Oklahoma 2024 Regular Session

Oklahoma Senate Bill SB1559 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	+	2nd Session of the 59th Legislature (2024)
	34	+
	35	+	ENGROSSED SENATE
6	36		BILL NO. 1559 By: Pugh of the Senate
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8	38		and
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10	40		Moore of the House
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15	45		An Act relating to the Office of Management and
16	46		Enterprise Services; amending 74 O.S. 2021, Section
17	47		85.58A, which relates to the state risk management
18	48		program; excluding certain institutions of higher
19	49		education from certain definition; prohibiting risk
20	50		management administrator from directing certain
21	51		insurance purchase; updating statutory references;
22	52		and providing an effective date .
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27		-	SUBJECT: Office of Management and E nterprise Services
28		-
29	57		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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31	58		SECTION 1. AMENDATORY 74 O.S. 2021, Section 85.58A, is
32	59		amended to read as follows:
33		-
34	60		Section 85.58A. A. Th e Office of Management and Enterprise
35	61		Services (OMES) shall establish for all state agencies, whether or
36	62		not subject to the Oklahoma Central Purchasing Act, and other
37	63		entities as provided by law a comprehensive professional risk
38	64		management program which sh all:
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40	65		1. Identify and evaluate risks of loss and exposures to los s to
41	66		officers, employees and properties;
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43	94		2. Minimize risks through loss -prevention and loss-control
44	95		programs;
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48	96		3. Transfer risks, if economically advantageous to the state,
49	97		by acquiring commercial insurance, contractual pass through pass-
50	98		through of liability, or by other means;
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52	99		4. Consolidate and administer risk management plans and
53	100		programs including self -insurance programs, except State Employees
54	101		Group Insurance the Oklahoma Employees Insu rance Plan;
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56	102		5. Determine feasibility of and, if feasible, establ ish self-
57	103		insurance programs, considering whether a program may be self -
58	104		supporting to remain financially and actuarially sound;
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60	105		6. Provide a system to allocate insurance and program costs to
61	106		determine payment for insurance coverage and program expenses
62	107		provided by the Office of Management and En terprise Services;
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64	108		7. When requested by a state retirement system or the State and
65	109		Education Employees Group Insurance Oklahoma Employees Insurance an d
66	110		Benefits Board, assist in obtaining insurance authorized by law . If
67	111		requested by the Oklahoma State Re gents for Higher Education, assist
68	112		trust funds for which the State Regents serve as trustees in
69	113		obtaining insurance authorized by law;
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71	114		8. Assist state agencies and officers, employees, and members
72	115		thereof, charged with licensing authority, in obtaining in surance
73	116		for liability for judgments, based on the licensing authority,
74	117		rendered by any court pursuant to federal law;
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76	145		9. When requested by a public tr ust established pursuant to
77	146		Title 60 of the Oklahoma Statutes of which the State of Oklahoma is
78	147		the beneficiary, obtain, provide or assist the public trust in
79	148		obtaining insurance authorized by law or trust indenture covering
80	149		any board member, trustee, offi cial, officer, employee or volunteer
81	150		for errors and omissions or liability risks arising from the
82	151		performance of official duties pursuant to law or trust indenture;
83		-
84	152		10. When requested by the Oklahoma State Regents for Higher
85	153		Education, for the purpose of insuring real property required
86	154		pursuant to Section 4018 of Title 70 of the Oklahoma Statutes, of
87	155		which the Oklahoma State Regents for Higher Education is the
88	156		beneficiary, obtain, provide or assist the Oklahoma State Regents
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91	157		for Higher Education in obtaini ng insurance for the real property
92	158		pursuant to the provisions of this section; and
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94	159		11. Authorize the Ris k Management Administrator to declare an
95	160		emergency for the purpose of mitigating damages to any state -owned
96	161		property insured under the comprehensive pr ofessional risk
97	162		management program administered by OMES.
98		-
99	163		B. For the purposes of this section, “state agency” shall not
100	164		be construed to include colleges and universities under the
101	165		authority of the Oklahoma State Regents for Higher Education.
102	166		Colleges and universities may request the Risk Management
103	167		Administrator to advise for the purchase of property insuran ce
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104	195		coverage, but the Administrator shall not direct the purchase of
105	196		property insurance from a specific entity.
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107	197		C. The Director of the Office of Manage ment and Enterprise
108	198		Services may hire or contract for the service s of a Risk Management
109	199		Administrator to supervise the Comprehensive Professional Risk
110	200		Management Program comprehensive professional risk management
111	201		program established pursuant to this sectio n. If appointed by the
112	202		Director as a state employee, the Risk Management Administrator
113	203		shall be in the unclassified service.
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115	204		C. D. The Risk Management Administrator shall evaluate
116	205		insurance coverage needs and in force for state agencies, whether or
117	206		not subject to the Oklahoma Central Purchasing Act, and other
118	207		entities as provided by law. All entities shall submit to the Risk
119	208		Management Administrator all information which the Risk Management
120	209		Administrator deems necessary to perform this duty.
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122	210		D. E. The Risk Management Administrator in conjunction with the
123	211		State Purchasing Director under the authority of the Director of the
124	212		Office of Management and Enterprise Services may negotiate insurance
125	213		coverage and insurance -related services including, but not limite d
126	214		to, insurance brokerage and consulting services. The State
127	215		Purchasing Director shall ensure open proce sses for solicitation and
128	216		qualification of insurance coverage and services providers. The
129	217		State Purchasing Director shall award contracts for insuranc e
130	218		coverage and services to the provider or providers which offer the
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131	246		best and final terms and conditions. The State Purchasing Director
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133		-	ENR. S. B. NO. 1559 Page 4
134	247		may authorize the Risk Management Administrator to bind for
135	248		insurance coverage with providers.
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137	249		E. F. The school districts of this state may request the Risk
138	250		Management Administrator t o advise for the purchase of insurance
139	251		coverage for the school districts.
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141	252		F. G. A state agency, whether or not subject to the Oklahoma
142	253		Central Purchasing Act, that contemplates purchase of p roperty and
143	254		casualty insurance, shall provide details of the proposed purchase
144	255		to the Risk Management Adm inistrator for approval or disapproval
145	256		prior to the purchase.
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147	257		G. H. The Director of the Office of Management and Enterprise
148	258		Services shall promulgate rules to effect the provisions of the
149	259		comprehensive professional risk management program.
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151	260		H. I. 1. a. Any community action agency established pursuant to
152	261		Sections 5035 through 5040 5040.1 of this title may
153	262		participate in the comprehensive professional risk
154	263		management program established pursuant to this
155	264		section for risks incurred as a result of operating a
156	265		Head Start program or providing transportation
157	266		services to the public. The Risk Management
158	267		Administrator shall obtain or provide for insurance
159	268		coverage for such community action agencies or bonding
160	269		for employees of such community action agencies. Any
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161	297		liability insurance coverage obtained or provided
162	298		shall include expenses for administrative and legal
163	299		services obtained or provided by the Risk Management
164	300		Administrator.
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166	301		b. The Risk Management Administrator shall determine
167	302		criteria for participation in the risk management
168	303		program by such community action agencies. In
169	304		addition, the Risk Management Administrator may
170	305		require each such community action agency to :
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172	306		(1) provide adequate qualified personnel and suitable
173	307		facilities and equipment for operating a Head
174	308		Start program or providing transportation
175	309		services to the public, and
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179	310		(2) comply with such standards as are necessary for
180	311		the protection of the clients it serves.
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182	312		2. To receive coverage pursuant to this section, a community
183	313		action agency shall make payments for any insurance coverage and
184	314		shall otherwise comply with the provisions of this section and rules
185	315		promulgated by the Office pursuant to the provision s of this
186	316		section.
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188	317		3. Requests for the insurance coverage provid ed pursuant to the
189	318		provisions of this su bsection shall be submitted in writing to the
190	319		Risk Management Administrator by the community action agencies.
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192	347		I. J. The Risk Management Administrator may provide or obtain
193	348		for any state agency, public trust with the state as a beneficiary
194	349		and a director, officer, employee or member thereof, insurance for
195	350		liability for loss, including judgments, awards, settlements, costs
196	351		and legal expenses, resulting fr om violations of rights or
197	352		privileges secured by the Constitution or laws of the United States
198	353		of America which occur while a director, officer, employee or member
199	354		is acting within the scope of service to the State of Oklahoma. The
200	355		insurance shall be for coverage in excess of the limits on liability
201	356		established by The Governmental Tort Claims Act but shall n ot limit
202	357		or waive any immunities now or hereafter available to the State of
203	358		Oklahoma or any state agency, any public trust with the state as a
204	359		beneficiary, or any director, officer, employee or member thereof
205	360		including, but not limited to, any immunities u nder the Eleventh
206	361		Amendment to the Constitution of the United States, state sovereign
207	362		immunity, and any absolute or qualified immunity held by any
208	363		director, officer, employee or member.
209		-
210	364		SECTION 2. This act shall become effective November 1 , 2024.
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213		-	ENR. S. B. NO. 1559 Page 6
214		-	Passed the Senate the 1 4th day of March, 2024.
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217		-
218		-	Presiding Officer of the Senate
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221		-	Passed the House of Representatives the 16th day of April, 2024.
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225		-	Presiding Officer of the House
226		-	of Representatives
227		-
228		-	OFFICE OF THE GOVERNOR
229		-	Received by the Office of the Governor this _______ _____________
230		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
231		-	By: _________________________________
232		-	Approved by the Governor of the State of Oklahoma this _______ __
233		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
234		-
235		-	_________________________________
236		-	Governor of the State of Oklahoma
237		-
238		-
239		-	OFFICE OF THE SECRETARY OF STATE
240		-	Received by the Office of the Secretary of State this _______ ___
241		-	day of _________________ _, 20 _______, at _______ o'clock _______ M.
242		-	By: _________________________________
	366	+	COMMITTEE REPORT BY: COMMITTEE ON GENERAL GOVERNMENT, dated
	367	+	03/26/2024 - DO PASS.