reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 74. State Government › §74-586. Short title.

This act shall be known and may be cited as the "Oklahoma Privatization of State Functions Act".
Added by Laws 1999, c. 281, § 1, eff. Jan. 1, 2000.
NOTE: Editorially renumbered from § 595 of Title 74 to provide consistency in numbering.
2023 Oklahoma Statutes › Title 74. State Government › §74-587. Purpose of act.

It is hereby declared that the purpose of the Oklahoma Privatization of State Functions Act is to set guidelines for the privatization of state services in order to ensure that, if approved, the privatization of state services is cost effective and in the best interest of the citizens of this state.
Added by Laws 1999, c. 281, § 2, eff. Jan. 1, 2000.
NOTE: Editorially renumbered from § 595.1 of Title 74 to provide consistency in numbering.
2023 Oklahoma Statutes › Title 74. State Government › §74-588. Definitions.

As used in the Oklahoma Privatization of State Functions Act:
1. "Agency" means an agency, board, commission or other entity of state government;
2. "Cost analysis" means a study that includes, but is not limited to:
a.
all direct personnel costs, materials and supplies, equipment, capital and equipment depreciation costs, rent, maintenance and repairs, utilities, insurance, travel, operations overhead, and general administrative overhead associated with privatization of a function, program, service, unit, or division,
b.
a feasibility study determining whether other state agencies could perform the function, program, service, unit, or division sought to be privatized,
c.
an analysis of the cost savings and quality enhancements expected to be gained by privatizing, and
d.
any other provisions that may be required by rules adopted by the Office of Management and Enterprise Services related to privatization;
3. "Cost analysis report" means a written report of the cost analysis; and
4. "Privatize" means to enter into contract for the performance of a duty or function which is currently being performed by a state employee.
Added by Laws 1999, c. 281, § 3, eff. Jan. 1, 2000. Amended by Laws 2003, c. 355, § 1, eff. Nov. 1, 2003; Laws 2012, c. 304, § 862.
NOTE: Editorially renumbered from § 595.2 of this title to provide consistency in numbering.
2023 Oklahoma Statutes › Title 74. State Government › §74-588.1. Cost analysis – Report - Finding.

A. Before any agency contracts to privatize a function, program, service, unit, or division valued at One Million Dollars ($1,000,000.00) or more, the agency must perform a cost analysis and provide a copy of the cost analysis report to the Office of Management and Enterprise Services.
B. The cost analysis shall include a provision for the protection and retention of third-party revenues currently being received for the performance of the function, program, service, unit or division sought to be privatized. Such protected third-party revenues shall include, but not be limited to, grants, contracts, federal matching programs, federal pass-through payments, sponsored programs and payment incentives currently being received as a result of the performance of the function, program, service, unit or division sought to be privatized.
C. The Office of Management and Enterprise Services shall review the cost analysis report and make a finding as to whether it fulfills the content requirements of the Oklahoma Privatization of State Functions Act and the rules of the Office. If the cost analysis report is found not to meet the requirements of the Oklahoma Privatization of State Functions Act or the rules of the Office, the Office shall return the cost analysis report to the agency with instructions.
D. The Director of the Office of Management and Enterprise Services shall promulgate rules necessary to implement the provisions of the Oklahoma Privatization of State Functions Act.
Added by Laws 2003, c. 355, § 2, eff. Nov. 1, 2003. Amended by Laws 2012, c. 304, § 863; Laws 2018, c. 227, § 1, eff. Nov. 1, 2018.
2023 Oklahoma Statutes › Title 74. State Government › §74-589.1. Certification.

Each agency deciding to privatize an agency function shall certify in writing to the Governor, President Pro Tempore of the Senate, Speaker of the House of Representatives, and the Office of Management and Enterprise Services that:
1. The provisions of the Oklahoma Privatization of State Functions Act and all other applicable laws regarding the privatization of the respective state functions have been complied with;
2. The quality and cost of the services to be provided by the selected bidder are likely to exceed the quality and cost benefit standards for the state function as formerly delivered by agency employees; and
3. The proposed privatization contract is in the best interest of the public.
Added by Laws 2003, c. 355, § 4, eff. Nov. 1, 2003. Amended by Laws 2012, c. 304, § 865.
2023 Oklahoma Statutes › Title 74. State Government › §74-590. Conflict of interest - Prohibition of employment of state officer by business organization awarded contract.

A. Any state officer or employee who exercises discretionary or decision-making authority in awarding a privatization contract shall be prohibited for a period of one (1) year from the date that the privatization contract is awarded from becoming an officer or employee of a business organization which is a party to any privatization contract with the state agency in which the state officer or employee exercised such discretionary or decision-making authority.
B. In the event of a violation of the provisions of subsection A of this section, the business organization shall be prohibited, for a period of one (1) year from the date of the violation, from contracting with the state agency in which the state officer or state employee exercised discretionary or decision-making authority.
Added by Laws 1999, c. 281, § 5, eff. Jan 1, 2000. Amended by Laws 2009, c. 187, § 1, eff. Nov. 1, 2009.
NOTE: Editorially renumbered from § 595.4 of Title 74 to provide consistency in numbering.
2023 Oklahoma Statutes › Title 74. State Government › §74-591. Filing with Secretary of State.

Notwithstanding any other provision or provisions of law to the contrary, all bonds required or authorized by law to be executed by state officers, and their assistants, deputies and employees, conditioned for the faithful performance of duty, or containing such other conditions as may be prescribed by law, shall be filed in the office of the Secretary of State after the same have been approved by the proper officer, agency, board or commission as now provided by law. The provisions of this act shall apply only to such of the above mentioned bonds as the premiums on which are paid out of funds appropriated by the Legislature, or are paid out of fees which are authorized to be used for said purpose.
Laws 1947, p. 618, § 1.
2023 Oklahoma Statutes › Title 74. State Government › §74-592. Examination of bonds - Certified copies.

Any person having an interest therein shall have the right to examine any of said bonds filed in the office of the Secretary of State at all reasonable times. The Secretary of State, shall upon request therefor, and upon receipt of the fees therefor, make and furnish certified copies of any of said bonds to any interested person.
Laws 1947, p. 618, § 2.
2023 Oklahoma Statutes › Title 74. State Government › §74-593. Bonds required of appointees and employees - Conditions - Premiums.

State officers, boards and commissions, subject to the approval of the State Budget Director, shall require bonds of any persons they appoint or employ, when deemed necessary to protect the state against loss or misapplication of public funds. Unless otherwise provided by law, each such bond shall be by a surety company licensed to do business in Oklahoma, shall be made payable to the State of Oklahoma, shall be conditioned that the person making the bond will faithfully perform the duties of his position, shall be in such amount as may be fixed by the state officer, board or commission requiring the bond, and upon a breach thereof shall be sued upon in the name of the State of Oklahoma by the Attorney General when the same is called to his attention; and the premium thereon shall be paid from funds appropriated or available for operation of the office of the state officer, or of the board or commission, requiring the bond, or for the operation of the office of the state officer, or of the board or commission, requiring the bond, or for the operation of the institution, if any, where or for which the person making the bond is employed.
Laws 1957, p. 541, § 1.
2023 Oklahoma Statutes › Title 74. State Government › §74-594. Bonds for persons responsible for custody and control of special or nonstate funds.

Each person employed by any department, institution, or agency of the State of Oklahoma whose duties include custody, supervision or control and authority to expend money from any canteen, revolving, depository or special fund, whose revenue is derived from funds other than state collected or appropriated funds, shall be required to furnish a corporate surety bond in the penal sum of One Thousand Dollars ($1,000.00) to Ten Thousand Dollars ($10,000.00), as set by the person in charge of the institution, with a company qualified to do business in Oklahoma, to be approved as provided by law, to assure the faithful performance of his duties. All premiums on such bonds shall be paid by the State of Oklahoma.
Laws 1961, p. 469, § 1.
2023 Oklahoma Statutes › Title 74. State Government › §74-601. Definitions.

As used in this act, and except as provided in Section 6 of this act:
(a) The words "official bond" shall mean any bond which is required to be furnished by or for any officer or employee of the State of Oklahoma or of any department, board, commission, institution, or agency thereof; by any statute or any valid rule, regulation, requirement or order of any State officer, department, board, commission, institution or agency; in connection with the qualification or official duties, or any part thereof, of any such officer or employee.
(b) The words "officer or employee" shall mean any officer or employee of the State of Oklahoma or of any department, board, commission, institution, or agency thereof.
Laws 1953, p. 423, § 1.
2023 Oklahoma Statutes › Title 74. State Government › §74-602. Filing in office of Secretary of State.

Every official bond in effect on the effective date of this act shall be filed in the office of the Secretary of State, within ten (10) days after the effective date of this act, and it shall be the duty of any officer, department, board, commission, institution, or agency of the state having custody of any official bond on the effective date of this act to transmit it to the office of the Secretary of State within said ten-day period. If any such bond be not filed within said time, the officer or employee for whom or on whose behalf the said bond was executed shall be deemed not to have complied with the statute, rule, regulations, requirement or order requiring said officer or employee to be bonded; provided, that nothing herein shall be construed as preventing a recovery on said bond, against the surety or sureties, in the same manner as if the said bond had been properly filed in the Office of the Secretary of State.
Laws 1953, p. 424, § 2.
2023 Oklahoma Statutes › Title 74. State Government › §74-603. Approval by Attorney General.

Except as to official bonds for which the Governor of the State of Oklahoma is the approving officer, no official bond executed on or after the effective date of this act may be accepted by any State officer, board, commission, institution, or agency, until the said bond has been first approved as to form by the Attorney General of the State of Oklahoma. All official bonds executed on and after the effective date of this act shall be transmitted to the Attorney General, and if approved by him as to form shall be transmitted by him to the office of the Secretary of State, who shall file the same. The Attorney General shall notify the officer, board, commission, institution, or agency transmitting said bond that the bond has been so approved. If the Attorney General shall disapprove any bond so transmitted to him, he shall return the bond to the transmitting officer, board, commission, institution, or agency, with a statement that the same has been disapproved.
Laws 1953, p. 424, § 3.
2023 Oklahoma Statutes › Title 74. State Government › §74-604. Withdrawal from office of Secretary of State.

Official bonds filed in the office of the Secretary of State shall not be withdrawn from said office, except pursuant to a valid subpoena of a court or other officer or body authored to issue subpoenas; or in connection with other legal proceedings when the withdrawal is approved by the Attorney General.
Laws 1953, p. 424, § 4.
2023 Oklahoma Statutes › Title 74. State Government › §74-605. Termination of obligation.

If for any lawful reason the obligation represented by an official bond be terminated sooner than is provided by the terms thereof, there may be filed in the Office of the Secretary of State, to be attached to said bond, the instrument terminating such obligation, as made or approved by the authority that accepted it.
Laws 1953, p. 424, § 5.
2023 Oklahoma Statutes › Title 74. State Government › §74-661.1. Positions subject to Merit System – Exceptions.

A. Except as provided in subsection B of this section, all positions of the Office of the Secretary of State are subject to the Merit System of Personnel Administration.
B. The following positions of the Office of the Secretary of State shall be in the unclassified service:
1. The Secretary of State;
2. The Assistant Secretary of State;
3. The Chief Financial Officer; and
4. Administrative Officers.
Added by Laws 1982, c. 210, § 4, emerg. eff. April 29, 1982. Amended by Laws 2016, c. 332, § 1; Laws 2019, c. 460, § 1, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 74. State Government › §74-662. Display areas - Preservation of historical documents.

A. The Secretary of State is hereby authorized and directed to take measures necessary for the preservation and care of the original State Constitution.
B. Except as otherwise provided by subsection C of this section, the original State Constitution or its replica, and other historically significant artifacts and documents, shall be publicly displayed in an area to be designated by the Secretary of State in the State Capitol Building. The display area shall be under the jurisdiction and control of the Secretary of State.
C. The Secretary of State is authorized to elect an alternate secure location on state-owned property for the preservation or exhibition of the original State Constitution if the display of the original document in the State Capitol Building would place the document at risk for damage from heat, cold, light, moisture or other environmental factors which in the judgment of the Secretary of State requires display or storage of the original document in an alternate location.
Added by Laws 1965, p. 1218, S.J.R. No. 46, § 1, emerg. eff. June 30, 1965. Amended by Laws 1976, c. 120, § 1, emerg. eff. May 14, 1976; Laws 1998, c. 316, § 1, emerg. eff. May 28, 1998; Laws 2014, c. 132, § 1, eff. Nov. 1, 2014.
2023 Oklahoma Statutes › Title 74. State Government › §74-662.1. Transfer of Great Seal to Logan County Courthouse in Guthrie.

Due to the history and uniqueness of the City of Guthrie, the original Great Seal of the State of Oklahoma or a replica thereof shall be transferred from the Office of the Secretary of State in Oklahoma City, Oklahoma, to Oklahoma's first Capitol Building which is now the Logan County Courthouse in Guthrie, Oklahoma, where it shall be permanently displayed, keeping the Secretary of State as the official custodian of such Seal. A duplicate of the original Great Seal shall be maintained by the Secretary of State in Oklahoma City, Oklahoma, for all official acts of the Governor for which the Great Seal is required.
Added by Laws 2001, H.J.R. No. 1003, § 1, emerg. eff. April 10, 2001.
2023 Oklahoma Statutes › Title 74. State Government › §74-664. Transmittal of Executive Order to legislative leadership.

Copies of all Executive Orders signed by the Governor after July 1, 1981, shall be transmitted by the Secretary of State when such Orders are signed by the Governor to the President Pro Tempore of the Senate and the Speaker of the House of Representatives.
Amended by Laws 1987, c. 207, § 24; Laws 1990, c. 300, § 22, eff. July 1, 1991.
2023 Oklahoma Statutes › Title 74. State Government › §74-664.1. Refund of erroneous collections.

The Secretary of State may refund any monies received due to an erroneous collection. As used in this section, “erroneous collection” means:
1. A transaction filed by the Office of the Secretary of State and later found to be improper;
2. A transaction filed with the Office of the Secretary of State by a customer and the customer, within forty-five (45) days of the filing of the transaction, determines the transaction contains a mistake, corrects the mistake, and requests a refund;
3. A transaction in which the customer requests a refund the same day of payment and the customer presents the receipt as evidence of payment; or
4. An overpayment which has been accepted by the Office of the Secretary of State.
Added by Laws 1999, c. 421, § 41, eff. Nov. 1, 1999.
2023 Oklahoma Statutes › Title 74. State Government › §74-665. Declaration of legislative intent.

In furtherance of its obligation to advance the general welfare of the state, the Legislature is cognizant of its duty to give all citizens their opportunities to reach their full potential. Therefore, the Legislature declares its intent that any inhibiting conditions caused by any factors which impede the ability of an individual to reach the full potential of that individual are matters of public concern.
Added by Laws 1994, c. 189, § 1.
2023 Oklahoma Statutes › Title 74. State Government › §74-666. Creation - Membership.

A. There is hereby created the Oklahoma Commission on the Status of Women. The Commission shall consist of thirty (30) members. The members shall be appointed as follows: ten members appointed by the Governor, ten members appointed by the President Pro Tempore of the Senate and ten members appointed by the Speaker of the House of Representatives. All members shall be appointed by the appropriate appointing authority for a term of five (5) years commencing with the date that the previous appointee's term expired. In making such appointments to the Commission, consideration shall be given to making the membership broadly representative of the geographic areas of the state and the several racial, religious and ethnic groups residing in the state. Each member shall hold office until the successor of the member is appointed and has qualified. A member of the Commission may be removed by the appropriate appointing authority for cause. A member appointed to fill a vacancy occurring before the expiration of a term of a member separated from the Commission for any cause shall be appointed for the remainder of the term of the member whose office has been so vacated. Members of the Commission shall receive no salary, but shall be entitled to travel reimbursement as provided by the State Travel Reimbursement Act, Section 500.1 et seq. of this title, from funds available to the appropriate appointing authority.
B. The Office of Management and Enterprise Services shall provide staff support to the Oklahoma Commission on the Status of Women.
Added by Laws 1994, c. 189, § 2. Amended by Laws 2003, c. 49, § 1, eff. July 1, 2003; Laws 2012, c. 304, § 866.
2023 Oklahoma Statutes › Title 74. State Government › §74-667. Officers - Meetings.

Initially, the President Pro Tempore of the Senate shall name the chair of the Oklahoma Commission on the Status of Women and the Speaker of the House of Representatives shall name the vice-chair. Any other officers deemed necessary shall be elected from among the members at the first meeting of the Commission. Thereafter, at the first meeting of each fiscal year, the Commission shall elect a chair, a vice-chair and such other officers deemed necessary to conduct the business of the Commission from among its members. The Commission shall meet at least once every three (3) months and at such other times as called by the chair or by a majority of the Commission.
Added by Laws 1994, c. 189, § 3.
2023 Oklahoma Statutes › Title 74. State Government › §74-669. Powers and duties.

The Oklahoma Commission on the Status of Women shall have the power and the duty to:
1. Advise on equity issues relating to gender bias, state agencies and employees, communities, organizations and businesses of this state which desire the services of the Commission;
2. Monitor legislation as to whether the legislation is discriminatory toward one gender or whether the gender of an individual would have an effect on the enforcement of the legislation;
3. Act as a resource and a clearinghouse for research on issues related to women and gender bias;
4. Conduct meetings and seminars within the state as appropriate to support the goals and duties of the Commission; and
5. Report to the Governor, the President Pro Tempore of the Senate and the Speaker of the House of Representatives of its activities. The report recommendations may include recommendations concerning needed legislation or regulatory changes relating to equity and gender bias.
Added by Laws 1994, c. 189, § 5. Amended by Laws 2003, c. 216, § 1, emerg. eff. May 13, 2003.
2023 Oklahoma Statutes › Title 74. State Government › §74-669.1. Oklahoma Commission on the Status of Women Revolving Fund.

There is hereby created in the State Treasury a revolving fund for the Office of Management and Enterprise Services designated the "Oklahoma Commission on the Status of Women Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all gifts and donations contributed to support the work of the Oklahoma Commission on the Status of Women. All monies accrued to the credit of the fund are hereby appropriated and may be budgeted and expended by the Director of the Office of Management and Enterprise Services on behalf of the Oklahoma Commission on the Status of Women for the purposes prescribed by the Legislature in creating the Commission. Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment.
Added by Laws 2003, c. 49, § 2, eff. July 1, 2003. Amended by Laws 2012, c. 304, § 867.
2023 Oklahoma Statutes › Title 74. State Government › §74-771. Committee defined.

As used herein, "legislative committee" means and includes the committee of the whole and any standing or special committee of the Senate or of the House of Representatives of any session of the Oklahoma Legislature, and any joint committee of said Senate and House.
Added by Laws 1959, p. 489, § 1, emerg. eff. June 8, 1959.
2023 Oklahoma Statutes › Title 74. State Government › §74-772. Administration of oaths to witnesses.

The President of the Senate, the Speaker of the House of Representatives, and the chairman or other committee member presiding over a meeting of a legislative committee shall have power to administer oaths to witnesses appearing before said committee at said meeting.
Added by Laws 1959, p. 489, § 2, emerg. eff. June 8, 1959.
2023 Oklahoma Statutes › Title 74. State Government › §74-773. Attendance of witnesses and production of evidence.

A. During any session of the Legislature, and when the Legislature is not in session, a legislative committee shall have power to issue subpoenas, compel the attendance of witnesses and the production of any papers, books, accounts, documents, testimony and evidence, and to cause the deposition of witnesses, either residing within or without the state, to be taken in the manner prescribed by law for the taking of depositions in civil actions in the district courts.
B. Failure of any person to comply with any subpoena issued in behalf of said committee or the refusal of any witness to testify to any matters regarding which he may be lawfully interrogated, upon application of the chairman or vice chairman of said committee or of a member of said committee authorized thereby to make such application, it shall be the duty of a judge of the district court of any county to proceed with respect to such person in the same manner and with the same powers to punish for contempt, as would be the case if the refusal had been a refusal to comply with a subpoena issued in a civil action, or a refusal of said person to testify in a civil action in said court. It shall also be the duty of the district court, when requested in the application, to issue instanter and ex parte an order requiring such person to attend at the time and place set out in said application to testify as a witness, and directing such person to bring with him any book, writing or other thing under his control, said orders to be served as provided by law for the service of a subpoena. A judge of the district court shall have power to punish or enforce compliance, by attachment or otherwise, refusal to obey such orders as in other cases of refusal to obey the orders and processes of the court. It shall also be the duty of the judge of the district court, when requested in the application, to issue instanter and ex parte an attachment to the sheriff, any constable of the county, or the sergeant at arms or assistant sergeant at arms of either house, commanding him to arrest and bring such person before said committee at the time and place set out in said application. If the attachment is not for immediately bringing the witness before the committee, the court may fix a sum in which such person may give an undertaking with surety, for his appearance at the time and place specified in said attachment; such sum shall be endorsed on the back of the attachment. If no sum is fixed and endorsed, it shall be One Hundred Dollars ($100.00). If the said undertaking is not given, the person shall be held in the county jail until taken by the sheriff or other authorized person to the place at said time.
Laws 1959, p. 489, § 3; Laws 1981, c. 272, § 32, eff. July 1, 1981.
2023 Oklahoma Statutes › Title 74. State Government › §74-775. Powers denied by rules or resolutions.

To the extent that the powers granted hereby may be expressly denied to any legislative committee or committees by the rules or resolutions of the house of the Legislature of which same is a committee, or by joint resolution as to joint committees, Sections 2, 3, and 4 hereof shall not be applicable to said committees.
Laws 1959, p. 489, § 5.
2023 Oklahoma Statutes › Title 74. State Government › §74-805.3. Nurse practitioners and nurse-midwives - Classification.

For the purpose of classification under the Merit System of Personnel Administration, certified nurse practitioner and certified nurse-midwife as defined and certified by the Oklahoma Board of Nurse Registration and Nursing Education shall each be recognized as separate and distinct categories of nursing distinguishable from current classifications.
Added by Laws 1982, c. 330, § 5, emerg. eff. June 1, 1982.
2023 Oklahoma Statutes › Title 74. State Government › §74-840-1.1. Short title - Content of act.

A. Sections 840-1.1 through 840-6.9 of this title shall be known and may be cited as the "Oklahoma Personnel Act".
B. All statutes hereinafter enacted and codified within Sections 840-1.1 through 840-6.9 of this title shall be part of the Oklahoma Personnel Act.
Added by Laws 1982, c. 338, § 1, eff. July 1, 1982. Amended by Laws 1990, c. 204, § 6, emerg. eff. May 10, 1990. Renumbered from § 840.1 of this title by Laws 1994, c. 242, § 54. Amended by Laws 1997, c. 287, § 1, eff. July 1, 1997.
2023 Oklahoma Statutes › Title 74. State Government › §74-840-1.3. Definitions.

As used in this act, unless otherwise provided in Sections 840-1.1 through 840-6.9 of this title:
1. "Agency" means any office, department, board, commission or institution of the executive branch of state government;
2. "Employee" or "state employee" means an elected or appointed officer or employee of an agency unless otherwise indicated;
3. "Appointing authority" means the chief administrative officer of an agency;
4. "Job-related organization" means a membership association which collects annual dues, conducts annual meetings and provides job-related education for its members and which includes state employees, including any association for which payroll deductions for membership dues are authorized pursuant to paragraph 5 of subsection B of Section 34.70 of Title 62 of the Oklahoma Statutes;
5. "Progressive discipline" means a system designed to ensure the consistency, impartiality and predictability of discipline and the flexibility to vary penalties if justified by aggravating or mitigating conditions;
6. "Supervisor" means an officer or employee who has been assigned authority and responsibility for evaluating the performance of subordinates;
7. "Director" means the appointing authority of the Office of Management and Enterprise Services;
8. "Office" means the Office of Management and Enterprise Services; and
9. "Veteran" means a person who has been honorably discharged from the Armed Forces of the United States.
Added by Laws 1982, c. 338, § 3, eff. July 1, 1982. Amended by Laws 1986, c. 158, § 6, operative July 1, 1986; Laws 1986, c. 252, § 3, eff. Nov. 1, 1986; Laws 1994, c. 242, § 1. Renumbered from § 840.3 of this title by Laws 1994, c. 242, § 54. Amended by Laws 1995, c. 310, § 1, emerg. eff. June 5, 1995; Laws 1996, c. 320, § 1, emerg. eff. June 12, 1996; Laws 1997, c. 287, § 2, eff. July 1, 1997; Laws 1998, c. 256, § 1, eff. July 1, 1998; Laws 1999, c. 410, § 2, eff. Nov. 1, 1999; Laws 2001, c. 381, § 1, eff. July 1, 2001; Laws 2002, c. 347, § 3, eff. Nov. 1, 2002; Laws 2010, c. 286, § 1, eff. Nov. 1, 2010; Laws 2012, c. 304, § 868; Laws 2022, c. 243, § 2, emerg. eff. May 11, 2022.
2023 Oklahoma Statutes › Title 74. State Government › §74-840-1.6. Office of Management and Enterprise Services - Organization.

A. The internal administrative organization of the Office of Management and Enterprise Services shall be determined by the Director of the Office of Management and Enterprise Services in such a manner as to promote the efficient and effective enforcement of this act.
B. The Director of the Office of Management and Enterprise Services may employ attorneys, accountants and other personnel as the Director deems necessary to carry out the duties imposed upon the Office.
Added by Laws 1982, c. 338, § 6, eff. July 1, 1982. Renumbered from § 840.6 of this title by Laws 1994, c. 242, § 54. Amended by Laws 2005, c. 453, § 1, eff. July 1, 2005; Laws 2012, c. 303, § 5, eff. Nov. 1, 2012; Laws 2022, c. 243, § 3, emerg. eff. May 11, 2022.
2023 Oklahoma Statutes › Title 74. State Government › §74-840-1.7. Oklahoma Merit Protection Commission – Transfer to Human Capital Management Division of the Office of Management and Enterprise Services.

A. The Oklahoma Merit Protection Commission shall continue until December 31, 2022. Whenever the terms "Ethics and Merit Commission", "Special Counsel of the Ethics and Merit Commission", or the "Oklahoma Merit Protection Commission" appear in the Oklahoma Statutes, they shall mean the Human Capital Management Division of the Office of Management and Enterprise Services.
B. Any funds appropriated to, in the possession of, or allocated to the Commission shall be deemed to be funds of the Office of Management and Enterprise Services.
C. Upon request of the Director of the Office of Management and Enterprise Services, the personnel of the Commission shall deliver to the Office of Management and Enterprise Services all books, papers, records, and property of the Commission.
D. All functions, powers, duties, and obligations previously assigned to the Commission are hereby transferred to the Office of Management and Enterprise Services.
E. All rules, regulations, acts, orders, determinations, and decisions of the Commission pertaining to the functions and powers herein transferred and assigned to the Office of Management and Enterprise Services in force at the time of such transfer, assignment, assumption, or devolution shall continue in force and effect as rules, regulations, acts, orders, determinations, and decisions of the Commission until duly modified or abrogated by the appropriate body or until otherwise provided by law.
Added by Laws 1982, c. 338, § 22, emerg. eff. June 2, 1982. Amended by Laws 1985, c. 178, § 72, operative July 1, 1985; Laws 1986, c. 158, § 10, operative July 1, 1986. Renumbered from § 841.1 of this title by Laws 1994, c. 242, § 54. Amended by Laws 2021, c. 206, § 2, eff. Jan. 1, 2022; Laws 2022, c. 243, § 5, emerg. eff. May 11, 2022.
2023 Oklahoma Statutes › Title 74. State Government › §74-840-1.14. Attorney General as legal counsel - Opinions to officers or employees - Representation of Commission - Conflict of interest - Appointment of alternate counsel.

When any officer or employee of the state is in doubt as to the application of the Oklahoma Personnel Act as to himself or to any employee under his supervision, he may submit to the Attorney General a full written statement of the facts and questions he may have. The Attorney General shall then render an opinion to such person and may publish these opinions, or abstracts thereof, with the use of the name of the person advised unless such person requests otherwise in writing. The Attorney General shall be the legal counsel for the Oklahoma Merit Protection Commission and represent it when its decisions are appealed to higher courts. The Office of the Attorney General shall be legal counsel for and represent the Merit Protection Commission notwithstanding its representation of any other state department, agency, board or commission in the same or related matters pending before the Merit Protection Commission or before any court. The Attorney General shall establish internal administrative procedures to ensure that both such agencies are provided independent legal representation, and such simultaneous representation shall not, of itself, be deemed to constitute a conflict of interest. In the event the Attorney General determines an irreconcilable conflict of interest exists, to the extent that he is unable to provide simultaneous representation to both the Merit Protection Commission and another state department, agency, board or commission the provision of Section 18c-2 of this title shall apply.
Added by Laws 1982, c. 338, § 32, eff. July 1, 1982. Amended by Laws 1986, c. 158, § 17, operative July 1, 1986; Laws 1990, c. 264, § 69, operative July 1, 1990. Renumbered from § 841.11 of this title by Laws 1994, c. 242, § 54.
2023 Oklahoma Statutes › Title 74. State Government › §74-840-1.16. Conflicts with federal requirements.

A. If any part of this act is found to be in conflict with federal requirements which are a condition precedent to the allocation of federal funds to the state, the conflicting part of this act shall be inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and such findings shall not affect the operation of the remainder of this act in its application to the agencies concerned.
B. Notwithstanding any provisions in this act to the contrary, no regulation shall be adopted which would deprive the state of federal grants or other forms of financial assistance, and the rules and regulations promulgated hereunder shall include standards, provisions, terms and conditions for personnel engaged in the administration of federally aided programs, which shall, in all respects, comply with the necessary requirements for a qualified personnel system under the standards applicable to personnel engaged in the administration of federally aided programs.
Added by Laws 1982, c. 338, § 11, eff. July 1, 1982. Renumbered from § 840.11 of this title by Laws 1994, c. 242, § 54.
2023 Oklahoma Statutes › Title 74. State Government › §74-840-1.17. Agreements with municipalities to furnish services and facilities.

The Office may enter into agreement with any municipality or political subdivision of the state to furnish services and facilities of the Office to the municipality or political subdivision in the administration of its personnel on merit principles. Any such agreement shall provide for the reimbursement to the state of the cost of the services and facilities furnished. All municipalities and political subdivisions of the state may enter into such agreements.
Added by Laws 1982, c. 338, § 12, eff. July 1, 1982. Renumbered from § 840.12 of this title by Laws 1994, c. 242, § 54.
2023 Oklahoma Statutes › Title 74. State Government › §74-840-1.18. Payment for services – Citizen actions – Employee actions.

A. Any state agency for which the Director provides payroll services shall pay for such services at a rate established by the Director, which shall be based upon the cost to the Director of providing such services. Each agency shall remit payment for such services quarterly from departmental or agency funds to the Director who shall deposit such payments into the Human Capital Management Revolving Fund created in Section 840-1.20 of this title.
B. No state disbursing or auditing officer shall make or approve or take any part in making or approving any payment for personal service to any person holding a position in state service, brought under law unless the payroll voucher or account of such pay bears the certification of the appointing authority or designee, that the persons named therein have been appointed and employed in accordance with the provisions of law and the rules promulgated hereunder. The appointing authority or designee may for proper cause withhold certification from an entire payroll or from any specific item or items thereon.
Any citizen may maintain a suit to restrain a disbursing officer from making any payment in contravention of any provision of law or rules promulgated hereunder. Any sum paid contrary to any provision of law or any rule promulgated hereunder may be recovered in an action maintained by any citizen, from any officer who made, approved or authorized such payment or who signed or countersigned a voucher, payroll, check or warrant for such payment, or from the sureties on the official bond of any such officer. All monies recovered in any such action shall be paid into the State Treasury.
Any person appointed or employed in contravention of any provision of law or any rules or orders promulgated hereunder, whose employment is brought within the terms of law, who performs service for which he or she is not paid, may maintain an action against the officer or officers who purported to appoint or employ the person to recover the agreed pay for such services, or the reasonable value thereof if no pay was agreed upon. No officer shall be reimbursed by the state at any time for any sum paid to such person on account of such services.
If the appointing authority or designee wrongfully withholds certification of the payroll voucher or account of any employee, such employee may maintain an action or proceeding in the courts to compel the appointing authority or designee to certify such payroll voucher or account.
Added by Laws 1982, c. 338, § 14, eff. July 1, 1982. Amended by Laws 1983, c. 288, § 1, operative July 1, 1983. Renumbered from § 840.14 of this title by Laws 1994, c. 242, § 54. Amended by Laws 2003, c. 212, § 8, eff. July 1, 2003; Laws 2004, c. 312, § 2, eff. Nov. 1, 2004; Laws 2005, c. 176, § 1, eff. July 1, 2005; Laws 2012, c. 304, § 869; Laws 2022, c. 243, § 6, emerg. eff. May 11, 2022.
2023 Oklahoma Statutes › Title 74. State Government › §74-840-1.20. Human Capital Management Revolving Fund - Petty cash.

A. There is hereby created in the State Treasury a revolving fund for the Office of Management and Enterprise Services to be designated the "Human Capital Management Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of fees received by the Office of Management and Enterprise Services for providing training for a certified public managers program and all other monies received by the Office of Management and Enterprise Services. All monies accruing to the credit of the fund are hereby appropriated and may be budgeted and expended by the Office of Management and Enterprise Services for defraying the costs incurred in performing the duties and functions of the Office. Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment.
B. There is hereby created a petty cash fund not to exceed Two Hundred Fifty Dollars ($250.00) for the Office of Management and Enterprise Services. The Director of the Office of Management and Enterprise Services shall prescribe the rules and procedures for the administration of the petty cash fund.
C. Any monies in or obligations against the Employee Benefits Revolving Fund and the Benefits Council Administration Revolving Fund shall be transferred to the Human Capital Management Revolving Fund. Funds previously designated for deposit into the Employee Benefits Revolving Fund and the Benefits Council Administration Revolving Fund shall be deposited into the Human Capital Management Revolving Fund.
D. The Office of Management and Enterprise Services is hereby directed to pay from the fund the costs of transcribing the record of any proceeding before the Office of Management and Enterprise Services, which record may be designated by an indigent respondent, if such respondent first establishes indigent condition through execution of an in forma pauperis affidavit upon a form approved by the Office of Management and Enterprise Services; provided, that if the indigent respondent has a financial recovery the fund shall be reimbursed from the proceeds.
Added by Laws 1988, c. 248, § 7, operative July 1, 1988. Amended by Laws 1994, c. 242, § 28. Renumbered from § 840.5b of this title by Laws 1994, c. 242, § 54. Amended by Laws 2007, c. 342, § 1, eff. July 1, 2007; Laws 2012, c. 303, § 10, eff. Nov. 1, 2012; Laws 2022, c. 243, § 7, emerg. eff. May 11, 2022.
2023 Oklahoma Statutes › Title 74. State Government › §74-840-2.7. Central payroll system - State agencies required to utilize.

All state agencies, boards, commissions, departments and offices, excluding entities within The Oklahoma State System of Higher Education, shall utilize the central payroll system administered by the Office of Management and Enterprise Services. This provision shall not prohibit state institutions of higher education from utilizing the central payroll system at their discretion.
Added by Laws 1992, c. 367, § 2, eff. July 1, 1992. Renumbered from § 840.5d of this title by Laws 1994, c. 242, § 54. Amended by Laws 1999, c. 371, § 8, eff. July 1, 1999; Laws 2012, c. 304, § 872.
2023 Oklahoma Statutes › Title 74. State Government › §74-840-2.8. State and county officers and employees - Support, etc. of Constitution and laws of state.

Every state and county officer and state and county employee:
1. Shall support, obey, and defend the Constitution and laws of the State of Oklahoma; and
2. Shall not knowingly receive, directly or indirectly, any money or other valuable thing for the performance or nonperformance of any act or duty pertaining to his or her office, other than the compensation allowed by law.
Added by Laws 1992, H.J.R. No. 1077, § 33, eff. Jan. 1, 1993. Renumbered from § 840.32 of this title by Laws 1994, c. 242, § 54.
2023 Oklahoma Statutes › Title 74. State Government › §74-840-2.9. Discrimination and other prohibited acts.

A. No person in the state service shall be appointed to or demoted or dismissed from any position in the state service, or in any way favored or discriminated against with respect to employment in the state service because of political or religious opinions or affiliations, race, creed, gender, color or national origin or by reason of any physical handicap so long as the physical handicap does not render the employee unable to do the work for which he or she is employed. The hiring of special disabled veterans pursuant to Sections 401 through 404 of Title 72 of the Oklahoma Statutes shall not constitute favoritism as herein prohibited.
B. No person shall use or promise to use, directly or indirectly, any official authority or influence, whether possessed or anticipated, to secure or attempt to secure for any person an appointment or advantage in appointment to a position or an increase in pay or other advantage in employment in any such position, for the purpose of influencing the vote or political action of any person, or for any consideration. Letters of inquiry, recommendation and reference for public employees by public officials shall not be considered official authority or influence unless such letter contains a threat, intimidation, or irrelevant, derogatory or false information.
C. No person shall make any false statement, certificate, score, rating or report with regard to any test, certification or appointment to state service or in any manner commit any fraud related to employment in state service preventing the implementation of the provisions of law and rules made pursuant thereto.
D. No employee, examiner or other person shall deny, deceive or obstruct any person in his or her right to examination, eligibility, certification or appointment or furnish to any person any special or secret information for the purpose of effecting the rights or prospects of any person with respect to employment in state service.
E. No person shall, directly or indirectly, give, render, pay, offer, solicit or accept any money, service or other valuable consideration for or as a result of any appointment, proposed appointment, promotion or proposed promotion to or any advantage in, a position in state service.
F. Alleged violation of this section shall be reported to the Oklahoma Attorney General.
Added by Laws 1982, c. 338, § 31, eff. July 1, 1982. Amended by Laws 1983, c. 175, § 8, emerg. eff. June 7, 1983; Laws 1986, c. 158, § 16, operative July 1, 1986. Renumbered from § 841.10 of this title by Laws 1994, c. 242, § 54. Amended by Laws 2022, c. 243, § 8, emerg. eff. May 11, 2022.
2023 Oklahoma Statutes › Title 74. State Government › §74-840-2.10a. Violent or traumatic workplace events - Debriefing and counseling services.

A. State agencies shall provide or contract to provide, through the State Employee Assistance Program, debriefing and counseling services for state employees who are involved in, witness or are otherwise exposed to a violent or traumatic event in the workplace.
B. State employees who are affected by such events shall be encouraged to participate in debriefing or counseling services and paid administrative leave shall be provided. However, employees shall have the option to refuse services offered.
C. The Director of the Office of Management and Enterprise Services shall promulgate rules to implement the provisions of this section which, at a minimum, shall specify the types of events which shall qualify state employees for debriefing and counseling services.
Added by Laws 2012, c. 185, § 1, eff. Nov. 1, 2012. Amended by Laws 2017, c. 186, § 1, eff. Nov. 1, 2017; Laws 2018, c. 78, § 1, eff. July 1, 2018; Laws 2022, c. 243, § 9, emerg. eff. May 11, 2022.
2023 Oklahoma Statutes › Title 74. State Government › §74-840-2.11. State employee personal information - Confidentiality.

The home addresses, home telephone numbers, social security numbers, and information related to personal electronic communication devices of current and former state employees shall not be open to public inspection or disclosure without written permission from the current or former state employees or without an order from a court of competent jurisdiction.
Added by Laws 1992, c. 367, § 28, emerg. eff. June 9, 1992. Renumbered from Title 74, § 841.6A by Laws 1994, c. 242, § 54; Laws 2002, c. 347, § 6, eff. Nov. 1, 2002; Laws 2003, c. 212, § 10, eff. July 1, 2003.