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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 835 By: Howard
AS INTRODUCED
An Act relating to state government and build ings;
amending 73 O.S. 2021, Section 163. 1, which relates
to the Oklahoma Capitol Improvemen t Authority;
broadening leasing authority; amending 74 O.S. 2021,
Sections 4190, 4191, and 4192, which rela te to child
care centers for state employees ; transferring
certain powers, duties, and fund to the Department of
Human Services; clarifying applicabi lity of certain
provision; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 73 O.S. 2021 , Section 163.1, is
amended to read as follows:
Section 163.1. The Oklahoma Capitol Improvement Authority is
hereby authorized to lease space within:
1. Within the State Office Building in Tulsa, Okl ahoma, to
private persons; or
2. Where the Department of Human Services has identified an
appropriate location for lease to a third party to provide for the
limited purpose of implementing Sections 4190 through 4192 of Title
74 of the Oklahoma Statutes .
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SECTION 2. AMENDATORY 74 O.S. 2021, Section 41 90, is
amended to read as follows:
Section 4190. A. The Director of the Office of Management and
Enterprise Services Department of Human Services is authorized to
approve and administer child care centers for minor dependents of
state employees the purpose of implementing Section 4190 et seq. of
this title, and may provide consultat ion to state agencies regard ing
child care centers.
B. The Office of Management and Enterp rise Services, the
Department of Human Services, and the Oklahoma State Department of
Health are directed to assist the Director of the Office of
Management and Enterprise Services Department of Human Services in
the implementation of Sections 4190 through 4192 of this title.
C. The Director is authorized to promulgate any rules necessary
for the establishment and implementation of Sections 4190 through
4192 of this title.
D. C. Licensed spaces in the child care centers s hall be open
to all eligible children, including those individu als not employed
by the State of Oklahoma and those fina ncially eligible for
Department of Human Services child care assistance. However, minor
dependents of state employees shall be given hig hest priority and
children financially eligible for Department of Human Services child
care assistance second priority for all vacant spaces.
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E. D. The Director shall appr ove rates for child care
consistent with the rates of the industry within the geogra phic
area.
SECTION 3. AMENDATORY 74 O.S. 2021, Section 4191, is
amended to read as follows:
Section 4191. A. The Director of the Office of Management and
Enterprise Services Department of Human Services shall establish and
administer child care centers authorized in Section 4190 of this
title with funds made available for that purpos e.
B. The Director of the Office of Management and Enterprise
Services may approve a consortium, partnership, cooperative or
agreement to provide child care centers with other public or private
employers.
C. The child care centers shall may be operated through a
contract with child care providers. Specifications for a contract
shall be developed with the assistance of, and subject to the
approval of, the Director of the Office of Management and Enterprise
Services. Any such contract shall be made through th e Central
Purchasing Division of the Office of Management and Enterprise
Services. The low bid will shall not be the single qualifier. Any
child care provider shall be required to carry sufficient liability
insurance coverage which will pay damages incur red as a result of
the negligent acts or omissions of an empl oyee of the child care
provider within the scope of the employment of such person. An y
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child care provider shall meet or exceed applicable state child care
facilities licensure standards.
D. Nothing in this section shall prevent the Director from
utilizing paragraph 13 of Section 85. 5 of this title and paragraph 3
of subsection A of Secti on 85.7 of this title such authority as may
be provided by law to continue the operation of a child care cent er
with emergency contracts when the service provid er’s contract is
canceled or terminated before another qualified service provider is
procured. The employees of the Office of Management and Enterprise
Services Department shall not be employed to operate the centers.
E. Any parent utilizing the services of a chil d care center
shall be responsible for the charges assessed by the chil d care
provider for child care services.
SECTION 4. AMENDATORY 74 O.S. 2021, Section 4192, is
amended to read as follows:
Section 4192. There is hereby create d in the State Treasury a
revolving fund for the Office of Management and Enterprise S ervices
Department of Human Services, to be designated the “Child Care
Revolving Fund”. The fund shall be a continui ng fund, not subject
to fiscal year limitations, and shall consist of all monies received
by the Office of Management and Enterprise Servic es Department, from
appropriations or fees. All monies accruing to the credit of said
the fund are hereby appropriat ed and may be budgeted and expended by
the Office of Management and Enterprise Services Department for the
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purpose of establishing and admi nistering child care centers. All
expenditures from said revolving fund shall be made upon warrants
issued by the State Treasurer against claims filed as prescribe d by
law with the Director of the Office of Management and Enterprise
Services for approval and payment.
SECTION 5. This act shall become effective November 1, 2023.
59-1-1523 DC 1/19/2023 9:09:54 AM