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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
SENATE BILL 640 By: Dahm
AS INTRODUCED
An Act relating to state employees; prohibiting state
agencies from using state funding to employ persons
above certain limit; amending 62 O.S. 2011, Section
34.42, as amended by Section 372, Chapter 304, O.S.L.
2012 (62 O.S. Supp. 2020, Section 34.42) , which
relates to agency budgets; providing proced ure for
determining certain full -time-equivalent employee
limit; specifying duty of Office o f Management and
Enterprise Services; defining term; providing for
codification; providing an effective date; and
declaring an emergency .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new se ction of law to be codified
in the Oklahoma Statutes as Section 34.42.2 of Title 62, unless
there is created a duplication in numb ering, reads as follows:
No state agency shall use any state funding availa ble including
but not limited to state appropriatio ns, to employ a number of full -
time-equivalent employees in excess of the number o f full-time-
equivalent state-funded employees actually employed by such agency
on January 1, 2021, as determined pursuant t o the provisions of
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paragraph 2 of subsection C of Section 34.42 of Title 62 of the
Oklahoma Statutes.
SECTION 2. AMENDATORY 62 O.S. 2011, Section 34.42, as
amended by Section 372, Chapter 304, O.S.L. 2012 (62 O.S. Supp.
2020, Section 34.42), is amended to read as follows:
Section 34.42. A. On or before the first day of June i n each
year, or as soon thereafter as possible, all agencies shall file
agency budgets with the Director of the Office of Management and
Enterprise Services. Copies of all agency b udgets shall also be
made available electronically to the staff of the Join t Legislative
Committee on Budget and Program Oversight.
B. The required instructions, content and format of agency
budgets shall be developed by the staff of the Budget Division o f
the Office of Management and Enterprise Services.
C. 1. The agency budg et shall include a description of all
funds available to the agency for expenditure and set out allotments
requested by the agency by quarter and the entire fiscal year.
2. The agency budget shall be accomp anied by an organizational
chart of the agency, a statement of agency mission and program
objectives. For the budget submitted on or before June 1, 20 21, or
as soon thereafter as possible, the agency budg et shall include the
number of full-time-equivalent employees actually employed by the
agency on January 1, 2021, and an indication for each employee as to
whether the employee is funded with state or federal funding or from
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another source. The term "state funding" shall include funding from
fees or other revenue sources authorized by state law and shall
include, but not be limited to, state appropriations. The Office of
Management and Enterprise Services shall verify such number for each
agency. Such verified number shall be the limit on the number of
full-time-equivalent employees subject to the provisio ns of Section
1 of this act, and for fiscal year 202 3 and thereafter, may be only
changed by law enacted by the Legislature.
3. The agency budget shall delineate agency spending by such
categories and with at least as much detail as is specified in the
legislative appropriation and as prescribed by the Director of the
Office of Management and Enterprise Services.
4. Agency budgets shall be signed by the executive officer of
each agency.
D. A "request officer" shall be designated by each state agency
for the purpose of making program and allotment requests.
E. Executive officers of agencies shall cooperate with the
Office of Management and Enterprise Se rvices staff and Joint
Committee staff in developin g program budgeting categories.
F. All funds available or expected to be made available to any
agency, including nonfiscal appropriations, shall not be available
for expenditure until the request officer of the agency has complied
with the applicable prov isions of the Oklahoma State Finance Act and
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has received approval of such request for funds from the Director of
the Office of Management and Enterprise Services.
G. The provisions of this section shall not apply to CompSource
Oklahoma if CompSource Okla homa is operating pursuant to a pilot
program authorized by Sections 3316 and 3317 of Title 74 of the
Oklahoma Statutes.
SECTION 3. This act shall become effective July 1, 2021.
SECTION 4. It being immediately necessary fo r the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof thi s act shall take effect and
be in full force from and after its passage and approval .
58-1-1329 CT 1/21/2021 9:40:37 AM