OFFICE OF MANAGEMENT AND ENTERPRISE SERVICES
OKLAHOMA 2024 SESSION LAW SERVICE Fifty-Ninth Legislature, 2024 Second Regular Session
2024 Okla. Sess. Law Serv. Ch. 82 (S.B. 1559) (WEST)
OKLAHOMA 2024 SESSION LAW SERVICE
Fifty-Ninth Legislature, 2024 Second Regular Session
CHAPTER 82
S.B. No. 1559
OFFICE OF MANAGEMENT AND ENTERPRISE SERVICES
An Act relating to the Office of Management and Enterprise Services; amending 74 O.S. 2021, Section 85.58A, which relates to the state risk management program; excluding certain institutions of higher education from certain definition; prohibiting risk management administrator from directing certain insurance purchase; updating statutory references; and providing an effective date.
SUBJECT: Office of Management and Enterprise Services
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
<< OK ST T. 74 § 85.58A >>
SECTION 1. AMENDATORY 74 O.S. 2021, Section 85.58A, is amended to read as follows:
Section 85.58A. A. The Office of Management and Enterprise Services (OMES) shall establish for all state agencies, whether or not subject to the Oklahoma Central Purchasing Act, and other entities as provided by law a comprehensive professional risk management program which shall:
1. Identify and evaluate risks of loss and exposures to loss to officers, employees and properties;
2. Minimize risks through loss-prevention and loss-control programs;
3. Transfer risks, if economically advantageous to the state, by acquiring commercial insurance, contractual pass through pass-through of liability, or by other means;
4. Consolidate and administer risk management plans and programs including self-insurance programs, except State Employees Group Insurance the Oklahoma Employees Insurance Plan;
5. Determine feasibility of and, if feasible, establish self-insurance programs, considering whether a program may be self-supporting to remain financially and actuarially sound;
6. Provide a system to allocate insurance and program costs to determine payment for insurance coverage and program expenses provided by the Office of Management and Enterprise Services;
7. When requested by a state retirement system or the State and Education Employees Group Insurance Oklahoma Employees Insurance and Benefits Board, assist in obtaining insurance authorized by law. If requested by the Oklahoma State Regents for Higher Education, assist trust funds for which the State Regents serve as trustees in obtaining insurance authorized by law;
8. Assist state agencies and officers, employees, and members thereof, charged with licensing authority, in obtaining insurance for liability for judgments, based on the licensing authority, rendered by any court pursuant to federal law;
9. When requested by a public trust established pursuant to Title 60 of the Oklahoma Statutes of which the State of Oklahoma is the beneficiary, obtain, provide or assist the public trust in obtaining insurance authorized by law or trust indenture covering any board member, trustee, official, officer, employee or volunteer for errors and omissions or liability risks arising from the performance of official duties pursuant to law or trust indenture;
10. When requested by the Oklahoma State Regents for Higher Education, for the purpose of insuring real property required pursuant to Section 4018 of Title 70 of the Oklahoma Statutes, of which the Oklahoma State Regents for Higher Education is the beneficiary, obtain, provide or assist the Oklahoma State Regents for Higher Education in obtaining insurance for the real property pursuant to the provisions of this section; and
11. Authorize the Risk Management Administrator to declare an emergency for the purpose of mitigating damages to any state-owned property insured under the comprehensive professional risk management program administered by OMES.
B. For the purposes of this section, “state agency” shall not be construed to include colleges and universities under the authority of the Oklahoma State Regents for Higher Education. Colleges and universities may request the Risk Management Administrator to advise for the purchase of property insurance coverage, but the Administrator shall not direct the purchase of property insurance from a specific entity.
C. The Director of the Office of Management and Enterprise Services may hire or contract for the services of a Risk Management Administrator to supervise the Comprehensive Professional Risk Management Program comprehensive professional risk management program established pursuant to this section. If appointed by the Director as a state employee, the Risk Management Administrator shall be in the unclassified service.
b. The Risk Management Administrator shall determine criteria for participation in the risk management program by such community action agencies. In addition, the Risk Management Administrator may require each such community action agency to:
(1) provide adequate qualified personnel and suitable facilities and equipment for operating a Head Start program or providing transportation services to the public, and
(2) comply with such standards as are necessary for the protection of the clients it serves.
2. To receive coverage pursuant to this section, a community action agency shall make payments for any insurance coverage and shall otherwise comply with the provisions of this section and rules promulgated by the Office pursuant to the provisions of this section.
3. Requests for the insurance coverage provided pursuant to the provisions of this subsection shall be submitted in writing to the Risk Management Administrator by the community action agencies.
SECTION 2. This act shall become effective November 1, 2024.
Approved April 22, 2024.
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