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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 748 By: Rosino
AS INTRODUCED
An Act relating to the Office of Disability C oncerns;
consolidating the Office of Disability Concerns under
the Department of Human Services subject to certain
regulations; directing certain continuation of
exercise of statutory powers, duties, and
responsibilities; providing for certain transfers;
providing for succession to contractua l rights and
responsibilities; requiring Director of the
Department to adopt and enforce certain rules ;
authorizing further rulemaking; permitting execution
of certain agreement; requiring consent of employee s
prior to transfer; providing certain pro tections
relating to salary, leave, time earned, and benefits ;
requiring transfer of personnel to be coordinate d
with Office of Management and Enterprise Services;
requiring Department to pay certain expenses;
abolishing certain state agency when certain
conditions are met; requiring Office of Management
and Enterprise Services to coordinate certain
transfers; amending 74 O.S. 2021, Section s 9.21,
9.23, 9.27, 9.33, and 9.34, which relate to the
Office of Disability Concer ns; conforming language;
transferring certain powers, duties, and fund to the
Department and the Director; updating statutory
references; providing for codification; and providing
an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLA HOMA:
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SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 9.20 of Title 74, unless there
is created a duplication in numbering, reads as follows:
A. Subject to the conditions and requirements of 34 CFR Part
370, the Office of Disability Concerns shall cease to be a separate
and distinct agency of the executive branch of stat e government and
shall become a division of the Department of Human Services , to be
known as the Office of Disability Conc erns. The Office of
Disability Concerns and the Director of the Office of Disability
Concerns shall continue to exercise their statutory powers, duties,
and contractual responsibilities. All records, property, equipment,
assets, monies, financial interes ts, liabilities, matters pending,
and funds of the division shall be transferred to the Department.
B. The Department shall succeed to any contractual rights or
responsibilities incurred by the Office of Disability Concerns .
C. Rules promulgated by the Office of Disability Concerns that
are in effect on the effective date of this act shall be imm ediately
adopted and enforced by the Director of the Department. The
Director of the Department maintains the authority to further
promulgate and enforce rules.
D. The Office of Disability Concer ns and the Department may
enter into an agreement for the t ransfer of personnel from the
Office of Disability Concerns to the Department. No employee shall
be transferred to the Department except on the freely given writ ten
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consent of the employee. All e mployees who are transferred to the
Department shall not be required to accept a lesser grade or salary
than presently received. All employees shall retain leave, sick,
and annual time earned, and any retirement and long evity benefits
which have accrued d uring their tenure with the Office of Disability
Concerns. The transfer of personnel between the state agencies
shall be coordinated with the Office of Management and Enterprise
Services.
E. The expenses incurred by the Department as a result of the
transfer required by this subsection shall be paid by the
Department.
F. The state agency known as the Office of Disability Concerns
shall be abolished:
1. After the transfers have been completed; and
2. Once the conditions and requirements of 34 CFR Part 370 have
been met.
G. The Office of Managemen t and Enterprise Services shall
coordinate the transfer of reco rds, property, equipment, assets,
funds, allotments, purchase orders, liabilities, outstanding
financial obligations, or encumbrances provided for in this section.
SECTION 2. AMENDATORY 74 O.S. 2021, Section 9.21, is
amended to read as follows:
Section 9.21. There is hereby established an agency of the
executive branch of state government a division within the
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Department of Human Services to be known as the Office of Disability
Concerns.
SECTION 3. AMENDATORY 74 O.S. 2021, Section 9.23, is
amended to read as follows:
Section 9.23. A. The Office of Disability Concerns shall be
administered by a Director who shall be appointed by the Governor
Director of the Department of Human Services and serve at the
pleasure of the Governor. Such appointment shall be subject to
Senate confirmation within thirty (30) days after the appointment or
the convening of the next legislative session, if the Legislature is
not in session on the date of appointment .
B. The Director shall and is hereby authorized to appoint and
fix the duties and compensation of employees, not otherwise
prescribed by law, and otherwise direct the wo rk of the staff in
performing the functions and acc omplishing the purposes of the
Office of Disability Concerns.
C. The Director, subject to the appro val of the State
Purchasing Director, may use purchase cards for invoices relating to
telecommunication services Director of the Department.
SECTION 4. AMENDATORY 74 O.S. 2021, Section 9.27, is
amended to read as follows:
Section 9.27. The Office of Disability Concerns Director of the
Department of Human Services is hereby authorized to make necessary
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rules and regulations to carry out the provisions of Section 1 of
this act and Section 9.21 et seq. of this title .
SECTION 5. AMENDATORY 74 O.S. 2021, Section 9.33, is
amended to read as follows:
Section 9.33. There is created in the State Tr easury a
revolving fund for the Office of Disability Concerns Department of
Human Services to be designated as the “Office of Disability
Concerns Revolving Fund ”. The fund shall be a continuing fund, not
subject to fiscal year limitations, and shall consi st of all
nonfederal monies received by the Department for the Office of
Disability Concerns, including receipts, from any state agency or
institution, gifts, contributions, do nations and bequests. All
monies accruing to the credit of said fund are hereby appropriated
and may be budgeted and expended by the Office of Disability
Concerns Department to perform the duties of the Office of
Disability Concerns as prescribed by law. Expenditures from said
fund shall be made upon warrants issued by the State Tre asurer
against claims filed as prescribed by law with the Director of the
Office of Management and Enterprise Services for approval and
payment.
SECTION 6. AMENDATORY 74 O.S. 2021, Section 9.34, is
amended to read as follows:
Section 9.34. The Office of Disability Concerns Department of
Human Services shall, on behalf of the Office of Disability
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Concerns, accept, hold in trust, and authorize the us e of any grant
or devise of land, or any donations or bequests of money or other
personal property mad e to the Office so lo ng as the terms of the
grant, donation, bequest or wi ll are carried out. The Office
Department may invest and reinvest any funds and money, lease, or
sell any real or personal propert y, and invest the proceeds for the
purpose of promoting the well-being of people with disabilities
unless prohibited by the t erms of the grant, donation, bequest,
gift, or will. If, due to circumstances, the requests of the person
or persons making the gr ant, donation, bequest, gift, or will cannot
be carried out, the Office Department shall have the authority to
use the remainder thereof for the purposes of this act Section 9.21
et seq. of this title . Said Such funds shall be deposited to the
revolving fund Office of Disability Concerns Revolving Fund to carry
out the provisions of this act Section 9.21 et seq. of this title .
Such gifts, donations, bequests, or grants shall be exempt for tax
purposes. The Office Department shall report annually to the
Governor all monies and properties received and expe nded by virtue
of this section.
SECTION 7. This act shall become effective November 1, 2023.
59-1-252 DC 1/18/2023 5:13:18 PM