Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB45 Compare Versions

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4		-	An Act
5		-	ENROLLED SENATE
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
	30	+
	31	+	STATE OF OKLAHOMA
	32	+
	33	+	1st Session of the 58th Legislature (2021)
	34	+
	35	+	ENGROSSED SENATE
6	36		BILL NO. 45 By: Stanley of the Senate
7	37
8	38		and
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10	40		Talley and Bush of the
11	41		House
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17	47		An Act relating to the Department of Human Services ;
18	48		amending 56 O.S. 2011, Section 162, as last amended
19	49		by Section 1, Chapter 30, O.S.L. 2018 (56 O.S. Supp.
20	50		2020, Section 162), which relates to duties and
21	51		powers of the Director of Human Services; requiring
22	52		employee background checks to include a fingerpri nt-
23	53		based national criminal history record check; and
24	54		providing an effective date .
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29		-	SUBJECT: Department of Human Services
30		-
31	59		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
32		-
33	60		SECTION 1. AMENDATORY 56 O.S. 2011, Section 162, as last
34	61		amended by Section 1, Chapter 30, O.S.L. 2018 (56 O.S. Supp. 2020,
35	62		Section 162), is amended to read as follows:
36		-
37	63		Section 162. A. The Governor shall have the power and duty to
38	64		select a Director of Human Services who shall serve as executive and
39	65		administrative officer of the Department of Human Services. The
40	66		Director shall be appointed wholly on the basis of ability, training
41	67		and experience qualifying him or her for public welfare
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	69	+	SB45 HFLR Page 2
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42	95		administration. The Director shall serve, subject to the
43	96		confirmation of the Senate, at the pleasure of the G overnor. The
44	97		salary of the Director shall be fixed by the Governor.
45		-
46		-
47		-	ENR. S. B. NO. 45 Page 2
48	98		B. The Director shall formulate the policies and adopt rules
49	99		and regulations for the effective administration of the duties of
50	100		the Department.
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52	101		C. 1. The Director shall take the appropr iate steps to ensure
53	102		rules and policies are promulgated to conduct appropriate background
54	103		searches of individuals both prior to and, if necessary, during
55	104		their employment with the Department. The job categories within the
56	105		Department that are subject to ba ckground searches prior to
57	106		employment shall be determined at the Director ’s discretion. Such
58	107		background checks shall include, but not be limited to:
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60	108		a. a search of the Oklahoma State Courts Network,
61	109		including Oklahoma District Court records,
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63	110		b. a search of the Restricted Registry maintained by the
64	111		Department pursuant to Section 405.3 of Title 10 of
65	112		the Oklahoma Statutes,
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67	113		c. a search of the Department of Corrections files
68	114		maintained by the Department pursuant to the Sex
69	115		Offender Registration Act,
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71	116		d. a search of the Department of Corrections Violent
72	117		Offender Registry, also known as the Mary Rippy
73	118		Violent Crime Offender Registry,
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75	146		e. a search of all applicable out -of-state child abuse
76	147		and neglect registries if the subject of the search
77	148		has not lived continuousl y in Oklahoma for the past
78	149		five (5) years, and
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80	150		f. a search of the community services worker registry
81	151		maintained by the Department pursuant to Section
82	152		1025.3 of this title ; and
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84	153		g. a fingerprint-based national criminal history record
85	154		check. The Department m ay directly request a national
86	155		criminal history record check as defined by Section
87	156		150.9 of Title 74 of the Oklahoma Statutes from the
88	157		Oklahoma State Bureau of Investigation for the purpose
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90		-	ENR. S. B. NO. 45 Page 3
91	158		of investigating the criminal history of any employee
92	159		or applicant of the Department.
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94	160		2. In addition, the Director shall ensure rules and policies
95	161		are promulgated to conduct a search of the Department ’s records of
96	162		abuse and neglect both prior to and, if necessary, during the
97	163		employment of any person with the Department and whose scope of
98	164		employment will bring that individual into direct contact with any
99	165		vulnerable population.
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101	166		D. The Director shall require and set the amount of the bond
102	167		for employees.
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104	168		E. The Director shall cooperate with the federal Department of
105	169		Health and Human Services, or other similar agencies created by
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106	197		Congress, in any reasonable manner as may be necessary to qualify
107	198		for federal aid to states in providing assistance to needy persons
108	199		in conformity with the provisions of this title, including the
109	200		making of reports in the form and containing information as a
110	201		federal agency may from time to time require, and comply with any
111	202		other similar federal agency requirements necessary to ensure the
112	203		correctness and verification of the reports.
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114	204		F. The Director shall publish an annual report, not later than
115	205		four (4) months after the close of each fiscal year. The report
116	206		shall be presented to the Governor, the Speaker of the House of
117	207		Representatives and the President Pro Tempore of the Senate. Annual
118	208		reports shall provide information about the operations and programs
119	209		administered by the Department and shall include, but shall not be
120	210		limited to:
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122	211		1. Statistical information regarding services provided and the
123	212		number of persons served by Department programs;
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125	213		2. Financial data including a reasonable amount of detailed
126	214		information regarding revenues and expenditures and a breakdown and
127	215		comparison of the Department budget with actual expenditures;
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129	216		3. Status of the workforce and productivity of the Department;
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131	217		4. Information about Department efforts to ensure program
132	218		accountability and service delivery quality and integrity;
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134		-	ENR. S. B. NO. 45 Page 4
135		-
136	219		5. Demographic data and trends and their anticipated impact on
137	220		demand for services; and
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139	248		6. Information regarding public and private institution -based
140	249		services.
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142	250		G. The Director shall assume the statutory duties of the
143	251		Commission for Human Services.
144		-
145	252		SECTION 2. This act shall become effective November 1, 2021.
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148		-	ENR. S. B. NO. 45 Page 5
149		-	Passed the Senate the 11th day of March, 2021.
150		-
151		-
152		-
153		-	Presiding Officer of the Senate
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156		-	Passed the House of Representat ives the 12th day of April, 2021.
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160		-	Presiding Officer of the House
161		-	of Representatives
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163		-	OFFICE OF THE GOVERNOR
164		-	Received by the Office of the Governor this _______ _____________
165		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
166		-	By: _______________________________ __
167		-	Approved by the Governor of the State of Oklahoma this _____ ____
168		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
169		-
170		-	_________________________________
171		-	Governor of the State of Oklahoma
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173		-
174		-	OFFICE OF THE SECRETARY OF STATE
175		-	Received by the Office of the Secretary of State this _______ ___
176		-	day of __________________, 20 _______, at _______ o'clock _______ M.
177		-	By: _______________________________ __
	254	+	COMMITTEE REPORT BY: COMMITTEE ON CHILDREN, YOUTH AND FAMILY
	255	+	SERVICES, dated 03/30/2021 - DO PASS.