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SENATE FLOOR VERSION
March 3, 2021
SENATE BILL NO. 45 By: Stanley of the Senate
and
Talley and Bush of the
House
An Act relating to the Department of Human Services;
amending 56 O.S. 2011, Section 1 62, as last amended
by Section 1, Chapter 30, O.S.L. 2018 (56 O.S. Supp.
2020, Section 162), which relates to duties and
powers of the Director of Human Services; requiring
employee background checks to include a fingerprint-
based national criminal history record check; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 56 O.S. 2011, Section 162, as last
amended by Section 1, Chapter 30, O.S.L. 2018 (56 O.S. Supp . 2020,
Section 162), is amended to read as follows:
Section 162. A. The Governor shall have the power and duty to
select a Director of Human Services who shall serve as e xecutive and
administrative officer of the Department of Human Services. The
Director shall be appointe d wholly on the basis of ability, training
and experience qualifying him or her for public welfare
administration. The Director shall serve, subject to the
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confirmation of the Senate, at the pleasure of the Governor. The
salary of the Director shall be f ixed by the Governor.
B. The Director shall formulate the policies and adopt rules
and regulations for the effective administration of the duties of
the Department.
C. 1. The Director shall take the appropriate steps to ensure
rules and policies are pro mulgated to conduct appropriate background
searches of individuals both prior to and, if necessary, during
their employment with the Department. The jo b categories within the
Department that are subject to background searches prior to
employment shall be determined at the Director’s discretion. Such
background checks shall include, but not be limited to:
a. a search of the Oklahoma State Courts Network,
including Oklahoma District Court records,
b. a search of the Restricted Registry maintained by the
Department pursuant to Section 405.3 of Title 10 of
the Oklahoma Statutes,
c. a search of the Department of Corrections files
maintained by the Department pursuant to the Sex
Offender Registration Act,
d. a search of the Department of Cor rections Violent
Offender Registry, also known as the Mary Rippy
Violent Crime Offender Registry,
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e. a search of all applicable out -of-state child abuse
and neglect registri es if the subject of the search
has not lived continuously in Oklahoma for the past
five (5) years, and
f. a search of the community services worker registry
maintained by the Department pursuant to Section
1025.3 of this title ; and
g. a fingerprint-based national criminal history record
check. The Department may directly request a national
criminal history record check as defined by Section
150.9 of Title 74 of the Oklahoma Statutes from the
Oklahoma State Bureau of Investi gation for the purpose
of investigating the criminal history of any emp loyee
or applicant of the Department .
2. In addition, the Director shall ensur e rules and policies
are promulgated to conduct a search of the Department ’s records of
abuse and neglect both prior to and, if necessary, during the
employment of any person with the Department and whose scope of
employment will bring that individual into direct contact with any
vulnerable population.
D. The Director shall require and set the amount of the bond
for employees.
E. The Director shall cooperate with the federal Department of
Health and Human Services, or ot her similar agencies created by
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Congress, in any reasonable manner as may be necessary to qualify
for federal aid to states i n providing assistance to needy persons
in conformity with the provisions of this title, including the
making of reports in the for m and containing information as a
federal agency may from time to time require, and comply with any
other similar federal age ncy requirements necessary to ensure the
correctness and verification of the reports.
F. The Director shall publish an annual repo rt, not later than
four (4) months after the close of each fiscal year. The report
shall be presented to the Governor, the S peaker of the House of
Representatives and the P resident Pro Tempore of the Senate. Annual
reports shall provide information about the operations and programs
administered by the Department and shall include, but shall not be
limited to:
1. Statistical information regarding services provided and the
number of persons served by Department programs;
2. Financial data including a reas onable amount of detailed
information regarding revenues and expenditures and a breakdown and
comparison of the Department bu dget with actual expenditures;
3. Status of the workforce and productivity of the Department;
4. Information about Department eff orts to ensure program
accountability and service delivery quality and integrity;
5. Demographic data and trends and their a nticipated impact on
demand for services; and
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6. Information regarding public and private institution -based
services.
G. The Director shall assume the statutory dut ies of the
Commission for Human Services.
SECTION 2. This act shall become effective November 1, 2021.
COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS
March 3, 2021 - DO PASS