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SENATE FLOOR VERSION
February 9, 2023
SENATE BILL NO. 598 By: Kirt of the Senate
and
Pae of the House
An Act relating to statutory terms; amending 7 O.S.
2021, Sections 8, 12, and 19.1, which relate to blind
persons; updating termino logy; amending 74 O.S. 2021,
Sections 85.58E, 840-2.9, as amended by Section 8,
Chapter 243, O.S.L. 2022 , 954, 2280, 3003, as amended
by Section 3, Chapter 252, O.S.L. 2022 , 5010.2, and
7009 (74 O.S. Supp. 2022, S ections 840-2.9 and 3003),
which relate to state government; updating
terminology; updating statutory references; and
providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 7 O.S. 2021, Section 8, is amended
to read as follows:
Section 8. A. The state plan for libr ary services shall be
amended in accordance with the Federal Library Services and
Construction Act and applicable regulations to reflect the authority
and duty of the Division of Services for the Blin d and Visually
Impaired of the State Department of Rehab ilitation Services to
provide special library services, including braille and recorded
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books, to blind and visually handicapped impaired persons as
provided by state law.
B. Special library services for blind and physically
handicapped adults, children, a nd students and visually impaired
persons and persons with disabilities shall be provided by the
Division of Services for the Blind and Visually Impaired of the
Department in accordance with the Feder al Library Services and
Construction Act, as amended, an d applicable federal regulations
relating thereto; and consistent with applicable statutes and
regulations. The Commission for Rehabilitation Services shall ,
within the availability of state funds, a nnually make available for
such special library services sufficient funds to earn the maximum
available federal funds under the Federal Library Services and
Construction Act and appropriations made in pursuance th ereof by
Congress.
C. All federal requirem ents for interlibrary cooperation and
consultation shall be observed and entitlement of the Department of
Libraries to receive federal funds for library servic es or
construction shall not be impaired by any state law prescribing the
duties, responsibilitie s and functions of the Division of Services
for the Blind and Visually Impaired of the Department.
SECTION 2. AMENDATORY 7 O.S. 2021, Section 12, is
amended to read as follows:
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Section 12. Any driver of a vehicle who knowingly ap proaches
within fifteen (15) feet of a person who is in the roadway or at an
intersection and who is wholly or partially blind and who is
carrying a cane or walking stick white i n color, or white tipped
with red, or who is using a dog guide wearing a speci alized harness,
or who is wholly or partially deaf and is using a signal dog wearing
an orange identifying collar, or who is physically handicapped a
person with a disability and is using a service dog, shall
immediately come to a full stop and take such p recautions before
proceeding as may be necessary to avoid accident or injury to the
person wholly or partially blind, deaf or physically handicapped .
For purposes of this section, a “dog guide” means any dog that is
specially trained to guide a blind pers on.
SECTION 3. AMENDATORY 7 O.S. 2021, Section 19.1, is
amended to read as follows:
Section 19.1. A. Any blind, physically handicapped or visually
impaired person, person with a disabil ity, deaf or hard-of-hearing
person who is a passenger on any common carrier, airplane, motor
vehicle, railroad train, motorbus, streetcar, boat, or any other
public conveyance or mode of transportation operating within this
state or any dog trainer from a recognized training center when in
the act of training guide, signal, or service dogs shall b e entitled
to have with him or her a guide, signal, or service dog spe cially
trained or being trained for that purpose, without being required to
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pay an additional charge therefor, but shall be liable as h ereafter
set forth in subsection B of this section.
B. A blind, physically handicapped or visually impaired person,
person with a disability , deaf or hard-of-hearing person and his or
her guide, signal, or servic e dog or a dog trainer from a recognized
training center in the act of training guide, signal, or service
dogs shall not be denied admittance to or refused access to any of
the following because of such dog: Any street, highway, sidewalk,
walkway, any common carrier, airplane, motor vehicle, railr oad
train, motor bus, streetcar, boat, or any other public conveyance or
mode of transportation, hotel, m otel, or other place of lodging,
public building maintained by any unit or subdivision of government,
building to which the general public is invited, college dormitory
and other educational facility, restaurant or other place where food
is offered for sale to the public, or any other place of public
accommodation, amusement, convenience, or resort to which the
general public or any classification of per sons from the general
public is regularly, normally, or customarily invited within the
State of Oklahoma. Such blind, physically handicapped or visually
impaired person, person with a disability , deaf or hard-of-hearing
person or dog trainer from a recogn ized training center in the act
of training guide, signal, or service dogs shall not be required to
pay any additional ch arges for his or her guide, signal, or service
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dog, but shall be liable for any damage done to the premises by such
dog.
C. A dog used by a deaf or hard-of-hearing person shall be
required to wear an orange identifying collar.
D. For the purposes of this section and Section 113.1 of Title
41 of the Oklahoma Statutes:
1. “Physically handicapped person” “Person with a disability”
means any person who has a physical impairment which severely and
permanently restricts mobility of two or more extremities, or who is
so severely disabled as to be unable to move without the a id of a
wheelchair;
2. “Service dog” means any dog individually train ed to the
physically handicapped person ’s requirements of the person with a
disability; and
3. “Signal dog” means any dog trained to alert a deaf or hard -
of-hearing person to intruders or sounds.
SECTION 4. AMENDATORY 74 O.S. 202 1, Section 85.58E, is
amended to read as foll ows:
Section 85.58E. A. The Risk Management Adm inistrator, pursuant
to the provisions of this section and Section 85.34 of Title 74 of
the Oklahoma Statutes Section 85.5A of this title, may obtain or
provide insurance coverage for any vehicle used by any entity
specified in subsection B of this section for transportation
services for elderly persons and/or handicapped persons with
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disabilities. The Risk Management Administrator is authorized to
determine eligibility criteria for participation in the Risk
Management Program by such transportation servic es. In addition,
the Risk Management Administrator is authorized to establish
equipment and safety standards for the vehicles to be covered by the
Risk Management Program.
B. The Risk Management Administrator may obtain or provide the
insurance coverage authorized by subsection A of this section for:
1. Counties;
2. Municipalities;
3. Community action agenci es designated pursuant to Sections
5035 through 5040 of Title 74 of the Oklahoma Statutes this title;
4. Any charitable corporation formed for the purpose of
providing either a volunteer or full -time fire department,
established pursuant to Section 592 of Title 18 of the Oklahoma
Statutes, furnishing transp ortation for elderly persons and
handicapped persons with disabilities; and
5. Any vehicle owned and operated by a nonprofit organization
that pursuant to contract with the state or a political subdivis ion
of the state provides older persons transportatio n to and from
medical, dental and religious services and re lief from business and
social isolation.
C. The governing authorities of such transportation services
for elderly persons and handicapped persons with disabilities shall
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be required to make paymen ts for such insurance coverage as provided
by Section 85.37 of Title 74 of the Oklaho ma Statutes Section 85.58M
of this title.
D. Requests for the insurance coverage provided pursuant to the
provisions of this section shall be submitted in writing to the Risk
Management Administrator by the transportation services for elderly
persons and handicapped persons with disabilities specified in
subsection B of this section. Those transportation services for
elderly persons and handicapped persons with disabilities meeting
eligibility criteria shall be approved for participation in the Risk
Management Program by the Risk Management Administrator if the
vehicles used by transp ortation services for elderly persons and
handicapped persons with disabilities meet the equipment and safety
standards established by the Risk Management Administrator.
SECTION 5. AMENDATORY 74 O.S. 2021, Section 840 -2.9, as
amended by Section 8, Chapter 243, O.S.L. 2022 (74 O.S. Supp. 2022,
Section 840-2.9), is amended to read as follows:
Section 840-2.9. A. No person in the state service shall be
appointed to or demoted or dismissed from any position in the state
service, or in any way favored or discriminated against with respect
to employment in the state service because of political or religious
opinions or affiliations, race, creed, gender, colo r or national
origin or by reason of any physical handicap disability so long as
the physical handicap disability does not render the employee unable
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to do the work for which he or she is employed. The hiring of
special disabled veterans pursuant to Sections 401 through 404 of
Title 72 of the Oklahoma Statutes shall not constitute favoritism as
herein prohibited.
B. No person shall use or promise to use, directl y or
indirectly, any official authority or influence, whether possessed
or anticipated, to secure or attempt to secur e for any person an
appointment or advantage in appointment to a position or an increase
in pay or other advantage in employment in any such position, for
the purpose of influencing the vote or political action of any
person, or for any consideration. Letters of inquiry,
recommendation and reference for public employees by public
officials shall not be consi dered official authority or influence
unless such letter contains a threat, intimidation, or irrelevant,
derogatory or false information.
C. No person shall make any false statement, certificate,
score, rating or report with regard to any test, certificat ion or
appointment to state service or in any manner commit any fraud
related to employment in state service preventing the implementation
of the provisions of law and rules made pursuant thereto.
D. No employee, examiner or other person shall deny, deceive or
obstruct any person in his or her rig ht to examination, eligibility,
certification or appointment or furnish to any person any spe cial or
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secret information for the pur pose of effecting the rights or
prospects of any person with respect to employment in state service.
E. No person shall, directly or indirectly, give, render, pay,
offer, solicit or accept any money, se rvice or other valuable
consideration for or a s a result of any appointment, proposed
appointment, promotion or proposed promotion to or any advantage in,
a position in state service.
F. Alleged violation of this section sha ll be reported to the
Oklahoma Attorney General.
SECTION 6. AMENDATORY 74 O.S. 2021, Section 954, is
amended to read as follows:
Section 954. It is hereby prohibited for any departme nt or
agency of the State of Oklahoma, or any official or employee of the
same for and on behalf of the State of Oklahoma: to refuse to
employ or to discharge any perso n, otherwise qualified, on account
of race, color, creed, national origin, age, handicap disability, or
ancestry; to discriminate for the same reasons in regard to tenure,
terms, or conditions of employment; to deny promotion or increase in
compensation solely for th ese reasons; to publish an offer of
employment based on such discrimination; to adopt or enforce any
rule or employment policy which so discriminates as to any employee;
or to seek such information as to any applicant or employee or to
discriminate in the selection of personnel for traini ng solely on
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such basis. These provisions shall be cumulative and in addition to
existing laws relating to discrimination in the classified service.
It shall be the duty of the Oklahoma Merit Protection Commission
to investigate, upon its own initiative, upon complaint filed by any
aggrieved person, or upon complaint filed by the Attorney General ’s
Office of Civil Rights Enforcement, any violation of this section
and to enforce compliance with the same, both in the classifi ed and
the nonclassified service. The Attorney General ’s Office of Civil
Rights Enforcement shall investigate, upon its own initiative or on
complaint filed with it, any such violation and may file a formal
complaint with the Oklahoma Merit Protection Com mission. When any
complaint is filed by the Attorney General with the Oklah oma Merit
Protection Commission, the Oklahoma Merit Protection Commission
shall set a hearing on the same, at which hearing the Attorney
General, or his or her representative, may appear and present the
finding of the Attorney General in regard to such vio lation. In the
enforcement of this section, the Oklahoma Merit Protection
Commission shall follow the provisions of existing laws relating to
hearings, procedures, and notices, an d shall have power to enforce
its orders pertaining to violations of this se ction as is provided
by law in regard to the classified service.
SECTION 7. AMENDATORY 74 O.S. 2021, Section 2280, is
amended to read as follows:
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Section 2280. A. There is hereby create d a state trails system
composed of:
1. State nature trails, which shall be trails designed to
deepen the public’s awareness and understandi ng of various
ecological, geological or cultural qualities within the state by
means of an interpretive service pro gram;
2. State hiking trails, which shall be extensive trails and
will serve to connect parks, scenic areas, historical points and
neighboring communities;
3. State special-use trails, which shall be trails designed to
provide for those trail activities which require special trail
definition and will include trails for bicycling, public riding and
motorcycle and minibike activities, as well a s trails designed to
meet the needs of the handicapped persons with disabilities , the
blind and visually impaired p ersons, and the elderly; and
4. State heritage trails, which shall be trails designed to
promote the identification and interpretation of si gnificant
cultural and historic sites throughout the state.
B. The Commission, in accordance with appropriate fede ral,
state and local governmental organizat ions, shall establish a
uniform marker for the trails system.
C. In the planning and designation of trails, the Commission
shall give due regard to the interest of fe deral or state agencies,
all political subdivi sions, private land owners, interested
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individuals and citizen groups. Furthermore, the Commission
encourages citizen participation in trail acquisition, construction,
development and maintenance where such ac tivities will not conflict
with the purposes of the Oklahoma Trails System Act .
SECTION 8. AMENDATORY 74 O.S. 2021, Section 3003, as
amended by Section 3, Chapter 252, O.S.L. 2022 (74 O.S. Supp. 2022,
Section 3003), is amended to read as follows:
Section 3003. As used in Section 3001 et seq. of this title:
1. “Blind or visually impaired person” means a person having a
visual acuity not to exceed 20/200 in the bet ter eye, with
correcting lenses, or visual acuity greater than 20/200 but with
limitation in the field of vision such that the widest diameter of
visual field subtends an angle no greater than twenty (20) degrees;
2. “Council” means the State Use Advisory Council;
3. “Qualified nonprofit agency for the employment of people
with significant disabil ities” means a nonprofit agency employing
persons with significant disabilities who constitute at least
seventy-five percent (75%) of the direct labor hours engaged in
direct production, manufacturing, processing and/or assembling of
products or services offered by the agency for procurement by this
state or who meet the definition of blind or visually impaired
person as provided for in paragraph 1 of this section, or which is
certified as a sheltered workshop by the Wage and Hour Division of
the United States Department of Labor;
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4. “Person with significant disabilities” means an individual
with a physical or mental disability constituting a s ubstantial
handicap impediment to employment and preventing the person from
engaging in normal competitive employment and /or includes any blind
or visually impaired person;
5. “Qualified organization” means a blind or visually impaired
person or qualified nonprofit agency for the employment of people
with significant disabilities contracting to supply goods or
services;
6. “Manufactured” means goods made by manual labor;
7. “Produced” means to have brought into existence or created
from raw materials;
8. “Processed” means the action of taking something through an
established and mostly routine set of procedures or steps to
substantially convert a potential product from one form to another.
This action involves a sequence of multiple steps each requiring a
distinct decision-making process to evolve a potential product to
the next step;
9. “Assemble” means to put or fit together or put together the
parts of a potential product;
10. “Central nonprofit agency (CNA)” means a qualified 501(c)3
nonprofit entity meeting the qualifications in the Request for
Procurement (RFP) issued by the Office of Management and Enterprise
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Services selected to administer and oversee the State Use Program;
and
11. “Procurement schedule” means a designated schedule of
products and services currently approved by the Office of Management
and Enterprise Services Central Purchasing Division as suitable to
procure from qualified organizations particip ating in the State Use
Program.
SECTION 9. AMENDATORY 74 O.S. 2021, Section 5010.2, is
amended to read as follows:
Section 5010.2. For purposes of this act:
1. “Disadvantaged business ” means a business employing less
than twenty-five persons of which at least fifty-one percent (51%)
of the outstanding stock is owned, regardless of minority status, by
a person who is:
a. by reason of social or economic background unable to
compete in the free enterprise system due to
diminished capital and credit opportunities of a
quality or quantity similar to those available to
others in the same business area who are not
disadvantaged, and
b. impeded from normal entry into the economic mainstream
because of historical practices of discrimination
based on race, color, religion, ethnic background,
sex, age, handicap disability, national origin, or
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service in the armed forces during the Vietnam
conflict, and
c. unable to compete effectively because of tendencie s of
regular financing and commercial organ izations to
restrict their services to established businesses, and
d. in a state of low income;
2. “Low income” means annual income whic h is eighty percent
(80%) or less of the median annual income of the citizen s of this
state as reported by the latest e stimates of the U.S. Bureau of the
Census;
3. “Minority business” means a business employing less than
twenty-five persons which is fift y-one percent (51%) owned and
operated by one or more minority persons; and
4. “Minority person” means a citizen of th e United States who
is Black, Hispanic, Oriental Asian, American Indian, Eskimo Alaska
Native, Aleut, or handicapped a person with a disability .
SECTION 10. AMENDATORY 74 O.S. 2021, Section 7009, is
amended to read as follows:
Section 7009. A. Participation in the State Charitable
Campaign shall be limited to voluntary, charitable, health and
welfare agencies that provide or support direct health and welfare
services to individuals or the ir families and meet the criteria set
out in this section. The health and welfare services shall be
available to state employees, unles s they are rendered to needy
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persons overseas. The services shall directly benefit human being s,
whether children, yout h, adults, the aged, the ill and infirm, or
the mentally or physically handicapped children and adults with
disabilities. The services shall consist of care, research, or
education in the fields of human health or social adjustment and
rehabilitation; relief for victims of natural disasters and ot her
emergencies; or assistance to those who are impoverished and,
therefore, in need of food, shelter, clothing, and basic human
welfare services.
B. For the purposes of the State Charitable Campaign, basic
human welfare service shall not include:
1. Organizations whose primary purpose is the direct or
indirect support of institutions of higher education;
2. Lobbying; and
3. Religious activities.
C. To be included in the State Charitable Campaign, a voluntary
charitable agency, in addition to meeting t he other requirements set
forth in this section, shall:
1. Be a nonprofit, tax -exempt charitable organization and
submit to the participating federation a 501(c)(3) exemption from
the Internal Revenue Service;
2. Be incorporated or authorized to do busin ess in this state
as a private, nonprofit organization;
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3. Register, annually, with the Secr etary of State to solicit
or accept contributions in this state;
4. Submit to the participating federation an audit of the
agency, conducted by an accounting firm or individual holding a
permit to practice public accounting in this state according to the
generally accepted standards of accounting for nonprofit
organizations; and
5. Submit to the participating federation a copy of the annual
form 990.
D. Applications to the State Charitable Campaign shall be
submitted to the Oversight Committee for State Employee Charitable
Contributions from local federations which shall include United
Ways, United Funds, Combined Health Appeals, International Social
Service Agencies and any other local federation consisting of at
least five local agencies which meet the requirements of this
section. Each federation shall certify the application for its
member agencies and shall give stat e charitable agencies precedence
over national agencies if both qualify for the charitable
contribution campaign. Applications from ind ividual agencies shall
not be accepted.
SECTION 11. This act shall become effective November 1, 2023.
COMMITTEE REPORT BY: COMMITTEE ON GENERAL GOV ERNMENT
February 9, 2023 - DO PASS