Okla. Stat. tit. 74, § 74-85.58Av1

Administrator - Participation by community action agencies.

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 of

liability, or by other means;

4. Consolidate and administer risk management plans and

programs including self-insurance programs, except the Oklahoma

Employees Insurance Plan;

Oklahoma Statutes - Title 74. State Government Page 234

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 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 established pursuant to this section. If

appointed by the Director as a state employee, the Risk Management

Administrator shall be in the unclassified service.

Oklahoma Statutes - Title 74. State Government Page 235

D. The Risk Management Administrator shall evaluate insurance

coverage needs and in force for state agencies, whether or not

subject to the Oklahoma Central Purchasing Act, and other entities
ursuant to this section. If

appointed by the Director as a state employee, the Risk Management

Administrator shall be in the unclassified service.

Oklahoma Statutes - Title 74. State Government Page 235

D. The Risk Management Administrator shall evaluate insurance

coverage needs and in force for state agencies, whether or not

subject to the Oklahoma Central Purchasing Act, and other entities

as provided by law. All entities shall submit to the Risk

Management Administrator all information which the Risk Management

Administrator deems necessary to perform this duty.

E. The Risk Management Administrator in conjunction with the

State Purchasing Director under the authority of the Director of the

Office of Management and Enterprise Services may negotiate insurance

coverage and insurance-related services including, but not limited

to, insurance brokerage and consulting services. The State

Purchasing Director shall ensure open processes for solicitation and

qualification of insurance coverage and services providers. The

State Purchasing Director shall award contracts for insurance

coverage and services to the provider or providers which offer the

best and final terms and conditions. The State Purchasing Director

may authorize the Risk Management Administrator to bind for

insurance coverage with providers.

F. The school districts of this state may request the Risk

Management Administrator to advise for the purchase of insurance

coverage for the school districts.

G. A state agency, whether or not subject to the Oklahoma

Central Purchasing Act, that contemplates purchase of property and

casualty insurance, shall provide details of the proposed purchase

to the Risk Management Administrator for approval or disapproval

prior to the purchase.

H. The Director of the Office of Management and Enterprise

Services shall promulgate rules to effect the provisions of the

comprehensive professional risk management program.

I. 1. a. Any community action agency established pursuant to

Sections 5035 through 5040.1 of this title may

participate in the comprehensive professional risk

management program established pursuant to this

section for risks incurred as a result of operating a

Head Start program or providing transportation

services to the public. The Risk Management

Administrator shall obtain or provide for insurance

coverage for such community action agencies or bonding

for employees of such community action agencies. Any

liability insurance coverage obtained or provided

shall include expenses for administrative and legal

services obtained or provided by the Risk Management

Administrator.

b. The Risk Management Administrator shall determine

criteria for participation in the risk management

program by such community action agencies. In

Oklahoma Statutes - Title 74. State Government Page 236

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
ion in the risk management

program by such community action agencies. In

Oklahoma Statutes - Title 74. State Government Page 236

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.

J. The Risk Management Administrator may provide or obtain for

any state agency, public trust with the state as a beneficiary and a

director, officer, employee or member thereof, insurance for

liability for loss, including judgments, awards, settlements, costs

and legal expenses, resulting from violations of rights or

privileges secured by the Constitution or laws of the United States

of America which occur while a director, officer, employee or member

is acting within the scope of service to the State of Oklahoma. The

insurance shall be for coverage in excess of the limits on liability

established by The Governmental Tort Claims Act but shall not limit

or waive any immunities now or hereafter available to the State of

Oklahoma or any state agency, any public trust with the state as a

beneficiary, or any director, officer, employee or member thereof

including, but not limited to, any immunities under the Eleventh

Amendment to the Constitution of the United States, state sovereign

immunity, and any absolute or qualified immunity held by any

director, officer, employee or member.