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ENGROSSED SENATE
BILL NO. 820 By: Pugh of the Senate
and
McEntire of the House
An Act relating to the State Department of Health;
amending 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), which relates to
unclassified service positions and personnel;
modifying included positions; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. 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 u nclassified service and shall not be
placed under the classified servi ce:
1. Persons chosen by popular vote or app ointment to fill an
elective office, and their employees, except the emp loyees of the
Corporation Commission, the State Department of Educati on and the
Department of Labor;
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2. Members of boards and commissions, and heads of agencies;
also one principal as sistant or deputy and one executive secretary
for each state agency;
3. All judges, elected or appointed, and their employees;
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 Oklahom a 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 L egislature 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 reautho rization
and reappointment of any such person. Any such appointment sha ll be
funded from the budget of the appointing authority;
7. Election officials and employees;
8. Temporary employees employed to work le ss than one thousand
(1,000) hours in any twe lve-month period, and seasonal employees
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employed by the Oklahoma Touris m and Recreation Department pursuant
to Section 2241 of this title wh o work less than one thousand six
hundred (1,600) hours in any twelve -month period;
9. Department of Public Safety employees occupying the
following offices or positions:
a. administrative aides to the Commissioner,
b. executive secretaries to the Commiss ioner,
c. the Governor’s representative of the Oklahoma Highway
Safety Office who shall be appointed by the Governo r,
d. Highway Patrol Colonel,
e. Highway Patrol Lieutenant Colonel,
f. Highway Patrol Major,
g. Director of Finance,
h. noncommissioned pilot s,
i. Information Systems Administrator,
j. Law Enforcement Telecommun ications 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,
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s. Director of Safety Compliance,
t. Human Resources Director,
u. Administrator of Department Services, and
v. a maximum of seven positions for the purpose of
administering programs in t he Oklahoma Highway Safety
Office, within full-time employee limitatio ns of the
Department, employed with federal f unding that is
continuing or indefinitely renewable. The
authorization for such positions shall be terminated
if the federal funding for pos itions is discontinued;
provided, any person appointed to a position p rescribed in
subparagraph d, e or f of this p aragraph shall have a right of
return to the classified commissioned pos ition without any loss of
rights, privileges or benefits immediately upon completion of the
duties in the unclassified commissioned positio n;
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 as
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:
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a. an institution of higher learnin g within The Oklahoma
State System of Higher Education,
b. an institution of higher learning qualified to become
coordinated with The Oklahom a State System of Higher
Education. For purposes of this section, a s tudent
shall be considered a regularly enroll ed 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 accredi ted undergraduate courses;
provided, however, the student shall only b e 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 a ttendants 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 more than four (4) weeks per year in the
Oklahoma Historical Society sites and museums; such substitutes will
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not count towards the agency ’s full-time-equivalent (FTE) employee
limit;
14. Employees of the Oklahoma House of Representatives, the
State Senate, or the Legislative Service Bureau;
15. Corporation Commission pe rsonnel 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 Eng ineer,
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 after
September 1, 2005,
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p. All Public Utilities employees hired on or after
September 1, 2007,
q. All Regulatory Program Managers hired o n 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 progr ams
operated for children in state institutions;
17. Department of Ment al Health and Substance Abuse Services
personnel occupying the follow ing 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 a nd Enterprise Services personnel
occupying the following offices and p ositions:
a. State Comptroller,
b. Administrative Officers,
c. Alternator Claims Auditor,
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d. Employees hired to fulfi ll state compliance agency
requirements under Model Tribal Gaming Com pacts,
e. Employees of the Budget Division,
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 Information Services
Division:
(1) Information Services Division Man ager,
(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 Softw are Manager,
(14) Data Center Operations and Production Manager,
(15) Voice Communications Manager,
(16) Applications Development Manager,
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(17) Projects Manager,
(18) PC’s Manager,
(19) Servers Manager,
(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 Specialis ts,
(27) Senior Systems Support Specialists,
(28) Chief Technology Off icer,
(29) Facility Manager,
(30) Application Development Specialists,
(31) Senior Application Development Specialist s,
(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
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(40) Senior Voice Communication Specialists;
19. Employees of the Oklahoma Industrial Finance Authority;
20. Those positions so specified in the annual business p lan of
the Oklahoma Department of Commerce;
21. Those positions so spec ified in the annual business plan of
the Oklahoma Center for the Adva ncement of Science and Technology;
22. The following positions and em ployees 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 e mployee,
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 i n this
section or in subsection B of this section;
23. Office of Manage ment and Enterprise Services employees
occupying the following positi ons:
a. the Carl Albert Internship Program Coordinator,
b. one Administrative Assistant,
c. one Workforce Planning Manager,
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d. Assistant Administrators,
e. one Associate Administrator, an d
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 Sup ervisor, and
p. one Public Information Officer;
25. The State Bond Ad visor and his or her employees;
26. The Oklahoma Employment Security Commission employees
occupying the following po sitions:
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a. Associate Director,
b. Secretary to the Associate Directo r, and
c. Assistant to the Executive Director;
27. Officers and emplo yees of the State Banking Department;
28. Officers and employees of the University Hospitals
Authority except person nel in the state classified service pursuant
to Section 3211 of Title 63 of the Oklahoma Statutes and members of
the University Hospitals A uthority 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 e mployees
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 e mployees
occupying the following positions:
a. five assistant directors ,
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b. special investigators based upon the ava ilability of
funds and the needs of the agency as determined by the
Director,
c. one information representative,
d. one federally funded phy sical 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 informatio n technology positions
transferred from the Criminal Justice Resource C enter
pursuant to Section 150.17a of this tit le,
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 Transportati on Assistant Director
positions,
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c. eight field division engineer positions,
d. one pilot position,
e. five Project Manager positions, and
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 positi ons,
g. two Administrative Assistant positions,
h. one Imaging Speciali st position,
i. one Information Systems Speci alist position,
j. Director of Communications,
k. Director of Royalty C ompliance,
l. Director of Mineral Management,
m. Accountant or Certif ied Public Accountant,
n. Commercial Property Manager,
o. Assistant Secretary,
p. Director of Real Estate Management ,
q. one executive assistant,
r. one legal secretary,
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s. one secretary,
t. one Assistant Commercial Property Manager,
u. one Oil and Gas Production Advisor or Geologist,
v. one Soil Conservationist,
w. one Administrative Programs Officer,
x. one Geographic Information Systems Specialist,
y. Director of Oil and Gas Division, a nd
z. Financial Manager/Comptroller;
33. Within the Oklahoma State B ureau of Narcotics and Dangerous
Drugs Control Commission, the followin g 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 posi tions is
discontinued,
b. one executive secretary in addition to the one
authorized pursuant to paragraph 2 of this subsection,
c. one fiscal officer,
d. one full-time Programmer, and
e. one full-time Network Engineer;
34. The Military Department of the S tate of Oklahoma is
authorized such unclassif ied employees within full -time employee
limitations to work in any of t he Department of Defense directed
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youth programs, the State of Oklaho ma Juvenile Justice youth
programs, those persons reimbursed from Armor y Board or Billeting
Fund accounts, and skill ed trade positions;
35. Within the Oklahoma Commission on Children and Youth the
following unclassified positions:
a. one Oversight Special ist and one Community Development
Planner,
b. one State Plan Grant Coor dinator; provided,
authorization for the posi tion shall be terminated
when federal support for the position by the U nited
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 employee s of the Office of
Management and Enterprise Services:
a. one Executive Secretary in addition to the Executive
Secretary authorized by parag raph 2 of this
subsection,
b. the Director of Central Purchasing,
c. one Alternate Fuels Administrator,
d. one Director of Special Projects,
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e. three postauditors,
f. four high-technology contracting officers,
g. one Executive Assistant to the Purchasing D irector,
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 Ad ministrator,
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 I nformation Services
Division, which shall include one Information
Technology Manager, one Applications Specialist and
one Data Planning Spec ialist,
r. four positions assigned to Fleet Management, which
shall include one Deputy Fleet Manager and three
Management Analysts,
s. one Chief Auditor,
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t. one Assistant Director of Cent ral Purchasing Division,
u. one Professional Errors and Omissions Lia bility
Adjuster,
v. three Strategic Sourcing Managers,
w. three Strategic Sourcing Assistant Managers, and
x. two Printing Services Brokers;
37. Oklahoma Water Resources Board personnel occupying 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 occu pying 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,
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d. the Director of Museums and Historic Sites,
e. the Director of Research,
f. the Deputy State Historic Preservation Officer, and
g. the Director of the Okla homa 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 Exec utive
Secretary authorized by paragraph 2 of this subsection
and one Executive Assistant,
b. nineteen Agricultural Marketing Coordinator III
positions,
c. temporary fire suppression per sonnel, regardless of
the number of hours worked, who are employed by t he
Oklahoma Department of Agriculture, Food, and
Forestry; provided, however, notwithstanding the
provisions of any other section of law, th e hours
worked by such employees shall not en title such
employees to any benefits received by full -time
employees,
d. one Information Technology Specialist,
e. one Director of Administr ative Services,
f. one Professional Engineer,
g. one hydrologist positi on,
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h. Pet Breeder Inspectors,
i. one Information Technology Technician,
j. Legal Services Director,
k. Animal Industry Services Director,
l. Agricultural Environmental Management Servi ces
Director,
m. Forestry Services Director,
n. Plant Industry and Cons umer 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 Ins pector positions and
employees of the Oklahoma Department of Agricult ure,
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 I nspectors shall be
given status in the classified service as provided in
Section 840-4.2 of this title,
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u. Rural Fire Coordinator,
v. one Agricultural Marketing Coordinator I,
w. Food Safety Division Director,
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 Departme nt of
Libraries;
43. Oklahoma Real Estate Co mmission 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;
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46. All officers and employees of the Oklahoma Motor Vehicle
Commission;
47. One Museum Archivist of The Will Rogers Memorial
Commission;
48. One Fire Protection Consultant of the Office of the St ate
Fire Marshal;
49. Acting incumbents employed pursuant to Section 2 09 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 impos ed by
law on an agency. Permanent classified employees may request a
leave of absence from classified status and ac cept an unclassified
appointment and compensation as an acting incumb ent with the same
agency; provided, the leave shall expire no later tha n two (2) years
from the date of the acting i ncumbent appointment. An appointing
authority may establish unclassifi ed positions and appoint
unclassified employees to perform the duties of a permanent
classified employee who is on leave of absence from a c lassified
position to serve as an acting incu mbent. All unclassified
appointments created pursuant to this paragrap h shall expire no
later than two (2) years from the date of appointme nt. Classified
employees accepting unclassified appointments and compe nsation
pursuant to this paragraph shall be e ntitled to participate without
interruption in any benefit programs ava ilable to classified
employees, including retirement and insurance pr ograms. Immediately
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upon termination of an unclassified appointment pu rsuant to this
paragraph, an employee on assi gnment from the classified service
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 increases in salary or benef its which the employee
would have received bu t for the leave of absence;
50. The Oklahoma Homeland Security Directo r and 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 supervisors,
b. one surveillance project monitor monitors,
c. two bilingual interviewers,
d. eight senior interviewers, and
e. six interviewers,
f. deputy and assistant deputy commissioners,
g. chief officers,
h. chief of staff,
i. administrators or assistant administrators,
j. directors or assistant directors,
k. managers,
l. coordinators/supervisors,
m. financial professionals including budget analysts ,
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n. internal auditors,
o. investigators,
p. human resources professionals,
q. interpreters,
r. speech-language pathologists ,
s. epidemiologists,
t. clinicians,
u. therapists,
v. administrative officers ,
w. audiologists, and
x. clinical professionals;
52. State Board of Licensure for Profess ional Engineers and
Land Surveyors personnel occupying the f ollowing 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 Insu rance Board;
54. Office of Juvenile Affairs personnel occup ying the
following offices and positions:
a. two Management Information Systems positions, and
b. employees hired for service at the Southwest Oklahoma
Juvenile Center in Manitou after June 1, 202 0, as
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provided in subsection C of Section 2 -7-202 of Title
10A of the Oklahoma Statutes; and
55. Heads of agencies, principal assistants or deputies and
executive secretaries o f an agency that is consolidated into another
agency.
B. If an agency has the authority to employ personnel in the
following offices and p ositions, the appointing authority shall have
the discretion to appoint personnel to the unclassified service:
1. Licensed medical doctors, osteopathic physicians, dentists,
psychologists, and nu rses;
2. Certified public accountants;
3. Licensed attorne ys;
4. Licensed veterinarians; and
5. Licensed pharmacists.
C. Effective July 1, 1996, authorization for unclassif ied
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 codifie d in the
Oklahoma Statutes or the termination is otherwise provided i n the
legislation.
D. The appointing authority of agencies participating in th e
statewide information systems project may establish unclas sified
positions and appoint unclassified employ ees to the project as
needed. Additional unclassified positions may be established, if
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required, to appoint an unclassified employee to perform the duties
of a permanent classified employee who is temporaril y absent from a
classified position as a result of assignment to this project. All
unclassified appointments under t his authority shall expire no later
than December 31, 2007, and all unclassifie d positions established
to support the project shall be abol ished. 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 classified employees
may request a leave of abse nce 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 comp ensation 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 unclassified appointment pursuant to this
subsection, an employee on assignment from the classified s ervice
shall have a right to be restored to the classified service an d
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.
SECTION 2. This act shall become effective November 1, 2021.
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Passed the Senate the 10th 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