34 | 27 | | |
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35 | 28 | | ENGROSSED SENATE |
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36 | 29 | | BILL NO. 494 By: Daniels of the Senate |
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37 | 30 | | |
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38 | 31 | | and |
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39 | 32 | | |
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40 | 33 | | Pae of the House |
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41 | 34 | | |
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42 | 35 | | |
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43 | 36 | | |
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44 | 37 | | |
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45 | 38 | | An Act relating to state government; amending 62 O.S. |
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46 | 39 | | 2021, Sections 34.21, 34.36, 34.42, as amended by |
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47 | 40 | | Section 1, Chapter 113, O.S.L. 2024, and 45.2 (62 |
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48 | 41 | | O.S. Supp. 2024, Section 34.42), which relate to the |
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49 | 42 | | authorization for use of state funds, estimate of |
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50 | 43 | | funds needed, budget work programs, and definitions; |
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51 | 44 | | removing certain language relating to CompSource |
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52 | 45 | | Oklahoma; amending 74 O.S. 2021, Section s 18c, 62.3, |
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53 | 46 | | 63, 78a, and 78b, which relate to employment of |
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54 | 47 | | attorneys and authority of boards or officials, |
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55 | 48 | | duties of director and agency compliance, general |
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56 | 49 | | powers and authority of Office of Management and |
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57 | 50 | | Enterprise Services, requisition of motor vehicles, |
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58 | 51 | | and state agencies an d notice of disposal of |
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59 | 52 | | vehicles; removing certain language relating to |
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60 | 53 | | CompSource Oklahoma; amending 85A O.S. 2021, Section |
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61 | 54 | | 17, which relates to physician advisory committee; |
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62 | 55 | | removing certain references to CompSource Oklahoma; |
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63 | 56 | | repealing 36 O.S. 2021, Sect ion 902.3, which relates |
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64 | 57 | | to workers’ compensation; repealing 74 O.S. 2021, |
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65 | 58 | | Sections 3316 and 3317, which relate to CompSource |
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66 | 59 | | Oklahoma; and providing an effective date . |
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67 | 60 | | |
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68 | 61 | | |
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69 | 62 | | |
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70 | 63 | | |
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71 | 64 | | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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72 | 65 | | SECTION 1. AMENDATORY 62 O.S. 2021, Section 34.21, is |
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73 | 66 | | amended to read as follows: |
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104 | 96 | | telecommunication system including voice, data, radio, video, |
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105 | 97 | | Internet, eGovernment, as referenced in Sections 34.24 and 34.25 of |
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106 | 98 | | this title, printers, sc anners, copiers, facsimile systems and |
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107 | 99 | | associated supplies, service costs, maintenance c osts, or any other |
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108 | 100 | | costs or fees associated with the acquisition of the system or |
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109 | 101 | | equipment, without written authorization of the Chief Information |
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110 | 102 | | Officer or a designee. The Chief Information Officer or a designee |
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111 | 103 | | shall verify that any acquisition, devel opment or enhancement is |
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112 | 104 | | compatible with the operation of the Oklahoma Government |
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113 | 105 | | Telecommunications Network. |
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114 | 106 | | B. No agency of the executive branch of the state shall e nter |
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115 | 107 | | into any agreement for the acquisition, development or enhancement |
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116 | 108 | | of a communication or telecommunication system or service including |
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117 | 109 | | voice, data, radio, video, Internet, eGovernment, printers, |
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118 | 110 | | scanners, copiers, and facsimile systems, unless the cost of such |
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119 | 111 | | addition, change, improvement or development has been included in |
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120 | 112 | | the statewide communications plan of the Information Services |
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121 | 113 | | Division of the Office of Management and Enterprise Services, as |
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122 | 114 | | said plan may have been amended or revised. |
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123 | 115 | | C. State agencies may enter into interagency contracts to share |
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124 | 116 | | communications and telecommunica tions resources for mutually |
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155 | 146 | | video, Internet, eGovernment, or facsi mile systems. The contract |
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156 | 147 | | shall be approved by the Information Services Division before any |
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157 | 148 | | payments are made. |
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158 | 149 | | D. The provisions of subsections A, B and C of this se ction |
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159 | 150 | | shall not apply to the telecommunications network known as OneNet |
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160 | 151 | | whether said network is governed or operated by the Oklahoma State |
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161 | 152 | | Regents for Higher Education or any other state entity assigned |
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162 | 153 | | responsibility for OneNet. |
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163 | 154 | | E. The provisions of this section shall not apply to CompSource |
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164 | 155 | | Oklahoma. |
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165 | 156 | | F. No state agency shall use state fun ds or enter into any |
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166 | 157 | | agreement for the acquisition, development or enhancement of a |
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167 | 158 | | public safety communication system unless the request is consistent |
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168 | 159 | | with the Statewide Communications Interoperability Plan and the |
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169 | 160 | | public safety communications standards i ssued by the Oklahoma Office |
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170 | 161 | | of Homeland Security. Agencies interested in acquiring, developing |
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171 | 162 | | or enhancing a public safety communications system shall submit a |
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172 | 163 | | proposal to the Oklahoma Office of Homeland Security. The Oklahoma |
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173 | 164 | | Office of Homeland Securi ty shall issue a proposal review which |
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174 | 165 | | summarizes whether the proposal is consistent with the Statewide |
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175 | 166 | | Communications Interoperability Plan and the technology standard s |
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205 | 195 | | SECTION 2. AMENDATORY 62 O.S. 2021, Section 34.36, is |
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206 | 196 | | amended to read as follows: |
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207 | 197 | | Section 34.36. A. On the first day of October preceding each |
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208 | 198 | | regular session of the Legislature, each state agency, inclu ding |
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209 | 199 | | those created or established pursuant to constitutional provisions, |
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210 | 200 | | shall report to the Director of the Office of Management and |
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211 | 201 | | Enterprise Services and the Chair and Vice Chair of the Legislative |
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212 | 202 | | Oversight Committee on State Budget Performance an ite mized request |
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213 | 203 | | showing the amount needed for the ensuing fiscal year beginning with |
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214 | 204 | | the first day of July. |
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215 | 205 | | B. The forms which must be used in making these reports shall |
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216 | 206 | | be approved by the Director of the Office of Management and |
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217 | 207 | | Enterprise Services and the Legislative Oversight Committee on State |
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218 | 208 | | Budget Performance. |
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219 | 209 | | C. The forms shall be uniform, and shall clearly designate the |
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220 | 210 | | information to be given. |
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221 | 211 | | D. The information provided shall include, but not be limited |
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222 | 212 | | to: |
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223 | 213 | | 1. A budget analysis of existing and proposed programs |
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224 | 214 | | utilizing performance -informed budgeting techniques. Such analysis |
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225 | 215 | | shall be included as a part of the estimate of funds needed; |
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256 | 245 | | 3. A statement of the statutory authority for the missions and |
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257 | 246 | | quantified objectives of each program; |
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258 | 247 | | 4. A description of the groups of people served by each program |
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259 | 248 | | in the agency; |
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260 | 249 | | 5. A quantification of the need for the program; |
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261 | 250 | | 6. A description of the tactics which are intended to |
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262 | 251 | | accomplish each objective; |
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263 | 252 | | 7. A list of quantifiable program outcomes which measure the |
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264 | 253 | | efficiency and effectiveness of each program; |
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265 | 254 | | 8. A ranking of these pro grams by priority; |
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266 | 255 | | 9. Actual program expenditures for the current fiscal year and |
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267 | 256 | | prior fiscal years and the number of personnel required to |
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268 | 257 | | accomplish each program; |
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269 | 258 | | 10. Revenues expected to be generated by each program, if any; |
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270 | 259 | | 11. With respect to appr opriated state agencies, a detailed |
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271 | 260 | | listing of all employees and resources dedicated to the provision of |
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272 | 261 | | financial services including but not limited to procurement, |
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273 | 262 | | payroll, accounts receivable and accounts payable. The provisions |
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274 | 263 | | of this paragraph shall not be applicable to the Oklahoma State |
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275 | 264 | | Regents for Higher Education or to any institutions within The |
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276 | 265 | | Oklahoma State System of Higher Education; and |
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307 | 295 | | rental of any computers, software, telecom, information technology |
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308 | 296 | | hardware, firmware or information technology services, including |
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309 | 297 | | support services without the prior w ritten approval of the State |
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310 | 298 | | Comptroller or his or her designee. |
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311 | 299 | | E. These appropriated agencies shall make an itemized estimate |
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312 | 300 | | of needs for the ensuing fiscal year an d the following two (2) |
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313 | 301 | | fiscal years and request for funds for the ensuing fiscal year a nd |
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314 | 302 | | an estimate of the revenues from all sources to be received by the |
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315 | 303 | | agency during the ensuing fiscal year and the following two (2) |
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316 | 304 | | fiscal years. |
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317 | 305 | | F. The Director of the Office of Management and Enterprise |
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318 | 306 | | Services shall submit to the Governor and the Le gislative Oversight |
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319 | 307 | | Committee on State Budget Performance no later than the fifth day of |
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320 | 308 | | October a complete list of all spending agencies which have failed |
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321 | 309 | | to submit budgets by October 1. |
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322 | 310 | | G. The reports required by this section shall include an |
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323 | 311 | | itemized listing of outstanding capital lease debt and estimated |
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324 | 312 | | capital lease needs for the ensuing fiscal year and the following |
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325 | 313 | | two (2) fiscal years, and shall be provided on forms prescribed by |
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326 | 314 | | the Director of the Office of Management and Enterprise Services. |
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358 | 345 | | agreement that provides an option for the State of Oklahoma or its |
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359 | 346 | | agencies to lease such property, which is the subject thereof, at a |
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360 | 347 | | nominal annual amount, after a period in which leased property is |
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361 | 348 | | rented at fair market value. |
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362 | 349 | | I. The provisions of this section shall not apply to CompSource |
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363 | 350 | | Oklahoma if CompSource Oklahoma is operating pursuant to a pilot |
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364 | 351 | | program authorized by Sections 3316 and 3317 of Title 74 of the |
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365 | 352 | | Oklahoma Statutes. |
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366 | 353 | | J. Not later than January 1, the Director of the Office of |
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367 | 354 | | Management and Enterprise Services shall publish a shared services |
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368 | 355 | | cost-performance assessment report documenting the amount of each |
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369 | 356 | | state agency’s cost for providing shared services. The lowest |
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370 | 357 | | ranking state agencies shall enter into a contract with the Office |
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371 | 358 | | of Management and Enterprise Services for the provision of shared |
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372 | 359 | | financial services, provided that the Director of the Office of |
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373 | 360 | | Management and Enterprise Services deter mines that implementation of |
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374 | 361 | | such a contract would be feasible and documents that the co ntractual |
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375 | 362 | | agreement will result in cost savings or efficiencies to the state. |
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376 | 363 | | Contracts required by this subsection shall be entered into at the |
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377 | 364 | | start of the next fiscal year. When a state agency is contracted |
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409 | 395 | | approved by the Director of the O ffice of Management and Enterprise |
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410 | 396 | | Services. As used in this subsection, “shared services” means |
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411 | 397 | | process, resource utilization or action as defined by administrative |
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412 | 398 | | rule. On a yearly basis the Director of the Office of Management |
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413 | 399 | | and Enterprise Services shall compile and publish a report |
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414 | 400 | | documenting the cost savings resulting from shared services |
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415 | 401 | | contracts. The provisions of this subsection shall not be |
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416 | 402 | | applicable to the Oklahoma State Regents for Higher Education or to |
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417 | 403 | | any institutions within The Oklah oma State System of Higher |
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418 | 404 | | Education. |
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419 | 405 | | SECTION 3. AMENDATORY 62 O.S. 2021, Section 34.42, as |
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420 | 406 | | amended by Section 1, Chapter 113, O.S.L. 2024 (62 O.S. Supp. 2024, |
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421 | 407 | | Section 34.42), is amended to read as follows: |
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422 | 408 | | Section 34.42. A. On or before the first day of June in each |
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423 | 409 | | year, or as soon thereafter as possible, all agencies shall file |
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424 | 410 | | agency budgets with the Director of the Office of Management an d |
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425 | 411 | | Enterprise Services. Copies of all agency budgets shall also be |
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426 | 412 | | made available electr onically to the staff of the Joint Legislative |
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427 | 413 | | Committee on Budget and Program Oversight. |
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458 | 443 | | C. 1. The agency budget shall include a description of all |
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459 | 444 | | funds available to the agency for expenditure and set out allotments |
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460 | 445 | | requested by the agency by q uarter and the entire fiscal year. |
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461 | 446 | | 2. The agency budget shall be accompanied by an orga nizational |
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462 | 447 | | chart of the agency, a statement of agency mission and program |
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463 | 448 | | objectives. |
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464 | 449 | | 3. The agency budget shall delineate agency spending by such |
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465 | 450 | | categories and with at least as much detail as is specified in the |
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466 | 451 | | legislative appropriation and as prescrib ed by the Director of the |
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467 | 452 | | Office of Management and Enterprise Services. |
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468 | 453 | | 4. Agency budgets shall be signed by the executive officer of |
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469 | 454 | | each agency. |
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470 | 455 | | 5. The executive of ficer shall certify that the agency is in |
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471 | 456 | | complete compliance with the requirements of S ection 34.11.3 of this |
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472 | 457 | | title and Section 3-114 of Title 65 of the Oklahoma Statutes. |
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473 | 458 | | D. A “request officer” shall be designated by each state agency |
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474 | 459 | | for the purpose of making program and allotment requests. |
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475 | 460 | | E. Executive officers of agencies shall coopera te with the |
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476 | 461 | | Office of Management and Enterprise Services staff and Joint |
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477 | 462 | | Committee staff in developing program budgeting categories. |
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509 | 493 | | has received approval of such request for funds from the Director of |
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510 | 494 | | the Office of Management and Enterprise S ervices. |
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511 | 495 | | G. The provisions of this section shall not apply to CompSource |
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512 | 496 | | Oklahoma if CompSource Oklahoma is operating pursuant to a pilot |
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513 | 497 | | program authorized by Section s 3316 and 3317 of Title 74 of the |
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514 | 498 | | Oklahoma Statutes. |
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515 | 499 | | SECTION 4. AMENDATORY 62 O.S. 2021, Section 45.2, is |
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516 | 500 | | amended to read as follows: |
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517 | 501 | | Section 45.2. In this act, “state agency” means a department, |
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518 | 502 | | board, commission, or other entity of state government within the |
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519 | 503 | | Executive Department of the State of Oklahoma, includi ng |
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520 | 504 | | institutions of higher education, that: |
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521 | 505 | | 1. Was created by the Constitution or a state statute with an |
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522 | 506 | | ongoing mission and responsibilities; |
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523 | 507 | | 2. Is not the Office of the Governor or Lieutenant Governor; |
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524 | 508 | | and |
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525 | 509 | | 3. Is not a committee created under state law whose primary |
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526 | 510 | | function is to advise an agency ; and |
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559 | 542 | | Section 18c. A. 1. Except as otherwise provided by this |
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560 | 543 | | subsection, no state officer, board or commission sh all have |
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561 | 544 | | authority to employ or appoint attorneys to advise or represent said |
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562 | 545 | | officer, board or commission in any matter. |
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563 | 546 | | 2. The provisions of this subsection shall not apply to the |
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564 | 547 | | Corporation Commission, the Council on Law Enforcement Education and |
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565 | 548 | | Training, the Consumer Credit Commission, the Board of Managers of |
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566 | 549 | | the State Insurance Fund, the Oklahoma Tax Commission, the |
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567 | 550 | | Commissioners of the Land Office, the Oklahoma Public Welfare |
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568 | 551 | | Commission also known as the Commission for Human Services, the |
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569 | 552 | | State Board of Corrections, the Oklahoma Health Care Authority, the |
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570 | 553 | | Department of Public Safety, the Oklahoma State Bureau of Narcotics |
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571 | 554 | | and Dangerous Drugs Control, the Alcoholic Beverage Laws Enforcement |
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572 | 555 | | Commission, the Transportation Commission, the Oklahoma Energy |
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573 | 556 | | Resources Board, the Oklahoma Merit Protection Commission, the |
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574 | 557 | | Office of Management and Enterprise Services, the Oklahoma Water |
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575 | 558 | | Resources Board, the Department of Labor, the Department of |
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576 | 559 | | Agriculture, Food, and Forestry, the Northeast Oklahoma Public |
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577 | 560 | | Facilities Authority, the Oklahoma Firefighters Pension and |
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609 | 591 | | 3. The provisions of paragraph 2 of this subsection shall not |
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610 | 592 | | be construed to authorize the Office of Juvenile Affairs to employ |
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611 | 593 | | any attorneys that are not specifically authorized by law. |
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612 | 594 | | 4. All the legal duties of such officer, board or commission |
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613 | 595 | | shall devolve upon a nd are hereby vested in the Attorney General; |
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614 | 596 | | provided that: |
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615 | 597 | | a. the Governor shall have authority to employ special |
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616 | 598 | | counsel to protect the rights or interest of the state |
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617 | 599 | | as provided in Section 6 of this title, and |
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618 | 600 | | b. liquidation agents of banks shall have the authority |
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619 | 601 | | to employ local counsel, with the consent of the Bank |
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620 | 602 | | Commissioner and the Attorney General and the approval |
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621 | 603 | | of the district court. |
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622 | 604 | | B. At the request of any state officer, board or commission, |
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623 | 605 | | except the Corporation Commission, the Board of Managers of the |
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624 | 606 | | CompSource Oklahoma, Oklahoma Tax Commission and the Commissioners |
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625 | 607 | | of the Land Office, the Grand River Dam Authority, the Oklahoma |
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626 | 608 | | State Bureau of Narcotics and Dangerous Drugs Control, the Alcoholic |
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627 | 609 | | Beverage Laws Enforcement Commission, t he Oklahoma Firefighters |
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628 | 610 | | Pension and Retirement System, the Oklahoma Public Employees |
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660 | 641 | | officer, board or commission, the Attorney General shall have |
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661 | 642 | | authority to institute suits in the name of the State of Oklahoma on |
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662 | 643 | | their relation, if after investigation the Attorney General is |
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663 | 644 | | convinced there is sufficient legal merit to justify the action. |
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664 | 645 | | C. Any officer, board or commission which has the authority to |
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665 | 646 | | employ or appoint attorneys may request that the Attorney General |
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666 | 647 | | defend any action arising pursuant t o the provisions of The |
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667 | 648 | | Governmental Tort Claims Act. |
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668 | 649 | | D. C. Nothing in this section shall be construed to repeal or |
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669 | 650 | | affect the provisions of the statutes of this state pertaining to |
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670 | 651 | | attorneys and legal advisors of the several commissions and |
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671 | 652 | | departments of state specified in subsection B of this section, and |
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672 | 653 | | all acts and parts of acts pertaining thereto shall be and remain in |
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673 | 654 | | full force and effect. |
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674 | 655 | | SECTION 6. AMENDATORY 74 O.S. 2021, Section 62.3, is |
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675 | 656 | | amended to read as follows: |
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676 | 657 | | Section 62.3. A. The Director of the Office of Management and |
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677 | 658 | | Enterprise Services shall promulgate rules for use by state agencies |
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678 | 659 | | and the Office of Management and Enterprise Services to dispose of |
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679 | 660 | | surplus property. The rules shall include standards for |
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710 | 690 | | B. A state agency selling, trading, redistributing or otherwise |
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711 | 691 | | disposing of surplus property shall comply with the rules |
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712 | 692 | | promulgated by the Director. |
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713 | 693 | | C. The Office shall make surplus property available to state |
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714 | 694 | | agencies and authorized entities, which shall include political |
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715 | 695 | | subdivisions, school districts, and nonprofit entities of this |
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716 | 696 | | state. |
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717 | 697 | | D. The provisions of the Oklahoma Surplus Property Act shall |
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718 | 698 | | not apply to institutions of higher education in this state, the |
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719 | 699 | | Oklahoma Historical Society, the University Hospitals Authority or |
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720 | 700 | | University Hospitals Tru st or the Northeast Oklahoma Public |
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721 | 701 | | Facilities Authority. The Grand River Dam Authority shall be exempt |
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722 | 702 | | from the provisions of the Oklahoma Surplus Property Act for any |
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723 | 703 | | surplus property disposed of prior to November 1, 2006. CompSource |
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724 | 704 | | Oklahoma shall be exempt from the provisions of the Oklahoma Surplus |
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725 | 705 | | Property Act if CompSource Oklahoma is operating pursuant to a pilot |
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726 | 706 | | program authorized by Sections 3316 and 3317 of this title. |
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727 | 707 | | E. Notwithstanding the provisions of the Oklahoma Surplus |
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728 | 708 | | Property Act, the Oklahoma State Bureau of Investigation may, |
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729 | 709 | | pursuant to rules promulgated by the Oklahoma State Bureau of |
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730 | 710 | | Investigation Commission for that purpose, donate any surplus |
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761 | 740 | | valid and authorized law enforcement efforts by the receiving |
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762 | 741 | | agency. |
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763 | 742 | | SECTION 7. AMENDATORY 74 O.S. 2021, Section 63, is |
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764 | 743 | | amended to read as follows: |
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765 | 744 | | Section 63. A. The Office of Management and Enterprise |
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766 | 745 | | Services shall have power to promulgate rules not inconsistent with |
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767 | 746 | | the laws of this state. |
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768 | 747 | | B. The Office of Management and Enterprise Services shall have |
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769 | 748 | | charge of the construction, repair, maintenance, insurance, and |
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770 | 749 | | operation of all buildings owned, used, or occupied by or on behalf |
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771 | 750 | | of the state including buildings owned by the Oklahoma Capitol |
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772 | 751 | | Improvement Authority where such services are carried out by |
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773 | 752 | | contract with the Authority, except as otherwise provided by law. |
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774 | 753 | | Whenever feasible, the Office of Management and Enterprise Services |
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775 | 754 | | may utilize the Construction Division of the Department of |
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776 | 755 | | Corrections for the construction and repair of buildings for the |
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777 | 756 | | Department of Corrections. |
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778 | 757 | | C. The Director of the Office of Management and Enterprise |
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779 | 758 | | Services shall have authority to purchase all material and perform |
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780 | 759 | | all other duties necessary in the construction, repair, and |
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781 | 760 | | maintenance of all buildings under its management or contr ol, shall |
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812 | 790 | | allotment of space in such buildings among the diffe rent state |
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813 | 791 | | officers except as otherwise provided by law. |
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814 | 792 | | D. The Office of Management and Enterprise Services shall not |
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815 | 793 | | have any authority or responsibility for buildin gs, rooms or space |
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816 | 794 | | under the management or control of the University Hospitals |
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817 | 795 | | Authority. |
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818 | 796 | | E. The Office of Management and Enterprise Services shall have |
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819 | 797 | | the custody and control of all state property, and all other |
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820 | 798 | | property managed or used by the state, except military stores and |
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821 | 799 | | such property under the control of the State Banking Department and |
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822 | 800 | | the two houses of the State Legislature, shall procure all necessary |
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823 | 801 | | insurance thereon against loss and shall allot the use of the |
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824 | 802 | | property to the several offices of the state, and prescribe where |
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825 | 803 | | the property shall be kept for public use. |
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826 | 804 | | F. The Office of Management and Enterprise Services shall keep |
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827 | 805 | | an accurate account of all property purchased for the state or any |
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828 | 806 | | of the departments or officers thereof, except that purchased for |
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829 | 807 | | and by the two houses of the State Legislature. The two houses |
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830 | 808 | | shall have the exclusive use, care, and custody of their respective |
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831 | 809 | | chambers, committee rooms, furniture, and property, and shall keep |
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832 | 810 | | their respective records of said furnit ure and property. |
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862 | 839 | | under the management or control of the University Hospitals |
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863 | 840 | | Authority except as expressly provided by law. |
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864 | 841 | | H. The Office of Management and Enterprise Services shall not |
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865 | 842 | | have any authority or resp onsibility for property purchased for or |
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866 | 843 | | under the management or control of CompSource Oklahoma if CompSource |
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867 | 844 | | Oklahoma is operating pursuant to a pilot program authoriz ed by |
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868 | 845 | | Sections 3316 and 3317 of this title. |
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869 | 846 | | SECTION 8. AMENDATORY 74 O.S. 2021, Section 78a, is |
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870 | 847 | | amended to read as follows: |
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871 | 848 | | Section 78a. A. State agencies with authority to own motor |
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872 | 849 | | vehicles shall submit a requisition to the Director of the Office of |
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873 | 850 | | Management and Enterprise Services prior to acquisition of a mot or |
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874 | 851 | | vehicle. The requisition shall state the type of vehicle, the |
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875 | 852 | | intended purpose of the vehicle, a statement that the agency has |
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876 | 853 | | actual need for the vehicle, the supp lier of the vehicle, that the |
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877 | 854 | | state agency has sufficient funds to acquire and maintain the |
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878 | 855 | | vehicle and cite the statutory authority of the state agency to |
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879 | 856 | | acquire a vehicle. |
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880 | 857 | | B. The Director of the Office of Management and Enterprise |
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881 | 858 | | Services shall review the requisition and approve or deny the |
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882 | 859 | | request of the state agency within fifteen (15) days of receipt. |
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912 | 888 | | the Land Office, the Oklahoma State Bureau of Narcotics and |
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913 | 889 | | Dangerous Drugs Control or the Oklahoma Militar y Department. |
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914 | 890 | | D. The provisions of subsections A and B of this section shall |
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915 | 891 | | not apply to CompSource Oklahoma if CompSource Oklahoma is operating |
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916 | 892 | | pursuant to a pilot program authorized by Sections 3316 and 3317 of |
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917 | 893 | | this title. |
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918 | 894 | | SECTION 9. AMENDATORY 74 O.S. 2021, Section 78b, is |
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919 | 895 | | amended to read as follows: |
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920 | 896 | | Section 78b. A. A state agency shall notify the Fleet |
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921 | 897 | | Management Division of the Office o f Management and Enterprise |
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922 | 898 | | Services not less than thirty (30) days prior to any vehicle |
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923 | 899 | | disposal by the state agency. |
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924 | 900 | | B. A state agency shall not dispose of a passenger car, truck, |
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925 | 901 | | pickup, or other vehicle the state agency owns until it has been in |
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926 | 902 | | use for sixty thousand (60,000) miles or at least twenty -four (24) |
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927 | 903 | | months have elapsed since the day the claim was approved for the |
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928 | 904 | | payment thereof, unless the vehicle has damage and repairs that will |
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929 | 905 | | exceed Two Thousand Five Hundred Dollars ($2,500.00), or the |
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930 | 906 | | Director of the Fleet Management Division of the Office of |
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931 | 907 | | Management and Enterprise Se rvices provides written authorization |
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932 | 908 | | for disposal. |
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963 | 938 | | CompSource Oklahoma is operating pursuant to a pilot program |
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964 | 939 | | authorized by Sections 3316 and 3317 of this title. |
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965 | 940 | | SECTION 10. AMENDATORY 85 A O.S. 2021, Section 17, is |
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966 | 941 | | amended to read as follows: |
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967 | 942 | | Section 17. A. There is hereby created a Physicia n Advisory |
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968 | 943 | | Committee comprised of nine (9) members to be appointed as follows: |
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969 | 944 | | 1. The Governor shall appoint three members, one of whom shall |
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970 | 945 | | be licensed in this state as a doctor of medicine and surgery, one |
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971 | 946 | | of whom shall be engaged in the practice of fa mily medicine in a |
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972 | 947 | | rural community of the state, and one of whom shall be an |
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973 | 948 | | osteopathic physician; |
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974 | 949 | | 2. The President Pro Tempore of the Senate shall appoint three |
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975 | 950 | | members, one of whom shall be licensed in this state as a doctor of |
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976 | 951 | | medicine and orthopedic surgery, one of whom shall be licensed in |
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977 | 952 | | this state either as a doctor of medicine or a doctor of osteopathy |
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978 | 953 | | and a neurosurgeon, and one of whom shall be licensed in this state |
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979 | 954 | | as a podiatric physician; and |
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980 | 955 | | 3. The Speaker of the House of Representatives shall appoint |
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981 | 956 | | three members, one of whom shall be licensed in this state as an |
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982 | 957 | | osteopathic physician, one of whom shall be licensed in this state |
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983 | 958 | | either as a doctor of medicine or a doctor of osteopathy and shall |
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1013 | 987 | | Any member serving on the effective date of this section shall |
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1014 | 988 | | serve the remainder of his or her term. Thereafter, each position |
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1015 | 989 | | will be filled by the appointing offici al for a term of three (3) |
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1016 | 990 | | years. Members shall be subject to reappointment, with any new |
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1017 | 991 | | appointee to serve out the remainder of the unexpired term of the |
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1018 | 992 | | Committee member so replaced. |
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1019 | 993 | | B. The Committee shall: |
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1020 | 994 | | 1. Assist and advise the Workers ’ Compensation Commission |
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1021 | 995 | | regarding utilization review as it relates to the medical practice |
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1022 | 996 | | and treatment of work -related injuries. Such utilization review |
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1023 | 997 | | shall include a review of reasonable and necessary medical |
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1024 | 998 | | treatment; abusive practices; needless treatments, testing, or |
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1025 | 999 | | procedures; or a pattern of billing in excess of or in violation of |
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1026 | 1000 | | the Schedule of Medical Fees. The Physician Advisory Committee |
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1027 | 1001 | | shall review and make f indings and recommendations to the Commission |
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1028 | 1002 | | with respect to charges of inappropriate o r unnecessary treatment or |
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1029 | 1003 | | procedures, abusive practices, or excessive billing disclosed |
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1030 | 1004 | | through utilization review; |
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1031 | 1005 | | 2. Assist the Commission in reviewing medical practices of |
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1032 | 1006 | | health care providers, including evaluations of permanent disability |
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1033 | 1007 | | provided by health care providers. The Committee shall review and |
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1034 | 1008 | | make findings and recommendations to the Commission with respect to |
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1063 | 1036 | | medical services or evaluations of permanent partial disability |
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1064 | 1037 | | through the workers’ compensation system; |
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1065 | 1038 | | 3. After public hearing, review and make recommendations for |
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1066 | 1039 | | acceptable deviations from the American Medical Association ’s |
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1067 | 1040 | | “Guides to the Evaluation of Permanent Impairment ”; |
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1068 | 1041 | | 4. After public hearing, adopt Physician Advisory Committee |
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1069 | 1042 | | Guidelines (PACG) and protocols for only medical treatment not |
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1070 | 1043 | | addressed by the latest edition of the Official Disability |
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1071 | 1044 | | Guidelines; |
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1072 | 1045 | | 5. After public hearing, adopt Physician Advisory Committee |
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1073 | 1046 | | Guidelines for the prescription and dispe nsing of any controlled |
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1074 | 1047 | | substance included in Schedule II of the Uniform Controlled |
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1075 | 1048 | | Dangerous Substances Act if not addressed by the current edition of |
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1076 | 1049 | | the Official Disability Guidelines; |
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1077 | 1050 | | 6. Review utilization on cases or of providers when requested |
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1078 | 1051 | | by any employer, injured employee or insurer. The Committee may |
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1079 | 1052 | | issue a public or private censure to any provider for utilization |
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1080 | 1053 | | which is excessive or inadequate, or recom mend the Commission order |
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1081 | 1054 | | treatment within the treatment guidelines; |
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1082 | 1055 | | 7. Provide general recommendations to the Commission on the |
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1083 | 1056 | | issues of injury causation and apportionment; |
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1084 | 1057 | | 8. Conduct educational seminars for the Commission, employers, |
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1085 | 1058 | | employees, and other interested parties; |
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1086 | 1059 | | |
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1090 | 1062 | | 3 |
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1112 | 1084 | | |
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1113 | 1085 | | 9. Assist the Commission in accessing medical information from |
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1114 | 1086 | | scientific literature; and |
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1115 | 1087 | | 10. Report its progress annually to the Governor, the President |
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1116 | 1088 | | Pro Tempore of the Senate, and the Speaker of the House of |
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1117 | 1089 | | Representatives. |
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1118 | 1090 | | C. The Commission shall recognize the latest edition of the |
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1119 | 1091 | | Official Disability Guidel ines as the primary standard of reference, |
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1120 | 1092 | | at the time of treatment, in determining the frequency and extent of |
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1121 | 1093 | | services presumed to be medically necessary and appropriate for |
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1122 | 1094 | | compensable injuries under this act, or in resolving such matters in |
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1123 | 1095 | | the event a dispute arises. |
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1124 | 1096 | | D. Members of the Physician Advisory Committee shall receive no |
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1125 | 1097 | | compensation for serving on the Committee but shall be reimbursed by |
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1126 | 1098 | | the Commission for their necessary travel expenses incurred in the |
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1127 | 1099 | | performance of their duties in accorda nce with the State Travel |
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1128 | 1100 | | Reimbursement Act. |
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1129 | 1101 | | E. Meetings of the Physician Advisory Committee shall be called |
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1130 | 1102 | | by the Commission but held at least quarterly. The presence of a |
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1131 | 1103 | | majority of the members shall constitute a quorum. No action shall |
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1132 | 1104 | | be taken by the Physician Advisory Committee without the affirmative |
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1133 | 1105 | | vote of at least a majority of the members. |
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1134 | 1106 | | F. The Commission shall provide office supplies and personnel |
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1135 | 1107 | | of the Commission to assist the Committee in the performance of its |
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1136 | 1108 | | duties. |
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1137 | 1109 | | |
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1157 | 1128 | | 19 |
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1163 | 1134 | | |
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1164 | 1135 | | G. Upon written request, the Insurance Commissioner, CompSource |
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1165 | 1136 | | Oklahoma Mutual Insurance Company , and every approved self -insured |
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1166 | 1137 | | employer in Oklahoma shall provide the Committee with data necessary |
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1167 | 1138 | | to the performance of its duties. |
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1168 | 1139 | | H. Any health care provider acting i n good faith and within the |
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1169 | 1140 | | scope of the provider ’s duties as a member of the Physician Advisory |
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1170 | 1141 | | Committee shall be immune from civil liability for making any report |
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1171 | 1142 | | or other information available to the judges of the Commission or to |
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1172 | 1143 | | the Commission or for assisting in the origination, investigation, |
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1173 | 1144 | | or preparation of the report or other information so provided. |
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1174 | 1145 | | SECTION 11. REPEALER 36 O.S. 2021, Section 902.3, is |
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1175 | 1146 | | hereby repealed. |
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1176 | 1147 | | SECTION 12. REPEALER 74 O.S. 2021, Sections 3316 and |
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1177 | 1148 | | 3317, are hereby repealed. |
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1178 | 1149 | | SECTION 13. This act shall become effective November 1, 2025. |
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1179 | 1150 | | |
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1180 | | - | COMMITTEE REPORT BY: OVERSIGHT COMMITTEE ON JUDICIARY AND PUBLIC |
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1181 | | - | SAFETY, dated - 04/17/2025 – DO PASS. |
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| 1176 | + | Passed the Senate the 12th day of March, 2025. |
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| 1180 | + | Presiding Officer of the Senate |
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| 1183 | + | Passed the House of Representatives the ___ _ day of __________, |
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| 1184 | + | 2025. |
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| 1188 | + | Presiding Officer of the House |
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| 1189 | + | of Representatives |
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