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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
COMMITTEE SUBSTITUTE
FOR
SENATE BILL 2115 By: Stanley
COMMITTEE SUBSTITUTE
An Act relating to the Oklahoma Department of
Veterans Affairs; amending 62 O.S. 2021, Sections
34.48, 34.57, 34.64, and 34.80, which relate to
federal funds, agency clearing accounts, payment of
claims or payrolls, and records of warrants, checks,
or orders by the Office of Management and Enterprise
Services; defining term; exempting certain federal
funds administered by the Oklahoma Department of
Veterans Affairs from certain provisions; creating
the Oklahoma Department of Veterans Affairs Federally
Funded Veteran Care Enterprise Fund; requiring the
Department to maintain certain records; requiring the
Department to electronically submit certain reports;
requiring the Department to remain subject to certain
examinations; exempting certain patient-pay monies
received by the Department from certain requirements;
construing provisions; authorizing the Department to
establish and administer certain procedures;
establishing certain requirements for certain
procedures; exempting certain funds from certain
filing or certification requirements; transferring
certain funds to the Oklahoma Department of Veterans
Affairs Revolving Fund; amending 72 O.S. 2021,
Section 222, as amended by Section 2, Chapter 42,
O.S.L. 2024 (72 O.S. Supp. 2025, Section 222), which
relates to the Oklahoma Department of Veterans
Affairs Revolving Fund; allowing certain funds to be
deposited into certain accounts by the Department;
requiring certain records to be subject to audit;
creating the Oklahoma Veterans Assistance Fund;
removing certain requirement to transfer certain
funds; allowing certain expenditures to be kept in
certain fund; exempting certain monies from certain
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fiscal year limitations; establishing certain
requirements for certain funds to be withdrawn;
amending 74 O.S. 2021, Section 85.12, as amended by
Section 2, Chapter 339, O.S.L. 2023 (74 O.S. Supp.
2025, Section 85.12), which relates to act not to
affect nonconflicting procedures; exempting certain
purchase of goods and services by the Department from
certain provisions; updating statutory language;
providing for codification; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 62 O.S. 2021, Section 34.48, is
amended to read as follows:
Section 34.48. A. For the purposes of this section, “federal
funds” means federal monies provided to this state with the legal
expectation that the state will transmit or expend such monies on
specified program purposes or recipients and that do not become
state general revenues.
B. Federal funds received by any agency of the state shall be
deposited in the State Treasury and disbursed upon warrants issued
by the State Treasurer. These funds shall be subject to the other
fiscal controls imposed by the Oklahoma State Finance Act, except
where federal laws and/or or regulations of a federal agency which
makes such funds available to the State requires such federal funds
to be granted, deposited, allocated or expended through channels
other than those required by the provisions of the Oklahoma State
Finance Act.
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C. Notwithstanding subsection B of this section, or any other
law, federal funds administered by the Oklahoma Department of
Veterans Affairs that are received from the United States Department
of Veterans Affairs for direct distribution to, or reimbursement of
per diem or expenditure on behalf of, eligible recipients pursuant
to federal law or regulation shall be exempt from the requirement of
deposit in the State Treasury and from disbursement through the
Office of Management and Enterprise Services. There is hereby
created an agency special account for the Department to be known as
the “Oklahoma Department of Veterans Affairs Federally Funded
Veteran Care Enterprise Fund”. Unless reauthorized in law, this
agency special account shall expire on July 1, 2031.
D. The Department shall:
1. Maintain accounting records for exempt federal funds on a
basis consistent with applicable federal requirements;
2. Electronically submit quarterly informational reports to the
Governor, the President Pro Tempore of the Senate, the Speaker of
the House of Representatives, and the Director of the Office of
Management and Enterprise Services; and
3. Remain subject to examination by the State Auditor and
Inspector and to all federal audit and compliance requirements.
E. Upon the change of the Director of the Department of
Veterans Affairs, the agency special account shall be audited, and
such results shall be submitted to the Governor, the President Pro
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Tempore of the Senate, and the Speaker of the House of
Representatives.
F. In the case that such agency special account is not
reauthorized by law, all monies in such account shall revert back to
the State Treasury.
SECTION 2. AMENDATORY 62 O.S. 2021, Section 34.57, is
amended to read as follows:
Section 34.57. A. For the purpose of this section, “private
patient-pay monies” means private funds received by the Oklahoma
Department of Veterans Affairs by patients in State Veterans Homes
in return for services provided by such Homes.
B. There is hereby created in the official depository in the
State Treasury an agency clearing account for each state officer,
department, board, commission, institution or agency of the state,
hereinafter referred to collectively as state agencies. An agency
special account established under Section 7.2 of this title may be
used for the purposes of an agency clearing account.
B. C. It shall be the duty of each state agency, officer or
employee, to deposit in the agency clearing account, or agency
special account, established under Section 7.2 of this title, all
monies of every kind, including, but not limited to:
1. Tax revenues;
2. Receipts from licenses, examinations, per diem and all other
reimbursements, fees, permits, fines, forfeitures and penalties; and
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3. Income from money and property, grants and contracts,
refunds, receipts, reimbursements, judgments, sales of materials and
services of employees, and nonrevenue receipts, received by a state
agency, officer or employee by reason of the existence of and/or or
operation of a state agency.
C. D. All such monies collected pursuant to this section shall
be deposited as follows in the agency clearing account or agency
special account established therefor:
1. Receipts of One Hundred Dollars ($100.00) or more shall be
deposited on the same banking day as received; and
2. Receipts of less than One Hundred Dollars ($100.00) may be
held until accumulated receipts equal One Hundred Dollars ($100.00)
or for five (5) business days, whichever occurs first, and shall
then be deposited no later than the next business day.
a. Each state agency that has custody of receipts of less
than One Hundred Dollars ($100.00) shall provide
adequate safekeeping of such receipts.
b. No disbursements shall be made from such receipts
prior to this deposit.
c. All checks received must be restrictively endorsed
immediately upon receipt.
D. E. The State Treasurer is authorized to accept deposits
directly to State Treasury funds, consisting of cash, bank drafts,
bank cashier’s checks, federal treasury checks and other forms of
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remittance which are uniformly honored for payment. The State
Treasurer is further authorized to accept checks deposited directly
into State Treasury funds if the depositing state agency maintains
sufficient balances in their agency clearing account to cover return
items. Notwithstanding the provisions of subsection E of this
section, state agencies are authorized to maintain sufficient
balances in their agency clearing account to cover returned checks,
credit card adjustments, credit card returns, and other debit items.
Amounts of said balances shall be subject to approval by the State
Treasurer.
All checks, drafts, orders and vouchers so deposited shall be
credited and cleared at par and should payment be refused on any
such check, draft, order or voucher, or should the same prove
otherwise worthless, the amount thereof shall be charged by the
State Treasurer against the account or fund theretofore credited
with the same; and the person issuing the check, draft, order or
voucher shall be charged a fee of Twenty-five Dollars ($25.00) to
cover the costs of processing each returned check; provided, such
charge shall not be made unless efforts have been made to present
such check, draft, order or voucher for payment a second time.
Unless otherwise provided by law, such fee shall be deposited to the
revolving fund of the state agency to which the check, draft, order
or voucher was issued. If no revolving fund exists for the state
agency, then such fee shall be deposited to the General Revenue
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Fund. The State Treasurer shall not accept for deposit to any
agency clearing account, or any agency special account, created
pursuant to the provisions of Section 7.2 of this title, any
warrant, check, order or voucher drawn against any state fund or
account in favor of any individual or other person except the state
officer, department, institution or agency for which account or fund
the deposit is made, or a bona fide student enrolled at any of the
state institutions of higher learning when such warrant, check,
order or voucher is endorsed to the institution as payment of any
fees or other accounts due such institution.
E. F. 1. Except as provided in paragraph 2 of this subsection,
at least once each month each state agency shall transfer monies
deposited in agency clearing accounts to the various funds or
accounts, subdivisions of the state, or functions as may be provided
by statute and no money shall ever be disbursed from the agency
clearing account for any other purpose, except in refund of
erroneous or excessive collections and credits.
2. District offices under the control of the Corporation
Commission shall be permitted to make deposit of receipts on a
monthly basis, provided that such receipts must be deposited within
the month received or when such receipts equal or exceed One Hundred
Dollars ($100.00), whichever first occurs. The Oklahoma Tourism and
Recreation Department and entities under its control shall be
required to make deposit of receipts on a weekly basis, provided
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that such receipts must be deposited within seven (7) calendar days
from the date received or when such deposits equal or exceed Five
Hundred Dollars ($500.00), whichever first occurs.
F. G. Funds and revenues of the Oklahoma Municipal Power
Authority, the Grand River Dam Authority, the Oklahoma Ordnance
Works Authority and the Midwestern Oklahoma Development Authority
are exempt from the requirements of this section.
G. H. Monies used for investment purposes by the Oklahoma
Firefighters Pension and Retirement System, the Oklahoma Police
Pension and Retirement System, the Uniform Retirement System for
Justices and Judges, the Oklahoma Law Enforcement Retirement System,
the Oklahoma Public Employees Retirement System, the Teachers’
Retirement System of Oklahoma, the Oklahoma State Regents for Higher
Education, the State and Education Employees Group Insurance Board
and the Commissioners of the Land Office are exempt from the
requirements of this section, and shall be placed with the
respective custodian bank or trust company.
I. Private patient-pay monies shall be exempt from the
requirements of this section. Such funds may be deposited into an
interest-bearing account and expended by the Department outside of
the State Treasury, provided that the Department maintains complete
accounting records and remains subject to audit by the State Auditor
and Inspector.
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SECTION 3. AMENDATORY 62 O.S. 2021, Section 34.64, is
amended to read as follows:
Section 34.64. A. Except as otherwise provided in the Oklahoma
State Finance Act and except for Automated Clearing House (ACH)
debits for transactional fees, procedures for paying claims or
payrolls shall include the following:
1. All miscellaneous claims and payroll claims for the payment
of money from the State Treasury shall be filed with the Director of
the Office of Management and Enterprise Services for audit and
settlement prior to being filed for payment with the State
Treasurer;
2. The Director of the Office of Management and Enterprise
Services may establish alternative procedures for the settlement of
claims whenever such procedures are more advantageous so long as
they are consistent with the requirements of state law;
3. Such alternative procedures shall be at the discretion of
the Director of the Office of Management and Enterprise Services and
may include, but are not limited to:
a. a procedure to permit consolidated payment to vendors
for claims involving more than one agency of the state
when audit and settlement of such claims, as
hereinafter provided, can in all respects be
accomplished,
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b. procedures based upon valid statistical sampling
models for preaudit of claims, against contracts,
purchase orders and other commitments before entering
such claims against the accounts, and
c. policies, procedures and performance criteria for the
participation of agencies or departments, not
authorized by this section, to engage in an
alternative system for the settlement of claims; and
4. The Director of the Office of Management and Enterprise
Services may use a numeric or alphanumeric designation to cross-
reference claims or payrolls to check warrant numbers, transfer
entry or optional settlement mode used in the payment thereof.
B. Except for ACH debits for transactional fees, after claims
or payrolls or both have been properly audited and recorded against
the respective contracts, purchase orders, other commitments and
accounts, the Division of Central Accounting and Reporting shall
certify such claims or payrolls to the State Treasurer for payment.
C. Except for ACH debits for transactional fees, it shall be
the responsibility of the Division of Central Accounting and
Reporting to determine that:
1. All material legal requirements concerning the expenditure
of monies involved in each claim or payroll have been complied with;
2. Funds have been properly and legally allotted for the
payment of the claim or payroll; and
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3. A sufficient balance exists for the payment of same.
D. The Director of the Office of Management and Enterprise
Services or bonded employees in the Division of Central Accounting
and Reporting authorized by the Director shall certify to the State
Treasurer that the claim or payroll has been approved for payment.
E. 1. The Director of the Office of Management and Enterprise
Services shall be authorized to establish necessary agency
disbursing funds to efficiently accommodate the cash flow
requirements of applicable federal regulations, bond indebtedness
and other directives deemed appropriate by the Director.
2. Agencies operating such disbursing funds are authorized to
establish a preaudit and settlement system for claims or payments or
both relating to the purposes of the stated directives.
3. The State Treasurer shall establish procedures for the state
in accordance with Federal Banking and National Automated Clearing
House Association standards and agencies shall be required to
utilize automated clearing house procedures established by the State
Treasurer.
4. No individual or entity shall be required to have a bank
account unless required by federal law or federal regulation.
5. Agencies shall be further required to present these
transactions to the Office of Management and Enterprise Services in
a summarized format and shall include any accounting information
necessary as determined by the Director of the Office of Management
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and Enterprise Services including, but not limited to, information
related to federal law.
6. Administrative expenditures shall not be eligible for these
procedures.
7. The efficiency of the payment system shall be considered
when the interest earnings of the state are not diminished.
F. The Director of the Office of Management and Enterprise
Services shall be authorized to process payments for federal tax
withholding without claim forms. The Director shall establish a
separate fund for the purpose of accumulating federal income tax
withholding from payrolls and remitting same to the United States
Treasury. Institutions under the administrative authority of the
Oklahoma State Regents for Higher Education which are responsible
for processing payments for federal tax withholding shall be
authorized to process such payments to the United States Treasury
without claim forms.
G. 1. The Director of the Office of Management and Enterprise
Services shall be authorized to process, without claim forms,
interest payments to the U.S. Treasury as required by federal law.
2. Agencies are responsible for the accrual of such interest
liability of the state and shall provide payment to the Office of
Management and Enterprise Services in the amount and method
prescribed by the Director of the Office of Management and
Enterprise Services.
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3. Any liability of the U.S. Treasury as determined by federal
law shall be deposited in the State Treasury and transferred by the
Director of the Office of Management and Enterprise Services to the
General Revenue Fund of the state subsequent to final determination
and necessary audit resolution.
H. Payments disbursed from the State Treasury shall be conveyed
solely through an electronic payment mechanism. The State Treasurer
may provide an exemption from the provisions of this subsection,
with cause, provided the number of exempted payments and a
corresponding list of causes shall be published in a regularly
updated report which is featured prominently on the State
Treasurer’s website.
I. Notwithstanding any other provision of the Oklahoma State
Finance Act and subject to any applicable restrictions in the
Oklahoma Constitution, the Director of the Office of Management and
Enterprise Services may establish procedures by which agencies may
contract for, incur and account for transaction-based fees, such as
fees for accepting credit cards, that may be processed by ACH debit
without claim forms, provided the agency has sufficient statutory
authority for purchase. Prior to authorizing ACH debit transactions
without claim forms, state agencies shall provide notice to the
State Treasurer.
J. 1. The provisions of this section shall not apply to
claims, payrolls, or other payments made by or on behalf of the
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Oklahoma Department of Veterans Affairs solely for the operation of
State Veterans Homes established pursuant to Sections 221 through
240 of Title 72 of the Oklahoma Statutes. The Department is hereby
authorized to establish and administer internal procedures for the
preaudit, settlement, and payment of such claims and payrolls,
provided that:
a. all expenditures are processed in accordance with
applicable federal laws and regulations governing
veterans’ care and benefits,
b. the Department maintains adequate internal financial
controls and documentation to ensure compliance with
the Oklahoma State Finance Act where not otherwise in
conflict with this subsection, and
c. the Department shall provide to the Director of the
Office of Management and Enterprise Services, upon
request, summarized reporting necessary for statewide
accounting and financial disclosure requirements.
2. Payments made pursuant to this subsection shall not require
filing or certification with the Office of Management and Enterprise
Services prior to payment by the State Treasurer.
SECTION 4. AMENDATORY 62 O.S. 2021, Section 34.80, is
amended to read as follows:
Section 34.80. A. All warrants, checks or orders issued by the
State Treasurer against claims submitted through the Office of
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Management and Enterprise Services in payment of obligations of the
state which shall for any cause remain outstanding or unpaid for a
period of ninety (90) days after funds are available for their
payment shall be revoked and canceled.
B. Such warrants, checks or orders shall be entered into the
records of the Office of Management and Enterprise Services and the
State Treasurer and the administrative head of the agency certifying
the claim for payment shall be notified that such items have been
canceled.
C. If, for any reason, a warrant should not be issued to
replace a warrant canceled pursuant to the provisions of this
section, the administrative head of the agency originally certifying
the claim for payment shall, within seven (7) days after
notification of the cancellation, advise the Director of the Office
of Management and Enterprise Services that a reissue should not be
made.
D. Notwithstanding the provisions of subsection B of this
section, warrants issued or caused to be issued by the Department of
Human Services for public assistance or medical assistance may be
reissued at any time within three (3) years after cancellation upon
submission of the canceled warrants to the Department.
E. No canceled warrants shall be paid, except that the holder
of any warrant that may have been canceled pursuant to the
provisions of this section may, within thirty-six (36) months
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following the month in which the warrant was canceled, present the
warrant or an affidavit of loss or destruction and a request for
reissuance to the Director of the Office of Management and
Enterprise Services.
F. The Director of the Office of Management and Enterprise
Services shall certify a claim as needed for payment of those
verified unpaid requests presented, unless the certifying agency has
advised that a reissuance should not be made.
G. 1. There is hereby created in the State Treasury a fund to
be known as the Canceled Warrant Fund.
2. The Director of the Office of Management and Enterprise
Services shall transfer to the Canceled Warrant Fund the total of
the payable amounts of the warrants canceled pursuant to the
provisions of this section from the funds and accounts against which
the canceled warrants had been drawn.
3. The Office of Management and Enterprise Services shall
disburse from the fund such amounts as necessary to pay warrants
reissued as provided in this section.
4. These expenditures shall remain recorded in the funds and
accounts against which the original canceled warrants were issued
and they shall not be considered expenses of the state nor shall
receipts to the fund be considered revenue to the state.
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5. Any such claim drawn against the Canceled Warrant Fund shall
identify the current holder of record and the warrant number of the
canceled warrant, which shall be provided on the warrant record.
H. The Director of the Office of Management and Enterprise
Services shall determine the minimum necessary balance to be
maintained in the Canceled Warrant Fund and on the third Monday of
October shall transfer the amount in excess of the required minimum
balance to the General Revenue Fund of the current year. The
minimum balance retained shall be not less than the total amount of
the warrants canceled by statute within the past thirty-six (36)
months preceding October 1 of each year and which remain eligible
for replacement according to the records of the Office of Management
and Enterprise Services. Provided, funds in the Canceled Warrant
Fund due to the cancellation of warrants from the Crime Victims
Compensation Fund shall be transferred to the Crime Victims
Compensation Fund and not to the General Revenue Fund. Funds in the
Canceled Warrant Fund due to the cancellation of warrants originally
issued by the Oklahoma Department of Veterans Affairs shall be
transferred to the Oklahoma Department of Veterans Affairs
Nonappropriated Veteran Care Enterprise Fund or other fund of origin
within the Department and shall not be deposited to the General
Revenue Fund.
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SECTION 5. AMENDATORY 72 O.S. 2021, Section 222, as
amended by Section 2, Chapter 42, O.S.L. 2024 (72 O.S. Supp. 2025,
Section 222), is amended to read as follows:
Section 222. A. There is hereby created in the State Treasury
a revolving fund an agency special account for the Oklahoma
Department of Veterans Affairs to be known as the “Oklahoma
Department of Veterans Affairs Revolving Nonappropriated Veteran
Care Enterprise Fund”. Unless reauthorized in law, this agency
special account shall expire on July 1, 2031. The revolving fund
agency special account shall consist of all funds and monies
received by the Oklahoma Department of Veterans Affairs, its
constituent institutions, and/or or the Oklahoma Veterans
Commission, from any gifts, contributions, bequests, individual
reimbursements fees for service except as otherwise provided by law,
and other sources of revenue, for the care or support of war
veterans discharged other than under dishonorable conditions, who
have been admitted and cared for at the Oklahoma Department of
Veterans Affairs Centers Homes at Ardmore, Claremore, Clinton,
Lawton/Ft. Sill, Norman, Sulphur or Sallisaw. Provided, no grants-
in-aid, reimbursements, or other revenue from the United States
government or any instrumentality of the United States government or
state appropriations shall be deposited in the fund. Provided
further, nothing contained herein prohibits the establishment and
utilization of special agency accounts by the Oklahoma Department of
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Veterans Affairs and its constituent institutions, as may be
approved by the Director of the Office of Management and Enterprise
Services, for receipt and disbursement of the personal funds of
Veteran Center patients and members and/or Home residents or for
receipt and disbursement of charitable contributions and donations
for use by and for patients and members residents.
B. The revolving fund agency special account herein created
shall be used by the Oklahoma Department of Veterans Affairs to pay
for the care of war veterans discharged other than under
dishonorable conditions, in Veterans Centers Homes, to pay the
general operating expenses of the Veterans Centers Homes, including
the payment of salaries and wages of officials and employees, to pay
for the employee safety programs and incentive awards provided for
in Section 63.10a of this title, and to remodel, repair, construct,
build additions, modernize, or add improvements of domiciliary or
hospital buildings necessary for the care of veterans, including
tuberculosis, mentally ill or neuropsychiatric patients, but not
excluding others; and architectural plans, specifications, or other
costs pertinent thereto.
C. The Oklahoma Department of Veterans Affairs may transfer
monies from the revolving fund created in this section to the W.V.C.
Revolving Fund in the State Treasury.
D. All expenditures from the revolving fund shall be made upon
warrants issued by the State Treasurer based upon claims approved by
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the Oklahoma Department of Veterans Affairs, as provided by law, and
filed with the Director of the Office of Management and Enterprise
Services for approval and payment agency special account shall be
exempt from the requirement of deposit in the State Treasury and
from disbursement through the Office of Management and Enterprise
Services.
D. The Department shall:
1. Maintain accounting records for exempt funds on a basis
consistent with applicable federal requirements;
2. Electronically submit quarterly informational reports to the
Governor, the President Pro Tempore of the Senate, the Speaker of
the House of Representatives, and the Director of the Office of
Management and Enterprise Services identifying sources, amounts,
purposes, and expenditures of such funds; and
3. Remain subject to examination by the State Auditor and
Inspector and to all federal audit and compliance requirements.
E. Upon the change of the Director of the Department of
Veterans Affairs, the agency special account shall be audited, and
such results shall be submitted to the Governor, the President Pro
Tempore of the Senate, and the Speaker of the House of
Representatives.
F. In the case that such agency special account is not
reauthorized by law, all monies in such account shall revert back to
the State Treasury.
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SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 435 of Title 72, unless there is
created a duplication in numbering, reads as follows:
A. There is hereby created an agency special account for the
Oklahoma Department of Veterans Affairs to be designated the
“Oklahoma Veterans Assistance Fund”. Unless reauthorized in law,
this agency special account shall expire on July 1, 2031. The fund
shall consist of all monies received by the Oklahoma Department of
Veterans Affairs from nonappropriated revenue streams, including
donations and eligible federal funds. All monies in the fund shall
be used exclusively for the payment or operation costs of the
Oklahoma Department of Veterans Affairs, not otherwise funded
through legislative appropriations. Expenditures may include, but
shall not be limited to, veterans’ programs, state veteran
cemeteries, State Veterans Homes, veteran workforce development,
veteran outreach initiatives, and other expenses necessary for the
support of veterans as determined by the Department. Monies in the
fund shall not be subject to fiscal year limitations and shall be
carried forward from year to year. The Department shall:
1. Maintain accounting records for exempt funds on a basis
consistent with applicable federal requirements;
2. Electronically submit quarterly informational reports to the
Governor, the President Pro Tempore of the Senate, the Speaker of
the House of Representatives, and the Director of the Office of
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Management and Enterprise Services identifying sources, amounts,
purposes, and expenditures of such funds; and
3. Remain subject to examination by the State Auditor and
Inspector and to all federal audit and compliance requirements.
B. Upon the change of the Director of the Department of
Veterans Affairs, the agency special account shall be audited, and
such results shall be submitted to the Governor, the President Pro
Tempore of the Senate, and the Speaker of the House of
Representatives.
C. In the case that such agency special account is not
reauthorized by law, all monies in such account shall revert back to
the State Treasury.
SECTION 7. AMENDATORY 74 O.S. 2021, Section 85.12, as
amended by Section 2, Chapter 339, O.S.L. 2023 (74 O.S. Supp. 2025,
Section 85.12), is amended to read as follows:
Section 85.12. A. The provisions of this section shall not be
construed to affect any law relating to fiscal or accounting
procedure except as they may be directly in conflict herewith; and
all claims, warrants, and bonds shall be examined, inspected, and
approved as now provided by law.
B. Except as otherwise provided by this section, the
acquisitions specified in this subsection shall be made in
compliance with Section 85.39 of this title and purchasing card
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program requirements but are not subject to other provisions of the
Oklahoma Central Purchasing Act:
1. Food and other products produced by state institutions and
agencies;
2. The printing or duplication of publications or forms of
whatsoever kind or character by state agencies if the work is
performed upon their own equipment by their own employees. Pursuant
to this paragraph, the state agency may only use equipment owned or
leased by the agency and may only utilize that equipment for
printing services required by the agency in performing duties
imposed upon the agency or functions authorized to be performed by
the agency. Any use of the equipment by the agency pursuant to an
agreement or contract with any other entity resulting in delivery of
intermediate or finished products to the entity purchasing or using
the products shall be subject to the provisions of the Oklahoma
Central Purchasing Act and associated rules;
3. Department of Transportation and Transportation Commission
contractual services or right-of-way acquisitions, contracts awarded
pursuant to bids let by the Transportation Commission for the
maintenance or construction of streets, roads, highways, bridges,
underpasses or any other transportation facilities under the control
of the Department of Transportation, equipment or material
acquisitions accruing to the Department of Transportation required
in federal aid contracts and acquisitions for public-service-type
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announcements initiated by the Department of Transportation, but not
acquisitions for advertising, public relations or employment
services;
4. Utility services regulated by a state or federal regulatory
commission, municipal ordinance or an Indian Tribal Council;
5. Acquisitions by the University Hospitals Authority. The
Authority shall develop standards for the acquisition of products
and services and may elect to utilize the Purchasing Division. The
standards shall foster economy and short response time and shall
include appropriate safeguards and record-keeping requirements to
ensure appropriate competition and economical and efficient
purchasing;
6. Custom harvesting by the Department of Corrections for the
Department or its institutions;
7. Subject to prior approval of the State Purchasing Director,
acquisitions from private prison suppliers which are subject to the
contracting procedures of Section 561 of Title 57 of the Oklahoma
Statutes;
8. Acquisitions by the Oklahoma Municipal Power Authority;
9. Acquisitions by the Grand River Dam Authority;
10. Acquisitions by rural water, sewer, gas or solid waste
management districts created pursuant to the Rural Water, Sewer, Gas
and Solid Waste Management Districts Act;
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11. Acquisitions by the Oklahoma Ordnance Works Authority, the
Northeast Oklahoma Public Facilities Authority or the Midwestern
Oklahoma Development Authority;
12. Expenditure of monies appropriated to the State Board of
Education for local and state-supported financial support of public
schools, except monies allocated therefrom for the Administrative
and Support Functions of the State Department of Education;
13. Expenditure of monies appropriated to the State Department
of Rehabilitation Services for educational programs or educational
materials for the Oklahoma School for the Blind and the Oklahoma
School for the Deaf;
14. Contracts entered into by the Oklahoma Department of Career
and Technology Education for the development, revision or updating
of vocational curriculum materials, and contracts entered into by
the Oklahoma Department of Career and Technology Education for
training and supportive services that address the needs of new or
expanding industries;
15. Contracts entered into by the Oklahoma Center for the
Advancement of Science and Technology for professional services;
16. Contracts entered into by the Oklahoma Department of
Commerce pursuant to the provisions of Section 5066.4 of this title;
17. Acquisitions made by the Oklahoma Historical Society from
monies used to administer the White Hair Memorial;
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18. Purchases of pharmaceuticals available through a multistate
or multigovernmental contract if such pharmaceuticals are or have
been on state contract within the last fiscal year, and the terms of
such contract are more favorable to the state or agency than the
terms of a state contract for the same products, as determined by
the State Purchasing Director. The state entity designated by law,
as specified in Section 1010.3 of Title 56 of the Oklahoma Statutes,
shall participate in the purchase of pharmaceuticals available
through such contracts;
19. Contracts for managed health care services entered into by
the state entity designated by law or the Department of Human
Services, as specified in paragraph 1 of subsection A of Section
1010.3 of Title 56 of the Oklahoma Statutes;
20. Acquisitions by a state agency through a General Services
Administration contract or other federal contract if the
acquisitions are not on current statewide contract or the terms of
the federal contract are more favorable to the agency than the terms
of a statewide contract for the same products;
21. Acquisitions of clothing for clients of the Department of
Human Services and acquisitions of food for group homes operated by
the Department of Human Services;
22. Acquisitions by the Oklahoma Energy Resources Board;
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23. Acquisitions of clothing for juveniles in the custody of
the Office of Juvenile Affairs and acquisitions of food for group
homes operated by the Office of Juvenile Affairs;
24. State contracts for flexible benefits plans pursuant to the
Oklahoma State Employees Benefits Act, Section 1361 et seq. of this
title;
25. Acquisitions by the Oklahoma Department of Securities to
investigate, initiate, or pursue administrative, civil or criminal
proceedings involving potential violations of the acts under the
Department’s jurisdiction and acquisitions by the Oklahoma
Department of Securities for its investor education program;
26. Acquisitions for resale in and through canteens operated
pursuant to Section 537 of Title 57 of the Oklahoma Statutes and
canteens established at an institution or facility operated by the
Office of Juvenile Affairs;
27. Acquisitions by the Oklahoma Boll Weevil Eradication
Organization for employment and personnel services, and for
acquiring sprayers, blowers, traps and attractants related to the
eradication of boll weevils in this state or as part of a national
or regional boll weevil eradication program;
28. Contracts entered into by the Oklahoma Indigent Defense
System for expert services pursuant to the provisions of subsection
D of Section 1355.4 of Title 22 of the Oklahoma Statutes;
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29. Acquisitions by the Oklahoma Correctional Industries and
the Agri-Services programs of the Department of Corrections of raw
materials, component parts and other products, any equipment
excluding vehicles, and any services excluding computer consultant
services used to produce goods or services for resale and for the
production of agricultural products;
30. Contracts entered into by the Department of Human Services
for provision of supported living services to members of the
plaintiff class in Homeward Bound, Inc., et al. v. The Hissom
Memorial Center, et al., Case Number 85-C-437-E, United States
District Court for the Northern District of Oklahoma;
31. Contracts negotiated by the Office of Juvenile Affairs with
designated Youth Services Agencies and the Oklahoma Association of
Youth Services, or another Oklahoma nonprofit corporation whose
membership consists solely of Youth Services Agencies and of whom at
least a majority of Youth Services Agencies are members, pursuant to
the provisions of Section 2-7-306 of Title 10A of the Oklahoma
Statutes and contracts entered into by the Department of Human
Services pursuant to Section 1-9-110 of Title 10A of the Oklahoma
Statutes with designated Youth Services Agencies;
32. Contracts for annuities for structured settlements provided
for in Section 158 of Title 51 of the Oklahoma Statutes;
33. Subject to subsection E of this section, purchases made
from funds received by local offices administered by the Department
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of Human Services or administered by the Office of Juvenile Affairs
for fund-raising activities and donations for the benefit of clients
and potential clients at the local offices where such purchases may
not otherwise be paid for from appropriated funds;
34. Acquisitions by the Oklahoma Historical Society for
restoration of historical sites and museums although the agency may
elect to utilize the Purchasing Division for an acquisition with
supplier and bid selection being the prerogative of the agency,
based on the supplier’s documented qualifications and experience;
and
35. Acquisitions of clothing and food for patients in the care
of the J.D. McCarty Center for Children with Developmental
Disabilities; and
36. Purchases of goods and services by the Oklahoma Department
of Veterans Affairs when such purchases are made exclusively for the
operation, maintenance, or improvement of State Veterans Homes.
C. Pursuant to the terms of a contract the State Purchasing
Director enters into or awards, a state agency, common school,
municipality, rural fire protection district, county officer or any
program contract, purchase, acquisition or expenditure that is not
subject to the provisions of the Oklahoma Central Purchasing Act,
may, unless acting pursuant to a contract with the state that
specifies otherwise, make use of statewide contracts and the
services of the Purchasing Division and the State Purchasing
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Director. Any political subdivision or rural fire protection
district may designate the State Purchasing Director as its agent
for any acquisition from a statewide contract or otherwise available
to the state.
D. The State Purchasing Director shall review and audit all the
purchasing procedures of acquisitions listed in subsection B of this
section to ensure that the procedures are being followed. Nothing
in this section shall be construed to authorize bid splitting as
prohibited by the Oklahoma Central Purchasing Act.
E. With respect to the Department of Human Services or the
Office of Juvenile Affairs, as applicable, monies received by
fundraising activities or donations from the local office, vending
operations administered by employees of the agency and all other
nonrestricted cash and cash-equivalent items received by employees
of the agency shall be deposited in the agency special account
established for this purpose. The deposits shall be made at local
banking institutions approved by the State Treasurer.
F. With respect to the Oklahoma Tourism and Recreation
Department, no exemption provided in this section shall be construed
for the use of leasing or contracting for state-owned restaurants in
Oklahoma state parks. The Department shall not be required to
purchase furniture, fixtures, equipment, and soft goods associated
with decor of the state parks, lodges, golf courses, and tourism
information centers from Oklahoma prisons or reformatories.
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Additionally, the Department shall not be required to make
purchases pursuant to a statewide contract for materials, supplies,
and services necessary for the efficient and economical operation of
revenue-generating, Department-operated facilities, including those
made to maintain or improve guest perception of quality and service;
provided, that the State Purchasing Director shall review and audit
all uses of the exemptions provided in this subsection biannually.
SECTION 8. This act shall become effective November 1, 2026.
60-2-3575 CAD 2/17/2026 7:23:40 PM