Read the full stored bill text
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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
SENATE BILL 1961 By: Bullard
AS INTRODUCED
An Act relating to state government; amending 2 O.S.
2021, Section 2-3, which relates to the President of
the State Board of Agriculture; providing for removal
of certain President by a majority vote of the
Legislature; amending 10A O.S. 2021, Section 2-7-201,
which relates to the Executive Director of the Office
of Juvenile Affairs; providing for removal of certain
Executive Director by a majority vote of the
Legislature; amending 43A O.S. 2021, Section 2-101,
which relates to the Department of Mental Health and
Substance Abuse Services; providing for removal of
the Commissioner of Mental Health and Substance Abuse
Services by a majority vote of the Legislature;
amending 47 O.S. 2021, Section 2-102, which relates
to the Commissioner of Public Safety; providing for
removal of certain Commissioner by a majority vote of
the Legislature; amending 56 O.S. 2021, Section 162,
which relates to the Director of Human Services;
providing for removal of certain Director by a
majority vote of the Legislature; amending 57 O.S.
2021, Section 506, which relates to the Director of
Corrections; providing for removal of certain
Director by a majority vote of the Legislature;
amending 62 O.S. 2021, Sections 34.5 and 34.11.1, as
amended by Section 1, Chapter 193, O.S.L. 2024 (62
O.S. Supp. 2025, Section 34.11.1), which relate to
the Office of Management and Enterprise Services
(OMES); providing for removal of Director of OMES by
a majority vote of the Legislature; providing for
removal of the Chief Information Officer by a
majority vote of the Legislature; amending 63 O.S.
2021, Section 1-104, which relates to the State
Commissioner of Health; providing for removal of
Commissioner by a majority vote of the Legislature;
amending 63 O.S. 2021, Section 427.4, as last amended
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by Section 138, Chapter 452, O.S.L. 2024 (63 O.S.
Supp. 2025, Section 427.4), which relates to the
Executive Director of the Oklahoma Medical Marijuana
Authority; providing for removal of certain Executive
Director by a majority vote of the Legislature;
amending 63 O.S. 2021, Section 683.4, which relates
to the Oklahoma Department of Emergency Management;
providing for removal of the Director of certain
Department by a majority vote of the Legislature;
amending 63 O.S. 2021, Section 5008, which relates to
the Administrator of the Oklahoma Health Care
Authority; providing for removal of certain
Administrator by a majority vote of the Legislature;
amending 64 O.S. 2021, Section 1005, which relates to
the administration of the Land Office; providing for
the removal of Secretary of the Land Office by a
majority vote of the Legislature; amending 69 O.S.
2021, Section 305, which relates to the Director of
the Department of Transportation; providing for
removal of Director by a majority vote of the
Legislature; amending 74 O.S. 2021, Section 2206,
which relates to the Executive Director of the
Oklahoma Tourism and Recreation Department; providing
for removal of Executive Director by a majority vote
of the Legislature; updating statutory language;
update statutory references; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 2 O.S. 2021, Section 2-3, is
amended to read as follows:
Section 2-3. A. The at-large member appointed by the Governor,
pursuant to Section 2-1 of this title, shall be the President of the
State Board of Agriculture and shall serve at the pleasure of the
Governor. The President may be removed from office by a majority
vote of the members elected to and constituting each chamber of the
Legislature.
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B. The President shall be the executive officer of the Board
and, in the absence of the Board, shall, subject to approval of the
Board, perform all of the duties imposed by law.
C. The Board shall elect a Secretary secretary who shall not be
a member of the Board. The Board shall fix the duties of the person
appointed.
SECTION 2. AMENDATORY 10A O.S. 2021, Section 2-7-201, is
amended to read as follows:
Section 2-7-201. A. The Executive Director of the Office of
Juvenile Affairs shall be appointed by the Governor with the advice
and consent of the Senate. The Executive Director shall serve at
the pleasure of the Governor and may be removed or replaced without
cause. Compensation for the Executive Director shall be determined
pursuant to the Governor. The Executive Director may be removed
from office by a two-thirds (2/3) majority vote of the members
elected to and constituting each chamber of the Legislature.
B. The Executive Director of the Office of Juvenile Affairs
shall be qualified for such position by character, ability,
education, training, and successful administrative experience in one
of the following: Corrections corrections, juvenile justice,
juvenile delinquency, criminal justice, law, police science,
criminology, psychology, sociology, administration, education, or a
related social science.
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C. The Executive Director shall provide for the administration
of the Office of Juvenile Affairs and shall:
1. Be the executive officer and supervise the activities of the
Office of Juvenile Affairs;
2. Pursuant to legislative authorization, employ, discharge,
appoint or contract with, and fix the duties and compensation of,
such assistants, attorneys, law enforcement officers, probation
officers, psychologists, social workers, medical professionals,
administrative personnel, clerical and technical personnel,
investigators, aides, and such other personnel, either on a full-
time, part-time, fee or contractual basis, as in the judgment and
discretion of the Executive Director shall be deemed necessary in
the performance or carrying out of any of the purposes, objectives,
responsibilities, or statutory provisions relating to the Office of
Juvenile Affairs, or to assist the Executive Director of the Office
of Juvenile Affairs in the performance of official duties and
functions;
3. Establish internal policies and procedures for the proper
and efficient administration of the Office of Juvenile Affairs; and
4. Exercise all incidental powers which are necessary and
proper to implement the purposes of the Office of Juvenile Affairs
pursuant to the Oklahoma Juvenile Code.
D. The Executive Director shall employ an attorney to be
designated the “General Counsel” General Counsel who shall be the
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legal advisor for the Office of Juvenile Affairs. Except as
provided in this subsection, the General Counsel is authorized to
appear for and represent the Board of Juvenile Affairs and Office in
any litigation that may arise in the discharge of the duties of the
Board and Office.
It shall continue to be the duty of the Attorney General to give
an official opinion to the Executive Director of the Office of
Juvenile Affairs and the Office of Juvenile Affairs and to prosecute
and defend actions therefor, if requested to do so. The Attorney
General may levy and collect costs, expenses of litigation and a
reasonable attorney fee for such legal services from the Office.
The Office shall not contract for representation by private legal
counsel unless approved by the Attorney General. Such contract for
private legal counsel shall be in the best interests of the state.
The Attorney General shall be notified by the Office of Juvenile
Affairs or its counsel of all lawsuits against the Office of
Juvenile Affairs or officers or employees thereof, that seek
injunctive relief which would impose obligations requiring the
expenditure of funds in excess of unencumbered monies in the
agency’s appropriations or beyond the current fiscal year. The
Attorney General shall review any such cases and may represent the
interests of the state, if the Attorney General considers it to be
in the best interest of the state to do so, in which case the
Attorney General shall be paid as provided in this subsection.
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Representation of multiple defendants in such actions may, at the
discretion of the Attorney General, be divided with counsel for the
Office as necessary to avoid conflicts of interest.
E. The Executive Director of the Office of Juvenile Affairs
shall have the authority to commission certified employees within
the Office of Juvenile Affairs as peace officers. The authority of
employees so commissioned shall only include the authority to
investigate crimes committed against the Office or crimes committed
in the course of any program administered by the Office. Employees
so commissioned shall also have the authority to serve and execute
process, bench warrants, and other court orders in any judicial or
administrative proceeding in which the agency is a party or
participant. Use and possession of firearms for this purpose only
shall be permitted. To become qualified as peace officers for the
commission, employees shall first obtain a certificate as provided
for in Section 3311 of Title 70 of the Oklahoma Statutes.
F. The Executive Director of the Office of Juvenile Affairs,
based upon rules established by the Board of Juvenile Affairs, shall
have the authority to appoint and commission campus police for
secure juvenile facilities and their adjacent grounds under the
jurisdiction of the Office of Juvenile Affairs in the same manner
and with the same powers as campus police appointed by governing
boards of state institutions for higher education under the
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provisions of Section 360.15 et seq. of Title 74 of the Oklahoma
Statutes.
G. In the event of the Executive Director’s temporary absence,
the Executive Director may delegate the exercise of such powers and
duties to a designee during the Executive Director’s absence. In
the event of a vacancy in the position of Executive Director, the
Governor shall appoint a new Executive Director. The Board may
designate an interim or acting Executive Director who is authorized
to exercise such powers and duties until a permanent Executive
Director is employed.
SECTION 3. AMENDATORY 43A O.S. 2021, Section 2-101, is
amended to read as follows:
Section 2-101. A. 1. There is hereby established in this
state a Department of Mental Health and Substance Abuse Services.
2. This Department’s governing board shall be the Board of
Mental Health and Substance Abuse Services, and its chief executive
officer shall be the Commissioner of Mental Health and Substance
Abuse Services. The Commissioner shall be appointed by the Governor
with the advice and consent of the Senate and shall serve at the
pleasure of the Governor and may be removed or replaced without
cause. Compensation for the Commissioner shall be determined by the
Governor. The Commissioner may be removed from office by a two-
thirds (2/3) majority vote of the members elected to and
constituting each chamber of the Legislature.
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3. The Department of Mental Health and Substance Abuse Services
shall exercise all functions of the state in relation to the
administration and operation of all state facilities for the care
and treatment of the mentally ill and drug- or alcohol-dependent
persons.
B. All references in the Oklahoma Statutes to the Department of
Mental Health or the Board of Mental Health shall be construed to
refer to the Department of Mental Health and Substance Abuse
Services or the Board of Mental Health and Substance Abuse Services,
respectively.
SECTION 4. AMENDATORY 47 O.S. 2021, Section 2-102, is
amended to read as follows:
Section 2-102. A. 1. The Department of Public Safety shall be
under the control of an executive officer to be known as the
“Commissioner Commissioner of Public Safety” Safety, who shall be
appointed by the Governor with the advice and consent of the Senate.
The Commissioner of Public Safety may be removed from office by a
majority vote of the members elected to and constituting each
chamber of the Legislature.
2. The Commissioner of Public Safety shall be a professional
law enforcement officer with ten (10) years’ experience in the field
of law enforcement or with five (5) years’ experience in the field
of law enforcement and a graduate of a four-year college with a
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degree in law enforcement administration, law, criminology, or a
related science.
3. Any vacancy in the office of the Commissioner shall be
filled in the same manner as the original appointment is made.
4. The Commissioner shall be allowed the actual and necessary
expenses incurred in the performance of official duties of the
Commissioner while away from the office.
B. The Commissioner of Public Safety, after appointment and
before entering upon the discharge of duties, shall take and
subscribe to the oath of office required by the Oklahoma
Constitution. Bonding of the Commissioner of Public Safety and
other employees of the Department will be provided under the
provisions of Section 85.26 85.58Q of Title 74 of the Oklahoma
Statutes.
C. The Commissioner of Public Safety shall be eligible to
participate in either the Oklahoma Public Employees Retirement
System or in the Oklahoma Law Enforcement Retirement System and
shall make an irrevocable election in writing to participate in one
of the two retirement systems.
D. Any employee of the Department of Public Safety appointed to
the position of Commissioner shall have the ability to return to the
previous position of the employee without any loss of rights,
privileges, or benefits immediately upon completion of the duties as
Commissioner, provided the employee is not otherwise disqualified
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due to disciplinary reasons, termination of employment, or inability
to effectively lead the agency.
SECTION 5. AMENDATORY 56 O.S. 2021, Section 162, is
amended to read as follows:
Section 162. A. The Governor shall have the power and duty to
select a Director of Human Services who shall serve as executive and
administrative officer of the Department of Human Services. The
Director shall be appointed wholly on the basis of ability, training
and experience qualifying him or her for public welfare
administration. The Director shall serve, subject to the
confirmation of the Senate, at the pleasure of the Governor. The
salary of the Director shall be fixed by the Governor. The Director
may be removed from office by a majority vote of the members elected
to and constituting each chamber of the Legislature.
B. The Director shall formulate the policies and adopt rules
and regulations for the effective administration of the duties of
the Department.
C. 1. The Director shall take the appropriate steps to ensure
rules and policies are promulgated to conduct appropriate background
searches of individuals both prior to and, if necessary, during
their employment with the Department. The job categories within the
Department that are subject to background searches prior to
employment shall be determined at the Director’s discretion. Such
background checks shall include, but not be limited to:
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a. a search of the Oklahoma State Courts Network,
including Oklahoma District Court district court
records,
b. a search of the Restricted Registry maintained by the
Department pursuant to Section 405.3 of Title 10 of
the Oklahoma Statutes,
c. a search of the Department of Corrections files
maintained by the Department pursuant to the Sex
Offender Registration Act,
d. a search of the Department of Corrections Violent
Offender Registry, also known as the Mary Rippy
Violent Crime Offender Registry,
e. a search of all applicable out-of-state child abuse
and neglect registries if the subject of the search
has not lived continuously in Oklahoma for the past
five (5) years,
f. a search of the community services worker registry
maintained by the Department pursuant to Section
1025.3 of this title;, and
g. a fingerprint-based national criminal history record
check. The Department may directly request a national
criminal history record check as defined by Section
150.9 of Title 74 of the Oklahoma Statutes from the
Oklahoma State Bureau of Investigation for the purpose
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of investigating the criminal history of any employee
or applicant of the Department.
2. In addition, the Director shall ensure rules and policies
are promulgated to conduct a search of the Department’s records of
abuse and neglect both prior to and, if necessary, during the
employment of any person with the Department and whose scope of
employment will bring that individual into direct contact with any
vulnerable population.
D. The Director shall require and set the amount of the bond
for employees.
E. The Director shall cooperate with the federal Department of
Health and Human Services, or other similar agencies created by
Congress, in any reasonable manner as may be necessary to qualify
for federal aid to states in providing assistance to needy persons
in conformity with the provisions of this title, including the
making of reports in the form and containing information as a
federal agency may from time to time require, and comply with any
other similar federal agency requirements necessary to ensure the
correctness and verification of the reports.
F. The Director shall publish an annual report, not later than
four (4) months after the close of each fiscal year. The report
shall be presented electronically to the Governor, the Speaker of
the House of Representatives, and the President Pro Tempore of the
Senate. Annual reports shall provide information about the
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operations and programs administered by the Department and shall
include, but shall not be limited to:
1. Statistical information regarding services provided and the
number of persons served by Department programs;
2. Financial data including a reasonable amount of detailed
information regarding revenues and expenditures and a breakdown and
comparison of the Department budget with actual expenditures;
3. Status of the workforce and productivity of the Department;
4. Information about Department efforts to ensure program
accountability and service delivery quality and integrity;
5. Demographic data and trends and their anticipated impact on
demand for services; and
6. Information regarding public and private institution-based
services.
G. The Director shall assume the statutory duties of the
Commission for Human Services.
SECTION 6. AMENDATORY 57 O.S. 2021, Section 506, is
amended to read as follows:
Section 506. There is hereby created the position of Director
of Corrections. The Director shall be qualified for such position
by character, knowledge, skill, ability, education, training, and
successful administrative experience and shall have five (5) years
of professional level work. The Director of Corrections shall be
appointed by the Governor with the advice and consent of the Senate
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and shall serve at the pleasure of the Governor and may be removed
or replaced without cause. Compensation for the Director shall be
determined by the Governor. The Director may be removed from office
by a two-thirds (2/3) majority vote of the members elected to and
constituting each chamber of the Legislature.
SECTION 7. AMENDATORY 62 O.S. 2021, Section 34.5, is
amended to read as follows:
Section 34.5. 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. The Director may be removed from office
by a majority vote of the members elected to and constituting each
chamber of the Legislature.
SECTION 8. 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 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
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information technology and telecommunications systems of all state
agencies as provided for in state law. 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). The Chief Information Officer may
be removed from office by a majority vote of the members elected to
and constituting each chamber of the Legislature.
B. 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;
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7. Experience managing professional staff, teams, and
consultants;
8. Knowledge of telecommunications operations;
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. 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
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telecommunications duties and responsibilities of the Chief
Information Officer and the Information Services Division.
D. 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
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the statewide infrastructure environment needed by
most state agencies that is not specific to individual
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,
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
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contracting with a private consultant as authorized in
paragraph 4 of this subsection, implementing the plan
of action, and ongoing costs of the Information
Services Division of the Office of Management and
Enterprise Services, and
h. the information required in subsection B of Section
35.5 of this title.
3. The plan of action report shall be presented electronically
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. 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.
F. The Information Services Division of the Office of
Management and Enterprise Services shall be responsible for the
following duties:
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1. Formulate and implement the information technology strategy
for all state agencies;
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;
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 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;
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 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 and recommend
training programs to state agencies on information technology and
telecommunication systems, products and procedures;
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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;
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
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
the Office of Management and Enterprise Services
website;
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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 to be submitted
electronically to the Legislature each year.
G. The State Governmental Technology Applications Review Board
shall provide ongoing oversight of the implementation of the plan of
action required in subsection D of this section. Any proposed
amendments to the plan of action shall be approved by the Board
prior to adoption.
H. 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,
hardware, equipment, peripheral devices, maintenance, consulting
services, high technology systems, and other related information
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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 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 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
Statutes, include the power to designate financial or proprietary
information submitted by a bidder confidential and reject all
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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. The Information Services Division of the Office of
Management and Enterprise Services 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 Facilities 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 the Chief
Information Officer has not acted as the Information Technology and
Telecommunications Purchasing Director as required in this
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subsection or subsection H of this section, shall be deemed to be
unenforceable and the Office of Management and Enterprise Services
shall not process any claim associated with the provisions thereof.
J. 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. 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. 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 and provide any and all information requested by
the Chief Information Officer.
M. The Chief Information Officer shall prepare an annual report
detailing the ongoing net saving savings attributable to the
reallocation and consolidation of information technology and
telecommunication resources and personnel and shall submit the
report electronically to the Governor, the Speaker of the Oklahoma
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House of Representatives, and the President Pro Tempore of the
Oklahoma State Senate.
N. 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 of this section, the term
“state agencies” 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. 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
who manufactures, develops, and designs products and provides
services that are used by one or more state agencies.
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SECTION 9. AMENDATORY 63 O.S. 2021, Section 1-104, is
amended to read as follows:
Section 1-104. A. The State Commissioner of Health may adopt
an official seal for the State Department of Health. The State
Commissioner of Health shall hold such meetings as he or she deems
necessary.
B. The Commissioner shall have the following powers and duties:
1. Adopt such rules and standards as he or she deems necessary
to carry out any of the provisions of the Oklahoma Public Health
Code;
2. Accept and disburse grants, allotments, gifts, devises,
bequests, funds, appropriations, and other property made or offered
to the Department; and
3. Establish such divisions, sections, bureaus, offices, and
positions in the State Department of Health as the Commissioner
deems necessary to carry out the provisions of this Code.
C. The State Commissioner of Health shall be appointed by the
Governor, with the advice and consent of the Senate. The
Commissioner shall serve at the pleasure of the Governor and may be
removed or replaced without cause. Compensation for the
Commissioner shall be determined pursuant to Section 3601.2 of Title
74 of the Oklahoma Statutes. The Commissioner may be removed from
office by a majority vote of the members elected to and constituting
each chamber of the Legislature.
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SECTION 10. AMENDATORY 63 O.S. 2021, Section 427.4, as
last amended by Section 138, Chapter 452, O.S.L. 2024 (63 O.S. Supp.
2025, Section 427.4), is amended to read as follows:
Section 427.4. A. The Oklahoma Medical Marijuana Authority
shall employ an Executive Director and other personnel as necessary
to assist the Authority in carrying out its duties. The Executive
Director shall be appointed by the Governor, with the advice and
consent of the Senate. The Executive Director shall serve at the
pleasure of the Governor and may be removed or replaced without
cause. Compensation for the Executive Director shall be determined
pursuant to Section 3601.2 of Title 74 of the Oklahoma Statutes.
The Executive Director may be removed from office by a majority vote
of the members elected to and constituting each chamber of the
Legislature.
B. The Authority shall not employ an individual if any of the
following circumstances exist:
1. The individual has a direct or indirect interest in a
licensed medical marijuana business; or
2. The individual or his or her spouse, parent, child, spouse
of a child, sibling, or spouse of a sibling has an application for a
medical marijuana business license pending before the Authority or
is a member of the board of directors of a medical marijuana
business, or is an individual financially interested in any licensee
or medical marijuana business.
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C. All officers and employees of the Authority shall be in the
exempt unclassified service.
D. The Executive Director may delegate to any officer or
employee of the Authority any of the powers of the Executive
Director and may designate any officer or employee of the Authority
to perform any of the duties of the Executive Director.
E. The Executive Director may promulgate rules governing the
oversight and implementation of the Oklahoma Medical Marijuana and
Patient Protection Act.
F. The Authority is hereby authorized to create employment
positions necessary for the implementation of its obligations
pursuant to the Oklahoma Medical Marijuana and Patient Protection
Act including, but not limited to, investigators of the Authority
and a director of enforcement. The Authority, the director of
enforcement, the Executive Director, investigators of the Authority,
the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control,
the Oklahoma State Bureau of Investigation, and the Attorney General
shall have all the powers and authority of a peace officer of this
state for the purpose of enforcing the provisions of the Oklahoma
Medical Marijuana and Patient Protection Act and other laws
pertaining to medical marijuana, rules promulgated by the Executive
Director, or criminal laws of this state. These powers shall
include but not be limited to:
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1. Investigating violations or suspected violations of the
Oklahoma Medical Marijuana and Patient Protection Act or other laws
pertaining to medical marijuana, any rules promulgated pursuant
thereto, and any violations of criminal laws of this state
discovered through the course of such investigations;
2. Serving and executing all warrants, summonses, subpoenas,
administrative citations, notices or other processes relating to the
enforcement of laws regulating marijuana, concentrate, and marijuana
product;
3. Seizing, destroying, confiscating, embargoing, or placing an
administrative hold on any marijuana or marijuana product not
properly logged in the inventory tracking system or untraceable
product required to be in the system, altered or improperly
packaged, or illegally held in violation of the Oklahoma Medical
Marijuana and Patient Protection Act, any other laws of this state,
or any rules promulgated by the Executive Director;
4. Assisting or aiding any law enforcement officer in the
performance of his or her duties upon such law enforcement officer’s
request or the request of other local officials having jurisdiction;
5. Referring any evidence, reports, or charges regarding
violations of any provision of the Oklahoma Medical Marijuana and
Patient Protection Act that carries criminal penalty, or of any
other criminal laws of this state, to the appropriate law
enforcement authority and prosecutorial authority for action;
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6. Aiding the enforcement authorities of this state or any
county or municipality of the state, or the federal government, in
prosecutions of violations of the Oklahoma Medical Marijuana and
Patient Protection Act or any other laws of this state that carry
criminal penalty involving crimes discovered during the
investigation of violations or suspected violations of the Oklahoma
Medical Marijuana and Patient Protection Act or other laws
pertaining to medical marijuana or any rules promulgated pursuant
thereto;
7. As provided in Section 427.6 of this title, requiring any
business applicant or licensee to permit an inspection of licensed
premises during business hours or at any time of apparent operation,
marijuana equipment, and marijuana accessories, or books and
records; and to permit the testing of or examination of medical
marijuana, concentrate, or product;
8. Requiring applicants and licensees to submit complete and
current applications, information and fees required by the Oklahoma
Medical Marijuana and Patient Protection Act, the Oklahoma Medical
Marijuana Waste Management Act and Sections 420 through 426.1 of
this title, and approve material changes made by the applicant or
licensee;
9. Requiring medical marijuana business licensees to submit a
sample or unit of medical marijuana or medical marijuana product to
the quality assurance laboratory when the Authority has reason to
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believe the medical marijuana or medical marijuana product may be
unsafe for patient consumption or inhalation or has not been tested
in accordance with the provisions of the Oklahoma Medical Marijuana
and Patient Protection Act and the rules and regulations promulgated
by the Executive Director. The licensee shall provide the samples
or units of medical marijuana or medical marijuana products at its
own expense but shall not be responsible for the costs of testing;
and
10. Requiring medical marijuana business licensees to
periodically submit samples or units of medical marijuana or medical
marijuana products to the quality assurance laboratory for quality
assurance purposes. Licensed growers, processors, dispensaries, and
transporters shall not be required to submit samples or units of
medical marijuana or medical marijuana products more than twice a
year. The licensee shall provide the samples or units of medical
marijuana or medical marijuana products at its own expense but shall
not be responsible for the costs of testing.
G. All investigators of the Authority shall meet all training
requirements and qualifications for peace officers as required by
Section 3311 et seq. of Title 70 of the Oklahoma Statutes.
H. During the course of an investigation, the Authority, as
provided by subsection F of this section, may arrest a violator or
suspected violator of any laws of this state committed in the
presence of the Authority or upon the development of probable cause
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that such crime has been committed. The Authority as provided by
subsection F of this section may, upon request of a sheriff or
another peace officer of this state, or any political subdivision
thereof, assist in the apprehension and arrest of a violator or
suspected violator of any of the laws of this state.
I. The Executive Director may employ or contract with
attorneys, as needed, to advise the Authority on all legal matters
and to appear for and represent the Executive Director and the
Authority in all administrative hearings and all litigation or other
proceedings which may arise in the discharge of their duties. At
the request of the Executive Director, such attorneys shall assist
district attorneys in prosecuting charges of violators of the
Oklahoma Medical Marijuana and Patient Protection Act or any other
laws of this state that carry criminal penalty involving crimes
discovered during the investigation of violations or suspected
violations of the Oklahoma Medical Marijuana and Patient Protection
Act or other laws pertaining to medical marijuana or any rules
promulgated pursuant thereto.
SECTION 11. AMENDATORY 63 O.S. 2021, Section 683.4, is
amended to read as follows:
Section 683.4. A. There is hereby created the Oklahoma
Department of Emergency Management (OEM). The Governor shall
appoint a Director of the Department, with the advice and consent of
the Senate, who shall be the head of the Department. The Governor
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shall fix the salary of the Director, in cooperation with standards
promulgated by the Office of Management and Enterprise Services.
The Director may be removed from office by a majority vote of the
members elected to and constituting each chamber of the Legislature.
B. The Director may employ personnel and fix their compensation
in cooperation with standards promulgated by the Office of
Management and Enterprise Services, and may make such expenditures
within the appropriation therefor, or from such other available
funds as may be necessary to carry out the purposes of the Oklahoma
Emergency Management Act of 2003 and other programs specified by
law.
C. The Director and other personnel of the Department shall be
provided with appropriate office space, furniture, equipment,
supplies, stationery, and printing in the same manner as provided
for personnel of other state agencies.
D. The Director, subject to the direction and control of the
Governor, shall be the executive head of the Department and shall
serve as the chief advisor to the Governor on emergency management
and shall:
1. Be responsible to the Governor for carrying out the programs
as required by law;
2. Coordinate the activities of all organizations for emergency
management within the state;
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3. Maintain liaison with and cooperate with the emergency
management agencies and organizations of other states and of the
federal government;
4. Develop and maintain a comprehensive all-hazards mitigation
plan for this state;
5. Implement the Oklahoma Hazard Mitigation Grant Program;
6. Have such additional authority, duties, and responsibilities
authorized by the Oklahoma Emergency Management Act of 2003 and as
may be prescribed by the Governor; and
7. Supervise the Office of Volunteerism in accordance with
Section 683.26 of this title; and
8. 7. Report quarterly to the Governor, the Speaker of the
House of Representatives, and the President Pro Tempore of the
Senate the balance and outstanding obligations of the The State
Emergency Fund.
E. The Director shall supervise the formulation, execution,
review, and revisions of the state Emergency Operations Plan as
provided for by Section 683.2 of this title. The plan shall be
reviewed annually and revised as necessary.
SECTION 12. AMENDATORY 63 O.S. 2021, Section 5008, is
amended to read as follows:
Section 5008. A. The Administrator of the Oklahoma Health Care
Authority shall have the training and experience necessary for the
administration of the Authority. The Administrator shall be
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appointed by the Governor with the advice and consent of the Senate
and shall serve at the pleasure of the Governor and may be removed
or replaced without cause. Compensation for the Administrator shall
be determined by the Governor. The Administrator may be removed
from office by a two-thirds (2/3) majority vote of the members
elected to and constituting each chamber of the Legislature.
B. The Administrator of the Oklahoma Health Care Authority
shall be the chief executive officer of the Authority and shall act
for the Authority in all matters except as may be otherwise provided
by law. The powers and duties of the Administrator shall include
but not be limited to:
1. Supervision of the activities of the Authority;
2. Formulation and recommendation of rules for approval or
rejection by the Oklahoma Health Care Authority Board and
enforcement of rules and standards promulgated by the Board;
3. Preparation of the plans, reports and proposals required by
the Oklahoma Health Care Authority Act, Section 5003 et seq. of this
title, other reports as necessary and appropriate, and an annual
budget for the review and approval of the Board;
4. Employment of such staff as may be necessary to perform the
duties of the Authority including but not limited to an attorney to
provide legal assistance to the Authority for the state Medicaid
program; and
5. Establishment of a contract bidding process which:
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a. encourages competition among entities contracting with
the Authority for state-purchased and state-subsidized
health care; provided, however, the Authority may make
patient volume adjustments to any managed care plan
whose prime contractor is a state-sponsored,
nationally accredited medical school. The Authority
may also make education or research supplemental
payments to state-sponsored, nationally accredited
medical schools based on the level of participation in
any managed care plan by managed care plan
participants,
b. coincides with the state budgetary process, and
c. specifies conditions for awarding contracts to any
insuring entity.
C. The Administrator may appoint advisory committees as
necessary to assist the Authority with the performance of its duties
or to provide the Authority with expertise in technical matters.
SECTION 13. AMENDATORY 64 O.S. 2021, Section 1005, is
amended to read as follows:
Section 1005. A. 1. The Land Office shall be administered by
the Secretary of the Land Office under the supervision of the
Commissioners of the Land Office. The Secretary shall, subject to
the qualifications listed in subsection B of this section, be
appointed by the Governor with the advice and consent of the
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Commissioners of the Land Office. The Secretary may be removed from
office by a majority vote of the members elected to and constituting
each chamber of the Legislature.
2. It shall be the duty of the Secretary to execute, under the
supervision of the Commissioners of the Land Office, the provisions
of the Enabling Act of Oklahoma as it relates to the management of
school lands and other public lands, the Constitution of the State
of Oklahoma Constitution, and all laws, regulations, and duties
pertaining to the Commissioners of the Land Office and to carry into
execution the will of the Commissioners of the Land Office not in
conflict with any law.
B. The Secretary of the Land Office shall:
1. Possess an advanced degree from an accredited college or
university;
2. Have not less than five (5) years years’ experience in
government, law or finance; and
3. Meet other specific requirements as specified by the
Commissioners of the Land Office.
C. The Secretary of the Land Office shall serve a four-year
term of service concurrent with the term of the appointing Governor
and the other elected officials on the Commission who serve as
Commissioners. The Secretary may serve consecutive terms and may
serve past the term of the appointing Governor only until a
successor is appointed. If the appointment is terminated or if the
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Secretary resigns, becomes incapacitated or for any reason is unable
to perform the duties of the Secretary, the Commissioners may
appoint an acting Secretary until a replacement may be appointed to
complete the term as provided for in this section.
SECTION 14. AMENDATORY 69 O.S. 2021, Section 305, is
amended to read as follows:
Section 305. There is hereby created the office of the Director
of the Department of Transportation, who shall be appointed by the
Governor with the advice and consent of the Senate and who shall
serve at the pleasure of the Governor and may be removed or replaced
without cause. Compensation for the Director shall be determined by
the Governor. The Director may be removed from office by a two-
thirds (2/3) majority vote of the members elected to and
constituting each chamber of the Legislature.
SECTION 15. AMENDATORY 74 O.S. 2021, Section 2206, is
amended to read as follows:
Section 2206. The chief executive officer of the Oklahoma
Tourism and Recreation Department shall be the Executive Director,
who shall be appointed by the Governor, with the advice and consent
of the Senate, and who shall serve at the pleasure of the Governor
and may be removed or replaced without cause. The Executive
Director shall be chosen with regard to knowledge, training,
experience, and ability to administer the functions of the
Department. Compensation for the Executive Director shall be
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determined pursuant to Section 3601.2 of this title. The Executive
Director may be removed from office by a majority vote of the
members elected to and constituting each chamber of the Legislature.
SECTION 16. This act shall become effective November 1, 2026.
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