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SENATE FLOOR VERSION
February 8, 2021
SENATE BILL NO. 232 By: Coleman
An Act relating to the Department of Human S ervices;
amending 56 O.S. 2011, Section 2 6.17, as last amended
by Section 1, Chapter 395, O.S.L. 2015 (56 O.S. Supp.
2020, Section 26.17), which relates to classification
of employees; removing and adding positions in
unclassified service ; allowing certain employees to
retain classified status; providing for conversion of
certain positions to unclassifie d status under
certain conditions; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 56 O.S. 2011, Section 26.17, as
last amended by Section 1, Chapter 395, O.S.L. 2015 (56 O.S. Supp.
2020, Section 26.17), is amended to read as follows:
Section 26.17. A. The Director of Human Services shall have
the power to employ and fix the qualifications, duties , and
compensation of employees necessary to the fulfillment of the duties
of the Department of Human Services as provided by law , and shall
have the power to approve any legal claim for payment.
B. The Department of Human Services shall be a Merit System
agency. The provisions of this section shall supersede and revoke
any and all Executive Orders placing the Department of Human
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Services or its pred ecessors under the provisions of the Merit
System of Personnel Administration.
C. In addition to offices, po sitions, and personnel in the
unclassified service pursuant to Sections 840 -5.3 and 840-5.5 of
Title 74 of the Oklahoma Statutes, the following off ices, positions,
and personnel shall be in the unclassified service:
1. Campus police appointed pursuant to Section 162.2 of this
title;
2. The legal division or unit established pursuant to Section
236 of this title;
3. 2. The Construction Unit and the Architectural and
Engineering Unit or their successor units; and
3. All positions not subject to merit prot ections as conditions
of participation in any federal program administered by the
Department of Human Services.
4. A maximum of ten percent (10%) of the maximum number of
full-time-equivalent positions authorized by law to the Department
of Human Services and selected at the discretion of the Director of
the Department of Human Services.
D. Employees retained in the unclassified service under the
provisions of this section shall be employees at will. Any
classified employee occupying a posi tion selected by the Director
pursuant to this paragraph to become an unclassified position may
elect to retain classified status. All future appointees to such
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position shall be in the unclassified service . In accordance with
existing law, any classified employee who is serving in a position
on the effective date of the removal of the position from c lassified
service and placement into the unclassified service shall have the
option of retaining the employee 's classified status. If the
employee chooses to remain in th e classified service, the position
occupied by the employee shall remain in the class ified service
until the employee eith er vacates the position o r elects
unclassified status in writing. All future appointees to such
positions shall be in the unclassifie d service. The Director shall
submit a list of such posit ions to the Office of Manag ement and
Enterprise Services by September 1, 2004, and annual ly thereafter.
D. E. All other offices, positions and personnel of the
Department of Human Services shall be classified and subject to the
provisions of the Merit System of Personnel Administra tion, as
provided in the Oklahoma Personnel Act and rules prom ulgated
thereunder.
SECTION 2. This act shall become effective November 1, 2021.
COMMITTEE REPORT BY: COMMITTEE ON HEALTH AND HUMAN SERVICES
February 8, 2021 - DO PASS