Oklahoma 2025 Regular Session

Oklahoma Senate Bill SB494 Compare Versions

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29-HOUSE OF REPRESENTATIVES - FLOOR VERSION
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31-STATE OF OKLAHOMA
32-
33-1st Session of the 60th Legislature (2025)
3427
3528 ENGROSSED SENATE
3629 BILL NO. 494 By: Daniels of the Senate
3730
3831 and
3932
4033 Pae of the House
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4437
4538 An Act relating to state government; amending 62 O.S.
4639 2021, Sections 34.21, 34.36, 34.42, as amended by
4740 Section 1, Chapter 113, O.S.L. 2024, and 45.2 (62
4841 O.S. Supp. 2024, Section 34.42), which relate to the
4942 authorization for use of state funds, estimate of
5043 funds needed, budget work programs, and definitions;
5144 removing certain language relating to CompSource
5245 Oklahoma; amending 74 O.S. 2021, Section s 18c, 62.3,
5346 63, 78a, and 78b, which relate to employment of
5447 attorneys and authority of boards or officials,
5548 duties of director and agency compliance, general
5649 powers and authority of Office of Management and
5750 Enterprise Services, requisition of motor vehicles,
5851 and state agencies an d notice of disposal of
5952 vehicles; removing certain language relating to
6053 CompSource Oklahoma; amending 85A O.S. 2021, Section
6154 17, which relates to physician advisory committee;
6255 removing certain references to CompSource Oklahoma;
6356 repealing 36 O.S. 2021, Sect ion 902.3, which relates
6457 to workers’ compensation; repealing 74 O.S. 2021,
6558 Sections 3316 and 3317, which relate to CompSource
6659 Oklahoma; and providing an effective date .
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7164 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
7265 SECTION 1. AMENDATORY 62 O.S. 2021, Section 34.21, is
7366 amended to read as follows:
67+Section 34.21. A. No agency of the executive branch of the
68+state shall use state funds for or enter into any agreement for the
69+acquisition, development or enhancement of a com munication or
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101-Section 34.21. A. No agency of the executive branch of the
102-state shall use state funds for or enter into any agreement for the
103-acquisition, development or enhancement of a com munication or
10496 telecommunication system including voice, data, radio, video,
10597 Internet, eGovernment, as referenced in Sections 34.24 and 34.25 of
10698 this title, printers, sc anners, copiers, facsimile systems and
10799 associated supplies, service costs, maintenance c osts, or any other
108100 costs or fees associated with the acquisition of the system or
109101 equipment, without written authorization of the Chief Information
110102 Officer or a designee. The Chief Information Officer or a designee
111103 shall verify that any acquisition, devel opment or enhancement is
112104 compatible with the operation of the Oklahoma Government
113105 Telecommunications Network.
114106 B. No agency of the executive branch of the state shall e nter
115107 into any agreement for the acquisition, development or enhancement
116108 of a communication or telecommunication system or service including
117109 voice, data, radio, video, Internet, eGovernment, printers,
118110 scanners, copiers, and facsimile systems, unless the cost of such
119111 addition, change, improvement or development has been included in
120112 the statewide communications plan of the Information Services
121113 Division of the Office of Management and Enterprise Services, as
122114 said plan may have been amended or revised.
123115 C. State agencies may enter into interagency contracts to share
124116 communications and telecommunica tions resources for mutually
117+beneficial purposes. The contract shall clearly state how its
118+purpose contributes to the development or enhancement or cost
119+reduction of a state network which includes voice, data, radio,
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152-beneficial purposes. The contract shall clearly state how its
153-purpose contributes to the development or enhancement or co st
154-reduction of a state network which includes voice, data, radio,
155146 video, Internet, eGovernment, or facsi mile systems. The contract
156147 shall be approved by the Information Services Division before any
157148 payments are made.
158149 D. The provisions of subsections A, B and C of this se ction
159150 shall not apply to the telecommunications network known as OneNet
160151 whether said network is governed or operated by the Oklahoma State
161152 Regents for Higher Education or any other state entity assigned
162153 responsibility for OneNet.
163154 E. The provisions of this section shall not apply to CompSource
164155 Oklahoma.
165156 F. No state agency shall use state fun ds or enter into any
166157 agreement for the acquisition, development or enhancement of a
167158 public safety communication system unless the request is consistent
168159 with the Statewide Communications Interoperability Plan and the
169160 public safety communications standards i ssued by the Oklahoma Office
170161 of Homeland Security. Agencies interested in acquiring, developing
171162 or enhancing a public safety communications system shall submit a
172163 proposal to the Oklahoma Office of Homeland Security. The Oklahoma
173164 Office of Homeland Securi ty shall issue a proposal review which
174165 summarizes whether the proposal is consistent with the Statewide
175166 Communications Interoperability Plan and the technology standard s
167+issued. The proposal review shall be submitted to the requesting
168+agency and to the Ch ief Information Officer.
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203-issued. The proposal review shall be submitted to the requesting
204-agency and to the Chief Information Officer.
205195 SECTION 2. AMENDATORY 62 O.S. 2021, Section 34.36, is
206196 amended to read as follows:
207197 Section 34.36. A. On the first day of October preceding each
208198 regular session of the Legislature, each state agency, inclu ding
209199 those created or established pursuant to constitutional provisions,
210200 shall report to the Director of the Office of Management and
211201 Enterprise Services and the Chair and Vice Chair of the Legislative
212202 Oversight Committee on State Budget Performance an ite mized request
213203 showing the amount needed for the ensuing fiscal year beginning with
214204 the first day of July.
215205 B. The forms which must be used in making these reports shall
216206 be approved by the Director of the Office of Management and
217207 Enterprise Services and the Legislative Oversight Committee on State
218208 Budget Performance.
219209 C. The forms shall be uniform, and shall clearly designate the
220210 information to be given.
221211 D. The information provided shall include, but not be limited
222212 to:
223213 1. A budget analysis of existing and proposed programs
224214 utilizing performance -informed budgeting techniques. Such analysis
225215 shall be included as a part of the estimate of funds needed;
216+2. A statement listing any other state, federal or local
217+agencies which administer a similar or cooperating program and an
218+outline of the interaction among such agencies;
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253-2. A statement listing any other state, federal or local
254-agencies which administer a similar or cooperating program and an
255-outline of the interaction among such agencies;
256245 3. A statement of the statutory authority for the missions and
257246 quantified objectives of each program;
258247 4. A description of the groups of people served by each program
259248 in the agency;
260249 5. A quantification of the need for the program;
261250 6. A description of the tactics which are intended to
262251 accomplish each objective;
263252 7. A list of quantifiable program outcomes which measure the
264253 efficiency and effectiveness of each program;
265254 8. A ranking of these pro grams by priority;
266255 9. Actual program expenditures for the current fiscal year and
267256 prior fiscal years and the number of personnel required to
268257 accomplish each program;
269258 10. Revenues expected to be generated by each program, if any;
270259 11. With respect to appr opriated state agencies, a detailed
271260 listing of all employees and resources dedicated to the provision of
272261 financial services including but not limited to procurement,
273262 payroll, accounts receivable and accounts payable. The provisions
274263 of this paragraph shall not be applicable to the Oklahoma State
275264 Regents for Higher Education or to any institutions within The
276265 Oklahoma State System of Higher Education; and
266+12. A certification that following the effective date of this
267+act and prior to July 1, 2011, no expendit ure shall have been made
268+or funds encumbered for the purchase, lease, lease -purchase or
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304-12. A certification that following the effective date of this
305-act and prior to July 1, 2011, no expenditure shall have been made
306-or funds encumbered for the purchase, lease, lease -purchase or
307295 rental of any computers, software, telecom, information technology
308296 hardware, firmware or information technology services, including
309297 support services without the prior w ritten approval of the State
310298 Comptroller or his or her designee.
311299 E. These appropriated agencies shall make an itemized estimate
312300 of needs for the ensuing fiscal year an d the following two (2)
313301 fiscal years and request for funds for the ensuing fiscal year a nd
314302 an estimate of the revenues from all sources to be received by the
315303 agency during the ensuing fiscal year and the following two (2)
316304 fiscal years.
317305 F. The Director of the Office of Management and Enterprise
318306 Services shall submit to the Governor and the Le gislative Oversight
319307 Committee on State Budget Performance no later than the fifth day of
320308 October a complete list of all spending agencies which have failed
321309 to submit budgets by October 1.
322310 G. The reports required by this section shall include an
323311 itemized listing of outstanding capital lease debt and estimated
324312 capital lease needs for the ensuing fiscal year and the following
325313 two (2) fiscal years, and shall be provided on forms prescribed by
326314 the Director of the Office of Management and Enterprise Services.
315+H. For the purposes of this section, “capital lease” means a
316+lease-purchase agreement which provides an option for the State of
317+Oklahoma or its agencies to purchase prop erty, including personal
318+and real property, which is the subject thereof and/or a lease
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354-H. For the purposes of this section, “capital lease” means a
355-lease-purchase agreement which provides an option for the State of
356-Oklahoma or its agencies to purchase property, including personal
357-and real property, which is the subject thereof and/or a lease
358345 agreement that provides an option for the State of Oklahoma or its
359346 agencies to lease such property, which is the subject thereof, at a
360347 nominal annual amount, after a period in which leased property is
361348 rented at fair market value.
362349 I. The provisions of this section shall not apply to CompSource
363350 Oklahoma if CompSource Oklahoma is operating pursuant to a pilot
364351 program authorized by Sections 3316 and 3317 of Title 74 of the
365352 Oklahoma Statutes.
366353 J. Not later than January 1, the Director of the Office of
367354 Management and Enterprise Services shall publish a shared services
368355 cost-performance assessment report documenting the amount of each
369356 state agency’s cost for providing shared services. The lowest
370357 ranking state agencies shall enter into a contract with the Office
371358 of Management and Enterprise Services for the provision of shared
372359 financial services, provided that the Director of the Office of
373360 Management and Enterprise Services deter mines that implementation of
374361 such a contract would be feasible and documents that the co ntractual
375362 agreement will result in cost savings or efficiencies to the state.
376363 Contracts required by this subsection shall be entered into at the
377364 start of the next fiscal year. When a state agency is contracted
365+with the Office of Management and Enterprise Services for the
366+provision of shared financial services, the agency may discontinue
367+using shared services when documentation showing that the agency can
368+provide the services at a lower cost to the state is provided to and
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405-with the Office of Management and Enterprise Services for the
406-provision of shared financial services, the agency may discontinue
407-using shared services when documentation showing that the agency c an
408-provide the services at a lower cost to the state is provided to and
409395 approved by the Director of the O ffice of Management and Enterprise
410396 Services. As used in this subsection, “shared services” means
411397 process, resource utilization or action as defined by administrative
412398 rule. On a yearly basis the Director of the Office of Management
413399 and Enterprise Services shall compile and publish a report
414400 documenting the cost savings resulting from shared services
415401 contracts. The provisions of this subsection shall not be
416402 applicable to the Oklahoma State Regents for Higher Education or to
417403 any institutions within The Oklah oma State System of Higher
418404 Education.
419405 SECTION 3. AMENDATORY 62 O.S. 2021, Section 34.42, as
420406 amended by Section 1, Chapter 113, O.S.L. 2024 (62 O.S. Supp. 2024,
421407 Section 34.42), is amended to read as follows:
422408 Section 34.42. A. On or before the first day of June in each
423409 year, or as soon thereafter as possible, all agencies shall file
424410 agency budgets with the Director of the Office of Management an d
425411 Enterprise Services. Copies of all agency budgets shall also be
426412 made available electr onically to the staff of the Joint Legislative
427413 Committee on Budget and Program Oversight.
414+B. The required instructions, content and format of agency
415+budgets shall be developed by the staff of the Budget Division of
416+the Office of Management and Enterprise Services.
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455-B. The required instructions, content and format of agency
456-budgets shall be developed by the staff of the Budget Division of
457-the Office of Management and Enterprise Services.
458443 C. 1. The agency budget shall include a description of all
459444 funds available to the agency for expenditure and set out allotments
460445 requested by the agency by q uarter and the entire fiscal year.
461446 2. The agency budget shall be accompanied by an orga nizational
462447 chart of the agency, a statement of agency mission and program
463448 objectives.
464449 3. The agency budget shall delineate agency spending by such
465450 categories and with at least as much detail as is specified in the
466451 legislative appropriation and as prescrib ed by the Director of the
467452 Office of Management and Enterprise Services.
468453 4. Agency budgets shall be signed by the executive officer of
469454 each agency.
470455 5. The executive of ficer shall certify that the agency is in
471456 complete compliance with the requirements of S ection 34.11.3 of this
472457 title and Section 3-114 of Title 65 of the Oklahoma Statutes.
473458 D. A “request officer” shall be designated by each state agency
474459 for the purpose of making program and allotment requests.
475460 E. Executive officers of agencies shall coopera te with the
476461 Office of Management and Enterprise Services staff and Joint
477462 Committee staff in developing program budgeting categories.
463+F. All funds available or expected to be made available to any
464+agency, including nonfiscal appropriations, shall not be av ailable
465+for expenditure until the request officer of the agency has complied
466+with the applicable provisions of the Oklahoma State Finance Act and
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505-F. All funds available or expected to be made available to any
506-agency, including nonfiscal appropriations, shall not be available
507-for expenditure until the request officer of the agency has complied
508-with the applicable provisions of the Oklahoma State Finance Act and
509493 has received approval of such request for funds from the Director of
510494 the Office of Management and Enterprise S ervices.
511495 G. The provisions of this section shall not apply to CompSource
512496 Oklahoma if CompSource Oklahoma is operating pursuant to a pilot
513497 program authorized by Section s 3316 and 3317 of Title 74 of the
514498 Oklahoma Statutes.
515499 SECTION 4. AMENDATORY 62 O.S. 2021, Section 45.2, is
516500 amended to read as follows:
517501 Section 45.2. In this act, “state agency” means a department,
518502 board, commission, or other entity of state government within the
519503 Executive Department of the State of Oklahoma, includi ng
520504 institutions of higher education, that:
521505 1. Was created by the Constitution or a state statute with an
522506 ongoing mission and responsibilities;
523507 2. Is not the Office of the Governor or Lieutenant Governor;
524508 and
525509 3. Is not a committee created under state law whose primary
526510 function is to advise an agency ; and
511+4. Is not CompSource Oklahoma, provided CompSource Oklahoma is
512+operating pursuant to a pilot program authorized pursuant to
513+Sections 1 and 2 of this act .
514+SECTION 5. AMENDATORY 7 4 O.S. 2021, Section 18c, is
515+amended to read as follows:
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554-4. Is not CompSource Oklahoma, provided CompSource Oklahoma is
555-operating pursuant to a pilot progr am authorized pursuant to
556-Sections 1 and 2 of this act .
557-SECTION 5. AMENDATORY 7 4 O.S. 2021, Section 18c, is
558-amended to read as follows:
559542 Section 18c. A. 1. Except as otherwise provided by this
560543 subsection, no state officer, board or commission sh all have
561544 authority to employ or appoint attorneys to advise or represent said
562545 officer, board or commission in any matter.
563546 2. The provisions of this subsection shall not apply to the
564547 Corporation Commission, the Council on Law Enforcement Education and
565548 Training, the Consumer Credit Commission, the Board of Managers of
566549 the State Insurance Fund, the Oklahoma Tax Commission, the
567550 Commissioners of the Land Office, the Oklahoma Public Welfare
568551 Commission also known as the Commission for Human Services, the
569552 State Board of Corrections, the Oklahoma Health Care Authority, the
570553 Department of Public Safety, the Oklahoma State Bureau of Narcotics
571554 and Dangerous Drugs Control, the Alcoholic Beverage Laws Enforcement
572555 Commission, the Transportation Commission, the Oklahoma Energy
573556 Resources Board, the Oklahoma Merit Protection Commission, the
574557 Office of Management and Enterprise Services, the Oklahoma Water
575558 Resources Board, the Department of Labor, the Department of
576559 Agriculture, Food, and Forestry, the Northeast Oklahoma Public
577560 Facilities Authority, the Oklahoma Firefighters Pension and
561+Retirement System, the Oklaho ma Public Employees Retirement System,
562+the Uniform Retirement System for Justices and Judges, the Oklahoma
563+Conservation Commission, the Office of Juvenile Affairs, the State
564+Board of Pharmacy and the Oklahoma Department of Veterans Affairs.
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605-Retirement System, the Oklahoma Public Employees Retirement System,
606-the Uniform Retirement System for Justices and Judges, the Oklahoma
607-Conservation Commission, the Office of Juven ile Affairs, the State
608-Board of Pharmacy and the Oklahoma Department of Veterans Affairs.
609591 3. The provisions of paragraph 2 of this subsection shall not
610592 be construed to authorize the Office of Juvenile Affairs to employ
611593 any attorneys that are not specifically authorized by law.
612594 4. All the legal duties of such officer, board or commission
613595 shall devolve upon a nd are hereby vested in the Attorney General;
614596 provided that:
615597 a. the Governor shall have authority to employ special
616598 counsel to protect the rights or interest of the state
617599 as provided in Section 6 of this title, and
618600 b. liquidation agents of banks shall have the authority
619601 to employ local counsel, with the consent of the Bank
620602 Commissioner and the Attorney General and the approval
621603 of the district court.
622604 B. At the request of any state officer, board or commission,
623605 except the Corporation Commission, the Board of Managers of the
624606 CompSource Oklahoma, Oklahoma Tax Commission and the Commissioners
625607 of the Land Office, the Grand River Dam Authority, the Oklahoma
626608 State Bureau of Narcotics and Dangerous Drugs Control, the Alcoholic
627609 Beverage Laws Enforcement Commission, t he Oklahoma Firefighters
628610 Pension and Retirement System, the Oklahoma Public Employees
611+Retirement System, the Uniform Retirement System for Justices and
612+Judges and the Interstate Oil and Gas Compact Commission, the
613+Attorney General shall defend any action i n which they may be sued
614+in their official capacity. At the request of any such state
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656-Retirement System, the Uniform Retirement System for Justices and
657-Judges and the Interstate Oil and Gas Compact Commission, the
658-Attorney General shall defend any action in which they may be sued
659-in their official capacity. At the request of any such state
660641 officer, board or commission, the Attorney General shall have
661642 authority to institute suits in the name of the State of Oklahoma on
662643 their relation, if after investigation the Attorney General is
663644 convinced there is sufficient legal merit to justify the action.
664645 C. Any officer, board or commission which has the authority to
665646 employ or appoint attorneys may request that the Attorney General
666647 defend any action arising pursuant t o the provisions of The
667648 Governmental Tort Claims Act.
668649 D. C. Nothing in this section shall be construed to repeal or
669650 affect the provisions of the statutes of this state pertaining to
670651 attorneys and legal advisors of the several commissions and
671652 departments of state specified in subsection B of this section, and
672653 all acts and parts of acts pertaining thereto shall be and remain in
673654 full force and effect.
674655 SECTION 6. AMENDATORY 74 O.S. 2021, Section 62.3, is
675656 amended to read as follows:
676657 Section 62.3. A. The Director of the Office of Management and
677658 Enterprise Services shall promulgate rules for use by state agencies
678659 and the Office of Management and Enterprise Services to dispose of
679660 surplus property. The rules shall include standards for
661+recordkeeping, methods for removal or disposal of surplus property,
662+and acquisition by state agencies and authorized entities of surplus
663+property, and for Office managem ent of surplus property programs.
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707-recordkeeping, methods for removal or disposal of surplus property,
708-and acquisition by state agencies and authorized entities of surplus
709-property, and for Office management of surplus property programs.
710690 B. A state agency selling, trading, redistributing or otherwise
711691 disposing of surplus property shall comply with the rules
712692 promulgated by the Director.
713693 C. The Office shall make surplus property available to state
714694 agencies and authorized entities, which shall include political
715695 subdivisions, school districts, and nonprofit entities of this
716696 state.
717697 D. The provisions of the Oklahoma Surplus Property Act shall
718698 not apply to institutions of higher education in this state, the
719699 Oklahoma Historical Society, the University Hospitals Authority or
720700 University Hospitals Tru st or the Northeast Oklahoma Public
721701 Facilities Authority. The Grand River Dam Authority shall be exempt
722702 from the provisions of the Oklahoma Surplus Property Act for any
723703 surplus property disposed of prior to November 1, 2006. CompSource
724704 Oklahoma shall be exempt from the provisions of the Oklahoma Surplus
725705 Property Act if CompSource Oklahoma is operating pursuant to a pilot
726706 program authorized by Sections 3316 and 3317 of this title.
727707 E. Notwithstanding the provisions of the Oklahoma Surplus
728708 Property Act, the Oklahoma State Bureau of Investigation may,
729709 pursuant to rules promulgated by the Oklahoma State Bureau of
730710 Investigation Commission for that purpose, donate any surplus
711+property, as defined in Section 62.2 of this title, to any law
712+enforcement agency of an y political subdivision of the State of
713+Oklahoma. The use of such donated equipment shall be limited to
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758-property, as defined in Section 62.2 of this title, to any law
759-enforcement agency of an y political subdivision of the State of
760-Oklahoma. The use of such donated equipment shall be limited to
761740 valid and authorized law enforcement efforts by the receiving
762741 agency.
763742 SECTION 7. AMENDATORY 74 O.S. 2021, Section 63, is
764743 amended to read as follows:
765744 Section 63. A. The Office of Management and Enterprise
766745 Services shall have power to promulgate rules not inconsistent with
767746 the laws of this state.
768747 B. The Office of Management and Enterprise Services shall have
769748 charge of the construction, repair, maintenance, insurance, and
770749 operation of all buildings owned, used, or occupied by or on behalf
771750 of the state including buildings owned by the Oklahoma Capitol
772751 Improvement Authority where such services are carried out by
773752 contract with the Authority, except as otherwise provided by law.
774753 Whenever feasible, the Office of Management and Enterprise Services
775754 may utilize the Construction Division of the Department of
776755 Corrections for the construction and repair of buildings for the
777756 Department of Corrections.
778757 C. The Director of the Office of Management and Enterprise
779758 Services shall have authority to purchase all material and perform
780759 all other duties necessary in the construction, repair, and
781760 maintenance of all buildings under its management or contr ol, shall
761+make all necessary contracts by or on behalf of the state for any
762+buildings or rooms rented for the use of the state or any of the
763+officers thereof, and shall have charge of the arrangement and
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809-make all necessary contracts by or on behalf of the state for any
810-buildings or rooms rented for the use of the state or any of the
811-officers thereof, and shall have charge of the arrangement and
812790 allotment of space in such buildings among the diffe rent state
813791 officers except as otherwise provided by law.
814792 D. The Office of Management and Enterprise Services shall not
815793 have any authority or responsibility for buildin gs, rooms or space
816794 under the management or control of the University Hospitals
817795 Authority.
818796 E. The Office of Management and Enterprise Services shall have
819797 the custody and control of all state property, and all other
820798 property managed or used by the state, except military stores and
821799 such property under the control of the State Banking Department and
822800 the two houses of the State Legislature, shall procure all necessary
823801 insurance thereon against loss and shall allot the use of the
824802 property to the several offices of the state, and prescribe where
825803 the property shall be kept for public use.
826804 F. The Office of Management and Enterprise Services shall keep
827805 an accurate account of all property purchased for the state or any
828806 of the departments or officers thereof, except that purchased for
829807 and by the two houses of the State Legislature. The two houses
830808 shall have the exclusive use, care, and custody of their respective
831809 chambers, committee rooms, furniture, and property, and shall keep
832810 their respective records of said furnit ure and property.
811+G. The Office of Management and Enterprise Services shall not
812+have any authority or responsibility for property purchased for or
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860-G. The Office of Management and Enterprise Services shall not
861-have any authority or responsibility for property purchased for or
862839 under the management or control of the University Hospitals
863840 Authority except as expressly provided by law.
864841 H. The Office of Management and Enterprise Services shall not
865842 have any authority or resp onsibility for property purchased for or
866843 under the management or control of CompSource Oklahoma if CompSource
867844 Oklahoma is operating pursuant to a pilot program authoriz ed by
868845 Sections 3316 and 3317 of this title.
869846 SECTION 8. AMENDATORY 74 O.S. 2021, Section 78a, is
870847 amended to read as follows:
871848 Section 78a. A. State agencies with authority to own motor
872849 vehicles shall submit a requisition to the Director of the Office of
873850 Management and Enterprise Services prior to acquisition of a mot or
874851 vehicle. The requisition shall state the type of vehicle, the
875852 intended purpose of the vehicle, a statement that the agency has
876853 actual need for the vehicle, the supp lier of the vehicle, that the
877854 state agency has sufficient funds to acquire and maintain the
878855 vehicle and cite the statutory authority of the state agency to
879856 acquire a vehicle.
880857 B. The Director of the Office of Management and Enterprise
881858 Services shall review the requisition and approve or deny the
882859 request of the state agency within fifteen (15) days of receipt.
860+C. The provisions of subsections A and B of this section shall
861+not apply to the Department of Public Safety, the Commissioners of
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910-C. The provisions of subsections A and B of this section shall
911-not apply to the Department of Public Safety, the Commissioners of
912888 the Land Office, the Oklahoma State Bureau of Narcotics and
913889 Dangerous Drugs Control or the Oklahoma Militar y Department.
914890 D. The provisions of subsections A and B of this section shall
915891 not apply to CompSource Oklahoma if CompSource Oklahoma is operating
916892 pursuant to a pilot program authorized by Sections 3316 and 3317 of
917893 this title.
918894 SECTION 9. AMENDATORY 74 O.S. 2021, Section 78b, is
919895 amended to read as follows:
920896 Section 78b. A. A state agency shall notify the Fleet
921897 Management Division of the Office o f Management and Enterprise
922898 Services not less than thirty (30) days prior to any vehicle
923899 disposal by the state agency.
924900 B. A state agency shall not dispose of a passenger car, truck,
925901 pickup, or other vehicle the state agency owns until it has been in
926902 use for sixty thousand (60,000) miles or at least twenty -four (24)
927903 months have elapsed since the day the claim was approved for the
928904 payment thereof, unless the vehicle has damage and repairs that will
929905 exceed Two Thousand Five Hundred Dollars ($2,500.00), or the
930906 Director of the Fleet Management Division of the Office of
931907 Management and Enterprise Se rvices provides written authorization
932908 for disposal.
909+C. The provisions of subsections A and B of this section shall
910+not apply to the Commissioners of the Land Office, the Military
911+Department of the State of Oklahoma or CompSource Oklahoma if
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960-C. The provisions of subsections A and B of this section shall
961-not apply to the Commissioners of t he Land Office, the Military
962-Department of the State of Oklahoma or CompSource Oklahoma if
963938 CompSource Oklahoma is operating pursuant to a pilot program
964939 authorized by Sections 3316 and 3317 of this title.
965940 SECTION 10. AMENDATORY 85 A O.S. 2021, Section 17, is
966941 amended to read as follows:
967942 Section 17. A. There is hereby created a Physicia n Advisory
968943 Committee comprised of nine (9) members to be appointed as follows:
969944 1. The Governor shall appoint three members, one of whom shall
970945 be licensed in this state as a doctor of medicine and surgery, one
971946 of whom shall be engaged in the practice of fa mily medicine in a
972947 rural community of the state, and one of whom shall be an
973948 osteopathic physician;
974949 2. The President Pro Tempore of the Senate shall appoint three
975950 members, one of whom shall be licensed in this state as a doctor of
976951 medicine and orthopedic surgery, one of whom shall be licensed in
977952 this state either as a doctor of medicine or a doctor of osteopathy
978953 and a neurosurgeon, and one of whom shall be licensed in this state
979954 as a podiatric physician; and
980955 3. The Speaker of the House of Representatives shall appoint
981956 three members, one of whom shall be licensed in this state as an
982957 osteopathic physician, one of whom shall be licensed in this state
983958 either as a doctor of medicine or a doctor of osteopathy and shall
959+be engaged in the practice of occupational medicine, and one of whom
960+shall be licensed in this state as a chiropractic physician.
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1011-be engaged in the practice of occupational medicine, and one of whom
1012-shall be licensed in this state as a chiropractic physician.
1013987 Any member serving on the effective date of this section shall
1014988 serve the remainder of his or her term. Thereafter, each position
1015989 will be filled by the appointing offici al for a term of three (3)
1016990 years. Members shall be subject to reappointment, with any new
1017991 appointee to serve out the remainder of the unexpired term of the
1018992 Committee member so replaced.
1019993 B. The Committee shall:
1020994 1. Assist and advise the Workers ’ Compensation Commission
1021995 regarding utilization review as it relates to the medical practice
1022996 and treatment of work -related injuries. Such utilization review
1023997 shall include a review of reasonable and necessary medical
1024998 treatment; abusive practices; needless treatments, testing, or
1025999 procedures; or a pattern of billing in excess of or in violation of
10261000 the Schedule of Medical Fees. The Physician Advisory Committee
10271001 shall review and make f indings and recommendations to the Commission
10281002 with respect to charges of inappropriate o r unnecessary treatment or
10291003 procedures, abusive practices, or excessive billing disclosed
10301004 through utilization review;
10311005 2. Assist the Commission in reviewing medical practices of
10321006 health care providers, including evaluations of permanent disability
10331007 provided by health care providers. The Committee shall review and
10341008 make findings and recommendations to the Commission with respect to
1009+charges of abusive practices by health care providers providing
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1062-charges of abusive practic es by health care providers providing
10631036 medical services or evaluations of permanent partial disability
10641037 through the workers’ compensation system;
10651038 3. After public hearing, review and make recommendations for
10661039 acceptable deviations from the American Medical Association ’s
10671040 “Guides to the Evaluation of Permanent Impairment ”;
10681041 4. After public hearing, adopt Physician Advisory Committee
10691042 Guidelines (PACG) and protocols for only medical treatment not
10701043 addressed by the latest edition of the Official Disability
10711044 Guidelines;
10721045 5. After public hearing, adopt Physician Advisory Committee
10731046 Guidelines for the prescription and dispe nsing of any controlled
10741047 substance included in Schedule II of the Uniform Controlled
10751048 Dangerous Substances Act if not addressed by the current edition of
10761049 the Official Disability Guidelines;
10771050 6. Review utilization on cases or of providers when requested
10781051 by any employer, injured employee or insurer. The Committee may
10791052 issue a public or private censure to any provider for utilization
10801053 which is excessive or inadequate, or recom mend the Commission order
10811054 treatment within the treatment guidelines;
10821055 7. Provide general recommendations to the Commission on the
10831056 issues of injury causation and apportionment;
10841057 8. Conduct educational seminars for the Commission, employers,
10851058 employees, and other interested parties;
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11131085 9. Assist the Commission in accessing medical information from
11141086 scientific literature; and
11151087 10. Report its progress annually to the Governor, the President
11161088 Pro Tempore of the Senate, and the Speaker of the House of
11171089 Representatives.
11181090 C. The Commission shall recognize the latest edition of the
11191091 Official Disability Guidel ines as the primary standard of reference,
11201092 at the time of treatment, in determining the frequency and extent of
11211093 services presumed to be medically necessary and appropriate for
11221094 compensable injuries under this act, or in resolving such matters in
11231095 the event a dispute arises.
11241096 D. Members of the Physician Advisory Committee shall receive no
11251097 compensation for serving on the Committee but shall be reimbursed by
11261098 the Commission for their necessary travel expenses incurred in the
11271099 performance of their duties in accorda nce with the State Travel
11281100 Reimbursement Act.
11291101 E. Meetings of the Physician Advisory Committee shall be called
11301102 by the Commission but held at least quarterly. The presence of a
11311103 majority of the members shall constitute a quorum. No action shall
11321104 be taken by the Physician Advisory Committee without the affirmative
11331105 vote of at least a majority of the members.
11341106 F. The Commission shall provide office supplies and personnel
11351107 of the Commission to assist the Committee in the performance of its
11361108 duties.
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11641135 G. Upon written request, the Insurance Commissioner, CompSource
11651136 Oklahoma Mutual Insurance Company , and every approved self -insured
11661137 employer in Oklahoma shall provide the Committee with data necessary
11671138 to the performance of its duties.
11681139 H. Any health care provider acting i n good faith and within the
11691140 scope of the provider ’s duties as a member of the Physician Advisory
11701141 Committee shall be immune from civil liability for making any report
11711142 or other information available to the judges of the Commission or to
11721143 the Commission or for assisting in the origination, investigation,
11731144 or preparation of the report or other information so provided.
11741145 SECTION 11. REPEALER 36 O.S. 2021, Section 902.3, is
11751146 hereby repealed.
11761147 SECTION 12. REPEALER 74 O.S. 2021, Sections 3316 and
11771148 3317, are hereby repealed.
11781149 SECTION 13. This act shall become effective November 1, 2025.
11791150
1180-COMMITTEE REPORT BY: OVERSIGHT COMMITTEE ON JUDICIARY AND PUBLIC
1181-SAFETY, dated - 04/17/2025 – DO PASS.
1151+ENGR. S. B. NO. 494 Page 24 1
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1176+Passed the Senate the 12th day of March, 2025.
1177+
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1180+ Presiding Officer of the Senate
1181+
1182+
1183+Passed the House of Representatives the ___ _ day of __________,
1184+2025.
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1188+ Presiding Officer of the House
1189+ of Representatives
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