund”. The fund
shall be a continuing fund, not subject to fiscal year limitations,
and shall consist of all monies received by the Department pursuant
to the provisions of subsection A of this section. All monies
accruing to the credit of the fund are hereby appropriated and may
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be budgeted and expended by the Department for the purpose of
providing grants to school superintendents for distribution to
educators who propose extraordinary activities, projects or lessons
for students from kindergarten through eighth grade. Expenditures
from the fund shall be made upon warrants issued by the State
Treasurer against claims filed as prescribed by law with the
Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment.
SECTION 264. AMENDATORY Section 1, Chapter 397, O.S.L.
2022, as amended by Section 40, Chapter 171, O.S.L. 2025 (47 O.S.
Supp. 2025, Section 1104.33), is amended to read as follows:
Section 1104.33. A. Twenty Dollars ($20.00) of the fee
authorized by Section 1135.5 of Title 47 of the Oklahoma Statutes
for the Diabetes Awareness license plates shall be deposited by
Service Oklahoma to the Diabetes Awareness License Plate Revolving
Fund created in subsection B of this section.
B. There is hereby created in the State Treasury a revolving
fund for the State Department of Health to be designated the
“Diabetes Awareness License Plate Revolving Fund”. The fund shall
consist of all monies received pursuant to subsection A of this
section. All monies accruing to the credit of the fund are hereby
appropriated and may be budgeted and expended by the State
Department of Health for grants to Diabetes Solutions of Oklahoma to
raise awareness and provide resources, as well as promote acceptance
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and inclusion for people with diabetes. Expenditures from the fund
shall be made upon warrants issued by the State Treasurer against
claims filed as prescribed by law with the Director Chief Operating
Officer of the Office of Management and Enterprise Services for
approval and payment.
SECTION 265. AMENDATORY 47 O.S. 2021, Section 1132.2, is
amended to read as follows:
Section 1132.2. There is hereby created in the State Treasury a
revolving fund for the State Board of Education to be designated the
"Motor Vehicle Driver Education Revolving Fund". The fund shall be
a continuing fund, not subject to fiscal year limitations, and shall
consist of all monies apportioned to the fund pursuant to the
provisions of Section 1132.1 of this title. All monies accruing to
the credit of the fund are hereby appropriated and may be budgeted
and expended by the State Board of Education to assist in defraying
the cost of motor vehicle driver education. Expenditures from the
fund shall be made upon warrants issued by the State Treasurer
against claims filed as prescribed by law with the Director Chief
Operating Officer of the Office of Management and Enterprise
Services for approval and payment.
SECTION 266. AMENDATORY 47 O.S. 2021, Section 1167, as last
amended by Section 57, Chapter 171, O.S.L. 2025 (47 O.S. Supp. 2025,
Section 1167), is amended to read as follows:
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Section 1167. A. The Corporation Commission is hereby
authorized to promulgate rules pursuant to the Administrative
Procedures Act to establish the amounts of fees, fines and penalties
as set forth in Section 1166 et seq. of this title. The Corporation
Commission shall notify all interested parties of any proposed rules
to be promulgated as provided herein and shall provide such parties
an opportunity to be heard prior to promulgation.
B. The Corporation Commission shall adjudicate enforcement
actions initiated by Corporation Commission personnel.
C. Revenue derived from all fines and penalties collected or
received by the Corporation Commission pursuant to the provisions of
the Trucking One-Stop Shop Act shall be apportioned as follows:
1. For the period beginning August 23, 2013, the first Three
Hundred Thousand Dollars ($300,000.00) collected or received each
fiscal year shall be remitted to the Department of Public Safety for
the purpose of staffing the port of entry weigh stations to conduct
safety inspections. The next Five Hundred Fifty Thousand Dollars
($550,000.00) shall be remitted to Service Oklahoma and apportioned
as provided in Section 1104 of this title; and
2. The remaining amount shall be deposited to the Trucking One-
Stop Shop Fund created in subsection D of this section.
D. There is hereby created in the State Treasury a revolving
fund for the Corporation Commission to be known and designated as
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the “Trucking One-Stop Shop Fund”. The Trucking One-Stop Shop Fund
shall consist of:
1. All funds apportioned thereto in subsection C of this
section;
2. Fees collected by the Commission to be retained as a
licensed operator or other Corporation Commission registration or
motor fuel fees as allowed by statute or rule; and
3. Any other monies to be utilized for the Trucking One-Stop
Shop Act.
The fund shall be a continuing fund, not subject to fiscal year
limitations, and shall not be subject to legislative appropriation.
Monies in the Trucking One-Stop Shop Fund shall only be expended for
direct expenses relating to the Trucking One-Stop Shop Act.
Expenditures from the revolving fund shall be made pursuant to the
laws of this state. In addition, expenditures from the revolving
fund may be made pursuant to the Oklahoma Central Purchasing Act for
the purpose of immediately responding to emergency situations,
within the Commission’s jurisdiction, having potentially critical
environmental or public safety impact. Warrants for expenditures
from the fund shall be drawn by the State Treasurer against claims
filed as prescribed by law with the Director Chief Operating Officer
of the Office of Management and Enterprise Services for approval and
payment.
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E. There is hereby created in the State Treasury a revolving
fund for the Department of Transportation to be designated the
“Weigh Station Improvement Revolving Fund”. The fund shall be a
continuing fund, not subject to fiscal year limitations, and shall
consist of all monies deposited thereto. All monies accruing to the
credit of the fund are hereby appropriated and may be budgeted and
expended by the Department for the purpose of constructing,
equipping and maintaining facilities to determine the weight of
vehicles traveling on the roads and highways of this state.
Expenditures from the fund shall be made upon warrants issued by the
State Treasurer against claims filed as prescribed by law with the
Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment.
SECTION 267. AMENDATORY 47 O.S. 2021, Section 1168, is
amended to read as follows:
Section 1168. All facilities and equipment under the
administrative control of the Oklahoma Tax Commission and used for
determining the weight of vehicles operated on the roads or highways
of this state are hereby transferred to the Department of
Transportation. Any funds appropriated to or any powers, duties and
responsibilities exercised by the Tax Commission for such purpose
shall be transferred to the Department. The Director Chief
Operating Officer of the Office of Management and Enterprise
Services is hereby authorized to transfer such funds as may be
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necessary. The Department is hereby authorized to enter into an
agreement with the Corporation Commission to operate such facilities
or equipment. The provisions of this section shall not be construed
to obligate the Department to incur expenses in connection with the
administration of such facilities and equipment in an amount which
exceeds deposits to the Weigh Station Improvement Revolving Fund.
SECTION 268. AMENDATORY 51 O.S. 2021, Section 159, is
amended to read as follows:
Section 159. A. Judgments recovered against the state or
political subdivisions under the provisions of this act shall be
enforced in the same manner and to the same extent as judgments are
now enforced against the state or political subdivisions under the
law except as herein provided.
B. If the judgment is obtained against the state or a political
subdivision that has procured a contract or policy of liability or
indemnity insurance protection, the holder of the judgment may use
the methods of collecting the judgment which are provided by the
policy or contract or law to the extent of the limits of coverage
provided.
C. For the payment of any judgment obtained under the
provisions of this act against a political subdivision that is a
self-insurer or not fully covered by liability insurance, the manner
of paying a money judgment shall be as follows. Proof of
indebtedness, as required in Sections 362 through 364 of Title 62 of
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the Oklahoma Statutes and evidence of any estimated tax levy or
increases necessary to reimburse the sinking fund for the purposes
of the judgment as provided in Section 431 of Title 62 of the
Oklahoma Statutes, and other evidence or statements which the court
may require, shall be made to the court before final judgment is
rendered. As an alternative to paying the money judgment out of the
sinking fund at the rate of one-third (1/3) each year, the court,
based on consideration of evidence and proof, may provide for the
judgment to be paid over a period of not less than one (1) nor more
than ten (10) years. The interest rate on any judgment when payment
is extended more than three (3) years shall be at the rate
prescribed by law for the first three (3) years and at the rate of
six percent (6%) for each remaining year.
D. Money judgments against the state not payable by insurance
shall be paid in the following manner. An agency whose act or
omission gave rise to the judgment may, at its discretion and upon
approval of the Director Chief Operating Officer of the Office of
Management and Enterprise Services, pay a judgment or any portion
thereof from any funds available to it. Provided, however, no
agency shall be required to pay a judgment prior to the fiscal year
next following the fiscal year in which the judgment is obtained.
Any such judgment may be paid at a rate of one-third (1/3) per
fiscal year from funds available for operation of the agency.
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E. Nothing in this act shall be interpreted as allowing liens
on public property.
SECTION 269. AMENDATORY 52 O.S. 2021, Section 288.5B, is
amended to read as follows:
Section 288.5B. There is hereby created in the State Treasury a
revolving fund for the Committee for Sustaining Oklahoma's Energy
Resources to be designated the "Sustaining Oklahoma's Energy
Resources Revolving Fund". The fund shall be a continuing fund, not
subject to fiscal year limitations, and shall consist of all monies
transferred to the Committee for Sustaining Oklahoma's Energy
Resources to further the purposes of this act from any public
appropriations and donations, grants, contributions or gifts from
any public or private source. All monies accruing to the credit of
the fund are hereby appropriated and may be budgeted and expended by
the Committee for Sustaining Oklahoma's Energy Resources for the
purpose of encouraging and funding research and development of new
technologies in the oil and natural gas industry and funding
activities to support marginally producing oil and gas wells.
Expenditures from the fund shall be made upon warrants issued by the
State Treasurer against claims filed as prescribed by law with the
Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment.
SECTION 270. AMENDATORY 52 O.S. 2021, Section 288.7, is
amended to read as follows:
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Section 288.7. A. There is hereby created in the State
Treasury a revolving fund for the Oklahoma Energy Resources Board to
be designated the "Energy Resources Revolving Fund". The fund shall
be a continuing fund, not subject to fiscal year limitations and
shall consist of all monies received by the Oklahoma Energy
Resources Board from assessments received and collected pursuant to
Section 288.8A of this title, donations, grants, contributions and
gifts from any public or private source. The Board may expend funds
as provided for by law. Expenditures from said fund shall be made
upon warrants issued by the State Treasurer against claims filed as
prescribed by law with the Director Chief Operating Officer of the
Office of Management and Enterprise Services for approval and
payment.
B. Of the monies collected and not refunded pursuant to
Sections 288.8A and 288.9A of this title, a minimum of fifty percent
(50%) of said monies collected, including a prorated share of
administrative costs incurred from the effective date of this act,
and not subsequently refunded, shall be expended on environmental
cleanup and remediation projects related to oil and gas pollution
authorized by the Board from a priority list of projects submitted
by the Corporation Commission or, only in the absence of Corporation
Commission jurisdiction, projects submitted by other appropriate
state agencies.
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C. None of the monies collected and not refunded pursuant to
Sections 288.8A and 288.9A of this title shall be used for travel
expenses of any member of the Oklahoma Legislature.
SECTION 271. AMENDATORY 52 O.S. 2021, Section 420.11, is
amended to read as follows:
Section 420.11. A. All funds and fees, from whatsoever source
derived, collected by the Administrator under the provisions of
Section 420.1 et seq. of this title, shall be deposited into the
Liquefied Petroleum Gas Fund, created in this section. Effective
July 1, 2004, and for each fiscal year thereafter, the Administrator
shall deposit ten percent (10%) of the total amount collected from
fees and funds by the Administrator to the credit of the General
Revenue Fund of the State Treasury. The Administrator and the Board
are hereby vested and empowered with the authority to make any and
all necessary expenditures from the fund that in their judgment are
reasonable and required to effectuate the purposes of this act. The
Administrator shall annually file with the Governor a report of all
activities of the fund, which shall include a statement of all
receipts and disbursements.
B. There is hereby created in the State Treasury a revolving
fund for the Oklahoma Liquefied Petroleum Gas Board to be designated
the Liquefied Petroleum Gas Fund. All monies accruing to the credit
of the fund are hereby appropriated and may be budgeted and expended
by the Oklahoma Liquefied Petroleum Gas Board as provided for in
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this section. Expenditures from the fund shall be made upon
warrants issued by the State Treasurer against claims filed as
prescribed by law with the Director Chief Operating Officer of the
Office of Management and Enterprise Services for approval and
payment.
C. Section 211 of Title 62 of the Oklahoma Statutes shall not
apply to the funds and fees collected by the Liquefied Petroleum Gas
Board.
SECTION 272. AMENDATORY 52 O.S. 2021, Section 420.26, is
amended to read as follows:
Section 420.26. There is hereby created in the State Treasury a
revolving fund for the Oklahoma Liquefied Petroleum Gas Research,
Marketing and Safety Commission to be designated the "LP Gas
Research, Marketing and Safety Revolving Fund". The fund shall be a
continuing fund, not subject to fiscal year limitations and shall
consist of all monies received by the Commission from assessments
received and collected pursuant to Section 420.27 of this title, and
donations, grants, contributions and gifts from any public or
private source and any monies appropriated by the Oklahoma State
Legislature. The Commission may expend funds as provided for by
law. Expenditures from the fund shall be made upon warrants issued
by the State Treasurer against claims filed as prescribed by law
with the Director Chief Operating Officer of the Office of
Management and Enterprise Services for approval and payment.
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SECTION 273. AMENDATORY 53 O.S. 2021, Section 1.10, is
amended to read as follows:
Section 1.10. There is hereby created in the State Treasury of
the State of Oklahoma a revolving fund to be designated as the
Historical Society Revolving Fund, which shall consist of all money
appropriated to said fund and all money received by the Oklahoma
Historical Society from membership, sales of publications, sales of
merchandise to visitors, income from duplicating and microfilm
services, contributions, entry fees, gifts and endowments, excluding
those gifts and endowments conditionally tendered, and other income
derived from the operations of the Oklahoma Historical Society and
from historic sites. The Oklahoma Historical Society is hereby
authorized and directed to prepare for public distribution such
historical data as may in its judgment meet the public demand; said
Society shall determine the fee to be charged for each of the
publications and such fee should be sufficient to cover the cost of
preparing, publishing and marketing to the general public in the
museums and historic sites operated by the Society.
Said revolving fund shall be a continuing fund not subject to
fiscal year limitations and shall be under the control and
management of the Oklahoma Historical Society and the disbursements
therefrom shall be approved by the Society. Monies deposited in
said revolving fund may be expended for the purpose of maintaining
and operating the Oklahoma Historical Society functions and for
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operation of historic sites. Monies deposited in said revolving
fund from entry fees collected at each participating museum or site
pursuant to the entry fee pilot project shall be expended only on
the museum and historic site from which the fee is collected and for
the purposes outlined in Section 1.21 of this title. Purchases of
merchandise for sale to visitors shall be exempt from The Oklahoma
Central Purchasing Act but all other expenditures shall be made
pursuant to the laws of the state and the statutes relating to the
Oklahoma Historical Society. Warrants for expenditures from this
fund shall be drawn by the State Treasurer based on claims signed by
the approving officer of the Society and approved for payment by the
Director Chief Operating Officer of the Office of Management and
Enterprise Services.
SECTION 274. AMENDATORY 53 O.S. 2021, Section 1.10a, is
amended to read as follows:
Section 1.10a. A. There is hereby created in the State
Treasury a revolving fund for the Oklahoma Historical Society, to be
designated the "Oklahoma Historical Society Capital Improvement and
Operations Revolving Fund". The fund shall be a continuing fund,
not subject to fiscal year limitations, and shall consist of all
monies received by the Oklahoma Historical Society and apportioned
to such fund pursuant to the provisions of Sections 1353 and 1403 of
Title 68 of the Oklahoma Statutes and such other monies accredited
to the fund pursuant to law.
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B. All monies accruing to the credit of the fund are hereby
appropriated and may be budgeted and expended by the Oklahoma
Historical Society for the purpose of maintaining and operating the
Oklahoma Historical Society functions, capital improvements and for
operation of historic sites.
C. No monies from this revolving fund shall be transferred for
any purpose to any other state agency. Expenditures from the fund
shall be made upon warrants issued by the State Treasurer against
claims filed as prescribed by law with the Director Chief Operating
Officer of the Office of Management and Enterprise Services for
approval and payment.
SECTION 275. AMENDATORY 53 O.S. 2021, Section 1.12, is
amended to read as follows:
Section 1.12. There is hereby authorized to be created a petty
cash fund for the Oklahoma Historical Society in an amount not to
exceed Five Thousand Dollars ($5,000.00). This fund may be
allocated to museums and sites owned and operated by the Oklahoma
Historical Society in amounts not to exceed Two Hundred Dollars
($200.00) per museum or site for the purpose of establishing
separate petty cash fund accounts. Said fund may be established
from any state funds available to the Oklahoma Historical Society
for general operating expenses and shall be administered under such
rules and regulations as prescribed by the Director Chief Operating
Officer of the Office of Management and Enterprise Services.
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SECTION 276. AMENDATORY 53 O.S. 2021, Section 7.4, is
amended to read as follows:
Section 7.4. A. There is hereby created in the State Treasury
a revolving fund for the Oklahoma Historical Society to be
designated the "Buffalo Soldiers Heritage Corridor Fund". The fund
shall be a continuing fund, not subject to fiscal year limitations,
and shall consist of all monies deposited to the fund by law, as
well as gifts, donations, and private, state, and federal funds
designated for the deposit thereto.
B. All monies accruing to the credit of such fund are hereby
appropriated and may be budgeted and expended by the Oklahoma
Historical Society for the purpose of providing for the programs and
direct costs of the Buffalo Soldiers Heritage Corridor.
C. Expenditures from such fund shall be made upon warrants
issued by the State Treasurer against claims filed as prescribed by
law with the Director Chief Operating Officer of the Office of
Management and Enterprise Services for approval and payment.
SECTION 277. AMENDATORY 53 O.S. 2021, Section 45.1, is
amended to read as follows:
Section 45.1. A. Effective July 1, 2016, all property of the
Will Rogers Memorial Commission including, but not limited to, the
property specified in Sections 45 and 47.8 of Title 53 of the
Oklahoma Statutes, is hereby transferred to the Oklahoma Historical
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Society and shall be under the governance of the Oklahoma Historical
Society.
B. All Commission personnel, in both the classified and
unclassified service of the State Merit System of Personnel
Administration, who are assigned as of June 30, 2016, including
related liabilities for sick leave, annual leave, holidays,
unemployment benefits and workers' compensation benefits accruing
prior to July 1, 2016, to such personnel shall be transferred as of
July 1, 2016, to the Oklahoma Historical Society. To the extent
possible, the Oklahoma Historical Society shall ensure that the
employees retain pay and benefits, including longevity, dependent
insurance benefits, seniority, rights and other privileges and
benefits.
C. Appropriate conveyances and other documents shall be
executed by July 1, 2016, to effectuate the transfer of the Will
Rogers Memorial Commission.
D. The Office of Management and Enterprise Services shall
determine the amount of funds from available budgetary resources for
the Will Rogers Memorial Commission, including any appropriated
funds, revolving funds or sinking funds, that should be transferred
on July 1, 2016, from the Will Rogers Memorial Commission to the
Oklahoma Historical Society to continue operation of the Memorial
for the fiscal year ending June 30, 2016. The Director Chief
Operating Officer of the Office of Management and Enterprise
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Services is authorized and directed to coordinate and administer the
funds transfer. The funds transferred to the Oklahoma Historical
Society shall not be subject to any budgetary limits that may have
attached to the funds when the funds were appropriated to the
Commission. From the effective date of this act through June 30,
2016, the Commission shall not spend or encumber more than the funds
budgeted for that period without prior approval of the Office of
Management and Enterprise Services.
E. The Oklahoma Historical Society may establish appropriate
funds and accounts, including a revolving fund in the Office of
Management and Enterprise Services for servicing the fiscal
operations of the Memorial. Such funds and accounts shall be
subject to the direct supervision, management and control of the
Oklahoma Historical Society.
F. An employee transferred pursuant to the provisions of this
act who is a member of the Oklahoma Public Employees Retirement
System shall retain such membership and all service credit and other
benefits associated therewith.
G. 1. The Oklahoma Historical Society shall succeed to any
contractual rights and responsibilities the Commission has incurred
on behalf of the Memorial.
2. The Oklahoma Historical Society and the Commission shall
execute all necessary documents to memorialize the assignment to the
Oklahoma Historical Society of all rights, responsibilities and
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obligations under any and all contracts the Commission has entered
into relating to operation of any part of the Memorial as provided
in this section. The Oklahoma Historical Society shall execute any
documents necessary to memorialize acceptance of such assignment.
In the absence of memorializing documents or conveyances, the
transfers including all the assignments shall occur by operation of
law.
H. The rules of the Commission that are in effect on July 1,
2016, shall be enforceable by the Oklahoma Historical Society until
the Oklahoma Historical Society establishes rules or until January
1, 2018, whichever occurs earlier.
SECTION 278. AMENDATORY 53 O.S. 2021, Section 47, is
amended to read as follows:
Section 47. The Director Chief Operating Officer of the Office
of Management and Enterprise Services is authorized and directed to
fix the maximum amount of the petty cash fund created in Section 46
of this title and to prescribe forms, systems and procedures for its
administration. The petty cash fund may be reimbursed from time to
time by the filing of proper claims, accompanied by valid receipts
for expenditures made.
SECTION 279. AMENDATORY 53 O.S. 2021, Section 47.4A, is
amended to read as follows:
Section 47.4A. A. There is hereby created in the State
Treasury a revolving fund for the Oklahoma Historical Society, on
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behalf of the Will Rogers Memorial, to be designated the "Will
Rogers Memorial Revolving Fund". The fund shall consist of all:
1. Appropriations, gifts, donations, grants, admission fees,
and any other monies received by the Oklahoma Historical Society
pursuant to this act; and
2. Proceeds from outlet sales, unless the outlets are leased as
provided in Section 47.4 of this title in which case any payments
received pursuant to any such lease shall be deposited in the
revolving fund.
B. The revolving fund shall be a continuing fund not subject to
fiscal year limitations and shall be under the administrative
direction of the Oklahoma Historical Society, on behalf of the Will
Rogers Memorial. The expenditure from the fund shall be used for
expenses relating to administration, duties, operations,
maintenance, special projects, and acquisitions for the Memorial and
shall be made pursuant to law.
C. Warrants for expenditures from this fund shall be drawn by
the State Treasurer based on claims signed by an authorized employee
of the Oklahoma Historical Society and approved for payment by the
Director Chief Operating Officer of the Office of Management and
Enterprise Services.
SECTION 280. AMENDATORY 53 O.S. 2021, Section 175, is
amended to read as follows:
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Section 175. There is hereby created in the State Treasury a
revolving fund for the Oklahoma Arts Council to be designated the
"Oklahoma Arts Council Arts Education Revolving Fund". The fund
shall be a continuing fund, not subject to fiscal year limitations,
and shall consist of all monies received by the Council from
appropriations, private and public donations, contributions, gifts,
grants, and any other monies received by the Council for the purpose
of providing incentive grants as provided for in Section 174 of this
title. All monies accruing to the credit of said fund are hereby
appropriated and may be budgeted and expended by the Council for the
purpose of providing incentive grants as provided for in Section 174
of this title. Expenditures from said fund shall be made upon
warrants issued by the State Treasurer against claims filed as
prescribed by law with the Director Chief Operating Officer of the
Office of Management and Enterprise Services for approval and
payment.
SECTION 281. AMENDATORY 53 O.S. 2021, Section 232, is
amended to read as follows:
Section 232. There is hereby created in the State Treasury a
revolving fund for the Oklahoma Music Hall of Fame Board to be
designated the "Oklahoma Music Hall of Fame Revolving Fund". The
fund shall be a continuing fund, not subject to fiscal year
limitations, and shall consist of all monies received by the Board
from admission fees, private and public donations, contributions,
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and gifts. All monies accruing to the credit of said fund are
hereby appropriated and may be budgeted and expended by the Board
for the purpose of creating, operating, staffing and maintaining an
Oklahoma Music Hall of Fame, and any legitimate expenses of the
Board. Expenditures from said fund shall be made upon warrants
issued by the State Treasurer against claims filed as prescribed by
law with the Director Chief Operating Officer of the Office of
Management and Enterprise Services for approval and payment.
SECTION 282. AMENDATORY Section 3, Chapter 358, O.S.L.
2023 (53 O.S. Supp. 2025, Section 503), is amended to read as
follows:
Section 503. There is hereby created in the State Treasury a
revolving fund for the Oklahoma Historical Society to be designated
the “Oklahoma Civil Rights Trail Revolving Fund”. The fund shall be
a continuing fund, not subject to fiscal year limitations, and shall
consist of all monies deposited to the fund by law, as well as
gifts, donations, and private, state, and federal funds. All monies
accruing to the credit of such fund are hereby appropriated and may
be budgeted and expended by the Oklahoma Historical Society for the
purpose of providing financial assistance for the preservation of
the Oklahoma Civil Rights Trail. Expenditures from such fund shall
be made upon warrants issued by the State Treasurer against claims
filed as prescribed by law with the Director Chief Operating Officer
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of the Office of Management and Enterprise Services for approval and
payment.
SECTION 283. AMENDATORY 56 O.S. 2021, Section 59.1, is
amended to read as follows:
Section 59.1. A. The Oklahoma Tax Commission shall include on
each state individual income tax return form for tax years beginning
after December 31, 2001, an opportunity for the taxpayer to donate
from a tax refund for the benefit of the Oklahoma Indigent Health
Care Fund.
B. There is hereby created in the State Treasury a revolving
fund for the Department of Human Services, to be designated the
"Indigent Health Care Revolving Fund". The fund shall be a
continuing fund, not subject to fiscal year limitations, and shall
consist of all monies received by the Department of Human Services
from:
1. Any state monies appropriated for the purpose of
implementing the provisions of the Oklahoma Indigent Health Care
Act; and
2. Any monies collected pursuant to this section or any other
monies available to the Department of Human Services to implement
the provisions of the Oklahoma Indigent Health Care Act.
C. All monies accruing to the credit of the fund are hereby
appropriated and shall be budgeted and expended directly to eligible
clinics by the Department for the purpose of implementing the
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Oklahoma Indigent Health Care Act. Expenditures from the fund shall
be made upon warrants issued by the State Treasurer against claims
filed as prescribed by law with the Director Chief Operating Officer
of the Office of Management and Enterprise Services for approval and
payment.
SECTION 284. AMENDATORY 56 O.S. 2021, Section 198.11b,
is amended to read as follows:
Section 198.11b. A. It is the public policy of the State of
Oklahoma to:
1. Recognize and support individuals with disabilities by
treating them with dignity and respect as productive members of our
society in Oklahoma;
2. Acknowledge their contributions as productive and
independent citizens in the state and the useful work they perform
in their local communities;
3. Support a service delivery system for individuals with
disabilities ensuring that the individuals, their families, or
guardians are well informed as to the types of services and
resources available to such individuals in order to encourage their
independence, self-esteem, and self-worth, regardless of the
severity of the disability; and
4. Recognize that self-choice on the part of individuals with
disabilities is critical and that the most appropriate setting for
meeting their needs should be a paramount consideration when
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determining appropriate placement of such individuals in community-
based programs, residential care facilities, or any other placement
or service that benefits the needs and well-being of individuals
with disabilities.
B. There is hereby created the Strategic Planning Committee on
the Olmstead Decision to continue until July 1, 2010. The purpose
of the Committee is to monitor the implementation of the
comprehensive, strategic plan for the State of Oklahoma regarding
the Olmstead Decision.
C. The Strategic Planning Committee on the Olmstead Decision
shall be composed of fifteen (15) appointed members, eighteen (18)
ex officio members, and representatives from disability-related
organizations, all of whom shall be voting members, as follows:
1. a. The Governor shall appoint:
(1) one person who is a community placement service
provider for persons with disabilities,
(2) one person who is an advocate for persons with
disabilities,
(3) one parent or personal representative of a person
with disabilities,
(4) one member from an organization that provides
direct care services within the Advantage Waiver
Program, and
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(5) one member who is a consumer of disability
services.
b. The President Pro Tempore of the Senate shall appoint:
(1) two members of the State Senate,
(2) two members who are consumers of disability
services, and
(3) one member with a disability who has moved from
an institutional setting into the community.
c. The Speaker of the House of Representatives shall
appoint:
(1) two members of the House of Representatives,
(2) one parent or personal representative of a person
with disabilities,
(3) one member who is a consumer of disability
services, and
(4) one member with a disability who has moved from
an institutional setting into the community;
2. The ex officio voting members shall be:
a. the Attorney General, or designee,
b. the Director of the Department of Human Services, or
designee,
c. the Division Director of the Developmental
Disabilities Division of the Department of Human
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Services, if not the designee of the Director of Human
Services,
d. the State Commissioner of Health, or designee,
e. the Commissioner of the Department of Mental Health
and Substance Abuse Services, or designee,
f. the Administrator of the Oklahoma Health Care
Authority, or designee,
g. the Director Chief Operating Officer of the Office of
Management and Enterprise Services, or designee,
h. the Director of the State Department of Rehabilitation
Services, or designee,
i. the Director of the Office of Disability Concerns, or
designee,
j. the Director of the Oklahoma Employment Security
Commission, or designee,
k. the state coordinator for the federal Ticket To Work
and Work Incentive Act, if not the designee of the
Oklahoma Employment Security Director,
l. the Executive Director of a local housing authority,
or designee,
m. the Executive Director of the Oklahoma Housing Finance
Agency, or designee,
n. the State Superintendent of Public Instruction, or
designee,
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o. the Director of the Department of Transportation, or
designee,
p. the Commissioner of Labor, or designee,
q. a representative from a local transit authority, or
from a Community Action Agency, that provides
transportation services to individuals with
disabilities, and
r. the Director of the Oklahoma Commission on Children
and Youth, or designee; and
3. The membership shall also include as voting members:
a. one representative from the Developmental Disabilities
Council,
b. one representative from the Statewide Independent
Living Council,
c. two representatives from the Centers for Independent
Living,
d. one representative from the Center for Learning and
Leadership,
e. one representative from the Oklahoma Disability Law
Center,
f. one representative from ABLE-Tech,
g. one representative from the Oklahoma Mental Health
Consumer Council, and
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h. a representative of a nonprofit agency, in a county of
five hundred thousand (500,000) or more population,
that collaborates on programs and services for persons
with disabilities.
D. 1. Members shall serve at the pleasure of their appointing
authorities. A vacancy on the Committee shall be filled by the
original appointing authority.
2. A majority of the members of the Committee shall constitute
a quorum. A majority of the members present at a meeting may act
for the Committee.
3. The President Pro Tempore and the Speaker shall each
designate a cochair from among the members of the Committee.
4. The cochairs of the Committee shall annually establish a
schedule of each year's meetings. The Committee shall meet at least
four times annually.
5. Proceedings of all meetings of the Committee shall comply
with the provisions of the Oklahoma Open Meeting Act.
6. The Committee may divide into subcommittees in furtherance
of its purpose.
E. 1. The Department of Human Services and the Office of the
Attorney General shall serve as lead agencies and as such shall
provide primary staffing for the Committee. Appropriate personnel
from the Oklahoma Health Care Authority and the Department of Mental
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Health and Substance Abuse Services shall also assist with the work
of the Committee.
2. The Committee may use the expertise and services of the
staffs of the State Senate and the House of Representatives and may,
as necessary, employ and contract for the advice and services of
experts in the field as well as other necessary professional and
clerical staff.
F. All departments, officers, agencies, and employees of this
state shall cooperate with the Committee in fulfilling its duties
and responsibilities including, but not limited to, providing any
information, records, or reports requested by the Committee.
G. Members of the Committee shall receive no compensation for
their service, but shall receive travel reimbursement as follows:
1. Legislative members of the Committee 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 Committee 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 Strategic Planning
Committee on the Olmstead Decision shall include, but need not be
limited to:
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a. monitoring the implementation of the comprehensive,
strategic plan for Oklahomans with disabilities,
pursuant to the Olmstead Decision,
b. reviewing the service delivery system within the state
and the way in which persons with disabilities
currently access the services,
c. reviewing existing statutes, policies, programs,
services and funding sources that affect Oklahomans
with disabilities, including, but not limited to,
identifying unique approaches and strategies to
funding,
d. identifying and reviewing funding and resource
information available to persons with disabilities and
their families in this state,
e. identifying gaps and barriers in programs and services
to individuals with disabilities and making any
recommendations to enhance programs and the delivery
system for persons with disabilities in Oklahoma,
f. examining the feasibility of expanding the eligibility
criteria for people served by the Developmental
Disabilities Services Division of the Department of
Human Services to include people with disabilities who
are not eligible for the Advantage Waiver program
through the Aging Services Division and those with
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other diagnoses who are at risk of out-of-home
placement,
g. studying the feasibility and impact of requiring that
assistive technology suppliers in this state meet
national certification requirements, and
h. taking all other actions necessary to monitor and
assist with the implementation of the comprehensive
strategic plan.
I. The Committee shall prepare and submit a report of its
findings and recommendations to the Legislature and Governor by July
15, 2007, and each July 15 thereafter, and shall submit a final
report by July 1, 2010.
SECTION 285. AMENDATORY 56 O.S. 2021, Section 202, is
amended to read as follows:
Section 202. Premiums on such insurance shall be paid from
monies or funds appropriated for the payment of assistance to the
needy aged persons qualifying for assistance under subsection A of
Section 164 of this title. Monthly claims for such premiums,
certified by the Department of Human Services, shall be filed with
the Director Chief Operating Officer of the Office of Management and
Enterprise Services for audit and settlement prior to being paid on
warrants by the State Treasurer.
SECTION 286. AMENDATORY 56 O.S. 2021, Section 224, is
amended to read as follows:
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Section 224. There is hereby created in the State Treasury a
revolving fund for the Commission for Human Services, to be
designated the "Human Services Disbursing Fund", provided that the
fund may be designated by fiscal year designations as the Commission
may determine. The fund shall be a continuing fund, not subject to
fiscal year limitations. The fund shall consist of receipts from
the federal government, monies appropriated to the Department of
Human Services by the State Legislature, and other receipts of the
Department of Human Services as shall be directed by the Commission
for Human Services. All monies accruing to the credit of said fund
are hereby appropriated and may be budgeted and expended by the
Commission for Human Services as may be necessary in order to carry
out the duties imposed upon the said Commission by law, provided
that expenditures shall not be made from the Human Services
Disbursing Fund to pay any obligation for which there exists
authorization for payment from the Oklahoma Medical Center
Disbursing Fund or the Human Services Medical and Assistance Fund.
Expenditures from the Human Services Disbursing Fund shall be made
upon warrants issued by the State Treasurer against claims filed as
prescribed by law with the Director Chief Operating Officer of the
Office of Management and Enterprise Services for approval and
payment.
SECTION 287. AMENDATORY 56 O.S. 2021, Section 226, is
amended to read as follows:
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Section 226. There is hereby created in the State Treasury a
fund for the Department of Human Services to be designated the
"Department of Human Services Federal Disallowance Fund". The fund
shall be a continuing fund, not subject to fiscal year limitations.
It shall consist of monies received by the Department of Human
Services which, in the opinion of the Commission for Human Services,
may be subject to federal disallowances and interest which may
accrue on said receipts. All monies accruing to the credit of said
fund are hereby appropriated and may be budgeted and expended by the
Department of Human Services at the discretion of the Commission for
Human Services for eventual settlement of the appropriate pending
disallowances. Expenditures from said fund shall be made upon
warrants issued by the State Treasurer against claims filed as
prescribed by law with the Director Chief Operating Officer of the
Office of Management and Enterprise Services for approval and
payment.
The Director of Human Services may request the Director Chief
Operating Officer of the Office of Management and Enterprise
Services to transfer monies between the Department of Human Services
Federal Disallowance Fund and the Human Services Disbursing Fund or
the Department of Human Services Medical and Assistance Fund, as
needed for the expenditure of funds.
SECTION 288. AMENDATORY 56 O.S. 2021, Section 229, is
amended to read as follows:
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Section 229. There is hereby created in the State Treasury a
revolving fund for the Department of Human Services to be designated
the "OK Benefits Revolving Fund". The fund shall be a continuing
fund, not subject to fiscal year limitations, and shall consist of
all monies designated to the fund by law. The Director of the
Department of Human Services shall, at the end of each month,
provide a current balance and statement of encumbrances of the fund
to the Chair of the Senate Appropriations Committee and the Chair of
the House of Representatives Committee on Appropriations and Budget.
All monies accruing to the credit of the fund are hereby
appropriated and may be budgeted and expended by the Department of
Human Services for the sole purpose of the acquisition, operation,
maintenance, repair and replacement of the OK Benefits system at the
Department of Human Services. Expenditures from the fund shall be
made upon warrants issued by the State Treasurer against claims
filed as prescribed by law with the Director Chief Operating Officer
of the Office of Management and Enterprise Services for approval and
payment.
SECTION 289. AMENDATORY 56 O.S. 2021, Section 260, is
amended to read as follows:
Section 260. There is hereby created in the State Treasury a
revolving fund for the Department of Human Services to be designated
the "Individual Development Account (IDA) Revolving Fund". The fund
shall be a continuing fund, not subject to fiscal year limitations,
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and shall consist of all monies appropriated or contributed thereto.
All monies accruing to the credit of the fund are hereby
appropriated and may be budgeted and expended by the Department for
grants awarded pursuant to the provisions of subsection C of Section
255 of this title. Expenditures from the fund shall be made upon
warrants issued by the State Treasurer against claims filed as
prescribed by law with the Director Chief Operating Officer of the
Office of Management and Enterprise Services for approval and
payment.
SECTION 290. AMENDATORY 56 O.S. 2021, Section 329.1, is
amended to read as follows:
Section 329.1. A. The Department of Human Services shall:
1. Establish a program to broaden the availability of support
service providers (SSPs) in the deaf-blind community;
2. Develop a mission statement for the program and promulgate
rules necessary to implement and administer the program;
3. Provide grants to SSPs and organizations that provide
services for deaf-blind adults or deaf-blind children and their
families. The services shall include but are not limited to:
a. transportation for doctor appointments, shopping or
errands,
b. reading mail or other correspondence,
c. making telephone calls,
d. recreation or wellness activities,
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e. civic or religious activities,
f. deaf-blind meetings or events, and
g. occasional special events such as weddings, funerals
or religious ceremonies.
The Department may prioritize and limit the amount and scope of
services offered subject to funding limitations and considering the
needs of the deaf-blind recipients and their families; and
4. Use a request-for-proposal process to award grants to SSPs.
SSPs that receive grants pursuant to this section may expend the
grant monies for any purpose authorized in this subsection. The
total amount of grants awarded pursuant to this section shall not
exceed Two Hundred Fifty Thousand Dollars ($250,000.00) annually.
B. After establishing a program pursuant to subsection A of
this section and subject to the availability of funds, the
Department may develop a certification requirement and training
program for SSPs and organizations that provide services for deaf-
blind adults or deaf-blind children and their families with the
primary priority of service to the deaf-blind recipients and their
families.
C. The structure and scope of the program established in
subsection A of this section may be expanded upon legislative
approval and funding. The program shall be aligned with other
initiatives of the Department to avoid duplication or overlap of
services or programming; however, the Department may use a
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combination of services or programs to provide a comprehensive
support program for deaf-blind adults or deaf-blind children and
their families. The Department may solicit and accept private or
public funds from individuals and entities to implement and
administer the program.
D. There is hereby created in the State Treasury a revolving
fund for the Department of Human Services to be designated the
"Support Service Providers Grant Program Fund". The fund shall be a
continuing fund, not subject to fiscal year limitations. The fund
shall consist of monies appropriated to the Department by the
Legislature and any other monies acquired by the Department pursuant
to subsection C of this section. All monies accruing to the credit
of the fund are hereby appropriated and may be budgeted and expended
by the Department in order to carry out the duties imposed in this
section. Expenditures from the Support Service Providers Grant
Program Fund shall be made upon warrants issued by the State
Treasurer against claims filed as prescribed by law with the
Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment.
SECTION 291. AMENDATORY 56 O.S. 2021, Section 1003, is
amended to read as follows:
Section 1003. A. There is hereby created within the Office of
the Attorney General, a Medicaid fraud control unit.
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B. The Medicaid fraud control unit shall be the state entity to
which all cases of suspected Medicaid fraud shall be referred by the
Oklahoma Health Care Authority or its fiscal agents for the purposes
of investigation, civil action, criminal action or referral to the
district attorney. Provided however, nothing contained in the
Oklahoma Medicaid Program Integrity Act shall prohibit the Oklahoma
Health Care Authority from investigating or additionally referring
to other proper law enforcement agencies cases of suspected Medicaid
fraud, nor the Attorney General from pursuing cases of suspected
Medicaid fraud without a referral from the Oklahoma Health Care
Authority if there is credible evidence of fraud. The Oklahoma
Health Care Authority shall be authorized to require providers to
display information about how to report providers suspected of
fraudulent activity relating to the Oklahoma Medicaid Program. The
Oklahoma Health Care Authority shall require that signs be posted in
any and all locations where services provided by the Oklahoma
Medicaid Program are delivered to Medicaid recipients. The sign
shall make reference to the Attorney General’s Medicaid Fraud
Control Unit hotline and provide the current phone number for the
hotline, and shall be placed in a conspicuous location within a
provider’s office. The sign shall contain notification that all
reports to the hotline may be filed anonymously by persons
suspecting fraudulent activity.
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C. 1. In carrying out these responsibilities, the Attorney
General shall have all the powers necessary to comply with federal
laws and regulations relative to the operation of a Medicaid fraud
unit, the power to cross-designate assistant United States attorneys
as assistant attorneys general, the power to investigate cases of
patient abuse, the power to issue or cause to be issued subpoenas or
other process in aid of investigations and prosecutions, the power
to administer oaths and take sworn statements under penalty of
perjury, the power to serve and execute in any county, search
warrants which relate to investigations authorized by the Oklahoma
Medicaid Program Integrity Act and shall have all the powers of a
district attorney.
2. Subpoenas ad testificandum or duces tecum issued pursuant to
the Oklahoma Medicaid Program Integrity Act may be served by the
Attorney General, any peace officer, or any competent person over
eighteen (18) years of age, and may require attendance or production
at any place in this state. A refusal to obey such subpoena, or
willful failure to appear, be sworn, testify, or produce records at
the place and time specified shall constitute contempt and shall be
enforced by the district court of the county where issued or the
county where served, at the election of the Attorney General, as if
it was a contempt on that court.
D. The Attorney General shall have authority to collect all
fines, penalties, amounts of restitution, or interest accruing on
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any amount of restitution to be made and any penalties to be paid
from and after default in the payment thereof levied pursuant to the
provisions of the Oklahoma Medicaid Program Integrity Act, the
Oklahoma Medicaid False Claims Act, or any other charge, cause of
action, prelitigation settlement or other settlement which recovers
money wrongfully paid by the Oklahoma Health Care Authority on a
claim submitted to the Oklahoma Health Care Authority. However,
this subsection is not in any way intended to affect the contempt
power of any court. Funds collected by the Attorney General
pursuant to this section shall be deposited as follows:
1. Restitution recovered and interest thereon shall be returned
to the Oklahoma Health Care Authority for deposit to the Oklahoma
Health Care Authority Medicaid Program Fund created pursuant to
Section 5020 of Title 63 of the Oklahoma Statutes;
2. Costs of investigation, litigation, attorney fees, and other
expenses shall be retained by the Office of the Attorney General and
shall be deposited in the Attorney General's Medicaid Fraud
Revolving Fund created pursuant to subsection E of this section; and
3. Fines and penalties and other funds recovered and interest
thereon shall be deposited in the Attorney General's Medicaid Fraud
Revolving Fund; provided, the balance in the Attorney General's
Medicaid Fraud Revolving Fund shall not exceed an amount equal to
fifty percent (50%) of the current-year budget for operating costs
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of the Medicaid Fraud Control Unit. Any funds exceeding that amount
shall be deposited as follows:
a. seventy-five percent (75%) to the General Revenue
Fund, and
b. twenty-five percent (25%) to the Attorney General's
Evidence Fund created pursuant to Section 19 of Title
74 of the Oklahoma Statutes.
E. There is hereby created in the State Treasury a revolving
fund for the Office of the Attorney General, to be designated the
"Attorney General's Medicaid Fraud Revolving Fund". The fund shall
be a continuing fund, not subject to fiscal year limitations, and
shall consist of any monies designated to the fund by law. All
monies accruing to the credit of said fund are hereby appropriated
and may be budgeted and expended by the Attorney General for
activities related to the Medicaid Fraud Control Unit. Expenditures
from said fund shall be made upon warrants issued by the State
Treasurer against claims filed as prescribed by law with the
Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment.
SECTION 292. AMENDATORY Section 23, Chapter 395, O.S.L.
2022 (56 O.S. Supp. 2025, Section 1010.8A), is amended to read as
follows:
Section 1010.8A. There is hereby created in the State Treasury
a revolving fund for the Oklahoma Health Care Authority to be
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designated the "Medicaid Health Improvement Revolving Fund". The
fund shall be a continuing fund, not subject to fiscal year
limitations, and shall consist of all monies received from the
premium tax levied on contracted entities under paragraph 2 of
subsection A of Section 624 of Title 36 of the Oklahoma Statutes and
such other funds as may be provided by law. All monies accruing to
the credit of the fund are hereby appropriated and may be budgeted
and expended by the Authority for the following purposes:
1. To supplement the state Medicaid program;
2. To supplement the Supplemental Hospital Offset Payment
Program; and
3. To supplement the Rate Preservation Fund created in Section
5020A of Title 63 of the Oklahoma Statutes.
Expenditures from the fund shall be made upon warrants issued by
the State Treasurer against claims filed as prescribed by law with
the Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment.
SECTION 293. AMENDATORY 56 O.S. 2021, Section 1011.13,
is amended to read as follows:
Section 1011.13. A. There is hereby created in the State
Treasury a revolving fund for the Oklahoma Health Care Authority to
be designated the "Nursing Facility Supplemental Payment Program
Revolving Fund". The fund shall be a continuing fund, not subject
to fiscal year limitations, and shall consist of:
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1. All monies received by the Authority from nonstate
governmental organizations pursuant to the Nursing Facility
Supplemental Payment Program;
2. Any interest or penalties levied and collected in
conjunction with the administration of this act; and
3. All interest attributable to investment of money in the
fund.
B. All monies accruing to the credit of the fund are hereby
appropriated and may be budgeted and expended by the Authority for
the purposes of:
1. Transferring funds for the state share of supplemental
payments for the Oklahoma Medicaid Program;
2. Transferring funds for the state share of administrative
expenses incurred by the Authority or its agents and employees in
performing the activities authorized by the Nursing Facility
Supplemental Payment Program; or
3. Transferring funds for the maintenance of nursing facility
reimbursement rates; provided, such transfers shall only include
funds remaining after the transfers authorized by paragraphs 1 and 2
of this subsection.
C. Expenditures from the fund shall be made upon warrants
issued by the State Treasurer against claims filed as prescribed by
law with the Director Chief Operating Officer of the Office of
Management and Enterprise Services for approval and payment.
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D. Except for the transfers described in subsection B of this
section, monies in the Nursing Facility Supplemental Payment Program
Revolving Fund shall not be used to replace other general revenues
appropriated and funded by the Legislature or other revenues used to
support Medicaid.
SECTION 294. AMENDATORY Section 1, Chapter 422, O.S.L.
2024 (56 O.S. Supp. 2025, Section 1026.1), is amended to read as
follows:
Section 1026.1. There is hereby created in the State Treasury a
revolving fund for the Department of Human Services to be designated
the “Developmental Disability Services Revolving Fund”. The fund
shall be a continuing fund, not subject to fiscal year limitations,
and shall consist of all monies received by the Department from
appropriations provided for the purpose of funding the state share
of the following home- and community-based services waivers:
1. The In-Home Supports for Adults Waiver;
2. The In-Home Supports for Children Waiver;
3. The Homeward Bound Waiver; and
4. The Community Waiver.
All monies accruing to the credit of the fund are hereby
appropriated and may be budgeted and expended by the Department for
the purpose provided for in this section. Expenditures from the
fund shall be made upon warrants issued by the State Treasurer
against claims filed as prescribed by law with the Director Chief
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Operating Officer of the Office of Management and Enterprise
Services for approval and payment.
SECTION 295. AMENDATORY 56 O.S. 2021, Section 2002, as
amended by Section 1, Chapter 214, O.S.L. 2025 (56 O.S. Supp. 2025,
Section 2002), is amended to read as follows:
Section 2002. A. For the purpose of providing quality care
enhancements, the Oklahoma Health Care Authority is authorized to
and shall assess a Nursing Facilities Quality of Care Fee pursuant
to this section upon each nursing facility licensed in this state.
Facilities operated by the Oklahoma Department of Veterans Affairs
shall be exempt from this fee. Quality of care enhancements
include, but are not limited to, the purposes specified in this
section.
B. As a basis for determining the Nursing Facilities Quality of
Care Fee assessed upon each licensed nursing facility, the Authority
shall calculate a uniform per-patient day rate. The rate shall be
calculated by dividing six percent (6%) of the total annual patient
gross receipts of all licensed nursing facilities in this state by
the total number of patient days for all licensed nursing facilities
in this state. The result shall be the per-patient day rate.
Beginning July 15, 2004, the Nursing Facilities Quality of Care Fee
shall not be increased unless specifically authorized by the
Legislature.
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C. Pursuant to any approved Medicaid waiver and pursuant to
subsection N of this section, the Nursing Facilities Quality of Care
Fee shall not exceed the amount or rate allowed by federal law for
nursing home licensed bed days.
D. The Nursing Facilities Quality of Care Fee owed by a
licensed nursing facility shall be calculated by the Authority by
adding the daily patient census of a licensed nursing facility, as
reported by the facility for each day of the month, and by
multiplying the ensuing figure by the per-patient day rate
determined pursuant to the provisions of subsection B of this
section.
E. Each licensed nursing facility which is assessed the Nursing
Facilities Quality of Care Fee shall be required to file a report on
a monthly basis with the Authority detailing the daily patient
census and patient gross receipts at such time and in such manner as
required by the Authority.
F. 1. The Nursing Facilities Quality of Care Fee for a
licensed nursing facility for the period beginning October 1, 2000,
shall be determined using the daily patient census and annual
patient gross receipts figures reported to the Authority for the
calendar year 1999 upon forms supplied by the Authority.
2. Annually the Nursing Facilities Quality of Care Fee shall be
determined by:
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a. using the daily patient census and patient gross
receipts reports received by the Authority for the
most recent available twelve (12) months, and
b. annualizing those figures.
Each year thereafter, the annualization of the Nursing
Facilities Quality of Care Fee specified in this paragraph shall be
subject to the limitation in subsection B of this section unless the
provision of subsection C of this section is met.
G. The payment of the Nursing Facilities Quality of Care Fee by
licensed nursing facilities shall be an allowable cost for Medicaid
reimbursement purposes.
H. 1. There is hereby created in the State Treasury a
revolving fund to be designated the “Nursing Facility Quality of
Care Fund”.
2. The fund shall be a continuing fund, not subject to fiscal
year limitations, and shall consist of:
a. all monies received by the Authority pursuant to this
section and otherwise specified or authorized by law,
b. monies received by the Authority due to federal
financial participation pursuant to Title XIX of the
Social Security Act, and
c. interest attributable to investment of money in the
fund.
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3. All monies accruing to the credit of the fund are hereby
appropriated and shall be budgeted and expended by the Authority
for:
a. reimbursement of the additional costs paid to
Medicaid-certified nursing facilities for purposes
specified by Sections 1-1925.2 and 5022.2 of Title 63
of the Oklahoma Statutes,
b. reimbursement of the Medicaid rate increases for
intermediate care facilities for individuals with
intellectual disabilities (ICFs/IID),
c. nonemergency transportation services for Medicaid-
eligible nursing home clients,
d. eyeglass and denture services for Medicaid-eligible
nursing home clients,
e. fifteen ombudsmen employed by the Office of the
Attorney General,
f. ten additional nursing facility inspectors employed by
the State Department of Health,
g. pharmacy and other Medicaid services to qualified
Medicare beneficiaries whose incomes are at or below
one hundred percent (100%) of the federal poverty
level; provided however, pharmacy benefits authorized
for such qualified Medicare beneficiaries shall be
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suspended if the federal government subsequently
extends pharmacy benefits to this population,
h. costs incurred by the Authority in the administration
of the provisions of this section and any programs
created pursuant to this section,
i. durable medical equipment and supplies services for
Medicaid-eligible elderly adults, and
j. personal needs allowance increases for residents of
nursing homes and Intermediate Care Facilities for
Individuals with Intellectual Disabilities (ICFs/IID)
from Thirty Dollars ($30.00) to Fifty Dollars ($50.00)
per month per resident.
4. Expenditures from the fund shall be made upon warrants
issued by the State Treasurer against claims filed as prescribed by
law with the Director Chief Operating Officer of the Office of
Management and Enterprise Services for approval and payment.
5. The fund and the programs specified in this section funded
by revenues collected from the Nursing Facilities Quality of Care
Fee pursuant to this section are exempt from budgetary cuts,
reductions, or eliminations.
6. The Medicaid rate increases for intermediate care facilities
for individuals with intellectual disabilities (ICFs/IID) shall not
exceed the net Medicaid rate increase for nursing facilities
including, but not limited to, the Medicaid rate increase for which
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Medicaid-certified nursing facilities are eligible due to the
Nursing Facilities Quality of Care Fee less the portion of that
increase attributable to treating the Nursing Facilities Quality of
Care Fee as an allowable cost.
7. The reimbursement rate for nursing facilities shall be made
in accordance with Oklahoma’s Medicaid reimbursement rate
methodology and the provisions of this section.
8. No nursing facility shall be guaranteed, expressly or
otherwise, that any additional costs reimbursed to the facility will
equal or exceed the amount of the Nursing Facilities Quality of Care
Fee paid by the nursing facility.
I. 1. In the event that federal financial participation
pursuant to Title XIX of the Social Security Act is not available to
the Oklahoma Medicaid program, for purposes of matching expenditures
from the Nursing Facility Quality of Care Fund at the approved
federal medical assistance percentage for the applicable fiscal
year, the Nursing Facilities Quality of Care Fee shall be null and
void as of the date of the nonavailability of such federal funding,
through and during any period of nonavailability.
2. In the event of an invalidation of this section by any court
of last resort under circumstances not covered in subsection J of
this section, the Nursing Facilities Quality of Care Fee shall be
null and void as of the effective date of that invalidation.
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3. In the event that the Nursing Facilities Quality of Care Fee
is determined to be null and void for any of the reasons enumerated
in this subsection, any Nursing Facilities Quality of Care Fee
assessed and collected for any periods after such invalidation shall
be returned in full within sixty (60) days by the Authority to the
nursing facility from which it was collected.
J. 1. If any provision of this section or the application
thereof shall be adjudged to be invalid by any court of last resort,
such judgment shall not affect, impair or invalidate the provisions
of the section, but shall be confined in its operation to the
provision thereof directly involved in the controversy in which such
judgment was rendered. The applicability of such provision to other
persons or circumstances shall not be affected thereby.
2. This subsection shall not apply to any judgment that affects
the rate of the Nursing Facilities Quality of Care Fee, its
applicability to all licensed nursing homes in the state, the usage
of the fee for the purposes prescribed in this section, or the
ability of the Authority to obtain full federal participation to
match its expenditures of the proceeds of the fee.
K. The Authority shall promulgate rules for the implementation
and enforcement of the Nursing Facilities Quality of Care Fee
established by this section.
L. The Authority shall provide for administrative penalties in
the event nursing facilities fail to:
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1. Submit the Quality of Care Fee;
2. Submit the fee in a timely manner;
3. Submit reports as required by this section; or
4. Submit reports timely.
M. As used in this section:
1. “Nursing facility” means any home, establishment or
institution, or any portion thereof, licensed by the State
Department of Health as defined in Section 1-1902 of Title 63 of the
Oklahoma Statutes;
2. “Medicaid” means the medical assistance program established
in Title XIX of the federal Social Security Act and administered in
this state by the Authority;
3. “Patient gross revenues” means gross revenues received in
compensation for services provided to residents of nursing
facilities including, but not limited to, client participation. The
term “patient gross revenues” shall not include amounts received by
nursing facilities as charitable contributions; and
4. “Additional costs paid to Medicaid-certified nursing
facilities under Oklahoma’s Medicaid reimbursement methodology”
means both state and federal Medicaid expenditures including, but
not limited to, funds in excess of the aggregate amounts that would
otherwise have been paid to Medicaid-certified nursing facilities
under the Medicaid reimbursement methodology which have been updated
for inflationary, economic, and regulatory trends and which are in
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effect immediately prior to the inception of the Nursing Facilities
Quality of Care Fee.
N. 1. As per any approved federal Medicaid waiver, the
assessment rate subject to the provision of subsection C of this
section is to remain the same as those rates that were in effect
prior to January 1, 2012, for all state-licensed continuum of care
facilities.
2. Any facilities that made application to the State Department
of Health to become a licensed continuum of care facility no later
than January 1, 2012, shall be assessed at the same rate as those
facilities assessed pursuant to paragraph 1 of this subsection;
provided, that any facility making the application shall receive the
license on or before September 1, 2012. Any facility that fails to
receive such license from the State Department of Health by
September 1, 2012, shall be assessed at the rate established by
subsection C of this section subsequent to September 1, 2012.
O. If any provision of this section, or the application
thereof, is determined by any controlling federal agency, or any
court of last resort to prevent the state from obtaining federal
financial participation in the state’s Medicaid program, such
provision shall be deemed null and void as of the date of the
nonavailability of such federal funding and through and during any
period of nonavailability. All other provisions of the bill shall
remain valid and enforceable.
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SECTION 296. AMENDATORY 56 O.S. 2021, Section 2004, is
amended to read as follows:
Section 2004. A. As used in this section:
1. "Additional costs reimbursed to the contracted community-
based service provider" means both state and federal Medicaid
expenditures in excess of the aggregate amounts that would otherwise
have been paid to a contracted community-based service provider
including, but not limited to, costs related to an audit required by
the Department of Human Services, the Oklahoma Health Care
Authority, or the State Auditor and Inspector;
2. "Contracted community-based service provider" means any
entity contracted by the Department of Human Services, the Oklahoma
Health Care Authority, or any private person providing the support,
or promotion of support, for a service recipient to remain in such
person's home or residence and shall include, but not be limited to,
entities and persons providing personal support, professional
support, case management, transportation services, and services
through a Home and Community-Based Waiver or Advantage Waiver as
defined by Title XIX of the Social Security Act, Section 1915 (C);
3. "Gross receipts" means annual gross revenues received in
compensation for services rendered by a contracted community-based
service provider, but shall not include any amount received by a
contracted service provider as a charitable contribution or any
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amount received by a provider as compensation for services rendered
that is not reimbursed; and
4. "Medicaid" means the medical assistance program established
in Title XIX of the federal Social Security Act and administered in
the state by the Oklahoma Health Care Authority.
B. Information required to calculate the Home-Based Support
Quality Assurance Assessment provided in Section 4002 of Title 68 of
the Oklahoma Statutes for a contracted community-based service
provider shall be reported to the Oklahoma Health Care Authority
using forms supplied by the Oklahoma Health Care Authority.
C. The payment of the Home-Based Quality Assurance Assessment
by contracted community-based service providers shall be an
allowable cost for Medicaid reimbursement purposes.
D. 1. There is hereby created in the State Treasury a
revolving fund for the Oklahoma Health Care Authority to be
designated the "Home-Based Quality Assurance Fund".
2. The fund shall be a continuing fund, not subject to fiscal
year limitations, and shall consist of:
a. all monies received by the Oklahoma Health Care
Authority pursuant to Section 4002 of Title 68 of the
Oklahoma Statutes and otherwise specified or
authorized by law,
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b. monies received by the Oklahoma Health Care Authority
due to federal financial participation pursuant to
Title XIX of the Social Security Act, and
c. interest attributable to investment of money in the
Home-Based Quality Assurance Fund.
3. All monies accruing to the credit of the fund are
appropriated and may be budgeted and expended by the Oklahoma Health
Care Authority for Medicaid services provided by contracted
community-based service providers.
4. Expenditures from the fund shall be made upon warrants
issued by the State Treasurer against claims filed as prescribed by
law with the Director Chief Operating Officer of the Office of
Management and Enterprise Services for approval and payment.
5. The Home-Based Quality Assurance Fund and the programs
specified in this section that are funded by revenues collected from
the Home-Based Quality Assurance Assessment pursuant to this section
are exempt from budgetary cuts, reductions, or eliminations.
6. The reimbursement rate for contracted community-based
service providers shall be made in accordance with Oklahoma's
Medicaid reimbursement rate methodology and the provisions of this
section.
7. No contracted community-based service provider shall be
guaranteed, expressly or otherwise, that any additional costs
reimbursed to the contracted community-based service provider shall
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equal or exceed the amount of the Home-Based Quality Assurance
Assessment paid by the contracted community-based service provider.
E. 1. If federal financial participation pursuant to Title XIX
of the Social Security Act is not available to the Oklahoma Medicaid
program, for purposes of matching expenditures from the Home-Based
Quality Assurance Fund at the approved federal medical assistance
percentage for the applicable fiscal year, the Home-Based Quality
Assurance Assessment shall be null and void as of the date of the
nonavailability of such federal funding, through and during any
period of nonavailability.
2. If this section is invalidated by any court of last resort
under circumstances not covered in subsection F of this section, the
Home-Based Quality Assurance Assessment shall be void as of the
effective date of that invalidation.
3. If the Home-Based Quality Assurance Assessment is determined
to be void for any of the reasons enumerated in this section, any
Home-Based Quality Assurance Assessment assessed and collected for
any periods after such invalidation shall be returned in full within
sixty (60) days by the Oklahoma Health Care Authority to the
contracted community-based service provider from which it was
collected.
4. If any provision of this section, or the application
thereof, is determined by any court of last resort to prevent the
state from obtaining federal financial participation in the state
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Medicaid program, such provision shall be deemed void as of the date
of the nonavailability of such federal funding and through and
during any period of nonavailability.
F. 1. If any provision of this section or the application
thereof shall be adjudged to be invalid by any court of last resort,
such judgment shall not affect, impair or invalidate the remaining
provisions of the section, but shall be confined in its operation to
the provision thereof directly involved in the controversy in which
such judgment was rendered. The applicability of such provision to
other persons or circumstances shall not be affected thereby.
2. This subsection shall not apply to any judgment that affects
the rate of the Home-Based Quality Assurance Assessment, its
applicability to all contracted community-based service providers in
the state, the usage of the fee for the purposes prescribed in this
section, or the ability of the Oklahoma Health Care Authority to
obtain full federal participation to match its expenditures of the
proceeds of the assessment.
G. The Oklahoma Health Care Authority shall:
1. Promulgate rules for the implementation and enforcement of
the Home-Based Quality Assurance Assessment established by this
section; and
2. Provide for administrative penalties in the event a
contracted community-based service provider fails to:
a. submit the Home-Based Quality Assurance Assessment,
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b. submit the Home-Based Quality Assurance Assessment in
a timely manner, or
c. submit reports as required by this section or by the
Oklahoma Health Care Authority.
SECTION 297. AMENDATORY Section 1, Chapter 467, O.S.L.
2025 (57 O.S. Supp. 2025, Section 509A), is amended to read as
follows:
Section 509A. There is hereby created in the State Treasury a
revolving fund for the Department of Corrections to be designated
the "Prison Acquisition Revolving Fund". The fund shall be a
continuing fund, not subject to fiscal year limitations, and shall
consist of all monies designated for deposit by law. All monies
accruing to the credit of said fund are hereby appropriated and may
be budgeted and expended by the Department for the purpose of, on
behalf of the state, completing a purchase of a prison including
associated property and equipment from a private prison contractor.
Expenditures from said fund shall be made upon warrants issued by
the State Treasurer against claims filed as prescribed by law with
the Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment.
SECTION 298. AMENDATORY 57 O.S. 2021, Section 510.8C, is
amended to read as follows:
Section 510.8C. A. There is hereby created in the State
Treasury a revolving fund for the Office of Management and
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Enterprise Services to be designated the "Criminal Justice Pay for
Success Revolving Fund". The fund shall be a continuing fund, not
subject to fiscal year limitations, and shall consist of all monies
appropriated to the Criminal Justice Pay for Success Revolving Fund
and monies which may otherwise be available to the Office of
Management and Enterprise Services for use as provided for in this
section.
B. All monies appropriated to the fund shall be budgeted and
expended by the Office of Management and Enterprise Services for the
purpose of funding contracts for those criminal justice programs
that have outcomes associated with reducing public sector costs.
Pursuant to contract, the Office of Management and Enterprise
Services shall provide payment to social service providers for the
delivery of predefined criminal justice outcomes. The Office of
Management and Enterprise Services shall approve only those
contracts that meet the following requirements:
1. The social service provider can provide not less than Two
Million Dollars ($2,000,000.00) in capital to fund the delivery of
services necessary to achieve the predefined criminal justice
outcomes;
2. The social service provider can provide verifiable evidence
of successful completion rates of persons who participated in the
diversion or reentry program offered by the service provider; and
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3. Persons participating in the diversion or reentry programs
offered by the service provider are not under the custody or control
of the Department of Corrections.
C. Expenditures from the fund shall be made upon verification
by the Office of Management and Enterprise Services that successful
completion of the diversion or reentry program was achieved by the
participant pursuant to contract. Expenditures from the fund shall
be made upon warrants issued by the State Treasurer against claims
filed as prescribed by law with the Director Chief Operating Officer
of the Office of Management and Enterprise Services for approval and
payment.
SECTION 299. AMENDATORY 57 O.S. 2021, Section 510A, is
amended to read as follows:
Section 510A. There is hereby created in the State Treasury a
revolving fund for the Department of Corrections to be designated
the "Department of Corrections Offender Management System Revolving
Fund". The fund shall be a continuing fund, not subject to fiscal
year limitations, and shall consist of all monies directed for
deposit by law. All monies accruing to the credit of said fund are
hereby appropriated and may be budgeted and expended by the
Department of Corrections for the purpose of implementing and
administering an offender management system. Expenditures from said
fund shall be made upon warrants issued by the State Treasurer
against claims filed as prescribed by law with the Director Chief
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Operating Officer of the Office of Management and Enterprise
Services for approval and payment.
SECTION 300. AMENDATORY 57 O.S. 2021, Section 513.1, is
amended to read as follows:
Section 513.1. To satisfy the requirements of subsections A and
B of Section 513 of this title, and to timely acquire goods and
services that cannot be secured through normal purchasing and
invoice processes, there is hereby created a petty cash fund within
the Department of Corrections. The Director Chief Operating Officer
of the Office of Management and Enterprise Services and the Director
of the Department of Corrections are authorized to fix the maximum
amount of the petty cash fund, and the Director Chief Operating
Officer of the Office of Management and Enterprise Services shall
prescribe the rules and procedures for the administration of the
petty cash fund. The Department of Corrections is directed to
develop a written policy to specify which units, facilities and
institutions within the Department are authorized to make
disbursements from the petty cash fund.
SECTION 301. AMENDATORY 57 O.S. 2021, Section 521.1, is
amended to read as follows:
Section 521.1. A. The Reentry Policy Council shall be re-
created, and shall continue until July 1, 2023, pursuant to the
provisions of the Oklahoma Sunset Law, for the purpose of providing
oversight of the reentry policies and programs operated by the
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Department of Corrections. The Council shall consist of eleven (11)
members and shall be appointed as follows:
1. Three members shall be appointed by the Governor as follows:
a. one member shall be a law enforcement officer,
b. one member shall be a corrections official, and
c. one member shall be a crime victim;
2. Four members shall be appointed by the Speaker of the
Oklahoma House of Representatives as follows:
a. one member shall be a member of the Oklahoma House of
Representatives,
b. one member shall be a representative of a faith-based
organization involved with the reintegration of
inmates,
c. one member shall be a person who has been previously
convicted of a criminal offense in Oklahoma, and
d. one member shall be a mental health and substance
abuse official; and
3. Four members shall be appointed by the President Pro Tempore
of the Oklahoma State Senate as follows:
a. one member shall be a member of the Oklahoma State
Senate,
b. one member shall be a representative from a for-profit
halfway house who specializes in reintegration of
inmates,
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c. one member shall be a representative from a nonprofit
entity involved with the reintegration of inmates, and
d. one member shall be a district attorney, or his or her
designee.
B. The Council shall:
1. Review corrections policies, programs and procedures to
ensure that the primary purpose of each is public safety during
imprisonment and after release;
2. Identify gaps in reentry programs and services as well as
overlapping efforts, and recommend changes to address those issues;
3. Review policies to ensure that corrections facilities
recruit and welcome volunteers;
4. Review the licensing procedures within this state to
eliminate barriers to employment that are unrelated to the conduct
underlying the conviction; and
5. Report annually to the Legislature and the Governor on the
progress of the reentry initiative, including the impact on
recidivism, effectiveness of agency coordination and communications,
and the implementation of reentry plans and use of funding.
C. 1. Legislative members of the Council shall be reimbursed
for their necessary travel expenses incurred in the performance of
their duties in accordance with Section 456 of Title 74 of the
Oklahoma Statutes from the legislative body in which they serve.
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2. State agency employees who are members of the Council shall
be reimbursed for their travel expenses incurred in the performance
of their duties by their respective agencies in accordance with the
State Travel Reimbursement Act.
3. All other Council members shall be reimbursed by the Office
of Management and Enterprise Services for travel expenses incurred
in the performance of their duties on the Council in accordance with
the State Travel Reimbursement Act.
SECTION 302. AMENDATORY 57 O.S. 2021, Section 521.2, is
amended to read as follows:
Section 521.2. A. There is hereby created until July 1, 2010,
the "Transformational Justice Interagency Task Force". The
Transformational Justice Interagency Task Force shall be composed of
the following members:
1. The Director of the Department of Corrections, or a
designee;
2. The Executive Director of the Office of Juvenile Affairs, or
a designee;
3. The Attorney General, or a designee;
4. The State Commissioner of Health, or a designee;
5. The Director of the Department of Human Services, or a
designee;
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6. The Commissioner of Mental Health and Substance Abuse
Services, or a designee;
7. The Presiding Judge of the Oklahoma Court of Criminal
Appeals, or a designee;
8. The Executive Coordinator of the District Attorneys Council,
or a designee;
9. The Executive Director of the Oklahoma Indigent Defense
System, or a designee;
10. Two members of the Oklahoma House of Representatives
appointed by the Speaker of the Oklahoma House of Representatives;
and
11. Two members of the Oklahoma State Senate appointed by the
President Pro Tempore of the Senate.
B. The chair shall be appointed by the Speaker of the Oklahoma
House of Representatives on or before December 1, 2007. The vice-
chair shall be appointed by the President Pro Tempore of the
Oklahoma State Senate on or before December 1, 2007. The chair
shall convene the first meeting of the Task Force on or before
January 1, 2008. The members of the Task Force shall elect any
other officers during the first meeting and upon a vacancy in any
office. The Task Force shall meet as often as necessary. Task
Force members employed by the state shall be reimbursed for travel
expenses related to their service on the Task Force by their
respective agencies pursuant to the provisions of the State Travel
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Reimbursement Act. Legislative members of the Task Force shall be
reimbursed for their necessary travel expenses incurred in the
performance of their duties in accordance with Section 456 of Title
74 of the Oklahoma Statutes. Remaining Task Force members shall be
reimbursed travel expenses related to their service on the Task
Force by their appointing authorities pursuant to the provisions of
the State Travel Reimbursement Act.
C. The Transformational Justice Interagency Task Force shall:
1. Establish goals for reducing the rate of recidivism among
inmates;
2. Coordinate the reentry programs of the state to help inmates
find jobs, housing, substance abuse treatment, medical care, and
mental health services;
3. Ensure that those who supervise offenders in prison are
linked to those that will supervise them after release;
4. Identify methods to improve collaboration and coordination
of reentry programs and services, including cross-training,
management information systems that are accessible to partner
agencies, screening procedures to assess and refer efficiently
across federal, state and local boundaries, and policies and
procedures that measure offender reentry management with well-
defined performance-based outcomes;
5. Seek partnerships with faith-based and community groups to
provide programs and services;
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6. Identify effective evidence-based practices in reentry
support, treatment and intervention programs;
7. Encourage expansion of family-based treatment centers that
offer family-based comprehensive treatment services for parents and
their children as a complete family unit;
8. Develop and establish a parenting skills program to be
implemented by the Department of Corrections for inmates who are
within one (1) year of being released from incarceration. The
parenting skills program shall provide education and training to
develop and enhance inmate parenting skills with an emphasis on
providing techniques to teach the inmate how to raise a healthier
child who will be less at risk of engaging in future criminal
activities;
9. Establish collaboration among corrections and community
corrections, technical schools, community colleges, and the
workforce development and employment service sectors to:
a. promote, where appropriate, the employment of people
released from prison and jail, through federal efforts
such as educating employers about existing financial
incentives and facilitate the creation of job
opportunities, including transitional jobs, for this
population that will benefit communities,
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b. connect inmates to employment, including supportive
employment and employment services, before their
release to the community, and
c. address barriers to employment;
10. Include victims in the reentry process and facilitate
victim-offender dialogue when the victim is willing; and
11. Communicate regularly with local agencies and faith-based
and community groups.
D. There is hereby created in the State Treasury a revolving
fund for the Office of Faith-Based Initiatives to be designated the
"Reintegration of Inmates Revolving Fund". The fund shall be a
continuing fund, not subject to fiscal year limitations, and shall
consist of monies received from appropriated funds to be used for
grants to volunteer organizations including, but not limited to,
faith-based organizations which provide health, educational or
vocational training and programs that assist the reintegration
efforts of the Reentry Policy Council. All monies accruing to the
credit of the fund are hereby appropriated and may be budgeted and
expended by the Office of Faith-Based Initiatives. Expenditures
from the fund shall be made upon warrants issued by the State
Treasurer against claims filed as prescribed by law with the
Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment.
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E. There is hereby created in the State Treasury a revolving
fund for the Department of Corrections to be designated the
"Transformational Justice Revolving Fund". The fund shall be a
continuing fund, not subject to fiscal year limitations, and shall
consist of monies received from appropriated funds to be used for
bonuses to corrections officials who demonstrate improvement in
recidivism rates of inmates that were previously under the custody
of the Department of Corrections. All monies accruing to the credit
of the fund are hereby appropriated and may be budgeted and expended
by the Department of Corrections. Expenditures from the fund shall
be made upon warrants issued by the State Treasurer against claims
filed as prescribed by law with the Director Chief Operating Officer
of the Office of Management and Enterprise Services for approval and
payment.
F. The Department of Corrections shall develop rules and
policies which ensure that recidivism rates are included in the
performance reviews, promotions and compensation adjustments of
correctional officers.
SECTION 303. AMENDATORY 57 O.S. 2021, Section 537.1, is
amended to read as follows:
Section 537.1. A. There is hereby created in the State
Treasury a revolving fund for the Department of Corrections to be
designated the "Department of Corrections Inmate and Employee
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Welfare and Canteen System Support Revolving Fund". The fund shall
be a continuing fund, not subject to fiscal year limitations, and
shall consist of all profits generated from the canteen system, any
inmate telephone system and any inmate electronic mail system. All
monies accruing to the credit of the fund are hereby appropriated
and may be budgeted and expended by the Department of Corrections
and the Canteen System Board of Directors for the benefit of inmates
of the various institutions and personnel of the Department and to
support canteen system operations according to written Department
policy, welfare budget limitations, and upon approval of the Canteen
System Board. Expenditures from the fund shall be made upon
warrants issued by the State Treasurer against claims filed as
prescribed by law with the Director Chief Operating Officer of the
Office of Management and Enterprise Services for approval and
payment. All expenditures from this fund shall comply with the
applicable provisions of The Oklahoma Central Purchasing Act, unless
specifically exempted by subsection E of Section 537 of this title.
B. All cash balances credited to the various Department canteen
fund accounts that were previously budgeted and approved for inmate
and staff welfare expenditures prior to November 1, 2008, but are
not encumbered or expended as of June 30, 2008, shall be transferred
to the Department of Corrections Inmate and Employee Welfare and
Canteen System Support Revolving Fund upon implementation of the
Department of Corrections consolidated canteen, trust and
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restitution accounting system. Effective November 1, 2008, profits
generated from the canteen system, any inmate telephone systems, and
any inmate electronic mail systems shall be identified and deposited
in the Department of Corrections Inmate and Employee Welfare and
Canteen System Support Revolving Fund.
SECTION 304. AMENDATORY 57 O.S. 2021, Section 541, is
amended to read as follows:
Section 541. A. There is hereby created in the State Treasury
an Industries Revolving Fund for the Department of Corrections.
B. The revolving fund shall consist of earnings derived from
prison industries operated by the Department of Corrections and from
that portion of the prisoner's income apportioned and paid into the
prison system to recover the cost of incarceration of the prisoners
as provided by law. Funds derived from prisoner wages shall be
maintained and accounted for separately in this fund. The
Industries Revolving Fund shall be a continuing fund, not subject to
fiscal year limitations, and shall be under the control and
management of the State Board of Corrections.
C. Expenditures from the Industries Revolving Fund shall be
budgeted and expended pursuant to the laws of the state and the
statutes relating to public finance and to the institution. The
fund may be used to purchase, maintain and repair machinery, to
purchase materials and supplies for the prison industries and to
defray any other expenses necessary to operation of the industries,
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with first priority being given to repairs, replacement and
modernization of industrial or agricultural machinery or equipment.
These funds may also be used to support the overall operation of the
Department of Corrections subject to approval of the Director of the
Department of Corrections. Expenditures from the fund derived from
prisoner's income may be used for the maintenance of prisoners in
prison institutions and all expenses related thereto under such
rules as may be established by the State Board of Corrections.
Warrants for expenditures from the Industries Revolving Fund shall
be based on claims signed by an authorized employee or employees of
the Department, and approved for payment by the Director Chief
Operating Officer of the Office of Management and Enterprise
Services. The Department shall maintain a separate accounting of
receipts and expenditures for each industry for periodic review by
the Legislature. The fund may not be used to employ personnel in
excess of those authorized by legislative action.
D. All funds in the Department of Corrections' Industries
Revolving Funds not encumbered or obligated upon the operative date
of this section shall be transferred to a single Industries
Revolving Fund of the Department of Corrections.
E. The Administrator of Industrial Production will determine
the prices of all goods produced through the state prison
industries, and the Administrator of Agri-Services will determine
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the prices of all goods produced by Agri-Service units. These
prices will be filed with the Budget Office.
When industrial or agricultural items or products are furnished
to the institutions of the Department, or sold to other governmental
agencies, payment therefor shall be made within thirty (30) days for
deposit in the revolving account to be used in purchasing expendable
items, raw materials or other items needed to produce additional
such products or items, and for such other purposes as are
authorized by law. The Administrator of Industrial Production or
Administrator of Agri-Services may establish higher prices for sale
of products to governmental agencies, according to the current
market value of each product.
F. The Department of Corrections is authorized to pay inmates
for productive work in accordance with policies set by the State
Board of Corrections. The State Board of Corrections shall certify
the positions to be paid and the rate of pay in accordance with the
responsibilities and skills required for the position. The
Department of Corrections shall develop policies for payment of
inmates in the Industries Program that promote productivity as well
as compensate for responsibilities and skills. The Department shall
file such policy statements with the Chairs of the appropriate
committees of both the Senate and the House of Representatives as
designated by the President Pro Tempore of the Senate and the
Speaker of the House of Representatives. Any change in this policy
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by the State Board of Corrections may be voided by legislative
action to rescind such policy.
SECTION 305. AMENDATORY 57 O.S. 2021, Section 557, is
amended to read as follows:
Section 557. A. There is hereby created in the State Treasury
a revolving fund for the Department of Corrections to be known as
the Department of Corrections Revolving Fund. This revolving fund
shall consist of monies received by each institution of the
Department as reimbursements for noninmate individual food
consumption; reimbursements from other state agencies and entities
of government; receipts from sale of excess by-products, excess
property, and salvage items; receipts from other ancillary services
of the institution, not otherwise provided by law; receipts from the
fees provided for in Sections 982 and 991d of Title 22 of the
Oklahoma Statutes; monitoring fees for electronically monitored home
detention; receipts from the fees provided for in Section 153 of
Title 28 of the Oklahoma Statutes for convictions for driving under
the influence of alcohol or other intoxicating substance; monies
received for providing primary health care and outpatient services
to prisoners in county jails; receipts by the Department for
institutional care from wages earned by inmates while participating
in the work release program; funds for prison rodeos and other
special events; and any other receipts accruing to the credit of the
Department of Corrections which are not directed by law to be
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deposited in another fund. Expenditures from said fund shall be for
the general operating expenses of the Department of Corrections.
B. The Department of Corrections Revolving Fund shall also
consist of those monies that are transferred to it by the Department
of Corrections from the Industries Revolving Fund of the Department
of Corrections for purposes as provided for in Section 541 of this
title and expenditures shall be in accordance therewith. On July 1,
1983, any cash remaining in the Department of Corrections Industries
Subsidiary Revolving Fund in excess of allotment balances or
encumbrances for the fiscal year ending June 30, 1983, shall be
transferred to the Department of Corrections Revolving Fund and on
November 15, 1983, all cash remaining in the Department of
Corrections Industries Subsidiary Revolving Fund shall be
transferred to the Department of Corrections Revolving Fund.
C. The fund created by subsection A of this section shall be a
continuing fund, under the control of the administrative authority
of the Department of Corrections, and not subject to fiscal year
limitations. Expenditures shall be made pursuant to the laws of the
state and the statutes relating to the Department of Corrections and
its institutions, and without legislative appropriation. Warrants
for expenditures from said revolving fund shall be based on claims
signed by an authorized employee or employees of the Department of
Corrections and approved for payment by the Director Chief Operating
Officer of the Office of Management and Enterprise Services.
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SECTION 306. AMENDATORY 57 O.S. 2021, Section 557.2, is
amended to read as follows:
Section 557.2. There is hereby created in the State Treasury a
revolving fund for the Community Sentencing Division within the
Department of Corrections to be designated the "Oklahoma Community
Sentencing Revolving Fund". The fund shall be a continuing fund,
not subject to fiscal year limitations, and shall consist of all
funds appropriated to it by the Legislature, grants, gifts, bequests
and any other lawful money received for the benefit of the statewide
community sentencing system. All funds received shall be deposited
to the fund. All monies accruing to the credit of said fund are
hereby appropriated and may be budgeted and expended by the Division
for state funding to approved community sentencing systems
established pursuant to the provisions of the Oklahoma Community
Sentencing Act. Expenditures from said fund shall be made upon
warrants issued by the State Treasurer against claims filed as
prescribed by law with the Director Chief Operating Officer of the
Office of Management and Enterprise Services for approval and
payment.
SECTION 307. AMENDATORY 57 O.S. 2021, Section 561, is
amended to read as follows:
Section 561. A. The Department of Corrections is hereby
authorized to provide for incarceration, supervision, and
residential treatment at facilities other than those operated by the
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Department of Corrections. Services offered for persons under the
custody or supervision of the Department are to include, but not be
limited to, housing, alcoholism or drug treatment, mental health
services, nursing home care, or halfway house placement. Such
services must meet standards prescribed and established by the State
Board of Corrections for implementing such a program, including but
not limited to standards concerning internal and perimeter security,
discipline of inmates, educational and vocational training programs,
employment of inmates, and proper food, clothing, housing, and
medical care. Such services must be contracted for in accordance
with Section 85.7 of Title 74 of the Oklahoma Statutes. Such
services, if provided by private prison contractors, shall be
contracted for as required by this section.
B. The Department of Corrections is authorized to lease
existing facilities or portions thereof from private prison
contractors, counties or other governmental entities and operate
such facilities or portions thereof in the same manner as other
state owned and operated prison facilities. All lease agreements
entered into pursuant to this section shall be negotiated between
the Department and the lessor. The Office of Management and
Enterprise Services shall assist in the negotiations if requested by
the Department of Corrections.
C. Subject to the requirements of this section and Section
561.1 of this title, the Department of Corrections is hereby
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authorized to provide for the construction or operation or both
construction and operation of correctional institutions of the
Department of Corrections by private prison contractors. Such
operation shall meet standards prescribed by the State Board of
Corrections, including but not limited to, standards concerning
internal and perimeter security, discipline of inmates, educational
and vocational training programs, and proper food, clothing,
housing, transportation, and medical care. Such services shall be
contracted for in accordance with the provisions of Section 561.1 of
this title and the provisions of this section.
D. A comprehensive file for all private prison contractors
interested in and capable of operating an institution within the
Department of Corrections or providing for the housing, care, and
control of inmates in a facility owned and operated by the
contractor shall be maintained by the Department. These files shall
include:
1. A completed application form;
2. A resume of the contractor's staff and capability;
3. A completed performance evaluation form for past projects on
which the contractor has provided private prison services;
4. A list of past contracts with this state;
5. A list of contracts to provide similar services to other
states or to the United States; and
6. The mailing address of each private prison contractor.
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Any person or firm wishing to be a private prison contractor may
request at any time to be included in the comprehensive file, and
shall be provided necessary forms within twenty (20) days of the
request and the Department shall add such contractor to the list
within twenty (20) days of receipt of a properly completed
application.
The Department may solicit evaluation of work done by private
prison contractors from members of the private sector, which
evaluation shall be part of the comprehensive file.
E. If the Department intends to secure the services of a
private prison contractor, all persons and firms included in the
file shall be notified through the mail of such intent. Such
notification shall contain the following information:
1. Description and scope of the project or projects;
2. Estimated time schedule for project;
3. Last date for submitting notice of interest in performing
services to the Director; and
4. Other pertinent data.
Private prison contractors desiring consideration shall meet the
requirements of this section and to be considered shall submit a
letter expressing interest in the project to the Department within
thirty (30) days of the postmark date of the letter of notification
mailed by the Department. Contractors shall file an updated
application form at the request of the Department.
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F. The Department shall define the scope of a proposed project,
determine the various project components, phases and timetables, and
prepare detailed project descriptions to guide prospective
contractors. Before the Department awards a contract to a private
prison contractor, the plans shall be approved by the State Board of
Corrections.
G. The Department shall review the files of the private prison
contractors desiring consideration for the project. After
performing the analysis required by Section 561.1 of this title, the
Department shall select no less than three and no more than five
contractors for more detailed consideration. In the event
interviews for more than one contract are being considered at the
same time, the number of contractors selected for more detailed
consideration should be at least twice the number of contracts
contemplated. This initial screening should consider the
requirements of the project, as well as the following factors to be
determined from the comprehensive file, and replies to inquiries to
former clients:
1. Specialized experience in the type of work contemplated;
2. Capacity of the contractor to accomplish the work in the
required time; and
3. Past performance, from the performance evaluation form.
H. A full report of the evaluation procedures and
recommendations of the Department shall be prepared by the
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Department and submitted to the State Board of Corrections for the
independent review of the entire process.
I. 1. The Department shall select the contractor whose
qualifications and project proposal most substantially meet the
criteria of the project description.
2. The Department shall execute the contract with the selected
contractor, which contract shall include a fair and reasonable fee.
3. The negotiated scope and fee shall be reported to the Board
for the approval of the award of the contract.
J. The Office of Management and Enterprise Services shall
render assistance to the Department of Corrections in implementing
the contracting procedures provided for in this section. The Office
of Management and Enterprise Services may have a representative at
any meeting involving negotiations of a contract between the
Department and a private prison contractor. Before submission of
the proposed contract to the Council on Bond Oversight, and prior to
the date as of which the proposed contract is executed by the State
Board of Corrections, the Attorney General and the Director Chief
Operating Officer of the Office of Management and Enterprise
Services shall review the proposed final version of the contract.
The Attorney General and the Director Chief Operating Officer of the
Office of Management and Enterprise Services shall have a period of
fifteen (15) days from receipt of the proposed final version of the
contract to approve the contract and execute the document. If
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either the Attorney General or the Director Chief Operating Officer
of the Office of Management and Enterprise Services has objections
to the proposed contract, the objections shall be communicated in
writing to the Department of Corrections. The Department of
Corrections shall take appropriate action regarding the objections
and shall resubmit the proposed contract for additional review. The
Attorney General and the Office of Management and Enterprise
Services shall have an additional fifteen-day period to approve the
proposed contract and to execute the document. Failure of the
Attorney General or the Director Chief Operating Officer of the
Office of Management and Enterprise Services, respectively, to act
within the fifteen-day period shall constitute approval of the
respective official to the proposed final version of the contract.
The contract shall contain a separate signature block or line for
signature by the Attorney General and the Office of Management and
Enterprise Services. The contract shall contain a statement to be
executed by the Attorney General and the Director Chief Operating
Officer of the Office of Management and Enterprise Services that
each one of them, respectively, has reviewed the proposed contract
for compliance with the provisions of this section and Section 561.1
of this title, and all other applicable provisions of law and that
the contract conforms with those requirements. Neither the private
prison contractor nor the State Board of Corrections shall execute
the contract until the document has been executed by the Attorney
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General and the Director Chief Operating Officer of the Office of
Management and Enterprise Services as required by this subsection
unless the approval of the respective official has been made as a
result of failure to take action within the fifteen-day period
prescribed by this subsection.
K. The Director Chief Operating Officer of the Office of
Management and Enterprise Services is authorized to lease real
property and improvements thereon to a private prison contractor in
conjunction with a contract for private management of a state
correctional institution located or to be built on the property.
Said lease may be entered into for one (1) year periods, renewable
at the sole option of the State of Oklahoma, but not to exceed a
cumulative period of fifty (50) years.
L. Contracts awarded to private prison contractors pursuant to
the provisions of this section shall be entered into for a period
specified in each contract, subject to availability of funds
annually appropriated by the Legislature for that purpose. No
contract awarded pursuant to this section shall provide for the
encumbrance of funds beyond the amount available for a fiscal year.
M. No contract authorized by the provisions of this section
shall be awarded until the private prison contractor demonstrates to
the satisfaction of the State Board of Corrections:
1. That the contractor possesses the necessary qualifications
and experience to provide the services specified in the contract;
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2. That the contractor can provide the necessary qualified
personnel to implement the terms of the contract;
3. That the financial condition of the contractor is such that
the terms of the contract can be fulfilled;
4. That the contractor has the ability to comply with
applicable court orders and corrections standards; and
5. That, in the case of a contractor who will be providing the
services in a nondepartmental facility operated by said contractor,
the contractor shall be able to meet accreditation standards and
receive accreditation, as required by the terms of the contract
pursuant to subsection C of Section 561.1 of this title.
N. No contract authorized by the provisions of this section
shall be awarded until the private prison contractor demonstrates to
the satisfaction of the Board that the contractor can obtain
insurance or provide self-insurance to:
1. Indemnify the state against possible lawsuits arising from
the operation of prison facilities by the contractor; and
2. Compensate the state for any property damage or expenses
incurred due to the operation of prison facilities.
O. A private prison contractor shall not be bound by state laws
or other legislative enactments governing the appointment,
qualifications, duties, salaries, or benefits of wardens,
superintendents, or other correctional employees, except that any
personnel authorized to carry and use firearms shall comply with the
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certification standards required by the provisions of Section 3311
of Title 70 of the Oklahoma Statutes and be authorized to use
firearms only to prevent a felony, to prevent escape from custody,
or to prevent an act which would cause death or serious bodily
injury to the personnel or to another person.
P. Any offense which would be a crime if committed within a
state correctional institution also shall be a crime if committed in
an institution or facility operated by a private prison contractor.
Q. The Director or his designee shall monitor the performance
of the contractor.
SECTION 308. AMENDATORY 57 O.S. 2021, Section 561.1, is
amended to read as follows:
Section 561.1. A. Except as otherwise provided by subsection K
of this section, prior to entering into a contract with any private
prison contractor for construction or operation, or both, of a
correctional facility, the Department of Corrections shall establish
a process for requesting proposals or negotiated contracts from such
contractors. The Department of Corrections shall develop criteria
for the process by which a contractor for the construction or
operation, or both, of a private prison is to be awarded a contract.
The criteria shall be subject to approval by the State Board of
Corrections. The criteria for selection of a site for a proposed
facility to be constructed or operated, or both, by a private
contractor shall include, but shall not be limited to, the
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availability of medical services, support services, transportation
services and the availability of potential employees who would be
qualified to perform required functions at a state correctional
facility.
B. Any contract between the Department of Corrections and a
private prison contractor, whereby the contractor provides for the
housing, care, and control of inmates in a nondepartmental facility
operated by the contractor, shall contain, in addition to other
provisions, terms and conditions:
1. Requiring the contractor to provide said services in a
facility which meets accreditation standards established by the
American Correctional Association;
2. Requiring the contractor to receive accreditation for said
facility from the American Correctional Association, within three
(3) years of commencement of operations of the facility;
3. Requiring the contractor to obtain written authorization
from the governing board of any municipality in which the facility
is to be located, or if the facility is not to be located within a
municipality, written authorization from the board of county
commissioners of the county in which the facility is to be located;
and
4. Granting the Department the option at the beginning of each
fiscal year pursuant to an agreement, to purchase any such facility,
with or without inventory or other personal property, at a
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predetermined price, which shall be negotiated and included in a
schedule or a formula to be contained in the original agreement.
Such agreements relating to a correctional facility, the
construction of which was financed or is to be financed by
obligations issued from a local governmental entity the repayment of
which is to be made in whole or in part from rentals from the State
of Oklahoma or the Department of Corrections, shall be submitted to
the Council on Bond Oversight as provided in subsection I of this
section.
C. A contractor proposing to enter a contract with the
Department of Corrections for construction or operation, or both, of
a correctional facility pursuant to this section must demonstrate:
1. The qualifications and the operations and management
experience to carry out the terms of the contract; and
2. The ability to comply with the standards of the American
Correctional Association and with specific court orders.
D. In addition to meeting the requirements specified in the
requests for proposals, a proposal for the construction and
operation of a correctional facility must:
1. Provide for regular, on-site monitoring by the Department of
Corrections;
2. Acknowledge that payment by the state is subject to the
availability of appropriations;
3. Provide for payment of a maximum amount per fiscal year;
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4. Demonstrate a cost benefit to the State of Oklahoma when
compared to the level and quality of programs provided by state-
operated facilities that have similar types of inmates at an
operational cost not more than the cost of housing inmates in
similar facilities and providing similar programs to those types of
inmates in state-operated facilities. The Department of Corrections
shall be responsible for determining the cost/benefit of the
proposal;
5. Permit the state to terminate the contract for cause;
6. Contain a proposed per diem operational cost per inmate for
the initial year and subsequent years of operations;
7. Subject to appropriations, provide that cost adjustments may
be made only once each fiscal year, to take effect at the beginning
of the next fiscal year using as the maximum percentage increase, if
any, an increase not to exceed the previous year's Consumer Price
Index for All Urban Consumers (CPI-U) as prepared by the United
States Bureau of Labor Statistics, except as otherwise provided by
subsection K of this section;
8. Have an initial contract term of not more than one (1) year,
with an option to renew for additional periods not to exceed twenty
(20) years;
9. If the proposal includes construction of a facility, contain
a performance bond approved by the Department that is adequate and
appropriate for the proposed contract;
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10. Provide for assumption of liability by the private vendor
for all claims arising from the services performed under the
contract by the private vendor;
11. Provide for an adequate plan of insurance for the private
vendor and its officers, employees, and agents against all claims,
including claims based on violations of civil rights arising from
the services performed under the contract by the private vendor;
12. Provide for an adequate plan of insurance to protect the
state against all claims arising from the services performed under
the contract by the private vendor and to protect the state from
actions by a third party against the private vendor, its officers,
employees, and agents as a result of the contract;
13. Provide plans for the purchase and assumption of operations
by the state in the event of the bankruptcy of the private vendor;
and
14. Contain comprehensive standards for conditions of
confinement.
E. At the beginning of each fiscal year, the Department of
Corrections shall determine the budgeted average daily cost per
inmate. The budgeted average daily cost per inmate shall include
all direct and indirect costs incurred by the Department. There
shall be a separate computation of budgeted average daily cost for
maximum security, medium security, minimum security, and community
facilities. This information shall be presented to the State Board
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of Corrections for informational purposes only. After the close of
each fiscal year, the Department shall determine the actual average
daily cost per inmate for the operational costs at each major
category of correctional facility. The actual average daily cost
per inmate shall include all direct and indirect costs incurred by
the Department. There shall be a separate computation of the
average daily rate for maximum security, medium security, minimum
security, and community facilities. The Department shall present to
the State Board of Corrections at its January meeting comparative
data on budgeted daily cost versus actual daily cost, and, after
appropriate review and analysis, the Board shall adopt as a final
action of the Board an average daily cost per inmate by facility
category for the immediately preceding fiscal year.
F. If a request for proposal process is utilized and no
proposals conform to the established criteria, the Department shall
prepare an additional request for proposals. The Department of
Corrections shall evaluate the proposals within thirty (30) days of
receipt from the prospective contractor. The Department of
Corrections shall specifically determine whether a proposal meets
the requirements of paragraph 4 of subsection D of this section by
comparing the daily rate for housing and care of inmates pursuant to
any proposed contract with a private contractor to the daily rate
for housing and care of inmates at the comparable type of facility
operated by the Department of Corrections using the information
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provided pursuant to paragraph 6 of subsection D of this section.
The Department shall evaluate proposals taking into account any
direct or indirect costs that would continue to be paid by the
Department of Corrections including, but not limited to,
transportation, records management, discipline, general
administration, management of inmate trust funds, and major medical
coverage. Such costs shall be added to the proposed per diem of the
private vendor when comparing the total per diem costs of the state
operating facilities.
G. If the Department of Corrections proposes to enter into a
contract for the construction or the operation, or both, of a
private prison, the Department shall compare both the capital costs
and the operating costs for the facility to the imputed capital
costs and the projected operating costs of a comparable facility
constructed and operated by the Department of Corrections.
H. The Department of Corrections shall deliver to the State
Board of Corrections the top three qualified prospective private
prison contractors identified pursuant to this section and pursuant
to Section 561 of this title together with the information reviewed
and analyzed by the Department of Corrections during analysis of the
proposals as required by this section. The Board of Corrections
shall evaluate the information provided and shall make a final
decision selecting the contractor within fifteen (15) days of
receipt of the information.
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I. Any contract subject to the provisions of this section
entered into by the Board of Corrections shall be subject to the
approval of the Council on Bond Oversight in the same manner as
provided by law for the review of issuance of obligations by State
Governmental Entities as prescribed by Section 695.8 of Title 62 of
the Oklahoma Statutes.
J. Before submission of the proposed contract to the Council on
Bond Oversight, and prior to the date as of which the proposed
contract is executed by the Board of Corrections, the Attorney
General and the Director Chief Operating Officer of the Office of
Management and Enterprise Services shall review the proposed final
version of the contract. The Attorney General and the Director
Chief Operating Officer of the Office of Management and Enterprise
Services shall have a period of fifteen (15) days from receipt of
the proposed final version of the contract to approve the contract
and execute the document. If either the Attorney General or the
Director Chief Operating Officer of the Office of Management and
Enterprise Services has objections to the proposed contract, the
objections shall be communicated in writing to the Department of
Corrections. The Department of Corrections shall take appropriate
action regarding the objections and shall resubmit the proposed
contract for additional review. The Attorney General and the Office
of Management and Enterprise Services shall have an additional
fifteen-day period to approve the proposed contract and to execute
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the document. Failure of the Attorney General or the Director Chief
Operating Officer of the Office of Management and Enterprise
Services, respectively, to act within the fifteen-day period shall
constitute approval of the respective official to the proposed final
version of the contract. The contract shall contain a separate
signature block or line for signature by the Attorney General and
the Office of Management and Enterprise Services. The contract
shall contain a statement to be executed by the Attorney General and
the Director Chief Operating Officer of the Office of Management and
Enterprise Services that each one of them, respectively, has
reviewed the proposed contract for compliance with the provisions of
this section and Section 561 of this title, and all other applicable
provisions of law and that the contract conforms with those
requirements. Neither the private prison contractor nor the State
Board of Corrections shall execute the contract until the document
has been executed by the Attorney General and the Director Chief
Operating Officer of the Office of Management and Enterprise
Services as required by this subsection unless the approval of the
respective official has been made as a result of failure to take
action within the fifteen-day period prescribed by this subsection.
K. The State Board of Corrections may renew a private prison
contract which is in effect for any time period during the fiscal
year ending June 30, 2009, if the Board determines that the renewal
of such contract will result in a reduced per diem in the fiscal
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year ending June 30, 2010. If the State Board of Corrections makes
such determination, the contract shall not be subject to the
restrictions of paragraph 7 of subsection D of this section and the
Board shall negotiate the contract based upon such terms as the
Board deems to be in the best interest of operational efficiency,
including the inmate population, per inmate cost, public safety and
such other terms as the State Board of Corrections determines to be
relevant to such contract. The State Board of Corrections shall
have the authority to negotiate the term of any contract executed
pursuant to the provisions of this subsection subject to the
availability of appropriations to the Department of Corrections each
year.
SECTION 309. AMENDATORY 57 O.S. 2021, Section 561.4, is
amended to read as follows:
Section 561.4. There is hereby created in the State Treasury a
revolving fund for the Department of Corrections to be designated
the "Private Prison and Halfway House Capacity Development Revolving
Fund". The fund shall be a continuing fund, not subject to fiscal
year limitations, and shall consist of all monies received by the
Department of Corrections from such sources as may be provided by
law. All monies accruing to the credit of said fund are hereby
appropriated and may be budgeted and expended by the Department of
Corrections for the purpose of making payments required pursuant to
contracts with entities owning and operating private prisons
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according to the requirements of Section 561.5 of this title.
Expenditures from said fund shall be made upon warrants issued by
the State Treasurer against claims filed as prescribed by law with
the Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment.
SECTION 310. AMENDATORY 59 O.S. 2021, Section 154, is
amended to read as follows:
Section 154. There is hereby created in the State Treasury a
revolving fund for the Board of Podiatric Medical Examiners, to be
designated as the "Board of Podiatric Medical Examiners' Revolving
Fund". The fund shall be a continuing fund, not subject to fiscal
year limitations, and shall consist of all monies received by the
Board pursuant to the provisions of the Podiatric Medicine Practice
Act. All monies accruing to the credit of said fund are hereby
appropriated and may be budgeted and expended by the Board for the
purpose of implementing and enforcing the provisions of the
Podiatric Medicine Practice Act. Expenditures from said fund shall
be made upon warrants issued by the State Treasurer against claims
signed by the secretary-treasurer of the Board or by an authorized
employee or employees of the Board and filed as prescribed by law
with the Director Chief Operating Officer of the Office of
Management and Enterprise Services for approval and payment.
SECTION 311. AMENDATORY 59 O.S. 2021, Section 161.20, is
amended to read as follows:
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Section 161.20. There is hereby created in the State Treasury a
revolving fund for the Board of Chiropractic Examiners, to be
designated as the "Board of Chiropractic Examiners' Revolving Fund".
The fund shall be a continuing fund, not subject to fiscal year
limitations, and shall consist of all monies received by the Board
pursuant to the provisions of the Oklahoma Chiropractic Practice
Act. All monies accruing to the credit of said fund are hereby
appropriated and may be budgeted and expended by the Board for the
purpose of implementing and enforcing the provisions of the Oklahoma
Chiropractic Practice Act. Expenditures from said fund shall be
made upon warrants issued by the State Treasurer against claims
signed by the secretary-treasurer of the Board or by an authorized
employee or employees of the Board and filed as prescribed by law
with the Director Chief Operating Officer of the Office of
Management and Enterprise Services for approval and payment.
SECTION 312. AMENDATORY 59 O.S. 2021, Section 199.15, is
amended to read as follows:
Section 199.15. A. There is hereby created in the State
Treasury for the State Board of Cosmetology and Barbering a
revolving fund to be designated the State Cosmetology and Barbering
Fund. The fund shall be a continuing fund not subject to fiscal
year limitations and shall consist of all fees and penalties
collected pursuant to the Oklahoma Cosmetology and Barbering Act or
rules promulgated thereto and any other funds obtained or received
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by the State Board of Cosmetology and Barbering pursuant to the
Oklahoma Cosmetology and Barbering Act. All monies accruing to the
credit of said fund are hereby appropriated and may be budgeted and
shall be expended by the Board for the purposes of implementing,
administering and enforcing the Oklahoma Cosmetology and Barbering
Act. Expenditures from the fund shall be made upon warrants issued
by the State Treasurer against claims filed as prescribed by law
with the Director Chief Operating Officer of the Office of
Management and Enterprise Services for approval and payment.
B. At the close of each fiscal year the Board shall pay into
the General Revenue Fund of the state ten percent (10%) of the gross
fees and penalties so charged, collected and received by the Board.
Other than the ten percent (10%) all fees and penalties charged and
monies collected and received, are hereby dedicated, appropriated
and pledged to the accomplishment and fulfillment of the purposes of
the Oklahoma Cosmetology and Barbering Act.
C. All expenses, per diem, salaries, wages, travel, rents,
printing, supplies, maintenance, and other costs incurred by the
Board in the performance of its duty and in accomplishment and
fulfillment of the purposes of the Oklahoma Cosmetology and
Barbering Act shall be a proper charge against and paid from the
State Cosmetology and Barbering Fund. In no event shall any claim
or obligation accrue against the State of Oklahoma nor against the
Cosmetology and Barbering Fund in excess of the ninety percent (90%)
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or the amount of fees and penalties collected and paid into the
State Treasury pursuant to the provisions of the Oklahoma
Cosmetology and Barbering Act.
SECTION 313. AMENDATORY 59 O.S. 2021, Section 328.42, is
amended to read as follows:
Section 328.42. There is hereby created in the State Treasury a
revolving fund for the Board of Dentistry to be designated as "The
State Dental Fund". The fund shall be a continuing fund, not
subject to fiscal year limitations, and shall consist of all monies
received by the Board pursuant to the provisions of the State Dental
Act. All monies accruing to the credit of this fund are hereby
appropriated and may be budgeted and expended by the Board for the
purpose of implementing and enforcing the provisions of the State
Dental Act. Expenditures from this fund shall be made upon warrants
issued by the State Treasurer against claims filed as prescribed by
law with the Director Chief Operating Officer of the Office of
Management and Enterprise Services for approval and payment.
SECTION 314. AMENDATORY 59 O.S. 2021, Section 396.1C, is
amended to read as follows:
Section 396.1C. The executive director of the Board shall keep
and preserve all records of the Board, issue all necessary notices
to the embalmers, funeral directors and apprentices of the state,
and perform such other duties as may be imposed upon the executive
director by the Board. The executive director is hereby authorized
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and empowered to collect, in the name and on behalf of the Board,
the fees prescribed in the Funeral Services Licensing Act, and all
fees so collected shall at the end of each month be deposited by the
executive director with the State Treasurer. The State Treasurer
shall place ten percent (10%) of the money so received in the
general fund of the state, and the balance in a special fund to be
known as the "Fund of the Oklahoma Funeral Board". Payment from the
fund shall be upon warrants drawn by the State Treasurer against
claims submitted by the Board to the Director Chief Operating
Officer of the Office of Management and Enterprise Services for
approval and payment. All monies so received by the fund may be
used by the Board in carrying out the provisions of the Funeral
Services Licensing Act.
SECTION 315. AMENDATORY 59 O.S. 2021, Section 587, as
amended by Section 1, Chapter 331, O.S.L. 2025 (59 O.S. Supp. 2025,
Section 587), is amended to read as follows:
Section 587. The fee for such examinations shall be set by
rules promulgated by the Board of Examiners in Optometry, not to be
less than One Hundred Dollars ($100.00) and not to exceed Two
Hundred Dollars ($200.00), and a yearly license fee set by rules
promulgated by the Board of Examiners in Optometry, not to exceed
Five Hundred Dollars ($500.00), shall be paid each fiscal year by
all persons holding a license to practice optometry in this state,
and shall be paid not later than the 30th day of June of each year.
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In the event of default of payment of such license fee by any
person, his or her certificate shall be revoked by the Board who
shall take such action only after notifying the person in default by
registered mail and allowing that person fifteen (15) days in which
to comply with this requirement. The Board shall be paid travel
expenses as provided in the State Travel Reimbursement Act, Section
500.1 et seq. of Title 74 of the Oklahoma Statutes. The secretary-
treasurer shall receive compensation fixed by the Board, not to
exceed Two Hundred Dollars ($200.00) per month. All fees and
charges collected by the secretary-treasurer of the Board shall be
paid on the first day of each month into a revolving fund in the
State Treasury to be designated as the "Optometry Board Revolving
Fund". This fund shall consist of all monies received by the Board
other than appropriated funds. The revolving fund shall be a
continuing fund not subject to fiscal year limitations and shall be
under the control and management of the Board. Expenditures from
this fund shall be made pursuant to the purposes of Sections 581
through 606 of this title and without legislative approval.
Warrants for expenditures shall be drawn by the State Treasurer
based on claims signed by an authorized employee or employees of the
Board and approved for payment by the Director Chief Operating
Officer of the Office of Management and Enterprise Services.
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SECTION 316. AMENDATORY 59 O.S. 2021, Section 644, as
amended by Section 23, Chapter 168, O.S.L. 2025 (59 O.S. Supp. 2025,
Section 644), is amended to read as follows:
Section 644. There is hereby created in the State Treasury a
revolving fund for the State Board of Osteopathic Examiners, to be
designated the “State Board of Osteopathic Examiners Revolving
Fund”. The fund shall be a continuing fund, not subject to fiscal
year limitations, and shall consist of all monies received by the
Board pursuant to the provisions of the Oklahoma Osteopathic
Medicine Act or the Oklahoma Abortion-Inducing Drug Certification
Program Act. All monies accruing to the credit of the fund are
hereby appropriated and may be budgeted and expended by the Board
for the purpose of enforcing the laws of this state which prohibit
the unlawful practice of osteopathic medicine, for the dissemination
of information to prevent the violation of such laws, for the
purchase of supplies and such other expense as is necessary to
properly implement the provisions of the Oklahoma Osteopathic
Medicine Act or the Oklahoma Abortion-Inducing Drug Certification
Program Act, and for any other purpose specified in Section 643 of
this title. Expenditures from the fund shall be made upon warrants
issued by the State Treasurer against claims signed by an authorized
employee or employees of the State Board of Osteopathic Examiners
and filed as prescribed by law with the Director Chief Operating
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Officer of the Office of Management and Enterprise Services for
approval and payment.
SECTION 317. AMENDATORY 59 O.S. 2021, Section 698.28, is
amended to read as follows:
Section 698.28. There is hereby created in the State Treasury a
revolving fund to be designated the "Veterinary Medical Examiners
Fund" which shall consist of all monies received by the State Board
of Veterinary Medical Examiners as provided by statute. The fund
shall be a continuing fund not subject to fiscal year limitations.
Monies accruing to the credit of the fund are hereby appropriated
and may be expended by the Board for carrying out the provisions of
the Oklahoma Veterinary Practice Act. Expenditures from the fund
shall be made upon warrants issued by the State Treasurer against
claims submitted by the Board to the Director Chief Operating
Officer of the Office of Management and Enterprise Services for
approval and payment.
SECTION 318. AMENDATORY 59 O.S. 2021, Section 858-205,
is amended to read as follows:
Section 858-205. A. There is hereby created in the State
Treasury a revolving fund for the Oklahoma Real Estate Commission,
to be designated the "Oklahoma Real Estate Commission Revolving
Fund". The fund shall consist of all monies received by the
Oklahoma Real Estate Commission other than the Oklahoma Real Estate
Education and Recovery Fund fees or appropriated funds. The
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revolving fund shall be a continuing fund not subject to fiscal year
limitations and shall be under the control and management of the
Oklahoma Real Estate Commission.
B. The Oklahoma Real Estate Commission may invest all or part
of the monies of the fund in securities offered through the
"Oklahoma State Treasurer's Cash Management Program". Any interest
or dividends accruing from the securities and any monies generated
at the time of redemption of the securities shall be deposited in
the General Operating Fund of the Oklahoma Real Estate Commission.
All monies accruing to the credit of the fund are hereby
appropriated and may be budgeted and expended by the Oklahoma Real
Estate Commission.
C. Expenditures from this fund shall be made pursuant to the
purposes of this Code and without legislative appropriation.
Warrants for expenditures shall be drawn by the State Treasurer
based on claims signed by an authorized employee or employees of the
Oklahoma Real Estate Commission and approved for payment by the
Director Chief Operating Officer of the Office of Management and
Enterprise Services.
SECTION 319. AMENDATORY 59 O.S. 2021, Section 858-601,
is amended to read as follows:
Section 858-601. A. There is hereby created in the State
Treasury a revolving fund for the Oklahoma Real Estate Commission to
be designated "Oklahoma Real Estate Education and Recovery Fund".
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The fund shall consist of monies received by the Oklahoma Real
Estate Commission as fees assessed for the Oklahoma Real Estate
Education and Recovery Fund under the provisions of this act. The
revolving fund shall be a continuing fund not subject to fiscal year
limitations and shall be under the administrative direction of the
Oklahoma Real Estate Commission. The Oklahoma Real Estate
Commission may invest all or part of the monies of the fund in
securities offered through the "Oklahoma State Treasurer's Cash
Management Program". Any interest or dividends accruing from the
securities and any monies generated at the time of redemption of the
securities shall be deposited in the Oklahoma Real Estate Education
and Recovery Fund. All monies accruing to the credit of the fund
are hereby appropriated and may be budgeted and expended by the
Oklahoma Real Estate Commission for the purposes specified in
Section 858-605 of this title. Expenditures from said fund shall be
made pursuant to the laws of this state and the statutes relating to
the said Commission, and without legislative appropriation.
Warrants for expenditures from said fund shall be drawn by the State
Treasurer, based on claims signed by an authorized employee or
employees of the said Commission and approved for payment by the
Director Chief Operating Officer of the Office of Management and
Enterprise Services.
B. Monies in the fund shall be used to reimburse any claimant
who has been awarded a judgment, subject to subsection C of this
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section, by a court of competent jurisdiction to have suffered
monetary damages by an Oklahoma real estate licensee in any
transaction for which a license is required under The Oklahoma Real
Estate License Code because of an act constituting a violation of
The Oklahoma Real Estate License Code.
C. In determining a claimant's eligibility to recover from the
fund, the Commission may conduct an independent review of the
merits, findings and damages involved in the underlying action and
may conduct an evidentiary hearing to determine if a claim is
eligible for recovery from the fund and the amount of damages
awarded are due an act constituting a violation of The Oklahoma Real
Estate License Code.
SECTION 320. AMENDATORY 59 O.S. 2021, Section 858-626,
is amended to read as follows:
Section 858-626. There is hereby created in the State Treasury
a revolving fund for the Construction Industries Board, to be
designated the "Home Inspection Licensing Act Revolving Fund". The
fund shall be a continuing fund, not subject to fiscal year
limitations, and shall consist of all monies received by the Board
pursuant to the Home Inspection Licensing Act. All monies accruing
to the credit of the fund are hereby appropriated and may be
budgeted and expended by the Board for the purpose of implementing
and enforcing the Home Inspection Licensing Act. Expenditures from
the fund shall be made upon warrants issued by the State Treasurer
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against claims filed as prescribed by law with the Director Chief
Operating Officer of the Office of Management and Enterprise
Services for approval and payment.
SECTION 321. AMENDATORY 59 O.S. 2021, Section 858-730,
is amended to read as follows:
Section 858-730. There is hereby created the "Oklahoma
Certified Real Estate Appraisers Revolving Fund". The fund shall
consist of all monies, other than appropriated monies, received by
the Department from fees collected. The fund shall be a continuing
fund not subject to fiscal year limitations and shall be subject to
the administrative direction of the Department. Expenditures from
the fund shall be made upon warrants issued by the State Treasurer
against claims made to the Director Chief Operating Officer of the
Office of Management and Enterprise Services. Monies may be
expended for the operating expenses of the Department and the Board
and shall be made pursuant to the laws of this state.
SECTION 322. AMENDATORY 59 O.S. 2021, Section 1000.4a,
as last amended by Section 1, Chapter 48, O.S.L. 2025 (59 O.S. Supp.
2025, Section 1000.4a), is amended to read as follows:
Section 1000.4a. A. The Construction Industries Board shall
have the additional powers to:
1. Receive and convey information relating to the skilled
trades regulated by the Construction Industries Board including, but
not limited to, workforce development; and
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2. Enter into contracts with the Oklahoma Department of Career
and Technology Education, any Oklahoma State Board of Career and
Technology Education fully accredited vocational or technical
school, or any accredited system of education institution in this
state receiving state appropriations and offering programs in
secondary or postsecondary instruction that provide electrical,
mechanical, plumbing or roofing trade coursework for any of the
following purposes, or combination thereof:
a. developing and implementing instructional courses on
Oklahoma Statutes and rules that govern the
electrical, mechanical, plumbing and roofing trades,
which courses can be in conjunction with instruction
in performing trade work or instruction on statewide-
adopted trade codes, or both, for the advancement of
the electrical, mechanical, plumbing and roofing
trades, or
b. developing and implementing a workforce development
program that will create interest in the pursuit of a
skilled trade career. The workforce development
program may consist of, but shall not be limited to,
use of the Internet, community and school
presentations, research and instruction on the
electrical, mechanical, plumbing and roofing trades,
and may be implemented through public awareness and
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public information campaigns to promote skilled trades
and skilled trade careers as provided in this section.
B. All contracts pursuant to this section shall be approved by
the Construction Industries Board in accordance with the Oklahoma
Open Meeting Act. Costs of the contracts for education and
workforce development programs shall be paid from the Skilled Trade
Education and Workforce Development Fund created in subsection E of
this section and funded by administrative fines or penalties as
described in this section. Applications for proposals are to be
submitted to the Board on forms provided requiring sufficient
justification and information to evaluate costs, return on
investment, value, and viability of the proposal. Any contracts
will include the requirement that the recipient of the funds will,
upon the completion of the contract, provide a written report to the
Board providing an accounting of expenditures, describing an
explanation of the funds used for the services provided and the
success of outreach demonstrating a return on the investment
including, but not limited to, an accounting of accomplishments.
C. Fines or penalties collected by the Board and deposited in
the Oklahoma Mechanical Licensing Revolving Fund, the Electrical
Revolving Fund, the Plumbing Licensing Revolving Fund and the
Roofing Contractor Registration Revolving Fund may be transferred to
the Skilled Trade Education and Workforce Development Fund created
in subsection E of this section for the following purposes:
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1. To develop instructional materials on Oklahoma laws,
statutes and rules, as they relate to the plumbing, mechanical,
electrical and roofing trades and state licensing standards;
2. To cover the cost of equipment, materials, personnel and any
other costs of developing and implementing the trade curriculum; and
3. To cover the cost of equipment, materials, personnel and any
other costs of developing and implementing the workforce development
program used to promote the plumbing, mechanical, electrical and
roofing trades as a career in Oklahoma.
D. The Skilled Trade Education and Workforce Development Fund
monies shall be used only for the advancement of trade-related
education and workforce development, and only if available based
upon statutory limitations.
E. 1. There is hereby created in the State Treasury a
revolving fund for the Construction Industries Board to be
designated the "Skilled Trade Education and Workforce Development
Fund". The fund shall be a continuing fund, not subject to fiscal
year limitations. The fund shall consist of an annual transfer of
fully adjudicated fine revenue received in the Oklahoma Mechanical
Licensing Revolving Fund, Electrical Revolving Fund, Plumbing
Licensing Revolving Fund or Roofing Contractor Registration
Revolving Fund as determined pursuant to this section. Funds may be
transferred only from the prior fiscal year.
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2. If actual receipts, not including fine receipts, exceed
actual expenses and outstanding encumbrances, then one hundred
percent (100%) of all fully adjudicated fine revenue received shall
be transferred from each specific trade revolving fund: the
Oklahoma Mechanical Licensing Revolving Fund, Electrical Revolving
Fund, Plumbing Licensing Revolving Fund or Roofing Contractor
Registration Revolving Fund.
3. If at any time the receipts in the Oklahoma Mechanical
Licensing Revolving Fund, Electrical Revolving Fund, Plumbing
Licensing Revolving Fund or Roofing Contractor Registration
Revolving Fund, not including fine receipts, are less than actual
expenses and outstanding encumbrances, then the difference of fine
receipts over actual expenses and outstanding encumbrances, if any,
shall be transferred.
4. If at any time the annual receipts in the Oklahoma
Mechanical Licensing Revolving Fund, Electrical Revolving Fund,
Plumbing Licensing Revolving Fund or Roofing Contractor Registration
Revolving Fund, including fine receipts, are less than the actual
expenses and outstanding encumbrances, there shall be no transfer of
funds for that period.
5. All monies accruing to the credit of the Skilled Trade
Education and Workforce Development Fund may be budgeted and
expended by the Construction Industries Board for workforce
development as it relates to the skilled trades and to contract for
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the services identified in this act. Expenditures from the fund
shall be made upon warrants issued by the State Treasurer against
claims filed as prescribed by law with the Director Chief Operating
Officer of the Office of Management and Enterprise Services for
approval and payment.
6. All unexpended or outstanding Skilled Trade Education and
Workforce Development Funds from any written agreement where work or
services have not been previously approved by specific quote or cost
estimate and have not been performed within eighteen (18) months of
the date the agreement was signed are hereby released from the
agreement and are available for future agreements approved by the
Board pursuant to this act, except for specific quotes, estimates,
or invoices that previously have been approved for payment,
performance has been initiated, and completed within twenty-four
(24) months of the signed agreement.
SECTION 323. AMENDATORY 59 O.S. 2021, Section 1000.28,
is amended to read as follows:
Section 1000.28. There is hereby created in the State Treasury
a revolving fund for the Oklahoma Uniform Building Code Commission
to be designated the Oklahoma Uniform Building Code Commission
Revolving Fund. The fund shall be a continuous fund, not subject to
fiscal year limitations, and shall consist of all fees or payments
of any type received by the Commission. All monies accruing to the
credit of the fund are hereby appropriated and may be budgeted and
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expended by the Commission for the purpose of implementing the
Oklahoma Uniform Building Code Commission Act. Expenditures from
the fund shall be made upon warrants issued by the State Treasurer
against claims filed as prescribed by law with the Director Chief
Operating Officer of the Office of Management and Enterprise
Services for approval and payment.
SECTION 324. AMENDATORY 59 O.S. 2021, Section 1018, is
amended to read as follows:
Section 1018. All fees, administrative fines or payments of any
type received by the Construction Industries Board under The
Plumbing License Law of 1955 shall be deposited in a revolving fund
to be designated as the "Plumbing Licensing Revolving Fund" and are
hereby appropriated and may be expended by the Construction
Industries Board for the purpose of implementing The Plumbing
License Law of 1955, and the fully adjudicated fine revenue received
into this fund may be transferred to the Skilled Trade Education and
Workforce Development Fund created in subsection E of Section 1 of
this act. The fund shall be a continuing fund, not subject to
fiscal year limitations. Expenditures from the fund shall be made
upon warrants issued by the State Treasurer against claims filed as
prescribed by law with the Director Chief Operating Officer of the
Office of Management and Enterprise Services for approval and
payment.
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SECTION 325. AMENDATORY 59 O.S. 2021, Section 1042, is
amended to read as follows:
Section 1042. There is hereby created in the State Treasury a
revolving fund for the Construction Industries Board, to be
designated the "Oklahoma Inspectors Revolving Fund". The fund shall
be a continuing fund, not subject to fiscal year limitations, and
shall consist of all monies received by the Board from fees and
fines collected pursuant to the Oklahoma Inspectors Act. All monies
accruing to the credit of said fund are hereby appropriated and may
be budgeted and expended by the Construction Industries Board for
the purpose of implementing the provisions of the Oklahoma
Inspectors Act for the continuing education of building and
construction inspectors, and for implementing programs designed to
further the efficiency of the building and construction inspector
profession and public understanding of the profession. Expenditures
from said fund shall be made upon warrants issued by the State
Treasurer against claims filed as prescribed by law with the
Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment.
SECTION 326. AMENDATORY 59 O.S. 2021, Section 1113, is
amended to read as follows:
Section 1113. There is hereby created a revolving fund in the
State Treasury to be known as the "Certification Fund". Said fund
shall consist of all monies appropriated to said fund, and all fees
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collected under the provisions of this act. Said fund shall be
under the control and supervision of the Department, and shall be
paid out on claims approved by the Department and forwarded to the
Director Chief Operating Officer of the Office of Management and
Enterprise Services who shall audit the same, and, upon approval
thereof, warrants shall be issued according to law, and said
warrants shall be paid by the State Treasurer from the said fund.
The said fund shall be expended for training programs including
itinerant training programs, meetings, personnel, expenses, and
purchase of personal property, to carry out the purposes of the
Waterworks and Wastewater Works Operator Certification Act, and for
no other purpose. Nothing herein shall prevent the expenditure of
other funds of the Department or of the Board, the expenditure of
which is not otherwise restricted, from being expended to accomplish
the purposes of the Waterworks and Wastewater Works Operator
Certification Act.
SECTION 327. AMENDATORY 59 O.S. 2021, Section 1150.5, is
amended to read as follows:
Section 1150.5. A. There is hereby created the "Sanitarian and
Environmental Specialist Registration Advisory Council", which shall
consist of nine (9) members as follows:
1. One member shall be the Commissioner of Health or designated
representative;
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2. One member shall be the Executive Director of the Department
of Environmental Quality or designee;
3. One member shall be the Director Chief Operating Officer of
the Office of Management and Enterprise Services or designee;
4. One member who shall be appointed for an initial term of
three (3) years by the Director of the City-County Health Department
of Oklahoma County;
5. One member who shall be appointed for an initial term of
three (3) years by the Director of the Tulsa City-County Health
Department;
6. Two members shall be employed by state government who shall
be appointed by the Commissioner for an initial term of two (2)
years each; and
7. Two members, for an initial term of one (1) year each, who
shall be appointed by the Executive Director of the Department of
Environmental Quality, one who is employed by private industry and
one who is employed by the Indian Health Service of the Public
Health Service or by a tribal government with an office in the State
of Oklahoma.
B. With the exception of paragraph 3 of subsection A of this
section all of the members shall have at least five (5) years of
experience as registered sanitarians or environmental specialists.
C. After expiration of one initial term of office, the term of
office of each appointed member shall be for three (3) years. Each
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appointed member shall hold office until his successor is appointed
and has qualified under the Oklahoma Sanitarian and Environmental
Specialist Registration Act. The initial term for all appointed
members shall begin January 1, 1996.
D. Sixty (60) days prior to the expiration of the term to be
filled or whenever a vacancy occurs, any statewide organization
whose membership represents more than twenty percent (20%) of the
registered sanitarians and environmental specialists in the state
may recommend three persons for such position or vacancy to the
appointing authority.
E. Appointed members of the Council may be removed from office
by the appointing authority.
F. The members of the Council shall serve without pay but may
be reimbursed for actual expenses pursuant to the State Travel
Reimbursement Act.
G. The Council shall elect from among its membership a chair,
vice-chair and secretary to serve a term of not more than one (1)
year ending on July 1 of the year designated by the Council.
Members may be elected for more than one term. The chair or vice-
chair shall preside at all meetings. The chair, vice-chair and
secretary shall perform such duties as may be decided by the Council
in order to effectively administer the Oklahoma Sanitarian and
Environmental Specialist Registration Act.
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H. A majority of Council members shall constitute a quorum to
transact official business.
I. The Council shall meet within sixty (60) days after the
effective date of this act and shall meet thereafter at such times
as the Council deems necessary to implement the Oklahoma Sanitarian
and Environmental Specialist Registration Act.
SECTION 328. AMENDATORY 59 O.S. 2021, Section 1151.20,
is amended to read as follows:
Section 1151.20. There is hereby created in the State Treasury
a revolving fund for the Construction Industries Board to be
designated the "Roofing Contractor Registration Revolving Fund".
The fund shall be a continuing fund, not subject to fiscal year
limitations, and shall consist of application and renewal fees, late
fees, administrative fees, reinstatement fees, and any other monies
collected pursuant to the Roofing Contractor Registration Act. All
monies accruing to the credit of the fund are hereby appropriated
and may be budgeted and expended by the Construction Industries
Board for implementation and administration of the Roofing
Contractor Registration Act, and the fully adjudicated fine revenue
received into this fund may be transferred to the Skilled Trade
Education and Workforce Development Fund created in subsection E of
Section 1 of this act. Expenditures from the fund shall be made
upon warrants issued by the State Treasurer against claims filed as
prescribed by law with the Director Chief Operating Officer of the
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Office of Management and Enterprise Services for approval and
payment.
This fund shall be subject to and comply with the provisions of
Section 211 of Title 62 of the Oklahoma Statutes.
SECTION 329. AMENDATORY 59 O.S. 2021, Section 1360, is
amended to read as follows:
Section 1360. The secretary of the Board shall receive and
account for all monies derived under this act. The secretary shall
pay these monies monthly to the State Treasurer who shall keep them
in a separate fund to be known as the "Psychologists Licensing
Fund". All monies received in said fund are hereby appropriated to
the Board. Expenditures from the Psychologist Licensing Fund shall
be made upon warrants issued by the State Treasurer against claims
filed as prescribed by law with the Director Chief Operating Officer
of the Office of Management and Enterprise Services for approval and
payment. It is further provided that all monies in the
Psychologists Licensing Fund at the end of each fiscal year, being
the unexpended balance of such fund, shall be carried forward and
placed to the credit of the Psychologists Licensing Fund for the
succeeding fiscal year. The Board may make expenditures from this
fund for any purpose which is reasonably necessary to carry out the
provisions of this act; provided that all reimbursement for expenses
shall be paid only from the Psychologists Licensing Fund. No money
shall ever be paid from the General Revenue Fund for the
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administration of this act and any expenses or liabilities incurred
by said Board shall not constitute a charge on any state funds other
than said Psychologists Licensing Fund.
SECTION 330. AMENDATORY 59 O.S. 2021, Section 1694, is
amended to read as follows:
Section 1694. All monies received by the Construction
Industries Board under the Electrical License Act, including the
administrative fines authorized by Section 1695 of this title, shall
be deposited with the State Treasurer and credited to the
"Electrical Revolving Fund". The revolving fund shall be a
continuing fund not subject to fiscal year limitations and may be
budgeted and expended by the Construction Industries Board.
Expenditures from this fund shall be made pursuant to the purposes
of the Electrical License Act and shall include, but not be limited
to, payment of operating costs and the costs of programs designed to
promote public awareness of the electrical industry, and
expenditures for the preparation and printing of regulations,
bulletins or other documents and the furnishing of copies of such
documents to those persons engaged in the electrical industry or the
public, and the fully adjudicated fine revenue received into this
fund may be transferred to the Skilled Trade Education and Workforce
Development Fund created in subsection E of Section 1 of this act.
Expenditures from the fund shall be made upon warrants issued by the
State Treasurer against claims filed as prescribed by law with the
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Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment.
SECTION 331. AMENDATORY 59 O.S. 2021, Section 1800.14,
is amended to read as follows:
Section 1800.14. There is hereby created in the State Treasury
a revolving fund for the Department of Labor, to be designated the
"Alarm, Locksmith and Fire Sprinkler Industry Revolving Fund". The
fund shall be a continuing fund, not subject to fiscal year
limitations, and shall consist of all monies received by the Alarm,
Locksmith and Fire Sprinkler Industry Committee or the Department of
Labor pursuant to the Alarm, Locksmith and Fire Sprinkler Industry
Act. All monies accruing to the credit of the fund are hereby
appropriated and may be budgeted and expended by the Commissioner of
Labor for the purpose of administration, implementing, and
enforcement of the Alarm, Locksmith and Fire Sprinkler Industry Act
including, but not limited to, office administration and personnel
expense, licensing and training, reimbursements in accordance with
the State Travel Reimbursement Act, and other necessary expenses
relating to the Alarm, Locksmith and Fire Sprinkler Industry Act.
The Commissioner shall not expend or transfer any monies from this
fund for any purpose not relating to the Alarm, Locksmith and Fire
Sprinkler Industry Act. Expenditures from the fund shall be made
upon warrants issued by the State Treasurer against claims filed as
prescribed by law with the Director Chief Operating Officer of the
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Office of Management and Enterprise Services for approval and
payment.
SECTION 332. AMENDATORY 59 O.S. 2021, Section 1800.15,
is amended to read as follows:
Section 1800.15. The Commissioner of Labor shall pay all costs
of administration of the Alarm, Locksmith and Fire Sprinkler
Industry Act from fees, monies and other revenue collected pursuant
to the provisions of the Alarm, Locksmith and Fire Sprinkler
Industry Act. At no time shall a claim for payment be submitted to
the Director Chief Operating Officer of the Office of Management and
Enterprise Services or the State Treasurer if the revenue deposited
in the Alarm, Locksmith and Fire Sprinkler Industry Revolving Fund
to the current date does not equal or exceed the total claims for
payments made to that date.
SECTION 333. AMENDATORY 59 O.S. 2021, Section 1820.17,
is amended to read as follows:
Section 1820.17. There is hereby created in the State Treasury
a revolving fund for the Office of the State Fire Marshal, to be
designated the "Fire Extinguisher Industry Revolving Fund". The
fund shall be a continuing fund, not subject to fiscal year
limitations, and shall consist of all monies received by the Office
of the State Fire Marshal pursuant to the Fire Extinguisher
Licensing Act. All monies accruing to the credit of such fund are
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hereby appropriated and may be budgeted and expended by the Office
of the State Fire Marshal for the purpose of implementing the Fire
Extinguisher Licensing Act. Expenditures from such fund shall be
made upon warrants issued by the State Treasurer against claims
filed as prescribed by law with the Director Chief Operating Officer
of the Office of Management and Enterprise Services for approval and
payment.
SECTION 334. AMENDATORY 59 O.S. 2021, Section 1820.18,
is amended to read as follows:
Section 1820.18. All costs of administration of the Fire
Extinguisher Licensing Act shall be paid from fees, monies and other
revenue collected pursuant to the provisions of the Fire
Extinguisher Licensing Act. At no time shall a claim for payment be
submitted to the Director Chief Operating Officer of the Office of
Management and Enterprise Services if the revenue deposited in the
Fire Extinguisher Industry Revolving Fund to the current date does
not equal or exceed the total claims for payments made to that date.
SECTION 335. AMENDATORY 59 O.S. 2021, Section 1820.19,
is amended to read as follows:
Section 1820.19. The State Fire Marshal Commission is hereby
authorized to promulgate, adopt, amend, and repeal rules consistent
with the provisions of the Fire Extinguisher Licensing Act for the
purpose of governing the establishment and levying of administrative
fines, establishing a fee schedule and the examination and licensure
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of fire extinguisher companies, managers, technicians, and
salespersons.
SECTION 336. AMENDATORY 59 O.S. 2021, Section 1850.13,
is amended to read as follows:
Section 1850.13. There is hereby created in the State Treasury
a revolving fund for the Construction Industries Board, to be
designated the "Oklahoma Mechanical Licensing Revolving Fund". The
fund shall be a continuing fund, not subject to fiscal year
limitations, and shall consist of all monies received by the Board
pursuant to the Mechanical Licensing Act, including administrative
fines authorized by Section 1850.11 of this title. All monies
accruing to the credit of said fund are hereby appropriated and may
be budgeted and expended by the Construction Industries Board for
the purpose of implementing the Mechanical Licensing Act, and the
fully adjudicated fine revenue received into this fund may be
transferred to the Skilled Trade Education and Workforce Development
Fund created in subsection E of Section 1 of this act. Expenditures
from said fund shall be made upon warrants issued by the State
Treasurer against claims filed as prescribed by law with the
Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment.
SECTION 337. AMENDATORY 59 O.S. 2021, Section 1883, is
amended to read as follows:
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Section 1883. There is hereby created in the State Treasury a
revolving fund for the Oklahoma Board of Licensed Alcohol and Drug
Counselors, to be designated the "Licensed Alcohol and Drug
Counselors Revolving Fund". The fund shall be a continuing fund,
not subject to fiscal year limitations, and shall consist of all
monies received pursuant to the Licensed Alcohol and Drug Counselors
Act. All monies accruing to the credit of the fund are hereby
appropriated and may be budgeted and expended by the Board to meet
expenses necessary for carrying out the purposes of this act.
Expenditures from the fund shall be approved by the Board and shall
be made upon warrants issued by the State Treasurer against claims
filed as prescribed by law with the Director Chief Operating Officer
of the Office of Management and Enterprise Services for approval and
payment.
SECTION 338. AMENDATORY 59 O.S. 2021, Section 1918, is
amended to read as follows:
Section 1918. There is hereby created in the State Treasury a
revolving fund for the State Board of Behavioral Health Licensure,
to be designated the "Licensed Professional Counselors Revolving
Fund". The fund shall be a continuing fund, not subject to fiscal
year limitations, and shall consist of all monies received pursuant
to this act. All monies accruing to the credit of said fund are
hereby appropriated and may be budgeted and expended by the
Executive Director to meet expenses necessary for carrying out the
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purpose of the Licensed Professional Counselors Act. Expenditures
from said fund shall be approved by the Board and shall be made upon
warrants issued by the State Treasurer against claims filed as
prescribed by law with the Director Chief Operating Officer of the
Office of Management and Enterprise Services for approval and
payment.
SECTION 339. AMENDATORY 59 O.S. 2021, Section 1925.17,
is amended to read as follows:
Section 1925.17. There is hereby created in the State Treasury
a revolving fund for the State Board of Behavioral Health Licensure,
to be designated the "Licensed Marital and Family Therapist
Revolving Fund". The fund shall be a continuing fund, not subject
to fiscal year limitations, and shall consist of all monies received
pursuant to the provisions of the Marital and Family Therapist
Licensure Act. All monies accruing to the credit of said fund are
hereby appropriated and may be budgeted and expended by the
Executive Director to meet expenses necessary for carrying out the
purpose of the Marital and Family Therapist Licensure Act.
Expenditures from said fund shall be approved by the Board and shall
be made upon warrants issued by the State Treasurer against claims
filed as prescribed by law with the Director Chief Operating Officer
of the Office of Management and Enterprise Services for approval and
payment.
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SECTION 340. AMENDATORY 59 O.S. 2021, Section 1946, is
amended to read as follows:
Section 1946. There is hereby created in the State Treasury a
revolving fund for the State Board of Behavioral Health Licensure,
to be designated the "Licensed Behavioral Practitioners Revolving
Fund". The fund shall be a continuing fund, not subject to fiscal
year limitations, and shall consist of all monies received pursuant
to this act. All monies accruing to the credit of the fund are
hereby appropriated and may be budgeted and expended by the
Executive Director to meet expenses necessary for carrying out the
purpose of the Licensed Behavioral Practitioner Act. Expenditures
from the fund shall be approved by the Board and shall be made upon
warrants issued by the State Treasurer against claims filed as
prescribed by law with the Director Chief Operating Officer of the
Office of Management and Enterprise Services for approval and
payment.
SECTION 341. AMENDATORY 59 O.S. 2021, Section 2058, is
amended to read as follows:
Section 2058. There is hereby created in the State Treasury a
revolving fund for the State Board of Examiners of Perfusionists to
be designated the "Perfusionists Licensure Fund". The fund shall be
a continuing fund, not subject to fiscal year limitations, and shall
consist of fees received by the Board and any other monies collected
pursuant to the Oklahoma Licensed Perfusionists Act. All monies
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accruing to the credit of the fund are hereby appropriated and may
be budgeted and expended by the Board for any purpose which is
reasonably necessary to carry out the provisions of the Oklahoma
Licensed Perfusionists Act. Expenditures from the fund shall be
made upon warrants issued by the State Treasurer against claims
filed as prescribed by law with the Director Chief Operating Officer
of the Office of Management and Enterprise Services for approval and
payment.
SECTION 342. AMENDATORY 59 O.S. 2021, Section 2095.20,
as amended by Section 16, Chapter 218, O.S.L. 2024 (59 O.S. Supp.
2025, Section 2095.20), is amended to read as follows:
Section 2095.20. A. 1. There is hereby created in the State
Treasury a revolving fund for the Commission on Consumer Credit to
be designated the “Oklahoma Mortgage Broker and Mortgage Loan
Originator Recovery Fund”. The fund shall consist of fees received
by the Administrator of Consumer Credit to be paid into the fund.
2. The revolving fund shall be a continuing fund not subject to
fiscal year limitations and shall be under the administrative
direction of the Administrator. Monies accruing to the credit of
this fund are hereby appropriated and may be budgeted and expended
by the Commission, pursuant to rules promulgated by the Commission,
for the purposes specified in subsection B of this section. The
provisions of this paragraph shall have retroactive and prospective
application.
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3. Expenditures from the fund shall be made upon warrants
issued by the State Treasurer against claims filed as prescribed by
law with the Director Chief Operating Officer of the Office of
Management and Enterprise Services for approval and payment.
B. 1. Subject to the limitations of this subsection, monies in
the fund shall be used to reimburse any entity or individual in an
amount not to exceed Ten Thousand Dollars ($10,000.00) who has been
adjudged by a court of competent jurisdiction to have suffered
monetary damages by an entity or individual required to have a
license under the Oklahoma Secure and Fair Enforcement for Mortgage
Licensing Act in any transaction or series of transactions for which
a license is required under the Oklahoma Secure and Fair Enforcement
for Mortgage Licensing Act because of the acquisition of money or
property by fraud, misrepresentation, deceit, false pretenses,
artifice, trickery, or by any other act which would constitute a
violation of the Oklahoma Secure and Fair Enforcement for Mortgage
Licensing Act.
2. Payments for claims based on judgments against any one
person required to have a license under the Oklahoma Secure and Fair
Enforcement for Mortgage Licensing Act shall not exceed in the
aggregate Sixty Thousand Dollars ($60,000.00).
3. Payments for claims may only be made for a cause of action
which has accrued on or after November 1, 1997, and which has
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accrued not more than two (2) years prior to filing the action in
district court.
SECTION 343. AMENDATORY 59 O.S. 2021, Section 3024, is
amended to read as follows:
Section 3024. A. The Commissioner of Labor shall have the
following powers and duties:
1. The Commissioner shall:
a. adopt or determine standards of elevator safety,
b. license elevator contractors, elevator mechanics, and
elevator inspectors,
c. register elevator apprentices,
d. determine qualifications for examination, establish
application processes, and examine applicants for
licensure,
e. establish terms of licensure and renewal procedures,
f. attempt to achieve reciprocity agreements whereby
licenses issued by other jurisdictions may be accepted
in this state in lieu of examination,
g. establish grounds for revocation, suspension, and
nonrenewal of licenses and policies for reinstatement
of licenses and for imposition of lesser disciplinary
measures,
h. establish continuing education requirements,
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i. provide for the inspection and certification of
elevators,
j. provide for the enforcement of the Elevator Safety
Act,
k. hear appeals pursuant to the Administrative Procedures
Act,
l. establish a procedure for the reporting and
investigation of accidents, and
m. establish a procedure to allow variances from the
literal requirement of the code;
2. The Commissioner shall publish informational brochures about
license examinations that indicate the scope of the examinations,
include suggestions about how to prepare for the examinations, and
may include sample questions of the type to be expected, but shall
never include test items that will be used in future examinations.
In no case shall information about forthcoming examinations, that is
not generally available, be given to any school, coaching service,
or individual privately; and
3. The Commissioner shall have subpoena powers and shall have
the right to seek injunctive relief to prevent the operation of
elevators lacking a certificate of operation after November 1, 2006,
or failing inspection. For any violation of the Elevator Safety
Act, the Commissioner may assess an administrative fine , which fine
may be assessed in addition to any other penalties provided pursuant
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to the Elevator Safety Act. The Commissioner of Labor may
promulgate rules establishing a schedule of administrative fines for
violations of the Elevator Safety Act. Upon collection of an
assessed fine, the funds shall be deposited in the Department of
Labor Administrative Penalty Revolving Fund created in Section 11 of
this act.
B. The Commissioner of Labor may promulgate rules establishing
a schedule of administrative fees for the implementation of the
Elevator Safety Act. The following fees shall remain in effect
until such rules become effective, at which time the fees contained
in this subsection shall be superseded by rule. Fees shall be as
follows:
1. Elevator contractor examination $100.00
2. Elevator inspector examination $100.00
3. Elevator mechanic examination $100.00
4. Initial and renewal elevator
contractor license $100.00
5. Initial and renewal elevator
inspector License $ 75.00
6. Initial and renewal elevator
mechanic License $ 50.00
7. Annual elevator apprentice
registration $ 25.00
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8. Late renewal - in addition to
license fee $ 10.00
9. Replacement of lost or mutilated
license $ 10.00
10. Reinstatement - in addition to
license fee $100.00
11. Existing elevator - certification
of operation $ 25.00
12. New elevator - inspection and
certification $150.00
13. Elevator temporary certification $ 25.00
14. Elevator temporary mechanic
license for 30 days $ 10.00
15. Labor for chief elevator inspector
or deputy elevator inspector to
perform inspection for issuance of
certificate of operation:
a. any escalator or moving walkway $125.00
b. elevator, two-four floors $ 75.00
c. elevator, five-ten floors $100.00
d. elevator, eleven floors and over $125.00
e. wheelchair lift $ 25.00
C. All revenues received shall be deposited to the Department
of Labor Revolving Fund. It is the intent of the Legislature that
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fees charged pursuant to the Elevator Safety Act be adjusted to
provide sufficient income, but not substantially more than
sufficient income, to ensure elevator safety as provided by the
Elevator Safety Act. Accordingly, the Commissioner of Labor shall
make an annual study of the revenues to and expenditures from the
Department of Labor Revolving Fund related to elevator safety and
shall prepare a report indicating what fee adjustments, if any,
shall be recommended. The report shall be submitted by September 1
each year to the Director Chief Operating Officer of the Office of
Management and Enterprise Services, the Chair of the Appropriations
Committee of the Senate, and the Chair of the Appropriations and
Budget Committee of the House of Representatives, and shall be filed
with the Department of Labor.
D. Licenses and certifications issued in accordance with the
provisions of the Elevator Safety Act shall be renewed according to
the following schedule:
1. Elevator contractor, elevator inspector, elevator mechanic
licenses and elevator apprentice registration shall be renewed
annually prior to the last day of the calendar month in which the
license or registration was initially issued;
2. Any such license, registration or certificate required by
the Elevator Safety Act not renewed by the last day of the calendar
month in which renewal is required shall be subject to a late fee as
provided by this act;
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3. Any elevator contractor, elevator inspector, elevator
mechanic license or apprentice registration having been expired for
a period of not less than thirty (30) days nor more than three
hundred sixty-five (365) days shall be subject to a reinstatement
fee as provided for in the Elevator Safety Act; and
4. Any elevator contractor, elevator inspector, elevator
mechanic license or apprentice registration being expired for a
period of one (1) year or longer from the last day of the month in
which renewal was required shall be considered void and the licensee
shall be subject to all requirements for new issuance.
SECTION 344. AMENDATORY 59 O.S. 2021, Section 3118, is
amended to read as follows:
Section 3118. There is hereby created in the State Treasury a
revolving fund for the Commission on Consumer Credit to be
designated the "Consumer Credit Counseling Revolving Fund". The
fund shall consist of fees received by the Administrator of Consumer
Credit from deferred deposit lenders for consumer credit counseling
services pursuant to the provisions of Section 3119 of this title.
The revolving fund shall be a continuing fund not subject to fiscal
year limitations and shall be under the administrative direction of
the Administrator. Monies accruing to the credit of this fund are
hereby appropriated and may be budgeted and expended by the
Administrator upon warrants issued by the State Treasurer against
claims filed as prescribed by law with the Director Chief Operating
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Officer of the Office of Management and Enterprise Services for
approval and payment.
SECTION 345. AMENDATORY 60 O.S. 2021, Section 383, is
amended to read as follows:
Section 383. A. Except to the extent that such authority is
otherwise specifically vested in some other state officer, board,
commission, or agency and except as provided in subsections B and C
of this section, the Governor of the State of Oklahoma is hereby
authorized to accept, upon behalf of this state, any gift,
testamentary or otherwise, of any property presented to this state
or to any state institution, department, or agency.
B. The President Pro Tempore of the Senate and the Speaker of
the House of Representatives are hereby authorized to accept, upon
behalf of this state, any gift, testamentary or otherwise, of any
property presented to the Legislature or either house thereof.
C. The Chief Justice of the Supreme Court is hereby authorized
to accept, upon behalf of this state, any gift, testamentary or
otherwise, of any property presented to the judiciary of this state.
D. Except as otherwise provided in Sections 391 through 396 of
this title, and except for gifts of cash or the equivalent of cash,
delivery of such property, possession thereof, and any muniments of
title thereto shall be made to and receipted for by the Director
Chief Operating Officer of the Office of Management and Enterprise
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Services. Gifts of cash or the equivalent of cash shall be made to
and receipted for by the Director Chief Operating Officer of the
Office of Management and Enterprise Services.
SECTION 346. AMENDATORY 61 O.S. 2021, Section 60, as
last amended by Section 123, Chapter 452, O.S.L. 2024 (61 O.S. Supp.
2025, Section 60), is amended to read as follows:
Section 60. All state agencies, boards, commissions, offices,
institutions, and other governmental bodies of this state, and all
individuals representing such entities, except the Department of
Transportation, the Oklahoma Turnpike Authority, the Oklahoma State
Regents for Higher Education and its constituent institutions, and
the Commissioners of the Land Office, the Oklahoma Municipal Power
Authority, shall use construction manager, consultant and
construction contract forms that the Director Chief Operating
Officer of the Office of Management and Enterprise Services requires
to award and execute contracts for designs to construct, renovate,
alter, repair, maintain, or improve real property or fixtures of
real property of the state. The Director Chief Operating Officer
may authorize, in writing, exceptions to the use of construction
manager, consultant and construction contract forms for specific
projects.
SECTION 347. AMENDATORY 61 O.S. 2021, Section 61, as
amended by Section 7, Chapter 238, O.S.L. 2022 (61 O.S. Supp. 2025,
Section 61), is amended to read as follows:
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Section 61. As used in Sections 61 through 65 of this title:
1. "Chief administrative officer" means an individual
responsible for directing the administration of a state agency. The
term does not mean one or all of the individuals that make policy
for a state agency;
2. "Construction manager" means an individual, firm,
corporation, association, partnership, copartnership, or any other
legal entity on the Office of Management and Enterprise Services
Construction and Properties (OMES-CAP) registration list and
possessing the qualifications to provide services of construction
management which include, but are not necessarily limited to, design
review, scheduling, cost control, value engineering,
constructability evaluation, preparation and coordination of bid
packages, and construction administration;
3. "Consultant" means an individual or legal entity possessing
the qualifications to provide licensed architectural, registered
engineering, or registered land surveying services or other
individuals or legal entities possessing specialized credentials and
qualifications as may be needed to evaluate, plan or design and/or
provide construction administration and/or construction inspection
services for any construction or a public work improvement project;
4. "Director Chief Operating Officer" means the Director Chief
Operating Officer of the Office of Management and Enterprise
Services or a designee;
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5. "Office" means the Office of Management and Enterprise
Services;
6. "Project" means studies, evaluations, plans or designs for
facility evaluations or public work improvements, except the
transportation facilities under the jurisdiction of the Department
of Transportation or the Oklahoma Turnpike Authority:
a. to construct, renovate, alter, repair, maintain, or
improve real property or fixtures of real property,
and
b. that does not constitute "construction" as defined by
the Public Building Construction and Planning Act;
7. "State agency" means an agency, office, officer, bureau,
board, counsel, court, commission, institution, unit, division, body
or house of the executive or judicial branches of state government,
whether elected or appointed, excluding only political subdivisions
of the state, the Oklahoma State Regents for Higher Education and
its constituent institutions and the Commissioners of the Land
Office; and
8. "Political subdivision" means any local governmental body
formed pursuant to the laws of this state, including, but not
limited to, school districts, career technology centers, cities,
counties, public trusts, public authorities, commissions or other
local governmental bodies exercising their authority to contract
with construction managers and/or consultants. The term also means
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any quasi-governmental and nongovernmental organizations contracting
with construction managers and/or consultants using public funds or
on behalf of a political subdivision.
SECTION 348. AMENDATORY 61 O.S. 2021, Section 65, as
amended by Section 11, Chapter 238, O.S.L. 2022 (61 O.S. Supp. 2025,
Section 65), is amended to read as follows:
Section 65. A. In addition to the conditions prescribed
pursuant to subsection C of this section, the provisions of Section
62 of this title shall not apply whenever the Office of Management
and Enterprise Services with concurrence of the chief administrative
officer of the public agency affected declares that an emergency
exists. The construction manager or consultant shall be selected by
the Director Chief Operating Officer of the Office of Management and
Enterprise Services. The resulting construction manager or
consultant contract shall not exceed Fifty Thousand Dollars
($50,000.00). The reasons for the emergency shall be recorded in
the official records of the Office.
B. Emergency as used in this section shall be limited to
conditions resulting from any of the following:
1. A sudden unexpected happening or unforeseen occurrence if it
is impossible for the provisions of Section 62 of this title to be
observed because of the time factor and if the public health or
safety is endangered; and
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2. A condition or situation which, if allowed to continue,
would lead to economic loss to the state or to further damage of
state property.
C. The provisions of Section 62 of this title shall not apply
to the process for construction of a correctional facility whenever
the State Board of Corrections informs the Office that an emergency
condition threatens the security of the state correctional system,
including inmate population growth, and the condition requires
expeditious treatment for the review, approval and bid process as it
relates to construction or expansion of correctional facilities.
The Office and the Department of Corrections are authorized to
implement an expedited competitive bid process for the contracting
of construction managers or consultants and construction of new or
expanded correctional facilities that adequately respond to the
emergency. The State Board of Corrections shall provide written
notification to the Governor, the Speaker of the House of
Representatives and to the President Pro Tempore of the Senate of
the emergency conditions.
SECTION 349. AMENDATORY 61 O.S. 2021, Section 103.7, as
amended by Section 15, Chapter 238, O.S.L. 2022 (61 O.S. Supp. 2025,
Section 103.7), is amended to read as follows:
Section 103.7. For purposes of the provisions of the Public
Competitive Bidding Act of 1974, contracts entered into solely for
projects and activities by the Oklahoma Department of Wildlife
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Conservation relating to fish and wildlife conservation shall be let
and awarded using the competitive bidding process as set forth in
the Public Competitive Bidding Act of 1974. However, for contracts
not exceeding One Hundred Thousand Dollars ($100,000.00), the
Department may administer the competitive bidding process and let
and award the contract itself rather than the Office of Management
and Enterprise Services.
SECTION 350. AMENDATORY 61 O.S. 2021, Section 121, as
amended by Section 26, Chapter 238, O.S.L. 2022 (61 O.S. Supp. 2025,
Section 121), is amended to read as follows:
Section 121. A. Change orders or addenda to public
construction contracts of One Million Dollars ($1,000,000.00) or
less shall not exceed a fifteen percent (15%) cumulative increase in
the original contract amount.
B. Change orders or addenda to public construction contracts of
over One Million Dollars ($1,000,000.00) shall not exceed the
greater of One Hundred Fifty Thousand Dollars ($150,000.00) or a ten
percent (10%) cumulative increase in the original contract amount.
C. Change orders or cumulative change orders which exceed the
limits of subsection A or B of this section shall require a
readvertising for bids on the incomplete portions of the contract.
D. If the awarding public agency does not have a governing
body, the chief administrative officer of the awarding public agency
shall approve change orders. The Director Chief Operating Officer
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of the Office of Management and Enterprise Services, or the
Director's Chief Operating Officer's designee, shall sign and
execute all contracts and change orders, as they relate to state
agencies.
E. If the awarding public agency has a governing body, all
change orders shall be formally approved by the governing body of
the awarding public agency and the reasons for approval recorded in
the permanent records of the governing body. The governing body of
a municipality or technology center may delegate approval of change
orders up to Forty Thousand Dollars ($40,000.00) or ten percent
(10%) of any contract, whichever is less, to the chief
administrative officer of the municipality or technology center or
their designee, with any approved change orders reported to the
governing body at the next regularly scheduled meeting.
F. The Oklahoma Veterans Commission, as the governing body of
the Oklahoma Department of Veterans Affairs, is authorized to
delegate to the Director of the agency the authority to approve
change orders on a construction contract provided that the
individual change order does not exceed Forty Thousand Dollars
($40,000.00) in expenditure, and complies with the limits
established by this section. Change orders approved by the Director
pursuant to a delegation of authority shall be presented to the
Commission during the next regular meeting and the reasons for the
orders recorded in permanent records.
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G. The governing body of the Oklahoma Tourism and Recreation
Department is authorized, upon approval of a majority of all of the
members of the Oklahoma Tourism and Recreation Commission, to
delegate to the Director of the agency the authority to approve
change orders on a construction contract provided that the
individual change order does not exceed Twenty-five Thousand Dollars
($25,000.00) in expenditure and complies with the limits established
by this section. The Director of the Office shall sign and execute
all contracts and change orders.
H. The Transportation Commission may, by rule, authorize the
Director of the Department of Transportation to approve change
orders in an amount of not to exceed Five Hundred Thousand Dollars
($500,000.00). Change orders approved by the Director shall be
presented to the Transportation Commission during the next regular
meeting and the reasons therefor recorded in the permanent records.
The Oklahoma Turnpike Authority may authorize the Director of the
Authority to approve change orders in an amount not to exceed Two
Hundred Fifty Thousand Dollars ($250,000.00). Change orders
approved by the Director of the Authority shall be presented to the
Authority during the next regular meeting and the reasons for the
orders recorded in permanent records.
I. All change orders for the Department of Transportation or
the Authority shall contain a unit price and total for each of the
following items:
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1. All materials with cost per item;
2. Itemization of all labor with number of hours per operation
and cost per hour;
3. Itemization of all equipment with the type of equipment,
number of each type, cost per hour for each type, and number of
hours of actual operation for each type;
4. Itemization of insurance cost, bond cost, Social Security,
taxes, workers' compensation, employee fringe benefits and overhead
cost; and
5. Profit for the contractor.
J. 1. If a construction contract contains unit pricing, and
the change order pertains to the unit price, the change order will
not be subject to subsection A or B of this section.
2. When the unit price change does not exceed Twenty Thousand
Dollars ($20,000.00), the unit price change order computation may be
based on an acceptable unit price basis in lieu of cost itemization
as required in paragraphs 1, 2, 3, 4 and 5 of subsection I of this
section.
3. When the unit price change exceeds Twenty Thousand Dollars
($20,000.00), any unit price for a new item established at or below
the average eighteen-month-price history for the new item may be
used in lieu of cost itemization as required in paragraphs 1, 2, 3,
4 and 5 of subsection I of this section.
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K. Alternates or add items bid with the original bid and
contained in the awarded contract as options of the awarding public
agency shall not be construed as change orders under the provisions
of the Public Competitive Bidding Act of 1974.
L. Where construction management at-risk is the project
delivery method, the limits established by subsections A and B of
this section shall be based upon the total cost of the project
rather than the cost of the individual trade contracts.
SECTION 351. AMENDATORY 61 O.S. 2021, Section 125, is
amended to read as follows:
Section 125. The Director Chief Operating Officer of the Office
of Management and Enterprise Services shall prescribe the accounting
procedure to be followed to pay costs and payments to contractors on
public construction contracts with state agencies. The Director
Chief Operating Officer of the Office of Management and Enterprise
Services is directed to include any procedures necessary to provide
accountability for state funds and funds furnished by an agency of
the United States Government.
SECTION 352. AMENDATORY 61 O.S. 2021, Section 139, as
amended by Section 1, Chapter 455, O.S.L. 2025 (61 O.S. Supp. 2025,
Section 139), is amended to read as follows:
Section 139. A. In addition to any authority to enter an
agreement pursuant to the Interlocal Cooperation Act, any school
district, including a technology school district, may either
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participate in, sponsor, conduct or administer a cooperative
purchasing agreement for the acquisition of any commodities or
services with one or more public agencies in accordance with an
agreement entered into between the participants. Such cooperative
purchasing may include, but is not limited to, joint or multiparty
contracts between public agencies and open-ended state public
procurement contracts. Cooperative purchasing shall not include new
construction. For cooperative purchasing agreements, all funds
shall be applied toward chargeables under the agreements or toward
direct administrative costs associated with the agreements. No
entity shall take a percentage of the funds as profit under the
cooperative purchasing agreement.
B. Any local public procurement unit may either participate in,
sponsor, conduct or administer a cooperative or piggybacking
purchasing agreement for the acquisition of any commodities or
services, including construction services, with one (1) or more
public procurement units or external procurement units in accordance
with an agreement entered into between the participants. Such
cooperative purchasing may include, but is not limited to, joint or
multiparty contracts between public procurement units and open-ended
state public procurement unit contracts which are made available to
local public procurement units. Purchases made in accordance with
this subsection by a local public procurement unit shall be required
to satisfy any procurement regulation, including Oklahoma Central
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Purchasing Act, the Public Competitive Bidding Act of 1974, the
Oklahoma State Finance Act, related administrative rules and federal
regulations that may apply due to the federal source of the funding
for the anticipated purchase.
C. For purposes of this section, the following definitions
apply:
1. “Local public procurement unit” shall mean, inter alia, any
county, city, town, state agency, and any other subdivision of the
state or public unit or agency thereof;
2. “External procurement unit” shall mean any buying
organization in the United States not located in this state which,
if located in this state, would qualify as a public procurement
unit;
3. “Cooperative or piggybacking purchasing agreement” shall
mean an agreement between a local public procurement unit and
another local public procurement unit or an external procurement
unit to authorize the use of a contract procured by one of the
parties to the agreement to benefit the other party to the
agreement. This term shall also mean an agreement that provides
access to a product or service that is lower in price than a
comparable product or service that is available through the usage of
a statewide, multistate or multigovernmental contract issued by the
Purchasing Division of the Office of Management and Enterprise
Services; and
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4. “New construction” shall mean any building not previously
constructed that has not been occupied or used. New construction
shall not mean bus barns, agriculture barns, storage buildings,
batting cages, or similar structures.
D. Nothing in this section shall supersede the obligation of a
state agency to adhere to rules regarding statewide contracts issued
by the Purchasing Division. Neither shall any provision of this
section be construed to waive the obligation of a state agency to
utilize a mandatory purchasing contract as designated by the State
Purchasing Director.
SECTION 353. AMENDATORY 61 O.S. 2021, Section 202.1, is
amended to read as follows:
Section 202.1. A. The design-build and construction management
project delivery methods shall not be used without the written
approval of the Director Chief Operating Officer of the Office of
Management and Enterprise Services, or the Director's Chief
Operating Officer's designee, when those projects are constructed
for a state agency or by an act of the Legislature specifying
design-build or at-risk construction management for a project. In
all instances where the design-build project or at-risk construction
management delivery method is authorized, construction
administration shall be performed by the State Facilities Director
Chief Operating Officer, the SFD's designee or designees, or
otherwise by contract or contract provision approved by the Director
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Chief Operating Officer of the Office of Management and Enterprise
Services for construction administration by another party.
B. The use of design-build and construction management project
delivery methods shall not interfere or inhibit the opportunity for
subcontractors and trade contractors to openly and freely compete
for subcontracts or trade contracts pursuant to the Public
Competitive Bidding Act of 1974. The State Facilities Director
Chief Operating Officer, or designee, or the construction manager
shall make the subcontracting and supply opportunities publicly
known, as follows:
1. Whenever the estimated cost of the contract exceeds Fifty
Thousand Dollars ($50,000.00), public notice shall be given by
publication in a newspaper of general circulation and published in
the county where the work, or the major part of the work, is to be
done. Such notice by publication shall be published in two
consecutive weekly issues of the newspaper, with the first
publication thereof to be at least twenty-one (21) days prior to the
date set for opening bids; and
2. Notice thereof shall be sent to one in-state trade or
construction publication for the publication's use and information
whenever the estimated cost of the contract exceeds Fifty Thousand
Dollars ($50,000.00); provided, however, this section shall not be
construed to require the publication of such notice in such trade or
construction publication or to require the provision of such notice
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to more than one in-state trade or construction publication or to
any out-of-state trade or construction publication.
C. Bids shall be publicly opened at the time and place
designated in the public notice. A representative of the State
Facilities Director Chief Operating Officer shall be present at the
bid opening.
D. The provisions of subsection A of this section shall not
apply to projects by contract pursuant to an interagency agreement
under Section 581 of Title 74 of the Oklahoma Statutes or to
projects a state agency performs solely with the staff of the
agency.
E. The Office of Management and Enterprise Services shall,
pursuant to the Administrative Procedures Act, promulgate rules to
effect procedures, processes and design-build/construction
management fee guidelines necessary to the fulfillment of its
responsibilities under this section.
SECTION 354. AMENDATORY 61 O.S. 2021, Section 204, as
amended by Section 29, Chapter 238, O.S.L. 2022 (61 O.S. Supp. 2025,
Section 204), is amended to read as follows:
Section 204. A. The Office of Management and Enterprise
Services shall:
1. Review and approve all construction plans and specifications
to ensure compliance with good construction practices and space
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standards, costs of project, proposed construction timetables, and
agency need for the project;
2. Inspect prior to acceptance and final payment all completed
projects for which the Office issued bid solicitations to ensure
compliance with the plans and specifications of the project;
3. Select and hire consultants and construction managers for
projects as determined or approved by the Office. The Office shall
select, award and execute contracts to consultants and construction
managers that provide services to state agencies subject to this
act;
4. Develop and issue solicitations for award of state agency
contracts for construction services. The Office shall have final
approval authority for contracts and contract documents. Neither
the Office nor any public entity shall, for performance of work that
requires that a contractor be licensed by this state, issue a
solicitation to, or make a contract with, a contractor not licensed
by this state;
5. Review inspections performed by consultants and construction
managers during construction, perform primary inspections when
consultants or construction managers are not used, and final
inspections after completion;
6. Establish standards and policies as required to standardize
facility assessment and benchmarking, facility operations and
maintenance, asset preservation, design and energy standards, space
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utilization, material testing, indexes of efficiency, economy, and
effectiveness;
7. 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 as established by
the Office, and performance outcomes of construction projects to
ensure maximum efficiency in the expenditure of state funds for
asset management and preservation of the state's capital real
property;
8. Coordinate, monitor and report on statewide energy
conservation programs delegated to the Office;
9. Provide property leasing and brokerage services delegated to
the Office;
10. Report fraud or waste in any construction project by
written notification with documentation for the report to the
Attorney General. The Attorney General shall take appropriate
action to protect the interest of the state; and
11. Prequalify as good and sufficient insurance carriers,
bonding companies and surety companies to meet provisions of
Sections 1 and 134 of this title. The Director Chief Operating
Officer shall promulgate rules to establish criteria to determine
whether a carrier or company is good and sufficient. The
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prequalification requirement and process shall not violate the
provisions of Section 135 of this title.
B. When a state agency employs a licensed architect or licensed
engineer as a full-time employee, said licensed employee may conduct
required facility planning, prepare project plans and specifications
and monitor construction work as prescribed by the Office. State
agencies authorized to employ licensed architects and engineers for
the purposes of this section include:
1. The Department of Transportation with respect to highways,
bridges and dams;
2. The Oklahoma State Regents for Higher Education and its
constituent institutions;
3. The Military Department of the State of Oklahoma;
4. The Oklahoma Tourism and Recreation Department; and
5. The Department of Human Services.
SECTION 355. AMENDATORY 61 O.S. 2021, Section 205, is
amended to read as follows:
Section 205. Employees of the Office of Management and
Enterprise Services designated by the Director Chief Operating
Officer of the Office shall have access to state agency records that
relate to state construction projects. The Director Chief Operating
Officer may authorize review or audit of the records.
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SECTION 356. AMENDATORY 61 O.S. 2021, Section 208, as
amended by Section 31, Chapter 238, O.S.L. 2022 (61 O.S. Supp. 2025,
Section 208), is amended to read as follows:
Section 208. A. The Office of Management and Enterprise
Services shall select and award contracts to construction managers
and design consultants pursuant to the provisions of Section 62 of
this title.
B. The negotiation of construction manager and consultant
contracts and fees shall be performed by the Office.
C. The Office shall award and administer construction contracts
for state agencies pursuant to the provisions of the Public
Competitive Bidding Act of 1974.
D. 1. When all bids for a public construction contract exceed
the programmed estimate and available funding, the Office may enter
into negotiations with the lowest responsible bidder for the purpose
of modifying the project scope and reducing the construction cost,
provided that:
a. the unexpected higher construction costs resulted from
unforeseen economic conditions or otherwise sudden
price volatility in the construction industry,
b. the project was appropriately planned, and cost
estimates were developed using standards of care
acceptable to the Office, and
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c. further delay caused by redesigning and rebidding the
project would jeopardize the using agency's mission or
result in the loss of a planned funding source.
2. To request consideration for negotiations pursuant to this
subsection, the using agency, within ten (10) days of the bid
opening date, shall make a written request to the Director Chief
Operating Officer of the Office of Management and Enterprise
Services to enter into negotiations pursuant to paragraph 1 of this
subsection. If approved by the Director Chief Operating Officer,
the Office shall consult with the using agency, consultant and low
bidder on methods to reduce the project scope or other cost-saving
measures.
3. If a suitable revised scope and contract amount is agreed
upon by the using agency, lowest responsible bidder, and the
Director Chief Operating Officer, the Office may award the public
construction contract to the lowest responsible bidder.
4. The Office shall negotiate a fair and reasonable fee with
the project's consultant, if applicable, to make any necessary
revisions to the contract documents. The cost of this additional
consulting work shall be paid from the agency's available funds.
5. Approval and final award of the contract for the
construction negotiated pursuant to this subsection shall occur no
later than one hundred twenty (120) days from the opening bid.
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E. The Office is authorized to issue solicitations and award
statewide contracts for managed construction service delivery in
order to provide efficient and cost-effective procurement solutions
for public agencies. Statewide contracts may be either mandatory or
nonmandatory as determined by the Director Chief Operating Officer.
F. The Office is authorized to provide facility management and
operations and maintenance services for any state agency on a cost-
recovery basis for any facility operated by a state agency when:
1. The state agency initiates a request with the Director Chief
Operating Officer; or
2. The Director Chief Operating Officer determines a state
agency is performing in the bottom ten percent (10%) of all state
agencies with respect to performance measures for facility
management established by the Office.
G. In addition to the exception from this act hereby provided
to the Oklahoma State Regents for Higher Education and its
constituent institutions and the Commissioners of the Land Office,
the Director Chief Operating Officer may authorize an exemption to
the provisions of this act to any other state agency provided that
the recipient of the exemption:
1. Adopts standards, processes and procedures for planning,
budgeting, design, facility management, asset management and asset
preservation that are substantially compliant with those as
prescribed by the Office;
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2. Adheres to procurement requirements of Sections 62 through
65 of this title and the provisions of this act;
3. Reports benchmark, budget and ongoing performance data
required by the Office; and
4. Participates in annual performance reviews and organized
forums for promoting best practices statewide as determined by the
Director Chief Operating Officer.
SECTION 357. AMENDATORY 61 O.S. 2021, Section 208.2, as
amended by Section 33, Chapter 238, O.S.L. 2022 (61 O.S. Supp. 2025,
Section 208.2), is amended to read as follows:
Section 208.2. There is hereby created in the State Treasury a
revolving fund for the Office of Management and Enterprise Services,
to be designated the "State Construction Revolving Fund". The fund
shall be a continuing fund, not subject to fiscal year limitations,
and shall consist of all funds appropriated by the Legislature for
projects included in the annual capital plan; funds from
nonappropriated sources designated for projects within a capital
plan; allocations from an approved annual capital plan designed for
assessment and planning services; allocations from an approved
annual capital plan for emergency response in accordance with
Section 130 of this title; and fees collected by the Office in
accordance with the provisions of this section or as otherwise
provided by law. All monies accruing to the credit of the fund are
hereby appropriated and may be budgeted and expended by the Office.
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The fund shall be used to pay expenses resulting from contracts
awarded by the Office and to defray Office operating costs and
expenses the Office incurs to support construction-related
operations. Expenditures from the fund shall be made upon warrants
issued by the State Treasurer against claims filed as prescribed by
law with the Director Chief Operating Officer of the Office of
Management and Enterprise Services for approval and payment.
SECTION 358. AMENDATORY 61 O.S. 2021, Section 209, as
amended by Section 34, Chapter 238, O.S.L. 2022 (61 O.S. Supp. 2025,
Section 209), is amended to read as follows:
Section 209. The Director Chief Operating Officer of the Office
of Management and Enterprise Services shall promulgate rules:
1. For state agencies to perform minor construction projects;
2. Specifying building codes pursuant to the Oklahoma Uniform
Building Code Commission Act for construction projects;
3. Permitting state agencies who have the expertise, upon
written application to the Office of Management and Enterprise
Services, to perform any part of the responsibilities of the Office
pursuant to the provisions of the Public Facilities Act for a
specific project;
4. Specifying procedures and guidelines for the implementation
of shared savings financing by state agencies;
5. Specifying energy conservation performance guidelines, for
conducting a life cycle cost analysis of alternative architectural
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and engineering designs and alternative major items of energy-
consuming equipment to be retrofitted in existing state-owned or
leased structures and for developing energy performance indices to
evaluate the efficiency of energy utilization for completing designs
in the construction of state-financed and leased structures;
6. The time, manner, authentication, and form of making
requisitions to the Office;
7. The form and manner of submission for bids or proposals and
the manner of accepting and opening bids or proposals that may
include online bids pursuant to the Oklahoma Online Bidding Act;
8. The manner for a state agency to acquire services for
construction projects;
9. Conditions under which any of the rules herein authorized
may be waived;
10. The form of any document the Director Chief Operating
Officer requires;
11. Specifying provisions a state agency shall follow to adhere
to acquisition, contract, contract management and other provisions
of this title; and
12. Specifying the process a state agency shall follow to
establish the scope of work, schedule and cost estimate for all
publicly bid construction projects involving construction or
renovation of buildings.
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SECTION 359. AMENDATORY 61 O.S. 2021, Section 211, as
amended by Section 36, Chapter 238, O.S.L. 2022 (61 O.S. Supp. 2025,
Section 211), is amended to read as follows:
Section 211. When any state agency or department must replace
or supplement major items of energy-consuming equipment in existing
state-owned or leased structures or any self-contained unit of any
structure with other major items of energy-consuming equipment, the
selection of such items shall be made on the basis of a life cycle
cost analysis of alternatives in accordance with rules and
regulations promulgated by the Director Chief Operating Officer of
the Office of Management and Enterprise Services.
SECTION 360. AMENDATORY 61 O.S. 2021, Section 317, as
amended by Section 43, Chapter 238, O.S.L. 2022 (61 O.S. Supp. 2025,
Section 317), is amended to read as follows:
Section 317. The Office of Management and Enterprise Services is
hereby authorized and empowered to sell and execute oil and gas
leases, and other mining leases, on any of the lands of this state
under the control of said Office of Management and Enterprise
Services. Sale of Oklahoma State Capitol lands or parkways or the
Executive Mansion lands shall be made upon a basis of a retained
royalty of not less than one-eighth (1/8) of all the oil, gas, and
other minerals produced therefrom, and such additional cash bonus as
may be procured. Such leases shall contain a provision that in the
event of the discovery of natural gas, gas shall be furnished free
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of charge to any state institution located or hereafter located upon
the lands covered by said lease, or leases. Said leases shall be
sold only after advertisement for a period of three (3) weeks
electronically on an authorized state website and in a legal
newspaper published and of general circulation in the county in
which said lands are located. The sale shall be made to the highest
responsible bidder, and all bids for any tract shall be presented to
the Office of Management and Enterprise Services electronically or
in sealed envelopes, and shall all be opened and considered at the
same time. Said Office of Management and Enterprise Services shall
have the right to reject any and all of said bids and again
readvertise said lease, or leases, for sale.
The Office of Management and Enterprise Services is further
authorized to make and promulgate such additional rules and
regulations as he may deem necessary and for the best interest of
the state in facilitating the sale of said leases. The Director
Chief Operating Officer may contract with other state agencies to
implement the provisions of this section and any expenses charged
under such contract may be paid from the proceeds of the lease.
All monies derived from the sale of any and all of said leases,
and from any royalties subsequently accruing, after deduction of the
amount required to pay necessary and actual expenses of developing
the lease, shall be paid into the State Treasury and credited to the
Maintenance of State Buildings Revolving Fund.
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SECTION 361. AMENDATORY 61 O.S. 2021, Section 322, is
amended to read as follows:
Section 322. A. The Director Chief Operating Officer of the
Office of Management and Enterprise Services is hereby authorized to
grant easements, rights-of-way, and enter into contracts authorizing
the construction and maintenance of telephone, electric transmission
and distribution lines, railroad lines, telegraph lines, and
pipelines across any state lands under the management of said
Director Chief Operating Officer, and all lands set apart for the
use and benefit of any state agency, department, or institution
including all lands set apart for use of colleges, universities,
hospitals, and eleemosynary institutions. Said easements and
rights-of-way grants shall be for a period not to exceed twenty (20)
years and shall provide for such considerations, terms, and
conditions including privileges and conditions of renewal, as the
Director Chief Operating Officer of the Office of Management and
Enterprise Services may determine advisable for the best interests
of the state institutions in possession thereof.
B. The Commissioners of the Land Office, the Oklahoma Ordnance
Works Authority, the Midwestern Oklahoma Development Authority, the
Oklahoma Department of Transportation, the Oklahoma Turnpike
Authority, the Northeast Oklahoma Public Facilities Authority and
the Department of Wildlife Conservation and their lands shall be
exempt from the application of this section.
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SECTION 362. AMENDATORY 61 O.S. 2021, Section 323, as
amended by Section 44, Chapter 238, O.S.L. 2022 (61 O.S. Supp. 2025,
Section 323), is amended to read as follows:
Section 323. A. The Director Chief Operating Officer of the
Office of Management and Enterprise Services is hereby authorized to
lease for a temporary period of time the surface of any of the lands
belonging to the state described in Section 322 of this title, which
are not needed or required for the proper maintenance of the
institutions or departments in possession thereof.
B. Leases shall be for a period of time not exceeding five (5)
years and upon such other terms and conditions as the Director Chief
Operating Officer may determine to be in the best interests of the
state.
C. Leases shall provide for a termination of the lease upon
reasonable notice in writing whenever the needs of the state or the
institution in possession thereof requires the land.
D. The Director Chief Operating Officer may also execute lease
contracts for the lands to any institution or agency or department,
commission, or municipal subdivision that requires the need of the
land in conjunction with cooperation or participation in any city or
state project authorized by law, if contracts or agreements will not
interfere with or restrict in any manner, the proper use of the
lands by the state institution in possession thereof.
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E. The Commissioners of the Land Office, the Oklahoma Ordnance
Works Authority, the Midwestern Oklahoma Development Authority, the
Oklahoma Department of Transportation, the Oklahoma Turnpike
Authority and the Northeast Oklahoma Public Facilities Authority and
their lands shall be exempt from the application of this section.
F. Lands leased to private prison contractors pursuant to
Section 561 of Title 57 of the Oklahoma Statutes shall be exempt
from the application of this section.
SECTION 363. AMENDATORY 61 O.S. 2021, Section 324, as
amended by Section 45, Chapter 238, O.S.L. 2022 (61 O.S. Supp. 2025,
Section 324), is amended to read as follows:
Section 324. The Director Chief Operating Officer of the Office
of Management and Enterprise Services is authorized and directed to
take charge of, manage, and lease "Capitol Building Lands",
described as follows:
Lots 35, 36, 37, and 38 Northeast Highland Addition to Oklahoma
City, Oklahoma, known as Tract No. 44, being a part of Section 22 -
Twp. 12N - R - 3 West.
Lots 7, 8, 9, and 10, Block 1, Donley Heights, a subdivision of
Blocks 19 and 20, Barrows Second Addition to Oklahoma City,
Oklahoma. Lots 31 and 32, Block 4, of the subdivision of Lots 9 and
10, and 23 and 24 of Barrows First and Second Additions to Oklahoma
City, Oklahoma. Lots 11 and 12, Block 3, Northeast Highland
Addition, being a part of Blocks 25 and 26, Barrows Second Addition
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to Oklahoma City, Oklahoma. All of the above lots in Barrows
Addition being known as Tract No. 41.
Also the following acreage tracts of land:
Five (5) acres, situated one and one-half (1 1/2) miles East and
one and one-half (1 1/2) miles North of the State Capitol Building,
facing on Eastern Avenue and laying directly South of Springlake
Park, and known as Tract No. 28. Also described as S 1/2 of SE 1/4
of NE 1/4 of SE 1/4 of Section 14, Township 12 North, Range 3 West.
Also other lots and tracts not listed or described above
constituting the small balance of "State Capitol Building Land" not
heretofore disposed of pursuant to the provision of Chapter 298,
Session Laws 1919.
SECTION 364. AMENDATORY 61 O.S. 2021, Section 327, as
amended by Section 47, Chapter 238, O.S.L. 2022 (61 O.S. Supp. 2025,
Section 327), is amended to read as follows:
Section 327. A. Unless procedures for state agency real
property transactions are otherwise specifically provided for by
law, no state agency shall sell, lease, exchange, or otherwise
dispose of such real property subject to its jurisdiction, or lease,
purchase or otherwise acquire real property subject to its
jurisdiction, except as authorized by subsection L of this section
and as otherwise provided for in this section. As used in this
section, "state agency" means any department, board, commission,
institution, agency or entity of state government.
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B. 1. Every state agency shall request the Office of
Management and Enterprise Services to dispose of real property upon:
a. legislative authorization,
b. authorization by the Long-Range Capital Planning
Commission, or
c. a determination, in writing, by the Office of
Management and Enterprise Services or the state agency
that a parcel of real property subject to its
jurisdiction is no longer needed.
2. Upon the request of the state agency to dispose of real
property, the Office of Management and Enterprise Services shall
estimate the value of the property, and:
a. for properties with an estimated value of greater than
Twenty-five Thousand Dollars ($25,000.00), obtain at
least one complete appraisal made by a person
certified by the Real Estate Appraiser Board of the
Oklahoma Insurance Department, who shall ascertain:
(1) the present fair value of the property,
(2) the present value of the improvements on such
property, and
(3) the actual condition of the improvements on the
property,
b. after completion of the provisions of subsection L of
this section, cause notice of such sale to be
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published for at least one (1) day in a newspaper of
general statewide circulation authorized to publish
legal notices, and weekly for three (3) consecutive
weeks in a newspaper of general circulation published
in the county or counties in which the property is
located. The notice shall contain the legal
description of each parcel of real property to be
offered for sale, the appraised value thereof, the
time and location of the sale or opening of the bids,
and terms of the sale including the fact that no
parcel of property shall be sold for less than ninety
percent (90%) of the appraised value of the real
property; provided, in lieu of such procedure, the
information may be published electronically on the
Office of Management and Enterprise Services' website
if the notice of sale and instructions on accessing
the public information are published in a newspaper of
general circulation in the county or counties in which
the property is located weekly for three (3)
consecutive weeks,
c. offer the property through electronic auction, public
auction or sealed bids within three (3) weeks after
the last publication of the notice. The property
shall be sold to the highest bidder. The Office of
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Management and Enterprise Services shall not accept a
bid of less than ninety percent (90%) of the average
appraised fair value of the property and the
improvements on such property,
d. if the property is being disposed of in compliance
with Section 908 of Title 62 of the Oklahoma Statutes,
the Office may auction the property at public or
electronic auction provided proper public notice is
given in compliance with this section and the property
has been approved for liquidation by the Long-Range
Capital Planning Commission. The Office of Management
and Enterprise Services is authorized to reject all
bids,
e. if the property has an estimated value of less than
Twenty-five Thousand Dollars ($25,000.00), the Office
of Management and Enterprise Services may establish
the value through market comparison and may dispose of
the property based on estimated value without
obtaining a certified appraisal; provided, however,
the sale shall comply with all other requirements of
statute, and
f. if the property is landlocked, the Office of
Management and Enterprise Services may offer the
property through indirect sale to the adjacent
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property owner for not less than ninety percent (90%)
of fair market value, as determined in compliance with
this section. All sales costs, including any required
surveys and appraisals, shall be at the expense of the
buyer.
3. The cost of the appraisal required by the provisions of this
section, together with other necessary expenses incurred pursuant to
this section, shall be paid by the state agency for which the real
property is to be sold from funds available to the state agency for
such expenditure. All monies received from the sale or disposal of
the property, except those monies necessary to pay the expenses
incurred pursuant to this section, shall be deposited in the
Maintenance of State Buildings Revolving Fund unless otherwise
provided by law.
4. The Office of Management and Enterprise Services may dismiss
from consideration any appraisal found to be incomplete or flawed.
C. Unless otherwise provided by law, the Office of Management
and Enterprise Services shall review and approve state agency real
property transactions. A state agency shall not lease or acquire
real property, or lease, dispose of or transfer state-owned real
property until the Office provides notice of transaction approval to
the state agency. Prior to approval, a state agency shall provide
documents to the Office and provide reference to statutory or other
legal authority of the state agency to lease or acquire real
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property, or lease, dispose of or transfer state-owned real
property. If the state agency intends to lease or acquire real
property, the state agency shall state the intended use of the real
property, and shall provide the Office with required telework
documentation. Within thirty (30) days of receipt, the Office shall
provide notice of transaction approval or disapproval to the state
agency.
D. The provisions of this section shall not apply to the lease
of office space or real property subject to supervision of the
Commissioners of the Land Office or district boards of education.
E. 1. The Office of Management and Enterprise Services shall
maintain a comprehensive inventory of state-owned real property and
its use excluding property of the public schools and property
subject to the jurisdiction of the Commissioners of the Land Office.
2. Each state agency shall, within thirty (30) days of the
closing date for lands newly acquired, provide to the Office a list
of records, deeds, abstracts and other title instruments showing the
description of and relating to any and all such lands or interests
therein.
3. The provisions of paragraph 2 of this subsection shall apply
to all lands of public trusts having a state agency as the primary
beneficiary, but shall not apply to lands of municipalities,
counties, school districts, or agencies thereof, or Department of
Transportation rights-of-way.
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4. A state agency that sells or otherwise disposes of land
shall notify the Office within thirty (30) days of the disposition
closing date.
F. This section shall not be construed to authorize any state
agency, not otherwise authorized by law, to sell, lease, or
otherwise dispose of any real property owned by the state.
G. The Office of Management and Enterprise Services and the
Secretary of the Commissioners of the Land Office, or designee, as
provided in subsection L of this section may provide services to
sell, transfer, trade or purchase real property for other state
agencies.
H. The Director Chief Operating Officer of the Office of
Management and Enterprise Services shall, pursuant to the
Administrative Procedures Act, promulgate rules to effect procedures
necessary to the fulfillment of its responsibilities under this
section.
I. The Oklahoma Ordnance Works Authority and its lands, and the
Northeast Oklahoma Public Facilities Authority, the Oklahoma
Historical Society, the Oklahoma Department of Transportation, the
Oklahoma Turnpike Authority and the Department of Wildlife managed
lands shall be exempt from the application of this section. The
Grand River Dam Authority and its lands shall be exempt from the
application of this section for any real property disposed of prior
to November 1, 2006.
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J. Unless otherwise provided for by law, the procedures
established pursuant to this section for the sale or exchange of
real estate or personal property as authorized pursuant to Sections
2222 and 2223 of Title 74 of the Oklahoma Statutes shall be followed
unless the sale is to an entity of state government.
K. The Director Chief Operating Officer of the Office of
Management and Enterprise Services shall contract with experts,
professionals or consultants as necessary to perform the duties of
the Office. Selections shall be made using the qualifications-based
procedures established in Section 62 of this title and the rules
promulgated by the Director Chief Operating Officer for the
selection of construction managers and design consultants.
L. 1. No state agency shall sell, lease, exchange, or
otherwise dispose of such real property subject to its jurisdiction,
or lease, purchase or otherwise acquire real property subject to its
jurisdiction, until such agency or the Office of Management and
Enterprise Services acting on the agency's behalf has presented to
the Secretary of the Commissioners of the Land Office, or designee,
all information collected pursuant to subparagraph a of paragraph 2
of subsection B of this section, and provided the Secretary of the
Commissioners of the Land Office or designee a twenty-calendar-day
period to provide a proposal for the acquisition or disposal of
applicable real property.
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2. The Secretary of the Commissioners of the Land Office or
designee may decline to provide such a proposal; provided such
notice of decline is communicated to the Office of Management and
Enterprise Services in written or electronic form. Upon the
reception of such notice of decline by the Office of Management and
Enterprise Services, the twenty-calendar-day period otherwise
required by this subsection shall be deemed to have expired.
SECTION 365. AMENDATORY 61 O.S. 2021, Section 327.1, as
amended by Section 48, Chapter 238, O.S.L. 2022 (61 O.S. Supp. 2025,
Section 327.1), is amended to read as follows:
Section 327.1. A. When historic significance, location,
advancement of the long term capital asset plan or other factors
make disposition of state-owned properties under Section 327 of this
title not in the best interest of the state, the Office of
Management and Enterprise Services may invite the presentation of
written proposals for the purchase , lease, sale, exchange,
construction, maintenance, repair, improvement, development, or
redevelopment of state-owned property provided the property meets
one or more of the following criteria:
1. The property is listed on the National Register of Historic
Places;
2. The property is designated by the Oklahoma Historical
Society as a property of historical interest or significance;
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3. The property is located within the Oklahoma State Capitol
Complex; or
4. The property is located within a campus owned by the State
of Oklahoma.
B. Proposals shall be evaluated by a committee selected by the
Director Chief Operating Officer of the Office of Management and
Enterprise Services which shall include at least one member of the
Long-Range Capital Planning Commission or a designee. The
evaluation of the proposals shall be based on the principal criteria
of:
1. The proposal's economic benefits, cultural benefits, job
creation potential, advancement of long term capital asset plan or
other benefits to the State of Oklahoma and the general public;
2. The qualifications and experience of the construction or
maintenance provider, developer, or redeveloper;
3. The financial ability of the construction or maintenance
provider, developer, or redeveloper to complete the redevelopment in
a timely fashion; and
4. When applicable, the fidelity of the proposed renovation or
redevelopment with the historic significance of the property.
C. The Office of Management and Enterprise Services may enter
into negotiations with one or more respondents and may enter into
contracts with the respondent or respondents selected by the
committee.
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The Office of Management and Enterprise Services may reject any
and all proposals.
SECTION 366. AMENDATORY 61 O.S. 2021, Section 330.1, as
amended by Section 49, Chapter 238, O.S.L. 2022 (61 O.S. Supp. 2025,
Section 330.1), is amended to read as follows:
Section 330.1. All instruments vesting any right, title or
interest in lands or minerals and mineral rights, providing for the
passage of title or release of interest to or from the Office of
Management and Enterprise Services or any other state agency,
whether as grantor or grantee, and all instruments to adjust any
defect or irregularity or to remove any cloud on the title to lands
or minerals or mineral rights owned by the state, and all notices
and orders issued by the Office of Management and Enterprise
Services and proofs of publication thereof, shall be filed and
recorded by the proper officers of all counties of the State of
Oklahoma at the request of the Office of Management and Enterprise
Services without any filing or recording fee being charged.
SECTION 367. AMENDATORY 62 O.S. 2021, Section 34.11.9,
is amended to read as follows:
Section 34.11.9. A. There is hereby established the Oklahoma
State Government Business Licensing One-Stop Program.
B. The Chief Information Officer shall promulgate procedures by
which state agencies shall enter into an arrangement with the Office
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of Management and Enterprise Services for the provision of a real-
time licensing and permitting one-stop web-based offering.
C. Real-time licensing and permitting services shall be made
available to the public through the website Business.ok.gov and
shall be offered through the 2nd Century Entrepreneurship Center
business licensing framework.
D. The 2nd Century Entrepreneurship Center and all
corresponding assets and personnel are hereby transferred from the
Oklahoma Department of Commerce to the Information Services Division
of the Office of Management and Enterprise Services.
E. The Chief Information Officer may grant an exemption from
the requirements of this section to state agencies which offer
licensing and permitting procedures requiring documentation that
cannot be provided through a web-based portal. Exemptions shall be
limited to individual licensing processes, shall not be granted on
an agency-by-agency basis and shall be reported according to the
requirements of subsection D of Section 34.24.1 of this title. Each
exemption shall be renewed on an annual basis.
F. State agencies shall comply with procedures promulgated
pursuant to the terms of this section.
SECTION 368. AMENDATORY Section 1, Chapter 346, O.S.L.
2025 (62 O.S. Supp. 2025, Section 34.401), is amended to read as
follows:
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Section 34.401. In addition to other duties imposed upon the
Office of Management and Enterprise Services (OMES) by law, the
Director Chief Operating Officer of the Office of Management and
Enterprise Services shall ensure that the following procedures are
strictly adhered to with respect to the Oklahoma Department of
Mental Health and Substance Abuse Services:
1. In accordance with paragraph 3 of subsection A of Section
34.6 of this title, prior to releasing the one-twelfth (1/12)
appropriations disbursement, OMES shall conduct a review of the
agency's budget to actuals to ensure the agency is staying within
budget constraints;
2. OMES shall provide a report to the Governor, the Speaker of
the Oklahoma House of Representatives, the President Pro Tempore of
the Oklahoma State Senate, and the chairs and vice-chairs of the
standing committees of the Oklahoma House of Representatives and the
Oklahoma State Senate having primary responsibility for the
consideration of agency appropriations concerning the status of
revenue and expenditures of the agency;
3. The Oklahoma Department of Mental Health and Substance Abuse
Services shall be prohibited from entering into contracts that do
not clearly state a maximum fiscal obligation;
4. OMES shall review encumbrances for any multi-year purchase
orders or contracts to ensure that only the anticipated amount of
funds for the current fiscal year are encumbered; and
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5. OMES shall prohibit the processing of payments for non-
budgeted expenditures.
SECTION 369. AMENDATORY 62 O.S. 2021, Section 35.5, is
amended to read as follows:
Section 35.5. A. 1. All state agencies shall provide to the
Chief Information Officer a list of information technology assets of
the agency which are integral to agency-specific applications or
functions and a list of information technology positions which are
directly associated with the assets. The agency shall further
provide the reference to federal or state statutory or
constitutional provisions which require it to perform the
applications or functions.
2. If the Chief Information Officer disputes the identification
of assets or positions provided by a state agency as being integral
to agency-specific applications or functions, the Director Chief
Operating Officer of the Office of Management and Enterprise
Services shall make the final determination.
B. Not later than December 1 of each year, the Chief
Information Officer shall modify the assessment required by
subsection D of Section 34.11.1 of this title to include
identification of:
1. All information technology assets of all state agencies,
which are not integral to agency-specific applications or functions,
and the transfer of which to the Information Services Division of
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the Office of Management and Enterprise Services and the Chief
Information Officer would result in a cost savings to the taxpayers
of this state or improved efficiency of state government operations,
including all furniture, equipment, vehicles, supplies, records,
current and future liabilities, fund balances, encumbrances,
obligations, and indebtedness associated with the information
technology assets;
2. All information technology positions associated with the
information technology assets identified pursuant to paragraph 1 of
this subsection. The assessment shall identify the amount of
compensation and related liabilities for accrued sick leave, annual
leave, holidays, unemployment benefits, and workers' compensation
benefits for the positions;
3. The amount of savings to the taxpayers of this state
resulting from the provisions of the Information Technology
Consolidation and Coordination Act; and
4. Any changes in law required or any changes to the amount of
state appropriations or other state funds associated with the
transfer of the information technology assets or positions.
C. The information technology assets and positions of each
appropriated state agency identified pursuant to this section shall
be transferred as part of the consolidation of information
technology operations of the state agency to the Information
Services Division of the Office of Management and Enterprise
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Services when determined by the Information Services Division. The
costs of operation, maintenance, licensing and service of the
information technology assets shall remain the responsibility of the
state agency from which the assets are transferred until the state
agency information technology operations are consolidated in the
Information Services Division, unless otherwise agreed to by the
state agency and the Information Services Division. Appropriate
conveyances and other documents shall be executed to effectuate the
transfer of the information technology assets and positions to the
Information Services Division of the Office of Management and
Enterprise Services.
D. The Chief Information Officer shall recommend changes to the
Director Chief Operating Officer of the Office of Management and
Enterprise Services and the Governor for inclusion in the next
executive budget to be submitted to the Legislature.
E. The Information Services Division shall provide shared
services to each state agency and shall bill agencies for those
shared services at an estimated cost to provide the services. The
estimated cost shall include the full cost of the services,
including materials, depreciation related to capital costs, labor,
and administrative expenses of the Information Services Division of
the Office of Management and Enterprise Services in connection with
the operation of the data center and Information Services Division
operations and shall include expenses associated with acquiring,
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installing, and operating information technology and
telecommunications infrastructure, hardware and software for use by
state agencies. The Information Services Division shall publish a
schedule of costs for each available shared service and shall enter
into an agreement with each state agency for the shared services
that will be provided to the agency. The aggregated cost of shared
services to be provided to each state agency shall be budgeted
annually as a separate line item through each state agency. State
agencies shall process request for payments as provided for under
the agreement entered into with the Information Services Division in
a timely manner. If payments are deemed to be delinquent for shared
services provided to a state agency, the Information Services
Division may request the Division of Central Accounting and
Reporting of the Office of Management and Enterprise Services to
create vouchers and process payments to the Information Services
Division against the funds of the delinquent state agency. If the
state agency for which shared services were provided disputes the
provision of shared services in accordance with its agreement with
the Information Services Division, no voucher shall be processed
against the funds of the delinquent agency until the dispute over
services has been resolved, at which point a voucher may be
processed in accordance with the terms of the dispute resolution.
F. The Information Services Division of the Office of
Management and Enterprise Services shall succeed to any contractual
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rights, easement rights, lease rights, and other similar rights and
responsibilities related to the information technology assets that
are transferred as provided for in this section and incurred by an
appropriated state agency.
SECTION 370. AMENDATORY 62 O.S. 2021, Section 35.7, is
amended to read as follows:
Section 35.7. A. A state agency may apply to the Chief
Information Officer for an exemption from any provisions of the
Information Technology Consolidation and Coordination Act or for an
extension of any deadline specified in the Act, if it determines
that compliance with the provisions of the Act would:
1. Cause it to be in violation of federal law or regulations or
in violation of any provision of the Oklahoma Constitution or
statutes;
2. Result in a loss of federal funds to the state; or
3. Create an impediment to the performance of a unique agency
function that is not duplicated by another state agency and is
required by the Oklahoma Statutes or Constitution or by federal law.
B. Any state agency applying for an exemption or extension
pursuant to this section shall provide written documentation of the
circumstances to the Chief Information Officer. After reviewing the
documentation, the Chief Information Officer shall grant or deny the
application. If the state agency disputes the decision of the Chief
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Information Officer, the Director Chief Operating Officer of the
Office of Management and Enterprise Services shall make the final
determination as to whether the exemption or extension will be
granted.
SECTION 371. AMENDATORY 62 O.S. 2021, Section 35.9, is
amended to read as follows:
Section 35.9. Quarterly progress reports.
In addition to any other reporting requirements required by law,
the Chief Information Officer shall submit quarterly progress
reports to the Director Chief Operating Officer of the Office of
Management and Enterprise Services, the Speaker of the House of
Representatives and the President Pro Tempore of the Senate. The
reports shall be submitted not later than January 31, April 30, July
31 and October 31 of each year and shall include, but not be limited
to, the following information:
1. The status of the implementation of the plan of action
required in paragraph 2 of subsection D of Section 34.11.1 of this
title;
2. A list of information technology assets and positions
transferred to the Information Services Division of the Office of
Management and Enterprise Services pursuant to the provisions of
subsection C of Section 35.5 of this title;
3. After July 1, 2012, and until the information technology
consolidation is completed, an annual reduction of three percent
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(3%) in operational information technology and telecommunications
expenditures realized in the aggregate by all consolidated state
agencies;
4. A list of all state agencies which are not using the shared
services as required in Section 35.6 of this title;
5. A list of all exemptions or extensions granted pursuant to
the provisions of Section 35.7 of this title; and
6. Any other information as deemed appropriate by the Chief
Information Officer.
SECTION 372. AMENDATORY 62 O.S. 2021, Section 36, is
amended to read as follows:
Section 36. A. There is hereby created in the State Treasury a
fund for the Office of Management and Enterprise Services to be
designated the "Digital Transformation Program Revolving Fund". The
fund shall be a continuing fund, not subject to fiscal year
limitations, and shall consist of monies designated to the fund by
law. All monies accruing to the credit of the fund are hereby
appropriated and may be budgeted and expended by the Office of
Management and Enterprise Services for the purpose of implementing
digital transformation initiatives, and upon request of the Oklahoma
Department of Commerce, to pay for administrative support expenses
for the Rural Broadband Expansion Council as provided by Section 3
of this act. Expenditures from the fund shall be made upon warrants
issued by the State Treasurer against claims filed as prescribed by
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law with the Director Chief Operating Officer of the Office of
Management and Enterprise Services for approval and payment.
B. Monthly the Director Chief Operating Officer of the Office
of Management and Enterprise Services shall submit reports to the
Speaker of the Oklahoma House of Representatives, the President Pro
Tempore of the Oklahoma State Senate, the Chair of the
Appropriations and Budget Committee of the Oklahoma House of
Representatives and the Chair of the Appropriations Committee of the
Oklahoma State Senate detailing:
1. Expenditures from the Digital Transformation Program
Revolving Fund; and
2. Projects under consideration for future expenditures from
the fund.
SECTION 373. AMENDATORY 62 O.S. 2021, Section 45.3, is
amended to read as follows:
Section 45.3. A. Each state agency shall make a strategic plan
for its operations. The first strategic plans will be due October
1, 2001, and in each subsequent even-numbered year. Each state
agency plan shall cover five (5) fiscal years beginning with the
next odd-numbered fiscal year.
B. The Office of Management and Enterprise Services shall
determine the elements required to be included in each agency's
strategic plan. Unless modified by the Office of Management and
Enterprise Services, and except as provided by subsection C of this
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section, a plan must include, but is not limited to, the following
items:
1. A statement of the mission and goals of the state agency;
2. A description of the indicators developed under this act and
used to measure the output and outcome of the agency and its
programs;
3. Identification of the groups of people served by the agency,
including those having service priorities, or other service measures
established by law, and estimates of changes in those groups
expected during the term of the plan;
4. An analysis of the use of the agency's resources to meet the
agency's mission, including future needs, and an estimate of
additional resources that may be necessary to achieve said mission;
5. An analysis of expected changes in the services provided by
the agency because of changes in state or federal law;
6. A description of the means and strategies, including cost-
containment strategies and efficiency proposals, for meeting the
agency's needs, including future needs, and achieving the goals for
each area of state government for which the agency provides
services;
7. A summary of the capital improvement needs of the agency
which were provided to the Long-Range Capital Planning Commission as
required by Section 901 of this title; and
8. Other information that may be required.
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C. A state agency's plan that does not include an item
described by subsection B of this section must include the reason
the item does not apply to the agency.
D. Each state agency's plan shall be submitted at the same time
as the estimate of funds needed developed pursuant to Section 34.36
of this title.
E. A state agency shall send one copy of the plan each to:
1. The Governor;
2. The President Pro Tempore of the State Senate;
3. The Speaker of the House of Representatives;
4. The Legislative Oversight Committee on State Budget
Performance;
5. The Chair and Vice Chair of the Joint Committee on
Accountability in Government;
6. The Director Chief Operating Officer of the Office of
Management and Enterprise Services; and
7. The State Auditor and Inspector.
F. In this section, "capital improvement" means any building or
infrastructure project that will be owned by the state and built
with direct appropriations or with the proceeds of state-issued
bonds or paid from revenue sources other than general revenue at a
cost of at least Twenty-five Thousand Dollars ($25,000.00) and has a
useful life of at least five (5) years.
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SECTION 374. AMENDATORY 62 O.S. 2021, Section 45.4, is
amended to read as follows:
Section 45.4. The official forms which must be used in making
those plans shall be approved or furnished by the Director Chief
Operating Officer of the Office of Management and Enterprise
Services.
SECTION 375. AMENDATORY 62 O.S. 2021, Section 45.11, is
amended to read as follows:
Section 45.11. A. No later than October 1 of each year, each
state agency shall submit a program management and performance
report to the Chair and Vice Chair of the House Appropriations and
Budget Committee, the Chair and Vice Chair of the Senate
Appropriations Committee, the Chair and Vice Chair of the Senate
Finance Committee, and the Director Chief Operating Officer of the
Office of Management and Enterprise Services. The report shall
contain, at a minimum, detailed data for each agency program
relating to each of the evaluation factors set out in Section 45.9
of Title 62 of the Oklahoma Statutes. It shall also list:
1. Specific cost avoidance and cost containment measures
implemented during the previous fiscal year;
2. The agency's methodology for:
a. determining its fee structure,
b. calculating fees, and
c. measuring customer satisfaction;
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3. Programs or operations not required for the agency's core
function; and
4. Details showing the actual cost of any programs or
operations listed under paragraph 3 of this subsection.
B. For purposes of this section:
1. "State agency" means a governmental agency as defined in
Section 34.29 of Title 62 of the Oklahoma Statutes that receives an
appropriation and is authorized to adopt a fee; and
2. "Program" means a service, contract, operation or procedure
of an agency.
SECTION 376. AMENDATORY 62 O.S. 2021, Section 46.5, is
amended to read as follows:
Section 46.5. A. There is hereby created until July 1, 2023,
the "State Revenue Apportionment Evaluation Commission".
B. The Commission shall consist of nine (9) members to be
appointed or selected as follows:
1. Two persons appointed by the Governor;
2. Two persons to be appointed by the Speaker of the Oklahoma
House of Representatives, one member of the majority party and one
member of the minority party;
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3. Two persons to be appointed by the President Pro Tempore of
the Oklahoma State Senate, one member of the majority party and one
member of the minority party;
4. The Executive Director of the Oklahoma Tax Commission or a
designee;
5. The Director Chief Operating Officer of the Office of
Management and Enterprise Services or a designee; and
6. The State Treasurer or a designee.
C. Any person appointed to the Commission pursuant to
subsection B of this section shall serve at the pleasure of the
appointing authority and may be removed by such appointing authority
without cause.
D. The Commission shall hold an organizational meeting not
later than sixty (60) days after the effective date of this act and
shall select from among its membership a chair and vice-chair.
E. The Commission shall be subject to the provisions of the
Oklahoma Open Meeting Act and the Oklahoma Open Records Act.
F. The Commission shall be authorized to meet as often as
required in order to perform the duties imposed upon it by law.
G. Staff assistance to the Commission shall be provided by the
Oklahoma House of Representatives, the Oklahoma State Senate, the
Office of Management and Enterprise Services and the Oklahoma Tax
Commission.
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H. The Commission shall analyze the state revenue system with
special emphasis on the amount of revenue which is apportioned for
purposes other than expenditures from the General Revenue Fund of
the State Treasury. The Commission shall prepare a summary, within
one hundred twenty (120) days after the end of each fiscal year, of
the revenue sources which are apportioned to destinations other than
the General Revenue Fund, the amount of revenue apportioned to those
sources or purposes and the tax or other revenue system from which
the apportionment is derived, the total amount of revenue from the
state tax and revenue structure that is apportioned for purposes
other than expenditures from the General Revenue Fund, a summary of
any changes to apportionments enacted during the immediately
preceding regular session of the Legislature and any other
information which the Commission determines to be necessary for a
complete analysis of the topic of apportioned revenues.
I. The annual report required by subsection H of this section
shall be delivered to the Governor, the Speaker of the Oklahoma
House of Representatives and the President Pro Tempore of the State
Senate by the deadline prescribed in subsection H of this section.
The annual report shall also be posted to the Internet website of
the Oklahoma Tax Commission.
SECTION 377. AMENDATORY 62 O.S. 2021, Section 48, is
amended to read as follows:
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Section 48. A. There is hereby created in the State Treasury a
revolving fund for the Oklahoma Department of Commerce to be
designated the "Oklahoma Opportunity Fund". The fund shall be a
continuing fund, not subject to fiscal year limitations and shall
consist of:
1. All monies apportioned or allocated to the fund pursuant to
law;
2. Any amounts appropriated by the Legislature to the fund;
3. Interest earned on the investment of money in the fund; and
4. Gifts, grants, and other donations received for the fund.
B. All monies accruing to the credit of the fund are hereby
appropriated and may be budgeted and expended by the Governor for
the purposes of economic development and related infrastructure
development, subject to the unanimous approval of the Contingency
Review Board pursuant to subsection E of this section. Expenditures
from the fund shall be made upon warrants issued by the State
Treasurer against claims filed as prescribed by law with the
Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment.
C. Expenditures from the Oklahoma Opportunity Fund shall be
proposed by the Director of the Oklahoma Department of Commerce.
The Director of the Oklahoma Department of Commerce shall only
propose expenditures that the Director determines are expected to
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result in a substantial economic benefit to the state through any of
the following:
1. The creation of new jobs which offer a basic health benefit
plan, as defined in the Oklahoma Quality Jobs Program Act;
2. The maintenance of existing jobs which are at risk for
termination;
3. Investment in new real property, plant or equipment or in
the improvement or retooling of existing plant or equipment; or
4. Additional revenues in either ad valorem, income or sales
and use taxes.
D. The Oklahoma Department of Commerce shall develop rules for
the process of reviewing proposed expenditures from the Oklahoma
Opportunity Fund and for determination of whether or not proposed
expenditures meet the criteria identified in subsection C of this
section. Criteria shall include requirements for economic impact,
local participation in the project and average wage thresholds.
E. No expenditure shall be made from the Oklahoma Opportunity
Fund unless such expenditure has been unanimously approved by the
Contingency Review Board.
F. The Oklahoma Department of Commerce shall administer the
Oklahoma Opportunity Fund. The Governor may, on behalf of this
state and with the express approval of the Contingency Review Board,
award monies by entering into a written agreement.
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G. Before awarding any monies pursuant to subsection F of this
section, the Governor shall enter into a written agreement with the
entity to be awarded the money specifying that:
1. If any or all of the amount to be awarded is used to build a
capital improvement:
a. the state retains a lien or other interest in the
capital improvement in proportion to the amount
awarded by the written agreement for the capital
improvement, and
b. if the capital improvement is sold, the recipient of
the award shall:
(1) repay to the state the money awarded to pay for
the capital improvement, with interest at the
rate and according to the other terms provided by
the agreement, and
(2) share with the state a proportionate amount of
any profit realized from the sale; and
2. If, as of the date certain provided in the agreement, the
award recipient has not used monies awarded under this section for
the intended purposes, the recipient shall repay that amount and any
related interest to the state at the agreed rate and on the agreed
terms.
H. The Legislature finds that for profit entities, nonprofit
entities and state and local governmental entities that qualify for
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funding pursuant to the provisions of this section are a source of
economic benefits for the state, its political subdivisions and its
residents that can only be achieved through the use of specialized
economic incentives. All expenditures from the Oklahoma Opportunity
Fund shall be deemed to be in furtherance of essential governmental
functions for public purposes as a method of promoting and
sustaining economic growth and activity within the State of
Oklahoma.
SECTION 378. AMENDATORY 62 O.S. 2021, Section 48.2, is
amended to read as follows:
Section 48.2. A. There is hereby created in the State Treasury
a revolving fund for the Oklahoma Department of Commerce to be
designated the Oklahoma Quick Action Closing Fund. The fund shall
be a continuing fund, not subject to fiscal year limitations and
shall consist of:
1. All monies apportioned or allocated to the fund pursuant to
law;
2. Any amounts appropriated by the Legislature to the fund;
3. Interest earned on the investment of money in the fund;
4. Gifts, grants, and other donations received for the fund;
and
5. Five percent (5%) of all funds paid by the Tax Commission to
establishments that execute contracts for payment of incentives
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pursuant to the Oklahoma Quality Jobs Program Act and the 21st
Century Quality Jobs Incentive Act if the contract is executed on or
after the August 2, 2018.
B. All monies accruing to the credit of the fund are hereby
appropriated and may be budgeted and expended by the Governor for
the purposes of economic development and related infrastructure
development in instances in which expenditure of such funds would
likely be a determining factor in locating a high-impact business
project or facility in Oklahoma, in retaining such project or
facility within the state or for payment of rebates to a high impact
production pursuant to the Oklahoma Film Enhancement Rebate Program.
Expenditures from the fund shall be made upon warrants issued by the
State Treasurer against claims filed as prescribed by law with the
Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment.
C. In order to qualify for any funds from the Oklahoma Quick
Action Closing Fund, the establishment making application shall be
engaged in a business activity described by a North American
Industry Classification System (NAICS) Code used to define
eligibility for incentive payments from the Oklahoma Quality Jobs
Program Act as defined in Section 3603 of Title 68 of the Oklahoma
Statutes or a business activity described by Section 3603 of Title
68 of the Oklahoma Statutes or be engaged in a "basic industry" used
to define eligibility for incentive payments from the 21st Century
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Quality Jobs Incentive Act as prescribed by Section 3913 of Title 68
of the Oklahoma Statutes or a high impact production company which
has been approved for a rebate pursuant to the provisions of Section
3624 of Title 68 of the Oklahoma Statutes.
D. Except in the case of a high impact production company
which has been approved for a rebate pursuant to the provisions of
Section 3624 of Title 68 of the Oklahoma Statutes, the Governor
shall not approve payments from the Oklahoma Quick Action Closing
Fund unless the Department of Commerce has conducted a complete
analysis of the potential impact of the applicant's business
activity which shall include, but not be limited to:
1. The number of jobs to be created by a new business
establishment;
2. The number of jobs to be retained by an existing business
establishment;
3. The average salary of jobs to be created by a new
establishment;
4. The average salary of jobs to be retained by an existing
business establishment;
5. The total capital investment to be made by the business
establishment;
6. The likelihood of other business establishments locating
within the same vicinity or within the state as a result of the
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business activity to be conducted by the entity to receive payments
from the Oklahoma Quick Action Closing Fund;
7. The impact on the economy of the area or community in which
the business activity of the applicant is or will be conducted; and
8. Such other factors as the Governor and the Department of
Commerce determine to be relevant.
E. The Oklahoma Department of Commerce shall administer the
Oklahoma Quick Action Closing Fund, and expenditures from the fund
shall be recommended by the Director of the Oklahoma Department of
Commerce to the Governor after a thorough evaluation of selected
projects or facilities or after a rebate is approved for payment to
a high impact production company pursuant to the provisions of
Section 3624 of Title 68 of the Oklahoma Statutes. Except for
rebates approved pursuant to the provisions of Section 3624 of Title
68 of the Oklahoma Statutes, the Director of the Oklahoma Department
of Commerce shall only recommend expenditures that the Director
determines are expected to result in a net economic benefit to the
state through the following:
1. The creation of new jobs which offer a basic health benefit
plan, as defined in the Oklahoma Quality Jobs Program Act;
2. The maintenance of existing jobs which are at a risk for
termination;
3. Investment in new real property, plant or equipment or in
the improvement or retooling of existing plant or equipment; or
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4. Additional revenues in either ad valorem, income or sales
and use taxes.
F. The Oklahoma Department of Commerce shall develop rules for
the process of reviewing proposed expenditures from the Oklahoma
Quick Action Closing Fund and for the determination of whether or
not proposed expenditures meet the criteria identified in subsection
E of this section. Criteria shall include, but not be limited to,
requirements for economic impact, local participation in the
project, capital investment and average wage thresholds.
G. Upon receipt of an evaluation that recommends an expenditure
from the Oklahoma Quick Action Closing Fund from the Director of the
Oklahoma Department of Commerce, the Governor shall provide the
evaluation and recommendation to the President Pro Tempore of the
State Senate and the Speaker of the Oklahoma House of
Representatives before giving final approval for the expenditure on
the project. The Executive Office of the Governor shall recommend
final approval of an expenditure on a project pursuant to
consultation with the President Pro Tempore of the State Senate and
the Speaker of the Oklahoma House of Representatives.
H. Upon approval by the Governor, the Oklahoma Department of
Commerce shall enter into an agreement that sets forth the
conditions for payment of monies from the Oklahoma Quick Action
Closing Fund. The agreement must include:
1. The total amount of funds awarded;
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2. Except in the case of a rebate approved for payment to a
high impact production company pursuant to the provisions of Section
3624 of Title 68 of the Oklahoma Statutes, the performance
conditions that must be met to obtain the award including, but not
limited to, net new employment in the state, average salary, and
total capital investment;
3. If appropriate, a baseline of current service and measure of
enhanced capability;
4. The methodology of validating performance;
5. The schedule of payments from the fund, and claw-back
provisions for failure to meet performance conditions; and
6. A requirement that no monies paid from the Oklahoma Quick
Action Closing Fund shall be used by a recipient or any other person
or entity for purposes of any political contribution to or on behalf
of any candidate or for the support of or opposition to any measure
including but not limited to an initiative petition or referendum.
I. The Department of Commerce shall make available on its
website or other website dedicated for this purpose a complete
disclosure of all payments made from the Oklahoma Quick Action
Closing Fund. The disclosure shall include a description of the
expenditures made by the business establishment with the payments
made from the fund. No proprietary information of the business
establishment shall be subject to the requirements of this
subsection.
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J. If any or all of the amount to be awarded is used to build a
capital improvement, except in the case of an amount approved for
payment to a high impact production company pursuant to the
provisions of Section 3624 of Title 68 of the Oklahoma Statutes:
1. The funds used for the capital improvement shall be deemed
to be held in trust for the benefit of the state and shall be
considered as a priority claim for purposes of federal bankruptcy
law; and
2. If the capital improvement is sold, the recipient of the
award shall:
a. repay the state the money awarded to pay for the
capital improvement, with interest at the rate and
according to the other terms provided by the
agreement, and
b. share with the state a proportionate amount of any
profit realized from the sale.
K. If, as of the date certain provided in the agreement, the
award recipient has not used monies awarded for the intended
purposes, the recipient shall repay that amount and any related
interest to the state at the agreed rate and on the agreed terms and
any such amounts shall be deemed to be held in trust for the benefit
of the state and shall be considered as a priority claim for
purposes of federal bankruptcy law.
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SECTION 379. AMENDATORY 62 O.S. 2021, Section 49, is
amended to read as follows:
Section 49. On or before November 1 of each year, the Office of
Management and Enterprise Services shall develop and publish a
multi-year trend analysis of the state's budget outlook which
includes the current fiscal year, the ensuing fiscal year and the
following two (2) fiscal years. The trend analysis shall include
projections of revenues and expenditures reflecting the best
available information concerning economic activity, population
change, policy developments and other factors affecting the state
budget. The analysis shall be provided to the President Pro Tempore
of the Senate, members of the Senate Appropriations and Finance
Committees, the Speaker of the House of Representatives and members
of the House Appropriations and Budget Committee.
SECTION 380. AMENDATORY 62 O.S. 2021, Section 57.39, is
amended to read as follows:
Section 57.39. The bonds and interest coupons attached thereto
shall be delivered to the purchaser thereof only upon payment of par
and accrued interest to the date of delivery thereof, together with
any premium bid. The proceeds of the sale of said bonds shall be
deposited in the State Treasury of this state, in a fund which is
hereby created and designated the "1961 Building Bond Fund", where
they shall remain subject to disposition to be provided for by the
Legislature of this state, provided that the State Treasurer, when
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so directed by the Director Chief Operating Officer of the Office of
Management and Enterprise Services and the Oklahoma State Regents
for Higher Education acting on behalf of the governing boards,
according to the funds allocated, as to the amounts available for
investment shall invest said designated amounts of the 1961 Building
Bond Fund in direct obligations of the United States of America or
in certificates of deposits from banks in this state acceptable as
depositories by the State Treasurer when such certificates of
deposits are secured by acceptable collateral and yield as much as
or more than direct obligations of the United States of America.
All such investments of said monies must be so made that the same
shall mature in time to enable this state to issue warrants for
payment of the valid indebtedness incurred for the purpose for which
said bonds are issued, when the said indebtedness has been incurred
pursuant to legislative authority. The Director Chief Operating
Officer of the Office of Management and Enterprise Services and the
Oklahoma State Regents for Higher Education shall promptly certify
to the State Treasurer the amount of all sums not needed for payment
of construction and other legal expenditures payable from the 1961
Building Bond Fund to meet the construction payment schedule, and
upon receipt of such certification the State Treasurer shall
forthwith make the investment specified in this section. All
interest received by the State Treasurer upon the securities
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referred to in this section shall be deposited in the 1961 Building
Bond Fund.
SECTION 381. AMENDATORY 62 O.S. 2021, Section 57.69, is
amended to read as follows:
Section 57.69. The bonds and interest coupons attached thereto
shall be delivered to the purchaser thereof only upon payment of par
and accrued interest to the date of delivery thereof, together with
any premium bid. The proceeds of the sale of said bonds shall be
deposited in the State Treasury to a fund which is hereby created
and designated the "State of Oklahoma Institutional Building Bonds
of 1965 Fund", where they shall remain subject to disposition to be
provided for by the Legislature of this state, provided that the
State Treasurer, when so directed by the Director Chief Operating
Officer of the Office of Management and Enterprise Services and the
Oklahoma State Regents for Higher Education acting on behalf of the
governing boards, according to the funds allocated, as to the
amounts available for investment shall invest said designated
amounts of the State of Oklahoma Institutional Building Bonds of
1965 Fund in direct obligations of the United States of America or
in certificates of deposits from banks in this state acceptable as
depositories by the State Treasurer when such certificates of
deposits are secured by the acceptable collateral and yield as much
as or more than direct obligations of the United States of America.
All such investments of said monies must be made so that the same
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shall mature in time to enable this state to issue warrants for
payment of the valid indebtedness incurred for the purpose for which
said bonds are issued, when the said indebtedness has been incurred
pursuant to legislative authority. The Director Chief Operating
Officer of the Office of Management and Enterprise Services and the
Oklahoma State Regents for Higher Education shall promptly certify
to the State Treasurer the amount of all sums not needed for payment
of construction and other legal expenditures payable from the State
of Oklahoma Institutional Building Bonds of 1965 Fund to meet the
construction payment schedule, and upon receipt of such
certification the State Treasurer shall make the investment
specified in this section. All interest received by the State
Treasurer upon the securities referred to in this section shall be
deposited in the State of Oklahoma Institutional Building Bonds of
1965 Fund.
SECTION 382. AMENDATORY 62 O.S. 2021, Section 57.89, is
amended to read as follows:
Section 57.89. The bonds and interest coupons attached thereto
shall be delivered to the purchaser thereof only upon payment of par
and accrued interest to the date of delivery thereof, together with
any premium bid. The proceeds of the sale of said bonds shall be
deposited in the State Treasury, in a fund which is hereby created
and designated the "1965 Institutional Building Bond Fund Series C",
where they shall remain subject to disposition to be provided for by
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the Legislature of this state, provided that the State Treasurer,
when so directed by the Director Chief Operating Officer of the
Office of Management and Enterprise Services and the Oklahoma State
Regents for Higher Education acting on behalf of the governing
boards, according to the funds allocated, as to the amounts
available for investment shall invest said designated amounts of the
1965 Institutional Building Bond Fund Series C in direct obligations
of the United States of America or in certificates of deposits from
banks in this state acceptable as depositories by the State
Treasurer when such certificates of deposits are secured by the
acceptable collateral and yield as much as or more than direct
obligations of the United States of America. All such investments
of said monies must be made so that the same shall mature in time to
enable this state to issue warrants for payment of the valid
indebtedness incurred for the purpose for which said bonds are
issued, when the said indebtedness has been incurred pursuant to
legislative authority. The Director Chief Operating Officer of the
Office of Management and Enterprise Services and the Oklahoma State
Regents for Higher Education shall promptly certify to the State
Treasurer the amount of all sums not needed for payment of
construction and other legal expenditures payable from the 1965
Institutional Building Bond Fund Series C to meet the construction
payment schedule, and upon receipt of such certification the State
Treasurer shall make the investment specified in this section. All
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interest received by the State Treasurer upon the securities
referred to in this section shall be deposited in the 1965
Institutional Building Bond Fund Series C.
Added Laws 1967, c. 289, § 9, emerg. eff. May 8, 1967. Amended by
Laws 1983, c. 304, § 57, eff. July 1, 1983; Laws 1989, c. 343, § 14,
operative July 1, 1989.; Laws 2012, c. 304, § 432.
SECTION 383. AMENDATORY 62 O.S. 2021, Section 57.109, is
amended to read as follows:
Section 57.109. The bonds and interest coupons attached thereto
shall be delivered to the purchaser thereof only upon payment of par
and accrued interest to the date of delivery thereof, together with
any premium bid. The proceeds of the sale of said bonds shall be
deposited in the State Treasury in the sinking fund, where they
shall remain subject to disposition as provided for by the
Legislature of this state, provided that the State Treasurer, when
so directed by the Director Chief Operating Officer of the Office of
Management and Enterprise Services and the Oklahoma State Regents
for Higher Education acting on behalf of the governing boards,
according to the funds allocated, as to the amounts available for
investment shall invest said designated amounts of the sinking fund
in direct obligations of the United States of America or in
certificates of deposits from banks in this state acceptable as
depositories by the State Treasurer when such certificates of
deposits are secured by the acceptable collateral and yield as much
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as or more than direct obligations of the United States of America.
All such investments of said monies must be made so that the same
shall mature in time to enable this state to issue warrants for
payment of the valid indebtedness incurred for the purpose for which
said bonds are issued, when the said indebtedness has been incurred
pursuant to legislative authority. The Director Chief Operating
Officer of the Office of Management and Enterprise Services and the
Oklahoma State Regents for Higher Education shall promptly certify
to the State Treasurer the amount of all sums not needed for payment
of construction and other legal expenditures payable from the
sinking fund to meet the construction payment schedule, and upon
receipt of such certification the State Treasurer shall make the
investment specified in this section. All interest received by the
State Treasurer upon the securities referred to in this section
shall be deposited in the sinking fund.
SECTION 384. AMENDATORY 62 O.S. 2021, Section 57.189, is
amended to read as follows:
Section 57.189. The Director Chief Operating Officer of the
Office of Management and Enterprise Services and the governing
boards of the institutions of higher education are authorized to
enter into necessary contracts and exercise supervision of the
expenditure of funds authorized by Sections 57.181 through 57.191 of
this title.
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SECTION 385. AMENDATORY 62 O.S. 2021, Section 57.306, is
amended to read as follows:
Section 57.306. A. There is hereby created in the State
Treasury of the State of Oklahoma the "Oklahoma Building Bonds of
1992 Fund". The proceeds of the sale of bonds pursuant to this act
shall be deposited in said fund, where they shall remain subject to
disposition to be provided for by the Legislature of this state,
provided that the State Treasurer, when so directed by the
Commission, shall invest the amounts designated by the Commission
for the period of time specified by the Commission; provided that
all such investments of said monies must be made so that the same
shall mature in time to enable the State of Oklahoma to issue
warrants for payment of the valid obligations incurred for the
purpose for which the bonds were issued.
B. It shall be the duty of the Director Chief Operating Officer
of the Office of Management and Enterprise Services to promptly
certify to the State Treasurer the amount of all sums not needed for
payment of construction and other legal expenditures payable from
the fund to meet the payment schedule, and upon receipt of such
certification the State Treasurer shall forthwith invest such funds.
C. All interest received by the State Treasurer for such
investments shall be utilized pursuant to appropriations by the
Legislature.
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SECTION 386. AMENDATORY 62 O.S. 2021, Section 71.1, as
amended by Section 4, Chapter 308, O.S.L. 2025 (62 O.S. Supp. 2025,
Section 71.1), is amended to read as follows:
Section 71.1. A. There is hereby created the Invest in
Oklahoma Board. The Board shall consist of five (5) members as
follows:
1. The Governor, or designee;
2. The Lieutenant Governor, or designee;
3. The State Treasurer, or designee;
4. An appointee of the Speaker of the House of Representatives
who shall serve at the Speaker's pleasure; and
5. An appointee of the President Pro Tempore of the Oklahoma
State Senate who shall serve at the President Pro Tempore's
pleasure.
B. The appointed and designated members shall have no direct or
indirect business relationship with the State Treasurer or the State
Treasurer's Office.
C. The Governor or Governor's designee shall serve as
chairperson.
D. The Board shall hold regular meetings not less than one per
quarter, and at such other times as it deems necessary for the
performance of its duties. The date, time and place of the meetings
shall be set by the chairperson. The State Treasurer shall provide
the administrative support required by the Board. The Board shall
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be staffed by efforts under the control of the State Treasurer who
shall prepare all materials and information needed by the Board to
perform its duties and responsibilities. Meetings of the Board
shall be subject to the Oklahoma Open Meeting Act, and their records
shall be public records pursuant to the Oklahoma Open Records Act.
E. The Board shall develop a standardized and uniform reporting
system which the State Treasurer shall use to make the reports
required by Section 89.7 of this title. The Board shall prescribe
such forms in order to obtain an objective and accurate analysis of
the investment of state funds by the State Treasurer and to obtain
an accurate analysis of investment performance according to an
objective standard established by the Board. The Board shall not be
subject to the provisions of the Administrative Procedures Act for
purposes of developing the reporting system required by this
subsection. The Board shall review the reports prepared by the
State Treasurer pursuant to Section 89.7 of this title. The Board
shall review with the State Treasurer investment strategies and
practices and the development of internal auditing procedures and
practices. The Board shall review the reports submitted by the
State Treasurer and shall identify any event, transaction or trend
which the Board determines to represent a violation or potential
violation of law or public policy regarding the investment of state
funds. The Board shall specifically identify its concerns or
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objections and shall communicate such concerns or objections in
writing to the State Treasurer.
F. The State Treasurer shall maintain a report available to
each member of the Board which specifically identifies entities with
whom or with which the State Treasurer has transacted business
related to investment of any state funds. Any person or entity to
whom or to which any form of compensation has been or will be paid
for services rendered to the State Treasurer's Office related to the
investment of state funds shall be identified in such report. Such
report shall also be available to the Director Chief Operating
Officer of the Office of Management and Enterprise Services, the
State Auditor and Inspector, the Speaker of the House of
Representatives, the President Pro Tempore of the Senate and the
Governor.
G. Members of the Board shall serve without compensation,
except for travel, pursuant to the State Travel Reimbursement Act,
to be paid by the appointing authority.
H. The Board shall establish and adopt investment parameters
related to investments in Oklahoma-based private equity funds,
venture capital funds, growth funds, and direct investments in
Oklahoma companies authorized under the Invest in Oklahoma program;
provided that by a unanimous vote of the Board such parameters may
be exceeded with regard to investments to the extent allowable under
the Oklahoma Constitution.
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I. The Board shall exercise confirmation and approval authority
over the appointment and contractual relationships of qualified
investment advisors and fiduciary managers engaged by the State
Treasurer to assist in the selection of the investments authorized
under the Invest in Oklahoma program.
SECTION 387. AMENDATORY 62 O.S. 2021, Section 71.2, is
amended to read as follows:
Section 71.2. The State Treasurer is authorized to purchase
software, hardware, and associated services to assist the State
Treasurer in the Treasurer's duties related to the control, custody,
deposit, transfer disbursement, management and investment of funds
and securities held by the state. Software, hardware, and
associated services shall be chosen by a solicitation of proposals
on a competitive basis, but shall be exempt from the provisions of
The Oklahoma Central Purchasing Act. Software, hardware and
associated services purchases by the State Treasurer for these
purposes shall not require the authorization of the Director Chief
Operating Officer of the Office of Management and Enterprise
Services.
SECTION 388. AMENDATORY 62 O.S. 2021, Section 89.2, as
amended by Section 5, Chapter 308, O.S.L. 2025 (62 O.S. Supp. 2025,
Section 89.2), is amended to read as follows:
Section 89.2. A. The State Treasurer is directed to invest the
maximum amount of funds under control of the State Treasurer
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consistent with good business practices. Except as otherwise
provided for by law, the investments shall earn not less than the
rate for comparable maturities on United States Treasury
obligations. Except as otherwise provided for by law, the State
Treasurer may purchase and invest only in:
1. Obligations of the United States Government, its agencies
and instrumentalities, or other obligations fully insured or
unconditionally guaranteed as to the payment of principal and
interest by the United States government or any of its agencies and
instrumentalities;
2. Collateralized or insured certificates of deposit and other
evidences of deposit at banks, savings banks, savings and loan
associations and credit unions located in this state;
3. Negotiable certificates of deposit issued by a nationally or
state-chartered bank, a savings bank, a savings and loan association
or a state-licensed branch of a foreign bank. Purchases of
negotiable certificates of deposit shall not exceed ten percent
(10%) of the cash available for investment which may be invested
pursuant to this section. Not more than one-half (1/2) of the ten
percent (10%) limit shall be invested in any one financial
institution specified in this paragraph;
4. Prime banker's acceptances which are eligible for purchase
by the Federal Reserve System and which do not exceed two hundred
seventy (270) days' maturity. Purchases of prime banker's
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acceptances shall not exceed ten percent (10%) of the cash available
for investment which may be invested pursuant to this section. Not
more than three-fourths (3/4) of the ten percent (10%) limit shall
be invested in any one commercial bank pursuant to this paragraph;
5. Prime commercial paper which shall not have a maturity that
exceeds one hundred eighty (180) days nor represent more than ten
percent (10%) of the outstanding paper of an issuing corporation.
Purchases of prime commercial paper shall not exceed seven and one-
half percent (7 1/2%) of the cash available for investment which may
be invested pursuant to this section;
6. Investment grade obligations of state and local governments,
including obligations of Oklahoma state public trusts which possess
the highest rating from at least one nationally recognized rating
agency acceptable to the State Treasurer. Purchases of investment
grade obligations of state and local governments shall not exceed
ten percent (10%) of the cash available for investment which may be
invested pursuant to this section;
7. Repurchase agreements, provided that such agreements are
included within the written investment policy required by subsection
D of this section that have underlying collateral consisting of
those items and those restrictions specified in paragraphs 1 through
6 of this subsection;
8. Money market funds and short term bond funds regulated by
the Securities and Exchange Commission and which investments consist
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of those items and those restrictions specified in paragraphs 1
through 7 of this subsection; and
9. Bonds, notes, debentures or other similar obligations of a
foreign government which the International Monetary Fund lists as an
industrialized country and for which the full faith and credit of
such nation has been pledged for the payment of principal and
interest; provided, that any such security shall be rated at least
A- or better by Standard & Poor's Corporation or A3 or better by
Moody's Investors Service, or an equivalent investment grade by a
securities ratings organization accepted by the National Association
of Insurance Commissioners; and provided further, that the total
investment in such foreign securities at any one time shall not
exceed five percent (5%) of the cash available for investment which
may be invested pursuant to this section. In no circumstance shall
investments be made in bonds, notes, debentures or any similar
obligations of a foreign government that:
a. is identified as a state sponsor of terrorism by the
United States Department of State, or
b. any authoritarian or totalitarian government the
sovereign powers of which are exercised through a
single person or group of persons who are not elected
by any form of legitimate popular voting.
B. Investments shall be made with judgment and care, under
circumstances then prevailing, which persons of prudence, discretion
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and intelligence exercise in the management of their own affairs,
not for speculation, but for investment, considering the probable
safety of their capital as well as the probable income to be
derived.
C. The State Treasurer shall appoint an investment officer who
shall perform duties related to the investment of state funds in the
Office of the State Treasurer. The investment officer shall not
perform or supervise any accounting functions, data processing
functions or duties related to the documentation or settlement of
investment transactions.
D. Investments of public funds by the State Treasurer shall be
made in accordance with written policies developed by the State
Treasurer. The written investment policies shall address:
1. Liquidity;
2. Diversification;
3. Safety of principal;
4. Yield;
5. Maturity and quality; and
6. Capability of investment management.
The State Treasurer shall place primary emphasis on safety and
liquidity in the investment of public funds. To the extent
practicable taking into account the need to use sound investment
judgment, the written investment policies shall include provision
for utilization of a system of competitive bidding in the investment
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of state funds. The written investment policies shall be designed
to maximize yield within each class of investment instrument,
consistent with the safety of the funds invested.
E. Except as provided in subsection H of this section, the
State Treasurer shall select one custodial bank to settle
transactions involving the investment of state funds under the
control of the State Treasurer. The State Treasurer shall review
the performance of the custodial bank at least once every year. The
State Treasurer shall require a written competitive bid every five
(5) years. The custodial bank shall have a minimum of Five Hundred
Million Dollars ($500,000,000.00) in assets to be eligible for
selection. Any out-of-state custodial bank shall have a service
agent in the State of Oklahoma so that service of summons or legal
notice may be had on such designated agent as is now or may
hereafter be provided by law. In order to be eligible for
selection, the custodial bank shall allow electronic access to all
transaction and portfolio reports maintained by the custodial bank
involving the investment of state funds under control of the State
Treasurer. The access shall be given to the State Treasurer. The
requirement for electronic access shall be incorporated into any
contract between the State Treasurer and the custodial bank.
Neither the State Treasurer nor the custodial bank shall permit any
of the funds under the control of the State Treasurer or any of the
documents, instruments, securities or other evidence of a right to
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be paid money to be located in any place other than within a
jurisdiction or territory under the control or regulatory power of
the United States Government.
F. The investment policy shall specify the general philosophy,
policies and procedures to be followed in the investment of state
monies by the State Treasurer. The investment policy shall include,
but not be limited to, the following:
1. Policy objectives;
2. Performance measure objectives;
3. Authority for investment program;
4. Possible use of an investment advisory committee;
5. Reporting and documentation of investments;
6. Authorized investment instruments;
7. Diversification of investment risk;
8. Maturity limitations;
9. Selections of financial institutions;
10. Interest controls;
11. Safekeeping of investments;
12. Investment ethics; and
13. Formal adoption of policy.
G. The State Treasurer may invest cash balance amounts as
defined and limited by Section 2402 of this title in the Invest in
Oklahoma program.
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H. The State Treasurer is hereby authorized to establish
internal custodial accounts within the State Treasury, and enter
contractual relationships for custodial account services with
private institutions as needed, for the implementation and
administration of the Invest in Oklahoma program.
I. Not later than July 1 of each year, the State Treasurer
shall forward a copy of the written investment policy to the
Governor, the Speaker of the House of Representatives, the President
Pro Tempore of the Senate, the Attorney General, the Bank
Commissioner, and the Director Chief Operating Officer of the Office
of Management and Enterprise Services. In addition, the State
Treasurer shall maintain one copy of the investment policy in the
office of the State Treasurer for public inspection during regular
business hours. Copies of any modifications to the investment
policy shall be forwarded to the Governor, Speaker of the House of
Representatives, President Pro Tempore of the Senate, and each
member of the Cash Management and Investment Oversight Commission.
SECTION 389. AMENDATORY 62 O.S. 2021, Section 89.5, as
amended by Section 1, Chapter 140, O.S.L. 2024 (62 O.S. Supp. 2025,
Section 89.5), is amended to read as follows:
Section 89.5. A. There is hereby created in the State Treasury
a revolving fund for the Office of the State Treasurer to be
designated the "State Treasurer's Revolving Fund". The fund shall
be a continuing fund not subject to fiscal year limitations, and
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shall consist of all monies received by the Office of the State
Treasurer from fees and receipts collected pursuant to the Oklahoma
Open Records Act, Section 24A.1 et seq. of Title 51 of the Oklahoma
Statutes; monies received, including, but not limited to, reasonable
and customary service-related charges, any monies received from the
sale of surplus property, and any grants-in-aid received from the
federal government for the operations of the Office of the State
Treasurer unless otherwise provided by federal law or regulation.
All monies accruing to the credit of said fund are hereby
appropriated and may be budgeted and expended by the Office of the
State Treasurer for the operating expenses of the said office.
Expenditures from said fund shall be made upon warrants issued by
the State Treasurer against claims filed as prescribed by law with
the Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment. Monies in the fund
may be invested by the State Treasurer in the manner prescribed in
Section 89.1a et seq. of this title. Interest income derived from
the investment of monies in the fund shall be credited to and placed
in the fund.
B. The State Treasurer shall appoint and fix the duties and
compensation of employees, not otherwise prescribed by law,
necessary to perform the duties imposed upon the Office of the State
Treasurer by law.
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SECTION 390. AMENDATORY 62 O.S. 2021, Section 90, is
amended to read as follows:
Section 90. A. The State Treasurer may implement and engage in
a securities lending program. As used in this section, "securities
lending program" means any program, arrangement or agreement whereby
the state deposits securities with a federally or state-chartered
savings and loan association, a trust company, a state or national
bank, or a broker-dealer registered with the National Association of
Securities Dealers, Inc. and insured by the Securities Investors
Protection Corporation, for the purpose of permitting the financial
institution or broker-dealer to lend securities to a borrower
approved by the State Treasurer in return for a fee or charge paid
by the borrower for the use of such securities. All income from
securities lending, less fees, shall be deposited into the
Securities Lending and Custodial Fee Revolving Fund created in this
section; provided, securities lending income in excess of amounts
necessary to pay custodial or other banking fees, shall be deposited
into the General Revenue Fund. Securities loaned under this program
shall be subject to the collateral requirements specified by the
State Treasurer. The State Treasurer must receive collateral equal
to at least one hundred percent (100%) of the market value of the
securities loaned, consisting of securities or instruments which the
State Treasurer can purchase pursuant to Section 89.2 of this title.
Nothing herein shall be deemed to prohibit the implementation of
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securities lending programs by the state retirement systems which
are designed and managed by the boards of trustees of such systems.
B. There is hereby created in the State Treasury a revolving
fund for the Office of the State Treasurer, to be designated the
"Securities Lending and Custodial Fee Revolving Fund". The fund
shall be a continuing fund, not subject to fiscal year limitations,
and shall consist of any monies transferred thereto by act of the
Legislature and any monies which may be deposited thereto by the
State Treasurer's Office as provided by this section. All monies
accruing to the credit of the fund are hereby appropriated and may
be budgeted and expended by the Office of the State Treasurer for
the purposes of paying custodial or other banking fees.
Expenditures from the fund shall be made upon warrants issued by the
State Treasurer against claims filed as prescribed by law with the
Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment.
SECTION 391. AMENDATORY 62 O.S. 2021, Section 90.8, is
amended to read as follows:
Section 90.8. There is hereby created in the State Treasury a
revolving fund for the Oklahoma Department of Agriculture, Food, and
Forestry to be designated the "Rural Economic Development Loan
Revolving Fund". The fund shall be a continuing fund, not subject
to fiscal year limitations, and shall consist of all monies received
by the Department as provided in the Rural Economic Development Loan
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Act. All monies accruing to the credit of the fund are hereby
appropriated and may be budgeted and expended by the Department for
the purpose of implementing the Rural Economic Development Loan Act.
Expenditures from the fund shall be made upon warrants issued by the
State Treasurer against claims filed as prescribed by law with the
Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment.
SECTION 392. AMENDATORY 62 O.S. 2021, Section 139.45, is
amended to read as follows:
Section 139.45. The Governor may, subject to the provisions of
this act, allocate and authorize the expenditure of any or all of
the money accruing to the State Emergency Fund only for the purpose
of defraying expenses arising by reason of emergencies as
hereinafter defined, and which were not foreseen or reasonably
foreseeable by the legislature or either house thereof, but for
which the legislature could have lawfully made appropriations. In
no event may any monies in said fund be allocated or expended for
any purpose, use, or object considered or acted upon adversely by
the legislature or either house thereof. The Director Chief
Operating Officer of the Office of Management and Enterprise
Services is hereby authorized and directed to disallow and reject
any claim against an allocation made from the State Emergency Fund
contrary to the provisions of this act.
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SECTION 393. AMENDATORY 62 O.S. 2021, Section 139.48, is
amended to read as follows:
Section 139.48. Where the written findings of fact required by
Section 139.46 of this title do not include one of the specific
emergencies listed in Section 139.47 of this title but do show the
existence of some other emergency not foreseen or reasonably
foreseeable by the Legislature, the Governor may allocate and
authorize the expenditure of monies from the State Emergency Fund to
provide for such emergency if, and only if:
(1) the Contingency Review Board, by a majority vote thereof,
has first found that such emergency exists, and was not foreseen or
reasonably foreseeable by the Legislature, and has certified such
findings in writing to the Governor and the Director Chief Operating
Officer of the Office of Management and Enterprise Services. A copy
of such findings shall be filed in the office of each of the members
of said Board.
(2) the Governor, after having received the findings of the
Contingency Review Board, has also found that such emergency exists,
and was not foreseen or reasonably foreseeable by the Legislature.
(3) the funds so allocated and authorized are expended solely
for direct assistance or relief to qualified individuals or
entities, pursuant to eligibility guidelines developed by the
Contingency Review Board for each emergency, or for costs associated
with providing direct assistance.
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SECTION 394. AMENDATORY 62 O.S. 2021, Section 139.49, is
amended to read as follows:
Section 139.49. No allocation shall be made from the State
Emergency Fund except upon approval of the Governor in writing, and
under such limitations as may be specified by the Governor, and
subject to the conditions provided for by this act. The Governor's
findings and certificate of approval shall be certified to the
Director Chief Operating Officer of the Office of Management and
Enterprise Services, the Secretary of State, the State Treasurer,
and the State Auditor and Inspector.
SECTION 395. AMENDATORY 62 O.S. 2021, Section 155, as
amended by Section 34, Chapter 29, O.S.L. 2023 (62 O.S. Supp. 2025,
Section 155), is amended to read as follows:
Section 155. A. There is hereby created in the State Treasury
a revolving fund for each of the following state boards,
commissions, and departments:
1. The Board of Governors of the Licensed Architects, Landscape
Architects and Registered Commercial Interior Designers of Oklahoma;
2. Oklahoma Funeral Board;
3. Board of Podiatric Medical Examiners;
4. Board of Chiropractic Examiners;
5. State Board of Medical Licensure and Supervision;
6. Oklahoma Board of Nursing;
7. State Board of Osteopathic Examiners;
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8. State Board of Pharmacy;
9. State Board of Licensed Social Workers;
10. Oklahoma New Motor Vehicle Commission;
11. Oklahoma Real Estate Commission; and
12. Santa Claus Commission.
B. Each revolving fund shall consist of all monies received by
the boards, commissions, and departments, pursuant to statutory
authority, but not including appropriated funds. These revolving
funds shall be continuing funds, not subject to fiscal year
limitations and shall be under the control and management of the
administrative authorities of the respective boards, commissions, or
departments.
C. Expenditures from the revolving funds shall be made pursuant
to the laws of the state and the statutes relating to the boards,
commissions, and departments, and without legislative appropriation.
Warrants for expenditures from the revolving funds shall be drawn by
the State Treasurer, based on claims signed by an authorized
employee or employees of the respective boards, commissions, or
departments and approved for payment by the Director Chief Operating
Officer of the Office of Management and Enterprise Services.
SECTION 396. AMENDATORY 62 O.S. 2021, Section 156, is
amended to read as follows:
Section 156. There is hereby created in the State Treasury a
revolving fund for the Oklahoma Educational Television Authority to
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be designated "The Educational Television Authority Revolving Fund".
The fund shall consist of monies received by the Oklahoma
Educational Television Authority pursuant to statutory provisions,
but not including appropriated funds. The revolving fund shall be a
continuing fund not subject to fiscal year limitations and shall be
under the administrative direction of the Oklahoma Educational
Television Authority. Expenditures from said fund shall be made
pursuant to the laws of this state and the statutes relating to the
said Authority, and without legislative appropriation. Warrants for
expenditures from said fund shall be drawn by the State Treasurer,
based on claims signed by an authorized employee or employees of the
said Authority and approved for payment by the Director Chief
Operating Officer of the Office of Management and Enterprise
Services.
SECTION 397. AMENDATORY 62 O.S. 2021, Section 157, is
amended to read as follows:
Section 157. There is hereby created in the State Treasury a
revolving fund for the Oklahoma Historical Society, on behalf of the
Will Rogers Memorial, to be designated "The Will Rogers Memorial
Revolving Fund". The fund shall consist of monies received by the
Oklahoma Historical Society pursuant to statutory provisions, but
not including appropriated funds. The revolving fund shall be a
continuing fund not subject to fiscal year limitations and shall be
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under the administrative direction of the Oklahoma Historical
Society, on behalf of the Will Rogers Memorial. Expenditures from
the fund shall be made pursuant to the laws of this state and the
statutes relating to the Memorial, and without legislative
appropriation. Warrants for expenditures shall be drawn by the
State Treasurer, based on claims signed by an authorized employee or
employees of the Oklahoma Historical Society and approved for
payment by the Director Chief Operating Officer of the Office of
Management and Enterprise Services.
SECTION 398. AMENDATORY 62 O.S. 2021, Section 158, is
amended to read as follows:
Section 158. There is hereby created in the State Treasury a
revolving fund for the Teachers' Retirement System of Oklahoma, to
be designated "The Teachers' Retirement System Revolving Fund". The
fund shall consist of monies deposited to said fund by the Board of
Trustees of the Teachers' Retirement System of Oklahoma, or pursuant
to said Board's authorization. The revolving fund shall be a
continuing fund not subject to fiscal year limitations and shall be
under the administrative direction of the Board of Trustees of the
Teachers' Retirement System of Oklahoma. Expenditures from said
fund shall be made pursuant to general laws for expenses of
administration of the Teachers' Retirement System. Warrants for
expenditures shall be drawn by the State Treasurer based on claims
signed by an authorized employee or employees of the Teachers'
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Retirement System and approved for payment by the Director Chief
Operating Officer of the Office of Management and Enterprise
Services.
SECTION 399. AMENDATORY 62 O.S. 2021, Section 159, is
amended to read as follows:
Section 159. There is hereby created in the State Treasury a
revolving fund for the Secretary of the State Election Board. Said
revolving fund shall consist of all monies received by the Secretary
of the State Election Board under 26 O.S. 1971, Sections 161, 165a,
391 and 392. The revolving fund shall be a continuing fund, not
subject to fiscal year limitations. Expenditures from said fund
shall be made pursuant to the laws of this state and the statutes
relating to the Secretary of the State Election Board, and without
legislative appropriation. Warrants for expenditures from said fund
shall be drawn by the State Treasurer, based on claims signed by an
authorized employee or employees of the State Election Board and
approved for payment by the Director Chief Operating Officer of the
Office of Management and Enterprise Services.
SECTION 400. AMENDATORY 62 O.S. 2021, Section 159.1, is
amended to read as follows:
Section 159.1. There is hereby created in the State Treasury a
revolving fund for the Oklahoma State Senate to be designated the
"State Senate Revolving Fund". The fund shall be a continuing fund,
not subject to fiscal year limitations, and shall consist of all
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monies received by the Oklahoma State Senate from fees, payment of
services, refunds, appropriations and other receipts as authorized
by law. All monies accruing to the credit of said fund are hereby
appropriated and may be budgeted and expended by the Oklahoma State
Senate for the duties and operations of the Senate. Expenditures
from said fund shall be made upon warrants issued by the State
Treasurer against claims filed as prescribed by law with the
Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment.
SECTION 401. AMENDATORY 62 O.S. 2021, Section 159.2, is
amended to read as follows:
Section 159.2. There is hereby created in the State Treasury a
revolving fund for the Oklahoma House of Representatives to be
designated the "House of Representatives Revolving Fund". The fund
shall be a continuing fund, not subject to fiscal year limitations,
and shall consist of all monies received by the Oklahoma House of
Representatives from fees, payment of services, refunds,
appropriations and other receipts as authorized by law. All monies
accruing to the credit of said fund are hereby appropriated and may
be budgeted and expended by the Oklahoma House of Representatives
for the duties and operations of the House of Representatives.
Expenditures from said fund shall be made upon warrants issued by
the State Treasurer against claims filed as prescribed by law with
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the Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment.
SECTION 402. AMENDATORY 62 O.S. 2021, Section 160.1, is
amended to read as follows:
Section 160.1. There is hereby created in the State Treasury a
revolving fund for the University of Oklahoma Health Sciences Center
to be designated the "Comprehensive Cancer Center Debt Service
Revolving Fund". The fund shall be a continuing fund, not subject
to fiscal year limitations, and shall consist of all monies
apportioned to the fund pursuant to Sections 302-5 and 402-3 of
Title 68 of the Oklahoma Statutes. All monies accruing to the
credit of the fund are hereby appropriated and may be budgeted and
expended by the University for the purpose of construction,
operations and servicing debt obligations incurred by the University
to construct a nationally designated comprehensive cancer center.
The cancer center constructed shall include a department known as
the Janna L. Robbins Memorial Colorectal Screening and Research
Department that has a primary function of conducting research and
screening procedures for the treatment and detection of colorectal
cancer. Expenditures from the fund shall be made upon warrants
issued by the State Treasurer against claims filed as prescribed by
law with the Director Chief Operating Officer of the Office of
Management and Enterprise Services for approval and payment.
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SECTION 403. AMENDATORY 62 O.S. 2021, Section 160.2, is
amended to read as follows:
Section 160.2. There is hereby created in the State Treasury a
revolving fund for the Oklahoma State University College of
Osteopathic Medicine to be designated the "Oklahoma State University
College of Osteopathic Medicine Revolving Fund". The fund shall be
a continuing fund, not subject to fiscal year limitations, and shall
consist of all monies apportioned to the fund pursuant to Sections
302-5 and 402-3 of Title 68 of the Oklahoma Statutes. All monies
accruing to the credit of the fund are hereby appropriated and may
be budgeted and expended by the Oklahoma State University College of
Osteopathic Medicine for the purpose of servicing debt obligations
for construction of a building dedicated to telemedicine to expand
telemedicine to rural areas, for the purchase of telemedicine
equipment and to provide uninsured/indigent care in Tulsa County.
Expenditures from the fund shall be made upon warrants issued by the
State Treasurer against claims filed as prescribed by law with the
Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment.
SECTION 404. AMENDATORY 62 O.S. 2021, Section 195, is
amended to read as follows:
Section 195. A. 1. There is hereby created a petty cash fund
at each of the following institutions: Oklahoma School for the
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Blind, Muskogee, Oklahoma; Oklahoma School for the Deaf, Sulphur,
Oklahoma; Griffin Memorial Hospital, Norman, Oklahoma; Eastern State
Hospital, Vinita, Oklahoma; Northern Oklahoma Resource Center of
Enid, Enid, Oklahoma; Southern Oklahoma Resource Center of Pauls
Valley, Pauls Valley, Oklahoma; Western State Psychiatric Center,
Fort Supply, Oklahoma; Central Oklahoma Juvenile Treatment Center,
Tecumseh, Oklahoma; L.E. Rader Children's Diagnostic and Evaluation
Center, Sand Springs, Oklahoma; L.E. Rader Intensive Treatment
Center, Sand Springs, Oklahoma; the Southwest Oklahoma Juvenile
Center, Manitou, Oklahoma; the Office of Juvenile Affairs' Boys'
Group Home, Enid, Oklahoma; the Office of Juvenile Affairs' Boys'
Group Home, Lawton, Oklahoma; the Office of Juvenile Affairs' Girls'
Group Home, Tulsa, Oklahoma; the Oklahoma Medical Center; and the
J.D. McCarty Center for Children with Developmental Disabilities.
2. The Director Chief Operating Officer of the Office of
Management and Enterprise Services and the head of the institution
involved are hereby authorized and it shall be their duty to fix the
maximum amount of the petty cash funds. The Director Chief
Operating Officer of the Office of Management and Enterprise
Services shall prescribe all forms, systems, and procedures for
administering the petty cash funds of the institution.
B. 1. There is hereby created a petty cash fund in the legal
division of the Department of Human Services which fund shall be
used solely to pay court costs, filing fees, witness fees, and
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expenses related to any case or proceeding within the responsibility
of the legal division.
2. There is hereby created a petty cash fund in the Child
Support Enforcement Division of the Department of Human Services.
The fund shall be used solely to pay litigation expenses, including
court costs, filing fees, witness fees, and expenses related to any
case or proceeding within the responsibility of the Child Support
Enforcement Division.
3. The Director Chief Operating Officer of the Office of
Management and Enterprise Services and the Director of the
Department of Human Services are hereby authorized and it shall be
their duty to fix the maximum amount of the petty cash funds. The
Director Chief Operating Officer of the Office of Management and
Enterprise Services shall prescribe all forms, systems, and
procedures for administering the petty cash funds.
C. 1. There is hereby created a petty cash fund in the finance
department of the Corporation Commission which shall be used solely
to pay litigation expenses of the legal division, including court
costs, filing fees, witness fees, and other expenses related to any
case, proceeding, or matter within the responsibility of the legal
division.
2. The Director Chief Operating Officer of the Office of
Management and Enterprise Services and the Corporation Commission
are hereby authorized and it shall be their duty to fix the maximum
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amount of the petty cash fund, not to exceed Five Hundred Dollars
($500.00). The Director Chief Operating Officer of the Office of
Management and Enterprise Services shall prescribe all forms,
systems, and procedures for administering the petty cash fund.
D. 1. There is hereby created a petty cash fund for the
Property Distribution Division of the Office of Management and
Enterprise Services.
2. The amount of the Property Distribution petty cash fund
shall not exceed Five Hundred Dollars ($500.00). The initial amount
shall be drawn by warrant from the State Surplus Property Revolving
Fund. The Director Chief Operating Officer of the Office of
Management and Enterprise Services is authorized to prescribe forms,
systems and procedures for the administration of the Property
Distribution petty cash fund.
E. 1. There is hereby created a petty cash fund in the legal
division of the Oklahoma Health Care Authority which fund shall be
used solely to pay for court costs, filing fees, witness fees, and
expenses related to any case or proceeding within the responsibility
of the legal division.
2. The Director Chief Operating Officer of the Office of
Management and Enterprise Services and the Chief Executive Officer
of the Oklahoma Health Care Authority are hereby authorized and it
shall be their duty to fix the maximum amount of the petty cash
fund, not to exceed Five Hundred Dollars ($500.00). The Director
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Chief Operating Officer of the Office of Management and Enterprise
Services shall prescribe all forms, systems, and procedures for
administering the petty cash fund.
F. 1. The Director Chief Operating Officer of the Office of
Management and Enterprise Services is hereby authorized, upon
request by the State Commissioner of Health, to establish a petty
cash fund for the State Department of Health in an amount not to
exceed One Thousand Dollars ($1,000.00), to be used for the purpose
of making change for persons obtaining licenses, paying fees and
fines, and transacting other such business with the Department.
2. The fund shall be established and replenished from any
monies available to the Department for operating expenses.
3. The Director Chief Operating Officer of the Office of
Management and Enterprise Services shall prescribe all forms,
systems, and procedures for administering the fund.
G. 1. There is hereby created a petty cash fund for the
Financial Management section of the Department of Environmental
Quality in an amount not to exceed Two Hundred Dollars ($200.00) to
be used for the purpose of making change for persons obtaining
licenses, paying fees and fines and transacting other such business
with the Department.
2. The fund shall be established and replenished from any
monies available to the Department for operating expenses.
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3. The Director Chief Operating Officer of the Office of
Management and Enterprise Services shall prescribe all forms,
systems and procedures for administering the fund.
SECTION 405. AMENDATORY 62 O.S. 2021, Section 221, is
amended to read as follows:
Section 221. A. There is hereby created a fund to be known as
the "Oklahoma Tax Commission Fund". There shall be paid to the
State Treasurer and placed to the credit of said "Oklahoma Tax
Commission Fund", out of collections made by said Commission, the
sums of money required to be apportioned thereto by law.
B. From and after July 1, 1986, the Oklahoma Tax Commission
Fund shall be a revolving fund. Such fund shall be a continuing
fund not subject to fiscal year limitations and shall consist of any
revenues required to be deposited in the Oklahoma Tax Commission
Fund by Article XXVIII, Section 7 of the Oklahoma Constitution, any
other revenues apportioned to such fund by law, and any other
miscellaneous fees and monies received by the Oklahoma Tax
Commission. All monies accruing to the credit of said fund are
hereby appropriated and may be budgeted and expended by the Oklahoma
Tax Commission to carry out the duties of the Commission according
to law. Expenditures from said fund shall be made upon warrants
issued by the State Treasurer against claims filed as prescribed by
law with the Director Chief Operating Officer of the Office of
Management and Enterprise Services for approval and payment.
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SECTION 406. AMENDATORY Section 1, Chapter 22, 2nd
Extraordinary Session, O.S.L. 2022 (62 O.S. Supp. 2025, Section
255.2), is amended to read as follows:
Section 255.2. There is hereby created in the State Treasury
until July 1, 2028, a revolving fund for the Oklahoma Department of
Commerce to be designated the "Pandemic Relief Primary Source
Revolving Fund". Except as otherwise provided in this section, the
fund shall be a continuing fund, not subject to fiscal year
limitations, and shall consist of all monies directed for deposit to
the fund by law. All monies accruing to the credit of said fund are
hereby appropriated and shall be awarded by the Oklahoma Department
of Commerce through grants to enhance industrial parks, airparks,
and ports to cover costs related to water, wastewater, sewer, and
broadband projects eligible under the provisions of the American
Rescue Plan Act of 2021 that support sites or surrounding
communities identified by the Department as having such needs prior
to the passage of this act and as discussed in the Transportation,
Infrastructure, and Rural Development Working Group public meeting
on September 15, 2022. Such funds shall be utilized in a manner
consistent with the recommendations adopted by the Joint Committee
on Pandemic Relief Funding on September 20, 2022.
Expenditures from said fund shall be made upon warrants issued
by the State Treasurer against claims filed as prescribed by law
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with the Director Chief Operating Officer of the Office of
Management and Enterprise Services for approval and payment.
SECTION 407. AMENDATORY Section 2, Chapter 22, 2nd
Extraordinary Session, O.S.L. 2022 (62 O.S. Supp. 2025, Section
255.3), is amended to read as follows:
Section 255.3. There is hereby created in the State Treasury
until July 1, 2028, a revolving fund for the Oklahoma Department of
Commerce to be designated the "Pandemic Relief Secondary Source
Revolving Fund". Except as otherwise provided in this section, the
fund shall be a continuing fund, not subject to fiscal year
limitations, and shall consist of all monies directed for deposit to
the fund by law. All monies accruing to the credit of said fund are
hereby appropriated and shall be awarded by the Oklahoma Department
of Commerce through grants to cover costs that are:
1. Directly associated with industrial parks, airparks, and
ports at least partially funded by an appropriation from the
Statewide Recovery Fund of the State Treasury created in Enrolled
House Bill No. 3349 of the 2nd Session of the 58th Oklahoma
Legislature, with priority given to projects partially funded by the
Pandemic Relief Primary Source Revolving Fund; and
2. Anticipated by the Department to be ineligible expenditures
for reimbursement under the provisions of the American Rescue Plan
Act of 2021.
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Expenditures from said fund shall be made upon warrants issued
by the State Treasurer against claims filed as prescribed by law
with the Director Chief Operating Officer of the Office of
Management and Enterprise Services for approval and payment.
SECTION 408. AMENDATORY Section 3, Chapter 22, 2nd
Extraordinary Session, O.S.L. 2022, as last amended by Section 1,
Chapter 409, O.S.L. 2025 (62 O.S. Supp. 2025, Section 255.4), is
amended to read as follows:
Section 255.4. A. There is hereby created in the State
Treasury a revolving fund for the Oklahoma Workforce Commission to
be designated the "Workforce Coordination Revolving Fund". The fund
shall be a continuing fund, not subject to fiscal year limitations,
and shall consist of all monies directed for deposit by law from the
Statewide Recovery Fund in Section 255 of Title 62 of the Oklahoma
Statutes. All monies accruing to the credit of said fund are hereby
appropriated and may be budgeted and expended by the Commission for
the purpose of creating a workforce data integration system,
providing grants for critical workforce needs, and administering
these projects. No funds shall be used for expenses that violate
the federal guidelines for the American Rescue Plan Act of 2021,
Public Law No. 117-2, or be used for projects not in accordance with
policy enacted under the efforts of the Education and Economic
Development Working Group within the Joint Committee on Pandemic
Relief Funding. Expenditures from said fund shall be made upon
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warrants issued by the State Treasurer against claims filed as
prescribed by law with the Director Chief Operating Officer of the
Office of Management and Enterprise Services for approval and
payment.
B. Any funds remaining in the Workforce Coordination Revolving
Fund as of July 1, 2024, are hereby considered obligated by the
Oklahoma Legislature for the purpose of workforce development
initiatives.
SECTION 409. AMENDATORY Section 1, Chapter 411, O.S.L.
2022, as amended by Section 1, Chapter 474, O.S.L. 2025 (62 O.S.
Supp. 2025, Section 256), is amended to read as follows:
Section 256. A. There is hereby created in the State Treasury
a special fund to be designated the "Progressing Rural Economic
Prosperity Fund", also known as the "PREP Fund". The fund shall be
a continuing fund, not subject to fiscal year limitations, and shall
consist of all monies received by the Progressing Rural Economic
Prosperity Fund from appropriations. Said fund shall be subject to
legislative appropriation or transfer as provided by law and shall
consist of all such monies as the Legislature may direct to be
appropriated or transferred to said fund. Expenditures from said
fund pursuant to subsection B of this section shall be made upon
warrants issued by the State Treasurer against claims filed as
prescribed by law with the Director Chief Operating Officer of the
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Office of Management and Enterprise Services for approval and
payment.
B. The following projects shall continue to receive the benefit
of funds originally appropriated in amounts from the Progressing
Rural Economic Prosperity Fund that may have lapsed, less any amount
that has been expended upon the effective date of this act:
1. Twenty-five Million Dollars ($25,000,000.00) appropriated by
Section 1 of Enrolled House Bill No. 1019 of the 2nd Extraordinary
Session of the 58th Oklahoma Legislature;
2. One Million Dollars ($1,000,000.00) appropriated by Section
2 of Enrolled House Bill No. 1019 of the 2nd Extraordinary Session
of the 58th Oklahoma Legislature;
3. Twenty Million Dollars ($20,000,000.00) appropriated by
Section 2 of Enrolled House Bill No. 1016 of the 2nd Extraordinary
Session of the 58th Oklahoma Legislature;
4. Twenty Million Dollars ($20,000,000.00) appropriated by
Section 3 of Enrolled House Bill No. 1016 of the 2nd Extraordinary
Session of the 58th Oklahoma Legislature;
5. Twenty Million Dollars ($20,000,000.00) appropriated by
Section 4 of Enrolled House Bill No. 1016 of the 2nd Extraordinary
Session of the 58th Oklahoma Legislature;
6. Twenty-two Million Three Hundred Fifty Thousand Dollars
($22,350,000.00) appropriated by Section 5 of Enrolled House Bill
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No. 1016 of the 2nd Extraordinary Session of the 58th Oklahoma
Legislature;
7. Fourteen Million Dollars ($14,000,000.00) appropriated by
Section 6 of Enrolled House Bill No. 1016 of the 2nd Extraordinary
Session of the 58th Oklahoma Legislature;
8. Four Million Dollars ($4,000,000.00) appropriated by Section
7 of Enrolled House Bill No. 1016 of the 2nd Extraordinary Session
of the 58th Oklahoma Legislature;
9. Twenty-two Million Five Hundred Thousand Dollars
($22,500,000.00) appropriated by Section 2 of Enrolled House Bill
No. 1017 of the 2nd Extraordinary Session of the 58th Oklahoma
Legislature; and
10. Five Million Dollars ($5,000,000.00) appropriated by
Section 3 of Enrolled House Bill No. 1017 of the 2nd Extraordinary
Session of the 58th Oklahoma Legislature.
SECTION 410. AMENDATORY 62 O.S. 2021, Section 275.8, is
amended to read as follows:
Section 275.8. All state bonds, bond interest coupons and
duplicates of receipts redeemed by the State Treasurer and delivered
to the Director Chief Operating Officer of the Office of Management
and Enterprise Services as provided by Section 34.80 of this title
shall be delivered by the Director Chief Operating Officer of the
Office of Management and Enterprise Services to the Archives and
Records Commission to be retained in accordance with the provisions
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of Sections 305 through 317 of Title 67 of the Oklahoma Statutes.
All warrants or checks redeemed by the State Treasurer, shall be
microfilmed, imaged or duplicated by the State Treasurer. The
microfilm, image or other duplication shall be in accordance with
requirements established for such records by the Archives and
Records Commission. Any redeemed warrant or check that has been
microfilmed, imaged or duplicated in a manner acceptable to the
Archives and Records Commission shall be destroyed after a period of
time consistent with banking industry standards for checks. The
Archives and Records Commission, with the assistance of the State
Treasurer, shall survey financial institutions to determine the
industry standard for retention of paper checks after they have been
duplicated in a manner consistent with federal law and industry
practice. Such survey shall include the industry standard or
federal law for retention of duplicated checks.
No state agency may require the State Treasurer to furnish an
original warrant, state check, or state voucher to the state agency
if the State Treasurer makes a duplicate available. If the State
Treasurer is in possession of the original warrant, the original may
be furnished in response to the following:
1. A subpoena;
2. A proper discovery request in a legal proceeding;
3. For investigative purposes of a law enforcement agency; or
4. For other good cause as determined by the State Treasurer.
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SECTION 411. AMENDATORY 62 O.S. 2021, Section 275.9, is
amended to read as follows:
Section 275.9. Claims and/or payrolls filed with the Director
Chief Operating Officer of the Office of Management and Enterprise
Services shall be maintained by said officer in accordance with the
provisions of Sections 305 through 317 of Title 67 of the Oklahoma
Statutes.
SECTION 412. AMENDATORY 62 O.S. 2021, Section 276.1, is
amended to read as follows:
Section 276.1. There is hereby created in the State Treasury a
revolving fund for the Office of the Secretary of State to be
designated the "Revolving Fund for the Office of the Secretary of
State". The revolving fund shall be a continuing fund, not subject
to fiscal year limitations, and shall consist of fees and monies
received by the Office of the Secretary of State for reproducing
records or other papers or documents, and such other fees as are
directed by law to be deposited in this fund, and any other
miscellaneous receipts not otherwise directed by law. All monies
accruing to the credit of said fund are hereby appropriated and may
be budgeted and expended by the Office of the Secretary of State for
costs incurred in performing the duties and functions of the Office.
Expenditures from said fund shall be made on warrants issued by the
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State Treasurer against claims filed as prescribed by law with the
Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment.
SECTION 413. AMENDATORY 62 O.S. 2021, Section 276.3, is
amended to read as follows:
Section 276.3. There is hereby created in the State Treasury a
revolving fund for the Office of the Secretary of State to be
designated the "Central Filing System Revolving Fund". The fund
shall be a continuing fund, not subject to fiscal year limitations,
and shall consist of all fees generated by paragraphs 4 through 9 of
subsection A of Section 111 of Title 28 of the Oklahoma Statutes and
all penalties collected pursuant to subsection (9) of Section 1-9-
320.6 of Title 12A of the Oklahoma Statutes. All monies accruing to
the credit of this fund are hereby appropriated and may be budgeted
and expended by the Office of the Secretary of State for expenses
related to the central filing system created pursuant to Section 1-
9-320.6 of Title 12A of the Oklahoma Statutes. Expenditures from
this fund shall be made upon warrants issued by the State Treasurer
against claims filed as prescribed by law with the Director Chief
Operating Officer of the Office of Management and Enterprise
Services for approval and payment.
SECTION 414. AMENDATORY 62 O.S. 2021, Section 276.4, is
amended to read as follows:
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Section 276.4. There is hereby created a petty cash fund not to
exceed Three Hundred Dollars ($300.00) for the Office of the
Secretary of State to be used as a cash drawer change fund and for
the purchase of or reimbursement for expenditures of less than One
Hundred Dollars ($100.00) pursuant to the rules and procedures
established by the Director Chief Operating Officer of the Office of
Management and Enterprise Services.
SECTION 415. AMENDATORY 62 O.S. 2021, Section 555, as
amended by Section 1, Chapter 283, O.S.L. 2022 (62 O.S. Supp. 2025,
Section 555), is amended to read as follows:
Section 555. If a check, warrant, or voucher has been issued
and is subsequently lost or destroyed, the treasurer of any county,
city, or town shall initiate a stop-payment order or submit a
positive pay file providing the payee, amount, and serial number of
the check, warrant, or voucher to the depository prior to the clerk
of the county, city, or town issuing a second or duplicate check,
warrant, or voucher. If the treasurer of any county, city, or town
is unable to initiate a stop-payment order or submit a positive pay
file providing the payee, amount, and serial number of the check,
warrant, or voucher to the depository, clerks are authorized and
empowered to issue a second or duplicate check, warrant, or voucher
in lieu of any check, warrant, or voucher that has been issued and
subsequently lost or destroyed if the following conditions are met:
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1. An affidavit setting forth the facts as to the loss or
destruction of the original check, warrant, or voucher has been
filed with the clerk; and
2. An indemnifying bond running to the treasurer of the county,
city, or town, or to the State Treasurer, in double the amount of
such lost or destroyed check, warrant, or voucher.
The conditions of such bond shall be to indemnify and protect
the county, city, or town, or to the State Treasurer, from any loss
or harm occasioned or sustained on account of the issue of such
second or duplicate check, warrant, or voucher. The bond shall be
satisfactory to the treasurer of such county, city, or town, or to
the State Treasurer, who shall, upon being satisfied as to the
sufficiency of the bond, endorse approval thereon. The clerk and
treasurer shall make such records in their respective offices as
will, as nearly as possible, preclude any loss being sustained by
the county, city, or town, or to the State Treasurer, on account of
the issue of any second or duplicate check, warrant, or voucher.
Warrants issued by the State Treasurer against claims submitted
through the Director Chief Operating Officer of the Office of
Management and Enterprise Services in payment of obligations of the
state which may subsequently be lost or destroyed will be governed
by the provisions of Section 34.81 of this title.
SECTION 416. AMENDATORY 62 O.S. 2021, Section 695.8a, is
amended to read as follows:
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Section 695.8a. There is hereby created in the State Treasury a
revolving fund for the Office of the State Treasurer, to be
designated the "Bond Oversight Revolving Fund". The fund shall be a
continuing fund, not subject to fiscal year limitations, and shall
consist of fees collected pursuant to Section 695.8 of this title
and any other monies provided for by law. All monies accruing to
the credit of said fund are hereby appropriated and may be budgeted
and expended by the Office of the State Treasurer for expenses
related to the Oklahoma Bond Oversight and Reform Act. Expenditures
from said fund shall be made upon warrants issued by the State
Treasurer against claims filed as prescribed by law with the
Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment.
SECTION 417. AMENDATORY 62 O.S. 2021, Section 891.15, is
amended to read as follows:
Section 891.15. There is hereby created in the State Treasury a
revolving fund for the Oklahoma Development Finance Authority to be
designated the "Community Economic Development Pooled Finance
Revolving Fund". The fund shall be a continuing fund, not subject
to fiscal year limitations, and shall consist of all monies received
by the Oklahoma Development Finance Authority from revenues derived
from levies imposed by counties, cities, towns or combinations of
such local governmental entities as provided by this act in addition
to any withholding tax revenues as provided by Section 891.12 of
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this title or Section 5 of this act. All monies accruing to the
credit of said fund are hereby appropriated and may be budgeted and
expended by the Oklahoma Development Finance Authority for the
purpose of paying principal, interest and other costs of borrowing
by the Authority as authorized by this act. Expenditures from said
fund shall be made upon warrants issued by the State Treasurer
against claims filed as prescribed by law with the Director Chief
Operating Officer of the Office of Management and Enterprise
Services for approval and payment.
SECTION 418. AMENDATORY 62 O.S. 2021, Section 901.1, is
amended to read as follows:
Section 901.1. A. The Long-Range Capital Planning Commission
shall submit an itemized list of the proposed projects set forth in
its annual capital plan to the Governor, the President Pro Tempore
of the Senate and the Speaker of the House of Representatives within
the first seven (7) legislative days of a regular legislative
session. The list shall be in the order of the priority of the
projects as determined by the Commission. The submission to such
elected officials shall occur upon the same date for purposes of
computing the time within which action must be taken as further
prescribed by this subsection. The Legislature shall have a period
of forty-five (45) calendar days from the date on which the list is
submitted to pass a concurrent resolution disapproving any or all of
the proposed projects. If the Legislature does not disapprove any
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proposed project by concurrent resolution by the end of the forty-
fifth day following the date upon which the proposed issuance is
submitted, the proposed projects shall be deemed to have been
approved by the Legislature.
B. Upon approval of all or any part of the list of proposed
projects, the Office of Management and Enterprise Services may
expend funds in the Maintenance of State Buildings Revolving Fund
for approved projects in the order of priority set forth in its
annual capital plan.
C. In the event an emergency has been declared as provided for
in Section 130 of Title 61 of the Oklahoma Statutes, and as a result
thereof, repair or maintenance of a capital facility held by the
state is required, a state agency may submit a request to the
Director Chief Operating Officer of the Office of Management and
Enterprise Services to substitute the emergency project for any
other project or projects of the state agency on the approved
current fiscal year's Capital Improvement Plan list, or to add the
emergency project if the state agency does not have any projects on
the approved current fiscal year's Capital Improvement Plan list;
provided:
1. The Director Chief Operating Officer determines that there
are funds available in the Maintenance of State Buildings Revolving
Fund to cover all or part of the cost of the emergency project; and
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2. The Director Chief Operating Officer submits information on
the emergency project and the cost thereof to the President Pro
Tempore of the Senate and the Speaker of the House of
Representatives and they approve the substitution within five (5)
calendar days of such submission.
D. The Director Chief Operating Officer has authority to
redirect funds within the Maintenance of State Buildings Revolving
Fund for emergency projects approved by the President Pro Tempore of
the Senate and the Speaker of the House of Representatives.
SECTION 419. AMENDATORY 62 O.S. 2021, Section 908, as
amended by Section 1, Chapter 188, O.S.L. 2023 (62 O.S. Supp. 2025,
Section 908), is amended to read as follows:
Section 908. A. There is hereby established the Oklahoma State
Government Asset Reduction and Cost Savings Program.
B. No later than December 31 each year, the Director Chief
Operating Officer of the Office of Management and Enterprise
Services shall publish a comprehensive report detailing state-owned
properties.
C. The report mandated in accordance with the provisions of
this section shall list the five percent (5%) most underutilized
state-owned properties. The report shall describe the value of
properties falling within the description in this subsection, assess
the potential for purchase should the properties be offered for
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sale, and describe the impact on local-level tax rolls in the event
the properties are purchased by a nongovernmental entity.
D. The Director Chief Operating Officer of the Office of
Management and Enterprise Services shall promulgate rules
establishing procedures by which each state agency, board,
commission, and public trust having the state as a beneficiary,
excluding those otherwise exempted under Section 327 of Title 61 of
the Oklahoma Statutes, shall submit the necessary data to the Office
of Management and Enterprise Services for the development of this
report.
E. State agencies, boards, commissions, and public trusts
having the state as a beneficiary shall comply with procedures
promulgated pursuant to the terms of this section.
F. The report and data collected pursuant to this section shall
be published as a data feed on the data.ok.gov website.
G. In addition to the requirements of subsection C of this
section, the Office of Management and Enterprise Services may make
recommendations for the sale of other state-owned properties based
upon the value of the property and the potential for net gain for
the state based upon the data obtained for the Oklahoma State
Government Asset Reduction and Cost Savings Program.
H. There is hereby created the Maintenance of State Buildings
Revolving Fund. The fund shall be a continuing fund, not subject to
fiscal year limitations, and shall serve as the depository for
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proceeds from the sale of state-owned properties pursuant to the
Oklahoma State Government Asset Reduction and Cost Savings Program.
The fund shall further consist of monies appropriated thereto and
other funds designated for deposit therein. All monies accruing to
the credit of the fund are hereby appropriated and may be expended
exclusively for maintaining and repairing state-owned properties and
buildings pursuant to the procedures set forth in Section 901.1 of
Title 62 of the Oklahoma Statutes and for acquisition of information
technology tools or resources that state agencies, boards,
commissions, and public trusts having the state as a beneficiary
shall use in carrying out their obligations in accordance with this
act. The total expenditure for information technology resources
shall not exceed One Hundred Thousand Dollars ($100,000.00).
Expenditures from the fund shall be made upon warrants issued by the
State Treasurer against claims filed as prescribed by law with the
Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment. Expenditures from the
Maintenance of State Buildings Revolving Fund shall be detailed in a
data feed and made available through the data.ok.gov web portal.
I. The Director Chief Operating Officer of the Office of
Management and Enterprise Services shall notify entities found by
the Office to be out of compliance with the reporting provisions of
this section in writing.
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J. This section shall not be applicable to the following or
their lands, properties, buildings, funds, or revenue:
1. The Oklahoma Ordnance Works Authority;
2. The Commissioners of the Land Office; and
3. Institutions comprising The Oklahoma State System of Higher
Education, except as to the data reporting requirements in this
section.
K. The report required in subsection B of this section shall
include an indication of whether a property is owned by the Oklahoma
Historical Society, is listed on the National Register of Historic
Places or with the National Trust for Historic Preservation, or is
potentially of historical significance. The Office of Management
and Enterprise Services shall notify the Oklahoma Historical Society
and obtain its approval prior to the sale of any such property.
SECTION 420. AMENDATORY 62 O.S. 2021, Section 3112, is
amended to read as follows:
Section 3112. A. Following the close of each regular
legislative session during which retirement bills having a fiscal
impact may be enacted, the State Board of Equalization shall make a
determination for each such bill enacted during such session, which
is not vetoed by the Governor, of whether or not provision has been
made for the concurrent funding of the bill in conformity with the
applicable requirements of Section 311 of this title.
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B. The Legislative Actuary, the Director Chief Operating
Officer of the Office of Management and Enterprise Services,
legislative staff, retirement system administrators, and employers
shall provide such information and assistance as may be necessary
for the State Board of Equalization to make the determinations
required by subsection A of this section.
C. The State Board of Equalization shall make the
determinations required by subsection A of this section by not later
than the fifteenth day immediately following the last day on which
the Governor is authorized to veto bills following the close of each
regular legislative session. The State Board of Equalization's
findings shall be made in a report to the Secretary of State showing
the determination for each retirement bill by reference to the
respective Senate or House of Representatives number for the bill.
The report shall be submitted to the Secretary of State by not later
than the last day on which the State Board of Equalization is
required to make the determinations. The Secretary of State shall
cause the State Board of Equalization's report to be printed in the
annual session laws of the State of Oklahoma.
SECTION 421. AMENDATORY 62 O.S. 2021, Section 7003, as
amended by Section 1, Chapter 125, O.S.L. 2023 (62 O.S. Supp. 2025,
Section 7003), is amended to read as follows:
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Section 7003. A. There is hereby established the Incentive
Evaluation Commission consisting of:
1. A certified public accountant appointed by the Oklahoma
Accountancy Board whose term shall expire on December 31, 2025;
2. The Chair of Select Oklahoma an Economic Development
Partnership, Inc. or his or her designee who is also a member of
Select Oklahoma an Economic Development Partnership, Inc. who shall
serve during his or her term of office as Chair of Select Oklahoma
an Economic Development Partnership, Inc.;
3. An auditor who is employed as an internal auditor by a
company or who is employed by a private auditing firm appointed by
the Governor whose term shall expire on December 31, 2025;
4. An economist from an Oklahoma college or university
appointed by the President Pro Tempore of the Senate whose term
shall expire on December 31, 2024;
5. A lay person who is not an elected official appointed by the
Speaker of the House of Representatives whose term shall expire
December 31, 2024;
6. The Chair of the Oklahoma Tax Commission or his or her
designee who is also a member of the Oklahoma Tax Commission, which
shall be an ex officio and nonvoting position;
7. The Director Chief Operating Officer of the Office of
Management and Enterprise Services or his or her designee who is an
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employee of the Office of Management and Enterprise Services which
shall be an ex officio and nonvoting position; and
8. The Secretary of Commerce or his or her designee who is an
employee of the Oklahoma Department of Commerce which shall be an ex
officio and nonvoting position.
B. Thereafter persons shall be appointed for terms of four (4)
years beginning on January 1. Any vacancy shall be filled by the
appointing authority for the remainder of the unexpired term.
C. No person shall serve on the Commission or be appointed to
the Commission who is employed by a company that receives any
incentive or who holds a substantial interest in ownership in a
company that receives any incentive. As used in this subsection,
“substantial interest” shall mean the ownership, directly or
indirectly, of more than fifty percent (50%) of the equity interest
with voting rights for any lawfully recognized business entity.
D. No person shall be appointed to the Commission who at the
time of his or her appointment is an elected official. Any person
who is appointed to the Commission who subsequently becomes an
elected official during his or her term on the Commission shall be
required to vacate his or her position on the Commission.
E. The Office of Management and Enterprise Services shall
provide staff and administrative support to the Incentive Evaluation
Commission. The Oklahoma Department of Commerce and the Oklahoma
Tax Commission shall assist the Office of Management and Enterprise
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Services as needed in providing staff and administrative support to
the Commission.
F. The Incentive Approval Committee is hereby created as a
subcommittee of the Incentive Evaluation Commission and shall
consist of the Director Chief Operating Officer of the Office of
Management and Enterprise Services or his or her designee, the
Secretary of Commerce or his or her designee, and the Chairman of
the Tax Commission or his or her designee. It shall be the duty of
the Committee to determine:
1. Upon initial application on a form approved by the
Committee, if an establishment is engaged in a basic industry as
defined in subdivision (b) of division (7) or in subdivisions (a)
through (n) of division (9) of subparagraph a of paragraph 1 of
subsection A of Section 3603 of Title 68 of the Oklahoma Statutes or
as otherwise provided by subsection C of Section 3603 of Title 68 of
the Oklahoma Statutes;
2. If an establishment would have been defined as a “basic
industry” prior to the amendments to Section 3603 of Title 68 of the
Oklahoma Statutes to convert from SIC Codes to NAICS Codes. If the
Committee so determines, the establishment shall be considered as a
“basic industry” for purposes of the Oklahoma Quality Jobs Program
Act; and
3. If employees of an establishment as defined in division (10)
of subparagraph a of paragraph 1 of subsection A of Section 3603 of
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Title 68 of the Oklahoma Statutes meet the requirements to be
considered employed in new direct jobs as specified in paragraph 3
of subsection A of Section 3603 of Title 68 of the Oklahoma
Statutes.
G. For an establishment defined as a “basic industry” pursuant
to division (4) of subparagraph a of paragraph 1 of subsection A of
Section 3603 of Title 68 of the Oklahoma Statutes, the Incentive
Approval Committee shall consist of the members provided by
subsection A of this section and the Executive Director of the
Oklahoma Center for the Advancement of Science and Technology, or a
designee from the Center appointed by the Executive Director.
SECTION 422. AMENDATORY 63 O.S. 2021, Section 1-105d, is
amended to read as follows:
Section 1-105d. There is hereby created in the State Treasury a
revolving fund for the State Department of Health, to be designated
the "Tobacco Prevention and Cessation Revolving Fund". The fund
shall be a continuing fund, not subject to fiscal year limitations,
and shall consist of all monies deposited to the credit of the fund
by law. All monies accruing to the credit of the fund are hereby
appropriated and may be budgeted and expended by the State
Department of Health for purposes of paragraph 2 of subsection C of
Section 1, Chapter 340, O.S.L. 2000. Expenditures from the fund
shall be made upon warrants issued by the State Treasurer against
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claims filed as prescribed by law with the Director Chief Operating
Officer of the Office of Management and Enterprise Services for
approval and payment.
SECTION 423. AMENDATORY 63 O.S. 2021, Section 1-107, is
amended to read as follows:
Section 1-107. There is hereby created in the State Treasury a
revolving fund to be known as the Public Health Special Fund. All
monies, fees and revenues collected, authorized or received from any
source by the State Commissioner of Health or the State Department
of Health under the provisions of this Code or any other law or any
agreement shall, unless otherwise expressly provided in this Code or
other law, be placed in said fund. Said fund shall be a continuing
fund not subject to fiscal year limitations. All monies accruing to
the credit of said fund are hereby appropriated and may be budgeted
and expended by the Commissioner for the purpose of maintaining and
operating the State Department of Health, and in administering and
executing the laws pertaining to the duties and functions of the
State Department of Health. Expenditures from said fund shall be
made upon warrants issued by the State Treasurer against claims
filed as prescribed by law with the Director Chief Operating Officer
of the Office of Management and Enterprise Services for approval and
payment.
SECTION 424. AMENDATORY 63 O.S. 2021, Section 1-107.1A,
is amended to read as follows:
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Section 1-107.1A. A. There is hereby created in the State
Treasury a Revolving Fund for the State Department of Health to be
designated the "Eldercare Revolving Fund". The fund shall be a
continuing fund, not subject to fiscal year limitations, and shall
consist of all monies deposited to the credit of the fund by law.
B. All monies accruing to the credit of the fund are hereby
appropriated and may be budgeted and expended by the State
Department of Health for operation of local Eldercare case
management programs. A full accounting of the expenditures of the
program shall be sent to the Speaker of the House of
Representatives, the President Pro Tempore of the Senate, and the
Governor by January 15 of each year. Expenditures from the fund
shall be made upon warrants issued by the State Treasurer against
claims filed as prescribed by law with the Director Chief Operating
Officer of the Office of Management and Enterprise Services for
approval and payment.
C. The Eldercare Revolving Fund shall not be used for the costs
the State Department of Health incurs in administering the local
programs.
D. The State Department of Health shall recognize and reimburse
indirect costs for Eldercare programs, administered by contractors,
if the costs are charged in accordance with an indirect cost
allocation plan developed in accordance with federal guidelines
established by the United States Office of Management and Budget
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Circular A-87. In no case shall the State Department of Health
reimburse indirect costs in excess of twenty percent (20%) of total
direct salaries for Eldercare and Advantage program personnel.
SECTION 425. AMENDATORY 63 O.S. 2021, Section 1-107.2,
is amended to read as follows:
Section 1-107.2. There is hereby created in the State Treasury
a revolving fund for the State Department of Health, to be
designated the "Vaccine Revolving Fund". The fund shall be a
continuing fund, not subject to fiscal year limitations, and shall
consist of all monies deposited to the credit of the fund by law.
All monies accruing to the credit of said fund are hereby
appropriated and may be budgeted and expended by the State
Department of Health for the purchase of vaccines. Expenditures
from said fund shall be made upon warrants issued by the State
Treasurer against claims filed as prescribed by law with the
Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment.
SECTION 426. AMENDATORY 63 O.S. 2021, Section 1-107.3,
is amended to read as follows:
Section 1-107.3. There is hereby created in the State Treasury
a revolving fund for the State Department of Health, to be
designated as the "Health Department Media Campaign Revolving Fund".
The fund shall be a continuing fund, not subject to fiscal year
limitations, and shall consist of all monies deposited to the credit
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of the fund by law. All monies accruing to the credit of said fund
shall be budgeted and expended by the State Department of Health for
media campaigns. Expenditures from said fund shall be made upon
warrants issued by the State Treasurer against claims filed as
prescribed by law with the Director Chief Operating Officer of the
Office of Management and Enterprise Services for approval and
payment.
SECTION 427. AMENDATORY 63 O.S. 2021, Section 1-107.4,
is amended to read as follows:
Section 1-107.4. A. There is hereby created in the State
Treasury a fund for the State Department of Health to be designated
the "Oklahoma Department of Health Civil Monetary Penalty Revolving
Fund". The fund shall be a continuing fund, not subject to fiscal
year limitations. It shall consist of monies received by the State
Department of Health which emanate from fines and assessments
against Oklahoma nursing homes and other long-term and non-long-term
care facilities found to be noncompliant with federal conditions of
participation.
B. All monies accruing to the credit of the fund are hereby
appropriated and may be budgeted and expended by the State
Department of Health at the discretion of the Commissioner of Health
for the protection of the health or property of residents of nursing
facilities.
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C. All expenditures shall be in compliance with requirements of
the Centers for Medicare and Medicaid Services. Expenditures from
the fund shall be made upon warrants issued by the State Treasurer
against claims filed as prescribed by law with the Director Chief
Operating Officer of the Office of Management and Enterprise
Services for approval and payment.
D. The Commissioner of Health may request the Director Chief
Operating Officer of the Office of Management and Enterprise
Services to transfer monies between the Oklahoma Department of
Health Civil Monetary Penalty Revolving Fund and any other fund of
the Department, as needed for the proper expenditure of funds.
SECTION 428. AMENDATORY 63 O.S. 2021, Section 1-110.1,
is amended to read as follows:
Section 1-110.1. A. There is hereby created in the State
Treasury a revolving fund for the State Department of Health to be
designated the "Children First Fund". The fund shall be a
continuing fund, not subject to fiscal year limitations, and shall
consist of all monies deposited to the credit of the fund by law.
All monies accruing to the credit of the fund are hereby
appropriated and may be budgeted and expended by the State
Department of Health for operation of Children First family resource
programs. Expenditures from the fund shall be made upon warrants
issued by the State Treasurer against claims filed as prescribed by
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law with the Director Chief Operating Officer of the Office of
Management and Enterprise Services for approval and payment.
B. The State Department of Health shall submit to the Speaker
of the House of Representatives, the President Pro Tempore of the
Senate, and the Governor by January 15 of each year, an annual
report, including a full accounting of administrative expenditures
from the fund for the prior fiscal year, and a summary detailing the
demographic characteristics of families served including, but not
limited to, the following:
1. Age and marital status of parent(s);
2. Household composition of families served;
3. Number of families accepted into the program, by location,
and average length of time enrolled;
4. Referrals made on behalf of families not accepted into the
program; and
5. Average actual expenditures per child during the most recent
state fiscal year.
C. Projects shall comply with the uniform components of the
State Plan for the Prevention of Child Abuse.
D. The Department shall forward to the Oklahoma Health Care
Authority a report of the total number of hours of nursing services
provided to families under Children First family resource programs.
The Oklahoma Health Care Authority shall submit such information to
the Centers for Medicaid and Medicare Services for purposes of
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applying for federal matching funds and shall submit any necessary
applications for waivers to accomplish the provisions of this
subsection.
E. The State Department of Health shall contract with a
university-related program for a performance-based evaluation of
programs. Program sites shall fully cooperate and comply with the
evaluation process, and sites shall provide weekly caseload and
referral information to the State Department of Health.
SECTION 429. AMENDATORY Section 1, Chapter 439, O.S.L.
2024 (63 O.S. Supp. 2025, Section 1-114.21), is amended to read as
follows:
Section 1-114.21. There is hereby created in the State Treasury
a revolving fund for the State Department of Health to be designated
the “Public School Vision Screening Modernization Revolving Fund”.
The fund shall be a continuing fund, not subject to fiscal year
limitations, and shall consist of all monies deposited to the credit
of the fund by law or from private funds donated for one or both of
the purposes listed in this section. All monies accruing to the
credit of the fund are hereby appropriated and may be budgeted and
expended by the State Department of Health for the following
purposes:
1. Awarding grants to public schools as provided by Section 2
of this act; and
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2. Collection of necessary vision screening data including, but
not limited to, through the cloud-based platform and data management
system described in Section 1210.284 of Title 70 of the Oklahoma
Statutes.
Expenditures from the fund shall be made upon warrants issued by
the State Treasurer against claims filed as prescribed by law with
the Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment.
SECTION 430. AMENDATORY 63 O.S. 2021, Section 1-229.3,
is amended to read as follows:
Section 1-229.3. A. There is hereby created in the State
Treasury a revolving fund for the State Department of Health to be
designated the "Tobacco Use Reduction Fund". The fund shall be a
continuing fund, not subject to fiscal year limitations, and shall
consist of all monies appropriated thereto by the Legislature, any
other funds that may be directed thereto by the Board of Directors
of the Tobacco Settlement Endowment Trust Fund, and all other monies
including gifts, grants and other funds that may be directed
thereto. All monies accruing to the credit of said fund are hereby
appropriated and may be budgeted and expended by the Department for
the purpose of the State Plan for Tobacco Use Prevention and
Cessation and for other purposes specifically authorized by this
act. Expenditures from said fund shall be made upon warrants issued
by the State Treasurer against claims filed as prescribed by law
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with the Director Chief Operating Officer of the Office of
Management and Enterprise Services for approval and payment.
B. The fund shall be administered by the State Department of
Health.
C. Monies from the fund shall not be used to engage in any
political activities or lobbying, including, but not limited to,
support of or opposition to candidates, ballot initiatives,
referenda or other similar activities.
SECTION 431. AMENDATORY 63 O.S. 2021, Section 1-229.33,
is amended to read as follows:
Section 1-229.33. There is hereby created in the State Treasury
a revolving fund for the Department of Mental Health and Substance
Abuse Services to be designated the "Prevention of Youth Access to
Alcohol Revolving Fund". The fund shall be a continuing fund, not
subject to fiscal year limitations, and shall consist of all monies
received by the Department of Mental Health and Substance Abuse
Services from fines collected pursuant to Section 241 of this title.
All monies accruing to the credit of said fund are hereby
appropriated and may be budgeted and expended by the Department of
Mental Health and Substance Abuse Services for the purpose of
programs and campaigns to educate the public and law enforcement
about the dangers and consequences of providing alcohol to minors.
Expenditures from said fund shall be made upon warrants issued by
the State Treasurer against claims filed as prescribed by law with
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the Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment.
SECTION 432. AMENDATORY 63 O.S. 2021, Section 1-291.3,
is amended to read as follows:
Section 1-291.3. There is hereby created in the State Treasury
a revolving fund for the Department of Veterans Affairs to be
designated the "Veterans Traumatic Brain Injury Treatment and
Recovery Revolving Fund". The fund shall be a continuing fund, not
subject to fiscal year limitations, and shall consist of all the
monies received by the Department of Veterans Affairs in the form of
donations, appropriations or other monies for such fund. All monies
accruing to the credit of the fund are appropriated and may be
budgeted and expended by the Department for the purpose of veterans'
treatment as provided by law. Expenditures from the fund shall be
made upon warrants issued by the State Treasurer against claims
filed as prescribed by law with the Director Chief Operating Officer
of the Office of Management and Enterprise Services for approval and
payment.
SECTION 433. AMENDATORY 63 O.S. 2021, Section 1-291.5,
is amended to read as follows:
Section 1-291.5. Any Oklahoma veteran who has been diagnosed
with a traumatic brain injury (TBI) and prescribed hyperbaric oxygen
treatment (HBOT) by a medical professional authorized under Section
2 of this act may receive HBOT at any facility in the state that has
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a hyperbaric chamber and provides treatment in accordance with
Section 2 of this act.
Prior to receiving treatment, a treatment plan for the TBI by
HBOT shall be reviewed and conform to a plan approved by the
Oklahoma State University Center for Aerospace and Hyperbaric
Medicine. The facility seeking reimbursement from the fund shall
request approval for funding from the Director Chief Operating
Officer of the Office of Management and Enterprise Services. Upon
receipt of an approved request for treatment, the funds for
treatment shall be set aside and used to ensure payment in full for
the veteran's treatment. If there is not enough money in the fund
to set aside for treatment reimbursement, the Director Chief
Operating Officer of Office of Management and Enterprise Services
shall deny approval of the request.
At the conclusion of six (6) months of no treatment and/or the
lack of submission of any bills, the Director Chief Operating
Officer of the Office of Management and Enterprise Services shall
advise the veteran and the participating facility that the funding
reserved for the HBOT shall expire within ninety (90) days if no
contact is made by the facility that treatment is scheduled and/or
continued. Should the facility fail to contact the Office of
Management and Enterprise Services with the information that
treatment is scheduled and/or continued, then the monies reserved
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for treatment of that veteran shall be released and made available
to another veteran meeting the requirements of this act.
SECTION 434. AMENDATORY 63 O.S. 2021, Section 1-291.6,
is amended to read as follows:
Section 1-291.6. Subject to the availability of funding,
participating facilities who provide HBOT to veterans suffering from
TBI shall provide treatment at no cost to the veteran and shall
submit a bill for any treatment to the Director Chief Operating
Officer of the Office of Management and Enterprise Services. The
bill shall be paid from the Veterans Traumatic Brain Injury
Treatment and Recovery Revolving Fund to the extent funds are
available. Should the costs of the treatment exceed the
availability of funds, the veteran treated shall be held harmless
from any costs of treatment by the facility and the state shall be
under no obligation to make payments beyond the approved amount in
the fund created in Section 3 of this act and set aside for that
purpose by the Director Chief Operating Officer of the Office of
Management and Enterprise Services.
SECTION 435. AMENDATORY 63 O.S. 2021, Section 1-557, is
amended to read as follows:
Section 1-557. A. 1. There is hereby created in the State
Treasury a revolving fund for the State Department of Health to be
designated the "Breast and Cervical Cancer Act Revolving Fund". The
fund shall be a continuing fund, not subject to fiscal year
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limitations, and shall consist of all monies received by the fund
and gifts or donations to the fund.
2. All monies donated or accruing to the credit of the fund are
hereby appropriated and may be budgeted and expended by the State
Department of Health for the purposes specified in and associated
with implementation of the Oklahoma Breast and Cervical Cancer Act.
3. Monies from the fund may be transferred to the Breast and
Cervical Cancer Prevention and Treatment Account and shall be used
to carry out the purposes specified in Section 1-556 of this title.
4. Expenditures from the fund shall be made upon warrants
issued by the State Treasurer against claims filed as prescribed by
law with the Director Chief Operating Officer of the Office of
Management and Enterprise Services for approval and payment.
B. Monies in the Breast and Cervical Cancer Act Revolving Fund
may be expended by the State Department of Health for promotional
activities to encourage donations to the Breast and Cervical Cancer
Act Revolving Fund by individuals and private businesses or
foundations.
SECTION 436. AMENDATORY 63 O.S. 2021, Section 1-559, is
amended to read as follows:
Section 1-559. A. There is hereby created in the State
Treasury a revolving fund for the Oklahoma Health Care Authority to
be designated the "Belle Maxine Hilliard Breast and Cervical Cancer
Treatment Revolving Fund". The fund shall be a continuing fund, not
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subject to fiscal year limitations, and shall consist of all monies
received by the Oklahoma Health Care Authority from appropriations,
gifts or donations.
B. All monies accruing to the credit of such fund are hereby
appropriated and may be budgeted and expended by the Oklahoma Health
Care Authority for the purpose specified and associated with the
Oklahoma Breast Cancer Act.
C. Expenditures from the fund shall be made upon warrants
issued by the State Treasurer against claims filed as prescribed by
law with the Director Chief Operating Officer of the Office of
Management and Enterprise Services for approval and payment.
SECTION 437. AMENDATORY 63 O.S. 2021, Section 1-570, is
amended to read as follows:
Section 1-570. A. There is hereby created in the State
Treasury a revolving fund for the State Department of Health to be
designated the "Genetic Counseling Licensure Revolving Fund". The
fund shall be a continuing fund, not subject to fiscal year
limitations, and shall consist of all monies that may be directed
thereto by the State Board of Health, and all other monies including
gifts, grants and other funds that may be directed thereto. All
monies accruing to the credit of the fund are hereby appropriated
and may be budgeted and expended by the Board for the purpose of
licensure of genetic counselors and for other purposes specifically
authorized by this act. Expenditures from the fund shall be made
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upon warrants issued by the State Treasurer against claims filed as
prescribed by law with the Director Chief Operating Officer of the
Office of Management and Enterprise Services for approval and
payment.
B. The fund shall be administered by the State Department of
Health.
C. Monies from the fund shall not be used to engage in any
political activities or lobbying including, but not limited to,
support of or opposition to candidates, ballot initiatives,
referenda or other similar activities.
SECTION 438. AMENDATORY Section 3, Chapter 144, O.S.L.
2025 (63 O.S. Supp. 2025, Section 1-580.2), is amended to read as
follows:
Section 1-580.2. There is hereby created in the Oklahoma State
Treasury a revolving fund for the State Department of Health to be
designated the "Barbara Weber Amyotrophic Lateral Sclerosis (ALS)
Grant Program Revolving Fund". The fund shall be a continuing fund,
not subject to fiscal year limitations, and shall consist of all
monies received by the State Department of Health from
appropriations, donations, grants, or other sources of funding
specifically designated for deposit to the Barbara Weber Amyotrophic
Lateral Sclerosis (ALS) Grant Program Revolving Fund. All monies
accruing to the credit of said fund are hereby appropriated and may
be budgeted and expended by the State Department of Health for the
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purpose of the Barbara Weber Amyotrophic Lateral Sclerosis (ALS)
Grant Program. Expenditures from said fund shall be made upon
warrants issued by the State Treasurer against claims filed as
prescribed by law with the Director Chief Operating Officer of the
Office of Management and Enterprise Services for approval and
payment.
SECTION 439. AMENDATORY 63 O.S. 2021, Section 1-604, is
amended to read as follows:
Section 1-604. The Oklahoma General Hospital located at
Clinton, Oklahoma, shall be transferred at the close of regular
business hours on June 30, 1973, to the City of Clinton, Oklahoma.
Included within such transfer shall be the physical plant, all
equipment and supplies, and the following described land:
Lots 13 to 24, inclusive, Block 2, Shoeboy Addition, City of
Clinton, County of Custer, State of Oklahoma.
The Director Chief Operating Officer of the Office of Management and
Enterprise Services is hereby authorized and directed to execute and
deliver, on behalf of this state, instruments conveying title to
said real and personal property to the City of Clinton, Oklahoma.
There shall also be transferred to the City of Clinton all
accounts receivable including revolving funds of the Oklahoma
General Hospital. Any outstanding obligations of the Oklahoma
General Hospital shall be assumed by the City of Clinton.
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SECTION 440. AMENDATORY 63 O.S. 2021, Section 1-723, is
amended to read as follows:
Section 1-723. A. There is hereby created in the State
Treasury a revolving fund for the State Department of Health to be
designated the "Primary Health Care Development Revolving Fund".
The fund shall be a continuing fund, not subject to fiscal year
limitations, and shall consist of appropriations, grants, gifts and
other money obtained pursuant to this act.
B. All monies accruing to the credit of the fund are hereby
appropriated and may be budgeted and expended by the State
Department of Health for the enhancement and establishment of
federally qualified health centers or federally qualified look-alike
community health centers, as defined by 42 U.S.C., Section
13986d(1)(2)(B).
C. Expenditures from said fund shall be made upon warrants
issued by the State Treasurer against claims filed as prescribed by
law with the Director Chief Operating Officer of the Office of
Management and Enterprise Services for approval and payment.
SECTION 441. AMENDATORY 63 O.S. 2021, Section 1-740.12,
is amended to read as follows:
Section 1-740.12. There is hereby created in the State Treasury
a revolving fund for the State Department of Health to be designated
the "Alternatives-to-Abortion Services Revolving Fund". The fund
shall be a continuing fund, not subject to fiscal year limitations,
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and shall consist of all monies deposited to the credit of the fund
by law. All monies accruing to the credit of the fund are hereby
appropriated and may be budgeted and expended by the State
Department of Health as provided in subsection A of Section 1-740.11
of this title. The fund shall not be available to any organization
or affiliate of an organization which provides or promotes abortions
or directly refers for abortion; provided, however, any nondirective
counseling relating to the pregnancy shall not disqualify an
organization from receiving these funds. Expenditures from the fund
shall be made upon warrants issued by the State Treasurer against
claims filed as prescribed by law with the Director Chief Operating
Officer of the Office of Management and Enterprise Services for
approval and payment.
SECTION 442. AMENDATORY Section 1, Chapter 421, O.S.L.
2024 (63 O.S. Supp. 2025, Section 1-740.20), is amended to read as
follows:
Section 1-740.20. There is hereby created in the State Treasury
a revolving fund for the State Department of Health to be designated
the “Choosing Childbirth Revolving Fund”. The fund shall be a
continuing fund, not subject to fiscal year limitations, and shall
consist of all monies received by the Department from appropriations
provided for the purpose of funding services under the Choosing
Childbirth Act. All monies accruing to the credit of the fund are
hereby appropriated and may be budgeted and expended by the
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Department for the purpose provided for in this section.
Expenditures from the fund shall be made upon warrants issued by the
State Treasurer against claims filed as prescribed by law with the
Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment.
SECTION 443. AMENDATORY 63 O.S. 2021, Section 1-755, is
amended to read as follows:
Section 1-755. There is hereby created in the State Treasury a
revolving fund for the State Board of Education to be designated as
the "Public Education on the Humanity of the Unborn Child Fund".
The fund shall be a continuing fund, not subject to fiscal year
limitations, and shall consist of all monies deposited to the credit
of the fund by law. All monies accruing to the credit of said fund
shall be budgeted and expended by the Board for the establishment of
the instruction programs established in Section 4 of this act.
Expenditures from said fund shall be made upon warrants issued by
the State Treasurer against claims filed as prescribed by law with
the Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment.
SECTION 444. AMENDATORY 63 O.S. 2021, Section 1-857.6,
is amended to read as follows:
Section 1-857.6. A. The Oklahoma Health Planning Commission is
hereby abolished, and the powers, duties and responsibilities
exercised by such Commission pursuant to law are hereby transferred
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to the State Department of Health and the State Commissioner of
Health. All unexpended funds, property, records, personnel and any
outstanding financial obligations and encumbrances of such office
are hereby transferred to the State Department of Health and the
State Commissioner of Health.
B. The Director Chief Operating Officer of the Office of
Management and Enterprise Services is hereby directed to coordinate
the transfer of funds, allotments, purchase orders, outstanding
financial obligations or encumbrances provided for in this section.
C. Any application for a certificate of need which was duly
filed with the Oklahoma Health Planning Commission prior to the
effective date of the Long-term Care Certificate of Need Act or the
Psychiatric and Chemical Dependency Facility Certificate of Need Act
shall be reviewed and approved or disapproved pursuant to criteria
and procedures in effect at the time such application was filed.
Any application for Certificate of Need not scheduled for review at
the regularly scheduled June, 1989, Commission meeting or by the
Director Chief Operating Officer before July 1, 1989, shall be
considered to have been duly filed with the State Department of
Health. In all appellate matters, including but not limited to
reconsideration and remand, the Department shall be considered as
the Commission.
D. The rules of the Oklahoma Health Planning Commission in
effect on July 1, 1989, shall be enforceable by the State Department
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of Health and shall remain effective until the adoption of new rules
by the State Board of Health.
E. Any references to the Oklahoma Health Planning Commission in
the Oklahoma Statutes shall be construed to refer to the State
Department of Health.
SECTION 445. AMENDATORY 63 O.S. 2021, Section 1-860.16,
is amended to read as follows:
Section 1-860.16. There is hereby created in the State Treasury
a revolving fund for the State Department of Health, to be
designated the "Hospice Revolving Fund". The fund shall be a
continuing fund, not subject to fiscal year limitations, and shall
consist of all monies received by the Department, from any monies
received as a result of fees received pursuant to the provisions of
the Oklahoma Hospice Licensing Act and any monies appropriated to
the fund by law. All monies accruing to the credit of said fund are
hereby appropriated and may be budgeted and expended by the
Department to effectuate the provisions of the Oklahoma Hospice
Licensing Act. Expenditures from said fund shall be made upon
warrants issued by the State Treasurer against claims filed as
prescribed by law with the Director Chief Operating Officer of the
Office of Management and Enterprise Services for approval and
payment.
SECTION 446. AMENDATORY 63 O.S. 2021, Section 330.62, as
amended by Section 7, Chapter 271, O.S.L. 2023, and as renumbered by
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Section 15, Chapter 271, O.S.L. 2023 (63 O.S. Supp. 2025, Section 1-
1949.5), is amended to read as follows:
Section 1-1949.5. There is hereby created in the State Treasury
a revolving fund for the State Department of Health to be designated
the “Long-Term Care Administrator Revolving Fund”. The fund shall
be a continuing fund, not subject to fiscal year limitations, and
shall consist of such sources of income as are provided by law. All
monies accruing to the credit of the fund are hereby appropriated
and may be budgeted and expended by the Department to carry out the
duties established by this act. Expenditures from the fund shall be
made upon warrants issued by the State Treasurer against claims
filed as prescribed by law with the Director Chief Operating Officer
of the Office of Management and Enterprise Services for approval and
payment.
SECTION 447. AMENDATORY 63 O.S. 2021, Section 1-1971, is
amended to read as follows:
Section 1-1971. There is hereby created in the State Treasury a
revolving fund for the State Department of Health, to be designated
as the "Home Health Care Revolving Fund". Said fund shall be a
continuing fund not subject to fiscal year limitations. The fund
shall consist of all monies collected pursuant to the provisions of
Section 1-1965 and Section 1-1966 of this title. All monies
accruing to said fund are hereby appropriated and shall be budgeted
and expended by the State Department of Health for licensure and
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regulation of home care agencies and branch offices. Expenditures
from said fund shall be made upon warrants issued by the State
Treasurer against claims filed as prescribed by law with the
Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment.
SECTION 448. AMENDATORY Section 2, Chapter 339, O.S.L.
2024 (63 O.S. Supp. 2025, Section 1-2213.1), is amended to read as
follows:
Section 1-2213.1. A. Upon the effective date of this act, the
Office of the State Long-Term Care Ombudsman within the Department
of Human Services shall transfer to the Office of the Attorney
General. The Office of the State Long-Term Care Ombudsman shall
continue to exercise its statutory powers and duties.
B. All equipment, supplies, records, matters pending, assets,
future liabilities, fund balances, encumbrances, obligations,
indebtedness, and legal and contractual rights and responsibilities
of the Office of the State Long-Term Care Ombudsman shall be
transferred to the Office of the Attorney General.
C. Any monies accruing to or in the name of the Office of the
State Long-Term Care Ombudsman on and after the effective date of
this act, or any monies that accrue in any funds or accounts or are
maintained for the benefit of the Office on and after the effective
date of this act, shall be transferred to the Office of the Attorney
General.
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D. The Department of Human Services and the Office of the
Attorney General may enter into an agreement for the transfer of
personnel. No employee shall be transferred to the Office of the
Attorney General except on the freely given written consent of the
employee. Any employee who is transferred shall not be required to
accept a lesser grade or salary than presently received. All
employees shall retain leave, sick, and annual time earned, and any
retirement and longevity benefits which have accrued during their
tenure with the Department of Human Services. The transfer of
personnel between the state agencies shall be coordinated with the
Office of Management and Enterprise Services.
E. The Director Chief Operating Officer of the Office of
Management and Enterprise Services shall coordinate the transfer of
funds, allotments, purchase orders, and outstanding financial
obligations or encumbrances as provided for in this section.
F. Upon the effective date of this act, all administrative
rules promulgated by the Director of Human Services for the Office
of the State Long-Term Care Ombudsman shall be transferred to and
become a part of the administrative rules of the Office of the
Attorney General. The Office of Administrative Rules in the Office
of the Secretary of State shall provide adequate notice in “The
Oklahoma Register” of the transfer of such rules and shall place the
transferred rules under the Oklahoma Administrative Code title of
the Office of the Attorney General. Such rules shall continue in
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force and effect as rules of the Office of the Attorney General from
and after the effective date of this act, and any amendment, repeal,
or addition to the transferred rules shall be under the jurisdiction
of the Attorney General.
SECTION 449. AMENDATORY 63 O.S. 2021, Section 1-2505.2,
is amended to read as follows:
Section 1-2505.2. There is hereby created in the State Treasury
a revolving fund for the State Department of Health to be designated
the "Emergency Medical Personnel Death Benefit Revolving Fund". The
fund shall be a continuing fund, not subject to fiscal year
limitations, and shall consist of all monies received by the State
Department of Health from the fees imposed pursuant to Section 1-
2505.3 of this title. All monies accruing to the credit of said
fund are hereby appropriated and may be budgeted and expended by the
State Department of Health for the purpose of making death benefit
payments to the named beneficiary or personal representative of a
deceased licensed emergency medical personnel or certified emergency
medical responder pursuant to Section 1-2505.1 of this title.
Expenditures from said fund shall be made upon warrants issued by
the State Treasurer against claims filed as prescribed by law with
the Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment.
SECTION 450. AMENDATORY 63 O.S. 2021, Section 1-2512.1,
is amended to read as follows:
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Section 1-2512.1. A. There is hereby created in the State
Treasury a revolving fund for the State Department of Health to be
designated the "Oklahoma Emergency Response Systems Stabilization
and Improvement Revolving Fund". The fund shall be a continuing
fund, not subject to fiscal year limitations, and shall consist of
monies received by the State Department of Health in accordance with
state law. All monies accruing to the credit of the fund are hereby
appropriated and may be budgeted and expended by the Department for
the purpose of funding assessment activities, stabilization and/or
reorganization of at-risk emergency medical services, development of
regional emergency medical services, training for emergency medical
directors, access to training front line emergency medical services
personnel, capital and equipment needs. Expenditures from the fund
shall be made upon warrants issued by the State Treasurer against
claims filed as prescribed by law with the Director Chief Operating
Officer of the Office of Management and Enterprise Services for
approval and payment.
B. The State Board of Health shall promulgate rules
establishing a formula and procedure for the distribution of funds
from the Oklahoma Emergency Response Systems Stabilization and
Improvement Revolving Fund.
SECTION 451. AMENDATORY 63 O.S. 2021, Section 1-2523, is
amended to read as follows:
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Section 1-2523. There is hereby created in the State Treasury a
revolving fund for the State Department of Health, to be designated
the "Oklahoma Institute for Disaster and Emergency Medicine
Revolving Fund". The fund shall be a continuing fund, not subject
to fiscal year limitations, and shall consist of all monies received
by the State Department of Health from state appropriations for such
fund. All monies accruing to the credit of said fund are hereby
appropriated and may be budgeted and expended by the State
Department of Health as follows:
The State Department of Health is authorized to develop and
support the Oklahoma Institute for Disaster and Emergency Medicine
(the "Institute") at the OU College of Medicine in Tulsa. The
primary duties and responsibilities of the Institute shall include:
1. Creation and delivery of educational initiatives related to
trauma systems development and trauma systems coordination, in order
to strengthen the quality of trauma care services rendered
statewide;
2. Development and support of an emergency medical response
infrastructure to include statewide planning and training functions;
3. Establishment and support of an allopathic emergency
medicine residency program in Oklahoma; and
4. In partnership with the State Department of Health, to
further develop an injury prevention research program to identify
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significant risks and design and implement effective interventions
to mitigate those risks.
Up to Five Hundred Thousand Dollars ($500,000.00) of this fund
may be used for delivery of urgent care in under-served areas.
Expenditures from said fund shall be made upon warrants issued
by the State Treasurer against claims filed as prescribed by law
with the Director Chief Operating Officer of the Office of
Management and Enterprise Services for approval and payment.
SECTION 452. AMENDATORY 63 O.S. 2021, Section 1-2530.9,
is amended to read as follows:
Section 1-2530.9. A. There is hereby created in the State
Treasury a revolving fund for the State Department of Health to be
designated the "Trauma Care Assistance Revolving Fund". The fund
shall be a continuing fund, not subject to fiscal year limitations,
and shall consist of all monies received by the State Department of
Health from monies apportioned thereto for purposes of this section.
All monies accruing to the credit of the fund are hereby
appropriated and may be budgeted and expended by the Department as
follows:
1. Ninety percent (90%) of such monies shall be used to
reimburse recognized trauma facilities, licensed ambulance service
providers and physicians for uncompensated trauma care expenditures
as documented in the statewide emergency medical services and trauma
analysis system developed pursuant to the provisions of Section 1-
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2511 of this title. In lieu of or in combination with reimbursement
for uncompensated care, monies from the fund may also be used to
support readiness costs incurred by recognized trauma facilities
associated with ensuring a stable trauma care system with
availability of twenty-four-hour physician services for the
provision of trauma care. Any monies used for the treatment of
Medicaid-eligible patients that are subsequently used to establish
federal matching fund requirements shall also be reimbursed to
eligible trauma facilities, licensed ambulance service providers and
physicians; and
2. Ten percent (10%) of such monies shall be used by the
Department in the furtherance of its powers and duties set forth in
the Oklahoma Emergency Response Systems Development Act.
B. Expenditures from the fund shall be made upon warrants
issued by the State Treasurer against claims filed as prescribed by
law with the Director Chief Operating Officer of the Office of
Management and Enterprise Services for approval and payment.
C. The State Board of Health shall establish by rule a formula
and procedure for the distribution of funds for uncompensated trauma
care and/or readiness costs that shall provide for the allocation of
funds to hospitals, ambulance service providers and physicians.
D. Annually, monies accumulated in the fund may be transferred
to the Oklahoma Health Care Authority, by order of the State
Commissioner of Health, to maximize Medicaid reimbursement of trauma
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care. The Oklahoma Health Care Authority shall use these funds with
federal matching funds to reimburse hospitals, ambulance service
providers and physicians for trauma care provided to severely
injured patients who are participants in Medicaid.
E. An annual report detailing the disbursements from the fund
shall be provided on January 1 of each year to the Speaker of the
House of Representatives, the President Pro Tempore of the Senate,
and the Chair of each health-related committee of both the House of
Representatives and the Senate.
SECTION 453. AMENDATORY 63 O.S. 2021, Section 1-2603, is
amended to read as follows:
Section 1-2603. There is hereby created in the State Treasury a
revolving fund for the State Department of Health, to be designated
the "Kidney Health Revolving Fund". The fund shall be a continuing
fund, not subject to fiscal year limitations, and shall consist of
all monies received by the State Department of Health from state
appropriations for such fund. All monies accruing to the credit of
said fund are hereby appropriated and may be budgeted and expended
by the State Department of Health for the purpose of implementing
the provisions of the Kidney Health Planning Act of Oklahoma.
Expenditures from said fund shall be made upon warrants issued by
the State Treasurer against claims filed as prescribed by law with
the Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment.
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SECTION 454. AMENDATORY 63 O.S. 2021, Section 1-2714, is
amended to read as follows:
Section 1-2714. There is hereby created in the State Treasury a
revolving fund for the State Department of Health to be designated
the "Dental Loan Repayment Revolving Fund". The fund shall be a
continuing fund, not subject to fiscal year limitations, and shall
consist of all monies deposited to the credit of the fund by law.
All monies accruing to the credit of said fund are hereby
appropriated and may be budgeted and expended by the State
Department of Health for the purpose of repaying dental student
loans. Expenditures from said fund shall be made upon warrants
issued by the State Treasurer against claims filed as prescribed by
law with the Director Chief Operating Officer of the Office of
Management and Enterprise Services for approval and payment.
SECTION 455. AMENDATORY 63 O.S. 2021, Section 1-2733, as
amended by Section 1, Chapter 142, O.S.L. 2023 (63 O.S. Supp. 2025,
Section 1-2733), is amended to read as follows:
Section 1-2733. There is hereby created in the State Treasury a
revolving fund for the State Department of Mental Health and
Substance Abuse to be designated the "Behavioral Health Workforce
Development Fund". The fund shall be a continuing fund, not subject
to fiscal year limitations, and shall consist of all monies
deposited to the credit of the fund by law. All monies accruing to
the credit of the fund are hereby appropriated and may be budgeted
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and expended by the State Department of Mental Health and Substance
Abuse Services for the purpose of repaying mental health and
substance treatment provider student loans, increasing the number of
psychiatric residencies, expanding licensure cohorts to increase the
number of clinicians at master's level and above, and developing
training, recruitment and supervision capacity. Expenditures from
the fund shall be made upon warrants issued by the State Treasurer
against claims filed as prescribed by law with the Director Chief
Operating Officer of the Office of Management and Enterprise
Services for approval and payment.
B. The State Department of Mental Health and Substance Abuse
Services shall make every attempt to work with health care loan
repayment programs operated by other states, tribal, and federal
agencies, including applying for matching federal grants, with the
goal of maximizing and coordinating resources to fill gaps in loan
repayment availability for critically-needed mental health
professions.
C. The Department of Mental Health and Substance Abuse Services
shall promulgate rules to effectuate the provisions of this section.
SECTION 456. AMENDATORY 63 O.S. 2021, Section 2-107, is
amended to read as follows:
Section 2-107. There is hereby created in the State Treasury a
revolving fund for the Oklahoma State Bureau of Narcotics and
Dangerous Drugs Control to be designated the "Bureau of Narcotics
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Revolving Fund". The fund shall be a continuing fund, not subject
to fiscal year limitations, and shall consist of any monies received
from the sale of surplus and confiscated property, fees and receipts
collected pursuant to the Oklahoma Open Records Act, gifts,
bequests, devises, contributions or grants, public or private,
including federal funds unless otherwise provided by federal law or
regulation, registration fees and receipts relating to prescription
pads and receipts from any other source. All monies accruing to the
credit of said fund are hereby appropriated and may be budgeted and
expended by the Oklahoma State Bureau of Narcotics and Dangerous
Drugs Control for general operations of the agency. Expenditures
from said fund shall be made upon warrants issued by the State
Treasurer against claims filed as prescribed by law with the
Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment.
SECTION 457. AMENDATORY 63 O.S. 2021, Section 2-107b, is
amended to read as follows:
Section 2-107b. There is hereby created in the State Treasury a
revolving fund for the Oklahoma State Bureau of Narcotics and
Dangerous Drugs Control to be designated the "Drug Money Laundering
and Wire Transmitter Revolving Fund". The fund shall be a
continuing fund, not subject to fiscal year limitations, and shall
consist of all monies received by the Oklahoma State Bureau of
Narcotics and Dangerous Drugs Control from the fees imposed pursuant
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to Section 2-503.1j of this title. All monies accruing to the
credit of the fund are hereby appropriated and may be budgeted and
expended by the Oklahoma State Bureau of Narcotics and Dangerous
Drugs Control for the purpose of drug enforcement. Expenditures
from said fund shall be made upon warrants issued by the State
Treasurer against claims filed as prescribed by law with the
Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment.
SECTION 458. AMENDATORY 63 O.S. 2021, Section 2-417, is
amended to read as follows:
Section 2-417. There is hereby created in the State Treasury a
revolving fund for the State Board of Education to be designated the
"Drug Abuse Education Revolving Fund". The fund shall be a
continuing fund, not subject to fiscal year limitations, and shall
consist of fines collected pursuant to the Trafficking in Illegal
Drugs Act. All monies accruing to the credit of said fund are
hereby appropriated and may be budgeted and expended by the State
Board of Education for drug abuse education programs. Expenditures
from said fund shall be made upon warrants issued by the State
Treasurer against claims filed as prescribed by law with the
Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment.
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SECTION 459. AMENDATORY 63 O.S. 2021, Section 2-503.2,
is amended to read as follows:
Section 2-503.2. A. 1. Every person convicted of a violation
of the Uniform Controlled Dangerous Substances Act or the
Trafficking In Illegal Drugs Act shall be assessed for each offense
a sum of not less than One Hundred Dollars ($100.00) nor more than
Three Thousand Dollars ($3,000.00).
2. The assessment shall be mandatory and in addition to and not
in lieu of any fines, restitution costs, other assessments, or
forfeitures authorized or required by law for the offense. The
assessment required by this section shall not be subject to any
order of suspension. The court shall order either a lump sum
payment or establish a payment schedule.
3. Failure of the offender to comply with the payment schedule
shall be considered contempt of court.
4. For purposes of collection, the assessment order shall not
expire until paid in full, nor shall the assessment order be limited
by the term of imprisonment prescribed by law for the offense, nor
by any term of imprisonment imposed against the offender, whether
suspended or actually served.
B. The assessment provided for in subsection A of this section
shall be collected by the court clerk as provided for collection of
fines and costs. When assessment payments are collected by the
court clerk pursuant to court order, the funds shall be forwarded to
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the Department of Mental Health and Substance Abuse Services for
deposit into its Drug Abuse Education and Treatment Revolving Fund
created by this section.
C. 1. There is hereby created in the State Treasury a
revolving fund for the Department of Mental Health and Substance
Abuse Services to be designated the "Drug Abuse Education and
Treatment Revolving Fund". The fund shall be a continuing fund, not
subject to fiscal year limitations, and shall consist of assessments
collected pursuant to this section, court-ordered assessments
collected pursuant to Section 11-902 of Title 47 of the Oklahoma
Statutes and Section 2-401 of this title, the Oklahoma Drug Court
Act, Section 2-2-509 of Title 10A of the Oklahoma Statutes, grants,
gifts and other money accruing to the benefit of the fund and the
Oklahoma Drug Court Act.
2. All monies accruing to the credit of the fund are hereby
appropriated and may be budgeted and expended by the Department of
Mental Health and Substance Abuse Services for treatment and drug
testing of indigent substance abusing offenders pursuant to the
Oklahoma Drug Court Act, Section 2-2-205 of Title 10A of the
Oklahoma Statutes, and Sections 2-2-506 through 2-2-509 of Title 10A
of the Oklahoma Statutes, for substance abuse prevention, drug
courts, and continuing education.
3. Expenditures from said fund shall be made upon warrants
issued by the State Treasurer against claims filed as prescribed by
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law with the Director Chief Operating Officer of the Office of
Management and Enterprise Services for approval and payment.
4. Monies expended from this fund shall not supplant other
local, state, or federal funds.
SECTION 460. AMENDATORY 63 O.S. 2021, Section 2-512, is
amended to read as follows:
Section 2-512. There is hereby created in the State Treasury a
revolving fund to be known as the Drug Eradication and Enforcement
Plan Revolving Fund. The fund shall be a continuing fund, not
subject to fiscal year limitations, and shall consist of any monies
appropriated or transferred to the fund and any monies contributed
to the fund from any other source. All monies accruing to the
credit of such fund are hereby appropriated and may be budgeted and
expended for the purpose of providing grants to district attorneys'
offices, sheriffs' offices and municipal police departments. The
grants shall be used for eradication of illegal drugs and
enforcement of drug laws. Allowable expenditure of the grants shall
include, but shall not be limited to, the following purposes:
1. Purchase of equipment;
2. Purchase of drug-sniffing dogs;
3. Matching federal grants or funds;
4. Funding advanced training programs;
5. Funding drug education and awareness programs; and
6. Funding drug courts.
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Expenditures from such fund shall be made upon warrants issued by
the State Treasurer against claims signed by an authorized state
employee and filed as prescribed by law with the Director Chief
Operating Officer of the Office of Management and Enterprise
Services for approval and payment.
SECTION 461. AMENDATORY 63 O.S. 2021, Section 79, is
amended to read as follows:
Section 79. There is hereby created in the State Treasury a
revolving fund to be designated the "Oklahoma Sports Eye Safety
Program Revolving Fund" administered by the State Department of
Health. The fund shall be a continuing fund, not subject to fiscal
year limitations, and shall consist of all the monies received by
the State Department of Health pursuant to the provisions of Section
2368.25 of Title 68 of the Oklahoma Statutes, any other section of
law and any other monies that may be deposited in the fund to
implement the provisions of this act. All monies accruing to the
credit of the fund are appropriated and may be budgeted and expended
by the State Department of Health for the purposes of:
1. Exploring opportunities to utilize nonprofit organizations
to provide sports eye safety information or sports eye safety
equipment to children age eighteen (18) and under; and
2. Establishing a sports eye safety grant program for the
purchase and distribution of sports eye safety programs and
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materials to classrooms in this state and sports eye safety
protective wear to children age eighteen (18) and under.
Expenditures from the fund shall be made upon warrants issued by
the State Treasurer against claims filed as prescribed by law with
the Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment.
SECTION 462. AMENDATORY Section 2, Chapter 271, O.S.L.
2023 (63 O.S. Supp. 2025, Section 330.52a), is amended to read as
follows:
Section 330.52a. A. On November 1, 2023, all employees, powers,
duties, functions, and responsibilities of the Oklahoma State Board
of Examiners for Long-Term Care Administrators shall be transferred
to the State Department of Health. The transfer shall include all
equipment, supplies, records, assets, current and future
liabilities, fund balances, encumbrances, obligations, and
indebtedness associated with the Oklahoma State Board of Examiners
for Long-Term Care Administrators.
B. Any monies accruing to or in the name of the Oklahoma State
Board of Examiners for Long-Term Care Administrators on and after
November 1, 2023, or any monies that accrue in any funds or accounts
or are maintained for the benefit of the Oklahoma State Board of
Examiners for Long-Term Care Administrators on and after November 1,
2023, shall be transferred to the State Department of Health.
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C. The State Department of Health shall succeed to any
contractual rights and responsibilities incurred by the Oklahoma
State Board of Examiners for Long-Term Care Administrators.
D. The Director Chief Operating Officer of the Office of
Management and Enterprise Services is hereby directed to coordinate
the transfer of funds, allotments, purchase orders, and outstanding
financial obligations or encumbrances as provided for in this
section.
E. On November 1, 2023, all administrative rules promulgated by
the Oklahoma State Board of Examiners for Long-Term Care
Administrators shall be transferred to and become a part of the
administrative rules of the State Department of Health. The Office
of Administrative Rules in the Secretary of State’s office shall
provide adequate notice in the Oklahoma Register of the transfer of
such rules and shall place the transferred rules under the Oklahoma
Administrative Code title of the State Department of Health. Such
rules shall continue in force and effect as rules of the State
Department of Health from and after November 1, 2023, and any
amendment, repeal, or addition to the transferred rules shall be
under the jurisdiction of the State Commissioner of Health.
F. The state agency known as the Oklahoma State Board of
Examiners for Long-Term Care Administrators shall be abolished after
all the transfers described in this section have been completed.
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SECTION 463. AMENDATORY Section 1, Chapter 173, O.S.L.
2022 (63 O.S. Supp. 2025, Section 330.98), is amended to read as
follows:
Section 330.98. There is hereby created in the State Treasury a
revolving fund for the Department of Emergency Management and
Homeland Security, to be designated the "Emergency Management
Assistance Compact and Rescue Out of State Deployments Revolving
Fund". The fund shall be a continuing fund, not subject to fiscal
year limitations, and shall consist of all monies deposited to the
credit of the fund by law. All monies accruing to the credit of the
fund are hereby appropriated and may be budgeted and expended by the
Department of Emergency Management and Homeland Security for the
direct reimbursement of participating entities deployed through the
Oklahoma Department of Emergency Management and Homeland Security
that is consistent with the federal Emergency Management Assistance
Compact Guidelines. Expenditures from the fund shall be made upon
warrants issued by the State Treasurer against claims filed as
prescribed by law with the Director Chief Operating Officer of the
Office of Management and Enterprise Services for approval and
payment.
SECTION 464. AMENDATORY Section 1, Chapter 236, O.S.L.
2022 (63 O.S. Supp. 2025, Section 427.3a), is amended to read as
follows:
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Section 427.3a. There is hereby created in the State Treasury a
revolving fund for the Oklahoma Medical Marijuana Authority to be
designated the "County Sheriff Public Safety Grant Revolving Fund".
The fund shall be a continuing fund, not subject to fiscal year
limitations, and shall consist of all monies received by the
Oklahoma Medical Marijuana Authority that are appropriated or
apportioned to this fund, and any federal funds, grants, and
donations from any public or private source for the purpose of
supporting county sheriffs. All monies accruing to the credit of
the fund are hereby appropriated and may be budgeted and expended by
the Oklahoma Medical Marijuana Authority for the purpose of
establishing programs and providing funding to support county
sheriffs to enforce the requirements of state law with respect to
the commercial growth of medical marijuana or other related business
activity for which a license is required pursuant to the provisions
of law governing the production, cultivation, transportation,
distribution, sale, or other actions related to medical marijuana.
Expenditures from the fund shall be made upon warrants issued by the
State Treasurer against claims filed as prescribed by law with the
Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment.
SECTION 465. AMENDATORY Section 5, Chapter 322, O.S.L.
2023 (63 O.S. Supp. 2025, Section 427.3b), is amended to read as
follows:
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Section 427.3b. There is hereby created a petty cash fund for
the Oklahoma Medical Marijuana Authority. The fund shall be used by
the Authority to supply its agents with money for undercover
operations, to perform statutory requirements, and to obtain
evidence for case presentations. The amount of the petty cash fund
shall be determined by the Director Chief Operating Officer of the
Office of Management and Enterprise Services and the Executive
Director of the Oklahoma Medical Marijuana Authority. The Director
Chief Operating Officer of the Office of Management and Enterprise
Services shall be authorized to prescribe forms, systems, and
procedures for the administration of the petty cash fund.
SECTION 466. AMENDATORY 63 O.S. 2021, Section 427.23, as
amended by Section 22, Chapter 251, O.S.L. 2022 (63 O.S. Supp. 2025,
Section 427.23), is amended to read as follows:
Section 427.23. The Executive Director of the Oklahoma Medical
Marijuana Authority, the Oklahoma Tax Commission, the State
Treasurer, the Secretary of State and the Director Chief Operating
Officer of the Office of Management and Enterprise Services shall
promulgate rules to implement the provisions of the Oklahoma Medical
Marijuana and Patient Protection Act.
SECTION 467. AMENDATORY 63 O.S. 2021, Section 485.11, is
amended to read as follows:
Section 485.11. There is hereby created in the State Treasury a
revolving fund for the Oklahoma Cerebral Palsy Commission to be
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designated the "J.D. McCarty Center for Children with Developmental
Disabilities Revolving Fund". The fund shall consist of all monies
received by the Commission pursuant to statutory authority, but not
including appropriated funds, gifts and bequests. The revolving
fund shall be a continuing fund, not subject to fiscal year
limitations and shall be under the control and management of the
administrative authorities of the Commission. Expenditures from the
fund shall be made pursuant to the laws of the state and the
statutes relating to the Commission and may include up to Twenty-
five Thousand Dollars ($25,000.00) in expenditures for capital
improvements within a single fiscal year or as otherwise provided by
the Legislature. Warrants for expenditures from the fund shall be
drawn by the State Treasurer, based on claims signed by an
authorized employee or employees of the Commission and approved for
payment by the Director Chief Operating Officer of the Office of
Management and Enterprise Services.
SECTION 468. AMENDATORY Section 2, Chapter 11, 1st
Extraordinary Session, O.S.L. 2023 (63 O.S. Supp. 2025, Section
683.24B), is amended to read as follows:
Section 683.24B. There is hereby created in the State Treasury
a revolving fund for the Oklahoma Department of Emergency Management
and Homeland Security to be designated the "Emergency Relief and
Impacts Revolving Fund". The fund shall be a continuing fund, not
subject to fiscal year limitations, and shall consist of all monies
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received by the Oklahoma Department of Emergency Management and
Homeland Security from all sources designated by law. All monies
accruing to the credit of said fund are hereby appropriated and may
be budgeted and expended by the Oklahoma Department of Emergency
Management and Homeland Security for the purpose of the Emergency
Relief and Impacts Grant Program. Expenditures from said fund shall
be made upon warrants issued by the State Treasurer against claims
filed as prescribed by law with the Director Chief Operating Officer
of the Office of Management and Enterprise Services for approval and
payment. All expenditures from said fund derived of deposits made
from the Statewide Recovery Fund of the State Treasury created in
Enrolled House Bill No. 3349 of the 2nd Session of the 58th Oklahoma
Legislature, shall be made in accordance with the provisions and
guidance of the American Rescue Plan Act of 2021, Public Law No.
117-2, Section 604.
SECTION 469. AMENDATORY Section 1, Chapter 319, O.S.L.
2024 (63 O.S. Supp. 2025, Section 690.10), is amended to read as
follows:
Section 690.10. A. There is hereby created in the State
Treasury a revolving fund for the Oklahoma Department of Emergency
Management to be designated the "State Assistance Dedicated for
Disaster-impacted Local Economies Revolving Fund". The fund shall
be a continuing fund, not subject to fiscal year limitations, and
shall consist of all monies directed for deposit to the fund. All
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monies accruing to the credit of said fund are hereby appropriated
and may be budgeted and expended by the Oklahoma Department of
Emergency Management for the purpose of providing advanced financial
liquidity to governmental subdivisions directly impacted by events
attributing to a Federal Emergency Management Agency (FEMA) declared
emergency or disaster, provided such governmental subdivision has
entered into a qualifying repayment agreement with the Oklahoma
Department of Emergency Management. Expenditures from said fund
shall be made upon warrants issued by the State Treasurer against
claims filed as prescribed by law with the Director Chief Operating
Officer of the Office of Management and Enterprise Services for
approval and payment.
B. As used in this section:
1. "Advanced financial liquidity" means funding provided to
fund gaps in mitigation of local and county revenue losses and
operating deficits; infrastructure repair and replacement, including
road, sewer, and water facilities; temporary housing and shelter
made necessary by the result of the associated emergency or
disaster; and to fund gaps in required matching funds for
participation in, or the benefit of, programs administered or funded
by the Federal Emergency Management Agency (FEMA); and
2. "Qualifying repayment agreement" means a memorandum of
understanding or legally binding agreement which identifies the
purpose of use for such advanced financial liquidity, and which
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identifies the source of repayment by the governmental subdivision
and a repayment timeline or standard for repayment.
C. The Oklahoma Department of Emergency Management may
promulgate rules as needed to implement the provisions of this
section.
SECTION 470. AMENDATORY 63 O.S. 2021, Section 954, is
amended to read as follows:
Section 954. A. The Board of Medicolegal Investigations is
authorized to accept grants, gifts, fees or funds from persons,
associations, corporations, or foundations for any purpose
authorized by the Board.
B. There is hereby created in the State Treasury a revolving
fund for the Office of the Chief Medical Examiner to be designated
the "Chief Medical Examiner Revolving Fund". The fund shall be a
continuing fund, not subject to fiscal year limitations, and shall
consist of all moneys received from:
1. Laboratory analysis fees pursuant to the provisions of
Section 1313.2 of Title 20 of the Oklahoma Statutes;
2. Grants, gifts, fees or funds from persons, associations,
corporations or foundations pursuant to this section;
3. Document fees pursuant to the Oklahoma Open Records Act,
Section 24A.1 et seq. of Title 51 of the Oklahoma Statutes;
4. Specimen storage and drug screen service fees pursuant to
the provisions of Section 948 of Title 63; and
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5. Cremation, burial at sea or other recognized means of
dissolution permit fees pursuant to Section 1-329.1 of this title.
All monies accruing to the credit of said fund are hereby
appropriated and may be budgeted and expended by the Office of the
Chief Medical Examiner for the duties imposed upon the Board of
Medicolegal Investigations by law. Expenditures from said fund
shall be made upon warrants issued by the State Treasurer against
claims filed as prescribed by law with the Director Chief Operating
Officer of the Office of Management and Enterprise Services for
approval and payment.
SECTION 471. AMENDATORY 63 O.S. 2021, Section 2058, is
amended to read as follows:
Section 2058. All property, records, equipment, supplies,
funds, including trust funds and revolving funds, and other assets,
owned or possessed by the State Department of Health for the East
Central Oklahoma Health and Social Service Center at Ada, Oklahoma,
are hereby transferred on April 7, 1972, to the Office of Public
Affairs. All contracts, leases, agreements, and obligations to
which the State Department of Health is a party for or on behalf of
said Health Center shall be assumed by the Director Chief Operating
Officer of the Office of Management and Enterprise Services for the
benefit of the East Central Oklahoma Health and Social Service
Center at Ada, Oklahoma.
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SECTION 472. AMENDATORY Section 2, Chapter 328, O.S.L.
2023 (63 O.S. Supp. 2025, Section 2065), is amended to read as
follows:
Section 2065. A. There is hereby created in the State Treasury
a revolving fund for the State Department of Health to be designated
the "School Nurse Pilot Program Revolving Fund". The fund shall be
a continuing fund, not subject to fiscal year limitations, and shall
consist of all monies designated for and eligible for deposit under
law. All monies accruing to the credit of said fund are hereby
appropriated and may be budgeted and expended by the State
Department of Health to facilitate the implementation of a pilot
program as described in subsection B of this section including but
not limited to the distribution of such funds through grants
administered by the Department or in coordination with the
Department. Expenditures from said fund shall be made upon warrants
issued by the State Treasurer against claims filed as prescribed by
law with the Director Chief Operating Officer of the Office of
Management and Enterprise Services for approval and payment.
B. The State Department of Health shall utilize funds deposited
to the School Nurse Pilot Program Revolving Fund for the purpose of
implementing a pilot program to deliver school nurse services that
address health, mental health, and social services needs of students
and families to promote the ability for students to have the best
opportunity to learn and be successful in their public school
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district. Such pilot program shall include the following criteria
and limitations:
1. Encompass a contiguous three-county area with no more than
twenty percent (20%) of the area's school districts having
enrollments greater than three thousand (3,000) weighted average
daily membership as calculated by the State Department of Education
the year of the pilot program's inception; and
2. Have consolidated implementation coordinated by a single
nonprofit provider.
C. The State Department of Health may promulgate rules and
adopt policies and procedures as required to administer the
provisions of this section.
SECTION 473. AMENDATORY 63 O.S. 2021, Section 2220.3, as
amended by Section 197, Chapter 282, O.S.L. 2022 (63 O.S. Supp.
2025, Section 2220.3), is amended to read as follows:
Section 2220.3. A. There is hereby created in the State
Treasury a revolving fund for the State Department of Health, to be
designated the "Oklahoma Organ Donor Education and Awareness Program
Revolving Fund". The fund shall be a continuing fund, not subject
to fiscal year limitations, and shall consist of all monies received
by the State Department of Health from:
1. Any state monies appropriated for the purpose of
implementing the provisions of the Oklahoma Organ Donor Education
and Awareness Program Act; and
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2. Any monies collected pursuant to this section or any other
monies available to the State Department of Health to implement the
provisions of the Oklahoma Organ Donor Education and Awareness
Program Act.
B. All monies accruing to the credit of the fund are hereby
appropriated and shall be budgeted and expended to promote and
encourage organ donor education and awareness.
C. Monies credited to the fund, excluding administrative fees
paid to the Oklahoma Tax Commission, may be used for, but are not
limited to:
1. Administration of the Oklahoma Organ Donor Education and
Awareness Program Act;
2. Development and promotion of organ donor public education
and awareness programs in cooperation with the Oklahoma Organ
Sharing Network including, but not limited to, the American Red
Cross and the Oklahoma Lions Eye Bank;
3. To assist in the publication of information pamphlets or
booklets by the State Department of Health and the State
Superintendent of Public Instruction regarding organ donation and
donations to the Oklahoma Organ Donor Education and Awareness
Program Revolving Fund. The State Department of Health shall
distribute such informational pamphlets or booklets to Service
Oklahoma for distribution to applicants for original, renewal, or
replacement driver licenses and identification cards when making a
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voluntary contribution pursuant to Section 2220.5 of this title and
to the Oklahoma Tax Commission for distribution to individuals when
making a voluntary contribution pursuant to the state income tax
check off provided for in Section 2220.4 of this title;
4. Implementation of organ donor education and awareness
programs in the elementary and secondary schools of this state by
the State Department of Education;
5. Grants by the State Department of Health to certified organ
procurement organizations for the development and implementation of
organ donor education and awareness programs in this state;
6. Encouraging the incorporation of organ donor information
into the medical and nursing school curriculums of the state's
medical and nursing schools. If funds are provided to a university
for this educational purpose, the university shall annually evaluate
the extent to which the curriculum has affected the attitudes of its
students and graduates with regard to organ donation and shall
forward the evaluation results to the State Department of Health;
and
7. A reserve fund in an interest-bearing account with five
percent (5%) of the monies received by the fund annually to be
placed in this account. No funds may be expended from the reserve
fund account until the required balance has reached One Hundred
Thousand Dollars ($100,000.00) and then these funds may only be used
in years when donations do not meet the average normal operating fee
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incurred by the fund, and funds are expended to meet expenses. Once
the balance in the reserve fund account reaches One Hundred Thousand
Dollars ($100,000.00), excess funds earned by interest, and yearly
allocations may be used at the discretion of the State Department of
Health to cover operating costs and to provide additional funds.
D. The fund may accept bequests and grants from individuals,
corporations, organizations, associations, and any other source.
The fund supplements and augments services provided by state
agencies and does not take the place of such services.
E. Expenditures from the fund shall be made upon warrants
issued by the State Treasurer against claims filed as prescribed by
law with the Director Chief Operating Officer of the Office of
Management and Enterprise Services for approval and payment.
SECTION 474. AMENDATORY 63 O.S. 2021, Section 2418, is
amended to read as follows:
Section 2418. A. There is hereby imposed a surcharge of five
cents ($0.05) per local exchange telephone access line per month to
pay for the equipment and maintenance program provided for in
Section 2417 of this title and to provide for other needed services
for the deaf, severely hard-of-hearing, severely speech-impaired and
deaf-blind programs administered through the State Department of
Rehabilitation Services, such surcharge to be paid by each local
exchange subscriber to local telephone service in this state, unless
such subscriber is otherwise exempt from taxation.
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B. The surcharge shall be collected on the regular monthly bill
by each local exchange telephone company operating in this state and
shall be remitted quarterly to the Oklahoma Tax Commission no later
than twenty (20) days following the end of each quarter.
C. There is hereby created in the State Treasury the
Telecommunications for the Deaf and Hard-of-Hearing Revolving Fund.
The fund shall consist of monies imposed in subsection A of this
section. All monies accruing to the fund are hereby appropriated
and may be budgeted and expended by the State Department of
Rehabilitation Services. The fund shall be a continuing fund not
subject to fiscal year limitations and expenditures from said fund
shall be made upon warrants issued by the State Treasurer against
claims submitted to the Director Chief Operating Officer of the
Office of Management and Enterprise Services for the purpose of
implementation of this act.
SECTION 475. AMENDATORY 63 O.S. 2021, Section 2869, is
amended to read as follows:
Section 2869. There is hereby created in the State Treasury a
revolving fund for the Oklahoma Department of Emergency Management
to be designated the "Oklahoma 9-1-1 Management Authority Revolving
Fund". The fund shall be a continuing fund, not subject to fiscal
year limitations, and shall consist of all monies received by the
Oklahoma Tax Commission from fees designated for support of 9-1-1
emergency services. All monies accruing to the credit of the fund
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are hereby appropriated and may be budgeted and expended by the
Oklahoma Department of Emergency Management upon approval by the
Oklahoma 9-1-1 Management Authority for the purpose of supporting
the administration of the Authority and providing grants to public
agencies providing 9-1-1 services. Expenditures from the fund shall
be made upon warrants issued by the State Treasurer against claims
filed as prescribed by law with the Director Chief Operating Officer
of the Office of Management and Enterprise Services for approval and
payment.
SECTION 476. AMENDATORY Section 1, Chapter 112, O.S.L.
2023, as amended by Section 1, Chapter 295, O.S.L. 2024 (63 O.S.
Supp. 2025, Section 3278.1), is amended to read as follows:
Section 3278.1. A. There is hereby created in the State
Treasury a revolving fund for the Oklahoma State University Medical
Authority to be designated the "Oklahoma State University Medical
Authority Behavioral Health Workforce Development Fund". The fund
shall be a continuing fund, not subject to fiscal year limitations,
and shall consist of appropriated revenues and private endowments.
All monies accruing to the credit of said fund are hereby
appropriated and may be budgeted and expended by the Oklahoma State
University Medical Authority for the purpose of designing and
implementing a pilot program at behavioral health facilities, the
purpose of which is to provide for behavioral health workforce
development and access to behavioral health professionals as
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provided by law. The purpose of the pilot program includes, but is
not limited to, bed conversion and new beds; renovations at
behavioral health facilities to accommodate new licensed acute or
residential treatment beds; reallocation of beds from adult acute to
child/adolescent acute beds; relocation assistance for licensed
behavioral health staff currently living out of state; upskilling
existing behavioral health workforce; adding new psychiatric and
psychological residencies, internships and post-doctoral training
programs; providing social work scholarships; providing mental
health nursing scholarships; creating one-time private-sector
workforce innovation grants; providing licensure preparation
assistance; and creating a behavioral health trauma fund for
intensive home and community-based services. Expenditures from the
fund shall be made upon warrants issued by the State Treasurer
against claims filed as prescribed by law with the Director Chief
Operating Officer of the Office of Management and Enterprise
Services for approval and payment.
B. There is hereby created in the State Treasury a revolving
fund for the University Hospitals Authority to be designated the
"University Hospitals Authority Behavioral Health Workforce
Development Fund". The fund shall be a continuing fund, not subject
to fiscal year limitations, and shall consist of appropriated
revenues and private endowments. All monies accruing to the credit
of said fund are hereby appropriated and may be budgeted and
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expended by the University Hospitals Authority for the purpose of
designing and implementing a pilot program at behavioral health
facilities, the purpose of which is to provide for behavioral health
workforce development and access to behavioral health professionals
as provided by law. The purpose of the pilot program includes, but
is not limited to, bed conversion and new beds; renovations at
behavioral health facilities to accommodate new licensed acute or
residential treatment beds; reallocation of beds from adult acute to
child/adolescent acute beds; relocation assistance for licensed
behavioral health staff currently living out of state; upskilling
existing behavioral health workforce; adding new psychiatric and
psychological residencies, internships and post-doctoral training
programs; providing social work scholarships; providing mental
health nursing scholarships; creating one-time private-sector
workforce innovation grants; providing licensure preparation
assistance; and creating a behavioral health trauma fund for
intensive home and community-based services. Expenditures from the
fund shall be made upon warrants issued by the State Treasurer
against claims filed as prescribed by law with the Director Chief
Operating Officer of the Office of Management and Enterprise
Services for approval and payment.
C. The Oklahoma State University Medical Authority and the
University Hospitals Authority shall prepare a report for the
Legislature on the results of the first year of funding, including
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the number of professionals retained and recruited, and the expected
benefits of the program. The report shall be delivered to relevant
health care committee and appropriations subcommittee chairs
following the first full year of implementation.
SECTION 477. AMENDATORY Section 4, Chapter 386, O.S.L.
2025 (63 O.S. Supp. 2025, Section 3294), is amended to read as
follows:
Section 3294. There is hereby created in the State Treasury a
revolving fund for the Oklahoma State University Medical Trust to be
designated the "Emergency Medicine Revolving Fund". The fund shall
be a continuing fund, not subject to fiscal year limitations, and
shall consist of all monies received by the Oklahoma State
University Medical Trust from appropriations. All monies accruing
to the credit of said fund are hereby appropriated and may be
budgeted and expended by the Oklahoma State University Medical Trust
for the purpose of training students within an American College of
Surgeons Level I Trauma Center or centers operated by the Oklahoma
State University Medical Trust or an affiliated entity approved by
the Trust. Expenditures from said fund shall be made upon warrants
issued by the State Treasurer against claims filed as prescribed by
law with the Director Chief Operating Officer of the Office of
Management and Enterprise Services for approval and payment.
SECTION 478. AMENDATORY 63 O.S. 2021, Section 4236, is
amended to read as follows:
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Section 4236. There is hereby created in the State Treasury a
revolving fund for the Department of Public Safety to be designated
the "Boating Safety Education Fund". The fund shall be a continuing
fund, not subject to fiscal year limitations, and shall consist of
fine monies collected pursuant to Section 4235 of this title and any
monies contributed to the fund from any other source. All monies
accruing to the credit of such fund are hereby appropriated and
shall be budgeted and expended by the Department for the exclusive
purposes of establishing and maintaining a boating safety education
program throughout the State of Oklahoma. Expenditures from such
fund shall be made upon warrants issued by the State Treasurer
against claims filed as prescribed by law with the Director Chief
Operating Officer of the Office of Management and Enterprise
Services for approval and payment.
SECTION 479. AMENDATORY 63 O.S. 2021, Section 5003, as
amended by Section 1, Chapter 123, O.S.L. 2024 (63 O.S. Supp. 2025,
Section 5003), is amended to read as follows:
Section 5003. A. The Legislature recognizes that the state is
a major purchaser of health care services, and the increasing costs
of such health care services are posing and will continue to pose a
great financial burden on the state. It is the policy of the state
to provide comprehensive health care as an employer to state
employees and officials and their dependents and to those who are
dependent on the state for necessary medical care. It is imperative
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that the state develop effective and efficient health care delivery
systems and strategies for procuring health care services in order
for the state to continue to purchase the most comprehensive health
care possible.
B. It is therefore incumbent upon the Legislature to establish
the Oklahoma Health Care Authority whose purpose shall be to:
1. Purchase Medicaid benefits;
2. Study all state-purchased and state-subsidized health care,
alternative health care delivery systems and strategies for the
procurement of health care services in order to maximize cost
containment in these programs while ensuring access to quality
health care;
3. Make recommendations aimed at minimizing the financial
burden which health care poses for the state, its employees and its
charges, while at the same time allowing the state to provide the
most comprehensive health care possible; and
4. Administer the state-sponsored health and dental benefits
plans known as HealthChoice and life insurance plans in accordance
with the Oklahoma Employees Insurance and Benefits Act and the State
Employees Flexible Benefits Act. The Office of Management and
Enterprise Services shall cause the transfer of all necessary
assets, data, records, and personnel necessary for the
administration of HealthChoice not later than the effective date of
this act.
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SECTION 480. AMENDATORY 63 O.S. 2021, Section 5016, is
amended to read as follows:
Section 5016. There is hereby created in the State Treasury a
revolving fund for the Oklahoma Health Care Authority to be
designated the "Oklahoma Health Care Authority Revolving Fund". The
fund shall be a continuing fund, not subject to fiscal year
limitations, and shall consist of all monies received by the
Authority, from any source. All monies accruing to the credit of
said fund are hereby appropriated and may be budgeted and expended
by the Authority for any purpose authorized by law. Expenditures
from said fund shall be made upon warrants issued by the State
Treasurer against claims filed as prescribed by law with the
Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment.
SECTION 481. AMENDATORY 63 O.S. 2021, Section 5017, is
amended to read as follows:
Section 5017. There is hereby created in the State Treasury a
fund for the Oklahoma Health Care Authority to be designated the
"Oklahoma Health Care Authority Federal Disallowance Fund". The
fund shall be a continuing fund, not subject to fiscal year
limitations. It shall consist of monies received by the Oklahoma
Health Care Authority which, in the opinion of the Oklahoma Health
Care Authority Board, may be subject to federal disallowances and
interest which may accrue on said receipts. All monies accruing to
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the credit of said fund are hereby appropriated and may be budgeted
and expended by the Oklahoma Health Care Authority at the discretion
of the Oklahoma Health Care Authority Board for eventual settlement
of the appropriate pending disallowances. Expenditures from said
fund shall be made upon warrants issued by the State Treasurer
against claims filed as prescribed by law with the Director Chief
Operating Officer of the Office of Management and Enterprise
Services for approval and payment.
The Administrator of the Oklahoma Health Care Authority may
request the Director Chief Operating Officer of the Office of
Management and Enterprise Services to transfer monies between the
Oklahoma Health Care Authority Federal Disallowance Fund and any
other fund of the authority, as needed for the expenditure of funds.
SECTION 482. AMENDATORY 63 O.S. 2021, Section 5020, is
amended to read as follows:
Section 5020. There is hereby created in the State Treasury a
fund for the Oklahoma Health Care Authority to be designated the
"Oklahoma Health Care Authority Medicaid Program Fund". The fund
shall be a continuing fund, not subject to fiscal year limitations.
All monies accruing to the credit of said fund are hereby
appropriated and may be budgeted and expended by the Oklahoma Health
Care Authority at the discretion of the Oklahoma Health Care
Authority Board. Expenditures from said fund shall be made upon
warrants issued by the State Treasurer against claims filed as
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prescribed by law with the Director Chief Operating Officer of the
Office of Management and Enterprise Services for approval and
payment.
The Administrator of the Oklahoma Health Care Authority may
request the Director Chief Operating Officer of the Office of
Management and Enterprise Services to transfer monies between the
Oklahoma Health Care Authority Medicaid Program Fund and any other
fund of the Authority, as needed for the expenditure of funds.
SECTION 483. AMENDATORY 63 O.S. 2021, Section 5020A, as
amended by Section 1, Chapter 468, O.S.L. 2025 (63 O.S. Supp. 2025,
Section 5020A), is amended to read as follows:
Section 5020A. A. There is hereby created in the State
Treasury a fund for the Oklahoma Health Care Authority to be
designated the "Rate Preservation Fund". The fund shall be a
continuing fund, not subject to fiscal year limitations, and shall
consist of monies designated to the fund by law. All monies
accruing to the credit of the fund are hereby appropriated and may
be budgeted and expended by the Authority for the purposes described
in subsection B of this section. Expenditures from the fund shall
be made upon warrants issued by the State Treasurer against claims
filed as prescribed by law with the Director Chief Operating Officer
of the Office of Management and Enterprise Services for approval and
payment. The Administrator of the Authority may request the
Director Chief Operating Officer of the Office of Management and
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Enterprise Services to transfer monies between the Rate Preservation
Fund and any other fund of the Authority as needed for the
expenditure of funds.
B. The Oklahoma Health Care Authority is authorized to budget
and expend monies from the Rate Preservation Fund as follows:
1. For maintaining reimbursement rates to providers in the
event of a decrease in the state's Federal Medical Assistance
Percentage rate; and
2. Subject to the approval of the Director Chief Operating
Officer of the Office of Management and Enterprise Services, the
Oklahoma Health Care Authority may transfer up to one-third (1/3) of
the balance of the Rate Preservation Fund in any given state fiscal
year to other funds of the Authority to meet cash flow needs of the
state's Medicaid program, so long as the monies are transferred back
to the Rate Preservation Fund prior to the end of the state fiscal
year in which they were originally transferred.
SECTION 484. AMENDATORY 63 O.S. 2021, Section 5061.2, is
amended to read as follows:
Section 5061.2. A. There is hereby created in the State
Treasury a revolving fund for the Oklahoma Health Care Authority to
be designated the "I/T/U Shared Savings Revolving Fund". The fund
shall be a continuing fund, not subject to fiscal year limitations,
and shall consist of all monies received by the Authority pursuant
to this act and otherwise specified or authorized by law.
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All monies accruing to the credit of the fund are hereby
appropriated and shall be budgeted and expended by the Authority to
increase Medicaid provider rates, unless otherwise provided by law.
Expenditures from the fund shall be made upon warrants issued by the
State Treasurer against claims filed as prescribed by law with the
Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment.
B. An annual report shall be prepared by the Authority's Chief
Financial Officer and shall be submitted to the Governor, the
President Pro Tempore of the Senate and the Speaker of the House of
Representatives no later than thirty (30) days following the end of
each State Fiscal Year. The annual report shall account for:
1. The savings realized by the Authority as a result of the
I/T/U Shared Savings Program;
2. The administrative costs incurred by the Authority as a
result of the I/T/U Shared Savings Program;
3. The monies distributed to participating I/T/U facilities as
a result of I/T/U Shared Savings Program including, but not limited
to, a summary of all specific distributions;
4. The balance of savings realized by the Authority as a result
of the I/T/U Shared Savings Program and accruing to the credit of
the fund after payment of administrative costs and distributions to
participating I/T/U facilities; and
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5. The monies expended on increasing Medicaid provider rates
including, but not limited to, identification of the types of
providers affected and the percentage by which the providers' rates
were increased.
SECTION 485. AMENDATORY 64 O.S. 2021, Section 1036, is
amended to read as follows:
Section 1036. The accounts and records of the Land Office shall
annually have an audit conducted in accordance with auditing
standards generally accepted in the United States of America and the
standards applicable to financial audits contained in the
"Government Auditing Standards", issued by the Comptroller General
of the United States, by an independent Oklahoma certified public
accountant. The Secretary of the Land Office is authorized to
contract for the audits required pursuant to this section. Copies
of the audits shall be filed with the Governor, the Commissioners of
the Land Office, the State Senate, the House of Representatives, the
State Auditor and Inspector, and the Director Chief Operating
Officer of the Office of Management and Enterprise Services in
accordance with the requirements set forth for financial statement
audits in Section 212A of Title 74 of the Oklahoma Statutes.
SECTION 486. AMENDATORY 64 O.S. 2021, Section 1078, is
amended to read as follows:
Section 1078. The State Treasurer shall apportion the income
derived from the "Section Thirteen Fund State Educational
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Institutions" among the educational institutions entitled thereto,
in accordance with the division and distribution made in Section 1,
of Article 11, Chapter 34, Session Laws of 1907-1908, entitled "An
Act to provide for the division and distribution of the income,
rentals, interest, and proceeds from certain lands among certain
educational institutions, and making appropriations of such fund in
pursuance thereof, designating a name by which such fund shall
hereafter be known, and declaring an emergency"; and shall likewise
apportion the income derived from the "New College Fund" to the
educational institutions entitled thereto, in accordance with
Section 1, Article 5, Chapter 28, Session Laws of 1909, entitled "An
Act to provide for making available to various educational
institutions the income, interest, rentals, and proceeds from
certain lands, and making appropriations of such funds; designating
a name by which such fund shall hereafter be known and declaring an
emergency". The Director Chief Operating Officer of the Office of
Management and Enterprise Services shall notify the chairman of the
board having control of each of said educational institutions, and
the president of each of said institutions, of the amount
apportioned to it. The amount so apportioned to each educational
institution shall, immediately after each successive apportionment,
become available and are hereby appropriated for the use of the
respective institutions, and shall be paid out in accordance with
the law.
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SECTION 487. AMENDATORY 65 O.S. 2021, Section 2-107, is
amended to read as follows:
Section 2-107. There is hereby created in the State Treasury a
revolving fund for the Oklahoma Department of Libraries, to be
designated the "Oklahoma Local Library Support Revolving Fund". The
fund shall be a continuing fund, not subject to fiscal year
limitations, and shall consist of all monies received by the
Oklahoma Department of Libraries from state appropriations
designated specifically for deposit in this fund for purposes as
specified in this act and from any other sources provided for by
law. All monies accruing to the credit of said fund are hereby
appropriated and may be budgeted and expended by the Oklahoma
Department of Libraries for the purpose of providing convenient
library service or access to library service for all citizens of
Oklahoma. In administering the fund the Department of Libraries
shall encourage existing public libraries to cooperatively share
library resources by:
1. Extending or establishing public library services in
unserved county areas or contracting for services with existing
Oklahoma Department of Libraries certified municipal public
libraries, other certified public libraries, library districts, or
library systems; and
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2. Strengthening existing Oklahoma Department of Libraries
certified municipal public libraries, other certified public
libraries, library districts, and library systems.
The Oklahoma Department of Libraries Board shall establish a
formula for the equitable apportionment of monies to counties
applying and qualifying for such funds pursuant to the provisions of
this act.
Expenditures from said fund shall be made upon warrants issued
by the State Treasurer against claims filed as prescribed by law
with the Director Chief Operating Officer of the Office of
Management and Enterprise Services for approval and payment.
SECTION 488. AMENDATORY 65 O.S. 2021, Section 4-107.1,
is amended to read as follows:
Section 4-107.1. There is hereby created in the State Treasury
a revolving fund for the Oklahoma Department of Libraries to be
designated the "Oklahoma Local Library Capital Revolving Fund". The
fund shall be a continuing fund not subject to fiscal year
limitations and shall consist of monies received by the Oklahoma
Department of Libraries from state appropriations, federal funds or
from any other appropriate sources. All monies accruing to the
credit of said fund are hereby appropriated and may be budgeted and
expended by the Oklahoma Department of Libraries for the purpose of
providing capital grants to public libraries within the state.
Capital grants made pursuant to this section shall not be made to
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systems within counties with a population of five hundred thousand
(500,000) or more. Expenditures from said fund shall be made upon
warrants issued by the State Treasurer against claims filed as
provided by law with the Director Chief Operating Officer of the
Office of Management and Enterprise Services for approval and
payment.
The Oklahoma Department of Libraries shall establish guidelines
for the equitable apportionment of monies to public libraries
applying for such grants.
SECTION 489. AMENDATORY 67 O.S. 2021, Section 206, as
amended by Section 2, Chapter 17, O.S.L. 2024 (67 O.S. Supp. 2025,
Section 206), is amended to read as follows:
Section 206. A. The head of each agency shall:
1. Establish and maintain an active, continuing program for the
economical and efficient management of the records of the agency;
2. Make and maintain records containing adequate and proper
documentation of the organization, functions, policies, decisions,
procedures and essential transactions of the agency designed to
furnish information to protect the legal and financial rights of the
state and of persons directly affected by the agency's activities;
3. Submit to the State Records Administrator, in accordance
with the standards established by the Administrator, schedules
proposing the length of time each state record series warrants
retention for administrative, legal or fiscal purposes after it has
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been created or received by the agency. The head of each agency
also shall submit lists of state records in the custody of the head
of the agency that are not needed in the transaction of current
business and that do not have sufficient administrative, legal or
fiscal value to warrant their further keeping for disposal in
conformity with the requirements of Section 210 of this title;
4. Cooperate with the Administrator in the conduct of surveys
made by the Administrator pursuant to the provisions of this act;
and
5. Comply with the rules, regulations, standards and procedures
issued by the Administrator.
B. Confidential health, life, disability and dental claims or
related files of the Employees Group Insurance Division of the
Office of Management and Enterprise Services shall be exempt from
this act.
SECTION 490. AMENDATORY 68 O.S. 2021, Section 113, as
last amended by Section 69, Chapter 171, O.S.L. 2025 (68 O.S. Supp.
2025, Section 113), is amended to read as follows:
Section 113. A. There is hereby created in the State Treasury a
revolving fund for the Oklahoma Tax Commission to be known as the
“Tax Commission Reimbursement Fund”. The revolving fund shall
consist of any funds received by the Tax Commission for data
processing services or equipment rental and any funds received by
the Tax Commission from any incorporated city, town, or county
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pursuant to a contractual agreement for the augmentation of the
enforcement and collection of municipal or county taxes entered into
pursuant to the provisions of Sections 1371 or 2702 of this title.
The Tax Commission is authorized to hire full-time-equivalent
employees as necessary to perform such duties as to fulfill
contractual agreements authorized pursuant to Sections 1371 and 2702
of this title, however, such employees hired to perform such
contractual duties shall be supported solely by funds in the Tax
Commission Reimbursement Fund which are collected by the Tax
Commission from incorporated cities, towns, and counties pursuant to
such contractual agreements and such employees shall be terminated
upon the discontinuation of such funds or inadequate funds to
support such positions. Such full-time-equivalent employees shall
be in the unclassified service and shall not be subject to any
provisions of the Oklahoma Personnel Act or to the Merit Rules for
Employment except leave regulations. All fees collected and
apportioned to this fund may be used by the Oklahoma Tax Commission
for capital expenditures as authorized by the Oklahoma State
Legislature. For the fiscal year beginning July 1, 2004,
disbursements from the fund shall be exempt from all agency budget
limits.
B. Notwithstanding any other provision in the Oklahoma Statutes
except subsection F of Section 316 and subsection D of Section 418
of this title, beginning July 1, 2009, all revenue from fees and
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penalties collected pursuant to Sections 304, 316, 415 and 418 of
this title shall be apportioned to the Tax Commission Reimbursement
Fund for administrative expenses incurred in connection with
enforcement of the provisions of Section 301 et seq., Section 346 et
seq., Section 401 et seq. and Section 424 et seq. of this title.
SECTION 491. AMENDATORY 68 O.S. 2021, Section 117, is
amended to read as follows:
Section 117. The Oklahoma Tax Commission, upon request, shall
provide the Office of Management and Enterprise Services, the
Oklahoma State Senate and the Oklahoma House of Representatives
electronic access to any aggregate data and reports used by the
Oklahoma Tax Commission in developing revenue estimates and economic
forecasts. The aggregate data and reports which will be made
accessible pursuant to the provisions of this section shall not
include any records or other information required by law to be kept
confidential.
SECTION 492. AMENDATORY 68 O.S. 2021, Section 118, as
amended by Section 35, Chapter 310, O.S.L. 2023 (68 O.S. Supp. 2025,
Section 118), is amended to read as follows:
Section 118. A. Upon receipt of a written request from a member
or employee of the Legislature, the Oklahoma Tax Commission shall
provide:
1. A written estimate of the revenue gain or loss to the state
as a result of an actual or proposed change to any state tax law
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within the implementation, enforcement and collection duties and
responsibilities of the Tax Commission; provided, upon request of a
legislative member or staff, Service Oklahoma shall be responsible
for furnishing written estimates of revenue gains or losses
attributable to current or proposed amendments to any state law
under its statutorily assigned functions and responsibilities;
2. A written statement of the Tax Commission's recommendation
to the State Board of Equalization as to the change in the amount
certified as available for appropriation by the Legislature as a
result of an actual or proposed change to a state tax law; and
3. A written statement outlining all analysis and methodology
provided by or made available by the Tax Commission to the State
Board of Equalization for the purpose of influencing or serving as
the basis for an official action of the State Board of Equalization.
The Tax Commission shall provide such estimate and statement
within two (2) weeks of the date the request was received unless the
member or employee of the Legislature specifies an earlier date.
B. On or after December 31, 2009, and subject to the
availability of funds, the Tax Commission shall develop the
estimates and statements required by subsection A of this section
utilizing a dynamic revenue estimating model. Such model shall take
into consideration changes in economic activity as a result of the
proposed legislation and consequent revenue gains or losses due to
factors such as taxpayer behavior, employment and business
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investment. The Tax Commission may, subject to the laws of this
state relating to confidentiality of information, contract with
institutions of higher education in this state or other entities to
perform its duties as set forth in this subsection. The Tax
Commission is authorized to promulgate rules to carry out the
implementation of this section.
C. For the purpose of providing an annual forecast of gross
production tax revenues from the production of natural and
casinghead gas to the Office of Management and Enterprise Services,
the Tax Commission shall subscribe to appropriate reference
materials which provide economic outlook of future gas prices that
have most closely followed the historical trend of Oklahoma gas
prices. To determine the average differential between the published
forecasted prices and Oklahoma gas prices, the Tax Commission shall
compare prices in at least twenty-four (24) of the immediate thirty-
six (36) previous months of production. The Tax Commission shall
utilize the procedures provided herein to forecast the collection of
gross production tax revenues from the production of natural and
casinghead gas for the fiscal year beginning July 1, 2005, and each
fiscal year thereafter.
SECTION 493. AMENDATORY 68 O.S. 2021, Section 205.6, as
amended by Section 1, Chapter 295, O.S.L. 2025 (68 O.S. Supp. 2025,
Section 205.6), is amended to read as follows:
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Section 205.6. A. The Oklahoma Tax Commission shall prepare and
maintain a list of all taxpayers who have claimed any tax credit
authorized by any provisions of state law and related to a tax
administered by the Tax Commission. The Office of Management and
Enterprise Services shall cause the list to be posted on the
Internet through the Taxpayer Transparency Act website in a format
which is searchable and can be exported in raw data form.
The Office of Management and Enterprise Services shall include
the name of each taxpayer who claimed a credit, the amount of such
credit and the specific statutory provision under which the credit
was claimed. The Internet list shall be updated not less than
monthly. The list shall include the identity of all taxpayers or
organizations having any part in the chain of custody or claim to
the credit or credits at any time during the credit’s existence from
the initial time the credit is earned, through the time that the
credit is claimed on a tax return.
B. For the purposes of this section, “tax credit” means a
credit against tax liability that is a credit administered by the
Tax Commission, excluding credits authorized under Section 28-101 of
Title 70 of the Oklahoma Statutes and paragraphs 1 and 2 of
subsection B of Section 2357, Section 2357.4, and Sections 2357.29
and 2357.43 of this title.
C. In addition to the disclosure required by subsection A of
this section, for any tax credit that may be claimed by any person
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or any lawfully recognized business entity pursuant to the
provisions of Sections 2357.62, 2357.63, 2357.73, and 2357.74 of
this title, the Oklahoma Tax Commission shall maintain a list of any
person and any such entity that may be able to claim any such credit
as a result of the allocation of tax credits based upon the pass-
through federal income tax treatment applicable to the entity that
makes a qualified investment, as such term is defined by paragraph 6
of Section 2357.61 of this title and paragraph 7 of Section 2357.72
of this title, in either a qualified small business capital company
or a qualified rural small business capital company. For purposes
of this subsection, the Tax Commission shall determine the identity
of such persons and legal entities as of the December 31 date of the
calendar year during which the qualified investment is made.
D. Upon the effective date of this act, information on
taxpayers claiming the tax credits authorized under Section 28-101
of Title 70 of the Oklahoma Statutes shall be removed from the list
maintained and posted online pursuant to subsection A of this
section.
SECTION 494. AMENDATORY 68 O.S. 2021, Section 238.2, as
amended by Section 1, Chapter 393, O.S.L. 2022 (68 O.S. Supp. 2025,
Section 238.2), is amended to read as follows:
Section 238.2. A. It is the intent of the Legislature that the
provisions of this section operate to provide for the collection of
income taxes due to the State of Oklahoma by state employees in a
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manner that will maximize flexibility for state employees to pay any
such taxes due while minimizing disruption to operations of state
agencies. It is the further intent of the Legislature that the
Oklahoma Tax Commission provide notice to state employees pursuant
to the provisions of subsection C of this section and that the Tax
Commission provide such notice to state employees at least six (6)
months prior to notification of noncompliance to a state agency.
B. The Office of Management and Enterprise Services shall, not
later than August 1, 2003, and August 1 of each year thereafter,
provide to the Tax Commission a list of all state employees as of
the preceding July 1 and such identifying information as may be
required by the Tax Commission. Such list and information shall be
used by the Tax Commission exclusively for the purpose of collection
of income taxes due to the State of Oklahoma. The provisions of any
laws making information confidential shall not apply with respect to
information supplied to the Tax Commission pursuant to the
provisions of this section; provided, such information shall be
subject to the provisions of Section 205 of this title.
C. The Tax Commission shall, not later than November 1, 2003,
and November 1 of each year thereafter, notify any state employee
who is not in compliance with the income tax laws of this state.
Such notification shall include:
1. A statement that the employee will be subject to
disciplinary action by the appointing authority unless the taxpayer
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is deemed by the Tax Commission to be in compliance with the income
tax laws of this state;
2. The reasons that the taxpayer is considered to be out of
compliance with the income tax laws of this state, including a
statement of the amount of any tax, penalties and interest due or a
list of the tax years for which income tax returns have not been
filed as required by law;
3. An explanation of the rights of the taxpayer and the
procedures which must be followed by the taxpayer in order to come
into compliance with the income tax laws of this state;
4. Notification that a percentage of wages may be subject to
garnishment; and
5. Such other information as may be deemed necessary by the Tax
Commission.
D. A state employee who has entered into and is abiding by a
payment agreement, or who has requested relief as an innocent spouse
which is pending or has been granted, shall be deemed to be in
compliance with the state income tax laws for purposes of this
section.
E. If the Tax Commission notifies a state employee who is not
in compliance with the income tax laws of this state as required in
this section and such state employee does not respond to such
notification or fails to come into compliance with the income tax
laws of this state or after the Tax Commission determines that every
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reasonable effort has been made to assist the state employee to come
into compliance with the income tax laws of this state, the Tax
Commission, notwithstanding the provisions of Section 205 of this
title, shall so notify the appointing authority, which shall
commence disciplinary action with respect to the state employee and
shall notify the state employee of the reason for such action. Such
employee may have a certain percentage of wages garnished by the Tax
Commission until such time as the employee is in compliance with the
income tax laws of this state pursuant to the provisions of Section
254 of this title. If a state employee who has been previously
reported by the Tax Commission to a state agency as being out of
compliance comes into compliance, the Tax Commission shall
immediately notify the appointing authority. Neither a state agency
nor an appointing authority shall be held liable for any action with
respect to a state employee pursuant to the provisions of this
section.
F. The Tax Commission shall promulgate rules for the
implementation of the provisions of this section.
G. As used in this section:
1. "State agency" means any office, department, board,
commission or institution of the executive, legislative or judicial
branch of state government;
2. "Employee" or "state employee" means an appointed officer or
employee of a state agency; provided, the term employee or state
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employee shall not include an elected official or an employee of a
local governmental entity; and
3. "Appointing authority" means the chief administrative
officer of a state agency.
SECTION 495. AMENDATORY 68 O.S. 2021, Section 263, is
amended to read as follows:
Section 263. A. If any tax warrant or certificate remains
outstanding and unpaid, the Tax Commission may issue an order
attaching the sums due or to become due, up to the amount of the
liability upon such tax warrant or certificate, upon any contract
between the taxpayer named in such tax warrant or certificate and
the State of Oklahoma or any department, board, institution,
commission or agency thereof, for the furnishing of any services,
goods, merchandise, supplies, materials or equipment for which
payment is made upon claims approved by the Office of Management and
Enterprise Services.
B. A certified copy of the attachment order shall be delivered
to the Director Chief Operating Officer of the Office of Management
and Enterprise Services and notice of such attachment shall be
mailed to the taxpayer at the taxpayer's last-known address.
C. From and after receipt of the attachment order, the Director
Chief Operating Officer of the Office of Management and Enterprise
Services shall not pay nor shall the State Treasurer issue any check
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or warrant for payment to the taxpayer for the sums or funds so
attached without a written release from the Tax Commission.
D. The attachment orders issued by the Tax Commission shall
continue in force until released by the Tax Commission. The Tax
Commission may issue subsequent or successive attachment orders,
which shall be cumulative.
E. If the taxpayer fails within thirty (30) days after his
claim upon such contract, or contracts if there are more than one,
has been initially received by the Director Chief Operating Officer
of the Office of Management and Enterprise Services, or within
thirty (30) days after the mailing of notice of such attachment,
whichever is later, to obtain and file with the Director Chief
Operating Officer of the Office of Management and Enterprise
Services a release executed by the Tax Commission, the Director
Chief Operating Officer of the Office of Management and Enterprise
Services shall authorize the payment to the Tax Commission of the
sums or funds attached, or so much thereof as have been certified
for payment pursuant to procedures prescribed by the Director Chief
Operating Officer of the Office of Management and Enterprise
Services. Such payments to the Tax Commission shall be credited
against the liability on the tax warrant or certificate, and shall
constitute to the extent thereof, payment by the state, department,
board, institution, commission or agency to the taxpayer upon such
contract.
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F. The Tax Commission may release funds from the claims or
contracts attached to effectuate payment of the liability on such
tax warrant or certificate or to protect the interest of the state,
and shall release the funds attached within thirty (30) days of full
payment of such liability.
G. The provisions of this section shall not apply to payroll
claims of or on behalf of employees of this state.
H. No person, firm or corporation that is delinquent in the
reporting or paying of any tax due under the laws of this state
shall be registered as a vendor under the provisions of Section
85.33 of Title 74 of the Oklahoma Statutes, nor included on the
approved bidder lists maintained by the Purchasing Division of the
Office of Management and Enterprise Services.
SECTION 496. AMENDATORY 68 O.S. 2021, Section 265, as
amended by Section 1, Chapter 260, O.S.L. 2024 (68 O.S. Supp. 2025,
Section 265), is amended to read as follows:
Section 265. A. There is hereby created in the State Treasury
a fund for the Oklahoma Tax Commission to be known as the “Oklahoma
Tax Commission and Office of Management and Enterprise Services
Joint Computer Enhancement Fund”. The fund shall be a continuing
fund, not subject to fiscal year limitations, and shall consist of
all monies deposited to the fund pursuant to law. All monies
accruing to the credit of such fund are hereby appropriated and may
be budgeted and expended for the purposes authorized by subsection B
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of this section. Expenditures from such fund shall be made upon
warrants issued by the State Treasurer against claims filed as
prescribed by law with the Director Chief Operating Officer of the
Office of Management and Enterprise Services for approval and
payment.
B. Monies in the Oklahoma Tax Commission and Office of
Management and Enterprise Services Joint Computer Enhancement Fund
shall be expended for the following purposes:
1. To make payments on an agreement authorized by Section 5,
Chapter 278, O.S.L. 2008;
2. To make payments for the information technology acquisitions
to support the responsibilities of the Oklahoma Tax Commission;
3. To make payments authorized by Section 34.33 of Title 62 of
the Oklahoma Statutes; and
4. To the extent not needed for the above-listed purposes to be
expended on other projects as specifically authorized by the
Legislature.
C. Notwithstanding any other provision of law, there shall be
apportioned to the Oklahoma Tax Commission and Office of Management
and Enterprise Services Joint Computer Enhancement Fund from the
monies that would otherwise be apportioned by Section 2352 of this
title, the revenue received as a result of any contracts entered
into by the Oklahoma Tax Commission pursuant to Section 264 of this
title.
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D. The Tax Commission is hereby authorized to deposit to the
credit of the Oklahoma Tax Commission and Office of Management and
Enterprise Services Joint Computer Enhancement Fund any monies in
excess of the amounts necessary to pay all claims presented to its
cash security reserve fund. When monies are deposited to the credit
of the Computer Enhancement Fund, the right of any person to present
a claim for refund of a cash security shall be preserved and the
value thereof shall be paid from the cash security reserve fund.
E. For the fiscal year beginning July 1, 2015, and thereafter a
portion of the revenue apportioned to the Oklahoma Tax Commission
and Office of Management and Enterprise Services Joint Computer
Enhancement Fund pursuant to Sections 1353, 1403 and 2352 of this
title shall be credited to the Oklahoma Tax Commission, in an amount
which is equal to the sum of one-half of one percent (0.5%) of gross
collections of sales and use tax levied by counties of this state
pursuant to Section 1370 of this title and one-half of one percent
(0.5%) of sales and use tax levied by municipalities of this state
pursuant to Section 2701 of this title.
SECTION 497. AMENDATORY 68 O.S. 2021, Section 270, is
amended to read as follows:
Section 270. A. Notwithstanding any other provisions of this
section, the Oklahoma Tax Commission shall, upon request of any
taxpayer or the taxpayer's authorized agent, representative or
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attorney, provide certification in writing of qualification for the
credits in the following sections of law:
1. Section 2357.7 of this title;
2. Section 2357.11 of this title;
3. Section 2357.32A of this title;
4. Section 2357.41 of this title; and
5. Section 2357.42 of this title.
B. On or before November 1 of each year subsequent to the
effective date of this section, the Oklahoma Tax Commission shall
file a report with the Speaker of the Oklahoma House of
Representatives, the President Pro Tempore of the State Senate and
the Director Chief Operating Officer of the Office of Management and
Enterprise Services, stating the amount of credits claimed and
allowed.
SECTION 498. AMENDATORY 68 O.S. 2021, Section 305.2, is
amended to read as follows:
Section 305.2. There is hereby created in the State Treasury a
revolving fund for the Office of the Attorney General. The fund
shall be a continuing fund, not subject to fiscal year limitations,
and shall consist of all monies received by the Office of the
Attorney General pursuant to the provisions of Sections 305, 316,
417 and 418 of this title. All monies accruing to the credit of the
fund are hereby appropriated and may be budgeted and expended by the
Office of the Attorney General. Expenditures from the fund shall be
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made upon warrants issued by the State Treasurer against claims
filed as prescribed by law with the Director Chief Operating Officer
of the Office of Management and Enterprise Services for approval and
payment.
SECTION 499. AMENDATORY 68 O.S. 2021, Section 400.6, is
amended to read as follows:
Section 400.6. A. There is hereby created in the State
Treasury a revolving fund for the Oklahoma Tax Commission, to be
designated the "Tobacco Products Tax Enforcement Unit Revolving
Fund". The fund shall be a continuing fund, not subject to fiscal
limitations, and shall consist of any monies designated to the fund
by law. All monies accruing to the credit of said fund are hereby
appropriated and may be budgeted and expended by the Commission for
the purposes of enforcing the provisions of the Tobacco Products Tax
Enforcement Act of 2021. Expenditures from said fund shall be made
upon warrants issued by the State Treasurer against claims filed as
prescribed by law with the Director Chief Operating Officer of the
Office of Management and Enterprise Services for approval and
payment.
B. At the end of each fiscal year, if the balance of the fund
exceeds Two Million Dollars ($2,000,000.00), any amount in excess of
Two Million Dollars ($2,000,000.00) shall be transferred to the
General Revenue Fund of the State Treasury.
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SECTION 500. AMENDATORY 68 O.S. 2021, Section 451, is
amended to read as follows:
Section 451. There is hereby created in the State Treasury a
special fund to be designated the "Oklahoma Capital Improvement
Fund". Said fund shall consist of amounts deposited therein
pursuant to subsection (d) of Section 302-2 of this title, and
monies, if any, which have accrued to the State General Revenue Fund
at the close of the fiscal year ending June 30, 1979, which were in
excess of Five Million Dollars ($5,000,000.00) that year, in excess
of the amounts required to satisfy all appropriations made from the
State General Revenue Fund for the then current fiscal year together
with all other statutory obligations. Provided, the amount
apportioned to the Oklahoma Capital Improvement Fund by the Director
Chief Operating Officer of the Office of Management and Enterprise
Services from the fiscal year ending June 30, 1979, shall not exceed
the sum of Thirty Million Dollars ($30,000,000.00).
SECTION 501. AMENDATORY 68 O.S. 2021, Section 1353, as
last amended by Section 4, Chapter 441, O.S.L. 2024 (68 O.S. Supp.
2025, Section 1353), is amended to read as follows:
Section 1353. A. It is hereby declared to be the purpose of
the Oklahoma Sales Tax Code to provide funds for the financing of
the program provided for by the Oklahoma Social Security Act and to
provide revenues for the support of the functions of the state
government of Oklahoma, and for this purpose it is hereby expressly
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provided that, revenues derived pursuant to the provisions of the
Oklahoma Sales Tax Code, subject to the apportionment requirements
for the Oklahoma Tax Commission and Office of Management and
Enterprise Services Joint Computer Enhancement Fund provided by
Section 265 of this title, and further subject to the apportionment
requirement provided in subsection D of this section, shall be
apportioned as follows:
1. Except as provided in subsection C of this section, the
following amounts shall be paid to the State Treasurer to be placed
to the credit of the General Revenue Fund to be paid out pursuant to
direct appropriation by the Legislature:
Fiscal Year Amount
FY 2003 and FY 2004 86.04%
FY 2005 85.83%
FY 2006 85.54%
FY 2007 85.04%
FY 2008 through FY 2022 83.61%
FY 2023 through FY 2027 83.36%
FY 2028 and each fiscal year thereafter 83.61%;
2. The following amounts shall be paid to the State Treasurer
to be placed to the credit of the Education Reform Revolving Fund of
the State Department of Education:
a. for FY 2003, FY 2004 and FY 2005, ten and forty-two
one-hundredths percent (10.42%),
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b. for FY 2006 through FY 2020, ten and forty-six one-
hundredths percent (10.46%),
c. for FY 2021:
(1) for the month beginning July 1, 2020, through the
month ending August 31, 2020, ten and forty-six
one-hundredths percent (10.46%), and
(2) for the month beginning September 1, 2020,
through the month ending June 30, 2021, eleven
and ninety-six one-hundredths percent (11.96%),
d. for FY 2022 and each fiscal year thereafter, ten and
forty-six one-hundredths percent (10.46%);
3. The following amounts shall be paid to the State Treasurer
to be placed to the credit of the Teachers’ Retirement System
Dedicated Revenue Revolving Fund:
Fiscal Year Amount
FY 2003 and FY 2004 3.54%
FY 2005 3.75%
FY 2006 4.0%
FY 2007 4.5%
FY 2008 through FY 2020 5.0%
FY 2021:
a. for the month beginning July
1, 2020, through the month
ending August 31, 2020 5.0%
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b. for the month beginning
September 1, 2020, through
the month ending June 30,
2021 3.5%
FY 2022 5.0%
FY 2023 through FY 2027 5.25%
FY 2028 and each fiscal year thereafter 5.0%;
4. a. except as otherwise provided in subparagraph b of this
paragraph, for the fiscal year beginning July 1, 2022,
and for each fiscal year thereafter, eighty-seven one-
hundredths percent (0.87%) shall be paid to the State
Treasurer to be further apportioned as follows:
(1) twenty-four percent (24%) shall be placed to the
credit of the Oklahoma Tourism Promotion
Revolving Fund, but in no event shall such
apportionment exceed Five Million Dollars
($5,000,000.00) in any fiscal year,
(2) forty-four percent (44%) shall be placed to the
credit of the Oklahoma Tourism Capital
Improvement Revolving Fund, but in no event shall
such apportionment exceed Nine Million Dollars
($9,000,000.00) in any fiscal year, and
(3) thirty-two percent (32%) shall be placed to the
credit of the Oklahoma Route 66 Commission
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Revolving Fund, but in no event shall such
apportionment exceed Six Million Six Hundred
Thousand Dollars ($6,600,000.00) in any fiscal
year, and
b. any amounts which exceed the limitations of
subparagraph a of this paragraph shall be placed to
the credit of the General Revenue Fund; and
5. For the fiscal year beginning July 1, 2015, and for each
fiscal year thereafter, six one-hundredths percent (0.06%) shall be
placed to the credit of the Oklahoma Historical Society Capital
Improvement and Operations Revolving Fund, but in no event shall
such apportionment exceed the total amount apportioned pursuant to
this paragraph for the fiscal year ending on June 30, 2015. Any
amounts which exceed the limitations of this paragraph shall be
placed to the credit of the General Revenue Fund.
B. Provided, for the fiscal year beginning July 1, 2007, and
every fiscal year thereafter, an amount of revenue shall be
apportioned to each municipality or county which levies a sales tax
subject to the provisions of Section 1357.10 of this title and
subsection F of Section 2701 of this title equal to the amount of
sales tax revenue of such municipality or county exempted by the
provisions of Section 1357.10 of this title and subsection F of
Section 2701 of this title. The Oklahoma Tax Commission shall
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promulgate and adopt rules necessary to implement the provisions of
this subsection.
C. From the monies that would otherwise be apportioned to the
General Revenue Fund pursuant to subsection A of this section, there
shall be apportioned the following amounts:
1. For the month ending August 31, 2019:
a. Nine Million Six Hundred Thousand Dollars
($9,600,000.00) to the credit of the State Highway
Construction and Maintenance Fund created in Section
1501 of Title 69 of the Oklahoma Statutes, and
b. Two Million Dollars ($2,000,000.00) to the credit of
the Oklahoma Railroad Maintenance Revolving Fund
created in Section 309 of Title 66 of the Oklahoma
Statutes;
2. For the month ending September 30, 2019:
a. Twenty Million Dollars ($20,000,000.00) to the credit
of the State Highway Construction and Maintenance Fund
created in Section 1501 of Title 69 of the Oklahoma
Statutes, and
b. Two Million Dollars ($2,000,000.00) to the credit of
the Oklahoma Railroad Maintenance Revolving Fund
created in Section 309 of Title 66 of the Oklahoma
Statutes;
3. For the month ending October 31, 2019:
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a. Twenty Million Dollars ($20,000,000.00) to the credit
of the State Highway Construction and Maintenance Fund
created in Section 1501 of Title 69 of the Oklahoma
Statutes, and
b. Two Million Dollars ($2,000,000.00) to the credit of
the Oklahoma Railroad Maintenance Revolving Fund
created in Section 309 of Title 66 of the Oklahoma
Statutes;
4. For the month ending November 30, 2019:
a. Twenty Million Dollars ($20,000,000.00) to the credit
of the State Highway Construction and Maintenance Fund
created in Section 1501 of Title 69 of the Oklahoma
Statutes, and
b. Two Million Dollars ($2,000,000.00) to the credit of
the Oklahoma Railroad Maintenance Revolving Fund
created in Section 309 of Title 66 of the Oklahoma
Statutes; and
5. For the month ending December 31, 2019:
a. Twenty Million Dollars ($20,000,000.00) to the credit
of the State Highway Construction and Maintenance Fund
created in Section 1501 of Title 69 of the Oklahoma
Statutes, and
b. Two Million Dollars ($2,000,000.00) to the credit of
the Oklahoma Railroad Maintenance Revolving Fund
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created in Section 309 of Title 66 of the Oklahoma
Statutes.
D. For fiscal year 2029, and each subsequent fiscal year, Fifty
Million Dollars ($50,000,000.00) shall be placed to the credit of
the Oklahoma Capital Assets Maintenance and Protection Fund created
in Section 2 of this act.
SECTION 502. AMENDATORY Section 2, Chapter 353, O.S.L.
2025 (68 O.S. Supp. 2025, Section 1357.22), is amended to read as
follows:
Section 1357.22. A. There is hereby created in the State
Treasury a revolving fund for the Oklahoma Tax Commission to be
designated the “Oklahoma Broadband Rebate Revolving Fund”. The fund
shall be a continuing fund, not subject to fiscal year limitations,
and shall consist of all monies received by the Tax Commission which
are specifically required by law to be deposited in the fund. All
monies accruing to the credit of the fund are hereby appropriated
and may be budgeted and expended by the Commission for the purpose
of paying rebate claims pursuant to Section 1357.21 of Title 68 of
the Oklahoma Statutes. Expenditures from the fund shall be made
upon warrants issued by the State Treasurer against claims filed as
prescribed by law with the Director Chief Operating Officer of the
Office of Management and Enterprise Services for approval and
payment.
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B. The liability of this state to make rebate payments pursuant
to the program created in Section 1357.21 of Title 68 of the
Oklahoma Statutes shall be limited to the balance of the Oklahoma
Broadband Rebate Revolving Fund.
SECTION 503. AMENDATORY 68 O.S. 2021, Section 2355.2, is
amended to read as follows:
Section 2355.2. A. There is hereby created in the State
Treasury a revolving fund for the State Treasurer to be designated
the "Oklahoma Taxpayer Relief Revolving Fund". The fund shall be a
continuing fund, not subject to fiscal year limitations, and shall
consist of the monies transferred to such fund pursuant to paragraph
2 of subsection A of Section 46.1 of Title 62 of the Oklahoma
Statutes. All monies accruing to the credit of said fund are hereby
appropriated and may be budgeted and expended by the State Treasurer
for the purpose of providing payments to Oklahoma residents who have
filed an income tax return pursuant to Section 2355 of this title
for the preceding tax year, except for those residents who were
inmates in the custody of the Department of Corrections, and for the
purpose of administrative costs incurred by the State Treasurer in
making payments provided by this section. The payments to taxpayers
filing as married filing jointly, surviving spouse or head of
household shall be equal to two times the payment to taxpayers
filing as an individual or married filing separately. No taxpayer
filing as an individual who claims zero personal exemptions shall
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receive a payment. During each year funds accrue pursuant to
Section 46.1 of Title 62 of the Oklahoma Statutes, the Oklahoma Tax
Commission shall provide the State Treasurer with information
necessary for such payments to be issued. Expenditures from said
fund shall be made upon warrants issued by the State Treasurer
against claims filed as prescribed by law with the Director Chief
Operating Officer of the Office of Management and Enterprise
Services for approval and payment.
B. The State Treasurer shall promulgate any necessary rules in
order to administer the provisions of this section.
C. The Oklahoma Taxpayer Relief Revolving Fund shall be
abolished and all monies remaining in such fund transferred to the
Special Cash Fund on June 30, 2012. Any liabilities payable from
the Oklahoma Taxpayer Relief Revolving Fund shall be extinguished
upon its abolishment and shall not be transferred to the Special
Cash Fund. The Special Cash Fund refers to the fund created by
Section 253 of Title 62 of the Oklahoma Statutes.
SECTION 504. AMENDATORY 68 O.S. 2021, Section 2357.1a-1,
is amended to read as follows:
Section 2357.1a-1. A. There is hereby created the Task Force
for the Study of State Tax Credits and Economic Incentives.
B. The Task Force shall consist of ten (10) members to be
appointed or selected as follows:
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1. The Chair of the Appropriations and Budget Committee of the
Oklahoma House of Representatives;
2. The Chair of the Appropriations Committee of the Oklahoma
State Senate;
3. The Chair of the Revenue and Taxation Subcommittee of the
Appropriations and Budget Committee of the Oklahoma House of
Representatives;
4. The Chair of the Senate Finance Committee;
5. The Director Chief Operating Officer of the Office of
Management and Enterprise Services or a designee;
6. The State Treasurer or a designee;
7. The Oklahoma Secretary of State or a designee;
8. Minority Leader of the Oklahoma House of Representatives;
9. Minority Leader of the Oklahoma State Senate; and
10. The State Auditor and Inspector.
C. The Task Force shall conduct an organizational meeting not
later than September 30, 2011. A majority of the members present at
the organizational meeting or any subsequent meeting shall
constitute a quorum for the purpose of any action taken including
the preparation and approval of the final report required by
subsection I of this section.
D. The cochairs of the Task Force shall be the member who is
the Chair of the Revenue and Taxation Subcommittee of the
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Appropriations and Budget Committee and the member who is the Chair
of the Finance Committee of the State Senate.
E. The Task Force shall be authorized to meet as necessary in
order to perform the duties imposed upon it. Legislative members of
the Task Force shall be reimbursed for travel expenses pursuant to
the provisions of Section 456 of Title 74 of the Oklahoma Statutes.
Other members of the Task Force shall be reimbursed as provided by
the appointing authority.
F. The Task Force shall conduct a study regarding all state tax
credits regardless of the tax type against which such credit may be
claimed and any other economic incentives that affect state or local
tax liabilities. The study shall include, but shall not be limited
to:
1. The justification for the enactment of any state tax credits
based upon the relevant economics of the applicable industry or
economic sector affected;
2. The economic impact related to the utilization of state tax
credits;
3. Analysis of the utilization of the credits by tax credit
purchasers;
4. The impact of tax credits on any and all economic sectors of
the state economy;
5. The adequacy or inadequacy of state tax credits or other
economic incentives; and
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6. Such other matters related to state tax credits or economic
incentives as the Task Force deems relevant.
G. The Task Force shall be subject to the provisions of:
1. The Oklahoma Open Meeting Act; and
2. The Oklahoma Open Records Act.
H. Staff assistance for the Task Force shall be provided by the
staff of the Oklahoma House of Representatives and the State Senate.
I. The Task Force shall produce a final written report of its
findings and any recommendations regarding transferable tax credits.
The report shall be submitted to the Governor, the Speaker of the
Oklahoma House of Representatives and the President Pro Tempore of
the State Senate not later than December 31, 2011.
J. The provisions of this section shall cease to have the force
and effect of law and the Task Force shall terminate effective
January 1, 2012.
SECTION 505. AMENDATORY 68 O.S. 2021, Section 2357.1A-2,
is amended to read as follows:
Section 2357.1A-2. A. Notwithstanding any other provision of
law, the transfer or allocation of any tax credit authorized
pursuant to the provisions of this title, except as provided in this
section, shall be reported to the Oklahoma Tax Commission and any
tax credit authorized pursuant to the provisions of Title 36 of the
Oklahoma Statutes shall be reported to the Oklahoma Insurance
Department as provided in subsection B of this section.
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B. The transfer or allocation of any tax credit shall be
reported to the Tax Commission or Insurance Department by the entity
transferring or allocating the credit on or before the twentieth day
of the second month after the tax year in which an act occurs which
allows the tax credit to eventually be claimed. If the credit is
transferable, the report shall state whether the credit will or may
be transferred to another taxpayer and the names of the taxpayers to
whom the credit is transferred. The report shall also provide
whether the credit will or may be allocated by a pass-through entity
to one or more of the shareholders, partners or members of the pass-
through entity and the identity of the shareholders, partners or
members of the pass-through entity to whom the credit was allocated.
Further, the report shall include the tax type, the amount of the
credit, the statutory or other legal authority which forms the basis
for the credit, and other information that may be required by the
Tax Commission or the Insurance Department. The report to the Tax
Commission or to the Insurance Department shall be on such form as
the Commission or Department may prescribe. The Tax Commission and
the Insurance Department shall be authorized to require the report
to be filed electronically.
C. Notwithstanding the provisions of Section 205 of Title 68 of
the Oklahoma Statutes the Tax Commission and the Insurance
Department shall compile a list of all tax credits reported as
required by this section and shall provide the list to the Governor,
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the Speaker of the Oklahoma House of Representatives, the President
Pro Tempore of the State Senate and the Director Chief Operating
Officer of the Office of Management and Enterprise Services not
later than June 1 of each year. Not later than five (5) working
days after the report has been provided to the Governor, the Speaker
of the Oklahoma House of Representatives and the President Pro
Tempore of the State Senate, the Oklahoma Tax Commission shall
publish the report on its website.
D. The compiled list shall identify the tax credits reported
pursuant to subsection A of this section and shall separately
identify the amount of tax credits that may be claimed against each
separate state tax under the jurisdiction of the administering
agency and the name of the entity that will be claiming the credit.
E. To the extent possible, the Tax Commission and the Insurance
Department shall make an estimate of the revenue impact to the State
of Oklahoma resulting from the credits reported on a separate fiscal
year by fiscal year basis. Each agency shall make its estimate only
for tax credits under the jurisdiction of each administering agency.
F. If a taxpayer claims a credit on any state tax return that
was not previously reported to the Tax Commission or Insurance
Department pursuant to this section, the Tax Commission or Insurance
Department shall disallow the credit and recompute the applicable
tax liability including any penalty or interest; provided, upon the
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filing of the report required by this section, the credit shall be
allowed.
G. This section shall not be applicable to the following tax
credits:
1. The sales tax relief credit authorized by Section 5011 of
this title;
2. The low income property tax relief credit authorized by
Section 2907 of this title;
3. The earned income tax credit authorized by Section 2357.43
of this title;
4. The child care/child tax credit authorized by Section 2357
of this title;
5. The credit for taxes paid to another state authorized by
Section 2357 of this title; and
6. The credit for property taxes paid on tornado damaged
residential property authorized by Section 2357.29 of this title.
SECTION 506. AMENDATORY 68 O.S. 2021, Section 2357.65A,
is amended to read as follows:
Section 2357.65A. A. As used in this section:
1. "Federally regulated investment company" means a qualified
small business capital company as defined by Section 2357.61 of this
title and that is licensed by the United States Small Business
Administration or the United States Department of Agriculture and
which qualifies as one of the following types of entities:
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a. a Small Business Investment Company, or
b. a Specialized Small Business Investment Company, or
c. a Rural Business Investment Company, or
d. a Community Development Entity as defined by Section
45D of the Internal Revenue Code of 1986, as amended;
and
2. "Qualified small business capital company" means an entity
meeting the requirements of Section 2357.61 of this title.
B. Federally regulated investment companies shall be exempt
from the reporting requirements of subsections C and G of Section
2357.64 of this title.
C. As a condition of the exemption authorized by this section,
the federally regulated investment company shall provide to the
Oklahoma Tax Commission not later than March 15 each year:
1. A copy of the federal license issued by the applicable
federal regulatory entity;
2. A copy of all reports and compliance documents required by
the federal regulators; and
3. A copy of the annual financial audit of the federally
regulated investment company.
D. A federally regulated investment company shall also prepare
an annual summary report that discloses:
1. All investments made in for-profit business entities during
the preceding calendar year;
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2. The primary business address of each for-profit business
entity in which any investment was made;
3. A statement of the business activity of each of the for-
profit business entities described in paragraphs 1 and 2 of this
subsection;
4. The type of investment instrument used to make the
investment; and
5. A status report of all investments made by the federally
regulated investment company.
E. The federally regulated investment company shall transmit a
copy of the annual summary prescribed by subsection D of this
section to the committees or subcommittees of the Oklahoma House of
Representatives and the Oklahoma State Senate having primary
jurisdiction over the Small Business Capital Formation Incentive
Act, the State Treasurer, the State Auditor and Inspector, the
Director Chief Operating Officer of the Office of Management and
Enterprise Services and the Oklahoma Tax Commission.
F. The report required by subsection D of this section shall be
prepared and submitted until all of the monies available to the
federally regulated investment fund have been fully invested, all of
the investments have been completed and the proceeds from the
investment have been disbursed to the equity investors.
SECTION 507. AMENDATORY 68 O.S. 2021, Section 2357.76A,
is amended to read as follows:
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Section 2357.76A. A. As used in this section:
1. "Federally regulated investment company" means a qualified
rural small business capital company as defined by Section 2357.72
of this title and that is licensed by the United States Small
Business Administration or the United States Department of
Agriculture and which qualifies as one of the following types of
entities:
a. a Small Business Investment Company, or
b. a Specialized Small Business Investment Company, or
c. a Rural Business Investment Company, or
d. a Community Development Entity as defined by Section
45D of the Internal Revenue Code of 1986, as amended;
and
2. "Qualified rural small business capital company" means an
entity meeting the requirements of Section 2357.72 of this title.
B. Federally regulated investment companies shall be exempt
from the requirements of subsections C and G of Section 2357.75 of
this title.
C. As a condition of the exemption authorized by this section,
the federally regulated investment company shall provide to the
Oklahoma Tax Commission not later than March 15 each year:
1. A copy of the federal license issued by the applicable
federal regulatory entity;
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2. A copy of all reports and compliance documents required by
the federal regulators; and
3. A copy of the annual financial audit of the federally
regulated investment company.
D. A federally regulated investment company shall also prepare
an annual summary report that discloses:
1. All investments made in for-profit business entities during
the preceding calendar year;
2. The primary business address of each for-profit business
entity in which any investment was made;
3. A statement of the business activity of each of the for-
profit business entities described in paragraphs 1 and 2 of this
subsection;
4. The type of investment instrument used to make the
investment; and
5. A status report of all investments made by the federally
regulated investment company.
E. The federally regulated investment company shall transmit a
copy of the annual summary prescribed by subsection D of this
section to the committees or subcommittees of the Oklahoma House of
Representatives and the Oklahoma State Senate having primary
jurisdiction over the Rural Venture Capital Formation Incentive Act,
the State Treasurer, the State Auditor and Inspector, the Director
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Chief Operating Officer of the Office of Management and Enterprise
Services and the Oklahoma Tax Commission.
F. The report required by subsection D of this section shall be
prepared and submitted until all of the monies available to the
federally regulated investment fund have been fully invested, all of
the investments have been completed and the proceeds from the
investment have been disbursed to the equity investors.
SECTION 508. AMENDATORY 68 O.S. 2021, Section 2368.3, is
amended to read as follows:
Section 2368.3. A. Each state individual income tax return
form for tax years which begin after December 31, 2001, and each
state corporate tax return form for tax years beginning after
December 31, 2001, shall contain a provision to allow a donation
from a tax refund for the benefit of the Oklahoma School for the
Deaf and the Oklahoma School for the Blind, as follows:
Oklahoma School for the Deaf/Oklahoma School for the Blind.
Check if you wish to donate from your tax refund: ( ) $2, ( ) $5,
or ( ) $____.
B. Except as otherwise provided for in this section, all monies
generated pursuant to subsection A of this section shall be paid to
the State Treasurer by the Oklahoma Tax Commission and placed to the
credit of the Oklahoma School for the Deaf/Oklahoma School for the
Blind Revolving Fund created in subsection C of this section.
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C. There is hereby created in the State Treasury a revolving
fund for the State Department of Rehabilitation Services to be
designated the "Oklahoma School for the Deaf/Oklahoma School for the
Blind Revolving Fund". The fund shall be a continuing fund, not
subject to fiscal year limitations, and shall consist of all monies
apportioned to the fund pursuant to the provisions of this section.
All monies accruing to the credit of the fund are hereby
appropriated and may be budgeted and expended by the State
Department of Rehabilitation Services for the purpose of funding
programs at the Oklahoma School for the Deaf and the Oklahoma School
for the Blind. Such monies shall be equally divided between the two
designated schools. Expenditures from the fund shall be made upon
warrants issued by the State Treasurer against claims filed as
prescribed by law with the Director Chief Operating Officer of the
Office of Management and Enterprise Services for approval and
payment.
D. If a taxpayer makes a donation pursuant to subsection A of
this section in error, such taxpayer may file a claim for refund at
any time within three (3) years from the due date of the tax return.
Such claims shall be filed pursuant to the provisions of Section
2373 of this title. Prior to the apportionment set forth in this
section, an amount equal to the total amount of refunds made
pursuant to this subsection during any one (1) year shall be
deducted from the total donations received pursuant to this section
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during the following year and such amount deducted shall be paid to
the State Treasurer and placed to the credit of the Income Tax
Withholding Refund Account.
SECTION 509. AMENDATORY 68 O.S. 2021, Section 2368.3a,
is amended to read as follows:
Section 2368.3a. A. There is hereby created in the State
Treasury a revolving fund for the Department of Human Services, to
be designated the "Oklahoma Silver Haired Legislature – Excellence
in State Government Revolving Fund". The fund shall be a continuing
fund, not subject to fiscal year limitations, and shall consist of
any monies transferred thereto by Section 2368.4 of this title.
B. All monies accruing to the credit of said fund are hereby
appropriated and shall be budgeted and expended by the Department of
Human Services for the purposes specified by Section 2368.4 of this
title; provided no monies in the fund shall be expended for salaries
or other administrative costs, or any programs or services not
authorized by Section 2368.4 of this title.
C. Expenditures from said fund shall be made upon warrants
issued by the State Treasurer against claims filed as prescribed by
law with the Director Chief Operating Officer of the Office of
Management and Enterprise Services for approval and payment.
SECTION 510. AMENDATORY 68 O.S. 2021, Section 2368.5, is
amended to read as follows:
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Section 2368.5. A. Each state individual income tax return
form for tax years which begin after December 31, 2003, and each
state corporate tax return form for tax years beginning after
December 31, 2003, shall contain a provision to allow a donation
from a tax refund for the benefit of the common schools of this
state, as follows:
Support of Oklahoma Common Schools. Check if you wish to donate
from your tax refund: ( ) $2, ( ) $5, or ( ) $____.
B. Except as otherwise provided for in this section, all monies
generated pursuant to subsection A of this section shall be paid to
the State Treasurer by the Oklahoma Tax Commission and placed to the
credit of the Income Tax Checkoff Revolving Fund for the Support of
Oklahoma Common Schools created in subsection C of this section.
C. There is hereby created in the State Treasury a revolving
fund for the State Department of Education to be designated the
"Income Tax Checkoff Revolving Fund for the Support of Oklahoma
Common Schools". The fund shall be a continuing fund, not subject
to fiscal year limitations, and shall consist of all monies
apportioned to the fund pursuant to the provisions of this section.
All monies accruing to the credit of the fund are hereby
appropriated and may be budgeted and expended by the State
Department of Education for the purpose of funding common education
in this state. Such monies shall be apportioned as and in the
manner that state aid is provided to the common schools of this
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state. Expenditures from the fund shall be made upon warrants
issued by the State Treasurer against claims filed as prescribed by
law with the Director Chief Operating Officer of the Office of
Management and Enterprise Services for approval and payment.
D. If a taxpayer makes a donation pursuant to subsection A of
this section in error, such taxpayer may file a claim for refund at
any time within three (3) years from the due date of the tax return.
Such claims shall be filed pursuant to the provisions of Section
2373 of this title. Prior to the apportionment set forth in this
section, an amount equal to the total amount of refunds made
pursuant to this subsection during any one (1) year shall be
deducted from the total donations received pursuant to this section
during the following year and such amount deducted shall be paid to
the State Treasurer and placed to the credit of the Income Tax
Withholding Refund Account.
SECTION 511. AMENDATORY 68 O.S. 2021, Section 2368.6, is
amended to read as follows:
Section 2368.6. A. Each state individual income tax return
form for tax years which begin after December 31, 2003, and each
state corporate tax return form for tax years beginning after
December 31, 2003, shall contain a provision to allow a donation
from a tax refund for the benefit of maintenance of the roads and
highways in this state, as follows:
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Support of Oklahoma Road and Highway Maintenance. Check if you
wish to donate from your tax refund: ( ) $2, ( ) $5, or ( ) $____.
B. Except as otherwise provided for in this section, all monies
generated pursuant to subsection A of this section shall be paid to
the State Treasurer by the Oklahoma Tax Commission and placed to the
credit of the Income Tax Checkoff Revolving Fund for the Support of
Oklahoma Road and Highway Maintenance created in subsection C of
this section.
C. There is hereby created in the State Treasury a revolving
fund for the Department of Transportation to be designated the
"Income Tax Checkoff Revolving Fund for the Support of Oklahoma Road
and Highway Maintenance". The fund shall be a continuing fund, not
subject to fiscal year limitations, and shall consist of all monies
apportioned to the fund pursuant to the provisions of this section.
All monies accruing to the credit of the fund are hereby
appropriated and may be budgeted and expended by the Department of
Transportation for the purpose of funding road and highway
maintenance in this state. Such monies shall be apportioned as and
in a manner specified by the Transportation Commission.
Expenditures from the fund shall be made upon warrants issued by the
State Treasurer against claims filed as prescribed by law with the
Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment.
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D. If a taxpayer makes a donation pursuant to subsection A of
this section in error, such taxpayer may file a claim for refund at
any time within three (3) years from the due date of the tax return.
Such claims shall be filed pursuant to the provisions of Section
2373 of this title. Prior to the apportionment set forth in this
section, an amount equal to the total amount of refunds made
pursuant to this subsection during any one (1) year shall be
deducted from the total donations received pursuant to this section
during the following year and such amount deducted shall be paid to
the State Treasurer and placed to the credit of the Income Tax
Withholding Refund Account.
SECTION 512. AMENDATORY 68 O.S. 2021, Section 2368.7, is
amended to read as follows:
Section 2368.7. A. Each state individual income tax return
form for tax years which begin after December 31, 2003, and each
state corporate tax return form for tax years beginning after
December 31, 2003, shall contain a provision to allow a donation
from a tax refund for the benefit of the Medicaid program of this
state, as follows:
Support of Oklahoma Medicaid Program. Check if you wish to
donate from your tax refund: ( ) $2, ( ) $5, or ( ) $____.
B. Except as otherwise provided for in this section, all monies
generated pursuant to subsection A of this section shall be paid to
the State Treasurer by the Oklahoma Tax Commission and placed to the
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credit of the Income Tax Checkoff Revolving Fund for the Support of
the Oklahoma Medicaid Program created in subsection C of this
section.
C. There is hereby created in the State Treasury a revolving
fund for the Oklahoma Health Care Authority to be designated the
"Income Tax Checkoff Revolving Fund for the Support of the Oklahoma
Medicaid Program". The fund shall be a continuing fund, not subject
to fiscal year limitations, and shall consist of all monies
apportioned to the fund pursuant to the provisions of this section.
All monies accruing to the credit of the fund are hereby
appropriated and may be budgeted and expended by the Oklahoma Health
Care Authority for the purpose of funding the Medicaid program in
this state. Such monies shall be apportioned as and in the manner
specified by the Oklahoma Health Care Authority. Expenditures from
the fund shall be made upon warrants issued by the State Treasurer
against claims filed as prescribed by law with the Director Chief
Operating Officer of the Office of Management and Enterprise
Services for approval and payment.
D. If a taxpayer makes a donation pursuant to subsection A of
this section in error, such taxpayer may file a claim for refund at
any time within three (3) years from the due date of the tax return.
Such claims shall be filed pursuant to the provisions of Section
2373 of this title. Prior to the apportionment set forth in this
section, an amount equal to the total amount of refunds made
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pursuant to this subsection during any one (1) year shall be
deducted from the total donations received pursuant to this section
during the following year and such amount deducted shall be paid to
the State Treasurer and placed to the credit of the Income Tax
Withholding Refund Account.
SECTION 513. AMENDATORY 68 O.S. 2021, Section 2368.13,
is amended to read as follows:
Section 2368.13. A. The Oklahoma Tax Commission shall include
on each state individual tax return form for tax years beginning
after December 31, 2003, and each state corporate tax return form
for tax years beginning after December 31, 2003, an opportunity for
the taxpayer to donate from a tax refund for the benefit of the
Oklahoma Pet Overpopulation Fund created in subsection C of this
section.
B. The monies generated from donations made pursuant to
subsection A of this section shall be collected by the Tax
Commission and placed to the credit of the Oklahoma Pet
Overpopulation Fund created in subsection C of this section.
C. There is hereby created in the State Treasury a revolving
fund to be designated the "Oklahoma Pet Overpopulation Fund". The
fund shall be a continuing fund, not subject to fiscal year
limitations, and shall consist of all monies transferred to the fund
pursuant to subsection A of this section, all monies transferred to
the fund through the purchase of Animal Friendly special license
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plates, and any monies received in the form of gifts, grants,
reimbursements, or donations specifically designated for the fund.
D. All monies accruing to the credit of the Oklahoma Pet
Overpopulation Fund are hereby appropriated and may be budgeted and
expended by the Oklahoma Department of Agriculture, Food, and
Forestry through the State Veterinarian for the purpose of
implementing and maintaining pet sterilization efforts in the State
of Oklahoma.
E. Expenditures from the Oklahoma Pet Overpopulation Fund shall
be made upon warrants issued by the State Treasurer against claims
filed as prescribed by law with the Director Chief Operating Officer
of the Office of Management and Enterprise Services for approval and
payment.
F. Pursuant to Section 2368.18 of this title, the income tax
checkoff contained in this section is hereby reauthorized effective
January 1, 2019.
SECTION 514. AMENDATORY 68 O.S. 2021, Section 2368.14,
is amended to read as follows:
Section 2368.14. A. Each state individual income tax return
form for tax years which begin after December 31, 2004, and each
state corporate tax return form for tax years beginning after
December 31, 2004, shall contain a provision to allow a donation
from a tax refund for the benefit of providing financial relief to
qualified members of the Oklahoma National Guard, as follows:
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Support of the Oklahoma National Guard Relief Program. Check if
you wish to donate from your tax refund: ( ) $2, ( ) $5, or ( )
$____.
B. Except as otherwise provided for in this section, all monies
generated pursuant to subsection A of this section shall be paid to
the State Treasurer by the Oklahoma Tax Commission and placed to the
credit of the Income Tax Checkoff Revolving Fund for the Support of
the Oklahoma National Guard Relief Program created in subsection C
of this section.
C. There is hereby created in the State Treasury a revolving
fund for the Military Department of the State of Oklahoma to be
designated the "Income Tax Checkoff Revolving Fund for the Support
of the Oklahoma National Guard Relief Program". The fund shall be a
continuing fund, not subject to fiscal year limitations, and shall
consist of all monies apportioned to the fund pursuant to the
provisions of this section. All monies accruing to the credit of
the fund are hereby appropriated and may be budgeted and expended by
the Military Department for the purpose of funding qualified
National Guard members to assist with approved expenses. Such
monies shall be apportioned as and in a manner specified by the
Military Department. Expenditures from the fund shall be made upon
warrants issued by the State Treasurer against claims filed as
prescribed by law with the Director Chief Operating Officer of the
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Office of Management and Enterprise Services for approval and
payment.
D. If a taxpayer makes a donation pursuant to subsection A of
this section in error, such taxpayer may file a claim for refund at
any time within three (3) years from the due date of the tax return.
Such claims shall be filed pursuant to the provisions of Section
2373 of this title. Prior to the apportionment set forth in this
section, an amount equal to the total amount of refunds made
pursuant to this subsection during any one (1) year shall be
deducted from the total donations received pursuant to this section
during the following year and such amount deducted shall be paid to
the State Treasurer and placed to the credit of the Income Tax
Withholding Refund Account.
E. Pursuant to Section 2368.18 of this title, the income tax
checkoff contained in this section is hereby reauthorized effective
January 1, 2014.
SECTION 515. AMENDATORY 68 O.S. 2021, Section 2368.15,
is amended to read as follows:
Section 2368.15. A. The Oklahoma Tax Commission shall include
on each state individual tax return form for tax years beginning
after December 31, 2006, and each state corporate tax return form
for tax years beginning after December 31, 2006, an opportunity for
the taxpayer to donate from a tax refund for the benefit of the
Oklahoma Leukemia and Lymphoma Revolving Fund.
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B. All monies generated from donations made pursuant to
subsection A of this section shall be paid to the State Treasurer by
the Oklahoma Tax Commission and placed to the credit of the Oklahoma
Leukemia and Lymphoma Revolving Fund created in subsection D of this
section.
C. The monies generated from donations made pursuant to
subsection A of this section shall be used by the State Department
of Health for the purpose supporting voluntary health agencies
dedicated to curing leukemia, lymphoma, Hodgkin's disease, and
myeloma, and to improving the quality of life of patients and their
families.
D. 1. There is hereby created in the State Treasury a
revolving fund for the State Department of Health to be designated
the "Oklahoma Leukemia and Lymphoma Revolving Fund". The fund shall
be a continuing fund, not subject to fiscal year limitations, and
shall consist of all monies received by the State Department of
Health as designated by subsection C of this section.
2. All monies accruing to the credit of said fund are hereby
appropriated and may be budgeted and expended by the State
Department of Health for the purpose specified in subsection C of
this section.
3. Expenditures from said fund shall be made upon warrants
issued by the State Treasurer against claims filed as prescribed by
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law with the Director Chief Operating Officer of the Office of
Management and Enterprise Services for approval and payment.
SECTION 516. AMENDATORY 68 O.S. 2021, Section 2368.16,
as amended by Section 1, Chapter 196, O.S.L. 2025 (68 O.S. Supp.
2025, Section 2368.16), is amended to read as follows:
Section 2368.16. A. Each state individual income tax return
form for tax years which begin after December 31, 2007, and each
state corporate tax return form for tax years beginning after
December 31, 2007, shall contain a provision to allow a donation
from a tax refund for the benefit of any regional food bank in this
state. For purposes of this section, “regional food bank” means a
nonprofit charitable organization exempt from taxation pursuant to
the provisions of the Internal Revenue Code of 1986, as amended, 26
U.S.C., Section 501(c)(3), which as a part of a food bank network,
maintains a food distribution operation providing food to other
nonprofit entities that offer groceries or meals to people in need
of food assistance. The provision to allow donation shall read as
follows:
Support of programs for regional food banks in this state.
Check if you wish to donate from your tax refund: ( ) $2, ( ) $5,
or ( ) $____.
B. Except as otherwise provided for in this section, all monies
generated pursuant to subsection A of this section shall be paid to
the State Treasurer by the Oklahoma Tax Commission and placed to the
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credit of the Income Tax Checkoff Revolving Fund for Oklahoma
Regional Food Banks created in subsection C of this section.
C. There is hereby created in the State Treasury a revolving
fund for the Department of Human Services to be designated the
“Income Tax Checkoff Revolving Fund for Oklahoma Regional Food
Banks”. The fund shall be a continuing fund, not subject to fiscal
year limitations, and shall consist of all monies apportioned to the
fund pursuant to the provisions of this section. All monies
accruing to the credit of the fund are hereby appropriated and may
be budgeted and expended by the Department of Human Services for the
purpose of providing funding for all regional food banks in this
state. Expenditures from the fund shall be made upon warrants
issued by the State Treasurer against claims filed as prescribed by
law with the Director Chief Operating Officer of the Office of
Management and Enterprise Services for approval and payment.
D. If a taxpayer makes a donation pursuant to subsection A of
this section in error, such taxpayer may file a claim for refund at
any time within three (3) years from the due date of the tax return.
Such claims shall be filed pursuant to the provisions of Section
2373 of this title. Prior to the apportionment set forth in this
section, an amount equal to the total amount of refunds made
pursuant to this subsection during any one (1) year shall be
deducted from the total donations received pursuant to this section
during the following year and such amount deducted shall be paid to
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the State Treasurer and placed to the credit of the Income Tax
Withholding Refund Account.
E. Pursuant to Section 2368.18 of this title, the income tax
checkoff contained in this section is hereby reauthorized effective
January 1, 2026.
SECTION 517. AMENDATORY 68 O.S. 2021, Section 2368.17,
is amended to read as follows:
Section 2368.17. A. Each state individual income tax return
form for tax year 2021 and subsequent tax years, and each state
corporate tax return form for tax year 2021 and subsequent tax
years, shall contain a provision to allow a donation from a tax
refund for the benefit of the Oklahoma chapter of the Y.M.C.A. Youth
and Government program. Pursuant to Section 2368.18 of this title,
all income tax checkoffs provided for in state statute shall expire
four (4) years after enactment, unless reauthorized by the
Legislature.
B. Except as otherwise provided for in this section, all monies
generated pursuant to subsection A of this section shall be paid to
the State Treasurer by the Oklahoma Tax Commission and placed to the
credit of the Oklahoma Youth and Government Revolving Fund created
in subsection C of this section.
C. There is hereby created in the State Treasury a revolving
fund to be designated the “Oklahoma Youth and Government Revolving
Fund” administered by the State Department of Education. The fund
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shall be a continuing fund, not subject to fiscal year limitations,
and shall consist of all the monies received by the State Department
of Education pursuant to the provisions of subsection A of this
section. All monies accruing to the credit of the fund are
appropriated and may be budgeted and expended by the State
Department of Education at the beginning of each fiscal year for the
purpose of providing grants to the Oklahoma chapter of the Y.M.C.A.
Youth and Government program for purposes of educating young people
regarding government and the legislative process. Expenditures from
the fund shall be made upon warrants issued by the State Treasurer
against claims filed as prescribed by law with the Director Chief
Operating Officer of the Office of Management and Enterprise
Services for approval and payment.
D. If a taxpayer makes a donation pursuant to subsection A of
this section in error, such taxpayer may file a claim for a refund
at any time within three (3) years from the due date of the tax
return. Such claims shall be filed pursuant to the provisions of
Section 2373 of this title. Prior to the apportionment set forth in
this section, an amount equal to the total amount of refunds made
pursuant to this subsection during any one (1) year shall be
deducted from the total donations received pursuant to this section
during the following year and such amount deducted shall be paid to
the State Treasurer and placed to the credit of the Income Tax
Withholding Refund Account.
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SECTION 518. AMENDATORY 68 O.S. 2021, Section 2368.19,
is amended to read as follows:
Section 2368.19. A. Each state individual income tax return
form for tax years which begin after December 31, 2009, and each
state corporate tax return form for tax years beginning after
December 31, 2009, shall contain a provision to allow a donation
from a tax refund for the purpose of providing academic and
vocational training scholarships administered through the Folds of
Honor Scholarship Program to dependents of military servicemen and
servicewomen who were either killed or wounded in action due to
military service in the war in Iraq or Afghanistan where such
program is administered through Folds of Honor Incorporated, a
nonprofit charitable organization exempt from taxation pursuant to
the provisions of the Internal Revenue Code, 26 U.S.C., Section
501(c)(3). The provision to allow donation shall read as follows:
Support of Folds of Honor Scholarship Program, a nonprofit
charitable organization providing academic and vocational training
scholarships to dependents of military servicemen and servicewomen
who were either killed or wounded in action due to military service
in the war in Iraq or Afghanistan. Check if you wish to donate from
your tax refund: ( ) $2, ( ) $5, or ( ) $____.
B. Except as otherwise provided for in this section, all monies
generated pursuant to subsection A of this section shall be paid to
the State Treasurer by the Oklahoma Tax Commission and placed to the
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credit of the Income Tax Checkoff Revolving Fund for the Support of
the Folds of Honor Scholarship Program created in subsection C of
this section.
C. There is hereby created in the State Treasury a revolving
fund for the Military Department of the State of Oklahoma to be
designated the "Income Tax Checkoff Revolving Fund for the Support
of the Folds of Honor Scholarship Program". The fund shall be a
continuing fund, not subject to fiscal year limitations, and shall
consist of all monies apportioned to the fund pursuant to the
provisions of this section. All monies accruing to the credit of
the fund are hereby appropriated and may be budgeted and expended by
the Military Department for the purpose of providing grants for
academic and vocational training scholarships administered through
the Folds of Honor Scholarship Program. Such monies shall be
apportioned as and in a manner specified by the Military Department.
Expenditures from the fund shall be made upon warrants issued by the
State Treasurer against claims filed as prescribed by law with the
Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment.
D. If a taxpayer makes a donation pursuant to subsection A of
this section in error, such taxpayer may file a claim for refund at
any time within three (3) years from the due date of the tax return.
Such claims shall be filed pursuant to the provisions of Section
2373 of this title. Prior to the apportionment set forth in this
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section, an amount equal to the total amount of refunds made
pursuant to this subsection during any one (1) year shall be
deducted from the total donations received pursuant to this section
during the following year and such amount deducted shall be paid to
the State Treasurer and placed to the credit of the Income Tax
Withholding Refund Account.
E. Pursuant to Section 2368.18 of this title, the income tax
checkoff contained in this section is hereby reauthorized effective
January 1, 2017.
SECTION 519. AMENDATORY 68 O.S. 2021, Section 2368.20,
is amended to read as follows:
Section 2368.20. A. Each state individual income tax return
form for tax years which begin after December 31, 2010, and each
state corporate tax return form for tax years beginning after
December 31, 2010, shall contain a provision to allow a donation for
the benefit of Oklahoma Honor Flights.
B. Except as otherwise provided for in this section, all monies
generated pursuant to subsection A of this section shall be paid to
the State Treasurer by the Oklahoma Tax Commission and placed to the
credit of the Oklahoma Honor Flights Revolving Fund created in
subsection C of this section.
C. There is hereby created in the State Treasury a revolving
fund to be designated the "Oklahoma Honor Flights Revolving Fund"
and administered by the Oklahoma Department of Veterans Affairs.
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The fund shall be a continuing fund, not subject to fiscal year
limitations, and shall consist of all the monies received by the
Oklahoma Department of Veterans Affairs pursuant to the provisions
of subsection A of this section. All monies accruing to the credit
of the fund are appropriated and may be budgeted and expended by the
Oklahoma Department of Veterans Affairs at the beginning of each
fiscal year for the purpose of providing grants to Oklahoma Honor
Flights for purposes of transporting Oklahoma veterans to
Washington, D.C., to visit those memorials dedicated to honor their
service and sacrifices. Expenditures from the fund shall be made
upon warrants issued by the State Treasurer against claims filed as
prescribed by law with the Director Chief Operating Officer of the
Office of Management and Enterprise Services for approval and
payment.
D. If a taxpayer makes a donation pursuant to subsection A of
this section in error, such taxpayer may file a claim for refund at
any time within three (3) years from the due date of the tax return.
Such claims shall be filed pursuant to the provisions of Section
2373 of this title. Prior to the apportionment set forth in this
section, an amount equal to the total amount of refunds made
pursuant to this subsection during any one (1) year shall be
deducted from the total donations received pursuant to this section
during the following year and such amount deducted shall be paid to
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the State Treasurer and placed to the credit of the Income Tax
Withholding Refund Account.
SECTION 520. AMENDATORY 68 O.S. 2021, Section 2368.21,
is amended to read as follows:
Section 2368.21. A. Each state individual income tax return
form for tax years which begin after December 31, 2009, and each
state corporate tax return form for tax years beginning after
December 31, 2009, shall contain a provision to allow a donation
from a tax refund for the benefit of the Multiple Sclerosis Society.
B. Except as otherwise provided for in this section, all monies
generated pursuant to subsection A of this section shall be paid to
the State Treasurer by the Oklahoma Tax Commission and placed to the
credit of the Multiple Sclerosis Society Revolving Fund created in
subsection C of this section.
C. There is hereby created in the State Treasury a revolving
fund to be designated the "Multiple Sclerosis Society Revolving
Fund" and administered by the State Department of Health. The fund
shall be a continuing fund, not subject to fiscal year limitations,
and shall consist of all the monies received by the State Department
of Health pursuant to the provisions of subsection A of this
section. All monies accruing to the credit of the fund are
appropriated and may be budgeted and expended by the State
Department of Health at the beginning of each fiscal year for the
purpose of providing grants to the Multiple Sclerosis Society for
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purposes of mobilizing people and resources to drive research for a
cure and to address the challenges of everyone affected by multiple
sclerosis. Expenditures from the fund shall be made upon warrants
issued by the State Treasurer against claims filed as prescribed by
law with the Director Chief Operating Officer of the Office of
Management and Enterprise Services for approval and payment.
D. If a taxpayer makes a donation pursuant to subsection A of
this section in error, such taxpayer may file a claim for refund at
any time within three (3) years from the due date of the tax return.
Such claims shall be filed pursuant to the provisions of Section
2373 of this title. Prior to the apportionment set forth in this
section, an amount equal to the total amount of refunds made
pursuant to this subsection during any one (1) year shall be
deducted from the total donations received pursuant to this section
during the following year and such amount deducted shall be paid to
the State Treasurer and placed to the credit of the Income Tax
Withholding Refund Account.
SECTION 521. AMENDATORY 68 O.S. 2021, Section 2368.22,
is amended to read as follows:
Section 2368.22. A. Each state individual income tax return
form for tax years which begin after December 31, 2011, and each
state corporate tax return form for tax years beginning after
December 31, 2011, shall contain a provision to allow a donation
from a tax refund for the benefit of domestic violence and sexual
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assault services in Oklahoma that have been certified by the
Attorney General. As used in this section the term "services" shall
include but not be limited to programs, shelters or a combination
thereof.
B. Except as otherwise provided for in this section, all monies
generated pursuant to subsection A of this section shall be paid to
the State Treasurer by the Oklahoma Tax Commission and placed to the
credit of the Domestic Violence and Sexual Assault Services
Revolving Fund created in subsection C of this section.
C. There is hereby created in the State Treasury a revolving
fund to be designated the "Domestic Violence and Sexual Assault
Services Revolving Fund" administered by the Attorney General. The
fund shall be a continuing fund, not subject to fiscal year
limitations, and shall consist of all the monies received by the
Attorney General pursuant to the provisions of subsection A of this
section. All monies accruing to the credit of the fund are
appropriated and may be budgeted and expended by the Attorney
General at the beginning of each fiscal year for the purpose of
providing grants to domestic violence and sexual assault services
providers for the purpose of providing domestic violence and sexual
assault services in Oklahoma. Expenditures from the fund shall be
made upon warrants issued by the State Treasurer against claims
filed as prescribed by law with the Director Chief Operating Officer
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of the Office of Management and Enterprise Services for approval and
payment.
D. The Attorney General shall provide notice of the Domestic
Violence and Sexual Assault Services Revolving Fund on the website
of the Attorney General.
E. If a taxpayer makes a donation pursuant to subsection A of
this section in error, such taxpayer may file a claim for a refund
at any time within three (3) years from the due date of the tax
return. Such claims shall be filed pursuant to the provisions of
Section 2373 of this title. Prior to the apportionment set forth in
this section, an amount equal to the total amount of refunds made
pursuant to this subsection during any one (1) year shall be
deducted from the total donations received pursuant to this section
during the following year and such amount deducted shall be paid to
the State Treasurer and placed to the credit of the Income Tax
Withholding Refund Account.
SECTION 522. AMENDATORY 68 O.S. 2021, Section 2368.23,
is amended to read as follows:
Section 2368.23. A. Each state individual income tax return
form for tax years which begin after December 31, 2011, and each
state corporate tax return form for tax years beginning after
December 31, 2011, shall contain a provision to allow a donation
from a tax refund for the benefit of volunteer fire departments in
Oklahoma.
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B. Except as otherwise provided for in this section, all monies
generated pursuant to subsection A of this section shall be paid to
the State Treasurer by the Oklahoma Tax Commission and placed to the
credit of the Volunteer Fire Department Revolving Fund created in
subsection C of this section.
C. There is hereby created in the State Treasury a revolving
fund to be designated the "Volunteer Fire Department Revolving Fund"
administered by the Office of the State Fire Marshal. The fund
shall be a continuing fund, not subject to fiscal year limitations,
and shall consist of all the monies received by the Office of the
State Fire Marshal pursuant to the provisions of subsection A of
this section. All monies accruing to the credit of the fund are
appropriated and may be budgeted and expended by the Office of the
State Fire Marshal at the beginning of each fiscal year for the
purpose of providing grants to volunteer fire departments in this
state for the purpose of purchasing bunker gear, wildland gear and
other protective clothing. Expenditures from the fund shall be made
upon warrants issued by the State Treasurer against claims filed as
prescribed by law with the Director Chief Operating Officer of the
Office of Management and Enterprise Services for approval and
payment.
D. If a taxpayer makes a donation pursuant to subsection A of
this section in error, such taxpayer may file a claim for a refund
at any time within three (3) years from the due date of the tax
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return. Such claims shall be filed pursuant to the provisions of
Section 2373 of this title. Prior to the apportionment set forth in
this section, an amount equal to the total amount of refunds made
pursuant to this subsection during any one (1) year shall be
deducted from the total donations received pursuant to this section
during the following year and such amount deducted shall be paid to
the State Treasurer and placed to the credit of the Income Tax
Withholding Refund Account.
SECTION 523. AMENDATORY 68 O.S. 2021, Section 2368.24,
is amended to read as follows:
Section 2368.24. A. Each state individual income tax return
form for tax years which begin after December 31, 2011, and each
state corporate tax return form for tax years beginning after
December 31, 2011, shall contain a provision to allow a donation
from a tax refund for the benefit of the Oklahoma Lupus Revolving
Fund.
B. Except as otherwise provided for in this section, all monies
generated pursuant to subsection A of this section shall be paid to
the State Treasurer by the Oklahoma Tax Commission and placed to the
credit of the Oklahoma Lupus Revolving Fund created in subsection C
of this section.
C. There is hereby created in the State Treasury a revolving
fund to be designated the "Oklahoma Lupus Revolving Fund" and
administered by the State Department of Health. The fund shall be a
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continuing fund, not subject to fiscal year limitations, and shall
consist of all the monies received by the State Department of Health
pursuant to the provisions of subsection A of this section. All
monies accruing to the credit of the fund are appropriated and may
be budgeted and expended by the State Department of Health at the
beginning of each fiscal year for the purpose of providing grants to
the Oklahoma Medical Research Foundation for the purpose of funding
research into treating and curing Lupus in this state. Expenditures
from the fund shall be made upon warrants issued by the State
Treasurer against claims filed as prescribed by law with the
Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment.
D. If a taxpayer makes a donation pursuant to subsection A of
this section in error, such taxpayer may file a claim for a refund
at any time within three (3) years from the due date of the tax
return. Such claims shall be filed pursuant to the provisions of
Section 2373 of this title. Prior to the apportionment set forth in
this section, an amount equal to the total amount of refunds made
pursuant to this subsection during any one (1) year shall be
deducted from the total donations received pursuant to this section
during the following year and such amount deducted shall be paid to
the State Treasurer and placed to the credit of the Income Tax
Withholding Refund Account.
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SECTION 524. AMENDATORY 68 O.S. 2021, Section 2368.26,
is amended to read as follows:
Section 2368.26. A. Each state individual income tax return
form for tax years which begin after December 31, 2011, and each
state corporate tax return form for tax years beginning after
December 31, 2011, shall contain a provision to allow a donation
from a tax refund for the purpose of supporting music festivals held
in the Historic Greenwood District.
B. Except as otherwise provided for in this section, all monies
generated pursuant to subsection A of this section shall be paid to
the State Treasurer by the Oklahoma Tax Commission and placed to the
credit of the Historic Greenwood District Music Festival Revolving
Fund created in subsection C of this section.
C. There is hereby created in the State Treasury a revolving
fund to be designated the "Historic Greenwood District Music
Festival Revolving Fund" and administered by the Oklahoma Historical
Society. The fund shall be a continuing fund, not subject to fiscal
year limitations, and shall consist of all the monies received by
the Oklahoma Historical Society pursuant to the provisions of
subsection A of this section. All monies accruing to the credit of
the fund are appropriated and may be budgeted and expended by the
Oklahoma Historical Society at the beginning of each fiscal year for
the purpose of promoting and supporting music festivals in the
Historic Greenwood District. Expenditures from the fund shall be
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made upon warrants issued by the State Treasurer against claims
filed as prescribed by law with the Director Chief Operating Officer
of the Office of Management and Enterprise Services for approval and
payment.
D. If a taxpayer makes a donation pursuant to subsection A of
this section in error, such taxpayer may file a claim for refund at
any time within three (3) years from the due date of the tax return.
Such claims shall be filed pursuant to the provisions of Section
2373 of this title. Prior to the apportionment set forth in this
section, an amount equal to the total amount of refunds made
pursuant to this subsection during any one (1) year shall be
deducted from the total donations received pursuant to this section
during the following year and such amount deducted shall be paid to
the State Treasurer and placed to the credit of the Income Tax
Withholding Refund Account.
SECTION 525. AMENDATORY 68 O.S. 2021, Section 2368.28,
is amended to read as follows:
Section 2368.28. A. Each state individual income tax return
form for tax years which begin after December 31, 2016, and each
state corporate tax return form for tax years beginning after
December 31, 2016, shall contain a provision to allow a donation
from a tax refund for the benefit of the Oklahoma Department of
Veterans Affairs Indigent Veteran Burial Program.
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B. All monies generated pursuant to subsection A of this
section shall be paid to the State Treasurer by the Oklahoma Tax
Commission and placed to the credit of the Indigent Veteran Burial
Revolving Fund created in subsection C of this section.
C. There is hereby created in the State Treasury a revolving
fund to be designated the "Indigent Veteran Burial Revolving Fund"
and administered by the Oklahoma Department of Veterans Affairs.
The fund shall be a continuing fund, not subject to fiscal year
limitations, and shall consist of all the monies received pursuant
to the provisions of subsection A of this section and any donations
received from any individuals or organizations. All monies accruing
to the credit of the fund are appropriated and may be budgeted and
expended by the Oklahoma Department of Veterans Affairs to provide
reimbursement to a cemetery or funeral home for costs incurred
burying an indigent veteran; provided, the maximum reimbursement
shall not exceed Five Hundred Dollars ($500.00) per veteran and
total reimbursements made in calendar year 2017 shall be limited to
Twenty Thousand Dollars ($20,000.00). Expenditures from the fund
shall be made upon warrants issued by the State Treasurer against
claims filed as prescribed by law with the Director Chief Operating
Officer of the Office of Management and Enterprise Services for
approval and payment.
D. If a taxpayer makes a donation pursuant to subsection A of
this section in error, such taxpayer may file a claim for refund at
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any time within three (3) years from the due date of the tax return.
Such claims shall be filed pursuant to the provisions of Section
2373 of Title 68 of the Oklahoma Statutes. Prior to the
apportionment set forth in this section, an amount equal to the
total amount of refunds made pursuant to this subsection during any
one (1) year shall be deducted from the total donations received
pursuant to this section during the following year and such amount
deducted shall be paid to the State Treasurer and placed to the
credit of the Income Tax Withholding Refund Account.
SECTION 526. AMENDATORY 68 O.S. 2021, Section 2368.29,
is amended to read as follows:
Section 2368.29. A. Each state individual income tax return
form for tax years beginning after December 31, 2016, and each state
corporate tax return form for tax years beginning after December 31,
2016, shall contain provisions to allow a donation from a tax refund
or a direct donation for the benefit of the General Revenue Fund of
the State of Oklahoma, as follows:
Support of Oklahoma General Revenue Fund. Check if you wish to
donate from your tax refund: ( ) entire amount, or ( ) $____.
Check if you wish to make a direct donation to the General Revenue
Fund: (______) amount $_____________.
B. Except as otherwise provided for in this section, all monies
generated pursuant to subsection A of this section shall be paid to
the State Treasurer by the Oklahoma Tax Commission and placed to the
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credit of the Income Tax Checkoff Revolving Fund for the Support of
the Oklahoma General Revenue Fund created in subsection C of this
section.
C. There is hereby created in the State Treasury a revolving
fund for the Oklahoma General Revenue Fund to be designated the
“Income Tax Checkoff Revolving Fund for the Support of the Oklahoma
General Revenue Fund“. The fund shall be a continuing fund, not
subject to fiscal year limitations, and shall consist of all monies
apportioned to the fund pursuant to the provisions of this section.
All monies accruing to the credit of the fund shall be deposited to
the credit of the General Revenue Fund and appropriation of such
funds shall be subject to the provisions of Section 23 of Article X
of the Oklahoma Constitution. Expenditures from the fund shall be
made upon warrants issued by the State Treasurer against claims
filed as prescribed by law with the Director Chief Operating Officer
of the Office of Management and Enterprise Services for approval and
payment.
D. If a taxpayer makes a donation pursuant to subsection A of
this section in error, such taxpayer may file a claim for refund at
any time within three (3) years from the due date of the tax return.
Such claims shall be filed pursuant to the provisions of Section
2373 of this title. Prior to the apportionment set forth in this
section, an amount equal to the total amount of refunds made
pursuant to this subsection during any one (1) year shall be
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deducted from the total donations received pursuant to this section
during the following year and such amount deducted shall be paid to
the State Treasurer and placed to the credit of the Income Tax
Withholding Refund Account.
SECTION 527. AMENDATORY 68 O.S. 2021, Section 2368.30,
is amended to read as follows:
Section 2368.30. A. Each state individual income tax return
form for tax years which begin after December 31, 2016, and each
state corporate tax return form for tax years beginning after
December 31, 2016, shall contain a provision to allow a donation
from a tax refund for the benefit of the Oklahoma Emergency
Responders Assistance Program.
B. Except as otherwise provided for in this section, all monies
generated pursuant to subsection A of this section shall be paid to
the State Treasurer by the Oklahoma Tax Commission and placed to the
credit of the Oklahoma Emergency Responders Assistance Program
Revolving Fund created in subsection C of this section.
C. There is hereby created in the State Treasury a revolving
fund to be designated the "Oklahoma Emergency Responders Assistance
Program Revolving Fund" and administered by the Department of Public
Safety. The fund shall be a continuing fund, not subject to fiscal
year limitations, and shall consist of all the monies received by
the Department of Public Safety pursuant to the provisions of
subsection A of this section. All monies accruing to the credit of
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the fund are appropriated and may be budgeted and expended by the
Department of Public Safety at the beginning of each fiscal year for
the purpose of providing grants to the Oklahoma Emergency Responders
Assistance Program for purposes of providing postcritical incident
care to all emergency first responders and their families who are
experiencing emotional trauma. Expenditures from the fund shall be
made upon warrants issued by the State Treasurer against claims
filed as prescribed by law with the Director Chief Operating Officer
of the Office of Management and Enterprise Services for approval and
payment.
D. If a taxpayer makes a donation pursuant to subsection A of
this section in error, such taxpayer may file a claim for refund at
any time within three (3) years from the due date of the tax return.
Such claims shall be filed pursuant to the provisions of Section
2373 of this title. Prior to the apportionment set forth in this
section, an amount equal to the total amount of refunds made
pursuant to this subsection during any one (1) year shall be
deducted from the total donations received pursuant to this section
during the following year and such amount deducted shall be paid to
the State Treasurer and placed to the credit of the Income Tax
Withholding Refund Account.
SECTION 528. AMENDATORY 68 O.S. 2021, Section 2368.31,
is amended to read as follows:
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Section 2368.31. A. Each state individual income tax return
form for tax years which begin after December 31, 2018, and each
state corporate tax return form for tax years beginning after
December 31, 2018, shall contain a provision to allow a donation
from a tax refund for the benefit of the Oklahoma AIDS Care
Revolving Fund.
B. Except as otherwise provided for in this section, all monies
generated pursuant to subsection A of this section shall be paid to
the State Treasurer by the Oklahoma Tax Commission and placed to the
credit of the Oklahoma AIDS Care Revolving Fund created in
subsection C of this section.
C. There is hereby created in the State Treasury a revolving
fund to be designated the "Oklahoma AIDS Care Revolving Fund" and
administered by the Department of Human Services. The fund shall be
a continuing fund, not subject to fiscal year limitations, and shall
consist of all the monies received by the Department of Human
Services pursuant to the provisions of subsection A of this section.
All monies accruing to the credit of the fund are appropriated and
may be budgeted and expended by the Department of Human Services at
the beginning of each fiscal year for the purpose of providing
grants to the Oklahoma AIDS Care Fund for purposes of emergency
assistance, advocacy, education, prevention and collaboration with
other entities. Expenditures from the fund shall be made upon
warrants issued by the State Treasurer against claims filed as
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prescribed by law with the Director Chief Operating Officer of the
Office of Management and Enterprise Services for approval and
payment.
D. If a taxpayer makes a donation pursuant to subsection A of
this section in error, such taxpayer may file a claim for refund at
any time within three (3) years from the due date of the tax return.
Such claims shall be filed pursuant to the provisions of Section
2373 of Title 68 of the Oklahoma Statutes. Prior to the
apportionment set forth in this section, an amount equal to the
total amount of refunds made pursuant to this subsection during any
one (1) year shall be deducted from the total donations received
pursuant to this section during the following year and such amount
deducted shall be paid to the State Treasurer and placed to the
credit of the Income Tax Withholding Refund Account.
SECTION 529. AMENDATORY 68 O.S. 2021, Section 2702, is
amended to read as follows:
Section 2702. A. The governing body of any incorporated city
or town and the Oklahoma Tax Commission shall enter into contractual
agreements whereby the Tax Commission shall have authority to
assess, to collect and to enforce any taxes or, penalties or
interest thereon, levied by such incorporated city or town, and
remit the same to such municipality. Said assessment, collection,
and enforcement authority shall apply to any taxes, penalty or
interest liability existing at the time of contracting. Upon
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contracting, the Tax Commission shall have all the powers of
enforcement in regard to such taxes, penalties and interest as are
granted to or vested in the contracting municipality. Such
agreement shall provide for the assessment, collection, enforcement,
and prosecution of such municipal tax, penalties and interest, in
the same manner as and in accordance with the administration,
collection, enforcement, and prosecution by the Tax Commission of
any similar state tax except as provided by agreement. Such
agreement shall authorize the Tax Commission to retain an amount not
to exceed one-half of one percent (0.5%) as a retention fee of
municipal tax collected for services rendered in connection with
such collections; provided, if a municipality files an action
resulting in collection of delinquent state and municipal taxes, the
Tax Commission shall remit one-half (1/2) of the retention fee
applied to the amount of such taxes to the municipality to be
apportioned as are other sales tax revenue. All funds retained by
the Tax Commission for the collection services to municipalities
shall be deposited in the Oklahoma Tax Commission Revolving Fund in
the State Treasury. The municipality shall agree to refrain from
any assessment, collection, or enforcement of the municipal tax
except as specified in an agreement made pursuant to subsections A,
C, D and E of this section.
B. The Tax Commission shall place all sales taxes, including
penalties and interest, collected on behalf of a municipality
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pursuant to the provisions of this section and all use taxes,
including penalties and interest, collected on behalf of a
municipality pursuant to the provisions of Section 1411 of this
title in the Sales Tax Remitting Account as provided in Section 1373
of this title.
C. Notwithstanding the provisions of subsection E of this
section, the Tax Commission and the governing body of any
incorporated city or town may enter into contractual agreements
whereby the municipality would be authorized to implement or augment
the enforcement, collection and prosecution of the municipal tax in
those contracting municipalities and to provide for the satisfaction
of refunds or credits to taxpayers. Such agreements shall and are
hereby authorized to provide that the municipality and the Tax
Commission may exchange necessary information to effectively carry
out the terms of such agreements. The municipality, its officers
and employees shall preserve the confidentiality of such information
in the same manner and be subject to the same penalties as provided
by Section 205 of this title, provided that the municipal prosecutor
and other municipal enforcement personnel may receive all
information necessary to implement or augment the enforcement and
prosecution of municipal sales tax ordinances.
D. Provided further that, upon the request of any incorporated
city or town, the Tax Commission shall enter into contractual
agreements with such municipality whereby the municipality would be
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authorized to implement or augment the enforcement, either directly
or through contract with private auditors or audit firms, of the
municipal tax. Any person performing an audit shall first be
approved by the Tax Commission and, once approved, shall be
appointed as an agent of the Tax Commission for purposes of the
audit. Contracts with a private auditor or audit firm shall not be
subject to the limitations of Section 262 of this title and shall
and are hereby authorized to provide that the municipality, private
auditors or audit firms and the Tax Commission may exchange
necessary information to effectively carry out the terms of such
agreements. The municipality, its officers and employees and
private auditors or audit firms may receive all information
necessary to perform audits and shall preserve the confidentiality
of such information in the same manner and be subject to the same
penalties as provided by Section 205 of this title. Municipalities
conducting audits directly or by contracting for private auditors or
audit firms pursuant to this subsection shall furnish to the Tax
Commission the audit results and all relevant supporting
documentation. Further, such municipalities shall provide for the
payment of private auditors or audit firms by deduction from the tax
assessment resulting from the audit conducted by said private
auditors or audit firms unless a municipality contracts with the
auditor or audit firm for another method of payment. Any municipal
sales tax funds recovered as a result of the services provided under
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this subsection will not be included in calculating the retention
fee retained by the Tax Commission pursuant to subsection A of this
section. The contracts authorized by subsection A of this section
shall provide that the Tax Commission shall not have any obligations
thereunder to any municipality that does not participate in an audit
conducted under this subsection.
E. 1. Pursuant to the provisions of this subsection, upon the
request of any municipality, the Tax Commission shall enter into a
contractual agreement with the municipality whereby the municipality
would be authorized to engage in compliance activities, either
directly or through contract with private persons or entities, to
augment the collection of the municipal tax by the Tax Commission.
The sole responsibility for the administration of any and all such
compliance activities shall remain with the Tax Commission to ensure
that sellers and purchasers shall only be required to register, file
returns, and remit state and local taxes to one single authority,
and that no enforcement activities are duplicated.
2. Any contractual agreement entered into pursuant to paragraph
1 of this subsection and any person or entity who will be performing
compliance activities shall first be approved by the Tax Commission
in its sole discretion. Once approved, the private person or entity
shall be appointed as an agent of the Tax Commission for purposes of
such compliance activities. Any agreements entered into pursuant to
paragraph 1 of this subsection shall provide that the municipality,
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private persons or entities appointed as an agent and the Tax
Commission may exchange necessary information to effectively carry
out the terms of the agreements. The municipality, its officers and
employees and any private person or entity appointed as an agent of
the Tax Commission may receive all information necessary for
compliance activities and shall preserve the confidentiality of the
information in the same manner and be subject to the same penalties
as provided by Section 205 of this title. Municipalities conducting
compliance activities directly or by contracting with private
persons or entities pursuant to this subsection shall furnish to the
Tax Commission the compliance results and all relevant supporting
documentation and the Tax Commission shall take such information and
issue proposed assessments or conduct other such administrative
action as is necessary.
3. There is hereby created in the State Treasury a revolving
fund for the Oklahoma Tax Commission to be known as the "Tax
Commission Compliance Fund". The fund shall be a continuing fund,
not subject to fiscal year limitations, and notwithstanding any
other provisions of law, shall consist of the first three-fourths of
one percent (3/4 of 1%) of enhanced collections of state sales and
use taxes collected pursuant to an agreement entered into pursuant
to paragraph 1 of this subsection. All monies accruing to the
credit of the fund are hereby appropriated and may be budgeted and
expended by the Oklahoma Tax Commission for the purpose of
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reimbursing a municipality for enhanced collections of state sales
taxes pursuant to an agreement entered into pursuant to paragraph 1
of this subsection. Expenditures from the fund shall be made upon
warrants issued by the State Treasurer against claims filed as
prescribed by law with the Director Chief Operating Officer of the
Office of Management and Enterprise Services for approval and
payment.
4. The Director Chief Operating Officer of the Office of
Management and Enterprise Services shall form an Implementation
Working Group composed of representatives of municipalities and of
the Tax Commission and shall adopt a plan to implement this
subsection by September 30, 2011. The plan shall ensure that the
Tax Commission shall maintain a central point of collection and
centralized administration and enforcement and further shall be
consistent with all applicable state laws.
F. Any sum or sums collected or required to be collected
pursuant to a municipal sales tax levy shall be deemed to be held in
trust for the municipality, and, as trustee, the collecting vendor
shall have a fiduciary duty to the municipality in regards to such
sums and shall be subject to the trust laws of this state.
SECTION 530. AMENDATORY 68 O.S. 2021, Section 3603, as
amended by Section 1, Chapter 102, O.S.L. 2025 (68 O.S. Supp. 2025,
Section 3603), is amended to read as follows:
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Section 3603. A. As used in the Oklahoma Quality Jobs Program
Act:
1. a. “Basic industry” means:
(1) those manufacturing activities defined or
classified in the NAICS Manual under Industry
Sector Nos. 31, 32 and 33, Industry Group No.
5111 or Industry No. 11331,
(2) those electric power generation, transmission and
distribution activities defined or classified in
the NAICS Manual under U.S. Industry Nos. 221111
through 221122, if:
(a) an establishment engaged therein qualifies
as an exempt wholesale generator as defined
by 15 U.S.C., Section 79z-5a,
(b) the exempt wholesale generator facility
consumes from sources located within the
state at least ninety percent (90%) of the
total energy used to produce the electrical
output which qualifies for the specialized
treatment provided by the Energy Policy Act
of 1992, P.L. 102-486, 106 Stat. 2776, as
amended, and federal regulations adopted
pursuant thereto,
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(c) the exempt wholesale generator facility
sells to purchasers located outside the
state for consumption in activities located
outside the state at least ninety percent
(90%) of the total electrical energy output
which qualifies for the specialized
treatment provided by the Energy Policy Act
of 1992, P.L. 102-486, 106 Stat. 2776, as
amended, and federal regulations adopted
pursuant thereto, and
(d) the facility is constructed on or after July
1, 1996,
(3) those administrative and facilities support
service activities defined or classified in the
NAICS Manual under Industry Group Nos. 5611 and
5612, Industry Nos. 51821, 519130, 52232 and
56142 or U.S. Industry Nos. 524291 and 551114,
those other support activities for air
transportation defined or classified in the NAICS
Manual under Industry Group No. 488190, and those
support, repair, and maintenance service
activities for the wind industry defined or
classified in the NAICS Manual under Industry
Group No. 811310,
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(4) those professional, scientific and technical
service activities defined or classified in the
NAICS Manual under U.S. Industry Nos. 541710 and
541380,
(5) distribution centers for retail or wholesale
businesses defined or classified in the NAICS
Manual under Sector No. 42, if forty percent
(40%) or more of the inventory processed through
such warehouse is shipped out-of-state,
(6) those adjustment and collection service
activities defined or classified in the NAICS
Manual under U.S. Industry No. 561440, if
seventy-five percent (75%) of the loans to be
serviced were made by out-of-state debtors,
(7) (a) those air transportation activities defined
or classified in the NAICS Manual under
Industry Group No. 4811, if the following
facilities are located in this state:
(i) the corporate headquarters of an
establishment classified therein, and
(ii) a facility or facilities at which
reservations for transportation
provided by such an establishment are
processed, whether such services are
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performed by employees of the
establishment, by employees of a
subsidiary of or other entity
affiliated with the establishment or by
employees of an entity with whom the
establishment has contracted for the
performance of such services; provided,
this provision shall not disqualify an
establishment which uses an out-of-
state entity or employees for some
reservations services, or
(b) those air transportation activities defined
or classified in the NAICS Manual under
Industry Group No. 4811, if an establishment
classified therein has or will have within
one (1) year sales of at least seventy-five
percent (75%) of its total sales, as
determined by the Incentive Approval
Committee pursuant to the provisions of
subsection B of this section, to out-of-
state customers or buyers, to in-state
customers or buyers if the product or
service is resold by the purchaser to an
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out-of-state customer or buyer for ultimate
use, or to the federal government,
(8) flight training services activities defined or
classified in the NAICS Manual under U.S.
Industry Group No. 611512, which for purposes of
the Oklahoma Quality Jobs Program Act shall
include new direct jobs for which gross payroll
existed on or after January 1, 2003, as
identified in the NAICS Manual,
(9) the following, if an establishment classified
therein has or will have within one (1) year
sales of at least seventy-five percent (75%) of
its total sales, as determined by the Incentive
Approval Committee pursuant to the provisions of
subsection B of this section, to out-of-state
customers or buyers, to in-state customers or
buyers if the product or service is resold by the
purchaser to an out-of-state customer or buyer
for ultimate use, or to the federal government:
(a) those transportation and warehousing
activities defined or classified in the
NAICS Manual under Industry Subsector No.
493, if not otherwise listed in this
paragraph, Industry Subsector Nos. 482 and
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484 and Industry Group Nos. 4884 through
4889,
(b) those passenger transportation activities
defined or classified in the NAICS Manual
under Industry Nos. 561510 and 561599,
(c) those freight or cargo transportation
activities defined or classified in the
NAICS Manual under Industry No. 541614,
(d) those insurance activities defined or
classified in the NAICS Manual under
Industry Group No. 5241,
(e) those services to dwellings and other
buildings, as defined or classified in the
NAICS Manual under Industry Group No. 5617,
excluding U.S. Industry Nos. 561730, 56171,
56172, 56174 and 56179,
(f) those equipment rental and leasing
activities defined or classified in the
NAICS Manual under Industry Group No. 5324,
(g) those information technology and other
computer-related service activities defined
or classified in the NAICS Manual under
Industry Group Nos. 5112, 5182, 5191 and
5415,
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(h) those business support service activities
defined or classified in the NAICS Manual
under U.S. Industry Nos. 561410 through
561430, excluding 56143, and Industry No.
51911,
(i) those medical and diagnostic laboratory
activities defined or classified in the
NAICS Manual under Industry Group No. 6215,
(j) those professional, scientific and technical
service activities defined or classified in
the NAICS Manual under Industry Group Nos.
5412, 5414, 5415, 5416 and 5417, Industry
Nos. 54131, 54133, 54136 and 54137, and U.S.
Industry No. 541990, if not otherwise listed
in this paragraph,
(k) those communication service activities
defined or classified in the NAICS Manual
under Industry Nos. 51741 and 51791,
(l) those refuse systems activities defined or
classified in the NAICS Manual under
Industry Group No. 5622, provided that the
establishment is primarily engaged in the
capture and distribution of methane gas
produced within a landfill,
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(m) general wholesale distribution of groceries,
defined or classified in the NAICS Manual
under Industry Group Nos. 4244 and 4245,
(n) those activities relating to processing of
insurance claims, defined or classified in
the NAICS Manual under U.S. Industry Nos.
524210 and 524292; provided, activities
described in U.S. Industry Nos. 524210 and
524292 in the NAICS Manual other than
processing of insurance claims shall not be
included for purposes of this subdivision,
(o) those agricultural activities classified in
the NAICS Manual under U.S. Industry Nos.
112120 and 112310,
(p) those professional organization activities
classified in the NAICS Manual under U.S.
Industry No. 813920,
(q) alternative energy structure construction
classified in the NAICS Manual under U.S.
Industry No. 237130,
(r) solar reflective coating application
classified in the NAICS Manual under U.S.
Industry No. 238160,
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(s) solar heating equipment installation
classified in the NAICS Manual under U.S.
Industry No. 238220,
(t) those wired telecommunications carriers
classified in the NAICS Manual under U.S.
Industry No. 517110, and
(u) those securities, commodity contracts and
investment activities classified in the
NAICS Manual under Industry Subsector No.
523,
(10) those activities related to extraction or
pipeline transportation of petroleum, natural gas
or refined petroleum products, defined or
classified in the NAICS Manual under Industry
Group No. 2111, 213111, 213112 or 486, subject to
the limitations provided in paragraph 3 of this
subsection and paragraph 3 of subsection B of
this section,
(11) those activities performed by the federal
civilian workforce at a facility of the Federal
Aviation Administration located in this state if
the Director of the Oklahoma Department of
Commerce determines or is notified that the
federal government is soliciting proposals or
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otherwise inviting states to compete for
additional federal civilian employment or
expansion of federal civilian employment at such
facilities,
(12) those activities defined or classified in the
NAICS Manual under U.S. Industry No. 711211 (2007
version),
(13) those real estate or brokerage activities
classified in the NAICS Manual under U.S.
Industry No. 53120 for which at least seventy-
five percent (75%) of the establishment’s
revenues are attributed to out-of-state sales and
at least seventy-five percent (75%) of the real
estate transactions generating those revenues are
attributed to real property located outside the
State of Oklahoma, or
(14) those support activities for rail transportation
and those support activities for water
transportation defined or classified in the NAICS
Manual under U.S. Industry Nos. 4882 and 4883.
b. An establishment described in subparagraph a of this
paragraph shall not be considered to be engaged in a
basic industry unless it offers, or will offer within
one hundred eighty (180) days of employment, a basic
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health benefits plan to the individuals it employs in
new direct jobs in this state which is determined by
the Oklahoma Department of Commerce to consist of the
following elements or elements substantially
equivalent thereto:
(1) not more than fifty percent (50%) of the premium
shall be paid by the employee,
(2) coverage for basic hospital care,
(3) coverage for physician care,
(4) coverage for mental health care,
(5) coverage for substance abuse treatment,
(6) coverage for prescription drugs, and
(7) coverage for prenatal care;
2. “Change-in-control event” means the transfer to one or more
unrelated establishments or unrelated persons, of either:
a. beneficial ownership of more than fifty percent (50%)
in value and more than fifty percent (50%) in voting
power of the outstanding equity securities of the
transferred establishment, or
b. more than fifty percent (50%) in value of the assets
of an establishment.
A transferor shall be treated as related to a transferee if more
than fifty percent (50%) of the voting interests of the transferor
and transferee are owned, directly or indirectly, by the other or
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are owned, directly or indirectly, by the same person or persons,
unless such transferred establishment has an outstanding class of
equity securities registered under Sections 12(b) or 15(d) of the
Securities Exchange Act of 1934, as amended, in which event the
transferor and transferee will be treated as unrelated; provided, an
establishment applying for the Oklahoma Quality Jobs Program Act as
a result of a change-in-control event is required to apply within
one hundred eighty (180) days of the change-in-control event to
qualify for consideration. An establishment entering the Oklahoma
Quality Jobs Program Act as the result of a change-in-control event
shall be required to maintain a level of new direct jobs as agreed
to in its contract with the Oklahoma Department of Commerce and to
pay new direct jobs an average annualized wage which equals or
exceeds one hundred twenty-five percent (125%) of the average county
wage as that percentage is determined by the Oklahoma Department of
Commerce based upon the most recent U.S. Department of Commerce data
for the county in which the new jobs are located. For purposes of
this paragraph, healthcare premiums paid by the applicant for
individuals in new direct jobs shall not be included in the
annualized wage. Such establishment entering the Oklahoma Quality
Jobs Program Act as the result of a change-in-control event shall be
required to retain the contracted average annualized wage and
maintain the contracted maintenance level of new direct jobs numbers
as certified by the Tax Commission. If the required average
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annualized wage or the required new direct jobs numbers do not equal
or exceed such contracted level during any quarter, the quarterly
incentive payments shall not be made and shall not be resumed until
such time as such requirements are met. An establishment described
in this paragraph shall be required to repay all incentive payments
received under the Oklahoma Quality Jobs Program Act if the
establishment is determined by the Tax Commission to no longer have
business operations in the state within three (3) years from the
beginning of the calendar quarter for which the first incentive
payment claim is filed;
3. “New direct job”:
a. means full-time-equivalent employment in this state in
an establishment which has qualified to receive an
incentive payment pursuant to the provisions of the
Oklahoma Quality Jobs Program Act which employment did
not exist in this state prior to the date of approval
by the Department of the application of the
establishment pursuant to the provisions of Section
3604 of this title and with respect to an
establishment qualifying for incentive payments
pursuant to division (12) of subparagraph a of
paragraph 1 of this subsection shall not include
compensation paid to an employee or independent
contractor for an athletic contest conducted in the
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state if the compensation is paid by an entity that
does not have its principal place of business in the
state or that does not own real or personal property
having a market value of at least One Million Dollars
($1,000,000.00) located in the state, and the
employees or independent contractors of such entity
are compensated to compete against the employees or
independent contractors of an establishment that
qualifies for incentive payments pursuant to division
(12) of subparagraph a of paragraph 1 of this
subsection and which is organized under Oklahoma law
or that is lawfully registered to do business in the
state and which does have its principal place of
business located in the state and owns real or
personal property having a market value of at least
One Million Dollars ($1,000,000.00) located in the
state; provided, that if an application of an
establishment is approved by the Oklahoma Department
of Commerce after a change-in-control event and the
Director of the Oklahoma Department of Commerce
determines that the jobs located at such establishment
are likely to leave the state, “new direct job” shall
include employment that existed in this state prior to
the date of application which is retained in this
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state by the new establishment following a change in
control event, if such job otherwise qualifies as a
new direct job, and
b. shall include full-time-equivalent employment in this
state of employees who are employed by an employment
agency or similar entity other than the establishment
which has qualified to receive an incentive payment
and who are leased or otherwise provided under
contract to the qualified establishment, if such job
did not exist in this state prior to the date of
approval by the Department of the application of the
establishment or the job otherwise qualifies as a new
direct job following a change-in-control event. The
leasing of employees by the establishment or employees
provided under contract with an establishment shall
constitute an employer-employee relationship between
those employees and the establishment. A job shall be
deemed to exist in this state prior to approval of an
application if the activities and functions for which
the particular job exists have been ongoing at any
time within six (6) months prior to such approval.
With respect to establishments defined in division
(10) of subparagraph a of paragraph 1 of this
subsection, new direct jobs shall be limited to those
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jobs directly comprising the corporate headquarters of
or directly relating to manufacturing, maintenance,
administrative, financial, engineering, surveying,
geological or geophysical services performed by the
establishment. Under no circumstances shall
employment relating to field services be considered
new direct jobs;
4. “Estimated direct state benefits” means the tax revenues
projected by the Department to accrue to the state as a result of
new direct jobs;
5. “Estimated direct state costs” means the costs projected by
the Department to accrue to the state as a result of new direct
jobs. Such costs shall include, but not be limited to:
a. the costs of education of new state resident children,
b. the costs of public health, public safety and
transportation services to be provided to new state
residents,
c. the costs of other state services to be provided to
new state residents, and
d. the costs of other state services;
6. “Estimated net direct state benefits” means the estimated
direct state benefits less the estimated direct state costs;
7. “Net benefit rate” means the estimated net direct state
benefits computed as a percentage of gross payroll; provided:
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a. except as otherwise provided in this paragraph, the
net benefit rate may be variable and shall not exceed
five percent (5%),
b. the net benefit rate shall not exceed six percent (6%)
in connection with an establishment which is owned and
operated by an entity which has been awarded a United
States Department of Defense contract for which:
(1) bids were solicited and accepted by the United
States Department of Defense from facilities
located outside this state,
(2) the term is or is renewable for not less than
twenty (20) years, and
(3) the average annual salary, excluding benefits
which are not subject to Oklahoma income taxes,
for new direct jobs created as a direct result of
the awarding of the contract is projected by the
Oklahoma Department of Commerce to equal or
exceed Forty Thousand Dollars ($40,000.00) within
three (3) years of the date of the first
incentive payment,
c. except as otherwise provided in subparagraph d of this
paragraph, in no event shall incentive payments,
cumulatively, exceed the estimated net direct state
benefits,
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d. the net benefit rate shall be five percent (5%) for an
establishment locating:
(1) in an opportunity zone located in a high-
employment county, as such terms are defined in
subsection G of Section 3604 of this title, or
(2) in a county in which:
(a) the per capita personal income, as
determined by the Department, is eighty-five
percent (85%) or less of the statewide
average per capita personal income,
(b) the population has decreased over the
previous ten (10) years, as determined by
the Oklahoma Department of Commerce based on
the most recent U.S. Department of Commerce
data, or
(c) the unemployment rate exceeds the lesser of
five percent (5%) or two percentage points
above the state average unemployment rate as
certified by the Oklahoma Employment
Security Commission,
e. the net benefit rate shall not exceed six percent (6%)
in connection with an establishment which:
(1) is, as of the date of application, receiving
incentive payments pursuant to the Oklahoma
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Quality Jobs Program Act and has been receiving
such payments for at least one (1) year prior to
the date of application, and
(2) expands its operations in this state by creating
additional new direct jobs which pay average
annualized wages which equal or exceed one
hundred fifty percent (150%) of the average
annualized wages of new direct jobs on which
incentive payments were received during the
preceding calendar year,
f. with respect to an establishment defined or classified
in the NAICS Manual under U.S. Industry No. 711211
(2007 version) or any establishment defined or
classified in the NAICS Manual as a U.S. Industry
Number which is not included within the definition of
“basic industry” as such term is defined in this
section on April 17, 2008, the net benefit rate shall
not exceed the highest rate of income tax imposed upon
the Oklahoma taxable income of individuals pursuant to
subparagraph (g) or subparagraph (h), as applicable,
of paragraph 1 and paragraph 2 of subsection B of
Section 2355 of this title. Any change in such
highest rate of individual income tax imposed pursuant
to the provisions of Section 2355 of this title shall
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be applicable to the computation of incentive payments
to an establishment as described by this subparagraph
and shall be effective for purposes of incentive
payments based on payroll paid by such establishment
on or after January 1 of any applicable year for which
the net benefit rate is modified as required by this
subparagraph, and
g. the net benefit rate shall not exceed six percent (6%)
in connection with an establishment which employs
United States military veterans in at least ten
percent (10%) of its gross payroll. The net benefit
rate for an establishment which employs United States
military veterans in at least ten percent (10%) of its
payroll shall not be lower than five percent (5%).
Incentive payments made pursuant to the provisions of this
subparagraph shall be based upon payroll associated with such new
direct jobs. For purposes of this subparagraph, the amount of
health insurance premiums or other benefits paid by the
establishment shall not be included for purposes of computation of
the average annualized wage;
8. “Gross payroll” means wages, as defined in Section 2385.1 of
this title for new direct jobs;
9. a. “Establishment” means any business or governmental
entity, no matter what legal form, including, but not
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limited to, a sole proprietorship; partnership;
limited liability company; corporation or combination
of corporations which have a central parent
corporation which makes corporate management decisions
such as those involving consolidation, acquisition,
merger or expansion; federal agency; political
subdivision of the State of Oklahoma; or trust
authority; provided, distinct, identifiable subunits
of such entities may be determined to be an
establishment, for all purposes of the Oklahoma
Quality Jobs Program Act, by the Department subject to
the following conditions:
(1) within three (3) years of the first complete
calendar quarter following the start date, the
entity must have a minimum payroll of Two Million
Five Hundred Thousand Dollars ($2,500,000.00) and
the subunit must also have or will have a minimum
payroll of Two Million Five Hundred Thousand
Dollars ($2,500,000.00),
(2) the subunit is engaged in an activity or service
or produces a product which is demonstratively
independent and separate from the entity’s other
activities, services or products and could be
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conducted or produced in the absence of any other
activity, service or production of the entity,
(3) has an accounting system capable of tracking or
facilitating an audit of the subunit’s payroll,
expenses, revenue and production. Limited
interunit overlap of administrative and
purchasing functions shall not disqualify a
subunit from consideration as an establishment by
the Department,
(4) the entity has not previously had a subunit
determined to be an establishment pursuant to
this section; provided, the restriction set forth
in this division shall not apply to subunits
which qualify pursuant to the provisions of
subparagraph b of paragraph 7 of this subsection,
and
(5) it is determined by the Department that the
entity will have a probable net gain in total
employment within the incentive period.
b. The Department may promulgate rules to further limit
the circumstances under which a subunit may be
considered an establishment. The Department shall
promulgate rules to determine whether a subunit of an
entity achieves a net gain in total employment. The
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Department shall establish criteria for determining
the period of time within which such gain must be
demonstrated and a method for determining net gain in
total employment;
10. “NAICS Manual” means any manual, book or other publication
containing the North American Industry Classification System, United
States, 1997, promulgated by the Office of Management and Budget of
the United States of America, or the latest revised edition;
11. “Qualified federal contract” means a contract between an
agency or instrumentality of the United States government, including
but not limited to the Department of Defense or any branch of the
United States Armed Forces, but exclusive of any contract performed
for the Federal Emergency Management Agency as a direct result of a
natural disaster declared by the Governor or the President of the
United States with respect to damage to property located in Oklahoma
or loss of life or personal injury to persons in Oklahoma, and a
lawfully recognized business entity, whether or not the business
entity is organized under the laws of the State of Oklahoma or
whether or not the principal place of business of the business
entity is located within the State of Oklahoma, for the performance
of services, including but not limited to testing, research,
development, consulting or other services in a basic industry, if
the contract involves the performance of such services performed on
or after July 1, 2009, by the employees of the business entity
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within the State of Oklahoma or if the contract involves the
performance of such services performed on or after July 1, 2009, by
employees of a lawfully recognized business entity that is a
subcontractor of the business entity with which the prime contract
has been formed. A qualified federal contract described in this
paragraph shall not qualify unless both the qualified federal
contractor and any subcontractors originally involved in the work or
added subsequently during the period of performance verify to the
qualified federal contractor verifier that it offers, or will offer
within one hundred eighty (180) days of employment of its respective
employees, a basic health benefits plan as described in subparagraph
b of paragraph 1 of this subsection to individuals who perform
qualified labor hours in this state;
12. “Qualified federal contractor verifier” means a nonprofit
entity organized under the laws of the State of Oklahoma, having an
affiliation with a comprehensive university which is part of The
Oklahoma State System of Higher Education, and having the following
characteristics:
a. established multiyear classified and unclassified
indefinite-delivery/indefinite-quantity federal
contract vehicles in excess of Fifty Million Dollars
($50,000,000.00),
b. current capability to sponsor and maintain personnel
security clearances and authorized by the federal
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government to handle and perform classified work up to
the Top Secret Sensitive Compartmented Information
levels,
c. at least one on-site federally certified Sensitive
Compartmented Information Facility,
d. on-site secure mass data storage complex with the
capability of isolating, segregating and protecting
corporate proprietary and classified information,
e. trusted agent status by maintaining no ownership of,
vested interest in, nor royalty production from any
intellectual property,
f. at least one hundred thousand (100,000) square feet of
configurable laboratory and support space,
g. the direct access to restricted air space through a
formalized memorandum of agreement with the Department
of Defense,
h. at least five thousand (5,000) acres available for
outdoor testing and training facilities, and
i. the ability to house state-of-the-art surety
facilities, including chemical, biological,
radiological, explosives, electronics, and unmanned
systems laboratories and ranges;
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13. “SIC Manual” means the 1987 revision to the Standard
Industrial Classification Manual, promulgated by the Office of
Management and Budget of the United States of America;
14. “Start date” means the date on which an establishment may
begin accruing benefits for the creation of new direct jobs, which
date shall be determined by the Department;
15. “Effective date” means the date of approval of a contract
under which incentive payments will be made pursuant to the Oklahoma
Quality Jobs Program Act, which shall be the date the signed and
accepted incentive contract is received by the Department; provided,
an approved project may have a start date which is different from
the effective date;
16. “Total qualified labor hours” means the reimbursed payment
amount for hours of work performed by the State of Oklahoma
workforce of a qualified federal contractor or the State of Oklahoma
workforce of a subcontractor of a qualified federal contractor and
which are required for the full performance of a qualified federal
contract;
17. “Qualified labor rate” means the fully reimbursed labor
rate paid through a qualified federal contract for qualified labor
hours to the qualified federal contractor or subcontractor;
18. “Qualified federal contractor” means a business entity:
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a. maintaining a prime contract with the federal
government as defined in paragraph 11 of this
subsection,
b. providing notice of intent to apply to the Department
within one hundred eighty (180) days of July 1, 2010,
or one hundred eighty (180) days of the date of the
award of a qualified federal contract or award of a
new qualified subcontract under an existing qualified
federal contract, and
c. adding substantively to the contract by performing at
least eight percent (8%) of the total labor whether
qualified and nonqualified labor as determined by the
federal contractor verifier on a direct contract or
individual task order or delivery order on an
indefinite-delivery/indefinite-quantity or other
blanket contract vehicle.
Should a prime contractor provide notice to the Department of
its intent not to apply for incentive for a qualified federal
contract or fails to qualify under the criteria above,
subcontractors in order of tier ranking as determined by the federal
contract verifier may assume the role of the prime and apply to
become a qualified federal contractor provided the entity meets the
same criteria above with the exception that notice of intent to
apply with the Department must be provided within sixty (60) days of
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the prime’s disqualification or one hundred eighty (180) days of the
award of its subcontract, whichever is later; and
19. “Proxy establishment” means a public trust which:
a. is organized and existing under Section 176 of Title
60 of the Oklahoma Statutes for the benefit of a
geographic area which includes a city or county or
some combination thereof, and
b. benefits a geographic area where new direct jobs which
meet the requirements of the Oklahoma Quality Jobs
Program Act are created by an establishment, other
than the proxy establishment, which is a branch of the
Armed Forces of the United States.
A proxy establishment may be determined to be an establishment
for all purposes of the Oklahoma Quality Jobs Program Act by the
Department and incentive payments may be made to such proxy
establishment for new direct jobs otherwise qualified pursuant to
the Oklahoma Quality Jobs Program Act. The Department may
promulgate rules to further specify the circumstances under which a
proxy establishment may be considered an establishment for the
purposes of making application for incentive payments pursuant to
the Oklahoma Quality Jobs Program Act. Provided however, that with
respect to any data on qualifying direct new jobs from a branch of
the Armed Forces of the United States, such rules shall only require
a proxy establishment to provide such data as would otherwise be
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publicly releasable by the branch of the Armed Forces of the United
States.
B. The Incentive Approval Committee is hereby created and shall
consist of the Director Chief Operating Officer of the Office of
Management and Enterprise Services, the Director of the Department
and one member of the Oklahoma Tax Commission appointed by the Tax
Commission, or a designee from each agency approved by such member.
It shall be the duty of the Committee to determine the eligibility
of all applicants for the Oklahoma Quality Jobs Program Act, subject
to the applicable requirements.
C. For an establishment defined as a “basic industry” pursuant
to division (4) of subparagraph a of paragraph 1 of subsection A of
this section, the Incentive Approval Committee shall consist of the
members provided by subsection B of this section and the Executive
Director of the Oklahoma Center for the Advancement of Science and
Technology, or a designee from the Center appointed by the Executive
Director.
SECTION 531. AMENDATORY 68 O.S. 2021, Section 3625, is
amended to read as follows:
Section 3625. A. There is hereby created in the State Treasury
a revolving fund for the Oklahoma Tax Commission to be designated
the "Oklahoma Film Enhancement Rebate Program Revolving Fund". The
fund shall be a continuing fund, not subject to fiscal year
limitations, and shall consist of all monies received by the Tax
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Commission which are specifically required by law to be deposited in
the fund, any public or private donations, contributions, and gifts
received for the benefit of the fund and any amounts appropriated by
the Oklahoma Legislature. All monies accruing to the credit of the
fund are hereby appropriated and may be budgeted and expended by the
Tax Commission for the purpose of paying rebates as provided in this
act. Expenditures from the fund shall be made upon warrants issued
by the State Treasurer against claims filed as prescribed by law
with the Director Chief Operating Officer of the Office of
Management and Enterprise Services for approval and payment.
B. The Oklahoma Tax Commission shall apportion, from the
revenues which would otherwise be apportioned to the General Revenue
Fund pursuant to subparagraph a of paragraph 1 of Section 2352 of
this title, an amount that the Commission estimates to be necessary
to pay the rebates provided by Section 3624 of this title to the
Oklahoma Film Enhancement Rebate Program Revolving Fund.
SECTION 532. AMENDATORY 68 O.S. 2021, Section 3639, is
amended to read as follows:
Section 3639. A. There is hereby created in the State Treasury
a revolving fund for the Oklahoma Tax Commission to be designated
the "Filmed in Oklahoma Program Revolving Fund". The fund shall be
a continuing fund, not subject to fiscal year limitations, and shall
consist of all monies received by the Tax Commission which are
specifically required by law to be deposited in the fund, any public
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or private donations, contributions and gifts received for the
benefit of the fund and any amounts appropriated by the Oklahoma
Legislature. All monies accruing to the credit of the fund are
hereby appropriated and may be budgeted and expended by the Tax
Commission for the purpose of paying rebates as provided in this
act. Expenditures from the fund shall be made upon warrants issued
by the State Treasurer against claims filed as prescribed by law
with the Director Chief Operating Officer of the Office of
Management and Enterprise Services for approval and payment.
B. Any unencumbered funds remaining in the Filmed in Oklahoma
Program Revolving Fund upon the expiration of this act as provided
in Section 11 of this act shall be transferred to the State
Treasurer for deposit in the General Revenue Fund.
SECTION 533. AMENDATORY Section 6, Chapter 380, O.S.L.
2025 (68 O.S. Supp. 2025, Section 3642.6), is amended to read as
follows:
Section 3642.6. A. There is hereby created in the State
Treasury a revolving fund for the Oklahoma Tax Commission to be
designated the "Bringing Sitcoms Home from Hollywood Pilot Program
Revolving Fund". The fund shall be a continuing fund, not subject
to fiscal year limitations, and shall consist of all monies received
by the Tax Commission which are specifically required by law to be
deposited in the fund, any public or private donations,
contributions and gifts received for the benefit of the fund and any
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amounts appropriated by the Oklahoma Legislature. All monies
accruing to the credit of the fund are hereby appropriated and may
be budgeted and expended by the Tax Commission for the purpose of
paying rebates as provided in this act. Expenditures from the fund
shall be made upon warrants issued by the State Treasurer against
claims filed as prescribed by law with the Director Chief Operating
Officer of the Office of Management and Enterprise Services for
approval and payment.
B. Funds from the Bringing Sitcoms Home from Hollywood Pilot
Program Revolving Fund shall only be used for the purpose of live
audience episodic series filmed in Oklahoma with a live studio
audience.
C. Any unencumbered funds remaining in the Bringing Sitcoms
Home from Hollywood Pilot Program Revolving Fund, upon the
expiration of this act, shall be transferred to the State Treasurer
for deposit in the General Revenue Fund.
SECTION 534. AMENDATORY Section 6, Chapter 66, O.S.L.
2022, as amended by Section 2, Chapter 1, O.S.L. 2023 (68 O.S. Supp.
2025, Section 3645.6), is amended to read as follows:
Section 3645.6. A. There is hereby created in the State
Treasury a fund for the Oklahoma Tax Commission to be designated the
"Large-scale Economic Activity and Development Fund", also known as
the "LEAD Fund". The fund shall be a continuing fund, not subject
to fiscal year limitations, and shall consist of all monies
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designated for deposit to the fund by law. All monies accruing to
the credit of the fund are hereby appropriated and may be budgeted
and expended by the Tax Commission for the purpose of paying rebates
as provided in the Large-scale Economic Activity and Development Act
of 2022. Expenditures from such fund shall be made upon warrants
issued by the State Treasurer against claims filed as prescribed by
law with the Director Chief Operating Officer of the Office of
Management and Enterprise Services for approval and payment.
B. All unencumbered funds remaining in the Large-scale Economic
Activity and Development Fund upon the expiration of the Large-scale
Economic Activity and Development Act of 2022 shall be transferred
to the State Treasurer for deposit in the General Revenue Fund.
C. If the Oklahoma Department of Commerce has not received a
binding commitment from a primary establishment for an investment
determined by the Department to qualify for payment under the
provisions of division (1) of subparagraph a of paragraph 1 of
subsection E of Section 3645.4 of this title by April 15, 2023, all
unencumbered funds remaining in the Large-scale Economic Activity
and Development Fund shall be transferred to the State Treasurer for
deposit in the General Revenue Fund of the State Treasury for the
fiscal year ending June 30, 2022.
SECTION 535. AMENDATORY Section 5, Chapter 309, O.S.L.
2025 (68 O.S. Supp. 2025, Section 3647.5), is amended to read as
follows:
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Section 3647.5. A. There is hereby created in the State
Treasury a revolving fund for the State Treasurer to be designated
the "ROA-25 Revolving Fund". The fund shall be a continuing fund,
not subject to fiscal year limitations, and shall consist of all
monies lawfully directed for deposit to the fund. All monies
accruing to the credit of said fund are hereby appropriated and upon
communication from the Department of Commerce of a satisfactory
feasibility study of such project participating in the
Reindustrialize Oklahoma Act of 2025, shall be budgeted and expended
by the State Treasurer for the purpose of purchasing or acquiring an
annuity or materially similar financial instrument which shall
provide to the ROA-25 Beneficiary Revolving Fund created by
subsection B of this section equal annual distributions of monies
over a fifteen-year period. Expenditures, transfers, and
distributions from said fund shall be made upon warrants issued by
the State Treasurer against claims filed as prescribed by law with
the Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment, or as otherwise
required to satisfy the requirements of this section.
B. There is hereby created in the State Treasury a beneficiary
revolving fund for the Oklahoma Department of Commerce to be
designated the "ROA-25 Beneficiary Revolving Fund". The fund shall
be a continuing fund, not subject to fiscal year limitations, and
shall consist of all distributions of the financial instrument
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financed through subsection A of this section. All monies accruing
to the credit of said beneficiary revolving fund are hereby
appropriated and shall be budgeted, expended, and distributed by the
Oklahoma Department of Commerce in accordance with the provisions of
the Reindustrialize Oklahoma Act of 2025. Expenditures, transfers,
and distributions from said fund shall be made upon warrants issued
by the State Treasurer against claims filed as prescribed by law
with the Director Chief Operating Officer of the Office of
Management and Enterprise Services for approval and payment.
C. The State Treasurer is authorized to establish a custodial
account within the Treasury, and enter a contractual relationship
for custodial account services with a private institution as needed,
to administer the provisions of this section.
D. All unencumbered funds remaining in the Funds created in
subsections A and B of this section on or after the expiration of
the Reindustrialize Oklahoma Act of 2025 shall be transferred to the
State Treasurer for deposit in the General Revenue Fund.
SECTION 536. AMENDATORY 68 O.S. 2021, Section 6512, is
amended to read as follows:
Section 6512. There is hereby created in the State Treasury a
revolving fund for the Oklahoma Department of Transportation to be
designated the "Driving on Road Infrastructure with Vehicles of
Electricity (DRIVE) Revolving Fund". The fund shall be a continuing
fund, not subject to fiscal year limitations, and shall consist of
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all monies received by the Department of Transportation from sources
provided by law. All monies accruing to the credit of said fund are
hereby appropriated and may be budgeted and expended by the
Department of Transportation for the purpose of administering the
provisions of this act. Expenditures from said fund shall be made
upon warrants issued by the State Treasurer against claims filed as
prescribed by law with the Director Chief Operating Officer of the
Office of Management and Enterprise Services for approval and
payment.
SECTION 537. AMENDATORY 68 O.S. 2021, Section 50001, is
amended to read as follows:
Section 50001. A. There is hereby levied upon percentages of
fire insurance gross premiums from a sum of the following lines of
insurance: fire, allied, homeowners multiperil, commercial
multiperil, growing crops, ocean marine, inland marine, auto
physical damage (including collision), and aircraft physical damage,
less returns and dividends to policyholders, which is issued in this
state by companies doing business in this state a tax of five-
sixteenths of one percent (5/16 of 1%). The percentages of fire
insurance gross premiums to be considered for taxation shall be
determined annually by the Commissioner. This tax shall be
collected annually, by the last day of February, from companies
collecting such premiums and shall be collected by the Insurance
Commissioner as other taxes on insurance are collected. The
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Insurance Commissioner shall keep a separate account of all such
monies received and shall pay the same to the State Treasurer.
B. There is hereby created in the State Treasury a fund for the
Fire Marshal Commission and the State Fire Marshal to be designated
the "Fire Marshal Fund". The fund shall consist of all monies
collected pursuant to the provisions of this section and shall be
used in the performance of duties imposed by law upon the Fire
Marshal Commission and the Office of the State Fire Marshal.
Expenditures from the Fire Marshal Fund shall be made upon warrants
issued by the State Treasurer against claims filed as prescribed by
law with the Director Chief Operating Officer of the Office of
Management and Enterprise Services for approval and payment.
Beginning July 1, 1982, all expenditures from the Fire Marshal Fund
shall be made pursuant only to legislative appropriation.
C. All monies annually collected pursuant to the provisions of
this section shall be apportioned as follows:
1. For the fiscal year beginning July 1, 2017, the first One
Million Six Hundred Thousand Dollars ($1,600,000.00) shall be
deposited in the State Fire Marshal Revolving Fund as defined in
Section 324.20b of Title 74 of the Oklahoma Statutes; provided, that
ten percent (10%) of the first One Million Six Hundred Thousand
Dollars ($1,600,000.00) shall be paid into the General Revenue Fund
of this state;
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2. For the fiscal year beginning July 1, 2018, and for every
subsequent fiscal year thereafter, the first Two Million Dollars
($2,000,000.00) shall be deposited in the Fire Marshal Fund;
provided, that ten percent (10%) of the first Two Million Dollars
($2,000,000.00) shall be paid into the General Revenue Fund of this
state; and
3. Any remaining monies not apportioned pursuant to paragraphs
1 and 2 of this subsection shall be deposited into the General
Revenue Fund of this state.
D. Employees of the Office of State Fire Marshal, other than
the State Fire Marshal, shall have salaries commensurate with those
fixed by the Merit System of Personnel Administration. All salaries
shall be payable monthly from funds available to the State Fire
Marshal. The State Fire Marshal, subject to confirmation by the
Fire Marshal Commission, shall appoint and fix the salaries of such
employees as are necessary to fulfill the duties of his office.
SECTION 538. AMENDATORY 68 O.S. 2021, Section 50014, is
amended to read as follows:
Section 50014. A. 1. There is hereby created in the State
Treasury a revolving fund for the Oklahoma Tourism and Recreation
Department, to be designated the "Oklahoma Tourism Promotion
Revolving Fund". The fund shall be a continuing fund, not subject
to fiscal year limitations, and shall consist of all monies received
by the Oklahoma Tourism and Recreation Department and apportioned to
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such fund pursuant to the provisions of Sections 1353 and 1403 of
this title and such other monies accredited to the fund pursuant to
law.
2. All monies accruing to the credit of the fund are hereby
appropriated and may be budgeted and expended by the Oklahoma
Tourism and Recreation Department for the purpose of Oklahoma
tourism promotion, as defined by Section 50011 of this title,
provided that the Department shall ensure that all areas of the
state will be adequately promoted, and all monies expended from the
fund shall reflect a consistent brand and image in the promotion of
Oklahoma tourism.
3. No monies from this revolving fund shall be transferred for
any purpose to any other state agency or be used for the purpose of
contracting with any other state agency or reimbursing any other
state agency for any expense with the exception of contracting and
payment for research work completed by an institution of The
Oklahoma State System of Higher Education. No monies from this
revolving fund shall be expended for any wage or salary of any
employee of any state agency. Expenditures from the fund shall be
made upon warrants issued by the State Treasurer against claims
filed as prescribed by law with the Director Chief Operating Officer
of the Office of Management and Enterprise Services for approval and
payment.
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B. 1. There is hereby created in the State Treasury a
revolving fund for the Oklahoma Tourism and Recreation Department,
to be designated the "Oklahoma Tourism Capital Improvement Revolving
Fund". The fund shall be a continuing fund, not subject to fiscal
year limitations, and shall consist of all monies received by the
Oklahoma Tourism and Recreation Department and apportioned to such
fund pursuant to the provisions of Sections 1353 and 1403 of this
title and such other monies accredited to the fund pursuant to law.
2. All monies accruing to the credit of the fund are hereby
appropriated and may be budgeted and expended by the Oklahoma
Tourism and Recreation Department for the purpose of funding capital
improvement projects or operations at state parks and tourist
information centers; provided, no more than twenty percent (20%) of
the amount accruing annually shall be expended for the purpose of
funding operations.
3. No monies from this revolving fund shall be transferred for
any purpose to any other state agency. Expenditures from the fund
shall be made upon warrants issued by the State Treasurer against
claims filed as prescribed by law with the Director Chief Operating
Officer of the Office of Management and Enterprise Services for
approval and payment.
SECTION 539. AMENDATORY 69 O.S. 2021, Section 404, is
amended to read as follows:
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Section 404. A. There is hereby created in the State Treasury
a revolving fund for the Department of Transportation to be
designated the "State Infrastructure Bank Revolving Fund". The fund
shall be a continuing fund, not subject to fiscal year limitations,
and shall consist of the following:
1. All monies received by the Department of Transportation as
provided in Section 403 of this title;
2. All monies received pursuant and subject to the provisions
of the National Highway System Designation Act of 1995 and the
Transportation Infrastructure Finance and Innovation Act of 1998
which are eligible for use in state revolving loan funds established
to meet the requirements of that act;
3. All monies appropriated to this fund;
4. Payments of principal and interest and penalty payments on
loans made directly from federal monies and appropriated monies in
this fund;
5. Annual state administration fees of one-half percent (1/2%)
on the outstanding loan balance; and
6. Any other sums designated for deposit to this fund from any
source, public or private.
All monies accruing to the credit of the fund are hereby
appropriated and may be budgeted and expended by the Department of
Transportation for the purposes of effectuating the provisions of
this act. Expenditures from the fund shall be made upon warrants
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issued by the State Treasurer against claims filed as prescribed by
law with the Director Chief Operating Officer of the Office of
Management and Enterprise Services for approval and payment.
B. The monies placed in the State Infrastructure Bank Revolving
Fund shall be invested by the State Treasurer as prescribed by
Section 89.2 of Title 62 of the Oklahoma Statutes. Any interest
earned by the State Treasurer shall be deposited to the credit of
the State Infrastructure Bank Revolving Fund. Monies invested by
the State Treasurer shall be available to meet the program funding
needs established by the Department of Transportation pursuant to
this act.
SECTION 540. AMENDATORY 69 O.S. 2021, Section 506, is
amended to read as follows:
Section 506. A. There is hereby created in the State Treasury
a revolving fund to be known as the "High Priority State Bridge
Revolving Fund". The fund shall be a continuing fund, not subject
to fiscal year limitations, and shall consist of all appropriations
and transfers made by the Legislature and the apportionments made
pursuant to Sections 500.6 and 500.7 of Title 68 of the Oklahoma
Statutes. All monies accruing to the credit of said fund are hereby
appropriated and may be budgeted and expended beginning with the
fiscal year ending June 30, 2008, and each fiscal year thereafter
pursuant to subsection B of this section. Expenditures from said
fund shall be made upon warrants issued by the State Treasurer
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against claims filed as prescribed by law with the Director Chief
Operating Officer of the Office of Management and Enterprise
Services for approval and payment.
B. The funds shall be used for the sole purpose of construction
or reconstruction of bridges on the state highway system that are of
the highest priority as defined by the Transportation Commission.
The fund shall be invested in whatever instruments are authorized by
law for investments by the State Treasurer and the interest earned
by any investment of monies from the fund shall be credited to the
fund which shall earn the same, if there is any unexpended balance
of such fund to which to credit the interest.
SECTION 541. AMENDATORY 69 O.S. 2021, Section 507, is
amended to read as follows:
Section 507. A. There is hereby created in the State Treasury
a revolving fund to be known as the "County Improvements for Roads
and Bridges Fund". The fund shall be a continuing fund, not subject
to fiscal year limitations, and shall consist of all appropriations
and transfers made by the Legislature and the apportionments made
pursuant to subsection L of Section 1104 of Title 47 of the Oklahoma
Statutes. All monies accruing to the credit of said fund are hereby
appropriated and may be budgeted and expended beginning with the
fiscal year ending June 30, 2008, and each fiscal year thereafter
pursuant to subsection B of this section. Expenditures from said
fund shall be made upon warrants issued by the State Treasurer
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against claims filed as prescribed by law with the Director Chief
Operating Officer of the Office of Management and Enterprise
Services for approval and payment.
B. The funds apportioned pursuant to subsection L of Section
1104 of Title 47 of the Oklahoma Statutes shall be in equal amounts
to the various Transportation Commission districts. The funds shall
be used for the sole purpose of construction or reconstruction of
county roads or bridges on the county highway system that are of the
highest priority as defined by the Transportation Commission.
Counties may accumulate annual funding for a period of up to five
(5) years for a specific project, with such funding to be held by
the Transportation Commission to the credit of the county project.
The Transportation Commission shall promulgate rules for the
administration of the process and the development of criteria for
determining the level of priority for projects and include such
projects in a five-year construction plan that will be updated
annually. Projects in the five-year construction plan shall be
contracted as provided by law and awarded by the Transportation
Commission.
C. The fund shall be invested in whatever instruments are
authorized by law for investments by the State Treasurer and the
interest earned by any investment of monies from the fund shall be
credited to the fund which shall earn the same, if there is any
unexpended balance of such fund to which to credit the interest.
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The interest credited herein shall be expended pursuant to this
section.
SECTION 542. AMENDATORY Section 1, Chapter 490, O.S.L.
2025 (69 O.S. Supp. 2025, Section 508), is amended to read as
follows:
Section 508. A. There is hereby created in the State Treasury
a revolving fund to be designated as the "Preserving and Advancing
County Transportation Fund" (PACT Fund). The fund shall be a
continuing fund, not subject to fiscal year limitations, and shall
consist of all monies directed for deposit to the fund by law
including, but not limited to, apportionments made pursuant to
paragraph 10 of subsection B of Section 1004 of Title 68 of the
Oklahoma Statutes. All monies accruing to the credit of said fund
are hereby appropriated and may be allocated, budgeted, and expended
pursuant to subsection B of this section. Expenditures from said
fund shall be made upon warrants issued by the State Treasurer
against claims filed as prescribed by law with the Director Chief
Operating Officer of the Office of Management and Enterprise
Services for approval and payment.
B. 1. Two-thirds (2/3) of the monies deposited to the credit
of the PACT Fund shall be allocated as follows:
a. to the various counties in a manner that increases a
county's per county mile highway construction and
maintenance ratio to a target ratio of Four Thousand
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Dollars ($4,000.00) per county road mile, prioritizing
counties with the lowest such ratio, until all of the
various counties reach such target ratio, and
b. any remaining amounts as follows:
(1) fifty percent (50%) shall be allocated to the
various counties in the proportion which the
certified county road miles of each county bears
to the sum of county road miles in the state, and
(2) fifty percent (50%) shall be allocated to the
various counties in the proportion which the
number of county bridges in each county according
to the most recent ODOT Bridge Summary Report for
County Bridges bears to the total sum of county
bridges in the state according to such report.
Each county treasurer shall deposit such funds to the county's
county highway fund and such funds shall be used for constructing
and maintaining the county highway system.
2. One-third (1/3) of the monies deposited to the credit of the
PACT Fund shall be used as necessary for the reconstruction of
county bridges on the portion of the county highway system defined
as major collector routes in accordance with the provisions of
Section 654 of Title 69 of the Oklahoma Statutes. Prior to any
funds for such projects being allocated, the counties shall submit
the proposed projects to the Department of Transportation, which
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shall evaluate and confirm whether the proposed projects are in
accordance with the criteria provided for in this subsection.
Bridges proposed for reconstruction will be generally evaluated
based on the state of project innovation, readiness, structural
adequacy, safety, serviceability, functional obsolescence,
essentiality for public use, structural deficiency ranking as
captured in the most recent ODOT Bridge Summary Report at the time
of submission, and special reductions for characteristics such as
detour length, traffic safety features, and current school bus
routes. Upon confirmation by the Department of Transportation that
a proposed project is in accordance with the criteria provided for
in this subsection, funds shall be allocated to the county for use
in such project.
SECTION 543. AMENDATORY 69 O.S. 2021, Section 636.3, is
amended to read as follows:
Section 636.3. A. Counties shall enter into lease or lease-
purchase contracts for road machinery and equipment pursuant to the
provisions of Sections 636.1 through 636.7 of this title or pursuant
to the provisions of Sections 1500 through 1505 of Title 19 of the
Oklahoma Statutes and may not otherwise lease road machinery or
equipment except in the case of an emergency, when specialized road
machinery or equipment for projects of short durations is required
for periods not to exceed thirty (30) days.
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B. A county shall be eligible to enter into a lease or lease-
purchase contract with the Department of Transportation for road
machinery and equipment on a priority basis determined by the county
funding classification designation during any fiscal year for the
purchase of road machinery and equipment. The county funding
classification designation shall be developed by the Department of
Transportation and the Oklahoma Cooperative Circuit Engineering
Districts Board and approved by the Oklahoma Department of
Transportation County Advisory Board. Upon approval by the
Department of Transportation County Advisory Board, the funding
classification designation shall be submitted to the Transportation
Commission for final approval. The counties receiving the least
appropriations per mile of road may receive the highest priority
rating. A county may also enter into a full warranty lease contract
for road machinery and equipment pursuant to the provisions of
subsection F of this section. Nothing in Sections 636.1 through
636.7 of this title shall prohibit a county from purchasing road
machinery and equipment if it has adequate funds appropriated during
any fiscal year for such purpose.
C. Whenever a county desires to lease or lease-purchase road
machinery and equipment with funds from the County Road Machinery
and Equipment Revolving Fund, it shall notify the Department of
Transportation of its requirements and specifications and shall
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provide a list of vendors from which bids will be requested for the
lease or lease-purchase agreements.
D. Upon receiving such notification from a county, the
Department shall be authorized to purchase requested road machinery
or equipment for lease or lease-purchase to that county or may lease
or lease-purchase surplus or used road machinery and equipment to a
county provided such road machinery or equipment meets the
requirements and specifications of the requesting county.
E. If there are no funds available in the County Road Machinery
and Equipment Revolving Fund, the Department of Transportation, upon
notification that a county desires to lease or lease-purchase road
machinery or equipment, shall certify to the county that there are
no funds available in the County Road Machinery and Equipment
Revolving Fund for such purposes. The county may then request the
Purchasing Director Chief Operating Officer of the Office of
Management and Enterprise Services to solicit bids or request bids
pursuant to the provisions of Section 1500 et seq. of Title 19 of
the Oklahoma Statutes to lease or lease-purchase the requested road
machinery or equipment.
F. When funds are available in the County Road Machinery and
Equipment Revolving Fund the Department of Transportation shall,
after receiving notification from a county desiring to lease or
lease-purchase equipment, authorize the county to request bids
pursuant to the provisions of this act and allocate funds equal to
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the estimated cost of the equipment or machinery requested.
However, if the lowest and best bid received by the county exceeds
the estimated purchase price of the equipment or machinery, the
county shall pay any difference above the estimated purchase price
if accepted. The county shall use the bid procedure provided for in
Section 1500 et seq. of Title 19 of the Oklahoma Statutes. The
county shall forward the lowest and best bid received to the
Department of Transportation which shall authorize the lease or
lease-purchase of the equipment or machinery.
G. A county may enter into a full warranty lease contract for
road machinery and equipment if the county has adequate funds
appropriated during any fiscal year for such purpose. Whenever a
county desires to enter into a full warranty lease contract for road
machinery or equipment, the county must notify the State Auditor and
Inspector of its intent and must provide the State Auditor and
Inspector with its requirements and specifications along with the
proper documentation to be advertised for bids. Upon receiving the
notification and documentation from a county, the State Auditor and
Inspector shall review the documentation and, upon approval, shall
forward the documentation and specifications to the State Purchasing
Division of the Office of Management and Enterprise Services. The
Purchasing Director of the Office of Management and Enterprise
Services shall solicit bids to lease the requested road machinery or
equipment according to the documentation and specifications of the
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county as approved by the State Auditor and Inspector. The term of
any full warranty lease contract authorized pursuant to this
subsection may be for any period up to one (1) year, provided the
term shall not extend beyond the end of any fiscal year, with an
option to renew such lease subject to the requirement that adequate
funds are appropriated during the fiscal year by the county for such
purpose. The State Auditor and Inspector shall prescribe the lease
forms and other documentation necessary for implementing the
provisions of this subsection.
H. Except as provided in subsection G of this section, the
Department of Transportation shall promulgate such rules and
regulations and is authorized to require from the counties such
information, forms and reports as are necessary for properly and
efficiently administering Sections 636.1 through 636.7 of this
title.
SECTION 544. AMENDATORY 69 O.S. 2021, Section 687.2, is
amended to read as follows:
Section 687.2. There is hereby created in the State Treasury a
revolving fund for the State Treasurer to be designated the
"Statewide Circuit Engineering District Revolving Fund". The fund
shall be a continuing fund, not subject to fiscal year limitations,
and shall consist of all monies received by the State Treasurer
pursuant to the provisions of Section 227.3 of Title 74 of the
Oklahoma Statutes and any other monies designated by law for deposit
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thereto. All monies accruing to the credit of the fund are hereby
appropriated and may be budgeted and expended by the State Treasurer
solely for the purpose of funding the statewide circuit engineering
board organized pursuant to Section 687.1 of this title. The State
Auditor and Inspector shall audit the Statewide Circuit Engineering
District on a yearly basis, and the statewide circuit engineering
district board shall be responsible for the cost of the audit.
Expenditures from the fund shall be made once each month upon
warrants issued by the State Treasurer against claims filed as
prescribed by law with the Director Chief Operating Officer of the
Office of Management and Enterprise Services for approval and
payment.
SECTION 545. AMENDATORY 69 O.S. 2021, Section 687.3, is
amended to read as follows:
Section 687.3. A. There is hereby created in the State
Treasury a revolving fund to be designated the "Emergency and
Transportation Revolving Fund". The fund shall be a continuing
fund, not subject to fiscal year limitations, and shall consist of
all monies received by any donations, deposits designated by law, or
appropriations. All monies accruing to the credit of the fund are
hereby appropriated and may be budgeted and expended by any
qualified county or counties pursuant to subsection B of this
section for the purpose of funding emergency or transportation
projects of a county that are reimbursable and subsection C of this
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section for the purpose of funding loans to purchase compressed
natural gas vehicles or convert fleet vehicles to compressed natural
gas. No more than fifty percent (50%) of the fund's balance at the
beginning of each fiscal year shall be expended pursuant to
subsection C of this section. The fund shall be invested in
whatever instruments are authorized by law for investments by the
State Treasurer and the interest earned by any investment of monies
from the fund shall be credited to the Statewide Circuit Engineering
District Revolving Fund created pursuant to Section 687.2 of this
title for expenditure as provided by law. Expenditures from the
Emergency and Transportation Revolving Fund shall be made upon
warrants issued by the State Treasurer against claims filed as
prescribed by law with the Director Chief Operating Officer of the
Office of Management and Enterprise Services for approval and
payment.
B. The Statewide Circuit Engineering Board shall develop and
adopt rules governing the application and qualification procedures
for counties seeking funding pursuant to subsection A of this
section. Such rules shall also specify criteria in determining
reimbursable projects and the procedures for reimbursement of the
fund upon completion of projects.
C. 1. The Statewide Circuit Engineering Board shall develop
and adopt rules governing application and qualification procedures
for counties requesting a loan pursuant to subsection A of this
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section to purchase compressed natural gas vehicles or convert
existing fleet vehicles to compressed natural gas.
2. Loans shall be provided at no interest for a maximum term of
five (5) years.
3. Counties that borrow funds for the purpose of purchasing
compressed natural gas vehicles shall provide documentation showing
that an amount of gas- or diesel-powered vehicles equal to or
greater than those purchased have been sold or disposed of.
SECTION 546. AMENDATORY 69 O.S. 2021, Section 708.2, is
amended to read as follows:
Section 708.2. A. The Department of Transportation and the
Oklahoma Turnpike Authority shall each compile a list of all persons
and entities interested in and capable of performing construction
management and design consultant services specific to the
transportation industry. The consultant list shall include, but
shall not be limited to, qualified construction managers and design
consultants capable of performing such services as solicited from
the Office of Management and Enterprise Services file on an annual
basis. The Department and the Authority shall each determine the
qualifications of the prospective construction managers and design
consultants. The construction managers and design consultants shall
be selected at the discretion of the Department or the Authority.
B. The Department or the Authority shall issue a solicitation
to construction managers or design consultants capable of providing
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the services desired. The solicitation shall, at a minimum,
contain:
1. A description and scope of the projects;
2. An estimated construction cost, anticipated starting date,
and completion date the Department or the Authority desires for the
project;
3. A certification of funds available for the construction
manager or design consultant fee, including federal, state or other
participation;
4. The closing date for construction manager or design
consultant to give notice of interest; and
5. Additional data the Department or the Authority requires
from the construction manager or design consultant. The closing
date for submission of construction manager or design consultant
notice of interest for consideration shall be within thirty (30)
days of the date the notice is issued by the Department or the
Authority.
C. The Department or the Authority shall review the
qualifications of the entities on the consultant list and shall
select no less than three and no more than five consultants per
contract for further consideration. The review shall include
consideration of the following information:
1. Professional qualifications for the type of work
contemplated;
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2. Capacity for completing the project in the specified time
period;
3. Past performance on projects of a similar nature; and
4. Percentage of work to be performed by residents of Oklahoma.
D. The Department and the Authority shall each establish a
committee which will evaluate the construction managers or design
consultants selected for consideration and rank the construction
managers or design consultants in order of preference.
E. The Department or the Authority shall enter into
negotiations with the first-choice consultant. If the Department or
Authority and the first-choice consultant cannot reach an agreement,
their negotiations shall be terminated and negotiations with the
second-choice consultant shall commence. If the Department or the
Authority and the second-choice consultant cannot reach an
agreement, their negotiations shall be terminated and negotiations
with the third-choice consultant shall commence. If the Department
or the Authority and the third-choice consultant cannot reach an
agreement, then all negotiations shall be terminated. Should the
Department or the Authority be unable to negotiate a satisfactory
contract with any of the three selected consultants, the Department
or the Authority shall reevaluate the proposed work and send out a
new notice.
F. As provided for in the Transportation Commission rules or by
Authority resolutions, the Department or the Authority shall perform
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a written evaluation of the services provided by the consultant.
This evaluation shall become a part of the Department's and the
Authority's consultant file. Failure of the consultant to perform
the prescribed work in a timely and accurate manner shall be grounds
for exclusion from the list of qualified construction managers or
design consultants until such time as the consultant can reasonably
document and demonstrate performance improvement to the satisfaction
of the Department or the Authority.
G. As provided for in the Transportation Commission rules or by
Authority resolutions, the Department or the Authority may enter
into demand services contracts for consultant services to provide a
specific project work type or activity for unspecified projects or
facilities on an as-needed basis. When soliciting and securing such
services, the Department and the Authority shall utilize the
procedure as set forth in this section.
SECTION 547. AMENDATORY 69 O.S. 2021, Section 1507, is
amended to read as follows:
Section 1507. The Department shall file budget estimates with
the Director Chief Operating Officer of the Office of Management and
Enterprise Services in the manner prescribed and at the time
required by law, for each fiscal year of the ensuing biennium
following each regular session of the Legislature. Planning of road
programs shall be on a fiscal year basis and shall show the
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estimated amount of revenue available to finance such budget from
existing revenue laws.
SECTION 548. AMENDATORY 69 O.S. 2021, Section 1512, is
amended to read as follows:
Section 1512. No obligation shall be incurred by the Department
of Transportation against the State Highway Construction and
Maintenance Fund during any fiscal year in excess of the total
amount of monies accruing to said fund during such fiscal year.
Construction contracts and purchase orders issued by the Department
of Transportation, setting forth the actual or estimated cost of
construction as consideration for the cost of work to be done or
services, supplies and equipment to be furnished, shall constitute
obligations within the meaning of this act. Monthly, bimonthly or
weekly payrolls of the Department of Transportation shall constitute
current charges and shall become obligations against the State
Highway Construction and Maintenance Fund at the time the payrolls
are filed with the Director Chief Operating Officer of the Office of
Management and Enterprise Services for payment.
SECTION 549. AMENDATORY 69 O.S. 2021, Section 1521, as
amended by Section 1, Chapter 460, O.S.L. 2025 (69 O.S. Supp. 2025,
Section 1521), is amended to read as follows:
Section 1521. A. There is hereby created in the State Treasury
a fund to be known as the "Rebuilding Oklahoma Access and Driver
Safety Fund". The fund shall be a continuing fund, not subject to
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fiscal year limitations, and shall consist of all appropriations and
transfers made by the Legislature. All monies accruing to the
credit of the fund are hereby appropriated and may be budgeted and
expended by the Department of Transportation for the purposes
authorized by subsection D of this section in amounts as authorized
by the Oklahoma Legislature. Expenditures from the fund shall be
made upon warrants issued by the State Treasurer against claims
filed as prescribed by law with the Director Chief Operating Officer
of the Office of Management and Enterprise Services for approval and
payment.
B. Beginning July 1, 2021, except for an amount equivalent to
the amount of revenue apportioned to the Rebuilding Oklahoma Access
and Driver Safety Fund pursuant to Section 500.4B of Title 68 and
Section 1104 of Title 47 of the Oklahoma Statutes and from other
sources apportioned to the Fund by law, there shall be apportioned
to the funds specified in this subsection from the monies that would
otherwise be apportioned to the General Revenue Fund by Section 2352
of Title 68 of the Oklahoma Statutes from the revenues derived
pursuant to subsections A, B and E of Section 2355 of Title 68 of
the Oklahoma Statutes amounts as follows:
1. Subject to any reductions required by subsection C of this
section, there shall be apportioned to the Rebuilding Oklahoma
Access and Driver Safety Fund:
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a. for the fiscal year beginning July 1, 2021, and for
each fiscal year thereafter, Eighty Million Dollars
($80,000,000.00), which shall be allocated and used by
the Department of Transportation first for the purpose
of making any required payments for principal,
interest or other costs of borrowing with respect to
the obligations issued pursuant to Section 341 of
Title 73 of the Oklahoma Statutes and after any such
required payment has been made then for the purposes
otherwise authorized by this section, plus
b. the total amount apportioned to the Rebuilding
Oklahoma Access and Driver Safety Fund for the
preceding fiscal year which, except for the amount
prescribed by subparagraph a of this paragraph, shall
be apportioned before any other amount is apportioned
pursuant to Section 2352 of Title 68 of the Oklahoma
Statutes, plus
c. an additional amount that is required in order for the
total apportionment to the Rebuilding Oklahoma Access
and Driver Safety Fund from all sources for such
fiscal year to equal:
(1) Five Hundred Seventy-five Million Dollars
($575,000,000.00) for the fiscal year beginning
July 1, 2021,
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(2) Five Hundred Ninety Million Dollars
($590,000,000.00) for the fiscal year beginning
July 1, 2022, and
(3) Six Hundred Ten Million Dollars ($610,000,000.00)
for the fiscal year beginning July 1, 2025, and
for each fiscal year thereafter.
All amounts apportioned pursuant to this paragraph shall be
divided into twelve equal amounts to be apportioned each month
during the fiscal year except the amount specified in subparagraph a
of this paragraph which amount shall be allocated in its full amount
in cash not later than July 30 each year or such later date as may
be required in order for the amount to be allocated in cash; and
2. For each fiscal year after the apportionments required by
paragraph 1 of this subsection have been made:
a. the next Two Million Dollars ($2,000,000.00) shall be
apportioned to the Oklahoma Tourism and Passenger Rail
Revolving Fund created pursuant to Section 325 of
Title 66 of the Oklahoma Statutes to be used for
capital and operating costs for the "Heartland Flyer"
rail project, and
b. the next Three Million Dollars ($3,000,000.00) shall
be apportioned to the Public Transit Revolving Fund
created pursuant to Section 4031 of this title to be
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used for purposes authorized by law other than the
purpose described by subparagraph a of this paragraph.
All amounts apportioned pursuant to this paragraph shall be
divided into twelve equal amounts to be apportioned each month
during the fiscal year.
C. In the event that the Director Chief Operating Officer of
the Office of Management and Enterprise Services declares a General
Revenue Fund revenue failure pursuant to Section 34.49 of Title 62
of the Oklahoma Statutes, and agency allocations are reduced
pursuant to the provisions of Section 34.49 of Title 62 of the
Oklahoma Statutes, the amounts that would otherwise be apportioned
to the ROADS Fund by:
1. Subparagraph a of paragraph 1 of subsection B of this
section, only to the extent that the amount is not required for debt
service related to the obligations authorized pursuant to Section
341 of Title 73 of the Oklahoma Statutes, Section 350 of Title 73 of
the Oklahoma Statutes and Section 1 of Enrolled House Bill No. 2896
of the 1st Session of the 58th Oklahoma Legislature;
2. Subparagraphs b and c of paragraph 1 of subsection B of this
section; and
3. Subparagraphs a and b of paragraph 2 of subsection B of this
section,
shall be reduced by a percentage equal to that required of the
General Revenue Fund appropriations to state agencies and such
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reductions shall occur during the entire fiscal year and for any
month during which such reductions are required by the Office of
Management and Enterprise Services and by the same percentage as
that required of the agencies for such General Revenue Fund
appropriations.
D. The Department of Transportation shall use the monies in the
Rebuilding Oklahoma Access and Driver Safety Fund for:
1. The construction and maintenance of state roads, bridges and
highways;
2. The direct expenses of operating and maintaining the state
highway system, including bridges;
3. Direct expenses incurred in constructing, repairing, and
maintaining state highways, farm-to-market roads, county highways
and bridges as authorized by law;
4. Matching federal funds;
5. The purchase of materials, tools, machinery, motor vehicles,
and equipment necessary or convenient for the construction and
maintenance of the state highway system and bridges;
6. Debt service incurred prior to January 1, 2006, for Capital
Improvement Program bonds sold pursuant to Section 2001 of this
title;
7. Debt service incurred on or after July 1, 2009, with respect
to obligations authorized to be issued pursuant to Section 341 of
Title 73 of the Oklahoma Statutes, Section 350 of Title 73 of the
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Oklahoma Statutes and Section 1 of Enrolled House Bill No. 2896 of
the 1st Session of the 58th Oklahoma Legislature; and
8. For fiscal years beginning on or after July 1, 2025, and
ending on or prior to June 30, 2033, Twenty Million Dollars
($20,000,000.00) per fiscal year for the construction, repair, and
maintenance of weigh stations on the state highway system.
E. From the monies allocated pursuant to the provisions of
subparagraph a of paragraph 1 of subsection B of this section each
fiscal year, the Department of Transportation shall make payments
required for the payment of principal, interest and other costs
related to the obligations issued by the Oklahoma Capitol
Improvement Authority as authorized by Section 341 of Title 73 of
the Oklahoma Statutes, Section 350 of Title 73 of the Oklahoma
Statutes and Section 1 of Enrolled House Bill No. 2896 of the 1st
Session of the 58th Oklahoma Legislature, and such payments shall be
made by the Department each fiscal year before such monies are used
for any other purpose.
SECTION 550. AMENDATORY 69 O.S. 2021, Section 1736, is
amended to read as follows:
Section 1736. There is hereby created in the State Treasury a
revolving fund for the Oklahoma Turnpike Authority to be designated
the "Honor the Fallen Revolving Fund". The fund shall be a
continuing fund, not subject to fiscal year limitations, and shall
consist of all monies deposited to the credit of the fund by law.
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All monies accruing to the credit of the fund are hereby
appropriated and may be budgeted and expended by the Oklahoma
Turnpike Authority for the purpose of repaying turnpike tolls for
the funeral procession of any member of the United States Armed
Forces, including the National Guard or Armed Forces Reserve, who is
either killed in the line of duty in a combat zone or dies of wounds
inflicted in a combat zone and who, at the time of death, was a
resident of this state. Expenditures from the fund shall be made
upon warrants issued by the State Treasurer against claims filed as
prescribed by law with the Director Chief Operating Officer of the
Office of Management and Enterprise Services for approval and
payment.
SECTION 551. AMENDATORY 69 O.S. 2021, Section 4031, is
amended to read as follows:
Section 4031. There is hereby created in the State Treasury a
revolving fund for the Department of Transportation, to be
designated the "Public Transit Revolving Fund". The fund shall be a
continuing fund, not subject to fiscal year limitations, and shall
consist of all monies received by the Department for deposit in the
fund. All monies accruing to the credit of said fund are hereby
appropriated and may be budgeted and expended by the Department for
the purpose of establishing, expanding, improving, and maintaining
rural and urban public mass transportation services. Expenditures
from said fund shall be made upon warrants issued by the State
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Treasurer against claims filed as prescribed by law with the
Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment.
SECTION 552. AMENDATORY 70 O.S. 2021, Section 1-123, is
amended to read as follows:
Section 1-123. A. There is hereby created in the State
Treasury a revolving fund for the State Board of Education to be
designated the "Public School Classroom Support Revolving Fund".
The fund shall be a continuing fund, not subject to fiscal year
limitations, and shall consist of all monies received by the State
Board of Education from the state income tax checkoff as provided
for in Section 1-122 of this title, any state-appropriated funds,
federal funds, donations, grants, contributions, and gifts from any
public or private source. All monies accruing to the credit of the
fund are hereby appropriated and may be budgeted and expended by the
State Board of Education for the purposes of providing grants to
public school classroom teachers as provided for in subsection B of
this section. Expenditures from the fund shall be made upon
warrants issued by the State Treasurer against claims filed as
prescribed by law with the Director Chief Operating Officer of the
Office of Management and Enterprise Services for approval and
payment.
B. Contingent upon the amount of funds available in the Public
School Classroom Support Revolving Fund, the State Board of
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Education shall award one or more grants annually to classroom
teachers. The grants shall be used by the classroom teacher for
supplies, materials, or equipment for the class or classes taught by
the teacher. The Board shall determine the criteria for and
establish a process for the submission of grants applications. The
applications shall be considered on a statewide competitive basis.
The Board shall promulgate rules for the implementation of the
grants issued pursuant to this section.
SECTION 553. AMENDATORY 70 O.S. 2021, Section 3-104.11,
is amended to read as follows:
Section 3-104.11. There is hereby created in the State Treasury
a revolving fund for the State Department of Education to be
designated the "Imagination Library Revolving Fund". The fund shall
be a continuing fund, not subject to fiscal year limitations, and
shall consist of all monies received by the State Department of
Education from appropriations, gifts, grants, donations and
bequests. All monies accruing to the credit of the fund are hereby
appropriated and may be budgeted and expended by the State
Department of Education for the purpose of implementing the
provisions of Section 1 of this act. Expenditures from the fund
shall be made upon warrants issued by the State Treasurer against
claims filed as prescribed by law with the Director Chief Operating
Officer of the Office of Management and Enterprise Services for
approval and payment.
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SECTION 554. AMENDATORY 70 O.S. 2021, Section 3-109, is
amended to read as follows:
Section 3-109. There is hereby created in the State Treasury a
revolving fund for the State Board of Education, to be designated
the "Curriculum Materials Revolving Fund". The fund shall consist
of curriculum guides fees paid to the Board pursuant to law. The
revolving fund shall be a continuing fund not subject to fiscal year
limitations and shall be under the control and management of the
administrative authority of the State Board of Education.
Expenditures from said fund shall be made for the purpose of
maintaining the curriculum guides process and for any other purpose
as designated by the Legislature. Warrants for expenditure shall be
drawn by the State Treasurer on claims by an authorized employee of
the State Board of Education and approved by the Director Chief
Operating Officer of the Office of Management and Enterprise
Services.
SECTION 555. AMENDATORY 70 O.S. 2021, Section 3-118, is
amended to read as follows:
Section 3-118. The Secretary of Education shall:
1. Oversee the Office of Educational Quality and
Accountability;
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2. Employ necessary personnel according to procedures
established for the employment of personnel by the Office of
Management and Enterprise Services;
3. Monitor the efforts of the public school districts to comply
with the provisions of this act and of Enrolled Senate Bill No. 183
of the 1st Session of the 42nd Oklahoma Legislature which relate to
common education;
4. Identify districts not making satisfactory progress toward
compliance with the provisions and recommend appropriate corrective
actions to the State Board of Education concerning each district so
identified;
5. Have executive responsibility for the Oklahoma Educational
Indicators Program and the annual report required pursuant to
Section 1210.531 of this title;
6. Review and make periodic public comment on the progress and
effectiveness of the State Board and State Department of Education,
the Office of the State Superintendent of Public Instruction, other
bodies created by this act, and the public schools of this state
concerning the implementation of the provisions of this act and of
Enrolled Senate Bill No. 183 of the 1st Session of the 42nd Oklahoma
Legislature which relate to common education;
7. Analyze the revenues for all systems of education and the
expenditure of common education revenue, giving close attention to
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expenditures for administrative expenses relating to the common
schools;
8. Make reports to the public concerning these matters whenever
appropriate; and
9. Submit recommendations regarding funding for education or
statutory changes to the Speaker of the House of Representatives,
the President Pro Tempore of the Senate and the Governor whenever
appropriate.
SECTION 556. AMENDATORY Section 1, Chapter 323, O.S.L.
2023 (70 O.S. Supp. 2025, Section 3-132.1), is amended to read as
follows:
Section 3-132.1. A. There is hereby created the Statewide
Charter School Board. Beginning July 1, 2024, the Board shall have
the sole authority to sponsor statewide virtual charter schools in
this state and may sponsor charter schools in this state. The Board
shall be composed of nine (9) voting members as follows:
1. Three members appointed by the Governor;
2. Two members appointed by the President Pro Tempore of the
Senate;
3. Two members appointed by the Speaker of the House of
Representatives;
4. The Superintendent of Public Instruction or his or her
designee; and
5. The State Auditor and Inspector or his or her designee.
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B. Initial appointments shall be made by October 31, 2023. The
President Pro Tempore of the Senate and the Speaker of the House of
Representatives shall each appoint one member for one (1) year and
one member for two (2) years. The Governor shall appoint one member
for one (1) year and two members for two (2) years. Members shall
serve until their successors are duly appointed for a term of three
(3) years. Appointments shall be made by and take effect on July 31
of the year in which the appointment is made. Annually by December
30 the Board shall elect from its membership a chair and vice chair.
C. A member may be removed from the Board by the appointing
authority for cause which shall include but not be limited to:
1. Being found guilty by a court of competent jurisdiction of a
felony or any offense involving moral turpitude;
2. Being found guilty of malfeasance, misfeasance, or
nonfeasance in relation to Board duties;
3. Being found mentally incompetent by a court of competent
jurisdiction; or
4. Failing to attend three successive meetings of the Board
without just cause, as determined by the Board.
D. Vacancies shall be filled by the appointing authority.
E. No member of the Senate or House of Representatives may be
appointed to the Board while serving as a member of the Legislature
or for two (2) full years following the expiration of the term of
office.
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F. Members of the Statewide Charter School Board shall not
receive compensation but shall be reimbursed for necessary travel
expenses pursuant to the provisions of the State Travel
Reimbursement Act.
G. The Statewide Charter School Board shall meet at the call of
the chair. The first meeting of the Board shall be held no later
than sixty (60) days after the effective date of this act.
H. Five members of the Board shall constitute a quorum, and an
affirmative vote of at least five members shall be required for the
Board to take any final action.
I. Beginning July 1, 2024, statewide virtual charter schools
shall be sponsored only by the Statewide Charter School Board
created pursuant to this section. Effective July 1, 2024, the
Statewide Virtual Charter School Board shall be abolished and the
Statewide Charter School Board shall succeed to any contractual
rights and responsibilities and settlement agreements incurred by
the Statewide Virtual Charter School Board in a virtual charter
school sponsorship contract executed prior to July 1, 2024.
1. All powers, duties, responsibilities, policies, personnel,
property, equipment, supplies, records, assets, funds, current and
future liabilities, encumbrances, obligations, and indebtedness of
the Statewide Virtual Charter School Board or associated with a
virtual charter school sponsorship contract entered into by the
Statewide Virtual Charter School Board prior to July 1, 2024, shall
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be transferred to the Statewide Charter School Board. No items
shall be expended or used for any purpose other than the performance
of duties and responsibilities as directed and required in this act.
Appropriate conveyances and other documents shall be executed to
effectuate the transfer of property associated with a sponsorship
contract. The Statewide Charter School Board may contract for
additional legal and administrative services as necessary to
effectuate the transfers provided in this subsection.
2. The Director Chief Operating Officer of the Office of
Management and Enterprise Services shall coordinate the transfer of
funds, allotments, purchase orders, and outstanding financial
obligations and encumbrances relating to the regulation of virtual
charter schools as transferred pursuant to the provisions of this
act.
3. Upon succession of sponsorship contracts, the Statewide
Charter School Board shall assume sponsorship of the virtual charter
schools for the remainder of the term of the contracts. Prior to
the end of the current term of the contract, the Statewide Charter
School Board shall allow a virtual charter school to apply for
renewal of the sponsorship contract in accordance with the renewal
procedures established pursuant to Section 3-137 of Title 70 of the
Oklahoma Statutes.
4. Effective July 1, 2024, all administrative rules promulgated
by the Statewide Virtual Charter School Board relating to the
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implementation and enforcement of the Oklahoma Charter Schools Act
shall be enforceable by the Statewide Charter School Board. The
rules shall continue in force and effect and the Statewide Charter
School Board shall have authority to amend, repeal, recodify, or
make additions to the rules pursuant to the Administrative
Procedures Act.
J. Effective July 1, 2024, the Statewide Charter School Board
shall succeed to any contractual rights and responsibilities and
settlement agreements incurred by the State Board of Education in a
charter school sponsorship contract executed prior to July 1, 2024.
All property, equipment, supplies, records, assets, funds, current
and future liabilities, encumbrances, obligations, and indebtedness
associated with a charter school sponsorship contract entered into
by the State Board of Education prior to July 1, 2024, shall be
transferred to the Statewide Charter School Board. Appropriate
conveyances and other documents shall be executed to effectuate the
transfer of property associated with a sponsorship contract. Upon
succession of sponsorship contracts, the Statewide Charter School
Board shall assume sponsorship of the charter schools for the
remainder of the term of the contracts. Prior to the end of the
current term of the contract, the Statewide Charter School Board
shall allow a charter school to apply for renewal of the sponsorship
contract in accordance with the renewal procedures established
pursuant to Section 3-137 of Title 70 of the Oklahoma Statutes.
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K. Beginning July 1, 2024, at the end of the current term of a
charter school sponsorship contract with a school district, an
accredited comprehensive or regional institution that is a member of
The Oklahoma State System of Higher Education, a community college,
or a federally recognized Indian tribe, a charter school may apply
for contract renewal with the Statewide Charter School Board for
sponsorship.
SECTION 557. AMENDATORY Section 3, Chapter 323, O.S.L.
2023 (70 O.S. Supp. 2025, Section 3-132.3), is amended to read as
follows:
Section 3-132.3. There is hereby created in the State Treasury
a revolving fund for the Statewide Charter School Board to be
designated the “Statewide Charter School Board Revolving Fund”. The
fund shall be a continuing fund, not subject to fiscal year
limitations, and shall consist of all monies received by the
Statewide Charter School Board from state appropriations. All
monies accruing to the credit of the fund are hereby appropriated
and may be budgeted and expended by the Statewide Charter School
Board for the purposes set forth in Section 2 of this act.
Expenditures from the fund shall be made upon warrants issued by the
State Treasurer against claims filed as prescribed by law with the
Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment.
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SECTION 558. AMENDATORY 70 O.S. 2021, Section 3-145.7,
as amended by Section 15, Chapter 323, O.S.L. 2023 (70 O.S. Supp.
2025, Section 3-145.7), is amended to read as follows:
Section 3-145.7. A. Until July 1, 2024, there is hereby
created in the State Treasury a revolving fund for the Statewide
Virtual Charter School Board to be designated the “Statewide Virtual
Charter School Board Revolving Fund”. The fund shall be a
continuing fund, not subject to fiscal year limitations, and shall
consist of all monies received by the Statewide Virtual Charter
School Board from State Aid pursuant to Section 3-145.3 of this
title or any other state appropriation. All monies accruing to the
credit of the fund are hereby appropriated and may be budgeted and
expended by the Statewide Virtual Charter School Board for the
purpose of supporting the mission of the Statewide Virtual Charter
School Board. Expenditures from the fund shall be made upon
warrants issued by the State Treasurer against claims filed as
prescribed by law with the Director Chief Operating Officer of the
Office of Management and Enterprise Services for approval and
payment.
B. On July 1, 2024, the Statewide Virtual Charter School Board
shall transfer any unencumbered funds in the Statewide Virtual
Charter School Board Revolving Fund to the Statewide Charter School
Board Revolving Fund created pursuant to Section 3 of this act. Any
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funds which are unexpended on January 1, 2025, shall be transferred
to the Statewide Charter School Board Revolving Fund.
SECTION 559. AMENDATORY Section 2, Chapter 281, O.S.L.
2023, as amended by Section 2, Chapter 408, O.S.L. 2024 (70 O.S.
Supp. 2025, Section 5-148.2), is amended to read as follows:
Section 5-148.2. A. There is hereby created in the State
Treasury a revolving fund for the State Department of Education to
be designated the "School Security Revolving Fund". The fund shall
be a continuing fund, not subject to fiscal year limitations, and
shall consist of all monies received by the State Department of
Education from:
1. Reimbursements, grants, or other monies received from other
state agencies and entities for school security;
2. Reimbursements, grants, or other monies received from the
United States government obligated to school security projects;
3. Gifts, donations, and bequests; and
4. Monies appropriated or apportioned by the Legislature.
B. All monies accruing to the credit of the School Security
Revolving Fund are hereby appropriated and may be budgeted and
expended by the State Department of Education for the purposes of:
1. Establishing and maintaining a School Resource Officer
Program; and
2. Providing physical security enhancements for schools
including, but not limited to, school resource officers, cameras,
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gates, lighting, locks, doors, windows, security geofencing,
ballistic storm shelters, and mobile panic alert systems.
Monies in the School Security Revolving Fund shall supplement
and not supplant existing school security funding.
C. Expenditures from the School Security Revolving Fund shall
be made upon warrants issued by the State Treasurer against claims
filed as prescribed by law with the Director Chief Operating Officer
of the Office of Management and Enterprise Services for approval and
payment. Expenditures from the School Security Revolving Fund shall
not exceed Fifty Million Dollars ($50,000,000.00) in any fiscal year
and shall be divided equally among every public school district in
the state.
SECTION 560. AMENDATORY Section 7, Chapter 291, O.S.L.
2023 (70 O.S. Supp. 2025, Section 6-104.9), is amended to read as
follows:
Section 6-104.9. A. There is hereby created in the State
Treasury a revolving fund for the State Board of Education to be
designated the “Public School Paid Maternity Leave Revolving Fund”.
The fund shall be a continuing fund, not subject to fiscal year
limitations, and shall consist of all monies received by the State
Board of Education from state appropriations. All monies accruing
to the credit of the fund are hereby appropriated and may be
budgeted and expended by the State Board of Education for the
purpose of reimbursing school districts for expenses related to
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providing paid maternity leave as provided for in subsection B of
this section. Expenditures from the fund shall be made upon
warrants issued by the State Treasurer against claims filed as
prescribed by law with the Director Chief Operating Officer of the
Office of Management and Enterprise Services for approval and
payment.
B. School districts in this state shall file claims with the
State Board of Education for reimbursement of expenses related to
providing eligible employees with paid maternity leave as provided
for in Section 1 of this act.
SECTION 561. AMENDATORY Section 8, Chapter 291, O.S.L.
2023 (70 O.S. Supp. 2025, Section 6-104.10), is amended to read as
follows:
Section 6-104.10. A. There is hereby created in the State
Treasury a revolving fund for the Office of Management and
Enterprise Services to be designated the “Education Employee Paid
Maternity Leave Revolving Fund”. The fund shall be a continuing
fund, not subject to fiscal year limitations, and shall consist of
all monies received by the Office of Management and Enterprise
Services from state appropriations. All monies accruing to the
credit of the fund are hereby appropriated and may be budgeted and
expended by the Office of Management and Enterprise Services for the
purpose of reimbursing agencies for expenses related to providing
paid maternity leave as provided for in subsection B of this
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section. Expenditures from the fund shall be made upon warrants
issued by the State Treasurer against claims filed as prescribed by
law with the Director Chief Operating Officer of the Office of
Management and Enterprise Services for approval and payment.
B. The Oklahoma Department of Career and Technology Education,
State Department of Rehabilitation Services, the Department of
Corrections, and the Office of Juvenile Affairs shall file claims
with the Director Chief Operating Officer of the Office of
Management and Enterprise Services for reimbursement of expenses
related to providing eligible employees with paid maternity leave as
provided for in Section 1 of this act.
SECTION 562. AMENDATORY 70 O.S. 2021, Section 6-132, is
amended to read as follows:
Section 6-132. A. Twenty Dollars ($20.00) of the fee
authorized by Section 1 of Enrolled Senate Bill No. 14 of the 1st
Session of the 56th Oklahoma Legislature, for Oklahoma License to
Educate license plates shall be deposited to the Oklahoma Teacher
Recruitment Revolving Fund created in subsection B of this section.
B. There is hereby created in the State Treasury a revolving
fund for the State Department of Education to be designated the
"Oklahoma Teacher Recruitment Revolving Fund". The fund shall be a
continuing fund, not subject to fiscal year limitations, and shall
consist of all monies received by the State Department of Education
pursuant to the provisions of subsection A of this section and any
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donations, grants and gifts from any public or private source. All
monies accruing to the credit of the fund are hereby appropriated
and may be budgeted and expended by the State Department of
Education for the purpose of operating teacher recruitment programs.
Expenditures from the fund shall be made upon warrants issued by the
State Treasurer against claims filed as prescribed by law with the
Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment.
SECTION 563. AMENDATORY 70 O.S. 2021, Section 6-187C, is
amended to read as follows:
Section 6-187C. There is hereby created in the State Treasury a
revolving fund for the Office of Educational Quality and
Accountability to be designated the "Teaching Certification
Scholarship Revolving Fund". The fund shall be a continuing fund,
not subject to fiscal year limitations, and shall consist of all
monies received by the Office of Educational Quality and
Accountability from the Legislature and any donations, grants and
gifts from any public or private source. All monies accruing to the
credit of the fund are hereby appropriated and may be budgeted and
expended by the Office of Educational Quality and Accountability for
the purpose of implementing the Teaching Certification Scholarship
Program. Expenditures from the fund shall be made upon warrants
issued by the State Treasurer against claims filed as prescribed by
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law with the Director Chief Operating Officer of the Office of
Management and Enterprise Services for approval and payment.
SECTION 564. AMENDATORY 70 O.S. 2021, Section 6-191, is
amended to read as follows:
Section 6-191. Until July 1, 1998, there is created in the
State Treasury a revolving fund for the State Board of Education, to
be designated the "Teachers' Curriculum Examination Revolving Fund".
The fund shall consist of curriculum examination fees paid to the
Board pursuant to statutory authority. The revolving fund shall be
a continuing fund not subject to fiscal year limitations and shall
be under the control and management of the administrative authority
of the State Board of Education. Expenditures from said fund shall
be made to maintain the curriculum examination process as set out in
this act. Warrants for expenditure shall be drawn by the State
Treasurer on claims signed by an authorized employee or employees of
the State Board of Education and approved by the Director Chief
Operating Officer of the Office of Management and Enterprise
Services.
On July 1, 1997, the State Board of Education shall transfer any
unencumbered funds in the Teachers' Curriculum Examination Revolving
Fund to the Teachers' Competency Examination Revolving Fund. Any
funds which are unexpended on January 1, 1998, shall be transferred
to the Teachers' Competency Examination Revolving Fund. On July 1,
1997, there shall be created in the State Treasury a revolving fund
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for the Oklahoma Commission for Teacher Preparation, to be
designated the "Teachers' Competency Examination Revolving Fund".
The fund shall consist of all monies received by the Commission from
competency examination fees paid pursuant to statutory authority.
The revolving fund shall be a continuing fund not subject to fiscal
year limitations and shall be under the control and management of
the administrative authority of the Oklahoma Commission for Teacher
Preparation. Expenditures from said fund shall be made to maintain
the competency examination process set out in the Oklahoma Teacher
Preparation Act. Warrants for expenditure shall be drawn by the
State Treasurer on claims signed by an authorized employee or
employees of the Oklahoma Commission for Teacher Preparation and
approved by the Director Chief Operating Officer of the Office of
Management and Enterprise Services.
SECTION 565. AMENDATORY 70 O.S. 2021, Section 6-204.3,
is amended to read as follows:
Section 6-204.3. There is hereby created in the State Treasury
a revolving fund for the Oklahoma Commission for Teacher Preparation
to be designated the "Education Leadership Oklahoma Revolving Fund".
The fund shall be a continuing fund, not subject to fiscal year
limitations, and shall consist of all monies appropriated or
transferred to the fund by the Legislature. All monies accruing to
the credit of the fund are hereby appropriated and may be budgeted
and expended by the Oklahoma Commission for Teacher Preparation to
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provide assistance and scholarships for candidates seeking National
Board certification. Expenditures from the fund shall be made upon
warrants issued by the State Treasurer against claims filed as
prescribed by law with the Director Chief Operating Officer of the
Office of Management and Enterprise Services for approval and
payment.
SECTION 566. AMENDATORY 70 O.S. 2021, Section 6-204.4,
is amended to read as follows:
Section 6-204.4. There is hereby created in the State Treasury
a revolving fund for the State Board of Education to be designated
the "Oklahoma National Board Certification Revolving Fund". The
fund shall be a continuing fund, not subject to fiscal year
limitations, and shall consist of all monies appropriated or
transferred to the fund by the Legislature. All monies accruing to
the credit of the fund are hereby appropriated and may be budgeted
and expended by the State Board of Education to provide an annual
bonus for those teachers possessing National Board certification.
Expenditures from the fund shall be made upon warrants issued by the
State Treasurer against claims filed as prescribed by law with the
Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment. The State Board of
Education shall transfer all funds deposited into the Oklahoma
National Board Certification Revolving Fund for the fiscal year
ending June 30, 1998, to the Education Leadership Oklahoma Revolving
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Fund, created in Section 6-204.3 of this title, less expenditures
and encumbrances as adjusted by transfer on July 1, 1998.
SECTION 567. AMENDATORY 70 O.S. 2021, Section 6-204.5,
is amended to read as follows:
Section 6-204.5. There is hereby created in the State Treasury
a revolving fund for the Oklahoma Commission for Teacher Preparation
to be designated the "Professional Development Institutes Revolving
Fund". The fund shall be a continuing fund, not subject to fiscal
year limitations, and shall consist of all monies appropriated or
transferred to the fund by the Legislature. All monies accruing to
the credit of the fund are hereby appropriated and may be budgeted
and expended by the Oklahoma Commission for Teacher Preparation to
develop and administer professional development programs for
teachers and administrators and training for residency committee
members. Expenditures shall be made upon warrants issued by the
State Treasurer against claims filed as prescribed by law with the
Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment.
SECTION 568. AMENDATORY 70 O.S. 2021, Section 6-206.1,
is amended to read as follows:
Section 6-206.1. There is hereby created in the State Treasury
a revolving fund for the State Board of Education to be designated
the "Oklahoma School Psychologist, Speech-Language Pathologist, and
Audiologist National Certification Revolving Fund". The fund shall
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be a continuing fund, not subject to fiscal year limitations, and
shall consist of all monies appropriated or transferred to the fund
by the Legislature. All monies accruing to the credit of the fund
are hereby appropriated and may be budgeted and expended by the
State Board of Education to provide an annual bonus for individuals
meeting the requirements of Section 6-206 of this title.
Expenditures from the fund shall be made upon warrants issued by the
State Treasurer against claims filed as prescribed by law with the
Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment.
SECTION 569. AMENDATORY 70 O.S. 2021, Section 9-119, is
amended to read as follows:
Section 9-119. A. There is hereby created in the State
Treasury a revolving fund for the State Board of Education to be
designated the "Cameras for School Bus Stops Revolving Fund". The
fund shall be a continuing fund, not subject to fiscal year
limitations, and shall consist of all monies received by the State
Board of Education from fines collected from school bus stop
violations pursuant to Section 11-705 of Title 47 of the Oklahoma
Statutes, any state-appropriated funds, federal funds, donations,
grants, contributions, and gifts from any public or private source.
All monies accruing to the credit of the fund are hereby
appropriated and may be budgeted and expended by the State Board of
Education for the purposes of providing grants to public school
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districts as provided for in subsection B of this section.
Expenditures from the fund shall be made upon warrants issued by the
State Treasurer against claims filed as prescribed by law with the
Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment.
B. Contingent upon the amount of funds available in the Cameras
for School Bus Stops Revolving Fund, the State Board of Education
shall award one or more grants annually to public school districts
in the state. The grants shall be used by the districts for
installation of camera equipment on buses to aid in identifying
drivers violating the provisions of Section 11-705 of Title 47 of
the Oklahoma Statutes. The Board shall determine the criteria for
and establish a process for the submission of grant applications.
The applications shall be considered on a statewide competitive
basis. The Board shall promulgate rules for the implementation of
the grants issued pursuant to this section.
SECTION 570. AMENDATORY 70 O.S. 2021, Section 11-103.6h-
1, as amended by Section 3, Chapter 264, O.S.L. 2024 (70 O.S. Supp.
2025, Section 11-103.6h-1), is amended to read as follows:
Section 11-103.6h-1. There is hereby created in the State
Treasury a revolving fund for the State Department of Education to
be designated the "Personal Financial Literacy Education Revolving
Fund". The fund shall be a continuing fund, not subject to fiscal
year limitations, and shall consist of all monies directed to be
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deposited in the fund pursuant to Section 3-211 of Title 14A of the
Oklahoma Statutes and any other monies received by the Department
for such purpose from any other public or private source. All
monies accruing to the credit of the fund are hereby appropriated
and may be budgeted and expended by the Department for the purposes
set forth in Section 11-103.6h of this title. Expenditures from the
fund shall be made upon warrants issued by the State Treasurer
against claims filed as prescribed by law with the Director Chief
Operating Officer of the Office of Management and Enterprise
Services for approval and payment.
SECTION 571. AMENDATORY 70 O.S. 2021, Section 11-103.14,
is amended to read as follows:
Section 11-103.14. There is hereby created in the State
Treasury a revolving fund for the State Department of Education to
be designated the "Health Education Revolving Fund". The fund shall
be a continuing fund, not subject to fiscal year limitations, and
shall consist of all monies received by the State Department of
Education from appropriations, gifts, donations and bequests. All
monies accruing to the credit of the fund are hereby appropriated
and may be budgeted and expended by the State Department of
Education for the purpose set forth in this act. Expenditures from
the fund shall be made upon warrants issued by the State Treasurer
against claims filed as prescribed by law with the Director Chief
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Operating Officer of the Office of Management and Enterprise
Services for approval and payment.
SECTION 572. AMENDATORY 70 O.S. 2021, Section 13-114.1,
is amended to read as follows:
Section 13-114.1. There is hereby created in the State Treasury
a revolving fund for the State Board of Education to be designated
the "Oklahoma Special Education Assistance Fund". The fund shall be
a continuing fund not subject to fiscal year limitations, and shall
consist of all monies appropriated or transferred to the fund by the
Legislature. Except as otherwise provided in this section, all
monies accruing to the credit of said fund are hereby appropriated
and may be budgeted and expended by the State Board of Education for
the purpose of providing financial assistance to local school
districts pursuant to Sections 13-114.2 through 13-114.4 of this
title. For the 1992-93 school year, monies may be expended from
this fund for the local and state-supported financial support of
public schools. Expenditures from said fund shall be made on
warrants issued by the State Treasurer against claims filed as
prescribed by law with the Director Chief Operating Officer of the
Office of Management and Enterprise Services for approval and
payment.
SECTION 573. AMENDATORY 70 O.S. 2021, Section 13-124.1,
is amended to read as follows:
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Section 13-124.1. There is hereby created in the State Treasury
a revolving fund for the State Department of Education to be
designated the "Oklahoma Early Intervention Revolving Fund". The
fund shall be a continuing fund, not subject to fiscal year
limitations, and shall consist of those monies appropriated to the
fund by law or deposited in the fund pursuant to direction or
authorization by the joint funding plan required in Section 13-124
of this title. All monies accruing to the credit of said fund are
hereby appropriated and may be budgeted and expended by the State
Department of Education for the purpose of providing early
intervention services to children with disabilities in accordance
with Part C of the Individuals with Disabilities Education Act
(IDEA) and the Oklahoma Early Intervention Act. Expenditures from
said fund shall be made upon warrants issued by the State Treasurer
against claims filed as prescribed by law with the Director Chief
Operating Officer of the Office of Management and Enterprise
Services for approval and payment.
SECTION 574. AMENDATORY 70 O.S. 2021, Section 14-130, is
amended to read as follows:
Section 14-130. A. On July 1, 2014, all powers, duties,
functions, and responsibilities of the State Board of Education that
relate to adult education shall be transferred to the State Board of
Career and Technology Education. The transfer shall include all
equipment, supplies, records, assets, current and future
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liabilities, fund balances, encumbrances, obligations, and
indebtedness associated with the State Board of Education that
relate to adult education.
B. Any monies accruing to or in the name of the State Board of
Education on and after the effective date of this act that relate to
adult education, or any monies that accrue in any funds or accounts
or are maintained for the benefit of the State Board of Education on
and after the effective date of this act that relate to adult
education shall be transferred to the State Board of Career and
Technology Education.
C. The State Board of Career and Technology Education shall
succeed to any contractual rights and responsibilities incurred by
the State Board of Education.
D. The Director Chief Operating Officer of the Office of
Management and Enterprise Services is hereby directed to coordinate
the transfer of funds, allotments, purchase orders, and outstanding
financial obligations or encumbrances as provided for in this
section.
SECTION 575. AMENDATORY 70 O.S. 2021, Section 14-133, is
amended to read as follows:
Section 14-133. There is hereby created in the State Treasury a
revolving fund for the State Board of Career and Technology
Education to be designated the "Adult Education Revolving Fund".
The fund shall consist of fees paid to the Board for the oversight
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and management of the high school equivalency test as administered
by the Board pursuant to law. The revolving fund shall be a
continuing fund, not subject to fiscal year limitations, and shall
be under the control and management of the administrative authority
of the State Board of Career and Technology Education. Expenditures
from the fund shall be made to maintain the high school equivalency
testing process. Warrants for expenditure shall be drawn by the
State Treasurer on claims by an authorized employee of the State
Board of Career and Technology Education and approved by the
Director Chief Operating Officer of the Office of Management and
Enterprise Services.
SECTION 576. AMENDATORY Section 2, Chapter 390, O.S.L.
2025 (70 O.S. Supp. 2025, Section 14-141), is amended to read as
follows:
Section 14-141. There is hereby created in the State Treasury a
revolving fund for the State Board of Career and Technology
Education to be designated the “Oklahoma National Guard CareerTech
Assistance Revolving Fund”. The fund shall be a continuing fund,
not subject to fiscal year limitations, and shall consist of all
monies received by the State Board of Career and Technology
Education from state appropriations provided for the purpose of
implementing the provisions of Section 1 of this act. All monies
accruing to the credit of the fund are hereby appropriated and may
be budgeted and expended by the State Board of Career and Technology
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Education for the purpose of providing assistance to eligible Guard
members pursuant to the provisions of Section 1 of this act.
Expenditures from the fund shall be made upon warrants issued by the
State Treasurer against claims filed as prescribed by law with the
Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment.
SECTION 577. AMENDATORY Section 22, Chapter 344, O.S.L.
2025 (70 O.S. Supp. 2025, Section 14-143), is amended to read as
follows:
Section 14-143. There is hereby created in the State Treasury a
revolving fund for the State Board of Career and Technology
Education to be designated the "Oklahoma National Guard CareerTech
Assistance Revolving Fund". The fund shall be a continuing fund,
not subject to fiscal year limitations, and shall consist of all
monies received by the State Board of Career and Technology
Education from state appropriations provided for the purpose of
implementing the provisions of Sections 18 and 19 of this act. All
monies accruing to the credit of the fund are hereby appropriated
and may be budgeted and expended by the State Board of Career and
Technology Education for the purpose of providing assistance to
eligible Guard members pursuant to the provisions of Section 19 of
this act. Expenditures from the fund shall be made upon warrants
issued by the State Treasurer against claims filed as prescribed by
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law with the Director Chief Operating Officer of the Office of
Management and Enterprise Services for approval and payment.
SECTION 578. AMENDATORY 70 O.S. 2021, Section 17-106, is
amended to read as follows:
Section 17-106. (1) The general administration and
responsibility for the proper operation of the retirement system and
for making effective the provisions of the act are hereby vested in
a Board of Trustees which shall be known as the Board of Trustees
and shall be organized immediately after a majority of the trustees
provided for in this section shall have qualified and taken the oath
of office.
(2) The Board shall consist of the following members and all
appointees shall serve their terms at the pleasure of the appointing
authority and may be removed or replaced without cause:
(a) The State Superintendent of Public Instruction, ex officio
or a designee.
(b) The Director Chief Operating Officer of the Office of
Management and Enterprise Services, ex officio or a designee.
(c) The Director of the Oklahoma Department of Career and
Technology Education, ex officio, or his or her designee.
(d) The State Treasurer, ex officio, or his or her designee.
(e) One member appointed by the Governor whose initial term of
office shall expire on January 14, 1991. The members thereafter
appointed by the Governor shall serve a term of office of four (4)
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years which is coterminous with the term of office of the office of
the appointing authority.
(f) Two members shall be appointed by the Governor of the State
of Oklahoma and approved by the Senate. The two members shall be:
1. a representative of a school of higher education in
Oklahoma whose term of office shall initially be one
(1) year, and
2. a member of the System of the nonclassified optional
personnel status whose initial term of office shall be
two (2) years.
After the initial terms of office the terms of the members shall be
four (4) years.
(g) Upon the expiration of the term of office of the
stockbroker member of the Board, the Governor shall appoint a member
to the Board whose initial term of office shall expire on January
14, 1991. The members thereafter appointed by the Governor shall
serve a term of office of four (4) years which is coterminous with
the term of office of the office of the appointing authority.
(h) Upon the expiration of the term of office of the
representative of the insurance industry member of the Board, the
Governor shall appoint a member to the Board whose initial term of
office shall expire on January 14, 1991. The members thereafter
appointed by the Governor shall serve a term of office of four (4)
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years which is coterminous with the term of office of the office of
the appointing authority.
(i) Upon the expiration of the term of office of the investment
counselor member of the Board, the Governor shall appoint a member
to the Board whose initial term of office shall expire on January
14, 1991. The members thereafter appointed by the Governor shall
serve a term of office of four (4) years which is coterminous with
the term of office of the office of the appointing authority.
(j) Upon the expiration of the term of office of the active
classroom teacher member of the Board, the President Pro Tempore of
the Senate shall appoint a member to the Board, who shall be an
active classroom teacher and whose initial term of office shall
expire on January 8, 1991. The members thereafter appointed by the
President Pro Tempore of the Senate shall serve a term of office of
four (4) years.
(k) Upon the expiration of the term of office of the retired
classroom teacher member of the Board, the Speaker of the House of
Representatives shall appoint a member to the Board, who shall be a
retired member of the System and whose initial term of office shall
expire on January 8, 1991. The members thereafter appointed by the
Speaker of the House of Representatives shall serve a term of office
of four (4) years.
(l) The Speaker of the House of Representatives shall appoint a
member to the Board, who shall be an active classroom teacher and
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whose initial term of office shall expire on January 3, 1989. The
members thereafter appointed by the Speaker of the House of
Representatives shall serve a term of office of four (4) years.
(m) The President Pro Tempore of the Senate shall appoint a
member to the Board, who shall be a retired member of the System and
whose initial term of office shall expire on January 3, 1989. The
members thereafter appointed by the President Pro Tempore of the
Senate shall serve a term of office of four (4) years.
(n) A statewide organization representing retired educators
shall appoint a member to the Board who shall be a nonvoting member.
(3) Persons who are appointed to the Board of Trustees by the
Governor pursuant to paragraphs (e), (g), (h) and (i) of subsection
(2) of this section shall:
(a) have demonstrated professional experience in investment or
funds management, public funds management, public or private pension
fund management or retirement system management; or
(b) have demonstrated experience in the banking profession and
have demonstrated professional experience in investment or funds
management; or
(c) be licensed to practice law in this state and have
demonstrated professional experience in commercial matters; or
(d) be licensed by the Oklahoma Accountancy Board to practice
in this state as a public accountant or a certified public
accountant.
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The appointing authorities, in making appointments that conform
to the requirements of this subsection, shall give due consideration
to balancing the appointments among the criteria specified in
paragraphs (a) through (d) of this subsection.
(4) No member of the Board of Trustees shall be a lobbyist
registered in this state as provided by law.
(5) If a vacancy occurs in the office of a trustee, the vacancy
shall be filled for the unexpired term in the same manner as the
office was previously filled.
(6) Each of the trustees, except those who are state officials
serving ex officio, shall receive travel expenses in accordance with
the State Travel Reimbursement Act.
(7) Each trustee shall, within ten (10) days after his or her
appointment or election, take an oath of office that, so far as it
devolves upon him or her, the trustee will diligently and honestly
administer the affairs of the Board of Trustees and that he or she
will not knowingly violate or willingly permit to be violated any of
the provisions of law applicable to the retirement system. Such
oath shall be subscribed to by the member making it, certified by
the officer before whom it is taken, and immediately filed in the
office of the Secretary of State.
(8) Each trustee shall be entitled to one vote on the Board of
Trustees. Eight votes shall be necessary for a decision by the
trustees at any meeting of the Board.
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(9) Subject to the limitations of this act, the Board of
Trustees shall, from time to time, establish rules and regulations
for the administration of the funds created by this act and for the
transaction of its business. Provided that such rules and
regulations may include rules and regulations providing for the
withholding from the retirement allowance due a retired person under
the provisions of this act an amount requested in writing by the
retiree for the purpose of paying:
(a) monthly premiums on group hospital and surgical insurance
programs to which such retiree belongs, and for the transmitting of
the sums so withheld to the insurance carrier designated by the
retiree; and
(b) membership dues in any statewide association limited to
retired educator membership with a minimum membership of one
thousand (1,000) dues-paying members and for the transmitting of the
sums so withheld.
(10) The Board of Trustees shall elect from its membership a
chair, vice-chair and secretary by a majority vote of all of its
members. The Board shall employ an executive director and shall
engage such actuarial and other service as shall be required to
transact the business of the retirement system. The compensation of
all persons engaged by the Board and all other expenses of the Board
necessary for the operation of the retirement system shall be paid
at such rates and in such amounts as the Board shall approve.
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(11) The members of the Board of Trustees, the Executive
Director and the employees of the System shall not accept gifts or
gratuities from an individual organization with a value in excess of
Fifty Dollars ($50.00) per year. The provisions of this section
shall not be construed to prevent the members of the Board of
Trustees, the Executive Director or the employees of the System from
attending educational seminars, conferences, meetings or similar
functions which are paid for, directly or indirectly, by more than
one organization.
(12) The Board of Trustees shall keep in convenient form such
data as shall be necessary for actuarial valuation of the various
funds of the retirement system and for checking the experience of
the system.
(13) The Board of Trustees shall keep a record of all of its
proceedings which shall be open to public inspection. It shall
publish annually a report showing the fiscal transactions of the
retirement system for the preceding fiscal year, the amount of the
accumulated cash and securities of the system, and the last balance
sheet showing the financial condition of the system by means of an
actuarial valuation of the assets and liabilities of the retirement
system and a detailed accounting of its administrative expenses.
(14) The Board of Trustees shall retain an attorney who is
licensed to practice law in this state. The attorney shall serve at
the pleasure of the Board of Trustees for such compensation as may
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be provided by the Board of Trustees. The attorney shall advise the
Board of Trustees and perform legal services for the Board of
Trustees with respect to any matters properly before the Board of
Trustees. When requested by the Board of Trustees, the Attorney
General of the state also shall render legal services to the Board
of Trustees. In addition to the above, the Board of Trustees may
employ hearing examiners to conduct administrative grievance
hearings under the provisions of the Administrative Procedures Act.
(15) Suitable offices shall be furnished by the Office of
Management and Enterprise Services. Upon the failure or inability
of the Office of Management and Enterprise Services to provide
adequate facilities, the Board of Trustees may contract for
necessary office space in suitable quarters.
(16) The Board of Trustees shall designate a Medical Board to
be composed of three physicians not eligible to participate in the
retirement system. The physicians so appointed by the Board of
Trustees shall be legally qualified to practice medicine in Oklahoma
or the state in which they reside and shall be physicians of good
standing in the medical profession. The Board of Trustees may have
more than one Medical Board and each Board shall have the same
duties and authority under the statutes. If required, other
physicians may be employed to report on special cases. The Medical
Board shall pass upon all medical examinations required under the
provisions of this act and shall investigate all essential
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statements and certificates by or on behalf of a member in
connection with an application for disability retirement and shall
report in writing to the Board of Trustees its conclusion and
recommendation upon all the matters referred to it. The Board of
Trustees shall adopt such rules and regulations as may be necessary
to properly administer this benefit.
(17) The Board of Trustees shall retain an actuarial firm that
shall be technical advisors of the Board of Trustees on matters
regarding the operation of funds created by the provisions of this
act and shall perform such other duties as are required in
connection therewith.
(18) At least once each five (5) years the Board of Trustees
shall use an actuarial firm to make an actuarial investigation of
the experience of the retirement system, including the mortality,
service and compensation experience of members and beneficiaries.
Based on the results of such investigation the actuarial firm shall
recommend for adoption by the Board of Trustees such tables and
rates as are required for the operation of the retirement system and
for the preparation of annual actuarial valuations.
(19) On the basis of such tables and rates as the Board of
Trustees shall adopt, the actuarial firm shall prepare an annual
actuarial valuation of the assets and liabilities of the retirement
system and certify the rates of contribution payable by the state
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under the provisions of law concerning the Teachers' Retirement
System.
SECTION 579. AMENDATORY 70 O.S. 2021, Section 17-121, is
amended to read as follows:
Section 17-121. A. Effective July 1, 1999, for each active
contributing member of the Teachers' Retirement System of Oklahoma,
who is making contributions of at least Twenty-five Dollars ($25.00)
per month to a plan account maintained by the Teachers' Retirement
System of Oklahoma pursuant to Section 403(b) of Title 26 of the
United States Code, 26 U.S.C. Section 403(b), the Teachers'
Retirement System shall pay each month from funds appropriated to
the Oklahoma Teachers' Deferred Savings Incentive Plan Fund created
pursuant to this section the sum of Twenty-five Dollars ($25.00) to
a plan established pursuant to the Internal Revenue Code, Section
401(a), for the benefit of the participant.
B. If monies in the Oklahoma Teachers' Deferred Savings
Incentive Plan Fund are insufficient to fully fund the contributions
in any month, payments shall be suspended until such time as
sufficient monies are available.
C. The Teachers' Retirement System shall be responsible for
establishing rules and plan documents for administration of the
contributions authorized by this section. Funds so credited shall
be held and invested in the same manner as funds managed in accounts
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of members contributing to an account established pursuant to
Section 403(b) of the Internal Revenue Code of 1986, as amended.
D. There is hereby created in the State Treasury a revolving
fund to be designated the "Oklahoma Teachers' Deferred Savings
Incentive Plan Fund". The fund shall be a continuing fund, not
subject to fiscal year limitations, and shall consist of any monies
the Legislature may appropriate or transfer to the fund and any
monies contributed for the fund from any other sources, public or
private. All monies accruing to the credit of said fund are hereby
appropriated and may be budgeted and expended by the Teachers'
Retirement System of Oklahoma for the matching of deferred
compensation contributions pursuant to this section and in
accordance with rules promulgated by the Teachers' Retirement System
of Oklahoma. Expenditures from the fund shall be made by warrants
issued by the State Treasurer against claims filed as prescribed by
law with the Director Chief Operating Officer of the Office of
Management and Enterprise Services for approval and payment.
SECTION 580. AMENDATORY 70 O.S. 2021, Section 18-105, is
amended to read as follows:
Section 18-105. The State Board of Education shall furnish the
Director Chief Operating Officer of the Office of Management and
Enterprise Services with a copy of the apportionments made from the
funds appropriated for each fiscal year to each of the several
school districts of the state, and warrants shall be drawn by the
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State Treasurer against appropriations for each fiscal year in
accordance with such apportionments only upon the order of the State
Board of Education through the Director Chief Operating Officer of
the Office of Management and Enterprise Services. The warrants for
the payments to the several school districts of any county shall be
forwarded by the State Board of Education through the Director Chief
Operating Officer of the Office of Management and Enterprise
Services directly to the treasurer of each school district.
SECTION 581. AMENDATORY 70 O.S. 2021, Section 18-118.1,
is amended to read as follows:
Section 18-118.1. A. When a bond is forfeited due to illegal
activity of a school district officer or employee and an audit
performed by the Office of the State Auditor and Inspector reported
the illegal activity, the school district shall forward ten percent
(10%) of the amount of the forfeited bond to the State Board of
Education for deposit to the School Investigative Audit Revolving
Fund.
B. 1. Every person convicted of the crime of theft,
embezzlement, conversion, or misappropriation of school district
funds shall be assessed an amount equivalent to ten percent (10%) of
any court-ordered restitution costs.
2. The assessment shall be mandatory and in addition to and not
in lieu of any fines, restitution costs, other assessments, or
forfeitures authorized or required by law for the offense. The
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assessment required by this subsection shall not be subject to any
order of suspension. The court shall order either a lump-sum
payment or establish a payment schedule.
3. Willful failure of the offender to comply with the payment
schedule shall be considered contempt of court.
4. For purposes of collection, the assessment order shall not
expire until paid in full, nor shall the assessment order be limited
by the term of imprisonment prescribed by law for the offense, nor
by any term of imprisonment imposed against the offender, whether
suspended or actually served.
5. The assessment provided for in this subsection shall be
collected by the court clerk as provided for collection of fines and
costs. When assessment payments are collected by the court clerk
pursuant to court order, the funds shall be forwarded to the State
Board of Education for deposit into the School Investigative Audit
Revolving Fund created by this section.
C. 1. There is hereby created in the State Treasury a
revolving fund for the State Board of Education to be designated the
"School Investigative Audit Revolving Fund". The fund shall be a
continuing fund, not subject to fiscal year limitations, and shall
consist of all monies paid to and received by the State Board of
Education from school districts, officers, or employees for the
performance of audits, for the forfeiture of bonds, or for
assessments ordered in addition to court-ordered restitution costs,
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and monies appropriated or transferred to the fund by the
Legislature.
2. All monies accruing to the credit of the fund are hereby
appropriated and may be budgeted and expended by the State Board of
Education to reimburse the Office of the State Auditor and Inspector
for costs incurred in the performance of special audits conducted
pursuant to the provisions of Section 213 of Title 74 of the
Oklahoma Statutes.
3. Prior to approval of any payment from this fund, the State
Board of Education shall determine that a school district that is
liable for expenses incurred due to the performance of an audit is
unable to pay such expenses. Payments from this fund shall only be
made to the extent that monies are available in the fund.
Expenditures from the fund shall be made upon warrants issued by the
State Treasurer against claims filed as prescribed by law with the
Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment.
SECTION 582. AMENDATORY 70 O.S. 2021, Section 18-162, is
amended to read as follows:
Section 18-162. No later than the first day of October of each
year, the State Board of Education shall submit with the itemized
budget request and estimates for the ensuing fiscal year, a Schools
Capital Improvements Budget. Such Schools Capital Improvements
Budget shall be submitted to the Director Chief Operating Officer of
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the Office of Management and Enterprise Services, the Director of
the Legislative Service Bureau and the Oklahoma Development Finance
Authority.
SECTION 583. AMENDATORY 70 O.S. 2021, Section 18-400, is
amended to read as follows:
Section 18-400. There is hereby created in the State Treasury a
revolving fund for the State Board of Education to be designated the
"Education Reform Revolving Fund". The fund shall be a continuing
fund, not subject to fiscal year limitations, and shall consist of
all appropriations and transfers made by the Legislature. All
monies accruing to the credit of said fund are hereby appropriated
and may be budgeted and expended beginning with the fiscal year
ending June 30, 1993, by the State Board of Education for the
purposes of implementing reforms contained in Enrolled House Bill
No. 1017 of the First Extraordinary Session of the 42nd Oklahoma
Legislature. Expenditures from said fund shall be made upon
warrants issued by the State Treasurer against claims filed as
prescribed by law with the Director Chief Operating Officer of the
Office of Management and Enterprise Services for approval and
payment.
SECTION 584. AMENDATORY 70 O.S. 2021, Section 21-116, is
amended to read as follows:
Section 21-116. There is hereby created in the State Treasury a
revolving fund for the Oklahoma Board of Private Vocational Schools
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to be designated the "Oklahoma Board of Private Vocational Schools
Revolving Fund". The fund shall be a continuing fund, not subject
to fiscal year limitations, and shall consist of all monies received
by the Oklahoma Board of Private Vocational Schools from all fees
and penalties collected by the Board pursuant to this act or rules
promulgated and any other funds obtained or received by the Board.
All monies in the fund shall be used exclusively for the purpose of
operations and functions of the Oklahoma Board of Private Vocational
Schools. All monies accruing to the credit of the fund are hereby
appropriated and may be budgeted and expended by the Oklahoma Board
of Private Vocational Schools. Expenditures from the fund shall be
made upon warrants issued by the State Treasurer against claims
filed as prescribed by law with the Director Chief Operating Officer
of the Office of Management and Enterprise Services for approval and
payment.
SECTION 585. AMENDATORY 70 O.S. 2021, Section 23-126, is
amended to read as follows:
Section 23-126. Purchases made by the Oklahoma Educational
Television Authority from sources other than state-appropriated
funds for the acquisition of television programs shall be excluded
from the provisions of Section 85.7 of Title 74 of the Oklahoma
Statutes. The said Authority is hereby authorized to make such
purchases against special authorization orders submitted to,
approved and encumbered by, the Director Chief Operating Officer of
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the Office of Management and Enterprise Services. Contracts for the
purchase of television programs entered into by the Oklahoma
Educational Television Authority and charged against a special
authorization order as herein provided shall be maintained as a
permanent record of the Authority for a period of not less than
three (3) years after liquidation of the contract.
SECTION 586. AMENDATORY 70 O.S. 2021, Section 625.4a, as
amended by Section 10, Chapter 407, O.S.L. 2022 (70 O.S. Supp. 2025,
Section 625.4a), is amended to read as follows:
Section 625.4a. There is hereby created in the State Treasury a
revolving fund for the Health Care Workforce Training Commission to
be designated the "Health Care Workforce Training Commission
Revolving Fund". The fund shall be a continuing fund, not subject
to fiscal year limitations and shall consist of all payments
received by the Commission pursuant to Sections 625.3 and 625.10a of
this title. All monies accruing to the credit of the fund are
hereby appropriated and may be budgeted and expended by the Health
Care Workforce Training Commission for any expenses incurred in the
implementation of its duties. Expenditures from the fund shall be
made upon warrants issued by the State Treasurer against claims
filed as prescribed by law with the Director Chief Operating Officer
of the Office of Management and Enterprise Services for approval and
payment.
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SECTION 587. AMENDATORY 70 O.S. 2021, Section 697.7, as
amended by Section 21, Chapter 407, O.S.L. 2022 (70 O.S. Supp. 2025,
Section 697.7), is amended to read as follows:
Section 697.7. The Health Care Workforce Training Commission is
hereby authorized to enter into contractual arrangements with
residency training programs at the University of Oklahoma College of
Medicine, University of Oklahoma-Tulsa Medical College, or the
Oklahoma College of Osteopathic Medicine and Surgery, in order to
enhance available funding for the training of primary care residents
and to pay the cost of the salary stipend and expenses of the
resident physician for the period of time spent in the residency
programs. Monies received by the Commission from the participating
residency training program under the provisions of this section
shall be deposited to, and disbursed from, the "Residency Revolving
Fund" hereby created in the State Treasury. The fund shall be a
continuing fund not subject to legislative appropriation or fiscal
year limitations. Expenditures from the fund shall be made on
warrants issued by the State Treasurer against claims filed by the
Commission with the Director Chief Operating Officer of the Office
of Management and Enterprise Services for approval and payment.
SECTION 588. AMENDATORY 70 O.S. 2021, Section 697.8, as
amended by Section 22, Chapter 407, O.S.L. 2022 (70 O.S. Supp. 2025,
Section 697.8), is amended to read as follows:
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Section 697.8. A community may enter into a contract with a
resident physician in training whereby the resident agrees to
establish a practice in the community upon the completion of the
individual's residency. The Health Care Workforce Training
Commission shall have the authority to receive funds direct from
that community for the purpose of paying the resident involved to
the extent of the contractual arrangements. Monies received by the
Commission under the provisions of this section shall be deposited
to, and disbursed from, the "Community Residency Revolving Fund"
hereby created in the State Treasury. The fund shall be a
continuing fund not subject to legislative appropriation or fiscal
year limitations. Expenditures from said fund shall be made on
warrants issued by the State Treasurer against claims filed by the
Commission with the Director Chief Operating Officer of the Office
of Management and Enterprise Services for approval and payment.
SECTION 589. AMENDATORY 70 O.S. 2021, Section 697.10, as
amended by Section 24, Chapter 407, O.S.L. 2022 (70 O.S. Supp. 2025,
Section 697.10), is amended to read as follows:
Section 697.10. A. The Health Care Workforce Training
Commission is authorized to enter into contractual arrangements with
individual hospitals and clinical programs for the reimbursement of
intern or resident salary cost not to exceed the limits established
by Section 697.2 of this title. Provided, that residency and
internship positions created prior to the spring semester 1975 shall
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be eligible for participation in the cost-sharing program for
internship and residency training as established by Sections 697.1
through 697.8 of this title, only if partial funding of said
positions will allow the creation of additional positions in whole
or in part at the participating hospital or clinical situation. The
participating hospital or clinical situation shall document in a
manner specified by the Commission the extent to which funding of a
previously created and established position contributes directly to
the creation of additional positions at the participating hospital
or clinical situation.
B. The Commission is authorized, in cooperation with the
Oklahoma Health Care Authority, to enter into contractual
arrangements with the University of Oklahoma College of Medicine and
the Oklahoma State University College of Osteopathic Medicine for
the reimbursement of intern and resident professional liability
insurance cost which shall not be subject to the limits established
in Section 697.2 of this title. Any and all intern and resident
positions are eligible for reimbursement of intern and resident
professional liability insurance cost.
C. There is hereby created in the State Treasury a revolving
fund for the Health Care Workforce Training Commission to be
designated the "Intern and Residents Professional Liability
Insurance Fund". The fund shall be a continuing fund, not subject
to fiscal year limitations, and shall consist of all monies received
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by the Health Care Workforce Training Commission for reimbursement
of intern and residency professional liability insurance costs. All
monies accruing to the credit of the fund are hereby appropriated
and may be budgeted and expended by the Health Care Workforce
Training Commission for such costs. Expenditures from the fund
shall be made upon warrants issued by the State Treasurer against
claims filed as prescribed by law with the Director Chief Operating
Officer of the Office of Management and Enterprise Services for
approval and payment.
SECTION 590. AMENDATORY 70 O.S. 2021, Section 697.11, as
amended by Section 25, Chapter 407, O.S.L. 2022 (70 O.S. Supp. 2025,
Section 697.11), is amended to read as follows:
Section 697.11. A. In addition to internship and residency
programs previously established and funded, it is the intent of the
Legislature that the Health Care Workforce Training Commission, in
cooperation with the Oklahoma Health Care Authority, establish a
Critical Need Internship and Residency Program. The purpose of the
Program is to fund internship and residency programs across the
state in areas of critical need. The determination of areas of
critical need shall be made through a cooperative effort between the
University of Oklahoma College of Medicine and the Oklahoma State
University College of Osteopathic Medicine. The findings shall be
reported to the Commission by July 1, 2006, and every three (3)
years thereafter.
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B. The University of Oklahoma College of Medicine and the
Oklahoma State University College of Osteopathic Medicine shall
annually provide to the Commission a report outlining the areas of
physician shortages in each specialty area. The report shall be the
basis for the cooperative funding of critical need physician
specialties for the current fiscal year.
C. There is hereby created in the State Treasury a revolving
fund for the Health Care Workforce Training Commission to be
designated the "Critical Need Internship and Residency Fund". The
fund shall be a continuing fund, not subject to fiscal year
limitations, and shall consist of all monies received by the Health
Care Workforce Training Commission for funding internship and
residency programs in areas of critical need. All monies accruing
to the credit of the fund are hereby appropriated and may be
budgeted and expended by the Health Care Workforce Training
Commission for such costs. Expenditures from the fund shall be made
upon warrants issued by the State Treasurer against claims filed as
prescribed by law with the Director Chief Operating Officer of the
Office of Management and Enterprise Services for approval and
payment.
SECTION 591. AMENDATORY 70 O.S. 2021, Section 697.17, as
amended by Section 29, Chapter 407, O.S.L. 2022 (70 O.S. Supp. 2025,
Section 697.17), is amended to read as follows:
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Section 697.17. A. There is hereby established the Nursing
Student Assistance Program which shall be administered by the Health
Care Workforce Training Commission. The purpose of the program
shall be to encourage persons to enter nursing education programs
and to practice in areas of this state in which there is an urgent
need for nursing services or in institutions or agencies of this
state which provide funds on a matching basis with the Health Care
Workforce Training Commission for the support of nursing students.
The Nursing Student Assistance Program shall be administered by
rules adopted by the Health Care Workforce Training Commission.
B. Only students who are residents of this state shall be
eligible to participate in the Nursing Student Assistance Program.
C. If a person receiving Nursing Student Assistance Program
funds fails to fully comply with the provisions of the contract for
the funds, the person shall refund to the Health Care Workforce
Training Commission all monies received by the person pursuant to
the provisions of the contract plus a one-time liquidated damages
assessment of five percent (5%) of the total amount dispersed to the
person in lieu of interest. The Commission shall prorate the amount
to be repaid in the event the obligation was partially fulfilled.
D. There is hereby created in the State Treasury a revolving
fund for the Health Care Workforce Training Commission to be
designated the "Nursing Student Assistance Fund". The fund shall be
a continuing fund, not subject to fiscal year limitations, and shall
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consist of all nonappropriated monies, including community match
money of appropriated funds, grants, gifts, and repayment of
scholarships received by the Health Care Workforce Training
Commission. All monies accruing to the credit of the fund are
hereby appropriated and may be budgeted and expended by the Health
Care Workforce Training Commission for such scholarships as may be
provided for pursuant to the Nursing Student Assistance Program.
Expenditures from the fund shall be made upon warrants issued by the
State Treasurer against claims filed as prescribed by law with the
Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment.
SECTION 592. AMENDATORY 70 O.S. 2021, Section 697.18, as
amended by Section 30, Chapter 407, O.S.L. 2022 (70 O.S. Supp. 2025,
Section 697.18), is amended to read as follows:
Section 697.18. A community may enter into a contract with a
physician who is a graduate from an accredited medical school
whereby such physician agrees to establish a practice in that
community. The Health Care Workforce Training Commission shall have
the authority to receive funds direct from that community for the
purpose of paying the physician involved to the extent of the
contractual arrangement. Monies received by the Commission under
the provisions of this section shall be deposited to and disbursed
from, the "Community Match Revolving Fund" hereby created in the
State Treasury. The fund shall be a continuing fund not subject to
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legislative appropriation of fiscal year limitations. Expenditures
from said fund shall be made on warrants issued by the State
Treasurer against claims filed by the Commission with the Director
Chief Operating Officer of the Office of Management and Enterprise
Services for approval and payment.
SECTION 593. AMENDATORY 70 O.S. 2021, Section 697.19, as
amended by Section 31, Chapter 407, O.S.L. 2022 (70 O.S. Supp. 2025,
Section 697.19), is amended to read as follows:
Section 697.19. A. There is hereby established the Omnibus
Budget Reconciliation Act Program (OBRA) which shall be administered
by the Health Care Workforce Training Commission. The purpose of
the program shall be to encourage persons to enter nursing education
programs and to practice in nursing homes of this state in which
there is an urgent need for nursing services which provide funds on
a matching basis with the Health Care Workforce Training Commission
for the support of nursing students. The OBRA Program shall be
administered by rules under the Oklahoma Nursing Student Assistance
Program adopted by the Health Care Workforce Training Commission.
B. Only students who are residents of this state shall be
eligible to participate in the OBRA Program.
C. If a person receiving OBRA Program funds fails to fully
comply with the provisions of the contract for said funds, the
person shall refund to the Health Care Workforce Training Commission
all monies received by the person pursuant to the provisions of the
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contract plus interest at the rate of twelve percent (12%) from the
date of disbursement of said funds and shall be liable for any other
liquidated damages as specified in the contract.
D. There is hereby created in the State Treasury a revolving
fund for the Health Care Workforce Training Commission to be
designated the "OBRA Fund". The fund shall be a continuing fund,
not subject to fiscal year limitations, and shall consist of all
nonappropriated monies, including local nursing home association
match money of appropriated funds, grants, gifts, and repayment of
scholarships received by the Health Care Workforce Training
Commission. All monies accruing to the credit of said fund are
hereby appropriated and may be budgeted and expended by the Health
Care Workforce Training Commission for such scholarships as may be
provided for pursuant to the OBRA Program. Expenditures from said
fund shall be made upon warrants issued by the State Treasurer
against claims filed as prescribed by law with the Director Chief
Operating Officer of the Office of Management and Enterprise
Services for approval and payment.
SECTION 594. AMENDATORY 70 O.S. 2021, Section 697.21, as
amended by Section 33, Chapter 407, O.S.L. 2022 (70 O.S. Supp. 2025,
Section 697.21), is amended to read as follows:
Section 697.21. A. There is hereby established the Physician
Assistant Scholarship Program. The purpose of the program is to
encourage persons to enter physician assistant education programs
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and to practice in rural and medically underserved areas of this
state. The Physician Assistant Scholarship Program shall be
administered by the Health Care Workforce Training Commission
pursuant to rules promulgated by the Commission and shall be funded
based on an annual estimate of need as determined by the Commission.
Awards made pursuant to this Program shall be subject to the
availability of funds. The number of and amount of each award shall
be determined by the Commission based on the availability of funds.
B. Only students who have been admitted as a student in an
accredited physician assistant program shall be eligible to
participate in the Physician Assistant Scholarship Program.
C. If a person receiving Physician Assistant Scholarship
Program monies fails to fully comply with the provisions of the
contract for the monies, the person shall refund to the Health Care
Workforce Training Commission all monies received by the person
pursuant to the provisions of the contract plus interest at a rate
that equals the prime interest rate plus one percent (1%) from the
date of disbursement of the funds and shall be liable for any other
liquidated damages as specified in the contract.
D. There is hereby created in the State Treasury a revolving
fund for the Health Care Workforce Training Commission to be
designated the "Physician Assistant Scholarship Fund". The fund
shall be a continuing fund, not subject to fiscal year limitations,
and shall consist of all monies received by the Health Care
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Workforce Training Commission for implementation of the Physician
Assistant Scholarship Program. All monies accruing to the credit of
the fund are hereby appropriated and may be budgeted and expended by
the Health Care Workforce Training Commission for such scholarships
as may be provided for pursuant to the Physician Assistant
Scholarship Program. Expenditures from the fund shall be made upon
warrants issued by the State Treasurer against claims filed as
prescribed by law with the Director Chief Operating Officer of the
Office of Management and Enterprise Services for approval and
payment.
SECTION 595. AMENDATORY Section 2, Chapter 407, O.S.L.
2022 (70 O.S. Supp. 2025, Section 697.21b), is amended to read as
follows:
Section 697.21b. A. There is hereby created in the State
Treasury until July 1, 2027, a revolving fund for the Health Care
Workforce Training Commission to be designated the "Health Care
Workforce Development Revolving Fund". The fund shall be a
continuing fund, not subject to fiscal year limitations, and shall
consist of all available monies:
1. Received by the state as Coronavirus State and Local Fiscal
Recovery Funds pursuant to Section 9901 of the American Rescue Plan
Act of 2021, Pub. L. No. 117-2;
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2. Directed to the state by the federal government for the
purpose of recruiting, educating, and stabilizing Oklahoma's health
care workforce;
3. Derived as interest and income from deposits and investments
of fund assets; and
4. Designated for deposit by law.
B. 1. All monies accruing to the credit of said fund are
hereby appropriated and may be budgeted and expended by the Health
Care Workforce Training Commission for authorized purposes as
provided in paragraph 2 of this subsection. Expenditures from said
fund shall be made upon warrants issued by the State Treasurer
against claims filed as prescribed by law with the Director Chief
Operating Officer of the Office of Management and Enterprise
Services for approval and payment.
2. All monies accruing to the credit of said fund shall be
utilized for the purpose of recruiting, educating, and stabilizing
Oklahoma's health care workforce, including the costs and expenses
of operating such programs.
3. All monies accruing to the credit of the fund shall be
budgeted or encumbered no later than December 31, 2024, and shall be
expended no later than December 31, 2026.
4. All monies accruing to the credit of the fund shall be
budgeted, expended, and transferred in strict accordance with
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applicable state and federal law and guidance providing for and
limiting the utilization of such funds.
SECTION 596. AMENDATORY Section 2, Chapter 493, O.S.L.
2025 (70 O.S. Supp. 2025, Section 698.5), is amended to read as
follows:
Section 698.5. There is hereby created in the State Treasury a
revolving fund for the State Board of Education to be designated the
“Grow Your Own Educator Revolving Fund”. The fund shall be a
continuing fund, not subject to fiscal year limitations, and shall
consist of all monies received by the State Board of Education from
legislative appropriations provided for the purpose of implementing
the Grow Your Own Educator Program created in Section 1 of this act.
All monies accruing to the credit of the fund are hereby
appropriated and may be budgeted and expended by the Board for the
purpose provided for in this section. Expenditures from the fund
shall be made upon warrants issued by the State Treasurer against
claims filed as prescribed by law with the Director Chief Operating
Officer of the Office of Management and Enterprise Services for
approval and payment.
SECTION 597. AMENDATORY 70 O.S. 2021, Section 1210.402,
is amended to read as follows:
Section 1210.402. There is hereby created in the State Treasury
a revolving fund for the Oklahoma School of Science and Mathematics,
to be designated the "Oklahoma School of Science and Mathematics
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Revolving Fund". The fund shall be a continuing fund, not subject
to fiscal year limitations, and shall consist of all monies received
by the Board of Trustees of the Oklahoma School of Science and
Mathematics, from all sources. All monies accruing to the credit of
said fund are hereby appropriated and may be budgeted and expended
by the Board of Trustees of the Oklahoma School of Science and
Mathematics for the purpose of developing the Oklahoma School of
Science and Mathematics. Expenditures from said fund shall be made
upon warrants issued by the State Treasurer against claims filed as
prescribed by law with the Director Chief Operating Officer of the
Office of Management and Enterprise Services for approval and
payment.
SECTION 598. AMENDATORY Section 1, Chapter 411, O.S.L.
2024, as amended by Section 4, Chapter 297, O.S.L. 2025 (70 O.S.
Supp. 2025, Section 1210.508I), is amended to read as follows:
Section 1210.508I. A. There is hereby created in the State
Treasury a revolving fund for the Oklahoma State Regents for Higher
Education to be designated the “Statewide Literacy Revolving Fund”.
The fund shall be a continuing fund, not subject to fiscal year
limitations, and shall consist of all monies received by the State
Regents from state appropriations provided for the purpose of
implementing the provisions of subsection B of this section. All
monies accruing to the credit of the fund are hereby appropriated
and may be budgeted and expended by the State Regents for the
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purpose provided for in this subsection. Expenditures from the fund
shall be made upon warrants issued by the State Treasurer against
claims filed as prescribed by law with the Director Chief Operating
Officer of the Office of Management and Enterprise Services for
approval and payment.
B. Subject to the availability of funding, the Oklahoma State
Regents for Higher Education shall utilize the Statewide Literacy
Revolving Fund created in subsection A of this section to:
1. Implement training in the science of reading in early
childhood education, elementary education, and special education
teacher preparation programs accredited by the Commission for
Educational Quality and Accountability. For the purposes of this
section, training in the science of reading includes providing
explicit and systematic instruction in phonological awareness,
decoding, fluency, vocabulary, and comprehension and implementing
reading strategies that research has shown to be successful in
improving reading among students with reading difficulties.
Beginning with students entering an early childhood education,
elementary education, or special education teacher preparation
program accredited by the Commission for Educational Quality and
Accountability in the 2025-2026 academic year, completion of
training required by this paragraph shall lead to a micro-credential
in the science of reading which shall be reflected on teaching
certificates awarded to such individuals; and
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2. Support teacher preparation programs accredited by the
Commission for Educational Quality and Accountability in developing
and implementing a micro-credential in the science of reading for
certified teachers employed by school districts and charter schools
in this state. A micro-credential awarded pursuant to this
paragraph shall be reflected on a teacher’s certificate to teach.
SECTION 599. AMENDATORY Section 7, Chapter 492, O.S.L.
2025 (70 O.S. Supp. 2025, Section 1210.906), is amended to read as
follows:
Section 1210.906. A. There is hereby created in the State
Treasury a revolving fund for the Oklahoma State Regents for Higher
Education to be designated the “Statewide Mathematics Revolving
Fund”. The fund shall be a continuing fund, not subject to fiscal
year limitations, and shall consist of all monies received by the
State Regents from state appropriations provided for the purpose of
implementing the provisions of subsection B of this section. All
monies accruing to the credit of the fund are hereby appropriated
and may be budgeted and expended by the State Regents for the
purpose provided for in this subsection. Expenditures from the fund
shall be made upon warrants issued by the State Treasurer against
claims filed as prescribed by law with the Director Chief Operating
Officer of the Office of Management and Enterprise Services for
approval and payment.
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B. Subject to the availability of funding, the Oklahoma State
Regents for Higher Education shall utilize the Statewide Mathematics
Revolving Fund created in subsection A of this section to:
1. Implement training for a scientifically research-based math
program in teacher education programs accredited by the Commission
for Educational Quality and Accountability. For the purposes of
this section, training in a scientifically research-based math
program includes providing explicit and systematic instruction in
real-world problem-solving skills, procedural fluency, conceptual
understanding, and productive dispositions, and implementing
instructional strategies that research has shown to be successful in
improving mathematics achievement among students with learning
difficulties in math. Beginning with students entering a teacher
education program accredited by the Commission for Educational
Quality and Accountability in the 2026-2027 academic year,
completion of training required by this paragraph shall lead to a
micro-credential in mathematics, which shall be reflected on
teaching certificates awarded to such individuals; and
2. Support teacher education programs accredited by the
Commission for Educational Quality and Accountability in developing
and implementing a micro-credential in mathematics for certified
teachers employed by school districts and charter schools in this
state. A micro-credential awarded pursuant to this paragraph shall
be reflected on a teacher’s certificate to teach.
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SECTION 600. AMENDATORY 70 O.S. 2021, Section 3210, is
amended to read as follows:
Section 3210. (a) All appropriations made by the Legislature
for state educational institutions of the State System shall be made
to the State Regents in consolidated form, indicating the amount
appropriated from the General Revenue Fund and each special fund,
without reference to the amount appropriated to any particular
institution. On April 1 of each year, or as soon thereafter as
possible, but not later than June 15 of each year, the State Regents
shall certify to the Director Chief Operating Officer of the Office
of Management and Enterprise Services such portions of the
consolidated appropriation as they shall have allocated to each
institution from the General Revenue Fund and each special fund for
the next fiscal year and the amount of the allocation for each
institution which is to be reserved for the purpose authorized by
subsection B of Section 34.53 of Title 62 of the Oklahoma Statutes.
The Director Chief Operating Officer of the Office of Management and
Enterprise Services shall allocate the revenue deposited in the
State Treasury to the credit of the General Revenue Fund to a cash
account for each institution or special appropriation, and to any
unallocated portion of such consolidated appropriations, on a
percentage basis in the same manner as provided by law for
allocations of cash to Legislative appropriations for other
departments and institutions.
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(b) The State Regents may make additional allocations from the
consolidated appropriation to any institution during the year but
they shall not decrease the amount allocated to any institution
during the year. Where an additional allocation is made to an
institution, the Director Chief Operating Officer of the Office of
Management and Enterprise Services shall make such adjustment by
decreasing the consolidated appropriation balance and increasing the
appropriation of the institution or institutions to which the
additional allocation is made. At the same time he shall make an
adjustment between the cash accounts by reducing the consolidated
cash account and increasing the institution's cash account, giving
the institution or institutions credit in cash for that portion of
revenue which has already been allocated to that portion of the
consolidated appropriation transferred, thereby transferring the
percentage of cash which belongs to the additional allocation made
from the consolidated appropriation. Thereafter, the Director Chief
Operating Officer of the Office of Management and Enterprise
Services shall increase the revenue allocations to each of the
educational institutions which have received additional allocations
so that such allocations shall take into consideration the original
allocation plus the additional allocation from the consolidated
appropriation. The State Regents may make additional allocations
each month of the fiscal year but such allocations for all
institutions shall be certified to the Director Chief Operating
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Officer of the Office of Management and Enterprise Services at the
same time and shall not take effect until the first day of the month
following the month in which such additional allocations are
certified to the Director Chief Operating Officer of the Office of
Management and Enterprise Services. The cash allocated to all of
the institutions shall never exceed the amount of revenue which
would have been allocated to the consolidated appropriation had such
consolidated appropriation never been divided. The division of cash
among the several institutions shall be considered a division of the
revenue which would have been allocated to the consolidated account.
(c) Both the cash allocations and the appropriation allotments
shall be considered cumulative in that the balance unexpended or
unencumbered at the end of any month of the fiscal year shall add to
the amount allocated during the subsequent months so that the fiscal
year shall be considered as a unit.
(d) The appropriations allocated by the State Regents to each
institution for the year on June 15 shall be set up in the same
manner as other departments and institutions for contractual
purposes except as otherwise provided in this section.
(e) Financial documents arising from the appropriation
allocations to each institution shall be filed with the Director
Chief Operating Officer of the Office of Management and Enterprise
Services in the same manner and at the same time as is now provided
by law.
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(f) Nothing contained in this section shall be construed to
change existing laws relating to the apportionment of cash to
Section 13 or New College Funds for each of the institutions which
under present laws receive monies from such sources. Provided, that
nothing herein shall be construed to give the State Regents
authority to take money from the revolving fund of one institution
and give it to another institution. Revolving funds of all of the
constituent institutions shall operate as a continuing appropriation
under the law creating each such revolving fund which allocates the
revenue collected by each such institution to the revolving fund of
that institution. None of such institutions shall incur obligations
against such revolving fund in excess of the unencumbered balance of
surplus cash on hand. Such revolving funds shall be nonfiscal year
appropriations, and shall be disbursed by warrants issued by the
State Treasurer.
(g) No expenditure from any of the revolving funds of the
various institutions shall be made for any purpose, except that for
which said portion of said fund was specifically collected;
provided, that when any portion of any of such revolving funds shall
not be needed for the purpose for which the same was collected, the
State Regents may, upon the request of the Board of Regents of any
institution, authorize such Board of Regents to expend such unneeded
balance of such revolving fund for any other purpose which, in the
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opinion of the State Regents, shall be necessary or desirable in the
conduct of such institution.
(h) The Director Chief Operating Officer of the Office of
Management and Enterprise Services shall make monthly reports to the
institutions and agencies comprising the State System indicating, by
classification of funds, the amounts allotted by the State Regents,
the cumulative expenditures at the end of each month, the unexpended
balances, the encumbrances outstanding, and the unencumbered
balances at the end of the month.
(i) The State Regents shall direct the disposition of such
funds as the Legislature shall appropriate, which funds shall be
allocated to the state educational institutions entitled thereto
under the provisions of, and in accordance with, the Enabling Act
and the Constitution of the State of Oklahoma, for the support of
such state educational institutions.
SECTION 601. AMENDATORY Section 2, Chapter 24, O.S.L.
2022 (70 O.S. Supp. 2025, Section 3232), is amended to read as
follows:
Section 3232. There is hereby created in the State Treasury a
revolving fund for the Oklahoma State Regents for Higher Education
to be designated the "Oklahoma National Guard Educational Assistance
Revolving Fund". The fund shall be a continuing fund, not subject
to fiscal year limitations, and shall consist of all monies received
by the Oklahoma State Regents for Higher Education from state
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appropriations. All monies accruing to the credit of the fund are
hereby appropriated and may be budgeted and expended by the Oklahoma
State Regents for Higher Education for the purpose of providing
assistance to eligible Guard members pursuant to the provisions of
Section 1 of this act. Expenditures from the fund shall be made
upon warrants issued by the State Treasurer against claims filed as
prescribed by law with the Director Chief Operating Officer of the
Office of Management and Enterprise Services for approval and
payment.
SECTION 602. AMENDATORY 70 O.S. 2021, Section 3311.3, is
amended to read as follows:
Section 3311.3. There is hereby created a petty cash fund not
to exceed One Thousand Dollars ($1,000.00) for the Council on Law
Enforcement Education and Training to be used as a cash drawer
change fund and for the purchase of or reimbursement for
expenditures of less than One Hundred Dollars ($100.00) pursuant to
the rules and procedures established by the Director Chief Operating
Officer of the Office of Management and Enterprise Services.
SECTION 603. AMENDATORY 70 O.S. 2021, Section 3311.6, is
amended to read as follows:
Section 3311.6. There is hereby created in the State Treasury a
revolving fund for the Council on Law Enforcement Education and
Training to be designated the "C.L.E.E.T. Training Center Revolving
Fund". The fund shall be a continuing fund, not subject to fiscal
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year limitations, and shall consist of all monies deposited to the
credit of the fund pursuant to subsection D of Section 1313.2 of
Title 20 of the Oklahoma Statutes. All monies accruing to the
credit of the fund are hereby appropriated and may be budgeted and
expended by the Council on Law Enforcement Education and Training
for the purpose of acquiring and constructing a statewide law
enforcement training center and for operation and maintenance of
such center. Expenditures from the fund shall be made upon warrants
issued by the State Treasurer against claims filed as prescribed by
law with the Director Chief Operating Officer of the Office of
Management and Enterprise Services for approval and payment.
SECTION 604. AMENDATORY 70 O.S. 2021, Section 3311.7, is
amended to read as follows:
Section 3311.7. A. There is hereby created in the State
Treasury a fund for the Council on Law Enforcement Education and
Training to be designated the "Peace Officer Revolving Fund".
B. The fund shall be a continuing fund, not subject to fiscal
year limitations, and shall consist of any monies received from
public, private, state or federal sources, grants or award monies,
to include any state matching funds required by the federal
government which are not designated for deposit in the C.L.E.E.T.
Fund created pursuant to Section 1313.2 of Title 20 of the Oklahoma
Statutes.
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C. All monies accruing to the credit of said fund are hereby
appropriated and may be budgeted and expended by the Council on Law
Enforcement Education and Training for the purpose of fulfilling any
grant or award provisions, providing special training programs and
attendant equipment and supplies, and providing facility
construction and furnishings and/or rental of facilities for special
training programs.
D. Expenditures from said fund shall be made upon warrants
issued by the State Treasurer against claims filed as prescribed by
law with the Director Chief Operating Officer of the Office of
Management and Enterprise Services for approval and payment.
SECTION 605. AMENDATORY 70 O.S. 2021, Section 3311.8, is
amended to read as follows:
Section 3311.8. There is hereby created in the State Treasury a
revolving fund for the Council on Law Enforcement Education and
Training to be designated the "CLEET Cafeteria Revolving Fund". The
fund shall be a continuing fund, not subject to fiscal year
limitations, and shall consist of all monies received by the Council
on Law Enforcement Education and Training from cafeteria food sales.
All monies accruing to the credit of said fund are hereby
appropriated and may be budgeted and expended by the Council on Law
Enforcement Education and Training for the purpose of operating a
cafeteria. Expenditures from said fund shall be made upon warrants
issued by the State Treasurer against claims filed as prescribed by
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law with the Director Chief Operating Officer of the Office of
Management and Enterprise Services for approval and payment.
SECTION 606. AMENDATORY 70 O.S. 2021, Section 3311.13,
is amended to read as follows:
Section 3311.13. There is hereby created in the State Treasury
a revolving fund for the Council on Law Enforcement Education and
Training to be designated the "CLEET Private Security Revolving
Fund". The fund shall be a continuing fund, not subject to fiscal
year limitations, and shall consist of all monies received by the
Council on Law Enforcement Education and Training from the issuance
of licenses to security guards, security guard agencies, private
investigators and private investigative agencies. All monies
accruing to the credit of said fund are hereby appropriated and may
be budgeted and expended by the Council on Law Enforcement Education
and Training for the purpose of fulfilling all statutory obligations
pursuant to the provisions of the Oklahoma Security Guard and
Private Investigator Act and providing training and education
programs for security guards, security guard agencies, private
investigators and private investigative agencies. Expenditures from
said fund shall be made upon warrants issued by the State Treasurer
against claims filed as prescribed by law with the Director Chief
Operating Officer of the Office of Management and Enterprise
Services for approval and payment.
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SECTION 607. AMENDATORY 70 O.S. 2021, Section 3426, is
amended to read as follows:
Section 3426. There is hereby created in the State Treasury a
revolving fund for the Oklahoma State Regents for Higher Education
to be designated the "George Nigh Rehabilitation Institute Revolving
Fund". The fund shall be a continuing fund not subject to fiscal
year limitations and shall consist of all monies received by the
Oklahoma State Regents for Higher Education from any gifts,
contributions, bequests, individual reimbursements and other sources
of revenue, for the care or support of persons who have been
admitted and cared for at the Institute and any other monies
directed by law to be placed in the fund. Monies accruing to the
fund may be expended by the Oklahoma State Regents for Higher
Education for operation, maintenance and capital improvement of the
facility. Expenditures from the fund shall be made on warrants
issued by the State Treasurer against claims filed with the Director
Chief Operating Officer of the Office of Management and Enterprise
Services for approval and payment.
SECTION 608. AMENDATORY 70 O.S. 2021, Section 3509, is
amended to read as follows:
Section 3509. The Board of Regents of Oklahoma Colleges created
by Article XIII-B of the Constitution of Oklahoma shall be a body
corporate, and shall adopt and use an official seal. It shall
annually elect a president who shall also be known as chairman, a
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vice president who shall also be known as vice-chairman, and a
secretary, each of whom shall serve for a term of one (1) fiscal
year and until his successor is elected and qualified, and who shall
perform such duties as the Board directs. The Board shall adopt
rules and regulations as it deems necessary for the governing of the
Board and the discharge of its duties, and shall cause to be kept
the minutes of all meetings and transactions considered at each
meeting, in a suitable book to be obtained and kept for such
purpose. The Board shall not hold an executive meeting unless the
same is ordered by a unanimous vote of the Board. The office of the
Board shall be located in quarters provided by the Oklahoma Capitol
Improvement Authority for which the Board shall pay an appropriate
rental charge. Until such time as space can be provided by the
Oklahoma Capitol Improvement Authority the Office of Management and
Enterprise Services shall provide quarters for said Board without
rental charge.
SECTION 609. AMENDATORY 70 O.S. 2021, Section 3903, is
amended to read as follows:
Section 3903. (a) The Oklahoma State System of Higher
Education shall operate an allotment system similar to the procedure
set out in the Oklahoma State Finance Act, Section 34 et seq. of
Title 62 of the Oklahoma Statutes, for other agencies of the state
except that the State Regents shall be substituted for the Director
Chief Operating Officer of the Office of Management and Enterprise
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Services in connection with approving allotment requests of the
constituent institutions and agencies comprising the State System.
The account classification for the State System shall conform as
nearly as possible with the classification of accounts recommended
by the publications of the National Association of College and
University Business Officers. The State Regents shall allocate to
each institution and agency in the State System, from the
consolidated or lump-sum appropriation made by the Legislature, an
amount sufficient to meet the needs and functions of the institution
or agency for the entire year. Upon such allocation, monies
appropriated for educational and general purposes shall be
transferred to the Educational and General Operations Revolving Fund
of the institution or agency and monies appropriated for capital
improvement purposes shall be transferred to the Capital Improvement
Revolving Fund of the institution or agency. The amount allocated
to an institution or agency for each fiscal year shall be made in a
lump sum without regard to uniform budget or accounting
classifications, but shall not be available for expenditure until
subsequently allotted by the State Regents.
(b) The State Regents, with the approval of the Director Chief
Operating Officer of the Office of Management and Enterprise
Services, may allot money to any such institution or agency to
establish and operate a petty cash fund at the institution or
agency; said fund shall only be reimbursed upon the filing of claims
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showing the purposes for which the money was expended. No single
expenditure from any petty cash fund so established and operated
shall exceed Five Hundred Dollars ($500.00). Splitting of invoices
for the purpose of avoiding this limitation is prohibited. Except
for payments to sports officials, research participants, refunds to
students, competition judges, and temporary farm crews employed at
Oklahoma Agricultural Experiment Stations, expenditures from such
fund for personal services, travel reimbursement, or professional
services are prohibited. Further, the exemption for payments to
sports officials and refunds to students is limited to only those
institutions which have previously been authorized to participate in
both the "Alternate Claims Processing", by the Director Chief
Operating Officer of the Office of Management and Enterprise
Services, and "Remote Warrant Printing", by the State Treasurer.
The Oklahoma State Regents for Higher Education shall publish
uniform guidelines applicable to all institutions of higher
education for expenditures from petty cash funds, which shall be
strictly adhered to.
(c) Governing boards of control are integral parts of
institutions under their respective jurisdiction; therefore, the
expenses of boards in carrying out their respective duties shall be
paid from the operating budgets of the institutions and other budget
agencies under their jurisdiction. In cases where a board is the
governing board for two or more institutions and/or other budget
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agencies, the board shall prorate its operating expenses among the
institutions and/or other budget agencies so governed. Prior to the
beginning of the fiscal year, each board shall prepare a budget,
setting out in detail its necessary expenses for the entire fiscal
year and shall, not later than July 1, file a copy of its budget
with the President Pro Tempore of the Senate, the Speaker of the
House of Representatives, the Director Chief Operating Officer of
the Office of Management and Enterprise Services and the Legislative
Service Bureau. Said budget shall include all full-time-equivalent
positions in each activity or division and an itemization of all
sources of income used for operations and programs. Each board
shall revise its budget, if necessary, and provide said revisions to
the President Pro Tempore of the Senate, the Speaker of the House of
Representatives, the Director Chief Operating Officer of the Office
of Management and Enterprise Services, and the Legislative Service
Bureau not later than January 1 of each year. In cases where a
board has jurisdiction over two or more institutions or budget
agencies, it shall, not later than July 1, notify the President of
each institution as to the amount of its pro rata share of the
board's expense budget that will be assessed against the institution
and/or other budget agency during the fiscal year.
(d) Prior to the beginning of the fiscal year, the coordinating
board of the Oklahoma State Regents for Higher Education shall
prepare a budget setting out in detail its necessary expenses for
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the entire fiscal year, and, not later than July 1, shall file a
copy of its budget with the Director Chief Operating Officer of the
Office of Management and Enterprise Services and the Legislative
Service Bureau. The State Regents shall allocate the money required
to fund its budget prior to making distribution of appropriated
monies to the various institutions of The Oklahoma State System of
Higher Education.
(e) The Division of Central Accounting and Reporting shall make
cash allocations of revenue in accordance with Section 23 of Article
X of the Oklahoma Constitution, to each institution and agency,
considering the total allocation made by the State Regents from the
lump-sum legislative appropriation as the total appropriation for
the institution or agency, in lieu of legislative appropriations.
All income available to an institution or agency for educational and
general purposes, as defined in the uniform budget and accounting
classifications recommended by the publications of the National
Association of College and University Business Officers, and
including income defined by law as revolving fund income, shall
operate as a continuing nonfiscal appropriation which may be
expended for any educational and general purpose for which
appropriated funds may be expended, if allocated and allotted in
accordance with the Oklahoma State Finance Act, as provided in this
section; provided that no obligation shall be incurred in excess of
the unencumbered balance of cash on hand.
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(f) At least thirty (30) days prior to the beginning of each
fiscal year, each of the constituent institutions and agencies shall
file with the State Regents its request for appropriation allotments
for each of the purposes for which expenditures are to be made. Such
requests shall be in conformity with the uniform budget or
accounting classifications recommended by the publications of the
National Association of College and University Business Officers.
Each request for appropriation allotments shall show the amount
required to finance each item of the request for the entire year and
for each quarter or each six-month period within the fiscal year, as
required by the Director Chief Operating Officer of the Office of
Management and Enterprise Services. The State Regents, or their
designated official or employee who has been authorized to approve
itemized allotment requests, shall consider the allotment requests
for the purpose of making a determination that: (1) the current
financial requirements of the institution or agency concerned
justify the allotment to be made; (2) the accounting classification
is sufficient to reflect the purpose for which expenditures are to
be made and that such classification is in accordance with the
budget classifications adopted by the Director Chief Operating
Officer of the Office of Management and Enterprise Services and the
State Regents, which shall conform as nearly as possible to the
account classification recommended by the publications of the
National Association of College and University Business Officers;
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and (3) the realization of estimated revenues determined by the
Director Chief Operating Officer of the Office of Management and
Enterprise Services is sufficient to allow the commitments to be
made. In allotting appropriations and other funds, and approving
subsequent allotments, which may be required by each institution and
agency the State Regents shall follow the same general procedure as
other agencies of the state not under the control of the State
Regents, except as otherwise provided in this section. All forms
and account classifications shall be mutually agreed upon by the
Director Chief Operating Officer of the Office of Management and
Enterprise Services and the State Regents. The State Regents shall
file approved requests of constituent institutions and agencies with
the Division of Central Accounting and Reporting. The State Regents
and the Director Chief Operating Officer of the Office of Management
and Enterprise Services shall approve any request from the
administrative head of a constituent institution or agency for
amendment of the approved schedule of positions and salaries or
transfers between items, so long as the currently approved allotment
for such purposes is not exceeded and each such amendment shall be
filed with the Director Chief Operating Officer of the Office of
Management and Enterprise Services, in such detail as he may
require, prior to the date on which the first payroll or other
disbursement affected by such amendments is submitted for payment.
In the event that the realization of estimated revenues at any time
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during the fiscal year indicates that the total revenue from that
fiscal year to any state fund will be insufficient at the end of the
fiscal year to meet the total appropriations from that fund, the
Director Chief Operating Officer of the Office of Management and
Enterprise Services shall notify the State Regents as to the amount
of reduction necessary against the consolidated, or lump-sum
appropriation, made to the State Regents.
(g) The State Regents in making itemized allotments during the
fiscal year, may reserve an amount sufficient to meet a reasonable
failure of revenue until receipt of notice from the Director Chief
Operating Officer of the Office of Management and Enterprise
Services that the realization of estimated revenues indicates that
the total appropriations may be allotted for expenditure. Upon
receipt of notice from the Director Chief Operating Officer of the
Office of Management and Enterprise Services of a necessary
reduction in the consolidated, or lump-sum appropriation, to meet a
failure in revenue, the State Regents shall immediately take action
to control the approval of subsequent allotment requests sufficient
to make the aggregate reduction in allotments of all constituent
institutions under their control equal the amount of reduction
ordered against the lump-sum appropriation made by the Legislature.
Such reductions against the lump-sum appropriation shall not exceed
the percentage reduction ordered against other agencies of the
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state, in accordance with Section 23 of Article X of the Oklahoma
Constitution.
SECTION 610. AMENDATORY 70 O.S. 2021, Section 3905, is
amended to read as follows:
Section 3905. Institutions, agencies, and boards in The
Oklahoma State System of Higher Education may withhold from the
compensation payable for the employee's services, with the consent
of the employee, amounts necessary for participation in the Oklahoma
Teachers' Retirement System, hospital and medical benefits,
accident, health and life insurance, annuities, United States
Savings Bonds and other programs authorized by such institutions,
agencies, and boards; and it shall be the duty of the Director Chief
Operating Officer of the Office of Management and Enterprise
Services and the State Treasurer to process amounts so withheld in
accordance with existing laws.
SECTION 611. AMENDATORY 70 O.S. 2021, Section 3953.1, as
amended by Section 4, Chapter 330, O.S.L. 2024 (70 O.S. Supp. 2025,
Section 3953.1), is amended to read as follows:
Section 3953.1. A. There is hereby created a trust fund to be
known as the “Oklahoma Higher Learning Access Trust Fund”. The
Oklahoma State Regents for Higher Education shall be the trustees of
the Trust Fund.
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B. The State Regents shall utilize the Trust Fund to implement
the provisions of Sections 2601 through 2605 of this title and
Sections 1 through 3 of this act.
C. The Trust Fund principal shall consist of monies the
Legislature appropriates or transfers to the Oklahoma State Regents
for Higher Education for the Trust Fund and any monies or assets
contributed to the Trust Fund from any other source, public or
private. All monies accruing to the credit of the fund are hereby
appropriated and may be budgeted and expended by the State Regents.
Expenditures from the fund shall be made upon warrants issued by the
State Treasurer against claims filed as prescribed by law with the
Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment.
D. Notwithstanding other provisions of law, income and
investment return on Trust Fund principal shall accrue to the Trust
Fund for use as provided by authorization of the trustees for the
purposes provided in Sections 2601 through 2605 of this title and
Sections 1 through 3 of this act. The State Regents may also
utilize the Trust Fund principal for the purposes provided in
Sections 2601 through 2605 of this title and Sections 1 through 3 of
this act. Except as otherwise provided by law, no such income or
investment return or principal shall be used for administrative
expenses; expenses incurred by the State Regents in the
administration of the Trust Fund and of the Oklahoma Higher Learning
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Access Program established by the Oklahoma Higher Learning Access
Act and the Oklahoma Access and Achievement Program established by
the Oklahoma Access and Achievement Act shall be paid from monies
appropriated to the State Regents coordinating board for their
general operating budget.
E. The State Regents shall adopt rules for accomplishing
transfer of funds from the Oklahoma Higher Learning Access Trust
Fund to the appropriate institutional Educational and General
Operations Revolving Funds, as provided in Section 3901 of this
title, to private institutions, and to the appropriate technology
center school district to cover general enrollment fees or tuition
for eligible students pursuant to the Oklahoma Higher Learning
Access Act and the Oklahoma Access and Achievement Act. Allocations
from the Trust Fund may be made only for the purpose of covering the
general enrollment fees or tuition of eligible students. No portion
of the Trust Fund may be used or allocated for administrative or
operating expenses of any higher education institution or technology
center school.
SECTION 612. AMENDATORY Section 2, Chapter 122, O.S.L.
2023 (70 O.S. Supp. 2025, Section 4103.1), is amended to read as
follows:
Section 4103.1. There is hereby created in the State Treasury a
revolving fund for the Oklahoma State Regents for Higher Education
to be designated the “Tuition Recovery Revolving Fund”. The fund
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shall be a continuing fund, not subject to fiscal year limitations,
and shall consist of all monies received by the State Regents from
fees collected pursuant to Section 4103 of Title 70 of the Oklahoma
Statutes. All monies accruing to the credit of the fund are hereby
appropriated and may be budgeted and expended by the State Regents
for the purpose of offsetting student tuition losses in the event
that an institution authorized pursuant to Section 4103 of Title 70
of the Oklahoma Statutes closes or ceases operations. Expenditures
from the fund shall be made upon warrants issued by the State
Treasurer against claims filed as prescribed by law with the
Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment.
SECTION 613. AMENDATORY 70 O.S. 2021, Section 4713, is
amended to read as follows:
Section 4713. There is hereby created in the State Treasury a
revolving fund for the Office of the State Regents for Higher
Education to be designated the "Funds for Excellence Fund". The
fund shall be a continuing fund, not subject to fiscal year
limitations and shall consist of all monies received by the Office
of the State Regents for Higher Education from all funds
appropriated for that purpose by the Legislature and allocated
thereto by the State Regents and all private contributions, grants,
and donations of monies made for the purposes of Sections 4712
through 4715 of this title. All monies accruing to the credit of
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said fund are hereby appropriated and may be budgeted and expended
by the Office of the State Regents for Higher Education for the
purposes specified in Sections 4712 through 4715 of this title and
for administering the provisions of Sections 4712 through 4715 of
this title; however, such monies expended for such administrative
costs shall not exceed five percent (5%) of the total amount of
monies in said fund. Expenditures from said fund shall be made upon
warrants issued by the State Treasurer against claims filed as
prescribed by law with the Director Chief Operating Officer of the
Office of Management and Enterprise Services for approval and
payment.
SECTION 614. AMENDATORY Section 8, Chapter 75, O.S.L.
2025 (70 O.S. Supp. 2025, Section 9108), is amended to read as
follows:
Section 9108. A. There is hereby created in the State Treasury
a revolving fund for the Oklahoma NCAA Division II Athletic
Conference Exploration Commission to be designated the "Oklahoma
NCAA Division II Athletic Conference Exploration Commission
Revolving Fund". The fund shall be a continuing fund, not subject
to fiscal year limitations, and shall consist of all monies received
by the Oklahoma NCAA Division II Athletic Conference Exploration
Commission from appropriations, gifts, grants, donations, and
bequests. All monies accruing to the credit of the fund are hereby
appropriated and may be budgeted and expended by the Oklahoma NCAA
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Division II Athletic Conference Exploration Commission for the
purpose of implementing the provisions of this act. Expenditures
from the fund shall be made upon warrants issued by the State
Treasurer against claims filed as prescribed by law with the
Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment.
B. The Commission may make expenditures from the Oklahoma NCAA
Division II Athletic Conference Exploration Commission Revolving
Fund to cover expenses related to studies, meetings, consultations,
and other necessary activities. Funding that is not expended by the
Commission may be used as necessary to perform the necessary
activities to create the Conference. These funds can be used for
both the initial operating costs of the Conference as well as funds
required by conference institutions to pay fees to exit their
current conference affiliation. Additional funding may be sought
from private or nonprofit sources, if necessary.
C. The Commission shall explore various funding sources,
including partnerships with private organizations, sponsorships, and
grants to help defray costs associated with the creation of the new
conference.
SECTION 615. AMENDATORY 71 O.S. 2021, Section 1-612, as
amended by Section 41, Chapter 77, O.S.L. 2022 (71 O.S. Supp. 2025,
Section 1-612), is amended to read as follows:
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Section 1-612. A. Unless otherwise provided for by law, the
following shall be the fees charged pursuant to the provisions of
this act:
1. Broker-dealer registration fee or
renewal fee...............................$300.00
2. Broker-dealer or issuer agent or
broker-dealer principal
registration fee or renewal fee............$50.00
3. Broker-dealer agent on an inactive
basis, renewal fee.........................$10.00
4. Investment adviser registration fee
or renewal fee............................$300.00
5. Investment adviser annual notice
filing fee................................$300.00
6. Investment adviser representative
registration fee or renewal fee............$50.00
7. Mass transfer fee...........................$10.00 per
transferee
8. Mailing list fee............................$30.00 per year
9. Review of sales literature package..........$50.00
10. Broker-dealer or investment adviser
financial or operating reports.............$50.00
11. Issuer sales reports........................$50.00
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12. Notice of exemption filing or
request for order of exemption............$250.00
13. Interpretive opinion or no-action
request...................................$250.00
14. Affidavit request...........................$10.00
15. Service of process upon the
Administrator..............................$10.00
16. Amendments to registration
statements or notice filings
pursuant to Section 1-302 of this
title involving changes to the
issuer's application or notice
filing form:
a. examination fee.......................$50.00, and
b. a filing fee computed in the same
manner as the filing fee required
pursuant to of subsection B of
this section for any additional
securities being registered.
17. Copying fee.
a. 8 1/2" by 14" or smaller................$.25 per page
b. Larger than 8 1/2" by 14"..............$1.00 per page
c. Certified copy 8 1/2" by 14"
or smaller.............................$1.00 per page
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d. Certified copy larger than 8
1/2" by 14"............................$2.00 per page
18. Document search fee for commercial
purpose....................................$20.00 per hour
19. Notice filing fee for a federal
covered security under Section
18(b)(4)(D)(ii) and (b)(4)(F) of
the Securities Act of 1933 (15
U.S.C. Section 77r(b)(4)(D)(ii)
and (b)(4)(F).............................$250.00
20. Late fee for late notice filing for
a federal covered security under
Section 18(b)(4)(F) of the
Securities Act of 1933 (15 U.S.C.
Section 77r(b)(4)(F)......................$250.00
B. For the purpose of registering securities under this act,
any person filing a registration statement shall pay an examination
fee of Two Hundred Dollars ($200.00) and a filing fee computed upon
the aggregate offering price of the securities sought to be
registered in Oklahoma as follows:
a fee equal to one-tenth of one percent (1/10 of 1%)
of said price; provided, in no event shall the filing
fee be less than Two Hundred Dollars ($200.00) or more
than Two Thousand Five Hundred Dollars ($2,500.00).
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C. Any person making a notice filing pursuant to subsection A
of Section 1-302 of this title, or renewing such a filing, shall pay
a filing fee of Five Hundred Dollars ($500.00) with each such notice
or renewal filed.
D. A person required to pay a filing or notice fee under this
section may transmit the fee through or to a person designated by
rule adopted or order issued under this act. All fees and other
charges collected by the Administrator shall be deposited in the
General Revenue Fund with the State Treasurer, except for the fees
deposited in the Oklahoma Department of Securities Revolving Fund
and the amounts deposited in the Oklahoma Department of Securities
Investor Education Revolving Fund.
E. There is hereby created in the State Treasury a revolving
fund for the Oklahoma Department of Securities to be designated the
"Oklahoma Department of Securities Revolving Fund". The fund shall
be a continuing fund, not subject to fiscal year limitations, and
shall consist of fees and other charges collected by the
Administrator as follows:
1. The fees collected pursuant to paragraphs 1, 4, 5, 8, 14,
15, 17 and 18 of subsection A of this section;
2. The fees collected pursuant to the provisions of Section 1-
504 of this title as provided in paragraph 9 of subsection A of this
section;
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3. The examination fees designated in paragraph 16 of
subsection A and in subsection B of this section;
4. The amounts collected pursuant to subsection D of Section 1-
605 of this title set forth in paragraph 13 of subsection A of this
section; and
5. One Hundred Fifty Dollars ($150.00) of each filing fee
collected pursuant to subsection C of this section.
The Oklahoma Department of Securities Revolving Fund shall be a
continuing fund, not subject to fiscal year limitations.
Expenditures from the Oklahoma Department of Securities Revolving
Fund shall be made pursuant to the laws of this state and the
statutes relating to the Oklahoma Department of Securities, and
without legislative appropriation. Expenditures from the Oklahoma
Department of Securities Revolving Fund shall be made upon warrants
issued by the State Treasurer against claims filed as prescribed by
law with the Director Chief Operating Officer of the Office of
Management and Enterprise Services for approval and payment.
F. There is hereby created in the State Treasury a revolving
fund for the Oklahoma Department of Securities to be designated the
"Oklahoma Department of Securities Investor Education Revolving
Fund". The fund shall be a continuing fund, not subject to fiscal
year limitations, and shall consist of all amounts collected
pursuant to court order or judgment in actions brought by the
Administrator, and amounts received in multistate settlements
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participated in by the Department, and interest attributable to the
investment of the fund that shall be deposited in the Oklahoma
Department of Securities Investor Education Revolving Fund. The
Fund may be invested in any investment instrument allowed by
Oklahoma Statutes to the State Treasurer for the investment of state
funds. Any amounts received from any court settlement in excess of
One Million Dollars ($1,000,000.00) shall be transferred to the
General Fund. The Administrator shall use the moneys in this fund
exclusively for the specific purposes of research for education and
education of Oklahoma residents in matters concerning securities
laws and general investor protection. The Oklahoma Department of
Securities Investor Education Revolving Fund shall be a continuing
fund, not subject to fiscal year limitations. Expenditures from the
Oklahoma Department of Securities Investor Education Revolving Fund
shall be made pursuant to the laws of this state and the statutes
relating to the Oklahoma Department of Securities, and without
legislative appropriation. Expenditures from the Oklahoma
Department of Securities Investor Education Revolving Fund shall be
made upon warrants issued by the State Treasurer against claims
filed as prescribed by law with the Director Chief Operating Officer
of the Office of Management and Enterprise Services for approval and
payment.
G. There is hereby created a petty cash fund for the Oklahoma
Department of Securities. The Director Chief Operating Officer of
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the Office of Management and Enterprise Services and the
Administrator are hereby authorized and it shall be their duty to
fix the maximum amount of the petty cash fund, not to exceed Five
Hundred Dollars ($500.00). The Director Chief Operating Officer of
the Office of Management and Enterprise Services shall prescribe all
forms, systems, and procedures for administering the petty cash
fund. The fund shall be used solely to pay:
1. Examination, investigation and litigation expenses of the
Department, including, but not limited to, court costs, filing fees,
copying fees, and witness fees; and
2. Incidental operating expenses of the Department not to
exceed One Hundred Dollars ($100.00) per transaction.
H. Once paid, fees shall be nonrefundable.
I. Section 211 of Title 62 of the Oklahoma Statutes shall not
apply to the Oklahoma Department of Securities or the Oklahoma
Securities Commission.
SECTION 616. AMENDATORY Section 1, Chapter 79, O.S.L.
2022 (72 O.S. Supp. 2025, Section 35), is amended to read as
follows:
Section 35. A. There is hereby created in the State Treasury a
fund for the Oklahoma Department of Veterans Affairs to be
designated the "K-I-A Reinterment Fund". The fund balance shall not
exceed Three Hundred Thousand Dollars ($300,000.00) and shall
consist of:
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1. All monies apportioned or allocated to the fund pursuant to
law;
2. Any amounts appropriated by the Legislature to the fund; and
3. Gifts, grants, and other donations received for the fund.
B. All monies accruing to the credit of the fund are hereby
appropriated and may be budgeted and expended by the Department of
Veterans Affairs for the purposes of disinterring those who were
killed in action while in combat with a hostile force and
reinterment in a State Veterans Cemetery. Expenditures from the
fund shall be made upon warrants issued by the State Treasurer
against claims filed as prescribed by law with the Director Chief
Operating Officer of the Office of Management and Enterprise
Services for approval and payment.
C. The Director of the Department of Veterans Affairs shall
establish the application procedure and the criteria for awarding
financial assistance.
D. All applications for reinterment shall be approved by the
Oklahoma Veterans Commission.
SECTION 617. AMENDATORY 72 O.S. 2021, Section 63.16, is
amended to read as follows:
Section 63.16. A. The Oklahoma Department of Veterans Affairs
shall not, either in conjunction with the Oklahoma Veterans
Commission or any other state agency, board or commission or in
conjunction with any public trust, issue or cause to be issued by a
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public trust any bond or other evidence of indebtedness after July
1, 2008.
B. Except as required for purposes of refinancing or refunding
an existing issue of indebtedness, from and after July 1, 2008,
neither the Oklahoma Department of Veterans Affairs nor the Oklahoma
Veterans Commission shall be authorized to enter into agreements
with public trusts in connection with an issuance of evidence of
indebtedness by such public trusts.
C. No provision of this section shall affect the obligations
incurred or agreements entered into by the Oklahoma Department of
Veterans Affairs or the Oklahoma Veterans Commission with any public
trust if such obligations were incurred or agreements were entered
into or are year to year continuations of agreements or leases
entered into prior to June 25, 1986. No provision of this section
shall be construed as a limitation on the authority of the Oklahoma
Department of Veterans Affairs or the Oklahoma Veterans Commission
to enter into other agreements not prohibited by this section.
D. There is hereby created in the State Treasury a trust fund
for the Oklahoma Department of Veterans Affairs to be designated the
"Department of Veterans Affairs Trust Fund". The fund shall be a
continuing fund, not subject to fiscal year limitations, and shall
consist of all monies authorized for expenditure as provided by this
section. All monies accruing to the credit of said fund are hereby
appropriated and may be budgeted and expended by the Oklahoma
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Department of Veterans Affairs for the purpose of retiring
indebtedness evidenced by bonds, whether such bonds are part of an
original issue or part of a refunding issue, in the manner
prescribed by this section. Expenditures from said fund shall be
made upon warrants issued by the State Treasurer against claims
filed as prescribed by law with the Director Chief Operating Officer
of the Office of Management and Enterprise Services for approval and
payment.
E. The Oklahoma Department of Veterans Affairs shall make
deposits into the Department of Veterans Affairs Trust Fund
established by this section from the Department of Veterans Affairs
Revolving Fund, and from such other monies as may be lawfully
expended for the purposes specified by this section.
F. For all fiscal years in which an outstanding balance of
bonded indebtedness exists which the Oklahoma Department of Veterans
Affairs has caused to be issued through agreements with public
trusts, the Oklahoma Department of Veterans Affairs shall at or
prior to the end of each fiscal year quarter make money deposits in
the Department of Veterans Affairs Trust Fund in amounts sufficient
to meet three (3) months' debt service on any public trust bonded
indebtedness which the Department has caused to be issued. The
Department of Veterans Affairs Trust Fund deposits required by this
subsection shall be from any funds available to the Oklahoma
Department of Veterans Affairs which may be legally expended for the
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purposes specified by this section. However, a minimum of an amount
equal to one percent (1%) of the Department of Veterans Affairs
Budget Work Program for the applicable fiscal year must be
transferred from the Oklahoma Department of Veterans Affairs
Revolving Fund and included in the total deposits required in each
fiscal year.
G. Payments from the fund established pursuant to subsection D
of this section shall be made by the Oklahoma Department of Veterans
Affairs only upon the authorization of the Director Chief Operating
Officer of the Office of Management and Enterprise Services and the
Oklahoma Veterans Commission.
H. The Oklahoma Department of Veterans Affairs is hereby
authorized to deposit in the fund created in subsection D of this
section all federal grant monies which it receives in conjunction
with projects which it has caused to be financed through revenue
bonds issued by public trusts.
SECTION 618. AMENDATORY 72 O.S. 2021, Section 63.19, is
amended to read as follows:
Section 63.19. A. The Oklahoma Tax Commission shall include on
each state individual income tax return form for tax years beginning
after December 31, 2001, and each state corporate tax return form
for tax years beginning after December 31, 2001, an opportunity for
the taxpayer to donate from a tax refund for the benefit of the
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Oklahoma Department of Veterans Affairs Equipment and Capital
Improvement Program.
B. The monies generated from donations made pursuant to
subsection A of this section shall be used by the Oklahoma
Department of Veterans Affairs to purchase equipment and develop
capital improvement projects and to acquire properties for expanding
or improving existing projects, or for future projects to include
site acquisition, architectural plan development and construction.
C. Except as otherwise provided for in this section, all monies
generated pursuant to subsection A of this section shall be paid to
the State Treasurer and placed to the credit of the Capital
Improvement Program Revolving Fund.
D. There is hereby created in the State Treasury a revolving
fund for the Oklahoma Department of Veterans Affairs to be
designated "Capital Improvement Program Revolving Fund". The fund
shall be a continuing fund not subject to fiscal year limitations
and shall consist of all monies received pursuant to the provisions
of this section. The Oklahoma Department of Veterans Affairs is
hereby authorized to invest all or part of the monies of the fund in
securities and any interest or dividends accruing from the
investments and any monies generated at the time of redemption of
the investments shall be deposited in the Capital Improvement
Program Revolving Fund. All monies accruing to the credit of the
fund are hereby appropriated and may be budgeted and expended by the
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Oklahoma Department of Veterans Affairs for the purposes stated in
subsection B of this section. Any monies withdrawn from the fund by
the Oklahoma Department of Veterans Affairs for investment pursuant
to this section shall be deemed to be for the purpose of equipment
purchases or enhancing the veterans capital improvement programs of
the State of Oklahoma. Expenditures from the fund shall be made
upon warrants issued by the State Treasurer against claims filed as
prescribed by law with the Director Chief Operating Officer of the
Office of Management and Enterprise Services for approval and
payment.
E. If a taxpayer makes a donation pursuant to subsection A of
this section in error, the taxpayer may file a claim for refund at
any time within three (3) years from the due date of the tax return.
Such claims shall be filed pursuant to the provisions of Section
2373 of Title 68 of the Oklahoma Statutes and, if allowed, shall be
paid pursuant to the provisions of said section. Prior to the
apportionment set forth in subsection C of this section, an amount
equal to the total amount of refunds made pursuant to this
subsection during any one (1) year shall be deducted during the
following year, and the amount deducted shall be paid to the State
Treasurer and placed to the credit of the Income Tax Withholding
Refund Account.
SECTION 619. AMENDATORY 72 O.S. 2021, Section 65.1, is
amended to read as follows:
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Section 65.1. A. The Oklahoma Department of Veterans Affairs
shall be required to proceed with construction projects at veterans
centers under the control of the Oklahoma Veterans Commission from
funds designated for these purposes.
B. Projects shall be constructed in the order designated by
United States Department of Veterans Affairs priorities.
C. Federal matching funds received for these projects shall
continue to be deposited in the federal matching fund designated for
the Oklahoma Department of Veterans Affairs by the Director Chief
Operating Officer of the Office of Management and Enterprise
Services and shall be considered as available funds for projects,
unless otherwise encumbered.
SECTION 620. AMENDATORY 72 O.S. 2021, Section 222, as
amended by Section 2, Chapter 42, O.S.L. 2024 (72 O.S. Supp. 2025,
Section 222), is amended to read as follows:
Section 222. A. There is hereby created in the State Treasury
a revolving fund for the Oklahoma Department of Veterans Affairs to
be known as the “Oklahoma Department of Veterans Affairs Revolving
Fund”. The revolving fund shall consist of all funds and monies
received by the Oklahoma Department of Veterans Affairs, its
constituent institutions, and/or the Oklahoma Veterans Commission,
from any gifts, contributions, bequests, individual reimbursements
except as otherwise provided by law, and other sources of revenue,
for the care or support of war veterans discharged other than under
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dishonorable conditions, who have been admitted and cared for at the
Oklahoma Department of Veterans Affairs Centers at Ardmore,
Claremore, Clinton, Lawton/Ft. Sill, Norman, Sulphur or Sallisaw.
Provided, no grants-in-aid, reimbursements, or other revenue from
the United States government or any instrumentality of the United
States government shall be deposited in the fund. Provided further,
nothing contained herein prohibits the establishment and utilization
of special agency accounts by the Oklahoma Department of Veterans
Affairs and its constituent institutions, as may be approved by the
Director Chief Operating Officer of the Office of Management and
Enterprise Services, for receipt and disbursement of the personal
funds of Veteran Center patients and members and/or for receipt and
disbursement of charitable contributions and donations for use by
and for patients and members.
B. The revolving fund herein created shall be used by the
Oklahoma Department of Veterans Affairs to pay for the care of war
veterans discharged other than under dishonorable conditions, in
Veterans Centers, to pay the general operating expenses of the
Veterans Centers, including the payment of salaries and wages of
officials and employees, to pay for the employee safety programs and
incentive awards provided for in Section 63.10a of this title, and
to remodel, repair, construct, build additions, modernize, or add
improvements of domiciliary or hospital buildings necessary for the
care of veterans, including tuberculosis, mentally ill or
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neuropsychiatric patients, but not excluding others; and
architectural plans, specifications, or other costs pertinent
thereto.
C. The Oklahoma Department of Veterans Affairs may transfer
monies from the revolving fund created in this section to the W.V.C.
Revolving Fund in the State Treasury.
D. All expenditures from the revolving fund shall be made upon
warrants issued by the State Treasurer based upon claims approved by
the Oklahoma Department of Veterans Affairs, as provided by law, and
filed with the Director Chief Operating Officer of the Office of
Management and Enterprise Services for approval and payment.
SECTION 621. AMENDATORY 72 O.S. 2021, Section 240, as
last amended by Section 5, Chapter 42, O.S.L. 2024 (72 O.S. Supp.
2025, Section 240), is amended to read as follows:
Section 240. There is hereby created a petty cash fund at the
Oklahoma Department of Veterans Affairs, at the State Veterans Home,
Ardmore, Oklahoma, at the State Veterans Home, Clinton, Oklahoma, at
the State Veterans Home, Sulphur, Oklahoma, at the State Veterans
Home, Sallisaw, Oklahoma, at the State Veterans Home, Norman,
Oklahoma, at the State Veterans Home, Claremore, Oklahoma, and at
the State Veterans Home, Lawton/Ft. Sill, Oklahoma. The Director
Chief Operating Officer of the Office of Management and Enterprise
Services and the Director of the Oklahoma Department of Veterans
Affairs are authorized to fix the maximum amount of these petty cash
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funds and the Director Chief Operating Officer of the Office of
Management and Enterprise Services shall prescribe the rules and
procedures for the administration of these petty cash funds.
SECTION 622. AMENDATORY 72 O.S. 2021, Section 403, is
amended to read as follows:
Section 403. A. Oklahoma state agencies are hereby authorized
to employ special disabled veterans who are legal residents of the
state in competitive and noncompetitive jobs. Such veterans shall
be exempt from entrance examinations and hiring procedures
administered by the Office of Management and Enterprise Services
pursuant to Sections 840-4.12 and 840-4.13 of Title 74 of the
Oklahoma Statutes.
B. Special disabled veterans hired pursuant to subsection A of
this section shall be appointed for a probationary period of one (1)
year, except that the appointing authority may waive in writing the
remainder of the probationary period at any time after a
probationary employee has served six (6) months; provided, however,
that the disabled veteran and the Director Chief Operating Officer
of the Office of Management and Enterprise Services shall be
notified in writing as to such action and the reason therefor. At
the end of the probationary period and if the work of said veterans
is satisfactorily performed, the veterans shall acquire permanent
status.
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C. Upon acquiring permanent status, special disabled veterans
shall be subject to the rules and regulations of the Office of
Management and Enterprise Services.
SECTION 623. AMENDATORY 72 O.S. 2021, Section 411, is
amended to read as follows:
Section 411. There is hereby created in the State Treasury a
revolving fund for the Oklahoma Department of Veterans Affairs to be
designated the "Oklahoma Veteran Housing Program Revolving Fund".
The fund shall be a continuing fund, not subject to fiscal year
limitations, and shall consist of all monies received by the
Oklahoma Department of Veterans Affairs in the form of donations,
appropriations or other monies for such fund. All monies accruing
to the credit of the fund are hereby appropriated and may be
budgeted and expended by the Department for the purpose of providing
grants to eligible veterans as provided by law. Expenditures from
the fund shall be made upon warrants issued by the State Treasurer
against claims filed as prescribed by law with the Director Chief
Operating Officer of the Office of Management and Enterprise
Services for approval and payment.
SECTION 624. AMENDATORY 73 O.S. 2021, Section 19, is
amended to read as follows:
Section 19. A. There is hereby created in the State Treasury a
fund for the Office of Management and Enterprise Services to be
known as the "Oklahoma State Capitol Building Repair and Restoration
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Fund". The fund shall be a continuing fund, not subject to fiscal
year limitations, and shall consist of all monies deposited to the
fund pursuant to law. All monies accruing to the credit of said
fund are hereby appropriated and may be budgeted and expended only
for the purposes authorized by subsection B of this section.
Expenditures from said fund shall be made upon warrants issued by
the State Treasurer against claims filed as prescribed by law with
the Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment.
B. Monies in the Oklahoma State Capitol Building Repair and
Restoration Fund shall be expended for the repair and restoration of
the Oklahoma State Capitol building upon the recommendation of the
Long-Range Capital Planning Commission and separate from the annual
capital budget as referenced in Section 901 of Title 62 of the
Oklahoma Statutes. Upon the Legislature's determination that the
repair and restoration of the Oklahoma State Capitol building is
complete, any remaining monies in the Oklahoma State Capitol
Building Repair and Restoration Fund shall be transferred to the
Maintenance of State Buildings Revolving Fund established in Section
61.7 of Title 74 of the Oklahoma Statutes.
C. Notwithstanding any other provision of law, there shall be
apportioned to the Oklahoma State Capitol Building Repair and
Restoration Fund from the monies that would otherwise be apportioned
pursuant to the provisions of Section 2352 of Title 68 of the
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Oklahoma Statutes, revenue derived pursuant to subsections B, C and
D of Section 2355 of Title 68 of the Oklahoma Statutes, a sum of
Sixty Million Dollars ($60,000,000.00) for each of the fiscal years
beginning on July 1, 2013, and July 1, 2014. Such apportionment
shall be made in amounts and at such times as it is requested by the
Director Chief Operating Officer of the Office of Management and
Enterprise Services.
SECTION 625. AMENDATORY 73 O.S. 2021, Section 62.2, is
amended to read as follows:
Section 62.2. The Director Chief Operating Officer of the
Office of Management and Enterprise Services is hereby authorized to
enter into a written agreement with the Post Office Department of
the United States permitting said Department to occupy and use
adequate quarters in the State Capitol for a post office free of
cost to the United States. If additional space is needed, the
Director Chief Operating Officer of the Office of Management and
Enterprise Services is hereby authorized to enter into written
agreements providing such additional space in the State Capitol.
The Office of Management and Enterprise Services shall also be
authorized to agree to furnish light, heat, water, janitor service
for said post office, and a safe receptacle in which to keep
property of the United States.
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SECTION 626. AMENDATORY 73 O.S. 2021, Section 83.1, as
last amended by Section 1, Chapter 16, O.S.L. 2025 (73 O.S. Supp.
2025, Section 83.1), is amended to read as follows:
Section 83.1. A. There is hereby re-created to continue until
July 1, 2030, in accordance with the Oklahoma Sunset Law, a Capitol-
Medical Center Improvement and Zoning Commission to exercise the
functions and perform the duties hereinafter prescribed.
B. The Commission shall be composed of eleven (11) members as
follows:
1. The Director Chief Operating Officer of the Office of
Management and Enterprise Services or his or her designee, who shall
be ex officio chair of the Capitol-Medical Center Improvement and
Zoning Commission;
2. The Director of the Transportation Commission or his or her
designee;
3. The President of the University of Oklahoma or his or her
designee;
4. Two members appointed by the President Pro Tempore of the
Senate;
5. Two members appointed by the Speaker of the House of
Representatives;
6. The Chair of the Planning Commission of Oklahoma City or his
or her designee;
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7. The Chair of the Long-Range Capital Planning Commission or
his or her designee; and
8. Two members of the Commission appointed by the Governor,
with the advice and consent of the State Senate, for four-year
staggered terms with one term expiring on January 31 of each even-
numbered year.
C. The Commission is authorized to appoint and hire a Director,
who shall serve as the chief administrative officer of the
Commission, and other necessary personnel. The Attorney General of
the State of Oklahoma shall be the legal advisor to the Commission
in the same capacity as he or she is to other boards and
commissions.
D. At least one of the members appointed by the President Pro
Tempore of the Senate and the Speaker of the House of
Representatives shall be a resident within the boundaries of the
Capitol-Medical Center Improvement and Zoning District as set forth
in Section 83 of this title.
SECTION 627. AMENDATORY 73 O.S. 2021, Section 96, is
amended to read as follows:
Section 96. The Director Chief Operating Officer of the Office
of Management and Enterprise Services is hereby authorized to
regulate parking of vehicles on the streets in the vicinity of the
State Capitol, the state office building, the State Historical
Building, the State Armory, and other public buildings on the State
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Capitol grounds. Copies of such regulations, including amendments
thereto, shall be filed in the Office of the Secretary of State and
in the office of the city clerk of the City of Oklahoma City, and
copies thereof shall be transmitted to each officer, board or
commission having offices in said buildings. A reasonable amount of
parking space shall be reserved on the streets immediately adjacent
to each of said buildings for citizens, not officers or employees of
the state, having business to transact in such buildings. Parking
space on the streets and on the public grounds may also be reserved
for officers and employees. Such regulations may provide for
diagonal or parallel parking of vehicles, the time limit for parking
in spaces reserved, when such regulations shall be applicable, the
placing of appropriate signs and other markings as to the
availability of parking space, the issuance of appropriate stickers
identifying vehicles, reservation of space for bus stops, and such
other reasonable regulations as are deemed necessary to an orderly
system to prevent congestion of traffic and the abuse of parking
privileges on said streets. The Attorney General shall assist the
Director Chief Operating Officer of the Office of Management and
Enterprise Services in the preparation of said regulations. Such
regulations shall be enforced by the Highway Patrol Division of the
Department of Public Safety and by the police of the City of
Oklahoma City or other peace officers. The authority of the City of
Oklahoma City to regulate parking on the streets in the vicinity of
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the above referred to buildings is hereby withdrawn, and the
Director Chief Operating Officer of the Office of Management and
Enterprise Services and the city manager of the City of Oklahoma
City shall cooperate to the extent necessary in specifically
defining the boundary or territorial limits of the respective
jurisdictions in respect to the subject matter of this section and
Section 97 of this title.
SECTION 628. AMENDATORY 73 O.S. 2021, Section 97, is
amended to read as follows:
Section 97. Complaints for the violation of any of said
regulations promulgated by the Director Chief Operating Officer of
the Office of Management and Enterprise Services shall be filed with
the municipal court of the City of Oklahoma City, and said court
shall exercise jurisdiction over the same. Any person found guilty
by said court of violating any of said regulations shall be punished
by a fine in a sum not exceeding Twenty Dollars ($20.00), inclusive
of costs. Each violation shall constitute a separate and distinct
offense. Appeals may be taken in the same manner as appeals from
said court in cases involving violations of city ordinances. In
such cases the City of Oklahoma City shall receive One Dollar
($1.00) as costs, and one-half (1/2) of the fine collected. The
remaining one-half (1/2) of the fine shall be paid to the State
Treasurer and shall be placed in a fund which shall be used by the
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Office of Management and Enterprise Services in the maintenance and
upkeep of the Capitol grounds.
SECTION 629. AMENDATORY 73 O.S. 2021, Section 99.15, is
amended to read as follows:
Section 99.15. A. There is hereby created in the State
Treasury a revolving fund for the Oklahoma Capitol Complex and
Centennial Commemoration Commission to be designated as the
"Oklahoma Historic Capitols Preservation Act Revolving Fund".
B. The fund shall consist of all monies that are received by
the Commission from appropriations or donations for historic capitol
building projects pursuant to the Oklahoma Historic Capitols
Preservation Act.
C. The fund shall be a continuing fund not subject to fiscal
year limitations. Expenditures from the fund shall be for expenses
related to any authorized activity of the Commission pursuant to the
Oklahoma Historic Capitols Preservation Act and shall be made
pursuant to law and without legislative appropriation. Warrants for
the expenditures from the fund shall be issued by the State
Treasurer against claims signed by an authorized employee of the
Commission and approved for payment by the Director Chief Operating
Officer of the Office of Management and Enterprise Services.
D. The Commission may use monies in the fund to provide
matching grants to applicants that have jurisdiction over an
historic capitol building for an historic capitol building project
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or to provide the State Historic Preservation Officer, created by
Section 354 of Title 53 of the Oklahoma Statutes, funds to assist
the Commission in administering the program.
SECTION 630. AMENDATORY 73 O.S. 2021, Section 173, as
amended by Section 2, Chapter 429, O.S.L. 2024 (73 O.S. Supp. 2025,
Section 173), is amended to read as follows:
Section 173. A. The Oklahoma Capitol Improvement Authority may
contract with the Office of Management and Enterprise Services to
maintain grounds and for housekeeping, maintenance and repair of
properties under the jurisdiction of the Authority.
B. The Oklahoma Capitol Improvement Authority and the Office of
Management and Enterprise Services shall contract with the
Department of Public Safety for security and law enforcement
services in all facilities under the jurisdiction of the Authority
or Department within the State Capitol Park in Oklahoma City.
C. The Oklahoma Capitol Improvement Authority shall provide
office and operations space for Office of Management and Enterprise
Services functions.
D. The Office of Management and Enterprise Services shall
establish accounts for the Office of Management and Enterprise
Services, by building or other improvement, as the Director Chief
Operating Officer of the Office of Management and Enterprise
Services considers necessary to properly account and identify
receipts and expenditures related to construction, repair,
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maintenance, insurance and other operating expenses of buildings and
improvements owned, used or occupied by or on behalf of the Oklahoma
Capitol Improvement Authority, where the services are carried out by
contract with the Authority.
SECTION 631. AMENDATORY 73 O.S. 2021, Section 179, is
amended to read as follows:
Section 179. A. There is hereby created in the State Treasury
a revolving fund for the Oklahoma Tourism and Recreation Department,
to be designated the "1995 Tourism Bond Revolving Fund". The fund
shall be a continuing fund, not subject to fiscal year limitations,
and shall consist of all revenues generated pursuant to the
provisions of Section 178 of this title, which are not otherwise
committed for other lawful purposes. All monies accruing to the
credit of the fund are hereby appropriated and may be budgeted and
expended by the Oklahoma Tourism and Recreation Department for
purposes of retiring the debt created pursuant to Section 178 of
this title. Expenditures from the fund shall be made upon warrants
issued by the State Treasurer against claims filed as prescribed by
law with the Director Chief Operating Officer of the Office of
Management and Enterprise Services for approval and payment.
B. Any revenues generated pursuant to Section 178 of this
title, and not expended for purposes of meeting the requirements of
subsection A of this section, may be expended for paying the
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operations and maintenance expenses for facilities created pursuant
to Section 178 of this title.
C. The Oklahoma Tourism and Recreation Department shall submit
an annual report to the President Pro Tempore of the Senate, the
Speaker of the House of Representatives, and the Governor detailing
the revenues generated and detailing the operating and maintenance
expenses in the previous fiscal year which are attributable to the
repairs, refurbishments and improvements to Oklahoma Tourism and
Recreation Department properties pursuant to Section 178 of this
title. Such report shall be submitted before August 1 of each year.
SECTION 632. AMENDATORY Section 2, Chapter 1, 1st
Extraordinary Session, O.S.L. 2023, as amended by Section 1, Chapter
393, O.S.L. 2024 (73 O.S. Supp. 2025, Section 187B), is amended to
read as follows:
Section 187B. A. There is hereby created in the State Treasury
a revolving fund for the Oklahoma Capitol Improvement Authority to
be designated the "Legacy Capital Financing Fund". The fund shall
be a continuing fund, not subject to fiscal year limitations, and
shall consist of all monies received by the Oklahoma Capitol
Improvement Authority eligible under law and directed for deposit.
All monies accruing to the credit of said fund are hereby
appropriated and may be budgeted and expended by the Oklahoma
Capitol Improvement Authority for capital projects specifically and
exclusively as authorized by law. Such budgeting and expenditure
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shall strictly adhere to the specific terms, limitations, purposes,
and requirements described in such authorizations and in this act.
Expenditures from said fund shall be made upon warrants issued by
the State Treasurer against claims filed as prescribed by law with
the Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment.
B. 1. The Oklahoma Capitol Improvement Authority shall be
authorized to enter into memoranda of understanding with agencies,
departments, and subdivisions of the state as provided by law and as
deemed necessary by the Authority to administer expenditures from
and deposits to the Legacy Capital Financing Fund; provided that
such memoranda of understanding do not conflict with or impede the
administration of capital projects specifically authorized by law.
Such memoranda of understanding shall not constitute a legal
obligation of the State of Oklahoma.
2. a. Unless specified otherwise in the applicable
authorizing legislation, all distributions from the
Legacy Capital Financing Fund shall be returned to the
Fund over a twenty-year period. Such distributions
shall be returned in the form of LCF Recapitalization
Payments as provided in subparagraph b of this
paragraph.
b. The annual LCF Recapitalization Payment required of
entities in receipt of Legacy Capital Financing Fund
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distributions shall be equal to one-twentieth (1/20)
of the amount distributed to the entity. Such payment
shall be collected by the Oklahoma Capitol Improvement
Authority in equal monthly installments and deposited
to the Legacy Capital Financing Fund; provided, that
in the year of initial distribution no monthly payment
shall be made until the second month after such
distribution. Upon such second month, all monthly
payments for such state fiscal year up to that point
shall become payable.
c. (1) By authorizing distributions from the Legacy
Capital Financing Fund and making recipients of
such funds responsible for LCF Recapitalization
Payments, the Legislature voluntarily subjects
itself to the moral obligation that the
Legislature shall appropriate to recipient state
agencies, otherwise receiving legislative
appropriations, the first annual required LCF
Recapitalization Payment for the state fiscal
year for which the distribution was authorized,
and that such appropriated amount shall remain in
the agency's appropriation base for the duration
of the LCF Recapitalization period for such
project.
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(2) The Legislature, as it deems necessary for the
best interests of the state, may suspend or
restructure for a period of time such LCF
Recapitalization Payments through the adoption of
a concurrent resolution.
C. Limited to the extent required for projects specifically
authorized through the Legacy Capital Financing Act, the Oklahoma
Capitol Improvement Authority shall be authorized to:
1. Acquire real property together with improvements located
thereon and personal property;
2. Provide for the construction of improvements to real
property and to provide funding for repairs, refurbishments, and
improvements to real and personal property;
3. Hold title to property and improvements as necessary to
comply with legal directives and authorizations; and
4. Lease, transfer, and otherwise legally dispose of property
and improvements as necessary to comply with legal directives and
authorizations.
D. No later than January 15 annually, the Oklahoma Capitol
Improvement Authority shall submit electronically to the Governor,
the Speaker of the Oklahoma House of Representatives, the President
Pro Tempore of the Oklahoma State Senate, the Appropriations and
Budget Chair of the Oklahoma House of Representatives, and the
Appropriations Chair of the Oklahoma State Senate a report detailing
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impacts to the balance of the Legacy Capital Financing Fund
occurring in the prior calendar year, including, but not limited to,
all distributions, expenditures, collections, deposits and
investment returns of the Legacy Capital Financing Fund.
E. Notwithstanding any provision of law to the contrary, all
interest and income derived from deposits to the Legacy Capital
Financing Fund shall be credited to the Legacy Capital Financing
Fund.
SECTION 633. AMENDATORY Section 2, Chapter 441, O.S.L.
2024, as amended by Section 3, Chapter 439, O.S.L. 2025 (73 O.S.
Supp. 2025, Section 188B), is amended to read as follows:
Section 188B. A. There is hereby created in the State Treasury
a revolving fund for the Oklahoma Capitol Improvement Authority to
be designated the “Oklahoma Capital Assets Maintenance and
Protection Fund” (OCAMP Fund). The fund shall be a continuing fund,
not subject to fiscal year limitations, and shall consist of all
monies received by the Oklahoma Capitol Improvement Authority
eligible under law and directed for deposit to the fund. All monies
accruing to the credit of the fund are hereby appropriated and,
except for the transfer required pursuant to Enrolled Senate Bill
No. 1125 of the 2nd Session of the 59th Oklahoma Legislature, may be
allocated, budgeted, and expended by the Oklahoma Capitol
Improvement Authority as directed by the Long-Range Capital Planning
Commission. Such allocations, budgeting, and expenditures shall
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strictly adhere to the specific terms, limitations, purposes, and
requirements described in the directive adopted by the Commission.
Expenditures from the fund shall be made upon warrants issued by the
State Treasurer against claims filed as prescribed by law with the
Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment.
B. The Oklahoma Capitol Improvement Authority shall be
authorized to enter into memoranda of understanding with agencies,
departments, and subdivisions of the state as provided by law and as
deemed necessary by the Authority to administer expenditures from
and allocations and deposits to and from the Oklahoma Capital Assets
Maintenance and Protection Fund, provided that such memoranda of
understanding do not conflict with or impede the administration of
capital projects specifically authorized by law or directed by the
Commission. Such memoranda of understanding shall not constitute a
legal obligation of this state.
C. Limited to the extent required for projects specifically
authorized under the provisions of the Oklahoma Capital Assets
Maintenance and Protection Act, the Oklahoma Capitol Improvement
Authority shall be authorized to:
1. Acquire real property together with improvements located
thereon and personal property;
2. Provide for the construction of improvements to real
property and to provide funding for repairs, refurbishments,
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deferred maintenance, and improvements to real and personal
property;
3. Hold title to property and improvements as necessary to
comply with legal directives and authorizations; and
4. Lease, transfer, and otherwise legally dispose of property
and improvements as necessary to comply with legal directives and
authorizations.
D. No later than January 15 annually, the Oklahoma Capitol
Improvement Authority shall submit electronically to the Governor,
the President Pro Tempore of the Senate, the Speaker of the House of
Representatives, the Chair of the Appropriations Committee of the
Senate, and the Chair of the Appropriations and Budget Committee of
the House of Representatives a report detailing impacts to the
balance of the Oklahoma Capital Assets Maintenance and Protection
Fund occurring in the prior calendar year, including, but not
limited to, all distributions, expenditures, collections, and
deposits of the Oklahoma Capital Assets Maintenance and Protection
Fund.
SECTION 634. AMENDATORY 73 O.S. 2021, Section 301.1, is
amended to read as follows:
Section 301.1. The Oklahoma Capitol Improvement Authority is
hereby authorized to sell parcels of real property associated with
the Lincoln Boulevard Renaissance Project in Oklahoma City, whether
acquired from the proceeds of bonds issued pursuant to the
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provisions of paragraph 4 of subsection A of Section 301 of this
title or from other sources; provided:
1. The Director Chief Operating Officer of the Office of
Management and Enterprise Services, with advice from the
Construction and Properties Division of the Office, determines the
parcel or parcels of land to be not useful for construction of a
state office building because of lot size, location or other
applicable factors;
2. The sale of the parcel or parcels is approved by the
Oklahoma Capitol Improvement Authority;
3. Restrictions are placed on the use of any such parcel sold
to assure it will not conflict with or be detrimental to the
development of the remainder of the Lincoln Boulevard Renaissance
Project;
4. The parcel or parcels are sold in compliance with procedures
for sale of state land set forth in Sections 327 and 327.1 of Title
61 of the Oklahoma Statutes, or the parcels may be transferred for
the purpose of further development to the Commissioners of the Land
Office for no less than the appraised value and no less than the
amount required to fully satisfy the proportionate amount of
outstanding bonds on the parcels to be transferred; and
5. In the opinion of the State Bond Advisor, the sale of such
land will not adversely affect the tax-exempt status of the Oklahoma
Capitol Improvement Authority State Facilities Revenue Bonds, Series
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1999A or any other bond issue, the proceeds of which were used to
purchase or acquire such land.
SECTION 635. AMENDATORY 73 O.S. 2021, Section 304.2, is
amended to read as follows:
Section 304.2. A. In addition to any other authorization
provided by law, and under the conditions herein expressed, the
Oklahoma Capitol Improvement Authority (OCIA) is authorized to issue
additional obligations to provide funding for improvements to real
and personal property and for funding of further construction,
improvements, development and enhancement of the American Indian
Cultural Center and Museum (AICCM), to include personal property and
exhibits with debt retirement payments to be made as provided
herein; provided, however, that such obligations shall not be issued
until the Director Chief Operating Officer of the Office of
Management and Enterprise Services (OMES) has certified that at
least Ten Million Dollars ($10,000,000.00), in accordance with the
requirements of paragraph 1 of subsection B of Section 1226.19 of
Title 74 of the Oklahoma Statutes, has been deposited in the
American Indian Cultural Center and Museum Completion Fund created
by Section 1226.20 of Title 74 of the Oklahoma Statutes.
B. The obligations authorized under this section shall be
repaid from lease payments to be made by the Native American
Cultural and Educational Authority (Authority) until its termination
and thereafter by the American Indian Cultural Center and Museum
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Trust Authority (AICCMTA) created by Section 1226.21 of Title 74 of
the Oklahoma Statutes or another designated state agency for deposit
to the American Indian Cultural Center and Museum Postcompletion
Revolving Fund created by Section 1226.22 of Title 74 of the
Oklahoma Statutes, it being the express intent of the Legislature to
appropriate funds to such agencies in sufficient amount to make
lease payments which will provide for the repayment of such
obligations.
C. The obligations authorized under this section to provide
additional funding for the AICCM may be issued by OCIA, in one or
more series, in an aggregate amount sufficient to generate net
proceeds of Twenty-five Million Dollars ($25,000,000.00) after
providing for costs of issuance, credit enhancement, reserves and
other associated expenses related to the financing. Net proceeds of
the financing will be deposited into a construction fund to provide
for the construction and acquisition of improvements described
herein. It is the intent of the Legislature to appropriate to the
Authority or, after its termination pursuant to Section 1226.2 of
Title 74 of the Oklahoma Statutes, to the AICCMTA or another
designated state agency for deposit to the American Indian Cultural
Center and Museum Postcompletion Revolving Fund, sufficient monies
to make payments for the purposes of retiring the obligations
created pursuant to this section. To the extent funds are available
from the proceeds of the borrowing authorized by this section, OCIA
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shall provide for the payment of professional fees and associated
costs related to the projects authorized in subsection A of this
section.
D. OCIA is authorized to hire bond counsel, special tax
counsel, financial consultants and such other professionals as it
may deem necessary to provide for the efficient sale of the
obligations and may utilize a portion of the proceeds of any
borrowing to create such reserves as may be deemed necessary and to
pay costs associated with the issuance and administration of such
obligations.
E. The obligations authorized under this section may be sold at
either competitive or negotiated sale, as determined by OCIA, and in
such form and at such prices as may be authorized by OCIA. OCIA may
enter into agreements with such credit enhancers and liquidity
providers as may be determined necessary to efficiently market the
obligations. The obligations may mature and have such provisions
for redemption as shall be determined by OCIA, but in no event shall
the final maturity of such obligations occur later than thirty (30)
years from the first principal maturity date.
F. Any interest earnings on funds or accounts created for the
purposes of this section may be utilized as partial payment of the
annual debt service or for the purposes directed by OCIA.
G. The obligations issued under this section, the transfer
thereof and the interest earned on such obligations, including any
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profit derived from the sale thereof, shall not be subject to
taxation of any kind by the State of Oklahoma, or by any county,
municipality or political subdivision therein.
H. OCIA may direct the investment of all monies in any funds or
accounts created in connection with the offering of the obligations
authorized under this section. Such investments shall be made in a
manner consistent with the investment guidelines of the State
Treasurer. OCIA may place additional restrictions on the investment
of such monies if necessary to enhance the marketability of the
obligations.
I. Insofar as they are not in conflict with the provisions of
this section, the provisions of Section 151 et seq. of this title
shall apply to this section.
J. The bonds or other obligations issued pursuant to this
section shall not at any time be deemed to constitute a debt of the
state or of any political subdivision thereof or a pledge of the
faith and credit of the state or of any such political subdivision.
Such bonds or other obligations shall contain on the face thereof a
statement that neither the faith and credit nor the taxing power of
the state or any political subdivision thereof is pledged, or may
hereafter be pledged, to the payment of the principal of or the
interest on such bonds.
K. The requirements for issuance of the additional obligations
described by this section shall be deemed to have been fully
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satisfied by actions which include certification by the Director
Chief Operating Officer of the Office of Management and Enterprise
Services that at least Ten Million Dollars ($10,000,000.00) has been
deposited in the American Indian Cultural Center and Museum
Completion Fund, in accordance with the requirements of paragraph 1
of subsection B of Section 1226.19 of Title 74 of the Oklahoma
Statutes.
SECTION 636. AMENDATORY 73 O.S. 2021, Section 345, is
amended to read as follows:
Section 345. A. In addition to any other authorization
provided by law, the Oklahoma Capitol Improvement Authority is
authorized to issue obligations to acquire real property, together
with improvements located thereon, and personal property to
construct improvements to real property and to provide funding for
repairs, refurbishments and improvements to real and personal
property of the State Capitol Building in a total amount not to
exceed One Hundred Twenty Million Dollars ($120,000,000.00). The
funds shall be used for the renovation, repair and remodeling of the
State Capitol Building.
B. The Authority may hold title to the property and
improvements until such time as any obligations issued for this
purpose are retired or defeased and may lease the property and
improvements to the Office of Management and Enterprise Services.
Upon final redemption or defeasance of the obligations created
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pursuant to this section, title to the property and improvements
shall be transferred from the Oklahoma Capitol Improvement Authority
to the Office of Management and Enterprise Services.
C. For the purposes of paying the costs for construction of the
real property and improvements, and providing funding for the
project authorized in subsection A of this section, and for the
purpose authorized in subsection D of this section, the Authority is
hereby authorized to borrow monies on the credit of the income and
revenues to be derived from the leasing of such property and
improvements and, in anticipation of the collection of such income
and revenues, to issue negotiable obligations in a total amount not
to exceed One Hundred Twenty Million Dollars ($120,000,000.00)
whether issued in one or more series. The Authority is authorized
to capitalize interest on the obligations issued pursuant to this
section for a period of not to exceed one (1) year from the date of
issuance. For subsequent fiscal years, it is the intent of the
Legislature to appropriate to the Office of Management and
Enterprise Services sufficient monies to make rental payments for
the purpose of retiring the obligations created pursuant to this
section. To the extent funds are available from the proceeds of the
borrowing authorized by this subsection, the Oklahoma Capitol
Improvement Authority shall provide for the payment of professional
fees and associated costs related to the project authorized in
subsection A of this section.
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D. The Authority may issue obligations in one or more series
and in conjunction with other issues of the Authority. The
Authority is authorized to hire bond counsel, financial consultants,
and such other professionals as it may deem necessary to provide for
the efficient sale of the obligations and may utilize a portion of
the proceeds of any borrowing to create such reserves as may be
deemed necessary and to pay costs associated with the issuance and
administration of such obligations.
E. The obligations authorized under this section may be sold at
either competitive or negotiated sale, as determined by the
Authority, and in such form and at such prices as may be authorized
by the Authority. The Authority may enter into agreements with such
credit enhancers and liquidity providers as may be determined
necessary to efficiently market the obligations. The obligations
may mature and have such provisions for redemption as shall be
determined by the Authority, but in no event shall the final
maturity of such obligations occur later than ten (10) years from
the first principal maturity date.
F. Any interest earnings on funds or accounts created for the
purposes of this section may be utilized as partial payment of the
annual debt service or for the purposes directed by the Authority.
G. The obligations issued under this section, the transfer
thereof and the interest earned on such obligations, including any
profit derived from the sale thereof, shall not be subject to
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taxation of any kind by the State of Oklahoma, or by any county,
municipality or political subdivision therein.
H. The Authority may direct the investment of all monies in any
funds or accounts created in connection with the offering of the
obligations authorized under this section. Such investments shall
be made in a manner consistent with the investment guidelines of the
State Treasurer. The Authority may place additional restrictions on
the investment of such monies if necessary to enhance the
marketability of the obligations.
I. There is hereby created a State Capitol Repair Expenditure
Oversight Committee. The proceeds from the sale of obligations
issued pursuant to the provisions of this section and Section 1 of
Enrolled House Bill No. 3168 of the 2nd Session of the 55th Oklahoma
Legislature that are needed for repairs to the interior and exterior
of the State Capitol shall be subject to the approval of the State
Capitol Repair Expenditure Oversight Committee; provided, however,
the expenditure of those proceeds shall be subject to a request for
proposal process.
The Committee shall be composed of nine (9) members as follows:
1. Three persons to be appointed by the Governor, one of whom
shall serve as chair of the Committee;
2. Three legislators to be appointed by the Speaker of the
House of Representatives, two of whom shall be members of the
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majority political party and one of whom shall be a member of the
minority political party; and
3. Three legislators to be appointed by the President Pro
Tempore of the Senate, two of whom shall be members of the majority
political party and one of whom shall be a member of the minority
political party. Five members of the Committee shall constitute a
quorum and the vote of five members shall be necessary for any
action taken by the Committee. The Committee shall be staffed by
employees of the Office of Management and Enterprise Services. The
Committee shall be subject to the Oklahoma Open Meeting Act.
J. The Committee shall deliver a preliminary plan for the
renovation, repair and remodeling of the State Capitol to the
Director Chief Operating Officer of the Office of Management and
Enterprise Services no later than December 31, 2014. The
preliminary plan shall include the following components:
1. Establishment of the Office of Management and Enterprise
Services' goal and criteria for use by the vendor; and
2. Selection criteria for the design-build team vendor to be
selected through a Request For Proposal process.
K. Following receipt of the preliminary plan as approved by the
Committee, the Office of Management and Enterprise Services shall
solicit Requests For Proposals to select the vendor for the project.
L. The Committee shall deliver a final plan to the Director
Chief Operating Officer of the Office of Management and Enterprise
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Services no later than June 30, 2015. The final plan shall include
the following components:
1. Approval of the final scope of work developed by the vendor;
and
2. Approval of the project phasing developed by the vendor.
M. Following delivery of the final plan, the Committee shall
continue to oversee the expenditure of proceeds from the sale of
obligations issued pursuant to the provisions of this section and
Section 1 of Enrolled House Bill No. 3168 of the 2nd Session of the
55th Legislature, until completion of the renovation, repair and
remodeling of the State Capitol. The Committee may also propose and
approve amendments to the plan as it deems appropriate.
N. The Director Chief Operating Officer of the Office of
Management and Enterprise Services shall have responsibility to
substantially implement the plan as presented by the Committee;
provided, the President Pro Tempore of the Senate or the Speaker of
the House of Representatives shall approve all proposed designs
related to renovation, repair and remodeling of space within the
State Capitol Building under the management and control of the
Legislature and allocated to that officer's house of the Legislature
pursuant to the provisions of Section 15.1 of this title, and any
subsequent changes to such plans. Joint approval of the President
Pro Tempore of the Senate and the Speaker of the House of
Representatives shall be required for such plans for space under the
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management and control of the Legislature and not allocated to a
specific house of the Legislature. Such approval shall be in
writing.
O. Insofar as they are not in conflict with the provisions of
this section, the provisions of Section 151 et seq. of this title
shall apply to this section.
SECTION 637. AMENDATORY Section 2, Chapter 311, O.S.L.
2024 (73 O.S. Supp. 2025, Section 402), is amended to read as
follows:
Section 402. There is hereby created in the State Treasury a
revolving fund for the Office of Management and Enterprise Services
to be designated the “State Capitol Arch Maintenance Revolving
Fund”. The fund shall be a continuing fund, not subject to fiscal
year limitations, and shall consist of all monies received by the
Office of Management and Enterprise Services from appropriations,
donations, gifts and bequests by individuals, corporations,
organizations, associations and foundations provided for the purpose
of maintenance of the State Capitol Arch. All monies accruing to
the credit of the fund are hereby appropriated and may be budgeted
and expended by the Office of Management and Enterprise Services for
the purpose provided for in this section. Expenditures from the
fund shall be made upon warrants issued by the State Treasurer
against claims filed as prescribed by law with the Director Chief
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Operating Officer of the Office of Management and Enterprise
Services for approval and payment.
SECTION 638. AMENDATORY Section 1, Chapter 269, O.S.L.
2025 (73 O.S. Supp. 2025, Section 403), is amended to read as
follows:
Section 403. There is hereby created in the State Treasury a
revolving fund for the Office of Management and Enterprise Services
(OMES) to be designated the “State Capitol Arch Memorial Statue
Revolving Fund”. The fund shall be a continuing fund, not subject
to fiscal year limitations, and shall consist of all monies received
by OMES from private donations, gifts, grants, or other sources of
private funding provided for the purpose of installing and
maintaining veteran memorial statues around the State Capitol Arch.
All monies accruing to the credit of the fund are hereby
appropriated and may be budgeted and expended by OMES for the
purpose provided for in this section. Expenditures from the fund
shall be made upon warrants issued by the State Treasurer against
claims filed as prescribed by law with the Director Chief Operating
Officer of the Office of Management and Enterprise Services for
approval and payment.
SECTION 639. AMENDATORY 74 O.S. 2021, Section 9.33, is
amended to read as follows:
Section 9.33. There is created in the State Treasury a
revolving fund for the Office of Disability Concerns to be
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designated as the "Office of Disability Concerns Revolving Fund".
The fund shall be a continuing fund, not subject to fiscal year
limitations, and shall consist of all nonfederal monies received by
the Office of Disability Concerns, including receipts, from any
state agency or institution, gifts, contributions, donations and
bequests. All monies accruing to the credit of said fund are hereby
appropriated and may be budgeted and expended by the Office of
Disability Concerns to perform duties as prescribed by law.
Expenditures from said fund shall be made upon warrants issued by
the State Treasurer against claims filed as prescribed by law with
the Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment.
SECTION 640. AMENDATORY Section 1, Chapter 312, O.S.L.
2024 (74 O.S. Supp. 2025, Section 18q-1), is amended to read as
follows:
Section 18q-1. A. There is hereby created in the State
Treasury a revolving fund for the Office of the Attorney General to
be designated the "Federal Overreach and Extraordinary Litigation
Revolving Fund". The fund shall be a continuing fund, not subject
to fiscal year limitations, and shall consist of all monies eligible
and designated for deposit by law. All monies accruing to the
credit of the fund are hereby appropriated and may be budgeted and
expended by the Office of the Attorney General for the purposes of
addressing federal overreach. Expenditures from said fund shall be
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made upon warrants issued by the State Treasurer against claims
filed as prescribed by law with the Director Chief Operating Officer
of the Office of Management and Enterprise Services for approval and
payment.
B. For purposes of this section, the term "addressing federal
overreach" includes efforts by the Office of the Attorney General
related to:
1. Duties assigned pursuant to paragraph 24 of subsection A of
Section 18b of Title 74 of the Oklahoma Statutes;
2. The State Reserved Powers Protection Unit created pursuant
to Section 18q of Title 74 of the Oklahoma Statutes; and
3. Extraordinary litigation and other expenses related to any
of the following: foreign threats, interstate crime, terrorist
organizations, gross violations of public trust, and statewide
public safety.
SECTION 641. AMENDATORY 74 O.S. 2021, Section 19.1, is
amended to read as follows:
Section 19.1. There is hereby created in the State Treasury a
revolving fund for the Office of the Attorney General to be
designated the "Attorney General's Law Enforcement Revolving Fund".
The fund shall be a continuing fund, not subject to fiscal year
limitations, and shall consist of any monies received from the sale
of confiscated property, the seizure and forfeiture of confiscated
monies, property, gifts, bequests, revises or contributions, public
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or private, including federal funds unless otherwise provided by
federal law or regulation. All monies accruing to the credit of
said fund are hereby appropriated and may be budgeted and expended
by the Attorney General for the purposes of investigation,
enforcement and prosecution of cases involving criminal and
forfeiture laws of this state and the United States of America or to
match federal grants. Expenditures from said fund shall be made
upon warrants issued by the State Treasurer against claims filed as
prescribed by law with the Director Chief Operating Officer of the
Office of Management and Enterprise Services for approval and
payment.
SECTION 642. AMENDATORY 74 O.S. 2021, Section 19.3, is
amended to read as follows:
Section 19.3. There is hereby created in the State Treasury a
revolving fund for the Office of the Attorney General, to be
designated the "Attorney General's Insurance Fraud Unit Revolving
Fund". The fund shall be a continuing fund, not subject to fiscal
limitations, and shall consist of any monies designated to the fund
by law. All monies accruing to the credit of said fund are hereby
appropriated and may be budgeted and expended by the Attorney
General for the purposes of investigation, civil action, criminal
action, or referral to the district attorney in cases involving
suspected insurance fraud. Expenditures from said fund shall be
made upon warrants issued by the State Treasurer against claims
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filed as prescribed by law with the Director Chief Operating Officer
of the Office of Management and Enterprise Services for approval and
payment.
SECTION 643. AMENDATORY 74 O.S. 2021, Section 20, as
amended by Section 1, Chapter 138, O.S.L. 2022 (74 O.S. Supp. 2025,
Section 20), is amended to read as follows:
Section 20. A. The Attorney General shall publish all written
opinions which he or she promulgates in connection with the
interpretation of the laws of this state in an electronic format
that is accessible to the public at no cost. The Attorney General
may print the written opinions in bound volumes at his or her
discretion.
B. The Attorney General may sell any surplus bound volumes and
requested individual copies of opinions to help cover the cost of
the publication, postal charges and other necessary expenses.
Proceeds of such sales shall be deposited into the fund established
pursuant to subsection C of this section.
C. There is hereby created in the State Treasury a revolving
fund for the Attorney General, to be designated the Attorney
General's Revolving Fund. The fund shall be a continuing fund, not
subject to fiscal year limitations, and shall consist of all monies
received from the sale of copies of surplus bound volumes and
requested individual copies of opinions and such other monies as are
provided for by law. Expenditures from the fund shall be made upon
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warrants issued by the State Treasurer against claims filed as
prescribed by law with the Director Chief Operating Officer of the
Office of Management and Enterprise Services for approval and
payment.
SECTION 644. AMENDATORY Section 2, Chapter 394, O.S.L.
2024 (74 O.S. Supp. 2025, Section 20k-1B), is amended to read as
follows:
Section 20k-1B. There is hereby created in the State Treasury a
revolving fund for the Office of the Attorney General to be
designated the "Oklahoma Sheriff's Office Funding Assistance
Revolving Fund". The fund shall be a continuing fund, not subject
to fiscal year limitations, and shall consist of all monies directed
to the fund and eligible for deposit by law. All monies accruing to
the credit of said fund are hereby appropriated and may be budgeted
and expended by the Office of the Attorney General exclusively for
the purposes and in compliance with the Oklahoma Sheriff's Office
Funding Assistance Grant Program, created in Section 1 of this act.
Expenditures from said fund shall be made upon warrants issued by
the State Treasurer against claims filed as prescribed by law with
the Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment.
SECTION 645. AMENDATORY 74 O.S. 2021, Section 51.2, as
last amended by Section 3, Chapter 257, O.S.L. 2024 (74 O.S. Supp.
2025, Section 51.2), is amended to read as follows:
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Section 51.2. A. There is hereby created in the State Treasury
a revolving fund for the Office of Homeland Security to be
designated the “Oklahoma Homeland Security Revolving Fund”. The
Oklahoma Homeland Security Revolving Fund shall be a continuing
fund, not subject to fiscal year limitations and shall consist of
monies received by the Office of Homeland Security or the Department
of Public Safety from:
1. Reimbursements from responsible parties for reasonable
actions taken and costs incurred by a regional team in response to
an incident or event involving a dangerous substance;
2. Reimbursements, grants, or other monies received from other
state agencies and entities of state government;
3. Reimbursements, grants, or other monies received by the
Office of Homeland Security or the Department of Public Safety from
the United States government or pursuant to proceedings in district
court to enforce claims initiated pursuant to the Oklahoma Homeland
Security Act or the Oklahoma Emergency Response Act;
4. Gifts, donations, and bequests;
5. Monies appropriated or apportioned by the state; and
6. Receipts from other ancillary services related to incidents
or events related to dangerous substances, not otherwise provided by
law.
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B. All monies accruing to the credit of the Oklahoma Homeland
Security Revolving Fund are hereby appropriated and may be budgeted
and expended by the Office of Homeland Security for:
1. Operating expenses relating to homeland security expenses;
2. Administrative duties in support of homeland security
functions;
3. Education and reimbursement for expenses of regional teams,
including maintenance of equipment; and
4. Reimbursement, as provided in Section 51.4 of this title, of
funeral expenses for any member of the state military forces who
died in the line of duty while serving on state active duty, as
defined in Section 801 of Title 44 of the Oklahoma Statutes.
C. Expenditures from the Oklahoma Homeland Security Revolving
Fund shall be made upon warrants issued by the State Treasurer
against claims filed as prescribed by law with the Director Chief
Operating Officer of the Office of Management and Enterprise
Services for approval and payment.
SECTION 646. AMENDATORY 74 O.S. 2021, Section 51.2c, as
last amended by Section 6, Chapter 257, O.S.L. 2024 (74 O.S. Supp.
2025, Section 51.2c), is amended to read as follows:
Section 51.2c. A. There is hereby created in the State
Treasury a revolving fund for the Office of Homeland Security to be
designated the “Oklahoma School Security Revolving Fund”. The
Oklahoma School Security Revolving Fund shall be a continuing fund,
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not subject to fiscal year limitations, and shall consist of monies
received by the Office of Homeland Security from:
1. Reimbursements, grants, or other monies received from other
state agencies and entities of state government for school security;
2. Reimbursements, grants, or other monies received by the
Office of Homeland Security from the United States government
obligated to school security projects;
3. Gifts, donations, and bequests; and
4. Monies appropriated or apportioned by the state.
B. All monies accruing to the credit of the Oklahoma School
Security Revolving Fund are hereby appropriated and may be budgeted
and expended by the Office of Homeland Security for the
administration of the Oklahoma School Security Grant Program.
Contingent upon the availability of funding, the Office of Homeland
Security may make grants each year to institutions of higher
learning, technology center schools, public schools, and private
schools as provided in Section 51.2b of this title.
C. Expenditures from the Oklahoma School Security Revolving
Fund shall be made upon warrants issued by the State Treasurer
against claims filed as prescribed by law with the Director Chief
Operating Officer of the Office of Management and Enterprise
Services for approval and payment.
SECTION 647. AMENDATORY 74 O.S. 2021, Section 61.2, is
amended to read as follows:
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Section 61.2. Whenever the terms "Board of Affairs", "State
Board of Public Affairs", "Board" when used in reference to the
Board Of Public Affairs, "Office of Public Affairs", or "Department
of Central Services" appear in the Oklahoma Statutes they shall mean
the Office of Management and Enterprise Services. Whenever the term
"Director of Public Affairs" appears in the Oklahoma Statutes it
shall mean the Director Chief Operating Officer of the Office of
Management and Enterprise Services. Whenever the term "Director of
Central Services" appears in the Oklahoma Statutes it shall mean the
Director Chief Operating Officer of the Office of Management and
Enterprise Services or designee.
SECTION 648. AMENDATORY 74 O.S. 2021, Section 61.3, is
amended to read as follows:
Section 61.3. The Director Chief Operating Officer of the
Office of Management and Enterprise Services, with the approval of
the Governor, shall employ and make the appointment of such experts
and assistants as may be necessary in the performance of the
Director's Chief Operating Officer's duties as required by law. No
appointments to positions shall be made in excess of the positions
authorized by act of the Legislature for the Office of Management
and Enterprise Services.
SECTION 649. AMENDATORY 74 O.S. 2021, Section 61.4, is
amended to read as follows:
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Section 61.4. The Director Chief Operating Officer of the
Office of Management and Enterprise Services shall employ an
attorney and one assistant attorney to serve as legal counsel for
the Office of Management and Enterprise Services. The attorney and
one assistant attorney shall be authorized to appear for and
represent the Office of Management and Enterprise Services in all
litigation that may arise from the discharge of its duties, except
as otherwise provided in this section, and shall advise it upon all
legal matters pertaining to the Office of Management and Enterprise
Services. The salary for the attorney and the assistant attorney
shall be fixed by the Director Chief Operating Officer. Any
litigation concerning the Comprehensive Professional Risk Management
Program of the Office of Management and Enterprise Services shall be
handled by the Attorney General of the State of Oklahoma; provided,
the Director Chief Operating Officer of the Office of Management and
Enterprise Services may employ private attorneys to handle any
litigation which involves entities covered by the Comprehensive
Professional Risk Management Program which are not state agencies.
The attorney, the assistant attorney and, in addition, the Attorney
General, are further authorized to appear for and represent officers
and employees of the Office of Management and Enterprise Services in
any civil suits brought against such officers and employees in their
individual capacities upon alleged causes of action which arose from
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acts or omissions of such officers and employees within the scope of
their official duties.
SECTION 650. AMENDATORY 74 O.S. 2021, Section 61.8, as
amended by Section 1, Chapter 194, O.S.L. 2025 (74 O.S. Supp. 2025,
Section 61.8), is amended to read as follows:
Section 61.8. A. The Long-Range Capital Planning Commission
shall work to decrease the amount of property owned by Oklahoma
state government, return state-owned property to private sector
ownership, better maintain and utilize the state’s needed capital
assets, and, whenever possible, eliminate the practice of state
agencies leasing real property not owned by the state.
B. Each year, the Director Chief Operating Officer of the
Office of Management and Enterprise Services, at the direction of
the Long-Range Capital Planning Commission, shall take action to
approve the privatization of state-owned real property as identified
pursuant to the Oklahoma State Government Asset Reduction and Cost
Savings Program. Proceeds from the liquidation of real properties
shall be deposited into the Maintenance of State Buildings Revolving
Fund.
C. Prior to entering into or renewing a lease for real
property, each state agency, board, commission, and public trust
having the state as a beneficiary shall receive approval for
entering into the lease from the Office of Management and Enterprise
Services.
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D. Prior to making a purchase of real property or constructing
a building, each state agency, board, commission, and public trust
having the state as a beneficiary shall receive approval for the
purchase or construction from the Director Chief Operating Officer
of the Office of Management and Enterprise Services; provided, if
such purchase or construction is deemed by the Director Chief
Operating Officer of the Office of Management and Enterprise
Services to be within the authority of the Long-Range Capital
Planning Commission, the Director Chief Operating Officer shall not
approve the purchase or construction and shall refer the request to
the Commission for action.
E. Prior to approval or referral pursuant to subsection C or D
of this section, the Office of Management and Enterprise Services
shall determine if the applicant entity can utilize already existing
state-owned real property as an alternative to leasing non-state-
owned real property or purchasing or constructing new real property.
If such existing state-owned real property is owned by the Oklahoma
Historical Society, is listed on the National Register of Historic
Places or with the National Trust for Historic Preservation, or is
potentially of historical significance, the Office of Management and
Enterprise Services shall notify the Oklahoma Historical Society and
obtain its approval prior to approving an application for its reuse.
F. No state agency, board, commission, or public trust having
the state as its beneficiary shall transfer any real property owned
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by the agency, board, commission, or trust to any other state
agency, board, commission, state beneficiary trust, or any public or
private entity unless the transfer is first approved by the Long-
Range Capital Planning Commission. Any transfer made without the
prior approval of the Long-Range Capital Planning Commission as
required by this subsection may be reversed by the Long-Range
Capital Planning Commission and if a transfer is reversed the
agency, board, commission, state beneficiary trust, or other state
government entity to which the real property has been impermissibly
transferred shall take such actions to convey the subject property
to the entity from which the asset was acquired not later than
thirty (30) days from the date an order for such transfer is entered
by the Long-Range Capital Planning Commission. The Commission shall
not approve any transfer unless proceeds from the sale shall be
deposited within the Maintenance of State Buildings Revolving Fund
as established by Section 908 of Title 62 of the Oklahoma Statutes.
G. By February 1 of each year, the Office of Management and
Enterprise Services shall publish a report for the preceding
calendar year listing the parcels of previously state-owned property
sold, detailing the reduction in the amount of space leased by the
state, describing the source of funds and expenditures from the
Maintenance of State Buildings Revolving Fund, and showing the
manner in which deferred maintenance needs are being met. The
report shall be provided to the Governor, Speaker of the House of
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Representatives, and President Pro Tempore of the Senate and placed
on the documents.ok.gov web portal.
H. This section shall not be applicable to the following or
their lands, properties, buildings, funds, or revenue:
1. The Oklahoma Ordnance Works Authority;
2. The Commissioners of the Land Office;
3. The Department of Transportation;
4. The Oklahoma Turnpike Authority; and
5. The Grand River Dam Authority.
I. The Director Chief Operating Officer of the Office of
Management and Enterprise Services may make recommendations to the
Long-Range Capital Planning Commission for liquidation of
underutilized properties that have environmental issues, create a
liability for the state, or create expenses that make the continued
ownership of the underutilized property undesirable and the property
has been offered through two public auctions or sealed bids and no
viable bids were received. If the Long-Range Capital Planning
Commission approves the liquidation of the property, the Office of
Management and Enterprise Services may accept a bid of less than
ninety percent (90%) of the appraised value in accordance with
Section 327 of Title 61 of the Oklahoma Statutes.
SECTION 651. AMENDATORY 74 O.S. 2021, Section 62.2, is
amended to read as follows:
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Section 62.2. For purposes of the Oklahoma Surplus Property
Act:
1. "Authorized entity" means a political subdivision, school, a
multipurpose senior citizen center, as such term is defined in the
federal Older Americans Act of 1965, group or organization eligible
to acquire surplus property from a surplus property program;
2. "Surplus property" means items, commodities, materials,
supplies or equipment a state agency owns and determines to be
excess, obsolete, antiquated, unused or not needed;
3. "State agency" means any state board, bureau, commission,
department, authority, public trust, interstate commission, the
Judiciary, the Legislature, and the Office of the Governor;
4. "Office" means the Office of Management and Enterprise
Services;
5. "Director Chief Operating Officer" means the Director Chief
Operating Officer of the Office of Management and Enterprise
Services;
6. "Surplus property program" means programs the Director Chief
Operating Officer establishes for the purchase, sale and disposal of
surplus property;
7. "Sale" means methods the Director Chief Operating Officer
uses to dispose of surplus property; and
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8. "Minimal value" or "no value" means surplus property that
has less value than the costs the Office may incur to sell, trade or
dispose of the surplus property.
SECTION 652. AMENDATORY 74 O.S. 2021, Section 62.3, as
amended by Section 1, Chapter 384, O.S.L. 2025 (74 O.S. Supp. 2025,
Section 62.3), is amended to read as follows:
Section 62.3. A. The Director Chief Operating Officer of the
Office of Management and Enterprise Services shall promulgate rules
for use by state agencies and the Office of Management and
Enterprise Services to dispose of surplus property. The rules shall
include standards for recordkeeping, methods for removal or disposal
of surplus property, and acquisition by state agencies and
authorized entities of surplus property, and for Office management
of surplus property programs.
B. A state agency selling, trading, redistributing or otherwise
disposing of surplus property shall comply with the rules
promulgated by the Director Chief Operating Officer.
C. The Office shall make surplus property available to state
agencies and authorized entities, which shall include political
subdivisions, school districts, and nonprofit entities of this
state.
D. The provisions of the Oklahoma Surplus Property Act shall
not apply to institutions of higher education in this state, the
Oklahoma Historical Society, the University Hospitals Authority or
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University Hospitals Trust or the Northeast Oklahoma Public
Facilities Authority. The Grand River Dam Authority shall be exempt
from the provisions of the Oklahoma Surplus Property Act for any
surplus property disposed of prior to November 1, 2006. CompSource
Oklahoma shall be exempt from the provisions of the Oklahoma Surplus
Property Act if CompSource Oklahoma is operating pursuant to a pilot
program authorized by Sections 3316 and 3317 of this title.
E. Notwithstanding the provisions of the Oklahoma Surplus
Property Act, the Oklahoma State Bureau of Investigation may,
pursuant to rules promulgated by the Oklahoma State Bureau of
Investigation Commission for that purpose, donate any surplus
property, as defined in Section 62.2 of this title, to any law
enforcement agency of any political subdivision of the State of
Oklahoma. The use of such donated equipment shall be limited to
valid and authorized law enforcement efforts by the receiving
agency.
F. Notwithstanding the provisions of the Oklahoma Surplus
Property Act, the Oklahoma Highway Patrol may, pursuant to rules
promulgated by the Director Chief Operating Officer of the Office of
Management and Enterprise Services, donate surplus Oklahoma Highway
Patrol vehicles driven over ninety thousand (90,000) miles to any
law enforcement agency of any political subdivision of the State of
Oklahoma in a county with a population of no more than one hundred
thousand (100,000) residents. The use of such donated vehicles
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shall be limited to valid and authorized law enforcement efforts by
the receiving agency.
SECTION 653. AMENDATORY 74 O.S. 2021, Section 63, as
amended by Section 7, Chapter 199, O.S.L. 2025 (74 O.S. Supp. 2025,
Section 63), is amended to read as follows:
Section 63. A. The Office of Management and Enterprise
Services shall have power to promulgate rules not inconsistent with
the laws of this state.
B. The Office of Management and Enterprise Services shall have
charge of the construction, repair, maintenance, insurance, and
operation of all buildings owned, used, or occupied by or on behalf
of the state including buildings owned by the Oklahoma Capitol
Improvement Authority where such services are carried out by
contract with the Authority, except as otherwise provided by law.
Whenever feasible, the Office of Management and Enterprise Services
may utilize the Construction Division of the Department of
Corrections for the construction and repair of buildings for the
Department of Corrections.
C. The Director Chief Operating Officer of the Office of
Management and Enterprise Services shall have authority to purchase
all material and perform all other duties necessary in the
construction, repair, and maintenance of all buildings under its
management or control, shall make all necessary contracts by or on
behalf of the state for any buildings or rooms rented for the use of
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the state or any of the officers thereof, and shall have charge of
the arrangement and allotment of space in such buildings among the
different state officers except as otherwise provided by law.
D. The Office of Management and Enterprise Services shall not
have any authority or responsibility for buildings, rooms or space
under the management or control of the University Hospitals
Authority.
E. The Office of Management and Enterprise Services shall have
the custody and control of all state property, and all other
property managed or used by the state, except military stores and
such property under the control of the State Banking Department and
the two houses of the State Legislature, shall procure all necessary
insurance thereon against loss and shall allot the use of the
property to the several offices of the state, and prescribe where
the property shall be kept for public use.
F. The Office of Management and Enterprise Services shall keep
an accurate account of all property purchased for the state or any
of the departments or officers thereof, except that purchased for
and by the two houses of the State Legislature. The two houses
shall have the exclusive use, care, and custody of their respective
chambers, committee rooms, furniture, and property, and shall keep
their respective records of said furniture and property.
G. The Office of Management and Enterprise Services shall not
have any authority or responsibility for property purchased for or
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under the management or control of the University Hospitals
Authority except as expressly provided by law.
SECTION 654. AMENDATORY 74 O.S. 2021, Section 63.1, is
amended to read as follows:
Section 63.1. There is hereby created in the State Treasury, a
revolving fund for the Office of Management and Enterprise Services
to be designated the "Building and Facility Revolving Fund". The
fund shall be a continuing fund not subject to fiscal year
limitations and shall consist of all operation and maintenance
charges paid to the Office by occupying agencies of the buildings
operated and maintained by the Office. Monies accruing to the fund
may be expended by the Office of Management and Enterprise Services
for operation and maintenance of the facilities and expenses the
Office incurs to support building and facilities operations.
Expenditures from the fund shall be made on warrants issued by the
State Treasurer against claims filed with the Director Chief
Operating Officer of the Office of Management and Enterprise
Services for approval and payment.
SECTION 655. AMENDATORY 74 O.S. 2021, Section 63.1a, is
amended to read as follows:
Section 63.1a. There is hereby created a petty cash fund for
the Office of Management and Enterprise Services. Said fund shall
be used as an imprest cash fund for the Building Management
Division.
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The amount of the Building Management petty cash fund shall not
exceed Two Hundred Fifty Dollars ($250.00) and the initial amount
shall be drawn by warrant from the Building and Facility Fund. The
Director Chief Operating Officer of the Office of Management and
Enterprise Services is authorized to prescribe forms, systems and
procedures for the administration of the Building Management petty
cash fund.
SECTION 656. AMENDATORY 74 O.S. 2021, Section 63.2, is
amended to read as follows:
Section 63.2. There is hereby created in the State Treasury a
revolving fund for the Office of Management and Enterprise Services,
to be designated the "Asbestos Abatement Revolving Fund". The fund
shall be a continuing fund, not subject to fiscal year limitations,
and shall consist of any monies paid to the Office of Management and
Enterprise Services for reimbursement of expenses for abatement of
asbestos hazards. All monies accruing to the credit of said fund
are hereby appropriated and may be budgeted and expended by the
Office of Management and Enterprise Services to perform the duties
of the Asbestos Abatement Division of the Office of Management and
Enterprise Services. Expenditures from said fund shall be made upon
warrants issued by the State Treasurer against claims filed as
prescribed by law with the Director Chief Operating Officer of the
Office of Management and Enterprise Services for approval and
payment.
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SECTION 657. AMENDATORY 74 O.S. 2021, Section 63.4, is
amended to read as follows:
Section 63.4. There is hereby created a petty cash fund for the
Office of Management and Enterprise Services to be used for the
State Surplus Auctions in the Property Reutilization Division.
The amount of the State Surplus Auction petty cash fund shall
not exceed Two Hundred Fifty Dollars ($250.00), and the initial
amount shall be drawn by warrant from the State Surplus Property
Revolving Fund. The Director Chief Operating Officer of the Office
of Management and Enterprise Services is authorized to prescribe
forms, systems and procedures for the administration of the State
Surplus Auction petty cash fund.
SECTION 658. AMENDATORY 74 O.S. 2021, Section 66, is
amended to read as follows:
Section 66. The Director Chief Operating Officer of the Office
of Management and Enterprise Services is prohibited from engaging in
any other business for compensation for personal services during the
time of service as Director Chief Operating Officer. No contract
shall be entered into by said Director Chief Operating Officer with
any firm or corporation in which said Director Chief Operating
Officer shall have any interest or shall be a stockholder, nor with
any relative of said Director Chief Operating Officer either by
blood or marriage within the third degree.
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SECTION 659. AMENDATORY 74 O.S. 2021, Section 72, is
amended to read as follows:
Section 72. The Director Chief Operating Officer of the Office
of Management and Enterprise Services and the Warden of the State
Reformatory are authorized and directed to furnish to the said
Oklahoma Historical Society and associated organizations such
monuments and markers of granite as may be desired and ordered or
requisitioned for the purposes pursuant to the provisions of this
section at prices not exceeding the cost of production and delivery,
which includes: Quarrying, squaring, facing, lettering prescribed
inscriptions, crating, and delivering to the railway or other
carrier.
SECTION 660. AMENDATORY 74 O.S. 2021, Section 75, is
amended to read as follows:
Section 75. The Office of Management and Enterprise Services is
hereby authorized to establish a revolving fund to be designated as
the "Capitol Cafeteria Revolving Fund". The said fund may be used
for the operation of cafeterias and other food service in state
buildings in the State Capitol area and for acquisition of new
equipment and furnishings and for maintenance, repair, and
replacement of existing equipment and furnishings used in connection
with the operation of such Capitol Cafeterias or food service. Said
revolving fund shall consist of all revenues accruing through the
operation of said cafeterias or food service or paid as rental to
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the Office of Management and Enterprise Services by any operator-
lessee of such Capitol Cafeterias or food service facilities.
Expenditures from said revolving fund shall be made pursuant to
general laws for the purposes set forth in this section. Warrants
for said expenditures shall be drawn by the State Treasurer, based
on claims signed and approved for payment by the Director Chief
Operating Officer of the Office of Management and Enterprise
Services or his designee.
SECTION 661. AMENDATORY 74 O.S. 2021, Section 75a, is
amended to read as follows:
Section 75a. A. All cash on hand or available in the Capitol
cafeterias on the effective date of this act shall be deposited to
the Capitol Cafeteria Revolving Fund.
B. There is hereby created a petty cash fund for the Office of
Management and Enterprise Services. Said fund shall be used as a
cash drawer change fund for the Capitol cafeterias.
C. The amount of the Capitol cafeteria's petty cash fund shall
not exceed Two Thousand Dollars ($2,000.00) and the initial amount
shall be drawn by warrant from the Capitol Cafeteria Revolving Fund.
Any adjustment to the amount retained in the Capitol cafeteria's
petty cash fund shall be by withdrawal and deposit to the Capitol
Cafeteria Revolving Fund. Purchases from the Capitol cafeteria's
petty cash fund are prohibited. The Director Chief Operating
Officer of the Office of Management and Enterprise Services is
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authorized to prescribe forms, systems and procedures for the
administration of the Capitol cafeteria's petty cash fund.
SECTION 662. AMENDATORY 74 O.S. 2021, Section 76, is
amended to read as follows:
Section 76. The Office of Management and Enterprise Services is
authorized to initiate and operate a mailing service for the
agencies and departments of the state located in Oklahoma City. The
Director Chief Operating Officer of the Office of Management and
Enterprise Services shall promulgate and adopt such reasonable rules
and regulations as may be necessary for the efficient and economical
operation of a clearinghouse for interagency communications and for
the deposit of the state's mail with the United States Post Office.
The Office shall have the authority to employ such personnel and to
purchase and acquire such equipment, materials, and supplies as may
be necessary to carry out the provisions of Sections 76 through 76b
of this title. Every agency and department of the state located in
Oklahoma City shall be required to participate in the mailing
service, except the Department of Human Services, the Commission for
Human Services, the Oklahoma Tax Commission, the University of
Oklahoma Medical Center, the Oklahoma Employment Security
Commission, the Oklahoma Legislature, the Oklahoma Medical Center,
and the State Department of Health located in the Oklahoma Health
Sciences Center.
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SECTION 663. AMENDATORY 74 O.S. 2021, Section 76b, is
amended to read as follows:
Section 76b. The Director Chief Operating Officer of the Office
of Management and Enterprise Services shall furnish to the Governor
and the Legislature at the close of each fiscal year a statement
showing the financial condition of the mailing service, and such
other information regarding the mailing service as may be necessary
for a proper understanding thereof.
SECTION 664. AMENDATORY 74 O.S. 2021, Section 76c, is
amended to read as follows:
Section 76c. There is hereby created in the State Treasury a
revolving fund for the Office of Management and Enterprise Services,
to be designated the "Postal Services Revolving Fund". The fund
shall be a continuing fund, not subject to fiscal year limitations,
and shall consist of all monies received by the Office of Management
and Enterprise Services for providing postal services. All monies
accruing to the credit of said fund are hereby appropriated and may
be budgeted and expended to provide postal and interagency mail
services and expenses the Office of Management and Enterprise
Services incurs to support postal services operations. Expenditures
from said fund shall be made upon warrants issued by the State
Treasurer against claims filed as prescribed by law with the
Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment.
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SECTION 665. AMENDATORY 74 O.S. 2021, Section 77c, is
amended to read as follows:
Section 77c. The Director Chief Operating Officer of the Office
of Management and Enterprise Services is hereby authorized to
negotiate with the board of county commissioners, Pontotoc County,
Oklahoma, to exchange surplus Department of Transportation buildings
and properties presently owned by the Office of Management and
Enterprise Services for property and machinery owned by the Pontotoc
County Commissioners, for the purpose of servicing the East Central
Oklahoma Health Social Services Center at Ada.
SECTION 666. AMENDATORY 74 O.S. 2021, Section 78, as
amended by Section 1, Chapter 351, O.S.L. 2023 (74 O.S. Supp. 2025,
Section 78), is amended to read as follows:
Section 78. A. There is hereby created and established within
the Office of Management and Enterprise Services, the Fleet
Management Division. The Division shall provide oversight of and
advice to state agencies that own, operate and utilize motor
vehicles. All agencies shall be subject to Fleet Management
Division reporting requirements. The following agencies are exempt
from Fleet Management Division oversight and advice, but are still
subject to required reporting from Fleet Management Division to
provide full transparency of the statewide fleet: Department of
Public Safety, the Department of Transportation, the Oklahoma State
Bureau of Narcotics and Dangerous Drugs Control, the Military
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Department of the State of Oklahoma, the Oklahoma State Bureau of
Investigation, the Commissioners of the Land Office and The Oklahoma
State System of Higher Education.
B. The Director Chief Operating Officer of the Office of
Management and Enterprise Services shall:
1. Appoint and fix duties and compensation for a Fleet Manager
who shall serve as the administrative head of the division;
2. Hire personnel as necessary to provide fleet services;
3. Acquire facilities to maintain vehicles;
4. Promulgate rules for efficient and economical operations to
provide fleet services; and
5. Report to the Governor, Speaker of the House of
Representatives, and President Pro Tempore of the Senate those
agencies that fail to comply with the provisions of law and the
rules of the Fleet Management Division regarding submission of
reports, vehicle use, and vehicle maintenance.
C. The rules shall include provisions to:
1. Establish uniform written vehicle acquisition, leasing,
maintenance, repairs, and disposal standards for use by all state
agencies to justify actual need for vehicles;
2. Establish standards for routine vehicle inspection and
maintenance;
3. Provide standards and forms for recordkeeping of fleet
operation, maintenance, and repair costs for mandatory use by all
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state agencies to report the data to the Fleet Management Division
on a monthly basis;
4. Provide standards and utilize methods for disposal of
vehicles pursuant to the Oklahoma Surplus Property Act and any other
applicable state laws;
5. Establish mandatory maintenance contracts throughout the
state for all agencies to access for vehicle repairs and service at
discounted rates and parts;
6. Require all agencies with in-house repair and service
facilities to assign a value to the preventive maintenance services,
track those services with a dollar value, and report costs to the
Fleet Manager for the prior month no later than the twentieth day
following the close of each month;
7. Promulgate rules requiring all state-owned motor vehicles to
be marked in a uniform, highly visible manner, except for certain
vehicles driven by law enforcement agencies or other agencies
requiring confidentiality;
8. Require agencies to produce and maintain written
justification for any vehicle that travels fewer than twelve
thousand (12,000) miles annually and report to the Fleet Manager
such information by October 1 of each year; and
9. Address any other matter or practice which relates to the
responsibilities of the Director Chief Operating Officer of the
Office of Management and Enterprise Services.
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D. The Fleet Manager shall:
1. Develop specifications for contracts for vehicle maintenance
for state vehicles not serviced or maintained by state agencies;
2. Conduct on-site inspections to verify state agency or
supplier compliance with Division standards for inspections,
maintenance and recordkeeping;
3. Assess state agency needs for vehicles and types of
vehicles;
4. Assign, transfer or lease vehicles to a state agency to meet
the needs of the state agency;
5. Unless otherwise provided by law, determine whether a state
agency may use or operate a vehicle without state identifying
markings, bearing a license plate used by a privately owned vehicle
to perform the duties of the state agency without hindrance;
6. Report to the Director Chief Operating Officer of the Office
of Management and Enterprise Services occurrences of agencies
failing to comply with the provisions of law and the rules of the
Fleet Management Division regarding submission of reports, vehicle
use, and vehicle maintenance;
7. Offer guidelines to agencies to assist in determining the
most cost-effective and reasonable modes of travel for single trips
from the following options: state vehicle, private rental, or
mileage reimbursement; and
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8. Provide, upon the request of the Governor, the President Pro
Tempore of the Senate or the Speaker of the House of
Representatives, reports from data the Fleet Manager collects.
E. The Director Chief Operating Officer of the Office of
Management and Enterprise Services may enter into agreements with
any political subdivision of this state for the purpose of providing
fleet services established by the Fleet Management Division pursuant
to this section and rules promulgated pursuant to this section.
F. The Director Chief Operating Officer of the Office of
Management and Enterprise Services, through the Fleet Management
Division, may enter into partnership agreements with political
subdivisions and private entities for the purposes of applying for,
participating in, and administering federal grant funds. The
partnership agreements and activities authorized in this subsection
are hereby declared to be a public purpose.
G. The Office may offer public access to alternative fueling
infrastructure owned and operated by the Office in areas of the
state in which access to an alternative fueling infrastructure is
not readily available to the public. The Office shall cease
allowing public access to an alternative fueling infrastructure
operated by the Office if a privately owned alternative fueling
infrastructure locates within a five-mile radius of the
infrastructure operated by the Department.
H. When used in relation to the Fleet Management Division:
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1. “Alternative fueling infrastructure” shall mean a fill
station or charge station used to deliver or provide alternative
fuels as defined in Section 130.2 of this title; and
2. “Alternative fuel vehicle” shall mean a motor vehicle
originally designed by the manufacturer to operate lawfully and
principally on streets and highways which is propelled by an
alternative fuel as defined in Section 130.2 of this title.
SECTION 667. AMENDATORY 74 O.S. 2021, Section 78a, as
amended by Section 8, Chapter 199, O.S.L. 2025 (74 O.S. Supp. 2025,
Section 78a), is amended to read as follows:
Section 78a. A. State agencies with authority to own motor
vehicles shall submit a requisition to the Director Chief Operating
Officer of the Office of Management and Enterprise Services prior to
acquisition of a motor vehicle. The requisition shall state the
type of vehicle, the intended purpose of the vehicle, a statement
that the agency has actual need for the vehicle, the supplier of the
vehicle, that the state agency has sufficient funds to acquire and
maintain the vehicle and cite the statutory authority of the state
agency to acquire a vehicle.
B. The Director Chief Operating Officer of the Office of
Management and Enterprise Services shall review the requisition and
approve or deny the request of the state agency within fifteen (15)
days of receipt.
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C. The provisions of subsections A and B of this section shall
not apply to the Department of Public Safety, the Commissioners of
the Land Office, the Oklahoma State Bureau of Narcotics and
Dangerous Drugs Control or the Oklahoma Military Department.
SECTION 668. AMENDATORY 74 O.S. 2021, Section 85.3, as
amended by Section 1, Chapter 136, O.S.L. 2024 (74 O.S. Supp. 2025,
Section 85.3), is amended to read as follows:
Section 85.3. A. There is hereby created and established in
the Office of Management and Enterprise Services a Purchasing
Division, the administrative head of which shall be the State
Purchasing Director.
B. The Director Chief Operating Officer of the Office of
Management and Enterprise Services shall hire the State Purchasing
Director. The State Purchasing Director shall:
1. Have a thorough knowledge of office practices and buying
procedures in volume purchasing; and
2. Be a graduate of an accredited college or university with at
least five (5) years' experience in commercial or governmental
purchasing, or, in lieu of such education, have at least ten (10)
years' experience in commercial or governmental purchasing.
C. The State Purchasing Director, with the approval of the
Director Chief Operating Officer of the Office of Management and
Enterprise Services, may employ such personnel as may be necessary
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to exercise authority and perform duties under the Oklahoma Central
Purchasing Act.
D. All activities of any state agency, department, or
institution relating to purchasing shall be under the direction of
the Purchasing Division unless otherwise provided by the Oklahoma
Central Purchasing Act.
E. The Purchasing Division shall provide qualified personnel to
assist the purchasing activities of state agencies, departments, and
institutions, as required by the Oklahoma Central Purchasing Act.
F. Each state agency, department, and institution shall
designate personnel to coordinate its purchasing functions with the
Purchasing Division.
G. The Purchasing Division may, if the needs of a state agency,
department, or institution are such as to so require, employ, and
establish a buyer within a state agency. The state agency shall pay
all expenses incurred for any buyer required to be placed within its
agency.
H. Except as provided in Section 34.36 of Title 62 of the
Oklahoma Statutes, no state agency subject to the Oklahoma Central
Purchasing Act shall have or maintain a purchasing section without
the prior approval in writing of the Purchasing Division unless
otherwise provided in the Oklahoma Central Purchasing Act nor shall
such purchasing section perform purchasing functions for another
state agency.
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I. The Purchasing Division shall make acquisitions from
industries operated by the Department of Corrections pursuant to the
provisions of Section 549.1 of Title 57 of the Oklahoma Statutes.
J. None of the personnel authorized by this section shall:
1. Sell to or otherwise provide acquisitions to any state
agency subject to the Oklahoma Central Purchasing Act;
2. Be employees, partners, associates, officers, or
stockholders in or with any business entity that sells to or
otherwise provides acquisitions to any state agency subject to the
Oklahoma Central Purchasing Act;
3. Be employed in any of the positions authorized by this
section if a spouse or child owns any stock in any business entity
which sells to or otherwise provides acquisitions to any agency
subject to the Oklahoma Central Purchasing Act;
4. Be employed in any of the positions authorized by this
section if a relative within the third degree of consanguinity or
affinity sells to or otherwise provides acquisitions to any state
agency subject to the Oklahoma Central Purchasing Act or is
interested in any business entity which does so, except that such
relative, excluding a spouse or child, may own Twenty-five Thousand
Dollars ($25,000.00) worth or less, or one percent (1%) or less,
whichever amount is the lesser amount, of the stock of a corporation
or any business entity which sells to or otherwise provides
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acquisitions to any state agency subject to the Oklahoma Central
Purchasing Act; or
5. Violate applicable rules of the Ethics Commission
promulgated pursuant to Article XXIX of the Oklahoma Constitution
that relate to accepting gifts from a vendor or a vendor's agent.
K. Any state agency, department, institution, or satellite
office thereof that is otherwise subject to the provisions of the
Oklahoma Central Purchasing Act, but is located in a county without
statewide contracted vendors, may elect to purchase necessary
equipment and supplies from a local business at or below state
contract pricing without first obtaining a waiver from or the
permission of the Purchasing Division after seventy-two (72) hours
from providing written or electronic notice to the Central
Purchasing Director of said purchase in an amount not to exceed Two
Thousand Five Hundred Dollars ($2,500.00). Any state agency that
elects to make purchases from local vendors pursuant to this
subsection shall maintain a document file for each acquisition the
state agency makes, which shall include, at a minimum, justification
for the acquisition, supporting documentation, copies of all
contracts, if any, pertaining to the acquisition, evaluations,
written reports, if required by contract, and any other information
the State Purchasing Director requires.
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SECTION 669. AMENDATORY 74 O.S. 2021, Section 85.5, as
amended by Section 1, Chapter 102, O.S.L. 2024 (74 O.S. Supp. 2025,
Section 85.5), is amended to read as follows:
Section 85.5. A. Except as otherwise provided in this section,
the State Purchasing Director, under the supervision of the Director
Chief Operating Officer of the Office of Management and Enterprise
Services, shall have sole and exclusive authority and responsibility
for all acquisitions by state agencies. In order to carry out the
powers and duties of the Chief Information Officer and the
Information Services Division, the Chief Information Officer shall
have sole and exclusive authority and responsibility for all
acquisitions of information and telecommunications technology,
equipment, software, products and related peripherals and services
by state agencies. Public construction contracts are awarded
pursuant to Title 61 of the Oklahoma Statutes and are not subject to
the Oklahoma Central Purchasing Act.
B. Every state agency shall determine its own quantitative
needs for acquisitions and the general class or nature of the
acquisitions. The State Purchasing Director, after consultation
with the requisitioning state agency, shall have authority to
determine the particular brand, model or other specific
classification of each acquisition and to draft or invoke pursuant
to the Oklahoma Central Purchasing Act specifications establishing
the requirements for all necessary contracts or purchase orders.
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C. The Director Chief Operating Officer of the Office of
Management and Enterprise Services shall have authority and
responsibility to promulgate rules in connection with provisions of
the Oklahoma Central Purchasing Act for:
1. The time, manner, authentication and form of making
requisitions for acquisitions;
2. Inspection, analysis and testing of acquisitions or samples
bidders submit prior to contract award;
3. The form and manner of submission for bids or proposals a
bidder submits and the manner of accepting and opening bids or
proposals;
4. The conditions under which the Office of Management and
Enterprise Services shall require written contracts for
acquisitions, the conditions under which acquisitions may be made on
an open account basis, and the conditions and manner of negotiating
such contracts;
5. Obtaining acquisitions produced by state institutions;
6. Conditions under which any of the rules herein authorized
may be waived;
7. The amounts of and deposits on any bond or other surety
required to be submitted with a bid or contract for the furnishing
of acquisitions and the conditions under which such bond or other
surety shall be required;
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8. The manner and conditions of delivery, which shall include
the designation of the common carrier of property to be used to
transport acquisitions whenever a common carrier is used, and the
acceptance, or rejection, including check of quantities, of any
acquisitions;
9. The form of any estimate, order or other information
required in connection with an acquisition;
10. State agency acquisitions not exceeding the acquisition
threshold amount requiring competitive bid to ensure
competitiveness, fairness, compliance with the Oklahoma Central
Purchasing Act and Section 3001 et seq. of this title, which relates
to the State Use Committee. The rules shall include separate
provisions based on acquisition amounts as follows:
a. state agencies shall make acquisitions not exceeding
Twenty-five Thousand Dollars ($25,000.00), provided
the acquisition process is fair and reasonable and is
conducted pursuant to rules authorized pursuant to
this section, and
b. state agencies with certified procurement officers and
internal purchasing procedures found compliant by the
State Purchasing Director may make acquisitions in
excess of the fair and reasonable acquisition
threshold amount provided for in this section and not
exceeding Two Hundred Fifty Thousand Dollars
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($250,000.00), pursuant to rules authorized by this
section;
11. Training by the State Purchasing Director of state agency
procurement officers;
12. Review and audit by the State Purchasing Director of state
agency acquisitions;
13. The conditions for increasing acquisition limits for state
agencies which have had a prior reduction in acquisition limit by
the Director Chief Operating Officer of the Office of Management and
Enterprise Services;
14. Use of a state purchase card to make acquisitions;
15. Any other matter or practice which relates to the
responsibilities of the State Purchasing Director;
16. Conditions for determination and authorization of
acquisition threshold amounts of state agencies;
17. The form and manner of verification by suppliers that the
supplier is eligible to do business in the State of Oklahoma and has
obtained all necessary permits and licenses, pursuant to applicable
provisions of law; and
18. Payment procedure rules for state agencies to adhere to
regarding statewide contracts.
D. The State Purchasing Director shall provide training for
state agency procurement officials, and other procurement staff, and
is authorized to require retraining of such procurement personnel
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found not to be in compliance with provisions of the Oklahoma
Central Purchasing Act or associated rules. The training may
include any matters related to state procurement practices. State
agency purchasing officials that demonstrate proficiency shall be
certified as "certified procurement officers" by the State
Purchasing Director and shall be authorized to make acquisitions
pursuant to provisions of the Oklahoma Central Purchasing Act and
associated rules. The State Purchasing Director may assess a fee to
state agencies for the training that does not exceed each state
agency's pro rata share of the costs the State Purchasing Director
incurs to provide the training.
E. The State Purchasing Director shall review state agency
acquisitions for the purposes of:
1. Ensuring state agency compliance with provisions of the
Oklahoma Central Purchasing Act;
2. Ensuring state agency compliance with rules promulgated by
the Office of Management and Enterprise Services pursuant to the
Oklahoma Central Purchasing Act;
3. Ensuring state agency compliance with provisions of Section
3001 et seq. of this title pertaining to the State Use Committee;
4. Reporting any acquisition by any state agency found not to
be in compliance with those sections or rules to the Director Chief
Operating Officer of the Office of Management and Enterprise
Services;
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5. A determination by the State Purchasing Director to reduce a
state agency's acquisition authority amount when the state agency is
found not to be in compliance with the Oklahoma Central Purchasing
Act or associated rules or requirements of the State Purchasing
Director pursuant to this section; and
6. A determination by the State Purchasing Director to increase
a state agency's acquisition authority amount after the agency cures
deficiencies in connection with a prior reduction in the authority
amount by the State Purchasing Director.
F. Based on written findings and when recommended by the State
Purchasing Director, the Director Chief Operating Officer of the
Office of Management and Enterprise Services may:
1. Transmit written findings by the State Purchasing Director
to the State Auditor and Inspector for further investigation,
indicating purchasing procedures that do not conform to the Oklahoma
Central Purchasing Act or associated rules; or
2. Transmit to the Attorney General or the State Auditor and
Inspector for further investigation a report made by the State
Purchasing Director that the Director Chief Operating Officer of the
Office of Management and Enterprise Services reasonably believes
indicates that an action that constitutes a criminal violation
pursuant to the Oklahoma Central Purchasing Act or other laws has
been taken by any state agency, state agency official, bidder or
supplier.
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G. 1. Pursuant to the requirements of the Oklahoma Central
Purchasing Act, the State Purchasing Director shall have authority
to enter into any statewide, multistate or multigovernmental
contract. The state entity designated by law, as specified in
Section 1010.3 of Title 56 of the Oklahoma Statutes, shall
participate in the purchase of pharmaceuticals available through
such multistate or multigovernmental contracts entered into by the
State Purchasing Director.
2. Whenever it appears advantageous to the state or to any
state agency to purchase or otherwise acquire any acquisition which
may be offered for sale by the United States government or any
agency thereof, the State Purchasing Director may execute a contract
for the acquisition with the federal government or federal agency
and may also utilize contracts awarded by other governmental
agencies including, but not limited to, agencies of the United
States of America.
3. The State Purchasing Director may designate, for use by
state agencies, contracts described in this subsection and contracts
awarded on behalf of one or more state agencies.
4. Prior to exercising the authority to cancel a contract, the
State Purchasing Director may authorize renegotiation of an existing
contract with an incumbent supplier for the purposes of obtaining
more favorable terms for the state.
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5. The State Purchasing Director shall have the authority to
designate certain contracts for state agencies as statewide
contracts and mandatory statewide contracts. In order to carry out
the powers and duties of the Chief Information Officer and
Information Services Division, the Chief Information Officer shall
have the authority to designate certain information technology and
telecommunication contracts as statewide contracts and mandatory
statewide contracts and may negotiate consolidation contracts,
enterprise agreements and high technology system contracts in lieu
of or in conjunction with competitive bidding procedures to reduce
acquisition cost.
6. The State Purchasing Director may publish such
specifications relating to materials, supplies, equipment and
services to be acquired for the state as may best promote
competition and apprise potential suppliers of the type of product
desired.
H. 1. The State Purchasing Director may develop and test new
contracting policies, procedures and innovations that hold potential
for making state procurement more effective and efficient and
identify, and make recommendations to the Legislature of, any
appropriate changes in law. Such development and testing, proof of
concept, pilot project or other similar test shall not be considered
an acquisition subject to the Oklahoma Central Purchasing Act.
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2. The State Purchasing Director is authorized to explore and
investigate cost savings in energy, resource usage and maintenance
contracts and to identify and negotiate contract solutions
including, but not limited to, pilot projects to achieve cost
savings for this state.
I. The State Purchasing Director shall endeavor to satisfy
state agencies in terms of cost, quality and timeliness of the
delivery of acquisitions by using bidders who have a record of
successful past performance, promoting competition, minimizing
administrative operating costs and conducting business with
integrity, fairness and openness.
J. The State Purchasing Director shall undertake the following:
1. The use of electronic commerce pursuant to the Oklahoma
Online Bidding Act for solicitation, notification and other
purchasing processes;
2. Monitoring rules promulgated pursuant to the Oklahoma
Central Purchasing Act to ensure that the rules satisfy the
interests of the state, are clear and succinct and encourage
efficiency in purchasing processes;
3. A program to identify suppliers' performance records;
4. Development of criteria for the use of sealed bid
contracting procedures, negotiated contracting procedures, selection
of types of contracts, postaward administration of purchase orders
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and contracts, addendums, termination of contracts and contract
pricing;
5. Continual improvement in the quality of the performance of
the Purchasing Division through training programs, management
seminars, development of benchmarks and key management indicators,
and development of standard provisions, clauses and forms;
6. The State Purchasing Director shall prescribe standardized
contract forms and all other forms or certifications requisite or
deemed necessary by the State Purchasing Director to effectuate the
provisions of the Oklahoma Central Purchasing Act and associated
rules;
7. Development of programs to improve customer relations
through training, improved communications and appointment of
technical representatives;
8. Provide for public two-way communication between procurement
officers and potential bidders who have questions regarding a
request for proposal or invitation to bid; and
9. Determine whether and to what extent information included in
a bid or similar offer is confidential and reject all requests to
disclose the information so designated.
K. The State Purchasing Director may utilize and authorize
state agencies to utilize reverse auctions to obtain acquisitions.
L. Prior to the award of a contract to a supplier, the State
Purchasing Director shall verify, pursuant to applicable provisions
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of law, that the supplier is eligible to do business in this state
by confirming registration with the Secretary of State and franchise
tax payment status pursuant to Sections 1203 and 1204 of Title 68 of
the Oklahoma Statutes. The provisions of this subsection shall be
applicable only if the contract amount is Two Hundred Fifty Thousand
Dollars ($250,000.00) or greater.
M. On an annual basis, the State Purchasing Director shall
transmit to the Governor, Speaker of the House of Representatives
and President Pro Tempore of the Senate a report documenting the
savings realized by each agency through the application of best
spend practices including the collection and tracking of spend data,
strategic sourcing programs and implementation of managed and
mandatory statewide contracts and include in the report information
regarding emergency acquisitions.
N. The acquisition threshold amount applicable to an
acquisition made pursuant to this act or associated rules shall not
apply to state agency purchases; provided, the State Purchasing
Director determines the agency has subject matter experts on staff
having the specialized expertise to purchase goods or services, the
agency possesses the necessary legal and procurement staff to
procure and monitor the contracts and provided the Director Chief
Operating Officer of the Office of Management and Enterprise
Services shall certify that the proposed purchase does not conflict
with consolidated statewide spend initiatives.
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1. Nothing in this subsection shall give an agency authority to
issue statewide, multistate or multigovernmental contracts.
2. Agencies making purchases pursuant to this subsection shall:
a. be responsible for contracts awarded pursuant to this
subsection, which includes, but may not be limited to,
contract management, protest costs, all costs
connected with or incurred as a result of the
contract, including legal representation,
b. comply with rules and policies of the Office of
Management and Enterprise Services, and
c. report contracts issued pursuant to this subsection to
the Office of Management and Enterprise Services,
Central Purchasing Division, on a quarterly basis.
3. Purchases made in accordance with this subsection shall be
made pursuant to rules authorized by this section.
O. The State Purchasing Director, with approval by the Director
Chief Operating Officer of the Office of Management and Enterprise
Services, is authorized to make use of any state laboratories for
the tests and analyses authorized in this section wherever
practicable and to use private laboratories or the laboratories of
another government agency if it is impracticable to use state
laboratories. The State Purchasing Director is further authorized
to cooperate in test and analysis programs or agreements with other
states or the United States government and to accept federal funds
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and funds donated by private endowments or foundations for the
purpose of participation in such testing programs.
P. The State Purchasing Director shall require all contractors
or subcontractors who have entered into a contract with a public
employer to submit an affidavit that the contractor or subcontractor
is in compliance with the provisions of Section 1313 of Title 25 of
the Oklahoma Statutes. If the State Purchasing Director determines
that a contractor or subcontractor has knowingly submitted a false
affidavit:
1. The contractor or subcontractor shall be liable for an
administrative penalty of Five Thousand Dollars ($5,000.00) for the
first offense, which shall increase by Two Thousand Dollars
($2,000.00) for each subsequent offense; and
2. The public employer or the Office of Management and
Enterprise Services may terminate the contract with the contractor
or subcontractor.
SECTION 670. AMENDATORY 74 O.S. 2021, Section 85.5.1, is
amended to read as follows:
Section 85.5.1. A. Privatization Projects.
The Office of Management and Enterprise Services shall establish
a repository of the best privatization practices, have expertise to
select projects or services for privatization, be capable of rapid
evaluation and response to privatization proposals and have the
ability to oversee the contracting for privatization opportunities.
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B. The Director Chief Operating Officer of the Office of
Management and Enterprise Services shall report legislative
recommendations as the Director Chief Operating Officer deems
necessary to further implement the provisions of this section.
SECTION 671. AMENDATORY 74 O.S. 2021, Section 85.5a, is
amended to read as follows:
Section 85.5a. A. Except for the state fleet card, the state
purchase card program administered by the Purchasing Division is the
only card program authorized for use by state agencies.
B. On a monthly basis the State Purchasing Director and
institutions of higher education shall provide to the Director Chief
Operating Officer of the Office of Management and Enterprise
Services (OMES) a complete listing in electronic format of all
transactions paid by a state purchase card. The list shall contain
the name of the purchaser and purchasing agency, amount of purchase
and all available descriptions of items purchased.
C. Upon receipt of the list described in subsection B of this
section, the Director Chief Operating Officer of the OMES shall
allow the public access to the list in searchable format through its
website defined in Section 46 of Title 62 of the Oklahoma Statutes.
D. The State Purchasing Director may authorize the use of a
state purchase card for acquisitions within the following
parameters:
1. No limit on the amount of the transaction for the following:
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a. purchases from statewide contracts and from contracts
awarded by the State Purchasing Director for the
benefit of a state agency,
b. utilities,
c. interagency payments,
d. emergency acquisitions; provided, requirements to
establish an emergency pursuant to Section 5 of this
act or other applicable statute or rule have been met,
and
e. professional services as defined in Section 803 of
Title 18 of the Oklahoma Statutes; and
2. For any other transaction with a state purchase card, the
transaction shall not exceed the greater of Five Thousand Dollars
($5,000.00) or the limit determined by the State Purchasing
Director, not to exceed the fair and reasonable acquisition
threshold amount.
E. The State Purchasing Director may authorize personnel of the
Department of Commerce, upon a finding by the Secretary of Commerce
that such personnel have a legitimate need therefore, to utilize a
state purchase card for acquisitions for programs, functions or
services essential to the mission of the agency while traveling on
Department of Commerce business in foreign locations with
transaction limits not to exceed Thirty-five Thousand Dollars
($35,000.00). The purchase cardholders are required to sign a
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purchase card agreement prior to becoming a cardholder and to attend
purchase card procedure training. The Department of Commerce will
conduct quarterly internal auditing on all purchase card
transactions associated with business and travel in foreign
locations.
SECTION 672. AMENDATORY 74 O.S. 2021, Section 85.33, is
amended to read as follows:
Section 85.33. A. There is hereby created in the State
Treasury a revolving fund for the Office of Management and
Enterprise Services to be designated the "Registration of State
Vendors Revolving Fund". The fund shall consist of any monies
received from fees collected in accordance with subsection B of this
section. The revolving fund shall be a continuing fund, without
legislative appropriation, not subject to fiscal year limitations,
and shall be under the control and management of the Office of
Management and Enterprise Services. Expenditures from the
Registration of State Vendors Revolving Fund shall be budgeted and
expended pursuant to the laws of the state and the statutes relating
to public finance. The fund shall be used to defray the costs of
the Purchasing Division. Warrants for expenditures from the fund
shall be drawn by the State Treasurer, based on claims signed by an
authorized employee or employees of the Office, and approved for
payment by the Director Chief Operating Officer of the Office of
Management and Enterprise Services.
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B. The Office of Management and Enterprise Services may collect
a fee of Twenty-five Dollars ($25.00) to register suppliers that
desire to do business with this state through the Purchasing
Division. The suppliers shall register separately for each
commodity list. Each registration shall entitle the supplier to be
on that list for one (1) year, to receive all bid notices in that
classification for that period. All fees collected in accordance
with this subsection shall be deposited in the revolving fund
created in subsection A of this section.
SECTION 673. AMENDATORY 74 O.S. 2021, Section 85.33A, is
amended to read as follows:
Section 85.33A. A. There is hereby created in the State
Treasury a revolving fund for the Office of Management and
Enterprise Services to be designated the "Contract Management
Revolving Fund". The fund shall consist of any monies received from
fees, levies or rebates the Office receives in accordance with
subsection B of this section. The revolving fund shall be a
continuing fund, without legislative appropriation, not subject to
fiscal year limitations, and shall be under the control and
management of the Office of Management and Enterprise Services.
Expenditures from the Contract Management Revolving Fund shall be
budgeted and expended pursuant to the laws of the state and the
statutes relating to public finance. The fund shall be used to
defray the costs of the Purchasing Division. Warrants for
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expenditures from the fund shall be drawn by the State Treasurer,
based on claims signed by an authorized employee or employees of the
Office, and approved for payment by the Director Chief Operating
Officer of the Office of Management and Enterprise Services.
B. The State Purchasing Director may enter into or award
contracts that provide a contract management fee, levy or rebate to
the Office of Management and Enterprise Services. The State
Purchasing Director shall ensure that a contract that provides a
management fee, levy or rebate provides value to acquiring agencies
exceeding open market acquisition costs.
SECTION 674. AMENDATORY 74 O.S. 2021, Section 85.44D.1,
is amended to read as follows:
Section 85.44D.1. A. 1. A sole source acquisition is exempt
from competitive bidding procedures as a sole source or requirements
of this act, but a sole brand acquisition is subject to such
competitive bidding requirements.
2. For each sole source or sole brand acquisition, the state
agency shall retain in the state agency's acquisition file and
attach to the requisition, a certification signed by the chief
administrative officer of the state agency, in the following form:
SOLE SOURCE OR SOLE BRAND ACQUISITION
CERTIFICATION
STATE AGENCY ________________________
SUPPLIER NAME ________________________
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SUPPLIER ADDRESS ________________________
SUPPLIER CONTACT INFORMATION ________________________
In connection with the attached requisition or contract, I
hereby affirm that
(Name of Supplier)
is the only business entity singularly qualified to provide the
acquisition, or is the only brand satisfying the acquisition
requirements, for the following reasons:
______________________________________________________
______________________________________________________
______________________________________________________
______________________________________________________
______________________________________________________
The following is a brief description of all efforts made to
verify that the acquisition qualifies as a sole source or sole brand
acquisition:
______________________________________________________
______________________________________________________
______________________________________________________
______________________________________________________
______________________________________________________
I understand that the signing of this certification knowing such
information to be false may result in forfeiture of my position and
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ineligibility for appointment to or employment in state service for
a period of five (5) years following forfeiture of position.
_____________________________
(Chief administrative officer)
3. A court order requiring a particular acquisition, but which
does not specify a brand or supplier shall not substitute for the
certification required by this section or otherwise invalidate
acquisition procedures required by the Oklahoma Central Purchasing
Act.
4. Upon a determination by the Director Chief Operating Officer
of the Office of Management and Enterprise Services that there are
reasonable grounds to believe that a violation of this section has
occurred, the Director Chief Operating Officer shall send findings
to the Attorney General that support the determination. The
Attorney General shall review the findings and determine whether to
investigate or prosecute the person.
5. Prior to approving a requisition for a sole source or sole
brand acquisition, the Purchasing Division shall require the signed
certification documenting the need for a sole source or sole brand
acquisition and shall retain the certification in accordance with
state record retention requirements.
6. For a sole source or sole brand acquisitions exceeding the
fair and reasonable acquisition threshold amount and not requiring
submission of a requisition to the Purchasing Division, the state
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agency's certified procurement officer shall retain, in the
acquisition file, the signed certification documenting the need for
the sole source or sole brand acquisition in accordance with state
record retention requirements.
B. By the fifteenth day of each month, or the first working day
thereafter, the Office of Management and Enterprise Services shall
provide a report to:
1. The Speaker of the House of Representatives and the
President Pro Tempore of the Senate; and
2. Any member of the Legislature requesting the report.
The report shall detail sole source and sole brand acquisitions
by state agencies for the month prior to the month preceding the
submission of the report. The report shall be titled "Monthly Sole
Source and Sole Brand Contracting Report of Oklahoma State Agencies"
and indicate the time period of the report. The report shall be
provided by the Director Chief Operating Officer of the Office of
Management and Enterprise Services or the Director's designee. The
report shall be in columnar database format and shall include at
least the following fields of information: state agency number;
state agency name; date created by the Office of Management and
Enterprise Services for the requisition; date of either approval or
disapproval of the requisition; if disapproved, the reason why such
contract requisition was disapproved; estimated amount of the
requisition acquisition; purchase order amount; purchase order
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number; actual business name of supplier; supplier federal employer
identification number; and the commodity classification listing at
the appropriate level to distinguish between similar acquisitions.
Information required by this subsection shall be reported and
maintained on each report through the next reporting period after an
acquisition is made. The applicable data in the fields of
information specified in this subsection shall be listed even if the
state agency requisition is disapproved.
SECTION 675. AMENDATORY 74 O.S. 2021, Section 85.44E, is
amended to read as follows:
Section 85.44E. A. Disabled Veteran Businesses.
As used in this section:
1. "Service-disabled veteran" means any individual that is
disabled as certified by the appropriate federal agency responsible
for the administration of veterans' affairs; and
2. "Service-disabled veteran business" means a business:
a. not less than fifty-one percent (51%) of which is
owned by one or more service-disabled veterans or, in
the case of any publicly owned business, not less than
fifty-one percent (51%) of the stock of which is owned
by one or more service-disabled veterans, and
b. the management and daily business operations of which
are controlled by one or more service-disabled
veterans.
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B. In awarding contracts for the performance of any job or
service, all agencies, departments, institutions and other entities
of this state and of each political subdivision of this state shall
give a three-percentage point bonus preference to service-disabled
veteran businesses doing business as Oklahoma firms, corporations or
individuals, or which maintain Oklahoma offices or places of
business.
C. In implementing the provisions of subsection B of this
section, the following shall apply:
1. The Director Chief Operating Officer of the Office of
Management and Enterprise Services shall have the goal of three
percent (3%) of all such contracts described in subsection B of this
section to be awarded to such veterans; and
2. If an insufficient number of such veterans doing business in
this state submit a bid or proposal for a contract by an agency,
department, institution or other entity of the state or a political
subdivision, such goal shall not be required and the provisions of
paragraph 1 of this subsection shall not apply.
D. The Director Chief Operating Officer of the Office of
Management and Enterprise Services may promulgate rules in order to
implement the provisions of this section.
SECTION 676. AMENDATORY 74 O.S. 2021, Section 85.45s, is
amended to read as follows:
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Section 85.45s. The Director Chief Operating Officer of the
Office of Management and Enterprise Services shall promulgate rules
to implement the Oklahoma Online Bidding Act.
SECTION 677. AMENDATORY 74 O.S. 2021, Section 85.47b, is
amended to read as follows:
Section 85.47b. The Administrator shall be authorized to:
1. Use the services of other governmental agencies and public
trusts which are necessary to carry out the provisions of this act;
2. Contract for and accept, for use in carrying out the
provisions of this program, loans and grants from the federal
government and any of its agencies and instrumentalities and from
public trusts;
3. Acquire, manage, operate, dispose of, or otherwise deal with
property, take assignments of rentals and leases, and make
contracts, leases, agreements and arrangements that are necessary or
incidental to the performance of his duties;
4. Prescribe or approve the form of and terms and conditions in
applications, guarantee agreements or any other documents entered
into by the Administrator, principals or sureties in connection with
the program;
5. Acquire or take assignments of documents executed, obtained
or delivered in connection with any assistance provided under this
program; and
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6. Fix, determine, charge and collect any premiums and fees
pursuant to rules promulgated by the Director Chief Operating
Officer of the Office of Management and Enterprise Services.
SECTION 678. AMENDATORY 74 O.S. 2021, Section 85.47c, is
amended to read as follows:
Section 85.47c. A. There is hereby created in the State
Treasury a revolving fund for the Small Business Surety Bond
Guaranty Program to be designated the "Small Business Surety Bond
Guaranty Fund". The fund shall be a continuing fund, not subject to
fiscal year limitations and shall consist of:
1. Premiums, fees, and any other amounts received with respect
to bonding assistance provided under this program;
2. Proceeds from the sale, lease, or other disposition of
property or contracts held or acquired by the Office of Management
and Enterprise Services pursuant to this program;
3. Income from investments that the State Treasurer makes from
monies in the fund; and
4. Any other monies made available under this program.
B. The fund shall be used:
1. For the purposes provided for in this program; and
2. To pay part or all of the expenses of administering the
program.
C. All monies accruing to the credit of the fund shall be
deposited with the State Treasurer and invested and reinvested in
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the same manner as other state funds, and any investment earnings
shall be paid into the fund. All monies accruing to the credit of
the fund are hereby appropriated and may be budgeted and expended
for the purposes provided in subsection B of this section.
Expenditures from said fund shall be made upon warrants issued by
the State Treasurer against claims filed as prescribed by law with
the Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment.
SECTION 679. AMENDATORY 74 O.S. 2021, Section 85.47f, is
amended to read as follows:
Section 85.47f. A. The Administrator may set reasonable
premiums and fees, not to exceed limits established by rules
promulgated by the Director Chief Operating Officer of the Office of
Management and Enterprise Services, to be paid for the purpose of
providing bonding assistance under this program.
B. The premiums and fees set by the Administrator shall be
payable in the amounts, at the time and in the manner that the
Administrator requires.
C. The premiums and fees need not be uniform among
transactions, and may vary in amount:
1. Among transactions; and
2. At different stages during the terms of transactions.
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SECTION 680. AMENDATORY 74 O.S. 2021, Section 85.47g, is
amended to read as follows:
Section 85.47g. The Small Business Surety Bond Guaranty Program
shall be a program of the Office of Management and Enterprise
Services. The Director Chief Operating Officer of the Office of
Management and Enterprise Services is authorized to hire a Small
Business Surety Bond Guaranty Program Administrator to administer
the Small Business Surety Bond Guaranty Program. The Administrator
shall hold a bachelor's degree or higher degree in business,
accounting, mathematics, economics or engineering and shall have
previous experience as a surety underwriter. The Administrator
shall be in the unclassified service of this state.
SECTION 681. AMENDATORY 74 O.S. 2021, Section 85.47i, is
amended to read as follows:
Section 85.47i. The Director Chief Operating Officer of the
Office of Management and Enterprise Services shall promulgate and
adopt rules necessary to carry out the provisions of the Small
Business Surety Bond Guaranty Program Act.
SECTION 682. AMENDATORY 74 O.S. 2021, Section 85.51, is
amended to read as follows:
Section 85.51. As used in the Oklahoma State Recycling and
Recycled Materials Procurement Act:
1. " Office" means the Office of Management and Enterprise
Services;
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2. "Paper recycling" means the processing of scrap paper or
other such recoverable waste paper into reusable products. Such
collection and recycling of recoverable waste paper shall be done in
an environmentally acceptable manner;
3. "State public entity" means the State Legislature, any
bureau, agency, board, commission, or authority of the state, the
office of the Governor, the judiciary, or any state university,
school district, or county of the state which is supported in whole
or in part by state funds;
4. "Recoverable waste paper" generated by businesses or
consumers, which has served its intended use and has been separated
from solid waste for purposes of collection and recycling, shall
include, but is not limited to, such paper as computer cards,
computer print-out papers, copy paper, white office papers, colored
office papers, corrugated boxes, newspapers, envelope coatings,
bindery trimmings, printing scrap and butt rolls. Mill broke
repulped internally within a paper manufacturing facility shall not
be considered recoverable waste paper;
5. "Director Chief Operating Officer" means the Director Chief
Operating Officer of the Office of Management and Enterprise
Services;
6. "Division" means the Purchasing Division of the Office of
Management and Enterprise Services;
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7. "Recycled paper products" means all paper products
manufactured from recoverable waste paper with not less than ten
percent (10%) of their total weight consisting of waste paper.
8. "Products manufactured with recycled materials" means
products that contain at least a minimum percentage of specified
materials recovered from the recycling of post-consumer products as
defined in rules and regulations promulgated by the Division;
9. "Recyclable materials" means materials or products which are
capable of being recycled, including but not limited to paper,
glass, plastics, metals, automobile oil, and batteries. Refuse-
derived fuel or other material that is destroyed by incineration is
not a recyclable material; and
10. "Uncoated" means not coated with plastic, clay, or other
material used to create a glossy finish.
SECTION 683. AMENDATORY 74 O.S. 2021, Section 85.52, is
amended to read as follows:
Section 85.52. A. It is the intent of the Legislature that all
state public entities comply with the provisions of the Oklahoma
State Recycling and Recycled Materials Procurement Act. All
political subdivisions of this state are encouraged to collect and
recycle recoverable waste paper and recyclable materials to the
greatest extent possible. The Office of Management and Enterprise
Services shall coordinate recycling efforts among the state public
entities. The Director Chief Operating Officer of the Office of
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Management and Enterprise Services shall adopt such rules,
regulations, and orders as are necessary for the implementation of
the Oklahoma State Recycling and Recycled Materials Procurement Act.
The rules and regulations at a minimum shall establish procedures
for:
1. The identification, handling, hauling, storing, safety
factors, and disposition of recoverable waste paper and recyclable
materials;
2. The separation of recoverable waste paper and recyclable
materials from solid waste generated by state public entities;
3. A system for the collection of recoverable waste paper and
recyclable materials from solid waste generated by state public
entities;
4. Assuring that the recoverable waste paper and recyclable
materials are made available to private industries for collection
and recycling at the greatest economic value and to the greatest
extent feasible. The Office may execute multiple contracts as
necessary for purposes including but not limited to serving other
government entities and different geographic areas of the state. In
addition to the preference provisions of Section 85.53 of this
title, rules and regulations governing availability of recyclable
materials shall give preference to private recyclable materials
industries that operate in Oklahoma, and that will employ residents
of the state to handle, transport and sort such materials;
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5. The purchase of uncoated office paper and printed paper
whenever practicable; and
6. Separating for the purpose of recycling all recyclable
materials including but not limited to lead acid batteries, waste
oil and major appliances that are generated as solid waste by state
public entities.
B. All state public entities shall comply with the procedures
and systems established pursuant to the Oklahoma State Recycling and
Recycled Materials Procurement Act.
C. 1. The Director Chief Operating Officer may exempt any
single activity or facility of any state public entity from
compliance with rules promulgated pursuant to the Oklahoma State
Recycling and Recycled Materials Procurement Act if the Director
Chief Operating Officer determines there is a lack of market
availability or that it is not economically feasible to follow and
comply with the procedures and systems established by the Director
Chief Operating Officer.
2. The exemption shall be for a period not in excess of one (1)
year, but additional exemptions may be granted for periods not to
exceed one (1) year.
3. The Director Chief Operating Officer shall make public all
exemptions together with the reasons for granting such exemptions.
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SECTION 684. AMENDATORY 74 O.S. 2021, Section 85.54, is
amended to read as follows:
Section 85.54. A. The Purchasing Division shall review the
procurement specifications currently used by the Office of
Management and Enterprise Services in order to eliminate, wherever
economically feasible, discrimination against the procurement of
recycled paper and other products manufactured with recycled
materials.
B. The Division shall establish purchasing practices which, to
the maximum extent economically feasible, assure purchase of
recycled paper products.
C. The Director Chief Operating Officer of the Office of
Management and Enterprise Services shall review and incorporate,
where appropriate, guidelines published in the Federal Register.
D. The Director Chief Operating Officer shall promulgate rules
to encourage recycling and conservation of purchased products.
SECTION 685. AMENDATORY 74 O.S. 2021, Section 85.58A, as
amended by Section 4, Chapter 245, O.S.L. 2024 (74 O.S. Supp. 2025,
Section 85.58A), is amended to read as follows:
Section 85.58A. A. The Office of Management and Enterprise
Services (OMES) shall establish for all state agencies, whether or
not subject to the Oklahoma Central Purchasing Act, and other
entities as provided by law a comprehensive professional risk
management program which shall:
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1. Identify and evaluate risks of loss and exposures to loss to
officers, employees and properties;
2. Minimize risks through loss-prevention and loss-control
programs;
3. Transfer risks, if economically advantageous to the state,
by acquiring commercial insurance, contractual pass through of
liability, or by other means;
4. Consolidate and administer risk management plans and
programs including self-insurance programs, except State Employees
Group Insurance;
5. Determine feasibility of and, if feasible, establish self-
insurance programs, considering whether a program may be self-
supporting to remain financially and actuarially sound;
6. Provide a system to allocate insurance and program costs to
determine payment for insurance coverage and program expenses
provided by the Office of Management and Enterprise Services;
7. When requested by a state retirement system or the Oklahoma
Employees Insurance and Benefits Board, assist in obtaining
insurance authorized by law. If requested by the Oklahoma State
Regents for Higher Education, assist trust funds for which the State
Regents serve as trustees in obtaining insurance authorized by law;
8. Assist state agencies and officers, employees, and members
thereof, charged with licensing authority, in obtaining insurance
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for liability for judgments, based on the licensing authority,
rendered by any court pursuant to federal law;
9. When requested by a public trust established pursuant to
Title 60 of the Oklahoma Statutes of which the State of Oklahoma is
the beneficiary, obtain, provide or assist the public trust in
obtaining insurance authorized by law or trust indenture covering
any board member, trustee, official, officer, employee or volunteer
for errors and omissions or liability risks arising from the
performance of official duties pursuant to law or trust indenture;
10. When requested by the Oklahoma State Regents for Higher
Education, for the purpose of insuring real property required
pursuant to Section 4018 of Title 70 of the Oklahoma Statutes, of
which the Oklahoma State Regents for Higher Education is the
beneficiary, obtain, provide or assist the Oklahoma State Regents
for Higher Education in obtaining insurance for the real property
pursuant to the provisions of this section; and
11. Authorize the Risk Management Administrator to declare an
emergency for the purpose of mitigating damages to any state-owned
property insured under the comprehensive professional risk
management program administered by OMES.
B. The Director Chief Operating Officer of the Office of
Management and Enterprise Services may hire or contract for the
services of a Risk Management Administrator to supervise the
Comprehensive Professional Risk Management Program established
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pursuant to this section. If appointed by the Director Chief
Operating Officer as a state employee, the Risk Management
Administrator shall be in the unclassified service.
C. The Risk Management Administrator shall evaluate insurance
coverage needs and in force for state agencies, whether or not
subject to the Oklahoma Central Purchasing Act, and other entities
as provided by law. All entities shall submit to the Risk
Management Administrator all information which the Risk Management
Administrator deems necessary to perform this duty.
D. The Risk Management Administrator in conjunction with the
State Purchasing Director under the authority of the Director Chief
Operating Officer of the Office of Management and Enterprise
Services may negotiate insurance coverage and insurance-related
services including, but not limited to, insurance brokerage and
consulting services. The State Purchasing Director shall ensure
open processes for solicitation and qualification of insurance
coverage and services providers. The State Purchasing Director
shall award contracts for insurance coverage and services to the
provider or providers which offer the best and final terms and
conditions. The State Purchasing Director may authorize the Risk
Management Administrator to bind for insurance coverage with
providers.
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E. The school districts of this state may request the Risk
Management Administrator to advise for the purchase of insurance
coverage for the school districts.
F. A state agency, whether or not subject to the Oklahoma
Central Purchasing Act, that contemplates purchase of property and
casualty insurance, shall provide details of the proposed purchase
to the Risk Management Administrator for approval or disapproval
prior to the purchase.
G. The Director Chief Operating Officer of the Office of
Management and Enterprise Services shall promulgate rules to effect
the provisions of the comprehensive professional risk management
program.
H. 1. a. Any community action agency established pursuant to
Sections 5035 through 5040 of this title may
participate in the comprehensive professional risk
management program established pursuant to this
section for risks incurred as a result of operating a
Head Start program or providing transportation
services to the public. The Risk Management
Administrator shall obtain or provide for insurance
coverage for such community action agencies or bonding
for employees of such community action agencies. Any
liability insurance coverage obtained or provided
shall include expenses for administrative and legal
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services obtained or provided by the Risk Management
Administrator.
b. The Risk Management Administrator shall determine
criteria for participation in the risk management
program by such community action agencies. In
addition, the Risk Management Administrator may
require each such community action agency to:
(1) provide adequate qualified personnel and suitable
facilities and equipment for operating a Head
Start program or providing transportation
services to the public, and
(2) comply with such standards as are necessary for
the protection of the clients it serves.
2. To receive coverage pursuant to this section, a community
action agency shall make payments for any insurance coverage and
shall otherwise comply with the provisions of this section and rules
promulgated by the Office pursuant to the provisions of this
section.
3. Requests for the insurance coverage provided pursuant to the
provisions of this subsection shall be submitted in writing to the
Risk Management Administrator by the community action agencies.
I. The Risk Management Administrator may provide or obtain for
any state agency, public trust with the state as a beneficiary and a
director, officer, employee or member thereof, insurance for
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liability for loss, including judgments, awards, settlements, costs
and legal expenses, resulting from violations of rights or
privileges secured by the Constitution or laws of the United States
of America which occur while a director, officer, employee or member
is acting within the scope of service to the State of Oklahoma. The
insurance shall be for coverage in excess of the limits on liability
established by The Governmental Tort Claims Act but shall not limit
or waive any immunities now or hereafter available to the State of
Oklahoma or any state agency, any public trust with the state as a
beneficiary, or any director, officer, employee or member thereof
including, but not limited to, any immunities under the Eleventh
Amendment to the Constitution of the United States, state sovereign
immunity, and any absolute or qualified immunity held by any
director, officer, employee or member.
SECTION 686. AMENDATORY 74 O.S. 2021, Section 85.58D, is
amended to read as follows:
Section 85.58D. There is hereby created in the State Treasury a
revolving fund for the Office of Management and Enterprise Services,
to be designated the "Risk Management Fire Protection Revolving
Fund". The fund shall be a continuing fund, not subject to fiscal
year limitations, and shall consist of any monies transferred
thereto by an act of the Legislature and any fees collected by the
Office of Management and Enterprise Services in accordance with the
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provisions of Section 85.58B of this title. All monies accruing to
the credit of the fund are hereby appropriated and may be budgeted
and expended by the Office of Management and Enterprise Services for
the purposes of the Comprehensive Professional Risk Management
Program provided for in Section 85.58A of this title, including the
salaries and administrative expenses of support staff responsible
for administering the fund and expenses the Office incurs to support
program operations. Expenditures from said fund shall be made upon
warrants issued by the State Treasurer against claims filed as
prescribed by law with the Director Chief Operating Officer of the
Office of Management and Enterprise Services for approval and
payment.
SECTION 687. AMENDATORY 74 O.S. 2021, Section 85.58G, is
amended to read as follows:
Section 85.58G. There is hereby created in the State Treasury a
revolving fund for the Office of Management and Enterprise Services,
to be designated the "Risk Management Elderly and Handicapped
Transportation Revolving Fund". The fund shall be a continuing
fund, not subject to fiscal year limitations, and shall consist of
any monies transferred thereto by an act of the Legislature and any
fees collected by the Office of Management and Enterprise Services
in accordance with the provisions of Section 85.58E of this title.
All monies accruing to the credit of said fund are hereby
appropriated and may be budgeted and expended by the Office of
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Management and Enterprise Services for the purposes of the
Comprehensive Professional Risk Management Program provided for in
Section 85.58A of this title, including the salaries and
administrative expenses of support staff responsible for
administering said fund and expenses the Department incurs to
support program operations. Expenditures from said fund shall be
made upon warrants issued by the State Treasurer against claims
filed as prescribed by law with the Director Chief Operating Officer
of the Office of Management and Enterprise Services for approval and
payment.
SECTION 688. AMENDATORY 74 O.S. 2021, Section 85.58H, as
amended by Section 240, Chapter 282, O.S.L. 2022 (74 O.S. Supp.
2025, Section 85.58H), is amended to read as follows:
Section 85.58H. A. Upon written certification by the Director
Chief Operating Officer of the Office of Management and Enterprise
Services that errors and omissions liability insurance for licensed
operators and their employees is not reasonably available in the
private market at competitive rates, after taking into account the
administrative costs associated with such insurance, the Risk
Management Administrator pursuant to Section 85.58A of this title
may obtain or provide limited indemnity coverage for licensed
operators and the employees who are employed by such licensed
operators for any errors and omissions liability risks arising from
the performance of their official duties pursuant to law. Any such
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certification by the Director Chief Operating Officer of the Office
of Management and Enterprise Services shall be effective for a
period of two (2) years. Any such limited indemnity coverage shall
be obtained or provided solely from funds available in the shared
risk pool authorized by this section and subject to the limitations
set out herein. The Risk Management Administrator shall establish
liability limits for such errors and omissions coverage on an annual
basis. Any such limits shall be based on the liquidity of the
shared risk pool resulting from the annual payments made pursuant to
subsection C of this section and any interest accrued thereon, after
deduction of such sums as may be necessary to pay all overhead and
administrative expenses associated with administering the pool.
B. The Risk Management Administrator is authorized to determine
eligibility criteria for participation in the Risk Management
Program for such licensed operators and employees of such licensed
operators. Any limited indemnity coverage provided for errors and
omissions pursuant to the provisions of this subsection shall only
cover errors or omissions made by a licensed operator or any
employee of such licensed operator occurring after July 1, 1990.
C. Except as otherwise provided in subsection G of this
section, licensed operators shall be required to make annual
payments of Forty Dollars ($40.00) per licensed operator and Forty
Dollars ($40.00) per employee of the licensed operator for such
limited indemnity coverage. The Risk Management Administrator is
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authorized to assess an additional payment per year, not to exceed
Forty Dollars ($40.00) per licensed operator and per employee of
such licensed operator, if the shared risk pool resulting from the
payment of the fees made pursuant to this subsection is not adequate
to cover any liability incurred.
D. Requests for the limited indemnity coverage provided
pursuant to the provisions of this section shall be submitted in
writing to the Risk Management Administrator by the licensed
operators.
E. All fees collected in accordance with the provisions of this
section shall be deposited in the Oklahoma Licensed Operator
Indemnity Fund.
F. In providing risk management services for any licensed
operator or employee of such licensed operator, it is the intention
of the Legislature to provide limited indemnification of licensed
operators or employees of such licensed operators for errors and
omissions, solely to the extent of assets in the shared risk pool
created by this section. The State of Oklahoma is not liable,
directly or indirectly, for the errors and omissions of any licensed
operator or any employee of such licensed operator in the
performance of official duties pursuant to law. The Risk Management
Administrator shall determine the extent of indemnification for
losses incurred by any such licensed operator or employee of such
licensed operator based upon the liquidity of the shared risk pool.
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G. The Risk Management Administrator is authorized to establish
a system under which the extent of indemnity coverage may be
extended or reduced based upon an increase or decrease in the amount
of the payment required in subsection C of this section. Said
system shall only be established when the liquidity of the shared
risk pool is such that the system is feasible in the judgment of the
Administrator. Upon establishment of such a system, a licensed
operator may elect to increase or decrease the amount of the payment
required in subsection C of this section and correspondingly extend
or reduce coverage for losses incurred by the licensed operator or
employee of such licensed operator.
SECTION 689. AMENDATORY 74 O.S. 2021, Section 85.58J, is
amended to read as follows:
Section 85.58J. A. 1. The Risk Management Administrator may
obtain or otherwise provide for the insurance coverage specified by
this section for a foster family home providing foster care services
for children in the custody of the Department of Human Services
pursuant to the Oklahoma Children's Code or the Department of
Juvenile Justice pursuant to the Juvenile Justice Code.
2. Pursuant to the provisions of this section and Section
85.58A of this title, the Risk Management Administrator may obtain
or otherwise provide for property and casualty insurance for
injuries or damages arising from the foster care relationship and
the provision of foster care services, property damage or bodily
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injury, as a result of the activities of the foster child, and
reasonable and necessary legal fees incurred in defense of civil
claims filed pursuant to this section, the Oklahoma Foster Care and
Out-of-Home Placement Act, the Oklahoma Children's Code or the
Juvenile Justice Code, and any judgments awarded as a result of such
claims. Any insurance coverage obtained or provided pursuant to the
provisions of this section shall include expenses for legal services
obtained or provided by the Risk Management Administrator.
B. The Risk Management Administrator is authorized to establish
qualifications for coverage and to determine eligibility criteria
and other standards for participation in the Risk Management Program
by the foster family homes. A foster family shall be approved for
participation in the Risk Management Program by the Risk Management
Administrator if the foster family meets the standards and
eligibility requirements established by the Risk Management
Administrator.
C. 1. A request for the insurance coverage provided pursuant
to this section shall be submitted in writing to the Department of
Human Services and the Department of Juvenile Justice by a foster
care family. The Department of Human Services and the Department of
Juvenile Justice shall provide a list of the names of all foster
family homes which wish to obtain insurance coverage specified by
this section to the Risk Management Administrators.
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2. Upon obtaining insurance coverage as provided by this
section, the Department of Human Services and the Department of
Juvenile Justice shall provide notice to all foster family homes
with whom the state agencies contract for foster care services.
D. The Risk Management Administrator shall establish liability
limits for the insurance coverage authorized by this section on an
annual basis based on the insurance carrier requirements or based on
the liquidity of the shared risk pool in the Foster Families
Protection Account resulting from the annual payments made pursuant
to Section 85.58M of this title and any interest accrued thereon,
after deduction of such sums as may be necessary to pay all overhead
and administrative expenses associated with administering the pool.
E. A foster family shall be required to make payments for such
insurance coverage or payments may be made from funds deposited on
behalf of foster families by the Department of Human Services or the
Department of Juvenile Justice if such funds are available. All
fees collected in accordance with the provisions of this section
shall be deposited in the Foster Families Protection Account.
Claims against the insurance carrier or the pool shall be filed with
either the Department of Human Services or the Department of
Juvenile Justice, as appropriate, and shall be forwarded to the Risk
Management Administrator.
F. 1. Any insurance or indemnity coverage shall be provided
solely from funds in the Foster Families Protection Account and to
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the extent of assets available in the shared risk pool established
pursuant to the provisions of this section. The Risk Management
Administrator shall determine the extent of indemnification for
losses incurred by any foster families based upon the liquidity of
the shared risk pool in the Foster Families Protection Account.
2. The State of Oklahoma is not liable, directly or indirectly,
for any liability incurred by a foster family in the performance of
foster care services.
G. 1. There is hereby created in the State Treasury a
revolving fund for the Office of Management and Enterprise Services,
to be designated the "Foster Families Protection Account". The
account shall be a continuing fund, not subject to fiscal year
limitations, and shall consist of any monies transferred thereto by
the Department of Human Services, the Department of Juvenile Justice
or any child-placing agency, and any fees collected by the Office of
Management and Enterprise Services and deposited pursuant to law.
2. All monies accruing to the credit of said fund shall be
expended by the Office of Management and Enterprise Services for the
specific purposes specified by this section and the salaries and
administrative expenses of support staff responsible for
administering the fund.
3. Expenditures from the fund shall be made upon warrants
issued by the State Treasurer against claims filed as prescribed by
law with the Director Chief Operating Officer of the Office of
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Management and Enterprise Services for approval and payment. The
Foster Families Protection Account shall consist of:
a. all fees and other monies received pursuant to this
section, and
b. interest attributable to investment of monies in the
account.
H. 1. The monies deposited in the account shall at no time
become monies of the state and shall not become part of the general
budget of the Office of Management and Enterprise Services or any
other state agency. Except as otherwise authorized by this
subsection, no monies from the account shall be transferred for any
purpose to any other state agency or any account of the Office of
Management and Enterprise Services or be used for the purpose of
contracting with any other state agency or reimbursing any other
state agency for any expense.
2. Monies in the account shall only be expended for:
a. the purposes specified by this section, and
b. costs incurred by the Comprehensive Professional Risk
Management Program for the administration of this
section.
I. Any costs incurred by the Office of Management and
Enterprise Services pursuant to the provisions of this section shall
not exceed the actual expenditures made by the Office of Management
and Enterprise Services to implement the provisions of this section.
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J. Payment of claims from the Foster Families Protection
Account shall not become or be construed to be an obligation of this
state. No claims submitted for reimbursement or payment from the
account shall be paid with state monies.
SECTION 690. AMENDATORY 74 O.S. 2021, Section 85.58K, as
amended by Section 1, Chapter 163, O.S.L. 2024 (74 O.S. Supp. 2025,
Section 85.58K), is amended to read as follows:
Section 85.58K. A. There is hereby created in the State
Treasury a revolving fund for the Office of Management and
Enterprise Services, to be designated the “Risk Management Revolving
Fund”. The fund shall be a continuing fund, not subject to fiscal
year limitations, and shall consist of any monies transferred
thereto by act of the Legislature and any monies which may be
deposited thereto by the Office of Management and Enterprise
Services as provided for by law. The money in the fund shall be
invested by the Risk Management Administrator, as hired or
contracted pursuant to Section 85.58A of this title, in the manner
specified for making investments in Section 1305.1 of this title.
Investment income of the fund shall be added to the fund.
B. Within the Risk Management Revolving Fund, there is hereby
created the Property and Casualty Account, the Motor Vehicle
Liability Account and the General Tort Liability Account. The
Director Chief Operating Officer of the Office of Management and
Enterprise Services is authorized to establish such additional
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accounts within the Risk Management Revolving Fund deemed necessary.
The monies in each account shall be maintained actuarially separate
to ensure that premiums or fees paid for specific insurance coverage
are adequate to pay the expenses and claims for that coverage.
C. All monies accruing to the credit of said fund are hereby
appropriated and may be budgeted and expended by the Office of
Management and Enterprise Services for the purposes of the
Comprehensive Professional Risk Management Program provided for in
Section 85.58A of this title, including but not limited to the
salaries and administrative expenses of the Risk Management
Administrator and support staff and expenses the Department incurs
to support program operations. Expenditures from said fund shall be
made upon warrants issued by the State Treasurer against claims
filed as prescribed by law with the Director Chief Operating Officer
of the Office of Management and Enterprise Services for approval and
payment.
SECTION 691. AMENDATORY 74 O.S. 2021, Section 85.58L, is
amended to read as follows:
Section 85.58L. A. There is hereby created in the State
Treasury a revolving fund for the Office of Management and
Enterprise Services, to be designated the "Risk Management Political
Subdivision Participation Revolving Fund". The fund shall be a
continuing fund, not subject to fiscal year limitations, and shall
consist of any monies transferred thereto by an act of the
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Legislature and any fees collected by the Office of Management and
Enterprise Services and deposited pursuant to law. All monies
accruing to the credit of said fund shall be expended by the Office
of Management and Enterprise Services for the purposes specified by
this section and the salaries and administrative expenses of support
staff responsible for administering the fund and expenses the Office
incurs to support program operations. Expenditures from the fund
shall be made upon warrants issued by the State Treasurer against
claims filed as prescribed by law with the Director Chief Operating
Officer of the Office of Management and Enterprise Services for
approval and payment.
B. Within the Risk Management Political Subdivision
Participation Revolving Fund, there is hereby created the
Conservation District Protection Account. The account shall be set
apart as a separate, permanent and perpetual account not subject to
fiscal year limitations and shall consist of:
1. All fees and other monies received pursuant to Section
85.58I of this title; and
2. Interest attributable to investment of monies in the
account.
C. 1. The monies deposited in the Risk Management Political
Subdivision Participation Revolving Fund shall at no time become
monies of any other state agency. Except as otherwise authorized by
this subsection, no monies from the Risk Management Political
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Subdivision Participation Revolving Fund shall be transferred for
any purpose to any other state agency or be used for the purpose of
contracting with any other state agency or reimbursing any other
state agency for any expense.
2. Monies in the Risk Management Political Subdivision
Participation Revolving Fund shall only be expended for:
a. the purposes specified by this section, and
b. costs incurred by the Comprehensive Professional Risk
Management Program for the administration of duties
this section specifies and expenses the Department
incurs to support program operations.
D. Any costs incurred by the Office of Management and
Enterprise Services pursuant to the provisions of this section shall
not exceed the actual expenditures made by the Office of Management
and Enterprise Services to implement the provisions of this section.
E. Payment of claims from the Risk Management Political
Subdivision Participation Revolving Fund shall not become or be
construed to be an obligation of this state. No claims submitted
for reimbursement or payment from the fund shall be paid with state
monies.
SECTION 692. AMENDATORY 74 O.S. 2021, Section 85.58P, is
amended to read as follows:
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Section 85.58P. There is hereby created in the State Treasury a
revolving fund for the Office of Management and Enterprise Services,
to be designated the "Risk Management Public Transit Revolving
Fund". The fund shall be a continuing fund, not subject to fiscal
year limitations, and shall consist of any monies transferred
thereto by an act of the Legislature and any fees collected by the
Office of Management and Enterprise Services in accordance with the
provisions of Section 85.58O of this title. All monies accruing to
the credit of the fund are hereby appropriated and may be budgeted
and expended by the Office of Management and Enterprise Services for
the purposes of the Comprehensive Professional Risk Management
Program provided for in Section 85.58A of this title, including the
salaries and administrative expenses of support staff responsible
for administering the fund and expenses the Office incurs to support
program operations. Expenditures from said fund shall be made upon
warrants issued by the State Treasurer against claims filed as
prescribed by law with the Director Chief Operating Officer of the
Office of Management and Enterprise Services for approval and
payment.
SECTION 693. AMENDATORY 74 O.S. 2021, Section 85.58V, is
amended to read as follows:
Section 85.58V. A. Whenever any officer, statutory board,
commission, committee, department, authority, or any state agent or
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agency by whatever name called, is authorized by any law of this
state to purchase any official bond, surety bond, blanket bond, or
surety contract upon any state officer or employee, the authority is
hereby transferred and conferred upon the Purchasing Division of the
Office of Management and Enterprise Services. The authority shall
be exercised by the Purchasing Division in the manner pursuant to
the provisions and requirements prescribed by Section 85.58A of this
title.
B. The premium for a bond will be invoiced to the Purchasing
Division and paid for by legislative appropriation set aside for
that specific purpose.
C. If the legislative appropriation is insufficient to meet the
cost of a bond, the State Purchasing Director in conjunction with
the State Risk Administrator shall assess each entity covered by the
bond a pro rata share of the excess cost amount.
D. A blanket bond shall be approved as to form and legal
sufficiency by the general counsel of the Office of Management and
Enterprise Services and shall be filed with the Director Chief
Operating Officer of the Office of Management and Enterprise
Services.
SECTION 694. AMENDATORY 85 O.S. 2021, Section 380, as
amended by Section 1, Chapter 256, O.S.L. 2024, and as renumbered by
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Section 3, Chapter 256, O.S.L. 2024 (74 O.S. Supp. 2025, Section
85.70), is amended to read as follows:
Section 85.70. A. 1. Except as provided for in subsections E
though I of this section, volunteer fire departments organized
pursuant to state law may obtain workers’ compensation insurance for
volunteer firefighters through the Volunteer Firefighter Group
Insurance Pool pursuant to requirements established by CompSource
Mutual Insurance Company which shall administer the Pool. For the
premium set by CompSource Mutual Insurance Company, the state shall
provide Fifty-five Dollars ($55.00) per firefighter per year.
Except as otherwise provided by subsection D of this section, the
total amount paid by the state shall not exceed Three Hundred Twenty
Thousand Three Hundred Thirty-eight Dollars ($320,338.00) per year
or so much thereof as may be necessary to fund the Volunteer
Firefighter Group Insurance Pool.
2. CompSource Mutual Insurance Company shall collect the
premium from state agencies, public trusts, and other
instrumentalities of the state. Any funds received by CompSource
Mutual Insurance Company from any state agency, public trust, or
other instrumentality for purposes of workers’ compensation
insurance pursuant to this section shall be deposited to the credit
of the Volunteer Firefighter Group Insurance Pool. CompSource
Mutual Insurance Company shall collect premiums, pay claims, and
provide for excess insurance as needed.
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B. CompSource Mutual Insurance Company shall electronically
report, annually, to the Governor, the Speaker of the House of
Representatives, and the President Pro Tempore of the Senate the
number of enrollees in the Volunteer Firefighter Group Insurance
Pool, and the amount of any anticipated surplus or deficiency of the
Pool; and shall also provide to the Governor, the Speaker of the
House of Representatives and the President Pro Tempore of the Senate
sixty (60) days’ advance notice of any proposed change in rates for
the Volunteer Firefighter Group Insurance Pool.
C. The amount of claims paid, claim expenses, underwriting
losses, loss ratio, or any other financial aspect of the Volunteer
Firefighter Group Insurance Pool shall not be considered when
determining or considering bids for the amount of any premiums,
rates, or expenses owed by, or any discounts, rebates, dividends, or
other financial benefits owed to any other policyholder of
CompSource Mutual Insurance Company.
D. Except as otherwise provided by law, any increase in the
state payment rate for volunteer firefighters under the Volunteer
Firefighter Group Insurance Pool shall not exceed five percent (5%)
per annum. Any proposed change in rates for the Volunteer
Firefighter Group Insurance Pool must be approved by the Board of
Directors of CompSource Mutual Insurance Company with notice
provided pursuant to subsection B of this section. CompSource
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Mutual Insurance Company shall not increase premiums for the
Volunteer Firefighter Group Insurance Pool more than once per annum.
E. 1. The provisions of subsections A through D of this
section shall apply only to workers’ compensation claims for
volunteer firefighters incurred prior to the effective date of this
act.
2. Not later than the effective date of this act, the Volunteer
Firefighter Group Insurance Pool shall be transferred to the Office
of Management and Enterprise Services Comprehensive Professional
Risk Management Program. Provided, existing reserves from the Pool
shall remain with CompSource Mutual Insurance Company for the
purpose of managing claims incurred prior to the effective date of
this act. All claims incurred on and after the effective date of
this act shall be administered by the Office of Management and
Enterprise Services (OMES).
3. OMES may contract with a third-party administrator or hire
not more than two full-time personnel for the purposes of
administering the Pool.
4. Nothing in this section shall be construed to permit OMES to
administer workers’ compensation to a paid fire department as such
term is defined in Section 29-104.1 of Title 11 of the Oklahoma
Statutes.
F. 1. Volunteer fire departments organized pursuant to state
law may obtain workers’ compensation insurance for volunteer
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firefighters through the Volunteer Firefighter Group Insurance Pool
pursuant to requirements established by the Office of Management and
Enterprise Services Comprehensive Professional Risk Management
Program.
2. OMES shall collect a premium of One Hundred Twenty Dollars
($120.00) per firefighter per year from state agencies, public
trusts, and other instrumentalities of the state. Any funds
received by OMES from any state agency, public trust, or other
instrumentality for purposes of workers’ compensation insurance
pursuant to this section shall be deposited to the credit of the
Volunteer Firefighter Group Insurance Pool. OMES shall collect
premiums, pay claims, and provide for excess insurance as needed.
G. OMES shall electronically report, annually, to the Governor,
the Speaker of the House of Representatives, and the President Pro
Tempore of the Senate the number of enrollees in the Volunteer
Firefighter Group Insurance Pool, and the amount of any anticipated
surplus or deficiency of the Pool; and shall also provide to the
Governor, the Speaker of the House of Representatives, and the
President Pro Tempore of the Senate sixty (60) days’ advance notice
of any proposed change in rates for the Volunteer Firefighter Group
Insurance Pool.
H. The amount of claims paid, claim expenses, underwriting
losses, loss ratio, or any other financial aspect of the Volunteer
Firefighter Group Insurance Pool shall not be considered when
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determining or considering bids for the amount of any premiums,
rates, or expenses owed by, or any discounts, rebates, dividends, or
other financial benefits owed to any other policyholder of OMES.
I. Except as otherwise provided by law, any increase in the
state payment rate for volunteer firefighters under the Volunteer
Firefighter Group Insurance Pool shall not exceed five percent (5%)
per annum. Any proposed change in rates for the Volunteer
Firefighter Group Insurance Pool must be approved by the Director
Chief Operating Officer of the Office of Management and Enterprise
Services with notice provided pursuant to subsection G of this
section. OMES shall not increase premiums for the Volunteer
Firefighter Group Insurance Pool more than once per annum.
J. For purposes of this section, the term “volunteer fire
departments” includes those volunteer fire departments which have
authorized voluntary or uncompensated workers rendering services as
firefighters and are created by statute pursuant to Section 592 of
Title 18 of the Oklahoma Statutes, Sections 29-201 through 29-206 of
Title 11 of the Oklahoma Statutes, and those defined by Section 351
of Title 19 of the Oklahoma Statutes.
SECTION 695. AMENDATORY Section 2, Chapter 256, O.S.L.
2024 (74 O.S. Supp. 2025, Section 85.71), is amended to read as
follows:
Section 85.71. There is hereby created in the State Treasury a
revolving fund for the Office of Management and Enterprise Services
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(OMES) to be designated the “Volunteer Firefighter Group Insurance
Pool Revolving Fund”. The fund shall be a continuing fund, not
subject to fiscal year limitations, and shall consist of all monies
received by OMES from appropriations provided for the purpose of
administering the Volunteer Firefighter Group Insurance Pool in the
event that no other funds are available. All monies accruing to the
credit of the fund are hereby appropriated and may be budgeted and
expended by OMES for the purpose provided for in this section.
Expenditures from the fund shall be made upon warrants issued by the
State Treasurer against claims filed as prescribed by law with the
Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment.
SECTION 696. AMENDATORY 74 O.S. 2021, Section 90.1, is
amended to read as follows:
Section 90.1. A. Except as otherwise provided for in this
section, any agency, as defined in the Administrative Procedures
Act, which has an expenditure for postage of Two Thousand Dollars
($2,000.00) or more for any one (1) fiscal year shall install a
postage meter machine and have all purchases of postage recorded on
that postage meter machine. Except, a field office or branch office
of a state agency distantly located from the parent agency, and
which office has an annual expenditure for postage of less than Two
Thousand Dollars ($2,000.00), may purchase postage stamps in the
manner prescribed by Section 90.2 of this title and such purchases
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shall not be subject to the provisions of subsection B of this
section.
B. Any agency, as defined in the Administrative Procedures Act,
not engaged in scientific research or community development, which
finds it necessary, in order to more efficiently and effectively
carry out certain programs or functions, is hereby authorized, upon
making application to the Director Chief Operating Officer of the
Office of Management and Enterprise Services showing sufficient need
and upon approval by said Director Chief Operating Officer, to
purchase not more than Two Thousand Dollars ($2,000.00) worth of
postage stamps during any one (1) fiscal year in the manner
prescribed by Section 90.2 of this title, with a method of
accountability for the use thereof to be maintained and subject to
audit. Any agency of the state engaged in scientific research or
community development, which finds it necessary, in order to
effectively carry out such research or development, is hereby
authorized, upon making application to the Director Chief Operating
Officer of the Office of Management and Enterprise Services showing
sufficient need and upon approval by the Director Chief Operating
Officer, to purchase postage stamps in the amount demonstrated
necessary to pursue such research or development in the manner
prescribed by Section 90.2 of this title, with a method of
accountability for the use thereof to be maintained and subject to
audit. Provided, however, the finance officer of such state agency
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shall keep and maintain a record of all postage stamp allocations
within the agency. For purposes of this section, "scientific
research" shall mean research conducted under formally sponsored
grants or contracts; "community development" shall mean development
conducted by a formally and permanently organized office for that
purpose.
C. Every state agency shall utilize business reply mail
accounts, bulk mailing accounts, postage due accounts, zip + 4
codes, mailer applied bar codes or such other services offered by
the United States Postal Service for the purpose of reducing postal
costs and promoting efficiency. The Office of Management and
Enterprise Services shall oversee the implementation of the
provisions of this subsection.
SECTION 697. AMENDATORY 74 O.S. 2021, Section 94, is
amended to read as follows:
Section 94. A. Except as otherwise provided by law, the Office
of Management and Enterprise Services shall have full and complete
authority to designate quarters for every department of state
government, and to determine what space shall be allotted.
B. The Office may lease adequate space in state buildings and
facilities to private vendors for the location of automatic teller
machines as determined necessary or appropriate by the Director
Chief Operating Officer of the Office. The Office is hereby
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authorized to fix the monthly amount to be paid by such vendors,
which shall be deposited in the General Revenue Fund.
SECTION 698. AMENDATORY 74 O.S. 2021, Section 110.1, is
amended to read as follows:
Section 110.1. A. The Office of Management and Enterprise
Services shall maintain a current inventory of tangible assets owned
by state boards, commissions, institutions, agencies and the
institutions comprising The Oklahoma State System of Higher
Education and the University Hospitals Authority.
B. The Director Chief Operating Officer of the Office of
Management and Enterprise Services shall have authority to
promulgate rules to implement the provisions of this section.
C. For entities included in subsection A of this section, the
Director Chief Operating Officer of the Office of Management and
Enterprise Services shall specify a tangible asset reporting
threshold for each entity, not to exceed the federal capitalization
rate specified in the Office of Management and Budget Circular A-21
or future federal circulars or regulations as amended. When
establishing the tangible asset reporting threshold for an entity,
the Director Chief Operating Officer of the Office of Management and
Enterprise Services shall consider the entity's capability to
provide tangible asset records, finance and accounting systems,
inventory accuracy and other pertinent factors.
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D. Tangible assets shall consist of machinery, implements,
tools, furniture, livestock, vehicles and other apparatus that may
be used repeatedly without material impairment of its physical
condition and have a calculable period of service and a value
exceeding the reporting threshold the Director Chief Operating
Officer of the Office of Management and Enterprise Services
establishes for the entity.
E. Rules that the Director Chief Operating Officer of the
Office of Management and Enterprise Services promulgates shall cause
all tangible assets to be properly coded, tagged, or marked in such
a manner that they may be readily identified as property of the
State of Oklahoma and that statistical records may be maintained.
F. The Office of Management and Enterprise Services may make
periodic checks of tangible assets of entities listed in subsection
A of this section. All entities will make support personnel
available to the Office of Management and Enterprise Services to
report tangible asset acquisitions, assist with identification and
update inventories on a periodic basis.
G. The Office of Management and Enterprise Services shall
report missing tangible assets to state investigative or law
enforcement officials.
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SECTION 699. AMENDATORY Section 1, Chapter 24, 1st
Extraordinary Session, O.S.L. 2023 (74 O.S. Supp. 2025, Section
110.5), is amended to read as follows:
Section 110.5. A. There is hereby continued a Jim Thorpe
Repair Expenditure Oversight Committee originally created in Section
382 of Title 73 of the Oklahoma Statutes. The authorized
distributions from the Legacy Capital Financing Fund as described in
Enrolled House Bill No. 1011 of the 1st Extraordinary Session of the
59th Oklahoma Legislature that are needed for repairs to the
interior and exterior of the Jim Thorpe Office Building shall be
subject to the approval of the Jim Thorpe Repair Expenditure
Oversight Committee; provided, however, the expenditure of those
proceeds shall be subject to a Request for Proposal process.
The Committee shall be composed of nine (9) members as follows:
1. Three persons to be appointed by the Governor, one of whom
shall serve as chair of the Committee;
2. Three legislators to be appointed by the Speaker of the
Oklahoma House of Representatives, two of whom shall be members of
the majority political party and one of whom shall be a member of
the minority political party; and
3. Three legislators to be appointed by the President Pro
Tempore of the Oklahoma State Senate, two of whom shall be members
of the majority political party and one of whom shall be a member of
the minority political party. Five members of the Committee shall
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constitute a quorum and the vote of five members shall be necessary
for any action taken by the Committee. The Committee shall be
staffed by employees of the Office of Management and Enterprise
Services. The Committee shall be subject to the Oklahoma Open
Meeting Act.
B. The Committee shall deliver a preliminary plan for the
renovation, repair, and remodeling of the Jim Thorpe Office Building
to the Director Chief Operating Officer of the Office of Management
and Enterprise Services no later than December 31, 2022. The
preliminary plan shall include the following components:
1. Establishment of the Office of Management and Enterprise
Services' goal and criteria for use by the vendor; and
2. Selection criteria for the design-build team vendor to be
selected through a Request for Proposal process.
C. Following receipt of the preliminary plan as approved by the
Committee, the Office of Management and Enterprise Services shall
solicit Requests for Proposals to select the vendor for the project.
D. The Committee shall deliver a final plan to the Director
Chief Operating Officer of the Office of Management and Enterprise
Services no later than June 30, 2023. The final plan shall include
the following components:
1. Approval of the final scope of work developed by the vendor;
and
2. Approval of the project phasing developed by the vendor.
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E. Following delivery of the final plan, the Committee shall
continue to oversee the expenditure of proceeds from the sale of
obligations issued pursuant to the provisions of this section until
completion of the renovation, repair, and remodeling of the Jim
Thorpe Office Building. The Committee may also propose and approve
amendments to the plan as it deems appropriate.
F. The Director Chief Operating Officer of the Office of
Management and Enterprise Services shall have responsibility to
substantially implement the plan as presented by the Committee.
G. The continuation of the Committee, as provided in this act,
shall be interpreted to result in no disruption to the current
operations and structure of the Committee.
SECTION 700. AMENDATORY 74 O.S. 2021, Section 121, is
amended to read as follows:
Section 121. The Director Chief Operating Officer of the Office
of Management and Enterprise Services, subject to the approval of
the Governor, is hereby authorized to employ, or to contract with,
an auditor or auditing company, to audit the books, records, and
files of all state commissions or departments. Such audit is to be
made by a certified accountant, or accountants or firm of certified
accountants, who shall be approved by the Governor of the State of
Oklahoma, contracts for such audit may be made with one or more
separate certified accountants, or firm of certified accountants,
for auditing of the several different departments or commissions.
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SECTION 701. AMENDATORY 74 O.S. 2021, Section 130.4, is
amended to read as follows:
Section 130.4. A. There is hereby created in the State
Treasury a revolving fund for the Office of Management and
Enterprise Services to be designated as the "Oklahoma Alternative
Fuels Conversion Fund". The fund shall be a continuing fund, not
subject to fiscal year limitations, and shall consist of all monies
received by the Office of Management and Enterprise Services
pursuant to Section 130.5 of this title.
B. All monies accruing to the credit of the revolving fund
shall be expended by the Office of Management and Enterprise
Services to reimburse expenses relative to the conversion of
government vehicles and school vehicles to have the capability of
being fueled or charged by alternative fuels and/or the expenses
relative to the installation of a fill station or charge station.
The maximum amount expended per vehicle shall be the actual cost of
vehicle conversion or Ten Thousand Dollars ($10,000.00), whichever
is less. The maximum amount expended per fill station or charge
station shall be the actual cost of the installation or Three
Hundred Thousand Dollars ($300,000.00), whichever is less. The
balance on deposit in the fund shall never exceed the sum of Five
Million Dollars ($5,000,000.00).
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C. Expenditures from the revolving fund shall be made upon
warrants issued by the State Treasurer against claims filed as
prescribed by law with the Director Chief Operating Officer of the
Office of Management and Enterprise Services for approval and
payment.
SECTION 702. AMENDATORY 74 O.S. 2021, Section 130.25, is
amended to read as follows:
Section 130.25. A. There is hereby created in the State
Treasury a revolving fund for the Department of Labor to be
designated as the "Compressed Natural Gas Conversion Safety and
Regulation Fund". The fund shall be a continuing fund, not subject
to fiscal year limitations, and shall consist of all monies received
by the Department of Labor pursuant to Section 2357.22 of Title 68
of the Oklahoma Statutes.
B. All monies accruing to the credit of the revolving fund
shall be expended by the Department of Labor to inspect, regulate
and enforce safety regulations of the conversion of motor vehicles
for operation on compressed natural gas.
C. Expenditures from the revolving fund shall be made upon
warrants issued by the State Treasurer against claims filed as
prescribed by law with the Director Chief Operating Officer of the
Office of Management and Enterprise Services for approval and
payment.
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SECTION 703. AMENDATORY 74 O.S. 2021, Section 150.2, as
amended by Section 1, Chapter 240, O.S.L. 2023 (74 O.S. Supp. 2025,
Section 150.2), is amended to read as follows:
Section 150.2. A. The Oklahoma State Bureau of Investigation
shall have the power and duty to:
1. Maintain a nationally accredited scientific laboratory to
assist all law enforcement agencies in the discovery and detection
of criminal activity;
2. Maintain fingerprint and other identification files
including criminal history records, juvenile identification files,
and DNA profiles;
3. Establish, coordinate and maintain the automated fingerprint
identification system (AFIS) and the deoxyribonucleic acid (DNA)
laboratory;
4. Operate teletype, mobile and fixed radio or other
communications systems;
5. Conduct schools and training programs for the agents, peace
officers, and technicians of this state charged with the enforcement
of law and order and the investigation and detection of crime;
6. Assist the Director of the Oklahoma State Bureau of
Narcotics and Dangerous Drugs Control, the Chief Medical Examiner,
and all law enforcement officers and district attorneys when such
assistance is requested, in accordance with the policy determined by
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the Oklahoma State Bureau of Investigation Commission established in
Section 150.3 of this title;
7. Investigate and detect criminal activity when directed to do
so by the Governor;
8. Investigate, detect, institute and maintain actions
involving vehicle theft pursuant to Section 150.7a of this title or
oil, gas or oil field equipment theft pursuant to Sections 152.2
through 152.9 of this title;
9. Investigate any criminal threat made to the physical safety
of elected or appointed officials of this state or any political
subdivision of the state and forward the results of that
investigation to the Department of Public Safety, and provide
security to foreign elected or appointed officials while they are in
this state on official business;
10. Investigate and detect violations of the Oklahoma Computer
Crimes Act;
11. Investigate and enforce all laws relating to any crime
listed in Section 571 of Title 57 of the Oklahoma Statutes that
occurs on the turnpikes;
12. Investigate and detect criminal activity involving files,
records, assets, properties, buildings or employees of the Oklahoma
State Bureau of Investigation. Nothing in this paragraph shall
limit or prevent any criminal investigation of the matter by the
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sheriff of the county or any law enforcement agency of competent
jurisdiction; and
13. Contract with municipal or county law enforcement agencies
to conduct administrative reviews of law enforcement use-of-force
investigations for compliance with current investigative procedures,
standards and law. All funds received as a result of the contract
will be deposited in the OSBI Revolving Fund. Any review of use-of-
force investigation shall be done by a certified police officer.
B. There is hereby created in the State Treasury a revolving
fund for the Oklahoma State Bureau of Investigation to be designated
the "Alaunna Raffield Revolving Fund". The fund shall be a
continuing fund, not subject to fiscal year limitations, and shall
consist of all monies received by the Bureau from appropriations
designated for deposit in the fund. All monies accruing to the
credit of the fund are hereby appropriated and may be budgeted and
expended by the Bureau for the purpose of assisting law enforcement
partners with the cost of attending trainings facilitated by the
Bureau. Scholarship opportunities shall be afforded each year to
county and municipal law enforcement agencies to attend accredited
trainings conducted by the Bureau. Expenditures from the fund shall
be made upon warrants issued by the State Treasurer against claims
filed as prescribed by law with the Director Chief Operating Officer
of the Office of Management and Enterprise Services for approval and
payment. The Bureau is authorized to promulgate agency rules for
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the administration of the fund and determination of scholarship
awards.
SECTION 704. AMENDATORY 74 O.S. 2021, Section 150.19a,
is amended to read as follows:
Section 150.19a. There is hereby created in the State Treasury
a revolving fund for the Oklahoma State Bureau of Investigation to
be designated the "OSBI Revolving Fund". The fund shall be a
continuing fund, not subject to fiscal year limitations, and shall
consist of any monies received from the sale of surplus property,
fees and receipts collected pursuant to the Oklahoma Open Records
Act, fines, forfeitures, fees, charges, receipts, donations, gifts,
bequests, contributions, devises, interagency reimbursements,
federal funds unless otherwise provided by federal law or
regulation, or any other source. All monies accruing to the credit
of said fund are hereby appropriated and may be budgeted and
expended by the Oklahoma State Bureau of Investigation for operating
expenses of the Bureau, for the purpose of implementing the Oklahoma
Reward System pursuant to Section 150.18 of this title, and to
purchase equipment and provide training to law enforcement agencies
located in the state, pursuant to Section 62.9 of this title.
Expenditures from said fund shall be made upon warrants issued by
the State Treasurer against claims filed as prescribed by law with
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the Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment.
SECTION 705. AMENDATORY Section 1, Chapter 38, 1st
Extraordinary Session, O.S.L. 2023 (74 O.S. Supp. 2025, Section
150.19b), is amended to read as follows:
Section 150.19b. There is hereby created in the State Treasury
a revolving fund for the Oklahoma State Bureau of Investigation to
be designated the “Oklahoma State Bureau of Investigation Centennial
Revolving Fund”. The fund shall be a continuing fund, not subject
to fiscal year limitations, and shall consist of all monies received
by the Oklahoma State Bureau of Investigation from gifts, donations,
or any other source. All monies accruing to the credit of the fund
are hereby appropriated and may be budgeted and expended by the
Oklahoma State Bureau of Investigation for the purpose of
celebrating the centennial of the Oklahoma State Bureau of
Investigation. Expenditures from the fund shall be made upon
warrants issued by the State Treasurer against claims filed as
prescribed by law with the Director Chief Operating Officer of the
Office of Management and Enterprise Services for approval and
payment.
SECTION 706. AMENDATORY 74 O.S. 2021, Section 150.25, is
amended to read as follows:
Section 150.25. There is hereby created in the State Treasury a
revolving fund for the Oklahoma State Bureau of Investigation, to be
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designated the "A.F.I.S. Fund". The fund shall be a continuing
fund, not subject to fiscal year limitations, and shall consist of
all monies received by the Oklahoma State Bureau of Investigation,
from appropriations, federal grants and assessments levied to said
fund pursuant to law. All monies accruing to the credit of said
fund are hereby appropriated and shall be budgeted and expended by
the Oklahoma State Bureau of Investigation for the purpose of
maintaining and operating the Automated Fingerprint Identification
System (A.F.I.S.) until the indebtedness for the purchase of the
automated fingerprint identification system equipment has been
satisfied and to purchase equipment and provide training to law
enforcement agencies located in the state, pursuant to Section 62.9
of this title. After the indebtedness has been satisfied, any
monies not necessary for the maintenance, operating and upgrading
expenses of the A.F.I.S. may be used for purchase, renovation or
leasing of buildings, upgrading of laboratory equipment, and other
capital expenditures of the Oklahoma State Bureau of Investigation
and to purchase equipment and provide training to law enforcement
agencies located in the state, pursuant to Section 62.9 of this
title. Expenditures from said fund shall be made upon warrants
issued by the State Treasurer against claims filed as prescribed by
law with the Director Chief Operating Officer of the Office of
Management and Enterprise Services for approval and payment.
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SECTION 707. AMENDATORY 74 O.S. 2021, Section 150.32, is
amended to read as follows:
Section 150.32. A. There is hereby established the "Firearms
Laboratory Improvement Fund". The fund shall be a continuing fund
for the Oklahoma State Bureau of Investigation. The fund shall not
be subject to fiscal year limitations and shall consist of monies
received from all state agencies which seize assets pursuant to the
Uniform Controlled Dangerous Substances Act during the fiscal year
ending June 30, 1994. Each agency's contribution shall be
determined on a pro rata basis based on the percentage of
forfeitures collected by the agency during the fiscal year ending
June 30, 1993, in relation to the total monetary value of all
forfeitures collected by all agencies contributing to the fund. The
amount each agency is to contribute shall be determined by the
Director Chief Operating Officer of the Office of Management and
Enterprise Services and the Cabinet Secretary for Safety and
Security. Funds shall be transferred pursuant to a time schedule
established by the Director Chief Operating Officer of the Office of
Management and Enterprise Services and the Cabinet Secretary for
Safety and Security, but all such funds shall be transferred as
available. The total amount of money to be paid into the fund shall
not exceed One Hundred Forty-five Thousand Dollars ($145,000.00).
Funds collected in the Drugfire Project Fund during the 1994 fiscal
year shall be carried over into the Firearms Laboratory Improvement
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Fund. Expenditures from the fund shall be made upon warrants issued
by the State Treasurer against claims filed as prescribed by law
with the Director Chief Operating Officer of the Office of
Management and Enterprise Services for approval and payment.
B. The Firearms Laboratory Improvement Fund shall be used to
upgrade the firearms laboratory services of the Oklahoma State
Bureau of Investigation criminalistics laboratory. Expenditures
from the fund shall be used only for training of personnel, matching
funds for federal grants to obtain laboratory instrumentation, the
purchase of laboratory instrumentation and equipment, and to upgrade
existing laboratory instrumentation and equipment. If the Firearms
Laboratory Improvement Fund is not expended by June 30, 1996, funds
contributed by agencies shall be repaid to the agencies.
SECTION 708. AMENDATORY 74 O.S. 2021, Section 150.35, is
amended to read as follows:
Section 150.35. There is hereby created in the State Treasury a
revolving fund for the Oklahoma State Bureau of Investigation to be
designated the "Forensic Science Improvement Revolving Fund". The
fund shall be a continuing fund, not subject to fiscal year
limitations, and shall consist of all appropriated funds, any funds
from state, federal or other grants, the funds collected from
assessments provided by Section 1313.4 of Title 20 of the Oklahoma
Statutes, any monies transferred from the OSBI Revolving Fund; and
any other monies designated to or deposited to the benefit of this
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fund. All monies accruing to the credit of this fund are hereby
appropriated and may be budgeted and expended by the Oklahoma State
Bureau of Investigation for the purpose of improvement of the
forensic science services of the Oklahoma State Bureau of
Investigation including, but not limited to:
1. Purchase, construction, renovation, financing or leasing of
facilities and equipment;
2. Purchase, rental, upgrades, repair, and maintenance of
instrumentation and equipment;
3. Salaries, benefits, training, equipment, supplies, and
overhead expenses for agency personnel;
4. Education, training and development of OSBI personnel;
5. Destruction of seized property and chemicals;
6. Accreditation and quality assurance expenses;
7. Professional services contracts;
8. Purchase equipment and provide training to law enforcement
agencies located in this state, pursuant to Section 62.9 of this
title; and
9. Enhancement or implementation of forensic technologies.
Expenditures from the fund shall be made upon warrants issued by the
State Treasurer against claims filed as prescribed by law with the
Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment.
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SECTION 709. AMENDATORY 74 O.S. 2021, Section 152.5, is
amended to read as follows:
Section 152.5. A. All monies received from fines and
forfeitures for violations of the provisions of this act on behalf
of the Bureau, when collected by the court clerk, shall be deposited
by such clerk as follows:
1. Fifty percent (50%) thereof with the county treasurer to be
credited to the general fund of the county and so reported; and
2. Fifty percent (50%) shall be transmitted to the Oil and Gas
Theft Recovery Fund by cash voucher and so reported.
B. All transmittals of monies under this section shall be
accompanied by a report showing the name of the court, the number of
the case, the style of the case and the amount of fine and
forfeiture in each separate instance.
C. There is hereby created in the State Treasury a revolving
fund for the Bureau, to be designated the "Oil and Gas Theft
Recovery Revolving Fund". The fund shall be a continuing fund, not
subject to fiscal year limitations, and shall consist of all monies
received by the Bureau, from fines and forfeitures received pursuant
to this act. All monies accruing to the credit of said fund are
hereby appropriated and may be budgeted and expended by the Bureau
for the purpose of effectuating the provisions of this act.
Expenditures from said fund shall be made upon warrants issued by
the State Treasurer against claims filed as prescribed by law with
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the Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment.
SECTION 710. AMENDATORY 74 O.S. 2021, Section 166.7, is
amended to read as follows:
Section 166.7. A. There is hereby created in the State
Treasury a revolving fund for the Commission on Rehabilitation
Services, to be designated the "Rehabilitation Services Disbursing
Fund" provided that the fund may be designated by fiscal year
designations as the Commission may determine. The fund shall be a
continuing fund, not subject to fiscal year limitations. The fund
shall consist of receipts from the federal government, monies
appropriated to the State Department of Rehabilitation Services by
the State Legislature, and other receipts of the State Department of
Rehabilitation Services as shall be directed by the Commission for
Rehabilitation Services. All monies accruing to the credit of the
fund are hereby appropriated and may be budgeted and expended by the
Commission for Rehabilitation Services as may be necessary in order
to carry out the duties imposed upon the Commission by law.
Expenditures from the Rehabilitation Services Disbursing Fund shall
be made upon warrants issued by the State Treasurer against claims
filed as prescribed by law with the Director Chief Operating Officer
of the Office of Management and Enterprise Services for approval and
payment.
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B. Appropriations, federal monies or any other monies collected
by or for the Department and monies from the current and prior
fiscal years may be transferred to and between the agency disbursing
funds for the current or prior fiscal years, the Medical and
Assistance Funds and any other funds authorized for the use by the
Department as necessary to carry out the duties of the Commission.
All transfer requests shall be in writing to the Office of
Management and Enterprise Services. Such monies transferred shall
be included in the Department's budget work program. The Department
shall maintain records of the transfers.
C. Receipt and expenditure of unanticipated federal funds
awarded to the Department after the commencement of the fiscal year
shall be exempt from expenditure limitations, provided that any such
funds are included in the Department's budget work program.
D. The Director of the Department may request through the
Director Chief Operating Officer of the Office of Management and
Enterprise Services the early transfer by the Oklahoma Tax
Commission of tax collection to the General Revenue Fund for the
purpose of early allocation to the Department's disbursing funds to
alleviate cash-flow problems.
E. The Department of Rehabilitation Services may direct all or
a portion of federal and state funds received and appropriated for
services to Older Individuals who are Blind (OIB) to qualified
community-based, nonprofit organizations accredited by the National
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Accreditation Council for Blind and Low Vision Services to
administer, pursuant to contract, services for older individuals
with vision impairments including, but not limited to, assisting in
correcting or modifying visual disabilities including optical vision
aids, in-home training, orientation and mobility, Braille
instruction, adaptive skills training, information and referral,
peer counseling and other appropriate services designed to assist an
older individual who is blind with daily living activities.
F. Funds received by the Commission for OIB Rehabilitation
Services from the federal Rehabilitation Services Administration and
state matching funds may, in their entirety, be used to fund the
Independent Living Older Blind program as established in The
Rehabilitation Act of 1973, as amended.
G. Services provided by qualified Older Independent Blind
contractors may be dependent upon budget parameters and staffing.
SECTION 711. AMENDATORY 74 O.S. 2021, Section 166.9, is
amended to read as follows:
Section 166.9. A. Each state individual income tax return form
and each corporate income tax return form for tax years commencing
after December 31, 2001, shall contain a designation for donations
of tax refunds to the Oklahoma School for the Blind/Oklahoma School
for the Deaf.
B. The monies generated pursuant to subsection A of this
section shall be paid to the State Treasurer by the Oklahoma Tax
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Commission and placed to the credit of the Oklahoma School for the
Deaf/Oklahoma School for the Blind Revolving Fund.
C. There is hereby created in the State Treasury a revolving
fund for the State Department of Rehabilitation Services to be
designated the "Oklahoma School for the Deaf/Oklahoma School for the
Blind Revolving Fund". The fund shall be a continuing fund, not
subject to fiscal year limitations, and shall consist of all monies
apportioned to the fund pursuant to the provisions of this section.
All monies accruing to the credit of the fund are hereby
appropriated and may be budgeted and expended by the State
Department of Rehabilitation Services for the purpose of funding
programs at the Oklahoma School for the Deaf and the Oklahoma School
for the Blind. Such monies shall be equally divided between the two
designated schools. Expenditures from the fund shall be made upon
warrants issued by the State Treasurer against claims filed as
prescribed by law with the Director Chief Operating Officer of the
Office of Management and Enterprise Services for approval and
payment.
D. If a taxpayer makes a donation pursuant to subsection A of
this section in error, such taxpayer may file a claim for refund at
any time within three (3) years from the due date of the tax return
pursuant to Section 2373 of Title 68 of the Oklahoma Statutes.
Prior to the apportionment set forth in this section, an amount
equal to the total amount of refunds made pursuant to this
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subsection during any one (1) year shall be deducted from the total
donations received pursuant to this section during the following
year and such amount deducted shall be paid to the State Treasurer
and placed to the credit of the Income Tax Withholding Refund
Account.
SECTION 712. AMENDATORY 74 O.S. 2021, Section 212A, is
amended to read as follows:
Section 212A. A. 1. Except as otherwise provided by law, all
government entities, as defined by the Governmental Accounting
Standards Board, shall have an audit conducted in accordance with
auditing standards generally accepted in the United States of
America and Government Auditing Standards. Copies of any audit,
performance audit, agreed-upon-procedures report, or other
attestation engagement report produced by a person other than the
State Auditor shall be filed with the State Auditor and Inspector by
that person. The expense of the audit shall be paid by the
government entity. For fiscal years ending after December 31, 1995,
all government entities receiving public funds that are included in
the reporting entity of the State of Oklahoma shall file a copy of
the audit required by this paragraph with the Director Chief
Operating Officer of the Office of Management and Enterprise
Services no later than four (4) months after the end of the fiscal
year of the government entity. For purposes of this paragraph, the
reporting entity of the State of Oklahoma includes all government
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entities included in the State of Oklahoma Comprehensive Annual
Financial Report. The government entities included in the State of
Oklahoma reporting entity shall be determined by the Director Chief
Operating Officer of the Office of Management and Enterprise
Services using criteria set by the Governmental Accounting Standards
Board.
2. Any public accountant or certified public accountant filing
an audit, performance audit, agreed-upon-procedures report or other
attestation engagement report with the State Auditor and Inspector
pursuant to this section shall be required to pay a filing fee of
One Hundred Dollars ($100.00) for the purposes of processing such
reports and ensuring compliance with the provisions of this section.
Such payments shall be deposited in the State Auditor and Inspector
Revolving Fund, created pursuant to Section 227.9 of this title.
B. All registrants, as defined in the Oklahoma Accountancy Act,
before entering into audit contracts required under this section,
shall satisfy the Oklahoma Accountancy Board and the State Auditor
and Inspector that such registrant meets Government Auditing
Standards and has a current permit to practice issued by the
Oklahoma Accountancy Board.
The State Auditor and Inspector shall receive annual reports
from the Oklahoma Accountancy Board of all registrants meeting the
requirements of this subsection. The Oklahoma Accountancy Board
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shall provide changes and updates to the annual report to the State
Auditor and Inspector upon request.
C. Schedules of federal awards expended will be in a form
consistent with the guidance in the most recent audit guide for
state and local governments prepared by "The American Institute of
Certified Public Accountants". State agencies or other pass-through
grantors of federal awards expended will not place reporting
requirements on a grantee or subrecipients in addition to the
required federal compliance reports and schedules of federal awards
expended, without approval of the State Auditor and Inspector.
D. All governmental entities shall report grant funds received,
administered or used by the entity and all grant funds under the
direct or indirect control of the governmental entity or any of its
employees in their employment capacity. A copy of the report shall
be filed with the State Auditor and Inspector and the Director Chief
Operating Officer of the Office of Management and Enterprise
Services within four (4) months after the end of the fiscal year of
the governmental entity. The State Auditor and Inspector may audit
any funds reported. The cost of the audit shall be paid by the
governmental entity unless the grant provides for the cost of audits
from grant funds.
SECTION 713. AMENDATORY 74 O.S. 2021, Section 227.9, is
amended to read as follows:
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Section 227.9. There is hereby created in the State Treasury a
revolving fund for the Office of the State Auditor and Inspector to
be designated the "State Auditor and Inspector Revolving Fund". The
fund shall be a continuing fund, not subject to fiscal year
limitations, and shall consist of all money paid to and received by
the State Auditor and Inspector from state agencies, boards and
commissions authorized by statute to pay the expense of audits and
consulting services, money received for performance of audits and
consulting services pursuant to contract entered into under the
authority of Section 227.8 of this title, funds received from state
agencies, boards and commissions receiving federal grants of funds
which require periodic audits under said grants or any federal
regulations, all money received from counties, cities, towns and
public trusts in payment of audit expense, funds appropriated to
state agencies, boards and commissions for payment of audit expense,
and fees collected pursuant to Section 212A of this title. All
monies accruing to the credit of said fund are hereby appropriated
and may be budgeted and expended by the Office of the State Auditor
and Inspector for expenses necessary for the performance of duties
imposed upon the Office of the State Auditor and Inspector by law.
Expenditures from said fund shall be made upon warrants issued by
the State Treasurer against claims filed as prescribed by law with
the Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment. The State Auditor and
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Inspector shall at the close of each fiscal year pay into the
General Revenue Fund of the state any unencumbered balance remaining
in said revolving fund in excess of Eight Hundred Fifty Thousand
Dollars ($850,000.00).
SECTION 714. AMENDATORY 74 O.S. 2021, Section 291.2, is
amended to read as follows:
Section 291.2. The Board on Legislative Compensation created by
Section 21 of Article V of the Oklahoma Constitution shall meet on
the third Tuesday of October in every odd-numbered year at nine
o'clock a.m. in the State Capitol Building, at which meeting the
Board shall review the compensation paid to members of the State
Legislature and, if necessary, change the compensation. The Board
may, at the call of its chairman or upon a majority vote of its
membership, hold such additional meetings as are necessary to carry
out its official duties. Any change in legislative compensation
shall be made by the Board no later than the third Tuesday of
November in said odd-numbered year. Five members of the Board shall
constitute a quorum and a majority vote of such quorum shall be
necessary for the Board to act. The appointed members of said Board
shall serve terms which run concurrently with the terms of the
respective appointing authorities and shall serve at their pleasure.
The Director Chief Operating Officer of the Office of Management and
Enterprise Services shall serve as Secretary to the Board. The
Board shall elect such other officers as they deem needed from their
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membership. No member of the Board shall be a lobbyist as required
to be registered pursuant to the Oklahoma Campaign Compliance and
Ethical Standards Act.
SECTION 715. AMENDATORY 74 O.S. 2021, Section 292.12, is
amended to read as follows:
Section 292.12. A. The Director Chief Operating Officer of the
Office of Management and Enterprise Services is hereby directed to
implement a direct deposit system for employees who are subject to
the provisions of the Oklahoma State Employees' Direct Deposit Act.
There shall be no service charge of any type paid by the state
employee at any time which shall decrease the net amount of the
employee's salary deposited to the financial institution of the
personal choice of the employee as a result of the implementation
and administration of the Oklahoma State Employees' Direct Deposit
Act.
1. Employees hired after December 31, 2004, shall participate
in the direct deposit system. At the time the employee enters on
duty, the employee shall identify a financial institution that will
serve as a personal depository agent for the employee.
2. Employees hired before December 31, 2004, shall participate
in the direct deposit system. No later than June 30, 2007, each
employee hired before December 31, 2004, who is not a participant in
the direct deposit system, shall identify a financial institution
that will serve as a personal depository agent for the employee.
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B. The Director Chief Operating Officer of the Office of
Management and Enterprise Services shall promulgate rules as
necessary for implementation and administration of the system, which
shall include limited exceptions to required participation by
employees.
C. All employers shall begin offering direct deposit to any
eligible employee not later than January 1, 1992.
SECTION 716. AMENDATORY 74 O.S. 2021, Section 324.20b,
as amended by Section 4, Chapter 311, O.S.L. 2022 (74 O.S. Supp.
2025, Section 324.20b), is amended to read as follows:
Section 324.20b. There is hereby created in the State Treasury
a revolving fund for the State Fire Marshal to be designated the
"State Fire Marshal Revolving Fund". The fund shall be a continuing
fund, not subject to fiscal year limitations, and shall consist of
monies received from the sale of surplus property, fees and receipts
collected pursuant to the Oklahoma Open Records Act, fines,
forfeitures, fees, charges, receipts, donations, gifts, bequests,
contributions, devises, interagency reimbursements, federal funds
unless otherwise provided by federal law or regulation, or any other
source. All monies accruing to the credit of the fund are hereby
appropriated and may be budgeted and expended by the State Fire
Marshal for authorized purposes. Expenditures from the fund shall
be made upon warrants issued by the State Treasurer against claims
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filed as prescribed by law with the Director Chief Operating Officer
of the Office of Management and Enterprise Services for approval and
payment.
SECTION 717. AMENDATORY 74 O.S. 2021, Section 325.4, is
amended to read as follows:
Section 325.4. There is hereby created in the State Treasury a
revolving fund for the Office of the State Fire Marshal to be
designated the "Firefighter Training Revolving Fund". The fund
shall be a continuing fund, not subject to fiscal year limitations,
and shall consist of monies received by the Office of the State Fire
Marshal from the General Revenue Fund or any source pursuant to the
provisions of any law or agreement. All monies accruing to the
credit of the fund are hereby appropriated and may be budgeted and
expended by the Office of the State Fire Marshal for payment of the
firefighter training programs through Oklahoma State University Fire
Service Training. Expenditures from the fund shall be made upon
warrants issued by the State Treasurer against claims filed as
prescribed by law with the Director Chief Operating Officer of the
Office of Management and Enterprise Services for approval and
payment.
SECTION 718. AMENDATORY 74 O.S. 2021, Section 500.2, as
amended by Section 1, Chapter 63, O.S.L. 2022 (74 O.S. Supp. 2025,
Section 500.2), is amended to read as follows:
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Section 500.2. A. Officials and employees of the state,
traveling on authorized state business, may be reimbursed for
expenses incurred in such travel in accordance with the provisions
of the State Travel Reimbursement Act and existing statutes relating
to state travel. Persons who are not state employees, but who are
performing substantial and necessary services to the state which
have been directed or approved by the appropriate department
official, shall enjoy the protection of the sovereign immunity of
the state to the same extent as a paid employee. Such persons may
be reimbursed for expenses incurred during authorized official
travel under these same statutory provisions; provided, it is
indicated on the claim the person is not a state employee, a
description of services performed is entered, and the agency head by
approval of the claim certifies such services were substantial and
necessary, and germane to the duties and functions of the
reimbursing agency. Travel expenses incurred by a person during the
course of seeking employment with a state agency, unless such travel
is performed at the request of the employing agency, shall not be
considered expenses incurred in performing substantial and necessary
services to the state and shall not be reimbursed under the
provisions of the State Travel Reimbursement Act.
B. The chief administrative officer of the Department of Public
Safety, the Oklahoma State Bureau of Investigation, the Oklahoma
State Bureau of Narcotics and Dangerous Drugs Control, the Military
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Department of the State of Oklahoma, the Department of Corrections,
the Office of Management and Enterprise Services, the Alcoholic
Beverage Laws Enforcement Commission, the Oklahoma Department of
Agriculture, Food, and Forestry, the Oklahoma Department of
Emergency Management, the State Fire Marshal, and the State
Department of Health may arrange for and charge meals and lodging
for a contingent of state personnel moved into an area for the
purpose of preserving the public health, safety, or welfare or for
the protection of life or property. The cost for meals or lodging
so charged shall not exceed the amount authorized in the State
Travel Reimbursement Act. The chief administrative officer of each
agency involved in such an operation shall require the vendor
furnishing meals, lodging, or both meals and lodging to submit an
itemized statement for payment. When a claim for lodging is made
for a contingent of state personnel, individual members of the
contingent may not submit a claim for lodging. When a claim for
meals is made for a contingent of state personnel, individual
members of the contingent may not submit a claim for meals.
C. The Oklahoma Department of Commerce, the Oklahoma Center for
the Advancement of Science and Technology, and the Oklahoma
Department of Agriculture, Food, and Forestry are hereby authorized
to enter into contracts and agreements for the payment of food,
lodging, meeting facility and beverage expenses as may be necessary
for sponsoring seminars and receptions relating to economic
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development and science and technology issues. Such expenses may be
paid directly to the contracting agency or business establishment.
The Director of the Oklahoma Department of Commerce, the President
of the Oklahoma Center for the Advancement of Science and
Technology, and the Commissioner of Agriculture shall each provide a
quarterly report of such expenditures to the Governor, the Speaker
of the House of Representatives and the President Pro Tempore of the
Senate.
D. The Native American Cultural and Educational Authority is
hereby authorized to enter into contracts and agreements for the
payment of food, lodging, and meeting facility as may be necessary
to pursue the promotion of fundraising, marketing, and development
of Native American educational programs and cultural projects, or to
sponsor luncheons, seminars, and receptions relating to Native
American educational, cultural, museum, and economic development
issues. Such expenses may be paid directly to the contracting
agency or business establishment. The Executive Director of the
Native American Cultural and Educational Authority shall provide a
monthly report of expenditures to the Native American Cultural and
Educational Authority Board.
E. For purposes of this section:
1. "State agency" means any constitutionally or statutorily
created state board, commission, or department, including the
Legislature and the Courts;
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2. State agencies are authorized to enter into contracts and
agreements for the payment of food and lodging expenses as may be
necessary for employees or other persons who are performing
substantial and necessary services to the state by attending
official conferences, meetings, seminars, workshops, or training
sessions or in the performance of their duties. Such expenses may
be paid directly to the contracting agency or business
establishment; provided the meeting qualifies for overnight travel
for the employees and the cost for food and lodging for each
employee shall not exceed the total daily rate as provided in the
State Travel Reimbursement Act;
3. State agencies are authorized to enter into contracts and
agreements for the payment of conference registration expenses as
may be necessary for employees or other persons who are performing
substantial and necessary services to the state by attending
official conferences, meetings, seminars, workshops, or training
sessions. Such expenses may be paid directly to the contracting
agency or business establishment; and
4. State agencies are authorized to enter into contracts and
agreements for the payment of food and lodging expenses as may be
necessary for employees attending an official course of instruction
or training conducted or sponsored by any state agency. Expenses
may be paid directly to the contracting agency or business
establishment. The cost for food and lodging for each employee
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shall not exceed the total daily rate as provided in the State
Travel Reimbursement Act.
F. State agencies are authorized to make direct purchases of
commercial airline tickets for use by employees in approved out-of-
state travel. Each claim or invoice submitted to the Director Chief
Operating Officer of the Office of Management and Enterprise
Services for the payment of the purchase shall bear the airline
identifying ticket number, the name of the airline, total cost of
each ticket purchased, class of accommodation and name of the
employee for whom the ticket was purchased and shall be filed on
claim forms as prescribed by the Director Chief Operating Officer of
the Office of Management and Enterprise Services. The employee
shall sign an affidavit stating that the employee used a direct
purchase commercial airline ticket received for his or her approved
out-of-state travel, or in lieu of the affidavit, the employee may
file a travel claim in connection with said airline flight.
G. 1. The Director Chief Operating Officer of the Office of
Management and Enterprise Services is hereby authorized to enter
into contracts and agreements for the payment of food, lodging, and
other authorized expenses as may be necessary to host, conduct,
sponsor, or participate in conferences, meetings, or training
sessions. The Director Chief Operating Officer may establish
accounts as necessary for the collection and distribution of funds,
including funds of sponsors and registration fees, related to such
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conferences, meetings, and training sessions. Expenses incurred may
be paid directly to the contracting agency or business
establishment.
2. The cost of food for persons attending any conferences,
meetings, and training sessions that do not require overnight travel
shall not exceed the total daily rate as provided in the State
Travel Reimbursement Act.
H. 1. The Commissioner of the Department of Mental Health and
Substance Abuse Services is hereby authorized to enter into
contracts and agreements for the payment of food, lodging, and other
authorized expenses as may be necessary to host, conduct, sponsor,
or participate in conferences, meetings, or training sessions. The
Commissioner may establish accounts as necessary for the collection
and distribution of funds, including funds of sponsors and
registration fees, related to such conferences, meetings, and
training sessions. Any expenses incurred may be paid directly to
the contracting agency or business establishment.
2. The cost of food for persons attending any conferences,
meetings, and training sessions that do not require overnight travel
shall not exceed the total daily rate as provided in the State
Travel Reimbursement Act.
I. The Oklahoma Indigent Defense System is hereby authorized to
enter into contracts and agreements for the payment of lodging as
necessary for employees to carry out their duties in representing
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any client whom the System has been properly appointed to represent.
Such expenses may be paid directly to the contracting agency or
business establishment. The cost for lodging for each employee
shall not exceed the daily rate as provided in the State Travel
Reimbursement Act.
J. The Oklahoma Tourism and Recreation Department is hereby
authorized to enter into contracts and agreements for the payment of
food, lodging, and meeting facility and beverage expenses as may be
necessary for seminars and receptions relating to familiarization
tours and tourism development. The expenses may be paid directly to
the contracting agency or business establishment. The Executive
Director of the Oklahoma Tourism and Recreation Department shall
provide a monthly report of any such expenditures to the Oklahoma
Tourism and Recreation Commission.
K. The Oklahoma Tourism and Recreation Department is hereby
authorized to enter into contracts and agreements for the payment of
exhibitor fees and display space charges at expositions to promote
the Department's recreational facilities and the tourism and
recreation industry. The expenses may be paid directly to the
contracting agency or business establishment; provided that no
payment shall be made prior to the event unless it conveys a
property right to the state for future availability and use.
L. 1. The Oklahoma Highway Safety Office of the Department of
Public Safety is hereby authorized to enter into contracts and
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agreements for the payment of food, lodging, and other authorized
expenses as may be necessary to host, conduct, sponsor, or
participate in highway-safety-related conferences, workshops,
seminars, meetings, or training sessions. The payments shall be for
all persons in attendance, including, but not limited to, employees
of political subdivisions or employees of the state or federal
government. For purposes specified in this paragraph, only federal
highway safety funds may be used in accordance with federal
guidelines and regulations, and no appropriated state funds shall be
used.
2. The cost of food for persons attending any highway safety
conferences, workshops, seminars, meetings, and training sessions
that do not require overnight travel shall not exceed the total
daily rate as provided in the State Travel Reimbursement Act.
M. 1. The Director of the Oklahoma State Bureau of
Investigation is hereby authorized to enter into contracts and
agreements for the payment of food, lodging and other authorized
expenses as may be necessary to host, conduct, sponsor or
participate in any conference, meeting, training session or
initiative to promote the mission and purposes of the Bureau. The
payments may be for all persons in attendance, including, but not
limited to, employees of political subdivisions or employees of the
state or federal government.
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2. The cost of food for persons that do not require overnight
travel shall not exceed the total daily rate as provided in the
State Travel Reimbursement Act.
N. The Oklahoma Homeland Security Director is hereby authorized
to enter into contracts and agreements for the payment of food,
lodging and other authorized expenses as may be necessary to host,
conduct, sponsor, or participate in homeland-security-related
conferences, meetings, workshops, seminars, exercises or training
sessions. The expenses may be paid directly to the contracting
agency or business establishment.
O. The State Department of Education is hereby authorized to
enter into contracts and agreements for the payment of food, lodging
and other authorized expenses as may be necessary to host, conduct,
sponsor or participate in conferences, meetings or training
sessions. The State Department of Education may establish accounts
as necessary for the collection and distribution of funds, including
funds of sponsors and registration fees, related to such
conferences, meetings and training sessions. Any expenses incurred
may be paid directly to the contracting agency or business
establishment.
P. 1. The Insurance Commissioner of the Insurance Department
of the State of Oklahoma is hereby authorized to enter into
contracts and agreements for the payment of food, lodging, and other
authorized expenses as may be necessary to host, conduct, sponsor,
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or participate in conferences, meetings, or training sessions. The
Commissioner may establish accounts as necessary for the collection
and distribution of funds, including funds of sponsors and
registration fees, related to such conferences, meetings, and
training sessions. Any expenses incurred may be paid directly to
the contracting agency or business establishment.
2. The cost of food for persons attending any conferences,
meetings, and training sessions that do not require overnight travel
shall not exceed the total daily rate as provided in the State
Travel Reimbursement Act.
Q. 1. The State Regents for Higher Education is hereby
authorized to enter into contracts and agreements for the payment of
food, lodging, and other authorized expenses as may be necessary to
host, conduct, sponsor, or participate in conferences, meetings, or
training sessions. The State Regents for Higher Education may
establish accounts as necessary for the collection and distribution
of funds, including funds of sponsors and registration fees, related
to such conferences, meetings, and training sessions. Any expenses
incurred may be paid directly to the contracting agency or business
establishment.
2. The cost of food for persons attending any conferences,
meetings, and training sessions that do not require overnight travel
shall not exceed the total daily rate as provided in the State
Travel Reimbursement Act.
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R. 1. The Office of Educational Quality and Accountability is
hereby authorized to enter into contracts and agreements for the
payment of food, lodging, and other authorized expenses as may be
necessary to host, conduct, sponsor, or participate in conferences,
meetings, or training sessions. The Office of Educational Quality
and Accountability may establish accounts as necessary for the
collection and distribution of funds, including funds of sponsors
and registration fees, related to such conferences, meetings, and
training sessions. Any expenses incurred may be paid directly to
the contracting agency or business establishment.
2. The cost of food for persons attending any conferences,
meetings, and training sessions that do not require overnight travel
shall not exceed the total daily rate as provided in the State
Travel Reimbursement Act.
S. 1. The Department of Securities is hereby authorized to
enter into contracts and agreements for the payment of food,
lodging, meeting facility, facilitator fees and travel expenses,
exhibitor fees and other authorized expenses as may be necessary to
host, conduct, sponsor or participate in conferences, meetings,
training sessions or initiatives promoting or otherwise relating to
investor education. The Department of Securities may establish
accounts as necessary for the collection and distribution of funds,
including funds of sponsors and registration fees, related to such
conferences, meetings, training sessions or initiatives. The
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payments may be for all persons in attendance, including, but not
limited to, employees of the state or federal government or
employees of political subdivisions of the state, including
employees of boards of public education. Expenses incurred may be
paid directly to the contracting agency or business establishment.
2. The cost of food for persons attending any conferences,
meetings and training sessions that do not require overnight travel
shall not exceed the total daily rate as provided in the State
Travel Reimbursement Act.
3. The Department of Securities is hereby authorized to pay
stipends to teachers participating in the investor education program
and monetary achievement awards to select participating students.
No appropriated state funds shall be used.
T. 1. The Oklahoma Department of Veterans Affairs is hereby
authorized to enter into contracts and agreements for the payment of
food, lodging, meeting facility, beverage and other authorized
expenses as may be necessary to host, conduct, sponsor or
participate in seminars, receptions, conferences, meetings or
training sessions related to the support of veterans and the
development of veterans' services. Expenses incurred may be paid
directly to the contracting agency or business establishment. The
Executive Director of the Oklahoma Department of Veterans Affairs
shall provide a monthly report of any such expenditures to the
Oklahoma Veterans Commission.
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2. The cost of food for persons attending any conferences,
meetings and training sessions that do not require overnight travel
shall not exceed the total daily rate as provided in the State
Travel Reimbursement Act.
U. Whenever possible it shall be the policy of each state
agency to prepay airline fares and lodging expenses using a purchase
card issued to the agency. This policy shall apply to instances
where employees of the agency are traveling on behalf of state
government.
SECTION 719. AMENDATORY 74 O.S. 2021, Section 500.9, as
amended by Section 5, Chapter 63, O.S.L. 2022 (74 O.S. Supp. 2025,
Section 500.9), is amended to read as follows:
Section 500.9. A. Reimbursement for overnight lodging, while
in official travel status, may be made at an amount authorized by
the provisions of the federal Government Services Administration
(GSA) in its Federal Travel Regulation (FTR) 42 C.F.R. Section 300-
1.1 et seq. and as updated in its FTR Bulletins for travel while
away from home without additional documentation or the actual cost,
if lower, per night except as provided in subsections B, C, E, and G
of this section and Section 500.9A of this title. Receipts issued
by the hotel, motel or other public lodging place shall accompany
claims for reimbursement.
B. State officers or employees attending meetings, workshops,
conferences or other objectives of trips which are conducted at a
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designated hotel, motel or other public lodging place or where
lodging has been arranged for by the blocking of rooms or by rate
reductions for the participants by the sponsor as evidenced by the
announcement or notice of the meeting, workshop, conference or other
objective shall be reimbursed the actual lodging expense not to
exceed the single occupancy room rate charged by the designated
hotel, motel or other public lodging place; provided, that the
officials or employees are in official travel status approved by the
agency head or designee. Provided further, those state officers or
employees attending meetings, workshops, conferences or other
objectives of trips, which are conducted at a designated hotel,
motel or other public lodging place as provided by this subsection,
who choose to acquire less expensive lodging at another hotel, motel
or other public lodging place shall be reimbursed the actual lodging
expense not to exceed the single occupancy room rate charged by the
designated hotel, motel or other public lodging place. Provided
further, those state officers or employees so choosing this option
shall be reimbursed for local transportation costs incurred
traveling between such optional lodging and the designated hotel,
motel or other public lodging place not to exceed the difference
between the cost of the designated lodging and the cost of the
optional lodging. Receipts issued by the hotel, motel or other
public lodging place shall accompany claims for reimbursement.
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C. State officers and employees who have been required to
attend hearings or meetings of any congressional committee or
subcommittee or any federal agency, board or commission shall be
reimbursed for their actual and necessary travel and lodging
expenses; however, the agency head must approve any claims in
connection with such expenses.
D. Reimbursement for meals and lodging on out-of-state trips
shall not begin more than one (1) calendar day before the meeting,
workshop, conference or other objective of trip begins and shall not
continue more than one (1) calendar day after said meeting,
workshop, conference or other objective of trip ends. This twenty-
four-hour limit shall also apply for in-state travel when the agency
determines that travel is of a duration where overnight travel prior
to or after the trip objective would be necessary.
E. Reimbursement for meals and lodging incurred in official
travel in areas outside of the United States to implement the
objectives of contracts, grants, agreements or gifts for which funds
from these sources are furnished shall be reimbursed from said funds
at actual cost not to exceed the amount authorized for United States
Government employees in its periodical publication entitled
"Standard Regulations (Government Civilians, Foreign Areas),
Department of State, Washington, DC". Provided, however,
reimbursement for travel to points outside of the United States,
whether performed under authority of contract, grant, agreement or
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otherwise, shall not begin more than two (2) calendar days before or
end more than two (2) calendar days after the objective of the trip.
F. Claims submitted to the Director Chief Operating Officer of
the Office of Management and Enterprise Services for payment under
the provisions of this section shall be certified to by the
principal fiscal officer or contract and grant administrator of each
agency. Such officer shall certify that such claim complies with
and is authorized under this section.
G. The Director Chief Operating Officer of the Office of
Management and Enterprise Services may authorize reimbursement for
overnight lodging while in official travel status within the State
of Oklahoma at a rate of up to one hundred fifty percent (150%) of
the amount authorized in subsection A of this section if it is
determined that no lodging was available at the maximum rate set out
in subsection A of this section. Prior to authorizing such payment,
the state officer or employee shall certify the efforts made to
obtain lodging at the rate set out in subsection A of this section
and the reasons why such lodging was not available within a
reasonable distance from the state officer's or employee's work
location.
SECTION 720. AMENDATORY 74 O.S. 2021, Section 500.14, is
amended to read as follows:
Section 500.14. The Director Chief Operating Officer of the
Office of Management and Enterprise Services shall reject any travel
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claim or voucher not in conformity with the provisions of this act
or existing statutes relating to reimbursement for travel expenses.
SECTION 721. AMENDATORY 74 O.S. 2021, Section 500.16, as
amended by Section 8, Chapter 63, O.S.L. 2022 (74 O.S. Supp. 2025,
Section 500.16), is amended to read as follows:
Section 500.16. The method, forms, or systems for submitting a
travel reimbursement claim shall be prescribed by the Director Chief
Operating Officer of the Office of Management and Enterprise
Services.
SECTION 722. AMENDATORY 74 O.S. 2021, Section 500.16A,
is amended to read as follows:
Section 500.16A. A. The Director Chief Operating Officer of
the Office of Management and Enterprise Services shall establish a
procedure to expedite payment for a proper claim of a state employee
for expenses recompensable pursuant to the provisions of the State
Travel Reimbursement Act.
B. The procedure provided for in subsection A of this section
shall:
1. Require payment within forty-five (45) days from the date on
which a proper claim is submitted by the employee to the appropriate
office of the agency for which the expenses were incurred; and
2. Provide for the payment of interest from the thirtieth day
after receipt by the appropriate office of a proper claim for which
payment has not been mailed, transmitted or delivered to the
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employee by the close of business on the forty-fifth day. Interest
shall be at an annualized rate as reported by the State Treasurer to
the Director Chief Operating Officer of the Office of Management and
Enterprise Services based on an average of the interest rate for
thirty-day time deposits of state funds during the last calendar
quarter of the last preceding fiscal year.
C. For purposes of this section, "proper claim" means a claim
for reimbursement of incurred expenses supported by all requisite
documentation and complete in all respects for processing for
payment.
D. Any employee, after the passage of the forty-five day limit
provided for in subsection B of this section, who is aggrieved by
the delay in payment of a proper claim with interest or who failed
to receive interest as provided for in this section may file a
grievance with the Office of the Governor. The grievance shall be
transmitted from the Office of the Governor to the Director Chief
Operating Officer of the Office of Management and Enterprise
Services who, within fifteen (15) days after receipt of the
grievance, shall:
1. Pay the claim with interest as provided for in this section;
or
2. Report to the Governor and the aggrieved employee why such
payment cannot be made.
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SECTION 723. AMENDATORY 74 O.S. 2021, Section 588.1, is
amended to read as follows:
Section 588.1. A. Before any agency contracts to privatize a
function, program, service, unit, or division valued at One Million
Dollars ($1,000,000.00) or more, the agency must perform a cost
analysis and provide a copy of the cost analysis report to the
Office of Management and Enterprise Services.
B. The cost analysis shall include a provision for the
protection and retention of third-party revenues currently being
received for the performance of the function, program, service, unit
or division sought to be privatized. Such protected third-party
revenues shall include, but not be limited to, grants, contracts,
federal matching programs, federal pass-through payments, sponsored
programs and payment incentives currently being received as a result
of the performance of the function, program, service, unit or
division sought to be privatized.
C. The Office of Management and Enterprise Services shall
review the cost analysis report and make a finding as to whether it
fulfills the content requirements of the Oklahoma Privatization of
State Functions Act and the rules of the Office. If the cost
analysis report is found not to meet the requirements of the
Oklahoma Privatization of State Functions Act or the rules of the
Office, the Office shall return the cost analysis report to the
agency with instructions.
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D. The Director Chief Operating Officer of the Office of
Management and Enterprise Services shall promulgate rules necessary
to implement the provisions of the Oklahoma Privatization of State
Functions Act.
SECTION 724. AMENDATORY 74 O.S. 2021, Section 589, is
amended to read as follows:
Section 589. A. Upon a finding by the Office of Management and
Enterprise Services pursuant to Section 588.1 of this title that the
agency has complied with the requirements of the Oklahoma
Privatization of State Functions Act, and before any agency can
contract to privatize a function, program, service, unit or
division, the agency must provide:
1. Notification to employees impacted by the proposed
privatization by the agency of its intent to privatize a function,
program, service, unit, or division of the agency;
2. Notification to affected employees that they will have the
opportunity to submit cost-savings recommendations for improving the
operations, efficiency or organization of the entity being
considered for privatization; and
3. Notification by the agency simultaneously with the notice
required pursuant to paragraph 1 of this subsection, to the Director
Chief Operating Officer of the Office of Management and Enterprise
Services of the intent of the agency to privatize a state function.
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B. Upon a request by the affected employees, the agency shall
provide information about the delivery of services to its employees
as they develop recommendations to be considered. This information
shall include revenue expenditure data, wage and salary data, an
inventory of the supplies, equipment, and facilities associated with
the program being privatized, and the cost analysis performed by the
agency.
C. Any recommendations submitted by agency employees shall be
considered by the agency, separate and apart from the bid process,
with nonemployee bids. The agency shall make the final
determination whether to accept the winning nonemployee bid or
accept the employee recommendations in lieu of the winning bid.
D. After an agency has met the requirements of subsection A of
this section, the agency shall notify the Director Chief Operating
Officer of the Office of Management and Enterprise Services, the
Governor, the President Pro Tempore of the Senate, and the Speaker
of the House of Representatives of the intent of the agency to
solicit bids in accordance with this section.
E. The agency shall provide a comprehensive written analysis of
the contract cost based upon the designated bid, specifically
including the costs of transition from public to private operation,
severance payments to agency employees, and monitoring and otherwise
administering contract performance.
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F. The agency shall require the following information prior to
entering into a contract to privatize a function, program, service,
unit, or division:
1. Financial stability of the vendor, past and present
litigation, and references related to past government contract
performance information; and
2. Detail how the vendor will perform the contract, including
staffing and equipment information.
G. The agency shall establish a plan and cost analysis on how
to return the privatized function, program, service, unit, or
division to the state if there is a contract cancellation.
H. Any contract with a vendor to privatize a function, program,
service, unit, or division shall require that the payment to the
contractor be linked to performance. The contract shall provide
that the amount agreed upon in the contract may be reduced if the
agency experiences a budget shortfall.
I. Each privatization contract shall contain provisions
requiring the contractor to offer available employee positions
pursuant to the contract to qualified regular employees of the
agency whose state employment is terminated because of the
privatization contract and who satisfy the hiring criteria of the
contractor.
SECTION 725. AMENDATORY 74 O.S. 2021, Section 669.1, is
amended to read as follows:
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Section 669.1. There is hereby created in the State Treasury a
revolving fund for the Office of Management and Enterprise Services
designated the "Oklahoma Commission on the Status of Women Revolving
Fund". The fund shall be a continuing fund, not subject to fiscal
year limitations, and shall consist of all gifts and donations
contributed to support the work of the Oklahoma Commission on the
Status of Women. All monies accrued to the credit of the fund are
hereby appropriated and may be budgeted and expended by the Director
Chief Operating Officer of the Office of Management and Enterprise
Services on behalf of the Oklahoma Commission on the Status of Women
for the purposes prescribed by the Legislature in creating the
Commission. Expenditures from the fund shall be made upon warrants
issued by the State Treasurer against claims filed as prescribed by
law with the Director Chief Operating Officer of the Office of
Management and Enterprise Services for approval and payment.
SECTION 726. AMENDATORY 74 O.S. 2021, Section 840-1.3,
as amended by Section 2, Chapter 243, O.S.L. 2022 (74 O.S. Supp.
2025, Section 840-1.3), is amended to read as follows:
Section 840-1.3. As used in this act, unless otherwise provided
in Sections 840-1.1 through 840-6.9 of this title:
1. "Agency" means any office, department, board, commission or
institution of the executive branch of state government;
2. "Employee" or "state employee" means an elected or appointed
officer or employee of an agency unless otherwise indicated;
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3. "Appointing authority" means the chief administrative
officer of an agency;
4. "Job-related organization" means a membership association
which collects annual dues, conducts annual meetings and provides
job-related education for its members and which includes state
employees, including any association for which payroll deductions
for membership dues are authorized pursuant to paragraph 5 of
subsection B of Section 34.70 of Title 62 of the Oklahoma Statutes;
5. "Progressive discipline" means a system designed to ensure
the consistency, impartiality and predictability of discipline and
the flexibility to vary penalties if justified by aggravating or
mitigating conditions;
6. "Supervisor" means an officer or employee who has been
assigned authority and responsibility for evaluating the performance
of subordinates;
7. "Director Chief Operating Officer" means the appointing
authority of the Office of Management and Enterprise Services;
8. "Office" means the Office of Management and Enterprise
Services; and
9. "Veteran" means a person who has been honorably discharged
from the Armed Forces of the United States.
SECTION 727. AMENDATORY 74 O.S. 2021, Section 840-1.6,
as amended by Section 3, Chapter 243, O.S.L. 2022 (74 O.S. Supp.
2025, Section 840-1.6), is amended to read as follows:
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Section 840-1.6. A. The internal administrative organization
of the Office of Management and Enterprise Services shall be
determined by the Director Chief Operating Officer of the Office of
Management and Enterprise Services in such a manner as to promote
the efficient and effective enforcement of this act.
B. The Director Chief Operating Officer of the Office of
Management and Enterprise Services may employ attorneys, accountants
and other personnel as the Director Chief Operating Officer deems
necessary to carry out the duties imposed upon the Office.
SECTION 728. AMENDATORY 74 O.S. 2021, Section 840-1.6A,
as amended by Section 4, Chapter 243, O.S.L. 2022 (74 O.S. Supp.
2025, Section 840-1.6A), is amended to read as follows:
Section 840-1.6A. The Office of Personnel Management Division
of the Office of State Finance was consolidated into and renamed the
Office of Management and Enterprise Services. Where the term
"Office of Personnel Management" is used within the Oklahoma
Statutes, it shall mean the Office of Management and Enterprise
Services. The chief administrative officer shall be the Director
Chief Operating Officer of the Office of Management and Enterprise
Services. In addition to the other duties imposed by law, the
Director Chief Operating Officer shall:
1. Be responsible for the development of an efficient and
effective system of personnel administration that meets the
management needs of the various agencies;
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2. Organize the Office to provide both service and regulatory
functions that are effective and efficient in meeting the management
needs of various state agencies. The Director Chief Operating
Officer is directed to establish an agency service function to
assist agencies with human resource needs based upon the
administrative capacity and resources of the various agencies;
3. Prepare, maintain, and revise a system of employment
designed to ensure the impartial consideration of applicants for
employment and to protect state employees from arbitrary dismissal
or unfair treatment;
4. Develop and maintain a classification and compensation
system for all positions in the executive branch of state government
including those established by the Oklahoma Constitution;
5. Conduct an analysis of the rates of pay prevailing in the
state in the public and private sectors for comparable jobs and
report the findings to the Governor, the President Pro Tempore of
the Senate, and the Speaker of the House of Representatives no later
than December 1 of each year. Such analysis shall include all forms
of compensation including fringe benefits. Information solicited by
the Office of Management and Enterprise Services from public and
private sector employers for such analysis, including but not
limited to salaries, benefits, and compensation policies and
procedures, shall be confidential and shall not be subject to
disclosure under the Oklahoma Open Records Act;
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6. Assist state agencies in implementing their duties and
obligations and provide standard forms to the agencies if necessary;
7. Develop, in cooperation with appointing authorities,
employee training programs, management training programs, a
certified public manager program, a recruiting program, and a system
of performance appraisals, and assist appointing authorities in the
setting of productivity goals. The Director Chief Operating Officer
may establish and collect fees for participation in training
programs. The Director Chief Operating Officer is authorized to
purchase awards for presentation to state employees as part of
employee recognition activities sponsored by the Office of
Management and Enterprise Services;
8. Establish rules for leave and pay including, but not limited
to, rules for leave, furloughs, performance pay increases, rates for
pay differentials, on-call pay, and other types of pay incentives
and salary adjustments consistent with this act and reduction-in-
force;
9. Be responsible for the development and maintenance of a
uniform occupation code system, grouped by job titles or duties, for
all state positions. The responsibility shall include the
establishment of rules governing the identification, tracking, and
reporting of all state positions as provided in Section 840-2.13 of
this title;
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10. Be responsible for advising state agencies on personnel
policy and administration;
11. Establish standards for continuing training and
certification of personnel professionals in the executive branch of
state government, excluding institutions within The Oklahoma State
System of Higher Education. Employees appointed to professional
personnel positions shall complete an initial training program
within one (1) year after assuming the professional personnel
position. Thereafter, they shall complete annual training
requirements. Each appointing authority shall ensure that all
professional personnel employees are notified of, and scheduled to
attend, required training programs and shall make time available for
employees to complete the programs. The Director Chief Operating
Officer shall be authorized to bill agencies for the training of
personnel professionals pursuant to this paragraph to recover
reasonable costs associated with the training. Monies received for
such training shall be deposited in the Human Capital Management
Revolving Fund. Expenditure of such funds collected for the
training shall be exempt from any expenditure limit on the Office of
Management and Enterprise Services established by law;
12. Not less than once during each two-year period, conduct a
study identifying the following, by job family descriptors:
a. selected jobs with a turnover rate in excess of ten
percent (10%),
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b. selected jobs identified by the Director Chief
Operating Officer of the Office of Management and
Enterprise Services with salaries and benefits that
are ten percent (10%) or more below the market for
such positions, and
c. selected jobs identified by the Director Chief
Operating Officer in which recruitment efforts have
yielded a low number of qualified applicants;
13. Establish a workforce planning function within the Office
of Management and Enterprise Services to assist state agencies in
analyzing the current workforce, determining future workforce needs,
and implementing solutions so that agencies may accomplish their
missions; and
14. Establish a quality management function within the Office
of Management and Enterprise Services and shall assist state
agencies in fully integrating quality management concepts and models
into their business practices for the purpose of improving the
overall efficiency and effectiveness of state government.
SECTION 729. AMENDATORY 74 O.S. 2021, Section 840-1.20,
as amended by Section 7, Chapter 243, O.S.L. 2022 (74 O.S. Supp.
2025, Section 840-1.20), is amended to read as follows:
Section 840-1.20. A. There is hereby created in the State
Treasury a revolving fund for the Office of Management and
Enterprise Services to be designated the "Human Capital Management
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Revolving Fund". The fund shall be a continuing fund, not subject
to fiscal year limitations, and shall consist of fees received by
the Office of Management and Enterprise Services for providing
training for a certified public managers program and all other
monies received by the Office of Management and Enterprise Services.
All monies accruing to the credit of the fund are hereby
appropriated and may be budgeted and expended by the Office of
Management and Enterprise Services for defraying the costs incurred
in performing the duties and functions of the Office. Expenditures
from the fund shall be made upon warrants issued by the State
Treasurer against claims filed as prescribed by law with the
Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment.
B. There is hereby created a petty cash fund not to exceed Two
Hundred Fifty Dollars ($250.00) for the Office of Management and
Enterprise Services. The Director Chief Operating Officer of the
Office of Management and Enterprise Services shall prescribe the
rules and procedures for the administration of the petty cash fund.
C. Any monies in or obligations against the Employee Benefits
Revolving Fund and the Benefits Council Administration Revolving
Fund shall be transferred to the Human Capital Management Revolving
Fund. Funds previously designated for deposit into the Employee
Benefits Revolving Fund and the Benefits Council Administration
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Revolving Fund shall be deposited into the Human Capital Management
Revolving Fund.
D. The Office of Management and Enterprise Services is hereby
directed to pay from the fund the costs of transcribing the record
of any proceeding before the Office of Management and Enterprise
Services, which record may be designated by an indigent respondent,
if such respondent first establishes indigent condition through
execution of an in forma pauperis affidavit upon a form approved by
the Office of Management and Enterprise Services; provided, that if
the indigent respondent has a financial recovery the fund shall be
reimbursed from the proceeds.
SECTION 730. AMENDATORY 74 O.S. 2021, Section 840-2.10a,
as amended by Section 9, Chapter 243, O.S.L. 2022 (74 O.S. Supp.
2025, Section 840-2.10a), is amended to read as follows:
Section 840-2.10a. A. State agencies shall provide or contract
to provide, through the State Employee Assistance Program,
debriefing and counseling services for state employees who are
involved in, witness or are otherwise exposed to a violent or
traumatic event in the workplace.
B. State employees who are affected by such events shall be
encouraged to participate in debriefing or counseling services and
paid administrative leave shall be provided. However, employees
shall have the option to refuse services offered.
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C. The Director Chief Operating Officer of the Office of
Management and Enterprise Services shall promulgate rules to
implement the provisions of this section which, at a minimum, shall
specify the types of events which shall qualify state employees for
debriefing and counseling services.
SECTION 731. AMENDATORY 74 O.S. 2021, Section 840-2.13,
as amended by Section 10, Chapter 243, O.S.L. 2022 (74 O.S. Supp.
2025, Section 840-2.13), is amended to read as follows:
Section 840-2.13. A. The Director Chief Operating Officer of
the Office of Management and Enterprise Services shall establish a
Personnel Management Information System to provide various
management reports to facilitate decision making within agencies,
and to promote the efficient utilization of personnel resources by
providing a method for tracking, monitoring and reporting positions
and employee transactions. The System shall include information on
state service positions within the executive branch of government,
but shall not require institutions within The Oklahoma State System
of Higher Education to participate.
B. The Director Chief Operating Officer of the Office of
Management and Enterprise Services shall promulgate rules regarding
the Personnel Management Information System as necessary to
implement the provisions of this section. Such rules shall
establish a schedule to ensure the orderly implementation of such
Personnel Management Information System.
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C. State agencies shall assist the Office of Management and
Enterprise Services as necessary to ensure the orderly completion of
implementation as provided for in this section.
D. Appointing authorities in the legislative or judicial
branches of state government may participate in the Personnel
Management Information System at their option.
SECTION 732. AMENDATORY 74 O.S. 2021, Section 840-2.17,
as amended by Section 13, Chapter 243, O.S.L. 2022 (74 O.S. Supp.
2025, Section 840-2.17), is amended to read as follows:
Section 840-2.17. Raises - Salary adjustments.
A. Unless otherwise provided by the Oklahoma Constitution,
statutory authority to set or fix compensation, pay or salary of
state officers and employees shall not be construed to authorize any
agency, board, commission, department, institution, bureau,
executive officer or other entity of the executive branch of state
government to award, grant, give, authorize, or promise any officer
or employee of the State of Oklahoma a raise that is inconsistent
with the compensation schedules established by the Office of
Management and Enterprise Services for all state officers and
employees in the executive branch, including, but not limited to, a
cost-of-living raise or any other type of raise that would be given
to state employees on an across-the-board basis, except as herein
provided. Such raises are prohibited unless authorized by the
Legislature and by rules promulgated by the Director Chief Operating
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Officer. This prohibition applies to all officers and employees in
the executive branch of state government, excluding institutions
under the administrative authority of the Oklahoma State Regents for
Higher Education.
B. However, nothing in this section shall be construed to
prohibit the following actions if the action is made in good faith
and not for the purpose of circumventing subsection A of this
section, and if the appointing authority certifies that the action
can be implemented for the current fiscal year and the subsequent
fiscal year without the need for additional funding to increase the
personal services budget of the agency, and if the Office of
Management and Enterprise Services certifies that the action is
consistent with the compensation schedules established pursuant to
the provisions of this act:
1. Salary advancements on promotion;
2. Salary adjustments resulting from a pay change for a job
level adopted by the Office of Management and Enterprise Services;
3. Increases in longevity payments pursuant to Section 840-2.18
of this title;
4. Payment of overtime, special entrance rates, pay
differentials;
5. Payment of wages, salaries, or rates of pay established and
mandated by law;
6. Market adjustments for jobs tied to market competitiveness;
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7. Skill-based adjustments;
8. Equity-based adjustments;
9. Performance-based adjustments; or
10. Career progression increases as an employee advances
through job levels.
C. Provided, however, any salary increase for one of the
purposes provided in subsection B of this section that would require
additional funding by the Legislature shall not be implemented
without approval of the Legislature.
D. Appointing authorities may implement the pay movement
mechanisms subject to the availability of funds within the agency's
budget for the current fiscal year and subsequent fiscal year
without the need for additional funding to increase the personal
services budget of the agency. Failure by the appointing authority
to follow the provisions of this subsection may cause the withdrawal
of the use of the pay movement mechanisms of this section within the
agency during the next appropriations cycle.
E. The Office of Management and Enterprise Services shall file
a quarterly report with the Offices of the Governor, President Pro
Tempore of the Senate and Speaker of the House of Representatives
listing, by agency, all increases in wages, salaries or rates of pay
and any changes to title or classification of each employee.
SECTION 733. AMENDATORY 74 O.S. 2021, Section 840-2.18,
as last amended by Section 1, Chapter 18, 1st Extraordinary Session,
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O.S.L. 2023 (74 O.S. Supp. 2025, Section 840-2.18), is amended to
read as follows:
Section 840-2.18. A. A longevity pay plan is hereby adopted.
This plan applies to all state employees, excluding members of
boards and commissions, institutions under the administrative
authority of the Oklahoma State Regents for Higher Education,
employees of public school districts, and elected officials. The
plan shall also apply to those employees of the Oklahoma School for
the Blind and the Oklahoma School for the Deaf who qualify for
longevity pay in accordance with subsection G of Section 1419 of
Title 10 of the Oklahoma Statutes.
B. The Oklahoma Conservation Commission is hereby authorized to
establish a longevity pay program for employees of the conservation
districts employed under Section 3-3-103 of Title 27A of the
Oklahoma Statutes. Such longevity pay program shall be consistent
with the longevity pay program for state employees authorized under
this title and payments shall be made in a manner consistent with
procedures for reimbursement to conservation districts.
C. To be eligible for longevity pay, employees must have been
continuously employed in the service of the state for a minimum of
two (2) years in full-time status or in part-time status working
more than one thousand (1,000) hours a year.
For purposes of this section, a break in service of thirty (30)
calendar days or less shall not be considered an interruption of
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continuous service; a break in service of more than thirty (30)
calendar days shall mark an end to continuous service. The
legislative session employees who have worked for two (2) years or
more in part-time status and are eligible for state retirement
benefits, but do not receive other longevity payments, shall be
eligible and shall be considered to have been continuously employed
for purposes of calculating longevity payments, notwithstanding the
provisions of subsection E of this section.
D. 1. Longevity pay for the first twenty (20) years of service
shall be determined pursuant to the following schedule:
Years of Service Annual Longevity Payment
At least 2 years but
less than 4 years $250.00
At least 4 years but
less than 6 years $426.00
At least 6 years but
less than 8 years $626.00
At least 8 years but
less than 10 years $850.00
At least 10 years but
less than 12 years $1,062.00
At least 12 years but
less than 14 years $1,250.00
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At least 14 years but
less than 16 years $1,500.00
At least 16 years but
less than 18 years $1,688.00
At least 18 years but
less than 20 years $1,900.00
At least 20 years $2,000.00
2. For each additional two (2) years of service after the first
twenty (20) years an additional Two Hundred Dollars ($200.00) shall
be added to the amount stated above for twenty (20) years of
service.
The total amount of the annual longevity payment made to an
employee by any and all state agencies in any year shall not exceed
the amount shown on the table corresponding to that employee's years
of service with the state, except as otherwise provided by Section
840-2.28 of this title. Further, no employee shall receive
duplicating longevity payments for the same periods of service with
any and all agencies, except as otherwise provided by Section 840-
2.28 of this title.
E. To determine years of service, cumulative periods of full-
time employment or part-time employment working more than one
hundred fifty (150) hours per month with the state excluding service
as specified in subsection A of this section are applicable. Part-
time employment, working one hundred fifty (150) hours per month or
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less for the state, excluding service as specified in subsection A
of this section, shall be counted only if:
1. The period of employment was continuous for at least five
(5) months; and
2. a. The person worked more than two-fifths (2/5) time.
Other employment shall not be counted as service for purposes of
longevity payments. Further, no period of employment with the
state, whether with one or more than one agency, shall be counted as
more than full-time service.
b. For purposes of the computation required by this
section, any service performed by a person during
which the person received compensation for duties
performed for the state shall be counted if payment
for such service was made using state fiscal
resources. The provisions of this paragraph shall not
apply to elected or appointed justices or judges,
including special judges, who perform services in the
trial or appellate courts. The provisions of this
section shall apply to persons who perform services as
an administrative law judge within the executive
department and employees of the judicial branch.
F. Years of service under the administrative authority of the
Oklahoma State Regents for Higher Education or the administrative
authority of the Oklahoma Department of Career and Technology
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Education of any employee who is now employed in a job
classification which is eligible for longevity pay shall be included
in years of service for purposes of determining longevity pay.
G. Years of service shall be certified through the current
employing agency by the appointing authority on a form approved by
the Office of Management and Enterprise Services. The form shall be
completed and posted as directed by the Director Chief Operating
Officer of the Office of Management and Enterprise Services by the
current employing agency when the employee initially enters on duty
with the agency and thereafter whenever the employee's anniversary
date is changed.
H. Eligible employees, in full-time status or in part-time
status working more than one hundred fifty (150) hours per month,
shall receive one (1) lump-sum annual payment, in the amount
provided on the preceding schedule, during the month following the
anniversary date of the employee's most recent enter-on-duty day
with the state. Upon implementation of the statewide information
systems project, the lump-sum annual payment may be paid concurrent
with the final payroll of the month of the employee's anniversary
date. Eligible part-time employees who work one hundred fifty (150)
hours per month or less shall receive one (1) lump-sum annual
payment, based on the formula in subsection L of this section,
during the month following the anniversary date of the employee's
most recent enter-on-duty day with the state. To receive longevity
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pay an employee must be in pay status on or after his or her
anniversary date.
Eligible employees who would not otherwise receive annual
longevity payments because their employment includes regular periods
of leave without pay in excess of thirty (30) calendar days shall
receive one (1) lump-sum annual payment, based on the formula in
subsection L of this section, during:
1. The month of August if the employee is in pay status on July
1; or
2. During the month following the employee's first return to
duty that fiscal year if the employee is not in pay status on July
1.
Except as otherwise provided by Section 840-2.28 of this title,
employees terminated as a result of a reduction-in-force or retiring
from state employment shall receive upon said termination or
retirement the proportionate share of any longevity payment which
may have accrued as of the date of termination or retirement.
Provided further that, the proportionate share of any longevity
payment which may have accrued as of the date of death of an
employee shall be made to the surviving spouse of the employee or if
there is no surviving spouse to the estate of the employee.
I. Periods of leave without pay taken in accordance with
Section 840-2.21 of this title shall be counted as service. Other
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periods of nonpaid leave status in excess of thirty (30) calendar
days shall not mark a break in service; however, they shall:
1. Not be used in calculating total months of service for
longevity pay purposes; and
2. Extend the anniversary date for longevity pay by the total
period of time on nonpaid leave status except as provided in
subsection H of this section for employees whose conditions of
employment include regular periods of leave without pay.
J. Employees currently receiving longevity pay who work for the
Oklahoma Department of Career and Technology Education shall not be
eligible for the longevity pay plan provided for in this section.
K. A break in service with the state in excess of thirty (30)
days but which does not exceed two (2) years which was caused by a
reduction-in-force shall be treated as if it were a period of
nonpaid leave status as provided for in subsection I of this section
for the purpose of calculating total months of service for longevity
pay. This subsection shall only apply to state employees laid off
after June 30, 1982.
L. Eligible part-time employees working less than one hundred
fifty (150) hours per month and other eligible employees with
regular annual periods of leave without pay of more than thirty (30)
calendar days will receive a prorated share of the "Annual Longevity
Payment" authorized in subsection D of this section. The prorated
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amount of payment will be based on actual hours worked in the
immediately preceding twelve (12) months.
M. An employee shall not be entitled to retroactive longevity
payments as a result of amendments to this section unless
specifically authorized by law.
N. The Director Chief Operating Officer of the Office of
Management and Enterprise Services is authorized to promulgate such
Longevity Pay Plan Rules as he or she finds necessary to carry out
the provisions of this section.
O. As of July 1, 1998, years of service with a city-county
health department for employees who left a city-county health
department for employment with the Department of Environmental
Quality or the Oklahoma Department of Agriculture, Food, and
Forestry, between July 1, 1993, and July 1, 1998, and who are now
employed in a job classification that is eligible for longevity pay
pursuant to this section, shall be included in years of service for
purposes of determining longevity pay subsequent to July 1, 1998.
P. As of July 1, 2003, years of service with a local
conservation district shall be included in years of service for
purposes of determining longevity pay for local conservation
district employees transferred to the Oklahoma Conservation
Commission pursuant to the provisions of this section.
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SECTION 734. AMENDATORY 74 O.S. 2021, Section 840-2.19,
as amended by Section 15, Chapter 243, O.S.L. 2022 (74 O.S. Supp.
2025, Section 840-2.19), is amended to read as follows:
Section 840-2.19. A. The Director Chief Operating Officer of
the Office of Management and Enterprise Services shall not approve
any payroll claim for payment for any agency unless said claim
contains or is accompanied by the certification by the
administrative head of said agency or an authorized employee of said
agency that the persons named in said claim have been appointed and
employed in accordance with the law and the rules and orders
promulgated thereunder. For purposes of this section, "payroll
claim" shall also include longevity payments made pursuant to
Section 840-2.18 of this title.
B. If, as a result of a payroll audit, the Office of Management
and Enterprise Services finds that an agency has made payments of
salaries or wages contrary to the provisions and rules promulgated
pursuant to the provisions of this act:
1. Audit findings shall be promptly transmitted to the
appointing authority of the agency certifying the payroll claim or
claims involved;
2. An audit conference with said agency shall be scheduled
within fifteen (15) days, at which time the audit exceptions will be
resolved or become a determination of error unless the parties to
the conference agree to a further review;
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3. If underpayments or overpayments made by said agency are
deemed to be the result of administrative error, the agency which
certified the payroll claim or claims in error shall refund to the
employee the balance of the actual amounts due and owing to the
payee or shall seek repayment from the payee of any amount paid in
excess of the actual amount due and owing the payee;
4. If an agency neglects or refuses to seek repayment after a
determination that an error in payroll amount or amounts has been
made, or to properly adjust a then current salary or wage, the
Director Chief Operating Officer of the Office of Management and
Enterprise Services shall note an unresolved audit exception stating
the agency involved and the person to whom said exception refers;
5. Upon receipt of notification that a procedure to initiate
repayment has been instituted by the certifying agency, said notice
shall be withdrawn or waived by the Director Chief Operating Officer
of the Office of Management and Enterprise Services. Implementation
of procedures provided in this section shall not operate to deny or
delay payment of proper salaries or wages to any employee of this
state;
6. The provisions of this section regarding collections of any
overpayment of salaries or wages by any agency to any state employee
or officer shall not include any such overpayment made prior to July
1, 1983;
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7. Recovery of overpayments from an employee shall include all
overpayments occurring within one (1) year prior to the
determination of error. Disbursement of underpayments to an
employee shall include all underpayments made within a period of two
(2) years prior to the determination of error; and
8. If an agency discovers overpayment or underpayment errors
through an internal audit, the agency shall recover overpayments
from the employee or disburse underpayment amounts in accordance
with this section. Prior to initiation of recovery of overpayments
from an employee, the agency shall provide the employee with
adequate notice and an opportunity to respond.
C. The Director Chief Operating Officer of the Office of
Management and Enterprise Services shall not approve any payroll
claim for payment for any agency for which a notification of an
unresolved audit exception pursuant to this section has been filed,
unless the person named in the audit exception has been removed from
the payroll by the certifying agency, the overpayment has been
converted by the agency, or the exception has been withdrawn or
waived in writing by the Office of Management and Enterprise
Services.
D. Any sum on a payroll claim found to have been paid in excess
of the actual amount due and owing may be recovered from the payee
through the following procedures:
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1. Upon the determination that an error in payroll amount has
been made, the agency which certified the claim or claims shall
notify the payee in writing within ten (10) days from said
determination. The notice to the payee shall contain:
a. the amounts paid in error,
b. the dates of said payments,
c. the options available for repayment, and
d. the right of the payee to protest the findings.
Said notice shall also provide space for the payee to indicate
an election of a repayment option or to protest the findings. Said
election shall be required within thirty (30) days after the
notification;
2. If the payee is, at the time of said notification, an
officer or employee of the agency seeking repayment, options
available for repayment shall be by:
a. lump-sum cash repayment,
b. reduction of the corrected current salary or
miscellaneous payroll deduction in a lump sum or in
installments over a term not to exceed the term in
which the erroneous payments were made,
c. reduction in accrued annual leave by an amount of time
at the then current correct salary level equal in
value to the total of the amount or amounts to be
repaid, or
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d. any combination thereof;
3. If the payee is, at the time of said notification, an
officer or employee of an agency of the state other than the agency
seeking repayment, the options provided by paragraph 2 of this
subsection may be exercised by the payee with the approval of the
then current employing agency. Payment of amounts deducted or
charged against annual leave shall be paid to the agency seeking
repayment by an appropriate miscellaneous claim for interagency
payment. If a payroll deduction is elected pursuant to the
provisions of this paragraph and employment is subsequently
terminated, any balance remaining shall be deducted from any final
payment otherwise due to the employee;
4. If the payee is no longer an employee of the state but
agrees to repay the amount or amounts paid in error, repayment may
be accepted:
a. by lump-sum cash repayment, or
b. in installments over a period not to exceed twelve
(12) months;
5. If the payee is no longer an employee of the state, and does
not respond or cannot be located within ten (10) days after mailing
of the determination of error, or refuses repayment, the agency
seeking repayment shall present the facts in writing to the Attorney
General and shall send a copy to the Office of Management and
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Enterprise Services. The Attorney General shall determine what
action may be taken to recover said amount; and
6. Repayments other than by reduction in present salary or
reduction in accrued annual leave for a payee currently employed by
the agency seeking repayment shall be deposited in the General
Revenue Fund unless the fund to which the amount in error was
originally charged can be identified and was other than a General
Revenue Fund appropriation. Said deposits shall be treated as
nonrevenue receipts.
SECTION 735. AMENDATORY 74 O.S. 2021, Section 840-2.20,
as last amended by Section 172, Chapter 452, O.S.L. 2024 (74 O.S.
Supp. 2025, Section 840-2.20), is amended to read as follows:
Section 840-2.20. A. The Director Chief Operating Officer of
the Office of Management and Enterprise Services shall promulgate
such emergency and permanent rules regarding leave and holiday leave
as are necessary to assist the state and its agencies.
The Director Chief Operating Officer of the Office of Management
and Enterprise Services, in adopting new rules, amending rules and
repealing rules, shall ensure that the following provisions are
incorporated:
1. Eligible employees who enter on duty or who are reinstated
after a break in service shall receive leave benefits in accordance
with the schedule outlined below. Leave shall be accrued based upon
hours worked, paid leave, and holidays, but excluding overtime, not
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to exceed the total possible work hours for the pay period. Years
of service shall be based on cumulative periods of employment
calculated in the manner that cumulative service is determined for
longevity purposes pursuant to Section 840-2.18 of this title.
Employees may accumulate more than the maximum annual leave
accumulation limits shown in the schedule below provided that such
excess is used during the same calendar year in which it accrues or
within twelve (12) months of the date on which it accrues, at the
discretion of the appointing authority. If an employee whose job
duties include providing fire protection services, law enforcement
services or services with the Department of Corrections is unable to
use excess leave as provided for in this paragraph because the
employee’s request for leave is denied by the employee’s appointing
authority and the denial of leave is due to extraordinary
circumstances such that taking leave could pose a threat to public
safety, health or welfare, the employee shall receive compensation
at the employee’s regular rate of pay for the amount of excess leave
the employee is unable to use. Such compensation shall be paid at
the end of the time period during which the excess leave was
required to have been used;
2. On and after the effective date of this act, the following
accrual rates and accumulation limits apply to eligible employees as
follows:
ACCRUAL RATES ACCUMULATION
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LIMITS
Cumulative
Years of Annual Sick Annual
Service Leave Leave Leave
Persons employed 0-5 yrs = 15 day/yr 15 days/yr 30 days
5-10 yrs = 18 day/yr 15 days/yr 80 days
10-20 yrs = 20 day/yr 15 days/yr 80 days
over 20 yrs = 25 day/yr 15 days/yr 80 days
Following an emergency declaration as described in Section 683.8
of Title 63 of the Oklahoma Statutes, the accumulation limits for
annual leave shall temporarily increase and shall carryover to the
end of the fiscal year following the year in which the emergency
declaration ended.
All annual leave that accrued or expired during the period of
the emergency declarations issued by the Governor in 2020 and 2021
in response to the novel coronavirus (COVID-19) shall carry over to
the end of the fiscal year following the year in which the emergency
declaration ended regardless of regulatory provisions that establish
a maximum amount of annual leave that may be accumulated by an
employee of this state. Expired annual leave governed by this
subsection shall be reinstated as of May 7, 2021, and accumulation
limits for annual leave shall not apply to amounts accrued or
reinstated pursuant to this subsection. Eligibility for
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reinstatement of annual leave is limited to employees currently
employed by this state on May 7, 2021;
3. Temporary employees and other limited term employees are
ineligible to accrue, use, or be paid for sick leave and annual
leave. Such employees shall be eligible for paid holiday leave at
the discretion of the appointing authority;
4. Except as provided in paragraph 2 of this subsection,
employees shall not be entitled to retroactive accumulation of leave
as a result of amendments to this section;
5. The Director Chief Operating Officer of the Office of
Management and Enterprise Services shall assist agencies in
developing policies to prevent violence in state government
workplaces without abridging the rights of state employees. Such
policies shall include a paid administrative leave provision as a
cooling-off period which the Director Chief Operating Officer of the
Office of Management and Enterprise Services is authorized to
provide pursuant to the Administrative Procedures Act. Such leave
shall not be charged to annual or sick leave accumulations;
6. State employees who terminated their employment in the state
service on or after October 1, 1992, may be eligible to have sick
leave accrued at the time of termination of employment restored if
they return to state employment provided that the state employees’
enter-on-duty dates for reemployment occur on or before two (2)
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years after their termination of employment and they are eligible to
accrue sick leave before the two (2) years expire;
7. Employees who are volunteer firefighters pursuant to the
Oklahoma Volunteer Firefighters Act and who are called to fight a
fire shall not have to use any accrued leave or need to make up any
time due to the performance of their volunteer firefighter duties;
8. Employees who are reserve municipal police officers pursuant
to Section 34-101 of Title 11 of the Oklahoma Statutes and who miss
work in performing their duties in cases of emergency shall not have
to use any accrued leave or need to make up any time due to the
performance of their reserve municipal police officer duties;
9. Employees who are reserve deputy sheriffs pursuant to
Section 547 of Title 19 of the Oklahoma Statutes and who miss work
in performing their duties in case of emergency shall not have to
use any accrued leave or need to make up any time due to the
performance of their reserve deputy sheriff duties;
10. For purposes of the computation required by this section,
any service performed by a person during which the person received
compensation for duties performed for the state shall be counted if
payment for such service was made using state fiscal resources. The
provisions of this section shall not apply to elected or appointed
justices or judges, including special judges, who perform service in
the trial or appellate courts. The provisions of this section shall
apply to persons who perform services as an administrative law judge
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within the executive department and employees of the judicial
branch; and
11. Eligible employees shall be entitled to paid maternity
leave as provided for in Section 840-2.20D of this title.
B. Nothing in law is intended to prevent or discourage an
appointing authority from disciplining or terminating an employee
due to abuse of leave benefits or absenteeism. Appointing
authorities are encouraged to consider attendance of employees in
making decisions regarding promotions, pay increases, and
discipline.
C. Upon the transfer of a function in state government to an
entity outside state government, employees may, with the agreement
of the outside entity, waive any payment for leave accumulations to
which the employee is entitled and authorize the transfer of the
leave accumulations or a portion thereof to the outside entity.
D. All permanent employees of the state shall be eligible to
carry over a maximum of six hundred forty (640) hours of annual
leave each year. Additionally, all employees shall be paid up to a
maximum of six hundred forty (640) hours of annual leave upon
separation from state service.
SECTION 736. AMENDATORY 74 O.S. 2021, Section 840-2.20A,
is amended to read as follows:
Section 840-2.20A. A. When an agency of the State of Oklahoma
or part of such an agency is closed because of an imminent peril
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threatening the public health, safety, or welfare of state employees
or the public, the appointing authority shall place employees who
are scheduled to work in the closed area on paid administrative
leave or shall assign them to work in another location. Employees
who are on paid administrative leave shall be in standby or on-call
status during their normal scheduled duty hours. The appointing
authority may call such employees to return to their normal duties
and work location or respond to the demands of the situation as
necessary.
B. When the Governor or a designee of the Governor authorizes
agencies or parts of agencies to maintain basic minimum services
because hazardous weather conditions impede or delay the movement of
employees to and from work, employees responsible for providing such
basic minimum services shall report to work. Appointing authorities
of agencies shall be responsible for determining essential agency
functions and ensuring that employees who staff such functions are
so informed. Leave alternatives for those employees not responsible
for basic minimum services shall be established by the Director
Chief Operating Officer of the Office of Management and Enterprise
Services.
C. Appointing authorities of affected agencies shall notify the
Office of Management and Enterprise Services of agency closings and
reductions in services pursuant to this section.
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D. The provisions of this section are applicable to agencies
and employees in the executive department of state government,
including those on temporary and other limited term appointments.
The provisions of this section shall not be applicable to employees
of institutions within The Oklahoma State System of Higher
Education.
E. The Director Chief Operating Officer of the Office of
Management and Enterprise Services shall adopt rules necessary to
implement the provisions of this section.
SECTION 737. AMENDATORY 74 O.S. 2021, Section 840-2.20C,
is amended to read as follows:
Section 840-2.20C. A. Each agency, as defined by Section 840-
1.3 of this title, shall provide a written notice to any employee of
such agency who will be furloughed by the agency at least thirty
(30) days prior to the first date that the furlough period is
scheduled to begin. The notice shall provide information about the
anticipated first date of the furlough period and an estimate of the
duration of the furlough or the day or days during which the
furlough will be in effect.
B. The furlough notice shall be provided to the Director Chief
Operating Officer of the Office of Management and Enterprise
Services and any state employee association representing state
employees at such time.
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C. Subsection A of this section shall not apply to disruptions
in funding to state agencies caused by actions at the federal level.
SECTION 738. AMENDATORY Section 1, Chapter 32, 1st
Extraordinary Session, O.S.L. 2023 (74 O.S. Supp. 2025, Section 840-
2.20D), is amended to read as follows:
Section 840-2.20D. A. Any full-time employee of this state who
has been employed by the state agency for at least two (2) years
prior to the request for leave shall be entitled to six (6) weeks of
paid maternity leave following the birth or adoption of the
employee’s child.
B. Paid maternity leave pursuant to this section shall be in
addition to and not in place of sick leave due to pregnancy, as
authorized by Section 840-2.20 of Title 74 of the Oklahoma Statutes.
C. An employee who is granted maternity leave pursuant to the
provisions of this section shall receive the employee’s annual
salary without interruption during the maternity leave. For
purposes of determining seniority, pay or pay advancement, and
performance awards, and for the receipt of any benefit that may be
affected by maternity leave, the service of the employee shall be
considered uninterrupted by the maternity leave.
D. The Director Chief Operating Officer of the Office of
Management and Enterprise Services may promulgate rules to implement
the provisions of this section.
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SECTION 739. AMENDATORY 74 O.S. 2021, Section 840-2.21,
as amended by Section 17, Chapter 243, O.S.L. 2022 (74 O.S. Supp.
2025, Section 840-2.21), is amended to read as follows:
Section 840-2.21. A. If a state employee is absent because of
an illness or injury arising out of and sustained in the course of
his or her employment with the state, and for which workers'
compensation benefits have been filed, the employing agency shall
place the employee on leave without pay if the employee so requests;
provided, leave without pay pursuant to this section shall not for
any purpose be considered a break in service.
B. An employee who sustains an illness or injury arising out of
and sustained in the course of employment with the State of Oklahoma
shall not be required to use either accumulated sick or annual leave
during such period prior to being placed on leave without pay
pursuant to this section.
C. An employee placed on leave without pay pursuant to the
provisions of this section shall continue receiving basic plan
insurance coverage as defined in Section 1363 of this title and
dependent insurance benefit allowance pursuant to paragraph 2 of
subsection C of Section 1370 of this title paid by the agency during
the leave without pay.
D. An employee on leave without pay pursuant to the provisions
of this section shall have the right to be returned to his or her
original position in accordance with rules promulgated by the Office
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of Management and Enterprise Services. If it is found necessary for
the good of the state to fill the position during the period the
employee is on leave without pay the employee filling the position
shall vacate the position upon the return of the employee on leave
without pay, subject to layoff, transfer or demotion rights earned
under law and rules of the Office of Management and Enterprise
Services. The right to return to the original position shall expire
one (1) year from the date of the start of leave without pay. The
employee may be separated in accordance with the Office of
Management and Enterprise Services Rules if the employee has not
returned to the original position of the employee or some other
position within the agency within one (1) year from the date of the
start of leave without pay.
E. An employee on leave without pay pursuant to the provisions
of this section shall provide a medical statement as to his or her
ability to perform the duties of the position to the appointing
authority at least every three (3) months.
F. If the employee becomes medically able with reasonable
accommodation to perform the duties of his or her original position,
the employee shall be returned to such position. If the employee is
unable to perform the duties of the original position with
reasonable accommodation, but is medically able with reasonable
accommodation to perform the duties of any other position within the
agency for which the employee is qualified, and appointment to such
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other position does not constitute a promotion, the employee shall
have first preference for any such position which becomes vacant
within the agency, notwithstanding any other preference provisions
of laws of the State of Oklahoma. An employee accepting another
position pursuant to this subsection shall not forfeit his or her
right to be returned to the original position within twelve (12)
months after the start of leave without pay pursuant to the
provisions of subsection D of this section.
G. An ill or injured employee shall be eligible to participate
in the Disability Insurance Program established pursuant to the
provisions of Section 1331 et seq. of this title in accordance with
rules promulgated by the Office of Management and Enterprise
Services.
H. All benefits, rights, and obligations contained in this
section shall continue during the time the employee remains on leave
without pay status, for a continuous period not to exceed twelve
(12) months. However, if a workers' compensation claim based on
such illness or injury is denied during the twelve-month period, all
benefits, rights and obligations conferred upon an employee pursuant
to this section shall cease and be discontinued immediately.
I. A state employee who is separated pursuant to subsection D
of this section shall be eligible for reinstatement to employment
with any state agency for twelve (12) months after the date of
separation. Nothing in this subsection shall be construed to compel
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or require any agency of the state to reinstate a former employee
who is separated pursuant to subsection D of this section. Further,
nothing in this subsection shall be construed as limiting or
reducing a former employee's eligibility for reinstatement pursuant
to other general reinstatement or reemployment provisions in rules
promulgated by the Director Chief Operating Officer.
SECTION 740. AMENDATORY 74 O.S. 2021, Section 840-2.22,
is amended to read as follows:
Section 840-2.22. The Director Chief Operating Officer of the
Office of Management and Enterprise Services shall promulgate
emergency and permanent leave rules as necessary to implement the
federal Family and Medical Leave Act of 1993 and rules thereto.
Such leave rules shall permit an employee to select any one or a
combination of the following types of leave to account for
authorized absences covered by the Family and Medical Leave Act of
1993: leave without pay; annual and sick leave accumulated by the
employee; and annual and sick leave donated by other state
employees; and compensatory time.
SECTION 741. AMENDATORY 74 O.S. 2021, Section 840-2.26,
is amended to read as follows:
Section 840-2.26. A. In order to provide increased services to
the public, to assist state employees in meeting the needs of their
families, improve employee morale and productivity, appointing
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authorities are encouraged to consider the adoption of flextime
attendance policies and alternative work schedules.
B. For purposes of this section, "flextime" means a regular,
eight-hour-day work schedule that permits the use of alternative
starting and ending times within limits set by the appointing
authority and that includes a common work period during which all
employees are expected to be present.
C. The Director Chief Operating Officer of the Office of
Management and Enterprise Services shall provide technical
assistance to agencies in developing flextime policies and
alternative work schedules and shall promulgate rules pursuant to
the Administrative Procedures Act as necessary for such policies.
SECTION 742. AMENDATORY 74 O.S. 2021, Section 840-2.27C,
as last amended by Section 1, Chapter 341, O.S.L. 2024 (74 O.S.
Supp. 2025, Section 840-2.27C), is amended to read as follows:
Section 840-2.27C. A. At least thirty (30) days before the
scheduled beginning of reduction-in-force separations or as
otherwise provided by law, the appointing authority shall post in
each office of executive branch agencies affected by the proposed
reduction-in-force notice that a reduction-in-force will be
conducted. The reduction-in-force implementation plan shall be
provided to the Director Chief Operating Officer of the Office of
Management and Enterprise Services and any state employee
association representing state employees at such time. The notice
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shall not be posted unless approved by the cabinet secretary for the
agency conducting the reduction-in-force. If there is no incumbent
cabinet secretary for the agency, the cabinet-secretary-notice-
approval requirement shall not be applicable. If the appointing
authority is governed by an elected official, the cabinet-secretary-
notice-approval requirement shall not be applicable. The approved
notice shall be posted in each office affected by the proposed plan
for five (5) days. The appointing authority shall provide a copy of
the notice to the Administrator. A reduction-in-force shall not be
used as a disciplinary or retaliatory action; provided, that a low
job performance evaluation, within the past twelve (12) months, may
be a factor considered by the appointing authority during a
reduction-in-force.
B. The reduction-in-force implementation plan shall:
1. Provide for the appointing authority to determine the
specific position or positions to be abolished within specified
units, divisions, facilities, agency-wide or any parts thereof; and
2. Provide outplacement assistance and employment counseling
from the Oklahoma Employment Security Commission and any other
outplacement assistance and employment counseling made available by
the agency to affected employees regarding the options available
pursuant to the State Government Reduction-in-Force and Severance
Benefits Act prior to the date that a reduction-in-force is
implemented.
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C. The Director Chief Operating Officer of the Office of
Management and Enterprise Services shall review the fiscal
components of the reduction-in-force implementation plan and within
five (5) business days of receipt reject any plan that does not:
1. Demonstrate that funds are available to cover projected
costs; and
2. Contain an estimate of the cost savings or reduced
expenditures likely to be achieved by the agency.
If the reduction-in-force is conducted pursuant to a
reorganization, the fiscal components of the reduction-in-force
implementation plan shall contain reasons for the reorganization,
which may include, but not be limited to, increased efficiency,
improved service delivery, or enhanced quality of service.
D. When the Legislature is not in session, the Contingency
Review Board may, upon the request of the Governor, direct agencies,
boards and commissions to reduce the number of employees working for
the agency, board or commission whenever it is deemed necessary and
proper. Such reduction shall be made pursuant to reduction-in-force
plans as provided in this section.
E. 1. When the Legislature is not in session, the Contingency
Review Board may, upon the request of the Governor, direct and
require mandatory furloughs for all state employees whenever it is
deemed necessary and proper. The Contingency Review Board shall
specify the effective dates for furloughs and shall note any
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exceptions to state employees affected by the same. All employees,
including those employees of agencies or offices established by
statute or the Constitution, shall be affected by such actions.
2. Mandatory furlough means the involuntary temporary reduction
of work hours or the placement of an employee on involuntary leave
without pay. Rules governing leave, longevity pay and participation
in the State Employees Group Health, Dental, Disability, and Life
Insurance program shall not be affected by mandatory furloughs.
Furlough, as provided for in this section or by rules adopted by the
Director Chief Operating Officer of the Office of Management and
Enterprise Services, shall not be appealable under the provisions of
this act.
3. Notwithstanding existing laws or provisions to the contrary,
members of state boards and commissions shall not receive per diem
expenses during periods of mandatory furlough. The Contingency
Review Board shall additionally call upon elected officials, members
of the judiciary, and other public officers whose salary or
emoluments cannot be altered during current terms of office, to
voluntarily donate to the General Revenue Fund any portion of their
salary which would otherwise have been affected by a mandatory
furlough.
F. All agencies directed by the Contingency Review Board to
terminate or furlough employees, shall report the cumulative cost
savings achieved by the reductions-in-force or furloughs to the
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Governor, President Pro Tempore of the Senate and Speaker of the
House of Representatives on a quarterly basis for one (1) year
following the effective date of the action.
G. The appointing authority of an agency which has an approved
reduction-in-force plan pursuant to the State Government Reduction-
in-Force and Severance Benefits Act may request the Director Chief
Operating Officer of the Office of Management and Enterprise
Services to appoint an interagency advisory task force for the
purpose of assisting the agency and its employees with the
implementation of the reduction-in-force. The appointing authority
of state agencies requested by the Administrator to participate on a
task force shall assign appropriate administrative personnel
necessary to facilitate the necessary assistance required for the
efficient implementation of the approved reduction-in-force.
SECTION 743. AMENDATORY 74 O.S. 2021, Section 840-2.27D,
as last amended by Section 2, Chapter 341, O.S.L. 2024 (74 O.S.
Supp. 2025, Section 840-2.27D), is amended to read as follows:
Section 840-2.27D. A. Agencies shall provide severance
benefits to affected state employees who are separated from the
state service as a result of a reduction-in-force due to a
reorganization or any other action by an agency which results in
affected positions being abolished and affected employees being
severed from the state service. Severance benefits shall be given
to permanent affected employees; provided, however, affected
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employees of the University Hospitals Authority must have been
continuously employed in the state service since, on, or before
January 1, 1995, to receive severance benefits. Affected employees
who qualify for severance benefits pursuant to this section, in
addition to the payment of any compensable accrued leave or other
benefits an affected employee is eligible to receive upon separation
from the state service, shall receive severance benefits consisting
of the following elements:
1. All agency severance benefits shall provide the following:
a. payment equal to the affected employee’s current
health insurance premium for the affected employee
only for eighteen (18) months based on the cost of the
premium at the time of the reduction-in-force. The
appointing authority of the agency can ask the
Director Chief Operating Officer of the Office of
Management and Enterprise Services to waive the
severance benefit provision in this subparagraph or to
reduce the length of coverage or subsequent severance
benefit payment upon demonstration of the agency’s
inability to fund the full benefit,
b. a longevity payment, as prescribed by Section 840-2.18
of this title, in the amount which would otherwise be
paid to the affected employee on the affected
employee’s next anniversary date, and
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c. outplacement assistance and employment counseling
prior to and after the reduction-in-force from the
Oklahoma Employment Security Commission and other
state or private entities that the entity may contract
with to assist individuals who may be impacted by a
reduction-in-force;
2. In addition to the severance benefits provided by paragraph
1 of this subsection, agencies shall give affected employees
severance benefit packages based on the following options; provided
that all affected employees are accorded uniform treatment:
a. up to one (1) week of pay, calculated by dividing the
affected employee’s current annual salary by the whole
number fifty-two (52), for each year of service,
b. a lump-sum payment of Five Thousand Dollars
($5,000.00), or
c. payment for accumulated sick leave or extended illness
benefits at up to one-half (1/2) of the affected
employee’s hourly rate not otherwise used pursuant to
law for conversion to credited retirement credit; and
3. Agencies shall also be allowed to provide the severance
benefits to separating employees not subject to the Civil Service
and Human Capital Modernization Act and rules promulgated thereunder
or whose position is not subject to an imminent reduction-in-force
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in exchange for executing a release of all claims against the agency
and this state as required by Section 840-2.27E of this title.
B. Part-time affected employees shall receive benefits pursuant
to this section on a prorated basis. Part-time employees shall have
been compensated for at least one thousand (1,000) hours during the
twelve (12) months immediately preceding the effective date of the
reduction-in-force to be eligible for severance benefits pursuant to
the State Government Reduction-in-Force and Severance Benefits Act.
SECTION 744. AMENDATORY 74 O.S. 2021, Section 840-2.27E,
is amended to read as follows:
Section 840-2.27E. Any affected employee who receives severance
benefits pursuant to the State Government Reduction-in-Force and
Severance Benefits Act shall execute a separation agreement with the
employing agency, on forms to be prescribed by the Director Chief
Operating Officer of the Office of Management and Enterprise
Services. The forms shall comply with applicable federal laws and
may include but not be limited to the following elements:
1. Agreement by the affected employee that the receipt of the
benefits is in lieu of continued employment with the agency or other
severance benefits related to the current reduction-in-force;
2. Agreement by the affected employee that, to the extent
allowed by federal or state law, respectively, the affected employee
releases the State of Oklahoma and the agency from all claims,
liabilities, demands and causes of action known or unknown, fixed or
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contingent, equitable, legal or administrative, except unemployment
insurance;
3. Agreement by the affected employee that, to the extent
allowed by federal or state law, respectively, the affected employee
releases the State of Oklahoma and the agency from any claim or
cause of action which might arise under federal or state laws
governing the employment relationship; and
4. Agreement by the affected employee that the affected
employee knows and understands that the receipt of severance
benefits is in exchange, to the extent allowed by federal or state
law, for any rights the affected employee may have had to:
a. continued employment with any agency, and
b. future employment with the agency from which separated
for a period of one (1) year from the date of the
agreement, provided that nothing in this subparagraph
shall prohibit an appointing authority of any agency
from employing an affected employee who has received a
severance benefit.
The provisions of this section shall not prohibit any affected
employee from accepting severance benefits from more than one agency
during employment with the State of Oklahoma.
SECTION 745. AMENDATORY 74 O.S. 2021, Section 840-3.1,
is amended to read as follows:
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Section 840-3.1. A. Each supervisor employed as of January 1,
1993, by a state agency, board or commission in the executive branch
of state government, excluding those within The Oklahoma State
System of Higher Education, shall attend, prior to December 31,
1993, a training program for supervisory personnel. The training
program shall be established pursuant to subsection C of this
section.
B. Employees appointed to supervisory positions after January
1, 1993, shall complete twenty-four (24) hours of training pursuant
to subsection C of this section within twelve (12) months of
assuming such supervisory position. Thereafter, supervisors are
required to complete twelve (12) hours of training pursuant to
subsection C of this section each year. The appointing authority of
each agency shall ensure each supervisory employee is notified and
scheduled to attend such required training and shall make time
available for each such employee to complete the training.
C. 1. The Director Chief Operating Officer of the Office of
Management and Enterprise Services shall promulgate any rules
necessary to develop and implement training programs for supervisory
personnel which shall include courses related to the effective
performance of an agency manager or supervisor. Rules authorized by
this subsection shall require supervisors to attend such training
within a reasonable period of time determined by the Director Chief
Operating Officer.
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2. Training programs for supervisors under this section may be
approved by the Office of Management and Enterprise Services;
provided, however, such programs shall be subject to standards
developed by the Office of Management and Enterprise Services. All
state agencies, boards and commissions may participate in any such
government employee training program established by an institution
that is a member of The Oklahoma State System of Higher Education
and approved by the Office of Management and Enterprise Services as
provided for in this paragraph.
SECTION 746. AMENDATORY 74 O.S. 2021, Section 840-4.6,
as amended by Section 2, Chapter 244, O.S.L. 2022 (74 O.S. Supp.
2025, Section 840-4.6), is amended to read as follows:
Section 840-4.6. A. The State of Oklahoma, to recruit, retain
and motivate a quality workforce for the purpose of providing
quality services to the citizens of Oklahoma, shall provide a
compensation structure based on internal equity and external
competitiveness balanced by the state's fiscal conditions. The
state's goal shall be to provide a flexible and adaptable state
employee compensation system based on the market data found in
relevant public and private sector markets.
B. The Director Chief Operating Officer of the Office of
Management and Enterprise Services shall develop a compensation
schedule for all positions within the executive branch, excluding
institutions under the administrative authority of the Oklahoma
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State Regents for Higher Education. The Office may develop market-
based occupational compensation structures. The compensation
structures established pursuant to this section for all positions
shall be initially established and published by January 1, 2015, and
shall thereafter be reviewed for revision annually. The provisions
of this section are not subject to the provisions of Article I of
the Administrative Procedures Act.
C. Beginning in fiscal year 2023, a study shall be funded to
examine the overall compensation for all positions covered by the
Office of Management and Enterprise Services under the Civil Service
and Human Capital Management Act. The study shall include an
analysis of the overall state workforce and make recommendations for
any increase or decrease in specific areas of the workforce. The
study shall be completed and the findings submitted to the Offices
of the Governor, the Speaker of the Oklahoma House of
Representatives, and the President Pro Tempore of the Oklahoma State
Senate by December 31, 2022. The study shall be funded and
performed every four (4) years thereafter.
D. Beginning in fiscal year 2023, a study shall be funded to
examine the overall human resources functions throughout the state.
The study shall include an analysis of how the statewide human
resources functions can be consolidated and recommendations on how
to consolidate such functions.
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E. Nothing in this section shall prohibit the state from
contracting for the studies set forth in subsections C and D of this
section with one vendor or under one contract.
SECTION 747. AMENDATORY 74 O.S. 2021, Section 842, is
amended to read as follows:
Section 842. A. Effective July 1, 2003, state agencies shall
allow product vendors that have an authorized payroll deduction for
state employees pursuant to Section 7.10 of Title 62 of the Oklahoma
Statutes reasonable access to state employees in order to provide
information concerning their products. In cooperation with the
individual state agencies, vendors shall be allowed, at a minimum,
annual access to state employees for such purpose. This access
shall only occur during scheduled breaks or during periods
immediately before or after normal work hours and must not disrupt
or interfere with the business of the agency. For those state
government facilities that operate twenty-four (24) hours a day,
vendors shall be allowed access for each shift. State funds shall
not be utilized to accommodate this access.
B. The Director Chief Operating Officer of the Office of
Management and Enterprise Services may promulgate rules necessary to
implement this section.
SECTION 748. AMENDATORY 74 O.S. 2021, Section 845, is
amended to read as follows:
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Section 845. A. State agencies shall allow employee
organizations the following privileges:
1. Holding meetings on state property in a location that does
not disrupt the operations of agency business. Employees may attend
such meetings as long as meetings are conducted before or after
working hours, or during employee lunch periods; and
2. Allowing employee organizations to provide information to
state agencies to be included in new employee packets.
B. The Director Chief Operating Officer of the Office of
Management and Enterprise Services shall promulgate rules governing
the annual distribution of employee organization materials by state
agencies.
C. Nothing in the State Employee Advocacy Rights Act shall be
construed to conflict with the rules of the Ethics Commission
regarding the use of public facilities for political purposes.
SECTION 749. AMENDATORY 74 O.S. 2021, Section 865, is
amended to read as follows:
Section 865. The accounts and books of the Authority, including
its receipts, disbursements, contracts, mortgages, investments and
other matters relating to its finances, operations and affairs shall
be examined and audited annually by the State Auditor and Inspector
as provided by law. The audit shall be filed with the Director
Chief Operating Officer of the Office of Management and Enterprise
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Services in accordance with the requirements for financial statement
audits in Section 212A of this title.
SECTION 750. AMENDATORY 74 O.S. 2021, Section 905, is
amended to read as follows:
Section 905. (1) There shall be a Board of Trustees which
shall consist of fourteen (14) members as follows and all appointees
shall serve their terms at the pleasure of the appointing authority
and may be removed or replaced without cause: a member of the
Corporation Commission or the Commission's designee selected by the
Corporation Commission, the Director Chief Operating Officer of the
Office of Management and Enterprise Services or the Director's
designee, the State Insurance Commissioner or the Commissioner's
designee, the Director of Human Capital Management of the Office of
Management and Enterprise Services, a member of the Oklahoma Tax
Commission selected by the Tax Commission, the State Treasurer or
the Treasurer's designee, three members appointed by the Governor,
one member appointed by the Supreme Court, two members appointed by
the Speaker of the House of Representatives and two members
appointed by the President Pro Tempore of the State Senate. One
member appointed by the Governor shall be an active member of the
System. One member appointed by the Speaker shall be an active
member of the System. One member appointed by the President Pro
Tempore shall be a retired member of the System.
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(2) The member of the Board of Trustees on July 1, 1988, who
was appointed by the Supreme Court shall complete the term of office
for which the member was appointed. The members thereafter
appointed by the Supreme Court shall serve terms of office of four
(4) years.
(3) Members of the Board of Trustees on July 1, 1988, who were
appointed by the Speaker of the House of Representatives or by the
President Pro Tempore of the Senate shall complete their term of
office for which they were appointed. The initial term of office of
members appointed thereafter shall expire on January 8, 1991. The
members thereafter appointed by the Speaker of the House of
Representatives and by the President Pro Tempore of the Senate shall
serve terms of office of four (4) years.
(4) The initial term of office of the members appointed by the
Governor shall expire on January 14, 1991. The members thereafter
appointed by the Governor shall serve a term of office of four (4)
years which is coterminous with the term of office of the office of
the appointing authority.
(5) One of the members appointed to the Board by the Speaker of
the House of Representatives and by the President Pro Tempore of the
Senate and two members appointed to the Board by the Governor shall:
(a) have demonstrated professional experience in
investment or funds management, public funds
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management, public or private pension fund management
or retirement system management,
(b) have demonstrated experience in the banking profession
and have demonstrated professional experience in
investment or funds management,
(c) be licensed to practice law in this state and have
demonstrated professional experience in commercial
matters, or
(d) be licensed by the Oklahoma Accountancy Board to
practice in this state as a public accountant or a
certified public accountant.
The appointing authorities, in making appointments that conform
to the requirements of this subsection, shall give due consideration
to balancing the appointments among the criteria specified in
paragraphs (a) through (d) of this subsection.
(6) No member of the Board of Trustees shall be a lobbyist
registered in this state as provided by law.
(7) Any vacancy that occurs on the Board of Trustees shall be
filled for the unexpired term in the same manner as the office was
previously filled.
(8) Notwithstanding any of the provisions of this section to
the contrary, any person serving as an appointed member of the Board
on July 1, 1988, shall be eligible for reappointment when the term
of office of the member expires.
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(9) The Board shall elect one of its members as Chairman of the
Board at its annual meeting. He shall preside over meetings of the
Board and perform such other duties as may be required by the Board.
(10) The Board shall also elect another member to serve as Vice
Chairman, and the Vice Chairman shall perform duties of Chairman in
the absence of the latter or upon his inability or refusal to act.
SECTION 751. AMENDATORY 74 O.S. 2021, Section 941, is
amended to read as follows:
Section 941. A. There is hereby created the Oklahoma State
Pension Commission. The Commission shall consist of seven (7)
members as follows:
1. The State Auditor and Inspector or that person's designee;
2. The Director Chief Operating Officer of the Office of
Management and Enterprise Services or that person's designee;
3. The State Treasurer or that person's designee;
4. One member who shall be appointed by the President Pro
Tempore of the Senate who shall serve at the pleasure of the
appointing authority and who shall have demonstrated experience in
the investment of private or public funds;
5. One member who shall be appointed by the Speaker of the
House of Representatives who shall serve at the pleasure of the
appointing authority and who shall have demonstrated experience in
the investment of private or public funds;
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6. One person to be appointed by the Governor who shall have at
least ten (10) years of demonstrated experience in the financial
services industry; and
7. One person to be appointed by the Governor who shall have at
least ten (10) years of experience in retirement planning, including
demonstrated experience with retirement plan designs.
No member of the governing body of a state retirement system shall
be eligible to be appointed to the Commission.
B. The Commission shall hold regular meetings at least once
each quarter, the dates, time and place to be set by the Commission.
The Commission shall hold its first meeting prior to September 30,
1988.
C. The Office of the State Auditor and Inspector shall provide
the administrative support required by the Commission.
D. The cost of providing the administrative support shall be
apportioned by the State Auditor and Inspector among the Oklahoma
Firefighters Pension and Retirement System, the Oklahoma Police
Pension and Retirement System, the Uniform Retirement System for
Justices and Judges, the Oklahoma Law Enforcement Retirement System,
the Teachers' Retirement System of Oklahoma, the Oklahoma Public
Employees Retirement System and the Department of Wildlife
Conservation on behalf of the retirement plan adopted by the
Wildlife Conservation Commission in proportion to the percentage
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that the assets of each system at the end of the preceding fiscal
year were to the combined total of the assets of the systems.
SECTION 752. AMENDATORY 74 O.S. 2021, Section 943, is
amended to read as follows:
Section 943. There is hereby created in the State Treasury a
revolving fund to be designated the "Oklahoma State Pension
Commission Revolving Fund" which shall consist of all monies
received by the Commission as provided by law. The fund shall be a
continuing fund not subject to fiscal year limitations. Monies
accruing to the credit of the fund are hereby appropriated and may
be expended by the Oklahoma State Pension Commission for
implementing its duties. Expenditures from the fund shall be made
upon warrants issued by the State Treasurer against claims submitted
by the Commission to the Director Chief Operating Officer of the
Office of Management and Enterprise Services for audit and payment.
SECTION 753. AMENDATORY 74 O.S. 2021, Section 1222A, is
amended to read as follows:
Section 1222A. A. There is hereby created in the State
Treasury a revolving fund for the Office of Management and
Enterprise Services to be designated the "State-Tribal Litigation
Revolving Fund". The fund shall be a continuing fund, not subject
to fiscal year limitations, and shall consist of all monies
designated for deposit by law. All monies accruing to the credit of
said fund are hereby appropriated and may be budgeted and expended,
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as otherwise provided in this act, by the Office of Management and
Enterprise Services for the purpose of hiring legal counsel and
paying legal expenses of the state related to legal controversies
between the State of Oklahoma and tribal governments.
B. Expenditures from said fund shall only be made for legal
services relating to cases and controversies that the Joint
Committee on State-Tribal Relations, (created pursuant to Section
1222 of Title 74 of the Oklahoma Statutes), has formally recommended
the State of Oklahoma pursue or litigate.
C. Expenditures from said fund for the reimbursement of
services by third-party legal counsel shall only be made if the
contract for such services was formally approved by the Joint
Committee on State-Tribal Relations, (created pursuant to Section
1222 of Title 74 of the Oklahoma Statutes), prior to the performance
of such services.
D. Expenditures from said fund shall be made upon warrants
issued by the State Treasurer against claims filed as prescribed by
law with the Director Chief Operating Officer of the Office of
Management and Enterprise Services for approval and payment.
E. If any of the provisions of this section are determined by a
court of competent jurisdiction to be unconstitutional, any
unexpended balance remaining in the State-Tribal Litigation
Revolving Fund created pursuant to this section shall revert to the
General Revenue Fund of this state and shall be used for general
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expenses of state government to be paid out pursuant to direct
appropriation of the Legislature.
SECTION 754. AMENDATORY 74 O.S. 2021, Section 1226.2, is
amended to read as follows:
Section 1226.2. A. There is hereby created a body corporate
and politic to be known as the "Native American Cultural and
Educational Authority" (Authority), and by that name the Authority
may sue and be sued, and plead and be impleaded. The Authority is
hereby constituted an agency of the state, and the exercise by the
Authority of the powers conferred by Section 1226 et seq. of this
title shall be deemed to be essential governmental functions of the
state with all the attributes thereof. Provided, however, the
Authority is authorized to carry liability insurance to the extent
authorized by the Authority, and in addition thereto it shall be
subject to the workers' compensation laws of the State of Oklahoma
the same as a private employer. The Office of Management and
Enterprise Services (OMES) shall assist the Authority in fulfilling
the responsibilities of Section 1226 et seq. of this title, as
requested by the Authority.
B. 1. The Legislature hereby finds and it is hereby declared
to be the public policy of the State of Oklahoma that the completion
and operation of the American Indian Cultural Center and Museum
(AICCM) and the transfer of responsibility for operation and
maintenance of the AICCM to the City of Oklahoma City (together with
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any designee thereof, hereinafter referred to as the "City") or its
designee will produce significant benefits to the state and the
citizens of the state, which benefits include, but are not limited
to:
a. savings by reason of the state not being required to
pay operation and maintenance cost of the AICCM,
b. savings to the state by reason of the state not being
required to appropriate funds for the general
operations of the Authority,
c. sales and other taxes projected to be derived from
operation of the AICCM and the surrounding commercial
development, as well as derived as a result of the
existence of the AICCM and the surrounding commercial
development,
d. increases in employment and the benefits derived by
the state from such employment, including income and
other taxes, and
e. other direct and indirect benefits to the state.
The Legislature further finds and declares that the State of
Oklahoma and its citizens will be best served by the soonest
possible completion of the AICCM and transfer of the Authority's
unimproved property to the City for a complementary commercial
development, with lease revenues therefrom to supply revenues to
support the operations of the AICCM. The Legislature further finds
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that the State of Oklahoma will be best served by transferring
responsibility for operations and maintenance of the AICCM to the
City, and in furtherance of such purposes and intent, hereby adopts
Section 1226 et seq. of this title.
2. As contemplated by the existing Amended and Restated Ground
Lease Agreement between the Authority and the Oklahoma Capitol
Improvement Authority (OCIA), but only upon the execution of the
agreement described in paragraph 5 of this subsection, all of the
unimproved real property of the Authority, which is all of the real
property held by the Authority less and except the real property
described as provided for by subsection C of Section 1226.18 of this
title, shall be transferred to the City. Such transfer shall be for
the purpose of enabling the development of commercial facilities on
such unimproved property, lease revenues of which shall be used to
support the operations of the AICCM upon its completion. The
Director Chief Operating Officer of the Office of Management and
Enterprise Services (OMES) is hereby authorized and directed to
coordinate the transfer of such real property in accordance with the
provisions of Section 1226 et seq. of this title.
3. The Authority shall be terminated no later than the first
day the AICCM is open to the public. The Office of Management and
Enterprise Services (OMES) shall make the determination of whether
AICCM is open to the public for purposes of this paragraph. For
purposes of this subsection, the AICCM shall mean the museum and
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cultural center and associated improvements constructed upon the
real property described as provided for by subsection C of Section
1226.18 of this title. If the AICCM has not been opened to the
public by July 1, 2020, the Director Chief Operating Officer of OMES
may certify that all building and site construction is complete, and
upon such certification the statutory entity created by subsection C
of this section shall be terminated, irrespective of whether all
museum content and exhibits have been completed. Upon the
termination of the Authority the functions of the Authority,
including the leasing of the AICCM, the right to acquire clear title
to the AICCM upon payment of all bonds, and the requirement to make
lease payments to pay debt service on all bonds previously or
hereafter issued by OCIA shall be transferred from the Authority to
the American Indian Cultural Center and Museum Trust Authority
(AICCMTA) created pursuant to Section 1226.21 of this title. Upon
the termination of the Authority the remaining assets of the
Authority shall be transferred to the AICCMTA; provided, that any
unexpended funds held by the Authority for operational expenses of
the Authority or to enable the payment of principal and interest on
bonds or other obligations issued for the benefit of the Authority
or the AICCM shall be specifically transferred as provided by
paragraph 4 of this subsection. Assets to be transferred to the
AICCMTA shall include, but not be limited to, all remaining real
property and improvements, personal property, intellectual property,
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intangible property, rights and obligations pursuant to contract and
any other assets, which assets shall be made available to the City
to enable the City to exercise its rights and fulfill its
obligations under the agreements contemplated by paragraph 5 of this
subsection. Notwithstanding any other provision of law, the
Director Chief Operating Officer of OMES is hereby authorized and
directed to coordinate with the City, the Authority and the AICCMTA
to make such assets available for use by the City, for at least the
life of outstanding bonds, by management agreement, license or
otherwise, for the consideration contemplated by paragraph 5 of this
subsection, and to take all steps necessary to effectuate the
purpose of Section 1226 et seq. of this title. The AICCMTA, in
consultation with OMES, is hereby authorized to transfer to the City
any assets obtained by the Authority prior to its termination,
including real property, personal property, intellectual property
and intangible property, provided that measures are taken to ensure
the tax-exempt status of outstanding bonds, and provided further
that no such transfers shall take place in advance of the execution
of the agreement contemplated by paragraph 5 of this subsection.
For purposes of this paragraph, "outstanding bonds" shall include
any bonds or other obligations issued by OCIA pursuant to Section
304.2 of Title 73 of the Oklahoma Statutes.
4. Unexpended funds held by the Authority for operational
expenses of the Authority or to enable the payment of principal and
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interest on bonds or other obligations issued for the benefit of the
Authority or the AICCM shall, upon termination of the Authority,
transfer to the American Indian Cultural Center and Museum
Postcompletion Revolving Fund created by Section 1226.22 of this
title.
5. With the exception of Section 1226.20 of this title, Section
1226 et seq. of this title shall be null and void unless, prior to
January 15, 2016, or not later than the expiration of sixty (60)
days from such date with the approval of an extension of time, which
may be less than sixty (60) days, by the Director Chief Operating
Officer of the Office of Management and Enterprise Services upon a
showing by the parties that such extension is likely to result in
the execution of a final agreement, the Authority, the City and OMES
enter into a written agreement with the following minimum
provisions:
a. with the exception of funds provided pursuant to law
for the fiscal year ending June 30, 2016, neither the
State of Oklahoma, the Authority nor any other state
governmental entity shall have any responsibility for
providing funds for operation or maintenance of the
AICCM,
b. the City shall utilize all revenues derived from
admissions, event income, merchandise sales, food and
beverage sales at the AICCM and revenue from leases of
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the real property transferred to the City by paragraph
2 of this subsection, for the operation,
administration, management and maintenance of the
AICCM, for repairs and capital improvements thereto,
for the repair, maintenance, development and operation
of exhibits and cultural programs, and to provide
reserve funds for such purposes,
c. fifty percent (50%) of the total revenues in excess of
Seven Million Dollars ($7,000,000.00) each fiscal year
derived from each and all of the following sources
shall be credited to the General Revenue Fund of the
State Treasury until the total amount paid pursuant to
this subparagraph equals Twenty-five Million Dollars
($25,000,000.00):
(1) profits received by the City or its designee from
food and beverage sales occurring at AICCM,
(2) profits received by the City or its designee from
merchandise sales occurring at AICCM,
(3) profits received by the City or its designee from
events conducted at the AICCM,
(4) gross revenues derived from admissions to the
AICCM facility, and
(5) gross revenues derived from the lease of real
property transferred from the Authority to the
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City pursuant to the provisions of paragraph 2 of
this subsection.
The amount of Seven Million Dollars ($7,000,000.00)
prescribed by this subparagraph shall be adjusted, not
less often than once each five (5) years, based upon
increases, if any, in the Consumer Price Index-All
Urban Consumers (CPI-U) or its successor index, as
published by the United States Bureau of Labor
Statistics. The first adjustment shall be made on
July 1, 2020. The Office of Management and Enterprise
Services shall be responsible for monitoring and
auditing the payments required by the provisions of
this paragraph and may require the City to provide
such documentation regarding the accuracy and timing
of the payments as OMES may request. OMES shall
ensure that the agreement required by subparagraph f
of this paragraph contains enforceable provisions to
allow OMES to monitor and audit the payments required
by this subparagraph,
d. no later than the transfers provided for in paragraph
3 of this subsection, the City shall make payment to
the American Indian Cultural Center and Museum
Completion Fund created pursuant to Section 1226.20 of
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this title in the amount of Nine Million Dollars
($9,000,000.00) toward completion of the AICCM,
e. the agreement shall specify a plan for completion that
will result in the opening of the AICCM to the public
using a combination of funds provided or committed by
the state, the City and the other contributors to the
project,
f. the City, the Authority or its successor and OMES
shall enter into a separate operation, maintenance and
management agreement concerning the real property
described by the survey conducted pursuant to
subsection C of Section 1226.18 of this title and the
improvements constructed thereon, which separate
operation, maintenance and management agreement shall
be executed prior to the termination of the Authority
and include the following minimum terms:
(1) the term of the agreement shall be no less than
the remaining term of outstanding bonds,
including any bonds or other obligations issued
by OCIA pursuant to Section 304.2 of Title 73 of
the Oklahoma Statutes, or thirty (30) years,
whichever is longer,
(2) the City shall operate and manage the AICCM or
shall cause it to be operated and managed,
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(3) the state shall have no responsibility for the
operations and maintenance costs of the AICCM,
(4) the Authority or its successor shall deliver
possession of the AICCM to the City,
(5) the City shall have the right to make such
alterations and further improvements as it deems
necessary or desirable to further the success of
the AICCM and the surrounding commercial
development,
(6) the City shall have the right to assign its
rights under this agreement to a designee and to
engage third parties to fulfill its obligations
under this agreement,
(7) the City shall use its revenues from the AICCM
and the surrounding commercial development as
provided by this section, and
(8) within five (5) years after the date on which all
outstanding bonds, including any bonds or other
obligations issued by OCIA pursuant to Section
304.2 of Title 73 of the Oklahoma Statutes,
issued for the AICCM have been retired, the City
shall accept title of the AICCM and the real
property upon which it is located from the
Authority or its successor, and
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g. after execution of the agreement described by this
paragraph, the Director Chief Operating Officer of
OMES shall provide a copy of the executed version of
the agreement to the Governor, the Speaker of the
Oklahoma House of Representatives and the President
Pro Tempore of the Oklahoma State Senate.
6. Notwithstanding anything herein provided, the City shall be
authorized to transfer any assets, rights or responsibilities
transferred to it pursuant to Section 1226 et seq. of this title to
any of its instrumentalities, public trusts or designees as
appropriate and, with respect to the real property described as
provided for by subsection C of Section 1226.18 of this title and
improvements thereon, to contract with such public and private
entities as it deems proper for the purpose of exercising its rights
and carrying out its obligations pursuant to agreements contemplated
by Section 1226 et seq. of this title between the State of Oklahoma
and the City, and with respect to the property transferred by
paragraph 2 of this subsection to contract with such public and
private entities, including the leasing or transfer of property to
such public or private entities, as it deems proper for the purpose
of carrying out the commercial development of the unimproved
property.
7. Contracts and privileges which have been issued, made,
granted or allowed to become effective by the statutory entity that
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may be terminated by the provisions of Section 1226 et seq. of this
title or by any provision of law affected by Section 1226 et seq. of
this title shall continue in effect according to their terms until
terminated or modified by operation of law; provided, that the City
shall, upon termination of the Authority, be permitted to assume the
Authority's interest in such contracts.
8. Notwithstanding any other provision of law, any lease
revenue bonds or other obligations issued prior to or after
September 1, 2015, by OCIA or other state instrumentalities for the
benefit of the Authority and/or completion of the AICCM shall remain
in full force and effect, and any obligation, moral or otherwise, to
make payments under the lease or other agreements or to service the
lease revenue bonds or other obligations shall remain unaffected and
in full force and effect. It is the intent of the Legislature to
appropriate sufficient monies to the Authority or its successor for
deposit in the American Indian Cultural Center and Museum
Postcompletion Revolving Fund created by Section 1226.22 of this
title to cover the payment of all lease and other scheduled payments
for the purpose of retiring such lease revenue bonds or other
obligations.
C. The Authority shall consist of seven appointed members who
are members of a federally recognized American Indian Tribe located
within this state, six ex officio members and four appointed members
from the business community. Each appointed member, excluding ex
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officio members, shall have one vote for purposes of conducting the
business of the Authority. Except for the members appointed
pursuant to paragraph 3 of this subsection, the appointed members
shall be residents of the state, and shall have been qualified
electors therein for a period of at least one (1) year preceding
their appointment. Any member of the Authority shall be eligible
for reappointment, and no member shall be removed from office except
for good cause shown. Good cause may be shown in evidence of
excessive failure to attend three consecutive regular Board meetings
of the Authority. The chair of the Authority shall have the right
to remove any member pursuant to good cause. At the expiration of
any term, the person holding such office shall continue to serve
until such person's duly appointed successor shall be appointed and
qualified.
1. Seven members appointed to serve shall serve overlapping
terms and shall be chosen as follows: three members shall be
appointed by the Governor; two members shall be appointed by the
President Pro Tempore of the Senate; and two members shall be
appointed by the Speaker of the House of Representatives. Each of
these members shall be a member of a federally recognized American
Indian tribe located within this state. Such tribal membership
shall be determined by the respective tribes. Appointments shall be
made from names provided by tribal governments, councils or other
recognized tribal entities. Appointments shall be restricted to not
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more than one representative of any tribe. Such appointed members
initially appointed shall continue in office for terms of from three
(3) to seven (7) years, respectively, from the date of their
appointment, with the term of each initially appointed member to be
designated by the Governor at the time of the appointment, with one
member to be appointed to a three-year term, two members to be
appointed to a four-year term, one member to be appointed to a five-
year term, one member to be appointed to a six-year term, and two
members to be appointed to a seven-year term. Any person appointed
to fill a vacancy shall serve only for the unexpired term. Upon the
expiration of a term, on or after July 1, 2000, any succeeding term
shall be for four (4) years.
2. The six ex officio members shall be as follows: the
Oklahoma Native American Liaison, or the designee of the same; the
Lieutenant Governor, or the designee of same; the Director of the
Oklahoma Historical Society, or the designee of same; the Secretary
of Commerce, or the designee of same; the Executive Director of the
Oklahoma Arts Council, or the designee of same; and the Executive
Director of the Oklahoma Tourism and Recreation Department, or the
designee of the same.
3. The four appointed members from the business community shall
be chosen as follows: two members shall be appointed by the
Governor; one member shall be appointed by the Speaker of the House
of Representatives; and one member shall be appointed by the
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President Pro Tempore of the Senate. Each member shall have at
least fifteen (15) years of experience in business, banking, finance
or corporate law, and shall have demonstrated outstanding ability in
business or industry. However, in lieu of appointing a member with
such experience, one of the two members appointed by the Governor
may be a person who has exhibited at least three (3) years of
outstanding leadership and involvement in recognized Native American
organizations and activities. Upon the expiration of a term, on or
after July 1, 2000, any succeeding term shall be for four (4) years.
Any person appointed to fill a vacancy shall serve only for the
unexpired term.
D. The Authority shall elect one of its members as chairperson,
and another as vice-chairperson, and also shall elect a secretary,
treasurer and such other officers as the Authority may deem
appropriate. A majority of the members of the Authority (exclusive
of vacancies) shall constitute a quorum and the vote of a majority
of the members (exclusive of vacancies) shall be necessary for any
action taken by the Authority. No vacancy in the membership of the
Authority shall impair the right of a quorum to exercise all the
rights and perform all the duties of the Authority.
E. Before the issuance of any revenue bonds under the
provisions of Section 1226 et seq. of this title, each member of the
Authority shall execute a surety bond in the penal sum of Twenty-
five Thousand Dollars ($25,000.00) and the secretary and treasurer
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shall execute a surety bond in the penal sum of One Hundred Thousand
Dollars ($100,000.00), each such surety bond to be conditioned upon
the faithful performance of the duties of his or her office, to be
executed by a surety company authorized to transact business in the
State of Oklahoma as surety, and to be filed in the office of the
Secretary of State.
F. The members of the Authority shall not be entitled to
compensation for their services, but each member shall be reimbursed
for actual expenses necessarily incurred in the performance of
duties on behalf of the Authority; provided, that members of the
Authority shall be compensated for their travel expenses pursuant to
the State Travel Reimbursement Act. All expenses incurred in
carrying out the provisions of Section 1226 et seq. of this title
shall be payable solely from funds provided under the authority of
Section 1226 et seq. of this title and no liability or obligation
shall be incurred by the Authority hereunder beyond the extent to
which monies shall have been provided under the authority of Section
1226 et seq. of this title. With the exception of funds
appropriated to the Authority for the fiscal year ending June 30,
2016, no further appropriations shall be made to the Authority, or
to any successor state entity owning some interest in the AICCM, for
the purpose of operating the AICCM; provided, however, that
appropriations to pay debt service on revenue bonds or other
obligations issued heretofore or hereafter by OCIA or other state
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agencies for the benefit of the Authority will continue until all
such bonds or other obligations are fully paid.
G. The Authority is authorized to establish subcommittees as
necessary to perform its functions and duties. A subcommittee may
be composed of Authority members and/or nonmembers and shall not
have more than five members. Nonmembers of a subcommittee shall be
reimbursed by the Authority in accordance with the State Travel
Reimbursement Act.
H. Members of the Authority shall be exempt from the provisions
of Section 6 of Title 51 of the Oklahoma Statutes, which prohibits
the holding of any other office during the member's term of office
on the Authority.
I. The Directors and staff of the Authority employed to perform
the duties of Section 1226 et seq. of this title shall be considered
employees of the Authority. The employees of the Authority shall be
entitled to be reimbursed for actual and necessary expenses incurred
in the performance of duties on behalf of the Authority. Such
compensation for travel expenses shall be paid pursuant to the State
Travel Reimbursement Act.
J. Real property transferred by the Authority to any person,
firm, partnership, corporation, limited liability company, express
private trust, public trust or any other lawfully recognized entity
shall be subject to the same restrictions regarding the use of such
real property as contained in the instrument of conveyance by which
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the Authority acquired title to such real property, including, but
not limited to, any restriction regarding gambling activity upon
such real property.
SECTION 755. AMENDATORY 74 O.S. 2021, Section 1226.17,
is amended to read as follows:
Section 1226.17. There is hereby created in the State Treasury
a revolving fund for the Office of Management and Enterprise
Services (OMES) to be designated the "Native American Cultural and
Educational Authority Fund". The fund shall be a continuing fund,
not subject to fiscal year limitations. The fund shall consist of
all monies authorized by law for deposit in such fund including but
not limited to appropriations, gifts, grants, private donations, fee
revenues and funds by governmental or tribal government entities.
Monies deposited or apportioned to the credit of the fund may be
expended for the purposes authorized by law. All monies accruing to
the credit of the fund are hereby appropriated and may be budgeted
and expended by the Office of Management and Enterprise Services
(OMES). Expenditures from the fund shall be made upon warrants
issued by the State Treasurer against claims submitted to the
Director Chief Operating Officer of the Office of Management and
Enterprise Services.
SECTION 756. AMENDATORY 74 O.S. 2021, Section 1226.18,
is amended to read as follows:
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Section 1226.18. A. On July 1, 2020, or on the first day the
American Indian Cultural Center and Museum (AICCM) is open to the
public, whichever is sooner, the determination of which shall be
made by the Director Chief Operating Officer of OMES, the authority
of the Native American Cultural and Educational Authority
(Authority) to hold, use and dispose of real property and
improvements thereon shall be terminated, and title to the following
generally described real property and rights to improvements thereon
shall transfer to the American Indian Cultural Center and Museum
Trust Authority (AICCMTA):
1. A tract of land being a part of the East Half of Section 2,
Township 11 North, Range 3 West of the Indian Meridian, Oklahoma
County, Oklahoma, and being more particularly described as follows:
Commencing at the Northeast Corner of said Section 2,
Thence South 00°29'24" West along the East line of said Section
2, a distance of 1958.26 feet,
Thence North 89°30'36" West, a distance of 1240.19 feet to the
POINT OF BEGINNING,
Thence South 23°33'16" West a distance of 93.48 feet,
Thence on a nontangent curve to the right, having a radius of
340.91 feet, a chord bearing of South 38°38'40" East, a chord
distance of 187.41 feet, for an arc distance of 189.86 feet to a
point of tangency,
Thence South 22°41'33" East, a distance of 102.54 feet,
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Thence on a nontangent curve to the right, having a radius of
859.19 feet, a chord bearing of South 19°48'33" West, a chord
distance of 546.60 feet, for an arc distance of 556.26 feet,
Thence South 00°00'00" East, a distance of 169.81 feet,
Thence North 90°00'00" West, a distance of 258.96 feet,
Thence North 44°58'52" West, a distance of 208.81 feet,
Thence South 83°35'02" West, a distance of 229.85 feet to a
point of curvature,
Thence on a curve to the right, having a radius of 602.79 feet,
chord bearing of North 11°33'34" East, a chord distance of
1146.73 feet, for an arc distance of 2271.94 feet to a point of
tangency,
Thence South 60°27'53" East, a distance of 374.31 feet,
Thence South 70°57'26" East, a distance of 153.94 feet to the
POINT OF BEGINNING.
Said tract of land contains 33.62 acres, more or less; and
2. The basis of bearing of the description provided in this
section is derived from the Oklahoma State Plane Coordinate System
NAD83, Zone Oklahoma North with the East line of NE/4 of Section 2-
11N-3W having a bearing of South 00°29'26" West.
B. The legal description provided in subsection A of this
section is intended to include the real property upon which the
museum and cultural center improvements exist, including the
following specific elements:
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1. Hall of the People;
2. East Wing, including the Performance Facility;
3. North Gallery;
4. South Gallery;
5. Central Plant;
6. Promontory Mound; and
7. Visitor Center.
C. The instrument of conveyance as contemplated by subsection A
of this section shall reflect a legal description determined by a
current survey which ensures that the elements described in
subsection B of this section are included, and shall further reflect
a separate legal description for the sewer lift station.
D. The Office of Management and Enterprise Services (OMES), the
AICCMTA and, for so long as the Authority exists, the Authority are
hereby authorized and directed to grant such access and other
temporary and permanent easements upon and across the real property
described in this section as are necessary or desirable to promote
or ensure the successful development of the commercial property
transferred to the City of Oklahoma City (City) pursuant to
paragraph 2 of subsection B of Section 1226.2 of Title 74 of the
Oklahoma Statutes, and in connection therewith the Legislature finds
and hereby declares that the commitments entered into by the City as
contemplated by paragraph 5 of subsection B of Section 1226.2 of
Title 74 of the Oklahoma Statutes shall be adequate consideration.
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E. The AICCMTA and the Director Chief Operating Officer of OMES
are hereby authorized and directed to take all steps necessary to
effectuate the provisions of this act.
F. Real property transferred to AICCMTA by the Authority shall
be subject to the same restrictions regarding the use of such real
property as contained in the instrument of conveyance by which the
Authority acquired title to such real property, including, but not
limited to, any restriction regarding gambling activity upon such
real property.
SECTION 757. AMENDATORY 74 O.S. 2021, Section 1321V2, as
last amended by Section 29, Chapter 379, O.S.L. 2025 (74 O.S. Supp.
2025, Section 1321V2), is amended to read as follows:
Section 1321. A. The Oklahoma Health Care Authority shall have
the authority to determine all rates and life, dental and health
benefits. All rates shall be compiled in a comprehensive Schedule
of Benefits. The Schedule of Benefits shall be available for
inspection during regular business hours at the Oklahoma Health Care
Authority. The Authority shall have the authority to annually
adjust the rates and benefits based on claim experience.
B. The premiums for such insurance plans offered for the next
plan year shall be established as follows:
1. For active employees and their dependents, the Authority's
premium determination shall be made no later than the bid submission
date for health maintenance organizations set by the Oklahoma
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Employees Insurance and Benefits Board, which shall be set in August
no later than the third Friday of that month; and
2. For all other covered members and dependents, the
Authority's and the health maintenance organizations' premium
determinations shall be no later than the fourth Friday of
September.
C. The CEO of the Authority shall review for approval all rates
and life, dental, and health benefits for the state sponsored plans
recommended by the Oklahoma Employees Insurance and Benefits Board.
If approved by the CEO of the Authority, those rates and benefits
along with the final health maintenance organizations’ rates and
benefits shall be sent to the Director Chief Operating Officer of
the Office of Management and Enterprise Services for final approval.
D. The Office may approve a mid-year adjustment requested by
the Authority provided the need for an adjustment is substantiated
by an actuarial determination or more current experience rating.
The only publication or notice requirements that shall apply to the
Schedule of Benefits shall be those requirements provided in the
Oklahoma Open Meeting Act and within this section. It is the intent
of the Legislature that the benefits provided not include cosmetic
dental procedures except for certain orthodontic procedures as
adopted by the Chief Executive Officer of the Authority.
SECTION 758. AMENDATORY 74 O.S. 2021, Section 1372, is
amended to read as follows:
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Section 1372. The Office of Management and Enterprise Services
shall be responsible for making all determinations as to the rights
of any participant or any beneficiary of a participant to receive
amounts under the flexible spending account benefits plan. The
Office shall prescribe forms and procedures for making claims for
flexible spending account benefits under the plan. Each person
making a claim for benefits under the flexible spending account
benefits plan shall also furnish the Office with such documents,
evidence, data or information in support of such claim as the
Oklahoma Employees Insurance and Benefits Board considers necessary
or desirable. If any claim for the flexible spending account
benefits plan is wholly or partially denied, the claimant shall be
given notice in writing of such denial within a reasonable period of
time, but no later than forty-five (45) days after the claim is
filed.
A claimant whose claim is denied shall have the right to a
hearing before the Director Chief Operating Officer of the Office of
Management and Enterprise Services or hearing officer designated by
the Director Chief Operating Officer. Written notification by a
claimant for a hearing must be received by the executive director
within ten (10) business days of notification of claim denial. The
hearing shall be conducted within thirty (30) days in accordance
with the provisions of the Administrative Procedures Act. The
Office shall promulgate administrative rules establishing policies
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and procedures specific to the notice of denial, request for
explanation, and hearing for flexible spending account benefit
claims denial.
SECTION 759. AMENDATORY 74 O.S. 2021, Section 1375, is
amended to read as follows:
Section 1375. The Oklahoma Employees Insurance and Benefits
Board of the Office of Management and Enterprise Services shall make
the pretax health savings account authorized by the provisions of
the Health Savings Account Act established in Section 6060.14 of
Title 36 of the Oklahoma Statutes available by offering a high
deductible health plan to all persons who are eligible employees for
purposes of any health care insurance offered through or under the
supervision of the Office. The high deductible health plan shall be
offered no later than January 1, 2009. Any employee who elects to
participate in a high deductible health plan offered through the
Office of Management and Enterprise Services may establish a health
savings account (HSA) as defined in Section 223 of the Internal
Revenue Code. The Director Chief Operating Officer of the Office of
Management and Enterprise Services shall form a working group to
study the Oklahoma Employees Insurance and Benefits Plan structure,
including, but not limited to, future recommendations for the state
employee flexible benefits allowance and the potential of funding on
employee health savings accounts. The Director Chief Operating
Officer shall provide a report of the working group study and
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recommendations to the Legislature and Governor no later than
December 31, 2012.
SECTION 760. AMENDATORY 74 O.S. 2021, Section 1705, is
amended to read as follows:
Section 1705. There is hereby created in the State Treasury a
revolving fund for the Oklahoma State Employees Deferred
Compensation Plan. The fund shall be designated "The Oklahoma State
Employees Deferred Compensation Plan Fund". The revolving fund
shall be a continuing fund and shall consist of all monies other
than appropriated funds received by the Oklahoma State Employees
Deferred Compensation Plan pursuant to statutory authority. Monies
accruing to the fund may be expended by the Oklahoma Public
Employees Retirement System pursuant to the laws of this state.
Disbursements from the fund created herein shall be made on warrants
issued by the State Treasurer against claims submitted to the
Director Chief Operating Officer of the Office of Management and
Enterprise Services for payment.
SECTION 761. AMENDATORY 74 O.S. 2021, Section 1707, is
amended to read as follows:
Section 1707. A. Effective January 1, 1998, for each qualified
participant as defined in this section who is a state employee as
defined in this section, the Oklahoma Public Employees Retirement
System shall pay each month from funds appropriated or deposited to
the Oklahoma State Employees Deferred Savings Incentive Plan Fund
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created pursuant to this section the sum of Twenty-five Dollars
($25.00) to a plan established pursuant to the Internal Revenue
Code, Section 401(a), for the benefit of the employee; provided, if
monies in the fund are insufficient to fully fund the contributions
in any month, payments shall be suspended until such time as
sufficient monies are available. Employees receiving payroll other
than monthly shall have an amount contributed which is equivalent to
Twenty-five Dollars ($25.00) per month.
B. For the purposes of this section, "qualified participant"
means a state employee as defined in this section who is an active
participant in the Oklahoma State Employees Deferred Compensation
Plan making deferrals of at least Twenty-five Dollars ($25.00) per
month. A qualified participant shall not include an employee who
participates in the defined contribution system administered by the
Oklahoma Public Employees Retirement System on or after November 1,
2015. Effective July 1, 2000, each qualified participant shall be
eligible for a contribution of Twenty-five Dollars ($25.00) to the
Oklahoma State Employees Deferred Savings Incentive Plan beginning
with the first employee deferral into the Oklahoma State Employees
Deferred Compensation Plan. The Director Chief Operating Officer of
the Office of Management and Enterprise Services shall be
responsible for the provision of such information and assistance as
may be necessary to determine which employees are qualified
participants and shall provide for appropriate payroll transactions
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to accomplish contributions to the Oklahoma State Employees Deferred
Savings Incentive Plan and the Oklahoma State Employees Deferred
Compensation Plan. The Oklahoma Public Employees Retirement System
shall be responsible for establishing rules and plan documents for
administration of such contributions. Funds so credited shall be
held and invested in the same manner as the Oklahoma State Employees
Deferred Compensation Plan, as provided in Section 1701 of this
title.
C. For the purposes of this section, "state employee" means any
officer or employee of the executive, legislative, or judicial
branches of the government of this state who is an active member of
a public retirement system of this state, but does not include:
1. Employees of the public elementary, secondary, or area
vocational school districts;
2. Employees of The Oklahoma State System of Higher Education
except employees of the Oklahoma State Regents of Higher Education,
employees of the governing boards and employees of the Board of
Regents of the University of Oklahoma who are participating members
of the Oklahoma Public Employees Retirement System;
3. Persons on temporary, student, internship, or other limited-
term appointments except for Executive Fellows in the Carl Albert
Public Internship Program created in Section 840-3.4 of this title;
or
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4. Persons employed pursuant to Section 1.6a of Title 53 of the
Oklahoma Statutes.
D. No public official shall be able to make contributions to
the Section 401(a) plan described by this section during a term of
office which commenced prior to July 1, 1997. A public official may
make contributions to the Section 401(a) plan described by this
section during a term of office which commences after July 1, 1997.
No legislator shall be eligible to make contributions to the Section
401(a) plan described by this section until such contributions have
been approved by the Board on Legislative Compensation. The
provisions of this subsection shall be applicable only in the event
that the Plan permits employee contributions.
E. There is hereby created in the State Treasury a revolving
fund to be designated the "Oklahoma State Employees Deferred Savings
Incentive Plan Fund". The fund shall be a continuing fund, not
subject to fiscal year limitations, and shall consist of any monies
the Legislature may appropriate or transfer to the fund and any
monies contributed for the fund from any other sources, public or
private. All monies accruing to the credit of said fund are hereby
appropriated and may be budgeted and expended by the Oklahoma Public
Employees Retirement System for the matching of deferred
compensation contributions pursuant to this section and in
accordance with rules promulgated by the Oklahoma Public Employees
Retirement System and for reimbursement of expenses for
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administration of the Deferred Savings Incentive Plan and the
Oklahoma State Employees Deferred Compensation Plan. Expenditures
from the fund shall be made by warrants issued by the State
Treasurer against claims filed as prescribed by law with the
Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment.
F. Effective July 1, 2000, every employer which has state
employees participating in the Oklahoma State Employees Deferred
Savings Incentive Plan shall pay to the Fund an amount equal to
Twenty-five Dollars ($25.00) each month for each qualified
participant as defined in this section, along with an amount to
reimburse the cost of administration of the Oklahoma State Employees
Deferred Savings Incentive Plan and the Oklahoma State Employees
Deferred Compensation Plan for each qualified participant, as
determined by the Board.
1. The Board shall certify each year to the Office of
Management and Enterprise Services the determined amount for the
administrative cost of the Oklahoma State Deferred Savings Incentive
Plan and the Oklahoma State Employees Deferred Compensation Plan
which will be required to be paid for each qualified participant.
The Board of Trustees shall promulgate such rules as are necessary
to implement the provisions of this subsection and provide the
methodology for the determination.
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2. Each employer shall pay at least monthly to the Fund the sum
sufficient to satisfy the obligation under this section as certified
by the Board.
3. Each employer is hereby authorized to pay the employer's
contribution from the same fund that the compensation for which said
contribution is paid from or from any other funds available to it
for such purpose.
SECTION 762. AMENDATORY 74 O.S. 2021, Section 2251, is
amended to read as follows:
Section 2251. There is hereby created in the State Treasury a
revolving fund for the Department to be designated the "Oklahoma
Tourism and Recreation Department Revolving Fund". The fund shall
consist of all monies received by the Department pursuant to the
provisions of this act, monies derived from the sale or conveyance
of real property under the jurisdiction of the Commission, and
interest attributable to investment of money in the fund. The
revolving fund shall be a continuing fund not subject to fiscal year
limitations and shall be under the administrative direction of the
Department. Expenditures from the fund created by this section
shall be for the administration, operation, and maintenance expenses
of the Department, for purchase of real property, and shall be made
pursuant to the laws of this state and the statutes relating to the
Department. Expenditures from said fund shall be made upon warrants
issued by the State Treasurer against claims filed as prescribed by
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law with the Director Chief Operating Officer of the Office of
Management and Enterprise Services for approval and payment.
SECTION 763. AMENDATORY 74 O.S. 2021, Section 2252, is
amended to read as follows:
Section 2252. There is hereby created in the State Treasury a
revolving fund for the Department to be designated the "Oklahoma
Today Magazine Revolving Fund". The fund shall be a continuing
fund, not subject to fiscal year limitations, and shall consist of
all monies received by the Department from donations, gifts and
bequests by individuals, corporations, organizations, associations
and foundations specifying that such monies be expended on "Oklahoma
Today Magazine" and its ancillary products and activities. No state
monies shall be deposited in this fund. From monies deposited in
this fund, the Executive Director may reimburse the publisher of
"Oklahoma Today Magazine" and its staff for all actual and necessary
expenses for travel, subsistence and entertainment in order to gain
advertising and promotion for "Oklahoma Today Magazine", pursuant to
Section 500.18 of this title. All monies accruing to the credit of
said fund are hereby appropriated and may be budgeted and expended
by the Department for the purpose of supporting and promoting
"Oklahoma Today Magazine" and its ancillary products and activities,
and for soliciting contributions for other expenses for "Oklahoma
Today Magazine", so that the magazine can become self-supporting and
not dependent on state-appropriated funds in the future.
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Expenditures from the fund shall be made upon warrants issued by the
State Treasurer against claims filed as prescribed by law with the
Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment.
SECTION 764. AMENDATORY 74 O.S. 2021, Section 2253, is
amended to read as follows:
Section 2253. There is hereby created in the State Treasury a
revolving fund for the Oklahoma Tourism and Recreation Department to
be designated the "Tourism and Recreation Environmental Loan
Proceeds Revolving Fund". The fund shall be a continuing fund, not
subject to fiscal year limitations, and shall consist of all monies
received from the State Revolving Fund loan programs as administered
by the Oklahoma Water Resources Board designated specifically for
the purposes of reimbursements, construction, repair, remediation,
or improvement of eligible facilities under the jurisdiction of the
Oklahoma Tourism and Recreation Commission. The fund shall be under
the administrative direction of the Oklahoma Tourism and Recreation
Department. All monies accruing to the credit of the fund may be
budgeted and expended by the Oklahoma Tourism and Recreation
Department for the purpose of constructing, repairing, remediating,
improving loan eligible projects, reimbursing the Department for
eligible planning and design expenses, or paying for associated loan
financing requirements. Expenditures from the fund shall be made
upon warrants issued by the State Treasurer against claims filed as
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prescribed by law with the Director Chief Operating Officer of the
Office of Management and Enterprise Services for approval and
payment.
SECTION 765. AMENDATORY 74 O.S. 2021, Section 2254, is
amended to read as follows:
Section 2254. There is hereby created in the State Treasury a
revolving fund for the Oklahoma Tourism and Recreation Department to
be designated the "State Park System Improvement Revolving Fund".
The fund shall be a continuing fund not subject to fiscal year
limitations. The fund shall consist of all monies that are received
by the Department, from all entrance or day-use charges for the
state park system, including charges for an annual pass for visitors
to the state parks. All monies accruing to the fund are hereby
appropriated and may be expended by the Department at the state park
where the charges were collected as authorized by Section 2220 of
this title. Expenditures from the fund shall be made upon warrants
issued by the State Treasurer against claims filed as prescribed by
law with the Director Chief Operating Officer of the Office of
Management and Enterprise Services for approval and payment.
SECTION 766. AMENDATORY 74 O.S. 2021, Section 2254.1, is
amended to read as follows:
Section 2254.1. A. There is hereby created in the State
Treasury a revolving fund for the Oklahoma Tourism and Recreation
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Department to be designated the "Oklahoma Tourism and Recreation
Department Capital Expenditure Revolving Fund".
B. The fund shall be a continuing fund, not subject to fiscal
year limitations, and shall consist of all monies received by the
Oklahoma Tourism and Recreation Department from the apportionment of
gross production tax revenues as prescribed by Section 1004 of Title
68 of the Oklahoma Statutes.
C. All monies accruing to the credit of said fund are hereby
appropriated and may be budgeted and expended by the Oklahoma
Tourism and Recreation Department for the purpose of one-time
capital expenditures for capital assets owned, managed or controlled
by the Oklahoma Tourism and Recreation Department.
D. Expenditures from said fund shall be made upon warrants
issued by the State Treasurer against claims filed as prescribed by
law with the Director Chief Operating Officer of the Office of
Management and Enterprise Services for approval and payment.
E. No monies in the fund shall be used for the payment of
administrative expenses, salary or any other continuing obligation
of the Oklahoma Tourism and Recreation Department.
SECTION 767. AMENDATORY 74 O.S. 2021, Section 2254.2, is
amended to read as follows:
Section 2254.2. A. There is hereby created in the State
Treasury a revolving fund for the Oklahoma Tourism and Recreation
Department to be designated the "Oklahoma Tourism and Recreation
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Department Reimbursement and Donation Fund". The fund shall be a
continuing fund, not subject to fiscal year limitations, and shall
consist of donations, insurance reimbursements, Federal Emergency
Management Agency (FEMA) payments and other reimbursement monies
received by the Oklahoma Tourism and Recreation Department.
B. All monies accruing to the credit of the fund are hereby
appropriated and may be budgeted and expended by the Oklahoma
Tourism and Recreation Department.
C. No monies from this revolving fund shall be transferred for
any purpose to any other state agency. Expenditures from the fund
shall be made upon warrants issued by the State Treasurer against
claims filed as prescribed by law with the Director Chief Operating
Officer of the Office of Management and Enterprise Services for
approval and payment.
SECTION 768. AMENDATORY 74 O.S. 2021, Section 2255, is
amended to read as follows:
Section 2255. A. There is hereby created a petty cash fund in
the revolving fund of each of the properties or activities with
sales under the control of the Oklahoma Tourism and Recreation
Department. The petty cash funds shall be such amounts as are
determined to be necessary by the Director Chief Operating Officer
of the Office of Management and Enterprise Services and the
Executive Director of the Department. Petty cash funds may be
expended for the payment of emergency purchases, for postage due,
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for bank charges, for resale merchandise and firewood purchases
under One Hundred Dollars ($100.00), for refund of charges for
returned merchandise, for refund of advance deposits, to reimburse
lease concessions, for purchases charged to guests' statements of
account, to reimburse employees for gratuities charged to guests'
statements of account, to pay artisans the net proceeds resulting
from the sale of consignment arts and crafts products, to purchase
beverage and vending licenses, and pursuant to the Oklahoma
Alcoholic Beverage Control Act and any amendments thereto, pursuant
to Title 37A of the Oklahoma Statutes, for Alcoholic Beverage Laws
Enforcement Commission (ABLE) licenses to purchase alcoholic
beverages, as defined in Section 1-103 of Title 37A of the Oklahoma
Statutes, from licensed wine and spirit wholesalers and beer
distributors.
B. The petty cash funds may be reimbursed by the State
Treasurer upon the filing of a claim with the proper receipts or
from the agency clearing account if the petty cash disbursement was
a refund of erroneous or excessive collections or credits. Petty
cash funds may be reimbursed from the agency clearing account for
shortages accruing to the account. Reimbursements are to be made
from the revolving fund. The Director Chief Operating Officer of
the Office of Management and Enterprise Services shall prescribe all
forms, systems and procedures for administering the petty cash funds
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of the various properties or activities with sales under the control
of the Department.
SECTION 769. AMENDATORY Section 1, Chapter 425, O.S.L.
2024, as amended by Section 1, Chapter 245, O.S.L. 2025 (74 O.S.
Supp. 2025, Section 2294.1), is amended to read as follows:
Section 2294.1. There is hereby created in the State Treasury a
revolving fund for the Oklahoma Historical Society, to be designated
the "Oklahoma Museum of Popular Culture Supplemental Revolving
Fund". The fund shall be a continuing fund, not subject to fiscal
year limitations, and shall consist of all monies received by the
Oklahoma Historical Society from appropriations of the Legislature
designated for deposit in this fund. All monies accruing to the
credit of the fund are hereby appropriated and shall be budgeted and
expended to provide funding for repairs, planning, staging,
refurbishments, and improvements to real and personal property, and
funding for construction of the Oklahoma Museum of Popular Culture.
No expenditures shall be made from the fund until the State
Treasurer determines that funds provided by local and county
governments, the federal government, or through monetary donations
or enforceable pledges for monetary donations in the amount of
Eighteen Million Dollars ($18,000,000.00) are made for repairs,
planning, staging, refurbishments, and improvements to real and
personal property, and funding for construction of the Oklahoma
Museum of Popular Culture; provided, no funds collected or received
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prior to May 25, 2021, shall be counted toward the amount.
Expenditures from the fund shall be made upon warrants issued by the
State Treasurer against claims filed as prescribed by law with the
Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment. On November 15, 2025,
if no determination is made by the State Treasurer pursuant to the
provisions of this section authorizing expenditures from this fund,
all unencumbered funds remaining in the Oklahoma Museum of Popular
Culture Supplemental Revolving Fund shall be transferred to the
State Treasurer for deposit in the General Revenue Fund of the State
Treasury for the fiscal year ending June 30, 2024.
SECTION 770. AMENDATORY 74 O.S. 2021, Section 3001, as
amended by Section 1, Chapter 252, O.S.L. 2022 (74 O.S. Supp. 2025,
Section 3001), is amended to read as follows:
Section 3001. State Use Advisory Council- Members - Purpose.
A. There is hereby created in the Office of Management and
Enterprise Services an advisory council to be known as the "State
Use Advisory Council". The Council shall consist of seven (7)
members:
1. A private citizen conversant with the employment needs of
people with significant disabilities who shall be appointed by and
serve at the pleasure of the Governor to act as an advocate for the
employment needs of people with significant disabilities;
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2. The Director Chief Operating Officer of the Office of
Management and Enterprise Services or designee;
3. The Director of the Department of Rehabilitation Services,
or designee;
4. One member who shall be a state use provider who shall be
appointed by the President Pro Tempore of the Senate;
5. An individual or a parent or guardian of an individual with
significant disabilities who participates in vocational programming
through a qualified nonprofit agency for individuals with
disabilities, to be appointed by the Speaker of the House of
Representatives;
6. The Director of Human Services, or designee; and
7. A person employed by the Office of Management and Enterprise
Services Central Purchasing Division as a contracting officer,
appointed by the State Purchasing Director.
B. The private citizens on the Council shall serve for a period
of two (2) years and may be reappointed by the appointing authority.
Any private citizen appointed pursuant to this section to fill a
vacancy occurring prior to the expiration of the term for which the
predecessor was appointed shall be appointed only for the remainder
of the term.
The State Use Advisory Council shall meet a minimum of twice a
year for the purpose of exchanging ideas to market and improve the
State Use Program.
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SECTION 771. AMENDATORY Section 2, Chapter 252, O.S.L.
2022 (74 O.S. Supp. 2025, Section 3001.1), is amended to read as
follows:
Section 3001.1. The State Purchasing Director, under the
supervision of the Director Chief Operating Officer of the Office of
Management and Enterprise Services, shall have authority and
responsibility to administer and oversee the State Use Program
including but not limited to:
1. Promulgating rules relating to the program;
2. Qualification of organizations participating in the program;
3. Contracting with qualified organizations for products and
services to be included on the procurement schedule;
4. Determination of fair market price of all products and
services to be included on the procurement schedule; and
5. Designation and publication of a procurement schedule.
SECTION 772. AMENDATORY 74 O.S. 2021, Section 3004.2, as
amended by Section 6, Chapter 252, O.S.L. 2022 (74 O.S. Supp. 2025,
Section 3004.2), is amended to read as follows:
Section 3004.2. There is hereby created in the State Treasury a
revolving fund for the Office of Management and Enterprise Services
to be designated the "State Use Advisory Council Revolving Fund".
The fund shall be a continuing fund, not subject to fiscal year
limitations, and shall consist of all proceeds from the management
fee or levy on contracts for purchases of products or services of
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people with significant disabilities, as provided in Section 3004.1
of this title. The fund shall be invested in any of the types of
instruments in which the State Treasurer is authorized by law to
invest. Interest earned shall be retained by the fund. All monies
accruing to the credit of the fund are hereby appropriated and may
be budgeted and expended by the Office of Management and Enterprise
Services for the salary and other administrative expenses of the
buyer and clerical and technical support in the Central Purchasing
Division of the Office of Management and Enterprise Services
responsible for contracts for the products and services of people
with significant disabilities and expenses the Office incurs to
support State Use operations including services of the Centralized
Non-Profit Agency (CNA). Expenditures from the fund shall be made
upon warrants issued by the State Treasurer against claims filed as
prescribed by law with the Director Chief Operating Officer of the
Office of Management and Enterprise Services for approval and
payment.
SECTION 773. AMENDATORY 74 O.S. 2021, Section 3200.2, is
amended to read as follows:
Section 3200.2. A. There is hereby created the Health Care
Workforce Resources Board whose purpose shall be to govern the
Health Care Workforce Resources Center promoting the purposes for
which the Health Care Workforce Resources Center was created in the
Health Care Workforce Resources Act.
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B. 1. The Board shall consist of nineteen (19) members as
follows:
a. two members of the Oklahoma State Senate. One member
shall be appointed by the President Pro Tempore of the
Senate and one member shall be appointed by the
minority leader of the Senate,
b. two members of the Oklahoma House of Representatives.
One member shall be appointed by the Speaker of the
House of Representatives and one member shall be
appointed by the minority leader of the House of
Representatives,
c. the Chancellor of the Oklahoma State Regents for
Higher Education or a designee,
d. the Director of the Oklahoma Department of Career and
Technology Education or a designee,
e. the State Superintendent of Public Instruction or a
designee,
f. the Secretary of Health or a designee,
g. the Commissioner of Health or a designee,
h. a representative of the Governor's Council for
Workforce and Economic Development,
i. a representative of the University of Oklahoma Health
Sciences Center, designated by the president of that
institution,
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j. a representative of the Office of Management and
Enterprise Services, designated by the Director Chief
Operating Officer of the Office of Management and
Enterprise Services, and
k. a representative of the Oklahoma State University
Center for Health Sciences, designated by the
president of that institution.
2. Six members shall be appointed by the Governor as follows:
a. one member of a statewide association representing
urban and rural hospitals,
b. one member of a statewide association representing
nurses,
c. one member of a statewide association representing
allopathic physicians,
d. one member of a statewide association representing
osteopathic physicians,
e. one member representing the long-term care industry
chosen from a list of at least three names submitted
by a statewide association representing urban and
rural nursing homes, and
f. one lay member who shall represent the general public.
3. All designated members shall serve at the pleasure of their
designators. The initial appointments of the Governor shall be for
the following terms:
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a. the initial term of the member of a statewide
association representing urban and rural hospitals
shall be for a three-year term,
b. the initial term of the member of a statewide
association representing nurses shall be for a three-
year term,
c. the initial term of the member of a statewide
association representing allopathic physicians shall
be for a two-year term,
d. the initial term of the member of a statewide
association representing osteopathic physicians shall
be for a two-year term,
e. the initial term of the member representing the long-
term care industry shall be for a one-year term, and
f. the initial term of the lay member representing the
general public shall be for a one-year term.
4. After the initial terms, all other terms of members
appointed by the Governor shall be for four-year terms. Members
appointed by the Governor may be removed by the Governor for cause.
A vacancy of an appointed member shall be filled in the same manner
as the original appointment for the unexpired portion of the term.
5. The Board shall elect from among its membership a chair and
a vice-chair and shall adopt procedures for the governance of its
operations. Ten members shall constitute a quorum for the
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transaction of business. The Board shall meet at such times as it
deems appropriate.
6. Members of the Board shall receive no compensation for their
services but may be reimbursed for reasonable and necessary travel
expenses incurred in the performance of their duties by their
respective legislative house or state agency pursuant to the
provisions of the State Travel Reimbursement Act. Members appointed
by the Governor shall be reimbursed by the Oklahoma State Regents
for Higher Education pursuant to the provisions of the State Travel
Reimbursement Act.
7. Until such time as private or public funds become available,
administrative support for the Board, including, but not limited to,
personnel necessary to ensure the proper performance of the duties
and responsibilities of the Board shall be provided by the Oklahoma
State Regents for Higher Education and the Oklahoma Department of
Health. All represented agencies shall provide any additional
administrative support requested by the Board.
C. The duties of the Health Care Workforce Resources Board
shall include, but not be limited to, the hiring of, or contracting
for, an Executive Director of the Health Care Workforce Resources
Center as private or public funds become available. The Executive
Director shall report to the Board and be responsible for the hiring
of staff and activities of the Health Care Workforce Resources
Center as stated in the Health Care Workforce Resources Act. These
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activities include contracting for services including, but not
limited to, data collection and analysis and Web support. Until
such time as private or public funds become available to hire an
Executive Director, the Board shall be responsible for activities of
the Health Care Workforce Resources Center.
SECTION 774. AMENDATORY 74 O.S. 2021, Section 3605, is
amended to read as follows:
Section 3605. A. There is hereby re-created, the Contingency
Review Board consisting of the following ex officio voting members:
1. The Governor;
2. The Speaker of the House of Representatives;
3. The President Pro Tempore of the Senate; and
4. The Director Chief Operating Officer of the Office of
Management and Enterprise Services shall be an ex officio nonvoting
member of the Board.
B. The Governor shall act as Chair of the Board. The Director
Chief Operating Officer of the Office of Management and Enterprise
Services shall be the Executive Secretary of the Board and shall
perform all the duties pertaining to such position.
C. A simple majority of the total voting membership shall be
required to constitute a quorum and shall be necessary for any
official action of the Board.
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D. The Board shall hold such meetings as are necessary to carry
out the purposes of this act. The Board shall meet at the call of
the Governor.
SECTION 775. AMENDATORY 74 O.S. 2021, Section 4103, is
amended to read as follows:
Section 4103. A. The State Capitol Preservation Commission
shall be composed of fifteen (15) members as follows:
1. Three members shall be appointed by the Governor;
2. Three members shall be appointed by the President Pro
Tempore of the Senate;
3. Three members shall be appointed by the Speaker of the House
of Representatives;
4. One member shall be appointed by the Chief Justice of the
Oklahoma Supreme Court; and
5. The following shall be ex officio members:
a. Chairman of the Oklahoma Arts Council,
b. President of the Oklahoma Historical Society,
c. Capitol Architect and Curator,
d. Superintendent of the Capitol, and
e. Director Chief Operating Officer of the Office of
Management and Enterprise Services or a designee.
B. The initial term of office of the appointed members shall be
as follows:
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1. One of the members appointed by the Governor, the President
Pro Tempore of the Senate, the Speaker of the House of
Representatives, and the member appointed by the Chief Justice of
the Oklahoma Supreme Court shall serve a one-year term;
2. One of the members appointed by the Governor, the President
Pro Tempore of the Senate, and the Speaker of the House of
Representatives shall serve a three-year term; and
3. One of the members appointed by the Governor, the President
Pro Tempore of the Senate, and the Speaker of the House of
Representatives shall serve a five-year term.
The term of office for each successor shall be for five (5)
years. Any member of the Legislature who is appointed to the
Commission shall serve only as long as the member is a member of the
respective house from which the member was appointed.
C. The Commission shall elect a chair and a vice-chair from its
membership to serve for a period of two (2) years. Members of the
Commission shall not be compensated except for reimbursement as
provided in the State Travel Reimbursement Act.
D. The Office of Management and Enterprise Services shall make
the necessary arrangements for support services for the State
Capitol Preservation Commission.
SECTION 776. AMENDATORY 74 O.S. 2021, Section 4105, is
amended to read as follows:
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Section 4105. There is hereby established the position of the
Capitol Architect and Curator who shall:
1. Develop the technical plans and programs for consideration
by the State Capitol Preservation Commission and the Long-Range
Capital Planning Commission with regard to restoration, renovation,
and preservation of the Capitol and the Governor's Mansion;
2. Develop and enforce standards adopted for acquisition and
display of works of art in and surrounding the Capitol and the
Governor's Mansion;
3. Coordinate space demands of the various agencies in the
Capitol and the Governor's Mansion;
4. Maintain a record of all structural and decor changes made
in the Capitol and the Governor's Mansion; and
5. Make recommendations to the State Capitol Preservation
Commission of necessary action on proposed modifications in decor or
design to ensure preservation and maintenance of the cultural and
historic integrity of the Capitol and the Governor's Mansion.
The Director Chief Operating Officer of the Office of Management
and Enterprise Services may contract for the services of a Capitol
Architect and Curator or employ such an individual on either a full-
or part-time basis. Compensation for the position will be in accord
with similar professional positions in state government.
SECTION 777. AMENDATORY 74 O.S. 2021, Section 4109, is
amended to read as follows:
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Section 4109. By the order of the Director Chief Operating
Officer of the Office of Management and Enterprise Services,
restoration and preservation projects of the State Capitol Building
or of the Governor's Mansion may be exempted from the provisions of
the Public Competitive Bidding Act of 1974, Section 101 et seq. of
Title 61 of the Oklahoma Statutes. For exempted State Capitol
Building or Governor's Mansion construction projects, the Office of
Management and Enterprise Services shall select among contractors
qualified by past experience to conduct historical preservation
projects.
SECTION 778. AMENDATORY 74 O.S. 2021, Section 4121, is
amended to read as follows:
Section 4121. A. In order to establish a public employee
benefit program to encourage outstanding performance in the
workplace, the Director Chief Operating Officer of the Office of
Management and Enterprise Services is hereby directed to establish
an on-the-job employee performance recognition program which
encourages outstanding job performance and productivity.
B. In order to promote excellence in job performance and
provide recognition for work units with exceptional performance,
state agencies are authorized to expend from monies available in the
agency's operating funds so much thereof as may be necessary for the
purchase of recognition awards for presentation to the members of
work units or individual employees with exceptional job performance
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records or for other significant contributions to the operation of
the agency. State agencies may also provide for such recognition
awards to be cash awards.
C. Recognition awards may be presented to members of work units
or individual employees having exceptional job performance records
or other significant contributions and such awards may be presented
at a formal or informal ceremony, banquet or reception, the cost of
which may be expended from monies available in the agency's
operating funds.
D. 1. Recognition awards may consist of distinctive wearing
apparel, service pins, plaques, writing pens, or other distinguished
awards of a value not exceeding One Hundred Fifty Dollars ($150.00)
per recognized employee each fiscal year to recognize the
achievement of the work unit or individual employee.
2. In addition to recognition awards listed in paragraph 1 of
this subsection, the agency may establish an employee cash
recognition program not to exceed Five Hundred Dollars ($500.00) per
recognized employee each fiscal year.
SECTION 779. AMENDATORY 74 O.S. 2021, Section 4190, is
amended to read as follows:
Section 4190. A. The Director Chief Operating Officer of the
Office of Management and Enterprise Services is authorized to
approve and administer child care centers for minor dependents of
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state employees, and may provide consultation to state agencies
regarding child care centers.
B. The Office of Management and Enterprise Services, the
Department of Human Services, and the Oklahoma State Department of
Health are directed to assist the Director Chief Operating Officer
of the Office of Management and Enterprise Services in the
implementation of Sections 4190 through 4192 of this title.
C. The Director Chief Operating Officer is authorized to
promulgate any rules necessary for the establishment and
implementation of Sections 4190 through 4192 of this title.
D. Licensed spaces in the child care centers shall be open to
all eligible children, including those individuals not employed by
the State of Oklahoma and those financially eligible for Department
of Human Services child care assistance. However, minor dependents
of state employees shall be given highest priority and children
financially eligible for Department of Human Services child care
assistance second priority for all vacant spaces.
E. The Director Chief Operating Officer shall approve rates for
child care consistent with the rates of the industry within the
geographic area.
SECTION 780. AMENDATORY 74 O.S. 2021, Section 4191, is
amended to read as follows:
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Section 4191. A. The Director Chief Operating Officer of the
Office of Management and Enterprise Services shall establish and
administer child care centers with funds available for that purpose.
B. The Director Chief Operating Officer of the Office of
Management and Enterprise Services may approve a consortium,
partnership, cooperative or agreement to provide child care centers
with other public or private employers.
C. The child care centers shall be operated through a contract
with child care providers. Specifications for a contract shall be
developed with the assistance of, and subject to the approval of,
the Director Chief Operating Officer of the Office of Management and
Enterprise Services. Any such contract shall be made through the
Central Purchasing Division of the Office of Management and
Enterprise Services. The low bid will not be the single qualifier.
Any child care provider shall be required to carry sufficient
liability insurance coverage which will pay damages incurred as a
result of the negligent acts or omissions of an employee of the
child care provider within the scope of the employment of such
person. Any child care provider shall meet or exceed applicable
state child care facilities licensure standards.
D. Nothing in this section shall prevent the Director Chief
Operating Officer from utilizing paragraph 13 of Section 85.5 of
this title and paragraph 3 of subsection A of Section 85.7 of this
title to continue the operation of a child care center with
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emergency contracts when the service provider's contract is canceled
or terminated before another qualified service provider is procured.
The employees of the Office of Management and Enterprise Services
shall not be employed to operate the centers.
E. Any parent utilizing the services of a child care center
shall be responsible for the charges assessed by the child care
provider for child care services.
SECTION 781. AMENDATORY 74 O.S. 2021, Section 4192, is
amended to read as follows:
Section 4192. There is hereby created in the State Treasury a
revolving fund for the Office of Management and Enterprise Services,
to be designated the "Child Care Revolving Fund". The fund shall be
a continuing fund, not subject to fiscal year limitations, and shall
consist of all monies received by the Office of Management and
Enterprise Services, from appropriations or fees. All monies
accruing to the credit of said fund are hereby appropriated and may
be budgeted and expended by the Office of Management and Enterprise
Services for the purpose of establishing and administering child
care centers. All expenditures from said revolving fund shall be
made upon warrants issued by the State Treasurer against claims
filed as prescribed by law with the Director Chief Operating Officer
of the Office of Management and Enterprise Services for approval and
payment.
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SECTION 782. AMENDATORY 74 O.S. 2021, Section 4258, is
amended to read as follows:
Section 4258. A. There is hereby created in the State Treasury
a revolving fund for the Ethics Commission to be designated the
"Ethics Commission Fund". The Ethics Commission Fund shall be a
continuing fund, not subject to fiscal year limitations, and
deposits to the fund shall consist of the first One Hundred Fifty
Thousand Dollars ($150,000.00) of fees received by the Commission
each fiscal year. Fees collected each fiscal year in excess of One
Hundred Fifty Thousand Dollars ($150,000.00) shall be placed to the
credit of the Ethics Commission Online Filing Revolving Fund created
pursuant to Section 2 of this act.
B. All monies accruing to the credit of the Ethics Commission
Fund are hereby appropriated and may be budgeted and expended by the
Commission for any expenses incurred in the implementation of its
duties as provided by law. Expenditures from the fund shall be made
upon warrants issued by the State Treasurer against claims filed as
prescribed by law with the Director Chief Operating Officer of the
Office of Management and Enterprise Services for approval and
payment.
SECTION 783. AMENDATORY 74 O.S. 2021, Section 4258.1, as
amended by Section 1, Chapter 477, O.S.L. 2025 (74 O.S. Supp. 2025,
Section 4258.1), is amended to read as follows:
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Section 4258.1. There is hereby created in the State Treasury a
revolving fund for the Ethics Commission to be designated the
"Political Subdivisions Enforcement Fund". The fund shall be a
continuing fund, not subject to fiscal year limitations, and shall
consist of all funds appropriated by the Legislature to the fund and
all late filing fees, fines from settlement agreements and fines
assessed by the District Court for violations of the County Campaign
Finance and Financial Disclosure Act, the Municipal Campaign Finance
and Financial Disclosure Act, and the Technology Center District and
Independent School District Campaign Finance and Financial
Disclosure Act. All monies accruing to the credit of the fund are
hereby appropriated and may be budgeted and expended by the
Commission for any expenses incurred by the Political Subdivisions
Enforcement Division. Expenditures from the fund shall be made upon
warrants issued by the State Treasurer against claims filed as
prescribed by law with the Director Chief Operating Officer of the
Office of Management and Enterprise Services for approval and
payment. No later than January 31, 2016, and every year thereafter,
the State Treasurer shall transfer to the General Revenue Fund of
the state any monies in the fund in excess of Four Hundred Fifty
Thousand Dollars ($450,000.00). If at any time the amount of money
in the fund is less than One Hundred Thousand Dollars ($100,000.00),
the Executive Director of the Commission may order that there be no
further enforcement by the Political Subdivisions Enforcement
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Division until the amount of money in the fund is more than One
Hundred Thousand Dollars ($100,000.00).
SECTION 784. AMENDATORY 74 O.S. 2021, Section 4258.2, is
amended to read as follows:
Section 4258.2. A. There is hereby created in the State
Treasury a revolving fund for the Ethics Commission to be designated
the "Ethics Commission Online Filing Revolving Fund". The fund
shall be a continuing fund, not subject to fiscal year limitations,
and deposits to the fund shall consist of the first Two Hundred
Thousand Dollars ($200,000.00) of monies designated for deposit to
the fund pursuant to the provisions of Section 4258 of Title 74 of
the Oklahoma Statutes each fiscal year and all monies appropriated
to the fund pursuant to an act of the Legislature.
B. Monies designated for deposit to the fund in excess of Two
Hundred Thousand Dollars ($200,000.00) each fiscal year shall be
placed to the credit of the General Revenue Fund. All monies
accruing to the credit of said fund are hereby appropriated and may
be budgeted and expended by the Commission for the purpose of:
1. Developing, maintaining and administering the Commission's
online filing system; and
2. The payment of fees and charges to other state agencies for
information technology services.
Expenditures from said fund shall be made upon warrants issued by
the State Treasurer against claims filed as prescribed by law with
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the Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment.
SECTION 785. AMENDATORY Section 1, Chapter 424, O.S.L.
2024 (74 O.S. Supp. 2025, Section 4258.3), is amended to read as
follows:
Section 4258.3. There is hereby created in the State Treasury a
revolving fund for the Ethics Commission to be designated the
“Ethics Commission Electronic Filing System Replacement Fund”. The
fund shall be a continuing fund, not subject to fiscal year
limitations, and shall consist of all monies received by the Ethics
Commission from legislative appropriations provided for the purpose
of replacing the Ethics Commission’s electronic filing system. All
monies accruing to the credit of the fund are hereby appropriated
and may be budgeted and expended by the Ethics Commission for the
purpose provided for in this section. Expenditures from the fund
shall be made upon warrants issued by the State Treasurer against
claims filed as prescribed by law with the Director Chief Operating
Officer of the Office of Management and Enterprise Services for
approval and payment.
SECTION 786. AMENDATORY 74 O.S. 2021, Section 5001, is
amended to read as follows:
Section 5001. A. The Oklahoma Economic Development Commission,
the Office of the Governor - Department of Economic Development, and
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the Department of Economic and Community Affairs are hereby
abolished.
B. All powers, duties, responsibilities, property, personnel,
assets, liabilities, fund balances, encumbrances and obligations of
the Oklahoma Economic Development Commission, the Office of the
Governor - Department of Economic Development, and the Department of
Economic and Community Affairs are hereby transferred to the
Oklahoma Department of Commerce or other appropriate governmental
entity as provided for in this act. As soon as possible the offices
and staff of the Oklahoma Department of Commerce shall be moved to a
common location.
C. The current Tulsa field office of the Department of Commerce
shall be designated as the Tulsa Division of the Department of
Commerce. The Tulsa Division shall include, but not be limited to
the following services: film industry promotion, international
trade recruitment and export assistance, trade reference, business
expansion and start-up, small business assistance, economic and
community development financing, and economic and community
development.
All powers, duties, responsibilities, property, personnel, and
assets of the Division of Waterways of the Department of Commerce
abolished by this act are hereby transferred to the Department of
Transportation.
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The Department of Commerce shall transfer only those employees
requesting to be transferred to the Tulsa Division, provided the
employee meets the criteria established by the Department for
positions to be placed in the Tulsa Division, and shall fill any
remaining positions at the Tulsa Division through accrued vacancies
within the Department of Commerce.
D. All powers, duties, responsibilities, property, personnel,
assets, liabilities, fund balances, encumbrances and obligations of
the film industry program in the Marketing Division of the Oklahoma
Department of Tourism and Recreation are hereby transferred to the
Oklahoma Department of Commerce.
E. The Director Chief Operating Officer of the Office of
Management and Enterprise Services shall coordinate the transfers
made pursuant to subsections B and D of this section.
SECTION 787. AMENDATORY 74 O.S. 2021, Section 5012, is
amended to read as follows:
Section 5012. A. There is hereby created the "Oklahoma
Department of Commerce Revolving Fund". The fund shall consist of
all monies, other than appropriated monies, received by the
Department which are not directed to be placed into another fund.
The fund shall be a continuing fund not subject to fiscal year
limitations and shall be subject to the administrative direction of
the Oklahoma Department of Commerce. Expenditures from the fund
shall be made upon warrants issued by the State Treasurer against
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claims submitted to the Director Chief Operating Officer of the
Office of Management and Enterprise Services. Monies in the fund
may be expended for the operating expenses of the Department and
shall be made pursuant to the laws of this state.
B. On July 1, 1986, any unallotted cash balance in the funds
created in Sections 678 and 2008 of this title shall be transferred
to the Oklahoma Department of Commerce Revolving Fund. All
outstanding financial obligations and encumbrances of the funds
created in Sections 678 and 2008 of this title are hereby
transferred to the Oklahoma Department of Commerce. After November
15, 1986, any unexpended balance in the funds created in Sections
678 and 2008 of this title shall be transferred to the Oklahoma
Department of Commerce Revolving Fund.
SECTION 788. AMENDATORY 74 O.S. 2021, Section 5013, is
amended to read as follows:
Section 5013. A. There is hereby created the "Community
Planning Project Revolving Fund". The fund shall consist of any
monies appropriated thereto and any monies payable to the Oklahoma
Department of Commerce by the United States Federal Government or
cities, towns, or counties of the State of Oklahoma for assistance
in communities' planning projects. The fund shall be a continuing
fund not subject to fiscal year limitations and shall be subject to
the administrative direction of the Oklahoma Department of Commerce.
Expenditures from the fund shall be made upon warrants issued by the
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State Treasurer against claims submitted to the Director Chief
Operating Officer of the Office of Management and Enterprise
Services. The monies deposited in the revolving fund shall be
expended by the Oklahoma Department of Commerce to pay the cost of
providing these services for the various planning projects.
B. On July 1, 1986, any unallotted cash balance in the fund
created in Section 686 of this title shall be transferred to the
Community Planning Project Revolving Fund. All outstanding
financial obligations and encumbrances of the fund created in
Section 686 of this title are hereby transferred to the Oklahoma
Department of Commerce. After November 15, 1986, any unexpended
balance in the fund created in Section 686 of this title shall be
transferred to the Community Planning Project Revolving Fund created
in this section.
SECTION 789. AMENDATORY 74 O.S. 2021, Section 5013, is
amended to read as follows:
Section 5013. There is hereby created in the State Treasury a
revolving fund for the Oklahoma Department of Commerce to be
designated the "Minority Business Development Program Fund". The
fund shall be a continuing fund, not subject to fiscal year
limitations. The fund shall consist of all monies authorized by law
for deposit in such fund including, but not limited to
appropriations, gifts, grants, private donations, fee revenues and
funds by governmental entities authorized to provide funding for the
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purposes authorized for the use of the fund. Monies deposited or
apportioned to the credit of the fund may be expended for the
purposes of job creation and enhancement and business creation and
expansion of Oklahoma minority owned businesses pursuant to law.
All monies accruing to the credit of said fund are hereby
appropriated and may be budgeted and expended by the Oklahoma
Department of Commerce for purposes authorized by law. Expenditures
from said fund shall be made upon warrants issued by the State
Treasurer against claims filed as prescribed by law with the
Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment.
SECTION 790. AMENDATORY 74 O.S. 2021, Section 5013.3, is
amended to read as follows:
Section 5013.3. There is hereby created the "Capital
Improvement Program Revolving Fund". The fund shall consist of any
monies appropriated thereto. The fund shall be a continuing fund,
not subject to fiscal year limitations, and shall be subject to the
administrative direction of the Oklahoma Department of Commerce.
Expenditures from the fund shall be made upon warrants issued by the
State Treasurer against claims submitted to the Director Chief
Operating Officer of the Office of Management and Enterprise
Services. The monies deposited in the revolving fund shall be
expended by the Oklahoma Department of Commerce to pay the cost of
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providing services for the various capital improvement planning
projects.
SECTION 791. AMENDATORY 74 O.S. 2021, Section 5020.1, is
amended to read as follows:
Section 5020.1. There is hereby created in the State Treasury a
revolving fund for the Oklahoma Department of Commerce to be
designated the "Community Development Centers Program Fund". The
fund shall be a continuing fund, not subject to fiscal year
limitations. The fund shall consist of all monies authorized by law
for deposit in such fund including, but not limited to
appropriations, gifts, grants, private donations, fee revenues and
funds by governmental entities authorized to provide funding for the
purposes authorized for the use of the fund. Monies deposited or
apportioned or donated to the credit of the fund may be expended for
the purposes of community development centers, with emphasis on
aging and elderly citizen interests pursuant to law. All monies
accruing to the credit of said fund are hereby appropriated and may
be budgeted and expended by the Oklahoma Department of Commerce for
purposes authorized by law. Expenditures from said fund shall be
made upon warrants issued by the State Treasurer against claims
filed as prescribed by law with the Director Chief Operating Officer
of the Office of Management and Enterprise Services for approval and
payment.
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SECTION 792. AMENDATORY 74 O.S. 2021, Section 5028, as
amended by Section 5, Chapter 375, O.S.L. 2024 (74 O.S. Supp. 2025,
Section 5028), is amended to read as follows:
Section 5028. There is hereby created in the State Treasury a
special fund for the State Department of Health to be designated the
"County Jail Improvement Fund". The fund shall be a continuing
fund, not subject to fiscal year limitations. All monies
appropriated to the fund may be budgeted and expended by the State
Department of Health for the purpose of providing matching funds to
counties to renovate existing or to construct new jail facilities in
accordance with state-approved jail standards. Expenditures from
said fund shall be made upon warrants issued by the State Treasurer
against claims filed as prescribed by law with the Director Chief
Operating Officer of the Office of Management and Enterprise
Services for approval and payment.
SECTION 793. AMENDATORY 74 O.S. 2021, Section 5030, is
amended to read as follows:
Section 5030. A. There is hereby created in the State Treasury
a revolving fund to be designated as the "Weatherization Revolving
Fund", which shall consist of all monies appropriated or transferred
to the fund. Said revolving fund shall be a continuing fund not
subject to fiscal year limitations and shall be under the
administration of the Oklahoma Department of Commerce and may be
disbursed without legislative appropriation. Warrants for
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expenditures from said revolving fund shall be drawn by the State
Treasurer, based on claims signed by an authorized employee or
employees of the Oklahoma Department of Commerce and approved for
payment by the Director Chief Operating Officer of the Office of
Management and Enterprise Services. It is hereby declared that
energy conservation is in the interest of the State of Oklahoma.
The purpose of this fund is to provide monies to be used for the
purpose of weatherizing households in Oklahoma thereby conserving
the oil and natural gas resources of the state.
B. On July 1, 1986, any unallotted cash balance in the
Weatherization Revolving Fund created in Section 1537.1 of this
title shall be transferred to the Weatherization Revolving Fund
created in this section. All outstanding financial obligations and
encumbrances of the Weatherization Revolving Fund created in Section
1537.1 of this title are hereby transferred to the Oklahoma
Department of Commerce. After November 15, 1986, any unexpended
balance in the Weatherization Revolving Fund created in Section
1537.1 of this title shall be transferred to the Weatherization
Revolving Fund created in this section.
SECTION 794. AMENDATORY 74 O.S. 2021, Section 5060.11,
is amended to read as follows:
Section 5060.11. There is hereby created in the State Treasury
a revolving fund for the Oklahoma Center for the Advancement of
Science and Technology to be designated the "Research Support
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Revolving Fund". The fund shall be a continuing fund, not subject
to fiscal year limitations. The fund shall consist of all monies
authorized by law for deposit in such fund including, but not
limited to, gifts, grants, private donations, fee revenues and funds
by government entities authorized to provide funding for the
purposes authorized for the use of the fund. Monies deposited or
apportioned to the credit of the fund in excess of that required for
implementation of the program or programs for which expenditures
from the fund are authorized may be transferred to any other fund
under the control of the Center. All monies accruing to the credit
of said fund are hereby appropriated and may be budgeted and
expended by the Oklahoma Center for the Advancement of Science and
Technology for purposes authorized by law. Expenditures from said
fund shall be made upon warrants issued by the State Treasurer
against claims filed as prescribed by law with the Director Chief
Operating Officer of the Office of Management and Enterprise
Services for approval and payment.
SECTION 795. AMENDATORY 74 O.S. 2021, Section 5060.21,
is amended to read as follows:
Section 5060.21. A. There is hereby created in the State
Treasury a revolving fund for the Oklahoma Center for the
Advancement of Science and Technology to be designated the "Seed-
Capital Revolving Fund". The fund shall be a continuing fund, not
subject to fiscal year limitations. The fund shall consist of all
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monies authorized by law for deposit in the fund including but not
limited to gifts, grants, private donations and funds by government
entities authorized to provide funding for the purposes authorized
for use of the fund and with payments on loans made from the fund,
rents, dividends paid on shares of stock purchased with monies from
the fund, royalty proceeds, or any other form of return on
authorized investments made by the Center. All monies accruing to
the credit of said fund are hereby appropriated and may be budgeted
and expended by the Oklahoma Center for the Advancement of Science
and Technology for use as seed-capital for enterprises and for the
purposes set forth in this section, and shall not be used for
administrative, management, or operating expenses of the Center.
Expenditures from said fund shall be made upon warrants issued by
the State Treasurer against claims filed as prescribed by law with
the Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment.
B. The Seed-Capital Revolving Fund shall be managed consistent
with the long-term goal that revenues earned from investment of the
fund be used to cover administrative costs of the fund. The Center
may contract with the Commercialization Center or another entity to
manage the Seed-Capital Revolving Fund and to carry out the
activities set forth in this section.
C. The Center may use the Seed-Capital Revolving Fund to
provide seed-capital to enterprises and to carry out the purposes of
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the Oklahoma Science and Technology Research and Development Act
through authorized investments, including:
1. Loans, loans convertible to equity, and equity;
2. Leaseholds;
3. Management or consultant service agreements;
4. Loans with stock subscription or similar warrants that are
beneficially owned by the Center;
5. Loans with stock subscription or similar warrants that are
beneficially owned by a party other than the Center;
6. Any other contractual arrangement in which the Center is
providing scientific and technological services to any federal,
state, county or municipal agency, or to any individual,
corporation, enterprise, association or any other entity involving
science and technology. The Center, in connection with the
provision of any form of financial assistance, may enter into
royalty agreements with an enterprise;
7. Participation as a general or limited partner in other seed-
capital funds or participation as a limited partner in individual
cases as authorized by the board of directors;
8. Royalty or other interests in patents, licenses, trade
secrets or other technology; and
9. All other seed-capital investments and qualified securities
as defined in the Oklahoma Science and Technology Research and
Development Act.
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D. The Center may use the Seed-Capital Revolving Fund to
purchase qualified securities issued by enterprises engaged in new
product or process innovations subject to the conditions set forth
in this section.
E. The Center may use the Seed-Capital Revolving Fund to make
loans for business incubator facilities in exchange for interests in
the enterprises.
F. The Center shall make authorized seed-capital investments in
enterprises engaged in new product or process innovations only
after:
1. Receipt of an application from the enterprise which
contains:
a. a business plan including a description of the
enterprise and its management, product and market,
b. a statement of the amount, timing and projected use of
the capital required,
c. a statement of the potential economic impact of the
enterprise, including the number, location and types
of jobs expected to be created, and
d. such other information as the Center board of
directors shall request; and
2. Approval of the investment by the Center. Such approval may
be made after the board of directors finds, based upon the
application submitted by the enterprise and such additional
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investigation as the staff of the Center shall make and incorporate
in its minutes, or based on the recommendation of the fund manager,
if the Center contracts with the Commercialization Center or another
entity to manage the Seed-Capital Revolving Fund, that:
a. the proceeds of the investment or financial assistance
will be used only to cover the seed-capital needs of
the enterprise except as authorized by this section,
b. the enterprise has a reasonable chance of success,
c. the Center's participation is instrumental to the
success of the enterprise and will assist in its
retention within the state,
d. the Center's investment is leveraged by at least one
additional equity or near-equity investor,
e. the enterprise has the reasonable potential to enhance
employment opportunities within the state,
f. the entrepreneur and other founders of the enterprise
have already made or are contractually committed to
make an appropriate financial and time commitment to
the enterprise,
g. any securities to be purchased are qualified
securities,
h. there is a reasonable possibility that the Center will
recoup at least its initial investment or financial
commitment, and
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i. binding commitments have been made to the Center by
the enterprise for adequate reporting of financial
data to the Center, which shall include a requirement
for an annual report, or if required by the board, an
annual audit of the financial and operational records
of the enterprise, and for such control on the part of
the Center as the board of directors shall consider
prudent over the management of the enterprise, so as
to protect the investment or financial commitment of
the Center, including in the discretion of the board
and without limitation, right of access to financial
and other records of the enterprise, and membership or
representation on the board of directors of the
enterprise.
G. The board of directors shall create an investment committee
to assist in evaluating potential investments in qualified
securities and provision of other forms of authorized financial
assistance. The membership of this investment committee shall serve
at the pleasure of the board and shall consist of:
1. No more than two members of the board of directors, neither
of whom serves on any advisory committee to the Center; and
2. Persons drawn from sources other than the Center who meet
standards similar to those applying to the board of directors and
who are recognized by their peers for outstanding knowledge and
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leadership in their fields, all of whom shall serve at the pleasure
of the board.
H. The Center shall not make investments in qualified
securities issued by enterprises in excess of the amount necessary
to own more than forty-nine percent (49%) of qualified securities in
any one enterprise at the time such securities are purchased by the
Center, after giving effect to the conversion of all outstanding
convertible qualified securities of the enterprise; however, in the
event of severe financial difficulty of the enterprise, threatening,
in the judgment of the board of directors, the investment of the
Center therein, a greater percentage of such securities may be owned
by the Center.
SECTION 796. AMENDATORY 74 O.S. 2021, Section 5060.24,
is amended to read as follows:
Section 5060.24. There is hereby created in the State Treasury
a revolving fund for the Oklahoma Center for the Advancement of
Science and Technology to be designated the "Administration and Data
Processing Revolving Fund". The fund shall be a continuing fund,
not subject to fiscal year limitations. The fund shall consist of
all monies authorized by law for deposit therein, grants, donations
or reimbursements that the President of the Center may direct to be
deposited therein, proceeds from the sale of surplus property,
insurance payments to the agency, receipts pursuant to the Oklahoma
Open Records Act, and transfers from other revolving funds of the
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Center as the President may direct. Monies accruing to the credit
of said fund are hereby appropriated and may be budgeted and
expended by the Center for the administrative costs of all programs
of the Center, including all personal and other operating expenses.
Expenditures from the fund shall be made upon warrants issued by the
State Treasurer against claims filed as prescribed by law with the
Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment.
SECTION 797. AMENDATORY 74 O.S. 2021, Section 5060.30,
is amended to read as follows:
Section 5060.30. A. The "Oklahoma Technology Trust Fund" is
hereby created. The trust fund shall be administered as follows:
1. The trustees of the trust fund shall consist of seven
members of the Oklahoma Science and Technology Research and
Development Board who are the presidents of Oklahoma State
University, the University of Oklahoma, and the private university
offering graduate engineering degrees and the four chief executive
officers or senior executive officers of corporations or
foundations. The chair of the board of trustees shall be elected by
the trustees from among the four chief executive officers or senior
executive officers who also serve on the Oklahoma Science and
Technology Research and Development Board.
2. After January 1, 2003, the board of trustees may by
unanimous vote expand the number of trustees at any time. No more
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than three members added by the board of trustees may serve
concurrently. The members added by the board of trustees shall be
representatives of industries, shall have full voting rights, and
shall serve four-year terms. A position added by the board of
trustees may be filled at the end of the term by vote of the
trustees. A position not filled by the trustees at the end of the
term shall be considered abolished.
3. The trust fund principal shall consist of monies received
from any monies the Legislature appropriates for, or transfers to,
the trust fund and any monies or assets contributed to the trust
fund from any other source, public or private. Notwithstanding
other provisions of law, income and investment return on trust fund
principal shall accrue to the trust fund and may be authorized upon
a majority vote of the trustees for use and expenditure by the
Oklahoma Science and Technology Research and Development Board. Use
of the trust fund principal may be authorized upon a vote of three-
fourths of the trustees for use and expenditure by the Oklahoma
Science and Technology Research and Development Board.
4. The trustees shall develop procedures for accomplishing
transfer of income and investment return to appropriate accounts set
up in the Office of the State Treasurer.
5. The trust fund may be dissolved upon an act approved by
three-fourths (3/4) of both houses of the Legislature or pursuant to
a plan for use of the principal, leading to dissolution of the trust
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fund, over a ten-year period that has been proposed by the trustees
and approved by the Legislature and the Governor. Upon the trust
fund's dissolution, any funds in the trust fund shall be placed in
the state general revenue fund, unless the Legislature specifically
provides otherwise.
B. There is hereby created in the State Treasury a fund for the
Oklahoma Center for the Advancement of Science and Technology to be
designated the "Oklahoma Technology Fund". The fund shall be a
continuing fund, not subject to fiscal year limitations, and shall
consist of any monies received by the Center from the Legislature or
other sources for the fund. All monies accruing to the credit of
the fund are hereby appropriated and may be budgeted and expended by
the Oklahoma Science and Technology Research and Development Board
for the purposes of the Center. Expenditures from the fund shall be
made upon warrants issued by the State Treasurer against claims
filed as prescribed by law with the Director Chief Operating Officer
of the Office of Management and Enterprise Services for approval and
payment. The Oklahoma Science and Technology Research and
Development Board shall develop procedures for setting up accounts
within the fund as necessary in the Office of the State Treasurer.
The Board shall place only funds appropriated for or otherwise
received for the Center in the accounts for the Center and shall not
commingle funds that are not appropriated or otherwise received for
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the Center with funds appropriated or received for any other purpose
of the Center.
SECTION 798. AMENDATORY Section 1, Chapter 21, 1st
Extraordinary Session, O.S.L. 2023 (74 O.S. Supp. 2025, Section
5060.45), is amended to read as follows:
Section 5060.45. A. There is hereby established the Oklahoma
Accelerator Program at the Oklahoma Center for the Advancement of
Science and Technology, to be administered by the Center as a
continuation of the accelerator program previously administered by
the Oklahoma Department of Commerce. The program shall utilize
appropriated funding to leverage private capital for the purpose of
stimulating growth of early-stage startup companies throughout the
state by connecting such companies with the global entrepreneurial
ecosystems required to enhance business talent and investment
opportunities.
B. There is hereby created in the State Treasury a revolving
fund for the Oklahoma Center for the Advancement of Science and
Technology to be designated the "Oklahoma Accelerator Revolving
Fund". The fund shall be a continuing fund, not subject to fiscal
year limitations. The fund shall consist of all monies authorized
by law for deposit in such fund including, but not limited to,
gifts, grants, private donations, private equity contributions, and
fee revenues and funds by government entities authorized to provide
funding for the purposes authorized for the use of the fund. All
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monies accruing to the credit of said fund are hereby appropriated
and may be budgeted and expended by the Oklahoma Center for the
Advancement of Science and Technology for purposes authorized by law
to implement the Oklahoma Accelerator Program. Expenditures from
said fund shall be made upon warrants issued by the State Treasurer
against claims filed as prescribed by law with the Director Chief
Operating Officer of the Office of Management and Enterprise
Services for approval and payment.
SECTION 799. AMENDATORY 74 O.S. 2021, Section 5063.17,
is amended to read as follows:
Section 5063.17. A. Before the commencement of each
legislative session, the Director Chief Operating Officer of the
Office of Management and Enterprise Services shall determine the
estimated amount required during the next fiscal year for payment of
the debt service on the bonds issued under this act, after making
deductions therefrom of estimated monies to be available to the Fund
from other sources therefor, and shall certify such estimated amount
to the Governor. The Governor shall thereupon promptly prepare and
submit to the Legislature his request for an appropriation to meet
the debt service on the bonds during such fiscal year. The
Legislature shall appropriate funds and provide for timely payment
of the maturing debt service of bonds issued under this act.
B. The Authority shall have the power to establish and maintain
reserve funds to provide for payment of debt service on the bonds.
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Monies credited to the reserve funds shall be used only for the
purpose of paying debt service on the bonds, either at maturity or
on redemption prior to maturity. The reserve funds shall be held
and used to ensure prompt payment of debt service on the bonds in
such manner and pursuant to such conditions as may be specified by
the Authority in the resolution or trust indenture authorizing or
securing such bonds. Monies in the reserve funds over and above the
amounts necessary to ensure the prompt payment of debt service on
the bonds, and the establishment and maintenance of a reserve fund,
may be used for the redemption of bonds prior to maturity in the
manner and in accordance with the provisions pertaining to
redemption prior to maturity, as set forth in the resolution or
trust indenture authorizing or securing such bonds.
SECTION 800. AMENDATORY 74 O.S. 2021, Section 5064.8, is
amended to read as follows:
Section 5064.8. A. There is hereby created in the State
Treasury a separate revolving fund for the Oklahoma Department of
Commerce, to be designated the "Inventors and Entrepreneurs Program
Fund". The fund shall be a continuing fund, not subject to fiscal
year limitations, and shall consist of all monies received by the
Department for implementation of this act from all funds
appropriated thereto by the Legislature, all fees received pursuant
to this act, any federal funds, gifts, private and matching funds
and all contributions dedicated thereto from private, state, federal
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or whatever source. All monies accruing to the credit of said fund
are hereby appropriated and may be budgeted and expended by the
Department for the purpose of implementing this act; however, monies
expended for administrative costs shall not exceed five percent (5%)
of the total amount of monies in said fund. Any amount in said fund
not directly needed to implement the provisions of this act shall go
to the General Revenue Fund of the state. Expenditures from said
fund shall be made upon warrants issued by the State Treasurer
against claims filed as prescribed by law with the Director Chief
Operating Officer of the Office of Management and Enterprise
Services for approval and payment.
B. On July 1, 1998, the Inventors and Entrepreneurs Program
Fund shall be abolished and any unencumbered funds remaining in the
Inventors and Entrepreneurs Program Fund shall be transferred to the
credit of the OCAST Research Support Revolving Fund. Any unexpended
funds remaining in the Inventors and Entrepreneurs Program Fund
after November 1, 1998, shall be transferred to the credit of the
OCAST Research Support Revolving Fund.
SECTION 801. AMENDATORY 74 O.S. 2021, Section 5066.6, is
amended to read as follows:
Section 5066.6. There is hereby created in the State Treasury a
separate revolving fund for the Oklahoma Department of Commerce to
be designated as the "Product Development Program Fund". The fund
shall be a continuing fund, not subject to fiscal year limitations
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and shall consist of all monies received by the Department for
implementation of the Product Development Act from all funds
appropriated thereto by the Oklahoma State Legislature, all fees
received pursuant to this act, any federal funds, gifts, private and
matching funds and all contributions dedicated thereto from any
source. All monies accruing to the credit of said fund are hereby
appropriated and may be budgeted and expended by the Department for
the purposes of this act. Any amount in said fund not directly
needed to implement the provisions of this act shall go to the
General Revenue Fund of the state. Expenditures from said fund
shall be made upon warrants issued by the State Treasurer against
claims filed as prescribed by law with the Director Chief Operating
Officer of the Office of Management and Enterprise Services for
approval and payment.
SECTION 802. AMENDATORY 74 O.S. 2021, Section 5085.11,
as amended by Section 5, Chapter 155, O.S.L. 2025 (74 O.S. Supp.
2025, Section 5085.11), is amended to read as follows:
Section 5085.11. A. There is hereby created in the State
Treasury a revolving fund for the Oklahoma Center for the
Advancement of Science and Technology to be designated the “Oklahoma
Capital Formation Revolving Fund”. The fund shall be a continuing
fund, not subject to fiscal year limitations, and shall consist of
appropriated funds. All monies accruing to the credit of the fund
are hereby appropriated and, as authorized by the Oklahoma Science
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and Technology Research and Development Board, shall be expended by
the Oklahoma Center for the Advancement of Science and Technology to
perform the duties imposed upon the Board by law. Expenditures of
appropriated funds from the fund shall be made upon warrants issued
by the State Treasurer against claims filed as prescribed by law
with the Director Chief Operating Officer of the Office of
Management and Enterprise Services for approval and payment.
B. On July 1, 1991, any unencumbered funds remaining in the
Oklahoma Capital Investment Board Revolving Fund shall be
transferred to the credit of the Oklahoma Capital Formation
Revolving Fund. Any unexpended funds remaining in the Oklahoma
Capital Investment Board Revolving Fund after November 15, 1991,
shall be transferred to the credit of the Oklahoma Capital Formation
Revolving Fund.
SECTION 803. AMENDATORY 74 O.S. 2021, Section 5152, is
amended to read as follows:
Section 5152. A. As used in the Oklahoma Public and Private
Facilities and Infrastructure Act:
1. "Contract" means any purchase and sale agreement, lease,
service agreement, franchise agreement, concession agreement or
other written agreement entered into under the Oklahoma Public and
Private Facilities and Infrastructure Act with respect to the
provision of a public service and any project related thereto;
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2. "Improvement" means any instruction, reconstruction,
rehabilitation, renovation, installation, improvement, enlargement
or extension of property or improvements to property;
3. "Partnership Committee" means a committee consisting of nine
(9) members, three members appointed by the President Pro Tempore of
the Senate, three members appointed by the Speaker of the House of
Representatives, two representatives of the Office of Management and
Enterprise Services (OMES), and a representative of the Department
of Commerce, to be appointed by the Governor. Five members of the
Partnership Committee shall constitute a quorum. The Partnership
Committee shall act only upon a decision of a majority of appointed
members;
4. "Private sector entity" means any corporation, whether for
profit or not for profit, limited liability company, partnership,
limited liability partnership, sole proprietorship, business trust,
joint venture or other entity, but shall not mean the state, a
political subdivision of the state, or a public or governmental
entity, agency or instrumentality of the state;
5. "Project" means real or personal property, or both, and
improvements thereto or in support thereof, including undivided and
other interests therein, used for or in the provision of a public
service;
6. "Proposer" means a private sector entity, a local or
regional public entity or agency, or any group or combination
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thereof, submitting qualifications or a proposal for a public-
private partnership contract;
7. "Public service" means a service provided for a public
purpose of a responsible state agency and identified in an
invitation for qualifications or proposals under the Oklahoma Public
and Private Facilities and Infrastructure Act; and
8. "Responsible state agency" means the agency, department,
commission, authority or other instrumentality of the state
responsible for the provision of the public service which is or is
proposed to be the subject of a contract. Any such agency that is
subject to The Oklahoma Central Purchasing Act, the Public
Competitive Bidding Act, the Oklahoma State Finance Act and the
Oklahoma Privatization of the State Functions Act shall comply with
these laws.
B. The Oklahoma Department of Transportation and the Oklahoma
Turnpike Authority shall be exempt from the Oklahoma Public and
Private Facilities and Infrastructure Act. However, the Oklahoma
Department of Transportation and the Oklahoma Turnpike Authority may
utilize the general provisions and process described herein to
develop a public-private partnership contract for a transportation
improvement in consultation with the Director Chief Operating
Officer of OMES and subject to the approval of the Oklahoma
Transportation Commission or the Oklahoma Turnpike Authority Board
as applicable.
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SECTION 804. AMENDATORY 74 O.S. 2021, Section 5154, is
amended to read as follows:
Section 5154. A. The Partnership Committee shall have the
ability to identify potential public-private partnerships, to review
and endorse a short list of qualified bidders, to approve requests
for proposals and to approve template contracts before they are sent
to bidders. The Partnership Committee shall operate with the
assistance of the Office of Public-Private Partnerships. In order
to protect the Separation of Power set out in Article IV of the
Oklahoma Constitution, the Partnership Committee shall not have the
power to enter into any contract, nor shall it have the power to
block any contract negotiated by the Director Chief Operating
Officer of the Office of Management and Enterprise Services (OMES)
and the authorized representative of any responsible state agency.
B. There shall be established within OMES an Office of Public-
Private Partnerships, which shall have the authority to charge fees
for services it shall render as part of the procedures to establish
partnerships in accordance with this act and to receive money to
cover its operating expenses and to accomplish the purposes of this
act.
C. The Director Chief Operating Officer of OMES and the
authorized representative of a responsible state agency shall
jointly take any action and execute any public-private partnership
contract, authorized under this act, for the provision of a public
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service in order to more efficiently and effectively provide public
services, including by generating additional resources in support of
those public services and related projects.
SECTION 805. AMENDATORY 74 O.S. 2021, Section 5155, is
amended to read as follows:
Section 5155. A. Selection of Projects. Any proposer or
responsible state agency may submit to the Partnership Committee one
or more proposals for partnership projects in connection with any
public service. The Partnership Committee shall identify potential
projects and public services for which a public-private partnership
may be appropriate from those received from a proposer, a
responsible state agency or those identified by the Partnership
Committee itself. The Partnership Committee shall select such
projects based on the partnership's potential to improve public
operational efficiencies, improve environmental performance, promote
public safety, attract private investment in the state and minimize
governmental liabilities.
B. Public-Sector Comparators. After the Partnership Committee
identifies a potential partnership for a public project or public
service, the Office of Public-Private Partnerships shall conduct a
public-sector comparator study of the potential partnership. The
Partnership Committee shall determine the scope of each public
sector comparator, which scope shall depend on the type of proposed
partnership and the nature of the public service under consideration
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for the partnership. The following issues shall be considered as
components of a public sector comparator:
1. The definition of the need served by the proposed
partnership;
2. The cost required to meet the public need served by the
public service under traditional procurements or traditional state
agency operations;
3. An analysis of alternative methods for providing the public
services under consideration, including but not limited to design-
build, design-build-finance, design-build-finance-operate-maintain,
service contracts or leases and how the alternative method(s) would
meet the need served by the public service; and
4. An evaluation of the cost/benefit of using an alternative
method or public-private partnership to render a public service,
which cost/benefit analysis shall include:
a. the potential cost of utilizing an alternative method,
b. the operational and technological risks involved in
utilizing an alternative method,
c. a comparative analysis of rendering the public service
by allowing the responsible state agency to utilize
traditional methods,
d. the financial impact the partnership will have on the
responsible state agency, and
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e. the impact a partnership would have on job formation,
economic growth and the community in which the public
service is to be rendered.
C. The Partnership Committee shall use the results of the
public sector comparator to determine which public services and
projects are appropriate for partnership. The Office of Public-
Private Partnerships shall publish on its website the public sector
comparator for each project to provide a public service for which a
request for qualifications is initiated.
D. The Office of Public-Private Partnerships shall publish
notice of the intent to enter into a contract for a partnership for
public service or related project and shall prepare a request for
qualifications for private sector entities interested in serving as
proposers for the partnership. The notice shall notify interested
parties of the opportunity to submit their qualifications for
consideration and shall be published at least sixty (60) days prior
to the deadline for submitting those qualifications. The Office
also may advertise the information contained in the notice in
appropriate trade journals and otherwise notify parties believed to
be interested in providing the public service and in any related
project.
E. After inviting proposers to bid on the project, the
Partnership Committee shall evaluate the qualifications submitted
and may hold discussions with proposers to further explore their
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qualifications. Following this evaluation, the Partnership
Committee may determine a list of qualified proposers based on
criteria in the invitation and invite only those proposers to submit
a proposal.
F. The Office of Public-Private Partnerships shall prepare a
request for proposal, which may include proposal stipends and the
proposed partnership contract, both of which shall be approved by
the Partnership Committee. After the Partnership Committee's
approval of the request for proposal and the partnership contract,
the project shall be deemed an Approved Partnership Procurement.
G. Partnership contracts may contain the terms and conditions
to carry out and effect the purposes of this act, including the
duration of the contract, which shall not exceed ninety-nine (99)
years, rates or fees for the public services to be provided or
methods or procedures for the determination of such rates or fees,
standards for the public services to be provided, responsibilities
and standards for operation and maintenance of any related project,
required financial assurances, financial and other data reporting
requirements, bases and procedures for termination of the contract
and retaking of possession or title to the project, and events of
default and remedies upon default, including mandamus, a suit in
equity, an action at law or any combination of those remedial
actions. Partnership contracts may also include a requirement for
the delivery of performance and payment bonds required for all
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construction activities and letters of credit, surety bonds or other
security in connection with the development or operation of the
qualifying project in the forms and amounts satisfactory to the
responsible governmental entity.
H. After proposals are received, the Office of Public-Private
Partnerships, using the criteria established in the request for
proposal by the Partnership Committee, shall evaluate the proposals
submitted and may hold discussions with proposers to further explore
their proposals, the scope and nature of the public service(s) they
would provide and the various technical approaches they may take
regarding the public service and any related project. Following
this evaluation, the Partnership Committee shall select and rank no
fewer than three proposers that the Partnership Committee considers
to be the most qualified to enter into the contract, except when the
Partnership Committee determines that fewer than three qualified
proposers are available, in which case the Partnership Committee
shall select and rank them.
I. After the proposers have been ranked by the Partnership
Committee, the Director Chief Operating Officer of the Office of
Management and Enterprise Services (OMES) and the authorized
representative of the responsible state agency shall negotiate the
contract with the proposer ranked most qualified to provide the
public service at a compensation determined in writing to be fair
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and reasonable and to purchase, lease or otherwise take a legal
interest in the project.
J. Upon failure to negotiate a contract with the proposer
ranked most qualified, the Director Chief Operating Officer of OMES
shall inform the proposer in writing of the termination of
negotiations and may enter, with the responsible state agency, into
negotiations with the proposer ranked next most qualified. If
negotiations again fail, the same procedure may be followed with
each next most qualified proposer selected and ranked, in order of
ranking, until a contract is negotiated and executed or the request
for proposal is withdrawn.
K. If the Director Chief Operating Officer of OMES and the
authorized representative of the responsible state agency fail to
negotiate a contract with any of the ranked proposers, the Director
Chief Operating Officer of OMES, in consultation with the
responsible state agency, may terminate the process or select and
rank additional proposers based on their qualifications or
proposals, and negotiations shall continue as with the proposers
selected and ranked initially until a contract is negotiated.
L. The Director Chief Operating Officer of OMES and the
authorized representative of the responsible state agency may
jointly reject any and all submissions of qualifications or
proposals and may jointly terminate the procurement process at any
point.
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M. The Director Chief Operating Officer of OMES and the
authorized representative of the responsible state agency shall have
the authority to make commercially reasonable changes to the
partnership contract approved by the Partnership Committee. Any
such contract may contain the terms and conditions to carry out and
effect the purposes of this act.
N. Any submission not selected by the responsible state agency
shall be considered intellectual property that shall remain the
property of the proposer.
SECTION 806. AMENDATORY 74 O.S. 2021, Section 5156, is
amended to read as follows:
Section 5156. A. Partnership contracts shall be signed by both
the Director Chief Operating Officer of the Office of Management and
Enterprise Services (OMES) and the authorized representative of the
responsible state agency for which the public service at issue in
the contract relates.
B. The Director Chief Operating Officer of OMES is authorized
to receive and deposit any money received under the contract. Any
such contract shall be sufficient to effect its purpose
notwithstanding any provision of law to the contrary, including
other laws governing the sale, lease or other disposition of
property or interests therein, service contracts or financial
transactions by or for the state.
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C. The Office of Public-Private Partnerships shall provide a
report to the Speaker of the House of Representatives and the
President Pro Tempore of the Senate explaining the value of the
contract to the state and describing the procurement process by
which the contract was reached.
SECTION 807. AMENDATORY 74 O.S. 2021, Section 5158, is
amended to read as follows:
Section 5158. The Director Chief Operating Officer of the
Office of Management and Enterprise Services (OMES), in consultation
with the responsible state agency, may retain or contract for the
services of commercial appraisers, engineers, investment bankers,
financial advisers, accounting experts and other consultants,
independent contractors or providers of professional services as are
necessary in the judgment of the Director Chief Operating Officer to
carry out the Director's Chief Operating Officer's powers and duties
under this act. This may include the identification of public
services and any related projects to be subject to invitations for
qualifications or proposals under this act, the development of those
invitations and related evaluation criteria, the evaluation of those
invitations and the negotiation of any contract under this act.
SECTION 808. AMENDATORY 74 O.S. 2021, Section 7005, as
amended by Section 1, Chapter 70, O.S.L. 2023 (74 O.S. Supp. 2025,
Section 7005), is amended to read as follows:
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Section 7005. A. The Oversight Committee for State Employee
Charitable Contributions shall be composed of the Director Chief
Operating Officer of the Office of Management and Enterprise
Services, or designee, and six (6) state employees, of which two
shall be appointed by the Governor, two shall be appointed by the
President Pro Tempore of the Oklahoma State Senate and two shall be
appointed by the Speaker of the Oklahoma House of Representatives.
Members shall serve at the pleasure of their appointing authorities.
The provisions of Section 6 of Title 51 of the Oklahoma Statutes
shall not apply to appointments to the Committee. The Committee is
re-created to continue until July 1, 2028, in accordance with the
provisions of the Oklahoma Sunset Law.
B. The Committee annually shall elect a chair from its
membership. The Director Chief Operating Officer of the Office of
Management and Enterprise Services shall serve as chair until the
first such election.
C. The Oversight Committee for State Employee Charitable
Contributions shall have the following duties and responsibilities:
1. Arrange for publication of information about the application
process;
2. Review applications of federations electing to participate
in the State Charitable Campaign and certify that a federation and
each of its member agencies meet the eligibility criteria set forth
in Sections 7009 and 7010 of this title;
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3. Notify in writing each of the applying federations of its
acceptance or rejection. Provided, if a federation is rejected, the
Committee shall provide the reason for rejection of each of the
member agencies of the federation;
4. Hear appeals of rejected agencies;
5. Delegate to the principal combined fundraising organization
the primary responsibility for the staffing and the financial
obligations necessary to comply with the provisions of this
subsection;
6. Develop a pledge card to be used throughout the State
Charitable Campaign;
7. Select a principal combined fundraising organization to
assist the Committee in gathering and accumulating the applications;
and
8. Promulgate rules to implement the provisions of the Oklahoma
State Employee Charitable Contribution Act.
D. The Office of Management and Enterprise Services shall
provide such staff support as is required by the Committee.
E. The Oversight Committee for State Employee Charitable
Contributions is authorized to appoint such advisory councils and
task forces as it deems necessary for counsel, advice, and review
concerning the formulation and administration of the rules,
application review process, and the implementation of the Oklahoma
State Employee Charitable Contribution Act.
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SECTION 809. AMENDATORY 74 O.S. 2021, Section 8207, is
amended to read as follows:
Section 8207. A. There is hereby created in the State Treasury
a revolving fund for the Oklahoma Historical Society to be
designated the "1921 Tulsa Race Riot Centennial Memorial Revolving
Fund". The fund shall be a continuing fund, not subject to fiscal
year limitations, and shall consist of all monies received by the
Oklahoma Historical Society from appropriations, donations or any
other source and designated for the purpose set forth in this
section. All monies accruing to the credit of the fund are hereby
appropriated and may be budgeted and expended by the Oklahoma
Historical Society for the purpose of commemoration of the
centennial of the 1921 Tulsa Race Riot. Expenditures from the fund
shall be made upon warrants issued by the State Treasurer against
claims filed as prescribed by law with the Director Chief Operating
Officer of the Office of Management and Enterprise Services for
approval and payment.
B. Any funds in the revolving fund created in Section 8201.2 of
Title 74 of the Oklahoma Statutes on the effective date of this act
shall be transferred to the 1921 Tulsa Race Riot Centennial Memorial
Revolving Fund.
SECTION 810. AMENDATORY 74 O.S. 2021, Section 8403, is
amended to read as follows:
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Section 8403. A. There is hereby created the African-American
Centennial Plaza Design Committee. The purpose of the Committee
shall be to recommend the design of the African-American Centennial
Plaza and to provide oversight and advice to the Oklahoma Historical
Society in the design, construction, and funding sources of the
Plaza which shall be located in the median of Lincoln Boulevard
between 18th Street and the State Capitol Building; provided,
however, such construction shall begin only when the total amount of
non-state-appropriated funds necessary to complete the Plaza has
been raised or secured. Should the total amount of non-state-
appropriated funds not be raised or secured within two (2) years
after the effective date of this act, the site referred to in this
section shall no longer be reserved for the Plaza.
B. The Committee shall consist of seven (7) members as follows:
1. The President Pro Tempore of the Senate, or a designee;
2. The Speaker of the House of Representatives, or a designee;
3. The Governor, or a designee;
4. The Lieutenant Governor, or a designee;
5. The Executive Director of the Oklahoma Historical Society,
or a designee;
6. The Director Chief Operating Officer of the Office of
Management and Enterprise Services, or a designee; and
7. The Executive Director of the Oklahoma Arts Council, or a
designee.
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C. The President Pro Tempore of the Senate and the Speaker of
the House of Representatives shall annually appoint a chair and a
vice-chair, respectively, from among the membership. The Committee
may elect other officers as deemed necessary. Meetings of the
Committee shall be subject to the provisions of the Oklahoma Open
Meeting Act and the Oklahoma Open Records Act.
D. Members of the Committee shall receive no compensation for
their service on the Committee, but may receive travel reimbursement
as follows:
1. Legislative members of the Committee may 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;
2. Nonlegislative state agency members of the Committee may be
reimbursed by their agencies pursuant to the provisions of the State
Travel Reimbursement Act; and
3. Other members of the Committee may be reimbursed by the
Oklahoma Historical Society pursuant to the provisions of the State
Travel Reimbursement Act.
E. Staffing for the Committee shall be provided by the staffs
of the:
1. Oklahoma Historical Society;
2. Oklahoma State Senate; and
3. Oklahoma House of Representatives.
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F. The duties of the Committee shall be to:
1. Develop criteria for and solicit public comment and input on
the development and design of the Plaza;
2. Develop and implement criteria for a design competition
which shall include, but not be limited to, solicitation of designs
from appropriate persons or entities, and incorporation of any work
that may already have been initiated on the design of the Plaza.
The Committee shall select three designs as finalists from among the
designs submitted through the competition and shall present the
selected designs to the public for comment and input. The Committee
shall give due consideration to the comments received from the
public in choosing the design that, in the opinion of a majority of
the Committee members, is most appropriate to commemorate the unique
history and contributions of African Americans in Oklahoma;
3. From the three finalists, select the design winner and an
alternate whose designs shall be forwarded to the Executive Director
of the Oklahoma Historical Society; and
4. Provide oversight and advice to the Oklahoma Historical
Society during the design and construction of the Plaza.
G. The Director Chief Operating Officer of the Office of
Management and Enterprise Services shall be responsible for awarding
all contracts related to the construction of the Plaza. The
Director Chief Operating Officer, in consultation with the
Committee, may elect to use the alternate design or recommend the
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reopening of the award process if the winning design construction
exceeds the anticipated budget for the Plaza.
H. Upon completion of the Plaza, the Office of Management and
Enterprise Services shall be responsible for the maintenance and
upkeep of the Plaza.
SECTION 811. AMENDATORY 74 O.S. 2021, Section 9030.3, is
amended to read as follows:
Section 9030.3. A. The Oklahoma Arts Council may create an Art
in Public Places Division to administer the Oklahoma Art in Public
Places Act.
B. There is hereby created an Art in Public Places Oversight
Committee comprised of:
1. The Director Chief Operating Officer of the Office of
Management and Enterprise Services, or designee;
2. The Director of the Oklahoma Arts Council, or designee;
3. The Director of the Oklahoma Historical Society, or
designee;
4. The Director of the Department of Transportation, or
designee;
5. The Chancellor of the Oklahoma State Regents for Higher
Education, or designee;
6. One artist appointed by the Director of the Oklahoma Arts
Council;
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7. One architect appointed by the Director Chief Operating
Officer of the Office of Management and Enterprise Services;
8. One engineer appointed by the Director Chief Operating
Officer of the Office of Management and Enterprise Services; and
9. One museum director/curator appointed by the Director of the
Oklahoma Arts Council.
C. 1. All appointed members shall serve a term of three (3)
years and may be reappointed for one additional three-year term.
2. The officers of the Committee shall be a chair, a vice-
chair, and a secretary elected at the last meeting of each fiscal
year. Appointments to fill officer vacancies shall be made by the
chair between elections.
3. Meetings shall be held at the call of the chair, and for the
initial appointments, a majority of the members present shall
constitute a quorum.
D. Except as provided for in subsections E and G of this
section, the Oversight Committee is empowered with overseeing each
of the following phases of the development and management of the
Oklahoma Art in Public Places Act:
1. Develop job specifications for a Division Director of the
Art in Public Places Division, who shall not be subject to the Merit
System of Personnel Administration;
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2. Make recommendations for the implementation of the Art in
Public Places Program to the Executive Director of the Oklahoma Arts
Council; and
3. Develop methods of selection of artists, criteria for
selection, final approval of site projects, maintenance and repair
of works of art, and periodic evaluation of the Program.
E. Artwork or art restoration projects in the administrative
control of the Oversight Committee pursuant to the Oklahoma Art in
Public Places Act shall not be subject to The Oklahoma Central
Purchasing Act, but the projects shall be subject to a call for
entries process established by the Oversight Committee.
F. Members shall be reimbursed for necessary travel expenses in
accordance with the State Travel Reimbursement Act.
G. The State Capitol Preservation Commission shall retain its
administrative control over art projects for the Capitol and the
Governor's Mansion as provided for in Section 4104 of Title 74 of
the Oklahoma Statutes.
H. The governing boards for institutions of higher education or
local boards of trustees shall perform the duties of the Oversight
Committee for art projects on the campuses that they oversee.
SECTION 812. AMENDATORY 74 O.S. 2021, Section 9030.6, is
amended to read as follows:
Section 9030.6. A. 1. There is hereby created in the State
Treasury a revolving fund for the Oklahoma Arts Council to be
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designated the "Commissioning of Art in Public Places Revolving
Fund". The fund shall be a continuing fund, not subject to fiscal
year limitations, and shall consist of all monies received by the
Council from the sources provided for in Section 9030.5 of this
title.
2. The Council shall establish a separate subaccount for each
project. Monies in these subaccounts may be used to match monies
from other private and public sources for commissioning art in
accordance with the Oklahoma Art in Public Places Act.
3. All monies accruing to the credit of the fund are hereby
appropriated and may be budgeted and expended by the Oklahoma Arts
Council for the commissioning of art and insurance for the art in
accordance with the Oklahoma Art in Public Places Act.
4. Expenditures from the fund shall be made upon warrants
issued by the State Treasurer against claims filed as prescribed by
law with the Director Chief Operating Officer of the Office of
Management and Enterprise Services for approval and payment.
B. If there are monies from a project for the commissioning of
art not spent, those monies may be pooled in the fund for the
commissioning of art in, on, or near other state buildings.
SECTION 813. AMENDATORY 74 O.S. 2021, Section 9030.7, is
amended to read as follows:
Section 9030.7. A. 1. There is hereby created in the State
Treasury a revolving fund for the Oklahoma Arts Council to be
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designated the "Art in Public Places Administrative and Maintenance
Revolving Fund". All monies accruing to the credit of said fund are
hereby appropriated and may be budgeted and expended by the Council.
The fund shall be a continuing fund, not subject to fiscal year
limitations, and shall consist of all monies received by the Council
from the sources provided for in Section 9030.5 of this title.
2. This fund shall consist of two subaccounts, one account for
maintenance and repair purposes and one account for administrative
and education purposes. Monies accruing to the credit of the
subaccount for maintenance and repair shall be used for the purpose
of restoring art in all state public buildings including, but not
limited to, public buildings at institutions within The Oklahoma
State System of Higher Education.
3. Expenditures from the fund shall be made upon warrants
issued by the State Treasurer against claims filed as prescribed by
law with the Director Chief Operating Officer of the Office of
Management and Enterprise Services for approval and payment.
B. Whenever the unencumbered balance in this fund exceeds One
Million Dollars ($1,000,000.00), the assessment shall be placed in
the Commissioning of Art in Public Places Revolving Fund to the
credit of the subaccount established for the project upon which the
assessment was made.
SECTION 814. AMENDATORY 74 O.S. 2021, Section 9030.8, is
amended to read as follows:
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Section 9030.8. A. On the effective date of this act, all
powers, duties, responsibilities, records and equipment of the
Oklahoma Historical Society relating exclusively to the
implementation and administration of the Oklahoma Art in Public
Places Act are hereby transferred and shall be placed under the
authority of the Oklahoma Arts Council. To the extent practicable,
the transfer shall include all computer hardware and software used
in regulating the functions listed in this subsection.
B. The Oklahoma Historical Society and the Oklahoma Arts
Council may contract for additional legal and administrative
services as necessary to effectuate the transfers as provided for in
this section.
C. 1. All unexpended funds, property, furnishings, equipment,
supplies, records, and outstanding financial obligations and
encumbrances of the Oklahoma Historical Society relating to the
implementation and administration of the Oklahoma Art in Public
Places Act shall be transferred to the Oklahoma Arts Council for the
continuing performance of duties relating to the implementation and
administration of the Oklahoma Art in Public Places Act. No funds,
property, furnishings, equipment, supplies or records may be
expended or used for any purpose other than the performance of
duties and responsibilities as directed and required in this act.
2. Any funds, properties, furnishings, equipment, supplies, or
records related in any manner to the implementation and
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administration of the Oklahoma Art in Public Places Act which may
not be in the current possession of the Oklahoma Historical Society
on the effective date of this act, but which come into the
possession of the Oklahoma Historical Society after the transfer of
authority to the Oklahoma Arts Council as provided in this act,
shall immediately be transferred to the Oklahoma Arts Council.
D. The Oklahoma Historical Society shall not enter into any
contract or agreement relating to the implementation and
administration of the Oklahoma Art in Public Places Act extending
beyond the effective date of the transfer without approval by the
Oklahoma Arts Council.
E. The Director Chief Operating Officer of the Office of
Management and Enterprise Services shall coordinate the transfer of
funds, purchase orders and outstanding financial obligations and
encumbrances relating to the implementation and administration of
the Oklahoma Art in Public Places Act as transferred pursuant to the
provisions of this act.
F. Upon the effective date of this act, all administrative
rules promulgated by the Oklahoma Historical Society relating to the
implementation and administration of the Oklahoma Art in Public
Places Act shall be enforceable by the Oklahoma Arts Council. The
rules shall continue in force and effect after the effective date of
this act, and the Oklahoma Arts Council shall have authority to
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amend, repeal, recodify or make additions to the rules pursuant to
the Administrative Procedures Act.
SECTION 815. AMENDATORY Section 2, Chapter 165, O.S.L.
2022, as amended by Section 2, Chapter 397, O.S.L. 2025 (74 O.S.
Supp. 2025, Section 9102), is amended to read as follows:
Section 9102. There is hereby created in the State Treasury a
revolving fund for the Department of Public Safety on behalf of the
Mental Wellness Division of the Department of Public Safety to be
designated the “Mental Wellness Division Revolving Fund”. The fund
shall be a continuing fund, not subject to fiscal year limitations,
and shall consist of those monies appropriated to the fund by law or
deposited in the fund as provided pursuant to the provisions of
Section 9103 of this title. All monies accruing to the credit of
the fund are hereby appropriated and may be budgeted and expended by
the Mental Wellness Division for the purpose of providing mental
wellness services and programs to public safety personnel and
retirees thereof. Expenditures from the fund shall be made upon
warrants issued by the State Treasurer against claims filed as
prescribed by law with the Director Chief Operating Officer of the
Office of Management and Enterprise Services for approval and
payment.
SECTION 816. AMENDATORY Section 8, Chapter 229, O.S.L.
2022, as amended by Section 1, Chapter 208, O.S.L. 2023 (74 O.S.
Supp. 2025, Section 9207), is amended to read as follows:
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Section 9207. A. By December 31, 2022, the Executive Director
of the Oklahoma Broadband Office shall identify all programs,
personnel, and assets within state government that are duplicative
or complementary to the mission of the Office and of such recommend
which programs, personnel, and assets the Executive Director
identifies as needing to be transferred to the Office, except as
provided in subsections C and D of this section.
B. Upon the receipt of the recommendation provided for in
subsection A of this section, the Director Chief Operating Officer
of the Office of Management and Enterprise Services is authorized to
transfer such programs, personnel, and assets to the Office.
C. The following shall be exempt from the provisions of
subsections A and B of this section:
1. Those assets or personnel associated with broadband and
Internet connectivity at the Corporation Commission;
2. Those assets or personnel associated with the Oklahoma
Universal Service Fund located at the Corporation Commission; and
3. Assets owned by the Department of Transportation and the
Oklahoma Turnpike Authority and the staff required to operate said
assets.
D. Programs, personnel, and assets of the Oklahoma State
Regents for Higher Education, identified by the Executive Director
as duplicative or complementary to the mission of the Office, shall
be made available as agreed to in contracts between the Office and
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the Oklahoma State Regents for Higher Education following a
recommendation by the Executive Director to the Oklahoma State
Regents for Higher Education. Should the Office and the Oklahoma
State Regents for Higher Education fail to reach contractual
agreements within ninety (90) days of the Executive Director's
recommendation, the Executive Director shall provide written
notification of a failure to reach contractual agreement to the
Broadband Governing Board, the Speaker of the House of
Representatives, and the President Pro Tempore of the Senate.
SECTION 817. AMENDATORY Section 26, Chapter 243, O.S.L.
2022 (75 O.S. Supp. 2025, Section 311.2), is amended to read as
follows:
Section 311.2. A. The Civil Service Director Chief Operating
Officer of the Office of Management and Enterprise Services may
delegate the authority to issue a final agency order adverse to a
party to an agency administrative law judge if:
1. The administrative law judge has a general knowledge of the
Civil Service and Human Capital Modernization Act and rules
promulgated thereto;
2. The administrative law judge:
a. is currently licensed to practice law by the Supreme
Court of this state,
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b. has a working knowledge of the Administrative
Procedures Act and administrative rules of the Office
of Management and Enterprise Services,
c. is not an owner, stockholder, employee, or officer of,
nor has any other business relationship with, any
corporation, partnership, or other business or entity
that is subject to regulation by the Office of
Management and Enterprise Services,
d. is separate and apart from the legal division or
office of general counsel of the Office of Management
and Enterprise Services,
e. is not responsible to or subject to the supervision or
direction of an employee or agent engaged in the
performance of investigative or prosecuting functions
for the Office of Management and Enterprise Services,
and
f. has not been engaged in the performance of
investigative or prosecuting functions for the Office
of Management and Enterprise Services regarding the
party receiving the final agency order; and
3. The Civil Service Director in delegating the authority to
issue final agency orders adverse to a party pursuant to this
section specifically designates by written agency policy and
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procedure the type or category of final agency order which may be
issued by the administrative law judge.
B. The provisions of this section shall not be construed to
authorize or allow restraints on the authority of the Civil Service
Director to adopt, reject, review, modify, or correct the findings
of fact and conclusions of law or any proposed order issued by the
administrative law judge.
C. When the administrative law judge issues a final agency
order, that order becomes the final order of the Office of
Management and Enterprise Services, Civil Service Division without
further proceeding unless there is a request for rehearing,
reopening, or reconsideration pursuant to Section 317 of Title 75 of
the Oklahoma Statutes or a filing for judicial review pursuant to
Section 318 of Title 75 of the Oklahoma Statutes.
SECTION 818. AMENDATORY 80 O.S. 2021, Section 34.2, is
amended to read as follows:
Section 34.2. A. The Director Chief Operating Officer of the
Office of Management and Enterprise Services shall appoint and fix
the duties and compensation of a Surplus Property Agent. The
Purchasing Division of the Office of Management and Enterprise
Services shall purchase for the Surplus Property Agent a bond
payable to the State of Oklahoma in the sum of Fifty Thousand
Dollars ($50,000.00), conditioned for the faithful performance of
the duties of the Surplus Property Agent.
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B. Pursuant to the provisions of Sections 34.1 through 34.6 of
this title, the Director Chief Operating Officer of the Office of
Management and Enterprise Services shall promulgate rules for
acquisition of surplus property by the Surplus Property Agent, state
departments, institutions and agencies, and other authorized
entities. The rules shall provide for the determination of a
reasonable fee to assess the state departments, institutions and
agencies, and other authorized entities for surplus property. The
fee determination shall include costs the Surplus Property Agent
incurs to acquire, warehouse, distribute, and other administrative
costs and expenses.
SECTION 819. AMENDATORY 80 O.S. 2021, Section 34.3, is
amended to read as follows:
Section 34.3. A. The Surplus Property Agent shall, under the
supervision and direction of the Director Chief Operating Officer of
the Office of Management and Enterprise Services:
1. Ascertain from the federal government through any of its
agencies, any surplus property available for sale, lease, or
donation either within or outside this state and shall notify the
state departments, boards, commissions, institutions, and agencies,
counties, cities, and towns, and school districts of the
availability of such property as is deemed necessary according to
the types and quantities of property available;
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2. Secure from state departments, boards, commissions,
institutions, and agencies and from counties, cities, and towns, and
school districts, estimates of their needs for surplus property and
keep federal agencies informed of such needs;
3. Purchase, or accept as gifts or donations, any surplus
property from the federal government, its departments or agencies
for redistribution, by sale or donation to any state department,
board, commission, institution, or agency and to counties, cities,
or towns, and school districts, and provide for the care and
handling, transportation, and warehousing of property if necessary;
4. Distribute surplus property to state departments, boards,
commissions, institutions, and agencies and to counties, cities,
towns, school districts, and other entities authorized by the
federal government to receive federal surplus property, provided,
the entity reimburses the Surplus Property Agent for the purchase
price and expenses incurred in connection with acquiring,
warehousing, and distributing the surplus property;
5. With the approval of the Director Chief Operating Officer of
the Office of Management and Enterprise Services, employ such
employees and assistants as may be necessary to carry out the
purposes of Sections 34.1 through 34.6 of this title;
6. Make acquisition of surplus automobiles in a manner
consistent with other applicable sections of law in this state; and
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7. Perform other duties as are necessary for the purposes of
Sections 34.1 through 34.6 of this title.
B. The surplus property agent may participate in programs
through which the Government of the United States offers to provide
surplus military equipment, including weapons, protective clothing
and transportation devices.
SECTION 820. AMENDATORY 80 O.S. 2021, Section 34.6, is
amended to read as follows:
Section 34.6. There is hereby created in the State Treasury a
revolving fund to be designated as the "State Surplus Property
Revolving Fund" which shall consist of all monies appropriated
thereto by the Legislature and all monies received by the Surplus
Property Agent from state departments, boards, commissions,
institutions, and agencies and from counties, cities, and towns, and
school districts and other authorized program participants as a
reimbursement to the state of monies spent in acquiring surplus
property for such entities, and for services to the entities. The
State Surplus Property Revolving Fund shall be a continuing fund,
not subject to fiscal year limitations, and shall be expended by the
Surplus Property Agent, under the supervision of the Director Chief
Operating Officer of the Office of Management and Enterprise
Services, for any expense incurred in the handling, transportation,
warehousing, distribution of surplus property received by purchase
or donation, including the purchase of trucks and equipment, the
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salary of the Surplus Property Agent and other employees' salaries,
other necessary expenses incurred in program administration and
operation and expenses the Office of Management and Enterprise
Services incurs to support program operations. Expenditures shall
be made from the fund on claims signed by the Surplus Property Agent
and approved for payment by the Director Chief Operating Officer of
the Office of Management and Enterprise Services. Excess funds
above the operational needs may be invested in any of the types of
instruments in which the State Treasurer is authorized by law to
invest. Interest earned shall be retained by the State Surplus
Property Revolving Fund, and the funds may be expended by the Office
of Management and Enterprise Services to acquire, improve, or
maintain state agency surplus property facilities.
SECTION 821. AMENDATORY 82 O.S. 2021, Section 866, is
amended to read as follows:
Section 866. The domicile of the district shall be in the
County of Mayes, where the district shall maintain its principal
office in charge of its Chief Executive Officer, until otherwise
designated by the affirmative vote of four directors. The district
shall cause to be kept complete and accurate accounts conforming to
any generally accepted accounting principles. The accounts and all
contracts, documents and records of the district shall be kept at
the principal office. The accounts and contracts shall be open to
public inspection at all reasonable times. The Board shall cause to
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be made and completed within ninety (90) days after the end of each
calendar year an audit of the books of account and financial records
of the district for such calendar year, such audit to be made by an
independent certified public accountant or firm of certified public
accountants. Electronic copies of the audit report, certified to by
the accountant or accountants, shall be placed and kept on file with
the Governor, the State Treasurer, Oklahoma Department of Libraries
and the State Auditor and Inspector, and at the principal office,
and shall be open to public inspection at all reasonable times. The
audit shall also be filed with the Director Chief Operating Officer
of the Office of Management and Enterprise Services, in accordance
with the requirements set forth for financial statement audits in
Section 212A of Title 74 of the Oklahoma Statutes.
SECTION 822. AMENDATORY 82 O.S. 2021, Section 1085.7A,
is amended to read as follows:
Section 1085.7A. A. There is hereby created in the State
Treasury a revolving fund for the Oklahoma Water Resources Board to
be designated the "Community Water Infrastructure Development
Revolving Fund".
B. The fund shall be a continuing fund, not subject to fiscal
year limitations, and shall consist of all monies received by the
Oklahoma Water Resources Board from the apportionment of gross
production tax revenues as prescribed by Section 1004 of Title 68 of
the Oklahoma Statutes.
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C. All monies accruing to the credit of said fund are hereby
appropriated and may be budgeted and expended by the Oklahoma Water
Resources Board for the purpose of establishing and maintaining
critical water infrastructure in all areas of the state, including
projects to implement the recommendations of the Oklahoma
Comprehensive Water Plan.
D. Expenditures from said fund shall be made upon warrants
issued by the State Treasurer against claims filed as prescribed by
law with the Director Chief Operating Officer of the Office of
Management and Enterprise Services for approval and payment.
SECTION 823. AMENDATORY 82 O.S. 2021, Section 1085.7C,
is amended to read as follows:
Section 1085.7C. A. There is hereby created in the State
Treasury a revolving fund for the Oklahoma Water Resources Board to
be designated the "Phase II Arbuckle-Simpson Hydrology Study
Revolving Fund".
B. The fund shall be a continuing fund, not subject to fiscal
year limitations, and shall consist of all monies received by the
Oklahoma Water Resources Board from the appropriations,
apportionments, donations, federal grants and fee revenues
designated for the purposes of completing in coordination with
relevant state and federal agencies, specifically including the
United States Geological Survey, data collection and development of
an enhanced hydrologic framework and modeling of the eastern
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Arbuckle-Simpson Groundwater Basin necessary for purposes of
implementing the requirements of subsection A of Section 1020.9 of
Title 82 of the Oklahoma Statutes, or as otherwise appropriate for
the Board's performance of its lawful function, which work is
necessary for completion of Phase II of the Arbuckle-Simpson
Hydrology Study.
C. All monies accruing to the credit of the fund are hereby
appropriated and may be budgeted and expended by the Oklahoma Water
Resources Board for the purpose of implementing Phase II of the
Arbuckle-Simpson Hydrology Study. The Board shall coordinate with
East Central University and the United States Geological Survey for
the purpose of defining the study scope and conducting the work
necessary to complete data collection and the development of an
enhanced hydrologic framework and modeling of the eastern Arbuckle-
Simpson Groundwater Basin necessary for purposes of implementing the
requirements of subsection A of Section 1020.9 of Title 82 of the
Oklahoma Statutes, or as otherwise appropriate for the Board's
performance of its lawful function. The Board may coordinate with
other relevant state and federal agencies necessary for the purposes
of this fund.
D. Expenditures from the fund shall be made upon warrants
issued by the State Treasurer against claims filed as prescribed by
law with the Director Chief Operating Officer of the Office of
Management and Enterprise Services for approval and payment.
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SECTION 824. AMENDATORY 82 O.S. 2021, Section 1085.93,
as amended by Section 3, Chapter 138, O.S.L. 2023 (82 O.S. Supp.
2025, Section 1085.93), is amended to read as follows:
Section 1085.93. A. There is hereby created in the State
Treasury a revolving fund for the Oklahoma Water Resources Board to
be designated the "Hazard Mitigation Financial Assistance Fund".
The fund shall be a continuing fund, not subject to fiscal year
limitations, and shall consist of all monies received by the
Oklahoma Water Resources Board from appropriations, dedicated
revenues, fees or other sources as provided by law. All monies
accruing to the credit of said fund are hereby appropriated and may
be budgeted and expended by the Oklahoma Water Resources Board for
the purpose of providing loans and grants for hazard mitigation.
Expenditures from said fund shall be made upon warrants issued by
the State Treasurer against claims filed as prescribed by law with
the Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment.
B. In addition to other lawful purposes, monies placed in the
Fund, exclusive of such amounts of interest derived from investment
deposits necessary to maintain the grant account, may be used by the
Board to implement hazard mitigation planning and projects,
including but not limited to, providing grants or loans to eligible
entities to:
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1. Develop a federal/state approved local/regional hazard
mitigation planning document;
2. Acquire land or a conservation easement from a willing
seller or grantor in order to mitigate hazards; or
3. Implement voluntary, incentive-based hazard mitigation
measures in order to facilitate compliance with state or national
regulations.
C. Monies in, or investment income derived from, the Hazard
Mitigation Financial Assistance Fund which is used to match any
grant funds provided by the Federal Emergency Management Agency or
any other federal agencies shall be restricted and used consistent
with federal agencies procedures or guidance or regulations
promulgated thereunder for hazard mitigation projects.
D. Monies in the Hazard Mitigation Financial Assistance Fund,
or investment income derived therefrom, shall be used by the
Oklahoma Water Resources Board and the Oklahoma Department of
Emergency Management and Homeland Security in carrying out their
responsibilities as provided in a written annual joint operating
agreement which shall include, among other matters, a budget for
administering the Oklahoma Hazard Mitigation Program.
E. The monies placed in the Hazard Mitigation Financial
Assistance Fund may be invested by the State Treasurer in an
adequately collateralized manner and as prescribed by Section 89.2
of Title 62 of the Oklahoma Statutes or pursuant to investment
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contracts or agreements with entities maintaining a rating in the
top two categories by a nationally recognized municipal bond rating
agency, all in a manner consistent with promulgated regulations.
The Board may transfer to the Hazard Mitigation Financial Assistance
Fund income derived from investment of the fund. Monies invested by
the State Treasurer shall be available to implement hazard
mitigation projects.
F. The Board shall cause to be completed an annual audit of any
expenditures from the Hazard Mitigation Financial Assistance Fund,
and such audit cost shall be included in the budget for
administering the Oklahoma Hazard Mitigation Program.
SECTION 825. AMENDATORY 82 O.S. 2021, Section 1087.6, is
amended to read as follows:
Section 1087.6. A. The Board may, subject to any limitations
otherwise imposed by law, receive and accept for and in the name of
the state any funds which may be offered or become available from
federal grants or appropriations, private gifts, donations or
bequests, or from any other source, and may expend such funds,
unless their use is restricted and subject to any limitations
otherwise provided by law, for the administration of this act for
operations and research and for the encouragement of research and
development by a state or public or private agency, either by direct
grant, by contract or other cooperative means.
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B. All monies received by the Board and derived from all
license and permit fees authorized and contemplated under the
provisions of this act or derived from all additional sources
referred to in subsection A of this section shall be deposited with
the State Treasurer and credited, apportioned and appropriated to a
separate and distinct fund to be known as the Oklahoma Weather
Modification Revolving Fund to be used to enforce, administer and
implement the weather modification powers, duties and
responsibilities of the Board. The Oklahoma Weather Modification
Revolving Fund herein created shall be a continuing fund not subject
to fiscal year limitations. No monies shall be paid out of the
Oklahoma Weather Modification Revolving Fund until the claim
therefor has been itemized and verified by the Board and the
Director Chief Operating Officer of the Office of Management and
Enterprise Services as provided by law. When so approved, the State
Treasurer shall draw his warrant therefor upon the State Treasurer
and the same shall be paid out of the Oklahoma Weather Modification
Revolving Fund hereby created.
SECTION 826. AMENDATORY 82 O.S. 2021, Section 1141, as
amended by Section 1, Chapter 351, O.S.L. 2024 (82 O.S. Supp. 2025,
Section 1141), is amended to read as follows:
Section 1141. A. There is hereby created in the State Treasury
a revolving fund for the Department of Transportation to be
designated the “Oklahoma Ports Infrastructure Revolving Fund
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(OPIRF)”. The fund shall be a continuing fund, not subject to
fiscal year limitations, for the purpose of pooling all monies
received by the Department of Transportation from appropriations,
dedicated revenues, federal funds, private contributions or other
sources authorized by law dedicated to the McClellan-Kerr Arkansas
River Navigation System (MKARNS) or the waterway ports of this
state. Such monies shall include but not be limited to:
1. Monies received by the Department of Transportation for
waterway projects or infrastructure projects at waterway ports;
2. Principal and interest and penalty payments on loans made
directly from appropriated monies in the fund; and
3. Any other sums deposited into the fund from any public or
private source.
All monies accruing to the credit of the fund are hereby
appropriated and may be budgeted and expended by the Department of
Transportation for qualified projects upon review by the Department
of Transportation and approval from the Transportation Commission.
Expenditures from the fund shall be made upon warrants issued by the
State Treasurer against claims filed as prescribed by law with the
Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment.
B. The monies placed in the OPIRF shall be invested by the
State Treasurer as prescribed by Section 89.2 of Title 62 of the
Oklahoma Statutes. Notwithstanding any other provision of law,
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income and earnings on the fund shall accrue to the fund and may be
used for the purposes provided for in this section. Any interest
earned by the State Treasurer from such funds invested shall be
deposited in the OPIRF.
C. As used in this section, a “qualified project” shall:
1. Enhance the safe and efficient operation of the commercial
waterway systems of this state; or
2. Repair, improve, or construct waterway or industrial park
infrastructure located at or within waterway ports of this state
that are determined to provide a public benefit.
Such projects shall be developed in consultation with the United
States Army Corps of Engineers and all Indian tribes with an
ownership interest in the riverbed of the Arkansas River when
necessary.
D. The OPIRF may be utilized by port authorities which have
active waterway ports in this state for pooling available federal,
private, and state monies for capital projects at their ports for
purposes authorized by Section 1106 of this title.
E. The Department of Transportation shall:
1. Grant or make loans from the OPIRF for qualified projects in
order to implement the provisions of this section;
2. Grant an amount not to exceed twenty percent (20%) of the
funds available in the OPIRF during any one (1) year for qualified
projects; and
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3. Loan an amount not to exceed thirty-five percent (35%) of
the funds available in the OPIRF during any one (1) year for
qualified projects.
No less than ten percent (10%) of the funds available in the
OPIRF during any one (1) year shall be reserved for emergency
repairs to ports or waterway infrastructure as authorized by the
Transportation Commission. Such determination of ten percent (10%)
shall be made based off of the funds available in the OPIRF at the
start of each calendar year.
F. The Department of Transportation shall promulgate rules
necessary to effectuate the provisions of this section. The
Department of Transportation shall also promulgate rules to ensure
that any grants or loans made from the OPIRF are made at market-
competitive terms.
SECTION 827. AMENDATORY 82 O.S. 2021, Section 1501-
205.2, is amended to read as follows:
Section 1501-205.2. A. There is hereby created in the State
Treasury a revolving fund to be designated as the "Geographic
Information Revolving Fund", which shall be under the control and
supervision of the Oklahoma Conservation Commission, and subject to
the recommendations of the State Geographic Information Council.
B. The fund shall be a continuing fund not subject to fiscal
year limitations, and shall consist of all monies specifically
appropriated to the fund by the Legislature within the Oklahoma
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Conservation Commission appropriation. The fund may obtain
additional monies through donation by any private entity, obtained
by grants or designated by any federal, state or local government
agency, as recommended by the State Geographic Information Council
and approved by the Executive Director of the Oklahoma Conservation
Commission, with specific intention for the purposes of carrying out
the duties of the Office of Geographic Information including, but
not limited to, the development and maintenance of base map
Geographic Information System (GIS) data layers.
C. Monies accruing to the fund may be expended by the
Conservation Commission for expenses associated with the Office of
Geographic Information.
D. Expenditures from the fund shall be made upon warrants
issued by the State Treasurer against claims filed with the Director
Chief Operating Officer of the Office of Management and Enterprise
Services for approval and payment.
SECTION 828. AMENDATORY 82 O.S. 2021, Section 1801.4, is
amended to read as follows:
Section 1801.4. A. Funding to administer the provisions of the
Oklahoma Weather Modification Act shall be provided by an
appropriation of up to One Million Dollars ($1,000,000.00) made
pursuant to law. In addition, voluntary participation by insurance
companies and other interested persons, firms or corporations to
reach a goal of Two Million Dollars ($2,000,000.00) for a total of
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Three Million Dollars ($3,000,000.00) for the first year of the
program. Goals for successive years will be Three Million Dollars
($3,000,000.00) from the insurance companies and other interested
parties. Voluntary assessments for insurance companies pursuant to
this section shall be based on the amount of insurance premiums
written in this state on property insurance, as defined in Section
704 of Title 36 of the Oklahoma Statutes, and casualty insurance as
defined in Section 707 of Title 36 of the Oklahoma Statutes,
excluding accident and health insurance, workers' compensation
insurance, burglary and theft insurance, leakage and fire
extinguishing equipment insurance, credit insurance, malpractice
insurance, and entertainments insurance.
B. Funding assessments to the insurance companies related to
the provisions of this section shall be administered by the State
Insurance Department. The Insurance Department shall be authorized
to employ one additional full-time employee to perform these duties,
funding for which shall be provided by proceeds derived from the
provisions of this act. The State Insurance Department is hereby
authorized to promulgate rules necessary to implement the provisions
of this section.
C. There is hereby created an account within the Oklahoma
Weather Modification Revolving Fund created pursuant to Section
1085.6 of this title. The account shall be designated as the
"Voluntary Participation Account" and shall consist of all monies
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received on behalf of the Oklahoma Weather Modification program
pursuant to this act. All monies accruing to the credit of the
account are hereby appropriated and may be budgeted and expended by
the Oklahoma Weather Modification Advisory Board for expenses
relating to administration, duties, operations, maintenance, special
projects and acquisitions for the Weather Modification Program.
Expenditures from the account shall be made upon warrants issued by
the State Treasurer against claims filed as prescribed by law with
the Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment.
SECTION 829. AMENDATORY 85A O.S. 2021, Section 28.1, is
amended to read as follows:
Section 28.1. There is hereby created in the State Treasury a
revolving fund for the Workers' Compensation Commission to be
designated the "Workers' Compensation Commission Revolving Fund".
The fund shall be a continuing fund, not subject to fiscal year
limitations, and shall consist of all monies received by the
Workers' Compensation Commission from the revenues apportioned
pursuant to Section 122 of Title 85A of the Oklahoma Statutes and
such other sources as may be provided by law. All monies accruing
to the credit of said fund are hereby appropriated and may be
budgeted and expended by the Workers' Compensation Commission for
the purpose of funding the operations of the Commission and
administering the Administrative Workers' Compensation Act and for
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any other purposes related to the Administrative Workers'
Compensation Act that the Commission deems appropriate.
Expenditures from said fund shall be made upon warrants issued by
the State Treasurer against claims filed as prescribed by law with
the Director Chief Operating Officer of the Office of Management and
Enterprise Services for approval and payment.
SECTION 830. AMENDATORY 85A O.S. 2021, Section 124, is
amended to read as follows:
Section 124. A. 1. All unexpended funds, assets, property,
records, personnel and any outstanding financial obligations and
encumbrances of the Workers' Compensation Court before February 1,
2014, are hereby transferred to the Workers' Compensation
Commission. The personnel transferred shall retain leave, sick and
annual time earned and any retirement and longevity benefits which
have accrued during their employment with the state. The salaries
of employees who are transferred shall not be reduced as a direct
and immediate result of the transfer. There shall be no reduction-
in-force as a result of the transfer.
2. Any unexpended funds, including interest thereon, held by
the State Treasurer in an interest-bearing division special account
maintained by the Workers' Compensation Court before February 1,
2014, from which a self-insured employer's workers' compensation
obligations are paid following nonpayment by the self-insured
employer for any reason, including insolvency, shall be transferred
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to the Workers' Compensation Commission. Such funds shall be
expended by the Commission only for the purpose of paying workers'
compensation obligations of the self-insured employer, and costs
related to the administration of such obligations, to the extent of
the availability of such funds.
B. 1. All unexpended funds, assets, property, and records and
any outstanding financial obligations and encumbrances of the
Workers' Compensation Self-insurance Guaranty Fund Board before
February 1, 2014, are hereby transferred to the Self-insurance
Guaranty Fund Board created in the Administrative Workers'
Compensation Act.
2. Any unexpended funds, including interest thereon, held by
the State Treasurer in the Workers' Compensation Self-insurance
Guaranty Fund before February 1, 2014, shall be transferred to the
Self-insurance Guaranty Fund Board created by the Administrative
Workers' Compensation Act. Such funds shall be expended by the
Board only as authorized in the Administrative Workers' Compensation
Act.
3. Any claim existing or action or proceeding pending by,
against or before the Workers' Compensation Self-insurance Guaranty
Fund Board when the Board ceased existence may be continued as if
the Self-insurance Guaranty Fund Board was not created, or the Self-
insurance Guaranty Fund Board may be substituted in the matter. The
Self-insurance Guaranty Fund Board shall be responsible and liable
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for all liabilities and obligations of the Workers' Compensation
Self-insurance Guaranty Fund Board.
C. All property and records of the Physician Advisory Committee
before February 1, 2014, are hereby transferred to the Physician
Advisory Committee created in the Administrative Workers'
Compensation Act.
D. All property and records of the Advisory Council on Workers'
Compensation before February 1, 2014, are hereby transferred to the
Advisory Council on Workers' Compensation created in the
Administrative Workers' Compensation Act.
E. All unexpended funds, assets, property, records, personnel
and any outstanding financial obligations and encumbrances of the
Multiple Injury Trust Fund before February 1, 2014, are hereby
transferred to the Multiple Injury Trust Fund created in the
Administrative Workers' Compensation Act. The personnel transferred
shall retain leave, sick and annual time earned and any retirement
and longevity benefits which have accrued during their employment
with the state. The salaries of employees who are transferred shall
not be reduced as a direct and immediate result of the transfer.
There shall be no reduction-in-force as a result of the transfer.
F. The Director Chief Operating Officer of the Office of
Management and Enterprise Services is hereby directed to coordinate
the transfer of funds, allotments, purchase orders, outstanding
financial obligations or encumbrances provided for in subsections A
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and E of this section, and the transfer of funds, outstanding
financial obligations or encumbrances provided for in subsection B
of this section.
SECTION 831. AMENDATORY 85A O.S. 2021, Section 401, as
amended by Section 4, Chapter 279, O.S.L. 2024 (85A O.S. Supp. 2025,
Section 401), is amended to read as follows:
Section 401. All monies received by the Workers’ Compensation
Court of Existing Claims (CEC) from all filing fees, fees related to
the preparation of appeals from the CEC, records search fees, and
penalties and fines imposed by the CEC trial judge and collected by
the Administrator of the Workers’ Compensation Commission shall be
deposited in the Workers’ Compensation Commission Revolving Fund.
All monies accruing to the credit of the fund are hereby
appropriated and may be budgeted and expended by the Commission for
the necessary expenses of the Commission in performing
administrative duties on behalf of the Workers’ Compensation Court
of Existing Claims including filing new claims, docketing,
maintaining records, preparing records for appeal, and preparation
of orders. Expenditures from the fund shall be made upon warrants
issued by the State Treasurer against claims filed as prescribed by
law with the Director Chief Operating Officer of the Office of
Management and Enterprise Services for approval and payment.
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SECTION 832. AMENDATORY 85A O.S. 2021, Section 401.1, as
amended by Section 5, Chapter 279, O.S.L. 2024 (85A O.S. Supp. 2025,
Section 401.1), is amended to read as follows:
Section 401.1. There is hereby created in the State Treasury a
revolving fund for the Workers’ Compensation Court of Existing
Claims (CEC) to be designated the “Workers’ Compensation Court of
Existing Claims Administrative Fund (CECAF)”. The fund shall be a
continuing fund, not subject to fiscal year limitations, and shall
consist of all monies received by the CEC from revenues apportioned
pursuant to Section 122 of this title prior to the effective date of
this act. All monies accruing to the credit of the fund are hereby
appropriated and may be budgeted and expended by the Administrative
Director of the Courts to fund the operations and all expenses
associated with the CEC trial judge and all three-judge en banc
panel appeals adjudicated by the CEC Division of the Court of Civil
Appeals and to administer the provisions of Titles 85 and 85A of the
Oklahoma Statutes. Expenditures from the fund shall be made upon
warrants issued by the State Treasurer against claims filed as
prescribed by law with the Director Chief Operating Officer of the
Office of Management and Enterprise Services for approval and
payment.
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Passed the House of Representatives the 25th day of March, 2026.
Presiding Officer of the House
of Representatives
Passed the Senate the _____ day of __________, 2026.
Presiding Officer of the Senate