STATE OF OKLAHOMA

1st Session of the 54th Legislature (2013)

SENATE BILL 288	By:	Holt

AS INTRODUCED

An Act relating to the Department of Human Services; amending 56 O.S. 2011, Section 26.17, as amended by Section 230, Chapter 304, O.S.L. 2012 (56 O.S. Supp. 2012, Section 26.17), which relates to employees of the Department; deleting reference to Commission for Human Services; modifying maximum percentage of positions to be in unclassified service; providing an effective date; and declaring an emergency.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     56 O.S. 2011, Section 26.17, as amended by Section 230, Chapter 304, O.S.L. 2012 (56 O.S. Supp. 2012, Section 26.17), is amended to read as follows:
Section 26.17.  A.  The Director of Human Services, subject to the approval of the Commission for Human Services, shall have the power to employ and fix the qualifications, duties and compensation of employees necessary to the fulfillment of the provisions of this act, and shall have the power to approve any legal claim for payment.
B.  The Department of Human Services shall be a Merit System agency.  The provisions of this section shall supersede and revoke any and all Executive Orders placing the Department of Human Services or its predecessors under the provisions of the Merit System of Personnel Administration.
C.  In addition to offices, positions, and personnel in the unclassified service pursuant to Sections 840-5.3 and 840-5.5 of Title 74 of the Oklahoma Statutes, the following offices, positions, and personnel shall be in the unclassified service:
1.  Campus police appointed pursuant to Section 162.2 of this title;
2.  The legal division or unit established pursuant to Section 236 of this title;
3.  The Construction Unit and the Architectural and Engineering Unit or their successor units; and
4.  A maximum of five percent (5%) ten percent (10%) of the maximum number of full-time-equivalent positions authorized by law to the Department of Human Services and selected at the discretion of the Director of the Department of Human Services.  Employees retained in the unclassified service under the provisions of this section shall be employees at will.  Any classified employee occupying a position selected by the Director pursuant to this paragraph to become an unclassified position may elect to retain classified status.  All future appointees to such position shall be in the unclassified service.  The Director shall submit a list of such positions to the Office of Management and Enterprise Services by September 1, 2004, and annually thereafter.
D.  All other offices, positions and personnel of the Department of Human Services shall be classified and subject to the provisions of the Merit System of Personnel Administration, as provided in the Oklahoma Personnel Act and rules promulgated thereunder.
SECTION 2.  This act shall become effective July 1, 2013.
SECTION 3.  It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval.

54-1-1018	CD	1/11/2013 2:46:57 PM