US Laws, Codes, Statutes & Cases

OKLAHOMA STATUTES

TITLE 74.

STATE GOVERNMENT

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§741.  Office  Location of.

The governor shall keep his office at the seat of government, in which shall be transacted the business of the executive department of the state.

R.L.1910, § 8051.  

§742.  May remove officers appointed.

The Governor shall have power to remove any officers appointed by him, in case of incompetency, neglect of duty, or malfeasance in office; and may then fill the same as provided in cases of vacancy.

R.L.1910, § 8052.  

§742.1.  Filing of Gubernatorial appointments with Senate.

All Gubernatorial appointments to state agencies, boards and commissions which require confirmation by the Senate and which occur when the Legislature is not in session shall be filed by the Governor with the President Pro Tempore of the Senate within ten (10) days of the time said appointments are made by the Governor.

Laws 1981, c. 272, § 43, eff. July 1, 1981.  

§742.2.  Vacancies requiring legislative confirmation  Interim appointments.

A.  When a vacancy occurs in any position in state government and appointment to the position for a full term is subject to confirmation by one or both houses of the Legislature, such confirmation shall be required for the appointment to fill the vacancy for the unexpired term.

B.  A person whose nomination has been submitted to the Legislature may be appointed to hold such office on an acting or interim basis and may assume the duties of the office and receive any compensation or travel reimbursement allowed by law for the position pending confirmation by one or both houses of the Legislature.  No person whose nomination has been withdrawn by the Governor or other appointing authority after the effective date of this act or rejected by one or both houses of the Legislature after the effective date of this act shall be eligible to hold such office on an acting or interim basis.  Provided, such person shall be eligible for acting or interim appointment if requested by the appropriate house or houses of the Legislature.

Added by Laws 1988, c. 303, § 36, emerg. eff. July 1, 1988.  

§74-2.3.  "Congressional district" defined.

A.  Except where otherwise specified by law, the term "congressional district", when used with respect to the appointment of a member of a state board, commission, authority, or other statutory entity, shall mean the district as most recently configured by law.

B.  For entities which subsection A of this section renders out of compliance with specific statutory requirements, subsequent appointments shall be so made as to cause compliance to be effected at the earliest possible date.

Added by Laws 1992, c. 364, § 1, emerg. eff. June 4, 1992.

§74-2.4.  Change in number of congressional districts - Conflicts in board membership requirements.

If a change in the number of congressional districts creates a conflict between a requirement that a board, commission, authority, or other statutory entity shall have a specified number of members and a requirement that one or more members shall be appointed from each congressional district, the appointing authority shall make appointments as follows:

1.  If the conflict has been created by a decrease in the number of districts, the appointing authority shall make additional appointments as necessary to maintain a full board and may make said additional appointments without regard to the appointee's district of residence; and

2.  If the conflict has been created by an increase in the number of districts, the appointing authority shall make only such appointments as are necessary to maintain a full board, doing so in such fashion that the members are distributed among the districts to the greatest possible extent.

Added by Laws 1992, c. 364, § 13, emerg. eff. June 4, 1992.

§743.  Journal of official acts.

He shall keep a journal in the executive office in which shall be made an entry of every official act done by him and the time when done.  If, in cases of emergency, acts are done elsewhere than in such office, an entry thereof shall be made in the journal as soon thereafter as possible.

R.L.1910, § 8053.  

§744.  Military record to be kept.

The Governor shall cause a military record to be kept, in which shall be made an entry of every act done by him as commander in chief.

R.L.1910, § 8054.  

§745.  Reward for criminal's arrest.

Whenever the Governor is satisfied that any crime has been committed within the state, and that the person charged therewith has not been arrested, or has escaped therefrom, in his discretion he may offer a reward not exceeding Five Hundred Dollars ($500.00) for the arrest and delivery to the proper authorities of the person so charged, which reward shall be audited upon the certificate of the governor that the same has been earned and paid out of any appropriation available therefor.

R.L.1910, § 8055.  

§746.  May employ counsel for State.

The Governor shall have power to employ counsel to protect the rights or interests of the state in any action or proceeding, civil or criminal, which has been, or is about to be commenced, and the counsel so employed by him may, under the direction of the Governor, plead in any cause, matter, or proceeding in which the state is interested or a party, may prosecute offenses against the law of the state, and may institute and conduct proceedings before grand juries; provided, that nothing herein contained shall limit the power of courts of record to appoint an attorney to prosecute criminal actions in such courts when the district attorney is disqualified or unable to act.

R.L.1910, § 8056.  

§747.  Maintenance of Governor's mansion.

The Governor of the State of Oklahoma is hereby authorized, at the expense of the state, and within the limitations of the appropriation authorized below, to maintain in such manner as the governor deems necessary and appropriate, the mansion provided for his occupancy by the State of Oklahoma and to pay all expenses connected with said occupancy.  Such expenses shall include food, entertainment and such other expenditures as would be necessary and proper for the Governor, the family and the guests of the Governor when the duties of the Office of Governor dictate such expenditures.  The expense of the occupancy and upkeep of the Governor's Mansion shall be from funds appropriated annually by the Legislature from the General Revenue Fund for such purposes.  The funds shall be paid monthly upon a claim approved by the Governor of Oklahoma.  The Governor shall deposit such funds in a separate account and shall keep a separate record of all expenditures.  At the end of the fiscal year, the Governor shall submit an itemized report, or final accounting, of such expenditures to the State Auditor and Inspector.  Such report shall be a public record and shall be made available for inspection upon demand.

Added by Laws 1929, c. 272, p. 395, § 1, emerg. eff. June 13, 1929.  Amended by Laws 1983, c. 334, § 7, emerg. eff. June 30, 1983; Laws 1992, c. 332, § 8, eff. July 1, 1992; Laws 1999, c. 165, § 1, eff. Nov. 1, 1999.

§748.  Governor  Incapacity  Devolution of powers and duties.

A.  The Office of Governor, with its compensation, shall devolve upon the Lieutenant Governor or the person who is next in succession to the Office pursuant to the provisions of Section 15 of Article VI of the Oklahoma Constitution if the Governor transmits to the President Pro Tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his Office.  The Lieutenant Governor or other successor shall hold the Office until the Governor transmits to the President Pro Tempore of the Senate and the Speaker of the House of Representatives a written declaration that he is able to perform the powers and duties of his Office.

B.  If a majority of a committee, comprised of the State Auditor and Inspector, State Treasurer, Superintendent of Public Instruction, Chairman of the Corporation Commission and Insurance Commissioner, transmits to the President Pro Tempore of the Senate, the Speaker of the House of Representatives and the Governor its written declaration that the Governor is unable to discharge the powers and duties of his Office, then the Office, with its compensation, shall devolve upon the Lieutenant Governor or other successor in fortyeight (48) hours unless the Governor transmits to the President Pro Tempore of the Senate, the Speaker of the House of Representatives and the members of the committee a written declaration to the contrary within the same fortyeighthour time period.

C.  If, within fortyeight (48) hours after the Governor transmits such a declaration, a majority of the committee provided in subsection B of this section transmits to the President Pro Tempore of the Senate and the Speaker of the House of Representatives a written declaration that the Governor is unable to perform the powers and duties of his Office, then the Legislature shall convene within seventytwo (72) hours.  If a resolution declaring probable justification for a determination that inability exists is not adopted by twothirds (2/3) of the members of each house of the Legislature within seventytwo (72) hours after the Legislature convenes, then the Governor shall continue to hold the Office.

If such a resolution is adopted by twothirds (2/3) of the members of each house of the Legislature within seventytwo (72) hours after the Legislature convenes, then a copy of the resolution shall be transmitted immediately to the Supreme Court.

D.  The Supreme Court shall determine the issue of the inability of the Governor, by preference and with priority over all other matters, under such rules as it shall adopt.  If the Supreme Court determines that the Governor is unable to perform the powers and duties of his Office, then the Office, with its compensation, shall devolve upon the Lieutenant Governor or other successor.  If the Supreme Court determines that the Governor is able, then he shall continue to hold the Office.

E.  If the Office has devolved upon the Lieutenant Governor or other successor pursuant to the provisions of this act, and a majority of the committee provided in subsection B of this section transmits to the President Pro Tempore of the Senate and the Speaker of the House of Representatives a written declaration that the Governor is able to perform the powers and duties of his Office, then the Supreme Court shall determine the issue pursuant to the provisions of subsection D of this section.

F.  When the Office has devolved upon the Lieutenant Governor or other successor, the provisions of this act shall also apply to the person holding the Office.

Added by Laws 1985, c. 111, § 1, emerg. eff. May 28, 1985.  

§749.2.  SECTION 749.2  Other necessary committees  Expenses.

In the event the United States of America becomes actually at war with any foreign power, or to cooperate with the National Defense Program, the Governor may, if necessity demands, appoint committees as the need may arise to deal with defense problems affecting this state and may pay the expenses of same out of any contingency fund appropriated for the use of the Governor.

Laws 1941, p. 439, § 2.  

§749.11.  Division of Planning and Management Analysis.

There is hereby created within the Office of the Governor a Division of Planning and Management Analysis.  The Division is to accomplish the following purposes:

(1)  Provide technical assistance to the Governor and Legislature in identifying long range goals and objectives for the states, to include studies pertaining to governmental organization to best accomplish these goals and objectives.

(2)  Provide assistance and coordination to state agencies in the identification of programs essential for the accomplishment of approved goals and objectives.

(3)  Provide assistance to state agencies in the preparation of organizational and operational plans to include cost benefit analysis for the most effective and efficient accomplishment of identified programs.

(4)  Provide coordination and review of plans in functional areas of state government as may be necessary for the receipt of federal funds, and to insure that the receipt of such funds will in fact compliment the attainment of approved state goals and objectives.

(5)  Participate with other states or subdivisions thereof in interstate planning, assist governmental conferences or councils and regional planning commissions in actions of mutual benefit.

Laws 1975, c. 140, § 2, emerg. eff. May 20, 1975.  

§749.21.  Office of Handicapped Concerns  Creation.

There is hereby established an agency of the executive branch of state government to be known as the Office of Handicapped Concerns.

Laws 1980, c. 135, § 1.  

§749.22.  Powers and duties.

The Office of Handicapped Concerns shall have the following powers and duties:

1.  To identify the needs of people with disabilities on a continuing basis and to attempt to meet those needs;

2.  To serve as a referral and information source for people with disabilities seeking services and for agencies seeking assistance in their provision of services;

3.  To generate community awareness and support of programs for people with disabilities;

4.  To advise and assist the Governor and the Legislature in developing policies to meet the needs of people with disabilities; and

5.  To assist agencies in meeting the requirements of Public Law 93112, and subsequent amendments thereto, as the same pertain to people with disabilities.

Added by Laws 1980, c. 135, § 2.  Amended by Laws 1996, c. 132, § 1, eff. Nov. 1, 1996.

§749.23.  Director  Appointment, duties and compensation of employees.

A.  The Office of Handicapped Concerns shall be administered by a Director who shall be appointed by the Governor and serve at the pleasure of the Governor.  Such appointment shall be subject to Senate confirmation within thirty (30) days after the appointment or the convening of the next legislative session, if the Legislature is not in session on the date of appointment.

B.  The Director shall and is hereby authorized to appoint and fix the duties and compensation of employees, not otherwise prescribed by law, and otherwise direct the work of the staff in performing the functions and accomplishing the purposes of the Office of Handicapped Concerns.

Laws 1980, c. 135, § 3.  

§749.24.  Duties of Office of Handicapped Concerns.

The Office of Handicapped Concerns shall be responsible for the following duties:

1.  To carry out the responsibilities of the Governor's Advisory Committee on Employment of People with Disabilities;

2.  To provide referral assistance, continuing needs assessment and to advise and assist private and public agencies in statewide policy development concerning people with disabilities; and

3.  To implement the provisions of Public Law 93112, and subsequent amendments thereto, as such pertain to people with disabilities.

Added by Laws 1980, c. 135, § 4, eff. July 1, 1980.  Amended by Laws 1986, c. 169, § 5, operative July 1, 1986; Laws 1996, c. 132, § 2, eff. Nov. 1, 1996.

§74-9.25.  Assistance of Governor's Advisory Committee on Employment of People with Disabilities and Governor's Advisory Committee to the Office of Handicapped Concerns.

The Office of Handicapped Concerns shall be assisted by the Governor's Advisory Committee on Employment of People with Disabilities and the Governor's Advisory Committee to the Office of Handicapped Concerns.

Added by Laws 1980, c. 135, § 5.  Amended by Laws 1996, c. 132, § 3, eff. Nov. 1, 1996.

§749.26.  Governor's Advisory Committee to the Office of Handicapped Concerns  Membership  Term.

The Governor's Advisory Committee to the Office of Handicapped Concerns shall be composed of forty (40) members who shall be appointed by the Governor.  Such members shall serve at the pleasure of the Governor.  Twenty of such members shall be people with disabilities or the parents of people with disabilities.  All members of the Committee traveling on authorized state business may be reimbursed for expenses incurred in such travel in accordance with the State Travel Reimbursement Act, Section 500.1 et seq. of this title.

Added by Laws 1980, c. 135, § 6.  Amended by Laws 1996, c. 132, § 4, eff. Nov. 1, 1996.

§749.27.  Rules and Regulations.

The Office of Handicapped Concerns is hereby authorized to make necessary rules and regulations to carry out the provisions of this act.

Laws 1980, c. 135, § 7.  

§749.27A.  Client Assistance Program.

The office is hereby authorized to conduct the Client Assistance Program for theState of Oklahoma under the terms of Section 112 of the Rehabilitation Act of 1973 as amended as long as federal funds are available.  The office is authorized to pursue legal and administrative remedies necessary to operate this program.

Added by Laws 1986, c. 169, § 4, operative July 1, 1986. Amended by Laws 1987, c. 206, § 7, operative July 1, 1987; Laws 1987, c. 236, § 1, emerg. eff. July 20, 1987.  

§74-9.28.  Transfer of powers and duties, etc. of Governor's Advisory Committee on Employment of People with Disabilities to the Office of Handicapped Concerns.

All the powers, duties, functions, records, employees, property, matters pending and funds of the Governor's Advisory Committee on Employment of People with Disabilities are hereby transferred to the Office of Handicapped Concerns.

Added by Laws 1980, c. 135, § 8.  Amended by Laws 1996, c. 132, § 5, eff. Nov. 1, 1996.

§74-9.29.  The Governor's Advisory Committee on Employment of People with Disabilities - Creation.

There is hereby created within the Office of Handicapped Concerns a division for "The Governor's Advisory Committee on Employment of People with Disabilities".

Added by Laws 1957, p. 522, § 1, emerg. eff. May 24, 1957.  Amended by Laws 1980, c. 135, § 9.  Renumbered from Title 40, § 301 by Laws 1980, c. 135, § 16.  Amended by Laws 1996, c. 132, § 6, eff. Nov. 1, 1996.

§749.30.  Purpose of act  Cooperation with other agencies.

The purpose of this act is to carry on a continuing program to promote the employment of the physically, mentally, emotionally, and otherwise people with disabilities of Oklahoma by creating statewide interest in the rehabilitation and employment of people with disabilities, and by obtaining and maintaining cooperation with all public and private groups and individuals in this field.  The Governor's Committee shall work in close cooperation with the President's Committee on Employment of People with Disabilities to more effectively carry out the purpose of this act, and with state and federal agencies having responsibilities for employment and rehabilitation of people with disabilities.

Added by Laws 1957, p. 522, § 2, emerg. eff. May 24, 1957.  Renumbered from Title 40, § 302 by Laws 1980, c. 135, § 16.  Amended by Laws 1996, c. 132, § 7, eff. Nov. 1, 1996.

§74-9.31.  Governor's Advisory Committee on Employment of People with Disabilities - Membership - Appointment - Vacancies - Travel expenses.

The Governor's Advisory Committee on Employment of People with Disabilities shall consist of not more than seventy-five (75) members composed of state leaders of industry, business, agriculture, labor, veterans, women, religious, educational, civic, fraternal, welfare, scientific, and medical and other professions, groups or individuals who shall be appointed by the Governor for a term of two (2), four (4) or six (6) years.  Vacancies on the Committee shall be filled by the Governor.  All members of the Committee traveling on authorized state business may be reimbursed for expenses incurred in such travel in accordance with the State Travel Reimbursement Act, Section 500.1 et seq. of this title.

Added by Laws 1957, p. 523, § 3, emerg. eff. May 24, 1957.  Amended by Laws 1980, c. 135, § 10.  Renumbered from Title 40, § 303 by Laws 1980, c. 135, § 16.  Amended by Laws 1996, c. 132, § 8, eff. Nov. 1, 1996.

§749.32.  Executive committee.

The Governor's Advisory Committee on Employment of People with Disabilities shall elect from its membership, a chair, vice-chair, secretarytreasurer, and eight other members to serve on the executive committee.  The officers shall be elected for a term of one (1) year, but may succeed themselves.  The administrative powers and duties of the Committee shall be vested in the executive committee.  An organizational meeting shall be held within sixty (60) days after fifty members of the Committee have been appointed and qualified.  The full Committee shall meet semiannually, but, at the request of the chair or executive committee, special meetings may be called.  The executive committee shall meet quarterly, but special meetings may be called by the chair or six members of the executive committee.

Added by Laws 1957, p. 523, § 5, emerg. eff. May 24, 1957.  Amended by Laws 1980, c. 135, § 11.  Renumbered from Title 40, § 305 by Laws 1980, c. 135, § 16.  Amended by Laws 1996, c. 132, § 9, eff. Nov. 1, 1996.

§749.33.  Revolving Fund.

There is created in the State Treasury a revolving fund for the Office of Handicapped Concerns to be designated as the "Office of Handicapped Concerns Revolving Fund".  The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all nonfederal monies received by the Office of Handicapped Concerns, including receipts, from any state agency or institution, gifts, contributions, donations and bequests.  All monies accruing to the credit of said fund are hereby appropriated and may be budgeted and expended by the Office of Handicapped Concerns to perform duties as prescribed by law.  Expenditures from said fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of State Finance for approval and payment.

Amended by Laws 1988, c. 174, § 4, operative July 1, 1988.  

§749.34.  Gifts, donations, bequests or grants.

The Office of Handicapped Concerns shall accept, hold in trust, and authorize the use of any grant or devise of land, or any donations or bequests of money or other personal property made to the Office so long as the terms of the grant, donation, bequest or will are carried out.  The Office may invest and reinvest any funds and money, lease, or sell any real or personal property, and invest the proceeds for the purpose of promoting the wellbeing of people with disabilities unless prohibited by the terms of the grant, donation, bequest, gift, or will.  If, due to circumstances, the requests of the person or persons making the grant, donation, bequest, gift, or will cannot be carried out, the Office shall have the authority to use the remainder thereof for the purposes of this act.  Said funds shall be deposited to the revolving fund to carry out the provisions of this act.  Such gifts, donations, bequests, or grants shall be exempt for tax purposes.  The Office shall report annually to the Governor all monies and properties received and expended by virtue of this section.

Added by Laws 1957, p. 523, § 7, emerg. eff. May 24, 1957.  Amended by Laws 1980, c. 135, § 13.  Renumbered from Title 40, § 307 by Laws 1980, c. 135, § 16.  Amended by Laws 1996, c. 132, § 10, eff. Nov. 1, 1996.

§749.35.  Nonpartisan and nonprofit character of Committee.

The Governor's Advisory Committee on Employment of People with Disabilities shall be nonpartisan, nonprofit, and shall not be used for the dissemination of partisan principles, nor for the promotion of the candidacy of any person seeking public office or preferment.

Added by Laws 1957, p. 524, § 8, emerg. eff. May 24, 1957.  Amended by Laws 1980, c. 135, § 14.  Renumbered from Title 40, § 308 by Laws 1980, c. 135, § 16.  Amended by Laws 1996, c. 132, § 11, eff. Nov. 1, 1996.

§74-9.41.  Repealed by Laws 2000, c. 251, § 4, eff. July 1, 2000.

§7410.  Compensation when acting as Governor.

The Lieutenant Governor when serving as acting Governor during the absence of the Governor from the state shall be paid for his services as acting Governor at the same rate of pay as the Governor. Laws 1947, p. 585, § 1.  

§7410.1.  Short title.

Sections 1 through 5 of this act shall be known and may be cited as the "Executive Branch Reform Act of 1986".

Added by Laws 1986, c. 207, § 1, emerg. eff. June 6, 1986.  

§7410.2.  Purpose of act.

The purpose of the Executive Branch Reform Act of 1986 is to organize the various departments, agencies, boards, commissions and other entities of the executive branch of state government into a cabinet system of government in order to improve the effectiveness, efficiency and accountability of state government.

Added by Laws 1986, c. 207, § 2, emerg. eff. June 6, 1986.  

§74-10.3.  Cabinet system to be created.

A.  Within forty-five (45) days of assuming office, each Governor may create a cabinet system for the executive branch of state government.  The cabinet system may be an organizational framework created by executive order which includes all executive agencies, boards, commissions, or institutions and their assignments to specific cabinet areas.  The cabinet system shall consist of no more than fifteen cabinet areas and each cabinet area shall consist of executive agencies, boards, commissions, or institutions with similar programmatic or administrative objectives; provided, one cabinet area shall consist of the Oklahoma Department of Veterans Affairs, its institutions and other executive agencies, boards, commissions and institutions which are related to veterans.  The Governor's cabinet shall be in effect until the Legislature supersedes each cabinet area by providing by law for specific cabinet areas or departments, or removes by law the authority of the Governor to create a cabinet area.

B.  The Governor shall appoint, with the advice and consent of the Senate, a Secretary to head each cabinet area.  The Secretary appointee for the cabinet area consisting of the Oklahoma Department of Veterans Affairs and other related veterans entities shall be an honorably discharged veteran and be eligible to receive benefits from the United States Department of Veterans Affairs.  A cabinet Secretary may be appointed as a position funded by the Office of the Governor from funds available to that office, or appointed as a cabinet Secretary from among the agency heads within the cabinet area.  The cabinet Secretaries shall:

1.  Advise the Governor of any policy changes or problems within the area they represent;

2.  Advise the entities represented of any policy changes or problems as directed by the Governor; and

3.  Coordinate information gathering for the Legislature as requested.

C.  The cabinet Secretaries shall serve at the pleasure of the Governor, however, the appointment or removal of a cabinet Secretary who is also an agency head shall not otherwise affect the status of the other duties of the agency head.  Whenever a Secretary position becomes vacant, the Governor shall appoint a successor within thirty (30) calendar days pursuant to the provisions of subsection B of this section.  If the Legislature is not in session at the time of appointment it shall be subject to the advice and consent of the Senate upon convening of the next regular session of the Legislature.

Added by Laws 1986, c. 207, § 3, emerg. eff. June 6, 1986.  Amended by Laws 1989, c. 27, § 2, operative July 1, 1989; Laws 2003, c. 189, § 1, emerg. eff. May 7, 2003; Laws 2003, c. 371, § 1; Laws 2005, c. 65, § 1, eff. Nov. 1, 2005; Laws 2005, c. 428, § 1, emerg. eff. June 6, 2005.

NOTE:  Laws 2003, c. 371, § 4 repeals Laws 2003, c. 189, § 1, which was also amended by Laws 2003, c. 371, § 1.

§74-10.4.  Executive environmental subcommittee of Governor's cabinet.

A.  Effective January 1, 1993, there is hereby established an executive environmental subcommittee of the Governor's cabinet which shall be composed of three (3) cabinet members, selected by the Governor from those members of the Governor's cabinet responsible for the natural resources agencies, as follows:  the cabinet secretaries for the Department of Environmental Quality, the Oklahoma Corporation Commission, the Department of Agriculture, the Oklahoma Water Resources Board, the Conservation Commission, the Department of Mines, and such other members as the Governor may appoint to reach a total of three.  The cabinet secretary for the Department of Environmental Quality or its successor cabinet position shall serve as chairperson of the committee.

B.  The executive environmental committee shall:

1.  Coordinate pollution control programs of the state carried on by all state agencies to avoid duplication of effort;

2.  Maintain an up-to-date record of the availability, acquisition and disposition of all federal funds, state appropriations and other grants intended for pollution control, prevention or abatement;

3.  Coordinate and make application on behalf of various state environmental agencies and state agencies with limited environmental responsibilities for federal funds disbursed pursuant to the Federal Water Pollution Control Act and the Federal Environmental Protection Act and such other sources of private or public funds or grants for which more than one state environmental agency or state agency with limited environmental responsibilities may qualify;

4.  Maintain a central repository for all duly promulgated rules pertaining to environmental pollution prevention, control and abatement; and

5.  Perform such other duties assigned to it by the Governor.

Added by Laws 1992, c. 398, § 19, eff. Jan. 1, 1993.  Amended by Laws 1999, c. 413, § 18, eff. Nov. 1, 1999.

§74-10.5.  Salaries.

Notwithstanding other limits established by law, the following cabinet Secretaries may be annually compensated for their services, payable monthly, as follows:

1.  The Secretary of Human Resources and Administration may receive a maximum salary of Seventy Five Thousand Dollars ($75,000.00);

2.  The Secretary of Agriculture may receive a maximum salary of Seventy Thousand Dollars ($70,000.00);

3.  The Secretary of Commerce and Tourism may receive a maximum salary of Seventy Thousand Dollars ($70,000.00);

4.  The Secretary of Education may receive a maximum salary of Sixty-five Thousand Dollars ($65,000.00);

5.  The Secretary of Energy may receive a maximum salary of Seventy Thousand Dollars ($70,000.00);

6.  The Secretary of Finance and Administration may receive a maximum salary of Ninety Thousand Dollars ($90,000.00);

7.  The Secretary of Health and the Secretary of Human Services may receive a maximum salary of Eighty Thousand Dollars ($80,000.00);

8.  The Secretary of Safety and Security may receive a maximum salary of Eighty-five Thousand Dollars ($85,000.00);

9.  The Secretary of State may receive a maximum salary of Sixty-five Thousand Dollars ($65,000.00).  However, if the Secretary of State is designated as a cabinet Secretary, the salary of the Secretary of State may be increased to an amount not to exceed the highest salary provided for a cabinet Secretary pursuant to this section; and

10.  The Secretary of Veterans Affairs may receive a maximum salary of Sixty-five Thousand Dollars ($65,000.00).

Added by Laws 1997, c. 384, § 2, eff. July 1, 1997.  Amended by Laws 2000, c. 418, § 13, eff. July 1, 2000; Laws 2003, c. 371, § 2.

§74-10.6.  Renumbered as § 51.1 of this title by Laws 2004, c. 157, § 8, emerg. eff. April 26, 2004.

§7418.  Attorney General as chief law officer.

The Attorney General shall be the chief law officer of the state.

Laws 1939, p. 44, § 1.  

§7418a.  Oath of office.

Before the Attorney General enters upon the duties of his office, he shall execute the constitutional oath of office, which oath shall be filed in the office of the Secretary of State.

Laws 1939, p. 44, § 2; Laws 1973, c. 131, § 1, emerg. eff. May 10, 1973; Laws 1980, c. 159, § 32, emerg. eff. April 2, 1980.  

§74-18b.  Duties of Attorney General - Counsel of Corporation Commission as representative on appeal from Commission.

A.  The duties of the Attorney General as the chief law officer of the state shall be:

1.  To appear for the state and prosecute and defend all actions and proceedings, civil or criminal, in the Supreme Court and Court of Criminal Appeals in which the state is interested as a party;

2.  To appear for the state and prosecute and defend all actions and proceedings in any of the federal courts in which the state is interested as a party;

3.  To initiate or appear in any action in which the interests of the state or the people of the state are at issue, or to appear at the request of the Governor, the Legislature, or either branch thereof, and prosecute and defend in any court or before any commission, board or officers any cause or proceeding, civil or criminal, in which the state may be a party or interested; and when so appearing in any such cause or proceeding, the Attorney General may, if the Attorney General deems it advisable and to the best interest of the state, take and assume control of the prosecution or defense of the state's interest therein;

4.  To consult with and advise district attorneys, when requested by them, in all matters pertaining to the duties of their offices, when said district attorneys shall furnish the Attorney General with a written opinion supported by citation of authorities upon the matter submitted;

5.  To give an opinion in writing upon all questions of law submitted to the Attorney General by the Legislature or either branch thereof, or by any state officer, board, commission or department, provided, that the Attorney General shall not furnish opinions to any but district attorneys, the Legislature or either branch thereof, or any other state official, board, commission or department, and to them only upon matters in which they are officially interested;

6.  At the request of the Governor, State Auditor and Inspector, State Treasurer, or either branch of the Legislature, to prosecute any official bond or any contract in which the state is interested, upon a breach thereof, and to prosecute or defend for the state all actions, civil or criminal, relating to any matter connected with either of their Departments;

7.  Whenever requested by any state officer, board or commission, to prepare proper drafts for contracts, forms and other writing which may be wanted for the use of the state;

8.  To prepare drafts of bills and resolutions for individual members of the Legislature upon their written request stating the gist of the bill or resolution desired;

9.  To enforce the proper application of monies appropriated by the Legislature and to prosecute breaches of trust in the administration of such funds;

  10.  To institute actions to recover state monies illegally expended, to recover state property and to prevent the illegal use of any state property, upon the request of the Governor or the Legislature;

11.  To pay into the State Treasury, immediately upon its receipt, all monies received by the Attorney General belonging to the state;

12.  To keep and file copies of all opinions, contracts, forms and letters of the office, and to keep an index of all opinions, contracts and forms according to subject and section of the law construed or applied;

13.  To keep a register or docket of all actions, demands and investigations prosecuted, defended or conducted by the Attorney General in behalf of the state.  Said register or docket shall give the style of the case or investigation, where pending, court number, office number, the gist of the matter, result and the names of the assistants who handled the matter;

14.  To keep a complete office file of all cases and investigations handled by the Attorney General on behalf of the state;

15.  To report to the Legislature or either branch thereof whenever requested upon any business relating to the duties of the Attorney General's office;

16.  To institute civil actions against members of any state board or commission for failure of such members to perform their duties as prescribed by the statutes and the Constitution and to prosecute members of any state board or commission for violation of the criminal laws of this state where such violations have occurred in connection with the performance of such members' official duties;

17.  To respond to any request for an opinion of the Attorney General's office, submitted by a member of the Legislature, regardless of subject matter, by written opinion determinative of the law regarding such subject matter;

18.  To convene multicounty grand juries in such manner and for such purposes as provided by law; provided, such grand juries are composed of citizens from each of the counties on a pro rata basis by county;

19.  To investigate any report by the State Auditor and Inspector filed with the Attorney General pursuant to Section 223 of this title and prosecute all actions, civil or criminal, relating to such reports or any irregularities or derelictions in the management of public funds or property which are violations of the laws of this state;

20.  To represent and protect the collective interests of all utility consumers of this state in rate-related proceedings before the Corporation Commission or in any other state or federal judicial or administrative proceeding;

21.  To represent and protect the collective interests of insurance consumers of this state in rate-related proceedings before the Insurance Property and Casualty Rate Board or in any other state or federal judicial or administrative proceeding;  

22.  To certify local crimestoppers programs qualified to receive repayments of rewards pursuant to Section 991a of Title 22 of the Oklahoma Statutes; and

23.  To investigate and prosecute any criminal action relating to insurance fraud, if in the opinion of the Attorney General a criminal prosecution is warranted, or to refer such matters to the appropriate district attorney.

B.  Nothing in this section shall be construed as requiring the Attorney General to appear and defend or prosecute in any court any cause or proceeding for or on behalf of the Oklahoma Tax Commission, the Board of Managers of the State Insurance Fund, or the Commissioners of the Land Office.

C.  In all appeals from the Corporation Commission to the Supreme Court of Oklahoma in which the state is a party, the Attorney General shall have the right to designate counsel of the Corporation Commission as the Attorney General's legally appointed representative in such appeals, and it shall be the duty of the said Corporation Commission counsel to act when so designated and to consult and advise with the Attorney General regarding such appeals prior to taking action therein.

Added by Laws 1939, p. 44, § 3, emerg. eff. May 21, 1939.  Amended by Laws 1976, c. 130, § 1, emerg. eff. May 24, 1976; Laws 1979, c. 30, § 53, emerg. eff. April 6, 1979; Laws 1979, c. 241, § 17, operative July 1, 1979; Laws 1982, c. 26, § 1, operative Oct. 1, 1982; Laws 1987, c. 39, § 1, eff. Nov. 1, 1987; Laws 1991, c. 17, § 3, eff. Sept. 1, 1991; Laws 1992, c. 294, § 14, eff. Sept. 1, 1992; Laws 1993, c. 349, § 32, eff. Sept. 1, 1993; Laws 1995, c. 328, § 12, eff. July 1, 1995; Laws 1996, c. 295, § 1, eff. July 1, 1996; Laws 1999, c. 344, § 4, emerg. eff. June 8, 1999.

§74-18c.  Employment of attorneys, authority of boards or officials - Defense of actions by Attorney General.

A.  1.  Except as otherwise provided by this subsection, no state officer, board or commission shall have authority to employ or appoint attorneys to advise or represent said officer, board or commission in any matter.

2.  The provisions of this subsection shall not apply to the Corporation Commission, the Council on Law Enforcement Education and Training, the Consumer Credit Commission, the Board of Managers of the State Insurance Fund, the Oklahoma Tax Commission, the Commissioners of the Land Office, the Oklahoma Public Welfare Commission also known as the Commission for Human Services, the Board of Corrections, the Oklahoma Health Care Authority, the Department of Public Safety, the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control, the Alcoholic Beverage Laws Enforcement Commission, the Transportation Commission, the Oklahoma Energy Resources Board, the Department of Central Services, the Oklahoma Merit Protection Commission, the Office of Personnel Management, the Oklahoma Water Resources Board, the Department of Labor, the State Department of Agriculture, the Northeast Oklahoma Public Facilities Authority, the Oklahoma Firefighters Pension and Retirement System, the Oklahoma Public Employees Retirement System, the Uniform Retirement System for Justices and Judges, the Oklahoma Conservation Commission and the Office of Juvenile Affairs.

3.  The provisions of paragraph 2 of this subsection shall not be construed to authorize the Office of Juvenile Affairs to employ any attorneys that are not specifically authorized by law.

4.  All the legal duties of such officer, board or commission shall devolve upon and are hereby vested in the Attorney General; provided that:

a. the Governor shall have authority to employ special counsel to protect the rights or interest of the state as provided in Section 6 of this title, and

b. liquidation agents of banks shall have the authority to employ local counsel, with the consent of the Bank Commissioner and the Attorney General and the approval of the district court.

B.  At the request of any state officer, board or commission, except the Corporation Commission, the Board of Managers of the CompSource Oklahoma, Oklahoma Tax Commission and the Commissioners of the Land Office, the Grand River Dam Authority, the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control, the Alcoholic Beverage Laws Enforcement Commission, the Oklahoma Firefighters Pension and Retirement System, the Oklahoma Public Employees Retirement System, the Uniform Retirement System for Justices and Judges and the Interstate Oil and Gas Compact Commission, the Attorney General shall defend any action in which they may be sued in their official capacity.  At the request of any such state officer, board or commission, the Attorney General shall have authority to institute suits in the name of the State of Oklahoma on their relation, if after investigation the Attorney General is convinced there is sufficient legal merit to justify the action.

C.  Any officer, board, or commission which has the authority to employ or appoint attorneys may request that the Attorney General defend any action arising pursuant to the provisions of the Governmental Tort Claims Act.

D.  Nothing in this section shall be construed to repeal or affect the provisions of the statutes of this state pertaining to attorneys and legal advisors of the several commissions and departments of state specified in subsection B of this section, and all acts and parts of acts pertaining thereto shall be and remain in full force and effect.

Added by Laws 1939, p. 46, § 4, emerg. eff. May 21, 1939.  Amended by Laws 1947, p. 585, § 1, emerg. eff. April 23, 1947; Laws 1982, c. 35, § 2, emerg. eff. March 26, 1982; Laws 1985, c. 294, § 7, emerg. eff. July 24, 1985; Laws 1991, c. 335, § 28, emerg. eff. June 15, 1991; Laws 1994, c. 382, § 47, eff. Sept. 1, 1994; Laws 1995, c. 76, § 3, eff. July 1, 1995; Laws 1995, c. 352, § 194, eff. July 1, 1995; Laws 1996, c. 3, § 18, emerg. eff. March 6, 1996; Laws 1997, c. 296, § 1, eff. Sept. 1, 1997; Laws 1998, c. 230, § 3, eff. Nov. 1, 1998; Laws 1999, c. 1, § 30, emerg. eff. Feb. 24, 1999; Laws 2002, c. 438, § 4, eff. July 1, 2002; Laws 2005, c. 405, § 8, eff. July 1, 2005.

NOTE:  Laws 1985, c. 283, § 5 repealed by Laws 1991, c. 335, § 37, emerg. eff. June 15, 1991.  Laws 1994, c. 242, § 47 repealed by Laws 1995, c. 1, § 40, emerg. eff. March 2, 1995.  Laws 1995, c. 1, § 29 repealed by Laws 1995, c. 260, § 3, eff. July 1, 1995.  Laws 1995, c. 260, § 2 repealed by Laws 1996, c. 3, § 25, emerg. eff. March 6, 1996.  Laws 1998, c. 203, § 3 repealed by Laws 1999, c. 1, § 45, emerg. eff. Feb. 24, 1999.

§74-18c-2.  Repealed by Laws 1995, c. 180, § 2, eff. July 1, 1995.

§7418d.  District attorneys, aiding and requiring aid of.

The Attorney General shall have authority to require the aid and assistance of district attorneys in their respective counties in the matters hereinbefore enumerated and may in any case brought to the Supreme Court or Criminal Court of Appeals from their respective counties demand and receive the assistance of the district attorney from whose county such case is brought.  Any district attorney desiring the assistance of the Attorney General in any matter shall request the Governor for such assistance, and upon receiving the direction of the Governor to render such assistance, the Attorney General shall proceed immediately, compatible with the performance of his own duties to render the assistance.

Laws 1939, p. 46, § 5.  

§7418e.  Criminal actions  Quo warranto  Appearance before grand juries.

In addition to the above powers and duties, the Attorney General shall, when requested by the Governor, have power and authority to institute and prosecute criminal actions and actions in the nature of quo warranto; and shall, when requested by the Governor, compatible with the performance of his other duties, appear before and assist grand juries in their investigations.

Laws 1939, p. 47, § 6.

§74-18f.  Investigations.

The Attorney General shall have authority to conduct investigations and it shall be the duty of the Department of Public Safety of the State of Oklahoma, when so directed by the Governor of the State of Oklahoma, to furnish him with investigators from the personnel of said Department, to assist in such investigations and to assemble evidence for the Attorney General in any cases to be tried or in any matters to be investigated.  Likewise, it shall be the duty of the State Auditor and Inspector, upon request of the Attorney General, to furnish him with experienced auditors and/or accountants from the personnel of his department to make audits and check records for the Attorney General in any case to be tried or in any matter being investigated by the Attorney General.  The cost of such services shall be borne by the entity audited.

Added by Laws 1939, p. 47, § 7, emerg. eff. April 21, 1939.  Amended by Laws 1979, c. 30, § 136, emerg. eff. April 6, 1979; Laws 1997, c. 136, § 2, eff. July 1, 1997.

§7418g.  Appearance not waiver of immunity of State.

The appearance of the Attorney General in any matter, proceeding or action in any court, before any commission, board or officer, shall not be construed to waive the immunity of the State of Oklahoma from being sued.

Laws 1939, p. 49, § 13.  

§74-18m-1.  Workers' Compensation Fraud Unit.

A.  There is hereby created within the Office of the Attorney General a Workers' Compensation Fraud Unit.

B.  The Workers' Compensation Fraud Unit, upon inquiry or complaint, shall determine the extent, if any, to which any violation has occurred of any statute or administrative rule of this state pertaining to workers' compensation fraud and may initiate any necessary investigation, civil action, criminal action, referral to the Insurance Commissioner or Insurance Department, referral to the Administrator of the Workers' Compensation Court, referral to a district attorney or referral to any appropriate official of this or any other state or of the federal government.

C.  In the absence of fraud, bad faith, reckless disregard for the truth, or actual malice, no person, insurer, or agent of an insurer shall be liable for damages in a civil action or subject to criminal prosecution for communication, publication, or any other action taken to supply information about suspected workers' compensation fraud to the Workers' Compensation Fraud Unit or any other agency involved in the investigation or prosecution of suspected workers' compensation fraud.

D.  The Attorney General and the Office of the Attorney General, the Insurance Commissioner and the Insurance Department, the Administrator of the Workers' Compensation Court, every district attorney and every law enforcement agency shall cooperate and coordinate efforts for the investigation and prosecution of suspected workers' compensation fraud.

Added by Laws 1993, c. 349, § 27, eff. Sept. 1, 1993.  Amended by Laws 1994, 2nd Ex. Sess., c. 1, § 16, emerg. eff. Nov. 4, 1994.

§74-18m-2.  Workers' compensation fraud - Powers of Attorney General or designee - Records, documents, reports and evidence confidential.

A.  If the Attorney General or a designee has reason to believe as a result of inquiry or complaint that a person has engaged in or is engaging in an act or practice that violates any administrative rule or statute pertaining to workers' compensation fraud, the Attorney General or a designee shall have all of the powers of a district attorney.

B.  Records, documents, reports and evidence obtained or created by the Office of the Attorney General as a result of workers' compensation fraud shall be confidential and shall not be subject to the Oklahoma Open Records Act or to outside review or release by any individual except when authorized by the Attorney General or when required by an administrative or judicial proceeding.

Added by Laws 1993, c. 349, § 28, eff. Sept. 1, 1993.

§74-18n-1.  Insurance Fraud Unit.

A.  There is hereby created within the Office of the Attorney General an Insurance Fraud Unit.

B.  The Insurance Fraud Unit, upon inquiry or complaint or upon referral from the Insurance Department, shall determine the extent, if any, to which a violation has occurred of any statute or administrative rule of this state pertaining to insurance fraud and may initiate any necessary investigation, civil action, criminal action, referral to the Insurance Commissioner or Insurance Department, referral to a district attorney, or referral to any appropriate official of this or any other state or of the federal government.

C.  In the absence of fraud, bad faith, reckless disregard for the truth, or actual malice, no person, insurer, or agent of an insurer shall be liable for damages in a civil action or subject to criminal prosecution for supplying information about suspected insurance fraud to the Insurance Fraud Unit of the Office of the Attorney General or any other agency involved in the investigation or prosecution of suspected insurance fraud.

D.  The Attorney General and the Office of the Attorney General, the Insurance Commissioner, the Insurance Department, every district attorney, and every law enforcement agency shall cooperate and coordinate efforts for the investigation and prosecution of suspected insurance fraud.

Added by Laws 1999, c. 344, § 5, emerg. eff. June 8, 1999.

§74-18n-2.  Power of Attorney General to investigate insurance fraud - Confidentiality of records.

A.  If the Attorney General or a designee has reason to believe as a result of inquiry or complaint or as a result of referral from the Insurance Department that a person has engaged in or is engaging in an act or practice that violates any administrative rule or statute pertaining to Insurance Fraud, the Attorney General or a designee shall have all the powers of a district attorney.

B.  Nothing in this section shall be construed to waive, limit or impair any evidentiary privilege recognized by law.

C.  As used in this section, "records" include, but are not limited to, anything for which a request to produce may be served pursuant to Section 3234 of Title 12 of the Oklahoma Statutes.

D.  Records, documents, reports and evidence obtained or created by the Office of the Attorney General as a result of insurance fraud, including workers' compensation insurance fraud, shall be confidential and shall not be subject to the Oklahoma Open Records Act or to outside review or release by any individual.  An employee of the Attorney General's Office may disclose, at the discretion of the Attorney General, such investigative information to officers and agents of federal, state, county or municipal law enforcement agencies, to the Insurance Commissioner or Insurance Department, and to district attorneys, in the furtherance of criminal investigations within their respective jurisdictions.

Added by Laws 1999, c. 344, § 6, emerg. eff. June 8, 1999.

§74-18p-1.  Victims Services Unit.

A.  There is hereby created within the Office of the Attorney General a Victims Services Unit.

B.  The duty of the Unit is to provide services for persons who require domestic violence or sexual assault services through a domestic violence or sexual assault program.

C.  As used in this act, "domestic violence program" or "sexual assault program" means an agency, organization, facility or person that offers, provides or engages in the offering of any shelter, residential services or support services to:

1.  Victims or survivors of domestic abuse as defined in Section 60.1 of Title 22 of the Oklahoma Statutes, any dependent children of such victim or survivor, and any other member of the family or household of such victim or survivor;

2.  Victims or survivors of sexual assault;

3.  Persons who are homeless as a result of domestic abuse or sexual assault or both domestic abuse and sexual assault; and

4.  Persons who commit domestic abuse,

and which may provide other services, including, but not limited to, counseling, case management, referrals or other similar services to victims or survivors of domestic abuse or sexual assault.

Added by Laws 2005, c. 348, § 1, eff. July 1, 2005.

§74-18p-2.  Domestic Violence and Sexual Assault Advisory Council.

A.  There is hereby created, to continue until July 1, 2009, in accordance with provisions of the Oklahoma Sunset Law, the Domestic Violence and Sexual Assault Advisory Council.  The Council shall be a nine-member committee appointed by the Attorney General.

B.  Four of the members shall be selected from a list of eight nominees provided by the Oklahoma Coalition on Domestic Violence and Sexual Assault and five of the members shall be selected by the Attorney General from the State of Oklahoma at large; provided, that of the members selected by the Attorney General from the state at large, one member shall be a representative of any domestic violence programs funded through or by the Attorney General, and one member shall be a citizen of this state with expertise in the area of sexual assault services.

C.  The Council shall select a chair annually.  Appointment to the Council shall be for two (2) years.  The Attorney General shall appoint persons to fill unexpired terms when necessary.

D.  The duties of the Council shall be to review rules and overall policies relating to the operation and funding of domestic violence and sexual assault programs in this state and make recommendations to the Attorney General regarding its findings.

E.  The current members of the Domestic Violence and Sexual Assault Committee created pursuant to Section 3-312 of Title 43A of the Oklahoma Statutes shall remain in effect as the Domestic Violence and Sexual Assault Advisory Council and carry on the powers and duties assigned to it according to law.  The current members of the Committee shall remain on the Council until the expiration of their individual terms of office or until such offices are vacated.  Future appointments to the Council shall be made according to the provisions of this section.

Added by Laws 2005, c. 348, § 2, eff. July 1, 2005.

§74-18p-3.  Role of Attorney General - Case files - Confidentiality.

A.  The Attorney General is hereby authorized and directed to enter into agreements and to contract for the shelter and other services that are needed for victims of domestic abuse or sexual assault.  Any domestic violence or sexual assault program providing services pursuant to a contract or subcontract with the Attorney General and receiving funds from the Attorney General or any contractor with the Attorney General shall be subject to the provisions of the administrative rules of the Attorney General.

B.  1.  Except as otherwise provided by paragraph 3 of this subsection, the case records, case files, case notes, client records, or similar records of a domestic violence or sexual assault program certified by the Attorney General or of any employee or trained volunteer of a program regarding an individual who is residing or has resided in such program or who has otherwise utilized or is utilizing the services of any domestic violence or sexual assault program or counselor shall be confidential and shall not be disclosed.

2.  For purposes of this subsection, the term "client records" shall include, but not be limited to, all communications, records, and information regarding clients of domestic violence and sexual assault programs.

3.  The case records, case files, or case notes of programs specified in paragraph 1 of this subsection shall be confidential and shall not be disclosed except with the written consent of the individual, or in the case of the individual's death or disability, of the individual's personal representative or other person authorized to sue on the individual's behalf or by court order for good cause shown by the judge in camera.

C.  The district court shall not order the disclosure of the address of a domestic violence shelter, the location of any person seeking or receiving services from a domestic violence or sexual assault program, or any other information which is required to be kept confidential pursuant to subsection B of this section.

D.  The home address, personal telephone numbers and social security number of board members, staff and volunteers of certified domestic violence and sexual assault programs shall not be construed to be open records pursuant to the Oklahoma Open Records Act.

Added by Laws 2005, c. 348, § 3, eff. July 1, 2005.

§74-18p-4.  Minor mothers.

A.  As used in this section, "minor mother" means an unemancipated female under the age of eighteen (18) years of age who is pregnant or the biological parent of any child.

B.  A domestic violence shelter facility may provide shelter and care to a minor mother, who is the victim of domestic abuse or is seeking relief from domestic abuse for herself or on behalf of any of her children or both herself and any of her children.

C.  A domestic violence shelter facility may provide shelter or care only during an emergency constituting an immediate danger to the physical health or safety of the minor mother or her child or both the minor mother and any of her children.  Such shelter or care shall not extend beyond thirty (30) days unless the facility receives an order issued by the court to continue such services or the parent or guardian of the minor mother consents to such services.

D.  The provisions of Section 856 of Title 21 of the Oklahoma Statutes shall not apply to any domestic violence shelter facility and any person operating such facility who in good faith is providing shelter and care pursuant to the provisions of this section to a minor mother and any of her children who is a runaway from her parent or legal guardian.

E.  The emergency custody hearing provided for in Section 7003-2.4 of Title 10 of the Oklahoma Statutes shall be provided for a minor mother who is seeking relief from domestic abuse for herself or on behalf of any of the her children.

Added by Laws 2005, c. 348, § 4, eff. July 1, 2005.

§74-18p-5.  Statewide telephone communication service for victims.

The Office of the Attorney General shall be responsible for the development, maintenance and operation of a twenty-four-hour statewide telephone communication service for the victims of rape, forcible sodomy and domestic violence.  The purpose of the service is to provide information to such victim regarding any immediate action which should be taken by the victim, the social services available, and the legal rights and remedies of the victim.

Added by Laws 2005, c. 348, § 5, eff. July 1, 2005.

§74-18p-6.  Promulgation of rules - Certification - Exemptions - Standards for facilities and programs - Application fees.

A.  Effective July 1, 2005, all administrative rules promulgated by the Department of Mental Health and Substance Abuse Services relating to domestic violence and sexual assault programs shall be transferred to and become a part of the administrative rules of the Office of the Attorney General.  The Office of Administrative Rules in the Secretary of State's office shall provide adequate notice in the Oklahoma Register of the transfer of such rules, and shall place the transferred rules under the Administrative Code section of the Attorney General.  Such rules shall continue in force and effect as rules of the Office of the Attorney General from and after July 1, 2005, and any amendment, repeal or addition to the transferred rules shall be under the jurisdiction of the Attorney General.

B.  The Attorney General shall adopt and promulgate rules and standards for certification of domestic violence programs and for private facilities and organizations which offer domestic and sexual assault services in this state.  These facilities shall be known as "certified domestic violence shelters" or "certified domestic violence programs" or "certified sexual assault programs" or "certified treatment programs for batterers", as applicable.

C.  Applications for certification as a certified domestic violence shelter, domestic violence program, sexual assault program or treatment program for batterers, pursuant to the provisions of this section, shall be made to the Office of the Attorney General on prescribed forms.  The Attorney General may certify the shelter or program for a period of three (3) years subject to renewal as provided in the rules promulgated by the Attorney General.  Nothing in this section shall preclude the Office of the Attorney General from making inspection visits to a shelter or program to determine contract or program compliance.

D.  Licensed physicians, licensed psychologists, licensed social workers, individual members of the clergy, licensed marital and family therapists, licensed behavioral practitioners, and licensed professional counselors shall be exempt from certification requirements; provided, however, these exemptions shall only apply to individual professional persons in private practice and not to any domestic violence program or sexual assault program operated by such person.

E.  Facilities providing services for victims or survivors of domestic abuse or sexual assault and any dependent children of such victims or survivors shall comply with standards promulgated by the Attorney General; provided, that the certification requirements and standards promulgated by the Attorney General shall not apply to programs and services offered by the Department of Health, the Department of Mental Health and Substance Abuse Services, or the Department of Human Services.  The domestic violence or sexual assault programs certified pursuant to the provisions of this section shall cooperate with inspection personnel of this state and shall promptly file all reports required by the Attorney General.  Failure to comply with rules and standards of the Attorney General shall be grounds for revocation of certification, after proper notice and hearing.

F.  The Attorney General is hereby authorized to collect from each applicant the sum of One Hundred Fifty Dollars ($150.00) to help defray the costs incurred in the certification process.

Added by Laws 2005, c. 348, § 6, eff. July 1, 2005.

§74-18p-7.  Injunctions.

A.  The Attorney General or any district attorney, in such person's discretion, may bring an action for an injunction against any domestic violence program or sexual assault program found to be in violation of the provisions of Title 74 of the Oklahoma Statutes or of any order or determination of the Attorney General.

B.  In any action for an injunction brought pursuant to this section, any findings of the Attorney General or district attorney, after hearing and due notice, shall be prima facie evidence of the facts found therein.

Added by Laws 2005, c. 348, § 7, eff. July 1, 2005.

§74-18p-8.  Oversight by Attorney General - Collection and confidentiality of information records.

A.  The Office of the Attorney General shall have the authority to collect information sufficient to meet its responsibilities related to oversight, management, evaluation, performance improvement and auditing of domestic violence and sexual assault services and combating and preventing domestic violence and sexual assault in this state.

B.  The individual forms, computer and electronic data, and other forms of information collected by and furnished to the Attorney General shall be confidential and shall not be public records as defined in the Oklahoma Open Records Act.

C.  Except as otherwise provided by state and federal confidentiality laws, identifying information shall not be disclosed and shall not be used for any public purpose other than the creation and maintenance of anonymous datasets for statistical reporting and data analysis.

Added by Laws 2005, c. 348, § 8, eff. July 1, 2005.

§74-19.  Attorney General's Evidence Fund and Revolving Fund - Invoicing retirement funds for attorney's fees.

A.  1.  Out of all money received or collected by the Attorney General on behalf of the state or any department or agency thereof, and paid into the State Treasury, twenty-five percent (25%) thereof shall be deposited as follows:  three-fourths (3/4) in a special agency account fund in the State Treasury, designated the Attorney General's Evidence Fund, which fund shall be a continuing fund, not subject to fiscal year limitations, and one-fourth (1/4) in the Attorney General's Revolving Fund created by Section 20 of this title.  Provided, however, the provisions for deposits into the Attorney General's Revolving Fund shall not apply to any monies paid to the State of Oklahoma as a result of the settlement of the lawsuit filed by the State of Oklahoma against the tobacco industry.

2.  All money paid to the Attorney General for reimbursement of court costs, fees and other expenses and appropriated monies authorized to be transferred to the agency special account shall be deposited in the Attorney General's Evidence Fund.  Such fund shall be used by the Attorney General for necessary expenses relative to any pending case or other matter within the official responsibility of the Attorney General.

3.  Notwithstanding other provisions of this section, the balance on deposit in the Attorney General's Evidence Fund shall never exceed the sum of One Million Five Hundred Thousand Dollars ($1,500,000.00).  Effective July 1, 2005, the balance on deposit in the Attorney General's Evidence Fund shall never exceed the sum of One Million Eight Hundred Fifty Thousand Dollars ($1,850,000.00).

B.  All money received or credited by the Attorney General on behalf of the Teachers' Retirement System of Oklahoma, the Oklahoma Public Employees Retirement System, the Oklahoma Firefighters Pension and Retirement System, the Oklahoma Police Pension and Retirement System, the Oklahoma Law Enforcement Retirement System or the Uniform Retirement System for Justices and Judges shall be paid to the State Treasurer of the state and distributed to the appropriate fund of the respective retirement system as directed by the board of trustees of said respective retirement system.  The Attorney General shall invoice the respective retirement system and the respective retirement system shall pay for reasonable attorney's fee for actual legal services rendered by the Attorney General's office related to the money received or credited on behalf of the respective retirement system based on an hourly rate determined by the Attorney General.  The hourly rate charged by the Attorney General to a retirement system for services related to the collection of money received or credited on behalf of the respective retirement system shall be based on the labor, time and problems involved, the skill and expertise called for in the performance of the services and the standing of the specific attorney or attorneys involved.  The hourly rate charged by the Attorney General to a retirement system shall not be based on the value of the property at issue or recovered.  The Attorney General shall not separately invoice a retirement system for the work performed by an attorney employed by the Attorney General's office whose salary and other related costs are paid in part or in whole by said retirement system pursuant to an agreement entered into between the Attorney General and the retirement system for legal services.

C.  From any monies paid to the State of Oklahoma representing attorney fees, paralegal fees and other costs of litigating the lawsuit filed by the State of Oklahoma against the tobacco industry, the Attorney General shall make such deposits as are appropriate pursuant to subsection A of this section.  The balance of any such monies shall be deposited in the General Revenue Fund of the State Treasury.

Added by Laws 1965, c. 95, § 1.  Amended by Laws 1973, c. 131, § 2, emerg. eff. May 10, 1973; Laws 1976, c. 208, § 10, operative July 1, 1976; Laws 1979, c. 196, § 4, emerg. eff. May 25, 1979; Laws 1982, c. 229, § 3, emerg. eff. May 4, 1982; Laws 1992, c. 15, § 27, emerg. eff. March 25, 1992; Laws 1992, c. 316, § 51, eff. July 1, 1992; Laws 1996, c. 347, § 1, emerg. eff. June 14, 1996; Laws 1999, c. 350, § 1, emerg. eff. June 8, 1999; Laws 2000, c. 47, § 1, emerg. eff. April 14, 2000; Laws 2000, 1st Ex.Sess., c. 8, § 23, eff. July 1, 2001; Laws 2004, c. 494, § 1, eff. Sept. 1, 2004.

§74-19.1.  Attorney General's Law Enforcement Revolving Fund.

There is hereby created in the State Treasury a revolving fund for the Office of the Attorney General to be designated the "Attorney General's Law Enforcement Revolving Fund".  The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of any monies received from the sale of confiscated property, the seizure and forfeiture of confiscated monies, property, gifts, bequests, revises or contributions, public or private, including federal funds unless otherwise provided by federal law or regulation.  All monies accruing to the credit of said fund are hereby appropriated and may be budgeted and expended by the Attorney General for the purposes of investigation, enforcement and prosecution of cases involving criminal and forfeiture laws of this state and the United States of America or to match federal grants.  Expenditures from said fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of State Finance for approval and payment.

Added by Laws 1991, c. 282, § 7, eff. July 1, 1991.

§74-19.2.  Attorney General's Workers' Compensation Fraud Unit Revolving Fund.

There is hereby created in the State Treasury a revolving fund for the Office of the Attorney General, to be designated the "Attorney General's Workers' Compensation Fraud Unit Revolving Fund".  The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of any monies designated to the fund by law.  All monies accruing to the credit of said fund are hereby appropriated and may be budgeted and expended by the Attorney General for the purposes of investigation, civil action, criminal action or referral to the district attorney in cases involving suspected workers' compensation fraud.

Added by Laws 1992, c. 316, § 52, eff. July 1, 1992.

§74-19.3.  Attorney General's Insurance Fraud Unit Revolving Fund.

There is hereby created in the State Treasury a revolving fund for the Office of the Attorney General, to be designated the "Attorney General's Insurance Fraud Unit Revolving Fund".  The fund shall be a continuing fund, not subject to fiscal limitations, and shall consist of any monies designated to the fund by law.  All monies accruing to the credit of said fund are hereby appropriated and may be budgeted and expended by the Attorney General for the purposes of investigation, civil action, criminal action, or referral to the district attorney in cases involving suspected insurance fraud.  Expenditures from said fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of State Finance for approval and payment.

Added by Laws 1999, c. 344, § 7, emerg. eff. June 8, 1999.

§7419a.  Disbursements  Audits.

Disbursements may be made from the fund provided by this act to the Attorney General upon appropriate voucher and claim for the purpose of paying fees and expenses of a confidential nature.  The Attorney General shall retain written receipts for all expenditures so made and promulgate written rules to provide strict accountability for such expenditures.  The fund provided by this act shall be fully audited by the State Auditor and Inspector at least once in each fiscal year.

Laws 1965, c. 95, § 2; Laws 1979, c. 30, § 137, emerg. eff. April 6, 1979. .

§7420. Opinions of Attorney General  Publication and distribution  Surplus publication  Attorney General's Revolving Fund.

A.  The Attorney General shall annually publish all of the written opinions which he promulgates in connection with the interpretation of the laws of the State of Oklahoma.  One copy of the bound volume shall be sent to each member of the Legislature, each state officer, the chairman of each board or commission, and the county law library in each county in the state where the same shall be available to the public and fifty copies shall be sent to the Publications Clearinghouse of the Oklahoma Department of Libraries for purposes of exchange as set out in Title 65 of the Oklahoma Statutes.  A copy of each annual volume is to be placed on file in the Secretary of State's Office and shall be available for public inspection.

B.  The Attorney General is hereby authorized to sell any surplus bound volumes and requested individual copies of opinions to help cover the cost of the publication, postal charges and other necessary expenses and proceeds of such sales shall be deposited into the fund herein established.

C.  There is hereby created in the State Treasury a revolving fund for the Attorney General, to be designated the Attorney General's Revolving Fund.  The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies received from the sale of copies of surplus bound volumes and requested individual copies of opinions and such other monies as are provided for by law.  Expenditures from said fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of State Finance for approval and payment.

Amended by Laws 1987, c. 203, § 9, operative July 1, 1987.  

§74-20a.  Repealed by Laws 1998, c. 364, § 38, emerg. eff. June 8, 1998.

§7420f.  State officer or employee  Legal defense services.

A.  In the event an action is brought against an employee, who for the purposes of this act shall be an elected or appointed state officer or employee of any state officer, institution, agency, board or commission of any branch of state government in any civil action or special proceeding in the courts of this state, or of the United States, by reason of any act done or omitted in good faith in the course of his employment, it is the duty of the Attorney General or staff attorney of such person's agency where the agency is authorized by law to be represented in court by a member of its own permanent legal staff, when requested in writing by such employee, to appear and defend the action or proceeding in his behalf.  Such written request shall be made within fifteen (15) days after service of summons on the employee and a copy of the request shall be transmitted by the employee to the head of his agency and the Attorney General.

B.  The Attorney General or a designated legal officer shall not represent a state employee if that employee did not perform a statutorily required duty and such duty is a basis of the civil action or special proceeding.

C.  The Attorney General may direct an appropriate legal officer including a staff attorney of an agency authorized by law to be represented in court by a member of its own permanent legal staff to appear and defend such action.  The Attorney General may request the assistance of a district attorney in any such action.  The Attorney General may intervene in any such action or proceeding and appear on behalf of the State of Oklahoma, or any of its officers or employees, where he deems the state to have an interest in the subject matter of the litigation.

D.  The Attorney General shall determine the method of preparation and presentation of such defense.  The Attorney General or other legal officer under his direction shall not be held civilly liable for the exercise of such discretion.

E.  The employee named in the action may employ private counsel at his own expense to assist in his defense.

F.  Any officer or employee who acts outside of the scope of his official authority shall be liable in damages in the same manner as any private citizen.

G.  When an original action seeking either a writ of mandamus or prohibition against a district judge, associate district judge, or special judge of the district court is commenced, the Attorney General shall represent such judicial officer if, and only if, directed to do so, in writing, by the Chief Justice of the Oklahoma Supreme Court, upon the Chief Justice's finding that such representation is necessary to protect either the function or integrity of the judiciary.  Such finding by the Chief Justice shall be final and binding.

In the event that the Attorney General is or shall be disqualified from representing such judicial officer, the Attorney General shall immediately notify, in writing, the Chief Justice.  The Chief Justice then may appoint counsel to represent the judicial officer.  The appointed counsel shall determine the method of preparation and presentation of such defense.  The appointed counsel shall not be held civilly liable for the exercise of such discretion.  The appointed counsel shall, upon approval by the Chief Justice, be entitled to be compensated for services rendered.

H.  A settlement involving injunctive relief which substantially impacts the operation or programs of a state agency or would impose obligations requiring the expenditure of funds in excess of unallocated unencumbered monies in the agency's appropriations or beyond the current fiscal year shall be reviewed prior to its finalization by the President Pro Tempore of the Senate or his designee, the Speaker of the House or his designee, and the Governor or his designee.  The purpose of the review is to determine the budgetary, programmatic and operational impact of the proposed settlement.  The President Pro Tempore of the Senate, Speaker of the House and Governor shall be given a reasonable time in which to make recommendations regarding the proposed settlement given due consideration to the time requirements of the case.  Such recommendations must be considered by the state agency, such agency's counsel of record and the Attorney General in determining whether to finalize the settlement agreement.

Laws 1976, c. 208, § 1, operative July 1, 1976; Laws 1984, c. 278, § 3, operative July 1, 1984; Laws 1992, c. 71, § 1, eff. Sept. 1, 1992; Laws 1992, c. 288, § 2, eff. July 1, 1992.

§7420g.  Defense duties  Evidence

A.  Before any such defense is undertaken, an inquiry shall be made by the Attorney General of the facts on which the action or special proceedings are based.  Unless the Attorney General determines that the employee was acting in good faith and in the course of his employment, representation shall not be provided pursuant to this act.

B.  It shall be the duty of any state law enforcement agency to provide investigators at the request of the Attorney General to assist him in carrying out the provisions of this act.

C.  No findings or reports of the Attorney General or persons making inquiry under his direction pursuant to the provisions of this section shall be admissible as evidence in any such action or special proceeding and no reference thereto shall be made in any such trial or hearing.

Laws 1976, c. 208, Section 2.

Laws 1976, c. 208, § 2, operative July 1, 1976.  

§7420h.  Cost of litigation

A.  The cost of litigation in any case for which representation is provided pursuant to this act shall be paid out of the Attorney General's Evidence Fund.

B.  Cost of litigation shall include, but is not limited to, court costs, deposition expenses, travel and lodging, witness fees and other similar costs; except that this act shall not be construed as authorizing the payment by the State of Oklahoma or any agency thereof of any judgment making an award of monetary damages.

Laws 1976, c. 208, Section 3.

Laws 1976, c. 208, § 3, operative July 1, 1976.  

§74-20i.  Contracting for legal representation by private attorneys - Approval by Attorney General - Report.

A.  An agency or official of the executive branch may obtain legal representation by one or more attorneys by means of one of the following:

1.  Employing an attorney as such if otherwise authorized by law;

2.  Contracting with the Office of the Attorney General; or

3.  If the Attorney General is unable to represent the agency, or official due to a conflict of interest, or the Office of the Attorney General is unable or lacks the personnel or expertise to provide the specific representation required by such agency or official, contracting with a private attorney or attorneys pursuant to this section.

B.  When entering into a contract for legal representation by one or more private attorneys, an agency or official of the executive branch shall select an attorney or attorneys from a list of attorneys maintained by the Attorney General.  An agency may contract for legal representation with one or more attorneys who are not on the list only when there is no attorney on the list capable of providing the specific representation and only with the approval of the Attorney General.  The list shall include any attorney who desires to furnish services to an agency or official of the executive branch and who has filed a schedule of fees for services with and on a form approved by the Attorney General.  An agency or official may agree to deviate from the schedule of fees only with the approval of the Attorney General.

C.  Before entering into a contract for legal representation by one or more private attorneys, an agency or official of the executive branch shall furnish a copy of the proposed contract to the Attorney General and, if not fully described in the contract, notify the Attorney General of the following:

1.  The nature and scope of the representation including, but not limited to, a description of any pending or anticipated litigation or of the transaction requiring representation;

2.  The reason or reasons for not obtaining the representation from an attorney employed by the agency or official, if an attorney is employed by the agency or official;

3.  The reason or reasons for not obtaining the representation from the Attorney General by contract;

4.  The anticipated cost of the representation including the following:

a. the basis for or method of calculation of the fee including, when applicable, the hourly rate for each attorney, paralegal, legal assistant, or other person who will perform services under the contract, and

b. the basis for and method of calculation of any expenses which will be reimbursed by the agency or official under the contract; and

5.  An estimate of the anticipated duration of the contract.

D.  Before entering into a contract for legal representation by one or more private attorneys where the agency has reason to believe that the case, transaction or matter will equal or exceed Twenty Thousand Dollars ($20,000.00) or after employment when it becomes apparent that the case, transaction or matter will equal or exceeds Twenty Thousand Dollars ($20,000.00), an agency or official of the executive branch shall obtain the approval of the Attorney General when the total cost, including fees and expenses, of all contracts relating to the same case, transaction, or matter will equal or exceed Twenty Thousand Dollars ($20,000.00).  Any amendment, modification, or extension of a contract which, had it been a part of the original contract would have required approval by the Attorney General, shall also require approval by the Attorney General.

E.  When an agency or official of the executive branch enters into a contract for professional legal services pursuant to this section, the agency shall also comply with the applicable provisions of Section 85.41 of Title 74 of the Oklahoma Statutes.

F.  The provisions of this section shall not apply to the Oklahoma Indigent Defense System created pursuant to Section 1355 et seq. of Title 22 of the Oklahoma Statutes.

G.  The Attorney General shall, on or before February 1 of each year, make a written report on legal representation obtained pursuant to paragraphs 2 and 3 of subsection A of this section.  The report shall include a brief description of each contract, the circumstances necessitating each contract, and the amount paid or to be paid under each contract.  The report shall be filed with the Governor, the President Pro Tempore of the Senate, the Speaker of the House of Representatives, the Chair of the Appropriations and Budget Committee of the House of Representatives, and the Chair of the Appropriations Committee of the Senate.

Added by Laws 1995, c. 180, § 1, eff. July 1, 1995.

§74-21b.  Assistant Attorneys General - Other employees - Appointments - Duties and compensation.

The following positions are hereby created in the Office of the Attorney General in lieu of all positions previously existing in said office:  One First Assistant Attorney General, and such other Assistant Attorneys General, investigators, and other employees as the Attorney General shall deem necessary for the proper performance of his or her duties.

The Attorney General shall appoint and fix the duties and compensation of all Assistant Attorneys General, investigators, and other employees necessary to perform the duties imposed upon the Attorney General by law, payable from appropriations made for such purposes.

CLEET-certified investigators of the Office of the Attorney General shall have and exercise all the powers and authority of peace officers pursuant to rules promulgated by the Attorney General.

Added by Laws 1971, c. 16, § 1, emerg. eff. March 12, 1971.  Amended by Laws 1973, c. 131, § 3, emerg. eff. May 10, 1973; Laws 1982, c. 90, § 3, emerg. eff. April 1, 1982; Laws 1982, c. 229, § 4, eff. Jan. 10, 1983; Laws 1987, c. 203, § 10, operative July 1, 1987; Laws 1989, c. 348, § 25, eff. Nov. 1, 1989; Laws 1990, c. 264, § 128, operative July 1, 1990; Laws 2000, c. 366, § 1, emerg. eff. June 6, 2000.

§7428.  First Assistant Attorney General.

The Attorney General shall appoint a First Assistant Attorney General, to assist him in his executive and other duties, which Assistant shall have had not less than five (5) years' experience in the active practice of law.  Such Assistant shall take the constitutional oath of office and file it in the Office of the Secretary of State.  In the absence or disability of the Attorney General, such Assistant may perform the duties of the Attorney General.

Laws 1939, p. 47, § 8; Laws 1973, c. 131, § 4, emerg. eff. May 10, 1973; Laws 1980, c. 159, § 33, emerg. eff. April 2, 1980.  

§7428c.  Appointment of assistants and employees  Term.

The Attorney General is hereby authorized to appoint the Assistants and employees created in this act, in addition to those now authorized by law, and they shall hold their offices and positions at the pleasure and discretion of the Attorney General.

Laws 1939, p. 49, § 11.  

§7428d.  Certain offices not affected by this act.

Nothing contained in this act shall be construed as abolishing or affecting any attorneyship where the salary thereof is paid from funds not provided by the State of Oklahoma; and provided further, that nothing contained in this act shall be construed as abolishing or affecting the Office of Proration Attorney, Pardon and Parole Attorney, Counsel, whether one or more for the Grand River Dam Authority, and any legal assistance for the Assistant Representative of the State of Oklahoma on the Interstate Oil and Gas Compact Commission.

Laws 1939, p. 49, § 12.  

§7429.  Designation as Natural Gas Curtailment and Regulation Hearings Counsel.

The Office of the Attorney General is hereby authorized and directed to act as the Oklahoma Natural Gas Curtailment and Regulation Hearings Counsel in proceedings before federal regulatory agencies and state and federal courts.

Laws 1979, c. 196, § 5, emerg. eff. May 25, 1979.  

§74-30.  Short title.

Sections 1 through 4 of this act shall be known and may be cited as the "Oklahoma Drug and Alcohol Abuse Policy Board Act".

Added by Laws 1991, c. 121, § 1, emerg. eff. April 29, 1991.

§74-30a.  Legislative findings.

The Legislature finds that drug and alcohol abuse is one of the most critical problems facing law enforcement, education, and the social service agencies in the State of Oklahoma and that the problem continues to escalate, threatening the quality of life in our state, destroying the integrity of the family, disrupting the lives of children and adults, increasing crime, and creating a drain on the resources available to combat those many problems through the various state and local agencies in our state.  In order to expand and enhance the ability of the state to combat the serious drug and alcohol problems, the Legislature finds that a centralized, well-coordinated statewide effort is necessary to curb both the supply of drugs and the demand for drugs and alcohol among Oklahomans, especially our youth, and that a statewide plan should be coordinated by the Attorney General of Oklahoma and developed by the various state and local law enforcement, education, and social service agencies in order to direct the efforts and activities of all entities that are involved in efforts against drug and alcohol abuse.

Added by Laws 1991, c. 121, § 2, emerg. eff. April 29, 1991.

§74-30b.  Oklahoma Drug and Alcohol Abuse Policy Board - Members - Chairperson - Election of officers - Meetings.

A.  There is hereby created the Oklahoma Drug and Alcohol Abuse Policy Board.

B.  A chairperson shall be chosen annually by the members of the Oklahoma Drug and Alcohol Abuse Policy Board to serve a term beginning July 1.  The chairperson may establish committees, subcommittees, or other working groups in order to accomplish the goals of the Board.

C.  The Board shall be composed of the following members:

1.  The Governor or designee;

2.  The Attorney General or designee;

3.  The Director of the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control or designee;

4.  The Director of the Oklahoma State Bureau of Investigation or designee;

5.  The Commissioner of Public Safety or designee;

6.  The Commissioner of the Department of Mental Health and Substance Abuse Services or designee;

7.  The Commissioner of Health or designee;

8.  The Adjutant General of the Military Department or designee;

9.  The Superintendent of Public Instruction or designee;

10.  The Director of the Department of Corrections or designee;

11.  The Director of the Department of Human Services or designee;

12.  The Director of the Alcoholic Beverage Laws Enforcement Commission or designee;

13.  The Executive Director of the District Attorneys' Council or designee;

14.  The Executive Director of the Oklahoma Commission on Children and Youth or designee;

15.  The Executive Director of the Office of Juvenile Affairs or designee; and

16.  Two appointees of the Governor, who shall be private citizens appointed to serve for one-year terms.

D.  Any other state or local agency or individual may become a nonvoting member of the Board upon approval of a two-thirds (2/3) majority of the voting members set forth in subsection C of this section.

E.  Other officers, excluding the chairperson, may be elected at the discretion of the voting Board members.

F.  The Board shall hold meetings at least quarterly and at such other times as the chairperson deems necessary.

Added by Laws 1991, c. 121, § 3, emerg. eff. April 29, 1991.  Amended by Laws 1996, c. 247, § 45, eff. July 1, 1996; Laws 1997, c. 227, § 2, emerg. eff. May 20, 1997.

§74-30c.  Duties.

The Oklahoma Drug and Alcohol Abuse Policy Board shall:

1.  Encourage the establishment of a mechanism for the exchange of information and ideas to assist in the marshalling, coordinating and directing of the various missions and efforts related to fighting drug and alcohol abuse of the agencies set forth in subsection C of Section 3 of this act;

2.  Encourage other institutions, both public and private, to participate in creating uniform drug policies for the state;

3.  Create a structure and organization to facilitate the coordination of this state's war against drug and alcohol abuse by establishing strategies on prevention, treatment and rehabilitation, thereby avoiding duplication of effort and preserving state resources;

4.  Establish a central focus and policy in coordinating and directing public and private efforts toward solving all alcohol and drug-related problems;

5.  Develop and refine a comprehensive statewide plan which addresses all areas of the war against drugs including:  law enforcement, prosecution, prevention, treatment and rehabilitation efforts, maximizing the utilization of the state's resources; and

6.  Issue reports of findings and recommendations to the Governor, President Pro Tempore of the Senate and Speaker of the House of Representatives on or before February 1 of each year.

Added by Laws 1991, c. 121, § 4, emerg. eff. April 29, 1991.

§74-30d.  Termination of Board.

The Oklahoma Drug and Alcohol Abuse Policy Board shall cease to exist after July 1, 2000.

Added by Laws 1991, c. 121, § 5, emerg. eff. April 29, 1991.  Amended by Laws 1994, c. 336, § 1, emerg. eff. June 8, 1994; Laws 1997, c. 227, § 3, emerg. eff. May 20, 1997.

§74-34.  Replacement warrant or bond - Affidavit - Records.

The State Treasurer is hereby authorized and empowered to issue a replacement warrant or bond in lieu of any warrant or bond that has been lost or destroyed; provided, that no replacement warrant or bond shall be issued until an affidavit setting forth the facts as to the loss or destruction of said original warrant or bond has been filed with the State Treasurer.  The Director of State Finance and the State Treasurer shall make such records in their respective offices as will, as nearly as possible, preclude any loss being sustained by the state on account of the issue of any replacement warrant or bond.

Such entries shall include a stop payment order against the original warrant which will, as nearly as possible, cancel said original warrant.  The Director of State Finance shall transfer to the Canceled Warrant Fund the payable amount of lost or destroyed warrants on which payment has been stopped pursuant to the provisions of this section from the fund and account against which said warrant had been drawn.  Warrants issued to replace lost or destroyed warrants pursuant to the provisions of this section shall be drawn against the Canceled Warrant Fund.

R.L. 1910, § 8067.  Amended by Laws 1915, c. 63, § 1; Laws 1979, c. 47, § 93, emerg. eff. April 9, 1979; Laws 1982, c. 39, § 3, emerg. eff. March 26, 1982; Laws 1996, c. 219, § 5, eff. July 1, 1996.

§74-51.  Short title.

Sections 1 through 4 of this act shall be known as may be cited as the "Oklahoma Homeland Security Act".

Added by Laws 2004, c. 157, § 1, emerg. eff. April 26, 2004.

§74-51.1.  Oklahoma Office of Homeland Security.

A.  There is hereby created the Oklahoma Office of Homeland Security.  The Governor shall be the chief officer of the Office and shall appoint a Homeland Security Director who shall be responsible to the Governor for the operation and administration of the Office.  The Governor shall determine the salary for the Director.

B.  The Oklahoma Homeland Security Director shall possess or obtain a federally recognized Top Secret Level Clearance.

1.  Any employee of state government appointed to the position of Oklahoma Homeland Security Director shall have a right to return to the previously held classified position of the employee without any loss of rights, privileges, or benefits immediately upon completion of the duties as Oklahoma Homeland Security Director, provided the employee is not otherwise disqualified.

2.  Any person appointed to the position of Oklahoma Homeland Security Director, if already a member of a state retirement system, shall be eligible to continue participation in that system.  If not a member of a state retirement system, the Director shall be eligible to participate in the Oklahoma Public Employees Retirement System.  The Oklahoma Homeland Security Director shall be eligible for participation in only one retirement system and shall elect in writing the system in which the Director intends to participate.

3.  The Commissioner of the Department of Public Safety may commission the Director of Homeland Security as a peace officer if  at the time of appointment the Director is certified as a law enforcement officer by the Council on Law Enforcement Education and Training (CLEET) or as a state trooper if at the time of appointment the Director is a CLEET-certified officer of the Oklahoma Highway Patrol.

C.  The Oklahoma Office of Homeland Security shall consist of at least three divisions:

1.  Prevention and Intelligence;

2.  Response and Recovery Planning; and

3.  Awareness and Preparedness.

D.  The Director shall be authorized to employ personnel necessary to achieve the mission of the Office.  Other federal, state, and local personnel may be assigned to the Office of Homeland Security pursuant to an interagency agreement.  The Governor shall designate at which appropriate state agency the Oklahoma Office of Homeland Security shall be located.  That agency shall provide housing, administrative staff and other support to the Oklahoma Office of Homeland Security.  All positions and personnel of the Office of Homeland Security shall be exempt from the full-time-employee limit of the state agency where the Office of Homeland Security is located.

E.  The Oklahoma Homeland Security Director shall have the duty and responsibility to develop and coordinate the implementation and administration of a comprehensive statewide strategy to secure the State of Oklahoma from the results of acts of terrorism, from a public health emergency, from cyberterrorism, and from weapons of mass destruction as that term is defined in 18 U.S.C., Section 2332a, and to perform other duties assigned by the Governor.  These duties shall include but not be limited to:

1.  Representing the State of Oklahoma with federal agencies as the state homeland security director for purposes of accessing federal funds and cooperating with federal agencies in the development and implementation of a nationwide homeland security plan of response; and

2.  Coordinating the Homeland Security efforts within the State of Oklahoma, including working with the Governor and Legislature, state agencies, and local elected officials and local governments, emergency responder groups, private-sector businesses, educational institutions, volunteer organizations, and the general public.  State agencies receiving federal funding for homeland security purposes shall report the amount and intended use of those funds to the Oklahoma Homeland Security Director to ensure efficient use of funds and to avoid duplication of efforts.

F.  Included in the comprehensive statewide strategy and consistent with the National Strategy for Homeland Security, as promulgated by the Office of the President of the United States, or its successor plan or plans, the Oklahoma Homeland Security Director shall establish the following strategic objectives for Oklahoma:

1.  To prevent terrorist attacks;

2.  To reduce vulnerability to terrorism;

3.  To minimize the damage from and to recover from terrorist attacks; and

4.  Such other duties as the Governor may prescribe.

G.  The Oklahoma Office of Homeland Security shall have the following duties:

1.  Establish a plan for the effective implementation of a statewide emergency All-Hazards response system, including the duties and responsibilities of regional emergency response teams;

2.  Create, implement, and administer an advisory system;

3.  Coordinate and prepare applications for federal funds related to homeland security and accessing and distributing the federal funds; and

4.  Cooperate with federal agencies in the development and implementation of a nationwide homeland security plan or response.

H.  The Oklahoma Office of Homeland Security and any local government may enter into contracts with each other for equipment and personnel, or both.  The contract may include any provisions agreed upon by the parties and as required by any federal or state grant, if applicable.

I.  All state agencies and political subdivisions of this state and all officers and employees of those agencies and political subdivisions are hereby directed to cooperate with and lend assistance to the Oklahoma Homeland Security Director.

Added by Laws 2002, S.J.R. No. 42, § 1, emerg. eff. Feb. 21, 2002.  Amended by Laws 2004, c. 157, § 2, emerg. eff. April 26, 2004.  Renumbered from § 10.6 of this title by Laws 2004, c. 157, § 8, emerg. eff. April 26, 2004.

§74-51.2.  Oklahoma Homeland Security Revolving Fund.

A.  There is hereby created in the State Treasury a revolving fund for the Oklahoma Office of Homeland S