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ENGROSSED HOUSE AMENDME NT
TO
ENGROSSED SENATE BILL NO . 306 By: Haste of the Senate
and
Russ of the House
[ Oklahoma Personnel Act - professions which may be
appointed to the unclassified service - effective
date ]
AUTHOR: Remove Represe ntative Russ as principal House author and
substitute with Representative Humphrey
AMENDMENT NO. 1. Delete the stricken title, enacting clause and
entire bill and replace with:
"An Act relating to landowner liability; amending 76
O.S. 2011, Section 10. 1, as amended by Section 1,
Chapter 225, O.S.L. 2013 (76 O.S. Supp. 2020,
Section 10.1), which relates to landowner liability;
modifying provisions related to liability based on
designated uses; and providing an effective date.
BE IT ENACTED BY THE PE OPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 76 O.S. 2011, Section 10.1, as
amended by Section 1, Chapter 225, O.S.L. 2013 (76 O.S. Supp. 2020,
Section 10.1), is amended to read as follows:
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Section 10.1 A. 1. The purpos e of this section is to
encourage landowners to make land available to the public for
outdoor recreational purposes by limiting their liability to persons
entering upon and using such land and to third persons who may be
damaged by the acts or omissions of persons going upon these lands.
2. As used in this section:
a. "land" means real property, roads, water,
watercourses, private ways, buildings, structures, and
machinery or equipment when attached to realty,
b. "outdoor recreational purposes" includes an y of the
following, or any combination thereof: hunting,
fishing, swimming, boating, camping, picnicking,
hiking, pleasure driving, jogging, cycling, other
sporting events and activities, nature study, water
skiing, jet skiing, winter sports, viewing or e njoying
historical, archaeological, scenic, or scientific
sites, and aviation at non -public-use airports,
c. "owner" means the possessor of a fee interest, a
tenant, lessee, occupant, or person in control of the
land,
d. "charge" means the admission price or fee asked in
return for invitation or permission to enter or go
upon the land. The term "charge" shall not include:
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(1) a license or permit fee imposed by a governmental
entity for the purpose of regulating the use of
land, a water or park area, or lak e reservation,
(2) hunting, fishing, boating, and other license and
permit fees,
(3) hunting or fishing leases, or
(4) donations made at fly -ins at non-public-use
airports, and
e. "non-public-use airport" means an airport that is
primarily used by the owne r with access to the public
as permitted by the owner.
B. An owner who provides the public with land for outdoor
recreational purposes owes no duty of care to keep the land safe for
entry or use by others, or to give warning to persons entering or
using the land of any hazardous conditions, structures, or
activities.
C. 1. Except as otherwise provided by this section, an owner
who provides the public with land for outdoor recreational purposes
shall not:
a. be presumed to extend any assurance that the la nd is
safe for any purpose,
b. incur any duty of care toward a person who enters or
uses the land, or
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c. assume any liability or responsibility for any injury
to persons or property caused by the act or omission
of a person who enters or uses the land.
2. This subsection applies whether the person entering or using
the land is an invitee, licensee, trespasser, or otherwise.
D. This section shall not apply if:
1. Any charge is made or is usually made for entering or using
any part of the land; or
2. Any commercial or other activity for profit directly related
to the use is conducted on any part of the land.
E. 1. An owner of land leased to the state or to other public
entity for outdoor recreational purposes owes no duty of care to
keep the land safe fo r entry or use by others, or to give warning to
persons entering or using the land of any hazardous conditions,
structures, or activities. Any owner who leases or subleases land
to the state or other public entity for outdoor recreational
purposes shall not:
a. be presumed to extend any assurance that the land is
safe for any purpose,
b. incur any duty of care toward a person who enters or
uses the leased land, or
c. become liable or responsible for any injury to persons
or property caused by the act or om ission of a person
who enters or uses the leased land.
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2. This subsection applies whether the person entering or using
the leased land is an invitee, licensee, trespasser, or otherwise,
notwithstanding any other section of law.
F. E. 1. Except as provid ed in this section, no person is
relieved of liability which would exist for want of ordinary care or
for deliberate, willful, or malicious injury to persons or property.
The provisions shall not create or increase the liability of any
person.
2. This section shall not relieve any owner of any liability
for the operation and maintenance of structures affixed to real
property by the owner for use by the general public.
G. F. By entering or using land, no person shall be deemed to
be acting as an employee or agent of the owner whether the entry or
use is with or without the knowledge or consent of the owner.
H. G. The provisions of this section shall not apply to any
land that is used primarily for farming or ranching activities or to
roads, water, waterco urses, private ways, buildings, structures, and
machinery or equipment when attached to realty which is used
primarily for farming or ranching activities.
The Oklahoma Limitation of Liability for Farming and Ranching
Land Act shall govern such land.
SECTION 2. This act shall become effective November 1, 2021. "
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Passed the House of Representatives the 22nd day of April, 2021.
Presiding Officer of the House of
Representatives
Passed the Senate the ____ day of __________, 2021.
Presiding Officer of the Senate
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ENGROSSED SENATE
BILL NO. 306 By: Haste of the Senate
and
Russ of the House
[ Oklahoma Personnel Act - professions which may be
appointed to the unclassified service - effective
date ]
BE IT ENACTED BY THE P EOPLE OF THE STATE OF OKLAHOMA:
SECTION 3. AMENDATORY 74 O.S. 2011, Section 840 -5.5, as
last amended by Section 1, Chapter 365, O.S.L. 2019 (74 O.S. Supp.
2020, Section 840-5.5), is amended to read as follows:
Section 840-5.5. A. The following offices, positions, and
personnel shall be in the unclassified service and shall not be
placed under the classified service:
1. Persons chosen by popular vote or appointment to fill an
elective office, and their employees, except the emplo yees of the
Corporation Commission, the State Department of Education and the
Department of Labor;
2. Members of boards and commissions, and heads of agencies;
also one principal assistant or deputy and one executive secretary
for each state agency;
3. All judges, elected or appointed, and their employees;
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4. Persons employed with one -time, limited duration, federal or
other grant funding that is not continuing or indefinitely
renewable. The length of the unclassified employment shall not
exceed the period of time for which that specific federal funding is
provided;
5. All officers and employees of The Oklahoma State System of
Higher Education, State Board of Education and Oklahoma Department
of Career and Technology Education;
6. Persons employed in a professional or scientific capacity to
make or conduct a temporary and special inquiry, investigation, or
examination on behalf of the Legislature or a committee thereof or
by authority of the Governor. These appointments and authorizations
shall terminate on the first day of the regular legislative session
immediately following the appointment, if not terminated earlier.
However, nothing in this paragraph shall prevent the reauthorization
and reappointment of any such person. Any such appointment shall be
funded from the budget of the appointing authority;
7. Election officials and employees;
8. Temporary employees employed to work less than one thousand
(1,000) hours in any twelve -month period, and seasonal employees
employed by the Oklahoma Tourism and Recreation Department pursuant
to Section 2241 of this title who work less than one thousand six
hundred (1,600) hours in any twelve -month period;
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9. Department of Public Safety employees occupying the
following offices or positions:
a. administrative aides to the Commissioner,
b. executive secretaries to the Commissioner,
c. the Governor’s representative of the Oklahoma Highway
Safety Office who shall be appointed by the Governor,
d. Highway Patrol Colonel,
e. Highway Patrol Lieutenant Colonel,
f. Highway Patrol Major,
g. Director of Finance,
h. noncommissioned pilots,
i. Information Systems Administrator,
j. Law Enforcement Telecommunications System Specialist,
k. Director of Driver Compliance,
l. Director of Transportation Division,
m. Director of the Oklahoma Highway Safety Office,
n. Civil Rights Administrator,
o. Budget Analyst,
p. Comptroller,
q. Chaplain,
r. Helicopter Mechanic,
s. Director of Safety Compliance,
t. Human Resources Director,
u. Administrator of Department Services, and
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v. a maximum of seven positions for the purpose of
administering programs in the Oklahoma Highway Safety
Office, within full-time employee limitations of the
Department, employed with federal funding that is
continuing or indefinitely renewable. The
authorization for such positions shall be terminated
if the federal funding for positions is discontinued;
provided, any person appointed to a position prescribed in
subparagraph d, e or f of this paragraph shall have a right of
return to the classified commissioned posit ion without any loss of
rights, privileges or benefits immediately upon completion of the
duties in the unclassified commissioned position;
10. Professional trainees only during the prescribed length of
their course of training or extension study;
11. Students who are employed on a part -time basis, which shall
be seventy-five percent (75%) of a normal forty -hour work week or
thirty (30) hours per week, or less, or on a full -time basis if the
employment is pursuant to a cooperative education program such a s
that provided for under Title I IV -D of the Higher Education Act of
1965 (20 U.S.C. 1087a -1087c), as amended, and who are regularly
enrolled in:
a. an institution of higher learning within The Oklahoma
State System of Higher Education,
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b. an institution of higher learning qualified to become
coordinated with The Oklahoma State System of Higher
Education. For purposes of this section, a student
shall be considered a regularly enrolled student if
the student is enrolled in a minimum of five (5) hours
of accredited graduate courses or a minimum of ten
(10) hours of accredited undergraduate courses;
provided, however, the student shall only be required
to be enrolled in a minimum of six (6) hours of
accredited undergraduate courses during the summer, or
c. high school students regularly enrolled in a high
school in Oklahoma and regularly attending classes
during such time of enrollment;
12. The spouses of personnel who are employed on a part -time
basis to assist or work as a relief for their spouses in the
Oklahoma Tourism and Recreation Department;
13. Service substitute attendants who are needed to replace
museum and site attendants who are unavoidably absent. Service
substitutes may work as part -time or full-time relief for absentees
for a period of not m ore than four (4) weeks per year in the
Oklahoma Historical Society sites and museums; such substitutes will
not count towards the agency’s full -time-equivalent (FTE) employee
limit;
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14. Employees of the Oklahoma House of Representatives, the
State Senate, or the Legislative Service Bureau;
15. Corporation Commission personnel occupying the following
offices and positions:
a. Administrative aides, and executive secretaries to the
Commissioners,
b. Directors of all the divisions, personnel managers and
comptrollers,
c. General Counsel,
d. Public Utility Division Chief Engineer,
e. Public Utility Division Chief Accountant,
f. Public Utility Division Chief Economist,
g. Public Utility Division Deputy Director,
h. Secretary of the Commission,
i. Deputy Conservation Director,
j. Manager of Pollution Abatement,
k. Manager of Field Operations,
l. Manager of Technical Services,
m. Public Utility Division Chief of Telecommunications,
n. Director of Information Services,
o. All Data Processing employees hired on or a fter
September 1, 2005,
p. All Public Utilities employees hired on or after
September 1, 2007,
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q. All Regulatory Program Managers hired on or after
September 1, 2007, and
r. All Pipeline Safety Department employees hired on or
after September 1, 2008;
16. At the option of the employing agency, the Supervisor,
Director, or Educational Coordinator in any other state agency
having a primary responsibility to coordinate educational programs
operated for children in state institutions;
17. Department of Mental Health and Substance Abuse Services
personnel occupying the following offices and positions at each
facility:
a. Director of Facility,
b. Deputy Director for Administration,
c. Clinical Services Director,
d. Executive Secretary to Director, and
e. Directors or Heads of Departments or Services;
18. Office of Management and Enterprise Services personnel
occupying the following offices and positions:
a. State Comptroller,
b. Administrative Officers,
c. Alternator Claims Auditor,
d. Employees hired to fulfill state compliance agency
requirements under Model Tribal Gaming Compacts,
e. Employees of the Budget Division,
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f. Employees of the Fiscal and Research Division,
g. Employees hired to work on the CORE Systems Project,
and
h. The following employees of the I nformation Services
Division:
(1) Information Services Division Manager,
(2) Network Manager,
(3) Network Technicians,
(4) Security Manager,
(5) Contracts/Purchasing Manager,
(6) Operating and Applications Manager,
(7) Project Manager,
(8) Help Desk Manager,
(9) Help Desk Technicians,
(10) Quality Assurance Manager,
(11) ISD Analysts,
(12) CORE Manager,
(13) Enterprise System/Database Software Manager,
(14) Data Center Operations and Production Manager,
(15) Voice Communications Manager,
(16) Applications Development Manager,
(17) Projects Manager,
(18) PC’s Manager,
(19) Servers Manager,
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(20) Portal Manager,
(21) Procurement Specialists,
(22) Security Technicians,
(23) Enterprise Communications and Network
Administrator,
(24) Server Support Specialists,
(25) Senior Server Support Specialists,
(26) Systems Support Specialists,
(27) Senior Systems Support Specialists,
(28) Chief Technology Officer,
(29) Facility Manager,
(30) Application Development Specialists,
(31) Senior Application Development Specialists,
(32) Workstation Specialists,
(33) Senior Workstation Specialists,
(34) Cabling Infrastructure Administration,
(35) Planning Specialists,
(36) Senior Planning Specialists,
(37) Network Specialists,
(38) Senior Network Specialists,
(39) Voice Communication Specialists, and
(40) Senior Voice Communication Specialists;
19. Employees of the Oklahoma Industrial Finance Authority;
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20. Those positions so specified in the annual business plan of
the Oklahoma Department of Commerce;
21. Those positions so specif ied in the annual business plan of
the Oklahoma Center for the Advancement of Science and Technology;
22. The following positions and employees of the Oklahoma
School of Science and Mathematics:
a. positions for which the annual salary is Twenty -four
Thousand One Hundred Ninety -three Dollars ($24,193.00)
or more, as determined by the Office of Management and
Enterprise Services; provided, no position shall
become unclassified because of any change in salary or
grade while it is occupied by a classified emp loyee,
b. positions requiring certification by the State
Department of Education, and
c. positions and employees authorized to be in the
unclassified service of the state elsewhere in this
section or in subsection B of this section;
23. Office of Manageme nt and Enterprise Services employees
occupying the following positions:
a. the Carl Albert Internship Program Coordinator,
b. one Administrative Assistant,
c. one Workforce Planning Manager,
d. Assistant Administrators,
e. one Associate Administrator, and
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f. Division Directors;
24. Department of Labor personnel occupying the following
offices and positions:
a. two Deputy Commissioners,
b. two Executive Secretaries to the Commissioner,
c. Chief of Staff,
d. two Administrative Assistants,
e. Information Systems Administrator,
f. three Safety and Health Directors,
g. Research Director,
h. Employment Standards Director,
i. Asbestos Director,
j. General Counsel,
k. one Legal Secretary,
l. one Docket Clerk,
m. two Information Systems Application Specialists,
n. one Administrative Programs Officer,
o. one Industrial Hygienist Supervisor, and
p. one Public Information Officer;
25. The State Bond Advisor and his or her employees;
26. The Oklahoma Employment Security Commission employees
occupying the following posi tions:
a. Associate Director,
b. Secretary to the Associate Director, and
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c. Assistant to the Executive Director;
27. Officers and employees of the State Banking Department;
28. Officers and employees of the University Hospitals
Authority except personne l in the state classified service pursuant
to Section 3211 of Title 63 of the Oklahoma Statutes and members of
the University Hospitals Authority Model Personnel System created
pursuant to subsection E of Section 3211 of Title 63 of the Oklahoma
Statutes or as otherwise provided for in Section 3213.2 of Title 63
of the Oklahoma Statutes;
29. Alcoholic Beverage Laws Enforcement Commission employees
occupying the following positions:
a. three Administrative Service Assistant positions,
however, employees in such positions who are in the
unclassified service on June 4, 2003, may make an
election to be in the classified service without a
loss in salary by September 1, 2003, and
b. the Deputy Director position in addition to the one
authorized by paragraph 2 of this subsection;
30. The Oklahoma State Bureau of Investigation employees
occupying the following positions:
a. five assistant directors,
b. special investigators based upon the availability of
funds and the needs of the agency as determined by the
Director,
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c. one information representative,
d. one federally funded physical evidence technician,
e. four federally funded laboratory analysts,
f. a maximum of fourteen positions employed for the
purpose of managing the automated information systems
of the agency,
g. one executive secretary in addition to the one
executive secretary authorized pursuant to paragraph 2
of this subsection,
h. Child Abuse Response Team (CART) investigator,
i. Child Abuse Response Team (CART) forensic interviewer,
j. nine administration and research positions and five
data processing and information technology positions
transferred from the Criminal Justice Resource Center
pursuant to Section 150.17a of this title,
k. one Human Resources Director, and
l. one Comptroller;
31. The Department of Transportation, the following positions:
a. Director of the Oklahoma Aeronautics Commission,
b. five Department of Transportation Assistant Director
positions,
c. eight field division engineer positions,
d. one pilot position,
e. five Project Manager positions, and
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f. five Transportation Coordinators;
32. Commissioners of the Land Office employees occupying the
following positions:
a. Chief Financial Officer,
b. two Assistant Directors of Financial Services,
c. two Archivists,
d. one Audit Tech position,
e. two Auditor positions,
f. two Accounting Tech I positions,
g. two Administrative Assistant positions,
h. one Imaging Specialist position,
i. one Information Systems Specialist position,
j. Director of Communications,
k. Director of Royalty Comp liance,
l. Director of Mineral Management,
m. Accountant or Certified Public Accountant,
n. Commercial Property Manager,
o. Assistant Secretary,
p. Director of Real Estate Management,
q. one executive assistant,
r. one legal secretary,
s. one secretary,
t. one Assistant Commercial Property Manager,
u. one Oil and Gas Production Advisor or Geologist,
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v. one Soil Conservationist,
w. one Administrative Programs Officer,
x. one Geographic Information Systems Specialist,
y. Director of Oil and Gas Division, and
z. Financial Manager/Comptroller;
33. Within the Oklahoma State Bureau of Narcotics and Dangerous
Drugs Control Commission, the following positions:
a. six Narcotics Agent positions and three Typist
Clerk/Spanish transcriptionists , including a Typist
Clerk Supervisor/Spanish transcriptionist; provided,
authorization for such positions shall be terminated
if the federal funding for the positions is
discontinued,
b. one executive secretary in addition to the one
authorized pursuant to paragraph 2 of this sub section,
c. one fiscal officer,
d. one full-time Programmer, and
e. one full-time Network Engineer;
34. The Military Department of the State of Oklahoma is
authorized such unclassified employees within full -time employee
limitations to work in any of the Department of Defense directed
youth programs, the State of Oklahoma Juvenile Justice youth
programs, those persons reimbursed from Armory Board or Billeting
Fund accounts, and skilled trade positions;
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35. Within the Oklahoma Commission on Children and Yo uth the
following unclassified positions:
a. one Oversight Specialist and one Community Development
Planner,
b. one State Plan Grant Coordinator; provided,
authorization for the position shall be terminated
when federal support for the position by the Unit ed
States Department of Education Early Intervention
Program is discontinued,
c. one executive secretary in addition to the one
authorized pursuant to paragraph 2 of this subsection,
and
d. one Programs Manager;
36. The following positions and employees o f the Office of
Management and Enterprise Services:
a. one Executive Secretary in addition to the Executive
Secretary authorized by paragraph 2 of this
subsection,
b. the Director of Central Purchasing,
c. one Alternate Fuels Administrator,
d. one Director of Special Projects,
e. three postauditors,
f. four high-technology contracting officers,
g. one Executive Assistant to the Purchasing Director,
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h. four Contracts Managers,
i. one Associate Director,
j. one specialized HiTech/Food Contracting Officer,
k. one State Use Contracting Officer,
l. one Property Distribution Administrator,
m. three licensed architects assigned to the Construction
and Properties Division,
n. three licensed engineers assigned to the Construction
and Properties Division,
o. eight construction consultants assigned to the
Construction and Properties Division,
p. one attorney assigned to the Construction and
Properties Division,
q. three positions assigned to the Information Services
Division, which shall include one Information
Technology Manager, one Applications Specialist and
one Data Planning Specialist,
r. four positions assigned to Fleet Management, which
shall include one Deputy Fleet Manager and three
Management Analysts,
s. one Chief Auditor,
t. one Assistant Director of Central Purchasing Division,
u. one Professional Errors and Omissions Liability
Adjuster,
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v. three Strategic Sourcing Managers,
w. three Strategic Sourcing Assistant Managers, and
x. two Printing Services Brokers;
37. Oklahoma Water Resources Board personnel occ upying the
following offices and positions:
a. four Water Quality Assistant Division Chiefs,
b. four Water Resources Division Chiefs, and
c. Director of Water Planning;
38. J.D. McCarty Center for Children with Developmental
Disabilities personnel occupyi ng the following offices and
positions:
a. Physical Therapists,
b. Physical Therapist Assistants,
c. Occupational Therapists,
d. Certified Occupational Therapist Aides, and
e. Speech Pathologists;
39. Oklahoma Historical Society personnel occupying the
following offices and positions:
a. the Development Officer,
b. the Director of the State Museum of History,
c. the Cherokee Strip Regional Heritage Center Director,
d. the Director of Museums and Historic Sites,
e. the Director of Research,
f. the Deputy State Historic Preservation Officer, and
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g. the Director of the Oklahoma Museum of Popular
Culture;
40. Oklahoma Department of Agriculture, Food, and Forestry
personnel occupying the following positions:
a. one Executive Secretary in addition to the Executi ve
Secretary authorized by paragraph 2 of this subsection
and one Executive Assistant,
b. nineteen Agricultural Marketing Coordinator III
positions,
c. temporary fire suppression personnel, regardless of
the number of hours worked, who are employed by the
Oklahoma Department of Agriculture, Food, and
Forestry; provided, however, notwithstanding the
provisions of any other section of law, the hours
worked by such employees shall not entitle such
employees to any benefits received by full -time
employees,
d. one Information Technology Specialist,
e. one Director of Administrative Services,
f. one Professional Engineer,
g. one hydrologist position,
h. Pet Breeder Inspectors,
i. one Information Technology Technician,
j. Legal Services Director,
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k. Animal Industry Services Director,
l. Agricultural Environmental Management Services
Director,
m. Forestry Services Director,
n. Plant Industry and Consumer Services Director,
o. one Grants Administrator position,
p. Director of Laboratory Services,
q. Chief of Communications,
r. Public Information Manager,
s. Inventory/Supply Officer,
t. five Agriculture Field Inspector positions assigned
the responsibility for conducting inspections and
audits of agricultural grain storage warehouses. All
other Agriculture Field Inspec tor positions and
employees of the Oklahoma Department of Agriculture,
Food, and Forestry shall be classified and subject to
the provisions of the Merit System of Personnel
Administration. On November 1, 2002, all other
unclassified Agriculture Field Insp ectors shall be
given status in the classified service as provided in
Section 840-4.2 of this title,
u. Rural Fire Coordinator,
v. one Agricultural Marketing Coordinator I,
w. Food Safety Division Director,
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x. two Environmental Program Specialists,
y. two Scale Technicians,
z. two Plant Protection Specialists,
aa. Chief Agent,
bb. Professional Foresters,
cc. Forestry Education Coordinator,
dd. Forest Data Analyst,
ee. Executive Secretary to Chief Agent, and
ff. Executive Secretary of State Forester;
41. The Contracts Administrator within the Oklahoma State
Employees Benefits Council;
42. The Development Officer within the Oklahoma Department of
Libraries;
43. Oklahoma Real Estate Commission personnel occupying the
following offices and positions:
a. Educational Program Director, and
b. Data Processing Manager;
44. A Chief Consumer Credit Examiner for the Department of
Consumer Credit;
45. All officers and employees of the Oklahoma Capitol Complex
and Centennial Commemoration Commission;
46. All officers and employees of the Oklahoma Motor Vehicle
Commission;
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47. One Museum Archivist of The Will Rogers Memorial
Commission;
48. One Fire Protection Consultant of the Office of the State
Fire Marshal;
49. Acting incumbents employed pursuant to Section 209 of Title
44 or Section 48 of Title 72 of the Oklahoma Statutes who shall not
be included in any limitation on full -time equivalency imposed by
law on an agency. Permanent classified employees may request a
leave of absence from classified status and accep t an unclassified
appointment and compensation as an acting incumbent with the same
agency; provided, the leave shall expire no later than two (2) years
from the date of the acting incumbent appointment. An appointing
authority may establish unclassified positions and appoint
unclassified employees to perform the duties of a permanent
classified employee who is on leave of absence from a classified
position to serve as an acting incumbent. All unclassified
appointments created pursuant to this paragraph s hall expire no
later than two (2) years from the date of appointment. Classified
employees accepting unclassified appointments and compensation
pursuant to this paragraph shall be entitled to participate without
interruption in any benefit programs availa ble to classified
employees, including retirement and insurance programs. Immediately
upon termination of an unclassified appointment pursuant to this
paragraph, an employee on assignment from the classified service
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shall have a right to be restored to th e classified service and
reinstated to the former job family level and compensation plus any
adjustments and increases in salary or benefits which the employee
would have received but for the leave of absence;
50. The Oklahoma Homeland Security Director a nd all other
positions assigned the responsibilities of working in the Oklahoma
Office of Homeland Security;
51. The following eighteen positions in the State Department of
Health:
a. one surveillance supervisor,
b. one surveillance project monitor,
c. two bilingual interviewers,
d. eight senior interviewers, and
e. six interviewers;
52. State Board of Licensure for Professional Engineers and
Land Surveyors personnel occupying the following offices and
positions:
a. one Director of Enforcement, and
b. two Board Investigators;
53. One Information Systems Data Management Analyst of the
State and Education Employees Group Insurance Board;
54. Office of Juvenile Affairs personnel occupying the
following offices and positions:
a. two Management Information Sy stems positions, and
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b. employees hired for service at the Southwest Oklahoma
Juvenile Center in Manitou after June 1, 2020, as
provided in subsection C of Section 2 -7-202 of Title
10A of the Oklahoma Statutes; and
55. Heads of agencies, principal assista nts or deputies and
executive secretaries of an agency that is consolidated into another
agency.
B. If an agency has the authority to employ personnel in the
following offices and positions, the appointing authority shall have
the discretion to appoint pe rsonnel to the unclassified service:
1. Licensed medical doctors, osteopathic physicians, dentists,
psychologists, and nurses;
2. Certified public accountants;
3. Licensed attorneys;
4. Licensed veterinarians; and
5. Licensed pharmacists ;
6. Professional engineers;
7. Licensed architects;
8. Licensed landscape architects; and
9. Licensed land surveyors .
C. Effective July 1, 1996, authorization for unclassified
offices, positions, or personnel contained in a bill or joint
resolution shall terminate June 30 of the ensuing fiscal year after
the authorization unless the authorization is codified in the
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Oklahoma Statutes or the termination is otherwise provided in the
legislation.
D. The appointing authority of agencies participating in the
statewide information systems project may establish unclassified
positions and appoint unclassified employees to the project as
needed. Additional unclassified positions may be established, if
required, to appoint an unclassified employee to perform the duties
of a permanent classified employee who is temporarily absent from a
classified position as a result of assignment to this project. All
unclassified appointments under this authority shall expire no later
than December 31, 2007, and all unclassified positions e stablished
to support the project shall be abolished. Both the positions and
appointments resulting from this authority shall be exempt from any
agency FTE limitations and any limits imposed on the number of
unclassified positions authorized. Permanent c lassified employees
may request a leave of absence from classified status and accept an
unclassified appointment and compensation with the same agency under
the provisions of this subsection; provided, the leave shall expire
no later than December 31, 2007 . Employees accepting the
appointment and compensation shall be entitled to participate
without interruption in any benefit programs available to classified
employees, including retirement and insurance programs. Immediately
upon termination of an unclas sified appointment pursuant to this
subsection, an employee on assignment from the classified service
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shall have a right to be restored to the classified service and
reinstated to the former job family level and compensation plus any
adjustments and increa ses in salary or benefits which the employee
would have received but for the leave of absence.
SECTION 4. This act shall become effective November 1, 2021.
Passed the Senate the 11th day of March, 2021.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2021.
Presiding Officer of the House
of Representatives