Title 62. Public Finance
§62-2. Renumbered as § 34.1 of this title by Laws 2009, c. 441, § 64, eff. July 1, 2009.
§62-7.1. Renumbered as § 34.57 of this title by Laws 2009, c. 441, § 64, eff. July 1, 2009.
§62-7.2. Renumbered as § 34.56 of this title by Laws 2009, c. 441, § 64, eff. July 1, 2009.
§62-7.3. Renumbered as § 34.58 of this title by Laws 2009, c. 441, § 64, eff. July 1, 2009.
§62-7.4. Renumbered as § 34.59 of this title by Laws 2009, c. 441, § 64, eff. July 1, 2009.
§62-7.5. Renumbered as § 34.9 of this title by Laws 2009, c. 441, § 64, eff. July 1, 2009.
§62-7.5a. Renumbered as § 34.60 of this title by Laws 2009, c. 441, § 64, eff. July 1, 2009.
§62-7.6. Renumbered as § 34.69 of this title by Laws 2009, c. 441, § 64, eff. July 1, 2009.
§62-7.10. Renumbered as § 34.70 of this title by Laws 2009, c. 441, § 64, eff. July 1, 2009.
§62-7.11. Renumbered as § 840-4.5 of Title 74 by Laws 1994, c. 242, § 54.
§62-7.12. Renumbered as § 840-2.16 of Title 74 by Laws 1994, c. 242, § 54.
§62-7.13. Renumbered as § 34.10 of this title by Laws 2009, c. 441, § 64, eff. July 1, 2009.
§62-9.1. Renumbered as § 34.46 of this title by Laws 2009, c. 441, § 64, eff. July 1, 2009.
§62-9.10. Renumbered as § 34.39 of this title by Laws 2009, c. 441, § 64, eff. July 1, 2009.
§62-9.11. Renumbered as § 34.86 of this title by Laws 2009, c. 441, § 64, eff. July 1, 2009.
§62-10.1. Renumbered as § 34.54 of this title by Laws 2009, c. 441, § 64, eff. July 1, 2009.
§62-10.3. Renumbered as § 34.55 of this title by Laws 2009, c. 441, § 64, eff. July 1, 2009.
§62-10.4. Renumbered as § 34.87 of this title by Laws 2009, c. 441, § 64, eff. July 1, 2009.
§6211. Bond Commissioner.
The Attorney General is hereby made ex officio Bond Commissioner of the State of Oklahoma.
R.L.1910, § 376.
§6213. Duties of Bond Commissioner Certificate Bonds incontestable after 30 days.
It shall be the duty of the Bond Commissioner to prepare uniform forms and prescribe a method of procedure under the laws of the state in all cases where it is desired to issue public securities or bonds, in any county, township, municipality or political or other subdivisions thereof of the State of Oklahoma; and it shall be the further duty of said Bond Commissioner to examine into and pass upon any security so issued, and such security, when declared by the certificate of said Bond Commissioner to be issued in accordance with the forms of procedure so provided shall be incontestable in any court in the State of Oklahoma unless suit thereon shall be brought in a court having jurisdiction of the same within thirty (30) days from the date of the approval thereof by the Bond Commissioner.
R.L.1910, § 377.
§6214. Bond invalid without certificate.
No bond hereafter issued by any political or municipal subdivision of this state shall be valid without the certificate of said Bond Commissioner.
R.L.1910, § 378.
§62-15. Issuance and sale of general obligation bonds - Duty of Attorney General - Private attorney employed in issuance and sale of revenue bonds—Exceptions.
A. In all stages of proceedings leading to the issuance and sale of general obligation bonds pledging the full faith and credit of the state, it shall be a duty of the Attorney General to perform all necessary legal work incident thereto. Neither the Attorney General nor any other officer of the state may use any public funds to pay for the services of a private attorney or consulting fee in connection with such work. Neither the Attorney General nor Assistant Attorney General shall receive any remuneration, other than salary, for legal services performed in proceedings leading to the issuance and sale of bonds as provided in this act. If a marketing opinion is desired, the bond buyers shall pay for its procurement.
B. In all proceedings leading to the issuance and sale of revenue bonds by any state agency acting pursuant to a specific legislative validating act, a private attorney or attorneys may be employed when the legislative validating act does not prohibit such employment. The employment contract with the private attorney or attorneys shall be filed of record with the Attorney General. In no case shall the employed private attorney be paid a fee in excess of that authorized in the validating act. In addition, the Attorney General is authorized to charge an examination fee for review and approval of revenue bond or note proceedings, as provided for in subsection E of this section. If a marketing opinion is desired, the bond buyers shall pay for its procurement.
C. In all proceedings leading to the issuance and sale of general obligation bonds or revenue bonds by any state agency acting pursuant to a specific legislative validating act, any financial or marketing consultant employed by the state for services relative to the marketing of such bonds shall not be paid a fee in excess of that authorized in the validating act.
D. Except for the provisions of subsection E of this section, nothing herein shall apply to legal proceedings leading to the issuance or sale of bonds pursuant to Article X, Sections 26, 27 and 35 of the Oklahoma Constitution or to any obligation issued by public trusts under the Public Trust Act (except those trusts created by the state as contrasted to its subdivisions or other governmental entities), the Interlocal Cooperation Act and the Local Industrial Development Act.
E. In all proceedings leading to the issuance and sale of revenue bonds or notes by any state agency, or the issuance and sale of general or limited obligation bonds pledging the faith and credit, whether general or special, of the state or any political subdivision thereof, where the Attorney General is required by law to review such proceedings, the Attorney General is authorized to charge and collect a nonrefundable examination fee, payable at the time the proceedings are finally approved and bonds or notes are delivered. The issuer may reimburse itself for the examination fee from the proceeds of the bond or note issue. Such examination fee shall not exceed the following amounts:
1. Three one-hundredths of one percent (0.03%) of the first Five Million Dollars ($5,000,000.00) of the principal amount of bonds or notes issued; and
2. Two one-hundredths of one percent (0.02%) of any principal amount of bonds or notes issued in excess of Five Million Dollars ($5,000,000.00), up to and including Fifty Million Dollars ($50,000,000.00); and
3. One one-hundredth of one percent (0.01%) of any principal amount of bonds or notes in excess of Fifty Million Dollars ($50,000,000.00).
All fees collected as authorized by this subsection shall be deposited in the Attorney General’s Revolving Fund created in Section 20 of Title 74 of the Oklahoma Statutes.
Added by Laws 1973, c. 129, § 1, emerg. eff. May 10, 1973 . Amended by Laws 2009, c. 320, § 1, eff. July 1, 2009.
§6216. Bond counsel.
In each instance of the issuance of general obligation or revenue bonds by the State of Oklahoma or any political subdivision thereof, or by any trust or other agency on behalf of any such entity, the issuer may be represented by bond counsel. Such bond counsel is prohibited from representing or receiving compensation from underwriters or the purchasers of the bonds for the same issuance. However, said opinions by bond counsel may be addressed to and furnished to the underwriters and purchasers as long as no additional compensation is paid.
Added by Laws 1988, c. 319, § 12, eff. Nov. 1, 1988.
§62-34. Short title.
Section 34 et seq. of Title 62 of the Oklahoma Statutes shall be known and may be cited as the "Oklahoma State Finance Act".
Added by Laws 2009, c. 441, § 1, eff. July 1, 2009.
§62-34.1. Tax accounts with counties – Certification of information by State Board of Equalization – Reports by county clerks – Power and authority of State Auditor and Inspector.
A. The official tax accounts with the several counties of the state shall be kept by the State Auditor and Inspector, which said accounts shall exhibit the true amount of each class and year's taxes charged to each of the several counties, together with the amounts received from each county, and the balance due therefrom; provided, that all taxes of each of the several counties that shall be delinquent for four (4) or more years may be consolidated by classes into one account.
B. As a means of accurately establishing the ad valorem tax accounts herein provided for, it is hereby made the duty of the State Board of Equalization to certify annually to the State Auditor and Inspector, within five (5) days after the same shall have been ascertained by such Board for the year, the state equalized value of all property assessed ad valorem in each of the counties of the state, the rate of levy for the year, together with the amount of ad valorem taxes assessed against the property in each of the several counties of the state for the year.
C. For the purpose of maintaining an accurate check and balance on the accounts between the state and the several counties, it shall be the duty of the county clerk of each county to make and file with the State Auditor and Inspector on or before the third Monday following the close of the semiannual periods ending June 30th, and December 31st, of each year, a certified report and statement in writing showing by years and by classes the amount of all taxes due the state, or its fund or funds under its management at close of such periods, together with the dates and amounts of all payments into the State Treasury during such periods, which said statement when so filed with the State Auditor and Inspector shall become a permanent and official record.
D. It shall be the duty of the State Auditor and Inspector, and the State Auditor and Inspector is hereby given full power and authority to reconcile and adjust all tax accounts with the several counties and to require a proper accounting for all revenue laid and levied, or required to be laid and levied, against all properties and subjects selected for taxation by the state in the respective counties, together with the amount thereof collected for or on behalf of the state by any county or any officer thereof.
Added by Laws 1995, c. 325, § 3, eff. July 1, 1995. Amended by Laws 2009, c. 441, § 2, eff. July 1, 2009. Renumbered from § 2 of this title by Laws 2009, c. 441, § 64, eff. July 1, 2009.
§62-34.2. Estimate of funds expected to accrue to General Revenue Fund and Special Revenue Funds - Comprehensive economic report.
A. Agencies responsible for the collection of monies deposited to the credit of the General Revenue Fund and each of the Special Revenue Funds shall be subject to the provisions of this act. Upon request of the Director of the Office of State Finance, these agencies shall provide the Office of State Finance Director an itemized estimate of funds expected to accrue to the General Revenue Fund and each of the Special Revenue Funds for the ensuing fiscal year in the manner and form established by the Director, in accordance with the duties assigned to the State Board of Equalization in Section 23 of Article X of the Oklahoma Constitution. Each of these agencies must also provide to the Director, as requested, a written explanation of the methodology and relevant assumptions used in developing the revenue estimates submitted, a statement of the prior year’s actual revenue collections and a projection of the current year’s revenue collections. No expenditure shall be made from any General Revenue Fund or Special Revenue Fund until such fund has been assigned to an agency by law or by the Director of the Office of State Finance.
B. In addition to providing the information listed above, the Oklahoma Tax Commission shall also provide to the Director of the Office of State Finance a comprehensive economic report no later than two weeks prior to each of the meetings of the State Board of Equalization pursuant to paragraphs 1 and 3 of Section 23 of Article X of the Constitution of the State of Oklahoma. Each report shall include a summary of recent national and state economic performance and a forecast of national and state economic performance for both the current and the upcoming fiscal years. These reports shall be considered a basis upon which the itemized revenue estimates of the Commission are developed. The report shall include an analysis of the relative accuracy of the economic forecasts on which the previous and current fiscal years' revenue estimates were based.
C. The Tax Commission shall also provide all estimates, explanations, statements, projections, reports and other documents required by this section to the President Pro Tempore of the Senate and the Speaker of the House of Representatives at the same time that such documents are provided to the Director of the Office of State Finance.
Added by Laws 1995, c. 325, § 3, eff. July 1, 1995. Added by Laws 2009, c. 441, § 3, eff. July 1, 2009. Renumbered from § 41.7b of this title by Laws 2009, c. 441, § 64, eff. July 1, 2009.
§62-34.3. See the following versions:
OS 62-34.3v1 (HB 1170, Laws 2009, c. 451, § 3).
OS 62-34.3v2 (HB 2015, Laws 2009, c. 441, § 4).
§62-34.3v1. Office of State Finance - Creation - Divisions.
There is hereby created in the Executive Department, the Office of State Finance which shall consist of a Division of the Budget, and a Division of Central Accounting and Reporting, all under the administrative control of the Director of the Office of State Finance and directly responsible to the Director and an Information Services Division under the administrative control of the Chief Information Officer and directly responsible to the Officer.
The terms "State Budget Director" or "Budget Director" appearing in the Oklahoma Statutes shall mean "Director of State Finance".
The terms "State Budget Office", "Division of the Budget" or "Division of Central Accounting and Reporting", or "Information Services Division" appearing in the Oklahoma Statutes shall mean the Office of State Finance or the divisions thereof.
Added by Laws 1947, p. 370, § 3, emerg. eff. Feb. 25, 1947. Amended by Laws 1965, c. 2, § 2, emerg. eff. Jan. 29, 1965; Laws 1968, c. 6, § 1, emerg. eff. Jan. 26, 1968; Laws 1983, c. 334, § 3, emerg. eff. June 30, 1983; Laws 1984, c. 290, § 1, operative July 1, 1984. Renumbered from § 41.3 of this title by Laws 2009, c. 441, § 64, eff. July 1, 2009. Amended by Laws 2009, c. 451, § 3, eff. on the effective date of the appointment of the first Chief Information Officer by the Governor as provided for in Laws 2009, c. 451 § 2.
§62-34.3v2. Office of State Finance - Creation - Divisions.
A. There is hereby created in the Executive Department, the Office of State Finance which shall consist of a Division of the Budget, a Division of Central Accounting and Reporting and an Information Services Division, all under the administrative control of the Director of the Office of State Finance and directly responsible to the Director.
B. The term “state agency” or “agency”, when used in the Oklahoma State Finance Act, shall mean any agency, board, bureau, commission, or other entity organized within the executive department of state government.
C. The term “authorization”, when used in the Oklahoma State Finance Act, shall mean the legislative authorization for an agency to expend a certain amount of money from a specified fund or funds during a specified period of time.
Added by Laws 1947, p. 370, § 3, emerg. eff. Feb. 25, 1947. Amended by Laws 1965, c. 2, § 2, emerg. eff. Jan. 29, 1965; Laws 1968, c. 6, § 1, emerg. eff. Jan. 26, 1968; Laws 1983, c. 334, § 3, emerg. eff. June 30, 1983; Laws 1984, c. 290, § 1, operative July 1, 1984; Laws 2009, c. 441, § 4, eff. July 1, 2009. Renumbered from § 41.3 of this title by Laws 2009, c. 441, § 64, eff. July 1, 2009.
§62-34.4. Revolving Fund for Office of State Finance.
There is hereby created in the State Treasury a Revolving Fund for the Office of State Finance. The revolving fund shall consist of any monies received for rental of machine metered time, sale of scrap cards and paper, and any other miscellaneous receipts. The revolving fund herein created may be expended for the same purposes and in the same manner as appropriated funds.
Added by Laws 1967, c. 311, § 2, emerg. eff. May 16, 1967. Amended by Laws 2009, c. 441, § 5, eff. July 1, 2009. Renumbered from § 41.40 of this title by Laws 2009, c. 441, § 64, eff. July 1, 2009.
§62-34.5. Director of State Finance - Appointment.
The Governor shall appoint a Director of the Office of State Finance, by and with the consent of the Senate, who shall hold office at the pleasure of the Governor and shall continue to serve until a successor is duly appointed and is qualified.
Added by Laws 1947, p. 370, § 5, emerg. eff. Feb. 25, 1947. Amended by Laws 1979, c. 30, § 95, emerg. eff. April 6, 1979; Laws 1983, c. 304, § 54, eff. July 1, 1983; Laws 2009, c. 441, § 6, eff. July 1, 2009. Renumbered from § 41.2 of this title by Laws 2009, c. 441, § 64, eff. July 1, 2009.
§62-34.6. General powers and duties of Director.
A. The Director of the Office of State Finance shall have the power and duty under the direction of the Governor to:
1. Prepare the budget document and assist in the drafting of legislation to make it effective;
2. Make field surveys and studies of governmental agencies, looking toward economy and greater efficiency;
3. Make allotments to control expenditures;
4. Authorize transfers of appropriation authorized by law;
5. Study accounting and other reports rendered by the Central Accounting and Reporting Division;
6. Enter into agreements with the United States Secretary of the Treasury for the purpose of implementing federal law; and
7. Aid the Governor in the economical management of state affairs.
B. In addition to other duties, the Director of the Office of State Finance shall, upon request, advise and consult with members of the Legislature and legislative committees concerning revenue and expenditures of state agencies.
Added by Laws 1947, p. 370, § 4, emerg. eff. Feb. 25, 1947. Amended by Laws 1965, c. 2, § 3, emerg. eff. Jan. 29, 1965; Laws 1981, c. 255, § 1; Laws 1991, c. 254, § 16, eff. July 1, 1991; Laws 2009, c. 441, § 7, eff. July 1, 2009. Renumbered from § 41.4 of this title by Laws 2009, c. 441, § 64, eff. July 1, 2009.
§62-34.7. Experts and assistants of Director.
The Director of the Office of State Finance, with the approval of the Governor, shall employ and make the appointment of such experts and assistants as may be necessary to execute the purposes of the Oklahoma State Finance Act. No appointments to positions shall be made in excess of those positions authorized by the Legislature for the Division of the Budget, the Division of Central Accounting and Reporting and the Information Services Division.
Added by Laws 1947, p. 380, § 23, emerg. eff. Feb. 25, 1947. Amended by Laws 2009, c. 441, § 8, eff. July 1, 2009. Renumbered from § 41.23 of this title by Laws 2009, c. 441, § 64, eff. July 1, 2009.
§62-34.8. Public Information Officer subject to provisions of Merit System.
The position of Public Information Officer within the Office of State Finance shall be subject to the provisions of the Merit System of Personnel Administration prescribed by the Oklahoma Personnel Act, Section 840-1.1 et seq. of Title 74 of the Oklahoma Statutes, and the rules promulgated thereunder.
Added by Laws 1986, c. 267, § 12, operative July 1, 1986. Amended by Laws 2009, c. 441, § 9, eff. July 1, 2009. Renumbered from § 41.42 of this title by Laws 2009, c. 441, § 64, eff. July 1, 2009.
§62-34.9. Classification of funds - Manner of keeping fund accounts.
The Director of the Office of State Finance is hereby authorized and directed to classify funds in the State Treasury and to prescribe the manner of issuance of checks or warrants against each class of funds to accomplish the purpose for which each such fund was created. The State Treasurer shall be, and is, required to keep fund accounts in accordance with such classification. The Director of the Office of State Finance shall group funds of a similar nature in a series of classes. Accounting entities otherwise designated as funds, by other provisions of law, may be retained, deactivated, merged with other such entities or identified as accounts within funds as the Director of the Office of State Finance determines to be appropriate for purposes of the modernization and maintenance of the fund structure of the state.
Added by Laws 1947, p. 365, § 5, emerg. eff. April 16, 1947. Amended by Laws 1973, c. 46, § 13, operative July 1, 1973; Laws 1984, c. 289, § 5, operative July 1, 1984; Laws 2009, c. 441, § 10, eff. July 1, 2009. Renumbered from § 7.5 of this title by Laws 2009, c. 441, § 64, eff. July 1, 2009.
§62-34.10. Annual financial report - Accounting procedures and guidelines.
The Director of the Office of State Finance shall cause to be prepared a comprehensive annual financial report, in accordance with generally accepted accounting principles for governments, and shall further have the general purpose financial statements included in the comprehensive annual financial report audited in accordance with generally accepted auditing standards. The Director is hereby authorized to establish procedures and guidelines which are consistent with those issued by the Government Accounting Standards Board, and which shall be followed by state agencies, colleges and universities and other entities who are included in the report, for purposes of establishing consistent application of accounting principles and to ensure the timeliness of the report.
Added by Laws 1996, c. 290, § 22, eff. July 1, 1996. Amended by Laws 2009, c. 441, § 11, eff. July 1, 2009. Renumbered from § 7.13 of this title by Laws 2009, c. 441, § 64, eff. July 1, 2009.
§62-34.11. Duties and functions of Division of Central Accounting and Reporting.
The Division of Central Accounting and Reporting shall be responsible for accounting and auditing duties and the auditing and settlement of purchase orders, contracts, claims, payrolls, and other obligations.
The Division of Central Accounting and Reporting shall prepare uniform budget and accounting classifications for all state agencies and shall implement appropriate accounting methods and systems in state agencies. The Division of Central Accounting and Reporting shall:
1. Settle all claims payable by this state;
2. Verify distribution of all taxes and other dues collected for local governments;
3. Superintend the recovery of all debts due state government;
4. Keep the central budget and proprietary accounts of the state government;
5. Prepare and issue financial and accounting reports, at least quarterly;
6. Prescribe all forms, systems, and procedure for administering accounting for the several departments and establishments;
7. At the request of a state agency, assist in establishing standards, policies and procedures that ensure a strong and effective system of internal controls and regular monitoring of them;
8. Certify each and every requisition by a duly accredited disbursing officer for an advance of funds from the State Treasury to the Director of the Office of State Finance for approval; and
9. Establish a pre-audit system of settling claims for the entire government of this state and for state agencies in which vouchers supporting proposed payments are submitted to the Office of State Finance for audit and settlement.
Added by Laws 1947, p. 370, § 5, emerg. eff. Feb. 25, 1947. Amended by Laws 1979, c. 30, § 95, emerg. eff. April 6, 1979; Laws 1983, c. 304, § 54, eff. July 1, 1983; Laws 2009, c. 441, § 12, eff. July 1, 2009. Renumbered from § 41.5 of this title by Laws 2009, c. 441, § 64, eff. July 1, 2009.
§62-34.11.1. Chief Information Officer.
A. There is hereby created the position of Chief Information Officer who shall be appointed by the Governor. The Chief Information Officer, in addition to having authority over the Information Services Division of the Office of State Finance, shall also serve as Secretary of Information Technology and Telecommunications or successor cabinet position and shall have jurisdictional areas of responsibility related to information technology and telecommunications systems of all state agencies as provided for in the Oklahoma Information Services Act. The salary of the Chief Information Officer shall not be less than One Hundred Thirty Thousand Dollars ($130,000.00) or more than One Hundred Sixty Thousand Dollars ($160,000.00). The first Chief Information Officer shall be appointed no later than January 1, 2010.
B. Any person appointed to the position of Chief Information Officer shall meet the following eligibility requirements:
1. A baccalaureate degree in Computer Information Systems, Information Systems or Technology Management, Business Administration, Finance, or other similar degree;
2. A minimum of ten (10) years of professional experience with responsibilities for management and support of information systems and information technology, including seven (7) years of direct management of a major information technology operation;
3. Familiarity with local and wide-area network design, implementation, and operation;
4. Experience with data and voice convergence service offerings;
5. Experience in developing technology budgets;
6. Experience in developing request for proposals and administering the bid process;
7. Experience managing professional staff, teams, and consultants;
8. Knowledge of telecommunications operations;
9. Ability to develop and set strategic direction for information technology and telecommunications and to manage daily development and operations functions;
10. An effective communicator who is able to build consensus;
11. Ability to analyze and resolve complex issues, both logical and interpersonal;
12. Effective verbal and written communications skills and effective presentation skills, geared toward coordination and education;
13. Ability to negotiate and defuse conflict; and
14. A self-motivator, independent, cooperative, flexible and creative.
C. The salary and any other expenses for the Chief Information Officer shall be budgeted as a separate line item through the Office of State Finance. The operating expenses of the Information Services Division shall be set by the Chief Information Officer and shall be budgeted as a separate line item through the Office of State Finance. The Office of State Finance shall provide adequate office space, equipment and support necessary to enable the Chief Information Officer to carry out the information technology and telecommunications duties and responsibilities of the Officer and the Information Services Division.
D. 1. Within twelve (12) months of appointment, the first Chief Information Officer shall complete an assessment of the implementation of the transfer, coordination, and modernization of all information technology and telecommunication systems of all state agencies in the state as provided for in the Oklahoma Information Services Act. The assessment shall include the information technology and telecommunications systems of all institutions within The Oklahoma State System of Higher Education, the Oklahoma State Regents for Higher Education and the telecommunications network known as OneNet.
2. Within twelve (12) months of appointment, the first Chief Information Officer shall issue a report setting out a plan of action which will include the following:
a. define the shared service model organization structure and the reporting relationship of the recommended organization,
b. the implementation of an information technology and telecommunications shared services model that defines the statewide infrastructure environment needed by most state agencies that is not specific to individual agencies and the shared applications that are utilized across multiple agencies,
c. define the services that shall be in the shared services model under the control of the Information Services Division of the Office of State Finance,
d. define the roadmap to implement the proposed shared services model. The roadmap shall include recommendations on the transfer, coordination, and modernization of all information technology and telecommunication systems of all the state agencies in the state,
e. recommendations on the reallocation of information technology and telecommunication resources and personnel,
f. recommendations on maximizing the benefits to the state by the alignment and operation of the communications and data transfer network assets known as OneNet,
g. a cost benefit analysis to support the recommendations on the reallocation of information technology and telecommunication resources and personnel, and
h. a calculation of the net savings realized through the reallocation and consolidation of information technology and telecommunication resources and personnel after compensating for the cost of contracting with a private consultant as authorized in paragraph 4 of this subsection, implementing the plan of action, and ongoing costs of the Information Services Division of the Office of State Finance.
3. The plan of action report shall be presented to the Governor, Speaker of the House of Representatives, and the President Pro Tempore of the State Senate.
4. The Chief Information Officer may contract with a private consultant or consultants to assist in the assessment and development of the plan of action report as required in this subsection.
E. Beginning on the effective date of appointment, the Chief Information Officer shall be authorized to employ personnel, fix the duties and compensation of the personnel, not otherwise prescribed by law, and otherwise direct the work of the personnel in performing the function and accomplishing the purposes of the Information Services Division of the Office of State Finance.
F. Beginning on the effective date of the appointment of the first Chief Information Officer, the Information Services Division of the Office of State Finance shall be responsible for the following duties:
1. Formulate and implement the information technology strategy for all state agencies;
2. Define, design, and implement a shared services statewide infrastructure and application environment for information technology and telecommunications for all state agencies;
3. Direct the development and operation of a scalable telecommunications infrastructure that supports data and voice communications reliability, integrity, and security;
4. Supervise the applications development process for those applications that are utilized across multiple agencies;
5. Provide direction for the professional development of information technology staff of state agencies and oversee the professional development of the staff of the Information Services Division of the Office of State Finance;
6. Evaluate all technology and telecommunication investment choices for all state agencies;
7. Create a plan to ensure alignment of current systems, tools, and processes with the strategic information technology plan for all state agencies;
8. Set direction and provide oversight for the support and continuous upgrading of the current information technology and telecommunication infrastructure in the state in support of enhanced reliability, user service levels, and security;
9. Direct the development, implementation, and management of appropriate standards, policies and procedures to ensure the success of state information technology and telecommunication initiatives;
10. Recruit, hire and transfer the required technical staff in the Information Services Division of the Office of State Finance to support the services provided by the Division and the execution of the strategic information technology plan;
11. Establish, maintain, and enforce information technology and telecommunication standards;
12. Delegate, coordinate, and review all work to ensure quality and efficient operation of the Information Services Division of the Office of State Finance;
13. Create and implement a communication plan that disseminates pertinent information to state agencies on standards, policies, procedures, service levels, project status, and other important information to customers of the Information Services Division of the Office of State Finance and provide for agency feedback and performance evaluation by customers of the Division;
14. Develop and implement training programs for state agencies using the shared services of the Information Services Division of the Office of State Finance and recommend training programs to state agencies on information technology and telecommunication systems, products and procedures;
15. Provide counseling, performance evaluation, training, motivation, discipline, and assign duties for employees of the Information Services Division of the Office of State Finance;
16. Approve the purchasing of all information technology and telecommunication products and services for all state agencies;
17. Develop and enforce an overall infrastructure architecture strategy and associated roadmaps for desktop, network, server, storage, and statewide management systems for state agencies;
18. Effectively manage the design, implementation and support of complex, highly available infrastructure to ensure optimal performance, on-time delivery of features, and new products, and scalable growth;
19. Define and implement a governance model for requesting services and monitoring service level metrics for all shared services; and
20. Create the budget for the Information Services Division of the Office of State Finance to be submitted to the Legislature each year.
G. Upon receiving approval of the State Governmental Technology Applications Review Board, the Chief Information Officer shall implement the plan of action as set forth in subsection D of this section; provided, the plan of action for the Department of Human Services shall not be implemented until July 1, 2011. The State Governmental Technology Applications Review Board shall provide ongoing oversight of the implementation of the plan of action. Any proposed amendments to the plan of action shall be approved by the Board prior to adoption. The net savings realized through the reallocation and consolidation of information technology and telecommunication resources and personnel after compensating for the up-front costs and ongoing costs of the Information Services Division of the Office of State Finance which are identified and reported in the plan of action shall be realized no later than two (2) years from the appointment date of the Chief Information Officer and shall at a minimum be not less than fifteen percent (15%) of the overall statewide information technology and telecommunications expenditures made by all state agencies during the fiscal year ending June 30, 2009.
H. Beginning on the effective date of appointment, the Chief Information Officer shall act as the Information Technology and Telecommunications Purchasing Director for all state agencies and shall be responsible for the procurement of all information technology and telecommunication software, hardware, equipment, peripheral devices, maintenance, consulting services, high technology systems, and other related information technology, data processing, telecommunication and related peripherals and services for all state agencies. The Chief Information Officer shall establish, implement, and enforce policies and procedures for the procurement of information technology and telecommunication software, hardware, equipment, peripheral devices, maintenance, consulting services, high technology systems, and other related information technology, data processing, telecommunication and related peripherals and services by purchase, lease-purchase, lease with option to purchase, lease and rental for all state agencies. The procurement policies and procedures established by the Chief Information Officer shall be consistent with The Oklahoma Central Purchasing Act.
I. The Information Services Division of the Office of State Finance and the Chief Information Officer shall be subject to The Oklahoma Central Purchasing Act for the approval and purchase of equipment and products not related to information and telecommunications technology, equipment, software, products and related peripherals and services and shall also be subject to the requirements of the Public Competitive Bidding Act of 1974, the Oklahoma Lighting Energy Conservation Act and the Public Building Construction and Planning Act when procuring data processing, information technology, telecommunication, and related peripherals and services and when constructing information technology and telecommunication facilities, telecommunication networks and supporting infrastructure. The Chief Information Officer shall be authorized to delegate all or some of the procurement of information technology and telecommunication products and services and construction of facilities and telecommunication networks to another state entity if the Chief Information Officer determines it to be cost-effective and in the best interest of the state. The Chief Information Officer shall have authority to designate information technology and telecommunication contracts as statewide contracts and mandatory statewide contracts pursuant to Section 85.5 of Title 74 of the Oklahoma Statutes.
J. The Chief Information Officer shall establish and implement charges and a system to assess the charges to state agencies for their use of shared information technology and telecommunication services subject to the approval of the State Governmental Technology Applications Review Board.
K. The Chief Information Officer shall establish, implement, and enforce policies and procedure for the development and procurement of an interoperable radio communications system for state agencies. The Chief Information Officer shall work with local governmental entities in developing the interoperable radio communications system.
L. The Chief Information Officer shall develop and implement a plan to utilize open source technology and products for the information technology and telecommunication systems of all state agencies.
M. All state agencies and authorities of this state and all officers and employees of those entities shall work and cooperate with and lend assistance to the Chief Information Officer and the Information Services Division of the Office of State Finance and provide any and all information requested by the Chief Information Officer.
N. The Chief Information Officer shall prepare an annual report detailing the ongoing net saving attributable to the reallocation and consolidation of information technology and telecommunication resources and personnel and shall submit the report to the Governor, the Speaker of the House of Representatives, and the President Pro Tempore of the Senate.
O. For purposes of the Oklahoma Information Services Act, unless otherwise provided for, “state agencies” shall include any office, officer, bureau, board, commission, counsel, unit, division, body, authority or institution of the executive branch of state government, whether elected or appointed; provided, except with respect to the provisions of subsection D of this section, the term “state agencies” shall not include institutions within The Oklahoma State System of Higher Education, the Oklahoma State Regents for Higher Education and the telecommunications network known as OneNet.
Added by Laws 2009, c. 451, § 2. Renumbered from § 41.5.1 of this title by Laws 2009, c. 451, § 24, eff. July 1, 2009.
§62-34.12. See the following versions:
OS 62-34.12v1 (HB 1170, Laws 2009, c. 451, § 4).
OS 62-34.12v2 (HB 1755, Laws 2009, c. 454, § 7).
§62-34.12v1. Information Services Division - Powers and duties.
A. The Information Services Division of the Office of State Finance shall:
1. Coordinate information technology planning through analysis of the long-term information technology plans for each agency;
2. Develop a statewide information technology plan with annual modifications to include, but not be limited to, individual agency plans and information systems plans for the statewide electronic information technology function;
3. Establish and enforce minimum mandatory standards for:
a. information systems planning,
b. systems development methodology,
c. documentation,
d. hardware requirements and compatibility,
e. operating systems compatibility,
f. acquisition of software, hardware and technology-related services,
g. information security and internal controls,
h. data base compatibility,
i. contingency planning and disaster recovery, and
j. imaging systems, copiers, facsimile systems, printers, scanning systems and any associated supplies.
The standards shall, upon adoption, be the minimum requirements applicable to all agencies. These standards shall be compatible with the standards established for the Oklahoma Government Telecommunications Network. Individual agency standards may be more specific than statewide requirements but shall in no case be less than the minimum mandatory standards. Where standards required of an individual agency of the state by agencies of the federal government are more strict than the state minimum standards, such federal requirements shall be applicable;
4. Develop and maintain applications for agencies not having the capacity to do so;
5. Operate an information technology service center to provide operations and hardware support for agencies requiring such services and for statewide systems;
6. Maintain a directory of the following which have a value of Five Hundred Dollars ($500.00) or more: application systems, systems software, hardware, internal and external information technology, communication or telecommunication equipment owned, leased, or rented for use in communication services for state government, including communication services provided as part of any other total system to be used by the state or any of its agencies, and studies and training courses in use by all agencies of the state; and facilitate the utilization of the resources by any agency having requirements which are found to be available within any agency of the state;
7. Assist agencies in the acquisition and utilization of information technology systems and hardware to effectuate the maximum benefit for the provision of services and accomplishment of the duties and responsibilities of agencies of the state;
8. Coordinate for the executive branch of state government agency information technology activities, encourage joint projects and common systems, linking of agency systems through the review of agency plans, review and approval of all statewide contracts for software, hardware and information technology consulting services and development of a statewide plan and its integration with the budget process to ensure that developments or acquisitions are consistent with statewide objectives and that proposed systems are justified and cost effective;
9. Develop performance reporting guidelines for information technology facilities and conduct an annual review to compare agency plans and budgets with results and expenditures;
10. Establish operations review procedures for information technology installations operated by agencies of the state for independent assessment of productivity, efficiency, cost effectiveness, and security;
11. Establish service center user charges for billing costs to agencies based on the use of all resources;
12. Provide system development and consultant support to state agencies on a contractual, cost reimbursement basis; and
13. In conjunction with the Oklahoma Office of Homeland Security, enforce the minimum information security and internal control standards established by the Information Services Division. An enforcement team consisting of the Chief Information Officer of the Information Services Division or a designee, a representative of the Oklahoma Office of Homeland Security, and a representative of the Oklahoma State Bureau of Investigation shall enforce the minimum information security and internal control standards. If the enforcement team determines that an agency is not in compliance with the minimum information security and internal control standards, the Chief Information Officer shall take immediate action to mitigate the noncompliance, including the removal of the agency from the infrastructure of the state until the agency becomes compliant, taking control of the information technology function of the agency until the agency is compliant, and transferring the administration and management of the information technology function of the agency to the Information Services Division or another state agency.
B. No agency of the executive branch of the state shall use state funds for or enter into any agreement for the acquisition of any category of computer hardware, software or any contract for information technology services and equipment exceeding Ten Thousand Dollars ($10,000.00) in value, which shall include the acquisition amount, service costs, maintenance costs, or any other costs or fees associated with the acquisition of the services or equipment, without written authorization of the Chief Information Officer. The provisions of this subsection shall not be applicable to any member of The Oklahoma State System of Higher Education, any public elementary or secondary schools of the state, or any technology center school district as defined in Section 14-108 of Title 70 of the Oklahoma Statutes.
C. The Chief Information Officer and Information Services Division of the Office of State Finance and all agencies of the executive branch of the state shall not be required to disclose, directly or indirectly, any information of a state agency which is declared to be confidential or privileged by state or federal statute or the disclosure of which is restricted by agreement with the United States or one of its agencies, nor disclose information technology system details that may permit the access to confidential information or any information affecting personal security, personal identity, or physical security of state assets.
Added by Laws 1984, c. 290, § 2, operative July 1, 1984. Amended by Laws 1992, c. 268, § 5, eff. Sept. 1, 1992; Laws 2001, c. 33, § 51, eff. July 1, 2001; Laws 2005, c. 391, § 1, eff. July 1, 2005; Laws 2006, c. 266, § 1, eff. July 1, 2006. Renumbered from § 41.5a of this title by Laws 2009, c. 441, § 64, eff. July 1, 2009. Amended by Laws 2009, c. 451, § 4, eff. on the effective date of the appointment of the first Chief Information Officer by the Governor as provided for in Laws 2009, c. 451 § 2.
§62-34.12v2. Information Services Division - Powers and duties.
A. The Information Services Division shall:
1. Coordinate information technology planning through analysis of the long-term information technology plans for each agency;
2. Develop a statewide information technology plan with annual modifications to include, but not be limited to, individual agency plans and information systems plans for the statewide electronic information technology function;
3. Establish and enforce minimum mandatory standards for:
a. information systems planning,
b. systems development methodology,
c. documentation,
d. hardware requirements and compatibility,
e. operating systems compatibility,
f. software and hardware acquisition,
g. information security and internal controls,
h. data base compatibility, and
i. contingency planning and disaster recovery.
The standards shall, upon adoption, be the minimum requirements applicable to all agencies. These standards shall be compatible with the standards established for the Oklahoma Government Telecommunications Network created in Section 41.5m of this title. Individual agency standards may be more specific than statewide requirements but shall in no case be less than the minimum mandatory standards. Where standards required of an individual agency of the state by agencies of the federal government are more strict than the state minimum standards, such federal requirements shall be applicable;
4. Develop and maintain applications for agencies not having the capacity to do so;
5. Operate an information technology service center to provide operations and hardware support for agencies requiring such services and for statewide systems;
6. Maintain a directory of the following which have a value of Five Hundred Dollars ($500.00) or more: application systems, systems software, hardware, internal and external information technology, communication or telecommunication equipment owned, leased, or rented for use in communication services for state government, including communication services provided as part of any other total system to be used by the state or any of its agencies, and studies and training courses in use by all agencies of the state; and facilitate the utilization of the resources by any agency having requirements which are found to be available within any agency of the state;
7. Assist agencies in the acquisition and utilization of information technology systems and hardware to effectuate the maximum benefit for the provision of services and accomplishment of the duties and responsibilities of agencies of the state;
8. Coordinate for the executive branch of state government agency information technology activities, encourage joint projects and common systems, and linking of agency systems through the review of agency plans, development of a statewide plan and its integration with the budget process to ensure that developments or acquisitions are consistent with statewide objectives and that proposed systems are justified and cost effective;
9. Develop performance reporting guidelines for information technology facilities and conduct an annual review to compare agency plans and budgets with results and expenditures;
10. Establish operations review procedures for information technology installations operated by agencies of the state for independent assessment of productivity, efficiency, cost effectiveness, and security;
11. Establish service center user charges for billing costs to agencies based on the use of all resources;
12. Provide system development and consultant support to state agencies on a contractual, cost reimbursement basis; and
13. In conjunction with the Oklahoma Office of Homeland Security, enforce the minimum information security and internal control standards established by the Information Services Division. An enforcement team consisting of the Director of the Information Services Division or a designee, a representative of the Oklahoma Office of Homeland Security, and a representative of the Oklahoma State Bureau of Investigation shall enforce the minimum information security and internal control standards. An agency that is not in compliance with the minimum information security and internal control standards shall be notified. The agency will be required to submit a plan for becoming compliant within a specified time period, based on the severity of the noncompliance. If the agency does not become compliant with the minimum information security and internal control standards within the specified time period, the enforcement team shall institute progressive a