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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
SENATE BILL 1523 By: Bullard
AS INTRODUCED
An Act relating to program evaluation; allowing
public entities to enter into certain agreements;
stating requirements for certain contracts; requiring
certain findings to be reported; mandating certain
information to be publi c for a certain amount of
time; requiring an assessment after each fiscal year;
providing for codification; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 17-116 of Title 11, unless there
is created a duplication in numbering, reads as follows:
A. Any municipality that enters into an agreement or a contract
with a third party for the assessment, evaluation, or audit of
programs or services involving initiatives including but not limited
to diversity, inclusion, antiracism, or social justice shall meet
the following requirements:
1. Municipalities shall be prohibited from utilizing informal
agreements for assessment or evaluation;
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2. All contracts issued purs uant to this section must include
provisions that require the contractor to prepare and deliver a
public presentation of the contractor’s work product or analysis.
The presentation shall be in compliance with the Oklahoma Open
Meeting Act; and
3. All contracts executed pursuant to this section shall
include and require measurable objectives and benc hmarks to measure
the effectiveness of the municipalities addressing stated
initiatives.
B. If a contractor hired by a municipality determines after
conducting an independent assessment or evaluation that a
municipality has created an environment that is not diverse,
inclusive, or has failed to implement measures to address systemic
racism, or has otherwise created a hostile environment, the
municipality shall report the findings to the appropriate civil
rights entity to ensure a full investigation is cond ucted and the
municipality is brought into compliance .
C. Any municipality that implements new policies, programs, or
initiatives in response to an assessment or evaluation to address
findings identified by a contractor shall be required to conduct a
subsequent audit one (1) calenda r year after the completion date of
the initial audit to determine the effectiven ess of the public
entity’s response to the findings.
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D. A municipality may also e xecute contracts to receive
training, professional development, or other services related but
not limited to anti-discrimination, diversity, inclusion, or social
justice.
Municipalities shall be prohibited from using the same contract
to procure both evaluation services and training.
E. The work product of any contract between a contractor and
municipality shall be made availa ble on the municipality’s website.
The work product shall include but is not limited to reports,
analysis, plans, and recommendations of the contr actor.
F. Municipalities shall not implement new polices, programs, or
initiatives until all relevant materials have been made available to
the public for comment for at least thirty (30) days.
G. Any plan, programs, initiatives, or proposals by
municipalities to improve or address issues including but not
limited to diversity, inclusion, ra cism, or social justice shall be
posted publicly on the municipality’s website. Any training or
professional development shall be pursuant to this section.
H. At the conclusion of the municipality’s fiscal year, an
evaluation of the implemented plan shall be conducted to assess the
effectiveness of the municipality’s use of public funds t o address
stated issues.
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SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 339.9 of Title 19, unless there
is created a duplication in numb ering, reads as follows:
A. Any county that enters into an agreement or a contra ct with
a third party for the assessment, evaluation, or audit of programs
or services involving initiatives including but not limited to
diversity, inclusion, antiracism, or social justice shall meet the
following requirements:
1. Counties shall be prohibited from utilizing in formal
agreements for assessment or evaluation;
2. All contracts issued pursua nt to this section must include
provisions that require the contractor to prepare and deliver a
public presentation of the contractor ’s work product or analysis.
The presentation shall be in compliance with the Oklahoma Open
Meeting Act; and
3. All contracts executed pursuant to this section shall
include and require measurable objectives and benchmarks to measure
the effectiveness of the counties addressing stated initiatives.
B. If a contractor hired by a county determines after
conducting an independent assessment or evaluation that a county has
created an environment that is not diverse, inclusive, or has failed
to implement measures to ad dress systemic racism, or has otherwise
created a hostile enviro nment, the municipality shall report the
findings to the appropriate civil rights enforcement entity to
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ensure a full investigation is conducted and the county is brought
into compliance.
C. Any county that implements new policies, programs, or
initiatives in response to an assessment or evaluation to ad dress
findings identified by a contractor shal l be required to conduct a
subsequent audit one (1) calendar year after the completion date of
the initial audit to determine the effectiveness of the public
entity’s response to the findings.
D. A county may also execute contracts to receive training,
professional development, or other services related but not limited
to anti-discrimination, divers ity, inclusion, or social justice.
Counties shall be prohibited from using the same contract to
procure both evaluation services and training.
E. The work product of any contract between a contractor and
county shall be made available on the county’s website. The work
product shall include but is not limited to reports, analysis,
plans, and recommendations of the co ntractor.
F. Counties shall not implement new polices, programs, or
initiatives until all relevant materials have been made available to
the public for comment for at least thirty (30) days.
G. Any plans, programs, initiatives, or proposals by counties
to improve or address issues including but not limited to diversity,
inclusion, racism, or social justice shall be posted publicly on the
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county’s website. Any training or professional development shall be
pursuant to this section.
H. At the conclusion of the county’s fiscal year, an evaluation
of the implemented plan shall be conducted to assess the
effectiveness of the county’s use of public funds to address stated
issues.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 85.44F of Title 74, unless there
is created a duplication in numb ering, reads as follows:
A. Any state agency that enters into an agreement or a contract
with a third party for the assessment, evaluation, or audit of
programs or services involving initiatives including but not limited
to, diversity, inclusion, antiracism, or social justice shall meet
the following requirements:
1. Agencies shall be prohibited from utilizing informal
agreements for assessment or evaluation;
2. All contracts issued pursuant to this section must include
provisions that the contractor shall deliver a public presentation
of the contractor’s product or analysi s. The presentation shall be
in compliance with the Oklahom a Open Meeting Act; and
3. All contracts executed pursuant to this section shall
include and require measurable objectives and benchmarks to measure
the effectiveness of the agencies addressing stated initiatives.
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B. If a contractor hired by an agency determines after
conducting an independent assessment or evaluation that a county has
created an environment that is not diverse, inclusive, or has failed
to implement measures to address systemic racism, or has otherwise
created a hostile environment, the m unicipality shall report the
findings to the appropriate civil rights enforcement entity to
ensure a full investigation is conducted and the agency is brought
into compliance.
C. Any agency that implements new policies, programs, or
initiatives in respons e to an assessment or evaluation to address
findings identified by a contractor shall be required to conduct a
subsequent audit one (1) calendar year after the completion date of
the initial audit to determine the effectiveness of th e public
entity’s response to the findings.
D. An agency may also execute contracts to receive training,
professional development, or other services related but not limited
to anti-discrimination, diversity, inclusion, or social justice.
Agencies shall be prohibited from using the same contract to
procure both evaluation services and training.
E. The work product of any contract between a contractor and
agency shall be made available on the county’s website. The work
product shall include but is not limi ted to presentations, reports,
analysis, plans, and recommendations of the contractor.
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F. Agencies shall not implement new pol ices, programs, or
initiatives until all relevant materials have been made available to
the public for comment for at least thirt y (30) days.
G. Any plans, programs, initiatives, or proposals by agencies
to improve or address is sues including but not limite d to diversity,
inclusion, racism, or social justice shall be posted publicly on the
agency’s website. Any training or profess ional development shal l be
pursuant to this section.
H. At the conclusion of the agency’s fiscal year, an evaluation
of the implemented plan shall be conducted to assess the
effectiveness of the agency’s use of public funds to address stated
issues.
SECTION 4. This act shall become effective November 1, 2022.
58-2-2481 KR 1/20/2022 9:00:12 AM