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SENATE FLOOR VERSION
February 17, 2026
AS AMENDED
SENATE BILL NO. 1356 By: Bullard
[ state government - fund - contract - report - Civil
Service Division - procedures - Pay for Success
Innovation Fund - Office of Veterans Placement -
promulgation of rules - Fleet Management Division -
Fleet Oversight Manager - monies - authority -
statement - duties - State Use Advisory Council -
codification - recodification – repealers - effective
date -
emergency ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. 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
Enterprise Services Department of Corrections 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
Department 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 Management and Enterprise Services
Department 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 Department shall provide payment to social
service providers for the delivery of predefined criminal justice
outcomes. The Office of Management and Enterprise Services
Department 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
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 Department that
successful completion of the diversion or reentry program was
achieved by the participant pursuant to contract. Expenditures from
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the fund shall be made upon warrants issued by the State Treasurer
against claims filed as prescribed by law with the Director of the
Office of Management and Enterprise Services for approval and
payment.
SECTION 2. 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:
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 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 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:
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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;
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
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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
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 shall submit electronically 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
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two (2) fiscal years, and shall be provided on forms prescribed by
the Director of the Office of Management and Enterprise Services.
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 or a lease
agreement that provides an option for the State of Oklahoma or its
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. 1. Not later than January 1, the Director of the Office of
Management and Enterprise Services shall publish a shared financial
services cost-performance assessment report documenting the amount
of each state agency’s cost for providing shared financial services.
The lowest ranking state agencies shall enter into be offered a
contract with the Office of Management and Enterprise Services for
the provision of shared financial services, provided that the
Director of the Office of Management and Enterprise Services:
a. determines that implementation of such a contract
would be feasible, and
b. documents that the contractual agreement will result
in cost savings or efficiencies to the state.
Contracts required provided for by this subsection shall be
entered into at the start of the next fiscal year.
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2. When a state agency is contracted receives an offer to
contract with the Office of Management and Enterprise Services for
the provision of shared financial services, the agency may
discontinue using decline such shared financial services when by
providing to the Director of the Office of Management and Enterprise
Services documentation showing that the agency can provide the
financial services at a lower cost to the state is provided to and
approved by the Director 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.
3. On a yearly basis, the Director of the Office of Management
and Enterprise Services shall compile and publish a report
documenting the cost savings resulting from shared financial
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.
4. On a yearly basis, a state agency that declined an offer to
contract with the Office of Management and Enterprise Services for
the provision of shared financial services shall compile and publish
a report demonstrating that the agency provided such services at a
lower cost to the state. If an agency fails to publish such report
or demonstrate such lower cost, the agency shall enter into a
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contract with the Office of Management and Enterprise Services to
provide shared financial services at the start of the next fiscal
year.
5. As used in this subsection, “financial services” means
purchasing, billing, financial reporting, budget support, and other
related processes.
SECTION 3. AMENDATORY 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), is amended to read as follows:
Section 34.301. A. This act shall be known and may be cited as
the “Civil Service and Human Capital Modernization Act”.
B. The Human Capital Management Division and the Civil Service
Division of the Office of Management and Enterprise Services
Department of Labor shall:
1. Establish and maintain a State Employee Dispute Resolution
Program, which may include mediation, to provide dispute resolution
services for state agencies and state employees. Actions agreed to
through the State Employee Dispute Resolution Program shall be
consistent with applicable laws and rules and shall not alter,
reduce, or modify any existing right or authority as provided by
statute or rule;
2. Establish rules pursuant to the Administrative Procedures
Act as may be necessary to perform the duties and functions of this
act, including creating an Office of Veterans Placement to offer
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counseling, assessment and assistance to veterans seeking state
employment the Civil Service and Human Capital Modernization Act;
3. Receive and only act on complaints by state employees
arising from disciplinary action;
4. Use administrative law judges as independent contractors or
administrative law judges provided by the Office of the Attorney
General to exercise the provisions of this act the Civil Service and
Human Capital Modernization Act;
5. Submit Electronically submit quarterly reports on workload
statistics to the Governor, the Speaker of the Oklahoma House of
Representatives, and the President Pro Tempore of the Oklahoma State
Senate containing the following information:
a. the number of cases, complaints, and requests for
hearings filed, disposed of and pending with the
Divisions Division for each month of the quarter, and
b. a numerical breakdown of the methods of disposition of
such cases, complaints, and requests for hearing.
Quarterly reports shall be submitted within thirty (30) days
following the last day of the month of the appropriate quarter;
6. Create a confidential whistleblower program and serve as the
chief administrator of such program whereby a state employee may
confidentially report claims of agency or employee mismanagement as
well as criminal misuse of state funds or property. Mismanagement
includes fraudulent activity or abuse or violation of a well-
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established, articulated, clear, and compelling public policy. The
Office of the Attorney General shall have the authority to
investigate and determine whether to prosecute such whistleblower
claims. The Attorney General shall also have the power to refer
such claims to the appropriate district attorney; and
7. Receive and act upon complaints from disciplinary action and
grievances filed by state employees employed to perform duties as
outlined in paragraph 6 of subsection E of Section 3311 of Title 70
and Section 2-105 of Title 47 of the Oklahoma Statutes and to
establish rules pursuant to the Administrative Procedures Act as may
be necessary to carry out this objective and the right to be heard.
C. Complaints shall be filed with the Civil Service Division
within ten (10) business days of the date of when such action
occurred and hearings shall take place within thirty (30) business
days from the filing of the complaint, with the exception of actions
filed pursuant to paragraph 7 of subsection B of this section.
D. Employees filing a complaint with the Civil Service Division
shall prove that there was no reasonable basis for the disciplinary
action by the state agency. The review of the merits of the
complaint may be limited to the employee disciplinary file directly
at issue. In the event documents needed are not maintained in the
disciplinary file, or additional witnesses are requested by the
parties, the administrative law judge shall have the discretion to
allow additional documentation or witnesses regarding the
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disciplinary action taken. Complaints relating to punitive
transfers shall be administrated through mediation first and shall
only proceed to a hearing if mediation is unsuccessful. Employees
who were offered a relocation incentive as set forth in
administrative rule shall not be deemed as being subject to a
punitive transfer. Complaints relating to written reprimands shall
be administered through mediation exclusively, and state employees
employed to perform duties as outlined in paragraph 6 of subsection
E of Section 3311 of Title 70 and Section 2-105 of Title 47 of the
Oklahoma Statutes shall be permitted to proceed to a hearing if
mediation is unsuccessful. Mediation may also be available for
other disciplinary actions.
E. Claimants shall be permitted to secure and utilize
representation during the adverse action process.
F. The presiding officer of any proceeding before the Civil
Service Division may require payment of reasonable attorney fees and
costs to the prevailing party if the position of the nonprevailing
party was without reasonable basis or was frivolous.
G. For purposes of this section, “disciplinary actions” means
termination, suspension without pay, involuntary demotion, punitive
transfers, or written reprimand.
H. Nothing in this section shall apply to:
1. Persons employed by the Governor, the Lieutenant Governor,
Oklahoma the House of Representatives, Oklahoma State the Senate,
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the Legislative Service Bureau, or the Legislative Office of Fiscal
Transparency;
2. Elected officials;
3. Political appointees;
4. District attorneys, assistant district attorneys or other
employees of the district attorney’s office, and the District
Attorneys Council;
5. The state judiciary or persons employed by the state
judiciary;
6. Not more than five percent (5%) of an agency’s employees
designated as executive management as determined by the agency
director and the agency shall designate the status of the employee
as state employee or executive management in the State of Oklahoma’s
Human Resources Information System human resources information
system, maintained by the Human Capital Management Division;
7. Temporary employees employed to work less than one thousand
(1,000) hours in any twelve-month period;
8. Seasonal employees employed to work less than one thousand
six hundred (1,600) hours in any twelve-month period;
9. Employees in a trial period; or
10. State employees whose employment status is otherwise
provided by law.
I. Except as provided by subsection H of this section,
effective January 1, 2022, all state employee positions shall be
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administered by the Human Capital Management Civil Service Division
of the Office of Management and Enterprise Services Department of
Labor, without reference to prior classified or unclassified status.
J. In collaboration with executive branch agencies, and their
human resources personnel, the Human Capital Management
Administrator Commissioner of Labor shall establish and define
statewide minimum standards for human resource business processes,
based on industry standards and statewide best practices, to be
followed by all executive branch agencies. The Human Capital
Management Administrator Commissioner of Labor has the authority to
grant exceptions to the statewide minimum standards. Additionally,
the Human Capital Management Administrator Commissioner of Labor
shall establish and maintain a statewide job catalog and pay
structure for executive branch jobs and establish policies and
procedures for a market-based pay system, pay-for-performance
system, and dispute resolution process for issues that do not rise
to a disciplinary action as provided by the Civil Service and Human
Capital Modernization Act. The Human Capital Management
Administrator Commissioner of Labor shall promulgate rules necessary
to carry out the authority set forth in this section.
K. The Civil Service Division is authorized to employ attorneys
or contract with private attorneys to serve as legal counsel to the
Civil Service Division. The attorneys shall be authorized to appear
for and represent the Civil Service Division in all litigation that
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may arise from the discharge of its duties, including the
representation of the Civil Service Division when its decisions are
appealed to higher courts. Attorneys employed by the Office of
Management and Enterprise Services Department to represent the Civil
Service Division shall represent the Civil Service Division
notwithstanding its representation of the Office of Management and
Enterprise Services Department in the same or related matters
pending before the Civil Service Division or before any court. The
Office of Management and Enterprise Services Department shall
establish internal administrative procedures to ensure that all
departments divisions within the Office of Management and Enterprise
Services Department are provided independent legal representation,
and such simultaneous representation shall not, of itself, be deemed
to constitute a conflict of interest.
L. The Civil Service Division shall be exempt from the
requirements set forth in Section 20i of Title 74 of the Oklahoma
Statutes when carrying out the duties and functions of this act the
Civil Service and Human Capital Modernization Act.
M. On and after the effective date of this act, the Civil
Service Division of the Office of Management and Enterprise Services
is transferred to the Department of Labor. All personnel of the
Civil Service Division are hereby transferred to the Department and
shall become employees of the Department.
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SECTION 4. AMENDATORY 62 O.S. 2021, Section 9010.4, is
amended to read as follows:
Section 9010.4. A. An agency or agencies may enter into a pay-
for-success contract with a private entity or entities to receive
up-front capital to fund a service or program. The agency or
agencies may not enter into a pay-for-success contract until each
state agency head entering into the contract determines with
reasonable certainty that the contract will result in a public
benefit to the state.
B. Each pay-for-success contract shall:
1. Require a private entity to underwrite or secure up-front
capital from private funding sources, including foundations,
financial institutions, businesses or individuals;
2. Identify the specific service or program to be funded under
the contract;
3. Identify performance targets and outcome measures against
which the service or program’s success can be measured to determine
whether the service or program has achieved quantifiable public
benefits or monetary savings;
4. Require and specify an independent third-party evaluator to
review and issue reports annually at specific times during the
contract term specifying the degree to which the service or program
has met the identified performance targets and outcome measures
specified in the contract;
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5. Identify the calculation or algorithm to be used by the
agency or agencies in determining the amount and timing of
reimbursable success payments to the private entity;
6. Contain a statement that the independent third-party
evaluator will annually provide a report to the agency or agencies
that includes data deemed relevant by the agency or agencies; and
7. State that the amount of funds to be reimbursed to the
private entity is contingent upon the degree to which the service or
program has met the performance targets and outcome measures as
evaluated by the independent third-party evaluator.
C. No later than April 1 annually, the agency or agencies shall
provide a report to the chairs of the legislative appropriations
committees that contains the evaluation from the independent third-
party evaluator.
D. Payments to private entities for the delivery of performance
targets and outcome measures as authorized in this section shall be
made only in accordance with the terms of the pay-for-success
contract. Payments may be made utilizing the Pay for Success
Innovation Fund created in Section 5 of this act or utilizing other
appropriated agency funds in accordance with Oklahoma law.
SECTION 5. AMENDATORY 62 O.S. 2021, Section 9010.5, is
amended to read as follows:
Section 9010.5. 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 “Pay for Success Innovation
Fund”. The fund shall be a continuing fund, not subject to fiscal
year limitations, and shall consist of all monies designated by
state agencies to the Pay for Success Innovation 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 as authorized by this act. Pursuant to
contract, the Office of Management and Enterprise Services shall
provide payment to private entities for the delivery of performance
targets and outcome measures at the direction of the agency engaged
in the contract and only in accordance with the terms of the pay-
for-success contract.
C. To the extent that any money credited to this fund for a
particular pay-for-success contract remains unpaid at the time the
particular contract expires or is terminated, as soon after the
contract expiration as is practicable, the Office of Management and
Enterprise Services shall return the unpaid amount to the agency to
which the money was originally appropriated.
D. The Office of Management and Enterprise Services may enter
into memorandums of understanding with other agencies and promulgate
rules as necessary to administer this section and pay-for-success
contracts entered into under this section On the effective date of
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this act, all monies accrued to the credit of the fund shall be
returned to the agencies to which the monies were originally
appropriated for the purpose of funding contracts as authorized by
the Pay for Success Act. No further monies shall be deposited in
the fund after the effective date of this act.
SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 63.23 of Title 72, unless there
is created a duplication in numbering, reads as follows:
A. On and after the effective date of this act, the Office of
Veterans Placement in the Human Capital Management Division of the
Office of Management and Enterprise Services is transferred to the
Oklahoma Department of Veterans Affairs. All personnel of the
Office of Veterans Placement are hereby transferred to the
Department and shall become employees of the Department.
B. The Office of Veterans Placement shall offer counseling,
assessment, and assistance to veterans seeking state employment.
C. The Department is authorized to promulgate rules necessary
to effectuate the provisions of this section.
SECTION 7. 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 Oversight Division. The Division shall provide oversight
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of and advice to state agencies that own, operate, and utilize motor
vehicles. All agencies shall be subject to Fleet Management
Oversight 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 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 of the Office of Management and Enterprise
Services shall:
1. Appoint and fix duties and compensation for a Fleet
Oversight Manager who shall serve as the administrative head of the
division Division;
2. Hire personnel as necessary to provide fleet oversight
services;
3. Acquire facilities to maintain vehicles;
4. Promulgate rules for efficient and economical operations to
provide fleet services to ensure a uniform system of marking
vehicles, recordkeeping, and reporting; and
5. 4. Report electronically to the Governor, the Speaker of the
House of Representatives, and the President Pro Tempore of the
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Senate those agencies that fail to comply with the provisions of law
and the rules of the Fleet Management Oversight 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
acquisition, operation, maintenance, and repair costs for mandatory
use by all state agencies to report the data to the Fleet Management
Oversight Division on a monthly basis as provided for in Section 12
of this act;
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
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Fleet Manager for the prior month no later than the twentieth day
following the close of each month;
7. 2. 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; and
8. 3. 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 Oversight
Manager such information by October 1 or before June 30 of each
year; and
9. Address any other matter or practice which relates to the
responsibilities of the Director of the Office of Management and
Enterprise Services.
D. The Fleet Oversight 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 the inventory of motor
vehicles for each 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;
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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. 2. Report to the Director 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
Oversight 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
8. 3. Provide, upon the request of the Governor, the President
Pro Tempore of the Senate, or the Speaker of the House of
Representatives, electronic reports from data the Fleet Oversight
Manager collects.
E. The Director 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 of the Office of Management and Enterprise
Services, through the Fleet Management Division, may enter into
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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:
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 8. 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:
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Section 78a. A. State agencies with authority to own motor
vehicles shall, after the acquisition of a motor vehicle,
electronically submit a requisition report to the Director Fleet
Oversight Division of the Office of Management and Enterprise
Services prior to acquisition of a motor vehicle. The requisition
report 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, the amount that the state
agency expended to acquire the vehicle, and 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 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.
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 9. AMENDATORY 74 O.S. 2021, Section 78b, as
amended by Section 9, Chapter 199, O.S.L. 2025 (74 O.S. Supp. 2025,
Section 78b), is amended to read as follows:
Section 78b. A. A state agency shall notify the Fleet
Management Division of the Office of Management and Enterprise
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Services not less than thirty (30) days prior to any vehicle
disposal by the state agency.
B. A state agency shall not dispose of a passenger car, truck,
pickup, or other vehicle the state agency owns until it has been in
use for sixty thousand (60,000) miles or at least twenty-four (24)
months have elapsed since the day the claim was approved for the
payment thereof, unless the vehicle has damage and repairs that will
exceed Two Thousand Five Hundred Dollars ($2,500.00), or the
Director executive head of the Fleet Management Division of the
Office of Management and Enterprise Services state agency provides
written authorization for disposal. Such written authorization
shall be attached to the motor vehicle inventory records submitted
to the Fleet Oversight Division of the Office of Management and
Enterprise Services as provided for in Section 12 of this act.
SECTION 10. AMENDATORY 74 O.S. 2021, Section 78c, is
amended to read as follows:
Section 78c. A. There is hereby created a special fund to be
designated the “State Fleet Management Fund”. The fund may be
appropriated for and used for the acquisition, leasing, operation,
storage, maintenance, repair and replacement of motor vehicles under
the control of the Fleet Management Division, the payment of
insurance premiums, the payment of the administrative expenses of
the Division in connection with the operation of the motor pool,
expenses the Office of Management and Enterprise Services incurs to
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support Division operations, and for expenses associated with
constructing, installing, acquiring, and operating alternative
fueling infrastructure and acquiring alternative fuel vehicles for
use by state agencies or for leasing and transferring to political
subdivisions of the state as authorized pursuant to Section 78e of
this title.
B. At the end of each month the Division shall render a
statement, on such reasonable basis of mileage or rental as shall be
established by the Division, to all state agencies to which
transportation has been furnished, and all amounts collected shall
be deposited to the credit of the “State Fleet Management Fund”.
C. Proceeds from the disposition of motor vehicles or other
property owned by the Division shall be deposited to the credit of
the fund.
D. Payments received by the Office for the lease of alternative
fueling infrastructure and vehicles as provided for in Section 78e
of this title shall be deposited to the credit of the fund.
E. The Fleet Management Division is authorized to maintain a
petty cash fund in such amount not exceeding Two Thousand Dollars
($2,000.00) to make immediate cash payments as are required or
necessary in the opinion of the Fleet Management Director. Any such
cash disbursement shall be made only by the persons so designated by
the Fleet Management Director, and only in the payment of claims
authorized by law. Such proofs and receipts shall be presented by
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the person making a claim as is required by the Fleet Management
Director On the effective date of this act, all monies accrued to
the credit of the fund shall be transferred to any state agency that
would have been required prior to the effective date of this act to
deposit monies in the fund. Such transfer of monies shall be made
on the basis of the proportion of the state vehicle fleet maintained
by such state agency. No further monies shall be deposited in this
fund after the effective date of this act.
SECTION 11. AMENDATORY 74 O.S. 2021, Section 78d, as
amended by Section 2, Chapter 351, O.S.L. 2023 (74 O.S. Supp. 2025,
Section 78d), is amended to read as follows:
Section 78d. The Fleet Management Oversight Division of the
Office of Management and Enterprise Services shall electronically
furnish to the Governor, the President Pro Tempore of the Senate,
and the Speaker of the House of Representatives, at the close of
each fiscal year a statement showing the financial condition of the
Division, an inventory of all motor vehicles regardless of exemption
or oversight status, the vehicle fleet of all state agencies; a
statement showing the amount spent by each state agency on
acquiring, maintaining, and utilizing motor vehicles; and such other
information regarding the state motor vehicle transportation system
as is necessary for a proper understanding of the operation of such
system and of the financial condition of the motor pool operations
vehicle fleet of all state agencies.
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SECTION 12. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 80 of Title 74, unless there is
created a duplication in numbering, reads as follows:
A. On and after the effective date of this act, each state
agency that is authorized to own, operate, and utilize motor
vehicles in this state shall be responsible for the purchase,
management, and maintenance of motor vehicles for the agency. Each
agency shall promulgate rules, develop a plan for routine
maintenance and inspection, and maintain accurate recordkeeping for
all motor vehicles within the fleet for reporting as prescribed by
law.
B. All state agencies that are authorized to own, operate, and
utilize motor vehicles shall, on or before June 30 of each year,
electronically submit a report regarding the amount spent to
purchase, manage, and maintain motor vehicles for the agency to the
Fleet Oversight Division of the Office of Management and Enterprise
Services.
SECTION 13. 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 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 of
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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 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:
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 85.41a of
this act title 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
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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
Oklahoma 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 Oklahoma 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 purchase card agreement prior to becoming a cardholder cardholders
and to attend purchase card procedure training. The Oklahoma
Department of Commerce will conduct quarterly internal auditing on
all purchase card transactions associated with business and travel
in foreign locations.
SECTION 14. AMENDATORY 74 O.S. 2021, Section 85.42, as
amended by Section 9, Chapter 336, O.S.L. 2025 (74 O.S. Supp. 2025,
Section 85.42), is amended to read as follows:
Section 85.42. A. 1. Except as otherwise provided for in this
section or other applicable law, any agency, whether or not such
agency is subject to the Oklahoma Central Purchasing Act, shall be
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prohibited from entering into a sole-source contract or agreement or
a contract or agreement for professional services with or for the
services of any person who has terminated employment with or who has
been terminated by that agency for one (1) year after the
termination date of the employee from the agency. Any contract or
agreement entered into in violation of this subsection shall be
void. Any person found to have violated this subsection shall be
prohibited from entering into any state contract for a period of
five (5) years from the date of the execution of the contract or
agreement. The provisions of this subsection shall not prohibit an
agency from hiring or rehiring such person as a state employee.
2. Any chief administrative officer of an agency, whether or
not such agency is subject to the Oklahoma Central Purchasing Act,
shall not enter into any contract for nonprofessional or
professional services for the purpose of or which would result in
the circumvention of the full-time-equivalent employee limitation
established by law for such agency.
B. Each contract, including change orders, extensions,
renewals, or amendments, entered into by any person or firm with the
State of Oklahoma shall include a statement certifying that no
person who has been involved in any manner in the development,
approval, or negotiation of such contract while employed by the
state shall be employed or given anything of value to fulfill any of
the services provided for under the contract. Each contract,
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including change orders, extensions, renewals, or amendments, shall
include a statement from the chief executive officer or head of the
contracting state agency, or specified designee of such, certifying
that no known officer or employee of the contracting state agency
who has any direct or indirect financial, pecuniary, or other
personal interest in the contract has been involved in any manner in
the development, approval, or negotiation of the contract through
influence, decision, recommendation, or otherwise. This subsection
shall not preclude faculty and staff of the institutions within The
Oklahoma State System of Higher Education from negotiating and
participating in research grants and educational contracts. This
subsection shall not apply to Oklahoma Department of Commerce
personnel who contract to provide services to the Oklahoma Capital
Investment Board.
C. As used in this section, “person” means any state official
or employee of a department, board, bureau, commission, agency,
trusteeship, authority, council, committee, trust, school district,
fair board, court, executive office, advisory group, task force,
study group, supported in whole or in part by public funds or
entrusted with the expenditure of public funds or administering or
operating public property, and all committees, or subcommittees
thereof, judges, justices and state legislators.
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D. Notwithstanding anything to the contrary in this section,
the following sole-source or professional services contracts are
allowed at any time:
1. A contract for professional services at any time with a
person who is a qualified interpreter for the deaf; and
2. A contract between a business entity that is a part-time
certified court reporter and the Administrative Office of the
Courts, on behalf of the district courts, or the Office of the
Attorney General.
E. Provided the provisions specified in subsection B of this
section are satisfied, the following professional services contracts
are allowed:
1. The Department of Transportation, Oklahoma Water Resources
Board, Department of Environmental Quality, Oklahoma Tourism and
Recreation Department, the Oklahoma Turnpike Authority and the
Oklahoma Department of Agriculture, Food, and Forestry may contract
with a person who has retired from state service;
2. To maintain public health infrastructure and preparedness,
the State Department of Health and city-county health departments
may contract with a physician assistant, Registered Nurse, advanced
practice nurse Advanced Practice Registered Nurse, Nurse-Midwife,
registered dietician, occupational therapist, physical therapist or
speech-language pathologist who has retired from state service; and
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3. The Department of Mental Health and Substance Abuse Services
may contract with a physician, Registered Nurse, registered
pharmacist or person meeting the definition of a licensed mental
health professional, as defined in Title 43A of the Oklahoma
Statutes, who has separated and/or or retired from state service.
SECTION 15. AMENDATORY 74 O.S. 2021, Section 110.3, is
amended to read as follows:
Section 110.3. A. All state agencies shall maintain inventory
records of its their motor vehicles. The records shall include:
1. A detailed description of each vehicle, including its
original cost;
2. The vehicle identification number;
3. The license tag number;
4. The make, model, and year of the vehicle; and
5. A designation of loaned or leased vehicles and the name of
the vendor.
B. Each state agency regardless of the exceptions granted in
Section 78 of this title shall, on or before June 30 of each year,
provide motor vehicle inventory records to the Office of Management
and Enterprise Services at such times as may be requested by the
Fleet Management Oversight Division of the Office of Management and
Enterprise Services, as provided for in Section 12 of this act.
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SECTION 16. 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 (OMES). The chief administrative officer shall be the
Director of the Office of Management and Enterprise Services. In
addition to the other duties imposed by law, the Director 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;
2. Organize the Office OMES to provide both service and
regulatory functions that are effective and efficient in meeting the
management needs of various state agencies. The Director 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;
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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. 4. Conduct an analysis of the rates of pay prevailing in the
state in the public and private sectors for comparable jobs and
report electronically 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;
6. 5. Assist state agencies in implementing their duties and
obligations and provide standard forms to the agencies if necessary;
7. 6. 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 may establish and
collect fees for participation in training programs. The Director
is authorized to purchase awards for presentation to state employees
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as part of employee recognition activities sponsored by the Office
of Management and Enterprise Services;
8. 7. 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 the Civil
Service and Human Capital Modernization Act and reduction-in-force;
9. 8. 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;
10. 9. Be responsible for advising state agencies on personnel
policy and administration;
11. 10. 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
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attend, required training programs and shall make time available for
employees to complete the programs. The Director 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. 11. 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%),
b. selected jobs identified by the Director 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 in which
recruitment efforts have yielded a low number of
qualified applicants;
13. 12. Establish a workforce planning function within the
Office of Management and Enterprise Services to assist state
agencies in analyzing the current workforce, determining future
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workforce needs, and implementing solutions so that agencies may
accomplish their missions; and
14. 13. 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 17. 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. A. There is hereby created in the Office of
Management and Enterprise Services State Department of
Rehabilitation Services an advisory council to be known as the
“State State Use Advisory Council” 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;
2. The Director of the Office of Management and Enterprise
Services, or a designee;
3. The Director of the State Department of Rehabilitation
Services, or a designee;
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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 a 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.
SECTION 18. AMENDATORY Section 2, Chapter 252, O.S.L.
2022 (74 O.S. Supp. 2025, Section 3001.1), is amended to read as
follows:
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Section 3001.1. The State Purchasing Director, under the
supervision of the Director of the Office of Management and
Enterprise Services, Department of Rehabilitation Services shall
have the 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 19. AMENDATORY 74 O.S. 2021, Section 3003, as
amended by Section 3, Chapter 252, O.S.L. 2022 (74 O.S. Supp. 2025,
Section 3003), is amended to read as follows:
Section 3003. As used in Section 3001 et seq. of this title:
1. “Blind person” means a person having a visual acuity not to
exceed 20/200 in the better eye, with correcting lenses, or visual
acuity greater than 20/200 but with limitation in the field of
vision such that the widest diameter of visual field subtends an
angle no greater than twenty (20) degrees;
2. “Council” means the State Use Advisory Council;
3. “Qualified nonprofit agency for the employment of people
with significant disabilities” means a nonprofit agency employing
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persons with significant disabilities who constitute at least
seventy-five percent (75%) of the direct labor hours engaged in
direct production, manufacturing, processing and/or or assembling of
products or services offered by the agency for procurement by this
state or who meet the definition of a blind person as provided for
in paragraph 1 of this section, or which is certified as a sheltered
workshop by the Wage and Hour Division of the United States
Department of Labor;
4. “Person with significant disabilities” means an individual
with a physical or mental disability constituting a substantial
handicap to employment and preventing the person from engaging in
normal competitive employment and/or or includes any blind person;
5. “Qualified organization” means a blind person or qualified
nonprofit agency for the employment of people with significant
disabilities contracting to supply goods or services;
6. “Manufactured” means goods made by manual labor;
7. “Produced” means to have brought into existence or created
from raw materials;
8. “Processed” means the action of taking something through an
established and mostly routine set of procedures or steps to
substantially convert a potential product from one form to another.
This action involves a sequence of multiple steps each requiring a
distinct decision-making process to evolve a potential product to
the next step;
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9. “Assemble” means to put or fit together or put together the
parts of a potential product;
10. “Central nonprofit agency (CNA)” agency” (CNA) means a
qualified 501(c)3 501(c)(3) nonprofit entity meeting the
qualifications in the Request for Procurement (RFP) issued by the
Office of Management and Enterprise Services State Department of
Rehabilitation Services selected to administer and oversee the State
Use Program; and
11. “Procurement schedule” means a designated schedule of
products and services currently approved by the Office of Management
and Enterprise Services Central Purchasing Division State Department
of Rehabilitation Services as suitable to procure from qualified
organizations participating in the State Use Program.
SECTION 20. AMENDATORY 74 O.S. 2021, Section 3004, as
amended by Section 4, Chapter 252, O.S.L. 2022 (74 O.S. Supp. 2025,
Section 3004), is amended to read as follows:
Section 3004. The Office of Management and Enterprise Services
Central Purchasing Division State Department of Rehabilitation
Services shall designate and distribute by regulation a schedule,
hereinafter referred to as the procurement schedule, of the products
directly manufactured, produced, processed, or assembled or services
directly performed, offered, or provided by any person with
significant disabilities or qualified nonprofit agency for the
employment of people with significant disabilities, as defined in
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Section 3003 of this title, which the State Purchasing Director
Department determines are suitable for procurement by the state.
The products and services on contract will be published on the
procurement schedule and will be designated as mandatory. The
Office of Management and Enterprise Services Central Purchasing
Division Department shall have the authority to qualify
organizations for inclusion in the State Use Program, monitor
qualified organizations for continued compliance to remain active in
the program, and remove organizations from the program. Central
Purchasing The Department shall have the authority to award and
manage contracts to the qualified organizations as well as to
renegotiate or cancel contracts when appropriate.
SECTION 21. AMENDATORY 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), is amended to read as follows:
Section 3004.1. The State Purchasing Director State Department
of Rehabilitation Services may enter or award contracts for products
or services to a qualified organization as defined in Section 3003
of this title and assess a contract management fee or levy. The
contract management fee or levy shall be deposited in the State Use
Advisory Council Revolving Fund, as created in Section 3004.2 of
this title, for the salary, administrative costs, annual trainings,
professional association memberships, qualified agency operational
improvement grants, periodic economic advantage study, Annual Report
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annual report development, and other expenses incurred by the
Central Purchasing Division of the Office of Management and
Enterprise Services Department for promoting goods and services
provided by qualified organizations.
SECTION 22. 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
State Department of Rehabilitation 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 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 Department 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 personnel responsible
for contracts for the products and services of people with
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significant disabilities and expenses the Office incurs to support
State Use operations including services of the Centralized Non-
Profit Agency central nonprofit 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 of the
Office of Management and Enterprise Services for approval and
payment.
SECTION 23. AMENDATORY 74 O.S. 2021, Section 3005, as
amended by Section 7, Chapter 252, O.S.L. 2022 (74 O.S. Supp. 2025,
Section 3005), is amended to read as follows:
Section 3005. The Office of Management and Enterprise Services
Central Purchasing Division State Department of Rehabilitation
Services shall determine the fair market price of all products and
services included in the procurement schedule and shall revise such
prices in accordance with changing market conditions; provided,
however, a change in price shall not be effective prior to the
expiration of thirty (30) days from the date on which such change is
approved. Approved fair market prices shall be reflected on State
Use contracts and procurement schedules within thirty (30) days of
approval and distribution.
SECTION 24. AMENDATORY 74 O.S. 2021, Section 3006, as
amended by Section 8, Chapter 252, O.S.L. 2022 (74 O.S. Supp. 2025,
Section 3006), is amended to read as follows:
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Section 3006. The State Purchasing Director State Department of
Rehabilitation Services may contract with a central nonprofit agency
to facilitate:
1. Management of the day-to-day operations of the program;
2. The facilitation, promotion, and the distribution of orders
of the state for products or services on the procurement schedule
among qualified nonprofit agencies for people with significant
disabilities;
3. Scheduling and conducting annual training sessions;
4. Publishing the approved State Use Procurement Schedule;
5. Promotion of the State Use Program through development and
distribution of program marketing material, promotion of program
through continued contact with current and future customers; and
6. All other duties assigned by the RFP Request for Procurement
(RFP) through the Office of Management and Enterprise Services
Department.
SECTION 25. AMENDATORY 74 O.S. 2021, Section 3007, as
amended by Section 9, Chapter 252, O.S.L. 2022 (74 O.S. Supp. 2025,
Section 3007), is amended to read as follows:
Section 3007. A. Whenever this state or any of its agencies
intends to procure any product or service included in the
procurement schedule, that entity shall secure the product or
service from a qualified nonprofit agency providing employment to
people with significant disabilities at the fair market price
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determined by the Office of Management and Enterprise Services
Central Purchasing Division State Department of Rehabilitation
Services, if the product or service is available within the period
required by the entity and meets the specifications of the entity.
B. An agency of this state shall not evade the intent and
meaning of this section by slight variations from standards adopted
by the Office of Management and Enterprise Services Central
Purchasing Division Department.
C. Provided, the requirements of this section shall not apply
to the procurement of janitorial services by the Oklahoma State
Bureau of Investigation. The Bureau shall conduct background
investigations and national criminal history record checks on
companies and individuals with which it contracts to provide
janitorial services.
D. Any municipality or county agency of this state is
authorized to purchase products and services from any qualified
organization as defined in Section 3003 of this title. The
qualified organization shall be able to meet the needs and
specifications for the products or services required by the
purchasing body at the fair market price. Procurements made
pursuant to the provisions of this section shall not be subject to
competitive bid requirements.
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SECTION 26. AMENDATORY 74 O.S. 2021, Section 3008, as
amended by Section 10, Chapter 252, O.S.L. 2022 (74 O.S. Supp. 2025,
Section 3008), is amended to read as follows:
Section 3008. A. Nothing in Section 3001 et seq. of this title
pursuant to purchases of products and services from people with
significant disabilities shall be construed to prohibit any
department or agency of the state from manufacturing or supplying
its own products or services for its own use. Procurements made
pursuant to Section 3001 et seq. of this title shall not be subject
to the competitive bid requirements of the Oklahoma Central
Purchasing Act, Section 85.1 et seq. of this title.
B. The Office of Management and Enterprise Services Central
Purchasing Division State Department of Rehabilitation Services
shall require an annual qualified organization pricing review for
all products and services approved and designated on the procurement
schedule. The method of the pricing review shall be defined in the
promulgated rules.
C. When the fair market price for a product or service approved
by the Office of Management and Enterprise Services Central
Purchasing Division Department exceeds a current market price for
the same product or service and such lower market price has been
verified by the agency through compliance with the fair market
analysis process approved by the Office of Management and Enterprise
Services Central Purchasing Division Department, the State Use
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contracting officer may grant a temporary exception to a requesting
agency so that the agency may purchase the product or service from
the supplier offering the lower market price.
SECTION 27. AMENDATORY 74 O.S. 2021, Section 3009, as
amended by Section 11, Chapter 252, O.S.L. 2022 (74 O.S. Supp. 2025,
Section 3009), is amended to read as follows:
Section 3009. A. The Office of Management and Enterprise
Services Central Purchasing Division State Department of
Rehabilitation Services shall prescribe rules to carry out the
purposes of the provisions of Sections 3001 through 3009 of this
title.
B. The rules shall include requirements for:
1. Publishing a catalog listing goods and services and jobs
that qualified agencies employing people with significant
disabilities can provide the state, annually; and
2. Conducting a minimum of two meetings per year of the State
Use Advisory Council, in compliance with the Oklahoma Open Meeting
Act, Section 301 et seq. of Title 25 of the Oklahoma Statutes.
C. On an annual basis, the Office of Management and Enterprise
Services Department shall, within sixty (60) days after the close of
the fiscal year, electronically transmit a strategic plan for the
State Use Program to the President Pro Tempore of the Senate, the
Speaker of the House of Representatives, and the Governor.
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SECTION 28. RECODIFICATION 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), and as amended by Section 3 of this
act, shall be recodified as Section 201 of Title 40 of the Oklahoma
Statutes, unless there is created a duplication in numbering.
SECTION 29. REPEALER 74 O.S. 2021, Section 78e, is
hereby repealed.
SECTION 30. REPEALER 74 O.S. 2021, Section 78f, is
hereby repealed.
SECTION 31. REPEALER 74 O.S. 2021, Section 80.1, is
hereby repealed.
SECTION 32. This act shall become effective July 1, 2026.
SECTION 33. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
COMMITTEE REPORT BY: COMMITTEE ON RETIREMENT AND GOVERNMENT
RESOURCES
February 17, 2026 - DO PASS AS AMENDED